HomeMy WebLinkAbout1995 Code Supplement - 11/25/1995CODE AMENDMENTS/SUPPLEMENTS, dated 11/25/95
Re: Local Law No. 21 of, 1995
ZONING -Chapter 100
§ 100-13 ZONING § 100-13
DEDICATION - The conveyance of a fee or lesser
interest in property to public use, which precludes the
owner or others under him from asserting any right of
ownership inconsistent with the use for which the
property is dedicated.
DWELLING, MULTIPLE - A building or portion
thereof containing three (3) or more dwelling units.
DWELLING, ONE-FAMILY- A detached building
containing one (1) dwelling unit only consisting of a
minimum living area of eight hundred fifty (850) square
feet. [Amended 4-241990 by L.L. No. 8-1990]
DWELLING, ROW OR ATTACHED - Aone-family
dwelling with two (2) common or party walls separating
it from adjacent units on both sides.
DWELLING, SEMIDETACHED - A one-family
dwelling with one (1) wall in common with an adjacent
dwelling.
DWELLING, TWO-FAMILY- A detached building
containing two (2) dwelling units only.
DWELLING UNIT - A building or entirely self-
contained portion thereof consisting of a minimum living
area of eight hundred fifty (850) square feet containing
complete housekeeping facilities for only one (1) 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
"dwelling unit " A house trailer, aboarding- or rooming
house, convalescent home, fraternity or sorority house,
hotel, motel, inn, lodging or nursing or similaz home or
other similaz structure shall not be deemed to constitute
a "dwelling unit' [Amended 6-19-1990 by L.L. No.
13-1990]
EASEMENT - A grant of the use of land for specific
purposes.
10019 11-25-95
§ 100-13 SOUTHOLD CODE § 100-13
FAMILY -One (1) or more persons occupying a dwelling
unit as a single nonprofit housekeeping unit. More than
five (5) persona eighteen (18) years of age or older,
exclusive of domestic servants, not related by blood,
marriage or adoption shall not be wnsidered a "family."
FARM- A site or series of adjoining parcels under
single ownership or management devoted to agricultural
use.
FARM BUILDINGS -All structures useful or necessary
for the conduct of agricultural activities, including but
not limited to barns, silos, mechanical equipment storage
sheds, animal pens or other shelters.
FENCE - A vertical enclosure, solid or partially open, to
prevent straying from within or intrusion from without
or intended to be used as a visual screen. A "fence" is
considered a structure for the purposes of this chapter.
FISH PROCESSING - The readying of fish and
shellfish for shipping to market, including icing,
cleaning, filleting, shucking and the cooking of crabs or
lobster, but not including other cooking, canning,
freezing, smoking or other fish factory operations.
FLEA MARKET - An out-of--doors market operated only
during daylight hours where new or used items are sold
from individual locations, with each location being
operated independently from other locations. Items sold
include but are not limited to household items, antiques,
rare items, decorations, used books and used magazines.
This shall not include sales by a nonprofit organization
on an occasional basis. [Added 10-17-1995 by L.L. No.
21-1995]
FLOOD HAZARD AREA - Land in the floodplain
subject to aone-percent or greater chance of flooding in
any given year.
10020 ii -ss - ss
§ 100-13 ZONING § 100-13
i FLOODPLAIN -The relatively flat area or low lands
adjoining the channel of a river, stream, watercourse,
canal or any body of standing water which has been or
may be covered by floodwater.
FLOOR AREA -The sum of the gross horizontal areas
of all floors of the building or buildings on a lot, having a
clear height of not leas than sia (6) feet measured from
the exterior faces of exterior walla or from the center line
of party walls separating two (2) buildings, including
cellar and basement areas. The "floor area" shall not
include roof overhangs projecting less than three (3) feet
or any floors or portions thereof contained on terraces or
balconies projecting beyond the exterior face of the
building.
_ (Cont'd on page 10021)
10020.1 u - ss - as
§ 100-91 ZONING § 100-91
(8) Public garages.
(9) Funeral homes.
(10)1Flea mazkets. [Added 10-17-1995 by L.L. No.
21-1995]
(11) [Added 6-16-1894 by L.L. No. 9-1884] Takeout
and formula food restaurants, subject to the
following requirements:
(a) Adequate parking shall be provided in
accordance with that required by Article XIX,
Pazking and Loading Areas, of this chapter. All
parking spaces shall be located within
reasonable walking distance of the site or three
hundred (300) feet, whichever is less. The
improvement or development of municipal
parking may be used to satisfy this
requirement. The adequacy of municipal
pazking shall be determined by the Planning
Boazd as part of its site plan review procedure
by conducting a pazking survey of the capacity
of the existing municipal parking area to
accommodate the projected increase in usage
due to the introduction of the subject land use.
(b) An assessment of the potential traffic impacts
of the proposed use must accompany the long
environmental assessment form. The
appropriate mitigation measures must be
incorporated into the site plan.
(c) There shall be no counter serving outdoor traffic
via adrive-in, drive-through, drive-up, drive-by
or walkup window or door.
(d) Exterior signage shall conform in all respects to
Article XX, Signs, of this chapter and, further,
may not be lit from within.
1 Editors Note: Former Suhsection B(10), winerie4 emended 81-1988 by I.L No.
151989, wec repealed i1-26-1994 by W. No. R&1994.
10081 11-YS-95
§ 100-91 SOi)THOLD CODE § 100-92
(e) Advertisements, including trademark logos,
may not be affixed, painted or glued onto the
windows of the business or onto any exterior
structures, including waste disposal receptacles
and flags.
(fl The physical design, including color and use of
materials, of the establishment shall be
compatible with and sensitive to the visual and
physical characteristics of other buildings,
public spaces and uses in the particular
location.
C. [Amended 6-9-1989 by L.I.. No. 6-1989] Accessory
uses. The following uses are permitted as accessory uses
and, except for residential accessory uses and signs,
which are subject to Article XX; are subject to site plan
review:
(1) Accessory uses as set forth in and regulated by
§ 100-31C(1) through (7) of the Agricultural-
Conservation District, and subject to the conditions
set forth in § 100-33 thereofg
§ 100-92. Bulk, area and parking regulations.
No building or premises shall be used and no building or part
thereof shall be erected or altered in the HB District unless the
same conforms to the Bulk Schedule and Parking and Loading
Schedules incorporated into this chapter by reference, with the
same force and effect as if such regulations were set forth
herein in full a
g 6dito~a Note: Former Subsection (:($) and (g), rrhieh regulated sign4 ~rero repealed
11•ge•1894 by L.4 No.2S1894. For eurreat sign providon4 see Art. xx, Signe.
g Bditoi's Note: The Bulk SchedWe is included aL the end o[ this chapter, and the
Parking and Loading Schedules are in ii 100.181 avd 100-182
10082 11-25-90
§ 100-101 ZONING § 100-101
(16) [Added 6-16-1994 by L.L. No. 9-1984] Formula
food restaurants located within a shopping center in
this zone, subject to the following requirements:
(a) There must be sufficient parking as provided for
by the Article XIX, Parking and Loading Areas,
of this chapter, and such parking area shall be
available within the shopping center site to
accommodate the use.
(b) The operation of the establishment shall not
create traffic problems.
(c) There shall be no counter serving outdoor traffic
via adrive-in, drive-through, drive-up, drive-by
or a walkup window or door.
(d) Exterior signage shall conform in all respects to
Article XX, Signs, of this chapter and, further,
may not be lit from within.
(e) Advertisements, including trademark logos,
may not be affixed, painted or glued onto the
windows of the business or onto any exterior
structure, including waste disposal receptacles
and flags.
(fl The signage must conform to the existing color
theme and signage style of the shopping center.
(g) The existing exterior architectural style of the
shopping center building may not be altered or
modified in any way to accommodate the
proposed use.
(h) The use must be located within the shopping
center's main primary building complex and
may not be located within a single freestanding
structure within the shopping center site.
(17) Flea markets. [Added 10-17-1995 by L.L. No.
21-1995]
10089 a -zs - ss
§ 100-101 SOiTfHOLD CODE § 100-103
C. [Amended 5-9-1989 by L.L. No. 6-1989] 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) and (10) of the
Agricultural-Conservation District, subject to the
conditions set forth in § 100-33 thereof. [Amended
11-29-1994 by L.L. No. 26-1994]
(2)* 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.
§ 100-102. Bulk, area and parking requirements.
No building or premises shall be used and no building or part
thereof shall be erected or altered in the B District unless the
same conforms to the Bulk Schedule and Parking and Loading
Schedules incorporated into this chapter by reference, with the
same force and effect as if such regulations were set forth
herein in full e
§ 100-103. Front yard setbacks. [Added 8-22-1995 by L.L.
No. 18-1995]
A. Structures shall be set back at least one hundred (100)
feet from the right-of--way. ,
4 Editode Note: Former Subsections C(2) and (9), which regulated signs, were repelled
11-29-1994 by L.L. No. 20.1994, which local law also renumbered former 6ubseetion CU)
os Subsection C(2). For current sign provisions. see Art xx. Bigna
0 Bditor's Note: The Bulk Schedule 4 included N the and of this chapter, Hall the
Parking sad Loading Schedules are in 44 100-181 and 100.192.
10090 Il - 20- 85
§ 100-103 ZONING § 100-110
B. There shall be an exception to Subsection A if the
adjacent parcels are developed, in which case the
minimum front yard setback shall be the average of the
setbacks of the adjacent parcels.
C. A project shall be divided into sepazate structures so
that no single structure shall have more than sixty (60)
linear feet of frontage on one (1) street. The setbacks of
multiple structures on a parcel may vary, provided that
the average setback of the structures meets the setback
required above and all buildings aze at least seventy-five
(75) feet from the right-of--way.
ARTICLE XI
Marine I (MI) District
[Added 1-10.1989 by LL. No. 1-19896]
§ 100-110. Purpose.
The purpose of the Marine I (MI) District is to provide a
waterfront location for a limited range ofwater-dependent and
(Cont'd on page 10091)
6 Editor's Note: This local law also repealed former Mt 8I, General aegulationa, ae
amended.
li)09o.1 11- YS - 95