HomeMy WebLinkAboutLL-1994 #10LOCAL LAW NO. 11] , 199~
A Local Law in Relation to Accessory Buildings or Structures
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 to read as follows:
Section 100-13 (Definitions) is hereby amended by adding thereto the
following:
BREEZEWAY - Open construction with a roof projecting from the
outside wall of a building not to exceed dimensions of 8' by 10'
connecting the main building and a garage. Other types of
attachments which extend more than 10 feet, or exceed 80 sq.ft, in
area, shall not attach a main building to a separate building unless
such attachment meets the requirements of livable floor area.
DECK - Construction attached to a buildinq open to the sky with
floor materials built at an elevation above natural grade. Decks
are required to have building permits before construction.
PATIO - A flat, leveled structure attached to a building by steps,
or other construction, and having a base floor area at or below
natural grade and open to the sky. A patio structure below or at
grade is not deemed to be a deck or perch and shall not require a
building permit. New step areas to patios, decks, porches,
breezeways, etc. will require a building permit- Any other patio or
similar structure constructed above natural grade also requires a
building permit.
2. Section 100-230 (F) is hereby added to read as follows:
Exceptians for accessory buildings and structures.
Notwithstanding any other provision of this chapter, accessory
buildings and structures in all zoning districts must comply
with the location and minimum setback requirements provided at
Section 100-33, with the following provisions:
II.
An accessory building may be otherwise located when
attached by a breezeway provided it is used only for
accessory storage or garage purposes and meets all
setback provisions required for the main, principal
building;
In the event of a change from an accessory storage or
garage use to livable floor area, the breezeway and
garage-storage area may only be converted by direct
access between the rooms and made an integral part of
the existing livable floor area of the principal building
for single-family use.
Other types of additions which connect two buildings must
meet the setback requirements for the principal building.
Deck and/or patio additions to a principal building which
do not connect two structures or buildings are permitted
if they meet principal buildin~l setbacks.
This Local Law shall take effect upon its filing with the Secretary of
State.
Underscore represents addition(s)
NYB DEPARTHENT OF STATE
BUREAU OF STATE RECORDS
162 WasMngton Avenue
Atbany, NY 12231-0001
DATE: 6/7/94
Local Law Acknowledgment
JUDITH T. TERRY
TOI~N OF SOUTHOLD
TOWN HALL
53095 ~hkIN ROAD
PO BOX 1179
I__ SOUTROLD NY 11971
DOS-2'~6 (Rev. 6790)
[I~UNICIPALITY
Town of Southold
/LOCAL LAU(S) NO. I YEA~ I FILING DATE
~ 10 thru 13 I 1994I 6/6/94
-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 12231
(Use this form to file a local law with the Secretary of State.)
Text of lawshould be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
-g:~ or .......................... .s..o__u. kh..o. ! .d. ..................................................
Town
Local Law No ............... .1_.0. .................. of the year 19---9-~
A local law .............. ..............
Be it enacted by the .................... _'_ff:_'_L'...'2_XE'..¥_ ................................................. of the
~ $outhold
of ............................................................................................. as follows:
Town
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 thereto the
following: '
BREEZEWAY - Open construction with a roof projecting from the
Outside wall of a building not to exceed dimensions of 8' by 10'
connecting the main building and a garage. Other types of
attachments which extend more than 10 feet, or exceed 80 sq.ft, in
area. shall not attach a main building to a separate building unless
such attachment meets the requirements of livable floor area.
DECK - Construction attached to a building open to the sky with
floor materials built at an elevation above natural grade. Decks
are required to have building permits before construction.
PATIO - A flat, leveled structure attached to a building by steps,
or other construction, and having a base floor area at or below
natural grade and open to the sky. A patio structure below or at
grade is not deemed to be a deck or porch and shall not require a
building permit. New step areas to patios, decks, porches,
breezeways, etc. will require a building permit. Any other patio or
similar structure constructed above natural grade also requires a
building permit.
(If additional space is needed, attach pages the samo size as this sheet, and number each.)
~os-~0 (v~v. 7~t) (1)
II.
2. Section 100-230 (F) is hereby added to read as follows:
Exceptions for accessory buildings and structures.
Notwithstanding any other provision of this chapter, accessory
buildings and structures in all zoning districts must comply
with the location and minimum setback requirements provided at
Section 100-33, with the following provisions:
An accessory building may be otherwise located when
attached by a breezeway provided it is used only for
accessory storage or garage purposes and meets all
setback provisions required for the main, principal
building;
In the event of a change from an accessory storage or
garage use to livable floor area, the breezeway and
garage-storage area may only be converted by direct
access between the rooms and made an integral part of
the existing livable floor area of the principal building
for single-family use.
Other types of additions which connect two buildings must
meet the setback requirements for the principal building.
Deck and/or patio additions to a principal building which
do 'not connect two structures or buildings are permitted
if they meet principal building setbacks.
This Local Law shall take effect upon its filing with the Secretary of
State.
(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, designated as local law No ............... -1-9 .................. of 19--97---
,,~ tho ~-X~ra'~w,,,~,"~t~..~ of Sout~old _ .... ~.___ ..... ' ..... ~--~--'-.~- was duly oassed by the
_~.o_'~_n____B__o_~_a_r_"~(4_.._'~'._'~)._'~__".'_'/_____' -~....'~_2_ o~'~fi_~_~,~}!~"~-~_'_q~i-i'~'accordance with the applicable pro'vi'sions of law.
(~¥arne of Legislative Body)
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
[ 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
~N~me of Legi*tatlve Body)
disapproval) by the .................................................. and was deemed duly adopted on .................. 19 .... ,
(Elective Chlef Exec~tlve
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 Leg(dative Body)
disapproval) by the ................................................. on- .................. 19 ..... Such local law was submitted
~Elective 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 ~ed 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
()game of Legislative Body)
disapproval) by the .................................................. on .................. 19 .... Such local law was subject to
(Elective Chief Executive 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, *.he mayor of a city or village, or
the supervisor of a town where such officer is vested with the power tb 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)(T0 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 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 o£ 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.)
(Seal)
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 ............ , above.
or officer designated by local lcgislaave body
Judith T. Terry, Town Clerk
Date: June 1, 1994
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF I"~"WsY~j:0 L K
CO~ OF
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings
have been had or laken for the enactment of the local lax~ annexed hereto. - ~.
Lau'ry L. Dowd, Town Attorney
Title
~ of
Town
Southold
Date: June 1, 1994.
(3)
PUBLIC HEARING
IN THE MATTER OF A
SOUTHOLD TOWN BOARD
MAY 31.1994
8:00 P.M.
PROPOSED "LOCAL LAW
IN RELATION TO
ACCESSORY BUILDINGS OR STRUCTURES".
Present:
Supervisor Thomas H. Wickham
Councilman Joseph J, Lizewski
Councilwoman Alice J. Hussie
Councilman Joseph L. Townsend. Jr.
Councilwoman Ruth D. Oliva
Justice Louisa P. Evans
Town Clerk Judith T. Terry
Town Attorney Laury L. Dowd
SUPERVISOR WICKHAM: We have before us at 8:00 P.M. tonight the hearing
on a "Local Law on Accessory Buildings or Structures". Ruth. are you the
one to read it?
COUNCILWOMAN OLIVA: "Public Notice is hereby given that there has been
presented to the Tdwn Board of the Town of Southold. Suffolk County. New
York. on the 5th day of April. 1994. a Local Law entitled. "A Local Law in
Relation to Accessory Buildings or Structures". 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 31st day of May. 1994. at 8:00 P.M..at which time all
interested persons will be heard. This proposed "Local Law in Relation to
Accessory Buildings or Structures" 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 to read as follows:
1. Section 100-13 (Definitions) is hereby amended by addinq thereto
the following:
BREEZEWAY - Open construction with a roof projectincj from the
outside wall of a buildinsI not to exceed dimensions of 8' by 10I
connecting the main building and a garage. Other types of
attachments which extend more than 10 feet. or exceed 80 sq.ft, in
area, shall not attach a main building to a separate building unless
such attachment meets the requirements of livable floor area.
DECK - Construction attached to a buildin(J open to the sky with
f!oor materials built at an elevation above natural ~lrade- Decks
are required to have building permits before construction.
Pg.2 - 5131/94 - PH LL Accessory bldgs..
PATIO - A flat, leveled structure attached to a building by steps,
or other construction, and having a base floor area at or below
natural grade and open to the sky. A patio structure below or at
grade is not deemed to be a deck or porch and shall not require a
building permit. New step areas to patios, decks, porches,
breezeways, etc. will require a building permit. Any other patio or
similar structure constructed above natural grade also requires a
building permit.
2. Section 100-230 (F) is hereby added to read as follows:
Exceptions for accessory buildings and structures.
Notwithstanding any other provision of this chapter, accessory
buildings and structures in all zoning districts must comply
with the location and minimum setback requirements provided at
Section 100-33, with the following provisions:
An accessory buildin9 may be otherwise located when
attached by a breezeway provided it is used only for
accessory storage or garage purposes and meets all
setback provisions required for the main, principal
building;
In the event of a change from an accessory storage or
garage use to livable floor area, the breezeway and
garage-storage area may only be converted by direct
access between the rooms and made an integral part of
the existing livable floor area of the principal building
for single-family use.
Other types of additions which connect .two buildings must
meet the setback requirements for ,the principal building.
Deck and/or patio additions to a principal building which
.do not connect two structures or buildings are permitted
if they meet principal building setbacks.
Il. This Local Law shall take effect upon its filing with the Secretary of
State.
* 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: May 16. 1994. Judith T.
Terry, Southold Town Clerk". I have an affidavit of publication in The
Suffolk Times, and in The Long island Traveler-Watchman. We have two
correspondence. Dear Mrs. Terry: At its regular meeting held on May 9,
1994, the Planning Board adopted the following report. The proposed
amendments to Chapter 100 pertaining to certain types of accessory buildings
and structures: to wit. breezeways, decks and patios have been reviewed. As
we understand it, the purpose of these amendments is to clarify the meaning
of the Zoning Code as it pertains to certain accessory structures. The
proposed legislation will create three new definitions in Chapter 100: for
breezeway, deck and patio. All of these structures will be considered
accessory structures. Building permits will be required for any such
~Pg.3 - 5131/94 - PH LL Accessory bldgs.
accessory structure except for a patio structure below or at grade and open
to the sky. The proposed legislation also provides that all such accessory
structures must comply with the location and minimum setback requirements of
Section 100-33 which governs setbacks in residential zones with provisions
that the accessory structures do not violate the required setbacks for
principal buildings. The Planning Board basically has no comment to offer on
this proposed legislation, but supports it inasmuch as it will help eliminate
confusion as to the intent of the Code. Sincerely. Richard G. Ward. Chairman
of the Planning Board. We. also. have correspondence from the Chief
Planner. Gerald D. Newman. which says. pursuant to the requirements of
Sections A 1~.-1~ 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 matt. er for local determination. A
decision of local determination should not be construed as either an approval
or disapproval. Very truly your. Stephen M. Jones. Director of Planning.
Gerald G. Newman. Chief Planner. That is all the correspondence I have.
SUPERVISOR WICKHAM: We've heard the public hearing on Accessory
Buildings. Are there any people in the audience, who would like to address
the Board on anything they've heard? (No response. I I see there are no
comments at this time, so we can proceed to the second hearing of the
evening.
Southold Town Clerk
.... . NOTICE OF
PUBLIC HEARING "
ON LOCAL LAW
PUBLIC NOTICE IS
HEREBY GIVEN that there
Ihl~.. "~ I.ne~l I.~ i~ ReI~-
NOTICE ~ . FURTHER
:: GI~N thor t~ To~vn Bo~
~o,uhold ]ow,i Ihdl. Main
im ihe 31M iI~} iff Mu~. 1994.
at grade is h~t'dekmed to be
~a deck or porch and shall not
require a building permit. New
step areas to patios, decks,
porches, bree~mvays, eta will
require a build!~ ,permit. Any'
~on~truCted ; ~ h~tural
fO Ow ;
E Expectioqs{),,: accemory
sion qtYh~ chapter, accessom'
~zOntng: d(~trte~, ~u~t: compl~
,qu~eiaems pto,'~ded at Sec-
~ton 1,~-3), ,th th~ Jbllo,o~g
heard. . . : i:;i ii~An.:accessOry..buitding
Buihli.g~ nr ~lruelllre.J' ~ad~ , ~prtmido~ ii i~ t~e~ ot~(i Jbr ac-
BE IT ENACTED by the , ;,o,e, a~.d ,~ee;., eh
Iowh Bo~d df ~he Town of , l'~'ol i~t()il~ ;xr;fii~?d ibr II:~
S.irhol~ a. :ollo¢.~: '
~,mam, p~ncipal bmTdin~ :
I. (.1,qb Jr I(lOI/oll. I.)OI :
I. Seclion 100-13 d~c.'ini- l
BRI I Z/ II;I) - Opel, ~ott- ~ .'~a~ i t~gmlpart of tl~eristiag
{ng from the outside *roll of a
}'T/.e"'.[ui,. 1~,,71rlir, t, at:d a
:; .It' iq.leer, r~l' ;~ct'ed ,~0
I)I'("K ("rm~o':,r'qon tit-
IbC ~3 ,:;'/' d/ra :
I f:aL
Imdd.'~,~t by rlep~, or other;
~'.;c~dr~ct~, ~d havi~g : a
~ b~e ~r-area at' or bel~
{:natuml grade and open~to the
sky. A pati~ stmctu~ b~ow or
COUNTY OF SUFFOLK
STATE OF NEW YORK
Patricia Wood, being duly sworn,
says that she is the Editor, of the
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
Traveler-Watchman once each week
for /
.............................. weeks
suec~s~ely, commencing on the
Swo r.D~ to before me on this
. . .q~..~..day of
Notary Public
BARBARA k SCHNBDE~
NOTARY PUBLIC, State of
No, 4BO6B4~
Qualified in Sul~alk
Commission Expir~ ~,//~//~
added to read ~ follows:
hailc[ines and structures'
Notwithstanding any other
p~0vislon ~f this~ha.ter, a~
cessorv buildings and st~Jc-
turds in all zomi~e distdcis
ti0n and mininmm setback
reauirementg prov ded a'i
j{ ~VUeS oh attachmdnts '~hich
} e~tend more tham 10.feet: Or ' i' ~. ' ' -3_ Other tvr~es of addiriofis
~' exc~d 80 so. ~. [n ar~. sh~ } ;" :' ='whi~ conne~ '
: : DECK - Coq:~i,',q )nsche4 ,~: fio~ ~b ~ ~H~cma '~u
; w~rh floor mam~s buiff at an : an~ -d~r
. : SOUmOLDTOWn
STATE OF NE~ YORK)
) SS:
~j/jAOUNTY OF SUFFOLK)
of Mattituck, in
said Co,,,',ty, being duly sworn, says that he/she
is Principal Clerk of THE SUFFOLK TIMES, a
Weekly Newspaper, published at Mattituck, in
the Town of Southuld, County of Suffolk and
State of New York, and that the Notice of which
the annexed is a printed copy, has been regular-
ly published in said Newspaper once each week
for ?]0 weeks successively, commencq,ag on
the _ day of ~ 19 ~.
Pr[uelpal Clerk
da~ 19