HomeMy WebLinkAboutLL-1990 #13 LOCAL LAW 13 , 1990
A Local Law in Relation to Zoning Definitions.
BE IT ENACTED by the Town Boar~ of the Town of Southold as
follows:
I. Chapter 100 (Zoning) of the Code of the Town of Southold is
hereby amended to read as follows:
1. Section 100-13 (Definitions) is hereby amended by adding
the following definitions:
APARTMENT - an entirely self-contained dwelling unit
consisting of a minimum of 450 square feet of living
area containing complete housekeeping facilities for
only one i(1) family, including any domestic servants
employed~on the premises and having no enclosed space
(other than vestibules, entrance hallways or porches) or
cooking ar sanitary facilities in commo '
"dwelling unit" and/or apartment, n with any other
APARTMENT HOUSE - A building arranged, intended or
designed to be occupied by two (2) or more families
living independently of each other in apartments.
LIVING AREA - See "Floor Area, Livable".
HABITABLEiFLOOR AREA - See "Floor4Area, Livable".
2. Section 1D0-13 (Definitions) is hereby amended by amend-
ing the following definition:
DWELLING UNIT - a building or entirely self-contained
portion thereof consisting of a minimum living area
of 850 square feet containing complete housekeeping
facilities for only one (1) family, including any
domestic Servants employed on the premises, and hav-
ing no enClosed space (other than vestibules, entrance
or other hallways or porches) or cooking or sanitary
facilities in common with any "dwelling unit". A house
trailer, ~ boarding- or rooming house, convalescent
home, fraternity or sorority house, hotel, motel, inn,
lodging or nursing or similar home or other similar
structure shall not be deemed to constitute a
"dwelling~unit',.
II. This Local LaW shall take effect upon its filing with the
Secretary of State.
7/~ 0
Date __
12 & 13
Local Law(s) No.
i9~0
Year
Town o:c Southold
Municipality
Please be advised that the.ab.oye-~e, ferer,ced material was received and filed by
this office on o / z3 7 ~o' .
Additional forms for filing local laws widt this office will b~rwarded upon
request.
Kt
NYS Departmenl of State
Bureau of State Records
{Please Use this Form for Filing your Local Law with the Secretary ol State)
Text of law should be given as amended. Do not include matter being
eliminated and do not use italics or underlining zo indicate new matter.
X~T~(X X_~ Southold
Town o, .........................................................
Local Law No ....... .1.3 ................ of the year 19 .9.0 ........
(Insert title)
Be it enncted by the Town Board ..... - ... of the
(Name of Legislative Body)
~:R~XX_,, Southold ~s lol|ows:
Town o, ...........................................................................
I. Chapter 100 (Zoning) of ~he Code of the Town of Southold is
hereby amended to read as follows:
1. Section 100-13 (Definitions) is hereby amended by adding
the following definitions:
APARTMENT - an entirely self-contained dwelling unit
consisting of a minimum of 450 square feet of living
area containing-complete housekeeping facilities for
only one (1) family, including_~any-domestic servants
employed on the premises and having no enclosed space
(other than vestibules, entrance hallways or porches) or
cooking or sanitary facilities in common with any other
"dwelling unit" and/or apartment.
APARTMENT HOUSE - A building arranged, intended or
designed to be occupied by two (2) or more families
living independently of each other in apartments.
LIVING AREA - See "Floor Area, Livable".
HABITABLE FLOOR AREA - See "Floor Area, Livable".
2. Section 100-13 (Definitions) is hereby amended by amend-
ing the following definition:
DWELLING UNIT - a building or entirely self-contained
portion thereof consisting of a minimum living area
of 850 square feet containing complete housekeeping
facilities for only one (1) family, including any
domestic servants employed on the premises, and hav-
ing no enclosed space (other than vestibules, entrance
or other hallways or porches) or cooking or sanitary
facilities in common with any "dwelling unit". A house
trailer, a boarding- or rooming house, convalescent
home, fraternity or sorority house, hotel, motel, inn,
lodging or nursing or similar home or other similar
structure - shall not be deemed to-constitute a
"dwelling unit".
II. This Local Law shall take effect upon its filing with the
Secretary of State.
(if additional space is needed, please attach sheets of the same size as this and number each)
O)
(Complete the certification in the paragraph which applies to the filing of this local law and strike out the matter
therein which is not applicable..)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No... J.3.... of 19 9.{] .....
.. X~XX ~ . ......................................................
ottneTown ol Southold ~vas duly passed by the Town Board ..
~ tName of Legislative Body)
on .....J..u..n..e...'l.9. ~. ........... 19 ..9.0...'. ;~in adcordance with the applicable provisions of law.
{Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,*
or repassage after disapproval.)
I hereby certify that the local law annexed hereto, designated as local law No .......... of 19 ........
County
_ . City ................................
of trte Town of ................ was duly passed by the ......... (Name of Legislative Body)
Village
not disapproved
on ............................. 19 ........and was approved by the ............................
repassed after disapproval 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 ........
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 Elective Chief £xecutive Officer*
on 19 ..........Such local law 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 law. '
o
(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 ........
ofthe
County
City
of ................
Town
Village
was duly passed by the ............ '{g;~; ;i£e~'~t~fi~e'go'~,; ...........
not disapproved
and was approved
repassed after disapproval
by the ............................
Elective 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 means or includes the chie! executive officer of a county elected on a county-wide basis or, il
there be none, the chairman of the county legislative body, the mayor of a city or village or the supervisor o[ a 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.)
I hereby certify that the local law annexed hereto, designated as local law No ......... of 19 ........
of the Ciiy of ................................. having been submitted to referendum pursuant to the
§36 of
provisions of §37 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 providean appropriate certifica-
tion.)
! 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 ..... .1. ...... above.
Date: June 19, 1990
officer'designated lay l~Jcal I~gisla¥ive 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. ?..F..O...L..K. .................
!, the undersigned, hereby certify that the foregoi0g local law contains the correct text and that all
proper proceedings have been had or taken for the ena~t~n~t-of ~h]~ local law annexed hereto-
·
ff [ Signature
Matthew G. Kiernan, Assistant Town Attorney
Titl~
Date: June 19, 1990
XXLgXX of
Town
Southold
O)
PUBLIC HEARING
SOUTHOLD TOWN BOARD
June 19, 1990
8:02 P.M.
IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO ZONING
DEFINITIONS".
Present:
Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilman George L. Penny IV
Councilwoman Ruth D. Oliva
Councilwoman Ellen M. Latson
Councilman Thomas H. Wickham
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
SUPERVISOR HARRIS: The second public hearing of the evening is a "Local Law
in Relation to Zoning Definitions. This deals with clarification of the Code, as
it exists now. George, would you like to read the proof of publication?
COUNCILMAN PENNY: "Public Notice is hereby given that there has been presented
to the Town Board of tl~e Town of Southold, Suffolk County, New York, on the
23rd day of May, 1990, ia Local Law entitled, "A Local Law in Relation to Zoning
Definitions". Notice is i~urther given that the Town Board of the Town of Southold
will hold a public hearir~g on the aforesaid Local Law at the Southold Town Hall,
Main Road, Southold, N~w York, on the 19th day of June, 1990 at 8:02 o'clock
P.M., at which time all interested persons will be heard. This proposed "Local
Law in Relation to Zoninig Definitions" reac~as follows:
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 100 (Zoningi) of the Code of the Town of Southold is hereby
amended to read as ifollows:
1. Section 100-13 i(Definitions) is hereby amended by adding the follow-
ing definitions:
APARTMENT -an entirely self-contained dwelling unit consisting of
a minimum of 450 square feet of living area containing complete
housekeeping facilities for only one (1) family, including any
domestic servar~ts employed on the premises and having no enclosed
space (other titan vestibules, entrance hallways or porches) or
cooking or sanitary facilities in common with any other "dwelling
unit" and/or al~artment.
APARTMENT HOUSE - A building arranged, intended or designed to
be occupied by two (2) or more families living independently of each
other in apartrdents.
LIVING AREA + See "Floor Area, Livable".
HABITABLE FL
2. Section 100-13
following defini
DWELLING UNI
thereof consisti
containing com[
including any
OOR AREA - See "Floor Area, Livable".
[Definitions) is hereby amended by amending the
tion:
F - a building or entirely self-contained portion
ng of a minimum living area of 850 square feet
,lete housekeeping facilities for only one (1) family,
[omestic servants employed on the premises, and
Pg 2 - LL in relation to zoninn definitions
having no enclosed space (other than vestibules, entrance or other
hallways or porches) or cooking or sanitary facilities in common with
any "dwelling unit". A house trailer, a boarding -or rooming
house, convalescent home, fraternity or sorority house, hotel,
motel, inn, lodging or nursinQ or similar home or other similar
structure - shall not be deemed to constitute a "dwelling unit".
II. This Local Law shall take effect upon it 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: June 5, 1990. Judith T. Terry,
Southold Town Clerk." I have an affidavit of publication from The Suffolk Times,
an affidavit of publication from The Traveler-Watchman, an affidavit of posting
by the Town Clerk, that it's been posted on the Town Bulletin Board for the
appropriate time. There's the following communications, from 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 determina-
tion should not be construed as either an approval or disapproval. Very truly
yours, Arthur H. Kunz~ Director of Planning. From the Southold Town Planning
Board, to Judith T. Terry, Town Clerk, from Bennett Orlowski. Re: proposed
Local Law in Relation to Zoning Definitions, date June 5, 1990. At its meeting
on June 4th, the Planning Board resolved to recommend acceptance of the proposed
new and amended definitions for Apartment, Apartment House, Living Area,
Habitable Floor Area and Dwelling Unit. There's no further commications.
SUPERVISOR HARRIS: Thank you. Is there anybody at this time, who would
like to speak either for or against this local law change? (No response.) Seeing
none, I declare this public hearing closed.
Southold Town Clerk
lnJBIJC NOTICE IS HBRBBY
GIV~[ that ~e~ has ~ ~-
~ to the Town B~ ~ ~e
~, ~ ~e ~d ~y ~ ~y,
a Locnl Law entitY. ~A
Law In Re~ to ~
~ T~ ~ ~e T~ ~
~ w~ beM a public ~
af~said L~al ~w ~ ~
~l~d Town HaH, Main R~d,
~old, New Yo~, on ~ 1~
IT ENACTED by th~ Town
of ~e To~ of S~d as
of~e T~ ~d ~ ~
AP~ ~ ~ ~
ly ~-~ d~ ~
containin~ complete h~se-
k~g fac~ines f~ ~y ~
(1) family, iacludin~[ any do-
the premises and [laving no
enclosed space (o[her than
vestibules, entrance hallways
or porches) or ceokh g or sani-
APARTME~ H
two (2) ~ mo~
,, LIVING AREA
HABITABLE
AR~A ~ See
DWELLING UNI'
tins for only one
including ~ny d~s~
es, and having no
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
)USE --
intended
upied by
les living
-- See
FLOOR
md~g
ainlng
facili.
amily,
=los~d
ibulbs,
Yvonne Lieblein of Mattituck, in
said County, being duly sworn, says that he/she is Principal
Clerk of THE SUFFOLK TIMES, a Weekly #ewspaper,
published at Mattituck, 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 regulan'y published in
said Newspaper once each week for [ weeks
successively, commencing on the 14 ._ day of
June 19 90
or similar heine or other s~ni-
lar structure -- shah not be
deemed to constitute a
"dwelling naif'.
R. This Local Law shall take effect
upon ~ fllina with the Secl~m/
Copies of this Local Law are
ipal Clerk
available in the Office of the Town
~lerk to any intems~d persms dur- _ ,//
DATED: ,u~ 5, 1990. , tO ~ore me this / ?. -,
/! </.'t, i~,/ / ¥~;',~,
..,~_.'~c~--~' ) ,,-?~:,/)~_~ '~ : ~,;,':, ,' ,~'~/,_)_
LEGAL NOTICE '
NOTICE OF
PUBLI~ HEARING
ON LOCAL LAW
PUBLIC NOTICE IS HERE-
BY GIVEN that there h~ been
presented to the TOwn Board Of
the TOwn of Southnid, Suffolk
County, New York, on the 22nd
day of May, 1990, a Local. Law
entitled, "A
tion toZoohi~ Definitions."
NOTICE IS FURTHER
GIVEN that the 'lbwn Board of
the Town of Southold will hold
a p~le ~ on the aforesaid
Local Law at the Southold Town
Hall. Main Road, Southnid,
New York, on the 19th d~y of
June, lgg0, at 8.'02 o'clm:t EM.,
at which time all in.rested per-
sons will be heard.
This proposed "Local Law in
Relation to Zoning Definitions"
reads as follows:
BE IT ENACTED by the
Town Board of the TOwn of
Southold as follows:
L Chapter i00 (Zoning) of the
Code of the Town of Southdid
is hereby amended to read as
follows:
1. Section 100-13 (Defimtiom)
following definitions:
APARTMENT- An entirely
self-contained dwelling unit con-
sisting of a minimum of 450
square feet of living area con*
taining complete housekeeping
facilities for only one (1) fatal-
ly, including any domestic ser-
vants employed on the premises
and having no enclosed space
(other then vestibules, entrance
hallways or porches) or cooking
or s~nitary hicUi~es hi corem, on
with any:other.' 'dwelling unit"
and/or apartment.
APARTMENT HOUSE- A
building arranged, intended or
designed to be ~upied b~ two
(2) or mote families Jiving in-
del~ndently of each other in
ap~:tments.
LIVING AREA- Sec "Floor
Area, Livabl~ '
HABITABLE FLOOR
AREA- See "Floor Area,
Livable~'
2. Section 100-13 (Del'tuitions)
is hereby amended by amending
the following definition:
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 .......... "~'F ~'f .......
da,, of ':-.'~-~e~ ~n 9¥ (/-~x
Sworn to before me this /?'~' day of
........... .~7~. - · .~'~-~. ..... 19 ~c2
................... y :~-.~- C{. ~ ~,~ ~ ~,
Notary Public
DWELLING UNIT-- a
building or entirely self-
contained portion thereof con-
sisting of a minimum living area
of 850 square feet containing
complete housekeeping facilities
for only one (1) family, including
any domestic servants employed
on the ptemises, and having no
i enclosed space (other than
vestibules, entrance or other
hallways or porches) or cooking
or ~nitary facilities in common
with any "dwelling unit.". A
house trailer, a boarding- or~
rooming house. ~Onvalescent
home, fraternity or sorority
house, hotel motel, inn, lodging
or nursing or simila~ home or
Other similar structure--shall
not he deemed to constitute a
"dwelling unit:'
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: June 5, 1990
JUDITH T. TERRY
~ SOUTHOLD TOWN CLERK
1X-6/14_/~90(14)
NO?AR'~' ~UPLIC, ,~tste ol New York
N~.