HomeMy WebLinkAbout2008 Code Supplement - 06/15/2008GENERAL CODE
INSTRUCTIONS
Town of Southold Code Supplement No. 8
The enclosed new and/or replacement pages should be placed in your Code volume immedi-
ately! The dateline, on the bottom of the page, does not indicate the adoption date of the Code
changes, but rather identifies the pages printed with this supplement. This instruction page should
be placed in the front of your Code volume.
REMOVE
189:9 —189:10
280:15 — 280:16
280:37 — 280:38
280:38.1
280:55 — 280:56
280:62.5 — 280:62.6
280:87 — 280:90
DL:3
Index Pages 7 — 8
INSERT
189:9 — 189:10
189:10.1
280:15 — 280:16
280:16.1
280:37 — 280:38
280:38.1
280:55 — 280:56
280:62.5 — 280:62.6
280:62.6.1
280:87 — 280:90
DL:3
Index Pages 7 — 8
Legislation, by number or date of adoption, included in this supplement: L.L. Nos. 2-2008; 3-
2008; 4-2008.
06-15-2008
§ 189-3 PARKING § 189-4
(3) The fee for the issuance of a one -day nonresident parking permit shall be such fee
as shall be prescribed by resolution of the Southold Town Board.
E. Guest pen -nits. [Added 12-28-1982 by L.L. No. 9-19821
(1) Guest parking permits shall be issued by the Town Clerk or a person designated by
the Town Clerk to all persons who are qualified residents of the Town of Southold,
as defined in § 189-3A hereof, for use by guests temporarily residing in the
dwelling of such resident. A resident applying for a guest parking permit shall
present an application in affidavit form, signed by the applicant, setting forth the
following:
(a) The location of the property to be occupied by the guests.
(b) The names and permanent addresses of the guests.
(c) The length of time of the guest occupancy.
(2) Upon a determination by the Town Clerk or person designated by the Town Clerk
that the applicant is entitled to a guest parking permit and upon the payment of the
permit fee, such permit shall be issued and inscribed with the vehicle license
registration number and shall be affixed to the vehicle in the same manner as
provided in § 189-3A(3) hereof.
(3) The fee for the issuance of a guest parking permit shall be such fee as shall be
prescribed by a resolution of the Southold Town Board.
F. Nonresident seasonal beach parking permit. Beach parking permits for nonresidents for
the period January 1 through December 31 may be issued by the Town Clerk of the
Town of Southold upon application therefor at a sum prescribed by resolution of the
Southold Town Board, which annual sum shall include both the vehicle and boat trailer.
[Added 7-14-1987 by L.L. No. 11-1987; amended 10-23-1990 by L.L. No. 21-1990;
10-18-1994 by L.L. No. 21-1994; 2-23-1995 by L.L. No. 4-19951
§ 189-4. Designation of parking areas on Fishers Island. [Added 5-31-1994 by L.L. No.
11-1994]
A. The use of Race Point as a recreational area on Fishers Island by persons other than
residents has increased to such an extent that such area has become overcrowded with the
result that residents are denied the use thereof. The Town Board therefore declares it to
be policy of the Town of Southold to restrict and regulate the parking of vehicles at Race
Point, located at the southwesternmost tip of Fishers Island. [Amended 11-1-1994 by
L.L. No. 24-19941
B. No person shall park any type of vehicle in any parking area designated here in this
section as a "Parking by Permit Only" area unless such vehicle displays a valid parking
permit duly issued for such vehicle in accordance with the provisions of Subsection D. In
addition to the areas listed in Subsection A above, the following areas of Fishers Island
are designated "Parking by Permit Only": [Amended 4-8-2008 by L.L. No. 2-20081
189:9 06-15-2008
§ 189-4 SOUTHOLD CODE
Street Side Hours
Greenwood Avenue East 6:00 p.m. to 6:00
a.m., from and
including Memorial
Day through and
including Labor
Day
§ 189-4
Location
On Fishers Island,
the entirety of the
easterly side of
Greenwood Avenue
C. The Town of Southold will erect and maintain a sign at each designated location
indicating "Parking by Permit Only."
D. Parking permits for any vehicles in the parking areas designated on Fishers Island shall
be issued as follows:
(1) Resident parking permit.
(a) A resident parking permit shall be issued by a Fishers Island designee of the
Southold Town Clerk to all persons who are qualified residents of the Town
of Southold. Persons applying for a resident parking permit shall present for
inspection the following proof of residency: a valid tax receipt stub for the
current year for any taxable real property within the Town of Southold
assessed in the name of the applicant, or a valid motor vehicle registration in
the name of the applicant at an address located within the Town of Southold,
or such other proof of residence as is satisfactory to the designee.
(b) Upon determination by the designee that the applicant is a qualified resident
of the Town, and upon payment of a fee, previously determined by Town
Board resolution, a resident parking permit shall be issued and inscribed with
the vehicle license registration number. Such permit shall be affixed to the
right front bumper and shall not be transferred to any other vehicle.
(2) Lessee parking permit.
(a) A lessee parking permit shall be issued by the Fishers Island designee to all
persons who lease or rent property within the Town of Southold but do not
qualify as residents defined in Subsection D(1). Persons applying for a lessee
parking permit shall indicate the location of leased or rented property, the
persons occupying the same and the term of tenancy and must present to the
designee as proof of tenancy verification from the property owner or
managing realtor.
(b) Upon determination by the designee that the applicant is entitled to a lessee
parking permit, and upon payment of the fee, such permit shall be issued and
inscribed with the vehicle license registration number and shall be affixed to
the right front bumper and shall not be transferred to any other vehicle.
(3) A guest parking permit shall be issued by the Fishers Island designee to all persons
who are qualified for residential or lessee parking permits as defined in Subsection
D(1) and (2) hereof for use by guests temporarily residing in the dwelling of such
189:10 06-15-2008
§ 189-4 PARKING § 189-4
resident or lessee. The resident or lessee applying for a guest parking permit shall
indicate the location of property to be occupied by the guest, the names of the
guests and the length of time and guest occupancy. The guest parking permit shall
be displayed in the right front dashboard area of the vehicle, shall not be
transferred to any other vehicle and shall be valid during guest occupancy only.
E. Any vehicle parked in violation of the provisions of this section or any other law,
ordinance, rule, regulation or resolution may be removed or be caused to be removed by
the Fishers Island Constables or the New York State Troopers.
189:10.1 06-15-2008
§ 280-4 ZONING § 280-4
HISTORICAL SOCIETY — An institution devoted to the preservation of information,
artifacts, structures and other evidence of a human community or enterprise that existed
in the past. [Added 11-12-1996 by L.L. No. 20-19961
HISTORIC BUILDING — See "landmark designation."
HOME BUSINESS OFFICE — The business office of an individual which does not
qualify for home professional office yet provides a service rather than the retail sale of
goods (i.e., offices providing the service of consulting, advertising, designing and/or
marketing and which typically require a home personal computer, telephone and/or
facsimile transmission machine). [Amended 7-28-1992 by L.L. No. 14-1992]
HOME OCCUPATION — [Amended 4-9-1991 by L.L. No. 10-1991; 7-28-1992 by
L.L. No. 14-19921
(1) Any gainful activity customarily conducted only within a dwelling unit by the
residents thereof that is clearly secondary to the residential use.
(2) Activities carried on by the residents which are connected with produce of the
seas, bays or harbors caught or dug by them, including storage and dockage of
boats and gear, spreading and mending of nets and other gear and sale of such
produce so gathered.
(3) Tradesmen, not limited to carpenters, plumbers, landscapers, painters, masons and
electricians, provided that no retail sales or services are conducted on site.
HOMEOWNERS' OR HOMES ASSOCIATION — A community association, including
a condominium association, which is organized in a residential development in which
individual owners have a shared interest in the responsibility for open space or facilities.
HOME PROFESSIONAL OFFICE — 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, provided that the office, studio or occupational rooms are located in a
dwelling in which the practitioner resides. [Added 4-9-1991 by L.L. No. 10-1991;
amended 7-28-1992 by L.L. No. 14-19921
HOTEL OR MOTEL, RESORT — A building or group of buildings, whether detached
or in connected units, containing individual guest units consisting of a room arranged or
designed to be available for use as sleeping quarters for transients on a daily rental basis
or for vacationers or other persons on a weekly rental basis, provided that one such unit
may connect directly with not more than one other such unit. Each unit shall have a door
opening on the exterior of the building or on a common hallway leading to the exterior.
A "resort motel" may include such accessory uses as a beach cabana, private dock,
dining room, restaurant or swimming pool, conference and meeting facilities or an
accessory convenience shop, office or personal service facility, provided that such facility
or shop is located within the building without any external sign or display and off-street
parking facilities. The term "resort motel" shall not be construed to include "transient
motel" or "mobile home park."
280:15 06-15-2008
§ 280-4 SOUTHOLD CODE § 280-4
HOTEL OR MOTEL, TRANSIENT — A building or group of buildings, whether
detached or in connected units, containing individual guest units consisting of a room
arranged or designed to be available for use as sleeping and living quarters for transients
on a daily rental basis, provided that one such unit may connect directly with no more
than one other such unit and that no cooking facilities shall be available. Each such unit
shall have. a door opening on the exterior of the building or on a common hallway
leading to the exterior. A "transient hotel or motel" may include such accessory uses as
an office, restaurant, accessory personal services, swimming pool and off-street parking
facilities. The term "transient hotel or motel" shall not be construed to include "resort
motel" or "mobile home park," nor shall it be deemed to include any dwelling unit except
that of the owner or manager.
INDOOR DOG AND CAT CARE FACILITY — A facility that provides dog and cat
care services, including, but not limited to, grooming, day care, overnight care, obedience
training, and accessory retail sales of pet products, inside a building. The breeding and/or
sale of animals shall not be permitted in such a facility. All dogs and cats must be kept
inside the building at all times, except for transfer to and from transportation. No outdoor
kennels or pens are permitted at such facility, and all dogs and cats must be controlled at
all times to prevent their escape or trespass onto neighboring properties. Animal waste
must be disposed of in a manner that will not pollute groundwater or cause odors to
leave the premises, and in accordance with the applicable Town, county or state
regulations. The building must be insulated to minimize noise, such as dogs barking, that
may be heard from neighboring properties. [Added 4-22-2008 by L.L. No. 4-20081
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, equipment or machinery as may be sold as and for junk or salvage.
The existence on any residential lot of three or more unregistered automobiles or trucks
not housed within a building shall be deemed to be a "junkyard." Public sanitary landfills
and the structures located thereon shall not be included in this definition.3
LANDMARK DESIGNATION The designation of a building or structure of
architectural or historic significance to the Town through listing the property in the
Town's Register of Designated Landmarks and filing a copy of the entry in the Town
Clerk's office.
LANDSCAPING — An area of land restricted to landscape items which may also
include such elements as natural features, earth berms, sculpture, signs, lighting,
accessways, bikeways and pedestrianways.
LIFE CARE COMMUNITY — A structure or series of structures designed to provide a
comprehensive cohesive living arrangement for the elderly in accordance with a license
pursuant to New York Public Health Law, Article 46. A life care community may
include a long-term continuing care facility as an integral but accessory service for
residents of the life care community. [Added 11-12-1996 by L.L. No. 20-19961
3. Editor's Note: See also Ch. 166, Junkyards.
280:16 06-15-2008
§ 2804 ZONING § 2804
LIGHT INDUSTRIAL USES — Uses which involve fabrication, reshaping, reworking,
assembly or combining of products from previously prepared materials and which do not
involve the synthesis of chemical or chemical products other than for pharmaceutical or
research purposes or the processing of any raw materials except agricultural raw
materials. Such uses may include industrial operations such as electronic, machine parts
and small component assembly, as opposed to heavy industrial operations such as
automobile assembly or milling activities. [Added 4-28-1997 by L.L. No. 6-19971
LIGHT INDUSTRY — An activity which involves the fabrication, reshaping,
reworking, assembly or combining of products from previously prepared materials and
which does not involve the synthesis of chemical or chemical products other than for
pharmaceutical or research purposes or the processing of any raw materials, except
280:16.1 06-15-2008
§ 280-13 ZONING § 280-13
subsection shall, within one year from such date, comply with all of the
provisions hereof.
(b) Individual outdoor tennis court related to residential use on a lot containing a
single-family detached dwelling, provided that the same is set back not less
than six feet from all lot lines and that there is no lighting for after dark use.
(5) Private garages; provided, however, that not more than two passenger automobile
spaces in such garages may be leased to persons not resident on the premises.
(6) Off-street parking spaces accessory to uses on the premises. Not more than four
off-street parking spaces shall be permitted within the minimum front yard.
(7) 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 § 280-78Q, Supplemental parking regulations,13 and the
following requirements:
(a) Such boat or trailer shall not exceed 30 feet in length.
(b) Such boat or trailer shall be stored only in the required rear yard, and the
area occupied thereby, together with the area of all buildings in the rear yard,
shall not exceed 40% of the area of the required rear yard.
(c) Such boat or trailer shall not be located within 15 feet of any street or lot
line.
(8) Horses and domestic animals other than household pets, provided that such animals
shall not be housed within 40 feet of any lot line. Housing for flocks of more than
25 fowl shall not be constructed within 50 feet of any line.14
(9) Yard sales, attic sales, garage sales, auction sales or similar types of sales of
personal property owned by the occupant of the premises and located thereon,
subject to the following requirements:
(a) Not more than one such sale shall be conducted on any lot in any one
calendar year.
(b) Adequate supervised parking facilities shall be provided.
(c) No signs, except one on -premises sign not larger than six square feet in size
displayed for a period of not longer than one week immediately prior to the
day of such sale, shall be permitted.
(d) A permit shall be obtained therefor from the Town Clerk upon the payment
of a fee of $15. [Amended 8-24-1993 by L.L. No. 18-19931
13. Editor's Note: See now § 280-78P.
14. Editor's Note: Former Subsection C(9), as amended, regarding signs, which previously followed this subsection, was
repealed 11-29-1994 by L.L. No. 25-1994. For current sign provisions, see Art. XIX, Signs.
280:37 06-15-2008
§ 280-13 SOUTHOLD CODE § 280-15
(e) The display permit issued by the Town Clerk shall be posted on the premises
so it can be read from the street and removed before sundown on the day of
the sale. [Added 8-24-1993 by L.L. No. 18-19931
(10) Wineries may have an accessory gift shop on the premises which may sell items
accessory to wine, such as corkscrews, wine glasses, decanters, items for the
storage and display of wine, books on winemaking and the region and nonspecific
items bearing the insignia of the winery. Wineries may not have a commercial
kitchen as an accessory use but may have a noncommercial kitchen facility for
private use by the employees. [Added 11-29-1994 by L.L. No. 26-19941
(11) Child care. [Added 11-12-1996 by L.L. No. 20-19961
§ 280-14. Bulk, area and parking regulations. [Added 9-3-1996 by L.L. No. 16-19961
No building or premises shall be used and no building or part thereof shall be erected or
altered in the A -C, R-80, R-120, R-200 and R400 Districts unless the same conforms to the
Bulk Schedule and Parking Schedule15 incorporated into this chapter with the same force and
effect as if such regulations were set forth herein full.
§ 280-15. Accessory buildings and structures. [Amended 4-10-1990 by L.L. No. 6-1990;
7-17-1990 by L.L. No. 14-1990; 2-5-1991 by L.L. No. 2-1991; 12-22-1992 by L.L. No.
33-1992; 1-16-2007 by L.L. No. 2-2007; 4-22-2008 by L.L. No. 3-20081
In the Agricultural -Conservation District and Low -Density Residential R-80, R-120, R-200
and R-400 Districts, accessory buildings and structures or other accessory uses shall be
located in the required rear yard, subject to the following requirements:
A. Buildings with a flat or mansard roof shall not exceed 16 feet in height and shall be set
back at the minimum required for a sloping roof.
B. Buildings with a sloping roof shall be subject to the following height and setback
limitations:
Minimum Setback for Side
Lot Size
Maximum Height
and/or Rear Yard
(square feet)
(feet)
(feet)
Less than 10,000
18
3
Less than 10,000
20
5
Less than 10,000
22
10
10,000 - 19,999
18
5
10,000 - 19,999
20
15
10,000 - 19,999
22
20
15. Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking Schedule is in § 280-78A.
280:38 06-15-2008
§ 280-15 ZONING § 280-15
Minimum Setback for Side
Lot Size
Maximum Height
and/or Rear Yard
(square feet)
(feet)
(feet)
20,000 - 39,999
18
10
20,000 - 39,999
20
15
20,000- 39,999
22
20
40,000 - 59,999
22
15
60,000 -79,999
22
20
80,000 and over
22
25
C. Such buildings shall not exceed 660 square feet on lots containing up to 20,000 square
feet and shall not exceed 750 square feet on lots 20,000 square feet to 60,000 square feet.
On lots over 60,000 square feet, no accessory building shall exceed 3% of the total size
of the parcel.
D. Dormers are permitted on accessory buildings up to 40% of the roof width. This
restriction shall not apply to buildings receiving a certificate of appropriateness from the
Town of Southold Historic Preservation Commission pursuant to Chapter 170 of the
Town Code.
E. Any accessory structure that is not a building shall not exceed 18 feet in height and shall
be set back at the minimum required in Subsection B above.
F. In the case of a waterfront parcel, accessory buildings and structures may be located in
the front yard, provided that such buildings and structures meet the front -yard principal
setback requirements as set forth by this Code, and the side yard setback requirements
for accessory buildings in Subsection B above.
280:38.1 06-15-2008
§ 280-38 ZONING § 280-40
(1) Accessory uses as set forth in and regulated by § 280-13C(1) through (7) of the
Agricultural -Conservation District and subject to the conditions set forth in
§ 280-15 thereof.
(2) Accessory uses set forth in and regulated by § 280-22C(2) of the Hamlet Density
Residential District.
D. Additional standards. All permitted structures as set forth in this article, except for
single-family dwellings, shall be subject to the following:
(1) No outdoor storage or display of any kind shall be permitted.
(2) All permitted buildings and other structures shall be visually residential in
character, the visible architectural features of which shall be consistent and
compatible with the architectural styles of the existing structures in the immediate
neighborhood.
(3) Store fronts of any kind whatsoever shall not be permitted.
§ 280-39. Bulk, area and parking regulations.
No building or premises shall be used and no building or part thereof shall be erected or
altered in the Residential Office (RO) District unless the same conforms to the Bulk Schedule
and Parking and Loading Schedules incorporated into this chapter, with the same force and
effect as if such regulations were set forth herein in f lll3o
ARTICLE IX
Limited Business (LB) District
[Added 1-10-1989 by L.L. No. 1-198931 ; amended 5-9-1989 by L.L. No. 6-1989; 8-1-1989
by L.L. No. 5-1989; 11-29-1994 by L.L. No. 26-1994; 2-7-1995 by L.L. No. 3-1995;
8-22-1995 by L.L. No. 18-1995; 10-19-1999 by L.L. No. 14-19991
§ 280-40. Purpose. [Amended 4-22-2008 by L.L. No. 4-20081
The purpose of the Limited Business (LB) District is to provide an opportunity to
accommodate limited business activity along highway corridors, but in areas outside the
hamlet's central business areas, that is consistent with the rural and historic character of
surrounding areas and uses. Emphasis will be placed on review of design features so that
existing and future uses will not detract from surrounding uses. The additional uses must
generate low amounts of traffic and be designed to protect the residential and rural character
of the area.
30. Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking and Loading Schedules are
in §§ 280-78 and 280-79.
31. Editor's Note: This local law also repealed former Art. VIII, C Light Industrial District, as amended.
280:55 06-15-2008
§ 280-41 SOUTHOLD CODE § 280-41
§ 280-41. Use regulations.
In the LB 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. The following uses are permitted uses. All permitted uses except
single-family and owner -occupied two-family residences require site plan approval.
[Amended 4-22-2008 by L.L. No. 4-20081
(1) Any permitted use as set forth in and regulated by § 280-13A of the
Agricultural -Conservation District, except wineries, which shall be as set forth in
Subsection A(9) below.
(2) Retail businesses complementary to the rural and historic character of
thesurrounding area, limited to the following:
(a) Custom workshops and machine shops;
(b) Wholesale or retail sale and accessory storage and display of garden
materials and plants, including nursery operations, provided that the outdoor
storage or display of plants and materials does not obstruct pedestrian now or
vehicular traffic and does not occur within three feet of the property line.
(c) Libraries or museums.
(3) Professional and business offices.
(4) Funeral homes.
(5) Restaurants, except drive-in restaurants or formula restaurants.
(6) Repair shops for household, business or personal appliances, including cabinet
shops, carpenter shops, electrical shops, plumbing shops, furniture repair shops and
bicycle and motorcycle shops, landscaping and other service businesses.
(7) Hotels.
(8) Retail uses supplemental to the service business establishment.
(9) Wineries which meet the following standards:
(a) Wineries shall be a farm winery licensed under New York State law from
which wine made from primarily Long Island grapes is produced and sold.
(b) Wineries shall obtain site plan approval.
(c) Wineries shall have retail sales on site.
(10) Bed -and -breakfast uses as set forth in and as regulated by § 280-13B(14).
(11) Private warehousing.
(12) Indoor dog and cat care facilities.
280:56 06-15-2008
§ 280-47 ZONING § 280-48
ARTICLE XI
General Business (B) District
[Added 1-10-1989 by L.L. No. 1-1989361
§ 280-47. Purpose.
The purpose of the General Business (B) District is to provide for retail and wholesale
commercial development and limited office and industrial development outside of the hamlet
central business areas, generally along major highways. It is designed to accommodate uses
that benefit from large numbers of motorists, that need fairly large parcels of land and that
may involve characteristics such as heavy trucking and noise.
§ 280-48. Use regulations. [Amended 5-9-1989 by L.L. No. 6-1989; 8-1-1989 by L.L. No.
15-1989; 8-13-1991 by L.L. No. 19-1991; 7-13-1993 by L.L. No. 11-1993; 5-16-1994 by
L.L. No. 9-1994; 11-29-1994 by L.L. No. 26-1994; 12-27-1994 by L.L. No. 30-1994;
2-7-1995 by L.L. No. 3-1995; 10-17-1995 by L.L. No. 21-1995; 11-19-2002 by L.L. No.
7-2002; 5-6-2003 by L.L. No. 9-20031
In the B 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. The following uses are permitted uses and, except for those uses
permitted under Subsection A(1), (12) and (13) hereof, are subject to site plan approval
by the Planning Board:
(1) Any permitted use set forth in and regulated by § 280-13A(2) and (3) of the
Agricultural -Conservation District.
(2) Any permitted use set forth in and regulated by § 280-45A(3) to (22) of the
Hamlet Business District, except Subsection A(7) as applicable in the Business
District is herein modified as follows: [Amended 6-20-2006 by L.L. No. 8-2006;
4-22-2008 by L.L. No. 3-20081
(a) Retail stores, up to a maximum of 8,000 total square feet of gross floor area
in any building (excluding unfinished basement and attic areas),
notwithstanding the provisions of the Bulk Schedule for Business, Office and
Industrial Districts.37 Such retail stores greater than 4,000 total square feet
shall comply with the retail building standards for B Districts listed below, in
addition to the site plan requirements of this chapter.
36. Editor's Note: Editor's Note: This local law also repealed former Art. x, Tourist Camps, Camp Cottages and
Trailers.
37. Editor's Note: The Bulk Schedule for Business Office and Industrial Districts is included at the end of this chapter.
280:62.5 06-15-2008
§ 280-48 SOUTHOLD CODE § 280-48
[1] Building massing and facade treatment.
[a] Variation in massing.
[i] A standardized building mass shall be prohibited. For
purposes of this subsection, the term "standardized" shall
include an array of architectural elements, layout, design,
logos or similar exterior features that have been applied to
four or more retail buildings nationwide.
[ii] Exterior building walls facing side yards shall include
materials and design characteristics consistent with those on
the front of the building.
[iii] Building walls that face public streets, connecting pedestrian
walkways, or adjacent development shall meet the following
standards:
[A] Facades shall be subdivided and proportioned using
features such as windows, entrances, arcades, arbors,
awnings, trellises with vines, or alternate architectural
detail that defines human scale, along no less than 60%
of the facade.
[b] Awnings.
[i] Awnings shall be no longer than a single storefront.
[ii] Fabric awnings and canvas awnings with a matte finish are
permitted. Awnings with high -gloss finish and illuminated,
plastic awnings are prohibited.
[c] Customer entrances. Retail buildings shall have clearly defined,
highly visible customer entrance(s) featuring no less than three of
the following:
[i] Canopies or porticos;
[ii] Overhangs;
[iii] Recesses/Projections;
[iv] Arcades;
[v] Raised corniced parapets over the door;
[vi] Peaked roof forms;
[vii] Arches;
[viii] Outdoor patios;
[ix] Display windows;
280:62.6 06-15-2008
§ 28048 ZONING § 28048
[x] Architectural detail such as tile work and moldings
integrated into the building structure and design; or
[xi] Integral planters or wing walls that incorporate landscaped
areas and/or places for sitting.
280:62.6.1 06-15-2008
§ 280-74 ZONING § 280-78
In the case of a wireless communication facility on preexisting structures, this provision
shall apply to the wireless communication facility only. If the wireless communication
facility is not removed within the said 90 days, the Building Inspectors may, with the
approval of the Town Board, give the owner notice that unless the removal is
accomplished in 30 days, the Town will cause the removal at the owner's expense. The
grant of a special exception approval under this article shall include irrevocable
permission to the Town to accomplish removal of the wireless communication facility
under this article. Any cost to the Town for such removal shall constitute a lien on the
tax lot on which the tower is situated and shall be collected in the same manner as a
Town tax upon real property.
§ 280-75. Nonconforming uses.
Preexisting telecommunication towers shall be allowed to continue their usage as they
presently exist. New construction, other than maintenance on a preexisting tower, shall
comply with the requirements of this article.
§ 280-76. Severability.
The various parts, sections and clauses of this article are hereby declared to be severable. If
any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a
court of competent jurisdiction, the remainder of the article shall not be affected thereby 53
ARTICLE XVIII
. Parking and Loading Areas
[Added 1-10-1989 by L.L. No. 1-19891
§ 280-77. Purpose.
Regulations for off-street parking and truck loading areas are imposed in order to minimize
traffic congestion, air pollution and the risk of motor vehicle and pedestrian accidents and to
address aesthetic considerations.
§ 280-78. Off-street parking areas.
A. Off-street parking spaces, open or enclosed, are permitted accessory to 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. For those uses
not specified in the schedule, there shall be a periodic monitoring of off-street parking
conditions to ensure that the purpose of this article is satisfied. In addition, the Planning
53. Editor's Note: Former Art. XVIII, Cluster Development, added 1-10-1989 by L.L. No. 1-1989, as amended, which
immediately followed this subsection, was repealed 10-19-2004 by L.L. No. 21-2004. For current provisions on cluster
development, see Ch. 240, Subdivision of Land, Art. Xl, Cluster Development.
280:87 06-15-2008
§ 280-78 SOUTHOLD CODE § 280-78
Board may waive all or a portion of these requirements within the Hamlet Business
District where it shall find that municipal parking facilities within 300 feet of the
proposed use will adequately serve the proposed use. [Amended 5-16-1994 by L.L. No.
9-1994; 4-22-2008 by L.L. No. 4-20081
Type of Use
Accessory apartment in existing 1 -family
dwelling
Antique shop, auction gallery, arts and
crafts shop and workshop
Apartment over store
Auditorium, meeting hall
Automobile laundry
Bank
Beach club or swim club
Bed -and -breakfast enterprise
Required Number of Parking Spaces
1 per accessory apartment in addition to
2 for 1 -family dwelling
1 per 250 square feet of sales area
1 per apartment in addition to business
requirements
1 per 50 square feet of seating area, but
not less than 1 per 4 seats where
provided
1 per employee, plus a 10 -space queuing
line area for each laundry bay
10 spaces or 1 space for each 100 square
feet of gross floor area or 3 spaces per
teller, whichever is greatest, plus a
5 -space queuing area for each drive-in
teller
2 spaces per 3 members
1 space per guest room in addition to
residential requirements
Boardinghouse or tourist house 1 space per guest room in addition to
residential requirements
Boat and marine engine repair and sales, if 1 space per 250 square feet of gross floor
separate from marina area
Boatyard, including boat sales and rentals Sales and rental portion, 3 spaces, in
addition to marina requirements
Bowling lane At least 4 spaces per lane
Building, electrical or plumbing contractor's 1 space for each employee, plus 2 spaces
business or yard
Cold storage plant 3 spaces or 1 per 800 square feet of gross
floor area
College 0.5 space per student, plus 0.75 space per
staff member
Conference facilities 1 space per 4 seats in the largest
assembly hall or meeting area, plus 1
space for each 4 seats in classroom
facilities
280:88 06-15-2008
§ 280-78 ZONING § 280-78
Type of Use Required Number of Parking Spaces
Drinking establishment 1 space per 3 seats or 1 space per 100
square feet of floor space, whichever is
greater
Fish market, including wholesale and retail 1 space per 200 square feet of gross floor
sale of finfish and/or shellfish area
Food processing and packaging including 0.75 space per employee or 1 space per
fish processing 500 square feet of gross floor area,
whichever is greater
Fraternal or social office or meeting hall See 'office"
Funeral home 1 space for each 3 seats provided therein
or 1 space for each 100 square feet of
space available for public use, whichever
is greater, with a minimum of 25 spaces
Gasoline service station, partial self-service 3 -space queuing area for each pump, plus
1 space for each employee
Gasoline service station with minor indoor Same as gasoline service station above,
repair facility plus 2 for each bay
Greenhouse, floral shop, flower shop, 1 space per employee, plus 3 spaces, or 1
nursery or similar facility, either enclosed or space per 200 square feet of sales and/or
unenclosed display area, whichever is greater
Home occupation, including home 3 spaces per home occupation, plus 2
professional office, except physician or spaces required for single-family
dentist residence
Hospital
Hotel or motel, resort and transient
Indoor dog and cat care facilities [Added
4-22-2008 by L.L. No. 4-20081
In-service training facilities for employees
Laundry plant or dry-cleaning plant
Laundromat
Library, museum or art gallery
Light industrial uses
Mariculture/aquaculture business
1 space for each bed
1 space for each guest room and 1 for
each employee or 1 space per guest
room, whichever is greater, plus
accessory use parking as required
1 space per 400 feet of gross floor area
See "conference facilities"
1 per employee, plus 1 per 200 square
feet of customer service area
0.75 space per washing machine
See "auditorium"
1 per employee or 1 per 500 square feet
of floor area, whichever is greater
See "light industrial"
Marina 1 space per boat slip, mooring, dock
space or similar unit of capacity, plus 1
space per employee
280:89 06-15-2008
§ 280-78 SOUTHOLD CODE § 280-78
Type of Use Required Number of Parking Spaces
Membership club, country club, golf club or At least 1 for each 2 members or
public golf course, tennis club accommodations (such as lockers),
whichever is greater, plus 1 for each
employee
Motor vehicle or mobile home salesroom or 1 per each 600 square feet of showroom
outdoor sales lot, including rental of and sales lot area, plus 1 per employee
equipment
Multiple dwelling (3 or more families)
Studio
1 -bedroom
2 -bedroom
Nursing home or proprietary rest home
Office, business, governmental and
professional, except physicians or dentists
Office for physician or dentist
1 -family detached dwelling
Personal service shop, barbershop or beauty
parlor
Philanthropic, eleemosynary or religious
institution
Place of worship
Printing or publishing plant
Professional studio or travel agency
Recreational facility, fully enclosed,
commercial
Repair garage
1.5 per dwelling unit
1.5 per dwelling unit
2.0 per dwelling unit; 0.25 space is
required for each bedroom in excess of
the first 2 bedrooms
1 for each bed
1 per 100 square feet of office floor area
5 spaces per physician or dentist
2 spaces per dwelling
2.5 spaces per service chair
1 space per bed
See "auditorium"
See "light industrial'
See 'office"
1 space for each 300 square feet of gross
floor area, except court sports, 5 spaces
per court, and rink sports, 1 space per
200 square feet of rink area
4 spaces per bay, plus 1 space per
employee
Repair shop for household, business or 1 space per 200 square feet of customer
personal appliances service area
Research, design or development laboratory See "light industrial'
Restaurant, drive-in, curb service take-out or 1 space per 2 seats or 1 space per 50
formula food square feet of gross floor space,
whichever is greater
Restaurant, except drive-in 1 space per 3 seats or 1 space per 100
square feet of floor space, whichever is
greater
280:90 06-15-2008
§ DL -1 DISPOSITION LIST § DL -1
Local Law Adoption
No.
Date
Subject
Disposition
7-2007
3-13-2007
Tax exemption for volunteer fire fighters
Ch. 245, Art. V
and ambulance workers amendment
8-2007
3-13-2007
Tax exemption for war veterans and
Ch. 245, Art. VI
Gold Star parents
9-2007
3-27-2007
Stormwater management
Ch. 236
10-2007
4-10-2007
Zoning amendment
Ch. 280
11-2007
4-10-2007
Zoning amendment
Ch. 280
12-2007
5-8-2007
Parking at beaches amendment; parks
Chs. 189, Art. I;
and recreation areas: use regulations and
193, Art. 1; 260
restrictions amendment; vehicles and
traffic amendment
13-2007
5-22-2007
Solid waste: garbage, rubbish and refuse
Chs. 233, Art. I;
amendment; zoning amendment
280
14-2007
6-5-2007
Vehicles and traffic amendment
Ch. 260
15-2007
7-17-2007
Wind energy: small wind energy
Ch. 277, Art. 1;
systems; zoning amendment
Ch. 280
16-2007
7-31-2007
Moratorium on wireless communication
NCM
facilities
17-2007
7-17-2007
Parking at beaches amendment
Ch. 189, Art. I
18-2007
7-31-2007
Zoning amendment
Ch. 280
19-2007
7-31-2007
Vehicles and traffic amendment
Ch. 260
20-2007
8-30-2007
Zoning amendment
Ch. 280
21-2007
10-23-2007
Sewer rents and charges amendment
Ch. 215, Part 3
22-2007
12-4-2007
Shellfish and other marine resources
Ch. 219
amendment
23-2007
12-18-2007
Wetlands and shoreline amendment
Ch. 275
24-2007
12-18-2007
Tax exemption for historic properties
Ch. 245, Art. VIII
25-2007
12-18-2007
Tax exemption for Cold War veterans
Ch. 245, Art. VII
1-2008
1-29-2008
Moratorium on wireless communication
NCM
facilities
2-2008
4-8-2008
Parking at beaches amendment
Ch. 189, Art. I
3-2008
4-22-2008
Zoning amendment
Ch. 280
4-2008
4-22-2008
Zoning amendment
Ch. 280
DL:3 06-15-2008
SOUTHOLD INDEX
Habitat, 275-2
Lot line, side, 280-4
Nonrecyclable waste, 233-1
Habitat fragmentation, 275-2
Lot, rear or flag, 280-4
Nonresident, 219-4
Handbill, 174-1
Lot, through, 280-4
Nonturf buffer, 275-2
Harvesting, 275-2
Lot width, 280-4
Normal maintenance, 111-6
Health care facility, 280-4
Lower- and moderate -cost hous-
NPDES, 215-36
Height of accessory building,
ing, 280-4
Nursery school, 280-4
280-4
Lowest floor, 148-4
Off duty, A290-46
Height of building, 280-4
Low -profile jetties, 275-2
Officer, A290-46
Highest adjacent grade, 148-4
Low -sill bulkhead, 275-2
Official map, 240-3
Highway, 237-5
Main floor, 2804
Official time standard, 260-1
Historic, 170-3
Maintenance dredging, 275-2
Off -premises sign, 280-4
Historical society, 280-4
Major addition, 111-6
Off-street parking space, 280-4
Historic building, 280-4
Man-made pond, 275-2
On duty, A290-46
Historic significance, 64-3
Manufactured home, 1484
One -hundred -year flood, 1484
Historic structure, 148-4
Manufactured home park or sub-
One -hundred -year floodplain,
Holidays, 260-1
division, 148-4
236-4
Home business office, 2804
Manufacturing, 280-4
On-site system, 215-2
Home occupation, 280-4
Map, 237-23
Open development area, 240-3
Homeowners' or homes associa-
Marina, 96-27,275-2
Open space, 280-4
tion, 275-2, 280-4
Marina or boat basin, 280-4
Open space or open area, 185-3
Home professional office, 280-4
Marine resources, 219-4
Operations, 275-2
Horticulture, 275-2
Master plan, 280-4
Order of protection, A290-36
Hotel or motel, resort, 280-4
Material, 275-2
Ordinary and usual maintenance,
Hotel or motel, transient, 280-4
Mean high water (mhw), 275-2,
275-2
Housing, 34-3
280A
Original structure, 275-2
Illegal dumping, 233-1
Mean low water, 111-6
Outdoor storage, 280-4
Illicit discharges, 236-4
Mean low water (mlw), 275-2
Outside employer or business,
Immediate family member, 26-2
Mean sea level, 148-4
26-2
Immediate project area, 275-2
Member, A290-46
Owner, 237-23,280-4
Immediate supervisor, 47-1
Minor actions, 268-3
Park, 174-1, 249-2
Impervious surface, 236-4, 275-2
Mobile home, 148-4
Park and recreation fee, 240-3
Income eligible individu-
Moderate -income family, 280-25
Park dedication, 240-3
als/families, 34-3
Moderate -income family dwelling
Parking lot, 280-4
Indoor dog and cat care facility,
unit, 280-25
Partial self-service gasoline ser -
280 -4
Moderate -income family unim-
vice station, 280-4
Industrial sewage or wastes,
proved lot, 280-25
Patent lands, 219-4, 275-2
215-36
Monopolize, 964,275-2
Patio, 280-4
Interest in real property, 17-20
Mooring, 275-2
Peak lunar tides, 275-2
Intrusion, 75-2
Motel, resort, 280-4
Peddler, 197-2
Jetty, 275-2
Motel, transient, 280-4
Performance bond, 240-3
Junkyard, 280-4
Movable structure, 111-6
Performance guaranty, 280-4
Landmark designation, 280-4
Multiple dwelling, 249-2
Period of war, 245-15
Landscaping, 280-4
Multiple dwelling unit, 249-2
Permanent fixed improvement,
Landward, 275-2
Municipal permit, 236-4
280-25
Latest class ratio, 245-17
National geodetic vertical datum
Permanent mooring, 96-7
Latest state equalization rate,
(ngvd)", 148-4
Permanent resident, 219-4
245-17
Natural buffer, 240-3
Permit holder, 144-3
Laws and ordinances, A290-46
Natural drainage, 2364
Person, 17-20, 26-2, 96-4, 96-27,
Licensing authority, 75-2
Natural features, resources or sys-
111-6, 144-3, 166-2, 174-1,
Life care community, 280-4
tems, 240-3
197-2, 215-2, 215-36, 233-1,
Light industrial uses, 280-4
Natural outlet, 215-36
237-5, 249-2, 275-2, 280-4
Light industry, 280-4
Natural protective feature, 111-6,
Personal watercraft, 96-7
Litter, 174-1
236-4
pH, 215-36
Living area, 280-4
Natural protective feature area,
Pier, 275-2
Loading berth, 280-4
111-6
Pier line, 275-2
Local administrator, 148-4
Natural watershed, 236-4
Planning board, 2804
Local waterfront revitalization
Nearshore area, 111-6
Planning board or board, 240-3
program or lwrp, 268-3
Net worth, 280-25
Plastics, 233-1
Lot, 240-3, 2804
New construction, 148-4
Plat, 280-4
Lot area, 280-4
New manufactured home park or
Platform, 275-2
Lot, comer, 2804
subdivision, 148-4
Police headquarters, 75-2
Lot coverage, 280-4
Newspaper, 174-1, 233-1
Pond, 275-2
Lot depth, 280-4
Nonconforming building or struc-
Preexisting nonpermitted and/or
Lot, interior, 280-4
ture, 280-4
nonconforming structures,
Lot line, 280-4
Nonconforming lot, 280-4
275-2
Lot line, front, 280-4
Nonconforming use, 280-4
Preliminary plat, 240-3
Lot line modification, 240-3
Nondisturbance buffer, 275-2
Preservation, 240-3
Lot line, rear, 280-4
Nonfertilizer, 275-2
Primary dune, 111-6
7
06-15-2008
SOUTHOLD INDEX
Primary frontal dune, 148-4
Rubbish, 174-1
Structural hazard area, 111-6
Principal building, 280-4
Rules, 130-2
Structure, 70-3, 111-6, 148-4,
Principally above ground, 148-4
Rural significance, 64-3
185-3, 236-4, 275-2,280-4
Principal use, 280-4
Salvage center, 211-1
Subdivision, 240-3
Private dwelling, 249-2
Sand dunes, 148-4
Subordinate of a town officer or
Private premises, 174-1
Sanitary flow credit, 117-2
employee, 26-2
Private warehousing, 2804
Sanitary sewer, 215-36
Subsoil drainage, 215-36
Proactive restoration, 275-2
Scap net, 219-4
Substantial damage, 148-4
Probable cause, A290-36
Scavenger waste pretreatment fa-
Substantial improvement, 148-4
Professional, A290-46
cility, 215-2
Subtidal, 275-2
Professional office, 280-4
Scenic significance, 64-3
Superintendent, 193-1, 215-36,
Public parking lot, 260-1
School, 249-2
237-5
Public place, 174-1
Secondary dune, 111-6
Superior officer, A29046
Public property, 264-3
Sedimentation, 2364
Supervisory officer, A29046
Public sewer, 215-36
Sending district, 117-2
Suspended solids, 215-36
Public warehousing, 280-4
Septage (scavenger waste), 215-2
Swimming pool, 280-4
Public water: public sewer, 280-4
Septic tank, 215-2, 2804
Taking, 219-4
Qualified owner, 245-17
Seqra, 240-3
Taxpayer, 219-4
Qualified residential real prop-
Service connected, 245-17
Telecommunication tower, 280-4
erty, 245-17
Servicing, 59-13
Temporary anchoring, 96-7
Real property, 17-20
Setback, 275-2, 280-4
Tidal waters, 275-2
Receding edge, 111-6
Sewage, 215-36
Tobacco, 249-2
Receiving district, 117-2
Sewage treatment plant, 215-2,
Tobacco product, 249-2
Recession rate, 111-6
215-36
Tobacco product advertisement,
Recording officer, 17-20
Sewage works, 215-36
249-2
Records, 59-13
Sewer or drain, 215-36
Toe, 111-6
Records center, 59-13
Sheathing, 275-2
Topsoil, 236-4
Records disposition, 59-13
Shellfish, 219-4
Tourist camp, 253-1, 280-4
Records management, 59-13
Shopping center, 280-4
Tourist cottage, 280-4
Recreation, active, 240-3
Shoreline structure, 275-2
Tower height, 277-1
Recreational areas, 193-1
Sign, 280-4
Town, 17-20, 34-3, 130-2, 174-1,
Recreational facilities, 280-4
Sign area, 280-4
237-5, 275-2
Recreational vehicle, 148-4,
Significant fish and wildlife habi-
Town agency, 130-2
253-20,280-4
tat, 111-6
Town board, 237-5, 280-4,
Recreational vehicle park, 253-20
Silt boom, 275-2
A29046
Recreational vehicle site, 253-20
Site plan, 280-4
Town garbage bag, 233-1
Recreation facility, commercial,
Site preparation, 236-4
Townhouse, 280-4
280-4
Sloping roof, 280-4
Town officer or employee, 26-2
Recreation, passive, 240-3
Slugs, 215-36
Town of southold, 75-2
Recyclable, mandated, 233-1
Small wind energy system, 277-1,
Town supervisor, 17-20
Recyclable, other, 233-1
280-4
Town waters, 96-27, 219-4,275-2
Recyclable wood, 233-1
Smokeless tobacco, 249-2
Trail, 240-3
Refuse, 174-1, 233-1
Solicitor and/or canvasser, 197-2
Trailer or mobile home, 280-4
Regulated activity, 111-6
Sound,, 275-2
Transfer of development rights,
Regulation equipment, A290-46
Spawner sanctuary, 275-2
117-2
Regulatory floodway, 148-4
Special exception use, 2804
Transfer station, private, 233-1
Relative, 26-2
Special projects coordinator,
Transfer station, Town, 233-1
Removal, 170-3
280-25
Transient retail business, 197-2
Research laboratory, 280-4
Specialty prop -craft, 96-7
Treasurer (county treasurer),
Residential, 275-2
Split -rail fence, 275-2
17-20
Residential cluster, 280-4
Standard subdivision, 240-3
Tropical hardwood, 275-2
Residential dock, 275-2
Start of construction, 148-4
Trustees, 275-2
Residential horticulture, 275-2
Storm sewer or storm drain,
Unit, 253-1
Residential self -haulers, 233-1
215-36
Unlicensed motor -driven vehicle,
Resource buffer area, 275-2
Stormwater, 215-36
264-3
Responsible party, 236-4
Stormwater runoff, 236-4
Unregulated activity, 111-6
Restaurant, 280-4
Story, 2804
Usable open space, 2804
Restaurant, formula food, 280-4
Story, half, 280-4
Use, 2804
Restaurant, take-out, 280-4
Street, 237-23, 280-4
Use, accessory, 280 4
Variance, 484
Restoration, 111-6
Street, arterial, 240-3
Vegetated wetlands, 275-2
Resubdivision, 240-3
Street, collector, 240-3
Vegetation, 111-6
Retail store, 2804
Street line, 280-4
Vehicles, 174-1,193-1
Retaining wall, 275-2,280-4
Street, local, 240-3
Veteran, 245-15
Revetment, 275-2
Street or right-of-way width,
Waler, 275-2
Right-of-way lines, 280-4
240-3
Watercourse, 215-36
Riprap, 275-2
Stripping, 236-4
Water -dependent uses, 275-2
Wetland boundary or boundaries of
Roadside farm stand or agricul-
Structural alteration, 280-4
wetland, 275-2
tural stand, 280-4
Structural components, 275-2
8
06-15-2008