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HomeMy WebLinkAbout1989 Code Supplement - 01/10/1989LOCAL LAW NO. 1 - 1989 A LOCAL LAW TO AMEND THE SOUTHOLD TOWN ZONING CODE AND THE ZONING MAP INCORPORATED THEREIN, TO IMPLEMENT, IN WHOLE OR IN PART, THE RECOMMENDATIONS OF THE MASTER PLAN UPDATE PREPARED BY THE PLANNING BOARD ADOPTED: JANUARY 10, 1989 [ ] l l I I ! [ [ 1_ L l A Local Law to amend the Southold Town Zoning Code and the Zoning Map incorporated therein, to implement, in whole or in part, the recommendations of the Master Plan Update prepared by the Planning Board INDEX Zonincj Code Amendments Article I - General Purposes 100-10 Purpose 100-11 Interpretation & Conflicts 100-13 Definitions Article II - Districts 100-20 District Designations 100-21 Zoning Map 100-23 Effect of Establishment of Districts Article III - A~rlculturaI-Conservation District Low Density R-O0~ R-120r R-200. R-qO0 Districts 100- 30 Purpose 100-31 Use Regulations 100-32 Dulk, area & parking .requirements 100-33 Accessory buildings Article Ilia - Low ~ensity Residential R-qO District 100- 30A Purpose 100-31A Use Regulations 100-32A Bulk, area $ parking requirements I00-33A Accessory buildings Article IV - Hamlet Oensi:¥ Residential (HD) District 100-qO Purpose 100-ql Applicability 100-q2 Use Regulations 100-~13 Bulk, area & parking requirements Article V - Affordable Housing District (AHD) tOO-SO 100-51 100-52 100-53 lO0-Sq 100-$5. 100-56 100-57 100-S0 Article Vl - Resort 100-60 100-61 100-62 Article VII Definitions Applicabili[¥ Use Regulations Dulk, area S parking requirements Application Procedure General Regulations &.Requirements Administration Applicability of Town Code Residential (RR) District Purpose Use Regulations Dulk, area & parking requirements - Residential Office (RD) District ]00-70 100-71 100-72 Purpose Use Regulations Bulk, area & perking requirements I-1 I I 1-10 11 11 11 11-12 12-19 19-20 2O 21 21 21 21' 22 22 22 23 2q 2q 2q-25 25 25 26-29 29-31 31-32 32 33 33-3q 3q 35 35-36 36 Article VIII - limited Business (LR) District 100- 80 Purpose 100-81 Use regulations 100-82 Bulk. area ~, parking requirements Article IX - Hamlet Business (HB) District 100-90 100-91 100-92 100-93 Article X - General Purpose Use regulations Bulk, area & parking requirements Uses confined to enclosed buildings Business (B} District 100-100 100--101 100-102 Purpose Use regulations Bulk, area ~, parking requirements Article Xl - Marine I (MI) District 100-110 100-111 100-112 Purpose Use regulations Bulk, area & parking requirements Article XII : Marine II (Mil) District 100-120 100-121 100-122 Article X]II - Ll,ght 100-130 100-131 100-132 Article ×IV - Lic~ht I00- lUl 100-1q2 Purpose Use regulations Bulk. area & parking requirements Industrial Park/Planned Office (LID) District Purpose Use regulations Bulk, area & parking requirements Industrial (Ell District Purpose Use regulations Bulk. area & p_a~-king, requirements Article XV - Density, Minimum Lot Size and Bulk Schedules 100-150 100-151 Existing Bulk & Parking Schedule Density, Minimum Lot Size & Bulk Schedules Density, & Minimum Lot Size Schedule t'or Residential Districts Bulk $chequle - Business. office S Industrial Districts Bulk Schedule - Residential Districts Density & Minimum Lot Size Schedule for Non-Residential Districts Articles XVI ~ XVII - Reserved Article XVIII - Cluster Developmef~t 700- 180 Purpose I00-181 Applicability Article XIX - Parking & Loading Areas 100- 190 Purpose 100-191 Off-stree~ parking areas 100-192 Off-street loading areas 37 37-38 38 39 39-ql ql q2 q2-qs qS q6-q7 q7 q8 qB-Q9 q9 5O 50-52 52 53 53 53 50 55 5& 57 58 59 $9-62 63 63-70 71-72 I-2 ! t ! L L L L ! ! i I ! i ! I I Article XX - Signs 100-200 100-201 100-202 100-203 100-200 100-205 100-206 100-207 Purpose Permits required & Administrative Procedures General design principles Sign prohibitions 6 general restrictions Limitation of sign content or copy Regulations regarding specific types of signs Unsafe, abandoned & unlawful signs Continuation of existing signs Article XXI 100-210 100-212 100-213 100-215 Article XXII Article XXIII- 100-230 100-231 100-232 100-233 100-234 100-235 100-236 100-237 100-238 100-239 tOO-239a 100-239b 100-239c Article XXIV 100-240 100-202 100-243 10~-244 100-245 100-245 Article XXV - Site 100-250 100-251 100-252 100-253 100-254 100-255 Article XXVI 100-260 100-261 100-262 100-263 100-264 180-265 - Landscaping, screening & Buffer Regulations Pu;pose General requirement~ Front landscaped area Transition buffer area Landscaped parking area Property adjacent to creeks - Reserved Supplementary Regulations Exceptions and modiflcations Height of fences, walls & hedges Corner lots Building length 6 separation for buildings containing multiple dwellings Courts Access requirements Open storage ' Prohibited uses in all districts Provisions for community sewer, water & utility facilities Land under water; filled land Excavations Tourist camps,camp cottages & trailers Berms - Nonconforminc~ Uses and Buildinc~s Purpose' Nonconforming uses Nonconforming buildings with conforming uses Nonconforming buildings with nonconforming uses Nonconforming Lots Repairs and maintenance Involuntary moves Plan Approval Purpose General requirements Objectives Effect of Approval Procedures Site Plan elements - Special Exception Uses '~ . Purpose Special exception uses Rules of conduct & procedure for special exception uses General Standards M~tters to be considered Additional Conditions £ safegua~:ds I-3 73 73-74 74-75 75-76 76 76-78 70-79 79 80 80-81 81 81-82 82 82 83 84 84 84 84-85 85 85-86 86 86-87 87 87 87-89 90 90 oo-90-a 90-a 90-a-91 9! 92 92 92-93 93-94 94-96 98-98 99 99 90-10 102 Article XXVII - Board of Appeals 100-270 Appointment; membership 100-271 Powers & duties 100-272 Additional conditions ~r safeguards 100-273 Rules of conduct ~, procedure 100-27q Fees 100-275 Notice of Hearing Article XXVIll - Administration r, Enforcement 100-280 100-281 100-282 100-283 100-280 100-28S 100-286 Administrative S enforcing officer Building Permits Revocation of permit Stop orders Certificates of occupancy Penalties for offenses Remedies Article XXIX - Amendments (Present Article XV is renumbered XXIX and sections I00-150 to 100-152 renumPered 100-290 to 292 respectlvelyJ Article XXX - Severability 100-300 Severaioility 103 103-10q 10q 105 105 106 106-108 108-109 109 109-110 11o-111 111 111 Ili l 1 ! I ! l l [ [ L .. L L ,-4 L ] ] ] ] LOCAL LAW NO. 1 , 1989 A Local Law to amend the Southold Town Zoning Code and the Zoning Map incorporated therein, to implement. in whole or in part. the recommendations o¢ the Master Plan Update prepared by the Planning Board BE IT ENACTED by the Town Board of the Town of Southold as follows: (additions indicated by underline: deletions by [bracketsl.) Chapter t00 of the Code of the Town of Southold (Zoning} is hereby' amended as follows: I. Article l, Section lO0-10 (Purposes), subdivisions E and G are amended to read as follows: E. The maximum protection of residential and historic areas. Go The enhancement of the appearance of the Town of Southold as a whole particularly its open and rural environment. 2. Article I. Section 100-10 (Purposes~ is amended by adding two new subdivisions thereto, to be subdivisions K and L, to read as follows: K. The protection of the subsurface water supply and surfac The protection and enhancement of the coastal environment. 3. Article I, Section 100-11 (Confllcts~ {s amended by amending the title of such section, and adding thereto a new subdivision, to be subdivision C, all to read as follows: Section 100-11. I~terpretation and Conflicts. C. In their interpretation and anplicatJon, the provisions of th:. chapter shall be held to be th.~ minimum rec~uireme~ts adopted fo~ the promotion of the puOlic: health, salety, and we fare. Except wt~ere specifically provided to the contrary it s not ntended this Iocat law to repeal, ahroc~ate, annul or in any way to imoa~ or interfere with any rules, rec~uJatJons or permits drewouslv adopted or issued or which shall be adopted or issued pursuant to law relatin~ to the use of buildings, structures shelters o, premises: nor is it ntended by this chapter to interfere with ~, ~etween parties. Article I. Section 100-t3. subdivision B. (Definitions and usages} amended by amending and/or adding the following terms: B. Definitions and Usages. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meaning as herein defined. Any word or term not nntud I)~low shall ~e used with a rneaninc~ as de(i~'d--~'~-~V~'s't~-ri~'¥'lii~-~l' ~"~ernational Oictionar¥ Of the Enc~iish Lan,c. lua~e, ~;{~;'~r]c~ud {o~ [~es t eclition ~ ..... ACCESS - A physical entrance to property. ACCESSORY APARTMENT - A dweUInp unit created in a presently existinc~ one-family dwellin~ pursuant to Section 100-3iLk(lq) ~C OR STRUCTURE - A buildin or structure detached ot as. and ACCESSORY USE - A [building orJ use [clearlyJ custornariJy incidental Jori' and subordinate to, [and customary in connection wi(h, the prlnci-~ or use off the same lot. ] the main use on a !.o_~..__.w_~h~_ther such "accessory use" is conducted in a accessory bu din .Ar-O~cture added to the oriainal structure at ~oduction. keel~ina or maintenance for ornamenta ~e[aoleS; Ilorat, conserYatlon or s devoted :o a soil ~he landowner or the aoent, o tionee, contract purc or the ~N FOR DEVELOPMENT . The aa lication for accomoan m c~ocuments an m and all eq~ ...... LunK ecl au tomo t !v_.~_~ BED AND BREAKFAST - The rentin~ of not more than three rooms in an owner occuoied dwelling for 'lodc~lnc~ and serv~nc~ of breakfast to not more than six (6) casual and transient roomers. BERM - A structure c~mpos~ primari y of earth intended ~~ o su icient size ~ ~C~o~ g ~t ~ BOARD OF APPEALS - The Z'~' ~oard of ADpeals of the Tow,, o~ Sout~old. BUILDABLE AREA-:~-. The area of a lot remain~ after the ~ln~mum }~ard and open space requiremen~ oi~ this chaoter hav~ ee met. ~'d~c! n wet ands streams __~g , . p Cls. slopes over .~'~ percent'. underwater- land, easements or ot~qer restrictions preventinc~ use o~ such land for construction o~ build~n S~r de~-velopment. I I I l £ -[ L L L L BUILDING - Any structure having a roof supported by such things as columns, posts, piers, walls, or air and the shelter, business, housinc) or enclosinc~ of persons, animal~.) property, or other materials. Any Also any comb nation of mater a s 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 term "structure" as well as the following: (I) Signs. (2) Fences. (3) Walls. [other than retaining walls projecting above the ground not more than three {3) feet at the highest ground level and not more than six and one-h~lf (6½) feet at the ground level. J iq) Radio and television receiving and transmitting towers and antennae, except for such antennae installed on the roof of a building and extending not more than 20 feet above the highest level of the roof of such building. .. [5) Porches, outdoor bins and other similar structures. BUILDING LINE A line formed by the intersection of ~orizontal plane at averac~e c~rade level and a vertical plane that coincides with the exterior surface of the building on any ~ide. In case of a cantilevered section of a building, the vertical plane will coincide with the most projected surface. CERTIFICATE OF OCCUPANCY - A document issued by a Town Buildinc~ Insoector atlowinc~ the use and/or occupancy pt a buiidinc~ and/or land. and ce~tif~,inc~ that the structure and/or use of land and/or structures ~s ~n compliance with all state and local codes, rec)ulations and requirements. CLUSTER - See Residential Cluster. CLUB, 8EACH - A not-for-profit corporation, as defined in Section 102 of the Not-For-Profit Corporation Law of the State of New York, located contic~uous to a bay or Lbng Island Sound and established for ~rinciDal purpose of enclaglncj in sw.mminr~ m the Sound or the bays. but excluding any [orm of aviation, rnot~rbo'-'~ sports. CLUB. MEMBERSHIP OR COUNTRY, OR GOLF COURSF, NONPROFIT - A no*.-for-profit corporation, as defined in Section 102 of the Not- For-Profit Corporation Law of the Stere of New York. established for the principal purpose of engac~ mO in Outdoor sports, such as c~oif, tennis, sw~mmmc~, fishinc.1, Plu~tln? or similar activities, but not incluPinc.~ any form of awation, outdoor trap, skeet or tarc~et-~shootin~ or motorboat racmo. The activities at' such a club shall be limited to its rnemt3er$ an~ theft guests and shall not be extended to the c~eneral put~lic. CLUB. YACHT - "~'not-for-proflt corporation as dallied bv Section ~02 of the Not-For-Profit Corporation Law DJ' th---~--$~e~ ~ew York, estaPlished for the pr/nc.pal p~'O~se ~f eflc~ag recreational boating. The activities o~ such a yach c ub-~'tT~[I be !o the gene. raj public. The term '~vacht club~, ~l~-b--"~--~-ee~.-;~--~,- ~Rc-T*G'ed'~-ih'e term 'marina~ but sha~l-~ot be term "boatyard" except for the out- of-w~er storage 6'oats. -- -3- COMMON OPEN SPACE - An open space area will,in or related to a site desic~nated as a development that is available for th~ use of all residents or occupants thereof. COOPERATIVE - A type of resort or multiple residence in which persons have an ownership interest in the entity which owns th~' building or buildings and. in addition, a lease or occupancy agreement which entitles them to occupy a particular dwetling unit therein, re.~arbless of whether, and in what manner, the dwetlinq units are managed, leased, or otherwise made available for use by persons other than the owners thereot. CUL-DE-SAC - The turnaround at the end of a dead-end street, CURB CUT - The opening alonc~ the curb line at which point v. ehicies may enter or leave ti~e roadway. CUSTOM WORKSHOP- A business premises used for the making of C.'lothin~0 milliner7' shoes or other personal articles to inbividual including the manuiacture of ~lachinery, vehicles, aool[ances an,t similar heavy ~oocls. and ready-to-wear or standarclizecl products. DEDICATION - The conveyance of a fee or lesser interest in property to puhiic use. which precludes the owner or others uno, er him from asserting any right of ownership inconsistent witb the use for which the property is dedicated. EASEMENT - A grant of the use of land for specific purposes. FARM - For the purposes of this chaoter a farm shall he defined as a site or ser~es of adioining parcels unc~er sinql~, ownership or mana(~ement devoted to a~ricultural use. FARM BUILDINGS - All structures useful or necessary For conduct of ac, lricultural activities including, but not Hmited to, FENCE - A vertical enclosure, solid or partlall¥ aden' to prevent the purposes of this chapter, F. ISH PROCESSING The ~eadylng of fish and shellfish rot cooking, canmng, freezing, smokin9 or other "fish ?actory,~ FLOOD H~ZARO AREA - ~nd in the flood plain subject to a or percent or ~?ea:er chance o~ tl~ in any ~iv~n year. standing water, which has been or may be cove~d FLOOR AREA - The sum of the gross horizontal areas of all floors of the building or buildings on a lot. having a clear height of less than six feet measured ~rom the exterior faces of exterior walls or from the center llne of party .walls separating two -u,- L L L buildings, including cellar and basement areas. The~ floor area shall not include: roof overhangs projecting less than three feet or [ny floors or portions thereof contained on terraces or balconies, ~roiectinc. I beyond the exterior face of the buildinc~. FLOOR AREA, LIVABLE - All spaces within the exterior walls of a dwelling unit, exclusive of garages, breezeways, unheated porches, cellars, heater rooms and approved basements having a window area of less than ten percent of the square foot area of the room. Usable floor area shall include all spaces not otherwise excluded above, such as: principal rooms, utility rooms, bathrooms, all closets and hallways opening directly into any rooms within the dwelling unit. [and ail attic space having a clear height of six (61 feet from finished floor legal to pitch of roof rafter with a clear height of seven (7) feet six (6) inches from finished floor level to ceiling level over fifty percent (50[) of the area of such attic space. ] FRONTAGE - The width of a Jot at the street llne. GARAGE· PRIVATE - A building used as an accessory to the main buildinc=~ for the storage of one or more gasoline or other power-driven vehicles owned and used by the owner or tenant of the lot on which the garage is erected, for the storage of not exceeding two additional vehicles (not trucks) owned or used by others[. I and in which no occuloation, business or service for profit is carried on without spectai permit. GARAGE. REPAIR - A buildinc~, other than a private cjara(~e, used for adiustment. ~3aintinc~, reblacement of parts or other repair or restoration of motor vehicles or parts trtereof, whether or not accessory or incidental to anotiqer use. GASOLINE SERVICE STATION - A structure and surroundin(~ land used for the storac~e and sale of petroleum fuet primarily to motor vehictes and for accessory uses such as the sale of lubricants. accessories or supplies, the incidental washinc~ ol motor vehicle~. and the performincal of minor repairs within a bud n~; however, q serwce station is not a repair ~arac~e nor a body srlo~.- GREENHOUSE - A structure for growing plants. GROUND FLOOR - The first floor of a buildinc~ other than a cedar GUES, T UNIT - A bedroom-si,,Ding accommodation for transient be occuoied by no more than two adult persons and be at least ~1 square feet in area. HEIGHT [-~ OF BUILDING - The vertical distance measured from the average 'elevation ot the existing natural grade before any alteration or fill ocli,cent to the building [o the highest point of the roof for flat and mansard roofs, and to the mean height between ,ave and ridcJe for other type roofs. HISTORIC BUILDING - See Lafldmark Designation. HOMEOWNERS OR HOMES ASSOCIATION - A community association,.. interest in the responsibility for opera space or facilities. -5- HOTEL OR MOTEL, RESORT - A buildlng or cjroup of buHdlnc~,, w~ether detached or in connected units, containin~ individual ~ueet units consisting of a room arranged or designed to be a~ailable for Use as sleeping quarters for transients on a daily rental basis or for vacationers or other persons on a weekly rental basis, provided that one such unit may connect directly with not more than one other such unit. Each unit shall have a door openinc~ on the exterior of the building or on a common hallway, leading to the exterior. A "resort motel" may include such ~'ccessory uses as a beach cabana, private dock dining roo~, r'estaurant or swimm ng pool. conference and meeting facilities, or an accessory convenience shop. office or persona service facillt¥, p. rovided that such facility or shop is located within the buiidinq without any external sign or display and off-street parkincI laciiities. Th~ term "resort motel" shall not be construed to includ~ "transient motel" or "mobile home park". HOTEL OR MOTEL. TRANSIENT A building or ~roup of buildings, whether detached or in connectecl units, containin,-~ ~nediVid,u. al guest units consisting of a room arranged or designed to available for use as sleeoinc} and living quarters for transient, on a daily rental basis, provided that one such un t ma), conne¢l directly with no more than one other such unit and that no ~ookinc~ facilities shall be available. Each such unit shall have a door opening on the exterior of he buildinq or on a common hallway leadinc} to the exterior A "trans ent hotel or motel" may i~clude such accessor,Y uses as an office, restaurant, accessor personal services, swimming pool and off-street parkin~ facilitie-.Y. include "resort motet" or "moPile home park." nor shall it b~ deemed to inctude any dwetling unit except that of the owner G.' JUNKYARD - Land occupied or to be occupied for storage of wood, paper, cloth or metal, including old automobiles, trucks, equipmen.t, machinery, fixtures and appliances not usable as originally designed, and also including any portion of such old automobiles, trucks, equipment or machinery as may be sold as and for junk or salvage. The existence on any residential lot of three or more unre~]istered automobiles or trucks not housed withi.~ a building shall be deemed to be a iunk yard. Public sanitary I~clfills ~nd the structures located thereon shall not be included in this definition. LANDMARK OESIGNAT1ON - The designation of a buildinc] o.' structure of architectural or historic significance to the Town through listinc~ :he proDert¥ in the Town's Rec~ star of Designated LandmarKs and filing a copy of the entry in the Town Clerk's office. ' LANDSCAPING - An area of land restricted to landscape item· which may also include such elements as naturalfeatures.' earth harms, sculpture, sic~ns;=, lighting, access-ways, bikeways anH pedestrian-w~ys. LIGHT INOUSTRY - An activit~ ' · r-e~a-l~'in~, rew~ork~'~' assembly' wh~ch_~n~volves lhe fabl'i~cati~n, or comb~ninc~ pt p.'od~':~ synthesis o( chemical or chemical proaucts other Ihan f~-,- materials, except agricultural raw materials. Light industry includes, industrial operations such as electronic, machine parts and small component assembly.~:, as opposed to h~vy industrial o~rations such as automobile assembly or rm'lllng activities. -6- L L L L LOADING BERTH - A space at least 15 feet wide and q5 feet I_~ng, having a minimum iq foot vertical clearance for loadinq and .Unloading vehicles. No such space required by this chapter or depicted on any site plan shall constitute a parking space. LOT ARE'A - The area of a lot taken at its perimeter, exclusive o.f any portion within a public or private street right-of-way. LOT, INTERIOR - A lot other than a corner lot or a through Jot. LOT LINE, FRONT - The lot Fine separating a lot from a street ricjht-of-wa¥; also referred to as "street line". LOT LINE, SIDE - Any lot line other than a front or rear lot line. LOT, REAR OR FLAG - A lot located in such a position that it is to the rear of some other lot fronting on the same street and served by means of an accesswa¥. LOT, THROUGH - A lot which fronts upon two streets which dn not intersect at the boundaries of the lot. LOWER AND MODERATE COST HOUSING - Housing which i- constructed and kept availat~le for families or individuals with Iow or moderate income, inciuciinq senior citizens, as defined' by the Town Board. MASTER PLaN - A plan for the portions of the Town of controlled development of ail or $outhold. the protection of the enhancement of fishing and shelifishingo healthy recreation areas and facilities, thP protection of the undergrouncl water supply; the plan to bP preparecl by the Planninc~' 8oarcl pursuant to Section 272-a of th~ Town Law, which plan i~dicates the .qeneral locations of physical develooment within the Town, anc~ includes any umt or part of such plan separately adonted and any amendment to such plan or parts thereto. MEAN HIGH WATER (MHW) - Average heioht of high water~ datum reporteg by the U.S. Geoloqicai Survey. MOTEL. RESORT - See Hotel or'Motel, 'Resort. MOTEL. TRANSIENT - See Hotel or Motel. Transient. NONCONFORMING BUILDING OR STRUCTURE - A building or structure legally existing on the effective date of this chanter or any applicable amendment thereto, but which fails by re~son of such ac~optton, rev~smn or amendment to conform to the oresent district regulations tot any prescribed structure or ~utJdinr1 requirement, such as front, side or rear yards, building height buildlnc~ areas or lot coverage, tot area per dwelling unit. dwelling units per building, numt~er of parking and Ioadin~ spaces o etc., but which is continuously maintained after th. effective date of these regulations. NONCONFORMING LOT - A Inter, he area. or, dimension of which was lawful prior to [he adoption, rews~on or amendment of :hi~. chapter, but which tails to conform to the reclu~rements of th~ zoning district in which it is located by reason of such adoption, NONCONFORMING USE - [any1 ~ use. whether of a building, sicjn or tract of land, [or bothl or combination of these, le~all,v existing on the effective date of this chapter, which does not conform to the present u~'e regulations of the district i.n which it is located, 'but which is continuously maintained after the effective date of these rec~ulations. :~ -7- N_URSERY SCHOOL - A buildincj or buildln,cJs, toc~eth~r with any accessory uses. buildinqs or structures, u~ed as an organized instructional facility rot five or more enrolled childre, under six ~;ears of age other than the children of the res dent ram y and not furnishinc~ sleepinc~ racilit es except to the resident family. OFF-STREET PARKING SPACE - A space for the parkinc) of on~ motor vehicle within a public or private parkinc) area. but not ~.ithin a public street. OPEN SPACE - Any parcel or area of lend or water essentially unimproved and set aside, dedicated, desic~nated or reserved public or private use or enjoyment or for the use and enioyment of owners and occuoants of [and adioininc~ or neic. lhhorinc.~ such s. bace: provided 'that such areas may be mbroved with only th'os. ~uiJdinc~s structures, streets and or:f-street parkin~ and othe. ~mprovements that are desic~ned to be incidental to the natural openness of the land. OUTDOOR STORACE - The keeoinc~, in an unroofed area, of any OWNER The term shall b~ construed to include the dub., authorized accent, attorney, purchaser, devisee. /iduciar¥ or an'~ in c{uestion. · PARKING LOT - An off-street, c~round level area. surfaced and improved for the temporary storage of motor vehicles. PERFORMANCE GUARANTEE - Any security which may be acceoted PERSON - Any association, partnership, corporation, cooDerativ, ~roup. trust or other entity as well as an individual. PLANNING BOARD - The Planninc~ Board of the To~'~ of $outhold. PLAT - The map of a subdivision. PRINCIPAL USE - The main or primary purpose or purposes wilich land and/or structure(si is desic, lned. arranc~eQ, used intended to be used or for which such land ancO/or structurelsl PI'tOFESSIONAL OFFICE - The office of a ntember of a recognized o~:~Tu d a u~F~'. ~ which may b*~ so .rJesi?nated by the Eoal-c~ or App~-aJ's-~'--- R__ECREATION FAC LITY COMMERCIAL - An indoor or outdoor prJvalely- operated business in voi v~f~in~ J'i~d s courts arenas, or halls designed tO acc°mm~e actiwties such as halliards, bowling, d~nce' h~il'~, gymnasium,, -8- L L L L ! ! L RECREATIONAL VEHICLE - A vehicular type portable structure without permanent foundation, which can be towed, hauled or driven and primarily designed as temporary living accommodation for. recreational camoino, ~ and travel use and including but not I!mited to travel trailer, truck campers, campinc.~ trailers and self-propelled motor homes. RESEARCH LABORATORY - A building for experimentation in pure or applied research, desitin, development, and production of prototype machines or devices, or of new products, and use~ accessory thereto, wherein products are .not manufactured for Wholesale or retail sale: wherein commercial servicing or reoair of commercial products s not performed, and where there is no d~splay of any materials or products. RESIDENTIAL CLUSTER - An area to be developed as a sincde entity accordin~ to a plan containin~ residential h~usmg units having a common or puPtic open space. RESTAURANT - Any premises where food is commercially sold for Any facility making use of carhop or parking lot service to cars or for the co~sumotion of food to be eaten in said cars or outdoors, shall not be considered a "restaurant" for the purpose of thi~ chapter, and shatl be cleemed to be a "drive-in or fast-food RESTAURANT, DRIVE-IN OR FAST FOOD - Any establishment whose principal business is the sale o( foods, frozen Oesserts, or beverages to the customer in a ready to consume state, usuaily consumption within the restaurant building, elsewhere on the premises, or for carryout, for consumption off the premises. RETAIL STORE - An enclosed structure where goods are offered for sale to the public as take-out items, incJudin~ hardware, drugs, food and beverac~e, furnishinc~$, apparel and sim~lar RIGHT-OF-WAY LINES - The boundary lines of land used or Master Plan, and from wl~ich yard and other rec~u~rements shall d~. ROADSIDE FARM STAND, AGRICULTURAL STAND - A booth, stall Jr display area exceedinc~ fifty (50) sotlare feet in area located o~ a farm frorrl which cc~ricultur~l 'products are sold lo the oeneral public. SEPTIC TANK A water-tight receptacle that receives the discharge of sewage from a building, sewer or part thereof and ~s designed, and constructed so as to permit settling of sotid,-. ~i~estion of the orc)anic matter, and discharc~e of the liouid bortion ,nfo a disposal area. SETBACK - An area extending the full width of the lot described or a distance between the street ric?lt-of-wa'v and bu dn(~ ,'or of bui/din~ls may be ~rected. -9- SIT[[ Pt. AN - ^ development plan for one or more lots on which is shown (1) the existin(J, and proposed conditions of the lot, includlncj but not necessarily limited to topography, vec~etatlon, drainage', flood plains, marshes and waterways. (2) the location of all existing and proposed buiJdings, drives, parkinc} spaces, walkwa~/,s means of in,~lress and e~ress, drainac~e facilities, utility services, landscaping.' structures and signs, licjhting, screenincJ devices, and (31 any other inl~ormation that may be reasonaPly recruited in order to make an informed determination pursuant to this chapter for the review and approval of site plans by the PIanninc. I Board. ~PECIAL EXCEPTION USE - A use that is deemed appropriate in a particular district if sj~ecilied conditions are met. SWIMMING POOL - A structure containlnc) an artificial body of water, which is greater than six feet long or wide. and greater than 18 inches in depth at any point. Natural or man-made ponds ail banks of which have a sJope of tess than q5 degrees shall not be inciucied in this definition. TOWN BOARD - The Town [~oard of the Town of Seuthold. TOWNHOUSE - A dwelling unit in a building containing at feast three connected dwelling units divided by common vertlcat party wails, with private entrances to each dwellin(~. A townnouse may, include dwellinc} units owned in fee simote or in condominium or cooperative ownership or any comPination thereof. TRAILER OR MO[~ILE HOME - Any vehicle mounted on wheels, movable either by its own power or by being drawn by another vehicle, and equipped to be used for llvlng or sleeping quarters or so as to permit cooking. The term "trailer'* shall include such vehicles it' mounted on temporary or permanent foundations with the wheets removed and shall include terms "automoPile trailer" and "house car." USE - The purpose for ~which land or a structure is arranged. designed, or intended, or for which either lanc~ or a structure is or may be used, occupied or maintalnecl. YARD LINE - A line drawn parallel 'to a street or lot line at a distance theretrom equal to the respective yard dlmens~on required by this chapter. ZONE - A finite area of land. as desic~latecl by [ts boundaries on the Zoning Map, throughout which 5oecific and uniform regulations cjovern the use of land and/or the location, size and use buildings., ZONING BOARD - See Board of Appeals. ZONING MAP - The map annexed to and made part of this Chapter, indicatinc} zone boundaries'. -10- Se Article II. Section 100-20 {District designations) is repealed and a new Section 100-20 is added, to read as follows: Section 100-20. District desic~nations. For the purpose of this chapter, the Town of Southoldo outside of ti'.. incor=orated Villaoe of GreenoOrto is hereP¥, divided into distrlcl. follo.~s: .cles~c~na ted as A-C R-80 R-qO ~-~zu R-200 A~riculturaI-Conser-~atlon District {Two acre minimum) ResiOential Low Density Oistrict (Two acre mimmuml Residential Low Density District (One acre minlmuml Residential LOW Density District (Five acre mim~muml R-toO Residential Low Density District (Ten acre minimum~ HD Hamlet Density Residential District AHD - AffordaPle Housing District RR Resort Residential District RD 'HB LB MI Mil Residential Office District Hamlet Business Olstrict Limited Business District General Business District Marine I District Marine II District L~qht Industrial Park/Office Park District LIO · LI 6. Article II, Section 100-21 (Zoning Map) is ;mended to read as follows: Section 100-21. Zoning Map. The boundaries of the said districts are hereby established as shown on the [Building Zonal Zoninc~ Map dated January 10, 1~89' which thereon, is hereby adopted and made a part of. and incorporated into this chaoter. Said map. indicating the latest amendments· shall be kept up-to-date and a copy thereof shall be kept in the office of the Building Inspector for the use and benefit of the public. 7. Article II, Section 100-23 (E {feet of Establishment of district) · subdivision E is amended tO read as follows: E. Any use not permit[ed by this chapter shall be deemed to be prohibited. Any list of prohibited uses contained in any section of 8. Section I00-31.1 and Section 100-33 of Article III are repealed, and remainder of said Article Ill is amended as follows: Section 100-30. Purpose. The purr~ose of the Agricultural-Conservation (A-C) Distcict and the Low Oensa£~/ ResiDential ~-80 R-I20,~0 _ ' -'-_ ~._ loss of those currently open lands within the 'l~own containin,) la~rge and contic~uous areas of prime ac~ricu rural soils which ar ~he basis for a Si~lnificant portion of the Town's economy and thos areas with sensitive environmental features includin(~ aclui fa. recharc~e areas and biutfs. In addition these areas provide th. open rural environment so hicjhly valued by year-round residents and those persons who support the Town of Southold's recreation. ~'esort and second home econom,~. The economic, social and ~esthetJc benefits which can be obtained for all citizens by JimitJn,~ Loss of such areas are welt documented, and have inspired a host of C=lovernmental proc. lrams designed, with varying decJrees of success, to achieve this result. For its part. the Town :. ~xbending large sums of money' to protect exist ncj farm acreac~e- At the same time. the Town has an ot3tic~ation to exercise il , authority to reasonably re(]uiate the subdivision and deveiooment ~'f this ~and to further the same purposes, while honorin? ti' lec~itJmate interests of farmers and other farmland owners. [Section ~00-301 Section 100-31. Use regulations. In an iAI ^-C 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 ( 2J in part. for any uses except the following: A. Permitted uses. ( 1J One-family detached dwellings, not to exceed one dwetling on each lot. The following commercial agricultural operations and accessory uses thereto, inctuding irrigation, provided that there shall be no storage o( manure, fertilizer or other odor or dust- producing substance or use, except spraying and dusting to protect vegetation, within 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 grown on the premises subiect to the following special requirements: (1) All tone-storyI buildings [or structuresl for display and retail sales of agricultural and nursery products grown [prfmarilyJ on the premises shall not exceed t,000 square feet in floor area [.-[ or one story in hei~lht. Oisp{ay of produce, at a roadside farm stand shall be not less than' 10 feet from ail street and lot lines. Any roadside farm stand in excess of [One hundre~(iOOjj fifty (501 square feet in floor area shall be set back twenty (20) feet from the street line. Any stand in existence at the effective date of this chapter must, wilh*in one year. comply with all of the provisions hereof. [2) All signs shall conform to the provisions of [Section t0O~30C(G)(bJJ Section 100-31Ci91. (3] Off-street oarkincl as rer3ulred in the Parking Scr~edu/e ~nait be "prov~(3ed dna shall be paraqraph must within one (I) year from su(.h date, comply with thi; provisions her~'~ -12- [ L- L L Be (3.) (b.) The keeping, breeding, raising and training of horses, domestic animals and fowl (except ducks} on lots ten {I0} acres or more. lc. ) Barns, storage buildings, greenhouses (including plastic covered), and other rela ~ed structures, provided that such buildings shall conform to the yard requirements for principal buildings. Buildings. structures and uses owned or operated by the Town of Southold, School Districts, Park Districts and Fire Districts. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, and , and except for the uses set forth in subdivision (15} hereof, are suPiect to site plan approval by the Planning Board :. [in accordance with Article XIll hereof:I {1.) Two-family dwellings {, conversions of existing buildings and new construction. ] not to exceed one such dwelling on eoch lot. Places of worship, including parish houses {but excluding a rectory or parsonage, which shall conform to the requirements for a one-family dwelling} o subiect to the following requirements. (al No building or part thereof shall be erected nearer than fifty (50} feet to any street line and r~earer than 20 feet to any lot line. lb) The total area covered by all principal and accessory buildings shall not exceed twenty (20% } percent of the area of the lot. Private elementary or hioh schools, colleges and other educational institutions, SUolect to the following requirements. (a) No building shall be less than fifty (50) feet from any street or lot line. lb} (c} [d} The total area~occupied by all principal and accessory buildings shall not exceed twenty (2g~) percent of the area of the lot. Any school shall be a nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively thereunder as such. Any such school shall occupy a lot wit;9 an area of not less than five acres plus one acre for each 25 pupils for which the building is designed. (~) Nursery schools. (5) [Libraries.1 Philanthropic, eleemosynary or religious institutions, hospitals, nursing and rest homes or sanitaria for general medical care, but excluding facilities for the treatment of all types of drug addition, subiect to the following requirements: la) No building or part thereof or ar}y parking or Ioadin~ area shalfbe located within one hundred (100) feet of any street line nor within fifty (50) feet of any lot line, lb) The total area covered by principal an~l accessory buildings shall not exceed twenty (20%) percent of the area ot the lot. ' lC) The maximum height shall be thir~y-five (35) feet or two and one-half (2~) stories. -13- The entire lot, except areas occupied by buildings or parking or loading areas, shall be suitable landscaped and properly maintained. Sufficient exterior illumination of the site shall be required to provide convenience and safety. All such illumination shall be shielded from the view of all surrounding streets and lots. [(6) l (fl Any nursing home, hospital or sanitarium shall meet the following standards: All buildings shall be of fire-resistive construction. All such uses shall 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 Council of the State of New York}. [41 (iv)- Eight Thousand (8.000) square feet of lot area shall be provided for each patient bed. 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 imbose in order to protect and promote the health, safety, appearance and generat welfare of the community and the character of the neighborhood in [Fraternity houses. J Beach clubs, tennis clubs, country clubs, golf clubs, public golf courses, and annual membership clubs catering exclusively to members and their guests, and accessary playgrounds, beaches, and maintenance buildings, subiect to the following (al NO ~3uliding or part thereof or any parking or (I00! feet of any street line or within fifty (50l feet of any lot llne. (b) The total a~ea covered by principal and (20%) percent of the area of the lot. (c) Such use shalt not be conducted for profit Js a (d) No such use shall occupy a let with an area of less than three (3) acres. (e) The direct source of all exterior llghting shall be I l [ L- L L L therefrom as required by the Planning Board. Buildings intended for use as sleeping quarters shall be not less than thirty (30! feet from each other, except tents, which shall be not less than ten (10) feet apart. (bi The minimum lot area shall be not less than ten thousand (10,000} square feet for each cottage, tent or other principal building, and not less than three thousand (30000} 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 sheilded to eliminate the glare of lights toward nearby residential lots, streets or other public facilities. (d) The sound level of all outdoor public-address systems shall not exceed the intensity tolerable in a residential neighborhood. [Labor cambs, farm and nonfarm,] Farm labor camps, subject to the following requirements: (a! All farm labor camps on farms shall be constructed in conformance with apptlcabie laws and shall not be located nearer to any other residence than the residence of the employer, except by specific review and approval of the plannin~l Board [of Appealsl. [(911 [Boat docking facilities for the docking, mooring or accommodation of noncommercial boats, subiect to the following requirements: J [(all [There shall be docking or maoring facilities for no more than two (2) boats other than those owned and used by the owner of the premises for his personal use.] (10) Veterinarian offices and animal hdspitals, subject to the following requirements: (a) The housing of all animals shall be in a fully enclosed structure, if nearer [han one hundred fl/'t¥ [[100)1 (150) feet to any lot line. ( 1 1 ) Cemeteries, (12) <:tables and riding academies ({13]] [Funeral homes and undertaking establishments. I (13) Wineries for the production and retail sale of win'e produced from grapes grown on the vineyards on which such w~nery is located. -15- C~L) One accessory apartment In an existing one-family~'dweflingo subject to the following requirements: la} The accessory apartment shall be located In the principal building. lb) The owner of the existing dwelling shall occupy one of the dwelling lc) The existing one-family dwelling shall cohtain not less than sixteen hundred (1,600] square feet of liveable floor area. (d) The accessory apartment shall contain not less than four hundred fifty (q$0) square feet of livable floor area. (el .Ti~e accessory apartment shall not exceed forty (qO~.] percent of liveable floor area of tho existing dwelling unit. (f) A minimum of three. {3] off-street parking spaces shall be provided. Not more than one (1) accessory apartment shall be permitted th) The accessory apartment shall meet the requirements of a dwelllng unit as defined in Section 100-I.3 hereof. The'~xterior entry, to tho accessory apartment shall, to the of a one-family dwelling. All exterior alterations to the existing building, except for access (k] Certificate of Occupancy shall terminate upon the transfer of title by the owner, or.upon the owner ceasino to occupy one of the dwelling units as the owner's principal residence. In the balance of the dwelling or one (1) year from- date of said demise, (Il All conversions subject to inspection of Building Inspector and Renewal of Certificate of Occ,;pancy annuaUy. tm) The building which 'is converted to permit an accessory apartment shall be In existence and have a valid certificate of occupancy tssue~ prior to January I, lgSq. (nj The existing bulldlng, together with the accessory apartment. shall comply with ail other requirements of Chapter 100 of the Town Code of the Town of $outhold. ; (o) Notwithstanding the provisions of Section /00-30B hereof, no site plan approval by the Planning Board ~hall be required for the establishment of an accessory apartment. (P) ,Approval by the Suft'olk County Department of Health Services of the water-supply and sewage disposai systems. The renting of not more than three (3] rooms in an owner occupied to the principal use of the ~fWeJltng, subject to the following .- (al That adequate off-street parking spaces shall'be provided L L L L -17- Co Accessory uses, limited to the following [: ] uses and subject to the conditions listed in Section 100-33 herein. LU IlUI Any customary structures or uses which are customarily incidental to the principal use, except tttose prohibited by this chapter. Home occupations, including professional offices, provided (a) (b) (dj (e! No display pt' goods is visible from the streeL Such occupation is incidental to the residential use of the premises and is carried on in the main building by the resident therein with not more than one nonresident assistant. Such occupation is carried on in an area not to exceed [thirty percent (30~.)1 twenty-five (25~) of the area of [one (1) floorJ all floors of the main building (.I , and in no event s'hsll such use occupy more than five hundred (500) sc~uare feet of floor area, There shall be no exterior et~fect at the property line, such as noise, traffic, odor. dust. smoke. Bas. fumes or radiation. Studios where dancing or music instruction is offered to groups in excess of five pupils at one time. or where concerts or recitals are held. are prohibited. In no manner shall the appearance of the bud altered nor snail the occupation within ~he resiOence to lose its residential character either by the use of colors, materiaJs, construction, or lic~htinc]. No Oisoia~/ of proOuccs snail be visible from Uqe street, anO stoc~ in traOe shall be kept on the 13rameses. ~ Home occupations sha~l }n no event be deemed to include.: (3) Boat dockJna facilities for the dockino, moorln accommodation (a) There shall be dockinc~ or moorinc} facilities for no morp by the owner or the premises (or his personal use. (b) The Town Trustees shall approve new boat docking Boats at such dockJnc~ facilities shall not be used for ~,vernlc~nt sleep~nc=~ purposes. [(2) 1 (?~.) Garden house, toolhouse, storage building, playhouse. wading pool, swimming pool or tennis court incidental to the residential use of the premises and not operated for gain, subject to the following requirements: (al Any swimming pool shall be completely enclosed with a permanent chain-llnk (or similar type) fence of not more than two-inch mesh, not less than four [zll feet in height, erected, maintained and provided with a self-closing, self-latching gate 1o p, revent unauthorizud use of the pool and to prevent accidents. However, if said pool is Ioc~rted more than four (~U feet above the Bound, then a fence is not required, provided 1hat alt points of access to said pool are adequately protected by a self-closing, self-latching gate. Ar~y swimming pool in existence at the effective date of the provisions of this subsection shall, within one (I) year from such (b! Individual outdoor tennis court related to residential use on a lot containinc. I a single-family detached dwelllnc~ provided that the same *is se~ back not less than six (6[ feet from all lot lines, and that there is no lic, jhtinq for after dark use. {(3) J (5,~] Private garages; provided, however, that not more than two (2[ passenger automobile spaces ~n such garages may be leased to persons not resident on ~the premises. (6) Off-street parking spaces accessory to uses on.the premise.~, -- Not more than four {q} off=street parkinc~spaces shall be .~:~ermitted within the minimum tront yara. [(q}] (7[ The storage of either a boat or travel trailer owned and used by the owner or occupant of the premises on which such boat or travel trailer is stored, for his personal use, subioct to subsection (3 of Section 100-1'91 Suoplemental parkin~ ~'.e~dations and the fo owing requirements: (a)Such boat or trailer shall not exceed thirty (30) f'eet in length. (b) Such boat or trailer shall be stored onty in the required rear yard, and the area occupied therefor, together with the area of all buildings in the rear yard, shall not exceed forty percent (q0~) of the area of the rectuired rear yard. Such boat or trailer shall not be located within fifteen (15[ feet of any street or lot line. Ilorses a~d Domestic animals other titan housei~otd oats, provided that such shall not be housed within forty {~0) feet of any lot line. Houstno for flocks of more than twenty- five (2.~} fowl shall not be c(~nstructed within fifty [50] feet of any line. (c) [(6) 1 (9.._~) The following signs, subject to the supplementary sign regulations hereinafter set forth in Article (a) [One (1) indirectlyl Not more than two (2) non- illuminated nameplates or pro~essional signs each not more than two (2) square feet in area. (bi Not more than Jthree [3) J two (2) signs with a combined total area of not more than'[seventy~two (72) J fort¥- ~) square feet, no one t of which shall be larger~an four by six (4 x 6) 1 twenty-four (2q) ~.c]uare feet in size, advertising ~ly the sale of farm, garden or nursery products [produced orl grown on the premises or-of animals raised on the premises. (c) One (1) real estate sign, either single or double-faced. not larger than [three by four 13 x 4) 1 twelve (121 square feet in size on any one ltl or more lots, advert~sin~ the sale or lease of only the~premises on which it is maintained, and set back not less than [ten (10) J fifteen (1S) feet from any For line. Where acreage or a suPclivision ~las a continuous frontan~-~'~' fi~e hundred '~[500) leer or more. said sign snail not e~ceed-twent¥- four (2q) sc~uare feet in size. [(e) l (d) One (1) bulletin board or other announcement or identification sign for uses permitted in [Section 100- 308[21, (3), lq), (61, [7[ aha [101 hereofl Section 100-31R(3), (), ($), (6), (8) and (9) of the Ac.~ricuitural District, not more than [t~irty-twol e~[i-J~t'e'en ( feet in area, located not less than (five (15) feet from any street or lot line. -18- t 1 ! ! ! ! i l l [ L L L I L Such other signs as may be authorized as a special exception by the Board of Appeals as hereinafter provided. 1(7)1 (10) Yard sales, attic sales, garage sales, auction sales or similar type of sales of personal property owned by the occupant of the premises and located thereon, subject to the following requirements. fa) Not mote than one [(t~] such sale shall be conducted on any Jot in any one calendar year. (b) Adequate supervised parking facilities shall be provided. (c) No signs, except one [ (I) ] one-premises sign not larger than [three by four (3 x q) J six [6) SCluare feet in size displayed for a period gl not longer than one [(1)1 week ~mmediatel¥ prior to the day of such sate. shall be permitted. (d) A permit is obtained therefor from the Building Inspector upon the payment of* a fee of $15. {Section 100-311 Section 100-32. Bulk, area and parking requirements. No building or premises shall be used and no building or part thereof shall be erected or altered in the IA Residential and Agriculture Districtl Ac)riculturai- Conservation District and ~n the Low Density Residential R-80 Distrtct unless the same conforms to the Bulk Schedule and Parkinc~ $che~3ule incorporated into this chapter with the same force anc~ eifect as if suct~ rec~ulations were set ~orth In the case of a lot held in single and separate ownership prior to November 23, 1971 and thereafter, with an area of less than forty-thousand (q0,000) square feet, a single family dwelling may be constructed thereon, provided that the requirements of Column IAI vii o( the Bulk Schedule and the Parking Schedule incorporated in [his-~apter are compi~ed with. B. The bulk and parking requirements for single-family dwellings as set forth in Column [A-q01 ii of into this chapter s'~ail (I) All lots shown on final a. pproval by (2) the Bulk Schedule and the Parking Schedule incorporated major and minor subdivision maps which were granted the Planning Board prior to May 20, 1983. Ali lots shown on major subdivision maps upon which the Planning Board has hetd a hearing for preliminary map approval prior to,~lay 20, 1983. (3) All lots shown.on minor subdivision maps that have been granted sketch plan approval by the Planning Board prior to May 20, 1983. All lots se{off or created by approval of the Planning Board subsequent to November 23, 1971 and prior to May 20, 1983. The bulk and parking requirements for single family dwellings set forth in [Column A-801 Columns i and iii o( the Bulk Schedule and Parking Schedule incorporated into this chapter shall apply to the foiiowing lots. to wit: (I] All lots shown on minor s'(Jbdivision maps which have been granted sketch plan approval by the Planning'Board on or after May 20. 1983. (2) All lots shown on major subdivision maps upon which the Planning Board has held a hearing for preliminary map approval on or after /~lay 20, '? 1983, (3] All lots setoff or created by approval of the Planning Board on or after (2) All lots shown on maior subdivision maps upon which the Planning Board has held a hearing for preliminary approval on or after May 20, ]983. [Section 100-32] Section T00-33. Accessory buildings. In the IA Residential and Agricultural District,] AgrlcuituraI-Conservation Hne. C. ,All such buildings in the aggregate shall occupy not more than forty percent (q0~,) of the area oF the r~qulred rear yard. -20- Chapter 100 is amended by adding a new Article thereto, to be Article III-A. to provide ARTICLE III - A Low Density Residential R-q0 District Section 100*30A. Purpose. The purpose of the Low Density Residential R-q0 District is to provide areas for residential development where existing neighborhood characteristics, water supply and environmental conditions permit full development densities of approximately one dwelling per acre and where open space and agricultural preservation are not predominate opjectives. Section I00-31A. Use regulations. In an R-~I0 District. no building or preJnlses shall be used. and no building or part of a Puilding shall be erected or altered which is arranged, intended or d, esic. lne~ to t=e useci, in whote or in part. for any uses except the following: A. Permitted uses. (t} Same as Section T00-31A of the Agricultural-Conservation District. B._~. Uses oermitted by special exception of ~he 8pard of Appeals The followinc~ uses are permitted as a special exception by the ~oarcl'of A~oeals~ as hereinafter prov~c~ed, and suOlect to site plan approval by the Planning 8pard. (I! Same as Section T00-318 of the Agricultural-Conservation District, except (8) ciqiidren's recreation camo. ( 9 ) farm laPor camp and (101 veter*nar~an office anP animat hospital not ~ermitted, and bed and DreaKtast uses etd not rec!uare site Dian aoproval.~ (2._.~ Libraries. museums or art ~alleries. C. Accessory uses, limited to the following: (1__].) Same as Section 100-31C of the Agricultura-Conservation District. Section 100-32A. Bulk. area and parking requirements. "~' No buildinc~ or premises shall be used and no building or part thereof shall bo c~nlorms to the requirements of the Bulk Scheouie and of the ParKinc~ Schedule, full. Section I00-33A. Accessory buildings. Accessory buildings shall be subiect District. -21- I0. Article IV is repealed and a new Article IV is added in its place, to provide as follows: ARTICLE IV Hamlet Oenslty Residential (HO) District Sect/on I00-~0. Purpose. T~e purDose of the Hamlet Density (HD) Residential District s to (1) permit mix of housintj types and level of residental density appropriate to the area in and around the maior hamlet centers, particularly Matt tuck, Cutchogu. Southoldr Orient and the Villac~e of Greenport. . Section 100~al. Applicabillty. The Hamlet Density (HO) Residential District may be designated on the Map by the Town Board, upon its own motion, or by petition on parces w th one-half mile of a Hamlet Business (HB) District of Mattituck. Cutchogue and $outhold hamlet and within one-~Juarter m eot the Hamlet Business (HBI of Or ant. ancl within one-half mile of the I~ounclar¥ pi~ [he Villac~e of Greenoort. Section 100-a2. Use regulations. In an HO District. no buildlncj or premises shall be used,, and no building part of a buiidinc, i shall be erected or altered which is arranoed, intended clesicjned to be used. in whote or ~n part dt any use except (he tollowinq: A. Permitted uses. (1) One-family detached dwellln(~. ( 2.._~ Two- family dwelHnc~. Uses permitted by special exceotfon bv the Boan::l of Appeals. The followinq provided, and suOiect to sste plan aoproval by the Plann~n~ ~oard: (1.~.) Multiple dwellings, townhouse, row or attached house. (2~ Accessory apartments in single-family residence as set forth ~n and ~ess~r~.~ses as set forth in and regulated by S~:ion 100-31C [I) sign shall be set back not less than fifteeA ~15) feet fr~m a)~ aha ~ot lines. 5u~h sign snail comoiy w~ o~~(~ ~a~n re~iatJons set forth in ArtJcJ'e XX, and other comlnunlt~ 3ervlces to ail bu~ei~a~"s~l~r~:~; the premises, providecl, however, that the plans for a~'-I~'l-~C~'~ the same shall be approve.d, by the Plan~inr; ~3ffa~:;.J ........ -22- I i ! ! I [ L L Section 100-~3. Bulk, area and parking requirements. A. No buildinc) or premises shall be used and no buildinc) or part thereof shall ~ I~ erected or altered in the Hamlet Density {HD) Residential District unle[~ the same conforms with the Bulk Schedule and Parkin0 Schedule incorporate, I into this chapter, with the same force and effect as if such regulations wer~ ~t forth herein in full. -234 11. Article V is repealed; Article VA is renumhered Article V, and the Sections thereof are renumbered Sections 100~S0 to t00-58 inclusive. ~ .ARTICLE V AFFORDABLE HOUSING DISTRICT Section 100- 50. Purpose. The purpose of the Affordable Housing District is to provide the opportunity within certain areas of the Town for the development of high density housing for families of moderate income. Section 108- 51 Definitions. For the purpose of this Article, the following terms, phrases and words shall have the following meaning: C~NSUMER PRICE INOEX - The Consumer Price Index as published by the United States Department of Labor, Bureau of Labor Statistics for the New York Metropolitan area. DIRECTOR - The Director of Community Development for the Town of Southold. MODERATE INCOME FAMILY - A family whose aggregate annual income, including the total of all current annual income of all family members {excluding the earnings of working family members under age 21} from any source whatsoever at the time of application for the purchase or lease of an affordable housing unit or the purchase of an unimproved affordable lot, does not exceed $39.000.00, which annual income shall be change in the consumer price index. MODERATE INCOME FAMILY DWELLING UNIT - A dwelling unit ~served for rent or sale to a moderate income family and for which the maximum monthly rent [excluding utilities) or the maximum initial sales in Section 100- 56E hereof. ' MODERATE INCOME FAMILY UNIMPROVED LOT - An unimproved lot maximum initial sales price, inclusive of the cost of providing public sales price set forth in Section 100- 56E hereof. PERMANENT FIXED IMPROVEMENT - An improvement to a lot or a Section 100- 52 Applicability. AHO Districts shall be established by application to the Town Goard pursuant [o the procedures hereinafter specified, on parcels of land located within the following areas: A. Land within a one-half (½}' mile radius of the post offices located the hamlets of Mattituck, Cutchogue, Peconic and SOUthold. G. Land ~ithin one-quarter (~} mile radius of the post offices Iocated the hamlets of East Marion and Orient. i ! I [ L L L L C. Land within one-quarter (~} mile of the boundaries of the I~corporated Village of Greenport. Land in such other areas as shall be designated by Town Board resolution after a public hearing thereon, upon ten (10} days notice thereof by publication in the official Town newspapers. Section 100- S3. Use Regulations. In the AHD District. no building or premises shall be used, and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: A. Permitted uses. I. One-family detached dwelling 2. Two-family c~.vellin g 3o Multiple dwellings. Accessory uses as set forth in and regulated by Section 100-30C {2), (3),. (41, (61 and (7) of this Chapter. Section 100- 5~ Bulk Area 6 Parkin~l Requirements. No building or premises shall be used and no building or part thereof shall be erectec~ or altered in the AHD District unless the same con(arms to the following Bulk. Area 6 Parking Schedule. BULK. AREA r, PARKING SCHEDULE Minimum Requirements Total lot area (sq. Lot Width (ft.) Lot Depth (ft.) Front Yard {ft.) One side yard (ft.) Both side yards (ft.) Rear yard (ft.) Livable floor area (sq.ft. per dwg} Off-street parking spaces (per dwg) Land area (sq.ft.) per dwg. unit Single Family Two- Family Multiple Dwelllnos Dwellinqs DweUinGs 10.000 20,000 q0,000 80 100 150 100 140 20O 15 15 20 25 30 40 35 35 25 850 600 600 Io,ooo 10,000 10,000 Maximum Permitted Dimensions Lot coverage (per,ant1 Building height Number of stories 20 25 25 35 35 35 -25- Section 100- 55. Application Procedurn A. Application Procedure. The procedure for planning and zoning approval of any future proposed development in an AHD District shall involve a two-stage review process as follows: (1) Approval of a preliminary development concept plan and the zoning reclassification of a specific parcel or parcels of land for development in accordance with that plan by the Town Board; and (2) Approval of a final, detailed site plan. and subdivision plat approval, it~ required, by the Planning Board. Application to the Town Board for rezoning approval. Four (q) copies of the application for the establishment of an AHD District shall be filed with the Town Clerk who shall submit a cody to the Town Board at its next regular-scheduled meeting. The application shall contain at least the following information: (1) The names and addresses of the property owners, and all other persons having an interest in the property; the name and address of the applicant (if not the owner); the names and addresses of any planners, engineers, architects, surveyors, and all other persons or firms engaged or proposed to be engaged to perform work and/or services with respect to the proiect described in the application. (2) If the applicant is not the owner of the property, written submit th~ application on behalf of the owner or owners. (3) A written statement describing the nature of the proposed proiect. and how it will be designed to fuHfill the purposes of this Article [including its consistency with the Town Master planl; an analysis of the site's relationship to adioining properties and the surrounaing neighborhood; the availability and adequacy of community facilities and capacity of the street system in the area in relation to the anticipated traffic generated, and such other information as deemed necessary by the Town Board and/or the Planning 13oard to enable them to properly review and act upon the application. {ql A written statement describing the proposed method of ownershp. operation and maintenance of all proposed common utilities, including public water and sewer facilities, and open land located within the proposed de'velopment. (5) A preliminary development concept plan for the. proposed proiect' (a) The total area of the property in acres a~ld square feet. {bi A map of existing terrain conditions, hlcluding topography with -26- [ L L .. L L lc} A site location sketch indicating the location o£ the property with respect to neighboring streets and properties, including the names of all owners of property within five hundred feet therefrom, as shown on the last completed town assessment roll. Such sketch shall also show the existing zoning of the property and the Iocatinn of all zoning district boundaries in the ~iurrounding neighborhood. (d) A preliminary site development plan indicating the approximate location, height and design of all buildings, the .arrangement of parking areas and access drives and the general nature and location of all other proposed site improvements, including recreational facilities, landscaping and screening, the storm drainage system, water and sewer connections, etc. (e) A plan showing the number, type and location of all proposed dwelling units and unimproved lots to be reserved for sale or lease to moderate income families, and the ratio of the same to all proposed dwelling units and lots in the development. (f) A gene~lized time schedule for the staging and completion of the proposed project. (g) An application fee in the ~mount of fifteen dollars ($15.) for each proposed dwelling unit or five hundred ($500.) dollars. whichever is greater. Referral to Planning Board. Upon the receipt of a properly completed application for the establishment of a new AHD District. one copy of the application shall be referred to the Planning Board for its review and report, and one copy shatl be referred to the Suffolk County Planning Commission for its review and recommendation, if required by the provisions of the Suffolk County Charter. Within sixty (60) days from the date of the Planning Board meeting at which such referral is received, the Planning Board shall report its recommendations to the Town Board. No action shall be taken by the Town Board until receipt of the Planning Board report or the expiration Ptr the Planning Board review period, whichever first OCcurs. Said review period may be extended by mutual consent of the Planning Board and the applicant. Planning Board Report. The Planning Board. in its report to the Town Board. may recommend either approval of the application fo~' the establishment of the AHO District. with or without modifications, or disapproval of said application. In the even, that the Planning Board recommends disapproval of said application, it shall state in its report the reasons for such disapproval. In preparing its report and recommendations, the P/anning Board shall give consideration to the Town Master Plan, the existing and permitted land u~es in the area, the relationship of the proposed design and location of buildings on the'~ite, traffic circulation, both on and off the site. the adequacy and availability of community facilities and utilities, including public water and public sewer systems, to service the proposed development, compliance of the proposed development wdh the standards and requJ~:~lnents of this Article, the their- current need for of this Article. ED Town Board Public Hearing. Within forty-five (q5) days from the date of the Town Board's receipt of the Planning Board's report and recommendation, or the expiration of the Planning Board review period, whichever first occurs, the Town Board shall hold a public hearing on the matter of establishing an AHD District on the property described in the application. Such hearing shall be held upon the same notice as required by law for amendments to the town Zoning Map and/or Zoning Code. F. Town Board Action. (1) Within forty-five (ti5) days after the date of the close of the public hearing, the Town Board shall act either to approve, approve with modifications, or disapprove the preliminary development concept plan and the approval or disapproval of the establishment of the AH[} District applied for. Approval or approval with modifications shall be deemed as authority for the applicant to proceed with the detailed design of the proposed development in accordance with such concept plan and the procedures and requirements of this Article. A copy of the Town Board's determination shall be filed with the Planning Board and a copy mailed to the applicant. A copy shall also be filed in the Town Clerk's Office. If such determination approves the establishment of a new AHD District. the Town Clerk shall cause the official Zoning Adap to be amended accordingly. [2) Approval of the establishment of an AHO District shall expire twelve (12) months after the date of Town Board Approval thereof if the applicant has not received site development plan approval and final subdivision plat approval of at least the first section of the planned development within such twelve (12) months period. Approval of the establishment of an AHD District shall expire eighteen (18) months after said Town Board approval thereof if work on the site has not commenced or the same is not being prosecuted to conclusion with reasonable diligence. The~ Town Board, upon application o~ the applicant, and upon good cause beincj shown, may in the exercise of its discretion, extend both of the above time perfods for not more than two (2) additional periods of not more than six [6) months each. In the event of the expiration of approval as herein provided, the AHD District shall be deemed revoked and the zoning classification of the property affected thereby shall revert to ~ts zoning classification that existed on the pro~ert¥ immediately prior to the establishment of the AHD District thereon, and the Town Clerk shall cause the official Zoning Map to be amended accordinc~ly. C. Site Plan And Subdivision Plat Approval by the Planning Board. (1) No earthwork, site work, land clearing, construction or development activities shall take place on any property within an AHD District except in accordance with a site Dian approved by the P~anning Board in accordance with the provisions of this Article and in as set forth in Article XXVof this Chapter. L L I (21 Where a proposed development Involves the subdivision er resuhdlvision of land, no development shall ~roceed until the Planning Board has greeted final subdivision plat approval in accordance with the provisions of Chapter AlO$ of the Town Code. Section 100-56 Ceneral Rec~ulatlons and Redulrements.. Sewer and Water. In an AHD District. public water disposal systems shall be provided therein. supply systemaand/er public sewer to serve all dweiUng units located 13. Covenants and Restrictions. In apbroving a preliminary development concept plan and/or the establishment of an AHD District. the Town Board shall have the right to require the applicant and/or the owner and all persons having an interest In the premises to execute an agreement, in recordable form, containing such restrictions, covenants, terms and conditions as it deems necessary to accomplish the intent and purposes of this Article. C. Provision For Moderate Income .Family 'Dwelling Units And Unimproved Lets. On land within an AHD District containing tan (lQ) acres or less el land, not less than forty iq0%] percent of the dwelling units and/or unimproved lots IDeated therein shall be reserved for sale or lease tc moderate income families. (2) On land within an AHD DIstrict contalnln~l more than tan {10) acree d land. not [ess than f~fty (50%) percent of the dwelling units and/or unimproved lots therein snail bo reserved for sale or lease to moderel income families. In each AHD District, the sale or lease of dwelling units reservec for moderate income families, and the sale of unimproved lot.* -' priority basis, in the following order: Ca) First to eligible applicants employed In the Town of Soutllold. (b) Second to eligible applicants who reside in the Town o (c} Third to all other .ellgibl& applicants. E. Maxlm~Jm Sales Price And Monthly Rent. [11 In an AHD District. the maximum initial sales price of a dwellincj un be aa fellows: ia) U~improved lot containing an area of 10,000 se.ft. - $25,000. [bi Attached dwelling unit ] ] ! ] (2) (c} Single-family detached dwelling unit - $75,000. The maximum initial monthly rent (exclusive of utilities for a dwelling unit reserved for moderate income families in the AHD District shall be as follows: (a) Studio Apartment - $:300. (bi One bedroom dwelling unit - Sq00. (c) Two bedroom dwelling unit - $500. (dS The provisions of this Section I00756E(2) shall remain in effect as to each dwelling unit for a period of fifteen (15] years from the dbte of the initial lease thereof. (3) The maximum sales prices and monthly rents set forth [n Section 100- 56 (1) and (2} hereof shall be revised each year on January 31st to conform to the previous year~s change in the consumer price index. Resale Price of Dwelling Units and Unimproved Lots. (I) Dwelling units in an AHO District reserved for moderate income families may be resold to moderate income families, provided that the maximum resale price does not exceed .the purchase price plus the cost of permanent fixed improvements, adiusted for the increase in the consumer price index during the period of ownership of such dwetlincj unit and such improvements plus reasonable and necessary resale expenses. (2] Unimproved lots in a AHD District reserved for moderate income families may be resold to moderate income families, provided that the maximum resale price does not exceed the purchase price of such lot adjusted for the change in the consumer price index for the period during which such lot was owned by the resale seller, plus reasonable and necessary resale [3) (~! Where an unimproved lot in an AHD District reserved for moderate income families is improved with a dwelling unit, the maximum resale price shall be determined in the manner specified in Section 100:S6F (1] hereof. Notwithstanding the provisions of Section 100- $6-F (1l, (2) and (3) hereof, the Director may authorize the resale of a dwelling unit or t~l~nproved lot reserved for moderate income-families at a price in excess of the maximum resale price specified in Section 100-S6-F (Ti, (2) and hereof, under the following conditions: (al That the owner of such dwelling unit file an application with the Director requesting approval of such resale, setting forth in detail · the calculation for the determination of the maximum resale price, the proposed resale price· and such other information and documentation as the Director Shdll request. (bi That the portion of the resale price in excess of [he maximum allowable resale price shall be divided between [he resale seller and [he Towh in the following.~oroportions. Year of Resale Percentage Percentage after purchase to Owner To Town 1st 0 100 2nd 20 8U 3rd QO 60 ~th 60 ~0 5th ~' 80 2O 6th 90 . ~0 -30- (c) All money received by the Town pursuant to the provisions of the preceding paragraph (bi shall be deposited in separate accounts and shall be expended only for the purposes of this Article in such manner as shall be determined by the Town Board. Section 100- 57 Administration, A. General Duties of Director. (I) The Director shall be responsible for the administration of dwelling units and unimproved lots reserved for moderate income families Jn all AHa Districts pursuant to the provisions of this Article. (2) The Director shall promulgate and maintain information and documentation of all dwelling units and unimproved lots reserved for moderate income families in all AHa Districts; the number th&real available for sale or lease at all times; the sales prices and monthly rent for such dwelling units and lots; the names and addresses of eligible families desiring to purchase or lease the same, together with a priorfty list of such families. The Director shall maintain such other records and documents as shall be required to properly administer the provisions of this Article. B. Interagency Cooperation. (11 Whenever the Town Board ab~3roves the establishment of an AHa District, a copy of such determination shall be filed with the Building Inspector and the Director, together with a copy of any agreements and/or covenants retatlng thereto, (2i Whenever the Planning Board approves a subdivision plat and/or a site plan affecting land within an AHD District, a copy thereof shall be filed with the Building inspector and the Director, together with copies of any agreements and/or covenants relating thereto, (3) Whenever the Building Inspector shall issue a building permit, a certificate of occupancy or any other permit or authorization affecting dweBIng units and/or unimproved lots located in an AHa District and reserved for sale or lease to moderate income families, a copy thereof shall be i'lled with the Director. C. Procedure. I[1) Whenever the Building Inspector receives an application for a certificate of occupancy for a dwelling unit or unimproved lot located in an AHa District and reserved for sale or lease to moderate income Director who shall inform the owner and/or person filing such application of the maximum sales price or monthly rent for such dwelling unit or lot as wail as eligibility requirements for families seeking to purchase or lease such dwelling units or lots, (2) No certificate of occupancy may be issued by the Building Inspector until the Director has supplied the Building Inspector with the informatJoq provided For in the preceding paragraph and Building Inspector determines that the issuance o~ the, certificate of occupancy will not permit a use, occupancy, sale or lease of a dwelling unit or unimproved lot in violation of the provisions of [his [3) The Director shall certify the eligibility of all applicants for leas~J or moderate income families. An owner of dweiling units and unimproved lots ?n an AHa Dis..trict which are reserved for sale or lease to moderate income families shall ~not sell or lease the same to any person who does not possess a certificate of eligibility issued by the Director. A violation of the provisions of this paragraph shall -31- L I 1 ! ! I i / l [ L- L [~1} On or before March 31 of each year, the Director shall notify the moderate income families of the monthly rent, sales, price and income eligibility requirements for such units and lots based upon data derived from the preceding year. ($) The owner or manager of dwelling units and unimproved lots reserved for moderate income families shall certify in writing to the Director on or before May 3! of each year that the sale and/or lease of such dwelling units and lots comply with the provisions of this Article and Chapter 100 of the Town Code. (6) When a dwelling unit reserved for lease to moderate income families two (2) years. Section 100- 58 Applicability of Town Code. All of the Provisions of the Code of the Town of $outhold not inconsistent or in conflict with the provisions of this Article shall be applicable in the AHD District, -32- 12. Article VI is repealed and a new Article Vl is added in its place, to provide as ARTICLE VI Resort Residential (RR} District Section 100-60. P.._urpose. The purpose of the Resort Residential (RR) District is to provide opportunity for resort development in waterfront areas or other appropriate areas where because pt the availability of water and/or sewer more intense development may occur consistent with the density and character of surrounding lands. Section 100-61. Use regulations. In an RR District. no buildinc. I or premises shall be used, and no building or part pi a builcling shall be erected or altered which is arranged, intended or des~gnea to Oe use~, in whole or in part, for any use except the following: A. Permitted uses. ( 1__~ Any permitted use set forth in. and as regulated by Section 100-31A B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by [he Board of Appeats as neretnaft. provide~i, and except for the uses set forth in sut~divJsion (5) hereof, (1._..~.~ Any special exceotion use set forth In. and as regulated by Section 100-3liB) (1), [6), [7) and ($q} of the Ac}rlculturaI-Conservatlon Marinas for the docking, mooring or accommodation of noncommercial boats. (q) Yacht clubs. · (a.~l Minimum parcel size shall be five ($) acres. (b.~) The maximum number of guest units shall be: one I1) unit per six thousand {6,000) square feet of lanr~ one (I) unit per four thousand [~,000) square feet of land NO music, entertainment or ~oudsDeaker system shall be audibl~ from beyond :he oropert~ line. (d~) No. lights shall create a glare on adioining p~'o~?erty. Tourist camps as .regulated by Chapter ~8 oi the Town Code. -33- (7) Free standing restaurant. C. Accessory uses. Any accessory use set forth in, and as rec~lulated by Section 100- 31C 1 throuc, lb (7) of the AgriculturaI-ConserYation Oistrict. (2,...!)) Sic. Ina as regulated by Section 100-31C (91 of the Agricultural- Conservation Oistrict, and in tine case of a hotel, motel resort. tourist cam;3, country club, beacin club, swim club tennis club, if the builcJing is set back twenty-five (25) feet, one (I) fre~- ~ianqinc7 or c~rouncl iiluminatecl sign with a maximum area of e~ghteen (18) square feet may be permitted at the entrance, set back a minimum of fifteen (15) feet from the street line. Sanitary and laundry facilities. Accessory uses set forth in and as regulated by Section I00-a2C(31 ~f the Hamlet Oensit,~ Oistrict. Section 100-62. Bulk, area and ioarking requirements. Exceot as otherwise provided herein, no buildings or premises shall be use, t anq no buildin(7 or ~)art thereof shall be erectet~ or altered in the Residential hi~ Distr:ct unless the same conforms with the Bulk $checlu~e anc~ Para(in, anq Loaqing $ct~equles ~ncoroorate~l into this chapter t3y reference, w~th th same force ancO'effeCt as if ~ucJ3 reo=ulations were set forth herein ~n full. -3u,- 1 i I l I L- L .. t L ! 13. Article VII is repealed and a new Article VII is added in its place, to provide as follows: ARTICLE vii Residential Office (RD) District Section 100-70. Purpose. To provide a transition area between business areas and Iow density residential develooment alonc~ malor roads which will provide opportunity for limited nonresidential uses in essentially residential areas. Section 100-71. Use recJulations. In a Residential Office IRO) District. no buildin(~ or premises shall be used, and no Puildin,g or part ol~ a buHc~ing shall be erectec~ or altered whictl is arranoer~ intenc~ed or designed to be used. in whole or in Dart. for any uses except ~he followm(~: A. Permitted uses. One°family detached dwellings, no~ to exceed one dwellln~ on each lot. Buildings. structures and uses owned or ooerated by he Town of Sou[hod. School Districts. Park Districts and Fire Oistricts. Uses permitted by $oecial exceotion by the Board of Aop~-qls. The followin9 ~i) through {7) of the AqricuituraI-Collservatlon District (2~} Professional offices and business offices. (3) Funeral homes. Bed and Breakfast uses as set forth i~ and regulated by Section 100-31BI exceot that no site plan approval ~s required. ( S~ Libraries. museums or art ~alleries. Accessory uses. Hmited to the following: (1) Accessor~ uses~s set forth ~n and regulated by Sec ion 100-3 [ 1 thrqu~ [7) of the A~riculturai-Conservation District, anO SUDleC[ tn the conditions set forth in 5~t~on }00-33 :hereof. The followin~ signs, subiect to the suop~ementar~ sign regulations set (al One (1)' indirectly illuminated nameolate or professional slqn not more than two (2~ square teat in area. ' fbi One (11 real estate si~ ei~inQie or double-faced no I~-qe- and set bac~ not less :nan fifteen (15} fe~n~-~o'/-I'i~l~''where acrea~.~ or a suO~ivision bas a con:inuous Irontag~ o~d~-- -35- (c~) One (I) bulletin board or other announcement or identificatio,-~ sic~n for uses permuted by Section 100-318 (3), (~), (5) and (6), not more than eicJhteen (18} sc~uare feet in area located not less than fifteen (I$) feet from any street or lot line. (3.~.~ Accessory uses set [orth in and rec~ulated by Section f00-q2C(3) of the Hamlet Density District. Section 100-72. Bulk, area and parkinc~ requirements. A..~.. No building or premises shall be used and no building or part thereof shall be erectec$ or altered in the Residence-Office (RO) Oistr~ct unless the same conforms with the Bulk Schedule and Parking and Loadin,~ S. chedules incorporated into this chaoter, with the same force ancl effect as if such rec~ulations were set forth here~n in full. -36- l L L L Article VIII is repealed and a new Article VIII is added in its 'place, to provide as follows: ARTICLE Viii Limited Business (LB} District Section 100-80, Purpose. The purl)ose of the Limited Business District (LB} is to provide an opportunity to accommodate limited business activity aionc~ hi(~hway corridors, but ~n area~, outside the hamlet central business areas that is consistent with the rural a~d historic character of surroundinc~ areas and uses. Emohas~s will be placed on rewew of deslc~n features So that existing and future uses wdl not detract from surroundin? uses. The additional uses must (~enerate iow amounts of traffic and be desicjned to protect the resicientail and rural character of the area. Section 100-81. Use rec. lu/ations. In the LB district, no buildinc] shall be used and no buildincj or part of 1 buddinQ, shall be erected or altered WhiCh ts arranc~ed, intended or c~es~?ned [o be usecl, in whole or in part, for any uses except :.he foIIowin(~: A. P~rmitted uses. (1.~.1 Any permitted use as set forth in and reaulated by Section I00- 31A of the Ac~ricuJturaI-Conservation District. [2) The followinc~ uses are permitted uses sub]ect to site plan approval by the Planmnc~ t~oard: [a) Retail businesses comolementar¥ to the rural and historic character of the surroundin~ area limited to [he followm.Q: (i) Antique, art and craft shops and c~allaries. (ii~) Custom workshoos,and m'achlne shoos. [iii) Wholesale or retail sale and accessory storaoe and display p'ro'v=c~ed that the outdoor storaQ, e or display of plant,; tratfic and does not occur within Ihree (3) feet of orooerty line. ' ' (c__L (e) (iv) Libraries or museums. Professional and business offices. Personal service stores and shops, includincl barber shoD, Wholesale and warehousing. ::~ -37- B. Uses permitted by special exception by the Board of Appeals. The followln~) uses are permitte~ as a special exception by the Roard of Al)peats a~ hereinafter provided, and except for [3ed and Breakfast uses are subiect to site plan approval by [he Planning t3oard. (1~_.~) An~ special exception use as set forth in and rec)ulated by Section ]00-3113 of the Ac~riculturaI-Conservation District.' C. Accessor,~ uses, limited to the followin,~ uses: (I} An accessor~ use as set forth in and regulated by Secton 00- -- 31~ (1) through (8) of the Ac. lriculturaI-Conservation District. and sut)iect to the conditions set forth in Section 100-33 thereof. (2.__).) S;~ns subiect to the followinc~ requirements. (al Freestandin(~ or ~lround signs. Where the buildincal is set back twenty-five (25) feet or more from the street, one sic~n. ~Jn01 or double-faced, not more than ei(~hteen (18) square feet tl~e lower e~c~e of which shall be not ess than four feet above th-'~' cjround, unless attached to a wall or fence, and the ubper edcje of which shall not extend-more than fifteen (tS) feet above ti" c~round, w~icn sign shall be set back not less than fifteen (15) feet from all street antt property lines and shall advertise only prooert¥ in common ownershio. t.b) Wall signs. One si~n attached to or ~ncorDorated in each building [il Exceed one il) sc!uare foot in total area for each horizorll.iI (ii) Exceed in width one hundred oercent (100%) of the horizontal (iii} Exceed three (3) feet in hei(~ht. (iv) Project more than one (1) foot from such wail. Section 100-82. Bulk. area and parkin~ requirements. Except as otherwise provided herein, no buildln~s or oremises $1~all be used and no buiidJn'~l or part [hereof shall be erected or altered in the ~ Oistr~ct unless the same conforms with the ~uJk S~heclute and Parkinc~ a,,cl Loading -38- [ .. IS. Article IX is repealed and a new Article IX ;s added in its place, to provide as follows: ARTICLE IX Humlet Business (HB) District Section 100-g0. Purpose. The puroose of the Hamlet Business (HB) District is to provide for business develoornent in the hamlet central business areas, inciudJnc, i retail, office and service uses. public and semi-Dubtic uses, as well as hotel and motel and multi- family residential devetoornent :hat will support and enhance the retail development and orovJde a f~[IS for the hamlet area. Section 100-91. Use recjulations. In a HB District, no buildinc~ or premises shall be used, and no buildlno or Dart of a buildin~ shall be erected or altered which is arranc~ed, intencled or'desicjned to De used, in whole or in part, for an), uses except the following: A. Permitted uses. (I__1 Any permitted use set forth in and re~ulated by Section 100-31A (1) and (3) of the AcJricultural Conservation District. (2._J.) Any permitted uses as set ~'orth ~n and as rec~ulated b~.$ection 100- q2A (2) of the ~-a~J~-~'~sidential Distrlct~' (3) Boardinc~ houses and tourist homes. (~1.~1 Business, professional and c,~overnmentai offices. [5._.~.1 Banks and financial institutions. (61 Retail stores. (7__~) Restaurants. excluding drive-in restaurants. (8! Bakeshops (for on-premises retail sale). parlor, pro~'essional studios, and travet aqe~cy. (10).Art. antique and auction 9alleries. (11) Artists' and craftsmen's workshops. (12) Auditorium or meeting halT. (131 Reoair ~'hoDs for househo,!d, business or oersonal adp ia cas includin? (Iq) Custom workshops. ~lS._). Bus or train stations. (16J Theaters or cinemas (other than outdoor). (17[ Libraries or museums. ~ (18) Laundromat. Uses permitted by special exception by theiaoard of Appeals. The followinrI Board. Any special exception use set Forth in and as regulated by Section 100-31 ia (3) to (6)and IIq) and T1sIof the Ac~riculture ConservatiOn District (2) Multiple dwellings and townhouses. (3) Motel and hotel uses as set forth in and regulated by Section 100- 61 ia lq) of the Resort Residential B District, except that minimum lot size shall be one (1) acre. (#...~.~ Apartments may be permitted over retail stores, subiect to the followlnq requirements: {a) The exollclt written approval of the Town Fire Prevention Inspector shall be obtained for the design, location, access and other safety-related elements of every such apartment. Nn apartment shall be ~)ermitted over filhng stations, stores retailincj flamma~)le or fume-oroducn~ ~oods, restaurants or other businesses with kitchens or other facilities producing intense heat. or any other estaotishment which the Fire Prevention inspector Determines to Dose a ~reater-than-averac~e built-in fire risk. (bi (c_.J.) (d) The habitable floor area of each apartment shall be at least four ht~ndreg fifty (qS0) square reet. but in no case more than seven hundred fifty (750) sc~uare feet. The apartment shall not De Iocateci on the first floor or ttqe building' and the apartment shall contain all services for sase and convenient haOitation, meeting the New York State Uniform Fire Prevention anQ Building Code and the Sanitary CoOe. There shah be no more than three (3) apartments created or malntainea in any sinc~le bulldinc, h Each aoartment, or common hallway servicing two or thre. first flexor. (e__L Each apartment shatl have at least one (1) on-site off-street Only the owner of the buildino in which (t is ornoosed to locate the aoartmentls) may apply f~r this special p~rm'~t~'--The Board of (~) {iii] (iv) The aoartment is prooe._rfv constructed, maintained and Any other condition d~med reasonable and necessary to insure the immed'~e and long-term succes~ of the apartment i~ helping to meet identified housilIc~ needs in the communi[~ is complied with. -q0- L (5) Bed and breakfast enterprises or boardinc} and/or tourist home as set forth and rec~ulated by Section 100-51B {3) of the Resort Residential A' District. (6._.~.~Fraternal or social institutional offices or meetin? hail. (7) Drinkinc) establishments. (8! Public Garaqe. (9) Funeral Home. Accessory Uses. (1_..~) Accessory uses as set forth in and recJulated by Section 100-31C ( ) through (7) of the A~r cu rural-Conservation District, and subject to the conditions set forth in Section 100-33 thereof. (.~) Sic.~ns as set forth in Section 100-B1C [2) of the Limited Buslnes~ District, (3} Directional or informational sic~ns, not exceedinc) two {2} square feet, which the Plannin~ Board finds :o be necessary to [aciiitate circulation t.hrou~hout the district. Section. I00-92. Bulk. area and parkln~ requirements No build~nc~ or premises shall be used and no buildinc) or part thereof shall erectec~ or altered in the HB District unless the same conforms with the Butk Schedule and Parkin~ and Loadin~ Schedules incorr~orated ntb this chaoter ' by re~erence, witrt trte same force and eifect as if su'~ rec~uiations were forth herein in full. Section I00-93. Uses confined to enclosed buiidlnc]s. All uses permitted in a HB District. Jncfudln(~ the disl31av and sale of merchandise and the storage of all property, excel3t livin~ plants, shrubs or trees, shall be confined to full,v enclosed buiidinc~s on the premises. -41- 16. Article X is repealed and a new Article X is added in its place, [o provide as follows: ARTICLE X General Business ( B ) District Section 100-100. Purpose. The purpose of the General Bus ness (B) District is to provide [or retail and wholesale commercial development and limited office an, i may involve characteristics such as heavy truckin(~ and noise. Section 100-101. Use requlations. In the ~B! OIstrict, no buildincj or' premises shall be used. and no buildin~ c,, ~ is arranqed, intended or des~ ned tO be used, ~n w~ A. Permitted uses, ~n¥ permitted use set forth in and reouiated by Section 100-ara and (3) of [he A~lriculture Conservat~(~n Distr~cl, An7 permitted use set forth ~n and reoulated by S~tion 100-gIA {3) to (~8~ of the Hamlet ~usiness Oistrtc~. (3) Wholesale businesses, warehouses, and buildin~ materlal storage and Building, el~trical and plumbJn~ cont~actors~ businesses o~ ~ards. Cold storage plants, bakin~ and other f~d processin~ and packa~ir.~ Wholesale o~ ~etail sale and accessory storage and disola~ of Wholesale/retail beverage distribution. Funeral homes. (10! Teleohone exchanges. Uses permitted°by special exception by the ~3ard of Aopeals.'The followincj hereinatter provided, sublet[ [o $:1:e plan aoprova Board. (I] An~_~oeciai exce tion use · ........... p..~ a.s set [orth _~n ~nd r..guta_tec! bM Section shall be one (1) acre. -42- -43- Bed and breakfast enterbrises or boarding and/or tourist homes as set forth in and regulated by Section 100-31[J 5 ~l-Conservation District, exce~]t that no s~te plan approval Is required. Tourist camps as regulated by Chapter 88 of the Town Code. (5) Research design or development laboratories, provided that any manufacturing shall be limited to prototypes and products for testing. (6) Fully enclosed commercial recreation f'acll ties inchJdlnc. I, but not iimite~i to. tennis clubs, skating rinks, paddle tennis, handbal~'and ~uaah facilities, dance halls, billiard parlors, bowling alleys, health ~bas and clubs and uses normally accessory and incidental to commercial rata sale of goods associated with the particular activity. (7) Laundry or dry cleaninc~ plant subiect to the following conditions: (a) All processes and storage shall be carried on within an encios~-d All fluids used in processing, shall be recycled, and the overatl fa. cillty shall be designed, located and operatep to orotect surfac. waters and the c~roundwater reservoir from pollution. (81 F.raternal or social institutional office or meetinc~ hall (non-profit). Fast food restaurants, provided that eating on the bremises of th, fast foocl restaurant shall De perm~tteci only inside the structure in areas soecificall¥ c~esiclnated and properly maintained outside of the structure and where minimum lot size /or a free-standing structu*'~ is forty thousand (~0,000) sc~uare feet. (I0) Orinkin~ establishments. (11) Automobile laundry. (12) Public garages, gasoline service stations, new and used motor vehicle and trailers and boat sales, wittq accessory repair facJJJ~Jes all su~t~ct Entrance and exit driveways, shall have an unrestricted width of not less than twelve (12) feet and not more than thirty feet and shall be located not less than ten (10) teat from any property line, and snail be so laid out as to avoid the necessity (bi Sale o~ used vehicles or"boats shall be conducted oniv as accessor~ V~hicle H[ts~pr pits, dlsmantfed automobiles, boats and vehicles ~nd all parts or supplies shutl be (d) All service or repair of motor vehicles, other than such minor s~v~c~n~ as chan~e or tires or sale or ~asoline or o~l, conducted Jn a bd~lding. (e} The storage of gasoline or flammab e oils n bulk shall be located .... futly undergrou'nd and not less than ~hirty-f a~y prope~t~ line other than the street line. (f) No ~asollne or fuel pumps or tanks shall be located less than (~[ Outdoor area lic}htin¢~ shall be that ~enerally ~'equired for security purposes and shall be restricted to the front ohe- thir(i (1/3) of the lot del)th. All outdoor li~htinc) shall b.. located at a height of not more than fourteen (lq) feet ahoy. ground level and so directed that illumination should not extend beTond lot lines. th) No gasoline service or repalr shoos or similar businesses ar to be located within three hun(ired (300) feet of a church, public school, library, hospital, orphanac~e or a rest home. (13) Partial- self-servlce c~asollne service stations, subiect to all of the p rovlsmns of Section 100-10lB (12) here n, and the followinc. I ac~dit onal requirements: (a) Each partial self-service (~asoline facilit'~ shall have a qualified attenclant on qut¥ whenever he station is oben for business. It shall be the (itJt~ oi the guaHfie(i attendant to control an, ~'oerate both the console re~ulatin~ the flow of ~asoline o I" dispens~n,~ equipment thereaiter to be ooerate(i by the customs, at the self-service pump islan(i and the d sDensin~ equioment on the other pump islands. (b) Casoline shall at no time be dispensed without the dire~t (c_L prowde(i which will shut oil the flow of c~asotine lo th disoensifl~ ~u~oment on the o~ner oump Jslan~. The console regulatin~ the flow of ~asoline to the retool, (d) (e__L The self-service oum~ island shall have controls on all oumo~ The sail'-service pumo island shall be protected by an automatic fire protection system in lhe form o~ an aoDrovea system or dry powder release which will.~ct as an automatic fire extlnQuisher. ~ There shall be no latch-open device on any self-service dis[~ensin,I (lq) Private transportation serv(ce ~ncludlnc~ ~araoe and ma~ntenanc, facilities. (ti Accessory uses set forth in and as r~,i la ed by Section 100-J1C [1)throu(~Yt (8) Of the Ac~rlcuitural-Conserva~]-o~l Ois£r~ct. SUbl-~'~,Cl to the conditions set forth ~n Section_33 thereoi-. Wall signs as set forth and regulated in subsection, C (2)(b) o~ the Li~nited Business District Sectioq~,100-Sf~ I L L (3~) Free-standing or ground signs. Where the buildinc~ is setback twenty- five (25) feet or more from the street, one [l) sign, single or double- faced not more than twenty-four (24) square feet, the lower edge of ~ich shall be not less than four (Il) feet above the g~ound unless attached to a vxall or fence and the upper ed.qe of which shall not extend more than fifteen (15) feet above the ground shall be permitted, which sign shall be set back not less than fifteen (15) feet from all street and property lines aha shall advertise only the business conducted on the premises. As used in this subsection, the word "premises" shall mean all contiguous property in common ownership. (4) Open storac~e of materials or eduipment provided that such storage shall be (1) at least 25 feet from any lot hne (2) not be more than six feet high, and'(3) de suitably screened by a solid fence or other suitable means of at least six feet in heic],..,.~t Section 100-102.Bul_k, area and park[ng requirements. No building or premises shall be used and no building or part thereof shall be erected or altered in the (B),Oistrict unless the same conforms with th, Bulk Schedule and Parkinq and Loadinc. I Schedules incorporated into this chapter by reference, with the same force arid effect as if such rec~ulation were set forth herein in full. 17. Article Xl ia repealed and a new Article XI is added in its place to provide es follows: ARTICLE XI Marine I (MI) District Section 100-110. Purpose. To provide a waterfront IocatiQn for a limited rant]e of water a~pendent and water related uses which are those uses which re~uire or benefit from direct access to, or location in marine or tidal waters but which are located within the Town's tidal creeks or natural coves. Section 100-111. Use Re.qulations. In an MI District, no buildinq or premises shall be used and no buildinc~ or part of a buildinq shall be erected or altered which is arran(jarl, intended or desicjned to be used, in whole or in part, for any uses except the followinq: A, Permitted uses. (1) One (1) One-family detached dwellinc~ per sinc~le and separate lot of record in existence as of the date of adoption of this local law, Marinas for the dockinc~, moorin~ and accommodation of recreational or commercial boats, includinc1 the sale of fuel and oil primarily for the use of boats accommodated in such marinas. Boat docks, slips, piers or wharves for pleasure or fishin.q trips or for vessels enc~a~ed in fishery or sheUfishery. Boat yard for buildincj, storinq, repairin.q, rentinq, sellinc~ or servicincj boats which may include the followin.q as an accessory use office for the sa e of marine ecluipment or products, dockside facilities for dispensint] of fuel and where pumpout stations are provided, restroom and laundry facilities to serve overnight patrons. (5) Boat ~nd marine entwine repair and sales and display, yacht broker, marine insurance broker. Buildin,cjs, structures and uses owned or operated by the Town of Southold, School Districts, Park Districts and Fire Districts. [7) Retail sale or rental of fishinq, divincj, bathinc~ supplies and ec{uipment if accessory to marina or boat yard of ships loft or chandlery. B._L Uses permitted by special exception by the Board of Appeals. The followin~ uses are permitted as a special exception by the Board' of Appeals, as hereinafter provided, subject to site plan approval by the Planninq Board. (1) -~oBeach Club, yacht club or.boat club includh~c~ use~ accessory to them such as swlmm~n.~ pools, tennis courts, and racquetball facilities. (2) Mariculture or ac{uaculture operations or research and development. 1 I I I I i l l [ L L L L I t t I I l C. Accessory uses, limited to the t'ollowin.~: (1} Accessory uses as set forth in and requlated by Section 100-31C (1) throu,c]h (7) of the .~gricutturaI-Conservation District, and subject to the conditions of Section 100-33 thereof. {2.~.) Signs, as set forth in and regulated by Section 100-81C (2) of Limited Business District. Section 100-112. Bulk, area and parking re<tuirements. No buildinq shall be used and no buildinq or part thereof shall be erected or altered in the MI district unless the same conforms with the Bulk Schedule and Parkinq and Loadinc~ Schedules Incorporated into this chapter, by reference, with the same force and effect if such re~. ulations were set forth herein in full. 17A. Article Xll (Board of Appeals) is renumbered Article XXVII a,~d a new Article Xll is added in its place, to provide as follows: Marine II (Mil) District Section 100-120. Purpose. To provide a waterfront location for a wide ran(-je of water ~ependent and water related uses which are those uses which reguire or benefit from direct access to, or location in marine or tidal waters and which in general are located on major waterways~ open beyfronts or the Long Island Sound. Section 100-121. Use Recjulatlons. In an Mil District, no buildin,g or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in' part, for any uses except the foUowin,g~ (one use per eighty-thousand (80,000) square feet of land above mean high water, unless otherwise specified): Permitted uses. One {1) One-family detached dwellinq per single and separate lot of record in existence as of the date of adoption of this local law. Marinas for the docking, moorinc] and accommodation of recreational or commercial boats, including the sale o_f fuel and oil primarily for the use of boats accommodated in such marina. Boat docks, slips, piers or wharves for charter boats fishing trips or for vessels engaged in fishery or shellfisbery. ("--L Beach club, yacht club or boat club including uses accessory to them such as swimming pools, tennis courts, raquetball facilities. Boat yard for building, storing, repairing, renting, selling or servicing boats whicrt ma'/ include the following as an accessory use: office for the sale of marine equipment or products, dockside facilities for dispensing of fuel and where pumpout stations are provided, restroom and laundry facilities to serve overnight patrons. (6.~.) Mariculture or aquaculture operations or research and development. [7) Boat and marine engine repair and sales and display, yacht broker, marine insurance broker. (8) Buildings, structures and uses owned or operated by the Town of $outhold, School Districts, Park Districts, and Fire Districts. (9~_L) Retail sale of rental of fishing, diving, bathing ~upplies and ec]uipment if accessory to marine or boat '~' yard of ships loft or chandlery. Uses permitted by special exception by the Board of ~peais. The followinq uses are permitted as a special exceotion by the Board of Appeals, as hereinafter provided, subiect to site plan approval by the Planninc] Board. (I__L Restaurants excludi nc.3 outdoor counter service., drive-ins or curb service establishments. Such prohibition shall not prevent service at tables on a covered or uncovered terrace or porch incidental to a (2) Ferry terminal. T~ransient hotels or motels conditions: subiect to the foilowin~1 (a._.J.I The minimum area for such use shall be not les~ than three (3) acres. [bi The number of C~uest rooms permitted in th, -- hotel or motel shall 13e determined by, (1] proportion of the site utilized for such use, and {2l the availat3ilit¥ of public water and sewer. The maximum number of c~uest units shall be (1] unit per four thousand (q,000! square feet of land with put31ic water and Sewer. Fish processinc~ plant. (5.~} Flsh market which may include a combination of wholesale and retail sale of ~nfish and shellfish. (6.~.) Museum with nautical theme or art qailer¥. C. Accessory uses, limited to the t'ollowinq: { 1) Accessory uses as set ~'orth in and requ/ated by Section 100- 31C ( J ) thoruqh (7) of th,- .A~lricuJturai-Conservation District, and sub~ect to co,,Uitions of Section I00-33 thereof. {2.~.~ Sic~ns, as set forth in and arec~ulated by Section [00-$1C (2) of Limited 13usiness District. Section 100-122. Bulk, area and parking requirements. No buildlnc~ shall be used and no 'building or part thereof shall be erected or altered in the Ltll district unless the san.~ conforms with the Bulk Schedule and Parking and Loadin,~ SchecJuJes ~ncor~orated into this chapter, by reference, with same torte enid effect if such regulations were set forth hereh, in full. 18. Article XIll is repealed an a new Article .'(Ill :s added in its I;~ace. to provide as follows: ARTICLE XIII Lic~ht Industrial Park/Planned Office Park (LTD) District Section 100-130. Purpose. .T.,he purpose of the Licjht Industrial Park/Planned Office Park (LIb) District ~s to provide opportunity for the location of bus ness and orofessonal offices research facilities, industrial uses and similar activities in'an open. campu · like setting in areas which are not apbropriate for commerca ac, tivity or Id dens~t~ residential development. In this area such uses can be established ;,, a._n attractive environment and serve both as a means of oreserving the open c~ualities of an area and providing an area, adiacent o hamlet areas where Su~.l', uses can be appropriately devetopecl with suitable protection for c~round and ~'t~rface waters. All uses must conform to Suffolk County Health Departme~( standards. Section 100-131. Use regulations. In a LJO District. no building or premises shall be used. and no buildincl. art of a buddin shah be erected or aiterecl which is arran ed. intended o~' A. Permitted uses. 1. An~/ permitted uses set forth ~n, and as regulated by Sect on 100- 31A (2) anc~ (3) of Uqe A~ricultural-Conservation DiStrict. An~ permitted uses set forth n and as rec~ulated by Section 100~101.~. Off~ce buildinc, ls for businesses, ~overnmental. and Drofessional us.~ in. cludin,~ ac~mtnistrative training data grocessin~, puolicatio,,, f nancial'and sales offices. q. Teleohone exchanges. [ 1~.~ Any sDecial exceotlon use set forth in and as regulated by Sectio,, I00-101 B ($~. (~ and (10) of the General Business Oistr~ct. -50- l L L L L I [bi No offensive noises, ~asee, fumes, smoke, odors, dust, -- e-Tirluent or vibrations silall emanate from such use and no waste products shall be discharc~ed therefrom of a character !o. create a nuisance or to be niur ous to health or to nec~ai[vely ~mpact (~roundwa tar. (c) Such processes shall involve the use of only oil. cjas or electricity for fuel. Conference facilities subiect to the followin~l conditions: (al Where rooms are provided for conference attendees, they should be permitted at the same number per acre as hotel/motel 9uest (ql units set forth in and regulated by Section 100-6tB (6) of th. Resort Residential Public-~tility structures and uses. (5...~.) Printin(~ or publishin(~ plants. (6--1 Truck or bus terminals I(~arac~es, parkinc~ facilities, loadinc~ dock% etc. (7) Food processin~ and dacka~ n(~ plants (not includin~ fish processinq plants). (8) Wholesale and retail sales and repair of boats and marine items. (gl Boat buildlnc~; boat servicinc]: boat storage facilities. (10) Restaurants. (111 Sauerkraut manufacturin? plant. (12) Basic Utility Stac}e II airport, subiect to the followin(~ condition: (al Minimum parcel size shall be 100 acres. (13) Bed and Breakfast uses as set forth in and as rec~ulated bv Section I00-31B(15i. provided that no s~te Dian approval is-fao, u/red. Accessory uses: (lJ Accessory uses on the same lot with and Customarfl¥ incidental to (2) Wall si~n_~_s ~s set forth in and regulated by Section 100-81C (2) [bi of the Limited Bus,ness District. limite~ t~ a maximum size of (301 square feet in area. (3) Freestandin(] or ground sians as set forth in and requlated by Section IO0-101C {3) of the General Business District. Fully enclosed storage facilities incident)al to :he princioal use. ODen storage as set forth in and regulated by Section 100-101C of t~e General Busings District. Indoor and outdoor recreation facilities for the exclusive use executives anO employees ol :~e principal use, In-service.trainln9 schools ~or employees of the princ~pul use.. (8) Private garages for the storage and;:~ervice ~ __ of motor vehicles owned b~ the owner of the principal use or the executives or employees ther~f, or visitors thereto, includin9 the sa~f them, bu~ n~m the public ~enerally of ~asoline, oil anO minor accessories. -51- (9._~.) Central heating and power plants accessory to the principal use an,I the service of all structures on the premises. (10) Maintenance and utility shops incidental to the principal use, , Off s~reet parking and loading. Said areas shall not be nearer tha,, (11) }'~ft¥ (S0l feet to any lot line or street, and if generally adacent a lanc~scapecl strip of at least ten (I0) feet in width. Section 100-132. Bulk, area and parking requirements. No buildlng or Dremises shall be used and no building or part thereof .~hall be erected or a tered in the LID Ligl~t Industrial ParklPlanne, I Office Park District unless the same conforms with the Bulk Scheclule an, I Parking ancl Loading Schedules ncoroorated nto this chapter by referen,, -S2- L L I ! ! 19. A*'ticle XIV [Administration and Enforcement} is renumbered Article XXVIII and a new Article XIV is added in its place, to provide as follows: ARTICLE XlV Light Industrial (LI) District Section 10O-lqO. Purpose. The purpose of the Light Office (LI) District is to provide an of~portunity for business and industrial uses on smaller lots than would be appropriate for the LID Lic~ht Industrial Park/lSl-~nned Office Park District. 'Section 100-1ql. Use re~.ulations In a LI District. no building or premises shall be used. and no building or part of a building shall be erected or altered which is arranc3ed, intended or designed to be used. in whole or in part. for any purpose except the followinc~: A. Permitted uses. (t) Any permitted uses set forth in, and as regulated by Section 100- 31A (2) an~ (3l of the Agricultural-Conservation District. Any permitted uses set forth in and as regulated by Section TO0-131A (2} to (5) of the Light Industrial ParklPlanneci Office Park District 131, Uses permitted by special exceotion of the Board of Aopeals. The following uses are permitted as a special exceotion by the Eloard of A,r3~:~eais as hereinafter provided and subiect to site plan ap'proval by the PIannin~ Board. Any soecial exceotion use set forth in and as reciulated by Section 100-131D (I) to (Ti) of the L. jc~ht InPustrial Park'/Planned Office Park [~ist riot. (2) Bed and Breakfast uses as set forth in and as regulated by Section 100~3lB(15). prov~decl that no s~te Dian approval ,s required. Accessory uses. (1) Accessory?. uses on the same lot with and customarily incidental to any permitted or soecial exceotion use and not ir~-oi~ a separate 6'G~-,.es s. - Wall sic}ns as set forth in and as reaulated by Section 100-61C 121(bl of the Limited Business District. JJr~ited to a maximum of thfrt~ · square feet in area. Freestandinc~ or ~round siQns as set forth in and as rec~ula[ed by Section 100-101 C [3) ~[ ["-~{e General Business O strict. Accessory uses as set forth in and as regulated by Section 100-131~ (31 ancl {7] :hrou(~h (10) of the Lic~l~t Industrial Park/Planned Offici. Park District. with the Bulk Schedule and Parki~q eno LoaOi'n~-~ched~e~{corporated ~n(o -53- 20. Article XV (Amendments) is renumbered Article XXIX, and a new Article XV ia added in its place to provide aa follows: ARTICLE XV O. ensit¥ Minimum Lot Size and Bulk Schedules Section 100-150. Existing Bulk and Parkinc} Schedule The existing "Bulk and Parking Schedule" incorporated into this chaoter by reference is hereby repealed, and the Density ,Minimum Lot Size.-and Bulk Schedules hereina!ter set forth are substituted in place thereof. Section 100-151. Density, Minimum Lot Size. and Bulk Schedules. Except as otherwise provided in this chaoter, no buildinc~ or premises shall be used or occuoied and no buildinc} or structure or part thereof shall he erected or aiter~d in a use district 'unless the same conforms with the Density and Minimum Lot Size Schec~ules and the Bulk Schedules hereinafter set forth. l l !. l L 21. Chapter 100 is amendud by adding a new . .'title thereto, to be Article XVIII. to provide as follows: ARTICLE XVIII ' ' C~uster Development Section tOO- 180. Purpose. The purpose of this provision is to encourage flexibility and inovatJon in the desig,, to traditional zonmc~ and subdivision rec}utatons. Further, the application of A. Maximum reasonable conservation of land and protection of c~roundwater supply Preservation of a(~ricultural activity by encouracin,~l retention of larc}e continuo~. Variety in type and cost of residential develooment, Ihus increasinc} the choic of housinq types aval~aD(e to Town residents. Preservation of trees and outstanding] natural features, prevention of soil A shorter network of streets anti utilities and more efficient use of enerqy Section 100-181. Applicability. A. . On lots of ten (101 or more acres in the AorlCultural Conservation, the 40 anti R-80 Distr~cts and the Low Density Residential R-120. R-100 anti (1.) The residential use will be sinofe family detached hpmes for lot (2_~..) (3_.) The density of these homes will bo .3s $oecified in the particular district and determined as mndlcated in ~,~os~ct~on C below. b..L. with public water I0,000 square fe~t ~~ential Districts. to wit, the A-C AqricuJtural Conservatl the reauirement that the owner ma~e written aODJJC3[IO~ (Or the use of s~ch ~ to,ether with~mao which ~or The total buildinq lot yield of the standard subdivis~o.~ shall be t~se, I they are 'separate~l by an exist~n,~, street offerin(~ dire~t accus's to such holdinQ, s. In all other cases, the-ho~dincls shaH-, be cons~der*~d as Se[~arale parcets. -59- { l L L L (3....~.} In a cluster development, lot area, width, depth, front yard, rear yard and side yards ma,/ be reduced to less than the minimum redmrements set forth in the Bulk Schedule, provided that such modification or chancres shall not result in a c~reuter averac~e ~l'ensit¥ or coverage pt' dweBing units than is permitted in the ;onin~l district wherein the land lies. The area of a cluster development shall be in sinc~le ownership or under ~'1 fled control, E. Prior to the issuance of a buildinc) permit in a cluster development, a sit~, plan shall be submitteci to and approved by the Planninq Board in accordano, with Article XXV of t[qis chapter and the followin,c} conditions: (1._.~.1Said site plan shall include areas within which structures may he located, the height and spacmc~ of buddinc~s, the location of open par~m~ spaces, and streets, trails, site easements and recreation~ all proposed moc~ifications pt existin~ zonm(] f~rov~sions. rules c~overnm~ subdivision rewew, prowcled [hat the common lancl dedicated Common Areas. The Planning Board shall establish such conditions on the ownershin~ use. and maintenance of common areas, includinc~ open space, as it A cluster development shall be orc]anized as one of the foJlowino: 1 approved by the Federal Housinc~ A'dministratJon for mortpaae insurance as a Planned Umt Oevetooment. and the Town ~o~rd: a Homes Association approved by the Town Attorney and Tow. Board; or any ~ther arrangements aoprove~ ~v the Town lion operatincj. ~nder recorcJed_~lana aqre~men~s tl~r~'n wh,ch {bi for the orc. lanization's activities includinc, i real property taxes and the maintenance of tt~e common land anc~ facJJities. Each lot shall be subject to a lien in the event of non-payment by the owner thereof of his proportionate share of the expense', for the association. Title to ail common property shall be placed in the Homer Association. or detqnite and acceotahle assurance shall be c~iven that it automatically will be so p/aced within a reaso~able periorl of time. (c.~.) Each lot owner shall have equal voting ric~hts in tile Association ancl shall have the ric~ht to the use and enioyment of the common property. (d) Once established and title to the common land is conveye~i tn the Homes Association, all responsibility for oberation and maintenanc Dedication of all commo~ areas stlall be recorded directly on f!.nai pJat. and/or Oy reference on that otat to a dedicaton ~ ~ee of any ctoud ~ imoIJed pub ic OeO/cat,on. [3~ Grant easement of en~oyment over the area to the lot owner-, -61- [ L L I I Mo Prior to plat approval, the developer shall file a performance bond ~'~th the Town Board to ensure the proper installation Of all reclu~red bond to ensure the pror)er maintenance of ull common lands until the Homes Association is established al~d title to the common lands conveyed to the Homes Association. The amount ancl terms of said bonds, and the form, sufficiency, manner of execution and sufficiency of the surety sllall be approved by (.he Town Board anc~ the Town Attorney. The certificate of incorporation of the or?anization and its by-laws shall contain the followin? provisions and notice of said provisions · shall be specifically ?lven in any brochure or prospectus issued by the developer, namely: (1) That such organization is established to own and maintain common open space or common elements and that i~ such or~amzation. or any successor or~antzation, shall at any time a~ter title to such common land anti other common elements is conveyed to it shall fall to maintain the common open space and other commo~l elements in reasonaPle order and condition in accordance with the plan proposed, the Town 8pard may cause a written notic~ to be servec~ by certified mail upon such orc. lanization, at address as shown uOon the last completed town assessment roll, subdivision at their address as sho;.vn upon the last completed assessment roll, which such notice shall set forth (al the .contrition; (b) a demand that sucr) deficiencies ~n maintenance shall be remedied within thirty (30) days from the c~ate of sucrt nouce: (c} that upon the faHL~re to remedy such default in maintenance, within the time soec;~ied, that the Town Board will hold a hear~no ut)on the matter upon not less than five ($) days' not,ce in writi'ncl.'sent by certifierJ mail to such oroan~zatlon or to such lot owners; (al that alter such hear~nc~, the Town Board may take such action as it deems appropriate to provid~ for the proper malntenallce at such common open space and common elements, and that any an~l all costs and expenses incurred by the Town for such purposes may be assessec~ u,o.on all of the lots in such suPdiws~on and be cotlectec~ ~n the ~ame manner and at the same time as real property (axes are collected in the Town of $outhold. The Town Board. in order to insure that the open space will be used -62- Chapter I00 is amended by arJdincj a new Article thereto, to bu Article XIX, to provide as follows: ARTICLE XlX Parkinc~ and Loading Area .Section 100-190. Purpose. Regulations for off-street ~arkin~l and truck Ioadinc~ areas are imposed in order [o mi_.~nimize traffic con eo~tion, air ~, the risk of motor vehicle and ~edestrian accidents, and to address aesthetic considerations. Section 100-191. Off-street parking areas. Off-street [~arkin~ spaces, open or enc osed, are permitted accessory to an es which do not fall within the catec~ories listec~ below shall ge determined b~ the Plannin~ Roard upon consideratzon of all factors enteri,~ nar waive all or a portion of these reflu rements w'thln the Hamlet 8us ne°~a.r'~ District where it shall find that municipal parkinc~ facilities within three hundreH (300) feet of the proposed use will aclefluately serve tile preoosed use. -63- / L TYPE OF USE Accessory apartment in existinq one- family dweliinq Antique shoo, auction c~aller¥, arts and traits shop and workshop Apartment over store Auditorium. meetinc~ hail Automobile laundry Bank Beach c~ub or swim c~ub Bed and breakfast enterprise Boarding house, tourist house Boat and marine enqine reoair and Boatyard, includin~ boat sales and rentals Bowling Lane Building, electrical or plumbing. Cold storage plant College Con ferenoe facilities Drinking establishments and retail ~ale ol finfish ~'~'/~r ~;hell fish. Foo_d processinc~l and packaging, fish processing REQUIRED NUMBER OF PARKINC SPACES One per accessory apartment in addition to two for one family dwetlinc}. One per 250 scluare feet of sales area. One per a~artment in addition to business requirements, One per 50 saua~e feet of seatin~ area, but not less than one per four seats where providec~. One per employee plus a ten space queuin~ line area for each laundry bay. Ten spaces or one space for each I00 square teat of gross floor area or three spaces per toiler, whichever is greatest plus a five, space queuing area for each drive-in teller, Two spaces per three members. One space per guest room in addition to residential requirements. One space Der c~uest room in addition to residential requirement s. One space per 250 square feet of gross floor area. Sales and rental portion, three spaces, in adqition to marina rec~u~rements. At Feast four spaces perla.ne. One space for each employee plus two sOaces. Three spaces or one per 800 sc~uare feet of gross Hoar area. .$ spaces per student plus . 7S space per staff me,mber. One space per four seats in the largest assembly is greater. ~00 squa?e eat of 9ross floor area. w[T'~Jlever -6q- Fraternal or social office or meetJnq hall Funeral home Gasoline service station, partial seJ f-service Gasoline service station with minor indoor repair facility Greenhouse, floral shop, flower sho~, nursery, or 'similar facilities either enclosecl or unenclosed. Home occupation, includinc~ home professional office, excent physician or dentist H,.ospital Hotel, motel, resort and transient Inservice training facilities for employees Laundry plant, dry cleaning plant Laundromat Library, museum, art cjallery Light industrial uses Maricul t ure/acluacul ture business Marina Membership club. country club; c~olf club or cjolf course public, tennis club Motor vehicle, mobile home sales room Multiple dweilinc~. (three or more -65- See office. One space for each three seats provided herein or one space For each lO0 sc~uare teet of space available for public use, wh chever .s cjreater with a minimum of 2~'~paces. Three sbace queuinc, i area for each pump ~lus one space for each employee. Same as c.~asoline service station above plus ~wo for each bay. One space per embloyee plus 'three space~ or one space per 200 square feet of sales and/or display area whichever is greater. Three spaces per home occupation plus two ~aces requireO /or sin,tile family residence. One space for each bed. One space for each ,~uest room and one for each employee or one space per cjuest room. whichever is c. lreater, plus accessor,r, u~e par~inc~ as recluired. See conference facilities. One per employee plus one per 200 square feet o~* customer service area. · 75 per washinc~ machine. See auditorium. One O~r employee or one per S00 souar*, See light industrial. One space per boat slip, moorinq, dock space or similar unit of capacity, plus ~ace oer employee. tions (such as Iockersl, whichever ~s ~lus one for each empioye.. One per each 6~0 square feu~ of showroom and sales lot area ?us one uer Studio T'~'i;:U room Nursincj home. proprietary rest home Office: business cJovernmental and professional except physicians or dentists. L- Office: for physician or dentist One-family detached dwelllnc~ Personal service shoD: barbershop. beauty parlor Philanthropic. eleemosynary or religious institution Place of worship Printing or Dubllshln~ plant Professional studio, travel a~enc¥ Recreational facility, fully enclosed. commerc=al Repair 9arage Repair shoo for household, business. or personal aoptiances Research desi.~n or devetooment laOoratory or fast food Restaurant (except drive-inl Retail sale or rental of flshincl divinc~ Retail shoo or store (other than [hose Roadside farm stand School, elementary School secondary Shoo for custom work a.nd for making articles to be sold at retail on the One for each bed. One per 100 sc~uare feet of office floor area. Five spaces per physician or dentist. Two spaces per dwelling. 2.S spaces per service chair. One space per bed. See auditorium, See light industrial. See office. One space for each 300 square feet of gross floor area exceot: court sports--five spaces per court--and rink soorts--one space per 200 square feet of rink area. Four spaces oar bay plus one space per emoioyee. One soace, per 200 square feet of customer service area. See licjht industrial. is greater. One space Der three seats or one space per 100 squa~ teat ot floor soace, wt,/c/lever sDaces in addition to primary use. At least one per 200 squa,'e feet of gross floor area. Minimum of four sl)aces per stand. Two soaces Der classroom plus auditorium ;s greater. -66- $ toratle yard Theater or cinema, other than outdoor Tourist camp Two-family detached dweUinq Veterinarian and animal hospital Warehouse or storaqe buildinq Wholesale business, includinq lumber W. holesale/retail nursery and/or sale oi~ plants Yacht club - 67- .One space per employee plus four space~ or one space for each $,000 square feet ~l~ stora(~e area, whichever is ~reater. See auditorium. One space for eactl accommodation plus on*, space for each employee plus three space~ for visitors. See multiple dwellinq unit. Three spaces ~3er dwellin.d. Two spaces pet' emoloyee or one space per 200 tee[ oi; ?ross floor'area, whicJlever is One per 1,000 square feet of (~ross floor ~ne per t,0a0 square feet of qross floor area. · One soace per 150 square feet of ~ross floor area, One sbace for each 200 square feet of cJrosr floor area for retail use or one soace for each emoloyee plus trtree spaces for wholesale, i_ [ L L L Co Ed Areas computed as parking spaces. Areas which may be computed as open or encloserj off-street parking spaces inclurje any private garage, ca~'port or other area available for parkinc), other than a street or a rjriveway. However. a driveway within a require~ front ~ard for a mle-famil~ or two-family residence may count as one parkinc~ space. Size of spaces. Three hundred and )fifty (350) sc~uare feet shall be considered one parking space (to provide room for standinc~ area and aisles for maneuverinc~). Aisles between rows of parking spaces silall ~'~ot less than twenty-two (22) feet. wide. unless rerjucerj for sixty (60) dec. lree angle parking, in which case the aisle space snoulrj be not less than sixteen (16) feet w~de. Entrance and exit lanes shall not be combuterj as parkinc. I space except for driveways for one- family and two-family residences. The m nimum parking stall width shall b~, nme (g! feet anrj the minimum length shall be n~neteen (19) feet. Access. Unobstructed access to and from a street shall be provided. Such access snail consist of at least one (I) fifteen (15) foot lane for parking area,~ with more than four (~) spaces dui less than twenty (20) spaces, anrj at least two (2) ten (10) foot lanes for parkm? areas with twenty (201 spaces or more, No entrance or exit for any off-street parkinrj area snail be Ioca'ted within fifty (501 feet of any street intersection, nor exceed a grade of six (6) percent within twenty-five (25) feet of any street line nor ten (10) percent at any other bo~nt. All points of ingress or ec~ress shall be appropriately slc~nerj. unless such signing is considerecl unnecessary by the Planninc~ 13pard. Ora)nape and surfacing. All oben parking areas shall be property drained within the premises and all such areas shall be provided with a rjustles~ sur~'ace, except for park~nc} spaces accessory to a one-family or two-family residence. C,,rbs. paving, sidewalks and drainage facilitie~ snail comply with stanoarc~s established in Town oroinances, reoulations or specifications ~nrj snail b, or his agent. ~mnt facflltles. Rec~u~red park,ng spaces, open or enclosed may be prov c~e~ In spaces des~qned to serve ioinUy two or more estat31ishments, whether or not Ioca~eO on the 'same lot. orovirjed that the number of ~eclu~rerj sbaces in such joint tacH)ties shall be not less than trte total requirerj for all such estaPlisi~ments. G_:. Combined sbaces. When any lot contains two (2} or more uses havin(.l different park~nc) re(3u~rements, the parkinc~ rec~uarements for eaci~ use shall ~oply tn perlorjs when the Other use or uses is not or are not in ol)era'~---'~pfa~)n Boar~ may re~uce he total DarkinQ spaces requirerj for that use with the least Location and ownership. Required accessory parkin~ spaces o~en or enclosed. elsewhere, provideO that ail 5paces therein are located with~ two hundred feet walking Oistance of such lot. In all cases, such parking spaces shall located, and ,n no event shall suc~ ~a~kin~ spaces be Iocate~ ]~] aov residence district or uOon aD,royal by tfle Boar~ o{ Ap~ea ~. ~ch spaces 5hal ~'[~-~ame ownersh~-~h~ use to which [h~ are ti ' uti out the ~xistenc~ of 5U~ use o w~c~¥~ ~ .... · ...... . ............. ¥~u5 dr~l~[~d els~.here (unless municiuall~ own[;~ s~ , i;~ [ Iii z~ in accordance w~th Su~sec~) o{ Section IO0-~['~b~ (;/~;~'d~t'r~i'~d'~[~ ir1 anot~ district tRe~'l~- tu;-Ih~*di~;.;~t' -68- spaces on such a lot may be located without rec)ard to district lines, provided that no such parkin~ spaces shall be Jocated in any residence district unle~,-, the use to which they are accessory, is permitted in su'~h district or upon approval of the Board of Appeals. Parkinc. i rec~ulations in multiD/e-dwellin~ or attached-dwellin~ Wherever space is provided for the parkifl~ of five or more vehicle. i~the open, such 5paces sAall be individually identified by mean-. o~ pavement markings. No parkin~ s~ce shall be located in an~ front ~ard nor within f'eet of an~ Io~ line in s~de or rear The parkin~ o~ motor vehicles is prohibited within fifteen {IS1 feel ot an~ wail or portion [~er~ oi a two or more famil~ dwe inq, which a sitl height o~ less than eiqht [81 feet adore the level ot :~e said ~rkin~ space. (q~] No service o( an~ kind shall be permitted to be extended to users of the lot. includin~ automoOile serv ce. ~epair or fueling, and ~asmine. od. ~rease or other suooties shall be store~ or sol~ in any such lot or in anv ~ara~e on suc'h ~rkin~ areas shall be screened b~ a substantial wall, fence o~ thicl: ~al~ not Oe less tha ' ( height, n tou~ (q) feet nor more than espn((8) feet ~n R~uiations for ~arkin~ spaces adjacent to lots in any residence district. (I.) ~,hereve~ a ~arking area of over five spaces a~uts or is within fiftee.~ suOstantlai wall: /enc~ or thick he~qe, approved b~ th~ Plann~nH Whenever a parkln~ area of over five (5] sDaceq is located acro~ no such screemn~ ~hat[ ~e ess than four (q) fee~ no~ more street shall be'landscaped in ha~monv with t~e lan~sca~n~ 'on nei~hbortn~ ~;'o~ertJes trontin~ on ~e same street. Two (2) identification anG airectiona[ ~n~ located on t~e slreet s~de of such screen~n~ shu~l be permltteG; however, (he~ s~all not eX~eeo an area Of three (3) square feet each. ~. ~o driveway shall provide access to a lot ~ocatud in N. Traffic storage. All uses shall provide sufficient space on the same lot so that any storac~e lanes for traffic will be ~rovided for a~ad will not obstruct traffic or utilize public ri?hts-of-way. O._.:.. Illumination. Off-street parking areas should be adec~uately illuminated for convenience and safety, but no lightin~ for parkinc. I areas shall cauge ~lare on adioinin~ properties. P...~. Connections between abuttin~ parkin~l areas. Where appropriate, the Plannin~ Board may rec~uire paved connections between abuttin9 parkin~l areas in ~Jifferent ~wnerships, so as to facilitate the flow of trai~fic. Supplemental regulations for private c~ara~es and off-street parkinc) area~ in residence districts. (1.) Commercial vehicles. (a_L.) One commercial vehicle not exceedinc~ twenty-five (251 feet in I~n~lth may be parked on an occupied lot in any residence aistrict, but not within the required yard,~ of such lot and in no case between the street line or side linesandthe pr~nc~bal bulldin9. [b.) One commercial vehicle not exceedin~ twenty-five (25) feet n length may De parked w~thin a private c~aracJe in any residents. distr~ct. (cL.) Commercial farm vehictes are permitted as accessory to a commercial farm use in any res.qence district. Trailers and recreation vehicles. The storage or parkin~ and u~'e of a travel trader or a recreation vehicle p¥ any person or person~ except as here~naiter prowded, is prohibited in all residential ~istriCtSo except that: a.) The keer~inc} or storing of one camp-type travel trailer or recreation vehicle is permitted on a premises, if it is either owned or ran(ed by the occupants of such premises and is not kept for purposes of sale or rentat and is used so~el¥ for the personal use of sucn occupants. Suc~ camb-,type travel trader at any time, and shall be secured ~n place in the r~ar yard not nearer than fifteen (15) feet to a slcie or rear lot line or to tt~ street, and the doors thereof shall be kept securely locked bi Such vehicle may not be parked within ten (101 feet of a o,~ or two ~'amilv dweflin9 or fifteen (IS) feet ~f a multiple dwellinc~. Boats. One boat may be parked in the rear yard of any occupied lot not nearer than fifteen {15) teat to a rear or S~oe li~e or to any -70- .Section 100-192. Off-street loading areas. Off-street loading berths, open or enclosed, are permitted accessory to an uae (except one or two tamd~ residencesl, subiect to the following [~rovis~r : A. Uses for which required. Accessory off-street Ioadind berths shall b~ ~_rovided for any use specified betow. An~ land whic~ is deveioDed as a unit under sin~ e ownersnio and control shall be consider ' f.or the purpose of such loading requirements, ed a sm?e lot - (1.) For a bublic library, mu,seum or~imilar quasi-oublic institutio., ~overnmental building, communit.~ center, hospital or sanitarium.,, nursing or convalescent home, institution for children of the ageH or school, w~th a floor area ot five thousand {S.000~ to twenty-fir thousand 125,000) square feet. one(I) berth; for each aobitionai twenty-five thousand 25 000} square feet or fraction thereof, on. (' add tionat berth. ( 2._~ For buildings with professional, c~overnmental or business office- or laboratory estaolisnments, w th a floor area of five thousand to twenty-five thousand 25 000! square feet, one berth; for each0001 a'dditiona twenty-five thousand (25,000) square feet or fraction thereof up to one hundred thousand (100,000) square feet. ont. -~Jditional berth; for each additional fi[t,/ thousancl (50,000i sc~ua'~ (3.) For ~les and service establishments. ~ (25.000) S~et o foot area or For undertakers and funeral homes, one berth for each chapel. For hotets, one berth for each two thousand five hundred (2.5001 square feet o{ floor area. For manufacturing, wholesale and stora,qe uses and for dr¥-cleanin,~ thousand (5, 0001 IO ten ..L.~.?._u_~_a,n,cl (10, OOLU square feet ot 'loot area ~ °"~e=~'~ditional berth lot eac~'~'d~a~ Size of spaces. Each required Ioadino berth sba I be a ' feet wide /ourteen 4 -71- l [ l:1 L L L L C...L Location and access. Unobstructed access at least fifteen (15) feet wide, to and from a street, shall be F~rowt~ud. S[Jch access may be comt~ined with access to a oarkinc~ Jot. All permitted or required loading, berths shall be on the same lot as the use to wtlich they are accessory, except as ~rovided in subsection O below. No entrance or exit for any off-street Ioadinc} area shall be located within fifty (50) feet of any street intersection. No off-streut Ioadinc. I berth shall be Iocatect in any required front yard. D. Joint facilities. Permitted or required Ioadinc. I berths, open or enclosed, may be ~rovided in spaces desJc)ned to serve iointly two (2) or more adjacent establishments, provideq that the number of recruited berths in such oint facilities shall not be less than the total rec~uired for all such fac ties. E. Lots divided by district boundaries. When a ot is ocated partly in one ~ district and pa'rtly in another district, the recjuiations for the distr~ct requ~rinc~ the c~reater numOer of loading berths shall apply to all of the lot. Loadinc. I berths on such lot may not be located in any residence district unless the use to which they are accessory is permitted in such district or u~on the aol~roval of the Boarct of Appeatso -72- 23. Chapter 100 is amended by adding a new Art/cie thereto, to be Article X×, to provide as follows: ARTICLE XX Signs Section 100-200. Purpose. The purpose of this articte is to regulate existing and proposed signs in ord.,' to: Protect property values. 8._:.. Create a more attractive economic and business climate. C. Enhance and protect $outhold~s ph,vsicaI appearance and environment. O__:.. Preserve the historic and architectural heritage of the Town. E. Provide a more enioyable and pleasing community. P. Reduce sign or advertising distraction and obstructions that may contribut, to traYfic accidents. C_..L Reduce hazards that may be caused by signs overhanc~ing or proiectin,I over public ric~hts-of-wa,v. Section 100-201. Permits reouired and administrativ~ procedure. A._:.. The provisions of this article shall appI,v in all districts. R_.~. Except as otherwise pro~'ided in this chaoter siqns shall not hereafte, be erected, structura ,v altered, enlarc)ed, or moved or reconstructed within the Town untess a ~erm~t is obtained from the Buitctin~_ inspector The followinc~ two ooerations shall not be considered cruatinc.~ a new sJc./n Replacin~ coO~. The chan~in~ of the advertisin~ or message on approved s~n w~ich is spec~{icall~ desk,ned for the use ~[ r~placeable . copy. 2. Maintenance. Painting, c~eanin~ and other normal ma nlenance and repair of a 5i~fl or a sl~fl s(ruc{ure, unless a structura Chanoe ~., made or there is a chan~e in me55aqe. ' Application f~r a siqn ~ermit shall be made on a form provid,:d bv · q_:.. Color photo of buildin~l upon which sign is (o ,,recital. -73- L L L 1 ! ! ! 5. Size of si(~n. 6..:.. A description of the construction details of the sit, n, showing the lettering and/or pictorial matter com~osmc, t the si~n; position of lighting or other extraneous devices. 7_:.. Sketches drawn to scale and supborting information indicating Iocat on of siC~no colors, size and types of lettering or other c~rabr~ic rebresentation and materials to be used, electrical or other mechanical ec~uipment0 details of its attachment and hanging. Samples of materials should accompany the application° wt~ere re~[uired by the Buildinc.~ Inspector. The written consent of the owner of the property upon which such 'sign ow s~gns is or are to be erected and maintainea. In ac~clition. such sign application shall be accompanied by a fee as established ~y the Town I~oard of the Town of Southoid. Such other pertinent information as the Building Inspector may reclui,.~ to insure compliance with this Article. The Building Inspector shall review the proposed sign with respect to all quantitative factors. ~ · 8. The Planning Board may approve sic~ns which differ from the quant tativ re~ulrements se~ forth in Chis article, provtc~ed that a findin~ is matte that [a~d slc~n or s~gns conform to the c~eneral deslc~.n pr ncloles o~tlinea action t00-202 hereof, and provic~ed further that no sinn shall wolate the sic~n prohibitions and c~enerat restrictions listed herein. After approval or approval with conditions by the Plannina Board, th~. Building Inspector shall issue,~ permit in accorciance ~sth all aoplica~l. requirement s. ' , F__. No sia. n permit shall be issued prior to payment of a fee of lwentv-fi~. be less than five ($5.00! dollars. Section 100-202. General design ~rincJpJes appJ~Jn~ to signs. Decisions on review of signs shall be ~uided by the ~ollowino Qeneral pr~nc~oles: A_c. Signs should be a subordinate part of the streetscaoe. B_.L Signs should be as smaq as practicable. Signs should be as close to the cl. round as possible, consistent with requireH sa~et,v an~ le~libilit~ considerations. which Jt iS placed. E. Whenever feasible, multiple signs should be combined into one sign to avoirl clutter. FL. A sign should not impair the visual effectiveness of neic~hborincj signs. C, Carish colors and materials should be avoided. ~..~.. Signs which have dark baCk~lround colors and light letters are preferre, I in order to minimize the apparent size of signs within the streetscape. I . Cenerally, signs on the same buildinc. I should be within the same horizontal -- band. and be ot~ a similar height. J. Exceot in carefully designed circumstances, signs should be inte~rateH ~ith fences, wails or buitdinc~s, and not freestanding. Si~n material should be durable, rec[uirinc~ little maintenance: use o£ m.~ter~al such as corrucJated plastic, natural aluminum, buibous plasti, letters, nontextured plastic, and c~lass the should be avoided. Section 100- 203. A. Sign prohibitions and general restrictions. Unless otherwise provided herein, nonaccessory signs, billboards, an, I Flashing signs, includin~ any sign Or device on which the artificial lighi when ~n use are prohibited, Siqns which comdata for attention with, or may be mistaken for, a traffic contuse traffic, or Oe located where, by reason of its position, sbaF , or color, such sign may intertere w th. oos~ruct the v~ew of, or De confuse, l D. Roof signs shall be prohibited. Signs made out of cardboard', paper, canvas or similar impermanent material are prohibited. F. Standard, approved methods of constant illumination shall be on ~rounG s~ns, wall signs, and han~n9 s qns, provided, however, that prevent direct ~tare upon the street or'adjacent property, Signs wi[h visible moving, revolving, or rotatin~ parts are prohibited. H. Except for holiday seasons o~a period ~qd opening, no s~gn or part t~ereo~all r~bbons, streamers. 5Dinners, or othe~ ~mHar moving, R~{~{c~'~ ~ Signs notin~ (hal a propert~ has been sold ar~ orohibil~d. -75- l L J--L' No portable or temporary sign shall be placed on the front face of any building or upon any lot. except as provided in Section 100-205 G herein. No signs other than signs placed by agencies of the government shall b,, erected on any puPlic property, unless consent is first oPtaJned from th~ Planning 8Pard. No sign shall be placed on any private proberty without the consent of the owner thereof. No sic}n shall be placed or painted on any tree or rock. No sic~n shall be placed on any'utility pole except for utility identification or similar purposes. Section 100-20q [.imitation of sign content or copy. Information displayed on signs shall be limited to the name. address, and nature o~' the business and products available or activity for which the buildinc~ or premises is usect. Section 100-205 Regulations regarding specific types of signs. A. Illuminated signs. 1_:.. A siam Illuminated by electrici: from outside or within or e~uioped in any way w~th electric dev~c=5 or appliances shall conform w~trt respect to wiring and. abpiiances to the regulations of the New York State ~3oard of Underwriters and shall bear the stamp of said Board. All w~rin~ shall be setf-~nctose~ in metal raceways. B. Freestanding and c}roun~ signs. Except for required cautiof~ary o~- -- traffiq control siqns, . one freestanciing sign shall be perm~ttec~ for each frontage of a property on a public street or way where a build nQ s se back at least [went~-five (25) feet from the street line. Such s~ns a~e limited to e~ther pole signs w~th no guy w~res or signs permanently al~ixeG o a fence or other wa I separate from the principal building. ~l[~d ~l~nR shall be Iocat~ with~ an~ not overhan~ th~ oroperty line. The Iocatton Each shoppin~ center shall, as a whole, be allowed ~ne (l'ee-standinw dir~or~ si~n on ~he premises ~o~e used for ~he purposes o~ idenli~yinq -76- within the shoppin9 center where the buildin9 or buildin,~ts are setback twenty-five [25) feet from the street line. No advertisin~j of any s~rt shall be allowed on such sign. Said si,~n shall not exceeH fifteen (15) feet in heic. lht, measured from /he top of said si,c}n to th.. ~'ean level of [he c~round surround ng the ~z,pp,~rt o~' said sic~n EacJ~ business estal31ishment namo shall occupy no more than ten (t0i sc~uar~ feet in total area. Said sic~n shall comply with all other applicable ~'~visions of this chapter. 3_:.. A permit issued by the Building Inspector shall be required for each shopping center directory sic~n e-ec:ed or maintained pursuant t .th. is section. The applicatio~ for said permit must contain an architect~ drawing of said directory sic. In as well as a survey indicating th ~imensions of said sign, its location and setbacks. The I~qspector shall refer said applications, drawincj(sl, surve~/(s) other supportincj papers to the Plannincj Board for its approval ~commenda tions. Interior signs. An interior sign, or combination of signs, shall not covE, more than ten (10%) percent of the total cjlass area upon which, or in whicl., it is akfixed, displayed-, or painted. Wall signs. Wall signs shall not proiect more than twelve (12) inches from.th,. wall to w~ich they are affixed. 2. Within any Business District. such signs shall not exceed a heic~ht of three [3) feet, and sna~l not extend hicJher than tl~e too o~ th. parader in case of one story OullOincjs. In the case o£ budc~inqs talle, than'one story, such signs sba not extend above the bottom of th~. sill of the windows of the second story, nor exten(J or Oe placed mor. than fifteen (15) feet above the outsicJe grade. No wall sicln on each frontacje up to a maximum of'sixty (6~) squa~'e feet. 3. Within an industrial district, one Wall sic~n not exceedinc~ thirty (30) In any districts ~:here wall sicjns are permitted, no such sic~n shall cover, wholly or partly, any wall openJnc~, including_..doors, fire which it is attached. All such sit, ns must be safely and adecluatel~, attached to said building wail by means satisfactory to the lauHdin~ Inspector. -77- I I i FL· Historic signs. The Planning Board ma), f nd that a part c ilar sign is a historic sign. In makinc, l such a finding, the P anr~q Board. in consultation with the Historic Landmark's Commission, must find that the proposed sign is of si~n fcanl historic quality in' lei'ms ot age or desi~ by reason a~ historic renovalion ~roi~t. The Board such terms as may be just and proper in ~c usion of. any other signs permi[ted by this chapter. T~porary signs. The erection, installation, or maintenanc~ ~ temDorary signs, as defined harem, is hereOy prohlbite~, exceol that the Buildin~ Inspector may ~rant speciet permission A [emDorar~ si~n announcin~ special events, etc.. not ~ceedin~ twenty-four {2q) square ~eet in area, which ~recte~ by a municipal, charitable, or nonprofit organization Is permitted, for a period not to exceed thirty (301 days. 2. Temoorary interior signs announcln~ special sales or evenl. ~ ~hall ~e permitted in the Hamlet Bus ness an~ General Business {25[) percent o~ the window area to which they are af~ixe, I. anO shall be removeO wi[bin twenty (20) da~s. Section I00-206,. Unsafe, abandoned and unlawful signs. A. The owner of a sion and the owner of the bremises on whi~.h -- ."~ch sign is Iocat~g shall be iointly liable to maintain such sicj,,, including its illumination sources, ~n a neat and orderly conditio.. and good work~ng order at ail times eno to prevent the develooment ~. any rust, corrosion, rottJn~ or other Oeter~oration ~n the ph~sicai appearance or safet~ of such If the Buildin~ Insoector shall find that an~ siqn regulated hereh, is unsafe, insecure'. ~ama~e~, ~eter~ora(e~ or a menace to t~ public or has been erecte~ in v~olat~on of the prows~ons ol this chapter, he shaU ~ive written not.ce ~ certified mad to th owner of the premises on which such s~n is located, as show,. on :~e latest Town assessment roll. Said sion anO all ~urtenances _ ~[ ~.oe~ or erson ~ ( I ~aVS after written no~lflcation from the Building Jnsoector. U~ok the~Hure to ~mol~ with such not.ce w~thin the time soecifJed there~n the incurrea b~ the Town for the removal and storaQe of such ~th the Town Assessors, *dent~f~n~ the ~r'ooert~ ~ec~r may Town. The assessors. ~n the preparation of the next assessment roll. shall assess such amount upon such property. Su, h amount shall be included in the levy against such pro~_shai~j~u e ~ re~l'~rOOerty taxes in the Town 0 S°uth°l~-~-r the ~i~n remove~ b~ the ~uddine Ins~or as he, e~n~e~ ' provlOe~ shall not be permltte~ to redeem such 51~ expenses of removal and storage have been pa~d. C._L If in the determination of the Building Inspector, a sign is an immediat~ peril to persons or property, he may cbuse such si,~n to be remove?t s~mmarily and without notice. The cost of such removal shall be paid by the T~wn and such amount shall be and become a lien upon the premises ~n question and shall be leviecl and collected in the same manner and uno, er the same penalties as an assessment of a put)lit improvement. Section I00-207~ Continuation of existing signs. Notwithstanding any other provisions of this article, any sic~n in existence at the effective date of this articte which does not conform to the prowslon~ of this chapter shall, within three (3i years from such date. be removec~ or macle to conform, unless tis continuance is authorizec~ as a special exception by the I~oarct of Appeals as hereinafter provided. -79- 2q. Chapter 100 is amended by adding a new Article thereto° to be Arti¢l~ XXI, to provide as follows: ARTICLE X×I Landscaping° Screenin~ and Suffer Rec~ulations Section 100-210. Purpose. The foUowinc~ standards are intended to enhance the appearance and natural beauty of' the Town and to protect property values through preservatian and plantin~l of vet)elation, screening, and land$capin,~ material, Specifically, these standards, are intended to enhance the appearance of ma or travel corridors and business areas; to reduce excessive heat, ~I are, and accumulation of dust: to provide privacy from noise and visual intrusion; ancl to prevent the erosion of the soil, excessive run-off of drainac~e water, and the conseauent depletion of the c~round water ladle and the pollution of water bodies. Section 100-211. General rec~uirements. The followin~ provisions shall apply to any use in all zoninc~ districts: A._:.. Landscaoincj, trees, and plants recruited by these rec~ulations shall b~ planted in a c~row~n~ conctition accordin(~ to accepted ~horticultural pract ce':. and they shall be maintained in a healthy ~rowinc,,1 condition, Any landsc, aoinc~, trees, and plants which, are fna condition that does not fulfill the intent of these rec~luiations shall be replaced by the property owner clurinc~l the next ~lantlnc~ season for the ~articular plant material. A screenin~ fence or wall reduired by these rec~ulations shall be ma ntained Boarcl, Planninc~ Board or Zoning Board of Appeals o~ any (~rant ~nterest or ass~c~nees. (2.__) ;'/hen it is determined by the Ptannin~ Roard that any land is not In the event that the owner of record does not comply with the notic~ within thirty {30) days pi the date of said maHin~, the BuHdinq Inspector may take the appropriate action to erect, replace, repair or maintain fences, trees, plantinc~s, shrubbery or other screenmC. I ~o~n Boar~. The Town ~oard shall, b~ ~esolution. i~truct ~ Town C~erk to publish a public notice that'a ~l~drin~ be held for the purpose pi ~adin~ [o ~a~en[~"~l~e' descr~be~ lot or parcel the costs ~ncurrea an~ hal h~ar~n~, he Town Boar~ w~ll hear an~ consad~ny be less than [eh (lQ) da~s before the t~me spec~ti~o~uch hear~nq. ~"Town ~oard, a~ter public hea~.m~, may then cause such to become a lien and ma~ direct ~he Town AsseSso~to p~e it on the assessmenl roll. -80- C_.:.. All landscaping, trees, and plant n9 material adlacent to parkin9 are~.., loading areas, or driveways, shall be prooerl¥ protected from vehicula, da, mapo by barriers, curbs, or other means. D. 'rD the extent possible, existing trees, vegetation, and unique site feature such as stone wails, shall be retained and protected. Existing heaith,~,, mature trees, if properl~ located, shal be fully credited a~;ainst th requ foments of these regulations. E. Where lot size and shape or existing structures do not make it feasibh. to comply with the rec~uirements for a front landscaped area or landscap~,l parking area, the Planning Board may approve planters, plant boxes o.' pots containing trees, shrubs, and/or flowers to comply with the inter, t of these regulations. In cases where the edqe of the pavement with r~ a publ c right-of-wa~/ does not coincide w th the front lot line. the property owner shall landsca~ the area between the front tot line and the edge of the street pavement.. Section 100-212. Front landscaped area. A front landscaped area shall be required for all uses in all zoning district-, The re~uired landscaped area shall be covered with grass or other c~rounCl cover and shall inciuqe appropriate trees and Shrubs. As a mtn/mum, in all rom view. ' Residential Districts. In all residential districts. ~'equired front yards, except for the driveway, snail be lanciscaOed w~tt~ brass or other su~tat~le ~round cover, trees, and/or s rubs. ' Non-Residential Oistricts. In all non-residential dis~ricts, there srtail be a lanc~scaoecl strip in the front ~ard area: ~n the Limited Bus~nes. · General Business, anc~ Liqht [nc~ustriallOffice Park anci LJqht Inaustrial Distr~cts. the strip shall be twenty-five (25) feet and in tl~o Section 100-213. Transition buffer area. ~ the transition buffer area is to'provide riva ~ resiclentlal district. Uttln~ Such buffer area shall comgt¥ with at least the followin9 minimum s~andards: prooert¥ B_.~. The minimum width of buffer areas shall be as follows: J 1.) Hamlet ~usiness District 15' feet (2.) Marine [3usiness District 20 feet ( JJ Limited Business Oistrict. 20 -81- L L ~1_.L General Business Districts 25 feet 5. Industrial Districts ~ 30 feet 6. Any district other than residential district ad~oininq land owned or maintained by New York State, Suffolk County. or $outhoid Town with current or potential u~e as park land. 25 feet C. The buffer area shall be of evergreen plantinc~ of such type. height, spat/r, and arranc~ement as, in the iudgment or the Planning Board, will effectively screen the activity on the lot from the neighboring residential area. As minimum, the plantinc. I shall consist of a double row of trees six (6) feet height planted at intervals of ten (10) feet on center. Non-everc~reen plant/nd may bo included to supplement evergreen planting° but not to take its place D. A landscaped earthen berm, wall, or fence of location height, des an. ami materials a~ioved by the Planning Board may be accepted for any ~ortio,. of, the required planting and/or buffer area. ~ · Where the existing toboqraphy and/or landsca~oinc~ provides adec~uate screeniml, the Planning 8bard may accept the ex*sting planting and/or t)uff~r area a- the required planting. S..ection t00-21q. Landscaped parking area.- In addition to the front landscaped area and buffer ares ragu/foments, parkin, i areas slnatl compl~ with the following minimum standards: A~ All uses re~ulred to provide twenty (20) or more off--street parkino soace ,?,hall have at least ten (10) square teat bt interior landscaolng w~tt~m 'th p. aved portion of the parking area for eac~ park ng space and at least or.. {'1) tree w/th a two (21 inch caliber for every ten 10) Dark/no soaces o.' fraction thereof. ' - , Each seoarate landscaoed area shall contain a minimum of one hundred (1001 square feet. shall have a mm/mum dimension of at least eioht (8) feet, shall be ~lanted with grass or shrubs, and shall include at lea~'t one (1) tree of not less than two (2! inch caliber. B. A lan~lsca.oed area shall be provided alonq the perimeter of any oarkino are except that portion of the part(lng area w~ich ~rov c~es access't~a sire'et or parking /acdity on an adiacent lot. Accessways to eclacent lots snail ~xceed twenty-four (2ql feet in w dth and shall not exceed two [2) in numt~er for each puroose. The landscaoec~ area shall have a m~nemum dimension of four (~1 teat. shall he planted, with (~rass or. shrur~s and shall include at least one tree of not less than two (2) inch caliper for every forty (uol feet ;~long the~ per,meter bt the parking area n cases where the parkincj area a'ciioms a public sidewalk, the ~ec~u~red.landscaoed area shall be extenc~mi :o the et/ge of the sidewalk. C. Trees used in parking lots shall include Honey Locust Pine. Oak, or oth~, s~mHar fast~c}row%ng, harcJy varieties, or existing trees where aDproor~ateIv located. .~. ' Section 100-215. Pro.bartles located adlacent to creeks. A. The rear yards of pro,terries located adlacent to creeks shall include natural twenl[y (20} feet inland from tyre mean hioh water line elevath~n or wetland sired shall not be fertllized.?r chemically treated. -82- 25. Chapter 100 is amended by adding a new Article thereto, to be Article XXIII, to provide as follows: Section 100- 230. ARTICLE XXIII Supplementary Regulations Exceptions and modifications. Established front yard setback. Where property n the vicinity is improved ~vith principal buildings with front yards of less than that required by th provisions of this chapter, the front yard setback shall be the averagp s..ett~ac~ of the existin~ builQin~within three hundred (300} f~t of the proposed buildin~ on the same side of the street within the same us~ Exceptions to lot deoth r~uirements. The minimum lot depth at any point ~'Y~~"L';L~um re u,rement Exceptions to yard requirements. (2. ] Entries~ ~r~f~-~er but unenclosed ro'~tion in h (3. ] ~ct, chimne~ on residential, ublic ~va~eo no,art ~ Height exceptions. The height limitations of this ordinance shall not {1. ) Spires. belfries, cupolas and domes not for human occuoancy; ' ~hel h~tha( ~ more th~went~ (2011 percent o~ lhe aorlzon~al ar~a oi'thp roof, and are s~~;h;';;~;of the -83- [ J Ed 3. All mechanical equipment necessary to operate building services, -- ~hich equipment is located on the roof of a structure, shall be screened ~n a manner approved by the Planninc~ Doard. Retail sales in Residential Districts. iNn°twiths~tandin~, any other provision of this Chapter, ~11 prem ses Iocat~ any ~es~qentmal D~strict and upon which retail sales are conducted sha be suOiect to site plan approval by he Plann ncj Board, pursuant to ti-., E)rovisions of Article XXV. Section )00~231. Heicjht of fences, walls and heal.gas. Fences. walls, hedges or other live pantinc~s within five (5) feet of the orooert¥ lines may be erected and maintained, su~iect to the followinc~ height limit'ati~ns: A. When located in the front yard along the front ~ot line. the sa .~ -- shall not exceed four (zH teat in heic~ht. B. When located alon~m side and rear yards, the same shall not exceed six and ~e-half (6½) feet in heic. lt~t. C._L. When located other than in the front yard area or along side or rear lot lines, the same shall not e.xceed eight (8) feet in height. Section 100-232. Corner lots. A. ' On a corner lot. front yards are r~uired on both street frontages, and one ~ar~ other than the front yar~ shall be deemed to ~e a rea;yard, and the other or others side yards. On all cor~er lots. harms, walls, fences, and hedges or any other potential oOstruct~on to v~sion shall not excee~ a heizer'of two an~ one-half (2~) feet adore [~e average street level within an isosceles triangle hay,.9 :~irty (30~ f~t sides aion~ each street to preserve sight Hoes for ratfic. S~tion 100-233. Buildtn~ length and seoaration for buildings containinQ multiole ~etlin~s. . A. No buildin~ shall exceed one hundred twenty-five (125~ feet in ten,th. B. The.minimum distance between ~rincipal buildings sh~Jl be equal to times the ~ei~t of the hi,nest butl~ hq, and the minimum ~istance Oetwee,, a"principal an~ an accessor~ buil~in~ shatl be twenty (20) S~tion 100-23~. Courts, Inner courts. An inner couKt is. permitted in multi-family dwellin~ development~ if the m~mmum dimension or suc~ cour~ is not less than two-ames the average ~ei~nt o~ ail surroun~in~ walls, but not less than s~xty (~01 feet. The height ' o~ walls surroundin~ an ~nner court shall be measure~ from fimshe~ B. Outer courts. The minimum width of an outer court shall be twenty (20) feet and the depth thereof shall not exceed its wicith. S~:tion I00-235. Access re_quirements. A. Street access. I. No building shall be erected on a lot that does not have direct access 2. All buildings and structures shall be so located as to provide s~Jfe end convenment access for serv cing fire and street parkincj andlor loading, t - -8q- Bo Residential rear or t'lac~ lots and accessways. Any rear tot or flag lot occupied or to he occupied by a one-family dweilin~l shall have accost thereto ~y means of an accessway, havincj a width of not ess than fifteen (1S) feet. serving only such lot. The area ot the accessway shall not he includecl in determining'the area of any lot. The front yard of any lot havinc~ access to a street hy means of an accessway shall be required front yard specified for tho district in which the lot is located and shall be measured from the rear lot line to the front Section 100-236. Open storage. A. No unenclosed storage, except parking of operab e passenger vehicle.- capaOle of passing inspection or recreat on vehicles or boats as set forth n Sec~'~on I~0-'lgl shall be permitted in a rusidcntial district. R. When open storage is permitted in a commercial or industrial district ar a principal or accessory use. the (ollowin~ conGit~ons shall be met: 1~ Storage shall be screened from view by a fence or evergreen screenlnq, Zhe ~es~n anq ideation of wnlc~ s~all ~e a~prove~ the height of the screening. No outdoor storage may be permitte~ within twemy-five ~251 ~eet of a residential ~istrict ~un~ar~. Automobile wrecking yard or [unk~ard is r~uired to provide suitabl~ screenln~ in the form o( fencin~ or heOQes completely aroun~ th8 periphery of the area use~ for such purposes, suD~ect to the approval of t~e Plannin~ ~oar~. Failure [o provide suc~ screenin~ shall ~e~uir. S~tion 100-237. Prohibited uses in all districts. The followin~ uses are prohibited in all districts: Any use which is noxious, offensive or ob~tionable by reason of disturDance, or by ~eason o~ illumination b~ artificial light or lioh~ ~tlection emanates; or which involves any ~an~erious annoyance or ~isturbance to any of the surroun~in~ ~roperti~or to satet~ or ~eneral welfare, exceot where such act~vit~ is licenseO re~uiate~ ~y other ~overnment a~encies. Artificial li~[in~ facilities of an~ kind which create ~lare beyonO lot lines. Junkyard or re{us~dfsOosal si~e, -xc~t a refuse dtsoosal sile -85- L L E. Uses involvin~l primary production of the following products From raw materials: I...:.. Charcoal and fuel briquettes; chemicals: aniline dyes; carbide; caustic soda; cellulose; chlorine; carbon black and bone black; creosote: hydrogen and ox¥c, len; industrial alcohol; nitrates an explosive nature; potash: plastic materials and synthetic res prox¥1in; rayon yarn; hydrochloric, nitric phosphoric picric and sulfuric acids: coal, coke.and tar products, includinc~ gas manufacturin(j; explosives: gelatin, C. llue. and size animal); linoleum (natural or synthetic}; soaps, includin~l fat rendering; starch. F. The foUowincj processes: I. Nltratlnc~l of cotton or of other materials. 2..~. Milllnc] or processing of flour. 3._L. Magnesium foundry. 4. Reduction, refining, smelting and alloying metal or metal ores. .$.~.. Refining secondary aluminum. 6. Refirtinc,~ petroleum products, such as gasoline, kerosene, naohtha, lubricatlnc~ oil. ?. Distillation of wood or bones. 8. Reduction and processin(,~ of wood pulp and fiber, includinCjl paper mill operations. G._:.. Operations involving stockyards, slauc,~hterhouses and slac~ Piles. H__:.. Storac~e of explosives. Storage of petroleum products. Notwithstanding any other provisions, of this cheater, 5tora,~le facilities w~th a total combined capacity of mor~ than Z0,000 gallons, i~cluding all tanks, pipelines, buddinc~s, structure~ storac~e at (~asoline. fuel oil, kerosene, asphalt or other petroleum product% Section T00-238. Provisions for community sewer, water and utility Facilities. Where public sewer and/or public water and/or public or private utility system; are recluired, no bulldinc} or premises to be serviced by such systems snail be used or occupied, nor shall a certificate of occupancy be issue~ with respect to the use and occupancy of such Duilclin~s and/or premiseq unless anci until all such recauired systems and faciliti,es have been constructe~"a-'~ a~e in--~'m:'op~, operating condition and have been approved by ail agencies hav~nc? jurlsdictm,, thereon~. Section 100-239. Lamed ur.der water: filled land. Streams, whether or not so inciicated on the Zoninq ~lao as be~n(~ ~n a ~artlcular Use district, shall be considered as being in the most restricted use district abuttim! thereon, and such zonincj classification shall continue in force regardless of any filling or draining o( such lands. Nothing herein contumed c~nstruecl to permit the filling or dredging of such land.. For the purpo., ~f computinq densit,/ for the development of any ut or lots, no land under water, unless filled pursuant to law, shall be included in computin~l the minim. .... tat area For each dwetling unit permitted under the approoriate zonin~l distri¢l I~' which the property lies. Section 100- 239a Excavations. No excavation ut' any kind shall be permitted except in connection with th~ construction on the same lot of a building for which a bulldinc.) permit h~. been ~d. In the event that ~eration is arrested rior ~n and the bui cllno oer--'~'~ t tn e premises shall  a_tions, and to soil shall · e ~erm~t. Section 100-239b Tourist camps, camp cottages and trailers. A. Permits required. No tourist camp shall be established, maintained or operated in any trailer to be used ar occupiec~ as a place for living, sleemncj or eatJn,f~ authorized by the Town i~oard pursuant to the provisions of Chaut~, 88, Tourist and Trailer Camo. BIZ-. Automobile trailers or house cars. ~ any other ~ this chaoter, a sinole automobile De prescrloed by the Town i~oarQ C. Exemptions. . This sectionshail not be deemed to apply to the tempora~_or seasonal camp of any unit of the 8oy ~counts of America or the Girl~outs of- said organizations, respeotlvety. Section 100-239c Berms A. General (1l All harms shall be constructed so that all sides of the berm shall (2) All berm$ shall be ~ out of clean fill or an eO~ved .... ~,na?~a. a un,(o~ 5ix (6l ~ch la er o~ a roy - 67- L L I I I I L (3} All harms shall be properly vegetated and landscaped, as apDroved by the Planning Board, before any erosion occurs in the topsoil on the berm, or, in the alternative, the berm shall be covered with an approved ground cover until such time the berm can be properly landscaped. Berms shall be constructed only during the period from March l through October 15. (5.~.} No fence or wall shall be constructed on a berm. However, a retaining wall may be placed on the sides of a berm wrtere the Planning Board finds said retaining wall will promote aesthetic considerations and the heicjht of same does not exceed the heic~ht or grade of the berm. (6__~.) The construction of berms and the berm itself shall not interfere (7_.L with natural drainage. The outside toe of the berm shall not be closer than six I$1 feet to any property line. Height. (I.I. The height of a berm shall b~ the vertical distance from the too of the berm to the natural existing cjrade at the base of the berm. {21 In all residence districts, no berm shall have a height c~reater than four (ql feet in the front yarct or six and one half [6,}) feet in a rear or side ~'arcl. (3.~) In all nonresidence districts, no berm shall have a height ~reater than six ancl one half (6,}) feet in a front, rear or s~de yard. Notwithstanding the provisions of Subsection B(1] and (2] of this section, where the proposed berm is along a maior street, as that term is defined in subsection AI06-13 of the Town of $outho~d /~nd Subdivision Regulations, the Ptanninc~ Board may increase the he~Qht Hmitations of this sut~section wP~ere it would be in the .public ;'nterest by limiting adverse impacts from noise or light or t~, promotln~ aesthetic consiclerations, However. ~n no case shall a berm aionc~ a ma~or street exceed ten (10] feet. Permit. (1) ( 21 All harms in excess of four (q) feet in heic~ht, except those required to De constructed in connection w~t;q the Pl'anninCl Board's approval 'of a subc~ivision plat or site .plan, shall require a bulldinc~ permit. All applications fcr a building permit fo~' a berm shall include the fotlow~n9: fa) A detailed gradin? plan of the entire site indicatincl the existing topography ~n contour intervals no greater than five (5] feet and the oroposeci toooc)rapby in contour intervals no ~reater than two (2) feet. The scal& of the gr~lan shal-I be no smaller than one (1) inc~ e~uais twenty (20) feet. (b~ A cross section of the berm indicatinq the t~pe of materials to be used in constructing the berm (i.e., till, toosodl a~d the location og [anOs~o~n~. The scale o~ cross section stlall be no smaller than one (1) ~nc~ e~uals four (q) feet; and lc) A detailed lands~ping plan indicatin~, the Iocatio~, size and quality o~ the specms to be planted. -88- (3) All applications for a buildinc, i permit for a berm shall be referred to the Planning Board for its approval with respect to the comoatibilitv of the berm with the surrounding properties and associated lar~,l uses, drainage considerations, landscaping and aesthetics. Within twenty (20} working days of receipt of a comp ere applicatio,. -- I~' the Planning Board, it shall approve, approve with modification-~ o..r disapprove the application. (Si The Buildtng Inspector shall not issue a permit for a berm until Planning Board approval has been received. Failure o~' the Plannin, Board to act within twenty (20! working days shall be deemec~ a,. ,approval. All provi~ions of this chapter relatinc~ to the buildin~ permits and construction shall apply to buildinc, l permits for berms, ex~'~t provided in this Section. -89- 1 l .[ L L L 26. Chapter tO0 is amended by adding a new Article thereto, to be Article XXIV, to provide as follows: ARTICLE XXlV Nonconforming Uses and Buildings Section 100-2q0. Purpose. The purpose of this article is to reduce or minimize impacts of: uses and .buildings which do not conform to the use or bu k requirements set forth in ~his chapter; all uses and buildincjs that become nonconformincj by reason _o.f any subsequent amendment to this chapter; and all buildings containing nonconforminq uses. Section 100-2~11. Nonconformincl uses. Except as provided hereinafter, nonconforming use of buildinc~s or open land existinc~ on the effective date of this chapter or authorized by a building ~ermit issued prior thereto, regardless of chancre of title, possession, occupancy or right thereof, ma), be continued indefinitely, except that such buildinc/ or use: A. Shall not be enlarged, altered, extended, reconstructed, or restored or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever. B. Shall not be moved to another location where such use would b~ noncon forming. C~ Shall not be changed to another nonconformincj use without approval b~/ the Board of Appeals and then only to a use which, in the opinion ortho said Board, is of the same or of a more restrictive nature. D. Shall not be changed back to a less restrictive use, if changed to a more restrictive nonconforming use. Shall not be re-established if such use has been chancjed to. or replaced by, a conforming use, F. Shall not be repaired or rebuilt unless the use is changed to a conforminc~ use if the nonconforming use is damaged by fire or other causes to the extent of 50% of its fair valu. e, G, Whenever a nonconformincj use o'f a buildinq or premises has been discontinued for a period of more than two (2J years or has been changed to a higher classification or to a conforminc~ use, anythinc.1 in this article to the contrary notwithstanding, the nonconformincj use of such building or premises shah no longer be permitted unless a variance therefor shall have been granted by tt~e Board=of Appeals. Section 100-2q2.. Nonconforminc~ buildinc~s with conformin~ uses. A, Nothing in this articte shall be deemed to prevent the remodelinch reconstruction or enlarc~ement of a nonconforming buildinq con a n nq a contorminc} use provided that: such act[ol] do~s not create any new nonconformance or increase the degree of nonconforma~C~-with regard been damaged by fire or other causes to the extent of more than 50% of its fair value shall' notxbe repaired or unless such building is made substantially o conform to the he cjht and yard requirements of the E~ulk Schedule. 2. Application for a permit to build or restore the da~nac~ed portion -- ~'f an~, buildinc) damac~ed or destroyed as set forth in sut)~=c o B(1) above, sl~all be filed within one year of the date of such damacje, and shall be accompanied by plans for reconstruction Which, as to such portion, shall comply with the requirement-~ set forth above. If such permit is issued, it shall lapse one year thereafter unless reconstruction in accordance with the at,proved plans has been initiated. Section 100-2q3. Nonconforminc. i buildincjs with nonconformincj uses. A_..%. A nonconforminc, i building containing a nonconforming use shall not enlarged, reconstructed or structurally altered or move,J, unless use of such buildincj is chan~-d to a conforming use. B. A nonconformin,cj buildincj containin~l a nonconforminc2 use which ~as been ~ ~Jama~ed by fir~ or other causes to 'the extent of mo-e tha ~ 50'~ of its fair value shall not be repaired or rebuilt untess the use of such buiidinq ~s chan.qed to a conformincj use. Section 100-244. Nonconforming lots. A_~. ~lde minimum Standards ~~o~for~nc~ Local Law. ~ ~ately owned and not adjoinin o~ or land ~ the other a licable rovisions of this' rov[ded 'as~raneedfollows~relief for frone side and rear ~--'~'rddimensiom;, -90(a)- I t ! ! Minimt~n Standards Lot Yard Area Coverage Width Depth Front Side Both Sides Rear 20,000 , 20% 120' 140' 40' 15' 35' 50' to 40,000 {S.F.) less than 20,000 ($.F.) 20% 80' 100' 35' 15' 25' 35' Co In the case of sinqle and separate ownership of a nonconforminq lot located in a subdivision plat, approved after April 9th! 1957~ by the Plannina Board of the Tow. of Southold and filed with the County Clerk of Suffolk Countyr relief for all frontI side and rear yard an,] area dimensions shall be ~ranted to the extent that such frontr side and rear yard and area dimensions were require,] at the time the map was ori9inally filed with the County Clerk of Suffolk County. Section 100-2.15 Repairs and maintenance. Notwithstandin.~l any of the foregoing regulations, nothi,~q in this a~'ticle shall 100-243 herein are not intended to a >[)ly to invJlL,~,6~;;,~b-~T~-i~ 'd~ I I I I I I I 1 27. Chapter 100 is amended by adding a new Article thereto, to be Article XXV, to provide as follows: ARTICLE XXV Site Plan Approval Section 100-250. Purpose. To standardize procedure for review of site plan and requirements for site plan application regardless of district. Section 100-251. Ceneral requirements. No buildinc.1 or structure and no parking lot or outdoor use of land. exceot those used as a one-family or two-family dwelling or for farming purpose~: and their accessor~ uses, including home occupations, shall be used, constructed, enlarqed, or moved until a site plan meetincj all the applicable recluirements of this article has t~een apprc~ed by the Planning Board. In addition, any change in use or intens ty of use which will affect the characteristics of the site in terms of parkinc}, loading, access, drainage and/or utilities or any plan to alter a building in a historic district or with historic landmark designation will require site plan aoproval. Furthermore any use or structure in a flood or erosion hazard aria will renuire site plan approval. In all cases where this chapter requires approval of site development plans by the Planninc~ Board, no Ouiiding permit shall I~e issued by the Building Insoector exceot upon authorization of and in conformity with the site plan approval by th'e Planninc~ Roarcl. Moreover, it ~s the intent that all nroblems arisinc~ within the limits of the juO?ement Oecomes apparent (~ur[ng the oroclress of the worK. the Pl~nninc~ Board throucjh its representative, the R(jiicli"ng Inspector, reserves the r~ nt It is also understood, that the Planning. Board or its representatives shall Section 100-252. Obiectives. In considering and actinc~ upon site develooment plans the Plannina Board neignOorhood in particular, and may orescribe appropriate conditions and to the maximum extent possible, further the expressed intent of this chapter and the accomplishment of the following OhiectiveS in particular: A. Traffic aclcess. That all ~rooosed traffic accessways are adequate but no( excessive in numDer: -aaeauate in width, ~racle, a!ionment and visibility; are located in prooer relationshin with intersect~onR, pedestrian crossincl, s and places of puOlic a~semOl¥ and are in conforman¢~ [3. Interior circulation and parkinc~. That adequate off-street parkinq pedestrian satety. ! -92- C. Landscapinc~ and screeninch That all required recreation, parking, serv.ce and similar areas are screened at all seasong of the year from view of adjacent residential districts and streets, and that the landscapinc~ of the site is in character with that ~eneraily prevailing n neighborhood. Existing trees eight inches or more in diameter measured three feet above the base of the trunk shall be retained tn the maximum extent possible. D. Natural features. Due reqard shall be paid to all natural features o,, and adjacent to the site. including, but not limited to, drainac~e courses. wetlands, marshes, dunes, bluffs, beaches, escarpments, woodland ,. !~rge trees, un qua plant and wildlife hal3itats, flood hazard areas and to protection of qround and surface waters. E. Cultural Features. Due regard shall be paid to all cultural features on and adjacent to the site includinc~, but not limited to, archeoloc~ical and paleontolocjicsl remains, old trails, historic structures and sitn~ and aqricultural fields. F. Pavement. All plazas and other paved areas intended for use bv pedestrians shall make use of such pavements and plant material'. which coutd serve to encourac~e their use by pedestrians durincl all seasons of the year and shall not consist of undue exoanses of pavement. G._.L Lightlnc~. All outdoor li(~htlng shall be of such a nature and so arrange, as to preclude the proiection (~f direct ic~ht and c~lare onto adioinin.~ properties and streets. H. Public address or sound system. Any sound or oublic address syst~,,, shall be such that no sound from system shall be' audible on adioin~n,f prooerties or on the adiacent street. I. Facades. Buildlnc~ facades shall be compatible with surroundinc] area. J_~.. Drainaqe. The drainac~e system and layout prooosal will afford an adeauate solution to an'y drainaqe oro~3/ems ' K. Public utilities. Plans for water supply and sewac~e disposal are adectuat. such that the internal water and sewer systems ar'e adequate and that all wells, sewac~e systems and connections to Tow~ svste'ms are ;,, accordance with Town and County stanc~ards. L. Exlstin~ development and communlt¥ plan That the dove,edmont pror~3sed is at a scale and density consistent w~th ex~stinc~ develooment and with the Master Plan or the Town of qOUthold. Aesthetic considerations. The deslon of all structures shall be comoatibl, with that of surrou~,dinc~ structures'. Comoatibiiity shall de Oetermi'ne, I by a review of prooosed (1) use of materials, (2) scale, [ 3) ma.~,*,, (41 height, {5) ~olor, (6) texture, and /7) location of the structur. or structures on the site. N. Han~ alan and buildincl desi(~n shall the needs ~-~,tR ~ accommodate standards ior construction concern~n~ the O. Energy conservation. The site ptan and buiicLinc~ desitin shall ma~im~, the conservation at ener~y~ Section I00-253. Effect of approval. -- ~'rticie until an approved s te de~-~JoDment plan or a ro~-: of any SUCh plan has been secur~ ~ ~k, ' '- PP d!!lei'ldmeltt L L L I I I I I ! I 8. No certificate of occupancy will be issued for any structure or use of land covered b,v this article unless the structure is completed or the land is developed or used in accordance with an app4-oved site development plan or approved amendment of any such plan. C. Should any site plan approval involve any matter requirinc~ referral to the Suffolk County Plann;ncj Commission, then the matter shall be referred, prior to final action by the Planninc~ 8oard, to the Suffolk .County Planninc~ Commission in accordance with the applicable provisions of law. Section 100-25~1. Procedure. AD Presubmission conference. Prior to the submission of a site develo0ment ~lan, the applicant or his a~;ent shall meet with the Planninc. i Boarr'l he purpose of such conference shall be to discuss proposed uses or development in order to de(ermine which of the site development plan elements shall be submitted to the Planninc~ 8oard in order for said Board to determine conformity with the prov~s~ons and intent of thi,~ .c.l~a p t er. Waiver of recluired information. Uoon findings by the Plannin~ Board that, due to soeciai conclitions peculiar to a site, certain of the information normally required as part of the stte plan is inappropriate or unnecessary, ~' that strict comoliance with said rec~uirements may cause extraordinary and unnecessary hardships, the Board may vary or waive the orov s~on of such information, prowcled that such variance of waiver w ' not havn detrimental effects on the public health, safety or cjeneral welfare, or have the effect of nuilif.vinrj the intent and purpose et the site Dian submission, Offc al MaD, Master Plan, or th s Zen nc~ Code. (See 'followinc~ Section 100-2S5 on Site Plan Elements.) C. Within six [6) months followinc~ the presubmission conference, nine copies, of the site devetooment Dian aoolication and any related ~ntormat~on snail be suom~tted ~o the Plannin~ Board. Within thirty (301 clays of recmot of the application, the Planning Board shall o~terminr, whether said application is complete. If the Pannin.~ Board determines said arjplication to be incomplete it shall forthwith i~otify the aopti~ca-~'~-, whereto said application is deficient. If a site develooment Dian aoptication is not submitted within six (6) months follawmc~ a. presu~mis'sion conference, another conference may be required by the Plan~in~ Boarrj. D. If the PIanninc~ Board determines said application to be comolete, it shall within ten (t0) business da,rs of such determ nat on. ~olicit comments and ~ev~ews from all a,~encleso The Planninc~ Board shall send a coov o! the aoplication to so c t comments and review within thirty (3dl days of t'he date of referral from the Town Trustees. Toy,,, Encjmeer, Suo~rintendent of Hiqhways the Conservation Adv Commisson. Build no, Inspector, Fire District. or other municioal en~:¥ or district potentially affected by the prooosed development placations rot condominium deveiooment shail b~ orwarrJed 'n Suf oik County Plann:ng Commiss on for their review and resoons~ within thirty [30) days of the date of referral. If the County Plannir,,~ Commission makes a nec~ative recommendation, a Town Plann~cl L~oar, t vote of a *nalortt~v plus one is rerjuired. It shall certify to the ]'ow., Clerk that a comolete application' is on file with the Pla~nenc~ Board. E._L. No apphcation shall be deemed comolete until, either a nenative d~claratioH ~:ompiiance with SEQRA JncJudin~'~the preoara.lion of a final env~rm~mental -9#- F. If the P)annin~l 8pard determines that a public hearing is necessary, it shall schedule and hold same. Notice shall be qJven at least five days prior to the dates of such hearinq by publication in the official Town newspaper G. Within forty-five (qS) days of the conclusion of the public hearinr/, or if none was held. within forty-five (q5) days of determininc~ that the application was complete, the Planning Board shall determine whether the site development plan application complies with the purposes and .specifications of this Chapter and shall so inform the Building Inspector and Town Clerk and the applicant, in writing, of its approva . it- approval with modifications to taring about compliance, or disapproval. This forty-five (qS} day period may be extended by the Planninq Board t~pon the written consent of the applicant, or as may be permitted under the State Environmental Quality Review Act as imDlemente~ by Chapter ~# of the Town Code. Failure to act with n said forty-five (q5) day,;, ~hal be deemed to Pe approval. Once approval has been c~ranted by the Planning Board, one translucent linen or mylar and six copies of the approvect plan, on wnicla all contrition. impose~J by the Planning Board as part of ts aoproval have Peen clearly inc~icateci, shall be forwarded to the Chairman 'for his/her endorsement. I. Amendments to a site development plan shall be acted upon in the sam, ~ ~anner as the approval of the original plan. ' J_:.. Approval of a site plan by the Planning Board shall be valid for a perio~l of 365 days for the purpose of oDtainincj a Puilc~inc~ permit. Failur~ to secure a buildin~ permit during this period shal'l cause the site ola,, ~pproval to Pecome null and void. Once a building permit has been ~ssued, an approved site development ptan shall Pe valicJ for a Deriorl of two [2) Years f~'om the date of aooroval {of the Dian). All woric proposecl on the plan shall Pe comolete within two i2) years from the date of approval unless a Ionoer p'eriod was approved or the applicant oPtains an extension from the t°la'nnJnn BoarD. NO buHdino o~r'm~t shall be issued before approval of a site cJ'evetooment plan bas'~een rece~.verl trom the P'lann~ng Uoaro. ' K..~.. No regradin~:j, clearinc~, tree removal or any other work in Dreoaration of future use of a site may take olace until'sste plan aoprovat has been received from the Planning Board. L...~. In the case of a variance aoplicatlon rec~uirinq a site o an aoproval the site develooment plan ~oolication sba be subiect~cJ to ~ preliminary review in accordance with th'e above procecJure before recommendatior, are made by the Plannino 130ard prior t~ action on sa~cJ adp catio~ by the Board of Appeals: Building permits issued 'for va'riances shall be in accordance with the conditions established py the Board of Appeals. A st'atement shall be placed on all site plans aoproved by the Plannin,~ Board to the effect that the owner'(s) ac~ree(s'J to comply w~th the pla,, and all conditions ~oted thereon. The required site ~mprovements (all by cash. performance bond or other acceot.~lal,, -95- ! ! I I I ! The said bond. surety or cash deposit shall be conditioned upon the property owner's or developer's completing the said work enumerated herein and set forth on the approved site plan in a manner satisfactory to the Planning Roard; and upon the proper functioninq of said systems for a period o~ one year from their completion, in default thereof, the said bond or deposit shall be forfeited and the Town shall use the amount thereof to complete any incomplete purtion of the ~aid work or to make sure repairs are undertaken as are necessary to assure proper functionlnc~ of said improvements; provided, however', that if any amount of money remains attar the Town has completed the said work, such excess money Section 100-255. will be returned to the surety or the person puttinc. I up the required deposit. Said surety bond or cash deposit may be reduced by resolution of the Town Board upon the certification of the Town Engineer that one or more particular items required, by the Town Board have been satisfactorily.comptetedo Such reduction shall be in the ratio that the completed item or items bear to the total estimated cost of the required improvements. The installation of all improvements shall be uncter the direct supervision of a New York State reqistered architect or professional enQ. ineer. To obtain a buildinq permit, an applicant shall provide to the Buildincl Inspector proof of Town Board acceptance of quarantee. No part of the cluarantee shall he reteased until ali requirements of site plan approval inct~'c~inc~ the construction of site improvements is completed, inspe;'ted and approved by the Town. The site development improvements shall be fully completed in accordance with the approved plan before any new buiidin~ or structure shown on the approved site plan is occupied or any existinc~ buiiclin~ shown on the approved site plan is occupied with a new use, pursuant to Section 100-28q on Certificates of Occupancy, which indicates that no builcJincj shall be occupied until a certificate of occupancy has been Site plan elements. A. Submission A complete site plan application shall consist of: 1.~. a complete site plan application form, 2. site plan review fee. as sp&cit'ied in sufisection B below. 3. an environmental assessment form. part one, for all Type I actions, Southold Environmental Qualifty Review Law. a. site plan(si. Fee The site plan review and inspection fee is based on the area contained within the slt& plan. Such fee shall De computed on tr~e bas~s o~ $0.05 per square Toot of area within [he s~te plan property limits[ less Ouildinq C. Site Plan .~_ The applicant shall submit a site plan at a minimum scale of one ii,ch equals a0 feet to be prepared by a New York State licensed Architect, CanrJscape Architect. Civil Enei'neer or Surveyor. The site Plan stroll inclucle those of the eternents listed herein wmcr~ are appropriate to the proposed development or uses a~ inclicatecl by the Planmnq Board ~n the presubmission conference. This information, in total, ~hall constitute the site plan. Multiple sheets may be utilized to present the information re~uired. -96- Legal data. Lot, block and section number, if any, of the property taken b_:.. Name and address of the owner of record. Name and address of the person, firm or organization preparing the map, seaJed with the applicable New York State ticens~ seal and signature. . d.~.. Date, North point and written and graphic scale. eL. Property descriotion shall be prepared by a licensed Surveyor or Civil Engineer. The site plan may reference a land surveyor's mad or base reference map. All distances shall be in feet and hundredths of a foot. All angles shall be c~iven to th~ nearest 10 seconds or closer. The error of closure shall not exceed one in 10.000. f. The locations, names and existing widths of adiacent street~. and curOiines. g. A separate map of location and owners of all adjoining lands, of one inch ecluals 100 feet. h. Location, width and purpose of all existing and preoosed easements, setbacks, reservatmns and areas declicated tn public use within or adiommc~ the property. A complete outline of existina, easements, deed restriction~ or covenants ao?¥ing to the property. j. Existing zoning, includincl zone lines and dimensions. Natural features. a. Existing contours with intervals of two feet or less. referred b. Approximate boundaries of an~, areas subiect to flooding or freshwater bodies and wetlanc~s and streams. Location of existJnc] natural ,features enumerated i~ subsectio,. O of Section 100-252, and any other sic]nificant existm.~ natural features such as rock outcroo$ and trees with diameter of eidht inches or ore measured three feet abort, the i~ase et tyre trunk. Location of any exisHncl cultural features enumerated do Existing structures and utilities. a.~. Outlines of all structures and location of all uses not reduir~n,[ Paved area,s including parkincl areas, sidewalks, and vehicula, access between the site and public streets. -97- 1 I ! i i I l l [ L L L L t C...L. Locations, dimensions, grades° and flow direction of any existinc. I culverts, water lines, sewer lines or sewaqe disposal systems, as well as other underclround and above ground utility poles and utility lines within and acC)scent to the property. d,.~. Other existinc.,I development features or strucutres, includin~ fences, landscapin~ and screening. e. The location and use of all buildings and structures within 200 feet of the boundary of the subiect property. Proposed development. a..L. The location of proposed buildinc~s or structural improvements, indicatinc~ setl0act(s from all propert~ lines and horizontal distances from existing structures. b. The location and design of all uses not requlrin~ structures, suctl as off-street parking anti loading areas and peciestrian circulation. The location, direction, power and time of use for any proposed outdoor lic~htinc~ or public acidress systems. The location and plans for any outdoor sit, ns which must be in accordance w~th app ~cat~ e sign rec~u a:~ons. e.~. Paving. curbs, sidewalks, drainac~e structures, fencinc~. ~radinc. I and drainage plans shall be in conformance w~th the ¥own of $outhold highway stanclards. f_.. Cradinc~ and dralnaae plans shall be based upon site rainstorm retentton, in conformance with the Town of $ou~hold hi~hwsv standards, contours and spot grade elevations to t~e provided. 'Landscaoing, bufferinc~ and street tree plans includinrt material size, c~uant~ty and location. A list of ptantinQs shall also De shown, as per the Town of $outhold hi~lqway standards. Location of water and sewer mains, electrical service and caDlevision installations, location of water valves and hydrant and/or any alternate means of water supl~lv and sewage disposal anti treatment. ' ' i. An indication that all storaoe areas for materials, vehicles. L. supplies, proc[ucts, or etc~l~oment shall be located in either a side or r~ar yard and aL such areas are adec~uateJy fenced If the site development plan indicates only a first stsc}e, a supplementary plan may incticate ultimate development. -98- 28. Chapter 100 is amended by adding a new Article thereto, to be Article XXVI, to provide as follows: ARTICLE XXVI Spucial ExcepHon Uses Section 100- 260. P?rpose. Th~ provisions of this article are desi~lned to provide for administrati~ allowable under ~omn~ are nevertheless ~ IJket~ to significantly a/fact the~, surroundings that the~ r~u~re individual rewew to assure compat Dil~ with before Oeln~ permitted to corn= into existence. Similarly, certain authorlze, I s~es ma~ take. on such ~ive~se forms in their actual impl~entation that development rewew, and better enable tocal officials [~a~o~d neoa[i~ Section 100-2&1. Special exception uses. ~here is hereb~ created a cate~or~ of land use approval to be known a~ aoprovai shall ~ve ~een ~rante~ for the use either Dy the Planmn~ a~proval ~f the text o~ this chaDter' or the Use ScheQuie ~ereot ~enot~ An application for a special exceo~ion aoproval shall be on the fo,,,. in tri~ii~te, to~ether '.~ith the fe~ of 575.00. to the ~uH~ing Ins~ecto, this chapter. The Buil~in~ Inspector shall re~ect the applicati~n~?~ ~'the ~oara havin~ ~ur sdictlon :hereoi. s~xty (6~i days follOwln~ the close of th~ -99- C._:.. Effect of approval. A special exception approval issued in accordance with the provisions of this article shall authorize only the special exception use for which the approval is c.~ranted. No use which iR not a special exception use hereunder shall be authorized b'~ any such approval. The approval may include reasonable conditions which the board determines to be necessary or appropriate to insure that the applicable general and specific standards and safec~uards set forth in this chapter for the use can and will. bo met and Jot adhered to. A special exception approval shall be valid for a period of six (6) months, but may be extended for one {1) additional six (6) month period by the i"~$uin~ board without the requirement of new public notice of hearinc~. A continuinc~ or permanent land use authorized by a special exception approval which use is undertaken or he,un durin~7 the period of validity of such approval shall thereafter be deemed q lawful use. as if the same were permitted P¥ this chapter without need for a special exception permit; provided however, that: (1) All conditions imposed by the special exception approval shall continue tn apply, unless by their express terms are of limited duration. (2)All conditions imposed on special exception approval uses c. lenerally er specifically by this chapter shall continue to appty, recjarcUess tho special exception approval. (3.~.1 The board which issues the special exception aF~orova~ shall retain continuinc~ jurisdiction over the same, O._:.. Violations of conditions. A violation of any limitation or condition of a special exception approval, or of any provision of this chapter chapter. The board which approves any soeca exception use sba retain lUrlSdictlon, and shall'h'ave the rirgh~, after a prublic hearincl. to modify, suspend or revoke such approval, or any term or condi'tion follow incj cjrouncts: False statements or mistake of material fact. Materially false or ' FF- t~ng papers or supportincj testimony, or ~cjnorance or mmsunderstanding of 1 mater~al fact t~y the board, which fact. hact it been_-known to thc, of the approval souc~ht. (2) Non-compliance with the terms and conditions of such approval. Fadure ~f the applicant-perm tee to comply with any conditions or terms of the'approval. (3) Activity be'~ond such approval. Exceedinc~ the scope of the activity use or pro~t as :he same was ~e~cr[bed in the a~licatlon. Section 100-263. ~Ceneral Standards. No special exception approval shall be qranted unless the board hav nq iurl:~OlCtlon thereol; spec~i'ically tinos and determines the fo'~winr~: A. That the use will not prevent the orderty and reasonab~ use pi adiacent That the safety, the health, the welfare', the comfort, lhe convenience or the order of the Town will not be adversely directed by the propos[.d use and its location. -100- D. That the use will be In harmony with and promote the cjeneral purposes and intent of this chapter, E.~.. That the use will be compatible with its surroundings and with the character of the neic.;hberhood and of the community in cJeneral particularly with regard to v s billy, scale and overaU appearance. F. That all proposed structures, equipment and material shall be readily accessible for fire and pollce protection. Section 100-26~1. Matters to be Considered In makinc~ such determination, consideration shall also be c. li;~en, amonc~ other thinc~s, to: A...:. The character of the existing and probable development om' uses in th, district and the peculiar suitability et such c~istrict for the location om' any of such permitted uses. ;?..~. The conservation of property values and the encourac~ement om' the most appropriate uses of land. C..L. The effect that the location of the proposed use and the location that entrances and exits may have upon the creation or undue mcrease om' ve~ticular traffic conqestion on puhlic streets, hic~hways, or sidewalk. to assure the public safety. The availability of adequate and proper public or private water supply and facilities for the treatment, removal or discr~arge of sewage, fei:us or other effluent (whether lic~uid, solid, ~aseous or otherwiseJ that may I~e caused or created by or as a result of the use. Whether the use or the materials incidental thereto or produced thereby may ~ve elf oDnoxJous gases, octets, smoke or soot. Whether the use will cause disturbing emissions of electrical discharge-,: c~ust, ligr~t, vibration or no,se. Whether the operation in pursuance om' the use will cause undue interferencn with the properly enoyment by tt~e public Of parkin.cj or of recreational facilities, if existincj or ii proposed hy the town or' by other comoetent governmental ac~encies. The necessity for bituminous-~urfaced space' for purposes of elm'-street Ho I_:.. Whether a hazard to life, limb or pro~erty because om' fire. flood, erosio,. or panic may be created by reason et or as a resu t of the use. or ~,, and other emerc~ency aoparatus, or by the undue concentration or assemblac.~. overcrowding Pi land or unoue concentration ~l~r~- ..... -101- l I I [ I I I I L L L L M__L Whether the site of the proposed use is particularly suitable for such use. N. Whether adequate buffer yards and screeninc~ can and will be provided to protect adiacent prol~erties and land uses from possible detrimental impacts of the proposed use. O. Whether adequate provision can and will be made t'or the collection and disposal of storm water runoff, sewac~e, refuse, and other liquid, solid or c~aseous waste which the proposed use will generate. P: Whether the natural characteristics of the site are such that the proposed use may be introduced there without undue disturbance or cl srupt on of mportant natural features, systems or processes, and without risk of pollution to c~roundwater and surface waters on and off the site, Section 100-26S. Additional conditions and safec~uards. in decidinc~ on an~_ application for a special exception use. the board havinc1 iurisdiction thereof may impose such conditions and safec, luarcls as it deem~ necesaar~ or ap~iupr~ate to preserve and protect the spirit and the ot~iective~- of this chapter. -102- 29. Article Xll0 as renumber.ed Article XXVll is hereby amended to read as follows; ARTICLE [XIII XXVII Board of Appeals Section [100-120] 100-270. Appointment; membership. The Town Board shall appoint a Board of Appeals consisting of five [5) members, as provided by Town Law. Section [100-1211 100-271, Powe~'s and duties. In addition to such powers as may be conferred upon it by law, the Board of Appeals shall have the following powers: Aa Appeals. To hear and decide appeals from and review any order, requirement, decision or determination made by the Building Inspector. B. Variances. Where there are practical difficulties or unnecessat'y hardships in the way of carrying out the strict tatter of these regulations, the Board of Appeals shall have the power to vary or modify the application of such regulations so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. C. Special exceptions, special permits and other approvals. Whenever a use or the location thereof is permitted only if the Board of Appeals shall approve thereof, the Board o( Appeals may, in a specific case and after notice dod public hearing, authorize such permitted use and J{s location within the district in which this chapter specifies the permitted use may be located. [subiect, however, to the following: (1) Before such approval shah be given, the Board of Appeals shall determine: [a) That the use will not prevent the orderly and reasonable use of adjacent properties or o( properties in adiacent use districts. (bi That the use will dot pre'vent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located, or of permitted or legally establishecl uses in adiacent us~ districts. (c] That the safety,'the health, the welfare, the comfort, the convenience or the order of the town will not be adversely affected by the proposed use and its location. (d) That the use will be in harmony with and promote the general purposes and intent of this chapter. In making such determination, the Board of Appeals shall also give consideration, among other things, tO: {al The character of ~lhe existing and probable de'~elopment uses in the district and the peculiar suitability o( such district for the location of any of sucil permitted uses. (bi The conservation of property values and the encouragement of the most appropriate uses of land. The effect that the location of the proposed use ~nay have upon the creation or undue i~crease of vehicular ira/fie congestion on public streets or highways: -I03- I I I ! 1 l !-. L L L f I t (d) (el (f) (9] (hi The availability of adequate and proper public or private water supply and facilities for' the treatment, removal or discharge of sewage, refuse or other effluent (whether liquid, solid, gaseous or otherwise) that may be caused or created by or as a result of the uae. Whether the use or the materials incidental thereto or produced thereby may give off obnoxious gases, odors, smoke or soot. Whether the use will cause disturbing emissions of electrical discharges, dust, light, vibration or noise. Whether the operation in pursuance of the use will cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, if existing or if proposed by the town or by other competent governmental agencies. The necessity for bituminous-surfaced space for purposes of off-street parking of vehicles incidental to the use, and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be located. (ii 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 to be used therefor, or by the inaccessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus, or by the undue concentration or assemblage of persons upon such plot. Whether the use or the structures to be used therefor will cause an overcrowding of [and or undue concentration of popuiation. {k) Whether the plot area is sufficient, appropriate and adequate for the use and the-reasonably anticipated operation and expansion thereof. [I) Whether the use to be operated is reasonably near to a church, school, theater, recreational area or other place of public assembly. J O. Interpretations. On appeal from an order, decision.or determination of an administrative officer, or on request of any town officer, board or agency, to decide any of the following: [1) Determine the meaning of any provision in this chapter or of any condition or requirement specified or made under the provisions of this chapter. (2) Determine the exact location of any district boundary, shown on the Building Zone Map. Suctiun J I00 1221 I00 272. Additional conditions and.~afeguards. conditiomts and safeguards as it deems necessary or appropriate to preserve and protect the spirit and the objectives of this chapter. -10q- Section [100-123] 100-273. Rules of conduct and procedure. The Board of Appeals shall0 consistent with the law, determine its own rules of conduct and procedure. Section [100-12ql 100-27q. Fees All applications to the Board of Appeals for any relief herein shall be accompanied by a fee o~' 'one hundred fifty dollars ($150.~. . Section [100-1251 100-275. Notice of hearing. in all cases where the Board of Appeals Is required to hold a public hearing, in addition to the notice of such hearing required by law, a written notice containing the following information shall be sent by the person patl~.ioning such Board, or his agent, by either certified or registered mail, to every owner et' property Immediately adiacent thereto. In the event that any petitioner owns or has any interest in any property immeqiately adiacent to the property which is the subject of such petition, then written notice shall also be given to the owners of the property actiacant to such oth~r property of the petitioner. For the purpose.of this Section° the words "owner" or "property owner" mean the owner as shown on the current assessment roll of the Town of Southold. The notice required by this section shall be mailed by the petitioner, or his agent, within f~ive (5} days preceding the filing of ' the petition Jn the Town Clerk~s office. Proof of mailing of such not~ces in the form of a sworn statement shall be filed with the Town Clerk at the time of filing of the petition. Such notice shall contain the following information. (1} A statement that the petitioner proposes to apply to the Board of Appeals of the Town of Southold for a variance, special exception. special permit or other specified relief, aa the case may (2) A description sufficient to identify the property which is the subiect of the petition.. (3) The zone district clas$ificatio~ of such property. (q)' A detailed statement of the relief sought by the petitioner. tS} The provisions of the zoning law applicable to the relief sought by the petitioner. (~} A statement'that within' five (S} days such petition will be filed in the Southolq Town Clerk*s office.. Main Road, Southotd. New York. and may then be examined during regular office hours. A statement that a public hearing with respect to such petition must be held by the Boarq'of Appeals of the Town of Southold before the relief sought can be granted; that the person to whom the notice is addressed, or his representative, has the rigl*~t to appear and be heard at such hearing; anc~ that a no[ice o( such hearing will be published in the official town newspaper not less than five tS) days prior to such public hearing. in lieu o( comoiyincj with the provisions of ~his s'ection, written verified waive'rs of notice executed by the persons entztied to recmve such notice may Pe filed with the Town C[erl~ at the tim,b/ filing the petition. Failure to comply with the provisions df this section shall not ail,ct the ye. tidily cf any action taken Py the Board of Appeals. -105- L L L 30. Article XIV0 as renumbered Article XXVIII is hereby amended to read as follows: ARTICLE IXlV] XXVIII Administration and Enforcement Section [100-tq0l 100-280. Administrative and enforcing officer. A. It shall be the duty of the Building Inspector and such deputies and assistants as may be appointed by the Town Board to administer and enforce the provisions of this chapter and of all rules, conditions and requirements adopted or specified pursuant thereto. B. .The Building Inspector and/or his assistant and deputy building respecters shall have such right to enter and inspect buildings, structures or premises and to perform other acts necessary for the enforcement of this chapter as is conferred upon them by law. He shall maintain files of all applications for building permits and submitted therewith ancl for certificates of occuoancy and recerc~s all building permits and certificates of occupancy issuecl bv him, which ofi, l~e_s.a.n~._records snal! be open to public inspection and to 'perform sucl, · ,,~- ,=~.,a necessary/ rot the enforcement of this chapter as is conferreH upon them by law. C_.:. Said Buildinq Inspector shall keep a record of every identifiable comolaint of a violation of any o( the provisions of this cheater and of the act on taken on each such comolaint, which records shall be public recorcl three (3) months, summarizin9 for the period since his previous reoort all buiioin(~ permits and certificates of occuoancy ~ssuea bv him all complaints of violations and the action to'ken by him the'reon. Dj The Buildin~ Inspector shall make the necessary insoections for th, purpose of ascerta~ninq whether or not ex~stin(~' conditions comair with the provisions of this C'hapter. ' E. At the request of the Town Board. the BuiidinCl Insoector shall inspect conditions comely with the provisions at thi~ ct~aOt~r and report, in writinc~, to 5aid ~oard the results of his findinc~s'. F. At the rec~uest of the Plannino Board. the Bud nd Inspector shall :Section [100-]~11 100-281. Building permits. No building in any district shall be erected, reconstructed, ~'estored, moved or structurally altered without a building permit duly issued upon application to the Building Inspector, No buHdlng permit shall be issued unless the proposed construction or use is in full conformity with all the provisions of this chapter and the provisions of all other applicable laws. ordinances, rules and regulations. Any building permit issued in violation of the provisions of this chapter shall be null and void and of no effect without the necessity for any proceedings, revocations or nullification thereof; and any work violation of the provisions of this chapter shall be i'nvalid. A. Applications. Every application for a building permit shall contain the following information and be accompanied by the required fee and a drawing. If no such plot plan is,available, a survey is required, prepared by a licensed engineer or la,~d surveyor. -I06- If the Building Inspector deems it necessary that plans and specifications be examined to ascertain if the proposed building will comply with applicable building construction, housing and fire codes, he may require that plans and specifications be filed with the building permit application. (1~ 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, except in the case of the .alterations of a buiidinc~ which do not affect the exterior thereof. (2) The section, block and lot numbers, if any, as they appear on the latest tax records. (3) ' Th.e exact size and locations on the ~ot of the proposed building or buildings or structural alteration of an existing building and of other existing buildings on the same Jot. The dimensions of all yards in relation to the subject building, and the distances between such building and any other existing buildings on the same lot and adiacent (S] The existing and intended use of all buildings, existing or proposed. the use of land and the number of dwelling units the building is establish conformity to the ~ulk and density regulations. (6] Such topographic or other information with regard to the building, the lot or neighboring lots, as may be necessary to determine that the proposed construction will conform to the provisions of this 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. No building permit shall be issued for any building where the site plan of such building is subject to approval by the Planning 8oard. except in conformity with the plans approved by the said Board. No building permit shall be issued for a ~uilding in any district where such use is permitted by special exception unless and until such approval has been duly granted by the board havinc~ iurisdiction thereof. No building permit shall be issued for any building until approval has been received from the Suffolk County Oeoartment of Health Services for the proposed water supp y~a~d sewag~ c~'isposal system. The building permit application and all supporting documentation shall be made in triplicate. Upon t.he issuance of a building permit, the BuJldinc] inspector shall return one copy of all filed documents to the applicant. The Building Inspector shall, within ten Of a complete and properly proffered applicat on, either i-~sue or deny a building permit. If a building permit is denied, the Building Inspector shall state in writing to [he applicant [~*e reasons for such denial. ' Every building permit shall expire if the work authorized has not commenced within 12 months afte~.~the date of issuance, or has not been completed ~vithin affecting the property have been enacted~n tile ~nterim, the Building Inspector may authorize, in writing, the extension of the permit for an adcJitional ~ix months. Thereafter, a ~ew permit ~hall be toques'ed. -107- L L L i I I I ! 1' ! Je (21 As soon as the foundation of a building or of any addition to an existing building is completed, and before, first-story framing or wall construction is begun, there shall be filed with the Building Inspector an accurate survey, signed by the person responsible for said survey, showing the exact location of such foundaUon with respect to tho street and property lines of the lot. No further construction shall be performed until such survey is approved by the Rulldlng Inspector. Permit fees. The following fees shall be paid upon the filing of an application with the Building Inspector for a building permit, which fees shall be paid into the general fund if the application Is approved or returned to the appli- cant if the application is denied: (al Slngle-f. amily dwetllngs: (I) New dwellings and additions to existing dwellings: fifty dollars [$5Q.) plus fifteen cents (90.15] for each square foot of floor area in excess of eight hundred fifty (890} square feet. (iii Accessory butldlng~ and a'dditions and alterations to existing accessory buildings: · twenty-live dollars ($25.) plus fifteen cents ($0.15) for each square foot of floor area in excess of five hundred (50O) square feet.. (bi Farm buildings and additions and alterations to existing farm buildings: fifty dollars ($50.] for each building. (c) Hotel. motel, multiple dwellings and business, industrial and ail other buildings: . (il New buildings and additions and alterations to existing buildings: one hunqred dollars (9100.) plus twenty cents ($0.20) for eactl square foot of floor area in excess of one thousand (1,000i square feet. (ii) Accessory buildings and additions and alterations to existing accessory buildings: twenty-five dollars (925.) plus fifteen cents (90. IS] for each square foot of floor area in excess of five hun- dred (500) square feet. {dj Foundations constructed under existing buildings: seventy-five -dollars ($75.). ~ (e) Swimming pools, together with required enclosure fencing: one hundrec fifty dollars C9150.}. All other structures (i.e., fences. ~tc.~ and additions and alterations to such structures: twenty-five dollars (925.). {gJ Signs: Tho fee for ali sighs, except signs permitted by § 100-3OC[9)(z shall be one dollar ($1.00) for each square fOOt of sign area, with a minimum fee of twenty-five dollars (925.). (hi Demolition and/or removal and/or relocation of any building: ten dollar (910.1 minimum and five cents (90.05) for each square foot in excess el three hundred [300) square feet of floor area. For the purposes o( this 'Subsection J, cellars, decks, attached garages and any hat~itahio area shall be included in the calculation of floor area. Section JlOO'lq21 I00-282. Revocation of permit. The Building inspector may revoke a building permit thereto(ore 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 (h the application, plan or sp.ecificauons on watch the ~uildin~ permit was based. Bo Where ho finds that tho building permit was Issued In error snd should not have been Issued in accordance with tho applicable law. C, Where he finds that the-work performed under the permit is not being prosecuted in accordance with the provisions of tho application, plans or specifications. D. Where the person to whom a buJ~ding permit ha~ been Issued ~ails or refuses to comply with a stop or,er issued by the Building Inspector. Section [100-1q3.] I00-'28~ Stop orders. :~.:: ''. Whenever the Building Inspector ha~ ~ea~onabla grounds to believe that provisions o~ the applicable law, or~ln3ncas or ~utatlon~. or not in conformity with the p~vislon~ of an application, plan~ or specifications on the basis of whtc~ a building permit was issued, or In an unsafe an~ dangerous manner, he shall notify the owner of the property, or the .owner's agent or the person perfo~ln~ the work, to suspenG ali building activities until the stoD order ha~ been resctnde~. Suc~ order and notice shall be in writing an~ shall state :he ~ndltJons under which the work may be resumed, and may be served upon a person to whom it is dir~ted either by delivering it personally to him or by ~sting t~e same upon a ~ns~icuous portion of the ~uil~lng under construction an~ SenGing a copy of the same by certified mail.' S~tlon [ 100-1~a. ] 100- 28~.. Certificates o( occupancy. A. A certificate of occupancy shah be applied for from'the Buiidlng Inspector anG it shall be unlawful to do any of t~e following until a certificate of occupancy Is iss~e~ therefor, to wit: (1) Occupancy and use of a building erKted, rKonstructed, restored struc:uaily altered or move~, or any change in use o( an existing (2) Occupancy, use of a~y change In the use of, any land. ( ~ An,/ change in use o~ a nonconforming use. B. No certi~te of ~cupancy shall.be issued for the use of a permit, or for any [an~ use requiring' 'a s~te plan approval by t~e Pieing ~oard, ~nless an~ until such special ~uiy granted. Eve~ certif~ccupancy for w~ich a sDecial w~ic~ t~e ~ame l~ Application fo~ a ce~tlfic=te of ~cuUanc,/ on a form fMr~is~ed bv the Buildino inspector for a new ~uiiding or for an ~x~sting -I09- O. If the proposed use is In conformity with tho provisions et' this chapter and ·Ii other applicable code· and ordinances, a certificate of occupancy for the usa of vacant land or for a change of use or · n~nconformlng use shall be issued by the Building Inspector within ten days after receipt of · properly completed application. If a certlfica'te of occupancy Is denied, the Building Inspector shell stets the re·sons therefor in writing to the appiicent. £. Ever-/ sppllcatlon for · certificate of occupency or · temporsry certificate of occupancy sh·lt be eccompanied by the fee herein- after specified. Copies of such certlficste will Be issued upon thee payment of the fee heretnefter specified. F. A certificate of ocoupsncy shall be deemed to authorize and is required for Both initial occupancy sad use of the building or lancl to it applies. Upon written request sad upon payment of the fee hereinafter specified, the Building Inspect,ir shall, after inspection, Issue a certificate of occupancy for any building or use thereof or of I,nd existing ·t the time of the adoption of this chapter, or any s~me and ~he ~uil~lng con~orm ~o the provisions of t~is c~pter. H. A record of ,11 certificates of ~cupancy eh,II ~e keDt In ~e office of the Building Inspector, and copies shell b~ furnishe~ on requ,s~ ~o ~ny agency of the Town or to ~n~ persons having an in~res~ in tho Building or lan~ affectea'. I. Certificate of occupanc~ fees. The following fees s~ail be paid upon the filing Of an appl[~tien with the Building Inspecto~ fo~ a of occupancy, w~ich fee~ shall be paid into the generat fund if the application is approved, or returned to the applicnnt if the appii~tior is deni~: fa) Business buildings and/o~ business uses and additions and al~e~z- [ions [~ereto: fifty dollars {b) New dwellings and additions and aite~ations thereto: tw~nty-fi~.e AccessOry buildings and additions and alterations thereto: twenty-five dollars ($25,). (d] Pre-existing dwellings: fifty dollars (e) Vacant land; twenty dollars ($20.). (f) Updated certificates of occupancy b~ reason of additions or altera- tions; fifty ~ollars Copiea of cartlfl~te~'of occupancy issued five or ~ess years ago: five dollars (h)' Copies of certifi~tes of occupancy Issued' ~re than five years age: ten ~ollar~ Section [I00-1qS1 100-285. Penalties fo~ offenses. A. For each offense against any of [he provisions of this c~apter or any regulations ~aOe pursuant thereto or for failure to-comply with a written notice oe or~ae of any Building inspector within t~e time commits, takes pa~t or assists in the commission of any suc~ offense or wee s~all tail [o ~moly wit~ a written or,er or notice of any Building Inspector shall, u~n a (irs[ co~viction t~ereo/, Be ~uiity o~ a violation punishable by a fine of not exceeding five ~unorea ~ollars-(~500. J a~ ~y imDrlsonment for a period no( to excee~ fifteen [15) days, or ~[h. ~c~ ~ay on which suc~ v o alien s~a occur shall constitute a separate, addit~nal offense. For a secon~ subsequent ~nvictJon within eighteen (18) mont~s t~ereafter, such pe~n shall be guilty of a violation punishable by a fine not exceeding one thousand five.hundred dollars (~1,500.) oe by imprisonment for a period not to exce~ ~fteen (15) days, or by Both suc~ fine imprisonment. -110- 31. 32. 33. Section [100-1#7] .~00-28G. Remedies.'., alterecl, repaired, convertecl or maintained, or any I~uiiding, Structure or ~ana ]s used. In violation of thll c~ter or o~ any regulations pursuant thereto, In a~itlon to other remaales ~rovld~ by I~w, any said building, structure or land. o~ to prevent any illegal act. conauct, ArUcte XV, Is renum~ered Ar~lcJe XX]X"~nd S~lons 100-150, 10~-1~1 and I00-l~2 ther~f are renum~er~ I00-2~0, I00-2~1 an~ ]00-2~2 resp~lVely, Article XVI of Chapter ]00, as add~ by ~1 Lnw No. 1~, 1~8S, entttle~ "A ~ocal ~w ~o'pmvl~e for a ~oram~lum In certain usa Districts" is ~ereay Said Chapter ~OO Is hereby amend~ by adding a new Article thereto to be Article XXX to provide as [ollows'= ...,..., · · ... ; 4RTIC~E XXX '. ~ction 100-300. Thls ~1 ~w shall take eff~t upon tt~ filing with the Secretary of State.