HomeMy WebLinkAboutProposed Zoning Regulations 1985Proposed
Zoning
Regulations
Town of Southold,
Suffolk County,
New York
Town of Southold Planning Board
Raymond, Parish, Pine, & Weiner, Inc.
Planning Consultants
Tarrytown, New York
April 1985
ZONING
Chapter 100
ARTICLE I - General Provisions
100-9.
100-10.
100-11.
100-12.
100-13.
Title ......................................... I-1
Purposes I-1
Interpretation and conflicts .................. I-1
Exceptions .................................... I-2
Definitions ................................... I-2
ARTICLE II - Districts
100-20.
100-21.
100-22.
100-23.
District designations ........................ II-1
Zoning map ................................... II-1
District boundaries .......................... II-1
Effective establishment of district .......... II-2
ARTICLE III - Agricultural Conservation (AC) District
Low Density Residential R-80, R-120, R-200, R-400 Districts
100-30.
100-31.
100-32.
100-33.
100-34.
Purpose ...................................... III-1
Use regulations .............................. III-1
Bulk, area and parking requirements .......... III-9
Accessory buildings ......................... III-11
Clustering requirement ....................... III-11
ARTICLE III-A - Low Density Residential (R-40) District
~ 100-30A.
~ 100-31A.
~ 100-32A.
~ 100-33A.
Purpose .................................... III-A-1
Use regulations ............................ III-A-1
Bulk, area and parking requirements ........ III-A-1
Accessory buildings ........................ III-A-t
ARTICLE IV - Hamlet
100-40.
100-41.
100-42.
100-43.
Density Residential (HD) District
Purpose'. .... IV-1
Applicability IV-1
Use regulations ............................... IV-1
Bulk, area and parking requirements ........... IV-1
ARTICLE V - Resort Residential A (RR-A) District
100-50.
100-51.
100-52.
Purpose ........................................ V-1
Use regulations ................................ V-1
Bulk, area and parking requirements ............ V-2
ARTICLE VI - Resort Residential B (RR-B) District
S 100-60. Purpose ....................................... VI~i
§ 100-61. Use regulations ............................... VI-1
§ 100-62. Bulk, area and parking requirements ........... VI-1
ARTICLE VII - Residential Office (RO) District
~ 100-70. P~rpose ...................................... VII-1
~ 100-71. Use regulations .............................. VII-1
~ 100-72. Bulk, area and parking requirements .......... VII-2
ARTICLE VIII - Limited Business (LB) District
~ 100-80. Purpose ..................................... VIII-1
~ 100-81. Use regulations ............................. VIII-1
~ 100-82. Bulk, area and parking requirements ......... VIII-2
ARTICLE IX - Hamlet Business (HB) District
$ 100-90. Purpose ....................................... IX-1
S 100-91. Use regulations ............................... IX-1
$ 100-92. Bulk, area and parking requirements ........... IX-4
$ 100-93. Uses confined to enclosed buildings ........... IX-4
ARTICLE X - General Business (B-I) District
~ 100-100. Purpose ........................................ X-1
$ 100-101. Use regulations ................................ X-1
~ 100-102. Bulk, area and parking requirements ............ X-5
ARTICLE XI - Marine Recreation (M-Rec) District
~ 100-110. Purpose ....................................... XI-1
S 100-111. Use regulations ............................... XI-1
§ 100-112. Bulk, area and parking requirements ........... XI-2
ARTICLE XII - Marine Business (MB) District
~ 100-120. Purpose ...................................... XII-1
~ 100-121. Use regulations .............................. XII-1
$ 100-122. Bulk, area and parking requirements .......... XII-3
ARTICLE XIII - Light Industrial Park/Planned Office Park (LIO) District
~ 100-130. Purpose ..................................... XIII-1
S 100-131. Use regulations ............................. XIII-1
~ 100-132. Bulk, area and parking requirements ......... XIII-3
ARTICLE XIV - Light Industrial (LI) District
§ 100-140. Purpose ...................................... XIV-1
§ 100-141. Use regulations ............................. XIV-I
~ 100-142. Bulk, area and parking requirements ......... XIV-2
ARTICLE XV - Use and Bulk Schedules.
ARTICLE XVI - Reserved.
ARTICLE XVII - Reserved.
ARTICLE XVIII - Cluster Development.
100-180.
100-181.
Purpose XVIII-1
Applicability ................................. XVIII-1
ARTICLE XIX - Parking and Loading Areas
100-190.
100-191.
100-192.
Purpose . · XIX-1
Off-street parking areas..' ...................... XIX-1
Off-street loading areas ........................ XIX-ll
ARTICLE XX - Signs
100-200.
100-201.
100-202.
100-203.
100-204.
100-205.
100-206.
100-207.
100-208.
Purpose .......................................... XX-1
Permits required and administrative procedure .... XX-1
General design principles applying to signs ...... XX-3
Exemptions XX-4
Sign prohibitions and general restrictions ....... XX-5
Limitation of sign content or copy ............... XX-6
Regulations regarding specific types of signs .... XX-6
Unsafe, abandoned and unlawful signs ............. XX-10
Existing signs and nonconforming signs .......... XX-ll
ARTICLE XXI- Landscaping, Screening and Buffer Regulations
100-210.
100-211.
100-212.
100-213.
100-214.
100-215.
Purpose ......................................... XXI-1
General requirements ............................ XXI-1
Front landscaped area ........................... XXI-2
Transition buffer area .......................... XXI-3
Landscaped parking area ......................... XXI-4
Properties located adjacent to creeks ........... XXI-4
ARTICLE XXII - Protection of Natural Features
100-220.
100-221.
100-222.
100-223.
100-224.
100-225.
100-226.
Purpose ........................................ XXII-1
Designation .................................... XXII-1
Regulations .................................... XXII-1
Building set-back from water-bodies and
wetlands ....................................... XXII-2
Role of the Town Trustees ...................... XXII-3
violations ..................................... XXII-3
Exemption . XXII-3
ARTICLE XXIII - Supplementary Regulations
100-230.
100-231.
100-232.
100-233.
100-234.
100-235.
100-236.
100-237.
100-238.
100-239.
100-239a.
100-239b.
Exceptions and modifications ................... XXIII-1
Height of fences, walls and hedges ............. XXIII-2
Corner lots .................................... XXIII-2
Building length and separation for buildings
containing multiple dwellings .................. XXIII-2
Courts ......................................... XXIII-3
Access requirements ............................ XXIII-3
Open storage ................................... XXIII-3
Prohibited uses in all districts ............... XXIII-4
Restriction on conversion of motel or hotel guest
units to condominium or cooperative units ...... XXIII-5
Land under water; filled land .................. XXIII-5
Excavations .................................... XXIII-6
Tourist camps, camp cottages and trailers ...... XXIII-6
ARTICLE XXIV - Nonconforming Uses and Buildings
100-240.
100-241.
100-242.
100-243.
100-244.
100-245.
Purpose ......................................... XXIV-1
Nonconforming uses .............................. XXIV-1
Nonconforming buildings with conforming uses .... XXIV-1
Nonconforming buildings with nonconforming uses.XXIV-2
Repairs and maintenance ......................... XXIV-2
Involuntary moves ............................... XXIV-2
ARTICLE XXV - Site Plan Approval
100-250.
100-251.
100-252.
100-253.
100-254.
100-255.
Purpose .......................................... XXV-1
General requirements ............................. XXV-1
Objectives ....................................... XXV-1
Effect of approval XXV-3
Procedure ........................................ XXV-3
Site plan elements ............................... XXV-6
ARTICLE XXVI - Special Exception Uses
100-260.
100-261.
100-262.
100-263.
100-264.
100-265.
100-266.
100-267.
Purpose XXVI-1
Special exception uses .......................... XXVI-1
Status of existing special permit uses .......... XXVI-1
Substantial expansion of existing special
permit use ...................................... XXVI-2
Rules of conduct and procedures for
special exception permits ....................... XXVI-2
General standards ............................... XXVI-4
Additional standards ............................ XXVI-5
~ditional conditions and safeguards ............ XXVI-6
ARTICLE XXVII - Board of Appeals
100-270.
100-271.
100-272.
100-273.
100-274.
100-275.
Appointment; membership XXVII-1
Powers and duties .............................. XXVII-1
Additional conditions and safeguards ........... XXVII-2
Rules of conduct and procedures ................ XXVII-2
Application .................................... XXVII-3
Notice of hearing .............................. XXVII-4
ARTICLE XXVIII - Administration and Enforcement
100-280.
100-281.
100-282.
100-283.
100-284.
100-285.
100-286.
Administrative and enforcing officer ............ XXVIII-1
Building permits ................................ XXVIII-2
Revocation of permit ............................ XXVIII-4
Stop orders ..................................... XXVIII-5
Certificates of occupancy ....................... XXVIII-5
Violations and penalties for offenses ........... XXVIII-6
Remedies ........................................ XXVIII-7
ARTICLE XXIX - Amendments
100-290.
100-291.
100-292.
100-293.
Purpose ........................................... XXIX-1
Procedures ........................................ XXIX-1
Fees .............................................. XXIX-2
Notice of proposed change of zone classification..XXIX-3
ARTICLE XXX - Separability
100-300. Separability ....................................... XXX-1
ARTICLE XXXI - Effective Date
100-310. Effective date .................................... XXXI-1
ARTICLE I
General Provisions
S100-9. Title. This chapter shall be known and may be cited as the "Southold
Town Zonin~ Ordinance".
SlO0-10. 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 Section 263 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:
The facilitation of the efficient and adequate provision of public
facilities and services.
B. The assurance of adequate sites for residence, industry and con, etc..
C. The provisions of privacy for families.
The prevention and reduction of traffic congestion so as to promote
efficient and safe circulation of vehicles and pedestrians.
E. The maximum protection of residential and historic areas.
F. The gradual elimination of nonconforming uses.
The enhancement of the appearance of the Town of Southold as a whole
particularly its open and z~/ral environment.
The encouragement of flexibility in the design and development of land in
such a way as to produce the most appropriate use of lands, to facilitate
the adequate and economical provision of streets and utilities and to
preserve the natural and scenic qualities of open lands.
I. The fostering and protection of agriculture and fisheries.
To make provision for, so far as conditions may permit, the accommodation
of solar energy systems and equipment and access to sunlight necessary
therefore.
K. The protection of the subsurface water suppl~ and surface waters.
L. The protection and enhancement of the coastal environment.
Sl00-11. Interpretation and conflicts.
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ao
In their intersretation and application, the ~rovisions of this chapter
shall be held to be the minimum requirements adopted for the promotion of
the public health, safety, and welfare. Except where specifically
provided to the contrary, it is not intended by this local law to repeal,
abrogate, annul or in an~ way to impair or interfere with any rules,
regulations or permits previously adopted or issued or which shall be
adopted or issued pursuant to law relatin~ to the use of buildings,
structures, shelters or premises; nor is it intended by this chapter to
interfere with or abrogate or annul any easements, covenants or other
agreements between parties.
Bo
Where a provision of this chapter conflicts with or imposes a different
requirement from any other provision of this chapter, the provision or
requirement which is more restrictive or which establishes the higher
standard shall govern.
Where the provisions of this chapter conflict with or impose a different
requirement from any other ordinance of the Town of Southold or any rules
or regulations adopted thereunder, the ordinance, rule or regulation
which establishes the higher standard or requirement shall govern.
~100-12. Exceptions.
Ail of the lots on the following subdivision maps shall be excepted from the
lot area and lot width requirements of this 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; Fordhem 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; Highwood; 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.
Word usage. Words used in the present tense include the future; the
singular number includes the plural, and the plural the singular; the
word "person" includes a corporation as well as an individual; the word
"lot" includes the word "plot", the term "occupied" or "used", as applied
to any building, shall be construed as though followed by the words "or
intended, arranged or designed to be occupied or used".
I-2
Definitions and Usages. Unless otherwise expressly stated, the following
terms shall, for the purpose of this chapter, have the meaning as herein
defined. Any word or term not noted below shall be used with a meanin$
as defined in Webster's Third New International Dictionar~ of the English
Language, unabridged (or latest edition).
ACCESS - A physical entrance to property.
ACCESSORY BUILDING OR STRUCTURE - A buildin~ or structure detached from a
~rincipal buildin~ located on the same lot as, and customarily incidental
and s~bordinate to, the ~rinci~al building.
ACCESSORY USE - A use customarily incidental and subordinate to the main
use on a lot, whether such "accessory use" is conducted in a principal or
accessory building.
ADDITION - A structure added to the original structure at some time after
the completion of the original.
AGRICULTURE - The production, kee~in~ or maintenance, for sale, lease or
~ersonal use, of plants and animals useful to man, includin~ but not
limited to; forages and sod crops; ~rains and seed crops; dair~ animals
and dair~ ~roducts, poultr~ and ~oultry products; livestock, includin~
beef cattle, sheep, swine, horses, ~onies, mules, or ~oats, or any
mutations or h~brids thereof, includin~ the breedin~ and ~razin~ of any
or all of such animals; bees and a~iaz~, ~roducts; fur animals; fruits of
all kinds, includin~ ~rapes, nuts and berries; vegetables; floral,
ornamental and ~reenhouse ~roducts; or lands devoted to a soil conserva-
tion or forestr~ management ~ro~ram.
ALTERATION - As applied to a building or structure, means 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.
APPLICANT - The landowner or the a~ent, o~tionee, contract ~urchaser Or
Other ~erson authorized to act for the landowner in submittlng an .appli-
cation under this cha~ter.
APPLICATION FOR DEVELOPMENT - The a~lication form and all accom~anyin~
documents and exhibits rec~ired of an applicant by an approving authority
for develo~nent review ~ur~oses.
AUTOMOBILE SALES LOT OR BUILDING - A lot or buildin~ used for the sale or
hire of automotive ec~ui~ment. This shall be inter~reted to include new
and used car dealerships and auto accessor~ salesrooms but not the sale
o~ junked automotive equipment.
BASEMENT - A story of a building, partly below the finished grade level,
which, has more than one-half of its height, measured from floor to
ceiling above the average established curb level or finished grade of the
land inunediately adjacent to the building.
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BED AND BREAKFAST - An owner-occupied building, other than a hotel, where
lod~in~ and breakfast is ~rovided for not more than nine persons.
BI~.?.ROARD - A sign, including the type comx~only 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.
BLOCK - An area bounded b~ one or more streets or a municipal boundar~
and of sufficient size to accomodate a lot or lots of minimum size
recruited by this chapter.
BO~=RD OF APPEALS - The Zoning Board of Appeals of the Town of Southold.
BOARDING AND TOURIST HOUSES - A building, other than a hotel, where
lodging, with or without meals, for five or more persons is furnished for
compensation.
BUILDABLE AREA - The area of a lot remainin~ after the minimum yard and
open space rec~uirements of the zonin~ ordinance have been met.
BUILDABLE LAND - The net area of a lot or ~arcel after deductin~
wetlands, streams, ~onds, slopes over 15 ~ercent, underwater land,
easements or other restrictions preventin~ use of such land for
construction of buildings or development.
BUILDING - An~ structure havin~ a roof supported by such things as
coluatns, ~osts, ~iers, walls, or air and intended for the shelter,
business, housin~ or enclosin~ of ~ersons, animals, ~ro~ert~, or other
materials.
Also any combination of materials forming any construction, except where
entirely underground so as to permit the use of the ground above same as
if no "building" was present; the term "building" shall include the term
"structure" as well as the following:
(1) Signs.
(2) Fences.
(3) Walls.
(4) Radio and television receiving and transmitting towers and antennae,
except for such antennae installed on the roof of a building and
extending not more than 20 feet above the highest level of the roof
of such building.
(5) Porches, outdoor bins and other similar structures.
BUILDING AREA - The aggregate of the maximum horizontal cross section of
the buildings on a lot, measured between the exterior faces of walls.
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The term "Building Area" shall include the following:
(1) Balconies.
(2) Terraces, patios, decks and other structures above the finished
grade.
(3) Swimming pools, tennis courts and other similar structures.
The term "Building Area" shall exclude the following:
(1) Cornices, eaves, gutters, chimneys and fireplaces projecting not
more than 28 inches from exterior walls.
(2) Steps and open porches projecting not more than five feet from
exterior walls and having an area of not more than 30 square feet.
(3)
First story bay windows projecting not more than three feet from
exterior walls, and exterior cellar doors projecting not more than
six feet from exterior walls.
BUILDING HEIGHT - The vertical distance measured from the average
elevation of the existing natural grade before any alteration or fill
adjacent to the building to the highest point of the roof for flat and
mansard roofs, and to the mean height between eave and ridge for other
types of roofs.
BUILDING LINE - A line formed by the intersection of a horizontal ~lane
at average ~rade level and a vertical ~lane that coincides with the
exterior surface of the buildin~ on any side. In case of a cantilevered
section of a building, the vertical ~lane will coincide with the most
~ro~ected surface.
CELLAR - Any space in a building, partly below the finished grade level,
which has more than one-half 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.
CERTIFICATE OF OCCUPANCY - A document issued by a Town Building Inspector
allowing the occupancy or use of a building and certifying that the
structure or use has been constructed and can be used in compliance with
all the applicable state codes and Town ordinances.
CLUSTER - See Residential Cluster.
CLUB, BEACH - A not-for-profit corporation, as defined in S 102 of the
Not-For-Profit Corporation Law of the State of New York, located
conti~uous to a bay or Lon~ Island Sound and established for the
principal purpose of en~a~in~ in swimmin~ in the Sound or the bays, but
excludin~ any form of aviation, motorboat racin~ or water skiin~ on
inland waterways or similar hazardous sports.
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CLUB, MEMBERSHIP OR COUNTRY, OR GOLF COURSE, NONPROFIT - A not-for-profit
corporation, as defined in § 102 of the Not-For-Profit Corporation Law of
the State of New York, established for the principal purpose of engaginq
in outdoor sports, such as golf, tennis, swimming, fishing, hunting or
similar activities, but not including any form of aviation, outdoor tra~,
skeet or target shooting or motorboat racin~. The activities of such a
club shall be limited to its members and their g~ests and shall not be
extended to the ~eneral ~ublic.
CLUB, YACHT - A not-for-profit corporation, as defined by § 102 of the
Not-For-Profit Corporation Law o~ the State of New York, established for
the ~rinci~al ~ur~ose of ensagin~ in recreational boating. The
activities of such a yacht club shall be limited to its members and their
~uests and shall not be extended to the general ~ublic. The term "yacht
club" shall be deemed to include the term "marina" but shall not be
deemed to include the term "boat~ard" except for the out-of-water storage
of member boats.
COMMON OPEN SPACE - An o~en s~ace area within or related to a site
designated as a development that is available for the use of all resi-
dents or occupants thereof. Common o~en s~ace may contain such comple-
mentaz~ structures and improvements as are necessary and appropriate for
the use or en~o~ment of residents, occupants and owners of the develop-
ment.
CONDOMINIUM - A building or buildings the dwelling units of which are
individually owned, each owner receiving a deed enabling him to sell,
mortgage or exchange his dwelling unit independent of the owners of the
other dwelling units in the building or buildings.
COOPERATIVE - A t~e of resort or multiple residence in which ~ersons
have an ownershi~ interest in the entity which owns the buildin~ or
buildings and, in addition, a lease or occupanc~ a~reement which entitles
them to occupy a particular dwellin~ unit therein, regardless of whether,
and in what manner, the dwellin~ units are managed, leased, or otherwise
made available for use by persons other than the owners thereof.
COURT, INNER - An open space enclosed on all sides by exterior walls of a
building.
COURT, OUTER - An open space enclosed on three 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.
CUL-DE-SAC - The turnaround at the end of a dead-end street.
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CURB CUT - The openin~ alon9 the curb line at which point vehicles ma~
enter or leave the roadway.
CURB LEVEL - The established elevation of the street grade at the point
that is opposite the center of the wall nearest to and facing the street
line.
CUSTOM WORKSHOP - A business ~remises used for the makin9 of clothing,
milliner~, shoes or other personal articles to individual order or
measure, for sale or retail on the premises only, and not includin9 the
manufacture of machinery, vehicles, appliances and similar heav~ 9oods,
and read~-to-wear Or standardized products.
DEDICATION - An appropriation or giving up of property to public use,
which'precludes the owner or others under him from assertin~ an~ right of
ownershi~ inconsistent with the use for which the property is dedicated.
DW~3.LING, MULTIPLE - A building or portion thereof containing three or
more dwelling units.
DWELLING, ONE-FAMILY - A detached building containing one dwelling unit
only.
DWELLING, ROW OR ATTACHED - (See Townhouse)
DWELLING, SEMI-DETACHED - A one-family dwelling with one wall in common
with an adjacent dwelling.
DWELLING, TWO-FAMILY - A detached building containing two dwelling units
only.
DWELLING UNIT - A building or entirely self-contained portion thereof
containing complete housekeeping facilities for only one family, includ-
ing any domestic servants employed on the premises, and having no en-
closed space (other than vestibules, entrance or other hallways or
porches) or cooking or sanitary facilities in comon with any other
"dwelling unit." A house trailer, a boarding or rooming house, convales-
cent home, fraternity or sorority house, hotel, motel, inn, lodging or
nursing or other similar home, or other similar structure shall not be
deemed to constitute a "dwelling unit."
EASEMENT - A grant of the use of a strip of land by the public or by a
corporation or persons for specific purposes.
FAMILY - One or more persons Occupying a dwelling unit as a single
nonprofit housekeeping unit. More than five persons, exclusive of
domestic servants, not related by blood, marriage or adoption, shall not
be considered to constitute a "family."
FARM - For the purposes of this chapter a farm shall be defined as site
or series of ad~oinin9 parcels under single ownership or management
devoted to agricultural use.
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FARM BUILDINGS - Ail structures useful or necessary for the conduct of
agricultural activities including, but not limited to, barns, silos,
mechanical equipment storage sheds, animal ~ens or other shelters.
FENCE - A vertical enclosure, solid or partially open, to prevent stray-
ing from within or intrusion from without or intended to be used as a
visual screen. A fence is considered a structure for the purposes of
this chapter.
FISH PROCESSING - The readying of fish and shellfish for shipping to
market, including icing, cleaning, filleting, shucking, and the cooking
of crabs or lobster, but not including other cooking, canning, freezing,
smoking or other "fish factor}," operations.
FLOOD HAZARD AREA - Land in the flood plain subject to a one ~ercent or
greater chance of flood in any ~iven year.
FLOOD PLAIN - The relatively flat area or low lands adjoining the channel
of a river, stream, watercourse, canal, or any body of standing water,
which has been or may be covered by flood water.
FLOOR AREA - The sum of the gross horizontal areas of all floors of the
building or buildings on a lot, having a clear height of not less than
six feet measured from the exterior faces of exterior walls or from the
center line of party walls separating two buildings, including cellar and
basement areas. The floor area shall not include: roof overhangs pro-
~ectin~ less than three feet or an~ floors or ~ortions thereof contained
on terraces or balconies ~ro~ecting beyond the exterior face of the
building.
FLOOR AREA, LIVABLE - All spaces within the exterior walls of a dwelling
unit, exclusive of garages, breezeways, unheated proches, cellars, heater
rooms and approved basements having a window area of less than ten
percent of the square foot area of the room. Usable floor area shall
include all spaces not otherwise excluded above, such as: principal
rooms, utility rooms, bathrooms, all closets and hallways opening
directly into any rooms within the dwelling unit.
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.
FRONTAGE - The width of a lot at the street line.
GARAGE, PRIVATE - A building used as an accessory to the main building
for the storage of one or more gasoline or other power-driven vehicles
owned and used by the owner or tenant of the lot on which the garage is
erected, for the storage of not exceeding two additional vehicles (not
trucks) owned or used by others and in which no occupation, business or
service for profit is carried on without special permit.
GARAGE, PUBLIC - A building, other than a private garage, used for
housing or care of gasoline or other power-driven vehicles, or where such
I-8
vehicles are equipped for operation, repaired or kept for remuneration,
hire or sale.
GARAGE, REPAIR - A building, other than a private garage, used for
adjustment, ~ainting, replacement of parts or other re~air or restoration
of motor vehicles or ~arts thereof, whether or not accessor~ or
incidental to another use.
GASOLINE SERVICE STATION - A structure and surrounding land used for the
storage and sale of petroleum fuel ~rimaril~ to motor vehicles and for
accessor~ uses such as the sale of lubricants, accessories or supplies,
the incidental washing of motor vehicles and the ~erforming of minor
re~airs within a building; however, a service station is not a re~air
garage nor a body shop.
GROUND FLOOR - The first floor of a building other than a cellar or
basement.
GUEST UNIT - A bedroom-sleeping accom~nodation for transient guests, which
may or may not include bathroom facilities and shall be occupied by no
more than two adult persons and be at least 80 sc~uare feet in area.
HEIGHT - See Building Height.
HISTORIC BUILDING - See Landmark Designation.
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 square feet in total area, bearing only the name and
occupation (words only) of the practitioner.
HOMEOWNERS OR HOMES ASSOCIATION - A com~unit~ association, including a
condominium association, which is organized in a residential develo~mnent
in which individual owners have a shared interest in and res~onsibilit~
for o~en s~ace or facilities.
HOTEL OR MOTEL, RESORT - A building or grou~ of buildings, whether
detached or in connected units, containing individual guest units
consisting of a room arranged or designed to be available for use as
slee~ng c~uarters for transients on a dail~ rental basis or for
vacationers or other persons on a weekl~ rental basis, ~rovided that one
such unit ma~ connect directly with not more than one other such unit.
Each unit shall have a door o~ening on the exterior of the building or on
a common hallwa~ leading to the exterior. A "resort motel" ma~ include
such accessor~ uses as a beach cabana, private dock, dining room,
restaurant or swimming ~ool, conference and meeting facilities, or an
I-9
accessor~ convenience shop, office or personal service facility, provided
that such facility or shop is located within the building without any
external sign or display and off-street parking facilities. The term
"resort motel" shall not he construed to include "transient motel" or
"mobile home park".
HOTEL OR MOTEL, TRANSIENT - A building or group of buildinss, whether
detached or in connected units, containing individual ~uest units
consistin~ of a room arranged or designed to be available for use as
sleepin~ and living quarters for transients on a daily rental basis,
provided that one such unit may connect directly with no more than one
other such unit and that no cooking facilities shall be available. Each
such unit shall have a door openin~ on the exterior of the buildin~ or on
a common hallwa~ leading to the exterior. A "transient hotel or motel"
may include such accessor~ uses as an office, restaurant, accessor~
~ersonal services, swimming ~ool and off-street parking facilities. The
term "transient hotel or motel" shall not be construed to include "resort
motel" or "mobile home park," nor shall it be deemed to include an~
dwellin~ unit except that of the owner or manager.
JUNKYARD - Land occupied or to be occupied for storage of old wood,
paper, cloth or metal, including old automobiles, trucks, equipment,
machinery, fixtures and appliances not usable as originally designed, and
also including any portion of such old automobiles, trucks, equipment or
machinery as may be sold as and for junk or salvage. The existence on
any residential lot of three or more unregistered automobiles or trucks
not housed within a building shall be deemed to be a ~unk ~ard. Public
sanitary landfills and the structures located thereon shall not be
included in this definition.
LANDMARK DESIGNATION - The designation of a building or structure of
architectural or historic significance to the Town through listing the
property in the Town's Register of Designated Landmarks and filing a copy
of the entry in the Town Clerk's office.
LANDSCAPING - An area of land restricted to landscape items which may
also include such elements as natural features, earth berms, sculpture,
signs, lighting, access-wa~s, bikeways and pedestrian-ways.
LIGHT INDUSTRY - An activit~ which involves the fabrication, reshaping,
reworking, assembly or combinin~ of products from previously prepared
materials and which does not involve the synthesis of chemical or chemi-
cal products other than for pharmaceutical or research purposes or the
processin~ of any raw materials, except a~ricultural raw materials.
Light industry, includes industrial operations such a electronic, machine
parts and small component assembly, as opposed to heav~ industrial
operations such as automobile assembly or milling activities.
LOADING BERTH - A dust-~ree space at least 15 feet wide and 45 feet long,
having a minimum 14 foot vertical clearance for loadin~ and unloading
vehicles. No such space required by this chapter or depicted on an~ site
plan shall constitute a parking space.
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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 build-
ings accessory thereto, if any, together with the required open spaces
appurtenant to such buildings or group of buildings.
LOT AREA - The area of a lot taken at its ~erimeter, exclusive of any
~ortion within a ~ublic or ~rivate street right-of-way.
LOT, CORNER - A lot at the junction of and abutting on two or more
intersecting streets where the interior angle of intersection does not
exceed 135°. 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 135°.
LOT COVERAGE - That percentage of the lot area covered by the building
area.
LOT DEPTH - The minimum distance from the street line of the lot to the
rear lot line of such lot.
LOT, INTERIOR - A lot other than a corner lot or a through lot.
LOT LINE - Any boundary of a lot other than a street line.
LOT LINE, FRONT - The lot line separating a lot from a street right-
of-way; also referred to as "street line."
LOT LINE, REAR - The lot line generally opposite to the street line; if
the "rear lot line" is less than 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 10 feet long, lying farthest from the front lot line and
parallel to the front lot line.
LOT LINE, SIDE - Any lot line other than a front or rear lot line.
LOT, REAR OR FLAG - A lot located in such a ~osition that it is to the
rear of some other lot fronting on the same street and served b~ means of
an accesswa~.
LOT, THROUGH - A lot which fronts u~on two streets which do not intersect
at the boundaries of the lot.
LOT, WIDTH - The average distance between side lot lines, taken at the
front yard or setback line and measured at right angles to the side lot
lines or along a line parallel to the street.
LOWER AND MODERATE COST HOUSING - Housing which is constructed and ke~t
available for families or individuals with low or moderate income,
includin~ senior citizens, as defined b~ the Plannin~ Board.
1-11
MAIN FLOOR - The largest area found by the projection of a horizontal
plane through the livable floor area which is enclosed by the exterior
walls of the building.
MANUFACTURING - Any process whereby the nature, size or shape of articles
or raw materials is changed, or where articles are assembled or packaged.
MARINA OR BOAT BASIN - Any premises containing one or more piers,
wharves, docks, moorings, bulkheades, 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.
MASTER PLAN - A ~lan for the development of all or portions of the Town
of Southold, prepared for or by the Planning Board pursuant to Section
272-a of the Town Law, which plan indicates the general locations of
physical development within the Town, and includes any unit or part of
such plan separately adopted and any amendment to such plan or parts
therein.
MEAN HIGH WATER (MHW) - Average height of high waters datum reported
the U.S. Geological Survey.
MOTEL, RESORT - See Hotel or Motel, Resort.
MOTEL, TRANSIENT - See Hotel or Motel, Transient.
NONCONFORMING BUILDING OR STRUCTURE - A building or structure
existing on the e~fective date of this regulation or any applicaDle
amendment thereto, but which fails by reason of such adoption, revision
or amendment to conform to the ~resent district regulations for any
~rescribed structure or buildin~ rec~uirement, such as front, side or rear
yards, building height, building areas or lot coverage, lot area ~er
dwelling unit, dwelling units ~er building, number of ~arkin~ and loading
s~aces, etc., but which is continuously maintained after the effective
date of these regulations.
NONCONFORMING LOT - A lot the area, or, dimension of which was lawful
prior to the adoption, revision or amendment of a zoning ordinance, but
which fails to conform to the rec~irements of the zoning district in
which it is located by reason of such adoption, revision or amendment.
NONCONFORMING USE - A use, whether of a building, sign or tract of land,
or combination of these, legally existing on the effective date of this
chapter, which does not conform to the present use regulations of the
district in which it is located, but which is continuously maintained
after the effective date of these regulations.
NURSERY SCHOOL - A building or buildings, to~ether with any accessor~
uses, buildings or structures, used as an organized instructional
facility for five or more enrolled children under six years of age other
than the children of the resident family, and not furnishing slee~in~
facilities except to the resident family.
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OFF-STREET PARKING SPACE - A space for the parking of one motor vehicle
within a public or private parking area, but not within a dedicated
street.
OPEN SPACE - Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved ~or public or private
use or en~o~ment or for the use and en~o~ment of owners and occupants of
land ad~oinin~ or neighboring such open space; provided that such areas
ma~ be improved with only those buildings, structures, streets and
off-street parking and other improvements that are designed to be inci-
dental to the natural openness of the land.
OUTDOOR STORAGE - The keeping, in an unroofed area, of any goods, ~unk,
material, merchandise, or vehicles in the same place for more than
twenty-four hours.
OWNER - The term shall be construed to include the duly authorized a~ent,
attorney, purchaser, devisee, fiduciar~ or any person having vested or
contingent interest in the propert~ in question.
PARKING LOT - An off-street, ground level area, surfaced and improved for
the tem~orar~ storage of motor vehicles.
PARTIAL SELF-SERVICE GASOLINE SERVICE STATION - A gasoline service
station primarily for the servicing of motor vehicles and the dispensing
of gasoline by means of a qualified attendant controlling an approved
console regulating the flow of gasoline into fixed and approved dispens-
ing equipment thereafter to be operated by the customer at one set of
pumps on one pump island and by a qualified attendant operating dispens-
ing equipment at all other pump islands.
PERFORMANCE GUARANTEE - Any security, in accordance with the requirements
of this chapter, which may be accepted b~ the Town as a guarantee that
improvements required as part of an application for development are
satisfactorily completed.
PERSON - Any association, partnership, corporation, cooperative group,
trust or other entity as well as an individual.
PLANNING BOARD - The Planning Board of the Town of Southold.
PLAT - The map of a subdivision.
PRINCIPAL BUILDING - A building in which is conducted the main or princi-
pal use of the lot on which said building is located.
PRINCIPAL USE, - The main or primar~ purpose or purposes for which land
and/or structure(s) is designed, arranged, or intended or for which such
land or structure(s) ma~ be occupied or maintained under this ordinance.
PROFESSIONAL OFFICE - The office of a member o~ a recognized profession
or occupation, including architects, artists, authors,dentists, doctors,
1-13
lawyers,veterinarians, ministers, musicians, optometrists, engineers,
realtors and such other similar pro~essions or occupations which may be
so designated by the Board of Appeals.
PUBLIC WATER; PUBLIC SEWER - Communal sewage disposal systems and com-
munal water supply systems approved by public agencies having jurisdic-
tion thereof.
RECREATION FACILITY, COFAMERCIAL - An indoor or outdoor privately-run
business involving ~laying fields, courts, arenas or halls designed to
accommodate sports and recreational activities such as billiards,
bowling, dance halls, g~mnasiums, health s~as, skating rinks, shooting
ranges, tennis courts and swimming pools.
RECREATIONAL VEHICLE - A vehicular type ~ortable structure without
~ermanent foundation, which can be towed, hauled or driven and primarily
designed as tem~orar~ living accom~nodation for recreational, camping and
travel use and including but not limited to travel trailer, trucks
campers, camping trailers and self-propelled motor homes.
RESEARCH LABOI~ATORY - A building for experimentation in pure or applied
research, design, development, and production of ~rototy~e machines or
devices, or of new ~roducte, and uses accessor~ thereto, wherein ~roducts
are not manufactured for wholesale or retail sale; wherein commercial
servicing or repair of commercial ~roducts is not ~erformed; and where
there is no display of any materials or ~roducts.
RESIDENTIAL CLUSTER - An area to be developed as a single entity accord-
lng to a plan containin~ residential housing units and having a common or
public o~en s~ace.
RESTAURANT - Any ~remises where food is commercially sold for on-~remises
consumption to ~atrons seated at tables or counters. Any facility making
use of carhop or parking lot service to cars or for the consumption of
food to be eaten in said cars or outdoors, shall not be considered a
"restaurant" for the ~ur~ose of this chapter, and shall be deemed to be a
"drive-in or fast-food restaurant."
RESTAURANT, DRIVE-IN OR FAST FOOD - Any establishment whose principal
business is the sale of foods, frozen desserts, or beverages to the
customer in a ready to consume state, usually served in pa~er, ~lastic or
other disposal containers, for consumption within the restaurant
building, elsewhere on the premises, or for carryout, for consumption off
the premises.
RETAIL STORE - An enclosed structure where ~oods are offered for sale to
the public as take-out items, includin~ hardware, drugs, food and
beverage, furnishin~s, a~parel and similar products. Minor repair
services within the establishment may be undertaken as ~art of ~roduct
sales.
1-14
RIGHT-OF-WAY LINES - The boundary lines of land used or intended for use
as streets, as shown on deeds, plats, or the Master Plan, and from which
yard and other requirements shall be measured.
ROADSIDE FARM STAND, AGRICULTURAL STAND - A booth or stall located on a
farm from which agricultural products are sold to the ~eneral ~ublic.
SEPTIC TANK - A water-tight receptacle that receives the discharge of
sewage from a building, sewer or part thereof and is designed and con-
structed so as to ~ermit settlin~ of solids, digestion of the organic
matter, and discharge of the lic~uid portion into a disposal area.
SETBACK - An area extendin~ the full width of the lot described or a
distance between the street ri~ht-of-wa~ and buildin~ for the full
recruited front yard depth within which no buildings or parts of buildings
may be erected.
SIGN - Any structure or part thereof, or any device attached to a build-
ing 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 an-
nouncement, 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 cam-
paign, 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, but not the supporting structure.
(2)
When such sign consists only of letters, designs or figures en-
graved, 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.
SITE PLAN - A develo~xnent ~lan for one or more lots on which is shown
(1) the existin~ and ~ro~osed conditions of the lot, includin~ but not
necessarily limited to topography, vegetation, drainage, flood ~lains,
marshes and waterways, (2) the location of all existin~ and proposed
buildings, drives, ~arkin~ s~aces, walkways, means of in~ress and e~ress,
drainage facilities, utility services, landscaping, structures and signs,
lishtin~, screenin~ devices, and (3) any other information that may be
reasonably requited in order to make an informed determination pursuant
to an ordinance requiring review and a~roval of site plans by the
Plannin~ Board.
1-15
SPECIAL EXCEPTION PEP44IT - A permit for a use that is appropriate in a
particular district if certain conditions are met.
STORY - That part of any building, exclusive of cellars but inclusive of
basements, comprised between the level of one finished floor and the
level of the next higher finished floor, or if there by no higher fin-
ished floor, then that part of the building comprised between the level
of the highest finished floor and the top of the roof beams.
STORY, HALF - Any space with a minimum clear height of five feet partial-
ly within the roof framing where the clear height of not more than 50% of
such space between the top of the floor beams and the structural ceiling
level is seven feet six inches or more.
STREET - A street, improved to the satisfaction of the Planning Board,
which is one of the following:
(1) An existing town, county or state highway or street.
(2) A street shown on an approved subdivision final plat.
(3)
A street shown on a map filed with the County Clerk (in accordance
with Section 280-a of the Town Law) prior to Planning Board au-
thorization to review subdivisions.
(4) A street shown on the Town Official Map.
(5) A street includes the land between the street right-of-way lines,
whether improved or unimproved, and may comprise pavement, shoul-
ders, ~utters, curbs, sidewalks, ~arkin~ areas and other areas.
STREET LINE - The dividing line between a lot and a street.
STRUCTURE - See Building.
STRUCTURAL ALTERATION - Any change in the supporting members of a build-
ing, such as beams, columns, girders, footings, foundations or bearing
walls.
SWIPING POOL - A structure containin~ an artificial body of water, which
is ~reater than six feet lon~ or wide, and ~reater than 18 inches in
de~th at any point. Natural or man-made ponds all banks of which have a
slope of less than 45 de~rees shall not be included in this definition.
TOURIST CAMP - Any lot, piece or parcel of ground where two or more
tents, tent houses, camp cottages, house cars or house trailers used as
living or sleeping quarters are or may be located, said camp being
operated for or without compensation.
!
TOURIST COTTAGE OR CAMP COTTAGE - A detached building having not less
than 100 square feet or more than 450 square feet of cross-sectional
1-16
area, designed for or occupied as living and sleeping quarters for
seasonal occupancy.
TOWN BOARD - The Town Board of the Town of Southold.
TOWNHOUSE - A dwelling unit in a building containing at least three
connected dwelling units divided by comm%on vertical ~arty walls, with
~rivate entrances to each dwelling. A townhouse may include dwelling
units owned in fee sim~le or in condominium or cooperative ownershi~ or
any combination thereof.
TP~ILER OR MOBILE HOME - Any vehicle mounted on wheels, movable either by
its own power or by being drawn by another vehicle, and equipped to be
used for living or sleeping quarters or so as to permit cooking. The
term "trailer" shall include such vehicles if mounted on temporary or
permanent foundations with the wheels removed and shall include terms
"automobile trailer" and "house car."
USABLE OPEN SPACE - An unenclosed portion of the ground of a lot which is
not devoted to driveways or parking spaces, which is free of structures
of any kind, of which not more than 25% is roofed for shelter purposes
only, the minim%un dimension of which is 40 feet, and which is available
and accessible to all occupants of the building or buildings on the said
lot for purposes of active or passive outdoor recreation.
USE - The ~ur~ose for which land or a structure is arranged, designed, or
intended, or for which either land or a structure is or may be used,
occupied or maintained.
YARD - An open space, other than a court, on the same lot with a build-
ing, which is, exclusive of trees, shrubs, and natural rock formations,
unoccupied and unobstructed from the ground upward.
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 LINE - A line drawn ~arallel to a street or lot line at a distance
therefrom ec~ual to the respective yard dimension recruited by this
cha~ter.
YARD, REAR - An unoccupied ground area fully open to the sky between the
rear lot line and a line drawn parallel thereto.
YARD, SIDE - An unoccupied ground area fully open to the sky between any
property line other than a street or rear lot line and a line drawn
parallel thereto between the front and rear yards.
ZONE - A finite area of land, as designated by its boundaries on the
Zonin~ Map, throughout which s~ecific and uniform regulations govern the
use of land and/or the location, size and use of buildings.
1-17
ZONING BOARD - See Board of Appeals.
ZONING MAP - The map annexed to and made Fart of this chapter, indicating
zone boundaries.
1-18
ARTICLE II
Districts
9100-20. District designations.
For the purpose of this chapter, the Town of Southold, Outside of the incor-
porated Village of Greenport, is hereby divided into districts designated as
follows:
R-80 -
R-40 -
R-120 -
R-200 -
R-400 -
Agricultural-Conservation District (Two acre minimum)
Residential Low Density District (TwO acre minimum)
Residential Low Density District (One acre minimum)
Residential Low Density District (Three acre minimum)
Residential LoW Density District (Five acre minimum)
Residential Low Density District (Ten acre minimum)
HD - Hamlet Density Residential District
RR-A - Resort Residential District - A
RR-B - Resort Residential District - B
RO - Residential Office District
HB - Hamlet Business District
LB - Limited Business District
B-1 - General Business District
M-Rec - Marine Recreation District
MB - Marine Business District
LIO - Light Industrial Park/Office Park District
LI - Light Industrial District
~100-21. Zoning Map.
The boundaries of the said districts are hereby established as shown on the
Zoning 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-date 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:
Where district boundaries are indicated as approximately following the
center lines of streets, highways, waterways or railroad rights-of-way,
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or such lines extended, such center lines shall be construed to be such
boundaries.
Where such boundaries are indicated as approximately following the
property lines of parks or other publicly-owned lands, such lines shall
be construed to be such boundaries.
Unless otherwise shown, all district boundaries running parallel to
streets shall be construed to be 200 feet back from the rights-of-way of
said streets.
In all cases where a district boundary divides a lot in one ownership and
more than 50% of the area of such lot lies in the less restricted dis-
trict, the regulations prescribed by this chapter for the less restricted
district shall apply to such portion of the more restricted portion of
said lot which lies within 30 feet of such district boundary. For the
purposes of this subsection, the "more restricted district" shall be
deemed that district subject to regulations which:
(1) Prohibit the use intended to be made o~ said lot; or
(2) Require higher standards with respect to coverage, yards, screening,
landscaping and similar requirements.
In all cases where a district boundary line is located not more than 15
feet from a lot line of record, such boundary line shall be construed to
coincide with such lot line.
In all other cases where dimensions are not shown on the map, the lo-
cation of boundaries shown on the map shall be determined by the use of
the scale appearing thereon.
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 contigu-
ous.
~100-23. Effect of establishment of district.
Following the effective date of this chapter:
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 open spaces connected therewith and
II-2
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.
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:
A building permit shall have been duly issued and construction shall
have been started before the effective date of this chapter.
The ground story framework (incIuding the second tier of beams)
shall have been completed within six months of the date of the
building permit.
The entire building shall have been completed in accordance with
such plans as have been filed with the Building Inspector within one
year from the effective date of this chapter.
Any use not permitted by this chapter shall be deemed to be prohibited.
Any list of prohibited uses contained in any section of this cha~ter,
shall be deemed to be not an exhaustive list, but to have been included
for the pur$oses of clarity and emphasis.
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 filing operations have been duly authorized and are conducted
in conformity with all laws, ordinances, rules an~ regulations of all
governmental agencies having jurisdiction thereof.
See also Chapter 32 Boats, Docks and Wharves, chapter 81 Soll Removal and Chapter 97 Wetlands.
II-3
ARTICLE III
Agricultural-Conservation District
Low Density Residential R-80, R-120, R-200, R-400 Districts
S100-30. Purpose.
The purpose of the Agricultural-Conservation (A-C) District and the Low
Density Residential R-80, R-120, R-200 and R-400 Districts is to reasonably
control, and to the extent ~ossible prevent, the unnecessary loss of those
currently open lands within the Town containing large and contiguous areas of
prime agricultural soils which are the basis for a significant ~ortion of the
Town's economy and those areas with sensitive environmental features including
aquifer recharge areas and bluffs. In addition these areas provide the open
rural environment so highly valued by year-round residents and those ~ersons
who support the Town of Southold's recreation, resort and second home economy.
The economic, social and aesthetic benefits which can be obtained for all
citizens b~ limiting loss of such areas are well documented, and have inspired
a host of governmental programs designed, with razzing degrees of success, to
achieve this result. For its part, the Town is expending large sums of money
to protect existing farm acreage. At the same time, the Town has an
obligation to exercise its authority to reasonably regulate the subdivision
and development of this land to further the same purposes, while honoring the
legitimate interests of farmers and other farmland owners.
S100-31. Use regulations.
In an 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 uses except the following:
A. Permitted uses.
One-family detached dwellings, not to exceed one dwelling on each
lot.
The following commercial agricultural operations and accessory uses
thereto, including irrigation, provided that there shall be no
storage of manure, fertilizer or other odor- or dust-producing
substance or use, except spraying and dusting to protect vegetation,
within 150 feet of any lot line:
The raising of field and garden crops, vineyard and orchard
farming, the maintenance of nurseries and the seasonal sale of
products grown on the premises subject to the following special
requirements:
(1)
All buildings or structures for display and retail sales
of agricultural and nursery products grown on the premises
shall not exceed 1,000 square feet in floor area or one
story in height. Display of produce, at a roadside farm
III-1
stand shall be not less than 10 feet from all street and
lot lines. Any roadside farm stand in excess of 100
square feet in floor area shall be set back 20 feet from
the street line. Any stand in existence at the effective
date of this chapter must, within one year, comply with
all of the provisions hereof.
(2)
Off-street parking as required in the Parking Schedule
shall be provided and shall be approved by the Planning
Board.
(3) Ail signs shall conform to the provisions of subsection C
(9) of S100-31 herein.
The keeping, breeding, raising and training of horses, domestic
animals and fowl for conuuercial purposes on lots of 10 acres or
more.
Ce
Barns, storage buildings, greenhouses (including plastic
covered), and other related structures, provided that such
buildings shall conform to the yard requirements for principal
buildings.
Buildings, structures and uses owned or operated by the Town of
Southold, School Districts, Park Districts and Fire Districts.
Be
Uses permitted by special exception by the Planning Board. The following
uses are permitted as a special exception by the Planning Board, as
hereinafter provided, and subject to site plan approval by the Planning
Board.
1. Two-family dwellings not to exceed one such dwelling on each lot.
2. Accessor~ apartment in sin~le-famil~ residences:
Ail dwellin~ units created shall be for the use of, and avail-
able to, lower and/or moderate income families as defined
herein.
bo
The residence in which the apartment is proposed to be located
shall be in existence as of A~ril 9, 1957, shall have a valid
certificate of occu~anc~ and shall be owner-occupied. Use of
the a~artment shall be deemed to be explicit~ tied to such
continuin~ owner occupanc~ in an~ written or oral lease, such
that said lease, and all use of the apartment b~ the tenant,
shall terminate if the resident owner shall have been absent
Co
from the premises of more than one ~ear.
The ex~licit written a~roval of the Town Fire Inspector shall
be obtained for the design, location, access and other safe-
t~-related elements of every such apartment. Fire detection
III-2
equipment specified by the Inspector shall be installed both in
the residence and in the apartment.
The dwelling shall have a minimum total of i,600 sc~uare feet of
livable floor space above the ground. The habitable floor area
of the apartment shall be at least 450 square feet, but in no
case shall the apartment have a floor area greater than 750
s~uare feet. There shall not be more than two bedrooms, and no
bedroom shall contain less than 100 square feet of livable
floor s~ace.
The a~artment shall have a separate entrance/exit to the
outside distinct from any other entrances to the residence.
The a~artment also shall have its own kitchen and bathroom
facilities distinct from those contained in the residence, and
shall contain all services for safe and convenient habitation,
meeting the New York State Uniform Fire Prevention and Building
Code and the Sanitary Code.
There shall be created no more than one such a~artment in any
single-family residence.
The creation of the a~artment shall not require or entail the
expansion of the existing residence, except that expansion o~
u~ to 200 sc~are feet may be ~ermitted to accommodate a new
entrance, kitchen or bathroom, but all applicable coverage,
total coverage and setback requirements a~licable to the lot
on which the residence is located must be complied with.
h. There shall be room on the lot on which the residence is
located for the ~arking of cars of the family occupying the
a~artment. NO more than two such cars shall be ~ermitted to
~ark on the lot. No such car shall be ~ermitted to ~ark on the
street or on any other nearby property.
Only the owner of the residence may a~ly for this s~ecial
~ermit. The Planning Board shall require that such applicant
execute such agreements, contracts, easements, convenants, deed
restrictions or other legal instruments running in favor of the
Town, as u~on recommendation of the Town Attorney, the Board
shall determine to be necessary to insure that:
(1)
The a~artment, or any ~ro~rietary or other interest
therein, will not be sold to the tenant or any other
party, except as part of a sale of the entire residence in
which the a~artment is located.
(2) The a~artment is made available for year-round rental.
(3) The a~artment is ~ro~erly constructed, maintained and
used, and una~roved uses are excluded therefrom.
III-3
(4) Any other condition deemed reasonable and necessary to
insure the immediate and long-term success of the apart-
ment in helpin~ to meet identified housing needs in the
community is met.
The Special Permit shall terminate upon the transfer of title
by the owner, or upon the owner's ceasing to occupy one of the
dwelling units as the owner's principal residence. In the
event of an owner's demise, the occupant of an accessory
apartment may continue in occupancy for the period until a new
owner shall occupy the balance of the dwellin~ or one year from
date of said demise, whichever shall first occur.
Site Plan approval shall be obtained before issuance of any
building permit or certificate of occupancy, and no special
permit shall be issued until a public hearing, which hearin~
may be combined with the hearing required for site plan review,
shall have been held.
Places of worship, including parish houses (but excluding a rectory
or parsonage, which shall conform to the requirements for a one-
family dwelling), subject to the following requirements:
NO building or part thereof shall be erected nearer than 50
feet to any street line and nearer than 20 feet to any lot
line.
The total area covered by all principal and accessory buildings
shall not exceed 20% of the area of the lot.
Private elementary or high schools, colleges and other educational
institutions, subject to the following requirements:
No building shall be less than 50 feet from any street or lot
line.
The total area occupied by all principal and accessory build-
ings shall not exceed 20% of the area of the lot.
Any such school shall be a nonprofit organization within the
meaning of the Internal Revenue Act and shall be registered
effectively thereunder as such.
Any such school shall occupy a lot with an area of not less
than five acres plus one acre for each 25 pupils for which the
building is designed.
Nursery schools.
Philanthropic, eleemosynary or religious institutions, hospitals,
nursing and rest homes or sanitaria for general medical care, but
III-4
excluding facilities for the treatment of all types of drug
addiction, subject to the following requirements:
No building or part thereof or any parking or loading area
shall be located within 100 feet of any street line nor within
50 feet of any lot line.
The total area covered by principal and accessory buildings
shall not exceed 20% of the area of the lot.
The maximum height shall be 35 feet or two and one-half stor-
ies.
The entire lot, except areas occupied by buildings or parking
or loading areas, shall be suitably landscaped and properly
maintained.
Sufficient exterior illumination of the site shall be required
to provide convenience and safety. All such illumination shall
be shielded from the view of all surrounding streets and lots.
Any nursing home, hospital or sanitarium shall meet the follow-
ing standards:
(1) Ail buildings shall be of fire-resistive construction.
(2)
Ail such uses shall be served by adequate water and sewer
systems approved by the Suffolk County Department of
Health.
(3)
Patients suffering from communicable diseases shall not be
permitted in any nursing home or sanitarium (communicable
diseases are defined by the Sanitary Code of the Public
Health Council of the State of New York.
(4) 8,000 square feet of lot area shall be provided for each
patient bed.
Public utility rights-of-way as well as structures and other instal-
lations necessary to serve areas within the Town, subject to such
conditions as the Plannin~ Board 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.
Beach clubs, tennis clubs, countr~ clubs, ~olf clubs, ~ublic golf
courses, and annual membership clubs catering exclusively to members
and their guests, and accessory playgrounds, beaches, swimming
pools, tennis courts, recreational buildings, and maintenance
buildings subject to the following requirements:
III-5
9e
No building or part thereof or any parking or loading area
shall be located within 100 feet of any street line or within
50 feet of any lot line.
The total area covered by principal and accessory buildings
shall not exceed 20% of the area of the lot.
Ce
Such use, except a golf course, shall not be conducted for
profit as a business enterprise.
de
NO such use shall occupy a lot with an area of less than three
acres.
The direct source of all exterior lighting shall be shielded
from the view of surrounding residential lots.
Children's recreation camps organized primarily for seasonal use,
subject to the following requirements:
No building, tent, activity area or recreation facility shall
be less than 200 feet from any lot line, and any such building,
tent, activity area or recreation facility shall be effectively
screened therefrom as required by the Planning Board. Build-
ings intended for use as sleeping quarters shall be not less
than 30 feet from each other, except tents, which shall be not
less than 10 feet apart.
The minimum lot area shall be not less than 10,000 square feet
for each cottage, tent or other principal building, and not
less than 3,000 square feet of land area shall be provided for
each person accomodated in the buildings or tents on the
premises.
Ail outdoor lighting shall be arranged and/or shielded to
eliminate the glare of lights toward nearby residential lots,
streets or other public facilities.
de
The sound level of all outdoor public-address systems shall not
exceed the intensity tolerable in a residential neighborhood.
10. Farm labor camps, subject to the following requirements:
ll.
aw
Ail farm labor camps on farms shall be constructed in confor-
mance 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 Planning Board.
Veterinarian offices and animal hospitals, subject to the following
requirements:
ae
The housing of all animals shall be in a fully enclosed struc-
ture, if nearer than 150 feet to any lot line.
III-6
12. Cemeteries.
13. Stables and riding academies.
14.
Wineries for the production and retail sale of wine produced from
grapes grown on the vineyard on which such winery is located, and/or
in the Town of Southold.
Accessory uses, limited to the following uses and subject to the
conditions listed in S100-33 herein.
Any customar~ structures or uses, except those prohibited by this
ordinance.
2. Home occupations includin~ professional offices, 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 nonresident assistant.
Such occupation is carried on in an area not exceeding 25% of
the area of one floor of the main building, and in no event
more than 500 s~uare feet of floor area.
do
There shall be no exterior effect at the property line, such as
noise, traffic, odor, dust, smoke, gas, fumes or radiation.
In no manner shall the appearance of the buildin~ be altered
nor shall the occupation within the residence be conducted in a
manner that would cause the premises to lose its residential
character, either by the use of colors, materials, construc-
tion, or lighting. No displa~ of products shall be visible
from the street, and no stock in trade shall be kept on the
~remises.
Studios where dancing or music instruction is offered to groups
in excess of five pupils at one time, or where concerts or
recitals are held, are prohibited.
Home occupations shall in no event be deemed to include:
animal hospitals, kennels, barber shops, beauty parlors,
clinics, or hospitals, mortuaries, nurser~ schools, clubs, auto
repair sho~s, restaurants, tourist homes, roomin~ houses or
boardin~ houses, and uses similar to those listed above.
Boat docking facilities for the docking, mooring or acco~modation of
noncommercial boats, subject to the following requirements:
ao
There shall be docking or mooring facilities for no more than
two boats other than those owned and used by the owner of the
premises for his personal use.
III-7
b. The Town Trustees shall a~rove new boat docking facilities.
Garden house, toolhouse, storage building, playhouse, wading pool,
swimming pool or tennis court incidental to the residential use of
the premises and not operated for gain, subject to the following
requirements:
Any swimming pool shall be completely enclosed with a permanent
chain-link (or similar type) fence of not more than two-inch
mesh, not less than four feet in height, erected, maintained
and provided with a self-closing, self-latching gate to prevent
unauthorized use of the pool and to prevent accidents. Howev-
er, if said pool is located more than four feet above the
ground, then a fence is not required, provided that all points
of access to said pool are adequately protected by a self-
closing, self-latching gate. Any swimming pool in existence at
the effective date of the provisions of this subsection shall,
within one year from such date, comply with all of the pro-
visions hereof.
b. Individual outdoor tennis court related to residential use on a
lot containing a single-famil~ detached dwellin~ ~rovided that
the required ~ard set back rec~uirements are doubled and that
there is no li~htin~ for after dark use.
Private garages; provided, however, that not more than two passenger
automobile spaces in such garages may be leased to persons not
resident on the premises.
Off-street ~arkin~ spaces accessor~ to uses on the ~remises. Not
more than four off-street ~arkin~ shall be ~ermitted within the
minimum front ~ard.
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 subsection Q of
S100-191 Supplemental ~arkin~ regulations and the following
requirements:
a. Such boat or trailer shall not exceed 30 feet in length.
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 40% of the
area of the required rear yard.
Such boat or trailer shall not be located within 15 feet of any
street or lot line.
The keeping of horses and domestic animals Other than household pets
for noncommercial purposes, provided that such shall not be housed
III-8
10.
S100-32.
within 40 feet of any lot line. Housing for flocks of more than 25
fowl shall not be constructed within 50 feet of any line.
The following signs, subject to the supplementary sign regulations
hereinafter set forth in Article XX:
Not more than two non-ill~inated nameplates or professional
signs, each not more than two square feet in area.
Not more than two signs with a combined total area of not more
than 4~8 square feet, no one of which shall be larger than 24
square feet in size, advertising only the sale of farm, garden
or nursery products grown on the premises or of animals raised
on the premises.
One real estate sign, either single- or double-faced, not
larger than 12 square feet in size on any one or more lots,
advertising the sale or lease of only the premises on which it
is maintained, and set back not less than 15 feet from any lot
line. Where acreage or a subdivision has a continuous frontage
of 500 feet or more, said sign may not exceed 24 square feet in
size.
One bulletin board or other announcement or identification sign
for uses permitted in subsections B(3),(4),(5),(6),(8) and (9)
of the Agricultural Conservation District §100-31 hereof, not
more than 1--8 sop/are feet in area, located not less than 15 feet
from any street or lot line.
Such other signs as may be authorized as a special exception by
the Plannin~ Board as hereinafter provided.
Yard sales, attic sales, garage sales, auction sales or similar type
sales or personal property owned by the occupant of the premises and
located thereon, subject to the following requirements:
ae
Not more than one such sale shall be conducted on any lot in
any one calendar year.
b. Adequate supervised parking facilities shall be provided.
No signs, except one on-premises sign not larger than twelve
square feet in size displayed for a period of not longer than
one week immediately prior to the day of such sale, shall be
permitted.
A permit is obtained therefor from the Building Inspector upon
the payment of a fee of $15.
Bulk, area and parking requirements.
III-9
No building or premises shall be used and no building or part thereof shall be
erected or altered in the Agricultural-Conservation District and in the Low
Density Residential R-80 District unless the same conforms to the Bulk
Schedule and Parking Schedule incorporated into this chapter with the same
force and effect as if suh regulations were set forth herein in full, as well
as to the following Bulk and Parking requirements, to wit:
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 40,000 square
feet, a single family dwelling may be constructed thereon, provided that
the requirements of Column vii of the Bulk Schedule and the Parking
Schedule incorporated in this chapter are complied with.
The Bulk and Parking requirements for single-family dwellings as set
forth in Column ii of the Bulk Schedule and the Parking Schedule
incorporated into t--his chapter shall apply to the following lots, to wit:
Ail lots shown on major and minor subdivision maps which were
granted final approval by the Planning Board prior to May 20~ 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.
Ail lots shown on minor subdivision maps that have been granted
sketch plan approval by the Planning Board prior to May 20, 1983.
4e
Ail lots setoff or created by approval of the Planning Board
subsequent to November 23, 1971 and prior to May 20, 1983.
The Bulk requirements for single family dwellings set forth in Columns ~
and iii of the Bulk Schedule and Parking Schedule incorporated into this
chapter shall apply to the following lots, to wit:
All lots shown on minor subdivision maps which have been granted
sketch plan approval by the Planning Board on or after May 20, 1983.
Ail 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.
All lots setoff or created by approval of the Planning Board on or
after May 20, 1983.
The hulk and parking requirements for two-f~m~ly dwellings set forth in
Column xii of the Bulk Schedule and Parking Schedule incorporated into
this chapter shall apply to the following lots, to wit:
Ail lots shown on minor subdivision maps which have been granted
sketch plan approval by the Planning Board on or after May 20, 1983.
III-10
Ail lots shown on major subdivision maps upon which the Planning
Board has held a hearing for preliminary approval on or after May
20, 1983.
Ail lots setoff or created by approval of the Planning Board on or
after May 20, 1983.
§100-33. Accessory buildings.
In the Agricultural-Conservation District and Low Density Residential R-80,
R-120, R-200 and R-400 Districts, 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 18 feet in height.
Such buildings shall be set back no less than three feet from any lot
line.
Ce
Ail such buildings in the aggregate shall occupy not more than 40% of the
area of the required rear yard.
§100-34. Clustering requirement.
On lots of 20 or more acres in the A~ricultural Conservation and the Low
Density Residential R-120, R-200 and R-400 clusterin~ will be rec~uired in
accordance with Article XVIII of this chapter, within cluster developments,
the Town Plannin~ Board will accept plans for sin~le-famil~ detached homes.
The density of these homes will be as s~ecified in the ~articular district,
and the minimum lot size shall be 30,000 sc~uare feet.
In the R-80 District, clusterin$ can be mandated at the discretion of the
Plannin~ Board.
III-11
ARTICLE III - A
LOW Density Residential R-40 District
Sl00-30A. Purpose.
The ~ur~ose of the LOw Density Residential R-40 District is to ~rovide areas
for residential development where existing neighborhood characteristics, water
su~l~ and environmental conditions ?ermit full development densities of
a~roximatel~ one dwelling ~er acre and where open s~ace and agricultural
~reservation are not predominate objectives.
Sl00-31A. Use regulations.
In an R-40 District, no building or premises shall be used, and no building or
part of a building shall be erected or altered which is arranged, intended or
designed to be used, in whole or in part, for any uses except the following:
A. Permitted uses.
Same as subsection A of the Agricultural-Conservation District
~100-31.
Be
Uses permitted by special exception by the Planning Board. The following
uses are permitted as a special exception by the Planning Board, as
hereinafter provided, and subject to site plan approval by the Planning
Board.
Same as subsection B of the Agricultural-Conservation District
~100-31 except (9) children's recreation camp, (10) farm labor camp
and (11) veterinarian office and animal hospital not permitted.
2. Libraries, museums or art galleries.
C. Accessory uses, limited to the following:
Same as subsection C of the Agricultural-Conservation District
~100-31.
$100-32A. Bulk, area and parking requirements.
No building or premises shall be used and no building or part thereof shall be
erected or altered in the Low Density Residential R-40 District unless the
same conforms to the requirements of the Bulk Schedule and of the Parking
Schedule, with the same force and effect as if such regulations were set forth
herein in full.
S100-33A. Accessory buildings. Accessory buildings shall be subject to the
same requirements as ~100-33 of the Agricultural Conservation District.
III-A-1
ARTICLE IV
Hamlet Density Residential (HD) District
(Note: This district is comparable to the existing M District though its
applicability is more restricted and includes the provision of moderate and
lower cost housing as part of its purpose.)
~100-40. Purpose.
The purpose of the Hamlet Densit~ (HD) Residential District is to (1) ~ermit a
mix of housing t~es and level of residential densit~ a~ro~riate to the areas
in and around the ma~or hamlet centers, ~articularl~ Mattituck, Cutcho~ue,
Southold, Orient and the Village of Green~ort and (2) to ~romote the ~rovision
of lower cost housin9 in these hamlet and village areas, where ~rovision of
utilities exists or ma~ be ~ossible and desirable and where ~ublic facilities
and conmlercial activities are available.
S100-41. Applicability.
The Hamlet Densit~ (~D) Residential District ma~ be ma~ed b~ the Town Board
upon petition on ~arcels within one-half mile of a Hamlet Business (HB)
District of Mattituck, Cutcho$ue and Southold hamlet and within one-~uarter
mile of the Hamlet Business (HB) district of Orient, and within one-half mile
of the boundar~ of the Village of Green~ort.
~100-42. Use regulations.
In an HD District, no building or premises shall be used, and no building or
part of a building shall be erected or altered which is arranged, intended or
designed to be used, in whole or in part of any use except the following:
A. Permitted uses.
1. One-family detached dwelling.
2. Two-family dwelling.
Any use on a property rezoned to HD that was a ~ermitted use on the
property prior to rezonin~, shall be considered a permitted use.
Be
Uses permitted by special exception by the Plannin~ Board. The following
uses are permitted as a special exception by the Planning Board, as
hereinafter provided, and subject to site plan approval by the Planning
Board:
1. Multiple dwellings, townhouse, row or attached houses.
Accessory apartments in single-family residence as set forth and
regulated in subsection B (2) of the Agricultural-Conservation
District S100-31.
IV-1
C. Accessory uses, limited to the following:
1. Accessory, uses as set forth in and regulated in subsection (C)(1)
through (7) of A~ricultural-Conservation District §100-31
subject to the conditions set forth in ~100-33 thereof.
and
Freestanding Or ground signs, subject to the following requirements:
One sign either single- or double-faced, not more than 1--8 square
feet in area, and the upper edge of which shall not project more
than 5 feet above the ground unless attached to a fence or wall.
Such s--ign shall only indicate the name of the premises. Such sign
shall be sst back not less than 15 feet from all street and lot
lines. 'Such sign shall comply with all of the supplementary sign
regulations set forth in Article XX.
Central power and heating plants accessory to a principal use and
for the service of all structures on the premises.
~100-43. Bulk, area and parking rec~irements.
ao
NO building or premises shall be used and no building or part thereof
shall be erected or altered in the Hamlet Density (HD) Residential
District unless the same conforms with the Bulk Schedule and Parking
Schedule incorporated into this chapter, with the same force and effect
as if such regulations were set forth herein in full.
IV-2
ARTICLE V
Resort Residential A (RR-A) District
Note: This is a new district.
SlO0-50. Purpose.
The purpose of the Resort Residential A (RR-A) District is to provide
opportunity for waterfront resort development in what are essentially low
density residential areas at a density and character consistent with
surrounding uses.
S100-51. Use regulations.
In a Resort Residential A 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.
Any permitted use set forth in, and as regulated in subsection A of
the Agricultural-Conservation District §100-31.
Uses permitted by special exception by the Planning Board. The following
uses are permitted as a special exception by the Planning Board, as
hereinafter provided, and subject to site plan approval by the Planning
Board.
Any special exception use set forth in and as regulated in
subsection B of the Agricultural-Conservation District ~100-31.
Transient hotels or motels, resort hotels or motels, conference
facilities, provided the following requirements are met:
a. Minimum parcel shall be five acres.
There shall be a maximum of one guest unit per buildable acre
of the site.
No music, entertainment or loudspeaker system shall be audible
beyond the property line.
d. No lights shall create a glare on adjoining property.
Bed and breakfast enterprises or boarding and/or tourist homes
subject to the following conditions:
V-1
Said use must be located in a residence which shall be in
existence as of April 9, 1957, shall have a valid certificate
of occupancy and shall be owner-occupied.
There shall be a maximum of one guest unit per buildable acre
of the site up to maximum of nine units, and the maximum number
of guests shall be nine people.
If there is any mixed use of the site, the density or number of
guest units will be based upon the proportion of the site
utilized for such purpose.
Tourist camps on a minimum of five acres and as regulated in Chapter
88 of the Town Code (Special Exception by Town Board instead of
Planning Board).
5. Yacht club.
C. Accessory uses, limited to the following:
Any accessory uses set forth and as regulated in subsection C (1)
through (7) of the Agricultural-Conservation District $100-31 and
subject to the conditions set forth in $100-33 thereof.
5.
$100-52.
A.
Signs as regulated in subsection C (9) of the Agricultural-Con-
sezvation District $100-31, plus: In the case of a hotel, motel,
resort, tourist camp, country club, beach club, swim club, tennis
club, if the buildings is set back 25 feet, one free-standing or
ground illuminated sign with a maximum area of 18 square feet may be
permitted at the entrance set back a minimum of 15 feet from the
street line.
Restaurants, excluding fast food restaurants, accessory to a
principal use provided that the floor area of such restaurant shall
not exceed 10 percent of the total floor area of the principal use.
Marina facilities for the use of members, occupants, clients and
guests of uses permitted in subsection A or B of $100-51 herein.
Central power and heating plants accessory to the principal use and
for the service of all structures on the premises.
Bulk, area and parking requirements.
Except as otherwise provided herein no building or premises shall be used
and no building or part thereof shall be erected or altered in the Resort
Residential A District unless the same conforms with the Bulk Schedule
and Parking and Loading Schedules incorporated into this chapter with the
same force and effect as if such regulations were set forth herein in
full.
V-2
ARTICLE VI
Resort Residential B (RR-B) District
Note: This is a new district
S100-60. Purpose.
The purpose of the Resort Residential B (RR-B) District is to provide
opportunity for resort development in waterfront areas or other appropriate
areas where because of the availability of water and/or sewer more intense
development may occur consistent with the density and character of surrounding
lanes.
S100-61. Use regulations.
In an RR-B District, no building or premises shall be used, and no building or
part of a building shall be erected or altered which is arranged, intended or
designed to be used, in whole or in part, for any use except the following:
A. Permitted uses.
1. Any permitted use set forth in, and as regulated in subsection A of
the Agricultural-Conservation District ~100-31.
B. Uses permitted by special exception by the Planning Board. The following
uses are permitted as a special exception by the Planning Board, as
hereinafter provided, and subject to site plan approval by the Planning
Board:
1. Any special exception use set forth in, and as regulated in
subsections B (1), (2), (7) and (8) of the Agricultural-Conservation
District ~100-31.
2. Multiple dwellings.
3. Townhouses or row or attached houses.
4. Marinas for the docking, mooring or accommodation of nonco~ercial
boats.
5. Yacht clubs.
6. Transient hotels or motels, resort hotels or motels, conference
facilities provided that the following requirements are met:
a. Minimumparcel size shall be five acres.
b. The maximum number of guest units shall be:
one unit per 6,000 square feet of land without central
VI-1
water or sewer
one unit per 4,000 square feet of land with central water
and sewer
NO music, entertainment or loudspeaker system shall be audible
from beyond the property line.
d. No lights shall create a glare or adjoining property.
7o
Bed and breakfast enterprises or boarding and/or tourist home as set
forth and as requlated in subsection B (3) of the Resort
Residential-A District S100-51.
Tourist camps as regulated by Chapter 88 of the Town Code. (Special
Exception from Town Board instead of Planning Board)
9. Free standing restaurant.
C. Accessory uses.
Any accessory use set forth in, and as regulated by subsections C
(1) through (7) of the Agricultural-Conservation District S100-31 of
this chapter.
Signs as regulated in subsection C (9) of the Agricultural-Con-
servation District §100-31 of this chapter plus: In the case of a
hotel, motel resort, tourist camp, country club, beach club, swim
club, tennis club, if the building is set back 25 feet, one
free-standing or ground illuminated sign with a maximum area of 18
square feet may be permitted at the entrance, set back a minimum of
15 feet from the street line.
3. Sanitary and laundry facilities.
~100-62. Bulk, area and parking requirements.
Except as otherwise provided herein no buildings or premises shall be used and
no building or part thereof shall be erected or altered in the Residential
Resort B District unless the same conforms with the Bulk Schedule and Parking
and Loading Schedules incorporated into this chapter by reference, with the
same force and effect as if such regulations were set forth herein in full.
VI-2
ARTICLE VII
Residential Office (RO) District
Note: This is a new district.
~100-70. Purpose.
To provide a transition area between business areas and low density
residential development along major roads which will provide opportunity for
limited nonresidential uses in essentially residential areas.
S100-71. Use regulations.
In a Residential Office (RO) District, no building or premises shall be used,
and no building or part of a building shall be erected or altered which is
arranged, intended or designed to be used, in whole or in part, for any uses
except the following:
A. Permitted uses.
One-family detached dwellings, not to exceed one dwelling on each
lot.
Se
Buildings, structures and uses owned or operated by the Town of
Southold, School Districts, Park Districts and Fire Districts.
Uses permitted by special exception by the Planning Board. The following
uses are permitted as a special exception by the Planning Board, as
hereinafter provided, and subject to site plan approval by the Planning
Board:
Special exception uses as set forth and regulated in subsections B
(1) through (7) of the Agricultural-Conservation District S100-31.
2. Professional offices and business offices.
3. Funeral homes.
4. Restaurants, except drive-in or fast food.
5. Libraries, museums or art galleries.
Accessory uses, limited to the following:
1. Accessory uses as set forth and regulated in subsections
C (1)
through (7) of the Agricultural-Conservation District ~100-31 and
subject to the conditions stated in ~100-33 thereof.
The following signs, subject to the supplementary sign regulations
set forth in Article XX:
VII-1
ao
One indirectly illuminated nameplate or professional sign not
more than two square feet in area.
bo
One real estate sign, either single- or double-faced, not
larger than 12 square feet in size on any one or more lots,
advertising the sale or lease of only the premises on which it
is maintained, and set back not less than 15 feet from any lot
line; where acreage or a subdivision has a continuous frontage
of 500 feet or more, said sign may not exceed 24 square feet in
size.
One bulletin board or other announcement or identification sign
for uses permitted in subsections B (3), (4), (5) and (6) of
S100-31, not more than 18 square feet in area, located not less
than 15 feet from any street or lot line.
§100-72. 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 Residence-Office (RO) District unless
the same conforms with the Bulk Schedule and Parking and Loading
Schedules incorporated into this chapter, with the same force and effect
as if such regulations were set forth herein in full.
VII-2
ARTICLE VIII
Limited Business (LB) District
Note: This is a new district.
~100-80. Purpose.
The purpose of the Limited Business District (LB) is to provide an opportunity
to accommodate limited business activity along highway corridors, but in areas
outside the hamlet central business areas that is consistent with the rural
and historic character of surrounding areas and uses. Emphasis will be placed
on review of design features so that existing and future uses will not detract
from surrounding uses. The additional uses must generate low amounts of
traffic and be designed to protect the residential and rural character of the
area.
~100-81. Use regulations.
In the LB District, no building shall be used and no building or part of a
building shall be erected or altered which is arranged, intended or designed
to be used, in whole or in part, for any uses except the following:
A. Permitted uses.
Any permitted use as set forth and regulated in subsection A of the
Agricultural-Conservation District ~100-31.
Uses permitted by special exception by the Planning Board. The following
uses are permitted as a special exception by the Planning Board, as
hereinafter provided, subject to site plan approval by the Planning
Board.
Any special exception use as set forth and regulated in subsection B
of the Agricultural-Conservation District ~100-31.
Retail businesses complementary to the rural and historic character
of the surrounding area limited to the following:
a. Antique, art and craft shops and galleries
b. Custom workshops.
Wholesale or retail sale and accessory storage and display of
garden materials, supplies, and plants, including nursery
operations, provided that the outdoor storage or display of
plants and material does not obstruct pedestrian flow or
vehicular traffic and does not occur within three feet of
property line.
d. Libraries or museums.
VIII-1
Bed and breakfast enterprises or boarding and/or tourist home as set
forth and regulated in subsection B (3) of Resort Residential A
§100-51.
4. Professional and business offices.
5. Funeral homes.
6. Restaurants, except drive in restaurants.
Accessory uses, limited to the following uses:
1. Any accessory uses as set forth and regulated in subsection C (1)
through (8) of the Agricultural-Conservation District §100-31 and
subject to the conditions set forth in §100-33 thereof.
Signs subject to the following requirements:
Freestanding or ground signs. Where the building is set back
25 feet or more from the street, one sign, single- or
double-faced, not more than 18 square feet the lower edge of
which shall be not less than four feet above the ground, unless
attached to a wall or fence, and the upper edge of which shall
not extend more than 15 feet above the ground shall be
permitted, which sign shall be set back not less than 15 feet
from all street and property lines and shall advertise only the
business conducted on the premises. AS used in this
subsection, the word "premises" shall mean all contiguous
property in common ownership.
Wall signs. One sign attached to or incorporated in each
building wall on a public street and advertising only the
business conducted in such building, provided that such sign
does not:
(1) Exceed one square foot in total area for each horizontal
foot of such wall.
(2) Exceed in width 100% of the horizontal measurement of such
wall.
(3) Exceed three feet in height.
(4) Project more than one foot.from such wall.
$100-82. Bulk, area and parking requirements.
Except as otherwise provided herein, no buildings or premises shall be used
and no building or part thereof shall be erected or altered in the LB District
unless the same conforms with the Bulk Schedule and Parking and Loading
Schedules incorporated into this chapter by reference, with the same force and
effect as if such regulations were set forth herein in full.
VIII-2
ARTICLE IX
Hamlet Business (HB) District
Note: This district is essentially a revision of the Light Business District.
S100-90. Purpose.
The purpose of the Hamlet Business (HB) District is to provide for business
development in the hamlet central business areas, including retail, o~fice and
service uses, ~ublic and semi-~ublic uses, as well as hotel and motel and
multi-family residential development that will support and enhance the retail
development and ~rovide a focus for the hamlet area.
100-91. Use regulations.
In a HB District, no building or premises shall be used, and no building or
part of a building shall be erected or altered which is arranged, intended or
designed to be used, in whole or in part, for any uses except the following:
A. Permitted uses.
1. Any permitted use set forth and regulated in subsection A (1) and
(3) of the Agricultural Residential District S100-31.
2. Any permitted uses as set forth and as regulated in subsections A
(2) and (3) of the Hamlet Density Residential District §100-42.
3. Boarding houses and tourist homes.
4. Business, professional and governmental offices.
5. Banks and financial institutions.
6. Retail stores.
7. Restaurants, excluding drive-in restaurants.
8. Bakeshops (for on-premises retail sale).
9. Personal service stores and shops, including barber sho~, beauty
~arlor, ~rofessional studios, and travel a~ency.
10. Art, antic~ue and auction galleries.
11. Artists' and craftsmen's workshops.
12. Auditorium Or meeting hall.
IX-1
13.
Re~air sho~s for household, business or ~ersonal a~liances,
includin~ cabinet sho~s, carpenter sho~s, electrical shops, ~lumbing
shops, furniture repair sho~s and bicycle and motorcycle sho~s.
14. Custom workshops.
15. Bus or train stations.
16. Theaters or cinemas (other than outdoor).
17. Libraries or museums.
18. Laundromat.
Uses permitted by special exception by the Planning Board. The following
uses are permitted as a special exception by the Planning Board, as
hereinafter provided, subject to site plan approval by the Planning
Board.
Any special exception use set forth in and as regulated in
subsection B (2) to (7) of the A~riculture Conservation District
S100-31.
2. Multiple dwellings and townhouses.
Motel and hotel uses as set forth and regulated in subsection B (6)
of the Resort Residential B District §100-61, except that minimum
lot size shall be one acre.
4. Apartments may be ~ermitted over retail stores provided that:
The ex~licit written a~proval of the Town Fire Prevention
Inspector shall be obtained for the design, location, access
and other safety-related elements of ever~ such apartment. No
a~artment shall be ~ermitted over fillin9 stations, stores
retailin~ flammable or fume-producin~ ~oods, restaurants or
other businesses with kitchens or other facilities producing
intense heat, or any other establishment or type of
establishment which the Fire Prevention Inspector determines to
~ose a 9reater-than-averase built-in fire risk.
The habitable floor area of each a~artment shall be at least
450 square feet, but in no case more than 750 square' feet. The
apartment shall not be located on the first floor of the
Co
buildin~ and the apartment shall contain all services for safe
and convenient habitation, meetin~ the New York State Uniform
Fire Prevention and Buildin~ Code and the Sanitar~ Code.
There shall be no more than three apartments created or
maintained in any single building.
IX-2
de
Each apartment, or comm~on hallway servicing two or three
apartments shall have a separate access to the outside of the
building, which must be distinct from the access to uses on the
first floor.
Each apartment shall have at least one on-site off-street
~arkin~ space meetin~ the standards of this cha~ter,
conveniently located for access to the a~artment.
Only the owner of the building in which it is ~ro~osed to
locate the a~artment(s) may apply for this special permit. The
Plannin~ Board shall require that such applicant execute such
a~reements, contracts, easements, covenants, deed restrictions
or other legal instruments runnin~ in favor of the Town as,
u~on recommendation of the Town Attorney, the Board shall
determine to be necessar~ to insure that:
(1)
The a~artment, or any ~ro~rietar~ or other interest
therein, will not be sold to the tenant or any other
party, except as part of a sale of the entire buildin~ in
which the apartment is located.
(2) The a~artment is made available for year-round rental.
(3) The apartment is properly constructed, maintained and
used, and una~proved uses are excluded therefrom.
(4)
Any other condition deemed reasonable and necessar~ to
insure the immediate and lon~-term success of the
apartment in hel~in~ to meet identified housin~ needs in
the co~m~unit~ is complied with.
Bed and breakfast enterprises or boarding and/or tourist home as set
forth and regulated in subsection B (3) of the Resort Residential A
District ~100-51.
6. Fraternal or social institutional offices or meetin~ hall.
7. Drinkin~ establishments.
8. Public garage.
C. Accessory Uses.
Accessory uses as set forth in and regulated in subsections C (1)
through (7) of the Agricultural-Conservation District ~100-31 and
subject to the conditions set forth in ~100-133 thereof.
Signs as set forth in subsection C (2) of the Limited Business
District ~100-81.
Directional or informational signs, not exceedin~ two square feet,
which the Plannin9 Board finds to be necessar~ to facilitate
circulation throughout the district.
IX-3
§100-92. 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 HB District unless the same conforms with the Bulk
Schedule and Parking and Loading Schedules incorporated into this chapter by
reference, with the same force and effect as if such regulations were set
forth herein in full.
S100-93. Uses confined to enclosed buildings.
Ail uses permitted in a HB District, including the display and sale of
merchandise and the storage of all property, except living plants, shrubs or
trees, shall be confined to fully enclosed buildings on the premises.
IX-4
ARTICLE X
General Business (B-i) District
SI00-100. Purpose.
The purpose of the General Business/Highway Business (B-I) District is to
provide for retail and wholesale commercial development and limited office and
industrial development outside of the hamlet central business areas, ~enerall~
alon~ ma~or highways, it is designed to accom~odate uses that benefit from
large numbers of motorists, that need fairly large parcels of land, and that
ma~ involve characteristics such as heav~ truckln~ and noise.
Si00-101. 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 following:
A. Permitted uses.
Any permitted use set forth and regulated in subsections A(2) and
(3) of the Agriculture Conservation District §100-31A.
Any permitted use set forth and regulated in subsections A(3) to
(18) of the Hamlet Business District $100-91.
Wholesale businesses, warehouses, and buildin~ material storage and
sale, but excludin~ storage of coal, coke, fuel oil, or ~unk.
4. Building, electrical and ~lumbin~ contractors' businesses or yards.
Cold storage plants, bakin9 and other food processln9 and ~ackagin9
plants that are not offensive, obnoxious, or detrimental to
nei~hborin9 uses by reason of dust, smoke, vibration, noise, odor,
or effluent.
Wholesale or retail sale and accessor~ storage and display of ~arden
materials, supplies, and ~lants, includin~ nursery operations,
provided that the outdoor storage or display of plants and material
does not obstruct ~edestrian flow or vehicular traffic and does not
occl/r within three feet of pro~ert~ line.
7. Wholesale/retail beverage distribution.
8. Funeral homes.
9. Train or bus stations.
10. Telephone exchanges.
X-1
Uses permitted by special exception by the Planning Board. The following
uses are permitted as a special exception by the Plannin~ Board, as
hereinafter provided, subject to site plan approval by the Planning
Board.
Any special exception use as set forth and regulated in subsections
B (3) to (14) of the Agricultural-Conservation District S100-31.
Hotel or motel uses as set forth and regulated in subsection B (6)
of the Resort Residential B District §100-61, except that minimum
lot size shall be one acre.
3m
Bed and breakfast enterprises or boarding and/or tourist homes as
set forth and regulated in subsection B (3) of the Resort
Residential A District S100-51.
Tourist camps as regulated by Chapter 88 of the Town Code. (Special
Exception from the Town Board instead of the Planning Board.)
Sm
Research design or develo~ment laboratories, ~rovided that any
manufacturing shall be limited to ~rotot~es and ~roducts for
testing.
Fully enclosed comercial recreation facilities including, but not
limited to, tennis clubs, skating rinks, ~addle tennis, handball and
sc~uash facilities, dance halls, billiard ~arlors, bowling alleys,
health s~as and clubs and uses normally accessor~ and incidental to
commercial recreation, such as locker rooms, eating and drinkin~
facilities, and retail sale of goods associated with the ~articular
activity.
7. Laundry or dr~ cleaning ~lant subject to the followin~ conditions:
Ail ~rocesses and storage shall be carried on within an
enclosed building.
bo
Ail fluids used in ~rocessing shall be recycled, and the
overall facility shall be designed, located and o~erated to
~rotect surface waters and the groundwater reservoir from
~ollution.
8. Fraternal or social institutional office or meetin~ hall
(non-~rofit).
Fast food restaurants, ~rovided that eating on the premises of the
fast food restaurant shall be ~ezmitted only inside the structure or
in areas s~eci~ically designated and ~ro~erly maintained outside of
the structure and where minimum lot size for a free-standin~
structure is 40,000 sc~uare feet.
10. Drinking establishment.
X-2
11.
12.
Automobile laundry.
Public garages, gasoline service stations, new and used motor
vehicle lots, vehicle sales and rental, including the sale of
recreation vehicles and trailers and boat sales, with accessory
repair facilities all subject to the following requirements:
Entrance and exit driveways shall have an unrestricted width of
not less than 12 feet and not more than 30 feet and shall be
located not less than 10 feet from any property line, and shall
be so laid out as to avoid the necessity of any vehicle backing
out across any public right-of-way.
Sale of used vehicles or boats shall be conducted only as
accessory to the sale of new vehicles or boats.
Vehicle lifts or pits, dismantled automobiles, boats and
vehicles and all parts or supplies shall be located within a
building.
Ail service or repair of motor vehicles, other than such minor
servicing as change of tires or sale of gasoline or oil, shall
be conducted in a building.
The storage of gasoline or flammable oils in bulk shall be
located fully underground and not less than 35 feet from any
property line other than the street line.
No gasoline or fuel pumps or tanks shall be located less than
15 feet from any street or property line.
O~tdoor area lighting shall be that generally required for
security purposes and shall be restricted to the front
one-third (1/3) of the lot depth. All outdoor lighting shall
be located at a height of not more than 14 feet above ground
level and so directed that illumination should not extend
beyond lot lines.
No gasoline service or repair shops or similar businesses are
to be located within 300 feet of a church, public school,
library, hospital, orphanage or a rest home.
13.
Partial self-service gasoline service stations, subject to all of
the provisions of subsection B (12) of §100-101 herein, and the
following additional requirements:
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
X-3
by the customer at the self-service pump island and the
dispensing equipment on the other pump islands.
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.
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.
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.
The self-service pump island shall be protected by an
automatice fire protection system in the form of an approved
system of dry power release which will act as an automatic fire
extinguisher.
No customer shall be permitted to dispense gasoline unless he
shall possess a valid motor vehicle operator's license.
There shall be no latch-open device on any self-service
dispensing nozzlel
14. Private transportation service includin~ ~ara~e and maintenance
facilities.
C. Accessory uses.
1. Accessor~ uses set forth and regulated in subsections C (1) through
(8) of the A~ricultural-Conservation District sub~ect to the
conditions set forth in S100-33 thereof.
Wall signs as set forth and regulated in subsection C (2) (h) of the
Limited Business District S100-81.
Free-standin~ or ~round signs. Where the buildin~ is setback 25
feet or more from the street, one si~n, sin~le- or double-faced not
more ~h~n 24 square feet, the lower edge of which shall be not less
eh~n four feet above the ~round unless attached to a wall or fence
and the upper edge of which shall not extend more than 15 feet above
the ~round shall be ~ermitted, which sign shall be set back not less
X-4
than 15 feet from all street and ~roperty lines and shall advertise
only the business conducted on the premises. As used in this
subsection, the word "premises" shall mean all contiguous property
in ¢omon ownership.
4o
O~en storage of materials or ec~uipment provided that such storage
shall be (1) at least 25 feet from any lot line (2) not be more than
six feet high and (3) be suitably screened by a solid fence or other
suitable means of at least six feet in height.
~100-102. Bulk, area and parking requirements.
No building or premises shall be used and no building or part thereof shall be
erected or altered in the B-1 District unless the same conforms with the Bulk
Schedule and Parking and Loading Schedules incorporated into this chapter by
reference, with the same force and effect as if such regulations were set
forth herein in full.
X-5
ARTICLE XI
Marine Recreation (M-Rec) District
Note: This is a new district
~100-110. Purpose.
To permit and encourage water-related recreational uses on waterfront
properties that are located on inland waterways or creeks.
~100-111. Use regulations.
In an M-Rec 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.
Marinas for the docking, mooring and accommodation of recreational
or non-commercial boats, including the sale of fuel and oil
primarily for the use of boats accommodated in such a marina and
boat sales and service as an accessory use to the marina.
Beach club, swim club, yacht club or boat club including accessory
uses such as swimming pools, tennis courts and racquetball
facilities.
Buildings, structures or uses owned or operated by the Town of
Southold, School Districts, Park Districts and Fire Districts.
Uses permitted by special exception by the Planning Board. The following
uses are permitted as a special exception by the Planning Board, as
hereinafter provided, and subject to site plan approval by the Planning
Board:
Retail sale or rental of fishing, diving, bathing supplies and
equipment, if accessory to marina.
2. Ship's loft or chandlery, if accessory to marina.
Restaurants excluding outdoor counter service, drive-ins or curb
service establishments. Such prohibition shall not prevent service
at tables on a covered or uncovered terrace or porch incidental to a
restaurant.
4. Transient or resort hotels or motels subject to the following
conditions:
a. Minimum parcel size is three acres.
XI-1
be
Hotel or motel use is permitted as a secondary or accessory use
to a water related use.
Ce
The number of guest rooms permitted in the hotel or motel use
is determined (1) by the proportion of the site utilized and
(2) by the availability of utilities. The maximum number of
guest units shall be: one unit per 6,000 square feet of land
without central water or sewer and one unit per 4,000 square
feet of land with central water and sewer.
do
One half of the proposed marina or docking spaces or a number
equal to one-half of the existing docking spaces (whichever is
greater) must remain available for public use.
Bed and breakfast enterprises or boarding and/or tourist homes as
set forth and as regulated in subsection B (3) of the Resort
Residential A District §100-51.
C. Accessory uses, limited to the following:
Accessory uses as set forth and regulated in subsections C (1)
through (7) of the Agricultural-Conservation District §100-31 and
subject to the conditions stated in $100-33 thereof.
2e
Signs as set forth and regulated in subsection C (2) of the Limited
Business District $100-81.
3. Sanitary facilities and laundry facilities.
~100-112. Bulk, area and parking requirements.
No building shall be used and no building or part there of shall be erected or
altered in the M-Rec Marine Recreation District unless the same conforms with
the Bulk Schedule and Parking and Loading Schedules incorporated into this
chapter, by reference, with the same force and effect as if such regulations
were set forth herein in full.
XI-2
ARTICLE XII
Marine Business (MB) District
Note: This is a new district.
§100-120. Purpose.
To provide a waterfront location for a range of water dependent and water
related uses which are those uses which require or benefit from direct access
to, or location in marine or tidal waters.
100-121. Use regulations.
In an MB District, no building or premises shall be used and no building or
part of a building shall be erected or altered which is arranged, intended or
designed to be used, in whole or in part, for any uses except the following:
A. Permitted uses.
1. One-family detached dwelling.
Marinas for the docking, mooring and accommodation of recreational
or non-commercial boats, including the sale of fuel and oil
primarily for the use of boats accommodated in such marina.
Boat docks, slips, piers or wharves for charter boats carrying
passengers on excursions, pleasure or fishing trips or for vessels
engaged in fishery or shellfishery.
Beach club, yacht club or boat club including uses accessory to them
such as swimming pools, tennis courts, racquetball facilities.
Se
Boat yard for building, storing, repairing, renting, selling or
servicing boats which may include the following as an accessory use:
office for the sale of marine equipment or products, dockside
facilities for dispensing of fuel, restroom and laundry facilities
to serve overnight patrons.
6. Mariculture or aquaculture operations or research and development.
7o
Boat and marine engine repair and sales and display, yacht broker,
marine insurance broker.
Buildings, structures and uses owned or operated by the Town of
Southold, School Districts, Park Districts and Fire Districts.
Uses permitted by special exception by the Planning Board. The following
uses are permitted as a special exception by the Planning Board, as
hereinafter provided, subject to site plan approval by the Planning
Board.
XII-1
Se
Retail sale or rental of fishing, diving, boating, bathing supplies
and equipment unless accessory to marina or boat yard or ships loft
or chandlery.
Restaurants excluding outdoor counter service, drive-ins or curb
service establishments. Such prohibition shall not prevent service
at tables on a covered or uncovered terrace or porch incidental to a
restaurant.
Ferry terminal.
Residential uses subject to the following conditions:
me
ce
Minimumparcel size is five acres.
Residential uses including two-family, multiple or attached
dwellings or townhouses are permitted as a secondary or
accessory use to a water-related use.
The number of residential units is determined by (a) the
proportion of the site utilized and (b) the availability of
utilities in accordance with the requirements of the Hamlet
Density District as set forth and regulated in subsection A (1)
of ~100-42. If no water or sewer is provided, a maximum of two
units per acre is permitted; if public or community water and
sewer service are available, a maximum of four units per acre
is permitted.
de
One half of the proposed marina or docking spaces or a number
equal to one half of the existing docking spaces (whichever is
greater) must be or remain available for public use, rental or
purchase.
Transient or resort hotels or motels as set forth and regulated in
subsection B(4) of the Marine Recreation District ~100-111.
6e
Bed and breakfast enterprises or boarding and/or tourist homes as
set forth and regulated in the Resort Residential A District
~100-51.
7. Fish processing plant.
8. Fish market which may include a combination of wholesale and retail
sale of finfish and/or shellfish.
9. Museum with nautical theme or art gallery.
Accessory uses, limited to the following:
Accessory uses as set forth in and regulated by subsections C (1)
through (7) of the Agricultural-Conservation District ~100-31 and
subject to the conditions of §100-33 thereof.
XII-2
3.
§100-122.
Signs, as set forth and regulated in subsection C (2) of Limited
Business District §100-81:
Sanitary facilities and laundry facilities.
Bulk, area and parking requirements.
No building shall be used and no building or part thereof shall be erected or
altered in the MB District unless the same conforms with the Bulk Schedule and
Parking and Loading Schedules incorporated into this chapter, by reference,
with the same force and effect as if such regulations were set forth herein in
full.
XII-3
ARTICLE XIII
Light Industrial Park/Planned Office Park (LI0) District
Note: This district combines portions of the current Light Industrial and
General Industrial Districts; however, many heavy industrial uses have been
eliminated in order to protect ground and surface waters.
$100-130. Purpose
The ~ur~ose of the Light Industrial Park/Planned Office Park (LI0) District is
to ~rovide o~o~tunity for the location of business and ~rofessional offices,
research facilities, industrial uses and similar activities in an o~en,
campus-like settin~ in areas which are not a~ro~riate for com~nercial activity
or low density residential development. In this area such uses can be
established in an attractive environment and serve both as a means of
preservin~ the o~en c~ualities of an area and ~rovidin~ an area, adjacent to
hamlet areas where such uses can be a~ropriately developed with suitable
~rotection for ~round and surface waters. All uses must conform to Suffolk
County Health Department standards.
SI00-131. Use regulations.
In a LI0 District, no building or premises shall be used, and no building or
part of a building shall be erected or altered which is arranged, intended or
designed to be used, in whole or in part, for any purpose except the
following:
A. Permitted uses.
Any permitted uses set forth in, and as regulated by subsections A
(2) and (3) of the Agricultural-Conservation District el00-31.
Any permitted uses set forth in and as regulated by subsection A (3)
to (5) of the General Business District ~100-101.
Office buildings for businesses, ~overnmental, and professional
uses, includln~ administrative training, data ~rocessin$,
~ublication, financial and sales offices.
4. Telephone exchanges.
Buildings, str~ctures and uses owned or operated by the Town of
Southold, School Districts, Park Districts and Fire Districts.
Uses permitted by special exception of the Planning Board. The following
uses are permitted as a special exception by the Planning Board as
hereinafter provided, subject to site plan approval by the Planning
Board.
XIII-1
9.
10.
11.
Any special exception use set
subsection B (5), (7) and (10)
~100-101.
forth in and as regulated by
of the General Business District
Light industrial uses involving the fabrication, reshaping, rework-
ins, assembly or combining of products from previously prepared
materials and which do not involve the synthesis of chemical or
chemical products other than for pharmaceutical or research purposes
or the processing of any raw materials except agricultural raw
materials. Such uses may include industrial operations such as
electronic, machine parts and small component assembly, as opposed
to heav~ industrial operations such as automobile assembly or
milling activities and will be sab~ect to the following conditions:
(a)
No such process or operation shall involve the handling,
storage or discharge of explosives or permit upon the premises
any virus or other type of infectious organisms identified with
diseases of animals or humans.
(b) No offensive noises, gases, fumes, smoke, odors, dust, effluent
or vibrations shall emanate from such use and no waste products
shall be discharged therefrom of a character to create a
nuisance or to be in~urious to health or to negatively impact
gro=ndwater.
(c) Such processes shall involve the use of only oil, gas or
electricity for fuel.
Conference facilities subject to the following condition:
(a)
Where rooms are provided for conference attendees, they should
be permittted at the same number per acre as hotel/motel ~uest
units set forth and regulated in subsection B (6) of the Resort
Residential B ~100-61.
Public utility structures and uses.
Printing or publishing plants.
Truck or bus terminals (garages, parking facilities, loading docks,
etc.)
Food processing and packaging plants (not including fish processing
plants).
Wholesale and retail sales and repair of boats and marine items.
Boat building; boat servicing; boat storage facilities.
Restaurants.
Sauerkraut manufacturing plant.
XIII-2
12. Basic Utility Stage II airport, subject to the following condition:
(a) Minimum parcel size shall be 100 acres.
Accessor~ uses:
1. Accessory uses on the same lot with an customarily incidental to any
permitted use and not involving a separate business.
2. Wall signs as set forth and re~[ulated in the subsection C (2) (b)
?Hm~ted Business District S100-81 to a maximum size of 30 s~uare
4.
5.
6.
feet.
Freestanding or ground signs as set forth and regulated
subsection C (3) General Business District S 100-101.
Fully enclosed storage facilities incidential to the principal use.
O~en storage as set forth and regulated in subsection C (4) of the
General Business District ~100-101.
Indoor and outdoor recreation facilities for the exclusive use of
-~-eutives and employees of the principal use, and their families.
9e
In-service trainin~ schools for employees of the principal use.
Private garages for the storage and service of motor vehicles owned
by the owner of the ~rinci~al use or the executives or employees
thereof, or visitors thereto, includin~ the sale of them, but not to
the ~ublic generally of ~asoline, oil and minor accessories.
Central heatin~ and ~ower ~lants accessor~ to the ~rinci~al us~ and
the service of all structures on the ~remises.
10. Maintenance and utility sho~s incidental to the ~rinci~al use.
11.
Off-street ~arking and loadin$. Said areas shall not be nearer than
50 feet to any lot line or street, and if generally adjacent to any
street or any residence district, shall be suitably screened by a
landscaped stri~ of at least 10 feet in width.
§100-132. 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-LI0 Light Industrial Park/Planned Office Park
District unless the same conforms with the Bulk Schedule and Parking and
Loading Schedules incorporated into this chapter by reference, with the same
force and effect as if such regulations were set forth herein in full.
XIII-3
ARTICLE XIV
Light Industrial (LI) District
§100-140. Purpose.
The purpose of the Light Office (LI) District is to provide an opportunity for
business and industrial uses on smaller lots than would be appropriate for the
LIO Light Industrial Park/Planned Office Park District.
§100-141. Use regulations.
In a LI District, no building or premises shall be used, and no building or
part of a building shall be erected or altered which is arranged, intended or
designed to be used, in whole or in part, for any purpose except the
following:
A. Permitted uses.
Any permitted uses set forth in, and as regulated by subsection A
(2) and (3) of the Agricultural-Conservation District ~100-31.
Any permitted uses set forth in, and as regulated by subsections A
(2) to (5) of the Light Industrial Park/Planned Office Park District
131.
Uses permitted by special exception of the Planning Board. The following.
uses are permitted as a special exception by the Planning Board as
hereinafter provided and subject to site plan approval by the Planning
Board.
Any special exception use set forth and as regulated in the Light
Industrial Park/Planned Office Park District ~100-131 except Basic
utility Stage II Airport.
C. Accessory uses.
Accessory uses on the same lot with an customarily incidental to any
permitted use and not involving a separate business.
Wall signs as set forth and as regulated in subsection C (2) (b) of
the Limited Business District ~100-81 to a maximum of 30 square
feet.
Freestanding or ground signs as set forth and as regulated in
subsection C (3) of the General Business District SI00-101.
Accessory uses as set forth and as regulated in subsections C (3)
and (V) through (10) of the Light Industrial Park/Planned Office
Park District ~100-131.
XIV-1
§100-142. 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 LI Light Industrial District unless the same
conforms with the Bulk Schedule and Parking and Loading Schedules incorporated
into this chapter, by reference, with the same force and effect as if such
requlations were set forth herein in full.
XIV-2
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audseWer ne na ua n~ na na 20~000vii ua 20,000vii
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~x~an au~rala refer to applicable colmm in iesi~tial Bulk Schedule.
*~For ~ltlple dvelling~ hotel, ~otel and/or conferenc~ uses {where penaittod) this table refers to ainiau~ lot area per unit. Refer to the Residential Bulk Schedule for total
Lot coverage (~erc~nt) 20 ~) 20 10 5 5 25 :20 25 20 25 10
Building ~el~t (fe~t) 35 35 35 35 35 35 35 35 35 35 35 35
~mber of stories 2~ 2~ 2~ 211 2~ 2~ 2~ 2~ 2~ ;l~ 2~ :~
BULK SCIt~ULE
BUSINESS~ OFFICE AI~ II~USTRIAL DISTRICTS
LB HB B-1 H-Rec ~ LIO LI
District: Limited Hamlet General Marine Marine Light Industrial Light
Business Business Business Recreation Business Office Park Industrial
MINIMDM REQUIREM~S FOR
BUSINESS, OFFICE, INDUSTRIAL
OR OTHER NON-RESIDeNTIAL USE*
Lot size (square feet) 80,000 20,000 30,000 40,000 SO,000 120,000 40,000
Lot width (feet) 175 60 150 150 150 200 100
Lot depth (feet) 250 100 150 150 150 300 150
Front yard (feet) 60 15 50 35 35 75 50
Side yard (feet) 20 10 25 20 25 30 20
Both side yards (feet) 45 25 50 45 50 60 40
Rear yard (feet) 75 25 35 25 25 75 70
MAXIMUM PERMITTED DIM~SI(~S
Lot coverage (~ercent)
Building height (feet)
Number of stories
20 40 30 30 30 20 30
35 35 35 35 35 35 35
2% 2 2 2 2 2 2
WFor minimum requirements for residential uses, refer first to Density and Minimum Lot Size Schedule for Non-Residential Districts and then
to appropriate indicate~ colu~a~ in the Bulk Schedule, Residential Uses.
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 20% of said area and dividing the
remaining 80% of the area by 80,000 square feet for the Agricultural
Conservation District or the appropriate minimum lot size for other
districts.
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 or contain designated wetlands,
~onds, streams or slopes over 20% in such a manner as to
prevent their use and development shall not be considered part
of the total gross area.
b. In a cluster development, lot area, width, depth, front yard,
rear yard and side yards may be reduced to less than the
minimum requirements set forth in the Bulk Schedule, ~rovided
that such modification or changes shall not result in a greater
average density or coverage of dwelling units than is ~ermitte~
in the zonin~ district wherein the land lies.
The area of a cluster development shall be in single ownership or under
unified control.
Prior to the issuance of a building permit in a cluster development, a
site plan shall be submitted to and approved by the Planning Board in
accordance with Article XXV of this chapter and the following conditions:
Said site plan shall include areas within which structures may be
located, the height and spacing of buildings, the location of open
spaces and their landscaping, off-street open and enclosed (if any)
parking spaces, and streets, trails, site easements and recreation
facilities, driveways and any other physical features relevant to
the proposed plan and determined to be necessar~ by the Planning
Board.
Said site plan shall include a statement setting forth the nature of
all proposed modifications of existing zoning provisions.
Nothing contained in this chapter shall relieve the owner or his agent or
the developer of a proposed cluster development from receiving final plat
approval in accordance with the Town subdivision regulations. In ap-
proving the final plat for a cluster development, the Planning Board may
modify the acreage requirement for recreation areas as set forth in the
Town's rules governing subdivision review, provided that the con, on land
dedicated meets all other requirements of the Town subdivision
regulations.
G. Common Areas.
1. The Planning Board shall establish such conditions on the ownership,
use, and maintenance of common areas, including open space, as it
XVIII-2
ARTICLE XVIII
Cluster Development
Si00-180. Purpose.
The purpose of this provision is to encourage flexibility and innovation in
the design of residential development that cannot be achieved on many sites
through adherence to traditional zoning and subdivision regulations. Further,
the application of the cluster development technique is intended to achieve:
A. Maximum reasonable conservation of land, creation of usable open space
and recreation areas and preservation of scenic qualities of open space.
Preservation of agricultural activity by encouraging retention of large
continuous areas of a~ricultural use.
Variety in t¥~e and cost of residential development, thus increasing the
choice of housin~ types available to Town residents.
Preservation of trees and outstanding natural features, prevention of
soil erosion and protection of ground water supply and groundwater
recharge areas.
E. A shorter network of streets and utilities and more efficient use of
ener~ than would be ~ossible through strict application of standaru
zoning.
S100-181. Applicability.
On lots of 20 or more acres in the Agricultural Conservation and the Low
Density Residential R-120, R-200 and R-400 Districts, clusterin~ will be
required, subject to the following conditions:
1. The residential use must be single family detached homes.
The density of these homes will be as specified in the particular
district and determined as indicated in subsection C below.
The m~nimum lot size shall be 30,000 sc~uare feet, except if
satisfactor~ water and sewer systems are in place, the minimum lot
size shall be at the discretion of the Plannin~ Board.
In the Low Density Residential R-80 and Residential Resort A Districts,
clusterin~ is permitted and may be mandated for one-family detached
dwe]lln~s by the Plannin~ Board in the exercise of its discretion,
without the rec~uir-m-nt that the owner make written application for the
use of such procedure.
C. Determination of density and zoning modifications.
XVIII-1
deems necessar~ to assure the preservation of such areas for their
intended purpose. Common areas and/or open space may either be
dedicated to the Town for use as a public facility, retained by a
condominium corporation, or it may be deeded to a homeowners or
homes association comprised of the residents of the subdivision and
reserved for their use or other mechanism acceptable to the Town
Board and Town Attorney. Said common areas may be used for
a~ricultural use, for passive recreational uses, for visual amenit~
and/or nature study, or for necessary accessory uses such as
parking.
A cluster development shall be organized as one of the following: a
condominium corporation; a Homes or a Homeowners Association
approved by the Federal Housing Administration for mortgage
insurance as a Planned Unit Development, and the Town Board; a Homes
Association approved by the Town Attorney and Town 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
approve 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 approval, the Town Board shall, in part,
require the cluster development to meet the following conditions:
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
according to the deed to each unit, 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 including the maintenance of the com~non land and
facilities.
Each property shall be subject to a lien in the event of
non-payment by the owner thereof of his proportionate share of
the expenses for the association's
Title to all common property shall be placed in the Homes
Association, or definite and acceptable assurance shall be
given that it automatically will be so placed within a reason-
able period of time.
Each lot owner shall have equal voting rights in the Asso-
ciation and shall have the right to the use and enjoyment of
the common property.
Once established, all responsibility for operation and mainte-
nance of the common land and facilities shall lie with the
Homes Association.
XVIII-3
Dedication of all come, on 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:
(1) Save the title to the co~on property to the Homes Asso-
ciation free of any cloud of implied public dedication.
(2) Commit the developer to convey the areas to the Homes
Association at an approved time.
(3) Grant easement of enjoyment over the area to the lot
owners.
(4) Give to the Homes Association the right to borrow for
improvements upon the security of the co~on areas.
(5)
Give to it the 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 come,on lands except as shown on the approved site plan. Such deed
restriction or cov-nant shall specifically prohibit any development for
other ~h~n open space or a~ricultural use on the specified open land
and/or conservation area.
Each deed to each lot sold shall include by reference all recorded
declarations and other restrictions including assessments and the pro-
vision for liens for nonpayment of such.
The Homes Association shall be perpetual; it shall purchase insurance,
pay taxes, specify in its charter and bylaws an annual homeowner's fee,
give provision for 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 co~a%ence action against any member for the collection
of any unpaid assessment in any court of competent jurisdiction.
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 estab-
lished.
Prior to site plan approval the developer shall file a performance bond
with the Town Board to ensure the proper installation of all required
improvements, including recreation improvements, and a maintenance bond
to ensure the proper maintenance of all co~unon 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
XVIII-4
execution and surety shall be approved by the Town Board and Town
Attorney.
The charter or certificate of incorporation of such organization shall
contain the following provisions and notice of said provisions shall be
specifically given in any brochure or prospectus issued by the developer,
namely:
That such organization shall not be dissolved and shall not dispose
of any co,anon o~en space or other common elements, by sale or
otherwise, except to an organization conceived and established to
own and maintain such co~on open space and other common elements
hereinabove referred to.
That, in the event the organization established to own and maintain
common open space or other common elements, or an~ successor organi-
zation, shall at any time after title to such common land and other
common elements is conveyed to it, fail to maintain the common open
space and other co~zm~n elements in reasonable order and condition in
accordance with the plan proposed, the Town may serve written notice
u~on such organization or u~on the residents of the Develo~m~ent,
setting forth the manner in which the organization has failed to
maintain the common open space and other common elements in reason-
able order and condition in accordance with the plan proposed, and
said notice shall include a demand that such deficiencies of
maintenance be cured within 30 days thereof, and shall state the
date and ~lace of a hearin~ thereon to be held within 45 days of the
notice. At such hearing, the Town may modify the terms of the
original notice as to the deficiencies and ma~ ~ive an extension of
time within which they shall be cured. If the deficiencies set
forth in the original notice or in the modifications thereof are not
cured within said 30 da~s or an~ extension thereof, the Town, in
order to preserve the taxable values of the properties within the
Cluster Development, and to prevent the common open space and other
c~n el~ents from becomin~ a public nuisance, may enter upon said
co~non open s~ace and other common elements and maintain the same
for a ~eriod of one year. Said entr~ and maintenance shall not vest
in the ~ublic any rights to use the common open space or other
common elements except when the same is offered for dedication to
the ~ublic by the owners and is accepted by the Town. Before the
expiration of said year, the Town shall, u~on its own initiative or
upon the re~est of the organization responsible for the maintenance
of the come,on open space and other come, on elements, call a public
hearing upon notice to such organization or to the residents of the
develo~ent, to be held by the Town, at which hearing such organi-
zation or the residents of the development shall show cause why such
maintenance by the Town shall not, at the election of the Town,
continue for a succeedin~ year. If the Town shall determine that
such organization is ready and able to maintain said common open
space and other comon elements in reasonable condition, the Town
shall cease to maintain said open space and other common elements at
the end of said year. If the Town shall determine such organization
XVIII-5
is not ready and able to maintain such common open space and other
common elements in a reasonable condition, the Town may, at its
discretion, continue to maintain said common open space and other
common elements during the next succeeding year and subject to a
similar hearing and determination in each year thereafter.
That the cost of such maintenance b~ the Town shall be assessed
ratably against the properties within the Cluster Development that
have a right of en~o~ment of the common open space. In the event of
the failure or refusal of the owners of such property to pay any
such char~es when due, the unpaid amount thereof shall become a lien
against such pro~ert~ and, together with interest thereon from the
due date thereof, shall be included in the annual tax lev~ of the
Town upon the property for each fiscal ~ear, and the amount so
levied shall be collected in the same manner as other Town taxes.
The Town Board, in order to insure that the open space will be used for
its intended ~ur~oses, shall have the continuin$ right to impose building
controls and restrictions over the use and maintenance of the land.
XVIII-6
ARTICLE XIX
Parking Regulations
S100-190. Purpose.
Regulations for off-street ~arking and truck loading areas are ~resented in
order to minimize traffic congestion, air ~ollution, the risk of motor vehicle
and ~edestrian accidents, and to address aesthetic considerations.
§100-191. Off-street parking areas.
Off-street parking spaces, open or enclosed, are permitted accessory to any
use, subject to the following provisions:
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 shall be considered a single lot for the purpose of
these parking regulations. Reasonable and appropriate off-street parking
requirements for structures and uses which do not fall within the
categories listed below shall be determined by the Planning Board upon
consideration of all factors entering into the parking needs of each use.
For those uses not s~ecified in the schedule, there shall be a ~eriodic
monitorin~ of off-street ~arkin~ conditions to insure that the purpose of
this article is satisfied. In addition, the Plannin~ Board may waive all
or a ~ortion of these rec~uirements within the Hamlet Business District
where it shall find that municipal ~arkin~ facilities within 300 feet of
the ~roposed use will adec~uatel~ serve the proposed use.
XIX-1
TYPE OF USE
Accessor~ a~artment in existing one-family
detached dwelling
Antique shopr auction gallery, arts and
crafts shop and workshop
A~artment over store
Auditorium, meeting hall
Automobile laund~
Bank
Beach club or sw~m club
Bed and breakfast enterprise
Boarding house, tourist house
Boat and marine engine repair and sales,
if se~arete from marina
Boatyardt including boat sales and rentals
Bowling alley
Bullding~ electrical or plumbing contractor's
business or yard
Cold storage plant
College
Conference facilities
Drinking establishment
REQUIP~D NUMBER OF PARKING SPACES
One ~er accessor~ apartment in addition to two
for one family dwelling.
One ~er 250 square feet
One ~er apartment in addition to business
requirements.
One per 50 square feet of seating area,
but not less than one per four seats where
provided.
One Der e~loyee plus a ten space queuing
line area for each laundr~ bay.
Tee spaces or one space for each 100 square
feat of gross floor area or three spaces ~er
tellerr whichever is greatest plus a five space
queuing area for each drive-in teller.
Two spaces ~er three members.
one space per guest room in addition to
residential requirements.
One space per guest room in addition to
residential requirements.
One s~ace ~er 250 s~uare feet of gross
floor area.
Sales and rental ~ortionr three spaces~ in
addition to marina requirements.
At least four spaces Der alley.
one space for each employee plus two s~aces.
Three spaces or one ~er 800 square feet of
gross floor area.
.5 s~ace ~er student plus .75 space per staff member.
One s~ace ~er four seats in the largest assembly hall
or meeting area plus one space for each four
seats in classroom facilities.
One space per three seats or one space per 100
square feet of floor spacer whichever is greater.
XlX-2
Fish maz~et, i=~,-~ ~c~ ~olesale ard :e~i 1 Ck/e s~oe ~er 200 sc~laL~e feet of c~Tc~s floor area.
s~ of fi~:(~ ard or ~llf(~h
able for ~ use, ~ichever /s greater wi~h a
m/ninun of 25 ~.
Ore sp~ce ~er employee plus three ~oaces or
(Dr~ ~ for ~ guest focal1 arz] (aqe for each
XIX-3
Membership club, count~7 club, golf club or
golf course ~ublic, tennis club
Motor vehicle~ nubile ho~e sales roon or
outdoor sales lot lnclud/ng rental of
e~uipment
Multiple dwelling (three or more families)
Nursez7 school
Nursing home, proprietary rest hone
Office: business governmental and
professional except physicial or
dentist
Office: for physician or dentist
0ne-family detached dwelling
Personal service shop: barbershopr beaut~
~arlor.
Philanthropic, eleemosynary or religious
institution
Place of worship
Printinq or Dublishing Dlant
Professional studiot travel a~enc~
~ecreation facilit~l full~ eeclosed,
co~rcial
ReDair garage
Repair shop for householdt businessl or
~ersonal appliances
Research design or develo~ent laborator~
~estaurant, drive-iht curb service or
At least one for each two members or accommodations
(such as lockers), whichever is greeter, plus one
for each employee.
One per each 600 s~uare feet of showroon and sales
lot area plus one per employee.
Studio
I bedroon
2 bedroon
1.5 ~er dwell/ngunit
1.5 per dwelling unit
2.0 per dwell£ng onit; .25 s~aces
are required for each bedroom
excess of the first two bedroon.
One s~ace for each staff nember ~lus one space for
each classroon.
One for each bed.
Three ~er lt000 s~uare feet of gross floor area.
Five spaces per physician or dentist.
Two spaces per dwelling.
2.5 spaces ~er service chair.
One space per bed.
See auditorium.
See light industrial.
See office.
One s~ace for each 300 s~uare feet of gross floor
area except: court s~orts--five spaces ~er court--
and rink sports-- one s~ace ~er 200 s~uare feet of
r/nk area.
Four s~aces ~er ba~ Dlus one space per enDloyee.
One space ~er 200 s~u~re feet of customer service
area.
See light industrial.
one space per two seats or one space Der 50 square
XIX-4
fast food
Restaurant (except drive-in)
Retail sale or rental of fishing, divisg or
bathing supplies or equipment; ship's
loft or chandler~
Retail shop or store (other than those listed
herein)
Roadsida fam stand
School, elementary
School, secondary
Shop for custo~ work and for makin~ articles
to be sold at retail on the premises
Storage yard
Theater or cinemar other than outdoor
Tourist camp
Two-family detached dwelling
Veterinarian and animal hospital
Warehouse or storage building
feet of floor spacer whichever is hi,her.
One space per three seats or one space ~er 100
s~uare feet of floor spacer whichever is hi~her.
If separate user see retail shop; if accessory
use one space for each employee plus two
spaces in addition to primar~ use.
At least one per 200 square feet of gross floor
~inimm of four spaces ~er stand.
TwO spaces per classroom plus suditoriam
requirement.
Two spaces per classreon plus one per ten
students or auditorium requirement, whichever is
greater.
See retail store.
One space per employee plus four spaces or
one space for each S~O00 s~uare feet of storage
arear whichever is ~remter.
See auditorium.
One space for each acco~nodation plus
one space for each e~loyee plus three
s~ces for visitors.
See multiple dwelllngunit.
Three spaces per dwelling.
Two spaces per amplo~em or one space par 200
feet of gross floor area~ whichever is ~reater.
One par lrO00 square feet of gross floor area.
XIX-5
Wholesale businessf including lumber and One per 1~000 s~uare feet of ~ross floor area.
other building products
Wholesale/retail beverage distribution
Wholesale/retail nursez~ a~d/or sale o£ plants
Yacht club
One space per 150 s~e feet of ~oss flor
area.
One s~ace for each 200 square feet of gross
floor area for retail use or one space for each
employee plus three spaces for wholesale use
with minimum of four spaces.
XIX-6
Bo
Areas computed as parking spaces. Areas which may be computed as open or
enclosed off-street parking spaces include any private garage, carport or
other area available for parking, other than a street or a driveway.
However, a driveway within a required front yard for a one-family or
two-f~m~ly residence may count as one parking space.
Size of spaces. 325 square feet shall be considered one parking space
(to provide room for standing area and aisles for maneuvering). Aisles
between rows of parkin~ spaces shall be not less than 22 feet wide,
unless reduced for 60 de~ree an~le parking, in which case the aisle space
should be not less than 16 feet wide. Entrance and exit lanes shall not
be computed as parking space except for driveways for one-family and
two-family residences. The minimum parking stall width shall be nine
feet and the minimum length shall be 1--9 feet.
Access. Unobstructed access to and from a street shall be provided.
Such access shall consist of at least one 15 foot lane for parking areas
with more than four spaces but less than 20 spaces, and at least two 10
foot lanes for parking areas with 20 spaces or more. NO entrance or exit
for any off-street parking area shall be located within 50 feet of any
street intersection, nor exceed a ~rade of six percent within 25 feet of
any street line nor 10 percent at any other ~oint. All points of ingress
or egress shall be appropriately signed, unless such signin~ is
considered unnecessar~ by the Plannin~ Board.
Drainage and surfacing. Ail open parking areas shall be property drained
within the premises and all such areas shall be provided with a dustless
surface, except for parking spaces accessory to a one-family or
two-family residence. Curbs, pavin~, sidewalks and drainage facilities
shall comply with standards established in Town ordinances, regulations
or specifications.
Joint facilities. Required parking spaces, open or enclosed, may be
provided in spaces designed to serve jointly two or more establishments,
whether or not located on the same lot, provided that the number of
required spaces in such joint facilities shall be not less than the total
required for all such establishments.
Combined spaces. When any lot contains two or more uses having different
parking requirements, the parking requirements for each use shall apply
to the extent of that use. Where it can be conclusively demonstrated
that one 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.
Location and ownership. Required accessory parking spaces, open or
enclosed, shall be provided upon the same lot as the use to which they
are accessory or elsewhere, provided that all spaces therein are located
within 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
XIX-7
Jo
located in any residence district unless the use to which the spaces are
accessory is permitted in such residence district or upon approval by the
Board of Appeals. Such spaces shall be in the same ownership as the use
to which they are accessory 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 (unless municipally owned spaces are utilized in
accordance with subsection (A) of $100-191 above).
Lots divided by district boundaries. When a parking lot is located
partly in one district and partly in another district~ the regulations
for the district requiring the greater number of parking spaces shall
apply to all of the lot. 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.
Wherever space is provided for the parking of five or more vehicles
in the open, such spaces shall be individually identified by means
of pavement markings.
No parking space shall be located in any front yard nor within ten
feet of any lot line in side or rear yards.
The parking of motor vehicles is prohibited within 15 feet of any
wall or portion thereof 'of a two or more family dwelling, which wall
contains windows (other than bathroom or kitchen windows) with a
sill height of less than eight feet above the level of the said
parking space.
No service of any kind shall be permitted to be extended to users of
the lot, including automobile service, repair or fueling, and no
gasoline, oil, grease or other supplies shall be stored or sold in
any such lot or in any garage on such lot.
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 four feet nor more than eight feet
in height.
Regulations for parking spaces adjacent to lots in any residence
district.
Wherever a parking area of over five spaces abuts or is within 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 substantial wall, fence or thick hedge, approved by the
XIX-8
Planning Board. Generally, such screen shall be not less than four
feet nor more than eight feet in height.
Whenever a parking area of over five spaces is located across the
street from other land in any residence district, it shall be
screened from the view of such land by a thick hedge, wall or fence,
approved by the Planning Board, located along a line drawn parallel
to the street and a distance of 20 feet therefrom, such screening to
be interrupted only at points of ingress and egress. Generally, no
such screening shall be less than four feet nor more than six feet
in height. The open area between such screening and the street
shall be landscaped in harmony with the landscaping prevailing on
neighboring properties fronting on the same street. Two
identification and directional signs located on the street side of
such screening shall be permitted; however, they shall not exceed an
area of three square feet each.
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.
Special exception uses. Uses recruiting a s~ecial exception ~ermit may be
recruited by the Planning Board to create up to 150 ~ercent of the minimum
parking required in the above sections, if it is found, either because of
the nature of the use or the nature of the site that such additional
~arkin9 would be necessaz~.
Traffic storage. Ail uses shall ~rovide sufficient s~ace on the same lot
so that any storage lanes for traffic will be ~rovided for and will not
obstruct traffic or utilize ~ublic rights-of-way.
Illumination. Off-street ~arking areas should be adequately illuminated
for convenience and safety, but no lighting for ~arking areas shall cause
glare on adjoining properties.
Connections between abutting parking areas. Where appropriate, the
Planning Board may rec~/ire ~aved connections between abutting parking
areas in different ownerships, so as to facilitate the flow of traffic.
Supplemental regulations for private garages and off-street ~arking areas
in residence districts.
1. Commercial vehicles.
One commercial vehicle not exceeding 25 feet in length may be
parked on an occupied lot in any residence district, but not
within the required yards of such lot and in no case between
the street line or side lines and the principal building.
One commercial vehicle not exceeding 25 feet in length may be
parked within a private garage in any residence district.
XIX-9
c. Commercial farm vehicles are permitted as accessory to a
commercial farm use in any residence district.
Se
Trailers and recreation vehicles. The storage or parking and use of
a travel trailer or a recreation vehicle by any ~erson or ~ersons,
except as hereinafter ~rovided, is prohibited in all residential
districts, except that:
The kee~ing or storing of one cam~-t~e travel trailer or
recreation vehicle is ~ermitted on a ~remises, if it is either
owned or rented by the occupants of such ~remises and is not
ke~t for ~ur~oses of sale or rental and is used solely for the
~ersonal use of such occupants. Such cam~-type travel trailer
or recreation vehicle shall not be occupied as livin~ quarters
at any time, and shall be secured in ~lace in the rear yard not
nearer than 15 feet to a side or rear lot line or to the
street, and the doors thereof shall be ke~t securely locked.
Such vehicle may not be ~arked within 10 feet of a one or two
family dwellin~ or 15 feet of a multiple dwelling.
Boats. One boat may be ~arked in the rear yard of any occupied lot
not nearer than 15 feet to a rear or side line or to any street.
Temporary trailers.
Where a building ~ermit has been issued for the construction or
alteration of a buildin~ the Building Inspector may issue a
tem~orar~ ~ermit for one trailer, for a ~eriod not to exceed
six months. The number of trailers shall be limited to that
which the Buildin~ Inspector shall deem to be necessar~ in each
case. Said tem~oraz~ ~ermit may be extended for additional
successive ~eriods of six months each, if the Building
Inspector finds that construction has been diligently pursued
and that ~ustifiable circumstances require such an extension.
he
During the ~eriod immediately following an emergency or
disaster, the Building Inspector may issue a temporary permit
for one trailer for a ~eriod not to exceed six months. The
number of such trailers shall be limited to one ~er affected
household or business, unless additional tem~orar~ trailers are
authorized by the Town Board as a s~ecial ~ermit. Said
temporary permit may be extended for additional successive
~eriods of six months each, if the Buildin~ Inspector finds
that construction has been diligently ~ursued and that
~ustifiable circumstances require such an extension.
Rental of spaces. Not more than one ~arking space per dwelling may
be rented to persons living off the ~remises in the case of a one-
or two-family dwellin~ use and not more than one ~arking space per
four dwellin$ units may be rented to ~ersons living off the ~remises
in the case of any other residential use.
XIX-10
§100-192. Off-street loading areas.
Off-street loading berths, open or enclosed, are permitted accessory to any
use (except one- or two-family residences), subject to the following
provisions:
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.
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 5,000 to 25,000 square feet, one
berth; for each additional 25,000 square feet or fraction thereof,
one additional berth.
For buildings with professional, governmental or business offices or
laboratory establishments, with a floor area of 5,000 to 25,000
square feet, one berth; for each additional 25,000 square feet or
fraction thereof up to 100,000 square feet, one additional berth;
for each additional 50,000 square feet or fraction thereof, one
additional berth.
For buildings with offices and retail sales and service
establishments, one berth for 5,000 to 25,000 square feet of floor
area, and one additional berth for each additional 25,000 square
feet of floor area or fraction thereof so used.
4. For undertakers and funeral homes, one berth for each chapel.
5. For hotels, one berth for each 2,500 square feet of floor area.
For manufacturing, wholesale and storage uses and for dry-cleaning
and rug-cleaning establishments and laundries, one berth for 5,000
to 10,000 square feet of floor area in such use, and one additional
berth for each additional 10,000 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 1--5 feet
wide, 14 feet high and 45 feet long, and in no event smaller than
required to accommodate vehicles normally using such berths.
Location and access. Unobstructed access at least 15 feet wide, to and
from a street, shall be provided. Such access may be combined with
access to a parking lot. All permitted or required loading berths shall
be on the same lot as the use to which they are accessory, except as
provided in subsection D below. No entrance or exit for any off-street
loading area shall be located within 50 feet of any street intersection.
No off-street loading berth shall be located in any required front yard.
XIX-ll
Do
Joint facilities. Permitted or required loading berths, open or
enclosed, may be provided in spaces designed to serve jointly two 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.
Lots divided by district boundaries. When a lot is located partly in one
district and partly in another district, the regulations for the district
requiring the greater number of loading berths shall apply to all of the
lot. Loading berths on such lot may not be located in any residence
district unless the use to which they are accessory is permitted in such
district or upon the approval of the Board of Appeals.
XIX-12
ARTICLE XX
Signs
Note: This is largely a new article incorporating sections §100-110 and
S100-111 from the current chapter which are included with §100-204 and
9100-208 herein.
9100-200. Purpose.
The purpose of this article is to regulate existing and proposed signs in
order to:
A. Protect property values.
B. Create a more attractive economic and business climate.
C. Enhance and protect Southold's physical appearance and environment.
D. Preserve the historic and architectural heritage of the Town.
E. Provide a more enjoyable and pleasing community.
Reduce sign or advertising distraction and obstructions that may
contribute to traffic accidents.
Reduce hazards that may be caused by signs overhanging or projecting over
public rights-of-way.
9100-201. Permits required and administrative procedure.
A. The provisions of this article shall apply in all districts.
Except as otherwise provided in this chapter, signs shall not hereafter
be erected, structurally altered, enlarged, or moved or reconstructed
within the Town unless a permit is obtained from the Building Inspector
following approval by the Planning Board in accordance with the
requirements set forth below, and payment of the required fee per sign in
accordance with the Town of Southold fee as specified in subsection F
below. Such permits must be renewed every five years. At such renewal
time, the Building Inspector shall determine that no modifications have
been made in the previously approved sign, and that said sign is properly
maintained and in safe condition.
The following two operations shall not be considered creating a new sign
and therefore shall not require a sign permit:
Replacing copy. The changing of the advertising or message on an
approved sign which is specifically designed for the use of
replaceable copy.
XX-1
Maintenance. Painting, cleaning and other normal maintenance and
repair of a sign or a sign structure, unless a structural change is
made or there is a change in message.
Application for a sign permit shall be made on a form provided by the
Building Inspector which application shall include:
1. Name, address and telephone number of the applicant.
Name, address, telephone number and insurance coverage of sign
maker.
Location of building, structure or land to which or upon which the
sign is to be erected.
4. Color photo of building upon which sign is to be erected.
5. Size of sign.
A description of the construction details of the sign, showing the
lettering and/or pictorial matter composing the sign; position of
lighting or other extraneous devices.
Sketches drawn to scale and supporting information indicating
location of sign, colors, size and types of lettering or other
graphic representation and materials to be used, electrical or other
mechanical equipment, details of its attachment and hanging.
Samples of materials should accompany the application, where
required by the Building Inspector.
8o
The written consent of the owner of the property upon which such
sig~ or signs is or are to be erected and maintained. In addition,
such sign application shall be accompanied by a fee as established
by the Town Board of the Town of Southold.
Such other pertinent information as the Building Inspector may
require to insure compliance with this section.
The Building Inspector shall review the proposed sign with respect to all
quantitative factors, and shall refer the applications which meet said
quantitative requirements, or which do not meet such requirements but may
be approved by the Planning Board as specified below, to the Planning
Board at least 15 days prior to the next regular meeting of the Planning
Board. The Planning Board shall act to approve, disapprove, or approve
with conditions within 30 days after receipt of the application, except
where a sign application is part of a site plan or special permit
application in which case the sign shall be reviewed as part of that
application.
The Planning Board may approve signs which differ from the quantitative
requirements set forth in this article, provided that a finding is made
that said sign or signs conform to the general design principles outlined
XX-2
in ~100-202 hereof, and provided further that no sign may violate the
sign prohibitions and general restrictions listed in ~100-204 herein.
After approval or approval with conditions by the Planning Board, the
Building Inspector shall authorize issuance of a permit in accordance
with all applicable requirements.
No sign permit shall be issued prior to payment of a fee of $0.25 per
square foot of sign area, but in no event shall such fee be less than
$5.0o.
§100-202. General design principles applying to signs.
Decisions on review of signs shall be guided by the following general design
principles:
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
Signs should be a subordinate part of the streetscape.
Signs should be as small as practicable.
Signs should be as close to the ground as possible, consistent with
required safety and legibility considerations.
Signs should be of a regular shape.
A sign should have an appropriate size relationship to the building upon
which it is placed.
Signs should be sized according to the speed of the intended
observer--smaller for pedestrians, larger for people passing in cars.
Signs should have a minimum of information in order to avoid clutter and
confusion.
Whenever feasible, multiple signs should be combined into one to avoid
clutter.
A sign should not impair the visual effectiveness of neighboring signs.
Garish colors and materials should be avoided.
Signs which have dark background colors and light letters are preferred
in order to minimize the apparent size of signs within the streetscape.
Generally, signs on the same building should be within the same
horizontal band, and be of a similar height.
Except in carefully designed circumstances, signs should be integrated
with fences, walls or buildings, and not freestanding.
XX-3
Sign material should be durable, requiring little maintenance; use of
material such as corrugated plastic, natural aluminum, bulbous plastic
letters, nontextured plastic, and glass tile should be avoided.
S100-203. Exemptions.
The following signs do not require Board review; however, where size is not
specified, the sponsoring agency shall be guided by the requirements of this
article.
ao
Signs of or required by duly constituted governmental bodies, including
traffic or similar regulatory devices and legal notices.
Be
Flags or emblems of political, civic, philanthropic, educational, or
religious organizations.
Bulletin boards or signs not over 18 square feet in area for public,
charitable, or religious institutions where the signs are located on the
premises of said institution located not less than 15 feet from any
street or lot line.
D. Memorial plaques, cornerstones, historical tablets, and the like.
E. Signs not visible from outside of the lot upon which they are situated.
Fo
Not more than two professional name plates on one property which do not
individually exceed two square feet in area, bearing only the names and
profession or occupation of the resident and set back not less than 25
feet from any side line and ten feet from the front and rear property
lines.
One professional association or professional corporation sign not
exceeding five square feet in area, bearing only the name and profession
and/or occupation of the resident professional association or corporation
and set back not less than 25 feet from any side line and ten feet from
the front and rear property line. Members of the professional
association or corporation may attach a nameplate, bearing only their
name, not exceeding two square feet in area, to the professional
association or corporation sign. When a professional association or
corporation sign has been erected pursuant to this subsection, a member
of the professional association or corporation may not erect a separate
professional sign on the same premises.
Identification signs posted in conjunction with door bells or mailboxes,
not exceeding a total of 30 square inches in the surface area.
Address signs. Not more than one address sign shall be permitted for
each street frontage. No address sign shall exceed two square feet in
surface area. Address signs shall show only the numerical address
designations (in numbers or script) of the premises upon which they are
situated, except that residential address signs may include the name of
the family resident therein.
XX-4
One sign advertising the sale, lease, or rental of residential or
non-residential premises upon which said sign is located, which sign
shall not exceed eight square feet in area except that a filed
subdivision may have a sign not exceeding 24 square feet and be located
not nearer than 15 feet to the front and rear property line and not less
than 25 feet from any side line.
Cautionary signs, which are less than one foot square in size, such as,
but not limited to, "danger," "no trespassing".
Private signs, including directional, regulatory, warning or
informational signs of a non-cominercial nature which are in the public
interest, such as, ~but not limited to, "exit," "entrance," "parking,"
"one-way". Such signs shall not exceed two square feet each.
The Town may establish in any district special public information centers
wherein directional signs approved by the Planning Board may be located.
S100-204. Sign prohibitions and general restrictions.
The following prohibitions and general restrictions shall apply in all
districts:
Nonaccessory signs, billboards, and mobile signs shall be prohibited in
all districts.
Flashing signs, including any sign or device on which the artifical light
is not maintained stationery and constant in intensity and color at all
times when in use are prohibited except for clocks and customary time and
temperature devices as regulated in subsection (A)(2) of S100-206.
Signs which compete for attention with, or may be mistaken for, a traffic
signal are prohibited. No sign shall be erected in such a manner as to
obstruct free and clear vision for drivers, interfere with, mislead, or
confuse traffic, or be located where, by reason of its position, shape,
or color, such sign may interfere with, obstruct the view of, or be
confused with, any authorized traffic sign, signal, or device by making
use of the words "stop", "look", or any other word, phrase, symbol or
character, or red, green, or amber illumination or reflection.
D. Roof signs shall be prohibited.
Signs made out of cardboard, paper, canvas or similar impermanent
material are prohibited.
Standard, approved methods of constant illumination shall be permitted on
ground signs, wall signs, and hanging signs, provided, however, that the
illumination shall be concentrated upon the area of the sign so as to
prevent direct glare upon the street or adjacent property.
G. Signs with visible moving, revolving, or rotating parts are prohibited.
XX-5
Except for holiday seasons or a period of 15 days from the date of a
grand opening, no sign or part thereof shall consist of pennants,
ribbons, streamers, spinners, or other similar moving, fluttering, or
revolving devices.
Signs noting that a property has been sold are prohibited.
No portable or temporary sign shall be placed on the front face of any
building or upon any lot, except as provided in subsection J of §100-206
herein.
No signs other than signs placed by agencies of the government shall be
erected on any public property, unless consent is first obtained from the
Planning Board. No sign shall be placed on any private property without
the consent of the owner thereof. NO sign shall be placed or painted on
any tree or rock. NO sign shall be placed on any utility pole except for
utility identification of similar purposes.
$100-205. Limitation of sign content or copy.
Information displayed on signs shall be limited to the name, address, and
nature of the business and products available or activity for which the
building or premises is used.
$100-206. Regulations regarding specific types of signs.
A. Illuminated signs.
A sign illuminated by electricity from outside or within or equipped
in any way with electric devices or appliances shall conform with
respect to wiring and appliances to the regulations of the New York
Board of Fire Underwriters and shall bear the stamp of said Board.
All wiring shall be self-enclosed in metal raceways.
Time/Temperature Display. A time-temperature display may be
permitted in the Hamlet Business District only, if it meets the
following conditions:
a. On premises.
b. Attached to the building wall.
c. No more than 18 square feet in total area.
No more than two colors inclusive of background color of
building wall.
A minimum time interval of five seconds between flashed
readings of time and temperature.
Be
Freestanding and ground signs. Except for required cautionary or traffic
control signs, and farm property advertising the sale of farm, garden or
XX-6
nursery products, only one freestanding sign shall be permitted for each
frontage of a property on a public street or way where a building is
setback at least 25 feet from the street line. Such signs are limited to
either pole signs with no guy wires or signs permanently affixed to a
fence or other wall separate from the principal building. All ground
signs shall be located within and not overhang the property line. The
location and design of such signs shall be chosen so as not to present a
hazard to pedestrian or vehicular traffic and shall be 25 feet from each
side line and 15 feet from the front and/or rear property line. The
maximum height of such signs shall be 15 feet.
C. Shopping center directory signs.
De
The term "directory sign" shall mean any sign containing a list of
names of business establishments located within a shopping center.
Each shopping center shall, as a whole, be allowed one free-standing
directory sign on the premises to be used for the purposes of
identifying the shopping center and the various business
establishments located within the shopping center where the building
or buildings are setback 25 feet from the street line. No
advertising of any sort shall be allowed on such sign. Said sign
shall not exceed 15 feet in height, measured from the top of said
sign to the mean level of the ground surrounding the support of said
sign. Each business establishment name shall occupy no more than 10
sq%lare feet in total area. Said sign shall comply with all other
applicable sections of this chapter.
A permit issued by the Building Inspector shall be required for each
shopping center directory sign erected or maintained pursuant to
this section. The application for said permit must contain an
architect's drawing of said directory sign as well as a survey
indicating the dimensions of said sign, its location and setbacks.
The Building Inspector shall refer said applications, drawing(s),
survey(s) and other supporting papers to the Planning Board for its
approval and recommendations.
Interior signs. An interior sign, or combination of signs, shall not
cover more than ten percent of the total glass area upon which, or in
which, it is affixed, displayed, or painted.
Marquee signs. Signs shall not be permitted on any marquee, other than
signs built into and forming a part of the marquee itself. Such signs
shall not exceed a height of three feet, a total area of 24 square feet
on any one side of the marquee, and shall not extend beyond the edge of
the marquee.
F. Wall signs.
Wall signs shall not project more than 12 inches from the wall to
which they are affixed.
XX-7
2o
within any Business District, such signs shall not exceed a height
of three feet, end shall not extend higher than the top of the
parapet in case of one story buildings. In the case of buildings
taller than one story, such signs shall not extend above the bottom
of the sill of the windows of the second story, nor extend or be
placed more than 15 feet above the outside grade. No wall sign or
combination of signs, including interior signs, on any wall facing
any street or public way in a commercial district shall exceed en
area in square feet equivalent to one time the length in feet of the
structure on each frontage up to a maximum of 60 square feet.
Within an industrial district, one wall sign not exceeding 30 square
feet is permitted for each street frontage from which access is
provided to the lot.
In eny districts where wall signs are permitted, no such sign shall
cover, wholly or partly, eny wall opening, including doors, fire
escapes, end windows, nor project beyond the ends of the wall to
which it is attached. All such signs must be safely and adequately
attached to said building wall by means satisfactory to the Building
Inspector.
Projecting signs. Projecting signs are permitted only within the Hamlet
Business and General Business District. Each establishment shall be
permitted one hanging sign for each frontage on a public street or public
way. Such signs shall not exceed eight square feet in area per face nor
exceed 12 inches from sign face to sign face. The bottom of such sign
shall be a minimum of eight feet or a maximum of 13 feet above the
sidewalk, end shall not extend into any access driveways intended for
service or emergency vehicles. Such signs may be double-faced, but may
not exceed four inches in depth. Said signs shall be considered as part
of the total permitted signage.
H. Iconic signs.
Iconic signs, such as barber poles, eyeglasses, mortar and pestle.
which are traditional in nature and size, shall be permitted.
Iconic signs shall not extend more than three feet from a building
wall nor encompass a space of more than 12 square feet when viewed
from eny angle.
Historic signs. The Planning Board may find that a particular sign is a
historic sign. In making such a finding, the Planning Board in consulta-
tion with the Historic Landmarks Commission must find that the proposed
sign is of significant historic quality in terms of age or design or by
reason of its relationship to an historic renovation project. The
Plenning Board may allow the re-construction, repair and maintenance of
historic signs upon such terms as may be just and proper in addition to,
or to the exclusion'of, any other signs permitted by this chapter.
XX-8
Temporary signs. The erection, installation, or maintenance of temporary
signs, as defined herein, is hereby prohibited, except that the Building
Inspector may grant special permission for the maintenance of the
following signs:
A temporary sign announcing special events, etc., not exceeding 24
square feet in area, which is erected by a municipal, charitable, or
nonprofit organization is permitted, for a period not to exceed 30
days.
A single temporary sign, not exceeding 12 square feet in area
(except where acreage or subdivision has a continuous frontage of
500 feet or more, the sign may not exceed 24 square feet) which
announces anticipated occupancy of a site or building, or identifies
the contractors, architects, engineers, etc., on a building under
construction, shall be permitted until a building is completed and a
certificate of occupancy is issued. It shall be set back not less
than 25 feet from any side line and 15 feet from front and rear
property lines.
Political signs. A political sign may be a sign, poster, banner or
other pro~tional device relating to a general, primary or special
election, as the same are defined in the Election Law of the State
of New York. Political signs shall be allowed on premises within
the Town of Southold for a period not to exceed 60 days from the
date of the posting of the bond provided for herein. Ail political
signs shall conform in terms of size, location, setback and all
other conditions as may be set forth in the further provisions of
this chapter. Prior to displaying any political sign, a bond in the
sum of $100 per candidate must be posted with the Town Clerk. Said
bond shall guarantee compliance with the provisions of this
subsection. Written permission of the owner of any land used for
political signs must be obtained prior to erection of the sign. No
political sign may be erected or maintained on or in a public
right-of-way or upon utility poles. The existence of political
signs in violation of these provisions relating to private property,
public rights-of-way or utility poles shall act to forfeit the
aforesaid bond and to allow the Town to remove said signs.
Temporary interior signs announcing special sales or events shall be
permitted in the Hamlet Business and General Business District.
Such signs shall cover no more than 25% of the window area to which
they are affixed, and shall be removed within 20 days.
K. Off-premises directional signs.
Definition: Any off-premises sign indicating the name of any
business within the Town, mileage to the premises and directional
indicator (an arrow or the words "east," "west," "south" or
"north").
XX-9
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$100-207.
A.
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Ail directional signs within the Town shall be of the same size,
material, height and color, as determined by the Town Board.
Only one directional sign shall be allowed per applicant, unless the
Zoning Board of Appeals, upon a showing of undue hardship, allows
one additional directional sign. Under no circumstances shall more
than one additional sign be allowed.
Under no circumstances shall directional signs be located within one
mile of each other nor shall any two signs be located along, on or
by the same highway, street or road.
Ail applications including permission of owner of property upon
which sign is to be placed shall be submitted to the Planning Board,
which, after considering the necessity for such directional sign,
shall grant or deny a special permit for the erection of such a
sign.
All such signs shall be set back not less than 25 feet from any side
line and 15 feet from the front and rear property line.
Signs directing traffic onto premises shall be permitted, not
exceeding six square feet in area and not exceeding three feet in
height to the top of the sign structure. Such signs may be
double-faced but may not exceed eight inches in depth. The minimum
setback for directional signs from any lot line or street line,
where applicable, shall be two feet. Directional signs shall be at
least two feet from any entry road, driveway, access or other
similar means of ingress and egress.
Unsafe, abandoned and unlawful signs.
The owner of a sign and the owner of the premises on which such sign is
located shall be jointly liable to maintain such sign, including its
illumination sources, in a neat and orderly condition and good working
order at all times and to prevent the development of any rust, corrosion,
rotting or other deterioration in the physical appearance or safety of
such sign.
If the Building Inspector shall find that any sign regulated herein is
unsafe, insecure, damaged, deteriorated or a menace to the public or has
been erected in violation of the provisions of this section, he shall
give written notice to the sign owner or the owner of the premises on
which such sign is located. Said sign and all appurtenances shall be
taken down and removed by the owner, agent or person having the
beneficial use of the building or structure upon which such sign may be
found within 30 days, after written notification from the Building
Inspector. Upon failure to comply with such notice within the time
specified in such order, the Building Inspector is hereby authorized to
cause removal of such sign, and the expense of said removal, when
certified by said Building Inspector to the Planning Board, shall be paid
by the Town and such amount shall thereupon be and become a lien upon the
premises in question and shall be levied and collected in the same manner
and under the same penalties as an assessment for a public improvement.
Co
If in the determination of the Building Inspector, a sign is an immediate
peril to persons or property, he may cause such sign to be removed
summ~arily and without notice. The cost of such removal shall be paid by
the Town and such amount shall be and become a lien upon the premises in
question and shall be levied and collected in the same manner and under
the same penalties as an assessment of a public improvement.
S100-208. Existing signs and nonconforming signs.
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Any existing sign that was in place prior to the date of adoption of this
article shall be subject to the following requirements:
The owner of the property shall be required to apply for a permit
for the sign within one year of the date of adoption of this article
and, if issued a permit, to then periodically apply for permit
renewal in accordance with the requirements of subsection B of
S100-201.
The Building Inspector shall review each application for a permit
for such pre-existing signs and determine whether the sign conforms
to the requirements of this ordinance.
Where a sign is determined to conform to the requirements of this
article or not to exceed any of the quantitative requirements of
this article by more than 25 percent, the Building Inspector shall
issue a permit for said sign upon a determination that the existing
sign is in good condition and does not pose any safety hazards.
Where a sign is determined to violate the sign prohibitions and
general restrictions listed in ~100-204 above, said sign shall be
deemed a nonconforming sign and shall be subject to the provisions
of subsection B of $100-208 below.
Where a sign is determined not to violate the provisions of §100-204
but exceeds any of the quantitative requirements of this ordinance
by more than 25 percent, the permit for said sign shall be referred
to the Zoning Board of Appeals and shall be issued by the Building
Inspector only if approved by the Board and shall be subject to any
conditions approved by the Board. If the Board does not approve, or
conditionally approve the application, the Building Inspector shall
not issue the permit and the sign shall be deemed to be
nonconforming.
A sign pre-existing the date of adoption of this ordinance, and
determined to be nonconforming, or any existing sign that fails to
receive renewal of its permit, shall be removed or made to conform within
three years of the date of adoption of this law. If the owner fails to
remove, or cause to be removed, such sign within 30 days after written
notice served following expiration of the cited three-year period, the
XX-11
Building Inspector shall remove such sign and assess the cost thereof to
the property owner.
A nonconforming sign shall not be structurally repaired or enlarged. The
relettering, painting, or decorating of such signs shall be permitted,
but any such sign once removed for purposes other than relettering,
painting, or decorating shall be deemed permanently removed and may be
replaced only in accordance with the provisions of this article.
Nothing in this chapter shall prevent the complete restoration within six
months of a sign destroyed by an accidental cause such as fire, flood,
explosion, riot, act of God or act of the public enemy. Such restored
sign shall not exceed the dimensions of the sign destroyed.
ARTICLE XXI
Landscaping, Screening and Buffer Regulations
Note: This article is essentially a new section.
§100-210. Purpose.
The following standards are intended to enhance the appearance and natural
beauty of the Town and to protect property values through preservation and
planting of vegetation, screening, and landscaping material. Specifically,
these standards are intended to enhance the appearance of major travel
corridors and business areas; to reduce excessive heat, glare, and
accumulation of dust; to provide privacy from noise and visual intrusion; and
to prevent the erosion of the soil, excessive run-off of drainage water, and
the consequent depletion of the ground water table and the pollution of water
bodies.
9100-211. General requirements.
The following provisions shall apply to any use in all zoning districts:
Landscaping, trees, and plants required by these regulations shall be
planted in a growing condition according to accepted horticultural
practices, and they shall be maintained in a healthy growing condition.
Any landscaping, trees, and plants which are in a condition that does not
fulfill the intent of these regulations shall be replaced by the property
owner during the next planting season for the particular plant material.
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A screening fence or wall required by these regulations shall be
maintained by the property owner in good condition throughout the period
of the use of the lot subject to the following conditions:
Any land that is or has been designated or required to be a
screening area, buffer area or paved area pursuant to an approval by
the Town Board, Planning Board or Zoning Board of Appeals of any
grant of an application for a change of zone, variance or site plan
approval or which is required by ordinance or local law must be
maintained by the owner of the property or any of the owners,
successors in interest or assignees.
When it is determined by the Planning Board that any land is not
maintained pursuant to such grant or ordinance, the Building
Department shall notify the owner of record of such land, by
registered mail to the address shown on the last preceding
assessment roll, to erect, replace, repair or maintain fences,
trees, plantings, shrubbery or other screening or paved areas
pursuant to the plan or ordinance.
In the event that the owner of record does not comply with the
notice within 30 days of the date of said mailing, the Building
XXI-1
Inspector may take the appropriate action to erect, replace, repair
or maintain fences, trees, plantings, shrubbery or other screening
or paved areas on the designated land. The Building Inspector shall
certify by affidavit the costs incurred either by the Department or
the Town Board. The Town Board shall, by resolution, instruct the
Town Clerk to publish a public notice that a public hearing will be
held for the purpose of adding to the assessment roll of the
described lot or parcel the costs incurred and that, at the public
hearing, the Town Board will hear and consider any objection which
may be made to such roll. The publication of such notice shall not
be less than ten days before the time specified for such hearing.
The Town Board, after public hearing, may then cause such assessment
to become a lien and may direct the Town Assessor to place it on the
assessment roll.
Ail landscaping, trees, and planting material adjacent to parking areas,
loading areas, or driveways, shall be properly protected by barriers,
curbs, or other means from damage by vehicles.
To the extent possible, existing trees, vegetation, and unique site
features such as stone walls, shall be retained and protected. Existing
healthy, mature trees, if properly located, shall be fully credited
against the requirements of these regulations.
Where lot size and shape or existing structures make it infeasible to
comply with the requirements for a front landscaped area or landscaped
parking area, the Planning Board may approve planters, plant boxes or
pots containing trees, shrubs, and/or flowers to comply with the intent
of these regulations.
In cases where the edge of the pavement within a public right-of-way does
not coincide with the front lot line, the property owner shall landscape
the area between the front lot line and the edge of the street pavement.
S100-212. Front landscaped area.
A front landscaped area shall be required for all uses in all zoning
districts. The required landscaped area shall be covered with grass or other
ground cover and shall include appropriate trees and shrubs. As a minimum, in
all non-residential districts and in the Hamlet Density Residential and R-40
Low Density Residential Districts, one shade tree having a caliper of two
inches shall be planted within the front landscaped area for each 40 feet or
fraction thereof of lot frontage. The purpose of the landscaping is to
enhance the appearance of the use on the lot but not to screen the use from
view.
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Residential Districts. In all residential districts, required front
yards, except for the driveway, shall be landscaped with grass or other
suitable ground cover, trees, and/or shrubs.
Non-Residential Districts. In all non-residential districts, there shall
be a landscaped strip in the front yard area: in the Limited Business,
General Business, and Light Industrial/Office Park and Light Industrial
Districts, the strip shall be 25 feet and in the Marine Recreation,
Marine Business District the landscaped strip shall be 15 feet deep along
and contiguous to the front lot line of the property. There shall also
be a landscaped area five feet wide abutting the front of the building in
all non-residential districts including the Hamlet Commercial District.
§100-213. Transition buffer area.
The purpose of the transition buffer area is to provide privacy from noise,
headlight glare and visual intrusion to residential dwellings. A buffer area
shall be required along all boundaries of a non-residential lot abutting any
lot in a residential district.
Such buffer area shall comply with at least the following minimum standards:
The buffer area shall be located within the boundaries of the subject
property.
B. The minimum width of buffer areas shall be as follows:
1. Hamlet Business District
15 feet
2. Marine Recreation and Marine Co~nercial Districts 20 feet
3. Limited Business District
20 feet
4. General Business Districts
25 feet
5. Industrial Districts 30 feet
Any district other than residential district
adjoining land owned or maintained by New York
State, Suffolk County, or Southold Town with
current or potential use as park land
25 feet
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The buffer area shall be of evergreen planting of such type, height,
spacing and arrangement as, in the judgment of the Planning Board, will
effectively screen the activity on the lot from the neighboring
residential area. As a minimum, the planting shall consist of a double
row of trees six feet in height planted at intervals of ten feet on
center. Non-evergreen planting may be included to supplement evergreen
planting, but not to take its place.
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A landscaped earthen berm, wall, or fence of location, height, design,
and materials approved by the Planning Board may be accepted for any
portion of the required planting and/or buffer area.
Where the existing topography and/or landscaping provides adequate
screening, the Planning Board may accept the existing planting and/or
buffer area as the required planting.
XXI-3
~100-214. Landscaped parking area.
In addition to the front landscaped area and buffer area requirements, parking
areas shall comply with the following minimum standards:
Ail uses required to provide 20 or more off-street parking spaces shall
have at least ten square feet of interior landscaping within the paved
portion of the parking area for each parking space and at least one tree
with a two inch caliper for every ten parking spaces or fraction thereof.
Each separate landscaped area shall contain a minimum of 100 square feet,
shall have a minimum dimension of at least eight feet, shall be planted
with grass or shrubs, and shall include at least one tree of not less
than two inch caliper.
A landscaped area shall be provided along the perimeter of any parking
area except that portion of the parking area which provides access to a
street or a parking facility on an adjacent lot. Accessways to adjacent
lots shall not exceed 24 feet in width and shall not exceed two in number
for each purpose. The landscaped area shall have a minimum dimension of
four feet, shall be planted with grass or shrubs and shall include at
least one tree of not less than two inch caliper for every 40 feet along
the perimeter of the parking area. In cases where the parking area
adjoins a public sidewalk, the required landscaped area shall be extended
to the edge of the sidewalk.
Trees used in parking lots shall include Honey Locust, Pine, Oak, or
other similar fast-growing, hardy varieties, or existing trees where
appropriately located.
~100-215. Properties located adjacent to creeks.
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The rear yards of properties located adjacent to creeks shall include
natural vegetation and/or shall contain suitable planted vegetation to a
minimum depth of 20 feet inland from the mean high water line elevation
or wetland boundary to prevent erosion of the shoreline. Vegetation
within the buffer strip shall not be fertilized or chemically treated.
XXI-4
ARTICLE XXII
Protection of Natural Features
Note: This is a new article incorporating the existing S100-119.2 Building
setback from waterbodies and wetlands, now S200-223 herein.
~100-220. Purpose.
The regulations in this article are adopted to protect and perpetuate certain
of the Town's natural features and undisturbed areas. Growth and increasing
demands on natural resources can encroach upon many of the Town's important
marshes, wetlands, watercourses, natural drainage systems, watersheds and
water recharge areas, as well as its beaches, dunes, bluffs and other coastal
features. This encroachment can in turn disrupt associated natural resources
and natural processes, which, in an undisturbed and natural condition,
constitute important physical, social, aesthetic, recreation and economic
assets to existing and future residents of the Town. These regulations are
therefore designed to preserve and maintain these features, resources and
processes by minimizing their disturbance. This will prevent or minimize
damage caused by erosion, turbidity, siltation and salt water intrusion;
prevent loss of fish, shellfish and other beneficial marine organisms, aquatic
wildlife and vegetation, and the habitat necessary to sustain the same; lessen
the dangers posed by flooding and storm tides; and help to protect the Town's
underground water supply through preservation of natural filtration and
recharge sites.
~100-221. Designation.
The following are hereby designated as natural features, areas, resources or
systems in need of special, protection by regulation in this article and other
chapters of the Town Code.
1. Wetlands
2. Watercourses
3. Tidal waters
4. Beaches
5. Beach and dune grass
6. Dunes
7. Bluffs
§100-222. Regulations.
without having first obtained a wetlands permit pursuant to Chapter 97
Wetlands, a soil removal permit pursuant to Chapter 81 Soil Removal, and/or a
See also Chapter 97 Wetlands.
XXII-1
building permit or other appropriate permit from the Building Inspector
specified in Article XXVIII Administration and Enforcement, no person shall:
Place or deposit, or permit to be placed or deposited, debris, fill,
sand, gravel or any material, including structures, into, within or upon,
or within 150 feet of any boundary of, any wetlands, watercourse, tidal
water or beach.
Clear, dig, dredge, or in any other way add to, alter or remove any
material, including natural products from, or within 150 feet of any
boundary of, any wetland, watercourse, tidal water or beach.
Erect, construct, reconstruct, enlarge or alter any structure including,
but not limited to, any groin, bulkhead, dock, boathouse, residence,
accessory structure, road or other improvement whatsoever, in, on or
under, or within 150 feet of any boundary of, any wetland, watercourse,
tidal water or beach.
Build, create, maintain, operate or make use of any cesspool, septic
tank, leaching field or other in-ground sewage or other waste disposal or
storage system, including any pipe, conduit or other part thereof, or any
above-ground or in-ground holding tank for any liquid other than water,
within, upon or under, or within 300 feet of any boundary of, any
wetland, watercourse, tidal water or beach.
Construct, create, eliminate, enlarge or diminish in size any wetland,
watercourse, pond or lake, whether man-made or natural, by filling,
dredging, damming or any other method whatsoever.
Pm
Remove, uproot, bury or otherwise damage any dune grass or beach grass,
but this section shall not be deemed to require a permit for the planting
of beach grass on privately-owned land which will not involve disturbance
of existing beach grass.
Remove, clear, grade, regrade, raise, lower, fill, cut or otherwise alter
any sand dune or bluff.
Commence, undertake, or carry out any activity, construction or work for
which a building permit is required under this chapter at any location on
a lot regardless of the size thereof, if the lot:
1. Directly abuts any tidal water or tidal wetland.
Contains anywhere within its lot boundaries a wetland, watercourse
tidal water, beach, dune or bluff.
S100-223. Building set-back from water bodies and wetlands.
Not withstanding any other provisions of this chapter, the following set-back
requirements shall apply to all buildings located on lots adjacent to water
bodies and wetlands:
XXII-2
A. Lots adjacent to Long Island Sound.
Ail 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 than 100 feet from the top of such
bluff or bank.
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 100 feet from the mean high water mark of
Long Island Sound.
Ail buildings located on lots adjacent to tidal water bodies other than
Long Island Sound, shall be set-back not less than 75 feet from the mean
high water mark of such tidal water body, or not less than 75 feet from
the landward edge of the tidal wetland, whichever is greater.
Ail buildings located on lots adjacent to any freshwater body shall be
set-back not less than 75 feet from the edge of such water body, or not
less than 75 feet from the landward edge of the freshwater wetland,
whichever is greater.
~100-224. Role of the Town Trustees.
The provisions of this article shall apply to uses or activities on or in all
lands and waters in the Town of Southold by any private persons or party, but
nothing herein shall be construed as limiting or impairing the authority of
the Trustees of the Town of Southold to regulate, control or prohibit any use
or activity on or in wetlands and waters regulated by the Trustees.
~100-225. Violations.
The undertaking or carrying out of any activity prohibited by this article, or
failure to apply for and obtain a permit for any use or activity for which
this article requires the same, or failure to apply for and obtain Southold
Town Trustee permission for any activity in wetland areas under their
jurisdiction, shall constitute a violation of this chapter subject to .the
provisions of Article XXVIII Administration and Enforcement, Chapter 97
Wetlands or Chapter 81 Soil Removal.
§100-226. Exemption.
Nothing in this article shall be deemed to apply to fishing, shellfishing,
hunting and trapping which is otherwise legal and for which all necessary
licenses and permits, including permission of the land owner, if required,
shall have been obtained.
See also Chapter 77 Shellfish.
XXII-3
ARTICLE XXIII
Supplementary Regulations
~100-230. Exceptions and modifications.
Established front yard setback. Where property in the vicinity is
improved with permanent dwellings with front yards 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 300 feet of the
proposed dwelling on the same side of the street within the same use
district.
Exceptions to lot de~th rec~/irements. The minimum lot de~th at any point
may be decreased to 75% of the minimum requirement if the average depth
conforms to the minimum requirement.
C. Exceptions to ~ard requirements.
1. Permitted obstructions. Cornices or cantilevered roofs may ~ro~ect
not more than two feet into a required yard. Belt courses, window
sills and other ornamental features may ~ro~ect not more than six
inches into a required yard. Fences or walls not over four feet in
height may be erected anywhere on the lot, except as set forth in
~100-232 herein. Paved terraces, ste~s and walks (other than such
as are needed for access to the buildings on the lot) shall not
~ro~ect within 15 feet of a street line or four feet of a ~ro~erty
line.
Entries and ~orticos. A roofed-over but unenclosed ~ro~ection in
the nature of an entr~ or ~ortico, not more than eight feet wide and
extending not more than six feet out from the front wall of the
building, shall be exempt from the requirements of this section when
the building otherwise complies with the regulations of this
section. In com~uting the average setback, the ~resence of such
entries and ~orticos shall be i~nored.
Permitted ~ro~ections. In any district, chimneys on residential,
~ublic or semi-~ublic buildings may ~ro~ect into a required yard to
the extent of not more than two feet. In any residential district,
terraces, ste~s or uncovered ~orches may ~ro~ect into any required
yard, provided no ~art thereof is nearer than four feet to any lot
line.
Height exceptions. The height limitations of this ordinance shall not
apply to:
S~ires, belfries, cupolas and domes not for human occupancy;
monuments, transmission towers, chimneys, derricks, conveyors, fla~
~oles, radio towers, television towers, and television aerials,
~rovided that any television or radio aerial shall not De located
XXIII-1
nearer than a distance equal to its height above the roof or other
permanent structure to which it is attached to any overhead electric
transmission line carrying more than 220 volts.
2. Bulkheads, observation towers, monitors, fire towers, hose towers,
coolin~ towers, water towers, grain elevators, or other structures
where a manufacturing process requires ~reater height, provided that
any such structures that are located on any roof and that exceed in
height the limits in the particular district shall not in the
a~re~ate occupy more than 20 percent of the horizontal area of the
roof, and are set back one foot from the edge of the roof for each
additional foot in height sreater than the specified height.
Ail mechanical equipment necessar~ to operate buildin$ services,
which equipment is located on the roof of a structure, shall be
screened in a manner approved by the Plannin~ Board.
Measurement of side yard. Where the wall of a buildin~ is not parallel
to the lot line, the averase distance from said wall to said lot line
shall be considered in measurin~ such side yard widths.
~100-231. Height of fences, walls and hedges.
Fences, walls, hedges or other live plantings within five feet of the property
lines may be erected and maintained, subject to the following height
limitations:
When located in the front yard along the front yard property line, the
same shall not exceed four feet in height, unless used to contain horses.
In such case a fence would be allowed to a height of six feet.
When located along side and rear yards, the same shall not exceed six and
one-half feet in height.
When located other than in the front yard area or along side or rear lot
lines, the same shall not exceed eight feet in height.
~100-232. Corner lots.
On a corner lot, front yards are required on both street frontages, and
one yard other than the front yard shall be deemed to be a rear yard, and
the other or others side yards.
On all corner lots, berms, walls, fences and hedges or any other
potential obstruction to vision must be kept below a height of two and
one-half feet above the average street level within an isosceles triangle
having 30 foot sides along each street to preserve sight lines for
traffic.
$100-233. Building length and separation for buildings containing multiple
dwellings.
XXIII-2
A. No building shall exceed 125 feet in length.
B. The minimum distance between principal buildings shall be equal to two
times the height of the highest building, and the minimum distance
between a principal and an accessory building shall be 20 feet.
§100-234. Courts.
A. Inner courts. An inner court is ~ermitted in multi-famil~ dwelling
developments if the minimum dimension of such court is not less than two
times the average height of all surrounding walls, but not less than 60
feet. The height of walls surrounding an inner court shall be measured
from finished ~rade at the base thereof to the to~ of such wall, except
that, in the case of roofs with a slope exceeding five inches vertical to
12 inches horizontal, the height shall be measured to the mean point of
the roof.
Outer courts. The minimum width of an outer court shall be 20 feet and
the depth thereof shall not exceed its width.
~100-235. Access requirements.
A. Street access.
1. No buildin$ shall be erected on a lot that does not have direct
access to a public street or indirect access to a public street via
a ~rivate street or way approved by the Plannin~ Board.
Ail buildings and structures shall be so located as to provide safe
and convenient access for servicing, fire and ~olice protection, and
off-street parkin$ and/or loading.
Residential rear or fla~ lots and accessways. Any rear lot or fla~ lot
occupied or to be occupied by a one-family dwelling shall have access
thereto by means of an accessway, having a width of not less than 20
feet, servin~ only such lot. The area of the accessway shall not be
included in determining the area of any lot. The front yard of any lot
havin~ access to a street by means of an accessway shall be the recruited
front yard s~ecified for the district in which the lot is located and
shall be measured from the rear lot line of the front lot.
§100-236. Open storage.
No unenclosed storase, except parkin~ of operable passenger vehicles
capable of passin~ inspection or recreation vehicles or boats as set
forth in ~100-191 shall be permitted in a residential district.
When open storage is ~ermitted in a commercial or industrial district as
a principal or accessor~ use, the following conditions shall be met:
Storage shall be screened from view by a fence or eversreen
screening, the desisn and location of which shall be approved by the
XXIII-3
Planning Board. In no case shall the stored material exceed the
height of the screening.
No outdoor storage may be permitted within 25 feet of a residential
district boundary.
Automobile wreckin~ yard or junkyard is required to provide suitable
screening in the form of fencing or hedges completely around the
periphery of the area used for such purposes, subject to the approval of
the Plannin~ Board. Failure to provide such screening shall require
elimination of said nonconformin~ use.
S100-237. Prohibited uses in all districts.
The following uses are prohibited in all districts:
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 stre~m~ 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 dangerious 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.
Bo
Artificial lighting facilities of any kind which create glare beyond lot
lines.
Carnivals, circuses and related activites, except for a temporary period
on special license from the Town Board.
Junkyard or refuse disposal site, except a refuse disposal site
established as an official town refuse dispo,~al site or duly authorized
as a refuse disposal site by the Town Board.
Uses involving primary production of the following products from raw
materials:
Charcoal and fuel briquettes; chemicals; aniline dyes; carbide;
caustic soda; cellulose; chlorine; carbon black and bone black;
See also Ch. 48, Garbage, Rubbish and Refuse, and Ch. 54, Junkyards.
XXIII-4
creosote; hydrogen and oxygen; industrial alcohol; nitrates of an
explosive nature; potash; plastic materials and synthetic resins;
proxylin; rayon yarn; hydrochloric, nitric, phosphoric, picric and
sulfuric acids; coal, coke and tar products, including gas
manufacturing; explosives; gelatin, glue and size (animal); linoleum
and oil cloth; matches; paint, varnishes and turpentine; rubber
(natural or synthetic); soaps, including fat rendering; starch.
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.
6o
Refining petroleum products, such as gasoline, kerosene, naphtha,
lubricating oil.
7. Distillation of wood or bones.
Reduction and processing of wood pulp and fiber, including paper
mill operations.
G. Operations involving stockyards, slaughterhouses and slag piles.
H. Storage of explosives.
I. Quarries.
Storage of petroleum products. Notwithstanding any other provisions of
this chapter, storage facilities with a total combined capacity of more
than 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 1,000 feet of tidal
waters or tidal wetlands.
~100-238. Restriction on conversion of motel or hotel ~uest units to
condominium or cooperative units.
Conversion of motel or hotel ~uest units to condominium or cooperative units
shall not be ~ermitted except in residential districts where dwelling unit
rec~uirements for multiple dwelling units including minimum livable floor area
are met.
§100-239. Land under water; filled land.
Streams, ~onds, tidal marshes and ~ortions of Long Island Sound and its
various bays and estuaries, lying within the boundaries of the Town of
XXIII-5
Southold, whether or not so indicated on the Zoning Ma~ as bein$ in a
~articular use district, shall be considered as being in the most restricted
use district abuttin$ thereon, and such zonin~ classification shall continue
in force regardless of any fillin~ or drainin~ of such lands. Nothin~ herein
contained shall be construed to permit the filling or dredging of such land.
For the purpose of computin~ density for the development of any lot or lots,
no land under water, unless ~illed pursuant to law, shall be included in
computin~ the minimum lot area for each dwellin~ unit permitted under the
appropriate zoning district in which the property lies.
$100-239a. Excavations.
No excavation of any kind shall be permitted except in connection with the
construction on the same lot of a building for which a building permit has
been duly issued. In the event that a building o~eration is arrested prior to
completion and the building permit therefor is allowed to lapse, within six
months after the date of expiration of such permit, the premises shall be
cleared of any rubbish or other unsightly accumulations, and topsoil shall be
replaced over all areas from which such soil may have been removed. Any
excavation for a basement or foundation with a depth ~reater than three feet
below ~rade shall be either filled or surrounded by a substantial fence
adec~uate to deny children access to the area and adec~uately maintained by the
holder of the permit.
~100-239b. Tourist camps, camp cottages and trailers.
A. Permits required.
NO tourist camp shall be established, maintained or operated in any
district, nor shall any tent, tent house, camp cottage, house car or
trailer to be used or occupied as a place for living, sleeping or eating,
whethe~ charge is or is not made, be erected or placed therein, unless
authorized by the Town Board pursuant to the provisions of Chapter 88,
Tourist and Trailer Camp.
B. Automobile trailers or house cars.
Notwithstanding any other provisions of this chapter, a single automobile
trailer or house car may be located outside a tourist camp only when
authorized by the Town Board and subject to such conditions as may be
prescribed by the Town Board.
C. Exemptions.
This article shall not be deemed to apply to the temporary or seasonal
camp of any unit of the Boy Scouts of America or the Girl Scouts of
America or other such organizations under the leadership provided by said
organizations, respectively.
XXIII-6
ARTICLE XXIV
Nonconforming Uses and Buildings
S100-240. Purpose.
The purpose of this article is to reduce or minimize impacts of: uses and
buildinTs which do not conform to the use or bulk rec~irements set forth in
this chapter; all uses and buildinTs that become nonconforminT by reason of
any subsec~uent amendment to this ordinance; and all buildings containing
nonconforminT uses.
S100-241. NonconforminT uses.
Except as provided hereinafter, nonconformin~ use of buildings or open land
existinT on the effective date of this chapter or authorized by a building
permit issued ~rior thereto, regardless of change of title, possession, or
occupancy or riTht thereof, may be continued indefinitely, except that such
buildin~ or use:
A. Shall not be enlarTed, altered, extended, reconstructed, or restored or
placed on a different ~ortion of the lot or parcel of land occupied by
such use on the effective date of this ordinance, nor shall any external
Be
evidence of such use be increased by any means whatsoever.
Shall not be moved to another location where such use would be
nonconforming.
Ce
Shall not be chanted to another nonconforminT use without approval by the
Board of Appeals and then only to a use which, in the opinion of the said
Board is of the same or of a more restrictive nature.
Shall not be chanted back to a less restrictive use, if chanted to a more
restrictive nonconformin~ use.
me
Shall not be re-established or chanted to another nonconforminT use if
such use has been discontinued for any reason for a period of two years.
Intent to resume a nonconforminT use shall not confer the riTht to do so.
Shall not be re-established if such use has been chanted to, or replaced
by, a conforminT use.
Shall not be repaired or rebuilt unless the use is changed to a
conforming use if the nonconforming use is damaged by fire or other
causes to the extent of 50% of its fair value.
$100-242. NonconforminT buildings with conformin~ uses.
NothinT in this article shall be deemed to ~revent the ramodelin~,
reconstruction or enlargement of a nonconformin~ building containinT a
conforminT use ~rovided that: such action does not create any new
XXIV-1
nonconformance or increase the degree of nonconformance with regard to
the regulations pertaining to such buildings.
Reconstruction of a damaged building.
A nonconforming building containing a conforming use which has been
damaged by fire or other causes to the extent of more than 50% of
its fair value shall not be repaired or rebuilt unless such building
is made substantiall~ to conform to the height and ~ard requirements
of the Bulk Schedule.
Application for a permit to build or restore the damaged portion of
an~ building damaged or destroyed as set forth in subsection B(1)
above, shall be filed within one year of the da~ of such damage, and
shall be accompanied b~ plans for reconstruction which as to such
portion, shall compl~ with the requirements set forth above. If
such permit is issued, it shall lapse one ~ear thereafter unless
reconstruction in accordance with the approved plans has been
initiated.
S100-243. Nonconforming buildings with nonconforming uses.
A nonconforming building containing a nonconforming uses shall not be
enlarged, reconstructed or structurally altered or moved, unless the use
of such building is changed to a conforming use.
A nonconforming building containin~ a nonconforming use which has been
damaged by fire or other causes to the extent of more than 50% of its
fair value shall not be repaired or rebuilt unless the use of such
building is changed to a conforming use.
S100-244. Repairs and maintenance.
Notwithstanding an~ of the foregoing regulations, nothing in this article
shall be deemed to prevent normal maintenance and repair of any building, or
the carry, lng out upon the issuance of a building permit of major structural
alterations or demolitions necessar~ in the interest of public safety.
~100-245. Involuntar~ moves.
subsections (A) and (B) of ~100-241 and subsection (A) of ~100-243 herein are
not intended to appl~ to involuntar~ movements of uses or structures as a
result of condemnation actions or other litigation.
XXIV-2
ARTICLE XXV
Site Plan A~roval
S100-250. Purpose.
To standardize procedure for review of site plan and requirements for site
plan application regardless of district.
§100-251. General requirements.
No building or structure and no ~arking lot or outdoor use of land, except
those used as a one-family or two-family dwelling or for farming purposes and
their accessor~ uses, including home occupations, shall be used, constructed,
enlarged, or moved until a site plan meeting all the applicable rec~uirements
of this article has been approved by the Planning Board. In addition, any
change in use or intensity of use which will affect the characteristics of the
site in term of parking, loading, access, drainage and/or utilities or any
plan to alter a building in a historic district or with historic landmark
designation will rec~lire site plan approval. Furthermore, any use or
structure in a flood or erosion hazard area will require site plan approval.
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 authorization of and in conformity with the site plan
approval by the Planning Board.
Moreover, it is the intent that all problems arising within the limits of the
)ob site will be com~letel~ resolved, redesigned and approved before any work
is resumed. However, in the event that an error either of design or ~udgement
becomes apparent during the ~rogress of the work, the Planning Board through
its representative, the Building Inspector, reserves the right to cease such
work and direct such changes pursuant to Town of Southold s~ecifications to
correct such error.
It is also understood, that the Planning Board or its representatives shall
not be held liable for any problems arising during or after construction.
~100-252. Objectives.
In considering and acting upon site development plans, the Planning Board
shall take into consideration the public health, safety and welfare, the
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:
Traffic access. That all proposed traffic accessways are adequate but
not excessive in number; adequate in width, grade, alignment and
visibility; are located in pro,er relationshi~ with intersections,
~edestrian crossings and places of public assembly and are in conformance
with overall traffic safety considerations.
Interior circulation and parking. That adequate off-street parking and
loading spaces are provided to satisfy the ~arking needs of the ~ro~osed
uses on-site, and that the interior circulation system is adequate to
provide convenient access to such s~aces consistent with ~edestrian
safety.
Landscaping and screening. That all required recreation, parking,
service and similar areas are screened at all seasons of the year from
view of adjacent residential districts and streets, and that the
landscaping of the site is in character with that generally prevailing in
the neighborhood. Existing trees eight inches or more in diameter
measured three feet above the base of the trunk shall be retained to the
maxim%un extent possible.
Natural features. Due regard shall be ~aid to all natural features on
and adjacent to the site, including, but not limited to, drainage
courses, wetlands, marshes, dunes, bluffs, beaches, escarpments,
woodlands, large trees, unique ~lant and wildlife habitats, flood hazard
areas and to ~rotection of ground and surface waters.
Cultural Features. Due re~ard shall be ~aid to all cultural features on
and adjacent to the site including, but not limited to, archeological and
~aleontolo~ical remains, old trails, historic structures and sites and
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a~ricultural fields.
Pavement. Ail ~lazas and other ~aved areas intended for use by
~edestrians shall make use of such ~avements and ~lant materials which
could serve to encourage their use by ~edestrians during all seasons of
the year and shall not consist of undue expanses of ~avement.
Lighting. All outdoor lightin~ shall be of such a nature and so arransed
as to ~reclude the ~ro~ection of direct light and ~lare onto ad)oining
properties and streets.
Public address or sound system. Any sound or ~ublic address system shall
be such that no sound from system shall be audible on adjoining
properties or on the adjacent street.
Facades. Buildin$ facades shall be compatible with surrounding area.
Drainage. The drainage system and layout ~ro~osal will afford an
adec~uate solution to any drainage ~roblems.
Public utilities. Plans for water supply and sewage disposal are
adequate such that the internal water and sewer systems are adequate and
that all wells, sewage systems and connections to Town systems are in
accordance with Town and County standards.
XXV-2
Lo
Existin~ development and community plan. That the development proposed
is at a scale and density consistent with existin~ development and with
the Master Plan of the Town of Southold.
Aesthetic considerations. The the design of all structures shall be
compatible with that of surrounding structures. Com~atibilit~ shall be
determined by a review of proposed (1) use of materials, (2) scale, (3)
mass, (4) height, (5) color, (6) texture, and (7) location of the
structure or structures on the site.
Handicapped access. The site plan and buildin~ design shall accommodate
the needs of the handicapped and be in conformance with the State
standards for construction concernin~ the handicapped.
Ener~ conservation. The site plan and buildin~ design shall maximize
the conservation of energy.
§100-253. Effect of approval.
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.
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.
Co
Should any site plan approval involve any matter requiring referral to
the Suffolk County Planning Comx~ission, then the matter shall be
referred, prior to final action by the Planning Board, to the Suffolk
County Planning Commission in accordance with the applicable provisions
of law.
§100-254. Procedure.
Presubmission conference. Prior to the submission of a site development
plan, the applicant or his agent shall meet with the Planning Board. The
purpose of such conference shall be to discuss proposed uses or
development in order to determine which of the site development plan
elements shall be submitted to the Planning Board in order for said Board
to determine conformity with the provisions and intent of this chapter.
Waiver of recruited information. U~on findings by the Plannin~ Board
that, due to special conditions ~eculiar to a site, certain of the
information normally recruited as part of the site plan is inappropriate
or unnecessary, or that strict compliance with said rec~uirements may
cause extraordinar~ and unnecessar~ hardships, the Board may var~ or
waive the ~rovision of such information, ~rovided that such variance of
waiver will not have detrimental effects on the public health, safety or
~eneral welfare, or have the effect of nullifyin~ the intent and purpose
XXV-3
of the site plan submission, Official Ma~, Master Plan, or this Zoning
Ordinance. (See following ~100-255 on Site Plan Elements.)
within six months following the pr.submission conference, nine copies of
the site development plan application and any related information shall
be submitted to the Planning Board which within 5 business days of
receipt of the application shall submit a co~y to the the Building
Inspector. Within 30 days of receipt of the a~lication, the Planning
Board shall determine whether said a~lication is complete. If the
Plannin~ Board determines said a~lication to be incomplete, it shall
forthwith notify the applicant and the Building Inspector, wherein said
application is deficient. If a site development ~lan a~lication is not
submitted within six months following a presubmission conference, another
conference may be required by the Planning Board.
If the Plannin~ Board determines said a~lication to be complete, it
shall within five business days of such determination, solicit comments
and reviews from the Building Inspector. The Planning Board shall also
send a copy of the application to solicit comments and review within 30
days of the date of referral from the Town Trustees, Town Engineer,
Superintendent of Highways, the Conservation Advisor~ Commission or other
municipal a~enc~ or district potentially affected by the proposed
development. A~plications for condominium development shall be forwarded
to the Suffolk County Plannin~ Commission for their review and response
within 30 days of the date of referral. If the County Planning
Commission makes a negative recommendation, a Town Plannin~ Board vote of
a majority ~lus one is rec~uired. It shall also notify the Town Clerk
that a complete a~lication is on file with the Planning Board.
If the Plannin~ Board determines that a ~ublic hearin~ is necessary, it
shall schedule and hold same within 45 days of date of submission.
Notice shall be ~iven at least five days ~rior to the dates of such
hearing by ~ublication in the official Town newspaper.
Within 45 days of the conclusion of the ~ublic hearing, or if none was
held, within 45 days of determinin~ that the a~lication was complete,
the Planning Board shall determine whether the site development plan
a~lication complies with the ~ur~oses and s~ecifications of the Cha~ter
and shall so inform the Building Inspector and Town Clerk and the
applicant, in writing, of its approval, its approval with modifications
to bring about compliance, or disaDproval. This 45 day period may be
extended by the Planning Board u~on the written consent of the applicant,
or as may be ~ermitted under the State Environmental Quality Review Act
as implemented by Chapter 44 of the Town Code. Failure to act within
said 45 days shall be deemed to be a~roval.
Ge
No application shall be deemed complete until either a negative
declaration has been made for the a~lication ~ursuant to the State
Environmental Quality Review Act (SEQRA) as implemented by Cha~ter 44 of
the Town Code, or if a positive declaration is made, until a draft
environmental impact statement has been acce~ted by the Planning Board as
satisfactor~ with respect to scope, content, and adec~uacy. Regardless of
Xxv-4
reasonable time shall be provided
the preparation of a final
the time rec~uirements of this section,
for compliance with SEQRA including
environmental impact statement.
Once approval has been granted by the Planning Board, one translucent
linen or mylar and six co?ies of the approved ~lan, on which all
conditions imposed by the Planning Board as ~art of its approval have
been clearly indicated, shall be forwarded to the Chairman ~or his/her
endorsement.
Amendments to a site development plan shall be acted upon in the same
manner as the approval of our original plan.
Approval of a site plan by the Planning Board shall be valid for a period
of 120 da~s for the ~ur~ose of obtaining a building ~ermit. Failure to
secure a building permit during this period shall cause the site plan
approval to become null and void. Once a building ~ermit has been
issued, an approved site development ~lan shall be valid for a ~eriod of
two years from the date of a~roval (o~ the ~lan). All work ~roposed on
the ~lan shall be complete within two ~ears from the date of approval
unless a longer period was a~proved or the applicant obtains an extension
from the Planning Board. No building ~ermit shall be issued before
approval of a site development ~lan by the Planning Board.
No regrading, clearing, tree removal or any other work in ~re~aration of
future use of a site may take ~lace until site ~lan a~roval has been
received from the Planning Board.
In the case of a variance application rec~uiring a site plan approval, the
site development plan application shall be subjected to a preliminary
review in accordance with the above ~rocedure before recommendations are
made by the Planning Board prior to action on said a~lications by the
Board of Appeals. Bullding ~ermits issued for variances shall be in
accordance wit~ the conditions established by the Board of A~peals.
A statement shall be ~laced on all site ~lans approved by the Planning
Board to the effect that the owner(s) agree(s) to com~ly with the ~lan
and all conditions noted thereon. The required site improvements (all
roads, ~aving and circulation, drainage, utilities, outdoor lighting,
recreation areas, garbage collection station, landscaping and screening
including planting and maintenance thereof for a minimum o~ one year and
a maximum of three years at the discretion of the Planning Board) which
are an integral ~art of the a~roved ~lan shall be $uaranteed b~ cash,
~erformance bond or other acceptable ~uarantee a~roved by the Town Board
and Town Attorney. In the event that a satisfactor~ ~uarantee is not
provided within 45 days of the date of the resolution of the Planning
Board approving the ~lan, said resolution shall be deemed null and void.
A cash ~uarantee can be for 50% of the improvements, but a bond or other
~uarantee shall be ~or 100% of the cost of the ~mprovements.
The said bond, surety or cash deposit shall be conditioned u~on the
property owner's or developer's completing the said work enumerated
XXV-5
herein and set forth on the approved site plan in a manner satisfactor~
to the Buildin~ Inspector; and upon the ~roper functionin~ of said
systems for a ~eriod of one year from their completion. In default
thereof, the said bond or deposit shall be forfeited and the Town shall
use the amount thereof to complete any incomplete portion of the said
work or to make sure repairs are undertaken as are necessar~ to assure
~roper functionin~ of said improvements; provided, however, that if any
amount of money remains after the Town has completed the said work, such
excess money will be returned to the surety or the person ~utting up the
recruited deposit. Said surety bond Or cash deposit may be reduced by
resolution of the Town Board u~on the certification of the Buildin~
Inspector that one or more particular items rec~uired by the Town Board
have been satisfactorily completed. Such reduction shall be in the ratio
that the completed item or items bear to the total estimated cost of the
rec~/ired improvements. The installation of all improvements shall be
under the direct supervision of a registered architect or ~rofessional
engineer.
To obtain a buildin~ permit, an a~licant shall ~rovide to the Buildin~
Inspector proof of Town Board acceptance of ~uarantee. No part of the
~uarantee shall be released until all rec~/irements of site ~lan approval
includin~ the construction of site improvements is completed, inspected
and approved by the Town.
The site develo~mnent improvements shall be fully completed in accordance
with the a~proved plan before any new buildin~ or structure shown on the
approved site plan is occupied or any existin$ buildin~ shown on the
approved site ~lan is occupied with a new use, ~ursuant to §100-284 on
Certificates of Occupancy, which indicates that no buildin~ shall be
occupied until a certificate of occupancy has been issued.
$100-255. Site plan elements.
A. Submission
A complete site ~lan a~plication shall consist of:
1. a complete site plan a~lication form,
2. site ~lan review fee, as specified in subsection B below.
an environmental assessment form, ~art one, for all Ty~e I actions,
or actions that may have a significant environmental impact. See
Southold Environmental Quality Review law.
4. site ~lan(s).
B. Fee
The site plan review and inspection fee is based on the area contained
within the site plan. Such fee shall be com~uted on the basis of $2.50
XXV-6
~er 1,000 s~uare feet of area within the site plan property limits or
$100, whichever is greater.
Site Plan
The applicant shall submit a site plan at a minimum scale of one inch
ec~/als 40 feet to be prepared by a New York State licensed Architect,
Landscape Architect, Civil Engineer or Surveyor. The site plan shall
include those of the elements listed herein which are appropriate to the
proposed development or uses as indicated by the Planning Board in the
presubmission conference. This information, in total, shall constitute
the site plan. Multiple sheets may be utilized to present the
information rec~/ired.
1. Legal data.
Lot, block and section number, if any, of the property taken
from the latest tax records.
b. Name and address of the owner of record.
Name and address of the person, firm or organization preparing
the map, sealed with the applicable New York State license seal
and signature.
d. Date, North point and written and graphic scale.
Property description shall be prepared by a licensed Surveyor
or Civil Engineer. The site ~lan may reference a land
surveyor's ma~ or base reference map. All distances shall be
in feet and hundredths of a foot. All angles shall be given to
the nearest 10 seconds or closer. The error of closure shall
not exceed one in 10,000.
fe
The locations, names and existing widths of adjacent streets
and curblines.
The location and owners of all adjoining lands, as shown on the
latest tax records, at a scale of one inch e~uals 100 feet
within 500 feet.
he
Location, width and purpose of all existing and proposed
easements, setbacks, reservations and areas dedicated to public
use within or adjoining the property.
A complete outline of existing easements, deed restrictions or
covenants applying to the property.
j. Existing zoning.
2. Natural features.
ao
Existing contours with intervals of two feet or less, referred
to mean sea level as ~er USGS.
be
Approximate boundaries of any areas subject
storm water overflows; tidal bays, ~onds,
freshwater bodies and wetlands and streams.
to flooding or
and marshes,
Location of existin~ natural features enumerated in subsection
D of S100-252, and any other significant existin~ natural
features such as rock outcrops and trees with a diameter of
eight inches or more measured three feet above the base of the
trunk.
do
Location of any existing cultural features enumerated in
subsection E of S100-252, and any other significant cultural
features.
3. Existing structures and utilities.
Outlines of all structures and location of all uses not
requiring structures.
he
Paved areas including ~arkin~ areas, sidewalks, and vehicular
access between the site and public streets.
Locations, dimensions, grades, and flow direction of any
existing culverts, water lines, sewer lines or sewage disposal
systems, as well as other underground and above ground utility
~oles and utility lines within and adjacent to the property.
dj
Other existing development features or structures, including
fences, landscaping and screening.
The location and use of all buildings and structures within 200
feet of the boundar~ of the subject property.
4. Proposed development.
The location of proposed buildings or structural improvements,
indicatin~ setbacks from all ~ro~erty lines and horizontal
distances from existin~ structures.
bo
The location and design of all uses not requiring structures,
such as off-street parking and loading areas and ~edestrian
circulation.
The location, direction, power and time of use for any proposed
outdoor lighting or public address systems.
dm
The location and plans for any outdoor signs which must be in
accordance with a~licable sign regulations.
XXV-8
Grading and drainage plans shall be based on a two inch
rainstorm retention; contours and spot grades and elevations to
be shown.
Landscaping, buffering and street tree plans including material
size, quantity and location. A list of plantings shall also be
shown.
g. Location of water and sewer mains, electrical service and
cablevision installations, location of water valves and hydrant
and/or any alternate means of water supply and sewage disposal
and treatment.
An indication that all storage areas for materials, vehicles,
supplies, products, or equipment shall be located in either a
side or rear yard and that such areas are adequately fenced or
screened.
If the site development plan indicates only a first stage, a
supplementary plan shall indicate ultimate development.
XXV-9
ARTICLE XXVI
S~ecial Exception Uses
S100-260. Purpose.
The ~rovisions of this article are desisned to provide for administrative
review of selected t~r~es of ~ro~osed land uses. Certain uses which are
allowable under zonin~ are nevertheless so likel~ to significantly affect
their surroundings that the~ rec~uire individual review to assure compatibility
with existin~ land use ~atterns, com~unit~ character and the natural
environment, before bein~ ~ermitted to come into existence. Similarly,
certain authorized uses may take on such diverse forms in their actual
implementation that it is wise to review and' ~ass u~on the adherence of each
individual ~roposal to standards and ~uidelines ~reviously established for the
use involved. Finally, the case-b~-case review achieved by use of the s~ecial
exception permit mechanism can increase the flexibility and a~pro~riateness of
local development review, and better enable local officials to avoid negative
consequences which sometimes arise from the otherwise lawful development or
use of a ~articular site.
S100-261. S~ecial exception uses.
There is hereby created a categor~ of land uses to be known as special
exception uses. Said uses may not be comenced, created, undertaken, carried
out or thereafter maintained or substantially expanded without a s~ecial
exception ~ermit first having been obtained therefor, whlch s~ecial exception
~ermit shall have been ~ranted for the use either b~ the Plannin~ Board or the
Town Board, accordin~ to the ~rovisions ~or the ~articular special exception
~ermit set forth in this article or elsewhere in the chapter. An~ land use,
includin~ the erection, construction, reconstruction, alteration, demolition,
moving, conversion or change of use of an~ structure, shall be a s~ecial
exception ~ermit use requiring a special exception ~ermit if the text of this
chapter, or the Use Schedule hereof, denotes the use of activit~ as being
either the subject of a special exception permit or simply a special exception
use. No buildin~ ~ermit for any such s~ecial exception use shall be issued
until the recruited s~ecial exception permit shall have been granted for the
same, and the conditions imposed in such permit as ~rerequisites to a building
permit, if there be any, have been met.
S100-262. Status of existing s~ecial ~ermit uses.
Special exception uses which either lawfully exist on the effective date of
this article, or which subsec~uentl~ come into bein~ ~ursuant to the ~rovisions
hereof, shall in all respects constitute lawful and conforming uses under this
cha~ter. With the exception of the rec~uirement in Section ~100-263 hereof, no
such use shall a~ain rec~uire the issuance of a special permit in order to be
maintained, o~erated, continued, enlarged or altered, and building permits may
be issued therefor, sub)ect only to ~rovisions of this cha~ter a~licable to
any such use in any such district.
XXVI-1
S100-263. Substantial expansion of existing s~ecial ~ermit use.
Notwithstandin$ any language to the contrar~ in the ~roceeding section, an
existln~ s~ecial exception ~ermit use as described therein shall require a
s~ecial exception ~ermit in any case where a~lication is made for a buildin~
~ermit to carr~ out a substantial expansion of such use, substantial expansion
to be defined as a 25% increase in area dedicated to this use. In such case,
the local a~ency havin~ jurisdiction over the s~ecial exception ~ermit needed
for the expansion shall review and decide u~on the a~lication for such ~ermit
~ursuant to the same substantive and ~rocedural standards as are ~rovided for
herein for an original s~ecial exception ~ermlt. Any special exception permit
issued to authorize a substantial ex~ansion of an existin~ s~ecial exception
~ermit use shall be conditioned u~on conformance by the use to any standards
(other than standards concernin~ initial site location) of S100-264, ~100-265
and $100-266 of this article with which it does not then
$100-264. Rules of conduct and ~rocedure for s~ecial exception ~ermits.
An application for a special exception permit shall be on the form for
same ~rovided by the Buildin~ Inspector, and shall be submitted in
triplicate, together with the fee of $75.00, to the Buildin~ Inspector
who shall review the a~lication for completeness and conformity with
this cha~ter. The Buildin~ Inspector shall reject the a~lication if it
is not complete or not in conformance, and shall notify the a~licant as
to the reason for such rejection. If the a~lication is satisfactory,
the applicant and the Buildin~ Inspector shall forward the applications
to the a~ro~riate board.
Prior to takin~ action on any s~ecial exception use, the Plannin~ Board
or the Town Board shall schedule and hold a ~blic hearin~ within 45 days
after determination that the a~lication is complete. Within 60 days
followin~ the close of the ~ublic hearing, the Board shall render a
decision on the a~lication.
C. Referral to the County Planning Commission:
Matters to be referred. Any a~lications for s~ecial exception use
which would affect any ~ro~erty lyin~ within one mile of an air~ort,
or within a distance of 500 feet of the following shall be referred
to the Suffolk County Plannin~ Commission ~rior to final action for
their recomm%endation within 30 days:
a. The boundar~ of any other municipality.
The boundar~ of any existin~ or ~ro~osed county or state ~ark
or other recreation area.
The right-of-way of any existin~ or ~ro~osed county or state
road, ~arkway, or other controlled access highway.
XXVI-2
De
The existing or ~ro~osed right-of-way of any stream or drainage
channel owned by the county for which the county has
established channel lines.
The existing or ~ro~osed boundary of any county, state or
federally-owned land.
Long Island Sound, any bay in Suffolk County or estuar~ of any
of the fore~oin~ bodies of water.
2. County Plannin~ Comx~ission recommendation. If the Suffolk County
Plannin~ Commission fails to re~ort its recommendations within 30
days after receipt of a full statement of such referred material,
the Plannin~ Board or Town Board shall construe such inaction as
approval of the proposed s~ecial exception and may act without such
a re~ort.
Effect of negative re~ort. If the Suffolk County Plannin~
Commission disapproves the ~ro~osed s~ecial exception, or recommends
modification thereof, the ~ro~osed s~ecial exception shall not
become effective except by a vote of a majority ~lus one of all
m-mb.rs of the Town Board and after the adoption of a resolution
fully settin~ forth the reasons for such action.
Effect of ~ermit. A s~ecial exception ~ermit issued in accordance with
the ~rovisions of this article shall authorize only the s~ecial exception
use for which the ~ermit is ~ranted. No use which is not a s~ecial
exception use hereunder shall be authorized by any such ~ermit. The
~ermit may include any number of reasonable conditions which the issuin~
local a~ency determines to be necessar~ or a~ro~riate to insure that the
a~licable ~eneral and s~ecific standards and safeguards set forth in
this article for the use can and will 'be met and/or adhered to. A
s~ecial exception ~ermit shall be valid for a ~eriod of six months, but
may be extended for one additional six-month ~eriod by the issuing agency
without the requirement of new ~ublic notice or hearing. A continuin~ or
~ermanent land use authorized by a s~ecial exception ~ermit which use is
undertaken or begun durin~ the ~eriod of validity of such ~ermit shall
thereafter be deemed a lawful use, as if the same were ~ermitted by this
cha~ter without need for a s~ecial exception ~ermit; ~rovided however,
that:
All conditions /m~osed by the s~ecial exception ~ermit, unless by
their ex~ress terms of limited duration, shall continue to apply.
2o
All conditions imposed on s~ecial exception ~ermit uses ~enerally or
s~ecifically by this cha~ter shall continue to apply, regardless of
whether any such conditions was expressly incorporated into the
s~ecial exception ~ermit issued.
The board which issued the s~ecial exception ~ermit shall retain
continuing ~urisdiction over the same.
XXVI-3
The rec~uirements of ~100-263 concerning substantial expansion shall
apply.
Administration of special exception permits. Except in cases where the
responsibility for issuance of a particular special exception permit is
~iven to the Town Board, the Plannin~ Board shall have exclusive
~urisdiction over all special exception permits created in this chapter,
and shall have the sole and complete responsibility for the issuance of
same in conformity with all applicable regulations herein.
Violations of conditions. A violation of any limitation or condition of
a special exception permit, or of any provision of this chapter
applicable to a special exception permit use, shall constitute a
violation of this chapter. In addition, for a period of three years
after the date of issuance, the local agency which issued any special
exception permit shall retain ~urisdiction, and shall have during such
period the right to modify, suspend or revoke the permit it has ~iven, or
any term or condition thereof, or to impose thereon one or more new
conditions, all on the following srounds:
1. False statements or mistake of material fact. Materially false or
inaccurate statements in the application, supporting papers or
supporting testimony, or i~norance or misunderstanding of a material
fact by the board, which fact, had it been known to the board at the
time of its review, would have resulted in a denial of the approval
sought.
Non-compliance with ~ermit. Failure of the applicant-permitee to
comply with any conditions or terms of the approval.
Activity beyond ~ermit. Exceeding the scope of the activity use or
pro~ect as the same was described in the application.
~100-265. General standards.
No special exception permit shall be ~ranted unless the issuing board shall
specifically find and determine the following:
That the use will not prevent the orderly and reasonable use of adjacent
properties or of properties in adjacent use districts.
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.
That the safety, the health, the welfare, the comfort, the convenience or
the order of the Town will not be adversely affected by the proposed use
and its location.
That the use will be in harmony with and promote the general purposes and
intent of this chapter.
XXVI-4
That the use will be compatible with its surroundings and with the
character of the neighborhood and of the community in general,
particularl~ with regard to visibility, scale and overall appearance.
Fe
That all proposed structures, ec~uipment and material shall be readily
accessible for fire and police protection.
S100-266. Additional standards.
In making such determination, the Planning Board or Town Board shall also give
consideration, among other things, to:
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.
The conservation of property values and the encouragement of the most
appropriate uses of land.
Co
The effect that the location of the proposed use and the location of
entrances and exits may have upon the creation or undue increase of
vehicular traffic congestion on public steers, highways, or sidewalks to
assure the ~ublic safety.
The availability of adequate and proper public or private water supply
and facilities for the treatment, removal or discharge of sewage, refuse
or other effluent (whether liquid, solid, gaseous or otherwise) that may
be caused or created by or as a result of the use.
Whether the use or the materials incidental thereto or produced thereby
may give off obnoxious gases, odors, smoke or soot.
Whether the use will cause disturbing emissions of electrical discharges,
dust, light, vibration or noise.
Whether the operation in pursuance of the use will cause undue
interference with the orderly enjoyment by the public of parking or of
recreational facilities, if existing or if proposed by the Town or by
other competent governmental agencies.
The necessity for bituminous-surfaced space for purposes of off-street
parking of vehicles incidental to the use, and whether such space is
reasonably adequate and appropriate and can be furnished by the owner of
the plot sought to be used within or adjacent to the plot wherein the use
shall be located.
Whether a hazard to life, limb or property because of fire, flood,
erosion or panic may be created by reason of or as a result of the use,
or by the structures to be used therefor, or by the inaccessibility of
the property or structures thereon for the convenient entry and operation
of fire and other emergency apparatus, or by the undue concentration or
assemblage of persons upon such plot.
XXVI-5
K.
L.
M.
N.
Whether the use or the structures to be used therefor will cause an
overcrowding of land or undue concentration of population.
Whether the plot area is sufficient, appropriate and adequate for the use
and the reasonably anticipated operation and expansion thereof.
Whether the use to be operated is unreasonably near to a church, school,
theater, recreational areas or other place of public assembly.
whether the site of the proposed use is particularly suitable for
location of such a use in the Town.
whether adequate buffer yards and screenin~ can an~ will be provided to
protect adjacent properties and land uses from possible detrimental
impacts of the proposed use.
whether adec~uate provision can and will be made for the collection and
disposal of storm water runoff, sewage, refuse, and other lic~uid, solid
or ~aseous waste which the proposed use will ~enerate.
P. Whether the natural characteristics of the site are such that the
proposed use may be introduced there without undue disturbance or
disruption of important natural features, systems or processes, and
without risk of ~ollution to ~roundwater and surface waters on and off
the site.
S100-267. Additional conditions and safeguards.
In deciding on any permit applications for special exception use, the Plannin~
Board or Town Board may impose such conditions and safeguards as it deems
necessary or appropriate to preserve and protect the spirit and the objectives
of this chapter.
XXVI-6
ARTICLE XXVII
Board of Appeals
~100-270. Appointment; membership.
The Town Board shall appoint a Board of Appeals consisting of five members, as
provided by the Town Law.
~100-271. Powers and duties.
In addition to such powers as may be conferred upon it by law,
Appeals shall have the following powers:
A.
the Board of
Appeals. To hear and decide appeals from and review any order,
requirement, decision or determination made by the Building Inspector.
B. Variances.
The Board of Appeals may authorize, upon appeal in specific cases,
such variance from the terms of this chapter as will not be contrar~
to the ~ublic interest where, owin~ to exceptional and extraordinar~
circumstances, there are practical difficulties or unnecessary
hardships in the way of carrying out of the strict letter of this
chapter, sub)ect to terms and conditions to be fixed by the Board;
provided, however, that no such variance shall be 9ranted unless the
Board finds:
That there are physical conditions, fully described in the
findings of the Board, a~plyin~ to the land or buildings for
which the variance is sought, which conditions are ~eculiar to
such land or building, and have not resulted from any act of
the applicant or any predecessor in title; and
bo
That, for reasons fully set forth in the findings of the Board,
the aforesaid circumstances or conditions are such that the
strict a~lication of the provisions of the chapter would
de,rive the applicant of the reasonable use of such land or
building and the granting of the variance is necessary for the
reasonable use of the land or building, and that the variance
as 9ranted by the Board of A~peals is the minimum variance that
will accom~01ish this purpose; and
That the ~ranting of the variance under such conditions as the
Board of A~eals may deem necessary or desirable to apply
thereto will be in harmon~ with the general purpose, s~irit and
intent of this chapter, will not represent a radical departure
therefrom, will not be in)urious to the neighborhood, will not
change the character thereof and will not be otherwise
detrimental to the ~ublic welfare or ~ublic safety.
XXVII-1
The needs or desires of a ~articular owner or tenant or of a
particular prospective owner or tenant shall not, either alone or in
con~unction with other factors, afford any basis for the granting of
a variance. The fact that the improvements already existing at the
time of the a~lication are old, obsolete, outmoded or in disrepair
or the fact that the ~roperty is then unimproved shall not be deemed
to make the plight of the property unique or to contribute thereto.
Where the Board finds the zoning classification of a particular
property to be conducive to the deprivation of the reasonable use of
the land or buildin~ by the owner thereof, and where the Board deems
the same condition to ap~ly generally to other land or buildings in
the same neighborhood or district, the said Board may call this
condition to the attention of the Town Board.
4. In all cases where the Board of Appeals ~rants a variance from the
strict application of the requirements of this chapter, it shall be
the duty of such Board to attach conditions and safeguards as may be
required in order that the result of its action may be as nearl~ as
possible in accordance with the s~irit~ and intent of this chapter.
Interpretations. On appeal from an order, decision or determination an
administrative officer, or on request of any town officer, board or
agency to decide any of the following:
Determine the meaning of any provision in this chapter, or of any
condition or requirement specified or made under the provisions of
this chapter.
Determine the exact location of any district boundary shown on the
Zoning Map.
Determine the possible adverse effect on the surrounding ares of any
proposed manufacturin~ uses in the Light Industrial Park/Office Park
and Light Industrial Districts.
Da
Nonconforming uses. The Board of Appeals shall review any request for
change of a nonconforming use to a similar or more restrictive use.
§100-272. Additional conditions and safeguards.
In deciding any matter before it, the Board of Appeals may impose such
conditions and safeguards as it deems necessary or appropriate to preserve and
protect the spirit and the objectives of this chapter.
9100-273. Rules of conduct and procedure.
ae
The Zonin~ Board shall review all applications to it for completeness and
payment of fee.
XXVII-2
After the Zonin~ Board determines that an a~plication for an appeal, a
variance or an interpretation is complete, the Board shall schedule a
~ublic hearin~ within 45 days o2 the determination of completeness.
The notice of which hearing and of the substance of the appeal or
application shall be ~iven by ~ublication in the official newspaper of
the Town at least 10 days before the date of such hearing.
D. Referral to the County Planning Commission:
Any application for a variance which would a~ply to real property
lying within the areas specified in subsection C(1) of S100-264
shall be referred to the Suffolk County Planning Commission.
Effect of County Planning Comiss~on failure to make recomzlendation
on a variance application as specified in subsection C(2) of
~100-264.
Effect of negative report of the Suffolk County Planning Co~mlission
on a variance application as specified in subsection C(3) of
9100-264.
At least 30 days before the date of any public hearing, the Secretar~ of
the Board of Appeals shall transmit to the Secretary of the Plannin~
Board a copy of any appeal or application, together with a copy of the
notice of such hearing. The Plannin~ Board may submit to the Board oz
Appeals an advisor~ opinion on said appeal or application at least 48
hours ~rior to the hearing.
The Board of A~peals shall decide u~on the appeal or variance within 60
days following the close of the ~ublic hearin$.
Unless work is commenced and dili~entl~ executed within one year of the
date o~ the ~ranting of a variance or s~ecial permit, such variance or
s~ecial permit shall become null and void.
Use variances granted by the Board shall be deemed non-conformin$ uses.
Building variances ~ranted by the Board shall be deemed non-conforming
structures.
Decisions of the Board of Appeals shall be reported to the applicant, the
Buildin~ Inspector and the Plannin~ Board.
S100-274. Application.
Every application to the Zonin~ Board of Appeals shall contain the followin9
information, and be accompanied by the rec~/ired fee of $75:
A. Reason for application.
B. Nature of the hardship or difficulty.
XXVII-3
C. Location of the ~roperty.
D. Current applicable zonin~ category.
E. Copy of "notice to adjoining property owners" and set of certified mail
receipts.
Completed Environmental Assessment Form.
Town "wet!aDa~ letter" available from Zoning Board secretary, i~ ~roperty
appears to be within 300 feet of tidal wetlands.
Four co~ies of an u~dated survey of the property certified by a licensed
surveyor showing the proposed and existing structures and the actual
s({uare footage of the lot (s). (Two additional co~ies if property is
being subdivided into more than two lots or if a waterfront ~roperty is
included.)
I. Copy of building plan~ and sc~uare footage of new and existing structures.
J. Notice of Disapproval from the Building Inspector.
K. Copy of current Certificate of Occu~anc~ (CO) or statement of Building
Inspector indicatin~ reasons for not bein~ able to issue CO.
L. Copy of pl~,~n~ Board a~roval(s) or status of pending application, if
an~.
M. Copy of New York State Department of Enviromental Conservation approvals
or status of pending application, where applicable.
Copy of Town Trustees a~rovals or ~ermits or other status, if relevant
application is pending, where applicable.
O. Copy of Health Department approvals.
~100-275. Notice of hearing.
In all cases where the Board of Appeals is required to hold a public
hearing, in addition to the notice of such hearing required by law, a
written notice containing the following information shall be sent by the
person petitioning such Board, or his agent, by either certified or
registered mail, to every owner of property i=~ediately 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 days preceding the filing of the petition in the
Town Clerk's office. Proof of mailing of such notices in the form of a
XXVII-4
sworn statement shall be filed with the Town Clerk at the time of filing
of the petition. Such notice shall contain the following information:
A statement that the petitioner proposes to apply to the Board of
Appeals of the Town of $outhold for an appeal, variance, or other
specified relief, as the case may be.
A description sufficient to identify the property which is the
subject of the petition.
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.
A statement that within five days such petition will be filed in the
Southold Town Clerk's office, Main Road, Southold, New York, and may
then be examined during regular office hours.
A statement that a public hearing with respect to such petition must
be held by the Board of Appeals of the Town of Southold before the
relief sought can be granted; that the person to whom the notice is
addressed, or his representative, has the 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 days
prior to such public heaing.
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.
Failure to comply with the provisions of this notice shall not affect the
validity of any action taken by the Board of Appeals.
XXVII-5
ARTICLE XXVIII
Administration and Enforcement
S100-280. Administrative and enforcing officer.
It shall be the duty of the Building Inspector and such deputies and
assistants as may be appointed by the Town Board to administer and
enforce the provisions of this chapter and of all rules, conditions and
rec~uirements adopted or s~ecific ~ursuant thereto.
The Building Inspector and/or his assistant and deputy building
inspectors shall have such right to enter and inspect buildings,
structures or pr~m~ses and to enter upon any land, and at any reasonable
hour in the course of their duties and to perform other acts necessary
for the enforcement of this chapter as is conferred upon them by land.
He shall maintain files of all a~lications for building ~ermits and
~lans submitted therewith and for certificates of occupancy and records
of all buildin~ ~ermits and certificates of occupancy issued by him,
which files and records shall be o~en to ~ublic inspection and to ~erform
other acts necessar~ for the enforcement of this cha~ter as is conferred
u~on them by law.
Co
Said Building Inspector shall kee~ a record of ever~ identifiable
complaint of a violation of any of the ~rovisions of this cha~ter, and of
the action taken consequent on each such complaint, which records shall
be ~ublic records. He shall re~ort to the Town Board, at intervals of
not ~reater than three months, summarizin~ for the ~eriod since his
~revious re~ort all buildin~ ~ermits and certificates of occupancy issued
by him and all complaints of violations and the action taken by him
consec~uent thereon.
The Buildin~ Inspector shall make the necessar~ inspections for the
purpose of ascertainin~ whether or not existing conditions com~ly with
the ~rovisions of this cha~ter and shall re~ort alleged violations of
this local law to the Plannin~ Board for review. After reviewin~ with
the Plannin~ Board, the Buildin~ Inspector shall, where it is determined
a violation exists, issue an "Order to Remed~ Violation." Said order
shall set forth the violation and a date by which the violation shall be
corrected or remedied, as determined by the Buildin~ Inspector after
consultation with the Plannin~ Board.
Eo
At the rec~est of the Town Board, the Buildin~ Inspector shall inspect
any premises for the purl~ose of ascertainin~ whether or not existin~
conditions com~ly with the ~rovisions of this cha~ter and re~ort, in
writing, to said Board the results of his findings.
At the rec~est of the Planning Board, the Building Inspector shall review
site ~lan a~lications for com~liance with this cha~ter and rec~uirements
established in the ~resubmission conference.
XXVIII-1
S100-281. Building permits.
No building in any district shall be erected, reconstructed, restored or
structurally altered without a building permit duly issued upon application to
the Building Inspector. No building permit shall be issued unless the
proposed construction or use is in full conformity with all the provisions of
this chapter and the provisions of all other applicable laws, ordinances,
rules and regulations. Any building permit issued in violation of the
provisions of this chapter shall be null and void and of no effect without the
necessity for any proceedings, revocations or nullification thereof; and any
work undertaken or use established pursuant to the issuance of a permit in
violation of the provisions of this chapter shall be unlawful.
ao
Applications. Every application for a building permit shall contain the
following information and be accompanied by the required fee and a plot
plan drawn to scale and signed by the person responsible for each
drawing. If no such plot plan is available, a survey is required,
prepared by a licensed engineer or land surveyor.
If the Building Inspector deems it necessary that plans and
specifications be examined to ascertain if the proposed building will
comply with applicable building construction, housing and fire codes, he
may require that plans and specifications be filed with the building
permit application.
The actual shape, dimensions, radii, angles and area of the lot on
which the building is proposed to be erected, or of the lot on which
it is situated if an existing building, except in the case of the
alterations of a buildin~ which do not affect the exterior thereof.
2o
The block and lot numbers, if any, as they appear on the latest tax
records.
The exact size and locations on the lot of the proposed building or
buildings or structural alteration of an existing building and of
other existing buildings on the same lot.
The dimensions of all yards in relation to the subject building, and
the distances between such building and any other existing buildings
on the same lot and adjacent lot.
The existing and intended use of all buildings, existing or
proposed, the use of land and the number of dwelling units the
building is designed to accomxaodate; and the necessar~ computations
to establish conformity to the bulk and density regulations.
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.
XXVIII-2
Eo
No building permit shall be issued for the construction or alteration of
any building upon a lot without frontage u~on or legal ~ermanent access
to a ~ublic street or highway as provided by §280-a of the Town Law.
NO building permit shall be issued for any building where the site plan
of such building is subject to approval by the Planning Board, except in
conformity with the plans approved by the said Board.
NO building permit shall be issued for a building in any district where
such use is permitted by special exception permit of the Planning Board
or Town Board, unless and until such approval has been duly granted by
such Board.
No building permit shall be issued for any building until approval has
been received from the Suffolk County Health Department for the proposed
water supply and sewage disposal system.
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 copy of all filed documents to the applicant.
The Building Inspector shall, within ten business days after the filing
of a complete and properly prepared application, either issue or deny a
building permit. If a building permit is denied, the Building Inspector
shall state in writing to the applicant the reasons for such denial and
the section of the cha~ter that would be violated.
Every building permit shall expire if the work authorized has not
commenced within 12 months after the date of issuance, or has not been
completed within 24 months from such date. If no zoning amendments or
other Town regulations affecting the property have been enacted in the
interim, the Building Inspector may authorize, in writing, the extension
of the permit for an additional six months. Thereafter, a new permit
shall be required.
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. The following fees shall be paid upon the filing of an
application with the Building Inspector for a building permit, which fees
shall be paid into the general fund if the application is approved, or
returned to the applicant if the application is denied:
1. Single-family dwellings:
XXVIII-3
New dwellings and additions to existing dwellings: $50. plus
$0.10 for each square foot of floor area in excess of 850
square feet.
bo
Accessory buildings and additions and alterations to existing
accessory buildings: $25. plus $0.10 for each square foot of
floor area in excess of 500 square feet.
Farm buildings and additions and alterations to existing farm
buildings: $25. for each building.
Hotel, motel, multiple dwellings and business, industrial and all
other buildings:
New buildings and additions and alterations to existing
buildings: $100. plus $0.10 for each square foot of floor area
in excess of 1,000 square feet.
bo
Accessory buildings and additions and alterations to existing
accessory buildings: $25. plus $0.10 for each square foot of
floor area in excess of 500 square feet.
4. Foundations constructed under existing buildings: $30.
Ail other structures (i.e., fences, pools, etc.) and additions and
alterations to such structures: $25.
Signs. The fee for all signs, except signs permitted by subsection
(C) (9)(A) of S100-131, shall be $0.25 for each square foot of sign
area, with a minimum fee of $5.
7. Demolition and/or removal and/or relocation of any building: $100.
S100-282. Revocation of permit.
The Building Inspector may revoke a building permit theretofore issued and
approved in the following instances:.
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.
Where he finds that the building permit was issued in error and should
not have been issued in accordance with the applicable law.
Co
Where he finds that the work performed under the permit is not being
prosecuted in accordance with the provisions of the application, plans or
specifications.
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.
XXVIII-4
$100-283. Stop orders.
Whenever the Building Inspector has reasonable grounds to believe that work on
any building or structure is being prosecuted in violation of the provisions
of the applicable law, ordinances or regulations, or not in conformity with
the provisions of an application, plans or specifications on the basis of
which a building permit was issued, or in an unsafe and dangerous manner, he
shall notify the owner of the property, or the owner's agent or the person
performing the work, to suspend all 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 mail.
$100-284. Certificates of occupancy.
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, to wit:
Occupancy and use of a building erected, reconstructed, restored,
structually 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.
No certificate of occupancy shall be issued for the use of a building or
lands requiring a special exception permit by the Plannin~ Board or Town
Board, 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 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.
Application for a certificate of occupancy on a form furnished by the
Buildin~ Inspector for a new building or for an existing building which
has been altered shall be made after the erection of such building or
part thereof has been completed in conformity with the provisions of this
chapter, and, in the case of a new building, shall be accompanied by an
accurate plot plan, or if not available, by a survey prepared by a
licensed land surveyor or engineer, showing the location of the building
as built. Such certificate shall be issued within ten 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.
XXVIII-5
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 days after receipt
of a properly completed application. If a certificate of occupancy is
denied, the Building Inspector shall state the reasons therefor in
writing to the applicant.
Every application for a certificate of occupancy or a temporary
certificate of occupancy shall be accompanied by a fee of $5. Copies of
such certificate will be issued upon payment of $1. per copy.
A certificate of occupancy shall be deemed to authorize and is required
for both initial occupancy and use of the building or land to which it
applies.
Upon written request and upon payment of a fee of $15, the Building
Inspector shall, after inspection, issue a certificate of occupancy for
any building or use thereof or of land existing at the time of the
adoption of this chapter, certifying such use and whether or not the same
and the building conform to the provisions of this chapter.
A record of all certificates of occupancy shall be kept in the office of
the Building Inspector, and copies shall be furnished on request to any
agency of the Town or to any persons having an interest in the building
or land affected.
S100-285. Violations and penalties for offenses.
For every offense against any of the provisions of this chapter or any
regulations made pursuant thereto, or failure to comply with a written
notice or order of any Building Inspector, after the fifth day following'
written notice, service by mail or by ~ersonal service by the Building
Inspector to the effect that a violation of any ~rovisions of this
cha~ter exists, the owner, occupant, builder, architect, contractor or
their agents or any other person who co~mits, takes part or assists in
the co~m~ission of any such offense or who maintains any building or
~remises in which any such violation shall exist, shall, upon a first
conviction thereof, be guilty of a violation punishable by a fine not
exceeding $500 or imprisonment for a period not to exceed 15 days, or
both. Each day on which such violation shall occur shall constitute a
separate, additional offense. For a second and subsequent conviction
within 18 months thereafter, such person shall be guilty of a violation
punishable by a fine not exceeding $1,500, or imprisonment for a period
not to exceed 15 days, or both such fine and imprisonment.
B. Penalties shall be collected and violations of this cha~ter shall be
~rosecuted in the manner prescribed by law or ordinance effective in the
Town of Southold. Nothin~ in this cha~ter shall ~revent any property
owner or resident of the Town, the Town itself, any board or agenc~ of
the Town or any person residin~ on or owning property outside the Town
XXVIII-6
from availing themselves of any lawful remedy in ~reventing or abatin~
an~ violation of an~ ~rovislon of this cha~ter.
§100-286. Remedies.
In case any building or structure is erected, constructed, reconstructed,
altered, repaired, converted or maintained, or any building, structure or land
is used, in violation of this chapter or of any regulations made pursuant
thereto, in addition to other remedies provided by law, any appropriate action
or proceeding, whether by legal process or otherwise, may be instituted or
taken to prevent such unlawful erection, construction, reconstruction,
alteration, repair, conversion, maintenance or use, or to restrain, correct or
abate such violation, or to prevent the occupancy of said building, structure
or land, or to prevent any illegal act, conduct, business or use in or about
such premises.
XXVIII-7
ARTICLE XXIX
Amendments
$100-290. Purpose.
To ~rovide a means for amending, supplementing or re~ealing sections of the
zonin~ ordinance or changin~ the Zonin~ Ma~ consistent with the aims of the
master ~lan of the Town.
S100-291. Procedures.
The Town Board, upon its own motion or by petition, may, from time-to-time,
amend, supplement, change, modify or repeal this chapter, including the Zoning
Map, by proceeding in the following manner:
The Town Board, by resolution adopted at a stated meeting, shall fix the
time and place of a public hearing on the proposed amendment and cause
notice thereof to be given pursuant to the provisions of the Town Law.
The Town Board, before advertising for a public hearing, shall, in a
written request, instruct the Town Planning Board to prepare an official
report defining the conditions described in a petition and to determine
the area so affected, with its recomx~endations.
The Town Board shall not take action on any such amendment without a
recom~endation from the Plannin~ Board unless the Plannin~ Board fails to
render such re~ort within 45 days after the next regularly scheduled
meetin~ of such Board followin$ the time of such referral.
Re~ort of Planning Board. In makin~ such re~ort on a ~ro~osed amendment,
the Plarmin~ Board shall make inc~uir~ and determination concerning the
items s~ecified below:
1. Concernin~ a ~ro~osed amendment to or chan~e in text:
Whether such chan~e is consistent with the aims and principles
embodied in the cha~ter as to the ~articular districts
concerned.
be
Which areas and establishments in the Town will be directly
affected by such chan~e and in what way they will be affected.
The indirect implications of such chan~e in its effect on other
re~lations.
de
Whether such ~ro~osed amendment is consistent with the aims of
the master ~lan of the Town.
Concernin~ a ~ro~osed amendment involving a change in the Zonin~
XXIX-1
Whether the uses permitted by the proposed chan~e would be
appropriate in the area concerned.
Whether adec~uate public school facilities and other public
services includin~ utilities exist or can be created to serve
the needs of an~ additional residence likely to be constructed
as a result of such chan~e.
Whether the proposed chan~e is in accord with any existin~ or
proposed plans in the vicinity.
The effect of the proposed amendment upon the ~rowth of the
Town as envisaged by the master plan.
Whether the proposed amendment is likely to result in an
increase or decrease in the total zoned residential capacity of
the Town and the probable effect thereof.
Whether the proposed chan~e is likely to ne~ativel~ impact the
~roundwater supply.
E. Referral to the Co%%nt~ Plannin~ Commission.
Any chan~e in the district classification of, or the regulations
applying to, real property lying within an area as specified in
subsection C(1) of $100-264 shall be referred to the Suffolk County
Plannin~ Co~ission.
Effect of Count~ Plannin~ Co~ission failure to make recommendation
as s~ecified in subsection C(2) of S100-264.
Effect of negative re~ort of the Suffolk County Plannin~ Commission
on a proposed amendment as s~ecified in subsection C(3) of S100-264.
F. Referral to ad)acent municipality.
1. Should any proposed amendment consist of or include:
An~ chan~e in the boundaries of any district, which chan~e
would occur within a distance of 500 feet of the boundar~ of
any other municipality;
Any chan~e in the regulations ~rescribed for any district, any
portion of which is located within 500 feet of such boundaries;
the Town Clerk shall transmit to the municipal clerk of such other
municipality a copy of the official notice of the public hearin~
thereon not later than the day after such notice a~pears in the
official newspaper of the Town.
S100-292. Fees.
XXIX-2
Every petition for a change or amendment to this chapter or the Zoning Map
shall be filed with the Town Clerk and shall be accompanied by a fee of
$500.00.
S100~293. Notice of proposed change of zone classification.
Am
In the case of a petition requesting a change in zoning district
classification, in addition to the notice required by law, a written
notice containing the following information shall be sent by the
petitioner, or his agent, by either certified or registered mail, to
every owner of property immediately adjacent thereto including across the
street therefrom. In the event that any petitioner owns or has any
interest in any property immediately adjacent to the property proposed to
be changed in zoning district classification, then written notice shall
also be given to the owners of the property adjacent to or across the
street from 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 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 information:
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.
The present zone district classification of the property and the
proposed zone district classification.
A statement that within five 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.
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 10 days prior to such public
hearing.
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.
Failure to comply with the provisions of this section shall not affect
the validity of any action with respect to such petition.
XXIX-3
ARTICLE XXX
Se~arability
§100-300. Separability.
Should any section or ~rovision of this cha~ter be decided by the courts to be
unconstitutional or invalid, such decision shall not affect the validity of
the cha~ter as a whole or any ~art thereof other than the ~art so decided to
be unconstitutional or invalid.
XXX-1
ARTICLE XXXI
Effective Date
S100-310. Effective date.
This chapter shall be effective imm~ediatel~ upon its bein~ adopted by the Town
Board of the Town of Southold and published pursuant to the provisions of the
Town Law.
XXXI-1