Loading...
HomeMy WebLinkAbout1996 Code Supplement - 07/16/1996CODE AMENDMENTS/SUPPLEMENTS, dated 7/16/96 Re: Local Law No.`s 10 6:13 of 1996 ZONING CHAPTER -Chapter 100 ZONING ARTICLE VI Resort Residential (RR) District § 100-60. Purpose. § 100-61. Use regulations. § 100-62. Bulk, area and parking regulations. ARTICLE VII Residential Office (RO) District § 100-70. Purpose. § 100-71. Use regulations. § 100-72. Bulk, area and parking regulations. ARTICLE VIII Limited Business (LB) District § 100-50. Purpose. § 100-81. Use regulations. $ 100-82. Bulk, area and parking regulations. § 100-83. Front yard setbacks. ARTICLE 1X Hamlet Business (lIB) District § 100.80. Purpose. § 100-81. Use regulations. § 100-82. Bulk, area and parking regulations. § 100.93. (Reserved) 10003 v - as - ec SOUTHOLD CODE ARTICLE X General Business (B) District § 100-100. Purpose. $ 100-101. Use regulations. § 100-102. Bulk, area and parking requirements. § 100-103. Front yard setbacks. ARTICLE XI Marine I (MI) District § 100-110. Purpose. § 100-111. Use regulations. § 100-112. Bulls, area and parking regulations. ARTICLE XII Marine II (MII) District § 100.120. Purpose. § 100.121. Use regulations. § 100-122. Bulk, area and parking regulations. ARTICLE XIII Light Industrial Park/Planned Office Park (LIO) District § 100.130. Purpose. § 100-131. Use regulations. § 100-132. Bulk, area and parking regulations. § 100-133. Front yard setbacks. 10004 v -~s -ss ZONING ARTICLE XXII (lieserved) ARTICLE }CIOII Supplementary Regulations § 100-230. Exceptions and modifications. § 100-231. Height of fences, walls and berms. § 100-232. Corner lots. § 100.233. Building length and separation for buildings containing multiple dwellings. § 100-234. Courts. § 100-235. Access requirements. § 100-236. Open storage. § 100-237. Prohibited uses in all districts. § 100-238. Provisions for community water, sewer and utility facilities. § 100-239. Land under water; filled land. $ 100-239.1. Excavations. $ 100-239.2. Tourist camps, camp cottages and trailers. $ 100-239.3. (Reserved) § 100.239.4. Building setback requirements adjacent to water bodies and wetlands. § 100-239.b. Lighting restrictions. § 100-239.6. Temporary outdoor display or storage. $ 100-239.7. Long-term outdoor display or storage. 10007 v-as-es SOUTHOLD CODE ARTICLE XXIV Nonconforming Uses and Buildings § 100.240. Purpose. $ 100-241. Nonconforming uses § 100-242. Nonconforming buildings with conforming uses. $ 100.243. Nonconforming buildings with nonconforming uses. $ 100-244. Nonconforming lots. $ 100-246. Repairs and maintenance. § 100-246. Involuntary moves. ARTICLE XXV Site Plan Approval § 100-250. Applicability. § 100-251. Findings of fact; purpose. § 100-252. Objectives. § 100-253. Approval of site plan required. § 100-264. Review procedure. § 100-26b. Duration of plan. § 100-256. Application requirements; fees. $ 100-267. Architectural review standards. § 100-258. Architectural Review Committee. § 100-259. Land clearing. 10005 v -rzs -ss ZONING ARTICLE XXVI Special Exception Uses § 100.260. Purpose. $ 100.261. Special exception uses; approval required. $ 100.262. Application; hearing; approval; violations of conditions. § 100-263. General standards. § 100-264. Matters to be considered. § 100-265. Additional conditions and safeguards. ARTICLE XXVII Board of Appeals § 100-270. Appointment; membership. § 100-271. Powers and duties. § 100-272. Additional conditions and safeguards. § 100-273. Rules of conduct and procedure. § 100-274. Fees. § 100-275. Notice of hearing. (Cont'd on page 10009) 10008.1 v - ac -ea § 100-93 ZONING § 100-101 § 100-93. (Reserved) ARTICLE X General Business (B) District [Added 1-10-1989 by L.L. No. 1-19591] § 100-100. Purpose. The purpose of the General Business (B) District is to provide far retail and wholesale commercial development and limited office and industrial development outside of the hamlet central business areas, generally along major highways. It is designed to accommodate uses that benefit from large numbers of motorists, that need fairly large parcels of land and that may involve characteristics such as heavy trucking and noise. § 100-101. Use regulations. In the B District, no building or premises shall be used and no building or part thereof shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, far any uses except the following. A. [Amended 5-9-1989 by L.L. No. 6-1989] Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) hereof, are subject to site plan approval by the Planning Board: (1) Any permitted use set forth in and regulated by § 100-31A(2) and (3) of the Agricultural- Conservation District. (2) Any permitted use set forth in and regulated by § 100-91A(3) to (19) of the Hamlet Business District. [Amended 2-7-1995 by L.L. No. 3-1995] 1 Rditor'e Note Editor's Nate: This local law also repealed [ormer Art $ 7burist Camp& Camp Cottegee end Trailers. 10083 v - as - ss § 100-101 SOUTHOLD CODE § 100-101 (8) Wholesale businesses, warehouses and building material storage and sale, but excluding storage of coal, coke, fuel oil or junk. (4) Building, electrical and plumbing contractors' 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) Wholesale or retail sale and accessory storage and display of garden materials, supplies and plants, including nursery operations, provided that the outdoor storage or display of plants and materials does not obstruct pedestrian flow or vehicular traffic and does not occur within three (8) feet of the property line. (7) Wholesale/retail beverage distribution. (8) Funeral homes. (9) Train or bus stations. (10) Telephone exchanges. (11) [Added 11-29-1994 by L.L. No. 26-1884] Wineries which meet the following standards: (a) It shall be a farm winery licensed under New York State law from which wine made from primarily Long Island grapes is produced and sold. (b) It shall obtain site plan approval. (Cont'd on page 10084.1) 10084 ~ _ rzs _ ~ § 100-235 ZONING § 100-237 B. Residential rear or flag lots and accessways. Any rear lot or flag lot occupied or to be occupied by aone-family dwelling shall have access thereto by means of an accessway, having a width of not less than fifteen (15) feet, serving only such lot. The area of the accessway shall not be included in determining the area of any lot. The front yard of any lot having access to a street by means of an accessway shall be the required front yard specified for the district in which the lot is located and shall be measured from the rear lot line to the front lot. C. All lots improved with a building or structure must ensure that access is at least fifteen (15) feet in width and at least fifteen (15) feet in height, subject to approval by the Building Inspector for residential structures. [Added 3-2&1991 by L.L. No. 8-1991; amended 6-11-1996 by L.L. No. 10-1996] § 100-236. Open storage. [Amended 3-26-1991 by L.L. No. 7-1991; 12-22-1992 by L.L. No. 35-1892] No unenclosed storage, except parking of operable passenger vehicles capable of passing inspection or recreation vehicles or boats and commercial vehicles as set Forth in § 100-191, shall be permitted in a residential district. § 100-237. Prohibited uses in all districts. [Amended 11-24-1992 by L.L. No. 26-1992] A. Any use which is noxious, offensive or objectionable by reason of the emission of smoke, dust, gas, odor or other form of air pollution or by reason of the deposit, discharge or dispersal of liquid or solid wastes in any form in such manner or amount as to cause permanent damage to the soil and streams or to adversely affect the surrounding area or by reason of the creation of noise, vibration, electromagnetic or other disturbance or by reason of illumination by artificial light or light reflection beyond the limits of the lot on or from which 10135 +-as-es § 100-237 SOUTHOLD CODE § 100-237 such light or light reflection emanates; or which involves any dangerous fire, explosive, radioactive or other hazard; or which causes injury, annoyance or disturbance to any of the surrounding properties or to their owners and occupants; and any other process or use which is unwholesome and noisome and may be dangerous or prejudicial to health, safety or general welfaze, except where such activity is licensed or regulated by other governmental agencies. B. Artificial lighting facilities of any kind which create glare beyond lot lines. C. Uses involving primary production of the following products from raw materials: charcoal and fuel briquettes; chemicals; aniline dyes; carbide; caustic soda; cellulose;ehlorine;carbon black and bone black; creosote; hydrogen and oxygen; industrial alcohol; nitrates of an explosive nature; potash; plastic materials and synthetic resins; proxylin; rayon yarn; hydrochloric, nitric, phosphoric, picric and sulfuric acids; coal, coke and taz products, including gas manufacturing; explosives; gelatin, glue and size (animal); linoleum and oil cloth; matches; paint, varnishes and turpentine; rubber (natural or synthetic); soaps, including fat rendering; starch. D. The following processes: (1) Nitrating of cotton or of other materials. (2) Milling or processing of flour. (3) Magnesium foundry. (4) Reduction, refining, smelting and alloying metal or metal ores. (5) Refining secondary aluminum. (6) Refining petroleum products, such as gasolines, kerosene, naphtha and lubricating oil. (7) Distillation of wood or bones. 10136 ~-as-se § 100-237 ZONING § 100-237 (S) Reduction and processing of wood pulp and fiber, including paper mill operations. ~ (Cont'd on page 10137) 10136.1 v-ae-ss § 100-239.5 ZONING § 100-239.6 A. All outdoor lighting shall be shielded so that the light source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries. B. It is a general principle of the town that parking lot lights should be turned aff or reduced in intensity between 11:30 p.m. and 4:00 a.m. C. All freestanding outdoor lighting fixtures shall be limited to a height of no mare than fourteen (14) Feet above ground level. The fixture shall focus and direct the light as specified in Subsection A above. D. Recreational lighting may exceed the above height limit but is subject to the following standards: (1) All intensive recreational lighting shall be so located on the property with reference to surrounding properties that it shall be reasonably screened from view and compatible with the existing or potential use of neighboring properties. (2) No outdoor recreational facility, public or private, shall be illuminated after 11:00 p.m. except to conclude a recreational or sporting event or any other similar activity conducted at or in the facility which was in progress under such illumination prior to 11:00 p.m. § 100.239.6. Temporary outdoor display or storage. [Added 6-11-1996 by L.L. No. 13-1986] All uses permitted in the business zones, including the display and sale of merchandise and storage of all property, except living plants, shrubs and trees, shall be confined to fully enclosed buildings on the premises, except that the display and sale of merchandise incidental to the business on site may be permitted outside the building temporarily each day during the hours of business. In all cases, the storage or display of goods 10141 v-ae-es § 100-239.6 SOLPI'HOLD CODE § 100-239.7 shall not interfere with public access or egress and may not restrict the public right-of--way or be placed in the minimum- required landscape buffer areas. § 100-239.7. Long-term outdoor display or storage. [Added B-11-1896 by L.L. No. 13-1996] All uses which seek to display or store merchandise or property on any basis other than temporary, as described above, must obtain site plan approval for this activity. This section primarily is intended to apply to that merchandise or property which is too large to be kept inside, such as automobiles, boats, artifacts of museums or historical societies and building materials. (Cont'd on page 10142.1) 10142 ~_y~_~ ZONING ARTICLE VI Resort Residential (RR) District § 100-60. Purpose. § 100-61. Use regulations. § 100-62. Bulk, area and parking regulations. ARTICLE VII Residential Office (RO) District § 100-70. Purpose. § 100-71. Use regulations. § 100-72. Bulk, area and parking regulations. ARTICLE VIII Limited Business (LB) District § loo-80. Purpose. § 100.81. Use regulations. § 100-52. Bulk, area and parking regulations. § 100-53. wont yard setbacks. ARTICLE IX Hamlet Business (HB) District § 100-90. Purpose. $ 100-81. Use regulations. § 100-82. Bulk, area and parking regulations. § 100-83. (Reserved) 10003 v - as - es SOUTHOLD CODE ARTICLE X General Business (B) District § 100.100. Purpose. § 100-101. Use regulations. § 100-102. Bulk, area and parking requirements. § 100-103. Front yard setbacks. ARTICLE XI Marine I (MI) District § 100-110. Purpose. § 100-111. Use regulations. § 100-112. Bulk, area and parking regulations. ARTICLE XII Marine II (MII) District § 100-120. Purpose. § 100-121. Use regulations. § 100-122. Bulk, area and parking regulations. ARTICLE XIII Light Industrial Park/Planned Office Park (LIO) District § 100-130. Purpose. § 100-131. Use regulations. $ 100-132. Bulk, area and parking regulations. § 100.133. Front yard setbacks. 10004 ~_2s_% ZONING ARTICLE XXII (Reserved) ARTICLE X~II Supplementary Regulations § 100.230. Exceptions and modifications. § 100-231. Height of fences, walls and berms. § 100-232. Corner lots. § 100-233. Building length and separation for buildings containing multiple dwellings. § 100-234. Courts. $ 100-235. Access requirements. § 100-236. Open storage. § 100.237. Prohibited uses in all districts. § 100-238. Provisions for community water, sewer and utility facilities. § 100-239. Land under water; filled land. § 100-239.1. Excavations. § 100-2392. Tourist camps, camp cottages and trailers. $ 100.239.3. (Reserved) § 100-239.4. Building setback requirements adjacent to water bodies and wetlands. § 100-239.5. Lighting restrictions. § 100-239.6. Temporary outdoor display or storage. § 100-239.7. Long-term outdoor display or storage. 10007 z -as - ss SOUTHOLD CODE ARTICLE XXIV Nonconforming Uaes and Buildings $ 100-240. Purpose. § 100-241. Nonconforming uses § 100-242. Nonconforming buildings with conforming uses. $ 100-243. Nonconforming buildings with nonconforming uses. § 100-244. Nonconforming lots. $ 100.245. Repairs and maintenance. § 100.246. Involuntary moves. ARTICLE XXV Site Plan Approval § 100-260. Applicability. $ 100-261. Findings of fact; purpose. § 100-262. Objectives. § 100-263. Approval of site plan required. § 100-264. Review procedure. $ 100-266. Duration of plan. § 100-266. Application requirements; fees. § 100-267. Architectural review standards. $ 100-268. Architectural Review Committee. § 100-268. Land clearing. 10008 ~ - as - ae ZONING { ARTICLE XXVI Special Exception Uses § 100-260. Purpose. § 100-261. Special exception uses; approval required. § 100-262. Application; hearing; approval; violations of conditions. § 100-263. General standards. § 100-264. Matters to be considered. § 100.265. Additional conditions and safeguards. ARTICLE XXVII Board of Appeals $ 100-270. Appointment; membership. § 100-271. Powers and duties. § 100-272. Additional conditions and safeguards. $ 100-273. Rules of conduct and procedure. § 100-274. Fees. § 100-275. Notice of hearing. (Cont'd on page 10009) 10008.1 z - z5 -s5 § 100-93 ZONING § 100-101 { $ 100-83. (Reserved) ARTICLE X General Business (B) District [Added 1-10-1989 by L.L. No. 1-18891] § 100-100. Purpose. The purpose of the General Business (B) District is to provide for retail and wholesale commercial development and limited office and industrial development outside of the hamlet central business areas, generally along major highways. It is designed to accommodate uses that benefit from large numbers of motorists, that need fairly large parcels of land and that may involve characteristics such as heavy trucking and noise. § 100-101. Use regulations. In the B District, no building or premises shall be used and no building or part thereof 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. [Amended 5-9-1989 by L.L. No. &1988] Permitted uses. The fallowing uses are permitted uses and, except for those uses permitted under Subsection A(1) hereof, are subject to site plan approval by the Planning Board: (1) Any permitted use set forth in and regulated by § 100-31A(2) and (3) of the Agricultural- Conservation District. (2) Any permitted use set forth in and regulated by § 100-91A(3) to (19) of the Hamlet Business District. [Amended 2-7-1995 by L.L. No. 3-189b] 1 Fditor'a Note: Editor'a Notx Thle local law also repealed former Art %. 7burlet Campo, Camp Cottages end Trailers. 10083 v - as -ag § 100-101 SOUTHOLD CODE § 100-101 (3) Wholesale businesses, warehouses and building material storage and sale, but excluding storage of coal, coke, fuel oil or junk. (4) Building, electrical and plumbing contractors' 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) Wholesale or retail sale and accessory storage and display of garden materials, supplies and plants, including nursery operations, provided that the outdoor storage or display of plants and materials does not obstruct pedestrian flow or vehicular traffic and does not occur within three (3) feet of the property line. (7) Wholesale/retail beverage distribution. (8) Funeral homes. (9) Train or bus stations. (10) Telephone exchanges. (11) [Added 11-29-1994 by L.L. No. 26-1894] Wineries which meet the following standards: (a) It shall be a farm winery licensed under New York State law from which wine made from primarily Long Island grapes is produced and sold. (b) It shall obtain site plan approval. (Cont'd on page 10084.1) 10084 v-as-as § 100-235 ZONING § 100-237 B. Residential rear or flag lots and accessways. Any rear lot or flag lot occupied or to be occupied by aone-Family dwelling shall have access thereto by means of an accessway, having a width of not less than fifteen (15) feet, serving only such lot. The area of the accessway shall not be included in determining the area of any lot. The front yard of any lot having access to a street by means of an accessway shall be the required front yard specified for the district in which the lot is located and shall be measured from the rear lot line to the front lot. C. All lots improved with a building or structure must ensure that access is at least fifteen (15) feet in width and at least fifteen (15) feet in height, subject to approval by the Building Inspector for residential structures. [Added 3-2&1991 by L.L. No. 8-1991; amended 6-11-1996 by L.L. No. 10.1996] § 100-236. Open storage. [Amended 3-26-1981 by L.L. No. 7-1991; 12-22-1992 by L.L. No. 35.1992] No unenclosed storage, except parking of operable passenger vehicles capable of passing inspection or recreation vehicles or boats and commercial vehicles as set forth in § 100-191, shall be permitted in a residential district. § 100-237. Prohibited uses in all districts. [Amended 11-24-1992 by L.L. No. 26-1992] A. Any use which is noxious, offensive or objectionable by reason of the emission of smoke, dust, gas, odor or other form of air pollution or by reason of the deposit, discharge or dispersal of liquid or solid wastes in any form in such manner or amount as to cause permanent damage to the soil and streams or to adversely affect the surrounding area or by reason of the creation of noise, vibration, electromagnetic or other disturbance or by reason of illumination by artificial light or light reflection beyond the limits of the lot on or from which 10135 v-zs-as § 100-237 SOUTHOLD CODE § 100-237 such light or light reflection emanates; or which involves any dangerous fire, explosive, radioactive or other hazard; or which causes injury, annoyance or disturbance to any of the surrounding properties or to their owners and occupants; and any other process or use which is unwholesome and noisome and may be dangerous or prejudicial to health, safety or general welfare, except where such activity is licensed or regulated by other governmental agencies. B. Artificial lighting facilities of any kind which create glare beyond lot lines. C. Uses involving primary production of the following products from raw materials: charcoal and fuel briquettes; chemicals; aniline dyes; carbide; caustic soda; cellulose; chlorine; carbon black and bone black; creosote; hydrogen and oxygen; industrial alcohol; nitrates of an explosive nature; potash; plastic materials and synthetic resins; proxylin; rayon yarn; hydrochloric, nitric, phosphoric, picric and sulfuric acids; coal, coke and tar products, including gas manufacturing, explosives; gelatin, glue and size (animal); linoleum and oil cloth; matches; paint, varnishes and turpentine; rubber (natural or synthetic); soaps, including fat rendering, starch. D. The following processes: (1) Nitrating of cotton or of other materials. (2) Milling or processing of flour. (3) Magnesium foundry. (4) Reduction, refining, smelting and alloying metal or metal ores. (5) Refining secondary aluminum. (6) Refining petroleum products, such as gasolines, kerosene, naphtha and lubricating oil. (7) Distillation of wood or banes. 10136 ~-as-es § 100-237 ZONING § 100-237 (8) Reduction and processing of wood pulp and fiber, including paper mill operations. ~ (Cont'd on page 10137) 10136.1 ~-2s-es § 100-239.5 ZONING § 100-239.6 A. All outdoor lighting shall be shielded so that the light source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries. B. It is a general principle of the town that parking lot lights should be turned off or reduced in intensity between 11:30 p.m. and 4:00 a.m. C. All freestanding outdoor lighting fixtures shall be limited to a height of no more than fourteen (14) feet above ground level. The fixture shall focus and direct the light as specified in Subsection A above. D. Recreational lighting may exceed the above height limit but is subject to the following standards: (1) All intensive recreational lighting shall be so located on the property with reference to surrounding properties that it shall be reasonably screened from view and compatible with the existing or potential use of neighboring properties. (2) No outdoor recreational facility, public or private, shall be illuminated after 11:00 p.m. except to conclude a recreational or sporting event or any other similar activity conducted at or in the facility which was in progress under such illumination prior to 11:00 p.m. $ 100-239.6. Temporary outdoor display or storage. [Added 6-11-1996 by L.L. No. 13-1896] All uses permitted in the business zones, including the display and sale of merchandise and storage of all property, except living plants, shrubs and trees, shall be confined to fully enclosed buildings on the premises, except that the display and sale of merchandise incidental to the business on site may be permitted outside the building temporarily each day during the hours of business. In all cases, the storage or display of goods 10141 v-ss-se § 100-239.6 SOUTHOLD CODE § 100-239.7 shall not interfere with public access or egress and may not } restrict the public right-of--way or be placed in the minimum- required landscape buffer areas. § 100.239.7. Long-term outdoor display or storage. [Added 6-11-1886 by L.L. No. 13-1996] All uses which seek to display or store merchandise or property on any basis other than temporary, as described above, must obtain site plan approval for this activity. This section primarily is intended to apply to that merchandise or property which is too large to be kept inside, such as automobiles, boats, artifacts of museums or historical societies and building materials. (Cont'd on page 10142.1) 10142 ~-an-ss