HomeMy WebLinkAbout1998 - Zoning Code in effect prior to LL # 10 of 1998ZONING IN EFFECT PRIOR TO
L LOCAL LAW NO. 10 or 1998
r
Chapter 100
From the
CODE
of the
Town
of
t SOUTHOLD
GENERAL CODE PUBLISHERS CORP.
72 Hinchey Road
Rochester, New York 14624
June 1998
ZONING
Chapter 100
ZONING
ARTICLE I
General Provisions
§ 100-9. Title.
§ 100.10. Purposes.
§ 100.11. Interpretation and conflicts.
§ 100.12. (R.eserved)
§ 100-13. Definitions.
ARTICLE II
Districts
§ 100-20. District designations.
§ 100.21. Zoning Map.
§ 100.22. District boundaries.
§ 100.23. Effect of establishment of districts.
§ 100-24. Lot recognition.
§ 100.25. Merger.
§ 100.26. Waiver of merger.
ARTICLE III
Agricultural-Conservation (A-C) District
and Low-Density Residential Ri30, 8120,
8200 and 8400 Districts
§ 100-30. Purpose.
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§ 100.31. Use regu
§ 100.32. Bulk, area and parking regulations. ,
§ 100.33. Accessory buildings.
ARTICLE IIIA
Low-Density Residential R-40 District
§ 100-30A.1. Purpose.
§ 100.30A.2. Use regulations.
§ 100.30A.3. Bulk, area and parking regulations.
§ 100.30A.4. Accessory buildings.
ARTICLE IV
Hamlet density (HD) Residential District
§ 100.40. Purpose.
§ 100-41. Applicability.
§ 100.42. Use regulations.
§ 100-43. Bulk, area and parking regulations.
ARTICLE V
Affordable Housing (AHD) District
§ 100.50 P ,
. urpose.
§ 100.51. Definitions.
§ 100.52. Applicability.
§ 100.53. Use regulations.
§ 100.54. Bulk, area and parking regulations. ,
§ 100.55. Application procedure.
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§ 100-56. General regulations and requirements.
§ 100-57. Administration.
§ 100-58. Applicability of other Code provisions.
§ 100-59. Penalties for offenses.
(Cont'd on page 10003)
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ARTICLE VI
Resort Residential (RR) District
§ 100-60. Purpose.
§ 100_61. Use regulations.
§ 100-62. Bulk, area and parlang regulations.
ARTICLE VII
Residential Office (RO) District
§ 100-70. Purpose.
§ 100-71. Use regnlations.
§ 100-72. Bulk, area and parking regulations.
ARTICLE VIII
Limited Business (I.B) District
§ 100-80. Purpose.
§ 100-81. Use regulations.
§ 100-82. Bulk, area and parking regulations.
§ 100-83. Font yard setbacks.
ARTICLE IX
Hamlet Business (HB) District
§ 100-90. Purpose.
§ 100.91. Use regulations.
§ 100-92. Bulk, area and parking regulations.
§ 100-93. (Reserved)
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ARTICLE X
General Business (B) District
§ loo-loo. Purpose.
§ 100-101. Use regulations.
§ 100-102. Bulk, area and parking requirements.
§ 100-103. Front yard setbacks.
ARTICLE XI
Marine I (DII) District
§ 100-110. Purpose.
§ 100-111. Uae 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/Planaed Office Park
(LIO) District
§ 100-130. Purpose.
§ 100-131. Use regulations.
§ 100-132. Bulk, area and parking regulations.
§ 100.133. Front yard setbacks.
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ARTICLE XIV
Light Industrial (LI) District
§ 100-140. Purpose.
§ 100-141. Use regulations.
§ 100-142. Bulk, area and parking regulations.
§ 100.143. Front yard setbacks.
ARTICLE XV
Density, Minimum Lot Size and Bulk Schedules
§ 100-150. Repeal of e~sting schedule; incorporation
of new schedules.
§ 100-151. Conformance required.
ARTICLE XVI
Wireless Communication Facilities
§ 100.160. Purpose.
§ 100.161. Scope.
§ 100-162. Location of use.
§ 100-163. Special exception approval.
§ 100-164. Historic buildings and districts.
§ 100-165. Design standards.
§ 100-166. Appearance.
§ 100-167. Removal.
§ 100-168. Nonconforming uses.
§ 100-169. Severability.
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ARTICLE XVII
(Reserved)
ARTICLE XVIII
Cluster Development
§ 100.180. Purpose.
§ 100.181. Applicability.
ARTICLE XI~C
Parking and Loading Areas
§ 10x190. Purpose.
§ 100-191. Off-street parking areas.
§ 100-192. Off-street loading areas.
ARTICLE XX
Signs
§ 100-200. Purpose.
§ 100-201. Applicability; permit required; application;
approval; fees.
§ 10x202. General design principles.
§ 10x203. Prohibitions and general restrictions.
§ 10x204. Limitation of content or copy.
§ 10x205. Specific signs.
§ 10x205.1. Specific sign requirements.
§ 10x206. Sign illumination.
§ 100.207. Unsafe, abandoned and unlawful signs.
§ 100.208. Transition.
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§ 100-209.
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Nonconforming signs.
ARTICLE XXI
Landscaping, Screening and Buffer Regulations
§ 100-210. Purpose.
§ 100-211. General requirements.
§ 100-212. Front landscaped area.
§ 100-213. Transition buffer area.
§ 100-214. Landscaped parking area.
§ 100-215. Properties located adjacent to creeks.
(Cont'd on page 10007)
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ZOI~TING
ARTICLE XXII
Farmland Bill of Rights
§ 100-220. Right to farm.
§ 100-221. Definitions.
§ 100-222. Right to undertake protected farm
practices.
§ 100-223. Right to notice provided by town agencies.
§ 100.224. Right to notice by brokers and agents.
§ 100-225. Enforcement.
§ 100.226. Severability.
ARTICLE ICI
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 is 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.
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§ 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.
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.
§ 10x244. Nonconforming lots.
§ 100-245. Repairs and maintenance.
§ 10x246. Involuntary moves.
ARTICLE XXV
Site Plan Approval
§ 10x250. Applicability.
§ 100-251. Findings of fact; purpose.
§ 10x252. Objectives.
§ 10x253. Approval of site plan required.
§ 10x254. Review procedure.
§ 100-255. Duration of plan.
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§ 100-256. Application requirements; fees.
§ 100-257. Architectural review standards.
§ 100-258. Architectural Review Committee.
§ 100-259. Land clearing.
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 1'XVII
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)
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AR'T'ICLE XXVIII
Administration and Enforcement
§ 100.280. Administrative and enforcing officer.
§ 100.281. (R.eserved)
§ 100.282. Revocation of permit.
§ 100-283. Stop orders.
§ 100-284. Certificates of occupancy.
§ 100-285. Penalties for offenses.
§ 100-286. Remedies.
ARTICLE }~{
Amendments
§ 100-290. Procedures.
§ 100-291. Fees.
§ 100.292. Notice of proposed change of zone
classification.
ARTICLE X}Q~
Severability
§ 100.300. Severability.
Density and Minimum Lot Size Schedule
for Residential Districts
Density and Minimum Lot Size Schedule
for Nonresidential Districts
Bulk Schedule for Residential Districts
Bulk Schedule for Business, Office and
Industrial Districts
Bulk Schedule AA
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§ 100-9 SOUTHOLD CODE § 100-10
[ffiSTORY: Adopted by the Town Board of the Town of
Southold 49-1957; amended in its entirety 11-23-1971.
Sections 100-13, 100-20G, 100-SOB(7)(a), 100-30B(9)(a), ,
100-30C, 100.70A(1), 100.90A(22), 100-121C(2)(i),
100-141J(5), 100-144B and 100.145 amended during
codification; see Ch. 1, General Provisions, Article lI.
Other amendments noted where applicable.]
GIIdEML REFERENCES
Preservation o[aerioultural lords-See Ch. S6.
Flood damage prevention-See Cb.I6.
Junkyards-See Ch.lk.
Landmark preservation -See Ch 66.
Open space preservation -See C6.69.
Soilremoval- See Ch 81.
Tourist and trailercamps-See Ch 8&
WeBaads-See C6.97.
Subdivision of land-See Ch. A196.
ARTICLE I
General Provisions
§ 100.9. Title. [Added 2-1-1983 by L.L. No. 2-1983]
This chapter shall be known and may be cited as the
°Southold Town Zoning Code."
§ 100-10. Purposes. '
There is hereby established a comprehensive zoning plan for
the Town of Southold, which plan is set forth in the text and
map that constitute this chapter. Said plan is adopted for the ,
purposes set forth in Article 16 of the Town Law, which, in the
interest of the protection and promotion of the public health,
safety and welfare, shall be deemed to specifically include the
following, among others:
A. The facilitation of the efficient and adequate provision of
public facilities and services. ,
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§ loo-lo
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§ 100-11
B. The assurance of adequate sites for residence, industry
and commerce.
C. The provisions of privacy for families.
D. The prevention and reduction of traffic congestion so as
to promote efficient and safe circulation of vehicles and
pedestrians.
E. The maximum protection of residential and historic
azeas. [Amended 1-10-1989 by L.L. No. 1-1989]
F. The gradual elimination of nonconforming uses.
G. The enhancement of the appearance of the Town of
Southold as a whole, particularly its open and rural
environment. [Amended 1-10.1989 by L.L. No. 1-1989]
H. The encouragement of flexibility in the design and
development of land in such a way as to produce the
most appropriate use of lands, to facilitate the adequate
and economical provision of streets and utilities and to
preserve the natural and scenic qualities of open lands.
I. The fostering and protection of agriculture and fisheries.
J. To make provision for, so faz as conditions may permit,
the accommodation of solaz energy systems and
equipment and access to sunlight necessary therefor.
[Added 2-1-1983 by L.L. No. 2-1983]
' K. The protection of the subsurface water supply and
surface waters. [Added 1-10-1989 by L.L. No. 1-1989]
L. The protection and enhancement of the coastal
environment. [Added 1-10-1989 by L.L. No. 1-1989]
§ 100-11. Interpretation and conflicts.
A. Where a provision of this chapter conflicts with or
imposes a different requirement from any other
provision of this chapter, the provision or requirement
which is more restrictive or which establishes the higher
standard shall govern.
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§ 100-11 SOUTHOLD CODE § 100-12
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B. Where the provisions of this chapter con
impose a different requirement from any other ordinance
of the Town of Southold or any rules or regulations
adopted thereunder, the ordinance, rule or regulation '
which establishes the higher standard or requirement
shall govern.
C. In their interpretation and application, the provisions of
this chapter shall be held to be the minimum
requirements adopted for the promotion of the public
health, safety and welfaze. Except where specifically
provided to the contrary, it is not intended by this
chapter to repeal, abrogate, annul or in any way to
impair or interfere with any rules, regulations or permits
previously adopted or issued or which shall be adopted or
issued pursuant to law relating to the use of buildings,
structures, shelters or premises; nor is it intended by
this chapter to interfere with or abrogate or annul any
easements, covenants or other agreements between
parties. [Added 1-10-1989 by L.L. No. 1-1989]
§ 100-12. (Reserved)1
' ,
d on page 10013)
(Cont
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1 Editoa's Note: Former § 100.12, Ereepdons, amended 30-80.1973 by LL No. 5-1975, '
was repealed 11-2&1995 by I..I. No.2&1995, eCective January 1, 1996.
10012 12-25-95
§ 100-13 ZONING § 100-13
§ 100-13. Definitions. [Amended 7-31-73]
' A. Word usage. Words used in the present tense include the
future: the singular number includes the plural, and the plural
the singular; the word "person' includes a corporation as well
as an individual; the word "lot' includes the word "plot'; the
' term "occupied' or "used,' as applied to any building, shall be
construed as though followed by the words "or intended,
arranged or designed to be occupied or used.'
B. [Amended 10-26-76 by L.L. No. 51976; 4-11-78 by L.L.
No. 2-1978; 2-1-83 by L.L. No. 2-1983; 1-21-86 by L.L. No.
1-1986; 517-88 by L.L. No. 14-1988; 5-23-88 by L.L. No.
20-1988; 1-10-89 by L.L. No. 1-1989] Definitions and usages.
' Unless otherwise expressly stated, the following terms shall,
for the purpose of this chapter, have the meanings as herein
defined. Any word or term not noted below shall be used with
a meaning as defined in Webster's Third New International
Dictionary of the English Language, unabridged (or latest
edition).
ACCESS - A physical entrance to property.
ACCESSORY APARTMENT - A dwelling unit created in a
presently existing one-family dwelling pursuant to § 100-
31B(14).
ACCESSORY BUILDING OR STRUCTURE - A building
or structure detached from a principal building located on the
same lot as and customarily incidental and subordinate to the
principal building.
' ACCESSORY USE - A use customarily incidental and sub-
ordinate to the main use on a lot, whether such "accessory use'
is conducted in a principal or accessory building.
' ADDITION - A structure added to the original structure at
some time after the completion of the original.
' AGRICULTURE -The production, keeping or maintenance,
for sale. lease or personal use, o€ plants and animals useful to
man, including but not limited to forages and sod crops; grains
and seed crops; dairy animals and dairy products; poultry and
poultr}- products; livestock, including beef cattle, sheep, swine.
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§ 100-18 SOUTHOLD CODE § 100-13
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horses, ponies, mules or gnats or any mutat
thereof, including the breeding and grazing of any or all of
such animals; bees and apiary products; fur animals; fruits of
all kinds, including grapes, nuts and berries, vegetables; floral, '
ornamental and greenhouse products; or lands devoted to a soil
conservation or forestry management program. ,
ALTERATION - As applied to a building or structure, a
change or rearrangement in the structural parts or in the exit
facilities, or an enlargement, whether extending on a side or
by increasing in height, or the moving from one location or
position to another.
APARTMENT - An entirely self-contained dwelling unit
consisting of a minimum of four hundred fifty (450) square
feet of living area containing complete housekeeping facilities
for only one (1) family, including anv domestic servants
employed on the premises and having no enclosed space other
than vestibules, entrance hallways or porches, or cooking or
sanitary facilities in common with any other dwelling unit
and/or "apartment" [Added 619-1990 by LL No. 13-1990] ,
APARTMENT HOUSE - A building arranged, intended or
designed to be occupied by two (2) or more families living
independently of each other in apartments. [Added 619-1990 '
by LL No. 13-1990]
APPLICANT -The landowner or the agent, optionee, con-
tract purchaser or other person authorized in writing to act ,
for the landowner in submitting an application under this
chapter.
'
APPLICATION FOR DEVELOPMENT -The application
form and al] accompanying documents and exhibits required
of an applicant by an approving authority for development
and/or site plan review purposes. ,
AUTOMOBILE SALES LOT OR BUILDING - A lot or
building used for the sale or hire of automobile equipment. '
This shall be interpreted to include new and used car
dealerships and auto accessory salesrooms but not the sale of
junked automotive equipment. ,
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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
4-28-1997 by L.L. No. 6-1997]
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BASEMENT - A story of a building, partly below the
finished grade level, which has more than 1/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 rooms in anowner-occupied dwelling for lodging
and serving of breakfast to not more than six casual and
transient roomers, provided that the renting of such
rooms for such purpose is cleazly 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 "billboazd,° 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 or more streets or a
municipal boundary and of sufficient size to
accommodate a lot or lots of m;n;mum size required by
this chapter.
BOARDING- AND TOURIST HOUSES - A building,
other than a hotel, where lodging, with or without meals,
for five or more persons is furnished for compensation.
BOARD OF APPEALS -The Zoning Boazd of Appeals
of the Town of Southold.
BREEZEWAY - Open construction with a roof
projecting from the outside wall of a building, not to
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§ 100-13 SOUTHOLD CODE § 100-13
exceed dimensions of 8 feet by l0 feet, connecting the
main building and a gazage. Other types of attachments
which extend more than 10 feet, or exceed 80 squaze feet
in area, shall not attach a main building to a sepazate
building unless such attachment meets the requirements
of livable floor azea. [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 azea of a lot or pazcel
after deducting wetlands, streams, ponds, slopes over
15%, underwater land, easements or other restrictions ,
preventing use of such land for construction of buildings
or development.
BUILDING [Amended 11-12-1997 by L.L. No.
26-1997] -Any structure having a roof supported by
such things as columns, posts, piers, walls or air
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, television, receive-only satellite dish
antennas, amateur radio antennas and wireless
communication facility receiving and transmitting ,
antennas, except for radio, television, receive-only
satellite dish antennas, amateur radio antennas
installed on the roof of a building and extending not '
more than 20 feet above the highest level of the roof
of such building.
,
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§ 100-13 ZONING § 100-13
(5) Porches, outdoor bins and other similar structures.
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
similaz structures.
(2) The term "building azea° shall exclude the following:
(a) Cornices, eaves, gutters, chimneys and
fireplaces, projecting not more than 28 inches
from exterior walls.
(b) Steps and open porches, projecting not more
than five feet from exterior walls and having an
area of not more than 30 square feet.
(c) First-story bay windows projecting not more
' than three feet from exterior walls and exterior
cellaz doors projecting not more than six feet
from exterior walls.
(Cont'd on page 10017)
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§ 100-13 ZONING § 100-13
BUII.DING LINE -Aline formed by the intersection or
a horizontal plane at average grade level and a vertical
plane that coincides with the exterior surface of building
on any side. In case of a cantilevered section building,
the vertical plane will coincide with the most projected
surface.
BULKHEAD - A structure or barrier the intended use
for which is to separate and act as a barrier between
earthen material and water. [Added 7-13-1993 by L.L.
No. 14-1993]
CELLAR - Any space in a building, partly below
finished grade level, which has more than one-half (1/z)
its height, measured firom floor to ceiling, below average
established curb level or finished grade of land
immediately adjacent to the building.
CERTIFICATE OF COMPLIANCE - A document issued
by the Building Inspector certifying that the premises
indicated conform to Zoning Board of Appeals
requirements for bed-and-breakfast use or accessory
apartment use at the time of issuance. [Added
5-20.1993 by L.L. No. 61993]
CERTIFICATE OF DETERMINATION - [Added
5-20.1993 by L.L. No. 5-1993; repealed 7-11-1995 by
L.I.. No. 161995]
CERTIFICATE OF OCCUPANCY - A document issued
by a Town Building Inspector allowing the use and
occupancy of a building and/or land and certifying that
the structure and/or use of land and/or structures is in
compliance with all state and local codes, regulations
and requirements.
CHILD CARE - A residential structure and property
used principally as a residence, where child care is
provided by the resident for a total of five ar fewer
children other than those of the caregiver. This use must
be in accordance with the regulations governing home
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§ 100-13 SOUTHOLD CODE § 100-13
occupations in this Zoning Code. [Added 11-12-1996 by
L.L. No. 20-1996]
CLUSTER -See "residential cluster.° '
CLUB, BEACH - Anot-for-profit corporation, as defined
in § 102 of the Not-For-Profit Corporation Law of the
State of New York, located contiguous to a bay or Long
Island Sound and established for the principal purpose of
engaging in swimming in the sound or the bays, but
excluding any form of aviation, motorboat racing or
waterskiing on inland waterways or similar hazardous
sports.
CLUB, MEMBERSHIP OR COUNTRY or GOLF '
COURSE, NONPROFIT - Anot-for-profit corporation,
as defined in § 102 of the Not-For-Profit Corporation Law
of the State of New York, established for the principal
purpose of engaging in outdoor sports, such as golf, '
tennis, swimming, fishing, hunting or similar activities,
but not including any form of aviation, outdoor trap,
skeet or target shooting or motorboat racing. The '
activities of such a club shall be limited to its members
and their guests and shall not be extended to the general
public. '
CLUB, YACHT - A not-for-profit corporation, as defined
by § 102 of the Not-For-Profit Corporation Law of the
State of New York, established for the principal purpose ,
of engaging in recreational boating. The activities of such
a "yacht club" shall be limited to its members and their
guests and shall not be extended to the general public.
The term "yacht club" shall be deemed to include the ,
term `4narina" but shall not be deemed to include the
term "boatyard° except for the out-of--water storage of
members' boats. '
COMMON OPEN SPACE - An open space area within
or related to a site designated as a development that is
available for the use of all residents or occupants thereof. '
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§ 100-13
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§ 100-13
CONDOMINIUM - A building or buildings, the
dwelling units of which are individually owned, each
owner receiving a deed enabling him to sell, mortgage or
exchange his dwelling unit independent of the owners of
the other dwelling units in the building or buildings.
CONTINUING CARE FACILITY- An institution that
is licensed to provide health care under medical
supervision to in-patients. The facility provides
continuing, skilled nursing care an a long-term, extended
basis. Shall be otherwise known as a "nursing home.°
[Added 11-12-1996 by L.L. No. 20-1996]
LJ
COOPERATIVE - A type of resort or multiple residence
in which persons have an ownership interest in the
entity which owns the building or buildings and, in
addition, a lease or occupancy agreement which entitles
them to occupy a particular dwelling unit therein,
regardless of whether, and in what manner, the dwelling
units are managed, leased or otherwise made available
for use by persons other than the owners thereof.
COURT, INNER - An open space enclosed on all sides
by exterior walls of a building.
COURT, OUTER - An open space enclosed on three (3)
sides by exterior walls of a building.
COURT, DEPTH OF OUTER- The linear average
dimension measured from the unenclosed side of the
court to the farthest wall thereof.
COURT, WIDTH OF OUTER -The linear dimension of
the unenclosed side of the court.
CUL-DE-SAC -The turnaround at the end of a dead-
end street.
CURB CUT -The opening along the curbline at which
point vehicles may enter or leave the roadway.
CURB LEVEL -The established elevation of the street
grade at the point that is opposite the center of the wall
nearest to and facing the street line.
10018.1 s-zs-sv
§ 100-13 SOUTHOLD CODE § 100-13
CUSTOM WORKSHOP - A business premises used for
the making of clothing, millinery, shoes or other personal
articles to individual order or measure, for sale at retail '
on the premises only and not including the manufacture
of machinery, vehicles, appliances and similar heary
goods and ready-to-wear or standardized products. '
DECK -Construction attached to a building open to the
sky with floor materials built at an elevation above
natural grade. Decks are required to have building
permits before construction. [Added 5-31-1994 by L.L.
No. 10-1994]
(Cont'd on page 10019) '
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10018.2 s-u-e~
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§ 100-13
ZONING
§ 100-13
DEDICATION - The conveyance of a fee or lesser
interest in property to public use, which precludes the
owner or others under him from asserting any right of
ownership inconsistent with the use for which the
property is dedicated.
DWELLING, MULTIPLE - A building or portion
thereof containing three or more dwelling units.
DWELLING, ONE-FAMILY- A detached building
containing one dwelling unit only consisting of a
minimum living azea of 850 squaze feet. [Amended
4-24-1990 by L.L. No. &1990]
DWELLING, ROW OR ATTACHED - A one-family
dwelling with two common or party walls sepazating it
from adjacent units on both sides.
' DWELLING, SEMIDETACHED - A one-family
dwelling with one wall in common with an adjacent
dwelling.
DWELLING, TWO-FAMILY - A detached building
containing two dwelling units only.
' DWELLING UNIT - A building or entirely self-
contained portion thereof consisting of a minimum living
area of 850 square feet containing complete
' housekeeping facilities for only one family, including any
domestic servants employed on the premises, and having
no enclosed space, other than vestibules, entrance or
other hallways or porches, or cooking or sanitary
' facilities in common with any "dwelling unit.° A house
trailer, a boazding- or rooming house, convalescent
home, fraternity or sorority house, hotel, motel, inn,
lodging or nursing or similar home or other similaz
structure shall not be deemed to constitute a "dwelling
unit." [Amended 6-19-1990 by L.L. No. 13-1990]
' EASEMENT - A grant of the use of land for specific
purposes.
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10019 a-3o-sa
§ 100-13 SOUTHOLD CODE § 100-13 '
FAMILY- One or more persons occupying a dwelling
unit as a single nonprofit housekeeping unit. More than
five persons 13 yeazs of age or older, exclusive of
domestic servants, not related by blood, marriage or
adoption shall not be considered a "family."
FARM - A site or series of adjoining pazcels under '
single ownership or management devoted to agricultural
use.
FARM BUILDINGS -All structures useful or necessary
for the conduct of agricultural activities, including but
not limited to barns, silos, mechanical equipment storage
sheds, animal pens or other shelters.
FARM STAND -Any structure open to the weather on
at least one side, used for the sole purpose of retail sale
of produce grown by the owner of the stand on farm '
acreage within the Town of Southold. Such structure
may be one-story or less, roofed or have partial walls and
flooring but may not be completely enclosed except when
the business is closed. A farm stand may not be '
insulated or mechanically heated or cooled by permanent
equipment. A truck bed or trailer on wheels, with azeas
in excess of 20 square feet displaying produce, shall be '
considered a farm stand. [Added 5-13-1997 by L.L. No.
&1997]
FENCE - A vertical enclosure, solid or partially open, to
prevent straying from within or intrusion from without
or intended to be used as a visual screen. A "fence" is
considered a structure for the purposes of this chapter. ,
FISH PROCESSING - The readying of fish and
shellfish for shipping to market, including icing,
cleaning, filleting, shucking and the cooking of crabs or ,
lobster, but not including other cooking, canning,
freezing, smoking or other fish factory operations.
FLEA MARKET - An out-of--doors mazket operated only '
during daylight hours where new or used items aze sold
from individual locations, with each location being
10020 s-io-qr '
§ 100-13
ZONING
§ loo-13
operated independently from other locations. Items sold
include but aze not limited to household items, antiques,
raze items, decorations, used books and used magazines.
This shall not include sales by a nonprofit organization
on an occasional basis. (Added 10-17-1995 by L.I.. No.
21-1995]
FLOOD HAZARD AREA- Land in the floodplam
subject to aone-percent or greater chance of flooding in
any given yeaz.
FLOODPLAIN -The relatively flat azea or low lands
adjoining the channel of a river, stream, watercourse,
canal or any body of standing water which has been or
may be covered by floodwater.
FLOOR AREA -The sum of the gross horizontal azeas
of all floors of the building or buildings on a lot, having a
cleaz height of not less than six feet measured from the
exterior faces of exterior walls or from the center line of
party walls sepazating two buildings, including cellaz
and basement areas. The "floor area" shall not include
roof overhangs projecting less than three feet or any
floors or portions thereof contained on terraces or
balconies projecting beyond the exterior face of the
building.
' (Cont'd on page 10021)
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10020.1 s - io - sr
§ 100-13
ZONING
§ 100-13
i~
FLOOR AREA, LIVABLE - All spaces within the
exterior walls of a dwelling unit, exclusive of gazages,
breezeways, unheated porches, cellazs, 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 square feet of
all buildings on a lot divided by the azea of such lot in
square feet.
FOOD CATERING FACILITY - A food prepazation
operation that prepares 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]
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 accessary
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 gazage 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-sv
§ 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 gazage 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 baz 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]
- A structure for growing plants.
GROUND FLOOR -The first floor of a building other
than a cellaz or basement.
10022 s-i-s~
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§ 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 azea.
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 atwenty-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
prepazation 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.I.. 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-e~
1
§ 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 marketing 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; 7-2&1992 by L.L. No. 141992]:
(1) Any gainfiil activity customarily conducted only
within a dwelling unit by the residents thereof that
is cleazly secondary to the residential use.
(2) Activities carried on by the residents which aze
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 aze
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 similaz
chazacter, or rooms used for home occupations, provided
that the office, studio or occupational rooms are located
in a dwelling in which the practitioner resides. (Added
10024 6-1-97
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§ 100-13
ZONING
§ 100-13
u
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 `4esort
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 pazking 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
directly 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 parking 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 of the
owner or manager.
10024.1 s-i-s~
§ 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
"junkyazd." Public sanitary landfills and the structures
located thereon shall not be included in this definition.l
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 area 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 caze facility as an integral but accessory ,
service for residents of the life care community. [Added
11-12-1996 by L.L. No. 20-1996]
LIGHT INDUSTRIAL 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. ,
1 EditoPs Note: See also Ck. 54, Junkyards. ,
10024.2 s-i-s7
1
§ 100-13
ZONING
§ 100-13
1
Such uses may include industrial operations such as
electronic, machine parts and small component
assembly, as apposed to heavy industrial operations such
as automobile assembly or milling activities. [Added
4-28-1997 by L.L. No. 6-1997]
LIGHT INDUSTRY- An activity which involves the
fabrication, reshaping, reworking, assembly or
combining of products from previously prepazed
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
pazking space.
1
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LOT - Any pazcel 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 azea 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-qr
1
§ 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 "corner 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 corner lot or a
through lot. '
(Cont'd on page 10025)
1
10024.4 s-i-sv '
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§ 100-13 ZONING § 100-1:i
LOT LINE -Any boundary of a lot other than a street line.
LOT LINE, FRONT -The lot line separating a lot from a
street rightof--way; also referred to as "street line."
LOT LINE, REAR -The lot line generally opposite to the
street line; if the "rear lot line" is less than ten (10) feet in
length, or if the lot comes to a point in the rear, the "rear lot
line" shall be deemed to be a line, not less than ten (10) feet
long, lying farthest from the front lot line and parallel to the
front lot line.
LOT LINE, SIDE -Any lot line other than a front or rear lot
line.
LOT, REAR OR FLAG - A lot located in such a position that
it is to the rear of some other lot fronting on the same street
and served by means of an accessway.
LOT, THROUGH - A lot which fronts upon two (2) streets
which do not intersect at the boundaries of the lot.
LOT WIDTH -The average distance between side lot lines,
taken at the front yard or setback line and measured at right
angles to the side lot lines or along a line parallel to the street.
LOWER- AND MODERATE-COST HOUSING -Housing
which is constructed and kept available for families or
individuals with low or moderate income, including senior
citizens, as defined by the Town Board.
MAIN FLOOR -The largest area found by the projection of
a horizontal plane through the livable floor area which is
enclosed by the exterior walls of the building.
MANUFACTURING - Any process whereby the nature,
size or shape of articles or raw materials is changed, or where
articles are assembled or packaged.
MARINA or BOAT BASIN -Any premises containing one
(1) or more piers, wharves, docks, moorings, bulkheads,
buildings, slips, basins or land under water, designed, used or
intended to be used primarily For the docking or mooring of
boats, for or without compensation.
10025 s-zs-as
§ 100-13 SOUTHOLD CODE § 10(1-13
MASTER PLAN - A plan for the controlled development of
all or portions of the Town of Southold, the protection of
environmentally sensitive areas, the enhancement of fishing
d th
i
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e
es an
t
and shellfishing, healthy recreation areas and fac
protection of the underground water supply; the plan to be
prepared by the Planning Board pursuant to § 272-a of the
Town Law, which plan indicates the general locations of
physical development within the town and includes an_v unit or
part of such plan separately adopted and any amendment to
such plan or pazts therein.
MEAN HIGH WATER (MHW) -Average height of high
water datum reported by the United States Geological Survey.
MOTEL, RESORT -See "hotel or motel, resort."
MOTEL, TRANSIENT -See "hotel or motel, transient."
NONCONFORMING BUILDING OR STRUCTURE - A
building or structure legally existing on the effective date of '
this chapter or any applicable amendment thereto but which
fails, by reason of such adoption, revision or amendment, to
d
conform to the present district regulations for any prescribe '
structure or building requirement, such as front, side or rear
yards, building height, building areas or lot coverage, lot area
per dwelling unit, dwelling units per building, number of
parking and loading spaces, etc., but which is cortinuously
maintained after the effective date of these regulations.
NONCONFORMING LOT - A lot the area or dimension of
which was lawful prior to the adoption, revision or amendment
of this chapter but which fails to conform to the requirements
of the zoning district in which it is located by reason of such
adoption, revision or amendment.
NONCONFORMING USE - A use, whether of a building,
sign or tract of land, or combination of these, legally existing
on the effective date of this chapter, which does not conform to
the present use regulations of the district in which it is located
but which is continuously maintained after the effective date of
these regulations.
NURSERY SCHOOL - A building or buildings, together
with any accessory uses, buildings or structures, used as an '
10026 z-~-~
1
§ 100-13
ZONING
§ 100-13
organized instructional facility for five (5) or more
enrolled children under six (6) yeazs of age other than
the children of the resident family and not furnishing
sleeping facilities except to the resident family.
OFF-PREMISES SIGN - Any sign that identifies,
advertises or calls attention to a business or activity
taking place on property other than the premises on
which the sign is located. [Added 11-29-1994 by L.L.
No. 25-1994]
OFF-STREET PARKING SPACE - A space for the
parking of one (1) motor vehicle within a public or
private pazking area, but not within a public street.
OPEN SPACE -Any parcel or azea of land or water
essentially unimproved and set aside, dedicated,
designated or reserved for public or private use or
enjoyment or for the use and enjoyment of owners and
occupants of land adjoining or neighboring such open
space, provided that such areas may be improved with
only those buildings, structures, streets and off-street
pazking and other improvements that are designed to be
incidental to the natural openness of the land.
OUTDOOR STORAGE -The keeping, in an unroofed
azea, of any goods, junk, material, merchandise or
vehicles in the same place for more than twenty-four (24)
hours.
OWNER -Includes the duly authorized agent, attorney,
purchaser, devisee, fiduciary or any other person having
vested or contingent interest in the property in question.
PARKING LOT - An off-street, ground level area,
surfaced and improved for the temporary storage of
motor vehicles.
PARTIAL SELF-SERVICE GASOLINE SERVICE
STATION - A gasoline service station primarily for the
servicing of motor vehicles and the dispensing of gasoline
by means of a qualified attendant controlling an
approved console regulating the flow of gasoline intc
10027 i - zs - ss
1
§ 100-13 SOUTHOLD CODE § 100-13
fixed and approved dispensing equipment thereafter to
be operated by the customer at one (1) set of pumps on
one (1) pump island and by a qualified attendant
operating dispensing equipment at all other pump
islands.
PATIO - A flat, leveled structure attached to a building
by steps, or other construction, and having a base floor
azea at or below natural grade and open to the sky. A
"patio" structure below or at grade is not deemed to be a
deck or porch and shall not require a building permit.
New step areas to patios, decks, porches, breezeways,
etc., will require a building permit. Any other "patio" or
similar structure constructed above natural grade also
requires a building permit. [Added 5-31-1994 by L.L.
No. 10-1994]
PERFORMANCE GUARANTY- Any security which
may be accepted by the town as a guazanty that
improvements required as part of an application for
development aze satisfactorily completed.
PERSON - Any association, partnership, corporation,
cooperative group, trust or other entity, as well as an
individual.
PLANNING BOARD -The Planning Boazd of the Town
of Southold.
PLAT -The map of a subdivision.
PRINCIPAL BUILDING - A building in which is
conducted the main or principal use of the lot on which
said building is located. '
PRINCIPAL USE - The main or primary purpose or
purposes for which land and/or structure(s) is designed,
arranged, used or intended to be used or for which such
land and/or structure(s) may be occupied or maintained
under this chapter.
PROFESSIONAL OFFICE -The office of a member of a '
recognized profession or occupation, including azchitects,
10028 i - u - ss
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§ 100-13
ZONING
§ 100-13
artists, authors, dentists, doctors, lawyers, ministers,
musicians, optometrists, engineers and such other
similar professions or occupations which may be so
designated by the Board 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
chazacterized 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 pazks.
[Added 428-1997 by L.L. No. 61997]
RECREATION FACILITY, COMMERCIAL - An indoor
or outdoor privately operated business involving playing
fields, courts, azenas 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.
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RECREATIONAL VEHICLE - A vehiculaz-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 aze not manufactured for wholesale or
retail sale, wherein commercial servicing or repair of
10029 s-,-gr
§ 100-13 SOUTHOLD CODE § 100-13
commercial products is not performed and where there is
no display of any materials or products.
RESIDENTL9L 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 standazdized menus, ingredients, food
preparation, decor, external facade or uniforms. [Added
5-1&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 a ready-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 hardwaze, drugs, food and beverages,
furnishings, appazel 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-s.
i
§ 100-13
ZONING
§ 100-13
A
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) squaze 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 dischazge 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 azea.
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 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 azchitectural 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 similaz
device outlining or hung upon any part of a building or
lot, but does not include the flag or insie~nia 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 - sa
§ 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 area 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, fioodplains, mazshes and
waterways.
(Cont'd on page 10031)
100302 6-1-97
§ 100-13
ZONING § 100-13
(2) The location of all existing and proposed buildings,
drives, pazking spaces, walkways, means of ingress
and egress, drainage facilities, utility services,
landscaping, structures and signs, lighting and
screening devices.
(3) Any other information that may be reasonably
required in order to make an informed
determination pursuant to this chapter for the
review and approval of site plans by the Planning
Board.
SPECIAL EXCEPTION USE - A use that is deemed
appropriate in a particulaz district if specified conditions
are met.
STORY -That part of any building, exclusive of cellars
but inclusive of basements, comprised between the level
of one finished floor and the level of the next higher
finished floor or, if there is no higher finished floor, then
that part of the building comprised between the level of
the highest finished floor and the top of the roof beams.
STORY, HALF - Any space, with a minimum clear
height of five feet, partially within the roof framing
where the cleaz height of not more than 50% of such
space between the top of the floor beams and the
structural ceiling level is seven feet six inches or more.
STREET - A street, improved to the satisfaction of the
Planning Boazd, which is one of the following:
(1) An existing town, county or state highway or street.
(2) A street shown on an approved subdivision final
plat.
(3) A street shown on a map filed with the County Clerk
(in accordance with § 280-a of the Town Law) prior
to Planning Board authorization to review
subdivisions'
1 Fditols No[e: See also Ch. A106, Subdivision of Lead.
10031 x-io-ss
§ 100-13 SOUTHOLD CODE § 100-13
(4) A street shown on the Town Official Map.
STREET LINE -The dividing line between a lot and a
street.
STRUCTURAL ALTERATION - Any change in the
supporting members of a building, such as beams,
columns, girders, footings, foundations or bearing walls.
SWIMMING POOL- A structure containing an
artificial body of water which is greater than six feet long
or wide and greater than 18 inches in depth at any point.
Natural or man-made ponds all banks of which have a
slope of less than 45° shall not be included in this
definition.
TELECOMMUNICATION TOWER - A
telecommunication tower is a type of wireless
communication facility designed and constructed
specifically to support an antenna array, and may
include a monopole, self-supporting tower, guy-wire
support tower and other similaz structures. A wireless
communication facility attached to an existing building
or structure shall be excluded from this definition.
(Added 11-12-1997 by L.L. No. 26-1997]
TOURIST CAMP -Any lot, piece or pazcel of ground
where two or more tents, tent houses, camp cottages,
house cars or house trailers used as living or sleeping
quarters are or may be located, said camp being operated
for or without compensations
TOURIST COTTAGE - A detached building having less
than 350 squaze feet of cross-sectional azea, designed for
or occupied as living and sleeping quarters for seasonal
occupancy.
TOWN BOARD - The Town Board of the Town of
Southold.
2 Hditors Note: See .lso Ch.88. Tourist and Trailer camps
10032 s_io-os
§ 100-13
C~
t
C]
ZONING
§ 100-13
TOWNHOUSE - A dwelling unit in a building
containing at least three connected dwelling units
divided by common vertical party walls with private
entrances to each dwelling. A townhouse may include
dwelling units owned in fee simple or in condominium or
cooperative ownership or any combination thereof.
TRAILER OR MOBILE HOME -Any vehicle mounted
on wheels, movable either by its own power or by being
drawn by another vehicle and equipped to be used for
living or sleeping quarters or so as to permit cooking.
The term "trailer" shall include such vehicles if mounted
on temporary or permanent foundations with the wheels
removed and shall include the terms "automobile trailer"
and "house cax~."
USABLE OPEN SPACE - An unenclosed portion of the
ground of a lot which is not devoted to driveways or
pazking spaces, which is free of structures of any kind, of
which not more than 25% is roofed for shelter purposes
only, the minimum dimension of which is 40 feet and
which is available and accessible to all occupants of the
building or buildings on the said lot for purposes of
active or passive outdoor recreation.
USE - The purpose for which land or a structure is
arranged, designed or intended or for which either land
or a structure is or may be used, occupied or maintained.
USE, ACCESSORY- A use customarily incidental and
subordinate to the main use on a lot, whether such
accessory use is conducted in a principal or accessory
building.
WIRELESS COMMUNICATION FACILITY - Any
unstaffed facility for the transmission and/or reception of
wireless telecommunications services usually consisting
of a wireless communication facility array, connection
cables, an equipment facility and a support structure to
obtain the necessary elevation. The support structure is
either a building, telecommunication tower or other
10033 z-io-se
§ 100-13 SOUTHOLD CODE § 100-13
approved structure. [Added 11-12-1997 by L.L. No.
26-1997]
WIRELESS COMMUNICATIONS - Any personal
wireless services as defined in the Telecommunications
Act of 1996, which includes FCC licensed commercial
wireless telecommunications services including cellulaz
telephone services, personal communication services,
specialized mobile radio, enhanced specialized mobile
radio, paging and similaz services that currently exist or
that may in the future be developed. [Added 11-12-1997
by L.L. No. 26-1997]
YARD - An open space, other than a court, on the same
lot with a building which is, exclusive of trees, shrubs `~
and natural rock formations, unoccupied and
unobstructed from the ground upwazd.
YARD, FRONT- An unoccupied ground azea open to
the sky between the street line, or between the street
line established by the Official Map of the town or an
approved subdivision plat, and a line drawn pazallel
thereto.
YARD LINE -Aline drawn parallel to a street or lot
line at a distance therefrom equal to the respective yazd
dimension required by this chapter.
YARD, REAR - An unoccupied ground azea fully open
to the sky between the reaz lot line and a line drawn
pazallel thereto.
YARD, SIDE - An unoccupied ground azea fully open to
the sky between any property line other than a street or
rear lot line and a line drawn pazallel thereto between
the front and rear yazds.
ZONE - A finite area of land, as designated by its
boundaries on the Zoning Map, throughout which
specific and uniform regulations govern the use of land
and/or the location, size and use of buildings.
ZONING BOARD -See `Boazd of Appeals."
10034 s_io-ss
r
§ 100-13 ZONING § 100-20
ZONING MAP -The map annexed to and made part of
this chapter indicating zone boundaries.
- ARTICLE II
' Districts
§ 100-20. District designations. [Amended 7-31-1973;
7-1-1986 by L.L. No. &1986; 1-10-1989 by L.L. No.
1-1989]
For the purpose of this chapter, the Town of Southold, outside
of the incorporated Village of Greenport, is hereby divided into
districts designated as follows:
A-C Agricultural-Conservation District (two-acre
minimum)
R-80 Residential Low-Density District (two-acre
minimum)
R-40 Residential Low-Density District (one-acre
minimum)
R-120 Residential Low-Density District (three-acre
minimum)
R-200 Residential Low-Density District (five-acre
minimum)
R-400 Residential Low-Density District (ten-acre
HD minimum)
Hamlet Density Residential District
AHD Affordable Housing District
RR Resort Residential District
RO Residential Office District
HB Hamlet Business District
LB Limited Business District
B
MI General Business District
Marine I District
MII Mazine II District
LIO Light Industrial Pazk/Planned Office Pazk District
LI Light Industrial District
10034.1 s - io - ss
§ 100-21 SOUTHOLD CODE § 100-21
§ 100-21. Zoning Map. [Amended 1-10-1989 by L.L. No.
1-1989]
The boundaries of the said districts aze hereby established as
shown on the Zoning Map, dated January 10, 1989, which
accompanies this chapter and which, with all explanatory
matter thereon, is hereby adopted and made a part of and
incorporated into this chapter. Said map, indicating the latest
amendments, shall be kept up-to-date, and a copy thereof shall
be kept in the office of the Building Inspector for the use and
benefit of the public. ',
(Cont'd on page 10035)
1
i
100342 z_io-es
§ 100-22 ZONING § 1~-~
§ 100-22. District boundaries.
In determining the beundazies of districts shown on the Zoning
Map, the following rules shall apply:
A. Where district boundaries are indicated as approximately
following the center lines of streets, highways, waterways or
railroad rightsof--way, or such lines extended, such center
lines shall be construed to be such boundaries.
B. Where such boundaries are indicated as approximately
following the property lines of pazks or other publicly owned
lands, such lines shall be construed to be such boundaries.
Unless otherwise shown, all district boundaries running
C
.
parallel to streets shall be construed to be two hundred (200)
feet back from the rightsof-way of said streets.
In all cases where a district boundary divides a lot in one (1)
D
.
ownership and more than 5fty percent (50%) of the azea of
such lot lies in the less restricted district, the regulations
prescribed by this chapter for the less restricted district shall
apply to such portion of the more restricted portion of said lot
which lies within thirty (30) feet of such district boundary.
For the purposes of this subsection, the "more restricted
district" shall be deemed that district subject to regulations
which:
(1) Prohibit the use intended to be made of said lot; or
(2) Require higher standards with respect to coverage, yards,
screening, landscaping and similar requirements.
E. In all cases where a district boundary line is located not more
than fifteen (15) feet from a lot line of record, such boundary
line shall be construed to coincide with such lot line.
F. In all other cases where dimensions are not shown on the map,
the location of boundaries shown on the map shall be
determined by the use of the scale appearing thereon.
G. Unless shown on the Zoning Map, all tidal lands and lands
under water shall be deemed to be within the use district to
which they are contiguous.
10035 z-zs-as
§ 100-23 SOlTPHOI.D CODE § 100-23
§ 100-23. Effect of establishment of districts. '
Following the effective date of this chapter:
A. No building shall be erected, moved, altered, rebuilt or
enlazged, nor shall any land or building be used, designed or
azranged to be used for any purpose or in arty manner, except
in conformity with al] regulations, requirements and restric-
tions specified in this chapter for the district in which such
building or land is located.
B. No yard or open space required in connection with arty
building or use shall be considered as providing a required
open space for any other building on the same or any other lot.
C. No lot shall be formed from part of a lot already occupied by
a building unless such building, all yards and open spaces
connected therewith and the remaining lot comply with all
requirements prescribed by this chapter for the district in
which said lot is located. No building permit shall be issued for
the erection of a building on any new lot thus created unless
such building and lot comply with al] the provisions of this
chapter.
D. Nothing contained in this chapter shall require arty change in
the plans, construction or designated use of a building
complying with the Zoning Ordinance in force prior to this
chapter if the following is found to exist
(1) A building permit shall have been duly issued and
construction shall have been started before the effective
date of this chapter.
(2) The ground story framework (including the second tier of
beams) shall have been completed within six (6) months of
the date of the building permit.
(3) The entire building shall have been completed in
accordance with such plans as have been filed with the ~
Building Inspector within one (I) year from the effective
date of this chapter.
E. Any use not permitted by this chapter shall be deemed to be
prohibited. Any list of prohibited uses contained in any section
of this chapter shall be deemed to be not an exhaustive list but
10036 z-u-ss
§ 100-23
ZONING
§ 100-24
to have been included for the purposes of clarity and
emphasis. [Amended 1-10-1989 by L.L. No. 1-1989]
F. Notwithstanding the limitations imposed by any other
provisions of this chapter, no building, dredging or filling
operation shall be permitted below the datum of mean
high water of tidal waters unless such building, dredging
or filling operations have been duly authorized and are
conducted in conformity with all laws, ordinances, rules
and regulations of all governmental agencies having
jurisdiction thereof.'
§ 100.24. Lot recognition. [Added 11-28-1995 by L.L. No.
23-1995; amended 7-22-1997 by L.L. No. 22-1997]
A. A lot created by deed or town approval shall be
recognized by the town if any one of the following
standards apply and if the lots have not merged:
(1) The identical lot was created by deed recorded in the
Suffolk County Clerk's office on or before June 30,
1983, and the lot conformed to the minimum lot
requirement(s) set forth in Bulk Schedule AA2 as of
the date of lot creation.
(2) The lot(s) in question is/aze approved by the
Southold Town Planning Boazd.
(3) The lot(s) in question is/aze shown on a subdivision
map approved by the Southold Town Boazd prior to
June 30, 1983.
(4) The lot(s) in question is/are approved and/or
recognized by formal action of the Boazd of Appeals
prior to June 30, 1983.
1 Editor's Note: See also Ch. 92, Busts, Docks and Wharves, avd Ch. 97, Wetlands.
2 Editors Note: Bulk Seheduk M is located a the evd of this chapter.
10037
a-io-gr
§ 100-24 SOiJTHOLD CODE § 100-25 '
B. All lots which are not recognized by the town pursuant to
the above section shall not receive any building permits
or other development entitlements.
C. All lots aze subject to the merger provisions of § 100-25.
§ 100-25. Merger. [Added 11-28-1995 by L.L. No. 23-1995] ~
A. Merger. A nonconforming lot shall merge with an
adjacent conforming or nonconforming lot which has
been held in common ownership with the first lot at any
time after July 1, 1983. An adjacent lot is one which
abuts with the parcel for a common course of 50 feet or
more in distance. Nonconforming lots shall merge until
the total lot size conforms to the current bulk schedule
requirements.
B. Definitions. "Common ownership" shall mean that the
parcel is held by the same person in the same percentage
of ownership as an adjoining pazcel.
C. Exceptions. Lots which aze recognized under § 100-24
and meet any of the following categories shall be exempt
from the merger provision set forth above and shall not.
be deemed merged by operation of this chapter:
(1) The nonconforming lot has a minimum size of
40,000 squaze feet, or
(2) The nonconforming lot obtained a lot size variance
from the Zoning Boazd, or
(3) If the lot is not on the maps described in former 1
§ 100-12,5 the nonconforming lot has been held in
single and sepazate ownership from July 1, 1983 to
date, or
(4) [Amended 3-4-1997 by L.L. No. 41997] If the lot
is on the maps described in former § 100-12, the
2 Editor's Note: Former § 100-12, Esttptions, was deleted by L.L. No. 231995, eHeMive
January 1,19%.
10038 s-io-rr
J
7
i
§ 100-25 ZONING § 100-25
nonconforming lot has been held in single and
separate ownership from January 1, 1997, to date.
(5) Each lot is currently developed with aone-family
dwelling with a minimum 850 squaze 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. 41997] 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 search 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
may be deemed necessary.
E. Effect of merger. No 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.
10039 s- io - s~r
§ 100-26 SOUTHOLD CODE § 100-30
§ 100.26. Waiver of merger.
A. If a lot has merged, the Zoning Boazd of Appeals may
waive the merger and recognize original lot lines upon
public hearing and upon finding that:
(1) The waiver will 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 hardship.
(4) The natural details and character of the and
character 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 8-400 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 lazge and contiguous azeas of prime
agricultural soils which are the basis for a significant portion of
the town's economy and those azeas with sensitive environmen-
tal features, including aquifer rechazge azeas and bluffs. In
addition, these areas provide the open rural environment so
highly valued by yeaz-round residents and those persons who
support the Town of Southold's recreation, resort and second-
home economy. The economic, social and aesthetic benefits
which can be obtained for all citizens by limiting loss of such
10040 s-io-sv
' § 100-30 ZONING § 100-31
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 e~sting 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-80, 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
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
150 feet of any lot line:
(a) The raising of field and gazden crops, vineyazd
and orchard farming, the maintenance of
nurseries and the seasonal sale of products
grown on the premises. [Amended 11-29-1994
by L.L. No. 25-1994; 5-13-1997 by L.L. No.
5.1997]
10040.1 s- io - rr
§ 100-31 SOUTHOLD CODE § 100-31 ,
(b) The keeping, breeding, raising and training of
horses, domestic animals and fowl (except
ducks)4 on lots of 10 acres or more.
(c) Barns, storage buildings, greenhouses
(including plastic covered) and other related
structures, provided that such buildings shall
conform to the yazd requirements for principal
buildings.
(d) The retail sale of local produce from structures
of less than 20 squaze feet floor area shall be set
back at least 10 feet from any lot line. [Added
5-13-1997 by L.L. No. 5-1997]
(3) Buildings, structures and uses owned or operated by
the Town of Southold, school districts, pazk districts
and fire districts.
(4) [Added 11-29-1994 by L.L. No. 26-1994] Wineries
which meet the following standazds:
(a) The winery shall be a place or
remises on
p
which wine made from primarily Long Island
grapes is produced and sold;
(b) The winery shall be on a parcel on which at
least 10 acres aze devoted to vineyazd or other
agricultural purposes, and which is owned by
the winery owner;
(c) The winery structures shall be set back a
minimum of 100 feet from a major road; and
(d) The winery shall obtain site plan approval.
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 exception by
the Board of Appeals, as hereinafter provided, and,
except for two-family dwellings and the uses set forth in
4 Editors Note: See also Ch. 41, INeks.
10040.2 a->o-rr
§ 100-31 ZONING § 100-31
Subsection B(14) hereof, aze subject to site plan approval
by the Planning Boazd:
(1) Two-family dwellings not to ezceed one 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
neazer than 50 feet to any street line and
nearer than 20 feet to any lot line.
(b) The total azea covered by all principal and
accessory buildings shall not exceed 20% of the
azea 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 50 feet from any
street or lot line.
(Cont'd on page 10041)
10040.3 s- io - sv
§ 100-31 ZONING § 100-31
r (b) The total azea occupied by all principal and
accessory buildings shall not exceed 20% of the
azea 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 azea
of not less than five acres plus one acre for each
25 pupils for which the building is designed.
(4) Nursery schools.
(5) [Amended 12.27-1994 by L.L. No. 30-1994;
11-12-1996 by L.L. No. 20-1996] Philanthropic,
eleemosynary or religious institutions, health caze,
continuing care and life facilities, but excluding
facilities for the treatment of all types of drug
addiction, subject to the following requirements:
(a) No building or pazt thereof or any pazking or
loading area shall be located within 100 feet of
any street line nor within 50 feet of any lot line.
(b) The total area covered by principal and
accessory buildings shall not exceed 20% of the
area of the lot.
(c) The maximum height shall be 35 feet or 2i/z
stories.
(d) The entire lot, except areas occupied by
buildings or pazking or loading azeas, shall be
suitably landscaped and properly maintained.
(e) Any health caze, continuing caze or life care
facility shall meet the following standazds:
[1] All buildings shall be of fire-resistive
construction.
10041 z-io-es
§ 100-31 SOUTHOLD CODE § 100-31
[2] All such uses shall be served by adequate '
water and sewer systems approved by the
Suffolk County Department of Health.
(3] Patients suffering from communicable
diseases shall not be permitted in any
nursing home or sanatorium.
(Communicable diseases are defined by the '
Sanitary Code of the Public Health Council
of the State of New York.)
(4] Eight thousand squaze feet of lot azea shall
be provided for each patient bed.
(6) Public utility rights-of--way as well as structures and
other installations necessary to serve areas within
the town, except that wireless communication
facilities must obtain approval pursuant to Article
XVI, subject to such conditions as the Boazd of
Appeals may impose in order to protect and promote
the health, safety, appearance and general welfaze
of the community and the chazacter of the
neighborhood in which the proposed structure is to
be constructed. [Amended 11-12-1997 by L.L. No.
26-1997]
(7) Beach clubs, tennis clubs, country clubs, golf clubs,
public golf courses and annual membership clubs
catering exclusively to members and their guests
and accessory playgrounds, beaches, swimming
pools, tennis courts, recreational buildings and
maintenance buildings, subject to the following
requirements: ,
(a) No building or part thereof or any pazking or
loading azea shall be located within 100 feet of
any street line or within 50 feet of any lot line.
(b) The total azea covered by principal and
accessory buildings shall not exceed 20% of the
azea of the lat.
10042 z_io-ss
§ 100-31 ZONING § 100-31
(c) Such use shall not be conducted for profit as a
business enterprise.
(d) No such use shall occupy a lot with an area of
less than three (3) acres.z
(8) Children's recreation camps organized primarily for
seasonal use and subject to the following
requirements:
(a) No building, tent, activity area or recreation
facility shall be less than two hundred (200) feet
from any lot line, and any such building, tent,
activity area or recreation facility shall be
effectively screened therefrom as required by
the Planning Board. Buildings intended for use
as sleeping quarters shall be not less than
thirty (30) feet from each other, except tents,
which shall be not less than ten (10) feet apart.
(b) The minimum lot area shall be not less than ten
thousand (10,000) square feet for each cottage,
tent or other principal building and not less
than three thousand (3,000) square feet of land
area shall be provided far each person
accommodated in the buildings or tents on the
premises.
(c)3 The sound level of all outdoor public-address
systems shall not exceed the intensity tolerable
in a residential neighborhood.
(9) Farm labor camps, subject to the following
requirements:
(a) All farm labor camps on farms shall be
construed in conformance with applicable laws
z Editoa'e Note: Former Subsection B(7)(e), dealing with the shielding of the direct
source of exterior light[ug, wu repealed 1&87-1884 by I..L. No. 301994.
3 Editor's Note: Former 9nbacetion 8(8)(t), dealing with the glare of l:ghis toward
nearby property, was eepeeled 1&Y71886 by I..l. No. 90-198.1. This local law also
providedtor the renumbering ottormer Babsectiou B(e)(d)as 8(8)(c).
10043 z -zs - ss
§ 100-31 SOUTHOLD CODE § 100-31
and shall not be located nearer to any other
residence than the residence of the employer,
except by specific review and approval of the
Planning Board.
(10) Veterinarian's offices and animal hospitals, subject
to the following requirements:
(a) The housing of all animals shall be in a fully
enclosed structure, if neazer than one hundred
fifty (150) feet to any lot line.
(11) Cemeteries.
(12) Stables and riding academies.
(13)4One (1) accessory apartment in an existing one-
family dwelling, subject to the following
requirements:
(a) The accessory apartment shall be located in the
principal building.
(b) The owner of the existing dwelling shall occupy
one (1) of the dwelling units as the owner's
principal residence. The other dwelling unit
shall be leased for year-round occupancy,
evidenced by a written lease for a term of one
(1) or more years.
(Cont'd on page 10045)
4 Bditm'e Note: Former Sobsectiov B(19), wineries, u amended, suet repealed
11-98.1994 by I..L. No. 28.1984, which local law aLo n!nvmbered former Snbsectione
B(14) and (16) ae Subsections B(19) and (14), respectively.
10044 2 -z6 -e6
§ 100-31 ZONING § 100-31
(c) The existing one-family dwelling shall contain
not less than one thousand six hundred (1,600)
square feet of livable floor area.
(d) The accessory apartment shall contain not less
than four hundred fifty (450) square feet of
livable floor area.
(e) The accessory apartment shall not exceed forty
percent (40%) of the livable floor area of the
existing dwelling unit.
(f) A minimum of three (3) off-street parking
spaces shall be provided.
(g) Not more than one (1) accessory apartment
shall be permitted on a lot.
(h) The accessory apartment shall meet the
requirements of a dwelling unit as defined in
§ 100-13 hereof.
(i) The exterior entry to the accessory apartment
shall, to the maximum extent possible, retain
the existing exterior appearance of aone-family
dwelling.
(j) All exterior alterations to the existing building,
except for access to the apartment, shall be
made on the existing foundation.
(k) The certificate of compliance shall terminate
upon the transfer of title by the owner or upon
the owner ceasing to occupy one (1) of the
dwelling units as the owner's principal
residence. In the event of an owner's demise,
the occupant of an accessory apartment may
continue in occupancy until a new owner shall
occupy the balance of the dwelling or one (1)
year from date of said demise, whichever shall
first occur. [Amended 5-20-1993 by L.L. No.
6-1993]
10045 s -zs - as
§ 100-31 SOUTHOLD CODE § 100-31
(1) All conversions shall be subject to the i
inspection of the Building Inspector and
renewal of the certificate of occupancy annually.
[Amended 5-20.1993 by L.L. No. 6-1993]
(m) The building which is converted to permit an
accessory apartment shall be in existence and
have a valid certificate of occupancy issued
prior to January 1, 1984, or proof of occupancy
prior to that date. [Amended 5-20-1993 by
L.L. No. 61998]
(n) The effisting building, together with the
accessory apartment, shall comply with all
other requirements of Chapter 100 of the Town
Code of the Town of Southold.
(o) Notwithstanding the provisions of § 100-31B
hereof, no site plan approval by the Planning
Board shall be required for the establishment of
an accessory apartment.
(p) Approval by the Suffolk County Department of ~'
Health Services of the water supply and sewage
disposal systems shall be required.
(q) No bed-and-breakfast facilities, as authorized ,
by § 100-31B(14) hereof, shall be permitted in
or on premises for which an accessory
apartment is authorized or exists. [Added
3-141989 by L.L. No. 3-1989]
(14) [Amended 3-141989 by L.L. No. 3-1989; 2-7-1995
by L.L. No. 3-1995] Bed-and-breakfasts which have
been issued a bed-and-breakfast permit by the
Building Inspector. Said permit shall be issued for a
term of one (1) year if the following conditions are
met:
(a) A smoke alarm shall be provided on each floor
and in every guest mom.
10046 a-as-ss
r
§ 100-31
ZONING
§ 100-31
(b) The dwelling shall have at least two (2) exits
and there shall be a window large enough for
emergency egress in each guest room.
(c) The identification sign shall be no larger than
two (2) square feet in areas zoned Rssidential-
Office or higher, but there shall be no exterior
signage identifying the use as a bed-and-
breakfastin residential areas.
(d) No accessory apartment, as authorized by
§ 100-31B(13) hereof, shall be permitted in or
on premises for which a bed-and-breakfast
facility is authorized or exists.
(15) Historical society. (Added 11-12.1996 by L.L. No.
20-1996]
C. Accessory uses, limited to the following uses and subject
to the conditions listed in § 100-33 herein:
(1) Any customary structures or uses which are
customarily incidental to the principal use, except
those prohibited by this chapter.
(2) [Amended 4-9-1991 by L.L. No. 10-1991;
7-25-1992 by L.L. No. 141992] Home occupation,
including home professional office and home
business office. In permitting these uses, the Town
Board recognizes that the residents historically have
operated small businesses which provide services to
the community from their homes. The Board finds
that these businesses have not impacted negatively
on the appearance of these residential zones. In the
Board's judgment, it finds that in order to maintain
the economic viability of the town, to maintain the
rural quality of life and in the interests of the
welfare of the residents, these businesses (or home
occupations) should be permitted to continue. In
setting forth the following subsections, the Board
intends to permit as of right certain business uses in
residential zones with the understanding that these
10047 a -ss - av
§ 100-31 SOUTfIOLD CODE § 100-31
uses are to be conducted in a manner that will not
alter the character of the residential neighborhoods.
The Board believes that the following subsections
provide sufficient safeguards to accomplish that
aim. These uses shall be permitted, provided that:
(a) No display of products shall be visible from the
street, and no stock-in-trade shall be kept on
the premises.
(b) Such occupation is incidental to the residential
use of the premises and is carried on in the
main building by the residents therein with not
more than one (1) nonresident assistant for
whom off-street parking must be provided on
site.
(c) Such occupation is carried on in an area not to
exceed twenty-five percent (25%a) of the area of
all floors of the main building, and in no event
shall such use occupy more than five hundred
(500) square feet of floor area.
(d) There shall be no exterior effect at the property
line, such as noise, traffic, odor, dust, smoke,
gas, fumes or radiation.
(e) Studios where dancing or music instruction is
offered to groups in excess of five (5) pupils at
one (1) time or where concerts or recitals are
held are prohibited.
(f) In no manner shall the appearance of the
building be altered, nor shall the occupation be
conducted in a manner that would cause the
premises to lose its residential character,
including but not limited to the use of colors,
materials, construction or lighting.
(g) Notwithstanding anything set forth elsewhere
in this Article, home occupations, home
business offices and home professional offices
shall in no event be deemed to include animal
10048 z-ss-e~r
n
~,~
§ 100-31 ZONING § 100-31
hospitals, kennels, barbershops, beauty parlors,
clinics or hospitals, mortuaries, nursery schools,
clubs, auto repair shops, restaurants, tourist
homes, rooming houses or boardinghouses and
uses similar to those listed above.
(h)% Home occupations, home business office and
home professional offices shall not include
manufacturing, fabrication or construction of
any type on the site.
(i) The outdoor storage of equipment necessary for
residents connected with aquaculture shall be
screened from view and shall conform to the
setbacks for accessory structures.
(3) Boat docking facilities for the docking, mooring or
accommodation of noncommercial boats, subject to
' the following requirements:
(a) There shall be docking or mooring facilities for
no mare than two (2) boats other than those
owned and used by the owner of the premises
for his personal use.
(b) The Town Trustees shall approve new boat
docking facilities.
(c) Boats at such docking facilities shall not be
used for overnight sleeping purposes.
(4) Garden house, toolhouse, storage building,
playhouse, wading pool, swimming pool or tennis
court incidental to the residential use of the
premises and not operated for gain, subject to the
following requirements:
(a) Any swimming pool shall be completely
enclosed with a permanent chain link (or
8 Editor's Note: Former Snbeect)on C(8)(h), w1veL regu)ated gigue, was repealed
i1-89.1884 by LL. No. Y6-1884. Said LL. No. YS1884 aLo redeaianated former
6nbaectione C(8)(i) and fj) ae Sabeectione C(E)(h) end (i), respectively. For current sign
' P+ovtdons. sec Art. 8$ 3igne.
10049 z - 8s - s7
§ 100-31 SOIJTfiOLD CODE § 100-31
similar type) fence of not more than two-inch
mesh, not less than four (4) feet in height,
erected, maintained and provided with aself-
closing, self-latching gate to prevent
unauthorized use of the pool and to prevent
accidents. However, if said pool is located more
than four (4) feet above the ground, then a fence
is not required, provided that all points of
aceess to said pool are adequately protected by
a self-closing, self-latrh~ gate. Any swimming
pool in existence at the effective date of the
provisions of this subsection shall, within one
(1) year from such date, comply with all of the
provisions hereof.
(b) Individual outdoor tennis court related to
residential use on a lot containing asingle-
family detached dwelling, provided that the ,
same is set back not less than six (6) feet from
all lot lines and that there is no lighting for
after dark use.
(5) Private garages; provided, however, that not more
than two (2) passenger automobile spaces in such
garages may be leased to persons not resident on the
premises.
(6) Off-street parking spaces accessory to uses on the
premises. Not more than four (4) off-street parking ,
spaces shall be permitted within the m;n;mum front
Ym'd•
(7) The storage of either a boat or travel trailer owned
and used by the owner or occupant of the premises
on which such boat or travel trailer is stored, for his
personal use, subject to § 100-191Q, Supplemental
parking regulations,s and the following
requirements: `
8 Editor's Note: flee mw ¢ 104181P. '
10050 z-zs-ev
§ 100-31 ZONING § 100-31
(a) Such boat or trailer shall not exceed thirty (30)
feet in length.
(b) Such boat or trailer shall be stored only in the
required rear yard, and the area occupied
thereby, together with the azea of all buildings
in the reaz yazd, shall not exceed forty percent
(40%) of the area of the required reaz yazd.
(c) Such boat or trailer shall not be located within
fifteen (15) feet of any street or lot line.
(8) Horses and domestic animals other than household
pets, provided that such animals shall not be housed
within forty (40) feet of any lot line. Housing for
flocks of more than twenty-five (25) fowl shall not be
constructed within fifty (50) feet of any line.
(9~ Yard sales, attic sales, garage sales, auction sales or
similaz types of sales of personal property owned by
the occupant of the premises and located thereon,
subject to the following requirements:
(a) Not more than one (1) such sale shall be
conducted on any lot in any one (1) calendaz
year.
(b) Adequate supervised parking facilities shall be
provided.
(c) No signs, except one (1) an-premises sign not
lazger than six (6) square feet in size displayed
for a period of not longer than one (1) week
immediately prior to the day of such sale, shall
be permitted.
(d) A permit shall be obtained therefor from the
Town Clerk upon the payment of a fee of fifteen
dollars ($15.). [Amended 8-24-1993 by L.L.
No. 1S•1993]
4 Editor's Note: Former Subsection C(91, as amended, which regulated signs. was
repealed 11$8.1996 by I..I.. No. 86-1994, which local Lw aLo reao~>r.+.t former
Snbsectiw Cne) ae C(e). For eminent sips pcovirionq see Art. %$ Sienc
10051 z-2s-97
§ 100-31 SOUTHOLD CODE § 100-33
(e) The display permit issued by the Town Clerk
shall be posted on the premises so it can be read
from the street and removed before sundown on
the day of the sale. [Added 8-24-1993 by L.L.
No. 18-1993]
(10) Wineries may have an accessory gift shop on the
premises which may sell items accessory to wine,
such as corkscrews, wine glasses, decanters, items
for the storage and display of wine, books on
winemaking and the region and nonspecific items
bearing the insignia of the winery. Wineries may not
have a commercial kitchen as an accessory use but
may have a noncommercial kitchen facility for
private use by the employees. [Added 11-29-1994
by L.L. No. 26-1994]
(11) Child care. [Added 11-12-1996 by L.L. No.
20.1996]
§ 100-32. Bulk, area and parking regulations. [Added
9-3-1996 by L.L. No. 16-1996]
No building or premises shall be used and no building or part
thereof shall be erected or altered in the A-C, R-S0, R-120,
R-200 and R-400 Districts unless the same conforms to the Bulk
Schedule and Parking Schedule6incorporated into this chapter
with the same force and effect as if such regulations were set
forth herein full.
§ 100.33. Accessory buildings. [Amended 4-10-1990 by
L.L. No. 6-1990]
In the Agricultural-Conservation District and Low-Density
Residential R-S0, R-120, R-200 and R-400 Districts, accessory
6 8ditoPe Note: The Bdk Sohednle is ivcluded at the end of this chapter, end fhe
Partin{ Sehedde is m § 100.191A
10052 s-ss-av
LI
r
LJ
§ 100-33
ZONING
§ 100-33
buildings and structures or other accessory uses shall be located
in the required rear yard, subject to the following requirements:
A. Such buildings shall not exceed eighteen (18) feet in
height.
B. Setbacks. [Amended ?-17-1990 by L.L. No. 14-1990;
2-5-1991 by L.L. No. 2-1991]
(1) On lots containing up to twenty thousand (20,000)
square feet, such buildings shall be set back no less
than three (3) feet from any lot line.
(2) On lots containing more than twenty thousand
(20,000) square feet up to thirty-nine thousand nine
hundred ninety-nine (39,999) square feet, such
buildings shall be set back no less than five (5) feet
from any lot line.
(3) On lots containing in excess of thirty-nine thousand
nine hundred ninety-nine (39,999) square feet up to
seventy-nine thousand nine hundred ninety-nine
(79,999) square feet, such buildings shall be set back
no less than ten (10) feet from any lot line.
(4) On lots containing in excess of seventy-nine
thousand nine hundred ninety-nine (79,999) square
feet, such buildings shall be set back no less than
twenty (20) feet from any lot line.
C.eIn the case of a waterfront parcel, accessory buildings
and structures may be located in the front yard, provided
that such buildings and structures meet the front-yard
setback requirements as set forth by this Code. [Added
12-22-1992 by L.L. No. 3&1992]
9 Editor's Note: Former SnMectioa C, regardm9 pemntage of occupancy of •'e9uired
yard, wan repealed 7-19.1980 by I..I.. No. 141990.
10053 s-zs-99
1
~~
§ 100-30A.1 SOUTHOLD CODE § 100-30A.2
ARTICLE IIIA
Low-Density Residential R.40 District
[Added 1-10-1989 by L.L. No. 1-1989]
§ 100-30A.1. Purpose. ,
The purpose of the Low-Density Residential R-40 District is
to provide areas for residential development where existing
neighborhood characteristics, water supply and environmental
conditions permit full development densities of approximately
one (1) dwelling per acre and where open space and agricultural
preservation are not predominate objectives.
§ 100.30A2. Use regulations. '
In an R-40 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 uses except the following:
A. Permitted uses:
(1) Same as § 100-31A of the Agricultural-Conservation
District, except that wineries are excluded.
[Amended 11-29-1994 by L.L. No. 26-1994]
B. Uses permitted by special exception of the Board of
Appeals. The following uses are permitted as a special
exception by the Board of Appeals, as hereinafter
provided, and subject to site plan approval by the
Planning Board:
(1) Same as § 100-31B of the Agricultural-Conservation
District, except that a children's recreation camp,
farm labor camp and veterinarian's ogice and
animal hospital are not permitted and bed-and-
breakfast uses do not require site plan approval.
(2) Libraries, museums or art galleries.
i
10054 a_ss-e~
i
§ 100-30A.2 ZONING § 100-40
C. Accessory uses, limited to the following:
(1) Same as § 100-31C of the Agricultural-Conservation
District.
§ 100-30A.3. 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 Low-Density
Residential R-40 District unless the same conforms to the
requirements of the Bulk Schedule and of the Parking
Schedule,? with the same force and effect as if such regulations
were set forth herein in full.
§ 100-30A.4. Accessory buildings.
Accessory buildings shall be subject to the same
requirements as § 100-33 of the Agricultural-Conservation
District.
ARTICLE IV
Hamlet Density (HD) Residential District
[Added 1-10-1989 by L.L. No. 1-1989s]
§ 100-40. Purpose.
The purpose of the Hamlet Density (HD) Residential District
is to permit a mix of housing types and level of residential
' density appropriate to the areas in and around the major
hamlet centers, particularly Mattituck, Cutchogue, Southold,
Orient and the Village of Greenport.
7 13ditoi'a Note: The Bulk Schedule is included at the end of this chapter, end the
Parking, Schedule is in 4 100.193A
S Editore Note: Thin local law alto repealed former Art N, M Light Maltlple-
8eaidence Dietric4 ae emended.
10054.1 z - ss -97
§ 100-41 SOUTHOLD CODE § 100-42
§ 100-41. Applicability. ,
The Hamlet Density (HD) Residential District may be
designated on the Zoning Map by the Town Board upon its own
motion or by petition on parcels within one-half (1/z) mile of a
Hamlet Business (HB) District of Mattituck, Cutchogue and
Southold Hamlet and within one-fourth (i/a) mile of the Hamlet '
Business (HB) District of Orient and within one-half (i/z) mile of
the boundary of the Village of Greenport.
§ 100.42. Use regulations.
In the HD 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 use except the following: ,
A. Permitted uses.
(1) One-family detached dwelling.
(2) Two-family dwelling.
(3) Continuing care facility and life care community.
[Added 11-12-1996 by L.L. No. 20-1996]
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, and subject to site plan approval by the
Planning Board:
(1) Multiple dwellings, townhouses, row or attached
houses.
(2) Accessory apartments in single-family residences as
set forth in and regulated by § 100-31B(13) of the
Agricultural-Conservation District.
10054.2 z - zs -e~
§ 100-42 ZONING § 100-43
(3) Bed-and-breakfast uses as set forth in and regulated
by § 100-31B(14), without site plan approval.e
(4) Health care facilities. [Added 11-12-1996 by L.L.
No. 20-1996]
C. Accessory uses, limited to the following:
(1) Accessory uses as set forth in and regulated by
§ 100-31C(1) through (7), (9) and (11) of the
Agricultural-Conservation District, and subject to
conditions set forth in § 100-33 thereof. [Amended
11-29.1994 by L.L. No. 25-1994; 11-12-1996 by
L.L. No. 20-1996]
(2)10Accessory buildings, structures and other required
facilities and equipment necessary to provide
community sewers, water, heat, utilities and other
' community services to all buildings and structures
on the premises; provided, however, that the plans
for and the location of the same shall be approved by
the Planning Board.
§ 100-43. Bulk, area and parking regulations.
No building or premises shall be used and na building or part
thereof shall be erected or altered in the Hamlet Density (HD)
Residential District unless the same conforms to the Bulk
Schedule and Parking Schedule incorporated into this chapter,
with the same force and effect as if such regulations were set
forth herein in full.''
9 Editor's Note: Former Subsection B(4), winoriee, added 8-11888 by I..L. Na 16.1889,
waa repelled 11.29-1894 by r r. No. 88.1984.
10 Edito's Note: Former 9nbaection C(2), shich ref.'ulafed freeetmulin` and gaouvd
eigae, rvae repealed 11-29-1994 by I..L No. 8b-1994, which local law also ren~bered
former Subsection ti(S) ae Subsection C(8). For current aip provieio~, see Art. 8$
fiigne.
11 Edible's Note: The Bdk schedule is included at the end o[ this chapter, and the
Parking Schedule is in 41oo-lsla
10054.3 s -2s - sv
§ 100-50 SOUTHOLD CODE § 100-50
ARTICLE V
Affordable Housiag (AHD) District
[Added 7-1-1956 by L.L. No. 6-1956; amended 11-16-1956
by L.L. No. 141986; 1-10-1989 by L.L. No. 1-1959]
§ 100-50. Purpose.
The purpose of the Affordable Housing (AHD) District is to
provide the opportunity within certain areas of the town for the
development of high-density housing for families of moderate
income.
(Cont'd on page 10055)
1° Editor's Note: This lord law also repelled former Art V, M1 General MdHPIe-
Reeidence District, ae amended.
10054.4 z _ zs - sn
i~~
'~~
§ 100-51 ZONING § 100-51
~' § 100-51. Definitions.
For the purpose of this Article, the following terms, phrases
and words shall have the following meanings:
CONSUMER PRICE INDEX- The consumer price
index as published by the United States Department of
Labor, Bureau of Labor Statistics, for the New York
Metropolitan area.
DIRECTOR -The Director of Community Development
for the Town of Southold.
MODERATE-INCOME FAMILY - A family whose
aggregate annual income, including the total of all
current annual income of all family members [excluding
the earnings of working family members under age
twenty-one (21)] from any source whatsoever at the time
of application for the purchase or lease of an affordable
housing unit or the purchase of an unimproved
affordable lot, does not exceed the income specified by
resolution of the Town Board. [Amended 3-23-1993 by
L.L. No. 3-1993; 4.4-1995 by L.L. No. 5-1995]
MODERATE-INCOME FAMILY DWELLING UNIT - A
dwelling unit reserved for rent or sale to a moderate-
income family and for which the maximum monthly rent
(excluding utilities) or the maximum initial sales price
does not exceed the maximum rent or maximum sales
price set forth in § 100-56E hereof. In no event shall the
purchaser of said dwelling unit be responsible for the
payment of any utility hookup fees, including those
customarily charged for bringing same from the lot line
to the dwelling house. [Amended 12-22-1992 by L.L.
No. 34-1992]
MODERATE-INCOME FAMILY UNIMPROVED LOT -
An unimproved lot reserved for sale to a moderate-
income family and for which the maximum initial sales
price, inclusive of the cost of providing public water
and/or public sewer service to the lot, does not exceed the
maximum sales price set forth in § 100-56E hereof. Said
10055 a-zs-ss
~I
§ 100-51 SOUTHOLD CODE § 100-53
`Smimproved lot" shall mean a vacant pazcel of real
property designated as a lot on a filed map, inclusive of
all utilities brought to the property line. [Amended
12-22-1992 by L.L. No. 34-1992]
PERMANENT FIXED IMPROVEMENT - An
improvement to a lot or a moderate-income family
dwelling unit which cannot be removed without
substantial damage to premises or total loss of value of
said improvements.
UTILITIES - Electric, gas (if provided to the
subdivision), telephone and water. Cablevision shall be
provided without cost only to the lot line. [Added
12-22-1992 by L.L. No. 34-1992]
§ 100-52. Applicability.
AHD Districts shall be established by application to the Town
Boazd, pursuant to the procedures hereinafter specified, on
pazcels of land located within the following azeas:
A. Land within aone-half-mile radius of the post offices
located in the Hamlets of Mattituck, Cutchogne, Peconic
and Southold.
B. Land within aone-fourth-mile radius of the post offices
located in the Hamlets of East Marion and Orient.
C. Land within one-fourth (1/a) mile of the boundaries of the r
incorporated Village of Greenport.
D. Land in such other areas as shall be designated by Town
Boazd resolution after a public hearing thereon, upon ten
(10) days' notice thereof by publication in the official
town newspapers.
§ 100.53. Use regulations.
In the AHD District, no building or premises shall be used
and no building or part of a building shall be erected or altered
1056 4-25-95
§ 100-53 ZONING § 100-53
' which is arranged, intended or designed to be used, in whole or
in part, for any use except the following:
A. Permitted uses.
(1) One-family detached dwellings.
(Cont'd on page 10057)
1056,1 4-25-95
§ 100-53
ZONING
§ 100-55
(2) Two-family dwellings.
(3) Multiple dwellings.
B. Act~ssory uses. Accessory uses as set forth in and regulated
by § 100-31C(1), (2), (3), (4), (6) and (7) of this chapter.
§ 100.54. 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 AHD District unless the
same conforms to the following Bulk, Area and Pazking Schedule:
BULK. AREA AND PABHING SCHEDULE
Minimum Sin61e-Fam3y '1bwFam05 Multiple
Requiremmte DweSm6s Dwellings DweBmgs
1bta1 Iot area (square feet) 10.000 20.000 40,000
fet width (feet) 80 100 150
Int depth (feet) 100 140 200
Flont yard (feet) ~` ~ 4J
1 side yard (feet) 15 15 20
Both side Yards (feet)
Rear yard (feet) 25
35
850 30
35
600 40
45
000
Livable floor area (square feet per dwelling)
Off-street parking spaces (per dwelling) 2 2 2
Land area (square feet per dwelling unit) 10,000 10.000 10.000
Smgie-Feadb lteo-FamOy Multiple
' Maximum Permitted Dimensions Dwellings DwelGnge Dwellings
Lot coverage (percent) ZO% 25% 25%
Building height ~` 35 35
Number of carries 2y~ 2yi 2y¢
§ 100-55. Application procedure.
A. Application procedure. The procedure for planning and zoning
approval of any future proposed development in an AHD
District shall involve athree-stage review process as follows:
(1) Approval by the Town Board of a preliminazy develop-
ment concept plan.
(2) Approval of the 5na1, detailed subdivision plat by the
Planning Board."
10057 1-x5-sx
§ 10055 SOUTHOLD CODE § 100-55
l
s
(3) The zoning reclassification of a specific parcel or pazce
of land for development in accordance with that plan *
*NOTE: The town shall, in all instances, process
Subsection A(2) and (3) above concurrently so as to enable
the municipality to utilize a single SEQRA process and
conduct a coordinated review of the entire application.
B. Application to the Town Board for rezoning approval. Four (4)
copies of the application for the establishment of an AHD
District shall be filed with the Town Clerk, who shall submit
a copy to the Town Board at its next regular scheduled
meeting. The application shall contain at least the following
information:
(1) The names and addresses of the property owners and all
other persons having an interest in the property; the
name and address of the applicant, if not the owner; and
the names and addresses of any planners, engineers, ,
architects, surveyors and all other persons or Firms
engaged or proposed to be engaged to perform work and/
or services with respect to the project described in the
application.
(2) If the applicant is not the owner of the property, written
authorization of the owner or owners authorizing the '
applicant to submit the application on behalf of the owner
or owners.
(3) A written statement describing the nature of the
proposed project and how it will be designed to fulfill the
purposes of this Article, including its consistency with the
Town Master Plan; an analysis of the site's relationship to
adjoining properties and the surrounding neighborhood;
the availability and adequacy of community facilities and
utilities, including public water and public sewer systems,
to serve the needs of the project and the residents therein;
the safety and capacity of the street system in the area in
relation to the anticipated traffic generated; and such
other information as deemed necessary by the Town
Board and/or the Planning Board to enable them to
properly review and act upon the application.
10058 1-25-93
§ 100-55 ZONING § 100-55
(4) A written statement describing the proposed method of
ownership, operation and maintenance of all proposed
common utilities, including public water and sewer
facilities, and open land located within the proposed
development.
' (5) A preliminary development concept plan for the proposed
project, drawn to a convenient scale and including the
following information:
(a) The total area of the property in acres and square
feet.
(b) A map of existing terrain conditions, including
topography with a vertical contour interval of no
more than two (2) feet, identification of soil types
' (including wetlands), existing drainage features,
major rock outcroppings, the extent of existing
wooded areas and other significant vegetation, and
other sign cant features of the property.
(c) A site location sketch indicating the location of the
property with respect to neighboring streets and
properties, including the names of all owners of
property within five hundred (500) feet therefrom,
as shown on the last completed town assessment roll.
Such sketch shall also show the existing zoning of
the property and the location of all zoning district
boundaries in the surrounding neighborhood.
(d) A preliminary site development plan indicating the
approximate location, height and design of all
buildings, the arrangement of parking areas and
access drives and the general nature and location of
all other proposed site improvements, including
recreational facilities, landscaping and screening,
the storm drainage system, water and sewer
connections, etc.
(e) A plan showing the number, type and location of all
proposed dwelling units and unimproved lots to be
reserved for sale or lease to moderate-income
10059 ~-zs-ss
L~
§ 10(1-55 SOUTHOLD CODE § 100-55
families and the ratio of the same to all proposed
dwelling units and lots in the development
(fj A generalized time schedule for the staging and
completion of the proposed projecil
(6) [Added 12-22-1992 by L.L. No. 34-1992] Fees. Not- '
withstanding anything to the contrazy, the fees applicable
to AHD zoning application processes shall be as follows:
(a) There shall be no fee for the submission and
consideration of a preliminary development concept '
P~
(b) The fee for change of zone shall be five hundred
dollars ($500.). ,
(c) The subdivision fees shall be assessed in the
following manner: fifteen dollars ($15.) for each
proposed dwelling unit or five hundred dollars '
($500.), whichever is greater.
(d) The applicant shall be responsible for any profession-
al review fees necessarily incurred by the town in
conducting its coordinated review of the application.
C. Referral to Planning Board. Upon the receipt of a property '
completed application for the establishment of a new AHD
District, one (1) copy of the application shall be referred to the
Planning Board for its review and report, and one (1) copy
shall be referred to the Suffolk County Planning Commission ,
For its review and recommendation, if required by the
provisions of the Suffolk County Chazter. Within sixty (60)
days from the date of the Planning Board meeting at which '
such referral is reczived, the Planning Board shall report its
recommendations to the Town Board. No action shall be taken
by the Town Board until receipt of the Planning Board report '
or the expiration of the Planning Board review period,
whichever first occurs. Said review period may be extended by
mutual consent of the Planning Boazd and the applicant '
~ EdiY,r Nole: Former Subsection B(5H61. which sel an application tee and which
immediately tolbwed this subsection, was deleted 12-2'L-1992 by LL No. 341992. See mw
Subsertx~n IW6) below. '
jp(~0 ] ~ 25 ~ 93
§ 100-55
L~
1
S
I_~
ZONING
§ 100-55
D. Planning Board report. The Planning Board, in its report to
the Town Board, may recommend either approval of the
application for the establishment of the AHD District, with or
without modifications, or disapproval of said application. In
the event that the Planning Board recommends disapproval of
said application, it shall state in its report the reasons for such
disapproval. In preparing its report and recommendations, the
Planning Board shall give consideration to the Town Master
Plan, the existing and permitted land uses in the area, the
relationship of the proposed design and location of buildings on
the site, traffic circulation, both on and off the site, the
adequacy and availability of community facilities and utilities,
including public water and public sewer systems, to service
the proposed development, compliance of the proposed
development with the standards and requirements of this
Article, the thencurrent need for such housing and such other
factors as may be related to the purposes of this Article.
E. Town Board public hearing. Within forty-five (45) days from
the date of the Town Board's receipt of the Planning Board's
report and recommendation or the expiration of the Planning
Board review period, whichever first occurs, the Town Board
shall hold a public hearing on the matter of establishing an
AHD District on the property described in the application.
Such hearing shall be held upon the same notice as required
by law for amendments to the Town Zoning Map and/or
Zoning Code.
F. Town Board action.
(1) Within forty-five (45) days after the date of the close of
the public hearing, the Town Board shall act either to
approve, approve with modifications or disapprove the
preliminary development concept plan and the approval
or disapproval of the establishment of the AHD District
applied for. Approval or approval with modifications shall
be deemed as authority for the applicant to proceed with
the detailed design of the proposed development in
accordance with such concept plan and the procedures
10061 ~ - ~ - ss
n
~J
§ 100-55 SOUTHOI.D CODE § 100-55
and requirements of this Article. A copy of the Town
Board's determination shall be filed with the Planning
Board and a copy mailed to the applicant. A copy shall
also be filed in the Town Clerk's off ce. If such determina-
tion approves the establishment of a new AHD District,
the Town Clerk shall cause the Official Zoning Map to be
amended accordingly.
(2) Revocation; extension. [Amended 12-22-1992 by LL
No. 34-1992]
(a) Upon request to the Town Board on notice to the
applicant and for good cause shown, the establish-
ment of an AHD District may be revoked eighteen
(18) months after said Town Board approval thereof ,
if work on the site has not commenced or the same is
not being prosecuted to conclusion with reasonable
diligence. '
(b) The Town Board, upon request of the applicant and
upon good cause being shown, may, in the exercise of
its discretion, extend the above time period. 1n the ,
event of the revocation of aproval as herein provided,
the AHD District shall be deemed revoked, and the
zoning classifcation of the property affected thereby
shall revert to the zoning class cation that existed
on the property immediately prior to the establish-
ment of the AHD District thereon, and the Town
Clerk shall cause the Offcial Zoning Map to be
amended accordinglyv.
G. Subdivision plat approval by the Planning Board. [Amended
12-22-1992 by LL No. 34-1992]
(1) No earthwork, site work, land clearing, construction or
development activities shall take place on any property '
within an AHD District except in accordance with a site
plan approved by the Planning Board in accordance with
the provisions of this Article and in accordance with the
procedures and standards for site plan approval as set
forth in Article XXV of this chapter.
10062 i - zs - sa '
§ 100-55 SOUTHOLD CODE § 100-56
(2) Where a proposed development involves the subdivision or
resubdivision of land, no development shall proceed until
the Planning Board has granted final subdivision plat
approval in accordance with the provisions of Chapter
A106, Subdivision of Land, of the Town Code.
§ 100.56. General regulations and requirements.
A. Sewer and water. In an AHD District, public water supply
systems and/or public sewage disposal systems shall be
provided to serve all dwelling units located therein.
' B. Covenants and restrictions. In approving a preliminary
development concept plan and/or the establishment of an
AHD District, the Town Board shall have the right to require
the applicant and/or the owner and all persons having an
interest in the premises to execute an agreement, in recordable
form, containing such restrictions, covenants, terms and
conditions as it deems necessary to accomplish the intent and
purposes of this Article.
C. Provision for moderate-income family dwelling units and
unimproved lots.
(I) On land within an AHD District containing ten (10) acres
or less of land, not less than forty percent (40%) of the
dwelling units and/or unimproved lots located therein
shall be reserved for sale or lease to moderate income
families.
(2) On land within an AHD District containing more than
ten (10) acres of land, not less than fifty percent (50%) of
the dwelling units and/or unimproved lots therein shall
be reserved for sale or lease to moderate income families
D. [Amended 5-8-1990 by L.L. No. ~1990;1~22-1992 by L.L.
No. 34-1992] Eligibility. In each AHD, the sale or lease of
dwelling units and unimproved lots reserved for moderate-
income families who have not had any ownership interest in
any residence or vacant lot for the past five (5) years shall be
allocated on a priority basis, in the following order:
(Cont'd on page 10063)
I0062.I 1-'25-93
§ 100-56
L1
~_
'~J
ZONING § 100-56
(1) To eligible applicants who have resided and have
had primary full-time employment of either spouse,
if applicable, within the Town of Southold for a
period of at least one (1) year at the time of their
application.
(2) To eligible applicants who have either resided or
have had primary full-time employment of either
spouse, if applicable, within the Town of Southold
for a period of at least one (1) year at time of their
application.
(3) To all other eligible applicants.
E. Maximum sales price and monthly rent shall be set by
resolution of the Town Board, as amended from time to
time. [Amended 3.23.1993 by L.L. No. 3-1993;
4-4-1995 by L.L. No. 5-1995]
F. Resale price of dwelling units and unimproved lots.
(1) Dwelling units in an AHD District reserved for
moderate-income families may be resold tc
moderate-income families, provided that the
maximum resale price does not exceed the purchase
price plus the cost of permanent fixed
improvements, adjusted for the increase in the
consumer price index during the period of ownership
of such dwelling unit and such improvements plus
reasonable and necessary resale expenses.
(2) Unimproved lots in an AHD District reserved for
moderate-income families may be resold to
moderate-income families, provided that the
maximum resale price does not exceed the purchase
price of such lot adjusted for the change in the
consumer price index for the period during which
such lot was owned by the resale seller, plus
reasonable and necessary resale expenses.
(3) Where an unimproved lot in an AHD District
reserved for moderate-income families is improved
with a dwelling unit, the maximum resale price
10063 a - zs - ss
§ 100-56 SOUTHOLD CODE § 100-56
shall be determined in the manner specified in '
§ 100-56F(1) hereof.
(4) Notwithstanding the provisions of § 100-56F(1), (2) I
and (3) hereof, the Director may authorize the resale ,
of a dwelling unit or unimproved lot reserved for
moderate-income families at a price in excess of the
maximum resale price specified in § 100-56F(1), (2) '
and (3) hereof, under the following conditions:
(a) That the owner of such dwelling unit files an
application with the Director requesting
approval of such resale, setting forth in detail
the calculation for the determination of the
maximum resale price, the proposed resale ,
price and such other information and
documentation as the Director shall request.
(Cont'd on page 10065) '
~~
10064 4 - ss - as
M
§ 100-56
ZONING
§ 100-57
(b) [Amended 12-22-1992 by I.L No. 34-1992] That
the portion of the resale price in excess of the
maximum allowable resale price shall be divided
between the resale seller and the town in the
following proportions:
Year of Resale Percentage Percentage
After Purchase to Owner To Town
' 1st 0% 100%
2nd 20% 80%
3rd 40% 60%
4th 60% 40%
5th 80% 20%
6th 90% 10%
7th or beyond 100% 0%
(c) All money received by the town pursuant to the
provisions of the preceding Subsection F(4xb) shall
be deposited in separate accounts and shall be
expended only for the purposes of this Article in
' such manner as shall be determined by the Town
Board.
§ 100-57. Administration.
A. General duties of Director.
(1) The Director shall be responsible for the administration
of dwelling units and unimproved lots reserved for
moderate-income families in al] AHD Districts pursuant
' to the provisions of this Article.
(2) The Director shall promulgate and maintain information
and documentation of all dwelling units and unimproved
' lots reserved for moderate-income families in all AHD
Districts; the number thereof available for sale or lease at
all times; the sales prices and monthly rent for such
dwelling units and lots; and the names and addresses of
eligible families desiring to purchase or lease the same,
together with a priority list of such families. The Director
10065 1-•L5-93
§ 100-57 SOUTHOLD CODE § 100-57
shall maintain such other records and documents as shall
be required to properly administer the provisions of this
Article.
B. Interagency cooperation.
(1) Whenever the Town Board approves the establishment of
an AHD District, a copy of such determination shall be '
filed with the Building Inspector and the Director,
together with a copy of any agreements and/or covenants
relating thereto. '
(2) Whenever the Planning Board approves a subdivision
plat and/or a site plan affecting land within an AHD
District, a copy thereof shall be filed with the Building '
Inspector and the Director, together with copies of any
(3) agreements and/or covenants relating thereto.
Whenever the Building Inspector shall issue a building
permit, a certificate of occupancy or any other permit or
authorization affecting dwelling units and/or unimproved
lots located in an AHD District and reserved for sale or ,
lease to moderate-income families, a copy thereof shall be
filed with the Director.
C. Procedure. '
(1) Whenever the Building Inspector receives an application
for a certificate of occupancy for a dwelling unit or
unimproved lot located in an AHD District and reserved
for sale or lease to moderate-income families, the
Building Inspector shall file a copy thereof with the
Director, who shall inform the owner and/or person filing '
such application of the maximum sales price or monthly
rent for such dwelling unit or lot as well as eligibility
requirements for families seeking to purchase or lease '
such dwelling units or lots.
(2) No certificate of occupancy may be issued by the
Building Inspector until the Director has supplied the '
Building Inspector with the information provided for in
the preceding subsection and the Building Inspector
determines that the issuance of the certificate of ,
lIN1f6 1 - 25 - 93
§ 100-57
II
u
1
1
ZONING § 100-57
occupancy will not permit a use, occupancy, sale or lease
of a dwelling unit or unimproved lot in violation of the
provisions of this Article.
(3) The Director shall certify the eligibility of all applicants
for lease or purchase of dwelling units and unimproved
lots reserved for moderate-income families. An owner of
dwelling units and unimproved lots in an AHD District
which are reserved for sale or lease to moderate-income
families shall not sell or ]ease the same to any person who
does not possess a cert~cate of eligibility issued by the
Director. A violation of the provisions of this subsection
shall constitute grounds for the revocation of a cert~cate
of occupancy.
(4) On or before March 31 of each year, the Director shall
notify the owner or manager of dwelling units and
unimproved lots reserved for moderate-income families of
the monthly rent, sales price and income eligibility
requirements for such units and lots based upon data
derived from the preceding year.
(5) The owner or manager of dwelling units and unimproved
lots reserved for moderate-income families shall certify in
writing to the Director, on or before May 31 of each year,
that the sale and/or lease of such dwelling units and lots
comply with the provisions of this Article and Chapter
100 of the Town Code.
(6) When a dwelling unit reserved for lease to moderate-
income families is to be rented, the lease for such unit
shall not exceed a term of two (2) years.
(7) An applicant for a certificate of eligibility aggrieved by
any determination of the Director shall have the right to
appeal such determination to the Town Board at its next
regularly scheduled work session or to any standing
committee of the Town Board designated by resolution to
hear such appeals. [Added 12-28-1990 by I,.L No. 31-
1990]
' 10067 I -'7S - 93
§ 100-57 SOUTHOLD CODE § 1000
(8) The only covenants and restrictions which may even be
placed upon any lot or dwelling unit in an AHD District
must be first approved by action of the Town Board.
[Added 12-22-1992 by LL No. 34-1992]
§ 100.58. Applicability of other Code provisions.
All of the provisions of the Code of the Town of Southold not
inconsistent or in conflict with the provisions of this Article shall be
applicable in the AHD District.
§ 100-59. Penalties for offenses. [Added 12-22-1992 by LL. No.
34-1992]
Any violation of any provision of this Article shall be punishable in
the following manner.
A. First offense: by a Sne of not less than one thousand dollars
($1,000.) nor more than five thousand dollars ($5,000.).
B. Second offense and for any offense thereafter: by a fine of not
less than five thousand dollars ($5,000.) and not more than ten
thousand dollars ($10,000.) for each offense.
ARTICLE VI
Resort Residential (RR.) District
[Added 1-10-89 by L.L. No. 1-1989%]
§ 100-60. Purpose.
The purpose of the Resort Residential (RR) District is to provide
opportunity for resort development in waterfront areas or other
appropriate areas where, because of the availability of water and/or
sewers, more intense development may occur consistent with the
density and character of surrounding lands.
12 EdiWr. Note: 7Lis Iocal Iaw also repealed former Arl YI, B light BuaiMea DiatriM, as
amendd.
10068 1-25-93
lJ
L~
1
1
~~
1
§ 100-61 ZONING § 100-61
§ 100-61. Use regulations.
In the R,R 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 use except the following:
' A. Permitted uses.
(1) Any permitted use set forth in and as regulated by
§ 100-31A of the Agricultural-Conservation District,
except that wineries are excluded. [Amended
11-29-1994 by L.L. No. 26-1994]
' (2) Bed-and-breakfast uses as set forth in and as
regulated by § 100-31B(14). [Added 2-7-1995 by
L.L. No. 3-1995]
' B. (Amended 7-5-1989 by L.L. No. 13-1989; 8-1-1989 by
L.L. No. 1b-1989; 12-27-1994 by L.L. No. 30.1994;
2-7-1995 by L.L. No. 3-1995] 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 and are subject to site
plan approval by the Planning Board:
(1) Any special exception use set forth in and as
regulated by § 100-31B(1), (6), (7) and (13) of the
Agricultural-Conservation District.
(2) Marinas for the docking, mooring or accommodation
of noncommercial boats.
(3) Yacht clubs.
(4) Transient hotels or motels, resort hotels or motels or
conference facilities, provided that the following
requirements are met:
(a) Minimum parcel size shall be five (5) acres.
(b) The maximum number of guest units shall be:
10069 s -as - ss
§ 100-61 SOUTHOLD CODE § 100-62
[1] One (1) unit per six thousand (6,000) ,
square feet of land without public water or
sewer. '
[2] One (1) unit per four thousand (4,000)
square feet of land with public water and
sewer.
(c) No music, entertainment or loudspeaker system '
shall be audible from beyond the property line.
(d) The maximum size of a guest unit shall be six '
hundred (600) square feet.
(5) Tourist camps as regulated by Chapter 88, Tourist
and Trailer Camps, of the Town Code. ,
(6) Freestanding restaurants.
C. [Amended 5-9-1989 by L.L. No. 61959[ 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) Any accessory use set forth in and as regulated by
§ 100-31C(1) through (7) of the Agricultural-
Conservation District. '
(2)1 Sanitary and laundry facilities.
(3) Accessory uses set forth in and as regulated by
§ 100-42C(2) of the Hamlet Density Residential
District.
§ 100-62. 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
1 &ditor's Note: Former Snbeectioa C(Y), which re ted
~e ~~ ~ re~~~ '
11-Y9-1894 LI.. No. Y6.1
by 984, which lord law also ren~bered former 9nbsections C(S)
and C(4) ae 3nbeections ti(Y) and C(S), respectively. For Current sign provieiona, eee Art
8$ Sigoc
10070 9 -Y6 -96
i~II
LJ
§ 100-62 ZONING § 100-71
erected or altered in the Residential RR 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?
ARTICLE VII
Residential Office (RO) District
' [Added 1-10-1989 by L.L. No. 1-1989']
§ 100-70. Purpose.
' The purpose of the Residential Office (RO) District is to
provide a transition area between business areas and low-
density residential development along major roads which will
' provide opportunity for limited nonresidential uses in
essentially residential areas.
1
§ 100-71. Use regulations.
In the Residential Office (RO) 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 uses except the
following:
A. Permitted uses.
(1) One-family detached dwellings, not to exceed one (1)
dwelling on each lot.
(2) Buildings, structures and uses owned or operated by
the Town of Southold, school districts, park districts
and fire districts.
$ Bdifm'e Note: The Bulk Schedule ie included et Lhe and o[ this chapter. and the
Parking end Loading Schedules are in 44 100181 and 100102.
8 Bditw'c Note: This local law also repealed former Art VII. B-1 General Bueineo
Diehicy ee amended.
10071 2-2s-~
1
§ 100-71 SOUTHOLD CODE § 100-71
(3) Buildings, structures and uses owned or operated by '
fraternal organizations and utilized for activities
typically conducted by a fraternal organization,
including but not limited to public meeting places,
charitable and fundraising events, patriotic
observances and catering for public and private
functions. [Added 11-28.1959 by L.L. No. 22.1989] ,
(4) Bed-and-breakfast uses as set forth in and as
regulated by § 100-318(14). [Added 2-7-1995 by
L.L. No. 3-1995] ,
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 and subject to site plan approval by the
Planning Board, provided that not more than one (1) use
shall be allowed for each forty thousand (40,000) square '
feet of lot area:
(1) Special exception uses as set forth in and regulated
by § 100-318(1) through (7) of the Agricultural- '
Conservation District.
(2) Professional offices and business offices.
(3) Funeral homes. ,
(4f' Libraries, museums or art galleries.
(5)5 Apartments may be permitted over business and '
professional offices as regulated by § 100-91B(4)(a)
through (f), inclusive. [Added 12-12-1989 by L.L.
No. 23-1959] '
C. [Amended 5-9-1989 by L.L. No. &1989] Accessory
uses. The following uses are pemlitted as accessary uses
4 Bditor'e Note: Former Subsection B(4), dealing with bed-and-breakfast uxe, was
repealed &7.1988 by i t. No. 31885. This local Lw oleo provided [or the renumberhig of
former Subsection B(5) and (e) as Subsection B(4) end (5), respectively.
8 Hditor'e Note. Former Subsection 8(W, regarding wineries, which was added 39-1888
by LY Na 131988 and ®medutely followed this eabaectioq was repealed 11.29.1984
by L.L. No. 28.1994.
1U072 9 -25 -85
n
LJ
~J
§ 100-71 ZONING § 100-80
and, except for residential accessory uses and signs,
which are governed by Article XX, aze subject to site
plan review:
(1) Accessory uses as set forth in and regulated by
§ 100-31C(1) through (7) of the Agricultural-
Conservation District and subject to the conditions
set forth in § 100-33 thereof.
(2)g Accessory uses set forth in and regulated by
§ 100-42C(2) of the Hamlet Density Residential
District.
§ 100-72. 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 Residential Office (RO)
District unless the same conforms to the Bulk Schedule and
Pazking and Loading Schedules incorporated into this chapter,
with the same force and effect as if such regulations were set
forth herein in f(111.~
ARTICLE VIII
Limited Business (LB) District
[Added 1-10-1989 by L.L. No. 1-1989s]
§ 100-50. Purpose.
The purpose of the Limited Business (LB) District is to
provide an opportunity to accommodate limited business
activity along highway corridors, but in areas outside the
hamlet central business azeas, that is consistent with the rural
eras mpeeled
ulated ®
oe
e
h re
hi
i
C(8)
'
e
,
g
, w
c
on
s Note: Former Subsect
Editor
11-88-1889 by LY No. SS1884, wbich local law abw renumbered former snbseetiou C(9)
as Subsection C(8). For current aiN prosvion4 see Art %& Signs.
~ Editoa'c Note: The Balk BchedWe is included at the end of this chapter, end the
Parking and Loading schedules are is 44 100-181 and 10x18&
8 Editole Note: This local law alw repealed former Art Vm, C Light Industrial
' District, as amended
10073 a-~-~
1
§ 100-80 SOUTHOLD CODE § 100-S1
and historic character of surrounding areas and uses. Emphasis ,
will be placed on review of design features so that existing and
future uses will not detract from surrounding uses. The
additional uses must generate low amounts of traffic and be '
designed to protect the residential and rural character of the
area.
1
§ 100-51. Use regulations.
In the LB District, no building 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. [Amended 11-29-1994 by L.L. No.
26-19941
(1) Any permitted use as set forth in and regulated by '
§ 100-31A of the Agricultural-Conservation District
except wineries, which shall be as set forth in
Subsection A(2)(i) below. ,
(2) The following uses are permitted uses subject to the
site plan approval by the Planning Board:
(a) Retail businesses complementary to the rural '
and historic character of the surrounding area,
limited to the following:
[1] Antique, art and craft shops and galleries. '
[2] Custom workshops and machine shops.
[3] Wholesale or retail sale and accessory '
storage and display of garden materials
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. '
[4] Libraries or museums.
10074 a - ss - ss
~J
II
u
§ 100-81
ZONING
§ 100-81
(b) Professional and business offices.
(c) Funeral homes.
(d) Restaurants, except drive-in restaurants.
(e) Personal service stores and shops, including
barbershops, beauty parlors, professional
studios and travel agencies.
(fl 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, landscaping and other service
businesses.
(g) Wholesale and warehousing.
(h) Retail uses supplemental to the service
business establishment.
(i) Wineries which meet the following standards:
[1] Wineries shall be a farm winery licensed
under New York State law from which wine
made from primarily Long Island grapes is
produced and sold.
[2] Wineries shall obtain site plan approval.
[S] Wineries shall have retail sales an site.
(S) Bed-and-breakfast uses as set forth in and as
regulated by § 100-31B(14). [Added 2-7-1995 by
L.L. No. 3-1995]
B. [Amended 8-1-1989 by L.L. No. 15-1959; 11-29-1994
by L.L. No. 26-1994; 2-7-1995 by L.L. No. 5-1995] 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 and are
subject to site plan approval by the Planning Board:
(1) Any special exception use as set forth in and
regulated by § 100-31B of the Agricultural-
10075 io-io-ss
LJ
§ 100-51 SOUTHOLD CODE § 100-83
Conservation District, except that wineries are not
required to be in connection with a vineyard, and
except bed-and-breakfasts. '
C. [Amended 5.9-1959 by L.L. No. 6-1959] 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) Any accessory use as set forth in and regulated by '
§ 100-31C(1) through (8) and (10) of the
Agricultural-Conservation District, and subject to
the conditions set forth in § 100-33 thereof. ,
[Amended 11-29.1994 by L.L. No. 26-1994]1
§ 100-52. 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? '
§ 100-83. FYront yard setbacks. [Added 8-22-1995 by L.L.
No. 15-1995]
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 parcels are developed, in which case the
1 8dit~or.1'e° Note: Former Sabseetioa ti(Yl, which immediately [onowed this aobaecHoa '
sad re`alated aitoa, wa6 repealed 11.591904 by I-L N0. Yb188L For emaent ~
peovrnone, see Aa'L $ 6rtaa.
S EditoPe Note: The Ba-c 8chedde is iaolnded at the earl of this chapter, and the
Parkin` and luadin9 Schednlee are iv 44100.191 and 100.10Y.
10076 10-10-06
' § 100-83 ZONING § 100-83
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)
linear feet of frontage on one (1) street. The setbacks of
multiple structures on a parcel may vary, provided that
the average setback of the structures meets the setback
required above and all buildings are at least seventy-five
(75) feet from the right-of-way.
(Cont'd on page 10077)
1
J
1
10076.1 io - io -ss
§ 100-90
ZONING § 100-91
ARTICLE IX
Hamlet Business (HB) District
[Added 1-10-1959 by L.L. No. 1-198911]
§ 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, for any uses except the following:
' A. [Amended 5-9-1989 by L.L. No. &1959; 5-16-1994 by
L.L. No. 9-1994; 2-7.1995 by L.L. No. 3-1995]
Permitted uses. The following are permitted uses and,
except for those uses permitted under Subsection A(1),
A(2) and A(19) 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.
11 FAitoe's Noce: This local Lw also repealed former Art 1$ C-1 General ind~hvl
' DistricS, ae amended.
10077 s-zs-ss
t
§ 100-91 50UTHOLD CODE § 100-91
il
6
R
t
t
ores.
(
)
e
a
s
(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 sale).
(9) Personal service stores and shops, including ' ',
barbershops, beauty parlors, professional studios li
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).
(17) Libraries or museums. '
(18) Laundromats.
(19) Bed-and-breakfast uses as set forth in and as '
regulated by § 100-31B(14).
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: '
(1) Any special exception use set forth in and as
regulated by § 100-31B(3) to (6) and (13) and (14) of
the Agricultural-Conservation District. '
(2) Multiple dwellings and townhouses.
10078 s- as -es
§ 100-91
1
1
1
iJ
ZONING
§ loo-sl
(3) Motel and hotel uses as set forth in and regulated by
§ 100-61B(4) of the Resort Residential (RR) District,
except that minimum lot size shall be three (3)
acres. [Amended 7-31-1990 by L.L. No. 16-1990]
(4) [Amended 12-12-1989 by L.L. No. 23-1989]
Apartments may be permitted over retail stores and
business, professional and governmental offices,
subject to the following requirements:
(a) The explicit written approval of the Town Fire
Prevention Inspector shall be obtained for the
design, location, access and other safety-related
elements of every such apartment. No
apartment shall be permitted over filling
stations, stores retailing flammable or fume-
producing goods, restaurants or other
businesses with kitchens or other facilities
producing intense heat or any other establish-
ment which the Fire Prevention Inspector
determines to pose a greater-than-average
built-in fire risk.
(b) The habitable floor area of each apartment
shall be at least four hundred fifty (450) square
feet, but in no case more than seven hundred
fifty (750) square feet. The apartment shall not
be located on the first floor of the building, and
the apartment shall contain all services for safe
and convenient habitation, meeting the New
York State Uniform Fire Prevention and
Building Code and the Sanitary Code.
(c) There shall be no more than three (3)
apartments created or maintained in any single
building.
(d) Eaeh apartment, or common hallway servicing
two (2) or three (3) apartments, shall have a
separate access to the outside of the building,
which must be distinct from the access to uses
on the first floor.
10079 s -zs -as
~J
§ 100-91 SOUTHOLD CODE § 100-91
(e) Each apartment shall have at least one (1) on- '
site off-street parking space meeting the
standards of this chapter, conveniently located
for access to the apartment. '
(fl Only the owner of the building in which it is
proposed to locate the apartment(s) may apply
for this special permit. The Board of Appeals '
shall require that such applicant execute such
agreements, contracts, easements, covenants,
deed restrictions or other legal instruments '
raring in favor of the town as, upon recom-
mendation of the Town Attorney, the Board
shall determine to be necessary to ensure that: ,
[1] The apartment, or any proprietary or other
interest therein, will not be sold to the
tenant or any other party, except as part of
a sale of the entire building in which the '
apartment is located.
[2] The apartment is made available for year- '
round rental.
[3] The apartment is properly constructed,
maintained and used, and unapproved uses '
are excluded therefirom.
[4] Any other condition deemed reasonable
and necessary to ensure the immediate and '
long-term success of the apartment in
helping to meet identified housing needs in
the community is complied with. '
(5) Boarding and/or tourist homes as set forth and
regulated by § 100-61B(5) of the Resort Residential
(RR) District. [Amended 2-7-1995 by L.L. No.
3-1995] ,
(6) Fraternal or social institutional offices or meeting
halls. '
(7) Drinking establishments.
10080 s-ss-s,.
1 § 100-91 ZONING § 100-91
(8) Public garages.
' (9) Funeral homes.
(10)1Flea mazkets. [Added 10-17-1995 by L.L. No.
21-1995]
(11) [Added 5-16-1994 by L.L. No. 9-1994] Takeout
and formula food restaurants, subject to the
following requirements:
t (a) Adequate parking shall be provided in
accordance with that required by Article X1X,
Pazking and Loading Areas, of this chapter. All
' parking spaces shall be located within
reasonable walldng 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
Boazd as part of its site plan review procedure
by conducting a pazking survey of the capacity
of the existing municipal parking area to
' accommodate the projected increase in usage
due to the introduction of the subject land use.
(b) An assessment of the potential traffic impacts
of the proposed use must accompany the long
environmental assessment form. The
appropriate mitigation measures must be
incorporated into the site plan.
(c) There shall be no counter serving outdoor traffic
via adrive-in, drive-through, drive-up, drive-by
or walkup window or door.
(d) Exterior signage shall conform in all respects to
Article XX, Signs, of this chapter and, further,
may not be lit from within.
1 BdltOr•6 Note: Former Subxctioa B(10), wineries. amended S•1-1989 by L.L. No.
16.1989, was repealed 31361994 by I.L. No. 26-199d.
10081 11- 25- 96
§ 100-91 SOUTHOLD CODE § 100-92
(e) Advertisements, including trademark logos,
may not be affixed, painted or glued onto the
windows of the business or onto any exterior
structures, including waste disposal receptacles
and flags.
(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 5-9-1989 by L.L. No. 6-1989] Accessory
uses. The following uses are permitted as accessory uses
and, except for residential accessory uses and signs,
which are subject to Article XX; are subject to site plan
review:
(1) Accessory uses as set forth in and regulated by
§ 100-31C(1) through (7) of the Agricultural-
Conservation District, and subject to the conditions
set forth in § 100-33 thereof.2
§ 100-92. Bulk, area and parking regulations.
No building or premises shall be used and no building or part
thereof shall be erected or altered in the HB District unless the
same conforms to the Bulk Schedule and Parking and Loading
Schedules incorporated into this chapter by reference, with the
same force and effect as if such regulations were set forth
herein in full.g
2 Editor's Note: Former Subsection C(2) and (S), which reguLted signs, wex xpealed
11-29-1994 by L.4 No. Eg•1994. For current sign provision; sce Art. %$ signs
$ Editor's Note: The Bulk 6chedWe is iaclnded at the cad of this chapter, and the
Perking and Loading Schedules are is 44 100.191 and 100.192.
10082 a-2s-es
1
§ 100-93 ZONING
' § 100-93. (Reserved)
§ loo-lol
' ARTICLE X
General Business (B) District
[Added 1-10-1989 by L.L. No. 1.19891]
§ 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 lazge numbers of
motorists, that need fairly lazge parcels of land and that may
involve chazacteristics 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. 61989] 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 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 Editor's p7~ pditor•a Note: This loml law also repealed former Art $ Toarlat
Camps Camp Cattagea and Trailers.
1
10083 v-~-~
§ loo-lol souTxoLn conE ~ loo-lol
(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.
(8) Wholesale or retail sale and accessory storage and
display of gazden 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) Wholesalelretail beverage distribution.
(8) F~meral homes.
(9) Train or bus stations.
(10) Telephone exchanges.
(11) (Added 11-2&1894 by L.L. No. 2&1994] 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 z-zs-es
' § 100-101 ZONING § 100-101
(c) It shall have retail sales on site.
' 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
(Cont'd on page 10085)
~J
1
1
1
loos4.1 S-~-ss
II
i
1
§ 100-101
ZONING
§ loo-lol
provided, subject to site plan approval by the Planning
Board:
(1) Any special exception use as set forth in and
regulated by § 100-31B(2) to (12), except wineries
are not required to be in connection with a vineyazd.
[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 **~~*+++*+um lot size shall be three (3)
acres. [Amended 8-13-1991 by L.L. No. 19-1991]
(3) Bed-and-breakfast enterprises or boazding and/or
tourist homes as set forth in and regulated by
§ 100-31B(14) of the Agricultural-Conservation
District, except that no site plan approval is
required.
(4) Tourist camps as regulated by Chapter 88, Tourist
and 'bailer 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) Ftiilly enclosed commercial recreation facilities,
including but not limited to tennis clubs, skating
rinks, paddle tennis, handball and squash facilities,
dance halls, billiard pazlors, bowling alleys, health
spas and clubs and uses normally accessory and
incidental to commercial recreation, such as locker
rooms, eating and drinlflng facilities and retail sale
of goods associated with the particulaz 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,
10085 i - zs - ss
§ 100-101 SOUTHOLD CODE § 100-101
located and operated to protect surface waters
and the groundwater reservoir from pollution.
(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 the **+~*++**+um 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 esat 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
1
10086 i-u-es
r
r
t
§ 100-101 ZONING § 100-101
sale of gasoline or oil, shall be conducted in a
building.
(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.
(fl No gasoline or fuel pumps or tanks shall be
located less than fifteen (15) feet from any
street or property line.
(g)7 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
absent fiom the control console for any reason
~ EditoNe Note: Former 9ubaeetion 8(lE)(g), dealing with reatrictione on outdoor area
lighting, was repealed 12.87.1884 by I..L No. 80.1886. Phis local law also provided for the
reanmberiug of [ormer 9nbeection B(IS)(h) ae B(18)(g).
10057 E-85-95
§ 100-101 SOU'PHOLD CODE § 100-101
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
form of an approved system of dry powder
release which will act as an automatic fire
extinguisher.
(fl 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]
(Cont'd on page 10089)
CJ
I,j
a
10088 z - zs -ss
§ 100.101 ZONING § 100-101
(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:
(a) There must be sufficient pazking as provided for
~, by the Article XIX, Parking and Loading Areas,
of this chapter, and such parking azea shall be
available within the shopping center site to
accommodate the use.
(b) The operation of the establishment shall not
create traffic problems.
(c) There shall be no counter serving outdoor traffic
via adrive-in, drive-through, drive-up, drive-by
or a walkup window or door.
(d) Exterior signage shall conform in all respects to
Article XX, Signs, of this chapter and, further,
may not be lit from within.
(e) Advertisements, including trademark logos,
may not be affixed, painted or glued onto the
windows of the business or onto any exterior
structure, including waste disposal receptacles
and flags.
(fl The signage must conform to the existing color
theme and signage style of the shopping center.
(g) The existing exterior azchitectural 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
1 center's main primary building complex and
may not be located within a single freestanding
structure within the shopping center site.
' (17) Flea mazkets. [Added 10-17-1995 by L.L. No.
21-1995]
10089 a -zs - 9s
§ 100-101 SOiTfHOLD CODE § 100-103
C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory
uses. The following uses.are permitted as accessory uses
and, except for residential accessory uses and signs,
which are governed by Article XX, are subject to site
plan review:
(1) Accessory uses set forth in and as regulated by
§ 100-31C(1) through (8) and (10) of the
Agricultural-Conservation District, subject to the
conditions set forth in § 100-33 thereof. [Amended
11-29-1994 by L.L. No. 26-1994]
(2N Open storage of materials or equipment, provided
that such storage shall be at least twenty-five (25)
feet from any lot line, not be more than six (6) feet
high and be suitably screened by a solid fence or
other suitable means of at least six (6) feet in height.
§ 100.102. Bulk, area and parking requirements.
No building or premises shall be used and no building or part
thereof shall be erected or altered in the B District unless the
same conforms to the Bulk Schedule and Parking and Loading
Schedules incorporated into this chapter by reference, with the
same force and effect as if such regulations were set forth
herein in fu11.5
§ 100-103. wont 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 rightof--way.
4 Editors No[e: Former Subsections C(Y) sad (S), which regdated sign; were repealed
11-29-1994 by L.L. No. 25-1994, which local law also reanmbered former Subsection C(4)
as Subsection C(2). For current sign provision; see Art. x%, Signs.
5 Editor's Note: The Balk Schedule is 3aclnded at the end of this chapter, and the
Parking and Loading Schedules ate in 44 100.181 and 100.192.
10090 11- 25 - 95
~J
r
1
§ 100-103 ZONING § 100-110
B. There shall be an exception to Subsection A if the
adjacent parcels are developed, in which case the
m;n;mum 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)
linear feet of frontage on one (1) street. The setbacks of
multiple structures on a parcel may vary, provided that
the average setback of the structures meets the setback
required above and all buildings are at least seventy-five
(75) feet from the right-of--way.
ARTICLE XI
I Marine I (Mn District
[Added 1-10-1989 b
LL
No
1-19896]
y
.
.
§ 100-110. Purpose.
T'he purpose of the Marine I (MI) District is to provide a
waterfront location for a limited range ofwater-dependent and
(Cont'd on page 10091)
~~~
1
6 Fdito~'s Note: This local law also repealed former Art. xl. Gevenl Regulatiovs, as
amended.
t 10090.1 a -ss- ss
i1
LJ
§ 100-110 ZONING § 100-111
water-related uses, which are those uses which require or
benefit from duect access to or location in marine or tidal
waters but which aze located within the town's tidal creeks or
natural coves.
§ 100-111. Use regulations.
In an MI 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 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,
aze subject to site plan approval by the Planning Boazd:
(1) One (1) one-family detached dwelling per single and
separate lot of record in e~stence as of the date of
adoption of this Article.
(2) Marinas for the docking, mooring and
accommodation of recreational or commercial boats,
including the sale of fuel and oil primarily for the
use of boats accommodated in such marinas.
(3) Boat docks, slips, piers or wharves for pleasure or
fishing trips or for vessels engaged in fishery or
shellfishery.
(4) Boatyards for building, storing, repairing, renting,
selling or servicing boats, which may include the
r following as an accessory use: ogice for the sale of
marine equipment or products, dockside facilities for
I dispensing of fuel and, where pnmpout stations are
provided, rest room and laundry facilities to serve
overnight patrons.
(5) Boat and marine engine repair and sales and
' display, yacht brokers and marine insurance
brokers.
10091 i -zs- ss
§ 100.111 SOUTHOLD CODE § 100-112 ,
(6) Buildings, structures and uses owned or operated by
the Town of Southold, school districts, park districts
and fire districts.
(7) Retail sale or rental of fishing, diving or bathing
supplies and equipment if accessory to a marina or
boatyard or ship's loft or chandlery. ,
B. Uses permitted by special exception by the Boazd of
Appeals. The following uses aze permitted as a special
exception by the Board of Appeals, as hereinafter
provided, subject to site plan approval by the Planning
Board:
(1) Beach clubs, yacht clubs or boat clubs, including
uses accessory to them, such as swimming pools,
tennis courts and racquetball facilities.
(2) Mariculture or aquaculture operations or reseazch
and development.
C. [Amended 5-9-1989 by L.L. No. 6-19897 Accessory
uses. The following uses are 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 as set forth in and regulated by
§ 100-31C(1) through (7) of the Agricultural-
Conservation District, and subject to the conditions
of § 100-33 thereof.3S
§ 100.112. Bulk, area and parking regulations.
No building shall be used and no building or part thereof
shall be erected or altered in the MI District unless the same '
conforms to the Bulk Schedule and Pazking and Loading
Schedules incorporated into this chapter by reference, with the
32 EditaYs Note: Former Subseetiov C(2), which re fated si
gu gns end immediately
foaowed this subsection, was repealed Il•E9-1990 by L7.. No. 251994. For currevt sign
provisions, see Art. X8, Signs.
10092 1- zs _ 9s
§ 100-112 ZOAIING § 100-121
same force and effect if such regulations were set forth herein in
full sa
ARTICLE XII's
Marine II (VIII) District
[Added 1.10-1989 by LL. No. 1-19897
§ 100-120. Purpose.
The purpose of the Marine II (MII) District is to provide a
waterfront location for a wide range of water-dependent and
water-related uses, which are those uses which require or
benefit from direct access to or location in marine or tidal
waters and which, in general, aze located on major waterways,
open bayfionts or the Long Island Sound.
§ 100-121. Use regulations.
In the MII 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 uses except the following [one (1) use per eighty
thousand (80,000) squaze feet of land above mean high water,
unless otherwise specified]:
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 Boazd:
(1) One (1) one-family detached dwelling per single and
sepazate lot of record in e>astence as of the date of
adoption of this Article.
~ Editoa's Note: The BWic Schedule kc included at the end of this chapter, and the
Parking and Loading SchedWea are in 44 100191 and 100.192.
35 Edktor'c Note: Former Art s1L Board of Appeals, was renumbered as Art. 7CAVII
1.10-1989 by LY No. 1.1989.
' 10093 1-zs-9s
§ 100-121 SOUTHOLD CODE § 100-121
(2) Marinas for the docking, mooring and
accommodation of recreational or commercial boats,
including the sale of fuel and oil primarily for the
use of boats accommodated in such marina.
(8) Boat docks, slips, piers or wharves for charter boats
carrying passengers on excursions, pleasure or
fishing trips or for vessels engaged in fishery or
shellfishery.
(4) Beach clubs, yacht clubs or boat clubs, including
uses accessory to them, such as swimming pools,
tennis courts and racquetball facilities.
(5) Boatyards for building, storing, repairing, renting,
selling or servicing boats, which may include the
following as an accessory use: office for the sale of
marine equipment or products, dockside facilities for
dispensing of fuel and, where pumpout stations aze
provided, rest room and laundry facilities to serve
overnight patrons.
(6) Mariculture or aquaculture operations or reseazch
and development.
(7) Boat and marine engine repair and sales and
display, yacht brokers or marine insurance brokers.
(8) Buildings, structures and uses owned or operated by
the Town of Southold, school districts, park districts
and fire districts.
(9) Retail sale or rental of fishing, diving or bathing
supplies and equipment if accessory to a mazina or
boatyazd or ship's loft or chandlery.
B. Uses permitted by special exception by the Boazd 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: ,
(1) Restaurants, excluding outdoor counter service,
drive-ins or curb-service establishments. Such
10094 i-zs-ss
r
§ 100-121
1~~
LJ
LJ
u
u
ZONING
§ 100-121
prohibition shall not prevent service at tables on a
covered or uncovered terrace or porch incidental to a
restaurant.
(2) Ferry terminals.
(3) Transient hotels or motels, subject to the following
conditions:
(a) The minimum azea for such use shall be not
less than three (3) acres.
(b) The number of guest rooms permitted in the
hotel or motel shall be determined by the
proportion of the site utilized for such use and
the availability of public water and sewer. The
mazamum number of guest units shall be one
(1) unit per four thousand (4,000) square feet of
land with public water and sewer.
(4) Fish processing plants.
(5) Fish markets, which may include a combination of
wholesale and retail sale of finfish and shellfish.
(6) Museums with a nautical theme or art galleries.
C. [Amended 5-9-1989 by L.L. No. 6-1959] Accessory
uses. The following uses aze 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 as set forth in and regulated by
§ 100-31C(1) through (7) of the Agricultural-
Conservation District, and subject to the conditions
of § 100-33 thereof.S6
96 gdita~'s Note: Former Subsection C(2), wbich regulated signs and immediately
tollowed this subsection, was repeated 11-Y51994 by I..I.. No. 251994. For current sign
provisions, see Art. %$ Signs.
10095 1- Ys- 9s
§ 100-122 SOUTHOLD CODE § 100.131
§ 100.122. Bulk, area and parking regulations.
No building shall be used and no building or part thereof
shall be erected or altered in the MII District unless the same
conforms to the Bulk Schedule and Parking and Loading
Schedules inwrporated into this chapter by reference, with the
same force and effect if such regulations were set forth herein in
full sT
ARTICLE XIII
Light Industrial Park/Planned Office Park
(LIO) District
[Added 1-10-1989 by L.L. No. 1.198yss]
§ 100.130. Purpose.
The purpose of the Light Industrial Pazk/Planned Office Park ,
(LIO) District is to provide opportunity for the location of
business and professional offices, research facilities, industrial
uses and similar activities in an open, campus-like setting in
azeas which are not appropriate for commercial activity or low-
density residential development. In this azea, such uses can be
established in an attractive environment and serve both as a
means of preserving the open qualities of an area and providing
an area adjacent to hamlet areas where such uses can be
appropriately developed with suitable protection for ground-
and surface waters. All uses must conform to Suffolk County
Health Department standazds.
§ 100-131. Use regulations.
In the LIO District, no building or premises shall be used and
no building or part of a building shall be erected or altered
87 Editors Note: The Bulk Schedule is ivcluded at the evd of this chapter, evd Lhe
Parking and Loadivg Schedules are m ¢¢ 100.191 avd 100.192.
~ Editor's Note: This local law also repealed [ormer Art. %III, Site Play Approval, as
amended. For current provisions. see Art. %8V, Site Plan Approval.
1(•1096 1-25-95
LJ
§ 100-131 ZONING § 100-131
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 aze 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, vineyard and orchazd farming, the mainte-
nance of nurseries and the seasonal sale of products
1 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 aze 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,
L data processing, publication, financial and sales
offices.
10096.1 s-r-s7
r
§ 100-131 SOUTHOLD CODE § 100-131
(7) T
l
h
h
e
ep
one exc
anges.
(8) Wineries as regulated by § 100-lOlA(11).
(9) Tourist camp.
(10) Recreational facilities which meet the following
conditions:
(a) Minimum pazcel size shall be three acres.
(b) There shall be three acres for each use.
(11) St
d
d
l
ti
lf
an
az
regu
a
on go
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 discharge 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
discharged 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; 428-1997 by
L.L. No. 6.1997) Uses permitted by special exception of
the Board of Appeals. The following uses are permitted
1
10096.2 6 -1- 97
§ 100-131 ZONING § 100-131
as a special exception by the Board 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 moms aze 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, except that
wireless communication facilities must obtain
approval pursuant to Article XVI. [Amended
11-12-1997 by L.L. No. 26-1997]
(5) 1~uck or bus terminals (gazages, pazking facilities,
loading docks, etcJ.
(6) Food processing and packaging plants, not including
fish processing plants.
(7) Repair of boats and marine items.
(8) Basic Utility Stage II airport, subject to the
following conditions:
(a) Minimum pazcel size shall be 100 acres.
10096.3 z - io - ss
§ 100-131 SOIJTHOLD CODE § 100-131
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 separate business.
(2r° 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 structures on the
premises.
(8) Maintenance and utility shops incidental to the
principal use.
(9) Off-street pazking and loading. Said azeas shall not
be nearer than 50 feet to any lot line or street and, if
3 Editor's Note: Former Subuction ClS:) and (3), which regulated Cigna, were repealed
11.29.1994 by L.!_ No. gS1994, which local law also renumbered former Subsection C(4)
through (lll as Subsection C(g) through (8), respectively. For current provivons
regarding sign; see Art. %$ Signs
10096.4 s _ to - n
§ 100-131
l~
ZONING
§ 100-133
generally adjacent to any street or any residence
district, shall be suitably screened by a landscaped
strip of at least 10 feet in width.
§ 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 full.*
§ 100.133. Front yard setbacks. [Added 8-22-1995 by L.L.
No. 1&1995]
A. Structures shall be set back at least 100 feet from the
right-of--way.
B. There shall be an exception to Subsection A if the
adjacent parcels 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 60 linear
feet of frontage on one street. The setbacks of multiple
structures on a parcel may vary, provided that the
average setback of the structures meets the setback
required above and all buildings are at least 75 feet from
the right-of--way.
4 Editor's Note: The Bulk Sehednle is included at the cod of this chapter, end the
Parking and loading 3ehedalea ere in 34 100.191 and 100-19Y.
10096.5 z - to - 9s
i
§ 100-140 SOUTHOLD CODE § 100-141
ARTICLE XIVS
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
Pazk/Planned Office Pazk 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 aze 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 gazden
crops, vineyazd and orchazd 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.
5 Editor's Note: Former ArL BI V, AdmioisLration and EnforamenS, vas xnumbered ,
os Art.88VIII 1-10.1989 by 1..4 No.1.1989.
10096.6 2 -10 - 98
r
~1
r
i
r
§ 100-141
ZONING
§ 100-141
(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 contractor's
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.
(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 Boazd of Appeals as hereinafter provided and
subject to site plan approval by the Planning Board:
10096,'7 6 - i - s;
§ 100-141 SOUTHOLD 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 discharge 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 are 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 6-1-97
§ 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 aze 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 separate business.
(2)5 Accessory uses as set forth in and as regulated by
' § 100-131C(5) through (8) of the Light Industrial
Pazk/Planned Office Pazk District.
ti
ki
l
a
ons.
ng regu
§ 100-142. Bulk, area and par
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
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 fulls
r
5 Editor's Note: Former Subsection C(2) and (2), which regulated signs, were repealed
11-29-1994 by L.L. No. 25.1994, which local law also reaambered former Subsection C(4)
' as G2). For current sign provisions, see Art.BX, Sigvs
s Editors Note: The Bulk Schedule is included ai the end of this chapter, and the
Pazking and Loading Schedules are in §4 100.191 and 100-192.
10096.9 s-1-9~
§ 100-143 SOUTHOLD CODE § 100-150
§ 100-143. Front yazd 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 parcel may vary, provided that
the average setback of the structures meets the setback
required above and all buildings are at least seventy-Sve
(75) feet from the right-of--way. ,
ARTICLE XV'
Density, Minimum Lot Size and Bulk Schedules
[Added 1-10-1989 by L.L. No. 1-1989]
§ 100-150. Repeal of existing schedule; incorporation of '
new schedules.
The existing Bulk and Pazking 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 thereofs
7 Bdltor's Note: Former Art 8V, Amendment, was renumbered as Art %]7x 1-10.1989 ,
by LL. No. 1-1989.
8 Fdito~s Note: The Density, Dfinimum Lot Size and BWk SchedWes are included at
the end of this chapter.
10096.10 6-I-97
I~
§ 100-151 ZONING § 100-161
' § 100-151
C
f
i
d
.
on
ormance requ
re
.
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 tc the Density and Minimum Lot Size
Schedules and the Bulk Schedules hereinafter set forth.6
ARTICLE XVI
Wireless Communication Facilities
[Added 11-12-1997 by L.L. No. 26-1997]
I § 100.160. Purpose.
It is the express purpose of this article to minimize the visual
and environmental impacts of wireless communication Facilities
' while protecting the health, safety and welfaze of Southold's
citizens and allowing wireless service providers to meet their
technological and service objectives. This article allows wireless
communication facilities, and particularly telecommunication
' towers, to be reviewed and approved in keeping with the town's
existing zoning and historic development patterns, including
the size and spacing of structures and open spaces.
Furthermore, the standazds herein reflect two preferences: that
wireless communication facilities aze preferred in industrial
azeas and that wireless communication facilities be located on
I existing buildings and towers rather than on newly constructed
towers. Any wireless communication facility must take into
account the aesthetic aspects of the town, including open vistas,
scenic byways and historic districts.
' § 100-161. Scope.
The regulations of this article shall govern and control the
erection, enlazgement, expansion, alteration, operation, mainte-
nance, relocation and removal of all wireless communication
6 Editor's Note: The Deadty, Minimum Lot Site and Balk Schedules are indaded at
the cad otthis chapter.
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§ 100-161 SOUTHOLD CODE § 100-162
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facilities. The regulations of this article relate to the location
and design of these facilities and shall be in addition to the
provisions of the Southold Building and Zoning Codes and any
other federal, state or local laws or Federal Communication
Commission (FCC) regulations pertaining to such facilities.
§ 100.162. Location of use.
No wireless communication facility shall be used, erected or
altered in the Town of Southold except as follows:
A. In Residential and Marine Districts including AC, R80,
R40, R120, R200, R400, AHD, HD, RR, RO, MI and MII,
a wireless communication facility is subject to site plan
approval and must meet the following requirements.
(1) Wireless communication facilities on buildings shall
require a special exception approval pursuant to this
article. Wireless communication facilities on
buildings shall be no higher than 10 feet above the
average height of buildings (excluding signs, fences '
and walls) within 300 feet of the proposed facility.
The building on which the wireless communication
facility is located must be located at least 100 feet
from the neazest property line and 300 feet from any
landmark property or district listed by federal, state
or town agencies.
(2) Wireless communication facilities on existing
telecommunications towers shall require a special
exception approval pursuant to this chapter unless
otherwise allowed by the terms of a prior special
exception approval.
(3) Wireless communication facilities on
telecommunication towers shall require special ,
exception approval pursuant to this article and shall
not project higher than 10 feet above the average
height of buildings (excluding signs, fences and '
walls) within 300 feet of the facility or, if there aze
no buildings within 300 feet, these Facilities shall
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ZONING § 100-162
not project higher than 10 feet above the average
tree canopy height in that radius measured from
ground level. If there aze no buildings within 300
feet of the proposed facility site, all
telecommunication towers shall be surrounded by
dense tree growth to screen views of the facility in
all directions. The base of the tower shall be located
at least 100 feet from the neazest property line and
300 feet from a landmark property or district listed
by federal, state or town agencies.
(4) A wireless communication facility is a permitted
use, not requiring site plan approval, if located on
property owned, leased or otherwise controlled by
state, federal or town government, provided that a
license or lease authorizing such facility has been
approved by that government. The height of such
facility may be established by the public agency.
(5) A wireless communication facility is a permitted
use, not requiring site plan approval, if located on
property owned, leased or otherwise controlled by a
special district, provided that a license or lease
authorizing such facility has been approved by the
commissioners of the special district, and provided
that it does not exceed the maximum heights
specified above.
B. In Commercial Districts including LB, HB and B a
wireless communication facility is subject to site plan
approval and must meet the following requirements:
(1) Wireless communication facilities on buildings aze a
permitted use. Wireless communication facilities on
buildings shall be no higher than 20 feet above the
average height of buildings (excluding signs, fences
and walls) within 300 feet of the proposed facility.
Wireless communication facilities on buildings must
be located at least 300 feet from any landmazk
property or district listed by federal, state or town
agencies.
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§ 100-162 SOiJTHOLD CODE § 100-162
(2) Wireless communication facilities on existing
telecommunication towers are a permitted use
unless otherwise restricted pursuant to the terms of
a prior special exception approval. ,
(3) Wireless communication facilities on
telecommunications towers are a permitted use, but
shall not project higher than 20 feet above the
average height of buildings (excluding signs, fences
and walls) within 300 feet of the facility, or, if there
aze no buildings within 300 feet, these facilities
shall not project higher than 20 feet above the
average tree canopy height in that radius measured
from ground level. If there aze no buildings within
300 feet of the proposed facility site, all
telecommunication towers shall be surrounded by
dense tree growth to screen views of the facility in
all directions. These trees may be existing on the ,
subject property or planted on site. The base of the
tower shall be located at least 100 feet from the
neazest dwelling unit and 300 feet from any '
landmazk property or district listed by federal, state
or town agencies.
(4) A wireless communication facility is a permitted
use, not requiring site plan approval, if located on
property owned, leased or otherwise controlled by
state, federal or town government, provided that a
license or lease authorizing such facility has been
approved by that government.
C. In Industrial Districts including LI and LIO, a wireless ,
communication facility is subject to site plan approval
and must meet the following requirements:
(1) Wireless communication facilities on buildings area
permitted use, provided that the height of the
wireless communication facility does not extend
more than 100 feet above the existing grade and the ,
wireless communication facility is located at least
100 feet from the neazest property line and 300 feet
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§ 100-162 ZONING § 100-163
from any landmazk property or district listed by
federal, state or town agencies.
(2) Wireless communication facilities on existing
telecommunication towers aze permitted unless
otherwise restricted pursuant to the terms of a prior
' special exception approval.
(3) Wireless communication facilities on
telecommunication towers aze a permitted use,
provided that the height of the tower above grade
does not exceed 100 feet above the existing grade
and provided that the base of the tower is located at
least 100 feet from the neazest dwelling unit and
300 feet from any landmark property or district
listed by federal, state or town agencies.
' (4) A wireless communication facility is a permitted
use, not requiring site plan approval, if located on
property owned, leased or otherwise controlled by
state, federal or town government, provided that a
license or lease authorizing such facility has been
approved by that government.
§ 100-163. Special exception approval.
A. Authority. The Zoning Boazd of Appeals shall be
' empowered to issue a special exception approval for
wireless communication facilities, subject to the
provisions of this chapter.
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B. Standards. In addition to the standazds in Article XXVI
of this Code, no special exception approval shall be
granted unless the Zoning Board of Appeals specifically
finds and determines the following:
(1) The applicant is a public utility.
(2) Construction of the proposed facility or modification
of the existing facility is a public necessity, in that it
is required to meet current or expected demands of
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§ 100-163 SOLTfHOLD CODE § 100-163
the telecommunications provider and to render
adequate service to the public.
(3) The applicant has made substantial effort to locate '
or collocate on existing towers or, failing that, that
the applicant has made substantial effort to locate
on federal, state or town land and facilities. '
(4) The facility conforms with applicable FCC
regulations.
(5) There are compelling reasons, economic or '
otherwise, which make it more feasible to construct
the proposed facilities than alternatives.
C. Matters to be considered. In addition to the matters to be i
considered in Article XXVI of this Code, the Zoning
Boazd of Appeals shall give consideration to the
following in issuing a special approval for wireless ,
communication facilities:
(1) The height of the proposed tower shall be the
minimum necessary to render adequate service. ,
(2) The wireless communication facility has been
situated to minimize its proximity and visibility to
residential structures, residential district ,
boundaries and landmarks designated by town,
federal or state agencies.
(3) The wireless communication facility is designed and '
situated to be compatible with the nature of uses on
adjacent and neazby property.
(4) The wireless communication facility has been ,
designed to use the surrounding topography to
minimize its visual impacts.
(5) The wireless communication facility has been ,
designed to use the surrounding tree, building or
foliage coverage to minimize its visual impacts. ,
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§ 100-163
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§ 100-163
(6) The wireless communication facility maximizes
design chazacteristics to reduce or eliminate visual
impacts or obtrusiveness.
(7) Other adequate conditions have been placed on the
wireless communication facility which will minimize
any adverse impacts of the facility on adjoining
properties.
D. Application requirements. In order to make the above-
described determination, the Zoning Board shall require
the following in addition to the requirements of Article
XXVI:
(1) Each application shall include a survey clearly
indicating:
(a) The location, type and height of the wireless
communication facility.
(b) Whether it is located on an existing structure,
collocated or on a telecommunication tower.
(c) On-site land uses and zoning.
(d) Adjacent land uses, structures and zoning
within 300 feet.
(e) Distances between all structures.
(fl Location of landmazk listed by federal, state or
town agencies within 300 feet.
(g) Adjacent roadways and/or private rights-of--way.
(h) Proposed means of access.
(i) Setbacks from property lines.
(j) Elevation drawings of the structures.
(k) Along environmental assessment form with
visual addendum.
(1) Other information deemed by the Zoning Boazd
to be necessary to assess compliance with this
law.
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§ 100-163 SOLTTHOLD CODE § 100-163
(2) Each application shall include a written site location ,
alternative analysis describing the location of other
sites considered, the availability of those sites, the
extent to which other sites do or do not meet the
provider's service or engineering needs and the
reason why the subject site was chosen.
(3) The applicant shall document to the satisfaction of
the Zoning Boazd of Appeals that agood-faith effort
has been made to locate or collocate on e~sting
towers or other available and appropriate buildings '
and stmctures, that it is not feasible to collocate on
an existing facility and that the proposed location is
necessary to provide adequate service to the public.
The documentation shall include a notarized
statement by the applicant as to whether
constmction of the wireless communication facility
will accommodate collocation of additional antennas ,
for future users.
(4) Each application shall include a plan which shall
reference all existing wireless communication
facility locations in the Town of Southold, any such
facilities in the abutting towns which provide
service to azeas within the Town of Southold, any ,
changes proposed within the following twelve-month
period, including the applicant's plans for new
locations and the discontinuance or relocation of
existing wireless facilities. Alternatively, at the ,
beginning of the yeaz the applicant may submit an
annual wireless communication facility plan
containing the aforementioned information for the ,
calendaz year.
(5) A landscape plan showing specific landscape ,
materials, fencing and maintenance arrangements.
(6) The Zoning Boazd of Appeals may retain technical
consultants as it deems necessary to provide
assistance in the review of the needs and site
location alternatives analyses and other matters
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§ 100-163
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ZONING § 100-163
that the Boazd deems necessary. The applicant shall
bear the reasonable cost associated with such
consultation, which cost shall be assessed as an
additional application fee. In no case shall the fee be
more than 5% of the total project cost as determined
for building permit fee assessment purposes.
(7) A copy of the deed or lease agreement establishing
applicant's right to use the parcel on which the
wireless communication facility is to be located.
(8) An engineering analysis of the radio emissions and a
propagation map for the proposed wireless
communication facility. The analysis shall be
prepared and signed by a New York State licensed
professional engineer specializing in electrical
engineering with expertise in radio communication
facilities. The results from the analysis must cleazly
show that the power density levels of the
electromagnetic energy generated from the proposed
facility aze within the allowable limits established
by the FCC which are in effect at the time of the
application. If the wireless communication facility
would be collocated with an existing facility, the
cumulative effects of them must also be analyzed.
The power density analysis shall be based on the
assumption that all antennas mounted on the
proposed facility are simultaneously transmitting
radio energy at a power level equal to the maximum
antenna power rating specified by the manufacturer.
(9) A search ring prepazed, signed and sealed by a
qualified radio frequency engineer registered in New
York and overlaid on an appropriate background
map demonstrating the azea within which the
wireless communication facility needs to be located
in order to provide proper signal strength and
coverage to the tazget cell. The applicant must be
prepazed to explain to the Zoning Board why it
selected the proposed site, discuss the availability or
lack thereof of a suitable structure within the seazch
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§ 100-163 SOiJTHOLD CODE § 100-163
ring for collocation, and the extent to which the
applicant has explored locating the proposed tower
in a more intensive use district. Correspondence
with other telecommunication providers concerning
collocation is part of this requirement.
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E. Conditions. The Zoning Board shall consider the
following in establishing conditions on the issuance of
the special exception approval:
(1) In reviewing special exception approval applications '
required by this section the Zoning Boazd of Appeals
shall consider the town's policy as stated in this
article. When considering appropriate height in '
conjunction with such applications, the Zoning
Boazd of Appeals shall be more permissive when a
facility is proposed for collocation by more than one
service provider and less permissive when the
facility is proposed for use by a single provider.
(2) In approving a special exception the Zoning Boazd
may waive or reduce the criteria in this article, to
the extent specified below, if the Zoning Board
concludes that the goals and stated purposes of this
law aze better served, and that doing so will have no ,
detrimental effect on adjacent properties or on the
public health, safety and welfare, and thereby:
(a) Increase the height of the proposed tower up to
15 feet over the height allowed by this Code, '
with a maximum total height of no more than
60 feet.
b '
(
) Minimize proximity of the tower to residential
structures or historic landmazks listed by
federal, state or town agencies. ,
(c) Modify the planting of surrounding tree
coverage and foliage to account for existing
vegetation and land contours. ,
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§ 100-163
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(d) Modify the design of the tower, with particulaz
reference to design chazacteristics that reduce
or eliminate visual obtrusiveness.
(3) At the request of the Building Inspectors, which
shall be no more frequently than annually, the
provider shall have each wireless communication
facility inspected at its own expense, and a copy of
the inspection report shall be promptly transmitted
to the Building Inspector. Radio emission
inspections shall be performed by a New York State
licensed professional engineer specializing in
electrical engineering with expertise in radio
communication facilities. The radio emission
inspection shall describe the power density levels of
the electromagnetic energy generated from the
facility, including the cumulative effects of
collocated antennas. In the event that the radio
emission inspection indicates that the
electromagnetic energy generated from the facility is
above the allowable limits stated within the
applicable FCC or ANSI standazds or other
applicable state or federal guidelines in effect, the
applicant shall cease all use of the facility until such
time as it proves to the satisfaction of the Building
Inspector that the power density levels of the
electromagnetic energy to be generated are below
the applicable standazds.
(4) Any special exception approval granted under this
article shall have a term of five years, commencing
from the grant of the special exception, which may
be extended for an additional five-yeaz term upon
application to the Zoning Boazd. On a renewal
application, the applicant shall demonstrate that
the wireless communication facility is in compliance
with all applicable laws, rules and regulations and
with all of the conditions of the special exception
approval and site plan, that the facility is necessary
to provide adequate service, and that there is no
10096.21 s - io - ss
§ 100-163 SOiJTHOLD CODE § 100-165
reasonable alternative available to the owner which '
will provide adequate service without the continuing
use of the facility. Subsequent special exception
renewals shall be subject to review by the Zoning '
Boazd and subject to such standazds that shall be
included in the Town Code at that point in time.
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§ 100-164. Historic buildings and districts.
No wireless communication facility is allowed on any '
designated landmark property or district listed by federal, state
or town agencies, except as specified below:
A. Any wireless communication facility located on or within
an historic structure listed by federal, state or town
agencies shall not alter the character-defining features,
distinctive construction methods or original materials of '
the building.
B. Any alteration made to an historic structure to
accommodate a wireless communication facility shall be '
fully reversible.
C. Wireless communication facilities within an historic
district listed by federal, state or town agencies shall be '
concealed within or behind existing architectural
features, so that they aze not visible.
§ 100-165. Design standards.
The following design standards shall apply to wireless '
communication facilities installed or constructed pursuant to
the terms of this chapter:
A Camouflage on buildings. When a wireless ,
communication facility extends above the roof height of a
building on which it is mounted; every effort shall be
made to conceal the facility within or behind existing
architectural features to limit its visibility from public ,
ways and residential uses but still permit the facility to
10096.22 z - io - sa
§ 100-165
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perform its designated function. Facilities mounted on a
roof shall be stepped back from the front facade in order
to limit their impact on the building's silhouette. The
wireless communication facilities shall blend in with the
existing building's azchitecture and, if over five square
feet, shall be painted or shielded with material which is
consistent with the design features and materials of the
building.
ZONING
§ 100-165
B. The minimum lot size for the siting of a
telecommunication tower shall be in accordance with the
following. No tower can be built on a lot which is
nonconforming in size to the requirements set forth
below:
Minimum Lot Area is
Commercial Districts
Per Bulk Schedule?
per zone
Minimum Lot Area
is Residential and
Marine Districts
5 acres
Minimum Lot Area in
Industrial Districts
Per Bulk Schedules
per zone
C. Setbacks. Towers and equipment facilities shall adhere
to the setbacks for principal uses in the Bulk Schedule
applicable to the zone in which the structure(s) aze
located.
D. Fencing. The base azea of a telecommunication tower
and equipment facility shall be enclosed with a black
vinyl chain-link fence not less than sin feet in height.
E. Signs. Signs shall not be permitted on towers except for
signs displaying contact information and safety
instructions. Such signs shall not exceed five squaze feet
in surface area.
F. Equipment facility. Equipment accessory to the wireless
' communication facility may be located within an existing
building. In newly constructed buildings and structures
an equipment facility is limited to 500 squaze feet in
' T Editoa's Note: The Bulk 6chedule is included at the end of this chapter.
ti Editor's Note: The BuLL schedule is included at the end of this chapter.
10096.23 z-io-9s
§ 100-165 SOUTHOLD CODE § 100-165
floor azea. If the newly constructed equipment facility is '
designed for collocation, the facility may be up to 1,000
squaze feet. The equipment facility shall be constructed '
with a finish similaz to that of adjacent structures on the
property and integrated into the architectural style. Any
newly constructed equipment facility shall be located in '
accordance with the minimum height and yazd
requirements of the zoning district applicable to the site,
and no more than two adjacent off-street pazking spaces
shall be provided for service vehicles. Any regrading for ,
stormwater retention that is required by the Town
Engineer shall be accommodated on site.
G. Site lighting. As independent freestanding facilities on
sepazate sites will not be accessible to the public, the
lighting permitted shall be the minimum required to
protect the public welfare. Facilities sited on existing ,
developed sites shall be incorporated into the lighting
and landscaping plans of those sites.
H. Access. Access to tower or monopole areas shall be from '
established site access points whenever possible.
I. Dish antennas. Dish antennas shall be colored,
camouflaged or screened to the extent that they aze as ,
unobtrusive as possible, and in no case shall the
diameter of a dish antenna exceed six feet.
J. Electric line setback. No wireless communication facility
shall be located neazer to any overhead electric
transmission line carrying more than 220 volts than a
distance equal to the facility's height above the roof or
other permanent structure to which it is attached.
K. Collocation. Wireless communication facilities shall be
designed to provide for collocation by multiple providers ,
or designed so that they can be retrofitted to
accommodate multiple providers.
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§ 100-166 ZONING § 100-166
§ 100.166. Appearance.
A. Scenic landscapes and vistas. All telecommunication
towers which aze not camouflaged by existing buildings
or structures shall be surrounded by a buffer of dense
tree growth. A wireless communication facility that is
located within 300 feet of a scenic vista, scenic landscape
or scenic road, as designated by the town, shall not
exceed the height of vegetation at the proposed location.
If the facility is located farther than 300 feet from the
scenic vista, scenic landscape or scenic road, the height
regulations described elsewhere in this article shall
apply.
B. Base landscaping. A screen of evergreen trees shall be
planted outside the fence of the telecommunication tower
base area to provide a visual screen or buffer for
adjoining private properties and the public right-of--way.
Required front yazd setback areas shall be landscaped.
C. Color. Towers shall either be blue/gray in color, have a
galvanized finish, or be colored appropriate to the tower's
locational context to the extent that the tower is as
unobtrusive as possible, unless otherwise required by the
Federal Aviation Administration (FAA). If a wu•eless
communication facility is installed on a structure other
than a tower, the antenna and supporting electrical and
mechanical equipment must be of a neutral color that is
identical to or closely compatible with the colors of the
supporting structure so as to make the antenna and
related equipment as visually unobtrusive as possible.
D. Camouflage by vegetation for residential screening.
Where the site proposed for a freestanding tower
structure is located within a residential zone or has one
or more property lines abutting or on the opposite side of
a street from a residential zone or use permitted in a
residential zone, lazge trees and/or existing and proposed
buildings on the site shall be used to provide an angle of
occlusion from the property line to the top of the
structure of 50° or less (50° from the horizon line is the
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§ 100-166 SOLPfHOLD CODE § 100-166
upper limit of the normal vertical cone of vision). To
achieve the occlusion, a row of mixed deciduous and
evergreen trees shall be preserved and/or planted at 50%
of the distance between the tower and the property line,
and a second row at 90% of the distance between the
tower and property line (see illustrations below).
Transplanted trees shall have a minimum caliper of
three inches, be spaced on thirty-foot centers and have a
typical height at maturity of at least 50 feet. Athree-
yeaz bond or other assurances shall be required to
ensure that the plantings survive and aze maintained.
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E. Alternate screening. The location of a cellular wireless
communication facility on an existing water tower, silo
or equivalent vertical structure, including an existing
cellulaz, radio or television tower, is permitted without
the need to meet the conditions in Subsections A, B, C
and D above, provided that the height of the existing
structure is not increased as a result of the attachment
of the cellulaz structure. A decorative disguising
structure such as a clock tower may also be approved as
an alternative to the conditions in Subsections A, B, C
and D at the discretion of the Zoning Board. If the height
of the existing structure is to be increased by the
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§ 100-166 ZONING § 100-167
' attachment of the new structure, all of the conditions
herein shall apply as to a new freestanding structure.
' F. Commercial and industrial siting. Towers to be sited on
developed commercial or industrial properties shall be
located to the reaz of other principal buildings and shall
not encroach on planting buffers, pazking areas or
otherwise impair the operation of previously approved
systems such as stormwater drainage basins. Existing
' buildings and structures should be used in the siting of
freestanding towers to contribute to the visual screening
of the tower.
G. Commercial districts. Towers to be sited on undeveloped
properties in the commercial districts shall apply the
standazds of the condition in § 100-165C herein to all
' property lines, including the streetline, except that a
driveway shall be permitted to gain access to the facility
for maintenance personnel and equipment.
' H. Airport regulations. All towers shall comply with
applicable airport hazard regulations and shall be
subject to approval from the Federal Aviation Adminis-
tration for location, height and lighting to prevent
' interference with the operation of an airport or otherwise
threaten the public safety.
' § 100.167. Removal.
A. Any wireless communication facility that is not operated
for a continuous period of 12 months shall be deemed
abandoned. At that time the owner of the wireless
communication facility shall remove same within 90
days of such deemed abandonment. In the case of a
wireless communication facility on preexisting
structures, this provision shall apply to the wireless
communication facility only. If the wireless
' communication facility is not removed within the said 90
days, the Building Inspectors may, with the approval of
the Town Boazd, give the owner notice that unless the
' 10096.27 z-io-se
§ 100-167 SOUTHOLD CODE § 100-150
removal is accomplished in 30 days, the town will cause
the removal at the owner's expense. The grant of a
special exception approval under this article shall
include irrevocable permission to the town to accomplish ,
removal of the wireless communication facility under
this article. Any cost to the town for such removal shall
constitute a lien on the tax lot on which the tower is
situated and shall be collected in the same manner as a
town tax upon real property.
§ 100-168. Nonconforming uses.
Preexisting telecommunication towers shall be allowed to '
continue their usage as they presently exist. New construction,
other than maintenance on a preexisting tower, shall comply
with the requirements of this article. '
§ 100-169. Severability.
The various parts, sections and clauses of this article aze '
hereby declazed to be severable. If any part, sentence,
pazagraph, section or clause is adjudged unconstitutional or '
invalid by a court of competent jurisdiction, the remainder of
the article shall not be affected thereby.
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 t
10096.28 s-io-ss '
§ loo-lso zorruvG § loo-lso
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)
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§ 100-180
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§ loo-181
C. Variety in type and cost of residential development, thus
increasing the choice of housing types available to town
residents.
D. Preservation of trees and outstanding natural features,
prevention of soil erosion, creation of usable open space and
recreation areas and preservation of scenic qualities of open
space.
E. A shorter network of streets and utilities and more efficient
use of energy than would be possible through strict application
of standard zoning.
§ 100-181. Applicab~7ity.
A. On lots of ten (10) or more acres in the Agricultural-
Conservation, the R-40 and R-80 Districts and the Low-
Density Residential R-120, R-200 and R-400 Districts,
clustering will be required, subject to the following conditions:
(1) The residential use will besingle-family detached homes
for lot sizes of thirty thousand (30,000) square feet or
larger and detached or attached houses for lot sizes less
than thirty thousand (30,000) square feet.
(2) The density of these homes will be as specified in the
particular district and determined as indicated in
Subsection C below.
(3) The minimum lot size shall be:
(a) Without public water and sewer: thirty thousand
(30.000) square feet.
(b) With public water: twenty thousand (20,000) square
feet
(c) With public water and sewer: ten thousand (10,000)
square feet.
B. In the Low-Density Residential Districts, to wit, the A-C
Agricultural-Conservation, R-80, R-120, R-200 and R-400
Districts, clustering is permitted and may be mandated by the
Planning Board in the exercise of discretion without the
10097 z-~-~
§ 100-181 SOUTHOLD CODE § 100-181 '
requirement that the owner make written application for the '
use of such procedure.
C. Determination of density and zoning modifications. ,
(1) An application for cluster development shall include a
map or maps showing the proposed cluster design or
designs offered for consideration by the Planning Board, '
together with a map which shall be prepared for
consideration as a standard subdivision conforming to al]
requirements of the Zoning Code and Subdivision
Rsgulations~ of the Town of Southold. ,
(2) The total building lot yield of the standard subdivision
shall be used to determine the yield in the number of
building lots which the Planning Board may grant in a
cluster development. A cluster development design may
be prepared for any contiguously owned holdings,
whether or not they are separated by an existing street '
offering direct access to such holdings. In all other cases,
the holdings shall be considered as separate parcels.
(8) In a cluster development, lot area, width, depth, front '
yard, rear yard and side yards may be reduced to less
than the minimum requirements set forth in the bulk
schedule, provided that such modification or changes '
shall not result in a greater average density or coverage
of dwelling units than is permitted in the zoning district
wherein the land lies. '
D. The area of a cluster development shall be in a single
ownership or under unified control.
E. Prior to the issuance of a building permit in a cluster '
development, a site plan shall be submitted to and approved
by the Planning Board in accordance with Article XXV of this
chapter and the following conditions: '
(1) Said site plan shall include areas within which structures
may be located, the height and spacing of buildings, the
location of open spaces and their landscaping, off-street '
open and enclosed (if any) parking spaces and streets,
~ Editor's dote: See Ch. AI11fi, subdivision of I,nnd. ,
1()09$ 'L - 25 - 89
ul
~_J
n
I
!~
1
§ 100-181 ZONING § 100-181
trails, site easements and recreation facilities, driveways
and any other physical features relevant to the proposed
plan and determined to be necessary by the Planning
Board.
(2) Said site plan shall include a statement setting forth the
nature of all proposed modifications of existing zoning
provisions.
F. Nothing contained in this chapter shall relieve the owner or
his agent or the developer of a proposed cluster development
from receiving final plat approval in accordance with the
Town Subdivision Regulations.~° In approving the final plat
for a cluster development, the Planning Board may modify the
acreage requirement for recreation areas as set forth in the
town's rules governing subdivision review, provided that the
common land dedicated meets all other requirements of the
Town Subdivision Regulations.
G. Common areas
(1) The Planning Board shall establish such conditions on the
ownership, use and maintenance of common areas,
including open space, as it deems necessary to assure the
preservation of such areas for their intended purpose.
Common areas and/or open space may either be retained
by a condominium corporation or it may be deeded to a
homeowners' or homes association comprised of the
residents of the subdivision and reserved for their use or
other mechanism acceptable to the Town Board and
Town Attorney. Said common areas may be used for
agricultural use, for passive recreational uses, for visual
amenity and/or nature study or for necessary accessory
uses such as parking.
(2) A cluster development shall be organized as one (1) of the
following. a condominium corporation; a homes or a
homeowners' association approved by the Federal
Housing Administration for mortgage insurance as a
planned unit development and the Town Board; a homes
association approved by the Town Attorney and Town
~ Fdibrs Note: See Ch A106. Subdivision of Land.
1Q(x~ 2-2i-89
1
§ 100-181 SOUTHOLD CODE § 100-181
Board; or any other arrangements approved by the Town
Attorney and Town Board as satisfying the intent of this
chapter. Whenever a homes association is proposed, the
Town Boazd shall retain the right to review and approve
the Articles of Incorporation and the charter and bylaws
of said homes assceiation and any amendments or
revisions thereof and to require whatever wnditions
deemed necessary to ensure that the intent and purpose
of this chapter is carried out. In consideration of said
approval, the Town Board shall, in pazt, require the
cluster development to meet the following conditions:
(a) A homes association shall be established as a not-for-
profit corporation operating under recorded land
agreements through which each lot owner, and any
succeeding owner according to the deed to each unit,
is automatically a member and each lot is automat-
ically subject to a charge for a proportionate share of
the expenses for the organization's activities,
including real property taxes and the maintenance
of the common land and facilities. Each lot shall be
subject to a lien in the event of nonpayment by the
owner thereof of his proportionate share of the
expenses for the association.
(b) Title to all common property shall be placed in the
homes association or definite and acceptable assur-
ance shall be given that it automatically will be so
placed within a reasonable period of time.
(c) Each lot owner shall have equal voting rights in the
association and shall have the right to the use and
e[~ioyment of the common property.
(d) Once established and title to the common land is
conveyed to the homes association, all responsibility
for operation and maintenance of the common land
and facilities shall lie with the homes association.
(e) Dedication of all common areas shall be recorded
directly on the final plat and/or by reference on that
plat to a dedication in a separately recorded
10100 2-25-89
_J
§ 100-181
LJ
1
ZONING
§ loo-lsl
document. Resubdivision of such areas is prohibited.
The dedication shall:
[1] Save the title to the common property to the
homes association free of any cloud of implied
public dedication.
[2] Commit the developer to wnvey the areas to the
homes association at an approved time.
[3] Grant easement of enjoyment over the area to
the lot owners, subject to restrictions as shall be
imposed by recorded restrictive wvenants.
[4] Give to the homes association the right to
borrow for improvements upon the security of
the common areas.
(5] Grant to the homes association the right to
suspend membership rights for nonpayment of
assessments or infraction of established rules.
H. Covenants shall be established, limiting all lots to one-family
use and all common lands to open space uses approved by the
Town Board. No structures may be erected on such common
lands except as shown on the approved site plan and approved
by the Town Board. Such deed restriction or covenant shall
specifically prohibit any development for other than open
space or agricultural use on the specified open land and/or
conservation area.
I. Each deed to each lot sold shall include by reference all
recorded declarations and other restrictions, including
assessments and the provision for liens for nonpayment of
such.
J. The homes association shall be perpetual; it shall purchase
insurance, pay taxes, specify in its charter and bylaws an
annual homeowner's fee, make provision for assessments and
provide that all such charges become a lien on each lot in favor
of said association. The association shall have the right to
proceed in accordance with all necessary legal action for the
foreclosure and enforcement of liens, and it shall also have the
right to commence action against any member for the
10101 z-~~-e9
1
§ 100-181 SOUTHOLD CODE § 100-181
collection of any unpaid assessment in any court of competent ,
jurisdiction.
K. The developer shall assume all responsibilities as previously '
outlined far the homes association until a majority of the
dwelling sites are sold, at which time the homes association
shall be automatically established by the developer at the '
developer's expense and title to the common area conveyed by
the developer to the homes association.
L. Prior to plat approval, the developer shall file a performance '
bond with the Town Board to ensure the proper installation of
all required improvements, including recreation improve-
ments, and a maintenance bond to ensure the proper '
maintenance of all common lands until the homes association
is established and title to the common lands is conveyed to the
homes association. The amount and terms of said bonds and t
the form, sufficiency, manner of execution and sufficiency of
the surety shall be approved by the Town Board and the Town
Attorney. '
M. The certificate of incorporation of the organization and its
bylaws shall contain the following provisions, and notice of said
provisions shall be specifically given in arty brochure or '
prospectus issued by the developer.
(1) That such organization is established to own and
maintain common open space or common elements and
that, if such organization or arty successor organization
shall, at any time after title to such common land and
other common elements is conveyed to it, fail to maintain
the common open space and other common elements in
reasonable order and condition in accordance with the
plan proposed, the Town Board may cause a written
notice to be served by certified mail upon such organiza- ,
tion, at its address as shown upon the last completed town
assessment roll, or in the same manner upon the owners
of the lots in such subdivision at their address as shown ,
upon the last completed assessment roll, which such
notice shall set forth:
10102 z-z,-ss
§ 100-181
ZONING
§ loo-lal
(a) The particulars in which the common open space
and other common elements have not been main-
tained in reasonable order and condition;
(b) A demand that such deficiencies in maintenance
shall be remedied within thirty (30) days from the
date of such notice;
(c) That, upon the failure to remedy such default in
maintenance within the time specified, the Town
Board will hold a hearing upon the matter upon not
less than five (5) days' notice in writing sent by
cert~ed mail to such organization or to such lot
owners;
(d) That, after such hearing, the Town Board may take
such action as it deems appropriate to provide for
the proper maintenance of such common open space
and common elements, and
(e) That aqy and all costs and expenses incurred by the
town for such purposes may be assessed upon all of
the lots in such subdivision and be collected in the
same manner and at the same time as real property
taxes are cellected in the Town of Southold.
N. The Town Board, in order to ensure that the open space will be
used for its intended purposes, shall have the continuing right
to impose building controls and restrictions on the use and
maintenance of the common open space lands.
0. Notwithstanding the foregoing, the Town Board may, in its
discretion, accept an offer for dedication to the town of the
open space and/or common lands created by use of the
provisions of this Article. [Added 3-14-89 by LL. No. 3-
1989]
1
10103 ~~-zs-es
§ 100.190 SOUTHOLD CODE
ARTICLE XIX
Parking and Loading Areas
[Added 1-10-89 by L.L. No. 1-1989]
§ 100-190. Purpose.
§ 100-191
Regulations for off-street pazking and truck loading areas are
imposed in order to minimize traffic wngestion, air pollution and the
risk of motor vehicle and pedestrian accidents and to address aesthetic
considerations.
§ 100-191. Off-street parking areas.
A. Off-street parking spaces, open or enclosed, are permitted
accessory to any use specified below. Any land which is
developed as a unit under single ownership and control shall
be considered a single lot for the purpose of these pazking
regulations. Reasonable and appropriate off-street parking
requirements for structures and uses which do not fall within
the categories listed below shall be determined by the
Planning Board upon consideration of all factors entering into
the parking needs of each use. For those uses not specified in
the schedule, there shall be a periodic monitoring of offstreet
pazking conditions to ensure that the purpose of this Article is
satisfied. In addition, the Planning Board may waive all or a
portion of these requirements within the Hamlet Business
District where it shall find that municipal pazking facilities
within three hundred (300) feet of the proposed use will
adequately serve the proposed use.
Type of Use
Required Number of
Parking Spaces
Accessory apartment in existing
1-family dwelling
Antique shop, auction gallery,
azts and crafts shop and work-
shop
1 per accessory apartment in
addition to 2 for 1-family dwell-
ing
1 per 250 square feet of sales
area
1
1
10104
s-zs-as '
§ 100-191 ZONING § 100-191
Required Number of
Type of Use Parking Spaces
Apartment over store 1 per apartment in addition to
business requirements
Auditorium, meeting hall 1 per 50 square feet of seating
area, but not less than 1 per 4
seats where provided
Automobile laundry 1 per employee, plus a 10-space
queuing line area for each laun-
dry bay
(Cont'd on page 10105)
10104.1 s-z5-as
II
II
II
II
II
§ 100-191
Type of Use
Bank
Beach club or swim club
Bed-and-breakfast enterprise
ZONING
Boardinghouse or tourist house
Boat and marine engine repair
and sales, if separate from ma-
rina
Boatyard, including boat sales
and rentals
Bowling lane
Building, electrical or plumbing
contractors business or yard
Cold storage plant
College
Conference facilities
Drinking establishment
§ loo-191
Required Number of
Parking Spaces
10 spaces or 1 space for each
100 squaze feet of gross floor
area or 3 spaces per teller,
whichever is greatest, plus a 5-
space queuing area for each
drive-in teller
2 spaces per 3 members
1 space per guest room in addi-
tion to residential requirements
1 space per guest room in addi-
tion to residential requirements
1 space per 250 square feet of
gross floor area
Sales and rental portion, 3
spaces, in addition to mazina re-
quirements
At least 4 spaces per lane
1 space for each employee, plus
2 spaces
3 spaces or 1 per 800 square
feet of gross floor area
0.5 space per student, plus 0.75
space per staff member
1 space per 4 seats in the lazg-
est assembly hall or meeting .
area, plus I space for each 4
seats in classroom facilities
1 space per 3 seats or 1 space
per 100 square feet of floor
space, whichever is greater
10105 z-zs-ss
'
§ 100-191 SOUTHOI.D CODE § 100-191
Required Number of
Type of Use Parking Spaces
Fish market, including whole- 1 space per 200 square feet of
sale and retail sale of flnfish gross floor area
and/or shellfish
Food processing and packaging 0.75 space per employee or 1
including fish processing space per 500 square feet of
gross floor area, whichever is
Fraternal or social office or greater
See "office"
meeting hall
Funeral home 1 space for each 3 seats pro-
vided therein or 1 space for
each 100 square feet of space
available for public use, which-
ever is greater, with a minimum
of 25 spaces
Gasoline service station, partial 3-space queuing area for each
self-service pump, plus 1 space for each em-
ployee
Gasoline service station with mi- Same as gasoline service station
nor indoor repair facility
above, plus 2 for each bay '
Greenhouse, floral shop, flower 1 space per employee, plus 3
shop, nursery or similaz facility, spaces, or 1 space per 200 t
either enclosed or unenclosed square feet of sales and/or dis-
play azea, whichever is greater
Home occupation, including 3 spaces per home cecupation,
home professional office, except plus 2 spaces required for sin-
physician or dentist gle-family residence
Hospital 1 space for each bed '
Hotel or motel, resort and trap- 1 space for each guest room and
sient 1 for each employee or 1 space
per guest room, whichever is '
greater, plus accessory use
parking as required
10 106 z-zs-as
§ 100-191 ZONING § 100-191
Type of Use
In-service training facilities for
employees
Laundry plant or drycleaning
plant
Laundromat
Library, museum or art gallery
Light industrial uses
Maziculture/aquaculture busi-
ness
Mazina
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
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
See "light industrial"
1 space per boat slip,
mooring, dock space or similaz
unit of capacity, plus 1 space
per employee
At least 1 for each 2 members
or acrnmmodatioas (such as
lockers), whichever is
greater, plus 1 for each
employee
1 per each 600 squaze feet of
showroom and sales lot azea,
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
s-io-sa
§ 100-191 SOUTHOLD CODE § 100-191
Required Number of
1~pe 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-
nessor 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 "light 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
s-io-sa
§ 100-191
~I
M
1
1
r
Type of Use
Restaurant, drive-in, curb ser-
vice take-out or formula food
[Amended 5-i6-1994 by L.L.
L.L. No. 9-1994]
Restaurant, except drive-in
ZONING
§ 100-191
Required Number of
Parking Spaces
I space per 2 seats or 1 space
per 50 squaze feet of gross
floor space, whichever is
greater
1 space per 3 seats or 1 space
per 100 square feet of floor
space, whichever is greater
(Cont'd on page 10109)
lolos.l s_,o_94
§ 100-191
r
1
ZONING
Type of Use
Retail sale or rental of fishing,
diving or bathing supplies or
equipment; ship's loft or
chandlery
Retail shop or store, other than
those listed herein
Roadside farm stand
School, elementazy
School, secondary
Shop for custom work and for
making articles to be sold at re-
tail on the premises
Storage yard
LJ
LI
Theater or cinema, other than
outdoor
Tourist camp
Townhouse
2-family detached dwelling
Veterinazian and animal hospi-
tal
Warehouse or storage building
§ 100-191
Required Number of
Parking Spaces
If separate use, see "retail shop";
if accessory use, 1 space for
each employee, plus 2 spaces in
addition to primary use
At least 1 per 200 square feet of
gross floor area
Minimum of 4 spaces per stand
2 spaces per classroom, plus au-
ditorium requirement
2 spaces per classroom, plus 1
per 10 students, or auditorium
requirement, whichever is
greater
See "retail store"
1 space per employee, plus 4
spaces, or 1 space for each 5,000
square feet of storage area,
whichever is greater
See "auditorium"
1 space for each accommodation,
plus 1 space for each employee,
plus 3 spaces for visitors
See "multiple dwelling unit"
3 spaces per dwelling
2 spaces per employee or 1
space per 200 feet of gross floor
area, whichever is greater
1 per 1,000 square feet of gross
floor area
10109 2-~-~
§ 100-191 SOUTHOLD CODE § 100.191
Required Number of ,
Type of Use Parking Spaces
Wholesale business, including 1 per 1,000 square feet of gross
]umber and other building prod- floor area
acts
Wholesale/retail beverage distri- 1 space per 150 square Feet of
bution gross floor area
Wholesale/retail nursery and/or 1 space for each 200 square feet
sale of plants of gross floor azea for retail use
or 1 space for each employee,
plus 3 spaces for wholesale use,
with minimum of 4 spaces
Yacht club Same as "marina"
B. Areas computed as pazking spaces. Areas which maybe ,
computed as open or enclosed off-street parking spaces include
any private garage, carport or other area available for
parking, other than a street or a driveway. However, a
driveway within a required front yard for aone-fami).y or two- '
family residence may count as one (1) pazking space.
C. Size of spaces. Three hundred fifty (350) square feet shall be
considered one (1) space (to provide room for standing area
and aisles for maneuvering). Aisles between rows of pazking
spaces shall be not less than twenty-two (22) feet wide, unless
reduced for sixtydegree•angle parking, in which case the aisle
space should be not less than sixteen (16) feet wide. Entrance '
and exit lanes shall not be computed as parking space except
.for driveways for one-family and two-family residences. The
minimum parking stall width shall be nine (9) feet, and the
minimum length shall be nineteen (19) feet
D. Access. Unobstructed access to and from a street shall be ,
provided. Such access shall consist of at least one (1) fifteen-
foot lane for pazking areas with more than four (4) spaces but
less than twenty (20) spaces, and at least two (2) ten-foot lanes
for parking areas with twenty (20) spaces or more. No
entrance or exit for any off-street parking area shall be
]orated within fifty (50) feet of any street intersection nor
exceed a y~rade of six percent (6%) within twenty-five (25) feet ,
10110 z-zs-ss
§ 100-191
[~
I
~~
r
ZONING
§ 100-191
of any street line nor ten percent (10%) at any other point. All
points of ingress or egress shall be appropriately signed, unless
such signing is considered unnecessary by the Planning
Board.
E. Drainage and surfacing. All open parking areas shall be
property drained within the premises, and all such areas shall
be provided with a dustless surface, except for parking spaces
accessory to aone-family or two-family residence. Curbs,
paving, sidewalks and drainage facilities shall comply with
standards established in town ordinances, regulations or
specifications and shall be approved and constructed under the
supervision of the Superintendent of Highways or his agent.
F. Joint facilities. Required parking spaces, open or enclosed,
may be provided in spaces designed to serve jointly two (2) or
more establishments, whether or not located on the same lot,
provided that the number of required spaces in such joint
facilities shall be not less than the total required for all such
establishments.
G. Combined spaces. When any lot contains two (2) or more uses
having different parking requirements, the parking require-
ments for each use shall apply to the extent of that use. Where
it can be conclusively demonstrated that one (1) or more such
uses will be generating a demand for parking spaces
primarily during periods when the other use or uses is not or
are not in operation, the Planning Board may reduce the total
parking spaces required for that use with the least require-
ment
H. Location and ownership. Required accessory parking spaces,
open or enclosed, shall be provided upon the same lot as the
use to which they are accessory or elsewhere, provided that all
spaces therein are located with two hundred (200) feet walking
distance of such lot In all cases, such parking spaces shall
conform to all the regulations of the district in which parking
spaces are located, and in no event shall such parking spaces
be located in any residence district unless the use to which the
spaces are accessory is permitted in such residence district or
upon approval by the Board of Appeals. Such spaces shall be
in the same ownership as the use to which they are accessory
10111 z-$s-ss
§ 100.191 SOUTHOLD CODE § 100-191
and shall be subject to deed restrictions approved by the '
Board, binding the owner and his heirs and assigns to
maintain the required number of spaces available either
throughout the existence of such use to which they are ,
accessory or until such spaces are provided elsewhere (unless
municipally owned spaces are utilized in accordance with
§ 100.191A above).
I. Lots divided by district boundazies. When a parking lot is
located partly in one district and partly in another district, the
regulations for the district requiring the greater number of
parking spaces shall apply to all of the lot. Pazking spaces on ,
such a lot may be located without regard to district lines,
provided that no such parking spaces shall be located in any
residence district unless the use to which they are accessory is
permitted in such district or upon approval of the Board of
Appeals.
J. Parking regulations in multiple-dwelling or attached-dwelling ,
developments.
(1) Wherever space is provided for the pazking of five (5) or
more vehicles in the open, such spaces shall be individual- '
ly identified by means of pavement markings.
(2) No parking space shall be located in any front yard nor
within ten (10) feet of any lot line in side or reaz yards.
(3) The parking of motor vehicles is prohibited within fifteen
(15) feet of any wall or portion thereof of a two- or more '
family dwelling, which wall contains windows (other than
bathroom or kitchen windows) with a sill height of less
than eight (8) feet above the level of said parking space.
(-I) No service of any kind shall be permitted to be extended
to users of the lot, including automobile service, repair or
fueling, and no gasoline, oil, grease or other supplies shall
be stored or sold in any such lot or in any garage on such '
lot.
(5) Parking areas shall be screened by a substantial wali, '
fence or thick hedge, approved by the Planning Board.
Generally, such screening shall not be less than four (4}
feet nor more than eight (8) feet in height.
10112 2-2s-ss
§ 100-191
ZONING
§ loo-191
K. Regulations for pazking spaces adjacent to lots in any
residence district.
(1) Wherever a parking azea of over five (5) spaces
abuts or is within fifteen (15) feet of the side or rear
lot line of a lot in any residence district, said
parking lot shall be screened from such adjoining lot
by a substantial wall, fence or thick hedge approved
by the Planning Board. Generally, such screen shall
be not less than four (4) feet nor more than eight (8)
feet in height.
(2) Whenever a parking azea of over five (5) spaces is
located across the street from other land in any
residence district, it shall be screened from the view
of such land by a thick hedge, wall or fence,
approved by the Planning Board, located along a
line drawn parallel to the street and a distance of
twenty (20) feet therefrom, such screening to be
interrupted only at points of ingress and egress.
Generally, no such screening shall be less than four
(4) feet nor more than six (6) feet in height. The
open area between such screening and the street
shall be landscaped in harmony with the
landscaping prevailing on neighboring properties
fronting on the same street. Two (2) identification
and directional signs located on the street side of
such screening shall be permitted; however, they
shall not exceed an azea of three (3) square feet
each.
L. Driveways. No driveway shall provide access to a lot
located in another district, which lot is used for any use
prohibited in the district in which such driveway is
located.
M. Pazking for special exception uses. Notwithstanding any
other provisions of this chapter, the Planning Board may
increase the pazking requirements for special exception
uses by up to one hundred fifty percent (150%) of the
minimum parking requirements if it determines that
10113 z-zs-ss
§ 100-191 SOUTHOLD CODE § 100-191
such additional parking requirements are necessary by
reason of the nature of the use and/or the characteristics
of the site.
N. 1Yaffic storage. All uses shall provide sufficient space on
the same lot so that any storage lanes for traffic will be
provided for and will not obstruct traffic or utilize public
rights-of--way.
O e Connections between abutting parking areas. Where
appropriate, the Planning Board may require paved
connections between abutting parking areas in different
ownerships so as to facilitate the flow of traffic.
P. Supplemental regulations for private garages and off-
streetparking areas in residence districts.
(1) Commercial vehicles.
(a) One (1) commercial vehicle not exceeding
twenty (20) feet in length may be parked in the
driveway on an occupied lot in any residence
district except that one (1) commercial vehicle
not exceeding twenty-five (25) feet in length
may be parked in the driveway on an occupied
lot in any residence district, provided that the
owner of the occupied lot has continuously
maintained title to such vehicle since the date
of the enactment of this amendment.e
[Amended 3-26-1991 by L.L. No. 6-1991;
7-17-1991 by L.L. No. 16-1991]
(b) One (1) commercial vehicle not exceeding
twenty-five (25) feet in length may be parked
within a private garage in any residence
district.
8 Editor's Note: Former SnbeecLion O, dealing with the ia~ivation of offretreet
parhia¢ areas, was repealed 12.27-1884 by I..I.. No. 30.188E R'hie local law oleo provided
for the rennmberinQ of Former Sabeectiona P and Q ae sahcectione O and P,
reepeatively.
8 Editor's Note:'Thie amendmeat^ refers to I.Y Na 161881, adopted 7.17.1991
r
10114 z-zs-9s
§ 100-191
LJ
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ZONING
§ loo-191
(c) Commercial farm vehicles are permitted as
accessory to a commercial farm use in any
residence district.
(2) Trailers and recreation vehicles. The storage or
parking and use of a travel trailer or a recreation
vehicle by any person or persons, except as
hereinafter provided, is prohibited in all residential
districts, except that:
(a) The keeping or storing of one (1) camp-type
travel trailer or recreation vehicle is permitted
on a premises if it is either owned or rented by
the occupants of such premises and is not kept
for purposes of sale or rental and is used solely
for the personal use of such occupants. Such
camp-type travel trailer or recreation vehicle
shall not be occupied as living quarters at any
time and shall be secured in place in the rear
yard not nearer than fifteen (15) feet to a side or
rear lot line or to the
(Cont'd on page 10115)
10114.1 z-zs-as
' § 100-191 ZONING § 100-192
street, and the doors thereof shall be kept securely
locked.
' (b) Such vehicle may not be parked within ten (10) feet
of a one- or two-family dwelling or fifteen (15) feet of
a multiple dwelling.
(3) Boats. One (1) boat may be parked in the rear yard of aqy
occupied lot not nearer than fifteen (15) feet to a rear or
side line or to any street
§ 100-192. Off-street loading areas.
Off-street loading berths, open or enclosed, are permitted accessory
to any use (except one- or two-family residences), subject to the
following provisions:
A. Uses for which required. Accessory off-street loading berths
shall be provided for any use specked below. Aqv land which
is developed as a unit under single ownership and control shall
be wnsidered a single lot for the purpose of such loading
requirements.
(1) For a public library, museum or similar quasi-public
institution, governmental building, community center,
hospital or sanatorium, nursing or convalescent home,
institution for children or the aged or school:
(a) With a floor area of five thousand (5,000) to twenty-
five thousand (25,000) square feet, one (1) berth.
' (b) For each additional twenty-five thousand (25,000)
square feet or fraction thereof, one (1) additional
berth.
' (2) For buildings with professional, governmental or business
offices or laboratory establishments:
' (a) With a floor area of five thousand (5,000) to twenty-
five thousand (25,000) square feet, one (1) berth.
(b) For each additional twenty-five thousand (25,000)
square feet or fraction thereof up to one hundred
10115 % - ~ - ~
§ 100-192 SOUTHOLD CODE § 100-192
thousand (100,000) square feet, one (1) additional
berth.
(c) For each additional fifty thousand (50,000) square
feet or fraction thereof, one (1) additional berth.
(3) For buildings with offices and retail sales and service
establishments: one (1) berth for five thousand (5,000) to
twenty-five thousand (25,000) square feet of floor area,
and one (1) additional berth for each additional twenty-
five thousand (25,000) square feet of floor area or fraction
thereof to be used.
(4) For undertakers and funeral homes: one (1) berth for
each chapel.
(5) For hotels: one (1) berth for each two thousand five
hundred (2,500) square feet of floor area.
(6) For manufacturing, wholesale and storage uses and for
dry-cleaning and rug-cleaning establishments and
laundries: one (1) berth for five thousand (5,000) to ten
thousand (10,000) square feet of floor area in such use,
and one (1) additional berth for each additional ten
thousand (10,000) square feet of floor area or fraction
thereof so used. In addition, adequate reserved parking
for waiting trucks shall be provided.
B. Size of spaces. Each required loading berth shall be at least
fifteen (15) feet wide, fourteen (14) feet high and forty-five (45)
feet long and in no event smaller than required to acwmmo-
date vehicles normally using such berths.
C. Location and access. Unobstructed aceess at least fifteen (15)
feet wide, to and from a street, shall be provided. Such access
may be combined with access to a parking lot. All permitted
or required loading berths shall be on the same lot as the use
to which they are accessory, except as provided in Subsection
D below. No entrance or exit for any offstreet loading area
shall be located within fifty (50) feet of any street intersection.
No off-street loading berth shall be located in any required
front yard.
10116 2-as-as
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§ 100-192
ZONING
§ loo-200
D. Joint facilities. Permitted or required loading berths,
open or enclosed, may be provided in spaces designed to
serve jointly two (2) or more adjacent establishments,
provided that the number of required berths in such joint
facilities shall not be less than the total required for all
such facilities.
E. Lots divided by district boundaries. When a lot is located
partly in one district and partly in another district, the
regulations for the district requiring the greater number
of loading berths shall apply to all of the lot. Loading
berths on such lot may not be located in any residence
district unless the use to which they aze accessory is
permitted in such district or upon the approval of the
Boazd of Appeals.
ARTICLE XX
Signs
[Added 1-10-1989 by L.L No. 1-1989]
§ 100-200. Pairpose.
The purpose of this Article is to regulate existing and
proposed signs in order to:
A. Protect property values.
B. Create a more attractive economic and business climate.
C. Enhance and protect Southold's physical appeazance and
environment.
D. Preserve the historic and architectural heritage of the
town.
E. Provide a more enjoyable and pleasing community.
F. Reduce sign or advertising distraction and obstructions
that may contribute to traffic accidents.
G. Reduce hazards that may be caused by signs
overhanging or projecting over public rights-of--way.
10117 1-25-95
§ 100.201 5OUTHOLD CODE § 100-201 '
§ 100.201. Applicability; permit required; application;
approval; fees.
A. The provisions of this Article shall apply in all districts. ,
B. [Amended 11-24.1992 by L.L. No. 21-1992;
11-29-1994 by L.I.. No. 25-1994] Except as otherwise
provided in this chapter, signs shall not hereafter be
erected, structurally altered, enlarged or moved or
reconstructed within the town unless a permit is
obtained from the Building Inspector and payment of a
required fee per sign in accordance with the Town of
Southold fee as specified in Subsection F below 49
(1) The following operations shall not be considered as
creating a new sign and, therefore, shall not require
a new sign permit:
(a) Replacing copy: the changing of the name,
advertising or message on an approved sign.
(b) Maintenance: painting, cleaning and other
normal maintenance and repair of a sign or a
sign structure, unless a structural change in
configuration is made.
(c) Movement of a sign farther from the right-of-
way, provided that it meets all provisions of the
Building Code and Town Code and the Building
Department is notified in advance. '
(2) The following signs shall be exempt from the permit
requirement, but are subject to the other
requirements of this Code: '
(a) Contractor signs.
(b) Real estate signs. '
(c) Holiday lights and signs which are incidental
and customary and commonly associated with
49 Editor's Noce: Subsection F was repealed 7.311993 by I..L. No. 19-1993. See
4 100.Y91J(I)(g).
1011$ 1-25-95
i
§ 100-201
ZONING
§ 100-201
any national, local or religious holiday, not to be
displayed for more than sixty (60) days in one
(1) yeaz.
(d) Informational/directianal signs.
(e) Nameplates.
(f) Temporary interior signs.
(g) Window signs wvering ten percent (10%) or less
of the window azea.
(h) Nonprofit organization directory signs.
C. Application for a sign permit shall be made on a form
' provided by the Building Inspector, which application
shall include:
(1) The name, address and telephone number of the
' applicant.
(2) The name, address and telephone number of the
sign maker.
(3) The location of the building, structure or land to
which or upon which the sign is to be erected.
(4) A color photo of the building upon which the sign is
to be erected.
(5) The size of the sign.
(6) A description of the construction details of the sign,
showing the lettering and/or pictorial matter
composing the sign, position of lighting or other
' extraneous devices.
(7) Sketches, drawn to scale, and supporting
information indicating the location of the sign,
colors, size and types of lettering or other graphic
representation and materials to be used, electrical
or other mechanical equipment, details of its
attachment and hanging. Samples of materials
should accompany the application where required by
the Building Inspector.
10119 i-zs-ss
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§ 100-201 SOUTHOLD CODE § 100.202 '
(8) The written consent of the owner of the property
upon which such sign or signs is or aze to be erected
and maintained. In addition, such sign application
shall be accompanied by a fee as established by the
Town'Boazd of the Town of Southold.
(9) Such other pertinent information as the Building
Inspector may require to ensure compliance with
this Article.
D. The Building Inspector shall review the proposed sign '
and can approve, deny or condition a permit based on the
provisions of this Code. The Planning Boazd may
approve signs which differ from the quantitative ,
requirements set forth in this Article in the site review
process, provided that a finding is made that said sign or
signs conform to the general design principles outlined in '
§ 100-202 hereof, and provided further that no sign shall
violate the sign prohibitions and general restrictions
listed in § 100.203 herein. [Amended 11-29-1994 by
L.L. No. 25-1994]
E. L° the sign does not comply with the provisions of this
Code, application for a variance may be made to the
Zoning Board of Appeals. [Amended 11-29-1994 by
L.L. No. 25-199450]
§ 100-202. General design principles. [Amended '
11.29-1994 by L.I.. No. 25-1994]
Decisions by sign applicants shall be guided by the following '
general design principles:
A. Signs should be a subordinate part of the streetscape.
B. Signs should be as small as practicable.
50 Editor's Note: This local law also repealed former Subsection F, regarding sign
permit fees, which immediately foaowed this subsection, and whie6 was formerly
repealed 7-1&1999 by I..1.. No. 1&1995. '
10120 1-ss-as
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§ 100-202
ZONING
§ 100-203
C. Signs should be as close to the ground as possible,
consistent with required safety and legibility
considerations.
D. A sign should have an appropriate size relationship to
the building upon which it is placed.
E. Whenever feasible, multiple signs should be combined
into one (1) sign to avoid clutter.
F. A sign should not impair the visual effectiveness of
neighboring signs.
G. Garish colors and materials should be avoided.
H. Signs which have dark background colors and light
letters are preferred in order to minimize the apparent
size of signs within the streetscape.
I. Generally, signs on the same building should be within
the same horizontal band and be of a similaz height.
J. Except in carefully designed circumstances, signs should
be integrated with fences, walls or buildings and not be
freestanding.
K. Sign material should be durable, requiring little mainte-
nance; use of material such as corrugated plastic,
natural aluminum, bulbous plastic letters, nontextured
plastic and glass file should be avoided.
§ 100-203. Prohibitions and general restrictions.
[Amended 11-29-1994 by L.L. No. 25-1994]
A. Unless otherwise provided herein, nonaccessory signs,
billboards, off-premises signs and mobile signs shall be
prohibited in all districts.
B. Flashing signs, including any sign or attraction device on
which the artificial light is not maintained stationary
and constant in intensity and color at all times when in
use, are prohibited.
10121 i-u-ss
§ 100-203 SOUTHOLD CODE § 100-203 '
C. Signs which compete for attention with or may be
mistaken for a traffic signal aze prohibited. No sign shall
be erected in such a manner as to obstruct free and clear
vision for drivers; interfere with, mislead or confuse
traffic; or be located where, by reason of its position,
shape or color, such sign may interfere with, obstruct the
view of or be confused with any authorized traffic sign, '
signal or device by making use of the words "stop", "look"
or any other word, phrase, symbol or character or red,
green or amber illumination or reflection.
D. Balloons or other gas-filled figures shall be prohibited.
E. Permanent exterior signs made out of cazdboazd, paper,
canvas or similaz impermanent material are prohibited.
F. Signs or attraction devices with visible moving, revolving
or rotating parts, such as flags, banners or pennants, aze
prohibited. ,
G. Except for holiday seasons or a period of fifteen (15) days
from the date of a grand opening, no sign or part thereof
shall consist of pennants, ribbons, streamers, spinners or
other similaz moving, fluttering or revolving devices.
H. Signs noting that a property has been sold are
prohibited.
I. No portable or temporary sign shall be placed on the
front face of any building or upon any lot, except as
provided in § 100-205G herein.
J. No signs other than signs placed by agencies of the gov-
ernment shall be erected on any public property, unless
consent is first obtained from the Building Department.
No sign shall be placed on any private property without
the consent of the owner thereof. No sign shall be placed
or painted on any tree or rock. No sign shall be placed on ,
any utility pole except for utility identification or similaz
purposes. ,
10122 i-2s-ss
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§ 100-204
ZONING
§ 100-205
§ 100-204. Limitation of content or copy. (Amended
11-29-1994 by L.L. No. 25-1994]
Information displayed on signs shall be limited to the name,
address, logo and nature of the business and products available
or activity for which the building or premises is used.
§ 100-205. Specific signs. [Amended 11-29-1994 by L.L. No.
25-1994]
A. Business center directory signs.
(1) The term °directory sign" shall mean any sign
containing a list of names of business establish-
ments located within a business center. A "business
center" means a site containing multiple business
uses sharing a common driveway.
(2) Each business center shall be allowed on the
premises one (1) freestanding directory sign in lieu
of all other freestanding or ground signs, to be used
for the purposes of identifying the business center
and the various business establishments located
within the business center where the sign is set
back fifteen (15) feet from the street line. No brand
name advertising of any sort shall be allowed on
such sign. Said sign shall not exceed fifteen (15) feet
in height, measured from the top of said sign to the
mean level of the ground surrounding the support of
said sign. Each business establishment name shall
occupy no more than three (3) square feet in total
azea with an additional allowance of twenty percent
(20%) of the total for the name of the business
center. Said sign shall comply with all other
applicable provisions of this chapter.
(3) A permit issued by the Building Inspector shall be
required for each business center directory sign
erected or maintained pursuant to this subsection.
The application for said permit must contain an
accurate drawing of said directory sign as well as a
10123 1-25-95
§ 100-205 SOUTHOLD CODE § 100-205 ,
survey indicating the dimensions of said sign, its
location and setbacks.
B. Contractor signs. A contractor, tradesperson, azchitect or ,
building supplier may erect one (1) name sign each on
the site of construction during the period of work. The
sign azea may not exceed three (3) square feet and may
be attached to a stake in the ground located at least
fifteen (15) feet from the street line. All contractor signs
must be removed prior to issuance of a certificate of
occupancy for the construction. ,
C. Farm, garden or nursery signs. Signs may be allowed
advertising only the sale of farm, garden, animal or
nursery products grown on Eastern Long Island and the
name of the farm, gazden or nursery.
D. Freestanding signs. One (1) freestanding sign is allowed
for each frontage, on a public street or way, subject to the ,
following requirements:
(1) Freestanding signs aze limited to either pole signs
with no guy wires or signs permanently affixed to a
fence or other wall sepazate from the principal
building.
(2) All freestanding signs shall be located within and '
shall not overhang the property line.
(3) The location and design of such signs shall not
present a hazard to pedestrian or vehicular traffic.
(4) The sign may be single- or double-faced, and square
footage will be calculated based on one (1) side. '
(5) The sign shall be set back not less than fifteen (15)
feet from the pavement or five (5) feet from the
sidewalk, whichever is greater. Under no ,
circumstances shall the sign be placed in the public
right-of--way.
(6) The sign shall advertise only business conducted on
the premises, which shall mean all contiguous
property in common ownership.
10124 i-zs-es
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§ 100-205
ZONING
§ 100-205
(7) The sign shall be not more than twenty-four (24)
square feet, the upper edge of which may not extend
more than fifteen (15) feet above the ground.
E. Historic signs. A sign is an historic sign if it existed prior
to 1970 and has not been significantly altered since then.
When the historic nature of the sign has been
established to the satisfaction of the Building Inspector,
he may allow the reconstruction, repair and mainte-
nance of historic signs for so long as the sign maintains
the original size, appeazance and location.
F. hiformationalldirectional signs. Signs are allowed which
state open, closed, business hours, phone numbers and
generic directions to the facility, parking service and
products. Informationa]/directional signs shall be a
maximum of three (3) squaze feet in size.
G. Nameplates. Nonilluminated nameplates containing only
names or professional signs containing only name and
professional designation maybe allowed.
H. Nonprofit organization directory signs. One (1) directory
sign may be erected in each hamlet to identify nonprofit
and civic organizations within the hamlet, subject to the
size and location requirements of the business directory
sign.
I. Real estate signs. One (1) sign shall be allowed to
advertise the sale or lease of real property. The sign may
be either single- or double-faced and not larger than six
(6) squaze feet in size. The sign shall be located at least
fifteen (15) feet from the public rightof--way. All real
estate signs must be removed immediately upon closing
on the lease or sale. This sign may be allowed in any
zone.
J. Roof signs.
(1) Roof signs may be erected upon or against a roof of a
building but shall not extend above the ridge line of
the roof. A sign which is placed anywhere on a
10125 i -zs - ss
§ 100-205 SOUTHOLD CODE § 100-205 '
parapet other than the fascia shall be a mof sign
and may not extend above the top of the pazapet.
(2) The top of such sign shall not extend, at its closest
point, more than twelve (12) inches from the surface
of the roof. The vertical center of the sign shall be
mounted no higher than the midpoint of the roof.
(3) Such sign shall not exceed a size in square feet
equivalent to one-half (1/2) times the length in feet of
the structure. ,
(4) A business may have either a roof sign or a wall
sign, but it may not have both a roof sign and a wall
sign.
(5) A roof Sign may not be ill++m;nated.
K. Subdivision signs. A sign shall be allowed to advertise t
the sale or lease of a subdivision of properties if the
subdivision has a public road frontage of five hundred
(500) feet or more. The sign may be either single- or ,
double-faced and not larger than twenty-four (24) squaze
feet in size. The sign shall be located at least fifteen (15)
feet from the street line. Said sign must be removed
upon sale or lease of all properties within the '
subdivision. This sign maybe allowed in any zone.
L. Temporary signs. The erection, installation or mainte-
nance of temporary signs, as defined herein, is hereby
prohibited, except as specified below:
(1) A temporary sign announcing special events erected
by a municipal, charitable or nonprofit organization, ,
which does not exceed twenty-four (24) squaze feet
in azea, is permitted for a period not to exceed thirty
(30) days. ,
(2) Temporary interior signs announcing special sales
or events shall be permitted in the Hamlet Business
and General Business Districts. Such signs shall ,
cover no more than twenty-five percent (25%) of the
10126 i-as-as
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§ 100-205 ZONING § 100-205
window area to which they are affixed and shall be
removed within twenty (20) days.
(3) If a business has a permitted freestanding or ground
sign, a temporary sign may be hung from the
exterior of the building or from the approved sign.
The temporary sign shall not exceed six (6) square
feet in area and shall not project more than two (2)
feet from the building and shall not obstruct
pedestrian traffic.
(4) If a business does not have a permitted
freestanding, ground or businesses center sign, a
business may erect a temporary sandwich board or
A-frame sign on the business premises if it does not
hinder public access, traffic or vision. The sign may
not exceed six (6) squaze feet in area and shall be set
back at least fifteen (15) feet from all property lines.
The sign shall be removed at the end of each
business day.
(5) No more than one (1) exterior temporary sign at a
time shall be allowed on a parcel of property. If
there are multiple businesses on the property, they
shall make internal arrangements to share the sign.
(6) An external temporary sign may not be displayed for
more than ninety (90) days in a one-year period.
M. Tourist directional signs. Tourisbrelated businesses (i.e.,
hotel, motel, marina, restaurant) which aze located off
Route 48 or 25 may have a generic eight-by-twenty-four-
inch sign on one (1) of those roads.
N. Wall signs. A wall sign or signs are allowed on the
building wall, subject to all of the following
requirements:
(1) It is attached to or incorporated in the wall and does
not project more than one (1) foot from such wall.
(2) It advertises only the business conducted in such
building.
10126.1 i-zs-ss
§ 100-205 SOUTHOLD CODE § 100-205
(8) It does not exceed one (1) square foot in total azea
for each horizontal foot of the business wall facing a
street. If multistory businesses are within the
structure, they shaze one (1) wall sign allotment and
shall allocate it among themselves.
(4) It does not exceed in width one hundred percent
(100%) of the horizontal linear feet of such wall.
(5) It does not exceed three (8) feet in height.
(6) The sign shall not extend higher than the pazapet in
the case of one-story buildings. In the case of
buildings taller than one (1) story, such signs shall
not extend above the bottom of the sill of the
windows of the second story nor extend or be placed
more than fifteen (15) feet above the outside grade.
(7) No wall sign shall cover, wholly or partly, any wall
opening, including doors, fire escapes and windows,
nor project beyond the ends of the wall to which it is
attached. All such signs must be safely and
adequately attached to said building wall by means
satisfactory to the Building Inspector.
(8) A sign may be placed on a business canopy or
awning and shall be treated as a wall sign and is
subject to the size restrictions contained therein.
O. Window signs. A "permanent window sign" means any
sign which is painted on the window or is made of
materials other than cardboard, paper or canvas. A
permanent window sign or combination of signs shall not
weer more than ten percent (10%) of the total glass azea
upon which, or in which, it is affixed, displayed or
painted. If the window sign exceeds ten percent (10%) of
the window space, it shall be treated as a wall sign and
is subject to the size restrictions contained therein.
LJ
10126.2 i-zs-ss
' § 100-205.1 ZONING § 100-205.1
§ 100-205.1. Specific sign requirements. [Added
11-29-1994 by L.L. No. 25-1994]
A. The following signs will be allowed in the residential
areas of the town, which shall include all azeas zoned A-
C, R-40, R-80, R-120, R-200, R-400, FID and AHD:
(1) Not more than two (2) nameplates not to exceed two
(2) square feet in azea.
(2) One (1) sign identifying the residential
neighborhood not more than eighteen (18) squaze
feet in area, located not less than fifteen (15) feet
from the street.
(3) If the appropriate circumstances exist, there may be
a real estate, subdivision, contractor or yazd sale
sign.
(4) Such other signs as may be authorized as variances
by the Zoning Board of Appeals.
B. The following additional sign shall be allowed in the A-C
zone: a farm, garden or nursery shall be allowed to have
the signage permitted in business azeas.
C. The following signs will be allowed in the business areas
of the town, which shall include all azeas zoned RR, RO,
LB, HB, B, MI, MII, LIO and LI:
' (1) Two (2) of the following alternatives:
(a) A freestanding sign.
' (b) A business center directory sign.
(c) A window sign.
' (d) A wall sign or a roof sign.
i
A
gn.
temporary s
(2)
(3) If the appropriate circumstances exist, there may be
areal estate, subdivision or contractor sign.
(4) Such other signs as may be authorized as variances
by the Zoning Boazd of Appeals.
'
10126.3 i-u-ss
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§ 100.205.1 SOUTHOLD CODE § 100-209
D. Marinas may have a separate wall sign for the wall
frontage facing the waterfront azea they serve.
§ 100-206. Sign illumination. [Amended 11-29-1994 by
L.L. No. 25-1994]
A. Except as provided below, a sign may only be lit from an
external source. The sign must be shielded so that the
source of light is not visible from adjacent streets or
properties and so that the illumination is concentrated
on the sign.
B. Both neon and internally illuminated signs aze
prohibited, except that freestanding, business center and
wall signs in shopping centers ar in areas zoned Hamlet
Business may be internally illuminated. An existing sign
which is capable of internal illumination may continue in
use in other zones if the lights are not turned on.
C. Farm, garden or nursery signs may only be illuminated
during the hours of business operations.
D. Wiring, raceways and appliances of a sign illuminated by
electricity fmm outside shall conform to the regulations
of the fire underwriters and shall bear the appropriate
stamp signifying such conformity.
§ 100-207. Unsafe, abandoned and unlawful signs.
(Amended 11-29-1994 by L.L. No. 25-1994]
A. The owner of a sign and the owner of the premises on
which such sign is located shall be jointly liable to
maintain such sign, including its illumination sources, in
a neat and orderly condition and good working order at
all times and to prevent the development of any rust,
corrosion, rotting or other deterioration in the physical
appeazance or safety of such sign.
B. If the Building Inspector shall find that any sign
regulated herein is unsafe, insecure, damaged,
L~
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§ 100-207
ZONIIQG
§ loo-ao7
deteriorated or a menace to the public or has been
erected in violation of the provisions of this chapter, he
shall give written notice by certified mail to the owner of
the premises on which such sign is located, as shown on
the latest town assessment ro1L Said sign and all
appurtenances shall be taken down and removed by the
owner, agent or person having the beneficial use of the
building or structure upon which such sign may be found
within thirty (30) days after written notification from the
Building Inspector. Upon the failure to comply with such
notice within the time specified therein, the Building
Inspector is authorized to remove or cause the removal of
such sign at the expense of the person or persons named
in such notice. Upon such removal, all costs and
expenses incurred by the town for the removal and
storage of such sign shall be assessed against the land on
which such sign was located, and a statement of such
expenses shall be presented to the owner of the land. If
such statement is not paid within thirty (30) days after
its presentment, the Building Inspector may file a
statement with the Town Assessors, identifying the
property in connection with which such expenses were
incurred and the owner thereof as shown on the latest
assessment mll of the town. The Assessors, in the
preparation of the next assessment roll, shall assess
such amount upon such property. Such amount shall be
included in the levy against such property, shall
constitute a lien and shall be collected and enforced in
the same manner, by the same proceedings, at the same
time and under the same penalty as is provided by law
for the collection and enforcement of real property taxes
in the Town of Southold. The owner of the sign removed
by the Building Inspector as hereinbefore provided shall
not be permitted to redeem such sign until all expenses
of removal and storage have been paid.
C. If, in the determination of the Building Inspector, a sign
is an immediate peril to persons or property, he may
cause such sign to be removed summarily and without
notice. The cost of such removal shall be paid by the
10126.5 1-25-95
n
~~
§ 100-20? SOUTHOLD CODE § 100-209
town, and such amount shall be and become a lien upon
the premises in question and shall be levied and
collected in the same manner and under the same '
penalties as an assessment of a public improvement.
§ 100-208. Transition. [Added 11-29-1994 by L.L. No. '
25-1994]
For a period of six (6) months after adoption of this Article, a '
person may obtain a sign permit for a sign e8isting prior to the
date of adoption, which sign conforms to the provisions of the
newly adopted Code or the prior repealed Code. Thereafter, a '
sign permit may only be issued for a sign which conforms to the
provisions of this Cade.
§ 100-209. Nonconforming signs. [Added 11-29-1994 by i
L.L. No. 25-1994]
A. Any sign which holds a permit under the prior repealed
Code but which does not conform to the provisions of this ,
chapter shall be deemed a nonconforming sign. A
nonconforming sign may be continued, without
enlargement, reconstruction or relocation, until it loses
its nonconforming status through the occurrence of any
of these events:
(1) The nonconforming use is damaged or deteriorated '
so that the cost of repair or replacement exceeds
fifty percent (50%) of the original value of the sign.
(2) The business which is served by the nonconforming ,
sign changes to a new use or service (e.g., retail to
food).
(3) The business which is served by the nonconforming ,
sign has been discontinued for a period of two (2)
years or more. '
10126.6 1-25-95
§ 100-209
ZONING
§ loo-211
B. When a sign loses its nonconforming status, it shall be
brought into compliance with this Code and obtain a new
permit, or it shall be removed.
ARTICLE XXI
Landscaping, Screening and Buffer Regulations
[Added 1-10-1989 by L.L. No. 1-1989]
§ 100-210. Purpose.
The following standazds are intended to enhance the
appeazance and natural beauty of the town and to protect
property values through preservation and planting of
vegetation, screening and landscaping material. Specifically,
these standards aze intended to enhance the appearance of
major travel corridors and business azeas; to reduce excessive
heat, glare and accumulation of dust; to provide privacy from
noise and visual intrusion; and to prevent the erosion of the
soil, excessive runoff of drainage water and the consequent
depletion of the groundwater table and the pollution of water
bodies.
§ 100-211. General requirements.
The following provisions shall apply to any use in all zoning
districts:
A. Landscaping, trees and plants required by these
regulations shall be planted in a growing condition
according to accepted horticultural practices, and they
shall be maintained in a healthy growing condition. Any
landscaping, trees and plants which are in a condition
that does not fulfill the intent of these
(Cont'd on page 10127)
' 10126.7 i-zs-ss
§ 100-211 ZONING § 100-211
regulations shall be replaced by the property owner during
the next planting season for the particular plant material.
II
~J
LJ
B. A screening fence or wall required by these regulations shall
be maintained by the property owner in good condition
throughout the period of the use of the lot, subject to the
following conditions:
(1) Any land that is or has been designated or required to be
a screening area, buffer area or paved area pursuant to
an approval by the Town Board, Planning Board or
Zoning Board of Appeals of aqv grant of an application
for a change of zone, variance or site plan approval or
which is required by ordinance or local law must be
maintained by the owner of the property or any of the
owners, successors in interest or assignees.
(2) When it is determined by the Planning Board that any
land is not maintained pursuant to such grant or law, the
Building Inspector shall notify the owner of record of
such land, by certified mail to the address shown on the
last completed assessment roll, to erect, replace, repair or
maintain fences, trees, plantings, shrubbery or other
screening or paved areas pursuant to the plan or law.
(3) In the event that the owner of record does not comply
with the notice within thirty (30) days of the date of said
mailing, the Building Inspector may take the appropriate
action to erect, replace, repair or maintain fences, trees,
plantings, shrubbery or other screening or paved areas on
the designated land. The Building Inspector shall certify
by affidavit the costs incurred either by the Department
or the Town Board. The Town Board shall, by resolution,
instruct the Town Clerk to publish a public notice that a
public hearing will be held for the purpose of adding to
the assessment roll of the described lot or parcel the costs
incurred and that, at the public hearing, the Town Board
will hear and consider any objection which may be made
to such roll. The publication of such notice shall not be
less than ten (10) days before the time specified for such
hearing. The Town Board, after public hearing, may then
10127 2-~-~
§ 100-211 SOUTHOLD CODE § 100-212
cause such assessment to become a lien and may direct
the Town Assessors to place it on the assessment roll.
C. All landscaping, trees and planting material adjacent to
parking areas, loading areas or driveways shall be properly
protected from vehicular damage by barriers, curbs or other
means.
D. To the extent possible, existing trces, vegetation and unique
site features, such as stone walls, shall be retained and
protected. Existing healthy, mature trees, if properly located,
shall be fully credited against the requirements of these
regulations.
E. Where lot size and shape or existing structures do not make it
feasible to comply with the requirements for a front
landscaped area or landscaped parking area, the Planning
Board may approve planters, plant boxes or pots containing
trees, shrubs and/or flowers to comply with the intent of these
regulations.
F. In cases where the edge of the pavement within a public right-
of-way does not coincide with the front lot line, the property
owner shall landscape the area between the front lot line and
the edge of the street pavement.
§ 100.212. Front landscaped area
A front landscaped area shall be required for al] uses in all zoning
districts. The required landscaped area shall be covered with grass or
other ground cover and shall include appropriate trees and shrubs. As
a minimum, in all nonresidential districts and in the Hamlet Density
Residential and R-40 I.ow-Density Residential Districts, one (1) shade
tree having a caliper of two (2) inches shall be planted within the front
landscaped area for each forty (40) feet or fraction thereof of lot
frontage. The purpose of the landscaping is to enhance the appearance
of the use on the lot but not to screen the use from view.
A. Residential districts. In al] residential districts, required front
yards, except for the driveway, shall be landscaped with grass
or other suitable ground cover, trees and/or shrubs.
16128 z~z~~ss
LJ
u
II
I~
§ 100-212 ZONING § 100-213
B. Nonresidential districts. In all nonresidential districts, there
shall be a landscaped strip in the front yard area; in the
Limited Business, General Business and Light Industrial
Pazk/Planned Office Park and Light Industrial Districts, the
strip shall betwenty-five (25) feet, and in the Marine I and II
Districts, the landscaped strip shall be fifteen (15) feet deep
along and contiguous to the front lot line of the property.
There shall also be a landscaped area five (5) feet wide
abutting the front of the building in all nonresidential
' districts, including the Hamlet Business District.
§ 100-213. T'ransitfon buffer area.
' The purpose of the transition buffer area is to provide privacy from
noise, headlight glare and visual intrusion to residential dwellings. A
' buffer area shall be required along all boundaries of a nonresidential
lot abutting any lot in a residential district. Such buffer area shall
comply with at least the following minimum standards:
' A. The buffer area shall be located within the boundaries of the
subject property.
B. The minimum width of buffer areas shall be as follows:
(1) Hamlet Business District: fifteen (15) feet.
(2) Mazine I and II Districts: twenty (20) feet.
(3) Limited Business District: twenty (20) feet.
(4) General Business District: twenty-five (25) feet.
' (5) Industrial districts: thirty (30) feet.
(6) Any district other than a residential district adjoining
land owned or maintained by New York State, Suffolk
' County or Southold Town with current or potential use as
parkland: twenty-five (25) feet.
C. The buffer area shall be of evergreen planting of such type,
height, spacing and arrangement as, in the judgment of the
Planning Boazd, will effectively screen the activity on the lot
from the neighboring residential area. As a minimum, the
planting shall consist of a double row of trees six (6) feet in
10129 5-25-89
§ 100-213 SOUTHOLD CODE § 100-214
height planted at intervals of ten (10) feet on center.
Nonevergreen planting may be included to supplement
evergreen planting, but not to take its place.
D. A landscaped earthen berm, wall or fence of a location, height, '
design and materials approved by the Planning Board may be
accepted for any portion of the required planting and/or
buffer area. ,
E. Where the existing topography and/or landscaping provides
adequate screening, the Planning Boazd may accept the '
existing planting and/or buffer area as the required planting.
§ 100-214. Landscaped parking area ,
In addition to the front landscaped area and buffer area
requirements, parking areas shall comply with the following
minimum standards: '
A. All uses required to provide twenty (20) or more off-street
pazking spaces shall have at ]east ten (10) squaze feet of
interior landscaping within the paved portion of the pazking ,
area far each parking space and at least one (1) tree with a
two-inch caliper for every ten (10) parking spaces or fraction
thereof. Each separate landscaped area shall contain a
minimum of one hundred (100) square feet, shall have a ,
minimum dimension of at least eight (8) feet, shall be planted
with grass or shrubs and shall include at least one (1) tree of
not less than two-inch caliper.
B. A landscaped azea shall be provided along the perimeter of
any parking area except that portion of the parking area
which provides access to a street or parking facility on an '
adjacent lot. Accessways to adjacent lots shall not exceed
twenty-four (24) feet in width and shall not exceed two (2) in
number for each purpose. The landscaped area shall have a '
minimum dimension of four (4) feet, shall be planted with
grass or shrubs and shall include at least one (1) tree of not less
than two-inch caliper for every forty (40) feet along the
perimeter of the pazking area. In cases where the parking '
area adjoins a public sidewalk, the required landscaped area
shall be extended to the edge of the sidewalk.
10130 s-zs-as
§ 100-214 ZONING § 100-220
C. Trees used in pazking lots shall include honey locust,
pine, oak or other similaz fast-growing, hazdy varieties
' or existing trees where appropriately located.
§ 100-215. Properties located adjacent to creeks.
The rear yazds of properties located adjacent to creeks shall
include natural vegetation and/or shall contain suitable planted
vegetation to a minimum of 20 feet inland from the mean high-
water-line elevation or wetland boundary to prevent erosion of
the shoreline. Vegetation within the buffer strip shall not be
' fertilized or chemically treated.
ARTICLE XI~I
' Farmland Bill of Rights
[Added 5-27-1997 by L.L. No. 11-1997]
§ 100-220. Right to farm.
A The Town Boazd of the Town of Southold finds that
farming is an essential activity within the Town of
Southold. Farmers provide fresh food, clean air, economic
diversity and aesthetic open spaces to all the citizens of
our town. In addition, land in agricultural uses requires
' less tax dollazs for services than does land with
residential or commercial development. Accordingly,
farmers shall have the right to farm in Southold without
undue interference from adjacent landowners or users.
' For the purpose of reducing future conflicts between
people residing on tracts adjacent to farmlands and
farmers, it is necessary to establish and give notice of the
' nature of the farming activities to future neighbors of
farmland and farming activities.
B. Agricultural activities conducted on farmland,
' undertaken in compliance with applicable federal, state,
county and town laws, rules and regulations, aze
presumed to be good agricultural practices and
' presumed not to adversely affect the public health safety
10131 8-10-97
~J
§ 100-220 SOUTHOLD CODE § 100-221
and welfare. We find that whatever nuisance may be
caused to others by such uses and activities, so
conducted, is more than offset by the benefits from
farming to the community. Therefore, all such activities
shall be protected farm practices within the Town of
Southold.
§ 100-221. Definitions.
When used in this chapter, the following terms shall have the
meanings indicated:
CROPS, LIVESTOCK AND LIVESTOCK PRODUCTS -
Include but are not limited to the following:
A. Field crops, including corn, wheat, oats, rye, bazley,
hay, potatoes and dry beans.
B. Fruits, including apples, peaches, grapes, cherries
and berries.
C. Vegetables, including tomatoes, snap beans,
cauliflower, pumpkins, cabbage, carrots, beets and
onions.
D. Horticultural specialties, including nursery stock,
ornamental shrubs, ornamental trees and flowers.
E. Livestock and livestock products, including cattle,
sheep, hogs, goats, horses, poultry, fur bearing
animals, milk, eggs and furs.
F. Maple syrup.
G. Christmas trees derived from a managed Christmas
tree operation whether dug for transplanting or cut
from the stump.
H. Farm woodland, meaning land used for the
production for sale of woodland products, including
but not limited to logs, lumber, posts and firewood.
I. Horse boazding operations.
10132 s-io-s~
LJ
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1
'i~
L
1
§ 100-221 ZONING § 100-223
J. Bees/honey.
§ 100.222. Right to undertake protected farm practices.
A. Farmers shall have the right to undertake protected
farm practices in the active pursuit of agricultural
operations, including, but not limited to: cleazing;
grading; plowing; aerial and ground spraying; the use of
legal agricultural chemicals (including herbicides,
pesticides and fertilizers); raising horses, poultry, small
livestock and cattle; processing and mazketing produce;
installing water and soil conservation facilities; utilizing
farm crop protection devices; designing and constructing
and using farm structures, including barns, stables,
paddocks, fences, greenhouses and pump houses; using
water; pumping; spraying; pruning and harvesting;
disposing of organic wastes on the farm; extensive use of
farm laborers; training and others in the use and care of
farm equipment, animals; traveling local roads in
properly mazked vehicles; and providing local farm
produce mazkets neaz farming azeas.
B. These activities can and do generate dust, smoke, noise,
vibration and odor. These activities may occur on
holidays, Sundays and weekends, at night and in the
day. Such activities are presumed to be reasonable. Such
activities do not constitute a nuisance unless the activity
has a substantial adverse effect on the public health,
safety and welfaze.
§ 100.223. Right to notice provided by town agencies.
A. The Town Planning Boazd, the Town Boazd and the
Zoning Boazd of Appeals shall require, as part of any
approval of any development immediately adjacent to or
within 500 feet of any pazcel of at least five acres in size,
which, at the time of such approval, is in active
agricultural use, that a notice of protected farm practices
be given to all purchasers of such developed property.
10132.1 a-io-sv
§ 100-223 SOiTfHOLD CODE § 100-226
B. The notice of protected farm practices shall be included
in permanent covenants and restrictions which shall run
with the land on each parcel when such pazcel is
subdivided or developed.
C. If, in any development, it is the intent to make the
common or green space available for agriculture, the
notice of protected farm practices shall be included in
permanent covenants and restrictions.
§ 100-224. Right to notice by brokers and agents.
All persons dealing in real estate in the Town of Southold as
brokers, representatives or agents of the owners, of any pazcel
of land adjacent to any pazcel of land of at least five acres in
sire currently in agricultural use shall provide to every
purchaser or such parcel an original and one copy of the notice
of protected farm practices at the time of a potential purchaser's
consideration and inspection of the parcel. The person dealing
in real estate shall have such purchaser sign and date the
duplicate copy of the notice. The notice of protected farm
practices form shall be available to all persons required to
provide such notices free of chazge from the Town Clerk's office.
§ 100-225. Enforcement.
Failure to comply with any provision of this chapter shall
constitute a violation.
§ 100-226. Severability.
If any part or provision of this article or the application
thereof to any person, entity or circumstances shall be adjudged
invalid by any court of competent jurisdiction, such judgment
shall shall be confined in its operation and enforcement to the
part of or such provision of or application directly involved in
the controversy in which such judgment shall have been
rendered and shall not affect or impair the validity of the
10132.2 s-io-sv
LJ
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§ 100-226 ZONING § 100-230
remainder of this article or the application thereof to other
persons, entities or circumstances.
ARTICLE XXIII
Supplementary Regulations
' [Added 1-10-1989 by L.I.. No. 1-1989]
§ 100-230. Exceptions and modifications.
' A. Established front yazd setback. Where property in the
vicinity is improved with principal buildings with front
yazds of less than that required by the provisions of this
chapter, the front yazd setback shall be the average
' setback of the existing buildings within 300 feet of the
proposed building on the same side of the street within
' the same use district.
B. Exceptions to lot depth requirements. The minimum lot
depth at any point may be decreased to 75% of the
m;n;mum requirement If the average depth conforms to
the minimum requirement.
C. Excepticns to yard requirements.
(1) Permitted obstructions. Cornices or cantilevered
roofs may project not more than two feet into a
required yazd. Belt courses, windowsills and other
ornamental features may project not more than six
inches into a required yard. Fences or walls not over
four feet in height may be erected anywhere on the
lot, except as set forth in § 100-232 herein. Paved
' terraces, steps and walks (other than such as are
needed for access to the buildings on the lot) shall
not project within 15 feet of a street line or four feet
' of a property line.
(2) Entries and porticos. Aroofed-over but unenclosed
projection in the nature of an entry or portico, not
more than six feet wide and extending not more
than five feet out from the front wall of the building,
shall be exempt from the requirements of this
1
10133 x-io-es
§ 100-230 SOLTTHOLD CODE § 100-230
section when the building otherwise complies with '
the regulations of this section. In computing the
average setback, the presence of such entries and '
porticos shall be ignored. [Amended 7-13-1993 by
L.L. No. 12-1993]
(3) Permitted projections. In any district, chimneys on
residential, public or semipublic buildings may '
project into a required yazd to the extent of not more
than two feet. In any residential district, terraces or
steps may project into any required yazd, provided
that no part thereof is nearer than four feet to any
lot line. [Amended 7-13-1993 by L.L. No. 12-1993]
D. [Amended 11-12-1997 by L.L. No. 26-1997] Height ,
exceptions. The height limitations of this chapter shall
not apply to:
(1) Spires, belfries, cupolas and domes not for human
occupancy; and monuments, transmission towers,
excluding telecommunication towers, chimneys,
derricks, conveyors, flagpoles, radio towers,
television towers and television aerials, provided
that no television or radio aerial shall be located
neazer to any overhead electric transmission line
carrying more than 220 volts than a distance equal '
to the aerial's height above the roof or other
permanent structure to which it is attached.
(2) Bulkheads, observation towers, monitors, fire
towers, hose towers, cooling towers, water towers,
grain elevators or other structures where a
manufacturing process requires greater height but ,
excluding wireless communication Facilities,
provided that any such structures that aze located
on any roof azea that exceed in height the limits in ,
the particulaz district shall not in the aggregate
occupy more than 20% of the horizontal azea of the
roof and are set back one foot from the edge of the '
roof for each additional foot in height greater than
the specified height.
t
10134 z-io-sa
§ 100-230
1
1
ZONING § 100-230
(3) All mechanical equipment necessary to operate
building services, which equipment is located on the
roof of a structure, shall be screened in a manner
approved by the Planning Boazd.
E. Retail sales in residential districts. Notwithstanding any
other provision of this chapter, all premises located in
any residential district and upon which retail sales aze
conducted shall be subject to site plan approval by the
Planning Boazd, pursuant to the provisions of Article
XXV.
F. [Added 5-31-1994 by L.L. No. 10-1994] Exceptions for
accessory buildings and structures. Notwithstanding any
other provision of this chapter, accessory buildings and
structures in all zoning districts must comply with the
location and minimum setback requirements provided at
§ 100-33, with the following provisions:
(1) An accessory building may be otherwise located
when attached by a breezeway, provided that it is
used only for accessory storage or gazage purposes
and meets all setback provisions required for the
main, principal building.
(2) In the event of a change from an accessory storage
or garage use to livable floor azea, the breezeway
and gazage-storage azea may only be converted by
direct access between the rooms and made an
integral part of the existing livable floor area of the
principal building for single-family use.
(3) Other types of additions which connect two
buildings must meet the setback requirements for
the principal building.
(4) Deck and/or patio additions to a principal building
which do not connect two structures or buildings aze
permitted if they meet principal building setbacks.
10134.1 s-io-ss
§ 100-231 SOUTHOLD CODE § 100-233
§ 100-231. Height of fences, walls and berms. [Amended
11-24-1992 by L.L. No. 25-1992]
Fences, walls or berms may be erected and maintained,
subject to the following height limitations:
A. When located in the front yazd of residential zones, the
same shall not exceed four feet in height When located in
the front yazd of nonresidential zones, the same shall not
exceed six feet in height.
B. When located in or along side and reaz yards, the same
shall not exceed 61/z feet in height.
§ 100.232. Corner lots.
A. On a corner lot, front yazds are required on both street
frontages, and one yazd other than the front yazd shall
be deemed to be a reaz yazd, and the other or others side
yazds.
B. On all corner lots, berms, walls, fences and hedges or any
other potential obstruction to vision shall not exceed a
height of 21/z feet above the average street level within
an isosceles triangle having thirty-foot sides along each
street to preserve sight lines for traffic.
§ 100.233. Building length and separation for buildings
containing multiple dwellings.
A. No building shall exceed 125 feet in length.
B. The minimum distance between principal buildings shall
be equal to two times the height of the highest building,
and the minimum distance between a principal and an
accessory building shall be 20 feet.
10134.2 z-io-ss
§ 100-234 ZONING § 100-235
' § 100
234
C
.
.
ourts.
A. Inner courts. An inner court is permitted in multifamily
t dwelling developments if the minimum dimension of
such court is not less than two times the average height
of all surrounding walls, but not less than 60 feet. The
height of walls surrounding an inner court shall be
measured from finished grade to the base thereof to the
top of such wall, except that, in the case of roofs with a
slope exceeding five inches vertical to 12 inches
' horizontal, the height shall be measured to the mean
point of the roof.
B. Outer courts. The minimum width of an outer court shall
' be 20 feet, and the depth thereof shall not exceed its
width.
'
§ 100-235. Access requirements.
t
A. Street access.
(1) No building shall be erected on a lot that does not
have direct access to a public street in accordance
with § 280-a of the Town Law.
(2) All buildings and structures shall be so located as to
provide safe and convenient access for servicing, fire
and police protection and off-street parking and/or
loading.
(Cont'd on page 10135)
10134.3 z-io-ss
1
§ 100-235
1
1
ZONING
§ 100-237
B. Residential reaz or flag lots and accessways. Any reaz 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 reaz 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 3-261991 by L.L. No. 5-1991; 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. 35-1992]
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. 261992]
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 ~-ss-ss
§ 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) Nit
f
ti
f
tt
th
t
i
l ,
on or o
ra
ng o
co
o
er ma
er
a
s.
(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 v-sa-es
§ 100-237 ZONING § 100-237
' (8) Reduction and processing of wood pulp and fiber,
including paper mill operations.
1
(Cont'd on page 10137)
10136.1 ~-u-~
§ 100-237 ZONING § 100-239
E. Operations involving stockyards, slaughterhouses and
slag piles.
F. Storage of explosives.
G. Quarries.
I3. Storage of petroleum products. Notwithstanding any
other provisions of this chapter, storage facilities with a
total combined capacity of more than twenty thousand
(20,000) gallons, including all tanks, pipelines, buildings,
structures and accessory equipment designed, used or
intended to be used for the storage of gasoline, fuel oil,
kerosene, asphalt or other petroleum products, shall not
be located within one thousand (1,000) feet of tidal
waters or tidal wetlands.
r § 100-235. Provisions for community water, sewer and
utility facilities.
Where public sewer and/or public water and/or public or
private utility systems are required, no building or premises to
be serviced by such systems shall be used or occupied nor shall
a certificate of occupancy be issued with respect to the use and
occupancy of such buildings and/or premises unless and until
all such required systems and facilities have been constructed
and are in proper operating condition and have been approved
by all agencies having jurisdiction thereof.
§ 100-239. Land under water; filled land.
Streams, ponds, tidal marshes and portions of Long Island
Sound and its various bays and estuaries, lying within the
boundaries of the Town of Southold, whether or not so indicated
on the Zoning Map as being in a particular use district, shall be
considered as being in the most-restricted use district abutting
thereon, and such zoning classification shall continue in force
regardless of any filling or draining of such lands. Nothing
herein contained shall be construed to permit the filling or
10137 a-as-ss
§ 100-239 SOUTHOI.D CODE § 100-239.2
'
dredging of such land. For the purpose of computing density for
the development of any lot or lots, no land under water, unless
filled pursuant to law, shall be included in computing the
minimum lot area for each dwelling unit permitted under the
appropriate zoning district in which the property lies.
$ 100-239.1. Excavations. [Amended 6-IS-1993 by L.L. No.
9-1993]
No excavation of any kind shall be permitted except in
connection with the construction in the same lot of a building
for which a building permit has been duly issued. In the event
that a building operation is arrested prior to completion and the '
building permit therefor is allowed to lapse, within six (6)
months after the date of expiration of such permit, the premises
shall be cleared of any rubbish or other unsightly
accumulations, and topsoil shall be replaced over all areas from
which such soil may have been removed. Any excavation for a
basement or foundation with a depth greater than three (3) feet
below grade shall be either filled or surrounded by a substantial '
fence adequate to deny children access to the area and
adequately maintained by the owner of the premises.
§ 100-2392. Tourist camps, camp cottages and trailers.
A. Permits required. No tourist camp shall be established, ,
maintained or operated in any district nor shall any tent,
tent house, camp cottage, house car or trailer to be used
or occupied as a place for living, sleeping or eating,
whether charge is or is not made, be erected or placed
therein, unless authorized by the Town Board pursuant
to the provisions of Chapter 88, Tourist and Trailer
Camps.
B. Automobile trailers or house cars. Notwithstanding any
other provisions of this chapter, a single automobile
trailer or house car may be located outside a tourist
camp only when authorized by the Town Board and
10138 a-as-as
§ 100-239.2 ZONING § 100-239.4
subject to such conditions as may be prescribed by the
Town Board.
C. Exemptions. This section shall not be deemed to apply to
the temporary or seasonal camp of any unit of the Boy
Scouts of America or the Girl Scouts of America or other
such organizations under the leadership provided by said
organizations, respectively.
1
~'
§ 100-239.3. (Rsserved)10
§ 100-239.4. Building setback requirements adjacent to
water bodies and wetlands. [Added 3-14-1989
by L.L. No. 3-1989]
Notwithstanding any other provisions of this chapter, the
following setback requirements shall apply to all buildings
located on lots adjacent to water bodies and wetlands:
A. Lots adjacent to Long Island Sound, Fishers Island
Sound and Block Island Sound. [Amended 11-24-1992
by L.L. No. 20-1992]
(1) All buildings located on lots adjacent to sounds and
upon which there exists a bluff or bank landwazd of
the shore or beach shall be set back not fewer than
one hundred (100) feet from the top of such bluff or
bank.
(2) Except as otherwise provided in Subsection A(1)
hereof, all buildings located on lots adjacent to
sounds shall be set back not less than one hundred
(100) feet from the ordinary high-water mark of said
sound.
(3) Buildings which aze proposed landwazd of existing
principal dwellings shall be exempt from the
10 Editor's Note: Former § 1OQ299.8, Herm& was deleted 11-24188E by r. r. No. 24-1982.
10139 z-2s-ss
§ 100-239.4 SOUTHOLD CODE § 100-239.5
requirements set forth in Subsection A(1) and A(2)
hereof. [Added 6-15-1993 by L.L. No. &1993]
B. All buildings located on lots upon which a bulkhead,
concrete wall, riprap or similar structure exists and
which are adjacent to tidal water bodies other than
sounds shall be set back not less than seventy-five (75)
feet from the bulkhead. The following exceptions will
apply:
(1) Buildings which are proposed landward of existing
buildings.
(2) Lands which are not bulkheaded and are subject to
a determination by the Board of Town Trustees
under Chapter 97 of the Code of the Town of
Southold.
(3) Docks, wharves, pilings, boardwalks, stairs,
promenades, walkways and piers, which are
accessory and separate from existing buildings or
accessory structures.
C. [Amended 6-15-1993 by L.L. No. 5-1993] All buildings
located on lots adjacent to any freshwater body shall be
set back not less than seventy-five (75) feet from the edge
of such water body or not less than seventy-five (75) Feet
from the landward edge of the freshwater wetland,
whichever is greater. The following exception will apply:
(1) Lands which are not bulkheaded and are subject to
a determination by the Baard of Town Trustees
under Chapter 97 of the Code of the Town of
Southold.
§ 100-239.5. Lighting restrictions. [Added 12-27-1994 by
L.L. No. 30-1994]
This section is adopted pursuant to the town's police power.
This section prohibits excessive light and glare by any use,
restricts lighting in the middle of the night and sets a
maximum height for lights to minimize the potential for glare.
i
10140 E-26-86
§ 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 standazds:
(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 611-1996 by L.L. No. 13-1996]
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 ~-~-~
§ 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 azeas.
§ 100-239.7. Long-term outdoor display or storage.
[Added 6-11-1996 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 ~-zs-ss
§ 100-240 ZONING § 100-241
ARTICLE XXIV
Nonconforming Uses and Buildings
[Added 1-10-89 by L.L. No. 1-1989]
§ 100-240. Purpose.
The purpose of this Article is to reduce or minimize impacts of uses
and buildings which do not conform to the use or bulk requirements
set forth in this chapter, all uses and buildings that become
nonconforming by reason of any subsequent amendment to this
chapter and all buildings containing nonconforming uses.
§ 100-241. Nonconforming uses.
Except as provided hereinafter, nonconforming use of buildings or
open land existing on the effective date of this chapter or authorized
by a building permit issued prior thereto, regardless of change of title,
possession or occupancy or right thereof, may be continued
indefinitely, except that such building or use:
A. Shall not be enlarged, altered, extended, reconstructed or
restored or placed on a different portion of the lot or parcel of
land occupied by such use on the effective date of this chapter,
nor shall arty external evidence of such use be increased by arty
means whatsoever.
B. Shall not be moved to another location where such use would
be nonconforming.
C. Shall not be changed to another nonconforming use without
' approval by the Board of Appeals and then only to a use
which, in the opinion of the said Board, is of the same or of a
more-restrictive nature.
D. Shall not be changed back to ales-restrictive use if changed
to amore-restrictive nonconforming use.
E. Shall not be reestablished if such use has been changed to or
replaced by a conforming use.
F. Shall not be repaired or rebuilt unless the use is changed to a
conforming use if the nonconforming use is damaged by fire or
' other causes to the extent of fifty percent (50%) of its fair value.
10142.1 s-v-as
§ 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 Boazd
of Appeals.
§ 100.242. Nonconforming buildings with conforming
uses.
A. Nothing in this Article shall be deemed to prevent the
remodeling, reconstruction or enlazgement 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.
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 Yazd requirements of the Bulk
Schedule.lo
I (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) yeaz 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) yeaz
tU Editor's Note: The Bulls Schedule is ivetuded at the evd of this chapter.
10143 s-I-s~
§ 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 enlazged, 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.I.. No. 23-1995]
A. This section is intended to provide minimum standazds
for granting of a building permit for the principal
buildings of lots which aze recognized by the town under
§ 100-24, aze 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
(square Lot Froat Side Both Sides Reaz
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-i-s.
§ 100-244
Area
(square
feet)
60,000 to
79,999
40,000 to
59,999
20,000 to
39,999
Less than
20,000
ZONING
Lot Froat Side
coverage (feet) (feet)
20% 55 20
20% 50 20
20% 40 15
20% 35 10
§ 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 XX~~
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 sepazate ]ot as set forth in Article III, § 100-31A(1),
10145 6-1-97
§ 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 chazacteristics 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. ,i
§ 100-251. Findings of fact; purpose.
A. The Town Boazd wishes to protect the unique rural and s
open space chazacter 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
azeas, 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
(1) Protect the established chazacter 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-r.
i
§ 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)
'~
l
i
10146.1 s-i-sv
§ 100-251
i~
u
ZONING
§ 10()-252
(5) Mitigate the environmental impacts of new development
on the land, air and water resources.
§ 100-252. Objectives.
In considering and acting upon site development plans, the
Planning Board shall take into consideration the public health, safety
and welfare, the economic impact and the comfort and convenience of
the public in general and the residents of the immediate neighborhood
in particular and may prescribe appropriate conditions and
safeguards as may be required in order that the result of its action
may, to the maximum extent possible, further the expressed intent of
this chapter and the accomplishment of the following objectives in
pazticulaz:
A. Traffic access: that all proposed traffic accessways are
adequate but not excessive in number; adequate in width,
grade, alignment and visibility; are located in proper
relationship to intersections, pedestrian crossings and other
places of public assembly; and, further, are in conformance
with overall traffic safety considerations. Other public
agencies may require further improvements above and beyond
the town's requirements. Roadway improvements not directly
in front of the site may be necessary and required, based on
overall traffic circulation and signalization of ac>jacent access
points and streets.
B. Interior circulation and pazking. that adequate off-street
parking and loading spaces are provided to satisfy the pazking
needs of the proposed uses on site and that the interior
circulation system is so designed to provide convenient access
to such spaces consistent with pedestrian safety, and, further,
that loading areas shall not impede the flow of interior
pedestrian and vehicular traffic. Handicap accessibility shall
be provided and placed at the neazest point to the proposed
structure.
C. Landscaping and screening: that all parking, service and
similar areas are screened at all seasons of the year from view
10147 ~~zs-as
§ 100-252 SOUTHOLD CODE § 100-252
of adjacent residential districts and streets and that the
landscaping of the site complements the intended use. Existing
trees of at least six (6) inches or more in diameter measured
three (3) feet above the base of the trunk shall be retained to
the maximum extent possible.
D. Natural features: that high priority shall be given to:
(1) The conservation of all natural features on and adjacent
to the site, including but not limited to natural drainage-
courses, fresh- and saltwater wetlands and marshes,
dunes, bluffs, beaches, escarpments, woodlands, large ~I
trees, unique plant and wildlife habitats, flood hazard
areas and wildlife breeding areas.
(2) The protection of ground- and surface water from
contamination by pollutants.
(3) The protection of air quality.
E. Pavement: that all other paved areas intended for use by
pedestrians and vehicles shall make use of an aesthetically
pleasing and safe combination of pavements and plant
materials which would serve to encourage their use by
pedestrians and vehicles.
F. Lighting. that all outdoor lighting shall be of such a nature
and so arranged as to minimize the projection of direct light
and glare onto adjoining properties and streets. Outdoor
lighting shall be compatible with the intended use and also the
zoning district, particularly in or adjacent to residential zones.
G. Public address intercom or sound systems: that aqy sound or
public-address system shall be located to minimize sound to
adjoining properties or on the adjacent street
H. Grading and drainage: that all site developments shall respect
existing grades on site and on adjoining sites to avoid
unnecessary excavation or filling and that all stormwater
runoff generated on site will be retained on site in an
environmentally acceptable manner. Al] grading and drainage
plans must meet with the requirements of the Town Engineer
and/or Superintendent of Highways.
10148 'r-zs-as
§ 100-252 ZONING § 100-253
I. Public utilities: that plans for water supply and sewage
disposal, cable, telephone, electricity, gas, etc., shall be
considered and included in this section and shall conform
to such public requirements and standards as may exist.
J. Existing development and Comprehensive Development
Plan: that the development proposed is at a scale
consistent with existing development and with the
Comprehensive Development Plan of the Town of
Southold.
K. Architectural features: that the natural features of the
site and surroundings, exterior design and appearances
of existing adjacent structures and the chazacter of the
district are evaluated in accordance with the
architectural standards set forth in this chapter.
[Amended 5-15-1995 by L.L. No. 7-1995]
L. Handicapped access: that the site plan and building
design shall accommodate the needs of the handicapped
and be in conformance with the applicable state and
local standards concerning the same.
§ 100.253. Approval of site plan required.
A. No building permit shall be issued for any structure or
building for which use a site plan is pursuant to this
Chapter 100, until a determination has been made by
the Planning Board as to whether a site plan or an
amendment thereto is required and, if required, that an
approved site development plan or approved amendment
of any such plan has been secured by the applicant from
the Planning Board and presented to the Building
Inspector, along with all necessary approvals and
permits as may be required by other public agencies.
[Amended 5-15-1995 by L.L. No. 8-1995]
B. No regrading, clearing, tree removal or any other work
in preparation of future use of a site, except limited
clearing needed to undertake survey work or soils
investigations, may take place or be permitted to take
10149 s-io-ss
§ 100-253 SOUTHOLD CODE § 100-253
place until the site plan has been approved by the t
Planning Board.
C. No certificate of occupancy shall be issued for any
building, structure, premises, lot or use of land covered
by this Article unless the structure has been completed
(whether the structure is being constructed, renovated,
reconstructed, altered, moved or put into use), and the
site is developed in accordance with an approved site
development plan or approved amendment of any such
plan.
D. Upon request of the owner or his authorized agent for a
certificate of occupancy, the Building Inspector shall
issue the certificate, provided that said Building
Inspector, along with the Planning Board, shall find that
such building or structure and site is in conformity with
the approved site plan.
E. After a certificate of occupancy is issued, there shall be
no exterior alterations of a building that expand the
footprint or any revisions of the site or changes of use
without first obtaining Planning Board approval.
F. Failure to obtain site plan approval shall be a violation of
this Article and shall be subject to such penalties as are
set forth in § 100-285 of this chapter.
G. Upon recommendation of the Planning Board and
approval of the Town Attorney, the Building Inspector
may revoke an existing certificate of occupancy upon a
showing that the subject premises is being occupied or
used in violation ofan approved site plan and may direct
that such occupancy or use be discontinued. The Town
Attorney is authorized to commence proceedings in a
court of appropriate jurisdiction to restrain said use or
occupancy.
10150 s-io-ss
§ 100-254 ZONING § 100-254
I § 100-254. Review procedure.
A. Presubmission conference. Prior to the submission of a
site development plan, the applicant or his agent shall
meet with the Planning Board or its representative. The
purpose of such conference shall be to discuss proposed
' uses or development plan elements that shall be
submitted to the Planning Board in order for said Board
to determine conformity with the provisions and intent
of this Article. Said meeting shall take place within
thirty (30) calendar days from the date of written request
therefor.
B. Site development plan. Nine (9) copies of the site
development plan application and any related
information as defined during the presubmission
conference shall be submitted to the Planning Board
within four (4) months of the presubmission conference.
If a site development plan application is not submitted
within four (4) months following a presubmission
conference, another conference may be required by the
Planning Board.
(1) Within ten (10) business days of receipt of the
application, the Planning Board shall determine
whether to accept, reject or request revision of the
application.
(2) If the Planning Board determines said application to
be aceeptable but in need of revision, it shall notify
the applicant, in writing, wherein said application is
deficient within thirty (30) business days.
(3) In the case of a variance or special exception
application requiring site plan approval, the site
development plan application shall be subjected to
preliminary review and written comments by the
Planning Board within sixty (60) days of such
request by the Board of Appeals.
(a) In no case may the Planning Boazd grant site
plan approval prior to the issuance of a special
10151 6-30-95
§ 100-254 SOUTHOLD CODE § 100-254
exception by the Zoning Board of Appeals, if
such is required.
(b) Before the Planning Board can approve any
application for the amendment of a use or
structure for which a special exception was
granted, the applicant must obtain permission
from the Zoning Board of Appeals to expand or
otherwise alter or change either the use or the
structure.
(4) The Planning Board may vary or waive parking
requirements, provided that such change will not
have a detrimental effect on the public health,
safety or general welfare and will not have the effect
of nullifying the intent and provision of the Zoning
Code.
(a) The Planning Board may allow or require
landscaping to be installed in place of specified
parking spaces.
(b) On any site for which the Planning Board
grants approval for less than the required
number of spaces for that use, the Planning
Board shall have the right to review the
parking requirements again if a change of use is
proposed.
(5) Review of a new site plan for a lot on which an
approved site plan already exists shall not proceed
until the approved plan is withdrawn by the
applicant.
C. When the Planning Board determines said application to
be acceptable, it shall, within ten (10) business days of
such determination, distribute said application and
documentation to the town, county and state agencies
having jurisdiction, for their comment. Such referral
shall include a referral to the Architectural Review
Committee. The Architectural Review Committee shall
make a written recommendation to the Planning Board
10152 a-io-ss
§ 100-254
ZONING
§ 100-254
on the site plan within ten (10) business days of receipt
of the referral. If the Committee fails to make a recom-
mendation within this time period, the project shall
proceed to the Planning Board for consideration without
Committee view. [Amended 5-15-1995 by L.L. No.
7-1995]
D. Upon receipt and review of written comments from each
of the agencies to which the proposed site plan was
distributed, the Planning Board shall, within a
reasonable period of time, not to exceed thirty (30) days,
determine whether to require revisions to the proposed
plan.
E. No decision on the application shall be made until the
State Environmental Quality Review Actl process is
completed.
F. After the Planning Board has determined that the
proposed site plan is suitable for approval, it shall:
(1) Forward the plan to the Building Inspector for final
review and certification.
(2) Forward the plan to the Fire Commissioner of the
1 fire district within which the site is located for a
determination as to whether a fire well is needed
and, if so, its location.
(3) Notify the applicant, in writing, to make an
application for the appropriate curb cut permits.
(4) Submit the proposed site plan to the Suffolk County
Planning Commission in accordance with the
provision of the Suffolk County Charter, if
necessary.
(Cont'd on page 10153)
1 Editors Notr. See Art S of the Environmental Conservation Law,
10152.1 s - to -ss
§ 100-254 ZONING § 100-254
'
G. s certification, the
Upon receipt of the Building Inspector
Fire Commissioner's response, the curb cut permits and
the comments of the Suffolk County Planning
Commission, the Planning Board shall place the site
plan on the agenda of the next regularly scheduled
public meeting.
H. The Planning Board shall hold a public hearing to
consider the application. Notice shall be provided
pursuant to Chapter 58. [Amended 12-27.1995 by L.L.
No. 26-19951]
I. Prior to the Planning Board's endorsement of the site
plan, the applicant must sign a statement placed on the
site plan indicating his/her knowledge and acceptance of
the conditions of approval.
J. Amendments to an existing site plan may be acted upon
1 in the same manner as a new site plan.
K. A guaranty of performance may be required for all public
improvements as part of the conditions of approval. Such
guaranty shall be based on a listing of required site
improvements in accordance with Chapter A106 of this
Code.
L. Within ten (10) days of final approval, a copy of the
endorsed site plan shall be sent to:
' (1) The Building Department.
(2) The Town Engineer.
(3) The Town Trustees, when applicable.
(4) The Highway Department.
(5) The Zoning Board of Appeals, when applicable.
1 Fdltor'e Note: This local law oleo PtoAded for the raped of former Sobaeetion I
which dealt with giving notlca by certified mall and immediately loaowed this
whexMOn, and for the rdetterhig o[ former 8ubeaotloty J through N ae I tMoagh M
1 ___` _ -
10153 l-zs-ge
§ 100-254 SOUTHOLD CODE § 100-256
M. The Planning Board shall have the right to deny the
proposed site plan for lack of compliance with the
provisions of the Town Code. The Planning Boazd shall
notify the applicant, in writing, within ten (10) days of
such determination, of the reasons for such denial.
§ 100-255. Duration of plan.
A An approved site development plan shall be valid for a
period of three (3) years from the date of approval. All
work proposed on the plan shall be completed within
three (3) years fmm the date of approval unless a longer
period was approved or the applicant obtains an
extension from the Planning Boazd.
B. All site plans which have received final approval prior to
the enactment of this Article shall remain valid for a
period of three (3) years from the date of such enactment.
This period will begin when all governmental approvals
have been obtained.
§ 100-256. Application requirements; fees.
A Submission of a complete site plan application shall
consist of
(1) A completed site plan application form.
(2) The site plan review fee, as specified in Subsection B
below.
(3) A completed environmental assessment form.
(4) Nine (9) copies of the site plan.
(5) Four (4) copies of a property survey, certified by a
licensed land surveyor.
B. Fees.
10154 i-zs-es
§ 100-256 ZONING § 100-256
' (1) The application fee for a new site plan shall be one
hundred fifty dollars ($150.) per acre or any fraction
of an acre thereof, plus two and five-tenths cents
($0.025) per squaze foot of building area.
(2) The application fee for a revised site plan shall be
' one hundred fifty dollars ($150.), plus two and five-
tenths cents ($0.025) per square foot of building
area.
C. Standards. Site plan design shall include the following
items:
II
LJ
(Cont'd on page 10155)
10154.1 i-as-ss
LJ
L~l
JI
!~
§ 100-256 ZONING § 100-256
(1) Technical data
(a) The lot, block and section number of the property,
taken from the latest tax records.
(b) The name and address of the landowner on record:
[1] The names and addresses of adjoining
landowners.
[2] The name and address of the applicant, if not
the same as the landowner.
(c) The name and address of the person, firm or
organization preparing the map, sealed with the
applicable New York State license seal and
signature.
(d) Date, graphic scale and North point, whether true
or magnetic; if magnetic, show the date of reading.
(e) A survey prepared by a licensed surveyor or civil
engineer. The site plan may reference a land
surveyor's map or base reference map. All distances
shall be in feet and hundredths of a foot. All angles
shall be given to the nearest ten (10) seconds or
closer. The error of closure shall not exceed one (1) in
ten thousand (10,000).
(fj The locations, names and widths of all rightsof--way
within five hundred (500) feet of property lines. If
none exist within five hundred (500) feet of the
subject property, indicate the distance to the nearest
intersection with a public street.
(g) A separate key map showing location and owners of
all adjoining lands within five hundred (500) feet, as
shown on the latest tax records, at a scale of one (1)
inch equals one hundred (100) feet.
(h) The location, width and purpose of all existing and
proposed easements, setbacks, reservations and areas
dedicated to public use within or adjoining the
property.
10155 ~-zs-s9
§ 100-256 SOUTHOLD CODE § 100-256
(i) A complete outline of other existing easements, deed
restrictions or wvenants applying to the property.
(j) Existing zoning, including zone lines and
dimensions.
(k) Site plans drawn at the scale of one (1) inch equals
twenty (20) feet. If all required information cannot
be shown clearly on one (1) plan, the information
should be separated as follows:
[1] Alignment and schedule plan.
[2] Grading and drainage.
[3] landscaping.
[4] Other, e.g., site utilities.
(2) Natural features
(a) Existing contours with intervals of two (2) feet or
less, referred to mean sea level as per United States
Geological Survey datum.
(b) Boundaries of any areas subject to flooding or
stormwater overt7ows, tidal bays, saltwater marshes,
beaches and all freshwater bodies, including wet-
lands and intermittent streams, perimeter bounda-
ries of shoreline bluffs, dunes and beaches.
(c) The location of existing natural features, including
but not limited to natural drainage swales, water-
courses, wooded areas and wetlands, as defined by
the New York State Department of Environmental
Conservation and the Board of Trustees of Southold
Town, marshes, ponds, dunes, bluffs, beaches,
kettleholes, escarpments, wildlife habitats, flood
hazard areas, erosion-prone areas and trees of six (6)
inches in diameter at a point three (3) feet above the
trunk base.
(d) The location of any existing cultural and historical
features within five hundred (500) feet of the
property boundaries.
10156 z-zs-ss
§ 100-256 ZONING § 100-256
' (3) Existing building structures and utilities:
(a) The locations, dimensions and outlines of all
buildings, as defined in § 100-13 of this chapter,
and all uses of the site.
(b) Paved areas, including parking areas, sidewalks
and vehicular access between the site and
public streets.
(c) The locations, dimensions, grades and flow
directions of any existing culverts, waterlines or
sewage disposal systems, as well as other
underground and aboveground utility poles and
utility lines within and adjacent to the
property.
(d) The location and use of all buildings and
1 structures, including curb cuts, within two
hundred (200) feet of the boundary of the
subject property.
I (4) Proposed construction:
(a) The location of proposed buildings or structural
improvements, indicating setbacks from all
' property lines and horizontal distances from
existing structures.
(b) The location and design of all uses not requiring
structures, such as off-street parking and
loading areas and pedestrian circulation.
(c) The location, direction, power level and time of
use for any proposed outdoor lighting or public-
address systems.
(d) The locating and plans for any outdoor signs
must be in accordance with applicable sign
regulations.
(e) The location and details of aprons, curbs,
sidewalks, fencing (type and location), grading,
including existing and proposed topography
10157 s- to -s5
§ 100-256 SOUTHOLD CODE § 100-257
with two-foot contours [on site and two hundred ,
(200) feet beyond the property line] and spot
elevations for buildings and all structures,
drainage calculations, details of drainage
structures and watershed areas, where
applicable.
(fl Grading and drainage plans shall be based
upon site stormwater retention, in conformance
with Chapter A108, Highway Specifications.
(g) The location and listing of landscaping, ,~
buffering and street tree plans, including type,
material, size, quantity and location.
(h) The location of water and sewer mains,
electrical service, cablevision and telephone
installations, ground transformers, fire well and
fire hydrants and/or any alternate means of
water supply and sewage disposal and
treatment.
(i) Building elevations for all facades and floor
plans showing the proposed use of floor area.
§ 100-257. Architectural review standards. [Added
5-15-1995 by L.L. No. 7-1995]
Site plans shall be reviewed for conformance with the
following criteria:
A Appropriate diversity of design elements from another
structure or structures located or proposed to be located
on the same street or corner thereof and within five
hundred (500) feet of the site of the structure for which a
site plan or building permit has been requested, in
respect to one (1) or more of the following features of
exterior design and appearance:
(1) Substantially identical facade, disregarding color.
10158 s-io-ss
r
§ 100-257 ZONING § 100-257
(2) Substantially identical size and arrangement of
either doors, windows, porticoes, porches or garages
or other openings or breaks or extensions in the
facade, including reverse arrangements.
(3) Other substantially identical features, such as but
' not limited to setbacks from street lines, heights,
widths and lengths of elements of the building
design and exterior materials and treatments.
B. Minimize or eliminate visual discord or dissimilarity
with respect to other structures located or proposed to be
located on the same street or a corner thereof and within
five hundred (500) feet of the site of the structure for
which a building permit is requested, in respect to one
(1) or more of the following features of exterior design
and appeazance:
(1) Facade, disregarding color.
(2) Size and arrangement of doors, windows, porticoes,
porches or gazages or other openings, breaks. or
extensions in the facade.
(3) Other significant design features, such as but not
limited to heights, widths and lengths of elements
roof structures, exposed mechanical equipment,
service and storage areas, retaining walls,
landscaping, signs, light posts, pazking azeas and
fences, service and loading azeas.
C. Maxim;ze sensitivity to visual appeazance and qualities
' of exterior design, including with respect to signs,
considerations of the harmony of colors or compatibility
of the proposed structure with the terrain in which it is
to be located, including but not limited to excessive
divergences of the height or levels of any part of the
structure from the grade of the terrain.
10158.1 a-i-es
§ 100-258 SOUTHOLD CODE § 100-259
,
§ 100-258. Architectural Review Committee. [Added
5-15-1995 by L.L. No. 7-1995]
A. The Architectural Review Committee shall consist of five
(5) members appointed by the Town Board to serve at the
pleasure of the Board without compensation. If possible,
the members of the Committee shall be appointed from
the following categories: two (2) members shall be
architects or landscape architects, one (1) member shall
be from the Landmark Preservation Commission and ten
(10) members shall be appointed from the hamlets of the
town. The hamlet members shall vary and shall sit only
on the site plans which are proposed is their hamlet. The
hamlet members shall be from the following areas: two
(2) from )fishers Island, two (2) from Orient/East
Marion/Greenport, two (2) from Southold/Peconic, two (2)
from New Suffolk/Cutchogue and two (2) from
Mattituck/Laurel. [Amended 10-5-1995 by L.L. No.
20-1995]
B. The term of office of the Architect and Landmazk
Preservation Commission members of the Committee ,
shall be three (8) years, provided that those members
first appointed shall be appointed for one- ,two- and
three-year. terms, respectively. The hamlet members
shall be appointed for two-year terms, with the first
appointments to be appointed for aone- and two-yeaz
term, respectively.
§ 100-259. Land clearing. [Added 8-8-1995 by L.L. No.
17-19951
No ,person shall undertake or carry out land clearing,
including grading, clearing, cutting and filling, excavating or
tree removal associated therewith, without first having
1 EditoYa Note: This local Lw also provided as foaows:'The purpose of this ordinance
is Lo allow owners to fake advantage of the casting vegetation on-site whm developing
a Imdseaping plm as part of site plan approval, and W prevent clear cutting of
properties Prior to site Plan approval.
10158.2 a-1-ss
§ 100-259 ZONING § 100-260
obtained site plan approval. Weeding, gazdening, mowing and
the selective pruning of vegetation or selective cutting of
diseased or dead trees shall not be included herein. Any
landowner found guilty of violating this section shall be fined
up to five thousand dollars ($5,000.). Site plan approval shall be
withheld until and unless a plant restoration plan for that site
is approved by the Planning Board.
ARTICLE XXVI
Special Exception Uses
[Added 1-10-1989 by L.L. No. 1-1989]
§ 100-260. Purpose.
The provisions of this Article aze designed to provide for
administrative review of selected types of proposed land uses.
Certain uses which are allowable under zoning aze nevertheless
so likely to significantly affect their surroundings that they
require individual review to assure compatibility with existing
land use patterns, community character and the natural
environment before being permitted to come into existence.
Similarly, certain authorized uses may take on such diverse
1 forms in their actual implementation that it is wise to review
and pass upon the adherence of each individual proposal to
standazds and guidelines previously established for the use
involved. FSnally, the case-by-case review achieved by use of the
special exception approval mechanism can increase the
flexibility and appropriateness of local development review and
better enable local officials to avoid negative consequences
which sometimes arise from the otherwise lawful development
or use of a particulaz site.
(Cont'd on page 10159)
i
10158.3 li_1_ss
§ 100-261 ZONING § 100-262
§ 100-261. Special exception uses; approval required.
[Amended 11-24-1992 by L.L. No. 22-1992]
There is hereby created a category of land use approval to be
known as "special exception uses." Said uses may not be
commenced, created, undertaken, carried out or thereafter
maintained or substantially expanded without a special
exception approval first having been obtained therefor, which
special exception approval shall be granted for the use by the
Zoning Board of Appeals according to the provisions for the
particular special exception use set forth in this Article or
elsewhere in this chapter. Any land use, including the erection,
construction, reconstruction, alteration, demolition, moving,
conversion or change of use of any structure, shall be a special
exception use requiring a special exception approval if the text
of this chapter or the use schedule hereof denotes the use as
being either the subject of a special exception approval or
simply a special exception use. No building permit for any such
special exception use shall be issued until the required special
exception approval shall have been granted for the same and
the conditions imposed in such approval as prerequisites to a
building permit, if there be any, have been met.
§ 100-262. Application; hearing, approval; violations of
conditions.
` A. An application for a special exception approval shall be
on the form for the same provided by the Zoning Board of
Appeals and shall be submitted in triplicate to the
Zoning Board of Appeals, which shall review the
application far completeness and conformity with this
chapter. The Zoning Board of Appeals shall reject the
application if it is not complete or not in conformance
with the Zoning Code and shall notify the applicant as to
the reason for such rejection. If the application is
satisfactory, the applicant and the Zoning Board of
Appeals shall set the application down for a public
10159 io - ze -ss
§ 100-262 SOUTHOLD CODE § 100-262
hearing. The fee for a special exception shall be four
hundred dollars ($400.), as set forth in § 100-274.
[Amended 4-10-1990 by L.L. No. 4-1990; 12-11-1990
by L.L. No. 29-1990; 9-5-1993 by L.L. No. 19-1993]
B. Prior to taking action on any special exception use, the
Zoning Board of Appeals shall schedule a public hearing '
within forty-five (45) days after determination that the
application is complete. Within sixty (60) days following
the close of the public hearing, the Board shall render a
decision on the application. [Amended 6-15-1993 by
L.L. No. 10-1993]
C. [Amended 6-15-1993 by L.L. No. 10-1993] Effect of
approval. A special exception approval issued in
accordance with the provisions of this Article shall
authorize only the special exception use for which the
approval is granted. No use which is not a special
exception use hereunder shall be authorized by any such
approval. The approval may include reasonable
conditions which the Zoning Board of Appeals
determines to be necessary or appropriate to ensure that
the applicable general and specific standards and
safeguards set forth in this chapter for the use can and
will be met and/or adhered to. A special exception ,
approval shall be valid for a period of six (6) months but
may be extended for one (1) additional six-month period
by the Zoning Board of Appeals within the requirement
of new public notice of hearing. A continuing or
permanent land use authorized by a special exception
approval, which use is undertaken or begun during the
period of validity of such approval, shall thereafter be
deemed a lawful use as if the same were permitted by
this chapter without need for a special exception permit;
provided, however, that:
(1) All conditions imposed by the special exception
approval shall continue to apply unless they, by
their express terms, are of limited duration.
10160 30-25-83
r~
~~
§ 100-262 ZONING § 100-262
(2) All conditions imposed on special exception approval
uses generally or specifically by this chapter shall
continue to apply, regardless of whether any such
(Cont'd on page 10161)
u
n
J
L~
_I
r
~~
1016'0.1 10-25-93
§ 100-262 ZONING § 100-263
conditions were expressly incorporated into the
special exception approval.
(3) The Zoning Board of Appeals shall retain continuing
jurisdiction over the same.
D. [Amended 6-15-1993 by L.L. No. 10-1993] Violations
of conditions. A violation of any limitation or condition of
a special exception approval or of any provision of this
chapter applicable to a special exception use shall
constitute a violation of this chapter. The Zoning Board
of Appeals shall retain jurisdiction and shall have the
right, after a public hearing, to modify, suspend or
revoke such approval or any term or condition thereof or
to impose thereon one (1) or more new conditions, all on
the following grounds:
(1) False statements or mistake of material fact:
materially false or inaccurate statements in the
application, supporting papers or supporting
testimony or ignorance or misunderstanding of a
material fact by the Board, which fact, had it been
known to the Board at the time of its review, would
have resulted in a denial of the approval sought.
(2) Noncompliance with the terms and conditions of
such approval: failure of the applicant-permittee to
comply with any conditions or terms of the approval.
(3) Activity beyond such approval: exceeding the scope
of the activity, use or project as the same was
described in the application.
§ 100-263. General standards. [Amended 6-15-1993 by L.L.
No. 10-1993]
No special exception approval shall be granted unless the
Zoning Board of Appeals specifically finds and determines the
' following.
10161 s-~-9$
§ 100-263 SOiTPHOLD CODE § 100-264
A That the use will not prevent the orderly and reasonable
use of adjacent properties or of properties in adjacent use
districts.
B. That the use will not prevent the orderly and reasonable
use of permitted or legally established uses in the
district wherein the proposed use is to be located or of
permitted or legally established uses in adjacent use
districts.
C. That the safety, the health, the welfare, the comfort, the
convenience or the order of the town will not be
adversely affected by the proposed use and its location.
D. That the use will be in harmony with and promote the
general purposes and intent of this chapter.
E. That the use will be compatible with its surroundings
and with the character of the neighborhood and of the
community in general, particularly with regard to
visibility, scale and overall appearance.
F. That all proposed structures, equipment and material
shall be readily accessible for fire and police protection.
§ 100-264. Matters to be considered.
In making such determination, consideration shall also be
given, among other things, to:
A. The character of the existing and probable development
of uses in the district and the peculiar suitability of such
district for the location of any of such permitted uses.
B. The conservation of property values and the
encouragement of the most appropriate uses of land.
C. The effect that the location of the proposed use and the
location that entrances and exits may have upon the
creation or undue increase of vehicular traffic congestion
on public streets, highways or sidewalks to assure the
public safety.
10162 s-2s-sa
§ 100-264 ZONING § 100-264
D. The availability of adequate and proper public or private
water supply and facilities for the treatment, removal or
discharge of sewage, refuse or other effluent (whether
liquid, solid, gaseous or otherwise) that may be caused or
created by or as a result of the use.
E. Whether the use or the materials incidental thereto or
produced thereby may give off obnoxious gases, odors,
smoke or soot.
F. Whether the use will cause disturbing emissions of
electrical dischazges, dust, light, vibration or noise.
G. Whether the operation in pursuance of the use will cause
undue interference with the orderly enjoyment by the
public of parking or of recreational facilities, if existing
or if proposed by the town or by other competent govern-
mental agencies.
, H. The necessity far bituminous-surfaced space for purposes
of off-street pazking of vehicles incidental to the use and
whether such space is reasonably adequate and
appropriate and can be furnished by the owner of the
plot sought to be used within or adjacent to the plot
wherein the use shall be located.
I. Whether a hazazd to life, limb or property because of fire,
flood, erosion or panic may be created by reason of or as
a result of the use or by the structures to be used
therefor or by the inaccessibility of the property or
structures thereon for the convenient entry and
operation of fire and other emergency appazatus or by
the undue concentration or assemblage of persons upon
such plot.
J. Whether the use or the structures to be used therefor
will cause an overcrowding of land or undue
concentration of population.
K. Whether the plot area is sufficient, appropriate and
adequate for the use and the reasonably anticipated
operation and expansion thereof.
10163 s-u-ss
§ 100-264 SOUTHOLD CODE § 100-270
L. Whether the use to be operated is unreasonably near to a
church, school, theater, recreational area or other place
of public assembly. ,
M. Whether the site of the proposed use is particularly
suitable for such use.
N. Whether adequate buffer yards and screening can and
will be provided to protect adjacent properties and land
uses from possible detrimental impacts of the proposed
use.
O. Whether adequate provision can and will be made for the
collection and disposal of stormwater runoff, sewage,
refuse and other liquid, solid or gaseous waste which the
proposed use will generate.
P. Whether the natural characteristics of the site are such
that the proposed use may be introduced there without
undue disturbance or disruption of important natural
features, systems or processes and without risk of
pollution to groundwater and surface waters on and off
the site.
§ 100-265. Additional conditions and safeguards.
[Amended 6-15-1993 by L.L. No. 10-1993]
In deciding on any application for a special exception use, the
Zoning Board of Appeals may impose such conditions and
safeguards as it deems necessary or appropriate to preserve and
protect the spirit and the objectives of this chapter.
ARTICLE XXVII
Board of Appeals
[Last amended 1-10.1989 by L.L. No. 1.1989]
§ 100-270. Appointment; membership.
The Town Board shall appoint a Board of Appeals consisting '
of five (5) members, as provided by the Town Law.
10164 a-ss-as
§ 100-271 ZONING § 100-272
§ 100-271. Powers and duties.
In addition to such powers as may be conferred upon it by
law, the Boazd of Appeals shall have the following powers:
A. Appeals: to hear and decide appeals from and review any
order, requirement, decision or determination made by
the Building Inspector.
B. Variances: Where there are practical difficulties or
unnecessary hardships in the way of carrying out the
strict letter of these regulations, the Board of Appeals
shall have the power to vary or modify the application of
such regulations so that the spirit of this chapter shall
be observed, public safety and welfare secured and
substantial justice done.
C. Special exceptions, special permits and other approvals:
Whenever a use or the location thereof is permitted only
if the Board of Appeals shall approve thereof, the Boazd
of Appeals may, in a specific case and after notice and
public hearing, authorize such permitted use and its
location within the district in which this chapter
specifies the permitted use may be located.
D. Interpretations: on appeal from an order, decision or
determination of an administrative officer or on request
of any town officer, board or agency, to decide any of the
following:
(1) Determine the meaning of any provision in this
chapter or of any condition or requirement specified
or made under the provisions of this chapter.
(2) Determine the exact location of any district
boundary shown on the Zoning Map.
§ 100-272. Additional conditions and safeguards.
' In deciding any matter before it, the Board of Appeals may
impose such conditions and safeguards as it deems necessary or
10164.1 a-zs-as
§ 100-272 SOUTHOLD CODE § 100-274
appropriate to preserve and protect the spirit and the objectives '
of this chapter.
§ 100-273. Rules of conduct and procedure.
The Board of Appeals shall, consistent with the law,
determine its own rules of conduct and procedure.
§ 100-274. Fees. [Amended 2-11-1990 by L.L. No. 29-1990;
11-24-1992 by L.L. No. 30-1992]
Applications to the Board of Appeals for any relief herein
shall be accompanied by a fee as hereinafter provided:
A. For applications involving fences, accessory structures or
accessory buildings, alterations or additions containing ,
less than two hundred (200) square feet in floor area, the
fee shall be one hundred fifty dollars ($150.).
B. For all other applications, including those involving
commercial property, containing a single request [for
example, an application requesting one (1) variance or
an application requesting a special exception], the fee
shall be four hundred dollars ($400.), except that the fee ,
for a special exception for abed-and-breakfast shall be
two hundred fifty dollars ($250.). [Amended 2-7-1995
by L.L. No. 3-1995] ,
C. For applications wntaining more than one (1) request,
such as an application requesting an area variance and a
width variance, the fee shall be six hundred dollars
($600.).
D. For applications for interpretations on appeal from an
order, decision or determination of an administrative
officer, the fee shall be two hundred dollars ($200.) for
each section of the Town Code for which an
interpretation is requested. ,
10164.2 s-zs-s5
r
§ 100-274 ZONING § 100-280
E. For applications for variances from Town Law § 280-a
(rights-of--way), the fee shall be two hundred fifty dollars
($250J.
F. For applications for rehearings, the fee shall be the same
as the fee charged for the original application.
G. For applications for public entertainment and special
events permits, the fee shall be fifty dollars ($50J.
[Added 11-29-1994 by L.L. No. 26-1994]
§ 100-275. Notice of hearing. [Amended 12-27-1995 by L.L.
A. No. 25-1995]
In all cases where the Board of Appeals is required to
hold a public hearing, notice shall be provided pursuant
' to Chapter 58.
B. In lieu of complying with the provisions of this section,
written verified waivers of notice executed by the
persons entitled to receive such notice may be filed with
the Town Clerk at the time of filing the petition.
C. Failure to comply with the provisions of this section shall
1 not affect the validity of any action taken by the Boazd of
Appeals.
ARTICLE XXVIII
Administration and Enforcement
[Last amended 1-10-1889 by L.L. No. 1-1989]
ffi
f
i
cer.
orc
ng o
§ 100-280. Administrative and en
A. It shall be the duty of the Building Inspector and such
deputies and assistants as may be appointed by the
Town Board to administer and enforce the provisions of
this chapter and of all rules, conditions and
requirements adopted or specified pursuant thereto.
B. The Building Inspector and/or his Assistant and Deputy
Building Inspectors shall have such right to enter and
10165 1-~-~
§ 100-280 SOLTTHOLD CODE § 100-280
inspect buildings, structures or premises and to perform ,
other acts necessary for the enforcement of this chapter
as is conferred upon them by law. He shall maintain files
of all applications for building permits and plans ,
submitted therewith and for certificates of occupancy
and records of all building permits and certificates of
occupancy issued by him, which files and records shall be
open to public inspection and to perform such other acts
necessary for the enforcement of this chapter as is
conferred upon them by law. ,
C. Said Building Inspector shall keep a record of every
identifiable complaint of a violation of any of the
provisions of this chapter and of the action taken on each
such complaint, which records shall be public records. He
shall report to the Town Boazd, at intervals of not
greater than three (3) months, summarizing For the
period since his previous report all building permits and
certificates of occupancy issued by him and all
complaints of violations and the action taken by him
thereon.
D. The Building Inspector shall make the necessary
inspections for the purpose of ascertaining whether or
not existing conditions comply with the provisions of this ,
chapter.
E. At the request of the Town Board, the Building Inspector
shall inspect any premises for the purpose of '
ascertaining whether or not existing conditions comply
with the provisions of this chapter and report, in writing,
to said Board the results of his findings.
~J
10166 i-zs-es
§ 100-280 ZONING § 100-281
F. At the request of the Planning Board, the Building
Inspector shall review site plan applications for
compliance with this chapter and requirements
established in the presubmission conference.l
§ 100-281. (R,eserved)2
(Cont'd on page 10171)
1 Edito:'c Note: Former Subsertien G, which provided for th¢ Building Inspector to
issue a certificate of determinatim upon review for complimce, which subsection was
added SYO-1993 by LL No. 51988 and immedutely followed this subcestiou, was
repeated 7-11-1995 hY ILL No.161995.
$ Editor's Note: Former $ 100-291, Building permits, as amended, eves repealed
650-1995 by I..L. No. Ii-1995. See sow 4 458•
10167 7-2s-ss
§ 100-282
ZONING
§ 100-284
§ 100-282. Revocation of permit.
The Building Inspector may revoke a building permit theretofore
issued and approved in the following instances:
A. Where he finds that there has been any false statement or
misrepresentation as to a material fact in the application, plan
or specifications on which the building permit was based.
B. Where he finds that the building permit was issued in error
and should not have been issued in accordance with the
applicable law.
C. Where he finds that the work performed under the permit is
not being prosecuted in accordance with the provisions of the
application, plans or specifications.
D. Where the person to whom a building permit has been issued
fails or refuses to comply with a stop order issued by the
Building Inspector.
§ 100-283. Stop orders.
Whenever the Building Inspector has reasonable grounds to believe
that work on any building or structure is being prosecuted in violation
of the provisions of the applicable law, ordinances or regulations or not
in conformity with the provisions of an application, plans or
specifications on the basis of which a building permit was issued or in
an unsafe and dangerous manner, he shall notify the owner of the
property or the owner's agent or the person performing the work to
suspend all building activities until the stop order has been rescinded.
Such order and notice shall be in writing and shall state the conditions
under which the work may be resumed and may be served upon a
person to whom it is directed either by delivering it personally to him
or by posting the same upon a conspicuous portion of the building
under construction and sending a copy of the same by certified mail.
100-284. Certificates of occupancy.
A. A certificate of occupancy shall be applied for from the
Building Inspector and it shall be unlawful to do any of the
following until a certificate of occupancy is issued therefor:
10171 s-i-so
i
LJ
§ 100-284 SOUTHOLD CODE § 100-284
(1) Occupancy and use of a building erected, reconstructed, '
restored, structurally altered or moved or any change in
use of an existing building.
i
th
e
f a
land
h
2
O ,
ny
ange
n
e us
o
.
ccupancy, use or any c
(
)
(8) Arty change in use of a nonconforming use.
B. No certificate of occupancy shall be issued for the use of a
building or lands requiring a special exception approval or
special permit or for any land use requiring a site plan
approval by the Planning Board unless and until such special '
exception or special permit approval or site plan approval has
been duly granted. Every certificate of occupancy for which a
special exception, special permit or site plan approval has been
granted or in connection with which a variance has been
granted by the Board of Appeals shall contain a detailed
statement of any condition to which the same is subject. '
C. Application for a certificate of occupancy on a form furnished
by the Building Inspector for a new building or for an existing
building which has been altered shall be made after the
erection of such building or part thereof has been completed in ,
conformity with the provisions of this chapter and, in the case
of a new building, shall be accompanied by an accurate plot
plan or, if not available, by a survey prepared by a licensed
land surveyor or engineer, showing the location of the building
as built. Such certificate shall be issued within ten (10) days
after receipt of the property completed application, provided '
that the application states that al] requirements of all other
applicable codes or ordinances in effect aze complied with.
D.1 Every application for a certificate of occupancy or a '
temporary certificate of occupancy shall be accompanied by
the fee hereinafter specified. Copies of such certificate will be
issued upon the payment of the fee hereinafter specified. '
~ Editors Note: FormerSulrectioo D, coneernins We ®mance of a ttrtifirite of ocw9ancY ,
for the tae of vacant haul, was repealed 410.3990 by LL No. 53990. This local law oleo
provided for the redew;gnation as former Subsections E, F, G sml H u 3ubeeetiom D, E, F and
C, .espeetively Former Subsection 1 wo also relettered as Subsection H at this time.
10172 s-l•99
§ 101-284 ZONING § 101-284
E. A certificate of occupancy shall be deemed to authorize
and is required for 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 existing 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
'
H. affected.
Certificate of occupancy fees. [Amended 3-141989 by
L.L. No. 3-1989; 9-26.1989 by L.L. No. 20-1989]
(1) The 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
($50.).
(b) New dwellings and additions and alterations
thereto: twenty-five dollazs ($25.).
(c) Accessory buildings and additions and
alterations thereto: twenty-five dollars ($25.).
(d) Preexisting dwellings: ane hundred dollazs
' ($100.).
10173 s-io-ss
§ 100-284 SOUTHOLD CODE § 100-285
(e) (Reserved)1 '
(fl Updated certificates of occupancy by reason of ,
additions or alterations: fifty dollars ($50.).
(g) Copies of certificates of occupancy: twenty-five
cents ($0.25). (Amended 12-21-1993 by L.L. '
No. 26-1993; 4.30-1996 by L.L. No. 3-1996]
(h) (Reserved)Y
(2) Notwithstanding the foregoing, no fee shall be ,
required or paid by ta>ang 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.
1 Editor's Note: Former SabaecNon H(1)(e), regarding vacant land, was repealed '
5-8-1980 by W.. No. 141890.
2 Editor's Note: Former subaec[ion HQ)(b), regarding ttrtifirates of ooeapanry issued
more than five (5) years ago, was repealed 12-21-1993 by I.Y No. 28-1998.
10174 s-lo-ec '
i~II
~J
L_1
J
f
§ 100-286 ZONING § 100-286
§ 100.286. 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 local 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)
10174.1 s_io-es
C~
§ 100-290 ZONING § 100-292
ARTICLE XXIX
Amendments
[Amended 5-30-75 by LL No. &1975; 11-15-83 by
LL No. 13-1983; 1-S•85 by LL No. 1-1985;
1-10.89 by LL No. 1-1989]
§ 100-290. Procedures.
The Town Board, upon its own motion or by petition, may, from
time to time, amend, supplement, change, modify or repeal this
chapter, including the Zoning Map, by proceeding in the following
manner:
i
u
C
A. The Town Board, by resolution adopted at a stated meeting,
shall fix the time and place of a public hearing on the
proposed amendment and cause notice thereof to be given
pursuant to the provisions of the Town Law.
B. The Town Board, before advertising for a public hearing, shall
in a written request. instruct the Town Planning Board to
prepare an official report defining the conditions described in
a petition and to determine the area so affected, with its
recommendations.
§ 100.291. Feea [Amended 11-13-1990 by LL No. 2G1990]
Every petition for a change or amendment to this chapter or the
Zoning Map shall be filed with the Town Clerk and shall be
accompanied by a fee of one thousand dollars ($1,000.). The fee for a
petition for a change of zone to the Affordable Housing District is set
forth in § 100-55B(5xg).
§ 100.292. NotSce of proposed change of zone cla~fication.
A. In the case of a petition requesting a change in zoning district
classification, in addition to the notice required by law, a
written notice containing the following information shall be
sent by the petitioner. or his agent, by either certified or
registered mail, to every owner of property immediately
10175 iz-zs-so
§ 100.282 SOUTHOLD CODE § 100-292
adjacent thereto. In the event that any petitioner owns or has
any interest in any property immediately adjacent to the
property proposed to be changed in zoning district classifica- '
then written notice shall also be given to the owners of the
tion
,
erty adjacent to such other property of the petitioner. For
ro
p
p
the purpose of this section, the words "owner" or "property
r" mean the owner as shown on the current Southold '
owne
Town assessment roll. The notice required by this section shall
be mailed by the petitioner, or his agent, within five (5) days
receding the filing of the petition in the Town Clerk's office. '
p
Proof of mailing of such notice in the form of a sworn
statement shall be filed nth the Town Clerk at the time of
filing the petition. Such notice shall contain the following '
information:
(1) A statement that the petitioner proposes to file a petition
with the Southold Town Clerk requesting a change of
,
zone classification.
(2) A description of the property which is the subject of such
petition.
(3) The present zone district classification of the property
and the proposed zone district classification.
(4) A statement that within five (5) days the petition ,
requesting such change in zone district classification will
be filed in the Southold Town Clerk's office, Main Road,
Southold, New York, and may then be examined during '
regular office hours.
(5) A statement that a public hearing with respect to such ,
petition must be held by the Southold Town Board before
such change of zone can become effective; that the person
to whom the notice is addressed, or his representative, has
d
the right to appear and be heard at such hearing an '
that a notice of such hearing will be published in the
official town newspaper not less than ten (10) days prior
to such public hearing. '
10176 iz-zs-so '
§ 100-292 ZONING § 100-300
B. In lieu of complying with the provisions of this section,
written verified waivers of notice executed by the
persons entitled to receive such notice may be filed with
the Town Clerk at the time of filing the petition.
C. Failure to comply with the provisions of this section shall
not affect the validity of any action with respect to such
petition.
D. In addition to the above notice requirement, prior to
holding a public hearing on the rezoning, notice shall be
provided pursuant to Chapter 58. [Added 12-27.1995
by L.L. No. 25-1995]
ARTICLE X7~
' Severability
[Added 1-10.1989 by L.L No. 1-1959]
$ 100-300. Severability.
' Should any section or provision of this chapter be decided by
the courts to be unconstitutional or invalid, such decision shall
not affect the validity of the chapter as a whole or any part
' thereof other than the part so decided to be unconstitutional or
invalid.
10177 i-za-ac
~ v ~ ~ ~ ~ ~ ~ ~ ~ ~ r ~ ~
Town o[ Southold
Density end Mintmum Lot Size Schedule for Residential Dietriela~
[Added 1-10.89 by L.L. No. 1-1999]
R-40 R-g0 R-120 A-200 R-400 HD
A-C ResidenBal ResidenBal Residential Reaidendsl Residental Hamlet RR RO
Agriculturel- Low-Density Low-Density Inw-Denelly Low-DeneHy Low-Density Density Reeort Residential
Diatdcls Conservation (One-Acre) (1Wo-Acre) (Three-Acre) (Ftive-Acre) (Ten-Acre) Rmiden0al Reefdenliel OfRce
MINIMUM LOT SIZF, (square feet):
1-family detached dwelling
Residential unit without uUliti~ 80,000 40,000 80,000 120,000 200.000 400,000 20.000 (vii) 20,000 (vii) 40,000
Residential unit with ommmunity water NA NA NA NA NA NA 20,000 (vii) 20,000 (vii) NA
Residential unit with community water NA NA NA NA NA NA 10,000 (xi) 12.000 (zi) NA
end sewer
2-family detached dwelling
2-family dwelling without utilities 180,000 Ixii) 80,000 (iii) 160,000 (xii) 240,000 (v) 400,000 (vi) 8110.0001vi) 40,000 (ii) 40,0001ii) N0.000 (iii)
2-family dwelling with community water NA NA NA NA NA NA 40.000 (ii) 40,000 (ii) NA
2-family dwelling with community water NA NA NA NA NA NA 20,000 (vii) 20.000 (vii) NA
and sewer
Multiple dwelling unit or townhouae~
Multiple dwelling or townhouse without NA NA NA NA NA NA 20,000 NAB NA
utilities
Multiple dwelling or townhouse with
NA
NA
NA
NA
NA
NA
20,000
NAI
NA
community water
Multiple dwelling or townhouse with
NA
NA
NA
NA
NA
NA
10,000
NA"
NA
community water end sewer
Motel, hotel ar conference center guest
Ualtr
Guest unit without utilities
NA
NA
NA
NA
NA
NA
NA
6.000
NA
Guest unit with community water NA NA NA NA NA NA NA 6,000 NA
Guest unit with community water end NA NA NA NA NA NA NA 4,000 NA
sewer
Nonresidential use (ae permitted)
Use with or without utilities 80,000 40,000 80,000 120,000 200,000 900,000 NA 40,000 90,000
KF.Y:
Np = Not applicable.
NOTES:
~ Roman numerals refer to applicable column in the Residential Bulk Schedule. Where no Roman numeral ie indicated, refer fo the district cel umn in the Rreidental Bulk Schedule.
~ For multiple dwelling, hotel, motel and/or conference uses (where permitted), this fable refem to minimum lot area per unit. Refer [o the Residential Bulk Schedule for total lot size, yard
and setback dimensions for the applicable district, unless more-restrictive requirements are indicated in the tent of the chapfar.
f Amended 8.1-89 by 44 No. 14.19891 III - 7F . ga
~ ~ ~ i ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
Town of Southold
Density and Minimum Lot Size Schedule for Nonresidential Dialricb~
[Added 1-10-89 by 44 No. 1-1988]
LIO
LB BB B Light Industrial LI
Idmlled Hamlet General M-1 M-II ParWPlenned Light
Business Business Business Marine 1 Marine II Office Perk Industrial
District
MINIMUM LfYI' S1'l,F, (uluare feet):
liusimr~, pffic4 industrial or other nnnresidential use
Iglll
NU
2U.gN) :10.000
40A00
80,(100
120.000
40,000
llw•. with or without ulilitica ,
I-Lunily dchwhnl dwelling
Ravidentinl writ without utilities
N0,000 (iiil
'L0,000 hi) NA
40.000
0110
0
40,000 (vii)
000 (vii)
20
NA
NA
NA
NA
Itisidential nail with community water NA
NA 20,000 (vii) NA
0110 (zi) NA
10 2
.
10,0110 ,
10,000 (xi) NA NA
Residential unit xilh community water and sewer ,
'?-Tamil>' detached dwelling
'2-family dwelling without utilities
160,0110
40,000 (ii) NA
NA
NA
NA
NA
'1-family dwelling with community water (zii)
NA
40,0(10 (ii) NA
NA
ii
NA
NA
NA
NA
NA
NA
NA
NA
'L-family dwelling with community wafer and sewer NA 20,000 (v
i
Multiple dwelling unit or townhouse'
NA
000 NA
Y0
NA
NA
NA
NA
Multiple dwelling or townhouse without utilities NA ,
000 NA
211 NA NA NA NA
Multiple dwelling or townhouse with community water NA ,
000 NA
10 NA NA NA NA
htulliple dwelling or townhouse with community water and sewer ,
Motel, hotel or conference center guest unit=
NA
000 6,000
6
NA
6.000
6.000
6,000
Guest unit without utilities NA ,
000 8,000
6 NA 6,000 6,000 6,000
Gaegl unit with community wafer
Cueat unit with community water end sewer NA ,
4,000 4,000 NA 4,IX10` 6,000 4.0(10
KN:Y:
NA =Not applicable.
NOTES:
~ Roman numerals refer to the applicable column in the Residential Rulk Schedule.
l and/or conference uses (where permitted), this t
t
t
l
i
h
'
able refers to minimum lot size per unit. Rater fo the Residential Bulk Schedule for total lot size,
e
o
e
. mo
ng,
or mulliDle dwell
F
yanl and setback dimensions for the applicable district, unless more-rtstriclive requirements ere indicated in the tent of the chapter.
]Amrnded Sd-g8 by 1..1. Nu. 14-19591 9 - 26 • 91
Column No.
Town o[ Southold
Bulk Schedule for Residential Disldcla
[Added 1-10-89 by L-4 No. 1-1989]
ii iii iv v vi vil
x xi xii
Residential Unit
Where Community 2-Family Detached
W to d 9e
Ix
Dietdct
A-C
R-40
R-80
R-I20
R-200
R-400
HD
RR
RO a ran war
Available Dwellings In R-80
Dietdcl
Minimum Requirements for 1-family detached
dwellings
Int Bite (aquere feet) 80,000 40.000 80.0(10 120.000 2011.000 400.000 20.000 20.000 40000 10.000 160
(100
Lot width (feet) 176 160 l75 200 270 270 76 76 160 60 .
270
Int depth (feet) 250 l76 260 300 400 400 120 120 17b 80 400
Front yard (feet) 80 50 60 60 60 60 35 35 60 30 60
Side yard (feet) 20 16 20 30 30 30 16 I6 15 16 30
Both aide yards (teat) 46 36 45 60 80 60 30 30 35 30 60
Rear yard ((ee0 75 60 75 85 100 I00 36 35 60 30 86
Livable Boor area (aquere feet cer dwelling &50 860 860 650 850 860 8604 850+ 860 850
unit) 85p
Maximum permitted dimensions:
Lot coverage (percent) 20 20 20 10 5 5 26 25 20 26 ]0
Building height (fee0 36 36 36 35 36 36 36 35 35 36 36
Number of stories 2X 2X 2X 2X 2S4 2;{ 2X 2X 2X 2y¢ 2y
NOTES:
~ See text of chapter and Densi[y and Minimu m Lot Size Schedules for appl icable districts.
Except one-bedroom or studio in multiple dwelling may have six hundred (800) square feet. Mini mum Boor area may be reduced up to two hundred (200) [or mod erate- and/or lower-coat
dwellings.
~ Except one-bedroom or studio in multiple dwelling may have six hundred (600) square feet.
2.26-89
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ i ~ ~ ~ ~
Town of Southold
Bulk Schedule for Business, OIBce and Industrial Districts
Added I-10-1989 by L.L. No. 1.1989; amended 8-22.1995 by L.L. No. 18-1995)
LIO
LB 116 B Light Industrial LI
Limited Hamlet General M-I M-11 Park/Plsnned Light
District Business Business Business Marine I Marine II Office Park Industrial
Minimum requirements for business,
office, industrial or other
nonresidential uses
Lot size (square feet) 80,000 20,000 30,000 40,000 80,000 120,000 40,000
Lol width (feet) 175 60 ISO ISO 150 200 100
Lot depth (feet) 250 100 150 ISO 150 300 ISO
Front yard (feet) variabler IS variable= 35 35 variable= variable
Side yard (feet) 20 10 25 20 25 30 20
Both side yards (feet) 45 2S SO 45 50 60 40
Rem yard (feet) 75 25 35 25 25 75 70
Landscape area (percent) 35 25 35 25 20 35 25
Maximum permitted dimensions
Lot coverage (percent) 20 40 30 30 30 20 30
Building height (fee[) 35 35 35 35 35 35 35
Number of stories 2'h 2 2 2 2 2 2
NOTES:
~ For minimum requirements for residential uses, refer first to Density and Mi nimum Lot S ite Schedule for Nonresidential Di stricts and then
to appropriate indicated column in the Bulk Schedule for Residential Districts. In the Marine 1 and Marine 11 Districts, only lan d above mean
high water shall qualify for area calculations.
Refer to appropriate zone ordinance. to- to - vs
' ZONING
Town of Southold
Bulk Schedule AA
' [Added 11-28-1995 by L.L. No. 23-1995;
amended 7-22-199 7 by L.L. No. 22-1997)
Lot Size
' (square Width Depth
Date of Lot Creation feet) (feet) (feet)
Prior to Apri19, 1957
Between Apri19, 1957, and Any Any Any
December 1, 1971
' A Residential Zone
B and B-1 Business Zone 12,500
7,500 100
50 Any
Any
B-2 Business Zone 40,000 50 Any
Multiple-Residence Zone 12,500 100 Any
C Industrial Zone 12,500 100 Any
Between December 2, 1971,
and June 30, 1983
A Residential Zone 40,000 135 175
M Light Multiple Residence 40,000 135 Any
M-1 Multiple Residence 80,000 200 Any
Zone
' B-Light Business Zone 20,000 60 Any
B-1 General Business Zone 30,000 150 Any
C-Light Industrial Zone
C-1 Heavy Industrial Zone 40,000
200
00 200
300 Any
Any
,
' s-io-s~