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Home My WebLink AboutMinton, James 6.2025 Palmeri, Allison From:James Minton <jpm79ny@aol.com> Sent:Monday, June 9, 2025 9:24 AM To:Lanza, Heather Subject:Re: Draft Zoning Code Changes Attachments:Southold Property Class by Hamlet.docx; Southold Parcel Analysis.docx; Scarsdale Coverage Calculator.xlsx; Rockville Centre Lot Requirements.docx; Village of Scarsdale Lot Area Coverage.pdf; Survey Minton 2019 April.pdf; East Hampton Town Code.docx Hi Heather, th Thanks for taking the time to speak with me at the public meeting on May 12. I sincerely apologize in advance for not submitting my feedback sooner. It required a substantial amount of time to review the draft code and summarize my recommendations. As we discussed, I've attached a few examples from other municipalities. I hope you have a chance to review prior to the meeting at Veterans Park this evening. It would be really appreciated if you have some time before/after the meeting to discuss my specific situation considering many of the proposed definitions result in material changes to calculations regarding my property. Please let me know if you are available to schedule a time. My property is a modest cottage at 5194 Peconic Bay Blvd in Laurel (survey attached) with 7,026 sq. ft., (0.15 acre) but, with the proposed definition change that area decreases to 5,751 (0.13 acre) assuming ~1,275 sq. ft. deeded common ROW driveway easement (a portion of shared access with my neighbors from PBB to the bay for ingress/egress and beach access) is excluded. Based on 20% lot coverage, Buildable Land is reduced from 1,400 to 1,150, which is modestly insufficient to accommodate a reasonably-sized footprint to accommodate first-floor living let alone an adequate driveway (and small patio and shed) due to proposed Lot/Impervious Surface Coverage. This house is the most valuable asset I own, which I inherited from my grandparents who purchased it in 1965 and retired there in the late 1970s. I’m spending time to understand the impact of the proposed changes because the house is showing its age and my goal is to reconstruct the house longer-term in the future (after I can save more money for inflated construction costs) enlarging the footprint with a 1st-floor bedroom and a garage so I can accommodate family/guests and comfortably retire in the area. I will already need front/rear yard variances (precedent from both my immediate next-door neighbors as well as my own rear-yard "as-built" variance) and possibly skyplane so these proposed changes only increase the relief I may require. Furthermore, my property value could be impacted due to these proposed restrictions, which is inequitable for small parcel owners relative to others. For instance, my neighbor obtained setback variances to build a large house a few years ago on a relatively small ~10,500 sq. ft. parcel (with the benefit of including driveway easement sq. ft. for lot coverage) that would be Non-Conforming today (aside from recent GFA limits). The proposed restrictions actually have the opposite effect of the Town’s objective for affordable housing as these types of improved properties will likely increase in property value because they can no longer be built (i.e. scarcity value). As an aside, I listened to the Zoning Committee update meeting on Friday and there was lot of discussion around affordable housing. Unfortunately, Southold is experiencing the same trends as many other Long Island towns noting many of the smaller parcels actually have the highest average assessed Full Market Values per. parcel sq. ft. Properties with > 1/3rd acre are assessed over ~$1MM FMV making it challenging for 1st time homebuyers. I agree with the committee members that zoning code will not be the answer to resolving unaffordable housing, but rather it should be a balanced framework that should protect the character of the town while also not overly restricting residents' ability to enjoy and improve their properties. One of the committee members mentioned multi-family homes of which they represent less than 0.2% of the total housing stock so maybe that's an area where the Town can have a positive impact supporting housing. I’ve analyzed the 2025 tentative tax roll (see attached). Approximately 25% of the ~14,700 residential parcels are less than 1/3rd acres (~14,500 sq. ft.) and could be designated Non-Conforming simply based on Impervious Surface Coverage due to a long driveway, walkway, patio, swimming pool, shed, etc. This could create more ZBA cases. In contrast, only 30% of parcels are R-40 conforming (i.e. > 40,000 sq. feet. / 0.92 acres). Furthermore, 6,785 rd or ~46% of residential parcels (25% under 1/3 acre most impacted) have a tax bill mailed to an address outside the 1 town, which suggests many of these owners are seasonal/2nd homeowners and unaware of the proposed zoning update and therefore will never have an opportunity to provide feedback. Given high % of Non-Conforming parcels < R-40, the Zoning Committee should consider a more equitable approach for small parcels as part of the zoning code update to minimize the expense, effort, and time of obtaining variances not to mention the additional administrative and cost burden on ZBA and the Building Department. Based on examples from other municipalities (see attached), my suggestion is a modest increase in max % and/or sliding thresholds scale for Lot Area/Buildable Land and Impervious Lot Coverage based on property size – e.g. Buildable Land up to 25% Lot Coverage for small parcels under 10,000 sq ft. (e.g. Town of Oyster Bay is 25% under 7,000 and 28% under 6,000) or absolute area + % concept (similar to Scarsdale attached); Impervious Lot coverage 45-50% (e.g. Rockville Centre, East Hampton) or absolute area + % concept (Scarsdale) or even Oyster Bay (see except below) that exempts lots < 10,000 sq. ft. as well as existing developed lots that are reused or redeveloped (i.e. only applies to new undeveloped lots). The Building Inspector should have discretion for variances within certain tolerances (maybe certain % relative to area and/or existing setbacks - i.e. Rockville Centre). It's a bonus if the front/rear yard setbacks could be relaxed to thresholds more in line with other towns (e.g. 20-30 ft. - East Hampton 20 ft., Oyster Bay 25 ft. under 7,000 and 30 ft. under 10,000). Alternatively, consider retaining existing 280-104 Established front yard setback whereby minimum lot depth may be decreased to 75% minimum of requirement based on average surrounding properties. Furthermore, definitions for GFA, Lot Coverage/Buildable Land, Building Area, and Retaining Walls should be reviewed and revised Primary concerns 1. The definition of Floor Area, Gross (GFA) was shortened. See comparison of Existing vs. Proposed definitions below. Is this definition attempting to include cellars, basements, attics, and other ancillary areas previously excluded? That would be more restrictive vs. the adopted changes in 2022 after a lengthy public debate. The Resource section under “I own a Home is Southold” says “house sizes aren’t changing”, but 2,100 GFA is significantly less if cellars, basements, attics, etc. are included which I imagine is not the intention because GFA's focus is to limit house sizes, but not storage space and ancillary recreational space. https://southoldzoningupdate.com/resources). Net Floor Area was added with the same verbiage as FLOOR AREA, Livable, (eliminated) but there’s no reference to that definition in Section 280-44 (B) 2 of the code. The definitions of Story and Cellar are unchanged. Basement is revised. Story, Half was added. Maybe Section 280-43 O (2) needs to reference Net Floor Area? See East Hampton definitions attached, which is a solid template and notably excludes attached garages < 600 sq. ft. (which are explicitly prohibited to be used as a bedroom in Section 255-11-67 Additional regulations). 2. Lot Coverage / Buildable Land (Lot Area, Net) a. Please consider maintaining to the old definition and removing “the area of flags 50 feet or less in width, right-of-way, roadway easement, access easement” from this definition (and concurrently Accessway / Flag Lots). I imagine this change will reduce lot coverage for many properties that were subdivided (particularly in Laurel/Mattituck along Peconic Bay) with a particular adverse impact on smaller parcels. Alternatively consider a compromise by grandfathering existing ROW/easements for the lot coverage test (i.e. only enforce this requirement for newly created/undeveloped lots going forward - i.e. apply Town of Oyster Bay's concept for Impervious Coverage - see summary below), giving 50% credit for this specific lot area, and/or increasing lot coverage percentage scaled to lot size. 1) It places undue limitation on how landowners use their property, which could reduce property values. 2) The existing definition is in line with many other towns/villages. As far as I can tell there’s no NYS requirement to incorporate this concept. 3) According to Southold’s Assessors office, property owners pay fully assessed taxes on this land so it should count for lot coverage to get the full benefit. Swapping this open area for building on another section of land shouldn’t be an issue because it’s not environmentally sensitive ecosystem. 4) For wetlands specifically, the DEC on its website states “The Freshwater Act acknowledges that some limitations may be placed on how landowners use their property. Any freshwater wetland subject to land-use regulations pursuant to section 24-09-3 of this article or subject of a cooperative agreement pursuant to section 24-0901 of this article shall be deemed subject to a limitation on the use of such wetlands for the purpose of property tax evaluation in the same manner as if an easement or right had been acquired pursuant to the general municipal law. Assessment value shall be based during the duration of such agreement 2 or regulations on the uses remaining to the owner thereof.” https://dec.ny.gov/nature/waterbodies/wetlands/freshwater-wetlands-program/real-property- assessment. b. Section 280-52 Accessways and Flag Area – Similar to Buildable Land, this area should be excluded for lot coverage and setbacks with similar rationale noted above. Existing lots should be exempted from these requirements. c. Existing Lot Coverage definition “That percentage of the buildable land existing on a lot which is covered by the building area.” However, there’s no specific reference to the “Building Area” definition in the proposed definitions or body of the code. I imagine it should be incorporated in the Buildable Land definition to cover inclusions/ exclusions with also the same treatment for the Impervious Surface Coverage calculation (see Rockville Centre as an example). Building Area definition should also be expanded to exclude safety features such as egress window wells and outside basement entrances because those function similarly to exterior cellar doors, porticos (280-104) similar to porches, HVAC pads, sanitary system manholes, walkways, and Residential Storage Sheds under 100 sq. ft. 3. Impervious Surface Coverage is too restrictive for Non-Conforming properties without commensurately increasing lot coverage percentage above 20% and/or including an adequate Impervious Surface Coverage percentage overlay (similar to many other NY Towns/Villages – Examples: Village of Scarsdale scaled thresholds based lot size to maintain balance for all property owners – see below; East Hampton 50% Total Lot Coverage < 40,000 sq. ft., Rockville Centre – 40% under 8,000 sq. ft. with Building Inspector discretion to 45% ). As proposed, the math doesn’t work for a reasonably sized home/driveway - not to mention stoops, walkways, patios, sheds, Bilco doors / outside entrance / egress window well, swimming pool, HVAC pad, etc. - particularly for Non-conforming lots under 0.33 acres. Any of these accessory items/structures (such as a basic shed) could trigger the need for a building permit, variance (and Site Plan?), etc., which seems overly burdensome. Furthermore, Impervious Surface coverage is duplicative for any dwelling/driveway already subject to existing stormwater management requirements so possibly this should only apply to other structures/surfaces on a parcel (i.e. not the dwelling and driveway). The draft specifically highlights gravel as poorly permeable, but that’s not completely accurate as gravel grid paver systems could be considered permeable. https://www.wa-rock.com/ask-washington-rock-what-are-the-pros-and-cons-of-using-gravel- grids/. Porous driveway pavement systems are more expensive adding more construction expenses and horizontal/vertical setback requirements may not be achievable on small / high water table lots. Also unclear if there’s a porous pavement steps/stoop alternative. Note East Hampton’s definition PERVIOUS DRIVEWAY OR WALKWAY: A driveway or walkway composed of cinders, gravel, stone, shells, chips or similar material, with or without a marl base, which is at least partially permeable to rainwater and snowmelt. 4. Non-Conforming Setbacks – About 70% of 14,700 residential parcels are Non-Conforming less than 40,000 sq. ft. Setbacks should be further tailored to accommodate the smaller properties under 10,000 sq. ft. I imagine many of these small parcels struggle to meet 35 ft. front and rear yard setbacks. Many towns only require 30 ft. (and some less or based on formula). Again, East Hampton (20 front, 15 rear), Southampton, Rockville Centre are examples with less restrictive, but still very reasonable requirements (including a proportional formula based on size of Non-Conforming lots). The Building Department should have some discretion within a tolerance range to avoid the cost and administrative burden of ZBA. The Non-Conforming allowance in Section 280-66 (2) will not be helpful for small parcels because 20% max lot coverage including Impervious Surface likely cannot be achieved given the proposed changes in the code. 5. Section 280-48 (D) 10: What’s the rationale for requiring an improved surface parking area? Many parcels currently only have a dirt/grass driveway so that should be acceptable in the context of Impervious Surface Coverage. 6. Retaining Walls proposed 20 inches setback is a significant piece of owned property rendered unusable to the landowner. Please consider a compromise with a modest retaining wall height of up to 2 ft. on the property line (vs. 4 ft. in existing code 280-104 c.-1) before requiring setbacks (my neighbor has a retaining wall of this height on the property line to hold back soil due to uphill incline and it’s not a nuisance or concern). Furthermore, there should be not setback requirement when a retaining wall is a necessary design element to accommodate a sanitary system. Secondary items for consideration 3 1. Section 280-48 (D) 8: Clear Sight Line – Consider an exception for driveway on the edge of property but can’t comply due to trees/shrubs on a neighbor’s property. 2. 280-50. Small lots under 10,000 sq. feet should be exempt from the Tree Fee and the Front Landscaping Requirement. Large tree roots can be disruptive to sanitary system drainage fields and pipes, utility lines, etc. It’s not clear when a Front Landscaping Requirement would even be required or if existing properties without this requirement are grandfathered. 3. Section 280-48 Parking - Single dwelling max 4 parking spaces is counterintuitive to keeping cars off public streets particularly when homeowners have driving-age children/relatives living in the home and/or overnight guests. Some homeowners have secondary cars (sports/luxury cars for pleasure, pickups/wagons to take garbage to the dump, boat etc.). A limitation shouldn’t be necessary so long as the property size can accommodate. For example, a simple 1 car 10 ft. wide driveway on a conforming R-40 lot (175 ft. min. depth) leading to a detached garage only permitted in the rear yard is likely to be significantly larger than 4 spaces max – could be 1,000 -1,500 sq. ft. (not to mention this will also consume significant Imperious Surface Coverage). Furthermore, boats are proposed to be stored only in the rear yard so a boat owner will now be inclined to have a longer driveway. Conversely, most towns actually have minimum off-street parking requirement. 4. Section 280-48 (AA): 4 Private Garage (and Site Plan 280-80) – What’s the rationale for “Garages shall be set back from the front façade of the building”? There’s plenty of house designs that have a garage forward of the house façade and are not offensive from a style perspective. This could be handled on a case-by-case basis through Site Review. 5. Fence opacity measurements. I don’t understand the example and when it would apply so more clarity in the code would be helpful. A property owner should be entitled to a fully screened property for privacy. 6. Site Plan 285-85. It’s not clear if/when a Site Plan is required for a single dwelling. Exemption “Construction of and/or change of use to a single dwelling where such use is allowed per this Code and not to exceed one single dwelling on each lot” and if an exemption would also apply to a parking area (similar to accessory structure). 280-85 B is not clear if #3 applies to a single dwelling and a Site Plan is required simply to cut down trees. “Regrading, clearing, tree removal, cutting, filling, excavating, and any similar or related work to a site”. This seems overly punitive and costly. 7. 280-3 (A) #5 Is it accurate that Building Permits approved before adoption of the new code will only have a limited grandfathered time frame with expiration on construction progress and completion? This section is too restrictive and prescriptive. Any approved building permit should be allowed to proceed under the existing code at the time with opportunity for renewals/extensions. There could be construction delays, other factors, etc. It would cost quite a bit of money and time to start the process again under new code. See existing as an example "The maximum gross floor area restrictions imposed by this §280-207 shall not be applicable to any project otherwise subject to the restrictions for which a complete construction application has been submitted for approval to Town of Southold Building Department or discretionary board, prior to the enactment date of this section." 8. Section 280-58. Unenclosed storage of household items (not vehicles or parts, etc.) outside of an enclosed building should be permitted in a rear yard so long as it’s not in plain view. The Impervious Lot coverage requirement as proposed is now potentially limiting the ability to have a reasonably sized shed. Thanks in advance for your time and consideration. Sincerely, James Minton 845-222-6866 Town of Southold – Existing vs Proposed Definitions 4 Floor Area, Gross (GFA). PROPOSED Definition The total square footage of a building, measured between the exterior walls of the building, calculated on a floor-by-floor basis and includes all areas within the building's perimeter. The word “story” is eliminated, for which cellar was excluded (assume that’s why it’s not specifically called out in OLD definition). Are the exterior walls considered above ground and therefore cellar is still excluded in the revised definition because it’s mostly below finished grade? There’s no definition of “floor” or “floor-by-floor”. What happens with the attic and basement with respect to GFA? I imagine the other items such as roof overhangs less than three feet; unenclosed porches, patios, decks; open terraces, are all excluded because they are outside the exterior walls? East Hampton’s definition (attached) is very clear and reasonable. FLOOR AREA, GROSS (GFA) EXISTING Definition The cumulative area, in square feet, of all floor levels of every story of all dwellings on a lot, including attached garages, having a clear height of not less than six feet measured from the exterior faces of exterior walls or from the center line of party walls separating two buildings. Interior spaces with a floor-to-ceiling height in excess of 15 feet shall be counted twice for gross floor area. The cumulative area shall not include roof overhangs less than three feet; unenclosed porches, patios, decks; open terraces; balconies; basements; and attics. Accessory buildings or structures shall also be excluded, except any portion thereof which may be converted to habitable space. Such habitable portion shall be included in the gross floor area Floor Area, Net. NEW All spaces within the exterior walls of a dwelling, exclusive of garages, breezeways, unheated porches, cellars, heater rooms and approved basements having a window area of less than 10% of the square foot area of the room. Net floor area shall include all spaces not otherwise excluded above, such as principal rooms, utility rooms, bathrooms, all closets and hallways opening directly into any rooms within the dwelling. Same as FLOOR AREA, LIVABLE FLOOR AREA, LIVABLE: ELIMINATED All spaces within the exterior walls of a dwelling unit, exclusive of garages, breezeways, unheated porches, cellars, heater rooms and approved basements having a window area of less than 10% of the square foot area of the room. Usable floor area shall include all spaces not otherwise excluded above, such as principal rooms, utility rooms, bathrooms, all closets and hallways opening directly into any rooms within the dwelling unit. Story. UNCHANGED That part of any building, exclusive of cellars but inclusive of basements, comprised between the level of one finished floor and the level of the next higher finished floor or, if there is no higher finished floor, then that part of the building comprised between the level of the highest finished floor and the top of the roof beams. Story, Half. ADDED Any space, with a minimum clear height of five feet, partially within the roof framing where the clear height of not more than 50% of such space between the top of the floor beams and the structural ceiling level is seven feet six inches or more. Cellar. UNCHANGED Any space in a building, partly below finished grade level, which has more than 1/2 its height, measured from floor to ceiling, below average established curb level or finished grade of land immediately adjacent to the building. Basement. NEW A story of a building, partly below the finished grade level, which has more than one-half of its height, measured from floor to ceiling, above the average established curb level or finished grade of the lot immediately adjacent to the building. BASEMENT: OLD That portion of a building having its floor subgrade (below ground level) on all sides. Attic. UNCHANGED The non-habitable, unfinished space between the ceiling assembly and the roof assembly. underground structures, swimming pools, tennis courts and other such facilities. Lot Area. PROPOSED The area of a lot taken at its perimeter, exclusive of any portion within a private street right-of- way. 5 Lot Area, Net. PROPOSED See “Buildable Land.” LOT COVERAGE EXISTING That percentage of the buildable land existing on a lot which is covered by the building area. Lot Coverage. PROPOSED The total area of all impervious surfaces and areas covered by temporary structures and open storage of more than an incidental transitory nature on a lot expressed as a percentage of the Net Lot Area. Agricultural production practices that create impervious surfaces on bona-fide farm operations, and off-season boat storage at marinas are exempt from lot coverage restrictions. No reference to “buildable area” definition. Will the exclusions count for impervious surface area? BUILDABLE AREA EXISTING The area of a lot remaining after the minimum yard and open space requirements of this chapter have been met. BUILDABLE LAND EXISTING The area of a lot or parcel, not including the square footage of tidal and freshwater wetlands, land seaward of the coastal erosion hazard area line, beaches, bluffs, primary dunes, secondary dunes, or underwater lands. The terms "wetlands," "beaches," "bluffs," and "underwater lands" shall have the meanings set forth in Chapter 275, Wetlands and Shoreline, of the Town Code. The terms "coastal erosion hazard area line," "primary dunes" and "secondary dunes" shall have the meanings set forth in Chapter 111, Coastal Erosion Hazard Areas, of the Town Code. PROPOSED: The area of a lot or parcel, not including the area of flags 50 feet or less in width, right-of-way, roadway easement, access easement, areas of tidal and freshwater wetlands, land seaward of the coastal erosion hazard area line, beaches, bluffs, primary dunes, secondary dunes, or underwater lands. The terms "wetlands," "beaches," "bluffs," and "underwater lands" shall have the meanings set forth in Chapter 275, Wetlands and Shoreline, of the Town Code. The terms "coastal erosion hazard area line," "primary dunes" and "secondary dunes" shall have the meanings set forth in Chapter 111, Coastal Erosion Hazard Areas, of the Town Code. Consider removing ROW, easement, etc. based on rationale above. BUILDING EXISTING “A structure wholly or partially enclosed within exterior walls, or within exterior and party walls, and a roof, affording shelter to persons, animals or property. PROPOSED: A structure wholly or partially enclosed within exterior walls, or within exterior and party walls, and a roof, affording shelter to persons, animals, and/or land. See also, Structure. BUILDING AREA EXISTING “The aggregate of the maximum horizontal cross section of the buildings on a lot, measured between the exterior faces of walls. (1) The term "building area" shall include the following: (a) Balconies. (b) Terraces, patios, decks and other structures above the finished grade. (c) Swimming pools, tennis courts and other similar structures. (2) The term "building area" shall exclude the following: (a) Cornices, eaves, gutters, chimneys and fireplaces, projecting not more than 28 inches from exterior walls. (b) Steps and open porches, projecting not more than five feet from exterior walls and having an area of not more than 30 square feet.(c) First-story bay windows projecting not more than three feet from exterior walls and exterior cellar doors projecting not more than six feet from exterior walls. PROPOSED The aggregate of the maximum horizontal cross section of the buildings on a lot, measured between the exterior faces of walls. (1) The term "building area" shall include the following: (a) Balconies. (b) Terraces, patios, decks, and other buildings above the finished grade. A Residential Storage Shed < 80 sq. ft. should be excluded. (c) Swimming pools, tennis courts, and other similar accessories. Is this supposed to refer to the definition Accessory Recreational Structure so maybe more appropriate to use that specific definition? (2) The term "building area" shall not include the following: (a) Cornices, eaves, gutters, chimneys and fireplaces, projecting not more than 28 inches from exterior walls. (b) Steps and open porches, projecting not more than five feet from exterior walls and having an area of not more than 30 square feet. (c) First-story bay windows projecting not more than three feet from exterior walls and exterior cellar doors projecting not more than six feet from exterior walls. Definition should also exclude egress window wells and outside basement entrances because it’s the same concept as exterior cellar doors. Town of Oyster Bay - Impervious Coverage 5.4.7.3.2 6 Lot coverage. In furtherance of the purposes and legislative intent as set forth in this chapter, the following limits are hereby established for lot (impervious surface) coverage, except that, in conjunction with the reuse or redevelopment of any existing developed lot that has impervious surface coverage in excess of the maximum permitted limits as set forth below, such limits shall not apply but the amount of lot coverage shall nevertheless be minimized to the maximum extent practicable: 5.4.7.3.2.1 One-Family Residence Districts. The maximum permitted lot coverage for a residential use on a lot which has an area of 10,000 square feet or greater in a One-Family Residence District and was not legally in use for one- or two-family residence purposes as of the effective date of this amendment, shall be as follows: Lot AreaMaximum Permitted Lot Coverage 10,000 to 19,999 square feet4,000 square feet plus 20% of lot area in excess of 10,000 square feet 20,000 to 43,559 square feet6,000 square feet plus 12% of lot area in excess of 20,000 square feet 1 to 2 acres (43,560 to 87,120 square feet)8,830 square feet plus 10% of lot area in excess of 1 acre 2 to 5 acres (87,120 to 217,800 square feet)13,180 square feet plus 8% of lot area in excess of 2 acres Over 5 acres (over 217,800 square feet) acres23,600 square feet plus 6% of lot area in excess of 5 On Tuesday, May 13, 2025 at 09:04:54 AM EDT, Lanza, Heather <heather.lanza@town.southold.ny.us> wrote: James, Thank you for coming last night and asking good questions. We look forward to reviewing your feedback. And I would appreciate seeing the research you did from other municipal zoning codes. Best, Heather Heather Lanza, AICP Town Planning Director 7 Southold Town Planning 54375 State Route 25 P.O. Box 1179 Southold, New York 11971 Phone: (631)765-1938 E-mail: heatherl@southoldtownny.gov From: James Minton <jpm79ny@aol.com> Sent: Tuesday, May 13, 2025 7:58 AM To: Lanza, Heather <heather.lanza@town.southold.ny.us> Subject: Draft Zoning Code Changes Heather, It was a pleasure to meet you last night. Thank you for presenting an overview of the draft code changes. I'm in the process of summarizing my feedback and will follow up with an email soon. Regards, James Minton ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 8 Grand Row Labels0CutchogueEast MarionFishers IslandGreenportLaurelMattituckNew SuffolkOrientPeconicSouthold#N/ATotal 2101219498074669965362430243750444360661224594.7% 1 Family22 1 Family Res11 1 Family12194980746699653424292437504443606612242 21531711130.1% Town of Southold - Property Type by Hamlet 1 Fam3141110 1 Fam 33 220697172146105251010.8% 2 Family11 2 Family69717214610524100 23021316113180.1% 3 Family11 3 Family213611317 2401113432150.1% Rural111343215 24111350.1% Rural1135 2501063541133545860.7% Estate106354113354586 260443923232769714381053893.0% Seasonal2114 Seasonal res11 Seasonal44392323256671438104383 Seasonal res11 27016314150.1% Mfg1631415 280224234114230.1% Res22423411423 28151211313260.2% Multiple5121131326 283110.0% Res11 Grand Total122023867539105456725612677854953761612937100.0% New York State - Property Type Classification Codes New York State developed property class codes to provide a statewide uniform classification system for administration. Assessors assign a code to each property on an assessment roll. 200 – Residential https://www.tax.ny.gov/research/property/assess/manuals/prclas.htm Code Description Notes A one family dwelling constructed for year-round occupancy (adequate insulation, One family year-round heating, etc.). Note: If constructed for year-round occupancy, see code 210. 210 residence A one family, year round residence with a secondary self contained dwelling unit. One family year-round Accessory apartments are usually contained within or added to the principle 215 residence with accessory residence and are often occupied by immediate family members. apartment A two family dwelling constructed for year-round occupancy. Two family year-round 220 residence A three family dwelling constructed for year-round occupancy. Three family year-round 230 residence A year-round residence with 10 or more acres of land; it may have up to three year- 240 Rural residence with acreage round dwelling units. Primary residential, also used 241 in agricultural production 242 Recreational use A residential property of not less than 5 acres with a luxurious residence and 250 Estate auxiliary buildings. Dwelling units generally used for seasonal occupancy; not constructed for year- round occupancy (inadequate insulation, heating, etc.). If the value of the land and timber exceeds the value of the seasonal dwelling, the property should be listed as 260 Seasonal residences forest land (see category 900). Note: If constructed for year-round occupancy, see code 210. A portable structure built on a chassis and used as a permanent dwelling unit. 270 Manufactured home More than one manufactured home on one parcel of land; not a commercial enterprise. 271 Multiple manufactured homes Multi-Purpose/Multi-Structure 280 Residential More than one residential dwelling on one parcel of land. May be a mixture of codes 210's, 220's, and 230's, or all one type. 281 Multiple residences A residence which has been partially converted or adapted for commercial use (e.g. Residence with incidental residence with small office in basement). Primary use is residential 283 commercial use Residential Dwellings (ex. Condos, Apartments, etc)Residential Vacant Land 1 Residential Dwellings (ex. Condos, Apartments, etc)Residential Vacant Land 2 Residential DwellingsResidential Vacant LandCombined Parce Full Market Full Market Full Market Impervious Full Market Value Parcel Full Market Full Market Full Market Parce Size Full Market Value Parce Size Parcel Size Value (FMV) Value (FMV) Parcel Size (Sq. Value (FMV) Lot Surface Parcel Size (FMV) Rolling Parcel Parcel Size Parcel Size Parcel Value (FMV) Value (FMV) Parcel Size (Sq. Value (FMV) (Acres)(FMV) AverageParcel Count% TotalFMV Sum(Acres)FMV SumCount% Total(Acres)% TotalAverageAvg / AcreFt)Avg / Sq. Ft. CoverageCoverage (Acres)AverageCount% TotalFMV Sum(Acres)FMV SumCount%(Acres)CountAvg / ParcelAvg / AcreFt)Avg / Sq. Ft. < 0.1350,12418310%9,172,744< 0.139,172,74418310%141% 50,1243,702 589,80215.6 Full Market Value Full Market Full Market < 0.13683,6953753%256,385,454< 0.13256,385,4543773%430% 680,0685,990,314 1,864,368137.5 < 0.1551,20320411%10,445,473< 0.15 > 0.131,272,729211%30% 60,60620,002 131,9879.6 (FMV) Rolling Parcel Value (FMV) Parcel Value (FMV) Parcel < 0.15693,9214574%317,121,816< 0.15 > 0.1360,736,362801%120% 759,2055,129,760 515,750117.8 < 0.2363,45530117%19,100,009< 0.23 > 0.15 8,654,536975%181% 89,2224,854 800,63310.8 GFAAcresSq. Ft.20%20%AverageCount% TotalAverageCount% TotalFMV SumFMV SumFMV Sum TotalRolling AverageCount% Total < 0.23769,7131,2219%939,819,995< 0.23 > 0.15622,698,1797646%1491% 815,0504,187,332 6,477,80896.1 < 0.2571,01835020%24,856,374< 0.25 > 0.23 5,756,365493%120% 117,4779,693 527,94710.9 2,100<0.13 5,663 1,133 1,133$ 683,695 375 3%$ 50,124 183 10% 256,385,454 9,172,744 265,558,198$ 475,911 558 4% < 0.25816,0731,86614%1,522,792,719< 0.25 > 0.23582,972,7246455%1601% 903,8343,636,307 6,983,53983.5 < 0.3076,53942524%32,529,111< 0.30 > 0.25 7,672,737754%211% 102,3034,842 920,4238.3 2,100<0.15 6,534 1,307 1,307$ 693,921 457 4%$ 51,203 204 11% 317,121,816 10,445,473 327,567,289$ 495,563 661 4% < 0.30856,7482,55120%2,185,564,717< 0.30 > 0.25662,771,9986855%1932% 967,5503,426,949 8,424,50478.7 < 0.3381,49346926%38,220,023< 0.33 > 0.30 5,690,912442%141% 129,3399,096 619,4239.2 2,100<0.23 10,019 2,004 2,004$ 769,713 1,221 9%$ 63,455 301 17% 939,819,995 19,100,009 958,920,004$ 630,039 1,52210% < 0.33886,5673,11824%2,764,315,093< 0.33 > 0.30578,750,3765674%1831% 1,020,7243,159,635 7,978,88572.5 < 0.46103,88767438%70,020,031< 0.46 > 0.33 31,800,00820511%833% 155,1221,875 3,603,7198.8 2,211<0.25 10,890 2,178 2,178$ 816,073 1,866 14%$ 71,018 350 20% 1,522,792,719 24,856,374 1,547,649,093$ 698,398 2,21615% < 0.46961,9255,24541%5,045,296,171< 0.46 > 0.332,280,981,0782,12716%8577% 1,072,3942,661,557 37,331,35661.1 < 0.50114,04177943%88,838,219< 0.50 > 0.46 18,818,1881056%522% 179,2213,456 2,259,0228.3 2,484<0.3 13,068 2,614 2,614$ 856,748 2,551 20%$ 76,539 425 24% 2,185,564,717 32,529,111 2,218,093,828$ 745,327 2,97620% < 0.50993,7926,40650%6,366,229,062< 0.50 > 0.461,320,932,8911,1619%5695% 1,137,7542,320,357 24,797,83753.3 < 0.75135,87899756%135,470,036< 0.75 > 0.50 46,631,81721812%1335% 213,9071,614 5,774,7498.1 2,647<0.33 14,375 2,875 2,875$ 886,567 3,118 24%$ 81,493 469 26% 2,764,315,093 38,220,023 2,802,535,116$ 781,303 3,58724% < 0.751,048,5757,93861%8,323,588,159< 0.75 > 0.501,957,359,0971,53212%8837% 1,277,6502,217,317 38,453,02650.9 < 0.91< 0.91 > 0.75 149,0921,04959%156,397,309 20,927,273523%442% 402,4489,060 1,934,93510.8 3,354<0.46 20,038 4,008 4,008$ 961,925 5,245 41%$ 103,887 674 38% 5,045,296,171 70,020,031 5,115,316,202$ 864,220 5,91940% < 0.91< 0.91 > 0.75 1,112,3259,22871%10,264,538,8801,940,950,7211,29010%9998% 1,504,6131,942,349 43,528,63744.6 < 0.92 (R-40)153,3111,08561%166,342,757R-40< 0.92 > 0.91 9,945,448362%331% 276,2628,341 1,442,7076.9 3,528<0.5 21,780 4,356 4,356$ 993,792 6,406 50%$ 114,041 779 43% 6,366,229,062 88,838,219 6,455,067,281$ 898,409 7,18549% < 0.92 (R-40)1,120,0579,64875%10,806,327,702< 0.92 > 0.91541,788,8224203%3863% 1,289,9731,402,145 16,831,58432.2 < 1163,3951,17866%192,479,108< 1 > 0.92 26,136,351935%903% 281,0363,115 3,930,4196.6 4,354<0.69 30,056 6,011 6,011$ 1,048,575 7,938 61%$ 135,878 997 56% 8,323,588,159 135,470,036 8,459,058,195$ 946,733 8,93561% < 11,151,11610,45881%12,038,371,817< 1 > 0.921,232,044,1158106%7826% 1,521,0421,574,960 34,075,68136.2 < 1.84197,0241,45681%286,867,284< 1.84 > 1 94,388,17627816%39415% 339,526863 17,146,9585.5 5,073<0.91 39,640 7,928 7,928$ 1,112,325 9,228 71%$ 149,092 1,049 59% 10,264,538,880 156,397,309 10,420,936,189$ 1,014,006 10,27770% < 1.841,230,13011,85692%14,584,418,548< 1.84 > 12,546,046,7311,39811%185015% 1,821,2071,376,294 80,582,95131.6 < 2203,5941,50184%305,594,559< 2 > 1.84 18,727,275453%883% 416,1624,746 3,819,7764.9 5,104R-40<0.92 40,075 8,015 8,015$ 1,120,057 9,648 75%$ 153,311 1,085 61% 10,806,327,702 166,342,757 10,972,670,459$ 1,022,330 10,73373% < 21,244,19012,03893%14,977,554,910< 2 > 1.84393,136,3621821%3533% 2,160,0901,113,795 15,375,37325.6 < 4.6230,9881,67994%387,828,018< 4.6 > 2 82,233,45917810%52019% 461,986888 22,669,0603.6 5,278<1 43,560 8,712 8,712$ 1,151,116 10,458 81%$ 163,395 1,178 66% 12,038,371,817 192,479,108 12,230,850,925$ 1,051,122 11,63679% < 4.61,314,02312,69898%16,685,464,723< 4.6 > 21,707,909,8136605%186315% 2,587,742916,674 81,159,25021.0 > 4.6 82,208,5481116%116043% 740,618639 50,523,5021.6 7,104<1.84 80,150 16,030 16,030$ 1,230,130 11,856 92%$ 197,024 1,456 81% 14,584,418,548 286,867,284 14,871,285,832$ 1,117,134 13,31290% > 4.6913,410,9162372%335227% 3,854,054272,529 145,996,132 6.3 7,278<2 87,120 17,424 17,424$ 1,244,190 12,038 93%$ 203,594 1,501 84% 14,977,554,910 305,594,559 15,283,149,469$ 1,128,824 13,53992% Grand Total262,590 1,790100%470,036,566470,036,5661,790100%2,679100%175,456 116,695,0624.0 10,109<4.6 200,376 40,075 40,075$ 1,314,023 12,698 98%$ 230,988 1,679 94% 16,685,464,723 387,828,018 17,073,292,741$ 1,187,542 14,37798% Grand Total1,360,56212,935100%17,598,875,63917,598,875,63912,935100%12,635100% 1,360,5621,392,877 550,376,68032.0 < R-40156,397,3091,04959%39415% 149,092396,94717,162,6409.1 < R-4010,264,538,8809,22871%404932% 1,112,3252,535,349176,355,70958.2 > R-40313,639,25774141%2,28585% 423,265137,26399,532,4223.2 Grand Total$ 1,360,562 12,935 100%$ 262,590 1,790 100% 17,598,875,639 470,036,566 18,068,912,205$ 1,227,091 14,725100% > R-407,334,336,7593,70729%8,58668% 1,978,510854,187374,020,97019.6 1 Residential Class 200: 1-4 family yr-round residences, Seasonal residences, Estates, Rural Residence, Moble homes, Mult. Residences, etc. Excl. condos (no acreage), 400 Apartments, etc. 2 Vacant Land Class 300: Residential vacant land (incl. w/ small improvement), Rural residental land > & < 10 acres, etc. Excl. Underwater land, Rural, Commercial, Industrial, Agricultural, Utility, etc. NY Uniform Property Tax Assessment Class Code: https://www.tax.ny.gov/research/property/assess/manuals/prclas.htm Maximum Coverage Permitted for All Maximum Coverage Permitted for All Lot Area Structures and Imper- vious Surfaces on the LotBuildings on the Lot More than 1 acre13,100 square feet (30%), plus 10% of lot area in 4,642 square feet (11%), plus 4% of lot area excess of 1 acrein excess of 1 acre 1 20,001 square feet 6,000 square feet (30%), plus 30% of lot area in 3,700 square feet (18%), plus 4% of lot area to 1 acreexcess of 20,000 square feetin excess of 20,000 square feet 2 15,001 to 20,000 5,250 square feet (35%), plus 15% of lot area in 3,100 square feet (21%), plus 12% of lot area square feetexcess of 15,000 square feetin excess of 15,000 square feet 3 10,001 to 15,000 4,000 square feet (40%), plus 25% of lot area in 2,500 square feet (25%), plus 12% of lot area square feetexcess of 10,000 square feetin excess of 10,000 square feet 4 7,501 to 10,000 3,000 square feet (40%), plus 40% of lot area in 2,100 square feet (28%), plus 16% of lot area square feetexcess of 7,500 square feetin excess of 7,500 square feet 5 5,001 to 7,500 2,250 square feet (45%), plus 30% of lot area in 1,500 square feet (30%), plus 24% of lot area square feetexcess of 5,000 square feetin excess of 5,000 square feet 6 45%30% Up to 5,000 square feet 7 113,1004,642 43560 26,0003,700 20,000 35,2503,100 15,000 44,0002,500 10,000 53,0002,100 7,500 62,2501,500 5,000 Up to 5,000 square feet 745%30% 130%11% 230%19% 335%21% 440%25% 540%28% 645%30% Maximum Coverage Maximum Coverage Permitted for All Permitted for All Buildings Lot Area Structures and Imper- on the Lot vious Surfaces on the Lot More than 1 13,100 square feet (30%), 14,642 square feet (11%), plus acreplus 10% of lot area in 4% of lot area in excess of 1 excess of 1 acreacre 1 20,001 square 6,000 square feet (30%), 23,700 square feet (18%), plus feet to 1 acreplus 30% of lot area in 4% of lot area in excess of excess of 20,000 square 20,000 square feet 2 feet 15,001 to 5,250 square feet (35%), 33,100 square feet (21%), plus 20,000 square plus 15% of lot area in 12% of lot area in excess of feetexcess of 15,000 square 15,000 square feet 3 feet 10,001 to 4,000 square feet (40%), 42,500 square feet (25%), plus 15,000 square plus 25% of lot area in 12% of lot area in excess of feetexcess of 10,000 square 10,000 square feet 4 feet 7,501 to 3,000 square feet (40%), 52,100 square feet (28%), plus 10,000 square plus 40% of lot area in 16% of lot area in excess of feetexcess of 7,500 square feet7,500 square feet 5 5,001 to 7,500 2,250 square feet (45%), 61,500 square feet (30%), plus square feetplus 30% of lot area in 24% of lot area in excess of excess of 5,000 square feet5,000 square feet 6 Up to 5,000 45%730% square feet 7 Impervious Surface CoverageSoutholdDeltaLot CoverageSoutholdDelta Lot Size (sq. ft.)AcreMinimumTotalTotal %Lot Size (sq. ft.)AcreMinimumTotalTotal % 1 43,561 1.00 8,7124,388 43,561 1.00 8,712-3,921 43,560 13,100 13,10030% 43,560 4,792 4,79211% 2 43,560 1.00 8,7124,356 43,560 1.00 8,712-4,170 20,000 6,000 13,06830% 20,000 3,600 4,54210% 3 20,000 0.46 4,0002,000 20,000 0.46 4,000-250 15,000 5,250 6,00030% 15,000 3,150 3,75019% 4 15,000 0.34 3,0002,250 15,000 0.34 3,000100 10,000 4,000 5,25035% 10,000 2,500 3,10021% 5 10,000 0.23 2,0002,000 10,000 0.23 2,000500 7,500 3,000 4,00040% 7,500 2,100 2,50025% 6 5,751 0.13 1,1501,325 5,7510.13 1,150530 5,000 2,250 2,47543% 5,000 1,500 1,68029% 7 5,000 0.11 1,0001,250 5,0000.11 1,000500 5,000 2,250 2,25045% 5,000 1,500 1,50030% Lot Size (sq. ft.)Lot Size (sq. ft.) 1 43,56130%10%20%1 43,561 11%4%20% 2 43,56030%30%2 43,560 18%4% 3 20,00035%15%3 20,000 21%12% 4 15,00040%25%4 15,000 25%12% 5 10,00040%40%5 10,000 28%16% 6 5,75145%30%6 5,75130%24% 7 5,00045%7 5,00030% ##### Maximum Coverage Maximum Coverage Permitted for All Structures Permitted for All Buildings Lot Area and Imper- vious Surfaces on on the Lot the Lot More than 1 13,100 square feet (30%), 14,642 square feet (11%), acreplus 10% of lot area in excess plus 4% of lot area in excess of 1 acreof 1 acre 1 20,001 square 6,000 square feet (30%), plus 23,700 square feet (18%), feet to 1 acre30% of lot area in excess of plus 4% of lot area in excess 20,000 square feetof 20,000 square feet 2 15,001 to 5,250 square feet (35%), plus 33,100 square feet (21%), 20,000 square 15% of lot area in excess of plus 12% of lot area in feet15,000 square feetexcess of 15,000 square feet 3 10,001 to 4,000 square feet (40%), plus 42,500 square feet (25%), 15,000 square 25% of lot area in excess of plus 12% of lot area in feet10,000 square feetexcess of 10,000 square feet 4 7,501 to 3,000 square feet (40%), plus 52,100 square feet (28%), 10,000 square 40% of lot area in excess of plus 16% of lot area in feet7,500 square feetexcess of 7,500 square feet 5 5,001 to 7,500 2,250 square feet (45%), plus 61,500 square feet (30%), square feet30% of lot area in excess of plus 24% of lot area in 5,000 square feetexcess of 5,000 square feet 6 Up to 5,000 45%730% square feet 7 Impervious Surface CoverageLot Coverage Lot Size (sq. ft.)AcreMinimumTotalTotal %SoutholdDeltaLot Size (sq. ft.)AcreMinimumTotalTotal %SoutholdDelta 1 43,561 1.00 8,7120 43,5611.00 8,7120 43,560 8,712 8,71220% 43,560 8,712 8,71220% 2 43,560 1.00 8,712-1,178 43,5601.00 8,712-3,770 20,000 4,000 7,53417% 20,000 4,000 4,94211% 3 20,000 0.46 4,0001,250 20,0000.46 4,000-400 15,000 4,500 5,25026% 15,000 3,000 3,60018% 4 15,000 0.34 3,0001,750 15,0000.34 3,000100 10,000 3,500 4,75032% 10,000 2,500 3,10021% 5 10,000 0.23 2,0001,625 10,0000.23 2,000275 7,500 2,625 3,62536% 7,500 1,875 2,27523% 6 7,500 0.17 1,5001,500 7,500 0.17 1,500350 5,000 2,250 3,00040% 5,000 1,250 1,85025% 7 5,000 0.11 1,0001,250 5,000 0.11 1,000250 5000 2,250 2,25045% 5,000 1,250 1,25025% Lot Size (sq. ft.)Lot Size (sq. ft.) 1 43,56120%10%20%1 43,56120%4%20% 2 43,56020%15%2 43,56020%4% 3 20,00030%15%3 20,00020%12% 4 15,00035%25%4 15,00025%12% 5 10,00035%40%5 10,00025%16% 6 7,500 45%30%6 7,500 25%24% 7 5,000 45%7 5,000 25% ##### Delta Vs. ScarsdaleDelta Vs. Scarsdale 1-10%0%19%0% 2-10%-15%22%0% 3-5%0%3-1%0% 4-5%0%40%0% 5-5%0%5-3%0% 60%0%6-5%0% 70%0%7-5%0% Village of Rockville Centre § 340-6Building area and lot coverage; ﬂoor area ra?o. \[1\] \[Amended 3-1-2011 by L.L. No. 5-2011\] A. For lots with an area of 8,000 square feet or more, the principal building area shall not exceed 25%, and the total building area, including accessory buildings, shall not exceed 30%. For lots with an area less than 8,000 square feet, the total building area, including accessory buildings, shall not exceed 30%. The impervious surface area of any lot shall not exceed 40%; provided, however, that sidewalks, swimming pools and entrance pathways that lead to a front door shall not be included in the calcula?on of impervious surface area for the purposes of this sec?on. Notwithstanding the provisions of this subsec?on, impervious surface coverage may exceed 40%, but shall not exceed 45%, where it is established to the reasonable sa?sfac?on of the Superintendent of Buildings that the disposi?on of rainfall and other surface water will comply with standard engineering prac?ces/calcula?ons of water percola?on, or that the property will provide dry wells with suﬃcient capacity to retain and dispose of rainfall and surface water on site.) \[Amended 1-5-2015 by L.L. No. 2-2015\] B. The ﬂoor area ra?o on any lot or premises shall not exceed the following maximum amounts: \[Amended 11-21-2011 by L.L. No. 13-2011\] (1) Lots having an area of 7,200 square feet or less: 50.0% ﬂoor area ra?o; (2) Lots having area more than 7,200 square feet: 42.0% ﬂoor area ra?o. \[1\] Editor's Note: This local law also provided that it take eﬀect upon adop?on and ﬁling; provided, however that the amendments eﬀectuated by it not be applicable with respect to any substan?ally completed building permit applica?on ﬁled with the Village Building Department on or before 3-4-2011, and provided further that such applica?on not therea?er be amended in any manner which would cause the construc?on or development to exceed the parameters or limita?ons enacted by this law to any degree greater than proposed in such applica?on as of 3-4- 2011. § 340-7Building height. \[Amended 3-1-2011 by L.L. No. 5-2011; 6-7-2011 by L.L. No. 10-2011\] No building shall be greater in height than 32 feet. For the main roof area of all dwellings, the slope shall be not less than six ver?cal over 12 horizontal. For gambrel or other main roof proﬁles composed of two or more segments of diﬀering slope, the average slope of all segments shall be no less than six ver?cal over 12 horizontal. The slope ra?o requirement shall not be applicable to dormers, one-story wings on mul?story buildings, or secondary roof area. § 340-8Front yard. No dwelling shall be erected or altered so that the front yard setback shall be less than the average setback distance of the dwellings on the same side of the street within the same block, but need not be more than 30 feet. In no event shall the front yard setback be less than 25 feet. § 340-9Side yards. \[Amended 11-21-1983 by L.L. No. 11-1983; 12-11-1989 by L.L. No. 5-1989; 3-1-2011 by L.L. No. 6-2011; 6-7- 2011 by L.L. No. 10-2011\] A. There shall be two side yards, one on each side of the main building (See table below.): (1) Where the average lot width of a parcel is less than 80 feet, the aggregate widths of the side yards shall be equal to at least 20% of the average lot width, and no side yard shall be less than eight feet wide. (2) Where the average lot width of a parcel is 80 feet or greater, the aggregate widths of the side yards shall be equal to at least 25% of the average lot width, and no side yard shall be less than 10 feet wide. B. No projec?ons shall extend nearer to the lot lines than the limits herein set forth. C. Table: Average Lot Width Aggregate Widths of Side Yards Minimum Width of Side Yard 80 feet and greater 25% 10 feet Less than 80 feet 20% 8 feet D. No projec?ons shall extend nearer to the lot lines than the limits herein set forth. § 340-10Rear yards. A. A rear yard shall be required on every lot. The depth of a rear yard shall be at least 25 feet. \[Amended 3-1-2011 by L.L. 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OPU!JOUFOEFE!UP!NPOVNFOU!UIF!QSPQFSUZ!MJOFT!PS!UP!HVJEF!UIF!FSFDUJPO!PG!GFODFT-!BEEJUJPOBM!TUSVDUVSFT!PS!BOE!PUIFS!JNQSPWFNFOUT/!!FBTFNFOUT BOE0PS!TVCTVSGBDF!TUSVDUVSFT!SFDPSEFE!PS!VOSFDPSEFE!BSF!OPU!HVBSBOUFFE!VOMFTT!QIZTJDBMMZ!FWJEFOU!PO!UIF!QSFNJTFT!BU!UIF!UJNF!PG!TVSWFZ EFTDSJCFE!QSPQFSUZ TVSWFZ!PG; NBSZ!NJOUPO!JSSFWPDBCMF!USVTU< DFSUJGJFE!UP; NBQ!PG; GJMFE; TJUVBUFE!BU; MBVSFM UPXO!PG; TPVUIPME LFOOFUI!N!XPZDIVL!MBOE!TVSWFZJOH-!QMMD Qspgfttjpobm!Mboe!Tvswfzjoh!boe!Eftjho TVGGPML!DPVOUZ-!OFX!ZPSL Q/P/!Cpy!264!Brvfcphvf-!Ofx!Zpsl!22:42 QIPOF!!742!3:9.2699!!!!GBY!!742!!3:9.2699 GJMF!$ EBUF; TDBMF; 2:.45BQSJM!23-!312: 2#>31( nbjoubjojoh!uif!sfdpset!pg!Spcfsu!K/!Ifoofttz!'!Lfoofui!N/!Xpzdivl O/Z/T/!MJTD/!OP/!161993 6/4/25, 1:14 PM Village of Scarsdale, NY Lot Area Coverage Village of Scarsdale, NY Wednesday, June 4, 2025 Chapter 310. Zoning Article IV. Lot Area Coverage [Added 4-9-1985 by L.L. No. 7-1985] 310-2 . Findings and purpose. Excessive coverage of lots with structures and impervious surfaces can limit adequate light and air; cause overcrowding of land; lead to drainage and flooding problems as a result of reduction in the land's water absorption ability; affect the character of the community; and have an adverse impact on neighborhood aesthetics. The following lot area coverage restrictions are designed to limit the above adverse effects in Residence A Districts and to promote the health, safety and the general welfare of the community. § 310-21 . Definitions. [Amended 1-10-2023 by L.L. No. 1-2023] The words and phrases indicated below have the following meanings when used in this article: BUILDING Defined in § 310-2. IMPERVIOUS SURFACES [Amended 7-9-2024 by L.L. No. 7-2024] A. Man-made or -assembled surfaces which block the absorption of water by the ground and have a runoff curve number pursuant to the United States Department of Agriculture, Soil Conservation Service, Engineering Division standards as stated in Technical Release No. 55, as follows: Soil Class Runoff Curve Number Class A 77 and greater Class B 86 and greater Class C 90 and greater Class D 92 and greater B. Impervious surfaces include paved driveways, paved patios, porous asphalt, gravel, and other such facilities. LOT AREA COVERAGE The percentage of the area of a lot, as defined in § 310-14, which may be covered by structures, buildings and impervious surfaces. STRUCTURE https://ecode360.com/print/SCO993?guid=6440070 1/3 6/4/25, 1:14 PM Village of Scarsdale, NY Lot Area Coverage Defined in § 310-2 of this chapter, and such definition includes underground structures, swimming pools, tennis courts and other such facilities. 310-22. Permitted coverages. [Amended 3-14-1989 by L.L. No. 6-1989; 3-12-1991 by L.L. No. 1-1991I'll The permitted coverage ratios for residential uses in any Residence A Districts shall be as follows: Maximum Coverage Permitted for All Structures and Maximum Coverage Permitted for All Buildings on the Lot Area Imper-vious Surfaces on the Lot Lot More than 1 acre 13,100 square feet,plus 10%of lot area in excess of 1 acre 4,642 square feet,plus 4%of lot area in excess of 1 acre 20,001 square feet 6,000 square feet,plus 30%of lot area in excess of 20,000 3,700 square feet,plus 4%of lot area in excess of 20,000 to 1 acre square feet square feet 15,001 to 20,000 5,250 square feet,plus 15%of lot area in excess of 15,000 3,100 square feet,plus 12%of lot area in excess of 15,000 square feet square feet square feet 10,001 to 15,000 4,000 square feet,plus 25%of lot area in excess of 10,000 2,500 square feet,plus 12%of lot area in excess of 10,000 square feet square feet square feet 7,501 to 10,000 3,000 square feet,plus 40%of lot area in excess of 7,500 2,100 square feet,plus 16%of lot area in excess of 7,500 square feet square feet square feet 5,001 to 7,500 2,250 square feet,plus 30%of lot area in excess of 5,000 1,500 square feet,plus 24%of lot area in excess of 5,000 square feet square feet square feet Up to 5,000 square 45% 30% feet [1] Editor's Note: Section 14 of this local law provided as follows: "This local law shall not prevent the issuance of a permit for any new building, building addition or alteration in compliance with the laws in effect prior to the effective date hereof for which a complete application was submitted prior to such date."(This local law became effective April 4, 1991.) § 310-23. Permitted coverages in freshwater wetlands and freshwater wetlands controlled areas. [Amended 3-14-1989 by L.L. No. 6-1989; 3-12-1991 by L.L. No. 1-1991 1t]; 2-28-2012 by L.L. No. 2- 20121 On any lot in a freshwater wetlands controlled area, as defined in Chapter 171, Freshwater Wetlands, of the Code of the Village of Scarsdale, the maximum coverage ratio permitted for residential purposes in any Residence A Districts shall be as follows: Maximum Coverage Permitted for All Structures and Impervious Surfaces on Lot Area the Lot More than 1 acre 8,750 square feet, plus 6.7%of lot area in excess of 43,560 square feet 20,001 square feet to 1 acre 4,000 square feet, plus 20%of lot area in excess of 20,000 square feet 15,001 to 20,000 square feet 3,500 square feet, plus 10%of lot area in excess of 15,000 square feet 10,001 to 15,000 square feet 2,670 square feet, plus 16.7%of lot area in excess of 10,000 square feet 7,501 to 10,000 square feet 2,250 square feet, plus 16.7%of lot area in excess of 7,500 square feet 5,001 to 7,500 square feet 30% Up to 5,000 square feet 30% [1] Editor's Note: Section 14 of this local law provided as follows: https://ecode360.com/print/SC0993?guid=6440070 2/3 6/4/25, 1:14 PM Village of Scarsdale, NY Lot Area Coverage "This local law shall not prevent the issuance of a permit for any new building, building addition or alteration in compliance with the laws in effect prior to the effective date hereof for which a complete application was submitted prior to such date."(This local law became effective April 4, 1991.) 310-23.1 . Required open space in Residence A districts. [Added 7-9-2024 by L.L. No. 7-2024] Subject to the exceptions specified in § 310-67 of this Code, any lot located in a residence district shall have a minimum percentage of required open space, as defined in § 310-2 of this Code, as follows: Zoning District Required Open Space A-5: 5,000 sf min. 30% A-4: 7,500 sf min. 35% A-3: 10,000 sf min. 40% A-2a: 15,000 sf min. 45% A-2: 20,000 sf min. 50% A-1:1 acre 55% AA-1:2 acres 65% https://ecode360.com/print/SC0993?guid=6440070 3/3 East Hampton deﬁni?ons Please see bolded sec?ons below. Note a?ached garages are excluded from GFA, but there’s an explicit requirement a garage cannot be used as a bedroom per 255-11-67Addi?onal regula?ons. A(1)4. Basements are not a “story” so long as they are 4 ?. below adjacent natural or exterior grade. Non-Conforming Lots < 40,000 (R-40 Southold equivalent) beneﬁt from Front, Rear and Side Yard Setback Relief, which is a very reasonable approach. Gravel and stone are considered pervious. COVERAGE, TOTAL That percentage of lot area covered by the ground ﬂoor area of all buildings sited thereon and by all other structures, including parking areas, driveways and all impermeable surfaces. See "building coverage (or lot coverage)"; also see "structure." PERVIOUS DRIVEWAY OR WALKWAY A driveway or walkway composed of cinders, gravel, stone, shells, chips or similar material, with or without a marl base, which is at least par?ally permeable to rainwater and snowmelt. BASEMENT, RESIDENTIAL That space of a building which is partly or completely below natural or adjacent exterior grade. Any por?on of a basement shall be considered a story if any pilings, pier, or other founda?on causes a building to be elevated more than four feet above adjacent natural or adjacent exterior grade. FLOOR The top surface of the con?nuous, weight-bearing construc?on within a structure or building upon which persons or objects stand, e.g., the top of the slab in concrete slab construc?on or the top of the wood ﬂooring in wood frame construc?on. A "ﬂoor" may be found at each level or story of a building or structure including the basement or cellar. FLOOR AREA, GROSS A. For all buildings, the gross ﬂoor area shall be the cumula?ve area, in square feet, of every story of the building, measured to the exterior face of the frame or masonry wall, but excluding basements, a?cs, or spaces with ceilings of less than ﬁve feet. Stairwells and interior spaces with a ﬂoor-to-ceiling height in excess of 15 feet shall \[5\] be counted twice. B. For all other structures, including porches and roofed pa?os a?ached to any building, the gross ﬂoor area shall be the horizontal area of the structure, in square feet, measured to its outermost extent. (1) For principal structures, open-air appendages such as porches and roofed pa?os a?ached thereto shall not be included in the gross ﬂoor area calcula?on for such principal structure. (2) For accessory structures, open-air appendages such as porches and roofed pa?os a?ached thereto shall be included in the gross ﬂoor area calcula?on for such accessory structure. C. When one or more accessory structures are less than 10 feet from another accessory structure, the total aggregate square footage of the accessory buildings is the gross ﬂoor area for the purposes of limita?ons under § 255-11-23. D. When one or more private garage is a?ached to a principal structure, the total square footage of the private garage in excess of 600 square feet shall be included in the gross ﬂoor area calcula?on of the principal structure. FLOOR AREA, HABITABLE OR LIVABLE The area, in square feet, of all ﬂoor levels of any dwelling unit, measured from the inside of all walls. In calcula?ng this ﬁgure, all porches, pa?os, garages, breezeways, terraces and other a?ached and detached accessory buildings or structures shall be excluded. FLOOR, LOWEST The ﬂoor found at the lowest eleva?on or level within a building (including a basement or cellar). An unﬁnished space beneath the ﬁrst story of a building, with or without a ﬂood-resistant enclosure, usable solely for parking of vehicles, building access or unprotected storage, shall not be deemed to be the building's "lowest ﬂoor," provided that any ﬂood-resistant enclosure of such space is built in accordance with the requirements of the Flood Hazard Overlay District (other than the requirements pertaining to ﬂoor eleva?on). 255-1-42Nonconforming buildings and structures. \[Added 11-15-1995 by L.L. No. 19-1996; amended 4-13-2007 by L.L. No. 14-2007\] The following provisions shall apply to and govern all nonconforming buildings and structures, as the same are deﬁned herein, wherever located. A. Expansion of nonconforming structures generally. A nonconforming building or structure lawfully exis?ng on any lot, or a building or structure which lawfully exists on a nonconforming lot, may be enlarged, reconstructed, altered, restored, or repaired, in whole or part, provided that the "degree of nonconformity" is not thereby increased. For the purposes of this subsec?on, an increase in the "degree of nonconformity" shall include an increase in the amount of a nonconforming building's or structure's gross ﬂoor area which is located within a required setback area, or an increase in any por?on of a building or structure located above the maximum height permi?ed or within the required pyramid law setback. B. Rule governing nonconforming uses. The provisions of this sec?on do not apply to a building or structure which is used for a nonconforming use. The enlargement, reconstruc?on, altera?on, restora?on, or repair of a building or structure used by a nonconforming use shall be governed by the provisions of § 255-1-40 hereof. C. Limita?ons on reconstruc?on. Reconstruc?on of a legally preexis?ng nonconforming building or structure shall be limited as follows: (1) Reconstruc?on of a nonconforming building or structure shall require the issuance of a natural resources special permit if such is mandated by § 255-4-20 and § 255-4-21 hereof. (2) Reconstruc?on of a nonconforming building or structure shall require a bluﬀ line or dune crest setback variance if such is mandated by § 255-4-40 hereof unless such reconstruc?on is required as a result of accidental cause, including ﬁre. "Accidental cause" shall not include ﬂooding or erosion. § 255-1-43Nonconforming lots. \[Amended 3-15-1991 by L.L. No. 4-1991; 11-15-1996 by L.L. No. 19-1996\] The following provisions shall apply to and govern all nonconforming lots, as the same are deﬁned herein, wherever located: A. Proof of preexis?ng single and separate ownership. A nonconforming lot may be used and a building or structure may be erected thereon for use in accordance with all other applicable provisions of this chapter, the Town Code and other laws, rules and regula?ons if proof that the lot has been held in con?nuous single and separate ownership since before the date on which it became nonconforming is submi?ed to the Building Inspector. The Building Inspector may require an abstract of ?tle to said lot, which abstract shall be in the usual form, shall be cer?ﬁed by an a?orney or ?tle company regularly doing such work in Suﬀolk County and shall contain a cer?ﬁca?on that, since the eﬀec?ve date of this chapter or the amendment thereto which renders the lot nonconforming, no con?guous property was ever owned by an owner of the subject lot. B. Merger of nonconforming lots. If at any ?me a nonconforming lot shall be held in the same ownership as one or more adjoining parcels, the lot shall lose its status as a nonconforming lot, except to the extent that the lot created by the merger of the adjoining parcels remains nonconforming with respect to one or more dimensional regula?ons of the district in which it is situated. No such merger shall occur, however, in the following cases: \[Amended 8-5-2005 by L.L. No. 24-2005\]  (1) Merger by death. No merger shall herea?er result under this chapter where the ownership of a nonconforming lot becomes the same as the ownership of an adjoining parcel through the death of an individual owner of one of the parcels.  (2) Improved nonconforming parcels. No merger shall herea?er result under this chapter where adjacent nonconforming lots that are both improved with single family residences are held in the same ownership. C. Town Trustee roads. Certain parcels within the Town may be traversed or bisected by ancient Town Trustee roads, streets or highways (herea?er, "Trustee roads") whose preexistence has not become generally known or recognized un?l rela?vely recently. Notwithstanding the provisions of Subsec?on A hereof, therefore, in cases where a Trustee road separates a parcel of land into one or more lots and where the preexistence of the Trustee road has been claimed, proved, or acknowledged (e.g., by Trustee acceptance of a deed to the road) only since the enactment of this chapter, no nonconforming lot which results from the preexistence of the Trustee road may be used for a principal building (e.g., a single-family residence) or have such a building erected thereon. This provision shall not prevent the owner of any such lot from separately conveying the same; but no such conveyance shall en?tle any transferee of the lot to erect a principal building thereon. In the event that both or all of the parcels separated by a Trustee road hereunder are nonconforming lots, the owner or owners of the lots or parcels may elect to use one such lot and no other for the erec?on or construc?on of a principal building. D. Yard setback relief. For any lawfully exis?ng single and separate nonconforming lot and solely for the purpose of si?ng thereon one principal building and any lawful accessory structures, except swimming pools and tennis courts, the required side and rear yards shall be reduced as set forth below. This setback relief shall apply automa?cally but is subject to any greater setbacks which may be required for swimming pools, swimming pool decks, slabs, pa?os or equipment and tennis courts, and is also subject to the pyramid law restric?ons of § 255-11- 72D hereof.  (1) Lack of width (four-tenths rule). In the case of a lot nonconforming as to lot width, the required side yards shall each be reduced to no less than 4/10 ?mes 4/10 or 0.16 of the lot width.  (2) Lack of depth (two-tenths rule). In the case of any nonconforming lot as described above, the required rear yard shall be the lesser of the rear yard required by § 255-11-10 for the district in which the lot is situated or a distance equal to 2/10 of the depth of the lot, measured by a line drawn perpendicular to the street line. 255-11-68Termina?on of certain nonconforming uses in single-family residences. Notwithstanding any other provision of this chapter, no later than six months a?er the eﬀec?ve date of this sec?on, any exis?ng use of or in a single-family residence, which use is iden?ﬁed as a prohibited use in § 255-11- 64A through G hereof, shall be discon?nued and terminated, and such use shall not therea?er be further con?nued or resumed.