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HomeMy WebLinkAbout04/09/1957 BUILDING ZONE ORDINAN' the word "structure", the word "lot" with or without meals and in which TOWN OF SOUTHOLD includes the word "plot" and the word 'Vre are more than ten (10) rooms SUFFOLK COUNTY, NEW YORK "shall" is mandatory and not directory. hally occupied singly and no pro- 1—ACCESSORY BUILDING — A vision made for cooking in any in- An ordinance classifying, regulating building;subordinate to the main build- dividual apartment. and restricting the height, number of ing on a lot and used for purposes 12A—AUTOMOBILE WRECKING staries, size of buildings and other customarily incidental to those of the AND ALL OTHER JUNK YARDS— structures, the percentage of lot that main building. Land occupied or to be occupied for may be occupied, the size of yards and 2—AN ACRE — An acre as applic- the storage of old wood, paper, cloth other open spaces,the denvity of popu- able to this Ordinance shall refer to or metal, including old automobiles, lation, the location and ase of build- the land exclusive of street areas. trucks, equipment, machinery, fixtures Ings, structures and land for trade, in- 3—BOARDING AND TOURIST and appliances not usable as orginaliy dustry, residence and other purposes, HOUSES.A building other than a hotel designed; and also including any por- (provided that such regulations shall where lodging, with or without meals, tions of such old automobiles trucks, apply to and affect only such part of for six or more persons is furnished equipment or machinery as are or may -the town outside the limits of any in- for compensation. be sold as and for funk or salvage. y corporated village), establishing the 4-_BUILDING — A structure having 13—LOT—Land occupied or to be oc- 8 boundaries of districts for said pur- a roof supported by waus and when cupied by a building and its accessory ,b poses so as to promote the health, safe- separated by a party wall without buildings together with such open y ty, morals and general welfare of the openings, it shall be deemed a separate spaces as are required under this Or- Town of Southold with reasonable con- building. dinance and having its principal front tj - slderation, among ether things to the 5—BUILDING AREA — The aggre- age upon a public street or officially most desirable use for which the land gate of the maximum horizontal cross approved place. 'C of each district may be adapted, the section area of the buildings on a lot, ll,—LOT-CORNER—A lot situated at y peculiar suitability for particular use excluding cornices, eaves, gutters or the function of two (2) or more streets. 04 a district, the conservation of prop- x erty values and the direction of build- chimneys projecting not more than 15—LOT-IN lot other tXi weighteen (18) inches, steps, one (1) than a corner lot. co Ing development in accordancewith a well considered plan and also estab- story open porches, bay windows, not 16—LOT-THROUGH—An interior lot 0 extending through more than one (1) naving frontage on two (2) streets. C♦ fish penalties for violation of these regulations as prescribed by the seastory and not projecting more than 17—LOT LINES—The lines bounding tutus. five (5) feet, balconies and terraces. a lot as defined herein. p M 6—BUILDING HEIGHT — The ver- 18—NON - CONFORMING USE—A t"' TABLE OF CONTENTS title distance measured from the curb building or premises occupied by a use C7 Short Title Section level to the highest point of the roof that does not conform with the regu- y Article 1 Definitions 100 surface, if a flat roof, to the deck line lations of the use district in which it 0 Article 11 Districts 200 of a mansard roof, and to the mean is situated. z Article III "A" Residential and height level between eaves and ridges 19—SETBACK—The minimum hori- Z Agricultural District 300 for a gable, hip or gambrel roof PRO- zontal distance between the street or Article IV "B" Business District 400 VIDED that chimneys, spires, towers, lot line (front, side, or rear, as the p Article V "C" Industrial District 500 elevator penthouses, tanks and simular case may be) of the building or any = Article VI Tourist Camps, Camp projections shall not be included in projection, thereof, excluding steps, d Cottages and Trailers 600 the height. For building set back from open terraces, and bay windows not Article VII Applications and Per- the street line and where no curb ex- projecting more than five (5) feet. Z mits 700 ists, the height may be measured from 20—STORY—That portion of a build- Article VIII Board of Appeals 800 the average elevation of the ground Ing included between the surface of Article IX Amendments 900 surrounding the building. any floor and the surface of the floor Article X General Provisions 1000 7—DWELLING—ONE FAMILY—A next above it or if there be no floor WHEREAS, all the matters and detached building designed for or oc- above it, then the space between it and t, things required to be done by the Town cupied exclusively by one (1) family. the ceiling next above it. Law of the State of New York in order 8—DWELLING—TWO FAMILY — A 21—STORYd4ALF--A story under a that the Town Board of the Town of detached or semi-detached bu=ng gable, hip or gambrel roof, the wall Southold, Suffolk County, State of New designed for or occupied exclusively by plates of which, on at least two (2) �_A York, may avail itself of the powers two (2) families. opposite exterior walls, are not more � 9—DWELLING—MUILTIPLE — A than two (2) feet above the finished __4conferred by said law have been duly complied with. building or portion, thereof, designed floor of such story. NOW THEREFORE, the Town Board for or occupied as a home for three (3) 22—STRUCTURE—Anything construc- the Town R Southold, Suffolk Cour- or more families or households, living ted or erected, the use of which re- of of State n New York, by virtue of independently of each other. quires a more or less permanent lo- the authority in it by law invested, 10—GARAGE-PRIVATE—A building cation on the soil,or attached to some- hereby ordains and enacts the follow used for the storage of one (1) or more thing having a permanent location on Ing ordinance. gasoline or other power driven vehicles the soil. SECTION 1—This ordinance shall be owned and used by the owner or ten- 23--STRUCTURAL ALTERATIONS— known and may be cited as "The ant of the lot on which it is erected, Any change in the supporting members Building Zone Ordinance d the Town and for the storage of not exceeding of a building, such as bearing walls, B BSouthold, Suffolk County, New two (2) additional vehicles (not trucks) columns, beams or girders. of York:' owned or used by others. 24—YARD—An open space on the 11—GARAGE - PUBLIC—A building same lot with a building, unoccupied ARTICLE I other than a private garage, used for and unobstructed from the ground up- SECTION 100—Definitions—For the housing or care of gasoline or other ward except as otherwise provided purpose of this Ordinance, certain power driven vehicles, or where such herein. terms and words are, herewith, defined vehicles are equipped for operation, re- 25—FRONT YARD—The required as follows: paired or kept for remuneration, hire open space extending along the street Words used in the present tense in- or sale. line of any street on which the lot clude the future, the singular number 12—HOTEL—A building occupied as abuts. includes the plural and the plural the the more or less temporary abiding 26—REAR YARD—The required open singular, the word "building" includes place of individuals who are lodging space extending along the rear lot line Page 1 (not a street line) throughout 2--Churches, schools, libraries. a ply. whole width of the lot. 3—Non-commercial parks, play- ECTION 301—"A" HEIGHT—In • 27—SIDE YARD—The required open grounds, athletic fields, bathing "A" Residential and Agricultural space extending along the side lot lines beaches, bathhouses or boathouses. District, no building, hereafter erec- from the front yard to the rear yard. 4—Agricultural farms, poultry farms, ted or altered, shall exceed thirty-five 28—SIZE OF LOT-AREA—The area nurseries, greenhouses and truck gard- (35) feet or three (3) stories. of a lot shall be the total area meas- ening.(does not include farms for the Except public or semi-public build- ured inside all of its boundaries. raising or breeding of ducks) ings may be erected to a height not ARTICLE III 5—Clubs, fraternity houses and golf exceeding fifty (50) feet when set back Districts courses, except where the principal ac- an additional six (6) inches on all SECTION 200—USE DISTRICT tivities are carried on as a business. sides for each foot such buildings ex- REGULATIONS—For the purpose of 6—Railway passenger stations. ceed the height of thirty-five (35) feet. this Ordinance, the Town of Southold, 7—Accessory buildings, including one SECTION 30Z—"A" BUILDING outside of the Incorporated Villages, (1) private garage, when located not AREA—In the "A" Residential and is hereby divided into three (3) classes less than ,fifty (50) feet from the front Agricultural District, the total building of districts which shall be designated lot line ora private garage within or area shall not exceed twenty-five (25) as follows: attached to the dwelling. percent of the total lot area. "A" RESIDENTIAL AND AGRICUL- 8—Uses customarily incidental to any SECTION 303—"A" SIZE OF LOT- TURAL DISTRICTS of the above uses when located on the AREA—In the "A" Residential and "B" BUSINESS DISTRICTS same lot and not involving the con- Agricultural District, no building shall "C" INDUSTRIAL DISTRICTS duct of a separate business. This shall be erected or altered on a lot of an SECTION 201—The boundaries of be understood to include the profes- area less than twelve thousand five said districts are, hereby established sional office or studio of a doctor, hundred (12,500) square feet, or upon as shown upon the Building Zone Maps dentist, teacher, artist, architect, en- a .dot having a frontage of less than which accompany and which, with gal gineer, musician, lawyer, magistrate or one hundred (100) feet. notations, references and other matter practitioner of a similar character or SECTION 304—"A" FRONT YARD— shown thereon are, hereby, declared rooms used for home occupations in- In the "A" Residential and Agricul- to be part of this Ordinance, as if the eluding dressmaking, millinery or siml- tural District, the required front yard matters and things set forth by said lar handicrafts, PROVIDED the office, shall be at least thirty-five (35) feet map were all fully described herein, studio or occupational rooms are lo- from the street line. SECTION 202—No building shall be sated in a dwelling in which the prat- SECTION 305—Where property in erected, altered or used, and no prem- titioner resides or in a building asses- the vicinity is partly built up with ises shall .be used for any other than a sory thereto, and PROVIDED further, permanent buildings and an average Purpose permitted in the zone in which no goods are publicly displayed on the setback line of more or less than thirty such building or premises is located. premises and no sign or advertisement five (35) feet has been established, no SECTION 203—The boundaries be- is shown other than a sign not larger buildings, hereafter erected or altered, tween districts are, unless otherwise than two (2) square feet in total area, shall project beyond the line of the Indicated, either street lines, railroad bearing only the name and occupation average setback so established. rights-of-way or such lines extended (words only) of the practitioner. SECTION 306—In case of a corner or lines parallel thereto or boundaries 9—The sale at retail of farm garden lot of record at the time of the pas- of subdivisions. Where figures are or nurser products sage of this Ordinance, a front yard g y p produced on the shown on the zoning maps between a premises or of animals raised on the shall be required; same to be on a line with the average setback lines on both street and a district boundary line,they premises. One (1) advertising sign or streets produced se a point of inter- indicate that the district boundary line signs not exceeding twenty-four (24) Inter- runs parallel to the street line at a square feet in total area advertising section and if no average setback has distance as so indicated. When the the sale of farm garden or nursery been established then a front yard, location of a district boundary line products produced on the premises or thirty-five (35) feet deep, shall be re- is not otherwise determined, it shall of animals raised on the premises. quired on each street front, or may be be determined by the scale of the map 10—One (1) real estate sign not decreased as a special exception by the measured from a given line. Where the larger than twelve (12) square feet in Board of Appeals as hereinafter pro- street layout, actually on the ground, area on any one (1) or more lots, ad- vided. varies from the street layout as shown vertising the sale or letting of only SECTION 307--2'A" SIDE YARDS— on the zoningmaps, the designation premises on which it is maintained In the "A"Residential and Agricultural p , s shall the District, there shall be two (2) side shown -on the mapped streets shall and set back not less than the required ayards, one (1) on each side of thepply in such a way as to carry out front yard distance and not less than buildings, the total aggregate of both the real intent and purposes of this ten (10) feet from each side line. Ordinance for the particular area in When the advertising sign is for the sides to be twenty-five (25) feet and question. no one (1) side yard to be less than purpose of selling or leasing of acreage, wide. e ten (10) feet et SECTION 204—Where a district or the selling of lots in a subdivision, n (10) f that, in the case of a boundary line divides a lot in a single one (1) real estate sign,having an area lot held in single and separate owner- ownership at the time of passage of of not more than twenty-four (24) ship at the effective date of this Or- this Ordinance, the Board of Appeals, square feet, will be permitted on each dinance, of a width less than one hun- as hereinafter provided, may permit five hundred (500) feet to one thous- dred (100) feet or of an area less than the less restricted use to' extend to the and (1000) feet of frontage on the twelve thousand five hundred (12,500) whole or any part of such lot. highway or highways on which the feet, a single family dwelling may be ARTICLE III property fronts, PROVIDED said sign built thereon with side yards reduced "A" Residential and Agricultural is set back not less than the front yard fifty (50) percent and when further re- District restrictions required and not less than duced as a special exception by the SECTION 300—In the "A" Residen- ten (10) feet from each side line and Board of Appeals as hereinafter pro- tial and Agricultural District, no build- the bottom of sign be placed not less vided. Ing or premises shall be used and no than three (3) feet above the ground. SECTION 308—"A" REAR YARD— building shall be hereafter erected or If the property should have a frontage In the "A" Residential and Agricultur- altered unless otherwise provided in of less than five hundred (500) feet, al District, there shall be a rear yard this Ordinance, except for one (1) or the sign permitted shall have an area having a minimum depth of twenty- more of the following uses: of not more than twelve (12) square five (25) feet. 1—One (1) family dwellings. feet and the same restrictions shall PROVIDED that, in case of a lot Page 2 '. held,in single and separate owneri 8—Restaurants, bakery shops, con- ` ch ten (10) feet or fraction therof • at the effective date of this Ordinance, fectionery ar ice cream shops or fac- tch the building exceeds forty (40) having a total depth of less than one tories. feet in height. hundred (100) feet, a single family 9—Public garages or automobile ser- SECTION 407—"B" DENSITY OF dwelling may be built thereon with a vice stations when approved as a spec- POPULATION In the "B" Business rear yard of less than twenty-five (25) ial exception by the Board of Appeals District, no building shall hereafter be feet, when authorized as a special ex- as hereinafter provided. erected or altered to accommodate or ception by the Board of Appeals as 10-Storage houses, stables, express, make provisions for more than twenty hereinafter provided and PROVIDED carting or hauling offices or stations, (20) families on one (1) acre of ground further that in no case shall the rear ice manufacturing, yards for storage or more than a proportional number of yard be less than fifteen (15) feet. and sale of coal and building materials. families on a fractional part of any SECTION 309—"A" ACCESSORY 11—Newspaper offices or job printing, acre of land, based on the require- BUILDINGS—In the "A" Residential book binderies, laundries, dry cleaning ments as outlined above. and Agricultural District, accessory or dyeing, undertaking establishments. SECTION 408—COMMERCIAL AD- buildings may occupy forty (40) per- 12—Creamery, butter or cheese VERTISING BOARDS — In the "B" cent of the required rear yard up to making, milk bottling or distributing Business District, commercial advertis- an average height of eighteen (18) feet. stations. ing boards shall not exceed six (6) feet The yard area allowed by such ac- 13—Shops for carpenters, plumbers, high by ten (10) feet long, the bottom cessory buildings shall be included in blacksmiths, upholsterers, electricians, of which shall be at least three (3) computing the percentage of lot area tinsmiths, paper hangers, painters, feet from the ground and so placed as to be built upon and PROVIDED tailors, dressmakers, millinery shop, to be at least five (5) feet distant from further that no building of any kind shoemakers, jewelers, watch and clock all street and property lines. or nature shall be built within three makers, opticians, musical or scientific tSECTION 409—"B" SIZE OF LOT- (3) feet of any lot line. instruments, pet animals and other AREA—In the "B" Business District, SECTION 310—OFF-STREET PARK- trades or uses of a similar grade. no building shall be erected or altered ING AREA—In "A" Residential and 14—Commercial docks, piers, ferry on a lot of an area less than seventy- Agricultural Districts, no building shall slips, ferry houses, ,fishing stations, five hundred (7,500) square feet or be hereafter erected or altered or boat yards, bus stations and terminals. upon a lot having a frontage of less added to in excess of fifty (50) percent 15—Any manufacturing, fabricating, than fifty (50) feet. of its area prior to the adoption of treating, converting, finishing, altering SECTION 410 — OFF - STREET this Ordinance, unless not less than or assembling, in connection with the PARKING AREA — In "B" Business one (1) parking space for each family aforesaid permitted uses and which is District, no building shall be hereafter unit therein shall be provided for. For a necessary incident and accessory to erected, or altered or added to in ex- all places of public assembly including the preparation of articles to be sold cess of fifty (50) percent of its area auditoriums, churches and similar pub- primarily on the premises or to the prior to the adoption of this Ordinance, lic gathering places erected, there shall performing of a service primarily for unless a minimum provision for off- be provided not less than one (1) park- residents of the neighborhood. street parking shall be made as follows: ing space for each seven (7) permanent 16—Accessary use on the same lot (a) Hospitals — One (1) parking seats in such buildings or for each with and customarily incidental to any space for every four (4) beds. part of the total area within such of the above permitted uses. (b) Theatres—One(1)Parking space building or structure as is or may be SECTION 401. No building may be for every (7) seats. made available for seven (7) perman- erected, altered, or used, and no lot or (c) Dwellings — One (1) parking ent or temporary seats. The formula premises except for agriculture may be space for every dwelling unit for providing an adequate parking used for any trade, industry or business (d) Hotels— One (1) parking space area is an area of three hundred thirty- that has been adjudicated a public for every two (2) rooms. four (334) square feet per required mo- nuisance by a court of record. (e) All places of public assembly for vehicle unit SECTION 402—"B" HEIGHT—In such as auditoriums, churches and for ARTICLE IV the "B" Business District, no building similar uses — One (1) parking space "B" Business District hereafter erected or altered shall ex- for each seven (7) permanent seats or SECTION 400—In the "B" Business teed fifty (50) feet. an area equivalent to seven (7) per- District, no building or premises shall SECTION 403—"B" BUILDING manent seats. be used, and no building shall be here- AREA—In the "B" Business District, (f) All structures where offices or after erected or altered unless other- no building shall be erected or altered living quarters are provided over the wise provided in this Ordinance, ex- or used in whole or in part as a dwell- first floor, an additional space shall be cept for one (1) or more of the fol- ing to exceed seventy (70) percent of provided for each office or for each lowing uses: the lot area. dwelling unit. i—One (1) family or two (2) family SECTION 404—"B" FRONT YARD— (g) All other business buildings dwellings; multiple family dwellings In the "B" Business District, the re- where the ground floor area is in ex- (provided all requirements as are out- quired front yard shall be at least cess of two thousand flv+e hundred lined in "A" Residential and Agricul- twenty-five (25) feet. (2,500) square feet — One (1) Parking tural District are complied with). SECTION 405—Where property in space for each two hundred (200) 2—All permitted uses as outlined in the vicinity is partly built up with square feet of building area or frac- 'A" residential and Agricultural Dis- permanent buildings and an average tion thereof in excess of two thousand trict. setback line has been established, no five hundred (2,500) square feet. 3—Hotels, motels, motor lodges, buildings hereafter erected or altered The formula for providing an ade- boarding houses and similar establish- shall project beyond the line of the quate parking area is an area of three ments. average setback so established. hundred thirty-four (334) square feet 4—Hospitals and clinics, other than SECTION 406—"B" REAR YARD— per required motor vehicle unit. those for infectious or contagious dis- In the "B" Business District,if a build- ARTICLE V eases, or insanity or mental diseases, ing is used in whole or in part as a "C" Industrial District or liquor or drug addicts. having a minimum depth of fifteen SECTION 500—In the "C" Industrial 5—Offices, banks, financial institu- dwelling, there shall be a rear yard District, all buildings and premises, ex- tions, telephone, telegraph, gas or elec- (15) feet. PROVIDED further that, in cept as otherwise provided in this tric business. the case such building is over forty (40) Ordinance, may be used for any use 6—Stores. feet high, the depth of the rear yard except the following: 7—Places of amusement. shall be increased five (5) feet for 1—Abattoirs (except as a special ex- Page 3 ^ cgption by, the Board of Appeals In the "C" Industrial District, if a deemed to apply to the temporary -hereinafter provided). building is used in whole or in part as seasonal camp of any unit of the 2—Acetylene gas manufacture or gas a dwelling, there shall be a rear yard Boy Scouts of America or the Girl manufacture from coal,coke,petroleum having a minimum depth of fifty (50) Scouts of America or other such or- or from any other product or the stor- feet. ganizations under the leadership pro- age thereof. SECTION 502—COMMERCIAL AD- vided by said organizations respec- 3—Acid manufacture. VERTISING BOARDS—In the "C"In- tively. 4—Ammonia, bleaching powder or dustrial District, commercial advertis- ARTICLE VII chlorine manufacture. ing boards shall not exceed six (6) feet Applications and Permits 5—Arsenal, high by ten (30) feet long, the bottom SECTION 7o0. It shall be the duty 6—Asphalt manufacture. of which shall be at least three (3) of the Building Inspector, or such per- 7—Blast furnace feet from the ground and so placed as son as designated by the Town Board, 8—Cement, lime, gypsum or plaster to be at least five (5) feet distant from and he is hereby given the power and of paras manufacture. all street and property lines. authority to enforce the provisions of 9—Coke ovens. SECTION 503—"C" FRONT YARD— this Ordinance. 10—Crematories. In the "C" Industrial District, the re- SECTION 701—The Building Inspec- 11—Distillation of bones. quired front yard shall be at least for shall require that the application 12—Dwellings, all types. thirty (30) feet, provided further that for a building permit and the accom- 13—Explosives, manufacture or stor- where property is bounded on any side panying plot plan shall contain all the age. by a railroad right-of-way or on a rear information necessary to enable him 14—Fat rendering. line by a railroad right-of-way, there to ascertain whether the proposed 15—Fertilizer manufacture shall be a setback along the entire building complies with the provisions 16—Fire works manufacture. length of such railroad right-of-Way of xhis Ordinance. 17--Garbage, offal or dead animals, or private right-of-way of at least SECTION 702—No building permit reduction or dumping (except as a thirty (30) feet. shall be issued until the Building In- special exception by the Board of Ap- SECTION 504—"C" SIZE OF LOT- spector has certified that the proposed peals as hereinafter provided) . AREA—In the "C" Industrial District, building or addition complies with all 18—Glue, size or gelatine manufac- no building shall be erected or altered the provisions of this Ordinance. ture. on a lot of an area less than twelve SECTION 703—A permit will be re- 19—Gunpowder manufacture or stor- thousand five hundred (12,500) square tluired prior to the commencing of work age. ;feet or upon a lot with a frontage of for the erection or additions to all resi- 19A—Automobile wrecking and all less than one hundred (100) feet. dente, business and industrial build- other junk yards_ SECTION 505 — OFF - STREET ings. Accessory buildings including all 20—Oilcloth or linoleum manufacture. PARKING AREA—In the "C" Indus- types of farm buildings except migrant 21—Oiled, rubber or leather manufac- trial District, no building shall be camps do not require a permit provided ture. hereafter erected or altered or added that all use, height and yard require- 22—Ore reduction. to in excess of fifty (50) percent of its ments have been complied with. 23—Paint, oil, shellac, turpentine or area prior to the adoption of this Ordi- SECTION 704—All permit fees and varnish manufacture. nance, unless a minimum provision for fees for certificates of occupancy shall 24—Paper and pulp manufacture. off-street parking shall be made as be established by the Tovm Board. 25—Petroleum refining. follows: SECTION 705—For each Application 26—Potash works, (a) All buildings where the ground or Appeal to the Board of Appeals as 27—Rolling mill. floor area is two thousand five hundred hereinafter provided, there shall be a 28—Rubber or gutta percha manufac- (2,500) square feet — One (1) parking fee of fifteen dollars ($15.00) accom= ture. space for each two hundred (200) panying the Application or Appeal. 29—Salt works. square feet of building area or fraction SECTION 706—All permits shall ex- 30—Sauerkraut manufacture thereof in excess of two thousand five pure in one (1) year of issuance thereof, 31—Shoe blacking or stove polish man- hundred (2,500) square feet. the renewal fee to be one half ('fa) ufacture. (b) All places of public assembly — the original fee. 32—Smelting. One (1) parking space for each seven SECTION 707— For each proposed 33—Soap manufacture. (7) permanent seats or an area equiv- change of the Ordinance or change of 34—Stockyards or slaughter houses alent to seven (7) permanent seats. the Zoning Map as provided by Section (except_as a special exception by the (c) All structures where offices are 902 of Article IX of this Ordinance, Board of Appeals as hereinafter pro- provided over the first floor — An ad- there shall be a fee of twenty-five dol- vided). ditional parking space shall be pro- lars ($25.00) accompanying the petition. 35—Stone mill or quarry. vided for each office. ARTICLE VIII 36—Structural steel or pipe works. The formula for providing an ade- Board of Appealp 37—Sulphuric, nitric or hydrochloric quate parking area is an area of three SECTION 800 — The Town Board acid manufacture. hundred thirty-four (334) square feet shall appoint a Board of Appeals con- 38—Sugar refining, per required motor vehicle unit. sisting of five (5) members as provided 39—Tar distillation or manufacture. ARTICLE VI by the Town Law. 40—Tar roofing or waterproofing man- Tourist Camps, Camp Cottages SECTION 801-A-The Board of Ap- ufacture. and Trailers peals,may, in a specific case after pub- 41—Tallow, grease or lard manufac- SECTION 600 — PERMITS RE- lic notice and hearing, and subject to ture. QUIRED—No tourist camp shall-be es- appropriate conditions and safeguards, 42—Tanning, curing or storage of tablished, maintained or operated in determine and vary the application of rawhides or skins. any district, nor shall any tent, tent- the regulations herein established in 43—Tobacco (chewing) manufacture house, camp-cottage, house-car or harmony with their general purpose or treatment. trailer, to be used or occupied as a and intent as follows: 44—Vinegar manufacture. place for living, sleeping or eating, B. VARIANCE POWERS. (MAT- 45—Yeast plant. whether charge is or is not made, be TERS OF APPEAL TO THE BOARD And in general those uses which erected or placed therein, unless au- OF APPEALS). are authorized as a special exception thorized by the Town Board pursuant Where there are practical difficul- by the Board of Appeals as hereinafter to the provisions of the Trailer Camp ties or unnecessary hardships in the provided Ordinance dated June 30, 1953. way of carrying out the strict letter of SECTION 501—"C" REAR YARD— SECTION 604—Article VI shall not these regulations,the Board of Appeals Page 4 shall have the power to vary,or mod' tional facilities, if existing, or if pro- tn (10) feet, the said minimum rear the application of such regulations posed by the Town or by other com- side yards shall be increased by that the spirit of the Ordinance shall petent Governmental agency; (1) foot for each additional ten be observed, public safety and welfare (8) To the necessity for bituminous (10) feet of such extension. secured and substantial justice done. surfaced space for purposes of off- SECTION 802—The Board of Ap- C. SPECIAL POWERS AND RULES street parking of vehicles incidental peals shall make rules as to the man- (MATTERS OF ORKIINAL JURIS- to the use, and whether such space is ner of filing appeals or applications DICTION AND BY APPLICATION TO reasonably adequate and appropriate for special exceptions or variances THE BOARD OF APPEALS). and can be furnished by the owner SECTION 803—Upon the filing with (I) Whenever a use, or the location of the plot sought to be used within the Board of Appeals of an appeal or thereof, is permitted only if the Board or adjacent to the plot wherein the of an application for special exception of Appeals shall approve thereof, the use shall be had; or variance, the Board of Appeals shall Board of Appeals may, in a specific (9) Whether a hazard to life, limb fix a time and place for a public hear- case and after notice and public hear- or property because of fire, flood, ing thereon and shall give notice there- _ing, authorize such permissive use and erosion or panic may be created by of as follows: its location within the district in which reason or as a result of the use, or (a) By publishing a notice thereof this Ordinance specifies the permissive by the structures to be used therefor, in accordance with the Town Law. use may be located,subject, however to or by the Inaccessibility of the prop- ARTICLE IX the following: erty or structures thereon for the oon- Amendments (a) Before such approval shall be venient entry and operatoin of fire and SECTION 900—The Town Board given, the Board of Appeals shall de- other emergency apparatus or by the upon its own motion or by petition termine:— undue concentration or assemblage of may, from time to time, amend, sup- (1) That the use will not prevent persons upon such plot; piement, change, modify or repeal this the orderly and reasonable use of ad- (10) Whether the use, or the strut- Ordinance including the Zoning Map, jacent properties or of properties in tures to be used therefor, will cause by proceeding in the following manner: adjacent use districts; an overcrowding of land or undue con- SECTION 901—The Town Board by (2) That the use will not prevent centration of population; Resolution adopted at a stated meeting the orderly and reasonable use of per- (11) Whether the plot area is suf- shall fix the time and place of a mitted or legally established uses in ficient, appropriate and adequate for public hearing on the proposed amend- the district wherein the proposed use is the use and the reasonably anticipated ment and cause notice thereof to be to be located or of permitted or legally operation and expansion thereof; and given as follows: establishes uses in adjacent use dis- (12) Whether the use to be operated (a) By publishing a notice thereof tricts; ` is unreasonably near to a church, once a week for two (2) successive (3) That the safety, the health, the school, theatre, recreational area or weeks in two (2) Newspapers of gen- welfare, the comfort, the convenience other place of public assembly. eral circulation published m the Town. or the order of the Town will not be (c) The Board of Appeals shall, in (b) The notices shall state the lo- adversely affected by the proposed use authorizing such permissive uses, im- cation and general nature of the pro- and its location; and pose such conditions and safeguards posed amendment. (4) That the use will be in har- as it may deem appropriate, necessary (c) The Town Board, before adver- mony with and promote the general or desirable to preserve and protect tising for public hearing, shall, in a purposes and intent of this Ordinance. the spirit and objectives of this Or- written request, instruct the Town (b) In making such determination, dinance Planning Board to prepare an official the Board of Appeals shall also give (II) When, in its judgment,the public report defining the conditions de- consideration, among other things, convenience and welfare and justice scribed in a petition and determine the to will be substantially served, and pro- area so affected with their recommen- (1) The character of the existing vided that the legally established or dation. and probable development of uses in permitted use of neighborhood proper- SECTION 902—In case, however, of the district and the peculiar suitability ty and adjacent use districts will not a protest against such change, signed of such district for the location of any be substantially or permanently in- by the owners of twenty (20) percent of such permissive uses; jured, the Board of Appeals may,after or more, either of the area of land (2) The conservation of property public notice and hearing and subject included in such proposed change, or values and the encouragement of the to appropriate conditions and safe- of that immediately adjacent thereto, most appropriate uses of land; guards as outlined, authorize the grant- extending one hundred (100) feet - (3) The effect that the location of ing of a permit. therefrom, or of that directly opposite the proposed use may have upon the (a) Where a district boundary line di- thereto, extending one hundred (100) creation or undue increase of vehicular vides a lot which is proved to the satis- feet from the street frontage of such traffic congestion on public streets or faction of the Board of Appeals to have opposite land, such amendment shall highways; been in single and separate ownership not become effective except by the (4) The availability of adequate and at the effective date of this Ordinance, favorable vote of at least four (4) proper public or private facilities for and the total area of which lot has members of the Town Board. the treatment, removal or discharge not been diminished or increased since SECTION 903—At a public Hearing, of sewage, refuse or other effluent such date, the less restricted use may full opportunity to be heard shall be (whether liquid,solid,gaseous or other- be adjusted to extend to the whole or given to any citizen and all parties in wise) that may be caused or created any part of such lot but not more than interest. by or as a result of the use; fifty (50) feet beyond the boundary ARTICLE X (5) Whether the use, or materials line of the use district in which said General Provisions Incidental thereto, or produced there- lot is located. SECTION 1000—In a Residential and by,may give off obnoxious gases,odors, (b) If the less restricted use shall Agricultural District where a lot abuts smoke or soot; be extended ten (10) feet or more on a parkway, the lot shall be con- (6) Whether the use will cause dis- within a residential use district, a sidered to front and have a front yard turbing emissions of electrical dis- permanent open space for a rear and on the street and also' on the parkway charges, dust, light, vibration or noise; side yard of not less than ten (10) and where the building accords with (7) Whether the operations in pur- feet shall be provided for and main- this section, a private accessory garage suance of the use will cause undue tained within the lot area as so ex- may be incorporated in the building or interference with the orderly enjoyment tended. Also in such event, if the less attached thereto regardless of distance by the public of parking or of recrea- restricted use be extended more than from streets. Page 5 SECTION 1001 — Notwithstanding SECTION 1006—On any corner lot, the minimum requiremnts for the any other provisions of this Ordinance no wall, fence or other structure shall promotion of the health,safety, morals all automobile or other junk yards in be erected or altered, and no hedge, or the general welfare of the Town. It existence and in effect at the date of tree, shrub, or other growth shall be is not intended by this Ordinance to in- this ordinance shall within the ex- maintained which may cause danger terfere with or abrogate or annul any piration of 3 years from same provide to traffic on a street by obscuring the Town Building Code, or any rules and suitable screening in the form of solid view, minimum of twenty (20) feet. regulations adopted or issued there- fencing or hedges completely around SECTION 1007 — NON-CONFORM- under, or the rules and regulations of the periphery of the area used for such ING USES—The lawful use of a build- the Department of Health of the Coun- storage purposes, and the type of fence ing existing on the effective date of ty of Suffolk, and not in conflict with or hedge shall be subject to the ap- this Ordinance, or authorized by a any of the provisions of this Ordin- proval of the Planning Board. building permit issued prior thereto, ance; PROVIDED, however, that SECTION 1002 — Notwithstanding may be continued although such use where this Ordinance imposes a greater any other provisions of this Ordinance, does not conform with the provisions restriction upon the use of buildings or any sign or commercial billboard in ex- of this Ordinance and such use may be premises or upon the height of the istence at the effective date of this Or- extended throughout the building law- building, or requires larger open spaces dinance in a Residential and Agricul- fully acquired previous to the said date. than are imposed or required by such tural District, shall, at the expiration A non-conforming use of a building Ordinance, rules and regulations, the of five (5) years from such date, be may be changed to a use of the same provisions of this Ordinance shall con- discontinued. The Board of Appeals or higher classification according to trol. may, however, permits its continuance the provisions of this Ordinance. SECTION 1011—REMEDIES—In case as a special exception as herein pro- Whenever a district shall hereafter be any building or structure is erected, vided. changed, any then existing non-con- constructed, reconstructed, altered, re- SECTION 1003—The PIanning Board forming use of a building in such paired, converted or maintained, or shall study the application of this Or- changed district may be continued or any building, structure or land is used dinance and shall, from time to time, changed to a use of a similar or higher in violation of this Ordinance, or of recommend to the Town Board such classification, provided all other regu- any regulations made pursuant thereto, changes in the Ordinance and in the lations governing the new use are com- in addition to other remedies provided boundaries of the various districts as plied with. Whenever a non-conform- by law, any appropriate action or pro- it shall deem advisable to further pro- Ing use of the building has been dis- ceeding whether by legal process or mote the health, safety, morals or the continued for a period of more than otherwise, may be instituted, or taken general welfare of the community. two years, or changed to a higher to prevent such unlawful erection, con- SECTION 1003a. — All labor camps classification, or to a conforming use, struction, reconstruction, alteration,re- where provision is made for the hous- anything in this Section to the con- Pair, conversion, maintenance or use, ing and feeding of transient help re- trary notwithstanding, the non-con- to restrain, correct or abut such vio- gardless of the number to be accom- forming use of such building shall no lation,to prevent the occupancy of said modated, shall first meet all require- longer be permitted unless a variance building, structure or land or to pre- ment of existing law. Farm labor to such non-conforming use shall first vent any illegal act, conduct, business camps on farms shall not be located have been granted by the Board of or use in or about such premises nearer to any other residence than to Appeals. SECTION 1012 — PENALTIES—For the residence of the employer except SECTION 1008 — TIDAL LANDS— any and every violation of the pro- as a special exception by the Board When the tidal lands are not shown as visions of this Ordinance, the owner, of Appeals The location of any other zoned on the Zoning Map, they shall general agent, or contractor of a build- labor camp or camps not on farms shall be considered to lie within the "A" ing or premises, where such violations be subject to the approval of the Zon- Residential and Agricultural District but have been committed or shall exist, ing Board of Appeals. no structure erected therein shall be and the general agent, architect, build- SECTION 1004—In any district, no erected upon such lands owned by the er, contractor or any other person who Public Garage for more than three (3) Town of Southold except upon the ap- knowingly commits, takes part or as- motor vehicles and no gasoline vending proval of the Board of Town Trustees. sists in any such violation or who station shall be erected or altered and SECTION 1009—VALIDITY—Should maintains any building or premises in used within two hundred (200) feet of any section or provision of this Or- which any such violation shall exist, any premises used for a public school, dinance be declared by a court of shall be guilty of a misdemeanor. Each public library, church, hospital or or- competent jurisdiction to be invalid, week's continued violation shall con- phanage. such decisions shall not effect the val- stitute a separate additional violation. SECTION 1005—PUBLIC PARKING idity of the Ordinance as a whole or Such fines or penalties shall be col- PLACE No Public lected as like fines are now collected $— p parking place any other part thereof. shall be conducted in any district ex- SECTION 1010—INrTERPREITATION, by law. cept as a special exception by the PURPOSE AND CONFLICT—In inter- Board of Appeals. preting and applying the provisions of this Ordinance, they shall be held to ADOPTED BY THE SOUTHOLD TOWN BOARD ON APRIL 9, 1957 Page 6