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Home My WebLink AboutLL-1989 #01.~ ~ ~ --~2/24/89 ~ ~ 1 &2 Local Law(s) No. Year i989 Municipality To~,m of Southold Please be advised that the above-referenced material was received and filed by ~this office on 2 / 16/89 ~. Additional forms for filing local laws with this office Will be forwarded upon request. MAR 1989 NYS Department of State Bureau of State Records NYS Department of State Bureau of State Records 162 Washington Avenue Albany, NY 12231-0001 Office of the Town Clerk Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 Attention: Judith Terry (Please Use this Form for Filing your Local Law with the Secretary o! State) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. EtI~ of $OUTHOLD Town ......................................................... Local Law No ......... ! ............... of the year 19~9. ....... Alocallaw to amend the Southold Town Zonincl Code and the Zoning Map incorporated therein, to implement in _, .qn;{r'-ti:".le) _ · wine or m parT, the recommendations of the Master Plan Update prepared by the Planning Board" Be it enacted by the ..... T.o.w.p..B. 9.a.r.d. ........... of the (Name of Legislative Body) ~Town of ...... $outhold as follows: BE IT ENACTED by the Town Board of the Town of Southold as follows: Chapter 100 of the Code of the Town of Southold Zohi~g) is hereb~ amended as follows: Article 1, Section 100-10 (Purposes), subdivzsions E and G are amended to read as follows: '.. E. The maximum protection of residential and historic areas. '-' G. The enhancemen5 of the appearance of the Town of Southold as a whole particularly its open and rural environment. Article 1, 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 wa~er supply and surface waters, L. The protection and enhancemenn of the coastal environment. Article 1, Section 100-11 (Conflicts) is amended by amending the title of such section, and adding thereto a new subdivision, to be subdivision C~ all ~o read as follows: Section 100-11. Interpretation and Conflicts· In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promosion of the public health, safety, and welfare. Except where specifically provided to the contrary, it is not intended by this local law to repeal, abrogate, annul or in any way ~o impair or interfere with any rules~ regulations or permits previously adopted or issued or whici] shall be adopted or issued pursuant to law relating to the use ~f buildings~[ structures, shelters or premises; nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenanvs or other agreements between parties. (If additional space is needed, please attachsheets of the same size as this an~l numoer eacm (1) Article 1, Section 100-13, subdivision B, (Definitions and usages) is amended by amending and/or adding the following terms: Definitions and Usages. Unless otherwise expressly stated, ~he following terms shall, for the purpose of this chapter, have the meaning as herein defined. Any word or term not noted below shall be used with a meaning as defined in WebsLer's Third New Insernational 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 qne-family dwelling pursuant to Section 100-31B(14). ACCESSORY BUILDING OR STRUCTURE - A building or structure detached from a principal building located on the same lot as, and customarily incidental and subordinate to, the principal building. ACCESSORY USE - A use customarily incidental and subordinate to, the main use on a lot, whether such "accessory use" is conducted in a principal or accessory building. ADDITION - A structure added to the original structure at some time after the completion of ~he original. AGRICULTURE - The production, keeping or maintenance, for sale, lease or personal use, of plants and animals useful to man, including but not limited to: forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep~ swine, horses, ponies, mules, or goats, or any mutation of hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals, ~ fruits of all kinds, including grapes, 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 purchaser or other person authorized in writing to act for the landowner in submitting an application under this chapter. APPLICATION FOR DEVELOPMENT The application form and all accompanying documents and exhibits required of an applicant by an approving authority for development and/or,,_ site plan review purposes. AUTOMOBILE SALES LOT OR BUILDING - A lot or building used for the sale or hire of 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 serv].ng 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 5o the principal use of the dwelling. BERM - A structure composed primarily of earth intended for privacy, security, enclosure~ visual screening or noise abatement. BLOCK An area bounded by one or more streets or a municipal boundary and of sufficient size to accommodate a lot or lots of minimum size required by this chapter. BOARD OF APPEALS - The Zoning Board of Appeals of the '' Town of $outhold. BUILDABLE AREA - The area of a lot remaining after the minimum yard and open space requirements, of this chapter have been me%. 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 preventing use of such land for construction of buildings or · development. 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 of persons, animals, proper~y, or other materials. Also any combination of materials forming any construction, except where entirely underground so as to permit the use of the ground above same as if no "building" was present; the term "building" shall include the term "structure" as well as the following: ( 1 ) Signs. (2) Fences. (3) Walls. (4) Radio and television receiving and transmitting towers and antennae, except for such antennae installed on the roof of a building and extending not more than 20 feet above the highest level of the roof of such building. (5) Porches, outdoor bins and other similar structures. BUILDING 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 a building and/or land, and certifying that the structure and/or use of land and/or structures is in compliance with all state and local codes, regulations and requirements. CLUSTER See Residential Cluster. CLUB, BEACH A not-for-profit corporation, as defined in Section 102 of the Not-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 wa~er skiing on inland waterways or similar hazardous spor~s. 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 the 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. The activities of such a club shall be limited to its members and their guests and shall not be extended to the general public. CLUB, YACHT - A not-for-profit corporation, as defined by Sect]o~ .102 of the Not-For-Profit Corporation Law of the State ~f New York, established for the prinicpal purpose of engaging in recreanional boating. The activities of such a yacht club shall be limited to its members and their guests and shall no~ be extended to (;he general public. The term "yacht club" shall be deemed to include the term ,"marina" but shall not be deemed to include the term "boatyard" excep~ for the out-of-water storage of member boats. ACCESSORY BUILDING OR STRUCTURE A building or structure detached from a principal building located on the same lot as, and customarily incidental and subordinate to, the principal building. ACCESSORY USE - A use customarily incidental and subordinate to, the main use on a lot, whether such "accessory use" is conducted in a principal or accessory building. ADDITION A structure added to the original structure at some time after the completion of the original. AGRICULTURE The production, keeping or maintenance, for sale, lease or personal use, of plants and animals useful to man, including but not limited to: forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats, or any mutation of hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals~ fruits of all kinds~ including grapes, 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 purchaser or other person authorized in writing to act for the landowner in submitting an application under this chapter. APPLICATION FOR DEVELOPMENT - The application form and alt ~ accompanying documents and exhibits required of an applicant by an approving authority for development and/or~li site plan review purposes. AUTOMOBILE SALES LOT OR BUILDING - A lot or building used for the sale or hire of 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 i.n 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 privacy, security, enclosure, visual screening or noise abatement. BLOCK An area bounded by one or more streets or a municipal boundary and of sufficient size to accommodate a lot or lots of minimum size required by this chapter. BOARD OF APPEALS - The Zoning Board of Appeals of the Town of Southold. BUILDABLE AREA - The area of a lot remaining after the minimum y~d and open space requirements of this chapter have been met. BUILDABLE LAND - The ne~ area of a lot or parcel after deducting wetlands, streams~ ponds, slopes over 15 percent, underwater land, easements or other restrictions preventing use of such land for construction of buildings or development. 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 of persons, animals, property, or other materials. Also any combination of materials forming any construction, except where entirely underground, so as go 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) Wails. (4) Radio and television receiving and transmitting towers and antennae, excep~ 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 a building and/or land, and certifying that the structure and/or use of land and/or structures is in compliance with all state and local codes, regulations and requirements. CLUSTER - See Residential Cluster. CLUB, BEACH - A not-for-profit corporation, as defined in Section 102 of the Not-For-Profit Corporation Law of the State of New York, located contiguous ~o 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 the State of New York~ established for the principal purpose of engaging mn outdoor spor~s, such as golf, tennis, swimming~ fishing, hunting or similar activities~ but no~ including any form of aviation, outdoor trap, skeet or target shooting or motorboat racing. The activities of such a club shall be limited to its members and their gues[s 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 '~f New York, established fop the prinicpal purpose of engaging in recreational boating. The activities of such a yacht club shall be limited to its members and their guests and shai1 not be extended to the general public. The term 'yacht club" shall be deemed to include the ~erm "marina" but shall nog be deemed to include the ~epm "boatyard" excep~ for the out-of-wa~er storage of member boats. - 3 - 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 them to occupy a particular dwelling unit therein, regardless of whether, and in what manner, the duelling units are managed, leased, or otherwise 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 fee or lesser interest in property to public use, which precludes 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 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 including other cooking, canning, freezing, smoking or other "fish factory" operations. FLOOD HAZARD AREA Land in the flood plain subjec~ to a one percent or greater chance of flood in any given year. FLOOD PLAIN The relatively flat area of iow lands adjoining the channel of a river, stream, watercourse, canal, or.any body of standing wager, which has been or may be covered by flood water. FLOOR AREA - The sum of the gross horizontal areas of all floors of the building or buildings on a lot, having a clear height of not less than six feet measured from the exterior walls or from the center line of party walls separating two buldings, 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 foog area of the room. Usable floor area shall include all spaces not otherwise excluded above, such as : principal rooms, utility rooms, bathrooms, all closegs and hallways opening directly into any rooms within the dwelling unit. FRONTAGE - The width of a lot at the streev line. GARAGE, PRIVATE - A building used as an accessory to the main building for the sgorage 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 ghe storage of not exceedin% 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 resgoration of mogor 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 sale 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 nog a repair garage nor a body shop. GREENHOUSE - A strucvure for growing plants. GROUND FLOOR - The firsg floor of a building other than a cellar or basement. GUEST UNIT - A bedroom-sleeping accommodation for transient guests, which may or may nov include bathroom facilities and shall be occupied by no more than two adult persons - and be at least 80 square fee~ in area. HEIGItT OF BUILDING - The vertical distance measured from the average elevation of the existing natural grade before any alteration or fill adjacent to the building go the highest point of the roof for flag and mansard roofs, and go the mean height 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 zn a residential developmeng in which individual owners have a shared interesv in the responsibility for open space or ~acilities. IIOTEL 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 go be available for use as sleeping quarters for transients on a daily rental basis or for vacationers or other persons on a weekly rental basis, provided tha~- one such unit may connec~ directly with not more than one - 5 - 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 or personal service facility~ provided that such facility or shop is located within the building without any external sign or display and off-street parking facilities. The term "resort motel" shall not be construed to include "transient motel" or "mobile 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 that no cooking facilities shall be available. Each such unit shall have a door opening on the exterior of the building or a common hallway leading to the exterior. A "transient~hotel or motel" may include such accessory uses as an office, restaurant, 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 "resor~ motel" or "mobile home 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 oldwood:~paper, cloth or me~al, 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 of any residential lot of three or more unregistered automobiles or trucks no~ housed within a building shall be deemed ~o be a junkyard. Public sanitary landfills and the structures located thereon shall not be included in this definition. LANDMARK DESIGNATION The designation of a building or structure of architectural or historic significance to the Town through listing the property in the Town's Register of Designated Landmarks and filing a copy of the entry in the Town Clerk's office. LANDSCAPING - An area of land restricted to landscape items which may also include such elements as natural features, earth berms, sculpture, signs, lighting, access-ways, bikeways and pedestrian-ways. LIGi1T INDUSTRY An activity which involves the fabrication, reshaping, reworking~ assembly or combining of products from previously prepared materials and which does not involve the synthesis of chemical or chemical products et;her than for pharmaceutical or research purposes or the processing of any raw materials~ excep~ agricultural raw materi~&s. Light industry includes industrial operat;ions such as electronic, machine par~s and small component assembly, as opposed to heavy industrial operations such as automobile assembly or milling act:ivitJes. - 6 - l LOADING BERTH - A space at least 15 feet wSde and 45 Feet long, having a minimum 14 floot vertical clearance flor loading and unloading vehicles. No such space required by this chapter or depicted on any site plan shall 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-of-way; also referred to as "street line". LOT LINE, SIDE - Any lot line other than a front or rear lot Iine. 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 of the lot. LOWER AND MODERATE COST HOUSING - Housing which is constructed and kept available for families or indiviudals with iow or moderate income, including senior citizens, as defined by the Town Board. MASTER PLAN - A plan flor the connrolled development of all or portions of the Town of Southold, the protection of- environmentally sensitive areas, the enhancemen~ of fishing and shellfishing, healthy recreation areas and flaciligies, the protection of the underground wa~er supply; the plan to be prepared 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 par5 of such plan separately adopted and any amendment to such plan or parts therein. MEAN HIGil WATER (MHW) - Average height of high wa~ers 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 legally existing on the effective date of this chapter o~ any applicable amendment thereto, but which fails by reason of such adoption~ revision or amendment to confirm to the presen~ district regulations flor' 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, dwelling units per building~ number of parking and loading spaces, etc. but which is continuously maintained after the effective date of these regulations. NONCONFORi4~NG LOT A lot the area, or, dimension of which was lawflul prior 5o the adoption, revision or amendmen~ of this chapter, but which fails ~o conform ¢o t;he requirements of the zoning district in which it ~.s located by reason of such adoption, revision or amendment. NONCONFORMING USE - A use whether of a building, sign or tract of land, or combination of these, legally existing on the effective date of this chapter, which does not conform to the present use regulations of the district in which it is located, but which iscontinuously maintained after the effective date of these regulations. NURSERY SCHOOL - A building or buildings together with any accessory uses, buildings or structures, used as an organized instructional facility for five or more enrolled children under six years of age other than the children of the resident family, and not furnishing sleeping facilities except to the resident family. OFF-STREET PARKING SPACE - A space for the parking of one motor vehicle within a public or private parking area, but no~ 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 with only 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 keeping~ in an unroofed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than twenty-four hours. OWNER - The term shall be construed to include the duly authorized agent, attorney, purchaser, devisee, fiduciary 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 individual. 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 designed, 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,'dentisgs, doctors, lawyers, ministers, musicSans, opcometrists, engineers, and such other similar profession or occupations which may be so designated by the Board of Appeals. RECREATIONAL FACILITY, COMMERCIAL - An indoor or outdoor privately-operated business involving playing fields, courts, arenas, or halls designed to accommodate sport~- and ,ecreational activities such as billiards, bowling~ - dance halls, gymnasiums, health spas, skating rinks, shooting ranges, tennis courts and swimming pools. 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 outdoor~ 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 sale of foods, 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 carryous~ for consumption off the premises. RETAIL STORE An enclosed s~ructure where goods are offered for sale to the public as take-out items, including hardware, drugs, food and beverage, £urnishings, apparel and similar products. Minor repair services within the establishment may be undertaken as part of product sales. RIGtIT-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 cequirements shall be measured. ROADSIDE FARM STAND, AGRICULTURAl STAND - A booth, stall or display area exceeding fifty (50) square feet iJn area located on a farm from which agricultural 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 ar'ca. SETBACK - An area extending the full width of the lot described or a distance between the street right-of-way and building for the full required front yard depth wit, hin which no buildings or parts of buildings may be erected. '~. 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 plains, marshes and waterways, (2) the location of all existing and 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 if specified conditions are mes. SWIMMING POOL - A structure containing an artificial body of water, which is grea%er than six feet long or wide, and greater than 18 inches in depth a5 any point. Natural or man-made ponds all banks of which have a slope of less than 45 degrees shall no~ be 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 par~y 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 so as to permit cooking. The ~erm "trailer" shall include such vehicles if mounted on temporary or permanent foundations with the wheels removed and shall include the terms "automobile trailer" and "house car". USE - The purpose for which land or a structure is arranged~ designed, or intended, dr for which either land or a structure is or may be used, occupied or maintained. YARD LINE - A line drawn parallel to a s~ree5 or lot line at a distance t~erefrom 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 )IAP- The map annexed ~o and made part of this chapter,, indicating zone boundaries. - 10 - Article II~ 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 hereby divided into districts designated as follows: A-C R-80 R-40 R-120 R-200 R-400 HD AHD RR - Agricultural-Conservation District (%%vo acre minimum) - Residential Low Density District (Two acre mininmun) - Residential Low Density DistricL ,(One-acre minimum) - Residential Low Density District (Three-acre minimum) - Residential Low Density District (Five acre minimum) Residential Low Density District (Ten acre minimum) Hamlet Density Residential District Affordable Housing District Resort Residential District RO Residential Office District HB LB B Hamlet Business District Limited Business District General Business.Distr~ct MI blII - Marine I District - Marine II District LIO LI - Light Industrial Park/Office Park District - Light Indusvrial District Article II, Section 100-21 (Zoning Map) is amended to read as follows: Section 100-21. Zoning Map. The boundarmes of the said districts are hereby established as shown on the Zoning Map dated January 10, 1989, which accompanies this chapter and which, with all explanatory matter thereon, is hereby adopted and made a par5 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. Article II, Section 100-23 (Effect of Establishment of district), subdivision E'~s amended to read as follows: Any use no~ 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 Lo be not an exhaustiYe list~ but to have been included for the purposes of clarity and emphasis. 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~ricultural-ConservatJon A-C District Low Density Residential R-80, R-120~ R-200, R-400 Districtg Secbion 100-30 Purpose. The p~,'po~e of the Agricultural-Conservation (A-C) District' and thc Low'Densivy R-S0. R-120. R-Z00 and R-400 Districts is 'to reasonably control, a~:~ 5o 'the exr, ent possible ppevent,~ - 11 - 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 of the Town's economy and those areas with sensitive environmental features including aquifer recharge areas and bluffs. In addition these areas provide the open rural environment so highly valued bM year-round residents and those persons who support the Town.of Southold's recreation, resort and second home economy. The economic, social and aesthetic benefits which can be obtained by all citizens by limiting loss of such areas are well documented, and have 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 50 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, ~hile honoring the legitimate interests of farmers and other farmland owners. Section 100-31. Use Regulations In an A-C District, no building or premises shall be used, and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. (1.) One- family detached dwellings, not to exceed one dwellling on each lot. (2.) 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-producting substance or use, except spraying and dusting to pro~ect 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 ~o the following special requirements: Ail buildings for display and retail sales of agricultural and nursery products grown on the premises shall not exceed-l~000 square feet in floor area or one story in height. Display of produce, a~ a roadside farm stand shall be not less than 10 feet from all street and lot lines. Any roadside farm stand in excess of 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. (i) (2) All signs shall conform r,o the provisions of Section 100-31C(9). Off-street parking as required by th~ 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 mum~, within on~ (1) year from such date, comply with the provisions hereof. (3) 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. Uses permitted by special exception by the Board of Appeals. The followmng uses are permitted as a special exception by the Board of Appeals, as hereinafter- provided, and, except for the uses set forth in subdivision (15) hereof, are subject to site plan approval by the Planning Board. (1.) Two-family dwellings not to exceed one such dwelling on each lot. (2.) Places of worship~ including parish houses (but excluding a rectory of 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 (20%) 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 ($0) 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 ~eaning 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 with the building is designed. (4.) Nursery schools. (5-) Ph%lanthropic, eleemosynary or religious insLitutions, hospitals, nursing and rest homes or sanitaria for general medical care, but excluding Facilities for the treatment of all 5ypes of drug addiction, subject to the following requirements. (a) No building or part thereof or any parking or loading area shall be located within one hun~ed (100) feet of any streen line nor within fifty (~0) feet of a~ lot line. 13 (6.) (7.) (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 (2½) stories. (d) The entire lot, except areas occupied by buildings or parking or loading areas, shall be suitably landscaped and properly maintained. ('e) Sufficient exterior illumination of the site shall be required to provide convenience and safety. Ail such illuminatio~ shall be shielded from the view of all Surrounding streets and lots (f) Any nursing home, hospital or sanitarium shall meet the following standards: (i) Ail buildings shall be of fire-resistive construction. (ii) All such uses shall be served by adequate water and sewer systems approved by the Suffolk County Department of Health. (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. (iv) Eight Thousand (8,000) square feet of lot area shall be provided for each patient bed. Eublic utility rights-of-way as well as structures and other installations necessary to serve areas within the Town, subjec~ 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 consvructed. Beach clubs, tennis clubs, counvry clubs, golf clubs, public golf courses and annual membership clubs catering_exclusively to members and their guests, and acc'&ssory playgrounds, beaches, swimming pools, tennis courts, recreational buildings, and maintenance buildings, subjec~ 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%) 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. (8.) (9.) (lO.) (11.) (12. (1S. (14. (e) The direct source of all exterior lighting shall be shielded from the view of surrounding residential lots. Children's recreation camps organized primarily for seasonal use and subject to the following requirements: (a) No building, tent, activity area or recreational facility shall be less than two (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) Ail outdoor lighting shall be arranged and/or shielded to eliminate the glare of lights toward nearby residential lots, streets or other public facilities. (d) The sound level of all outdoor public-address systems shall not exceed the intensity tolerable · n a residential neighborhood. _ Farm labor camps, subject to the following requmrements: (a) Ail 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. Veterinarian offices and animal hospitals, subject to the following requirements: (a) The housing of all animals shall be in a fully enclosed strmcture, if nearer than one hundred fifty (150) feet to any lot line. Cemeteries. Stables and riding academies. Wineries for the production and retail sale of wine produced from grapes grown on the ~ineyards on which such winery is located. One accessory apartment_in an existing one-family dwelling, subject to the following requirements: a) The accessory apartment shall be located i~ the principal building. bl The owner of the existSng dwelling shall occupy one of the dwelling units as the ownep~s -. principal residence. The othep dwelling unit shall be leased-.:for year-round occupancy, evidenced by a written lease for a term of one or more years. 15 - (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 fee~ of liveable floor area. (e) The accessory apartment shall not exceed forty (40%) 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) Ail 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) Ail conversions subject to inspection of Building Inspector and Renewal of Certifica~ 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 50 January 1, 1984. (n) The existin~building, together with the accessory apartment, shall comply with all other requirements of Chapver 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 sysvems. The renting of not more than three (3) rooms ~n-an owner occupied dwelling for lodging and serving of breakfast to no~ more than six (6) casual and transient roomers, provided the renting of such rooms for such purpose is clearly incidental and subordinate ~o the principal use of the dwelling, subject to the ffol%~:wJ, ng 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. Accessory uses, limited to the following uses and subject to the conditions listed in Section 100-33 herein. (1) Any customary structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter. (2) Home 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 twenty-five (25~) percent of the area of all floors of the maxn building and in no even% shall such use occupy more than five hundred (500) square feet of floor area. (d) There shall be no exterior effect ay 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 appearance of the building be altered nor shall the occupation within the residence be conducted in a manner that would cause the premises to lose its residential character, either by the use of colors, materials, construction or lighting. No display of products shall be visible from the street, and no stock in trade shall be kep~ on the premises. Home occupations shall in no even* be deemed to include: animal hospitals, kennels, barber shops, beauty parlors, clinics~ or hospitals, mortuaries, nursery schools, clubs, auto repair shops, restaurants, tourist homes, rooming houses or boarding houses, and uses similar ~o those listed above. (3) 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 ogh~ than those owned and used by the owner of the premises for his personal use. {b) The Town Trustees shall approve new boaL do~king facilities. (c) Boats at such docking facilities shall not be used -. for overnight sleeping purposes. (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 ground, then a fence is not required~ provided that all points of access to said pool are adquately protected by a self-closing~ self-latching gave. 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 lot containing a single- family detached dwelling provided that the same is set back not less than six (6) feet from all lot lines, and that there is no lighting for after dark use. (5 (6 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. Off-street parking spaces accessory to uses on the premises. Not more than four (4) off-street parking spaces shall be permitted within the minimum front yard. (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 ms 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~trai, ler shall be stored only i.n the required rear yard, and the area occupied therefor, together with the area of all buildings in the rear yard, shall not exceed forty (40%) percent of the area of the required year yard. (c) Such boat or trailer shall not be located within fifteen (15) feet of any street or lot line. (8) HOrses and Domestic animals other than household pets, provided that such shall not be honged within forty (40 feet of any lot iine. Housing for flocks of more than 5wen%y-fJve (2~) fowl shall not be constructed within fifty (~0) Feet of any line. (9) The following signs, subject to the supplementary sign regulations hereinafter sev forth in Article XX: (a) Not more than two (2) non-illuminated nameplates .. 0r professional signs each n6t more than two (2) squame feet in -:&rea. (b') Not more than two (2) signs with a combined total area of not more than forty-eight (48) square feet, no one (1) of which shall be larger than twenty-four (24) square feet in size, advertising only the sale of farm, garden or nursery products grown on the premises or of animals raised on the premises. (c/ One (1) real estate sign, either single or double-faced, not larger than twelve (12) square feet in size on any one (i) or more lots~ advertising the sale or lease of only the premises on which it is maintained, and set back not less than 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- four (24) square feet in size. (d) One (1) bulletin board or other announcement or identification sign for uses permitted in Section 100-31B(3),(4), (5), (6), (8) and (9) of the Agricultural District, not more than eighteen (18} square feet in area, located not less than fifteen (15) feet from any street or lot line. (e) Such other signs as may be authorized as a special exception by the Board of Appeals as hereinafter provided. (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 ~o the following requirements. (a) Not more than one such sale shall be conducted on any lot in any one calendar year. (b) Adequate supervised parking facilities shall be provided. (c) No signs, excep~ one one-premises si_gm not larger than six (6) square feet in size displayed for a period of not longer than one week immediately prior to the day of such sale, shall be permitted. (d) A permit is obtained therefor from the Building Inspector upon the payment of a fee of $15. 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 Agricultural- Conservation District and in the Low Density Residential R-80 District unless the same conforms to the Bulk Schedule and Parking Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein in full, as well as the following Bulk and Parking requirements, to wit: In the ca'se of a lot held in single and separate ownership prior to November 2~, 19~1. 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 vii of the Bulk Schedule and the Parking Schedule incorporated in this chapter are complied with. - 19 - The bulk and parking requirements for single-family dwellings as set forth in Column ii of the Bulk Schedule and the Parking Schedule incorporated into this chapter shall apply to the following lots, co wit: (i) Ail lots shown on major and minor subdivision maps which were granted final approval by the Planning Board prior co May 20, 1983. (2) All lots shown on ma3or subdivison 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 Co May 20, 1983. (4) All lots set off or created by approval of the Planning Board subsequent to November 23, 1971, and prior to May 20, 1983. Do The bulk and parking requirements for single family dwellings set forth in Columns i and iii of the Bulk Schedule and Parking Schedule incorporated into this chapter shall apply to the following lots, to win: (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) Ail lots shown on major subdivision maps upon which the Planning Board has held a hearing for preliminary map approval on or after May 20, 1983. (3) Ail lots set off or created by approval of the Planning Board on or after May 20, 1983. The bulk and parking requirements for two-family dwellings set forth in Column xii of the Bulk Schedule and Parking Schedule incorporated into this chapter shall apply to the following lots, to wit: (1) All lots shown on minor subdivision maps which have been granted sketch plan approval by the Planning Board on or afser 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 )iay 20, 1983. (3) All lots set of~ or created by approval of the Planning Board on or after May 20, 1983 Section 100-33. Accessory buildings. In the Agricultural-Conservation District' and Lo%~ 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 year yard, subject to the following requirements: A. Such buildings shall not exceed eighteen (18) fleet in height. B. Such buildings shall be se5 back no less than three (3) feet from any lot line. C. All such buildings in the aggregate shall occupy not more than forty (40%) percent of tile area of the -. required rear yard. 2O o Chapter 100 is amended by adding a new Article thereto, to be Article III-A, to provide as Follows: ARTICLE - 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 developmen~ where existing neighborhood characteristics, water supply and environmental conditions permit full development densities of approximately one dwelling per acre and where open space and agricultural preservation are not predominate objectives. Section 100-3lA. Use regulations. In an R-40 Di_strics, 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) Same as Section 100-$1A of the Agricultural- Conservation District. 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 subjec5 5o site plan approval by the Planning Board. (1) Same as Section lO0-31B of the Agricultural- ConservationDistric% except (8) children's recreation camp, (9) farm labor camp and (10) veterinarian office and animal hospital not permitted, and bed and breakfas~ uses do not require site plan approval. (2) Librapies, museums or apt 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 par~ thereof shall be erected or altered in the Low Density Residential R-40 District unless the same conforms ~o the requirements of the Bulk Schedule and of the Parking Schedule, with the same force and effect as if such regulations were se~ forth herein in full. SectSon 100-33A. Accessory buildings. Accessory buildings shall be subject bo the same requirements as Section 100-33 of tho Agricultural-Conservation District. - 21 - 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, Cutchogue, Southold, Orient and the Village of Greenport. Section 100-41. Applicability. The Hamlet Densisy (HD) R~sidential 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, Cutchogue 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. Bo 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 subjecL ~o site plan approval by the Planning Board: (t) ~.lultiple dwellings, townhouse, row or attached house. (2) Accessory apartments in single-family residence as sev forth ~ 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 plan approval. C. Accessory uses~ limited to the following: (1) Accessory uses as se5 forth in and regulated by Section 100-31C (1) through (7) and (10) of Agricultural-Conservation Dissrict, and subjec5 to ~onditions set forth in Section 100-33 thereof. (2) Freestanding or ground signs, subjecv to the following requirements: One (1) sign either single or double-faced, nov more than eighteen (18) square feet in area~ and the upper edge of which shall not project more than five (5) feet above the ground unless attached ye a fence or wall. Such sign shall only indicate the name-~f the premises. Such sign shall be set back nov less than fifteen (15) feet from all street and lot lines. ~uch sign shall comply with all of the supplementary sign regulations set forth in Article XX. (3) Accessory'buildings, structures and other required facilities and equipment necessary to provide community sewers, water, heat, utilities and other community services to'ali buildings and structures on the premises, provided, however, that the plans for and the location of the same shall be approved by the Planning Board. Section 100-43. 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 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. 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 development of high density housing for families' of moderate income. Section 100-. 51 Definlfions. 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 curren't 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 re_served for rent or sale to a moderate income family and for which the maximum monthly rent (excluding utilities) or the max[mum 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/o~ public sewer service to the lot, does not exceed the maximum sales price set forth in Section 100- 56E hereof. PERMANENT FIXED IMPROVEMEN'I;- - 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: Be Land within a one-half. J½) mile radius of the post offices located in the hamlets of Mattituck', Cutchogue, Peconic and Southold. Land within one-quarter (¼) mile radius of the post offices located in the hamlets of East Marion and Orient. C. Land within one-quarter (¼) mile of the boundaries' of the Incorporated Village of Greenport. 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-' $3. Use Re_~l_ulations.. In the AHD District, no building or premises shall be used, and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part,-for any use except ~the following: A. Permitted uses. 1. One-family detached' dwelling 2. Two-family c;wellin 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 & Parki~_,q Require_me_~n_ts.; 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 & PARKING SCHEDULE Minimum Requirements Total lot area (sq. ft.) Lot Width (ft.) Lot Depth (ft.) Front Yard (ft.) One side yard (ft.) Both side yards (ft.) Rear yard (ft.) Livable floor area (sq.ft, per dwg) Off-street parking spaces (per dwg) Land area (sq.ft.) per dwg. unit Maximum Permitted Dimensions Lot coverage (percent) Building height Number of stories Single Family Two-Family Multiple Dwellings Dwellinqs Dwellings 10,000 20,000 40,000 80 100 150 100 140 200 35 35 45 '~'15 15 20 25 30 40 35 35 45 850 600 600 2 2 2 10,000 10.000 10,000 20 25 25 35 35 35 2½ 2½ 2½ -25- Section 100-55. Al~l~licaUon 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: (2) 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 p~an by the Town Board; and Approval of a final, detailed site plan, and subdivision plat approval, if required, by the Planning Board. B. ^pplication 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: (2) (3) (4) (s) 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 s. ervices with respect to the project described in the application. if the applicant is not the owner of ~the property, written authorization of the owner or Owners authorizing the applicant to submit the application on behalf of the owner or owners. 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 ~pon the application. 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. 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. -2S- to) 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 0f 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 applicatipo for the establishment of the AHD District, with or without - modifidations, or disapproval of said application. In the event that the Planning Board recommends disapproval of said application, it shall state' in its' report the reasons for such disapproval. In preparing its report and 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, beth 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. -27- I=. 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) Al~proval 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 C2) 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~_M, ap 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. (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. 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 dwellinq units and/or unimproved lots located therein shall be reserved for s~ale 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: [al (bi Not less than ten (10%) percent of the dwelling units shall be reserved for lease to moderate income families. Not less than ten (10~)° 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 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. of 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. (bi Attached dwelling unit - $60,0d0. -29- (2) (c) Single-family detached dwelling unit - $75,000. 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) Tl~e 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 Unin~proved Lots. 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 modera[e 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 deter,mjnation of the maximur~ resale price, the proposed resale price, and so'ch 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 -30- (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) (2) 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; 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 and/or covenants relating thereto; (2) Whenever the Planning Board approves a subdivision plat and/or a site plan affecting land within an AHD District, a copy thereof shall be filed with the Building Inspector and the Director, together with copies of any agreements and/or covenants relating thereto. (3) Whenever the Building Inspector shall issue a building permit, a certificate of occupancy, or any other permit or authorization affecting dwelling units and/or unimproved lots' located in an AHD District and reserved for sale or. lease to moderate income families, a copy thereof shall be filed with the Director. C. Procedure. (1) Whenever the Building Inspector receives an application for a certificate of occupancy for a dwelling unit or unimproved lot located in an AND 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 e_ligibility 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 §hakl certify the eligibility of all applicants for lease or purchase of dw&lling 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. ' 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. 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 modera~ 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. Ail 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. -32- 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 o~her 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, for any use except the following: A. Permitted uses. (1) Any permitted use set forth in~ and as regulated by Section lO0-31A of the Agricultural-Conservation District. 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 p~cel 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. 5) Bed and breakfast uses as set forth in and as regulated by Section 100-3lB (15). 6) Tourist; camps as regulated by Chapter 88 of the Town Code. ~ - 33 - (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 Agricultural-Conservation District. (2) Signs as regulated by Section 100-31C (9) of the Agricultural-Conservation District, and in 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 with a maximum area of eighteen (18) square feet may be permitted a5 the entrance set back a minimum of fifteen (15) feet from the street line. (3) Sanitary and laundary 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 premise~ shall be used and no building or part thereof shall be erect, or altered in the Residential (RR) District unless the same conforms with the Bulk Schedule and Parking and Loading Schedules incorporated into this chapser by reference, with the same force and effect as if such regulations were set'.'. forth herein in full. 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 denisty 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 (R0) 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 inpar~, for any uses except the following: 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. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, and subject to site plan approval by the Planning Board, provided that not more than one (1) use shall be allowed for each 40~000 square feet of lot are: (1) Special exception uses as set forth in and regulated by Section 100-3lB (1) through (7) of the Agricultural-Conservation District. (2) Professional offices and business offices. (3) Funeral homes. (4) Bed and Breakfas~ uses as set forth in and regulated by Section 100-31B[1) excepn that no site plan approval is required. (5) Libraries, museums or art galleries. C. Accessory uses, limited no the following: (1) Accessory uses as set forth in and regulated by Section 100-31 (1) through (7) of the Agricultural- Conservation District, and subject to the conditions sen forth in Section 100-33 thereof. (2) The followxng 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 feen in area. ' (b) One (1) real estate sign, either single or double-faccd, no~ larger than twelve (].2) -. square feet in size on any one or more lots, '- advertising the sale or lease of only the premises on w~=ich it is maintained, and set back not less than fifteen (15) feet from any lot line; where acreage or a'subdivision has 35 - a continuous frontage of five hundred (500) feet or more, said sign may no~ exceed twenty-four (24) square feet in size. (c) One (1) bulletin board or other announcement or identification sign for uses permitted by Section lO0-31B (3), (4), (5) and (6), not more than eighteen (18) square feet in area, located not less than fifteen (15) feet from any street or lot line. (3) Accessory uses se~ forth in and regulated by Section 100-42C(3) of the Hamlet Denisty 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 chapter, with the same force and effect as if such regulations were set forth herein in full. 36 - 14. Article VIII is repealed and a new Article VIII is added in its place, ~o provide as follows: ARTICLE VIII 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 ghat existing and future uses will not detract from surrounding uses. The additional uses must generate low amounts of traffic and be designed to protect the residential and rural character of the area. 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: Permitted uses. (1) Any permitted use as set forth in and regulated by Section 100-$1A of the Agricultural-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 ko the following: (i) Antique, art and craft shops and galleries. (ii) Custom workshops and machine shops. (J~) Wholesale or retail sale and accessory storage and display of garden materials, and plants, includzng nursery operations, provided that the outdoor storage or display of pla~ts and material does not obstruct pedestrian flow or vehicular traffic and does non occur within three (3) feet of proper~y line. (iv) Libraries or museums. (b) Professional and business offices. (c) Funeral Homes. (d) Restaurants, excepg drive-in restaurants. (e) Personal serve, ce stores and shops, including barber shop, beauty parlor~ professional studios and travel agency. (f) Repair shops for household, business or personal appliances, including cabinet shops, carpenter shops, electrical shops, plumbing shops, furniture repai~ shops and bicycle and motorcycle shops, landscaping and other service business. 37 - (g) Wholesale and warehousing. (h) Retail uses supplemental to the service business establishment. 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 plan approval by the Planning Board. (1) Any special exception use as set forth in and regulated by Section 100-3lB 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 100-31C (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~ single or double-faced, not more than eighteen (18) 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, which sign shall be set back no5 less than fifteen (15) feet from all street and propervy 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. (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 tha~ such sign does not: (i) (ii) Exceed one (1) square foot in total area for each horizontal foot of such wall. Exceed in width one hundred (100%) percent 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 parn thereof shall be erectek or altered in the LB District unless the same conforms with the Bulk Schedule and Parking and Loading Schedules incorporated into this chapver by reference, with the same Force and effect as if such regulations were set forth herein in full. 38 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 an 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 100-3lA (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 scores and shops, including barber shop, beaut~ parlor~ professional studios, and travel age~_cy. (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 shops, electrical shops, plumbing shops, furniture shops and bicycle and motorcycle shops. 14) Custom workshops. 15) Bus or train stations. (16 (17 (18 Theaters or cinemas (other than outdoor). Libraries or museums. Laundromat. - 39 - 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, subject to site plan approval by the Planning Board. (1) Any special exception use set forth in and as regulated by Section 100-3lB (3) to (6) and (15) of the Agricultural-Conservation District. (2) Multiple dwellings and townhouses. (3) Motel and hotel uses as set forth in and regulated by Section 100-6lB (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 first floor of the 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, or common hallway servicing two or three apartments shall have a separate access to the outside of the building, which must be distinct fr~m the access to uses on the first floor. (e) Each apartment shall have ay least one (1) on-site off-street parking space meeting the standards of this chapter, conveniently located for access to the apartment. (f) Only the owner of the building in which it is proposed to locate the apartment(s) may apply for this special permit. The Board of Appeals shall require tha~ such applicant execute such agreements~ contracts, easements, covenants, deed restricts, ohs 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 any proprietary or other interest therein, will not be sold to the ~$~ant or any other party, except as part of a sale of the entire building in which the apartment is located. 40 - (ii) The apartment is made available for year-round rental. (iii) The apartment is properly constructed, maintained and used, and unapproved uses are excluded therefrom. (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. (5) Bed and breakfast enterprises or boarding and/or tourist home as set forth and regulated by Section 100-5lB (3) of the Resorv Residential A District. (6) Fraternal or social instituvional 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) through (7) of the Agricultural- Conservation District, and subject to the conditions set forth in Section 100-33 thereof. (2) Signs as sev forth in Section 100-81C (2) of the Limited Business District. (3) Directional or informational signs, not exceeding two (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 thereof shall be erected or altered in the HB District unless the same conforms with the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set ~prth herein in full. Section 100-93. Uses confined to enclosed buildings. Ail uses permitted in an HB District, including the display and sale of merchandise and the svorage of all property, except living plants, shrubs or trees, shall be confined to fully enclosed buildings on the premises. 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 Buisness (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 major 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 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 lO0-31A (2) and (3) of the Agriculture Conservation District. (2) Any permitted use set forth in and regulated by Section 100-9lA (3) to (18) of the Hamlet Business District. (~ (4 (5 Wholesale businesses, warehouses, and building material storage and sale, but exclmding storage of coal, coke, fuel oil or junk. Building, electrical and plumbing contractors' businesses or yards. Cold storage plants, baking and other food processing and packaging plants that are not offensive, obnoxious, or detrimental vo neighboring uses by reason of dust, smoke, vibration, noise, odor or effluent. (6) Wholesale or Fptail sale and accessory storage and display of gardhn materials, supplies and plants including nursery operations, provided that the outdoor storage or display of plants and material does not obstruct pedestrian flow or vehicular traffic and does not occur within three (3) feet of the property iine. (7) Wholesale/re,ail beverage distribution. (8) Funeral homes. (O) Train or bus stations. (10) Telephone exchanges. 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, subject to site plan approval by the Planning Board. (l) Any special exception use as set forth in and regulated by Section 100-3lB (2)~Do (13) of the 42 Agricultural-Conservation District. (2) Hotel or motel uses as set forth in and regulated by Section 100-6lB (4) of the Resort Residential (RR) District~ except that minimum lot size s~all be one (1) acre. (3) Bed and breakfast enterprises or boarding and/or tourist homes as set forth in and regulated by Section iO0-$1B (15) of the Agricultural- Conservation 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 including, 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, such as locker rooms, eating and drinking facilities~ and retail sale of goods associated with the particular activity. (7 Laundry or dry cleaning plant subject to the following conditions: (8 (9 (10 (11 (12 (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. Fraternal or social instutional office or meeting hall (non-profit). Fast food restaurants, provided thav 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 of the ~ructure and where minimum lot size for a free-standing structure is forty thousand (40,000) square feet. Drinking establishments. Automobile laundry. Public garages, gasoline service stations, new and used motor vehicle lots, vehicle sales and rental, including the sale of recreation vehicles and trailers and boat sales, with accessory repair facilities all subject to the following requirements: (a) Entrance and exit driveways shall have an unrestricted width of not less that, twelve '('12) feeT; and not, more than thirty (30) feet and shall be located not less than ten (10) feet from any property line, and shall be so laid out as ~o avoid the necessity of any vehicle backing -.out across any .~p_ublJ. c right-of-way. (b) Sale of used vehicles or boats shall be conducted only as accessory to the sale of new vehicles or boats. (c) Vehicle lifts or pits, dismantled automobiles, boats and vehicles and all parts or supplies shall be located within a building. (d) Ail service or repair of motor vehicles, other than such minor servicing as change of tires or sale of gasoline or oil, shall be conducted in a building. (e) The s~orage of gasoline or flammable oils in bulk shall be located fully underground and no~ less than than thirty-five (35) feet from any property line other than the street line. (f) No gasoline or Fuel pumps or tanks shall be located less than fifseen (15) Feet from any street or property line. (g) 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. Ail outdoor lighting shall be located at a height of no~ 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 iO0- iO1B (12) herein, and the following additional requirements: (a (b (c 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 attendanv to control and operate both the console regulating the flow of gasoline to the dispensing equipment thereafter to be opera~ed by the customer at the self-service pump islan~4nd the dispensing equipment on the other pump islands. Gasoline shall a~ no time be dispensed without the direc5 supervmsion of the qualified attendan5. A control shall be provided which will shu~ off the flow of gasoline vo the dispensing equipment at the self-service pump island whenever the qualified attendant is absent from the control console for any reason whatever~ includin% when he is operating the dispensing equipmen~ on the other pump islands. The console ~egulating the flow of gasoline vo the remo~e dispensing equipment thereafter opera~ed by the customer a~ the se]f-service pump island shall be situated in such a manner as ~o give the qualified attendant controlling said console an unobstructed view of the operation of said remote dispensmng equipment. (d) The self-service pump island shall have controls on all pumps that will permit said pumps to operate only when a dispensing nozzle is removed from its bracket on the pump and the switch for this pump is manually operated. (e) The self-service pump island shall be protected by an automatic fire protection system in the form of an approved system of dry powder release which will ac5 as an automatic fire extinguisher. (f) No customer shall be permitted to dispense gasoline unless he shall possess a valid motor vehicle 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. Acccessory uses. (1) Accessory uses set forth in and as regulated by Section 100-31C (1) through (8) of the Agricultural- Conservation District, subject to the conditions set forth in Section 100-33 thereof. (2) Wall signs as set forth and regulated insubsection C (2) (b) of the Limited Business District Section 100-8 (3) Free-standing or ground signs. Where the building is set back 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 no~ ex~end more than fifteen (15) feet above the ground shall be permitted, which sign shall be sen 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 qf materials or equipment provided that such storage shall be (1) at leas5 twenty-five (25) feet from any lot lin~ (2) not be more than six (6) feet high, and (3) be suitably screened by a solid fence or other suitable means of at least six (6) 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) 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 regulation were set forth herein in full. - 45 - 17. Article XI is repealed and a new Article XI is added in its place to provide as follows: ARTICLE XI Marine I (MI) District Section 100-110. Purpose To provide a waterfron~ location for a limited 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 wa~ers but which are located within the Town's tidal creeks or natural coves. Section 100-111. Use Regulations. In an MI District, no bulding 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) (2) One (l) One-family detached dwelling per single and separate lot of record in existence as of the date of adoption of this local law. Marinas for the docking, mooring and accommodatio of recreational or commercial boats, including the sale of fuel and oil primarily for the use of boats accommodated in such marinas. (3) (4) (5 (6 (7 Boat docks, slips, piers or wharves for pleasure or fishing trips or for vessels engaged in fishery or shellfishery. Boat yard for building, storing, repairing, renting, selling or servicing boats which may include the following as an accessory use: office for the sale of marine equipment or products, dockside facilities for dispensing of fuel and where pumpout s%ations are provided, restroom and laundry facilities to serve overnight patrons. Boat and marine engine repair and sales and display, yacht broker, marine insurance broker. Buildings, structures and uses owned or operated by the Town of Southold, School Districts, Park Districts and Fire Districts. Retail sale or rental of fishing, diving, bathing supplies and equipment if accessory to marina or boat yard of ships loft or chandlery. 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 hereinafte provided, subject to site plan approval by the Plannin Board. (1) Beach Club~ yacht club or boat club including uses accessory to them such as swimming poolsa, bennis courr, s and racquetball facilities. (2) Mariculture or aquaculture operations or research and development. - 46 - C. Accessory uses, limited to the following: Accessory uses as set forth in and regulated by Section 100-31C (1) through (7) of the Agricultural- Conservation District, and subject ~o the conditions of Section 100-33 thereof. (2) Signs, as set forth in and regulated by Section 100-81C (2) of Limited Business District. Section 100-112. Bulk, area and parking requiremen%s. No building shall be used and no building or par~ thereof shall be erected or altered in the MI 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 if such regulations were set forth herein in full. 47 - 17A. Article XII (Board of Appeals) is renumbered Article XXVII and a new Article XII is added in its place, to provide as follows: Marine II (MII) District Section 100-120. Purpose. To provide a waterfront location for a wide 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 ridal waters and which in general are located on major waterways, open bayfronts or the Long Island Sound. Section 100-121. Use Regulations. In an MII 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, (one use per eighty-thousand (80~000) square feet of land above mean high water, unless otherwise specified): A. Permitted uses. (i) (2 One (1) family detached dwelling per single and separate lot of record in existence as of the date of adoption of this local law. Marinas for the docking, mooring and accommodation of recreational or commencial boats, including the sale of fuel and oil primarily for the use of boats accommodated in such marina. (3 (4 (5) (6) (7) (8~ (9) Boat docks, slips, piers or wharves for charter boats carrying passengers on excursions, pleasure or fishing trips or for vessels engaged in fishery or shellfishery. Beach club, yacht club or boat club including uses accessory to them such as swimming pools, tennis courts, racquetball facilities. Boat yard for building, storing, repairing~ renting, selling or servicing boats which may include the following as an accessory use: office for the sale of marine equipment or products, dockside facilities for dispensing of fuel and where pumpout stations are provided, restroom and laundry facilities to serve overnight patrons. Maricult'~re or aquaculture operations or research and development. Boat and marine engine repair and sales and display, yacht broker, marine insurance broker. Buildings, structures and uses owned or operated by the Town of Southold, School Districts, Park Districvs and Fire Districts. Retail sale or. rental of fishing, diving, bathing supplies and equipment if accessory to marine or boat yard of ships loft or chandlery. 48 Uses permitted by special except~n by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board. (1 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. (2 Ferry terminal. Transient hotels or motels subject to the following conditions. (a) The minimum area for such use shall be not less than three (3) 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 shall be one (1) unit per four thousand (4~000) square feet of land with public water and sewer. (4) Fish processing plant. (5) Fish market which may include a combination of wholesale and retail sale of finfish and shellfish (6) Museum with nautical theme or art gallery. C. Accessory uses~ limited to the following: (1) Accessory uses as set forth in and regulated by Section 100-31C (1) through (7) of the Agricultural-Conservation District, and subjecC 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. Section 100-122. Bulk~ area and parking requirements. No building shall be used and no building or part thereof shall be erected of altered in the MII 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 if such regulations were se~ forth herein in full. 18. Article XIII is repealed and a new Article XIII is 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 (LI0) District is to provide opportunity for the location of business and professional offices, research facilities, industrial uses and similar activities in an open, campus-like setting in areas which are not appropriate for commercial activity or iow density residential development. In this area such uses can be established 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. Ail uses must conform to Suffolk County Health Department standards. Section 100-131. Use regulations. In an 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-$1A (2) and (3) of the Agricultural- Conservation District. (2) Any permitted uses set forth in and as regulated by Section 100-10lA (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. ~ 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, 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, reworkJ, n~ assembly or combining of prodncts from previousl prepared materials and which do not involve the synthesis of chemical or chemical products other than for pharmaceutical or research purposes or the processing oi' any ~aw materials except agricultural raw materials. Such uses may include industrial operations such as electronic, machine parts and small componen~ assembly,., as opposed ~o heavy industrial operations such as automobile assembly or ~illing activities and will be 'subject to the following conditions: 50 - (a) No such process or operation shall involve the handling, storage or discharge of explosives or permit upon the premises any virus or other type of infectious organisms identified with diseases of animals or humans. (b) No offensive noises, gases, fumes, smoke, odors, dust, effluent or vibrations shall emanate from such use and no waste products shall be discharged therefrom of a character to create a nuisance or to be 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 be permitted at the same number per acre as hotel/motel guest units se~ forth in and regulated by Section 100-6lB (6) of the Resort Residential. (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 ~ ~he following condition: (a) Minimum parcel size shall be 100 acres. 13) Bed and Breakfast uses as set forth in and as regulate~ by Section 100-3lB (15), provided that no site plan is required. Accessory uses: (1) Accessory uses on the same lot with and customarily incidental to any permitted or special exception use and not involving 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 ~.egulated by Section 100-10lC (3) of the General Business District. (4 Fully enclosed storage facilities incidental to the principal use. ~- 51 (5) Open storage as set forth in and regulated by Section 100-101C (4) of the General Business District. (6) Indoor and outdoor recreations 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 employees thereof, or visitors thereto, including the sale of them, but not to the public generally of gasoline, oil and minor accessories. (9) Central heating and power plants accessory to the principal use and the service of all structure on the premises. (10) Maintenance and utility shops incidental the principal use. (11) Off-street parking and loading. Said areas shall no~ be nearer than fif5y (50) feet to to any lot line or street~ and if generally adjacen~ to any stree% or any residence district, shall be suitably 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 Part 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. - 52- 19. Article XIV (Adminsitration and Envorcement) is renumbered Article XXVIII and a new Article SIV is added in its place, to provide as fellows: ARTICLE XIV Light Industrial (LI) District Section 100-140. Purpose. The purpose of the Light Office (LI) District is to provide an opportunity for business and industrial uses on smaller lots than would be appropriate for the LIO Light Industrial Park/ Planned Office Park District. Section 100-1~1. Use regulations. In an 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 i~ and as regulated by Section 100-$1A (2) and (3) of the Agricultural- Conservation District. (2) Any permitted uses set forth in and as regulated by Section lO0-131A (2) to (5) of the Light Industrial Park/Planned Office Park District 131. B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception of the Board of Appeals, as hereinafter provided and subject to site plan approval by the Planning Board. (1) Any special exception use set forth in and as regulated by Section 100-1$tB (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 100-3lB (15), provided that no site plan approval is required. C. Accessory uses. (1) Accessory uses on the same lot with and cussomarily incidental to any permitted or special exception use and not involving-a separate business. (2) Wall signs as sen 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 se~ forth xn 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 requiremenss. No building or premises shall be used and no building or part thereof shall be erected or altered in the LI Light Industrial District unless the same conforms with the Bulk Schedule and Parki. n~ and Loading Schedules incorporated into this chapter, by reference, with the same f0~e and effect as if such regulations were set forth herein in full. 53 - 20. Article XV (Amendments) is renumbered Ar~%cle XXIX, and a new Article XV is added in its place ~o provide as follows: ARTICLE XV Density, Minimum Lot Size and Bulk Schedules 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 Bulk Schedules. 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 struc%ure or part thereof shall be erected or altered in a use district unless the same conforms with the Denisty and Minimum Lot Size Schedules and the Bulk Schedules hereinafter set forth. -55- ¢ ~ 0 o~ ~.~ 0 (~ fD m~ m o ~ ,Lo Co 0 0 (1) h:;;I ,'-r [--~ -_56- 0 0 m' 0 0 · ~ C, 0 0 0 0 0 Oc~ ~ 0 -57- 0 H -58- 21. Chapter t00 is amended by adding a new Article thereto, to be Article XVIYI, ~o provide as follows: ARTICLE XVIII Cluster Development Section 100-180. Purpose. The purpose of this provision is to encourage flexibility and innovation in the design of residential developmen5 tha~ cannot be achieved on many sites through adherence to traditional zoning and subdivision regulations; Further, the application of the cluster development technique is intended to achieve: A. Maximum reasonable conservation of land and protection of groundwater supply and groundwater recharge areas. Bo Preservation of agricultural activity by encouraging retention of large continuous areas of agricultural use. Variety in type and cost of residential development, thus increasing the choice of housing hypes available to Town residents. 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. 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. 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-200 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 particd%ar district and determined as indicated in subsection C below. (3) The minimum lot size shall be: a. without public and sewer 30,000 square feet b. with public water 20,000 square feet c. with public waLer and sewer 10,000 square feet In the ~ow Density Residential Districvs, to wit: the A-C Agricultural Conservation, R-80, R-120, R-200 and R-400 Districts, clustering is permitved and may be mandated by the Planning Board in the exercise of discretion, without the requirement thaL the owner make written application for the use of such procedure. 59 - C. Determination of density and zoning modifications. De (1) An application for cluster development shall include a map or maps for 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 Code and subdivision,regulations of the Town of Southold. (2) The total building lot yield of the standard subdivision shall be used to determine 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. (3) In a cluster development~ lot area, width, depth, front yard, rear yard and side yards may be reduced to less than the m~nimum 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. The area of a cluster development shall be in single ownership or under unified control. Prior to the issuance of a building permit in a cluster; development, a site plan shall be submitted to and approved by the Planning Board in accordance with Article XXV of this chapter and the followmng 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 physical feasures relevant to the proposed plan and determined to be necessary by the Planning Board. (2) Said site plan~hall include a statement setting forth the nature of all proposed modifications of existing zoning provisions. Nothing contained in this chapter shall relieve the owner or his agent or the developer of a proposed 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 the acreage requirement for recreation areas as se~ forth in the Town's rules governing subdivision review, provided that the common land dedicated meets all other requirements of the Town subdivision regulations. G. Common Areas. (1) The Planning Board shall establish such conditions on the ownership~ use, and mainenance of common areas, including open space, as it deems necessary'' to assure the pre~-~rvation of such areas for their intended purpose. Common areas and/or open space may either be retained by a condominium corporation - 60 - or it may be deeded to a homeowner or homes association comprised of the residents of the sub- division and reserved for their use or other mechanism acceptable to the Town Board and the ~own 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 approved by the Town Attorney and Town Board; or any other arrangements approved by the Town Attorney and Town Board as satisfying the intent of this chapter. Whenever a Homes Association is proposed, the Town Board shall retain the right to review and approve the Articles of Incorporation and the Charter and bylaws of said Homes Association and any amendments or revisions thereof; and to require whatever conditions deemed necessary to ensure that the intent and purpose of this chapter are carried out in consideration of said approval, the Town Board shall~ in part~ require the cluster development to meet the following conditions: (a) A Homes Association shall be established as a not-for-profit corporation operating under recorded land agreements through which each lot'~' ' owner, and any succeeding owner according go the' deed to each unit, is automatically a member, ahd each lot is automatically subject to a charge for a proportionate share of the expenses 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 right to the use and enjoyment of the common property. d) Once established and title to the common land is conveyed to the Homes Association, all responsi- bility for operation and maintenance of the common land and facilities shall lie with the Homes Association. e) ~edication of all common areas shall be recorded directly on the final plat, and/or by mfeparrem~t plat to a dedication in a separately recorded document. Resubdivision of such areas is prohibited, lhe dedication shall: (1) Save the title to the common property to the Homes Association free of any cloud of imp'~ed public dedication. (2) Commit the developer ~o convey the a~eas to the Homes Association at an approved time. - 61 - J 4 (3) Grant easement of enjoyment over the area to the lot owners, subject to restrictions as shall 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 membership rights for nonpayment of assessments or infraction of established rules. 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 plan and approved by the Town Board. Such deed restricti~ or covenant shall specifically prohibit any development for other than open space or agricultural use on the specified open land and/or conservation area. Each deed to each lot sold shall include by-reference all recorded declarations and other restrictions including assessments and the provision for liens for nonpayment of such. The Homes Association shall be perpetual. It shall purchase insurance, pay taxes~ specify in its charter and bylaws an annual homeowner's fee, make provision for assessments and provide that all such charges become a lien on each lot in favor of said Association/i The Association shall have the right to proceed in accordance with all necessary legal action for the foreclosure and enforcement of liens, and it shall also have the right ~o commence action against any member for the collection of any unpaid assessment in any court of competent jurisdiction. The developer shall assume all responsibilities as previously outlined for the Homes Association until a majority of the dwelling sites are sold, at which time the Homes Association shall be automatically established by the developer at the developer's expense, and title to the common area conveyed by the dev~oper go the Homes Association. 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 recreatio~ improvements~ and a maintenance bond to ensure the proper maintenance of all common lands until the Homes Association is established and titie 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. The certifica5e of incorporation of the organization and its by-laws shall contain the following provisions and notice of said provisions shall be specifically given in amy'brochure or prospectus issued by the developer~ namely: (1) That such organization is established %o own and maintain common open space or common elements and thai if such organization, or any successor organization~ shall aL any time after title to such common land and other common elemen5s is conveyed to it '' s~ll fail to maintain the common open space and and other common e~:6ments in reasonable order and condition in accordance with-the plan p~oposed, the - 62 - 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 shown upon'the last completed assessment roll, which such notice shall se5 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 deficiencie~ in maintenance 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 hold a hearing upon the 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 by the Town for such purposes may be assessed upon all df the lots xn 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. The Town Board~ in order to ensure that the open space Will-be used for its intended purposes, shall have the continuing right to impose building controls and restrictions on the use and maintenance of the common open space lands. - 63 - 22. Chapter 100 is amended by adding a new Article thereto, be Article XtX to provide as follows: ARTICLE XIX Parking and Loading Area Section 100-190. Purpose Regulations for off-street parking and truck loading areas are imposed in order ~o minimize traffic congestion, air pollution, the risk of motor vehicle and pedestrianaccidents and to address aesthetic considerations. Section 100-191. Off-street parking areas. Off-street parking spaces, open or enclosed, are permitted accessory to any use specified below. Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purpose of these parking regulations. Reasonable and appropriate off-stree~ parking requirements for structures and uses which do not fall within the categories listed below shall be determined by the Planning Board upon consideration of all factors entering into the parking needs of each use. For those uses not specified in the schedule, there shall be a periodic monitoring of off-street parking conditions to ensure that the purpose of this article is satisfied. 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. 64 TYPE OF USE Accessory apartment in existing one-family dwelling Antique shop, auction gallery, arts and crafts shop and workshop Apartment over store Auditorium, meeting hall Automobile laundry Bank Beach club or swim club Bed and breakfast enterprise Boarding homer, tourist house Boat and marine engine repair and sales, if separate from marina Boatyard, including boat sales and rentals Bowling Lane Bulding~ electrical or plumbing contractor's business or yard Cold storage plant College Conference facilities Drinking establishments Fish market, including wholesale and retail sale of Finfish and/or shellfi sh Food processing and packaging, i ncludi ng Fish processing Frat:ernal or social office or meeting hail Funeral home One per accessory apartment in addition to two for one family dwell One per 250 square feet of sales area One per apartment in addition to business requirements. One per 50 square feet of seating area but not less tl~n one per four seats where provided. One per employee plus a ten space queuing line area for each laundry bay. Ten spaces or one space for each 100 square feet of gross floor area or three spaces per teller~ whichever is grea~es~ plus a five space queuin area for each drive-in teller. Two spaces per three members. One space per guest room in addition to residential requirements. One space per gues~ room in addition to residential requirements. One space per 250 square feet of gross floor area. Sales and rental portion, three spao in addition ~o marina requirements. At least four spaces per lane. One space for each employee plus two spaces. Three spaces or one per 800 square feet of gross floor area. · 5 spaces per student plus .75 spaces per staff member. One space per four seats in the largest assembly hall or meeting arez plus one space for each ~our seats ir classroom Facilities. One space per three seats or one space per 100 square feet of floor space, whichever is greater. One space per 200 square feet of gross floor area. · 75 spaces per employee or one space per 500 square feev of gross floor area~ whichever is grea~er. See office. One space for each three sea¢s previd herein or one space for each 100 squz feen of space available for public us whichever is'greater with minimum of 25 spaces. Gasoline service station, partial self-service Gasoline service station with minor indoor repair facility Greenhouse, floral shop, flower shop, nursery, or similar facilities either enclosed or unenclosed Home occupation, including home professional office, except physician or dentist Hospital Hotel, motel, resort and transient Inservice training facilities for employees Laundry plant, dry cleaning plant Laundromat Library, museum, art gallery Light indu~Wcrial uses Mariculture/aquaculture business Marina Membership club, country club, golf club or golf course public, tennis club Motor vehicle, mobile.home sales room or outdoor sales lot including rental of equipment Multiple dwelling three or more families) Nursing home,proprietary rest home Office: business, governmental and professional except physicians or dentists Office: for physician or dentist One-family detached dwelling Personal service shop: barbershop, beauty parlor Philanthropic, eleemosynary or religious institution Three space queuing area for each pump plus one space for each employe, Same as gasoline service station above plus two for each bay. One space per employee plus three spaces or one space per 200 square feet ofsales and/or display area whichever is greater. Three spaces per home occupation plus two spaces required for single family residence. One space for each bed. One space for each guest room and on, for each employee or one space per guest room, whichever is greater, pl~ accessory use as required. See conference facilities. One per employee plus one per 200 square feet of customer service area~ · 75 per washing machine. See auditorium One per employee or one per 500 ~qua~ feet of floor area, whichever is greater. -~ See light industrial. One space per boat slip, mooring, doc space or similar unit of capacity~ plus one space per employee. At least one for each two members or accommodations (such as lockers), whichever is greater, plu~ one for each employee. One per each 600 square feet of showroom and sales lot area plus one per employee. Studio 1 bedroom 2 bedroom 1.5 per dwetlingunit 1.5 per dwelling unit 2.0 per dwelling unit; .25 spaces are requirec for each.,bedroom in excess of the first two bedroom~. One for each bed. One per 100 square feet of office floor area. Five spaces per physician or dentist. Two spaces per dwelling. 2.5 spaces per service chair. One space per bed. - 66 - Place of worship Printing or publishing plant Professional studio~ travel agency Recreational facility, fully enclosed, commercial Repair garage Repair shop for household, business, or personal appliances Research design or development laboratory Restaurant, drive-in~ curb service or fast food Restaurant (except drive-in) Retail sale or rental of fishing, diving or bathing supplies or equipment; ship's loft or chandlery Retail shop or store (other than those listed herein) Roadside farm stand School, elementary School, secondary Shop for custom work and for making articles to be sold an retail on the premises Storage yard Theater or cinema, other than outdoor Tourist camp To~mhouse ~vo-family detached dwelling Veterinarian and ar~mal hospital i~rohouso or sborage building ~olosale business, including lumber and other building products See auditorium. See light industrial. See office. One space for each 300 square feet of gross floor area except: court sports--five spaces per court--and rink sports--one space per 200 squar~ feet of rink area. Four spaces per bay plus one space per employee. One space per 200 square feet of customer service area. See light industrial. One space per two seats or one space per 50 square feet of floor space, whichever is grea~er. One space per three seats or one space per 100 square feet of floor space, whichever is greater. If separate use, see retail shop; if accessory use, one space for each employee plus two spaces in addition to primary use. At least one per 200 square feet of' gross floor area. Minimum of four spaces per stand. Two spaces per classroom plus auditorium requirements. Two spaces per classroom plus one per ten s~udents or auditorium requir~nen~ whichever is grea~er. See retail ssore. One space per employee plus four spaces or one space for each 5,000 square feet of storage area~ whicheve: is greaLer. See auditorium One space for each accommodation plus one space for each employee plus three spaces for visitors. See multiple dwelling unit. Three spaces per dwelling. Two spaces per employee or one space per 200 feet of gross floor area, ~ichever is grea~er. One per 1,000 square feet of'gross floor area. One per 1,000 square feet of g~oss floor area. '- - 67 - Wholesale/retail beverage distribution ~fnolesale/retail nursery and/or sale of plants Yacht club One space per 150 square feet of gross ~loor area. 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 with minimnmoffour spaces. Same as marina. - 68 - Areas computed as parking spaces. Areas which may be computed as open or enclosed off-street parking spaces include any private gara'ge, carport or other area available for parking, other,than a street or a driveway However~ a driveway within a required front yard for a one-family or two-family residence may count as one parking space. Size of spaces· Three hundred fifty (350) square feet shall be considered one parking space (to provide room for s~anding area and aisles for maneuvering). Aisles between rows of parking spaces shall be no~ less than twenty-two (22) feet wide, unless reduced for sixty (60) degree angle parking, in which case the aisle space shou] be not less than sixteen (16) feet wide. Entrance and exit lanes shall not be computed as parking space except for driveways for one-family and two-family residences. The minimum parking stall width shall be nine (9) feet and the minimim length shall be nineteen (19) feet. Access. Unobstructed access to and from a street shall be provided. Such access shall consist of at least one (1) fifteen (15) foot lane for parking areas with more than four (4) spaces but less than twenty (20) spaces~ and a~ leas~ 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 streev line nor ten (10) percent at any other point. All points of ingress or egress shall be appropriately signed, unless such signing is considerc unnecessary by the Planning Board· E. Drainage and surfacing. Ail open parking areas shall be properly drained within the premises and all such areas shall be provided with a dustless surface, excep~ 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 and constructed under the supervision of %he Superintendent of Highways or his agent. F. Join~ facilities. Required parking spaces, open or enclosed, may be provided in spaces designsd to serve jointly two or more establishmenvs, whether or not located on the same lot, provided tha5 the number of required spaces in such joint facilities shall be not less than the total.required for all such establishments. G. Combined spaces. When any lot contains two (2) ok more uses having different parking requirements, the parking requirements for each use shall apply to the exten~ of that use. Where it can be conclusively demonstraved 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 no~ in operation, the Planning Board:.may reduce the total parking spaces required for that use with the least requirement. }I. LocatiAn and ownership. Required accessory narkJn~ s ace~ open or enclosed, shall be provided upon the same lot as the use towhich they are accessory or elsewhere, provided tha~ all spaces therein are located within two hundrbd (200 Feet walking distance of such lot. In all cases, such parking spaces shall conform to all the regulations of the district in which parking spaces are located, and.in no even~ shall such parking spaces be located in any residence district unless the use to which the spaces are accessory is permitted~ln such residence district or upon approval by the Board of Appeals; Such spaces shall be 69 - in the same owmrship as the use to which they are accessory and shall be subject to deed restrictions approved by the Board. binding the owner and his heirs and assigns to maintain the required number of spaces available either throughout the existence of such use to which they are accessory or until such spaces are provided elsewhere (unless municipally owned spaces are utilized in accordance with subsection (A) of Section above). Lots divided by district boundaries. When a parking lot is located partly in one district and partly in another district, the regulations for the district requiring the greater number of parking spaces shall apply to all of the lot. Parking spaces on such a tot ,may be located without regard to district lines, provided that no such parking spaces shall be located in any residence district unless the use to which they are accessory is permitted in such district or upon approval of the Board of Appeals. Parking regulations in multiple-dwelling or attached- dwelling developments. (1) Wherever space is provided for the parking of five (5) or more vehicles in the open, such spaces shall be individually identified by means of pavement,markings.~ (2) No parking space shall be located in any front yard nor within ten (10) feet of any lot line in side or rear yards. (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 extend~ 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.orin any garage on such lot. (5) Parking areas shall be screened by a substantial wall, fence or thick hedge, approved by the planning Board. Generally, such screening shall not be less than four (4) feet nor more than eight (8) feet in height. Regulations for par~ing spaces adjacent to lots in any residence district. (1) Wherever a~parking area of over five (5) spaces abuts or is within fifteen (15) feet of the side or rear lot line of a lot in any residence district, the said parking lot shall be screened from such adjoining lot by a substantial wall, fence or thick hedge, approved by the Planning Board. Generally,such screen shall 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 residence district, it shall be screened from the view of such land by a thick hedge~ wall or ~ence, approved by the Planning Board, located along a line drawn parallel ~o the street and a distance of twenty (25 feet therefrom, such screening to be interrupted only at points of ingress or egress. Generally, no such screening shal~_ be less than four (4) feet nor more than six (6) feet in height. The open area 70 - bet~en such screening and the street shall be landscaped in harmony with the landscape prevailing on neighboring properties fronting on the same street. Two (2) identification and directional signs located on the street side of such screening shall be permitted; however, they shall not exceed an.area of three (3) square feet each. Driveways· No driveway shall provide access to a lot located in another district, which lot is used for any use prohibited in the district in which such driveway is located. Parking for special exception uses - Notwithstanding any other provisions of this chapter, the Planning Board may increase the parking requirements for special exception uses by up to one hundred fifty (150~) percent of the minimum parking requirements, if it determznes that such additional parking requirements are necessary by reason of ~the mature of the use and/or the characteristics of the site. 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 publi~ rights-of-way. 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. Connections between abutting parking areas. Where appropriate, the Planning Board may require paved connections between abutting parking areas in different ownerships, so as to facilitate the flow of traffic. Supplemental regulations for private garages and off-stre 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 svreet line or side lines and the principal building. (b) One commeroial vehicle not exceeding twenty-five (25) feet in length may be parked within a privat garage in any residence district. (c) Commercial farm vehicles are permitted as accessory to a commercial farm use i.n any residential 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 heFelnafter provided, is prohibited in all residential districts, except that: (a) The keeping or storing of one camp-vype travel trailer or ~ecrea~ion vehicle is permitted on a premises~ if it is either owned or rented by the occupants of such premises and is no~ kept For purposes of sale or rental and is used solely~ for the personal use of such occupants. Such camp-type traK~l trailer or recreation vehicle shall be secured in place in the rear yard not nearer than fifteen (15) feet to a side or rear lot line or to the street, and the doors thereof shall 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. o Boats. One boat may be parked in the rear yard of any occupied lot not nearer than fifteen (15) feet to a rear or side line or to any street. 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: Uses for which required. Accessory off-street loading berths shall be provided for any use specified below. Any land which is developed as a unit under single ownership and 'control shall be considered a single lot for the purpose of such loading requirements. (1) For a public library, museum or similar quasi-public institution, governmental building, community center, hospital or sanitarium, nursing or convalescent home, institution for children or the aged or school, with a floor area of five thousand (5,000) to twenty-five thousand (25,000) square feet, one (1) berth; for each additional twenty-five thousand (25,000) square feet or fraction thereof, one (1) additional berth. (2) For buildings with professional, governmental or business offices or laboratory 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 thousand (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 thouaand (5,000) to twenty-five thousand (25,000) square feet of floor area and one additional berth for each additional twenty-five thousand (25,000) square feet of floor area or fractibn thereof 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 establishments 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 berth for each additional ten thousand (10,000) square feet of floor area or fraction thereof so used. In addition, adequate reserved parking for waiting trucks shall be provided. B o Size of spaces. Each required log~%ng berth shall be at least fifteen (15) feet wide, fourteen (14) feet high and forty-five (45) feet long, and in no event smaller than required to accommodate vehicles normally using such berths. -72- Location and access. Unobstructed access at least fifteen (15) feet wide, ~o and from a stree~ shall be provided. Such access may be combined with access to a parking lot. All permitted or required loading berths shall be on the same lot as the use to which they are accessory, except as provided in subsection D below. No entrance or exit for any off-street loading area shall be located within fifty ($0) 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 encloged, may be provided in spaces designed to serve jointly two (2) or more adjacen~ establishments, provided that the number of required berths in such joint facilities shall ~not be less than the total required for all such facilities. E. Lots divided by district boundaries. When a lot is locate( partly in one district and partly in another district, the regulations for the district requiring the-greater number of loading berths shall apply to all of the lot. Loading berths on such lot may not be located in any residence district unless the-use~to which they are accessory is permitted in such district or upon the approval of the Board of Appeals. 73 23. Chapter lO0 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. Protec~ 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. Excep~ 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 5he Building Inspector, and payment of the required fee per sign in accordance with the Town of Southold fee as specified ~n subsection F below. The following two operations shall no~ be considered creating a new sign and therefore shall not require a new sign permit: Replacing copy. The changing of the advertising or message on an approved sign which is specifically designed for the use of replaceable copy. 2 o Maintenance. Painting, cleaning and other normal maintenance and repair of a sign or a sign strucLure~ 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 and 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 ~o be erected. Size of sign. A description of the construction details of the sign~ showing the lettering and/oF pictorial magter composing the sign; position of lighting or other exgraneous devi~ -74 o Sketches drawn to scale and supporting information indicating location of sign, showing the lettering and/or pictorial matter composing the sign; position of lighting or other extraneous devices. The written consen~ of the owner of'the proper~y 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 Southold Such other pertinent information as the Building Inspector may require to insure compliance with this Article. The Building Inspector shall review the proposed sign with respect ~o all quantitive 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 design principles outlined in Section 100-202 hereof~ and provided further that no sign shall violate the sign prohibitions and general restrictions listed in Section 100-203 herein. After approval or approval with conditions by the Planning Board, the Building Inspector shall issue a permit in accordance with all applicable requirements. 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: Al Signs should be.a subordinate pa~% of the streetscape. B.. Signs should be as small as practicable. c. Signs should be as close ~o the ground as possible~ consis~en~ with required safety and legibility . . . considerations. D. A sign should have an appropriate size relationship to the building upon which it is placed. E. Whenever feasible, multiple signs should be combined into one sign ~o avoid clutter. F. A sign should no~ impair the visual effectiveness of neighboring signs. G. Garish colors and materials should be avoided. H. Signs wL~ch have dark background colors and light lcLters are:preferred i.n order to minimize the apparen5 size oF signs within the s~reetscape. I. Generally, signs on the same building shouid be wi6hin the same horizontal band~ and be of a similar height. -75 - Except in carefully designed circumstances, signs should be integrated with fences, walls or buildings, and not freestanding. Re Sign material should be durable, requiring little maintenance; use of material such as corrugated plastic, natural aluminum~bulbous plastic letters, nontextured plastic and glass tile should be avoided. Section 100-203. Sign prohibitions and general restrictions. Unless otherwise provided herein, nonaccessory signs~ billboards and mobile signs shall be prohibited in all districts. Flashing signs, including any sign or device on which the artificial light is not maintained stationery and constant intensity and color at all times when in use are prohibite, Signs which compete for attention with, or may be mistaken for, a traffic signal are prohibited. No sign shall be erected in such a manner as to obstruct free and clear vision for drivers, interfere with, mislead or confuse traffic, or be located where,, by reason of its position, shape, or color, such sign may interfere with, obstruct the view of, or be confused with~any authorized traffic sign~ signal~ or device by making use of the words "stop" "look" or any other word, phrase, symbol or character, or red, green, or amber illumination or reflection. D. Roof signs shall be prohibited. _. E. Signs made out of cardboard, paper, canvas or similar impermanent material are prohibited. Standard, approved methods of constant illumination shall be permitted on ground signs, wall signs and hanging signs~ provided~ however, that the illumination shall be concentrated upon the area of the sign so as 50 prevent direct glare upon the street or adjacent property. Signs with visible moving, revolving~ or rotating parts are prohibited. Ho Except for holiday seasons or a period of fifteen (15) day from the date of a grand opening, no sign or par~ thereof shall consist of pennants, ribbons, streamers, spinners or other similar moving,fluttering, or revolving devices. Signs noting that a property has been sold are prohibited. No portable or temporary sign shall be placed on the Front Face of any building or any lot, except as provided in. Section 100-205 C herein. Ko No signs other than signs placed by agencies of the government shall be erected on any public property, unless consent is first obtained from the Planning Board No sign shall be placed or painted on any tree or rock. No sign shall be placed on any utility pole except £or utility identification or similar purposes. Section 100-204 Limitation of sign content or copy. Info,,marion displayed on signs shall be limited to the name, address, and nature of the business and products available or activity for which the building or premises is used. 76 - Section 100-205. Regulations regarding specific types of signs. A. Illuminated signs. A sign illuminated by electricity from outside or within or equipped in any way with ele.ctric devices or appliances shall conform with respect to wiring and appliances to the regulations of the New York State Board of Underwrivers and shall bear the stamp of said Board. All wiring shall be self- enclosed in metal raceways. Freestanding and ground signs. Except for required 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 se~ back at least twenty-five (25) feet from the stree~ line. Such signs are limited to either pole signs with no guy wires or signs permanently affixed to a fence or other wall separate from the principal building. All ground signs shall be located within and not overhang the property line. The location and design of such signs shall be chosen so as not uo present a hazard to pedestrian or vehicular traffic and shall be twenty-five (25) feet from each side iine and fifteen (15) feet from the front and/or rear property line. The maximum, height of such signs shall be fifteen (15) feet. C. Shopping center directory signs. The term "directory sign" shall mean any sign containing a list of names of business establishments located within a shopping center. Each shopping center shall, as a whole, be allowed one free-s~anding directory sign on the premises to be used for the purposes of identifying the shopping cen~er and the various business establishments located within the shopping cen~er where the building or buildings are se~ back ~wen~y-five (25) feet from the street line. No advertising of any sort shall be allowed on such sign. Said sign shall not exceed fifteen (15) feet in height, measured from the ~op of said sign ~o the mean level of the ground surrounding the suppor~ of said sign. Each business establishment name shall occupy no more than ten (10) square feet in total area. Said sign shall comply with ali other applicable provisions of this chapter. A permit issued by the Building Inspector shall b~ required for each shopping center direcvory sign erected or maintained pursuan~ to this section. The application for said permit must contain an architect drawing of said directory sign as well as a survey indicating the dimensions of said sign, its location and setbacks. The BuiRding Inspector shall refer said applications, drawing(s), survey(s) and other supporting papers to the Planning Board for its approval and recommendagions. Interior signs. An interior sign, or combination of signs shall no~ cover more than ~en (10~] percenv of the VoCal glass area upon which,or in which, it is affixed, display~ or painted. - ?? - Wall signs. 1. Wall signs shall not pro0ect more than twelve (12) inches from the wall to which they are affixed. Within any Business District, such signs shalt~ 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 sii1 of the windows of the second story, nor extend or be placed more than fifteen (15) feet above the outside grade. No wall sign or combination of signs, including interior signs, on any wall facing any street or public way in a business district shall exceed an area in square feet equivalent to one times the length in feet of the structure on each frontage up to a maximum of sixty (60) square feet. Within an industrial district, one wall sign not exceeding thirty (30) square feet is permitted for each street frontage from which access is provided to the lot. 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. All such signs must be safely and adequately attached to said building wall by means satisfactory to the Building Inspector. Historic signs. The Planning Board may find that a particular sign is a historic sign. In making such a finding, the Planning Board, in consultation with the Historic Landmark's Commission, must find that the proposed sign, is of significant historic quality in terms of age or design or by reason of its relationship to an historic renovation project. The Board of Appeals may allow the reconstruction, repair and maintenance of historic signs upon such terms as may be Oust and proper in addition to, or to the exclusion of, any other signs permitted by this chapter. Temporary signs. The erection, installation, or maintenance of temporary signs, as defined herein, is hereby prohibited, except that the Building inspector may grant special ~ermission for the maintenance of the following signs: 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. Temporary interior signs announcing special sales or events shall be permitted in the Hamlet Business and General Business District. Such signs shall cove~ no more than twenty-five (25%) percent of the window area to which they are affixed, and shall be removed within twenty (20) days. Section 100-206. Unsafe, abandoned and unlawful signs. The owner of a sign and the owner of the premises on which such sign is located shall be jointly !Jable maint-ain such sign, including its illumination sources, Jn a neat and orderly:~ondition 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 nosice within the time specified therein, the Building Inspecsor is authorized to remove, or cause the removal of such sign at the expense of the person or persons named in such notice. Upon such removal, all costs and expenses incurred by the Town for 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 statemen5 is not paid within thirty (30) days after its presentmens~ the Building Inspector may file a statemen~ with the Town Assessors, identifying the property in connection with which such expenses were incurred and the owner thereof as shown on the la~es~ 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 lien and shall be collected and enforced in the same manner,by the same proceedings, at the same. time and under the same penalty as is provided by law for the collection and enforcement of real property taxes in the Town of Southold. The owner of the sign removed by the Building Inspector as hereinbefore provided shall not be permitted ~o redeem such sign until all expenses of removal and sLorage have been paid. C. If in the determination of the Building Inspector, a sign is an immediate'peril to persons or property, he may cause such sign ~o be removed summarily and without notice. The cos% of such removal shall be paid by the Town and such amoun5 shall be and become a lien upon the premises in question and shall be levied and collected in the same manner and under the same penalties as an assessmen~ 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 no% 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. -79 - 24. Chapter 100 is amend~ ~ 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 appearanc and natural beauty of the Town and go protect property values through preservation and planting of vegetation, screening, and landscaping material. Specifically, these standards are intended to enhance the appearance of major travel corridors and business areas; to reduce excessive hea~, glare, and accumulation of dus~; to provide privacy from noise and visual intrusion; and to preven~ 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: Landscaping, trees and plants required by these regulations shall be planted in a growing condition according to accepted horticultural practices, and they shall be maintained in a healthy growing condition. Any landscaping, trees, and plants which are in a condition that does no~ fulfill the intent of these regulations shall be replaced by the property owner during the nex~ planting season for the particular - plant material. A.screening fence or wall required by these regulations shall be maintained by the proper~y owner in good condition throughout the period of the use of the lot subject to the following conditions: (1) Any land that is or has been designated or required to be a screening area, buffer area or paved area pursuant to an approval by the Town Board, Planning Board or Zoning Board of Appeals of any grant of an application for a change of zone, variance or site plan approval or which is required by ordinance or local law mus~ be maintained by the owner of the proper~y or any of the owners, successors in interest or assignees. (2) When it is determined by the Planning Board that any land is nov maintained pursuant to such grant or law, the Building Inspector shall no~ify the owner of record of such land, by certified mail to the address shown on the last completed assessment roll, ~o erecv. replace, repair or maintain fences, trees, plantings~ shrubbery or other screening or paved areas pursuanv to the plan or law. (3) In the event fha% 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 designated land. The Building Inspector shall certify by affidavit the costs incurred either by the Department or the Town ~oard. The Town Board shall, by resolution, instruc~ t~e Town Clerk ~o':~.~blish a public notice that a public hearing wil~ be held for the purpose of adding to the assessment roll of the described lot or parcel the costs incurred and that, at the public hearing, the Town Board will hear and consider any objection which may be made to such roll. The publication of such notice shall not be less..than ten (10) days before the time specified for such hearing. The Town Board, after public hearing, may then cause such assessment to become a lien and may direct the Town Assessors to place it on the assessmen~ roll. All landscaping, trees, and planting material adjacen5 to parking areas, loading areas, or driveways~ shall be properly protected from vehicular damage by barriers, curbs, or other means. To the extent possible, existing trees, vegetation, and unique site features such as stone walls, shall be retained and protected. Existing healthy, mature trees, if properly located, shall be fully credited against the requirements of these regulations,- Where lot size and shape or existing structures do not make it feasible to comply with the requirements for a front landscaped area or landscaped parkin~ area, the Planning Board may approve planters~ plant boxes or pots containing ~rees, shrubs, and/or flowers go 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 or other ground cover and shall include appropriate trees and shrubs. As a~minimum, in all non-residential districts and inthe Hamlet Density Residential and R-40 Low Density Residential Districts, one shade tree having a caliper of two inches shall be planted within the front landscaped area for each forty (40) feet or fraction thereof of lot frontage. The purpose of the landscaping is to enhance the appearance of the use of the lot but no5 to screen the use from view. Residential Districts. In all residential districts, required front yar~s, except for the driveway, shall be landscaped with grass or other suitable ground cover, trees, and/or shrubs. Non-Residential Districts. In all non-residential districts, there shall be a landscaped strip in the front yard area: in the Limited Business, General Business and Light Industrial/Office Park and Light Industrial Districts, the strip shall be twenty-five (25) feet and in the Marine Business District, the landscaped strip shall be fifteen (15) feet deep along and contiguous go the front lot line of the property. There sBall also be a landscaped area five (5) feet wide abutting the front of the building in all non-residential districts including the Hamlet Business District. Section 100-213. Transition buffer area. The purpose of the transit%on buffer area is to provide prl. vacy from the noise, headlight glare and visual intrusion to residential dwellings. A buffer..area shall be required along all boundaries of athalon-residential lot abutting any lot Jn a residential district. Such buffer area shatl ~oompty~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 (2) Marine Business District (S Limited Business District (4 General Business District~ (5 Industrial Districts (6) Any district other than residential district adjomning land owned or maintained by New York State, Suffolk County, or Southold Town with current or potential use as park land 15 feet 20 feet 20 feet 25 feet SO feet 25 feet The buffer area shall be of evergreen planting of such type~ height~ spacing and arrangemen5 as,:in the judgment of the Planning Board, will effectively screen the activity on the lot from the neighboring residential area. As a minimum, the planting shall consist of a double row of trees six (6) feet in height planted at intervals of ten (10) feet on center, Non-evergreen planting may be included to supplement evergreen planting, but not to take its place. A landscaped earthen berm, wall, or fence of location, ~ height, design and materials approved by the Planning Board may be accepted for any portion of the required planting and/or buffer area. Where the existing topography and/or landscaping provides adequate screening, the Planning Board may accept the existing planting and/or buffer area as the required planting. Section 100-214. Landscaped parking area. In addition to the fron~ landscaped area and buffer area requirements, parking areas shall comply with the following minimum s~andards: Ae All uses required to provide twenty (20) or more off- street parking spaces shall~have at least ten (10) square feet of interior l~dscaping within the paved portion of the parking area~or each parking space and at least one (1) tree with a two (2) inch caliper for every ten (10) parking spaces or fraction thereof. Each separate landscaped area shall contain a minimum of one hundred (100) square feet, shall have a minimum dimens'ion of at leas~ eight (8) feet, shall be planted with grass or shrubs, and shall include a~ least one (1) tree of not less than two (2) inch caliper. A landscaped area shall be provided along the perimeter of any parking area excep~ that portion of the parking area which provides access to a streen or parkin~ facility on an adjacent lot. Accessways to adjacent lots shall no5 exceed vwen~y~four (24) feet in width and shall no5 exceed two (2) in number for each purpose. The landscaped area shall have a mimimum dimension of four (4) feet~ shall be planted with grass or shrubs and shall include at least one (1) tree of not less than nwo (~-) inch caliper for every forty (40) feet along the perimeter of the park~ area. In cases where the parking area adjoins a public sidewalk, the required land.scaped area shall be ex~ended to ~he edge of the sidewalk. 82 - Trees used in'parking lots shall include Honey Locust, Pine,Oak, :or other fast-growing hardy varieties, or existing trees where appropriately located. Section 100-215. Properties located adjacent to creeks. The rear yards of properties located adjacent to creeks shall include natural vegetation and/or shall contain suitable planted vegetation ~o a minimum of twenty (20) feet inland from the mean high water line elevation or wetland boundary to prevent erosion o~ the shoreline. Vegetation within the buffer strip shall not. be fertilized or chemically treated. '- 83 25. Chapter 100 is amended by adding a new Article thereto, to be Article XXIII, to provide as follows: ARTICLE XXIII Supplementary Regulations Section 100-203. Exceptions and modifications. 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 buildings within three hundred (300) feet of the proposed building on the same side of the street within the same use district. Exceptions to lot depth requirements. The minimum lot depth at any point may be decreased to seventy five (75%) percent of the minimum requirement if the average depth conforms to the minimum requirement. Exceptions to yard requirements. (1) (2) (3) Permitted obstructions. Cornices or cannilevered roofs may project not more than two (2) feet into a required yard. Belt 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 to the buildings on the lot) shall not project within fifteen (15) feet of a street line or four (4) feet of a property line. Entries and porticos. A roofed-over but unenclosed projection in the nature of an entry or..portico, not more than eight (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 the building otherwise complies with the regulations of this section. In computing the average setback the presence of such entries and porticos shall be ignored. Permitted projections. In any district, chimneys on residential public or semi-public buildings may project into a required yard to the extent of not more than two (2) feet. In any residential district, terrazes, steps or uncovered porches may project into any required yard, provided no part thereof is nearer than four (4) feet to any lot line. 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 above the roof or other permanent structure to which it is attached to any overhead electrical 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 manufacturing process requires greater height, provided that any such structures that are located on any roof and -84- that exceed in height the limits in the particular district shall nog in the aggregate occupy more than twenty (20~] of the horizontal area of the roof, and are set back one (1) foot from the edge of the roof for each additional foot in height greater than the specified height. 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. Notwithstanding any other provision of this Chapter, allpremises 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, wall~ hedges or other live plantings within five (5) feet of the property lines may be erected and maintained, subject to the following height limitations: Ce When located in the front yard along the front lot line, the same shall not exceed four (4) feet in height. When located along side and rear yards, the same shall not exceed six and one-half (6½) feet in height. When located other than in the front yard area or along side or rear lot lines, the same shall not exceed eight (8) feet in height. Section 100-232. Corner lots. On a corner lot, front yards are required on both street frontages, and one yard other than the front yard shall be deemed to be a rear yard, and the other or others side yards. On all corner lots, berms, walls, fences and hedges or any other potential obstruction 5o vision shall no~ exceed a height of two and one-half (2½) feet above the average street level within an isosceles triangle having thirty ($0) foot sides along each street vo preserve sight lin~ for traffic. Section 100-233. Building length and separation for buildings containing multiple dwellings. No building shall exceed one hundred twenty-five (125) feet in length. The minimum distance between principal buildings shall bc 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. Sectiou 100-234. Courts. Inner courts. An inner cour5 is permitted in multY'- family dwelling developmenvs if the minimum dimension of such cour5 is no5 less than two times the average height oi: all surrounding walls, but nbt less than sixmy (60) feet. The height of walls surrounding an inner court shall 'Be measured from Finished grade at the base thereof to the top of such wal'~g- except that, in the case of roofs with a slope exceeding five (5) inches vertical to -85 - to twelve (12) inches hori~ntal, the height shall be measured to the mean point of the roof. Outer courts, The minimum width of an outer court sha] be twenty (Z0) feet and the depth thereof shall not exceed its width. Section 100-235. Access requirements. A. Street access. No building shall be erected on a lot that does not have direct access to ~ public street in accordance with Section 280a of the Town Law. Ail 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 loading. 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 any lot having access to a street by means of an accessway shall be the required front yard specified for the district in in which the lot is located and shall not be measured from the rear lot line to the front lot. . Section 100-236. Open storage. 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. When open storage is permitted in a commercial or industrial district as a principal or accessory use, the following conditions shall be met: Storage shall be screened from view by a fence or evergreen screening, the design and location of which shall be approved by the Planning Board. In no case shall the stored material exceed the height of th~~screening. 2. No outdoor storage may be permitted within twenty- five (25) feet of a residential district boundary. 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 districLs. The following uses are prohibited in all districts:. Ao 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 was~es in any form ~.. such manner or amount as to cause permanent damage Lo ~he soil and sureams and to adversely affect the surrounding area, or by reason of the creation of noise, vibration,electromagnetic or other disturbance, or by reason of illumination by artificial light or light reflection beyond the limits of ~e lot on or from which such light or light reflection emanates; or which invot.ves any dangerous fire, explosive~ radioactive or other hazard; or which causes injury~ annoyance or disturbance to any of the surrounding properties or to their owners and occupants; and any other process or use which is unwholesome and noisome and may be dangerous or prejudicial to health~ safety~ or general welfare, except where such activity xs licensed or regulated by other government agencies. Artificial lighting facilities of any kind which create glare beyond lot lines. Carnivals, circuses and related activities, except for a temporary period on special license from the Town Board· Junkyard or refuse disposal site, except a refuse disposal site established as an official Town refuse disposal si~e or duly authorized as a refuse disposal site by the Town Board. 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 oxygen; industrial alcohol; nitrates of an explosive nature; potash; plastic materials and synthetic resins; proxylin; rayon yard; hydrochloric, nitric, phosphoric, picric and sulfuric acids; coal, coke and tar products, including gas manufacturing; explosives; gelatin, glue and size (animal); linoleum and oil cloth; matches; paint~ varnishes.and turpentine; rubber (natural and synthetic); soaps, including fat rendering; starch. F. The following processes: 1. Nitrating of cotton or other materials. 2. Milling or processing of flour. 3. Magnesium-~bundry. 4. Reduction, refining, smelting and alloying metal or meval ores. 5. Refining secondary aluminum. 6. Refining petrolem products, such as gasoline~ kerosene, naphtha, lubricating oil. ?. Distillation of wood or bones. $. Reduction and processing of wood pulp and fiber~ including paper mill operations. ~perations involving st~ckyards~ slaughterhouses and slag piles. II. Storage of explosives. o I. Quarries. Storage ~ petroleum products. Notwithstanding any other provisions of this chapter~ storage facilities with a total combined capacity of more than twenty thousand (20,0C0) 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 o'r other petroleum products, shall not be located within one thousand (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 systems shall be used or occupied, non shall a certificate of occupancy be issued with respect to the use and occupancy of such buildings and/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 ourisdiction thereof. Section 100-239. Land under wa~er; filled land. Streams, ponds,tidal marshes and portions of Long Island Sound and its various bays and estuaries, lying within the boundaries of the Town of Southold, whether or no~ so indicated on the Zoning Map as being in a particular use district, shall be considered as being in the most restricted use district abutting thereon, and such zoning 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 pursuan~ to law, 'shall be included in computing the minimum lot area for each dwelling unit permitted under the appropriate zoning district in which the proper~y lies. Section 100-239b. Tourist camps, camp cottages and trailers. A. Permits required. No tourist camp shall be es~;ablished, maintained or operated in any district, nor shall any 5en~, tent house, camp cottage, house car or trailer 5o be used or occupied as a plRce for living, sleeping or eating, whether charge is or is not made, be erected or placed therein, unless authorized by the Town Beard pursuanv to the provisions of Chapter 88, Tourist and Trailer Camp. B. Automobile trailers or house cars. Notwithstanding any other provisions of this cha~ter, a single auvomo~ile trailer oF house car may be located outside a ~ourist camp only whem auth0rJzed by the Town Board and subjecv ~o such conditions as may be prescribed by the Town Boar'd. C. Exemptions. This section shall not be deemed to apply ~o the temporary or seasonal camp of any unit of the Boy Scouss of America or the Girl Scouts of America or other, such organizations under the leadership provSd~d by said organ-~ati, ons, respectively. Section 100-239c Berms A. General (1) Ali 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 flilt or an equal 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 shaped, a uniform six (6) inch layer of approved horticultural topsoil shall be placed on the fill and fine graded. (3) Ali 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. Height. (1) The height of a berm shall be the vertical distance from the berm to the natural existing grade at the base of the berm. (2) In all residence districts~ no berm shall have a height greater~than four (4) fleet in the front yard or six and one-half (6½) feet in a rear or side yard. (3) In all nonresidence districts, no berm shall have a a height greater than six, and one-half (6½) feet in a front, rear or side yard. (4) Notwithstanding the provisoins of Subsection B (1) and (2) of this section, where the proposed berm is along a major street, as that term is defined ~.n subsection A106-13 of the Town of Southold Land Subdivision Regulations, the Planning Board may increase the height limitations of this subsection where it would be in the public interest by limiting- adverse impacts from noise or light op by Promoting aesthetic considerations. However, in no case shall a berm along a major street exceed ten (lO) feet. Permit. (1) ~i1 berms in exce~, of four (4) feet in height, except those requi'~'ed to be constructed in connection with the Planning Board's approval of a subdivision plat or site plan, ~hall require a building permit. - 89 - (2) All applications for 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 landscapmng 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 of the species to be planted. (3) Ail 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 and aesthetics. (4) IVithin 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) Ail provisions of this chapter relating to the building permits and construction shall apply to building permits for berms, except as provided in this section. 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 buildings 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 ~o this chapter; and all buildings containing nonconforming uses. Section 100-241. Nonconforming uses. Except as provided hereinafter, nonconforming use of building: or open land existing on the effective date of this chapter or authorized by a building permit issued prior thereto, regardless of change of title, possession, or occupancy or right thereof, may be continued indefinitely, except that such building or use: Shall no~ be enlarged, altered, extended, reconstructed~ or restored or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever, B. Shall not be moved ~o another location where such use ' would be nonconforming. C. Shall not be changed to another nonconforming use withou~ approval by the Board of Appeals and then only to a use which, in the opinion of the said Board, is of the same or of a more restrictive nature. Do Shall not be changed back to a less restrictive use, if changed to a more restrictive nonconforming use. Shall no~ be re-established if such use has been changed to or replaced by~ a conforming use. Shall not be repaired or rebuilt unless the use is changed ~o a conforming use if the nonconforming use is damaged by fire or other causes co the exten~ of of its fair value. Whenever a nonconforming use of a building or premises has been discontinued for a period of more than two (2) years or has been changed ~o a higher classification or to a conforming use, anything in this article to the contrary notwithstanding~ the nonconfirming use of such building or premises shall no longer be permitted unless a variance therefor shall have been granted by the Board of Appeals. Section 100-242. A. Nonconforming buildings with conforming uses Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming building containing a conforming use provided tha~: such action does noc create any nonconformance or increase the degree of nonconformance with regard to the regulations pertaining co such buildings. Recons&ruction of a d~)ged building. 1. A nonconforming bui?lding containing a conforming use been damaged by fire or other causes to the extent of more than 50~ of its fair value shall not be repaired or rebuilt unless such building is made substantially to conform to the height and yard requirements of the Bulk Schedule. Application for a permit to build or restore the damaged portion of any building damaged or destroyed as set forth in subsection B(1) above, shall be filed within one (1) year of the date of such damage, and shall be accompanied by plans for reconstruction which, as to such portion, shall comply with the requirements set forth above. If such permit is issued~ it shall lapse one (1) year thereafter unless reconstruction in accordance with the approved plans has been initiated. Section 100-243. Nonconforming buildings with conforming uses A. A nonconforming building containing a nonconforming use shall not be enlarged, reconstructed or structurally altered or moved, unless the use of such building is changed to a conforming 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 no~ be repaired or rebuilt unless the use of such building is changed to a conforming use. Section 100-244. Nonconforming lots· A. This subsection is intended to provide minimum standards for granting of a building permit for lots made nonconforming or continued in a state of nonconformance by the adoption of this Local Law, and that were singly and separately owned as of the effective date of this Local Law. B. A nonconforming lot separately owned and no5 adjoining any lot or land in the same ownership a~ the effective date of this Local Law and not adjoining any lot or land in the same ownership at any time subsequent to such date may be used, or a building or structure may be erected on such lot for use, in accordance with all the other applicable provisions of this Local Law, provided that proof of such separate ownership is submitted in the form of an abs5rac~ of title showing the changes of title to said lot, which abstract shall be in the usual form, shall be certiCied by an attorney or a company regularly doing such work in Suffolk County or by a corporation duly licensed to examine and insure title to real property in Suffolk County and shall contain a certification that no contiguous property was owned by an owner of the property involved since the date of any previously applic, able Zoning Law. Such lot shall be granted relief for fron~ side and rear yard dimensions as 'follows: 92 - Minimum Standards Lot Yard Area 20,000 to 40,000 (S.F.) less than 20,000 (S.F.) Coverage Width Depth Front Side Both Sides Rear 20% 120' 140' 40' 15' 35' 50' 20% 80' 100' 35' 15' 25' 35' In the case of single and separate ownership of a nonconforming lot located in a subdivision plat, approved after April 9th, 1957, by the Planning Board of the Town of Southold and filed with the County Clerk of Suffolk County, relief for all front, side and rear yard and area dimensions shall be granted to the exten~ that such front, side and rear yard and area dimensions were required at the time the map was originally filed with the County Clerk of Suffolk County. Section 100-245, Repairs and maintenance. Notwithstanding any of the foregoing regulations, nothing in this article shall be deemed to prevent normal maintenance and repair of any building, or the carrying out upon the issuance of a building permit of major structural alterations or demolitions necessary in the interest of public safety. Section 100-246. 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 movemenvs of uses or structures as a result of condemnation actions or other litigasion. 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 dwelling or for farming purposes and their accessory uses~ including home occupations, shall be used, constructed, enlarged,or moved until a site plan meeting all the applicable require- ments of this article has been approved by the Planning Board. In addition,any change in use or intensity of use which will affect the characteristics of the site in terms of parking, loading, access, drainage and/or utilities or any plan to alters building in a historic district or with hisvoric 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 Board~ no building permit sha] be issued by the Building Inspecvor except upon authorization of and in conformity with the site plan approval by the ~' Planning Board. Moreover, it is the intent that all problems arising within the limits of the job site will be completely resolved, redesigned and approved before any work is resumed. However, in the event the5 an error either of design or judgment becomes apparent during the progress of this work, the Planning Board through its representative, the Building Inspector, reserves the right to stop such work and direct such changes pursuant ~o Town of Southold specifications to correct such error. It is also understood, that the Planning Board or its representatives shall no~ be held ii. able 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 of the public in general and the residents of the immediate neighborhood in particular, and may prescribe appropriate conditions and safeguards as may be required in order that the result of its action may, to the maximum ex%env possible, further the expressed intent of this chapter and the accomplishment of the following objectives in particnlar: A. Traffic access. ThaL all proposed traffic accessways are adequate but no% 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. Inte~or circulation and parking. That adequate off-stre~ parking and loading s~ces are provided to satisfy the parking needs of the proposed uses on-site, and that the interior circulation system is adequate to provide conwenient access ~o such spaces co~Jistent with pedestrian safety. Ee Fe 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 re~ained to the maximum extent possible. Natural features. Due regard shall be paid to all natural features on and adjacent to the site, including~ but not limited to, drainage courses, wetlands~ marshes, dunes, bluffs~ beaches, escarpments, woodlands, large trees, unique plant and wildlife habitats, flood hazard areas and protection of ground and surface wa~ers. 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. Pavement. All plazas and other paved areas intended for use by pedestrians shall make use of such pavements and plant materiasl which could serve to encourage their use by pedestrians during all seasons of the year and shall not consist of undue expanses of pavement. Lighting. Ail outdoor lighting shall be of such a nature and so arranged as 5o preclude the protection of direct light and glare onto adjoining properties and streets. Public address or sound system. Any sound or public address system shall be such that no sound from system shall be audible on adjoining properties on on the adjacent street. Facades. Building facades shall be compatible with surrounding area. Drainage. The drainage system and layout proposal will afford an adequate solution to any drainage problems. Public Utilities. Plans for water supply and sewage disposal are adequate such that the internal water and sewer systems are adequate and that all wells, sewage systems and connections to Town systems are in accordance with Town and County standards. Existing developmen~ 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 $outhold. Aesthetic considerations. The design of all snruc~ures sha~ be compatible with that of surrounding structures. Compatibility shall be determined by a review of proposed (1) use of materials, (2) scale, (3) mass, (4) height, (5) color, (6) texture and (7) location of the snruc~ure or structures on the site. Handicapped access. The si~e plan and building design shall accommodate the needs of the handicapped and be i.n conformance with the Sta~e s~andards for constr~ction concerning the handicapped. Energy conservation. The si~e plan and building design shall maximize the conservation of energy. ' 95 - Section 100-253. A. Effect of approval. No building permit shall be issued for any s~ructure covered by this article until an approved site development plan or approved amendment of any such plan has been secured by the applicant from the Planning Board and presented to the Building Inspector. No certificate of occupancy will be issued for any structure or use of land covered by this article unless the structure is completed or the land is developed or used in accordance with an approved site developmen~ plan or approved amendment of any such plan. Should any site plan approval involve any matter requiring referral to the Suffolk County Planning Commission, then the matter shall be referred prior to final action by the Planning Board, to the Suffolk County Planning Commission in accordance with the applicable provisions of law. Section 100-254. Procedure. Presubmission conference· Prior %o the submission of a site development plan, the applicant or his agent shall meet with the Planning Board. The purpose of such conference shall be to discuss proposed uses or development in order to determine which of the site development plan elements shall be submitted to the Planning Board in order for said Board to determine conformity with the provisions and in~ent of this chapter. B. Waiver of required information. Upon findings by the _r_ Planning Board tha~, due to special condition peculiar to ~-- a site, certain of the information normally required as part of the' site plan is inappropriate or unnecessary~or that strict compliance with said requirements may cause extraordinary and unnecessary hardships, the Board may vary or waive the provision of such information, provided that such variance of waiver will not have detrimental effec%s on the public health, safety or general welfare, or have the effect ofnul~fying the intent and purpose of 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 following the pr·submission conference, nine (9) 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 Planni~g~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 deficient. 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 desermines said application ~o be complete, it shall within ten (10) business days of such determination, solicit commen~s and reviews from all agencies. The Planning Board shall also send a copy of the application to solicit commenss and review within thrity (30) days of the date of referral fromthe Town Trustees, Town Engineer, Superintendent of Highways, the Conservation Advisory Commission, Building Inspector, Fire DJs~ricu,or other municipal agency or disLrict potentially affected by the proposed development. Applications for condominium development shall be forwarded to the Suffolk County Planning Commission for their review and response within thirty (30Y'days of the dat.~, of.~,: referral. If the County Planning Commission makes a negative recommendation~ a Town Planning Board vote of a majority plus one is required. It shall certify ~ the Town Clerk that a complete application is on file with the Planning Board 96 Me No application shall be deemed complete until~ either a negative declaration has been made for the application pursuant to the State Environmental Quality Review Act (SEQRA) as implemented by Chapter 44 of the Town Code, or if a positive 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 SEQRA including the preparation of a final environmental impact statement. 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) days prior to the dates of such hearing by publication in the official Town newspaper. 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 the written consent of the applicant, or as may be permitted under the State Environmental Quality Review Act as implemented by Chapter 44 of the Town Code. Failure to act within said forty-five (45) days shall be deemed to be approval. Once approval has been granted by the Planning Board, one (1) translucen~ linen or mylar and six (6) 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. Amendments to a site developmen~ plan shall be acted upon in the same manner as the approval of the original plan. 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 building permit during this period shall cause the site plan approval to become null and void. Once a building permit has been issued, an approved site development plan shall be valid for a 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 issued before approval of a site development plan has been received from the Planning Board. 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. In the case of a variance application requiring a site plan approval, the site development plan application ., shal~ be subjected to a preliminary review in accordance with the above proced~'~e before recommendations are made by the Planning Board prior to action on said applications by ~he Board of Appeals. Building p~rmits xssued for variances shall be in accordance with the conditions established by the Board of Appeals. A statement shall be placed on all site plans approved by the Planning Board to the effect that the owner(s) agree(s) to comply with the plan and all conditions noted thereon. The required site improvements (all road~ paving and circulation, drainage~ utilities, outdoor lighting~ recreation areas, garbage collection station, landscaping and screening including planting and maintenance thereof for a minimum of one (1) year and a maximum of three (3) 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 Board approving the plan~ said resolution shall be deemed null and void. A cash guarantee shall be for 100~ of the cost of improvements. The said bond, surety or cash deposit shall be conditioned upon the property owner's or developer,s completing 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 for a period of one (1) year from their completion. In default thereof, the said bond or deposit shall be forfeited and the Town shall use the amount thereof to complete any incomplete portion of said work or to make sure repairs are undertaken as are necessary to assure proper functioning of said improvements; provided~ however, that if any amount of money remains after the Town has completed the said work~ such excess money will be returned to the surety' or the person putting up the required deposit. Said surety bond or cash deposit may be reduced by resolution of the Town Board upon the certification of the Town Engineer that one or more particular items required by the Town Board have been satisfactorily completed. Such reduction shall be in the ratio that the completed item or items bear to the total estimated cos5 of the required improvements. The installation of all improvements shall be under the direct supervision of a New York State registered architect or professional engineer. To obtain a building permit, an applicant shall provide to the Building Inspector proof of Town Board acceptance of guarantee. Nojpart 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. The site development improvements shall be fully completed in accordance with the approved plan before any new building or structure shown 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 Occupancy, which indicates that no building shall be occupied until a certificate of occupancy has been issued. 98 - 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 Quality 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 (1) inch equals forty (40) feet to be prepared by a New York State licensed Architect, Landscape A~chitect, Civil Engineer or Surveyor. The site plan shall include those of the elements listed ~ herein which are appropriate to the proposed development or uses as indicated by the Planning Board in the presubmission conference. This information~ in total, shall constitute the site plan. Multiple sheets may be utilized to present the information required. 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 graphic scale. e. Property description 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 angles shall be given to the nearest ten (10) seconds or closer. The error of closure shall not exceed one (1) in ten thousand (10~000). f. ~he locations, names and existing widths of adjacen5 streets and curblines. A separate map of location and owners of all adjoining lands, within five hundred (500) feet as shown on the latest tax records, at a scale of one (1) inch equals one hundred (100). feet. - 99 - Location, width and purpose ofall'existing and proposed easements, setbacks, reservations and areas dedicated to public use within or adjoining the property. i. Existing zoning, including zone lines and dimensions. 2. Natural features. Existing contours with intervals of two (2) feet or less, referred to mean sea lev~ as per USGS datum. Approximate boundaries of any areas subject to flooding or storm water overflows; tidal bays, ponds, and marshes, freshwater bodies and wetlands and streams. 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 diameter of eight (8) inches or more measured three (3) feet above the base of the trunk. Location of any existing cultural features enumerated~ in subsection E of Section 100-252~ and any other significan5 cultural features. 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 s~ree~s. 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 propergy. Other existing development features or structures including fences, landscaping and screeningl- The location and use of all buildings and ssruc~ures within 200 feet of the boundary of the subject property. Proposed development. a. The location of proposed buildings or structural improvements, indicating setbacks from all property lines and horizontal distances from existing StrUCtUreS. The location and design of all uses not requiring structures, such as off-street parking and loading areas and pedestrian circulation. The location, direction, power and time of use for any.proposed outdoor lighting or public address systen 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 conformace with the Town of Southold highway s~andards. ' f. Grading and drainage plans shall be based upon site rainstorm re~ent, ion, in conformance with the Town ' of Southold highway standards, contours and spot grade elevations ~o be provided. Landscaping, buffering and stree~ tree pans including material size, quantity and location. A list of plantings shall also be shown, as per the Town of Southold highway standards. Location of Water and sewer mains, electrical service and cablevision installations~ location of wager valves and hydrant and/or alternate means of water supply and sewage disposal and treatment. An indication that all storage areas for materials, vehicles, supplies, products or equipment shall be located in either a side or rear yard and that such areas are adequately fenced or screened. If the site developmenv plan indicates only a first stage, a supplemengary plan may indicate ultimate developmeng. 101. - 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 designed 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, community character and the natural environment~ before being permitted to come into existence. Similarly~ certain authorized uses may take on such diverse forms in their actual implementation that is wise to review and pass upon the adherence of each individual proposal to standards and guidelines previously established for the use involved. Finally, the case-by-case review achieved by use of the special exception approval mechanism can increase the flexibility and appropriateness of local development review, and better enable local officials to avoid negative consequences which sometimes arise from the otherwise lawful development or use of a 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 ou~ 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 for the particular special exception use set forth i.n 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 structurc shall be a special exception use requiring a special exception approval if the text of this chapter, or the Use Section hereof, denotes the use as being either the 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 for the same, and- the conditions imposed~in such approval as prerequisites to a building permit, if there be any, have been met. Section 100-262. Rules of conducc and procedure for special exception uses. An application for a special exception approval shall be on the form for same provided by the Building Inspector~ and shall be submitted in triplicate, together with the fee of $75.00~ to the Building Inspector who shall review the application for completeness and conformity with this chapter. The Building'Inspector shall reject the application if it is nog complete or not in conformance, and shall notify the applicant as to the reason for such rejection. If the application is sati. sfac~ory, the applicant and the Building Insepc~or shall forward the applications to the board having jurisdiction thereof. 102 Be 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 application is complete. Within sixty (60) days following the close of the public hearing, the board shall render a decision on the application. 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 approval is granted. No use which is not a special exception use hereunder shall be authorized by any:such approval. The approval may include reasonable conditions which the board determines to be necessary or appropriate to insure that applicable general and specific standards and safeguards set forth in this chapter for the use can and will be met and/or adhered to. A special exception approval shall be 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 requirement of new public notice of hearing. A continuing or permanent land use authorized by a special exception approval which use is undertaken or begun during the period of validity of such approval shall thereafter be deemed a lawful use~ as if the same were permitted by this chapter without the need for a special exception permit; provided, however, that: (1) Ail 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 over the same. 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 exception 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 hea~ing~ 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 in the application~ supporting papers or supporting testimony, or ignorance or misunderstanding of a material fact by the board~ which fac~, 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 ~o 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 -. d~scribed ~n the application. 103 - Section 100-263. General Standards. No special exception approval shall be granted unless the board having jurisdiction thereof specifically finds and determines the following: That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. That the use ~will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located, or of permitted or legally established uses in adjacent use districts. That the safety, the health, the welfare, the comfort, the convenience or the order of the Town will not be adversely affected by the proposed use and its location. That the use will be in harmony with and promote the general purposes and intent of this chapter. That the use will be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance. That all proposed structures, equipment and material shal be readily accessible for fire and police protection. Section 100-264. ~iatters to be Considered. . ~ .., In making such determination, consideration shall also be given, among other things%, to: ge The character of the existing and probabl development of uses in the district and the peculiar suitability of such district for the location of any of such permitted uses. De The conservation of property values and the encouragement of the most appropriate uses of land. The effecn thav 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. The availability of adequate and proper public or private water supply and facilities for the treatment, removal or discharge of sewage, refuse or other effluent (whether liquid, solid, gaseous or otherwise) that may be caused or created by or as a result of the use. Whether the use or the materials incidental thereto or produced thereby may give off obnoxious gases, odors, smoke or soot. F o Whether the use will cause disturbing emissions of electrical discharges, dust, light, vibration or noise· Whether the operation in pursuance of the use will cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, if existing or if proposed by the Town or by other compeuent governmental: agencies. - 104 - The necessity for bituminous-surfaced space for purposes of off-street parking of vehicles incidental to:.the use, and whether such space is reasonabl~ adequate and appropriate and can be furnished by the owner of 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 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. Whether the use or the structures to be used therefor will cause an overcrowding of land or undue concentration of population. Whether the plot area is suffici&nt, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof. Whether the use to be operated is unreasonably near to a church, school, theater~ recreational areas or other place of public assembly. M. Whether the site of the propsed use is particularly suitable for such use. 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. 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 wasve which the proposed use will generate. 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, sysvems or processes, and withou~ risk of pollution vo groundwater and surface wavers 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 such conditions and safeguards as it deems necessary or appropriate to preserve and protect the spirit and the objectives of this chapter. 105 - 29. Article XII, as renumbered Article XXVII is hereby amended to read as follows: ARTICLE XXVII Board of Appeals Section 100-270. Appointment; membership. The Town Board shall appoint a Board of Appeals consisting of five (5) members, as provided by Town Law. S~ction 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: Ae Appeals. To hear and decide appeals from and review any order, requirement, decision or determination made by the Building Inspector. 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. 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. 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 of the building Zone Map. Section 100-272. Additional conditions and safeguards. In deciding any matter before, 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. Section 100~273. Rules of conduct and procedure. The Board of Appeals shall,, consisten~ with the law. determine its own rules of conducu and procedure. Section 100-274. Fees. All applications to the Board of Appeals for any relief herein s~all be accompani.¢O by a fee of one hundred fifty ($150.00) dollars. Section 100-275. Notice of hearing. In all cases where the Board of Appeals ~s 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 %o 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. 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, blain Road, Southold, New York, and may then be examined during regular office hours. (7 A statement that a public hearing with respect to such petit%pn 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. In lieu of complying with the provisions of this section, written verified waivers of notice execused by the persons entitled to receive such notice may be filed with the Town Clerk at the time of filing the petition. Failure to comply with the provisions of this section shall not affect the validity of any action taken by the Board of Appeals. - lo7 - 30. Article XIV, as renumbered Article XXVIII is hereby amended to read as follows: ARTICLE XX¥III Administration and Enforcement Section 100-280. Administrative and enforcing officer. Ae 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 provisl, ons of this chapter and of the rules, conditions and requirements adopted or specified pursuant thereto. 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. Said Building Inspector shall keep 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. He shall report to the Town Board, at intervals of not greater 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. 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. At the request of the Town Board, the Building Inspector shall inspect any premises for the purpose of ascertaining whether or not exl. sting conditions comply with the provisions of this chapter and report, in writing, to said Board the results of his findings. 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 .100-281. 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 the provisions of all other applicable laws, ordinances, rules and regulations. Any building permit issued in violation of the provisions of this chapter shall be null and void and of mo effect without the necessity ~or any proceedings, revocations or nullification thereof; and any work undertaken or use established pursuant t~o the issuance of a permit in violation of the provisions of this chapter shall be invalid. Bo Applications. Every application for a building permit shall contain the following information and be accompanied by the required fee and each plot plan drawn to scale and signed by the person responsible for each drawing. If no such plot plan is available, a survey is required, prepared by a licensed engineer or land surveyor. If the Building Inspector deems it necessary that plans and specifications be examined to ascertain if the proposed building will comply with applicable building construction, housing and fire codes, he may require that plans and specifications be filed with the building permit application. (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, excep~ 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 50 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 thag the proposed construction will conform to-the provisions of this chapter. No building permit shall be issued fop the construction or alteration of any building upon a lot without access to a s~reeg or highway as provided by Section 250-a of the Town Law. No building permit shall be issued for any building where the site plan of the building is subject to approval by the Planning Board. excep~ in conformity with the plans approved by the said Board. No building permit shall be issued for a building in any district where such use is permitted by special exception unless and until such approval ]las been duly granted 'by the board having jurisdiction thereof. 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. 109 - The building permit application md a~ supporting documentation shall be made in triplicate. Upon the issuance of a building permit, the Building Inspector shall return one copy of all filed documents to the applicant. The Building Inspector shall, within (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 sta~e in writing to the applicant the reasons for such denial. Every building permit shall expire if the work authorized is no~ commenced within 12 months after the date of issuance, or has nov been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspecnor may authorize, in writing, the extension of the permit for an additional six months. Thereafter, a new permit shall be required. As soon as the foundation of a building or of any addition to an existing building is completed, and before first-story framing or wall construction is begun, there shall be filed with the Building Inspector an accurate survey, signed by the person responsible for said survey, showing the exact location of such foundation with respect to the street and property lines of the lot. No' further construction shall be performed until such survey is approved by the Building. Inspector. J. Permit fees. The following fees shall be paid upon the filing of an application with the Building Inspecto~ 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) Single-family dwellings.: (i) New dwellings and additions ko existing.dwellings; fifty dollars J$50;) plus fifteen cents ($0.15) for each square foot of floor area in excess of eight hundred fifty (850) square feet. (ii) Accessory buildings and additions and alterations to existing accessory buildings: twenty-five ($25.) plus fifteen cents ($O.15) for each square foot of floor area in excess of five hundred (500) square feet. (b) Earm buildings and additions and alterations to existing farm buildings: fifty dollars $50~) for each building. (c) Hotel, motel~ multiple dwellings and business, industrial and all other buildings: (i) New buildings and additions and alterations ~o existing buildings; one hundred dollars ($100.) plus twenty cents ($.20) for each square foot of floor area in excess of one thousand ~1,000) square feet. (ii) Accessory buildings and additions and alterations to existing accessory buildings: twenty-five dollars ($25.) plus fifteen cents ($0.15) for each square foot of floor area in excess of five hundred (500) square fee~. 110 - (d) Foundations constructed under existing buildings: seventy-five ($75.). (e) Swimming pools, together with required enclosure fencing: one hundred fifty dollars ($150.). (f) All other structures (i.e., fences, etc.) and additions and alterations to such structures: twenty-five dollars ($25.). (g) Signs: The fee for all signs, except signs permitted b~ ~ 100-30C (9) (a) shall be one dollar ($1.00) for each square foot of sign area, with a minimum fee of twenty-five dollars ($25.). (h) Demolition and/or removal and/or relocation of any building: ten dollars ($10.) minimum and five cents ($0.05) for each square foot in excess of three hundred (~00) square feet in floor area. (2) For the purposes of this subsection J~ cellars, decks, attached garages and any habitable area shall be included in the calculation of floor area. Section 100-282. Revocation of permit. The Building Inspector may revoke a building permit theretofore issued and approved in the following instances: Where he finds that there has been any false statement _ or misrepresentation as to a material fact in the application, plan or specifications on which the building permit was based. Where he finds that the building permit was issued in error and should not have been issued in accordance with the applicable law. Co Where he finds that the work performed under the permit is no~ being prosecuted in accordance with the provisions of the application, plans or specifications. Do Where the person to whom a building permit has been issued fails or refuses to comply with a s~op order by the Building inspector. Section 100-283. Seep orders. Whenever the Building Inspecvor has reasonable grounds ~o believe that work on any building or s~ruc~ure is being prosecuted in violation of the provisoins of the applicable law, ordinances or regulations, or not mn 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 resu~c~J, and may be served upon a person to whom it is directed either by delivering i.t personally ~o 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. lll Section 100-284. Certicicates of occupancy. A certificate of occupancy shall be applied for from the Building Inspector and it shall be unlawful to do any of the following until a certificate of occupancy is issued therefor~ to wit: (1) Occupancy and use of a building erected, reconstructed. restored, structurally altered or moved, or any change in use of an existing building. (2) Occupancy, use of any chan%e 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 Planning Board, unless and until such special exception or special permit approval or site plan approval has been duly granted. Every certificate of occupancy for which a special exception, special permit or site plan approval has been granted, or in connection with which a variance has been granted by the Board of Appeals, shall contain a detailed statement of any condition to which the same is subject. 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 buiding 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, show~ng the location of the building as built. Such certificate shall be issued within ten days after receip~ of the properly completed application, provided that the application states that all requirements of all other applicable codes or ordinances in effect are complied with. D. If the proposed use is Jn 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 receip~ of a properly completed applica- tion. 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 the fee hereinafter specified. Copies of such certificate will be issued upon the payment of the fee hereinafter specified. A certificate of occupancy shall be deemed to authorize and is r~uired for both initial occupancy and use of the building or land to which it applies. Upon written reques5 and upon payment of the fee hereinaft~ specified, 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, or any amendments therevo, certifying,., such use and whether or not the same and the building conform to the provisions of this chapter. 112 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. Certificate of occupancy fees. The following fees shall be paid upon the filing of an application with the Building Inspector for a certificate of occupancy~ which fees shall be paid into the general fund if the application is approved, or returned to the applicant if the applicatoin is denied: (a) Business buildings and/or business uses and additions and alterations thereto: fifty dollars ($50.). (b) New dwellings and additions and alterations thereto: twenty-five dollars ($25.). c) Accessory buildings and additions and alterations thereto: twenty-five dollars ($25.) d) Pre-existing dwellings: fifty dollars ($50.). e) Vacant land: twenty dollars ($20.). f) Updated certificates of occupancy by reason of additions or alterations: fifty dollars ($50.) g) Copies of certificates of occupancy issued five or less years ago: five dollars ($5.). h) Copies of certificates of occupancy issued more than five years ago: ten dollars ($10.). Section 100-285. Penalties for offenses. 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, con~ractor or their agents or any other person who commits, takes part or assists ~n the comm~ssion 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 $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 imprisonmen~ for a period no~ to exceed fifteen (15) days, or by both such fine and imprisonment. 113 31. 3¸2. 33. 34. Section 100-g$6. Remedies. In case any building or structure is erected, constructed, reconstructed, altered, cepaired, converted or maxntained, or any building, structure or land is used, in violation of this chapter or of any regulations made pursuant thereto~ in addition 5o other remedies provided by law, any appropriate action or proceeding, whether by legal process or otherwise, may be instituted or taken ~o prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, or to restrain, correct or abate shch violation~ or to prevent the occupancy of said building~ structure or land, or to prevent any illegal ac~, conduct, business or use in or abou~ such premises. 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. 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. Said Chapter 100 is hereby amended by adding a new Article thereto to be Article XXX ~o provide as follows: ARTICLE XXX Severability Section 100-300. Severability. Should any section or provision of this chapter be decided by the cour%s ~o be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole or any par~ thereof other than the part so decided to be unconstitutional or invalid. This Local Law shall take effect upon its filing with the Secretary of State. 114 (Complete the certification in the paragraph which applies to the filing of this local law and strike out the matter therein which is not applicabl.e..) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No.. fl. ..... of 19S.9. ...... of thea~ow~'n____ of Southold was duly passed by the Town Board ............................ '(~s~ ~;i £e~i;l;ii~ e'lio~l}~ ........... on ....J..a..nA4.a.r.Y...].O. ........ 19 ~.~ ..... 'in accordance with the applicable provisions of law. o (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Olficer,* or repassage after disapproval.) I hereby certify that the local law annexed hereto, designated as local law No .......... of 19 ........ County City of the of ................ Town Village was duly passed by the ......................................... (Nm'ne of Legislative Body) not disapproved and was approved repassed after disapproval by the ............................ Elective Chief Executive Officer* and was deemed duly adopted on .................................. 19 ......... in accordance with the applicable provisions of law. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No ......... of 19 ........ of the County City of ................ Town Village on ............................. 19 ........ was duly passed by the ......................................... (Name of Legislative Body) not disapproved and was approved repassed after disapproval by the ............................ Elective Chief Executive Officer* on .................................. 19 ..........Such local law was submitted to the people by reason of a mandatory permissive referendum, and received the affirmative vote of a majority of the qualified electors voting general thereon at the special election held on ............................. 19 ......... in accordance with the applicable annual provisions of law. (Subject to permissive referendum,'and final adoption because no valid petition filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No ......... of 19 ........ County City ' - . ........................................ of the Town of ................ was duly passed by the (Name of Legislative Body) Village not disapproved on ............................. 19 ........and was approved by the ............................ repassed after disapproval E~ecfive Chief Executive Officer* on .................................. 19 .......... Such local law being subject to a permissive referendum and no valid petition requesting such referendum having been filed, said local law was deemed duly adopted on ............................. 19 ........ , in accordance with the applicable provisions of law. *Elective Chief Executive Officer mrans or includes the chief executive officer of a county elected on a county-wide basis or, if there be none, the chairman of the county legislative body, the ma,:or of a city or village or the supervisor ola town where such officer is vested with power to approve or veto local laws or ordinances. (2) (City local law concerning Charter revision proposed by petition.) ! hereby certify that the local law annexed hereto, designated as local law No .........of 19 ........ of the City of ................................. having been submitted to referendum pursuant to the 36 provisions of~37 of the Municipal Home Rule Law, and having received the affirmative vote of a special. majority of the qualified electors of such city voting thereon at the general election held on ............ ............ 19 ......... became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No ......... of 19 ......... of the County of ..................... , State of New York, having been submitted to the Electors at the General Election of November ............ ~ 19 ....... pursuant to subdivisions 5 and 7 of section 33 of the Municipal. Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certifica- tion.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph ...... J. ..... above. Date: January 11, 1989. ~'k~of~e County legislative body, City, Town or'age Clerk or officer designated by local legislative body Judith T. Terry, Town Clerk (Seal) (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF..S...U. EF..O..L..K.. ................ I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. James A. Schondebare, Town Attorney Title Date: January 11, 1989 (~%x of Southold - Town (3) LEGAL NOTICE ,~NOTICE OF PUBLIC HEARING ON LOCAL LAW PUBLIC NOTIC~ IS HF~JI~Y GIVEN ~hat the Town Bo~mi ~ Town of Sc~thold will hold a ~ hear~g ~ #A Local L~w lo ~ the Seuthold Town Zon~ Code the Z(ming Map incorporated Ibem~ to implemem in whole or in pm, reccmmmdadoas of the Maste~ Update prepared by the Plam~ Beard~, ca the 1st day of December, 1988, ~ 3:00 P.M. ami 7:30 P2~ a~ the Somhold Towa Hall Main ~ So~thold. New York. at wbick ~ Tho purpose of this proposed ldml Law is as follows: The proposed Local Law is oran- Master Plan Update of 1985. The placed by sixtee~ new zoflin~-dis- tricu, while thc Affordable tteuSbq DisLfict (AHD) ~n~. In Site Plan Approval, Special ~ ~io~s and L~ndscaping. Sc~.~ ~ Map will be ~ultan~oudy ~ Copieg of the propo~d ~- Copie~ have also be~n pl~l ia STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Christina Contento of Mattituck, in sald County, being duly sworn, says that ha/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattltuck, In the Town of Southold, County 'of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regulate/published In said Newspaper once each week for 2 weeks successively, commencing on the ]-7 day of Principal Clerk Sworn to~ of COUNTY OF SUFFOLK ss: STATE OF NEW YORK fl~ LEGAL NOTICE nF~n~G ON ~ LAW PUBLIC NOTICE ' IS HERE~, OIV~ t~t ~e ~ ~ ~f~ ~ of ~tho~ ~ h~' ap~c h~ on "A ~ ~w to i~ ~e ~d ~e ~ Map m~t in whole or in p~, the ~m~ of PI~ U~ p~ ~ the of ~, 1~8, at 3:~ P.M. ~d 7~ ~M., ~ ~ ~uthold Town Hall, Main Road, Southol~ ~ York, at which time ~1 ~t~ ~om will ~ h~. The p~ of ~ pm~s- ~ ~ ~w ~ ~ f~ The ~ ~ ~w is ~ompfi~ of a ~mp~h~si~ set of ~ ~en~en~ to da2 of 1983. zo~ ~s w~le the A~le Hous~ D~tr~ (AHD) ~m~. In to the t~ of A~ S~ ~ions Buffer ~o~. A i~ M~ will ~ simul~usly ~op~ ~fl~ the n~ ~n- lng ~s~i~. Copies of the proposed ~m~s ~ ~ in the interested persons during busin~ hours. Co~ ha~ ~ ~n pl~ in the Fl~d M~ofial Lib., G~, ~e ~ut~M F~ Lib., S~hold, the ~h- ogue F~ Lib., Cu~gu~ the M~tituck F~ Lib., Mattituck, and the Fishers Island F~ Lib., Fishe~ Isled. DATED: N~m~r I, JUDI~ T. ~RRY SOU~OLD ~N ~LE~ 1X, 11/17/88 (2) Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ....................... {~... weeks successively, commencing on the ........... ..~ .? ....... day o .~..~..~.~ ..... 1 9 .~.f~.. ",\ Sworn to before me this ......... f~ ~ ........ day of ...... ..... Notary Public BARBARA A, SCHNEIDER NOIAR'( PUBI!S, S',:te of New York . ,~ NOI'ICE OF PUBLIC LAW · ~UBL~C NOTICE IS ~I~REBY GIVEN that the ~n ~of the ~wn of ~thoid ~11 hold a public ~i~ on "A~ ~w to ~d ~uthold ~wn m~ ~:~,~e ~ Map _~nt in whole or in ~, the ~mm~fio~ of the Mast~ ,~ U~am p~a~ ~ the ~ ~ on tbe i~t d~y offS, 1~ at 3:~ P.M. ~ 7:~ P.M., ~ the Southold '~n ~il; Main ~ad, ~0[d/N~ York, at which 't~e ~1 inte~sted ~ will ~ ~h~. ~!The pur~se of this propos- ed ~al ~w is as follows: ' ~e pm~sed ~ ~w is '~mpfis~ of a ~p~ive ~ of ~Mng mendments to ;impl~t lhe M~ter pl~ Up- 'date of 198~: The ~isting eight :zonin~ distri~s m ~plac~ by 's~t~ n~ zoMng districts, while th~ Affo~ab~~ ~ing ~stfi~ (AHD)~ns. In ;~fio~ ~ts m made m the ~t of the ~ ~n- i~ c~e~ ~ Site Pl~ App., 'S~ E~ptions ~d A~n- Map wi~ ~ ~l~neOusly the n~ ~n- of the proposed COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ..................... ./. .... weeks successively, commencing on the ............ ~ ~...~.... Sworn to before me this .. ..~).3'~J ................... day of ..... ....... .¢C Notary Public ~ARBARA A, SCHNEIDER NOTA~ v F'(J~IIC, State of .New Yor~ Nc~, ~$06846 C:~ dm~uffo~kCouB[y persons during GreenpOrt, the So.hold Free Library, Southold, the Cutch- ogue Free Library, Cutchogue, the Matti~uck Free Library, Mattituck, and the Fishers Island Free Library, Fishers Island. DATED: November 1, 1988. JUDITH T. TERRY SOUTHOLD TOWN CLERK BAY Sheba ~ ZONING MAP ,T©~ ©~ SUFFOLK COUNTY NEW YORK /$ ROBINS ISLAND R-400 / $OUT~OLD L I T TL£ P£GONIG · Sheet C ' / '~'" ZONING MAP .... "- SUFFOLK COUNTY NEW YORK ZON I NG MAP -- ~-. -. ¥©~ ©[~ ~©©Y[~©~I~ SUFFOLK COUNTY NEW YORK FISHERS ISLAND Sheet E .... ZONING MAP SUFFOLK ' COUNTY NEW YORK ZONING MAP RUFFOLK COUNTY NEW YORK