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HomeMy WebLinkAbout2002 Code Supplement - 09/20/2002GENERAL CODE PUBLISHERS CORP. INSTRUCTIONS Town of Southold Code Supplement No. 136 • 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 INSERT 10139 —10140 10139 —10140 Legislation, by number or date of adoption, included in this supplement: L.L. No. 4-2002. 9-20-2002 § 100-239.2 ZONING § 100-239.4 subject to such conditions as may be prescribed by the Town Board. C. Exemptions. This section shall not be deemed to apply to the temporary or seasonal camp of any unit of the Boy Scouts of America or the Girl Scouts of America or other such organizations under the leadership provided by said 0 organizations, respectively. § 100-239.3. (Reserved)10 § 100-239.4. Building setback requirements adjacent to water bodies and wetlands. [Added 3-14-1989 by L.L. No. 3-19891 Notwithstanding any other provisions of this chapter, the following setback requirements shall apply to all buildings located on lots adjacent to water bodies and wetlands: A. Lots adjacent to Long Island Sound, Fishers Island Sound and Block Island Sound. [Amended 11-24-1992 by L.L. No. 20-1992] (1) All buildings located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than one hundred (100) feet from the top of such bluff or bank. (2) Except as otherwise provided in Subsection A(1) hereof, all buildings located on lots adjacent to sounds shall be set back not less than one hundred • (100) feet from the ordinary high-water mark of said sound. (3) Buildings which are proposed landward of existing principal dwellings shall be exempt from the 10 Editor's Note: Former 3 100.239.3, Berms, was deleted 11-24-1992 by L.L. No. 24-1992. 10139 2-25-95 § 100-239.4 SOUTHOLD CODE § 100-239.5 requirements set forth in Subsection A(1) and A(2) hereof. [Added 6-15-1993 by L.L. No. 8-19931 B. All buildings located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than seventy-five (75) feet from the bulkhead. The following exceptions will apply: 0_ (1) Buildings which are proposed landward of existing buildings. (2) Lands which are not bulkheaded and are subject to a determination by the Board of Town Trustees under Chapter 97 of the Code of the Town of Southold. (3) Docks, wharves, pilings, boardwalks, stairs, promenades, walkways and piers, which are accessory and separate from existing buildings or accessory structures. C. [Amended 6-15-1993 by L.L. No. 8-19931 All buildings located on lots adjacent to any freshwater body shall be set back not less than seventy-five (75) feet from the edge of such water body or not less than seventy-five (75) feet from the landward edge of the freshwater wetland, whichever is greater. The following exception will apply: (1) Lands which are not bulkheaded and are subject to a determination by the Board of Town Trustees under Chapter 97 of the Code of the Town of Southold. § 100-239.5. Lighting restrictions. [Added 12-27-1994 by • L.L. No. 30-1994] This section is adopted pursuant to the town's police power. This. section prohibits excessive light and glare by any use, restricts lighting in the middle of the night and sets a maximum height for lights to minimize the potential for glare. 10140 2-25-95 GENERAL CODE PUBLISHERS CORP. INSTRUCTIONS Town of Southold Code Supplement No. 137 • 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 637-638 10083— 10084 10096.1— 10096.2 10096.7 —10096.8 INSERT 637-639 10083 —10084 10096.1-10096.2 10096.2.1 10096.7 — 10096.8 10096.8.1 . Legislation, by number or date of adoption, included in this supplement: L.L. Nos. 7-2002; 8-2002. 12-20-2002 § 6-160 COMMUNITY PRESERVATION FUND § 6-160 set forth or disclosed in any return required under this article. However, nothing in this section shall prohibit the Recording Officer from malting a notation on an instrument effecting a conveyance indicating the amount of tax paid. No recorded instrument effecting a conveyance shall be considered a return for the purposes • of this section. B. The officers charged with the custody of such returns shall not be required to produce any of them or evidence of anything contained in them in any action or proceeding in any court, except on behalf of the town in any action or proceeding involving the collection of a tax due under this article to which the county or town or an officer or employee of the county or town is a party or a claimant, or on behalf of any party to any action or proceeding under the provisions of this article when the returns or facts shown thereby are directly involved in such action or proceeding; in any of which events the court may require the production of and may admit in evidence so much of said returns or of the facts shown thereby as are pertinent to the action or proceeding and no more. C. Nothing herein shall be construed to prohibit the delivery to a grantor or grantee of an instrument effecting a conveyance, or to the duly authorized repre- sentative of such grantor or grantee, of a certified copy of any return filed in connection with such instrument or to prohibit the publication of statistics so classified as to prevent the identification of particular returns or the items thereof or to prohibit the inspection by the legal representatives of the county or town of the return of any • taxpayer who shall bring action to set aside or review the tax based thereon. D. Any officer or employee of the town who willfully violates the provisions of this section shall be dismissed from office and be incapable of holding any public office in the state for a period of five years thereafter. 637 3-15-99 § 6-161 SOUTHOLD CODE § 6-175 §§ 6-161 through 6-164. (Reserved) § 6-165. Intergovernmental agreement authority. The Town Board shall be authorized to, by resolution, enter into any intergovernmental agreement necessary with the • County of Suffolk or any successor county for the effective and efficient administration and enforcement of this article. §§ 6-166 through 6-169. (Reserved) § 6-170. Severability. If any clause, sentence, paragraph, section or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. §§ 6-171 through 6-174. (Reserved) § 6-175. Effective date; referendum requirement. This article is subject to a mandatory referendum as set forth in § 1449 -bb of Article 31-D of the Tax Law. This article shall take effect on March 1, 1999, after approval at the general • election to be held on November 3, 1998, by the affirmative vote of a majority of the qualified electors of the Town of Southold and filing with the Secretary of State; and provided further that the real estate transfer tax imposed by this article shall expire and be deemed repealed as to any conveyance taking place after December 31, 2010. 638 3-15-99 - i § 100-93 ZONING § 100-101 § 100-93. (Reserved) ARTICLE X General Business (B) District [Added 1-10-1989 by L.L. No. 1-19891] 0 § 100-100. 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. § 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 2-7-1995 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. 10083 7-26-96 § 100-101 SOUTHOLD CODE § 100-101 (3) Wholesale businesses, warehouses and building material storage and sale, but excluding storage of coal, coke, fuel oil or junk. (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 (3) 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. (b) It shall obtain site plan approval. (Cont'd on page 10084.1) Is 10084 7-25-96 § 100-131 ZONING § 100-131 which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. [Amended 5-9-1989 by L.L. No. 6-1989; 11-29-1994 by L.L. No. 26-1994; 4-28-1997 by L.L.. No. 6-19971 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 0 Planning Board: (1) The agricultural operations and accessory uses, including irrigation, the raising of field and garden crops, vineyard and orchard farming, the mainte- nance of nurseries and the seasonal sale- of products grown on the premises, the keeping, breeding, raising and training of horses, domestic animals and fowl, barns, storage buildings, greenhouses and other related structures to the same extent and subject to the same conditions allowed in the AC Zone. (2) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. (3) Wholesale businesses, warehouses and building material storage and sale, but excluding storage of coal, coke, fuel oil or junk. (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) Office buildings for businesses, governmental and professional uses, including administrative training, data processing, publication, financial and sales offices. 10096.1 6-1-97 § 100-131 SOUTHOLD CODE § 100-131 (7) Telephone exchanges. (8) Wineries as regulated by § 100-101A(11). (9) Tourist camp. (10) Recreational facilities which meet the following conditions: (a) Minimum parcel size shall be three acres. (b) There shall be three acres for each use. (11) Standard regulation golf course. (12) Food catering facility. (13) Machine and equipment workshop. (14) Boat building, boat servicing and boat storage facilities, excluding retail sales of boats and accessories. (15) Light industrial uses, subject to the following conditions: (a) No such process or operation shall involve the handling, storage or discharge of explosives or permit upon the premises any virus or other type of infectious organisms identified with diseases of animals or humans. (b) No offensive noises, gases, fumes, smoke, odors, dust, effluent or vibrations shall emanate from such use and no waste products shall be discharged therefrom of a character to create a nuisance or to be injurious to health or to negatively impact groundwater. (c) Such processes shall involve the use of only oil, gas or electricity for fuel. (16) Printing and publishing plants. B. [Amended 5-23-1.989 by L.L. No. 7-1989; 4-28-1997 by L.L. No. 6-1997] Uses permitted by special exception of the Board of Appeals. The following uses are permitted 10096.2 6-1-97 § 100-141 ZONING § 100-141 (2) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. (3) Wholesale businesses, warehouses and building material storage and sale, but excluding storage of coal, coke, fuel oil or junk. • (4) Building, electrical and plumbing contractor's 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) Office buildings for businesses, governmental and professional uses, including administrative training, data processing, publication, financial and sales offices. (7) Telephone exchanges. (8) Wineries as regulated by § 100-101A(11). (9) Auto repair shop. (10) Repair shop (not including auto and marine). (11) Custom workshop. (12) Machine and equipment workshop. (13) Light industrial uses. (14) Publishing and printing plants. (15) Boat building, servicing and storage, excluding wholesale and retail sales of boats and accessories. B. [Amended 4-28-1997 by L.L. No. 6-1997] Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the Planning Board: 10096.7 6-1-97 § 100-141 SOUTHOLD CODE § 100-141 (1) Research, design or development laboratories, provided that any manufacturing shall be limited to prototypes and products for testing. (2) Laundry or dry-cleaning plants, subject to the following conditions: (a) All processes and storage shall be carried on • within an enclosed building. (b) All fluids used in processing shall be recycled, and the overall facility shall be designed, located and operated to protect surface waters and the groundwater from pollution. (3) Light industrial uses, subject to the following conditions: (a) No such process or operation shall involve the handling, storage or discharge of explosives or permit upon the premises any virus or other type of infectious organisms identified with diseases of animals onhumans. (b) No offensive noises, gases, fumes, smoke, odors, dust, effluent or vibrations shall emanate from such use and no waste products shall be discharged therefrom of a character to create a nuisance or to be injurious to health or to negatively impact groundwater. (c) Such processes shall involve the use of only oil, gas or electricity for fuel. (4) Conference facilities, subject to the following conditions: (a) Where rooms are provided for conference attendees, said rooms are permitted as set forth and regulated by § 100-61B(4) of the Resort Residential (RR) District. (5) Public utility structures and uses. 10096.8 6-1-97