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HomeMy WebLinkAbout2003 Code Supplement - 08/20/2003• • GENERAL CODE PUBLISHERS CORP. INSTRUCTIONS Town of Southold Code Supplement No. 140 The enclosed new and/or replacement pages should be placed in your Code volume 'immediately! 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 Officials Page, 2002 5801 — 5802 10009 —10010 10077 —10090 10090.1 10175=10177 Density and Minimum Lot Size Schedule for Nonresidential Districts Supplemental Index, SI -1— SI -16 INSERT Officials Page, 2003 5801 — 5802 10009— 10010 10077— 10090 10175— 10177 10181 (Density and Minimum Lot Size Schedule for Non- residential Districts) Supplemental Index, SI-1—SI-16 Legislation, by number or date of adoption, included in this supplement: L.L. Nos. 9-2003;'10-2003; 12-2003. 8-20-2003 OFFICIALS OF THE TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road Southold, New York 11971 Telephone: (516) 765-1800 2002 JOSHUA Y. HORTON Supervisor LOUISA P. EVANS Town Justice WILLIAM D. MOORE Councilman THOMAS H. WICKHAM Councilman CRAIG A. RICHTER Councilman JOHN M. ROMANELLI Councilman ELIZABETH A. NEVILLE Town Clerk GREGORY F. YAKABOSIU Town Attorney. PETER W. HARRIS Superintendent of • Highways 3-5-2002 § 58-1 NOTICE OF PUBLIC HEARING § 58-1 Chapter 58 NOTICE OF PUBLIC HEARING • § 58-1. Providing notice of public hearings. [HISTORY: Adopted by the Town Board of the Town of Southold 12-27-1995 as L.L. No. 25-1995. Amendments noted where applicable.] § 58-1. Providing notice of public hearings. Whenever the Code calls for a public hearing, this section shall apply. Upon determining that an application is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon. The board or commission reviewing an application shall provide for the giving of notice: A. By causing a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. By requiring the applicant to erect the sign provided by the town, which shall be prominently displayed on the premises facing each. public or private street which the property involved -in the- application abuts, giving notice of the application, the nature of- the approval sought thereby and the time and- place of the public hearing thereon. The sign shall be set back not more than ten (10) feet from the property line: The sign shall be displayed for a period of not less than seven (7) days immediately preceding the date of the public hearing. The applicant or his/her agent shall file an affidavit that s/he has complied with this provision-. C. By requiring the applicant to send notice to the owners of record of every property which abuts and every property which is across from any public or private street 5801 1-25-96 § 58-1 SOUTHOLD CODE § 58-1 from the property included in the application. Such notice shall be made by certified mail, return receipt requested, posted at least seven (7) days prior to the date of the initial public hearing on the application and addressed to the owners at the addresses listed for them on the local assessment roll. The applicant or agent shall file an affidavit that s/he has complied with this • provision. 5802 1-25-96 ZONING ARTICLE XXVIII Administration and Enforcement § 100-280. Administrative and enforcing officer. § 100-281. (Reserved) § 100-282. Revocation of permit. § 100-283. Stop orders. § 100-284. Certificates of occupancy. § 100-285. Penalties for offenses. § 100-286. Remedies. ARTICLE XXIX Amendments § 100-290. Procedures. § 100-291. Fees. § 100-292. Notice of proposed change of zone classification. ARTICLE XXX Severability § 100-300. Severability. Density and Minimum Lot Size Schedule for Residential Districts . Density and Minimum Lot Size Schedule for Nonresidential Districts Bulk Schedule for Residential Districts Bulk Schedule for Business, Office and Industrial Districts Bulk Schedule AA 10009 12-25-95 § 100-9 SOUTHOLD CODE § 100-10 [HISTORY. Adopted by the Town Board of the Town of Southold 4-9-1957; amended in its. entirety 11-23-1971. 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 11. Other amendments noted where applicable.] • MW 134 'Al ail cqu-000 DQ to) �f Preservation of agricultural lands _ See Ch. 25. Flood damage prevention — See Ch. 46. Junkyards — See Ch. 54. Landmark preservation — See Ch. 56. Open space preservation — See Ch. 59. Soil removal — See Ch. 81. Tourist and trailer camps — See Ch. 88. Wetlands — See Ch. 97. Subdivision of land — See Ch. A106. ARTICLE I General Provisions § 100-9. Title. [Added 2-1-1983 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. 10010 12-25-95 \ V § 100-90 ZONING § 100-91 ARTICLE IX Hamlet Business (HB) District [Added 1-10-1989 by L.L. No. 1-1989111 § 100-90. Purpose. The purpose of the Hamlet Business (HB) District is to • provide for business development in the hamlet central business areas, including retail, office and service uses, public and semipublic uses, as well as hotel and motel and multifamily residential development that will support and enhance the retail development and provide a focus for the hamlet area. § 100-91. Use regulations. In the HB 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. [Amended 5-9-1989 by L.L. No. 6-1989; 5-16-1994 by L.L. No. 9-1994; 2-7-1995 by L.L. No. 3-19951 Permitted uses. The following are permitted uses and, except for those uses permitted under Subsection A(1), A(2) and A(19) hereof, are subject to site plan approval by the Planning Board: (1) Any permitted use set forth in and regulated by § 100-31A(1) and (3) of the Agricultural - Conservation District. (2) Any permitted uses as set forth in and as regulated by § 100-42A(2) of the Hamlet Residential District. • (3) Boardinghouses and tourist homes. (4) Business, professional and governmental offices. (5) Banks and financial institutions. 11 Editor's Note: This local law also repealed former Art. Ix. C-1 General Industrial District, as amended. 10077 3-25-95 § 100791 SOUTHOLD CODE § 100-91 (6) Retail stores. (7) Restaurants, excluding formula food and take-out restaurants. [Amended 5-16-1994 by L.L. No. 9-1994] (8) Bakeshops (for on -premises retail sale). (9) Personal service stores and shops, including • barbershops, beauty parlors, professional studios and travel agencies. (10) Art, antique and auction galleries. (11) Artists' and craftsmen's workshops. (12) Auditoriums or meeting halls. (13) 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. (14) Custom workshops. (15) Bus or train stations. (16) Theaters or cinemas (other than outdoor). (17) Libraries or museums. (18) Laundromats. (19) Bed -and -breakfast uses as set forth in and as regulated by § 100-31B(14). 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: • (1) Any special exception use set forth in and as regulated by § 100-31B(3) to (6) and (13) and (14) of the Agricultural -Conservation District. (2) Multiple dwellings and townhouses. 10078 3-25-95 § 100-91 ZONING § 100-91 (3) Motel and hotel uses as set forth in and regulated by § 100-61B(4) of the Resort Residential (RR) District, except that minimum lot size shall be three (3) acres. [Amended 7-31-1990 by L.L. No. 16-19901 (4) [Amended 12-12-1989 by L.L. No. 23-19891 Apartments may be permitted over retail stores and business, professional and governmental offices, 40 subject to the following requirements: (a) The explicit written approval of the Town Fire Prevention Inspector shall be obtained for the design, location, access and other safety-related elements of every such apartment. No apartment shall be permitted over filling stations, stores retailing flammable or fume - producing goods, restaurants or other businesses with kitchens or other facilities producing intense heat or any other establish- ment which the Fire Prevention Inspector determines to pose a greater -than -average built-in fire risk. (b) The habitable floor area of each apartment shall be at least four hundred fifty (450) square feet, but in no case more than seven hundred fifty (750) square feet. The apartment shall not be located on the first floor of the building, and the apartment shall contain all services for safe and convenient habitation, meeting the New York State Uniform Fire Prevention and Building Code and the Sanitary Code. (c) There shall be no more than three (3) apartments created or maintained in any single • building. (d) Each apartment, or common hallway servicing two (2) or three (3) apartments, shall have a separate access to the outside of the building, which must be distinct from the access to uses on the first floor. 10079 3-25-95 § 100-91 SOUTHOLD CODE § 100-91 (e) Each apartment shall have at least one (1) on- site off-street parking space meeting the standards of this chapter, conveniently located for access to the apartment. (f) Only the owner of the building in which it is proposed to locate the apartment(s) may apply for this special permit. The Board of Appeals shall require that such applicant execute such agreements, contracts, easements, covenants, deed restrictions or other legal instruments running in favor of the town as, upon recom- mendation of the Town Attorney, the Board shall determine to be necessary to ensure that: [1] The apartment, or any proprietary or other interest therein, will not be sold to the tenant or any other party, except as part of a sale of the entire building in which the apartment is located. [2] The apartment is made available for year- round rental. [3] The apartment is properly constructed, maintained and used, and unapproved uses are excluded therefrom. [4] Any other condition deemed reasonable and necessary to ensure the immediate and long-term success of the apartment in helping to meet identified housing needs in the community is complied with. (5) Boarding and/or tourist homes as set forth and regulated by § 100-61B(5) of the Resort Residential • (RR) District. [Amended 2-7-1995 by L.L. No. 3-1995] (6) Fraternal or social institutional offices or meeting halls. (7) Drinking establishments. 10080 3-25-95 § 100-91 ZONING ..; ; § 100-91 (8) Public garages. (9) Funeral homes. (10)1Flea markets. [Added 10-17-1995 by L.L. No. 21-19951 (11) [Added 5-16-1994 by L.L. No. 9.19941 Takeout and formula food restaurants, subject to the following requirements: (a) Adequate parking shall be provided in accordance with that required by Article XIX, Parking and Loading Areas, of this chapter. All parking spaces shall be located within reasonable walking distance of the site or three hundred (300) feet, whichever is less. The improvement or development of municipal parking may be used to satisfy this requirement. The adequacy of municipal parking shall be determined by the Planning Board as part of its site plan review procedure f by conducting a parking survey of the capacity of the existing municipal parking area to accommodate the projected increase in usage due to the introduction of the subject land use. (b) An assessment of the potential traffic impacts of the proposed use must accompany, the long environmental assessment form. The appropriate mitigation measures must be incorporated into the site plan. 1 0 (c) There shall be no counter serving outdoor traffic via a drive-in, drive-through, drive -up, drive-by or walkup window or door. (d) Exterior signage shall conform in all respects to Article XX, Signs, of this chapter and, further, may not be lit from within. 1 Editor's Note: Former Subsection B(10), wineries, amended 8.1-1989 by L.L- No. 15-1989, was repealed 11-26-1994 by L.L. No. 26-1994. 10081 11-25-95 § 100-91 SOUTHOLD CODE § 100-92 (e) Advertisements, including trademark logos, may not be affixed, painted or glued onto the windows of the business or onto any exterior structures, including waste disposal receptacles and flags. (f) The physical design, including color and use of materials, of the establishment shall be compatible with and sensitive to the visual and physical characteristics of other buildings, public spaces and uses in the particular location. C. [Amended 5-9-1989 by L.L. No. 6-19891 Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are subject to Article XX; are subject to site plan review: (1) Accessory uses as set forth in and regulated by § 100-31C(1) through (7) of the Agricultural - Conservation District, and subject to the conditions set forth in § 100-33 thereof.' § 100-92. 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 HB District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full.' 2 Editor's Note: Former Subsection C(2) and (3), which regulated signs, were repealed 11-29-1994 by L.L. No. 25-1994. For current sign provisions, see Art. X& Signs.. 3 Editors Note: The Bulk Schedule is included at the end of this chapter, and the Parking and Loading Schedules are in §§ 100.191 and 100-192. 10082 11-25-95 § 100-93 § 100-93. (Reserved) ZONING, ARTICLE X General Business (B) District [Added 1-10-1989 by L.L. No. -1-19891] § 100-100. Purpose. § 100-101 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. § 100-101. Use regulations. 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. [Amended 5-9-1989 by L.L. No. 6-19891 Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) hereof, are subject to site plan approval by the Planning Board: (1) Any permitted use set forth in and regulated by § 100-31A(2) and (3) of the Agricultural - Conservation District. (2) Any permitted use set forth in and regulated, by § 100-91A(3) to (19) of the Hamlet Business District. [Amended 24-1995 by L.L. No. 3-19951 1 Editor's Note: Editor's Note: This local law also repealed former Art. x, Tourist Camps, Camp Cottages and Trailers. r - 1 10083 12-20-2002 § 100-101 SOUTHOLD CODE § 100-101 (3) Wholesale businesses, private warehousing and public warehousing, and building material storage and sale, but excluding storage of coal, coke, fuel oil or junk. [Amended 11-19-2002 by L.L. No. 7-2002] (4) Building, electrical and plumbing contractors' businesses or yards. (5) Cold storage plants, baking and other food processing and packaging plants that are not offensive, obnoxious or detrimental to neighboring uses by reason of dust, smoke, vibration, noise, odor or effluent. (6) Wholesale or retail sale and accessory storage and display of garden materials, supplies and plants, including nursery operations, provided that the outdoor storage or display of plants and materials does not obstruct pedestrian flow or vehicular traffic and does not occur within three feet of the property line. (7) Wholesale/retail beverage distribution. (8) Funeral homes. (9) Train or bus stations. (10) Telephone exchanges. (11) [Added 11-29-1994 by L.L. No. 26-19941 Wineries which meet the following standards: (a) It shall be a farm winery licensed under New York State law from which wine made from primarily Long Island grapes is produced and sold. 9 (b) It shall obtain site plan approval. 10084 12-20-2002 .7 • § 100-101 ZONING § 100-101 (c) It shall have retail sales on site. 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 (Cont'd on page 10085) 10084.1 3-25-95 § 100-101 ZONING § 100-101 provided,, subject to site plan approval by the Planning Board: (1) Any special exception use as set forth in and regulated by § 100-31B(2) to (12), except wineries are not required to be in connection with a vineyard. [Amended 8-1-1989 by L.L. No. 15-1989] (2) Hotel or motel uses as set forth in and regulated by § 100-61B(4) of the Resort Residential (RR) District, except that the minimum lot size shall be three (3) acres. [Amended 8-13-1991 by L.L. No. 19-19911 (3) Bed -and -breakfast enterprises or boarding and/or tourist homes as set forth in and regulated by § 100-31B(14) of the Agricultural -Conservation District, except that no site plan approval is required. (4) Tourist camps as regulated by Chapter 88, Tourist and Trailer Camps, of the Town Code. (5) Research, design or development laboratories, provided that any manufacturing shall be limited to prototypes and products for testing. (6) Fully enclosed commercial recreation facilities, including but not limited to tennis clubs, skating rinks, paddle tennis, handbal and squash facilities, dance halls, billiard parlors, bowling alleys, health spas -and clubs and uses normally accessory and incidental to commercial recreation, such as locker rooms, eating and drinking facilities and retail sale of goods associated with the particular activity. (7) Laundry or dry-cleaning plants, subject to the following conditions: (a) All processes and storage shall becarried on within an enclosed building. (b) All fluids used in processing shall be recycled, and the overall facility shall be designed-, 10085 1-25-95 § 100-101 SOUTHOLD CODE. § 100-101 located and operated to protect surface waters and the groundwater reservoir from pollution. (8) Fraternal or social institutional offices or meeting halls (nonprofit).- (9) nonprofit).(9) Take-out restaurants, provided that eating on the premises of the take-out restaurant shall be permitted only inside the structure or in areas specifically designated and properly maintained outside of the structure and where the minimum lot size for a freestanding structure is forty thousand (40,000) square feet. [Amended 5-16-1994 by L.L. No. 9-19941 (10) Drinking establishments. (11) Automobile laundries. (12) Public garages, gasoline service stations, new and used motor vehicle lots, vehicle sales and rental, including the sale of recreation vehicles and trailers and boat sales, with accessory repair facilities, all subject to the following requirements: (a) Entrance and e3dt 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) Sale of used vehicles or boats shall be conducted only as accessory to the sale of new vehicles or boats. (c) Vehicle lifts or pits, dismantled automobiles, boats and vehicles and all parts or supplies shall be located within a building. (d) All service or repair of motor vehicles, other than such minor servicing as change of tires or 10086 1-25-95 § 100-101 ZONING § 100-101 sale of gasoline or oil, shall be conducted in a building. (e) 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. (f) No gasoline or fuel pumps or tanks shall be located less than fifteen (15) feet from any street or property line. (g)7 No gasoline service or repair shops or similar businesses are to be located within three hundred (300) feet of a church, public school, library, hospital, orphanage or rest home. (13) Partial self-service gasoline service stations, subject to all of the provisions of § 100-101B(12) herein 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 7 Editor's Note: Former Subsection B(12)(g), dealing with restrictions on outdoor area lighting, was repealed 12-27-1994 by L.L. No. 30.1994. This local law also provided for the renumbering of former Subsection B(12)(h) as B(12)(g). 10087 2-25-95 § 100-101 SOUTHOLD CODE § 100-101 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 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 powder 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. (14) Private transportation service, including garage and maintenance facilities. (15) One -family detached dwellings, not to exceed one (1) dwelling on each lot. [Added 7-13-1993 by L.L. No. 11-1993] (Cont'd on page 10089) 10088 2-25-95 § 100-101 ZONING § 100-101 (16) [Added - 5-164994 by Z.L.. No. 9-19941 Formula food restaurants located within a shopping center in this zone, subject to the following requirements: (a) There must be sufficient parking as provided for by the Article XIX, Parking and Loading Areas, of this chapter, and such parking area shall be available within the shopping center site to accommodate the use. (b) The operation of the establishment shall not create traffic problems. (c) There shall be no counter serving outdoor traffic via a drive-in, drive-through, drive -up, drive-by or a walkup window or door. (d) Exterior signage shall conform in all respects to Article XX, Signs, of this chapter and, further, may not be lit from within. (e) Advertisements, including trademark logos, - - may not be affixed, painted or glued onto the windows of the business or onto any exterior structure, including waste disposal receptacles and flags. (f) The signage must conform to the existing color theme and signage style of the shopping center. (g) The existing exterior architectural style of the shopping center building may not be altered or modified in any way to accommodate the proposed use. (h) The use must be located within the shopping center's main .primary building complex and may not be located within a single freestanding structure within the shopping center site. (17) Flea markets. [Added 10-17.1995 by L.L. No. 21-1995] 10089 11-25-95 § 100-101 SOUTHOLD CODE § 100-103 C. [Amended 5=94989 by . L.L. No. 6-19891 Accessory uses. The following uses =are permitted as accessory uses and, -except for residential- accessory uses and signs, which are governed by Article XX, are subject to site plan review: (1) Accessory uses set forth in and as regulated by § 100-31C(1) through (8) and (10) of the - Agricultural -Conservation District, subject to the conditions set forth in § 100-33 thereof. [Amended 11-29-1994 by L.L. No. 26-19941 (2)4 Open storage of materials or equipment, provided that such storage shall be at least twenty-five (25) feet from any lot line, not be more than six (6) feet high and be suitably screened by a solid fence or other suitable means of at least six (6) feet in height. § 100-102. 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 District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full.5 § 100-103. Front yard setbacks. [Added 8-22-1995 by L.L. No. 18-19951 A. Structures shall be set back at least one hundred (100) feet from the right-of-way. , 4 Editor's Note: Former Subsections C(2) and (3), which regulated signs, were repealed 11-29-1994 by L.L. No. 25.1994, which local law also renumbered former Subsection C(4) as Subsection C(2). For current sign -provisions, see Art. XX, Signs. 5 Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking and Loading Schedules are in H 100.191 and 100-192. 10090 11-25-95 0 § 100-103. ZONING § 100-110 B. There shall be an exception to Subsection A if the adjacent parcels are developed, in which case the minimum front yard setback shall be the average of the setbacks of the adjacent parcels. C. A project shall be divided into separate structures so that no single structure shall have more than sixty (60) linear feet of frontage on one (1) street. The setbacks of multiple structures on a parcel may vary, provided that the average setback of the structures meets the setback required above and all buildings are at least severity -five (75) feet from the right-of-way. ARTICLE XI Marine I (MI) District [Added 1-10-1989 by LL. No. 1-198961 § 100-110. Purpose. The purpose of the Marine I (MI) District is to provide a waterfront location for a limited range of water -dependent and (Cont'd on page 10091) Editor's Note: This local law also repealed former Art. x1, General Regulations, as amended. 10090.1 11-.25-95 § 100-290 ZONING § 100-292 ARTICLE XXIX Amendments [Amended 5-30-75 by L.L. No. 3-1975; 11-15-83 by L.L. No. 13-1983; 1-8-85 by L.L. No. 1-1985; 1-10-89 by L.L. No. 1-1989] § 100-290. 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 Board to prepare an official report defining the conditions described in a petition and to determine the area so affected, with its recommendations. § 100-291. Fees. [Amended 11-13-1990 by L.L. No. 26-1990] Every petition for a change or amendment to this chapter or the Zoning Map shall be filed with the Town Clerk and shall be accompanied by a fee of one thousand dollars ($1,000.). The fee for a petition for a change of zone to the Affordable Housing District is set forth in § 100-55B(5xg). § 100-292. Notice of proposed change of zone classification. • 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 10175 12-25-90 § 100-292 SOUTHOLD CODE § 100-292 adjacent thereto. In the event that any petitioner owns or has any interest in any property immediately adjacent to the property proposed to be changed in zoning district classifica- tion, 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 information: (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. (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. 10116 12-25-90 § 100-292 ZONING § 100-300 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. - D. In -addition to the above notice requirement, prior to holding a public hearing on the rezoning, notice shall be provided pursuant to Chapter 58. [Added 12-27-1995 by L.L. No. 25-19951 ARTICLE XXX Severability [Added 1-10-1989 by L.L No. 1-19891 § 100-300. Severability. Should any section or provision of this chapter be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. 10177 1-25-96 1, \ • 0, Town of Southold Density and Minimum Lot Size Schedule for Nonresidential Districts' [Added 1-10-89 by L.L. No. 1-19891 LIO LB HB B Light Industrial LI Limited Hamlet General M -I M -II Park/Planned light District Business Business Business Marine I Marine II Office Park Industrial MINIMUM IAT SIZE. (square feet): Business, office, industrial or other nonresidential use Use with or without utilities 80,000 20,000 30,000 40,000 80.000 120,000 40,000 1 -family detached dwelling Residential unit without utilities 8b,000 (iii) 20,000 (vii) NA 40,000 40,000 (vii) NA NA Residential unit with community water NA 20,000 (vii) NA 20,000 20,000 (vii) NA NA Residential unit with community water and sewer NA 10,000 (xi) NA _ 10,000 10,000 (xi) NA NA 2 -family detached dwelling 2 -family dwelling without utilities 160,000 40,000 (ii) NA NA NA NA NA (xii) 2 -family dwelling with community water NA 40,000 (ii) NA NA NA NA NA 2 -family dwelling with community water and sewer NA 20,000 (vii) NA NA NA NA NA Multiple dwelling unit or townhouse' Multiple dwelling or townhouse without utilities NA 20,000 NA NA NA NA NA Multiple dwelling or townhouse with community water NA 20,000 NA NA NA NA NA Multiple dwelling or townhouse with community water and sewer NA 10,000 NA NA NA NA NA Motel, hotel or conference center guest unite Guest unit without utilities NA 6,000 6,000 NA 6,000 6,000 6,000 Guest unit with community water NA 6,000 6,000 NA 6,000 6,000 6,000 Guest unit with community water and sewer NA 4,000 4,000 NA 4,0003 6,000 4,000 KEY: NA = Not applicable. NOTES: Roman numerals refer to the applicable column in the Residential Bulk Schedule. s For multiple dwelling, hotel, motel and/or conference uses (where permitted), this table refers to minimum lot size per unit. Refer to the Residential Bulk Schedule for total lot size, yard and setback dimensions for the applicable district, unless more -restrictive requirements are indicated in the text of the chapter. 3 [Amended 8-1-89 by LL. No. 14-19891 9-25-91 • SOUTHOLD SUPPLEMENTAL INDEX DEFINITIONS NOTE: For the convenience of the Code user, all terms defined in this Code are included in the Index under the heading "Definitions." —A— ABANDONMENT Signs, 100-207 ACCESSORY BUILDINGS Fees, 45-8 Uniform Fire Prevention and Building Code, 45-8 ACCESSORY USES Farm stands, 47-3 ADDRESS NUMBERING, see STREET NUMBERING: AD- DRESSES ADMINISTRATOR Coastal erosion hazard area, 37-42 Powers and duties, 37-42 ADOPTION OF LOCAL LAWS Rezonings, 14-6 ADVERTISING OF TOBACCO, see TOBACCO ADVERTISING AFFORDABLE HOUSING (AHD) DISTRICT Penalties for offenses, 100-59 Zoning, 100-50 —100-59 AGRICULTURAI.- CONSERVATION (A -C) DIS- TRICT Area, yard and bulk regulations, 100-32 Parking, 100-32 AGRICULTURAL LAND PRES- ERVATION Land Preservation Committee, 25-50 AIRPORT REGULATIONS Wireless communication facilities, 100-166 ALARM SYSTEMS Bed -and -breakfast, 100-31 False alarms, 24-5, 24-6 Fees, 24-6 Penalties for offenses, 24-8 Permits, 24-3,24-4 ANCHORING Fishers Island Harbor management, 33-6 Flood damage prevention, 46-I6 ANTENNAS Wireless communication facilities, 100-165 APPEALS Coastal erosion hazard area, 37-35, 37-36 Flood damage prevention, 46-22 Two -percent real estate transfer tax, 6-145 APPOINTMENTS Architectural Review Committee, 100-258 Ethics Board, 10-19 Fishers Island Harbor Committee, 33-3 Land Preservation Committee, 25-50, 59-50 Transportation Commission, 22-4 ARCHITECTURAL REVIEW Architectural Review Committee, 100-258 Site plan approval, 100-257, 100-258 ARCHITECTURAL REVIEW COMMITTEE Appointments, 100-258 Architectural review, 100-258 Membership, 100-258 Qualifications, 100-258 Residency requirements, 100-258 Salaries and compensation, 100-258 Terms of office, 100-258 AREA, YARD AND BULH REGU- LATIONS Agricultural -Conservation (A -C) Dis- trict, 100-32 Farm stands, 47-3 General Business (B) District, 100-103 Light Industrial (LI) District, 100-143 Light Industrial Park/Planned Office Park (LIO) District, 100-133 Limited Business (LB) District, 100-83 Wireless communication facilities, 100-165 SI -1 rtM_2WZtrya SOUTHOLD SUPPLEMENTAL INDEX —B— BAZAARS, see PUBLIC ENTER- TAINMENT AND SPECIAL EVENTS BED -AND -BREAKFAST Alarm systems, 100-31 Fees, 100-281 Signs, 100-31 ' Zoning, 100-31,100-281 BERMS Height regulations, 100-231 BOARD OF APPEALS Notice of public hearing, 100-275 BOATS Fishers Island Harbor management, 33-12 Mooring, 32-39.3 BOATS, DOCKS AND WHARVES Bathing and swimming, 32-38.1 Mooring, 32-39.4 Notices, 32-39.4 Permits, 32-39.3, 32-39.4 Ramps, 32-32.1 Regulation of personal watercraft and specialty prop -craft, 32-36.3 Scuba diving, 32-38.2 Spear fishing, 32-38.3 BONDS Coastal erosion hazard area, 37-41 BUILDING INSPECTOR Flood damage prevention, 46-11, 46-14 Powers and duties, 46-14 BUILDING PERMITS Site plan approval, 100-252 BUILDINGS, DEMOLITION OF Fees, 45-8 Uniform Fre Prevention and Building Code, 45-8 BURNING, OUTDOOR Exclusions, 36-4 Penalties for offenses, 36-5 Supervision of fires, 36-3 BUS STOPS Parking, 92-49.3 — C_ CANVASSERS, see PEDDLERS, SOLICITORS AND TRAN- SIENT RETAIL MERCHANTS CERTIFICATE OF COMPLI- ANCE Flood damage prevention, 46-14 CERTIFICATE OF INSURANCE Filming, 44A-3 CERTIFICATE OF OCCUPANCY Site plan approval, 100-252 CHILD-CARE CENTER Tobacco advertising, 86-3 CIRCUSES, see PUBLIC ENTER- TAINMENT AND SPECIAL EVENTS COASTAL EROSION HAZARD AREA Administration and enforcement, 37-40— 37-49 Administrator, 37-42 Amendments, 37-50,37-51 Appeals, 37-35, 37-36 Applicability, 37-20 Beach area, 37-15 Bluff area, 37-17 Bonds, 37-41 Certification, 37-51 Coastal Erosion Hazard Board of Re- view, 37-34 Conflicts, 37-44 Definitions, 37-6 Dune area, 37-16 Emergency activity, 37-20-37-29 Enactment, 37-1 Environmental review, 37-46 Erosion protection structures, 37-18 Establishment, 37-10 Fees, 37-32, 37-40 Findings, 37-5 General provisions, 37-1— 37-9 Interpretation, 37-43 Near shore area, 37-14 Notices, 37-21, 37-22 Penalties for offenses, 37-47 Permits, 37-11, 37-12, 37-40 Procedure, 37-50 Purpose, 37-4 Regulations, 37-10-37-19 Structural hazard area, 37-13 Title, 37-2 SI -2 6-5-2002 • • is SOUTHOLD SUPPLEMENTAL INDEX Traffic control, 37-19 Variances, 37-30 — 37-39 COASTAL EROSION HAZARD BOARD OF REVIEW Coastal erosion hazard area, 37-34 COLLAPSED BUILDINGS, see UNSAFE BUILDINGS COMMERCIAL DISTRICTS Wireless communication facilities, 100-162,100-166 COMMUNICABLE/INFECTIOUS DISEASES Definitions, A107-43.1 Line -of -duty exposures, A107-43.1 Notices, A107-43.1 Police Department rules and regula- tions, A107-43.1 Policy, A107-43.1 Procedures, A107-43.1 Purpose, A107-43.1 Records, A107-43.1 Supplies, A107-43.1 COMMUNICATION FACILITIES, see WIRELESS COMMUNICA- TION FACILITIES COMMUNITY PRESERVATION FUND Acquisition of interests in property, 6-28 Alienation of land acquired using fund moneys, 6-36 Community Preservation Project Plan, 6-45-6-55 Definitions, 6-16 Findings, 6-7 Fund established, 6-20 Hearings, 6-28 Management of lands acquired pursuant to chapter, 6-32 Purposes of fund, 6-24 Two -percent real estate transfer tax, 6-70-6-175 COMMUNITY PRESERVATION FUND ADVISORY BOARD Community Preservation Project Fund, 6-60-6-65 Established, 6-60 COMMUNITY PRESERVATION PROJECT FUND Community Preservation Fund Advi- sory Board, 6-60 — 6-65 COMMUNITY PRESERVATION PROJECT PLAN Community Preservation Fund, 6-45 — 6-55 Community preservation project plan adopted, 6-50 CONFIDENTIALITY Two -percent real estate transfer tax, 6-160 CONFLICT OF INTEREST Ethics, Code of, 10-4, 10-7 COSTS AND EXPENSES Two -percent real estate transfer tax, 6-135 CURBS Highway specifications, Al 08-42 0IZ DEDICATION OF ROADS Highway specifications, A108-50 DEFINITIONS Administrator, 37-6 Advisory Board, 6-16 Agricultural debris, 48-1 Apartment, 100-13 Apartment house, 100-13 Appear, 10-2 Appear before, 10-2 Archives, 72-3 Auto repair shops, 100-13 Beach, 37-6 Bluff, 37-6 Body fluids, A107-43.1 Bowriding, 32-31 Breezeway, 100-13 Bulkhead, 100-13 Business, 10-2 Cans, 48-1 Canvassers, 69-1 Certificate of compliance, 100-13 Certificate of determination, 100-13 Channel system, 32-31 Child-care, 100-13 Child-care center, 86-2 Cigarette, 86-2 Cigarette tobacco, 86-2 Client, 10-2 Club, membership or country or golf, 100-13 Coastal Erosion Hazard Area Map, 37-6 SI -3 6-5-2002 SOUTHOLD SUPPLEMENTAL INDEX Coastal waters, 37-6 Coastline, 37-6 Commercial vehicles, 48-1 Commission, 22-3 Common ownership, 100-25 Communicable disease, A107-43.1 Community preservation, 6-16 Community Preservation Project Plan, 6-16 Complainant, A107-35.1 Consideration, 6-75 Construction and demolition (C & D) debris, 48-1 Continuing care facility, 100-13 Controlling interest, 6-75 Conveyance, 6-75 Corrugated cardboard, 48-1 - Crawl space, 46-4 Crops, livestock and livestock products, 100-221 Customer, 10-2 Debris line, 37-6 Decks, 100-13 Designated landmark, 56-3 Dune, 37-6 Dwelling, 86-2 Eels, 77-201 Erosion, 37-6 Erosion hazard area, 37-6 Erosion protection structure, 37-6 Existing manufactured home park or subdivision, 46-4 Existing structure, 37-6 Expansion to an existing manufactured home park or subdivision, 46-4 Family/household, A107-35.1 Family offense, A107-35.1 Farm stands, 100-13 Federal Emergency Management Agency, 46-4 Financial benefit, 10-2 Flood Boundary and Floodway Map, 46-4 Flood elevation study, 46-4 Floodplain, 46-4 Flood -prone area, 46-4 Food catering facility, 100-13 Food processing facility, 100-13 Fraternal organization, 100-13 Front, 84-2 Frontage, 84-2 Fund, 6-16,6-75 Gift, 10-2 Glass, 48-1 Golf course, standard regulation, 100-13 Grading, 37-6 Grantee, 6-75 Grantor, 6-75 Habitable floor area, 100-13 Health care facilities, 100-13 Historical society, 100-13 Historic District, 56-3 Historic significance, 22-3 Historic structure, 46-4 Home business office, 100-13 Home professional office, ]00-13 Illegal dumping, 48-2 Interest in real property, 6-75 Life care community, 100-13 Light industrial uses, 100-13 Living area, 100-13 Local administrator, 46-4 Major addition, 37-6 Map, 84-2 Mean low water, 37-6 Movable structure, 37-6 Multiple dwelling, 86-2 Multiple dwelling unit, 86-2 Natural protective feature, 37-6 Natural protective feature area, 37-6 Nearshore area, 37-6 New manufactured home park or sub- division, 46-4 Newspaper, 48-1 Nonrecyclable waste, 48-2 Normal maintenance, 37-6 Off -premises sign, 100-13 Order of protection, A107-35.1 Outside employer, 10-2 Owner; 84-2 Park, 86-2 Patio, 100-13 Peddler, 69-1 Person, 6-75, 10-2, 37-6, 69-1, 86-2 Personal watercraft, 32-31 Plastics, 48-1 Primary dune, 37-6 Primary frontal dune, 46-4 Private dwelling, 86-2 Private warehousing, 100-13 Probable cause, A107-35.1 Public warehousing, 100-13 Real property, 6-75 Receding edge, 37-6 Recession rate, 37-6 SI -4 6-5-2002 • • SOUTHOLD SUPPLEMENTAL INDEX Recording Officer, 6-75 Records, 72-3 Records center; 72-3 Records disposition, 72-3 Records management, 72-3 Recreational facilities, 100-13 Recreational vehicles, 46-4 Recyclable, mandated, 48-1 Recyclable, other, 48-1 Recyclable wood, 48-1 Regulated activity, 37-6 Relative, 10-2 Restaurant, formula food, 100-]3 Restaurant, take-out, 100-13 Restoration, 37-6 Retaining wall, 100-13 Rural significance, 22-3 Salvage center, 74-1 Scalp net, 77-201 Scenic significance, 22-3 School, 86-2 Secondary dune, 37-6 Servicing, 72-3 Shopping centers, 100-13 Significant fish and wildlife habitat, 37-6 Smokeless tobacco, 86-2 Solicitors, 69-1 Specialty prop -craft, 32-31 Street, 84-2 Structural hazard area, 37-6 Structure, 37-6, 100-13 Style of architecture, 56-3 Subordinate of a town officer or em- ployee, 10-2 Substantial damage, 46-4 Telecommunication tower, 100-13 Tobacco, 86-2 Tobacco product, 86-2 Tobacco product advertisement, 86-2 Toe, 37-6 Town, 6-75 Town garbage bag, 48-2 Town officer or employee, 10-2 Town Supervisor, 6-75 Transfer station, 48-1 Transient retail business, 69-1 Treasurer (County Treasurer), 6-75 Unregulated activity, 37-6 Utilities, 100-51 Vegetation, 37-6 Wetland boundary or boundaries of wetland, 97-13 Wireless communication facility, 100-13 Wireless communications, 100-13 DESIGN STANDARDS Wireless communication facilities, 100-165 DISABLED PERSONS WITH LIMITED INCOME, TAX EX- EMPTION FOR Taxation, 85-9 DISCLOSURE OF INTEREST Ethics, Code of, 10-11, 10-16 —10-18.1 DRAINAGE Highway specifications, A]08-27, Al 08-29 — A] 08-33, A]08-36 Site plan approval, 100-252 DRIVEWAYS Highway specifications, A10840 DUST Farmland Bill of Rights, 100-222 Peddlers, solicitors and transient retail merchants, 69-10 —E— Coastal erosion hazard area, 37-20 — 37-29 EMERGENCY VEHICLES Motor -driven vehicles, 60-5 ETHICS BOARD Appointments, 10-19 Establishment, 10-19 Ethics, Code of, 10-19 —10-23 Inspections, 10-23 Investigations, 10-21 Membership, 10-19 Powers and duties, 10-20 Qualifications, 10-19. Records, 10-23 Removal, 10-19 Review of lists and disclosure state- ments, 10-22 Terms of office, 10-19 ETHICS, CODE OF Appearances, 10-10 Confidential information, 10-11 Conflict of interest, 10-4, 10-7 Debarment, 10-26 Definitions, 10-2 SI -5 6-5-2002 SOUTHOLD SUPPLEMENTAL INDEX Disclosure of interest, 10-11, 10-16- 10-18.1 Ethics Board, 10-19 —10-23 Exclusion from Code of Ethics, 10-15 General prohibition, 10-5 Gifts, 10-8 Goal, 10-3 Inducement of others and bribery, 10-14 Legislative intent, 10-1 Officers and employees, 10-1 —10-26 Penalties for offenses, 10-24 Political solicitation, 10-12 Recusal, 10-6,10-7 Representation, 10-9 Revolving door, 10-13 Voidable contracts, 10-25 . EXCAVATIONS Highway specifications, A108-18 — F— FAIRS, see PUBLIC ENTERTAIN- MENT AND SPECIAL EVENTS FALSE ALARMS Alarm systems, 24-5, 24-6 FARM BUILDINGS Fees, 45-8 Uniform Fre Prevention and Building Code, 45-8 FARMLAND BILL OF RIGHTS Definitions, 100-221 Dust, 100-222 Enforcement, 100-225 Noise, 100-222 Notice by brokers and agents, right to, 100-224 Notice provided by town agencies, right to, 100-223 Nuisances, 100-222 Odors, 100-222 Penalties for offenses, 100-225 Protected farm practices, right to un- dertake, 100-222 Right to farm, 100-220 Smoke, 100-222 Vibrations, 100-222 Zoning, 100-220 —100-226 FARM STANDS Accessory uses, 47-3 Area, yard and bulk regulations, 47-3 Fees, 47-4 Greenhouse, 47-3 Nonconforming uses, 47-5 Parking, 47-3 Penalties for offenses, 47-6 Permi ts, 47-2 — 47-4 Setbacks, 47-3 Topsoil protection, 47-3 FEES Accessory buildings, 45-8 Alarm systems, 24-6 Bed -and -breakfast, 100-281 Buildings, demolition of, 45-8 Coastal erosion hazard area, 37-32, 37-40 Farm buildings, 45-8 Farm stands, 47-4 Filming, 44A-3 — 44A -6,44A-13 Fishers Island Harbor management, 33-6,33-8,33-12 Flood damage prevention, 46-12 Garbage, rubbish and refuse, 48-2 Hotels and motels, 45-8 Night fishing parking permit, 92-42 Peddlers, solicitors and transient retail merchants, 69-4, 69-9 Public entertainment, 100-274 Public entertainment and special events, 71-1 Salvaging centers, 74-3 Signs, 45-8 Single-family dwellings, 45-8 Site plan approval, 100-256 Special events, 100-274 Swimming pools, 45-8 Uniform Fre Prevention and Building Code, 45-8 FENCES Highway specifications, A108-42 Wireless communication facilities, 100-165 FILMING Applications, 44A-3 Certificate of insurance, 44A-3 Cleanup deposit, 44A-5 Compliance with other laws, 44A-10 Exemption, 44A-2 Fees, 44A-3 — 44A-6, 44A-13 Insurance, 44A-11 Liability, 44A -3,44A-1 I No alterations to town property, 44A-9 No donations accepted, 44A-7 SI -6 6-5-2002 i • • SOUTHOLD SUPPLEMENTAL INDEX Notices, 44A-4, 44A-5 Notices to other official, 44A-8 Penalties for offenses, "AA4 Permits, 44A -2,44A -3,44A-12, 44A-13 Superintendent of Highways, 44A-5 Traffic control, 44A-4 FIRE PREVENTION AND BUILDING CONSTRUCTION Exceptions, 45-8 FIRE ZONES Parking, 92-49.2 FISHERS ISLAND Parking at beaches, 65-3.1 Permits, 65-3.1 FISHERS ISLAND HARBOR COMMITTEE Appointrnents, 33-3 Fishers Island Harbor management, 33-3 Meetings, 33-3 Notices, 33-3 Powers and duties, 33-3 Terms of office, 33-3 FISHERS ISLAND HARBOR MANAGEMENT Abode, use of vessel as, 33-7 Anchoring, 33-6 Applicability, 33-1 Boats, unnavigable, 33-12 Fees, 33-6, 33-8,33-12 Fishers Island Harbor Committee, 33-3 Garbage, rubbish and refuse, 33-11 Hazards to navigation, 33-12 Height regulations, 33-6 Inspections, 33-8 Liability, 33-12 Liens, 33-8,33-12 Mooring, 33-6 Mooring buoys, 33-6 Mooring maintenance, 33-8 Mooring permits, 33-6 Notices, 33-12 Penalties for offenses, 33-14 Permits, 33-6 Rafting, 33-10 Sale of unnavigable boats, 33-12 Sewage, 33-11 Speed limits, 33-4 Traffic control authority, 33-2 Use of private moorings by guests, 33-9 Wake regulations, 33-4 Waterskiing, 33-5 FLOOD DAMAGE PREVENTION Anchoring, 46-16 Appeals, 46-22 Building Inspector, 46-11,46-14 Certificate of compliance, 46-14 Construction materials and methods, 46-16 Encroachments, 46-15 Fees, 46-12 General floodproofing standards, 46-15 Manufactured homes, 46-15, 46-21 New construction, 46-15, 46-16 Nonresidential structures (coastal high - hazard areas), 46-20 Nonresidential structures (except coastal high -hazard areas), 46-19 Penalties for offenses, 46-9 Permits, 46-12,46-13 Recreational vehicles, 46-21 Residential structures (coastal high - hazard areas), 46-18 Residential structures (except coastal high -hazard areas), 46-17 Standards for all structures, 46-16 Stop -work orders, 46-14 Subdivision proposals, 46-15 Utilities, 46-16 Variances, 46-23 Warning and disclaimer of liability, 46-10 Zoning Board of Appeals, 46-22 Ewen GARBAGE, RUBBISH AND RE- FUSE Fees, 48-2 Fishers Island Harbor management, 33-11 Nonrecyclable waste, 48-2,48-3 Town garbage bag, 48-2 Town Transfer Station, 48-3 GENERAL BUSINESS (B) DIS- TRICT Area, yard and bulk regulations, 100-103 Setbacks, 100-103 Zoning, I00-100 —100-103 GREENHOUSE Farm stands, 47-3 SI -7 6-5-2002 SOUTHOLD SUPPLEMENTAL INDEX GUARANTIES Site plan approval, 100-254 _H_ HANDICAPPED PARKING Parking, 92-48 Permits, 92-48 HEALTH CARE FACILITIES Zoning, 100-31 HEARINGS Community Preservation Fund, 6-28 Peddlers, solicitors and transient retail merchants, 69-11 Site plan approval, 100-254 Two -percent real estate transfer tax, 6-145 Zoning, 100-26 See also NOTICE OF PUBLIC HEAR- ING HEIGHT REGULATIONS Berms, 100-231 Fishers Island Harbor management, 33-6 Wireless communication facilities, 100-162 HIGHWAY SPECIFICATIONS Alterations or modifications to specifi- cations, A108-48 As -constructed survey, A108-46 Asphalt binder course, A108-22 Asphalt pavement cores, A108-26 Asphalt wearing course, A108-23 Base course for asphalt pavement, A108-21 Base course for Stone Blend Road, A108-19 Bituminous surface treatment double application, A108-24 Catch basins, A108-34 Clearing and grubbing, Al 08-16 Concrete curbs, A] 08-38 Concrete cylinders, A108-41 Concrete footings, slabs and headwalls, A108-37 Concrete sidewalks and driveway en- trances, A]08-40 Construction specifications, AI08-15,, A108-15.1 Dead-end streets, A] 08-11 Drainage design criteria, Al 08-27 Drainage pipe criteria, A108-36 Excavation and embankment, A108-18 Fences and curbs at recharge basins, A 108-42 Final dedication of roads, Al 08-50 Granite curbs, A108-39 Inspections, A108-49 Landscaping of recharge basins, A 108-43 Leaching basins, A] 08-28 Manholes, A]08-35 Modifications to existing private roads, A108-25 Recharge basins Type A and drainage areas, A108-29 Recharge basins Type B and drainage areas, A168-30 Recharge basins Type C and drainage, A108-31 Screening, A]08-43 Seeding, A108-44 Stone blend wearing course, Al 08-20 Storm drains, A]08-33 Stormwater drainage systems, A108-32 Streetlighting, A]08-47 Street signs, A108-12 Street trees, A108-45 Stripping and stockpiling soil, A109-17 Topsoil, A108-43 Trees, A]08-43 HISTORIC BUILDINGS AND DISTRICTS Wireless communication facilities, 100-164 HOME PROFESSIONAL OFFICE Noise, 100-31 Setbacks, 100-31 Signs, 100-31 Storage, 100-31 Zoning, 100-31 HOTELS AND MOTELS Fees, 45-8 Uniform Fire Prevention and Building Code, 45-8 —I— INDUSTRIAL DISTRICTS Wireless communication facilities, 100 -162 - SI -8 6-5-2002 0 • SOUTHOLD SUPPLEMENTAL INDEX INSPECTIONS Ethics Board, 10-23 Fishers Island Harbor management, 33-8 Highway specifications, A108-49 Two -percent real estate transfer tax, 6-160 INSURANCE Filming, 44A-1 I INVESTIGATIONS Ethics Board, 10-21 Peddlers, solicitors and transient retail merchants, 69-7 — L— LAND CLEARING Site plan approval, 100-259 LAND PRESERVATION COM- MY17ME Agricultural land preservation, 25-50 Appointments, 25-50,59-50 Membership, 25-50, 59-50 Open space preservation, 59-50 Powers and duties, 25-50,59-50 Terms of office, 25-50,59-50 LANDSCAPING Highway specifications, A108-43 Site plan approval, 100-252 Wireless communication facilities, 100-166 LIABILITY Filming, 44A -3,44A-1 I Fishers Island Harbor management, 33-12 Flood damage prevention, 46-10 Recording Officer, 6-120 Two -percent real estate transfer tax, 6-90,6-120,6-130,6-145 LICENSES Peddlers, solicitors and transient retail merchants, 69-1 — 69-13 Shellfish, 77-202 LIENS Fishers Island Harbor management, 33-8,33-12 Two -percent real estate transfer tax, 6-150 LIFE CARE COMMUNITY Zoning, 100-31 LIGHT INDUSTRIAL (LI) DIS- TRICT Area, yard and bulk regulations, 100-143 Setbacks, 100-143 Zoning, 100-140 —100-143 LIGHT INDUSTRIAL PARK/PLANNED OFFICE PARK (LIO) DISTRICT Area, yard and bulk regulations, 100-133 Setbacks, 100-133 Zoning, 100- 130 — 100-133 LIGHTING Parks and recreation areas, 100-239.5 Signs, 100-206 Site plan approval, 100-252 Wireless communication facilities, 100-165 Zoning, 100-239-5 7.T1y1iTFD BUSINESS (LB) DIS- TRICT Area, yard and bulk regulations, 100-83 Outdoor storage, 100-81 Setbacks, 100-83 Zoning, 100-80 —100-83 LOADING ZONES Parking, 92-49.4 LOTS Zoning, 100-24,100-25 —M— MANUFACTURED HOMES Flood damage prevention, 46-15, 46-21 MARINE DISTRICTS Wireless communication facilities, 100-162 MEETINGS Fishers Island Harbor Committee, 33-3 MEMBERSHIP Architectural Review Committee, 100-258 Ethics Board, 10-19 Land Preservation Committee, 25-50, 59-50 Transportation Commission, 22-4 SI -9 6-5-2002 SOUTHOLD SUPPLEMENTAL INDEX MERCHANTS, see PEDDLERS, SOLICITORS AND TRAN- SIENT RETAIL MERCHANTS MOORING Boats, 32-39.3 Boats, docks and wharves, 32-39.4 Fishers Island Harbor management, 33-6, 33-8, 33-9 MOORING PERMITS Fishers Island Harbor management, 33-6 MOTOR -DRIVEN VEHICLES Confiscation and redemption, 60-6 Emergency vehicles, 60-5 Enforcement, 60-4 Exceptions, 60-5 Penalties for offenses, 60-7 Presumptive evidence, 60-3 Restitution, 60-7 Restrictions, 60-2 See also RECREATIONAL VEHI- CLES; VEHICLES —N— NIGHT FISHING PARKING PERMIT Fees, 92-42 Parking, 92-42 Rules and regulations, 92-42 NOISE Farmland Bill of Rights, 100-222 Home professional office, 100-31 Peddlers, solicitors and transient retail merchants, 69-10 NONCONFORMING USES Farm stands, 47-5 Nonresidential uses, 100-243 Wireless communication facilities, 100-168 NONRECYCLABLE WASTE Garbage, rubbish and refuse, 48-2, 48-3 NOTICE OF PUBLIC HEARING Board of Appeals, 100-275 Providing notice of public hearings, 58-1 Site plan approval, 100-254 Subdivision of land, A106-23, A106-24 Zoning, 100-292 NOTICES Boats, docks and wharves, 32-39.4 Coastal erosion hazard area, 37-21, 37-22 Communicabletinfectious diseases, A107-43.1 Farmland Bill of Rights, 100-223, 100-224 Filming, 44A -4,44A -5,'44A-8 Fishers Island Harbor Committee, 33-3 Fishers Island Harbor management, 33-12 Pro -arrest policy, A107-35.1 Site plan approval, 100-254 Two -percent real estate transfer tax, 6-135,6-145 NUISANCES Farmland Bill of Rights, 100-222 grim OBSTRUCTIONS Peddlers, solicitors and transient retail merchants, 69-10 Sidewalks, 80-2 ODORS Farmland Bill of Rights, 100-222 OFFICERS AND EMPLOYEES Ethics, Code of, 10-1 —10-26 OFF-STREET PARKING AND LOADING Site plan approval, 100-252 OPEN SPACE PRESERVATION Land Preservation Committee, 59-50 OUTDOOR STORAGE Limited Business (LB) District, 100-81 Residential Office (RO) District, 100-71 _P_ PARIKING P— PARffiNG Agricultural -Conservation (A -C) Dis- trict, 100-32 Bus stops, 92-49.3 Farm stands, 47-3 Fire zones, 92-49.2 Handicapped parking, 92-48 Loading zones, 92-49.4 Night fishing parking permit, 92-42 No stopping zones, 92-49.1 Regulations, additional, 92-49 SI -10. 6-5-2002 • • • SOUTHOLD SUPPLEMENTAL INDEX Salvaging centers, 74-4 Vehicles and traffic, 92-47, 92-49 — 92-49.4, 92-61 PARKING AT BEACHES Fishers Island, 65-3.1 PARKS AND RECREATION AR- EAS Lighting, 100-239.5 PEDDLERS, SOLICITORS AND TRANSIENT RETAIL MER- CHANTS Canvassing for religious purposes, 69-14 Definitions, 69-2 Dust, 69-10 Exemptions, 69-4 Fees, 69-4, 69-9 Hearings, 69-11 Investigations, 69-7 Legislative intent,.69-1 Licenses, 69-1— 69-13 Noise, 69-10 Obstructions, 69-10 Penalties for offenses, 69-13 Permitted activities, 69-5 Records, 69-8 Registration, 69-3, 69-6 Restrictions, 69-10 Sales, 69-1 —69-13 Signs, 69-12 Vehicles, 69-10 PENALTIES FOR OFFENSES Affordable Housing (AHD) District, 100-59 Alarm systems, 24-8 Burning, outdoor, 36-5 Coastal erosion hazard area, 37-47 Ethics, Code of, 10-24 Farmland Bill of Rights, 100-225 Farm stands, 47-6 Filming, 44A-14 Fishers Island Harbor management, 33-14 Flood damage prevention, 46-9 Motor -driven vehicles, 60-7 Peddlers, solicitors and transient retail merchants, 69-13 Salvaging centers, 74-6 Site plan approval, 100-259 Street numbering: addresses, 84-8 Two -percent real estate transfer tax, 6-155 PERMITS Alarm systems, 24-3, 24-4 Boats, docks and wharves, 32-39.3, 32-39.4 Coastal erosion hazard area, 37-11, 37-12, 37-40 Farm stands, 47-2 — 47-4 Filming, 44A -2,44A -3,44A-12, 44A-13 Fishers Island, 65-3.1 Fishers Island Harbor management, 33-6 Flood damage prevention, 46-12, 46-13 Handicapped parking, 92-48 . Public entertainment and special events, 71-1 Salvaging centers, 74-2, 74-3, 74-5 Signs, 100-209 See also BUILDING PERMITS; NIGHT FISHING PARKING PERMIT POLICE DEPARTMENT RULES AND REGULATIONS Communicable/infectious diseases, A107-43.1 Pro -arrest policy, A107-35.1 POWERS AND DUTIES Administrator, 37-42 Building Inspector, 46-14 Ethics Board, 10-20 Fishers Island Harbor Committee, 33-3 Land Preservation Committee, 25-50, 59-50 Records Advisory Board, 72-5 Records Management Officer, 72-4 Superintendent of Highways, 44A-5 Transportation Commission, 22-5 PRO -ARREST POLICY Accusatory instrument, A107-35.1 Definitions, A107-35.1 General provisions, A107-35.1 Notices, A107-35.1 Orders of protection, A107-35.1 Police Department rules and regula- tions; A107-35.1 Procedure, A107-35.1 Protection of identity of victim, A107-35.1 Purpose, A107-35.1 PUBLIC ENTERTAINMENT AND SPECIAL EVENTS Bazaars, 71-1 SI -11 3-15-2003 SOUTHOLD SUPPLEMENTAL INDEX Certain entertainment restricted, 71-1 Circuses, 71-1 Fairs, 71-1 Fees, 71-1, 100-274 Outdoor shows, 7171 Permits, 71-1 Wineries outdoor events, 7,1-1 _Q_ QUALIFICATIONS Architectural Review Committee, 100-258 Ethics Board, 10-19 — R— RAFTING Fishers Island Harbor management, 33-10 RAMPS Boats, docks and wharves, 32-32.1 RECORDING OFFICER Designation, 6-115 Liability, 6-120 Two -percent real estate transfer tax, 6-115,6-120 RECORDS Communicabletinfectious diseases, A107-43.1 Ethics Board, 10-23 Peddlers, solicitors and transient retail merchants, 69-8 Two -percent real estate transfer tax, 6-85 RECORDS ADVISORY BOARD Powers and duties, 72-5 Records management, 72-5 RECORDS MANAGEMENT Custody and control of records, 72-6 Definitions, 72-3 Disposition of records, 72-7 Intent, 72-1 Program established, 72-2 Records Advisory Board, 72-5 Records Management Officer, 72-4, 72-6 Records management officer, 72-2 RECORDS MANAGEMENT OF- FICER Powers and duties, 72-4 Records management, 72-2,72-4 RECREATIONAL VEHICLES Flood damage prevention, 46-21 See also MOTOR -DRIVEN VEHI- CLES REGISTRATION Peddlers, solicitors and transient retail merchants, 69-3, 69-6 RESIDENCY REQUIREMENTS Architectural Review Committee, 100-258 Volunteer fire fighters and ambulance workers, tax exemption for, 85-10 RESIDENTIAL DISTRICTS Wireless communication facilities, 100-162 RESIDENTIAL OFFICE (RO) DISTRICT Additional standards, 100-71 Outdoor storage, 100-71 RESTRICTED TRUCK TRAFFIC, see TRUCK TRAFFIC RE- STRICTED _S_ SALARIES S— SALARIES AND COMPENSA- TION Architectural Review Committee, 100-258 SALES Boats, unnavigable, 33-12 Local produce, 100-31 Peddlers, solicitors and transient retail merchants, 69-1— 69-13 SALVAGING CENTERS Definitions, 74-1 Fees, 74-3 Parking, 74-4 Penalties for offenses, 74-6 Permits, 74-2, 74-3, 74-5 SCHOOLS Tobacco advertising, 86-3 SCREENING Highway specifications, A108-43 Site plan approval, 100-252 Wireless communication facilities, 100-166 SI -12 3-15-2003 • • Is SOUTHOLD SUPPLEMENTAL INDEX SETBACKS Farm stands, 47-3 General Business (B) District, 100-103 Home professional office, 100-31 Light Industrial (LI) District, 100-143 Light Industrial Park/Planned Office Park (LIO) District, 100-133 Limited Business (LB) District, 100-83 Wireless communication facilities, 100-165 SEWAGE Fishers Island Harbor management, 33-11 SHELLFISH Eels, 77-208.1 Licenses, 77-202 Vegetation removal prohibited, 77-211.2 SIDEWALKS Highway specifications, A108-40 Intent, 80-1 Obstructions, 80-2 Snow and ice removal, 80-2 SIGNS Bed -and -breakfast, 100-31 Fees, 45-8 Highway specifications, A108-12 Home professional office, 100-31 Lighting, 100-206 Nonconforming signs, 100-209 Peddlers, solicitors and transient retail merchants, 69-12 Permits, 100-209 Specific sign requirements, 100-205.1 Specific signs, 100-205 Transition, 100-208 Uniform Fire Prevention and Building Code, 45-8 Unsafe, abandoned and unlawful signs, 100-207 Wireless communication facilities, 100-165 SINGLE-FAMILY DWELLINGS Fees, 45-8 Uniform Fire Prevention and Building Code, 45-8 SITE PLAN APPROVAL Applicability, 100-250 Application requirements, 100-256 Approval of plan required, 100-253 Architectural review, 100-257, 100-258 Building permits, 100-252 Certificate of occupancy, 100-252 Drainage, 100-252 Duration of plan, 100-255 Fees, 100-256 Findings of fact, 100-251 Guaranties, 100-254 Hearings, 100-254 Land clearing, 100-259 Landscaping, 100-252 Lighting, 100-252 Notice of public hearing, 100-254 Notices, 100-254 Objectives, 100-252 Off-street parking and loading, 100-252 Penalties for offenses, 100-259 Purpose, 100-251 Review procedure, 100-254 Screening, 100-252 Utilities, 100-252 Variances, 100-254 Zoning, 100-250 —100-256 SMOKE Farmland Bill of Rights, 100-222 SNOW AND ICE REMOVAL Sidewalks, 80-2 SOLICITORS, see PEDDLERS, SOLICITORS AND TRAN- SIENT RETAIL MERCHANTS SOUTHOLD COMMUNITY PRESERVATION FUND, see COMMUNITY PRESERVATION FUND SPECIAL EVENTS Fees, 100-274 See also PUBLIC ENTERTAINMENT AND SPECIAL EVENTS SPECIAL EXCEPTION USES Wireless communication facilities, 100-163 SPEED LIMITS Fishers Island Harbor management, 33-4 STOP -WORK ORDERS Flood damage prevention, 46-14 STORAGE Home professional office, 100-31 Long-term outdoor display or storage, 100-239.7 Zoning, 100-239.6,100-239.7 SI -13 3-15-2003 SOUTHOLD SUPPLEMENTAL INDEX STORAGE, OUTDOOR, see OUT- DOOR STORAGE STREETLIGHTING Highway specifications, A108-47 STREET NUMBERING: AD= DRESSES Changes, 84-3 Compliance deadline, 84-6 Definitions, 84-2 Display of numbers, 84-5 Enforcement, 84-7 Numbering system established, 84-3 Penalties for offenses, 84-8 Posting of numbers, 84-4 Style and size, 84-5 Tax bill, 84-6 Unnamed roads, 84-3 SUBDIVISION OF LAND Flood damage prevention, 46-15 Notice of public hearing, A106-23, A106-24 SUPERINTENDENT OF HIGH- WAYS Filming, 44A-5 Powers and duties, 44A-5 SWIIVIIVIING POOLS Fees, 45-8 Uniform Fire Prevention and Building Code, 45-8 —T— TAXATION Disabled persons with limited income, tax exemption for, 85-9 Exemption granted, 85-9 Veterans' exemption, 85-7, 85-8 Volunteer fire fighters and ambulance workers, tax exemption for, 85-10, 85-11 TERMS OF OFFICE Architectural Review Committee, 100-258 Ethics Board, 10-19 Fishers Island Harbor Committee, 33-3 Land Preservation Committee, 25-50, 59-50 Transportation Commission, 22-4 TOBACCO ADVERTISING Child-care center, 86-3 Definitions; 86-2 Exceptions, 86-4 Injunctions, 86-6 Intent and findings, 86-1 Restrictions, 86-3 Schools; 86-3 Time frame for compliance, 86-5 TOPSOIL Highway specifications, A108-43 TOPSOIL PROTECTION Farm stands, 47-3 TOWERS Wireless communication facilities, 100-162,100-165,100-166 TOWN GARBAGE BAG . Garbage, rubbish and refuse, 48-2 TOWN TRANSFER STATION Garbage, rubbish and refuse, 48-3 TRAFFIC CONTROL Filming, 44A-4 TRANSIENT MERCHANTS, see PEDDLERS, SOLICITORS AND TRANSIENT RETAIL MER- CHANTS TRANSPORTATION ACCESS MANAGEMENT Definitions, 22-3 Purpose, 22-2 Transportation Commission, 22-4, 22-5 TRANSPORTATION CONIDHS- SION Appointments, 22-4 Membership, 22-4 Powers and duties, 22-5 Terms of office, 22-4 Transportation access management, 22-4,22-5 TREES Highway specifications, A108-43, A108-45 Wireless communication facilities, 100-162,100-166 TRUCK TRAFFIC RESTRICTED Vehicles and traffic, 92-60 Weight limits, 92-60 TWO -PERCENT REAL ESTATE TRANSFER TAX Additional exemptions, 6-100 Appeals, 6-145 Applicability, 6-80 SI -14 3-15-2003 • • r� SOUTHOLD SUPPLEMENTAL INDEX Apportionment of consideration subject to 'tax for property located only partly within town, 6-140 Community Preservation Fund, 6-70 — 6-175 Confidentiality, 6-160 Cooperative housing corporation trans- fers, 6-110 Costs and expenses, 6-135 Credit, 6-105 Definitions, 6-75 Deposit and disposition of revenue, 6-130 Designation of agent by County Treas- urer, 6-115 Determination of tax, 6-145 Exemptions from tax, 6-95 Hearings, 6-145 Imposition of tax, 6-80 Inspections, 6-160 Interest,.6-155 Intergovernmental agreement authority, 6-165 Judicial review, 6-135 Liability, 6-90, 6-120, 6-130, 6-145 Liens, 6-150 Notices, 6-135, 6-145 Overpayment or underpayment, 6-130 Payment of tax, 6-85 Penalties for offenses, 6-155 Proceedings to recover tax due, 6-150 Recording Officer, 6-115, 6-120 Records, 6-85 Referendum requirement, 6-175 Refunds, 6-125 Remedies, 6-145 Return, filing of, 6-85 Town Supervisor, petition to, 6-145 Use of tax, 6-80 Warrants, 6-150 —U`_ UNIFORM U— UNIFORM FIRE PREVENTION AND BUELDING CODE Accessory buildings, 45-8 Buildings, demolition of, 45-8 Farm buildings, 45-8 Fees', 45-8 Hotels and motels, 45-8 Signs, 45-8 Single-family dwellings, 45-8. Swimming pools, 45-8 UNSAFE BUILDINGS Unsafe premises prohibited, 90-3 UTILITIES Flood damage prevention, 46-16 Site plan approval, 100-252 —V— VARIANCES Coastal erosion hazard area, 37-30 — 37-39 Flood damage prevention, 46-23 Site plan approval, 100-254 VEHICLES Peddlers, solicitors and transient retail merchants, 69-10 VEHICLES AND TRAFFIC Fire wells, 92-47 Parking, 92-47, 92-49 — 92-49.4, 92-61 Truck traffic restricted, 92-60 VEHICLES, MOTOR -DRIVEN, see MOTOR -DRIVEN VEHICLES VETERANS' EXEMPTION Amount of exemption, 85-8 Taxation, 85-7, 85-8 VIBRATIONS Farmland Bill of Rights, 100-222 VOLUNTEER FIRE FIGHTERS AND AMBULANCE WORK- ERS, TAX EXEMPTION FOR Amount, 85-10 Applicability, 85-11 Exemption granted, 85-10 Qualifications, 85-10 Residency requirements, 85-10 Taxation, 85-10,85-11 —W— WATERSKIING Fishers Island Harbor management, 33-5 WEIGHT LIMITS Truck traffic restricted, 92-60 WIRELESS COMMUNICATION FACILITIES Airport regulations, 100-166 Antennas, 100-165 Appearance, 100-166 SI -15 3-15-2003 SOUTHOLD SUPPLEMENTAL INDEX Area, yard and bulk regulations, 100-165 Collocation, 100-165 Commercial districts, 100-162, 100-166 Design standards, 100-165 Fences, 100-165 Height regulations, 100-162 Historic buildings and districts, 100-164 Industrial districts, 100-162 Landscaping, 100-166 Lighting, 100-165 Location of use, 100-162 Marine districts, 100-162 Nonconforming uses, 100-168 Removal, 100-168 Residential districts, 100-162 Screening, 100-166 Setbacks, 100-165 Signs, 100-165 Special exception uses, 100-163 Towers, 100-162,100-165,100-166 Trees, 100-162, 100-166 Zoning, 100-160-100-169 —Z— ZONING Adoption of Local Laws, 14-6 Affordable Housing (AHD) District, 100-50-100-59 Bed -and -breakfast, 100-31, 100-281 Definitions, 100-25 Exceptions, 100-25 Farmland Bill of Rights, 100-220 — 100-226 General Business (B) District, 100-100 —100-103 Health care facilities, 100-31 Hearings, 100-26 Home professional office, 100-31 Life care community, 100-31 Light Industrial (LI) District, 100-140 — 100-143 Light Industrial Park/Planned Office Park (LIO) District, 100-130 — 100-133 Lighting, 100-239-5 Limited Business (LB) District, 100-80 —100-83 Lots, 100-24,100-25 Merger, 100-25 Merger, waiver of, 100-26 Notice of public hearing, 100-292 Outdoor storage, 100-239.6, 100-239.7 Sale of local produce, 100-31 Site plan approval, 100-250 —100-256 Wireless communication facilities, 100-160 —100-169 ZONING BOARD OF APPEALS Flood damage prevention, 46-22 SI -16 3-15-2003 C7 E