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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 ~ ~