HomeMy WebLinkAbout1993 Code Supplement - 08/25/1993~:
CODE SUPPLEMENT NO. 81, dated 8/25/93
ZONING, CHAPTER 100
RECEIVlD
• AUG 31'1993
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GENERAL CODE PUBLISHERS CORP.
Town of Southold Code Supplement No. Sl
• The enclosed new and/or replacement pages should be placed
in your Code volume immediately! The dateline, an the bottom
of the page, does not indicate the adoption date of the Code
changes, but rather identifies the pages printed with this
supplement.
The page numbers should always correspond to this list.
REMOVE INSERT
7707 - 7708 7707 - 7708
7708.1
10015 - 10018 10015 -10018
• 10018.1
10029 - 10030 10029 -10030
10030.1
10043 - 10044 10043 - 10044
10044.1
10083 - 10084 10083 - 10084
10084.1
10119-10120 10119-10120
10120.1
10131-10132 10131-10132
10132.1
10137 - 10140 10137 - 10140
10158.1
• 10159 - 10164 10159 - 10164
10164.1 10164.1- 10164.3
Do not remove pages 10165 - 10166
10167 - 10168 10167 - 10168
10168.1 10168.1
8-26-95
•
REMOVE INSERT
Supplemental Index, Supplemental Index,
SI-1 - SI-8 SI-1 - SI-8
Legislation, by number or date of adoption, included in this
supplement: L.L. Nos. 5-1993; 6-1993; 7-1993; 8-1993; 9-1993;
10-1993;11-1993;12-1993;13-1993;14-1993.
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§ 100-13 ZONING § 100-13
BERM - A structure composed primarily of earth
intended for privacy, security, enclosure, visual
screening or noise abatement.
BILLBOARD - A sign, including the type commonly
known as a "billboard," which directs attention to a
business, commodity, service, entertainment or
attraction which is sold, offered or existing elsewhere
than upon the same lot where such sign is displayed or
only incidentally upon such lot.
BLOCK-An area bounded by one (1) or more streets or
a municipal boundary and of sufficient size to
accommodate a lot or lots of minimum size required by
this chapter.
BOARDING- AND TOURIST HOUSES - A building,
other than a hotel, where lodging, with or without meals,
for five (5) or more persons is furnished for
compensation.
BOARD OF APPEALS -The Zoning Board of Appeals
of the Town of Southold.
BUILDABLE AREA -The area of a lot remaining after
the minimum yard and open space requirements of this
chapter have been met.
BUILDABLE LAND -The net area of a lot or parcel
after deducting wetlands, streams, ponds, slopes over
fifteen percent (15%), underwater land, easements or
other restrictions preventing use of such land for
construction of buildings or development.
BUILDING -Any structure having a roof supported by
such things as columns, posts, piers, walls or air and
'~ intended for the shelter, business, housing or enclosing
of persons, animals, property or other materials; also any
combination of materials forming any construction,
except where entirely underground so as to permit the
use of the ground above the same as if no "building' was
10015 s-rzs-as
§ 100-13 SOUTHOLD CODE § 100-13
present. The term "building" shall include the term
"structure" as well as the following.
(1) Signs.
(2) Fences.
(3) Walls.
(4) Radio and television receiving and transmitting
towers and antennas, except for such antennas
installed on the roof of a building and extending not
more than twenty (20) feet above the highest level of
the roof of such building.
(5) Porches, outdoor bins and other similar structures.
BUILDING AREA- The aggregate of the maximum
horizontal cross section of the buildings on a lot,
measured between the exterior faces of walls.
(1) The term "building area" shall include the following
(a) Balconies.
(b) Terraces, patios, decks and other structures
above the finished grade.
(c) Swimming pools, tennis courts and other
similar structures.
(2) The term "building area" shall exclude the following.
(a) Cornices, eaves, gutters, chimneys and
fireplaces, projecting not more than twenty-
eight (28) inches from exterior walls.
(b) Steps and open porches, projecting not more
than five (5) feet from exterior walls and having
an area of not more than thirty (30) square feet.
(c) First-story bay windows projecting not mare
than three (3) feet from exterior walls and
exterior cellar doors projecting not more than
six (6) feet from exterior walls.
10016 a-sa-as
§ 100-13 ZONING § 100-13
BUILDING LINE -Aline formed by the intersection of
a horizontal plane at average grade level and a vertical
plane that coincides with the exterior surface of the
building on any side. In case of a cantilevered section of a
building, the vertical plane will coincide with the most
projected surface.
BULKHEAD - A structure or barrier the intended use
for which is to separate and act as a barrier between
earthen material and water. [Added 7-13-1993 by L.L.
No. 14-1993]
CELLAR - Any space in a building, partly below the
finished grade level, which has more than one-half (1/z) of
its height, measured from floor to ceiling, below the
average established curb level or finished grade of the
land immediately adjacent to the building.
CERTIFICATE OF COMPLIANCE - A document issued
by the Building Inspector certifying that the premises
indicated conform to Zoning Board of Appeals
requirements for bed-and-breakfast use or accessory
apartment use at the time of issuance. [Added
6-20-1893 by L.L. No. 6-1993]
CERTIFICATE OF DETERMINATION - A document
issued by the Building Inspector certifying that the
proposed business use of an existing business structure
and/or property complies with the town's Zoning Code at
the date of issuance. [Added b-20-1993 by L.L. No.
b-1993]
CERTIFICATE OF OCCUPANCY- A document issued
by a Town Building Inspector allowing the use and/or
occupancy of a building and/or land and certifying that
the structure and/or use of land and/or structures is in
compliance with all state and local codes, regulations
and requirements.
CLUSTER -See "residential cluster."
CLUB, BEACH - Anot-for-profit corporation, as defined
in § 102 of the Not-For-Profit Corporation Law of the
10017 a-se-as
§ 100-13 SOUTHOLD CODE § 100-13
State of New York, located contiguous to a bay or Long
Island Sound and established for the principal purpose of
engaging in swimming in the sound or the bays, but
excluding any form of aviation, motorboat racing or
waterskiing on inland waterways or similar hazardous
sports.
CLUB, MEMBERSHIP OR COUNTRY or GOLF
COURSE, NONPROFIT - Anot-for-profit corporation,
as defined in § 102 of the Not-For-Profit Corporation Law
of the State of New York, established for the principal
purpose of engaging in outdoor sports, such as golf,
tennis, swimming, fishing, hunting or similar activities,
but not including any form of aviation, outdoor trap,
skeet or target shooting or motorboat racing. The
activities of such a club shall be limited to its members
and their guests and shall not be extended to the general
public.
CLUB, YACHT - Anot-for-profit corporation, as defined
by § 102 of the Not-For-Profit Corporation Law of the
State of New York, established for the principal purpose
of engaging in recreational boating. The activities of such
a `yacht club" shall be limited to its members and their
guests and shall not be extended to the general public.
The term `yacht club" shall be deemed to include the
term "marina" but shall not be deemed to include the
term "boatyard" except for the out-of--water storage of
members' boats.
COMMON OPEN SPACE - An open space area within
or related to a site designated as a development that is
available for the use of all residents or occupants thereof.
CONDOMINIUM - A building or buildings, the
dwelling units of which are individually owned, each
owner receiving a deed enabling him to sell, mortgage or
exchange his dwelling unit independent of the owners of
the other dwelling units in the building or buildings.
COOPERATIVE - A type of resort or multiple residence
in which persons have an ownership interest in the
10018 s-as-ss
§ 100-13 ZONING § 100-13
entity which owns the building or buildings and, in
addition, a lease or occupancy agreement which entitles
them to occupy a particular dwelling unit therein,
regardless of whether, and in what manner, the dwelling
units are managed, leased or otherwise made available
for use by persons other than the owners thereof.
COURT, INNER- An open space enclosed on all sides
by exterior walls of a building.
COURT, OUTER-An open space enclosed on three (3)
sides by exterior walls of a building.
COURT, DEPTH OF OUTER- The linear average
dimension measured from the unenclosed side of the
court to the farthest wall thereof.
COURT, WIDTH OF OUTER -The linear dimension of
the unenclosed side of the court.
CUL-DE-SAC -The turnaround at the end of a dead-
end street.
CURB CUT -The opening along the curbline at which
point vehicles may enter or leave the roadway.
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.
CUSTOM WORKSHOP - A business premises used for
the making of clothing, millinery, shoes or other personal
articles to individual order or measure, far sale at retail
on the premises only and not including the manufacture
of machinery, vehicles, appliances and similar heavy
goods and ready-to-wear or standardized products.
(Cont'd on page 10019)
10018.1 s-as-as
§ 100-13 ZONING § 100-13
7 production of prototype machines or devices or of new
products, and uses accessory thereto, wherein products
are not manufactured for wholesale or retail sale,
wherein commercial servicing or repair of commercial
products is not performed and where there is no display
of any materials or products.
RESIDENTIAL CLUSTER - An area to be developed as
a single entity according to a plan, containing residential
housing units and having a common or public open
space.
RESTAURANT - Any premises where food is
commercially sold for on-premises consumption to
patrons seated at tables or counters. Any facility making
use of carhop or parking lot service to cars or for the
consumption of food to be eaten in said cars or outdoors
shall not be considered a "restaurant" for the purpose of
this chapter and shall be deemed to be a "drive-in or
fast-food restaurant "
RESTAURANT, DRIVE-IN OR FAST FOOD -Any es-
tablishment whose principal business is the sale of foods,
frozen desserts or beverages to the customer in a ready-
to-consume state, usually served in paper, plastic or
other disposal containers, for consumption within the
restaurant building, elsewhere on the premises or for
carryout for consumption off the premises.
RETAIL STORE - An enclosed structure where goods
are offered for sale to the public as take-out items,
including hardware, drugs, food and beverages,
furnishings, apparel and similar products. Minor repair
services within the establishment may be undertaken as
part of product sales.
RETAINING WALL - A structure or barrier the
intended use for which is to separate and act as a barrier
between two (2) areas of earthen material. [Added
7-13-1993 by L.L. No. 14-1993]
10029 a-as-as
§ 100-13 SOUTHOLD CODE § 100-13
RIGHT-OF-WAY LINES -The boundary lines of land
used or intended for use as streets, as shown on deeds,
plats or the Master Plan, and from which yard and other
requirements shall be measured.
ROADSIDE FARM STAND or AGRICULTURAL
STAND - A booth, stall or display area exceeding fifty
(50) square feet in area located on a farm from which
agricultural products are sold to the general public.
SEPTIC TANK- A watertight receptacle that receives
the discharge of sewage from a building, sewer ar part
thereof and is designed and constructed so as to permit
settling of solids, digestion of the organic matter and
discharge of the liquid portion into a disposal area.
SETBACK - An area extending the full width of the lot,
described or a distance between the street right-of--way
and building for the full required front yard depth within
which no buildings or parts of buildings may be erected.
SIGN - 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.
SIGN AREA- Includes all faces of a sign, measured as
follows:
10030 s-as-es
§ 100-13 ZONING § 100-13
(1) 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.
(2) 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
enscribed.
SITE PLAN- A development plan for one (1) or more
lots on which is shown:
(1) The existing and proposed conditions of the lot,
including but not necessarily limited to topography,
vegetation, drainage, floodplains, marshes and
waterways.
(Cont'd on page 10031)
10030.1 s -as -es
§ 100-31 ZONING § 100-31
(10) Veterinarian's offices and animal hospitals, subject
to the following requirements:
(a) The housing of all animals shall be in a fully
enclosed structure, if nearer than one hundred
fifty (150) feet to any lot line.
(11) Cemeteries.
(12) Stables and riding academies.
(13) Wineries for the production and sale of wine
produced from grapes primarily grown in the
vineyards on which such winery is located.
[Amended 5-1-1989 by L.L. No. 1b-1989]
(14) One (1) accessory apartment in an existing one-
family dwelling, subject to the following
requirements:
(a) The accessory apartment shall be located in the
principal building.
(b) The owner of the existing dwelling shall occupy
one (1) of the dwelling units as the owner's
principal residence. The other dwelling unit
shall be leased for year-round occupancy,
evidenced by a written lease for a term of one
(1) or more years.
(c) The existing one-family dwelling shall contain
not less than one thousand six hundred (1,600)
square feet of livable floor area.
(d) The accessory apartment shall contain not less
than four hundred fifty (450) square feet of
livable floor area.
(e) The accessory apartment shall not exceed forty
percent (40%) of the livable floor area of the
existing dwelling unit.
(f) A minimum of three (3) off-street parking
spaces shall be provided.
10043 s - as - as
§ 100-31 SOUTHOLD CODE § 100-31
(g) Not more than one (1) accessory apartment
shall be permitted on a lot.
(h) The accessory apartment shall meet the
requirements of a dwelling unit as defined in
§ 100-13 hereof.
(i) The exterior entry to the accessory apartment
shall, to the maximum extent possible, retain
the existing exterior appearance of aone-family
dwelling.
(j) All exterior alterations to the existing building,
except for access to the apartment, shall be
made on the existing foundation.
(k) The certificate of compliance shall terminate
upon the transfer of title by the owner or upon
the owner ceasing to occupy one (1) of the
dwelling units as the owner's principal
residence. In the event of an owner's demise,
the occupant of an accessory apartment may
continue in occupancy until a new owner shall
occupy the balance of the dwelling ar one (1)
year from date of said demise, whichever shall
first occur. [Amended 6-20-1993 by L.L. No.
6-1993]
(1) All conversions shall be subject to the
inspection of the Building Inspector and
renewal of the certificate of occupancy annually.
[Amended b-20-1993 by L.L. No. 6-1993]
(m) The building which is converted to permit an
accessory apartment shall be in existence and
have a valid certificate of occupancy issued
prior to January 1, 1984, or proof of occupancy
prior to that date. [Amended 5-20-1993 by
L.L. No. 6-1993]
(n) The existing building, together with the
accessory apartment, shall comply with all
10044 s - as -as
§ 100-31 ZONING § 100-31
other requirements of Chapter 100 of the Town
Code of the Town of Southold.
(o) Notwithstanding the provisions of § 100-31B
hereof, no site plan approval by the Planning
Board shall be required for the establishment of
an accessory apartment.
(p) Approval by the Suffolk County Department of
Health Services of the water supply and sewage
~ disposal systems shall be required.
(Cont'd on page 10045)
10044.1 s - zc - as
§ 100-101 ZONING § 100-101
(300) feet of a church, public school, library,
hospital, orphanage or rest home.
(13) Partial self-service gasoline service stations, subject
to all of the provisions of § 100-1O1B(12) herein and
the following additional requirements:
(a) Each partial self-service gasoline facility shall
have a qualified attendant on duty whenever
the station is open for business. It shall be the
duty of the qualified attendant to control and
operate both the console regulating the flow of
gasoline to the dispensing equipment thereafter
to be operated by the customer at, the self-
service pump island and the dispensing
equipment on the other pump islands.
(b) Gasoline shall at no time be dispensed without
the direct supervision of the qualified
attendant. A control shall be provided which
will shut off the flow of gasoline to the
dispensing equipment at the self-service pump
island whenever the qualified attendant is
absent from the control console for any reason
whatever, including when he is operating the
dispensing equipment on the other pump
islands.
(c) The console regulating the flow of gasoline to
the remote dispensing equipment thereafter
operated by the customer at the self-service
pump island shall be situated in such a manner
as to give the qualified attendant controlling
said console an unobstructed view of the
operation of said remote dispensing equipment.
(d) The self-service pump island shall have controls
on all pumps that will permit said pumps to
operate only when a dispensing nozzle is
removed from its bracket on the pump and the
switch for this pump is manually operated.
10053 a - rze - sa
§ 100-101 SOUTHOLD CODE § 100-101
(e) The self-service pump island shall be protected
by an automatic fire-protection system in the
form of an approved system of dry powder
release which will act as an automatic fire
extinguisher.
(f) No customer shall be permitted to dispense
gasoline unless he shall possess a valid motor
vehicle operator's license.
(g) There shall be no latch-open device on any self-
service dispensing nozzle.
(14) Private transportation service,ineluding garage and
maintenance facilities.
(15) One-family detached dwellings, not to exceed one (1)
dwelling on each lot. [Added 7-13-1893 by L.L. No.
11-1883] ~'
C. [Amended 6-8-1989 by L.L. No. 6-1888] Accessory
uses. The Following uses are permitted as accessory uses
and, except for residential accessory uses and signs,
which are governed by Article XX, are subject to site
plan review:
(1) Accessory uses set forth in and as regulated by
§ 100-31C(1) through (8) of the Agricultural-
Conservation District, subject to the conditions set
forth in § 100-33 thereof.
(2) Wall signs as set forth and regulated in
§ 100-81C(2)(b) of the Limited Business District.
(3) Freestanding or ground signs. Where the building is
set back twenty-five (25) feet or more from the
street, one (1) sign, single- or double-faced, not more
than twenty-four (24) square feet, the lower edge of
which shall be not less than four (4) feet above the
ground, unless attached to a wall ar fence and the
upper edge of which shall not extend more than
fifteen (15) feet above the ground shall be permitted,
which sign shall be set back not less than fifteen
10084 s-as-s3
§ 100-101 ZONING § 100-101
(15) feet from all street and property lines and shall
advertise only the business conducted on the
premises. As used in this subsection, the word
"premises" shall mean all contiguous property in
common ownership.
(4) Open storage of materials or equipment, provided
that such storage shall be at least twenty-five (25)
feet from any lot line, not be more than six (6) feet
high and be suitably screened by a solid fence or
other suitable means of at least six (6) feet in height.
10084.1
(Cont'd on page 10085)
s-as-as
§ 100-201 ZONING § 100-201
7 (7) Sketches, drawn to scale and supporting
information indicating the location of the sign,
colors, size and types of lettering or other graphic
representation and materials to be used, electrical
or other mechanical equipment, details of its
attachment and hanging. Samples of materials
should accompany the application where required by
the Building Inspector.
(8) The written consent of the owner of the property
upon which such sign or signs is or are to be erected
and maintained. In addition, such sign application
shall be accompanied by a fee as established by the
Town Board of the Town of Southold.
(9) Such other pertinent information as the Building
Inspector may require to ensure compliance with
this Article.
D. The Building Inspector shall review the proposed sign
with respect to all quantitative factors. The Planning
Board may approve signs which differ from the
quantitative requirements set forth in this Article,
provided that a finding is made that said sign or signs
conform to the general design principles outlined in
§ 100-202 hereof, and provided further that no sign shall
violate the sign prohibitions and general restrictions
listed in § 100-203 herein.
E. After approval or approval with conditions by the
Planning Board, the Building Inspector shall issue a
permit in accordance with all applicable requirements.
F. No sign permit shall be issued prior to payment of a fee
of twenty-five cents ($0.25) per square foot of sign area,
but in no event shall such fee be less than five dollars
($5.). [Amended 7-13-1993 by L.L. No. 13-1993]
10119 s-rzs-as
§ 100-202 SOUTHOI.D CODE § 100-203
§ 100-202. General design principles.
Decisions on review of signs shall be guided by the following
general design principles:
A. Signs should be a subordinate part of the streetscape.
B. Signs should be as small as practicable.
C. Signs should be as close to the ground as possible,
consistent with required safety and legibility
considerations.
D. A sign should have an appropriate size relationship to
the building upon which it is placed.
E. Whenever feasible, multiple signs should be combined
into one (1) sign to avoid clutter.
F. A sign should not impair the visual effectiveness of
neighboring signs.
G. Garish colors and materials should be avoided.
H. Signs which have dark background colors and light
letters are preferred in order to minimize the apparent
size of signs within the streetscape.
I. Generally, signs on the same building should be within
the same horizontal band and be of a similar height.
J. Except in carefully designed circumstances, signs should
be integrated with fences, walls or buildings and not be
freestanding.
K. Sign material should be durable, requiring little mainte-
nance; use of material such as corrugated plastic,
natural aluminum, bulbous plastic letters, nantextured
plastic and glass the should be avoided.
$ 100-203. Prohibitions and general restrictions.
A. Unless otherwise provided herein, nonaceessory signs,
billboards and mobile signs shall be prohibited in all
districts.
10120 s-as-as
§ 100-203 ZONING § 100-203
'. B. Flashing signs, including any sign or device on which the
artificial light is not maintained stationery and constant
in intensity and color at all times when in use, are
prohibited.
C. Signs which compete for attention with or may be
mistaken for a traffic signal are prohibited. No sign shall
be erected in such a manner as to obstruct free and clear
vision for drivers, interfere with, mislead or confuse
traffic or be located where, by reason of its position,
shape or color, such sign may interfere with, obstruct the
view of or be confused with any
(Cont'd on page 10121)
10120.1 s-aa-as
§ 100-214 ZONING § 100-230
C. Trees used in parking lots shall include honey locust,
pine, oak or other similar fast-growing, hardy varieties
or existing trees where appropriately located.
$ 100-215. Properties located adjacent to creeks.
7 The rear yards of properties located adjacent to creeks shall
include natural vegetation and/or shall contain suitable planted
vegetation to a minimum of twenty (20) feet inland from the
mean high-water-line elevation or wetland boundary to prevent
erosion of the shoreline. Vegetation within the buffer strip shall
not be fertilized or chemically treated.
ARTICLE XXII
(Reserved)
ARTICLE XXIII
Supplementary Regulations
[Added 1.10-1989 by L.L. No. 1-1859]
$ 100-230. Exceptions and modifications.
A. Established front yard setback. Where property in the
vicinity is improved with principal buildings with front
yards of less than that required by the provisions of this
chapter, the front yard setback shall be the average
setback of the existing buildings within three hundred
(300) feet of the proposed building on the same side of
the street within the same use district.
B. Exceptions to lot depth requirements. The minimum lot
depth at any point may be decreased to seventy-five
percent (75%) of the minimum requirement if the
average depth conforms to the minimum requirement.
C. Exceptions to yard requirements.
10131 a-as-as
§ 100-230 SOUTHOLD CODE § 100-230
(1) Permitted obstructions. Cornices or cantilevered
roofs may project not more than two (2) feet into a
required yard. Belt courses, windowsills and other
ornamental features may project not more than six
(6)inches into a required yard. Fences or walls not
over four (4) feet in height may be erected anywhere
on the lot, except as set forth in § 100-232 herein.
Paved terraces, steps and walks (other than such as
are needed for access to the buildings on the lot)
shall not project within fifteen (15) feet of a street
line or four (4) feet of a property line.
(2) Entries and porticos. Aroofed-over but unenclosed
projection in the nature of an entry or portico, not
more than six (6) feet wide and extending not more
than five (5) feet out from the front wall of the
building, shall be exempt from the requirements of
this section when the building otherwise complies
with the regulations of this section. In cemputing
the average setback, the presence of such entries
and porticos shall be ignored. [Amended 7-13-1983
by L.L. No. 12-1993]
(3) Permitted projections. In any district, chimneys on
residential, public ar semipublic buildings may
project into a required yard to the extent of not more
than two (2) feet. In any residential district, terraces
or steps may project into any required yard,
provided that no part thereof is nearer than four (4)
feet to any lot line. [Amended 7-13-1983 by L.L.
No. 12-1883]
D. Height exceptions. The height limitations of this chapter
shall not apply to:
(1) Spires, belfries, cupolas and domes not for human
occupancy; and monuments, transmission towers,
10132 s-as-sa
§ 100-230
ZONING § 100-230
chimneys, derricks, conveyors, flagpoles, radio
towers, television towers and television aerials,
provided that any television or radio aerial shall not
be located nearer than a distance equal to its height
above the roof or other permanent structure to
which it is attached to any overhead electric
transmission line carrying more than two hundred
twenty (220) volts.
(2) Bulkheads, observation towers, monitors, fire
towers, hose towers, cooling towers, water towers,
grain elevators or other structures where a
manufacturing process requires greater height,
provided that any such structures that are located
on any roof area that exceed in height the limits in
(Cont'd on page 10133)
10132.1 a-as-ss
§ 100-237 ZONING § 100-239
E. Operations involving stockyards, slaughterhouses and
slag piles.
F. Storage of explosives.
G. Quarries.
H. Storage of petroleum products. Notwithstanding any
other provisions of this chapter, storage facilities with a
total combined capacity of more than twenty thousand
(20,000) gallons, including all tanks, pipelines, buildings,
structures and accessory equipment designed, used or
intended to be used for the storage of gasoline, fuel oil,
kerosene, asphalt or other petroleum products, shall not
be located within one thousand (1,000) feet of tidal
waters or tidal wetlands.
§ 100-238. Provisions for community water, sewer and
utility facilities.
Where public sewer and/or public water and/or public ar
private utility systems are required, no building or premises to
be serviced by such systems shall be used or occupied nor shall
a certificate of occupancy be issued with respect to the use and
occupancy of such buildings and/or premises unless and until
all such required systems and facilities have been constructed
and are in proper operating condition and have been approved
by all agencies having jurisdiction thereof.
§ 100-239. Land under water; filled land.
Streams, ponds, tidal marshes and portions of Long Island
Sound and its various bays and estuaries, lying within the
boundaries of the Town of Southold, whether or not so indicated
on the Zoning Map as being in a particular use district, shall be
considered as being in the most-restricted use district abutting
thereon, and such zoning classification shall continue in force
regardless of any filling or draining of such lands. Nothing
herein contained shall be construed to permit the filling or
10137 s-as-ss
§ 100-239 SOiTPHOLD CODE § 100-239.2
dredging of such land. For the purpose of computing density for
the development of any lot or lots, no land under water, unless
filled pursuant to law, shall be included in computing the
minimum lot area for each dwelling unit permitted under the
appropriate zoning district in which the property lies.
$ 100-239.1. Excavations. [Amended 8-15-1993 by L.L. No.
9-1993]
No excavation of any kind shall be permitted except in
connection with the construction in the same lot of a building
for which a building permit has been duly issued. In the event
that a building operation is arrested prior to completion and the
building permit therefor is allowed to lapse, within six (6)
months after the date of expiration of such permit, the premises
shall be cleared of any rubbish or other unsightly
accumulations, and topsoil shall be replaced over all areas from
which such soil may have been removed. Any excavation for a
basement or foundation with a depth greater than three (3) feet
below grade shall be either filled or surrounded by a substantial
fence adequate to deny children access to the area and
adequately maintained by the owner of the premises.
$ 100-239.2. Tourist camps, camp cottages and trailers.
A. Permits required. No tourist camp shall be established,
maintained or operated in any district nor shall any tent,
tent house, camp cottage, house car or trailer to be used
or occupied as a place for living, sleeping or eating,
whether charge is or is not made, be erected or placed
therein, unless authorized by the Town Board pursuant
to the provisions of Chapter 88, Tourist and Trailer
Camps.
B. Automobile trailers or house cars. Notwithstanding any
other provisions of this chapter, a single automobile
trailer or house car may be located outside a tourist
camp only when authorized by the Town Board and
10138 a-as-as
§ 100-239.2 ZONING § 100-239.4
7 subject to such conditions as may be prescribed by the
Town Board.
C. Exemptions. This section shall not be deemed to apply to
the temporary or seasonal camp of any unit of the Boy
Scouts of America or the Girl Scouts of America or other
such organizations under the leadership provided by said
organizations, respectively.
§ 100-239.3. (Reserved)1
§ 100-239.4. Building setback requirements adjacent to
water bodies and wetlands. [Added 3.14-1989
by L.L. No. 3-1959]
Notwithstanding any other provisions of this chapter, the
following setback requirements shall apply to all buildings
located on lots adjacent to water bodies and wetlands:
A. Lots adjacent to Long Island Sound, Fishers Island
Sound and Block Island Sound. [Amended 11-24-1992
by L.L. No. 20-1992]
(1) All buildings located on lots adjacent to sounds and
upon which there exists a bluff or bank landward of
the shore or beach shall be set back not fewer than
one hundred (100) feet from the top of such bluff or
bank.
(2) Except as otherwise provided in Subsection A(1)
hereof, all buildings located on lots adjacent to
sounds shall be set back not less than one hundred
(100) feet from the ordinary high-water mark of said
sound.
(3) Buildings which are proposed landward of existing
principal dwellings shall be exempt from the
1 Editors Note: Former ¢ 100-ESB.$. Berme, was deleted 11-E41982 by L4 No. 241992.
10139 s-2n-as
§ 100-239.4 SOUTHOLD CODE § 100-239.4
requirements set forth in Subsection A(1) and A(2)
hereof. [Added 6-15-1993 by L.L. No. 8-1993]
B. All buildings located on lots upon which a bulkhead,
concrete wall, riprap or similar structure exists and
which are adjacent to tidal water bodies other than
sounds shall be set back not less than seventy-five (75)
feet from the bulkhead. The fallowing exceptions will
apply:
(1) Buildings which are proposed landward of existing
buildings.
(2) Lands which are not bulkheaded and are subject to
a determination by the Board of Town Trustees
under Chapter 97 of the Code of the Town of
Southold.
(3) Docks, wharves, pilings, boardwalks, stairs,
promenades, walkways and piers, which are
accessory and separate from existing buildings or
accessory structures.
C. [Amended 6-15-1893 by L.L. No. 5-1993] All buildings
located on lots adjacent to any freshwater body shall be
set back not less than seventy-five (75) feet from the edge
of such water body or not less than seventy-five (75) feet
from the landward edge of the freshwater wetland,
whichever is greater. The following exception will apply:
(1) Lands which are not bulkheaded and are subject to
a determination by the Board of Town Trustees
under Chapter 97 of the Code of the Town of
Southold.
(Cont'd on page 10142.1)
10140 a-2s-es
§ 100-261 ZONING § 100-262
'' § 100-261. Special exception uses; approval required.
[Amended 11-24-1992 by L.L. No. 22-1892]
There is hereby created a category of land use approval to be
known as "special exception uses." Said uses may not be
commenced, created, undertaken, carried out or thereafter
maintained or substantially expanded without a special
exception approval first having been obtained therefor, which
special exception approval shall be granted for the use by the
'~~ Zoning Board of Appeals according to the provisions for the
particular special exception use set forth in this Article or
elsewhere in this chapter. Any land use, including the erection,
construction, reconstruction, alteration, demolition, moving,
conversion or change of use of any structure, shall be a special
exception use requiring a special exception approval if the text
of this chapter or the use schedule hereof denotes the use as
being either the subject of a special exception approval or
simply a special exception use. No building permit for any such
special exception use shall be issued until the required special
exception approval shall have been granted for the same and
the conditions imposed in such approval as prerequisites to a
building permit, if there be any, have been met.
§ 100-262. Application; hearing, approval; violations of
conditions.
A. An application for a special exception approval shall be
on the form for the same provided by the Zoning Board of
Appeals and shall be submitted in triplicate to the
Zoning Board of Appeals, which shall review the
application for completeness and conformity with this
chapter. The Zoning Board of Appeals shall reject the
application if it is not complete or not in conformance
with the Zoning Code and shall notify the applicant as to
the reason for such rejection. If the application is
satisfactory, the applicant and the Zoning Board of
Appeals shall set the application down for a public
hearing. The fee for a special exception shall be three
hundred dollars ($300.), as set forth in § 100-274.
10159 s-ac-as
§ 100-262 SOUTHOLD CODE § 100-262
[Amended 4-10-1880 by L.L. No. 4-1990; 12-11-1890
by L.L. No. 29-1990]
B. Prior to taking action on any special exception use, the
Zoning Board of Appeals shall schedule a public hearing
within forty-five (45) days after determination that the
application is complete. Within sixty (60) days following
the close of the public hearing, the Board shall render a
decision on the application. [Amended 6-15-1993 by
L.L. No. 10-1993]
C. [Amended 6-16-1993 by L.L. No. 10-1993] Effect of
approval. A special exception approval issued in
accordance with the provisions of this Article shall
authorize only the special exception use for which the
approval is granted. No use which is not a special
exception use hereunder shall be authorized by any such
approval. The approval may include reasonable
conditions which the Zoning Board of Appeals
determines to be necessary or appropriate to ensure that
the applicable general and specific standards and
safeguards set forth in this chapter for the use can and
will be met and/or adhered to. A special exception
approval shall be valid for a period of six (6) months but
may be extended for one (1) additional six-month period
by the Zoning Board of Appeals within the requirement
of new public notice of hearing. A continuing or
permanent land use authorized by a special exception
approval, which use is undertaken or begun during the
period of validity of such approval shall thereafter be
deemed a lawful use as if the same were permitted by
this chapter without need for a special exception permit;
provided, however, that:
(1) All conditions imposed by the special exception
approval shall continue to apply unless they, by
their express terms, are of limited duration.
(2) All conditions imposed on special exception approval
uses generally or specifically by this chapter shall
continue to apply, regardless of whether any such
10160 s-2s-as
§ 100-262 ZONING § 100-263
conditions were expressly incorporated into the
special exception approval.
(3) The Zoning Board of Appeals shall retain continuing
jurisdiction over the same.
D. [Amended 6-15-1993 by L.L. No. 10-1993] Violations
of conditions. A violation of any limitation or condition of
a special exception approval or of any provision of this
chapter applicable to a special exception use shall
constitute a violation of this chapter. The Zoning Board
of Appeals shall retain jurisdiction and shall have the
right, after a public hearing, to modify, suspend or
revoke such approval or any term or condition thereof or
to impose thereon one (1) or more new conditions, all on
the following grounds:
(1) False statements or mistake of material fact:
materially false or inaccurate statements in the
application, supporting papers or supporting
testimony or ignorance or misunderstanding of a
material fact by the Board, which fact, had it been
known to the Board at the time of its review, would
have resulted in a denial of the approval sought.
(2) Noncompliance with the terms and conditions of
such approval: failure of the applicant-permittee to
comply with any conditions or terms of the approval.
(3) Activity beyond such approval: exceeding the scope
of the activity, use or project as the same was
described in the application.
§ 100-263. General standards. [Amended 6-1b-1893 by L.L.
No. 10-1993]
No special exception approval shall be granted unless the
Zoning Board of Appeals specifically finds and determines the
following:
10161 a-ae-93
§ 100-263 SOiT'1'HOLD CODE § 100-264
A. That the use will not prevent the orderly and reasonable
use of adjacent properties or of properties in adjacent use
districts.
B. That the use will not prevent the orderly and reasonable
use of permitted or legally established uses in the
district wherein the proposed use is to be located or of
permitted or legally established uses in adjacent use
districts.
C. That the safety, the health, the welfare, the comfort, the
convenience or the order of the town will not be
adversely affected by the proposed use and its location.
D. That the use will be in harmony with and promote the
general purposes and intent of this chapter.
E. That the use will be compatible with its surroundings
and with the character of the neighborhood and of the
community in general, particularly with regard to
visibility, scale and overall appearance.
F. That all proposed structures, equipment and material
shall be readily accessible for fire and police protection.
§ 100-264. Matters to be considered.
In making such determination, consideration shall also be
given, among other things, to:
A. The character of the existing and probable development
of uses in the district and the peculiar suitability of such
district for the location of any of such permitted uses.
B. The conservation of property values and the
encouragement of the most appropriate uses of land.
C. The effect that the location of the proposed use and the
location that entrances and exits may have upon the
creation or undue increase of vehicular traffic congestion
on public streets, highways or sidewalks to assure the
public safety.
10162 a -as -as
§ 100-264 ZONING § 100-264
'' D. The availability of adequate and proper public or private
water supply and facilities for the treatment, removal or
discharge of sewage, refuse or other effluent (whether
liquid, solid, gaseous or otherwise) that may be caused or
created by or as a result of the use.
I~ E. Whether the use or the materials incidental thereto or
produced thereby may give off obnoxious gases, odors,
smoke or soot.
F. Whether the use will cause disturbing emissions of
electrical discharges, dust, light, vibration or noise.
G. Whether the operation in pursuance of the use will cause
undue interference with the orderly enjoyment by the
public of parking or of recreational facilities, if existing
or if proposed by the town or by other competent govern-
„~ mental agencies.
H. The necessity for bituminous-surfaced space for purposes
of off-street parking of vehicles incidental to the use and
whether such space is reasonably adequate and
appropriate and can be furnished by the owner of the
plot sought to be used within or adjacent to the plot
wherein the use shall be located.
I. Whether a hazard to life, limb or property because of fire,
flood, erosion or panic may be created by reason of or as
a result of the use or by the structures to be used
therefor or by the inaccessibility of the property or
structures thereon for the convenient entry and
operation of fire and other emergency apparatus or by
the undue concentration or assemblage of persons upon
such plot.
J. Whether the use or the structures to be used therefor
will cause an overcrowding of land or undue
concentration of population.
K. Whether the plot area is sufficient, appropriate and
adequate for the use and the reasonably anticipated
operation and expansion thereof.
10163 a -zs -ss
§ 100-264 SOUTIiOLD CODE § 100-270
L. Whether the use to be operated is unreasonably near to a
church, school, theater, recreational area or other place
of public assembly.
M. Whether the site of the proposed use is particularly
suitable for such use.
N. Whether adequate buffer yards and screening can and
will be provided to protect adjacent properties and land
uses from possible detrimental impacts of the proposed
use.
O. Whether adequate provision can and will be made for the
cellection and disposal of stormwater runoff, sewage,
refuse and other liquid, solid or gaseous waste which the
proposed use will generate.
P. Whether the natural characteristics of the site are such
that the proposed use may be introduced there without
undue disturbance or disruption of important natural
features, systems or processes and without risk of
pollution to groundwater and surface waters on and off
the site.
§ 100-266. Additional conditions and safeguards.
[Amended 6.16.1893 by L.L. No. 10-1993]
In deciding on any application for a special exception use, the
Zoning Board of Appeals may impose such conditions and
safeguards as it deems necessary or appropriate to preserve and
protect the spirit and the objectives of this chapter.
ARTICLE XXVII
Board of Appeals
[Last amended 1-10.1989 by L.L. No. 1-1989]
§ 100-270. Appointment; membership.
The Town Board shall appoint a Board of Appeals consisting
of five (5) members, as provided by the Town Law.
10164 s-ac-as
§ 100-271 ZONING § 100-272
§ 100-271. Powers and duties.
In addition to such powers as may be conferred upon it by
law, the Board of Appeals shall have the following powers:
A. Appeals: to hear and decide appeals from and review any
order, requirement, decision or determination made by
the Building Inspector.
B. Variances: Where there are practical difficulties or
unnecessary hardships in the way of carrying out the
strict letter of these regulations, the Board of Appeals
shall have the power to vary or modify the application of
such regulations so that the spirit of this chapter shall
be observed, public safety and welfare secured and
substantialjustice done.
C. Special exceptions, special permits and other approvals:
Whenever a use or the location thereof is permitted only
if the Board of Appeals shall approve thereof, the Board
of Appeals may, in a specific case and after notice and
public hearing, authorize such permitted use and its
location within the district in which this chapter
specifies the permitted use may be located.
D. Interpretations: on appeal from an order, decision or
determination of an administrative officer or on request
of any town officer, board or agency, to decide any of the
following.
(1) Determine the meaning of any provision in this
chapter or of any condition or requirement specified
or made under the provisions of this chapter.
(2) Determine the exact location of any district
boundary shown on the Zoning Map.
$ 100-272. Additional conditions and safeguards.
In deciding any matter before it, the Board of Appeals may
impose such conditions and safeguards as it deems necessary or
10164.1 s-ze-as
§ 100-272 SOUTHOLD CODE § 100-274
appropriate to preserve and protect the spirit and the objectives
of this chapter.
§ 100-273. Rules of conduct and procedure.
The Board of Appeals shall, consistent with the law,
determine its own rules of conduct and procedure.
§ 100-274. Fees. [Amended 2-11-1990 by L.L. No. 29-1990;
11-24-1992 by L.L. No. 30-1892]
Applications to the Board of Appeals for any relief herein
shall be accompanied by a fee as hereinafter provided:
A. For applications involving fences, accessory structures or
accessory buildings, alterations or additions containing
less than two hundred (200) square feet in floor area, the
fee shall be one hundred fifty dollazs ($150.).
B. For all other applications, including those involving
commercial property, containing a single request [for
example, an application requesting one (1) variance or
an application requesting a special exception], the fee
shall be four hundred dollazs ($400.).
C. For applications containing more than one (1) request,
such as an application requesting an area variance and a
width variance, the fee shall be six hundred dollars
($600.).
D. For applications for interpretations on appeal from an
order, decision or determination of an administrative
officer, the fee shall be two hundred dollars ($200.) for
each section of the Town Code for which an
interpretation is requested.
E. For applications for variances from Town Law § 280-a
(rights-of--way), the fee shall be two hundred fifty dollars
($250.).
10164.2 s-as-as
§ 100-274 ZONING § 100-275
'' F. For applications for rehearings, the fee shall be the same
as the fee charged for the original application.
§ 100-275. Notice of hearing.
A. In all cases where the Board of Appeals is required to
hold a public hearing, in addition to the notice of such
hearing required by law, a written notice containing the
following information shall be sent by the person
petitioning such Board, or his agent, by either certified
or registered mail, to every owner of property
immediately adjacent thereto. In the event that any
petitioner owns or has any interest in any property
immediately adjacent to the property which is the
subject of such petition, then written notice shall also be
given to the owners of the property adjacent to such
other property of the petitioner. For the purpose of this
section, the words "owner" or `property owner" mean the
owner as shown on the current assessment roll of the
Town of Southold. The notice required by this section
shall be mailed by the petitioner, or his agent,
(Cont'd on page 10165)
10164.3 a-as-as
§ 100-280 ZONING § 100-281
'~ F. At the request of the Planning Board, the Building
Inspector shall review site plan applications for
compliance with this chapter and requirements
established in the presubmission conference.
G. The Building Inspector, at the request of the applicant,
shall review and, if appropriate, shall issue a certificate
of determination upon the inspection of an existing
business structure and/or property for compliance with
the town's Zoning Code at the time of issuance. The fee
for the issuance of a certificate of determination shall be
set by Town Board resolution. [Added 5-20-1893 by
L.L. No. b-1993]
§ 100-281. Building permits.
No building in any district shall be erected, reconstructed,
restored, moved or structurally altered without a building
permit duly issued upon application to the Building Inspector.
No building permit shall be issued unless the proposed
construction or use is in full conformity with all the provisions
of this chapter and the provisions of all other applicable laws,
ordinances, rules and regulations. Any building permit issued
in violation of the provisions of this chapter 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 chapter shall be invalid.
A. [Amended 6-5-1990 by L.L. No. 11-1990] Applications.
Every application for a building permit shall contain the
following information and be accompanied by the
required fee and a plot plan drawn to scale and signed by
the person responsible for each drawing. If no such plot
plan is available, a survey is required, prepared by a
licensed engineer or land surveyor. In addition, plans
and specifications shall be filed with the building permit
application to enable the Building Inspector to examine
such plans to ascertain if the proposed building will
10167 s-as-as
§ 100-281 SOITTHOLD CODE § 100-281
comply with applicable building construction, housing
and fire codes. [Amended 6-b-1990 by L.L. No.
11-18811]
(1) The actual shape, dimensions, radii, angles and area
of the lot on which the building is proposed to be
erected, or of the lot on which it is situated if an
existing building, except in the case of the
alterations of a building which do not affect the
exterior thereof.
(2) The section, block and lot numbers, if any, as they
appear on the latest tax records.
(3) The exact size and locations on the lot of the
proposed building or buildings or structural
alteration of an existing building and of other
existing buildings on the same lot.
(4) The dimensions of all yards in relation to the subject
building, and the distances between such building
and any other existing buildings on the same lot and
adjacent lots.
(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 the necessary computations to
establish conformity to the bulk and density
regulations.
(6) Such topographic or other information with regard
to the building, the lot or neighboring lots as may be
necessary to determine that the proposed
construction will conform to the provisions of this
chapter.
(7) An application for a building permit for construction
on a vacant lot which is not on an approved
subdivision map shall be accompanied by a certified
abstract of title issued by a title company which
shall show single and separate ownership of the
10168 s-zs-as
§ 100-281 ZONING § 100-281
7 entire lot prior to April 9, 1957. [Added 3-14-1989
by L.L. No. 3-1989]
B. 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 provided by § 280-a of the Town
Law.
C. Na 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.
D. No building permit shall be issued for a building in any
district where such use is permitted by special exception
unless and until such approval has been duly granted by
the board having jurisdiction thereof.
E. No building permit shall be issued for any building until
approval has been received from the Suffolk County De-
partment of Health Services for the proposed water
supply and sewage disposal system.
F. The building permit application and all supporting
documentation shall be made in triplicate. Upon the
issuance of a building permit, the Building Inspector
shall return one (1) copy of all filed documents to the
applicant.
G. The Building Inspector shall, within ten (10) business
days after the filing of a complete and properly prepared
(Cont'd an page 10169)
10168.1 s-2s-93