No preview available
HomeMy WebLinkAboutProposed Zoning Regulations 1967 :1 I , , , I I I II I I I I I I i I I I I II . I , I I I PROPOSED ZONING REGULATIONS TOWN OF SOUTH OLD SUFFOLK COUNTY, NEW YORK RAYMOND & MAY ASSOCIATES. Planning Consultants I I I I I I I I I I I I I I I I I II 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 I I I I I I I I I I I I I I I I I 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. I I , I I I I I I I I I II I I I I I 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" . -1- PURPOSES I I I I I I I I I I I I I I I I I 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; -2- '. , . '. I . 'I 1.1.7 1. L8 1.1.9 I I I I I I I I I I . 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. -3- ARTICLE II I I .' .1 I I . . . . . . . I . . . 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. -4- . . . . . ,. . . . . . . . . . . . 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. -5- 2.4.3 2.4.4 2.4.5 2.4.6 -6- 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. I I I I I I I I I I I I I I I I I 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 I I I I I I I I I I I I I I I I I 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. -7- ARTICLE III I I I I I I I I I I I I I I I I I 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 ..... 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 -8- , I I I I I I I I I I I I I I I I I I 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. '-""".'., 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. -9- 2. The sum of all areas covered by all principal and acces- sory buildings shall not exceed 20 % of the area of the lot. I I I I I I I I ' I I I I I I I I I I (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. -10- I I I I I I I I I I I II I I I I I 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. -11- 3. Any such use shall not be conducted as a business enterprise. I I I I I I I I I I I I I I I I I 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: -12- I I I I I I I I I I I I I I I I I 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. -13- 4. There shall be no exterior effect at the property line such as noise, traffic, odor, dust, smoke, gas, fumes, or radiation. I I I I I I I (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. I I I I I I I I I I (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. -14- I I I I I I I I I I I I I I I I I (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. -15- 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. I I I I I I I I I I I I I I I I I 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. -16- I I I I I I I I I I I I I I I I II 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. -17- I I 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. I (c) Row or attached dwellings, for rental only, subject to the following conditions: I I 1. The maximum number of dwelling units in a group of row dwellings shall be six. I 2. Same as 3.3.1.2(b) 2, 3, and 4. I Section 3.4 NeiGhborhood Commercial C-N District (a) Retail stores and ba nks I I I I I I 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: I I I II -18- . . . '. . . . . . . . . . . . . . 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) . -19- 3.4.2 -20- (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: I! I I I I I I I I I I I I I! I I II 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. I I I I I I I I I I I I I I I I II 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. -21- 1. Establishments are intended to provide retail goods and services or other uses provided for in this district. I II I II I I I I I I I I I I I I I I (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. -22- I I I I I I I I I I I I I I I I I 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 -23- 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. I I I I I I I I I I I I I I I I I (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: -24- I I I I I I I 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. I I I I I I I I I I 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. -25- 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. I I I I I I I I I I I I I I I I II 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- -26- I I I I I I I I I I I I I I I I I 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. -27- 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) . I I I I I I I 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. -28- I I I I I I I I I I I I I I I I I I I I I I I I I II I I 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. -29- 4.1.1 -30- Bulk and Parkinq Requlations for A-R Aqriculture-Residence District (see Note 1) I I I I I I I I I I I I I I I I I 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. I I I I I I I I I I I I I I I I I 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 -31- 4.1. 3 -32- 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 I I I I I I I I I I I I I I I I I 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. I I I I I I I I I I I I I I I I I 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 -33- ARTICLE V I I I I I I I I I I I I I I I I I 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. -34- I I I I I I I I I I I I I I I I I 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. -35- , \ 5.1. 5 -36- 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. I I I I I I I I I I I I I I II I I I 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 I I I I I I I I I I I I I I I I I 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. -37- I (f) Rela tionship to each other of either windows, doors, chimney, or any porch in the front elevation. I I 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. I I I I 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. I I 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. I I I I 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. I I The following types of signs or artificial lighting are prohibited: I I I I I I I I I I I I I I I I I I I 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. -39- 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 . I I I 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. -40- I I I I Guest room. I II I II I I I I I I 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. I I I I I I I I I I I I I I I I I 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. -41- 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. I I I I I I I 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. I I I I I I 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. I I I I -42- I I I I I I I I I I I I I I I I I 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.) -43- (e) For hotels, 1 berth for each 25,000 square feet of floor area. I I I I I I I I I I I I I I I I I (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. -44- I I I I I I I I I I I I I I I I I 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 -45- 5.4.5 5.4.6 5.4.7 -46- I located on the street side of such screening shall be permitted; however, they shall not exceed an area of 3 square feet each. I I 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. I I I 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. I 5.4.6.2 One commercial vehicle not exceeding 25 feet in length may be parked within a private garage in any Residence District. I I I I 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; I I (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 I I I I I I I I I I I I I I 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 I I I I I I I 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. -47- 5.5.2 5.5.3 5.5.4 5.5.5 5.5.6 5.5.7 5.5.8 5.5.9 -48- Artificial lighting facilities of any kind with light sources visible beyond the lot lines which create glare beyond such lines. I I I I I I I I I I I I I I I I I 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. I I I I I I I I I I I I I I I I I 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 -49- [,.,,; .4 5.6.5 -50- 5.6.3.2 Said Site Plan shall include a statement setting forth the nature of all proposed modifications of existing zoning provisions, and I I I I I 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. I I 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. I I I I I I 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: I 5.6.5.1 The Homes Association shall be established as an incorporated, non-profit organization operating under recorded land agreements I I I I I I I I I I I I I I I I I I I I 5.6.5.2 5.6.5.3 5.6.5.4 5.6.5.5 'tt--. 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 -51- I I (e) Give to it the right to suspend membership rights for non- payment of a ssessments or infraction of published rules. I I I I 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) . I 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. I I I I 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. I I 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. I I I I -52- I I I I I I I I I I I I I I I I I 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. -53- (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. I I I I I I I I I I I I I I I I I (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 -54- I I I I I I I 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. I I I I I I I I I I 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. -55- I I I I I I I I I I I I I I I I I 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; -56- I I I I I I I I I I I I I I I I I 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. -57- I I 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. I 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. I I I I 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; I I I I I I I I I I 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. -58- I I I I I I I I I I I I I I I I I 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. -59- 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. I I I I I I I I I I I I I I I I I 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 -60- 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. I I I I I I I 7.4.2 7.4.3 7.4.4 7.4.5 I I I I I I I I I I 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. -61- 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 -62- , I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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 '" (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. -63- 8.2.3 -64- 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. I I I 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. I I I I Special Permits I I I I I I 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. I I I (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 I I I I I I I I I I I I I I I I I I 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. -65- 8.2.4 -66- 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. I I I I I 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. I I 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. I I I I I I 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 I I I I (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. I I I I I I I 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 I I I I I I I I I I 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 -67- 8.3.3 8.3.4 8.3.5 -68- 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. I II I I I I I I I I I I I I I I I 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. I I I I I I I I I I I I I I I I I 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. -69- ARTICLE IX I I I I I I I 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: I I I I I I 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. I I I I -70- I I I I I I I I I I I I I I I I I 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. -71- 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. I I I 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. I I I I 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. I I I I I I I I I I 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. -72- II I I I I I I I I I I I I I I I I 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. -73- 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. I I I (i) A complete outline of existing deed restrictions or covenants applying to the property. I I I I (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. I (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. I I 9.1.4.3 Existinq Structures and Utilities -74- (a) Location of uses and outlines of structures drawn to scale on and within 100 feet of the lot line. I I I (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. I I I I (d) Other existing development, including fences, landscaping, and screening. I I I I I I I I I I I I I I I I I 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. -75- ARTI CLE X I I I I I I I I I I I I I I I I I 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. -76- I I I I I I I I I I I I I I I I I 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. "'", 'q; -77- 10.1.4 10.1.5 -78- 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. I I I I I I I I I I I I I I I I I 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. I I I I I I I I I I I I I I I I I 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. -79- ARTICLE XI I I I I I I I 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; I I I I I I I I I I 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; -80- I I I I I I I I I I I I I I I I I (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. -81- Dwellinq, Two-Family - A detached building containing two dwelling uni ts only. Ii I I Dwellinq. Semi-Detached - A one family dwelling with one wall in common with an adjacent dwelling. I I 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. I I 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. I I 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. I I I I 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. I I 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. -82- I I I I I I I I I 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. I I I II 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. I I 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. I I I I 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. -83- I I Manufacturinq - Any process whereby the nature, size, or shape of articles or raw materials are changed, or where articles are assembled or packaged. I 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. I I I I 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. I I 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. I I 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. I I Siqn Area - shall include all faces of a sign measured as follows: I I -84- I I I I I (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; I I I I (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. I I I I I I I I I I 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. ,) -85- 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. I I I I I I I I I I I I I I I I I 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. -86- I I I I I I I ARTICLE XII INTERPRETATION Section 12.1 Interpretation I I I I I I I I I I 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. -87- ARTICLE XIII I I I I I I I I I I I I I I I I I 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. -88- I I I I I I I I I I I I I I I I I 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. -89- ARTICLE XV I I I I I I I I I I I I I I I I II EFFECTIVE DATE Section 15.1 Effective Date Upon enactment by the Town Board, this ordinance shall become effective as provided by law. -90- dVV\I 9NINOZ a3S0dO~d I . , . PROPOSED , r-~--- !l! . I ~ I , I 01 ~I &1 ~I I I 1 I 1 ,/ -I 1 I r______-.,..-~- ;~/ ~ ~i ~,~1 121, i<' i ! ! , r ". """'-- R-I &~~ -- -.---..- Long R-I A-R \ , ,~\ ..~ " \ ' ~ I. I \ C'O""':)N "['lV,", / I 'I A-R , \: A'I.,,,, -~ C-G Sou/hold R-M Great Peconic Bay Little Peconic Bay C-N C-G ROBINS ISLAND -.....-:::..::.~... .~ ',' .''''- '-_/ / ~'" '~~~'4", -\~,A, . ,"r. .-"'" . ~{~"~5 -'--A', F.....~> -'--- -I '. :",' y , . I '---'-'-~'-> - (111" ..... -""-..J '/.J \"." ,~ ' ~-_: ",/ . ,-~~,"/ "1> t< 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: I . MAP I I Island Sound ---/ .~ A-~~_ --~ Ori8", Harbor C-N C-G "-----_=_ C! _ _ - I~ / , , / ' \ \ \ Gordiner's Boy \ \ \ \ I I I Bay / / ~ SHELTER ISLAND I I / I I o 1600 '100 ~ -.J I I t II ~mro .,.: R\"l \[0:--.;0& \1.-\""\ ~ , NOTe: A LARGE WALL SIZE PRINT 0' THIS NAP IS ON FILE WITH THE "'-"..,N 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 PI A""-'''''' CO"S,JI T"" 1 <;