HomeMy WebLinkAboutProposed Zoning Regulations 1967
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PROPOSED ZONING
REGULATIONS
TOWN OF SOUTH OLD
SUFFOLK COUNTY,
NEW YORK
RAYMOND & MAY ASSOCIATES. Planning Consultants
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PROPOSED ZONING REGULATIONS
TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK
Raymond & May Associates June, 1967
Note 1;
Note 2:
RAYMOND & MAY ASSOCIATES
Planning Consultants
White Plains, New York
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RICHARD MAY, IRq A.I.P. - Partner
STUART N. POLLY, A.I.P. - Associate Partner
WILUAM R. BARRON - Planning Associate
The proposed zoning regulations contain the substantive proposals
for regulating land development in the Town expressed in the form
approximating that of a zoning ordinance. Priol' to their presentation
to the public a s an ordinance foradbption, they should be approved
as to precise legal form and wortling by the Town Attorney.
The preparation of this report was financially aided through a Federal
grant from the Department of Housing and Urban Development, under
the Urban Planning Assistance Program for the Bureau of Community
Planning, New York State Office of Planning Coordination. It was
financed in part by the State of New York and the Town of Southold.
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PROPOSED
ZONING REGULATIONS OF
THE TOWN OF SOUTHOLD, NEW YORK
RESOLVED, that the Town Board of the Town of Southold, pursuant to the authority
conferred by Article 16-A of the Town Law of the State of New York, hereby ordains
and enacts as follows:
AN ORDINANCE regulating and restricting the location, height, bulk, and size of
buildings a nd other structures, the percentage of lot which may be occupied, the
size of yards, courts, and other open spaces, the density and distribution of popu-
lation, the location and uses of buildings and structures and the uses of land for
trade, industry, residence, and other purposes; establishing a Board of Appeals with
power to determine and vary the application of the regulations hereby established in
harmony with their general purpose and intent; providing for the enforcement of pro-
visions herein and imposing penalties for their violation; all for the purpose of pro-
moting the health, safety, and general welfare of the inhabitants of -the Town of
Southold in accordance with a comprehensive plan.
This ordinance shall be known and may be cited by the short form title. of the "Zoning
Ordinance of the Town of Southold, New York" .
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PURPOSES
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ARTICLE I
Section 1.1 Purposes. There is hereby established a new comprehensive zoning plan
for the Town of Southold, which plan is set forth in the text and map that constitute
this ordinance. Said plan is adopted for the purposes set forth in Article 16 of the
Town Law which, in the interest of the protection and promotion of the public health,
safety and welfare, shall be deemed to specifically include the following, among
others:
1.1.1
The facilitation of the efficient and adequate provision of public facilities
and services;
1.1.2
The a ssurance of adequate sites for residence, industry and commerce;
1.1.3
The provision of privacy for families;
1.1.4
The prevention and reduction of traffic congestion, so as to promote efficient
and safe circulation of vehicles and pedestrians;
1.1.5
The maximum protection of residential areas;
1.1.6
The gradual elimination of non-conforming uses;
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1.1.7
1. L8
1.1.9
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The enhancement of the appearance of the Town of Southold a s a whole,.
The encouragement of flexibility in the design and development of land in
such a way as to promote the most appropriate use of lands to facilitate the
adequate and economical provision of streets and utilities, and to preserve
the natural and scenic qualities of open lands;. and
The fostering and protection of agriculture and fisheries.
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ARTICLE II
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ZONING ORDINANCE AND ZONING MAP
Section 2.1 List of Districts. The Town of Southo1d is hereby divided into the classes
of districts listed below:
A-R
R-1
R-2
C-N
C-G
M-W
R-M
M
Agriculture-Residence District
One Family Residence District
One Family Residence District
Neighborhood Commercial District
General Commercial District
Marina-Waterfront District
Resort Motel District
Ma nufacturing District
Section 2.2 Zonina Map. The boundaries of the said districts are hereby established
as shown on the "Zoning Map, Town of Southold" , dated
which accompanies, and which, with all explanatory matter thereon, is hereby adopted
and made a part of and incorporated in this ordinance. Said map, indicating the latest
amendments ,shall be kept up to date and a copy thereof shall be kept in the offices of
the Building Inspector for the use and benefit of the public.
Section 2.3 District Boundaries. In determining the boundaries of districts shown on
the map, the following rules shall apply:
2.3.1
Where district boundaries are indicated as approximately following the center
lines of streets, highways, waterways or railroad rights-of-way or such lines
extended, such center lines shall be construed to be such boundaries.
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2.3.2
2.3.3
2.3.4
2.3.5
2.3.6
Where such boundaries are indicated as approximately following the property
lines of parks or other publicly owned lands, such lines shall be construed
to be such boundaries.
Unless otherwise shown, all district boundaries running parallel to streets
shall be construed to be 200 feet back from the rights -of-way of said streets.
In all cases where a district boundary divides a lot in one ownership and
more than 50% of the area of such lot lies in the less restricted district, the
regulations prescribed by this ordinance for the less restricted district shall
apply to such portion of the more restricted portion of said lot which lies
within 30 feet of such district boundary. For purposes of this section, the
more restricted district shall be deemed that district subject to regulations
which: prohibit the use intended to be made of said lot; or require higher
standards with respect to coverage, yards, screening, landscaping and sim-
ilar requirements.
In all cases where a district boundary line is located not farther than 15
feet away from a lot line of record, such boundary line shall be construed
to coincide with such lot line.
In all other cases where dimensions are not shown on the map, the location
of boundaries shown on the map shall be determined by the use of the scale
appearing thereon.
Section 2.4 Effect of Establishment of Districts. Following the effective date of
this ordina nee:
2.4.1
2.4.2
No building shall be erected, moved, altered, rebuilt or enlarged nor shall
any land or building be used, designed or arranged to be used for any pur-
pose or in any manner except in conformity with all regulations, require-
ments, and restrictions specified in this ordinance for the district in which
such building or land is located.
No yard or open space required in connection with any building or use shall
be considered as providing a required open space for any other building on
the same or any other lot.
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2.4.3
2.4.4
2.4.5
2.4.6
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No lot shall be formed from part of a lot already occupied by a building unles s
such building, all yards a nd open spaces connected therewith, a nd the re-
maining lot comply with all require me nts prescribed by this ordina nce for the
district in which said lot is located. No building permit shall be issued for
the erection of a building on any new lot thus created unless such building
and lot comply with all the provistons of-this ordinance.
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Nothing contained in this ordinance shall require any change in the plans,
construction, or designated use of a building complying with the Zoning Ordi-
nance in force prior to this ordinance, if the following is found to exist:
2.4.4.1 A building permit shall have been duly issued and construction
shall have been started before , the date of
first publication of notice of the public hearing on this ordinance;
2.4.4.2 The ground story framework (including the second tier of beams)
shall have been completed within six months of the date of the
building permit; and
2.4.4.3 The entire building shall have been completed in accorda nce with
such plans as have been filed with the Building Inspector within
one year from the effective date of this ordinance.
Any use not permitted by this ordina nce shall be deemed to be prohibited.
Any list of prohibited uses contained in any section of this ordinance, shall
not be deemed to be an exhaustive list but has been included for the purposes
of clarity and emphasis, and to illustrate, by example, some of the uses fre-
quently proposed that are deemed undesirable and incompatible and are thus
prohibi ted.
Notwithstanding the limitations imposed by any other provisions of this ordi-
nance, no building, dredging, or filling operation shall be permitted below
the datum of mean high water within any area designated as "Wetland Area"
on the Official Map. Where strict application of this regulation would de-
prive the owner of reasonable use of his land, said owner may appeal in
writing to the Town Board. The owner shall present with such application a
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plan showing all buildings and roads, any proposed changes in grade and
other proposed encroachments on the Wetland Area. The Town Board, after
a public hearing, may grant an exception to this regulation subject to making
the following special findings:
2.4.6.1 That owner of said land is being unreasonably deprived of the
rea sonable use of said la nd under strict application of these reg-
ula tions .
2.4.6.2 That the proposed plan will not substantially interfere with the
stability of existing shorelines, and will, in no way, jeopardize
the fresh water characteristics of underlying aquifers. Such
findings shall be based upon certifications of the Town Engineer
a nd the Suffolk County Depa rtme nt of Public Hea lth.
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ARTICLE III
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DISTRICT USE REGULATIONS
Section 3.1 Aqriculture-Residence A-R District
3.1.1
In an Agriculture-Residence A-R 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:
3.1.1.1 Permitted Uses
(a) One family detached dwellings, not to exceed one dwelling
on each lot.
(b) The following commercial agricultural operations and acces-
sory uses, including irrigation, thereto, provided that there
shall be no storage of manure, or other odor or dust:1lroducing
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substance or use, except spraying and dusting to protect
vegetation, within 150 feet of a ny lot line.
1. The raising of field and garden crops, vineyard and or-
chard farming, the maintenance of nurseries, and the
seasonal sale of products thereof in buildings subject
to the following special requirements:
1. All one-story buildings for display and retail sales
of agricultural and nursery products grown primarily
on the premises shall not exceed 1,000 square feet
in floor area. Display of produce shall be no closer
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than 10 feet from all street and lot lines. Any stand
in excess of 100 square feet shall be set back 20
feet from the street line. Any stand in existence at
the effective date of this Ordinance must, within
one year, comply with all of the above provisions.
ii. All signs shall conform with Section 3.1.1. 3(f).
2. Keeping, breeding and raising fowl, except ducks, and
large domestic animals on lots of 10 acres or more.
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3. Barns, storage buildings, and other related structures,
provided such buildings shall conform to the yard re-
quirements for principal buildings.
(c) Buildings, structures and uses owned or operated by the Town
of Southold.
3.1.1.2 Uses Permitted Bv Special Permit Upon ApProval bv the Board of
Appeals in Accordance with Article VIII Hereof.
The following uses are permitted subject to approval by the Board
of Appeals in accordance with the provisions of Section 8.2.
These uses are subject to the requirements specified below and
elsewhere in this Ordinance, including Site Plan Approval by the
Planning Board in accordance with Section 9.1 hereof.
(a) Places of worship including parish houses (but excluding a
rectory or parsonage which shall conform to the requirements
for a one family dwelling). Special requirements:
1. No building or part thereof shall be erected nearer than
50 feet to any street or property line.
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2. The sum of all areas covered by all principal and acces-
sory buildings shall not exceed 20 % of the area of the
lot.
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(b) Schools, colleges, and other educational institutions.
Special requirements:
1. Same as conditions 1 and 2 in 3.1.1. 2 (a) above.
2. Any such school shall be a non-profit organization
within the meaning of the Internal Revenue Act and shall
be registered effectively as such thereunder.
3. Any such school shall occupy a lot with an area of not
less than five acres plus one acre for each 100 pupils
for which the building is designed.
(c) Phila nthropic, eleemosynary or religious institutions, hos-
pita Is , nursing and rest homes, or sanitaria for general med-
ical care, but excluding facilities for the treatment of all
types of drug addiction. Special requirements:
1 . No building or part thereof or a ny parking or loading
area, shall be located within 100 feet of any street or
lot line.
2. The sum of all areas covered by principal and accessory
buildings shall not exceed 20% of the area of the lot.
3. The maximum height shall be 35 feet or 2-1/2 stories.
4. The entire lot, except for areas covered by buildings,
parking or loading areas shall be suitably landscaped
and properly maintained.
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5. Sufficient exterior illumination of the site shall be re-
quired to provide convenience a nd safety. All such il-
lumination shall be shielded from the view of all sur-
rounding streets_ and lots.
6. Any nursing home, hosPital, or sanitarium shall meet
the following standards: all buildings shall be of fire resistive
construction; all such uses shall be served by adequate
water and sewer systems approved by the Suffolk County
Department of Health; patients suffering from communi-
cable diseases shall not be permitted in any nursing home
or sanitarium (communicable diseases are defined by the
Sanitary Code of the Public Health Council of the State
of New York); 8,000 square feet of lot area shall be pro-
vided for each patient bed.
(d) Public utility rights-of-way as well as structures and other
installations necessary to serve areas within the Town, sub-
ject to such conditions as the Board of Appeals may impose
in order to rrotect and promote the health, safety, appear-
ance and general welfare of the community and the character
of the neighborhood in whic'h the proposed structure is to be
cons tructed.
(e) Annual membership clubs, catering exclusively to members
and their guests or other recreational facilities open to the
public and accessory playgrounds, swimming pools, tennis
courts a nd recreation buildings, subject to the following
special requirements:
1. No building or part thereof or any parking or loading area
shall be located within 100 feet of any street or lot line.
2. The sum of all areas covered by principal and accessory
buildings shall not exceed 20% of the area of the lot.
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3. Any such use shall not be conducted as a business
enterprise.
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4. Any such uses shall occupy a lot with an area of not
less than three acres.
5. The direct source of all exterior lighting shall be shielded
from the view of surrounding residential lots.
(f) Children's recreation camps organized primarily for seasonal
use subject to the following s pecia 1 requirements:
1. No building, tent, activity area or recreation facility
shall be less than 200 feet from any lot line, and shall
be effectively screened therefrom as required by the
Planning Board. No two buildings intended for use as
sleeping quarters shall be closer than 30 feet from each
other, except tents, which shall be not less than 10 feet
a part.
2. The minimum lot area shall be not less than 10,000
s quare feet per cottage, tent, or other principal build-
ing and no less than 3,000 square feet per person for
whom there are accommodations on the premises.
3. All outdoor lighting shall be arranged so as to eliminate
the glare of lights toward nearby residential lots .
4. The sound level of all outdoor public address systems
shall not exceed the intensity tolerable in a residential
neighborhood.
(g) Labor camps, including farm and non-farm, subject to the
following special requirement:
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1. All farm labor camps on farms shall be constructed in
conformance with applicable laws and shall not be lo-
cated nearer to any other residence than to the residence
of the employer except by specific review and approval
of the Board of Appeals.
(h) Boat docking facilities for the docking, mooring, or accom-
modation of noncommercial boats, subject to the following
s pecia 1 requireme nt:
1. 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.
(i) Veterinarian offices and animal hospitals subject to the fol-
lowing special requirement:
1. The housing of all animals shall be in a fully enclosed
structure if nearer than 100 feet to any lot line.
(j) Cemeteries subject to approval by the Planning Board.
3.1.1.3 Accessory uses, limited to the following:
(a) Home occupations provided that:
1. No display of goods or signs are visible from the street,
except as set forth in 3.1.1.3 (f) .
2. Such occupation is incidental to the residential use of
the premises and is carried on in the main building by a
resident therein with not more than one non-resident as-
sistant.
3. Such occupation is carried on in a n area not exceeding
30% of the area of one floor of the main building.
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4. There shall be no exterior effect at the property line such
as noise, traffic, odor, dust, smoke, gas, fumes, or
radiation.
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(b) Professional office or studio of an artist, dentist, mUSICIan,
teacher, phys icia n, architect, engineer, or lawyer, provided
that:
1. Such office or studio is incidental to the residential use
of the premises and is carried on by the resident and not
more than one non-resident assistant; and
2. Such office or studio shall occupy not more than 30% of
the area of one floor of the main building.
3. Studios where dancing or music instruction is offered to
groups in excess of four pupils at one time or where con-
certs or recitals are held, are prohibited.
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(c) Garden house, tool house, playhouse, wading pool, or swim-
ming pool incidental to the residential use of the premises and
not operated for gain.
Any swimming pool with an area of 150 square feet or more and
a depth in excess of 24 inches shall be provided with an ade-
quate permanent fence. Said fence shall be erected, main-
tained and provided with a self-closing, self-locking gate to
prevent unauthorized use of the pool a nd to prevent accidents.
However, if said pool is located more than four feet above
ground, then a fence is not required, provided that all points
of access to said pool are adequately protected by a self-
closing, self-locking gate.
(d) Private Garages. Two passenger automobile spaces in such
garages may be leased to persons not resident on the premises.
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(e) Horses a nd domestic a nimals other tha n dogs, shall not be
penned or housed within 50 feet of any lot line in an A-R
Zone. Housing for flocks of more than 10 fowl shall not be
constructed within 50 feet of any lot line.
(f) The following signs, subject to Section 5.3:
1. One indirectly illuminated nameplate or professional
sign with an area at not over two (2) square feet;
2. One sign, either single or double faced, the total area
of which shall not exceed thirty-two (32) square feet in
area measured on one face of the sign, advertising only
the sale of farm, garden or nursery products produced
or grown on the premises, or of animals raised on the
premises;
3. One real estate sign, either single or double faced, not
larger than three (3) feet by four (4) feet in size on any
one or more lots, advertising the sale or lease of only
the premises on which it is maintained and set back not
less than the required front yard distance and not less
than ten (10) feet from front or each side line;
4. One sign, either single or double faced, not exceeding
twenty-four (24) square feet in size, set back at least
thirty five (35) feet from the front property line and ten
(10) feet from either side line, advertising the sale or
lease of acreage or the sale of lots in a subdivision;
5. One indirectly illuminated bulletin board or other an-
nouncement sign for uses permitted in Section 3.1.1.2
(a), (b), (c), (d), (e) with an area not over twenty-four
(24) square feet, provided such sign is located not
nearer tha n five (5) feet to a ny street or property line.
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1. Such structure shall have contained, on the effective date
of this ordinance, 1,000 square feet of livable floor area
for the first dwelling unit plus 600 square feet of livable
floor area for each additional dwelling unit created.
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Section 3.2 One-Familv Residence R-l District
3.2.1
In a One-Family Residence R-l District, no building or premises shall be
used, a nd 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:
3.2.1.1 Permitted Uses
(a) Any permitted use or accessory use listed in and as regulated
in theA-R District, Section 3.1.1.1, and 3.1.1.3.
3.2.1.2 Uses Permitted Bv Special Permit Upon Approval bv the Board of
Appeals in Accorda nce with Article VIII Hereof.
The following uses are permitted subject to approval by the Board
of Appeals in accordance with the provisions of Section 8.2. These
uses are subject to the requirements specified below and elsewhere
in this Ordinance, including Site Plan approval by the Planning
Board in accordance with Section 9.1 hereof.
(a) Any use permitted in and as regulated in the A-R District
Section 3.1 . 1 .2.
(b) Conversion of an existing residential structure to a two family
dwelling subject to the following requirements:
2. The lot on which such structure is located shall contain
40,000 square feet of lot area.
3. Three off-street parking spaces shall be provided on said
lot for each dwelling unit.
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Section 3.3 One-Familv Residence R-2 District
3.3.1
In a One-Family Residence R-2 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 a ny use except the following:
3.3.1.1 Permitted Uses
(a) Any permitted use or accessory use listed in and as regulated
in theA-R District, Section 3.1.1.1, and 3.1.1.3.
3.3.1.2 Uses Permitted Bv Special Permit Upon Approval bv the Board of
Appeals in Accordance with Article VIII Hereof
The following uses are permitted subject to approval by the Board
of Appeals in accordance with the provisions of Section 8.2.
These uses are subject to the requirements specified below and
elsewhere in this Ordinance, including Site Plan approval by the
Planning Board in accordance with Section 9.1 hereof.
(a) Any use permitted in and as regulated in the R-l District,
Section 3.2.1.2.
(b) Multiple dwellings subject to the following requirements:
1. No building shall exceed 125 feet in length.
2. The minimum dista nce between principal buildings shall
be equal to 2 times the height of the highest building,
and the minimum distance between a principal and an
accessory building shall be 20 feet.
3. Any inner court shall have a minimum dimension of 60
feet and any outer court shall have a minimum of 20 feet
and its depth shall not exceed its width.
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4. There shall be provided on the same lot a suitably equipped
and landscaped children's play area subject to Planning
Board approval. Each such play area shall contain not
les s than 600 square feet and there shall be a minimum
of 100 square feet of ground area for each dwelling unit.
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(c) Row or attached dwellings, for rental only, subject to the
following conditions:
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1. The maximum number of dwelling units in a group of row
dwellings shall be six.
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2. Same as 3.3.1.2(b) 2, 3, and 4.
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Section 3.4 NeiGhborhood Commercial C-N District
(a) Retail stores and ba nks
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3.4.1
In a Neighborhood Commercial C-N 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 nd all such uses shall be subject to Site
Plan approval in accordance with Section 9.1 hereof.
3.4.1.1
Permitted Uses
(b) Personal service stores such as, but not limited to, barber
shops, beauty parlors, and tailors.
(c) Eating and drinking places.
(d) Business, professional and governmental offices.
(e) Motor vehicle sales, service stations and repair garages,
subject to the following special requirements:
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1. The mInimUm lot size for such establishments shall be
15,000 square feet, and the minimum street frontage
shall be 150 feet.
2. Entrance and exit driveways shall have an unrestricted
width of not less than 12 feet and not more than 30 feet,
shall be located not nearer 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.
3. Vehicle lifts or pits, dismantled automobiles, and all
parts or supplies shall be located within a building.
4. 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.
5. The storage of gasoline or flammable oils in bulk shall
be located fully underground and not nearer than 35 feet
from a ny property other tha n the street line.
6. No gasoline or fuel pumps or tanks shall be located
nearer than 15 feet to any street line.
7. No motor vehicle sales, used car lots, gasoline service
or repair shops, or similar businesses are to be located
within 300 feet of a church, public school, library, hos-
pital, orphanage, or a rest home, or within 300 feet of
any residence district.
(f) Funeral homes.
(g) Houses of worship.
(h) Public utility structures listed in and as regulated in Section
3.1. 1. 2 (d) .
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3.4.2
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(i) Signs accessory to an establishment located on the same lot,
provided such signs shall be limited a s set forth in Section
5.3 a nd a s follows:
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1. Not more than one such sign shall be permitted for each
tena nt on the premises on each wall fronting on a street;
2. The aggregate areas of signs, in square feet, on any wall
of a building shall be no greater than the length in feet of
the shortest wall;
3. Such sign or signs shall be parallel to the face of the
building a nd no part thereof, including a ny illumination,
shall project more than 12 inches beyond the face of the
wall to which applied nor any distance beyond or above
the building in any other direction;
4. Whenever the building is located more than 25 feet back
from the street line, one free-standing sign shall also be
permitted. Said sign shall be no more than 6' 6" in height
and 12' 6" in width, the lower edge of which shall be not
less than three (3) feet above the ground and the upper
edge of which shall not extend more than fifteen (15) feet
above the ground. Said sign shall be set back not less
than five (5) feet from all street and property lines and
shall advertise only the business conducted on the prem-
ises.
3.4'.1.2 Accessorv Uses
(a) Customary accessory uses including parking and loading
facilities.
All permitted uses a nd all storage acces sory thereto, other tha n off-street
parking, shall be carried on in buildings fully enclosed on all sides.
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3.4.3
The total floor space in anyone retail or service s tore or establishment
shall not exceed 20,000 square feet.
Section 3.5 General Commercial C-G District
3.5.1
In a General Commercial C-G District no building or premises shall be used,
a nd 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, and all such uses shall be subject to Site
Plan approval, in accordance with Section 9.1 hereof.
3.5.1.1 Permitted Uses
(a) Dry cleaning and laundry plants.
(b) Wholesale, storage, and warehousing establishments.
{c} Building supply a nd lumber yards, bowling alleys, drive-in
restaurants, movie houses, drive-in theaters, animal hospi-
tals and other similar establishments designed primarily to
provide drive-in facilities.
(d) Motor vehicle, trailer, boat or farm equipment sales or
services.
(e) Motor vehicle service stations, subject to the following
special conditions:
1. The minimum lot size for such service stations shall be
30,000 square feet, and the minimum street frontage
shall be 200 feet.
2. Those requirements as set forth in Section 3.4.1.1 (e)
except for Section 3.4.1 .1 (e) 0) .
(f) Eating and drinking places.
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1. Establishments are intended to provide retail goods and
services or other uses provided for in this district.
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(g) Funeral homes.
(h) Newspaper and job printing.
(i) Hotels.
(j) Public utility structures listed in and as regulated in Section
3 . 1 . 1 . 2 (d) .
(k) Commercial dog a nd veterinary kennels, provided that no
kennel, runway or exercise pen shall be located within 50 feet
of a lot line.
(1) Commercial docks, marine fuel docks, piers, ferry slips, ferry
houses, fishing stations, boat yards , boat storage yards, boat
storage basins, marinas, mooring piers, and boat building
facilities.
3.5.1. 2 Uses Permitted Bv Special Permit Upon Approval bv the Board of
Appeals in Accordance with Article VIII Hereof
The following uses are permitted subject to approval by the Board
of Appeals in accorda nce with the provisions of Section 8.2. These
uses are subject to the requirements specified below and elsewhere
in this Ordina nce, including Site Plan a pproval by the PIa nning Board
in accorda nce with Section 9.1 hereof.
(a) Retail shopping centers subject to the following requirements:
2. Minimum area is two acres, with a minimum lot width of
300 feet and a minimum depth of 200 feet.
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3. There shall be one paved parking space for each 100
feet of floor area and arra nged wi th cha nneliza tion ,
marking, and landscaping for vehicular and pedestrian
circulation as approved by the Planning Board.
4. There shall be no unenclosed storage of goods or equip-
ment.
5. Signs sha 11 be regulated a s provided in Section 5.3 and
Section 3.4.1.1 (i).
3.5.1.3 Accessorv Uses
(a) Customary accessory uses including parking and loading
facilities, and signs, as listed in and as regulated in Section
5 .3 a nd Section 3.4. 1 . 1 (i) .
Section 3.6 Marina-Waterfront M-W District
3.6.1
In a Marina-Waterfront M-W District, no building or premise 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, and all such uses shall be subject to Site
Plan Approval, in accordance with Section 9.1 hereof.
3.6.1.1 Permitted Uses
(a) Public and private marinas and docking facilities
(b) Ferry terminal
(c) Municipal and private parking
(d) Municipal fac ility structures
(e) Boat launching facilities
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1. The minimum lot area shall be three and one-half acres;
the minimum lot width shall be 100 feet; 2,000 square
feet of lot area is required for each guest room.
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(f) Commercia I charter a nd fishing docks
(g) Private yacht clubs
(h) Eating and drinking establishments
(i) Retail sales of marina related items
(j) Boat service a nd storage facilities
(k) Off-street parking lots
3.6.1.2 Accessorv Uses
(a) Customary accessory uses including parking and loading fa-
cilities as regulated in the General Commercial C-G District.
and signs, as listed in and as regulated in Section 5.3 and
Section 3.4.1.1 (i) .
Section 3.7 Resort-Motel R-M District
3.7.1
In a Resort-Motel R-M 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 part, for any purpose, except
the following, and all such uses shall be subject to Site Plan approval in ac-
corda nce with Section 9.1 hereof.
3.7.1.1 Permitted Uses
(a) Hotels, motels and tourist homes, subject to the following
requirements:
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2. No building or part thereof, or parking or loading area,
shall be situated within 30 feet of any street or lot line,
except that this distance shall be increased to 50 feet
when abutting a lot in residential use or a Residence
District boundary line.
3. The maximum height shall be 35 feet Or 2 stories; maxi-
mum building length shall be 150 feet.
4. One off-street parking space shall be provided for each
guest room and one additional space shall be provided
for each employee.
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5. All areas not occupied by buildings shall be suitably
landscaped and maintained in accordance with Section
9.2.1.3.
6. Accessory to a motel the following uses are permitted:
i. A restaurant or coffee shop covering not more than
10 % of the site a nd providing one off-street parking
space for every five seats accommodated.
ii. Swimming pools, a s regulated in Section 3.1.1.3 (c),
and related facilities for the exclusive use of guests
of the motel.
(b) Summer tourist cottages (cabins or cottages, containing sep-
arate living accommodations for non-transient vacation pur-
poses for families or adults, for hire on a seasonal basis
during the non-winter months) subject to the following special
requirements:
1. Cabins or cottages designed for one-family occupancy
only shall be permitted. Such cabins or cottages shall
have a minimum of 180 square feet of floor area and a
maximum of 350 square feet of floor area.
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2. Spacing of buildings shall conform to Section 4.1.2 R-1
Residence District, Column B, and subject to the same
requirements for water and sewer as set"forth therein.
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3. Recreation facilities for use of tenants, boarders,
roomers, or guests, shall not be located within 50 feet
of any lot line, and shall be effectively screened there-
from as required by the Planning Board.
4. Outdoor lighting shall be arranged so as to eliminate
the glare of lights toward nearby residential area s.
5. Public address systems and loudspeakers are prohibited.
(c) The following sign subject to Section 5.3:
1. One advertising sign, either single or double faced,
not exceeding fifty (50) square feet in area, the
lower edge of which shall be not less than four (4)
feet above the ground and the upper edge of which
shall not exceed more than thirty-five (35) feet above
the ground. Such sign shall advertise only the business
conducted on the premises and shall be set back not
less than five (5) feet from all street and property lines.
Section 3.8 Manufacturinq eM) District
3.8.1
In a Manufacturing M 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 followingaoo J'lll such uses shall be subject to Site
Plan Approval, in accordance with Section 9.1 hereof.
3.8.1.1 Permitted Uses
(a) Industrial uses including manufacturing, assembling, con-
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3.8.1.2
verting, altering, finishing, cleaning or any other pro-
cessing, handling, or storage or products ()f materials,
involving the use of only oil, ga s or electricity for fueL
(b) Research, design and development laboratories; office
building.
(c) Wholesale storage and warehousing
(d) Building contractors' yards
(e) Public utility structures and uses
(f) Newspaper and printing establishment s
(g) Bus and truck terminals
(h) Food processing and packaging plants
Accessory Uses
(a) Customary accessory uses, including off-street parking
and loading area s, cafeteria s, and related facilities for
the exclusive use of employees and officers working on
the site 0
(b) Signs in accordance with Section 5.3 and the following:
l. Not more than one sign shall be permitted facing
each street from which access to the lot is provided
announcing the name or insignia, or both, of the
company or companies hou sed in the development
on the lot. Such sign shall be applied onto the
wall of the building, shall not exceed an area of
fifty (50) square feet, and shall not extend more
than 6 Inches beyond the saId wall in any dIrection.
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Alternately, one free standing sign is permitted,not to
exceed 30 square feet and set back 15 feet from any
street or property line. If illuminated at night, such
illumination shall be indirect, with all light sources
shielded from the view of adjacent lots and streets
and shall be extinguished not later than nine (9:00) .
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2. One identifica tion sign is permitted at each point of
access to the lot with an area of not more than three
(3) square feet, and internal directional signs, each with
an area of not more than two (2) square feet. Illumination
is regulated as specified above.
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ARTICLE IV
DISTRICT BULK AND PARKING REGULATIONS
Section 4.1 District Bulk and Parkina Reaulations
The following schedules of regulations applying to the area of lots, the height
buildings, the yards and other open spaces to be provided, off-street parking
spaces, minimum floor areas and all other matters contained therein, as indicated
,
for the various districts established by this ordinance, are hereby adopted and
declared to be a part of this ordinance.
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4.1.1
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Bulk and Parkinq Requlations for A-R Aqriculture-Residence District
(see Note 1)
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Mi1'.limum Required
A* ].
80,000 40,000
20D 135
200 175
75 50
5{) 30
110 80
50 40
850 850
2 2
Total Lot Area (Sq. Ft.)
Lot Width (Ft.)
Lot Depth (Ft.)
Front Yard (Ft.)
One Side Yard (Ft.)
Both Side Yards (Ft.)
Rear Yard (Ft.)
Livable Floor Area (Sq. Ft.) Per D. U.
Off-Street Parking Spaces per D. U.
Maximum Permitted
Lot Coverage
Building Height
Number of Stories
Feet
15%
20%
2-1/2
35
2-1/2
35
*A Without Public Water
B With Public Water
Note 1:
In an A-R District, Cluster Developments as specified in
Section 5.6 shall be _permitted conforming to the following:
A. One family dwellings are permitted only.
B. The minimum site area of a Cluster Development shall
contain 25 acres.
C. Lots shall conform to the bulk requirements for the R-l
District Group B.
D. Public water and public sewer facilities shall be provided.
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4.1. 2
Bulk and Parkinq Requlations for R-l Residence District
Minimum Required
Total Lot Area (Sq. Ft.)
Lot Width (Ft.)
Lot Depth (Ft.)
Front Yard (Ft.)
One Side Yard (Ft.)
Both Side Yards (Ft.)
Rear Yard (Ft.)
Livable Floor Area (Sq. Ft.) PerD.U.
Off-Street Parking Spaces Per D. U.
Maximum Permitted
Lot Coverage
Building Height
Number of Stories
Feet
11* ~
40,000 20,000
135 100
175 150
50 35
30 20
80 50
40 30
850 850
2 2
20%
25%
2-1/2
35
2-1/2
35
*A Without Public Water
B With Public Water
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4.1. 3
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Bulk and Parkinq Requirements for R-2 Residence District
Minimum Required
One Familv Residence
A* ~
Attached
Dwellinq
Lot Area
Total (Sq. Ft.) 40,000
Per Dwelling Unit
(Sq. Ft.)
Lot Width (Ft.) 135
Lot Depth (Ft.) 175
Front Yard (Ft.) 50
One Side Yard (Ft.) 30
Both Side Yards (Ft.) 80
Rear Yard (Ft.) 40
Livable Floor Area
Per Dwelling Unit
(Sq. Ft.) 850
Off-Street Parking
Spaces Per
Dwelling Unit 2
Usable Open Space
Per Dwelling Unit
Maximum Permitted
20,000
40,000
4,000
20**
100
20
**
100
150
35
20
50
30
40
850
850
2
1-1/2
400
Lot Coverage
Building Height
Number of Stories
Feet
20%
25%
20%
2-1/2
35
2-1/2
35
2-1/2
35
Multiple
Residence
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40,000
4,000
150
150
50
30
30
40
600
1-1/2
400
20%
2-1/2
35
*A Without Public Water
B With Public Water
** All end attached dwellings shall have a minimum lot width of 40 feet
and a side yard of not less than 20 feet. All attached dwellings
shall have a minimum building width of 20 feet.
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4.1. 4
Bulk and Parkinq Requlations for Neiqhborhood Commercial C-N District,
General Commercial C-G District, and Manufacturinq M District
For Permitted Uses In:
C- N C-G
District District
M
District
Minimum Required
Lot Width (Ft.)
Lot Depth (Ft.)
Front Yard (Ft.)
Side Yard (Ft.)
SO 150 200
100 ISO 200
20 35 SO
None required
but 10 ft. mini-
mum if provided
20 20 SO
Rear Yard (Ft.)
Side or Rear Yard which
adjoin a Residence
District (Ft.)
Off-Street Parking Spaces
Per 300 Sq. Ft. of Floor
Area, or Per Employee
(whichever is greater)
40
2
SO
1
100
1
1
1
Maximum Permitted
Building Height
Stories
Feet
2
30
2
30
2
35
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ARTICLE V
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SUPPLEMENTARY REGULATIONS
-Section 5.1 Supplementcrry-Reoulations Applvinq to AH Residence Districts
5.1.1
Accessory Buildinqs
5.1.1.1 An accessory building may be located in any required side or
rear yard provided:
(a) Such building shall: not exceed 15 feet in height.
(b) Such buildings shaH be set back 5 feet from any lot line
and shall: not be located less than 10 feet from the
principal building.
(c) All: such buildings in the aggregate shall: not occupy more
than 30% of the area of the required rear or side yard.
5.1.1.2 Accessory buildings constructed at the same time may be
located in pairs or groups in the required rear or side yard
along the common side lot line or rear lot line of contiguous
lots.
5.1.1.3 An accessory building on that portion of a lot not included in
any required yard shall: conform with the height regulations
for principal buildings.
5.1.1.4 Except for waterfront lots, no accessory building shall: project
nearer to the street on which the principal building fronts than.
such principal building.
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5.1. 2
5.1. 3
5.1. 4
Corner Lots
5.1. 2.1 Obstruction to Vision at Street Intersections. At all street inter-
sections in all Residence Districts, no obstructions to vision
exceeding 30 inches in height above curb level shall be erected
or maintained on any lot within the triangle formed by the street
lines of such lot and a line drawn between points along such
street lines 30 feet distant from their point of intersection.
5.1.2.2 Rear and Side Yards. On a corner lot, front yards are required on
both street frontages. and one yard other than the front yards
shall be deemed to be a rear yard and the other or others, side
yards.
Exceptions to Lot Depth Requirements. The required lot depth at any point
may be decreased by 25% if the average lot depth conforms with the
minimum requirement.
Exceptions to Yard Requirements
5.1.4.1 Permitted Obstructions. Cornices or cantilevered roofs may
project not more than three feet into a required yard. Belt
courses, window sills and other ornamental features may pro-
ject not more than 6 inches into a required yard. Fences or
walls not over 6-1/2 feet in height may be erected on property
lines, except as set forth in Section 5.1.2.1. Elsewhere on a
lut, any fence shall not exceed 8 feet in height. Paved areas
(other than such as are needed for access to the buildings
on the lot) shall not project within 15 feet of a street line or
four feet of a lot line.
5.1. 4.2 Entries and Porticos. A roofed-over but unenclosed projection
in the nature of an entry or portico, but not more than eight feet
wide and extending not more than six feet out from the front
wall of the building shall be exempt from front yard require-
ments when the building otherwise complies with all other
yard restrictions of this ordinance.
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5.1. 5
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5. 1. 4. 3 Exi s tino Set- Back. One or two fa mily dwelling need have a s et-
back greater than the average set-back of the existing dwellings
within 200 feet on each side of the said proposed dwelling, on
the same side of the street, within the same block, and the
same district.
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5.1.4.4 Front Yards on Narrow Streets. On streets with less than a 50
foot tight-of-way, the front yard set-back shall be measured
from the center line of the existing street, and 25 feet shall be
added to the front yard set-back.
Existino Small Lots. A lot, title to which is held in single and separate
ownership, and which is separated in ownership from any adjoining tracts
of land on the effective date of this ordinance, which has a total lot area
or lot width less than prescribed in this oJtlinance, may be used for a one-
family residence provided such lot shall be developed in conformity with
all applicable district regulations other than the minimum lot area, lot
width and side yards, and provided that such lot conforms to the following
requirements:
For One-Family
Residences
For Lots in Width:
(in fe'~t)
Greater than Less than
Minimum
Side Yard
(in feet)
Total Both
Side Yards
(in feet)
136
99
79
49
200
136
99
79
30
20
12
7-1/2
80
50
30
4 U for
each foot of
lot width
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5> 1. 6
Uniformity of Desian. In order to avoid monotony of architectural design,
no building permit shall be issued for the erection of a dwelling located
within an approved Major Subdivision Plat if it is substantially like any
neighboring building which is existing or for which a building permit has
been is sued or is being concurrently considered.
5.1.6. 1 A building shall be considered neighboring if it fronts on the
same street as the building being considered and which is the
first or second house along the street in either direction or
which faces the building site being considered from across the
street.
5.1.6.2 In considering those items listed in Section 5.1.6.3, buildings
shall be considered substantially alike in any dimension for
which they differ by less than two (2) feet except twenty (20)
feet for set-back differences. Buildings between which the only
difference in relati ve loca tion of elements is end to end or side
to side reversal of elements shall be deemed to be alike in re-
lated location of such elements.
5.1.6.3 Buildings shall be considered substantially alike unless they
differ in at least three of the following respects or dimensions:
(a) Set- back from the street.
(b) Relation of a garage visible from the street to the main
structure.
(c) Length of the main roof ridge.
(d) Height of the roof ridge above the first floor elevation.
(e) Width, measured perpendicular to main roof ridge, if
the building ha s a gable extending from the main roof
visible from the street.
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(f) Rela tionship to each other of either windows, doors, chimney,
or any porch in the front elevation.
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5.1.6.4 The Planning Board may waive or vary any requirement of this
section where the layout of the neighborhood, road pattern,
topography, observation of natural features, views and the siting
of individual structures is such as to avoid monotony of appear-
ance despite similarity of buildings.
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Section 5.2 Supplementarv Reoulations Applvino to Non-Residential Buildinos
5.2.1
5.2.2
5.2.3
Heioht Reoulations. Structures such a s chimneys, flues, towers, and
spires shall be exempt from height limitations provided they occupy not
more than 20% of the roof area.
"
Waiver of Yards. No wide yard or rear yard shall be required where such
yard abuts an operating railroad right-of-way.
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Courts. The minimum dimension of an inner court shall not be less than
twice the height of all surrounding walls. However, in no case shall an
inner court have a dimension of less than 30 feet. (The height of walls
surrounding an inner court shall be mea sured from finished grade at the
ba se thereof, to the top of such wall, except that, in the ca s e of roofs
with a slope exceeding 5 inches vertical to 12 inches horizontal, the
height shall be measured to the mean point between the top of the said wall
and the highest point of the rooL) The minimum dimension of an outer
court shall be 20 feet, and its depth shall not exceed its width.
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Section 5.3 Supplementarv Sion Reoulations in All Districts
5.3.1
5.3.2
-38-
No sign, billboard, advertising display or structure, poster or device shall
be erected, moved, enlarged or reconstructed except as expres sly permitted
in this ordinance.
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The following types of signs or artificial lighting are prohibited:
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5.3.2.1 Billboards.
5.3.2.2 Flashing signs, including any sign or device on which the
artificial light is not maintained sta tionary, and constant in
intensity and color, at all times when in use.
5.3.2.3 Signs which compete for attention with, or may be mistaken for,
a traffic signal.
5.3.2.4 The outlining by direct illumination of all or any part of a
building such a s a gable roof, side, wall or comer.
5.3.2.5 Signs made of cardboard, paper, canvas or similar impermanent
material.
Section 5.4 Supplementarv Parkinq and Loadinq Reaulations in All Districts
5..4 .1
Off-Street Parkinq Requirements. Off-street parking spaces open or en-
closed, are permitted accessory to any use subject to the following pro-
vi sions:
5.4.1. 1 Schedule of Parkinq Requirements. Accessory off-street park-
ing spaces, open or enclosed, shall be provided for any use
a s specified below. Any land which is developed a s a unit
under single ownership and control shall be considered a single
lot for the purpose of these parking regulations. Rea sonable
and appropriate off-street parking requirements for structures
and uses which do not fall within the categories listed below
shall be determined by the Planning Board upon consideration
of all factors entering into the parking needs of each such
use.
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At Least One Parkinq Space for Each:
200 square feet of floor area, but not less than
one space for each five seats where provided,
2 members or 2 accommodations (such as lockers)
whichever is greater.
Four spaces per cla ssroom plus one space for
each S seats in any auditorium or place of
assembly.
Two spaces per classroom plus one space for
each five seats in any auditorium or other place
of assembly.
3 bed s .
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For:
Places of worship, libraries,
and otner public buildings
Golf courses and other
country clubs
Secondary Schools
Elementary Schools
Hospitals, sanitaria, nursing
homes, philanthropic, or elee-
mosynary institutions
Rooming houses
Eating and drinking places
Undertakers and Funeral Homes
Hotels and Motels
Bowling Alleys
Home occupation or accessory
professional office except
physicians and dentists
Profes sional offices of
physicians and dentists.
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Guest room.
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S seats.
2 employees; plus S spaces for each chapel.
Guest room plus one for eacn employee.
S per alley.
3 spaces per each home occupation or accessory
professional office.
S spaces per each physician or dentist.
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5.4.1. 2 Area s Computed a s ParkinG Spaces. Areas which may be computed
as open or enclosed off-street parking spaces include any private
garage, carport, or other area available for parking, other than a
street or a driveway. However, a driveway within a required
front yard for a one-family or two-family residence may count as
one parking space, other than on a corner lot a s provided in
Section 5.1. 2.1.
5.4.1.3 Size of Spaces. Three hundred and fifty square feet shall be
considered one parking space (to provide room for standing
area and aisles for maneuvering). Entrance and exit lanes
shall not be complted as parking space except for driveways for
one-family and two-family residences a s set forth in Section
5.4.1.2. Minimum parking stall width shall be ten feet,
minimum length shall be 20 feet.
5.4.1.4 Access. Unobstructed access to and from a street shall be pro-
vided. Such access shall consist of at least one 10-foot lane
for parking area s with less than 20 spaces, and at lea st two
10-foot lanes for parking areas with 20 spaces or m::>re. No
entrance or exit for any off-street parking area shall be located
within 50 feet of a ny street inters ection.
5.4.1.5 DrainaGe and SurfacinG. All open parking area s shall be prop-
erly drained and all such areas shall be provided with a dust-
less surface, except for parking spaces accessory to a one-
family or two-fa mily residence. .
5.4.1.6 Toint Facilities. Required parking spaces, open or enclosed,
may be provided in spaces designed to serve jointly two or
more establishments whether or not located on the same lot,
provided that the number of required spaces in such joint
facilities shall be not less than the total required for all such
establishments.
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5.4.1.7 Combined Spaces. When any lot contains two or more uses having
different parking requirements, the parking requirements for each
use shall apply to the extent of that use. Where it can be con-
clusively demonstrated that one or more such uses will be generat-
ing a demand for parking spaces primarily during periods when the
other use or uses is not or are not in operation, the Planning
Board may reduce the total parking spaces required for that use
with the least requirement.
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5.4.1.8 Location and Ownership. Required accessory parking spaces,
open or enclos ed, shall be provided upon the sa me lot a s the
use to which they are accessory or elsewhere, provided all spaces
therein are located within 200 feet walking distance of such lot.
In all ca ses such parking spaces shall conform to all the regu-
lations of the district in which the parking spaces are located;
and in no event shall such parking spaces be located in any
Residence District unless the use to which the spaces are
accessory are permitted in such residence districts or upon
approval by the Board of Appeals. Such spaces shall be in the
same ownership as the use to which they are accessory and shall
be subject to deed restriction, approved by the Board, binding the
owner and his heirs and a ssigns to maintain the required number
of spaces available either (a) throughout the existence of such
use to which they are accessory, or (b) until such spaces are
provided elsewhere.
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5.4.1.9 On Lots Divided by District Boundaries. When a parking lot is
located partly in one district and partly in another district, the
regulations for the district requiring the greater number of park-
ing spaces shall apply to all of the lot. Parking spaces on
such a lot may be located without regard to district lines, pro-
vided that no such parking spaces shall be located in any
Residence District, unless the use to which they are accessory
is permitted in such district, or upon approval of the Boa rd of
Appeals.
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5.4.2
Off-Street Loadinq Requirements. Off- street loading, berths, open or en-
closed, are permitted accessory to any use (except one- or two-family
residences) subject to the following provisions.
5.4.2.1 Uses for Which Required. Accessory off-street loading berths
shall be provided for any use specified below. Any land which
is developed a s a unit under single ownership and control shall
be considered a single lot for the purpose of thes e loading re-
quirements.
(a) For a public library, museum, or similar quaSi-public
institution, or governmental building, community center,
hospital or sanitarium, nursing or convalescent home,
institution for children or the aged, or school, with
floor area of 10,000 square feet, 1 berth; for each
additional 25,000 square feet or fraction thereof, 1
additional berth.
(b) For buildings with professional, governmental, or
business offices, or laboratory establishments, with
floor area of 10,000 to 25,000 square feet, 1 berth;
for each additional 25,000 square feet or fraction
thereof up to 100,000 square feet, 1 additional berth;
for each additional 50,000 square feet or fraction there-
of, 1 additional berth.
(c) For buildings with offices and retail sales and service
establishments, 1 berth for 8,000 to 25,000 square feet
of floor area, and 1 additional berth for each additional
25,000 square feet of floor area or fraction thereof so
used.
(d) For undertakers and funeral homes, 1 berth for each
chapel. (Such berths shall be at least 10 feet wide,
20 feet long.)
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(e) For hotels, 1 berth for each 25,000 square feet of floor
area.
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(f) For manufacturing, wholesale and storage uses, and for
dry-cleaning and rug cleaning establishments and laundries,
1 berth for 5,000 to 10,000 square feet of floor area in
such use, and 1 additional berth for each additional 20,000
square feet of floor area or fraction thereof so used. In
addition, adequate reservoir parking for waiting trucks
will be provided.
5.4.2.2 Size of Spaces. Each required loading berth shall be a lea st
12 feet wide, 14 feet high, and in no event smaller than re-
quired to accommodate vehicles normally using such berths.
5.4.2.3 Location and Access. Unobstructed access, at least 10 feet
wide, to and from a street shall be provided. Such access
may be combined with access to a parking lot, All permitted
or required loading berths shall be on the same lot a s the us e
to which they are accessory, except as provided in Section
5.4.2.4. No entrance or exit for any off-street loading area
shall be located within 50 feet of any street intersection. No
off-street loading berth shall be located in any required front
yard.
5.4.2.4 Toint Facilities. Permitted or required loading berths, open or
enclosed, may be provided in spaces designed to serve jointly
2 or more adjacent establishments provided that the number of
required berths in such joint facilities shall not be less than the
total required for all such facilities.
5.4.2.5 On Lots Divided by District Boundaries. When a lot is located
partly in one district and partly in another district, the regu-
lations for the district requiring the greater number of loading
berths shall apply to all of the lot. Loading berths on such a lot
may not be located in any Residence District, unless the use to
which they are accessory i\3 permitted in such district, or upon
approval by the Board of Appeals.
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5.4.3
5.4.4
ParkinG ReGulations in Multiple DwellinG or Attached DwellinG Develop-
ments. Wherever space is provided for the parking of 5 or more vehicles
in the open, such spaces shall be individually identified by means of
pavement markings. No parking space shall be located in any front yard
or within 10 feet of any lot line in side or rear yards. The parking of
motor vehicles is prohibited within 15 feet of any wall or portion thereof
of a two or more fa mil y dwelling, which wall contains windows (other
than bathroom or kitchen windows) with a sill height of less than 8 feet
above the level of the said parking space. No service of any kind shall
be permitted to be extended to users of the lot, including automobile
service, repair or fueling, and no ga soline, oil, grea se or other supplies
shall be stored or sold in any such lot or in any garage on such lot.
Parking area s shall be screened by a substantial wall, fence, or thick
hedge, approved by the Planning Board. Generally such screening shall
not be less than 3 or more than 8 feet in height.
ReGulations for ParkinG Soaces Adiacent to Lots in Anv Residence District
5.4.4.1 Wherever a parking area of over 5 spaces abuts or is within 15
feet of the side or rear lot line of a lot in any Residence
District, the said parking lot shall be screened from such
adjoining lot by a substantial wall, fence, or thick hedge,
approved by the Planning Board. Generally such screen shall
be not less than 3 or more than 8 feet in height.
5.4.4.2 Whenver a parking area of over 5 spaces is located across the
street from other land in any Residence Di strict, it shall be
screened from the view of such land by a thick hedge, wall,
or fence approved by the Planning Board, located along a line
drawn parallel to the street and a distance of 20 feet therefrom;
such screening to be interrupted only at points of ingress and
egress. GeneIally no such screening shall be less than 3 feet
or more than 6 feet in height. The open area between such
screening and the street shall be landscaped in harmony with
the landsGaping prevailing on neighboring properties fronting
on the same street. Two identification and directional signs
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5.4.5
5.4.6
5.4.7
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located on the street side of such screening shall be permitted;
however, they shall not exceed an area of 3 square feet each.
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Drivewavs. No driveway shall provide access to a lot located in another
district, which lot is used for any use prohibited in the district in which
such driveway is located.
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Commercial Vehicles
5.4.6. lOne commercial vehicle not exceeding 25 feet in length may be
parked on an occupied lot in any Residence District, but not
within the required yards of such lot and in no case between the
street line and the principal building.
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5.4.6.2 One commercial vehicle not exceeding 25 feet in length may be
parked within a private garage in any Residence District.
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5.4.6.3 Commercial farm vehicles are permitted as accessory to a
commercial farm use in any Residence District.
Trailers. and Boats
5.4.7. I The storage or parking and use of a trailer by any person or
persons is hereby prohibited in all Districts except that:
(a) One house trailer may be stored, but not used for any
purpose, on an occupied lot in any Residence District,
and provided that such trailer is not stored within the
rear yard of said lot nor between the street line and the
principal building;
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(b) Where a building permit has been issued for the construction
or alteration of a building, the Building Inspector may
issue a temporary permit for one trailer for a period not to
exceed 6 months. Said temporary permit may be extended
for I additional period of 6 months if the Building Inspector
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find s that construction ha s been diligently pursued and
that justifiable circumstances require such an extension.
Said trailer may be occupied during the term of the
temporary permit, and shall be situated upon the lot
for which the building permit has been issued. Prior
to the issuance of such a temporary permit by the
Building Inspector the location of said trailer on the lot
shall be subject to Board of Appeals approval. Said
Board may attach to their approval whatever conditions
it deems necessary to carry out the intent of this ordinance.
5.4.7.2 Not more than two boats per dwelling unit may be stored on an
occupied lot in any Residence District provided that such boat
is stored within a rear yard and not less than 5 feet from any
lot line.
Section 5.5 Prohibited Uses in All Districts
The following uses are prohibited in all districts:
5.5.1
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Any use which is noxious, offensive or obj ectionable by rea son of the
emission of smoke, dust, gas, odor or other form of air pollution or by
reason of the deposit, discharge or dispersal of liquid or solid wastes
in any form in a manner or amount as to cause permanent damage to the
soil and streams or to adversely affect the surrounding area, or by
reason of the creation of noise, vibration, electro-magnetic or other
disturbance, or by rea son of illumination by artificial light or light
reflection beyond the limits of the lot on or from which such light or
light reflection emanates, or which involves any dangerous fire, ex-
plosive, radioactive or other hazard, or which causes injury, annoyance
or disturbance to any of the surrounding properties or to their owners
and occupants, and any other process or use which is unwholesome and
noisome and may be dangerous or prejudicial to health, safety or general
welfare, except where such activity is licensed or regulated by other
government agencies.
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5.5.2
5.5.3
5.5.4
5.5.5
5.5.6
5.5.7
5.5.8
5.5.9
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Artificial lighting facilities of any kind with light sources visible beyond
the lot lines which create glare beyond such lines.
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Amusement parks and circuses and related activities except for a temporary
period on special license from the Town Board.
Junk yard or refuse disposal site, except a refuse disposal site established
as an official Town Refuse Disposal Site or duly licensed as a refuse
disposal site by the Town Boa rd.
Uses involving primary production of the following products, from raw
materials:
5.5.5.1 Charcoal, and fuel briquettes. Chemicals: aniline dyes,
carbide, caustic soda, cellulose, chlorine, carbon black and
bone black, creosote, hydrogen and oxygen, industrial alcohol,
nitrates of an explosive nature, potash, plastic materials and
synthetic resins, pyroxlin, rayon yarn, and hydrochloric, nitric,
phosphoric, picric, and sulphuric acids. Coal, coke, and tar
products, including ga s manufacturing; explosives; gelatin,
glue, and size (animal); linoleum and oil cloth; matches,
paint, varnishes, and turpentine; rubber (natural or synthetic);
soaps, including fat rendering; starch.
The following processes: nitrating of cotton or other materials; milling
or processing of flour, magnesium foundry; reduction, refining, smelting
and alloying of metal or metal ores; refining secondary aluminum, refining
petroleum products, such as ga soline, kerosene, naptha, lubricating oil,
distillation of wood or bones; reduction and processing of wood pulp
and fiber; including papermill operations.
Operations involving stock yards and slaughter houses, and slag piles.
Storage of explosives.
Quarries.
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Section 5.6 Cluster Developments
The Planning Board may approve Cluster Developments in an A-R Agriculture-
Residence Districts according to the procedures and requirements specified l;lelow.
The purpose of such development is to provide flexibility in the design and l1evelop-
ment of ]a nd in such a way as to promote the most appropriate use of land to
facilitate the adequate and economical provision of streets and utilities, ~nd to
preserve the natural and scenic qualities of open space.
5.6.1
The maximum number of single-family lots that may be approved in a
Cluster Development shall be computed by subtracting from the total
gross area a fixed percentage of 20% of said area, and dividing the
remaining 80% of the area by the following minimum requirements:
40,000 sq. ft. in an A-R District.
5.6.1.1 In computing the maximum number of lots that may be created,
any lands which are subject to flooding or which are occupied
by public utility easements in such a manner as to prevent
their use and development, shall not be considered part of
. the total gross area. In a Cluster Development, lots shall
conform to the following requirement: Area s zoned in the
A-R District; Section 4.1.2 R-1 District Group B.
5.6.2
The area of a Cluster Development shall be in single ownership or under
unified control.
5.6.3
Prior to the issuance of a building permit in a Cluster Development a
Site Plan shall be submitted to and approved by the Planning Board,
in accordance with Section 9. I through 9. 1 .4.5 and the following
conditions:
5.6.3.1 Said Site Plan shall include area s within which structures may
be located, the height and spacing of buildings, open spaces
and their landscaping, off-street open and enclosed (if any)
parking spaces, and streets, driveways, and any other physical
features relevant to the proposed plan, and
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5.6.5
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5.6.3.2 Said Site Plan shall include a statement setting forth the nature
of all proposed modifications of existing zoning provisions, and
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5.6.3.3 Said Site Plan shall be subject to review and public hearing by the
Planning Board in the manner prescribed in the Town Law Sections
276 and 277. Under these provisions the Planning Board is re-
quired: to hold a public hearing within 30 days after the time of
the Site Plan submission; to advertise said hearing in a newspaper
of general circulation in the Town of Southold at least 5 days
before such hearing; to approve, modify and approve, or disapprove
said Site Plan within 45 days after the date of the public hearing.
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Nothing contained in this ordinance shall relieve the owner or his agent, or
the developer of a proposed Cluster Development from receiving Subdivision
Plat Approval in accordance with the Town Subdivision Regulations. In
approving the Final Plat for a Cluster Development the Planning Board may
modify the acreage reqiJirement for recreation areas as set forth in the
Towns rules governing subdivision review provided that the common land
dedicated in Section 5.6.5.5 of this Ordinance meets all other require-
ments of the Town Subdivision Regulations.
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A Cluster Development shall be organized a s one of the following: (1) a
Homes Association approved by the Federal Housing Administration for
mortgage insurance as a "Planned-Unit Development", and the Town
Board; or (2) a Homes Association approved by the Town Attorney and
Town Board; or (3) any other arrangements approved by the Town Attorney
and Town Board as satisfying the intent of this ordinance. Whenever a
Homes Association is proposed, the Town Board shall reta in the right
to review and approve the articles of incorporation and charter of said
Homes Association, and to require whatever conditions deemed necessary
to insure that the intent and purpose of this ordinance is carried out.
In consideration of said approval, the Town Board shall, in part, require
the Cluster Development to meet the following conditions:
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5.6.5.1 The Homes Association shall be established as an incorporated,
non-profit organization operating under recorded land agreements
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5.6.5.2
5.6.5.3
5.6.5.4
5.6.5.5
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through which each lot owner (and any succeeding owner) is
automatically a member, and each lot is automatically subject
to a charge for a proportionate share of the expenses for the
organization's activities.
Title to all common property shall be placed in the Homes
Association, or definite and acceptable assurance shall be
given that it automatically will be so placed within a reason-
able period of time.
Each lot owner shall have equal voting rights in the Association
and shall have the right to the use and employment of the common
property.
{)nce established, all responsibility for operation and
maintenance of the common land and facilities shall lie
with the Homes Association.
Dedication of all common areas shall be recorded directly on
the Subdivision Plat, or by reference on the Plat to a dedication
in a separately recorded document. Resubdivision of such
areas is prohibited. The dedication shall:
(a) Save the title to the common property to the Homes
Association free of any cloud of implied public
dedication; and
(b) Commit the developer to convey the area s to the
Homes Association at an approved time; and
(c) Grant easement of enjoyment over the area to the lot
owners; and
(d) Give to the Homes Association the right to borrow for
improvements upon the security of the common area s;
and
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(e) Give to it the right to suspend membership rights for non-
payment of a ssessments or infraction of published rules.
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5.6.5.6 Covenants shall be established, limiting all lots to one-family
use and all common lands to open space uses. No structures
may be erected on such common lands except a s shown on the
approved Site Plan.
5.6.5.7 Each deed to each lot sold shall include by reference all recorded
declarations, such as covenants, dedications and other
restrictions (including assessments and the provision for liens
for non-payment of such) .
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5.6.5.8 The Homes Association shall be perpetual; shall purchase insurance;
pay taxes; specify in its charter and by-laws an annual home-
owner's fee, provision for assessments, and provide that all
such charges become a lien on each property in favor of said
Association. The Association shall have the right to proceed
in accordance with all necessary legal action for the foreclosure
and enforcement of liens, and it shall also have the right to
commence action against any member fcir the collection of any
unpaid assessment in any court of competent jurisdiction.
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5.6.5.9 The developer shall assume all responsibilities as previously
outlined for the Homes Association until a majority of the
dwelling sites are sold at which time the Homes Association
shall be automa tically established.
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5.6.6.0 Prior to Site Pian approval the developer shall file with the
Town Board a performance bond to insure the proper installation
of all required improvements, and a maintenance bond to insure
the proper maintenance of all common lands until the Homes
Association is established. The amount and term of said bonds
shall be determined by the Planning Board, and the form,
sufficiency, manner of execution, and surety shall be approved
by the Town Boa rd.
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ARTICLE VI
NON-CONFORMING USES AND NON-COMPLYING BUILDINGS
Section 6.1 Non-Conforminq Uses
6.1.1
6.1. 2
A non-conforming use is any use, whether of a building or tract of land
or both, existing on the effective date of this ordinance which does not
conform to the use regulations of the District in which it is located.
The following provisions shall apply to all buildings and uses existing on
the effective date of this ordinance which do not conform to the require-
ments set forth in this ordinance and to all buildings and uses that become
non-conforming by reason of any subsequent amendment to this ordinance.
6.1.2.1 Non-Conforminq Uses. Any non-conforming use of buildings
or open land, except those specified in Section 6.3 below,
may be continued indefinitely, but:
(a) Shall not be enlarged, altered, extended. reconstructed,
or restored (except a s provided in Section 6.1.2 (ell,
or replaced on a different portion of the lot or parcel
of land occupied by such uses on the effective date of
this ordinance, nor shall any external evidence of
such use be increased by any means whatsoever.
(b) Shall not be moved to another location where such use
would be non-conforming.
(c) Shall not be changed to another non-conforming use
without approval by the Board of Appeals, and then
only to a use which, in the opinion of the Board of
Appeals, is of the same or of a more restricted nature.
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(d) Shall not be re-established if such use has been discontinued
for any rea son for a period of one year or more, or ha s been
changed to, or replaced by, a conforming use. Intent to
resume a non-conforming use shall not confer the right to
do so.
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(e) Shall not be restored for other than a conforming use after
damage from any cause, unless the non-conforming use is
reinstated within one year of such damage; if the restoration
of such building is not completed within the said one year
period, the non-conforming use of such building shall be
deemed to have been discontinued, unless such non-conform-
ing use is carried on without interruption in the undamaged
portion of such building.
Section 6.2 Non-Comolvinci Bilildinqs
6.2.1
A non-complying building is any building which does contain a use pe r-
mitted in the district in which it is located, but does not conform to the
district regulations for: lot area, width, or depth; front, side, or rear
yards; maximum height; lot coverage; or minimum livable floor area per
dwelling unit.
6.2.2
Nothing in this article shall be deemed to prevent normal maintenance
and repair, structural alteration in, moving, reconstruction, or enlarge-
ment of a non-complying building provided that such action does not
increase the degree of or create any new non-conformity with regards
to the regulations pertaining to such buildings.
Section 6.3 Termination of Non-Conforminq Uses
Each of the non-conforming uses specified below is deemed sufficiently objection-
able, undesirable, and out of character in the district in which such ilse is located
as to depreciate the value of other property and uses permitted in the district, and
blight the proper and orderly development and general welfare of such district and
the community to the point that each of such non-conforming uses shall be terminated
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on or before the expiration of the specified period of time after the effective
date of this ordinance; which period of time as specified for the purpose of
permitting the amortization of the remaining value, if any, of such use:
6.3.1
In any Residence District any non-conforming use of open land including
such uses as a commercial parking lot, trailer, junk yard, or open storage
yard for materials or equipment may be continued for three years after
the effective date of this ordinance, provided tha t after the expira tion
of that period such non-conforming use shall be terminated.
6.3.2
In any Residence District, any sign not of a type permitted, or of a
permitted type but greater than the maximum permitted size may be
continued for one year following the effective date of this ordinance,
provided that after the expiration of that period such non-conforming
use shall be terminated.
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Section 6.4 Repairs and Maintenance
Notwithstanding any of the above regulations, nothing in this section shall be
deemed to prevent normal maintenance and repair of any use or building, or the
carrying out upon the issuance of a building permit of major structural alterations
or demolitions necessary in the interest of public safety. In granting such a
building permit, the Building Inspector shall state the precise reason why such
alterations were deemed necessary.
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ARTICLE VII
ENFORCEMENT
Section 7.1 Buildinq Permits
No building in any district shall be erected, reconstructed or restored, or structurally
altered without a building permit duly issued upon application to the Building
Inspector. No building permit shall be issued unless the proposed construction or
is in full conformity with all the provisions of this ordinance. Any building permit
issued in violation of the provisions of this ordinance shall be null and void and
of no effect, without the necessity for any proceedings, revocations or nullification
thereof; and any work undertaken or use established pursuant to the issuance of
a permit in violation of the provisions of this ordinance shall be unlawful.
7.1.1
Every application for a building permit shall contain the following informa-
tion and be accompanied by the required fee and a plot plan drawn to scale
and signed by the person responsible for such drawing. If no such plot plan
is available, a survey is required prepared by a licensed engineer or land
surveyor.
7.1.1.1 The actual shape, dimensions, radii, angles and area of the lot
on which the building is proposed to be erected, or of the lot
on which it is situa ted if an exi sting building;
7.1.1.2 The block and lot numbers as they appear on the latest tax
records;
7.1.1.3 The exact size and locations on the lot of the proposed building
or buildings or alteration of an existing building and of other
existing buildings on the same lot;
7.1.1.4 The dimensions of all yards in relation to the subject building
and the distances between such building any any other existing
buildings on the same lot;
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7.1. 2
7.1. 3
7.1. 4
7.1. 5
7.1. 6
7.1. 7
7.1.1.5 The existing and intended use of all buildings, existing or
proposed, the use of land and the number of dwelling units
the building is designed to accommodate; and
7.1.1.6 Such topographic or other informa tion wi th regard to the build-
ing, the lot or neighboring lots as may be necessary to
determine that the proposed construction will conform to the
provisions of this ordinance.
No building permit shall be issued for the construction or alteration of
any building upon a lot without access to a street or highway as stipulated
in Section 280-a of the Town Law.
No building permit shall be issued for any building where the Site Plan of
such building is subject to approval by the Planning Board, except in
conformity with the plans approved by the said Board.
No building permit shall be issued for a building in any district where
such use is permitted by Special Permit only upon approval of the Board
of Appeals unless and until such approval ha s been duly granted by the
Board of Appeals.
No building permit shall be issued for any building until approval has been
received from the County Health Department for the proposed water supply
and sewage disposal system.
The building permit application and all supporting documentation shall
be made in triplicate. On the issuance of a building permit, the Build-
ing Inspector shall return one copy of all filed documents to the
applicant.
The Building Inspector shall, within ten days after the filing of a complete
and properly prepared application, either issue or deny a building permit.
If a building permit is denied the Building Inspector shall state in writing
to the applicant the rea sons for such denial.
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7.1.8 Every building permit shall expire if the work authorized has not commenced
with 12 months after the date of issuance, or has been completed within
18 months from such date for construction costing less than $1,000,000
and has not been completed within 30 months from such date for construction
costing in excess of such amount. If no zoning amendments or other codes
or regulations affecting subject property have been enacted in the interim,
the Building Inspector may authorize in writing the extension of either
above periods for an additional six months, following which no further work
is to be undertaken without a new building permit.
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7.1.9 As soon as the foundation of a building or of any addition to an existing
building is completed, and before first story framing or wall construction
is begun, there shall be filed with the Building Inspector an accurate survey
signed by the person responsible for said survey, showing the exact location
for such foundation with respect to the street and property lines of the lot.
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7.2.1.1 Occupancy and use of a building erected, reconstructed, restored,
structurally altered, moved, or any change in use of an existing
building;
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7.1.10 The following schedule of fees payable to the Town shall apply to every
building permit application: No charge if the value of construction is $500
or less; a $5 fee when the value of construction is greater than $500, but
less than $1,000; when the value of construction exceeds $1,000 the fee
shall be $5 plus $2 for each additional $1,000 of value above $1,000, up
to a maximum fee of $1,000.
Section 7.2 Certificate of Occuoancv
7.2.1
The following shall be unlawful until a certificate of occupancy shall have
been applied for and issued by the Building Inspector:
7.2.1.2 Occupancy, use or any change in the use of any land; and
7.2.1.3 Any change in use of non-conforming use.
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7.2.2
7.2.3
7.2.4
7.2.5
7.2.6
No certificate of occupancy shall be issued for any use of a building or
of land requiring a special permit upon approval by the Board of Appeals
or for any land or use requiring Site Plan approval by the Planning Board
unless and until such conditional use or Site Plan approval has been duly
granted by the Planning Board. Every certificate of occupancy for which
a special permit or Site Plan approval has been granted, or in connection
with whicn a variance has been granted by the Board of Appeals shall con-
tain a detailed statement of any condition to which the same is subject.
On a form furnished by the Building Inspector, applica tion for a certifica te
of occupancy for a new building or for an existing building which has been
altered, shall be made after the erection of such building or part thereof
has been completed in conformity with the provisions of this ordinance
and in the case of a new building shall be accompanied by an accurate
plot plan, or if not available, by a survey prepared by a licensed land
surveyor or engineer showing the location of all buildings as built. Such
certificate shall be issued within 10 days after receipt of the properly
completed application, but only providing the application states that all
requirements of all other applicable codes or ordinances in effect are
complied with.
If the proposed use is in conformity with the provisions of this ordinance
and of all other applicable codes and ordinances, a certificate of
occupancy for the use of vacant land or for a change of use of a non-
conforming use, shall be issued by the Building Inspector within 10 days
after receipt of a properly completed application. If a Certificate of
Occupancy is denied, the Building Inspector shall state the reasons
in writing to the applicant.
Every application for a certificate of occupancy or a temporary certificate
of occupancy shall be accompanied by a fee of $2.00. Copies of such
certificate will be made available upon payment of $1.00 per copy.
A certificate of occupancy shall be deemed to authorize, and is required
for, both initial occupancy and the continuance of occupancy and use of
the building or land to which it applies.
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7.2.7
7.2.8
Upon written request by the owner, and upon payment of a fee of $5.00,
the Building Inspector shall, after inspection, issue a certificate of
occupancy for any building or use thereof or of land existing at the time of
the adoption of this ordinance, certifying such use and whether or not the
same and the building conforms to the provisions of this ordinance.
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A record of all certificates of occupancy shall be kept in the office of the
Building Inspector and copies shall be furnished on request, to any agency
of the Town or to any persons having a proprietary or tenancy interest in
the building or land affected.
Section 7.3 Duties of the Buildinq Insoector
7.3.1
7.3.2
7.3.3
7.3.4
It shall be the duty of the Building Inspector, who shall be appointed by the
Town Board, to enforce the provisions of this ordinance and of all rules,
conditions and requirements adopted or specified pursuant thereto.
The Building Inspector or his duly authorized a ssistant(s), shall have the
right to enter any building or enter upon any land at any rea sonabl e hour
as necessary in the execution of their duties, provided that the Building
Inspector or his duly authorized as si stant shall di splay identification
signed by the Town Clerk upon commencing an inspection.
The Building Inspector shall maintain files, open to the public, of all
applications for certificates of occupancy and building permits along with
plans submitted therewith as well as final certificates and permits.
The Building Inspector shall also maintain records, open to the public,
of every complaint of a violation of the provisions of this ordinance as
well a s action taken a s a result of such complaints.
Section 7.4 Violations and Penalties
7.4.1
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Violation of any provision or requirement of this ordinance or violation of
any statement, plan, application, permit, or certificate approved under
the provisions of this ordinance shall be considered an offen,se punishable
by a fine of not more than fifty dollars or imprisonment for not more than
6 months, or both.
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7.4.2
7.4.3
7.4.4
7.4.5
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The owner, general agent or contractor of a building, premises, or part
thereof where such a violation has been committed or does exist shall
be guilty of such an offense.
Any agent, contractor, architect, builder, corporation or other person
who commits, takes part or assists in such violation shall also be guilty
of such an offense.
Each and every week that any such violation continues after notification
that such violation exists shall constitute a separate offense. Such notice
shall be written by the Building Inspector and shall be served by mail or
by personal service.
The imposition of penalties herein prescribed shall not preclude the Town
or any person from instituting appropriate legal action or proceeding to
prevent an unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance or use, or to restrain, correct or aba te
a violation, or to prevent the illegal occupancy of a building, land, or
premises.
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ARTICLE VIII
BOARD OF APPFALS
Section 8.1 Creation. Appointment and Orqanization
8.1.1
Establishment and Membership. There shall be a Board of Appeals of five
members pursuant to the provisions of Section 267 of the Town Law.
Section 8.2 Powers and Duties
The Board of Appeals shall have all the powers and duties prescribed by law and by
this ordinance, which are more particularly specified as follows, provided that
none of the following provisions shall be deemed to limit any power of the Board
that is conferred by law:
8.2.1
Interpretation. On appeal from an order, requirement, decision or determina-
tion made by an administrative official, or on request by any official, board
of agency of the Town, to decide any of the following questions:
8.2.1.1 Determination of the meaning of any portion of the text of this
ordinance or of any condition or requirement specified or made
under the provisions of this ordinance.
8.2.1.2 Determination of the exact location of any district boundary
shown on the Zoning Map.
8.2.2
Variances
8.2.2.1 To authorize, upon appeal in specific cases, such variance
from the terms of this ordinance as will not be contrary to the
public interest where there are practical difficulties or un~
necessary hardships in the way of carrying out of the strict
letter of this ordinance, subject to terms and conditions to be
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8.2.2.2
fixed by the Board of Appeals; provided however, that no such
variance shall be granted unless said Board finds:
(al That there are physical conditions, such as in the
case of an exceptionally irregular, narrow, shallow, or
steep lot, fully described in the findings of said Board,
applying to the land or building for which the variance
is sought, which conditions are peculiar to such land
or building, and have not resulted from any act of the
applicant or any prior owner; and
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(bl That, for rea sons fully set forth in the findings of said
Board, the aforesaid circumstances or conditions are
such that the strict application of the provisions of this
ordinance would deprive the applicant of the reasonable
use of such land or building and the granting of the
variance is necessary for the rea sonable use of the land
or building, and that the variance as granted by said
Board is the minimum variance that will accomplish this
purpose; and
(cl That the granting of the variance under such conditions
as said Board may deem necessary or desirable to apply
thereto will be in harmony with the general purpose and
intent of this ordinance, will not represent a radical
departure therefrom, will not be injurious to the neighbor-
hood, will not change the character thereof and will not
be otherwise detrimental to the public welfare.
The needs or desires of a particular owner or tenant or of a
particular prospective owner or tenant shall not, either alone
or in conjunction with other factors, afford any basis for the
granting of a variance. The fact that the improvements already
existing at the time of the application are old, obsolete, out-
moded or in disrepair or the fact that the property is then un"'"
improved shall not be deemed to make the plight of the property
unique or to contribute thereto.
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8.2.3
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8.2.2.3 Where said Board finds the zoning classification of a particular
property to be conducive to the deprivation of the rea sonable use
of the land or buildings and where said Board finds the same
condition to apply generally to other land or buildings in the same
neighborhood or zoning district, the said Board shall call this
condition to the attention of the Planning Board.
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8.2.2.4 In all cases where the Board of Appeals grants a variance from
the strict application of the requirements of this ordinance, it
shall be the duty of such Board to attach conditions and safe-
guards as may be required in order that the result of its action
may be as nearly as possible in accordance with the spirit and
intent of this ordinance.
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Special Permits
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8.2.3.1 In addition to such powers as may be conferred on it by statute,
the Board of Appeals shall have the power, after public notice
and hearing, and on application, to issue special permits for
any of the uses specified in the District Use Regulations Article
III as requiring such permits in the particular district. In
issuing such a special permit the Board shall take into con-
sideration the public health, safety, and welfare, the comfort
and convenience of the public in general and of the residents
of the immediate neighborhood in particular, and may prescribe
appropriate conditions and safeguards as may be required in
order that the result of its action may, to the maximum extent
possible, further the expressed intent of this ordinance and the
accomplishment of the following objectives:
(a) That all proposed structures, equipment , or material shall
be readily accessible to fire and police protection.
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(b) That the proposed use shall be of such location, size and
character that, in general it will be in harmony with the
appropriate and orderly development of the district in which
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8.2.3.2
8.2.3.3
it is proposed to be situated and will not be detrimental
to the orderly development of adjacent properties in
accordance with the zoning classification of such
properties.
(c) That, in addition to the above, in the case of any use
located in, or directly adjacent to, a residential district:
1. The location and size of such use, the nature
and intensity of operations involved in or con-
ducted in connection therewith, its site layout
and its relation to access streets shall be such
that both pedestrian and vehicular traffic to and
from the use and the assembly of persons in
connection therewith will not be hazardous or
inconvenient to, or incongruous with, the said
residential district or conflict with the normal
traffic of the neighborhood; and
2. The location and height of buildings, the location,
nature and height of walls and fences, and the
nature and extent of landscaping on the site
shall be such that the us e will not hinder or
discourage the appropriate development and use
of adjacent land and buildings.
In issuing a special permit, the Board may require any walls,
fences, or landscaping which it deems necessary to protect
the value of adjacent properties or to prevent any hindering
of the appropriate development of adjacent land.
Each application for a special permit shall be accompanied by
a proposed plan showing the size and location of the lot, the
location of all buildings and proposed facilities including access
drives, parking areas, and all streets within 200 feet of the lot.
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8.2.4
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8.2.3.4 Should any special permit involve any of the area s specified in
Article X, Section 10.1.5.1 (a) through (e), then the matter shall
be referred, prior to final action by the Board of Appeals to the
Suffolk County Planning Board in accordance with Section 1304
of Articl e XIII of the Suffolk County Charter.
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8.2.3.5 Any use for which a special permit may be granted shall be
deemed to be a conforming use in the district in which such use
is located provided that such permit shall be deemed to affect
only the lot or portion thereof for which such permit shall have
been granted.
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8.2.3.6 The Board of Appeals may require that special permits be period-
ically renewed. Such renewal shall be granted following due
public notice and hearing, and may be withheld only upon a
determination by the Board to the effect that such conditions as
may have been prescribed by the Board in conjunction with the
issuance of the original permit have not been, or are being no
longer, complied with.
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Temoorarv Certificate of Occupancy
8.2.4.1 To authorize, upon denial by the Building Inspector of a certificate
of occupancy, the issuance of a temporary certificate of occu-
pancy by the Building Insp'ector for a period of not to exceed
ninety (90) days, for the completion of any alterations that are
required under the provision of any law GI ordinance, or for the
completion of a part of an uncompleted building; provided that
the Board finds that:
(a) The denial of a certificate of occupancy prior to completion
of the said alterations or of the building would cause un-
necessary hardship; and
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(b) The safety of the occupants of the building and of adjacent
buildings and land would be adequately assured under such
terms and conditions as said Board may prescribe.
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8.2.4.2 Such temporary certificate shall not be construed as in any way
altering the respective rights, duties or obliga tions of the owner
or of the Town respective to the use or occupancy of the land
or building, or any other matter covered by this ordinance.
Section 8.3 Procedure
The powers and duties of the Board of Appeals shall be exercised in accordance
with the following procedure:
8.3.1
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8.3.2
The Board of Appeals shall not decide upon any appeal for a variance, special
permit, or interpretation of this ordinance without first holding a public
hearing, notice of which hearing and of the substance of the appeal or
application shall be given by publication in the official newspaper of the
Town at lea st 5 days before the date of such hearing. In addition to such
published notice, the Board of Appeals shall cause such notice to be mailed
at least 5 days before the hearing to the following: All owners of property
which lie adjacent to that owned by the applicant in the immediate area;
All other owners as the Board of Appeals may deem advisable.
8.3.1.1 The names of said owners shall be taken a s they appear on the
la st completed tax roll of the Town.
8.3.1.2 Provided that due notice shall have been published as above pro-
vided and that there shall have been substantial compliance
with the remaining provisions of the paragraph, the failure to
give notice in exact conformance herewith shall not be deemed
to invalidate action taken by the Board of Appeals in connection
with the granting of any appeal or variance.
All appeals and applications made to the Board of Appeals shall be in writing,
on forms prescribed by said Board and shall be accompanied by a fee of
not less than the actual and necessary costs of advertising and holding a
public hearing, The Board of Appeals may, in its discretion, return to the
applicant part or all of the fee paid by him in the event that his appeal
under Section 8.2,1 (Interpretation) is partially or wholly successful. The
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8.3.3
8.3.4
8.3.5
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fee filed in connection with applications under Section 8.2.2 (Variances)
shall not be returnable regardless of disposition of the case by the Board.
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Each appeal or application shall fully set forth the circumstances of the ca se.
Every appeal or application shall refer to the specific provision of the
ordinance involved and shall exactly set forth, as the case may be, the
interpretation that is claimed, the details of the variance that is applied
for and the grounds on which it is claimed that the same should be granted.
Should any appeal involve either of the two following conditions, the
Secretary of the Board of Appeals shall transmit to the designated office or
official a copy of the official notice of the public hearing not later than
10 days prior to the date of the hearing.
8.3.4.1 Any change in the boundaries of any district, which change
would occur within a distance of 500 feet of the boundary of
any village, town, or county or any boundary of a State park
or parkway.
8.3.4.2 Any change in the regulations prescribed for any district, any
portion of which is located within 500 feet of the boundaries
listed in Section 8.3.4.1.
8.3.4.3 The designated official for counties "Shall be the Clerk of the
Board of Supervisors. In villages, and towns, the designated
official shall be the clerk of the municipality. In the ca se of
State parks or parkways, the designated office shall be the
Long Island Park Commission.
Prior to the date of any public hearing, the Secretary of the Board of Appeals
shall transmit to the Secretary of the Planning Board a copy of any appeal
or application, together with a copy of the notice of such hearing. The
Planning Board may submit to the Board of Appeals an advisory opinion on
said appeal or application at any time prior to the rendering of a decision
by the Board of Appeals.
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8.3.6
8.3.7
8.3.8
8.3.9
Should any action by the Board of Appeals involve any of the areas
specified in Article X, Section 10.1.5.1 (a) through (e), then the matter
shall be referred prior to final action by the Board of Appeals, to the
Suffolk County Planning Board in accordance with Section 1304 of Article
XIII of the Suffolk County Charter.
Every decision of the Board of Appeals shall be recorded in accordance with
standard forms adopted by the Board, and shall fully set forth the cir-
cumstances of the case and shall contain a full record of the findings on
which the decision is based. Every decision of the said Board shall be by
resolution and each such resolution shall be filed in the office of the
Town Clerk by ca.se number, under one of the following headings: (1)
Interpretation, or (2) Variances, together with all documents pertaining
thereto. Regarding their decision in each case, the Board of Appeals
shall notify the Building Inspector, Town Boa rd, Town Planning Board,
and the municipal clerk of any affected municipality given notice of
hearing as set forth in Section 8.3.4.
All the provisions of this ordinance relating to the Board of Appeals shall
be strictly construed. Said Board as a body of jurisdiction, shall act in
full conformity with all provisions of law and of this ordinance and in
strict compliance with all limitations contained therein.
Unless construction is commenced and diligently pursued within six months
of the date of the granting of a variance, such variance shall become
null a nd void.
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ARTICLE IX
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PLANNING BOARD
Section 9.1 Approval of Site Development Plans.
In all ca ses where this ordinance requires approval of Site Development Plans by
the Planning Board, no building permit shall be issued by the Building Inspector
except upon authorization of and in conformity with the plans approved by the Plan-
ning Board.
9.1.1
Objectives. In considering and acting upon Site Development Plans the
Planning Board shall take into consideration the public health, safety and
welfare, the comfort and convenience of the public in general and of the
residents of the immediate neighborhood in particular, and may prescribe
appropriate conditions and safeguards as may be required in order that the
result of its action may, to the maximum extent possible, further the ex-
pressed intent of this ordinance and the accomplishment of the following
obj ecti ves in particular:
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9.1.1.1 Traffic Access. That all proposed traffic access and ways are
adequate but not excessive in number; adequate in width,
grade, alignment and visibility; not located too near street
corners or other places of public assembly; and other similar
safety considerations.
9.1.1.2 Circulation and Parkinq. That adequate off-street parking and
loading spaces are provided to prevent parking in public
streets of vehicles of any persons connected with or visiting
the use and that the interior circulation system is adequate
to provide safe accessibility to all required off-street parking
lots.
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9.1. 2
9.1. 3
9.1.1.3 Landscapinq and Screeninq. That all playground, parking and
service areas are reasonably screened at all seasons of the
year from the view of adjacent residential lots and streets and
that the general landscaping of the site is in character with
that generally prevailing in the neighborhod. Existing trees
over 8" in diameter measured 3 feet above the base of the trunk
shall be retained to the maximum extent possible.
Effect of Site Development Plan Approval
9.1.2.1 No building permi t shall be issued for any structure covered by
this section until an approved Site Development Plan or approved
amendment of any such plan ha s been secured by the applicant
from the Planning Board and presented to the Building Inspector.
9.1.2.2 No certificate of occupancy will be issued for any structure or
use of land covered by this section unless the structure is
completed or the land is developed or used in accordance
with an approved Site Development Plan or approved amend-
ment of any such plan.
9.1. 2.3 Should any Site Plan approval involve anyof the areas specified
in Article X, Section 10.1.5.1 (a) through (e), then the matter
shall be referred, prior to final action by the Planning Board,
to the Suffolk County Planning Board in accordance with
Section 1304 of Article XIII of the Suffolk County Charter.
Procedure
9.1.3.1 Pre-Submission Conference. Prior to the submission of a Site
Development Plan, the applicant shall meet in person with the
Planning Board. The purpose of such conference shall be to
discuss proposed uses or development in order to determine
which of the Site Development Plan elements listed in Section
9.1.4 shall be submitted to the Planning Board in order for said
Board to determine conformity with the provisions and intent of
this ordinance.
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9.1.3.2 Within 6 months following the pre- submission conference, the
Site Development Plan and any related information shall be sub-
mitted to the Building Inspector in triplicate at lea st 15 days
prior to the Planning Board meeting at which approval is requested.
If not submitted within this 6 month period, another pre-submission
compliance shall be required.
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9.1.3.3 The Building Inspector shall certify on each Site Development Plan
or amendment whether or not the plan meets the requirements of
all zoning ordinance provisions other than those of this section
regarding Site Development Plan approval.
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9.1.3.4 The Building Inspector shall retain one copy and transmit two
copies of the certified Site Development Plan to the Secretary
of the Planning Board at least 7 days prior to the Planning Board
meeting at which approval is requested.
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9.1.3.5 The Planning Board shall act to approve or disapprove any such
Site Development Plan within 90 days after the meeting at
which approval is requested. Failure to act within 90 days shall
be deemed approval. Planning Board disapproval shall include
written findings upon any Site Development Plan element found
contrary to the provisions or intent of this ordinance. In review-
ing the application, the Planning Board may secure the advice
or assistance of one or more expert consultants as qualified
to advise a s to whether a proposed use will conform to the
requirements of this ordinance. The assistance of a con-
sultant, if sought, must be obtained within 10 days of the
receipt of the application. Such consultant shall report within
30 days after receipt of such request whether or not the use
applied for will be operated in conformance with the performance
standards, and if not, what modification in design or operation
would be necessary for conformance. A copy of the report of
such consultants shall be furnished to the Planning Board,
Building Inspector, and applicant.
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9.1. 4
9.1.3.6 Amendments to a Site Development Plan shall be acted upon
in the same manner as the approval of the original plan.
9.1.3.7 The Planning Board may require that Site Plan approval be
periodically reviewed.
Site Development Plan Elements. The applicant shall cause a Site Develop-
ment Plan map to be prepared by a civil engineer, surveyor, land planner,
architect, or other competent person. Site Development Plan elements
shall include those listed below which are appropriate to the proposed
development or use as indicated by the Planning Board in the pre-submission
conference.
9.1.4.1 Leaal Data
(a) Lot, block, and section number of the property taken
from the latest tax records.
(b) Name and address of the owner of record.
(c) Name and address of person, firm, or organization
preparing the map.
(d) Date, north point, and written and graphic scale.
(e) Sufficient description or information to define precisely
the boundaries of the property. All distances shall be
in feet and tenths of a foot. All angles shall be given
to the nearest 10 seconds or closer. The error of
closure shall not exceed one in ten thousand.
(f) The locations, names, and existing widths of adjacent
streets and curb lines.
(g) The locations and owners of all adjoining lands as shown
on the la test tax records.
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9.1.4.2
(h) Location, width, and purpose of all existing and proposed
easements, set-backs, reservations, and areas dedicated
to public use within or adjoining the property.
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(i) A complete outline of existing deed restrictions or covenants
applying to the property.
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(j) Existing zoning.
Natural Features
(a) Existing contours with intervals of five (5) feet or less,
referred to a datum satisfactory to the Board.
(b) Approximate boundaries of any areas subject to flooding
or storm water overflows.
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(c) Location of existing watercourses, marshes, wooded area s,
rock outcrops, isolated trees with a diameter of eight
inches or more, mea sured three (3) feet above the ba se
of the trunk, and other significant existing features.
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9.1.4.3 Existinq Structures and Utilities
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(a) Location of uses and outlines of structures drawn to scale
on and within 100 feet of the lot line.
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(b) Paved areas, sidewalks, and vehicular access between
the site and public streets.
(c) Locations, dimensions, grades, and flow direction of exist-
ing sewers, culverts, water lines as well a s other under-
ground and above-ground utilities within and adjacent to
the property.
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(d) Other existing development, including fences, landscaping,
and screening.
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9.1.4.4
9.1.4.5
Prooosed Develooment
(a) The location of proposed buildings or structural improve-
ments.
(b) The location and design of all uses not requiring structures,
such as off-street parking and loading areas.
(c) The location, direction, power and time of use for any
proposed outdoor lighting or public address systems.
(d) The location and plans for any outdoor signs.
(e) The location and arrangement of proposed means of access
and egress, including sidewalks, driveways, or other
paved area s. Profiles indicating grading and cross-sections
showing width of roadway, location and width of side-
walks, and location and size of water and sewer lines.
(f) Any proposed grading, screening, and other landscaping
including types and locations of proposed street trees.
(g) The location of all proposed water lines, valves and
hydrants, and of all sewer lines or alternate means of
water supply and sewage disposal and treatment.
(h) An outline of any proposed deed restrictions or
covenants.
(i) Any contemplated pub! ic improvements on or adjoining
the property.
(j) If the Site Development Plan only indicates a first stage,
a supplementary plan shall indicate ultimate development.
Any other information deemed by the Planning Board necessary to
determine conformity of the Site Plan with the intent and regulations
of this ordinance.
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ARTI CLE X
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AMENDMENTS
Section 10.1 Amendments
This ordinance or any part thereof, may be amended, supplemented or repealed, from.
time to time, by the Town Board on its own motion or upon recommendation by the
Planning Board. Prior to public hearing, every such proposed amendment shall be
referred by the Town Board to the Planning Board for a report. The Town Board shall
not take action on any such amendment without such report from the Planning Board
unless the Planning Board fails for any reason to render such report within forty-five
(45) days after its next regularly scheduled meeting following the date of such
referral.
10.1.1 Report of the Plannina Board. In making such report on a proposed amend-
ment, the Planning Board shall make inquiry and determination concerning
the items specified below:
10.1.1.1
Concerning a proposed amendment to or change in text of the
ordinance:
(a) Whether such change is consistent with the aims and
principles embodied in the ordinance a s to the particular
districts concerned;
(b) Which areas, land uses, buildings and establishments
in the Town will be directly affected by such change and
in what way they will be affected;
(c) The indirect implications of such change in its effect on
other regulations; and
(d) Whether such proposed amendment is consistent with the
aims of the Comprehensive Development Plan of the Town.
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10.1. 2
10.1.3
10.1.1.2
Concerning a proposed amendment involving a change in the
Zoning Map:
(a) Whether the uses permitted by the proposed change
would be appropriate in the area concerned;
(b) Whether adequate public school facilities and other
public services exist or can be created to serve the
needs of any additional residences likely to be
constructed a s a result of such change;
(c) Whether the proposed change is in accord with any
existing or proposed plans in the vicinity;
(d) The effect of the proposed amendment upon the gmwth
of the Town as envisaged by the Comprehensive
Develojmlent Plan;
(e) Whether the proposed amendment is likely to result in
an increase or decrease in the total zoned residential
capacity of the Town and the probable effect thereof.
Each petition for a zoning amendment shall be accompanied by a fee of
$20, payable to the Town Clerk upon the filing thereof. No fee shall be
required for petitions filed in favor of, or against, a pending application.
By resolution adopted at a meeting of the Town Board, the Town Board
shall fix the time and place of a public hearing on the proposed amend-
ment and cause notice thereof to be given in accordance with provisions
of Section 264 of Article XVI of the Town Law. All notices of public hearing
shall specify the nature of any proposed amendment; the land or district
affected; and the date when, and the place where, the public hearing
will be held. At least 10 days notice of the time and place of such hearing
shall be published in the official newspaper.
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10.1.4
10.1.5
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Should any proposed amendment consist of or include either of the two
following conditions, the Town Clerk shall transmit to the designated office
or official a copy of the official notice of the public hearing not later
than 10 days prior to the date of hearing.
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10.1.4.1 Any change in the boundaries of any di strict, which change
would occur within a distance of 500 feet of the boundary of
any Village, town or county or any boundary of a State park
or parkway.
10.1. 4.2 Any change in the regulations prescribed for any district, any
portion of which is located within 500 feet of the boundaries
listed in Section 10.1. 4.1.
10.1.4.3 The designated official for counties shall be the Clerk of the
Board of Supervisors. In villages and towns, the designated
official shall be the clerk of the municipality. In the ca s e of
State parks or parkways, the designated office shall be the
Long Island Park Commission.
Should any proposed amendment consist of or include any of the following
conditions, the Town Clerk shall prior to final action, refer the proposed
amendment to the Suffolk County Planning Board in accordance with
Section 1304 of Article XIII of the Suffolk County Charter.
10.1.5.1
Any change in the district classification of, or the regulations
applying to, real property lying within a distance of 500
feet from:
(a) The boundary of any village, or town.
(b) The boundary of any State park or other recreation
area.
(c) The right-of-way of any county or State parkway,
thruway, expressway, or other controlled access
highway.
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10.1.6
(d) The right-of-way of any stream or drainage channel
owned by the county or for which the county has es-
tablished channel lines .
(e) The boundary of any county or State-owned land on
which a public building or institution is located.
In the case of a protest against any amendment, such amendment shall
not become effective except in accordance with the provisions of Section
265 of Article XVI of the Town Law.
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ARTICLE XI
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DEFINITIONS
Section 11.1 Definitions
Unless otherwise expressly stated, the following terms shall for the purpose of this
ordinance have the meaning herein indicated. Words used in the present tense
include the future; the singular number includes the plural and the plural the singular;
the word "person" includes a corporation as well as an indiJvidual; the word "lot"
includes the word "plot". The term "occupied" or "used" as applied to any building
shall be construed as though followed by the words "or intended, arranged or designed
to be occupied or used":
(a)
(b)
Signs;
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Accessory - A building or use clearly incidental or subordinate to, and customary in
connection with, the principal building or use on the same lot.
Ba sement - A story in a building, the structural ceiling level of which is four feet
or more above the average level of finished grade where such -grade abuts that
exterior wall of such building which fronts on any street, and the floor level of
which is below finished grade at any point on the periphery of the building.
Billboards - A sign, including the type commonly known a s a billboard, which directs
attention to a business, commodity, service, entertainment or attraction, sold,
offered or existing elsewhere than upon the same lot where such sign is displayed,
or only incidentally upon such lot.
BuildiDG - Any combination of materials forming any construction, except where
enfuely underground, so as to permit the use of the ground above same as if no
building was present; the term "building" shall include the term "structure" as well
a s the following;
Fences;
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(c) Walls, other than retaining walls projecting above the ground not more
than 3 feet at the higher ground level and not more than 6-1/2 feet at
the lower ground level;
(d) Radio and television receiving and transmitting towers and antennae,
except for such antennae installed on the roof of a "building" and
extending not more than 20 feet above the highest level of the roof
of such "building"; and
(el Porches, outdoor bins and other similar "structures".
Cellar - Any space in a building the structural ceiling level of which is less than
four feet above the average finished grade where such grade abuts that exterior
wall of such building which fronts on any street. A cellar shall not be considered
in determining the permissible number of stories.
Court. Inner - An open space enclo sed on all sides by exterior walls of a building.
Court. Outer - An open space enclosed on three sides by exterior walls of a building.
Court. Outer. Depth of - The linear average dimension measured from the unenclosed
side of the court to the farthest wall thereof.
Court. Outer. Width of - The linear dimension of the unenclosed side of the court.
Curb Level - The established elevation of the street grade at the point that is
opposite the center of the wall nearest to and facing the street line.
Dwellinq. One-Family - A detached building containing one dwelling unit only.
Dwellinq. Multiple - A building or portion thereof containing three or more dwelling
units.
Dwellinq. Row or Attached - A one family dwelling with two common or party walls
separating it from adjacent units on both sides.
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Dwellinq, Two-Family - A detached building containing two dwelling uni ts only.
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Dwellinq. Semi-Detached - A one family dwelling with one wall in common with an
adjacent dwelling.
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Dwellinq Unit - A building or entirely self-contained portion thereof containing
complete housekeeping facilities for only one family, including any domestic servants
employed on the premises and having no enclosed space (other than vestibules,
entrance or other hallways or porches) or cooking or sanitary facilities in common
with any other "dwelling unit." A house trailer, a boarding or rooming house, con-
valescent home, fraternity or sorority house, hotel, inn, lodging, nursing, or other
simila r home, or other similar structure shall not be deemed to constitute a dwelling
unit.
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Family - One or more persons occupying a dwelling unit as a single non-profit house-
keeping unit. More than five persons, exclusive of domestic servants, not related
by blood, marriage or adoption, shall not be considered to constitute a family.
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Floor Area - The sum of the gross horizontal area s of the several floors of the build-
ing or buildings on a lot mea sured from the exterior faces of exterior walls or from
the center line of party walls separating two buildings, excluding cellar and base-
ment area s used only for storage for the operation and maintenance of the building.
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Floor Area, Livable - All spaces within the exterior walls of a dwelling unit ex-
clusive of garages, breezeways, -unheated porches, cellars, heater rooms, and
basements having a window area of less than 10% of the square foot area of the
room. Usable floor area shall include all spaces not otherwise excluded above
such a s: principal rooms, utility rooms, bathrooms, all closets and hallways
opening directly into any rooms within the dwelling unit and all attic space having
a clear height of six feet from finished floor level to pitch of roof rafter with a
clear heigh t of seven feet six inches from finished floor level to ceiling level over
50% of the area of such attic space.
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Floor Area Ratio - The floor area in square feet of all buildings on a lot divided by
the area of such lot in square feet.
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Heiqht - The vertical distance measured from the average elevation of the finished
grade at the front of the building to the highest point of the roof for flat and mansard
roofs, and to the mean height between eave and ridge for other types of roofs.
funk Yard - Land occupied or to be occupied for the storage of old wood, paper, cloth,
or metal, including old automobiles, trucks, equipment, machinery, fixtures and
appliances not usable as originally designed; and also including any portion of
such old automobiles, trucks, equipment or machinery as are or may be sold as
and for junk or salvage.
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Lot - Any parcel of land, not necessarily coincident with a lot or lots shown on a
map of record, which is occ upied or which is to be occupied by a building and its
accessory buildings, if any, or by a group of buildings accessory thereto, if any,
together with the required open spaces appurtenant to such building or group of
building s .
Lot, Comer - A lot at the junction of and abutting on two or more intersecting streets
where the interior angle of intersection does not exceed 135 degrees. A lot abutting
a curved street shall be deemed a corner lot if the tangents to the curve at the points
of intersection of the side lot lines with the street lines intersect at an interior
angle of less than 135 degrees.
Lot. Depth - The minimum distance from the street line of a lot to the rear lot line
of such lot.
Lot Line - Any boundary of a lot other than a street line.
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Lot Line. Rear - The lot line generally opposite to the street line; if the rear lot line
is less than 10 feet in length, or if the lot comes to a point in the rear, the rear
lot line shall be deemed to be a line parallel to the front lot line not less than 10
feet long lying farthest from the front lot line.
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Lot Width - The average distance between side lot lines taken at the front yard
or set-back line and mea sured at right angles to the side lot lines or along a
parallel to the street.
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Manufacturinq - Any process whereby the nature, size, or shape of articles or raw
materials are changed, or where articles are assembled or packaged.
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Main Floor - The largest area found by the projection of a horizontal plane through
the livable floor area which is enclosed by the exterior walls of the building.
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Marina or Boat Basin - Any premises containing one or more piers, wharves, docks,
moorings, bulkheads, buildings, slips, basins or land under water designed, used
or intended to be used primarily for the docking or mooring of boats for compensation.
Motel - A building containing guest rooms or dwelling units each of which, or each
pair of which, has a separate entrance leading directly from the outside of the
building, with parking space conveniently located to each unit, and which is designed,
used or intended to be used primarily for the accommodation of motor vehicle
transients.
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Principal Buildinq - A building in which is conducted the main or principal use of the
lot on which said building is located.
Public Water, Public Sewer - Sewage disposal and water supply systems approved by
the Town Board for municipal operation.
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Siqn - Any structure or part thereof, or any device attached to a building or painted
or represented thereon, which shall display or include any letter, word, model,
banner, pennant, insignia, device, trade flag, or representation which is in the
nature of, or which is used as, an announcement, direction or advertisement, for
commercial purposes or otherwise. A sign includes a billboard and a neon tube,
string of lights, or similar device outlining or hung upon any part of a building or
lot, but does not include the flag or insignia of any nation or group of nations, or
of any governmental agency, or of any political, educational, charitable, philanthropic,
civic, professional, religious or like campaign, drive, movement, or event. Excluded
from this definition are signs which are solely devoted to prohibiting trespassing,
hunting, or fishing.
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Siqn Area - shall include all faces of a sign measured as follows:
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(a)
When such sign is on a plate or framed or outlined, all of the area of such
plate or the area enclosed by such frame or outline shall be included;
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(b) When such sign consists only of letters, designs or figures engraved,
painted, projected or in any manner affixed on a wall, the total area of
such sign shall be deemed the area within which all of the matter of
which such sign consists may be en scribed .
StOry - That part of any building, exclusive of cellars but inclusive of ba sements,
comprised between the level of one finished floor and the level of the next higher
finished floor, or, if there be no higher fini shed floor, then tha t part of the build-
ing comprised between the level of the highest finished floor and the top of the
roof beams.
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Storv. Half - Any space partially within the roof framing, where the clear height
of not more than 50% of such space between the top of the floor beams and the
structural ceiling level is 7 feet 6 inches or more.
Street - A street, improved to the satisfaction of the Planning Board which is one
of the following: an existing Town, County or State highway or street; a street
shown on an approved Subdivision Final Plat; a street shown on a map filed with
the County Clerk (in accordance with Section 280-a of the Town Law) prior to
Planning Board authorization to review subdivisions; a street shown on the Town
Official Map.
Street Line - The dividing line between a lot and a street.
Structural Alteration - Any change in the supporting members of a building, such as
beams, columns, or girders.
Trailer - Any vehicle mounted on wheels, movable either by its own power or by
being drawn by another vehicle, and equipped to be used for living or sleeping
quarters or so as to permit cooking. The term "trailer" shall include vehicles
if mounted on temporary or permanent foundations with the wheels removed.
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Usable Open Space - An unelcosed portion of the ground of a lot which is not devoted
to driveways or parking spaces, which is free of structures of any kind, of which
not more than 25% is roofed for shelter purposes only, the minimum dimension of
which is 40 feet, and which is available and accessible to all occupants of the
building or buildings on the said lot for purposes of active or passive outdoor
recrea tion.
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Use, Accessorv - A use customarily incidental and subordinate to the main use on a
lot, whether such "accessory use" be conducted in a principal or accessory building.
Yard, Front - An unoccupied ground area fully open to the sky between the street line,
or by the street line established by the Official Map of the Town, or an approved
Subdivision Plat, and a line drawn parallel thereto.
Yard. Rear - An unoccupied ground area fully open to the sky between the rear lot
line and a line drawn parallel thereto.
Yard. Side - An unoccupied ground area fully open to the sky between any property
line other than a street or rear lot line, and a line drawn parallel thereto between
the front and rear yards.
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ARTICLE XII
INTERPRETATION
Section 12.1 Interpretation
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In their interpretation and application, the provisions of this ordinance shall be
held to be the minimum requirements adopted for the promotion of the public health,
safety, comfort, convenience, and general welfare. Except where specifically
provided to the contrary, it is not intended by this ordinance to repeal, abrogate,
annul or in any way to impair or interfere with any rules, regulations or permits
previously adopted or issued or which shall be adopted or issued pursuant to law
relating to the use of buildings, structures, shelter or premises; nor is .it intended
by this ordinance, to interfere with or abrogate or annul any easements, covenants
oLother agreements between parties; provided, however that where this ordinance
imposes a greater restriction upon the use of a building or premises, or requires
larger open spaces than are imposed or required by any other statute, ordinance,
rule, regulation or permit, or by any easement, or agreement, the provisions of
thi s ordire nc e shall control.
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ARTICLE XIII
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SEPARABILITY
Section 13.1 Separability
Should any section or provision of this ordinance be decided by the courts to be un-
constitutional or invalid, such ded sion shall not affect the validity of the ordinance
as a whole or any part thereof other than the part so decided to be unconstitutional
or invalid.
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ARTICLE XIV
REPEAL OF PRIOR ZONING ORDINANCES
Section 14.1 ReDeal of Prior Zonina Ordinances
All zoning ordinances or parts of such ordinances heretofore adopted are hereby
repealed.
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ARTICLE XV
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EFFECTIVE DATE
Section 15.1 Effective Date
Upon enactment by the Town Board, this ordinance shall become effective as
provided by law.
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dVV\I 9NINOZ a3S0dO~d
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PROPOSED
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ZONING
DEVELOPMENT PLAN
TOWN OF SOUTHOLD
VILLAGE OF GREENPORT
SUFFOLK COUNTY, NEW YORK
The preparal,cn of this exhibit was financially aided, through J Feder,; p,<ant from the Dec.artment 01
HOUSing and Urban Development, under the Urban Plann'cg ASSlsLlnce PraRram for tne Bureau 01 Communi"
Plilnnlng, Nell' York State Of/In of Planning Coordinalivn_ It w:ls fioanced in part by the State 0' New Yon:
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NOTe: A LARGE WALL SIZE PRINT 0' THIS NAP IS ON FILE WITH THE
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CLERK
A-R AGRICULTURE-RESIDENCE DISTRICT C-N NEIGHBORHOOD-COMMERCIAL DISTRICT M-W MARINA-WATERFRONT DISTRICT
M MANUFACTURING DISTRICT
ASSOCI.\TES
R-I ONE FAMILY - RESIDENCE DISTRICT C- G GENERAL - COMMERCIAL DISTRICT
R-M RESORT-MOTEL DISTRICT
- ZONING DISTRICT BOUNDARY
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