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HomeMy WebLinkAbout06/07/1965 .-Des- d s. a BUILDING ZONE ORDINANCE TOWN OF SOUTHOLD SUFFOLK COUNTY NEW YORK F= . BUILDING ZONE ORDINANCE Town Of Southold Suffolk County, New York An ordinance classifying, regulating and restricting the height, number of stories, size of buildings and other structures, the percentage of lot that may be occupied, the size of yards and oither open spaces, the density of population, the location and use of buildings, structures and land for trade, industrv, residence and other purposes, (provided that such regulations shall apply to and affect only such part of the town outside the limits of any incorporated village), establishing the boundaries of districts for said pur- poses so as to promote the health, safety, morals and general welfare of the Town of Southold with reasonable consideration, among other things to the most desirable use for which the land of each district may be adapted, the peculiar suitability for particular use of a district, the conservation of prop- erty values and the direction of building development in accordance with a well considered plan and also to establish penalties for violation of these regulations as prescribed by the statutes. TABLE OF CONTENTS Short Title Section ARTICLE I Definitions . ...... .. .. . . .... .. .. .. .. .. .. . ... .... 100 ARTICLE Il Districts .. .... .. ... .... . 200 ARTICLE III "A" Residential and Agricultural District . .. .. .. . 300 ARTICLE IIIA "M" Multiple Residence District .. . .. .... .. .. .. . 350 ARTICLE IIIB "M 1" Multiple Residence District . .. .. .. .. . ... . 370 ARTICLE IV "B" Business District . .. .. . . .. .. .. .... .. .... .... 400 ARTICLE IVA "B-1" Business District. .. .. . . . . .. .. .. .. .... .. . . . 420 ARTICLE IVB "B-2" Business District . .... .. .. . ... .. .. .. .. .... . 440 ARTICLE V "C" Industrial District . .. .. .. . . . . .. .. .. .. .. .. .. . 500 ARTICLE VI Tourist Camps, Camp Cottages and Trailers . .. .. . 600 ARTICLE VII Applications and Permits . ........ .... ...... .... . 700 ARTICLE VIII Board of Appeals . .. .. ...... .. .. .. .. ..... .. ..... 800 ARTICLE 'IX Amendments . .. .... .. .. .. .... . ... .. . . ......... 900 ARTICLE X General Provisions . .... . . . . .. .. .. . ........ .. ...1000 WHEREAS, all the matters and things required to be done by the Town Law of the State of New York in order that the Town Board of the Town of Southold, Suffolk County, State of New York, may avail itself of the powers conferred by said law have been duly complied with. NOW THEREFORE, the Town Board of the Town of Southold, Suf- folk County, State of New York, by virtue of the authority in it by law invested hereby ordains and enacts the following ordinance. SECTION 1—This ordinance shall be known and may be cited as "The Building Zone Ordinance of the Town of Southold, Suffolk County, New York." ARTICLE I 11—GARAGE-PUBLIC—A building )luding any writing, letter, figure, , SECTION 100—Definitions—For the other than a private garage, used for symbol or mark painted upon or-in- purpose of this Ordinance, certain housing or care of gasoline or other corporated in the exterior surface of a terms and words are, herewith, defined power driven vehicles, or where such building or structure. as follows: vehicles are equipped for operation,re- 20—STORY — That portion of a Words used in the present tense in- paired or kept for remuneration, hire building included between the surface clude the future, the singular number or sale. of any floor and the surface of the includes the plural and the plural the 12—HOTEIr—A building occupied as floor next above it or if there be no singular, the word "building" includes the more or less temporary abiding floor above it, then the space between the word "structure", the word "lot" place of individuals who are lodging it and the ceiling next above it. includes the word "plot" and the word with or without meals and in which 21—STORY-HALF—A story under a "shall" is mandatory and not directory. there are more than ten (10) rooms gable, hip or gambrel roof, the wall 1 — ACCESSORY BUILDING — A usually occupied singly and no pro- plates of which, on at least two (2) building, subordinate to the main build- vision made for cooking in any in- opposite exterior walls, are not more ing on a lot and used for purposes dividual apartment. than two (2) feet above the finished customarily incidental to those of the 12A — AUTOMOBILE WRECKING floor of such story. main building. AND ALL OTHER JUNK YARDS— 22—STRUCTURE — Anything con- 2—AN ACRE — An acre as applic- Land occupied or to be occupied for strutted or erected, the use of which able to this Ordinance shall refer to the storage of old wood, paper, cloth requires a more or less permanent lo- the land exclusive of street areas. or metal, including old automobiles, cation on the soil, or attached to some- 3 — BOARDING AND TOURIST trucks, equipment, machinery, fixtures thing having a permanent location on HOUSES—A building other than a and appliances not usable as originally the soil. hotel where lodging, with or without designed; and also including any poi- 23—STRUCTURAL ALTERATIONS— meals, for five or more persons is tions of such old automobile trucks, Any change in the supporting members furnished for compensation. equipment or machinery as are or may of a building, such as bearing walls, 4—BUILDING — A structure having be sold as and for junk or salvage. columns, beams or girders. a roof supported by walls and when 13—LOT—Land occupied or to be oc- 23A—TOURIST COTTAGES — A separated by a party wall without cupied by a building and its accessory detached building having less than openings, it shall be deemed a separate buildings together with such open three hundred fifty (350) square feet building. spaces as are required under this Or- of cross section area, designed for or 5—BUILDING AREA — The aggre- dinance and having its principal front- occupied as living and sleeping quarters ' gate of the maximum horizontal cross age upon a public street or officially for seasonal occupancy. section area of the buildings on a lot, approved place. 23B—TOURIST CAMP — Any lot, excluding cornices, eaves, gutters or 14—LOT-CORNER — A lot situated piece or parcel of ground where two chimneys projecting not more than at the junction of two (2) or more or more tents, tent houses, camp cot- eighteen (18) inches, steps, one (1) streets. tages, house cars or house trailers used story open porches, bay windows, not 15—LOT-INTERIOR — A lot other as living or sleeping quarters are or extending through more than one (1) than a corner lot. may be located, said camp being oper- story and not projecting more than 16—LOT-THROUGH — An interior ated for or without compensation. five (5) feet, balconies and terraces.' lot having frontage on two (2) streets. 24—YARD — An open space on the 6—BUILDING HEIGHT The ver- 17—LOT LINES—The lines b=und- same lot with a building, unoccupied title distance measured from the curb Ing a lot as defined herein. and unobstructed from the ground up- level to the highest point of the roof 17A—MARINA OR BOAT BASIN— ward except as otherwise provided surface, if a flat roof, to the deck line Any premises containing one or more herein. of a mansard roof, and to the mean piers, wharves, docks, bulkheads, build- 25—FRONT YARD — The required height level between eaves and ridges ings, slips, basins or land under water open space extending along the street' for a gable, hip or gambrel roof PRO- designed, used or intended to be used line of any street on which the lot VIDED that chimneys, spires, towers, primarily for the docking, mooring or abuts. elevator penthouses, tanks and similar accommodation of boats for compen- 26—REAR YARD—The required open projections shall not be included in sation, whether compensation is paid space extending along the rear lot line the height. For building set back from directly or indirectly. (not a street line) throughout the the street line and where no curb ex- 17B—MOTEL—A building containing whole width of the lot. ists, the height may be measured from guest rooms or dwelling units each 27—SIDE YARD—The required open the average elevation of the ground of which, or each pair of which has space extending along the side lot lines surrounding the building. a separate entrance leading directly from the front yard to the rear yard. 7—DWELLING—ONE FAMILY — A from the outside of the building, with 28—SIZE OF LOT-AREA—The area detached building designed for or oc- garage or parking space conveniently of a lot shall be the total area meas- cupied exclusively by one (1) family. located to each unit, and which is ured inside all of its boundaries. _ 8—DWELLING—TWO FAMILY—A designed, used or intended to be used detached or semi-detached building primarily for the accommodation of designed for or occupied exclusively by motor vehicle transients. two (2) families. 18—NON-CONFORMING USE — A 9—DWELLING — MULTIPLE — A building or premises occupied by a use building or portion thereof designed that does not conform with the regu- for or occupied as a home for three (3) lations of the use district in which it or more families or households living is situated. independently of each other. 19—SETBACK—The minimum hori- 9A—FAMILY—One or more persons zontal distance between the street or occupying premises as a single house- lot line (front, side, or rear, as the keeping unit. case may be) of the building or any 10—GARAGE-PRIVATE—A building projection thereof, excluding steps, used for the storage of one (1) or more open terraces, and bay windows not gasoline or other power driven vehicles projecting more than five (5) feet. owned and used by the owner or ten- 19A—SIGN—A sign includes every ant of the lot on which it is erected, kind of billboard, sign board, device and for the storage of not exceeding or display, designed, arranged, used or two (2) additional vehicles (not trucks) intended to be used to advertise, an- owned or used by others. nounce, direct or otherwise inform. ARTICLE II Districts Section 200—USE DISTRICT REGULATIONS— For the purpose of this Ordinance, the Town of Southold, outside of the Incorporated Villages,is hereby divided into seven (7) classes of districts which shall be designated as follows: "A RESIDENTIAL AND AGRI- CULTURAL DISTRICTS "M" MULTIPLE RESIDENCE DISTRICTS "M-1" MULTIPLE RESIDENCE DISTRICTS "B" BUSINESS DISTRICTS "B-1" BUSINESS DISTRICTS "B-2" BUSINESS DISTRICTS "C" INDUSTRIAL DISTRICTS SECTION 201 — The boundaries of said districts are hereby established as shown upon the Building Zone Maps which accompany and which, with all ' notations, references and other matter shown thereon are, hereby, declared to be part of this Ordinance, as if the matters and things set forth by said map were all fully described herein. SECTION 202—No building shall be erected, altered or used, and no prem- ises shall be used for any other than a purpose permitted in the zone in which such building or premises is located. SECTION 203 — The boundaries between districts are, unless otherwise indicated, either street lines, railroad rights-of-way or such lines extended or lines parallel thereto or boundaries of subdivisions. Where figures are shown on the zoning maps between a street and a district boundary line,they indicate that the district boundary line runs parallel to the street line at a distance as so indicated. When the location of a district boundary line is not ortherwise determined, it shall be determined by the scale of the map measured from a given line. Where the street layout, actually on the ground, varies from the street layout as shown on the zoning maps, the designation shown on the mapped streets shall apply in such a way as to carry out the real intent and purposes of this Ordinance for the particular area in question. SECTION 204 — Where a district boundary line divides a lot in a single _ ownership at the time of passage of this Ordinance, the Board of Appeals, as hereinafter provided, may permit the less restricted use to extend to the whole or any part of such lot. ARTICLE III 8—The sale at retail of farm, garden "A" Residential and Agricultural or nursery products produced or grown District on the premises or of animals raised SECTION 300—In the "A" Residen- on the premises. One (1) advertising tial and Agricultural District, no build- sign, either single or double faced, not ing or premises shall be used and no larger than four (4) feet by six (6) building shall be hereafter erected or feet in size, advertising the sale of altered unless otherwise provided in farm, garden or nursery products pro- this Ordinance, except for one (1) or duced or grown on the premises or more of the following uses: 1 of animals raised on the premises. 1—One (1) family dwellings.\ % 9--One (1) real estate sign, either 2—Churches, schools and libraries. single or double faced, not larger than three (3) feet by four (4) feet in size 3—Non-commercial parks, play- on any one (1) or more lots,advertising grounds, athletic fields, bathing beach- the sale or lease of only the premises es, bathhouses or boathouses. on which it is maintained and set back 4—Agricultural farms, poultry farms,, not less than the required front yard nurseries, greenhouses and truck gar, distance and not less than ten (10) dening (does not include farms for feet from each side line. the breeding or raising of ducks).• When the advertising sign is for the 5—The following uses when author- purpose of the sale or lease of acreage, ized as a special exception by the or the sale of lots in a subdivision, Board of Appeals as hereinafter pro- one (1) real estate sign, either•single vided: or double faced, not exceeding twenty- (a) The conversion of any build- four (24) square feet will be permitted Ing in existence at the effective on each five hundred (500) feet to one date hereof to a two family thousand (1000) feet of frontage on dwelling. the highway-or highways on which the (b) The erection or construction property fronts, PROVIDED said sign of a two family dwelling pro- is set back not less than the front vided that the lot shall have yard restrictions required and not less an area of not less than than ten (10) feet from each side line. twenty-five thousand (25,000) The lower edge of the sign shall be square feet and a frontage'of not less than three (3) feet above the not less than two hundred ground and the upper edge of the (200) feet. sign shall not extend more than (c) Clubs, fraternity houses and fifteen (15) feet six (6) inches above golf courses. . the ground. If the premises has a (d) Stables and riding academies.' frontage of less than five hundred (e) Funeral homes and undertak- (500) feet, the sign shall have an area Ing establishments. ` of not more than twelve (12) square (f) Railway passenger stations.- feet and the same restrictions shall (g) Public utility buildings, struc- apply. tures or facilities. 10—Signs as provided in Section 408 (h) Cemeteries and the necessary of this Ordinance when authorized as Incidental structures.• a special exception by the Board of (i) Marinas for the docking, Appeals as hereinafter provided. mooring or accommodation of not more than six (6) non-' commercial boats. 6—Accessory buildings, including one (1) private garage,when such accessory buildings are located in the rear yard, or a private garage within or attached to the dwelling. 7 — Uses customarily incidental to any of the above useq when located on the same lot and not involving the conduct of a separate business. This shall be understood to include the professional office or studio of a doctor, dentist,, teacher,, artist,'archi- tect, engineer, musician, lawyer, mag- istrate or practitioner of a similar character or rooms used for home occupations including dressmaking,- millinery or similar handicrafts, PRO- VIDED that the office, studio or occupational rooms are located in a dwelling in which the practitioner re- sides and in a building accessory there- to, and PROVIDED further, no goods are publicly displayed on the premises and no sign or advertisement is shown other than a sign not larger than two �. (2) square feet in total area, bearing only the name and occupation (words only) of the practitioner. 'SECTION 301—"A" HEIGHT — In PROVIDED that, in case of a lot the "A" Residential and Agricultural held in single and separate ownership District, no building, hereafter erected at the effective date of this Ordinance, or altered, shall exceed thirty-five (35) having a total depth of less than one feet or three (3) stories. hundred (100) feet, a single family Except public or semi-public build- dwelling may be built thereon with a ings may be erected to a height not rear yard of less than twenty-five (25) exceeding fifty (50) feet when set back feet, when authorized as a special ex- an additional six (6) inches on all ception by the Board of Appeals as sides for each foot such buildings ex- hereinafter provided and PROVIDED teed the height of thirty-five (35) feet. further that in no case shall the rear SECTION 302 — "A" BUILDING yard be less than fifteen (15) feet. SECTION 309 — AREA—In the "A" Residential and Agricultural District, the total building BUILDINGS—Inn "thee "A"Residential " ACCESSORY and Agricultural District, accessory area shall not exceed twenty-five (25) buildings may occupy forty (40) per- percent of the total lot area. cent of the required rear yard up to SECTION 303—"A" SIZE OF LOT an average height of eighteen (18) feet. AREA In the "A" Residential and The yard area allowed by such ac- Agricultural District, no building shall cessory buildings shall be included in be erected or altered on a lot having computing the percentage of lot area an area of less than twelve thousand to be built upon and PROVIDED five hundred (12,500) square feet and further that no building of any kind a frontage of less than one hundred or nature shall be built within three (100) feet. (3) feet of any lot line. SECTION 304—"A"FRONT YARD— SECTION 310 — OFF-STREET In the "A" Residential and Agricul- PARKING AREA In "A" Residen- tural District, the required front yard tial and Agricultural Districts, no shall be at least thirty-five (35) feet building shall be hereafter erected or from the street line. altered or added to in excess of fifty SECTION 305—Where property in (50) percent of its area prior to the the vicinity is partly built up with adoption of this Ordinance, unless not permanent buildings and an average less than one (1) parking space for setback line of more or less than each family unit therein shall be pro- thirty-five (35) feet has been estab- vided for. For all places of public as- lished, no buildings, hereafter erected sembly including auditoriums, churches or altered, shall protect beyond the and similiar public gathering places line of the average setback so estab- erected there shall be provided not lished. less than one (1) parking space for SECTION 306—In case of a corner each seven (7) permanent seats in lot of record at the time of the pas- such buildings or for each part of the sage of this Ordinance, a front yard total area within such building or shall be required; same to be on a line structure as is or may be made avail- with the average setback lines on both able for seven (7) permanent or streets produced to a point of inter- temporary seats. The formula for pro- section and if no average setback has viding an adequate parking area is been established then a front yard, an area of three hundred thirty-four thirty-five (35) feet deep, shall be re- (334) square feet per required motor quired on each street front, or may be vehicle unit. decreased as a special exception by the Board of Appeals as hereinafter provided. SECTION 307—"A" SIDE YARDS— In the "A" Residential and Agricul- tural District, there shall be two (2) side yards, one (1) on each side of the buildings, the total aggregate of both sides shall be twenty-five (25) feet and no one (1) side yard shall be less than ten (10) feet. PROVIDED that, in the case of a lot held in single and separate owner- ship at the effective date of this Ordinance, of a width less than one hundred (100) feet and of an area less than twelve thousand five hundred (12,500) feet, a single family dwelling may be built thereon with side yards reduced fifty (50) percent and may be further reduced when authorized as a special exception by .the Board of Appeals as hereinafter provided. SECTION 308—"A" REAR YARD— In the "A" Residential and Agricul- tural District, there shall be a rear Yard having a minimum depth of twenty-five (25) feet. ARTICLE IIIA _ be twenty-five.(25) feet and no one "M" Multiple Residence District (1) side yard shall be less than ten . SECTION 350—In the "M" Multiple (10) feet. Residence District, no building or prem- SECTION 358—REAR YARD - In ises shall be used, and no building shall the "M" Multiple Residence District be hereafter erected or altered unless there shall be a rear yard having a otherwise provided in this ordinance minimum depth of twenty-five (25) except for one (1) or more of the fol- feet. lowing uses: SECTION 359 — OFF-STREET 1—All permitted uses in "A" Resi- PARKING AREA — In the "M" dential and Agricultural and "M-1" Multiple Residence District, no build- Multiple Residence Districts. ing shall be hereafter erected or altered 2—Hotels and motels. or added to in excess of fifty (50) 3—Tourist cottages. (More than one percent of its area prior to the adop- (1) Tourist Cottage may be permitted tion of this Ordinance, unless a mini- on a lot when authorized as a special mum provision for off-street parking exception by the Board of Appeals as shall be made as follows: hereinafter provided.) (a) Dwellings — One (1) parking 4—Tourist camps, when authorized space for each family unit. as a special exception by the Board of (b) Hotels, boarding and tourist Appeals as hereinafter provided. houses — One (1) parking space for 5—Marinas for the docking, mooring each two (2) guest rooms. or accommodation of non-commercial (c) Motels and Tourist Cottages — boats when authorized as a special ex- One (1) parking space for each guest ception by the Board of Appeals as room or dwelling unit. hereinafter provided. SECTION 360—SIGNS—In the I'M" 6—Accessory uses of the same lot Multiple Residence Districtthe follow- w1th and customarily incidental to any ing sig-m are permitted. permitted use and not involving the 1—Signs permitted in an "A" Resi- conduct of a separate business. dential and Agricultural District. SECTION 351—HEIGHT — In the 2—On premises used for hotel, motel, "M" Multiple Residence District, no boarding and tourist house purposes, building hereinafter erected or altered unless otherwise provided as a special shall exceed thirty-five (35) feet or exception by the Board of Appeals as three (3) stories in height. hereinafter provided, one (1) advertis- SECTION 352—BUILDING AREA— ing sign, either single or double faced, In the "M"Multiple Residence District, not exceeding fifty (50) square feet in the total building area shall not exceed area, the lower edge of which shall be fifty (50) percent of the lot area. not less than four (4) feet above the SECTION 353 — SIZE OF LOT ground, and the upper edge of which AREA—In the "M" Multiple Resi- shall not exceed more than thirty-five dente District, no Building shall be (35) feet above the ground. Such sign erected or altered on a lot having an shall advertise only the business con- area of less than twelve thousand five ducted on the premises,and shall be set hundred (12,500) square feet and a back not less than five (5) feet from frontage of less than one hundred all street and property lines. (100) feet. SECTION 354 — FRONT YARD — In the"M" Multiple Residence District, the required front yard shall be not less than thirty (30) feet. SECTION 355—Where the property in the vicinity is partly built up with permanent buildings and an average setback line has been established, no building hereinafter erected or altered shallproject beyond the line of the average setback so established. SECTION 356 — In the case of a corner lot of record at the time of the adoption of this Ordinance, a front yard shall be required. Where an aver- age setback line has been established on each street, the yard depth shan be established on a line with said average setback lines projected to a point of intersection. If no average setback lines have been established, the required front yard shall not be less than thirty-five (35) feet from each street line unless decreased as a special exception by the Board of Appeals as hereinafter provided. SECTION 357—SIDE YARDS — In the "M" Multiple Residence District, there shall be two (2) side yards, one (1) on each side of the buildings, the total aggregate of both side yards shall f ARTICLE III B 22—The stripping of land to secure to l edge of which shall be.not less "M-1" Multiple Residence District satisfactory top soil for grading or than three (3) feet above the ground SECTION 370—In the"M-l"Multiple other purposes is permitted, provided and the upper edge of which shall not Residence District, no building or material so obtained is used on the extend more than fifteen (15) feet premises shall be used, and no build- immediate permises. If a building is six (6) inches above the ground, which Ing shall be hereafter erected or altered being constructed or altered material sign shall be set back not less than unless otherwise provided in this Or- excavated in connection with such five (5) feet from all street and prop- dinance except for one (1) or more of construction or grading on the prem- erty lines and shall advertise only the the following uses: ises may be sold however. Cement business conducted on the premises. 1—All permitted uses in "A" Resi- block manufacturing, and natural pro- (b) WAIS, SIGNS—One (1) sign at- dential and Agricultural Districts. duction uses such as the excavation for tached to or. incorporated in each 2—Dwellings designed for and cc- sale of sand, gravel, clay, shale or building wall on a public street and cupied by not more than four (4) other natural mineral deposit are per- advertising only the business couddet- families. mitted only as a special exception by ed in such building, provided such sign 3—Boarding and tourist houses. the Board of Appeals. does not: 4—Accessory uses on the same lot SECTION 401—No building may be 1 — Exceed two (2) square feet in with and customarily incidental to any erected, altered, or used, and no lot or total area for each horizontal foot of permitted uses and not involving a premises except for agriculture may be such wall, and. separate business. used for any trade,industry or business SECTION 371—All premises in the that has been adjudicated a public U "M-1" Multiple Residence District shall nuisance by a court of record. comply with the provisions of Article SECTION 402—"B"HEIGHT—Tn.the -- IIIA with respect to building height, "B" Business District, no building building area, size of lot area, front hereafter erected or altered shall ex- yard, side yards, rear yard, off-street teed fifty (50) feet. parking area and signs. SECTION 403 — "B" BUILDING ARTICLE IV AREA—In the "B" Business District, "B" Business District no building shall be erected or altered SECTION 400—In the "B" Business or used in whole or in part as a dwell- District, no building or premises shall ing to exceed seventy (70) percent of the lot area. be used, and no building shall be here- after erected or altered unless other- SECTION 404—"B" FRONT YARD— wise provided in this Ordinance, except In the "B" Business District, the re- for one (1) or more of the following quired front yard shall be at least uses: twenty-five (25) feet. 1—All permitted uses in the "A" SECTION 405—Where property in Residential and Agricultural, "M" the vicinity is partly built up with Multiple Residence, "M-1" Multiple permanent buildings and an average Residence, "B-1" Business anti "B-2" setback line has been established, no Business Districts. buildings hereafter erected or altered 2—Storage houses. shall project beyond the line of the 3—Ice manufacturers. average setback so established. 4—Express carting or hauling offices or stations. SECTION 406—"B" REAR YARD- 5—Yards for storage and sale of fuel In the"B"Business District,if a build- and building materials. ing is used in whole or in part as a 6—Printing plants. dwelling, there shall be a rear yard 7—Bookbinding plants. having a minimum depth of fifteen 8—Laundry, dry cleaning and dyeing (15) feet. PROVIDED further that,-In plants. the case such building is over forty (40) a—Creamery,butter and cheese mak- feet high, the depth of the rear yard ing and milk bottling and distributing shall be increased five (5) feet for plants. each ten (10) feet or fraction thereof 10—Carpenter shops. which the building exceeds forty (40) 11—Plumbing shops. feet in height. 12—Blacksmith shops. SECTION 407 — "B" DENSITY OF 13—Electrician shops. POPULATION—In the "B" Business 14—Upholsterer shops. District, no building shall hereafter be 15—Tinsmith shops. erected or altered to accommodate or 16—Painter shops. make provisions for more than twenty 17—Marinas, commercial docks, com- (20) families on one (1) acre of ground mercial fuel docks and piers. or more than a proportional number of 18—Ferry docks and ferry houses. families on a fractional part of any 19—Boat yards, boat storage yards acre of land, based on the require- and boat storage basins. ments as outlined above. 20—Any manufacturing, fabricating, SECTION 408 — SIGNS — Unless treating, converting, finishing, altering otherwise authorized as a special ex- or assembling, in connection with the aforesaid permitted uses and which ce ►. is a necessary incident and accessory herrieinnafter provided, the following by the Board of Appeals as to the preparation of articles to be sold signs are permitted in a "B" Business District: primarily on the premises or to the performing of a service primarily for (a) DETACHED OR GROUND residents of the neighborhood. SIGNS — One (1) sign, single or 21—Accessory use on the same lot double faced, not more than six (6) with and customarily incidental to any feet six (6) inches in height and twelve of the above permitted uses. (12) feet six (6) inches in width, the 2 — Exceed in width one hunt.- d - (100) percent of the horizontal meas- urement of such wall. 3--Exceed ten(10)feet in height,and 4—Exceed fifteen (15) feet six (6) Inches from ground level to the upper edge of sign, and 5--Project more than one (1) toot from such wall. (c) ROOF SIGNS—In lieu of a wall sign authorized by the preceding sub- division (b), a roof sign shall be permitted provided the same is at- tached to or incorporated in a roof, which sign shall advertise only the business conducted in the building upon which it is attached, and pro- vided that such sign does not: 1—Exceed two (2) square feet in total area for each lineal foot of such roof, and 2—Extend above the highest point ' of the roof in the case of a pitched roof, and in all other cases exceed two (2) feet six (6) inches in height above the highest point of the roof, and _ 3—Project beyond the edge of the roof. SECTION 409—"B" SIZE OF LOT AREA—In the "B" Business District, no building shall be erected or altered on a lot having an area of less than seventy-five hundred (7,500) square feet and a frontage of less than fifty (50) feet. SECTION" 410 — OFF-STREET PARKING AREA — In "B" Business District, no building shall be hereafter erected, or altered or added to in ex- cess of fifty (50) percent of its area prior to the adoption of this Ordinance, unless a minimum provision for off- street parking shall be made as follows: (a) Hospitals — One (1) parking space for every four (4) beds. (b) Theatres and Restaurants—One (1) parking space for every seven (7) seats. (c) Dwellings — One (1) parking space for every dwelling unit. (d) Hotels—One (1) parking space for every two (2) rooms. (e) All places of public assembly such as auditoriums, churches and for similar uses — One (1) parking space for each seven (7) permanent seats or an area equivalent to seven (7) perm- anent seats. (f) All structures where offices or living quarters are provided over the first floor, an additional space shall be provided for each office or for each dwelling unit. (g) All other business buildings where the ground floor area is in ex- cess of two thousand five hundred (2,500) square feet — One (1) parking space for each two hundred (200) square feet of building area or frac- tion thereof in excess of two thousand five hundred (2,500) square feet. The formula for providing an ade- quate parking area is an area of three hundred thirty-four (334) square feet per required motor vehicle unit. ARTICLE IV A M 1111-1" Business District SECTION 420—In the "B-i" Busi- ness District, no building or premises shall be used and no building shall be hereafter erected or altered unless otherwise provided in this Ordinance except for one (1) or more of the following uses: 1. All permitted uses in the"A"Resi- dential and Agricultural, "M" Multiple Residence, "M-1" Multiple Residence and "B-2" Business Districts. 2. The following uses when author- ized as a special exception by the Board of Appeals as hereinafter pro- vided: a. Places of amusement. b. Public garages. c. Gasoline service stations. d. New and used car lots. e. Fishing stations. 3. Acoessory uses on the same lot with and customarily incidental to any permitted uses and not involving a separate business. SECTION 421—All premises in the "B-1" Business District shall comply with the provisions of Article IV with respect to building height, building area, front yard, rear yard, density of population, signs, size of lot area and off-street parking area. ARTICLE IV B "B-2" Business District SECTION 440—In the "B-2„ Busi- ness District, no building or premises shall be used and no building shall be hereafter erected or altered unless otherwise provided in this Ordinance, except for one (1) or more of the fol- lowing uses: 1. All permitted uses in the ':A" Residential and Agricultural, "M" Multiple Residence and "M-1" Multiple Residence Districts. 2. One (1) and two (2) family dwell- ings provided that such dwellings com- ply with the provisions of Sections 301 to 308, inclusive, of this Ordinance. 3. Multiple dwellings. 4. Hospitals. 5. Clinics. 6. Nursing Homes. 7. Offices. 8. Banks and financial institutions. 9. Retail stores. 10. Restaurants. 11. Bake shops (for on-premises sales). 12. Laundromats and similar estab- lishments. 13. Tailors', dry cleaners' and mil- liners' shops. 14. Shoe repair shops. 15. Jewelers', opticians', watch and clock shops and similar establishments. 16. Marinas for the docking, mooring and accommodation of non-commercial boats, including the sale of fuel and oil primarily for the use of boats ac- commodated in such marina. 17. Lodges, chapter houses and clubs. 18. Accessory uses on the same lot with and customarily incidental to any permitted uses and lot involving a separate business. SECTION 441—All premises in the "B-2" Business District shall comply with the provisions of Article IV with respect to building height, building area, front yard, rear yard, density of population, signs, size of lot area and off-street parking area. ARTICLE V a dwelling, there shall be a rear yard "C" Industrial District having a minimum depth of fifty (50) feet. SECTION 500—In the "C" Industrial SECTION 502—SIGNS-7he provi- Districts, all buildings and premises sions of Article IV, Section 408 of this may be used for any use except that Ordinance shall apply to signs in a the following uses may be permitted "C" Industrial District. only as a special exception by the SECTION 503—"C" FRONT YARD— Board of Appeals as hereinafter set In the "C" Industrial District, the forth: required front yard shall be at least 1—Abattoirs. thirty (30) feet, provided further that 2—Acetylene gas manufacture or gas where property is bounded on any side manufacture from coal,coke,petroleum by a railroad right-of-way or on a rear or from any other product or the stor- line by a railroad right-of-way, there age thereof. shall be a setback along the entire 3—Acid manufacture. length of such railroad right-of-way bleaching or private right-of-way of at least y g powder or thirty. (30) feet. chlorine manufacture. SECTION 504—"C" SIZE OF LOT 5—Arsenal. AREA—In the "C" Industrial Dis- 6—Asphalt manufacture. trict, no building shall be erected or 7—Blast furnace. 8—Cement, lime, gypsum or plaster altered on a lot having an area of less of paris manufacture. than twelve thousand five hundred 9—Coke ovens. (12,500) square feet and a frontage of 30—Crematories. less than one hundred (100) feet. 11—Distillation of bones. SECTION 505 — OFF-STREET 12—Dwellings, all types. PARKING AREA—In the "C" In- 13—Explosives, manufacture or stor- dustrial District, no building shall be age hereafter erected or altered or added 14—Fat rendering. to in excess of fifty (50) percent of its 15—Fertilizer manufacture. area prior to the adoption of this Or- 16—Fire works manufacture. dinance, unless a minimum provision 17—Garbage, offal or dead animals, for off-street parking shall be made as reduction or dumping. follows: 18—Glue, size or gelatin manufacture. (a) All buildings where the ground 19—Gunpowder manufacture or stor- floor area is two thousand five hundred age. (2,500) square feet — One (1) parking 19A—Automobile wrecking and all space for each two hundred (200) other junk yards. square feet of building area or fraction 20—Oilcloth or linoleum manufacture. thereof in excess of two thousand five 21—Oiled, rubber or leather manu- hundred (2,500) square feet. facture. (b) All places of public assembly- 22—Ore reduction. One (1) parking space for each seven 23—Paint, oil, shellac, turpentine or (7) permanent seats or an area equiva- varnish manufacture. lent to seven (7) permanent seats. 24—Paper and pulp manufacture. (c) Ali structures where offices are 25—Petroleum refining. provided over the first floor—an ad- 26—Potash works. ditional parking space shall be pro- 27—Roiling mill. vided for each office. 28—Rubber or gutta percha manu- The formula for providing an ade- facture. quate parking area is an area of three 29—Salt works. hundred thirty-four (334) square feet 30—Sauerkraut manufacture. per required motor vehicle unit. 31--Shoe blacking or stove polish manufacture. 32—Smelting. 33—Soap manufacture. 34--Stockyards or slaughter houses. 35—Stone mill or quarry. 36—Structural steel or pipe works. 37—Sulphuric, nitric or hydrochloric acid manufacture. 38—Sugar refining. 39—Tar distillation or manufacture. 40—Tar roofing or waterproofing manufacture. 41—Tallow, grease or lard manu- facture. 42—Tanning, curing or storage of rawhides or skins. " 43—Tobacco (chewing) manufacture or treatment. 44—Vinegar manufacture. 45—Yeast plant. SECTION 501—"C" REAR YARD— In the "C" Industrial District, if a building is used in whole or in part as ARTICLE VI _ ficate of Occupancy shall have been Tourist Camps, Camp Cottages issued by the Building Inspector. Such and Trailers Certificate shall indicate that such SECTION 600 — PERMITS RE- building or premises or part thereof QUIRED—No tourist camp shall be and the proposed use thereof are in established, maintained or operated in conformity with the provisions of this any district, nor shall any tent, tent- ordinance. (b) Under such rules and house, camp-cottage, house-car, or regulations as may be established by trailer, to be used or occupied as a the Board of Appeals, a temporary place for living, sleeping or eating, Certificate of Occupancy for a part of whether charge is or is not made, be any building or premises may be issued erected or placed therein, unless au- by the Building Inspector. (c) Upon thorized by the Town Board pursuant written request from the owner or oc- to the provisions of the Trailer Camp cupant, the Building Inspector shall Ordinance dated June 30, 1953. issue a Certificate of Occupancy for SECTION 601 AUTOMOBILE any existing lawful use and occupancy TRAILER OR HOUSE CAR—Not- of a building or premises. withstanding any other provisions of SECTION 704—All permit fees and this Ordinance, a single automobile fees for certificates of occupancy shall trailer or house car may be located be established by the Town Board. outside a tourist camp only when au- SECTION 705—For each application thorized by the Town Board, and sub- or Appeal to the Board of Appeals as ject to such conditions as may be pre- hereinafter provided, there shall be a scribed by the Town Board. fee of five dollars ($5.00) accompany- SECTION 604—Article VI shall not Ing the application or appeal. be deemed to apply to the temporary SECTION 706—All permits shall ex- or seasonal camp of any unit of the pire in one (1) year of issuance thereof, Boy Scouts of America or the Girl the renewal fee to be one half O Scouts of. America or other such or- the original fee. ganizations under the leadership pro- SECTION 707 — For each proposed vided by said organizations respec- change of the Ordinance or change of tively. the Zoning Map as provided by Section ARTICLE VII 902 of Article I% of this Ordinance, Applications and Permits there shall be a fee of twenty-five dol- SECTION 700—It shall be the duty lars ($25.00) accompanying the petition. of the Building Inspector, or such per- son as designated by the Town Board, and he is hereby given the power and authority to enforce the provisions of this Ordinance. SECTION 701—The Building Inspec- tor shall require that the application for a building permit and the accom- panying plot plan shall contain all the information necessary to enable him to ascertain whether the proposed building complies with the provisions of this Ordinance. SECTION 702—No building permit shall be issued until the Building In- spector has certified that the proposed building or addition complies with all the provisions of this Ordinance. SECTION 703—A permit will be re- quired prior to the commencing of work for the erection or additions to all resi- dence, business and industrial build- ings. Accessory buildings including all types of farm buildings except migrant camps do not require a permit provided that all use, height and yard require- ments have been complied with. SECTION 703A—A permit will be required prior to the erection of or addition to all signs except signs per- mitted by Article III,Section 300,para- graphs 8, 9 and 10 of this Ordinance. Metal identification tags, serially num- bered shall be affixed by the Building Inspector to all signs for which a per- mit is required. SECTION 703B—CERTIFICATE OF OCCUPANCY—(a) it shall be un- lawful to use or permit the use of any building or premises or part thereof, hereafter created, erected, changed, converted or enlarged wholly or partly, In its use or structure until a Certi- • ARTICLE VIII (4) The availiability of adequate and ei,le such date, the less restricted Board of Appeals proper public or private facilities for use may be adjusted to extend to the SECTION 800 — The Town Board the treatment, removal or discharge whole or any part of such lot but not shall appoint a Board of Appeals con- of sewage, refuse, or other effluent more than fifty (50) feet beyond the sisting of five (5) members as provided (whether liquid,solid,gaseous or other- boundary line of the use district in by the Town Law. wise) that may be caused or created which said lot is located. SECTION 801A—The Board of Ap- by or as a result of the use; (b) If the less restricted use shall peals may, in a specific case after pub- (5) Whether the use, or materials be extended ten (10) feet or more lic notice and hearing, and subject to incidental thereto, or produced there- within a residential use district, a appropriate conditions and safeguards, by, may give off obnoxious gases,odors, permanent open space for a rear and determine and vary the application of smoke or soot; side yard of not less than ten (10) the regulations herein established in (6) Whether the use will cause dis- feet shall be provided for and main- harmony with their general purpose turbing emissions of electrical dis- tained within the lot area as so ex- and intent as follows: charges, dust, light, vibration or noise; tended. Also in such event, if the less B. VARIANCE POWERS. (MAT- (7) Whether the operations in pur- restricted use be extended more than TERS OF APPEAL TO THE BOARD suance of the use will cause undue ten (10) feet, the said minimum rear OF APPEALS). interference with the orderly enjoy- and side yards shall be increased by Where there are practical difficul- ment by the public of parking or of one (1) foot for each additional ten ties or unnecessary hardships in the recreational facilities, if existing, Cr if (10) feet of such extension. way of carrying out the strict letter of proposed by the Town or by other SECTION 802-The Board of Appeals these regulations, the Board of Appeals competent Governmental agency; shall make rules as to the manner of shall have the power to vary or modify (8) To the necessity for bituminous filing appeals or applications for spec- the application of such regulations so surfaced space for purposes of off- ial exceptions or variances. that the spirit of the Ordinance shall street parking of vehicles incidental SECTION 803—Upon the filing with be observed, public safety and welfare to the use, and whether such space is the Board of Appeals of an appeal or secured and substantial justice done. reasonably adequate and appropriate of an application for special exception C.SPECIAL POWERS AND RULES, and can be furnished by the owner or variance, the Board of Appeals shall (MATTERS OF ORIGINAL JURIS- of the plot sought to be used within fix a time and place for a public hear- DICTION AND BY APPLICATION or adjacent to the plot wherein the Ing thereon and shall give notice there- TO THE BOARD OF APPEALS). use shall be had; of as follows: (1) Whenever a use, or the location (9) Whether a hazard to life, limb (a) By publishing a notice thereof thereof, is permitted only if the Board or property because of fire, flood, in accordance with the Town Law. of Appeals shall approve thereof, the erosion or panic may be created by Board of Appeals may, in a specific reason or as a result of the use, or case and after notice and public hear- by the structures to be used therefor, ing, authorize such permissive use and or by the inaccessibility of the prop- its location within the district in which erty or structures thereon for the con- this ordinance specifies the permissive venient entry and operation of fire and use may be located,subject, however to other emergency apparatus or by the the following: undue concentration or assemblage of (a) Before- such approval shall be persons upon such plot; given, the Board of Appeals shall de- (10) Whether the use, or the struc- termine:— tures to be used therefor, will cause (1) That the use will not prevent an overcrowding of land or undue con- the orderly and reasonable use of ad- centration of population; jacent properties or of properties in (11) Whether the plot area is suf- adjacent use districts; ficient, appropriate and adequate for (2) That the use will not prevent the use and the reasonably anticipated the orderly and reasonable use of per- operation and expansion thereof; and mitted or legally established uses in (12) Whether the use to be operated the district wherein the proposed use is is unreasonably near to a church, to be located or of permitted or legally school, theatre, recreational area or established uses in adjacent use dis- other place of public assembly. tricts; (c) The Board of Appeals shall, in (3) That the safety, the health, the authorizing such permissive uses, im- welfare, the comfort, the convenience pose such conditions and safeguards as or the order of the Town will not be it may deem appropriate, necessary or adversely affected by the proposed use desirable to preserve and protect the and its location; and spirit and objectives of this Ordinance. (4) That the use wIll be in harmony (2) — When, in its judgment, the with and promote the general purposes public convenience and welfare and and intent of this Ordinance. justice will be substantially served, and (b) In making such determination, provided that the legally established or the Board of Appeals shall also give permitted use of neighborhood property consideration, among other things,to:— and adjacent use districts will not be (1) The character of the existing substantially or permanently injured, and probable development of uses in the Board of Appeals may, after public the district and the peculiar suitability notice and hearing and subject to ap- of such district for the location of any propriate conditions and safeguards as of such permissive uses; outlined, authorize the granting of a (2) The conservation of property permit. values and the encouragement of the (a) Where a district boundary line most appropriate uses of land; divides a lot which is proved to the (3) The effect that the location of the satisfaction of the Board of Appeals to proposed use may have upon the crea- have been in single and separate own- tion of undue Increase of vehicular ership at the effective date of this Or- traffic congestion on public streets or dinance, and the total area of which highways; lot has not been diminished or increas- ARTICLE IX Amendments SECTION 900 — The Town Board upon its own motion or by petition may, from time to time, amend, sup- plement, change, modify or repeal this Ordinance including the Zoning Map, by proceeding in the following manner: SECTION 901—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 adver- tising for a public hearing, shall in a written request, instruct the Town Planning Board to prepare an official 1 report defining the conditions described in a petition and determine the area so affected with their recommenda- tions. SECTION 902—In case, however, of a protest against such change, signed by the owners of twenty (20) percent or more, either of the area of land included in such proposed change, or of that immediately adjacent thereto, extending, one hundred (100) feet therefrom, or of that directly opposite thereto, extending one hundred (100) feet from the street frontage of such opposite land, such amendment shall not become effective except by the favorable vote of at least four (4) members of the Town Board. SECTION 903—At a public hearing full opportunity to be heard shall be given to any citizen and all parties in interest. • ARTICLE % SEOTION 1003—The Planning Board • General Provisions shall study the application of this Or- SECTION 1000—In a Residential and dinance and shall, from time to time, Agricultural District where a lot abuts recommend to the Town Board such on a parkway, the lot shall be con- changes in the Ordinance and in the sidered to front and have a front yard boundaries of the various districts as on the street and also on the parkway it shall deem advisable to further pro- and where the building accords with mote the health, safety, morals or the this section, a private accessory garage general welfare of the community. may be incorporated in the building or SECTION 1003A — All labor camps attached thereto regardless of distance where provision is made for the hous- from streets. ing and feeding of transient help re- SECTION 1000A — No lot shall be gardless of the number to be accom- sold, divided,or set off in such a man- modated, shall first meet all require- ner that either the portion sold, di- ments of existing law. Farm labor vided, or set off, or the portion re- camps on faxms shall not be located maining shall have an area and/or nearer to any other residence than to open spaces of less than that prescribed the residence of the employer except by this ordinance for the district in as a special exception by the Board which said lot is located. of Appeals. The location of any other SECTION 100OB—No dwelling shall labor camp or camps not on farms shall hereafter be erected or altered in any be subject to the approval of the Zon- district unless provisions shall be made ing Board of Appeals. • .11 therein for not less than eight hun- SECTION 1004—In any district, no dred and fifty (850) square feet of Public Gaxage for more than three (3) space within the exterior of the motor vehicles and no gasoline vending foundation walls at ground level ex station shall be erected or altered and clusive of a garage, carport, carpark, used within two hundred (200) feet of open porch, or terraces, or other ex- any premises used for a public school, tensions outside the body of the house. public library, church, hospital or Provided, however, that fifty per cent orphanage. (50%) of the habitable area of the SECTION 1005—PUBLIC PARKING second story may be used and applied PLACES — No public parking place to the area requirements of the first shall be conducted in any district ex- floor. sept as a special exception by the Notwithstanding anything herein- Board of Appeals. above to the contrary the area of the SECTION 1006—No wall, fence, or second floor shall be included in com- other structure and no hedge, tree, puting the area of the total habitable shrub or other.growth shall be erected, area when the finished floor of the altered or maintained on any corner lot second story has a clear headroom of at any point within twenty (20) feet not less than seven and one-half (7%) from the intersection of the street feet with knee walls of not less than lines, which may cause danger to five (5) feet and when the second story traffic on a street by obscuring the is serviced by a permanently placed view. stairway. SECTION 1007 — NON-CONFORM- The provisions of this section shall ING USES — Unless otherwise au- not apply to dwellings located within thorized as a special exception by the a tourist camp as defined in the South- Board of Appeals as hereinbefore pro- old Town Ordinance providing for the vided, the following provisions shall regulations of Tourist camps, house apply to non-conforming uses: trailer camps, house trailers or similar establishments when a permit for such tourist camp has been issued by the Town Board pursuant to the provisions of said ordinance. SECTION 1001 — Notwithstanding any other provisions of this Ordi- nance, all automobile or other junk yards in existende at the effective date of this Ordinance shall within three (3) years from such date provide suitable screening in the form of fenc- ing or hedges completely around the periphery of the area used for such purposes, and the type of fencing and hedges shall be subject to the approval • of the Board of Appeals. SECTION 1002 — Nothwithstanding any other provisions of this Ordinance, any sign in existence at the effective date of this Ordinance which does not conform to the provisions of this Ordi- nance, shall within five (5) years from such date be discontinued unless its continuance is authorized as a special exception by the Board of Appeals as hereinbefore provided. r t (a) The lawful use of a buildinb r Health of the County of Suffolk, and '-?) Sub-division Map of Founder§ premises existing on the effective date not in conflict with any of the pro- Estates, dated March 18, 1927, and of this Ordinance, or authorized by a visions of this Ordinance; PROVIDED, amendments thereto; building permit issued prior thereto, however, that where this Ordinance (4) Map of Sub-division known as may be continued although such use imposes a greater restriction upon the Kennewood,dated January 9,1954,filed does not conform with the provisions use of buildings or premises or upon as Map No. 2180,• of this Ordinance and such use may the height of the building, or requires (5) Map of Southwood, Map file No. be extended throughout the building larger open spaces than are imposed 2141; lawfully acquired prior to said date. or required by such Ordinance, rules (6) Plan of Lots owned by George (b) A non-conforming use of a build- and regulations, the provisions of this H. Wells, Southold, N. Y., Map file No. ing or premises may be changed to a Ordinance shall control. 859; use of the same or higher classification (7) Bayside Terrace, Bay View, according to the provisions of this SECTION 1011 - REMEDIES — In Southold, N. Y. File No. 2034; Ordinance. case any building or structure is erect- (8) West Creek Development, South- , (c) Whenever a district shall here- ed, constructed, reconstructed, altered, old, N. Y. Map of April 20, 1937, File after be changed, any then existing repaired, converted or maintained, or No. 1236; non-conforming use of a building or any building, structure or land is used (9) Sub-division Map of Cedar Beach premises in such changed district may in violation of this Ordinance, or of Park situate at Bay View, Southold, be continued or changed to a use of a any regulations made pursuant thereto, N. Y. dated September 26, 1926, File similar or higher classification, pro- in addition to other remedies provided No. 90; vided all other regulations governing by law, any appropriate action or pro- (10) Map of Goose Neck, Southold, the new use are complied with. ceeding whether by legal process or N. Y. Map dated 1948, File No. 1663; (d) Whenever a non-conforming use otherwise, may be instituted, or taken (11) Peconic Shores, Peconic, N. Y. of a building or premises has been dis- to prevent such unlawful erection, con- Map of Jesse Wells, dated December continued for a period of more than struction, reconstruction, alteration, 27, 1922, No. 1 and No. 2; two (2) years, or changed to a higher repair, conversion, maintenance or use, (12) Nassau Farms, Peconic, N. Y. classification, or to a conforming use, to restrain,correct or abate such viola- Map by O. W.Van Tuyl, No. 1179; anything in this Section to the con- tion, to prevent the occupancy of said (13) Alonzo Jersey, Peconic,_ N. Y. trary notwithstanding, the non-con- building, structure or land or to pre- Map of O. W. Van TuyI, April 21, 1930, forming use of such building or prem- vent any illegal act, conduct, business File No. 763; ises shall no longer be permitted unless or use in or about such premises. (14) Nassau Point Club Properties, a variance therefor shall have been Section D. Map by O. W. Van Tuyl, granted by the Board of Appeals �' SECTION 1012—PENALTIES — For March 24, ,1926; and Amended Map— hereinbefore provided. any and every violation of the provi- Section A.,No. 156; (e) A non-conforming building may sions of this ordinance, the owner, the (15) Captain Kidd Estates,Mattituck, not be reconstructed or structurally general agent, or contractor of a build- N. Y., Map by O. W. Van Tuyl, Jan- altered during its life to an extent ex- ing or premises, where such violations uary 21, 1947, No. 1672; ceeding in aggregate cost fifty (50) have been committed or shall exist,and (16) Amended Map of Mattituck percent of the fair value of the build- the general agent, architect, builder, Heights, Mattituck, N. Y. ing, unless the use of such building is contractor or any other person who (17) Point Pleasant—Mattituck,N.Y. changed to a conforming use. knowingly commits, takes part or as- Survey by Franklin F. Overton, April (f) A non-conforming building which sists in any such violation or who 8, 1916; has been damaged by fire or other maintains any buildings or premises (18) Salt Lake Village, Mattituck, causes to the extent of more than fifty in which any such violations shall exist, N. Y., Map by O. W. Van Tuyl, July (50) percent of its fair value shall not shall be guilty of an offense. Each 10, 1939; be repaired or rebuilt unless the use week's continued violation shall con- (19) Shore Acres, Mattituck, N. Y. of such building is changed to a con- stitute a separate additional'violation. File No. 41. forming use. Such fines or penalties shall be collect- SECTION 1008 — TIDAL LANDS— ed as like fines are now collected by When the tidal lands are not shown as law. zoned on the Zoning Map, they shall be considered to lie within the "A" SECTION 1013 — EXCEPTIONS AS Residential and Agricultural District TO CERTAIN SUBDIVISION LOTS— but no structure erected therein shall (a) All of the lots on a certain map be erected upon such lands owned by entitled Map of Marion Manor, situ- " the Town of Southold except upon the ated at East Marion, Town of South- approval of the Board of Town old, Suffolk County, New York, filed Trustees. in Suffolk County Clerk's Office on SECTION 1009—VALIDITY—Should March 18, 1953, as Map No. 2038, shall any section or provision of this Or- be excepted from the provisions of dinance be declared by a court of com- Section 303 herein; As to Lots num- petent ,jurisdiction to be invalid, such bered one (1) through five (5) on said decisions shall not effect the validity map, the sideyard requirements shall of the Ordinance as a whole or any be reduced to ten (10) feet on each other part thereof. side; and as to lots numbered thirty- SECTION 1010—INTERPRETATION, three (33) through forty-seven (47) PURPOSE AND CONFLICT — In on said map, the 'setback lines and interpreting and applying the pro- rear yard requirements shall each be ' visions of this Ordinance, they shall reduced to twenty (20) feet. be held to be the minimum require- (b) All of the Lots on the following ments for the promotion of the health, described maps shall be excepted from safety, morals or the general welfare the provisions of Section 303 herein: of the Town. It is not intended by this (1) Sub-division Map of Section 2, Ordinance to interfere with or abrogate Gardiner's Bay Estates, East Marion, or annul any Town Building Code, or New York, Map by O. W. Van Tuyl, any rules and regulations adopted or dated July 21, 1957; issued thereunder, or the rules and (2) Map of Beixedon Estates, Filed regulations of the Department of March 16, 1947 as Map No. 1472.