HomeMy WebLinkAboutZoning Code Update 09/19/1986 3rd Draft i
Third Draft
9/19/86
INDEX
Zoning Code Amendments
Article I - General Purposes
P
100-10 Purpose
100-11 Interpretation & Conflicts 1
100-13 Definitions '-10
Article 11 - Districts
100-20 District Designations 11
100-21 Zoning Map 11
100-23 Effect of Establishment of Districts 11
Article III - Agricultural-Conservation District
Low Density R-80, R-120, R-200, R-400 Districts
100-30 Purpose 11-12
100-31 Use Regulations 12-19
100-32 Bulk, area & parking requirements 19-20
100-33 Accessory buildings 20
Article IIIA - Low Density Residential R-40 District
100-30A Purpose 21
100-31A Use Regulations 21
100-32A Bulk, area E parking requirements 2.1
100-33A Accessory buildings 2'
Article IV - Hamlet Density Residential (HD) District
100-40 Purpose 22
100-41 Applicability 22
10C-42 Use Regulations '2
1 CO-43 Bulk, area S parking requirements
Article V - Affordable Housing District (AHD)
100-50 Purpose 24
100-51 Definitions 24
100-52 Applicability 24-25
100-53' Use Regulations 25
100-54 Bulk, area E parking requirements 25
100-55 Application Procedure 26-29
133-56 General Regulations 6 Requirements 29-31
00-57 Administration K'-32
1CC-58 Applicabil'sty of Town Code 32
Article VI - Resort Residential (RR) District
100-60 Purpose 33
100-61 Use Regulations 33-34
100-62 Bulk, area S parking requirements 34
Artic'e VII - Residential Office (RO) District
100-70 Purpose 35
100-71 Use Regulations 35-36
?G
100-72 Bulk, area S parking requirements
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Article VIII - Limited Business (LB) District
100-80 Purpose 37
100-81 Use regulations 37-38
100--82 Faulk, area & parking requirements 38
Article IX - Hamlet Business (HB) District
100-90 Purpose 39
100-91 Use regulations 39-41
100-92 Bulk, area & parking requirements 41
100-"3 Uses confined to enclosed buildings 41
Article X - General Business (B) District
100-100 Purpose 42
100-101 Use regulations 42-45
100-102 Bulk, area & parking requirements 45
Article X I - Reserved
Article XII - Marine Business (MB) District
100-120 Purpose 46
100-121 Use regulations 46-47
100-122 Bulk, area & parking requirements 47
Article XIII - Light Industrial Park/Planned Office (LIO) District
100-130 Purpose 48
100-131 Use regulations 48-50
100-132 Bulk, area E parking requirements 50
Article XIV - Light Industrial (LI) District
100-140 Purpose 51
100-141 Use regulations 51
100-142 Bulk, area E parking requirements 51
Article XV - Density, Minimum Lot Size and Bulk Schedules
100-150 Existing Bulk E Parking Schedule 52
100-151 Density, Minimum Lot Size E Bulk Schedules 52
Density, E Minimum Lot Size Schedule for
Residential Districts 53
Bulk Schedule - Business, Office S Industrial
Districts 54
Bulk Schedule - Residential Districts 55
Density E Minimum Lot Size Schedule for
Non-Residential Districts 56
Articles XVI & XVII - Reserved
Article XVIII Cluster Development
100 120 Purpose 57
100- 181 Ap,.�!icability 57
Article XIX - Parking E Loading Areas
100-190 Purpose ' 61
100-191 Off-street parking areas 61-68
100-192 Off-street loading areas 69-70
Article XX - Signs
100-200 Purpose 71
100-201 Permits required E Administrative Procedures 71-72
100-202 General design principles 72-73
100-203 Sign prohibitions E general restrictions 73-71.
100-204 Limitation of sign content or copy 74
100-205 Regulations regarding specific types of signs 74-76
100-206 Unsafe, abandoned E unlawful signs 76-77
103-207 Continuation of existing signs 77
Article XXI - Landscaping, screening E Buffer Regulations
100-210 Purpose 78
100-211 General requirements 78-79
100-2.12 Front landscaped area 79
100-213 Transition buffer area 79-80
100-214 Landscaped parking area 80
100-215 Property adjacent to creeks 80
Article XXII - Reserved
Article XXI 1 I- Supplementary Regulations
100-230 Exceptions and modifications 81
100-231 Height of fences, walls E hedges 82
100-232 Corner lots 82
100-233 Building length E separation for buildings
containing multiple dwellings 82
100-234 Courts 82
100-235 Access requirements 82-83
100-236 Open storage 83
100-2.37 Prohibited uses in all districts 83-84
100-238 Provisions for community sewer, water 6
utility facilities 84
100-239 Land under water; filled land 84-85
100-239a Excavations - 85
100-239b Tourist camps,camp cottages E trailers 85
100-239c Berms 85-87
Article XXIV - Nonconforming Uses and Buildincs
100-240 Purpose 88
100-241 Nonconforming uses 88
100-242. Nonconforming buildings with conforming uses 38-89
100-243 Nonconforming buildings with nonconforming uses 89
100-244 Repairs and maintenance 89
100-1245 Involuntary moves . 89
Article XXV - Site Plan Approval
100-250 Purpose 90
100-25" General requirements 90
1010 -252 Objectives 90-91
100 253 Effect of Approval =11-92
100 2 j4 Procedu;-es 012--911
100 2.55 Site Pian elements 911 96
Article XXV) - Special Exception Uses
100-260 Purpose 97
100-261 Special exception uses ' 97
100-262 Rules of conduct & procedure for special
exception uses 97--98
100-263 General Standards 98-99
100-264 Matters to be considered 99-100
100-265 Additional Conditions S safeguards 1.00
Article XXV11 - Board of Appeals
100-270 Appointment; membership 101
100-271 Powers E duties 101-102
100-272 Additional conditions E safeguards 102
100-273 Rules of conduct E procedure 103
100-274 =ees 103
100-275 Notice of Hearing 103
Article XXVIII - Administration E Enforcement
100-280 Administrative E enforcing officer 104
100-281 Building Permits 104-106
100-282 Revocation of permit 106-107
100-283 Stop orders 107
100-284 Certificates of occupancy 107-108
100-285 Penalties for offenses 108
100-286 Remedies 108
Article XX1X - Amendments.
Present Article XV is renumbered XXIX and sections 100-150 to 100-152
renumbered 100-290 to 292 respectively) 109
Article XXX - Severability
100-300 Severability 109
1
LOCAL LAW NO. 1986
A Local Law to amend the Southold Town Zoning Code
and the Zoning Map incorporated therein, to implement,
in whole or in part, the recommendations of the Master Plan
Update prepared by the Planning Board
BE IT ENACTED by the Town Board of the Town of Southold as follows:
(additions indicated by underline; deletions by [brackets] .)
Chapter 100 of the Code of the Town of Southold (Zoning) is hereby
amended as follows:
1 . Article I , Section 100-10 (Purposes) , subdivisions E and G are
amended to read as follows:
E. The maximum protection of residential and historic areas.
G. The enhancement of the appearance of the Town of Southold as a
whole particularly its open and rural environment.
2. Article I, Section 100-10 (Purposes) is amended by adding two new
subdivisions thereto, to be subdivisions K and L, to read as follows:
K . The protection of the subsurface water supply and surface
waters.
L. The protection and enhancement of the coastal environment.
3. Article I, Section 100-11 (Conflicts) is amended by amending the title
of such section, and adding thereto a new subdivision, to be
subdivision C, all to read as follows:
Section 100-11. Interpretation and Conflicts.
C. In their interpretation and application, the provisions of this
chapter shall be held to bet the minimum requirements adopted for
the promotion of the public Realth, safety, and welfare. Except
where specifically provided to the contrary, it is not intended by
this local law to repeal, abrogate, annul or in any way to impair
or interfere with any rules, regulations or permits previous)
adopted or issued or which shall e a opted or issued pursuant
to law relating to the use of buildings, structures, shelters or
premises; nor is it intended by t is chapter to interfere with or
abrogate or annul any easements, covenants or other agreements
between parties.
4. Article I , Section 100-13, subdivision B, (Definitions and usages) is
amended by amending and/or adding the following terms:
B. Definitions and Usages. Unless otherwise expressly stated, the
following terms shall, for the purpose of this chapter, have the
meaning as herein defined. Any or term not noted below
shall be used with a meaning as defined in Webster's Tliirci New
International Dictionary of the English Language, unabridged (or
latest edition) .
ACCESS_- A physical entrance to property.
ACCESSORY APARTMENT - A dwelling_ unit created in a presently
existing one-family dwelling pursuant to Section 100-31B( 14)
ACCESSORY BUILDING OR STRUCTURE - A building or structure
detached from Lidding located—on the same lot as, and
customarily incidental and -subordinate to, the principal building
ACCESSORY USE - A [building or] use [clearly] customarily
incidental [or] and subordinate to, [and customary in connection
with, the principal or use on the same lot. ] the main use on a
lot, whether such "accessory use" is conducted—n a principal or
accessory buildin _ ----
ADDITION - A structure added to the original structure at some
time atter the completion R the. origina `-
AGRICULTURE - The production, keeping or maintenance, for
sale, lease or personal use, o pants and animals useful to man,
including but not limited to; forages and sod crops; grains and
seed crops, dair animals and dairy roducts, oultry and
poultryproducts; livestock, includingbee cattle, sheep, swine,
horses, ponies, mules, or oats, or an mutation o hybrids
thereof, includin the reedingand grazingo an or all of such
animals; bees and apiary products; fur animal-, fruits of all
kinds, includingrapes, nuts and berries; vegetables; floral,
ornamental and greenhouse products; or lands devoted to a soil
conservation or forestry management program
APPLICANT - The landowner or the agent, optionee, contract
purc aser or other person authorized in writing to act or the
landowner in submitting an application under this chapter.
APPLICATION FOR DEVELOPMENT - Theapplication form and all
accompan ing documents an ex ibits re uired o an applicant b
an approving authority or development and or site plan review
purposes.
AUTOMOBILE SALES LOT OR BUILDING - A lot or buildin used
or the sale or hire o automobile equipment. This shall be
interpreted to include new and used car dealerships and auto
accessory salesrooms but not the sale of junked automotive
equipment.
BED AND BREAKFAST - The renting of not more than three (3)
rooms in an owner occupied dwelling for lodging and serving of
breakfast to not more than six (6) casual and transient roomers,
provided that the renting of such rooms for such purpose is
clearly incidental and subordinate to the principal use of the
dwelling .
BERM - A structure composed primarily of earth intended for
r! ivac rte, security, enclosure, visual screening or noise abatement
BLOCK - An area bounded by one or more streets or a municipal
boundary and of suf icient size to accommodate a lot or lots of
minimum size required by this c apter.
BOARD OF APPEALS - The Zoning Board of Appeals of the Town
of Southold.
BUILDABLE AREA - The area of a lot remaining after the
minimum yard an open space requirements o t is chapter have
been met.
BUILDABLE LAND - The net area of a lot or parcel after
deducting wetlands, streams, ponds, slopes over 15 percent,
underwater land, easements or other restrictions preventin use
of such land for construction R buildings or development.
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BUILDING - Any structure having a roof supported by such
things as columns, posts, piers, walls, or air and intended for
the shelter, business, housing or enclosing ofpersons, animals,
property, or other materials. [Any] Also any combination of
materials forming any construction, except where entirely
underground so as to permit the use of the ground above same as
if no "building" was present; the term "building" shall include
the term "structure" as well as the following :
(1) Signs.
(2) Fences.
(3) Walls. [other than retaining walls projecting above the
ground not more than three (3) feet at the highest ground
level and not more than six and one-half (6z) feet at the
ground level.]
(4) Radio and television receiving and transmitting towers and
antennae, except for such antennae installed on the roof of a
building and extending not more than 20 feet above the
highest level of the roof of such building.
(5) Porches, outdoor bins and other similar structures.
BUILDING LINE - A line formed by the intersection of a
horizontal plane at average grade level and a vertical plane that
coincides with the exterior surface of the building on any side.
In case of a cantilevered section of a building, the vertical plane
will coincide with the most projected surface.
CERTIFICATE OF OCCUPANCY - A document issued by a Town
Building Inspector allowing the use and/or occupancy of
building an /or land, and certifying that the structure and/or
use of land and/or structures is in ompl lance wit a I state and
local codes, regulations ani3 requirements.
CLUSTER See Residential Cluster.
CLUB, BEACH - A not-for-profit corporation, as defined in
Section 102 of theNot-For-Profit Corporation Law of the State of
New York, located contiguous to a bay or Long Island Sound and
established for principal purpose of engaging in swimming in the
Sound or the bays, but excluding any_form of aviation, motorboat
racing or water skiing on inland waterways or similar hazardous
sports.
CLUB, MEMBERSHIP OR COUNTRY, OR GOLF COURSE,
NONPROFIT - A not-for-profit corporation, as defined in Section
102 of the Not- For-Profit Corporation Law of t e State of New
York, established for the principal purpose of engaging in
outdoor sports, such as golf, tennis, swimming, fishing, hunting
or similar activities, but not including any form of aviation,
outdoor trap, skeet or target shooting or motorboat racing. T e
activities of such a club shall be limited to its members and their
quests and shall not be extended to the..general public.
CLUB, YACHT - A not-for-profit corporation, as defined by
Section 102 of the Not-For-Profit Corporation Law of the State of
New York, establis ed for the rincipa purpose of engaging in
recreational boating. The activities o _such_ a yac t club shall be
limited to its members and t eir guests and shall not be extended
to the general public. The term "Yacht club ' shall be deemed —Co
inc ude the term "marina" but shall not be deemed to include the
term "boatyard" except for the out- of-water storage of member
boats.
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COMMON OPEN SPACE - An open space area within or related to
a site designated as a development that is available for the use of
all residents or occupants thereof.
COOPERATIVE - _A type of resort or multiple residence in which
persons have an ownership interest in the entity which owns the
building or buildings and, in addition, a lease or occupancy
agreement which entitles t em to occupy a particular dwelling unit
therein, regardless of whether, and in what manner, thedwellin
units are managed, leased, or of erwise made available for use by
persons other than the owners thereof.
CUL-DE-SAC - The turnaround at the end of a dead-end street.
CURB CUT - The opening along the curb line at which point
vehicles may enter or leave the roadway.
CUSTOM WORKSHOP- A business premises used for the making of
clothing, millinery, shoes or other personal articles to individual
order or measure, for sale at retail on the premises only, and not
including the manufacture of machinery, vehicles, appliances and
similar heavy goods, and ready-to-wear or standardized products.
DEDICATION - The conveyance of a fee or lesser interest in
property to public use, whic prec u es the owner or others
under him from asserting any right of ownership inconsistent with
the use for which the property is dedicated.
EASEMENT - A grant of the use of land for specific purposes.
FARM - For the purposes of this chapter a farm shall be
defined as a site or series of adjoining parcels under single
ownership or management devoted to agricultural use.
FARM BUILDINGS - All structures useful or necessary for the
conduct of agricultural activities including, but not limited to,
barns, silos, mechanical equipment storage sheds, animal pens or
other shelters.
FENCE - A vertical enclosure, solid or partially open, to prevent
straying from within or intrusion from without or intended to be
used as a visual screen. A fence is considered a structure for
the purposes of this chapter.
FISH PROCESSING - The readying of fish and shellfish for
shipping to market, including icing, cleaning, filleting, shucking,
and the cooking_ of crabs or lobster, but not includin other
cooking, canning, freezing, smoking or other "fish factory"
operations.
FLOOD HAZARD AREA - Land in the flood plain subject to a one
percent or greater chance o ood in any given year.
FLOOD PLAIN - The relatively flat area or low lands adjoining the
channel of a river, stream, watercourse, canal, or any body of
standing water, which as been or may be covered by flood water.
FLOOR AREA - The sum of the gross horizontal areas of all floors
of the building or buildings on a lot, having a clear height of not
less than six feet measured from the exterior faces of exterior
walls or from the center line of party walls separating two
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buildings, including cellar and basement areas. The floor area
shall not include: roof overhangs projecting less than three feet or
any floors or portions thereof contained on terraces or balconies
projecting beyond the exterior face of the building.
FLOOR AREA, LIVABLE - All spaces within the exterior walls of a
dwelling unit, exclusive of garages, breezeways, unheated
porches, cellars, heater rooms and approved basements having a
window area of less than ten percent of the square foot area of
the room. Usable floor area shall include all spaces not otherwise
excluded above, such as: principal rooms, utility rooms,
bathrooms, all closets and hallways opening directly into any rooms
within the dwelling unit. [and all attic space having a clear height
of six (6) feet from finished floor level to pitch of roof rafter with
a clear height of seven (7) feet six (6) inches from finished floor
level to ceiling level over fifty percent (500) of the area of such
attic space. ]
FRONTAGE - The width of a lot at the street line.
GARAGE, PRIVATE - A building used as an accessory to the main
building for the storage of one or more gasoline or other
power-driven vehicles owned and used by the owner or tenant of
the lot on which the garage is erected, for the storage of not
exceeding two additional vehicles (not trucks) owned or used by
others[ .] and in which no occupation, business or service for
profit is carried on without special permit.
GARAGE, REPAIR - A building, other than a private garage, used
for adjustment, painting, replacement of parts or other repair or
restoration of motor vehicles or parts thereof, whether or not
accessory or incidental to another use.
GASOLINE SERVICE STATION - A structure and surrounding land
used for the storage and safe of petroleum fuel primarily to motor
vehicles and for accessory uses such as the sale of lubricants,
accessories or supplies,- the incidental washing of motor vehicles
and the performing of minor repairs within a building; however, a
service station is not a repair garage nor a body shop.
GREENHOUSE - A structure for growing plants.
GROUND FLOOR - The first floor of a building other than a cellar
or basement.
GUEST UNIT - A bedroom-sleeping accommodation for transient
guests, which may or may not include bathroom facilities and shall
be occupied by no more than two adult persons and be at least 80
square feet in area.
HEIGHT [-] OF BUILDING - The vertical distance measured from
the average elevation of the existing natural grade before any
alteration or fill adjacent to the building to the highest pt
nt of
the roof for flat and mansard roofs, and to the mean eight
between eave and ridge for other type roofs.
HISTORIC BUILDING - See Landmark Designation.
HOMEOWNERS OR HOMES ASSOCIATION - A community association,
including a condominium association, which is organized in a
residential development in which individual owners have a shared
interest in the responsibility for open space or facilities.-
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� r
HOTEL OR MOTEL, RESORT - A building or group of buildings,
whether detached or in connected units, containing individual
guest units consisting of -a room arranged or designed to be
available for use as seeping quarters for transients on a daily
rental basis or for vacationers or other persons on a weekly rental
basis, provided that one such unit may connect directly with not
more than one other such unit. Each unit shall have a door
opening on the exterior of the building or on a common hallway
leading to the exterior. A "resort motel" _ may include such
accessory uses as a beach cabana, private dock, dining room,
restaurant or swimming pool, conference and meeting facilities, or
an accessory convenience shop, office orpersonalservice facility,
provided_ that such facility or shop is located within the building
without any external sign or display and off-street parking
facilities. The term "resort motel" shall not be construed to include
"transient motel" or "mobile ome park".
HOTEL OR MOTEL, TRANSIENT - A building or group of
buildings, whether detached or in connected units, containing
individual guest units consisting- of a room arranged or designed to
be available for use as sleeping and living quarters for transients
on a daily rental basis, provided that one such unit may connect
directly with no more than one other such unit and tat no
cooking facilities shall be avails e. Each such unit shall have a
door opening on the exterior of the building or on a common
hallway leading to the exterior. A "transient hotel or motel" may
include such accessory uses_ as an office, restaurant, accessory
personal services, swimming pool and off-street parking facilities.
The term "transient hotel or motel" shall not be construed to
include "resort motel" or "mobile a ome park," nor shall it be
deemed to include any dwelling unit except that of the owner or
manager.
JUNKYARD - Land occupied or to be occupied for storage of old
wood, paper, cloth or metal, including old automobiles, trucks,
equipment, machinery, _ fixtures and appliances not usable as
originally designed, and also including any portion of such old
automobiles, trucks, equipment or machinery as may be sold as
and for junk or salvage. The existence on any residential lot of
three or more unregistered automobiles or trucks not housed within
a building shall be deemed to be a junk yard. Public sanitary
landfills and the structures located thereon shall not be included
in this definition.
LANDMARK DESIGNATION - The designation of a building or
structure of architectural or Ristoric significance to the Town
through_ listing_ the property in the Town's Register of Designated
Landmarks and filing a copy of the entry in the Town Clerk's
office.
LANDSCAPING - An area of land restricted to landscape items
whicR may also include such elements as natural features, earth
berms, sculpture, signs, lighting, access-ways, bikeways and
pedestrian-ways.
LIGHT INDUSTRY - An activity which involves the . fabrication,
reshaping,-reworking, assembly` or combining oroducts from
previously prepared materials and which does not involve the
synthesis of chemical or chemical products other than for
pharmaceutical or research purposes or the processing of any raw
materials, except agricultural raw materials. Light industry
includes industrial operations such as electronic, machine parts
and small component assembly, as opposed to heavy industrial_
operations such as automobile assembly or milling activities.
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C
LOADING BERTH - A space at least 15 feet wide and 45
feet ong, awing a minimum 14 foot vertical clearance for loading
and unloading vehicles. No such space required by this chapter or
depicted on any site plan sh2II constitute a parking space.
LOT AREA - The area of a lot taken at its perimeter, exclusive of
any portion within a public or private street right-of-way.
LOT , INTERIOR - A lot other than a corner lot or a through lot.
LOT LINE, FRONT - The lot line separating a lot from a street
right-o -way; also referred to as streetline."
LOT LINE, SIDE - Any lot line other than a front or rear lot line.
LOT, REAR OR FLAG - A lot located in such a position that it is
to the rear of some other lot fronting on the same street and
served by means of an accessway.
LOT, THROUGH - A lot which fronts upon two streets which do
not intersect at the boundaries oft the lot.
LOWER AND MODERATE COST HOUSING - Housing which is
constructed and kept availa le or ami ies or individuals with low
or moderate income, including _ senior citizens, as definedby the
Town Board.
MASTER PLAN - A plan for the development of all or portions of
the Town of Southold, preeared for or by the Planning Board
pursuant to Section 272-a of the Town Law, which plan indicates
the general locations of physical development within the Town, and
includes any unit or part of such an separately adopted and an
amendment to such plan or parts therein.
MEAN HIGH WATER (MHW) - Average height of high waters datum
reported by the U. S. Geological Survey.
MOTEL, RESORT - See Hotel or Motel, Resort.
MOTEL, TRANSIENT - See Hotel or Motel, Transient.
NONCONFORMING BUILDING OR STRUCTURE - A building or
structure leqally existing on the effective date of this chapter or
any applicable amendment thereto, but which fails by reason of
such adoption, revision or amendment to conform to the present
district _ _regulations for any prescribed structure or building
requirement, such as front, side or rear yards, building_ height,
building areas or lot coverage, lot area per dwelling unit, dwellinq
unit_s__per building, number of parking and loading spaces, etc._,
but which is continuously maintained after the effective date of
these regulations.
NONCONFORMING LOT - A lot the area, or, dimension of which
was lawful prior to the adoption, revision or amendment of this
c apter, but which fails to conform to the requirements of the
zoning district in which it is located by reason of such adoption,
revision or amendment.
P•ONCONFORiVING USE - [anyl A_ use, whether of a buildinG, sign
or tract of land, [or both] or combination_o_f_these, legally
er.istinu on the effective date of this chapter, which does not
conforra to the present use regulations of the district in which it
is located, but which is continuously maintained after the effective
date of these reculations.
NURSERY SCHOOL - A building or buildings, together with any
accessory uses, buildings or structures, used as an organized
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instructional facility for five or more enrolled children under six
years of age other than the children of the resident Tamil and
not furnishing sleeping faciTitiesexcept to the resident family.
OFF-STREET PARKING SPACE - A space for the parkin of one
motor vehicle within a pub is or private parking area, but not
within a public street.
OPEN SPACE - Any parcel or area of land or water essentially
unimproved and set aside, dedicated, designated or reserved for
public or private use or enjoyment or for the use and enjoyment of
owners and occupants of land adjoining or neighboring such open
space; provided that such areas may be improved vlt_honly those
buildings, structures, streets and off-street parking and other
improvements that are designed to be incidental to the natural
openness of the land.
OUTDOOR STORAGE - The kee in , in an unroofed area, of any
goods, junk, materia , merchandise, or vehicles in t e same place
or more than twenty-four ours.
OWNER - The term shall be construed to include the duly
authorized agent, attorney, pure aser, devisee, iduciary or any
other person having vested or contingent interest in the property
in question. '--
PARKING LOT - An off-street, ground level area, surfaced and
improved for the temporary storage of motor vehicles.
PERFORMANCE GUARANTEE - Any security which may be accepted
by the Town as a guarantee that improvements required as part of
an application for development are satisfactorily completed
PERSON - Any association, partnership, corporation, cooperative
group, trust or other entity as well as an in ividua .
PLANNING BOARD - The Planning Board of the Town of Southold
PLAT - The map of a subdivision.
PRINCIPAL USE - The main or primary purpose or purposes for
which land and/or structure(s) is desi ned, arranged," used or
intended to be used or for which such land and/or structure(s)
may be occupied or maintained under this chapter.
PROFESSIONAL OFFICE - The office of a member of a_recognized
profession or occupation, including architects, artists, authors,
dentists,_ doctors, lawyers, ministers, musicians, optometrists,
engineers, and such other similar profession or occupations which
may be so designated by the Board of Appeals.
RECREATION FACILITY, COMMERCIAL - An indoor or outdoor
privatel operated business invoT-vin la in fields, courts,
arenas or halls ned to accommodate sports and recreational
activities such as billiards, bowling, dance halls,- gymnasiums,
health spas, skating rin s, shooting ranges, tennis courts and
swimming pools.
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r C • ('�
RECREATIONAL VEHICLE - A vehicular type portable structure
without permanent foundation, which can be towed, hauled or
driven and primarily designed as temporary living accommodation
for recreational, camping and travel use and including but not
limited to travel trailer, truck campers, camping trailers and
self-propelled motor homes.
RESEARCH LABORATORY - A building for experimentation in pure
or applied research, design, development, and . production of
prototype machines_ or devices, or of new products, and uses
accessory thereto, wherein products are not manufactured for
wholesale or retail sale; wherein commercial servicing or repair of
commercial products is not performed; and where there is no
display of any materials or products.
RESIDENTIAL CLUSTER - An area to be developed as a single
entity according to a plan containing residential housing units and
having a common or public open space.
RESTAURANT - Any premises where food is commercially sold for
on- premises_ consumption to patrons seated at tables or counters.
Any facility making use of carhop or parking lot service to cars or
for the consumption of food to be eaten in said cars or outdoors,
shall not be considered a 'restaurant" for the purpose of this
chapter, and shall be deemed to be a "drive-in or fast-food
restaurant."
RESTAURANT, DRIVE-IN OR FAST FOOD - Any establishment
whose principal business is the sae o oods, frozen desserts, or
beverages to the customer in a ready to consume state, usually
served in paper, plastic, or other disposal containers, for
consumption within the restaurant building, elsewhere on the
_premises, or for carryout, or consumption off the premises.
RETAIL STORE - An enclosed structure where goods are offered
for sale to the public - as take-out items, including hardware,
drugs, food and beverage, furnishings, apparel and simi ar
products. Minor repair services within the establishment may be
undertaken as part of product sales.
RIGHT-OF-WAY LINES - The boundary lines of land used or
intended for use as streets, as shown on deeds, plats, or the
Master Plan, and from which yard and other requirements shall be
measured.
!ROADSIDE FARM STAND, AGRICULTURAL STAND - A booth, stale
or display area exceeding fifty (50) square feet in area located on
a farm from which cgriculturvl products are sold to the general public_
SEPTIC TANK - A water-tight receptacle that receives the
discharge of sewage from a building, sewer or_ part thereof and is
designed and constructed so as to permit settling of solids,
digestion of the organic matter, and discharge of the liquid portion
into a disposal area.
SETBACK - An area extending the full width of the lot described
or a distance between the street rig_ t-o -way an building for e
full required front yard depth within which no buildings or parts
of buildings may be erected.
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0
SITE PLAN - A development plan for one or more lots on which is
shown (1) the existing and proposed conditions of the lot,
including but not necessarily limited to topography, vegetation,
drainage, flood tains, marshes and waterways, (2) the location of
all existing an proposed buildings, drives, parking spaces,
walkways, means of ingress and egress, drainage facilities, utility
services, landscaping, structures and signs, lighting, screening
devices, and 3 any other information that may be reasonably
required in order to make an informed determination pursuant to
this chapter for the review and approval of site plans by the
Planning Board.
SPECIAL EXCEPTION USE - A use that is deemed appropriate in a
particular district i specified con itions are met.
SWIMMING POOL - A structure containing an artificial body of
water, which is greater than six feet long or wide, and greater
than 18 inches in depth at an oint. Natural or man-made ponds
all banks of which have a slope of less than 45 degrees shall not
Ge included in this definition.
TOWN BOARD - The Town Board of the Town of Southold.
TOWNHOUSE - A dwelling unit in a building_ containing at least
three connected dwelling units divided by common vertical arty
walls, with private entrances to each dwelling. A townhouse may
include dwelling units owned in fee simple or in condominium or
cooperative ownership or any combination thereof.
TRAILER OR MOBILE HOME - Any vehicle mounted on wheels,
movable either by its own power or by being drawn by another
vehicle, and equipped to be used for living or sleeping quarters
or so as to permit cooking. The term "trailer" shall include such
vehicles if mounted on temporary or permanent foundations with
the wheels removed and shall include terms "automobile trailer" and
"house car."
USE - The purpose for which land or a structure is arranged,
designed, or intended, or for which either land or a structure is
or may be used, occupied or maintained.
YARD LINE - A line drawn parallel to a street or lot line at a
distance therefrom equal to the respective yard dimension required
by this chapter. `-
ZONE - A finite area of land, as designated by its boundaries on
the Zoning Map, -throughout which specific and uniform regulations
govern the use of land and/or the location, size and use of
buildings.
ZONING BOARD - See Board of Appeals.
ZONING MAP The map annexed to and made part of this chapter,
indicating zone boun arses.
-10-
5. Article 11, Section 100-20 (District designations) is repealed and a new
Section 100-20 is added, to read as follows:
Section 100-20. District designations.
For the purpose of this chapter, the Town of Southold, outside of the
incorporated Village of Greenport, is h.ereby divided into districts
designated as follows:
A-C - Agricultural-Conservation District (Two acre minimum)
R-80 - Residentia Low Density District Two acre minimum)
R-40 - Residential Low Density District (One acre minimum)
Kesidential Low Density Uistrict (Three acre minimum)
R-200 - Residential Low Density District (Five acre mimimum)
R-400 - Residential Low Density District (Ten acre minimum)
HD - Hamlet Density Residential District
AHD - Affordable Housing District
RR - Resort Residential District
RO - Residential Office District
HB - Hamlet Business District
LB - Limited Business District
B - General Business District
MB - Marine Business District
L1O - Light Industrial Park/Office Park District
LI - Light Industrial District
6. Article 11, Section 100-21 (Zoning Map) is amended to read as follows:
Section 100-21 . Zoning Map.
The boundaries of the said districts are hereby established as shown on
the [Building Zone] Zoning Map dated , which
accompanies this chapter and which, with all explanatory matter
thereon, is hereby adopted and made a part of and incorporated into
this chapter. Said map, indicating the latest amendments, shall be kept
up-to-date and a copy thereof shall be kept in the office of the
Building Inspector for the use and benefit of the public.
7. Article 11 , Section 100-23 (Effect of Establishment of district) ,
subdivision E is amended to read as follows:
E. Any use not permitted by this chapter shall be deemed to be
prohibited. Any list of prohibited uses contained in any section of
this chapter, shall be deemed to be not an exhaustive list, but to
have been included fort the purposes of clarity and emphasis.
8. Section 100-31 . 1 and Section 100-33 of Article III are repealed, and
remainder of said Article III is amended as follows:
ARTICLE III
[A Residential and Agricultural District]
Agricultural-Conservation A-C District
Low Density Residential R-80, R-120, R-200, R-400 Districts
Section 100-30. Purpose.
The purpose of the Agricultural-Conservation (A-C) District and the
Low Denser Residential R-80, R-120, R-200 and R-400 Districts is to
reasonably control, and to the extent possible prevent, the unnecessary
loss of those currently open lands within the Town containing
large and contiguous areas of prime agricultural soils which are
the basis for a significant portion o the Town's economy and those
areas with sensitive environmentalfeatures" including =aquifer
rec arge areas and bluffs. In aaddltion these areas provide the
open rural environment so hig ly valued by year-round residents
ani those persons w o support t e Town_ of Sout o d's recreation,
resort and second home economy. The economic, social and
aesthetic benefits which can be obtained or all citizens by limiting_
lossof such areas are well documented, an hd ave inspired a host
of governmental programs designed, with varying degrees of
success, to achieve this result. For its part, the Town is
expending large sums of money to protect existing farm acreage.
At the same time, the Town has an obligation to exercise its
authority to reasonably regulate the subdivision and development
of this land to further the same purposes, while honoring the
legitimate interests of farmers and other farmland owners.
[Section 100-301 Section 100-31. Use regulations.
In an [A] A-C District, no building or premises shall be used,
and no building or part of a building shall be erected or altered
which is arranged, intended or designed to be used, in whole or
in part, for any uses except the following:
A. Permitted uses.
(
IJ One-family detached dwellings, not to exceed one
dwelling on each lot.
( 2J The following commercial agricultural operations and
accessory uses thereto, including irrigation, provided
that there shall be no storage of manure, fertilizer or
other odor or dust- producing substance or use, except
spraying and dusting to protect vegetation, within 150
feet of any lot line:
(a.) The raising of field and garden crops, vineyard
and orchard farming, the maintenance of nurseries
and the seasonal sale of products grown on the
premises subject to the following special
requirements:
(.1) All [one-story] buildings [or structures] for
display and retail sales of agricultural and
nursery products grown [primarily] on the
premises shall not exceed 1,000 square feet in
floor area [ .] or one story in height. Display
of produce, at a roadside farm stand shall be
not less than 10 feet from all street and lot
lines. Any roadside farm stand in excess of
[One hundred 1.00.) ] fifty (50) square feet in floor
area shall be set back twenty (20) feet from the
street line. Any stand in existence at the effective
date of this chapter must, within one year, comply
with all of the provisions hereof.
(2) All signs shall conform to the provisions of
[Section 100-30C(6) (b) ] Section 100-31C(9) .
(3) Off-street parking ahs required in the Parking
Schedule shall be provided and shall be
approved by the Planning Board. Any roadside
stand in existence on the effective date_ of this
paragraph must, within one (1) year from such
date, comply with the provisions hereof.
-12-
(b. ) The keeping, breeding, raising and training of
horses, domestic animals and fowl (except ducks) on
lots ten (10) acres or more.
(c. ) Barns, storage buildings, greenhouses (including
plastic covered) , and other related structures,
provided that such buildings shall conform to the
yard requirements for principal buildings.
(3.) Buildings, structures and uses owned or operated by the
Town of Southold, School Districts, Park Districts and Fire
Districts.
B. Uses permitted by special exception by the Board of Appeals.
The following uses are permitted as a special exception by the
Board of Appeals, as hereinafter provided, and , and except
for the uses set forth in subdivision (15) hereof, are subject to
site plan approval by the Planning Board in accordance with
Article XIII hereof:]
(1. ) Two-family dwellings [, conversions of existing buildings
and new construction, ] not to exceed one such dwelling on
each lot.
(2) Places of worship, including parish houses (but excluding a
rectory or parsonage, which shall conform to the requirements
for a one-family dwelling) , subject to the following requirements.
(a) No building or part thereof shall be erected nearer than
fifty (50) feet to any street line and nearer than 20 feet
to any lot line.
(b) The total area covered by all principal and accessory
buildings shall not exceed twenty (200 ) percent of the
area of the lot.
(3) Private elementary or high schools, colleges and other educational
institutions, subject to the following requirements.
(a) No building shall be less than fifty (50) feet from any
street or lot line.
(b) The total area occupied by all principal and accessory
buildings shall not exceed twenty (20%) percent of the
area of the lot.
(c) Any school shall be a nonprofit organization within the
meaning of the Internal Revenue Act and shall be registered
effectively thereunder as such.
(d) Any such school shall occupy a lot with an area of not
less than five acres plus one acre for each 25 pupils for
which the building is designed.
(4) Nursery schools.
(5) [Libraries,] Philanthropic, eleemosynary or religious institutions,
hospitals, nursing and rest homes or sanitaria for general medical
care, but excluding facilities for the treatment of all types of
drug addition, subject to the following requirements :
(a) No building or part thereof or any parking or loading area
shall be located within one hundred (100) feet of any
street line nor within fifty (50) feet of any lot line.
(b) The total area covered by principal and accessory buildings
shall not exceed twenty (20%) percent of the area of the
lot.
(c) The maximum height shall be thirty-five (35) feet or two
and one-half (21) stories.
(d) The entire lot, except areas occupied by
buildings or parking or loading areas, shall
be suitable landscaped and properly maintained.
(e) Sufficient exterior illumination of the site shall
be required to provide convenience and safety.
All such illumination shall be shielded from
the view of all surrounding streets and lots.
(f) Any nursing home, hospital or sanitarium shall
meet the following standards:
[ 1] (i) All buildings shall be of fire-resistive
construction.
[2] (ii) All such uses shall be served by
adequate water and sewer systems
approved by the Suffolk County
Department of Health.
[3] (iii) Patients suffering from communicable
diseases shall not be permitted in
any nursing home or sanitarium
(communicable diseases are defined
by the Sanitary Code of the Public
Health Council of the State of New
York) .
[41 (iv) Eight Thousand (8, 000) square feet
of lot area shall be provided for each
patient bed.
[ (5) ] (6) Public utility rights-of way as well as structures and other
installations necessary to serve areas within the Town,
subject to such conditions as the Board of
Appeals may impose in order to protect and promote the
health, safety, appearance and general welfare of the
community and the character of the neighborhood in
which the proposed structure is to be constructed.
[ (6) ] (7) [Fraternity houses,] Beach clubs, tennis clubs, country
clubs, golf clubs, public golf courses, and annual
membership clubs catering exclusively to members and
their guests, and accessary playgrounds, beaches,
swimming pools, tennis courts, recreational buildings,
and maintenance buildings, subject to the following
requirements:
(a) No building or part thereof or any parking or
loading .area shall be located within one hundred
(100) feet of any street line or within fifty (50)
feet of any lot line.
(b) The total area covered by principal and
accessory buildings shall not exceed twenty
(20%) percent of the area of the lot.
(c) Such use shall not be conducted for profit as a
business enterprise.
(d) No such use shall occupy a lot with an area of
less than three (3) acres.
(e) The direct source of all exterior lighting shall be
shielded from the view of surrounding residential
lots.
[ ( 7) ] (8) Children's recreation camps organized primarily for seasonal
use and subject to the following requirements:
(a) No building, tent, activity area or recreation facility
shall be less than two hundred (200) feet from any
lot line, and any such building, tent, activity area
or recreation facility shall be effectively screened
therefrom as required by the Planning Board. Buildings
intended for use as sleeping quarters shall be not less
than thirty (30) feet from each other, except tents,
which shall be not less than ten (10) feet apart.
(b) The minimum lot area shall be not less than ten thousand
(10, 000) square feet for each cottage, tent or other
principal building, and not less than three thousand
(3,000) square feet of land area shall be provided for
each person accommodated in the buildings or tents
on the premises.
(c) All outdoor lighting shall be arranged and/or sheilded
to eliminate the glare of lights toward nearby residential
lots, streets or other public facilities.
(d) The sound level of all outdoor public-address systems
shall not exceed the intensity tolerable in a residential
neighborhood.
L %8) 1 (9) (Labor camps, farm and nonfarm, ] Farm labor camps, subject
to the following requirements:
(a) All farm labor camps on farms shall be constructed in
conformance with applicable laws and shall not be located
nearer to any other residence than the residence of
the employer, except by specific review and approval
of the Planning Board [of Appeals] .
[ (9) ] [Boat docking facilities for the docking, mooring or
accommodation of noncommercial boats, subject to the
following requirements:]
[ (a) ] [There shall be docking or mooring facilities for
no more than two (2) boats other than those
owned and used by the owner of the premises
for his personal use. ]
(10) Veterinarian offices and animal hospitals, subject to the
following requirements :
(a) . The housing of all animals shall be in a fully enclosed
structure, if nearer than one hundred fifty [(100) ]
(150) feet to any lot line.
(11) Cemeteries.
(12) Stables and riding academies
[ ( 13) ] [Funeral homes and undertaking establishments. ]
H14) ]J ( 13) Wineries for the production and retail sale of wine produced
from grapes grown on the vineyards on which such winery
is located.
-15-
One accessory apartment in an existing one-family dwelling, subject
to the following requirements:
(a) The accessory apartment shall be located in the principal building. 1
(b) The owner of the existing dwelling shall occupy one of the dwelling .,
units as the owner's principal residence. The other dwelling
unit shall be leased for year-round occupancy, evidenced by a
written lease for a term of one or more years.
(c) The existing one-family dwelling shall contain not less than sixteen,
hundred (1,600) square feet of liveable floor area.
(d) The accessory apartment shall contain not less than four hundred
fifty (450) square feet of livable floor area.
(e) The accessory apartment shall not exceed forty (400) percent
of liveable floor area of the existing dwelling unit.
(f) A minimum of three (3) off-street parking spaces shall be provided.
(g) Not more than one (1) accessory apartment shall be permitted
on a lot.
(h) The accessory apartment shall meet the requirements of a dwelling
unit as defined in Section 100-13 hereof.
(i) The exterior entry to the accessory apartment shall, to the
maximum extent possible, -retain the existing exterior appearance
of a one-family dwelling.
(j) All exterior alterations to the existing building, except for access
to the apartment, shall be made on the existing foundation.
(k) Certificate of Occupancy shall terminate upon the transfer of
title by the owner, or.upon the owner ceasing to occupy one of
the dwelling units as the owner's principal. residence. In the
event of an owner's demise,. the occupant of an accessory apartment
may continue in occupancy until a new owner shall occupy the
balance of the dwelling or one (1) year from date of said demise,
whichever shall first occur.
(1) All conversions subject to inspection of Building Inspector and
Renewal of Certificate of Occupancy annually.
(m) The building which is converted to permit an accessory apartment
shall be in existence and have a valid certificate of occupancy
issued prior to January 1, 1984. .
(n) The existing building, together with the accessory apartment,
shall comply with all other requirements of Chapter 100 of the
Town Code of the Town of Southold.
(o) Notwithstanding the provisions of Section .100-30B hereof, no
site plan approval by the Planning Board shall be required for
the establishment of an accessory apartment.
(p) Approval by the Suffolk County Department of Health Services
of the water supply and sewage disposal systems.
[ ( 1 G) ] (15) The renting of not more than three (3) rooms in an owner occupied
dwelling for lodging and serving of breakfast to not more than
six (6) casual and transient roomers, provided that the renting
of such rooms for such purpose is clearly incidental and subordinate
to the principal use of the dwelling, subject to the following
requirements:
(a) That adequate off-street parking spaces shall be provided
for such rented rooms in addition to parking spaces for the
use of the family of the owner.
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r
C. Accessory uses, limited to the following [ : ] uses and subject to the
conditions listed in Section 100-33 herein.
U Any customary structures or uses which are customarily
incidental to the principal use, except those prohibited
by this chapter.
[ (1) ] (2) Rome occupations, including professional offices, provided
that:
(a) No display of goods is visible from the street
(b) Such occupation is incidental to the residential use
of the premises and is carried on in the main building
by the resident therein with not more than one
nonresident assistant.
(c) Such occupation is carried on in an area not to exceed
[thirty percent (300)] twenty-five (25%) of the area
of [one (1) floor] all floors of the main building [ . ]
, and in no event s all such use occupy more than five
hundred 500) square feet of floor area.
(d) There shall be no exterior effect at the property line,
such as noise, traffic, odor, dust, smoke, gas, fumes
or radiation.
(e) Studios where dancing or music instruction is offered
to groups in excess of five pupils at one time, or where
concerts or recitals are held, are prohibited.
(f) In no manner shall the ap earance of the building be
altered nor shall the occupation wit in the residence
be conducted in a manner that would cause the premises
to lose its residential character—, either by the use o
colors, .materia. s, construction, or fighting.- No display
of products shall a visible rom the street, and no
stock in trade shall Be kept on the premises.
(g) Home occupations shall in no event be deemed to include:
animal hospitals, kennels, barber s ops, beauty parlors,
clinics, or hospitals, mortuaries, nursery schools, clubs,
auto repair shops, restaurants, tourist homes, rooming
houses or boarding houses, and uses similar tot ose
fisted above.
(3) Boat docking facilities for the docking, mooring or accommodation
U—noncommercial oats, -subject tot the following_ requirements:
(a) There shall be docking or mooring facilities for no more
than two 2 boats other than those owned and used
Sy the owner of the premises for his persona use.
(b) The Town Trustees shall approve new boat docking
aci.ities.
(c) Boats at such docking facilities shall not be used for
overnight sleeping purposes.
[ (2) ] (4) Garden house, toolhouse, storage building, playhouse,
wading pool, swimming pool or tennis court incidental to
the residential use of the premises and not operated for
gain, subject to the following requirements:
(a) Any swimming pool shall be completely enclosed with
a permanent chain-link (or similar type) fence of not
more than two-inch mesh, not less than four (4) feet
in height, erected, maintained and provided with a
self-closing, self-latching gate to prevent unauthorized
use of the pool and to prevent accidents. However,
if said pool is located more than four (4) feet above
the gound, then a fence is not required, provided that
all points of access to said pool are adequately protected
by a self-closing, self-latching gate. Any swimming
pool in existence at the effective date of the provisions
of this subsection shall, within one (1) year from such
date, comply with all of the provisions hereof.
(b) Individual outdoor tennis court related to residential
use on a of containing a single-family detached dwelling
provided that the same is set back not less than six
(6) eet from all lot lines, and that there is no lighting
for after dark use.
[ (3) ] (5) Private garages; provided, however, that not more than
two (2) passenger automobile spaces in such garages may
be leased to persons not resident on the premises.
(6) Off-street parking spaces_ accessory to uses on the premises.
Not more than four (4) off-street parkin spaces shall be
,Jpermitte within Me minimum tront yard.
[ (4) ] (7) The storage of either a boat or travel trailer owned and used
by the owner or occupant of the premises on which such
boat or travel trailer is stored, for his personal use, subject
to subsection Q of Section 100-191 Supplemental parking
regulations and the following requirements:
(a) Such boat or trailer shall not exceed thirty (30) feet
in length.
(b) Such boat or trailer shall be stored only in the required
rear yard, and the area occupied therefor, together
with the area of all buildings in the rear yard, shall
not exceed forty percent (40%) of the area of the
required rear yard.
(c) Such boat or trailer shall not be located within fifteen
(15) feet of any street or lot line.
[ (5) ] (8) Horses and Domestic animals other than household pets,
provided that such shall not be housed within forty (40)
feet of any lot line. Housing for flocks of more than twenty-
five (25) fowl shall not be constructed within fifty (50)
feet of any line.
H6)] (9) The following signs, subject to the supplementary sign
regulations hereinafter set forth in Article XX:
(a) [One (1) indirectly] Not more than two (2) non-
illuminated nameplates or professional signs each not
more than two (2) square feet in area.
(b) Not more than [three (3) ] two (2) signs with a combined
total area of not more than seventy-two (72) ] forty-
eight (48) square feet, no one (1) of which shall be
larger than [four by six (4 x 6) ] twenty-four (24)
square feet in size, advertising only the sae of farm,
garden or nursery products [produced or] grown on
the premises or of animals raised on the premises.
(c) One (1) real estate sign, either single or double-faced,
not larger than [three by four (3 x 4) ] twelve ( 12)
square feet in size on any one (1) or more lots,
advertising the sale or lease of only the premises on
which it is maintained, and set back not less than [ten
(10)] fifteen (15) feet from any lot line. Where acreage
or a subdivision has a continuous frontage of five hundred
500) feet or more, said sign shall not exceed twenty-
our (24) square feet in size.
[ (e) ] (d) One (1) bulletin board or other announcement or
identification sign for uses permitted in [Section 100-
3013(2) , (3) , (4) , (6) , (7) and (10) hereof] Section
100-31B(3) , (4) , (5) , (6) , (8) and (9) of the Agricultural
District, not more than t arty-two e Titeen ( 18) square
feet in area, located not less than [five 5jT_fi-fteen
(15) feet from any street or lot line.
((f) ] (e) Such other signs as may be authorized as a special
exception by the Board of Appeals as
hereinafter provided.
( (7) ] (10) Yard sales, attic sales, garage sales, auction sales or similar
type of sales of personal property owned by the occupant
of the premises and located thereon, subject to the following
requirements.
(a) Not more than one [ (1) ] such sale shall be conducted
on any lot in any one calendar year.
(b) Adequate supervised parking facilities shall be provided.
(c) No signs, except one [(1) 1 one-premises sign not
larger than [three by four (3 x 4) ] six (6) square
feet in size displayed for a period of not longer than
one [(1) 1 week immediately prior to the day of such
sale, shall be permitted.
(d) A permit is obtained therefor from the Building Inspector
upon the payment of a fee of $15.
[Section 100-311 Section 100-32. Bulk, area and parking requirements.
No building or premises shall be used and no building or part thereof shall be
erected or altered in the [A Residential and Agriculture District] Agricultural-
Conservation District and in the Low Density Residential R-80 District unless
the same conforms tot the Bulk Schedu a and Parking Schedule incorporated into
this chapter with the same force and effect as if such regulations were set fort's
herein in full, as well as to the following Bulk and Parking requirements, to wit:
A. In the case of a lot held in single and separate ownership prior to November
23, 1971 and thereafter, with an area of less than forty-thousand (40,000)
square feet, a single family dwelling may be constructed thereon, provided
that the requirements of Column [A] vii of the Bulk Schedule and the
Parking Schedule incorporated in this chapter are complied with.
B. The bulk and parking requirements for single-family dwellings as set forth
in Column [A-40] ii of the Bulk Schedule and the Parking Schedule incorporated
into this chapter sTiall apply tot the following lots, to wit:
(1) All lots shown on major and minor subdivision maps which were granted
final approval by the Planning Board prior to May 20, 1983.
(2) All lots shown on major subdivision maps upon which the Planning
Board has held a hearing for preliminary map approval prior to May
20, 1983.
(3) All lots shown on minor subdivision maps that have been granted sketch
plan approval by the Planning Board prior to May 20, 1983.
(4) All lots setoff or created by approval of the Planning Board subsequent
to November 23, 1971 and prior to May 20, 1983.
C. The bulk and parking requirements for single family dwellings set forth
in [Column A-801 Columns i and iii of the Bulk Schedule and Parking Schedule
incorporated into this c apter sha l apply to the following lots, to wit:
(1) All lots shown on minor subdivision maps which have been granted
sketch plan approval by the Planning Board on or after May 20, 1983.
(2) All lots shown on major subdivision maps upon which the Planning Board
has held a hearing for preliminary map approval on or after May 20,
1983.
19
(3) All lots setoff or created by approval of the Planning Board on or after
May 20, 1983.
D. The bulk and parking requirements for two-family dwellings set forth in
Column [A-160] xii of the Bulk Schedule and Parking Schedule incorporated
into this chapter shall apply to the following lots, to wit:
(1) All lots shown on minor subdivision maps which have been granted
sketch plan approval by the Planning Board on or after May 20, 1983.
(2) All lots shown on major subdivision maps upon which the Planning
Board has held a hearing for preliminary approval on or after May
20, 1983.
(3) All lots setoff or created by approval of the Planning Board on or after
May 20, 1983.
[Section 100-321 Section 100-33. Accessory buildings.
In the [A Residential and Agricultural District, ] Agricultural-Conservation
District and Low Density Residential R-80, R-120, R-200 and R-400 Districts,
accessory buildings and structures or other accessory uses may be located in
the required rear yard, subject to the following requirements:
A. Such buildings shall not exceed eighteen (18) feet in height.
B. Such buildings shall be set back no less than three (3) feet from any lot
line.
C. All such buildings in the aggregate shall occupy not more than forty percent
(400) of the area of the required rear yard.
9. Chapter 100 is amended by adding a new Article thereto, to be Article III-A, to provide
as follows:
ARTICLE III - A
Low Density Residential R-40 District
Section 100-30A. Purpose.
The purpose of the Low Density Residential R-40 District is to provide areas
for residential development where existing neighborhood characteristics, water
supply and environmental conditions permit f1development densities of
approximately one dwelling per acre and where open space and agricultural
preservation are not predominate objectives.
Section 100-31A. Use regulations.
In an R-40 District, no building or premises shall be used, and no building or
part of a building shall be erected or altered which is arranged, intended or
designed to be used, in whole or in part, for any uses except thefollowing:
A. Permitted uses.
( 1) Same as Section 100-31A of the Agricultural-Conservation District.
B. Uses permitted by special exception of the Board of Appeals. The following
uses are permitted as a special exception bythe Board of Appeals, as hereinafter
provided, and subject to site plan approval by the Planning Board.
(1) Same as Section 100-31B of the Agricultural-Conservation District,
except (8) c i dren s recreation camp, 9 arm labor camp and (10)
veterinarian office and animal hospital not permitted, and bed and
breakfast uses clo. no .require,si e plan approval.
(2) Libraries, museums or art galleries.
C. Accessory uses, limited to the following:
(1) Same as Section 100-31C of the Agricultural-Conservation District.
Section 100-32A. Bulk, area and parking requirements.
No building or premises shall be used and no building or part thereof shall be
erected or altered in the Low Density Residential R-40 District unless the same
conforms to the requirements of the Bu- k Schedule and of the -Parking Schedule,
with the same force and_ effect as •i such regulations were set forth herein in
full.
Section 100-33A. Accessory buildings. Accessory buildings shall be subject
to the same requirements as Section 100-33 of the Agricultural Conservation
District.
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10. Article IV is repealed and a new Article IV is added in its place, to provide as
follows:
ARTICLE IV
Hamlet Density Residential (HD) District
Section 100-40. Purpose.
The purpose of the Hamlet Density (HD) Residential District is to (1) permit a
mix of housing types and level of residential density appropriate to the areas
in and around the major hamlet centers, particularly Mattituck, Cutc ogue,
Southold, Orient and the Village of Greenport,
Section 100-41 . Applicability.
The Hamlet Density (HD) Residential District may be designated on the Zoning
Map by the Town Board, upon its own motion, or by petition on parcels within
one-half mile of a Hamlet Business (HB) District of Mattituck, Cutcho ue and
Southold hamlet and within one-quarter mile of the Hamlet Business (HB) district
of Orient, and within one-half mile of the boundary of the Village of Greenport.
Section 100-42. Use regulations.
In an HD District, no building or premises shall be used, and no building or
part of a building shall be erected or altered which is arranged, intended or
designed to be used, in whole or in part of any use except the following:
A. Permitted uses.
(1) One-family detached dwelling.
(2) Two-family dwelling.
B. Uses permitted by special exception by the Board of Appeals. The following
uses are permitted as a special exception by turd o� ppeats, as hereinafter
provided, and subject to site plan approval by the Planning Board:
(1) Multiple dwellings, townhouse, row or attached house.
(2) Accessory apartments in single-family residence as set forth in and
regulated by Section 100-31B(2) of the Agricultural-Conservation
District.
(3) Bed and breakfast uses. as.set forth. in and regulated by Section
100-31B 15 without site' lan approval.
C. Accessory uses, limited to the following:
(1) Accessory uses as set forth in and regulated by Section 100-31C (1)
through (7) and (10) of Agricultural-Conservation District and subiect to
conditions set forth in Section 100-33 thereof.
(2) Freestanding or ground signs, subject to the following requirements.
One (1) sign either single or double-faced, not more than eighteen
(18) square feet in area, and the u per edge of which shall not project
more than five (5) feet above the ground un-Fe-ss attached to a fence
or wall Suc si n shall only indicate the name of the remises. Such
sign shall be set back not less than f,f_te_e__h_(_j_5T feet from all street
and lot lines. Such sign shall comb y wit all-of t e Supp ementary
sign regulations set forth in Article XX.
(3) Accessory buildings, structures and other required_faciliti(:s and
equipment necessary to provide community sewers, water, heat, utilities
and other community services to all buildin s and structures on the
premises, provided, however, that the plans for and the-location-
of
helocationof the same shall be approved by the Planr.inc, Boar.
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Section 100-43. Bulk, area and parking requirements.
A. No building or premises shall be used and no building or part thereof shall
be erected or altered in the Hamlet Density (HD) Residential District unless
the same conforms with the Bulk Schedule and Parking Schedule incorporated
into this chapter, with the same force and effect as if such regulations were
set forth herein in full.
11. Article V is repealed; Article VA is renumbered Article V, and the Sections
thereof are renumbered Sections 100-50 to 100-58 inclusive.
ARTICLE V
AFFORDABLE HOUSING DISTRICT
Section 100- 50. Purpose.
The purpose of the Affordable Housing District is to provide the opportunity
within certain areas of the Town for the developmgnt of high density housing
for families of moderate income.
Section 100- 51 Definitions.
For the purpose of this Article, the following terms, phrases and words shall
have the following meaning :
CONSUMER PRICE INDEX - The Consumer Price Index as published by
the United States Department of Labor, Bureau of Labor Statistics for
the New York Metropolitan area.
DIRECTOR - The Director of Community Development for the Town of
Southold.
MODERATE INCOME FAMILY - A family whose aggregate annual income,
including the total of all current annual income of all family members
(excluding the earnings of working family members under age 21) from
any source whatsoever at the time of application for the purchase or
lease of an affordable housing unit or the purchase of an unimproved
affordable lot, does not exceed $39,000.00, which annual income shall be
revised each year on January 31st to conform to the previous year's
change in the consumer price index.
MODERATE INCOME FAMILY DWELLING UNIT - A dwelling unit reserved
for rent or sale to a moderate income family and for which the
maximum monthly rent (excluding utilities) or the maximum initial sales
price does not exceed the maximum rent or maximum sales price set forth
in Section 100- 56E hereof.
MODERATE INCOME FAMILY UNIMPROVED LOT - An unimproved lot
reserved for sale to a moderate income family, and for which the
maximum initial sales price, inclusive of the cost of providing public
water and/or public sewer service to the lot, does not exceed the maximum
sales price set forth in Section 700- 56E hereof.
PERMANENT FIXED IMPROVEMENT - An improvement to a lot or a
moderate income family dwelling unit which cannot be removed without
substantial damage to premises or total loss of value 'of said
improvements.
Section 100- 52 Applicability.
AHD Districts shall be established by application to.the Town Board pursuant to
the procedures hereinafter specified, on parcels of land located within the
following areas :
A. Land within a one-half (2) mile radius of the post offices located in
the hamlets of Mattituck, Cutchogue, Peconic and Southold.
B. Land within one-quarter (4) mile radius of the post offices located in
the hamlets of East Marion and Orient.
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C. Land within one-quarter ( ) mile of the boundaries of the Incorporated
Village of Greenport.
D. Land in such other areas as shall be designated by Town Board
resolution after a public hearing thereon, upon ten ( 10) days notice
thereof by publication in the official Town newspapers.
Section 100- 53. Use Regulations.
In the AHD District, no building or premises shall be used, and no building
or part of a building shall be erected or altered which is arranged, intended
or designed to be used, in whole or in part, for any use except the
fullowing :
A. Permitted uses.
1. One-family detached dwelling
2. Two-family d vellin g
3. Multiple dwellings.
B. Accessory uses.
Accessory uses as set forth in and regulated by Section 100-30C ( 1) ,
(2) , (3) , (4) , (6) and (7) of this Chapter.
Section 100- 54 Bulk Area & Parking Requirements.
No building or premises shall be used and no building or part thereof shall
be erected or altered in the AHD District unless the same conforms to the
following Bulk, Area & Parking Schedule.
BULK, AREA E PARKING SCHEDULE
Minimum Single Family Two-Family Multiple
Requirements Dwellings Dwellings Dwellings
Total lot area (sq. ft. ) 10,000 20,000 40,000
Lot Width (ft. ) 80 100 150
Lot Depth (ft. ) 100 140 200
Front Yard (ft. ) 35 35 45
One side yard (ft. ) 15 15 20
Both side yards (ft. ) 25 30 40
Rear yard (ft. ) 35 35 45
Livable floor area (sq.ft. per dwg) 850 600 600
Off-street parking spaces (per dwg) 2 2 2
Land area (sq.ft. ) per dwg. unit 10,000 10,000 10,000
Maximum Permitted Dimensions
Lot coverage (percent) 20 25 25
Building height 35 35 35
Number of stories 2,11 22 22
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Section 100- 55. Application Procedure
A. Application Procedure.
The procedure for planning and zoning approval of any future proposed
development in an AHD District shall involve a two-stage review process
as follows :
( 1) Approval of a preliminary development concept plan and the zoning
reclassification of a specific parcel or parcels of land for
development in accordance with that plan by the Town Board; and
(2) Approval of a final, detailed site plan, and subdivision plat
approval, if required, by the Planning Board.
B. Application to the Town Board for rezoning approval.
Four (4) copies of the application for the establishment of an AHD
District shall be filed with the Town Clerk who shall submit a copy to
the Town Board at its next regular scheduled meeting. The application
shall contain at least the following information :
(1) The names and addresses of the property owners, and all other
persons having an interest in the property; the name and address
of the applicant (if not the owner) ; the names and addresses of
any planners, engineers, architects, surveyors, and all other
persons or firms engaged or proposed to be engaged to perform
work and/or services with respect to the project described in the
application.
(2) If the applicant is not the owner of the property, written
authorization of the owner or owners authorizing the applicant to
submit the application on behalf of the owner or owners.
(3) A written statement describing the nature of the proposed project,
and how it will be designed to fullfill the purposes of this Article
(including its consistency with the Town Master plan) ; an analysis of
the site's relationship to adjoining properties and the surrounding
neighborhood; the availability and adequacy of community facilities
and utilities, including public water and public sewer systems, to
serve the needs of the project and the residents therein; the safety
and capacity of the street system in the area in relation to the
anticipated traffic generated, and such other information as deemed
necessary by the Town Board and/or the Planning Board to enable
them to properly review and act upon the application.
(4) A written statement describing the proposed method of ownership,
operation and maintenance of all proposed common utilities, including
public water and sewer facilities, and open land located within the
proposed development.
(5) A preliminary development concept plan for the proposed project,
drawn to a convenient scale, and including the following information :
(a) The total area of the property in acres and square feet.
(b) A map of existing terrain conditions, including topography with
a vertical contour interval of no more than two (2) feet,
indentification of soil types (including wetlands) , existing
drainage features, major rock outcroppings, the extent of
existing wooded areas and other significant vegetation, and
other significant features of the property.
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(c) A site location sketch indicating the location of the property
with respect to neighboring streets and properties, including
the names of all owners of property within five hundred (500)
feet therefrom, as shown on the last completed town assessment
roll. Such sketch shall also show the existing zoning of the
property and the location of all zoning district boundaries in
the surrounding neighborhood.
(d) A preliminary site development plan indicating the approximate
location, height and design of all buildings, the arrangement of
parking areas and access drives and the general nature and
location of all other proposed site improvements, including
recreational facilities, landscaping and screening, the storm
drainage system, water and sewer connections, etc.
(e) A plan showing the number, type and location of all proposed
dwelling units and unimproved lots to be reserved for sale or
lease to moderate income families, and the ratio of the same to
all proposed dwelling units and lots in the development.
(f) A generalized time schedule for the staging and completion of the
proposed project.
(g) An application fee in the amount of fifteen dollars ($15. ) for
each proposed dwelling unit or five hundred ($500. ) dollars,
whichever is greater.
C. Referral to Planning Board.
Upon the receipt of a properly completed application for the establishment
of a new AHD District, one copy of the application shall be referred to
the Planning Board for its review and report, and one copy shall be
referred to the Suffolk County Planning Commission for its review and
recommendation, if required by the provisions of the Suffolk County
Charter. Within sixty (60) days from the date of the Planning Board
meeting at which such referral is received, the Planning Board shall
report its recommendations to the Town Board. No action shall be taken
by the Town Board until receipt of the Planning Board report or the
expiration of the Planning Board review period, whichever first occurs.
Said review period may be extended by mutual consent of the Planning
Board and the applicant.
D. Planning Board Report.
The Planning Board, in its report to the Town Board, may recommend
either approval of the application for the establishment of the AHD
District, with or without modifications, or disapproval of said
application. In the eveni that the Planning Board recommends disapproval
of said application, it shall state in its report the reasons for such
disapproval. In preparing its report and recommendations, the Planning
Board shall give consideration to the Town Master Plan, the existing and
permitted land uses in the area, the relationship of the proposed design
and location of buildings on the site, traffic circulation, both on and off
the site, the adequacy and availability of community facilities and
utilities, including public water and public sewer systems, to service the
proposed development, compliance of the proposed development with the
standards and requirements of this Article, the then- current need for
such housing, and such other factors as may be related to the purposes
of this Article.
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E. Town Board Public Hearing.
Within forty-five (45) days from the date of the Town Board's receipt of
the Planning Board's report and recommendation, or the expiration of the
Planning Board review period, whichever first occurs, the Town Board
shall hold a public hearing on the matter of establishing an AHD District
on the property described in the application. Such hearing shall be held
upon the same notice as required by law for amendments to the town
Zoning Map and/or Zoning Code.
F. Town Board Action.
(1) Within forty-five (45) days after the date of the close of the public
hearing, the Town Board shall act either to approve, approve with
modifications, or disapprove the preliminary development concept
plan and the approval or disapproval of the establishment of the
AHD District applied for. Approval or approval with modifications
shall be deemed as authority for the applicant to proceed with the
detailed design of the proposed development in accordance with such
concept plan and the procedures and requirements of this Article. A
copy of the Town Board's determination shall be filed with the
Planning Board and a copy mailed to the applicant. A copy shall also
be filed in the Town Clerk's Office. If such determination approves
the establishment of a new AHD District, the Town Clerk shall cause
the official Zoning Map to be amended accordingly.
(2) Approval of the establishment of an AHD District shall expire twelve
(12) months after the date of Town Board Approval thereof if the
applicant has not received site development plan approval and final
subdivision plat approval of at least the first section of the planned
development within such twelve (12) months period. Approval of the
establishment of an AHD District shall expire eighteen (18) months
after said Town Board approval thereof if work on the site has not
commenced or the same- is not being prosecuted to conclusion with
reasonable diligence. The Town Board, upon application of the
applicant, and upon good cause being shown, may in the exercise of
its discretion, extend both of the above time periods for not more
than two (2) additional periods of not more than six (6) months
each. In the event of the expiration of approval as herein provided,
the AHD District shall be deemed revoked and the zoning
classification of the property affected thereby shall revert to its
zoning classification that 'existed on the property immediately prior to
the establishment of the AHD District thereon, and the Town Clerk
shall cause the official• Zoning Map to be amended accordingly.
G. Site Plan And Subdivision Plat Approval by the Planning Board.
(1) No earthwork, site work, land clearing, construction or development
activities shall take place on any property within an AHD District
except in accordance with a site plan approved by the Planning
Board in accordance with the provisions of this Article and in
accordance with the procedures and standards for site plan approval
as set forth in Article XXVof this Chapter.
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(2) Where a proposed development involves the subdivision or
resubdivision of land, no development shall proceed until the
Planning Board has granted final subdivision plat approval in
accordance with the provisions of Chapter A106 of the Town Code.
Section 100- 56 General Regulations and Requirements.
A. Sewer and Water.
In an AHD District, public water supply systemsand/or public sewer
disposal systems shall be provided to serve all dwelling units located
therein.
B. Covenants and Restrictions.
In approving a preliminary development concept plan and/or the
establishment of an AHD District, the Town Board shall have the right to
require the applicant and/or the owner and all persons having an interest
in the premises to execute an agreement, in recordable form, containing
such restrictions, covenants, terms and conditions as it deems necessary
to accomplish the intent and purposes of this Article.
C. Provision For Moderate Income Family Dwelling Units And Unimproved Lots.
(1) On land within an AHD District containing ten (10) acres or less of
land, not less than forty (40%) percent of the dwelling units and/or
unimproved lots located therein shall be reserved for sale or lease to
moderate income families.
(2) On land within an AHD District containing more than ten (10) acres
of land, the number of dwelling units and unimproved lots therein,
to be reserved for sale or lease to moderate income families shall be
as follows :
(a) Not less than ten (10%) percent of the dwelling units shall be
reserved for lease to moderate income families.
(b) Not less than ten (100) percent of the dwelling units shall be
attached dwelling _units reserved for sale to moderate income
families.
(c) Not less than twenty (20%) percent of the dwelling units shall
be one-family detached dwelling units reserved for sale to
moderate income families.
(d) Not less than ten (10%) percent of the unimproved lots therein
shall be reserved for sale to moderate income families.
D. Eligibility.
In each AHD District, the sale or lease of dwelling units reserved
for moderate income families, and the sale of unimproved lots
reserved for sale to moderate income families shall be allocated on a
priority basis, in the following order:
(a) First to eligible applicants employed in the Town of Southold.
(b) Second to eligible applicants who reside in the Town of
Southold, in the order of length of residence in the Town.
(c) Third to all other eligible applicants.
E. Maximum Sales Price And Monthly Rent.
( 1) In an AHD District, the maximum initial sales price of a dwelling unit
or unimproved lot reserved for sale to moderate income families shall
be as follows :
(a) Unimproved lot containing an area of 10,000 sq. ft. - $25,000.
(b) Attached dwelling unit - $60,000.
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(c) Single-family detached dwelling unit - $75,000.
(2) The maximum initial monthly rent (exclusive of utilities for a dwelling unit
reserved for moderate income families in the AHD District shall be as
follows :
(a) Studio Apartment - $300.
(b) One bedroom dwelling unit - $400.
(c) Two bedroom dwelling unit - $500.
(d) The provisions of this Section 100:56E(2) shall remain in effect as
to each dwelling unit for a period of fifteen (15) years from the date
of the initial lease thereof.
(3) The maximum sales prices and monthly rents set forth in Section
100- 56 (1) and (2) hereof shall be revised each year on January 31st to
conform to the previous year's change in the consumer price index.
F. Resale Price of Dwelling Units and Unimproved Lots.
(1) Dwelling units in an AHD District reserved for moderate income families
may be resold to moderate income families, provided that the maximum
resale price does not exceed the purchase price plus the cost of
permanent fixed improvements, adjusted for the increase in the consumer
price index during the period of ownership of such dwelling unit and
such improvements plus reasonable and necessary resale expenses.
(2) Unimproved lots in a AHD District reserved for moderate income families
may be resold to moderate income families, provided that the maximum
resale price does not exceed the purchase price of such lot adjusted for
the change in the consumer price index for the period during which such
lot was owned by the resale seller, plus reasonable and necessary resale
expenses.
(3) Where an unimproved lot in an AHD District reserved for moderate income
families is improved with a dwelling unit, the maximum resale price shall
be determined in the manner'specified in Section 100..-56F ( 1) hereof.
(4) Notwithstanding the provisions of Section 100- 56-F ( 1) , (2) and (3)
hereof, the Director may authorize the resale of a dwelling unit or
unimproved lot reserved for moderate income families at a price in excess of
the maximum resale price specified in Section 100- 56-F ( 1) , (2) and (3)
hereof, under the following conditions:
(a) That the owner of such dwelling unit file an application with the
Director requesting approval of such resale, setting forth in detail
the calculation for the determination of the maximum resale price, the
proposed resale price, and such other information and documentation
as the Director shall request.
(b) That the portion of the resale price in excess of the maximum
allowable resale price shall be divided between the resale seller and
the Town in the following proportions.
Year of Resale Percentage Percentage
after purchase to Owner To Town
1st 0 100
2nd 20 80
3rd 40 60
4th 60 40
5th 80 20
6th 90 10
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(c) All money received by the Town pursuant to the provisions of
the preceding paragraph (b) shall be deposited in separate
accounts and shall be expended only for the purposes of this
Article in such manner as shall be determined by the Town
Board.
Section 100- 57 Administration.
A. General Duties of Director.
(1) The Director shall be responsible for the administration of dwelling
units and unimproved lots reserved for moderate income families in
all AHD Districts pursuant to the provisions of this Article.
(2) The Director shall promulgate and maintain information and
documentation of all dwelling units and unimproved lots reserved for
moderate income families in all AHD Districts; the number thereof
available for sale or lease at all times; the sales prices and monthly
rent for such dwelling units and lots; the names and addresses of
eligible families desiring to purchase or lease the same, together with
a priority list of such families. The Director shall maintain such
other records and documents as shall be required to properly
administer the provisions of this Article.
B. Interagency Cooperation.
( 1) Whenever the Town Board approves the establishment of an AHD
District, a copy of such determination shall be filed with the
Building Inspector and the Director, together with a copy of any
agreements arid/or covenants relating thereto.
(2) Whenever the Planning Board approves a subdivision plat and/or a
site plan affecting land within an AHD District, a copy thereof shall
be filed with the Building Inspector and the Director, together with
copies of any agreements and/or covenants relating thereto.
(3) Whenever the Building Inspector shall issue a building permit, a
certificate of occupancy or any other permit or authorization
affecting dwelling units and/or unimproved lots located in an AHD
District and reserved for sale or lease to moderate income families, a
copy thereof shall be filed with the Director.
C. Procedure.
( 1) Whenever ' the Building Inspector receives an application for a
certificate of occupancy for a dwelling unit or unimproved lot located
in an AHD District and reserved for sale or lease to moderate income
families, the Building Inspector shall file a copy thereof with the
Director who shall inform the owner and/or person filing such
application of the maximum sales price or monthly rent for such
dwelling unit or lot as well as eligibility requirements for families
seeking to purchase or lease such dwelling units or lots.
(2) No certificate of occupancy may be issued by the Building Inspector
until the Director has supplied the Building Inspector with the
information provided for in the preceding paragraph and the
Building Inspector determines that the issuance of the certificate of
occupancy will not permit a use, occupancy, sale or lease of a
dwelling unit or unimproved lot in violation of the provisions of this
Article.
(3) The Director shall certify the eligibility of all applicants for lease or
purchase of dwelling units and unimproved lots reserved for
moderate income families. An owner of dwelling units and unimproved
lots in an AHD District which are reserved for sale or lease to
moderate income families shall not sell or lease the same to any
person who does not possess a certificate of eligibility issued by the
Director. A violation of the provisions of this paragraph shall
constitute grounds for the revocation of a certificate of occupancy.
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(4) On or before March 31 of each year, the Director shall notify the
owner or manager of dwelling units and unimproved lots reserved for
moderate income families of the monthly rent, sales price and income
eligibility requirements for such units and lots based upon data
derived from the preceding year.
(5) The owner or manager of dwelling units and unimproved lots
reserved for moderate income families shall certify in writing to the
Director on or before May 31 of each year that the sale and/or lease
of such dwelling units and lots comply with the provisions of this
Article and Chapter 100 of the Town Code.
(6) When a dwelling unit reserved for lease to moderate income families
is to be rented, the lease for such unit shall not exceed a term of
two (2) years.
Section 100- 58 Applicability of Town Code.
All of the Provisions of the Code of the Town of Southold not inconsistent
or in conflict with the provisions of this Article shall be applicable in the
AHD District.
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12. Article VI is repealed and a new Article VI is added in its place, to provide as
follows:
ARTICLE VI
Resort Residential (RR) District
Section 100-60. Purpose.
The purpose of the Resort Residential (RR) District is to provide opportunity
for resort development in waterfront areas or other appropriate areas where because
of the availability of water and/or sewer more intense development may occur
consistent with the density and character of surrounding lands.
Section 100-61 . Use regulations.
In an RR District, no building or premises shall be used, and no building or
part of a building shall be erected or altered which is arranged, intended or
designed to be used, in whole or in part,jor any use except thefollowing:
A. Permitted uses.
(1) Any permitted use set forth in, and as regulated by Section 100-31A
of the Agricultural-Conservation District.
B. Uses permitted by special exception by the Board of Appeals. The following
uses are permitted as a special exception by the Board of Appeals as hereinafter
provided, and except for the uses set forth in subdivision (5) hereof,
are subject to site plan approval by the Planning Board.
(1) Any special exception use set forth in, and as regulated by Section
100-31(B) (1) , (6) , (7) and (14) of the Agricultural-Conservation
District.
(2) Marinas for the docking, mooring or accommodation of noncommercial
boats.
(3) Yacht clubs.
(4) Transient hotels or motels, resort hotels or motels, conference facilities
provided that the following requirements are met:
(a) Minimum parcel size shall be five (5) acres.
(b) The maximum number of guest units shall be:
one (1) unit per six thousand (6,000) square feet of land
without public water or sewer.
one (1) unit per four thousand (4, 000) square feet of land
with public water and sewer.
(c) No music, entertainment or loudspeaker system shall be audible
from beyond the property line.
(d) No lights shall create a glare on adjoining property.
(51Bed and breakfast uses as set forth in and as regulated by Section
i-0-6-31(3 ( 15) . --- ----.--_---—
(6) Tourist camps as regulated by Chapter 88 of the Town Code.
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(7 ) Free standing restaurant.
C. Accessory uses.
(1) Any accessory use set forth_ in, and as regulated by Section 100-
31C (1) through (7) of the AgricuIturaI-Con servation District.
(2) Signs as regulated by Section 100-31C (9) of the Agricultural-
Conservation District, and int the case of a hotel, motel resort,
tourist camp, country club, beach club, swim club, tennis club,
if the building is set back .twenty-five (25) feet, one ( 1) free-
standing or ground illuminated sign witfi a maximum area of
eighteen (18) square feet may be permitted at the entrance, set
back a minimum of fifteen (15) feet from the street line.
(3) Sanitary and laundry facilities.
(4) Accessory uses set forth in and as regulated by Section 100-42C(3)
of the Hamlet Density District.
Section 100-62. Bulk, area and parking requirements.
Except as otherwise provided herein, no buildings or premises shall be used
and no building or part thereof shall be erected or altered in the Residential
RR District unless the same conforms with the Bulk Schedule and Parking
and Loading Schedules incorporated into this chapter by reference, with the
same force and effect as if such regulations were set forth herein in full.
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13. Article VII is repealed and a new Article VII is added in its place, to provide as
follows:
ARTICLE VII
Residential Office (RO) District
Section 100-70. Purpose.
To provide a transition area between business areas and low density residential
development along major roads which will provide opportunity for limited nonresidential
uses in essentially residential areas.
Section 100-71 . Use regulations.
In a Residential Office (RO) District, no building or premises shall be used, and
no building or part of a building shall be erected or altered which is arranged,
intended or designed to be used, in whole or in part, for any uses except the
following:
A. Permitted uses.
( 1) One-family detached dwellings, not to exceed one dwelling on each lot.
(2) Buildings, structures and uses owned or operated by the Town of
Southold, School Districts, Park Districts and Fire Districts.
B. Uses permitted by special exception by the Board of Appeals. The following
uses are permitted as a special exception by the -oard'of Appeals as hereinafter
provided, and subject to site plan approval by the Planning Board, provided
that not more than one (1) use shall be allowed for each 40,000 sq.ft. . of lot are
M Special exception uses as set forth in and regulateregulateil By Section 100-31B
(1) through (7) of the Agricultural-Conservation District
(2) Professional offices and business offices.
(3) Funeral homes.
(4) Bed and Breakfast uses as set forth in and regulated by Section 100-31 B( 1
except that no site plan approval is required.
( 5) Libraries, museums or art galleries.
C. Accessory uses, limited to the following:
(1) Accessory uses as set forth in and regulated by Section 100-31 (1)
through (7) of the Agricultura -Conservation District, and subject to
the conditions set forth in Section 100-33 thereof.
(2) The following signs, subject to the supplementary sign regulations set
forth in Article XX:
(a) One ( 1) indirectly illuminated nameplate or professional sign not
more than two (2) square feet in area.
(b) One ( 1) real_estate sign, either single or double-faced, not larger
than twe ve 12 s uare eet in size on awn one or more Tots,adver_ti_sin(
the sale or lease of one
_� rem� �ises on which it ismain_tained, -
and set back not less than iifteen (151feet G•_om an_ lot line; where_
acreage or a subdivision as a continuous frontage oRfive hundred
(500) feet or more, said sign may not exceed twenty-four (24) square
feet in size.
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(c) One (1) bulletin board or other announcement or identification
sign for uses erm.ited by Section 100-316 (3) , (4) , (5) and
T6-) , not more than eighteen 18) square feet in area, located
not less than fifteen (15feet from any street or lot line.
(3) Accessory uses set forth in and regulated by Section 100-42C(3)
of the Hamlet Density District. -
Section 100-72. Bulk, area and parking requirements.
A. No building or premises shall be used and no building or part thereof
shall be erected or altered in the Residence-Office (RO) District unless
the same conforms with the Bulk Schedule and Parking and Loading
Schedules incorporated into this c apter, with the same force and effect
as if such regulations were set forth herein in full.
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14. Article Vlll is repealed and a new Article VIII is added in its place, to provide
as follows:
ARTICLE Vlll
Limited Business (LB) District
Section 100-80. Purpose.
The purpose of the Limited Business District (LB) is to provide an opportunity
to accommodate limited business activity along highway corridors, but in areas
outside the hamlet central business areas that is consistent with the rural
and historic character of surrounding areas and uses. Emphasis will be placed
on review of design features so that existing and future uses will not detract
from surrounding uses. The additional uses must generate low amounts of
traffic and be designed to protect the residentail and rural character of the
area.
Section 100-81. Use regulations.
In the LB district, no building shall be used and no building or part of a
building-shall be erected or altered which is arranged, intended or designed
to be used, in whole or in part, for any uses except the following:
A. Permitted uses.
(1) Any permitted use as set forth in and regulated by Section 100-
31A of theAgricultural-Conservation District.
(2) The following uses are permitted uses subject to site plan approval
by the Planning Board:
(a) Retail businesses complementary to the rural and historic character
of the surrounding area limited to the following:
(i) Antique, art and craft shops and gallaries.
(ii) Custom workshops and machine shops.
NO Wholesale or retail sale and accessory storage and display
of garden materials, and plants, including nursery operations,
provided that the outdoor store or display of plants
and material does not obstruct pedestrian flow or vehicular
traffic and does not occur within three (3) feet of property
line.
(iv) Libraries or museums.
(b) Professional and business offices.
(c) Funeral Homes.
(d) Restaurants, except drive-in restaurants.
(e) Personal service stores and shops, including barber shop,
beauty parior, professional studios and travel agency.
(f) Repair shops for household, business or personal appliances,
including cabinet shops, carpenter shops, electrica-shops,
plumbing shops—furniture repair shops and bicycle and motorcycle
shops, landscaping and other service business.
(g) Wholesale and warehousing.
(h) Retail uses supplemental to the service business establishment.
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B. Uses permitted by special exception by the Board of Appeals. The following
uses are permitted as a special exception by. the Board of Appeals as
hereinafter provided, and except for Bed and Breakfast uses are subject
to site pan approval by the Planning Board.
( 1) Any special exception use as set forth in and regulated by Section
100-31B of the Agricultural-Conservation District.
C. Accessory uses, limited to the following uses:
(1) Any accessory use as set forth in and regulated by Section 100-
(1) through (8) of the Agricultural-Conservation District, and
subject to the conditions set forth in Section 100-33 thereof.
(2) Signs subject to the following requirements.
(a) Freestanding or ground signs. Where the building is set back
twenty-five (25) feet or more from the street, one sign, sin le
or double-faced, not more than eighteen (18) square feet, the
lower edge o which shall be not less than four feet above the
ground, unless attached to a wall or fence, and the upper edge
of which shall not extend more than fifteen. (15) feet above the
ground, which sign shall be set back not less than fifteen (15)
feet from all street and pro erty lines ands all advertise only
the business conducted on the premises. As used in this
subsection, the word "premises s aI mean all continous
property in common ownership._
(b) Wall signs. One sign attached to or incorporated in each building
wall on a public street and advertising only the business conducted
in such building, provided that such sign does not
(i) Exceed one (1) square foot in total area for each horizontal
foot of such wall.
(ii) Exceed in width one hundred percent (1000) of the horizontal
measurement of such wall.
(iii) Exceed three (3) feet in height.
(iv) Project more than one (1) foot from such wall.
Section 100-82. Bulk, area and parking requirements.
Except as otherwise provided herein, no buildings or premises shall be used
and no building or part thereof shall be erected or altered in the LB District
unless the same conforms with the Bulk Schedule and Parking and Loading
Schedules incorporated into this chapter reference, with the same force and
e f ect as if such regulations were set forth erein in full,
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15. Article IX is repealed and a new Article IX is added in its place, to provide
as follows:
ARTICLE IX
Hamlet Business (HB) District
Section 100-90. Purpose.
The purpose of the Hamlet Business (HB) District is to provide for business
development in the hamlet central business areas, including retail, office and
service uses, public and semi-public uses, as well as hotel and motel and multi-
family residential development that will support and enhance the retail development
and provide a focus for the hamlet area.
Section 100-91. Use regulations.
In a HB District, no building or premises shall be used, and no building or part
of a building shall be erected or altered which is arranged, intended or designed
to be used, in whole or in part, for any uses except the following:
A. Permitted uses.
(1) Any permitted use set forth in and regulated by Section 100-31A (1)
and (3) of the Agricultural Conservation District.
(2) Any permitted uses as set forth in and as regulated by Section 100-
42A (2) of the Hamlet Residential District.
(3) Boarding houses and tourist homes.
(4) Business, professional and governmental offices.
(5) Banks and financial institutions.
(6) Retail stores.
(7) Restaurants, excluding drive-in restaurants.
(8) Bakeshops (for on-premises retail sale) .
(9) Personal service stores and shops, including barber shop, beauty
parlor, professional studios, and travel agency.
(10) Art, antique and auction galleries.
(11) Artists' and craftsmen's workshops.
(12) Auditorium or meeting hall .
(13) Repair shops for household, business or personal appliances, including
cabinet shops, carpenter skips, electrical shops, plumbing shops,
furniture repair shops and bicycle and motorcyc a shops.
( 14) Custom workshops.
( 15) Bus or train stations.
(16) Theaters or cinemas (other than outdoor) .
(17) Libraries or museums.
( 18) Laundromat.
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B. Uses permitted by special exception by the Board ofAPPeat_s_._The following
uses are permitted as a special exception by the Board ofAppeals as
hereinafter provided, subject to site plan approval by the Planning
Board.
( 1) Any special exception use set forth in and as regulated by Section
100-31 B (3) to (6) an 4 and 1151 of the Agricu ture onservation District.
(2) Multiple dwellings and townhouses.
(3) Motel and hotel uses as set forth in and regulated by Section 100-
61 B (4 ) of the Resort Residential B District, except that minimum
lot size shall be one (1) acre.
(4) Apartments may be permitted over retail stores, subject to the following
requirements:
(a) The explicit written approval of the Town Fire Prevention
Inspector shall be obtained for the design, location, access and
other safety-related elements of every such apartment. No
apartment shall be permitted over filling stations, stores.
retailing flammable or fume-producing goods, restaurants or
other businesses with kitchens or other facilities producing
intense heat, or any other establishment which the Fire
Prevention Inspector determines to pose a greater-than-average
built-in fire risk.
(b) The habitable floor area of each apartment shall be at least four
hundred fifty (450) square feet, but in no case more than seven
hundred fifty (750) square feet. The apartment shall not be
located on the firct loor o t e building and the apartment shall
contain all services for safe and convenient habitation, meeting
the New York State Uniform Fire Prevention and Building Code
and the Sanitary Code.
(c) There shall be no more than three (3) apartments created or
maintained in any single building.
(d) Each apartment, ar common hallway servicing two or three
apartments shall havea separate access to the outside of the
building, which must be distinct from the access to uses on the
first floor.
(e) Each apartment shall have at least one (1) on-site off-street
parking space meeting the stan ards of this c i pter, convenient
located for access to a apartment. ��
(f) Only the owner of the building in which it is proposed to locate
the apartment(s) ma apply for this s ecial permit. Tho Board of
Appealsshall require that such applicant execute such agreements,
contracts, ersements, covenants, deed restrictions or other legal
instruments running in favor of the Town as, upon recommendation
of the Town Attorney, the Board shall determine to be necessary
to insure that: --
(i) The apartment, or anyroprietary or other interesttherein,
will not be sold to a tenant or any-ot he r party, except
as part of a sale of tTie ont re. building in which__the apartment
is located.`
(ii) The apartment is made available for year-round rental;
(iii) The apartment is properly constructed, maintained and
used, and unapproved uses are excluded tRer-efrom. _
(iv) Any other condition deemed reasonable and necessary to
insure the immediate and long-term success of the apartment
in helping to meet identified housing needs in the community
is complied with.
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(5) Bed and breakfast enterprises or boarding and/or tourist home as
set forth and regulated by Section 100-51B (3) of the Resort Residential
A District.
(6) Fraternal or social institutional offices or meeting hall.
(7) Drinking establishments.
(8) Public Garage.
(9) Funeral Home.
C. Accessory Uses.
(1) Accessory uses as set forth in and regulated by Section 100-31C (1)
tTirough (7) of the Agricultural-Conservation District, and subject
to the conditions set forth in Section 100-33 thereof.
(2) Signs as set forth in Section 100-81C (2) of the Limited Business
District.
(3) Directional or informational signs, not exceedinqtwo (2) square feet,
which the Planning Board finds to be necessary to facilitate circulation
throughout the district. -`
Section 100-92. Bulk, area and parking requirements.
No building or premises shall be used and no building or part thereofshall be
erected or altered in the HB District unless the same conforms wit the Bu k_
Schedule and Parking and Loading Sc edules incorporated into this chapter
by reference, with the same force and effect as if such regulations were set
forth herein in full.
Section 100-93. Uses confined to enclosed buildings.
All uses permitted in a HB District, including the display and sale of merchandise
and the storage of all property, except diving plants, shrubs or trees, s all
be confined to fully enclosed buildings on the premises.
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16. Article X is repealed and a new Article X is added in its place, to provide as
follows:
ARTICLE X
General Business ( B ) District
Section 100-100. Purpose.
The purpose of the General Business (B) District is to
provide for retail and wholesale commercial development and limited office and
industrial development outside of the hamlet central business areas, generally
along mayor highways. It is designed to accommodate uses that benefit from
large numbers of motorists, that need fairly large parcels of land, and that
may involve characteristics such as heavy trucking and noise.
Section 100-101. Use regulations.
In the (+B) District, no building or premises shall be used, and no building or
part thereof shall be erected or altered which is arran ed, intended or designed
to be used, in whole or in part, for any uses except thefollowing:
A. Permitted uses.
( 1) Any permitted use set forth in and regulated by Section 100-31A (2)
and (3) of the Agriculture Conservation District.
(2) Any permitted use set forth in and regulated by Section 100-91A (3)
to ( 18) of the Hamlet Business District.
(3) Wholesale businesses, warehouses, and building material storage and
sale, but excluding storage o coa , coke, fuel of , or dunk.
(4) Building, electrical and plumbing contractors' businesses or yards.
(5) Cold storage plants, baking and other food processing and packaging
plants that are not offensive, obnoxious, or detrimental to neighboring
uses by reason of dust, smoke, vibration, noise, odor, or effluent.
(6) Wholesale or retail sale and accessory storage and display of garden
materials, supplies, and ants, including nursery operations, provided
that the outdoor storage or display of plants and material does not
obstruct pedestrian flow or vehicular traffic and does not occur within
three feet of property line.
(7) Wholesale/retail beverage distribution.
(8) Funeral homes.
(9) Train or bus stations.
(10) Telephone exchanges.
B. Uses permitted by special exception by the Board of Appeals.The following
uses are permitted as a sp cie a exception b—y—tFe-W-6rd of AppdaIs, as
hereinafter provided, subject to site plan approval by the Planning
Board.
( 1) Any special exception use as set forth in and regulated by Section
100-316 (2 ) to ( 13) of eAgricultural-Conservation District.
(2) Hotel or motel uses as set forth in and regulated by Section 100 -61B
(4) of the Resort Residential (RR) District,except that minimum lot size
shall be one (1) acre .
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(3) Bed and breakfast enterprises or boarding and/or tourist homes
as set forth in and regulated by Section 100- 31B ( 15) of the
gyriicultural---Co-nservation District, except that no site plan approval
Is required.
(4) Tourist camps as regulated by Chapter 88 of the Town Code.
(5) Research design or development laboratories, provided that any
manufacturing shall be limited to prototypes and products for
testing.
(6) Fully enclosed commercial recreation facilities includin , but not
limited to, tennis clubs, skating rinks, paddle tennis, handball and
squash facilities, dance halls, billiard parlors, .bowling alleys, health
spas and clubs and uses normally accessory and incidental to commercial
recreation, suc as loc er rooms, eating and drinking n facilities, and
retai sae of goods associated with the particular activity.
(7) Laundry or dry cleaning plant subject to the following conditions-
(a) All processes and storage shall be carried on within an enclosed
building.
(b) All fluids used in processing shall be recycled, and the overall
facility shall be designed, located and operated to protect surface
waters and the groundwater reservoir from pollution
(8) Fraternal or social institutional office or meeting hall (non-profit) .
(9) Fast food restaurants, provided that eating on the premises of the
fast food restaurant shall be permitted only inside the structure or
in areas specifically designated and properly maintained outside o
the structure and where minimum lot size fora free-standing structure
is forty thousand (40, 000 square feet.
(10) Drinking establishments.
( 11) Automobile laundry.
( 12) Public garages, gasoline service stations, new and used motor vehicle
lots, vehicle sales and rental, includinq the sale of recreation vehicles
and trailers and boat sales, with accessory repair facilities al subject
to the following requirements:
(a) Entrance and exit driveways shall have an unrestricted width
of not less than twelve 12 feet and not more than thirty (30)
feet and shah be located not less than ten (10) feet from any
pro erty line, ands all be so laid out as to avoid the necessity
of any vehicle backingout across any Public right-of-way.
(b) Sale of used vehicles or boats shall be conducted only as accessory
tot the sale of new vehic es or boats.
(c) Vehicle lifts or pits, dismantled automobiles, boats and vehicles
and all parts or suPe ies s aIT 6e located within a build_
(d) All service or repair of motor vehicles, other than such minor
servicing as c ange o tires or sale o; gasoline or oil, sTia11 be
conducted in a buy ding.
(e) The storage of gasoline or flammable oils in bulk shall be located
fully underground and not less than thirty-five (35) feet_Trom
any property line other than the street line
(f) No gasoline or fuel pumps or tanks shall be located less than
fifteen (15) feet from any street or property line.
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Outdoor area lighting shall be that generally required for
security purposes and shall be restricted to the front one-
third ( 1/3) of the lot depth. All outdoor lighting shall be
located at a height of not more than fourteen (14) feet above
ground level and so directed that illumination should not extend
beyond lot lines.
(h) No gasoline service or repair shops or similar businesses are
to be located within three hundred (300) feet of a church,
public school, library, hospital, orphanage or a rest home.
( 13) Partial self-service gasoline service stations, subject to all of the
provisions of Section 100-101B (12) herein, and the following additional
requirements:
(a) Each partial self-service gasoline facility shall have a qualified
attendant on duty whenever the station is open for business.
It shall be the duty of the qualified attendant to control and
operate both the console regulating the flow of gasoline to the
dispensing equipment thereafter to.be operated by the customer
at the self-service pump island and the dispensing equipment
on the other pump islands.
(b) Gasoline shall at no time be dispensed without the direct
supervision of the qualified attendant. A control shall be
provided which willshut off the flow of gasoline to the
dispensing equipment at the self-service pump island whenever
the qualified atten ant is absent from the control console for
any reason whatever, including when he is operating the
dispensing equipment on the other pump islands.
(c) The console regulating the flow of gasoline to the remote
dispensing equipment thereafter operated by the customer at
the self-service pump island s"hall be situated in such a manner
as to give the qualified attendant controlling said console an
unobstructed view of the operation of said remote dispensing
equipment.
(d) The self-service pump island shall have controls on all pumps
that will permit said pumps to operate only when a dispensing
nozzle is removed from its bracket on the pump and the switch
for this pump is manually operated.
(e) The self-service pump island shall be protected by an automatic
fere protection system in the form of an approved s stem of
dry powder release which will act as an automatic fire extinguisher.
(f) No customer shall be permitted to dispense gasoline unless he
shall possess a valid motor ve ice operator's license.
(g) There shall be no latch-open device on any self-service dispensing
nozzle.
(14) Private transportation service including garage and maintenance
facilities.
C. Accessory uses.
( 1) Accessory uses set forth in and as regulated by Section 100-31C
( I)through (8) of the Agricultural-Conservation District, subject
to the conditions set forth in Section 100-31--f-hereof.
(2) Wall signs as set forth and regulated in subsection C (2) (b) of the
Limited Business District Section 100-81.
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(3) Free-standing or ground signs. Where the building is setback twenty-
five (25) feet or more from the street, one ( 1) sign, single or double-
faced not more than twenty-four (24) square feet, the lower edge of
which shall be not less than four (4) feet above the ground unless
attached to a wall or fence and the upper edge of which shall not extend
more than fifteen (15) feet above the ground shall be permitted, which
sign shall be set back not less than fifteen (15) feet from all street and
property lines and shall advertise only the business conducted on the
premises. As used in this subsection, the word "premises" shall mean
all contiguous property in common ownership.
(4) Open storage of materials or equipment provided that such storage shall
be (1) at least 25 feet from any lot line (2) not be more than six feet
ig , and (3) be suitably screened by a solid fence or other suitable
means of at least six feet in height.
Section 100-102.Bulk, area and parking requirements.
No building or premises shall be used and no building or part thereof shall
be erected or altered in the B)TDistrict unless the same conforms with the
Bulk Schedule and Parking and Loading Schedules incorporated into this
chapter by reference, with the same force and effect as if such regulation
were set forth herein in full.
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17. Article XII (Board of Appeals) is renumbered Article XXVII and a new Article
XII is added in its place, to provide as follows:
ARTICLE XII
Marine Business (MB) District
Section 100-120. Purpose.
To provide a waterfront location for a range of water dependent and water
related uses which are those uses which require or benefit from direct access
to, or location in marine or tidal waters.
Section 100-121. Use regulations.
In an MB District, no building or premises shall be used and no building or
part of a building shall be erected or altered which is arranged, intended or
designed to be used, in whole or in part, for any uses except the following:
A. Permitted uses.
(1) One-family detached dwelling.
(2) Marinas for the docking, mooring and accommodation of recreational
or non-commercial boats,including the sale of fuel and oil primarily
for the use of boats accommodated in such marina.
(3) Boat docks, slips, piers or wharves for charter boats carrying
passengers on excursions, pleasure or fishing trips or for vessels
engaged in fishery or shellfishery.
(4) Beach club, yacht club or boat club including uses accessory to them
such as swimming pools, tennis courts, racquetball facilities.
(5) Boat yard for building,' storing, repairing, renting, selling or servicing
boats which may inc ude the following as an accessory use: office
for the sale of marine equipment ment or ro ucts, dockside facilities for
dispensing of fuel, restroom andlaundry_facilities to serve overnight
patrons.
(6) Mariculture or aquaculture operations or research and development.
(7) Boat and marine engine repair and sales and display, yacht broker,
marine insurance broker.
(8) Buildings, structures and uses owned or operated by the Town of
Southold, School Districts, Park Districts and Fire Districts.
B. Uses permitted by special exception by the Board of Appeals. The following
uses are permitted as a special exception by the hoard of Appeals, as
hereinafter provided, subject to site plan approval by the Planning
Board.
( 1) Retail sale or rental of fishing, diving, boating, bathin supplies
and equipment if accessory to marina or boat yard orships loft or
chandlery.
(2) Restaurants excluding outdoor counter service, drive-ins or curb
service establishments. Such prohibition shall not prevent service
at tables on a covered or uncovered terrace or porch incidental to
a restaurant.
(3) Ferry terminal.
(4) Transient or resort hotels or motels subject to the following conditions
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(a) The minimum parcel area for such use shall be not less than
eve (5) acres.
(b) The number of guest rooms permitted in the hotel or motel shall
be determined by, (1) the proportion of the site utilized for
such use, and (2) the availability of public water and sewer.
The maximum number of guest units -hall be one unit per 4,000
square feet of land with public water and sewer.
(5) Bed and breakfast uses as set forth in and regulated by Sec-tion
100-31B(15) of the Agricultural-Conservation District, except that
no site pan approval is required.
(6) Fish processing plant.
(7) Fish market which may include a combination of wholesale and retail
of finfish and/or shellfish.
(8) Museum with nautical theme or art gallery.
C. Accessory uses, limited to the following:
( 1) Accessory uses as set forth in and re ulated by Section 100-31C (1)
through (7) of the Agricultural-Conservation District, and subject
to the conditions of Section 100-33 thereof.
(2) Signs, as set forth in and regulated by Section 100-81C (2) of Limited
Business District.
(3) Sanitary facilities and laundry facilities.
Section 100-122. Bulk, area and parking requirements.
No building shall be used and no building or part thereof shall be erected or
altered in the MB District unless t e same conforms with the Bulk Schedule and
Parking and Loading Schedules incorporated into this chapter, by reference,
with the same force and effect as if such regulations were set forth herein in
full.
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18. Article XIII is repealed an a new Article XIII ;s added in its place, to provide
as follows:
ARTICLE XIII
Light Industrial Park/Planned Office Park (LIO) District
Section 100-130. Purpose.
The purpose of the Light Industrial Park/Planned Office Park (LIO) District
is to provide opportunity for the location of business and professional offices,
research facilities, industrial uses and similar activities in an open, cam us-
ike settin in areas which are not appropriate for commercial activity or low
density residential development. Int is area such uses can be estab ished in
an attractive environment and serve both as a means of preserving the open
qualities of an area and providing an area, adjacent to hamlet areas where such
uses can be appropriately developed with suitable protection for ground and
surface waters. All uses must conform to Suffolk County Health Department
standards.
Section 100-131. Use regulations.
In a LIO District, no building or premises shall be used, and no building or
part of a building shall be erected or altered which is arranged, intended or
designed to be used, in whole or in part, for any purpose except the following
A. Permitted uses.
1_ Any permitted uses set forth in, and as regulated by Section 100-
31A (2) and (3) of the Agricultural-Conservation District.
2. Any permitted uses set forth in and as regulated by Section 100-101A
(3) to (5) of the General Business District.
3. Office buildings for businesses, governmental, and professional uses,
including administrative training, data processing, publication,
financial and sales offices.
4. Telephone exchanges.
5. Buildings, structures and uses owned or operated by the Town of
Southold, School Districts, Park Districts and Fire Districts.
B. Uses permitted by special exception of the Board of Appeals. The following
uses are permitted as a special exception by the Board—of Appealsas hereinafter
provided, subject to site plan approval by the Planning Board.
(1) Any special exception use set forth in and as regulated by Section
100-101 B (5) , (7) and (10) of the General Business District.
(2) Light industrial uses involving the fabrication, reshaping, reworking,
assembly or combining of roducl from reviously prepared materials
and which do not invo vet a synthesis of chemical or chemical products
other than for pharmaceutical or research purposes or the processjnja
o any raw materials except agricultural raw materials. Such uses
may include industrial operations such as electronic, machine parts
and small component assembly, as o nosed to hear industrial
operatioris suc as automobile assembly r� iling activities and will
be subject to the following conditions:
(a) No such process or operation shall involve the handling, storage
or discharge of ex losives or ermit upon the premises any virus
or other type of infectious organisms identified with diseases
of animals or humans.
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(b) No offensive noises, gases, fumes, smoke, odors, dust,
e uent or vibrations shall emanate from such use and no
waste products shall be discharged therefrom of a character
to create a nuisance or to be injurious to health or to negatively
impact groundwater.
(c) Such processes shall involve the use of only oil, gas or electricity
for fuel.
(3) Conference facilities subject to the following conditions :
(a) Where rooms are provided for conference attendees, they should
e permitted at the same number per acre as hotel/motel guest
units set forth in and regulated by Section 100-61B (6) of the
Resort Residentia
(4) Public utility structures and uses.
(5) Printing or publishing plants.
(6) Truck or bus terminals (garages, parking facilities, loading docks,
etc.
(7) Food processing and packaging plants (not including fish processing
plants) .
(8) Wholesale and retail sales and repair of boats and marine items.
(9) Boat building; boat servicing; boat storage facilities.
( 10) Restaurants.
(11) Sauerkraut manufacturing plant.
(12) Basic Utility Stage II airport, subject to the following condition:
(a) Minimum parcel size shall be 100 acres.
(13) Bed and Breakfast uses as set forth in and as regulated by Section
100-31B(15) , provided that no site plan approval is required
C. Accessory uses:
(1) Accessory uses on the same lot with and customarily incidental to
any permitted or special exception use and not involving a separate
business. -
(2) Wall signs as set forth in and regulated by Section 100-81C (2) (b)
of the Limited Business District, limited to a maximum size of thirty
(30) square feet in area.
(3) Freestanding or ground signs as set forth in and regulated by Section
100-101C (3) of the General Business District.
(4) Fully enclosed storage facilities incidential to the principal use.
(5) Open storage as set forth in and regulated by Section 100-101C (4)
of the General Business District.
(6) Indoor and outdoor recreation facilities for the exclusive use of
executives and employees-of the principal use, and their families.
(7) In-service training schools for employees of the principal use.
(8) Private garages for the storage and service of motor vehicles owned
by the owner of the principal use or the executives or emplo ees
thereof, or visitors thereto, including the sae of them, but not to
the public generally of gasoline, oil and minor accessories.
-49-
(9) Central heating and power plants accessory to the principal use and
service of all structures on the premises.
(10) Maintenance and utility shops incidental to the principal use.
( 11) Off street parking and loading. Said areas shall not be nearer than
fifty (50) feet to any lot line or street, and if generally adjacent to
any street or any residence district, shall be suitable screened by
a landscaped strip of at least ten 10) feet in width.
Section 100-132. Bulk, area and parking requirements.
No building or premises shall be used and no building or part thereof
shall be erected or altered in the LIO Light Industrial Park/Planned
Office Park District unless the same conforms with the Bulk Schedule and
Parking and Loading Schedules incorporated into this chapter by reference,
with the same force and effect as if such regulations were set forth herein
in full.
-50-
19. Article XIV (Administration and Enforcement) is renumbered Article XXVIII
and a new Article XIV is added in its place, to provide as follows:
ARTICLE XIV
Light Industrial (LI) District
Section 100-140. Purpose.
The purpose of the Light Office (Ll) District is to provide an opportunity for
business and industrial uses on smaller lots than would be appropriate for the
LIO Light Industrial Park/Planned Office Park District.
Section 100-141 . Use regulations.
In a LI District, no building or premises shall be used, and no building or part
of a building shall be erected or altered which is arranged, intended or designed
to be used, in whole or in part, for any purpose except the following:
A. Permitted uses.
( 1) Any permitted uses set forth in, and as regulated by Section 100-
31A (2) and (3) of the Agricultural-Conservation District.
(2) Any permitted uses set forth in and as regulated by Section 100-131A
(2) to (5) of the Light Industria Park Planned Office Park District
131 .
B. Uses permitted by special exception of the Board of Appeals. The following
uses are permitted as a special exception by the Board of Appeals,as hereinafter
provided and subject to site plan approval by the Planning Board
( 1) Any special exception use set forth in and as regulated by Section
100-131B ( 1) to ( 11) of the Light Industrial Park/Planned Office Park
District.
(2) Bed and Breakfast uses as set forth in and as regulated by Section
100-31B( 15) , provided -that no site pan approval is required.
C. Accessory uses.
( 1) Accessory uses on the same lot with and customarily incidental to
any permitted or special exception use and not involving a separate
business.
(2) Wall signs as set forth in and as regulated by Section 100-81C (2) (b)
of the Limited Business District, limited to a maximum of thirty (30)
square feet in area.
(3) Freestanding or ground signs as set forth in and as regulated by
Section 100-101 C (3) of the General Business District.
(4) Accessory uses as set forth in and as regulated by Section 100-131C
(3) and (7) through (10) of the Light Industrial Park/Planned Office
Park District. —
Section 100`142_ Bulk, area and parking requir,!ments.
No building or premises shall be used and no building or part thereof shall
Ge erected or altered in the LI Light Industrial District unless the same conforms
with the Bulk Schedule and Park ni and Loading Schedules incorporated into
this chapter, by reference, with the same force and effect as if such requlations
were set forth herein in full. --- -- -
-51-
20 , Article XV (Amendments) is renumbered Article XXIX, and a new Article
XV is added in its place to provide as follows:
ARTICLE XV
Density, Minimum Lot Size
and Bulk Schedu es
Section 100-150. Existing Bulk and Parking Schedule
The existing "Bulk and Parking Schedule" incorporated into this chapter
by reference is hereby repealed, and the Density, Minimum Lot Size, and
Bu k Schedules hereinafter set forth are substituted in place thereof.
Section 100-151. Density, Minimum Lot Size, and Bulk Schedules.
Except as otherwise provided in this chapter, no building or premises shall
be used or occupied and no building or structure or part thereof shall be
erected or altered in a use district unless the same conforms with the Density
and Minimum Lot Size Schedules and the Bulk Schedules hereinafter set
forth.
-52-
DENSITY AND MINIMUM LOT SIZE SCHEDULE
FOR RESIDENTIAL DISTRICTS*
AC R-40 R-80 R-120 R-200 R-400 HD :P RO
Residential Residential Residential Residential Residential Hamlet Pe;.,::
District: Agricultural Low Density Low Density Lor Density Lew Density Lor Density Density -es:'ential Pesidentia:
Conservation One Acre Two Acre Three Acre Five Acre Ten Acre Residential Office
MINIMUM LOT SIZE (in s;,:are feet):
QNE-FAMILY DETACH= DWELLING:
Residential unit without utilities 80,000 40,000 80,000 120,000 200,000 400,000 20,000vii .10,OOGvil v 11 40,000
Residential unit with community water not applicable (na) na na na na na 20,000 2G,CW na
Residential unit with community water
and sewer na am na na na na 10,000x1 10,000x1 na
TWO-FAMILY DETACHED DWELLING: xii 111 x11 v vi vi it iii
Ivo-family dwelling vitbout utilities 160,000 80,000 160,000 240,000 400,000 800,000 40,00011 40,000 i 80,000
Two-family dwelling with community water na na na na na na 40,000 40,000' na
Two-family dwelling with community water
and sever na na na na na na 20,p0pvii 20,000 na
MULTIPLE DWELLING ,MilT OR TOWN HOOSE:**
Multiple dwelling or townhouse witbout
utilities na na na na na na 20,000 20,000 na
Multiple dwelling or townhouse with cYf
coamunity water na ne no na na no 20,000 20,000 na u9
Multiple dwelling or townhouse vitb
coexurity rater and sewer na na na na na na 10,000 10,000 na
MOTEL, HOTEL OR CCNTMLE 10E CENTER GUEST UNIT**
Guest unit vitbout utilities na na na na na na na 6,000 ma
Aust unit with cor-munity water na na na na na na na 6,000 na
Guest unit with community water and sever na na na na na na na 4,000 na
. N
ON-RES IDENT IAL USE (as permitted)
Use with or without utilities 80,000 40,000 80,000 120,000 200,000 400,000 na 4C,000 40,000
*Roman numerals refer to e;plicable column in the Residential Bulk Schedule. Where no Roman numeral is;indicated, refer to district column In the Residentia' Schedule.
**For multiple dwel:it;, hotel, motel and/or conference uses (where permitted) this table refers to minimum lot area per unit. Refer to the Residential Pulk Sz`edL:e fo: Ictal
lot sire, yard and sem,ack dimensions for the applicable district, unless more restrictive requirements are indicated in the text of the chapter.
DENSITY AND MINIMUM LOT SIZE SCHEDULE
FOR NON-RESIDENTIAL DISTRICTS*
District: LB HB B M-B LIC LI
Limited Hamlet General Marine L:;`:t <r. s:::a: Light
Business Business Business Business Gff:ce Perk Industrial
MINIMUM IAT SIZE (in square feet):
BUSINESS, OFFICE, INDUSTRIAL OR OTHER NON-RESIDENTIAL USE
Use with or without utilities 80,000 20,000 30,000 80,000 120,600 40,000
ONE-FAMILY DETACHED DWELLING:
vii
Residential unit without utilities 80,000111 20,000vIt as 20 iL it na na
• Residential unit with community water not applicable (na) 20,000x1 oa 20,000x1 na na
Residential unit with community water and sewer na 10,000 na 10,000 na na
TWO-FAMILY DETACHED DWELLING:
Two-family dwelling without utilities 160,000x11 40,00011 na 40,00011 na na
Two-family dwelling with community water ft40,000 11 oa 40,000v11 na na
Two-family dwelling with community water and sewer na 20,000 na 200000 Be na
MULTIPLE DWELLING UNIT OR TOWN HOUSE:**
Multiple dwelling or townhouse without utilities na 20,000 na 20,000 na na
Multiple dwelling or townhouse with community waterna 20,000 na 20,000 na na to
Multiple dwelling or townhouse with 1
comwmity water and sewer na 10,000 na 10,000 na na
MOTEL, HOTEL OR CONFERENCE CENTER GUEST UNIT**
Guest unit vithout utilities na 6,000 6,000 6,000 6,000 6,000
Guest unit with community water na 6,000 6,000 6,000 6,000 6,000
Guest unit with community water and sewer na 4,000 4,000 4,000 4,000 4,000
• *Roman numerals refer to applicatle column in Residential Bulk Schedule.
"For multi;:e dwelling, hotel, motel and/or conference uses (where permitted) this table refers to minimum lot area per unit. Refer to the Residential Bulk Schedule for total
lot size, yard and settack dimensions for the applicable district, unless more restrictive requirements are indicated in the text of the chapter.
BULK SCHEDULE
RESIDEMIAL DISTRICTS
i ii iii iv v vi vii Ix x xi xii
Residential Use* Two-Family
Where Conrmi_y Detached
District: A-C R-40 R-80 R-120 R-200 R-400 HD RR RO Water and Sever Nel:ings in
Available R-80 District
MINIMUM REWIREPOENTS FOR
ONE-FAMILY DETACHED DWELLINGS:
Lot site (square feet) 80,000 40,000 80,000 120,000 200,000 400,000 20,000 20,000 40,000 10,000 160,000
Lot width (feet) 175 150 175 200 270 270 75 75 1S0 60 270
Lot depth (feet) 250 175 250 300 400 400 120 120 175 80 400
Front yard (feet) 60 50 60 60 60 60 35 35 50 30 60
Side yard (feet) 20 15 20 30 30 30 is 15 15 15 30
Both side yards (feet) 45 35 45 60 60 60 30 30 35 30 60
Rear yard (feet) 75 50 75 85 100 100 35 35 50 30 8S
• Livable floor area 850 850 850 850 850 850 850•• 850*** 850 850 850
(square feet per dwelling unit)
MAXIMUM PERMITTED DIMENSIONS
Lot coverage (percent) 20 20 20 10 5 S 25 25 20 25 10
Building height (feet) 35 35 35 35 35 35 35 35 35 35 35
Number of stories 2h 2y 2h A 2h 2; 2h 2h A 2tj 2�
i
Ln
Ln
• See'text of chapter and Density and Minimum Lot Site Schedules for applicable districts.
**Except one-bedroom or studio In multiple dwelling may have 600 square feet. Minimum floor area may be reduced up to 201 for moderate and/or lover cost dwellings.
***Except one-bedroom or studio in multiple dwelling may have 600 square feet.
BULK SCHEDULE
BUSINESS, OFFICE AND INDUSTRIAL DISTRICTS
LB HB B MB LIO LI
District: Limited Hamlet General Marine Light Industrial Light
Business Business Business Business Office Park Industrial
MINIMUM REQUIREMENTS FOR
BUSINESS, OFFICE, INDUSTRIAL
OR OTHER NON-RESIDENTIAL USE*
Lot size (square feet) 80,000 20,000 30,000 80,000 120,000 40,000
Lot width (feet) 175 60 150 150 200 100
Lot depth (feet) 250 100 150 150 300 150
Front pard (feet) 60 15 50 35 75 50
Side pard (feet) 20 10 25 25 30 20
Both side yards (feet) 45 25 50 50 60 40
Rearand (feet) 75 25 35 25 75 70 i
Laniscape area (percentage) u,
9 ) 35 25 35 20 3525Ln
MAXIMUM PERMITTED DIMENSIONS '
Lot coverage (percent) 20 40 30 30 20 30
Building height (feet) 35 35 35 35 35 35
Number of stories 2i 2 2 2 2 2
*For minimum requirements for residential uses, refer first to Density and Minimum Lot Size Schedule for Non-Residential Districts and then
to appropriate indicated column in the Bulk Schedule, Residential Uses.
21. Chapter 100 is amended by adding a new ,'�,,�ticle thereto, to be Article XVIII ,
to provide as follows:
ARTICLE XVIII
Cluster Development
Section 100-180. Purpose.
The purpose of this provision is to encourage flexibility and inovation in the desi n
of residential development that cannot be achieved on many sites through adherence
to traditional zoning and sub ivision regulations. Further, the application of
the cluster development technique is intended to achieve:
A. Maximum reasonable conservation of land and protection of groundwater supply
and groundwater recharge areas.
B. Preservation of agricultural activity by encouraging retention of large continuous
areas of agricultural use.
C. Variety in type and cost of residential development, thus increasing the choice
of housing types available to Town residents.
D. Preservation of trees and outstanding natural features, prevention of soil
erosion, creation of usable open space and recreation areas and preservation
of scenic qualities of open space.
E. A shorter network of streets and utilities and more efficient use of energy
Than would be possible through strict application of standard zoning.
Section 100-181 . Applicability.
A. On lots of ten (10) or more acres in the Agricultural Conservation, the R-
40 and R-80 Districts and the. Low Density Residential. R-120, R-100 and R-
400 Districts, clustering will be required, subject to the following conditions:
(1_) The residential use will be single family detached homes for lot sizes
of 30,000 square feet or larger; and detached or attached houses for
lot sizes less than 30,000 square feet.
(2. ) The density of these homes will be as specified in the particular district
and determined as indicated in subsection C below.
(3. ) The minimum lot size shall be:
a_ without public water and sewer 30,000 square feet
b_ with public water 20,000 square feet
C. with public water and sewer 10,000 square feet
B. In the Low Density Residential Districts, to wit, the A-C Agricultural Conservatior
R-80, R-120, R-200 and R-400 Districts, clustering is permitted and may
be mandated by the Plan:iinq Board in the exercise of discretion, without
the requirement that the owner make written application for the use of such
procedure.
C. Determination of density and zoning modifications.
( 1) An application for cluster development shall include a map or maps showing
the proposed cluster design or designs offered for consideration by
the Planning Board, together with a map which shall be prepared for
consideration as a standard subdivision conforming to all requirements
of the Zoning ode and subdivision regulations of the Town of Southold.
(2) The total building lot yield of the standard subdivision shall be used
to etermine the yield in the number of building lots which the Planning
Board may grant in a cluster development. A cluster development design
may be prepared for any contiguously owned holdings, whether or not
they are separated by an existing street offering direct access to such
holdings. In all other cases, the holdings shall be considered as separate
parcels.
-57-
(3) In a cluster development, lot area, width, depth, front yard,
rear yard and side yards may be reduced to less than the minimum
requirements set forth in the Bulk Schedule, provided that such
modification or changes shall not result in a greater average
density or coverage of dwelling units than is permitted in the
zoning district wherein the land lies.
D. The area of a cluster development shall be in single ownership or under
unified control.
E. Prior to the issuance of a building permit in a cluster development, a site
plan shall be submitted to and approved by the Planning Board in accordance
with Article XXV of this chapter and the following conditions;
( 1) Said site plan shall include areas within which structures may be
located, the height and spacing of buildings, the location of open
spaces and their landscaping, off-street open and enclosed (if any)
parking spaces, and streets, trails, site easements and recreation
facilities, driveways and any other p y-sisal features relevant to the
proposed plan and determined to be necessary by the Planning Board.
(2) Said site plan shall include a statement setting forth the nature of
all proposed modifications of existing zoning provisions.
F. Nothing contained in this chapter shall relieve the owner or his agent or
the developerof a proposed cluster development from receiving final plat
approval in accordance with the Town subdivision regulations. In approving
the final plat for a cluster development, the Planning Board may modify
t e acreage requirement for recreation areas as set forth in the Town's
rules governing subdivision review, provided that the common land dedicated
meets all other requirements oft the Town subdivision regulations.
G. Common Areas.
( 1) The Planning Board shall establish such conditions on the ownership,
use, and maintenance of common areas, including open space, as it
deems necessary to assure the preservation of such areas for their
intended purpose. Common areas and/or open space may either be
retained by a condominium corporation or it may be deeded to a hom
-eowners
or homes association comprised of the residents of the subdivision
and reserved for their use or other mechanism acceptable to the Town
Board and Town Attorney. Said common areas may be used for agricultural
use, for passive recreational uses, for visual amenity and/or nature
study, or for necessary accessory uses such as parking.
(2) A cluster development shall be organized as one of the following : a
condominium corporation; a Homes or a Homeowners Association
approved by the Federal Housing Administration for mortgage
insurance as a Planned Unit Development, and the Town Board; a
Homes Association approve_ by the Town Attorney and Town Board;
or apy other arrangements approved by the Town Attorney and Town
Board as satisfying the intent of this chapter. Whenever a Homes
Association is proposed— 1--t-Fe Town Boards al retain the right to
review and approve t eArti_cTe_s_o_f Incorporation and the Charter
and bylaws of said Hornes Association and any amendments or revisions
_
ti ereof, and to require whatever conditions deemed necessary to,
ensure that the intent and purpose of this chapter-are carried out.
Iii consideration of said approval, the Town Board shall, in part,
require Cie cluster development to meet the following-_conditions_
(a) A Homes Association shall be established as a not-for-protit corpora-
tion operating under recorded land agreements through which
each lot owner, and a� succeediowner according to the deed
to each unit, is automatically a member, and each lot is automatically
subject to a charge for a proportionate share of the expenses
-58-
for the organization's activities including real property taxes
and the maintenance of the common land and facilities.
Each lot shall be subject to a lien in the event of non-payment
by the owner thereof of his proportionate share of the expenses
for the association.
(b) Title to all common property shall be placed in the Homes
Association, or definite and acceptable assurance shall be given
that it automatically will be so placed within a reasonable period
of time.
(c) Each lot owner shall have equal voting rights in the Association
and shall have the rig t tot the use and enjoyment of the common
property`
(d) Once established and title to the common land is conveyed to
the Homes Association, all responsibility for operation and maintenance
of the common land and facilities shall lie with the Homes Association.
(e) Dedication of all common areas shall be recorded directly on the
final plat, an or by reference on that plat to a dedication in
a separately recorded document. Resubdivision of such areas
is prohibited. The dedication shall :
( 1) Save the title to the common property to the Homes Association
free of any cloud of implied public dedication.
(2) Commit the developer to convey the areas to the Homes
Association at an approved time.
(3) Grant easement of enjoyment over the area to the lot owners,
subject to restrictions ass all be imposed by recorded
restrictive covenants.
(4) Give to the Homes Association the right to borrow for
improvements upon the security of the common areas.
(5) Grant to the Homes Association the right to suspend mery bership
rights for nonpayment of assessments or infraction- of established
rules.
H. Covenants shall be established, limiting all lots to one-family use and all
common lands to open space uses approved by the Town Board. No
structures may be erected on such common lands except as shown on the
approved site pan and approved by the Town Board. Such deed restriction
or covenant shall specifically prohibit any development for other than
open space or ar.,ricultural use on the specified open land and/or conservation
area.
I_ Each deed to each lot cold shall include by reference all recorded declarations
and other restrictions including assessments and the provision for liens
for nonpayment of such.
J . The Homes Association shall be perpetual; It shall purchase insurance,
pay taxes, species in-its charter and bylaws an annual homeowner's fee,
make provision for assessments and provide t antall such chafes become
a Tien_ on each lot in favor of said Association. The Association shall
nave the right to proceed-in accordance wr all necessar_leclal action
for tFieforeclosure a— nd enforcement of liens, and it shall also have the
right to commence action against any member for the collection of any
un aid assessment in any court of compentent jurisdiction.
K. The developer shall assume all responsibilities as previously outlined for
the Homes Association until a majority of the dwelling sites are sold, at
which time the Homes Association shall be automatically established by the
developer at the developers expense, and title to the common area conveyed
by the developer to the Homes Assocratron. -- `---- -`�-- --
-5 9-
L. Prior to plat approval, the developer shall file a performance bond
with the Town Board to ensure the proper installation of all required
improvements, including recreation improvements, and a maintenance
bond to ensure the proper maintenance of all common lands until the
Homes Association is established and title to the common lands conveyed
to the Homes Association. The amount and terms of said bonds, and
the form, sufficiency, manner of execution and sufficiency of the surety
shall be approved by the Town Board and the Town Attorney.
M. The certificate of incorporation of the organization and its by-laws
shall contain the following provisions and notice of said provisions
shall be specifically given in any brochure or prospectus issued by
the developer, namely:
(1) That such organization is established to own and maintain common
open space or common elements and that if such organization,
or any successor organization, shall at any time after title to
such common land and other common elements is conveyed to it
shall fail to maintain the common open space and other common
elements in reasonable order and condition in accordance with
the plan proposed, the Town Board may cause a written notice_
to be served by certified mail upon such organization, at its
address as shown upon the last completed town assessment roll,
or in the same manner upon the owners of the lots in such
subdivision at their address as own upon the last completed
assessment roll, which such notice shall set forth (a) the
particulars in which the common open space and other common
elements have not been maintained in reasonable order and
condition; (b) a demand that such deficiencies in maintenance
shall be remedied within thirty (30) days from the date of such
notice; (c) that upon the failure to remedy such default in
maintenance, within the time specified, that the Town Board will
old a hearing upon--t'Fie matter upon not less than five (5) days'
notice in writing sent by certified mail to such organization or
to such lot owners; (d) that after such hearing, the Town
Board may take such action as it deems appropriate to provide
for the proper maintenance of such common open space and common
elements, and that any and all costs and expenses incurred b
t e Town for such purposes may be assessed upon all of the lots
in such subdivision and be collected in the same manner and at
the same time as real property taxes are collected in the Town
of Southold.
N . The Town Board, in order to insure that the open space will be used
for its intended purposes,. shall have the continuing right to impose
building controls anct restrictions on the use and maintenance of the
common open space lands_
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22. Chapter 100 is amended by adding a new Article thereto, to be Article XIX,
to provide as follows:
ARTICLE XIX
Parking and Loading Area
Section 100-190. Pose.
Regulations for off-street parking and truck loadi2_9 areas are imposed in order
to minimize traffic congestion, air pollution, the risk of motor vehicle and pedestrian
accidents, and to address aesthetic considerations.
Section 100-191 . Off-street parking areas.
A. Off-street parking spaces, open or enclosed, are permitted accessory to an
use specified below. Any land which is developed as a unit under single ownership
and control shall be considered a single lot for the purpose of these parking
regulations. Reasonable and appropriate off-street parking requirements for
structures and uses which do not fall within t e categories listed below shall
be determined by the Planning Board upon consideration of all factors enterin
into the parking needs of each use. Forthose uses not specified in the schedule,
there shall be a periodic monitoring of off-street_parking conditions to insure
that the purpose of this article is satisfie . In addition, the Planning Board
may waive all or a portion of these requirements within the Hamlet Business
District where it shall find that municipal parking facilities within three hundred
(300) feet of the proposed use will adequately serve the proposed use.
-61-
TYPE OF USE REQUIRED NUMBER OF PARKING SPACES
Accessory apartment in existing One per accessory apartment in addition
one-family dwelling to two for one family dwelling.
Antique shop, auction gallery, arts One per 250 square feet of sales area.
and crafts shop and workshop
Apartment over store One per apartment in addition to business
requirements.
Auditorium, meeting hall One per 50 square feet of seating area,
but not less than one per four seats where
provided.
Automobile laundry One per employee plus a ten space queuing
line area for each laundry bay.
Bank Ten spaces or one space for each 100 square
feet of gross floor area or three spaces per
teller, whichever is greatest plus a five
space queuing area for each drive-in teller.
Beach club or swim club Two spaces per three members.
Bed and breakfast enterprise One space per guest room in addition to
residentialrequirements.
Boarding house, tourist house One space per guest room in addition to
residential requirements.
Boat and marine engine repair and One space per 250 square feet of gross floor
and sales, if separate from marina area.
Boatyard, including boat sales and Sales and rental portion, three spaces, in
rentals addition to marina requirements.
Bowling Lane At least four spaces perlane.
Building, electrical or plumbing One space for each employee plus two spaces.
contractor's business or yard
Cold storage plant Three spaces or one per 800 square feet
of gross floor area.
College .5 spaces per student plus . 75 space per
staff member.
Conference facilities Ones ace per four seats in the largest assembly
hall or meeting area plus one space for each
four seats in classroom facilities.
Drinking establishments One space per three seats or one space per
100 square feet of floor space, whichever
is greater.
Fish market, including wholesale and One space per 200 square feet of gross floor
and retail sale of finfish and or area.
shellfish.
Food processing and packaging, . 75 spaces per employee or one space per
including fish processing 500 square feet o grossoor area, whichever
is greater. `--
-62-
Fraternal or social office or meeting See office.
hall
Funeral home One space for each three seats provided
herein or one space for eachl,00 square feet
of space available for public use, whichever
is greater with a minimum of 25 spaces.
Gasoline service station, partial Three space queuing area for each pump
self-service plus one space for—each employee.
Gasoline service station with minor Same as gasoline service station above plus
indoor repair facility two for eac ay.
Greenhouse, floral shop, flower shop, One space per employee plus three spaces,
nursery, or simi ar facilities either or one space per 200 square feet of sales and/or
enc osed or unenclosed. display area whichever is greater.
Home occupation, including home Three spaces per home occupation plus two
professional office, except physician spaces required for sin a family residence.
or dentist
Hospital One space for each bed.
Hotel, motel, resort and transient One space for each guest room and one for
each employee or one space per guest
room, whichever is greater, plus accessory
use parking as required.
Inservice training facilities for See conference facilities.
employees
Laundry plant, dry cleaning plant One per employee plus one per 200 square
eee o customer service area.
Laundromat .75 per washing machine.
Library, museum, art gallery See auditorium.
Light industrial uses One per employee or one per 500 square
feet of floor area, whichever is greater.
Mariculture/aquaculture business See light industrial.
Marina One space per boat slip, mooring, dock
space or similar unit of capacity, plus one
space per employee.
Membership club, country club, golf At least one for each two members or accommoda-
club or golf course public, tennis tions (such as lockers) , whichever is greater,
club plus one for each employee.
Motor vehicle, mobile home sales room One per each 600 square feet of showroom
or outdoor sales lot including and sales lot area plus one per emp oyee.
rental of equipment
Multiple dwelling (three or more Studio 1 . 5 per dwelling unit
families) 1 bedroom . 5per well ng unit
2 bedroom 2.0 per dwelling unit; . 25
spaces are required for each
bcdreom in excess of the
first two bedrooms.
-63-
Nursing home, proprietary rest home One for each bed.
Office: business governmental and One per 100 square feet of office floor area.
professional except physicians or
dentists-
Office: for physician or dentist Five spaces per physician or dentist.
One-family detached dwelling Two spaces per dwelling.
Personal service shop: barbershop, 2.5 spaces per service chair.
beauty parlor
Philanthropic, eleemosynary or One space per bed.
religious institution
Place of worship See auditorium.
Printing or publishing plant See light industrial.
Professional studio, travel agency See office.
Recreational facility, fully enclosed, One space for each 300 square feet of gross
commercial floor area except: court sports--five spaces
per court--and rink sports--one space per
200 square feet of rink area.
Repair garage Fours aces per bay plus ones ace per
employee.
Repair shop for household, business, One space per 200 square feet of customer
or personal appliances service area.
Research design or development See light industrial.
laboratory
Restaurant, drive-in, curb service One space per two seats or one space per
or fast food 50 squareeeto' Toor space, whichever
is greater.
Restaurant (except drive-in) Ones ace per three seats or ones ace per
100 square feet off oor space, whichever
is greater.
Retail sale or rental of fishing, diving If separate use, see retail shop; if accessory
or bathing supplies or equipment; use one space for each employee plus two
ship's loft or chandlery spaces in addition to primary use.
Retail shop or store (other than those At least one per 200 square feet of gross
listed herein) f oor area.
Roadside farm stand Minimum of four spaces per stand.
School, elementary Two spaces per classroom plus auditorium
requiremer.+
School secondary Two spaces per classroom plus one per ten
students er auditorium requirement, whichever
is greater.
Shop for custom work and for making See retail store.
articles to be sold at retail on the
premises.
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Storage yard One space per employee plus four spaces
or one space for each 5, 000 square feet
of storage area, whichever is greater.
Theater or cinema, other than outdoor See auditorium.
Tourist camp One space for each accommodation plus one
space for each emploYee plus three spaces
or visitors.
Townhouse See multiple dwelling unit.
Two-family detached dwelling Three spaces per dwelling.
Veterinarian and animal hospital Two spaces per employee or one space per
200 feet of gross floor area, whichever is
greater.
Warehouse or storage building One per 1 , 000 square feet of gross floor
area.
Wholesale business, including lumber One per 1,000 square feet of gross floor
and other building products area.
Wholesale/retail beverage distribution One space per 150 square feet of gross floor
area.
Wholesale/retail nursery and/or sale
of plants One space for each 200 square feet of gross
floor area for retail use or one space for
each employee plus three spaces for wholesale
use WitR minimum of four spaces.
Yacht club Same as marina.
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• c • �
B. Areas computed as parking spaces. Areas which may be computed as open or
enclosed off-street parking spaces include any private garage, carport or other
area available for parking, other than a street or a driveway. However, a
driveway within a required front yard fora one-family or two-family residence
may count as one parking space.
C . Size of spaces. Three hundred and fifty (350) square feet shall be considered
one parking space to provide room ftor stan in area and aisles for maneuvering) .
Aisles between rows of parkin spaces shall be not less than twenty-two (22)
feet wide, unless reduced for sixty (60) degree angle parking, in which case
the aisle space should be not less than sixteen ( 16) feet wide. Entrance an
exit lanes shall not be computed as parking space except for driveways for one-
family and two--family residences. The minimum parking stall width shall be
nine (9) feet and the minimum length shall be nineteen (19) feet.
D. Access. Unobstructed access to and from a street shall be provided. Such
access shall consist of at least one (1) ffifteen 15) foot lane for parking areas
with more than four (4) spaces but less than twenty (20) spaces, and at least
two (2) ten (10) foot lanes for parking areas with twenty (20) spaces or more.
No entrance or exit for any off-street parking area shall be located within fifty
50) feet of any street intersection, nor exceed a grade of six (6) percent
within twenty-five (25) feet of any street line nor ten (10) percent at any
other point. All points of ingress or egress shall be appropriately signed,
unless such signing is considered unnecessary by the Planning Board.
E . Drainage and surfacing. All open parking areas shall be property drained
within the premises and all such ami reas shall be provided with a dustless
surface, except for parking spaces accessory to a one-family or two-family
residence. Curbs, paving, sidewalks and drainage facilities shall comply with
standards established in Town ordinances, regulations or specifications and shall be
approved ar)d constructed under e supervision of Superintendeit -ot Hiahways
or his agent.
F. Joint facilities. Required parking spaces, open or enclosed, may be provided
in spaces designed to serve jointly two or more establishments, whether or not
located on the same lot, provided that the number o required spaces in such
joint facilities shall be not less than the total required for all such establishments
G . Combined spaces. When any lot contains two (2) or more uses having different
parking requirements, the parking requirements for each use shall apply to
the extent of that use. Where it can be conclusively demonstrated that one or
more such uses will be generating a demand for parking spaces primarily during
periods when the other use or uses is not or are not in operation, the Planning
Board may reduce the total parking spaces required for that use with the least
requirement.
H. Location and ownership. Required accessory parking spaces open or enclosed,
shall be provided upon the same lot as the use to which they are accessory or
elsewhere, provided that all spaces therein are located with two hundred (200)
feet walking distance of such lot. In all cases, such parking spaces shall
conform to all the regulations oft the districl in w ich parkin spaces are
located, and in no event shall such parking spaces be located in any residence
district unless the use to which the spaces are accessory is permitted in such
residence district or upon .pAppea
proval y the Board of ls. Such spaces shall
be in the same own—ersFias a use to whicht ey are accessory and shall be
subject to deed restriction, a roved -the Board, bindiri the owner and his
- �p--- -- -9- - - -
rS and asSi_VnS to maintain the re uire number of spaces available either
throughout the existence 6f such use tow ick they are accessor)/-or until Such
spaces are provided elsewhere (unless municipally owned spaces are__u_tili_zed_
in accordance with subsect on (AofSecti n 100-191 above)
I . Lots dividedby district boundaries. When a parkin lot is located Curtly in
Dile district and partTy in anotFer�ist^rict, tFe re uli tions or tliedistrict requirin
the greater number of p-artcing spaces-Ds to aToi` Qi lot_„Parkin
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spaces on such a lot may be located without regard to district lines, provided
that no such parking spaces shall be located in any residence district unless
the use to which they are accessory is permitted in such district or upon
approval of the Board of Appeals.
J . Parking regulations in multiple-dwelling or attached-dwelling developments.
(1_) Wherever space is provided for the parking of five or more vehicles
in the open, such spaces shall be individually identified by means
of pavement markings.
(2.) No parking space shall be located in any front yard nor within ten
Te—et of any lot line in side or rear yards.
(3.) The parking of motor vehicles is prohibited within fifteen (15) feet
of any wall or portion thereof of a two or more family dwelling, which
wall contains windows (other than bathroom or kitchen windows) with
a_ sill height of less than eight (8) feet above the level of the said
parking space.
(4. ) No service of any kind shall be permitted to be extended to users
of the lot, including automobile service, repair or fueling, and no
gasoline, oil, grease or other supplies shall be stored or sold in any
such lot or in any garage on such lot.
(5. ) Parking areas shall be screened by a substantial wall, fence or thick
hedge, approved by the Planning Board. Generally, suc screening
shall not be less than four (4) feet nor more than eight (8) feet in
eight.
K . Regulations for parking spaces adjacent to lots in any residence district.
(1_) Wherever a parking area of over five spaces abuts or is within fifteen
(15) feet of the side or rear lot line of a lot in any residence district,
t e said parking !ot shall be screened from such adjoining lot by a
substantial wall, fence or thick hed e, approved by the Planning
Board. Generally, such screens all be not less than four (4) feet
nor more than eight (8) feet in height.
(2. ) Whenever a parking area of over five (5) spaces is located across
the street from other land in any esidence district, it shall be screened
rom the view of such and by a thick hedge, wall or fence, approved
by the Planning Board, located along a line drawn parallel to the
street and a distance of twenty (20) feet therefrom, such screening
to be interrupted only at points of inVresss and egress. Generally,
no such screening shall be lessMianouf ur (4) feet nor more than six
(6) feet in height. Theo en area between such screening and the
streets all be landscaped in harmony with the landscaping prevailing
on neighboring p:operties fronting on the same street. Two (2)
identification and directional signs located on the street side of such
screeningshall be permitted; however, they shall not exceed an area
of three (3) square fleet each.
L. Driveways. No drivewar�shall provide access to a lot located in another
district, which lot is used for any use prohibited in the district in which
such driveway is located. - `--
'A. Parking for special exception uses - Notwithstanding any other provisions
of this chapter, the Planning Board may increase the parking re uirements
. --
for special exception uses by up to one hundred fifty (150`0) percent-of
the ininimum parking requirements, if It determines that such additional
parking requirements are necessary by reason of the nature of the use
ar.d/or the characteristics of the site.
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N . Traffic storage. All uses shall provide sufficient space on the same lot
so that any storage lanes for traffic will be provided for and will not
obstruct traffic or utilize public rights-of-way.
O. Illumination. Off-street parking areas should be adequately illuminated
for convenience and safety, but no lighting for parking areas shall cause
glare on adjoining properties. '
P. Connections between abutting parking areas. Where appropriate, the
Planning Board may require paved connections between abuttin parking
areas in different ownerships, so as to facilitate the low of traffic.
Q. Supplemental regulations for private garages and off-street parking areas
in residence districts.
( 1 .) Commercial vehicles.
(a. ) One commercial vehicle not exceeding twenty-five (25) feet in
length may be parked on an occupied lot in any residence district,
but not within the required yards of such lot and in no case
between the street line or side linesandthe principal building.
(b. ) One commercial vehicle not exceeding twenty-five (25) feet in
length may be park—ed park-ewithin a private garage in any residence
district.
(c. ) Commercial .farm vehicles are permitted as accessory to a commercial
arm use in any residence district.
(2. ) Trailers and recreation vehicles. The storage or parking and use
of a travel trailer or a recreation vehicle by any person or persons,
except as hereinafter provided, is _prohibited in all residential districts,
except that:
( a j The keeping or storing of one camp-type travel trailer or
recreation vehicle is permitted on a premises, if it is either
owned or rented by the occupants of such .premises and is not
kept for purposes o sa a or rt:FJ1Ld1 and is used solely for the
personal use of such occupants. Such camp-type travel trailer
or recreation vehicle.shall not be occupied as living quarters
at any time, and shall be secured in place int the rear yard not
nearer than fifteen (15) feet to a side or rear lot line or to the
street, and the doors t ereo s a be kept securely locked.
( b) Such vehicle may not be parked within ten (10) feet of a one
or two family dwelling or fifteen (15) feet of a multiple dwelling
( 3) Boats. One boat may be parked in the rear yard of any occupied
of not nearer than titteen 15feet to a rear or side line or to any
street.
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Section 100-192. Off-street loading areas.
Off-street loading berths, open or enclosed, are permitted accessory to any
use (except one or two-family residences) , subject to the following provisions:
A. Uses for which required. Accessory off-street loadin berths shall be
provided for any use specified below. . Any land which is.developed as
a unit under singe ownership and control .s all be considered a single lot
for the purpose of such loading requirements.
( 1_) For a public library, museum or similar quasi-public institution,
governmental building, community center, hospital or sanitarium,
nursing or convalescent home, institution for children or thea ed
or school, with a floor area of five thousand (5,000) to twenty-five
thousand (25,000) square feet, one_(1) berth; or each additional
twenty-five thousand (25, 000) square feet or fraction thereof, one
( 1) additional berth.
( 2) For buildings with professional, governmental or business offices
or aboratory establishments, with a floor area of five thousand (5, 000)
to twenty-five thousand (25,000) square feet, one berth; for each
additional twenty-five t ousand (25,000) square feet or fraction
thereof up to one hundred.thousand (100,000) square feet, one
additional berth; for each additional fifty thousand (50, 000) square
feet or fraction thereof, one additional berth.
( 3.) For buildings with offices and retail sales and service establishments,
one berth for five thousand (5,000) to twenty-five thousand (25, 000)
square feet of floor area, and one additional berth or each additional
twenty-five thousand (25, 000) square feet of floor area or fraction
t ereof to be used.
( 4.) For undertakers and funeral homes, one berth for each chapel.
( 5.) For hotels, one berth for each two thousand five hundred (2, 500)
square feet of floor area.
( 6.) For manufacturing, wholesale and storage uses and for dry-cleaning
and rug-cleaning esta lis ments and laundries, one berth for five
thousand (5, 000) to ten thousand ( 10, 000) square feet of floor area
in such use, and one additional bertR for each additional tent ousand
(10, 000) square feet of f loor area or fraction thereof so used. In
addition, adequate reserved parking-for waiting trucks s a e
provided. -
13. Size of spaces. Each required loadin berth shall be at least fifteen (15)
feet wide, fourteen (14) ee g-Fi an forty`-five (45) feet ong, and in
no event smaller than required to accommodate vehicles normally using
such berths.
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C. Location and access. Unobstructed access at least fifteen (15) feet wide,
to and from a street, shat be provided. Such access may be combined
with access to a parking lot. All permitted or required loading berths
shall be on the same lot as the use to w ich they are accessory, except
as provided in subsection D below. No entrance or exit for any off-street
loading area shall be located within fifty (50) feet of any street intersection.
No off-street loading berth shall be located in any required front yard.
D. Joint facilities. Permitted or required loading berths, open or enclosed,
may be provided in spaces designed to serve joint y two (2) or more adjacent
establishments, provided that t e number o re uired berths in such joint
facilities shall not be less than the total required for all such facilities
E. Lots divided by district boundaries. When a lot is located partly in one
district and partly in another district, the re ulations for the district
requiring the greater number of loading berths shall apply to all of the
lot. Loadin berths on such lot ma not be located in any residence district
unless the use to which they are accessory is permitted in such district
or upon the approval oft the Board o Appeals.
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23. Chapter 100 is amended by adding a new Article thereto, to be Article XX, to
provide as follows:
ARTICLE XX
Signs
Section 100-200. Purpose.
The purpose of this article is to regulate existing and proposed signs in order
to:
A. Protect property values.
B. Create a more attractive economic and business climate.
C. Enhance and protect Southold's physical appearance and environment.
D. Preserve the historic and architectural heritage of the Town.
E. Provide a more enjoyable and pleasing community.
F. Reduce sign or advertising distraction and obstructions that may contribute
to traffic accidents.
G. Reduce hazards that may be caused by signs overhanging or projecting
over public rights-of-way.
Section 100-201 . Permits required and administrative procedure.
A. The provisions of this article shall apply in all districts.
B. Except as otherwise provided in this chapter, signs shall not hereafter
be erected, structurally altered, enlarged, or moved or reconstructed
within the Town unless a permit is obtained from the Building Inspector,
and payment of the required fee per sicin in accordance with the Town
of-Southold fee as specified in subsection F below.
The following two operations shall not be considered creating a new sign
and therefore s all not requjre a new sign permit:
1. Replacing copy. The chapg-rn�of the advertising or message on an
approved sign which is specifically esigned fort the use of replaceable
copy.
2. Maintenance. Painting, cleaning and other normal maintenance and
repair of a sign or a sign structure, unless a structural change is
made or there is a change in message.
C. Application for a sign permit shall be made on a form provided by the
Building Inspector which application shall include:
1_ Name, address and telephone number of the applicant.
2. Name, address, telephone number of sign maker.
3. Location of building, structure or land to which or upon which the
sign is to be erected.
4. Color photo of building upon which sign is to erected.
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Or
5. Size of sign.
6. A description of the construction details of the sign, showing the
et Bring and/or pictorial matter composing the sign; position of
lighting or other extraneous devices.
7. Sketches drawn to scale and supporting information indicating location
of si n, colors, size and types of lettering or other graphic representation
and materials to be used, electrical or other mechanical equipment,
details of its attachment and hanging. Sample$ of materials should
accompany the application, where required by the Building Inspector.
8. The written consent of the owner of the property upon which such
sign or signs is or are to be erected and maintained. In addition,
such sign application shall be accompanied by a fee as established
by the Town Board of the Town of Sout old.
9. Such other pertinent information as the Building Inspector may require
to insure compliance with this Article.
D. The Buildin Inspector shall review the proposed sign with respect to all
quantitative factors. —`
The Planning Board may approve signs which differ from the quantitative
requirements set forth in this article, provided that a finding is made that
said sign or signs conform to the general desi n rinciples outlined in
Section 100-202 hereof, and provided further that no sign shall violate
t e sign prohibitions and general restrictions listed in Section 100- 203
herein.
E. After approval or approval with conditions by the Planning Board, the
Building Inspector shall issue a permit in accordance with al applicable
requirements.
F. No sign permit shall be issued prior to payment of a fee of twenty-five
($0. 25) cents per square foot of sign area, but in no event shall such fee
be less than five ($5.00) dollars.
Section 100-202. General design principles applying to signs.
Decisions on review of signs shall be guided by the following general design
principles:
A. Signs should be a subordinate part of the streetscape.
B. Signs should be as small as practicable.
C. Signs should be as close to the ground as possible, consistent with required
safety and legibility considerations.
A sign should have an appropriate size relationship to the buildinq Upon
which it is placed
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O c
..E. Whenever feasible, multiple signs should be combined into one sign to avoid
clutter.
F. A sign should not impair the visual effectiveness of neighboring signs.
Q Garish colors and materials should be avoided.
;H. Stens which have dark background colors and light letters are preferred
in order to minimize the apparent size of signs within the streetscape.
1_ Generally, signs on the same building should be within the same horizontal
band, and be of a similar height.
J . Except in carefully designed circumstances, signs should be integrated
with fences, walls or buildings, and not freestanding.
K. Sign material should be durable, requiring little maintenance; use of
material suchas corrugated plastic., natural aluminum, bulbous plastic
letters, non textured plastic, and glass tile should be avoided.
Section 100- 203. Sign prohibitions and general restrictions.
A. Unless otherwise provided herein, nonaccessory signs, billboards, and
mobile signs shall be prohibited in all districts.
B. Flashing signs, including any sign or device on which the artificial light
is not maintained stationery and constant in intensity and color at all times
when in use are prohibited
C. Signs which compete for attention with, or may be mistaken for, a traffic
signal are prohibited. No signs al be' erected in such a manner as to
obstruct free and clear vision for drivers, interfere with, mislead, or
confuse traffic, or be located where, by reason of its position, shape,
or color, such sign may interfere with, obstruct the view of, or be confused
with, any authorizedtraffic sign, signal, or device by making use of the
words "stop", "look", or any other word, phrase, symbol or character,
or red, green, or amber illumination or reflection.
D. Roof signs shall be prohibited.
E. Signs made out of cardboard', paper, canvas or similar impermanent material
are prohibited.
F. Standard, approved methods of constant illumination shall be permitted
on ground signs, wall signs, and hanging signs, provided, however, that
the illumination shall be concentrated u on the area of the sign so as to
prevent direct glare upon t e street or adjacent property.
G. Sig-ns with visible moving, revolving, or rotating parts are prohibited.
H . Except for holiday seasons or a period of fifteen ( 15) days from the date
of a grand opening, no sign or part thereof shall consist of pennants,
ribbons, streamers, spinners, or other similar-moving, fluttering, or
revolving devices.
1_ Signs noting that a property has been sold are prohibited.
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. • c
J . No portable or temporary sign shall be placed on the front face of any
building or upon any lot, except as provided in Section 100-205 G herein.
K. No signs other than signs placed bar agencies of the government shall be
erected on any public property, unless. consent is first obtained from the
Planning Board. No sin s iF—all bep aced on any private property without
ttFie consent oft a owner thereof. No sign shall be placed or painted on
any tree or rock. No sign shall be7p7ja:c_edon any-,utility pole except for
utility identification or similar purposes.
Section 100-204 Limitation of sign content or copy.
Information displayed on signs shall be limited to the name, address, and nature
oft the business and products available or activity for which the building or
premises is used.
Section 100-205 Regulations regarding specific types of signs.
A. Illuminated signs.
1 . A sign illuminated by electricity from outside or within or equipped
in anyway with electric devices or appliances shall conform with
respect to wiring and.app iances to the regulations of the New York
State Board of Underwriters ands all bear the stamp_ of said Board.
All wiringsTiall be self-enclosed in metal raceways.
B. Freestanding and ground signs. Except for raquired cautionary or.
traffic control signs, _ one freestanding sign shall be permitted for each
frontage of a property on a public street or way where a building is setback
at least twenty-five (25feet from the street line. Such signs are limited
to either pole signs wAh no guy wires or signs permanently affixed to a
fence or other wall separate from the principal building. All ground signs
shall be located within and not overhang the property line. The location
and design of such signs shall be c osen so as not to present a hazard
to pedestrian or vehicular traffic and shall be twenty-five (25) feet from
each side line and fifteen (15feet from the front and/or rear property
line. The maximum height of such signs shall be fifteen ( 15) feet.
C. Shopping center directory signs.
1 . The term "directory sign" shall mean any sign containing a list of
names of business establishments located within a shopping center.
r
2. Each shopping center shall, as a whole, be allowed one free-standing
irectory sign on the premises to be used for the purposes of identifying
the shopping center and the various business establishments located
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Or
within the shopping center where the building or buildings are setback
twenty-five (25) feet from the street line. No advertising of an
sort shall be allowed on such sign. Said sign shall not exceed
fifteen (15) feet in height, measured from the top of said sign to the
mean level of the ground surrounding the support of said sign. Each
business establishment name shall occupy no more than ten (10) square
eet in total area. Said signs hall comply with all other applicable
provisions of this chapter.
3. A permit issued by the Building Inspector shall be required for each
shopping center directory sign erected or maintained pursuant to
tfils section. The application for said permit must contain an architect's
drawing ofsaid directory sign as well as a survey indicating the
dimensions of said sign,_its location and set act- ks. The Building
Inspector shall refer said applications, drawing(s) , survey(s) and
other supporting papers tot the Planning Board for its approval and
recommendations.
D. Interior signs. An interior sign, or combination of signs, shall not cover
more than ten (100) percent of the total glass area upon which, or in which,
it is affixed, displayed, or painted.
E. Wall signs.
1_ Wall signs shall not project more than twelve (12) inches from the
wall to which they are affixed. -
2. Within any Business District, such signs shall not exceed a height
of three (3) feet, and shall not extend higher than the top of the
parapet in case of one story buildings. In the case of buildings taller
than one story, such signs .shall not extend above the bottom of the
sill of the windows oft the second story, nor extend or be placed more
- than fifteen (15) ?eet above the outside grade. No wall sign or
combination of signs, including interior signs, on any wall facing
any street or public way in a business district shall exceed an area
in square feet a uiva ent to one times the length in feet of the structure
on each frontage up to a maximum of sixty 60) square feet.
3. Within an industrial district, one wall sign not exceeding thirty (30)
square feet—is permitted for each street frontag-e rom which access
is provided tot the lot.
4. In any districts where wall signs are permitted, no such sign shall
cover, wholly or partly, any wall opening, including doors, fire
escapes, and windows, nor project beyond the ends of the wall to
which it is attached. AI suc signs must be safely and ade uately
attached to said building wa.11 by means satisfactory tot the Building
Inspector.
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• Or
F_ Historic signs. The Planning Board_ may find that a particular
sign is a historic sign. In ma ing such a finding, the Planning
Board, in consultation with the Historic Landmark's Commission,
must find t at the proposed sign is of siQnnific_ant historic quality
in terms of age or design or by reason o irelationship to
an historic renovation project. The Board of Appeals may allow
the reconstruction, repair and maintenance of historic signs upon
such terms as may be just and proper in addition to, or to the
exclusion of, any other signs permitted by this chapter.
G. Temporary signs. The erection, installation, or maintenance
of temporary signs, as defined herein, is hereby prohibited,
except that the Building Inspector may grant special permission
for the maintenance of the following signs:
1_ A temporary sign announcing special events, etc. , not
exceeding twenty-four (24) square feet in area, which is
erected by a municipal, charitable, or nonprofit organization
is permitted, for a period not to exceed thirty (30) days.
2. Temporary interior signs announcing special sales or events
shall be permitted in the Hamlet Business and General Business
District. Such signs shall cover no more than. twenty-five
(25%) percent of the window area to which the are affixed,
and shall be removed within twenty 20) days.
Section 100-2061. Unsafe, abandoned and unlawful signs.
A. The owner of a sign and the owner of the premises on which
such sign is located shall be jointly liable to maintain such sign,
including its illumination sources, in a neat and orderly condition
and good working order at all times and to prevent the development
of any rust, corrosion, rotting or other deterioration in the physical
appearance or safety of such sign.
B. If the Building Inspector shall find that any sign regulated herein
is unsafe, insecure, damaged, deteriorated or a menace to the
public or has been erected in violation of the provisions of this
chapter, he shall give written notice by certified mail to the
owner of the premises on which such sign is located, as shown
on the latest Town assessment roll- Said sign and all appurtenances
shall be taken down and removed by the owner, agent or person
_having the beneficial use of the building or structure upon which
such sign may be found within thirty (30) days after written
notification from the Building Inspector. Upon the failure to
comply with such notice within the time specified therein, the
Building Inspector is authorized to remove, or cause the removal
of such sign at the expense oft a person or persons named
in such notice. Upon such removal, all costs and expenses
incurred by the Town for the removal and storage of such sign
shall be assessed against the land on which such sign was located
and a statement of such expenses shall be presented to the owner
of the land. If such statement is not paid within thirty (30)
days a ter its resentment, -the Buitdin Inspector may file a
statement with the Town Assessors, identi ging t e property
in connection with which such expenses were incurred and the
owner thereof ass own on the latest assessment roll of the
Town. The assessors, in the preparation of the next assessment
roll, shall assess such amount upon such property. Such amount
shall be included in the levy against such property, shall constitute_
a Dien and shall be collected and enforced in the same manner,
by _ihrsame proceedings, at t e same time and under the same
penal as is provided by. law for the collection and enforcement
of real property taxes in the Town of Southold. Thown
e er of _
the sign removed by the Building ' Inspector as hereinbefore
provided shall not be permitted to redeem such si n until all
expenses of removal and storage have been paid.
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•r
C. If in the determination of the Building !nspector, a sign is an immediate
peril to persons or property, he may cause such sign to be removed
summarily and without notice. The cost of such removal shall be paid
by the Town and such amount shall be and become a lien upon the
premises in question an.d shall a levied and collected in the same
manner and under the same penalties as an assessment of a public
improvement.
Section 100-207. Continuation of existing signs.
Notwithstanding any other provisions of this article, any sign in existence
at the effective date of this article which does not conform to the provisions
of this chapter shall, within three (3) years from such date, be removed or
made to conform, unless its continuance is authorized as a special exception
by the Board of Appeals as hereinafter provided.
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• Or
24. Chapter 100 is amended by adding a new Article thereto, to be Article XXI ,
to provide as follows:
ARTICLE XXI
Landscaping, Screening and Buffer Regulations
Section 100-210. Purpose.
The following standards are intended to enhance the appearance and natural
beauty of the Town and to protect property values through preservation and
planting of vegetation, screening, caping material. Specifically,
these Stan aids are intended to enhance the appearance of major travel
corridors and business areas; to reduce excessive heat, glare, and accumulation
of dust; to provide privacy fromnoise and visual intrusion; and to prevent
the erosion of the soil, excessive run-off of drainage water, and the consequent
depletion of the ground water table and the pollution of water bodies
Section 100-211. General requirements.
The following provisions shall apply to any use in all zoning districts:
A. Landscaping, trees, and plants required by these regulations shall be
planted in a growing condition according to accepted horticultural practices,
and they shall be maintained in a healthygrowing condition. Any
landscapin , trees, and plants whit .are.in a condition that does not
fulfill the intent of these regulations shat be replaced by t e property
owner during the next planting season for the particular plant material
B. A screenin fence or wall required by these reclulations shall be maintained
by the pro erty owner in good condition throughout t e period of the
use of the lot subject to the fo owing conditions:
( 1j Any land that is or has been designated or required to bea screening
area, buffer area or paved area pursuant to an approval by the Town
Board, Planning Board or Zoning Board of-Appeals of any grant
of an application for a_chan a of zone, variance or site planapproval
or w is is require y ordinance or local la-w must be maintained
by the owner of the property or any of the owners, successors in
interest or assignees.
( 2.) When it is determined by.the Pla ning Board that any land is not
maintained pursuant to such rant or law, the Buiildin
Inspector- shall ncy the owner o record of such land, by
Certified mail to the address shown on the last :completed assessment
roll, to erect, replace, repair or maintain fences, trees, plantings,
shrubbery or other screening or paved areas pursuant to the plan
or law.
( 3.) In the event that the owner of record does not comply with the notice
within thirty (30) days of the date of said mailing the Building
Inspector may take the appropriate action to erect, replace, repair
or maintain fences, trees, plantings, shrubbery or other screening
or paved areas on the desi nated land. The Building Ins ector shall
certify by affidavit t ,- costs incurred either by the Department or
tt e Town Board. The Town Boards all, by resolution, instruct
the Town Clerk to publish a -public notice that a public hearing_will
t� lee d for the purpose of adding to the assessment roll ofthe
described lot or parcel the costs incurred and that, at the ublic
hearing, the Town Board will ear an cc consider any ob'ection w _ich
may be made to such roll. The a ublication of such notice s a not
be less than ten (10 da s before the timespecified- .
The Town Board, after public hearing, may then cause such assessment
to become a lien and may irect t e Town Assessorsto place it on
the assessment roll.
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C. All landscaping, trees, and planting material adjacent to parking areas,
loading areas, or driveways, shall be properly protected from vehicular
damage by barriers, curbs, or other means.
D. To the extent possible, existing trees, vegetation, and unique site features
such as stone walls, shall be retained and protected. Existing healthy,
mature trees, i properly located, shall be fully credited against the
requirements of these regulations.
E. Where lot size and shape or existing structures do not make it feasible
to comply with the requirements for front landscaped area or landscaped
parking area, the Planning Board may approve planters, plant boxes or
pots containing trees, shrubs, and/or flowers to comply with the intent
of these regulations.
F. In cases where the edge of the pavement within a public right-of-way
does not coincide with the front lot line, the property owner shall landscape
the area between the front lot line and the edge of the street pavement
Section 100-212. Front landscaped area.
A front landscaped area shall be required for all uses in all zoning districts.
The required landscaped area shall be covered with grass orother ground
cover and shall include appropriate trees and shrubs. As a minimum, in all
non-residential districts and in the-Hamll-etDensity Residential and R-40 Low
Density ResidentialDistricts, one shade tree havinga caliper o two inches
shall be planted within the front landscaped area for each forty (40) feet or
fraction thereof of lot frontage. The purpose of t e landscaping is to enhance
the appearance of the use on the lot but not to screen the use from view.
A. Residential Districts. In all residential districts, required front yards,
except for the driveway, shall be landscaped with grass or other suitable
ground cover, trees, and/or shrubs.
B. Non-Residential Districts. In all non-residential districts, there shall
be a landscaped stri int a front yard area : in the Limited Business,
General Business, and Light Industrial/Office Park and Light Industrial
Districts, the strip shall be twenty-five (25) feet and in the
Marine Business District the landscaped strip shall be fifteen
( 15) feet deep along and conti uous tot the front lot line of the property.
There shall also be a landscaped area five (5feet wide abutting the front
of t e building in all non-residential districts including the Hamlet Business
District. -
Section 100-213. Transition buffer area.
The purpose of the transition buffer area is to provide privacy from noise,
headlight glare and visual intrusion to residential dwellings. A buffer area
shall be required along all boundaries of a non-residential lot abutting any
lot in a residential district.
Such buffer area shall comply with at least the following minimum standards:
A. The buffer area shall be located within the boundaries of the subject
property.
B. The minimum width of buffer areas shall be as follows:
( 1 .) Hamlet Business District 15 feet
( 2.) Marine Business District 20 feet
( 3) Limited Business District 20 feet
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•i •c
4. General Business Districts 25 feet
5. Industrial Districts 30 feet
6. Any district other than .res.idential district adjoining
land owned or maintained by New York State, Suffolk
County, or Southold Town with current or potential use
as park land. 25 feet
C. The buffer area shal.l.be of evergreen plantin of such-type, hei ht, spacing
and arrangement as, int the judgment othe Planning Board, will effective)
screen the activity on the lot from the neighboring residential area. As a
minimum, the plantings all consist o a dou le row of trees six (6) feet in
height planted at intervals o-f ten 10feet on center. Non-evergreen planting
may be included to supplement evergreen planting, but not to take its place
D. A landscaped earthen berm, wall, or fence of location, height, design, and
material s ,.a2p roved by the Planning Board may be acce ted for an portion
of the req u i red planting and/or u er area
E. Where the existing topography and/or landscaping provides adequate screening,
the Planning Board may accept the existi iuffer area as
the required planting.
Section 100-214. Landscaped parking area.
In addition to the front landscaped area and buffer area requirements, parking
areas shall comply with the fo lowing minimum standards
A. All uses required to provide twenty (20) or more off--street parking spaces
shall ave at least ten 10 square eet o interior an scapin within the
paved portion oft the parking area for eachparking space and at least one
1) tree with a two 771 inc caliper or every ten (10) parking spaces or
traction thereof.
Each separate landscaped area shall contain a minimum of one hundred (100)
square feet, shall have a minimum dimension of-at least eight (8) feet, shall
be planted with rass ors rubs, and shall include at least one (1) tree of
not less than two (2) inch ca iper.
B. A landscaped area shall be provided alon the perimeter of an arkin area
except that portion o t e par ing area whi-ch provides access to a street
orparking_ facility on an adjacent-To-t. Accesswa s to adjacent lots shall not
exceed twent -four (24) eet in widt and shall not exceed two (2) in number
for each purpose. The andscaped areas all ave a minimum dimension of
four (4) feet, s all beplanted. with grass or.-shrubs- and shall include at
least one tree of not less than two (2) inch caliper for everyfort (40) feet
a ong the perimeter of the par ing area. In cases where the parking area
adjoins a public sidewalk, the required landscaped area shall be extended
to the edge of the sidewalk.
C. Trees used in parking lots shall include Honey Locust, Pine, Oak, or other
similar fast-growing_, hardy varieties, or existing trees where appropriately
located.
Section 100-215. Properties located adjacent to creeks.
A. The rear yards of properties located ad'acent to creeks shall .include natural
vegetation and/or shallcontain suita a lanted vegetation to a minimum o
twenty 20 feet inland from t e mean hi water line elevation or wetland
boundaryto prevent erosion o t e shoreline. Vegetation within the buffer
strip shall not be fertilized or chemically treated
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25. Chapter 100 is amended by adding a new Article thereto, to be Article XX111 ,
to provide as follows:
ARTICLE XXIII
Supplementary Regulations
Section 100-230. Exceptions and modifications.
A. Established .front yard setback.. Where property in the vicinity is improved
with principal buildings with front yards of less than that required by the
provisions of this chapter, the front yard setback shall be the average
setback of the existing buitdings�within three hundred (300) feet of the
proposed buil _ng on the same side of the street within the same use
district.
B. Exceptions to lot depth requirements. Theminimum lot depth at any point
may be decreased to seventy-five 750) percent of the minimum requirement
if the average depth conforms to the minimum requirement.
C. Exceptions to yard requirements.
0. ) Permitted obstructions. Cornices or cantilevered roofs may roject
not more than two (2) feet into a required yard. Bet courses, window
sills and other ornamental features may project not more than six (6)
inches into a required yard. Fences or walls not over four (4) feet
in height may be erected anywhere on the lot, except as set forth in
Section 100-232 herein. Paved terraces, steps and walks (other than
such as are needed for access tot the buildings on the lot) shall not
project within fifteen (15) fe--e-t—o-7 a street line or four (4) feet of a
property line.
(2. ) Entries and porticos. A roofed-over but unenclosed projection in the
nature of an entry or portico, not more than ei ht (8) feet wide and
extending not more than six (6) feet out from the front wall of the
building, shall be exempt from the requirements of this section when
t 1e building otherwise complies with the regulations of this section.
In computing the average setback the presence of such entries and
porticos shall be ignored.
(3. ) Permitted projections. In any district, chimneys on residential, public
or semi-public buildin s may project into a required yard to the extent
of not more than two2�e t. In any residential district, terraces,
steps_ or uncovered porches may project into any required yard,
provided no part thereof is nearer than four (4) feet to any lot line.
D. Height exceptions. The height limitations of this ordinance shall not apply
to:
(1_) Spires, belfries, cupolas and domes not for human occupancy;
monuments, transmission towers, chimneys, derricks, conveyors, flag
poles, radio towers, television towers, and television aerials, provided
that any television or radio aerial shall not be located nearer than a
distance equal to its height a Bove the roof or other permanent structure
to which it is attached to any overhead electric transmission line carrying
more than 220 volts.
2. Bulkheads, observation towers, monitors, fire towers, hose towers,
cooling towers, water towers, grain elevators, or other structures
where a manufacturin rocess requires_greater height, provided that
any such structures that are located—on any roof and that exceed in
he Qht a limits in the particular district shall not in the aggregate
occupy more than twenty (200) percent of t e horizontal area of the
roof , and are set back one 1 foot from the edge of the roof for each
additional foot in eig t greater than the specified height.
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3. All mechanical equipment necessary to operate building services,
which equipment is located on the roof of a structure, shall be screened
in a manner approved by the Planning Board.
E. Retail sales in Residential Districts.
Notwithstandinn any other provision of this Chapter, all premises located
in any Residential District and upon which retail sales are conducted shall
be subject to site plan approval by the Planning Board, pursuant to the
provisions of Article XXV.
Section 100-231 . Height of fences, walls and hedges.
Fences, walls, hedges or other live plantings within five (5) feet of the property
lines may be erected and maintained, subject to the following height limitations:
A. When located in the front yard along the front lot line, the same
s al not exceed four (4) feet in height .
B. When located along side and rear yards, the same shall not exceed six and
one-half (632-) feet in height.
C. When located other than in the front yard area or along side or rear lot
lines, the same shall not exceed eight (8) feet in height.
Section 100-232. Corner lots.
A. On a corner lot, front yards are required on both street frontages, and
one yard other than the front yard shall be deemed to be a rear yard, and
the other or others side yards.
B. On all corner lots, berms, walls, fences, and hedges or any other potential
obstruction to vision shall not exceed a height of two and one-half (22)
Feet above the average street leve within an isosceles trianglehaving thirty
(30) foot sides along eacR street to preserve sight lines for traffic.
Section 100-233. Building length and separation for buildings containing multiple
dwellings.
A. No building shall exceed one hundred twenty-five (125) feet in length.
B. The minimum distance between principal buildings shall be equal to two-
times the height of the highest building, and the minimum distance between
a principal and an accessory building shall be twenty (20) feet.
Section 100-234. Courts.
A. Inner courts. An inner court is. permitted in multi-family dwelling developments
if t e minimum dimension of such .count is not less than two-times the average
height of all surroundinq walls, But not less t an sixt (60) feet. The height
o wal s surrounding an inner courtshall—be measured from finished grade
at the base thereof to the top of such wall, except that, in the case of roofs
with a slope exceeding five 5) inches vertical to twelve (12) inches horizontal,
the height shall be measured to the mean point of the roof.
B. Outer courts. The minimum width of an outer court shall be twenty (20)
feet and t- e dept t-Fe—reof shall not exceed its width.
Section 100-235. Access requirements.
A. Street access.
1_ No building shall be. erected on a lot that does not have direct access
to a public street in accordance with Section 280a of the Town Law.
2_ All buildings and structures shall be so located as to provide safe and
convenient access for servicing, fire and police protection- and off-
street parking and/or oading.
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B. Residential rear or flag lots and accessways. Any rear lot or flag lot
occupied or to be occupied by a one-family dwelling shall have access
thereto by means of an accessway, having a width of not less than fifteen
(15) feet, serving only such lot. The area of the accessway shall not
be included in determining the area of any lot. The front yard of an
lot having access to a street by means of an accessway shall bet e
required front yardspecified for the district in which the lot is located
and shall be measured from the rear lot line tot the front lot.
Section 100-236. Open storage.
A. No unenclosed storage, except parking of operable passenger vehicles
capable of passing inspection or recreation vehicles or boats as set forth
in Section 100-191 shall be permitted in a residential district.
B. When open storage is permitted in a commercial or industrial district as
a principal or accessory use, the following conditions shall be met:
1_ Storage shall be screened from view -by a fence or evergreen .
screening, the design and location of which shall be approved b _
the Planning Board. In no case shall the stored material exceed
the height of the screening.
2. No outdoor storage may be permitted within twenty-five (25) feet
of a residential district boundary.
C. Automobile wrecking yard or junkyard is required to provide suitable
screening in the form of fencing or hedges completely around the
periphery of the area used for such purposes, subject to the approval
of the Planning Board. Failure to provide such screening shall require
elimination of said use.
Section 100-237. Prohibited uses in all districts.
The following uses are prohibited in all districts:
A. Any use which is noxious, offensive or objectionable by reason of the
emission of smoke, dust, gas, odor or other form. of air pollution or by
reason of the deposit, discharge or dispersal of liquid or solid wastes
in any form in such manner or amount as to cause permanent damage
to the soil and streams or to adversely affect the surrounding area, or
y reason of the creation of noise, vibration, electromagnetic or other
disturbance, or by reason of illumination by artificial light or li ht
reflection be and the limits o the lot on or from which such light or
light reflection emanates; or *which involves any danger ious fire,
explosive, radioactive or of er hazard; or which causes injury,
annoyance or disturbance toany of the surrounding properties or to
their owners and occupants; and any of er process or use w icF-i is
unwFiolesome and noisome and maybe dangerous or prejudicial to health,
safety or genera we fare, except where such activity is icensed or
regulated by other government agencies.
B. Artificial lighting facilities of any kind which create glare beyond lot
lines.
C. Carnivals, circuses and related activities, except for a temporary period
on special license from the Town Board.
D. Junkyard or refuse disposal site, except a refuse disposal site established
as an official town refuse disposal site or duly authorized as a refuse
disposal site by the Town Board.
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E. Uses involving primary production of the following products from raw
materials:
1_ Charcoal and fuel briquettes; chemicals; aniline dyes; carbide;
caustic soda; cellulose; chlorine; carbon black and bone black;
creosote; hydrogen and ox en; industrial alcohol; nitrates of
an explosive nature; potash; p astic materials and synthetic resins;
proxylin; rayon yarn; hydrochloric, nitric, phos horic, icric
and sulfuric acids; coal, coke-and tar products, including gas
manufacturing; explosives; gelatin, glueand size (animal) ; linoleum
and oil cloth; matches; . paint, varnishes and turpentine; rubber
(natural or synthetic) ; , soaps, including fat rendering; starch.
F. The following processes:
1_ Nitrating of cotton or of other materials.
2. Milling or processing of flour.
3. Magnesium foundry.
4. Reduction, refining, smelting and alloying metal or metal ores.
5. Refining secondary aluminum.
6. Refining petroleum products, such as gasoline, kerosene, naphtha,
lubricating oil.
7. Distillation of wood or bones.
8. Reduction and processing of wood pulp and fiber, including paper
mill operations.
G. Operations involving stockyards, slaughterhouses and slag piles.
H. Storage of explosives.
I . Quarries.
J . Storage of petroleum products. Notwithstanding any other provisions
of this chapter, storage facilities with a total combined capacity of more
than 20, 000 gallons, including-all tanks, pipelines, buildings, structures
and accessory equipment designed, used or intended to be used for the
storage of gasoline, fuel oil, kerosene, asphalt or-other petroleum products,
shall not be located within 1,000 feet of tidal waters or tidal wetlands.
Section 100-238. Provisions for community sewer, water and utility facilities.
Where public sewer and/or public water and/or public or private utility systems
are required, no building or premises to be serviced by such Mems shall
be used or occupied, nor shall a certificate of occupancy be issued with respect
tot the use and occupancy of such buildin sand or premises unless and until
all such required systems and facilities have been constructed and are in proper
operating condition and have been approved by all agencies having jurisdiction
thereof.
Section 100-239. Land under water; filled land.
Streams, ponds, tidal marshes and portions of Long Island Sound and its various
bays and estuaries, [Xing within the boundaries of the Town of Southold,
whether or not so indicated on the Zoning Map as being in a particular use
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district, shall be considered as being in the most restricted use district abutting
thereon, and such zoning classification shall continue in force regardless
of any filling or draining of such lands. Nothing herein contained shall be
construed to permit the filling or dredging of such land. For the purpose
of computing density for the development of any lot or lots, no land under
water, unless filled pursuant to law, shall be included in computing the minimum
of area for each dwelling unit permitted under the appropriate zoning district
in which the property lies.
Section 100- 239a Excavations.
No excavation of any kind shall be permitted except in connection with the
construction on the same lot of a building for which a building permit has
been duly issued. In the event that a building operation is arrested prior
to completion and the building permit therefor is allowed to lapse, within
six (6) months after the date of expiration of such permit, the premises shall
be cleared of any rubbish or other unsightly accumulations, and topsoil shall
be replaced over all areas from which such soi may have been removed.
Any excavation for a basement or foundation with a depth greater than three
(3) feet below grade shall be either filled or surrounded by a substantial
fence adequate to deny c ildren access to the area and adequately maintained
by the holder of the permit.
Section 100- 239b Tourist camps, camp cottages and trailers.
A. Permits required.
No tourist camp shall be established, maintained or operated in any
district, nor shall any tent, tent house, camp cottage, house car or
trailer to be used or occupied as a place for living, sleeping or eating,
whether charge is or is not made, be erected or placed therein, unless
authorized by the Town Board pursuant to the provisionsof Chapter
88, Tourist and Trailer Camp.
B. Automobile trailers or house cars.
Notwithstanding any other provisions of this chapter, a single automobile
trailer or house car may be. located outside a tourist camp only when
authorized by the Town Board and subject to such conditions as may
be prescribed by the Town Board.
C. Exemptions.
This section shall not be deemed to apply to the temporary or seasonal
camp of any unit of the Boy Scounts of America or the Girl Scouts of
America or other such organizations under the leadership provided by
said organizations, respectively.
Section 100- 239c Berms
A. General
(1) All berms shall be constructed so that all sides of the berm shall
not have a slope greater than one (1) to three (3) feet. For the
purposes of this section, the slope shall refer to the ratio of a
vertical rise of one (1) foot to a horizontal run of three (3) feet.
(2) All berms shall be constructed out of clean fill or anequal approved
by the Building Inspector. Said fill shall be given sufficient time
to settle before final shaping and topsoil are applied. After the
settled fill has been sha ed, a uniform six (6) inch layer of approved
orticultural topsoi s a e placed--6n- thein an inerg a e .
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(3) All berms shall be properly vegetated and landscaped, as approved
by the Planning Board, before any erosion occurs in the topsoil
on the berm, or, in the alternative, the berm shall be covered
with an approved ground cover until such time the berm can be
properly landscaped.
(4) Berms shall be constructed only during the period from March-1
through October 15.
(5) No fence or wall shall be constructed on a berm. However, a
retaining wall may be placed on the sides of a berm where the
Planning Board finds said retaining wall will promote aesthetic
considerations and the height of same does not exceed the height
or grade of the berm.
(6) The construction of berms and the berm itself shall not interfere
with natural drainage.
(7) The outside toe of the berm shall not be closer than six (6) feet
to any property line.
B. Height.
(1) The height of a berm shall be the vertical distance from the top
of the berm to the natural existing grade at the base o the berm.
(2) In all residence districts, no berm shall have a height greater than
our (4) feet in the Tront yard or six and one half (6-f) feet in
a rear or side yard.
(3) In all nonresidence districts, no berm shall have a height greater
than six and one half (6 ) feet in a front, rear or side yard.
(4) Notwithstanding the provisions of Subsection B( 1) and (2) of this
section, where the proposed berm is along a major street, as that
term is defined in subsection A106-13 of the Town of Southold
Land Subdivision Regulations, the Planning Board may increase
Me height limitations of this subsection where it would be in the
public interest by limiting adverse impacts from noise or light or
by promoting aesthetic considerations. However, in no case shall
a berm along a major street exceed ten (10) feet.
C. Permit.
(1) All berms in excess of four (4) feet in height, except those required
to be constructed in connection with the Planning Board's approval
of a subdivision plat or site plan, shall require a building permit.
(2) All applications fcr a building permit for a berm shall include the
following:
(a) A detailed grading plan of the entire site indicating the
existing topography in contour intervals no greater than five
(5) feet and the proposed topography in contour intervals
no greater than two (2) feet. The scale of the grading plan
shall be no smaller than one 1) inch equals twenty (20) feet.
(b) A cross section of the berm indicating the type of materials
to be used in constructing the berm (i.e. , fill, topsoil) and
the location of landscaping. The scale of cross section shall_
be no smaller than one ( 1) inch equals four 4 feet; and
(c) A detailed landscaping plan indicating the location, size and
quality oft the species to be planted.
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Or 0(-
(3) All applications for a building permit for a berm shall be referred
to the Planning Board for its approval with respect to the compatibility
of the berm with the surrounding properties and associated land
uses, drainage considerations, landscaping and aesthetics.
(4) Within twenty (20) working days of receipt of a complete application
by the Planning Board, it shall approve, approve with modifications,
or disapprove the application.
(5) The Building Inspector shall not issue a permit for a berm until
Planning Board approval has been received. Failure of the Planning
Board to act within twenty (20) working days shall be deemed an
approval.
(6) All provisions of this chapter relating to the buildinghermits and
construction shall apply to building permits for berms, except as
provided in this Section.
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Or
T
26. Chapter 100 is amended by adding a new Article thereto, to be Article XXIV,
to provide as follows :
ARTICLE XXIV
Nonconforming Uses and Buildings
Section 100-240. Purpose.
The purpose of this article is to reduce or minimize impacts of: uses and
buildin s which do not conform to the use or bulk.requirements set forth in
this chapter; all. uses and buildings that .become nonconforming by reason
of any subsequent amendment to this chapter; and all buildings containing
nonconforming uses.
Section 100-241. Nonconforming uses.
Except as provided hereinafter, nonconforming use of buildings or open land
existing on the a ective date o tis. chapter or authorizedby a building
permit issued prior thereto, regardless-of regardless-ofchange e o title, possession, or
occupancy-or -right thereof, may be continued indefinitely, except that such
building or use:
A. Shall not be enlarged, altered, extended, -reconstructed, or restored
or placed on a different portion of t the lot or parcel of land occupied by
such use on the effective da.te of this chapter, nor shall any external
evidence of such use be increased by any means whatsoever.
B. Shall not be moved to another location where such use would be
nonconforming.
C. Shall not be changed to another nonconforming use without approval
by the Board of Appeals and then only to.a use which, int e opinion
of the said Board, is of the same or of a more restrictive nature.
D. Shall not be changed back .to.a less restrictive use, if changed to a more
restrictive nonconforming use.
E. Shall not be re-established if such use has been changed to, or replaced
by, a conforming use.
F. Shall not be repaired or rebuilt unless the use is changed to a conforming
use if the nonconforming use is damaged by fire or other causes to the
extent of 50% of its fir value.
G. Whenever a nonconforming- use of a .building or premises has been
discontinued. fo_r_apeerioodd of more than two 2 years or has been
changed- to a. higher classificationor to a conforming use, anything in
this article to the contrasy notwithstan in , the nonconforming use of
such building or premises shall no longer a permitted unless a variance
therefor shall have been granted by the Boar of ppeals.
Section 100-242. Nonconforming buildings with conforming uses.
A. Nothing in this article shall be deemed to prevent the remodeling,
reconstruction or enlargement of a noncon orming bui ding containing
a conforminq use provided that; such action does not create any new
nonconformance or increase theegareree o noncon ormance with regard
to the regulations pertaining to such buildings.
B. Reconstruction of a damaged building.
1_ A nonconforming building containing a conforming use which has
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•r
been damaged by fire or other causes to theextent of more
than 50% of its fair value shall not be repaired or rebuilt
unless such building is made substantially- to conform to the
height and yard requirements of Me Bulk Schedule.
2. Application for a permit to build or restore the-damaged portion
jif-any building dama ed or destroyed as set forth in subsection
S1STU above, shall be filed within one year of the date of such
amage, and shall be accompanied by.plans for reconstruction
which, as to such portion, shall comely. with there uirements set
forth above. If such permit is. issue , it shall lapse-one year
t Brea ter unless reconstruction in--accordance with the approved
p
Ta has been initiated.
Section 100-243. Nonconforming buildings with nonconforming uses.
A. A nonconforming building containing a nonconforming use shall not be
enlarged, reconstructed or structurally altered or moved, un ess t e
use of such building is changed to a con orming use.
B. A nonconforming building containing a nonconforming use which has been
damaged by fire or other causes to the extent of more than 50, of its
fair value shall not be repaired or rebuilt unless the use of such wilding
is changed to a conforming use.
Section 100-244. Repairs and maintenance.
Notwithstanding any of the foregoing regulations, nothing in this article shall
be deemed to prevent normal maintanance and repair of any building, or the
carrying out upon the issuance o a u- din ermit of ma'or structural
alterations or demolitions necessary in the interest of public sa ety
Section 100-245. Involuntary moves.
Subsections (A) and (B) of Section .100-241 and subsection (A) of Section
100-243 herein are not intended to apply to involuntary movements of uses
or structures as a result of condemnation actions or other lit- ation
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27. Chapter 100 is amended by adding a new Article thereto, to be Article XXV,
to provide as follows :
ARTICLE XXV
Site Plan Approval
Section 100-250. Purpose.
To standardize procedure for review of site plan and requirements for site
plan application regardless of district.
Section 100-251. General requirements.
No building or structure and no parking lot or outdoor use of land, except
those used as a one-family or two-family dwelling or for farming purpose
and their accessory uses, including home occupations, shall be used,
constructed, enlarged, or moved until a site plan meeting all the applicable
requirements of this artic a has been approved by the Planning Board. In
addition, any change in use or intensity of use which will affect the
characteristics of the site in terms of parking, loading, access, drainage
and/or utilities or any plan to alter a building in a historic district or with
historic, landmark designation will require site plan approval. Furthermore,
any use or structure in a flood or erosion hazard area will require site plan
approval.
In all cases where this chapter requires approval of site development plans
by the Planning Boar , no building permit shall be issued by the Building
Inspector except upon authorization of an in conformity with the site plan
approval by the Plannin Boar .
Moreover, it is the intent that all roblems arising within the limits of the
job site will be completely resolved, redesigned and approved before any
work is resumed. However, in the event that an error either of design or
judgement becomes apparent during the progress of the work, the Planning
Board through its representative, the Building Inspector, reserves the riqht
to stop such work and direct such changes pursuant to Town of Southold
specifications to correct such error.
It is also understood, that the Planning Board or its representatives shall
not be held liable for any problems arising during or after construction
Section 100-252. Objectives.
In considering and acting upon site development plans, the Planning Board
shall take into consideration the public health, safety and welfare, the comfort
and convenience or the public in general and the residents of the immediate
nei hborhood in articular, and may rescribe a ro riate conditions and
safeguards as may be r_eq`6`F_re' d in order that the result of its action may,
to the maximum extent ossible, further the expressed intent of this chapter
and the accomplishment of the following objectives in particular
A. Traffic access. That all proposed traffic accesswa s are adequate but
not excessive in number; adequate in width, grade, alignment and
visibility; are located in proper relationship with intersections,
pedestrian crossings and places of public assembly and are in conformance
with overall traffic safety consideration.
B. Interior circulation and parking. That adequate off-street parkin
and loading spaces are provided to satisfy the needs of the
proposed uses on-site, and tat the interior circulation s stem is
adequate to provide convenient access to such spaces consistent with
pedestrian safety.
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C. Landscaping and screening. That all required recreation, parking,
service and similar areas are screened at all seasons of the year from
view of adjacent residential districts and streets, and that the landscaping
of the site is in character with that generally prevailing in the
neighborhood. Existing trees_ eight inches or more in diameter
measured three feet above the base of the trunk shall be retained to
the maximum extent possible.
D. Natural features. Due re aarnd�shall be paid to all natural features on
and adjacent to the site, inching, but not limited to, drainage courses,
wetlands, marshes, dunes, bluffs, beaches, escarpments, woodlands,
large trees, unique plant and wildlife habitats, flood hazard areas and
to protection of ground and surface waters.
E. Cultural Features. Due regard shall be paid to all cultural features
on and adjacent to the site including, but not limited to, archeological
and paleontological remains, old trails, historic structures and sites
and agricultural-fields.
F. Pavement. All plazas and other paved areas intended for use b
pe estrians shall make use ot such pavements and p ant materials
which could serve to encourage their use by pedestrians during all
seasons of the year and shall not consist of undue expanses of pavement
G. Lighting. All outdoor lighting shall be of such a nature and so arranged
as to preclude the projection of direct light and glare onto adjoining
properties and streets.
H. Public address or sound system. Any sound or public address system
' shall be such that no sound from system shall be audible on adjoininq
properties or on the adjacent street.
1_ Facades. Building facades shall be compatible with surrounding area
J. Drainage. The drainage system and layout proposal will afford an
adequate solution to any drainage problems.
K . Public utilities. Plans for water supply and sewage disposal are adequate
such that the internal water and sewers stems are adequate and that
all wells, sewage systems and connections to Towns stems are in
accordance with Town and County stan ards.
L. Existing development and community plan. That the development
proposed is at a scale and density consistent with existing development
and with the Master Plan of the Town of Southold. _
M. Aesthetic considerations. The design of all structures shall be compatible
with that of surrounding structures. Compatibility shall be determined
by a review of ro osed 1 use of materials, 2) scale, (3) mass,
4 height, 5 color, 6 texture, and-"7 location of the structure
or structures on the site.
N. Handicapped access. The site plan and building design shall accommodate
the needs of the handicapped and be in conformance with the State
standards for construction concerning the handicapped.
O. Energy conservation. The site plan and building design shall maximize
the conservation of energy.
Section 100-253. Effect of approval.
A. No building permit shall be issued for any structure covered_ by this
article until an approved site develo meet plan ora rovea amendment
o anxv such elan has been secured by the applicant from the Planning
Board an presente to theuilding Inspector.
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B. No certificate of occupancy will be issued for any structure or use of
land covered by this article unless the structure is completed or the
land is developed or used in accordance with an approved site development
plan or approved amendment of any such plan.
C. Should any site plan approval involve_ any matter requiring referral
to the Suffolk County Planning Commission, then the matter shall be
referred, prior to final action by the Planning Board, to the Suffolk
ounty Planning Commission in accordance with the applicable provisions
of law.
Section 100-254. Procedure.
A. Presubmission conference. Prior to the submission of a site development
plan, the app icant or his agent shall meet with the Planning Board.
The purpose of such conference shall be to discuss proposed uses or
development in order to determine which of the site development plan
elements shall be submitted to the Planning Board in order for said
Board to determine conformity with the provisions and intent of this
chapter.
B. Waiver of required information. Upon findings by the Planning Board
that, due to special cion itions peculiar to a site, certain of the information
normally required as part of the site plan is inappropriate or unnecessary,
or that strictcomm liaannce with said requirements may cause extraordinary
and unnecessar hardships, the Board may vary or waive the provision
of such information, provided that such variance of waiver will not ave
detrimental effects on the public health, safety or general welfare, or
have the effect o nullifying the intents purpose o the site plan
submission, Official Map, Master Plan, or this Zoning Code. See
following Section 100-255 on Site Plan Elements.
C. Within six (6) months follow ng the presubmission conference, nine
copies of the site development plan application and any related
information shall be submitted to the Planning Board. Within thirty
30) days of receipt of the application, the Planning Board shall determine
whether said application is complete. If the Planning Board determines
said application to be incomplete,_ it shall forthwith notify the applicant,
wherein said application is eficient. If a site development plan application
is not submitted within six 6 months following a presubmission conference,
another conference may be required by the Planning Board.
D. If the Planning Board determines said application to be complete, it
shall within ten 10 business days of such determination, solicit
comments and reviews from all agencies. The Planning Board shall also
send a copy of the application to solicit comments and review within
thirt (30) days of the ate of referral from the Town Trustees, Town
Engineer, Superintendent_ of Highways, the Conservation Advisory
Commission, Buildinq Inspector.. Fire District, or other municipal
agency or district potentially affecte y the proposed development.
Applications for condominium development shall be forwarded to the
Suffolk County PlanningCommission for their review and response
within thirty 30 ays of the date o referral. If the County Planning
ommission makes a negative recommendation, a Town Planning Boar
vote of a majority Tus one is required It shall certify to the Town
Clerk that a complete application is on fie with the Planning oar .
E. No application shall be deemed complete until either a negative declaration
has been made fort the ap-pTication pursuant to the State Environmental
Quality Review Act E R as implemented by Chapter 44 of the Town
Code, orrifapositive declaration is made, until a draft environmental
impact statement has been accepted by the Planning Board as satisfactory
with respect to scope, content, and adequacy. Regardless of the time
requirements of this section, reasonable time shall be provided for
compliance with SIEQRA including the preparation of a final environmental
impact statement.
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F. If the Planning Board determines that a public hearing is necessary,
it shall schedule and hold same. Notice shall be given at least five (5)
des prior to the dates of such hearing by publication in the official
Town newspaper.
G. Within forty-five (45) days of the conclusion of the public hearing,
or if none was held, within forty-five (45) days of determining that
the application was complete, the Planning Board shall determine whether
the site development plan application complies with the purposes and
specifications of this Chapter and shall so inform the Building Inspector
and Town Clerk and the applicant, in writing, of its approval, its
approval with modifications to bring about compliance, or disapproval.
This forty-five (45) day period may be extended by the Planning Board
upon t e written consent o the applicant, or as may be permitted under
the State Environmental Quality eview Act as implemented by Chapter
44 of the Town Coae. Failure to act within said forty-five 45 days
shall be deemed to be approval.
H. Once approval has been granted by the Planning Board, one translucent
linen or mylar and six copies of the approved plan, on which all conditions
imposed by the Planning Board as part of its approval have been clearly
indicated, shall be forwarded to the Chairman for his/her endorsement.
1_ Amendments to a site development plan shall be acted upon in the same
manner as the approval of the original plan.
J. Approval of a site plan by the Planning Board shall be valid for a period
of 365 days for the purpose of obtaining a building permit. Failure
to secure a budding permit during this period shall cause the site plan
approval to become null and void. Once a buildin permit has been
issued, an approved site development plan shall be valid fora period
of two (2) years from the date of approval of the plan) . All work
proposed on the plan shall be complete within two 2 years from the
date of approval unless a longer period was approved or the applicant
obtains an extension from the Planning Board. No building permit shall
be issue be ore approval of a site eve opment pan has been received
from the Planning Board. -
K. No regrading, clearing, tree removal or any other work in preparation
of future use of a site may take place until site plan approval has been
received from the Planning Board.
L. In the case of a variance application requiring a site plan approval,
the site development plan application shall be subjected to a preliminary
review in accordance with the above procedure before recommendations
are made by the Planning Board prior to action on said applications
by the Board of Appeals. Building permits issued for variances shall
be in accordance with the conditions established by the Board of Appeals.
M. A statement shall be placed on all site plans approved by the Planning
oard to the effect that the owners agree(s) to comply with the Rlan
and all conditions noted thereon. The required site improvements all
roads, paving and circulation, drainage, utilities, outdoor lighting,
recreation areas, garbage collection station, Ian scaping and screening
including planting and maintenance thereof for a minimum of one year
and a maximum of three years at the discretion of the Planning Board)
which are an integral part of the approved .plan shall be guaranteed
by cash, performance bond or other acceptable guarantee approved
by the Town Board and Town Attorney. In the event that a satisfactory
guarantee is not provided within ninety 90) days of the date of the
resolution of the Planning oard approving the plan, said resolution
shall be deemed null and void. A cash guarantee can be for 500 of the
improvements, but a bond or other guarantee shall be for 1000' of the
cost of the improvements.
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N. The said bond, surety or cash deposit shall be conditioned upon the
property owners oreve oper s-' completingg the said work enumerated_
herein and set forth on the approved site plan in a manner satisfactory,
to the Planning Board; and upon the proper functioning of said systems
Tor a erio�Tc of one year from their comet-ion. In default thereof, the
said bond or de osit shall be forfeited and the Town shall use the amount
thereof to complete any incomplete portion of the said work or to make
sure repairs are undertaken as are necessary to assure proper functioning
of-said- provided, however, that if any amount of money
remains after the Town has completed the said work, such excess money
wil be returned to the surety or the person putting up the req_ mored
deposit. Said surety bond or cash deposit may be reduced by resolution
of the Town Board upon the certification nf the Town Engineer that
one or more particular items required by the Town Board have been
satisfactorily ctorily complete uc reduction shall be in the ratio that the
completed item or items bear to the total estimated cost of the required
improvements. The installation of all improvements shall be under the
direct supervision of a New or State registered architect or professional
engineer.
O. To obtain a building permit, an applicant shall provide to the Building
Inspector proof of Town Board acceptance of guarantee. No part of
the guarantee shall be released until all requirements of site plan approval
including the construction of site improvements is completed, inspected
and approved by the Town.
P. The site development improvements shall be fully completed in accordance
wi_th the approved plan before any new building or structures own
on the approved site plan is occupied or any existing building shown
on the approved site plan is occupied with a new use, pursuant to
Section 100-284 on Certificates of ccuQancy, which indicates that no
building shall be occupied until a certificate of occupancy has been
issued.
Section 100-255. Site plan elements.
A. Submission
A complete site plan application shall consist of:
1. a complete site plan application form,
2. site plan review fee, as specified in subsection B below.
3. an environmental assessment form, part one, for all Type I actions,
or actions that may have a significant environmental impact. See
Southold Environmental Qualifty Review Law.
4. site plan(s) .
B. Fee
The site plan review and inspection fee is based on the area contained
within the site plan. Such fee shall be computed on the basis of 0.05
per square foot of area within the site plan property limits, less building
coverage.
C. Site Plan
The applicant shall submit a site plan at a minimum scale of one inch
equals 40 feet to be prepared by a New York State licensed Architect,
Landscape Architect, Civil Engineer or Surveyor. The site plan shall
include those of the elements listed herein which are appropriate to
the proposed development or uses as indicated b�r the Planning Board
in the presubmission conference. This information, in total, shall
constitute the site plan. Mult ple sheets may be utilized to present
the in ormation required.
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1. Legal data.
a. Lot, block and section number, if any, of the property taken
from the latest tax records.
b. Name and address of the owner of record.
C. Name and address of the person, firm or organization preparing
the map, sealed with the applicable New York State license
seal and signature.
d. Date, North point and written and graphic scale.
e. Propert descri tion shall be prepared by a licensed Surveyor
or Civil Engineer. The site plan may reference a land surveyor's
map or base reference map. All distances shall be in feet
and hundredths of a foot. All anoles shall be given to the
nearest 10 seconds or closer. The error of closure shall not
exceed one in 10,000.
f. The locations, names and exis ting widths of adjacent streets
and curb Ines.
A separate map of location and owners of all adjoining lands,
wi in eet ass own on e a es ax records, ata scale
of one inch equals 100 feet.
h. Location, width and purpose of all existing and proposed
easements, setbacks, reservations and areas dedicated to
public use within or adjoining the property.
i. A complete outline of existing easements, deed restrictions
or covenants applying to -Me property.
j. Existing zoning, including zone lines and dimensions.
2. Natural features.
a. Existing contours with intervals of two feet or less, referred
to mean sea level as per USGS datum.
b. Approximate boundaries of any areas subject to flooding or
storm water overflows; tidal bays, ponds, and marshes,
freshwater bo ies and-wetlands and streams.
C. Location of existing natural features enumerated in subsection
D of Section 100-252, and any other significant existing
natural features such as rock outcrops and trees with a
iameter o eI ht inches or more measured three feet above
the base of the trunk.
d. Location of any existing cultural features enumerated in
subsection E of Section 100-252, and any other significant
cultural features.
3. Existing structures and utilities.
a. Outlines of all structures and location of all uses not requiring
structures.
b. Paved areas including parking areas, sidewalks, and vehicular
access between the site and public streets.
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c. Locations, dimensions, grades, and flow direction of any
existing culverts, water lines, sewer lines or sewage
disposal systems, as well as other underground and above
ground utility poles and utility lines within and adjacent to
the property.
d. Other exis��t_�__i__nn���development features or strucutres, including
fencesnping and screening.
e. The location and use of all buildings and structures within
200 feet of the boundary of the subject property.
4. Proposed development.
a. The location of proposed buildings or structural improvements,
indicating setbacks from all property lines and horizontal
distances from existing structures.
b. The location and design of all uses not requiring structures,
such as off-street parking and loading areas and pedestrian
circulation-.
C. The location, direction, power and time of use for any proposed
outdoor lighting or public address systems.
d. The location and plans for any outdoor signs which must be
in accordance with applicable sign regulations.
e. Paving, curbs, sidewalks, drainage structures, fencing,
grading and drainage plans shall be in conformance with the
Town of Southold highway standards.—
f.
tan ar s.f_ Grading and drainage plans shall be based upon site rainstorm
retention, in conformance with the Town of Southold hi hwa
standards, contours and spot grade elevations to be provided
g Landscaping, buffering and street tree plans includin
material size, quantity and location. A list of plantings shall
also be shown, as per the Town of Southold highway standards
h. Location of water and sewer mains, electrical service and
cablevision installations, location o water valves and
hydrant and/or any alternate means of water supply and
sewage disposal and treatment.
i_ An indication that all storage areas for materials, vehicles,
supplies, products, or equipment shall be located in either
a side or r,-ar yard and Mat such areas area equately fenced
or screened.
j_ If the site development plan indicates only a first stage,_a_
supplementary plan may indicate ultimate development
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28. Chapter 100 is amended by adding a new Article thereto, to be Article XXVI,
to provide as follows:
ARTICLE XXVI
Special Exception Uses
Section 100-260. Purpose.
The provisions of this article are desioned to provide for administrative
review of selected types of proposed land uses. Certain uses which are
allowable under zoning are nevertheless so likely—to—significantly affect their
surroundings that they require individual review to assure compatibility with
existing land use patterns, commu ty cFiaracter and tFie natural environment,
before being ermitted to come into existence. Similarly-, certain authorized
uses may take on such diverse forms in their actual implementation that it
is wise to review and ass upon t e adherence of each individual proposal
to standards and guide ously established for the use involved.
Final) , the case-
by-case review achieved b use of t especial exception
approval mechanism can increase t e exi i ity and a ropriateness of local
development review, and better —enable oral officials to avoid negative
consequences which sometimes arise from the otherwise lawful development
or use of a particular site.
Section 100-261. Special exception uses.
There is hereby created a category of land use approval to be known as
special exception uses. Said uses may not be commenced, created, undertaken,
carried out or thereafter maintained or substantially expanded without a special
exception approval first having been obtained therefor, which special exception
approval shall have been granted for the use either by the Planning Board,
the Zoning Board of Appeals or the Town Board, according to the provisions
or the particular special exception use set forth in this article or elsewhere
in this chapter. Any land use, including the erection, construction,
reconstruction, alteration, demolition, moving, conversion or change of use
of any structure, shall be a sped Fexception use requiring a special exception
approval if the text oft is chapter, ort the Use Schedule hereof, denotes
the use as being either t e —subject of a special exception approval or simply
a special exception use. No building permit for any such special exception
use shall be issued until the required .special exception approval shall have
been granted fort the same, and the conditions imposed in such approval as
prerequisites to a Bu ding permit, if--there be any, have been met
Section 100-262. Rules of conduct and procedure for special exception uses
A. An application for a special exception approval shall be on the form
or same provided b t e Buildin inspector,- and shall be submitted
i to it plicate, together witht e fee of $75.00, tot the Building Ins ector
who Ji5ll review the application for completeness and conformity with
this chapter. The Building Inspector shall reject the application if it
is not complete or not in conformance, .and shall notify the applicant
as to the reaso for such rejection. I t e application is satisfactory,
the applicant and the Bu i ding Inspector shall forward t e applications
tot the board having juris iction thereof.
B. Prior to taking action on any special exception use, the board having
jurisdiction thereof shall schedule a public hearing within forty-five
(45) days after determination that the ap lication is complete. Within
sixty (60) da s following the close of t e public hearing, the board
shall render a decision on the application.
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C. Effect of approval. A special exception approval issued in accordance
with the provisions of this article shall authorize only the special
exception use for which the appraval is granted. No use which is
not a special exception use hereunder shall. be authorized by any such
approval.
The approval may inc u e reasonable con itions which the
board determines to be necessary or appropriate to insure that the—
applicable general and specific standards and safeguards set forth in
this chapter ort the use can and will . be met and/or adhered- to. A
special exceptionapproval shall e valid for a .period of six (6)
months, but may be extended for. one (1) additional six (6) month
period by the issuing board without the e requirement of new public
notice of hearing. A continuing or permanent land use authorized by
a special exception approval which is underta en or begun during
the period of validity of such approval shall thereafter be deemed a
lawful use, as T he same were permitted by t is chapter without need
for a special exception permit; provided however, that:
(1) All conditions imposed by the special exception approval shall continue to
apply, unless by their express terms are of limited duration.
(2) All conditions imposed on special exception approval uses generally
or specifically by this chapter shall continue to apply, regardless
of whether any such conditions were expressly incorporated into
the special exception approval.
(3) The board which issues the special exception approval shall retain
continuing jurisdiction overt the same.
D. Violations of conditions. A violation of any limitation or condition of
a special exception approval, or of any provision of this chapter
applicable to a special exce tion use, shall constitute a violation of this
chapter. The board which approves any special exception use shall
retain jurisdiction, and shall have the right, after a public hearing,
to modify, suspend or revoke such. approval, or any term or condition
thereof, or to impose thereon one or more new conditions, all on the
following grounds:
(1) False statements or mistake of material fact. Materially false or
inaccurate statements int the application, supporting papers or
supporting testimony, orignorance or misunderstanding of a
material fact by the board, which fact, had it been known to the
board at the time of its review, would have resulted in a denial
of the approval sought.
(2) Non-compliance with the terms and conditions of such approval.
Failure of the applicant-permitee to comply with any conditions
or terms of the approval.
(3) Activity beyond such approval. Exceeding the scope of the activity
use or project as the same was described int the application.
Section 100-263. General Standards.
No special exception approval shall be granted unless the board having
jurisdiction thereof specificallyinnas and determine—s—e— foTiowing:
A. That the use will not prevent the orderly and reasonable use of adjacent
properties or properties in adjacent use districts.
B. That the use will not revent the orderly and reasonable use of permitted
or legally established uses int the district wherein the proposed use
is to be located, or of permitted or legally establis ed uses in adjacent
use districts.
C. That the safety, the health, the welfare, the comfort, the convenience
or the order of the Town will not be adversely affected by the proposed
use and its location.
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D. That the use will be in harmony with and promote the general purposes
and intent of this chapter.
E. That the use will be compatible with its surroundings and with the character
of the neighborhood and of the community in general, particularly wit
regard to visibility, scale and overall appearance.
F. That all proposed structures, equipment and material shall be readily
accessible for fire and police protection.
Section 100-264. Matters to be Considered
In making such determination, consideration shall also be given, among other
things, to:
A. The character of the existing and probable development of uses in the
district and the peculiar suitability of such district for the location of
any of such permitted uses. -'
B. The conservation of property values and the encouragement of the most
appropriate uses of land.
C. The effect that the location of the proposed use and the location that
entrances and exits may have upon the creation or undue increase of
vehicular traffic congestion on public streets, highways, or sidewalks
to assure the public safety.
D. The availability of adequate and proper public or private water supply
and facilities for the treatment, removal or discharge of sewage, refuse
or other effluent (whether liquid, solid, gaseous or otherwise) that
may be caused or created by or as a result of the use.
E. Whether the use or the materials incidental thereto or produced thereby
may give off obnoxious gases, odors, smoke or soot.
F. Whether the use will cause disturbing emissions of electrical discharges,
dust, light, vibration or noise.
G. Whether the operation in pursuance of the use will cause undue interference
with the orderly enjoyment by the public of parking 'or of recreational
facilities, if existing or if proposed by the town or by of er competent
governmental agencies.
H. The necessity for bituminous-surfaced space for purposes of off-street
parking of vehicles incidental tot the use, and whether such space is
reasonably adequate and appropriate and can be furnished by t e owner
of the plot sought to be used within or adjacent tot a plot wherein
the use shall be located. _
1_ Whether a hazard to life, limb or property because of fire, flood, erosion
or panic may be created y reason of or as a result of the use, or by
the structures to be used therefor, or by the inaccessibility— of the pro ert
or structures thereon for the convenient entry and operation of fire
and other emergency apparatus, or y the undue concentration or assemblage
of persons upon such plot.
J . Whether the use or the structures to be used therefor will cause an
overcrowding of and or undue concentration of opulation.
K. Whether the plot area is sufficient, appropriate and adequate for the
use and the reasonably anticipated operation and expansion thereof.
L. Whether the use to be operated is u.nreasonably near to a church, school,
theater, recreational areas or of er place or public assemby.
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M. Whether the site of the proposed use is particularly suitable for such
use.
N . Whether adequate buffer yards and screening can and will be provided
to protect adjacent properties and land uses from possible detrimental
impacts of the proposed use.
O. Whether adequate provision can and will be made for the collection and
disposal of storm water runoff, sewage, refuse, and other liquid, solid
or gaseous waste which the proposed use will generate.
P. Whether the natural characteristics of the site are such that the proposed
use may be introduced there without undue disturbance or disruption
of important natural features, systems or processes, and without risk
of pollution to groundwater and surface waters on and off the site.
Section 100-265. Additional conditions and safeguards.
In deciding on any application for a special exception use, the board having
jurisdiction thereof may impose sucF conditions and safeguards as. it -deems
necessary or appropriate to preserve and protect the spirit and the objectives
oft is c apter.
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29. Article XII, as renumbered Article XXVII is hereby amended to read as follows :
ARTICLE [XII] XXVII
Board of Appeals
Section [ 100-120] 100-270. Appointment; membership.
The Town Board shall appoint a Board of Appeals consisting of five (5)
members, as provided by Town Law.
Section [ 100-121] 100-271. Powers and duties.
In addition to such powers as may be conferred upon it by law, the Board
of Appeals shall have the following powers:
A. Appeals. To hear and decide appeals from and review any order,
requirement, decision or determination made by the Building Inspector.
B. Variances. Where there are practical difficulties or unnecessary hardships
in the way of carrying out the strict letter of these regulations, the Board
of Appeals shall have the power to vary or modify the application of such
regulations so that the spirit of this chapter shall be observed, public
safety and welfare secured and substantial justice done.
C. Special exceptions, special permits and other approvals. Whenever
a use or the location thereof is permitted only if the Board of Appeals
shall approve thereof, the Board of Appeals may, in a specific case
and after notice and public hearing, authorize such permitted use and
its location within the district in which this chapter specifies the
permitted use may be located. [subject, however, to the following :
(1) Before such approval shall be given, the Board of Appeals shall
determine:
(a) That the use will not prevent the orderly and reasonable use
of adjacent properties or of properties in adjacent use districts.
(b) That the use will not prevent the orderly and reasonable use
of permitted or legally established uses in the district wherein
the proposed use is to be located, or of permitted or legally
established uses in adjacent use districts.
(c) That the safety, 'the health, the welfare, the comfort, the
convenience or the order of the town will not be adversely
affected by the proposed use and its location.
(d) That the use will be in harmony with and promote the general
purposes and intent of this chapter.
(2) In making such determination, the Board of Appeals shall also
give consideration, among other things, to:
(a) The character of the existing and probable development of
uses in the district and the peculiar suitability of such district
for the location of any of such permitted uses.
(b) The conservation of property values and the encouragement
of the most appropriate uses of land.
(c) The effect that the location of the proposed use may have
upon the creation or undue increase of vehicular traffic
congestion on public streets or highways.
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Or
(d) The availability of adequate and proper public or private
water supply and facilities for the treatment, removal or
discharge of sewage, refuse or other effluent (whether
liquid, solid, gaseous or otherwise) that may be caused or
created by or as a result of the use.
(e) Whether the use or the materials incidental thereto or produced
thereby may give off obnoxious gases, odors, smoke or soot.
(f) Whether the use will cause disturbing emissions of electrical
discharges, dust, light, vibration or noise.
(g) Whether the operation in pursuance of the use will cause
undue interference with the orderly enjoyment by the public
of parking or of recreational facilities, if existing or if
proposed by the town or by other competent governmental
agencies.
(h) The necessity for bituminous-surfaced space for purposes
of off-street parking of vehicles incidental to the use, and
whether such space is reasonably adequate and appropriate
and can be furnished by the owner of the plot sought to be
used within or adjacent to the plot wherein the use shall be
located.
(i) Whether a hazard to life, limb or property because of fire,
flood, erosion or panic may be created by reason of or as
a result of the use, or by the structures to be used therefor,
or by the inaccessibility of the property or structures thereon
for the convenient entry and operation of fire and other
emergency apparatus, or by the undue concentration or
assemblage of persons upon such plot.
(j) Whether the use or the structures to be used therefor will
cause an overcrowding of land or undue concentration of
population.
(k) Whether the plot area is sufficient, appropriate and adequate
for the use and the reasonably anticipated operation and
expansion thereof.
(1) Whether the use to be operated is reasonably near to a church,
school, theater, recreational area or other place of public
assembly. ]
D. Interpretations. On appeal from an order, decision or determination
of an administrative officer, or on request of any town officer, board
or agency, to decide any of the following :
( 1) Determine the meaning of any provision in this chapter or of any
condition or requirement specified or made under the provisions
of this chapter.
(2) Determine the exact location of any district boundary shown on
the Building Zone Map.
Section 1100 1221 100- 272. Additional conditions and safeguards.
In deciding any matter before it, the Board of Appeals may impose such
conditions and safeguards as it deems necessary or appropriate to preserve
and protect the spirit and the objectives of'this chapter.
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Section [ 100-123] 100-273. Rules of conduct and procedure.
The Board of Appeals shall, consistent with the law, determine its own rules
of conduct and procedure.
Section [ 100-124] 100-274. Fees
All applications to the Board of Appeals for any relief herein shall be
accompanied by a fee of [fifty dollars ($50. )] seventy-five dollars ($75. ) .
Section [ 100-125] 100-275. Notice of hearing.
A. In all cases where the Board of Appeals is required to hold a public
hearing, in addition to the notice of such hearing required by law, a
written notice containing the following information shall be sent by the
person petitioning such Board, or his agent, by either certified or
registered mail, to every owner of property immediately adjacent
thereto. In the event that any petitioner owns or has any interest in
any property immediately adjacent to the property which is the subject
of such petition, then written notice shall also be given to the owners
of the property adjacent to such other property of the petitioner. For
the purpose of this section, the words "owner" or "property owner"
mean the owner as shown on the current assessment roll of the Town
of Southold. The notice required by this section shall be mailed by the
petitioner, or his agent, within five (5) days preceding the filing of
the petition in the Town Clerk's office. Proof of mailing of such notices
in the form of a sworn statement shall be filed with the Town Clerk at
the time of filing of the petition. Such notice shall contain the following
information.
( 1) A statement that the petitioner proposes to apply to the Board
of Appeals of the Town of Southold for a variance, special exception,
special permit or other specified relief, as the case may be.
(2) A description sufficient to identify the property which is the
subject of the petition.
(3) The zone district classification of such property.
(4) A detailed statement of the relief sought by the petitioner.
(5) The provisions of the zoning law applicable to the relief sought
by the petitioner.
(6) A statement that within five (5) days such petition will be filed in the
Southold Town Clerk's office, Main Road, Southold, New York,
and may then be examined during regular office hours.
(7) A statement that a public hearing with respect to such petition
must be held by the Board of Appeals of the Town of Southold
before the relief sought can be granted; that the person to whom
the notice is addressed, or his representative, has the right to
appear and be heard at such hearing; and that a notice of such
hearing will be published in the official town newspaper not less
than five (5) days prior to such public hearing.
B. In lieu of complying with the provisions of this section, written verified
waivers of notice executed by the persons entitled to receive such notice
may be filed with the Town Clerk at the time of filing the petition.
C. Failure to comply with the provisions of this section shall not affect
the validity of any action taken by the Board of Appeals.
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30. Article XIV, as renumbered Article XXVIII is hereby amended to read as
follows :
ARTICLE [XIV] XXVIII
Administration and Enforcement
Section [ 100-140] 100-280. Administrative and enforcing officer.
A. It shall be the duty of the Building Inspector and such deputies and
assistants as may be appointed by the Town Board to administer and
enforce the provisions of this chapter and of all rules, conditions and
requirements adopted or specified pursuant thereto.
B. The Building Inspector and/or his assistant and deputy building
inspectors shall have such right—to enter and inspect buildings,
structures or premises and to perform other acts necessary for the
enforcement of this chapter as is conferred upon them by law. He
shall maintain files of all applications for building permits and plans
submitted therewith and for certificates of occupancy and records of
all building permits and certificates of occupancy issued by him, which
files and records shall be open to public inspection and to perform such
other acts necessary for the enforcement of this chapter as is conferred
upon them by law.
C. Said Building Inspector shall keee a record of every identifiable complaint
of a violation of any of the provisions of this chapter, and of the action
taken on each such complaint, which records shall be public records.
Ae shall report to the Town Board, at intervals of not gre5ler than
three (3) months, summarizing for the period since his previous report
all building permits and certificates of occupancy issued by him and
all complaints of violations and the action taken by him thereon.
D. The Building Inspector shall make the necessary inspections for the
purpose of ascertaining whether or not existing conditions comply with
the provisions of this chapter.
E. At the request of the Town Board, the Building Inspector shall inspect
any premises for the purpose of ascertaining whether or not existing
conditions comply with the provisions of this chapter and report, in
writing, to said Board the results ohis findings.
F. At the request of the Planning Board, the Building Inspector shall
review site plan applications for compliance with this chapter and
requirements established in the presubmission conference.
Section [ 100-141] 100-281. Building permits.
No building in any district shall be erected, reconstructed, restored, moved
or structurally altered without a building permit duly issued upon application
to the Building Inspector. No building permit shall be issued unless the
proposed construction or use is in full conformity with all the provisions
of this chapter and thepro iv sions of all other applicable laws, ordinances,
rules and regulations. Any building permit issued in violation of the provisions
of this chapter shall be null and void and of no effect without the necessity
for any proceedings, revocations or nullification thereof; and any work
undertaken or use established pursuant to the issuance of a permit in
violation of the provisions of this chapter shall be invalid.
A. Applications. Every application for a, building permit shall contain the
following information and be accompanied by the required fee and a
plot plan drawn to scale and signed by the person responsible for each
drawing. If no such plot plan is available, a survey is required,
prepared by a licensed engineer or land surveyor.
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SIC
If the Building Inspector deems it necessary that plans and specifications
be examined to ascertain if the proposed building will comply with applicable
building construction, housing and fire codes, he may require that plans
and specifications be filed with the building permit application.
(1) The actual shape, dimensions, radii, angles and area of the lot on
which the building is proposed to be erected, or of the lot on which
it is situated if an existing building, except in the case of the
alterations of a building which do not affect the exterior thereof.
(2) The section, block and lot numbers, if any, as they appear on the
latest tax records.
(3) The exact size and locations on the lot of the proposed building
or buildings or structural alteration of an existing building and
of other existing buildings on the same lot.
(4) The dimensions of all yards in relation to the subject building, and
the distances between such building and any other existing buildings
on the same lot and adjacent lots.
(5) The existing and intended use of all buildings, existing or proposed,
the use of land and the number of dwelling units the building is
designed to accommodate; and the necessary computations to
establish conformity to the bulk and density regulations.
(6) Such topographic or other information with regard to the building,
the lot or neighboring lots, as may be necessary to determine that
the proposed construction will conform to the provisions of this
chapter.
B. No building permit shall be issued for the construction or alteration of any
building upon a lot without access to a street or highway as provided by
Section 280-a of the Town Law.
C. No building permit shall be issued for any building where the site plan of
such building is subject to approval by the Planning Board, except in conformity
with the plans approved by the said Board.
D. No building permit shall be issued for a building in any district where such
use is permitted by special exception unless and until such approval has been
duly granted by the board having jurisdiction thereof.
E. No building permit shall be issued for any building until approval has been
received from the Suffolk County' Department of Health Services for the
proposed water supply and sewage disposal system.
F. The building permit application and all supporting documentation shall be
made in triplicate. Upon the issuance of a building permit, the Building
Inspector shall return one copy of all filed documents to the applicant.
G. The Building Inspector shall, within ten ( 10) business days after the filing
of a complete and properly prepared application, either issue or deny a
building permit. If a building permit is denied, the Building Inspector shall
state in writing to the applicant the reasons for such denial.
H . Every building permit shall expire if the work authorized has not commenced
within 12 months after the date of issuance, or has not been completed within
18 months from such date. If no zoning amendments or other regulations
affecting the property have been enacted int the interim, the Building
Inspector may authorize, in writing, the extension of the permit for an
additional six months. Thereafter, a new permit shall be required.
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I. As soon as the foundation of a building or of any addition to an
existing building is completed, and before first-story framing or wall
construction is begun, there shall be filed with the Building Inspector
an accurate survey, signed by the person responsible for said survey,
showing the exact location of such foundation with respect to the street
and property lines of the lot. No further construction shall be performed
until such survey is approved by the Building Inspector.
J. Permit fees. The following fees shall be paid upon the filing of an
application with the Building Inspector for a building permit, which
fees shall be paid into the general fund if the application is approved,
or returned to the applicant if the application is denied :
[ (a) ] ( 1) Single-family dwellings:
[ 1] (a) New dwellings and additions to existing dwellings: fifty
dollars ($50.) plus ten cents ($0. 10) for each square foot
of floor area in excess of eight hundred fifty (850) square
feet.
[2] (b) Accessory buildings and additions and alterations to existing
accessory buildings: twenty-five dollars ($25. ) plus ten
cents ($0. 10) for each square foot of floor area in excess
of five hundred (500) square feet.
[ (b) ] (2) Farm buildings and additions and alterations to existing farm
buildings: twenty-five dollars ($25.) for each building.
[ (c) ] (3) Hotel, motel, multiple dwellings and business, industrial and
all other buildings:
[ 1] (a) New buildings and additions and alterations to existing
buildings: one hundred dollars ($100. ) plus fifteen cents
($0. 15) for each square foot of floor area in excess of one
thousand (1,000) square feet.
[2] (b) Accessory buildings and additions and alterations to existing
accessory buildings: twenty-five dollars ($25.) plus ten
cents ($0. 10) for each square foot of floor area in excess
of five hundred (500) square feet.
[ (d) ] (4) Foundations constructed under existing buildings: thirty dollars
($30.) .
[ (e) ] (5) All other structures (i.e. , fences, pools, etc. ) and additions
and alterations to such structures: twenty-five dollars ($25. ) .
[ (f)] (6) Signs. The fee for all signs, except signs permitted by [Section
100-30C(6) (a) ,] Section 100-31C(9) (a) , shall be twenty-five
M25)25) for each square foot of sign area, with a minimum fee of
five dollars ($5.) .
[ (g) ] (7) Demolition and/or removal and/or relocation of any building :
[one hundred dollars ($100.) ] ten ($10.) dollars minimum, and
five d e TOOTd red
300) square feet of floor area.
Section 1100 -1421 100-282. Revocation of permit.
The Building inspector may revoke a building permit theretofore issued and
approved in the following instances:
A. Where he finds that there has been any false statement or misrepresentation
as to a material fact in the application, plan or specifications on which the
building permit was based.
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B. Where he finds that the building permit was issued in error and should
not have been issued in accordance with the applicable law.
C. Where he finds that the work performed under the permit is not being
prosecuted in accordance with the provisions of the application, plans
or specifications.
D. Where the person to whom a building permit has been issued fails
or refuses to comply with a stop order issued by the Building Inspector.
Section [100-143. ] 100- 283. Stop orders.
Whenever the Building Inspector has reasonable grounds to believe that
work on any building or structure is being prosecuted in violation of the
provisions of the applicable law, ordinances or regulations, or not in
conformity with the provisions of an application, plans or specifications
on the basis of which a building permit was issued, or in an unsafe and
dangerous manner, he shall notify the owner of the property, or the
owner's agent or the person performing the work, to suspend all building
activities until the stop order has been rescinded. Such order and notice
shall be in writing and shall state the conditions under which the work
may be resumed, and may be served upon a person to whom it is directed
either by delivering it personally to him or by posting the same upon a
conspicuous portion of the building under construction and sending a copy
of the same by certified mail.
Section [100-144. ] 100-284. Certificates of occupancy.
A. A certificate of occupancy shall be applied for from the Building
Inspector and it shall be unlawful to do any of the following until
a certificate of occupancy is issued therefor, to wit:
1. Occupancy and use of a building erected, reconstructed, restored,
structually altered or moved, or any change in use of an existing
building.
2. Occupancy, use of any change in the use of any land.
3-- Any change in use of a nonconforming use.
B. No certificate of occupancy shall be issued for the use of a building
or lands requiring a special exception approval or special
permit, or for any land use requiring a site plan
approval by the Plarihing Board, unless and until such special
exception or special permit approval or site plan approval has been
duly granted. Every certificate- e of—occupancy for which a special
exception, special permit or site plan approval has been granted,
or in connection with which a variance has been granted by the Board
of Appeals, shall contain a detailed statement of any condition to
which the same is subject.
C. Application for a certificate of occupancy on a form furnished by the
Building Inspector for a new building or for an existing building
which has been altered shall be made after the erection of such
building or part thereof has been completed in conformity with the
provisions of this chapter, and, in the case of a new building, shall
be accompanied by an accurate plot plan, or if not available, by a
survey prepared by a licensed land surveyor or engineer, showing
the location of the building as built. Such certificate shall be issued
within ten days after receipt of the properly completed application,
provided that the application states that all requirements of all other
applicable codes or ordinances in effect are complied with.
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r
D. If the proposed use is in conformity with the provisions of this chapter
and all other applicable codes and ordinances, a certificate of occupancy
for the use of vacant land or for a change of use or a nonconforming
use shall be issued by the Building Inspector within ten days after
receipt of a properly completed application. If a certificate of
occupancy is denied, the Building Inspector shall state the reasons
therefor in writing to the applicant.
E. Every application for a certificate of occupancy or a temporary
certificate of occupancy shall be accompanied by a fee of five dollars
($5. ) . Copies of such certificate will be issued upon payment of one
dollar ($1.) per copy.
F. A certificate of occupancy shall be deemed to authorize and is required
for both initial occupancy and use of the building or land to which
it applies.
G. Upon written request and upon payment of a fee of fifteen dollars
($15.) , the Building Inspector shall, after inspection, issue a certificate
of occupancy for any building or use thereof or of land existing at
the time of the adoption of this chapter, certifying such use and
whether or not the same and the building conform to the provisions
of this chapter.
H. A record of all certificates of occupancy shall be kept in the office
of the Building Inspector, and copies shall be furnished on request
to any agency of the Town or to any persons having an interest in
the building or land affected.
Section [ 100-145] 100- 285. Penalties for offenses.
A. For each offense against any of the provisions of this chapter or any
regulations made pursuant thereto or for failure to comply with a
written notice or order of any Building Inspector within the time
fixed for compliance therewith, the owner, occupant, builder,
architect, contractor or their agents or any other person who
commits, takes part or assists in the commission of any such offense
or who shall fail to comply with a written order or notice of any
Building Inspector shall, upon a first conviction thereof, be guilty
of a violation punishable by a fine of not exceeding five hundred
dollars ($500.) or by imprisonment for a period not to exceed fifteen
(15) days, or both. Each day on which such violation shall occur
shall constitute a separate, additional offense. For a second and
subsequent conviction within eighteen (18) months thereafter, such
person shall be guilty of a violation punishable by a fine not exceeding
one thousand five hundred dollars ($1,500.) or by imprisonment for
a period not to exceed fifteen (15) days, or by both such fine and
imprisonment.
Section [ 100-147] 100-286. Remedies.
In case any building or structure is erected, constructed, reconstructed,
altered, repaired, converted or maintained, or any building, structure
or land is used, in violation of this chapter or of any regulations made
pursuant thereto, in addition to other remedies provided by law, any
appropriate action or proceeding, whether by legal process or otherwise,
may be instituted or taken to prevent such unlawful erection, construction,
reconstruction, alteration, repair,conversion, maintenance or use, or to
restrain, correct or abate such violation, or to prevent the occupancy of
said building, structure or land, or to prevent any illegal act, conduct,
business or use in or about such premises.
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Or
31. Article XV, is renumbered Article XXIX and Sections 100-150, 100-151 and
100-152 thereof are renumbered 100-290, 100-291 and 100-292 respectively.
32. Article XVI of Chapter 100, as added by Local Law No. 14, 1985, entitled
"A Local Law to provide for a Moratorium in certain use Districts" is hereby
repealed.
33. Said Chapter 100 is hereby amended by adding a new Article thereto to be
Article XXX to provide as follows:
ARTICLE XXX
Severability
Section 100-300. Severability.
Should any section or provision of this chapter be decided by the courts
to be unconstitutional or invalid, such decision shall not affect the validity
o the chapter as a whole or any part thereof other than the part so decided
to be unconstitutional or invalid.
34. This Local Law shall take effect upon its filing with the Secretary of State.
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