HomeMy WebLinkAboutLL-1990 #08LOCAL LAW , 1990
A Local Law in Relation to Zoning.
BE IT ENACTED by the Town Board of the Town of Southold as
follows:
I. Chapter 100-13 (Zoning) of the Code of the Town of
Southold is hereby amended as follows:
1. Dwelling, One-Family - A detached building con-
taining one (1) dwelling unit only consisting of
a minimum living area of 850 square feet.*
aelling, Multiple - A building or portion th~eo~
ntaining three (3) or more dwelling units, each
it consisting of a minimum living area of'85-~--/
re feet.
II. This Local law shall take effect upon its filing with
the Secretary of State.
* Underscoring indicates addition to existing definition.
Date 5/22/90
Local Law(s) No.__ 8
Year__ I99~0
Municipality Town of Southold
Please be advised that the above-referenced material was received and filed by
this office on -- _-SZll/RO .
Additional forms for filing local laws with this office will be forwarded upon
request.
MA¥29
NYS Department of State
Bureau of State Records
(Please Use this Form tor 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.
own
of Southold
Local Law No ....... .8. ................ o! the ~ear 199.0. ........
end Definition of One-Family Dwelling
A local law to Am .....................................................................
(Insert title)
Be it enacted by the Town Board ............ o! the
{Name of Legislative Body)
Southold as follows:
I. Chapter 100 (Zoning) of the Code of the Town of'Southold is hereby amended as
follows:
1. Section 100-13.B. is hereby amended to read as follows:
DWELLING, ONE-FAMILY -- A detached building containing one (1) dwelling
unit only consisting of a minimum living area of 850 square feet.
II. This Local Law shall take effect upon its filing with the Secretary of State.
(I[ additional space is needed, please attach sheets of the same size as this and number each)
(1)
(Complete the certification in the paragraph *'hich applies to the filing of this local la*' and strike out the matter
therein ~'hich is not applicabl,e.)
1. {Fi'nal adoption b)' local iegislatbe bod)' onl)',l
I hereby certify that the local law annexed hereto, designated as local law No ..... 8.... of 19.9..0 .....
Town Board ....
of the Town of ... $o~thold .... was duly passed by the ............ (N~ ;f'£e~i's]~i;/~i~;d;'; ......
on ...... &p.r. ij...2..%. ......... 19 .9.0. ..... in accordance with the applicable provisions of lab'.
(Passage by local legislatixe hod)' ~'ith approval or no disapproval by Elective Chief Executi~'e Officer,*
or repassage after disapproxal.I
! hereby certify that the local law annexed hereto, designated as local law No .......... of 19 ........
Count)'
.. City
o~meTown of ................
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*
and was deemed dui)' adopted on .................................. 19 ......... in accordance with the applicable
provisions of la~.
(Final adoption b) referendum.}
I hereby certify that the local lab annexed hereto, designated as local lab' No ......... of 19 ........
Count)'
h City
oft eTob. n of ................
Village
on ............................. 19 ........
was dui)' passed by the .........................................
(Name of Legislati~ e Bod)}
not disapproved
and was approved
repassed after disapproval
by the ............................
Elective Chief l:xecmi~e Officer'
on .................................. 19 .......... Such local lab, was submitted to the people by reason of a
mandatory referendum, and received the affirmative vote of a majority of the qualified electors voting
permissive
general
thereon at the special election held on ............................. 19 ......... in accordance with the applicable
annual
provisions of la~
(Subject to permissive referendum, and lin'al adoption because no valid petition filed requesting relerendum.)
I hereby certif)' that the local law annexed hereto, designated as local law No ......... of 19 ........
Count)'
f h City
o t e Town of ................
Village
was duly passed by the .........................................
(Nam~ of Legislative Body)
not disapproved
and was approved
repassed after disapproval
by the ............................
Elective Chief Executive Officer'
on: ........................... 19 ......... Such local law was subject to a permissive referendum and
no valid pemion requesting such referendum was filed as of ............................ 19 .........
in accordance with the applicable provisions of law.
"Electbe Chief Executbe Officer means or includes the chief executive officer of a county elected on a count?wide basis or. if
there be none. the chairman of the count3 legislative boO), the ma)or of a cid or village or the supervisor of a town where such
officer is }ested ~ith po~er to app ro~e or ~eto local la,as or ordinances.
(2)
5. {Cit.v local law' concerning Charter revision proposed by petition.)
I 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
provisions of Il76 of the Municipal Home Rule Law, and having received the affirmative vote of a
special.
majority of the qualified electors of such~cityvOting thereon at the general election held on ............
............ 19 ......... became operative.
6. (CounD 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
MunicipaI Home Rule Law, and having received the affirmati ve 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 ............. above.
Date: April 24, 1990
Clerk of the Coumx ]egzslaIive body, City. ~ n or Village Clerk or
ofhd.'r designated by local legislative bodx
Judith T. Terry, Town Clerk
{Seal l
(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. ?.?..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 enact}'nent 9f the local law annexed hereto.
Signature
. .M.a.t. the..w' .G.:..K.i.e.r.n. ,a.n.,..A..s.sj.s.t.ap.t..T. 9~n...A. tt.o.r, qey
Title
Date: April 24, 1990
~xx of
Town
~x
Southold
(3)
PUBLIC HEARING
April 24, 1990
8:00 P.M.
IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO ZONING".
Present:
Supervisor Scott L. Harris
Councilman George L. Penny IV
Councilwoman Ruth D. Oliva
Councilwoman Ellen M. Larsen
Councilman Thomas H. Wickham
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
Absent: Justice Raymond L. Edwards lout of townl
SUPERVISOR HARRIS: It's eight o'clock. We're now in the public hearings. The
first public hearing of the evening in entitled, "A Local Law in Relation to
Zoning", amending Chapter 100 Section 100-13.b to the Code of the Town of
Southold. Ruth, would you like to read it?
COUNCILWOMAN OLIVA: "Notice of Public Hearing on Local Law. Public Notice is
hereby given that there has been presented to the Town Board of the Town of
Southold, Suffolk County, New York, on the 27th day of March, 1990, a Local
Law entitled, "A Local Law in Relation to Zoning". Notice is further given that
the Town Board of the Town of Southold will hold a public hearing on the aforesaid
Local Law at the Southold Town Hall, Main Road, Southold, New York, on the 24th
day of April, 1990, at 8:00 o'clock P.M., at which time all interested persons
will he heard.
This proposed "Local Law in Relation to Zoning" reads as follows:
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 100 IZoningl of the Code of the Town of Southold is hereby
amended as follows:
1. Section 100-13.B. is hereby amended to read as follows:
DWELLING, ONE-FAMILY --A detached building containing one
II)dwelling unit only consisting of a minimum living areas of
850 square feet.
II. This Local Law shall take effect upon its filing with the
Secretary of State. Copies of this Local Law are available in the Office
of the Town Clerk to any interested persons during business hours. Dated : April
10, 1990. Judith T. Terry, Southold Town Clerk." I have an affidavit of
publication in the Suffolk Times, and in the Long Island Traveler-Watchman, and
an affidavit from the Southold Town Clerk, that has been posted on the Town
Clerk's Bulletin Board. There are public communications, one from the Suffolk
County Department of Planning. Gentlemen: Pursuant to the requirements of Sections
A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced
application which has been submitted to the Suffolk County Planning Commission
is considered to be a matter for local determination. A decision of local
determination should not be construed as either an approval or a disapproval.
Very truly yours, Arthur H. Kunz, Director of Planning. We have, also, a
communication from the Chairman of the Planning Board. Bennett Orlowskl,
Jr., dated April 10. 1990. The Planning Board has been askedfor its
recommendations on a proposed amendment to Chapter 100-13 of the Zoning Code. The
proposed change will result in the imposition of minimum living area o~ 850 square
feet on all dwelling units, whether they be one-family dwellings or multiple
dwellings. The following resolution was adopted at the Planning Board's public
meeting on April 9. 1990. WHEREAS the legislative intent appears to prevent the
construction of dwelling units of less than 850 square feet in living area; and
WHEREAS the Planning Board finds that where single family dwellings are concerned,
this requirement for a minimum floor area is not unreasonable; and WHEREAS it also
finds that where multiple dwelling units are concerned this restriction is
unreasonable, in that it would prevent the conversion of existing structures in
appropriate zones into affordably sized and priced dwelling units, BE IT
RESOLVED that the Planning Board recommends approval of the proposed amendment of
the definition for the one-family dwelling only, and FURTHER that the Planning
Board recommends denial of the proposed amendment of the multiple dwelling
definition. BE IT ALSO RESOLVED that the Planning Board recommends that the
minimum floor area statedi in the Bulk Schedule for Residential Districts be
revised to allow 400 square feet per multiple dwelling unit in all residential
districts where multiple dwelling units are permitted except for the Resort
Residential and Residential Office districts. I, also, have a memorandum from the
Town Planner, Valerie Scopaz, dated April 16, 1990. In reviewing the draft
Local Law that is scheduled for a public hearing on April 24th, I noticed that
the draft uses a term that is not defined in the Town Code. The Definition
section of the Code, ISection 100-13) and the Bulk Schedule for Residential
Districts, both use the term "livable floor area" or "floor area, livable" to
identify those square feet per dwelling unit that are counted towards the minimum
required floor area per unit. However, the draft law uses the term "living area",
which is not used or defined elsewhere in the Code. Inasmuch as I was not part of
any discussions that may have taken place , in either the Legislative Committee's
meetings or the Town Board's work sessions, during which the decision to use this
wording was reached I do not see why the undefined term "living area" is being
used instead of the already defined term "livable floor area". In what way will a
"living area" be differenl~ from a "livable floor area"? Experience in working
with a Zoning ordinance and with the public has shown that the use of similar, but
different, term will be a source of confusion to anyone who reads the Zoning
ordinance, whether they be attorneys or homeowners; whether they be holders of
doctorate degrees or high school diplomas, unless each of the terms is carefully
defined. The use of terms within a Zoning Code should be internally consistent;
that is: terms should be defined precisely and terms should be used as they are
written in the Definition section of a Zoning Code. There should be no ambiguity
or looseness in the use of the language. For instance, note that our Zoning
ordinance defines "floor area, livable" as a distinctly different term from "floor
area, livable". (See attached copy of page 10020 of the Zoning ordinance.) If
there is a significant and valid reason why the term "living area" must be used
instead of the term "livablle floor area", then I suggest that the new term be
defined in Section 100-13. If there is no reason for the change, then I suggest
that that the currently defined term of "floor area, livable" be used instead. If
I can be of assistance in this matter, please do not hesitate to let me know.
believe that's all the communications we have.
SUPERVISOR HARRIS: Thank you, Ruth. At this time, I'd like to open it up to the
public to anyone, who would like to address the Town Board on this public hearing.
(No response.) Seeing none, George, would you like to elaborate a little bit
about exactly what this is? I know everybody heard it. but I don't know if they
understand it.
COUNCILMAN PENNY: There's a lot of communications on something, that already
exists in the Code. and all we did was take the 850 square feet out of the bulk
and parking schedule, and put it in the definition of the Code. and as you can
see. bureaucracy being what it is. it's generated an awful lot of time and paper
work at taxpayers' expense, so it's been an education.
SUPERVISOR HARRIS: Okay. hearing no public response. I'll declare this public
hearing closed.
LEGAL NOTICE
NOTICE OF
PUBLIC ltF_,~RING
PUBLIC~eby
to the Town BoaM~f d~ Town of
Southold, Suffolk County, New
York, on the 2?th day of March,
1990, a Local Law entitled, "A
Local Law in Relation to Zoning-.
NOTICE IS FURTHER GIVEN
that the Town Board of the Town of
Somh~d will hem a public healing
on the aforesaid Local Law at the
Southold Town Hall, Main Road,
Southold, New York, on the 24th
day of April, 19~0, at 8:00 o'clod~
P.M., at which time all interested
pcrsons will b~ ~
BE IT ENA~I~/tl~ Town
Board of tim T~a ~uu~old as
follows:
L Otal~r 100 (Zonln~) of the Code
of the Town of ,~thold is hereby
DWELLING, ONE-FAMiLY
co~taining one (1) dwellthg
tm~t ~ cemsi~ting of a mini-
mum living area of $50 square
This Loc~ Law shall ~ke effect
~pen its fdin~ w~ thc Sec~my
.~oples of ~is Local Law are
hbk h ~ ~fi~ ~ ~e To~
· ~ ~y ~s~ ~s dt~r-
~s~s h~.
~ A~ ~0.~.
~D~ T. T~Y
~0~ ~ C~
STATE OF MEW YORK)
)SS:
CO~TY OF SUFFOLK)
~'Co/~, ~ein~g duly sWo~-n,,t~that he/she is Principal
Clerk'~f THE SUFFOLK TIMES, a Weekly Newspaper,
published at Mattituck, in the Town of Southold, County of
Suffolk and State of Mew Yor~ and that the Notice of which
the annexed is a printed copy, has been regularly published in
said Newspaper once each week for / weeks
succ(~, co mmen.~ng on the ///~- day of
-/,
Prlnclpel Clerk
Sworn to~zef~re me this
dayof ~.~J t~'~v
LEGAL NOTICE
NOTICE OF
PUBLIC HEARING
ON LOCAL LAW
PUBLIC NOTICE is hereby
given that there has been
presented to the Town Board of
the Town of So~thold, Suffolk
County, New York, on the 27th
day of March, ~ a Local
Law entitled, "A ~ I~m la
~latlon to Zodml.',~
NOTICE IS FURTHER
GIVEN that the To~n Board of
the ~T~w~ ~.of .~o~lold ~ hold
Hall, Main Road, Southold,
New York, on Ihe 14th d~y of
Apr,, 1~0, at ~0 o'dneh
P.~L, at which time all interested
This propoaed "Local Law in
Relation to Zoning" reads as
follows:
BE IT ENACTED by the
Town Board of the Town of
Southoki as follow~:
I. ~ 100 (Zoning) of the
Code of the 'lbwn of Southold
is heseby amended as follows:
I. Section 100q3.B. is hereby
an~nd~d to read as follows:
DWELLING, ONE-FAMILY
.-- A detached b,,i!a~ng enntaln-
m$ one (1) dwelling unit only
eousist~ of a minimum living
area of 8~0 square feet.
II. Thia Local Law shall take
effect upon its filing with the
S~¢mary of State.
Copies of this Local Law are
available in the Office of the
Town Clerk to any inte~sted
persons during business hours.
DATED: April 10, 1990
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
IX-4/19/90(13)
COUNTY OF SUFFOLK
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 /~' ~q-
Sworn to before me this /'c~ -~
..................... day of
Notary Public
BARBARA A, SCHNEIDER
NOT~;"Y FUBUC, State of New York
N~. 4806846
Cul;:;n;:;,.;cn Expires ffy~3 ~/ga