HomeMy WebLinkAbout1984 - Zoning Code - 07/17/84ZONING
Chapter 100
From the
CODE
of the
ToWn of
SOUTHOLD
GENERAL CODE PUBLISHERS CORP.
ZONING
Chapter 100
From the
CODE
of the
TOWN OF SOUTHOLD
COUNTY OF SUFFOLK
STATE OF NEW YORK
[Printed as last amended 7-17-84 by L.L. No. 8-1984. Consult
municipal records for possible amendments adopted there-
after.]
GENERAL CODE PUBLISHERS CORP.
72 Hinchey Road
Rochester. New York 14624
1984
ZONING
Chapter 100
ZONING
ARTICLE I
General Provisions
§ 100-9. Title.
§ 100-10. Purposes.
§ 100-11. Conflicts.
§ 100-12. Exceptions.
§ 100-13. Def'mitions.
ARTICLE II
Districts
§ 100-20.
§ i00-21.
§ 100-22.
§ 100.23.
District designations.
Zoning Map.
District boundaries.
Effect of establishment of districts.
ARTICLE III
A Residential and Agricultural District
§ 100-30. Use regulations.
§ 100~31. Bulk and parking requirements.
§ 100-31.1. Relief from bulk and parking requirements.
§ 100-32. Accessory buildings.
§ 100-3:}. Established front yard setback.
§9 100-34 through 100-36. (Reserved)
1 I)OOl
100-40.
100-41.
100-42.
§ 100-50.
§ 100-51.
§ 100-52.
§ 100-53.
§ 100-55.1.
§ 100-55.2.
§ 100-55.3.
§ 100~55.4.
§ 100-55.5.
§ 100-55.6.
§ 100-55.7.
§ 100-55.8.
§ 100-55.9.
§ 100-60.
SOUTHOLD CODE
ARTICLE IV
M Light Multiple-Residence District
Use regulations.
Bulk, area and parking requirements.
Livable floor area.
ARTICLE V
M-1 General Multiple-Residence District
Use regulations.
Bulk, area~ and parking requirements.
Building length and separation.
Livable floor area.
ARTICLE VA
AHD Affordable Housing District
Purpose.
Definitions.
Lands applicable to establishment of district.
Use regulations.
Bulk, area and parking requirements; schedule.
Planning and zoning procedure.
Regulations and requirements.
Administration.
Applieability.
ARTICLE VI
B Light Business District
Use regulations.
10002
§ 100-61.
§ 100-62.
§ 100.63.
§ 100-70.
§ 100.71.
§ 100-80.
§ 100-81.
ZONING
Bulk, area and parking requirements.
Retail shopping centers.
Uses confined to enclosed buildings.
ARTICLE VII
B-1 General Business District
Use regulations.
Bulk, area and parking requirements.
ARTICLE VIII
C Light Industrial District
Use regulations.
Bulk, area and parking requirements.
(Cont'd on page 10003)
§ 100-90.
§ 100.91.
§ 100-92.
§ 100-93.
ZONING
ARTICLE IX
C-1 General Industrial District
Use regulations.
Special exception uses; site plan approval.
Signs.
Bulk, area and parking requirements.
ARTICLE X
Tourist Camps, Camp Cottages and Trailers
§ 100-100. Permits required.
§ 100-101. Automobile trailers or house cars.
§ 100-102. Exemptions.
§ 100-110.
§ 100-111.
§ 100-112.
§ 100-113.
§ 100-114.
§ 100-115.
§ 100-116.
§ 100-117.
§ 100-118.
§ 100-119.
§ 100-119.1.
§ 100-119.2.
ARTICLE XI
General Regulations
Signs.
Continuation of existing signs.
Off-street parking areas.
Off-street loading areas.
Prohibited uses in all districts.
Junkyards.
Dwelling unit density.
Hotel and motel unit density.
Nonconforming uses.
Corner lots.
Fences, walls and hedges.
Building setback from water bodies and xvetlands.
10003
SOUTHOLD CODE
ARTICLE XII
Board of Appeals
§ 100-120. Appointment; membership.
§ 100-121. Powers and duties.
§ 100-122. Additional conditions and safeguards.
§ 100-123. Rules of conduct and procedure.
§ 100-124. Fees.
§ 100-125. Notice of hearing.
ARTICLE XIII
Site Plan Approval
§ 100-130. General requirement.
§ 100-131. Objectives~
§ 100-132. Effect of approval.
§ 100-133. Procedure.
§ 100-134. Site development plan elements.
§ 100-135. Fees.
§ 100-136. Cluster development.
ARTICLE XIV
Administration and Enforcement
§ 100-140. Administrative and enforcing officer.
§ 100-141. Building permits.
§ 100-142. Revocation of permit.
§ 100-143. Stop orders.
§ 100-144. Certificates of occupancy.
§ 100-145. Penalties for offenses.
§ 100-146. Remedies.
0(,
10004
§ 100-150. Procedures.
§ 100-151. Fees.
ZONING
ARTICLE XV
Amendments
(Cont'd on page 10005)
10004.1
§ 100-9 ZONING § 100-10
§ 100-152. Notice of proposed change of zone classification.
Bulk and Parking Schedule
[HISTORY: Adopted by the Town Board of the Town of
Southold 4-9-57; amended in its entirety 4-8-58 and 11-23-71.
Sections 100-13, 100-20G, 100-30B(7)(a), 100-30B(9)(a), 100-30C,
100-70A(1), 100-90A(22), 100-121C(2)(i), 100-141J(5), 100-144B
and 100-145 amended during codification; see Ch. 1, General
Provisions, Article II. Other amendments noted where ap-
plicable.]
GENERAL REFERENCES
ARTICLE I
General Provisions
§ 100-9. Title. [Added 2-1-83 by L.L. No. 2-1983]
This chapter shall be known and may be cited as the "Southold
Town Zoning Code."
§ 100-10. Purposes.
There is hereby established a comprehensive zoning plan for the
Town of Southold, which plan is set forth in the text and map that
constitute this chapter. Said plan is adopted for the purposes set
forth in Article 16 of the Town Law, which, in the interest of the
protection and promotion of the public health, safety and welfare,
shall be deemed to specifically include the following, among
others:
A. The facilitation of the efficient and adequate provision of
public facilities and services.
B. The assurance of adequate sites for residence, industry and
commerce.
C. The provisions of privacy for families.
10005
§ 100-10 SOUTHOLD CODE § 100-12
D. The prevention and reduction of traffic congestion so as to
promote efficient and safe circulation of vehicles and
pedestrians.
E. The maximum protection of residential areas.
F. The gradual elimination of nonconforming uses.
G. The enhancement of the appearance of the Town of
Southnid as a whole.
H. The encouragement of flexibility in the design and
development of land in such a way as to produce-the
most appropriate use of lands, to facilitate the adequate
and economical provision of streets and utilities and to
preserve the natural and scenic qualities of open lands.
.~/!. The fostering and protection of agriculture and fisheries.
J. To make provision for, so far as conditions ma}' permit, the
accommodation of solar energy systems and equipment
and access to sunlight necessary therefor. [Added 2-1-83 by
L.L. No. 2-1983]
§ 100-11. Conflicts.
A. Where a provision of this chapter conflictz with or imposes
a different requirement from any other provision of this
chapter, the provision or requirement which is more
restrictive or which establishes the higher standard shall
govern.
B. Where the provisions of this chapter conflict with or im-
pose a different requirement from any other ordinance of
the Town of Southold or any rules or regulations adopted
thereunder, the ordinance, rule or regulation which
establishes the higher standard or requirement shall
govern.
0(¸
§ 100-12. Exceptions. IAmended 10-30-73 by L.L. No. 5-1973]
All of the lots on the following subdivision maps shall be ex-
cepted from the lot area and lot width requirements of this
10006
§ 100-12 ZONING § 100-13
chapter, and the lot areas and lot widths applicable to said lots
shall be as shown and designated on said subdivision maps: Green
Acres; Stratmors; Marion Manor; Cleaves Point, Section II;
Fordham Acres, Section I; Fordham Acres, Section II; Sterling
Homes; Eastern Shores, Section I; Eastern Shores, Section II;
Eastern Shores, Section III; Eastern Shores, Section IV; Eastern
Shores, Section V; Southold Shores; Sunny Shores; Moose
Cove; Nassau Point; Deer Park; Village Manor; G.I. Tuthill;
Edgemere Park; Willow Terrace; Soundcrest Woods; Gardiners
Bay Estates, Section III; Harvest Homes, Section I; Bayview
Woods Estates; Willow Point; Harbor Lights Estates, Section I;
Terry Waters; Bay Haven; Corey Creek Estates; West Creek
Estates; Northwoods; Vista Bluff; Jacksons Landing; Bennett's
Pond; Rosewood Estates; Sunset Knolls, Section II; Smithfield
Park; Paradise Point; Harbor Lights Estates, Section III; High-
wood; Nunnakoma Waters; Yennecott Park; Downsview; South
Harbor Homes; Peconic Shores, Section I; Peconic Homes,
Section I; Peconic Homes, Section II; Peconic Bay Oaks; Laurel
Country Estates; Orient-by-The-Sea, Section II; Cleaves Point,
Section III.
§ 100-13. Definitions. [Amended 7-31-73]
A. Word usage. Words used in the present tense include the
future; the singular number includes the plural, and the
plural the singular; the word "person" includes a cor-
poration as well as an individual; the word "lot" includes
the word "plot"; the term "occupied" or "used," as applied
to any building shall be construed as though followed by
the words "or intended, arranged or designed to be oc-
cupied or used."
B. Definitions. Unless otherwise expressly stated, the
following terms shall, for the purpose of this chapter, have
the meanings herein indicated:
ACCESSORY -- A building or use clearly incidental or
subordinate to, and customary in connection with, the
principal building or use on the same lot.
ACCESSORY APARTMENT -- A dwelling unit created in
a presently existing' one-family dwelling pursuant to § 100-
30B(15). [Added 1-21-86 by L.L. No. 1-1986]
10007
§ 100-13
SOUTHOLD CODE
§ 100-13
ALTERATION -- As applied to a building or structure, a
change or rearrangement in the structural parts or in the
exit facilities, or an enlargement, whether extending on a
side or by increasing in height, or the moving from one
location or position to another. [Added 2-1-83 by L.L. No.
2-1983]
BASEMENT -- A story of a building, partly below the
finished grade level, which has mom than one-half ('/2) of
its height, measured from floor to ceiling, above the
average established curb level or finished grade of the land
immediately adjacent to the building. [Amended 2-1-83 by
L.L. No. 2-1983]
BILLBOARD -- A sign, including the type commonly
known as a "billboard," which directs attention to a
business, commodity, service, entertainment or attraction
which is sold, offered or existing elsewhere than upon the
same lot where such sign is displayed or only incidentally
upon such lot.
BOARDING- AND TOURIST HOUSES -- A building,
other than a hotel, where lodging, with or without meals,
for five (51 or more persons is furnished for compensation.
BUILDING -- Any combination of materials forming any
construction, except where entirely underground so as to
permit the use of the ground above same as if no
"building" was present. The term "building" shall include
the term "structure," as well as the following:
(1) Signs.
(2) Fences.
(3) Walls, other than retaining walls projecting aove the
ground not more than three (3) feet at the higher
ground level and not more than six and one-half (6V2)
feet at the lower ground level.
(4) Radio and television receiving and transmitting
towers and antennae, except for such antennae in-
stalled on the roof of a building and extending not
0('
10008
4 -25-86
§ 100-13 ' ZONING '§ 100-13
more than twenty (20) feet above the highest level of
· the roof. of such building.
(5) Porches, outdoor bins and other similar structures.
BUILDING AREA -- [Added 2-1-83 by L.L. No. 24983]
The aggregate of the maximum horizontal cross section of
the buildings on a lot, measured between the exterior faces
of walls.
{1) The term "building area" shall include the following:
(a) Balconies.
(bi Terraces, patios, decks and other structures
above the finished grade.
(c) Swimming pools, tennis courts and other similar
structures.
(21 The term "building area" shall exclude the following:
la) Cornices, eaves, gutters, chimneys and fireplaces,
projecting not more than twenty-eight 128) inches
from exterior wails.
(b) Steps and open porches, projecting not more than
five (51 feet from exterior walls and having an
area of not more th~m thirty (30) square feet.
(c) First-story bay windows projecting not more than
three 13) feet from exterior walls and exterior
cellar doors projecting not more than six 16) feet
from exterior walls.
CELLAR -- Any space in a building, partly below the
finished grade level, which has more than one-half (V~) of
its height, measured from floor to ceiling, below the
average established curb level or finished grade of the land -
immediately adjacent to the building. [Amended 2-1-83 by
L.L. No. 2-1983]
CONDOMINIUM -- A building or buildings, the dwelling
units of which are individually owned, each owner receiving
a deed enabling him to sell,- mortgage or exchange his
§ 100-13
SOUTHOLD CODE
§ 100-13
dwelling unit independent of the owners of the other
dwelling units in the building or buildings. [Added 2-1-83
by L.L. No. 2-1983]
COURT, INNER --An open space enclosed on all sides by
exterior walls of a building.
COURT, OUTER -- An open space enclosed on three (3)
sides by exterior walls of a building.
COURT, OUTER, DEPTH OF -- The linear average
dimension measured from the unenclosed side of the court
to the farthest wall thereof.
COURT, OUTER, WIDTH OF -- The linear dimension of
the unenclosed side of the court.
CURB LEVEL -- The established elevation of the street
grade at the point that is opposite the center of the wall
nearest to and facing the street line.
DWELLING, MULTIPLE -- A building or portion
thereof containing three (3) or more dwelling units.
DWELLING, ONE-FAMILY -- A detached building
containing one (1) dwelling unit only.
DWELLING, ROW OR ATTACHED -- A one-family
dwelling with two (2) common or party walls separating it
from adjacent units on both sides.
DWELLING, SEMIDETACHED -- A one-family
dwelling with one (1) wall in common with an adjacent
dwelling.
DWELLING, TWO-FAMILY -- A detached building
containing two (2) dwelling units only.
DWELLING UNIT -- A building or entirely self.
contained portion thereof containing complete
housekeeping facilities for only one (I) family, including
any domestic servants employed on the premises, and
having no enclosed space (other than vestibules, entrance
or other hallways or porches) or cooking or sanitary
facilities in common with any other "dwelling unit." A
10010 4-~5-sa
§ 100-13 ZONING § 100-13
house trailer, a boarding- or rooming house, convalescent
home, fraternity or sorority house, hotel, motel, inn,
lodging or nursing or other similar home or other siraflar
structure shall not be deemed to constitute a "dwelling
unit."
FAMILY -- One (1) or more persons occupying a dwelling
unit as a single nonprofit housekeeping unit. More than
five (5) persons, exclusive of domestic servants, not related
by blood, marriage or adoption shall not be considered to
constitute a "family."
FLOOR AREA -- The sum of the gross horizontal areas of
all floors of the building or build~ngs on a lot, having a clear
height of not less than six (6) feet, measured from the
exterior faces of exterior walls or from the center line of
party walls separating two (2) buildings, including cellar
and basement areas. [Amended 2-1-83 by L.L. No. 2-1983]
FLOOR AREA, LIVABLE -- All spaces within the ex-
terior walls of a dwelling unit, exclusive of garages,
breezeways, unheated porches, cellars, heater room~ and
approved basements having a window area of less than ten
percent (10%) 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 all attic space having a clear
height of six {6) feet from finished floor level 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. [Amended 2-1-83 by
L.L. No. 2-1983]
FLOOR AREA RATIO -- The floor area in square feet of
all buildings on a lot divided by the area of such lot in -
square feet.
GARAGE, PRIVATE -- A building used for the storage
of one (1) or more gasoline or other power-driven vehicles
owned and used by the owner or tenant of the lot on which
§ 100-13
SOUTHOLD CODE
§ 100-13
the garage is erected and for the storage of not exceeding
two (2) additional vehicles (not trucks) owned or used by
others.
GARAGE, PUBLIC -- A building, other than a private
garage, used for housing or care of gasoline or other power.
driven vehicles, or where such vehicles are equipped for
operation, repaired or kept for remuneration, hire or sale.
HEIGHT -- The vertical distance measured from the
average elevation of the finished grade of the land im-
mediately adjacent to the building to the highest point of
the roof for fiat and mansard roofs and to the mean height
between eave and ridge for other types of roofs. [Amended
2-1-83 by L.L. No. 2-1983]
HOME OCCUPATION -- This shall be understood to
include the professional office or studio of a doctor, dentist,
teacher, artist, architect, engineer, musician, lawyer,
magistrate or practitioners of a similar character, or rooms
used for "home occupations," including home baking,
millinery or similar handicrafts, provided that the office,
studio or occupational rooms are located in a dwelling in
which the practitioner resides and provided further that no
goods are publicly displayed on the premises and no sign or
advertisement is shown other than a sign not larger than
two (2) square feet in total area, bearing only the name and
occupation (words only) of the practitioner. [Amended 2-1-
83 by L.L. No. 2-1983]
HOTEL -- A building occupied as the more or less tem-
porary abiding place of individuals, who are lodging with
or without meals, in which there are more than ten (10)
rooms usually occupied singly and in which no provision is
made for cooking in any room or individual apartment.
JUNKYARD -- Land occupied or to be occupied for
storage of old wood, paper, cloth or metal, including old
automobiles, trucks, equipment, machinery, fixtures and
appliances not usable as originally designed, and also
including any portion of such old automobiles, trucks,
10012
§ 100-13 ZONING § 100-13
equipment or machinery as may be sold as and for junk or
salvage. ~
LOT -- Any parcel of land, not necessarily coincident with
a lot or lots shown on a map of record, which is occupied or
which is to be occupied by a building and its accessory
buildings, if any, or by a group of buildings accessory
thereto, ff any, together with the required open spaces
appurtenant to such buildings or group of buildings.
LOT, CORNER -- A lot at the junction of and abutting on
two (2) or more intersecting streets where the interior angle
of intersection does not exceed one hundred thirty-five
degrees (135°). A lot abutting a curved street shall be
deemed a "corner lot" if the tangents to the curve at the
points of intersection of the side lot lines with the street
lines intersect at an interior angle of less than one hundred
thirty-five degrees (135°).
LOT COVERAGE -- That percentage of the lot area
covered by the building area. [Added 2-1-$3 by L.L. No. 2-
1983]
LOT DEPTH -- The minimum distance from the Street
line of the lot to the rear lot line of such lot.
LOT LINE -- Any boundary of a l~t other than a street
]~ne.
LOT LINE, REAR -- The lot line generally opposite to the
street line; if the "rear lot line" is less than ten (10) feet in
length, or if the lot comes to a point in the rear, the "rear
lot line" shall be deemed to be a line, not less than ten (10)
feet long, lying farthest from the front lot line and parallel
to the front lot line.
LOT WIDTH -- The average distance between side lot
lines, taken at the front yard or setback line and measured
at right angles to the side lot lines or along a line parallel to
the street.
MAIN FLOOR- The largest area found by the projection
of a horizontal plane through the livable floor area which is
enclosed by the exterior walls of the building.
10013 4-25-83
§ 100-13
SOUTHOLD CODE
§ 100-13
MANUFACTURING -- Any process whereby the nature,
size or shape of articles or raw materials is changed, or
where articles are assembled or packaged.
MARINA or BOAT BASIN -- Any premises containing
one (1) or more piers, wharves, docks, moorings,
bulkheads, buildings, slips, basins or land under water,
designed, used or intended to be used primarily for the
docking or mooring of boats, for or without compensation.
MOTEL -- A building containing guest rooms, each of
which, or each pair of which, has a separate entrance
leading directly from the outside of the building, with
parking space conveniently located to each unit, and which
is designed, used or intended to be used primarily for the
accommodation of motor vehicle transients.
NONCONFORMING USE -- Any use, whether of a
building or tract of land, or both, existing on the effective
date of this chapter, which does not conform to the use
regulations of the district in which it is located.
PARTIAL SELF-SERVICE GASOLINE SERVICE
STATION -- A gasoline service station primarily for the
servicing of motor vehicles and the dispensing of gasoline
by means of a qualified attendant controlling an approved
console regulating the flow of gasoline into fixed and
approved dispensing equipment thereafter to be operated
by the customer at one (1) set of pumps on one (1) pump
island and by a qualified attendant operating dispensing
equipment at all other pump islands. [Added 4-11-78 by
L.L. No. 2-1978]
PRINCIPAL BUILDING -- A building in which is
conducted the main or principal use of the lot on which said
building is located.
PUBLIC WATER: PUBLIC SEWER -- Communal
sewage disposal systems and communal water supply
systems approved by public agencies having jurisdiction
thereof. [Amended 10-26-76 by L.L. No. 5-1976]
0(:
10014
§ 100-13 ZONING § 100-13
SIGN -- Any structure or part thereof, or any device
attached to a building or painted or represented thereon,
which shall display or include any letter, word, model,
banner, pennant, insignia, device, trade flag or
representation which is in the nature of, or which is used
as, an announcement, direction or advertisement, for
commercial purposes or otherwise. A "sign" includes a
billboard and a neon tube, string of lights or similar device
outlining or hung upon any part of a building or lot, but
does not include the flag or insignia of any nation or group
of nations or of any governmental agency or of any
political, educational, charitable, philanthropic, civic,
professional, religious or like campaign, drive, movement
or event. Excluded from this definition are "signs" which
are solely devoted to prohibiting trespassing, hunting or
fishing.
SIGN AREA -- Includes all faces of a sign, measured as
follows:
(1) When such sign is on a plate or framed or outlined, all
of the area of such plate or the area enclosed by such
frame or outline shall be included.
(2) When such sign consists only of letters, designs or
figures engraved, painted, projected or in any manner
affixed on a wall, the total area of such sign shall be
deemed the area within which all of the matter of
which such sign consists may be enscribed.
STORY -- That part of any building, exclusive of cellars
but inclusive of basements, comprised between the level of
one finished floor and the level of the next higher finished
floor or, if there is no higher finished floor, then that part of
the building comprised between the level of the highest
finished floor and the top of the roof beams.
STORY, HALF -- Any space, with a minimum clear
height of five (5) feet, partially within the roof framing
where the clear height of not more than fifty percent (50%)
of such space between the top of the floor beams and the
10015
§ 100-13
SOUTHOLD CODE
§ 100-13
structural ceiling level is seven (7) feet six (6) inches or
more. [Amended 2-1-83 by L.L. No. 2-1983]
STREET -- A street, improved to the satisfaction of the
Planning Board, which is one (1} of the following:
(1) An existing town, county or state highway or street.
(2) A street shown on an approved subdivision final plat.
(3) A street shown on a map filed with the County Clerk
(in accordance with § 280-a of the Town Law} prior to
Planning Board authorization to review subdivisions.'
(4} A street shown on the Town Official Map.
STREET LI~VE -- The dividing line between a lot and a
street.
STRUCTURAL ALTERATION -- Any change in the
supporting members of a building, such as beams,
columns, girders, footings, foundations or bearing walls.
[Amended 2-1-83 by L.L. No. 2-1983]
TOURIST CAMP -- Any lot, piece or parcel of ground
where two (21 or more rents, tent houses, camp cottages,
house cars or house trailers used as living or sleeping
quarters are or may be located, said camp being operated
for or without compensation?
TOURIST COTTAGE -- A detached building having less
than three hundred fifty (350) square feet of cross-sectional
area, designed for or occupied as living and sleeping
quarters for seasonal occupancy.
TRAILER -- Any vehicle mounted on wheels, movable
either by its own power or by being drawn by another
vehicle, and equipped to be used for living or sleeping
quarters or so as to permit cooking. The term "trailer"
shall include such vehicles if mounted on temporary or
permanent foundations with the wheels removed.
' Fditor'~ Note: For additional pro~sions regarding approved street~ in subdivl-
10016
§ 100-13 ZONING § 100-20
USABLE OPEN SPACE -- An unenclosed portion of the
ground of a lot which is not devoted to driveways or
parking spaces, which is free of structures of any kind, of
which not more than twenty-five percent (25%) is roofed for
shelter purposes only, the minimum dimension of which is
forty ~40) feet and which is available and accessible to all
occupants of the building or buildings on the said lot for
purposes of active or passive outdoor recreation.
USE, ACCESSORY -- A use customarily incidental and
subordinate to the main use on a lot, whether such "ac-
cessory use" is conducted in a principal or accessory
building.
YARD -- An open space, other than a court, on the same
lot with a building, which is, exclusive of trees, shrubs and
natural rock formations, unoccupied and unobstructed
from the ground upward. [Added 2-1-83 by L.L. No. 2-
1983]
YARD, FRONT -- An unoccupied ground area open to the
sky between the street line, or between the street line
established by the Official Map of the town or an approved
subdivision plat,' and a line drawn parallel thereto.
YARD, REAR -- An unoccupied ground area fully open to
the sky between the rear lot line and a llne drawn parallel
thereto.
YARD, SIDE -- An unoccupied ground area fully open to
the sky between any property line other than a street or
rear lot line and a line drawn parallel thereto between the
front and rear yards.
ARTICLE II
Districts
§ 100-20. District designations.
For the purpose of this chapter, the Town of Southold. outside
of the incorporated villages, is hereby divided into districts
designated as follows:
§ 100.20
SOUTHOLD CODE
§ 100-22
A. A Residential and Agricultural Districts.
B. M Light Multiple-Residence Districts.
C. M-1 General Multiple-Residence Districts.
D. B Light Business Districts.
E. B-1 General Business Districts.
F. C Light Industrial Districts.
G. C-1 General Industrial Districts. [Amended 7-31-73]
H. AHD Affordable Housing District ]Added 7-1-86 by L.L.
No. 6-1986]
§ 100-21. Zoning Map.
The boundaries of the said districts are hereby established as
shown on the Building Zone Map, which accompanies this chapter
and which, with all explanatory matter thereon, is hereby adopted
and made a part of and incorporated into this chapter. Said map,
indicating the latest amendments, shall be kept up-to~dats, and a
copy thereof shall be kept in the office of the Building Inspector
for the use and benefit of the public.
§ 100-22. District boundaries.
In determining the boundaries of districts shown on the Zoning
Map, the following rules shall apply:
A. Where district boundaries are indicated as appro~rlmately
following the center lines of streets, highways, waterways
or railroad rights-of-way, or such lines extended, such
center lines shall be construed to be such boundaries.
B. Where such boundaries are indicated as approximately
following the property lines of parks or uther publicly
owned lands, such lines shall be construed to be such
boundaries.
C. Unless otherwise shown, all district boundaries running
parallel to streets shall be construed to be two hundred
(200) feet back from the rights.of-way of said streets.
10016.2
§ 100-22 ZONING § 100-22
D. In all cases where a district boundary divides a lot in one
(1) ownership and more than fifty percent (50%) of the area
of such lot lies in the less restricted district, the regulations
prescribed by this chapter for the less restricted district
shall apply to such portion of the more restricted portion of
said lot which lles within thirty (30) feet of such district
boundary. For the purposes of this subsection, the "more
restricted district" shall be deemed that district subject to
regulations which:
(Cont'd on page 10017)
10016.3
§ 100-22 ZONING § 100-23
(1) Prohibit the use intended to be made of said lot; or
(2) Require higher standards with respect to.coverage,
yards, screening, landscaping and similar
requirements.
E. In all cases where a district boundary llne is located not
more than fifteen (15) feet from a lot line of record, such
boundary line shall be construed to coincide with such lot
line.
F. In all other cases where dimensions are not shown on the
map, the location of boundaries shown on the map shall be
determined by the use of the scale appearing thereon.
G. Unless shown on the Zoning Map, all tidal lands and lands
under water shall be deemed to be within the use district to
which they are contiguous.
§ 100-23. Effect of establishment of districts.
Following the effective date of this chapter:
A. No building shall be erected, moved, altered, rebuilt or
enlarged, nor shall any land or building be used, designed
or arranged to be used for any purpose or in any manner,
except in conformity with all regulations, requirements and
restrictions specified in this chapter for the district in
which such building or land is located.
No yard or open space required in connection with any
building or use shall be considered as providing a required
open space for any other building on the same or any other
lot.
No lot shall be formed from part of a lot already occupied
by a building unless such building, all yards and epen
spaces connected therewith and the remaining lot comply
with all requirements prescribed by this chapter for the
district in which said lot is located. No building permit
shall be issued for the erection of a building on any new lot
thus created unless such building and lot comply with all
the provisions of this chapter.
10017
§. 100-23 SOUTHOLD CODE § 100-30
D. Nothing contained in this chapter shall require any change
in the plans, construction or designated use of a building
complying with the Zoning Ordinance in force prior to this
chapter. If the following is found to exist:
(1) A building permit shall have been duly issued and
construction shall have been started before the el-
fective date of this chapter.
(2) The ground story framework (inchiding the second tier
of beams) shall have been completed within six (6)
months of the date of the building permit.
(3) The entire building shall have been completed in
accordance~with such plans as have been filed with the
Building Inspector within one (1) year from the el-
fective date of this chapter.
E. Any use not permitted by this chapter shall be deemed to
be prohibited.
F. Notwithstanding the limitations imposed by any other
provisions of this chapter, no building, dredging or filling
operation shall be permitted below the datum of mean high
water of tidal waters unless such building, dredging or
filling operations have been duly authorized and are
conducted in conformity with all laws, ordinances, rules
and regulations of all governmental agencies having
jurisdiction thereof.~
0(,
ARTICLE III
A Residential and Agricultural District
§ 100-30. Use regulations.
In an A District, no building or premises shall be used, and n~
building or part of a building shah be erected or altered which is
arranged, intended or designed to be used, in whole or in part, for
any uses except the following:
A. Permitted uses.
10018
§ 100-30
(1)
ZONING § 100-30
One-family detached dwellings, not to exceed one (1)
dwelling on each lot.
The following commercial agricultural operations and
accessory uses thereto, including irrigation, provided
that there shall be no storage of manure or other odor-
or dust-producing substance or use, except spraying
and dusting to protect vegetation, within one hundred
fifty (150) feet of any lot Line:
(a) The raising of field and garden crops, vineyard
and orchard farming, the maintenance of nurs-
eries and the seasonal sale of products thereof in
buildings, subject to the following special re-
quirements:
[1] All one-story buildings for display and retail
sales of agricultural and nursery products
grown primarily on the premises shall not
exceed one thousand (1,000) square feet in
floor area. Display of produce shA!~ be not
less than ten (10) feet from all street and lot
lines. Any stand in excess of one hundred
!100) 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, within one (1} year,
comply with all of the provisions hereof.
[2] All signs shall conform to the provisions of
§ 100-30C(6)(b).
(b) The keeping, breeding, raising and training of
horses, domestic animals and fowl (except ducks)~
on lots of ten (10) acres or more. [Amended 2-1-83
by L.L. No. 2-1983]
(c) Barns, storage buildings, greenhouses (including
plastic-covered) and other related structures,
provided that such buildings shall conform to the
§ 100-30 SOUTHOLD CODE § 100-30
yard requirement~ for principal buildings. [Amend-
ed 2-1-83 by L.L. No. 2-1983-~]
(3) Buildings, structures and uses owned or operated by the
Town of Southold.
B. [Amended 7-1-86 by L.L. No. 5-1986] 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, except for the uses set forth in
Subsection B(16) hereof, are subject to site plan approval by
the Planning Board in accordance with Article XIII hereof:
(1) Two-family dwellings, conversion o f existing buildings
and new construction, not to exceed one (1) such
dwelling on each lot.
(2) Places of worship, including parish houses (but ex-
cluding a rectory or parsonage, which shall conform to
the requirements for a one-fAmily dwelling), subject to
the following requirements:
(a) No building or part thereof Shall be erected nearer
than fifty (50) feet to any street line and nearer
than twenty (20) feet to any lot line.
(b) The total area covered by all principal and ac-
cessory buildings shall not exceed twenty percent
(20%) of the area of the lot.
(3) Private schools, colleges and other educational in-
stitutions, subject to the following reqUirements:
(a) No building shall be less than fifty (50) feet from
any street or lot line.
(b) The total area occupied by all principal and ac-
cessory bufldinge shall not exceed twenty percent
(20%) of the area of the lot.
(c) Any such school shall be a nonprofit organization
within the meaning of the Internal Revenue Act
and shall be registered effectively thereunder as
such.
10020 ,- .
§ 100-30 ZONING § 100-30
(4)
(d) Any such school shall occupy a lot with an area of
not less than five (5) acres plus one (1) acre for
each twenty-five {25) pupils for which the
building is designed.
Libraries, 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 ad-
diction, subject to the following requirements:
(a) No building or part thereof or any parking or
loading area shall be located within one hundred
(100) feet of any street line nor within fifty (50)
feet of any lot line.
.(b) The total area covered by principal and accessory
buildings shall not exceed twenty percent (20%)
of the area of the lot.
(c) The maximum height shall be thirty-five {35) feet
or two and one-half (2¥2) stories.
(d) The entire lot, except areas occupied by buildings
or parking or loading areas, shall be suitably
landscaped and properly maintained.
(e) Sufficient exterior illumlnation 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.
(f) Any nursing home, hospital or sanitarium shall
meet the following standards:
[1] All buildings shall be of fire-resistive can-
struction.
[2] All such uses shall be served by adequate
water and sewer systems approved by the
Suffolk County Department of Health.
[3] Patients su'ffering from communicable
diseases shall not be permitted in any
nursing home or sanitarium (communicable
1002i
§ 100-30 SOUTHOLD CODE § 100-30
diseases are defined by the Sanitary Code of
the Public Health Council of the State of
New York.
[4] Eight thousand (8,000) square feet of lot area
shall be provided for each patient bed.
(5) Public utility rights-of-way as weli as structures and
other installations necessary to serve areas within the
town, subject to such conditions as the Board of
Appeals may impose in order to protect and promote
the health, safety, appearance and general welfare of
the community and the character of the neighborhood
in which the proposed structure is to be constructed.
(6) Fraternity houses, golf courses and annual mem-
bership clubs catering exclusively to members and
their guests, or other recreational facilities open to the
public, and accessory playgrounds, beaches, swim-
ming pools, tennis courts and recreat!ional buildings,
subject to the following requirements:
~/ (a) No building or part thereof or any parking or
loading area shall be located within one hundred
(100) feet of any street line nor within fifty (50)
feet of any lot line.
(b) The total area covered by principal and a~cessory
buildings shall not exceed twenty percent
of the area of the lot.
(c) Such use shall not be conducted for profit as a
business enterprise.
(d) No such use shall occupy a lot with an area of less
than three (3) acres.
(e) The direct source of all exterior lighting shall be
shielded from the view of surrounding residential
lots.
(7) Children's recreation camps organized primarily for
seasonal use, subject to the following requirements:
(a) No building, tent, activity area or recreation
facility shall be less than two hundred (200} feet
10022
§ 100-30 ZONING § 100-30
(9)
from any lot line, and any such building, tent, activity
area or recreation facility shall be effectively sczaened
therefrom as required by the PIAnnlng Board.
Buildings intended for use as sleeping quarters shah
be not less than thirty (30) feet from each other, except
tents, which shall be not less than ten (10) feet apart.
[Amended 7-31-73]
{b) The minimum lot area shall be not less than ten
thousand (10,000) square feet for each cottage,
tent or other principal building, and not less than
three thousand (3,0001 square feet of land area
shall be provided for each person accommodated
in the buildings or tents on the premises.
(c) Ail outdoor lighting shall be arranged and/or
shielded 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 camps, farm and nonfarm, subject to the
following requirements:
(a) All farm labor camps on farms shRll be con-
structed in conformance with applicable 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 Board of
Appeals.
Boat docking facilities for the docking, mooring or
accommodation of noncommercial boats, subject to
the following requirements:'
(a) There shall be docking or mooring facilities for no
more than two (2) boats other than those owned
and used by the owner of the premises for Ms
personal use. [Amended 7-31-73]
10023
§ 100-30
SOUTHOLD CODE
§ 100-30
(10) Veterinarian offices and animal hospitals, subject to
the following requirements:
(a) The housing of all snimals shah be in a fully
enclosed structure if nearer than one hundred
(100) feet to any lot line.
(11} Cemeteries.
(12) Stables and riding academies.
(13) Funeral homes and undertaking establishments.
(14) ~Wineries for the production and retail sale of wine
produced from grapes primarily grown on the
vineyard on which such winery is located. [Added 2-1-
83 by L.i.~. No. 2-1983]
(15) [Added 1-21-86 by L.L. No. 1-1986] One (1) accessory
apartment in an existing one-family dwelling, subject to
the following requirements:
(a) The accessery apartment shall be located in the
principal building.
(b) The owner of the existing dwelling shall occupy one
(1) of the dwelling units as the owner's principal
residence. The other dwelling unit shall be leased
for year-round occupancy, evidenced by a written
lease for a term of one (1) or more years.
(c) The existing one-family dwelling shall contain not
less than one thousand six hundred (1,600) square
feet of liveable floor area.
(d) The accessory apartment shall contain not less than
four hundred fifty (450) square feet of livable floor
area.
(e) The accessory apartment shall not exceed forty per-
cent (40%) of liveable floor area of the existing
dwelling unit.
§ 100-30 ZONING § 100-30
(f) A minimum of three (3) off-street parking spaces
shall be provided.
(g) Not mor~'than one (1) accessory apartment shall be
permitted on a lot.
(h) The accessory apartment shall meet the require-
ments of a dwelling unit as defined in § 100-13
hereof.
(i) The exterior entry to the accessory apartment shall.
to the maximum extent possible, retain the existing
exterior appearance of a one-family dwelling.
(j) All exterior alterations to the existing building, ex-
cept for access to the apartment, shall be made on
the existing foundation.
(k) The certificate of occupancy shall terminate upon
the transfer of title by the owner, or upon the owner
ceasing to occupy one (1) of the dwelling units as the
owner's principal residence. In the event of an own-
er's demise, the occupant of an accessory apartment
may continue in occupancy until a new owner shall
occupy the balance of the dwelling or one (1) year
from date of said demise, whichever shaIl first
Occur.
(1) All conversions shall be subject to inspection of the
Building Inspector and renewal of certificate of oc-
cupancy annually.
(m) The building which is converted to permit an acces-
sory apartment shall be in existence and have a val-
id certificate of occupancy issued prior to January
1, 1984.
(n) The existing buikling, together with the accessory
apartment, shall comply with all other requirements
of Chapter 100 of the Town Code n£ the Town of
Southold.
(o) Notwithstanding the provisions of§ 101)-:~0R hnreof,
no site plan approval by the Planning Board shall
be required for the establishment of an accessory
apartment.
10021.1
§ 100-30 SOUTHOLD CODE § 100-30
(p) Approval by the Suffolk County Department of
Health Services of the water supply and sewage
disposal systems. [Added 5-20-86 by L.L. No. 4-
$. 1986]
(16) [Added 5-20-86 by L.L. No. 4-1986] The renting of not
more than three (3) rooms in an owner-occupied dwell-
ing for lodging and serving of breakfast to not more than
six (6) casual and transient roomers, provided that the
renting of such rooms for such purpose is clearly inci-
dental and subordinate to the principal use of the dwell-
ing. subject to the following requirements:
(a) That adequate off-street parking spaces shall be
provided for such rented rooms in addition to park-
ing spaces for the use of the family of the owner.
C. {Am~en~ed 7-31-73] Accessory uses, limited to the follow-
ing:
(1) Home occupations, provided that:
(a) No display of goods is visible from the street.
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 {1) nonresident assistant.
lc) Such occupation is carried on in an area not
exceeding thirty percent [30%) of the area of one
~1} floor of the main building.
(d} There shall be no exterior effect at the property
line, such as noise, traffic, odor, dust, smoke, gas,
fumes or radiation.
~e} Studios where dancing or music instruction is
offered to groups in excess of five {51 pupils at one
(1) time. or where concerts or recitals are held. are
prohibitedJ
(Cont'd on page 10025)
§ 100-30 ZONING § 100-30
(2) [Amended 2-1-83 by L.L. No. 2-1983] Garden house,
toolhouse, storage building, playhouse, wading pool or
swimming pool incidental to the residential use of the
premises and not operated for gain, subject to the
following requirements:
(a) Any swimming pool shall be completely enclosed
with a permanent chalnlink or similar-type fence
of not more than two-inch mesh, not less than
.four (4) feet in height, erected, maintained and
provided with a self-closing, seif-latching gate to
prevent unauthorized use of the pool and to
prevent accidents. However, if said pool is located
more than four (4) feet above the ground, then a
fence is not required, provided that all points of
access to said pool are adequately protected by a
self-closing, self-latching gate. Any swimming
pool in existence at the effective date of the
provisions of this subsection shall, within one (1)
year from such date, comply with ail of the
provisions hereof. [Amended 2-1-83 by L.L. No. 2-
1983]
(3) Private garages; provided, however, that not more
than two (2) passenger automobile spaces in such
garages may be leased to persons not resident on the
premises.
(4) [Amended 2-1-83 by L.L. No. 2-1983] The storage of
either a boat or travel trailer, owned and used by the
owner or occupant of the premises on which such boat
or travel trailer is stored, for his personal use, subject
to the following requirements:
(a) Such boat or trailer shall not exceed thirty (30)
feet in length.
(b) Such boat or trailer shall be stored only in the
required rear yard, and the area occupied therefor,
together with the area of all buildings in the rear
yard, shall not exceed forty percent (40%) of the
area of the required rear yard.
' ~ 10025
§ 100-30
(5)
(6)
SOUTHOLD CODE
§ 100-30
(c) Such boat or trailer shall uot be located within
fifteen (15) feet of any street or lot line.
Horses and domestic animals other than household
pets, provided that such shall not be housed within
forty (40) feet of any lot Hne. Housing for flocks of
more than twenty-five (25) fowl shall not be con-
structed within fifty (50) feet of any line. [Amended 5-
29-73; 5-30-75 by L.L. No. 3-1975]
The following signs, subject to the supplementary
sign regulations hereinafter set forth:
(a) One (1) indirectly illuminated nameplate or
professional sign not more than two (2) square
feet in area.
(b) Not more than three (3) signs with a combined
total area of not more than seventy-two (72)
square feet, no one (1) of which shall be larger
than four by six (4 X 6) feet in size, advertising
only the sale of farm, garden or nursery products
produced or grown on the premises or of animals
raised on the premises.
(c) One (1) real estate sign, either single- or double-
faced, not larger than three by four (3 x 4) feet in
size on any one (1) or mom lots, advertising the
sale or lease of only the premises on which it is
maintained, and set back not less than ten (10)
feet from any lot line.
(d) One (1) sign, either single- or double-faced, not
exceeding twenty-four (24) square feet in size, set
back at least thirty-five (35) feet from the street
line and ten (10) feet from either side line, ad-
vertising the sale or lease of acreage or the sale of
lots in a subdivision having a continuous frontage
of five hundred (500) feet or more.
(e) One (1) bulletin board or other announcement or
identification sign for uses permitted in § 100-
10026
§ ~100.30
(7)
ZONING § 100-31
30B(2), (3), (4), (6), (7) and (10) hereof, not more
than thirty.two (32) square feet in area, located
not less than five (5) feet from any street or lot
line.
(f) Such other signs as may be authorized as a
special exception by the Board of Appeals as
hereinafter provided.
[Added 5-29-73] Yard sales, attic sales, garage sales,
auction sales or similar.type sales of personal proper~y
owned by the occupant of the premises and located
thereon, subject to the following requirements:
(a) Not more than one (1) such sale shall be
ducted on any lot in any one (1) calendar year.
(b) Adequate supervised parking facilities shall be
provided.
(c) No signs, except one (1) on-premises sign not
larger than three by four (3 x 4) feet in sL~e,
displayed for a period of not longer than one (1)
week immediately prior ~o the day of such sale,
shah be permitted.
(d) A permit is obtained therefor from the Building
Inspector upon the payment of a fee of fifteen
dollars ($15.).
§' 100-31. Bulk and parking requirements. [Amended 8-9-83 by
L.L. No. 9-1983]
No building or premises shall be used and no building or part
thereof shall be erected or altered in the A Residential and
Agricultural District, unless the same conforms to the following
bulk and parking requirements:
A. 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 (40,000) square feet, a single-
family dwelling may be constructed thereon, provided that
§ 100-31 SOUTHOLD CODE § 100-31
the requirements of Column A of the Bulk and Parking
Schedule incorporated into this chapter are complied with.'
B. The bulk and parking requirements for single-family dwell.
ings. as set forth in Column A-40 of the Bulk and Parking
Schedule incorporated into this chapter, shall apply to the
following lots:
All lots shown on major and minor subdivision maps
which were granted final approval by the Planning
Board prior to May 20, 1983. [Amended 10-4-83 by
L.L. No. 10-1983]
Ail lots shown on major subdivision maps upon which
the Planning Board has held a hearing for preliminary
map approval prior to May 20, 1983.
131 All lots shown on minor subdivision maps that have
been granted sketch plan approval by the Planning
Board prior to May 20, 1983.
(4) All lots set off or created by approval of the Planning
Board subsequent to November 23, 1971, and prior to
May 20, 1983.
C. The bulk and parking requirements for single.family dwell-
ings set forth in Column A-80 of the Bulk and Parking
Schedule incorporated into this chapter shall apply to the
following lots:
(11 All lots shown on minor subdivision maps which have
been granted sketch plan approval by the Planning
Board on or after May 20, 1983.
12) All lots shown on major subdivision maps upon which
the Planning Board has held a hearing for preliminary
map approval on or after May 20, 1983.
131 All lets set off or created by approval of the Planning
Board on or after May 20, 1983.
D. The bulk and parking requirements for two-family dwell-
ings set forth in Column A-160 of the Bulk and Parking
' Edilor'~ Nole: The Bulk and Parking Schedule is included at the end of this
-(
10028 ~o-25-~
§ 100-31 ZONING § 100-31.1
Schedule incorporated into this chapter shall apply to the
following lots:
(1) All lots shown on minor subdivision 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
approval on or after May 20, 1983.
(3) All lots set off or created by approval of the Planning
Board on or after May 20, 1983.
100-31.1. Relief from bulk and parking requirements. [Added
10-4-83 by L.L. No. 11-1983]
A. Findings.
(1) On May 16, 1983, the Town Board enacted Local Law
No. 7-1983, which increased the minimum area, w~d~h,
depth and yard requirements of lots located in the A
Residential and Agricultural Districts, as of its ef-
fective date of May 20, 1983.'
(2) On August 9, 1983, the Town Board enacted Local
Law No. 9-1983,2 which excepted certain subdivision
maps from the lot area, width, depth and yard re-
quirements specified in said Local Law No. 7-1983.
(3) The Town Board has now ascerlmined that there exist
many owners of land who had expended time and
money in the preparation of subdivision maps con-
forming to the zoning requirements in effect prior to
May 20, 1983, but, due to circumstances beyond their
control, were unable to have such subdivision maps
approved by the Planning Board prior to May 20,
1983.
(4) The Town Board finds that, in such instances, it would
be inequitable to require such ]and owners to conform
Editor's Note: See the Bulk and Parking Schedule, located at the end o! this
§ 100-31.1 SOUTHOLD CODE § 100-31.1
to the requirements established by Local Law No. 7-
1983, and that such owners should be given an op-
portunity to petition the Town Board to request that
the provisions of the Bulk and Parking Schedule in
effect prior to May 20, 1983, shall apply to the sub-
division described in said petition.
B. Subdivision maps affected. The provisions of this section
shall apply to the following subdivision maps:
(1) Minor subdivision maps for which an application for
sketch plan approval was fi]ed with the Planning
Board prior to March 20, 1983.
(2) Major subdivision maps for which an application for
sketch plan approval was filed with the Planning
Board prior to January 1, 1983.
C. Time of filing petitions. Petitions for the relief provided for
in this section shall be filed with the Town Clerk within six
{6) months of the effective date of this section.
D. Contents of petition. The petition shall be verified by the
owner of the property and shall set forth such facts as the
petitioner deems appropriate to indicate that the petitioner
had filed an application for sketch plan approval of the
subdivision map involved, that the petitioner thereafter
diligently and in good faith prosecuted such application
and that final approval of said subdivision map was not
granted by the Planning Board prior to May 20, 1983, due
to circumstances beyond the control of the petitioner.
E. Procedures.
(1) Upon the receipt of a petition, the Town Board shall
refer the same to the Planning Board and the Suffolk
County Planning Commission (if required by Article
XIII of the Suffolk County Charter) for their written
recommendations.
12) Upon receipt of the written recommendations of the
aforesaid planning agencies, the Town Board shall
hold a public hearing on said petition upon not less
10028.2 ~o- :5- s~
§ 100-31.1 ZONING § 100-36
than ten (10) days' written notice published in the
official town newspapers.
(3) After such hearing, the Town Board shall take such
action on such petition as it deems appropriate.
F. Fees. Every petition for relief provided for in this section
shall be filed with the Town Clerk and shall be ac-
companied by a fee of one hundred dollars ($100.).
§ 100-32. Accessory buildings.
In the A Residential and Agricultural District, accessory
buildings and structures or other accessory uses may be located in
the required rear yard, subject to the following requirements:
A. Such buildings shall not exceed eighteen (18) feet in height.
B. Such buildings shall be set back not less than three (3) feet
from any lot line.
C. All such buildings in the aggregate shall occupy not more
than forty percent (40%) of the area of the required rear
yard.
§ 100-33. Established front yard setback. [Amended 5-29-73]
Where property in the vicinity is improved with permanent
dwellings with a front yard area of less than that required by the
provisions of this chapter, the front yard setback shall be the
average setback of the existing dwellings within three hundred
(300) feet of the proposed dwelling on the same side of the street,
within the same block and the same use district.
§§ 100-34 through 100-36. (Reserved)'
(Cont'd on page 10029)
10028.3
§ 100-40 ZONING § 100-40
ARTICLE IV
M Light Multiple-Residence District
§ 100-40. Use regulations.
In an M District, no building or premises shsll 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. [Amdnded 5-30-75 by L.L. No. 3-1975] Permitted uses,
subject to site plan approval of the Plannl,g Board in
accordance with Article XIII hereof.
{1) Any permitted use set forth in, and as regulated by,
§ 100-30A of this chapter.
(2) Multiple dwellings not exceeding one hundred twenty-
five {125) feet in length designed for and occupied by
not more than four (4) families.
(3) Boarding- and tourist houses.
B. Uses permitted by special exception by the Board of
Appeals. The following uses are permitted as a special
exception by the Board of Appeals, as hereinafter
provided, and subject to site plan approval by the Planning
Board in accordance with Article XIII hereof:
(1) Any special exception use set forth in. and as regulated
by, § 100-30B of this chapter, except that the use set
forth in § I00-30B(16) shall not require site plan approval.
[Amended 7-1-86 by L.L. No. 5-19861
C. Accessory uses.
(1) Any accessory use set forth in, and as regulated by,
§ 100-30C of this chapter.
(2) Accessory uses on the same lot with and customarily
incidental to any permitted use and not involving a
separate business.
(3) Signs, subject to the following requirements:
(a) One (I) advcrtisin/z sign. either single- or double-
faced, not more than fifty {50) square fi,t~t in art,a,
10029
§ 100-40
SOUTHOLD CODE
§ 100-50
the lower edge of which shall not be less than four
(4) feet above the ground, exclusive of pillars and
posts, and the upper edge of which shall not project
more than fifteen (15) feet six (6) inches above the
ground. Such sign shall advertise only the business
conducted on the premises upon which it is located.
Such sign shall be set back not ]ess than five (5) feet
from all street and lot lines. Such sign shall comply
with all of the supplementary sign regulations here-
inafter set forth.
§ 10041. Bulk, area and pe~k;ng requirements.
No building or premises shall be used and no building or part
thereof shall be erected or altered in the M Light Multiple.
Residence District unless the same conforms with the Bulk and
Parking Schedule incorporated into this chapter by reference,
with the same force and effect as if such regulations were set forth
herein in full.'
§ 100-42. Livable floor area. [Added 5-30-75 by L.L. No. 3-1975]
Each dwelling unit in a multiple dwelling in the M Light
Multiple-Residence District shall have a livable floor area of not
less than eight hundred fifty {850~ square feet, except that a one-
bedroom or studio dwelling unit shall have a livable floor area of
not less than six hundred (600~ square feet.
ARTICLE V
M-1 General Multiple-Residence District
§ 100-50. Use regulations.
In an M-1 District, no building or premises shall be used, and no
building or part of a building shall be erected or altered which is
10030
§ 100-50 ZONING § 100.51
arranged, intended or designed to be used, in whole or in part, for
any use except the following:
A. Permitted uses.
(1) Any permitted use set forth in, and as regulated by,
§§ 100-30A and 100-40A of this chapter.
B. Uses permitted by special exception by the Board of
Appeals. The following uses are permitted as a special
exception by the Board of Apeals, as hereinafter provided,
and subject to site plan approval by the Planning Board in
accordance with Article XIII hereof:
(1) Any special exception use set forth in, and as regulated
by, § 100-30B of this chapter, except that the use set
forth in § 100-30B(16) shall not require site plan approval.
[Amended 7-1-86 by L.L. No. 5-1986]
(2) Marinas for the docking, mooring or accommodation of
noncommercial boats.~
(3) Multiple dwellings.
(4) Hotels and motels.
(5) Tourist camps.2
C. Accessory uses.
(1) Any accessory use set forth in, and as regulated by,
§§ 100-30C and 100-40C of this chapter.
(2) Accessory uses on the same lot with and customarily
incidental to any permitted use and not involving a
separate business.
(3) Signs as set forth in § 100-40C(3) of this chapter.
[Added 2-1-83 by L.L. No. 2-1983]
§ 100-51. Bulk, area and parking requirements.
No buildings or premises shall be used and no building or part
thereof shall be erected or altered in the M-1 General Multiple-
§ 100-51 SOUTHOLD CODE § 100-55.1
Residence District unless the same conforms with the "Bulk and
Parking Schedule" incorporated into this chapter by reference,
with the same force and effect as ff such regulations were set forth
herein in full.
§ 100-52. Building length and separation.
A. No buildlng shall exceed one hundred twenty-five (125) feet
in length.
B. The minimum distance between principal buildings shall be
equal to two (2) times the height of the hlghe~t building,
and the minimum distance between a principal and an
accessory building shall be twenty (20) feet.
C. Any inner court shall have a wlnlmum dimension of sixty
(60) feet, and any outer court shall have a minimum
dimension of twenty (20) feet, and its depth shah not exceed
its width.
§ 100-53. Livable floor area. [Added 5-30-75 by L.L. No. 3-1975]
Each dwelling unit in a multiple dwelling in the M-1 General
Multiple-Residence District shall have a livable floor area of not
less than eight hundred fifty (850) square feet, except that a one-
bedroom or studio dwelling unit shall have a livable floor area of
not less than six hundred (600) square feet.
ARTICLE VA
AHD Affordable Housing District
[Added 7-1-86 by L.L. No. 6-1986]
§ 100-55.1. Purpose.
The purpose of the Affordable Housing District is to provide the
opporlullily within certain areas of the town for the development of
high- e sty housing for fami es of moderate income.
§ 100-55.2 ZONING § 100-55.2
§ 100-55.2. Definitions.
For the purpose of this Article. the fo]lowing' termsl phrases and
words shall have the following meanings:
CONSUMER PRICE INDEX -- The consumer price index.
as published by the United States Department of Labor. Bu-
reau of Labor Statistics. for the New York Metropolitan area.
DIRECTOR -- The Director of Community Development for
the Town of SouthoId.
MODERATE INCOME FAMILY -- A family whose aggre-
gate annual income, including the total of all current annual
income of all family members [excluding the earnings of
working family members under age twenty-one (21)]. from
any source whatsoever, at the time of application for the pur-
chase or lease of an affordable housing unit or the purchase of
an unimproved affordable lot. does not exceed thirty-nine
thousand dollars ($39.000.). which annual income shall be re-
vised each year on January 31 to conform to the previous year's
change in the consumer price index.
MODERATE-INCOME-FAMILY DWELLING UNIT-- A
dwelling unit reserved for rent or sale to a moderate income
family and for which the maximum monthly rent (excluding
utilities) or the maximum initial sales price does not exceed
the maximum rent or maximum sales price set forth in
§ 100-55.7E hereof.
MODERATE-INCOME-FAMILY UNIMPROVED LOT --
An unimproved lot reserved for sale to a moderate income
family and for which the maximnm initial sales price, inclu-
sive of the cost of providing public water anti/or public sewer
service to the lot. does not exceed the maximum sales price
set forth in § 100-55.7E hereof.
PERMANENT FIXED IMPROVEMENT -- An impr.ve-
ment to a lot or a moderate-income-family dwelling unit
wl~ich camlot lie removed without substantial damage to the
premises or h~tal loss of value of said imlwoVt, ments.
§ 100-55.?, SOUTHOLD CODE § 100-55.5
§ 100-55.3. Lands applicable to establishment of district.
AHD Districts shall be established by application to the Town
Board, pursuant to the procedures hereinafter specified, on parcels
of land located within the following areas:
A. Land within a one-half-mile radius of the post offices located
in the hamlets of Mattituck, Cutchogue, Peconic and Southold.
B. Land within a one-fourth-mile radius of the post offices located
in the hamlets of East Marion and Orient.
C. Land within one-fourth (¼) mile of the boundaries of the In-
corporated Village of Greenport.
D. Land in such ot~er 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 news-
papers.
§ 100-55.4. 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:
(11 One-family detached dwellings.
{2) Two-family dwellings.
(:I) Multiple dwellings.
B. Accessory uses as set forth in, and regulated by, § 100-30C(1).
(2). I,'t). (41. (6) and (7) of this chapter.
§ 11111-55.5. liolk, area and parking requirements: schedule.
No lmihting or premises shall be used, and no buikling or part
ti!m'~,t}!' ~:hu]l he erected or altered in the AIID District. unless the
siune c.nl'~u'llls to the following llulk, Area ;tod Parking Schedulu.
§ 100-55.5 ZONING ~ 1()0-55.(;
§ 100-55.6. Planning and zoning procedure.
A. Application procedure. The procedure for planning and zon-
ing 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.
(2) Approval of a final, detailed site plan and subdivision
plat approval, if required, by the Planning Board.
B. Application to the Town Board for rezoning approval. Four
(4) copies of the application for the establishment of an AHl)
District shall be filed with the Town Clerk, who shall submit
a copy to the Town Board at its next regular scheduled meet-
ing. The application shall contain at least the following infm'-
maLion:
(ll The names and addresses of the property owners and all
otJn,r persnlls ilavin~ Ull [lllel'est ill the propel'Ly; tile
name and address of tile applicant (if not the owner): and
Lhe names and addresses o1' any planners, eu~rineers, al'-
10035
§ 100-55.6
(2)
(3l
(4)
(5)
SOUTHOLD CODE
§ 100-55.6
(al
gaged or proposed to be engaged to perform work and/or
services with respect to the project described in the
application.
If the applicant is not the owner of the property, written
authorization of the owner or owners authorizing the
applicant to submit the application on behalf of the
A written statement describing the nature of thc pro-
posed project and how it will be designed to fulfill the
purposes of this Article, incIuding its consistency ~vith
the Town Master Plan; an analysis of the site's relation-
ship to adjoining properties and the surrounding neigh-
borhood; the availability and adequacy of community fa-
cilities and utilities, including public water and public
sewer systems, to serve the needs of the project and the
residents therein: the safety and capacity of the street
system in the area in relation to the anticipated traffic
generated; and such other information as deemed neces-
sary by the Town Board and/or the Planning Board to
enable them to properly review and act upon the appli-
cation.
A written statement describing the proposed method of
ownership, operation and maintenance of all proposed
common utilities, including public water and sewer fa-
cilities, and open land located within the proposed devel-
opment.
A preliminary development concept plan for the pro-
posed project, drawn to a convenient scale and including
the following information:
The total area of the property in acres and square
feet.
A map of existing terrain conditions, including topog-
,'aplkv with a vertical contour interval of no nnn'c
than two (2) feet, identification of soil types (includ-
ing wetlands), existing drainage features, m;kiot'
rock outcroppings, the extent of existing wootlc([
areas and other si~'nificant vegetation, and othcr
significant features of thc property.
§ 100-55.6 ZONING § 100-55.6
{c) A site location sketch indicating the location of the
property with respect to neighboring, streets and
properties, including the names of ail owners of
property within five hundred (500) feet therefrom,
as shown on the last completed town assessment
roll. Such sketch shall also show the existing zoning
of the property and the location of all zoning district
boundaries in the surrounding neighborhood.
(d) A preliminary site development plan indicating the
approximate location, height and design of all build-
ings: the arrangement of parking areas and access
drives; and the general nature and location of all
other proposed site improvements, including rec-
reational facilities, landscaping and screening, thc
storm drainage system, water and sewer connec-
tions, etc.
(el 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 fami-
lies and the ratio of the same to all proposed dwell-
ing units and lots in the development.
(fl A generalized time schedule' for the staging and
completion of the propo~d project.
(gl An application fee in the amount of fifteen dollars
($15.) for each proposed dwelling unit or five hun-
dred dollars ($500.), whichever is greater.
Referral to Planning Board. Upon the receipt of a properly
completed application for the establishment of a new AHD
District. one (l) copy of the application shall be referred to
the Planning Board for its review and rop,,rt, and one
copy shall be referred to the Suffolk County Planning Com-
mission for its review and recommendation, if reqoired by
the provisions of the Suffolk ('omlty ('hartor. Within ~ix~y
(60) days from the date of the Phmning l;oard meeting at
which such rcfl~rral is received, the Planning Roard shall r~,-
port its reemnmendations t~ the Town Board. No action shall
be taken by the Towo Board untd receipt of the l~htnnin~
10037
§ 100-55.6 SOUTHOLD CODE § 100-55.6
Board report or the expiration of the Planning Board review
period, whichever first occurs. Said review period may be ex-
tended by mutual consent of the Planning Board and the
applicant.
D. Planning Board report. The Planning Board, in its report to
the Town Board. may recommend either approval of the ap-
plication for the establishment of the AHD District, with or
without modifications, or disapproval of said application. In
the event that the Planning Board recommends disapproval
of said application, it shall state in its report the reasons for
such disapproval. In preparing its report and recommenda-
tions, the Planing Board shall give consideration to the
Town Master Plan; the existing and permitted land uses in
the area; the relationship of the proposed design and location
of buildings on the site; traffic circulation, both on and off the
site; the adequacy and availability of community facilities
and utilities, including public water and public sewer sys-
tems, to service the proposed development; compliance of the
proposed development with the standards and requirements
of this Article; the then-current need for such housing; and
such other factors as may be related to the purposes of this
Article.
E. Town Board public hearing. Within forty-five (45) days from
the date of the Town Board's receipt of the Planning Board's
report and recommendation, or the expiration of the Plan-
ning Board review period, whichever first occurs, the Tmvn
Board shall hold a public hearing on the matter of establish-
ing an AHD District on the property described in the appli-
cation. Such hearing shall be held upon the same notice as
required by law for amendments to the Town Zoning Map
and/or this chapter.
F. Town Board action.
(1) Within forty-five (45) days after the date of the close of
the Imhlic hearing, the Towo Bo:tr~ shull act either te
appr, ve. apprm'e with modifications, or disapprove the
prvlintinary development concept plan and the approval
or disapproval of the establishment ~jf the AIII) District
10038
§ 100-55.6 ZONING
§ 100-55.6
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 determi-
nation approves the establishment of a new AHD Dis-
trict, the Town Clerk shall cause the official Zoning Map
to b~ amended accordingly.
(2) Approval of the establishment of an AHD 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 devel-
opment w/thin such twelve-month period. Approval of
the establishment of an AHD District shall expire eigh-
teen 118) 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 of the applicant and
upon good cause being sbewn, may in the exercise of its
discretion, extend both of the above time periods for not
more than two (2) additional periods of not more than six
i6) months each. In the event of the expiration of ap-
proval as herein provided, the AHD District shall be
deemed revoked, and the zoning classification of the
property affected thereby shall revert to/ts zoning clas-
sification that existed on the property immediately prior
to the establishment of the AHD District thereon, and
the Town Clerk shall cause the official Zoning Map to be
amended accordingly.
G. 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
10039
§ 100-55.6
(2)
SOUTHOLD CODE
§ 100-55.7
plan approved by the Planning Board in accordance
with the provisions of this Article and in accordance
with the procedures and standards for site plan approval
as set forth in Article XIII of this chapter.
Where a proposed development involves the subdivision
or resubdivision of land. no development shall proceed
until the Planning Board has granted final subdivision
plat approval in accordance with the provisions of Chap-
ter Al06 of the Town Code.
§ 100-55.7. Regulations and requirements.
A. Sewer and water,-In an AHD District. public water supply
systems and/or public sewage disposal systems shall be
provided ~o serve all dwelling units located therein.
B. Covenants and restrictions. In approving a preliminary de-
velopment 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 neces~ry to accomplish the intent and purposes
of this Article.
C. Provision for moderate-income-family dwelling units and un-
improved lots.
{ll On land within an AHD District containing ten (10)
acres or less of land. not less than forty percent (40%) of
the dwelling units and/or unimproved lots located there-
in shall be reserved for sale or lease ~o moderate-income
families.
(2) On land within an AHD District containing more than
ten (10) acres of land. not less than fifty percent (50%) of
the dwelling units and/or unimproved lots therein shall
be reserved for sale or ]ease to moderate-income families.
[Amended 11-18-86 by L.L. No. 14-1986]
10040
(_
O(
§ 100-55.7 ZONING § 100-55.7
D. Eligibility. In each AHD District, the sale or lease of dwelling
units reserved for moderate-income families and the sale of
unimproved lots reserved for sale to moderate-income families
shall be allocated on a priority basis, in the following order:
(1) First to eligible applicants employed in the Town of
Southold.
(2) Second to eligible applicants who reside in the Town of
Southold. in the order of length of residence in the town.
(3) Third. to all other eligible applicants.
E. Maximum sales price and monthly rent.
(1) In an AHD District, the maximum initial sales price of a
dwelling unit or unimproved lot reserved for sale to
moderate-income families shall be as folloxx~
(a) Unimproved lot containing an area of ten thousand
(10.000) square feet: twenty-five thousand dollars
($25.000.1.
(b) Attached dwelling unit: sixty thousand dollars
($60.0003.
(c) Single-family detached dwelling unit: seventy-five
thousand dollars ($75.000.).
(2) 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: three hundred dollars ($300.).
(b) One-bedroom dwelling unit: four hundred dollars
($4003.
(c) Two-bedreom dwelling unit: five hundred dollars
($500.).
(d) The provisions of this § 100-55.7E(2) shall remain
in effect as to each dwelling unit for a period of fif-
teen (15) years from the date of the initial lease
thereof.
§ 100-55.7 SOUTHOLD CODE § 100-55.7
~3l The maximum sale prices and monthly rents set forth in
§ 100-55.7E(1) and (2) hereof shall be revised each year
on January 31 to conform to the previous year's change
in the consumer price index.
F. Resale price of dwelling units and unimproved lots.
~ 11 Dwelling units in an AHD District reserved for moderate-
income families may be resold to moderate-income fami-
lies. provided that the maximum resale price does not
exceed the purchase price plus the cost of permanent
fixed improvements, adjusted for the increase in the con:
sumer price index during the period of ownership of
such dwelling unit and such improvements, plus reason-
able and necessary resale expenses.
Unimproved lots in an AHD District reserved for mod-
erate-income families may be resold to moderate-income
families, provided that the maximum resale price does not
exceed the purchase price for such lot adjusted for the
change in the consumer price index for the period dur-
ing which such lot was owned by the resale seller, plus
reasonable and necessary resale expenses.
(3) Where an unimproved lot in an AHD District reserved
for moderate-income families is improved ~vith a dwell-
ing unit. the maximum resale price shall be determined
in the manner specified in § 100-55.7F(1) hereof.
(4~ Notwithstanding the provisions of § 100-55.7F(1), (2) and
(3) hereof, the Director may authorize the resale of a
(Cont'd on page 10042.1)
10(142 ~z- z5- sa
§ 100-55.7 ZONING § 100-55.$
dwelling unit or unimproved lot reserved for moderate
income families at a price in excess of the maximum re-
sale price specified in § 100-55.7F(1), (21 and 13) hereof
under the following conditions:
la) That the owner of such dwelling unit file an appli-
cation with the Director requesting approval of
such resale, setting forth in detail the calculation
for the determination of the maximum re.~alc price,
the proposed resale price and such other informa-
tion and documentation as the Director shall request.
That the portion of the resale price in excess of thc
maximum allowable resale price shall be divided
between the resale seller and the toxvn in the follow-
lc)
ing proportions:
Year of Resale Percentage Percentage
After Purchase to Owner to Town
1st 0 100
2nd 20 80
3rd 40 60
4th 6O 4O
5th 80 20
6th 90 10
All money received by the town pursuant to the
provisions of the preceding Subsection F(4gb) shall
be deposited in separate accounts and shall be ex-
pended only for the purposes of this Article in such
manner as shall be determined by the Town Board.
§ 100-55.8. Administration.
A. General duties of Director.
(1) Tlu, l)irvctor shall he r~'sponsihle fin' the administration
of dwelling units and unJmprovud lots reserved for ni,M-
erute income families in all AIID Districts pursuant to
t he provisioos of this A rliclo.
111042. I
§ 100-55.8 SOUTHOLD CODE § 100-55.8
(2) The Director shall promulgate and maintain informa-
tion and documentation of all dxvelling units and unim-
proved lots reserved for moderate income families in all
AHD Districts; the number thereof available for sale or
lease at all times; the sale prices and monthly rent for
such dwelling units and lots; and the names and ad-
dresses of eligible families desiring to purchase or lease
the same, together with a priority list of such families.
The Director shall maintain such other records and doc-
uments as shall be required to properly administer the
provisions of this Article.
B. Interagency cooperation.
(1) Whenever the Town Board approves the estabIishment
of an AHD District. a copy of such determination shall
be filed with the Building Inspector and the Director.
together with a copy of any agreements and/or covenants
relating thereto.
(2) Whenever the Planning Board approves a subdivision
plat and/or a site plan affecting land within an AHD
District, a copy thereof shall be filed with the Building
Inspector and the Director, together with copies of any
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 dwelling units and/or unimproved
lots located in an AHD District and reserved for sale or
lease to moderate income families, a copy thereof shall
be filed with the Director.
C. Procedure.
Whenever the Building Inspector receives an application
for a certificate of occupancy for a dwelling unit or un-
improved lot located in an AItI) District and reserved
for sale or lease to moderate income families, the l-luihl-
lng Inspector shall file a copy thereof with the I)irector.
who shalI inform the owner und/m' person filing such
application of the maximum sules price or monLhly rent
§ 100-55.8
ZONING § 100-55.8
for such dwelling unit or lot as well as eligibility re-
quirements for families seeking to purchase or lease
sueb dwelling units or lot~.
(2) No certificate of occupancy may be issued by the Build-
ing Inspector until the Director has supplied the Build-
ing Inspector with the information provided for in the
preceding subsection and the Building Inspector deter-
mines that the issuance of the certificate of occupancy
will not permit a u~, occupancy, sale or lease of a dwell-
in'g unit or unimproved lot in violation of the provisions
of this Article.
(3) The Director shall certify the eligibility of all applicants
for lease or purchase of dwelling units and unimproved
tots ceserved for moderate income families. An owner of
dwelling units and unimproved lots in an AHD District
which are reserved for sale or lease to moderate income
families shall not sell or lease the same to any p.-rson
who does not possess a certificate of eligibility' issued by
the Director. A violation of the provisions of this subsec-
tion shall constitute grounds for the revocation of a cer-
tificate of occupancy.
(4) On or before March 31 of each year, the Director shall
notify the owner or manager of dwelling units and un-
improved lots reserved for moderate income families of
the monthly rent, sale price and income eligibility re-
quirements for such units and lots based upon data de-
rived from the preceding year.
(5) The owner or manager of dwelling units and unim-
proved lots reserved for moderate income families shall
certify in writing to the Director on or before May 31 of
each year that the sale und/or lease of such dwelling traits
and lots comply with the provisions of this Article anti
this chaptor.
When a dwelling unit reserved 5u' lea..e to moderate m-
come families is to be rentod, the lease for such unit shull
not exceed a term of two 12} yeurs.
§ 100-55.9 SOUTHOLD CODE § 100-60
§ 100-55.9. Applicability.
All of the provisions nf the Code of the Town of Southold not incon-
sistent or in conflict with the provisions of this Article shall be appli-
cable in the AHD District.
ARTICLE VI
B Light Business District
§ 100-60. Use regulations.
In a B District. no building or premises shall be used, and no
building or part of a~ouilding shall be erected or altered, which is
arranged, intended or designed to be used. in whole or in part, for
any uses except the follo~ving:
A. Permitted uses, subject to site plan approval by the
Planning Board in accordance with Article XIII hereof.
[Amended 10-26-76 by L.L. No. 5-1976; 2-1-83 by L.L. No.
2-1983]
(1) Any permitted uses set forth in, and as regulated by,
the following provisions of this chapter:
(a) Subsection A(2) and (3) of § 100-30.
(b} Subsection A{3) of § 100-40.
{2) Business, professional and governmental offices.
Banks and financial institutions.
(4) Retail stores.
(5} Restaurants.
Bakeshops (for on-premises sale at retail).
Laundromats and similar establishments.
(8) Personal service stores and shops.
Marinas for the docking, mooring and accommodation
of noncommercial boats, including the sale of fuel and
oil primarily for the use of boats accommodated in
such marina.~
lOf)12..l , - ,,.
§ 100-60 ZONING § 100-60
B. [Amended 7-1-86 by L.L. No. 5-1986] 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. except for the uses set forth in
Subsection B(2) hereof, are subject to site plan approval by
the Planning Board in accordance with Article XIII hereof:
~1) [Amended 10-26-76 by L.L. No. 5-1976] Any special
exception use set forth in, and as regulated by, the
following provisions of this chapter:
(a) Subsection B(2) to (13), inclusive, of § 100-30.
(b) Subsection B(2), (4) and (5) of § 100-50.
(2) Special exception uses set forth in and as re2',lated by
§ 100-30B(16) of this chapter. [Added 7-1-86 by L.L.
No. 5-1986]
C. Accessory uses. [Amended 5-30-75 by L.L. No. 3-1975; 10-
20-76 by L.L. No. 5-1976]
(1) Accessory uses on the same lot with and customarily
incidental to any permitted use and not involving a
separate business.
{2) Signs, subject to the following requirements:
(a) Detached or ground signs. One (1} sign, single- or
double-faced, not more than six {6) feet six {6)
inches in height and twelve (12) feet six (6) inches
in width, the lower edge of which shall be not less
than four {4) feet above the ground and the upper
edge of which shall not extend more than fifteen
{15) feet six (6) inches above the ground, which
sign shall be set back not less than five {5) feet
from all street and property lines and shall ad-
vertise only the business conducted on the
premises. As used in this subsection, the word
"premises" shall mean all contiguous property in
common ownership.
(b) Wall signs. One {1) sign attached to or in-
corporated in each building wall on a public street
§ 100-60
{c)
SOUTHOLD CODE
§ 100-62
and advertising only the business conducted in
such building, provided that such sign does not:
[1] Exceed two (2) square feet in total area for
each horizontal foot of such wall.
[2] Exceed in width one hundred percent (100%)
of the horizontal measurement of such wall.
[3] Exceed ten (10) feet in height.
[4] Project more than one (1) foot from such
wall.
RooLsigns. In lleu of a wall sign authorLzed by the
preceding Subsection C(3)(b), a roof sign shall be
permitted, provided that the same is attached to
or incorporated in a roof, which sign shall ad-
vertise only the business conducted in the
building upon which it is attached, and provided
that such sign does not:
[1] Exceed two (2) square feet in total area for
each linear foot of such roof.
[2] Extend above the highest point of the roof in
the case of a pitched roof, and in all other
cases, exceed two (2) feet six (6) inches in
height above the highest point of the roof.
[3] Project beyond the edge of the roof.
O(
§ 100-61. Bulk, area and parldng requirements.
No building or premises shall be used and no building or part
thereof shall be erected or altered in the B Light Business District
unless the same conforms with the "Bulk and Parking Schedule"
incorporated into this chapter by reference, with the same force
and effect as if such regulations were set forth herein in full.
§ 100-62. Retail shopping centers.
Notwithstanding any other provisions of this Article, a building
or a combination of buildings containing retaiJ stores, mercantile
§ I00-62 ZONING § 100-63
establishments, offices, banks and financial institutions, com-
monly known as shopping centers, may be erected or altered in the
B Business District, subject, however, to the following
~equirements:
A. Approval of site development plans by the p]~nnlng Board
in accordance with Article XIII hereof.
B. The lot area shall be not less than one (1) acre and the lot
width shall be not less than one hundred fifty (150) feet.
C. At least twenty-five percent (25%) of the lot area shall be
l~ndscaped with grass and plantings.
D. The required front yards shall be not less than thirty-five
(35) feet, except that where the property in the vicinity is
partly built up with permanent buildings and an . :~rage
setback llne has been established, no building shall project
beyond the line of the average setback so established.
E. The required side yards shall be not less than twenty-five
(25) feet.
F. The required rear yard shall be not less than twenty-five
(25) feet.
G. Parking shall be provided in off-street parking areas which
shall provide one (1) parking space, three hundred fifty
(350) square feet in area, for each one hundred (100) square
feet of sales floor area or office floor area in each building.
[Amended 5-29-73]
H. All rainfall and stormwater accumulated on the premises
shall be returned to the ground within the boundaries of
the premises.
I. The total floor area for each retail or service establishment
located therein shall not exceed ten thousand (10,000)
square feet.
§ 100-63. Uses confined to enclosed buildings. [Amended 5-30-75
by L.L. No. 3-1975]
All uses permitted in a B District, including thc display and
sale of merchandise and the storage of all property, except living
§ 100-63 SOUTHOLD CODE § 100-70
plants, shrubs or ti'ees, shall be confined to fully enclosed
buildings on the prem/ses.
ARTICLE VII
B-1 General Business District
§ 100-70. Use regulations.
In the B-1 District, no building or premises shall be used, and
no building or part thereof shall be erected or altered which is
arranged, intended or designed to be used, in whole or in part, for
any uses except the ~foll?wing:
A. Permitted use~, subject to site plan approval by the
Planning Board in accordance with Article XIII hereof.
[Amended 7-31-73; 10-26-76 by L.L. No. 5-1976; 2-1-83 by
L.L. No. 2-1983]
(1) Any permitted use set forth in, and as regulated by,
the following provisions of this chapter:
(a) Subsection A(2) and (3) of § 100-30.
(b) Subsection A(3) of § 100-40.
(c) Subsection A(2) to (9), inclusive, of § 100-60.
(d) Section 100-62.
P,. [~,men(led 7-1-86 by L.L. No. 5-1986] 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 hcrcimfftcr provided, and, except for the uses set forth in
Subsection B(7) hereof, are subject to site plan approval by
the Planning Board in accordance with Article XIII hereof:
(1) [Amended 10-26-76 by L.L. No, 5-1976] Any special
exception use set forth in, and as regulated by, the
following provisions of this chapter:
{al Subsection Bi2} to (13), inclusive, of § 100-30.
{b) Subsection Bi2}, (4) and (5) of § 100-50.
(2) Places of amusement.
§ 100-70 ZONING § 100-70
(3) Fishing stations.
(41 Public garages, gasoline service stations and new and
used car lots, all subject to the following
requirements:
Entrance and exit driveways shall have an
unrestricted width of not less than twelve 112)
feet and not more than thirty 130~ feet and shall
be located not less than ten (10} feet from any
property line, and shall be so laid out as to avoid
the necessity of any vehicle backing out across
any public right-of-way.
(b) Vehicle lifts or pits, dismantled automobiles and
all parts or supplies shall be located within a
building.
All service or repair of motor vehicles, other than
such minor servicing as change of tires or sa~e of
gasoline or oil, shall be conducted in a building.
(d) The storage of gasoline or flammable oils in bulk
shall be located fully underground and not less
than thirty-five (35) feet from any property line
other than the street line.
(e) No gasoline or fuel pumps or tanks shall be
located less thRn fifteen (15) feet from any street
or property line.
(f) No motor vehicle sales, used car lots, gasoline
service or repair shops or similar busincese$ are to
be located within three hundred (300) feet of a
church, public school, library, hospital, or-
phanage or a rest home. [Amended 5-30-75 by
L.L. No. 3-1975]
(5) [Added 4-11-78 by L.L. No. 2-1978~] Partial self-
service gasoline service stations shall be subject to all
of the provisions of § 100-70B(4), and the following
additional requirements:
§ 100-70
SOUTIIOLD CODE
§ 100-70
(a) Each partial self-service gasoline facility shall
have a qualified attendant on duty whenever the
station is open for business. It shall be the duty of
the qualified attendant to control and operate
both the console regulating the flow of gasoline to
the dispensing equipment thereafter to be
operated by the customer at the self-service pump
island and the dispensing equipment on the other
pump islands.
(b} Gasoline shall at no time be dispensed without
the direct supervision of the qualified attendant.
A control shall be provided which will shut off the
flow of gasoline to the dispensing equipment at
the self-service pump island whenever the
qualified attendant is absent from the control
console for any reason whatever, including when
he is operating the dispensing equipment on the
other pump islands.
lc) The console regulating the flow of gasoline to the
remote dispensing equipment thereafter operated
by the customer at the self-service pump island
shall be situated in such a manner as to give the
qualified attendant controlling said console an
unobstructed view of the operation of said remote
dispensing equipment.
{d) The self-service pump island shall 'have controls
on all pumps that will permit said pumps to
operate only when a dispensing nozzle is removed
from its bracket on the pump and the switch for
this pump is manually operated.
{e) The self. service pump island shall be protected by
an automatic fire protection system in the form of
an approved system of dry power release which
will act ss an automatic fire extinguisher.
No customer shall be permitted to dispense
gasoline unless he shall possess a valid motor
vehicle operator's license.
(_
§ 100-70 ZONING § I00-$0
(g) There shall be no latch-open device on any self-
service dispensing nozzle.
(6) Cabinet shops, carpenter shops, electrical shops,
plumbing shops, furniture repair shops and bicycle
and motorcycle shops. [Added 5-30-75 by L.L. No. 3-
1975]
(7) Special exception uses set forth in, and as regulatcd by.
§ 100-30B(16) of this chapter. [Added 7-1-86 by L.L.
No. 5-1986]
C. Accessory uses. [Amended 10-26-76 by L.L. No. 5-1976]
(1) Accessory uses on the same lot with and customarily
incidental to any permitted use and not involving a
separate business.
(2) Signs as set forth in § 100-60C(2) of this chapter.
[Added 2-1-83 by L.L. No. 2-1983]
§ 100-71. Bulk, area and parking requirements.
No building or premises shall be used and no building or part
thereof shall be erected or altered in the B-1 General Business
District unless the same conforms with the "Bulk and Parking
Schedule" incorporated into this chapter by reference, with the
same force and effect as if such regulations were set forth herein in
full.
ARTICLE VIII
C Light Industrial District
§ 100-80. Use regulations.
In a 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 in part, for
any purpose except the following:
§ 100-80 SOUTHOLD CODE § 100-80
A. Permitted uses.
(1) [Amended 10-26-76 by L.L. No. 5-1976] Any permitted
uses set forth in, and as regulated by, the following
provisions of this chapter:
(al Subsection A(2) and (3) of § 100-30.
B. [Amended 7-1-86 by L.L. Ne. 5-1986] Uses permitted by
special exception by the Board of Appeals, as hereinafter
provided, and except for the uses set forth in Subsection B(18)
hereof, are subject to site plan approval by the Planning
Board in accordance with Article XIII hereof:
(1) Industrial uses, including manufacturing, assembling,
converting, altering, finishing, cleaning or other
processing, handi/ng or storage of products or
materials, involving the use of only oil, gas or elec-
tricity for fuel.
{2) Research, design and development laboratories; office
buildings.
{3) Wholesale storage and warehousing.
{4) Building contractors' yards.
(5) Public utility structures and uses.
{6) Newspaper and printing establishments.
{7} Bus and truck terminals (garages, parking facilities,
loading docks, etc.).
{8) Food processing and packaging plants.
{9) Marinas for the docking and mooring of all types of
boats?4
(101 Launching facilities.
(11) Ferry terminais.
(12l Yacht clubs; charter fishing decks.
(13) Eating and drinking establishments.
§ 100-80 ZONING § 100-90
(14) Retail sales of boats and marine items.
(151 Boat building; boat servicing; boat storage facilities.
(161 Yards for sale and storage of fuel and building
materials.
(17) Special exception use. [Repealed 10-26-76 by L.L. No.
5-1976]
(18) Special exception uses set forth in, and as regulated by,
§ 100-30B(16) of this chapter. [Added 7-1-86 by L.L.
No. 5-1986]
C. Accessory uses.
(1) Accessory uses on the same lot with and customarily
incidental to any permitted use and not involving a
separate business.
(2) Signs as set forth in § 100-60C(2) of this chapter.
[Added 2-1-83 by L.L. No. 2-1983]
§ 100-81. 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 C Light Industrial
District unless the same conforms with the "Bulk and Parking
Schedule" incorporated into this chapter by reference, with the
same force and effect as ff such regulations were set forth herein in
full.
ARTICLE IX
C-1 General Indus.tri~a~'.~ct
·
A. [Amended 7-31-78; 10-26-76 by L.L. No. $-1070; ?-1~86'b¥
L.L. No. ,5-1080] In the 12-1 District. buildings and premises
may be used for any lawful purpose, except that no building~
and/or premises shall be used for hotel, motel or tourist camp[
purposes, and the uses hereinafter set forth are permitted only
{ 10042.13 9-25-86
§ 100-90 SOUTHOLD CODE § 100-90
by special exception by the Board of Appeals, as hereinafter
provided, and, except for the uses set forth in Subsection
A(48) hereof, are subject to site plan approval by the Plan-
ning Board in accordance with Article XIII hereof:
(1) Abattoirs.
(2) Acetylene gas manufacture or gas manufacture from
coke, petroleum or from any other product, or the
storage thereof.
(3) Acid manufacture.
(4) Ammonia, bleaching powder or chlorine manufacture.
(5) Arsenal.
(6) Asphalt manufacture and asphalt mixing plants.
(7) Blast furnace.
(8) Cement, lime, gypsum or piaster of paris manufac.
ture; ready-mix or bulk concrete plants and block
manufacturing.
(9) Coke ovens.
(10) Crematorles.
(11) Distillation of bones.
(12) Dwellings, all types.
(13) Explosives manufacture or storage.
(14) Fat rendering.
(15) Fertilizer manufacture.
(16) Fireworks manufacture.
(17) Garbage, offal or dead animals reduction or dumping.
(18) Glue, size or gelatin manufacture.
(19) Gunpowder manufacture or storage.
(20) Automobile wrecking yards and all other junkyards.
(21) Oilcloth or linoleum manufacture.
10042.14
§ 100-90
ZONING § 100-90
(22) Oil, rubber or leather manufacture.~
{23) Ore reduction.
(24) Paint, oil, shellac, turpentine or varnish manufacture.
{25) Paper and pulp manufacture.
(26) Petroleum refining, storage tanks.
(27) Potash works.
(28) Rolling mill.
(29) Rubber or gutta-percha manufacture.
(30) Saltworks.
(31) Sauerkraut manufacture.
(32) Shoeblacking or stove polish manufacture.
(33) Smelting.
(34) Soap manufacture.
(35) Stockyards or slaughterhouses.
(36) Stone mill or quarry.
(37) Structural steel or pipe works.
(38) Sulfuric, nitric or hydrochloric acid manufacture.
(39) Sugar refining.
(40) Tar distillation or manufacture.
(41) Tar roofing or waterproofing manufacture.
(42) Tallow, grease or lard manufacture.
(43) Tanning, curing or storage of rawhides or skins.
(44) Tobacco (chewing) manufacture or treatment.
(45) Vinegar manufacture.
(46) Yeast plant.
(47) Airports and airfields.
( 10042.15 s-zs-ss
§ 100-90
SOUTHOLD CODE
§ 100-100
(48) Special exception uses set forth in, and as regulated by,
§ 100-30B(16) of this chapter. [Added 7-1-86 by L.L.
No. 5-1986]
§ 109-91. Special exception uses; site plan approval.
~Xlotwithstanding any of the provisions of this ArticleJwhere a use
is permitted in any use district only as a special exception by the
Board of Appeals, such use is not permitted in a C-1 District except
as a special exception by the Board of Appeals, and where a use in
any use district is subject to site plan approval of the Planning
Board, such use in a C-1 District shall require site plan approval of
the Planning Board.
§ 100-92. Signs.
Signs as specified in and regulated by § 100-60C of this chapter
are permitted in a C-1 District.
§ 100-93. 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 C-1 General Industrial Dis-
trict unless the same conforms with the "Bulk and Parking Sched-
ule'' incorporated into this chapter by reference, with the same force
and effect as if such regulations were set forth herein in full.
ARTICLE X
Tourist Camps, Camp Cottages and Trailers~
§ 100-100. Permits required.
No tourist camp shall be established, maintained or operated in
any district, nor shall any tent, tent house, camp cottage, house car or
trailer to be used or occupied as a place for living, sleeping or eating,
whether charge is or is not made, be erected or placed therein, unless
authorized by the Town Board pursuant to the provisions of the
Trailer Camp O,dinance. dated June 30, 1953Y
10042.16 9- 25-s6
§ 100-101 ' ZONING § 100-110
§ 100-101. Automobile trailers or house cars.
Notwithstanding any other provisions of this chapter, a single au-
tomobile trailer or house car may be located outside a tourist camp
only when authorized by the Town Board and subject to such condi-
tions as may be prescribed by the Town Board.
§ 100-102. Exemptions.
This Article shall not be deemed to apply to the temporary or sea-
sonal camp of any unit of the Boy Scouts of America or the Girl
Scouts of America or other such organizations under the leadership
provided by said organizations, respectively.
ARTICLE XI
General Regulations
§ 100-110. Signs.
The provisions of this section shall apply in ali districts.
A. No sign, billboard, advertising display or structure, poster or
device shall be erected, moved, enlarged or reconstructed ex-
cept as expressly permitted in this chapter.
(Cont'd on page 10043)
( 10042.17 9-zs-s~
§ 100~110 ZONING § 100-112
B. The following types of signs or artificial lighting are
prohibited:
(1) Billboards.
(2) Flashing signs, including any sign or device on which
the artificial light is not maintained stationary and
constant in intensity and color at all times when in
(3) Signs which compete for attention with, or may be
mistaken for, a traffic signal.
(4) The outlining by direct illumination of all or any part
of a building, such as a gable roof, side wall or corner.
(5) Signs made out of cardboard, paper, canvas or similar
impermanent material.
§ 100-111. Continuation of existing signs.
Notwithstanding any other provisions of this chapter, any sign
in existence at the effective date of this chapter, as first enacted in
1957, which does not conform to the provisions of this chapter,
shall, within five (5) years from such date, be discontinued unless
its continuance is authorized as a special exception by the Board
of Appeals as hereinafter provided.
§ 100-112. Off-street parking areas.
Off-street parking spaces, open or enclosed, are permitted
accessory to any use, subject to the following provisions:
A. Schedule of parking requirements. Accessory off-street
parking spaces, open or enclosed, shall be provided in all
use districts for any use specified below. Any land which is
developed as a unit under single ownership and control
shah be considered a single lot for the purpose of these
parking regulations. Reasonable and appropriate off-street
parking requirements for structures and uses which do not
fall within the categories listed below shall be determined
by the Planning Board upon consideration of all factors
entering into the parking needs of each use.
10043
§ 100-112
SOUTHOLD CODE
§ 100.112
Type of Use
Places of worship, libraries
and other public buildings
Golf courses and other coun-
try clubs
Secondary schools
Elementary schools
Hospitals, sanitaria, nursing
homes, philanthropic or elee-
mosynary institutions
Rooming houses
Eating and drinking places
Undertakers and funeral homes
Hotels andmotels
Bowling alleys
Home occupation or accessory
professional office, except
physicians and dentists
Professional office of physi-
cian or dentist
Number of Parking Spaces
At least 1 for each 200 square
feet of floor area, but. not, less
than 1 for each 5 seats'.'where
provided
At least 1 for each 2 members
or accommodations (such~:,as
lockers), whichever is greater
2 spaces per classroom, plus 1
space for each 5 seats in any
auditorium or place of
assembly
2 spaces per classroom, plus 1
space for each 5 seats in any
auditorium or other place of
assembly
At least 1 for each bed
At least 1 for each guest room
At least 1 for each 5 seats
At ]east 1 for each employee,
plus 25 spaces for each chapel
At least I for each guest room,
plus 1 for each employee
5 spaces per alley
3 spaces per home occupation
or accessory professional office
5 spaces per each physician or
dentist
B. Areas computed as parking spaces. Areas which may be
computed as open or enclosed off-street parking spaces
include any private garage, carport or other area available
for parking, other than a street or a driveway. However, a
driveway within a required front yard for a one-family or
0044 ~- ~5- ss
§ 100-112 ZONING § 100-112
two-family residence may count as one (1) parking space,
other than on a corner lot.
C. Size of spaces. Three hundred fifty (350) square feet shall
be considered one (1) parking space (to provide room for
standing area and aisles for maneuvering). Entrance and
exit lanes shall not be computed as parking space except
for driveways for one-family and two-family residences.
The minimum parking stall width shall be ten (10) feet and
the minimum length shall be twenty (20) feet.
D. Access. Unobstructed access to and from a street shall be
provided. Such access shall consist of at least one (1) ten-
foot lane for parking areas with less than twenty (20)
spaces, and at least two (2) ten-foot lanes for parking areas
with twenty (20) spaces or more. No entrance or exit for
any off-street parking area shall be located within fifty (50)
feet of any street intersection.
E. Drainage and surfacing. All open parking areas shall be
properly drained within the premises and all such areas
shall be provided with a dustless surface, except for
parking spaces accessory to a one-family or two-family
residence.
F. Joint facilities. Required parking spaces, open or enclosed,
may be provided in spaces designed to serve jointly two (2)
or more establishments, whether or not located on the same
lot, provided that the number of required spaces in such
joint facilities shall be not less than the total required for
all such establishments.
G. Combined spaces. When any lot contains two (21 or more
uses having different parking requirements, the parking
requirements for each use shall apply to the extent of that
use. Where it can be conclusively demonstrated that one
(11 or more such uses will be generating a demand for
parking spaces primarily during periods when the other use
or uses is not or are not in operation, the Planning Board
may reduce the total parking spaces required for that use
with the least requirement.
H. Location and ownership. Required accessory parking
spaces, open or enclosed, shall be provided upon the same
10045
§ 100-112
SOUTHOLD CODE
§ 100-112
lot as the use to which they are accessory or elsewhere,
provided that all spaces therein are located within two
hundred (200) feet walking distance of such lot. In all
cases, such parking spaces shall conform to all the
regulations of the district in which parking spaces are
located, and in no event shall such parking spaces be
located in any residence district unless the use to which the
spaces are accessory is permitted in such residence district
or upon apprevai by the Board of Appeals. Such spaces
shall be in the same ownership as the use to which they are
accessory and shall be subject to deed restriction, approved
by the Board, binding the owner and his heirs and assigns
to maintain the required number of spaces available either
throughout the existence of such use to which they are
'accessory or until such spaces are provided elsewhere.
Lots divided by district boundaries. When a parking lot is
located partly in one (1) district and partly in another
district, the regulations for the district requiring the
greater number of parking spaces shall apply to all of the
lot. Parking spaces on such a lot may be located without
regard to district lines, provided that no such parking
spaces shall be located in any residence district unless the
use to which they are accessory is permitted in such
district or upon approval of the Board of Appeals.
Parking regulations in multiple-dwelling or attached-
dwelling developments.
{1) Wherever space is provided for the parking of five (5)
or more vehicles in the open, such spaces shall be
individually identified by means of pavement
markings.
(2) No parking space shall be located in any front yard nor
within ten { 10) feet of any lot line in side or rear yards.
{31 The parking of motor vehicles is prohibited within
fifteen (15) feet of any wall or portion thereof of a two-
or-more-family dwelling, which wall contains windows
Iother than bathroom or kitchen windows~ with a sill
height of less than eight (8} feet above the level of the
said parking space.
10046
§ 100-112 ZONING § 100-112
(4) No service of any kind shall be permitted to be ex-
tended to users of the lot, including automobile ser-
vice, repair or fueling, and no gasoline, oil, grease or
other supplies shall be stored or sold in any such lot or
in any garage on such lot.
(5) Parking areas shall be screened by a substantial wall, ~
fence or thick hedge, approved by the Planning Board.
Generally, such screening shall not be less than three
(3) feet nor more than eight (8) feet in height.
K. Regulations for parking spaces adjacent to lots in any
residence district.
(1) Wherever a parking area of over five (51 spaces abuts -J~
or is within fifteen (15) feet of the side or rear lot line of
a lot in any residence district, the said parking lot
shall be screened from such adjoining lot by a sub-
stantial wall, fence or thick hedge, approved by the
Planning Board. Generally, such screen shall be not
less than three (3) feet nor more than eight (8) feet in
height.
(2) Whenever a parking area of over five (5) spaces is
located across the street from other land in any
residence district, it shall be screened from the view of
such land by a thick hedge, wall or fence, approved by
the Planning Board, located along a tine drawn
parallel to the street and a distance of twenty (20) feet
therefrom, such screening to be interrupted only at
points of ingress and egress. Generally, no such
screening shall be less than three (3) feet nor more
than six (6) feet in height. The open area between such
screening and the street shall be landscaped in har-
mony with the landscaping prevailing on neighboring
properties fronting on the same street. Two (2)
identification and directional signs located on the _
street side of such screening shall be permitted;
however, they shall not exceed an area of three (3)
square feet each.
L. Driveways. No driveway shall provide access to a lot
located in another district, which lot is used for any use
prohibited in the district in which such driveway is located.
10047
§ 100-112 SOUTHOLD CODE § 100-113
M. Commercial vehicles.
(1) One (1) commercial vehicle not exceeding twenty-five
(25) feet in length may be parked on an occupied lot in
any residence district, but not within the required
yards of such lot and in no case between the street line
or side lines and the principal building.
(2) One (1) commercial vehicle not exceeding twenty-five
(25) feet in length may be parked within a private
garage in any residence district.
(3) Commercial farm vehicles are permitted as accessory
to a commercial farm use in any residence district.
§ 100-113. Off-street loading areas.
Off-street loading berths, open or enclosed, are permitted ac-
cessory to any use (except one- or two-family residences), subject
to the following provisions:
A. Uses for which required. Accessory off-street loading
berths shall be provided for any use specified below. Any
land which is developed as a unit under single ownership
and control shall be considered a single lot for the purpose
of such loading requirements.
{1) For a public library, museum or similar quasi-public
institution, governmental building, community
center, hospital or sanitarium, nursing or convalescent
home, institution for children or the aged or school,
with a floor area of ten thousand (10,000) square feet,
one ( 1 ) berth; for each additional twenty-five thousand
(25,000) square feet or fraction thereof, one (1) ad-
ditional berth.
{2) For buildings with professional, governmental or
business offices or laboratory establishments, with a
floor area of ten thousand (10,000) to twenty-five
thousand (25,000) square feet, one (1) berth; for each
additional twenty-five thousand (25,000) square feet
or fraction thereof up to one hundred thousand
10048
§ 100-113 ZONING § 100-113
( 100,000 ) square feet, one ( 1 ) additional berth; for each
additional fifty thousand (50,000) square feet or
fraction thereof, one (1) additional berth..
(3) For buildings with offices and retail sales and service
establishments, one (1) berth for eight thousand
(8,000) to twenty-five thousand (25,000) square feet of
floor area, and one (1) additional berth for each ad-
ditional twenty-five thousand (25,000) square feet of
floor area or fraction thereof so used.
(4) For undertakers and funeral ho~nee, one (1) berth for
each chapel. [Such berths shah be at least ten (10) feet
wide and twenty (20) feet long.]
(5) For hotels, one (1) berth for each two thousand five
(2,500) square feet of floor area.
(6) For manufacturing, wholesale and storage uses and
for dry-cleaning and rug-cleaning establishments and
laundries, one (1) berth for five thousand (5,000) to ten
thousand (10,000) square feet of floor area in such use,
and one ( 1 ) additional berth for each additional twenty
thousand (20,000) square feet of floor area or fraction
thereof so used. In addition, adequate reserved
parking for waiting trucks shall be provided.
Size of spaces. Each required loading berth shall be at least
twelve (12) feet wide and fourteen (14) feet high, and in no
event smaller than required to accommodate vehicles
normally using such berths.
Location and access. Unobstructed access at least ten (10)
feet wide, to and from a street, shall be provided. Such
access may be combined with access to a parking lot. All
permitted or required loading berths shall be on the same
lot as the use to which they are accessory, except as
provided in Subsection D below. No entrance or exit for
any off-street loading area shall be located within fifty (50)
feet of any street intersection. No off-street loading berth
shall be located in any required front yard.
Joint facilities. Permitted or required loading berths, open
or enclosed, may be provided in spaces designed to serve
10049
§ 100-113
SOUTHOLD CODE
§ 100-114
jointly two (2) or more adjacent establishments, provided
that the number of required berths in such joint facilities
shall not be less than the total required for all such
facilities.
E. Lots divided by district boundaries. When a lot is located
partly in one (1) district and partly in another district, the
regulations for the district requiring the greater number of
loading berths shall apply to all of the lot. Loading berths
on such lot may not be located in any residence district
unless the use to which they are accessory is permitted in
such district or upon the approval of the Board of Appeals.
§ 100-114. Prohibited uses in all districts.
The following uses are prohibited in all districts:
A. Any use which is noxious, offensive or objectionable by
reason of the emission of smoke, dust, gas, odor or other
form of air pollution or by reason of the deposit, discharge
or dispersal of liquid or solid wastes in any form in such a
manner or amount as to cause permanent damage to the
soil and streams or to adversely affect the surrounding
area, or by reason of the creation of noise, vibration,
electromagnetic or other disturbance, or by reason of
illumination by artificial light or light reflection beyond the
limits of the lot on or from which such light or light
reflection emanates; or which involves any dangerous fire,
explosive, radioactive or other hazard; or which causes
injury, annoyance or disturbance to any of the surrounding
properties or to their owners and occupants; and any other
process or use which is unwholesome and noisome and may
be dangerous or prejudicial to health, safety or general
welfare, except where such activity is licensed or regulated
by other government agencies.
B. Artificial lighting facilities of any kind, with light sources
visible beyond the lot lines, which create glare beyond such
lines.
C. Carnivals, circuses and related activities, except for a
temporary period on special license from the Town Board.
10050
§ 100-114 ZONING § 100.114
D. Junkyard or refuse disposal site, except a refuse disposal
site established as an official town refuse disposal site or
duly authorized as a refuse disposal site by the Town
Board.'
E. Uses involving primary production of the following
products from raw materials:
(1) Charcoal and fuel briquettes; chemicals; aniline dyes;
carbide; caustic soda; cellulose; chlorine; carbon black
and bone black; c~osote; hydrogen and oxygen; in.
dustrial alcohol; nitrates of an explosive nature; po-
tash; plastic materials and synthetic resins; pyroxy-
lin; rayon yarn; hydrochloric, nitric, phosphoric, picric
and sulfuric acids; coal, coke and t~r products, includ-
ing gas manufacturing; explosives; gelatin, glue and
size (animal); linoleum and oilcloth; matches; paint,
varnishes and turpentine; rubber (natural or synthe-
tic); soaps, including fat rendering; starch.
F. The following processes:
(1) Nitrating of cotton or of other materials.
(2) Milling or processing of flour.
(3) Magnesium foundry.
(4) Reduction, refining, smelting and alloying metal or
metal ores.
(5) Refining secondary aluminum.
(6) Refining petroleum products, such as gasoline,
kerosene, naphtha, lubricating oil.
(7) Distillation of wood or bones.
(8) Reduction and processing of wood pulp and fiber,
including paper mill operations.
G. Operations involving stockyards, slaughterhouses and slag
piles.
10051 !,- zs- ss
§ 100-114 SOUTHOLD CODE § 100-117
H. Storage of explosives.
I. Quarries.
J. Storageofpetroleumproducts. Notwithstanding any other
provisions of this chapter, storage facilities with a total
combined capacity of more than twenty thousand (20,000)
gallons, including all tanks, pipelines, buildings, structures
and accessory equipment designed, used or intended to be
used for the storage of gasoline, fuel oil, kerosene, asphalt
or other petroleum products, shall not be located within
one thousand (1,000) feet of tidal waters or tidal wetlands.
[Added 6-22-82 by L.L. No. 3-1982]
§ 100-115. Junkyards.
Notwithstanding any other provisions of this chapter, all
automobile yards or other junkyards in existence at the effective
date of this chapter, as first enacted in 1957, shall, within three (3)
years from such date, provide suitable screening in the form of
fencing or hedges completely around the periphery of the area
used for such purposes, and the type of fencing and hedges shall
be subject to the approval of the Board of Appeals.'
§ 100-116. D,velling unit density. [Amended 4-9-85 by L.L. No.
7-1985; 7~16-85 by L.L. No. 11-1985]
Notwithstanding any other provision of this chapter, each dwell-
ing unit in a multiple dwelling shall have twenty thousand (20,000)
square feet of land for each dwelling unit in the building where pub-
lic water and public sewer are not provided and shall have ten thou-
sand (10,000) square feet of land for each dwelling unit in the build-
ing where public water and public sewer are provided.
§ 100-117. Hotel and motel unit density.
Notwithstanding any other provisions of this chapter, each
room or group of rooms designed, used or intended to be used for
10052 9--~5- s5
§ 100-117 ZONING § 100-117
lodging as a unit, which does not qualify as a dwelling unit, and
located in a hotel, motel or similar building, shall have six thou-
sand (6,000) square feet of land for each such unit where public
water and public sewer systems are not provided, and shall have
four thousand (4,000) square feet of land for each such unit where
public water and public sewer systems are provided.
(Cont'd on page 10053)
(_
10052.1 9-2~-s2
§ 100-118 ZONING § 100-118
§ 100-118. Nonconforming uses.
Unless otherwise authorized as a special exception by the Board
of Appeals, as hereinafter provided, the folJowing provisions shall
apply to nonconforming uses:
A. The lawful use of a building or premises existing on the
effective date of this chapter or authorized by a building
permit issued prior thereto may be continued although
such use does not conform to the provisions of this chapter,
and such use may be extended throughout the building
lawfully acquired to said date.
B. A nonconforming use of a building or premises may be
changed to a use of the same or higher classification ac-
cording to the provisions of this chapter.
C. Whenever a district shall hereafter be changed, any then
existing nonconforming use of a building or premises in
such changed district may be continued or changed to a use
of a similar or higher classification, provided that all other
regulations governing the use are complied with.
D. Whenever a nonconforming use of a building or premises
has been discontinued for a period of more than two (2)
years or has been changed to a higher classification or to a
conforming use, anything in this section to the contrary
notwithstanding, the nonconforming use of such building
or premises shall no longer be permitted unless a variance
therefor shall have been granted by the Board of Appeals,
as hereinafter provided.
E. A nonconforming building may not be reconstructed or
structurally altered during its life to an extent exceeding
in aggregate cost fifty percent (50%) of the fair value of the
building, unless the use of such building is changed to a
conforming use.
F. A nonconforming building which has been damaged by fire
or other causes to the extent of more than fifty percent
(50%) of its fair value shall not be repaired or rebuilt unless
the use of such building is changed to a conforming use.
10053 2-25-s5
§ I00-119 SOUTHOLD CODE § 100-119.2
§ 100-119. Corner lots. [Amended 2-1-83 by L.L. No. 2-1983]
On a corner lot, front yards are required on both street front.
ages, and one (1) yard other than the front yards shall deemed to
be a rear yard, and the other or others, side yards. No obstruction
to vision exceeding thirty (30) inches in height above curb level
shall be erected or maintained at street intersections within the
triangle formed by the street lines of such lot and a line drawn
between points along such street lines thirty (30) feet distant from
their point of intersection.
§ 100-119.1. Fences, walls and hedges. [Amended 5-29-73; 2-1-83
by L.L. ~4o. 2-1983]
Subject to the provisions of § 100-119, fences, walls, hedges or
other live plantings within five (5) feet of the property lines may
be erected and maintained, subject to the following height
limitations:
A. When located in the front yard along the front yard
property line, the same shall not exceed four (4) feet in
height.
B. When located along side and rear lot lines, the same shall
not exceed slx and one-half (6V2) feet in height.
C. When located other than in the front yard area or along
side or rear lot lines, the same shall not exceed eight (8) feet
in height.
§ 100-119.2. Building setback from water bodies and wetlands.
[Added 3-26-85 by L.L. No. 4-1985]
Notwithstanding any other provisions of this chapter, the following
setback requirements shall apply to all buildings located on lots ad-
jacent to water bodies and wetlands:
A. Lots adjacent to Long Island Sound.
(1) All buildings located on lots adjacent to Long Island
Sound, and upon which there exists a bluff or bank
landward of the shore or beach, shall be set back not less
10054
§ 100-119.2 ZONING § 100-121
than one hundred (100) feet from the top of such bluff or
bank.
(2) Except as otherwise provided in Subsection A(1) hereof,
all buildings located on lots adjacent to Long Island
Sound shall be set back not less than one hundred (100)
feet from the ordinary high-water mark of Long Island
Sound.
All buildings located on lots adjacent to tidal water bodies
other than Long Island Sound shall be set back not less than
seventy-five (75) feet from the ordinary high-water mark of
such tidal water body or not less than seventy-five (75) feet
from the landward edge of the tidal wetland, whichever is
greater.
All buildings located on lots adjacent to any freshwater body
shall be set back not less than seventy-five (75) feet from the
edge of such water body or not less than seventy-five (75) feet
from the landward edge of the freshwater wetland, which-
ever is greater.
ARTICLE XII
Board of Appeals
§ 100-120. Appointment; membership.
The Town Board shall appoint a Board of Appeals consisting of
five (5) members, as provided by the To~vn Law.
§ 100-121. Powers and duties.
In addition to such powers as may be conferred upon it by law,
the Boo. rd of Appeals shall have the following powers:
(Cont'd on page 10055)
10054.1
§ 100-121 ZONING § 100-121
A. Appeals. To hear and decide appeals from and review any
order, requirement, decision or determination made by the
Building Inspector.
B. Variances. Where there are practical difficulties or un-
necessary hardships in the way of carrying out the strict
letter of these regulations, the Board of Appeals shall have
the power to vary or modify the application of such
regulations so that the spirit of the chapter shall be ob-
served, 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 of
Appeals may, in a specific case and after notice and public
hearing, authorize such permitted use and its location
within the district in which this chapter specffies the
permitted use may be located, subject, however, to the
following:
(1) Before such approval shall be given, the Board of
Appeals shall determine:
(a) That the use will not prevent the orderly and
reasonable use of adjacent properties or of
properties in adjacent use districts.
(b} That the use will not prevent the orderly and
reasonable use of permitted or legally established
uses in the district wherein the proposed use is to
be located, or of permitted or legally established
uses in adjacent use districts.
lc) That the safety, the health, the welfare, the
comfort, the convenience or the order of the town
wiil 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.
(2) In making such determination, the Board of Appeals
shall also give consideration, among other things,
10055
4-25-$3
§ 100-121
$OUTHOLD CODE
§ 100-121-
{a) The character of the existing and probable
development of uses in the district and the
peculiar suitability of such district for the
location of any of such permitted uses.
(b) The conservation of property values and the
encouragement of the most appropriate uses of
land.
(cl The effect that the location of the proposed use
may have upon the creation or undue increase of
vehicular traffic congestion on public streets or
highways.
(d) The-availability of adequate and proper public or
private water supply and facilities for the
treatment, removal or discharge of sewage, refuse
or other effluent {whether liquid, solid, gaseous or
otherwisel that may be caused or created by or as
a result of the use.
{e) Whether the uae or the' materials incidental
thereto or produced thereby may give off ob-
noxious gases, odors, smoke or soot.
(f) Whether the use will cause disturbing emissions
of electrical diach~rges, dust, light, vibration or
noise.
(g) Whether the operation in pursuance of the use
will cause undue interference with the orderly
enjoyment by the public of parking or of recrea-
tional facilities, if existing or if proposed by the
town or by other competent governmental
agencies.
(h) The necessity for bituminous-surfaced space for
purposes of off-street parking of vehicles in-
cidental to the use, and whether such space is
reasonably adequate and appropriate and can be
furnished by the owner of the plot sought to be
used within or adjacent to the plot wherein the
use shall be located.
i~56
§ 100-121 ZONING § 100-122
(i) Whether a hazard to life, limb or property because
of fire, flood, erosion or panic may be created by
reason of or as a result of the use, or by the
structures to be used therefor, or by the inac-
cessibility 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 u~.on such
plot. [Amended 7-31-73]
(j) Whether the use or the structures to be used
therefor will cause an overcrowding of land or
undue concentration of population.
(k) Whether the plot area is sufficient, appropriate
and adequate for the use and the reas:nzbly
anticipated operation and expansion thereof.
(1) Whether the use to be operated is unreasonably
near to a church, school, theater, recreational area
or other place of public assembly.
2-1-83 by L.L. No. 2-1983] 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.
D. [Added
§ 100-122. Additional conditions and safeguards.
In deciding any matter before it, the Board of Appeals may
impose such conditions and safeguards as it deems necessary or
appropriate to preserve and protect the spirit and the objectives of
this chapter.
(Cont'd on page 10057)
§ 100-136
(3)
ZONING
§ 100-136
Each lot owner shall have equal voting rights in the
Association and shall have the right to the use and
enjoyment of the common property.
(4) Once established, all responsibility for operation and
maintenance of the common land and facilities shall
lie with the Homes Association.
(5) Dedication of all common areas shall be recorded
directly on the final plat, or by reference on that plat
to a dedication in a separately recorded document.
Resubdivision of such areas is prohibited. The
dedication shall:
fa) Save the title to the common property to the
Homes Association free of any cloud of implied
public dedication.
(b) Commit the developer to convey the areas to the
Homes Association at an approved time.
(c) Grant easement of enjoyment over the area to the
lot owners.
(d) Give to the Homes Association the right.to
borrow for improvements upon the security of the
common areas.
Give to it tlie right to suspend membership rights
for nonpayment of assessments or infraction of
published rules.
Covenants shall be established, limiting all lots to one-
family use and all common lands to open space uses. No
structures may be erected on such common lands except as
shown on the approved site plan.
Each deed to each lot sold shall include by reference all
recorded declarations and other restrictions including
assessments and the provision for liens for nonpayment of
such.
The Homes Association shall be perpetual; it shall pur-
chase insurance, pay taxes, specify in its charter and
bylaws an annual homeowner's fee, give provision for
10065
§ 100-136 SOUTHOLD CODE § 100-141
assessments and provide that all such charges become a
lien on each property in favor of said Association. The
Association shall have the right to proceed in accordance
with all necessary legal action for the foreclosure and
enforcement of liens, and it shall also have the right to
commence action against any member for the collection of
any unpaid assessment in any court of competent
jurisdiction.
I. The developer shall assume all responsibilities as
previously outlined for the Homes Association until a
majority of the dwelling sites are sold, at which time the
Homes Association shall be automatically established.
J. Prior to site plan approval the developer shall file with the
Town Board a performance bond to ensure the proper
installation of all required improvements, and a main-
tenance bond to ensure the proper maintenance of all
common lands until the Homes Association is established.
The amount and term of said bonds shall be determined by
the Planning Board, and the form, sufficiency, manner of
execution and surety shall be approved by the Town
Board.
ARTICLE XIV
Administration and Enforcement
§ 100-140. 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.
B. The Building Inspector and assistant and deputy building
inspectors shall have such right to enter and inspect
buildings, structures or premises and to perform other acts
necessary for the enforcement of this chapter as is con-
ferred upon them by law.
§ 100-141. Building permits.
No building in any district shall be erected, reconstructed,
restored or structurally altered without a building permit duly
I0066
§ 100-136 ZONING § 100-136
Residential and Agricultural District according to the procedure
and requirements hereinafter set forth, without the requirement
that the owner make written application for the use of such
procedure.
A. [Amended 4-24-84 by L.L. No. 4-1984] The maximum
number of single-family lots that may be approved in a
cluster development shall be computed by subtracting
from the total gross area a fixed percentage of twenty
percent (20%) of said area and dividing the remaining
eighty percent (80%) of the area by the minimum required
lot area set forth in the Bulk and Parking Schedule.~
(1) In computing the maximum number of lots that may
be created, any lands which are subject to flooding or
which are occupied by public utility easements in such
a manner as to prevent their use and development
shall not be considered part of the total gross area.
(2) In a cluster development, lot area shall not be reduced
by more than fifty percent (50%), and lot width and
depth, front yard, rear yard and side yards shall not be
reduced by more than thirty percent (30%) of the
minimum requirements set forth in the Bulk and
Parking Schedule?
B. The area of a cluster development shall be in single
ownership or under unified control.
C. Prior to the issuance of a building permit in a cluster
development, a site plan shall be submitted to and ap-
proved by the Plaaning Board in accordance with Article
XIII of this chapter and the following conditions:
(1) Said site plan shall include areas within which
structures may be located, the height and spacing of
buildings, open spaces and their landscaping, off-
street open and enclosed (if any) parking spaces and
streets, driveways and any other physical features
relevant to the proposed plan.
10063 s-~5-s4
§ 100-136 SOUTHOLD CODE § 100-136
(2) Said site plan shall include a statement setting forth
the nature of all proposed modifications of existing
zoning provisions.
D. Nothing contained in this chapter shall relieve the owner or
his agent or the developer of a proposed cinster develop-
ment from receiving final plat approval in accordance with
the Town Subdivision Regulatinns.~ In approving the final
~ plat for a cluster development, the PlAnning Board ~
mocll .fy ~h~ Rcresge requirement for recreation aress as set
forth in the town's rules governing subdiviswn review,
.provided that the common land dedicated meets all other
requirements of the Town Subdivision Regulations.
E. A cluster deve]opmant shall be organized as one (1) of the
following: a Homes Association approved by the Federal
Hous/ng Administration for mortgage insurance as a
planned un/t development and by the Town Board; a
Homes Association approved by the Town Attorney and
Town Board; or any other arrangements approved by the
Town Attorney and Town Board as satisfying the intent of
this chapter. Whenever a Homes Association is proposed,
the Town Board shall retain the right to review and ap-
prove the articles of incorporation and charter of said
Homes Association and to require whatever conditions
deemed necessary to ensure that the intent and purpose of
this chapter are carried out. In consideration of said ap-
proval, the Town Board shall, in part, require the cluster
development to meet the following conditions:
(1) The Homes Association shall be established as an
incorporated nonprofit organization operating under
recorded land agreements through which each lot
owner and any succeeding owner is automatically a
member and each lot is automatically subject to a
charge for a proportionate share of the expenses for
the organization's activities.
(2) Title to all common property shall be placed in the
Homes Association, or definite and acceptable
assurance shall he given that it automatically will be
so placed within a reasonable period of time.
10064
§ 100-134 ZONING § 100-134
(8) Location, width and purpose of all existing and
proposed easements, setbacks, reservations and areas
dedicated to public use within or adjoining the
property.
(9) A complete outline of existing deed restrictions or
covenants applying to the property.
(10) Existing zoning.
B. Natural features.
(1) Existing contours at intervals of five (5) feet or less,
referred to a datum satisfactory to the Board.
(2) Approximate boundaries of any areas subject to
flooding or stormwater overflows.
(3) Location of existing watercourses, marshes, wooded
areas, rock outcrops, isolated trees with a diameter of
eight (8) inches or mere measured three (3) feet above
the base of the trunk and other significant existing
features.
C. Existing structures and utilities.
(1) Location of uses and outlines of structures, drawn to
scale, on and within one hundred (100) feet of the lot.
(2) Paved areas, sidewalks and vehicular access between
the site and public streets.
(3) Locations, dimensions, grades and flow direction of
existing sewers, culverts and waterlines as well as
other underground and aboveground utilities within
and adjacent to the property.
(4) Other existing development, including fences, land-
scaping and sc~ening.
D. Proposed development. -
(1) The location of proposed buildings or structural
improvements.
(2) The location and design of all uses not requiring
structures, such as off-street parking and loading
areas.
10061
§ 100-134 SOUTHOLD CODE § 100-136
(3) The location, direction, power and time of use of any
proposed outdoor lighting or public address systems.
(4) The location of and plans for any outdoor signs.
(5) The location and arrangement of proposed means of
access and egress, including sidewalks, driveways or
other paved areas; profiles indicating grading and
cross sections showing width of roadway, location and
width of sidewalks and location and size of water- and
sewer lines.
(6) Any proposed grading, screening and other land-
scaping, _including types and locations of proposed
street trees.
(7) The location of all proposed waterlines, valves and
hydrants and of all sewer lines or alternate means of
water supply and sewage disposal and treatment.
(8) An outline of any proposed deed restrictions or
covenants.
(9) Any contemplated public improvements on or ad-
joining the property.
(10) If the site development plan indicates only a first
stage, a supplementary plan shall indicate ultimate
development.
E. Any other information deemed by the Planning Board
necessary to determine conformity of the site plan with the
intent and regulations of this chapter.
§ 100-135. Fees. [Amended 11-15-83 by L.L. No, 13-1983; 1-8-85
by L.L. No. 1-1985]
All applications to the Planning Board for approval of site deve]-
opfaent plans shall be accompanied by a fee of one hundred dollars
($1003.
§ 100-136. Cluster development. [Added 5-29-73; amended 2-1-83
by L.L. No. 2-1983]
The Planning Board may, in the exercise of its discretion,
require cluster developments for one-family dwellings in an A
10062 z-25.s5
§ 100-133 ZONING § 100-133
shall be to discuss proposed uses or development in order
to determine which of the site development plan elements
shall be submitted to the Planning Board in order for said
Board to determine conformity with the provisions and
intent of this chapter.
Within six (6) months following the presubmission con-
ference, the site development plan and any related in-
formation shall be submitted to the Building Inspector, in
triplicate, at least fifteen (15) days prior to the Planning
Board meeting at which approval is requested. If not
submitted within this six (6) months' period, another
presubmission conference may be required.
The Building Inspector shall certify on each site
development plan or amendment whether or not the plan
meets the requirements of all Zoning Ordinance
other than those of this Article regarding site develop-
ment plan approval.
The Building Inspector shall retain one (1) copy and
transmit two (2) copies of the certified site development
plan to the Secretary of the Planning Board at least seven
(7) days prior to the Planning Board meeting at which
approval is requested.
The Planning Board shall act to approve or disapprove any
such site development plan within ninety (90) days after
the meeting at which approval is requested. Failure to act
within ninety (90) days shall be deemed approval. Planning
Board disapproval shall include written findings upon any
site development plan element found contrary to the
provisions or intent of this chapter. In reviewing the ap-
plication, the Planning Board may secure the advice or
assistance of one (1) or more expert consultants qualified to
advise as to whether a proposed use will conform !.c the
requirements of this chapter. The assistance of a con-
sultant, if sought, must be obtained within ten (10) days of
the receipt of the application. Such consultant shall report
within thirty (30) days after receipt of such request as to
whether or not the use applied for will be in conformance
with the performance standards and, if not, what
10059
§ 100-133 SOUTHOLD CODE. § 100-134
modification in design or operation woulc[ be necessary for
conformance. A. copy of the report of such consultant shall
be furnished to the Planning- Board, Building Inspector
and applicant.
F. Amendments to a site development plan shall be acted
upon in the same manner as the approval of the original
plan.
G. The Planning Board may require that site plan approval be
periodically reviewed.
§ 100-134. Site development plan elements.
· The applicant shall cause a site development, map to be
prepared by a civil engineer, a surveyor, land planner, architect or
other competent person. Site development plan elements shall
include those listed below which are appropriate to the proposed
development or use as indicated by the Planning Board in the
presubmission conference:
A. Legal data.
(1) Lot, block and section number, if any, of the property,
taken from the latest tax records.
(2) Name and address of the owner of record.
(3) Name and address of the person, firm or organization
preparing the map.
(4) Date, North point and written and graphic scale.
(5) Sufficient description or information to precisely
define the boundaries of the property. All distances
shall be in feet and tenths of a foot. All angles shall be
given to the nearest ten (10) seconds or closer. The
error of closure shall not exceed one (1) in ten
thousand (10,000).
(6) The locations, names and existing widths of adjacent
streets and curblines.
(7) The location and owners of all adjoining lands, as
shown on the latest tax records.
10060
§ 100-131 ZONING § 100-132
§ 100-131. Objectives.
In considering and acting upon site development plans, the
Planning Board shall take into consideration the public health,
safety and welfare, the comfort and convenience of the public in
general and the residents of the immediate neighborhood in
particular, and may prescribe appropriate conditions and
safeguards as may be required in order that the result of its action
may, to the maximum extent possible, further the expressed
intent of this chapter and the accomplishment of the following
objectives in particular:
A. Traffic access. That all proposed traffic accessways are
adequate but not excessive in number; adequate in width,
grade, alignment and visibility; not located too near street
corners or other places of public assembly; and other
similar safety consideratAons.
B. Circulation and parking. That adequate off-street parkiog
and loading spaces are provided to prevent the pm'kiug in
public streets of vehicles of any persons connected with or
visiting the use, and that the interior circulation system is
adequate to provide safe accessibility to all required off-
street parking lots.
C. l,andscaping and screening. That all playground, parking
and service areas are reasonably screened at all seasons nf
the year h'om the view of adjacent residential lots and
streets, and that the general landscaping of the site is in
character with that generally prevailing in the neigh-
borhood. Existing trees over eight (8) inches in diameter
measured three (3) feet above the base of the trunk shall be
retained to the maximum extent possible.
§ 100-13.. Effect of approval.
A. No building permit shall be issued for any structure
covered by this Article until an approved site development
plan or approved amendment of any such plan has been
secured by the applicant from the Planning Board and
presented to the Building Inspector.
10058.1
§ 100-132 SOUTHOLD CODE § 100-13:~
B. No certificate of occupancy will be issued for any structure
or use of land covered by this Article unless the structure is
completed or the land is developed or used in accordance
with an approved site development plan or approved
amendment of any such plan.
C, Should any site plan approval involve any matter requiring
referral to the Suffolk County Planning Commission, then
the matter shall be referred, prior to final action by the
Planning Board, to the Suffolk County Planning Com-
mission in accordance with the applicable provisions of
law.
§ 100-133. Procedure.
A. Presubmission conference. Prior to the submission of a site
developmcaL plan, the applicant or his agent shall meet
with ~l~v t'[aoning Board. The purpose of such conference
(Cont'd on page 10059)
10058.2
-%¸
§ 100-123 ZONING § 100-125
§ 100-123. Rules of conduct and procedure.
The Board of Appeals shall, consistent with the law, determine
its own rules of conduct and procedure.
§ I00-124. Fees. [Amended 2-1-83 by L.L. No. 2-1983; 11-15-83
by L.L. No. 13-1983; 1-8-85 by L.L. No. 1-1985; 12-2-86
by L.L. No. 16-1986]
All applications to the Board of Appeals for any relief herein shall
be accompanied by a fee of one hundred fifty dollars ~$150.).
§ 100-125. Notice of hearing. [Added 54]0-75 by L.L. No. 3-1975]
A. 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 petitioning such
Board, or his agent, by either certified or registered mail, to
every owner of property immediately adjacent thereto. In
the event that any petitioner owns or has any interest in
any property immediately adjacent to the property which
is the subject of such petition, then written notice shall also
be given to the owners of the property adjacent to such
other 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 five {5} days
preceding the filing of the petition in the Town Clerk's
office. Proof of mailing of such notices 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, as the case may be.
(2} A description sufficient to identify the property which
is the subject of the petition.
10057 ~2'. ~- ss
§ 100-125 SOUTHOLD CODE § 100-130
{3} The zone district classification of such property.
{4} A detailed statement of the relief sought by the
petitioner.
The provisions of the zoning law applicable to the
relief sought by the petitioner.
{6} A statement that within five ~5) days such petition
will be filed in the Southold Town Clerk's office, Main
Road, Southold, New York, and may then be
e-Amined during regular office hours.
{71 A statement that a public hearing with respect to sucl~
petition must be held by the Board of Appeals of the
Town of Southold before the relief sought can be
granted; that the person to whom the notice is ad-
dressed, or his representative, has the right to appear
and be heard at such hearing; and that a notice of such
hearing will be published in the official town
newspaper not less than five (5) days prior to such
public he~ing.
B. In lieu of complying with the provisions of this section,
written verified waivers of notice executed by the persons
entitled to receive such notice may be filed with the Town
Clerk at the time of filing the petition.
C. Failure to comply with the provisions of this section shall
not affect the validity of any action taken by the Board of
Appeals.
ARTICLE XIll
Site Plan Approval
§ 100-130. General requirement.
In all cases where this chapter requires approval of site
development plans by the Planning Board, no building permit
shall be issued by the Building Inspector except upon authoriza.
tion of and in conformity with the plans approved by the Planning
Board.
10058 ~z ~- ~
§ 100-141 ZONING § 100-141
issued upon application to the Building Inspector. No building
permit shall be issued unless the proposed construction is in full
conformity with ail the provisions of this chapter and the
provisions of all other applicable laws, ordinances, rules and
regulations; Any building permit issued in vinlation 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 undertaken or use established
pursuant to the issuance of a permit in violation of the provisions
of this chapter shail be unlawful.
A. Applications. Every application for a building permit shail
contain the following information and be accompanied by
the required fee and a plot plan drawn to scale and signed
by the person responsible for each drawing. If no such plot
plan is available, a survey is required, prepared by a
licensed engineer or land surveyor. If the Building In-
spector 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. [Amended 2-1-83 by
L.L. No. 2-1983]
(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.
(2) The block and lot numbers, if any, as they appear on
the latest tax records.
(3) The exact size and locations on the lot of the proposed
building or buildings or alteration of an existing
building and of other existing buildings on the same
lot,
(4) 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.
(5) The existing and intended use of all buildings, existing
or proposed, and the use of land and the number of
10067
§ 100-141 SOUTHOLD CODE § 100-141
dwelling units the building is designed to ac-
commodate.
(61 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 chapter.
B. 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 § 280-a of the Town Law.
C. No building permit shall be issued for any building where
the site plan of such building is subject to approval by the
Planning Board, except in conformity with the plans
approved by the said Board.
D. No building permit shall be issued for a building in any
district where such use is permitted by special exception or
special permit of the Board of Appeals, unless and until
such approval has been duly granted by such Board.
E. No building permit shall be issued for any building until
approval has been received from the County Health
Department for the proposed water supply and sewage
disposal system.
F. The building permit application and all supporting
documentation shall be made in triplicate. Upon the
issuance of a building permit, the Building Inspector shall
return one (1) copy of all filed documents to .the applicant.
G. The Building Inspector shall, within ten (10) business days
after the filing of a complete and properly prepared ap-
plication, either issue or deny a building permit. If a
building permit is denied, the Building Inspector shall
state in writing to the applicant the reasons for such denial.
H. Every building permit shall expire if the work authorized
has not commenced within twelve (12) months after the
date of issuance or has not been completed within eighteen
(18) months from such date. If no zoning regulations af-
fecting the property have been enacted in the interim, the
10068 4-:~-s~
§ 100:141 ZONING § 100-141
Building Inspector may authorize, in writing, the ex-
tension of the permit for an additional six (6) months.
Thereafter, a new permit shall be required. [Amended 5-30-
75 by L.L. No. 3-1975]
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 foundation with respect to the street and
property lines of the lot. No further construction shall be
performed until such survey is approved by the Building
Inspector.
Permit fees. [Amended 7-31-73; 2-1-83 by L.L. No. 2-1983]
(1) [Amended 7-17-84 by L.L. No. 8-1984; 1-8-85 by L.L.
No. 1-1985] 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 gener-
al fund if the application is approved or returned to the
applicant if the application is denied:
(a) Single-family dwellings:
[1] New dwellings and additions to existing dwell-
ing~ fifty dollars ($50.) plus ten cents ($0.I0)
for each square foot of floor area in excess of
eight hundred fifty (850) square feet.
[2] Accessory buildings and additions and altera-
tions to existing accessory buildlng~ twenty-
five dollars ($25.) plus ten cents ($0.10) for each
square foot of floor area in excess of five hundred
(500) square feet.
(b) Farm buildings and additions and alterations to ex-
isting farm buildings: twenty-five dollars ($25.) for
each building.
(c) Hotel, motel, multiple dwellings and business, in-
dastrial and all other buildings:
[I] New buildings and additions and alterations to
existing buildings: one hundred dollars ($100.)
10069 9- 25- s6
§ 100-141
(2)
SOUTHOLD CODE
§ 100-142
plus fifteen cents ($0.15) for each square foot of
floor area in excess of one thousand (1,000)
square feet.
[2] Accessory buildings and additions and alters-
tions to existing accessory buildings:
five dollars ($25.) plus ten cents ($0.10) £or e~eh
square foot of floor area in excess of five hundred
(500) square feet.
(d) Foundations constructed under existing buildings:
thirty dollars ($30.).
(e) All other structures (i.e., fences, pools, etc.) and ad-
ditions-and alterations to such structures: twenty-
five dollars ($25.).
(f) Signs. The fee for all signs, except signs permitted
by § 100-30C(6Xa), shall be twenty-five cents ($0.25)
for each square foot of sign area, with a minimum
fee of five dollars ($5.).
(g) Demolition and/or removal and/or relocation of any
building: ten dollars ($10.) minimum and five cents
($0.05) for each square foot in excess of three hun-
dred (300) square feet of floor area. [Amended 5-
20-86 by L.L. No. 3-1986]
For the purposes of this Subsection J, cellars, decks,
attached garages and any habitable area shall be
included in the calculation of floor area.
§ 100-142, Revocation of permit.
The Building Inspector may revoke a building permit
theretofore issued and approved in the following instances:
A. Where he finds that there has been any false statement or
misrepresentation as to a material fact in the application,
plan or specifications on which the building permit was
based.
B. Where he finds that the building permit was issued in error
and should not have been issued in accordance with the
applicable law.
10070
§ 100-142 ZONING § 100-142
C. Where he finds that the work performed under the permit
is not being prosecuted in accordance with the provisions
of the application, plans or specification. ·
D. Where the person to whom a building permit has been
issued fails or refuses to comply with a stop order issued by
the Building Inspector.
(Cont'd on page 10071)
10070.1
8-25 -84
§ 100-143 ZONING § 100-144
§ 100-143. Stop orders. [Amended 8-26-76 by L.L. No. 3-1976]
Whenever the Building Inspector has reasonable grounds to
believe that work on any building or structure is being prosecuted
in violation of the provisions of the applicable law, ordinances or
regulations, or not in conformity with the provisions of an ap-
plicatlon, plans or specifications on the basis of which a building
permit was issued, or in an unsafe and dangerous manner, he shall
notify the owner of the property, or the owner's agent or the
person performing the work, to suspend all work, and any such
persons shall forthwith stop such work and suspend all building
activities until the stop order has been rescinded. Such order and
notice shall be in writing and shall state the conditions under
which the work may be resumed, and may be served upon a person
to whom it is directed either by delivering it personally to him or
by posting the same upon a conspicuous portion of the building
under construction and sending a copy of the same by certified
§ 100-144. Certificates of occupancy.
A. A certificate of occupancy shall be applied for from the
Building Inspector and it shall be unlawful to do any of the
following until a certificate of occupancy is issued therefor:
(1) Occupancy and use of a building erected, recon-
structed, restored, structurally altered or moved, or
any change in use of an existing building.
(2) Occupancy, use or any change in the use of any land.
(3) Any change in use of a nonconforming use.
B. No certificate of occupancy shall be issued for the use of a
building or lands requiring a special exception or special
permit by the Board of Appeals, or for any land or use
requiring a site plan approval by the Planning Board,
unless and until such special exception or special permit
use or site plan approval has been duly granted. Every
certificate of occupancy for which a special exception,
special permit or site plan approval has been granted, or in
10071 ~-aa-s3
§ 100-144 SOUTHOLD CODE § 100-144
connection with which a variance has been granted by the
Board of Appeals, shall contain a detailed statement of any
condition to which the same is subject. [Amended 7-31-73]
C. Application for a certificate of occupancy for a new
building or for an existing building which has been altered
shall be made after the erection of such building or part
thereof has been completed in conformity with the
provisions of this chapter, and, in the case of a new
building, shall be accompanied by an accurate plot plan, or
ff not available, by a survey prepared by a licensed land
surveyor or engineer, showing the location of tlxe building
as built. Such certificate shall be issued within ten (10)
days after receipt of the properly completed application,
provided that the application states that all requirements
of all other applicable codes or ordinances in effect are
complied with.
D. If the proposed use is in conformity with the provisions of
this chapter and all other applicable codes and ordinances,
a certificate of occupancy for the use of vacant land or for a
change of use or a nonconforming use shall be issued by the
Building Inspector within ten (10) days after receipt of a
properly completed application. If a certificate of oc-
cupancy is denied, the Building Inspector shall state the
reasons therefor in writing to the applicant.
E. Every application for a certificate of occupancy or a
temporary certificate of occupancy shall be accompanied
by a fee of five dollars ($5.). Copies of such certificate will
be issued upon payment of one dollar ($1.) per copy.
F. A certificate of occupancy shall be deemed to authorize and
is requLred for both initial occupancy and use of the
building or land to which it applies.
G. Upon written request and upon payment of a fee of fifteen
dollars {$15.), the Building Inspector shall, after in-
spection, issue a certificate of occupancy for any building
or use thereof or of land existing at the time of the adoption
of this chapter, certifying such use and whether or not the
10072
§ 100-144 ZONING § 100-146
same and the building conform to the provisions of this
chapter. [Amended 2-1-83 by L.L. No. 2-1983]
H. A record of all certificates of occupancy shall be kept in the
office of the Building Inspector, and copies shall be fur.
nished on request to any agency of the town or to any
persons having an interest in the building or land affected.
§ 100-145. Penalties for offenses. [Amended 7-31-73; 4-24-84 by
L.L. No. 5-1984']
For each offense against any of the provisions of this chapter or
any regulations made pursuant thereto or for failure to comply
with a written notice or order of any Building Inspector within the
time fixed for compliance therewith, the owner, occupant, builder,
architect, contractor or their agents or any other person who
commits, takes part or assists in the commission of any such
offense or who shall fail to comply with a written order or notice of
any Building Inspector shall, upon a first conviction thereof, be
guilty of a violation punishable by a fine of not exceeding five
hundred dollars ($500.) or by imprisonment for a period not to
exceed fifteen (15) days, or both. Each day on which such
violation shall occur shall constitute a separate, additional of-
lense. For a second and subsequent conviction within eighteen
(18) months thereafter, such person shall be guilty of a violation
punishable by a fine not exceeding one thousand five hundred
dollars ($1,500.) or by imprisonment for a period not to exceed
fifteen (15) days, or by both such fine and imprisonment.
§ 100-146. Remedies.
In case any building or structure is erected, constructed,
reconstructed, altered, repaired, converted or maintained, or any
building, structure or land is used, in violation of this chapter or of -
any regulations made pursuant thereto, in addition to other
remedies provided by law, any appropriate action or proceeding,
whether by legal process or otherwise, may be instituted or taken
10073 ~. ~- s5
§ 100-146 SOUTHOLD CODE § 100-152
to prevent such unlawful erection, construction, reconstruction,
alteration, repair, conversion, maintenance or use, or to restrain,
correct or abate such violation, or to prevent the occupancy of said
building, structure or land, or to prevent any illegal act, conduct,
business or use in or about such premises.
ARTICLE XV
Amendments
§ 100-150. Procedures.
The Town Board, upon its own motion or by petition, may, from
time to time, amend, -supplement, change, modify or repeal this
chapter, including the Zoning Map, by proceeding in the following
manner:
A. The Town Board, by resolution adopted at a stated
meeting, shall fLx the time and place of a public hearing on
the proposed amendment and cause notice thereof to be
given pursuant to the provisions of the Town Law.
B. The Town Board, before advertising for a public hearing,
shall, in a written request, instruct the To~wn Planning
Board to prepare an official report defining the conditions
described in a petition and to determine the area so af-
fected, with its recommendations.
§ 100-151. Fees. [Amended 11-15-83 by L.L. No. 13-1983; 1-8-85
by L.L. No. 1-1985]
Every petition for a change or amendment to this chapter or the
Zoning Map shall be filed with the Town Clerk and shall be accom-
panied by a fee of five hundred dollars ($500.).
§ 100-152. Notice of proposed change of zone classification.
[Added 5-30-75 by L.L. No. 3-1975]
A. In the case of a petition requesting a change in zo~ng
district classification, in addition to the notice required by
10074 : '-'o - so
§ 100-152 ZONING § 100-152
law, a written notice containing the following information
shall be sent by the petitioner, or his agent, by either
certified or registered mall, te every owner of property
immediately adjacent thereto. In the event that any
petitioner owns or has any interest in any property im-
mediately adjacent to the property proposed to be changed
in zoning district classification, then written notice shall
also be given to the owners of the property adjacent to such
other property of the petitioner. For the purpose of this
section, the words "owner" or "property owner" mean the
owner as shown on the current Southold town assessment
roll. The notice required by this section shall be mailed by
the petitioner, or his agent, within five (5) days preceding
the filing of the petition in the Town Clerk's office. Proof of
mailing of such notice in the form of a sworn statement
shall be filed with the Town Clerk at the time of filing the
petition. Such notice shall contain the following in.
formation:
(1) A statement that the petitioner proposes to file a
petition with the Southold Town Clerk requesting a
change of zone classification.
(2) A description of the property which is the subject of
such petition.
(3) The present zone district classification of the property
and the proposed zone district classification.
(4) A statement that within five (5) days the petition
requesting such change in zone district classification
will be filed in the Southold Town Clerk's office, Main
Road, Southold, New York, and may then be
examined during regular office hours.
(5) A statement that a public hearing with respect to such _
petition must be held by the Southold Town Board
before such change of zone can become effective; that
the person to whom the notice is addressed, or his
representative, has the right to appear and be heard at
such hearing; and that a notice of such hearing will be
published in the official town newspaper not less than
ten (10) days prior to such public hearing.
10075 ~-~-.~
§ 100-152 SOUTHOLD CODE § 100-152
B. In lieu of complying with the provisions of this section,
written verified waivers of notice executed by the persons
entitled to receive such notice may be filed with the Town
Clerk at the time of filing the petition.
C. Failure to comply with the provisions of this section shall
not affect the validity of any action with respect to such
petition.
C
10076 ~-~-~
Minimum
Requirements
Total lot area (sq. ft.)
Lot width (ft.)
Lot depth ( ft. )
Front yard (ft.)
One side yard (ft.)
Both side yards ( ft. ) 25
Rear yard (ft,) 35
Livable floor area (~[-- 850
ft. ) per dwelling unit
Off-street parking spaces 2
per dwelling unit
ZONING
BULK AND PARKING SCHEDULE
850 850 850 ~ee AI;~ Se~ A~ti-~ ~ _
20 20 20 ~ 25 See Arti-
cle VI
Industrial Districts
Light General
40,000 · 200,000
200 300
SeeArti- SeeArti- SeeArti-
cie VII cie VIII cie IX
2 2 2
[Amended 5-29-75; ~1-12-85 by L.L. NO. '/,1985; 8.9.83 by L,L. No, 9-1983]
[Amended 5-30-75 by L.L. No, 5-1975]
8-25.83