HomeMy WebLinkAboutLL-1992 #22LOCAL LAW NO. 22 , 1992
A Local Law in Relation to Special Exception Uses
BE IT ENACTED. by the Town Board of the Town of Southold as follows:-
Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended as follows:
Section 100-261 (Special exception uses; approval required) is
hereby .amended to read as follows:
There is hereby created a category of land use approval to be
known as "special exception uses". Said uses may not be
commenced, created, undertaken, carried out or thereafter
maintained or substantially expanded without a special exception
approval first having been obtained therefor, which special
exception approval shall ha~e-be~-be granted for the
use ePEr~ by the P+~nn~ng-Bo'a~d-.-the Zoning Board of
Appeals or the :l-~wn E,~,-according to the provisions
for the particular special exception use set forth in this Article
or elsewhere in this chapter. Any land use. including the
erection, construction, reconstruction, alteration, demolition,
moving, conversion or change of use of any structure, shall be a
special exception use requiring a special exception approval if the
text of this chapter or the use schedule, 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.
II. This Local Law shall take effect upon its filing with the Secretary of
State.
Underscore represents additions
Overstrike represents deletions
~NYS OEPARTMENT OF STATE
. : 162 ~ashington ·Avenue
· ALbany, ~Y 1Z231-0001
0ATE: 12/1/92
Town of Southold
Law' Acknowledgment
~-~3095 MAI~ ROAD
-I
_1
The above-referenced material wa~ received
and filed by this office a~ indioated.
Additional local law filing forms will be
forwarded upon request.
Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
162 WASHINGTON AVENUE, ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter bei.ng eliminated and do not use
italics or underlining to indicate new matter.
~ Southold
Town
22
Local Law No ..................................... of the year 19__9_2_
· ,, In Ri~[ation to Soecial Excep_tion Uses
A lOCal law ...................................... ~ ......................................................................
Town
Board
Be it enacted by the of the
Oity Southold
of .......................................................................................... as follows:
Town
VAR,age
Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended as follows:
Section 100-261 [Special exception uses; approval required) is
hereby amended to read as follows:
There is hereby created a category of land use approval to be
known as "special exception uses". Said uses may not be
commenced, created, undertaken, carried out or thereafter
maintained or substantially expanded without a special exception
approval first having been obtained therefor, which special
exception approval shall be granted for the use by the Zoning
Board of Appeals according to the provisions for the particular
special exception use set forth in this Article or elsewhere in
this chapter. Any land use. including the erection, construction.
reconstruction, alteration, demolition, moving, conversion or
change of use of any structure, shall be a special exception use
requiring a special exception approval if the text of this chapter
or the use schedule 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.
II. This Local Law shall take effect upon its filing with the Secretary of State.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239 (Rev. 7,9B (1)
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, desigpated as local law No .......... 2__2_ .......................of 19 ~_2_..
,,f th,~ (~,~,~r.e~-~¥T,,,~,'~6,x~o~ ,ff Southold ......... was duly passed by the
__'_T_9..w..h--.'~--~.5.~'-~-~ ...................... o~l-°-*-e--m--b--e--r---2--a '~9 _.9_2_; in accordance with the applicable provisions of law.
2. (Pasga, ge by local legislative body with approval, no disapproval or repassage after disapproval
by tli~ Elective Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
............................................... on .................. 19 ---, and was (approved)(not approved)(repassed after
IName of Legislative Body)
disapproval) by the .................................................. and was deemed duly adopted on .................. 19 .....
fElecdve Chief Execmive Officer*)
in accordance with the applicable provisions of law.
3. (Fina1 adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
................................................... on .................. 19 .... , and was (approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval) by the ................................................. on ................... 19 ..... Such local law was submitted
(Eleclive Chief Executive Officer*}
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (general)(special)(annual) election held on .................. 19---- , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
................................................... on .................. 19 ...., and was (approved)(not approved)(repassed after
(Name of LegiMa~ve Bodyj
disapproval) by the .................................................. on .................. 19 .... Such local la~v was subject to
(Elective ChlefExeautive Officer*)
permissive referendum and no valid petition requesting such' referendum was filed as of .................. 19---- , in
accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-
wide basis or, if there be none, the chairperson of the county legislative body~ the mayor of a city or villag% or
the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances.
(2)
5. (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 City .of ............................................. having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the
qualified electors of such city voting thereon at the (special)(geneml)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 laxv 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 ck-
les of said county as a unit and 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 certification.)
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 in-
dicated in paragraph ..... J_ ..... , above.
Clerk of the C~ount~ legislative body, City, Town or Village CI~~'~
' or officer designated by local legislative body
Judith T. Terry, Town Clerk
(Seal) Date: November 25, 1992
(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 SUFFOLK
I, the undersigned, hereby certify that the foregoing local laxv Contains the correct text and that all proper proceedings
have been had or taken for the enactment of the local [a~.anne,,qed hereto.
Matthew G. Kiernan, Assistant Town Attorney
Title
£k~ of
To~vn
Southold
Date: November 25, 1992
(3)
PUBLIC HEARING
SOUTHOLD TOWN BOARD
September 24, 1992
4:40 P.M.
IN THE MATTER OF THE PROPOSED "LOCAL LAW IN RELATION TO SPECIAL
EXCEPTION USES".
Present:
Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilman George L. Penny IV
Councilman Thomas H. Wickham
Councilman Joseph J. Lizewski
Councilwoman Alice J. Hussie
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
SUPERVISOR HARRIS: The-next public hearing of the afternoon is a "Local Law
in Relation to Special Exception Uses", read by Councilman Lizewski the publica-
tion of such Local Law.
COUNICLMAN LIZEWSKI: "Public Notice is hereby given that there has been pre-
sented to the Town Board of the Town of Southold, Suffolk County, New York,
on the 6th day of October, 1992, a Local Law entitled, "A Local Law in Relation
to Special Exception Uses". 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 November,
1992, at 4:40 P.M., at which time all interested persons will be heard. This
proposed "Local Law in Relation to Special Exception Uses" reads as follows:
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended as follows:
1. Section 100-261 (Special exception uses; approval required) is
hereby amended to read as follows:
There is hereby created a category of land use approval to be
knownas "special exception uses". Said uses may not be
commenced, created, undertaken, carried out or thereafter
maintained or substantially expanded without a special exception
approval first having been obtained therefor, which special
exception approval ~ll--~¥e b~c~ be granted for the use
by the -P-la~rtif~j -Board, the Zoning Board of Appeals ~r -t~ --Fow~
t3o~, according to the provisions for the particular special
Pg 2 - PH LL Spec. Ex. ,~
exception use set forth in this Article or elsewhere in this
chapter. Any land use, including the erection, construction,
reconstruction, alteration, demolition, moving, conversion or
change of use of any structure, shall be a special exception us
requiring a special exception approval if the text of this chapter
or the use schedule 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 pl~erequisite$ to a building permit, if there
be any, have been met.
II. This Local Law shall take effect upon its filing with the Secretary of State.
* Underscore represents additions
** Overstrike represents deletions
Copies of this Local Law are available in the Office of the Town Clerk to any
interested persons during bus'iness hours. Dated: November 10, 1992. Judith
T. Terry, Southold Town Clerk." I have proof of publication in The Mattituck
Watchman, The Suffolk Times, and also, proof of posting on the Town Clerk's
Bulletin Board. I have several communications to be read, the first one from
the Board of Appeals. This will confirm that the Board of Sppeals concurs that
the Planning Board and Town Board references should be corrected and
removed since the authority for Special Exceptions has always been under the
purview of the Board of Appeals. As you know, Special Exceptions pertain to
"zoning uses" as specifically authorized in zone districts, and are subject to
public hearings, the same as appeal applications. Special Exception authority
is subject to not only standards adopted by the legislative body of the town,
but also requires a fairmin'dness to characterize activities which may not presently
be categorized, particularly when old designated uses (such as sauerkraut manu-
facturing plants) become outdated, and uses (such as recycling operations) are
added. It is the opinion of this board that interpretations of Special Exception
uses in the Zoning Code will also be necessary similar to judicial types of other
zoning reviews, such as area variance, 280-a's, etc.). We, also, have some
correspondence from the Director of Planning. 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 of local determination. A decision of
local determination should not be construed as either an approval or disapproval.
Director of Planning Arthur Kunz. A letter from the Planhing Board, Dear Mrs.
Terry; The following resolution was adopted by the Planning Board at it's
meeting last night. Be it resolved that the Planning Board has reviewed this
proposed legislation which calls for the deletion of references to the issuance of
Special Exceptions by either the Town Board or the Planning Board from the text.
The Planning Board is opposed to this amendment, and for the following reasons.
When the Town's planning consultants, Raymon, Parish, Pine & Weiner, Inc.,
submitted its first draft of the Zoning Code to the Town in 1985, it recommended
that responsibility for special exceptions be shifted from the Zoning Board of
Appeals to the Planning Board. It supported this recommendation by stating that
"Special Exceptions generally involve planning decisions in that they are concerned
with land use relationships. The ZBA should really focus on appeals variances
Pg 3 - PH LL Spec. Exc.L,~,,,'
and matter of interpretations," (Memorandum, January 28, 1985. Raymond, Parish,
Pine & Weiner, Inc.) This recommendation was changed between its introduction
in 1985 and 1989 when the Town Board adopted the current Zoning Code.
However, we find the original recommendation to be valid. Since the Stewardship
Task Force is e×amining ways to better implement the Master Plan update, this
matter should be brought to their attention for considerati6n' and recommendations.
Bennett Orlowski, Chairman.
SUPERVISOR HARRIS: Is there any member of the audience, that would like
to speak in reference to this~Local Law amendment? (No response.) Hearing none,
I declare this public hearing closed.
Judith T. Terry
Southold Town Clerk
~ , II..(,~[.. %01ILl
:h: puldi¢ heuriligOh i'~ul~5'~,uid
'~' III I~ li~'~l'J. ,, ,'
COUNTY OF SUFFOLK
ss:
STATE OF NEW YORK
Patricia Wood, being duly sworn, .sat
Editor, of THE LONG ISLAND TRAVELER-WA~CHM
a public newspaper printed at Southold
and mat the notice of which the annexea's a printed cobv_ :~
na's peen published m sam t. ong sland 'l-raveler-Watcnman
:)nce each we~k for ............... : ..... / . wee~
SL, ccessivev commencrn~ on the ........ .."~5 .......
.
,NoLary Publ'c
*uidersC0r~ tepiesents
addltfon~
DATED: November !0, 19921
JUDITH T TERRY
soUTHOLD TOWN CLERK
~Xql/19/92{25)
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
3outhold, ~uffoNc County~ New York,
on the 6th day of October, I992, a
Local Law ent~A Local ~,aw In
Relation to Special Exception
NOTICE I$ FURTHllR GIVEN
that the Town Board of thc Town of
$outhold w~ll hold a public hearing
on the aforesaid Local Law at the
$onthold Town Hall. Main Road,
Bouthold, New York, on the 24th
day of November, 1992, at 4:40
P.M-, at which time all interested
persons ~ be heard.
This proposed "Local Law in
Relation lo Special Exception
Uses" reads as fo/Iows:
Bll IT ENACTED by the Town
Board of the Town of $outhold as
follows:
I. (~apter 1~0 (Zoning) of the Code
al the Town of Southold is hereby
amended as follows:
1. Section 100-261 (Spec/al ex-
ception uses; approval required)
is hereby amended to read as
foBowa:
There is hereby created a eate-
gory o[ land use approval to be
known as "special exception
maintained or substantially cx-
pandod without a special excep-
tion approval tirst having been
obtained lhcrefor, width special
exception approval shall
bag.-. ~ granted for the usa ~--
~' by the PI=:-::Lu~, ~:a:~, the
T:~:::~, according to thc
either i~c su~cct o[ a special
STATE OF NEW~n°RK)
} SS:
COUNTY OF
Casa Conk~in
'said Comity, being duly sworn, say~ that he/she
, is Principal Clerk of THE SUFFOLK TIMES, a
,~ Weekly Newspaper. published at Mattituck, in
the Town of Southold, County of Suffolk and
State of New York, and that the Notice of wh/Ch
the annexed is a printed copy, has been regular-
ly published in said Newspaper once each week
f~r one weeks successively, commenc~g on
the_lg~h dayofliasLe~lka~19 _9_2.
Principal Clerk
Sworn to before me this.
199 2
day o{NOvember