HomeMy WebLinkAbout1997 Code Supplement - 06/01/1997CODE AMENDMENTS/SUPPLEMENTS, DATED 6/1/97
Re: Local Law No.'s 4,5,6 6 of 1997
ZONING - CHAPTER 100
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§ 100-13 ZONING § 100-13
AUTO REPAIR SHOP - A commercial use involving the
adjustment, painting, replacement of parts or other
repair or restoration of motor vehicles. [Added
4.25-1997 by L.L. No. 6-1997]
BASEMENT - A story of a building, partly below the
finished grade level, which has more than one-half (i/z) of
its height, measured from floor to ceiling, above the
average established curb level or finished grade of the
land immediately adjacent to the building.
BED-AND-BREAKFAST -The renting of not more than
three (3) rooms in anowner-occupied dwelling for lodging
and serving of breakfast to not more than six (6) casual
and transient roomers, provided that the renting of such
rooms for such purpose is clearly incidental and
subordinate to the principal use of the dwelling.
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 azea 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.
10015 s-i-s~
§ 100-13 SOUTHOLD CODE § 100-13
BREEZEWAY- Open construction with a roof
projecting from the outside wall of a building, not to
exceed dimensions of eight by ten (8 x 10) feet,
connecting the main building and a garage. Other types
of attachments which extend more than ten (10) feet, or
exceed eighty (80) squaze feet in azea, shall not attach a
main building to a separate building unless such
attachment meets the requirements of livable floor area.
[Added 5-31-1994 by L.L. No. 10-1994]
BUILDABLE AREA -The azea of a lot remaining after
the minimum yazd 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
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.
10016 s-i-sv
§ 100-13 ZONING § 100-13
'~ 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) squaze feet.
(c) First-story bay windows projecting not more
than three (3) feet from exterior walls and
exterior cellaz doors projecting not more than
six (6) feet from exterior walls.
(Cont'd on page 10017)
10016.1 s-i-sv
§ 100-13 ZONING § 100-13
FLOOR AREA, LIVABLE - All spaces within the
exterior walls of a dwelling unit, exclusive of garages,
breezeways, unheated porches, cellars, heater rooms and
approved basements having a window area of less than
ten percent (10%) of the squaze foot azea of the room.
Usable floor azea shall include all spaces not otherwise
excluded above, such as principal rooms, utility rooms,
bathrooms, all closets and hallways opening directly into
any rooms within the dwelling unit.
FLOOR AREA RATIO -The floor azea in squaze feet of
all buildings on a lot divided by the area of such lot in
squaze feet.
FOOD CATERING FACILITY - A food prepazation
operation that prepazes food for consumption at a
specific off-site location and/or event distinct from the
restaurant trade. [Added 428-1997 by L.L. No.
6-1997]
FOOD PROCESSING FACILITY - A wholesale
operation where food is processed from a raw or
semiprocessed state to a finished product suitable for
resale at retail outlets or to restaurants. A food
processing facility shall not include an outlet store,
whether accessory or principal. [Added 4-28-1997 by
L.L. No. 6-1997]
i~ FRATERNAL ORGANIZATION - A nonprofit
association of persons bound by a common interest or
goal, be it civic, patriotic, charitable, educational or
historical. (Added 11-28-1989 by L.L. No. 22-1989]
FRONTAGE -The width of a lot at the street line.
GARAGE, PRIVATE - A building used as an accessory
to the main building for the storage of one (1) or more
gasoline or other power-driven vehicles owned and used
by the owner or tenant of the lot on which the garage is
erected for the storage of not exceeding two (2) additional
vehicles (not trucks) owned or used by the others and in
10021 s-i-9v
§ 100-13 SOUTHOLD CODE § 100-13
which no occupation, business or service for profit is
carried on without special permit.
GARAGE, PUBLIC - A building, other than a private
gazage, used for housing or caze of gasoline or other
power-driven vehicles or where such vehicles are
equipped for operation, repaired or kept for
renumeration, hire or sale.
GARAGE, REPAIR - A building, other than a private
gazage, used for adjustment, painting, replacement of
parts or other repair or restoration of motor vehicles or
parts thereof, whether or not accessory or incidental to
another use.
GASOLINE SERVICE STATION - A structure and
surrounding land used for the storage and sale of
petroleum fuel primarily to motor vehicles and for
accessory uses such as the sale of lubricants, accessories
or supplies, the incidental washing of motor vehicles and
the performing of minor repairs within a building;
however, a service station is not a repair garage or a
body shop.
GOLF COURSE, STANDARD REGULATION - A
golfing facility open to the general public for a play
greens fee, which is at least 125 contiguous acres of
property and contains a regulation eighteen-hole golf
course. The following accessory uses may be included,
provided that sufficient land is available: practice tees
for instruction purposes, pro shop and school, driving
range, snack bar or restaurant, catering and banquet
facilities, club houses, course offices, vehicle mainte-
nance shed, employee facilities, locker rooms and
showers, swimming pool and tennis courts. [Added
4-28-1997 by L.L. No. 6-1997]
GREENHOUSE - A structure for growing plants.
GROUND FLOOR -The first floor of a building other
than a cellar or basement.
10022 6-1-97
§ 100-13 ZONING § 100-13
GUEST UNIT - Abedroom-sleeping accommodation for
transient guests, which may or may not include
bathroom facilities and shall be occupied by no more
than two (2) adult persons and be at least eighty (80)
squaze feet in area.
HABITABLE FLOOR AREA- See "floor area, livable."
[Added 6-19-1990 by L.L. No. 13-1990]
HEALTH CARE FACILITY- A structure and premises
regulated by the State of New York and used to provide
an integrated range of medical and/or surgical services,
primarily for in-patients, on a twenty-four-hour basis.
Health services may require surgical facilities,
therapeutic and diagnostic equipment rooms, counseling
facilities, convalescent caze equipment and trauma caze
services. Out-patient clinics and other forms of
ambulatory health caze facilities may exist as accessory
and integral services to the in-patient services.
Supporting or accessory uses may include a kitchen for
preparation of patient meals, cafeteria or snack/coffee
shop for employees and visitors, gift shop, laundry,
pharmacy and staff offices (for bookkeeping, administra-
tion, medical records, etc.). Shall be otherwise known as
a "general or specialized hospital," a "rehabilitation
center,° "rest home" or "adult home." [Added
11-12-1996 by L.L. No. 20-1996)
HEIGHT OF BUILDING - The vertical distance
measured from the average elevation of the existing
natural grade adjacent to the building, before any
alteration or fill, to the highest point of the roof for flat
and mansard roofs and to the mean height between
eaves and ridge for other type roofs.
HISTORICAL SOCIETY- An institution devoted to the
preservation of information, artifacts, structures and
other evidence of a human community or enterprise that
existed in the past. [Added 11-12-1996 by L.L. No.
20-1996]
HISTORIC BUILDING -See "landmark designation."
10023 s-i-sa
§ 100-13 SOUTHOLD CODE § 100-13
HOME BUSINESS OFFICE -The business office of an
individual which does not qualify for home professional
office yet provides a service rather than the retail sale of
goods (i.e., offices providing the service of consulting,
advertising, designing and/or mazketing and which
typically require a home personal computer, telephone
and/or facsimile transmission machine). [Amended
7-28-1992 by L.L. No. 14-1992]
HOME OCCUPATION [Amended 4-9-1991 by L.L. No.
10-1991; 7-28-1992 by L.L. No. 14-1992]:
(1) Any gainful activity customarily conducted only
within a dwelling unit by the residents thereof that
is clearly secondary to the residential use.
(2) Activities carried on by the residents which are
connected with produce of the seas, bays or hazbors
caught or dug by them, including storage and
dockage of boats and geaz, spreading and mending
of nets and other geaz and sale of such produce so
gathered.
(3) Tradesmen, not limited to carpenters, plumbers,
landscapers, painters, masons and electricians,
provided that no retail sales or services are
conducted on site.
HOMEOWNERS' OR HOMES ASSOCIATION - A
community association, including a condominium
association, which is organized in a residential
development in which individual owners have a shazed
interest in the responsibility for open space or facilities.
HOME PROFESSIONAL OFFICE - This shall be
understood to include the professional office or studio of
a doctor, dentist, teacher, artist, architect, engineer,
musician, lawyer, magistrate or practitioners of a similar
character, or rooms used for home occupations, provided
that the office, studio or occupational rooms aze located
in a dwelling in which the practitioner resides. (Added
10024 s-i-sv
§ 100-13 ZONING § 100-13
"'~ 4-9-1991 by L.L. No. 10-1991; amended 7-28-1992 by
L.L. No. 14-1992]
HOTEL OR MOTEL, RESORT - A building or group of
buildings, whether detached or in connected units,
containing individual guest units consisting of a room
arranged or designed to be available for use as sleeping
quarters for transients on a daily rental basis or for
vacationers or other persons on a weekly rental basis,
provided that one (1) such unit may connect directly with
not more than one (1) other such unit. Each unit shall
have a door opening on the exterior of the building or on
a common hallway leading to the exterior. A "resort
I~ motel" may include such accessory uses as a beach
cabana, private dock, dining room, restaurant or
swimming pool, conference and meeting facilities or an
accessory convenience shop, office or personal service
facility, provided that such facility or shop is located
within the building without any external sign or display
and off-street parking facilities. The term "resort motel"
shall not be construed to include "transient motel" or
"mobile home pazk.'
HOTEL OR MOTEL, TRANSIENT - A building or
group of buildings, whether detached or in connected
units, containing individual guest units consisting of a
room arranged or designed to be available for use as
sleeping and living quarters for transients on a daily
rental basis, provided that one (1) such unit may connect
duectly with no more than one (1) other such unit and
that no cooking facilities shall be available. Each such
unit shall have a door opening on the exterior of the
building or on a common hallway leading to the exterior.
A "transient hotel or motel° may include such accessory
uses as an office, restaurant, accessory personal services,
swimming pool and off-street pazking facilities. The term
"transient hotel or motel" shall not be construed to
include "resort motel" or "mobile home park," nor shall it
be deemed to include any dwelling unit except that o£ the
owner or manager.
10024.1 s - i - s7
§ 100-13 SOUTHOLD CODE § 100-13
JUNKYARD - Land occupied or to be occupied for
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 may be sold as and for junk
or salvage. The existence on any residential lot of three
(3) or more unregistered automobiles or trucks not
housed within a building shall be deemed to be a
junkyard ° Public sanitary landfills and the structures
located thereon shall not be included in this definition.1
LANDMARK DESIGNATION - The designation of a
building or structure of azchitectural or historic
significance to the town through listing the property in
the town's Register of Designated Landmarks and filing
a copy of the entry in the Town Clerk's office.
LANDSCAPING - An azea of land restricted to
landscape items which may also include such elements
as natural features, earth berms, sculpture, signs,
lighting, accessways, bikeways and pedestrianways.
LIFE CARE COMMUNITY - A structure or series of
structures designed to provide a comprehensive cohesive
living arrangement for the elderly in accordance with a
license pursuant to New York Public Health Law, Article
46. A life caze community may include along-term
continuing care facility as an integral but accessory
service for residents of the life caze community. [Added
11-12-1996 by L.L. No. 20-1996]
LIGHT INDUSTRL4L USES - Uses which involve
fabrication, reshaping, reworking, assembly or
combining of products from previously prepared
materials and which do not involve the synthesis of
chemical or chemical products other than for
pharmaceutical or reseazch purposes or the processing of
any raw materials except agricultural raw materials.
I Editor's Note: See also Ch. 54, Junkyards.
10024.2 6-1-97
§ 100-13 ZONING § 100-13
Such uses may include industrial operations. such as
electronic, machine parts and small component
assembly, as opposed to heavy industrial operations such
as automobile assembly or milling activities. [Added
4-28-1997 by L.L. No. &1997)
LIGHT INDUSTRY - An activity which involves the
fabrication, reshaping, reworking, assembly or
combining of products from previously prepared
materials and which does not involve the synthesis of
chemical or chemical products other than for
pharmaceutical or reseazch purposes or the processing of
any raw materials, except agricultural raw materials.
"Light industry' includes industrial operations such as
electronic, machine parts and small component
assembly, as opposed to heavy industrial operations such
as automobile assembly or milling activities.
LIVING AREA - See "floor azea, livable.° [Added
6-19-1990 by L.L. No. 13-1990]
LOADING BERTH- A space at least fifteen (15) feet
wide and forty-five (45) feet long, having a minimum
fourteen-foot vertical clearance for loading and
unloading vehicles. No such space required by this
chapter or depicted on any site plan shall constitute a
parking space.
LOT - Any parcel of land, not necessarily coincident
with a lot or lots shown on a map of record, which is
occupied 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 buildings or group of
buildings.
LOT AREA -The area of a lot taken at its perimeter,
exclusive of any portion within a public or private street
right-of--way.
LOT, CORNER - A lot at the junction of and abutting
on two (2) or more intersecting streets where the interior
10024.3 s - i - e~
§ 100-13 SOUTHOLD CODE § 100-13
angle of intersection does not exceed one hundred
thirty-five degrees (135°). A lot abutting a curved street
shall be deemed a `comer 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 one hundred thirty-five degrees (135°).
LOT COVERAGE - That percentage of the lot area
covered by the building azea.
LOT DEPTH -The minimum distance from the street
line of the lot to the reaz lot line of such lot.
LOT, INTERIOR - A lot other than a comer lot or a
through lot.
(Cont'd on page 10025)
10024.4 s - i - s~
§ 100-13 ZONING § 100-13
7 artists, authors, dentists, doctors, lawyers, ministers,
musicians, optometrists, engineers and such other
similar professions or occupations which may be so
designated by the Boazd of Appeals.
PUBLIC WATER: PUBLIC SEWER - Communal
sewage disposal systems and communal water supply
systems as approved by public agencies having
jurisdiction thereof.
RECREATIONAL FACILITIES- Recreational uses
characterized by predominately outdoor activities by
patrons, including but not limited to stables and riding
academies, regulation golf courses and golf-related
activities, tennis and racquet sport clubs, platform
sports, baseball batting and pitching cages and
swimming pool facilities. It shall not include such
activities as racing, jai-alai and amusements parks.
[Added 4-28.1997 by L.L. No. 6-19971
RECREATION FACILITY, COMMERCIAL - An indoor
or outdoor privately operated business involving playing
fields, courts, arenas or halls designed to accommodate
sports and recreational activities, such as billiards,
bowling, dance halls, gymnasiums, health spas, skating
rinks, shooting ranges, tennis courts and swimming
pools.
RECREATIONAL VEHICLE - A vehicular-type
portable structure, without permanent foundation,
which can be towed, hauled or driven and primarily
designed as temporary living accommodation for
recreational, camping and travel use, and including but
not limited to travel trailer, truck campers, camping
trailers and self-propelled motor homes.
RESEARCH LABORATORY - A building for
experimentation in pure or applied reseazch, design,
development and 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
10029 s-i-sv
§ 100-13 SOUTHOLD CODE § 100-13
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 other than take-out or
formula food restaurants where food is commercially sold
for on-premises consumption to patrons seated at tables
or counters. [Amended 5-16-1994 by L.L. No. 9-1994]
RESTAURANT, FORMULA FOOD - A restaurant
business required by contractual or other arrangements
to offer standardized menus, ingredients, food
preparation, decor, external facade or uniforms. [Added
5-16-1994 by L.L. No. 9-1994]
RESTAURANT, TAKE-OUT -Any establishment other
than a formula food restaurant, whose principal business
is the sale of foods, frozen desserts or beverages to the
customer in aready-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. [Amended 5-16-1994 by L.L. No. 9-1994]
RETAIL STORE - An enclosed structure where goods
aze 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) azeas of earthen material. [Added
7-13-1993 by L.L. No. 14-1993]
RIGHT-OF-WAY LINES -The boundary lines of land
used or intended for use as streets, as shown on deeds,
10030 s-i-sv
§ 100-13 ZONING § 100-13
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 azea exceeding fifty
(50) square feet in azea located on a farm from which
agricultural products aze sold to the general public.
SEPTIC TANK - A watertight receptacle that receives
the discharge of sewage from a building, sewer or part
thereof and is designed and constructed so as to permit
settling of solids, digestion of the organic matter and
dischazge of the liquid portion into a disposal azea.
SETBACK - An azea extending the full width of the lot,
described or a distance between the street right-of--way
and building for the full required front Yazd depth within
which no buildings or parts of buildings may be erected.
SHOPPING CENTER - A group of retail and service
businesses which have an integrated architectural and
site design and which have an anchor tenant consisting
of either a supermazket or a department store if the
anchor tenant encompasses a minimum of twenty-five
thousand (25,000) squaze feet of azea. [Added 5-16-1994
by L.L. No. 9-1994]
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
10030.1 s-i-s~
§ 100-13 SOUTHOLD CODE § 100-13
"signs" which are solely devoted to prohibiting
trespassing, hunting or fishing.
SIGN AREA [Amended 11-29-1994 by L.L. No.
25-1994] - Includes all faces of a sign, measured as
follows:
(1) When such sign is on a plate or framed or outlined,
all of the area of such plate or the azea 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 azea of such sign
shall be deemed the area that encompasses all the
letters and symbols of the sign, together with the
azea of any background of a color or material
different from the general finish of the building,
whether painted or applied.
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, mazshes and
waterways.
(Cont'd on page 10031)
10030.2 s-i-sv
§ 100-25
ZONING § 100-25
(4) [Amended 3-4-1997 by L.L. No. 4-1997] If the lot
is on the maps described in former § 100-12, the
nonconforming lot has been held in single and
sepazate ownership from January 1, 1997, to date.
(5) Each lot is currently developed with aone-family
dwelling with a minimum 850 square feet which
falls within the existing lot lines and which has a
certificate of occupancy or would qualify for one.
[Added 3-4-1997 by L.L. No. 4-1997]
D. [Amended 3-4-1997 by L.L. No. 4-1997] Proof of
merger. The town shall require a person seeking
determination of merger to provide any or all of the
following documents for evaluation:
(1) Proof of the date when the lot was created and the
size of the lot, together with a copy of a legal
description of the pazcel, all to the satisfaction of the
town.
(2) A copy of the current tax map and survey of the lot.
(3) A copy of the original survey of the lot.
(4) A title seazch showing single and separate
ownership of the property from July 1, 1983, to the
present time, prepazed by a Suffolk County title
insurance company indemnifying the Town of
Southold with $25,000 of insurance.
(5) Other additional information or documentation as
maybe deemed necessary.
E. Effect of merger. Nc building permit or other
development entitlement will be issued by the town untIl
this section has been complied with. The Building De-
partment will issue a written determination whether a
property falls within an exemption to the merger
provision.
10038.1 s-i-sa
§ 100-26 SOUTHOLD CODE § 100-30
§ 100-26. Waiver of merger.
A. If a lot has merged, the Zoning Board of Appeals may
waive the merger and recognize original lot lines upon
public hearing and upon finding that:
(1) The waiver wfll not result in a significant increase
in the density of the neighborhood.
(2) The waiver would recognize a lot that is consistent
with the size of lots in that neighborhood.
(3) The waiver will avoid economic hazdship.
(4) The natural details and chazacter of the and
chazacter of the contours and slopes of the lot will
not be significantly changed or altered in any
manner, and there will not be a substantial filling of
land affecting neazby environmental or flood azeas.
ARTICLE III
Agricultural-Conservation (A-C) District
and Low-Density Residential R-80, R-120,
R-200 and R-400 Districts
[Last amended 1-10-1989 by L.L. No. 1-1989]
§ 100-30. Purpose.
The purpose of the Agricultural-Conservation (A-C) District
and the Low-Density Residential R-80, R-120, R-200 and R-400
Districts is to reasonably control and, to the extent possible,
prevent the unnecessary loss of those currently open lands
within the town containing large and contiguous areas of prime
agricultural soils which are the basis for a significant portion of
the town's economy and those areas with sensitive environmen-
tal features, including aquifer rechazge areas and bluffs. In
addition, these areas provide the open rural environment so
highly valued by year-round residents and those persons who
support the Town of Southold's recreation, resort and second-
home economy. The economic, social and aesthetic benefits
10038.2 s - i - sv
§ 100-30 ZONING § 100-31
which can be obtained for all citizens by limiting loss of such
areas are well documented and have inspired a host of govern-
mental programs designed, with varying degrees of success, to
achieve this result. For its part, the town is expending lazge
sums of money to protect existing farm acreage. At the same
time, the town has an obligation to exercise its authority to
reasonably regulate the subdivision and development of this
land to further the same purposes while honoring the legitimate
interests of farmers and other farmland owners.
§ 100-31. Use regulations. [Amended 3-14-1989 by L.L. No.
3-1989]
In A-C, R-8Q R-120, R-200 and R-400 Districts, no building
or premises shall be used and no building or part of a building
shall be erected or altered which is arranged, intended or
designed to be used, in whole or in part, for any uses except the
following:
A. Permitted uses.
(1) One-family detached dwellings, not to exceed one (1)
dwelling on each lot.
(2) [Amended 5-23-1989 by L.L. No. 8-1989] The
following agricultural operations and accessory uses
thereto, including irrigation, provided that there
shall be no storage of manure, fertilizer or other
odor- or dust-producing substance or use, except
spraying and dusting to protect vegetation, within
one hundred fifty (150) feet of any lot line:
(a) The raising of field and garden crops, vineyard
and orchazd farming, the maintenance of
nurseries and the seasonal sale of products
grown on the premises, subject to the following
special requirements:
[1] All buildings for display and retail sales of
agricultural and nursery products grown
on the premises shall not exceed one
10038.3 s - i - sa
§ 100-31 SOUTHOLD CODE § 100-31
thousand (1,000) squaze feet in floor area
or one (1) story in height. Display of
produce at a roadside farm stand shall be
not less than ten (10) feet from all street
and lot lines. Any roadside farm stand in
(Cont'd on page 10039)
10038.4 s - i - s;
§ 100-131 ZONING § 100-131
which is arranged, intended or designed to be used, in whole or
in part, for any purpose except the fallowing:
A. [Amended 5-9-1989 by L.L. No. 6-1989; 11-29-1994 by
L.L. No. 26-1994; 4-28-1997 by L.L. No. 6-1997]
Permitted uses. The following uses are permitted uses
and, except for those uses permitted under Subsection
A(1) hereof, aze subject to site plan approval by the
Planning Boazd:
(1) The agricultural operations and accessory uses,
including irrigation, the raising of field and gazden
crops, vineyazd and orchard farming, the mainte-
nance of nurseries and the seasonal sale of products
grown on the premises, the keeping, breeding,
raising and training of horses, domestic animals and
fowl, barns, storage buildings, greenhouses and
other related structures to the same extent and
subject to the same conditions allowed in the AC
Zone.
(2) Buildings, structures and uses owned or operated by
the Town of Southold, school districts, park districts
and fire districts.
(3) Wholesale businesses, wazehouses and building
material storage and sale, but excluding storage of
coal, coke, fuel oil or junk.
(4) Building, electrical and plumbing contractors'
businesses or yazds.
(5) Cold storage plants, baking and other food
processing and packaging plants that are not
offensive, obnoxious or detrimental to neighboring
uses by reason of dust, smoke, vibration, noise, odor
or effluent.
(6) Office buildings for businesses, governmental and
professional uses, including administrative training,
data processing, publication, financial and sales
offices.
10096.1 s - i - sv
§ 100-131 SOUTHOLD CODE § 100-131
(7) Telephone exchanges.
(8) Wineries as regulated by § 100-lOlA(11).
(9) Tourist camp.
(10) Recreational facilities which meet the following
conditions:
(a) Minimum parcel size shall be three acres.
(b) There shall be three acres for each use.
(11) Standazd regulation golf course.
(12) Food catering facility.
(13) Machine and equipment workshop.
(14) Boat building, boat servicing and boat storage
facilities, excluding retail sales of boats and
accessories.
(15) Light industrial uses, subject to the following
conditions:
(a) No such process or operation shall involve the
handling, storage or dischazge of explosives or
permit upon the premises any virus or other
type of infectious organisms identified with
diseases of animals or humans.
(b) No offensive noises, gases, fumes, smoke, odors,
dust, effluent or vibrations shall emanate from
such use and no waste products shall be
dischazged therefrom of a character to create a
nuisance or to be injurious to health or to
negatively impact groundwater.
(c) Such processes shall involve the use of only oil,
gas or electricity for fuel.
(16) Printing and publishing plants.
B. [Amended 5-23-1989 by L.L. No. 7-1989; 4-28-1997 by
L.L. No. 6-1997] Uses permitted by special exception of
the Board of Appeals. The following uses are permitted
10096.2 6 - 1- 97
§ 100-131 ZONING § 100-131
as a special exception by the Boazd of Appeals as
hereinafter provided, subject to site plan approval by the
Planning Boazd:
(1) Reseazch, design or development laboratories,
provided that any manufacturing shall be limited to
prototype and products for testing.
(2) Laundry or dry-cleaning plants, subject to the
following conditions:
(a) All processes and storage shall be carried on
within an enclosed building.
(b) All fluids used in processing shall be recycled,
and the overall facility shall be designed,
located and operated to protect surface waters
and the groundwater reservoir from pollution.
(3) Conference facilities, subject to the following
conditions:
(a) Where rooms are provided for conference
attendees, said rooms are permitted as set forth
and regulated by § 100-61B(4) of the Resort
Residential (RR) District.
(4) Public utility structures and uses.
(5) Truck or bus terminals (gazages, parking facilities,
loading docks, etc.).
(6) Food processing and packaging plants, not including
fish processing plants.
(7) Repair of boats and marine items.
(S) Basic Utility Stage II airport, subject to the
following conditions:
(a) Minimum parcel size shall be 100 acres.
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,
10096.3 s-i-s~
§ 100-131 SOiTfHOLD CODE § 100-131
which are governed by Article XX, are subject to site
plan review:
(1) Accessory uses on the same lot with and customarily
incidental to any permitted or special exception use
and not involving a separate business.
(2)z Fully enclosed storage facilities incidental to the
principal use.
(3) Open storage as set forth in and regulated by
§ 100-1O1C(2) of the General Business District.
(4) Indoor and outdoor recreation facilities for the
exclusive use of executives and employees of the
principal use and their families.
(5) In-service training schools for employees of the
principal use.
(6) Private garages for the storage and service of motor
vehicles owned by the owner of the principal use or
the executives or employees thereof, or visitors
thereto, including the sale of them, but not to the
public generally of gasoline, oil and minor
accessories.
(7) Central heating and power plants accessory to the
principal use and the service of all stmctures on the
premises.
(8) Maintenance and utility shops incidental to the
principal use.
(9) Off-street parking and loading. Said areas shall not
be nearer than fifty (50) feet to any lot line or street
and, if generally adjacent to any street or any
residence district, shall be suitably screened by a
landscaped strip of at least ten (10) feet in width.
2 Editor's Note: Former Subsection C(2) and (3), which regulated signs, were repealed
11-29-1994 by L.L. No. 253994, which local law also renumbered former Subsectiou C(4)
through (Il) as Subsection C(2) through 19), respectively. For current provisions
regarding sigvs, see Art. X$ Sigvs.
10096.4 s -1- sa
§ 100-132 ZONING § 100-133
§ 100-132. 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 LIO Light Industrial
Pazk/Planned Office Pazk District unless the same conforms to
the Bulk Schedule and Pazking and Loading Schedules
incorporated into this chapter by reference, with the same force
and effect as if such regulations were set forth herein in fu11.3
§100-133. 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.
B. There shall be an exception to Subsection A if the
adjacent pazcels are developed, in which case the
minimum front yard setback shall be the average of the
setbacks of the adjacent parcels.
C. A project shall be divided into separate structures so
that no single structure shall have more than sixty (60)
lineaz feet of frontage on one (1) street. The setbacks of
multiple structures on a pazcel may vary, provided that
the average setback of the structures meets the setback
required above and all buildings are at least seventy-five
(75) feet from the right-of--way.
2 Editor's Note: The Bulk Schedule is ivcluded at the evd of this chapter, and the
Parkivg avd Loading Schedules are iv §§ 100-191 and 100-192.
10096.5 s -1- s~
§ 100-140 SOUTHOLD CODE § 100-141
ARTICLE XIV'
Light Industrial (LI) District
[Added 1-10-1989 by L.L. No. 1-1989]
§ 100-140. Purpose.
The purpose of the Light Industrial (LI) District is to provide
an opportunity for business and industrial uses on smaller lots
than would be appropriate for the LIO Light Industrial
Park/Planned Office Park District.
§ 100-141. Use regulations.
In the LI 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. [Amended 5-9-1989 by L.L. No. 6-1989; 11-29.1994 by
L.L. No. 26-1994; 4-28-1997 by L.L. No. 6-1997]
Permitted uses. The following uses are permitted uses
and, except for those uses permitted under Subsection
A(1) and Subsection A(2) hereof, are subject to site plan
approval by the Planning Boazd:
(1) The agricultural operations and accessory uses,
including irrigation, the raising of field and garden
crops, vineyard and orchard farming, the mainte-
nance of nurseries and the seasonal sale of products
grown on the premises, the keeping, breeding,
raising and training of horses, domestic animals and
fowl, barns, storage buildings, greenhouses and
other related structures to the same extent and
subject to the same conditions allowed in the AC
Zone.
4 Editor's Note: Former Art. XIV, Administration and Enforcement, was renumbered
as Art. XXVIn 1-10-1969 by LZ. No. 1-1989.
10096.6 s - i - s~
§ 100-141 ZONING § 100-141
(2) Buildings, structures and uses owned or operated by
the Town of Southold, school districts, pazk districts
and fire districts.
(3) Wholesale businesses, wazehouses and building
material storage and sale, but excluding storage of
coal, coke, fuel oil or junk.
(4) Building, electrical and plumbing contractor's
businesses or yards.
(5) Cold storage plants, baking and other food
processing and packaging plants that are not
offensive, obnoxious or detrimental to neighboring
uses by reason of dust, smoke, vibration, noise, odor
or effluent.
(6) Office buildings for businesses, governmental and
professional uses, including administrative training,
data processing, publication, financial and sales
offices.
(7) Telephone exchanges.
(8) Wineries as regulated by § 100-lOlA(11).
(9) Auto repair shop.
(10) Repair shop (not including auto and marine).
(11) Custom workshop.
(12) Machine and equipment workshop.
(13) Light industrial uses.
(14) Publishing and printing plants.
(15) Boat building, servicing and storage, excluding
wholesale and retail sales of boats and accessories.
B. (Amended 4-28-1997 by L.L. No. 6-1997] Uses
permitted by special exception of the Boazd of Appeals.
The following uses aze permitted as a special exception
by the Board of Appeals as hereinafter provided and
subject to site plan approval by the Planning Board:
10096.7 s - i - ev
§ 100-141 SOiTTHOLD CODE § 100-141
(1) Research, design or development laboratories,
provided that any manufacturing shall be limited to
prototypes and products for testing.
(2) Laundry or dry-cleaning plants, subject to the
following conditions:
(a) All processes and storage shall be carried on
within an enclosed building.
(b) All fluids used in processing shall be recycled,
and the overall facility shall be designed,
located and operated to protect surface waters
and the groundwater from pollution.
(3) Light industrial uses, subject to the following
conditions:
(a) No such process or operation shall involve the
handling, storage or dischazge of explosives or
permit upon the premises any virus or other
type of infectious organisms identified with
diseases of animals or humans.
(b) No offensive noises, gases, fumes, smoke, odors,
dust, effluent or vibrations shall emanate from
such use and no waste products shall be
dischazged therefrom of a character to create a
nuisance or to be injurious to health or to
negatively impact groundwater.
(c) Such processes shall involve the use of only oil,
gas or electricity for fuel.
(4) Conference facilities, subject to the following
conditions:
(a) Where rooms aze provided for conference
attendees, said rooms are permitted as set forth
and regulated by § 100-61B(4) of the Resort
Residential (RR) District.
(5) Public utility structures and uses.
10096.8 s-i-s7
i
§ 100-141 ZONING § 100-142
(6) Truck or bus terminals (gazages, pazking Facilities,
loading docks, etc.)
(7) Food processing and packaging plants, not including
fish processing plants.
(8) Repair of boats and marine items.
C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory
uses. The following uses aze permitted as accessory uses
and, except for residential accessory uses and signs,
which are governed by Article XX, aze subject to site
plan review:
(1) Accessory uses on the same lot with and customarily
incidental to any permitted or special exception use
and not involving a sepazate business.
(2)s Accessory uses as set forth in and as regulated by
§ 100-131C(5) through (8) of the Light Industrial
Pazk/Plammed Office Pazk District.
§ 100-142. Bulk, area and parking regulations.
No building or premises shall be used and no building or part
thereof shall be erected or altered in the LI Light Industrial
District unless the same conforms to the Bulk Schedule and
Parking and Loading Schedules incorporated into this chapter
by reference, with the same force and effect as if such
regulations were set forth herein in fulls
5 Editor's Note: Former Subsection C(2) and (3), which regulated signs, were repealed
11-29-1994 by L.L. No. 253994, which local law also renumbered former Subsection C(4)
as C(21. For current sign previsions, see Art. %x, Signs.
g EditoYs Note: The Bulk Schedule is included at the end of this chapteq and the
Parking and Loading Schedules are in §§ 100-191 and 100-192.
10096.9 s - i - 9z
§ 100-143 SOUTHOLD CODE § 100-150
§ 100-143. 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.
B. There shall be an exception to Subsection A if the
adjacent pazcels aze developed, in which case the
minimum front yazd setback shall be the average of the
setbacks of the adjacent pazcels.
C. A project shall be divided into sepazate structures so
that no single structure shall have more than sixty (60)
lineaz feet of frontage on one (1) street. The setbacks of
multiple structures on a pazcel 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 XV7
Density, Minimum Lot Size and Bulk Schedules
[Added 1-10-1989 by L.L. No. 1-1989]
§ 100-150. Repeal of e~sting schedule; incorporation of
new schedules.
The existing Bulk and Parking Schedule incorporated into
this chapter by reference is hereby repealed, and the Density,
Minimum Lot Size and Bulk Schedules hereinafter set forth aze
substituted in place thereof.s
7 Editor's Note: Former Art. XV, Amendments, was renumbered as Art. XXIx 1-10.1989
by L.L No. 1-1989.
9 Editors Note: The Density, Minimum Lot Size and Bulk Schedules are included at
the end of this chapter.
10096.10 6 - i - 97
§ 100-151 ZONING § 100-150
§ 100-151. Conformance required.
Except as otherwise provided in this chapter, no building or
premises shall be used or occupied and no building or structure
or part thereof shall be erected or altered in a use district
unless the same conforms to the Density and Minimum Lot Size
Schedules and the Bulk Schedules hereinafter set forth.'
ARTICLE XVI
(Reserved)
ARTICLE XVII
(Reserved)
ARTICLE XVIII
Cluster Development
[Added 1-10-1989 by L.L. No. 1-1989]
§ 100-180. Purpose.
The purpose of this Article is to encourage flexibility and
innovation in the design of residential development that cannot
be achieved on many sites through adherence to traditional
zoning and subdivision regulations. Further, the application of
the cluster development technique is intended to achieve:
A. Maximum reasonable conservation of land and
protection of groundwater supply and groundwater
rechazge areas.
B. Preservation of agricultural activity by encouraging
retention of lazge continuous azeas of agricultural use.
(Cont'd on page 10097)
9 Editor's Note: The Density, Minimum Lot Size and Bulk Schedules are included at
the end of this chapter.
10096.11 s -1- s7
§ 100-241 ZONING § 100-242
G. Whenever a nonconforming use of a building or premises
has been discontinued for a period of more than two (2)
years or has been changed to a higher classification or to
a conforming use, anything in this Article to the contrary
notwithstanding, the nonconforming use of such building
or premises shall no longer be permitted unless a
variance therefor shall have been granted by the Board
of Appeals.
§ 100.242. Nonconforming buildings with conforming
uses.
A. Nothing in this Article shall be deemed to prevent the
remodeling, reconstruction or enlargement of a
nonconforming building containing a conforming use,
provided that such action does not create any new
nonconformance or increase the degree of
nonconformance with regard to the regulations
pertaining to such buildings.
7 B. Reconstruction of a damaged building.
(1) A nonconforming building containing a conforming
use which has been damaged by fire or other causes
to the extent of more than fifty percent (50%) of its
fair value shall not be repaired or rebuilt unless
such building is made substantially to conform to
the height and yard requirements of the Bulk
Schedule.10
(2) Application for a permit to build or restore the
damaged portion of any building damaged or
destroyed as set forth in Subsection B(1) above shall
be filed within one (1) year of the date of such
damage and shall be accompanied by plans for
reconstruction which, as to such portion, shall
comply with the requirements set forth above. If
such permit is issued, it shall lapse one (1) year
10 Editods Note: The Bulk Schedule is included at the end of this chapter.
10143 s_1_s7
§ 100-242 SOUTHOLD CODE § 100-244
thereafter unless reconstruction in accordance with
the approved plans has been initiated.
§ 100-243. Nonconforming buildings with nonconforming
uses.
A. A nonconforming building containing a nonconforming
use shall not be enlarged, reconstructed or structurally
altered or moved unless the use of such building is
changed to a conforming use.
B. A nonconforming building containing a nonconforming
use which has been damaged by fire or other causes to
the extent of more than fifty percent (50%) of its fair
value shall not be repaired or rebuilt unless the use of
such building is changed to a conforming use.
§ 100-244. Nonconforming lots. [Amended 11-28-1995 by
L.L. No. 23-1995]
A. This section is intended to provide minimum standards
for granting of a building permit for the principal
buildings of lots which are recognized by the town under
§ 100-24, are nonconforming and have not merged
pursuant to § 100-25.
B. [Amended 3.4-1997 by L.L. No. 5-1997] Such lot shall
be required to meet the following:
Area Yard
(square Lot Front Side Both Sides Rsaz
feet) coverage (feet) (feet) (feet) (feet)
200,000 to 5% 60 30 60 100
399,999
120,000 to 10% 60 30 60 85
199,999
80,000 to 20% 60 20 45 75
119,999
10144 s-~-e7
§ 100-244 ZONING
Area
(squaze Lot Front Side
feet) coverage (feet) (feet)
60,000 to 20% 55 20
79,999
40,000 to 20% 50 20
59,999
20,000 to 20%a 40 15
39,999
Less than 20% 35 10
20,000
§ 100-245. Repairs and maintenance.
§ 100-250
Yard
Both Sides Reaz
(feet) (feet)
45 75
40 60
35 50
25 35
Notwithstanding any of the foregoing regulations, nothing in
this Article shall be deemed to prevent normal maintenance
and repair of any 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.
§ 100-246. Involuntary moves.
Sections 100-241A and B and § 100-243A herein are not
intended to apply to involuntary movements of uses or
structures as a result of condemnation actions or other
litigation.
ARTICLE XXV
Site Plan Approval
[Added 1-10-1959 by L.L. No. 1.1989; amended
5-23-1989 by L.L. No. 9-1989]
§ 100-250. Applicability.
This Article shall apply to every land use that is permitted in
the Town of Southold except the single-family home use on a
single and separate lot as set forth in Article III, § 100-31A(1),
10145 s-t-sv
§ 100-250 SOUTHOLD CODE § 100-251
and customary nonagricultural accessory uses to asingle-family
residential home use as stated in the Town Code. Any change in
use or intensity of use which will affect the characteristics of
the site in terms of pazking, loading, access, drainage, open
space or utilities will require site plan approval. In all cases
where this chapter requires approval of site development plans
by the Planning Boazd, no building permit shall be issued by
the Building Inspector except upon authorization of and in
conformity with the site plan approval by the Planning Board
and all other public agencies involved.
§ 100-251. Findings of fact; purpose.
A. The Town Board wishes to protect the unique rural and
open space character of the town and hereby finds that
development within the town, exclusive of the
Incorporated Village of Greenport, should proceed along
the lines of good order and with due regazd to the public
interest, including but not limited to the following:
exterior design of new or renovated structures and
portions thereof; the construction and location of pazking
areas, whether or not accompanied by new building
construction; changes in the use of existing structures;
the use of open land; and that the proposed site use
would impact beneficially on the well-being of the
population in general, increase the town's tax base and
facilitate the local economy.
B. It is the purpose of this Article to encourage good design
and to:
(1) Protect the established character and value of the
adjoining properties, both public and private, and of
the neighborhood in which they are located.
(2) Lessen and, where possible, prevent traffic
congestion on the streets and highways upon which
the site fronts or which provide vehicular or
pedestrian access thereto.
(3) Prevent overcrowding of land or buildings.
10146 s-i-s~
§ 100-251 ZONING § 100-251
(4) Secure safety from fire, flood and other dangers and
provide adequate light, air and convenience of
access.
(Cont'd on page 10147)
10146.1 s-i-sa