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