HomeMy WebLinkAbout1994 Code Supplement - 01/25/1994§ 100-31 ZONING § 100-31
stand in existence on the effective date of
this subsection must, within one (1) year
from such date, comply with the provisions
hereof.
(b) The keeping, breeding, raising and training of
horses, domestic animals and fowl (except
ducks)1 on lots of ten (10) acres or more.
(c) Barns, storage buildings, greenhouses
(including plastic covered) and other related
structures, provided that such buildings shall
conform to the yard requirements for principal
buildings.
(3) Buildings, structures and uses owned or operated by
the Town of Southold, school districts, park districts
and fire districts.
B. [Amended 12-21-1993 by L.L. No. 27.1993] Uses
permitted by special exception by the Board of Appeals.
The following uses are permitted as special exceptions by
the Board of Appeals, as hereinafter provided, and,
except for two-family dwellings and the uses set forth in
Subsection B(15) hereof, are subject to site plan approval
by the Planning Board:
(1) Two-family dwellings not to exceed one (1) such
dwelling on each lot.
(2) Places of worship, including parish houses (but
excluding a rectory or parsonage, which shall
conform to the requirements for a one-family
dwelling), subject to the following requirements:
(a) No building or part thereof shall be erected
nearer than fifty (50) feet to any street line and
nearer than twenty (20) feet to any lot line.
1 Editoda Note: See also Ch. 4l. Duclut.
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§ 100-31 SOUTHOLD CODE § 100-31
(b) The total area covered by all principal and
accessory buildings shall not exceed twenty
percent (20%) of the area of the lot.
(3) Private elementary or high schools, colleges and
other educational institutions, subject to the
following requirements:
(a) No building shall be less than fifty (50) feet
from any street or lot line.
(b) The total area occupied by all principal and
accessory buildings shall not exceed twenty
percent (20%) of the area of the lot.
(c) Any school shall be a nonprofit organization
within the meaning of the Internal Revenue Act
and shall be registered effectively thereunder as
such.
(d) Any such school shall occupy a lot with an area
of not less than five (5) acres plus one (1) acre
for each twenty-five (25) pupils for which the
building is designed.
(4) Nursery schools.
(5) Philanthropic, eleemosynary or religious
institutions, hospitals, nursing and rest homes or
sanatoriums for general medical care, but excluding
facilities for the treatment of all types of drug
addiction, subject to the following requirements:
(a) No building or part thereof or any parking or
loading area shall be located within one
hundred (100) feet of any street line nor within
fifty (50) feet of any lot line.
(b) The total area covered by principal and
accessory buildings shall not exceed twenty
percent (20%) of the area of the lot.
(c) The maximum height shall be thirty-five (35)
feet or two and one-half (21/z) stories.
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§ 100-31 ZONING § 100-31
~ (d) The entire lot, except areas occupied by
buildings or parking or loading areas, shall be
suitably landscaped and properly maintained.
(e) Sufficient exterior illumination of the site shall
be required to provide convenience and safety.
All such illumination shall be shielded from the
view of al] surrounding streets and lots.
~ (Cont'd on page 10041)
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§ 100-284 ZONING § 100-284
~ E. A certificate of occupancy shall be deemed to authorize
and is required far both initial occupancy and use of the
building or land to which it applies.
F. Upon written request and upon payment of the fee
hereinafter specified, the Building Inspector shall, after
inspection, issue a certificate of occupancy for any
building or use therefor or of land e~sting at the time of
the adoption of this chapter, or any amendments thereto,
certifying such use and whether or not the same and the
building conform to the provisions of this chapter.
G. A record of all certificates of occupancy shall be kept in
the office of the Building Inspector, and copies shall be
furnished on request to any agency of the town or to any
persons having an interest in the building or land
affected.
H. Certificate of occupancy fees. [Amended 3-14-1989 by
L.L. No. 3-1989; 9-26-1989 by L.L. No. 20-1989]
(1) 'I`he following fees shall be paid upon the filing of an
application with the Building Inspector for a
certificate of occupancy, which fee shall be paid into
the general fund if the application is approved or
returned to the applicant if the application is
denied:
(a) Business buildings and/or business uses and
additions and alterations thereto: fifty dollars
($50J.
(b) New dwellings and additions and alterations
thereto: twenty-five dollars ($25.).
(c) Accessory buildings and additions and
alterations thereto: twenty-five dollars ($25.).
(d) Preeasting dwellings: one hundred dollars
($100.).
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§ 100-284 SOUTHOLD CODE
(e) (Reserved)2
§ 100-285
(fl Updated certificates of occupancy by reason of
additions or alterations: fifty dollars ($50.).
(g) Copies of certificates of occupancy: twenty
dollars ($20.). [Amended 12-21-1993 by L.L.
No. 26-1993]
(h) (Reserved)3
(2) Notwithstanding the foregoing, no fee shall be
required or paid by taxing entities or districts,
including but not limited to fire districts, school
districts, park districts and the like.
§ 100-285. Penalties for offenses.
For each offense against any of the provisions of this chapter
or any regulations made pursuant thereto or for failure to
comply with a written notice or order of any Building Inspector
within the time fixed for compliance therewith, the owner,
occupant, builder, architect, contractor or their agents or any
other person who commits, takes part or assists in the
commission of any such offense or who shall fail to comply with
a written order or notice of any Building Inspector shall, upon a
first conviction thereof, be guilty of a violation, punishable by a
fine of not exceeding five hundred dollars ($500.) or by
imprisonment for a period not to exceed fifteen (15) days, or
both. Each day on which such violation shall occur shall
constitute a separate, additional offense. For a second and
subsequent conviction within eighteen (18) months thereafter,
such person shall be guilty of a violation punishable by a fine
not exceeding one thousand five hundred dollars ($1,500.) or by
imprisonment for a period not to exceed fifteen (15) days, or by
both such fine and imprisonment.
2 &ditor's Nate: Former Subaection H(U(e), rogerdivg vacant lend, was repealed
b•e•1990 by LL No. 10.1999.
3 Editor's Note: Former Subsection H(U(h), regarding certificates o[ occupmcy issued
more then five (5) years ago, wea ropeeled 12-21.1993 by LL No. 26.1998.
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§ 100-286 ZONING § 100-286
§ 100-256. Remedies.
In case any building or structure is erected, constructed,
reconstructed, altered, repaired, converted or maintained or any
building, structure or land is used in violation of this chapter or
of any regulations made pursuant thereto, in addition to other
remedies provided by law, any appropriate action or proceeding,
whether by Iccal process or otherwise, may be instituted or
taken to prevent such unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance or
use or to restrain, correct or abate such violation or to prevent
the occupancy of said building, structure or land or to prevent
any illegal act, conduct, business or use in or about such
premises.
(Cont'd on page 10175)
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