HomeMy WebLinkAbout1971 Amendment At a meeting of the Town Board of the Town of Southold he).d at the
Supervisor~s Office, 16 South Street, Greenport, New York on the 23rd
day of November, 1971.
WHEREAS, this Board held a public hearing on the 28th day of September
1971, in the matter of the amendment of the town ordinance entitled
"The Building Zone Ordinance of the Town of Southold, Suffolk County,
New York" together with the Building Zone Maps forming a part thereof at
which time all ~nterested persons were given an opportunity to be heard
with respect to said matter, and
WHEREAS, this Board now deems it in the public interest that said
proposed amendments be enacted,
NOW, THEREFORE, BE IT RESOLVED that "The Building Zone _
Ordinance of the Town of Southold, Suffolk County, New York" together with
the Building Zone Maps forming a part thereof consisting of six sections
designated A to F inclusive and which ha'J'e'been signed by the members
af this Board be amended as follows, to wit:
By amending Article I,
to read as follows:"
ARTICLE I
PURPOSES - DEFINITIONS
SECTION 100 - 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 ordinance. Said plan is
adopted for the purposes set forth in Article 16 of
the Town Law, which, [n the interest of the protection
and promotion of the public health, safety, and welfare,
shall be deemed to specifically include the following,
among others:
1. The facilitation of the efficient and adequate
provision of public facilities and services;
2. The assurance of adequate sites for residence,
industry, and commerce;
3. The provision of privacy for families;
4. The prevention and reduction of traffic conges-
tion, so as to promote efficient and safe circulation of
vehicles and pedestrians;
5. The maximum protection of residential areas;
6. The gradual elimination of non-conforming uses;
7. The enhancement of the appearance of the Town
of Southold as a whole;
8. The encouragement of flexibility in the design and
development of land in such a way as to promote the mort
appropriate use of [ands to facilitate the adequate and
economical pro¥ision of streets and utilities and to preserve
the natural and scenic qualities of open lands;
9. The fostering and protection of agriculture and
fisheries.
SECTION 101 - DEFINITIONS - Unless otherwise
expressly stated, the following /erE'as shall for the purpose
of this ordinance have the meaning herein indicated. Words
used in the present tense include the future; the singular
number includes the p[uraI 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 de-
signed to be occupied or used":
ACCESSORY- A building or use clearly incidental or
subordinate to, and customary in connection with, the
principal building or use on the same lot.
BASEMENT -A story in a building, the structural
ceiling level of which is four feet or more above the average
Level of finished grade where such grade abuts that exterior
ceiling level of which is four feet or more above the average
level of finished grade where such grade abuts that exterior
wail of such building which fronts on any street, and the
floor level of which is below finished grade at any point on
the periphery of the bhilding.
BILLBOARDS-A sign, including the type commonly
known as a bil£boardj which directs attention to a business~
commodity~ servicej entertainment or attractionj soldj
offered or existing elsewhere than upon the same lot where
such sign is displayed or only incidentally upon such lot.
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.
BUILDING-Any combination of materials forming
any construction, except where entirely underground, so
as to permit the use of the ground above same as if no
building was present; the term "building" shall include the
term "structure" as well as the follo~ving:
a. Signs;
b. Fences;
c. Walls, other than retaining wails projecting above
the ground not more than 3 feet at the higher ground level
and not more than 6-1/2 feet at the lower ground leveL;
d. Radio and television receiving and transmitting
towers and antennae, except for such antennae instal[ed
on the roof of a "building" and extending not more than 20
"b ' 'd'
feet above the highest level of the roof of such u~l mg,
and
e. Porches, outdoor bins and other similiar "struc-
tures TI.
CELLAR-Any space in a building the structual
ceiling level of which is less than four feet above the
average finished grade where such grade abuts that exterior
wall of such building which fronts on any street. A cellar
shall not be considered in determining the permissible num-
ber of stories.
COURT, INNER-An open space enclosed on alt sides
by exterior walls of a building.
COURT, OUTER-An open space enclosed on three
sides by exterior walls of a building
COURT, OUTER, DEPTH OF-The linear average dim-
ension measured from the unenclosed side of the court to the
farthest wall thereof.
COURT, OUTER, WIDTH OF-The linear dimension
of the unenclosed side of the court.
CURB LEVEL-The established elevation of the street
grade at the point that is opposite the center of the w,%lI near-
est to and facing the street line.
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DWELLING~ ONE-FAMILY-A detached building
containing one d~velting unit only,
DWELLING, MULTIPLE-A building or portion
thereof containing three or more dwelling units.
DWELLING, ROW OR ATTACHED-A one-family
dwelling with two common or party walls s~parating it
from adjacent units on both sides.
DWELLING, TWO-FAMILY-A detached building
containing two dwelling units only.
DWELLING, SEMI-DETACHED-A one family
dwelling with one wall in common with an adjacent
dwelling.
DWELLING UNIT-A building or entirely self-
contained portion thereof containing complete house-
keeping 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 facili-
ties in common with any other "dwelling unit." A house
trailer, a boarding or rooming house, convalescent home,
fraternity or sorority house, hotel, motel, inn, lodging,
nursing, or other similar home° or other similar structure
shall not be deemed to constitute a dwelling unit.
FAMILY-One or ~nore persons occupying a dwelling
unit as a single non-profit housekeeping unit. More than
five persons, exclusive of domestic servants, not related
by blood, marriage or adoption, shall not be considered to
constitate a family.
FLOOR AREA-The sum of the gross horizontal areas
of the several floors of the building or buildings on a lot
measured from the exterior faces of exterior walls or from
the center line of party walls separating two buildings, exclu-
ding cellar and basement areas used only for storage for the
operation and maintenance of the building.
FLOOR AREA, LIVABLE-AIl spaces within the exterior
walls efa dwelling unit exclusive of garages, breezeways, un-
heated porches, cellars, heater rooms, and basements
having a window area of less than 10% of the square foot area
of the room. Usable floor area shall include ail spaces not
otherwise excluded above such as: principal rooms, utility
rooms, bathrooms, all closets and hallways opening directly
into any rooms within the dweIIing unit and all attic space
having a clear height of six feet from finished floor level to
pitch of roof rafter with a clear height of seven feet six inches
from finished floor level to ceiling level over 50% of the area
of such attic space.
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FLOOR AREA RATIO-The floor area in square feet of att buildings
on a tot divided by the area of such lot in square feet.
GARAGE, PRIVATE-A building used 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 it is erected, and for the storage of not exceeding
two (2) additional vehicles (not trucks) owned or used by others.
GARAGE, PUBLIC-A building other than a private garage used for
housing or care of gasoline or other power driven vehicles, or where
suchvehictes are equipped for operation, repairs, or kept for remunera-
tion, hire or sate.
HOME OCCUPATIONS-This shall be understood to include the profes-
sional office or studio of a doctor, dentist, reacher, artist, architect,
engineer, musician, lawyer, magistrate or practitioner or a similar
character or rooms used for home occupations including home baking,
millinery or similar handicrafts, PROVIDED that the office, studio or
occupational rooms are located tn a dwelling in which the practitioner
resides ~ind in a building accessory thereto, and PROVIDED further,
no goods are publicly displayed on the premises and no sign or advertise-
ment is shown other thana sign not target than two (2) square feet in total
area, bearing ontythe name and occupation (words only) of the ,practitioner.
HOTEL-A building occupied as the more or Less temporary abiding
place of individuals who are lodging with or without meals and in which
there are more than ten (10) rooms usually occupied singly and no provision
made for cooking in any room or individual apartment.
HEIGHT-The vertical distance measured from the average elevation
of the finished grade at the front of the building to the highest point of the
roof for flat and mansard roofs, and to the mean hight between cave and
ridg'e for other types of roofs.
JUNK YARD-Land occupied or to be occupied for storage of old wood,
paper, cloth, or metal, including old automobiles, trucks, equ[ptraent.
machinery, fixtures, and appliances not usable as originally designed; and
also including any portion of such old automobiles, trucks, equipment or
machinery as are to may b~ sold as and for junk or salvage.
LOT-Any parcel of rand, not necessarily coincident with a lot or tots
shown Dna map of record, which is occupied or which is to be occupied by
abuiiding and [ts accessory buildings, if any, or by a group of buildings
accessory thereto, if any, together w[ththe required open spaces appur-
tenant to such buildings or group of buildings.
LOT, CORNER-A lot at the junction of and abutting on two or more
intersecting streets where the interior angle of intersection does not exceed
135 degrees. A lot abutt[nga curved street shat[ be deemed a corner lot if
the tangents to the curve at the points of intersection of the side tot lines
with the street lines intersect at an interior angle of less than 135 degrees.
LOT, DEPTH-The mmimum drstance from the street line of the tot to
the rear tot tine of such lot.
LOT LINE-Any boundary of a tot other than a street line.
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LOT LINEj REAR-The tot tine generally
opposite to the street line; if the rear Lot line is less
than 10 feet in length, or if the Lot comes to a point in
the rear, tile rear lot Line shah be deemed to be a Line
paraLLel to the front lot iine not Less than 10 feet tong
Lying farthest from the front Lot Line.
LOT WIDTH-The average distance between side
Lot lines taken at the front yard or set-back ~ine and
measured at right angles to the side lot Lines or along
a paraltet to the street.
i¥IANUFACTURING-Any process whereby the
nature~ size, or shape of articles or raw materials
are changed, or where articles are assembled or
packaged.
1VLilN FLOOR-The largest area found by the pro-
jection of a horizontalp£ane through the livable floor
area which is enclosecl by the exterior walls of the
building.
MARINA OR BOAT BASIN-Any premises con-
taining one or more piers, wharvesj docks, moorings,
butkheads, buildings, slips, basins, or land under water
designedj used or intended to be used primarily for the
docking or mooring of boats for or w[thout compensation
MOTEL-A building containing guest rooms each
of which, or each pair of which, has a separate entrance
Leading directly from the outside of tile building~ with
parking space conveniently Located to each unit, and which
is designed, used, or intended to be used primarily for
the accommodation of motor vehicle transients.
NON-CONFORAIING USES-A non-conforming use
is any use, whether of a building or tract of land, or both,
existing on the effective date of this ordinance which does
not conform ~o the use regu£ations of the District in which
it is Located.
PRINCIPAL BUILDING-A building in which is con-
ducted the main or principal use of the Lot on which said
building is located.
PUBLIC WATER, PUBLIC SEWER-Communal
sewage disposal systems and communal water supply
systems approved by the SuffoLk County Department of
Health, and operated by a municipality or public agency.
SIGN-Any structure or part thereof, or any device
attached to a building or painted or represented thereon,
which shall display or include any Let/er, word, modeL,
banner, pennant, insignia, device, trade flag, or represen-
tation which [s in the nature of, or which is used as, an
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announcement, direction or advertisement, for
commercial purposes or otherwise. A sign includes
a billboard and a neon tube, string of lights, or simi-
lar device outlining or hung upon any part of a building
or lot, but does not include the flag or insignia of any
nation or group of nations, or of any governmental
agency, or of any politicaL, educational, charitable,
philanthropic, civic, professional, religious, or tike
campaign, drive, movement, or event. Excluded from
this definition are signs which are solely devoted to
prohibiting trespassing, hunting or fishing.
SIGN AREA-Shall include all faces of a sign
measured as follows:
(a) When such sign is on a plate or framed or
outlined, aL1 of the area of such plate or the area enclosed
by such frame or outline shall be included;
(b) When such sign consists only of letters, designs,
or figures engraved, painted, projected or in any manner
affixed on a wall, the total area of such sign shall be
deemed the area within which alt of the matter of which
such sign consists may be enscribed.
STORY-That part of anybuildingj 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 be no higher finished floor,
then that park of the building comprised betxveen the level
of the highest finished floor and the top of the roof beams.
STORY, HALF-Any space partially within the roof
framing, where the clear height of not more than 50% of
such space between the top of the floor beams and the
structural ceiling level is 7 feet 6 inches or more.
STREET-A streetj improved to the satisfaction of
the Planning Board which is one of the fo[lowing: an
existing Town, County or State highway or street; a street
shown on an approved Subdivision Final Plat; a street
shown on a map filed with the County Clerk (in accordance
%vith Section 280-a of the Town Law) prior to Planning
Board authorization to review subdivisions; 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,
or girders.
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TRAILER-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 cook-
ing. The term "trailer" shall include vehicles if
mounted on temporary or perma~xent foundations with
the wheels removed.
TOURIST COTTAGE-A detached building having
[ess thsn three hundred fifty (350) square feet of
cross section area, designed for or occupied as
living and sleeping quarters for seasonal occapancy.
TOURIST CAMP-Any lot, piece or parcel 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 compensation.
USABLE OPEN SPACE-An unenclosed portion of
the ground of a lot which is not devoted to driveways,
or parking spaces, which is free of structures of any
kind, of which not more than 25% is roofed for shelter
purposes only, the minimum db~ension 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, ACCESSORY-A use customarily incidental
and subordinate to the main use on a lot, whether such
"accessory use" be conducted in a principal or acces-
sory building.
YARD, FRONT-An unoccupied ground area fully
open to the sky between the street line, or by the street
line established by the Official Map of the Town, or an
approved Subdivision Plat, and a line drawn parallel
thereto.
YARD, REAR-An unoccupied ground area fully
open to the sky between the rear lot line and a line drawn
parallel thereto.
YARD, SIDE-An unoccupied ground area fully open
to the sky between any property line other than a street or
rear lot line, and a line drawn parallel thereto between
the front and rear yards.
II. By amending Article II to read as follows:
SECTION 200 - USE DISTRICTS - For the purpose
of this ordinance, the Town of Southold, outside of the
Incorporated Villages, is hereby divided into districts
designated as follows:
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"A" RESIDENTIAL AND AGRICULTURAL DISTRICTS
"M" LIGHT MULTIPLE RESIDENCE DISTRICTS
"M-I" GENERAL MULTIPLE RESIDENCE DISTRICTS
"B" LIGHT BUSINESS DISTRICTS
"B- 1" GENERAL BUSINESS DISTRICTS
"C" LIGHT INDUSTRIAL DISTRICTS
"C- 1" GENERAL LIGHT INDUSTRIAL DISTRICTS
SECTION 201 - ZONING 1VLAP ~ The boundaries of
the said districts are hereby established as shown on the
Building Zone Map which accompanies, and which, with
all explanatory matter thereon, is hereby adopted and
made a part of and incorporated into this ordinance. 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 ami benefit of the pub-
lic.
SECTION 202 - DISTRICT BOUNDARIES - In
determining the boundaries of districts shown on the zoning
map, the following rules shall apply:
1. Where district boundaries are indicated as
approximately following the center lines of streets, high-
ways, waterways or railroad rights-of-way or such lines
extended, such center Lines shall be construed to be such
boundaries.
2. Where such boundaries are indicated as approxi-
mately following the property lines of parks or other publicly
owned lands, such lines shall be construed to be such
boundaries.
3. Unless otherwise shown° all district boundaries
running paralteL to streets shall be construed to be 200 feet
back from the rights-of-way of said streets.
4. In all cases where a district boundary divides a lot
in one ownership and more than 50% of the area of such lot
lies in the less restricted district, the regulations prescribed
by this ordinance for the less restricted district shall apply
to such portion of the more restricted portion of said lot
which lies within 30 feet of such district boundary. For
purposes of this section, the more restricted district shall be
deemed that district subject to regulations which: prohibit
the use intended to be made of said lot; or require higher
standards with respect to coverage, yards, screening, land-
scaping and similar requirements.
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5. In all cases where a district boundary line
is located not more than 15 feet from a lot line of
record, such boundary line shall be construed to co-
incide with such lot line.
6. 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.
7. Unless sho~vn on the zoning map, ali tidal
lands and lands under water shall be deemed to be
within the use district to which they are contiguous.
SECTION 203 - EFFECT OF ESTABLISHMENT
OF DISTRICTS - Following the effective date of this
ordinance:
1. No building shall be erected, moved, altered,
rebuilt or enlarged nor shah any land or building be
used, designed or arranged to be used for any purpose
or in any manner except in conformity with all regula-
tions, requirements, and restrictions specified in this
ordinance for the district in which such building or land
is located.
2. No yard or open space required in connection
with any building or use shall be considered as providing
a required open space for any other building on the same
or any other lot.
3. No lot shall be formed from part of a lot already
occupied by a building un[ess such building, all yards and
open spaces connected therewith, and the remaining lot
comply with all requirements prescribed by this ordinance
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 ail the provisions of this ordinance.
4. Nothing contained in this ordinance shall requtre
any change in the plans, construction, or designated use of
a building complying with the Zoning Ordinance in force
prior to this Ordinance, if the following [s found to exist:
(a) A building permit shall have been duly
issued and construct[on shall have been started before the
effective date of this ordinance.
(b) The ground story framework (including
the second tier of beams) shall have been completed within
slx months of the date of the building permit; and
(c) The entire building shall have been com-
pleted in accordance with such plans as have been filed with
the Building Inspector within one year from the effective
date of this ordinance.
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5. Any use not permitted by this ordinance
shall be deemed to be prohibited.
6. Notwithstanding the [imitations imposed by
any other provisions of this ordinance, no building,
dredging, or filling operation shall be permitted be-
low the datum of mean high water of tidal waters un-
less such building, dredging, or filling operations
have been duly authorized and are conducted in con-
formity with ail laws, ordinancesj rules and regula-
tions of all governmental agencies having jurisdiction
thereof.
III. By amending Article III to read as follows:
ARTICLE III
Residential and AgricuLtural
District
SECTION 300 - In an "A" District, no building
or premises shall be used, and no buitding 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. The following commercial agricultural
operations and accessory uses, including irrigation,
thereto, provided that there shall be no storage of
manure, or other odor or dust-producing substance
or use. except spraying and dusting to protect vegeta-
tion, within 150 feet of any lot line.
(a) The raising of field and garden
crops, vineyard and orchard farming, the maintenance
of nurseries, and the seasonal sale of products thereof
in buildings subject to the following special requirements:
i. All one-story buildings for display
and retail sales of agricultural and nursery products
grown primarily on the premises shall not exceed 1, 000
square feet in floor area. Display of produce shall be not
less than 10 feet from all street and lot lines. Any stand
in excess of 100 square feet in floor area shall be set back
20 feet from the street line. Any stand in existence at the
effective date of this ordinance must, within one )eat-,
comply with alt of the provisions hereof.
ii. All signs shall conform to the
provisions of Section 300 C 7 (b)
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(b) Keeping, breeding and raising fowl,
except ducks, and large domestic an[ma£s on lots of ten acres or more.
(c) Keeping of horses and ponys owned and
used by the owner of the premises for his persona[ use provided that
the land area devoted to such use shall not be tess than 40, 000 square feet.
(d) Barns, storage buildings, and other
related structures, provided such buildings shah conform to the yard
requirements for principal buildings.
(3) Buildings, structures, and uses owned or operated
by the Town of Southold.
B. Uses Permitted by Special Exception by the Board of
Appeals as herein provided.
The following uses are permitted as a spec[a[ exception
by the Board of Appeals as hereinafter provided and subject to Site Plan
approval by the Planning Board in accordance with Article XIV hereof.
1. Two family dwellings, conversion of existing
buildings and new construction, not to exceed one such dwelling on each lot.
2. Places of worship including par[shhmses (but
excluding a rectory or parsonage which shall conform to the requirements
for a one-family dwelling), subject to the fo[lowing requirements:
(a) No building or part thereof shall be erected
nearer than 50 feet to any street line and nearer than 20 feet to any lot
line.
(b) The total area covered by all principal and
accessory buildings shall not exceed 20% of the area of the lot.
3. Private schools, colleges, and other educational
institutions, subject to the fo[Iow[ng requirements:
(a) No building shall be less than 50 feet from
any street or lot line.
(b) The total area occupied by ali principal and
accessory buildings shall not exceed 20% of the area of the lot.
(c) Any such school shah be a non-profit organ[-
zation within the meaning of the Internal Revenue Act and shall be regis-
tered effectively thereunder as such.
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(d) Any such school shatn occupy a not with an
area of not Less than five acres pnus one acre for each 25 pup[is for which
the building is designed.
4. Libraries, philanthropic, elee~nosynary or reLig-
ious institutions, hospitals, nursing and rest homes, or sanitaria for
general medical care, but excluding facilities for the treatment of ann
types of drug addiction, subject to the following requirements:
(a) No buinding or part thereof or any parking
or toading area, shall be Located within 100 feet of any street, or 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
2-1/2 stories.
(d) The entire not, except areas occupied by
buitdings, parking or Loading areas shall be sultabny Landscaped and
properly maintained.
(e) Sufficient exterior iliumination of the site
shall be required to provide convenience and safety. ~4~£l such ittum[na-
[ion shall be shielded from the view of aln surrounding streets and Lots.
(f) Any nursing home, hospital, or sanitarium
shall meet the following standards: Ali buildings shall be of fire
resistive construction; alt such uses shelf be served by adequate water
and sewer systems approved by the Suffolk County Department of Health;
patients suffering from communicable diseases shall not be permitted
in any nursing home or sanitarium (communicable diseases are defined
by the Sanitary Code of the Public Health Counci~ of the State of New
York); 8, 000 square feet of £ot area shall be provided for each patient
bed.
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5. Public utility rights-of-way as well as
structures and other installations necessary to serve
areas within the Town, subject to such conditions as the
Board of Appeals may impose in order to protect and
promote the health, safety, appearance and general
welfare of the community and fhe character of the neigh-
borhood in which the proposed structure is to be constructed.
6. Fraternity houses, golf courses, annual member-
ship clubs, catering exclusively to members and their guests
or other recreational facilities open to the public and acces-
sory playgrounds, beaches, swimming poolsj tennis courts,
and recreational buildings, subject to the following require-
ments:
(a) No building or part thereof or any parking 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) 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 acres.
(e) The direct source of ali exterior lighting shall
be shielded from the view of surrounding residential lots.
7. Children~s recreation camps organized primarily for
seasonal use, subject to the following requirements:
(a)No building, tent, activity area or recreation
facility shall be less than 200 feet from any lot line, and shall
be effectively screened therefrom as required by the Planning
Board. Buildings intended for use as sleeping quarters shall
be not less than 30 feet from each other, exce!~t tents, which
shall be not less than 10 feet apart.
(b)The minimum lot area shall be not less than
10,000 square feet for each cottagej tent or other principal
building, and not less than 3, 000 square feet of land area
shall be provided for each person accommodated in the buildings
or tents on the premises.
(c) All outdoor lighting shall be arranged and/or
shielded to eliminate the glare of lights toward nearby resi-
dential lots, streets, or other public facilities.
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d. The sound Level of ail outdoor public
address systems shall not exceed the intensity tolerable in a
residential neighborhood.
8. Labor camps, including farm and non-farm, subject
to the following requirement:
(a) Ail farm labor camps on farms shah be
constructed in conformance with appLicabLe Laws and shall not be
located nearer to any other residence khan it ts Located to the residence
of the employer except by specific review and approval of the Board of
Appeals.
9. Boat docking fac~tities for the docking, mooring, or
accommodation of non-commerciaL boats, subject to the following
requirement:
(a) There shah be docking or mooring facilities
for no more than two boats than those owned and used by the ox~mer of
the premises for his personal use.
10. Veterinarian offices and anima! hospitals subject to the
following requirement:
(a) Tbe housing of aLL an[mats shatL be [na fully
enclosed structure if nearer than 100 feet to any lot tine.
11. Cemeteries.
12. StabLes and riding academies.
13. Funeral homes and undertaking establishments.
14. Yard sates, attic sales, garage sales, auction sales, or
similar sates of persona[ property, provided that not more than one such
sale shah be conducted on any lot in any one calendar year.
C. Accessory uses, Limited to the fo[towing:
1. Home occupations shaLt be understood to include the
professional office or studio of a doctor, dentist, teacher, artist, architect,
engineer, n~usicmn, [a~vyer, magistrate or practitioner of a similar
character or rooms used for home occupations including home baking,
dressmaking, mitL[nery or similar handicrafts, PROVIDED that the off[ce,
studio or occupat[ona~ rooms are located in a d~veLtmg tn which the practi-
tioner resides and in a building accessory thereto, and PROVIDED further,
no goods are publicly displayed on the premises and no sign or advertise-
men[ ts shown other than a sign not target than two (2) square feet in to[at
area, bearing only the name and occupation (words only) of the practitioner,
provided that:
(a) No display of goods are visabte from the street.
-14-
~b) Such occupation is incidental to the
residential use of the premises and is carried on in the main buildinb
by a resident therein with not more than one non-resident assistant.
(c) Such occupation is carried on in an area
not exceeding 30% of the area of one floor of the main build[ng.
(d) There shaLL be no exterior effect at the
property lille such as noise, traffic, odor, dust, smoke gas, fumes, or
radiation.
(e) That such office or studio is incidental
to the residential use of the premises and is carried on by the resident
and not more than one non-res[dent assistant; and
(f) That such office or studio shati occupy
not more than 30% of the area of one floor of the main building.
(g) That studios where dancing or music
instruction is offered to groups in excess of five (5) pupils at one time
or where concerts or recitals are he[d, are prohibited.
3. Garden house, tool house, piayhouse, wading
pool, or swimming poo[ incidental to the residential use of the premises
and not operated for gain, subject to the following requirements:
(a) Any swimming pool sha[i be completely
enclosed with a permanent chain-link (or similar type) fence of not
more than 2 inch mesh not less than 4 feet in height erected, maintained
and provided with a self-closing, se[f-locking, gate to prevent unauthori-
zed use of the ?oo1 and to prevent accidents. However, if said pool is
IDcated more than four feet above the ground, then a fence is not required, '
provided that all points of access to said pool are adequately protected
by a self-closingj self-locking gate. Any swimming pool in existence at
the effective date of the provisions of this paragraph shall w~th[n one
year from such datej comply with ail of the provisions hereof.
-15-
4. Private garages, provided, however,
that not more than two passenger automobile spaces
in such garages may be teased to persons not rest-
ent on the premises.
5. The storage of either a boa[ or trailer
owned and used by the owner or occupant of tbe premises
on which stored for his personal use~ subject to the
following requirements:
(a) Such boat or trailer shall not exceed
30 feet in length.
(b) Such boat or trailer shall be stored
only in the required rear yard, and the area occupied
therefore, together with the area or'all buildings in the
rear yard shall not e×eeed 40% of the area of the required
rear yard.
(c) Such boat or trailer shall not be located
within 15 feet of any street or lot line.
6. Horses and domestic animals other than dogs,
shall not be penned or boused within 50 feet of any ~ot tine.
Housing' for flocks or more of 25 fowl shall not be constructed
~vithin 50 feet of any ~ine.
7. The following signs, subject to the
supplementary sign regulations hereinafter set forth.
(a) One indirectly illuminated nameplate or
professional sign not more than two (2) square feet in area.
(b) Not more than three signs with a combined
total area of not more than seventy-two (72) square feet
no one of which shall be larger than 4 feet by 6 feet in size,
advertising only the sale of farm, garden or nursery products
produced or grown on the premises or of animals raised on
the premises;
-16-
(c) One real estate sign, either single
or double faced, not larger than three (3) feet by four
(4) feet in size on any one or more loLs, advertising the
sale or lease of only the premises on which it ts main-
tained and setback not [ess than 10 feet from any [of
tine.
(d) One sign, either single or double
faced, not exceeding twenty-four (24) square feet in size,
setback at least thirty-five (35) feet from the street tine
and ten (10) feet from either side Line, advertising the
sate or lease of acreage or the sale of tots in a subdivision
having a continuous frontage of 500 feet or
(e) One bulletin board or other announce-
ment or identification sign for uses permitted in Section
300 B. 2, 3, 4, 6, ?, and 10 hereof, not more than 32 square
feet in area, located not less than 5 feet from any street or
lot tine.
(f) Such other signs as may be authorized
as a special exception by the Board of Appeais as hereinafter
provided.
SECTION 301 - LOT AREA, YARDS, OPEN SPACES,
FLOOR AREA, AND PARKING REQUIREMENTS: No
building or premises shall be used, and no building or part
thereof shall be erected or altered in the "A" Residential
and AgricuLtural District unless the same conforms with
the "Bulk and Parking Regulation Schedule" incorporated
into this ordinance by reference, with the same force and
effect as if such regulations were set forth herein in full.
SECTION 302 - ACCESSORY BUILDING: In the "A"
Residential and Agricultural District, accessory buildings
and structures, or other accessory uses may be located in the
required rear yard, subject Lo the following requirements:
1. Such buildings shall not exceed eighteen
(18) feet in height.
2. Such buildings shall be set back not less
than three (3) feet from any lot Line.
3. All such buildings in the aggregate shaI[
occupy not more than forty (40) percent of the area of ~he
required rear yard.
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SECTION 303 - ESTABLISHED FRONT YARD
SET-BACK - ',%~ere property in the vicinity is improved
with permanent dwellings with a front yard area of more
or [ess than that required by the provisions of this ordin-
ance, the front yard set-back shall be the average setback
of the existing dwellings within 300 feet of the proposed
dwelling~ on the same side of the street, within the same
block, and the same use district.
SECTION 304 - CORNER LOTS - On a corner loL
front yards are required on both street frontages, and
one yard other than the front yards shall be deemed to
be a rear yard and the other or others, side yards. No
obstruction to vision exceeding 30 inches in height above
curb Level shall be erected or maintained at street inter-
sections within the triangle formed by the street lines of
such Lot and a line drawn between points along such street
tines 30 feet distant from their point of intersection.
SECTION 305 - FENCES, WALLS & HEDGES -
Subject to the provisions of Section 304, fences, walls,
hedges, or other live plantings within 5 feet to property Line
may be erected and maintained subject to the following height
limitations:
(a) When located in the front yard, along front yard
property Line, the same shall not exceed three (3) feet in
height.
(b) When located along side and rear Lot lines the
same shall not exceed 6-1/2 feet in height.
(c) When Located other than in the front yard area
or along side or rear lot lines, the same shall not exceed
eight (8) feet in height.
(d) Fences, walls or other permanent structures shah
not be closer than 6 inches to property line. Hedges and plantings
shall not be closer than two (2) feet to property line.
IV. By renumbering Article III B to be Art[cie IV and amending the same to
read as follows:
ARTICLE IV
"M" LIGHT MULTIPLE RESIDENCE DISTRICT
SECTION 400 - In an "M" 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:
-18-
A. Permitted Uses
1. Any permitted use set forth in and as
regulated by Section 300 A of this ordinance.
2. Multiple dwe£lings designed for and
occupied by not more than four (4) families.
3. Boarding and tourist houses.
B. Uses permitted by Special Exception by the
Board of Appeals, as hereinafter provided.
The fo[lowing uses are permitted as a Special
Exception by the Board of Appea[s as hereinafter provided and
subject to Site Plan approval by the Planning Board in accordance
with Article XIV hereof.
1. Any Special Exception use set forth in and as regulated
by Section 300 B of this ordinance.
C. Accessory Uses
1. Any accessory use set forth in and as
regulated by Section 300 C of this ordinance.
2. Accessory uses on the same tot wtth and
customarily incidental to any permitted use and not invcrtving
a separate business.
3. Signs, subject to the following requirements:
(a) One advertising sign, either single or
double faced, not more than fifty (50) square feet in area, the
£ower edge of which shall not be tess than four {4) feet above the
ground, exclusive of pillars and posts, and the upper edge of
which shall not project more than 15 feet 6 inches above the
ground.
-19-
(b) Such sign shall advertise only the
business conducted on the premises upon which it is located.
(c) Such sign shall be set-back not less
than five (5) feet from all sfreet and lot lines.
(d) Such si~n shall comply with all of the
supplementary sign regulations hereinafter set forth.
SECTION 401 - LOT AREA, YARDS, OPEN SPACES,
FLOOR AREA, AND PARKING REQUIREMENT: No building or
premises shall be used, and no building or part thereof shal£ be
erected or altered in the "l~I" Light l¥IuttiDle Residence District
unless the same conforms with the "Bulk and Parking Regu£ation
Schedule" incorporated into this ordinance by reference, with the
same force and effect as if such regulations were set forth herein
in full.
V. By renumbering Article III A to be Article V and amending the same to
read as follows:
ARTICLE V
"1¥[- 1" GENERAL MULTIPLE RESIDENCE DISTRICT
SECTION 500 - In an "M-i" District, no building or pre-
mises 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
Section 300 A and Section 400 A of this ordinance.
B_ Uses Permitted by Special Exception by the Board of Appeals
as hereinafter provided.
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 in accordance with Article
hereof.
-20-
(
1. Any special exception use set forth iu and
as regulated by Section 300 B of this ordinance.
2. Marinas for the docking, moorinG, or
accomn~odation of non-commercial boats.
3. Ivlu~tip~e dwellings
4. Hotels and I~Iotels
5. Tourist Camps
C. Accessory Uses
I. Any accessory use set forth in and as regulated
by Section 300 C and 400 C of this ordinance.
2. Accessory uses on the same [o~ with and custo-
marily incidentalto any pern~itted use and not involving a separate
business.
SECTION 501 - LOT AREA, YARDS, OPEN SPACES,
FLOOR AREA, AND PARKING REQUIREMENT: No building or
premises shall be used, and no bui£ding or part thereof shah be
erected or altered in the "M-I" General Nlult[pte Residence
District unless the same conforms with the "Bulk and Parking
Regulation Schedu£e" incorporated into this ordinance by reference
with the same force and effect as ~f such regulations were set forih
herein in fuji.
SECTION 502 - BUILDING LENGTH & SEPARATION -
No building shall exceed 125 feet in Length. The minimum
distance between principal buildings shall be equal to 2
times the height of tile highest building, and the minimum
distance between a principal and an accessory building shall
be 20 feet. Any inner court shall have a minimum
-21-
dimension of 60 feet and any outer court shall have a
minimum dimension of 20 feet and its depth shalt not
exceed its width.
VI.
to read as fo£[ows:
By renumbering Arlicle IV Bio be Article VI and amending' the same
ARTICLE VI
"B" LIGHT BUSINESS DISTRICT
SECTION 600 - In a "B" District, no building or
premises shall be used, and no building or part of a
buitding shall be erected, or altered, which is arranged,
intended, or designed to be used, in whole or in part,
for any uses except the for[owing:
A. Permitted Uses
1. Any permitted use set forth in and as
regulated by Section 300 A, Section 400 A, and Section
500 A of this ordinance.
offices.
2. Business, professional and governmental
3. Banks and financial institutions
4. Retait stores
5. Restaurants
6. Bake Shops (for on-premises sale at retail)
7. Laundromats and similar estab£ishments
8. Personal service stores and shops
9. Mar[nas for the docking° mooring, and
accommodation of non-commercial boats including the
sate of fuel and oit primarily for the use of boats
accommodated in such marina.
-22-
B. Uses Permitted By Special Exception by
The Board of Appeals As Hereinafter Provided
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 in accordance with Artic£e
hereof.
1. Any special exception use s~t forth
in and as regulated by Section 300 B and Section 400 B and Section
500 B of this ordinance.
C. Accessory Uses
1. Any accessory use set forth in and
as regulated by Section 300 C. Section 400 C. and
Section 500 C of this ordinance.
2. Accessory uses on the same lot with
and customarily incidental to any permitted use and
not involving a separate business.
3. Signs. subject to the following requirements:
(a) DETACHED OR GROUND SIGNS-
One (1) Sign. single or double faced, not more than six (6)
feet six (6) inches in height, and twelve (12) feet six (6)
inches in width, the lower edge of which shall be
less than four (4) feet above the ground and the upper edge of
which shall not extend more than fifteen (15) feet six (6)
inches above the ground, which sign shall be set back not less than
five (5) feet from ail street and property lines and shall ad-
vertise only the business conducted on the premises.
(b) WALL SIGNS - One (1) sign attached to
or incorporated in each building wall on a public street and
advertising only the business conducted in such building,
provided such sign does not:
~23-
(
i. Exceed two (2) square feet in total
area for each horizontal foot of such wall, and
ii. Exceed in width one hundred (100)
percent of the horizontal measuren~ent of such walt.
iii. Exceed ten (10) feet in height.
and
iv. Project more than oue (1) foot
from such wail.
(c) ROOF SIGNS - In lieu of a wall sign
authorized by the preceding subdivision (b), a roof
sign shall be permitted provided the same is attached
to or incorporated in a roof~ which sign shall adver-
tise only the business conducted in the building upon
which it is attached, and provided that such sign does
not:
i. Exceed two (2) square feet in
total area for each lineal foot of such roof, and
ii. Extend above the highest point
of the roof in the case of a pitched roof, and in ali
other cases exceed two (2) feet six (6) inches in height
above the highest point of the roof, and
iii. Project beyond the edge of the
roof.
SECTION 601 - LOT AREA, YARDS, OPEN SPACES,
FLOOR AREA, AND PARKING REQUIREMENTS: No
buiiding or premises shall be usedj and no building or
part thereof shall be erected or altered in the "B" Light
-24-
Business District unless the same conforms with
the "Bulk and Parking Regulation Schedule" incor-
porated into this ordinance by reference, with the
same force and effect as if such regulations were
set forth herein in full.
SECTION 602 - RETAIL SHOPPING CENTERS-
Notwithstanding any other provisions of this article
a building or a combination of buildings containing
retail stores, mercantile establishments, offices,
banks, and financial institutions, commonly known
as shopping centers, may be erected or altered in
the "B" Business District, subject, howeverj to
the following requirements:
1. Approval of Site Development Plans
by the Planning Board in accordance with Artic£e
XIV hereof.
2. The lot area shall be not [ess than
one (1) acre, and the lot width shall be not [ess than 150 feet.
3. At least twenty-five (25) percent
of the lot area shall be landscaped with grass and
plantings.
4. The required front yards shall be not
less than thirty-five (35) feet except that where the
property in the vicinity is partly built up with per-
manent buildings and an average set-back kine has
been established,no buildings shall project beyond
the line of the average setback so established.
5. The required side yards shall be not
less than twenty-five (25) feet.
6. The required rear yard shall be not
less than twenty-five (25) feet.
7. Parking shalI be provided in offstreet
paved parking areas which shall provide for one (1)
parking space, three hundred thirty-four (334) square
feet in area, for each one hundred (I00) square feet
-25-
of sales floor area or office floor area in each building.
8, Ail rainfall and storm water accumu-
lated on the premises shall be returned to the ground
within the boundaries of the premises.
9. The total floor area for each retail or
service establishment located therein shall not exceed
10,000 square feet.
SECTION 603 - USES CONEINED TO BUILDINGS -
Ali uses permitted in a "B" District including the dis-
play and sale of merchandise and the storage of ail
property shall be confined to fully enclosed buildings On
the premises.
VII. By renumbering Article IV A to be Article VII and amending the same
to read as follows:
ARTICLE VII
"B-1" GENERAL BUSINESS DISTRICT
SECTION 700 - In the "B-I" District, no building
or premises shall be used. and no buitding or part there-
of shall be erected or altered, ~vhich is arranged, intended,
or designed to be used. in whole or in part. for any uses
except the folloxving:
A. Permitted Uses
1. Any permitted use set forth in and as regu-
lated by Section 300 B, Section 400 B, Section 500 B,
Section 600 B and Section 602 of this ordinance.
B. Uses Permitted by Special Exception by the
Board of Appeals As Hereinafter Provided.
The following uses are permitted as a Special
Exception by the Board of Appeals as hereinafter provided
subject to Site Plan Approval by the PlanningBoard in
-26-
accordance with Article XIV hereof.
1. Any special exception use set forth in
and as regu£ated by Section 300 B and Section 500 B.
2. Places of amusement
3. Fishing stations
4. Public garages, gasoline-s~rvice stations,
and new and used car lots, all subject to the following
requirements:
(a) Entrance and exit driveways shall
have an unrestricted width of not [ess than 12 feet
and not more than 30 feet, and shall be located not
less than 10 feet from any property line and shall be
so mid out as to avoid the necessity of any vehicle
backing out across any public right-of-way.
(b) Vehicle Lifts or pits, dismantled
automobiles, and ali parts or supplies shaI[ be located
within a building.
(c) Ali service or repair of motor vehicles
other than such minor servicing as change of tires or
sale of gasoline or oil, shall be conducted in a building.
(d) The storage of gasoline or flammable
oils in bulk shall be located fully underground and not
less than 35 feet from any property tine other than the
street line.
(e) No gasoline or fuel pumps or tanks shall
be located tess than 15 feet from any street or property line.
(f) No motor vehicle sales, used car [ots,
-27-
gasoline service or repair shops, or similar businesses
are to be located within 300 feet of a church, public school,
library, hospital, orphanage, or a rest home, or within
300 feet of any residence district.
C. Accessory Uses
1. Any accessory use set forth in and as regu-
lated by Section 300 C, Section 400 C~ Section 500 C, and
Section 600 C of this ordinance.
2. Accessory uses on the same lot with and
customarily incidental to any permitted use and not [n-
voiving a separate business.
SECTION 701 - LOT AREA, YARDS, OPEN SPACES,
FLOOR AREA, AND PARKING REQUIREMENT: No building
or premises shall be used, and no building or part thereof
shall be erected or altered in the "B-i" General Business
District unless the same conforms with the "Bulk and Parking
Regulation Schedule" incorporated into this ordinance by
reference, with the same force and effect as if such regulations
were set forth herein in full.
VIII. By renumbering Article IV to be Art,cie VIII and amending the same to
read as follows:
ARTICLE VIII
LIGHT INDUSTRIAL DISTRICT
SECTION 800 - In a "C" District, no building or
premises shall be used, and no building or part of a building
shall be erected or altered, %vhich is arranged, intended, or
designed, to be used. [n whole or in part, for any purpose,
except the fo[towing:
A. Permitted Uses
1. Any permitted use set forth in and as regulated
by Section 300 A, Section 400 A, Section 500 A, Section 600
Section 602, land Section 700A of .this ordinance.
B. Uses Permitted, by Special Exception by the Board of
Appeals as hereinafter provided, sub3ect to Site Plan Approval by
the Planning Board in accordance with Article XIV hereof.
1. Industrial uses including manufacturing,
assembling, converting, altering, finishing, cleaning', or
other processing, handling, or storage of products or
materials, involving the use of only oil, gas or electricity
-28-
for fuel.
2. Research, design, and development
Laboratories; office buildings.
3. Wholesale storage and warehousing.
4. Building contractors yards.
5. Public utility structures and uses.
6. Newspapers and printing establishments.
7_ Bus and truck terminals (garages, parking
facilities, loading docks, etc.)
8. Food processing and packaging plants.
9. Marinas for docking and mooring all types of boats.
10. Launching facilities,
11. Ferry terminals
12. Yacht clubs, charter fishing docks.
13. Eating and driaking estabtishments.
14. Retail sales of boats and marine items.
15. Boat building, boat servicing, boat storage
facilities.
16., Yards for sale and storage of fuel and building
materials.
Special Exception Uses
1. Any special exception use set forth in and as
regulated by Section 300 B, Section 400 Bj Section 500 B,
Section 600 B, and Section 700 B of this ordinance.
-29-
2. Accessory Llses on the same tot with
and customarily incidental to any permitted use and not
involving a separate business.
SECTION 801 - LOT AREA, YARDS, OPEN SPACES
FLOOR AREA, AND PARKING REQUIREMENT: No building
or premises shall be used, and no building or part thereof
shall be erected or altered in the "C" Light Industrial
District un[ess the same conforms wiLh the "Bulk and
Parking Regulation Sel~edu[e" incorporated into this
ordinance by reference, with the same force and effect
as if such regulations were set forth herein in full.
IX. By renumbering Article V to be Article IX and amending the same to
read as follows:
ARTICLE IX
"C- 1" GENERAL INDUSTRIAL DISTRICT
SECTION 900 - In the r'C-l" District, buildings arid
premises may be used for any lawful purpose except that the
uses heremafter set forth are permitted only by Special
Exception by the Board of Appeals as hereinafter provided.
and are subject to site plan approval by the Planning Board
in accordance with Articie XIV hereof.
1. Abattoirs.
2. Acetylene gas manufacture or gas manufacture from
coke, petroleum or from any other product or the storage thereof.
3. Acid manufacture
4. Ammonia, b[eachtng powder or chlorine manufacture
5. Arsenal
6. Asphalt manufacture, and asphalt mixing plants
7. Blast furnace
8. Cement, Lime, gypsum or piaster of paris manufactnre
ready mix or bulk concrete plants and block manufacturing.
9. Coke ovens
10. Crenlator ~es
11. Distillation of bones
-30-
12.
13.
14.
15.
16.
17.
dumping.
18.
DwelI[ngsj ail types.
Explosives, manufacture or storage.
Fat rendering.
Fertilizer manu~'acture.
Fire works manufacture.
Garbage, offal or dead animals~ reduction or
Gluej size or gelatin manufacture.
19. Gunpowder manufacture or storage.
19A. Automobile wrecking and all o~her junk yards.
20. Oitcloth or lino!eum manufacture_
21. Oited, rubber, or leather manufacture.
22. Ore reduction.
23. Paint, o[ij shellac, turpentine or varnish manufac-
24. Paper and pulp manufacture.
25. Petroleum refining, storage tanks.
26. Potash works.
27. Rolling mitI.
28. Rnbber or gutta-percha manufacture.
29. Salt xvorks.
30, Sauerkraut manufacture.
-31-
38.
39.
40.
41.
42.
skins.
43.
44.
45.
46.
31. Shoe blacking or stove polish manufacture.
32. Smelting.
33. Soap manufacture.
34. Stockyards or slaughter houses.
35. Stone mjb or quarry.
36. Structural steel or pipe works.
37. Sulphuric, nitric, or hydrochloric acid
manufacture.
Sugar refining.
Tar distillation or manufacture.
Tar roofing or waterproofing' manufacture.
Tallow, grease, or lard rnanufacture.
Tanningj curing, or storage of rawhides or
Tobacco (chewing) manufacture or treatment.
Vinegar manufacture.
Yeast plant.
Airports and Airfields.
SECTION 901 - SPECIAL EXCEPTION USES &
SITE PLAN APPROVAL - Notwithstanding any of the pro-
visions of this Artic£e IXj where a use is permitted in
any use district only as a special exception by the Board
of AppeaLs, such use is not permitted in a "C-i" District
except as a special exception by the Board of Appeals° and
where a use in any use district is subject to site plan ap-
proval of the Planning Board, such use in a "C-I" District
shall require site plan approval of the Ptanning Board.
-32-
SECTION 902 - SIGNS - Signs specified in and
as regulated by Section 600 C of this ordinance are permitted
in a "C-I" District.
SECTION 903 - LOT AREA, YARDS, OPEN SPACES,
FLOOR AREA, AND PARKING REQUIREMENT: No building
or premises shall be used, and no building or part thereof
shai£ be erected or altered in the "C-I" General Indastrlai
District un[ess the same conforms with the UBulk and Parking
Re~oulation Schedule" incorporated into this ordinance by
reference, with the same force and effect as it such regulations
were set forth herein in full.
X. By renumbering Article VI to be Article X and by renumbering and
amending the sections of said article to read as follows:
1. Section 600 renumbered Section 1000
2. Section 601 renumbered Section 1001
3. Section 604 renumbered Section 1002 and the words
"Article VI" in said Section to be amended to read "This Article."
XI. By adding a New Article to be Article ~ and amending the same to
read as follows:
ARTICLE XI
SUPPLEMENTARY PROVISIONS
SECTION 1100 - SIGNS - The provisions of this Section
shall apply in all districts.
1. No sign, billboard, advertising, display or structure,
poster or devise shalibe erected, moved, enlarged or recon-
structed except as expressly permitted in this ordinance.
2, The following ~ypes of signs or artificial lighting are
prohibited:
(a) Billboards
(b) Flashing signs, including any sign or device
on which fhe artificial light is not main+ained stationary, and
constant in intensity and color, at ail times when in use.
(e) Signs which compete for attention with, or may
be mistaken for a traffic signal.
(d) The outlining by direct illumination of ali or
any part of a building such as a gable, roof, side wall or corner.
(e) Signs made out of cardboard, paper, canvas or
similar impermanent materiaL.
-33-
SECTION 1101 - OFF-STREET PARKING RE-
QUIREMENTS - Off-street parking spaces open or
enclosed, are permitted accessory to any use subject
to the following provisions:
1. Schedule of Parking Requirements: .Accessory
off-street parking spaces, open or enclosed, shall be
provided in alt use Districts for any use specified below.
Any rand which is developed as a unit under single owner-
ship and control shall be considered a single lot for the
purpose of these parking regulations. Reasonable and
appropriate off-street parking requirements for structures
and uses which do not fail within the categories listed be-
low shall be determined by the Planning Board upon con-
stderation of ali factors entering into the parking needs
of each use.
For
At Least One Parking Space for I~ach
Places of worship
libraries, and other
public buildings.
200 square feet of floor area,
but not [ess than one space for
each five seats where provided.
Golf courses and other
country clubs
2 members or accommodations
(such as lockers) whichever [s
greater.
Secondary Schools
Two spaces per classroom plus
one space for each ~ seats in any
auditorium or place of assembly.
Elementary Schools
Two spaces per ClaSSFOO[/1 ~)[US
one space for each five seats tn
any auditorium or other ptace of
assembly.
Hospitals, sanitaria,
nursing homes, phi[an-
thropic, or eleemosynary
institutions.
1 bed
Rooming Houses
Guest room.
-34-
For
At Least One Parking Space for Each
Eating and Drinking
places
5 seats
Undertakers and
Funeral Homes
t~mployee; p£us 25 spaces for
each chapel.
Hotels and Motels
Guest room plus one for each
emp£oyee.
Bowling atteys
5 per aI£ey.
Home occupation or
accessory professional
office except physicians
and dentists
3 spaces per each home occupa-
tion or accessory professional
office.
Professional offices of
physicians and dentists
5 spaces per each physician or
dentist.
2. Areas Computed as Parking Spaces. Areas which
may be 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 a one-
family or two-family residence may count as one parking
space, other than on a corner lot.
3. Size of Spaces. Three hundred and fifty square
feet shall be considered one parking space (to provide room
for standing area and aisles for maneuvering). Entrance
and exit £anes shall not be computed as parking space except
for driveways for one-family and two-family residences.
The minimum parking stall width shalt be ten feet, and the
minimum lengO~h shall be 20 feet.
4. Access. Unobstructed access to and from a street
shatlbe provided. Such acc-ess shall consist of at least one
10-foot lane for parking areas with Less than 20 spaces, and
at least two 10-foot Lanes for parking areas with 20 spaces or
more. No entrance or exit for any off-street parking area
sha[t be tocated within 50 feet of any street intersection.
-35-
5. Drainage and Surfacing. X[£ open parking areas
shall be properly drained within the premises and all such
areas shall be provided with a dustless surface, except
for parking spaces accessory to a one-family or two-
family residence.
6. Joint Facilities. Required parking spaces, open
or enclosed° may be provided in spaces designed to serve
jointly two 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 ali such establishments.
?. Combined Spaces. When any lot contains two
or more uses having different parking requirements, the
parking requirements for each use shall apply to the ex-
tent of that use. Where it can be conclusively demonstrated
that one or mere 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 requirement.
8. Location and Ownership. Required accessory
parking spaces, open or enclosed, shall be provided upon
the same lot as the use to ~vhich they are accessory or
elsewhere, provided all spaces therein are located within
200 feet walking distance of such tot. In ail cases such
parking spaces shall conform to all the regulations of the
district tn which the 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 are
permitted in such residence districts or upon approval by
the Board of Appeals. Such spaces shall be in the same
ownership as the use to xvhieh they are accessory and shall
be subject to deed restriction, approved by the Board, binding
the owner and his heirs and assigns to maintain the required
number of spaces available either (a) throughout the existence
of such use to which they are accessory, or {b) until such
spaces are provided elsewhere.
9. On Lots Divided by District Boundaries. When a
-36-
parking lot is located partly in one district and partly
in another district, the regulations for the district re-
quiring the greater number of parking spaces shall
apply to ali of the tot. Parking spaces on such a Iot
may be located without regard to district lines, pro-
vided 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.
10. Parking Regulations in Multiple Dweltinff or
Attached Dwelling Developments. Wherever space is
provided for the parking of 5 or more vehicles in the
open, such spaces shall be individually identified by
means of pavement markings. No parking space shall
be located in any front yard or within 10 feet of any lot
line in side or rear yards. The parking of motor vehi-
cles is prohibited within 15 feet of any wail or portion
thereof of a two or more family dwelling, which wall
contains windows (other than bathroom or kitchen win-
dows) with a silt height of less than 8 feet above the
level of the said parking space. No service of any kind
shalt 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 tot or in any garage on such lot.
Parking areas shall be screened by a substantial wail,
fence, or thick hedge, approved by the Planning Board.
Generally such screening shall not be tess than 3 or
more than 8 feet in height.
11. Regulations for Parking Spaces Adjacent to
Lots in _Any Residence District.
(a) Wherever a parking area of over 5 spaces
abuts or is within 15 feet of the side or rear lot line of a
tot in any Residence District, the said parking lot shall
be screened from such adjoining tot by a substantial
wall, fence, or thick hedge, approved by the Planning
Board. GeneralIy such screen shall be not less than
3 or more than 8 feet in height.
-37-
(b) Whenever a parking area of over 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, walt or fence
approved by the Planning Board, located along a line
drawn paraliel to the street and a distance of 20 feet
therefrom; such screening to be interrupted only at
points of ingress and egress. Geueraily no such
screening shall be less than 3 feet or more than 6
feet in height. The open area between such screening
and the street shall be landscaped in harmony with the
iandscaping prevailing on neighboring properties
fronting on the same street. Two identification and
directional signs located on the street side of such
screening shall be permitted; however, they shall not
exceed an area of 3 square feet each.
12. Driveways. No driveway shall provide access
to a [or located in another district, which lot is used for
any use prohibited in the district [n which such driveway
is located.
13. Commercial Vehicles.
(a) One commercial vehicle not exceeding 25
feet in length may be parked on an occupied lot in any
Residence District, but not within the required yards of
such lot and [n no case between the street line or side lines
and the principal building.
(b) One commercial vehicle not exceeding 25
feet in length may be parked within a private garage in
any Residence District.
(c) Commercial farm vehicles are pertnitted
as accessory to a commercial farm use in any Residence
District.
SECTION 1102 - OFF-STREET LOADING REQUIRE-
MENTS - Off-street loading berths, open or enclosed, are
permitted accessory to any use (except one-or two-family
residences) subject to the fol[o~ving provisions:
-38-
1. Uses for Which Required. Accessory off-street
loading berths shall be provided for any use specified be-
[ow. Any land which is developed as a unit under single
ownership and control shah be considered a single
for the purpose of such loading requirements.
(a) For a public iibrar3L museum, or similar
quasi-public institution, or governmental building, con-
reunify center, hospital or sanitarium, nursing or conva-
lescent home, institution for children or the aged, or
school, with floor area of 10~ 000 square feet, 1 berth;
for each additional 25,000 square feet or fraction there-
of, 1 additional berth.
(b) imor buildings with professional, govern-
mental, or business offices, or laboratory establishments,
with floor area of 10,000 to 25, 000 square feet, 1 berth;
for each add[tiona[ 25, 000 square feet or fraction thereof
up to 100, 000 square feet, 1 additional berth; for each
additional 50, 000 square feet or fraction thereof, 1 addi-
tiona [ berth.
(c) For buildings with offices and retail sa[es
and service establishments, 1 berth for 8, 000 to 25, 000 square
feet of floor area, and 1 additional berth for each additional
25, 000 square feet of floor area or fraction thereof so used.
(d) For undertakers and funeral homes° 1 berth
for each chapel (Such berths shall be at least 10 feet wide
and 20 feet long.)
(e) For hotels, 1 berth for' each 2, 500 square
feet of floor area.
(f) For manufacturing, wholesale and storage uses~
and for dry-cleaning and rug cleaning establishments and
laundries~ 1 berth for 5, 000 to 10, 000 square feet of floor
area in such use, and 1 additional berth for each additional
20,000 square feet of fIoor area or fraction thereof so used.
In addition, adequate reservoir parking for waiting trucks
shall be provided.
2. Size of Spaces. Each required loading berth shall
-39-
be at Least 12, feet wid% 14 feet high, and in no event
smaller than required to accon~modate vehicles nor-
sally using such berths.
3. Location and Access. Unobstructed access,
at Least I0 feet wide, to and from a street shall be
provided. Such access may be combined with access
to a parking Lot. ALt permitted or required loading
berths shall be on the same Lot as the use to which
they are accessory, excepl as provided in subdivision
4. No entrance or exit for any off-street loading area
shall be located within 50 feet of any street intersect[on.
No off-street loading berth shall be Located in any re-
quired front yard.
4. Joint Facilities. Permitted or required Loading
berths, open or enclosed, m~y be provided in spaces de-
signed to serve jointly 2 or more adjacent establishments
provided that the number of required berths tn such joint
facilities shall not be less than the tota£ required for ali
such facilities.
S. On Lots Divided by l)istrict Boundaries. %%~hen 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 a lot may not be Located in
anyllesidence District, un[ess the use to which th~y ~re
accessory is permitted in such district, or upon the
approvalby the Board of Appeals.
SECTION 1103 - PROHIBITED USES IN ALL DIS-
TRICTS - The following uses are prohibited in ali districts:
1. Any use which is noxious, offensive or objection-
able 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 ~iquid or solid wastes in any form
in a 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, electro-
magnetic or other disturbance, or by reason of illumination
-40-
by artificial light or light reflection beyond the limits
of the lot on or from which such light or light reflection
emanatesj or which involves any dangerous fire explosive.
radioactive or other hazard, or ~hich causes injury, an-
noyance or disturbance to any of the surrounding proper-
ties or to their owners and occupants, and any other pro-
cess 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 regu-
lated by other government agencies.
2. Artificial Lighting facilities of any kind with
light sources visible beyond the lot lines which create
glare beyond such tines.
3. Carnivals and circuses and related activities
except for a temporary period on special license from
the Town Board.
4. Junk yard or refuse disposal sitej except a
refuse disposal site established as an official Town l~efuse
Disposal Site or duly authorized as a refuse disposal site
by the Town Board,
5. Uses involving primary production of the following
products from raw materials:
(a) Charcoal, and fuel briquettes. Chemicals:
aniline dyes, carbide, caustic soda, cellulose, chlorine,
carbon black and bone black, creosote, hydrogen and oxy-
gen, industrial alcohol, nitrates of an explosive nature,
potash, plastic materials and synthetic resins, pyroxlin,
rayon yarn, and hydrochloric~ nitric, phosphoric, picric~
and sulphuric acids. Coal, coke and tar products, including:
gas manufacturing; explosives; gelatin glue, and size (animal);
linoleum and oil cloth; matches~ paint, varnishes, and turpen-
tine; rubber (natural or synthetic); soaps, including fat ren-
dering; starch.
6. The following processes: nitrating of cotton or
or other materials; millin~ or processing of flour, magnesium
foundry; reduction, refining, smelting and alloying metal or
-41-
metal ores; refining secondary aluminum, refin[n~ petro[enm
products, such as gasoline, kerosene, nap[ha, Lubricating
dis[ti[at,on of wood or bones, reduction anti processing of wood
pulp and fiber; including paper mill operations.
7. Operations involving stockyards, slaughter houses,
and slag piles.
8. Storage of explosives.
9. Quarries
XlI By renumbering Article X to be Article XII, and amending the same to
read as follows:
ARTICLE XlI
GENERAL PROVISIONS
SECTION 1200 - JUNK YARDS - Notwithstanding any
other provisions of this Ordinance, aL[ automobile or other
junk yards in existence at the effective date of this Ordinance
as first enacted in 1957, shall within three (3) years from
such dale provide suitable screening in the form of fencing
or hedges completely around the periphery of the area used for
such purposes, and the type of fencing and hedges shall be
subject to the approval of the Board of Appeals.
SECTION 1201 - Notwithstanding any other provisions
of this Ordinance, any sign in existence at the effective date
of this Ordinance, as first enacted in 1957, which does not
conform to the provisions of this Ordinance shall within
five (5) years from such date be discontinued unless its
continuance is authorized as a special exception by the Board
of Appeals as hereinafter provided.
SECTION 1202 - DWELl.lNG UNIT DENSITY - Notwikh-
standing any other provision of this ordinance~ each dwetlin.g
unit in a multiple dweLLing shat[ have 9,000 square feet of
[and for each dwelling unit in the building where public water
and public sewer are not pro~ided and shall have 6, 500 square
feet of [and for each dwelling umt in the building where public
water and public sewer is provided.
SECTION 1203 - HOTEL AND MOTEL UNIT DENSITY -
Notwithstanding any other provisions of this ordinance, each
room or group of rooms designed, used, or intended to be used
-42-
for £odging as a untt, which docs not qualify as a dwelling
unit, and located in a hotel, mote[ or similar braiding
shall have 6,000 square feet of land for each such unit
where public water and public sewer systems are not
provided and shat£ have 4, 000 square feet of [and for
each such unit where public water and public sewer
systems are provided.
SECTION 1204 - NON-CONFORMING USES - Unless
otherwise authorized as a special exception by the Board
of Appeals as hereinafter provided, the following provisions
shall apply to non-conforming uses:
(a) The taw[ut use of a building or premises
existing on the effective date of this Ordinance, or authorized
by a bui£d[ng permit issued prior thereto, may be continued
although such use does not conform with the provisions of this
Ordinance and such use may be extended throughout the build-
lng lawfully acquired pr[or to said date.
(b) A non-conforming use of a building or pre-
raises may be changed to a use of the same or higher clasm-
[[cation according to the provisions of this ordinance.
(c) Whenever a district shall hereafter be changed,
any then existing non-conforming use of a building or premises
in such changed district may be continued or changed to a use
of a similar or higher classification, provided ali other re~u-
tations govermng the use are complied with.
(d) Whenever a non-conforming use of a building
or premises has been discontinued for a period of more than
two (2) years, or changed to a higher classification, or to a
conforming use, anything inthis Section to the contrary not-
withstanding, the non-conforming use of such building or
premises shall no longer be permitted unless a variance
therefore shah have been granted by the Board of Appeals
hereinafter provided.
(e) A non-conforming building may not be recon-
structed or structurally altered during its tile to an extent
-43 -
(. (r
exceeding [n aggregate cost fifty (50) percent of its
fair value of the building, untess the use of such
building is changed to a conforming use.
(f) A non-conforming building which has
been damaged by fire or other causes to the extent of
more than fifty (50) percent of its fair value shat[ not
be repaired or rebuilt unless the use of such building
is changed to a conforming use.
XIII. By renumbering Articte VIII to be Article X~II, and amending the same
to read as follows:
ARTICLE XIII
BOARD OF APPEALS
SECTION 1300 - ORGANIZATION - The Town Board
shal[ appoint a Board of Appeals consisting of five (5)
members as provided by the Town Law.
SECTION 1301 - POWERS - In addition to such powers
as may be conferred upon it by law, the Board 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 Buitding Inspector.
B. Variances - Where there are practma[ diff[cut-
ties 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 the Ordinance sha[t
be observed, public safety and welfare secured and sub-
stantial justice done.
C. Special Exceptions, Special Permits and Other
Approva£s - Whenever a use, or the location hereof, is
permitted only if the Board of .Appeals shall approve there-
of, the Board of Appeals may, in a specific case and after
-44-
notice and public hearingj authorize such permissive
use and its location within the district in which this
ordinance specifies the permissive use may be located,
subjectj however to the following:
(1) Before such approval shall be given, the
Board of Appeals shall determine:
(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 legmlly estabtished in uses in adjacent use
districts;
(c) That the safety, the health, the welfare,
the comfort, the oonvenience or the order of the Town will
not be adversely affected by the proposed use and its location;
and
rd) That the use wit1 be in harmony -.~ith
and pro]~no~-e the general purposes and intent of this Ordin-
ance.
(2) In making such determination, the Board of
Appeals shall also give consideration, among other things~ to:
(a) The character of the existing and prob-
able development of uses in the district and the peculiar
suitability of such district for the location of any of such
permissive 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 pro-
posed use may have upon the creation of undue increase of
vehicular traffic congestion on public streets or highways;
(d) The availlability 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, so[id, gaseous or otherwise)
that may be caused or created by or as a result of the use;
(e) Whether the use, or materials incid-
ental thereto, or produced thereby, may give off obnoxious
gases~ odors~ SlTloke or soot;
(f) Whether the use will cause disturbing
emissions of electrical discharges, dust, [tght, vibration
or noise.
(g) Whether the operations in pursuance of
the use wilt cause undue interference with the orderly enjoy-
ment by the public of parking or of recreational facilities, if
existing, or if proposed by the Town or by other competent
Governmental agencies;
(h) To the necessity for bituminous surfaced
space for purposes of off-street parking of vehicles inciden-
talto the use~ and whether such space ts 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 had;
(i) Whether a hazard 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 thereon
for the convenient entry and operation of fire and other emer-
gency apparatus 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, approp-
riate and adequate for the use and the reasonably anticipated
-46-
operation and expansion thereof; and
(1) Whether the use to be operated is
unreasonably near to a church, schooL, theatre, re-
creational area or other' place of public assembly.
SECTION 1302 - In dec[ding any matter before it,
the Board of _~ppeaLs may ~mpose such conditions and
safe2'uards as it deems necessary or appropriate to pre-
serve and protect the spirit and objectives of this ordinance.
SECTION 1303 - The Board of Appeals shall,
consistent with the ~aw, determine its own rutes of
conduct and procedura
SECTION 1304 - FEES - ALlapptications to the
Board of Appeals for any relief provided for herein shall be
accompanied by a fee of $15. 00.
XIV, By adding a new ArticLe to be ArticLe XIV to read as follows:
ARTICLE XIV
PLANING BOARD
SECTION 1400 - Approval of Site Development Plans.
In ail cases where this ordinance requires approval of Site
Development PLans by the Planning Board, no building per-
mit shall be issued by the Buitding Inspector except upon
authorization of and in conformity wifh the plans approved by
the Planning Board.
A. Objectives. In considering and acting upon Site
Development Plans the Planning Board shall take into consid-
eration the public health, safety and welfare, the comfort and con-
venience of the public in general and of 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
possibIe~ further the expressed intent of this Ordinance
-47-
(-
and the accomplishment of the following objectives in
particular:
1. Traffic Access. That atl proposed
traffic access and ways are adequate but not excessive in
number; adequate in width~ grade, alignment and visibt£ity;
not located too near street corners or other places of
public assembly; and other similar safety considerations.
2. Circulation and Parking. That adequate
off-street parking and loading spaces are provided' to pre-
vent parking in public streets of vehicles of any persons
connected with or visiting the use and that the interior cir-
culation system is adequate to provide safe accessibility to
alt required off-street parking lots.
3, Landscaping and Screening. That ail
playground, parking and service areas are reasonably
screened at afl seasons of the year from the view of adja-
cent residential tots and street and that the general land-
scaping of the site is in character with that generally pre-
vailing in the neighborhood, Existing trees over 8~ in
diameter measured 3 feet above the base of the trunk
shall be retained to the maximum extent possible.
B. Effect of Site Development PLan Approval
1. No building permit shall be issued for
any structure covered by this section until an approved Site
Development Plan or approved amendment of any such plan
has been secured by the applicant from the Ptanning Board
and presented to the Building Inspector.
2. No certificate of occupancy will be issued
for any structure or use of land covered by this section un[ess
the structure is completed or the land is developed or used in
accordance with an approved S ire Development Plan or approved
amendment of any such plan.
3. Should any Site Plan approval involve any
matter requiring referral to the Suffolk County Planning Com-
mission, then the matter shall be referred, prior to final action
-48-
r- ('-
by the Planning Board, to the Suffolk County Planning
Commission in accordance with the applicable provisions
of law.
C. Procedure
1. Pre-Submission Cmference. Prior fo the
submission of a Site Development Plan, the applicant or
his agent shall meet with the Planning Board. The pur-
pose of such conference shall be to discuss proposed uses
or development in order to determine which of the Site
Development Plan elements shall be submitted to the
Planning Board in order for said Board to determine con-
fortuity with the provisions and intent of this Ordinance.
2. Within 6 months following the pre-submission
conference, the Site Development Plan and any related
information shall be submitted to the Building Inspector in
triplicate at [east 15 days prior to the Planning Board meet-
ing at which approval is requested. If not submitted within
this 6 month period, another pre-submission compliance
may be required.
3. The Building Inspector shall certify on each
Site Development Plan or amendment whether or not the
plan meets the requirements of all zoning ordince provisions
other than those of this section regarding Site Development
Plan approval.
4. The Building Inspector shall retain one copy
and transmit two copies of the certified Site Development
Plan to the Secretary of the ]Planning Board at least 7 days
prior to the Planning Board meeting at which approval is re-
quested.
5. The Planning Board shall act to approve or
disapprove any such Site Development Plan within 90 days
after the meeting at which approval is requested, Failure
to act within 90 days shall be deemed approval. PLanning'
Board disapproval shall include written findings upon any
-49-
Site Development PLan element found contrary to the
provisions or intent of this ordinance. In reviewing
the application, the Planning Board may secure the
advice or assistance of one or more expert consuL-
tants qualified to advise as to whether a proposed
use will conform to the requirements of this ordinance.
The assistance of a consultant, if sought, must be ob-
tained within 10 days of the receipt of the application.
Such consultant shall report within 30 days after receipt
of such request whether or not the use applied for will
be in conformance with the performance standards, and
if not° what modification in design or operation would be
necessary for conformance, A copy of the report of such
consultants shah be furnished to the PLanning Board,
Building Inspector, and applicant.
6. Amendments to a Site Development Plan
shall be acted upon in the same manner as the approval
of the original plan.
7. The PLanning Board may require that Site
Plan approval be periodically reviewed.
D. Site Development Plan Elements. The applicant
shall cause a Site Development map to be prepared by a
Civil Engineer, a surveyor, land planner, architect, or
other competent person. Site Development Plan elements
shall include these listed below which are appropriate to
the proposed development or use as indicated by the Plan-
ning Board in the pre-submission conference.
1. Legal Data
(a) Lot, biock and section number, if any,
of the property taken from the latest tax records.
(b) Name and address of the owner of
record.
(c) Name and address of person, firm, or
organization preparing the map.
-50-
(d) Date, north point, and written
and graphic scale.
(e) Sufficient description or informa-
tion to precisely define the boundaries of the property.
All distances shall be in feet and tenths of a foot. All
angles sha[I be given to the nearest 10secondsor closer.
The error of closure shall not exceed ()ne in ten thousand.
(f) The locations, names~ and existing
widths of adjacent streets and curb £ines.
(g) The location and owners of all adjoining
lands as shown on the latest tax records.
(h) Location, width, and purpose of all
existing and proposed easements, set-backs, reservations,
and areas dedicated to public use within or adjoining the
property.
(i) A complete outline of existmg deed
restrictions or covenants applying to the property_
(j) Existing zoning.
2. Natural Features
(a) Existing contours with intervals of
five (5) feet or less, referred to a datum satisfactory to
the Board.
(b) Approximate boundaries of any areas
subject to flooding or storm water overflows,
(c) Location of existing watercourses,
marshes, wooded areas, rock outcrops, isolated trees with
a diameter of eight inches or more. measured three (3)
feet above the base of the trunk, and other significant
existing features.
3. Existing Structures and Utilities
_51 _
( (
(a) Location of uses and outlines of
structures drawn to scale on and within 100 feet of
the lot.
(b) Paved areas, stdewalks, and vehicu-
lar access between the site and pubtic streets.
(c) Locations, dimensions~ grades, and
flow direction of existing sewers, culverts, water lines
as well as other underground and above-ground utittties
within and adjacent to the property.
(d) Other existing development, inctuding
fences, landscaping, and screening.
4. Proposed Development
(a) The location of proposed bui'Ldings or
structural in~provement s.
(b) The location and design of ail uses
not requiring structures, such as off-street parking and
Loading areas.
(c) The location, direction, power and
time of use for any proposed outdoor lighting or public
address systems.
(d) The location and plans for any outdoor
signs.
(e) The location and arrangement of pro-
posed means of access and egress, including sidewalks,
driveways, or other paved areas. Profiles indicating
grading and cross-sections showing width of roadway,
Location and width of sidewalks, and location and size of
water and sewer lines.
(f) Any proposed grading, screening, and
other landscaping including types and locations of proposed
street trees.
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(g) The location of all proposed water
lines, valves and hydrants, and of ali sewer lines or
alternate means of water supply and sewage disposal and
treatment.
{h) An outline of any proposed deed
restrictions or covenants.
([) Any contemplated public improve-
ments on or adjoining the property.
(j) If the Site Development Plan only
indicates a first stage, a supplementary plan shall indicate
ultimate development.
5. Any other information deemed by the Planmng
Board necessary to determine conformity of the Site Plan with
the intent and regulations of this ordinance.
SECTION 1401 - FEES - Ali applications to the
Planning Board for approval of site development plans shall
be accompanied by a Ice of $25. 00.
KV. By renumberingArticIe VII to be Article XV, and amending the same
to read as follows:
ARTICLE XV
ENFORCEMENT
SECTION 1500 - BUILDING INSPECTOR - 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 ordinance.
The Building Inspector and assistant and deputy
building inspectors shall have such right to enter and
inspect buildings, structures, or premises and to perform
other acts necessary for the enforcement of this ordinance
as are conferred apon them by Iaw.
SECTION 1501 - BUILDING PER/~TITS - No building
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in any district shall be erected, reconstructed or restored,
or structuraIty altered without a building permit duly issued
upon application to the Building Inspector. No bui]ding per-
mit shall be issued unless the proposed construet[onis in
full conformity with all the provisions of this ordinance and
the provisions of all other applicable laws, ordinances, rules
and regulations° Any building permLt issued in violation of
the provisions of this ordinance shall be nu£I and void and of
no effect, without lhe necessity for any proceedmgs, revoca-
tions or nultifieatiou thereof; and any work undertaken or use
established pursuant to the issuance of a permit in violation
of the provisions o~ this ordinance shal~ be unlawful.
1. Every application for a building permit shall
contain the following information and be accompanied by the
required fee and a plot plan drawn to scale and signed by the
person responsible for each drawing. If no such plot plan is
available, a survey is required, prepared by a licensed en-
gineer or land surveyor.
(a) The actual shape, dimensions~ radii,
angles and area of the lot on which the building is proposed
to be erected, or of the lot on which it is situated if an
existing building;
(b) The block and lot numbers, if any, as
they appear on the latest tax records;
(c) The exact size and locations on the lot of
the proposed building' or buildings or alteration of an existing
building and of other existing buildings on the same tot;
(d) The dimensions of alt yards in relation to
the sub3ect building and the distances between such buildmg
and any other existing buildings on the same lot;
(e) The existing and intended use of all build-
ings, existing or proposed° the use of land and the nunlber of
dwelling units the building is designed to accommodate; and
(O Such topographic or other information
with regard to the building, the tot or neighboring tots as
may be necessary to determine that the proposed construction
wilt conform to the provisions of this ordinance.
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2. No building permit shall be issued for
the construction or alteration of any building upon a
Lot without access to a street or highway as provided
by Section 280-a of the Town Law.
3. No building permit st]ail be issued for
any building if the Site Plan of such building is subject
to approval by the Planning Board, except in conformity
with the plans approved by the said Board.
4. No building permit shall be issued for a
bui[ding in any district if such use is permitted by Special
Exception or Special Permit of the Board, unless and
until such approval has been duly granted by the Board of
Appeals.
5. No building permit shall be issued for any
building until approval has been received from the County
Health Department for the proposed water supply and
sewage disposal system,
6. The building permit application and all
supporting documentation shaLL be made in triplicate.
Upon the issuance of a building permit, ~he BuiLding In-
spector shall return one copy of all filed documents to
the applicant.
7. The Building Inspector shaLL, within ten
business days after the filing of a complete and properly
prepared application, either issue or deny a building permit.
If a building permit is denied the Building Inspector shall
state in writing to the applicant the reasons for such deniaL.
8. Every building permit shaLL expire il' the work
authorized has not commenced within 12 months after the date
of issuance, or has not been completed within 18 months from
such date for construction costing less than $1,000. 00 and
has not been completed within 30 months from such date for
construction costing in excess of such amount. If no zoning'
regulations affecting the property have been enacted in the
interim, the BuiLding Inspector may authorize ~n writing the
extension of the permit for an additional six months. There-
after, a new permit shall be required.
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9. As soon as the foundation of a building
or of any addition to an existing building is completed, and
before first story framing or watt construction is be=re_m,
there shall be filed with the Building Inspector an accurate
survey signed by the person responsible for said survey,
showing the exact location for such foundat[on with respect
to the street and property tines of ti~e tot. No further
construction shall be performed until such survey is approved
by the Building Inspector.
10. ]Permit Fees -The following fees shall be
paid upon the filing of an application with the Building Inspector
for a Building Permit which shall be paid into the general fund
if the application is approved, or returned to the applicant if
the application is denied.
Dwellings
ia} New dwelIings- $25. 00 p[as $. 05 for
each square foot of floor area over 1~ 000 square feet.
(b) Additions and alterations - $15. 00
(c) Accessory buildings - $10. 00 plus
$. 05 for each square foot of floor area over 850 square feet.
(d) Additions and alterations to Accessory
Buildings - $10. 00,
Hotels, Motels, Business and Industrial
Buildings
(a) New Construction - $50. 00 plus $. 10
for each square foot of floor area over 10,000 square feet.
(b) Additions and alterations - $25. 00 plus
$.05 for each square foot over 1,000 square feet.
(c) Accessory buildings - $15.00
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( (
Farm Buildings - $15. 00
All other Structures - $15. 00
Signs - The fee for all signs, except
signs permitted by Section 300 C 7 (a), shall be $0. 25
for each square foot of sigll area with a minimum fee
of $2. 00
SECTION 1502 - REVOCATION OF BUILDING
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) %%%ere he finds that the building permit was
issued in error and should not bare 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 specification;
or
(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.
SECTION 1503 - 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 Llnsafe and dangerous
manner, he shall notify the owner of tile property, or the
owners~ agent, or the person performing the work~ to suspend
all work, and any such persons shall forthwith stop such work
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and suspend all building activities until the stop order
has been rescinded. Such order and notice shall be
~n writingj shall state the conditions under which the
work may be resumed and lrmy be served upon a
person to whom it is directed either by delivering it
personally to him, or by posting tl~e same upon a
conspicuous portion of the building under construction
and sending a copy of the same by registered mail.
SECTION1504 - CERTIFICATES OF OCCUPANCY
1. A Certificate of Occupancy shall be applied
for to the Building Inspector and it shall be unlawful
to do any of tile following until a Certificate of Occupancy
is issued therefore to wit:
(a) Occupancy and use of a building erected.
reconstructed, restored, structurally altered, moved,
or any change in use of an existing building;
(b) Occupancy, use or any change in the use
of any Land; and
(c) Any change in use of non-conforming use.
2. No certificate of occupancy shall be issued for the
use of a building or lands requiring a Special Exception or
special permtt by the Board of Appeals or for any land or use
requiring a Site Plan approval by the Planning Board unless
and unlit such use or Site Plan approval has been duly granted.
Every certificate of occupancy for which a special exception
or special permit or Site Plan approval has been granted, or
in connection with which a variance has been granted by the
by the Board of Appeals shall contain a detailed statement of
any condition to which the same is subject.
3. Application for a certificate of occupancy 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 ordinance and itl the case of a new building shall be
accompanied by an accurate plot plan, or it not availablej by
a survey prepared by a licensed land surveyor or engineer
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showing the location of a building as built. Such
certificate shall be issued within 10 days after receipt
of the properly completed application, providing the
application states that all require~nents of all other
applicable codes or ordinances in effect are compiled
with.
4. If the proposed use is in conformity with the
provisions of this ordinance and all other applicable
codes and ordinances, a certificate of occupancy for
the use of vacant land or for a change of use or a non-
conforming usej shall be issued by the Building Inspector
within 10 days after receipt of a properly completed
application. If a Certificate of Occupancy is denied, the
Building Inspector shall state the reasons therefor in
writing to /he applicant.
5. Every application for a certificate of occupancy
or a temporary certificate or occupancy shall be accom-
panied bya fee of $5.00. Copies of such certificate wilt
be issued upon payment of $1. 00 per copy.
6. A certificate of occupancy shall be deemed to
authorize, and is required for, both initial occupancy
and the continuance of occupancy and use of the building
or land to which it applies.
7. Upon written request, and upon payment of a
fee of $5.00, the Building Inspector shall, after inspection
issue a certificate of occupancy for any building or use
thereof or of land existing at the time of the adoption of
this ordinance, certifying such use and whether or not
the same and the building conforms to the provisions of
this ordinance.
8. A record of ali 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 buiIding or
land affected.
SECTION 1503 - PEN.a~LTIES - For every violation
(
of the provisions of this ordinance or any regulations
made pursuant hereto, or a failure to comply with a
written notice or order of the Building Inspector within
the time fixed for compliance therewith, the owner, occu-
pant, builder, architect, contractor or their agents or
any other person who commits, takes part or assists in
any such violation or who shall fail to comply with a
written order or notice of the Building Inspector shall
be guilty of an offense, punishable by a fine not exceeding
fifty dollars or imprisonment for a period not to exceed
six months~ or both. Each weekTs continued violation
shall constitute a separate additional violation.
SECTION 1504 REMEDIES - In case anybuitding
or structure is erected, constructed, reconstructed
altered, repaired, converted or maintained, or any
building, structure or land is used in violation of this
Ordinance, or of any reguiations made pursuant thereto,
in addition to other remedies provided by law, any
appropriate action or proceeding whether by Iegat process
or otherwise, may be instituted, or taken to prevent such
unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance or use, to restrain, cor-
rect or abate such violation, to prevent the occupancy of
said building, structure or [and or to prevent any illegal
act, conduct, business, or use in or about such premises.
XVI. By renumbering Article IX to be Article XVI, and amending the same
to read as fo£[ows:
ARTICLE XVI
AMENDMENTS
SECTION 1600 - The Town Board upon its own
motion or by petition may, from time.to time, amend,
supplement, change, modify or repeal this Ordinance
including the Zoning Map, by proceeding in the following
manner: 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. The Town
Board, before advertising for a public hearing, shall ina
written request, instruct the Town Planning Boardto prepare
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an official report defining the conditions described in a
petition and determine the area so affected with
recommendations.
SECTION 1601 - FEES - Every petition for a change
or amendment to this ordinance' or the zoning map shalI be
file~ with the Town Clerk and shall be accompanied by a fee
of $100. 00.
ARTICLE XVII
INTERPRETATION, VALIDITY, AND EXCEPTIONS
SECTION 1700 - CONFLICTS
(a) %Vhere a provision of this ordinance conflicts with
or imposes a different requirement than any other provision of
this ordinance, the provision or requirement which is more
restrictive or which establishes the higher standard shall
govern.
(b) Where the provisions of this ordinance conflict
with or impose a different requirement than 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.
SECTION 1701 - VALIDITY - Should any section or
provision of this Ordinance be declared by a court of com-
petent jurisdiction to be invalid, such decisions shall not
affect the validity of the Ordinance as a whole or any other
part thereof.
SECTION 1702 - EXCEPTIONS - Ali of the lots on the
following subdivision maps shall be excepted from the lot area
and lot width requirements of this ordinance, and the lot areas
and lot widths applicable to said [~ts shall be as shown and
designated on said subdivision maps:
Green Acres
Stratmors
Marion Manor
CLeaves Point, Sec. II
Fordham Acres, Sec. I
Fordham Acres, Sec. II
Sterling Homes
Eastern Shores, Sec. I
Eastern Shores, Sec. II
Eastern Shores, Sec. III
Eastern Shores, Sec. IV
Eastern Shores, Sec. V
Southoid Shores
Sunny Shores
Moose Cove
Nassau Point
Deer Park
Village Manor
G. I. Tuthill
Edgemere Park
Willow Terrace
Soundcrest Woods
Gardiners Bay Estates, Sec. II]
Harvest Homes, Sec. I
Bayview Woods Estates
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WiLlow Point
Harbor Lights Esl~tes,
Sec. I.
Terry Waters
Bay Haven
Corey Creek Estates
West Creek Estates
Northwoods
Vista BLuff
Jacksons Landing
Bennett ~s Pond
Rosewood Estates
Sunset Kno[ts, Sec. II
SmithfieLd Park
Paradise Point
Harbor Lights Estates, Sec III
Highwood
Nunnakoma Waters
Yennecott Park
Downsview
South Harbor Homes
Pecon[c Shoresj Sec. I
Peconic Homes~ Sec. ~_
Peconic Homes, Sec. II
Peconic Bay Oaks
Laurel Country Estates
SECTION 1703 - EFFECTIVE DATE - Upon enactment by
the Town Boardj this Ordinance shah take effect as provided by
[aw.
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