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ARTICLE I
ARTICLE II
ARTICLE V
ARTICLE VI
ARTICLE VII
ARTICLE VIII
ARTICLE IX
ARTICLE X
ARTICLE XI
ARTICLE XII
ARTICLE XIII
ARTICLE XIV
ARTICLE XV
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TABLE OF CONTENTS
Purposes
Paqe
1
3
6
.24
. 27
. 34
.40
.48
. 51
. 57
. 58
. 59
. 60
. . . . . . . . . . . . . . . .
Zoning Ordinance and Zoning Map
Supplementary Regulations . . . . .
Non-Conforming Uses and Non-Conforming Buildings
Enforcement
Board of Appeals.
Planning Board
Amendments . .
Definitions . .
Interpreta tion .
Separa bili ty. . .
Repeal of Prior Zoning Ordinances
Effective Date , . . . . . . . . . . . .
PROPOSED
"
ZONING ORDINANCE OF
THE TOWN OF SOUTHOLD, NEW YORK
RESOLVED, that the Town Board of the Town of Southold, pursuant to the authority conferred
by Article 16-A of the Town Law of the State of New York, hereby ordains and enacts as
follows:
AN ORDINANCE regulating and restricting the location, height, bulk, and size of building s
and other structures, the percentage of lot which may be occupied, the size of yards,
courts, and other open spaces, the density and distribution of population, the location and
uses of buildings and structures and the uses of land for trade, industry, residence, and
other purposes; establishing a Board of Appeals with power to determine and vary the appli-
cation of the regulations hereby established in harmony with their general purpose and
intent; providing for the enforcement of provisions herein and imposing penalties for their
violation; all for the purpose of promoting the health; safety, and general welfare of the
inhabitants of the Town of Southold in accordance with a comprehensive plan.
This ordinance shall be known and may be cited by the short form title of the "Zoning
Ordinance of the Town of Southold, New York" .
.
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ARTICLE I
Purposes
Section 1.1 Purposes. There is hereby established a new comprehensive zoning plan for
the Town of Southold, which plan is set forth in the text and map that constitute this ordi-
nance. Said plan is adopted for the purposes set forth in Article 16 Section 261 and 281 of
the Town Law which, in the interest of the protection and promotion of the public health.
safety and welfare. shall be deemed to specifically include the following. among others:
1.1.1
1.1.2
1.1.3
1.1.4
1.1.5
1.1.6
1.1.7
1.1.8
..
The facilitation of the efficient and adequate provision of public facilities and
services;
To assure adequate sites for residence, industry and commerce;
The provision of privacy for families;
The prevention and reduction of traffic congestion, so as to promote efficient and
safe circulation of vehicles and pedestrians;
The maximum protection of residential areas;
The gradual elimination of non-conforming uses;
The enhancement of the appearance of the Town of Southold as a whole; and
The encouragement of flexibility in the design and development of land in such a
way as to promote the most appropriate use of lands to facilitate the adequate
and economical provision of streets and utilities, and to preserve the natural and
scenic qualities of open lands.
.
.
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ARTICLE II
Zoning Ordinance and Zoning Map
.
Section 2.1 List of Districts. The Town of Southold 1S hereby divided into the classes of
districts listed below:
(To Be Inserted Later)
Section 2 < 2 Zoning Map. The boundaries of the said districts are hereby established as
shown on the "Zoning Map, Town of Southold", dated which accompanies,
and which, with all explanatory matter thereon, is hereby adopted and made a part of this
ordinance < A copy of said map, indicating the latest amendments, shall be kept up to date
in the offices of the Building Inspector for the use and benefit of the public.
Section 2.3 District Boundaries. In determining the boundaries of districts shown on the
map, the following rules shall apply;
2.3.1
Where district boundaries are indicated as approximately following the center lines
of streets, highways, waterways or railroad rights-of-way or such lines extended,
such center lines shall be construed to be such boundaries <
2.3.2
Where such boundaries are indicated as approximately following the property lines
of parks or other publicly owned lands. such lines shall be construed to be such
boundaries.
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2.3.3
Unless otherwise shown, all district boundaries running parallel to streets shall
be construed to be 200 feet back from the rights-of-way of said streets.
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2.3.4
2.3.5
2.3.6
In all cases where a district boundary divides a lot in one ownership and more
than 50% of the area of such lot lies in the less restricted district, the regulations
prescribed by this ordinance for the less restricted district shall apply to such
portion of the more restricted portion of said lot which lies within 30 feet of such
district boundary. For purposes of this section, the more restricted districtsha 11
be deemed that district subject to regulations which: prohibit the use intended to
be made of said lot; or require higher sta ndards with respect to coverage, yards,
screening, landscaping and similar requirements.
.
In all cases where a district boundary line is located not farther than 15 feet
away from a lot line of record, such boundary line shall be construed to coincide
with such lot line.
In all other cases where dimensions are not shown on the map, the location of
boundaries shown on the map shall be determined by the use of the scale appearing
thereon.
Section 2.4 Effect of Establishment of Districts. Following the effective date of this
ordi na nce .
2.4.1
2.4.2
2.4.3
No building shall be erected, moved, altered, rebuilt or enlarged nor shall any
land or building be used, designed or arranged to be used for any purpose or in
any manner except in conformity with all regulations, requirements, and restrictions
specified in this ordinance for the district in which such building or land is located.
No yard or open space required in connection with any building or use shall be
considered as providing a required open space for any other building on the same
or a ny other lot.
No lot shall be formed from part of a lot already occupied by a building unless
such building, all yards and open spaces connected therewith, and the remaining
lot comply with all requirements prescribed by this ordinance for the district in
which said lot is located. No building permit shall be issued for the erection of
a building on any new lot thus created unless such building and lot comply with
all the provisions of this ordina nce.
.
.
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2.4,4
.
2.4.5
r
Nothing contained in this ordinance shall require any change in the plans, con-
struction, or designated use of a building complying with the Zoning Ordinance
in force prior to this ordinance, if the following is found to exist:
2.4.4.1 A building permit shall have been duly issued and construction shall
have been started before , the date of first
publication of notice of the public hearing on this ordinance;
2.4.4.2 The ground story framework (including the second tier of beams) shall
have been completed within six months of the date of the building
permit; and
2.4.4.3 The entire building shall have been completed in accordance with such
plans as have been filed with the Building Inspector within one year
from the effective date of this ordinance.
Any use not permitted by this ordinance shall be deemed to be prohibited. Any
list of prohibited uses contained in any section of this ordinance, shall not be
deemed to be an exhaustive list but has been included for the purposes of clarity
and empha sis, and to illustrate, by example, some of the uses frequently pro-
posed that are deemed undesirable and incompatible and are thus prohibited.
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ARTICLE V
Supplementary Requlations
Section 5.1 Supplementary Requlations Applyinq to All Residence Districts
.
5.1.1
Accessory Buildinqs
5.1.1.1 An accessory building may be located in any required side or
rear yard provided:
(a) Such building shall not exceed 15 feet in height.
(b) Such buildings shall be set back 5 feet from any lot line
and shall not be located less than 10 feet from the
principal building.
(c) All such buildings in the aggregate shall not occupy more
than 30% of the area of the required rear or side yard.
5 1.1.2 Accessory buildings constructed at the same time may be
located in pairs or groups in the required rear or side yard
along the common side lot line or rear lot line of contiguous
lots.
5.1.1.3 An accessory building on that portion of a lot not included in
any required yard shall conform with the height regulations
for principal buildings.
5.1.1.4 No accessory building shall project nearer to the street on
which the principal building fronts than such principal
building. Should topographic conditions be such that practical
difficulties would be caused by this requirement with respect to
the location of garages, the Planning Board may authorize the
erection of such garages under the following conditions:
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.
5.1. 2
5.1. 3
5.1. 4
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(a) If the natural slope is from 10% to 20% within 25 feet of the
street line, the Board may permit a garage not closer than 10
feet of the street line; and
(b) Where such slope exceeds 20% a garage may be permitted. not
closer than 5 feet of the street line.
Corner Lots
5.1.2.1 Obstruction to Vision at Street Intersections. At all street inter-
sections in all Residence Districts, no obstructions to vision ex-
ceeding 30 inches in height above curb level shiilll be erected or
maintained on any lot within the triangle formed by the street lines
of such lot and a line drawn between points along such street lines
30 feet distant from their point of intersection.
5.1.2.2 Rear and Side Yards. On a corner lot, front yards are required on
both street frontages, and one yard other than the front yards shall
be deemed to be a rear yard and the other or others, side yards.
Exceptions to .Lot Depth Requirements. The required lot depth at any point may
be decreased by 25% if the average lot depth conforms with the minimum require-
ment.
Exceptions to Yard Requirements
5.1.4.1 Permitted Obstructions. Cornices or cantilevered roofs may project
not more than three feet into a required yard. Belt courses, window
sills and other ornamental features may project not more than 6 inches
into a required yard. Fences or waHs not over 6 1/2 feet in height
may be erected anywhere on the lot, except as set forth in Section
5.1.2.1. Fences or walls with a height in exces s of 6 1/2 feet shall
conform to the requirements set forth herein for buildings. Paved
areas (other than such as are needed for access to the buildings on
the lot) shall not project within 15 feet of a street line or four feet
of a lot line.
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5.1. 5
5.1.4.2 Entries and.~orticos. A roofed-over but unenclosed projecUon in
the nature of an entry or portico, not more than eight feet wide and
extending not more than six feet out from the front wall of the build-
ing shall be exempt from front yard requirements when the building
ot)1erwise complies with all other yard restrictions of this ordinance.
.
5.1.4.3 Existinq Set-Back. No proposed one or two family dwelling need
have a set-back greater than the average set-back of the two
existing dwellings with the greatest set-backs within 200 feet on
each side of the said proposed dwelling, on the same side of the
street, within the same block, and the same district.
5.1.4.4 Front Yards on Narrow Streets. On streets with less than a 50 foot
right-of-way, the front yard set-back shall be measured from the
center line of the existing street, and 25 feet shall be added to the
front yard set-back.
Existinq Small Lots. A lot owned individually and separately, and separated
in ownership from any adjoining tracts of land on the effective date of this
ordinance, which has a total lot area or lot width less than prescribed in
this ordinance, may be used for a one-family residence provided such lot
shall be developed in conformity with all applicable district regulations
other than the minimum lot area, lot width and side yards. Existing small
lots meeting the above stipulations shall comply with the following:
For One-Family
Residences
For Lots in Width:
(in feet)
Greater than Less than
Total Both
Side Yards
(in feet)
Minimum
Side Yard
(in feet)
(To Be Inserted Later)
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5,1.6
.
Uniformity of Desiqn, In order to avoid monotony of architectural design, no
building permit shall/be issued for the erection of a home located within an
approved Major Subdivision Plat if it is substantially like any neighboring
building which is existing or for which a building permit has been issued or
is being concurrently considered,
5, I, 6, I A building shall be considered neighboring if it fronts on the same
street as the building being considered and which is the first or
second house along the street in either direction or which faces
the building site being considered from across the street,
5,1,6,2 In considering those items listed in Section 5,1,6,3, buildings
shall be considered substantially alike in any dimension for which
they differ by less than two (2) feet except twenty (20) feet for set-
back differences, Buildings between which the only difference in
relati ve location of elements is end to end or side to side reversal
of elements shall be deemed to be alike in related location of such
elements,
5,1,6,3 Buildings shall be considered substantially like unless they differ in
at lea st three of the follOwing respects or dimensions:
(a) Set-back from the street,
(b) Relation of a garage vi sible from the street to the main structure,
(c) Length of the main roof ridge,
(d) Height of the roof ridge above the first floor elevation,
(e) Width, mea sured perpendicular to main roof ridge, if the building
has a gable extending from the main roof visible from the street,
(f) Relationship to each other of either windows, doors, chimney,
or any porch in the front elevation,
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5.1.6.4 The Planning Board may wai ve or vary any requirement of this section
where the layout of the neighborhood, road pattern, topography,
observation of natural features views and the siting of individual
structures is such to avoid monotony of appearance despite similar-
i tyof buildings.
Section 5.2 Supplementary Requlations Applyinq to Non-Residential Buildinqs
.
5.2.1
5.2.2
5.2.3
Heiqht Requlations
5.2.1.1 Where a lot has frontage on two or more streets or other public
rights-of-way, the height limitation shall apply only as measured
from the curb level along the street or way with a higher elevation
above sea level.
5.2.1.2 Structures such as chimneys, flues, towers, and spires shall be
exempt from height limitations provided they occupy not more than
20% of the roof area.
Waiver of Yards. No side yard or rear yard shall be required where such yard
abuts an operating railroad right-of-way.
Courts. The minimum dimension of an inner court shall not be less than twice
the height of all surrounding walls. However, in no case shall an inner court
have a dimension of less than 30 feet. (The height of walls surrounding an
inner court shall be measured from finished grade at the base thereof, to the
top of such wall, except that, in the ca se of roofs with a slope exceeding 5
inches vertical to 12 inches horizontal, the height shall be measured to the
mean point between the top of the said wall and the highest point of the rooL)
The minimum dimension of an outer court shall be 20 feet, and its depth shall
not exceed its width.
Section 5.3 Supplementary Siqn Requlations in All Districts
5.3.1
No sign, billboard, advertising display or structure, poster or device shall be
erected, moved, enlarged or reconstructed except as expressly permitted in
thi s ordinance.
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5.3.2
The following types of signs or artificial lighting are prohibited:
5.3.2.1 Billboards.
5.3.2.2 Flashing signs, including any sign or device on which the artificial
light is not maintained stationary, and constant in intensity and
color, at all times when in use.
5.3.2.3 Signs which compete for attention with, or may be mi staken for, a
traffic signal.
5.3.2.4 The outlining by direct illumination of all or any part of a building
such a s a gable, roof, side, wall or corner.
5.3.2.5 Signs made of cardboard, paper, canva s or similar impermanent
material.
Section 5.4 Supplementary Parkinq and Loadinq Requlations in All Di stricts
5.4.1
Off-Street Parkinq Requirements. Off-street parking spaces open or enclosed,
are permitted accessory to any use subject to the following provisions:
5.4.1.1 Schedule of Parkinq Requirements. Accessory off-street parking
spaces, open or enclosed, shall be provided for any use as speci-
fied below. Any land which is developed as a unit under single
ownership and control shall be considered a single lot for the pur-
pose of these parking regulations. Reasonable and appropriate
off-street parking requirements for structures and uses which do
not fall within the categories listed above shall be determined
by the Planning Board upon consideration of all factors entering
into the parking needs of each such use.
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For:
Places of worship, libraries,
and other public buildings
Golf courses and other
country clubs
Secondary Schools
Elementary Schools
Hospitals , sanitaria, nursing
homes, philanthropic, or elee-
mosynary institutions
Rooming houses
Eating and drinking places
Undertakers and Funeral Homes
Hotels and Motels
Bowling Alleys
Home occupation or accessory
professional office except
physicians and denti sts
Professional offices of
physicians and dentists
At Least One Parkinq Space for Each:
200 square feet of floor area, but not less than
one space for each five seats where provided.
2 members or 2 accommodations (such as
lockers) whichever is greater;
.
Four spaces per cia ssroom plus one space for
each 5 seats in any auditorium or place of
assembly.
Two spaces per classroom plus one space for
each five seats in any auditorium or other
place of assembly.
3 beds.
Guest room.
5 seats.
2 employees; plus 5 spaces for each chapel.
Guest room plus one for each employee.
1/5 alley.
3 spaces per each home occupation or accessory
profes sional office.
5 spaces per each physician or dentist.
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5.4.1.2 Areas Computed as Parkinq Spaces. Areas which may be computed
as open or enclosed off-street parking spaces include any private
garage, carport, or other area available for parking, other than a
street or a driveway. However, a driveway within a required front
yard for a one family or two family residence may count as one
parking space, other than on a corner lot a s provided in Section
5.1.2.1.
5.4.1.3 Size of Spaces. Three hundred square feet shall be considered one
parking space (to provide room for standing area and aisles for man-
euvering). Entrance and exit lanes shall not be computed as parking
space except for driveways for one-family and two-family residences
as set forth in Section 5.4.1.2. Minimum parking stall width shall
be ten feet, minimum length shall be 20 feet.
5.4.1. 4 Access. Unobstructed access to and from a street shall be provided.
Such access shall consist of at least one la-foot lane for parking
areas with less than 20 spaces, and at least two la-foot lanes for
parking areas with 20 spaces or more. No entrance or exit for any
off-street parking area shall be located within 50 feet of any street
intersection.
5.4.1. 5 Drainaqe and Surfacinq. All open parking areas shall be properly
drained and all such dreas shall be provided with a dustless surface,
except for parking spaces accessory to a one family or two family
residence.
5.4.1.6 Toint Facilities. Required parking spaces, open or enclosed, may be
provided in spaces designed to serve jointly two or more establish-
ments whether or not located on the same lot, provided that the number
of required spaces in such joint facilities shall be not less than the
total required for all such establishments.
5.4.1.7 Combined Spaces. When any lot contains two or more uses having
different parking requirements, the parking requirements for each use
shall apply to the extent of that use. Where it can be conclusively
demonstrated that one or more such uses will be generating a demand
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5.4.2
for parking spaces primarily during periods when the other use or
uses is not or are not in operation, the Planning Board may reduce
the total parking spaces required for that use with the least require-
ment.
5.4.1.8 Location and Ownership. Required accessory parking spaces, open
orericlosed, shall be provided upon the same lot as the use to which
they are accessory or elsewhere, provided all spaces therein are
located within 200 feet walking distance of such lot. In all cases
such parking spaces shall conform to all the regulations of the dis-
trict in which the parking spaces are located; and in no event shall
such parking spaces be located in any Residence District unless the
use to which the spaces are accessory are permitted in such resi-
dence districts or upon approval by the Planning Board. Such spaces
shall be in the same ownership as the use to which they are accessory
and shall be subject to deed restriction, approved by the Planning
Board, binding the owner and his heirs and assigns to maintain the
required number of spaces available either (a) throughout the existence
of such use to which they are accessory, or (b) until such spaces
are provided elsewhere.
5.4.1.9 On Lots Divided bv District Boundaries. When a parking lot is lo-
cated partly in one district and partly in another district, the regu-
lations for the district requiring the greater number of parking spaces
shall apply to all of the lot. Parking spaces on such a lot may be
located without regard to district lines, provided that no such parking
spaces shall be located in any Residence District, unless the use to
which they are accessory is permitted in such district, or upon
approval of the Planning Board.
Off-Street Loadinq Requirements. Off- street loading, berths, open or enclosed,
are permitted accessory to any use (except one or two family residences)
subject to the following provisions.
5.4.2.1 Uses for Which Required. Accessory off-street loading berths shall be
provided for any use specified below. Any land which is developed as
a unit under single ownership and control shall be considered a single
lot for the purpose of these loading requirements.
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(a) For a public library, museum, or similar quaSi-public institution,
or governmental building, community center, hospital or sanitar-
ium, nursing or convalescent home, institution for children or
the aged, or school, with floor area of 10,000 square feet, 1
berth; for each additional 25,000 square feet or fraction there-
of. 1 additiona 1 berth.
(b) For buildings with professional, governmental, or business
offices, or laboratory establishments, with floor area of 10,000
to 25,000 square feet, 1 berth; for each additional 25,000 square
feet or fraction thereof up to 100,000 square feet, 1 additional
berth; for each additional 50,000 square feet or fraction thereof,
1 additional berth.
(c) For buildings with offices and retail sales and service establish-
ments, 1 berth for 8,000 to 25,000 square feet of floor area,
and 1 additional berth for each additional 25,000 square feet
of floor area or fra ction thereof so used.
(d) For undertakers and funeral homes, 1 berth for each chapel.
(Such berths shall be at least 10 feet wide, 20 feet long, and
14 feet high.)
(e) For hotels, 1 berth for each 25,000 square feet of floor area.
(f) For manufacturing, wholesale and storage uses, and for dry-
cleaning and rug cleaning establishments and laundries, 1 berth
for 5,000 to 10,000 square feet of floor area in such use, and
1 additional berth for each additional 20,000 square feet of
floor area or fraction thereof so used.
5.4.2.2 Size of Spaces. Each required loading berth shall be at least 12
feet wide, 33 feet long, and 14 feet high.
5.4.2.3 Location and Access. Unobstructed access, at least 10 feet wide,
to and from a street shall be provided. Such access may be com-
bined with access to a parking lot. All permitted or required loading
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5.4.3
5.4.4
berths shall be on the same lot as the use to which they are
accessory, except as provided in Section 5.4.2.4. No entrance or
exit for any off-street parking area shall be located within 50 feet
of any street intersection. No off-street loading berth shall be
located in any front yard.
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5.4.2.4 Toint Facilities. Permitted or required loading berths, open or
enclosed, may be provided in spaces de signed to serve jointly 2 or
more adjacent establishments provided that the number of required
berths in such joint facilities shall not be less than the total
required for all such requirements.
5.4.2.5 On Lots Divided by District Boundaries
When a lot is located partly in one district and partly
in another district, the regulations for the district requiring the
greater number of loading berths shall apply to all of the lot. Load-
ing berths on such a lot may not be located in any Residence District,
unless the use to which they are accessory is permitted in such dis-
trict, or upon approval by the Planning Board.
ParkinG ReGulations in Multiple DwellinG or Attached DwellinG Developments.
Wherever space is provided for the parking of 5 or more vehicles in the open,
such spaces shall be individually identified by means of pavement markings.
No parking space shall be located in any front yard or within 10 feet of any
lot line in side or rear yards. The parking of motor vehicles is prohibited
within 15 feet of any wall or portion thereof of a two or more family dwelling,
which wall contains windows (other than bathroom or kitchen windows) with
a sill height of less than 8 feet above the level of the said parking space.
No service of any kind shall be permitted to be extended to users of the lot,
including automobile service, repair or fueling, and no gasoline, oil, grease
or other supplies shall be stored or sold in any such lot or in any garage on
such lot. Parking areas shall be screened by a substantial wall, fence, or
thick hedge, approved by the Planning Board. Generally such screening shall
not be less than 3 or more than 8 feet in height.
ReGulations for ParkinG Spaces Adiacent to Lots in Any Residence District
5.4.4.1 Wherever a parking area of over 5 spaces abuts or is within 15 feet
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5.4.5
5.4.6
of the side or rear lot line of a lot in any Residence District, the said
parking lot shall be screened from such adjoining lot by a substantial
wall, fence, or thick hedge, approved by the Planning Board. Gener-
ally such screen shall be not less than 3 or more than 8 feet in height.
5.4.4.2 Whenever a parking area of over 5 spaces is located across the
street from other land in any Re sidence Di strict, it shall be screened
{rom the view of such land by a thick hedge, wall, or fence approved
by tl1e Planning Board, located along a line drawn parallel to the
street and a distance of 20 feet therefrom; such screening to be
interrupted only at points of ingress and egress. Generally no such
screening shall be less than 3 feet or more than 8 feet in height.
The open area between such screening and the street shall be land-
scaped in harmony with the landscaping prevailing on neighboring
properties fronting on the same street. Two identification and
directional signs located on the street side of such screening shall
be permitted; however, they shall not exceed an area of 3 square
feet each.
Drivewavs. No driveway shall provide access to a lot located in another dis-
trict, which lot is used for any use prohibited in the district in which such
driveway is located.
Commercial Vehicles
5.4.6.1 One commercial vehicle not exceeding 25 feet in length may be
parked on an occupied lot in any Residence District, but not within
the required yards of such lot and in no case between the street line
and the principal building.
5.4.6.2 One commercial vehicle not exceeding 25 feet in length may be
parked within a private garage in any Residence District.
5.4.6.3 Commercial farm vehicles are permitted as accessory to a commercial
farm use in any Residence District.
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5.4.7
Trailers. and Boats
5.4.7.1 The storage or parking and use o{ a trailer by any person or persons
is hereby prohibited in all Districts except that:
(a) One camping trailer not over 25 feet in length may be stored,
but not used {or any purpose, on an occupied lot in any Residence
District, and provided that such trailer is not stored within the
required yards o{ said lot nor between the street line and the
principal building;
(b) Where a building permit has been issued for the construction or
alteration of a building, the Building Inspector may issue a tem-
porary permit for one trailer for a period not to exceed 6 months.
Said temporary permit may be extended for 1 additional period
of 6 months if the Building Inspector finds that construction has
been diligently pursued and that justifiable circumstances re-
quire such an extension. Said trailer may be occupied during
the term of the temporary permit, and shall be situated upon the
lot for which the building permit has been issued. Prior to the
issuance of such a temporary permit by the Building Inspector
the location of said trailer on the lot shall be subject to
Planning Board approval. Said Board may attach to their approval
whatever conditions it deems necessary to carry out the intent
of thi s ordinance.
5.4.7.2 Not more than one boat per dwelling unit may be stored on an occu-
pied lot in any Residence District prOvided that such boat is not
stored within any required yard of such lot, nor between the street
line and the principal building.
Section 5.5 Prohibited Uses in All Districts
5.5.1
Any use which is noxious, offensive or objectionable by reason of the emission
of smoke, dust, ga s, odor or other form of air pollution or by rea son of the
deposit, discharge or dispersal of liquid or solid wastes in any form in a manner
or amount as to cause permanent damage to the soil and streams or to adversely
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5.5.2
5.5.3
5.5.4
affect the surrounding area, or by reason of the creation of noise, vibration,
electro-magnetic or other disturbance, or by reason of illumination by artificial
light or light reflection beyond the limits of the lot on or from which such light
or light reflection emanates, or which involves any dangerous fire, explosive,
radioactive or other hazard, or which causes injury, annoyance or disturbance
to any of the surrounding properties or to their owners and occupants, and any
other process or use which is unwholesome and noisome and may be dangerous
or prejudicial to health, safety or general welfare.
Artificial lighting facilities of any kind with light sources visible beyond the lot
lines which create glare beyond such lines.
Amusement parks and circuses and related activities except for a temporary
period on special license from the Town Board.
Junk yard or dump, except a dump established a s an official Town Dump or duly
licensed as a dump by the Town Board.
Section 5.6 Cluster Developments. The Planning Board may approve Cluster Developments
in all Residence Districts according to the procedures and requirements specified below.
The purpose of such development is to provide flexibility in the design and development
of land in such a way as to promote the most appropriate use of land to facilitate the ade-
quate and economical provision of streets and utilities, and to preserve the natural and
scenic qualities of open space.
5.6.1
The maximum number of single-family lots that may be approved in a Cluster
Development shall be computed by subtracting from the total gross area a fixed
percentage of 20% of said area, and dividing the remaining 80% of the area by
the following minimum requirements: (To be inserted later)
5.6. 1 . 1 In computing the maximum number of lots that ma y be created, any
lands which are subject to flooding or which are occupied by public
utility easements in such a manner as to prevent their use and
development, shall not be considered part of the total gross area. In
a Cluster Development, lots shall conform to the following require-
ments:
(To be inserted later)
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5.6.2
5.6.3
The area of a Cluster Development shall be in single ownership or under unified
control.
Prior to the issuance of a building permit in a Cluster Development a Site Plan
shall be submitted to and approved by the Planning Board, in accordance with
Section 9.2 and the following conditions:
5.6.3. I Said Site Plan shall include areas within which structures may be
located, the height and spacing of buildings, open spaces and
their landscaping, off-street open and enclosed (if any) parking
spaces, and streets, driveways, and any other physical features
relevant to the proposed plan, and
5.6.3.2 Said Site Plan shall include a statement setting forth the nature of
all proposed modifications of existing zoning provisions, and
5.6.3.3 Said Site Plan shall be subject to review and public hearing by the
Planning Board in the manner prescribed in the Town Law Sections
276 and 277. Under these provisions the Planning Board is required:
to hold a public hearing within 30 days after the time of the Site Plan
submission; to advertise said hearing in a newspaper of general cir-
culation in the Town of Southold at least 5 days before such hearing;
to approve, modify and approve, or disapprove said Site Plan within
45 days after the date of the public hearing.
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5.6.4
5.6.5
Nothing contained in this ordinance shall relieve the owner or his agent, or the
developer of a proposed Cluster Development from receiving Subdivision Plat
Approval in accordance with the Town Subdi vision Regulations. In approving
the Final Plat for a Cluster Development the Planning Board may modify the"
acreage requirement for recreation area s (Section 8 of Article IV of the Town
Subdivision Regulations) provided that the common land dedicated in Section
5.6.5.5 of this Ordinance meets all other requirements of the Town Subdivision
Regulations.
A Cluster Development shall be organized as one of the following: (1) a Homes
Association approved by the Federal Housing Administration for mortgage insur-
ance as a "Planned-Unit Development", and the Town Board; or (2) a Homes
Association approved by the Town Attorney and Town Board; or (3) any. other
arrangements approved by the Town Attorney and Town Board as satisfying the
intent of this ordinance. Whenever a Homes Association is proposed, the
Town Board shall retain the right to review and approve the articles of incor-
poration and charter of said Homes As sociation, and to require whatever con-
ditions deemed necessary to insure that the intent and purpose of this ordinance
is carried out. In consideration of said approval, the Town Board shall, in part,
require the Cluster Development to meet the following conditions:
5.6.5.1 The Homes Associationshall be established a s an incorporated, non-
profit organization operating under recorded land agreements through
which each lot owner (and any succeeding owner) is automatically a
member, and each lot is automatically subject to a charge for a pro-
portionate share of the expenses for the organization's activities.
5.6.5.2 Titl" to all common property shall be placed in the Homes Associa-
tion, or definite and acceptable assurance shall be given that it
automatically will be so placed within a rea sonable period of time.
5.6.5.3 Each lot owner shall have equal voting rights in the Association and
shall have the right to the use and enjoyment of the common property.
5.6.5.4 Once established, all responsibility for operation and maintenance of
the common land and facilities shall lie with the Homes Association.
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5.6.5.5 Dedication of all com.mon areas shall be recorded directly on the
Subdivision Plat, or by reference on the Plat to a.dedication in a
separately recorded document. Resubdivision of such areas is
prohibited. The dedication shall:
(a) Save the title to the common property to the Homes Association
free of any cloud of implied public dedication; and
(b) Commit the developer to convey the areas to the Homes Associa-
tion at an approved time; and
(c) Grant easements of enjoyment over the area to the lot owners;
and
(d) Give to the Homes Association the right to borrow for improve-
ments upon the security of the common areas; and
(e) Give to it the right to suspend membership rights for non-payment
of a ssessments or infraction of published rules.
5.6.5.6 Covenants shall be established, limiting all lots to one-family use
and all common lands to open space uses. No structures may be
erected on such common lands except as shown on the approved
Site Plan.
5.6.5.7 Each deed to each lot sold shall j nclude by reference all recorded
declarations, such as covenants, dedications and other restrictions
(including assessments and the provision for liens for non-payment
of such) .
5.6.5.8 The Housing Association shall be perpetual; shall purchase insurance;
pay taxes; specify in its charter and by-laws an annual home-owner's
fee, provision for assessments, and establish that all such charges
become a lien on each property in favor of s<iid Association. The
Association shall have the right to proceed in accordance with all
necessary legal action for the foreclosure and enforcement of liens,
and it shall also have the right to commence action against any
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member for the collection of any unpaid assessment in any court. of
competent jurisdiction.
5.6.5.9 The developer sha 11 assume all responsibilitie s a s previously out-
lined for the Homes Association until a majority of the dwelling
sites are sold at which time the Homes Association shall be auto-
matically established.
5.6.6.0 Prior to Site Plan approval the developer shall file with the Town
Board a performance bond to insure the proper installation of all
recreation and park improvements shown on the Site Plan, and a
maintenance bond to insure the proper maintenance of all common
lands until the Homes Association is established. The amount and
period of said bonds shall be determined by the Planning Board, and
the form, sufficiency, manner of execution, and surety shall be
approved by the Town Attorney and Town Board.
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ARTICLE VI
NON-CONFORMING USES AND NON-COMPLYING BUILDINGS
Section 6.1 Non-Conforminq Uses
6.1.1
6.1. 2
A non-conforming use is any use, whether of a building or tract of land or both,
existing on the effective date of this ordinance which does not conform to the
use regulations of the District in which it is located.
-
The following provisions shall apply to all buildings and uses existing on the
effective date of this ordinance which do not conform to the requirements set
forth in this ordinance and to all buildings and uses that become non-conforming
by reason of any subsequent amendment to this ordinance.
6.1.2.1 Non-Conforminq Uses. Any non-conforming use of buildings or open
land, except those specified in Section 6.1.4 below, may be contin-
ued indefinitely, but:
(a) Shall not be enlarged, altered, extended, reconstructed, or
restored (except as provided in Section 6.1.2.1 (e)), or placed
on a different portion of the lot or parcel of land occupied by
such uses on the effective date of this ordinance, nor shall any
external evidence of such use be increased by any means what-
soever.
(b) Shall not be moved to another location where such use would be
non-conforming.
(c) Shall not be changed to another non-conforming use without
approval by the Board of Appeals, and then only to a use which,
in the opinion of the Board of Appeals, is of the same or of a
more restricted nature.
(d) Shall not be reestablished if such use has been discontinued for
any rea son for a period of one year or more, or ha s been changed
to, or replaced by, a conforming use. Intent to resume a non-
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conforming use shall not confer the right to do so.
(e) Shall not be restored for other than a conforming use after dam-
age from any cause, unless the non-conforming use is rein-
stated within one year of such damage; if the restoration of
such building is not completed within the said one year period,
the non-conforming use of such building shall be deemed to
have been discontinued, unless such non-conforming use is
carried on without interruption in the undamaged portion of
such building.
6.2 Non-Gomplvinq Buildinqs
6.2.1
A non-complying building is any building which does contain a use
permitted in the district in which it is located, but does not conform
to the district regulations for: lot area, width, or depth; front, side,
or rear yards; maximum height; lot coverage; or minimum livable
floor area per dwelling unit.
6.2.2
Nothing in this article shall be deemed to prevent normal maintenance
and repair, structural alteration in, moving, reconstruction, or en-
largement of a non-complying building provided that such action does
not increa se the degree of or create any new non-conformity with
regards to the regulations pertaining to such buildings.
6.3 Termination of Non-Gonforminq Uses. Each of the non-conforming uses speci-
fied below is deemed sufficiently objectionable. undesirable, and out of char-
acter in the district in which such use is located as to depreciate the value of
other property and use s permitted in the di strict, and blight the proper and
orderly development and general welfare of such district and the community to
the point that each of such non-conforming uses shall be terminated on or
before the expiration of the specified period of time after the effective date of
this ordinance; which period of time as specified for the purpose of permitting
the amortization of the remaining value, if any, of such use:
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6.3.1
6.3.2
In any Residence District any non-conforming use of open land includ-
ing such uses as a parking lot, trailer, junk yard, or open storage
yard for materials or equipment may be continued for three years
after the effective date of this ordinance, provided that after the
expiration of that period such non-conforming use shall be
terminated.
-
In any Residence District, any sign not of a type permitted, or of a
permitted type but greater than the maximum permitted size may be
continued for one year following the effective date of this ordinance,
provided that after the expiration of that period such non-conforming
use shall be terminated.
6.4 Repairs and Maintenance. Notwithstanding any of the above regulations.
nothing in this section shall be deemed to prevent normal maintenance and
repair of any use.or building, or the carrying out upon the issuance of a
building permit of major structural alterations or demolitions necessary in the
interest of public safety. In granting such a building permit, the Building
Inspector shall state the precise reason why such alterations were deemed
necessary .
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ARTICLE VII
ENFORCEMENT
Section 7.1 Buildinq Permits. No building in any district shall be erected, recon-
structed or restored, or structurally altered without a building permit duly issued upon
application to the Building Inspector. No building permit shall be issued unless the
proposed construction or use is in full conformity with all the provisions of this ordin-
ance. Any building permit issued in violation of the provisions of this ordinance shall
be null and void and of no effect, without the necessity for any proceedings or revoca-
tions of nullification thereof; and any work undertaken or use established pursuant to
any such permit shall be unlawful.
7.1.1
Every application for a building permit shall contain the following information
and be accompanied by the required fee and by a plot plan drawn to scale and
signed by the person responsible for such drawing. If no such plot plan is
available, a survey is required prepared by a licensed engineer or land surveyor.
7.1.1.1 The actual shape, dimensions, radii, angles and area of the lot on
which the building is proposed to be erected , or of the lot on which
it is situated if an exi sting building;
7.1.1.2 The block and lot numbers a s they appear on the latest tax records.
7.1.1.3 The exact size and locations on the lot of the proposed building or
buildings or alteration of an existing building and of other existing
buildings on the same lot;
7.1.1.4 The dimensions of all yards in relation to the subject building and
the distances between such building and any other existing buildings
on the same lot.
7.1.1.5 The existing and intended use of all buildings, existing or proposed,
the use of land and the number of dwelling units the building is
designed to accommodate; and
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7.1. 2
7.1. 3
7.1. 4
7.1. 5
7.1. 6
7.1. 7
7.1.1.6 Such topographic or other information wi th regard to the building, the
lot or neighboring lots as may be necessary to determine that the
proposed construction will conform to the provisions of this ordinance.
.
No building permit shall be issued for the construction or alteration of any
building upon a lot without access to a street or highway as stipulated in
Section 280-a of the Town Law.
-
No building permit shall be issued for any building where the Site Plan of such
building is subject to approval by the Planning Board, except in conformity with
the plans approved by the said Board.
No building permit shall be issued for a building to be used for any conditional
use in any district where such use is allowed only by approval of the Planning
Board unless and until such approval has been duly granted by the Planning
Board.
The building permit application and all supporting documentation shall be made
in triplicate. On the issuance of a building permit, the Building Inspector shall
return one copy of all filed documents to the applicant.
The Building Inspector shall, within ten days after the filing of a complete and
properly prepared application, either issue or deny a building permit. If a
building permit is denied the Building Inspector shall state in writing to the
applicant the rea sons for such denial.
Every building permit shall expire if the work authorized ha s not commenced
within 12 months after the date of issurance, or has not been completed within
18 months from such date for construction costing less than $1,000,000 and
has not been completed within 30 months from such date for construction cost-
ing in excess of such amount. If no zoning amendments or other codes or regu-
lations affecting subject property have been enacted in the interim, the Building
Inspector may authorize in writing the extension of either above periods of an
additional six months, following which no further work is to be undertaken
without a new building permit.
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7.1. 8
.
7.1. 9
As soon as the foundation of a building or of any addition to an existing building
is completed, and before first story framing o"r wall construction is begun, there
shall be filed with the Building Inspector an accurate survey signed by the person
responsible for said survey, showing the exact location of such foundation with
respect to the street and property lines of the lot.
The following schedule of fees payable to the Town shall apply to every building
permit application: No charge if the value of construction is $500 or less; a $5
fee when the value of construction is greater than $500, but less than $1,000;
when the value of construction exceeds $1,000 the fee shall be $5 plus $2 for
each additional $1,000 of value above $1,000, up to a maximum fee of $1,000.
Section 7.2 Certificate of Occupancy
7.2.1
7.2.2
7.2.3
The following shall be unlawful until a certificate of occupancy shall have been
applied for and issued by the Building Inspector:
7.2.1.1 Occupancy and use of a building erected, reconstructed, restored,
structurally altered, moved, or any change in use of an existing
building;
7.2.1.2 Occupancy, use or any change in the use of any land; and
7.2.1.3 Any change in use of non-conforming use.
No certificate of occupancy shall be issued for any conditional use of a building
or of land requiring conditional use approval by the Planning Board or for any
land or use requiring Site Plan approval by the Planning Board unless and until
such conditional use or Site Plan approval ha s been duly granted by the Planning
Board. Every certificate of occupancy for which conditional use or Site Plan
approval has been granted, or in connection with which a variance has been
granted by the Board of Appeals shall contain a detailed statement of any con-
dition to which the same is subject.
On a form furnished by the Building Inspector, application for a certificate of
occupancy for a new building or for an existing building which ha s been
altered, shall be made after the erection of such building or part thereof has
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7.2.4
7.2.5
been completed in conformity with the provisions of this ordinance and in the
case of a new building shall be accompanied by an accurate plot plan, or if
not available, by a survey prepared by a licensed land surveyor or engineer
showing the location of all buildin gs as built. Such certificate shall be issued
within 10 days after receipt of the properly completed application, but only
providing the application states that all requirements of all other applicable
codes or ordinances in effect are complied with.
.
If the proposed use is in conformity with the provisions of this ordinance and
of all other applicable codes and ordinances, a certificate of occupancy for
the use of vacant land or for a change of use of a non-conforming use, shall
be issued by the Building Inspector within 10 days after receipt of a properly
completed application. If a Certificate of Occupancy is denied, the Building
Inspector shall state the reasons in writing to the applicant.
In regard to those uses which are subject to Performance Standards Procedure,
the following requirements shall also apply:
7.2.5.1 Any normal replacement or addition of equipment and machinery not
affecting the operations or the degree or nature of dangerous and
objectionable elements emitted shall not be considered a change
in use;
7.2.5.2 After occupancy, if there occurs continuous or frequent, even
though intermittent, violations of the performance standards and
other provisions for a period of 5 da ys, without bona fide and
immediate corrective work, the Building Inspector shall suspend
or revoke the occupancy permit of the use and the operation shall
immediately cease until it is able to operate in accordance with
these regulations, at which time the occupancy permit shall be
reinstated;
7.2.5.3 The Building Inspector shall investigate any alleged violation of
Performance Standards, and if there are reasonable grounds to
believe that a violation exists, he shall investigate the alleged
violation, and for such investigation may employ qualified experts.
A copy of said findings shall be forwarded to the Town Board. The
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7.2.6
7.2.7
7.2.8
7.2.9
services of any qualified experts employed by the Town to advise in
establishing a violation shall be paid for by the violator, if it shall
be determined that a violation is proved, and otherwise by the Town.
No new certificate of occupancy shall be issued unless such charges
ha ve been paid to the Town.
Every application for a certificate of occupancy or a temporary certificate of
occupancy shall be accompanied by a fee of $2.00. Copies of such certificate
will be made available upon payment of $1.00 per copy.
A certificate of occupancy shall be deemed to authorize, and is required for,
both initial occupancy and the continuance of occupancy and use of the building
or land to which it applies,
Upon written request by the owner, and upon payment of a fee of $1.00, the
Building Inspector shall, after inspection, issue a certificate of occupancy for
any building or use thereof or of land existing at the time of the adoption of
this ordinance, certifying such use and whether or not the same and the building
conforms to the provisions of this ordinance.
A record of all certificates of occupancy shall be kept in the office of the
Building Inspector and copies shall be furnished on request, to any agency of
the Town or to any persons having a proprietary or tenancy interest in the
building or la nd affected.
Section 7.3 Duties of the Buildinq Inspector
7.3.1
7.3.2
It shall be the duty of the Building Inspector, who shall be appointed by the
Town Board, to enforce the provisions of this ordinance and of all rules, condi-
tions and requirements adopted or specified pursuant thereto.
The Building Inspector or his duly authorized assistant(s), shall have the right
to enter any building or enter upon any land at any reasonable hour as necessary
in the execution of their duties, provided that:
7.3.2.1 The Building Inspector shall notify the owner and tenant before con-
ducting any inspection.
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7.3.3
7.3.4
7.3.5
7.3.2.2 The Building Inspector or his duly authorized assistants shall display
identification signed by the Town Clerk upon commencing an inspec-
tion.
7.3.2.3 Inspections shall be commenced in the presence of the owner or his
representative or tenant.
The Building Inspector shall maintain files, open to the public, of all applica-
tions for certificates of occupancy and building permits along with plans sub-
mitted therewith a s well a s final certificates and permits.
The Building Inspector shall also maintain records, open to the public, of every
complaint of a violation of the provisions of this ordinance as well as action
taken a s a re sult of such complaints.
The Building Inspector shall submit to the Town Board for insertion in the Board
minutes, a written report summarizing for the month all building permits and
certificates of occupancy issued by him as well as complaints of violations
and action taken as a result of such complaints.
Section 7.4 Violations and Penalties
7.4.1
7.4.2
7.4.3
Violation of any provision or requirement of this ordinance or violation of any
statement, plan, application, permit, or certificate approved under the provi-
sions of this ordinance shall be considered an offense punishable by a fine of
not more than fifty dollars, imprisonment for not more than 6 months for each
offense.
The owner, general agent or contrac:tor of a building, premi ses, or part thereof
where such a violation has been committed or does exist shall be guilty of such
an offense.
Any agent, contractor, architect, builder, corporation or other person who com-
mits, takes part or assists in such violation shall also be guilty of such an
offense.
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7.4.4
7.4.5
Each and every week that any such violation continues after notification that
such violation exists shall constitute a separate offense. Such notice shall
be written by the Building Inspector and shall be served by mail or by person-
al service.
The imposition of penalties herein prescribed shall not preclude the Town or
any person from instituting appropriate legal action or proceeding to prevent
an unlawful erection, construction, reconstruction, alteration, repair, con-
version, maintenance or use, or to restrain, correct or abate a violation, or
to prevent the illegal occupancy of a building, -land, or premises.
-33-
ARTICLE VIII
BOARD OF APPEALS
Section 8.1 Creation, Appointment and Orqanization
"
8.1.1
Establishment and Membership. There shall be a Board of Appeals of five mem-
bers pursuant to the provisions of Section 267 of the Town Law.
Section 8.2 Powers and Duties. The Board of Appeals shall have all the powers and
duties prescribed by law and by this ordinance, which are more particularly specified
as follows, provided that none of the following provisions shall be deemed to limit any
power of the Board that is conferred by law:
8.2.1
Interpretation. On appeal from an order, requirement, decision or determination
made by an administrative official, or on request by any official, board or agen-
cy of the Town, to decide any of the following questions:
8.2.1.1 Determination of the meaning of any portion of the text of this
ordinance or of any condition or requirement specified or made
under the provisions of this ordinance.
8.2.1.2 Determination of the exact location of any district boundary shown
on the Zoning Map.
8.2.2
Variances
8.2.2.1 To authorize, upon appeal in specific cases, such variance from the
terms of thi s ordinance a s will not be contrary to the public interest
where, owing to exceptional and extraordinary circumstances, there
are unnecessary hardships in the way of carrying out of the strict
letter of this ordinance, subject to terms and conditions to be fixed
by the Board of Appeals; provided however, that no such variance
shall be granted unless said Board finds:
(a) That there are physical conditions, such as in the case of an
exceptionally irregular, narrow, Shallow, or steep lot, fully
-34-
described in the findings of said Board, applying to the land or
building for which the variance is sought, which conditions are
peculiar to such land or building, and have not resulted from any
act of the applicant or any prior owner; and
.
(b) That, for reasons fully set forth in the findings of said Board, the
aforesaid circumstances or conditions are such that the strict
application of the provisions of this ordinance would deprive the
applicant of the rea sonable use of such land or building and the
granting of the variance is necessary for the reasonable use of
the land or building, and that the variance as granted by said
Board is the minimum variance that will accomplish this purpose;
and
(c) That the granting of the variance under such conditions as said
Board may deem necessary or desirable to apply thereto will be
in harmony with the general purpose and intent of this ordinance,
will not represent a radical departure therefrom, will not be
injurious to the neighborhood, will not change the character
thereof and will not be otherwise detrimental to the public welfare.
8.2.2.2 The needs or desires of a particular owner or tenant or of a particular
prospective owner or tenant shall not, either alone or in conjunction
with other factc;>rs, afford any basis for the granting of a variance.
The fact that the improvements already existing at the time of the
application are old, obsolete, outmoded or in disrepair or the fact
that the property is then unimproved shall not be deemed to make the
plight of the property unique or to contribute thereto.
8.2.2.3 Where said Board finds that the zoning cia s sification of a particular
property to be conducive to the deprivation of the reasonable use of
the land or buildings and where said Board finds the same condition
to apply generally to other land or buildings in the same neighborhood
or zoning district, the said Board shall call this condition to the
attention of the Planning Board.
-35-
8.2.2.4 In all ca'ses where the Board of Appeals grants a variance from the
strict application of the requirements of this ordinance, it shall be
the duty of such Board to attach conditions and safeguards as may
be required in order that the result of its action may be as nearly as
possible in accordance with the spirit and intent of this ordinance.
~
8.2.3
Temporary Certificate of Occupancv
8.2.3.1 To authorize, upon denial by the Building Inspector of a certificate of
occupancy, the issuance of a temporary certificate of occupancy by
the Building Inspector for a period of not to exceed ninety (90) days,
for the completion of any alterations that are required under the pro-
vision of any law or ordinance, or for the completion of a part of an
uncompleted building; provided that the Board finds that:
(a) The denial of a certificate of occupancy prior to completion of
the said alterations or of the building would cause unnecessary
hardship; and
(b) The safety of the occupants of the building and of adjacent build-
ings and land would be adequately assured under such terms and
conditions as said Board may prescribe.
8.2.3.2 Such temporary certificate shall not be construed as in any way alter-
ing the respective rights, duties or Obligations of the owner or of the
Town respecti ve to the use or occupancy of the land or building, or
any other matter covered by this ordinance.
Section 8.3 Procedure. The powers and duties of the Board of Appeals shall be exercised
in accordance with the follOwing procedure:
8.3.1
The Board of Appeals shall not decide upon any appeal for a variance or interpre-
tation of this ordinance without first holding a public hearing, notice of which
hearing and of the substance of the appeal or application shall be given by pub-
lication in the official newspaper of the Town at least 5 days before the date of
such hearing. In addition to such published notice, the Board of Appeals shall
cause such notice to be mailed at least 5 days before the hearing to the follow-
-36-
.
8.3.2
8.3.3
8.3.4
ing: All owners of property which lie adjacent to that owned by the applicant
in the immediate area; All other owners a s the Board of Appeals may deem
advisable.
8.3.1.1 The names of said owners shall be taken as they appear on the last
completed tax roll of the Town.
8.3.1.2 Provided that due notice shall have been published as above pro-
vided and that there shall have been substantial compliance with
the remaining provisions of the paragraph, the failure to give notice
in exact conformance herewith shall not be deemed to invalidate
action taken by the Board of Appeals in connection with the granting
of any appeal or variance.
All appeals and applications made to the Board of Appeals shall be in writing,
on forms prescribed by said Board and shall be accompanied by a fee of not
less than the actual and necessary costs of advertising and holding a public
hearing. The Board of Appeals may, in its discretion, return to the applicant
part or all of the fee paid by him in the event that his appeal under Section
8.2.1 (Interpretation) is partially or wholly successful. The fee filed in
connection with applications under Section 8.2.2 (Variances) shall not be
returnable regardless of disposition of the case by the Board.
Each appeal or application shall fully set forth the circumstances of the case.
Every appeal or application shall refer to the specific provision of the ordinance
involved and shall exactly set forth, as the case may be, the interpretation
that is claimed, the details of the variance that is applied for and the grounds
on which it is claimed that the same should be granted.
Should any appeal involve either of the two follOwing conditions, the Secretary
of the Board of Appeals shall transmit to the designated office or official a
copy of the official notice of the public hearing not later than 10 days prior to
the date of the hearing.
8.3.4.1 Any change in the boundaries of any district, which change would
occur within a distance of 500 feet of the boundary of any village,
town, or county or any boundary of a State park or parkway.
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8.3.5
8.3.6
8.3.7
8.3.8
8. 3.4.2 Any change in the regulations prescribed for any district. any portion
of which is located within 500 feet of the boundaries listed in
Section 8. 3.4. 1 .
8.3.4.3 The designated official for counties shall be the Clerk of the Board
of Supervisors. In villages, and towns, the designated official shall
be the clerk of the municipality. In the case of State parks or park-
ways, the designated office shall be the Long Island Park Commission.
Prior to the date of any public hearing, the Secretary of the Board of Appeals
shall transmit to the Secretary of the Planning Board a copy of any appeal or
application, together with a copy of the notice of such hearing. The Planning
Board may submit to the Board of Appeals an advisory opinion on said appeal
or application at any time prior to the rendering of a decision by the Board of
Appeals.
Should any action by the Board of Appeals involve any of the areas specified
in Article X, Section 10.1.5.1 (a) through (e), then the matter shall be referred
prior to final action by the Board of Appeals, to the Suffolk County Planning
Board in accordance with Section 239-m of Article l2-B of the General Municipal
Law.
Every decision of the Board of Appeals shall be recorded in accordance with
standard forms adopted by the Board, and shall fully set forth the circumstances
of the ca se and shall contain a full record of the findings on which the decision
is based. Every decision of the said Board shall be by resolution and each such
resolution shall be filed in the office of the Town Clerk by case number, under
one of the following headings: (1) Interpretation, or (2) Variances, together
with all documents pertaining thereto. Regarding their decision in each case,
the Board of Appeals shall notify the Building Inspector, Town Board, Town
Planning Board, and the municipal clerk of any affected municipality given
notice of hearing a s set forth in Section 8. 3.4.
All the provisions of this ordinance relating to the Board of Appeals shall be
strictly construed. Said Board as a body of jurisdiction, shall act in full con-
formity with all provisions of law and of this ordinance and in strict compliance
with all limitations contained therein.
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8.3.9
Unless construction is commenced and diligently pursued within six months of
the date of the granting of a variance, such variance shall become null and void.
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ARTICLE IX
PLANNING BOARD
Section 9.1 Conditional Uses
,
9.1.1
On application, and after public notice and hearing, the Planning Board may
authorize the issuance by the Building Inspector of permits for any of the con-
ditional uses for which this ordinance requires, in the district in which such
use is proposed to be iocated. . In approving any such use, the Planning Board
shall take into consideration the public health, safety, and welfare, the comfort
and convenience of the public in general and of the residents of the immediate
neighborhood in particular, and may prescribe appropriate conditions and safe-
guards as may be required in order that the result of its action may, to the max-
imum extent possible, further the expressed intent of this ordinance and the
accomplishment of the following objectives in particular.
9. 1 .1.1 That all proposed structures, equipment, or material shall be readily
accessible for fire and police protection.
9.1.1.2 That the proposed use shall be of such location, size and character
that, in general it will be in harmony with the appropriate and orderly
development of the district in which it is proposed to be situated and
will not be detrimental to the orderly development oLadjacent proper-
ties in accordance with the zoning classification of such properties.
9.1.1.3 That, in addition to the above, in the case of any use located in, or
directly adjacent to, a residential district:
(a) The location and size of such use, the nature and intensity of
operations involved in or conducted in connection therewith, its
site layout and its relation to access streets shall be such that
both pedestrian and vehicular traffic to and from the use and the
assembly of persons in connection therewith will not be hazard-
ous or inconvenient to, or incongruous with, the said residential
district or conflict with the normal traffic of the neighborhood;
and
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9.1. 2
9.1. 3
9.1. 4
9.1. 5
(b) The location and height of buildings, the location, nature and
height of walls and fences, and the nature and extent of land-
scaping on the site shall be such that the use will not hinder or
discourage the appropriate development and use of adjacent land
and buildings.
Each application for a conditional use shall be accompanied by a proposed plan
showing the size and location of the lot, the location of all buildings and pro-
posed facilities including access drives, parking areas, and all streets within
200 feet of the lot.
Should any conditional use approval involve any of the areas specified in Article
X, Section 10.1.5.1 (a) through (e), then the matter shall be referred, prior to
final action by the Planning Board, to the Suffolk County Planning Board in
accordance with Section 239-m of the General Municipal Law.
Any use for which a conditional use permit may be granted shall be deemed to
be a conforming use in the district in which such use is located provided that
such permit shall be deemed to affect only the lot or portion'thereof for which
such permit shall have been granted.
The Planning Board may require that conditional use permits be periodically
renewed. Such renewal shall be granted following due public notice and hearing,
and may be withheld only upon a determination by the Planning Board to the
effect that such conditions as may have been prescribed by the Planning Board
in conjunction with the issuance of the original permit have not been, or are
being no longer, complied with. In such ca ses a period of 60 days shall be
granted the applicant for full compliance prior to the revocation of the said permit.
Section 9.2 Approval of Site Development Plans. In all cases where this ordinance requires
approval of Site Development Plans by the Planning Board, no building permit shall be
issued by the Building Inspector except upon authorization of and in conformity with the
plans approved by the Planning Board.
9.2.1
Objectives. In considering and acting upon Site Development Plans the Planning
Board shall take into consideration the public health, safety and welfare, the
comfort and convenience of the public in general and of the residents of the
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9.2.2
immediate neighborhood in particular, and may prescribe appropriate conditions
and safeguards as may be required in order that the result of its action may, to
the maximum extent possible, further the expressed intent of this ordinance and
the accomplishment of the following objecti ves in particular:
9.2.1.1 Traffic Access: That all proposed traffic access and ways are adequate
but not excessive in number; adequate in width, grade, alignment and
viSibility; not located too near street corners or other places of public
assembly; and other similar safety considerations.
-
9.2.1.2 Circulation and Parkina. That adequate off-street parking and loading
spaces are provided to prevent parking in public streets of vehicles of
any persons connected with or visiting the use and that the interior
circulation system- is adequate to provide safe acceSSibility to all
required off-street parking lots.
9.2.1.3 Landscaoina and Screenina. That all playground, parking and service
areas are reasonably screened at all seasons of the year from the view
of adjacent residential lots and streets and that the general landscaping
of the site is in character with that generally prevailing in the neighbor-
hood. Existing trees over 8" in diameter measured 3 feet above the
base of the trunk shall b~ retained to the maximum extent possible.
Effect of Site Develooment Plan Aooroval
9.2.2.1 No building permit shall be issued for any structure covered by this
section until an approved Site Development Plan or approved amendment
of any such plan ha s been secured by the applicant from the Planning
Board and presented to the Building Inspector.
9.2.2.2 No certificate of occupancy will be issued for any structure or use of
land covered by this section unless the structure is completed or the
land is developed or used in accordance with an approved Site Develop-
ment Plan or approved amendment of any such plan.
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.
9.2.3
9.2.2.3 Should any Site Plan approval involve any of the areas specified in
Article X, Section 10.1.5.1 (a) through (e), then the matter shall be
referred, prior to final action by the Planning Board, to the Suffolk
County Planning Board in accordance with Section 239-m of the
General Municipal Law.
Procedure
9.2.3.1 Pre-Submission Conference. Prior to the submission of a Site
Development Plan, the applicant shall meet in person with the
Planning Board. The purpose of such conference shall be to discuss
proposed uses or development in order to determine which of the Site
Development Plan elements listed in Section 9.2.4 shall be submitted
to the Planning Board in order for said Board to determine conformity
with the provisions and intent of this ordinance.
9.2.3.2 Within 6 months following the pre-submission conference, the Site
Development Plan and any related information shall be submitted to
the Building Inspector in triplicate at lea st 15 days prior to the
Planning Board meeting at which approval is requested. If not sub-
mitted within this 6 month period, another pre-submission compliance
shall be required.
9.2.3.3 The Building Inspector shall certify on each Site Development Plan or
amendment whether or not the plan meets the requirements of all zoning
ordinance provisions other than those of this section regarding Site
Development Plan approval.
9.2.3.4 The Building Inspector shall retain one copy and transmit two copies
of the certified Site Development Plan to the Secretary of the Planning
Board at lea st 7 days prior to the Planning Board meeting at which
approval is requested.
9.2.3.5 The Planning Board shall act to approve or disapprove any such Site
Development Plan within 90 days after the meeting at which approval
is requested. Failure to act within 90 days shall be deemed approval.
Planning Board disapproval shall include written findings upon any Site
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9.2.4
Development Plan element found contrary to the provisions or intent
of this ordinance. In reviewing the application, the Planning Board
may secure the advice or assistance of one or more expert consul-
tants as qualified to advise as to whether a proposeLl use will conform
to the requirements of this ordinance. The assistance of a consultant,
if sought, must be obtained within 10 days of the receipt of the appli-
cation. Such consultant shall report within 30 days after receipt of
such request whether or not the use applied for will be operated in
conformance with the performance standards, and if not, what modifi-
cation in design or operation would be necessary for conformance. A
copy of the report of such consultants shall be furnished to the Plan-
ning Board, Building Inspector, and applicant.
.
9.2. 3.6 Amendments to a Site Development Plan shall be acted upon in the
same manner a s the approval of the original plan.
9.2.3.7 The Planning Board may require that Site Plan approval be periodically
reviewed.
Site Development Plan Elements. The applicant shall cause a Site Development
Plan map to be prepared by a civil engineer, surveyor, land planner, architect,
or other competent person. Site Development Plan elements shall include those
listed below which are appropriate to the proposed development or use as indi-
cated by the Planning Board in the pre-submission conference.
9.2.4.1 Leqal I'ata
(a) Lot, block, and section number of the property taken from the
latest tax records.
(b) Name and address of the owner of record.
(c) Name and address of person, firm, or organization preparing
the map.
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(d) Date, north point, and writtenand graphic scale.
(e) Sufficient description or information to define precisely the bound-
aries of the property. All distances shall be in feet and tenths of
a foot. All angles shall be given to the nearest 10 seconds or
closer. The error of closure shall not exceed one in ten thousand.
(f) The locations, names, and existing widths of adjacent streets
and curb lines.
(g) The locations and owners of all adjoining lands as shown on the
latest tax records.
(h) Location, width, and purpose of all existing and proposed ease-
ments, set-backs, reservations, and areas dedicated to public
use within or adjoining the property.
(i) A complete outline of existing deed restrictions or covenants
applying to the property.
(j) Existing zoning.
9.2.4.2 Natural Features
(a) Existing contours with intervals of five (5) feet or less, referred
to a datum satisfactory to the Board.
(b) Approximate boundaries of any areas subject to flooding or storm
water overflows.
(c) Location of existing watercourses, marshes, wooded areas, rock
outcrops, isolated trees with a diameter of eight inches or more,
mea sured three (3) feet above the ba se of the trunk, and other
significant existing features.
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9.2.4.3 Existinq Structures and Utilities
(a) Location of uses and outlines of structures drawn to scale on
and within 100 feet of the lot line.
(b) Paved areas, sidewalks, and vehicular access between the site
and public streets.
(c) Locations, dimensions, grades, and flow direction of existing
sewers, culverts, water lines as well as other underground and
above-ground utilities within and adjacent to the property.
(d) Other existing development, including fences, landscaping, and
screening.
9.2.4.4 Proposed Development
(a) The location of proposed buildings or structural improvements.
(b) The location and design of all uses not requiring structures, such
as off-street parking and loading areas.
(c) The location, direction, power and time of use for any propoped
outdoor lighting or public address systems.
(d) The location and plans for any outdoor signs.
(e) The location and arrangement of proposed means of access and
egress, including sidewalks, driveways, or other paved areas.
Profiles indicating grading and cross-sections showing width
of roadway, location and width of sidewalks, and location and
size of water and sewer lines.
(f) Any proposed grading, screening, and other landscaping including
types and locations of proposed street trees.
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(g) The location of all proposed water lines,. valves and hydrants,
and of all sewer lines or alternate means of water supply and
sewage disposal and treatment.
(h) An outline of any~proposed deed restrictions or covenants.
.
(i) Any contemplated public improvements on or adjoining the
property.
(j) If the Site Development Plan only indicates a first stage, a
supplementary plan shall indicate ultimate development.
9.2.4.5 Any other information deemed by the Planning Board neces sary to
determine conformity of the Site Plan with the intent and regulations
of this ordinance.
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ARTICLE X
Amendments
Section 10.1 Amendments. This ordina nce or any part thereof, may be amended, supple-
mented or repealed, from time to time, by the Town Board on its own motion or upon recom-
mendation by the Planning Board. Prior to public hearing, every such proposed amendment
shall be referred by the Town Board to the Planning Board for a report. The Town Board shall
not take action on a ny such amendment without such report from the Planning Board unless
the Planning Board fails for any reason to render such report within forty-five (45) days after
its next regularly scheduled meeting following the date of such referral.
10.1.1 Report of the Planninq Board. In making such report on a proposed amendment, the
Planning Board shall make inquiry and determination concerning the items specified
below:
10.1.1.1
Concerning a proposed amendment to or change in text of the ordinance:
(a) Whether such change is consistent with the aims and principles
.embodied in the ordinance as to the particular districts concerned;
(b) Which areas, land uses, buildings and establishments in the Town
will be directly affected by such change and in what way they will
be affected;
(c) The indirect implications of such change in its effect on other
regulations; and
(d) Whether such propos-ed amendment is consistent with the aims of
the Comprehensive Development Plan of the Town.
10.1.1.2
Concerning a proposed amendment involving a change in the Zoning
Map:
(a) Whether the uses permitted by the proposed change would be ap-
propriate in the area concerned;
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(b) Whether adequate public school facilities and other public ser-
vices exist or can be created to serve the needs of any additional
residences likely to be constructed as a result of such change;
(c) Whether the proposed change is in accord with any existing or
proposed plans in the vicinity;
(d) The effect of the proposed amendment upon the growth of the
Town as envisaged by the Comprehensive Development Plan;
(e) Whether the proposed amendment is likely to result in an in-
crease or decrease in the total zoned residential capacity of
the Town and the probable effect thereof.
10.1.2 Each petition for a zoning amendment shall be accompa nied by a fee of $20, pay-
able to the Town Clerk upon the filing thereof. No fee shall be required for peti-
tions filed in favor of, or against, a pending application.
10.1.3 By resolution adopted at a meeting of the Town Board, the Town Board shall fix
the time and place of a public hearing on the proposed amendment and cause
notice thereof to be given in accordance with provisions of Section 264 of Article
16 of the Town Law. All notices of public hearing shall specify the nature of any
proposed amendment; the land or district affected; a nd the date when, and the
place where, the public hearing will be held. At least 10 days notice of the time
and place of such hearing shall be published in the official newspaper.
10.1.4 Should any proposed amendment consist of or include either of the two following
conditions, the Town Clerk shall transmit to the designated office or official a
copy of the official notice of the public hearing not later than 10 days prior to the
date of hearing.
10.1. 4.1 Any change in the boundaries of any district, which -change would
occur within a distance of 500 feet of the boundary of any Village,
town or county on any boundary of a State park or parkway.
10.1. 4.2 Any change in the regulations prescribed for any district, any portion of
which is located within 500 feet of the boundaries listed in Section
10.1.4.1.
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10.1.4.3
The designated official for counties shall be the Clerk of the Board
of Supervisors. In villages and towns, the designated official shall
be the clerk of the municipality. In the ca se of State parks or park-
ways, the designated office shall be the Long Island Park Commission.
.-j..,
10.1.5 Should any proposed amendment consist of or include any of the following con-
ditions, the Town Clerk shall prior to final action, refer the proposed amendment
to the Su.ffo1k County Planning Board in accordance with Section 239-m of Article
12. B of the General Municipal Law.
10.1.5.1
Any change in the district classification of, or the regulations apply-
ing to, real property lying within a dista nce of 500 feet from:
(a) The boundary of any village, or town.
(b) The boundary of any State park or other recreation area.
(c) The right-of-way of any county or State parkway, thruway,
expressway, or other controlled access highway.
(d) The right-of-way of a ny stream or drainage cha nnel owned by
the county or for which the county has established channel
line s .
(e) The boundary of any county or State-owned land on which a
public building or institution is located.
10.1.6 In the case of a protest against any amendment, such amendment shall not be-
come effective except in accordance with the provisions of Section 265 of Article
16 of the Town Law.
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ARTICLE XI
DEFINITIONS
.
Section 11.1 Definitions. Unless otherwise expressly stated, the following terms shall
for the purpose of thi s ordinance have the meaning herein indicated. Words used in the
present tense include the future; the singular number includes the plural and the plural
the singular; the word "person" includes a corporation as well as an individual; the word
"lot" includes the word "plot." The term "occupied" or "used" as applied to any building
shall be construed as though followed by the words "or intended, arranged or designed
to be occupied or used":
Accessorv - A building or use clearly incidental or subordinate to, and customary in con-
nection with, the principal building or use on the same lot.
Basement - A story in a building, the structural ceiling level of which is four feet or more
above the average level of finished grade where such grade abuts that exterior wall of
such building which fronts on any street, and the floor level of which is below finished
grade at any point on the periphery of the building.
Billboards - A sign, including the type commonly known a s a billboard, which directs
attention to a business, commodity, service, entertainment or attraction, sold, offered
or existing elsewhere than upon the same lot where such sign is displayed, or only
incidentally upon such lot.
Buildinq - Any combination of materials forming any construction, except where entirely
underground, so as to permit the use of the ground above same as if no building was
present; the term "building" shall include the term "structure" as well as the following:
(a) Signs;
(b) Fences;
(c) Walls, other than retaining walls projecting above the ground not more than 3
feet at the higher ground level and not more than 6 1/2 feet at the lower ground
level;
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(d) Radio. and televisien receiving and transmitting tewers and antennae, except
fer such antennae installed en the reef ef a "building" and extending net mere
than 20 feet abeve the highest level ef the reef ef such "building"; and
(e) Perches, eutdo.er bins and ether similar" structures. "
Cellar - Any space in a building the structural ceiling level ef which is less than feur
feet abeve the average finished grade where such grade abuts that exterier wall ef such
building which frents en any street. A cellar shall net be censidered in determining the
permissible number ef steries.
Ceurt. Inner - An epen space enclesed en all sides by exterier walls ef a building.
Ceurt. Outer - An epen space enclesed en three sides by exterier walls ef a building.
Ceurt. Outer. Depth ef - 'The linear average dimensien mea sured frem the unenclesed side
ef the ceurt to. the farthest wall thereef.
Ceurt. Outer. Width ef - The linear dimensien ef the unenclesed side ef the ceurt.
Curb Level - The established elevatien ef the street grade at the peint that is eppesite
the center ef the wall nearest to. and facing the street line.
DwellinG. One- Familv - A detached building centaining o.ne dwelling unit enly.
DwellinG. Multiple - A building er po.rtien thereo.f centaining three o.r mere dwelling units.
DwellinG. Ro.w o.r Attached - A o.ne family dwelling with two. co.mmo.n er party walls
separating it from adjacent units o.n bo.th sides.
DwellinG. Twe-Familv - A detached building co.ntaining two. dwelling units enly.
DwellinG. Semi-Detached - A o.ne family dwelling with ene wall in cemmen with an adjac-
ent dwelling.
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.
Dwellinq Unit - A building or entirely self-contained portion thereof containing complete
housekeeping facilities for only one family, including any domestic servants employed on
the premises and having no enclosed space (other than vestibules, entrance or other
hallways or porches) or cooking or sanitary facilities in common with any other "dwelling
unit." A house trailer, a boarding or rooming house, convalescent home, fraternity or
sorority house, hotel, inn, lodging, nursing, or other similar home, or other similar
structure shall not be deemed to constitute a dwelling unit.
Family - One or more persons occupying a dwelling unit as a single non-profit house-
keeping unit. More than five persons, exclusive of domestic servants, not related by
blood, marriage or adoption, shall not be considered to constitute a family.
Floor Area - The sum of the gross horizontal areas of the several floors of the building
or buildings on a lot measured from the exterior faces of exterior walls or from the
center line of party walls separating two buildings, excluding cellar and basement areas
used only for storage for the operation a nd maintenance of the building.
Floor Area, Livable - All spaces within the exterior walls of a dwelling unit exclusive of
garages, breezeways, unheated porches, cellars, heater rooms, and 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 and all attic space having a clear height of six feet from finished floor level
to pitch of roof rafter with a clear height of seven feet six inches from finished floor level
to ceiling level over 50% of the area of such attic space.
Floor Area Ratio - The floor area in square feet of all buildings on a lot divided by the area
of such lot in square feet.
Heiqht - The vertical distance measured from the average elevation of the finished grade
at the front of the building to the highest point of the roof for flat and mansard roofs, and
to the mean height between eave and ridge for other types of roofs.
Trailer - Any vehicle mounted on wheels, movable either by its own power or by being
drawn by another vehicle, and equipped to be used for living or sleeping quarters or so as
to permit cooking. The term "trailer" shall include vehicles if mounted on temporary or
perma nent foundations with the wheels removed.
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Lot - Any parcel of land, not necessarily coincident with a lot or lots shown on a map of
record, which is occupied or which is to be occupied by a building and its accessory
buildings, if any, or by a group of buildings accessory thereto, if any, together with the
required open spaces appurtena nt to such building or group of buildings.
.
Lot, Corner - A lot at the junction of and abutting on two or more intersecting streets where
the interior angle of intersection does not exceed 135 degrees, A lot abutting a curved
street shall be deemed a corner lot if the tangents to the curve at the points of intersection
of the side lot lines with the street lines intersect at an interior angle of less than 135
degrees.
Lot. Depth - The minimum distance from the street line of a lot to the rear lot line of such
lot.
Lot Line - Any boundary of a lot other than a street line.
Lot Line. Rear - The lot line generally opposite to the street line; if the rear lot line is
less than 10 feet in length, or if the lot comes to a point in the rear, the rear lot line shall
be deemed to be a line parallel to the front lo~ line not less than 10 feet long lying farthest
from the front lot line.
Lot Width - The average distance between side lot lines taken at the front yard or set-back
line and measured at right angles to the side lot lines or along a parallel to the street.
Manufacturinq - Any process whereby the nature, size, or shape of articles or raw materials
are changed, or where articles are assembled or packaged.
Main Floor - The largest area found by the projection of a horizontal plane through the
livable floor area which is enclosed by the exterior walls of the building.
Principal Buildinq - A building in which is conducted the main or principal use of the lot
on which said building is located.
Public Water, Public Sewer - Sewage disposal and water supply systems approved by the
Town Board for municipal operation.
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.
Siqn - Any structure or part thereof, or any device attached to a building or painted or
represented thereon, which shall display or include any letter, word, model, banner,
pennant, insignia, device, trade flag, or representation which is in the nature of, or
which is used as, an announcement, direction or advertisement, for commercial purposes
or otherwise. A sign includes a billboard and a neon tube, string of lights, or similar
device outlining or hung upon any part of a building or lot, but does not include the flag
or insignia of any nation or group of nations, or of any governmental agency, or of any
poli tical, educational, charitable, philanthropic, civic, professional, religious or like
campaign, drive, movement, or event. Excluded from this definition are
signs which are solely devoted to prohibiting trespassing, hunting, or fishing.
Siqn Area - shall include all faces of a sign measured as follows:
(a) When such sign is on a plate or framed or outlined, all of the area of such plate
or the area enclosed by such frame or outline shall be included;
(b) When such sign consists only of letters, designs or figures engraved, painted,
projected or in any manner affixed on a wall, the total area of such sign shall
be deemed the area within which all of the matter of which such sign consists
may be en scribed .
Storv - That part of any building, exclusive of cellars but inclusive of basements, com-
prised between the level of one finished floor and the level of the next higher finished
floor, or, if there be 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.
Storv. Half - Any space 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 7 feet 6 inche s or more.
Street - A street, improved to the satisfaction of the Planning Board which is one of the
following; an existing Town, County or State highway or street; a street shown on an
approved Subdivision Final Plat; a street shown on a map filed with the County Clerk
(in accordance with Section 280-a of the Town Law) prior to Planning Board authorization
to review subdivisions; a street shown on the Town Official Map.
Street Line - The dividing line between a lot and a street.
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Structural Alteration - Any change in the supporting members of a building, such as beams,
columns, or girders.
Usable Open Space - An unenclosed portion of the ground of a lot which is not devoted to
driveways or parking spaces, which is free of structures of any kind, of which not more
than 25% is roofed for shelter purposes only, the minimum dimension of which is 40 feet,
and which is available and accessible to all occupants of the building or buildings on
the said lot for purposes of active or paSSive outdoor recreation.
Use, .Abcessorv - A use customarily incidental and subordinate to the main use on a lot,
whether such "accessory use" be conducted in a principal or accessory building.
Yard. Front - An unoccupied ground area fully open to the sky between the street line,
or by the street line established by the Official Map of the Town, or an approved
Subdivision Plat, and a line drawn parallel thereto.
Yard. Rear - An unoccupied ground area fully open to the sky between the rear lot line
and a line drawn parallel thereto.
Yard, Side - An unoccupied ground area fully open to the sky between any property line
other than a street or rear lot line, and a line drawn parallel thereto between the front
and rear yards.
.
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ARTICLE XII
INTERPRETATION
Secti on 12. 1 Interpretation. In their interpretation and application, the provi sions of
this ord inance shall be held to be the minimum requirements adopted for the promotion
of the public health, safety, comfort, convenience. and general welfare. Except where
specifically provided to the contrary, it is not intended by this ordinance to repeal,
abrogate, annul or in any way to impair or interfere with any rules, regulations or
permits previously adopted or issued or which shall be adopted or issued pursuant to law
relating to the use of buildings, structures, shelter or premises; nor is it intended by this
ordinance, to interfere with or abrogate or annul any easements, covenants or other agree-
ments between parties; provided, however that where thi s ordinance imposes a greater
rest riction upon the use of a building or premises, or requires larger open spaces than
are imposed or required by any other statute, ordinance. rule. regulation or permit, or
by any ea sement, or agreement, the provisions of this ordinance shall control.
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ARTICLE XIII
SEPARABIUTY
Section 13.1 Separability. Should any section or provision of this ordinance be decided
by the courts to be unconstitutional or invalid, such decision shall not affect the validity
of the ordinance as a whole or any part thereof other than the part so decided to be uncon-
stitutional or invalid.
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ARTICLE XIV
REPEAL OF PRIOR ZONING ORDINANCES
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Section 14.1 Repeal of Prior Zoning Ordinances. All zoning ordinances or parts of such
ordinances heretofore adopted are hereby repealed.
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ARTICLE XV
EFFECTIVE DATE
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Section 15.1 Effective Date. Upon enactment by the Town Board, this ordinance shall
become effective a s provided by law.
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