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Home My WebLink AboutLL-1998 #27Local Law Filing NE _~ZORK STAT~ DEPARTMENT OF STATE 162WASHINGTON AVENUE, ALBANy. NY 12231 (Use this focm to file a local law with the Secretacy of State.) Text of law should be given az amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. t~x of Southold Local Law No ............... .2__7. ................. of the year 19--9--8-- A local law ._in_R_.eJ.a._tj.o..n..._t.o_...Z._o.o_i_n.g_C_o_.d._e._..D__e.f. in[tj~_~ .......................................... ~ of Southold . as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: follows: Article I, SectiOn 100-13 (Definitions) is hereby amended as BUILDING: A structure wholly or partially enclosed within exterior walls, or within exterior and party walls, and a roof, affording shelter to persons, animals or property. STRUCTURE: An assembly of materials, forming a construction framed of component structural parts for occupancy or use, including buildings. II. Severability. If any section or subsection, paragraph, clause, phra'se or provision of this law shall be judged invalid or held unconstitutional by any court of competent jurisdiction, any judgement made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. III. This Local Law shall take effect immediately upon filing with the Secretary of State. elf additlonni space Is needed, attach pages the sam* size ns this sheet, and number each.) oos-,_a~ (m~,. ?,vt) (I) (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, desil~ated as local law No ................ Z7 ................. of 19..9._8__ of t.[_he ~:t~l~ W')J( .~f)O'own)('~A~ of .... _S._o..u__t_h__o_l__c]_.. ............................................ . was duly passed by the .... -l--°- -w--n----19--°-a--r--°- ......................... on ._._D.e..c._.~..8. ..... 19 _9__8., in accordance with the applicable provisions of law. (Name of L~gisladve Body) 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-~ .... of the (County)(City)Crown)(Village) of ............................................................... was duly passed by the .............................................. on ................. 19 --~, and was 0pproved)(not approved)(repassed after (N~me o[.Leg~latlve Body) disapproval) by the .................................................. and was deemed duly adopted on ............... 19 ...., (Elec~v~ Ch~f ~Cul~Ve 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)(Town)(Village) of ................................................................. was duly passed by the ................................................... on .................. 19 ...., and was (approved)(not appmved)(repassed after (Name of LegLllati~ Body) disapproval) by the .................................................. on ................... 19 ..... Such local law was submitted (Electi*'e Chief Executive Off~cer') · 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---2 , in accordance with the applicable provisions of law. 4, (Subject to permissive referendum and f'mal adoption because no valid petition wa~ Cried 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 o/ LegiMati,.e disapproval) by the .................................................. on .................. 19 .... Such local law was subject to 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 ora city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws OF ordinances. (2) (City local law conceruing Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ...... o£ 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)(general) 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~ 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, bec~me 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 pamgraph----l--_:--., above. Clerk of t~O~tmty ~glgativ¢ bod~, Ci~, .Tol~ or Vmage Oerk or officer designated by local le~/shl/ve tx~ly Elizabeth A. Neville, Town Clerk (Seal) Date: 12/J~F/9 8 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STem OV ~ ~FOLK COLtNTY OF I, the undersigned, hereby certify that the foregoing local law co~}n.s the comet text and that all proper proceedings have been had or taken for the enactment of the local law anne~qhereto. Signature ' Gregory Attorney Title g~ty of Town $outhold Date: 1 2/3~/9 8 (3) AlEXaNDER F. TREaDWEIL SECRETARY Of STATE Soul~ Town STATE OF NEW YOrK DEParTmeNT OF STATE ALBANY, NY 12231 -0OO 1 January 8, 1999 ELIZABETH A. NEVILLE TOWN HALL 53095 MAIN ROAD SOUTHOLD, NY 11971 RE: Town of Southold. Local Law 27. 1998, filed 12/28/98 The above referenced material was received and filed by this office as indicated. Additional local law filing forms will be forwarded upon request. Sincerely, Janice G. Durfee Principal File Clerk Bureau of State Records (518) 474-2755 JGD:ml printed on recycled paper PUBLIC HEARING SOUTHOLD TOWN BOARD DECEMBER 8, 1998 8:00 P.M. ON A PROPOSED "LOCAL LAW IN RELATION TO ZONING CODE DEFINITIONS". Present: Supervisor Jean W. Cochran Councilwoman Alice J. Hussie Justice Louisa P. Evans Councilman William D. Moore Councilman John M. Romanelli Councilman Brian G. Murphy Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski COUNCILMAN MOORE: "Public Notice is hereby given that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 2aAh day of November, 1998, a Local Law entitled, "A Local Law in Relation to Zoning Code Definitions" of the Town Code of the Town of Southold. Notice is further given that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, and hereby sets 8:00 P.M., Tuesday, December 8, 1998 as the time and place for a public hearing on the Local Law, which reads as follows: A Local Law in Relation to Zoning code Definitions BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: BUILDING -- A~y sha~£ure haviil8 a loofsuppoited by s,,ch firings as colunms, posts, piers, walls or air intended for the shelter, business, housing or enclosing of peisons, animals, prope, ty or other lllate, ial$; also any co,ubhiation oflllatei'lals fo,,,~ng any constcu¢£1on, excetp where entirely und~rslound so as to periiilt file use of the 8round above file sa,ne as if ao buildhig was preseat. The tean "buildins" shall include the telm"stru~ture" as well as file following: (2) Feuces. O) Walls. (4) Radio, television, receive-only satellite dish anteimas, a~l~teur radio ~ditem~s and wireless co,umunicatioa facility rcceiv'mg and traasnfitiing antem~as, except' for radio, television, rc~'ive-only satellite dish antennas, anuxteur radio antennas h.--talkzl on the roof of a building and extending not more fll~ 20 feet above die hish~t level o£ the roof of such building. pg 2 - PH ($) Porch~, o~tcloor bins and other r, imilag ~Cmchae~. BIJILDING A structure wholly or partially .en~!osed within exterior wall~ or within exterior and party walls, and a roof_ affordtng shelter to persons, animals or prope~_. STRUCTURE An assembly ofmaterials.~ forming a construction framed of component structural parts for occupancy or use. including buildings. * Underline represents additions Strikethrou,g,,h. represents deletions II. Severabdity. If' any section or subsection, paragraph, clause, phrase or provision of this law shall be judged invalid or held unconstitutional by any court of c,o, mpetent !UrisdJction, any judgement made thereby shall not affect the validJt~ of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. III. This Local LaW shall take effect immediately upon filing with the Secretary ~ r State. Copies of ~his Local Law are available in the Office of the Town Clerk to any interested Persons during regular business hours. By order to the Southold Town Board of the Town of Southold, Southold, New York. Dated: November 2[[, 1998. Elizabeth A. Neville, Southold Town Clerk." We have PrOrO. f of publication in the Traveler-Watchman, a letter of local determination Suffolk County Planning Department, a letter of comment from the Southold Town Planning Board, and proof that it has been posted on the Town Clerk's Bulletin Board. SUPERVISOR COCHRAN: You have heard the reading of the Local Law in Relation to Code Definitions. Is there anyone that would like to address the Board in relation to amendments of the changing of the definition? (No response.) If not I will close the hearing. Southold ToWn Clerk NO'I'ICI':OI: I)l. BI .1(' I I EAI.~r%(; 0% 53095 Mnin R,:~:ld. Scuill,.)h.i. 1'998 a., (l't,e din,: :lnd f)16c,.', for n 11 {- il,..' t ¢¢ O/ I L.' ~l'Otlll(J fll'),.l~,...: Iii T i ,,; i oc-'ll I iii,, ,',,;Ii}ill t,,ll,le the M.illi4 ]4:*.. ii' u.o-I")ui.ldill~ ~.~ a'., t'l"J"t't;I Jllllll(.'dial(.~l.~ Iii)Oil I'ilillJ~ r)rc,cnl. Hie I,.:rm "buil~lh't~" (-I) f2) I cncc.-: cciving and tl'arl4nlilling ($) IM 'chc.~. outde.~r bins and Ibrdin,, ,d~chcr to p,~r~on~,, nni- I'ran:,:d ol'eornpoliCllt dons · i ¢'lallSe, I~hr?,e or pro,~ h, io ~ of · any liUd[emenl madeI Ihere .~}l lhis law as a is hoh., or nny pilrl Ihel-eor olher Ihllll Ihe p~rl or ilil the ',-;eo'~,t~ry (~f Stat'.'. Copies o1' Ihis I ocaJ I.:~x ::xailablc in Iht ()J'l'icc of the '[~¢WI] Clerk to ~.iii~ pcr~oliS duri::~ i'e~li:u' ~usin~'s~ hour~. BY ()RI)I'{R OI.' I'll ~OI. '1'11OI .I)'1'()~ ~ B()AI~I) OIl' TII E ]'OW~ OF ~()1 TIIOLI). SO(.TIIOI.I). ~ I'~ YORK. I)mcd: ~o~ ~lnbcr2~. 199fi. FI .I~AB1:1 II A. ~OL'I I I()1 I)'1 ()~ ~ L,I.I.~K :)LK ?,K ss: eing dtllv sworn, says that ,C:oordinalor, el' the TRAV- [.)tJ[)[i(' I]OX?s[),]li(~r printed (.'ountv: and Ihal the no- nex('d is a pl'iUlod copy, said 'l'ra~ uler Watchman / .......... : ...................... weeks I X- 12'3 gl4 (398) successively, c'ommencing on the ,...~ ........... .... ............. Sv, orn 1o I)el'or'c, me this.i ....... ~... ............ day of ......................... ~.~..~ ........... 1 Xolary Public BARBARA A. SCHNEllDE~ NOTARY PUBUC, Sta~ of New York No. 4806846 Qualified in Suffolk Cou~ t Commission Expires