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Home My WebLink AboutHamlet Study Implementation Workbook r ~ ~\1fFOl.t ~ ~ ~ ~ ~ :::::>> ~ = .. en :e ~ ~ c::>~~ . ~ 'ITA.. ~~~ '''OJ + t.v , I Town of Southold Hamlet Study Implementation Workbook KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 PLANNING BOARD MEMBERS .. JERILYN B. WOODHOUSE ... Chair OFFICE WCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY RECEIV"D Telephone: 631 765-1938 Fax: 631 765-3136 JUN (' ~~:}7 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Sou\\,.,id ~i,,;il l:lelk MEMORANDUM To: Supervisor Scott Russell Members of the Town Board From: Jerilyn Woodhouse, Chair Members of the Planning Board e Re: Initial Hamlet Stakeholders' Meetings Date: June 7, 2007 The Planning Board is pleased to report that the initial Stakeholders' meetings, except Fisher Island, have been completed. The meetings were productive and greatly appreciated by the groups. Attached is a Town of South old Hamlet Study Implementation Workbook for your use. The Planning Department will send updates and inserts accordingly. cc: Elizabeth Neville, Town Clerk e . . . SCOTT A. RUSSELL SUPERVISOR Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765-1823 Telephone (631) 765-1889 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD To: Hamlet Study Stakeholders ~ZI;>5 From: Scott A. Russell, Supervisor Date: March-27, 2007 Re: Hamlet Study Implementation The Town Board and I welcome your involvement with the implementation of the Town of South old 2005 Hamlet Study. Thank you for volunteering your time and energy to transform a static document into the reality of community focused planning. Community participation is a critical element in defining a vision for the Town's future. The March 26th kick-off meeting highlighted some questions and concerns regarding your participation and expectations. In response to those comments, this Implementation Workbook has been developed by the Planning Department and the Special Projects Coordinator to assist your efforts. Thank you again for your efforts and if I, or any Town staff, can assist you in any way, please do not hesitate to ask. SARJpb . TOWN OF SOUTH OLD HAMLET STUDY IMPLEMENTATION Tasks and Processes . . The following tasks and processes will need to be accomplished to facilitate the implementation of the Hamlet Study. This outline is provided as a guide and does not limit stakeholders to other areas of involvement. While the Planning Board will provide concrete timeframes, the description of tasks below will give you a frame of reference of how long the implementation will be. Projected tasks are as follows: · Attend Planning Board meetings as scheduled · Attend meetings amongst stakeholders to formulate ways to achieve tasks outlined in the Implementation Workbook · Elect (re-elect) chairs/co-chairs for your reconfigured group · Schedule open forum meetings with your community to share hamlet implementation ideas. This is best achieved by scheduling meetings within your hamlet (library, firehouse, etc.) on the same day and time so it is "institutionalized" within your community. · Meet with cultural facilities and business communities to share hamlet implementation ideas (libraries, historical societies, Chambers of Commerce, etc.) · Meet with Housing Advisory Commission members to discuss potential site selections for affordable housing and senior housing · Provide feedback of meetings to the Planning Board at scheduled work sessions · Prioritize projects of hamlet study implementation provided in the Implementation Workbook · If warranted, write an addendum to the 2005 Hamlet Study · Complete an evaluation of the 2007 Hamlet Study Implementation . . . 2007 STAKEHOLDER MISSION STATEMENT Report directly to the Town of Southold Planning Board to assist with the implementation of the 2005 Hamlet Study findings to further define a vision statement for each Hamlet; to assist the Town in identifying and prioritizing short and long term planning projects outlined in the study; to identify funding resources available to accomplish identified projects; to solicit public and private partnerships to facilitate such projects and help disseminate information to all residents within the community. . . . 2007 HAMLET STAKEHOLDER PARTICIPANTS Total Number 75 Cutchoaue: (5) Jack DiPaola Jane Minerva Gwynn Schroeder Fred Carcich Bill Gatz East Marion: (11) Perry Angelson Ruth Ann Bramson Walter Gaipa Jenny Gould Kate Seponoski Joe Townsend Kevin Webster John Copertino George Peter Marilyn LoPresti Regi Weile Greenport West: (6) Don Leslie, Jr. Tanya Palmore Peter Russo Ural Talgat Victor Brown Melanie Norden Mattituck: (11) Sue Auer Peter Coleman Constance Connor Joseph Lee Ron McGreevey Henry Raynor Frank Wills Charlie Zaloom Nick Planamento Bill Bladykas Andy Kolb, Sr. New Suffolk: (9) Joan Robbins Tom Samuels, Jr. Jerry Schultheis Michael Simon Brian Andrews James Baker III Patricia (Pat) Mcintyre Kim Petrie Stephan Roussan Orient: (9) Glynis Berry Margaret Minichini Linton Duell Janet Markarian Priscilla Bull Ted Webb Keri Christ Jim Latham Rona Smith . Peconic: (7) Dave Cichanowicz Andrew Greene Ed Dart Bill Grigonis Robert Adipietro Rich Bohner Hugh Switzer Southold: (17) Susan Krupski Fisher Alice Hussie John May Tom McCarthy John Nickles, Jr. John Rooney Marian Salerno Leslie Kanes Weisman Donald Wilson Caroline MacArthur John Sepenoski. Rich Caggiano John Romanelli Kris Pilles Pat Moore Joe Frohnhoefer III Herb Adler . . '\ ~ 's\\l~ ~ '\\\\\Jt:H- \liliiT\\\\\W ~"~. I! . \ 'WX}:r ~ " ~""\",. ~ '.f ~ L. \ e\ k ,c ~"' _ . = ., '8>' lf07 "'" '0 ~ . 11 ~ . ,;, \\~?;': <b ,,"? 9 ;; ~ ~ 1\i ,).; ,-" c-.= -\ ~ ~ '5 ~ ~', I Ii " I k - , , I " " '..", \\ - - 0 ... I le ~o~ \I..)lo 1\ ~ . ". lL U l~i~ ~~ ---\\~ :E D. ,~~~ ~i3 ,. \\ F, ~ ' ...----r . \ \ ~ y~ -------- \ -le::::I \ V - fd~ P ~~F~ \~,.tf~~( . ~~~l\ J. J l\ ~f:: 00 ~ ~ t: ~ U l.'\~'t/-I___ ~ ~ ~ I 1---... _-:-. & ~ - '1J!l1 A6 ~y ,6)~'C4-A' ,_ \, ~ ~~ .~ '" "Rr I..ll. ~ _ ,~~ "<:< ~~k~\1 " j If/J!tj ~~!t: ~ ,,- . ~ ^ ~.L L ~ \.'( "\1.' N ~~ ~""'I~~~ " ~~ 2Z~ ~~ I [::' "J' " ~ l~r;;f!;-/M. t3~ ~ ~Y,;rv^ . ~ e W-- l\\" ~ 'j fj,lY"W (~7~ A !t'~ " ~K\\ ~~ ~ J ~~ \= ~~ \ \' r-f1'" ~ /C--i\\ J. q::r, 11= ..6,. '\ I I ~ "'. ~v\\ \). /~ : \ ~ J~ ~~ ~ \ ~ v~ \: ':::\ \::T ',e-\YI~--\'/ \ ~ ~1.~'^V; y t!~ ~ -$ ,-'fli "0~ ~ ,,;-" , ;0'0 ~'-" \ ~ "/;. ~' n ~ C ;0 1'$1 '- ~';; · ' - .... \ ,,'/;\\"' ~ ~ " rif '>tF /' 0' · !i ~ yV"" ~ ...:e ~ .~ Am' \\)) ,v , ,~~ " ,j, ,r/ ~ .,. 0' I e, "-rcen' "' " , ~ E , >' i I, PI" \ IU" cO = i' " ," , "I J:', 'I 0 I ~ ~ 0 < 0 II r~i~ n ~~ ' ' D. L.! !!I.lI 1;;L, ~ p~ ~. ,. ~ L$~ ~~ ~ IV\~ e-/ ~ \"ok(' <<i' '" T ,i: ~ 0" '-' 1 "-' ~~ ~ ,!.)"'" lI\l ,~ " "" ~ 0\.'0 ""'-- "~_ _ ~:/1" I Or. cd~\I """"~ ~ ~ --' 11,::: I · e~ x if:;;J~' "~~~ ~,,~ ~ ,n ~ ~'IU!IlJ~' ~ \ll' " <::j< '" 't-' ,J:~~c ~~ v/~ ~_ ~;;.~,' /~~\ ,~~ 2J~ ~ ~I "'''~ \'l ,.... ~ <'I: SlY ~ \ " ,,\CdV I (Ii . " '" ' ~ ~ I ,{lJfJi'" ..!. r<: ""~; ~~"""" " j'g. ",' ~ "" 'C y,;:;>> - / ^ JD C G "c"1. ~ /' /..l ~ ~ I " ""'''co v;jfS (, r ',<<'>Y" N~ y'1t~ "y~ ;:::: --Y1~l'. ~ w~~ ~- T --< -)~ ~ ~~\J _ :I ~\2a '"' "f' "\.. ri~\d IHy-\-5 ~ y/ '\'( \. ~ ~ i ~ I /C 'v~) "'< :?")" , /' ~" a: ..,. - CO .. e" ,- ' " -. Town of Southold PC/Codebook for Windows ARTICLE III, Agricultural-Conservation (A-C) District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts [Last amended 1-10-1989 by L.L. No. 1-1989] . ~ 280-12. Purpose. The purpose ofthe Agricultural-Conservation (A-C) District and the Low-Density Residential R-80, R-120, R-200 and R-400 Districts is to reasonably control and, to the extent possible, prevent the unnecessary loss of those currently open lands within the Town containing large and contiguous areas of prime agricultural soils which are the basis for a significant portion of the Town's economy and those areas with sensitive environmental features, including aquifer recharge areas and bluffs. In addition, these areas provide the open rural environment so highly valued by year-round residents and those persons who support the Town of Southold's recreation, resort and second-home economy. The economic, social and aesthetic benefits which can be obtained for all citizens by limiting loss of such areas are well documented and have inspired a host of governmental programs designed, with varying degrees of success, to achieve this result. For its part, the Town is expending large sums of money to protect existing farm acreage. At the same time, the Town has an obligation to exercise its authority to reasonably regulate the subdivision and development of this land to further the same purposes while honoring the legitimate interests of farmers and other farmland owners. ~ 280-13. Use regulations. [Amended 3-14-1989 by L.L. No. 3-1989) In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. . (1) One-family detached dwellings, not to exceed one dwelling on each lot. (2) The following agricultural operations and accessory uses thereto, including irrigation, provided that there shall be no storage of manure, fertilizer or other odor- or dust-producing substance or use, except spraying and dusting to protect vegetation, within 150 feet of any lot line: [Amended 5-23-1989 by 1.1. No. 8-1989] (a) The raising offield and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of products grown on the premises. [Amended I Town of Southold PC/Codebookfor Windows 11-29-1994 by L.L. No. 25-1994; 5-13-1997 by L.L. No. 8-1997] . (b) The keeping, breeding, raising and training of horses, domestic animals and fowl (except ducks)EN(I) on lots of 10 acres or more. (c) Barns, storage buildings, greenhouses (including plastic covered) and other related structures, provided that such buildings shall conform to the yard requirements for principal buildings. (d) The retail sale oflocal produce from structures ofless than 20 square feet floor area shall be set back at least 10 feet from any lot line. [Added 5-13-1997 by L.L. No. 8-1997] (3) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. (4) Wineries which meet thefollowing standards: [Added 11-29-1994 by L.L. No. 26-1994] (a) The winery shall be a place or premises on which wine made from primarily Long Island grapes is produced and sold; (b) The winery shall be on a parcel on which at least 10 acres are devoted to vineyard or . other agricultural purposes, and which is owned by the winery owner; ( c) The winery structures shall be set back a minimum of 100 feet from a major road; and (d) The winery shall obtain site plan approval. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for two-family dwellings and the uses set forth in Subsection B(14) hereof, are subject to site plan approval by the Planning Board: [Amended 12-21-1993 by L.L. No. 27-1993] (1) Two-family dwellings not to exceed one such dwelling on each lot. (2) Places of worship, including parish houses (but excluding a rectory or parsonage, which shall conform to the requirements for a one-family dwelling), subject to the following requirements: (a) No building or part thereof shall be erected nearer than 50 feet to any street line and nearer than 20 feet to any lot line. (b) The total area covered by all principal and accessory buildings shall not exceed 20% 2 . . Town of South old PC/Codebookfor Windows of the area of the lot. (3) Private elementary or high schools, colleges and other educational institutions, subject to the following requirements: (a) No building shall be less than 50 feet from any street or lot line. (b) The total area occupied by all principal and accessory buildings shall not exceed 20% of the area of the lot. (c) Any school shall be a nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively thereunder as such. (d) Any such school shall occupy a lot with an area of not less than five acres plus one acre for each 25 pupils for which the building is designed. (4) Nursery schools. (5) Philanthropic, eleemosynary or religious institutions, health care, continuing care and life facilities, but excluding facilities for the treatment of all types of drug addiction, subject to the following requirements: [Amended 12-27-1994 by L.L. No. 30-1994; . 11-12-1996 by L.L. No. 20-1996] (a) No building or part thereof or any parking or loading area shall be located within 100 feet of any street line nor within 50 feet of any lot line. (b) The total area covered by principal and accessory buildings shall not exceed 20% of the area of the lot. (c) The maximum height shall be 35 feet or 2 1/2 stories. (d) The entire lot, except areas occupied by buildings or parking or loading areas, shall be suitably landscaped and properly maintained. ( e) Any health care, continuing care or life care facility shall meet the following standards: [I] All buildings shall be of fire-resistive construction. [2] All such uses shall be served by adequate water and sewer systems approved by the Suffolk County Department of Health. [3] Patients suffering from communicable diseases shall not be permitted in any nursing home or sanatorium. (Communicable diseases are defined by the Sanitary Code of the Public Health Council of the State of New York.) . 3 Town of Southold . PC/Codebookfor Windows [4] Eight thousand square feet of lot area shall be provided for each patient bed. (6) Public utility rights-of-way as well as structures and other installations necessary to serve areas within the Town, except that wireless conununication facilities must obtain approval pursuant to Article XVll, subject to such conditions as the Board of Appeals may impose in order to protect and promote the health, safety, appearance and general welfare of the conununity and the character of the neighborhood in which the proposed structure is to be constructed. [Amended 11-12-1997 by L.L. No. 26-1997] (7) Beach clubs, tennis clubs, country clubs, golf clubs and annual membership clubs and accessory playgrounds, beaches, swinuning pools, tennis courts, recreational buildings and maintenance buildings catering exclusively to members and their guests, subject to the following requirements: [Amended 12-27-1994 byL.L. No. 30-1994; 12-8-1998 by L.L. ~o. 26-1998] (a) No building or part thereof or any parking or loading area shall be located within 100 feet of any street line or within 50 feet of any lot line. (b) The total area covered by principal and accessory buildings shall not exceed 20% of the area of the lot. (c) No such use shall occupy a lot with an area ofless than three acres. (8) Children's recreation camps organized primarily for seasonal use and subject to the following requirements: (a) No building, tent, activity area or recreation facility shall be less than 200 feet from any lot line, and any such building, tent, activity area or recreation facility shall be effectively screened therefrom as required by the Planning Board. Buildings intended for use as sleeping quarters shall be not less than 30 feet from each other, except tents, which shall be not less than 10 feet apart. (b) The minimum lot area shall be not less than 10,000 square feet for each cottage, tent or other principal building and not less than 3,000 square feet of land area shall be provided for each person acconunodated in the buildings or tents on the premises. EN(2) (c) The sound level of all outdoor public-address systems shall not exceed the intensity tolerable in a residential neighborhood. (9) Farm labor camps, subject to the following requirements: (a) All farm labor camps on farms shall be construed in conformance with applicable laws and shall not be located nearer to any other residence than the residence of the 4 . . . . . Town of South old PC/Codebookfor Windows employer, except by specific review and approval of the Planning Board. (10) Veterinarian's offices and animal hospitals, subject to the following requirements: (a) The housing of all animals shall be in a fully enclosed structure, if nearer than 150 feet to any lot line. (II) Cemeteries. (12) Stables and riding academies.EN(3) (13) One accessory apartment in an existing one-family dwelling, subject to the following requirements: (a) The accessory apartment shall be located in the principal building. (b) The owner ofthe existing dwelling shall occupy one of the dwelling units as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years. (c) The existing one-family dwelling shall contain not less than 1,600 square feet of livable floor area. (d) The accessory apartment shall contain not less than 450 square feet oflivable floor area. (e) The accessory apartment shall not exceed 40% of the livable floor area ofthe existing dwelling unit. (t) A minimum of three off-street parking spaces shall be provided. (g) Not more than one accessory apartment shall be permitted on a lot. (b) The accessory apartment shall meet the requirements of a dwelling unit as defined in 9 280-4 hereof. (i) The exterior entry to the accessory apartment shall, to the maximum extent possible, retain the existing exterior appearance of a one- family dwelling. (j) All exterior alterations to the existing building, except for access to the apartment, shall be made on the existing foundation. (k) The certificate of compliance shall terminate upon the transfer oftitle by the owner or upon the owner ceasing to occupy one ofthe dwelling units as the owner's principal residence. In the event of an owner's demise, the occupant of an accessory apartment may continue in occupancy until a new owner shall occupy the balance of 5 Town of Southold PCICodebookfor Windows the dwelling or one year from date of said demise, whichever shall first occur. [Amended 5-20-1993 by L.L. No. 6-1993] . (I) All conversions shall be subject to the inspection ofthe Building Inspector and renewal of the certificate of occupancy annually. [Amended 5-20-1993 by L.L. No. 6-1993] (m)The building which is converted to permit an accessory apartment shall be in existence and have a valid certificate of occupancy issued prior to January 1, 1984, or proof of occupancy prior to that date. [Amended 5-20-1993 by L.L. No. 6-1993] (n) The existing building, together with the accessory apartment, shall comply with all other requirements of Chapter 280 of the Town Code of the Town of Southold. (0) Notwithstanding the provisions of ~ 280-13B hereof, no site plan appJ:oval by the Planning Board shall be required for the establishment of an accessory apartment. (P) Approval by the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. (q) No bed-and-breakfast facilities, as authorized by ~ 280-13B(14) hereof, shall be permitted in or on premises for which an accessory apartment is authorized or exists. . [Added 3-14-1989 by L.L. No. 3-1989] (14) Bed-and-breakfasts which have been issued a bed-and-breakfast permit by the Building Inspector. Said permit shall be issued for a term of one year if the following conditions are met: [Amended 3-14-1989 by L.L. No. 3-1989; 2-7-1995 by L.L. No. 3-1995] (a) A smoke alarm shall be provided on each floor and in every guest room. (b) The dwelling shall have at least two exits and there shall be a window large enough for emergency egress in each guest room. (c) The identification sign shall be no larger than two square feet in areas zoned Residential-Office or higher, but there shall be no exterior signage identifying the use as a bed-and-breakfast in residential areas. (d) No accessory apartment, as authorized by ~ 280-13B(13) hereof, shall be permitted in or on premises for which a bed-and-breakfast facility is authorized or exists. (15) Historical society. [Added 11-12-1996 byL.L. No. 20-1996] (16) Preservation and use of a federal or state designated historic building for the purpose of hosting community events, together with the use of part of such building for professional offices and/or one apartment, not to exceed a total ofthree uses per building, provided 6 . . Town of Southo/d PC/Codebookfor Windows that such building is owned and maintained by a not-for-profit historic organization. fu. no event shall there be more than one apartment per building. [Added 10-25-2005 by L.L. No. 18-2005] C. Accessory uses, limited to the following uses and subject to the conditions listed in ~ 280-15 herein: . (I) Any customary structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter. (2) Home occupation, including home professional office and home business office. fu. permitting these uses, the Town Board recognizes that the residents historically have operated small businesses which provide services to the community from their homes. The Board finds that these businesses have not impacted negatively on the appearance of these residential zones. fu. the Board's judgment, it finds that in order to maintain the economic viability of the Town, to maintain the rural quality of life and in the interests of the welfare of the residents, these businesses (or home occupations) should be permitted to continue. fu. setting forth the following subsections, the Board intends to permit as of right certain business uses in residential zones with the understanding that these uses are to be conducted in a marmer that will not alter the character ofthe residential neighborhoods. The Board believes that the following subsections provide sufficient safeguards to accomplish that aim. These uses shall be permitted, provided that: [Amended 4-9-1991 byL.L. No. 10-1991; 7-28-1992 byL.L. No. 14-1992] (a) No display of products shall be visible from the street, and no stock-in-trade shall be kept on the premises. (b) Such occupation is incidental to the residential use of the premises and is carried on in the main building by the residents therein with not more than one nonresident assistant for whom off-street parking must be provided on site. (c) Such occupation is carried on in an area not to exceed 25% ofthe area of all floors of the main building, and in no event shall such use occupy more than 500 square feet of floor area. (d) There shall be no exterior effect at the property line, such as noise, traffic, odor, dust, smoke, gas, fumes or radiation. . (e) Studios where dancing or music instruction is offered to groups in excess of five pupils at one time or where concerts or recitals are held are prohibited. (f) fu. no marmer shall the appearance ofthe building be altered, nor shall the occupation be conducted in a manner that would cause the premises to lose its residential 7 Town of South old . PC/Codebook for Windows character, including but not limited to the use of colors, materials, construction or lighting. (g) Notwithstanding anything set forth elsewhere in this article, home occupations, home business offices and home professional offices shall in no event be deemed to include animal hospitals, kennels, barbershops, beauty parlors, clinics or hospitals, mortuaries, nursery schools, clubs, auto repair shops, restaurants, tourist homes, rooming houses or boardinghouses and uses similar to those listed above.EN(4) (h) Home occupations, home business office and home professional offices shall not include manufacturing, fabrication or construction of any type on the site. (i) The outdoor storage of equipment necessary for residents connected with aquaculture shall be screened from view and shall conform to the setbacks for accessory structures. (3) Boat docking facilities for the docking, mooring or accommodation of noncommercial boats, subject to the following requirements: (a) There shall be docking or mooring facilities for no more than two boats other than those owned and used by the owner of the premises for his personal use. (b) The Town Trustees shall approve new boat docking facilities. (c) Boats at such docking facilities shall not be used for overnight sleeping purposes. (4) Garden house, toolhouse, storage building, playhouse, wading pool, swimming pool or tennis court incidental to the residential use ofthe premises and not operated for gain, subject to the following requirements: . (a) Any swimming pool shall be completely enclosed with a permanent chain link (or similar type) fence of not more than two-inch mesh, not less than four feet in height, erected, maintained and provided with a self-closing, self-latching gate to prevent unauthorized use of the pool and to prevent accidents. However, if said pool is located more than four feet above the ground, then a fence is not required, provided that all points of access to said pool are adequately protected by a self-closing, self-latching gate. Any swimming pool in existence at the effective date ofthe provisions of this subsection shall, within one year from such date, comply with all of the provisions hereof. (b) Individual outdoor tennis court related to residential use on a lot containing a single-family detached dwelling, provided that the same is set back not less than six feet from all lot lines and that there is no lighting for after dark use. 8 . . . . Town of Southold PClCodebookfor Windows (5) Private garages; provided, however, that not more than two passenger automobile spaces in such garages may be leased to persons not resident on the premises. (6) Off-street parking spaces accessory to uses on the premises. Not more than four off-street parking spaces shall be permitted within the minimum front yard. (7) The storage of either a boat or travel trailer owned and used by the owner or occupant of the premises on which such boat or travel trailer is stored, for his personal use, subject to 9 280-78Q, Supplemental parking regulations,EN(5) and the following requirements: (a) Such boat or trailer shall not exceed 30 feet in length. (b) Such boat or trailer shall be stored only in the required rear yard, and the area occupied thereby, together with the area of all buildings in the rear yard, shall not exceed 40% of the area of the required rear yard. (c) Such boat or trailer shall not be located within 15 feet of any street or lot line. (8) Horses and domestic animals other than household pets, provided that such animals shall not be housed within 40 feet of any lot line. Housing for flocks of more than 25 fowl shall not be constructed within 50 feet of any line.EN(6) (9) Yard sales, attic sales, garage sales, auction sales or similar types of sales of personal property owned by the occupant of the premises and located thereon, subject to the following requirements: (a) Not more than one such sale shall be conducted on any lot in anyone calendar year. (b) Adequate supervised parking facilities shall be provided. (c) No signs, except one on-premises sign not larger than six square feet in size displayed for a period of not longer than one week immediately prior to the day of such sale, shall be permitted. (d) A permit shall be obtained therefor from the Town Clerk upon the payment of a fee of$15. [Amended 8-24-1993 by L.L. No. 18-1993] (e) The display permit issued by the Town Clerk shall be posted on the premises so it can be read from the street and removed before sundown on the day of the sale. [Added 8-24-1993 by L.L. No. 18-1993] (10) Wineries may have an accessory gift shop on the premises which may sell items accessory to wine, such as corkscrews, wine glasses, decanters, items for the storage and display of wine, books on winemaking and the region and nonspecific items bearing the 9 Town of South old . PC/Codebookfor Windows insignia of the winery. Wineries may not have a commercial kitchen as an accessory use but may have a noncommercial kitchen facility for private use by the employees. [Added 11-29-1994 by L.L. No. 26-1994] (II) Child care. [Added 11-12-1996 by L.L. No. 20-1996] ~ 280-14. Bulk, area and parkiug regulations. [Added 9-3-1996 by L.L. No. 16-1996] No building or premises shall be used and no building or part thereof shall be erected or altered in the A-C, R-80, R-120, R-200 and R-400 Districts unless the same conforms to the Bulk Schedule and Parking ScheduleEN(?) incorporated into this chapter with the same force and effect as if such regulations were set forth herein full. ~ 280-15. Accessory buildings. [Amended 4-10-1990 by L.L. No. 6-1990] In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Such buildings shall not exceed 18 feet in height. . B. Setbacks. [Amended 7-17-1990 by L.L. No. 14-1990; 2-5-1991 byL.L. No. 2-1991] (I) On lots containing up to 20,000 square feet, such buildings shall be set back no less than three feet from any lot line. (2) On lots containing more than 20,000 square feet up to 39,999 square feet, such buildings shall be set back no less than five feet from any lot line. (3) On lots containing in excess of 39,999 square feet up to 79,999 square feet, such buildings shall be set back no less than 10 feet from any lot line. (4) On lots containing in excess of79,999 square feet, such buildings shall be set back no less than 20 feet from any lot line.EN(8) C. In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front-yard setback requirements as set forth by this Code. [Added 12-22-1992 by L.L. No. 33-1992] 10 . . . . Town of Southold PCICodebookfor Windows ARTICLE IV, Low-Density Residential R-40 District [Added 1-10-1989 by L.L. No. 1-1989] ~ 280-16. Purpose. The purpose of the Low-Density Residential R-40 District is to provide areas for residential development where existing neighborhood characteristics, water supply and environmental conditions permit fuH development densities of approximately one dwelling per acre and where open space and agricultural preservation are not predominate objectives. ~ 280-17. Use regulations. In an R-40 District, no building or premises shaH be used and no building or part of a building shaH be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the foHowing: A. Permitted uses: (1) Same as ~ 280-13A of the Agricultural-Conservation District, except that wineries are excluded. [Amended 11-29-1994 by L.L. No. 26-1994] B. Uses permitted by special exception of the Board of Appeals. The foHowing uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, and subject to site plan approval by the Planning Board: (1) Same as ~ 280-13B ofthe Agricultural-Conservation District, except that a children's recreation camp, farm labor camp and veterinarian's office and animal hospital are not permitted and bed-and-breakfast uses do not require site plan approval. (2) Libraries, museums or art gaHeries. C. Accessory uses, limited to the following: (1) Same as ~ 280-13C ofthe Agricultural-Conservation District. ~ 280-18. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shaH be erected or altered in the Low-Density Residential R -40 District unless the same conforms to the requirements of 11 Town of South old . PC/Codebookfor Windows the Bulk Schedule and of the Parking Schedule,EN(9) with the same force and effect as ifsuch regulations were set forth herein in full. ~ 280-19. Accessory buildings. Accessory buildings shall be subject to the same requirements as 9 280-15 of the Agricultural-Conservation District. . 12 . . . . Town of South old PC/Codebook for Windows Endnotes 1 (Popup - Popup) Editor's Note: See also Ch. 83, Art. I, Ducks. 2 (Popup - Popup) Editor's Note: Fonner Subsection B(8)(c), dealing with the glare oflights toward nearby property, which previously followed this subsection, was repealed 12-27-1994 by L.L. No. 30-1994. 3 (popup - Popup) Editor's Note: Fonner Subsection B(13), wineries, as amended, which previously followed this subsection, was repealed 11-29-1994 by L.L. No. 26-1994. 4 (popup - Popup) Editor's Note: Fonner Subsection C(2)(h), regarding signs, which previously followed this subsection, was repealed 11-29-1994 by L.L. No. 25-1994. For current sign provisions, see Art. XIX, Signs. 5 (Popup - Popup) Editor's Note: See now S 280-78P. 6 (Popup - Popup) Editor's Note: Fonner Subsection C(9), as amended, regarding signs, which previously followed this subsection, was repealed 11-29-1994 by L.L. No. 25-1994. For current sign provisions, see Art. XIX, Signs. 7 (Popup - Popup) Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking Schedule is in S 280-78A. 8 (Popup - Popup) Editor's Note: Fonner Subsection C, regarding percentage of occupancy of required yard, which previously followed this subsection, was repealed 7-17-1990 by L.L. No. 14-1990. 9 (Popup - Popup) Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking 13 Town of Southold PC/Codebookfor Windows Schedule is in ~ 280-78A. 14 . . . . . . Town of Southo/d PCICodebook for Windows ARTICLE VI, Affordable Housing (AHD) District [Added 7-1-1986 by L.L. No. 6-1986; amended 11-16-1986 by L.L. No. 14-1986; 1-10-1989 by L.L. No. 1-1989EN(1); 5-8-1990 by L.L. No. 9-1990; 12-22-1992 by L.L. No. 34-1992; 3-23-1993 by L.L. No. 3-1993; 4-4-1995 by L.L. No. 5-1995; 6-29-2004 by L.L. No. 13-2004EN(2)] ~ 280-24. Purpose; applicability of amendments. The purpose ofthe Affordable Housing (AHD) District is to provide the opportunity within certain areas ofthe Town for the development of high-density housing for families of moderate income; and further, to do so with sensitivity to the historic and aesthetic character of the Town's existing neighborhoods. Towards that end, the Planning Board shall have the authority to amend certain setback and other specifications in order to ensure cost efficiencies and design that furthers the Town's goals of providing quality workforce housing. Homes located within the Affordable Housing District are intended to be affordable in perpetuity. The amendments set forth in Local Law No. 13-2004 apply only to development in an AHD District after June 1, 2004. ~ 280-25. Definitions. For the purpose of this article, the following terms, phrases and words shall have the following meanings: CONSUMER PRICE INDEX -- The consumer price index as published by the United States Department of Labor, Bureau of Labor Statistics, for the New York Metropolitan area. CONVEYANCE -- The transfer or transfers of any interest in real property by any method, including but not limited to sale, exchange, assignment, surrender, mortgage foreclosure, transfer in lieu of foreclosure, option, trust indenture, taking by eminent domain, conveyance upon liquidation or by a receiver, or transfer or acquisition of a controlling interest in any entity with an interest in real property. Notwithstanding the foregoing, conveyance of real property shall not include a conveyance made pursuant to devise, bequest or inheritance; the creation, modification, extension, spreading, severance, consolidation, assignment, transfer, release or satisfaction of a mortgage; a mortgage subordination agreement, a mortgage severance agreement or an instrument given to perfect or correct a recorded mortgage; or a release oflien oftax pursuant to this article or the Internal Revenue Code. 1 Town of Southo/d PCICodebookfor Windows MODERATE-INCOME FAMILY -- A family registered with the Town of South old Housing Registry whose aggregate annual income, including the total of all current annual income of all family members (excluding the earnings of working family members under age 18) from any source whatsoever at the time of application for the purchase or lease of an affordable housing unit or the purchase of an unimproved affordable lot, does not exceed 120% of the HUD median income for the County of Suffolk. MODERA TE-INCOME FAMILY DWELLING UNIT -- A dwelling unit reserved for rent or sale to a moderate-income family and for which the maximum monthly rent (excluding utilities) or the maximum initial sales price does not exceed the maximum rent or maximum sales price set forth in S 280-30D hereof. MODERATE-INCOME FAMILY UNIMPROVED LOT -- An unimproved lot reserved for sale to a moderate-income family and for which the maximum initial sales price does not exceed the maximum sales price set forth in S 280-30D hereof. Said "unimproved lot" shall mean a vacant parcel of real property designated as a lot on a filed map, inclusive of all utilities brought to the property line. NET WORTH -- The net worth of an applicant shall include all liquid assets less debt. Liquid assets shall not include sheltered assets, trusts, Individual Retirement Accounts (IRAs), 40lKs and all other federally recognized tax-deferred vehicles. [Added 6-20-2006 by L.L. No. 10-2006] . PERMANENT FIXED IMPROVEMENT -- An improvement to a lot or a moderate-income family dwelling unit which cannot he removed and which provides value to the property above and beyond repairs done to maintain the property in good condition. A permanent fixed improvement must be approved in advance of construction or installation in writing by the Special Projects Coordinator. SPECIAL PROJECTS COORDINATOR -- The employee of the Town who is responsible for the development, implementation and coordination ofthe Housing Registry and affordable housing initiatives for the Town of Southold. ~ 280-26. Applicability. AHD Districts shall be established by the Town Board on parcels ofland that have been identified through the accepted principles of Smart Growth planning as being appropriate and desirable locations for affordable housing. Such locations include, but are not limited to: land within Hamlet Locus Zones, as may be determined by the Town Board; land within walking distance of services, shops, schools, and public transportation; land that adjoins existing centers of business and residential development (as opposed to land adjoining farm and open fields); and other locations where the project has been shown to meet a demonstrable need. AHD Districts 2 . . . Town of South old PC/Codebookfor Windows shall be designated by Town Board resolution after a public hearing thereon, upon 10 days' notice thereof by publication in the official Town newspapers. ~ 280-27. Use regulations. In the AHD District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: A. Permitted uses. (1) One-family detached dwelling which shall be occupied by the owner of the dwelling, or may be leased one time by the owner for a period not greater than two years with written approval of the Special Projects Coordinator. (2) Two-family dwellings which shall be occupied by the owner of the dwelling, or may be leased one time by the owner for a period not greater than two years with written approval ofthe Special Projects Coordinator. . (3) Multiple dwellings. (4) Row or attached dwellings. (5) Apartments are permitted within the principal building only, subject to the following requirements: (a) The accessory apartment shall be located in the principal building. (b) The owner of the existing dwelling shall occupy one of the dwelling units as the owner's principal residence. The other dwelling unit shall be leased for year round occupancy to an eligible person as defined by this legislation and as evidenced by a written lease for a term of one or more years. (c) The apartment shall contain not less than 350 square feet and shall not exceed a square footage equal to one half the total enclosed square footage of the principal dwelling and shall not contain more than one bathroom. (d) A minimum of one off-street parking space shall be provided. (e) Not more than one accessory apartment shall be provided per single-family dwelling. (f) Not more than 50% of homes in an approved AHD shall have accessory apartments. . B. Accessory uses. Accessory uses as set forth in and regulated by S 280-13C(1), (2), (3), (4), (6) 3 Town of Southold PC/Codebookfor Windows . and (7) of this chapter. ~ 280-28. Bulk, area and parking regulations. A. No building or premises shall be used and no building or part thereof shall be erected or altered in the AHD District unless the same conforms to the following Bulk, Area and Parking Schedule: Bulk, Area and Parking Schedule Single-Family Two-Family Multiple Minimum Requirements Dwellings Dwellings Dwellings Total lot area (square feet) 10,000 20,000 40,000 Lot width (feet) 80 100 150 Lot depth (feet) 100 140 200 . Front yard (feet) 35 35 45 1 side yard (feet) 15 15 20 Both side yards (feet) 25 30 40 Rear yard (feet) 35 35 45 Livable floor area (square feet 850 600 600 per dwelling) Off-street parking spaces (per 2 2 2 dwelling) Land area (square feet) per 10,000 10,000 10,000 dwelling unit) Lot coverage (percent) 20% 25% 25% Building height 35 35 35 4 . . . . Town of Southo/d PC/Codebookfor Windows Bulk, Area and Parking Schedule Minimum Requirements Single-Family Dwellings Multiple Dwellings Two-Family Dwellings Number of stories 21/2 21/2 21/2 B. The Planning Board shall have the authority to reduce or amend yard setback requirements, lot dimension requirements and highway specifications. In making this decision, the Planning Board shall take into consideration the benefit to the applicant, as weighed against the detriment to the health, safety and welfare of the neighborhood or community. In making such determination, the Planning Board shall also consider: (1) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the amendment; (2) whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than the sought variance; (3) whether the variance is substantial; (4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (5) whether the alleged difficulty was self-created, which shall be relevant to the decision but shall not necessarily preclude the proposed amendment or variance. This provision supersedes and amends New York State Town Law SS 267, 267 -a, 267 -b and 267 -c insofar as these sections give such authority to the Zoning Board of Appeals. Any amendment to highway specifications shall meet with the approval of the Highway Superintendent. ~ 280-29. Application procedure. A. Application and fees. The application for rezoning shall be filed with the Town Clerk, in a form approved by the Town Board and available in the office of the Town Clerk. Fees applicable to the AHD zoning application shall be set by resolution of the Town Board. B. Application procedure. The procedure for approval of any future development in a proposed AHD District shall involve a three-stage review process as follows: (1) Approval by the Town Board of a preliminary development concept plan. (2) Approval of the final, detailed subdivision plat by the Planning Board.* (3) The zoning reclassification by the Town Board of a specific parcel or parcels of land for development in accordance with that plan.* 5 Town of Southold . PC/Codebook for Windows *NOTE: The Town shall, in all instances, process Subsection B(2) and (3) above concurrently so as to enable the municipality to utilize a single SEQRA process and conduct a coordinated review of the entire application. C. Referral to Planning Board. Upon the receipt of a properly completed application for the establishment of a new AHD District, one copy of the application shall be referred to the Planning Board for its review and report, and one copy shall be referred to the Suffolk County Planning Commission for its review and recommendation, if required by the provisions of the Suffolk County Charter. Within 60 days from the date of the Planning Board meeting at which such referral is received, the Planning Board shall report its recommendations to the Town Board. No action shall be taken by the Town Board until receipt of the Planning Board report or the expiration of the Planning Board review period, whichever first occurs. Said review period may be extended by mutual consent of the Planning Board and the applicant. D. Planning Board report. The Planning Board, in its report to the Town Board, may recommend either approval of the application for the establishment of the AHD District, with or without . modifications, or disapproval of said application. In the event that the Planning Board recommends disapproval of said application, it shall state in its report the reasons for such disapproval. In preparing its report and recommendations, the Planning Board shall give consideration to the Town Comprehensive Plan, the existing and permitted land uses in the area, the relationship of the proposed design and location of buildings on the site, traffic circulation, both on and off the site, the adequacy and availability of community facilities and utilities, including public water and public sewer systems, to service the proposed development, compliance of the proposed development with the standards and requirements of this article, the then-current need for such housing and such other factors as may be related to the purposes of this article. E. Town Board public hearing. Within 45 days from the date of the Town Board's receipt ofthe Planning Board's report and recommendation or the expiration of the Planning Board review period, whichever first occurs, the Town Board shall hold a public hearing on the matter of establishing an AHD District on the property described in the application. Such hearing shall be held upon the same notice as required by law for amendments to the Town Zoning Map and/or Zoning Code. F. Town Board action. (I) Within 45 days after the date of the close of the public hearing, the Town Board shall act 6 . . . . Town of South old PC/Codebook for Windows either to approve, approve with modifications or disapprove the preliminary development concept plan and the approval or disapproval of the establishment of the AHD District applied for. Approval or approval with modifications shall be deemed as authority for the applicant to proceed with the detailed design ofthe proposed development in accordance with such concept plan and the procedures and requirements of this article. A copy of the Town Board's determination shall be filed with the Planning Board and a copy mailed to the applicant. A copy shall also be filed in the Town Clerk's office. If such determination approves the establishment of a new AHD District, the Town Clerk shall cause the Official Zoning Map to be amended accordingly. (2) Revocation; extension. (a) Upon request to the Town Board on notice to the applicant and for good cause shown, the establishment of an AHD District may be revoked 18 months after said Town Board approval thereof if work on the site has not commenced or the same is not being prosecuted to conclusion with reasonable diligence. (b) The Town Board, upon request ofthe applicant and upon good cause being shown, may, in the exercise of its discretion, extend the above time period. In the event of the revocation of approval as herein provided, the AHD District shall be deemed revoked, and the zoning classification of the property affected thereby shall revert to the zoning classification that existed on the property immediately prior to the establishment of the AHD District thereon, and the Town Clerk shall cause the Official Zoning Map to be amended accordingly. G. Subdivision plat approval by the Planning Board. (I) No earthwork, site work, land clearing, construction or development activities shall take place on any property within an AHD District except in accordance with a site plan approved by the Planning Board in accordance with the provisions of this article and in accordance with the procedures and standards for site plan approval as set forth in Article XXIV of this chapter. (2) Where a proposed development involves the subdivision or resubdivision of land, no development shall proceed until the Planning Board has granted final subdivision plat approval in accordance with the provisions of Chapter 240, Subdivision of Land, of the Town Code. ~ 280-30. General regulations and requirements. A. The Town Board shall require the recording of covenants and restrictions that shall apply to 7 Town of South old . PC/Codebook for Windows all real property within the AHD District. The covenants and restrictions shall contain terms and conditions as the Town Board and Planning Board deem necessary to insure the property is used for purposes consistent with the purposes for which the AHD zoning classification was created, and they shall be subject to the approval ofthe Town Attorney. The covenants and restrictions shall include the following: (I) An owner of an improved or unimproved parcel of property within the AHD District shall, at least 30 days prior to entering into an agreement or contract to convey the parcel, provide a copy of the proposed contract to the Town Clerk with a written notice of the owner's intent to enter into the contract. The Town Clerk shall forward a copy of the owner's notice of intent and the proposed contract to the Town Board and Special Projects Coordinator. Within 20 days of receipt of the owner's notice of intention, the Town shall notifY the owner in writing as to whether or not the terms of the sale comply with the provisiOlls of this chapter relating to the resale of AHD parcels. (2) That an improved or unimproved parcel of property within the AHD District shall not be conveyed without written approval ofthe Southold Town Board. (3) The leasing of an improved or unimproved parcel of property or portion thereof shall be by written lease. (4) An owner of an improved or unimproved parcel of property within the AHD District shall, at least 14 days prior to entering into a lease with regard to said parcel, provide a copy of the proposed lease to the Town Clerk with a written notice of the owner's intent to enter into the lease. The Town Clerk shall forward a copy of the owner's notice of intent and the proposed lease to the Town Board and to the Special Projects Coordinator. Within seven days of receipt of the owner's notice of intention, the Town shall notifY the owner in writing as to whether or not the terms of the lease comply with the provisions of this chapter relating to the leasing of AHD parcels. (5) An owner of an improved or unimproved parcel of property within the AHD District shall not lease the property without obtaining the written approval from the Town of Southold. B. Provision for moderate-income family dwelling units and unimproved lots. (1) On land within an AHD District each dwelling unit and/or unimproved lot located therein shall be reserved for sale or lease to moderate-income families registered with the Town of Southold Housing Registry. At least 50% of available homes shall be offered for sale or lease to eligible applicants whose income does not exceed 80% of the HUD median income for the County of Suffolk. C. Eligibility. In each AHD, the sale or lease of dwelling units and unimproved lots shall be 8 . . . . . Town of Southold PC/Codebookfor Windows reserved for moderate-income families who do not have any ownership interest in any other residence or vacant lot. The net worth of an applicant (individual or family) shall not exceed 25% of the purchase price of a home sold pursuant to this section. The eligible applicants shall be grouped on a priority basis, and a lottery system will be administered by the Special Projects Coordinator within each group in a formula acceptable to the Town Board. The priority groups are as follows: (1) Income eligible individuals or families who have lived and worked in the Town of Southold for a period of at least one year prior to the submission of their application. (2) Income eligible individuals or families who have lived in the Town of Southold for a period of at least one year prior to the submission of their application. (3) Income eligible individuals/families who have been employed in the Town of South old for a period of at least one year prior to the submission of their application. (4) Income eligible individuals/families who previously lived for a minimum of one year in the Town of South old and wish to return. (5) To all other eligible applicants. D. The initial maximum sales price and maximum allowable monthly rent shall be set by resolution of the Town Board, as amended from time to time. E. Resale price of dwelling units and unimproved lots. (1) Dwelling units in an AHD District reserved for moderate-income families must be resold to moderate-income families who are registered with the Special Projects Coordinator as eligible and in need of housing. In an effort to ensure perpetual affordability, the maximum resale price shall not exceed the purchase price plus the cost of permanent fixed improvements, adjusted for the increase in the consumer price index during the period of ownership of such dwelling unit and such capital improvements plus reasonable and necessary resale expenses. All capital improvements require the approval of the Special Projects Coordinator who will submit such improvements to the Housing Advisory Commission for determination of: (a) whether the capital improvement is warranted and (b) if warranted, the value of appreciation to the property at time of improvement and (c) the value (if any) upon resale. The Housing Advisory Commission will provide quarterly reports to the Town Board pertaining to AHD provisions (i.e., sales, resales, capital improvements, etc.). (2) Unimproved lots in an AHD District reserved for registered moderate-income families must be resold to moderate-income families. The maximum resale price shall not exceed the purchase price of such lot adjusted for the change in the consumer price index for the 9 Town of South old PCICodebookfor Windows period during which such lot was owned by the resale seller, plus reasonable and necessary resale expenses. (3) Where an unimproved lot in an AHD District reserved for moderate-income families is improved with a dwelling unit, the maximum resale price shall be determined in the manner specified in 9 280-30E(I) hereof. . F. The pricing structure for rental properties must not exceed the rent limits as established by the Suffolk County Affordable Housing Opportunities Program. The Town Board may, at its discretion, impose restrictions regarding rentals. G. The regulations and general provisions of this chapter maybe varied at the discretion of the Town Board based on the requirements of subsidy sources of a specific development. [Added 6-20-2006 byL.L. No. 10-2006] ~ 280-31. Administration. A. General duties of Special Projects Coordinator. (I) The Special Projects Coordinator shall be responsible for the administration of dwelling . units and unimproved lots reserved for moderate-income families in all AHD Districts pursuant to the provisions ofthis article. (2) The Special Projects Coordinator shall promulgate and maintain information and documentation of all dwelling units and unimproved lots reserved for moderate-income families in all AHD Districts; the number thereof available for sale or lease at all times; the sales prices and monthly rent for such dwelling units and lots; and the names and addresses of eligible families desiring to purchase or lease the same, together with a priority list of such families. The Special Projects Coordinator shall maintain such other records and documents as shall be required to properly administer the provisions ofthis article. B. Interagency cooperation. (I) Whenever the Town Board approves the establishment of an AHD District, a copy of such determination shall be filed with the Building Inspector and the Special Projects Coordinator, together with a copy of any agreements and/or covenants relating thereto. (2) Whenever the Planning Board approves a subdivision plat and/or a site plan affecting land within an AHD District, a copy thereof shall be filed with the Building Inspector and the Special Projects Coordinator, together with copies of any agreements and/or covenants relating thereto. 10 . . . . Town of South old PC/Codebook for Windows (3) Whenever the Building Inspector shall issue a building permit, a certificate of occupancy or any other pennit or authorization affecting dwelling units and/or unimproved lots located in an AHD District and reserved for sale or lease to moderate-income families, a copy thereof shall be filed with the Special Projects Coordinator. C. Procedure. (1) Whenever the Building Inspector receives an application for a building permit or a certificate of occupancy for a dwelling unit or unimproved lot located in an AHD District and reserved for sale or lease to moderate-income families, the Building Inspector shall file a copy thereof with the Special Projects Coordinator, who shall inform the owner and/or person filing such application ofthe maximum sales price or monthly rent for such dwelling unit or lot as well as eligibility requirements for families seeking to purchase or lease such dwelling units or lots. (2) No building permit or certificate of occupancy may be issued by the Building Inspector until the Special Projects Coordinator has supplied the Building Inspector with the information provided for in the preceding subsection and the Building Inspector determines that the issuance of the building permit or certificate of occupancy will not permit a use, occupancy, sale or lease of a dwelling unit or unimproved lot in violation of the provisions of this article. (3) The Special Projects Coordinator shall certify the eligibility of all applicants for lease or purchase of dwelling units and unimproved lots reserved for moderate-income families. An owner of dwelling units and unimproved lots in an AHD District which are reserved for sale or lease to moderate-income families shall not sell or lease the same to any person who does not possess a certificate of eligibility issued by the Special Projects Coordinator. A violation ofthe provisions ofthis subsection shall constitute grounds for the revocation of a certificate of occupancy. (4) On or before March 31 of each year, the Special Projects Coordinator shall notify the owner or manager of dwelling units and unimproved lots reserved for moderate-income families of the monthly rent, sales price and income eligibility requirements for such units and lots based upon data derived from the preceding year. (5) The owner or manager of dwelling units and unimproved lots reserved for moderate-income families shall certify in writing to the Special Projects Coordinator on or before May 31 of each year, that the sale and/or lease of such dwelling units and lots comply with the provisions of this article and Chapter 280 of the Town Code. (6) When a dwelling unit reserved for lease to moderate-income families is to be rented, the lease for such unit shall not exceed a term of two years. 11 Town of Southold . PCICodebook for Windows (7) An applicant for a certificate of eligibility aggrieved by any determination of the Special Projects Coordinator shall have the right to appeal such determination to the Town Board at its next regularly scheduled work session or to any standing committee ofthe Town Board designated by resolution to hear such appeals. (8) The only covenants and restrictions which may even be placed upon any lot or dwelling unit in an AHD District must be first approved by action of the Town Board. ~ 280-32. Applicability of other Code provisions. All of the provisions of the Code of the Town of Southold not inconsistent or in conflict with the provisions of this article shall be applicable in the AHD District. ~ 280-32.1. Maintenance and upkeep. [Added 6-20-2006 by L.L. No. 10-2006) A. A dwelling unit and premises created in the AHD Zoning District after January 1, 2006, shall be maintained in accordance with the provisions of the Property Maintenance Code of New York State. B. Failure to comply with this section shall be a violation punishable by a fine of not less than . $250 and not more than $1,000. ~ 280-33. Penalties for offenses. Any violation of any provision of this article shall be punishable in the following manner: A. First offense: by a fine of not less than $1,000 nor more than $5,000. B. Second offense and for any offense thereafter: by a fine of not less than $5,000 and not more than $10,000 for each offense. C. Any offense under this article may be punishable by revocation of an existing certificate of occupancy. D. Any individual who has violated covenants and resolutions imposed pursuant to this article shall be prohibited from further participation in ownership opportunities and benefits within an approved AHD District. 12 . . . . Town of Southold PCICodebook for Windows Endnotes 1 (Popup - Popup) Editor's Note: This local law also repealed former Art. V, M-I General Multiple-Residence District, as amended. 2 (Popup - Popup) Editor's Note: This local law provided that it shall apply to development in an AHD District after 6-1-2004. 13 Town of Southold . PC/Codebook for Windows ARTICLE VIII, Residential Office (RO) District [Added 1-10-1989 by L.L. No. 1-1989EN(1); amended 5-9-1989 by L.L. No. 6-1989; 11-28-1989 by L.L. No. 22-1989; 12-12-1989 by L.L. No. 23-1989; 2-7-1995 by L.L. No. 3-1995; 10-19-1999 by L.L. No. 15-1999] ~ 280-37. Purpose. The purpose of the Residential Office (RO) District is to provide a transition area between business areas and low-density residential development along major roads which will provide opportunity for limited nonresidential uses in essentially residential areas while strongly encouraging the adaptive reuse of existing older residences, to preserve the existing visual character of the Town and to achieve the goal(s) of well-planned, environmentally sensitive, balanced development, which the Town has determined to be desirable. ~ 280-38. Use regulations. In the Residential Office (RO) District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. . (1) One-family detached dwellings, not to exceed one dwelling on each lot. (2) Owner-occupied two-family dwellings. (3) The following uses are permitted uses subject to site plan approval by the Planning Board: (a) Buildings, structures and uses owned or operated by the Town of South old, school districts, park districts and fire districts. (b) Buildings, structures and uses owned or operated by fraternal organizations and utilized for activities typically conducted by a fraternal organization, including but not limited to public meeting places, charitable and fund-raising events, patriotic observances and catering for public and private functions. (c) Bed-and-breakfast uses as set forth in and as regulated by S 280-13B(14). I . . Town of Southold PC/Codebookfor Windows (d) Professional offices. (e) Churches or similar places of worship, parish houses, convents and monasteries. (t) Libraries, museums, art galleries, exhibit halls, artists'/photographers' studios and dance studios. (g) Small business offices such as insurance agencies, real estate agencies, computer software services, financial planning securities brokers and like-kind small business establishments excluding retail sales of any kind or nature and limited to overall floor space of 3,000 square feet. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the Planning Board, provided that not more than one use shall be allowed for each 40,000 square feet oflot area: . (1) Special exception uses as set forth in and regulated by ~ 280-13B(I) through (7) of the Agricultural-Conservation District. (2) Funeral homes. (3) Apartments may be permitted over business and professional offices as regulated by ~ 280-45B(4)(a) through (t), inclusive.EN(2) (4) Restaurants, except fast-food or formula restaurants. (5) Custom workshops, provided that they shall not be all or part of a commercial center. C. Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XIX, are subject to site plan review: (1) Accessory uses as set forth in and regulated by ~ 280-13C(I) through (7) of the Agricultural-Conservation District and subject to the conditions set forth in ~ 280-15 thereof. (2) Accessory uses set forth in and regulated by ~ 280-22C(2) of the Hamlet Density Residential District. D. Additional standards. All permitted structures as set forth in this article, except for single-family dwellings, shall be subject to the following: (1) No outdoor storage or display of any kind shall be permitted. . 2 Town of Southold . PC/Codebookfor Windows (2) All permitted buildings and other structures shall be visually residential in character, the visible architectural features of which shall be consistent and compatible with the architectural styles of the existing structures in the immediate neighborhood; (3) Store fronts of any kind whatsoever shall not be permitted. ~ 280-39. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the Residential Office (RO) District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter, with the same force and effect as if such regulations were set forth herein in ful1.EN(3) ARTICLE IX, Limited Business (LB) District [Added 1-10-1989 by L.L. No. 1-1989EN(4); amended 5-9-1989 by L.L. No. 6-1989; 8-1-1989 by L.L. No. 5-1989; 11-29-1994 by L.L. No. 26-1994; 2-7-1995 by L.L. No. 3-1995; 8-22-1995 by L.L. No. 18-1995; 10-19-1999 by L.L. No. 14-1999] . ~ 280-40. Purpose. The purpose of the Limited Business (LB) District is to provide an opportunity to accommodate limited business activity along highway corridors, but in areas outside the hamlet central business areas, that is consistent with the rural and historic character of surrounding areas and uses. Emphasis will be placed on review of design features so that existing and future uses will not detract from surrounding uses. The additional uses must generate low amounts of traffic and be designed to protect the residential and rural character of the area. ~ 280-41. Use regulations. In the LB District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following uses are permitted uses. All permitted uses except single-family and owner-occupied two-family residences require site plan approval. (1) Any permitted use as set forth in and regulated by 9 280-13A of the 3 . . . . Town of Southold PC/Codebookfor Windows Agricultural-Conservation District except wineries, which shall be as set forth in Subsection A(9) below. (2) Retail businesses complementary to the rural and historic character of the surrounding area, limited to the following: (a) Custom workshops and machine shops. (b) Wholesale or retail sale and accessory storage and display of garden materials and plants, including nursery operations, provided that the outdoor storage or display of plants and materials does not obstruct pedestrian flow or vehicular traffic and does not occur within three feet of the property line. (c) Libraries or museums. (3) Professional and business offices. (4) Funeral homes. (5) Restaurants, except drive-in restaurants or formula restaurants. (6) Repair shops for household, business or personal appliances, including cabinet shops, carpenter shops, electrical shops, plumbing shops, furniture repair shops and bicycle and motorcycle shops, landscaping and other service businesses. (7) Hotels. (8) Retail uses supplemental to the service business establishment. (9) Wineries which meet the following standards: (a) Wineries shall be a farm winery licensed under New York State law from which wine made from primarily Long Island grapes is produced and sold. (b) Wineries shall obtain site plan approval. (c) Wineries shall have retail sales on site. (10) Bed-and-breakfast uses as set forth in and as regulated by 9 280-13B(14). (II) Private warehousing. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and are subject to site plan approval by the Planning Board: (I) Any special exception use as set forth in and regulated by 9 280-13B of the 4 Town of Southo/d PCICodebook for Windows . Agricultural-Conservation District, except that wineries are not required to be in connection with a vineyard, and except bed-and-breakfasts. (2) Contractors' businesses or yards, including but not limited to building, electrical and plumbing yards. (3) Telephone exchanges. (4) Antique, art and craft shops and galleries. C. Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XIX, are subject to site plan review: (1) Any accessory use as set forth in and regulated by ~ 280::13C(I) through (8) and (10) of the Agricultural-Conservation District, and subject to the conditions set forth in ~ 280-15 thereof. (2) Outside storage of equipment, supplies and materials associated with any of the normal operations of the principal use, provided that the storage is adequately screened along the road frontage and contiguous residential lots with natural vegetation, landscaping, fencing and/or as shall be deemed appropriate by the Planning Board. . ~ 280-42. Bulk, area and parking regulations. A. Except as otherwise provided herein, no buildings or premises shall be used and no building or part thereof shall be erected or altered in the LB District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in ful1.EN(5) B. The Planning Board may grant a limited waiver from the applicable bulk requirement for minimum lot size to a minimum of 40,000 square feet where it can be clearly demonstrated that the subject parcel has been held in single and separate ownership since January 10,1989, or earlier, based on competent evidence thereof pursuant to: (1) Chain oftitle certified by a title or abstract company or duly licensed attorney at law; and (2) A survey prepared by a licensed surveyor describing the subject premises and all contiguous property. 5 . . Town of South old PCICodebook for Windows ~ 280-43. Front yard setbacks. A. Structures shall be set back at least 100 feet from the right-of-way. B. There shall be an exception to Subsection A if the adjacent parcels are developed, in which case the minimum front yard setback shall be the average of the setbacks of the adjacent parcels. C. A project shall be divided into separate structures so that no single structure shall have more than 60 linear feet of frontage on one street. The setbacks of multiple structures on a parcel may vary, provided that the average setback ofthe structures meets the setback required above and all buildings are at least 75 feet from the right-of-way. ARTICLE X, Hamlet Business (HB) District [Added 1-10-1989 by L.L. No. 1-1989EN(6)] . ~ 280-44. Purpose. The purpose ofthe Hamlet Business (HB) District is to provide for business development in the hamlet central business areas, including retail, office and service uses, public and semipublic uses, as well as hotel and motel and multifamily residential development that will support and enhance the retail development and provide a focus for the hamlet area. ~ 280-45. Use regulations. [Amended 5-9-1989 by L.L. No. 6-1989; 12-12-1989 by L.L. No. 23-1989; 7-31-1990 by L.L. No. 16-1990; 5-16-1994 by L.L. No. 9-1994; 11-26-1994 by L.L. No. 26-1994; 2-7-1995 by L.L. No. 3-1995; 10-17-1995 by L.L. No. 21-1995; 5-6-2003 by L.L. No. 10-2003] In the HB District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following are permitted uses and, except for those uses permitted under Subsection A(l), (2), (3) and (20) hereof, are subject to site plan approval by the Planning Board: [Amended 4-20-2004 by L.L. No. 11-2004] (1) One-family detached dwelling, not to exceed one dwelling on each lot. The dwelling . 6 Town of Sou/hold PC/Codebook for Windows must be occupied by the owner of the property. (2) Two-family dwelling, not to exceed one dwelling on each lot. The dwelling must be occupied by the owner of the property. (3) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. (4) Boardinghouses and tourist homes. (5) Business, professional and governmental offices. (6) Banks and financial institutions. (7) Retail stores, up to a maximum of 6,000 total square feet of gross floor area in any building (excluding unfinished basement and attic areas), notwithstanding the provisions of the Bulk Schedule for Business, Office and Industrial Districts. EN(?) Such retail stores greater than 3,000 total square feet shall comply with the retail building standards for HB Districts listed below, in addition to the site plan requirements of this chapter: (a) Building massing and facade treatment. [1] Variation in massing. [a] A standardized building mass shall be prohibited. For the purposes of this subsection, the term "standardized" shall include an array of articulated elements, layout, design, logos or similar exterior features that have been applied to four or more retail buildings nationwide. [b) Exterior building walls facing side yards shall include materials and design characteristics consistent with those on the front of the building. [2] Building walls that face public streets, connecting pedestrian walkways, or adjacent development shall meet the following standards: [a] Facades shall be subdivided and proportioned using features such as windows, entrances, arcades, arbors, awnings, trellises with vines, or alternate architectural detail that defines human scale, along no less than 60% of the facade. [b) To maintain the "Main Street" character in the Hamlet Centers, where practical, buildings shall be sited with a zero or minimum setback from the front property line or primary pedestrian walkways and be transparent between the height of three feet and eight feet above the grade of the walkway for no less than sixty 60% ofthe horizontal length of the building 7 . . . . Town of Southold PCICodebookfor Windows facade. [3] Awnings. [a] Awnings shall be no longer than a single storefront. [b) Fabric awnings and canvas awnings with a matte finish are permitted. Awnings with high-gloss finish and illuminated, plastic awnings are prohibited. [4] Customer entrances. Buildings shall have clearly defmed, highly visible customer entrance(s) featuring no fewer than three of the following: [a] Canopies or porticos; [b) Overhangs; [c) Recesses/Projections; [d) Arcades; . [e) Raised corniced parapets over the door; [f] Peaked roofforms; [g) Arches; [h) Outdoor patios; [i) Display windows; [j] Architectural detail such as tile work and moldings integrated into the building structure and design; or [k] Integral planters or wing walls that incorporate landscaped areas and/or places for sitting. [5] Buildings containing a drive-through or drive-up window are prohibited. (b) Building materials. [I] All buildings should be constructed or clad with materials that are durable, economically maintained, and of a quality that will retain their appearance over time, including, but not limited to, natural or synthetic stone; brick; stucco; integrally colored, textured, or glazed concrete masonry units or glass. . 8 Town of Southold PC/Codebookfor Windows . [2] Exterior building materials shall not include the following: [a] Smooth-faced gray concrete block, painted or stained concrete block, unfinished tilt-up concrete panels; [b] Field-painted or pre-finished standard corrugated metal siding; (c) Signage. [1] Advertisements, including trademark logos and service marks, may not be affixed, painted or glued onto the windows of the business or onto any exterior structures, including waste disposal receptacles and flags. [2] Florescent and backlit signs located within or on a building or structure and facing an exterior public space are prohibited. (d) Site design. [1] The principal building entrance shall face the primary street frontage and/or sidewalk where practical. [2] New construction along primary pedestrian walkways within the Hamlet Centers shall have a zero or minimum setback from the sidewalk/front property line, . whenever possible, to reinforce the "Main Street" street wall. (e) Off-street parking. [1] Off-street parking shall not be located in the front yard between the front facade of the building(s) and the primary abutting street. Parking areas must be located in the side and rear yards ofthe building. Adequate parking shall be provided in accordance with that required by Article xvrn of this chapter of the Town of Southold Town Code. [2] Parking areas shall be screened from adjacent properties, streets and public sidewalks, pursuant to 9 280-95, Landscaped parking area. (8) Restaurants, excluding formula food and take-out restaurants. (9) Bakeshops (for on-premises retail sale). (10) Personal service stores and shops, including barbershops, beauty parlors, professional studios and travel agencies. (11) Art, antique and auction galleries. 9 . . . . Town of Southo/d PC/Codebookfor Windows (12) Artists' and craftsmen's workshops. (13) Auditoriums or meeting halls. (14) Repair shops for household, business or personal appliances, including cabinet shops, carpenter shops, electrical shops, plumbing shops, furniture repair shops and bicycle and motorcycle shops. (15) Custom workshops. (16) Bus or train stations. (17) Theaters or cinemas (other than outdoor). (18) Libraries or museums. (19) Laundromats. (20) Bed-and-breakfast uses as set forth in and as regulated by ~ 280-13B(14). (21) Multiple dwellings. (22) Grocery stores up to a maximum of25,000 square feet of gross floor area, exclusive of unfinished basements or attic areas, notwithstanding the provisions of the bulk schedule. [Added 6-20-2006 by L.L. No. 8-2006] B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection B( 1 0), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board: [Amended 6-20-2006 by L.L. No. 8-2006] (1) Any special exception use set forth in and as regulated by %%'entity-sect'%% 280-13B(3) to (6) and (13) and (14) ofthe Agricultural-Conservation District. (2) Motel and hotel uses as set forth in and regulated by ~ 280-35B(4) of the Resort Residential (RR) District, except that minimum lot size shall be three acres. (3) Boarding and/or tourist homes as set forth and regulated by ~ 280-35B(5) of the Resort Residential (RR) District. (4) Fraternal or social institutional offices or meeting halls. (5) Drinking establishments. 10 Town of Southold PC/Codebook for Windows . (6) Public garages. (7) Funeral homes. (8) Flea markets. (9) Takeout and formula food restaurants, subject to the following requirements: (a) Adequate parking shall be provided in accordance with that required by Article XVll, Parking and Loading Areas, ofthis chapter. All parking spaces shall be located within reasonable walking distance of the site or 300 feet, whichever is less. The improvement or development of municipal parking may be used to satisfy this requirement. The adequacy of municipal parking shall be determined by the Planning Board as part of its site plan review procedure by conducting a parking survey of the capacity of the existing municipal parking area to accommodate the projected increase in usage due to the introduction ofthe subject land use. (b) An assessment of the potential traffic impacts of the proposed use must accompany the long environmental assessment form. The appropriate mitigation measures must be incorporated into the site plan. (c) There shall be no counter serving outdoor traffic via a drive-in, drive-through, drive-up, drive-by or walk-up window or door. (d) Exterior signage shall conform in all respects to Article XIX, Signs, of this chapter and, further, may not be lit from within. (e) Advertisements, including trademark logos, may not be affixed, painted or glued onto the windows of the business or onto any exterior structures, including waste disposal receptacles and flags. (f) The physical design, including color and use of materials, of the establishment shall be compatible with and sensitive to the visual and physical characteristics of other buildings, public spaces and uses in the particular location. (10) Retail stores in excess of6,000 total square feet of gross floor area in any building, up to a maximum of 12,000 total square feet of such gross floor area in any building (excluding unfinished basement and attic areas), subject to the following requirements: [Added 6-20-2006 by 1.1. No. 8-2006] (a) Compliance with the retail building standards listed below, in addition to the site plan requirements of this chapter. [I] Building massing and facade treatment. 11 . . . Town of South old PC/Codebookfor Windows [a] Variation in massing. [i] A standardized dominant building mass shall be prohibited. For the purposes of this subsection, the term "standardized" shall include an array of architectural elements, layout, design, logos or similar exterior features that have been applied to four or more retail buildings rtationwide. . [ii] Exterior building walls facing side yards shall include materials and design characteristics consistent with those on the front of the building. [iii] Building walls that face public streets, connecting pedestrian walkways, or adjacent development shall meet the following standards: [A] Facades shall be subdivided and proportioned using features such as windows, entrances, arcades, arbors, awnings, trellises with vines, or alternate architectural detail that defines human scale, along no less than 60% ofthe facade. [B] To maintain the "Main Street" character in the Hamlet Centers, where practical, buildings shall be sited with a zero or minimum setback from the front property line or primary pedestrian walkways and be transparent between the height ofthree feet and eight feet above the grade of the walkway for no less than 60% of the horizontal length of the building facade. [C] Buildings shall achieve architectural variation through the inclusion of architectural features such as columns, ribs or pilasters, piers, changes in wall planes and changes in texture or materials consistent with the architecture of adjacent buildings and community character. [b ] Awnings. [i] Awnings shall be no longer than a single storefront. [ii] Fabric awnings and canvas awnings with a matte finish are permitted. Awnings with high-gloss finish and illuminated, plastic awnings are prohibited. [c] Customer entrances. Buildings shall have clearly defined, highly visible customer entrance(s) featuring no fewer than three of the following: . 12 Town of Southold . PC/Codebookfor Windows [i] Canopies or porticos; [ii] Overhangs; [iii] RecessesIProjections; [iv] Arcades; [v] Raised corniced parapets over the door; [vi] Peaked roof forms; [vii] Arches; [viii] Outdoor patios; fix] Displaywindows; [x] Architectural detail such as tile work and moldings integrated into the building structure and design; or [xi] Integral planters or wing walls that incorporate landscaped areas and/or places for sitting. [d] Buildings containing a drive-through or drive-up window are prohibited. [2] Building materials. [a] All buildings should be constructed or clad with materials that are durable, economically maintained, and of a quality that will retain their appearance over time, including, but not limited to, natural or synthetic stone; brick; stucco; integrally colored, textured, or glazed concrete masonry units or glass. [b] Exterior building materials shall not include the following: [c] Smooth-faced gray concrete block, painted or stained concrete block, unfinished tilt-up concrete panels; [d] Field-painted or pre- finished standard corrugated metal siding. [3] Signage. [a] Advertisements, including trademark logos and service marks, may not be affixed, painted or glued onto the windows of the business or onto any exterior structures, including waste disposal receptacles and flags. 13 . . . Town of Southold PCICodebookfor Windows [b] Florescent and backlit signs located within or on a building or structure and facing an exterior public space are prohibited. [4] Site design. [a] The principal building entrance shall face the primary street frontage and/or sidewalk where practical. [b] New construction along primary pedestrian walkways within the Hamlet Centers shall have a zero or minimum setback from the sidewalk/front property line, whenever possible, to reinforce the "Main Street" street wall. . [5] Off-street parking. [a] Off-street parking shall not be located in the front yard between_the front facade of the building(s) and the primary abutting street. Parking areas must be located in the side and rear yards of the building. Adequate parking shall be provided in accordance with that required by Article xvm of this chapter of the Town of South old Town Code, [b] Parking areas shall be screened from adjacent properties, streets and public sidewalks, pursuant to S 280-95, Landscaped parking area. (b) The Planning Board shall determine that the proposed retail store(s) will not have an undue adverse impact on the community. In making such a determination, the Planning Board shall conduct or hire a consultant to conduct a Market and Municipal Impact Study, at the expense of the applicant. The study shall be completed within 90 days of receipt of all requested materials, and the applicant shall be afforded the opportunity to submit its own such study. The Planning Board shall make such determination within 30 days of its receipt of the study. Such study shall include an analysis of the projected impact of the retail store(s) on: [1] The existing local retail market, including market shares, if applicable. [2] The supply and demand for local retail space. [3] Local wages, benefit and employment. [4] Revenues retained within the local economies of the Town of South old. [5] Public service and facilities costs. [6] Public revenues. . 14 Town of Southo/d PC/Codebookfor Windows . [7] Impacts on municipal taxes. [8] Impacts of property values in the community. [9] Effects on retail operations in the surrounding market area. [10] Employee housing needs, if applicable. [11] The Town of South old's ability to implement its Comprehensive Plan consistent with the proposed project. C. Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are subject to Article XIX, are subject to site plan review: (1) Accessory uses as set forth in and regulated by ~ 280-13C(1) through (7) of the Agricultural-Conservation District, and subject to the conditions set forth in ~ 280-15 thereof. (2) Apartments are permitted within the principal building only, subject to the following requirements: (a) The Building Department issuing an accessory apartment permit. (b) The habitable floor area of each apartment shall be at least 350 square feet. (c) There shall be no more than three apartments created or maintained in any single structure. . (d) Each apartment shall have at least one off-street parking space. (e) Construction and/or remodeling of an existing structure to create an accessory apartment shall not trigger the need for site plan approval set forth specifically in ~ 280-127 and Article XXIV in general unless such construction or remodeling results in an increase of the foundation size of the structure. (t) The apartment(s) shall not comprise more than 40% of the principal building. ~ 280-46. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the HB District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such 15 . . . . Town of South old PC/Codebookfor Windows regulations were set forth herein in full. EN(8) ARTICLE XI, General Business (B) District [Added 1-10-1989 by L.L. No. 1-1989EN(9)] ~ 280-47. Purpose. The purpose of the General Business (B) District is to provide for retail and wholesale commercial development and limited office and industrial development outside of the hamlet central business areas, generally along major highways. It is designed to accommodate uses that benefit from large numbers of motorists, that need fairly large parcels ofland and that may involve characteristics such as heavy trucking and noise. ~ 280-48. Use regulations. [Amended 5-9-1989 by L.L. No. 6-1989; 8-1-1989 by L.L. No. 15-1989; 8-13-1991 by L.L. No. 19-1991; 7-13-1993 by L.L. No. 11-1993; 5-16-1994 by L.L. No. 9-1994; 11-29-1994 by L.L. No. 26-1994; 12-27-1994 by L.L. No. 30-1994; 2-7-1995 by L.L. No. 3-1995; 10-17-1995 by L.L. No. 21-1995; 11-19-2002 by L.L. No. 7-2002; 5-6-2003 by L.L. No. 9-2003) In the B District, no building or premises shall be used and no building or part thereof shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(I), (12) and (13) hereof, are subject to site plan approval by the Planning Board: (1) Any permitted use set forth in and regulated by 9 280- 13A(2) and (3) ofthe Agricultural-Conservation District. (2) Any permitted use set forth in and regulated by 9 280-9IA(3) to (22) of the Hamlet Business District, except Subsection A(7) as applicable in the Business District is herein modified as follows: [Amended 6-20-2006 by 1.1. No. 8-2006] (a) Retail stores, up to a maximum of 8,000 total square feet of gross floor area in any building (excluding unfinished basement and attic areas), notwithstanding the provisions of the Bulk Schedule for Business, Office and Industrial Districts. EN(1 0) Such retail stores greater than 4,000 total square feet shall comply with the retail 16 Town of Southold . PCICodebookfor Windows building standards for B Districts listed below, in addition to the site plan requirements of this chapter. [I] Building massing and facade treatment. [ a] Variation in massing. [i] A standardized building mass shall be prohibited. For purposes of this subsection, the term "standardized" shall include an array of architectural elements, layout, design, logos or similar exterior features that have been applied to four or more retail buildings nationwide. [ii] Exterior building walls facing side yards shall include materials and design characteristics consistent with those on the front of the building. [iii] Building walls that face public streets, connecting pedestrian walkways, or adjacent development shall meet the following standards: [A] Facades shall be subdivided and proportioned using features such as windows, entrances, arcades, arbors, awnings, trellises with vines, or alternate architectural detail that defines human scale, along no less than 60% of the facade. . [b] Awnings. [i] Awnings shall be no longer than a single storefront. [ii] Fabric awnings and canvas awnings with a matte finish are permitted. Awnings with high-gloss finish and illuminated, plastic awnings are prohibited. [c] Customer entrances. Retail buildings shall have clearly defined, highly visible customer entrance(s) featuring no less than three of the following: [i] Canopies or porticos; [ii] Overhangs; [iii] Recesses/Projections; [iv] Arcades; [v] Raised corniced parapets over the door; [vi] Peaked roof forms; 17 . . Town of Southold PC/Codebookfor Windows . [vii] Arches; [viii] Outdoor patios; [ix] Displaywindows; [x] Architectural detail such as tile work and moldings integrated into the building structure and design; or [xi] Integral planters or wing walls that incorporate landscaped areas and/or places for sitting. [d) Buildings containing a drive-through or drive-up window are prohibited. [2] Building materials. [ a] All primary buildings should be constructed or clad with materials that are durable, economically maintained, and of a quality that will retain their appearance over time, including, but not limited to, natural or synthetic stone; brick; stucco; integrally colored, textured, or glazed concrete masonry units or glass. [b) Exterior building materials shall not include the following: [i) Smooth-faced gray concrete block, painted or stained concrete block, unfinished tilt-up concrete panels. [ii] Field-painted or pre-finished standard corrugated metal siding. [3] Signage. [a] Advertisements, including trademark logos and service marks, may not be affixed, painted or glued onto the windows of the business or onto any exterior structures, including waste disposal receptacles and flags. [b) Florescent and backlit signs located within or on a building or structure and facing an exterior public space are prohibited. [4] Site design. [a] The principal building entrance shall face the primary street frontage and/or sidewalk where practical. . [5] Off-street parking. [a] No greater than 30% of the off-street parking spaces provided for all uses 18 Town of South old PC/Codebookfor Windows contained in the development's building(s) shall be located between the front facade of the building(s) and the primary abutting street. Adequate parking shall be provided in accordance with that required by Article xvm ofthis chapter of the Town of Southold Town Code. [b] Parking areas shall be screened from adjacent properties, streets and public sidewalks, pursuant to 9 280-95, Landscaped parking area. (3) Wholesale businesses, private warehousing and public warehousing, and building material storage and sale, but excluding storage of coal, coke, fuel oil or junk. (4) Building, electrical and plumbing contractors' businesses or yards. (5) Cold storage plants, baking and other food processing and packaging plants that are not offensive, obnoxious or detrimental to neighboring uses by reason of dust, smoke,. vibration, noise, odor or effluent. (6) Wholesale or retail sale and accessory storage and display of garden materials, supplies and plants, including nursery operations, provided that the outdoor storage or display of plants and materials does not obstruct pedestrian flow or vehicular traffic and does not occur within three feet of the property line. (7) Wholesale/retail beverage distribution. (8) Funeral homes. (9) Train or bus stations. (10) Telephone exchanges. (11) Wineries which meet the following standards: (a) It shall be a farm winery licensed under New York State law from which wine made from primarily Long Island grapes is produced and sold. (b) It shall obtain site plan approval. (c) It shall have retail sales on site. (12) One-family detached dwelling, not to exceed one dwelling on each lot. (13) Two-family dwelling, not to exceed one dwelling on each lot. The dwelling must be occupied by the owner of the property. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except 19 . . . . . . Town of Southo/d PC/Codebookfor Windows Subsection B(17), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board. [Amended 6-20-2006 by 1.1. No. 8-2006] (I) Any special exception use as set forth in and regulated by 9 280-13B(2) to (12), except wineries are not required to be in connection with a vineyard. (2) Hotel or motel uses as set forth in and regulated by 9 280-35B( 4) ofthe Resort Residential (RR) District, except that the minimum lot size shall be three acres. (3) Bed-and-breakfast enterprises or boarding and/or tourist homes as set forth in and regulated by 9 280-13B(14) of the Agricultural-Conservation District, except that no site plan approval is required. (4) Tourist camps as regulated by Chapter 253, Tourist and Trailer Camps, of the Town Code. (5) Research, design or development laboratories, provided that any manufacturing shall be limited to prototypes and products for testing. (6) Fully enclosed commercial recreation facilities, including but not limited to tennis clubs, skating rinks, paddle tennis, handball and squash facilities, dance halls, billiard parlors, bowling alleys, health spas and clubs and uses normally accessory and incidental to commercial recreation, such as locker rooms, eating and drinking facilities and retail sale of goods associated with the particular activity. (7) Laundry or dry-cleaning plants, subject to the following conditions: (a) All processes and storage shall be carried on within an enclosed building. (b) All fluids used in processing shall be recycled, and the overall facility shall be designed, located and operated to protect surface waters and the groundwater reservoir from pollution. (8) Fraternal or social institutional offices or meeting halls (nonprofit). (9) Take-out restaurants, provided that eating on the premises of the take-out restaurant shall be permitted only inside the structure or in areas specifically designated and properly maintained outside of the structure and where the minimum lot size for a freestanding structure is 40,000 square feet. (10) Drinking establishments. (II) Automobile laundries. 20 Town of South old PC/Codebookfor Windows (12) Public garages, gasoline service stations, new and used motor vehicle lots, vehicle sales and rental, including the sale of recreation vehicles and trailers and boat sales, with accessory repair facilities, all subject to the following requirements: (a) Entrance and exit driveways shall have an unrestricted width of not less than 12 feet and not more than 30 feet and shall be located not less than 10 feet from any property line and shall be so laid out as to avoid the necessity of any vehicle backing out across any public right-of-way. (b) Sale of used vehicles or boats shall be conducted only as accessory to the sale of new vehicles or boats. . (c) Vehicle lifts or pits, dismantled automobiles, boats and vehicles and all parts or supplies shall be located within a building. Cd) All service or repair of motor vehicles, other than such minor servicing as change of tires or sale of gasoline or oil, shall be conducted in a building. ( e) The storage of gasoline or flammable oils in bulk shall be located fully underground and not less than 35 feet from any property line other than the street line. (f) No gasoline or fuel pumps or tanks shall be located less than IS feet from any street . or property line. (g) No gasoline service or repair shops or similar businesses are to be located within 300 feet of a church, public school, library, hospital, orphanage or rest home. (13) Partial self-service gasoline service stations, subject to all ofthe provisions of S 280-48B(12) herein and the following additional requirements: (a) Each partial self-service gasoline facility shall have a qualified attendant on duty whenever the station is open for business. It shall be the duty of the qualified attendant to control and operate both the console regulating the flow of gasoline to the dispensing equipment thereafter to be operated by the customer at the self-service pump island and the dispensing equipment on the other pump islands. (b) Gasoline shall at no time be dispensed without the direct supervision of the qualified attendant. A control shall be provided which will shut off the flow of gasoline to the dispensing equipment at the self-service pump island whenever the qualified attendant is absent from the control console for any reason whatever, including when he is operating the dispensing equipment on the other pump islands. (c) The console regulating the flow of gasoline to the remote dispensing equipment thereafter operated by the customer at the self-service pump island shall be situated 21 . . Town of Southo/d PC/Codebookfor Windows in such a manner as to give the qualified attendant controlling said console an unobstructed view of the operation of said remote dispensing equipment. (d) The self-service pump island shall have controls on all pumps that will permit said pumps to operate only when a dispensing nozzle is removed from its bracket on the pump and the switch for this pump is manually operated. (e) The self-service pump island shall be protected by an automatic fire-protection system in the form of an approved system of dry powder release which will act as an automatic fire extinguisher. (f) No customer shall be permitted to dispense gasoline unless he shall possess a valid motor vehicle operator's license. . (g) There shall be no latch-open device on any self-service dispensing nozzle. (14) Private transportation service, including garage and maintenance facilities. (15) Formula food restaurants located within a shopping center in this zone, subject to the following requirements: (a) There must be sufficient parking as provided for by the Article XVIII, Parking and Loading Areas, ofthis chapter, and such parking area shall be available within the shopping center site to accommodate the use. (b) The operation ofthe establishment shall not create traffic problems. (c) There shall be no counter serving outdoor traffic via a drive-in, drive-through, drive-up, drive-by or a walk-up window or door. (d) Exterior signage shall conform in all respects to Article XIX, Signs, of this chapter and, further, may not be lit from within. . (e) Advertisements, including trademark logos, may not be affixed, painted or glued onto the windows ofthe business or onto any exterior structure, including waste disposal receptacles and flags. (f) The signage must conform to the existing color theme and signage style of the shopping center. (g) The existing exterior architectural style of the shopping center building may not be altered or modified in any way to accommodate the proposed use. (h) The use must be located within the shopping center's main primary building complex and may not be located within a single freestanding structure within the shopping 22 Town of Southold . PC/Codebookfor Windows center site. (16) Flea markets. (17) Retail stores in excess of 8,000 total square feet of gross floor area in any building, up to a maximum of 15,000 total square feet of such gross floor area in any building (excluding unfinished basement and attic areas), subject to the following requirements: [Added 6-20-2006 by 1.1. No. 8-2006] (a) Compliance with the retail building standards for B Districts listed below, in addition to the site plan requirements of this chapter. [1] Building massing and facade treatment. [a] Variation in massing. [i] A standardized building mass shall be prohibited. For purposes of this subsection, the term "standardized" shall include an array of architectural elements, layout, design, logos or similar exterior features that have been applied to four or more retail buildings nationwide. [ii] Exterior building walls facing side yards shall include materials and . design characteristics consistent with those on the front of the building. [iii] Building walls that face public streets, connecting pedestrian walkways, or adjacent development shall meet the following standards: [A] Facades shall be subdivided and proportioned using features such as windows, entrances, arcades, arbors, awnings, trellises with vines, or alternate architectural detail that defines human scale, along no less than 60% of the facade. [B] Buildings shall achieve architectural variation through the inclusion of architectural features such as columns, ribs or pilasters, piers, changes in wall planes and changes in texture or materials consistent with the architecture of adjacent buildings and community character. [b] Awnings. [i] Awnings shall be no longer than a single storefront. [ii] Fabric awnings and canvas awnings with a matte finish are permitted. Awnings with high-gloss finish and illuminated, plastic awnings are 23 . . Town of South old PCICodebookfor Windows prohibited. [c] Customer entrances. Retail buildings shall have clearly defined, highly visible customer entrance(s) featuring no less than three of the following: [i] Canopies or porticos; [ii] Overhangs; [iii] RecesseslProjections; [iv] Arcades; . [v] Raised corniced parapets over the door; [vi] Peaked roof forms; [vii] Arches; [viii] Outdoor patios; [ix] Displaywindows; [x] Architectural detail such as tile work and moldings integrated into the building structure and design; or [xi] Integral planters or wing walls that incorporate landscaped areas and/or places for sitting. [d] Buildings containing a drive-through or drive-up window are prohibited. [2] Building materials. [a] All primary buildings should be constructed or clad with materials that are durable, economically maintained, and of a quality that will retain their appearance over time, including, but not limited to, natural or synthetic stone; brick; stucco; integrally colored, textured, or glazed concrete masonry units or glass. [b] Exterior building materials shall not include the following: [i] Smooth-faced gray concrete block, painted or stained concrete block, unfinished tilt-up concrete panels. [ii] Field-painted or pre-finished standard corrugated metal siding. . 24 Town of South old . PC/Codebook for Windows [3] Signage. [ a] Advertisements, including trademark logos and service marks, may not be affixed, painted or glued onto the windows of the business or onto any exterior structures, including waste disposal receptacles and flags. [b] Florescent and backlit signs located within or on a building or structure and facing an exterior public space are prohibited. [4] Site design. [a] The principal building entrance shall face the primary street frontage and! or sidewalk where practical. [5] Off-street parking. [ a] No greater than 30% of the off-street parking spaces provided for all uses contained in the development's building(s) shall be located between the front facade ofthe building(s) and the primary abutting street. Adequate parking shall be provided in accordance with that required by Article xvm of this chapter of the Town of Southold Town Code. [b] Parking areas shall be screened from adjacent properties, streets and public sidewalks, pursuant to ~ 280-95, Landscaped parking area. (b) The Planning Board shall determine that the proposed retail store( s) will not have an undue adverse impact on the community. In making such a determination, the Planning Board shall conduct or hire a consultant to conduct a Market and Municipal Impact Study, at the expense of the applicant. The study shall be completed within 90 days of receipt of all requested materials, and the applicant shall be afforded the opportunity to submit its own such study. The Planning Board shall make such determination within 30 days of its receipt of the study. Such study shall include an analysis of the projected impact of the retail store(s) on: [1] The existing local retail market, including market shares, if applicable. [2] The supply and demand for local retail space. [3] Local wages, benefit and employment. [4] Revenues retained within the local economies of the Town of South old. [5] Public service and facilities costs. 25 . . . . . Town of Southold PCICodebookfor Windows [6] Public revenues. [7] Impacts on municipal taxes. [8] Impacts of property values in the community. [9] Effects on retail operations in the surrounding market area. [10] Employee housing needs, if applicable. [11] The Town of Southold's ability to implement its Comprehensive Plan consistent with the proposed project. C. Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XIX, are subject to site plan review: (1) Accessory uses set forth in and as regulated by ~ 280-13C(1) through (8) and (10) ofthe Agricultural-Conservation District, subject to the conditions set forth in ~ 280-15 thereof. (2) Open storage of materials or equipment, provided that such storage shall be at least 25 feet from any lot line, not be more than six feet high and be suitably screened by a solid fence or other suitable means of at least six feet in height. (3) Apartments are permitted within the principal building only, subject to the following requirements: (a) The Building Department issuing an accessory apartment permit. (b) The habitable floor area of each apartment shall be at least 350 square feet. (c) There shall be no more than three apartments created or maintained in any single structure. (d) Each apartment shall have at least one off-street parking space. (e) Construction and/or remodeling of an existing structure to create an accessory apartment shall not trigger the need for site plan approval set forth specifically in ~ 280-127 and Article XXIV in general unless such construction or remodeling results in an increase of the foundation size of the structure. (f) The apartment(s) shall not comprise more than 40% ofthe principal building. 26 Town of Southold PC/Codebook for Windows . ~ 280-49. Bulk, area and parking requirements. No building or premises shall be used and no building or part thereof shall be erected or altered in the B District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full.EN(!!) ~ 280-50. Front yard setbacks. [Added 8-22-1995 by L.L. No. 18-1995] A. Structures shall be set back at least 100 feet from the right-of-way. B. There shall be an exception to Subsection A ifthe adjacent parcels are developed, in which case the minimum front yard setback shall be the average of the setbacks of the adjacent parcels. C. A project shall be divided into separate structures so that no single structure shall have more than 60 linear feet of frontage on one street. The setbacks of multiple structures on a parcel may vary, provided that the average setback of the structures meets the setback required above and all buildings are at least 75 feet from the right-of-way. . 27 . . Town of Southo/d PC/Codebook for Windows Endnotes 1 (Popnp - Popup) Editor's Note: This local law also repealed former Art. VII, B-1 General Business District, as amended. 2 (Popup - Popup) Editor's Note: Former Subsection B(4) was amended 5-6-2003 by L.L. No. 10-2003. For regulations on apartments, see now ~ 280-45C. 3 (Popup - Popup) Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking and Loading Schedules are in ~~ 280-78 and 280-79. 4 (Popup - Popup) Editor's Note: This local law also repealed former Art. vm, C Light Industrial District, as amended. . 5 (popup - Popup) Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking and Loading Schedule are in ~~ 280-78 and 280-79. 6 (Popup - Popup) Editor's Note: This local law also repealed former Art. IX, C-I General Industrial District, as amended. 7 (popup - Popup) Editor's Note: The Bulk Schedule for Business, Office and Industrial Districts is included at the end of this chapter. 8 (Popup - Popup) Editor's Note: The Bulk Schedule is included at the end ofthis chapter, and the Parking and Loading Schedules are in ~ ~ 280-78 and 280- 79. 9 (Popup - Popup) Editor's Note: Editor's Note: This local law also repealed former Art. X, Tourist Camps, Camp Cottages and Trailers. . 28 Town of Southold PC/Codebookfor Windows 10 (Popup - Popup) Editor's Note: The Bulk Schedule for Business Office and Industrial Districts is included at the end of this chapter. 11 (popup - Popup) Editor's Note: The Bulk Schedule is included at the end ofthis chapter, and the Parking and Loading Schedules are in ~~ 280-78 and 280-79. 29 . . . . Town of Southold PCICodebookfor Windows ARTICLE XIII, Marine II (Mil) District [Added 1-10-1989 by L.L. No. 1-1989] ~ 280-54. Purpose. The purpose of the Marine II (MIl) District is to provide a waterfront location for a wide range of water-dependent and water-related uses, which are those uses which require or benefit from direct access to or location in marine or tidal waters and which, in general, are located on major waterways, open bayfronts or the Long Island Sound. ~ 280-55. Use regulations.- In the MIl District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following (one use per 80,000 square feet ofland above mean high water, unless otherwise specified): . A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(I) hereof, are subject to site plan approval by the Planning Board: [Amended 5-9-1989 by L.L. No. 6-1989] (I) One one-family detached dwelling per single and separate lot of record in existence as of the date of adoption ofiliis article. (2) Marinas for the docking, mooring and accommodation of recreational or commercial boats, including the sale of fuel and oil primarily for the use of boats accommodated in such marina. (3) Boat docks, slips, piers or wharves for charter boats carrying passengers on excursions, pleasure or fishing trips or for vessels engaged in fishery or shellfishery. (4) Beach clubs, yacht clubs or boat clubs, including uses accessory to them, such as swimming pools, tennis courts and racquetball facilities. (5) Boat yards for building, storing, repairing, renting, selling or servicing boats, which may include the following as an accessory use: office for the sale of marine equipment or products, dockside facilities for dispensing of fuel and, where pumpout stations are provided, rest room and laundry facilities to serve overnight patrons. . 1 Town of South old .. PC/Codebookfor Windows (6) Mariculture or aquaculture operations or research and development. (7) Boat and marine engine repair and sales and display, yacht brokers or marine insurance brokers. (8) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. (9) Retail sale or rental of fishing, diving or bathing supplies and equipment if accessory to a marina or boatyard or ship's loft or chandlery. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board: (I) Restaurants, excluding outdoor counter-service, drive-ins or curb-service establishments. Such prohibition shall not prevent service at tables on a covered or uncovered terrace or porch incidental to a restaurant. (2) Ferry terminals. (3) Transient hotels or motels, subject to the following conditions: (a) The minimum area for such use shall be not less than three acres. (b) The number of guest rooms permitted in the hotel or motel shall be determined by the proportion of the site utilized for such use and the availability of public water and sewer. The maximum number of guest units shall be one unit per 4,000 square feet ofland with public water and sewer. (4) Fish processing plants. (5) Fish markets, which may include a combination of wholesale and retail sale of finfish and shellfish. . (6) Museums with a nautical theme or art galleries. C. Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XIX, are subject to site plan review: [Amended 5-9-1989 by 1.1. No. 6-1989] (I) Accessory uses as set forth in and regulated by 9 280-13C(I) through (7) ofthe Agricultural-Conservation District, and subject to the conditions of 9 280-15 thereof.EN(I) 2 . . . . Town of South old PC/Codebookfor Windows ~ 280-56. Bulk, area aud parkiug regulations. No building shall be used and no building or part thereof shall be erected or altered in the MIl District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect if such regulations were set forth herein in full.EN(2) 3 Town of Southold PCICodebookfor Windows Endnotes 1 (Popnp - Popnp) Editor's Note: Former Subsection C(2), which regulated signs and immediately followed this subsection, was repealed 11-29-1994 by L.L. No. 25-1994. For current sign provisions, see Art. XIX, Signs. 2 (Popnp - Popup) Editor's Note: The Bulk Schedule is included at the end ofthis chapter, and the Parking and Loading Schedules are in ~~ 280-78 and 280-79. 4 . . . . . . Town of South old PC/Codebookfor Windows ARTICLE XV, Light Industrial (L1) District [Added 1-10-1989 by L.L. No. 1-1989] ~ 280-61. Purpose. The purpose of the Light Industrial (LI) District is to provide an opportunity for business and industrial uses on smaller lots than would be appropriate for the 110 Light Industrial ParkIPlanned Office Park District. ~ 280-62. Use regulations. - In the 11 District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(l) and (2) hereof, are subject to site plan approval by the Planning Board: [Amended 5-9-1989 by 1.1. No. 6-1989; 11-29-1994 by 1.1. No. 26-1994; 4-28-1997 by 1.1. No. 6-1997] (1) The agricultural operations and accessory uses, including irrigation, the raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of products grown on the premises, the keeping, breeding, raising and training of horses, domestic animals and fowl, bams, storage buildings, greenhouses and other related structures to the same extent and subject to the same conditions allowed in the AC Zone. (2) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. (3) Wholesale businesses, private warehousing and public warehousing, and building material storage and sale, but excluding storage of coal, coke, fuel oil or junk. [Amended 11-19-2002 by 1.1. No. 7-2002] (4) Contractors' businesses or yards, including but not limited to building, electrical, plumbing, and landscapers' yards. [Amended 1-20-2004 by 1.1. No. 4-2004] (5) Cold storage plants, baking and other food processing and packaging plants that are not offensive, obnoxious or detrimental to neighboring uses by reason of dust, smoke, 1 Town of Southold PC/Codebookfor Windows vibration, noise, odor or effiuent. (6) Office buildings for businesses, governmental and professional uses, including administrative training, data processing, publication, financial and sales offices. (7) Telephone exchanges. (8) Wineries as regulated by ~ 280-48A(I 1). (9) Auto repair shop. (10) Repair shop (not including auto and marine). (I I) Custom workshop. (12) Machine and equipment ",orkshop. (13) Light industrial uses. (14) Publishing and printing plants. (15) Boat building, servicing and storage, excluding wholesale and retail sales of boats and accessories. B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the Planning Board: [Amended 4-28-1997 by 1.1. No. 6-1997] (1) Research, design or development laboratories, provided that any manufacturing shall be limited to prototypes and products for testing. (2) Laundry or dry-cleaning plants, subject to the following conditions: (a) All processes and storage shall be carried on within an enclosed building. (b) All fluids used in processing shall be recycled, and the overall facility shall be designed, located and operated to protect surface waters and the groundwater from pollution. (3) Light industrial uses, subject to the following conditions: (a) No such process or operation shall involve the handling, storage or discharge of explosives or permit upon the premises any virus or other type of infectious organisms identified with diseases of animals or humans. . . (b) No offensive noises, gases, fumes, smoke, odors, dust, effiuent or vibrations shall emanate from such use and no wast~ products shall be discharged therefrom of a . . . . Town of Southold PC/Codebookfor Windows character to create a nuisance or to be injurious to health or to negatively impact groundwater. (c) Such processes shall involve the use of only oil, gas or electricity for fuel. (4) Conference facilities, subject to the following conditions: (a) Where rooms are provided for conference attendees, said rooms are permitted as set forth and regulated by ~ 280-35B(4) of the Resort Residential (RR) District. (5) Public utility structures and uses. (6) Truck or bus terminals (garages, parking facilities, loading docks, etc.) (7) Food processing and packaging plants, not including fish processing plants. (8) Repair of boats and marine items. C. Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XIX, are subject to site plan review: [Amended 5-9-1989 by L.L. No. 6-1989] (1) Accessory uses on the same lot with and customarily incidental to any permitted or special exception use and not involving a separate business.EN(I) (2) Accessory uses as set forth in and as regulated by ~ 280-58C(5) through (8) of the Light Industrial ParkIPlanned Office Park District. ~ 280-63. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the LI Light Industrial District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full. EN(2) ~ 280-64. Front yard setbacks. [Added 8-22-1995 by L.L. No. 18-1995] A. Structures shall be set back at least 100 feet from the right-of-way. B. There shall be an exception to Subsection A ifthe adjacent parcels are developed, in which case the minimum front yard setback shall be the average of the setbacks of the adjacent parcels. 3 Town of Southo/d PCICodebook for Windows C. A project shall be divided into separate structures so that no single structure shall have more than 60 linear feet of frontage on one street. The setbacks of multiple structures on a parcel may vary, provided that the average setback of the structures meets the setback required above and all buildings are at least 75 feet from the right-of-way. 4 . . . . . . Town of Southold PCICodebook for Windows Endnotes 1 (Popnp - Popup) Editor's Note: Former Subsection C(2) and (3), regarding signs, which previously followed this subsection, were repealed 11-29-1994 by L.L. No. 25-1994. For current sign provisions, see Art. XIX, Signs. 2 (popup - Popup) Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking and Loading Schedules are in ~ ~ 280-78 and 280-79. 5