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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. 10001 s-~o-gt SOUTHOLD CODE l i at ons. § 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. 10002 8-30-97 ' ZONING § 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) 10002.1 iz - zs - ss r r r r ZONING 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) 10003 v-2s-as SOUTHOLD CODE 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. 10004 ~-~-~ ZONING 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. 10005 z - io - ss SOUTHOLD CODE 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. 10006 s-io-ss § 100-209. ZONING 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) 10006.1 z - io - se 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. 10007 a- io - gr SOUTHOLD CODE § 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. 10008 s-io-m ZONING § 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) 10008.1 5-10-97 r ZONING 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 1009 12-25-95 II ~~ § 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. , 10010 l2-zs-9s § loo-lo ZONING § 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. 10011 iz - zs - ss § 100-11 SOUTHOLD CODE § 100-12 ith or fli t ' w c 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 r 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. ' 10013 a-zs-so § 100-18 SOUTHOLD CODE § 100-13 i f h id on o ybr s 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. , 10014 s-zs-so § 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] 1 r 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 10015 z-io-ss § 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. , 10016 z-io-os ' § 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) 10016.1 z-io-ss 1 ~I 1 § 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 10017 z -zs -s~ § 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. ' 10018 z-ss-ev § 100-13 ZONING § 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) ' LJ LJ 10018.2 s-u-e~ 1 § 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. ~'-1 J 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) LJ 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~ LJ L _I ~f 1 LJ 11 I~ § 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 lJ t 1 1 § 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 1 LJ 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 ' 1 i 1 § 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 ili 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 G § 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. r LJ 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. 10096.11 s - to _>re ~~ § 100-161 SOUTHOLD CODE § 100-162 ' 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 10096.12 z-io-ss § loo-lsz i~ f_~ 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. 10096.13 z - io- ss § 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 r 10096.14 z_io-es § 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. ~1 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 ' 10096.15 z - io - oe ~J § 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. , 10096.16 s - io- se ~~ i1 C~ n ~~ i § 100-163 ZONING § 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. 10096.17 z - io - ss § 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 10096.18 z _ io _ 9s § 100-163 r 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 10096.19 z - io - ss § 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. I J 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. , 10096.20 z - io-es § 100-163 fl 1 I~ ZONING § 100-163 (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. ' § 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 1 ~1~ 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. 1 10096.24 z _ io - ss fl 1 `J U I~ § 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 10096.25 z - io- sa [~ § 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. NAl N ~4 plaN yBy ~ j v'. 4' '- ~ • ~~~ ~' TO~C '. T• -~~ l ~l ~_ - 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 10096.26 s - io - se u ~i n § 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) II 1 1 10096.29 s - io - es § 100-180 1 CJ n ~I ZONING § 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 L I] 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 r r~ I r 1 JI § 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 i § 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 l~ r i § 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 r t_~ r I'~ r r § 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 r ~i LJ § 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 iJ 'J L~ 1 C~ § 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 ' § 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~ ~~ 1 10126.4 i-zs-ss ii L~ l n ~J 1 J § 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 ~~ 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 ~I § 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~