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HomeMy WebLinkAbout1994 Code Supplement - 06/10/1994 CODE SUPPLEMENT NO. 90, dated 6/70/94 Re: Local. Law NO. 9 of 1994 ZONING -Chapter 100 § 100-13 ZONING § 100-13 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 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 5-16-1894 by L.L. No. 9-1994] 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 10029 s - io - sa § 100-13 SOUTHOLD CODE § 100-13 between two (2) areas 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, 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 or 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. 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 supermarket or a department store if the anchor tenant encompasses a minimum of twenty-five thousand (25,000) square feet of area. [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 10030 s - io - sa § 100-13 ZONING § 100-13 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: (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 inscribed. 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 - io - sa § 100-81 ZONING § 100-91 [3] Exceed three (3) feet in height. [4] Project more than one (1) foot from such wall. § 100-82. Bulk, area and parking regulations. Except as otherwise provided herein, no buildings or premises shall be used and no building or part thereof shall be erected or altered in the LB 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.l ARTICLE IX Hamlet Business (HB) District [Added 1-10-1989 by L.L. No. 1-19892] § 100-90. Purpose. The purpose of the Hamlet Business (HB) District is to provide for business development in the hamlet central business areas, including retail, office and service uses, public and semipublic uses, as well as hotel and motel and multifamily residential development that will support and enhance the retail development and provide a focus for the hamlet area. § 100-91. Use regulations. In the HB 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, far any uses except the following: 1 5dltor'e Notc The Bulk Schedule is included et the end o[ this chapter, and the Parking and Loading schedWee ere in ¢¢ I00-181 end 100-182. 2 Edible Note: This local law also repealed former Art. LLC,. Gl General Industrial District. as amended. 10075 s - io - sa § 100-91 SOUTHOLD CODE § 100-91 A. [Amended 5-9-1989 by L.L. No. 6-1989] Permitted uses. The following are permitted uses and, except for those uses permitted under Subsection A(1) and (2) hereof, are subject to site plan approval by the Planning Board: (1) Any permitted use set forth in and regulated by § 100-31A(1) and (3) of the Agricultural- Conservation District. (2) Any permitted uses as set forth in and as regulated by § 100-42A(2) of the Hamlet Residential District. (3) Boardinghouses and tourist homes. (4) Business, professional and governmental offices. (5) Banks and financial institutions. (6) Retail stores. (7) Restaurants, excluding formula food and take-out restaurants. [Amended 5-16-1994 by L.L. No. 9-1994] (8) Bakeshops (for on-premises retail eale). (9) Personal service stores and shops, including barbershops, beauty parlors, professional studios and travel agencies. (10) Art, antique and auction galleries. (11) Artists' and craftsmen's workshops. (12) Auditoriums or meeting halls. (13) Repair shops for household, business or personal appliances, including cabinet shops, carpenter shops, electrical shops, plumbing shops, furniture repair shops and bicycle and motorcycle shops. (14) Custom workshops. (15) Bus or train stations. (16) Theaters or cinemas (other than outdoor). 10076 s - io - sa § 100-91 ZONING § 100-91 (17) Libraries or museums. (18) Laundromats. (Cont'd on page 10077) 10076.1 s - to - sa § 100-91 ZONING § 100-91 (6) Fraternal or social institutional offices or meeting halls. (7) Drinking establishments. (8) Public garages. (9) Funeral homes. (10) Wineries. [Amended 5.1-1959 by L.L. No. 15-1989] (11) [Added 5-16-1994 by L.L. No. 9-1994] Take-out and formula food restaurants, subject to the following requirements: (a) Adequate parking shall be provided in accordance with that required by Article XIX, Parking 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 parking shall be determined by the Planning Board as part of its site plan review procedure by conducting a parking 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 walk-up window or door. 10079 s - io - sa § 100-91 SOUTHOLD CODE § 100-92 (d) Exterior signage shall conform in all respects to the 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 structures, including waste disposal receptacles and flags. (f) 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 5-9-1959 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 subject to Article XX, are subject to site plan review: (1) Accessory uses as aet 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 thereof. (2) Signs, as set forth in § 100-81C(2) of the Limited Business District. (3) Directional or informational signs, not exceeding two (2) square feet, which the Planning Board finds to be necessary to facilitate circulation throughout the district. § 100-92. Bulls, 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 10080 s - io - sa § 100-92 ZONING § 100-101 same force and effect as if such regulations were set forth herein in fulls § 100-93. Uses conSned to enclosed buildings. All uses permitted in the HB District, including the display and sale of merchandise and the storage of all property, except living plants, shrubs and trees, shall be confined to fully enclosed buildings on the premises. ARTICLE X General Business (B) District [Added 1-10-1959 by L.L. No. 1-19894] § 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 5-9-1959 by L.L. No. 6-1989] Permitted uses. The following uses are permitted uses and, except 's Editor's Note: The Bulk Schedule ie included at the evd of this chapter, end the Parking and Loading Schedules are in 44 100-191 and 100-182. 4 Editor's Note: This local law also repealed former Art. X. Tourist Campo, Cemp Cottages end Trailers. 10081 6-10-94 § 100-101 SOUTHOLD CODE § 100-101 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 (18) of the Hamlet Business District. (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 (8) feet of the property line. (7) Wholesale/retail beverage distribution. (8) Funeral homes. (9) Train or bus stations. (10) Telephone exchanges. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board: 10082 s - io - sa § 100-101 ZONING § 100-101 (1) Any special exception use as set forth in and regulated by § 100-31B(2) to (13), except wineries are not required to be in connection with a vineyard. [Amended 8-1-1989 by L.L. No. 15-1989] (2) Hotel or motel uses as set forth in and regulated by § 100-61B(4) of the Resort Residential (RR) District, except that the minimum lot size shall be three (3) acres. [Amended 5-13-1991 by L.L. No. 19-1991] (3) Bed-and-breakfast enterprises or boarding and/or tourist homes as set forth in and regulated by § 100-31B(15) of the Agricultural-Conservation District, except that no site plan approval is required. (4) Tourist camps as regulated by Chapter 88, Tourist and Trailer Camps, of the Town Code. (5) Research, design or development laboratories, provided that any manufacturing shall be limited to prototypes and products for testing. (6) Fully enclosed commercial recreation facilities, including but not limited to tennis clubs, skating rinks, paddle tennis, handball and squash facilities, dance halls, billiard parlors, bowling alleys, health spas and clubs and uses normally accessory and incidental to commercial recreation, such as locker rooms, eating and drinking facilities and retail sale of goods associated with the particular activity. (7) 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. 10083 6 - 10 - 94 § 100-101 SOUTHOLD CODE § 100-101 (8) Fraternal or social institutional offices or meeting halls (nonprofit). (9) Take-out restaurants, provided that eating on the premises of the take-out restaurant shall be permitted only inside the structure or in areas specifically designated and properly maintained outside of the structure and where minimum lot size for a freestanding structure is forty thousand (40,000) square feet. [Amended 5-16-1994 by L.L. No. 9-1994] (10) Drinking establishments (11) Automobile laundries. (12) Public garages, gasoline service stations, new and used motor vehicle lots, vehicle sales and rental, including the sale of recreation vehicles and trailers and boat sales, with accessory repair facilities, all subject to the following requirements: (a) Entrance and exit driveways shall have an unrestricted width of not less than twelve (12) feet and not more than thirty (30) feet and shall be located not less than ten (10) feet from any property line and shall be so laid out as to avoid the necessity of any vehicle backing out across any public right-of-way. (b) Sale of used vehicles or boats shall be conducted only as accessory to the sale of new vehicles or boats. (c) Vehicle lifts or pits, dismantled automobiles, boats and vehicles and all parts or supplies shall be located within a building. (d) All service or repair of motor vehicles, other than such minor servicing as change of tires or sale of gasoline or oil, shall be conducted in a building. 10084 s - io - sa § 100-101 ZONING § 100-101 (e) The storage of gasoline or flammable oils in bulk shall be located fully underground and not less than thirty-five (35) feet from any property line other than the street line. (f) No gasoline or fuel pumps or tanks shall be located less than fifteen (16) feet from any street or property line. (g) Outdoor area lighting shall be that generally required for security purposes and shall be restricted to the front one-third (1/a) of the lot depth. All outdoor lighting shall be located at a height of not more than fourteen (14) feet above ground level and so directed that illumination should not extend beyond lot lines. (h) No gasoline service or repair shops or similar businesses are to be located within three hundred (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 10084.1 s - to - sa § 100-101 SOUTHOLD CODE § 100-101 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. (e) The self-service pump island shall be protected by an automatic fire-protection system in the Farm 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, including garage and maintenance facilities. (15) One-family detached dwellings, not to exceed one (1) dwelling on each lot. [Added 7-13-1993 by L.L. No. 11-1993] (16) [Added 5-16-1994 by L.L. No. 9-1994] Formula food restaurants located within a shopping center in this zone, subject to the following requirements: 10084.2 s - io - sa § 100-101 ZONING § 100-101 (a) There must be sufficient parking as provided for by the Artiele 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 o£ 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 walk-up window or door. (d) Exterior signage shall conform in all respects to the 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. (f) 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. C. [Amended 5-9-1988 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) of the Agricultural- 10084.3 s - io - sa § 100-101 SOUTHOLD CODE § 100-101 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 or 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 (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. (Cont'd on page 10085) 10084.4 s - io - sa § 100-191 ZONING § 100-191 'I~pe of Use In-service training facilities for employees Laundry plant or dry-cleaning plant Laundromat Library, museum or art gallery Light industrial uses Required Number of Parking Spaces See "conference facilities" 1 per employee, plus 1 per 200 square feet of customer service area 0.75 space per washing machine See "auditorium" 1 per employee or 1 per 500 square feet of floor area, whichever is greater Mariculture/aquaculture busi- ness Marina Membership club, country club, golf club or public golf course, tennis club Motor vehicle or mobile home salesroom or outdoor sales lot, including rental of equipment Multiple dwelling (3 or more families) Studio 1-bedroom 2-bedroom See "light industrial" 1 space per boat slip, mooring, dock space or similar unit of capacity, plus 1 space per employee AC least 1 for each 2 members or accommodations (such as lockers), whichever is greater, plus 1 for each employee 1 per each 600 square feet of showroom and sales lot area, plus 1 per employee 1.5 per dwelling unit 1.5 per dwelling unit 2.0 per dwelling unit; 0.25 space is required for each bedroom in excess of the first 2 bedrooms 10107 6-10-94 § 100-191 SOUTHOLD CODE § 100-191 Required Number of Type of Use Parking Spaces Nursing home or proprietary 1 for each bed rest home Office, business, governmental and 1 per 100 square feet of professional, except physi- office floor area cians or dentists Office for physician or dentist 5 spaces per physician or 1-family detached dwelling Personal service shop, barber- shop or beauty parlor Philanthropic, eleemosynary or religious institution Place of worship Printing or publishing plant Professional studio or travel agency Recreational facility, fully enclosed, commercial Repair garage Repair shop for household, busi- ness or personal appliances Research, design or development laboratory dentist 2 spaces per dwelling 2.5 spaces per service chair 1 space per bed See "auditorium" See `9ight industrial" See "office" 1 space for each 300 square feet of gross floor area, except court sports, 5 spaces per court, and rink sports, 1 space per 200 square feet of rink area 4 spaces per bay, plus 1 space per employee 1 space per 200 square feet of customer service area See "light industrial" 10108 6-10-94 § 100-191 ZONING § 100-191 'lope of Uae Restaurant, drive-in, curb ser- vice take-out or formula food [Amended fi-16-1994 by L.L. L.L. No. 9-1994] Required Number of Parking Spaces 1 space per 2 seats or 1 space per 50 squaze feet of gross floor space, whichever is greater Restaurant, except drive-in 1 space per 3 seats or 1 space per 100 square feet of floor space, whichever is greater 10108.1 (Cont'd on page 10109) s-io-sa