HomeMy WebLinkAboutLL-1996 #13Local Law _Filing
NEW YORK STATE DEPAa2.TMENT OF STATE
I62 WASHINGTON AVENUE, ALBANY, NY 12231
(Use this tom to file a local law with the Secretary of State.)
Text of law should be given as amended. Do nor include matter being eliminated and do not use
italics or underlining to indic, are new matter.
of .... ........................................................................
Town
Local Law No ................. .[_3_ ................of the year 19-9--6-
A local law in Relation to Temp. orarv Outdoor Disp. la?/ or Stora_,qe
Town Board ........................... otthe
Be it enacted by the ............................................................
oe.__._S.9_.u_t_h, gj_d_ ........................................................................ as tonows:
Town
~. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended as follows:
Section 100-93 (Uses confined to enclosed buildings) is hereby
deleted.
2. Section 100-239.6 is hereby added as follows:
Temporary Outdoor Display or Storage. All uses permitted
inn the Business Zones, including the display and sale
of merchandise and the storage of all property, except
living plants, shrubs and trees, shall be confined to
fully enclosed buildings on the premises, except that
the display and sale of merchandise incidental to the
business on site, may be permitted outside the building
temporarily each day during the hours of business. In
ail cases, the storage or display of goods shall not
interfere with public access or egress and may not
restrict the public right-of-way or be placed in the
minimum-required landscape buffer areas.
(If additional space is needed, attach pages the sam~ size as this shear, and number each.)
L'<)S -Z39 (Rev. 7,90.
3. Section 100-239.7 is hereby added as follows:
Long Term Outdoor Display or Storage. Ail uses
which seek to display or store merchandise or
property on any basis other than temporary, as
described above, must obtain site plan approval
for this activity. This section primarily is
intended to apply to that merchandise or property
which is too large to be kept inside, such as
automobiles, boats, artifacts of museums or
historical societies and building materials.
II. This Local Law shall take effect upon 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.)
therebv certify that the local law annexed hereto, designated as local law No ............ 1__3_ .....................of t9-9--6---
of the ~¢c~:~axXTown)(~fdl~oh of Southold ....................... was duly passed bv the
Town Board ' ~ 6/11 96 ..... '
................................................ on .................. 19 ...., zn accordance wztb. the apphcable promszons o['law.
2. (Passage by local le~slative body with approval, no disapproval or repassage aftmr disapproval
by the Elective Chief Executive Officer*.)
[ hereby certify that the local law annexed hereto, designated as local !aw No .................................... of 19 ......
of the (County)(City)(Town)(Village) of ................................................................. was duty passed by the
............................................... on .................. 19 .--, and was 0pproved)(not approved)(repassed after
disapproval) by the .................................................. and was deemed duly adopted on .................. 19 .....
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 !aw No .................................... of 19 ......
of the/County)(City)(Town)(Village) of ................................................................. was duly passed by the
................................................... on .................. 19 ..... and was (approved)(not approved)(repassed after
disapproval) bv the ................................................. on ................... 19 ..... Such local law was subrnmed
to the people by reason of a (mandatory)(pe.wnissive) referendum_ and received the affirmative vo[e of a maioritv of
the qualified electors voting thereon at the (general)(special)(annuaB election held on .................. t9---- , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because ao valid petition was filed requesting
referendum.)
f hereby centfy that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the County)(City)(Town)(Village) o£ ................................................................. was duly passed by the
................................................... on .................. 19 ..... and ,;vas (approved)t not approved)(repassed a~'ter
disapproval) bv the .................................................. on .................. 19 .... Such local law was subject :o
ue.wmss~ve referendum and no valid petiuon requesting such referendum was filed as of .................. 19---- , in
accordance wida 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, rahe mayor of a city. or village, or
the supe,~vlsor oCa town where such of'ricer is ve~ted with the power ro approve or veto local taws or ordinance.
2~
5. (City local law concerning Charter revision proposed by petition.)
[ 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)(genefal) election held on ................... 19 ....,
became operative.
6. (County local law concerning adoption of Charter.)
[ 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
les of said county as a unit and a major/fy of the qualified electors of the towns of said county considered as a unit
voting at said general election, became ooerative.
Gf any other authorized form of final adoption has been followed, please provide an appropriate certification.)
(SeaO
!hrther certify that I have compared the preceding iocal law w/th the ori~nat on file in this office and that the same
is a correct rranscrinr therefrom and of the whole of such ori~nat tocal law, and was finally adopted in the manner in-
dicated in paragraph----J. ...... above.
Clerk o£/tffe C~unty iegislalive body, C~ty,, Town or Village C~rk
or officer d~ilanaled by local legislative !x~iy
Judith T. T~rr¥, Town Clerk
June 12, 1996
Date:.
(Certification to be executed by County Attorney, Corporation.Counsel. Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
SUFFOLK
COUNTY OF
I, the undersigned, hereby certify that the fore~oin.* l~al law contaims the correct text and that all proper proceedings
have been had or taken for the enactment of the local law annexed her~t67-'"----~.~ ,~__
Laur¥ L.Dowd, Towr Attorney
~ of Southoid
Town
Date: Juno 12: i996
ALEXANDER f. TREADWELL
SECRETARY Of StAte
STAte Of NEW YOrk
DeParTMENT OF State
AlbANY, NY 12231-0001
June 19, 1996
JUDITH T. TERRY
TOWN HALL
53095 MAIN ROAD
SOUTHOLD, NY 11971
RE: Town of Southold, Local Law 13, 1996, filed 06/18/96
The above referenced material was received and. filed by this office as
indicated. Additional local law filing forms will be forwarded upon
request.
Sincerely,
Janice G. Durfee
Principal File Clerk
Bureau of State Records
(518) 474-2755
JGD:ml
;1~1~ printed on recycled paper
PUBLIC HEARING
SOUTHOLD TOWN BOARD
JUNE 11, 1995
5:02 P.M.
ON A PROPOSED "LOCAL LAW IN RELATION TO TEMPORARY OUTDOOR
DISPLAY OR STORAGE"
Present: Supervisor Jean W. Cochran
Councilwoman Alice J. Hussie
Councilman Joseph L. Townsend, Jr.
Councilwoman Ruth D. Oliva
Justice Louisa P. Evans
Councilman William D. Moore
Town Clerk Judith T. Terry
Town Attorney Laury L. Dowd
SUPERVISOR COCHRAN: The next hearing is on a "Local Law in Relation
to Temporary Outdoor Display or Storage" and it will be read by
Councilwoman Evans.
JUSTICE EVANS: "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 1Ltth day of May, 1996, on a Local Law entitled,
Local Law in Relation to Temporary Outdoor Display or Storage". Notice
is further given that the Town E~oard of the Town of Southold will hold a
public hearing on the aforesaid Local Law at the Southold Town Hall,
53095 Main Road, Southold, New York, on the 11th day of June. 1996,
at 5:02 P.M., at which time all interested persons will be heard. This
Proposed "Local Law in Relation to Temporary Outdoor Display or
Storage" 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 Southotd is hereby
amended as follows:
t. Section t00-93 (Uses confined to enclosed buildings) is hereby
deleted as follows:
pg 2 - PH
2. Section t00-239.6 is hereby added as follows:
Temporary Outdoor Display or Storage..All uses permitted
in the Business Zones, includinq the display and sale
of merchandise and the storage of all proper~ty, except
living plants, shrubs and trees, shatl be confined to
-fully enclosed buildings on the premises, except that
the display and sale of merchandise incidental to the
business on site, may be permitted outside the buildincj
temporarily each day during the hours of business. In
all cases, the storage or display of goods shall not
interfere with public access or egress and may not
restrict the public right-of-way or be placed in the
minimum-required landscape buffer areas.
3. Section 100-239.7 is hereby added as follows:
Long Term Outdoor Display or Storage. Ail uses
which seek to display or store merchandise or
property on any basis other than temporary,, as
described above, must obtain site plan approval
for this activity. This section primarily is
intended to apply to that merchandise or property
which is too large, to be k~pt inside, such as
automobiles, boats, artifacts of museums or
historical societies and building materials.
il. This Local Law shall take effect upon filing with the Secretary of
State.
* Underline and bold represents additions
Strikeover represents deletions
Copies of this Local Law are available in the Office of the Town Clerk to
any interested persons during business hours. Dated: May 28, 1996.
Judith T. Terry, Southold Town Clerk." I have affidavit of publication in
the The Traveler-Watchman, and an affidavit that it was posted on the
Town Cterk's Bulletin Board at Town Hall. There are two letters here,
one from the County of Suffolk Department of Planning. Pursuant to the
requirements of Section AI[t-la~ to 23 of the 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 disapproval. Very truly yours,
Stephen M. Jones, Director of Planning. There is also a letter from the
Planning Board, Town of Southold, Dear Mrs. Terry, The Planning Board
agrees with the intent of this proposed amendment to the Zoning Code,
which is to regulate the placement of temporary and permanent outdoor
display areas within business zones, and the Board finds the proposed
wording to be satisfactory. Accordingly, we recommend adoption of this
proposed Local Law. Sincerely, Richard C. Ward, Chairman.
pg 3 - PH
SUPERVISOR COCHRAN: Thank you. Is there anyone that would like to
address the Board in relation to Local Law in Relation to Temporary
Outdoor Display and Storage. Is there anyone that would llke to heard?
(No response.) Hearing none, I'll close the hearing.
Southold Town Clerk
LAW' ~-.
PUBLIC N IS
Bo~d
d:c I c,~ n of Soulhokl ~ iii hokl
a public he'4rin~ on Iht afi~r~-
said i.OCH] I.m& ;IL I1'1~ ~ouLhold
'lown I lall. ~()9~ Main
~ouLho]d. ~e~ York. on
!Ilh da) or,hme~ 1996. at 5:02
P.M.. al ~ hJch I[[lld all hltcr'e~l~d
)croons ~il! I~c hc'~ll'd.
'Fhi~ propo~d 'q .oeal i.aT~ in
Relalion re Ten]i)orar) OuT-
a> Jhllow~:
BI:: IT E%A('TEI). I~ thc
'lo~r] I{om'd o~' Ih~ J'O%M1 O1'
%ou(hGid a>lbllo~ ~:
J. ( i,~q~ler l U0 ( ~C,l, Jl1~J ) ifil ftc
('ode of'The Town of Soulh?~kl
hercb,, amemlcd a~
tined lo cnc'Jo~cd bl,iklhl~i
I~crcb~ dck'led as [bllmx ~:
All u-c~ pcrnli'lcd hi the
;4lld M.IK? (tJ'rllcr;Jlandisc llll:J IJlC
d~e~ bui]din'e~ on Ih,, premi~c~.
-. ~kllCq . 00-.. ,,).6 j~
hereby added u~ Iblhm s:
1~gnDjmrars Quldoor Die-
,hi} or Nt()t:~e. Xll IlSe~ I)er-
Illill e(I ill Ihe BLl~ille~s /.OlleK.
ineludin~ I lie _(l_!spla~;. a._n(_J_zale
iff Inerehandis(, ~llld Ihe si(If
.2.'.Re of-'LII I)rOl)er~:. excel)l lis-
if.l.g I)hlnls, shrul)s and iree%.
shall l)t' COl]fine(! lo fulh eh-
elose(i huilcfings on lite p.re_:-
miser, exeepl Ihal Ihe disl)la.~
alld ~ale of nlereh;,ndise ilK'l-
(]enlal Io the §ilSilleSS on site,
Irm.} he~)ernlilled oulside lilt,
I)uildin~. tempor:lril~ each (la~
(luringthe hnurs or business.
hi all eases, iht, slorage or dis-
Pl~_gf ~4oods shall IIOt inler-
~fere with public-access or
egress and many-not restrict
'the public right-Of-way,or be
placed in the minimum-re~
!quired land,cape buffer~reas.
,~ 3: Section 100-239~7:i~
'i/tiei and buildin~q mat;e~ials.
~ IL ~his:Locat.Law shall take
effectupbn fil/ng With the sec~
ret~ar~,~ofState. ~ : :: ~' -
"*T, nd~s!lim: mTd'h61d
sL.'lll~ addilion>..%lrikeoxer rep-
I'u'SC ill< d¢l¢!iOIIq.
C(;i)ies oflhiq I i~cal I.tm
,wtlil:tlqe in ih~ Ol'!'ice of ibc
Town Clerk rto any~ ~ntbr~t~
Ma} 28. !,)9(,
SOUTHOLD ~0~
CLE~
]X-6/6/96(~38)
COUNTY OF SUFFOLK
STATE OF NEW YORK,: ss:
Joev Mac Lellarl. being duly sworn, says that
he is the Editor. of the TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suf-
folk County; and that the notice of which the
annexed is a printed copy, has been published
in said Traveler-Watchman once each week for
................................................ .Z... .................. we s
successively, comm/e~cing on the ...... ..~_.
day of ..... ~-..r<~....~/~ .................,19.....?f"
dayof
Notary Public
EA~BAPA A. ~CHNEIDER
NOTi&Y F ~LIC, State of New York
No, ~g05~46
Qu;'[~ed in Suffolk'County .
C0mn,;ssi0n ~piJ'es ~F ~ ~