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HomeMy WebLinkAbout05/24/1966BUILDING ZONE ORDINANCE TOWN OF SOUTHOLD SUFFOLK COUNTY NEW YORK MAY 24, 1966 25c BUILDING ZONE ORDINANCE Town Of Southold Suffolk County, New York An ordinance classifying, regulating and restricting the height, number cfi stories, size of buildings and other structures, the percentage of lot thai may be occupied, the size of yards and other open spaces, the density oi popnlati,m, the location and uae of buildiugs, structures and land for trade. industry, residence and other lmrposeL (provided that such regulations shall apply to and affect only such part of the town outside the limits of alt.',' incc, rporated village), establishing the boumlaries ui districts for said pur- poses so as to promote the health, safety, morals and general welfare of the Town of Southold with reasonable consideration, among other things to the most desirable uae fi,r which the land of each district may be adapted, thc peculiar suitability for particular use of a district, the conservation of prop erty values and the direction .[ building development iu accordauce with a well considered plan and ;dso to establish penalties for violation o£ these regulations aa prescribed bx the statutes. Short Title ARTICLE I ARTICLE I[ ARTICLE I[I ARTICLE IliA ARTICLE IIIB ARTICLE IX.; ARTICLE IVA ARTICLE IVB ARTICLE V ARTICLE VI ARTICLE VII ARTICLE VIII ARTICLE iX ARTICLE X TABLE OF CONTENTS Section Definitions ..................................... 100 Districts ....................................... 200 "A" Residential and Agricultural District ........ 300 "51'" Multiple Residence District ................ 350 "M 1" Multiple Residence District ............ 370 "B" Business District ........................... 400 "B-I" Business District .......................... 420 "B 2" Business District ........................ 440 "C" Industrial District .......................... 500 Tourist Camps. Camp Cottages and Trailers ...... 600 Applications and Permits ....................... 700 Buard of Appeals ............................... 800 Amendments ................................... 900 General Provisions ............................. 10013 WHEREAS, all the matters and things required to be doue by the Town Law of the State of New York in order that the Town Board of the Toxvn of Southold. Suffolk County, State of New York, ~nay avail itself of the powers conferred hy said law have been dtdy complied with. NOW THEREFORE, the Town Board of the Town o[ Southold, Suf- folk County, State of New York, by virtue of the authority in it fly law invested hereby ordains and enacts the following ordinance.' SECTION 1--This ordinance shall be knowu and may be cited as "The Building Zone Ordinance of the Towu of Southold, Su~olk County, New York." ARTICLE I SECTION 10~Defini~ions--For ihe p~rpose of this Ordinance, certain includes the plural and the plural the singular, the word "building" includes includes ihe word "plot" at~d the word building, subordinate go the main build- main buildin2. able to this O~inance sh~ll refer to 3 ~ ~OA~DING AND TOURIST HOUSES -A buddin~ other ~han a hotel where l~giug, with cr wi[hou~ building. section area of the buildi~s on a lot, eighteen (18) inches, ~eps, one (I) level te lhe hi~hest point of the roof sur~gce, if ~ Ilar roof, to the deck line VIDED that chimneys, spires, ~owers, projections sh~l not ~ included In {he height. For building set back from surrounding ~he building. de~ached buildin~ designed for or ~- Il--GARAGE-PUBLIC --A building other £ha.n a private garage, used for place of individuals who are lodging dividual apartment. Land occupied or to be occupied for the storage of old wood, paper, clolh or metal, including old i~utomobiles, and appliances no~ usable as originaEy designed; and also including ~ny por- 13--LOT--Land occupied or lo be buildings together with such open dinance and having Its principal front- age upon a public street or officially 14~LOT-CORNER -- A lo~ $iluated streets. 16--LOT-THROUGH -- An interior 17--LOT LINES--The lines bound- ing a lot as defined herein. piers, wharves, docks, bulkheads, build- directly or indirectly. of which, or e~ch palr of which bas from the outside of the building, with located to each unit, and which is lations of the use district in which it proiecting more than five ~51 feet. kind of billboard, sign board, device .ncluding any writing, letter, figure, symbol or mark painted upon or in- 20--STOi%Y -- That portion of a building Included between the surface it and the ceiling next above lt. than L~o (2) feet above the Iin[shed the sod. of a building, such as bearing walls, de~ached building having less than three hundred fifty (350) square feet abuts. whole vddlh of the lot. space extending along the side let lines 28--SIZE O}~ LOT-AREA--The ~rea of ~ lot shall be the total area meas- ilred inside ull of Its boundaries Districts fncorporaled Villages, Is hereby divided SECTION 251 -- The boundaries said districts are hereby established This shall be understood to include the profes~iolaul ~ffice or studio of ~ to, and PHOVIDED further, no goods are publicly displayed on the premises three i3) feet by four (4l feel in size on which it is maintained and set b~ck al!stance and not less than ten (10) %Vhen the advertising sign is for the Is set back not less than the front than ten (10) feet from each side line. The lower edge of the sign shall be fifteen (15) feet slx (6) inches above the ground. If the premises has a frontage of less than five hundred the "A" Residential and Agricultural or altered, shall exceed thirty-five (35) ings may be erected to a height not ceed the height of thirLy-five (35) feet. Agricultural District, no building shall five hundred (12,500) square feet and shall be at least thirty-five (35) feet SECTION a05 -Where I~roperiy in lot of record ~t the time of the pas- been established then a front yard, thirty-five 135) feet deep, shall be re- Board of Appeals as hereinafter provided. rural District, there shall be two (2) bo~h sides shall be twenty-five (25) feet and no one ill side yard shall be le~s th~n ten (10) feet. ship at the effective date of this Ordinance, of a width less than one hundred (100) feet and of an area leas than twelve lhousand BYe ~ Areal (12,500) feet, a single family dwelling reduced fifty (50l percent and may be further reduced when authorized a.s a special exception by the Board of Appeals as hereLuaRer provided. In the "A" Residential and Agricul- tural District, there shall be a rear y~rd having a minimum depth of twenty-five (25) feet. PROVIDED that. in case of a lot held in single and separate ownership at the effective dale of this Ordinance, having a total depth of less than one htmdred (10O) feet, a single family dwelling may be buill thereon with a rear yard of less than twenty-five (25t hereinafter provided and PROVIDED yard be less than fifteen (16) feet. SECTION 509 -- "A" ACCESSORY BUILDINGS--In /he "A" Residential an average height of eighteen (10) feel. cessory buildings shall be included In to be built upon and PROVIDED further that no building of any kind or nature shall be built within three SECTION 310 -- OFF- STREET PARKING AREA--In "A" Residcn- building shall be hereafter erected or altered or added to in excess of fifty (50) percent of ils area prior to the adoption of this Ordinance. unless not e~ch f~mily uni~ therein shall be pro- vided for. For all places of public as- and simlllar public gathering places erected there shall be provided not less th~n one (li parking space for total are~ within such building or ises shall be used, and no building ~hall Multiple Residence Districts. exception by the Board of Appeal~ as hereinafter provided,) 4~Tourist camps, when authorized :~s a special excep£ion by the Board of shall exceed thirty-five (35) feet or three ~3) stories in ltelghh the tolal building area shah not exceed donee District, no I~uilding shall be hundred (12,500) square feel and a (100) feet. In the "M" Multiple Residence District, the required fronf yard shall be not less than thir~.y (50i feet. in the ¥icinily is parIly built up with setback line has been esiablished, no building hereinafter erected or altered shalI projec~ beyond the line of the SECTION 350- In the case of a on each street, the yard depth shaTl be estabILshed on a line with said setback lines have been established, the required front yard shall no~ be less exception by the Board of Appeals as (1) on each side of the buildings, the the '"M" Multiple Residence District there shah be a rear yard havi~g a feet. SECTION 359 -- OFF-STREET Multiple Residence DLs~rick no build- lng shah be hereafter erected or altered or added to In excess of fifty (50) percent of its are~ prior to the adop- tion of this Ordinance, unless a mini- ,nuHt provision for off-street parking shall be made as follows: (al Dwellings -- One (1) parkh~g space for each family unit. (bt Ho/eLs, boarding and tourist houses -- One (1) parking space Ior each tw~ (g~ guest rooms. and betiding materials. · --Printing plants. ? Eookbinding plants, 8~Laundry, dry cleaning and dyeing plants. plants. 12--Blacksmith shops l~Upholsterer shops. 15---Tinsmith shops. SECTION 401--No building may be that has been adjudicated a public "B" Business District, no building no but]ding shall be erected or altered lng to exceed seventy (70) percent of quired front yard shall be at least shall project beyond the line of the In the "B" Business District, If a build- lng is used In whole or in part aa a dwelling, there shall be a rear yard having a minimum depth of fifteen (15) feet. PROVIDED further that. the case such building is over forty (40) feet high, the depth of the rear yard shall be increased five (5) feet for each ien (10) feet or fraction thereof which the building exceeds forty (40) feet in height. SECTION 407 -- "B" DENSITY OF POPULATION--In the "B" Business District, no bu!lding shall hereafter be erected or altered to accommodate or make provisions for more than twenty ~20~ families on one (1) acre of ground or more than a proportional number of families on a fractional part of any acre of land, based on the require- menls ~s outlined above. SECTION 408 -- SIGNS -- Unless copt!on by the Board of Appeals as hereinafter provided, the following District: double faced, not more than six feet six (61 inches in height and twelve (12) feet six (6) inches in width, the than three (3) feet above the ground and the upper edge of which shall not extend more than fifteen (15) feet six 16) inches above the ground, which sign shall be set back not less than lb) WALL SIGNS--One (I) sign at- tached to or incorporated in each building wall on a public street and ed in such building, provided such sign such wail. and. 2 -- Exceed In width one hundred (100) percent of lhe horizontal me~s- S--Exceed ten (10) feet in height, and 4~Exceed fifteen (151 feet six (6) edge of sign, and it) ROOF SIGNS--In lieu of a wall division (bt, a roof sign shall be permitted provided the same is at- which sign shall ~dvertise only the business conducted In the building upon which it is attached, and pro- vided that such sign does not: 2--Extend above the highest point of the roof in the case of a pitched two (2) feel si~ (6) inches in height above the highest point of the roof. 3~Project beyond the edge of the S~- ~'ION 409--"B" SIZE OF LOT AREA--In the "B" Business District, no building shall be erected or altered seventy-five hundred i7,500) ~quare feet and a frontage of less than llfty (50) feet. cass of fifty (50) percent of its area prior to the adoption of this Ordinance, street parking shall be made as follow~: (at Hospitals -- One (lt parldng (et All places of public assembly first Boor, an additional space shall be dwelling unit. (g) All other business buildings (2,500) square feet -- One (1) parkmg space for each tw~ hundred (200) five hundred (2,500) square feet. The formula for providing an adc- hundred thirty-four (004) square fee~ shall be used and no building shall be Residence, "M-I" Multiple Residence SECTION 421--All premises tile "B-I" Business District shall comply with the provisions of Article IV wi~h respect to building height, building shall be used and no building shall be 7. Offices. sales). lishments. liners' shops. I4. Sh~ repair shops. wi~h the provision~ of Article ~V with buildings shall project beyond the line of the average s~.tback so established. 4. The required side yards shall be not less than twenty-five 125~ feet. 5. Tho requd'ed rear yard shall be not less than twenty-five ~25) feel. 6. Parking shall be provided in offstreet pnved parking areas which shall provide for one ti) parking space, three hundred thirty-four ~534~ square feet in area, for each one hundred 3--Acid manufactuxe. 5--Arsenai. 7~Blast furnace. 8--Cement, lime, gypsum or plaster other junk yards. 22--Ore reduction. 23 Paint, oil, shellac, turpentine or 26~Polash works. facture. 29--Salt works. 34--S~ockyards or slaughter houses. 35--Stone mill or quarry. 36~Struetural steel or pipe works. 37--Sulphu~ic, nitric er hydrochlorig acid manufacture. 3S--Sugar refin/ng. cr treatment. Ordinance shall apply to signs in a SECTION 503--"C" FRONT YARD-- In the "C" Induslrial District, the required front yard shall be at least trict, no building shall be erected or than twelve thousand five hundred (12,500) square feet and a frontage of less than one hundred (100) feet. dustrial District, no building shall be ~b) All places of public assembly-- per required motor vehicle unit. Tourist Camps, Camp (~ttages SECTION 600 -- PERIVfITS QUIRED--No tourist camp shall be established, maintained or operated in any district, nor shall any tent, tent- Ordinance dated June 3g, 1953. SECTION 601 -- AUTOi~IOBXLE thorized by the Town Board, and sub- scribed by the Town Board. of the Building Inspector, or such per- and he is hereby given the power and this Ordinance. partying plot plan shall contain all the o£ this Ordinance. SECTION ~02--No building permit shall be issued unlil the Building In- spector ha~ ceriified that the proposed Metal identification tags. serially num- bered shall be affixed by the Building of a building or premises. SECTION g04~AIl permit fees and be established by the Town Board. the renewal fee lo be one half (%~) SECTION 707 -- For each proposed the Zoning M~p as provided by SecLion by the To~,m Law. SECTION 801A--The Eoard of Ap- Where there are praclic~l difficul- lhat the spirit of the Ordinance shall thereof, Is permitted only If the Board given, the Board of Appeals shall de- (1) That the use will not prevent adjacent use districts; (2) That the use will not prevent to be located or of permitted or legally ~gl _mt the safety, the health, the welfare, the comfort, the convenience or the order of the Town will net be and its location: and (4) That the use w~ll be In h~rmony and intent of this Ordinance. (2) The conservation of property (~ The effect that the lccalion of the proper public or private facilities for (9) Whether the use will eaouse dis- lnterlerence with the orderly enjoy- or property because of fire. flood, or by the inaccessibility of the prop- (10) Whether the use, or the strue- con/ration of population; (1D Whether the plot are~ is suf- (12) Whether the use to be operated other place of public assembly SECTION 100I -- Notwithstanding any other provisions of this Ordl- h~dges shall be subjec~ to the approval SECTION 1007 -- NON-CONFORM- IN/3 USES -- Unless otherwise au* thorized as a special exception by tho Board of Appeals as hereinbefore pro- vided, the Iollowing provisions shaI1 la) The lawful use of a buildin~ or premises existing on the effective date of this Ordinance, or authorized by a building permit issued prior thereto, be extended throughout the budding Ordinance. granted b,v the Board of Appeals as altered during its life lo sn extent ex- (f) A non-conforming building which be considered lo lie within the "A" HesidentiaI and Agriculturdi District the Town of Southold e×cep[ upon the approval of the Board of Town potent Jurisdiction to be invalid, such decisions shall not effect the validity other part thereof. merits for the promotion of the health, of the Town. It is not intended by this issued thereunder, or the rules and case any building or structure is erect- ed, constructed, reconstructed, mltered. repmired, converted or maintained, or any building, structure or land is used in ¥iolation of th~s Ordinance, or of in addition to other remedies provided SECTION 1012--PENALTIES -- For any and every violation of the provi- sions of ~his ordinance, the owner, the general agenl, or contrmctur of a build- SECTION 1013 -- EXCEPTIONS AS TO CEt%TAIN SUBD IV ISION LOTS-- ated at East Marion, Town of South- old, Suffolk County, New York, filed in Suffolk County Clerk's Office on map. the sldeyard requirements shah on said map, the setback lines and reduced to twenty (20) feet. described maps shall be excepted from (1) Sub-division Map of Section 2, daged July 21, 1957; (2) IW~p of Belxedon Es~ate~, Flied March 16, 1947 as Map No. 1472. ~3) ab-division Map of Founders Estates, dated March 18, 1927, and (4) Map of Sub-division known aa Kennewood, dated January 9, 1954, filed (5) M0,p of Southwood, Map file No. (6) Plan of Lots ov~med by George (9) Sub-division MaD of Cedar Beach (lO) Map of Goose Neck, Southold, Map of Jesse Wells, da~ed December (14) Nassau Point Club Prc~erties, (15) Captain Kidd Estates, N/attituck, (161 Amended Map of i~Iattituck (17) Point Pleasant~Mattituck. N. Y. (1~) S~lt Lake Village, 1Vrattituck, N. Y. Map by O. W. Van Tuyl, July File No. 41. multiple dwelling shall be erected, feet far each family or dwelling unit.