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Home My WebLink About1983 - Zoning Code Effective 10/04/1983ZONING Chapter 100. From the �r CODE of . the Town of SOUTHOLD GENERAL CODE PUBLISHERS CORP. . ZONING Chapter 100 From the CODE of the TOWN OF SOUTHOLD COUNTY OF SUFFOLK STATE OF NEW YORK [Printed as last amended 4-11-78 by L.L. No. 2-1978. Consult muncipal records for possible amendments adopted thereafter.] GENERAL CODE PUBLISHERS CORP. 72 Hinchey Road Rochester, New York 14624 1982 C 10001 20-25-93 ZONING Chapter 100 ZONING ARTICLE I . General Provisions § 100-9. Title. § 100-10. Purposes. § 100-11. Conflicts. § 100-12. Exceptions. § 100-13. Definitions. ARTICLE II Districts § 100-20. District designations. § 100-21. Zoning Map. § 100-22. District boundaries. 1 § 100-23. Effect of establishment of districts. ARTICLE III A Residential and Agricultural District § 100-30. Use regulations. § 100;31. Bulk and parking requirements. § 100-31.1. Relief from bulk and parking requirements. § 100-32. Accessory buildings. § 100-33. Established front yard setback. §§ 100-34 through 100-36. (Reserved) 10001 20-25-93 SOUTHOLD CODE' ARTICLE IV. M Light Multiple -Residence District § 100-40. Use regulations. § 100-41. Bulk, area and parking requirements. § 100-42. Livable floor area. ARTICLE V M-1 General Multiple -Residence District § 100=50. Use regulations. § 100-51. Bulk, area and parking requirements. § 100-52. Building length and separation. § 100-53. Livable floor area. ARTICLE VI B Light Business District § 100-60. Use regulations. § 100-61. Bulk, area and parking. requirements. § 100-62. Retail shopping centers. - § 100-63. Uses confined to enclosed buildings. ARTICLE VII B-1 General Business District § 100-70. Use regulations. § 100-71. Bulk, area and parking requirements. ARTICLE VIII C Light Industrial District § 100-80. Use regulations. § 100-81. Bulk, area and parking requirements. 10002 10-25-83 C C; t, - ZONING ARTICLE IX C-1 General Industrial District § 100-90. Use regulations. § 100-91. Special exception, uses; site plan approval. § 100-92. Signs. • § 100-93. Bulk, area and parking requirements. ARTICLE X Tourist Camps, Camp Cottages and Trailers § 100-100. Permits required. § 100-101. Automobile trailers or house cars. § 100-102. Exemptions. ARTICLE XI General Regulations § 100-110. Signs. § 100-111. Continuation of existing signs. § 100-112. Off-street parking areas. § 100-113. Off-street loading areas. § 100-114. Prohibited uses in all districts. § 100-115. Junkyards. § 100-116. Dwelling unit density. § 100-117. hotel and motel unit density. § 10 100-118. Nonconforming uses. § 100-119. Corner lots. § 100-119.1. Fences, walls and hedges. ARTICLE XII Board of Appeals § 100-120. Appointment; membership. 10003 4-25-83 SOUTHOLD CODE § 100-121. Powers and duties. § 100-122. Additional conditions and safeguards. § 100-123. Rules of conduct and procedure. § 100-124. Fees. § 100-125. Notice of hearing. • ARTICLE XIII Site Plan Approval § 100-130. General requirement. § 100-131. Objectives. § 100-132. Effect of approval. § 100-133. Procedure. § 100-134. Site development plan elements. § 100-135. Fees. § 100-136. Cluster development. ARTICLE XIV Administration and Enforcement § 100-140. Administrative and enforcing officer. § 100-141. Building permits. § 100-142. Revocation of permit. § 100-143. Stop orders. § 100-144. Certificates of occupancy. § 100-145. Penalties for offenses. § 100=146. Remedies. ARTICLE XV Amendments § 100-150. Procedures. § 100-151. Fees. 10004 4-26-83 § 100-9 ZONING § 100-10 § 100-152. Notice of proposed change of zone classification. Bulk and Parking Schedule [HISTORY: Adopted by the Town Board of the Town of Southold 4-9-57; amended in its entirety 4-8-58 and 11-23-71. Sections 100-13, 100-20G, 100-30B(7)(a), 100-30B(9)(a), 100-30C, • 100-70A(1), 100-90A(22), 100-121C(2)(i), 100-141J(5), 100-144B and 100-145 amended during codification; see Ch. 1, General Provisions, Article II. Other amendments noted where ap- plicable.] GENERAL REFERENCES Housing — See Ch. 62. Subdivision of land — See Ch. A106. ARTICLE I General Provisions § 100-9. Title. [Added 2-1-83 by L.L. No. 2-19831 This chapter shall be known and may be cited as the "Southold Town Zoning Code." § 100-10. Purposes. There is hereby established a comprehensive zoning plan for the Town of Southold, which plan is set forth in the text and map that constitute this chapter. Said plan is adopted for the purposes set forth in Article 16 of the Town Law, which, in the interest of the protection and promotion of the public health, safety and welfare, • shall be deemed to specifically include the following, among others: A. The facilitation of the efficient and adequate provision of public facilities and services. B. The assurance of adequate sites for residence, industry and commerce. C. The provisions of privacy for families. 10005 4-25-83 § 100-10 SOUTHOLD CODE § 100-12 D. The prevention and reduction of traffic congestion so as to promote efficient and safe circulation of vehicles and pedestrians. E. The maximum protection of residential areas. F. The gradual elimination of nonconforming uses. G. The enhancement of the appearance of the Town of • Southold as a whole. H. The encouragement of flexibility in the design and development of land in such a way as to produce the most appropriate use of lands, to facilitate the adequate and economical provision of streets and utilities and to preserve the natural and scenic qualities of open lands. I. The fostering and protection of agriculture and fisheries. J. To make provision for, so far as conditions may permit, the accommodation of solar energy systems and equipment and access to sunlight necessary therefor. [Added 2-1-83 by L.L. No. 2-1983] § 100-11. Conflicts. A. Where a provision of this chapter conflicts with or imposes a different requirement from any other provision of this chapter, the provision or requirement which is more restrictive or which establishes the higher standard shall govern. B. Where the provisions of this chapter conflict with or im- pose a different requirement from any other ordinance of the Town of Southold or any rules or regulations adopted thereunder, the ordinance, rule or regulation which • establishes the higher standard or requirement shall govern. § 100-12. Exceptions. [Amended 10-30-73 by L.L. No. 5-19731 All of the lots on the following subdivision maps shall be ex- cepted from the lot area and lot width requirements of this 10006 4-25-83 § 100-12 ZONING § 100-13 chapter, and the lot areas and lot widths applicable to said lots shall be as shown and designated on said subdivision maps: Green Acres; Stratmors; Marion Manor; Cleaves Point, Section II; Fordham Acres, Section I; Fordham Acres, Section II; Sterling Homes; Eastern Shores, Section I; Eastern Shores, Section II; Eastern Shores, Section III; Eastern Shores, Section IV; Eastern • Shores, Section V; Southold Shores; Sunny Shores; Moose Cove; Nassau Point; Deer Park; Village Manor; G.I. Tuthill; Edgemere Park; Willow Terrace; Soundcrest Woods; Gardiners Bay Estates, Section III; Harvest Homes, Section I; Bayview Woods Estates; Willow Point; Harbor Lights Estates, Section I; Terry Waters; Bay Haven; Corey Creek Estates; West Creek Estates; Northwoods; Vista Bluff; Jacksons Landing; Bennett's Pond; Rosewood Estates; Sunset Knolls, Section II; Smithfield Park; Paradise Point; Harbor Lights Estates, Section III; High - wood; Nunnakoma Waters; Yennecott Park; Downsview; South Harbor Homes; Peconic Shores, Section I; Peconic Homes, Section I; Peconic Homes, Section II; Peconic Bay Oaks; Laurel Country Estates; Orient -by -The -Sea, Section II; Cleaves Point, Section III. § 100-13. Definitions. [Amended 7-31-731 A. Word usage. Words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the word "person" includes a cor- poration as well as an individual; the word "lot" includes the word "plot"; the term "occupied" or "used," as applied to any building shall be construed as though followed by the words "or intended, arranged or designed to be oc- cupied or used." • B. Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings herein indicated: ACCESSORY — A building or use clearly incidental or subordinate to, and customary in connection with, the principal building or use on the same lot. 10007 4-25-83 § 100-13 SOUTHOLD CODE § 100-13 ALTERATION — As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether extending on a side or by increasing in height, or the moving from one location or position to another. [Added 2-1-83 by L.L. No. 2-1983] BASEMENT — A story of a building, partly below the • finished grade level, which has more than one-half (1/2) of its height, measured from floor to ceiling, above the average established curb level or finished grade of the land immediately adjacent to the building. [Amended 2-1-83 by L.L. No. 2-19831 BILLBOARD — A sign, including the type commonly known as a "billboard," which directs attention to a business, commodity, service, entertainment or attraction which is sold, offered or existing elsewhere than upon the same lot where such sign is displayed or only incidentally upon such lot. BOARDING- AND TOURIST HOUSES — A building, other than a hotel, where lodging, with or without meals, for five (5) or more persons is furnished for compensation. BUILDING — Any combination of materials forming any construction, except where entirely underground so as to permit the use of the ground above same as if no "building" was present. The term "building" shall include the term "structure," as well as the following: (1) Signs. (2) Fences. (3) Walls, other than retaining walls projecting aove the ground not more than three (3) feet at the higher • ground level and not more than six and one-half (61/2) feet at the lower ground level. (4) Radio and television receiving and transmitting towers and antennae, except for such antennae in- stalled on the roof of a building and extending not 10008 4-25-83 § 100-13 ZONING § 100-13 more than twenty (20) feet above the highest level of the roof of such building. (5) Porches, outdoor bins and other similar structures. BUILDING AREA — [Added 2-1-83 by L.L. No. 2-1983] The aggregate of the maximum horizontal cross section of • the buildings on a lot, measured between the exterior faces of walls. (1) The term "building area" shall include the following: (a) Balconies. (b) Terraces, ,patios, decks and other structures above the finished grade. (c) Swimming pools, tennis courts and other similar structures. (2) The term "building area" shall exclude the following: (a) . Cornices, eaves, gutters, chimneys and fireplaces, projecting not more than twenty-eight (28) inches from exterior walls. .(b) Steps and open porches, projecting not more than five (5) feet from exterior walls and having an area of not more than thirty (30) square feet. (c) First -story bay windows projecting not more than three (3) feet from exterior walls and exterior cellar doors projecting not more than six (6) feet from exterior walls. CELLAR — Any space in a building, partly below the finished grade level, which has more than one-half ('/z) of • its height, measured from floor to ceiling, below the average established curb level or finished grade of the land immediately adjacent to the building. [Amended 2-1-83 by L.L. No. 2-19831 CONDOMINIUM — A building or buildings, the dwelling units of which are individually owned, each owner receiving a deed enabling him to sell, mortgage or exchange his 10009 4-25-83 § 100-13 SOUTHOLD CODE § 100-13 dwelling unit independent of the owners of the other dwelling units in the building or buildings. [Added 2-1-83 by L.L. No. 2-1983] COURT, INNER — An open space enclosed on all sides by exterior walls of a building. COURT, OUTER — An open space enclosed on three (3) • sides by exterior walls of a building. COURT, OUTER, DEPTH OF — The linear average dimension measured from the unenclosed side of the court to the farthest wall thereof. COURT, OUTER, WIDTH OF — The linear dimension of the unenclosed side of the court. CURB LEVEL — The established elevation of the street grade at the point that is opposite the center of the wall nearest to and facing the street line. DWELLING, MULTIPLE — A building or portion thereof containing three (3) or more dwelling units. DWELLING, ONE -FAMILY — A detached building containing one (1) dwelling unit only. DWELLING, ROW OR ATTACHED — A one -family dwelling with two (2) common or party walls separating it from adjacent units on both sides. DWELLING, SEMIDETACHED — A one -family dwelling with one (1) wall in common with an adjacent dwelling. DWELLING, TWO-FAMILY — A detached building containing two (2) dwelling units only. DWELLING UNIT — A building or entirely self- contained portion thereof containing complete housekeeping facilities for only one (1) family, including any domestic servants employed on the premises, and having no enclosed space (other than vestibules, entrance or other hallways or porches) or cooking or sanitary facilities in common with any other "dwelling unit." A 10010 4-25-83 § 100-13 ZONING § 100-13 house trailer, a boarding- or rooming house, convalescent home, fraternity or sorority house, hotel, motel, inn, lodging or nursing or other similar home or other similar structure shall not be deemed to constitute a "dwelling unit." • FAMILY — One (1) or more persons occupying a dwelling unit as a single nonprofit housekeeping unit. More than five (5) persons, exclusive of domestic servants, not related by blood, marriage or adoption shall not be considered to constitute a "family." FLOOR AREA — The sum of the gross horizontal areas of all floors of the building or buildings on a lot, having a clear height of not less than six (6) feet, measured from the exterior faces of exterior walls or from the center line of party. walls separating two (2) buildings, including cellar and basement areas. [Amended 2-1-83 by L.L. No. 2-1983] FLOOR AREA, LIVABLE — All spaces within the ex- terior walls of a dwelling unit, exclusive of garages, breezeways, unheated porches, cellars, heater rooms and approved basements having a window area of less than ten percent (10%) of the square foot area of the room. "Usable floor area" shall include all spaces not otherwise excluded above, such as principal rooms, utility rooms, bathrooms, all closets and hallways opening directly into any rooms within the dwelling unit and all attic space having a clear height of six (6) feet from finished floor level to pitch of roof rafter with a clear height of seven (7) feet six (6) inches from finished floor level to ceiling level over fifty percent (50%) of the area of such attic space. [Amended 271-83 by L.L. No. 2-1983] FLOOR AREA RATIO — The floor area in square feet of all buildings on a lot divided by the area of such lot in square feet. GARAGE, PRIVATE — A building used for the storage of one (1) or more gasoline or other power -driven vehicles owned and used by the.owner or tenant of the lot on which 10011 4-25-83 § 100-13 SOUTHOLD CODE § 100-13 the garage is erected and for the storage of not exceeding two (2) additional vehicles (not trucks) owned or used by others. GARAGE, PUBLIC — A building, other than a private garage, used for housing or care of gasoline or other power - driven vehicles, or where such vehicles are equipped for operation, repaired or kept for remuneration, hire or sale. • HEIGHT — The vertical distance measured from the average elevation of the finished grade of the land im- mediately adjacent to the building to the highest point of the roof for flat and mansard roofs and to the mean height between eave and ridge for other types of roofs. [Amended 2-1-83 by L.L. No. 2-19831 HOME OCCUPATION — This shall be understood to include the professional office or studio of a doctor, dentist, teacher, artist, architect, engineer, musician, lawyer, magistrate or practitioners of a similar character, or rooms used for "home occupations," including home baking, millinery or similar handicrafts, provided that the office, studio or occupational rooms are located in a dwelling in which the practitioner resides and provided further that no goods are publicly displayed on the premises and no sign or advertisement is shown other than a sign not larger than two (2) square feet in total area, bearing only the name and occupation (words only) of the practitioner. [Amended 2-1- 83 by L.L. No. 2-19831 HOTEL — A building occupied as the more or less tem- porary abiding place of individuals, who are lodging with or without meals, in which there are more than ten (10) rooms usually occupied singly and in which no provision is made for cooking in any room or individual apartment. JUNKYARD — Land occupied or to be occupied for storage of old wood, paper, cloth or metal, including old automobiles, trucks, equipment, machinery, fixtures and appliances not usable as originally designed, and also including any portion of such old automobiles, trucks, 10012 4-25-83 § 100-13 ZONING § 100-13 equipment or machinery as may be sold as and for junk or salvage.' LOT — Any parcel of land, not necessarily coincident with a lot or lots shown on a map of record,'which is occupied or which is to be occupied by a building and its accessory buildings, if any, or by a group of buildings accessory • thereto, if any, together with the required open spaces appurtenant to such buildings or group of buildings. LOT, CORNER — A lot at the junction of and abutting on two (2) or more intersecting streets where the interior angle of intersection does not exceed one hundred thirty-five degrees (135°). A lot abutting a curved street shall be deemed a "corner lot" if the tangents to the curve at the points of intersection of the side lot lines with the street lines intersect at an interior angle -of less than one hundred thirty-five degrees (1351). LOT COVERAGE — That percentage of the lot area covered by the building area. [Added 2-1-83 by L.L. No. 2- 19831 LOT DEPTH — The minimum distance from the street line of the lot to the rear lot line of such lot. LOT LINE — Any boundary of a lot other than a street line. LOT LINE, REAR — The lot line generally opposite to the street line; if the "rear lot line" is less than ten (10) feet in length, or if the lot comes to a point in the rear, the "rear lot line" shall be deemed to be a line, not less than ten (10) feet long, lying farthest from the front lot line and parallel to the front lot line. • LOT WIDTH — The average distance between side lot lines, taken at the front yard or setback line and measured at right angles to the side lot lines or along a line parallel to, the street. MAIN FLOOR—The largest area found by the projection of a horizontal plane through the livable floor area which is enclosed by the exterior walls of the building. Editor's Note: See also Oh. 54, Junkyards. 10013 4-25-83 § 100-13 SOUTHOLD CODE § 100-13 MANUFACTURING — Any process whereby the nature, size or shape of articles or raw materials is changed, or where articles are assembled or packaged. MARINA or BOAT BASIN — Any premises containing one (1) or more piers, wharves, docks, moorings, bulkheads, buildings, slips, basins or land under water, designed, used or intended to be used primarily for the • docking or mooring of boats, for or without compensation. MOTEL — A building containing guest rooms, each of which, or each pair of which, has a separate entrance leading directly from the outside of the building, with parking space conveniently located to each unit, and which is designed, used or intended to be used primarily for the accommodation of motor vehicle transients. NONCONFORMING USE — Any use, whether of a building or tract of land, or both, existing on the effective date of this chapter, which does not conform to the use regulations of the district in which it is located. PARTIAL SELF-SERVICE GASOLINE SERVICE STATION — A gasoline service station primarily for the servicing of motor vehicles and the dispensing of gasoline by means of a qualified attendant controlling an approved console regulating the flow of gasoline into fixed and approved dispensing equipment thereafter to be operated by the customer at one (1) set of pumps on one (1) pump island and by a qualified attendant operating dispensing equipment at all other pump islands. [Added 4-11-78 by L.L. No. 2-19781 PRINCIPAL BUILDING — A building in which is conducted the main or principal use of the lot on which said building is located. • PUBLIC WATER: PUBLIC SEWER — Communal sewage disposal systems and communal water supply systems approved by public agencies having jurisdiction thereof. [Amended 10-26-76 by L.L. No. 5-19761 10014 4-25-83 § 100-13 ZONING § 100-13 SIGN — Any structure or part thereof, or any device attached to a building or painted or represented thereon, which shall display or include any letter, word, model, banner, pennant, insignia, device, trade flag or representation which is in the nature of, or which is used as, an announcement, direction or advertisement, for • commercial purposes or otherwise. A "sign" includes a billboard and a neon tube, string of lights or similar device outlining or hung upon any part of a building or lot, but does not include the flag or insignia of any nation or group of nations or of any governmental agency or of any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event. Excluded from this definition are "signs" which are solely devoted to prohibiting trespassing, hunting or fishing. SIGN AREA — Includes all faces of a sign, measured as follows: (1) When such sign is on a plate or framed or outlined, all of the area of such plate or the area enclosed by such frame or outline shall be included. (2) When such sign consists only of letters, designs or figures engraved, painted, projected or in any manner affixed on a wall, the total area of such sign shall be deemed the area within which all of the matter of which such sign consists may be enscribed. STORY — That part of any building, exclusive of cellars but inclusive of basements, comprised between the level of one finished floor and the level of the next higher finished floor or, if there is no higher finished floor, then that part of • the building comprised between the level of the highest finished floor and the top of the roof beams. STORY, HALF — Any space, with a minimum clear height of five (5) feet, partially within the roof framing where the clear height of not more than fifty percent (50%) of such space between the top of the floor beams and the 10015 4-25-83 § 100-13 SOUTHOLD CODE § 100-13 structural ceiling level is seven (7) feet six (6) inches or more. [Amended 2-1-83 by L.L. No. 2-19831 STREET — A street, improved to the satisfaction of the Planning Board, which is one (1) of the following: (1) An existing town, county or state highway or street. (2) A street shown on an approved subdivision final plat. • (3) A street shown on a map filed with the County Clerk (in accordance with § 280-a of the Town Law) prior to Planning Board authorization to review subdivisions.' (4) A street shown on the Town Official Map. STREET LINE — The dividing line between a lot and a street. STRUCTURAL ALTERATION — Any change in the supporting members of a building, such as beams, columns, girders, footings, foundations or bearing walls. [Amended 2-1-83 by L.L. No. 2-1983] TOURIST CAMP — Any lot, piece or parcel of ground where two (2) or more tents, tent houses, camp cottages, house cars or house trailers used as living or sleeping quarters are or may be located, said camp being operated for or without compensation.' TOURIST COTTAGE — A detached building having less than three hundred fifty (350) square feet of cross-sectional area, designed for or occupied as living and sleeping quarters for seasonal occupancy. TRAILER — Any vehicle mounted on wheels, movable either by its own power or by being drawn by another vehicle, and equipped to be used for living or sleeping • quarters or so as to permit cooking. The term "trailer" shall include such vehicles if mounted on temporary or permanent foundations with the wheels removed. , Editor's Note: For additional provisions regarding approved streets in subdivi. sions, see Ch. A106, Subdivision of Land. 2 Editor's Note: See also Ch. 88, Tourist and Trailer Camps. 10016 4-25-83 § 100-13 ZONING § 100-20 USABLE OPEN SPACE — An unenclosed portion of the ground of a lot which is not devoted to driveways or parking spaces, which is free of structures of any kind, of which not more than twenty-five percent (25%) is roofed for shelter purposes only, the minimum dimension of which is forty (40) feet and which is available and accessible to all • occupants of the building or buildings on the said lot for purposes of active or passive outdoor recreation. USE, ACCESSORY — A use customarily incidental and subordinate to the main use on a lot, whether such "ac- cessory use" is conducted -in a principal or accessory building. YARD — An open space, other than a court, on the same lot with a building, which is, exclusive of trees, shrubs and natural rock formations, unoccupied and unobstructed from the ground upward. [Added 2-1-83 by L.L. No. 2- 19831 YARD, FRONT — An unoccupied ground area open to the sky between the street line, or between the street line established by the Official Map of the town or an approved subdivision plat,' and a line drawn parallel thereto. YARD, REAR — An unoccupied ground area fully open to the sky between the rear lot line and a line drawn parallel tjlereto. YARD, SIDE — An unoccupied ground area fully open to the sky between any property line, other than a street or rear lot line and a line drawn parallel thereto between the front and rear yards. • ARTICLE II Districts § 100-20. District designations. For the purpose of this chapter, the Town of Southold, outside of the 'incorporated villages, is. hereby divided into districts designated as follows: I Editor's Note: For provisions regarding approval of subdivision plats, "see Ch. A100, Subdivision of Land. 10016.1 4-25-83 § 100-20 SOUTHOLD CODE § 100-22 A. A Residential and Agricultural Districts. B. M Light Multiple -Residence Districts. C. M-1 General Multiple -Residence Districts. D. B Light Business Districts. E. B-1 General Business Districts. F. C Light Industrial Districts. G. C-1 General Industrial Districts. [Amended 7-31-731 § 100-21. Zoning Map. The boundaries of the said districts are hereby established as shown on the Building Zone Map, which accompanies this chapter and which, with all explanatory matter thereon, is hereby adopted and made a part of and incorporated into this chapter. Said map, indicating the latest amendments, shall be kept up-to-date, and a copy thereof shall be kept in the office of the Building Inspector for the use and benefit of the public. § 100-22. District boundaries. In determining the boundaries of districts shown on the Zoning Map, the following rules shall apply: A. Where district boundaries are indicated as approximately following the center lines of streets, highways, waterways or railroad rights-of-way, or such lines extended, such center lines shall be construed to be such boundaries. • B. Where such boundaries are indicated as approximately • following the property lines of parks or other publicly owned lands, such lines shall be construed to be such boundaries. C. Unless otherwise shown, all district boundaries running parallel to streets shall be construed to be two hundred (200) feet back from the rights-of-way of said streets. 10016.2 4-25-83 § 100-22 ZONING § 100-22 D. In all cases where a district boundary divides a lot in one (1) ownership and more than fifty percent (50%) of the area of such lot lies in the less restricted district, the regulations prescribed by this chapter for the less restricted district shall apply to such portion of the more restricted portion of said lot which lies within thirty (30) feet of such district • boundary. For the purposes of this subsection, the "more restricted district" shall be deemed that district subject to regulations which: • (Cont'd on page 10017) 10016.3 4-25-83 § 100-22 ZONING § 100-23 (1) Prohibit the use intended to be made of said lot; or (2) Require higher standards with respect to coverage, yards, screening, landscaping and similar requirements. E. In all cases where a district boundary line is located not more than fifteen (15) feet from a lot line of record, such boundary line shall be construed to coincide with such lot line. F. In all other cases where dimensions are not shown on the map, the location of boundaries shown on the map shall be determined by the use of the scale appearing thereon. G. Unless shown on the Zoning Map, all tidal lands and lands under water shall be deemed to be within the use district to which they are contiguous. § 100-23. Effect of establishment of districts. Following the effective date of this chapter: A. No building shall be erected, moved, altered, rebuilt or enlarged, nor shall any land or building be used, designed or arranged to be used for any purpose or in any manner, except in conformity with all regulations, requirements and restrictions specified in this chapter for the district in which such building or land is located. B. No yard or open space required in connection with any building or use shall be considered as providing a required open space for any other building on the same or any other lot. • C. No lot shall be formed from part of a lot already occupied by a building unless such building, all yards and open spaces connected therewith and the remaining lot comply with all requirements prescribed by this chapter for the district in which said lot is located. No building permit shall be issued for the erection of a building on any new lot thus created unless such building and lot comply with all the provisions of this chapter. 10017 §. 100-23 SOUTHOLD CODE § 100-30 D. Nothing contained in this chapter shall require any change in the plans, construction or designated use of a building complying with the Zoning Ordinance in force prior to this chapter. If the following is found to exist: (1) A building permit shall have been duly issued and construction shall have been started before the ef- fective date of this chapter. (2) The ground story framework (including the second tier of beams) shall have been completed within six (6) months of the date of the building permit. (3) The entire building shall have been completed in accordance with such plans as have been filed with the Building Inspector within one (1) year from the ef- fective date of this chapter. E. Any use not permitted by this chapter shall be deemed to be prohibited. F. Notwithstanding the limitations imposed by any other provisions of this chapter, no building, dredging or filling operation shall be permitted below the datum of mean high water of tidal waters unless such building, dredging or filling operations have been duly authorized and are conducted in conformity with all laws, ordinances, rules and regulations of all governmental agencies having jurisdiction thereof.' ARTICLE III A Residential and Agricultural District § 100-30. Use regulations. • In an A District, no building or premises shall be used, and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. 5 Editor's Note: see also Ch. 32, Boats, Docks and wharves, and Ch. 97, Wetlands. 10018 § 100=30 ZONING § 100-30 (1) One -family detached dwellings, not to exceed one (1) dwelling on each lot. (2) The following commercial agricultural operations and accessory uses thereto, including irrigation, provided that there shall be no storage of manure or other odor - or dust -producing substance or use, except spraying • and dusting to protect vegetation, within one hundred fifty (150) feet of any lot line: (a) The raising of field and garden crops, vineyard and orchard farming, the maintenance of nurs- eries and the seasonal sale of products thereof in buildings, subject to the following special re- quirements: [1] All one-story buildings for display and retail sales of agricultural and nursery products grown primarily on the premises shall not exceed one thousand (1,000) square feet in floor area. Display of produce shall be not less than ten (10) feet from all street and lot lines. Any stand in excess of one hundred (100) square feet in floor area shall be set back twenty (20) feet from the street line. Any stand in existence at the effective date of this chapter must, within one (1) year, comply with . all of the provisions hereof. [2] All signs shall conform to the provisions of § 100-30C(6)(b). (b) The keeping, breeding, raising and training of horses, domestic animals and fowl (except ducks)' • on lots of ten (10) acres or more. [Amended 2-1-83 by L.L. No. 2-19831 (c) Barns, storage buildings, greenhouses (including plastic -covered) and other related structures, provided that such buildings shall conform to the I Editor's Note: For provisions regarding the raising of ducks, see Ch. 41, Ducks. 10019 4-25-83 § 100-30 SOUTHOLD CODE § 100-30 .yard requirements for principal buildings. [Amended 2-1-83 by L.L. No. 2-19832 (3) Buildings, structures and uses owned or operated by the Town of Southold. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special • exception by the Board of Appeals, as hereinafter provided, and subject to site plan approval by the Planning Board in accordance with Article XIII hereof: (1) Two-family dwellings, conversion of existing buildings and new construction, not to exceed one (1) such dwelling on each lot. (2) Places of worship, including parish houses (but ex- cluding a rectory or parsonage, which shall conform to the requirements for a one -family dwelling), subject to the following requirements: (a) No building or part thereof shall be erected nearer than fifty (50) feet to any street line and nearer than twenty (20) feet to any lot line. (b) The total area covered by all principal and ac- cessory buildings shall not exceed twenty percent (20%) of the area of the lot. (3), Private schools, colleges and other educational in- stitutions, subject to the following requirements: (a) No building shall be less than fifty (50) feet from any street or lot line. (b) The total area occupied by all principal and ac- cessory buildings shall not exceed twenty percent (20%) of the area of the lot. • (c) Any such school shall be a nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively thereunder as such. ' Editor's Note: This local law also repealed former subsection A(2)(c), as amended 5.30.75 by L.L. 3-1975, which listed the keeping of not more than two (2)horses or ponies for personal use as a permitted use in an A District and redesignated former Subsection A(2)(d) as this Subsection A(2)(c). 10020 4-25-83 § 100-30 ZONING § 100-30 (d) Any such school shall occupy a lot with an area of not less than five (5) acres plus one (1) acre for each twenty-five (25) pupils for which the building is designed. (4) Libraries, philanthropic, eleemosynary or religious institutions, hospitals, nursing and rest homes or • sanitaria for general medical care, but excluding facilities for the treatment of all types of drug ad- diction, subject to the following requirements: (a) No building or part thereof or any parking or loading area shall be located within one hundred (100) feet of any street line nor within fifty (50 ) feet of any lot line. (b) The total area covered by principal and accessory buildings shall not exceed twenty percent (20%) of the area of the lot. (c) The maximum height shall be thirty-five (35) feet or two and one-half (2'/s) stories. (d) The entire lot, except areas occupied by buildings or parking or loading areas, shall be suitably landscaped and properly maintained. (e) Sufficient exterior illumination of the site shall be required to provide convenience and safety. All such illumination shall be shielded from the view of all surrounding streets and lots. (f) Any nursing home, hospital or sanitarium shall meet the following standards: [1] All buildings shall be of fire -resistive con- struction. [2] All such uses shall be served by adequate water and sewer systems approved by the Suffolk County Department of Health. [3] Patients suffering from communicable diseases shall not be permitted in any nursing home or sanitarium (communicable 10021 § 100-30 SOUTHOLD CODE § 100-30 diseases are defined by the Sanitary Code of the Public Health Council of the State of New York. [4] Eight thousand (8,000) square feet of lot area shall be provided for each patient bed. (5) Public utility rights-of-way as well as structures and other installations necessary to serve areas within the • town, subject to such conditions as the Board of Appeals may impose in order to protect and promote the health, safety, appearance and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed. (6) Fraternity houses, golf courses and annual mem- bership clubs catering exclusively to members and their guests, or other recreational facilities open to the public, and accessory playgrounds, beaches, swim- ming pools, tennis courts and recreational buildings, subject to the following requirements: (a) No building or part thereof or any parking or loading area shall be located within one hundred (100) feet of any street line nor within fifty (50 ) feet of any lot line. (b) The total area covered by principal and accessory buildings shall not exceed twenty percent (20%) of the area of the lot. (c) Such use shall not be conducted for profit as a business enterprise. (d) No such use shall occupy a lot with an area of less than three (3) acres. (e) The direct source of all exterior lighting shall be . shielded from the view of surrounding residential lots. (7) Children's recreation camps organized primarily for seasonal use, subject to the following requirements: (a) No building, tent, activity area or recreation facility shall be less than two hundred (200) feet 10022 § 100-30 ZONING § 100 -30 - from any lot line, and any such building, tent, activity area or recreation facility shall be effectively screened therefrom as required by the Planning Board. Buildings intended for use as sleeping quarters shall be not less than thirty (30) feet from each other, except tents, which shall be not less than ten (10) feet apart. • [Amended 7-31-731 (b) The minimum lot area shall be not less than ten thousand (10,000) square feet for each cottage, tent or other principal building, and not less than three thousand (3,000) square feet of land area shall be provided for each person accommodated in the buildings or tents on the premises. (c) All outdoor lighting shall be arranged and/or shielded to eliminate the glare of lights toward nearby residential lots, streets or other public facilities. (d) The sound level of all outdoor .public address systems shall not exceed the intensity tolerable in a residential neighborhood. (8) Labor camps, farm and nonfarm, subject to the following requirements: (a) All farm labor camps on farms shall be con- structed in conformance with applicable laws and shall not be located nearer to any other residence than the residence of the employer, except by specific review and approval of the Board of Appeals. (9) Boat docking facilities for the docking, mooring or accommodation of noncommercial boats, subject to 'the following requirements:' (a) There shall be docking or mooring facilities for no more than two (2) boats other than those owned and used by the owner of the premises for his personal use. [Amended 7-31-731 I Editor's Note: see also Ch. 32, Boats, Docks and wharves. 10023 4-25-83 § 100-30 SOUTHOLD CODE § 100-30 (10) Veterinarian offices and animal hospitals, subject to the following requirements: (a) The housing of all animals shall be in a fully enclosed structure if nearer than one hundred (100) feet to any lot line. (11) Cemeteries. (12) Stables and riding academies. (13) Funeral homes and undertaking establishments. (14) 'Wineries for the production and retail sale of wine produced from grapes primarily grown on the vineyard on which such winery is located. [Added 2-1- 83 by L.L., No. 2-19831 C. [Amended 7-31-73] Accessory uses, limited to the follow- ing: (1) Home occupations, provided that: (a) No display of goods is visible from the street. (b) Such occupation is incidental to the residential use of the premises and is carried on in the main building by the resident therein with not more than one (1) nonresident assistant. (c) Such occupation is carried on in an area not exceeding thirty percent (30%) of the area of one (1) floor of the main building. (d) There shall be no exterior effect at the property line, such as noise, traffic, odor, dust, smoke, gas, fumes or radiation. (e) Studios where dancing or music instruction is offered to groups in excess of five (5) pupils at one (1) time, or where concerts or recitals are held, are prohibited.' ' Editor's Note: Former Subsection B(14), which permitted sales of personal property, was repealed 5.28.73. 2 Editor's Note: Original Subsection C(1)(e) and (f) were deleted, as they duplicated Subsection C(1)(b) and (c). 10024 4-25-83 17J § 100-30 . ZONING § 100-30 (2) [Amended 2-1-83 by L.L. No. 2-19831 Garden house, toolhouse, storage building, playhouse, wading pool or swimming pool incidental to the residential use of the premises and. not operated for gain, subject to the following requirements: • (a) Any swimming pool shall be completely enclosed with a permanent chainlink or similar -type fence of not more than two-inch mesh, not less than four (4) feet in height, erected, maintained and provided with a self-closing, ' self -latching gate to prevent unauthorized use of the pool and to prevent accidents. However, if said pool is located more than four (4) feet above the ground, then a fence is not required, provided that all points of access to said pool are adequately protected by a self-closing, self -latching gate. Any swimming pool in existence at the effective date of the provisions of this subsection shall, within one (1) year from such date, comply with all of the provisions hereof. [Amended 2-1-83 by L.L. No. 2- 19831 (3) Private garages; provided, however, that not more than two (2) passenger automobile spaces in such garages may be leased to persons not resident on the premises. (4) [Amended 2-1-83 by L.L. No. 2-1983] The storage of either a boat or travel trailer, owned and used by the owner or occupant of the premises -on which such boat or travel trailer is stored, for his personal use, subject to the following requirements: • (a) Such boat or trailer shall not exceed thirty (30) feet in length. (b) Such boat or trailer shall be stored only in the required rear yard, and the area occupied therefor, together with the area of all buildings in the rear yard, shall not exceed forty percent (40%) of the area of the required rear yard. 10025 4-23-83 § 100-30 SOUTHOLD CODE . § 100-30 (c) Such boat or trailer shall not be located within fifteen (15) feet of any street or lot line. (5) Horses and domestic animals other than household pets, provided that such shall not be housed within forty (40) feet of any lot line. Housing for flocks of more than twenty-five (25) fowl shall not be con- structed within fifty (50) feet of any line. [Amended 5- • 29-73; 5-30-75 by L.L. No. 3-19751 (6) The following signs, subject to the supplementary sign regulations hereinafter set forth: (a) One (1) indirectly illuminated nameplate or professional sign not more than two (2) square feet in area. (b) Not more than three (3) signs with a combined total area of not more than seventy-two (72) square feet, no one (1) of which shall be larger than four by six (4 x 6) feet in size, advertising only the sale of farm, garden or nursery products produced or grown on the premises or of animals raised on the premises. (c) One (1) real estate sign, either single- or double- faced, not larger than three by four (3 x 4) feet in size on any one (1) or more lots, advertising the sale or lease of only the premises on which it is maintained, and set back not less than ten (10) feet from any lot line. (d) One (1) sign, either single- or double-faced, not exceeding twenty-four (24) square feet in size, set back at least thirty-five (35) feet from the street line and ten (10) feet from either side line, ad- • vertising the sale or lease of acreage or the sale of lots in a subdivision having a continuous frontage of five hundred (500) feet or more. (e) One (1) bulletin board or other announcement or identification sign for uses permitted in § 100- 10026 4-25-83 c § 100-30 ZONING § 100-31 30B(2), (3), (4), (6), (7) and (10) hereof, not more than thirty-two (32) square feet in area, located not less than five (5) feet from any street or lot line. (f) Such other signs as may be authorizedFas a special exception by the Board of Appeals as hereinafter provided. (7) [Added 5-29-731 Yard sales, attic sales, garage sales, auction sales or similar -type sales of personal property owned by the occupant of the premises and located thereon, subject to the following requirements: (a) Not more than one (1) such sale shall be con- ducted on any lot in any one (1) calendar year. (b) Adequate supervised parking facilities shall be provided. (c) No signs, except one (1) on -premises sign not larger than three by four (3 x 4) feet in size, displayed for a period of not longer than one (1) C week immediately prior to the day of such sale, shall be permitted. (d) A permit is obtained therefor from the Building Inspector upon the payment of a fee of fifteen dollars ($15.). § 100-31. Bulk and parking requirements. [Amended 8-9-83 by L.L. No. 9-1983] No building or premises shall be used and no building or part thereof shall be erected or altered in the A Residential and Agricultural District, unless the same conforms to the following bulk and parking requirements: A. In the case of a lot held in single and separate ownership prior to November 23,,1971, and thereafter, with an area of less than forty thousand (40,000) square feet, a single- family dwelling may be constructed thereon, provided that 10027 20.25 - 93 § 100-31 SOUTHOLD CODE § 100-31 the requirements of Column A of the Bulk and . Parking Schedule incorporated into this chapter are complied with.' B. The bulk and parking requirements for single-family dwell- ings, as set forth in Column A-40 of the Bulk and Parking Schedule incorporated into this chapter, shall apply to the following lots: (1) All lots shown on major and minor subdivision maps which were granted final approval by the Planning Board prior to May 20, 1983. [Amended 10-4-83 by L.L. No. 10-1983] (2) All lots shown on major subdivision maps upon which the Planning Board has held a hearing for preliminary map approval prior to May 20, 1983. (3) All lots shown on minor subdivision maps that have been granted sketch plan approval by the Planning Board prior to May 20, 1983. (4) All lots set off or created by approval of the Planning Board subsequent to November 23, 1971, and prior to May 20, 1983. C. The bulk and parking requirements for single-family dwell- ings set forth in Column A-80 of the Bulk and Parking Schedule incorporated into this chapter shall apply to the following lots: (1) All lots shown on minor subdivision maps which have been granted sketch plan approval by the Planning Board on or after May 20, 1983. (2) All lots shown on major subdivision maps upon which the Planning Board has held a hearing for preliminary map approval on or after May 20, 1983. (3) All lots set off or created by approval of the Planning Board on or after May 20, 1983. D. The bulk and parking requirements for two-family dwell- ings set forth in Column A-160 of the Bulk and Parking Editor's Note: The Bulk and Parking Schedule Is included at the end of this chapter. 10028 10-25-83 i t A § 100-31 ZONING § 100-31.1 Schedule incorporated into this chapter shall apply to the following lots: (1) All lots shown on minor subdivision maps which have been granted sketch plan approval by the -Planning Board on or after May 20, 1983. -- (2) All lots shown on major subdivision maps upon which the Planning Board has held a hearing for preliminary approval on or after May 20, 1983. (3) All lots set off or created by approval of the Planning Board on or after May 20, 1983. § 100-31.1. Relief from bulk and parking requirements. [Added 10-4-83 by L.L. No. 11-1983] A. Findings. (1) On May 16, 1983, the Town Board enacted Local Law No. 7-1983, which increased the minimum area, width, Cdepth and yard requirements of lots located in the A Residential and Agricultural Districts, as of its ef- fective date of May 20, 1983.1 (2) On August 9, 1983, the Town Board enacted Local Law No. 9-1983,2 which excepted certain subdivision maps from the lot area, width, depth and yard re- quirements specified in said Local Law No. 7-1983. (3) The Town Board has now ascertained that there exist many owners of land who had expended time and money in the preparation of subdivision maps con- forming to the zoning requirements in effect prior to May 20, 1983, but, due to circumstances beyond their control, were unable to have such subdivision maps approved by the Planning Board prior to May 20, 1983. (4) The Town Board finds that, in such instances, it would be inequitable to require such land owners to conform Editor's Note: See the hulk and Parking Schedule, located at the end of this chapter. ' Editor's Note: See § 100.31. 10028.1 10-25-83 § 100-31.1 SOUTHOLD CODE § 100-31.1 to the requirements established by Local Law No. 7- 1983, and that such owners should be given an op- portunity to petition the Town Board to request that the provisions of the Bulk and Parking Schedule in effect prior to May 20, 1983, shall apply to the sub- division described in said petition. B. Subdivision maps affected. The provisions of this section shall apply to the following subdivision maps: 4t. (1) Minor subdivision maps for which anapplication for sketch plan approval was filed with the Planning .Board prior to March 20, 1983. (2) Major subdivision maps for which an application for sketch plan approval was filed with the Planning Board prior to January 1, 1983. C. Time of filing petitions. Petitions for the relief provided for in this section shall be filed with the Town Clerk within six (6) months of the effective date of this section. D. Contents of petition. The petition shall be verified by the owner of the property and shall set forth such facts as the petitioner deems appropriate to indicate that the petitioner had filed an application for sketch plan approval of the subdivision map involved, that the petitioner thereafter diligently and in good faith prosecuted such application and that final approval of said subdivision map was not granted by the Planning Board prior to May 20, 1983, due to circumstances beyond the control of the petitioner. E. Procedures. (1) Upon the receipt of a petition,.the Town Board shall refer the same to the Planning Board and the Suffolk County Planning Commission (if required by Article XIII of the Suffolk County Charter) for their written recommendations. (2) Upon receipt of the written recommendations of the aforesaid planning agencies, the Town Board shall hold a public hearing on said petition upon not less 10028.2 10-25-83 A C § 100-31.1 ZONING . § 100-36 than ten (10) days' written notice published in the official town newspapers. (3) After such hearing, the Town Board shall take such action on such petition as it deems appropriate-._ F. Fees. Every petition for relief provided for in this section shall be filed with the Town Clerk and shall be ac- companied by a fee of one hundred dollars ($100.). § 100-32. Accessory buildings. In the A Residential and Agricultural District, accessory buildings and structures or other accessory uses may be located in the required rear yard, subject to the following requirements: A. Such buildings shall not exceed eighteen (18) feet in height. B. Such buildings shall be set back not less than three '(3) feet from any lot line. C C. All such buildings in the aggregate shall occupy not more than forty percent (40%) of the area of the required rear yard. § 100-33. Established front yard setback. [Amended 5-29-731 Where property in the vicinity is improved with permanent dwellings with a front yard area of less than that required by the provisions of this chapter, the front yard setback shall be the average setback of the existing dwellings within three hundred (300) feet of the proposed dwelling on the same side of the street, within the same block and the same use district. §§ 100-34 through 100-36. (Reserved)' (Cont'd on page 10029) ' Editor's Note: Former § 100.34, Corner lots, was renumbered as § 100.119 2.1.83 by L L.. No. 2.1983, which local law also redesignated former § 100.38, Substandard lots, as added 5.29.73, as § 100.34, which section was subsequently repealed 8.9.83 by L.L. No. 9• 1983. Former § 100.35, Fences, walls and hedges, was renumbered as § 1110.119.1 2.1-83 by L.L. No. 2.1983. 10028.3 10-25-93 § 100-40 ZONING § 100-40 ARTICLE IV M Light Multiple -Residence District § 100-40. Use regulations. In an M District, no building or premises shall be used, and no • building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: A. [Amended 5-30-75 by L.L. No. 3-1975] Permitted uses, subject to site plan approval of the Planning Board in accordance with Article XIII hereof. (1) Any permitted use set forth in, and as regulated by, § 100-30A of this chapter. (2) Multiple dwellings not exceeding one hundred twenty- five (125) feet in length designed for and occupied by not more than four (4) families. (3) Boarding- and tourist houses. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, and subject to site plan approval by the Planning Board in accordance with Article , XIII hereof: (1) Any special exception use set forth in, and as regulated by, § 100-30B of this chapter. C. Accessory uses. (1) Any accessory use set forth in, and as regulated by, § 100-30C of this -chapter. (2) Accessory uses on the same lot with and customarily incidental to any permitted use and not involving a separate business. (3) Signs, subject to the following requirements: (a) One (1) advertising sign, either single- or doublefaced, not more than fifty (50) square feet 10029 4-25-83 § 100-40 SOUTHOLD CODE § 100-50 in area, the lower edge of which shall not be less than four (4) feet above the ground, exclusive of pillars and posts, and the upper edge of which shall not project more than fifteen (15) feet six (6) inches above the ground. Such sign shall ad- vertise only the business conducted on the premises upon which it is located. Such sign shall • be set back not less than five (5) feet from all street and lot lines. Such sign shall comply with all of the supplementary sign regulations hereinafter set forth. § 10041. Bulk, area and parking requirements. No building or premises shall be used and no building or part thereof shall be erected or altered in the M Light Multiple - Residence District unless the same conforms with the Bulk and Parking Schedule incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full.' § 100-42. Livable floor area. [Added 5-30-75 by L.L. No. 3-19751 Each dwelling unit in a multiple dwelling in the M Light Multiple -Residence District shall have a livable floor area of not less than eight hundred fifty (850) square feet, except that a one - bedroom or studio dwelling unit shall have a livable floor area of not less than six hundred (600) square feet. ARTICLE V M-1 General Multiple -Residence District - § 100-50. Use regulations. In an M-1 District, no building or premises shall be used, and no building or part of a building shall be erected or altered which is I Editor's Note: The Bulk and Parking Schedule is included at the end of this chapter. 10030 4-25-83 § 100-50 ZONING § 100-51 arranged, intended or designed to be used, in whole or in part, for any .use except the following: A. Permitted uses. (1) Any permitted use set forth in, and as regulated by, §§ 100-30A and 100-40A of this chapter. • B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted' as a special exception by the Board of Apeals, as hereinafter provided,. and subject to site plan approval by the Planning Board in accordance with Article XIII hereof: (1) Any special exception use set forth in, and as regulated by, § 100-30B of this chapter. (2) Marinas for the docking, mooring or accommodation of noncommercial boats." (3) Multiple dwellings. (4) Hotels and motels. (5) Tourist camps." C. Accessory uses. (1) Any accessory use set forth in, and as regulated by, §§ 100-30C and 100-40C of this chapter. (2) Accessory uses on the same lot with and customarily incidental to any permitted use and not involving a separate business. (3) Signs as set forth in § 100-40C(3) of this chapter. [Added 2-1-83 by L.L. No. 2-1983] • § 100-51. Bulk, area -and parking requirements. No buildings or premises shall be used and no building or part thereof shall be erected or altered in the M-1 General Multiple - Residence District unless the same conforms with the "Bulk and Parking Schedule" incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full. " Editor's Note: See also Ch. 32, Boats, Docks and wharves. " Editor's Note: See also Ch. 88, Tourist and Trailer Camps. 10031. 4-25-83 § 100-52 SOUTHOLD CODE § 100-60 § 100-52. Building length and separation. A. No building shall exceed one hundred twenty-five (125) feet in length. B. The minimum distance between principal buildings shall be equal to two (2) times the height of the highest building, and the minimum distance between a principal and an accessory building shall be twenty (20) feet. C. Any inner court shall have a minimum dimension of sixty (60) feet, and any outer court shall have a minimum dimension of twenty (20) feet and its depth shall not exceed its width. § 100-53. Livable floor area. [Added 5-30-75 by L.L. No. 3-1975] Each dwelling unit in a multiple dwelling in the M-1 General Multiple -Residence District shall have a livable floor area of not less than eight hundred fifty (850) square feet, except that a one - bedroom or studio dwelling unit shall have a livable floor area of not less than six hundred (600) square feet. ARTICLE VI B Light Business District § 100-60. Use regulations. In a B District, no building or premises shall be used, and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses, subject to site plan approval by the Planning Board in accordance with Article XIII hereof. • [Amended 10-26-76 by L.L. No. 5-1976; 2-1-83 by L.L. No. 2-1983] (1) Any permitted uses set forth in, and as regulated by, the following provisions of this chapter: (a) Subsection A(2) and (3) of § 100-30. (b) Subsection A(3) of § 100-40. 10032 4-25-83 § 100-60 ZONING § 100-60 (2) Business, professional and governmental offices. (3) Banks and financial institutions. (4) Retail stores. (5) Restaurants. (6) Bakeshops (for on -premises sale at retail) (7) Laundromats and similar establishments. (8) Personal service stores and shops. (9) Marinas for the docking, mooring and accommodation of noncommercial boats, including the sale of fuel and oil primarily for the use of boats accommodated in such marina." B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board in accordance with Article XIII hereof: (1) [Amended 10-26-76 by L.L. No. 5-19761 Any special exception use set forth in, and as regulated by, the following provisions of this chapter: (a) Subsection B(2) to (13), inclusive, of § 100-30. (b) Subsection B(2), (4) and (5) of § 100-50. C. Accessory uses. [Amended 5-30-75 by L.L. No. 3-1975; 10- 26-76 by L.L. No. 5-19761 (1) Accessory uses on the same lot with and customarily incidental to any permitted use and not involving a separate business. (2) Signs, subject to the following requirements: (a) Detached or ground signs. One (1) sign, single- or double-faced, not more than six (6) feet six (6) inches in height and twelve (12) feet six (6) inches in width, the lower edge of which shall be not less Editor's Note: See also Ch. 32, Boats, Docks and wharves. 10033 12 - 25 76 § 100-60 SOUTHOLD CODE § 100-60 than four (4) feet above the ground and the upper edge of which shall not extend more than fifteen (15) feet six (6) inches above the ground, which sign shall be set back not less than five (5) feet from all street and property lines and shall ad- vertise only the business conducted on the premises. As used in this subsection, the word "Premises" shall mean all contiguous property in common ownership. (b) Wall signs. One (1) sign attached to or' in- corporated in each building wall on a public street and advertising only the business conducted in such building, provided that such sign does not: [1] Exceed two (2) square feet in total area for each horizontal . foot of such wall. [2] Exceed in width one hundred percent (100%) of the horizontal measurement of such wall. [3] Exceed ten (10) feet in height. [4] Project more than one (1) foot from such wall. (c) Roof signs. In lieu of a wall sign authorized by the preceding Subsection C(3)(b), a roof sign shall be permitted, provided that the same is attached to or incorporated in a roof, which sign shall .ad- vertise only the business conducted in the building upon which it is attached, and provided that such sign does not: [1] Exceed two (2) square feet in total area for each lineal foot of such roof. [2] Extend above the highest point of the roof in the case of a pitched roof, and in all other cases, exceed two (2) feet six (6) inches in height above the highest' point of the roof. [3] Project beyond the edge of the roof. 10034 12-25-76 § 100-61 ZONING . § 100-62 § 100-61. Bulk, area and parking requirements. No building or premises shall be used and no building or part thereof shall be erected or altered in the B Light Business District unless the same conforms with the "Bulk and Parking Schedule" incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full. § 100-62. Retail shopping centers. Notwithstanding any other provisions of this Article, a building or a combination of buildings containing retail stores, mercantile establishments, offices, banks and financial institutions, com- monly known as shopping centers, may be erected or altered in the B Business District, subject, however, to the following requirements A. Approval of site development plans by the Planning Board in accordance with Article XIII hereof. B. The lot area shall be not less than one (1) acre and the lot width shall be not less than one hundred fifty (150) feet. C. At least twenty-five percent (25%) of the lot area shall be landscaped with grass and plantings. D. The required front yards shall be not less than thirty-five (35) feet, except that where the property in the vicinity is partly built up with permanent buildings and an average setback line has been established, no building shall project beyond the line of the average setback so established. E. The required side yards shall be not less than twenty-five (25) feet. F. The required rear yard shall be not less than twenty-five (25) feet. G. Parking shall be provided in off-street parking areas which shall provide one (1) parking space, three hundred fifty (350) square feet in area, for each one hundred (100) square feet of sales floor area or office floor area in each building. [Amended 5-29-73] 10035 4-25-83 § 100-62 SOUTHOLD CODE . § 100-70 H. All rainfall and stormwater accumulated on the premises shall be returned to the ground within the boundaries of the premises. I. The total floor area for each retail or service establishment located therein shall not exceed ten thousand (10,000) square feet. • § 100-63. Uses confined to enclosed buildings. [Amended 5-30-75 by L.L. No. 3-1975] All uses permitted in a B District, including the display and sale of merchandise and the storage of all property, except living plants, shrubs or trees, shall be confined to fully enclosed buildings on the premises. ARTICLE VII B-1 General Business District § 100-70. Use regulations. In the B-1 District, no building or premises shall be used, and no building or part thereof shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses, subject to site plan approval by the Planning Board in accordance with Article XIII hereof. [Amended 7-31-73; 10-26-76 by L.L. No. 5-1976; 21-83 by L.L. No. 2-19831 .(1) Any permitted use set forth in, and as regulated by, the following provisions of this chapter: (a) Subsection A(2) and (3) of § 100-30. • (b) Subsection A(3) of § 100-40. (c) Subsection A(2) to (9), inclusive, of § 100-60. (d) Section 100-62. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter 10036 4-25-83 § 100-70 ZONING § 100-70 provided, subject to site plan approval by the Planning, Board in accordance with Article XIII hereof: (1) [Amended 10-26-76 by L.L. No. 5-1976] Any special - exception use set forth in, and as regulated by, the following provisions of this chapter: • (a) Subsection B(2) to (13), inclusive, -of .§- 100-30. (b) Subsection B(2); (4) and (5) of § 100-50. (2) Places 'of amusement. (3) Fishing stations. (4) Public'garages, gasoline service stations and new and, used car lots, all subject - to the following requirements: (a)' Entrance and exit driveways shall have .an, unrestricted width 'of not less than' twelve (12) feet and not more than thirty (30) feet and shall be located not less .than ten (10) feet from any property line, and shall be so laid out as to avoid the necessity of any vehicle backing out across any public right-of-way. (b) Vehicle lifts or pits, dismantled automobiles and all parts .or supplies shall be located within a building. (c) All service or repair of motor vehicles, other than such minor servicing as change of tires or sale of gasoline or oil, shall be conducted in a building. (d) The storage of gasoline or flammable oils in bulk shall be located fully underground and not less than thirty-five (35) feet from any property line other than the street line. (e) No gasoline or fuel pumps or tanks shall be located less than fifteen (15) feet from any street or property line. _ (f) No motor vehicle sales, used car lots,. gasoline service or repair shops or similar businesses are to 10037 7 - as - 79 § 100-70 SOUTHOLD CODE - § 100-70 be located within three hundred (300) feet of a church, public school, library, hospital, -or- phanage or 'a rest home. [Amended 5-30-75 by - L.L. No:. 3-19751 (5) [Added 4-11-78 by L.L. No. 2-19781] Partial. self service gasoline service stations shall be subject to all of the provisions of § 100-70B(4), .and the -following additional requirements •' (a) Each partial self-service gasoline facility shall have a qualified attendant on duty whenever the station is open for business. It shall be the duty of the qualified attendant to control and operate, both the console regulating. the flow of gasoline to the dispensing equipment thereafter to be operated by the customer at the self-service pump island and the dispensing equipment on. the other pump islands. (b) Gasoline shall at no time be dispensed without the direct supervision of the qualified attendant.. A control shall be provided which will shut off the flow of gasoline to the dispensing equipment at the self-service, pump _ island whenever the qualified attendant, is absent from the .control console for any reason whatever, including when he is operating the, dispensing equipment. on the other pump islands. (c) The console regulating the,'flow of gasoline to the remote dispensing equipment thereafter operated by the customer at the self-service pump island shall.be situated in such a manner as to give the qualified attendant controlling said console' an unobstructed view of the operation of said remote dispensing equipment. (d).The self-service'pump island shall have controls on all pumps that will permit said pumps to' Editor's Note: This local law also renumbered former Subsection B(8) to become B(8). 10038 7-25-78 § 100-70 ZONING § 100-71 operate only when a dispensing nozzle is removed from its bracket on the pump and the switch for this pump is manually operated. (e) The self-service pump island shall be protected by an automatic fire protection system in the form of an approved system of dry power release which • will act as an automatic fire extinguisher. (f) No customer shall be permitted to dispense gasoline unless he shall possess a valid motor vehicle operator's license. (g) There shall be no latch -open device on any self- service dispensing nozzle. (6) Cabinet shops, carpenter shops, electrical shops, plumbing shops, furniture repair shops and bicycle and motorcycle shops. [Added 5-30-75 by L.L. No. 3- 19751 C. Accessory uses. [Amended 10-26-76 by L.L. No. 5-19761 (1) Accessory uses on the same lot with and customarily incidental to any permitted use and not involving a separate business. (2) Signs as set forth in § 100-60C(2) of this chapter. [Added 2-1-83 by L.L. No. 2-19831 § 100-71. Bulk, area and parking requirements. No building or premises shall be used and no building or part • thereof shall be erected or altered in the B-1 General Business District unless the same conforms with the "Bulk and Parking Schedule" incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full. 10038.1 4-25-83 § 100-80 SOUTHOLD CODE § 100-80 ARTICLE VIII C Light Industrial District § 100-80. Use regulations. In a_ C District, no building or premises shall be used, and no building or part of a building shall be erected or altered which is • arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. (1) [Amended 10-26-76 by L.L. No. 5-19761 Any permitted uses set forth in, and as regulated by, the following provisions of this chapter: (a) Subsection A(2) and (3) of § 100-30. B. Uses permitted by special exception by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board in accordance with Article XIII hereof. (1) Industrial uses, including manufacturing, assembling, converting, altering, finishing, cleaning or other (Cont'd on page 10039) • 10038.2 4-25-83 § 100-80 ZONING § 100-80 processing, handling or storage of products or materials, involving the use of only oil, gas or elec- 11 Editor's Note: See also Ch. 32, Boats, Docks and Wharves. 10039' 4-25-83 tricity for fuel. (2) Research, design and development laboratories; office buildings. • (3) Wholesale storage and warehousing. (4) Building contractors' yards. (5) Public utility structures and uses. (6) Newspaper and printing establishments. (7) Bus and truck terminals (garages, parking facilities, loading docks, etc.). (8) Food processing and packaging plants. (9) Marinas for the docking and mooring of all types of boats. 14 (10) Launching facilities. (11) Ferry terminals. (12) Yacht clubs; charter fishing docks. (13) Eating and drinking establishments. (14) Retail sales of boats and marine items. (15) Boat building; boat servicing; boat storage facilities. (16) Yards for sale and storage of fuel and building materials. (17) Special exception use. [Repealed 10-26-76 by L.L. No. 5-1976] • _ C. Accessory uses. (1) Accessory uses on the same lot with and customarily incidental to any permitted use and not involving a separate business. 11 Editor's Note: See also Ch. 32, Boats, Docks and Wharves. 10039' 4-25-83 § 100-80 SOUTHOLD CODE § 100-90 (2) Signs as set forth in § 100-60C(2) of this chapter. [Added 2-1-83 by L.L. No. 2-1983] § 100-81. Bulk, area and parking requirements. No building or premises shall be used and no building or part • thereof shall be erected or altered in the C Light Industrial District unless the same conforms with the "Bulk and Parking Schedule" incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full. ARTICLE IX C-1 General Industrial District § 100-90. Use regulations. A. [Amended 7-31-73; 10-26-76 by L.L. No. 5-1976] In the C-1 District, buildings and premises may be used for any lawful purpose, except that no building and/or premises shall be used for dwelling, boarding- and tourist home, hotel, motel or tourist camp purposes, and the uses hereinafter set forth are permitted only by special ex- ception by the Board of Appeals, as hereinafter provided, and are subject to site plan approval by the Planning Board in accordance with Article XIII hereof: (1) Abattoirs. (2) Acetylene gas manufacture or gas manufacture from coke, petroleum or from any other product, or the storage thereof. (3) Acid manufacture. (4) Ammonia, bleaching powder or chlorine manufacture. (5) Arsenal. (6) Asphalt manufacture and asphalt mixing plants. (7) Blast furnace. 10040 4-25-83 § 100-90 ZONING § 100-90 (8) Cement, lime, gypsum or plaster of pans manufac- ture; ready -mix or bulk concrete plants and block manufacturing. (9) Coke ovens. (10) Crematories. • (11) Distillation of bones. (12) Dwellings, all types. (13) Explosives manufacture or storage. (14) Fat rendering. (15) Fertilizer manufacture. (16) Fireworks manufacture. (17) Garbage, offal or dead animals reduction or dumping. (18) Glue, size or gelatin manufacture. (19) Gunpowder manufacture or storage. (20) Automobile wrecking yards and all other junkyards. (21) Oilcloth or linoleum manufacture. (22) Oil, rubber or leather manufacture. (23) Ore reduction. (24) Paint, oil, shellac, turpentine or varnish manufacture. (25) Paper and pulp manufacture. (26) Petroleum refining, storage tanks. (27) Potash works. (28) Rolling mill. (29) Rubber or gutta-percha manufacture. (30) Saltworks. (31) Sauerkraut manufacture. (32) Shoeblacking or stove polish manufacture. (33) Smelting. (Cont'd on page 10041) 10040.1 12-25-76 § 100-90 ZONING § 100-93 (34) Soap manufacture.. (35) Stockyards or slaughterhouses. (36) Stone mill or quarry. (37) Structural steel or pipe works. • (38) Sulfuric, nitric or hydrochloric acid manufacture. (39) Sugar refining. (40) Tar distallation or manufacture. (41) Tar roofing or waterproofing manufacture. (42) Tallow, .grease or lard manufacture. (43) Tanning, curing or storage of rawhides or skins. (44) Tobacco (chewing) manufacture or treatment. (45) Vinegar manufacture. (46) Yeast plant. (47) Airports and airfields. § 100-91. Special exception uses; site plan approval. Notwithstanding any of the provisions of this Article; where a use is permitted in any use district only as a special exception by the Board of Appeals, such use is not permitted in a C-1 District except as a special exception by the Board of Appeals, and where a use in any use district is subject to site plan approval of the Planning Board, such use in a C-1 District shall require site plan approval of the Planning Board... 40 § 100-92. Signs. Signs as specified in and regulated by § 100-60C of this chapter are permitted in a C-1 District. § 100-93. Bulk, area and parking requirements. No building or premises shall be used and no building or part thereof shall be erected or altered in the C-1 General Industrial 10041 a § 100-93 SOUTHOLD CODE § 100-110 District unless the same conforms with the "Bulk and Parking Schedule" incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full. ARTICLE X Tourist Camps, Camp Cottages and Trailers15 § 100-100. Permits required. • No tourist camp shall be established, maintained or operated in any district, nor shall any tent, tent house, camp cottage, house car or trailer to be used or occupied as a place for living, sleeping or eating, whether charge is or is not made, be erected or placed therein, unless authorized by the Town Board pursuant to the provisions of the Trailer Camp Ordinance, dated June 30, 1953.16 § 100-101. Automobile trailers or house cars. Notwithstanding any other provisions of this chapter, a single automobile trailer or house car may be located outside a tourist camp only when authorized by the Town Board and subject to such conditions as may be prescribed by the Town Board. § 100-102. Exemptions. This Article shall not be deemed to apply to the temporary or seasonal camp of any unit of the Boy Scouts of America or the Girl Scouts of America or other such organizations under the leadership provided by said organizations, respectively. ARTICLE XI General Regulations § 100-110. Signs. The provisions of this section shall apply in all districts. A. No sign, billboard, advertising display or structure, poster or device shall be erected, moved, enlarged or recon- structed except as expressly permitted in this chapter. 15 Editor's Note: See also Ch. 88, Tourist and Trailer Camps. 16 Editor's Note: This ordinance appears as Ch. 88, Tourist and Trailer Camps, of this Code. 10042 § 100-110 ZONING § 100-112 B. The following types of signs or artificial lighting are prohibited: (1) Billboards. (2) Flashing signs, including any sign or device on which the artificial light is not maintained stationary and • constant in intensity and color at all times when in use. (3) Signs which compete for attention with, or may be mistaken for, a traffic signal. (4) The outlining by direct illumination of all or any part of a building, such as a gable roof, side wall or comer. (5) Signs made out of cardboard, paper, canvas or similar impermanent material. § 100-111. Continuation of existing signs. Notwithstanding any other provisions of this chapter, any sign in existence at the effective date of this chapter, as first enacted in 1957, which does not conform to the provisions of this chapter, shall, within five (5) years from such date, be discontinued unless its continuance is authorized as a special exception by the Board of Appeals as hereinafter provided. § 100-112. Off-street parking areas. Off-street parking spaces, open or enclosed, are permitted accessory to any use, subject to the following provisions: A. Schedule of parking requirements. Accessory off-street parking spaces, open or enclosed, shall be provided in all • use districts for any use specified below. Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purpose of these parking regulations. Reasonable and appropriate off-street parking requirements for structures and uses which do not fall within the categories listed below shall be determined by the Planning Board upon consideration of all factors entering into the parking needs of each use. 10043 4-25-83 § 100-112 SOUTHOLD CODE § 100-112 Type of Use Number of Parking Spaces Places of worship, libraries At least 1 for each 200 square and other public buildings feet of floor area, but not less than 1 for each 5 seats where provided Golf courses and other coun- At least 1 for each 2 members try clubs or accommodations (such as • lockers), whichever is greater Secondary schools 2 spaces per classroom, plus 1 space for each 5 seats in any auditorium or place of assembly Elementary schools 2 spaces per classroom, plus 1 space for each 5 seats in any auditorium or other place of assembly Hospitals, sanitaria, nursing At least 1 for each bed homes, philanthropic or elee- mosynary institutions Rooming houses At least 1 for each guest room Eating and drinking places At least 1 for each 5 seats Undertakers and funeral homes At least 1 for each employee, plus 25 spaces for each chapel Hotels and. motels At least 1 for each guest room, plus 1 for each employee Bowling alleys 5 spaces per alley Home occupation or accessory 3 spaces per home occupation professional office, except or accessory professional office physicians and dentists • Professional office of physi- 5 spaces per each physician or cian or dentist dentist B. Areas computed as parking spaces. Areas which may be computed as open or enclosed off-street parking spaces include any private garage, carport or other area available for parking, other than a street or a driveway. However, a driveway within a required front yard for a one -family or 10044 4-25-83 § 100-112 ZONING § 100-112 two-family residence may count as one (1) parking space, other than on a corner lot. C. Size of spaces. Three hundred fifty (350) square feet shall be considered one (1) parking space (to provide room for standing area and aisles for maneuvering). Entrance and exit lanes shall not be computed as parking space except • for driveways for one -family and two-family residences. The minimum parking stall width shall be ten (10) feet and the minimum length shall be twenty (20) feet. D. Access. Unobstructed access to and from a street shall be provided. Such access shall consist of at least one (1) ten - foot lane for parking areas with less than twenty (20) spaces, and at least two (2) ten -foot lanes for parking areas with twenty (20.) spaces or more: No entrance or exit for any off-street parking area shall be located within fifty (50) feet of any street intersection. E. Drainage and surfacing. All open parking areas shall be properly drained within the premises and all such areas shall be provided with a dustless surface, except for parking spaces accessory to a one -family or two-family residence. F. Joint facilities. Required parking spaces, open or enclosed, may be provided in spaces designed to serve jointly two (2) or more establishments, whether or not located on the same lot, provided that the number of required spaces in such joint facilities shall be not less than the total required for all such establishments. G. Combined spaces. When any lot contains two (2) or more uses having different parking requirements, the parking requirements for each use shall apply to the extent of that use. Where it can be conclusively demonstrated that one (1) or more such uses will be generating a demand for parking spaces primarily during periods when the other use or uses is not or are not in operation, the Planning Board may reduce the total parking spaces required for that use with the least requirement. H. Location and ownership. Required accessory parking spaces, open or enclosed, shall be provided upon the same, 10045 - § 100-112 SOUTHOLD CODE § 100-112 lot as the use to which they are accessory or elsewhere, provided that all spaces therein are located within two hundred (200) feet walking distance of such lot. In all cases, such parking spaces shall conform to all the regulations of the district in which parking spaces are located, and in no event shall such parking spaces be located in any residence district unless the use to which the spaces are accessory is permitted in such residence district or upon approval by the Board of Appeals. Such spaces shall be in the same ownership as the use to which they are accessory and shall be subject to deed restriction, approved by the Board; binding the owner and his heirs and assigns to maintain the required number of spaces available either throughout the existence of such use to which they are accessory or until such spaces are provided. elsewhere. I. Lots divided by district boundaries. When a parking lot is located partly in one (1) district and partly in another district, the regulations for the district requiring the greater number of parking spaces shall apply to all of the lot. Parking spaces on such a lot may be located without regard to district lines, provided that no such parking spaces shall be located in any residence district unless the use to which they are accessory is permitted in such district or upon approval of the Board of Appeals. J. Parking regulations in multiple -dwelling or attached - dwelling developments. (1) Wherever space is provided for the parking of five (5) or more vehicles in the open, such spaces shall be individually identified by means. of pavement markings. (2) No parking space shall be located in any front yard nor within ten (10) feet of any lot line in side or rear yards. (3) The parking of motor vehicles is prohibited within fifteen (15) feet of any wall or portion thereof of a two - or -more -family dwelling, which wall contains windows (other than bathroom or kitchen windows) with a sill height of less than eight (8) feet above the level of the said parking space. 10046 § 100-112 ZONING § 100-112 (4) No service of any kind shall be permitted to be ex- tended to users of the lot, including automobile ser- vice, repair or fueling, and no gasoline, oil, grease or other supplies shall be stored or sold in any such lot or in any garage on such lot. (5) Parking areas shall be screened by a substantial wall, fence or thick hedge, approved by the Planning Board. Generally, such screening shall not be less than three (3) feet nor more than eight (8) feet in height. K. Regulations for parking spaces adjacent to lots in any residence district. (1) Wherever a parking area of over five (5) spaces abuts or is within fifteen (15) feet of the side or rear lot line of a lot in any residence district, the said parking lot shall be screened from such adjoining lot by a sub- stantial wall, fence or thick hedge, approved by the Planning Board. Generally, such screen shall be not less than three (3) feet nor more than eight (8) feet in height. (2) Whenever a parking area of over five (5) spaces is located across the street from other land in any residence district, it shall be screened from the view of such land by a thick hedge, wall or fence, approved by the Planning Board, located along a line drawn parallel to the street and a distance of twenty (20) feet therefrom, such screening to be interrupted only at points of ingress and egress. Generally, no such screening shall be less than three (3) feet nor more than six (6) feet in height. The open area between such screening and the street shall be landscaped in har- mony with the landscaping prevailing on neighboring properties fronting on the same street. Two (2) identification and directional signs located on the street side of such screening shall be permitted; however, they shall not exceed an area of three (3 ) square feet each. L. Driveways. No driveway shall provide access to a lot located in another district, which lot is used for any use prohibited in the district in which such driveway is located. 10047 § 10.0-112 SOUTHOLD CODE § 100-113 M. Commercial vehicles. (1) One (1) commercial vehicle not exceeding twenty-five (25) feet in length may be parked on an occupied lot in any residence district, but not within the required yards of such lot and in no case between the street line or side lines and the principal building. (2) One (1) commercial vehicle not exceeding twenty-five , (25) feet in length may be parked within a private garage in any residence district. (3) Commercial farm vehicles are permitted as accessory to a commercial farm use in any residence district. § 100-113. Off-street loading areas. Off-street loading berths, open or enclosed, are permitted ac- cessory to any use (except one- or two-family residences), subject to the following provisions: A. Uses for which required. Accessory off-street loading berths shall be provided for any use specified below. Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purpose of such loading requirements. (1) For a public library, museum or similar quasi -public institution,. governmental building, community center, hospital or sanitarium, nursing or convalescent home, institution for children or the aged or school, with a floor area of ten thousand (10,000) square feet, one (1) berth; for each additional twenty-five thousand ( 25,000) square feet or fraction thereof, one (1) ad- ditional berth. (2) For buildings with professional, governmental or business offices or laboratory establishments, with a floor area of ten thousand (10,000) to twenty-five thousand ( 25,000) square feet, one (1) berth; for each additional twenty-five thousand (25,000) square feet or fraction thereof up to one hundred thousand 10048 § 100-113 ZONING § 100-113 (100,000) square feet, one (1) additional berth; for each additional fifty thousand (50,000) square feet or fraction thereof, one (1) additional berth. (3) For buildings with offices and retail sales and service establishments, one (1) berth for eight thousand - (8,000) to twenty-five thousand (25,000) square feet of floor area, and one (1) additional berth for each ad- ditional twenty-five thousand (25,000) square feet of floor area or fraction thereof so used. (4) For undertakers and funeral homes, one (1) berth for each chapel. [Such berths shall be at least ten (10) feet wide and twenty (20) feet long.] (5) For hotels, one (1) berth for each two thousand five (2,500} square feet of floor area. (6) For manufacturing, wholesale and storage uses and for dry-cleaning and rug -cleaning establishments and laundries, one (1) berth for five thousand (5,000) to ten thousand (10,000) square feet of floor area in such use, and one (1) additional berth for each additional twenty thousand (20,000) square feet of floor area or fraction thereof so used. In addition, adequate reserved parking for_ waiting trucks shall be provided. B. Size of spaces. Each required loading berth shall be at least twelve (12) feet wide and fourteen (14) feet high, and in no event smaller than required to accommodate vehicles normally using such berths. C. Location and access. Unobstructed access at least ten (10) feet wide, to and from a street, shall be provided. Such access may be combined with access to a parking lot. All permitted or required loading berths shall be on the same is lot as the use to which they are accessory, except as provided in Subsection D below. No entrance or exit for any off-street loading area shall be located within fifty (50) feet of any street intersection. No off-street loading berth shall be located in any required front yard. D. Joint facilities. Permitted or required loading berths, open or enclosed, may be provided in spaces designed to serve 10049 § 100-113 SOUTHOLD CODE § 100-114 jointly two (2) or more adjacent establishments, provided that the number of required berths in such joint facilities shall not be less than the total required for all such facilities. E. Lots divided by district boundaries. When a lot is located partly in one (1) district and partly in another district, the regulations for the district requiring the greater number of loading berths shall apply to all of the lot. Loading berths on such lot may not be located in any residence district unless the use to which they are accessory is permitted in such district or upon the approval of the Board of Appeals. § 100-114. Prohibited uses in all districts. The following uses are prohibited in all districts: A. Any use which is noxious, offensive or objectionable by reason of the emission of smoke, dust, gas, odor or other form of air pollution or by reason of the deposit, discharge or dispersal of liquid or solid wastes in any form in such a manner or amount as to cause permanent damage to the soil and streams or to adversely affect the surrounding area, or by reason of the creation of noise, vibration, electromagnetic or other disturbance, or by reason of illumination by artificial light or light reflection beyond the limits of the lot on or from which such light or light reflection emanates; or which involves any dangerous fire, explosive, radioactive or other hazard; or which causes injury, annoyance or disturbance to any of the surrounding properties or to their owners and occupants; and any other process or use which is unwholesome and noisome and may be dangerous or prejudicial to health, safety or general welfare, except where such activity is licensed or regulated by other government agencies. B. Artificial lighting facilities of any kind, with light sources visible beyond the lot lines, which create glare beyond such lines. C. Carnivals, circuses and related activities, except for a temporary period on special license from the Town Board. 10050 § 100-114 ZONING § 100-114. D. Junkyard or refuse disposal site, except a refuse disposal site established as an official town refuse disposal site or duly authorized as a refuse disposal site by the Town Board.' E. Uses involving primary production of the following products from raw materials: (1) Charcoal and fuel briquettes; chemicals; aniline dyes; carbide; caustic soda; cellulose; chlorine; carbon black and bone black; creosote; hydrogen and oxygen; in- dustrial alcohol; nitrates of an explosive nature; po- tash; plastic materials and synthetic resins; pyroxy- lin; rayon yarn; hydrochloric, nitric, phosphoric, picric and sulfuric acids; coal, coke and tar products, includ- ing gas manufacturing; explosives; gelatin, glue and size (animal); linoleum and oilcloth; matches; paint, varnishes and turpentine; rubber (natural or synthe- tic); soaps, including fat rendering; starch., F. The following processes: (1) Nitrating of cotton or of other materials. (2) Milling or processing of flour. (3) Magnesium foundry. (4) Reduction, refining, smelting and alloying metal or metal ores. (5) Refining secondary aluminum. (6) Refining petroleum products, such as gasoline, kerosene, naphtha, lubricating oil. (7) Distillation of wood or bones. • (8) Reduction and processing of wood pulp and fiber, including paper mill operations. G. Operations involving stockyards, slaughterhouses and slag piles. Editor'a Note: See also Ch. 48, Garbage, Rubbish and Refuse, and Ch. 84, Junkyards. 10051 9-25-82 § 100-114 SOUTHOLD CODE § 100=117 H. Storage of explosives. I. Quarries. J. Storage of petroleum products. Notwithstanding any other provisions of this chapter, storage facilities with a total combined capacity of more than twenty thousand (20,000) gallons, including all tanks, pipelines, buildings, structures and accessory equipment designed, used or intended to be used for the storage of gasoline, fuel oil, kerosene, asphalt or other petroleum products, shall not be located within one thousand (1,000) feet of tidal waters or tidal wetlands. [Added 6-22-82 by L.L. No. 3-19821 § 100-115. Junkyards.- Notwithstanding unkyards: Notwithstanding any other provisions of this chapter, all automobile yards or other junkyards in existence at the effective date of this chapter, as first enacted in 1957, shall, within three (3) years from such date, provide suitable, screening in the form 'of fencing or hedges completely around the periphery of the area used for such purposes, and the type of fencing and hedges shall be subject to the approval of the Board of Appeals.' § 100-116. Dwelling unit density. Notwithstanding any other provision of this chapter, each dwelling unit in a multiple dwelling shall have nine thousand (9,000) square feet of land for each dwelling unit in the building where public water and public sewer are not. provided, and shall have six thousand five hundred (6,500) square feet of land for each dwelling unit in the building where public water and public .sewer are provided.' § 100-117. Hotel and motel unit density. Notwithstanding any other provisions of this chapter, each room or group of rooms designed, used or intended to be used for Editor's Note: See also Ch. 54, Junkyards. ' Editor's Note: See also Ch. 52, Housing. 10052' 9-25-82 § 100-117 ZONING § 100-117 lodging as a unit, which does not qualify as a dwelling unit, and located in a hotel, motel or similar building, shall have six thou- sand (6,000) square feet of land for each such unit where public water and public sewer systems are not provided, and shall have four thousand (4,000) square feet of land for each such unit where public water and public sewer systems are provided. • (Cont'd on page 10053) • 10052.1 9-25-82 § 100-118 ZONING § 100-118 § 100-118. Nonconforming uses. Unless otherwise authorized as a special exception by the Board of Appeals, as hereinafter provided, the following provisions shall apply to nonconforming uses: A. The lawful ,use of a building or premises existing on the • effective date of this chapter or authorized by a building permit issued prior thereto may be continued although such use does not conform to the provisions of this chapter, and such use may be extended throughout the building lawfully acquired to said date. B. A nonconforming use of a building or premises may be changed to a use of the same or higher classification ac- cording to the provisions of this chapter. C. Whenever a district shall hereafter be changed, any then existing nonconforming use of a building or premises in such changed district may be continued or changed to a use . of a similar or higher classification, provided that all other regulations governing the use are complied with. D. Whenever a nonconforming use of a building or premises has been discontinued for a period of more than two (2) years or has been changed to a higher classification or to a conforming use, anything in this section to the contrary notwithstanding, the nonconforming use of such building or premises shall no longer be permitted unless a variance therefor shall have been granted by the Board of Appeals, as hereinafter provided. E. A nonconforming building may not be reconstructed or structurally altered during its life to an extent exceeding in aggregate cost fifty percent (50%) of the fair value of the • building, unless the use of such building is changed to a conforming use. F. A nonconforming building which has been damaged by fire or other causes to the extent of more than fifty percent (50%) of its fair value shall not be repaired or rebuilt unless the use of such building is changed to a conforming use. 10053 4-25-83 § 100-119 SOUTHOLD CODE § 100-121 § 100-119. Corner lots. [Amended 2-1-83 by L.L. No. 2-19831 On a corner lot, front yards are required on both street front- ages, and one (1) yard other than the front yards shall deemed to be a rear yard, and the other or others, side yards. No obstruction to vision exceeding thirty (30) inches in height above curb level shall be erected or maintained at street intersections within the • triangle formed by the street lines of such lot and a line drawn between points along such street lines thirty (30) feet distant from their point of intersection. § 100-119.1. Fences, walls and hedges. [Amended 5-29-73; 2-1-83 by L.L. No. 2-19831 Subject to the provisions of § 100-119, fences, walls, hedges or other live plantings within five (5) feet of the property lines may be erected and maintained, subject to the following height limitations: A. When located in the front yard along the front yard property line, the same shall not exceed four (4) feet in height. B. When located along side and rear lot lines, the same shall not exceed six and one-half (61/z) feet in height. C. When located other than in the front yard area or along side or rear lot lines, the same shall not exceed eight (8) feet in height. ARTICLE XII Board of Appeals § 100-120. Appointment; membership. • The Town Board shall appoint a Board of Appeals consisting of five (5) members, as provided by the Town Law. § 100-121. Powers and duties. In addition to such powers as may be conferred upon it by law, the Board of Appeals shall have the following powers: - 10054 4-25-83 § 100-121 ZONING § 100-121 A. Appeals. To hear and decide appeals from and review any order, requirement, decision or determination made by the Building Inspector. B. Variances. Where there are practical difficulties or un- necessary hardships in the way of carrying out the strict letter of these regulations, the Board of Appeals shall have • the power to vary or modify the application of such regulations so that the spirit of the chapter shall be ob- served, public safety and welfare secured and substantial justice done. C. Special exceptions, special permits and other approvals. Whenever a use or the location thereof is permitted only if the Board of Appeals shall approve thereof, the Board of Appeals may, in a specific case and after notice and public hearing, authorize such permitted use and its location within the ' district in which this chapter specifies .the permitted use may be located, subject, however, to the following: (1) Before such approval shall be given, the Board of Appeals shall determine: (a) That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. (b) That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located, or of permitted or legally established uses in adjacent use districts. (c) That the safety, the health, the welfare, the • comfort, the convenience or the order of the town will not be adversely affected by the proposed use and its location. (d) That the use will be in harmony with and promote the general. purposes and intent of this chapter. (2) In making such determination, the Board of Appeals shall also give consideration, among other things, to: 10055 4-25-.33 § 100-121 SOUTHOLD CODE § 100-121 (a) The character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of any of such permitted uses. (b) The conservation of property values and the encouragement of the most appropriate uses of land. (c) The effect that the location of the proposed use may have upon the creation or undue increase of vehicular traffic congestion on public streets or highways. . (d) The availability of adequate and proper public or private water supply and facilities for the treatment, removal or discharge of sewage, refuse or other effluent (whether liquid, solid, gaseous or otherwise) that may be caused or created by or as a result of the use. (e) Whether the use or the materials incidental thereto or produced thereby may give off ob- noxious gases, odors, smoke or soot. (f) Whether the use will cause disturbing emissions of electrical discharges, dust, light, vibration or noise. (g) Whether the operation in pursuance of the use will cause undue interference with the orderly enjoyment by the public of parking or of recrea- tional facilities, if existing or if proposed by the town or by other competent governmental agencies. (h) The necessity for bituminous -surfaced space for • purposes of off-street parking of vehicles in- cidental to the use, and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be located. 10056 4-25-83 § 100-121 . ZONING § 100-122 (i) Whether a hazard to life, limb or property because of fire, flood, erosion or panic may be created by reason of or as a result of the use, or by the structures to be used therefor, or by the inac- cessibility of the property or structures thereon for the convenient entry and operation of fire and • other emergency apparatus, or by the undue concentration or assemblage of persons upon such plot. [Amended 7-31-73] (j) ,.Whether the use or the structures to be used therefor will cause an overcrowding of land or undue concentration of population. (k) Whether the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof. (1) Whether the use to be operated is unreasonably near to a church, school, theater, recreational area or other place of public assembly. D. [Added 2-1-83 by L.L. No. 2-1983] Interpretations. On appeal from an order, decision or determination of an administrative officer, or on request of any town officer, board or agency, to decide any of the following: (1) Determine the meaning of any provision in this chapter or of any condition or requirement specified or made under the provisions of this chapter. (2) Determine the exact location of any district boundary shown on the Building Zone Map. • § 100-122. Additional conditions and safeguards. In deciding any matter. before it, the 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. (Cont'd on page 10057) 10056.1 4-25-83 § 100-123 ZONING § 100-125 § 100-123. Rules of conduct and procedure. The Board of Appeals shall,, consistent with the law, determine its own rules of conduct and procedure. § 100-124. Fees. [Amended 2-1-83 by L.L. No. 2-1983] is All applications to the Board of Appeals for any relief provided for herein. shall be accompanied by a fee of twenty-five dollars ($25.). § 100-125. Notice of hearing. [Added 5-30-75 by L.L. No. 3-19751 A. In all cases where the Board of Appeals is required to hold a public hearing, in addition to the notice of such hearing required by law, a written notice containing the following information shall be sent by the person petitioning such Board, or his agent, by either certified or registered mail, to every owner of property immediately adjacent thereto. In the event that any petitioner owns or has any interest in any property immediately adjacent to the property which is the subject of such petition, then written notice shall also be given to the owners of the property adjacent to such other property of the petitioner. For the purpose of this section, the words "owner" or "property owner" mean the owner as shown on the current assessment roll of the Town of Southold. The notice required by this section shall be mailed by the petitioner, or his agent, within five (5) days preceding the filing of the petition in the Town Clerk's office. Proof of mailing of such notices in the form of a sworn statement shall be filed with the Town Clerk at the time of filing of the petition. Such notice shall contain the • following information: (1) A statement that the petitioner proposes to apply to the Board of Appeals of the Town of Southold for a variance, special exception, special permit or other specified relief, as the case may be. (2) A description sufficient to identify the property which is the subject of the petition. 10057 4-25-83 § 100-125 SOUTHOLD CODE § 100-130 (3) The zone district classification of such- property. (4) A detailed statement of the relief sought by the petitioner. . (5) The provisions of the zoning law applicable to the relief sought by the petitioner. (6) A statement that within five (5) days such petition • will be filed in the Southold Town Clerk's office, Main Road, Southold, New York, and may then be examined during regular office hours. (7) A statement that a public hearing with respect to such petition must be held by the Board of Appeals of the Town of Southold before the relief sought can be granted; that the person to whom' the notice is ad- dressed, or his representative, has the right to appear and be heard at such hearing; and that a notice of such hearing will be published in the official town newspaper not less than five (5) days prior to such public hearing. B. In lieu of complying with the provisions of this section, written verified waivers of notice executed by the persons entitled to receive such notice may be filed with the Town Clerk at the time of filing the petition. C. Failure to comply with the provisions of this section shall not affect the validity of any action taken by the Board of Appeals. ARTICLE XIII Site Plan Approval § 100-130. General requirement. • In all cases where this chapter requires approval of site development plans by the Planning Board, no building permit shall be issued by the Building Inspector except upon authoriza- tion of and in conformity with the plans approved by the Planning Board. 10058 4-25-83 § 100-131 ZONING § 100-132 § 100.1:31. Objectives. In considering and acting upon site development plans, the Planning Board shall take into consideration the public health, safety and welfare, the comfort and convenience of the public in general and the residents of the immediate neighborhood in particular, and may prescribe appropriate conditions and • safeguards as may be required in order that the result of its action may, to the maximum extent possible, further the expressed intent of this chapter and the accomplishment of the following objectives in particular: A. Traffic access. That all proposed traffic accessways are adequate but not excessive in number; adequate in width, grade, alignment and visibility; not located too near street corners or other places of public assembly; and other similar safety considerations. B. Circulation and parking. That adequate off-street parking and loading spaces are provided to prevent the parking in public streets of vehicles of any persons connected with or visiting the use, and that the interior circulation system is adequate to provide. safe accessibility to all required off- street parking lots. C. Landscaping and screening. That all playground, parking' and service areas are reasonably screened at all seasons of the year from the view of adjacent residential lots and streets, and that the general landscaping of the site is in character with that generally prevailing in the neigh- borhood. Existing trees over eight (8) inches in diameter measured three (3) feet above the base of the trunk shall be retained to the maximum extent possible. 0 § 100-132. Effect of approval. A. No building permit shall be issued for any structure covered by this Article until an approved site development plan or approved amendment of any such plan has been secured by the applicant from the Planning Board and presented to the Building Inspector. 10058.1 7-25-75 § 100-132 SOUTHOLD CODE § 100-13:1 B. No certificate of occupancy will be issued for any structure or use of land covered by this Article unless the structure is completed or the land is developed or used in accordance with an approved site development plan or approved amendment of any such plan. C. Should any site plan approval involve any matter requiring • referral to the Suffolk County Planning Commission, then the matter shall be referred, prior to final action by the Planning Board, to the Suffolk County Planning Com- mission in accordance with the applicable provisions of law. § 100-133. Procedure. A. Presubmission conference. Prior to the submission of a site development plan, the applicant or his agent shall meet with the Planning Board. The purpose of such conference (Cont'd on page 10059) 0 10058.2 7-25-75 § 100-133 ZONING § 100-133 shall be to discuss proposed uses or development in order to determine which of the site development plan elements shall be submitted to the Planning Board in order for said Board to determine conformity with the provisions and intent of this chapter. B. Within six (6) months following the presubmission con- ference, the site development plan and any related in- formation shall be submitted to the Building Inspector, in triplicate, at least fifteen (15) days prior to the Planning Board meeting at which approval is requested. If not submitted within this six (6) months' period, another presubmission conference may be required. C. The Building Inspector shall certify on each site development plan or amendment whether or not the plan meets the requirements of all Zoning Ordinance provisions other than those of this Article regarding site develop- ment plan approval. D. The Building Inspector shall retain one (1) copy and transmit two (2) copies of the certified site development plan to the Secretary of the Planning Board at least seven (7) days prior to the Planning Board meeting at which approval is requested. E. The Planning Board shall act to approve or disapprove any such site development plan within ninety (90) days after the meeting at which approval is requested. Failure to act within ninety (90) days shall be deemed approval. Planning Board disapproval shall include written findings upon any site development plan element found contrary to the provisions or intent of this chapter. In reviewing the ap- plication, the Planning Board may secure the advice or assistance of one (1) or more expert consultants qualified to advise as to whether a proposed use will conform to the requirements of this chapter. The assistance of a con- sultant, if sought, must be obtained within ten (10) days of the receipt of the application. Such consultant shall report within thirty (30) days after receipt of such request as to whether or not the use applied for will be in conformance with the performance standards and, if not, what 10059 § 100-133 SOUTHOLD CODE § 100-134 modification in design or operation would be necessary for conformance. A copy of the report of such consultant shall be furnished to the Planning Board, Building Inspector and applicant. F. Amendments to a site development plan shall be acted upon in the same manner as the approval of the original plan. G. The Planning Board may require that site plan approval be periodically reviewed. § 100-134. Site development plan elements. The applicant shall cause a site development map to be prepared by a civil engineer, a surveyor, land planner, architect or other competent person. Site development plan elements shall include those listed below which are appropriate to the proposed development or use as indicated by the Planning Board in the presubmission conference: A. Legal data. (1) Lot, block and section number, if any, of the property, taken from the latest tax records. (2) Name and address of the owner of record. (3) Name and address of the person, firm or organization preparing the map. (4) Date, North point and written and graphic scale. (5) Sufficient description or information to precisely define the boundaries of the property. All distances shall be in feet and tenths of a foot. All angles shall be given to the nearest ten (10) seconds or closer. The error of closure shall not exceed one (1) in ten is thousand (10,000). (6) The locations, names and existing widths of adjacent streets and curblines. (7) The location and owners of all adjoining lands, as shown on the latest tax records. ' 10060 § 100-134 ZONING . § 100-134 (8) Location, width and purpose of all existing and proposed easements, setbacks, reservations and areas dedicated to public use within or adjoining the property. (9) A complete outline of existing deed restrictions or covenants applying to the property. . (10) Existing zoning. B. Natural features. (1) Existing contours at intervals of five (b) feet or less, referred to a datum satisfactory to the Board. (2) Approximate boundaries of any areas subject to flooding or stormwater overflows. (3) Location of existing watercourses, marshes; wooded areas, rock outcrops, isolated trees with a diameter of eight (8) inches or more measured three (3) feet above the base of the trunk and other significant existing features. C. Existing structures and utilities. (1) Location of uses and outlines of structures, drawn to scale, on and within one hundred (100) feet of the lot. (2) Paved areas, sidewalks and vehicular access between the site and public streets. (3) Locations, dimensions, grades and flow direction of existing sewers, culverts and waterlines as well as other underground and aboveground utilities within and adjacent to the property. (4) Other existing development, including fences, land- scaping and screening. D. Proposed development. (1) The location of proposed buildings or structural improvements. (2) The location and design of all uses not requiring structures, such as off-street parking and loading areas. 10061 4-25-83 § 100-134 SOUTHOLD CODE § 100-136 (3) The location, direction, power and time of use of any proposed outdoor lighting or public address systems. (4) The location of and plans for any outdoor signs. (5) The location and arrangement of proposed means of access and egress, including sidewalks, driveways or other paved areas; profiles indicating grading and cross sections showing width of roadway, location and width of sidewalks and location and size of water- and sewer lines. (6) Any proposed grading, screening and other land- scaping, including types and locations of proposed street trees. (7) The location of all proposed waterlines, valves and hydrants and of all sewer lines or alternate means of water supply and sewage disposal and treatment. (8) An outline of any proposed deed restrictions or covenants. (9) Any contemplated public improvements on or ad- joining the property. (10) If the site development plan indicates only a first stage, a supplementary plan shall indicate ultimate development. E. Any other information deemed by the Planning Board necessary to determine conformity of the site plan with the intent and regulations of this chapter. § 100-135. Fees. All applications to the Planning Board for approval of site • development plans shall be accompanied by a fee of twenty-five dollars ($25.) § 100-136. Cluster development. [Added 5-29-73; amended 2-1-83 by L.L. No. 2-19831 The Planning Board may, in the exercise of its discretion, require cluster developments for one -family dwellings in an A 10062 4-25-83 § 100-136 ZONING § 100-136 Residential and Agricultural District according to the procedure and requirements hereinafter set forth, without the requirement that the owner make written application for the use of such procedure. A. The maximum number of single-family lots that may be approved in a cluster development shall be computed by • subtracting from the total gross area a fixed percentage of twenty percent (20%) of said area and dividing the remaining eighty percent (80%) of the area by forty thousand (40,000) square feet. (1) In computing the maximum number of lots that may be created, any lands which are subject to flooding or which are occupied by public utility easements in such a manner as to prevent their use and development shall not be considered part of the total gross area. (2) In a cluster development, lot area shall not be reduced by more than fifty percent (b0%), and lot width and depth, front yard, rear yard and side yards shall not be reduced by more than thirty percent (30%) of the minimum requirements set forth in the Bulk and Parking Schedule. B. The area of a cluster development shall be in single ownership or under unified control. C. Prior to the issuance of a building permit in a cluster development, a site plan shall be submitted to and ap- proved by the Planning Board in accordance with Article XIII of this chapter and the following conditions: (1) Said site plan shall include areas within which structures may be located, the height and spacing of • buildings, open spaces and their landscaping, off- street open and enclosed (if any) parking spaces and streets, driveways and any other physical features relevant to the proposed plan. (2) Said site plan shall include a statement setting forth the nature of all proposed modifications of existing zoning provisions. 'Editor's Note: The Bulk and Parking Schedule is included at the end of this chapter. 10063 4-25-83 § 100-136 SOUTHOLD CODE § 100-136 D. Nothing contained in this chapter shall relieve the owner or his agent or the developer of a proposed cluster develop- ment from receiving final plat approval in accordance with the Town Subdivision Regulations.' In approving the final plat for a cluster development, the Planning Board may modify the acreage requirement for recreation areas as set forth in the town's rules governing subdivision review, • provided that the common land dedicated meets all other requirements of the Town Subdivision Regulations. E. A cluster development shall be organized as one (1) of the following: a Homes Association approved by the Federal Housing Administration for mortgage insurance as a Planned Unit Development andby the Town Board; a Homes Association approved by the Town Attorney and Town Board; or any other arrangements approved by the Town Attorney and Town Board as satisfying the intent of this chapter. Whenever a Homes Association is proposed, the Town Board shall retain the right to review and ap- prove the articles of incorporation and charter of said Homes Association and to require whatever conditions deemed necessary to ensure that the intent and purpose of this chapter are carried out. In consideration of said ap- proval, the Town Board shall, in part, require the cluster development to meet the following conditions: (1) The Homes Association shall be established as an incorporated nonprofit organization operating under recorded land agreements through which each lot owner and any succeeding owner is automatically a member and each lot is automatically subject to a charge for a proportionate share of the expenses for the organization's activities. (2) Title to all common property shall be placed in the • Homes Association, or definite and acceptable assurance shall be given that it automatically will be so placed within a reasonable period of time. Editor's Note: See Ch. Alo9, Subdivision of Land. 10064 4-25-83 § 100-136 ZONING § 100-136 (3) Each lot owner shall have equal voting rights in the Association and shall have the right to the use and enjoyment of the common property. (4) Once established, all responsibility for operation and maintenance of the common land and facilities shall lie with the Homes Association. (5) Dedication of all common areas shall be recorded directly on the final plat, or by reference on that plat to a dedication in a separately recorded document. Resubdivision of such areas is prohibited. The dedication shall: (a) Save the title to the common property to the Homes Association free of any cloud of implied public dedication. (b) Commit the developer to convey the areas to the Homes Association at an approved time. (c) Grant easement of enjoyment over the area to the lot owners. (d) Give to the Homes Association the right to borrow for improvements upon the security of the common areas. (e) Give to it the right to suspend membership rights for nonpayment of assessments or infraction of published rules. F. Covenants shall be established, limiting all lots to one - family use and all common lands to open space uses. No structures may be erected on such common lands except as shown on the approved site plan. G. Each deed to each lot sold shall include by reference all recorded declarations and other restrictions including assessments and the provision for liens for nonpayment of such. H. The Homes Association shall be perpetual; it shall pur- chase insurance, pay taxes, specify in its charter and bylaws an annual homeowner's fee, give provision for 10065 § 100-136 SOUTHOLD CODE § 100-141 assessments and provide that all such charges become a lien on each property in favor of said Association. The Association shall have the right to proceed in accordance with all necessary legal action for the foreclosure and enforcement of liens, and it shall also have the right to commence action against any member for the collection of any unpaid assessment in any court of competent jurisdiction. I. The developer shall assume all responsibilities as previously outlined for the Homes Association until a majority of the dwelling sites are sold, at which time the Homes Association shall be automatically established. J. Prior to site plan approval the developer shall file with the Town Board a performance bond to ensure the proper installation of all required improvements, and a main- tenance bond to ensure the proper maintenance of all common lands until the Homes Association is established. The amount and term of said bonds shall be determined by the Planning Board, and the form, sufficiency, manner of execution and surety shall be approved by the Town Board. ARTICLE XIV Administration and Enforcement § 100-140. Administrative and enforcing officer. A. It shall be the duty of the Building Inspector and such deputies and assistants as may be appointed by the Town Board to administer and enforce- the provisions of this chapter. B. The Building Inspector and assistant and deputy building inspectors shall have such right to enter and inspect buildings, structures or premises and to perform other acts necessary for the enforcement of this chapter as is con- ferred upon them by law. § 100-141. Building permits. No building in any district shall be erected, reconstructed, restored or structurally altered without a building permit duly 10066 § 100.141 ZONING § 100-141 issued upon application to the Building Inspector. No building permit shall be issued unless the proposed construction is in full conformity with all the provisions of this chapter and the provisions of all other applicable laws, ordinances, rules and regulations. Any building permit issued in violation of the provisions of this chapter shall be null and void and of no effect • without the necessity for any proceedings, revocations or nullification thereof; and any work undertaken or use established pursuant to the issuance of a permit in violation of the provisions of this chapter shall be unlawful. A. Applications. Every application for a building permit shall contain the following information and be accompanied by the required fee and a plot plan drawn to scale and signed by the person responsible for each drawing. If no such plot plan is available, a survey is required, prepared by a licensed engineer or land surveyor. If the Building In- spector deems it necessary that plans and specifications be examined to ascertain if the proposed building will comply with applicable building construction, housing and fire codes, he may require that plans and specifications be filed with the building permit application. [Amended 2-1-83 by L.L. No. 2-1983] (1) The actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected, or of the lot on which it is situated if an existing building. (2) The block and lot numbers, if any, as they appear on the latest tax records. (3) The exact size and locations on the lot of the proposed building or buildings or alteration of an existing • building and of other existing buildings on the same lot. (4) The dimensions of all yards in relation to the subject building and the distances between such building and any other existing buildings on the same lot. (5) The existing and intended use of all buildings, existing or proposed, and the use of land and the number of 10067 4-25-83 § 100-141 SOUTHOLD CODE § 100-141 dwelling units the building is designed to ac- commodate. (6) Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this chapter. B. No building permit shall be issued for the construction or 40 alteration of any building upon a lot without access to a street or highway as provided by § 280-a of the Town Law. C. No building permit shall be issued for any building where the site plan of such building is subject to approval by the Planning Board, except in conformity with the plans approved by the said Board. D. No building permit shall be issued for a building in any district where such use is permitted by special exception or special permit of the Board of Appeals, unless and until such approval has been duly granted by such Board. E. No building permit shall be issued for any building until approval has been received from the County Health Department for the proposed water supply and sewage disposal system. F. The building permit application and all supporting documentation shall be made in triplicate. Upon the issuance of a building permit, the Building Inspector shall return one (1) copy of all filed documents to the applicant. G. The Building Inspector shall, within ten (10) business days after the filing of a complete and properly prepared ap- plication, either issue or deny a building permit. If a building permit is denied, the Building Inspector shall • state in writing to the applicant the reasons for such denial. H. Every building permit shall expire if the work authorized has not commenced within twelve (12) months after the date of issuance or has not been completed within eighteen (18) months from such date. If no zoning regulations af- fecting the property have been enacted in the interim, the 10068 4-25-83 § 100-141 ZONING § 100-141 Building Inspector may authorize, in writing, the ex- tension of the permit for an additional six (6) months. Thereafter, a new permit shall be required. [Amended 5-30- 75 by L.L. No. 3-19751 I. As soon as the foundation of a building or of any addition to an existing building is completed, and before first -story • framing or wall construction is begun, there shall be filed with the Building Inspector an accurate survey, signed by the person responsible for said survey, showing the exact location of such foundation with respect to the street and property lines of the lot. No further construction shall be performed until such survey is approved by the Building Inspector. J. Permit fees. [Amended 7-31-73; 2-1-83 by L.L. No 2-1983] (1) The following fees shall be paid upon the filing of an application with the Building Inspector for a building permit, which fees shall be paid into the general fund if the application is approved or returned to the ap- plicant if the application is denied: (a) Single-family dwellings: [1] New dwellings and additions and alterations to existing dwellings: twenty-five dollars ($25.) plus five cents ($0.05) for each square foot of floor area in excess of eight hundred fifty (850) square feet. [2] Accessory buildings and additions and alterations to existing accessory buildings: ten dollars ($10.) plus five cents ($0.05) for each square foot of floor area in excess of five • hundred (500) square feet. (b) Farm buildings and additions and alterations to existing farm buildings: fifteen dollars ($15.) for each building. (c) Hotels, motels, multiple dwellings and business, industrial and all other buildings: 10069 4-25-83 § 100-141 SOUTHOLD CODE § 100-142 [1) New buildings and additions and alterations to existing buildings: fifty dollars ($50.) plus five cents ($0.05) for each square foot of floor area in excess of one thousand (1,000) square feet. [2] Accessory buildings and additions and • alterations to existing accessory buildings: fifteen dollars ($15.) plus five cents ($0.05) for each square foot of floor area in excess of five hundred (500) square feet. (d) Foundations constructed under existing buildings: thirty dollars ($30.). (e) All other structures (i.e., fences, pools, etc.) and additions and alterations to such structures: fifteen dollars ($15.). (2) For the purposes of this Subsection J, cellars, decks, attached garages and any habitable area shall be included in the calculation of floor area. § 100-142. Revocation of permit. The Building Inspector may revoke a building permit theretofore issued and approved in the following instances: A. Where he finds that there has been any false statement or misrepresentation as to a material fact in the application, plan or specifications on which the building permit was based. B. Where he finds that the building permit was issued in error and should not have been issued in accordance with the • applicable law. C. Where he finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans or specification. D. Where the person to whom a building permit has been issued fails or refuses to comply with a stop order issued by the Building Inspector. 10070 4-25-83 § 100-143 I ZONING § 100-144 § 100-143. Stop orders. [Amended 8-26-76 by L.L. No. 3-19761 Whenever the Building Inspector has reasonable grounds to believe that work on any building or structure is being prosecuted in violation of the provisions of the applicable law, ordinances or regulations, or not in conformity with the provisions of an ap- plication, plans or specifications on the basis of which a building • permit was issued, or in an unsafe and dangerous manner, he shall notify the owner of the property, or the owner's agent or the person performing the work, to suspend all work, and any such persons shall forthwith stop such work and suspend all building activities until the stop order has been rescinded. Such order and notice shall be in writing and shall state the conditions under which the work may be resumed, and may be served upon a person to whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the building under construction and sending a copy of the same by certified mail. § 100-144. Certificates, of occupancy. A. A certificate of occupancy shall be applied for from the Building Inspector and it shall be unlawful to do any of the following until a certificate of occupancy is issued therefor: (1) Occupancy and use of a building erected, recon- structed, restored, structurally altered or moved, or any change in use of an existing building. (2) Occupancy, use or any change in the use of any land. (3) Any change in use of a nonconforming use. B. No certificate of occupancy shall be issued for the use of a • building or lands requiring a special exception or special permit by the Board of Appeals, or for any land or use requiring a site plan approval by the Planning Board, unless and until such special exception or special permit use or site plan approval has been duly granted. Every certificate of occupancy for which a special exception, special permit or site plan approval has been granted, or in 10071 4-25-83 § 100-144 SOUTHOLD CODE § 100-144 connection with which a variance has been granted by the Board of Appeals, shall contain a detailed statement of any condition to which the same is subject. [Amended 7-31-73] C. Application for a certificate of occupancy for a new building or for an existing building which has been altered shall be made after the erection of such building or part thereof has been completed. in conformity with the • provisions of this chapter, and, in the case of a new building, shall be accompanied by an accurate plot plan, or if not available, by a survey prepared by a licensed land surveyor or engineer, showing the location of the building as built. Such certificate shall be issued within ten (10) days after receipt of the properly completed application, provided that the application states that all requirements of all other applicable codes or ordinances in effect are complied with. D. If the proposed use is in conformity with the provisions of this chapter and all other applicable codes and ordinances, a certificate of occupancy for the use of vacant land or for a change of use or a nonconforming use shall be issued by the Building Inspector within ten (10) days after receipt of a properly completed application. If a certificate of oc- cupancy is denied, the Building Inspector shall state the reasons therefor in writing to the applicant. E. Every application for a certificate of occupancy or a temporary certificate of occupancy shall be accompanied by a fee of five dollars ($5.). Copies of such certificate will be issued upon payment of one dollar ($1.) per copy. F. A certificate of occupancy shall be deemed to authorize and is required for both initial occupancy and use of the building or land to which it applies. • G. Upon written request and upon payment of a fee of fifteen dollars ($15.), the Building Inspector shall, after in- spection, issue a certificate of occupancy for any building or use thereof or of land existing at the time of the adoption of this chapter, certifying such use and whether or not the 10072 4-25-83 • § 100-144 ZONING § 100-145 same and the building conform to the provisions of this chapter. [Amended 2-1-83 by L.L. No. 2-19831 H. A record of all certificates of occupancy shall be kept in the office of the Building Inspector, and copies shall be fur - niched on request to any agency of the town or to any persons having an interest in the building or land affected. § 100-145. Penalties for offenses. [Amended 7-31-73] For every offense against any of the provisions of this chapter or any regulations made pursuant thereto, or failure to comply with a written notice or order of the Building Inspector within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who (Cont'd on page 10073) 10072.1 4-25-93 § 100-145 ZONING § 100-150 commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Building Inspector shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding fifty dollars ($50.) or imprisonment for a period not to exceed six (6) months, or both. Each week's continued offense shall constitute a separate, ad- ditional violation. § 100-146. Remedies. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used, in violation of this chapter or of any regulations made pursuant thereto, in addition to other remedies provided by law, any appropriate action or proceeding, whether by legal process or otherwise, may be instituted or taken to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, or to restrain, correct or abate such violation, or to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises. ARTICLE XV Amendments § 100-150. Procedures. The Town Board, upon its own motion or by petition, may, from time to time, amend, supplement, change, modify or repeal this chapter, including the Zoning Map, by proceeding in the following manner: A. The Town Board, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed amendment and cause notice thereof to be given pursuant to the provisions of the Town Law. B. The Town Board, before advertising for a public hearing, shall, in a written request, instruct the Town Planning 10073 7-25-75 § 100-150 SOUTHOLD CODE § 100-152 Board to prepare an official report defining the conditions described in a petition and to determine the area so af- fected, with its recommendations. § 100-151. Fees. Every petition for a change or amendment to this chapter or the Zoning Map shall be filed with the Town Clerk and shall be ac- companied by a fee of one hundred dollars ($100.). § 100-152. Notice of proposed change of zone classification. [Added 5-30-75 by L.L. No. 3-19751 A. In the case of a petition requesting a change in zoning district classification, in addition to the notice required by law, a written notice containing the following information shall be sent by the petitioner, or his agent, by either certified or registered mail, to every owner of property immediately adjacent thereto. In the event that any petitioner owns or has any interest in any property im- mediately adjacent to the property proposed to be changed in zoning district classification, then written notice shall also be given to the owners of the property adjacent to such other property of the petitioner. For the purpose of this section, the words "owner" or "property owner" mean the owner as shown on the current Southold town assessment roll. The notice required by this section shall be mailed by the petitioner, or his agent, within five (5) days preceding the filing of the petition in the Town Clerk's office. Proof of mailing of such notice in the form of a sworn statement shall be filed with the Town Clerk at the time of filing the petition. Such notice shall contain the following in- • formation: (1) A statement that the petitioner proposes to file a petition with the Southold Town Clerk .requesting a change of zone classification. (2) A description of the property which is the subject of such petition. 10074 7-25-75 § 100-152 ZONING § 100-152 (3) The present zone district classification of the property and the proposed zone district classification. (4) A statement that within five (5) days .the petition requesting such change in zone district classification will be filed in the Southold Town Clerk's office, Main Road, Southold, New York, and may then be examined during regular office hours. (5) A statement that a public hearing with respect to such petition must be held by the Southold Town Board before such change of zone can become effective; that the person to whom the notice is addressed, or his representative, has the right to appear and be heard at such hearing; and that a notice of such hearing will be published in the official town newspaper not less than ten (10) days prior to such public hearing. B. In lieu of complying with the provisions of this section, written verified waivers of notice executed by the persons entitled to receive such notice may be filed with the Town Clerk at the time of filing the petition. C. Failure to comply with the provisions of this section shall not affect the validity of any action with respect to such petition. 10075 7-25-75 Minimum Requirements Total lot area (sq. ft.) Lot width (ft.) Lot depth (ft.) Front yard (ft.) One side yard (ft.) Both side yards (ft.) Rear yard (ft.) Livable floor area (sq. ft.) per dwelling unit Off-street parking spaces per dwelling unit Maximum Permitted Lot coverage (percent) Building height: Number of stories Feet • ' [Amended 5.29.73; 5-10.83 by L.L. No. 7.1983; 8.9-83 by L.L. No. 9.1983] t [Amended 5-30-75 by L.L. No. 3.1975] 8-25.83 ZONING BULK AND PARKING SCHEDULE; A Residence District' Two- Multiple -Residence Family Districts Business Districts Industrial Districts Single -Family Dwellings Dwellings M M-1 B B-1 C C-1 A A40 A-80 A-160 Light General Light General Light General — 40,000 80,000 160,000 40,000 80,000 20,000 30,000 40,000 200,000 — 150 175 270 185 200 60 150 200 300 — 175 260 400 35 50 60 60 50 50 35 35 50' 150 10 15 20 30 15 20 25 30 50 25 35 45 50 35 46 50 60 100 35 50 75 75 50 50 25 35 50 100 850 850 850 860 See Arti- See Arti- — — — — cle IV cle V 2 2 2 3 See Arti- See Arti- See Arti- See Arti- See Arti- See Arti- cle IV cle V cle VI cle VII cle VIII cle IX 20 20 20 20 25 25 See Arti- See Arta- See Arti- See Arti- cle VI cle VII cle VIII cle IX 2% 2% 21h 2% 23A 23¢ 2 2 2 2 35 35 35 35 35 35 30 35 35 35 ' [Amended 5.29.73; 5-10.83 by L.L. No. 7.1983; 8.9-83 by L.L. No. 9.1983] t [Amended 5-30-75 by L.L. No. 3.1975] 8-25.83