HomeMy WebLinkAboutLL-1993 #10 LOCAL LAW NO. 10 1993
A Local Law in Relation to Special Exception Uses
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:
Section 100-262 is hereby amended to read as follows:
B. Prior to taking action on any special exception use,the
I~oa~cF ha~'in~-~r~ctlo~ ~hel'eof;- the ZonJncj Board of
Appeals 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
I~ the Zoning Board of Appeal~ determines to be
necessary or appropriate to ensure that the 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-month
period ~y the i~h~ ~ ZOning Board of Appeal~
within ~ne 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 need for a special exception permit; provided,
however, that:
1. All conditions imposed by the special exception approval
shall continue to apply unless they, 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 13oet-~ which- k~t~ the sl3eis+~k excel~t+on
aPpt~v~H-~onin~l Bo~ shall retain
continuing jurisdiction over t. he same.
Do
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 ~ ~l~-+r
al~l~"o~ en¥-~1~1- ex~pt+m~ u~e-Zonincj Board of
Appeals shall retain jurisdiction and shall have the right,
after a public hearing, to modify, suspend or revoke such
approval or any term or condition thereof or to impose thereon
one (1) or more new conditions, all on the following grounds:
2. Section 100-263 is hereby amended to read as follows:
No special exception approval shall be granted unless the ~
h~ing- j~i~ic~i~r~ ~hereoF Zonincj Board of Appeals specifically
and determines the following:
finds
3. Section 100-265 is hereby amended as follows:
In deciding on any application for a special exception use, the
Bom'dr h~i~j- j~ffi~dic~.io~ ~heffeoF Zoning 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.
II. This Local Law shall take effect upon its filing with the Secretary of
State.
* Overstrike represents deletion(s)
** Underscore represents addition(s)
NYS DEPARTHENT OF STATE
BUREAU OF STATE RECORDS
162 Washington Avenue
Albany, NY 12231-0001
DATE: 6/24/93
Local Law Acknowledgment
JUDITH T. TERRY
TOWN OF SOUTHOLD
TOWN HALL
53095 MAIN ROAD
]_ PO BOX I179
SOUTHOLD NY 11971
DOS-236 (Rev. 6790)
[ MUNICIPALITY
Town of Southo_ ~
LOCAL LAW(S) NO. I YEAR I FILING DATE
8 thru 10 1993 6/23/93
-I
The above-referenced material was received
and filed by this office as indicated.
_1
Additional local law filing forms will be
forwarded upon request.
Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
162 WASHINGTON AVENUE, ALBANY, NY 12'-31
(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 being eliminated and do not use
italics or underlining to indicate new mat}er.
.'U~tX Southol d
Town - - .......................
Local Law No .............. _1.0_ .................... of the year 19_921..
A local law--J--n--B-e-!-a.-t!-°-O...t.9___S_P__e_.cj.a.!.__E--x__c_e.p_.tJS~_.~5?~ ...............................................
Be it enacted by the Town Boa rd -
..... 7;~;;?£~-~3',~f ................................................................. of the
}Clt~( of ................. Southold '
Town as follows:
X~X
Chapter ,100 {Zoning) of the Code of the Town of Southold is hereby
amended as follows:
~1. Section 100~262 is hereby amended to read as follows:
Be
Prior to taking action on any special exception use,. the
Zoning Board of Appeals shall schedule a pub'lic hearing within
forty-five 14,5) 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 6n the
application.
Effect of approval. A special exception approval issued in
accordance with the.' provisions of this Article shall author-
ize only the special exception use for which the approval is
granted. No 'use which is not a special exception use here-
under shall be authorized by any such approval. The approval
may include reasonable conditions Which the..Zoning Board of
Appeals determines to be necessary or appropriate to ensure
that the applicable general and specific standards and safe-
guards 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 16) months but may be extended for
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239 (Rex,. 7/9D
one (1) additional six-month period by the Zoning Board of
Appeals within the requirement of new public notice of hear-
ing. 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 there-
after be deemed a lawful use as if the same were permitted
by this chapter without need for a special exception permit;
provided, however, that:
All conditions imposed by the special exception approval
shall continue to apply unless they. by their express
terms, are of limited duration.
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 Zoning Board of Appeals shall retain continui-ng
jurisdiction over the same.
Violations of conditions. A violation of any limi:tation 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 chapt[er. The Zoning Board of
Appeals shall retain jurisdiction and shal'l have the right.
after a public hearing, to modify, suspend or revoke such
approval or any term or condition thereof or to impose
thereon one (1) or more new conditions, all on the following
grounds:
2. Section 100-263 is hereby amended to read as follows:
No special exception approval shall be granted unless the Zoning Board
of Appeals specifically finds and determines the following:
3. Section 100-265 is hereby amended as follows:
In deciding on any application for a special exception use. the Zoning
'Board of Appeals may impose 'such conditions and safeguards as it deems neces-
sary or appropriate to preserve and protect the spirit and the objectives of
this chapter. =
-II. This Local Law shall take effect upon its filing with the Secretary of
State.
(Compl'ete 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, designated as local law No ............1..0. .... ., ................ of 19--9-3---
of the C~(,u~it~)(XXt~(Town)(X7~l~) of ---'- .............. _S__o._u_.tJ3.o_.l.d. ................................. was duly passed by the
_.'LovO'j__B.o&rcl ............................ on .J__u__n..e.__!_5_ ..... 19 __-9_3, in accordance with the appiicable provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 .... r-
of the (County)(City)Crown)(Village) of ................................................................. was duly passed by.the
............................................... on .................. 19 ---, and was (approved)(not approved)(repassed after
(Name of Legi.~lati~.e Body)
disapproval) by the .................................................. and was deemed duly adopted on ' 19 ...., '
(Elective Chlef E~ecudve Officer*) .
in accordance with the applicable provisions:of law. :
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No ...........: ........................ of 19; .....
of the (County)(City)Crown)(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
(Electi*,e Chief £xecuti~t Officer')
to the people by reason ~t~ a (mandatory)(permissive) referendum, and received tl~e 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 Legislative Body)
disapproval) by {he .................................................. on .................. 19 .... Such local law was subject to
(Elective Chief E~ecutive Of~cer*)
-permissive referendum and no valid petition requesting such referendum was filed as of .................. 19---- i 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 chalrperson of the county legislative body, the mayor ora city or village, 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 ........-7 ......... 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 cit-
ies 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.
(Seal)
(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 andof the whole of ~uch original local law, and was.finally adopted in the manner in-
dicated in paragraph ..... _1 ...... , above.
Clerk q~e'County legislative body, City, Town or Villa~Clerk
or officer designated by locel legislative body
JUDITH T. TERRY, TOWN CLERK
Date: June 16~ 1993
(Certification to be executed by County Attorney, Corporation Counsel, .Town Attorney,. Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
coum~ oF SUFFOLK
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 lo~a a~et~s~,gna~e't- '- , ~x._,l~.~--~_'
MATTHEW G. KIERNAN, ASSISTANT TOWN ATTORNEY
Title
X~X of
Town
Date:
Southold
June 16, 1993
(3)
PUBLIC HEARING
SOUTHOLD TOWN BOARD
JUNE 15, 1993
4:37 P.M.
IN THE MATTER OF A 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 fourth public hearing of the afternoon is a "Local Law
in Relation to Special Exception Uses".
publication fo such.
Councilman Lizewski will read proof of
COUNCILMAN 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 4th day of May, 1993, 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 15th day of June, 1993, at
4:37 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 100-262 is hereby amended to read as follows:
B. Prior to taking action on any special exception use, ~he
Boa~ ~aYPr~l j~i~d~-~io~ ~he~eof, the Zonincj Board of
Appeals shall schedule a public hearing with 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.
C. Effect of approval. A special exception approval issued
in accordance with the provisions of this Article shall
authorize only the special exception use for which the
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
Pg 2 - LL in rel to Spe Exception
which t-he t~ the Zonin~ Board of Appeals determines
to be necessary or appropriate to ensure that the 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-month period by the issui-r~ B~a~d
Zonincj Board of Appeals within 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 need
for a special exception permit; provided, however, that:
1. All cor~ditions imposed by the special exception
approval shall continue to apply unless they, 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.
The Board which issues t-½e sl~al-ex~el~t~
Zoning Board of Appeals shall re~ain continuing
jurisdiction over the same.
D. Violations of conditions. A violation of any limitation or
condition of a special exception approval or of any provision
of this chapter applicable to a special exception use shall
constitute a violation of this chapter. The t~
al~es a~ sl~e~-al-ex~el~t~o~ use-Zonin~ Board of Appeals
shall retain jurisdiction and shall have the right, after a
public hearing, to modify, suspend or revoke such approval
or any term or condition thereof or to impose thereon one
(1) or more new conditions, all on the following grounds:
2. Section 100-263 is hereby amended to read as follows:
No special exception approval shall be granted unless the
he~-i~j j~r~'~s-di¢,~ior~ t-he~eof Zoninc, l Board of Appeals specifically
finds and determines the following:
3. Section 100-265 is hereby amended as follows:
in deciding on any application for a special exception use, the
Boar~ ha~i~3 ~t~i~di~ion t-he~eof: Zonin~ 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.
II. This Local Law shall take effect upon its filing with the Secretary of State.
* Overstrike represents deletion(s)
** Underscore represents addition(s)
Copies of this Local Law are available in the Office of the Town Clerk to any
interested persons during business hours. Dated June 1, 1993. Judith T. Terry,
Southold Town Clerk." I have proof of publication from The Long Island Traveler
Watchman, and proof that this was posted in Southold Town Hall. We have two
correspor~dence, two pieces of correspondence, one from the Suffolk County
Executive Planning Department. Pursuant to the requirements of Sections A 14-14
Pg 3 - LL in rel. to Spec Exception
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
construed as either approval or disapproval. Very truly yours, Arthur H. Kunz,
Director of Planning. We t~ave another one from the Planning Board, regarding
the proposed law relation to special exception uses Section 100-262 Chapter 100
Zoning. The Planning Board adopted the following report at it's public meeting
on May 24, 1993: Be it resolved that the Planning Board has reviewed this proposed
Local law in Relation to Special Exception Uses and finds it has objections to same.
In 1985, the Town's planning consultants, Raymond, Parish, Pine & Weiner, Inc.,
recommended that responsibility for the issuance of all Special Exceptions in the
Zoning Code be transferred to the Planning Board. The Planning Board concurred
with this recommendation then, and remains in agreement with it now. The consul-
tant's recommendation, and reasons for makinc~ it, can be found on page 4 of the
attached Memorandum of January 28, 1985. Sincerely, Richard G. Ward, Chairman.
SUPERVISOR HARRIS: Thank you. Are there any members of the audience, that
would like to address this amendment to the Local Law, either pro or. con? (No
response.) Hearing none, I declare this public hearing closed.
Judith T. Terry
Southold Town Clerk
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
Southold, Suffolk County,
New York, on the 4th day of
May, 1993, a Local Law entitl-
ed, "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 15th day of June, 1993,
at 4:37 P.M., at which time all
interested persons will be
heard.
This proposed "iLocal Law
in Relation to Special Excep-
tion Uses;' reads as follows:
BE 1T ENACTED by the
Town Board of the Town of
Southold as follows:
1. Chapter 100 (Zoning) of
the Code of the Town of
Southold is hereby amended
as follows:
1. Section 100-262 is hereby
amended to read as follows:
B. Prior to taking action on
any special exception use, [the
Board having jurisdiction
thereof,] the Zoning Board of
Appeals shall schedule a
public hearing within forty-
five (45) days after determina-
tion 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.
C. Effect of approval. A
special exception approval
issued in accordance with the
provisions of this Article shall
authorize only the special ex-
ception use for which the ap-
proval is granted. No use
which is not a special excep-
tion use hereunder shall be
authorized by any such ap-
proval. The approval may in-
clude resasonable conditions-
which [the Board] the Zoning
Board of Appeals determines
to be necessary or appropriate
to ensure that the 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 ex-
tended for one (1) additional
six-month period by the [issu-
ing Board[ Zoning Board of
Appeals within the require-
ment of new public notice of
hearing. A continuing Or per-
manent 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 permit-
ted by this chapter without
need for a special exception
permit; provided, however,
that:
1. All conditions imposed
by the special exception ap-
proval shall continue to apply
unless they, 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 ex-
pressly incorporated into the
special exception approval.
The [Board which issues the
special exception approval]
Zoning Boatrl of Appeals shall
retain continuing jurisdiction
over the same.
D. Violations of conditions.
A violation of any limitation
or condition of a special ex-
ception approval or of any
provision of this chapter ap-
plicable to a special exception
use shall constitute a violation
of this chapter. The [Board
which approves any special ex-
ception use] Zoning Board of
Appeals shall retain jurisdic-
tion and shall have the right,
after a public healrng, to
modify, suspend or revoke
such approval or any term or
condition thereof or to impose
thereon one (1) or more new
conditions, all on the follow-
ing grounds:
2. Section 100-263 is hereby
amended to read as follows:
No special exception ap-
proval shall be granted unless
the [Board having jurisdiction
thereof] Zoning Board of Ap-
peals specifically finds and
determines the following:
3. Section 100-265 is hereby
amended as follows:
COUNTY OF SUFFOLK
STATEOF NEW YORK
Patricia Wood,' being duly sworn, says that she is the
Editor, o(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,
bas been .published in said Long Island Traveler-Watcbn~an
once each week for.. / weeks
successively, commencing on the ....... /.~ ~
. .~ .... ._~ :~: ...... ~... ~
Sworn to before mc ~l~is ..................... day of
19.
Notary Public
BARBARA h. SCHNEIDER
NOIARY PUBLIC, St'~te of L'nw York
No. 4806?,46
Qualified in SuIlclk County
C~nln'dssl0u Expilos o~/3t/~1¥
In deciding on any applica-
tion for a special exception
use, the [Board having
jurisdiction thereof] Zoning
Boant 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.
11. This Local Law shall
take effect upon its filing with
the Secretary of State.
* [Brackets represent
deletion(s)].
Italic represents addition(s}.
Copies of this Local Law
are available in the Office of
the Town Clerk to any in-
terested persons during
business hours.
DATED: June 1, 1993
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
1X-6/10/93(26)