Loading...
HomeMy WebLinkAbout1995 Code Supplement - 12/25/1995ZONING Chapter 100 ZONING ARTICLE I General Provisions § 100-9. Title. § 100-10. Purposes. § 100-11. Interpretation and conflicts. § 100-12. (Reserved) § 100-13. Definitions. ARTICLE III Agricultural -Conservation (A -C) District and Low -Density Residential 11-80, R-120, R-200 and R-400 Districts § 100-30. Purpose. 10001 12-25-95 ARTICLE II Districts § 100-20. District designations. § 100-21. Zoning Map. § 100-22. District boundaries. § 100-23. Effect of establishment of districts. § 100-24. Lot creation. § 100-25. Merger. § 100-26. Waiver of merger. ARTICLE III Agricultural -Conservation (A -C) District and Low -Density Residential 11-80, R-120, R-200 and R-400 Districts § 100-30. Purpose. 10001 12-25-95 SOUTHOLD CODE § 100-31. Use regulations. § 100-32. (Reserved) § 100-33. Accessory buildings. ARTICLE IIIA Low -Density Residential R-40 District § 100-30A.1. Purpose. § 100-30A.2. Use regulations. § 100-30A.3. Bulk, area and parking regulations. § 100-30A.4. Accessory buildings. ARTICLE IV Hamlet Density (HD) Residential District § 100-40. Purpose. § 100-41. Applicability. § 100-42. Use regulations. § 100-43. Bulk, area and parking regulations. 10002 12-25-95 ARTICLE V Affordable Housing (AUD) District § 100-50. Purpose. § 100-51. Definitions. § 100-52. Applicability. § 100-53. Use regulations. § 100-54. Bulk, area and parking regulations. § 100-55. Application procedure. 10002 12-25-95 ZONING § 100-56. General regulations and requirements. § 100-57. Administration. § 100-58. Applicability of other Code provisions. § 100-59. Penalties for offenses. (Coned on page 10003) 10002.1 12-25-95 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 J 10009 12-25-95 L § 100-9 SOUTHOLD CODE § 100-10 L [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-JOA(22), 100-121C(2)(i)., 100-141J(5), 100-144B and 100-145 amended during codification; see Ch. 1, General Provisions, Article II. Other amendments noted where applicable.] L GENERAL REFERENCES 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. L Tourist and trailer camps — See Ch. 88. Wetlands — See Ch. 97. Subdivision of land — See Ch. A106. 2— ARTICLE ARTICLE I General Provisions § 100-9. Title. [Added 2-1-1983 by L.L. No. 2.19831 r This chapter shall be known and may be cited as the "Southold Town Zoning Code." L r § 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 L interest of the protection and promotion of the public health, �- safety and welfare, shall be deemed to specifically include the following, among others: L A. The facilitation of the efficient and adequate provision of public facilities and services. L L 10010 12-25-95 1 �— § 100-10 ZONING § 100-11 { B. The assurance of adequate sites for residence, industry —J and commerce. j- C. The provisions of privacy for families. I D. The prevention and reduction of traffic congestion so as to promote efficient and safe circulation of vehicles and pedestrians. E. The maximum protection of residential and historic areas. [Amended 1-10-1989 by L.L. No. 1-19891 F. The gradual elimination of nonconforming uses. G. The enhancement of the appearance of the Town of Southold as a whole, particularly its open and rural environment. [Amended 1-10-1989 by L.L. No. 1-19891 H. The encouragement of flexibility in the design and development of land in such a way as to produce the most appropriate use of lands, to facilitate the adequate and economical provision of streets and utilities and to preserve the natural and scenic qualities of open lands. I. The fostering and protection of agriculture and fisheries. J. To make provision for, so far as conditions may permit, the accommodation of solar energy systems- I`. equipment and access to sunlight necessary therefor. [Added 2-1-1983 by L.L. No. 2-19831 K. The protection of the subsurface water supply and surface waters. [Added 1-10-1989 by L.L. No. 1-19891 L. The protection and enhancement of the coastal environment. [Added 1-10-1989 by L.L. No. 1-1989] § 100-11. Interpretation and conflicts. A. Where a provision of this chapter conflicts with or imposes a different requirement from any other provision of this chapter, the -provision or requirement which is more restrictive or which establishes the higher standard shall govern. 10011 12-25-95 § 100-11 SOUTHOLD CODE § 100-12 B. Where the provisions of this chapter conflict with or impose a different requirement from any other ordinance of the Town of Southold or any rules or regulations adopted thereunder, the ordinance, rule or regulation which establishes the higher standard or requirement shall govern. C. In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety and welfare. Except where specifically provided to the contrary, it is not intended by this chapter to repeal, abrogate, annul or in any way to . impair or interfere with any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to law relating to the use of buildings, structures, shelters or premises; nor is -it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties. [Added 1-10-1989 by L.L. No. 1-19891 § 100-12. (Reserved)' (Cont'd on page 10013) 1 Editor's Note: Former 3 100-12, Exceptions, amended 10-30-1973 by L.L. No. 5-1973, was repealed 11-28.1995 by L.L. No. 23-1995, effective January 1, 1996. 10012 12-25-95 § 100-23 ZONING § 100-24 to have been included for the purposes of clarity and emphasis. [Amended 1-10-1989 by L.L. No. 1-1989] F. Notwithstanding the limitations imposed by any other provisions of this chapter, no building, dredging or filling operation shall be permitted below the datum of mean high water of tidal waters unless such building, dredging or filling operations have been duly authorized and are conducted in conformity with all laws, ordinances, rules and regulations of all governmental agencies having jurisdiction thereo£2 § 100-24. Lot creation. [Added 11-28-1995 by L.L. No. 23-1995] A. A lot created by deed or town approval shall be recognized by the town if any one (1) of the following standards apply and if the lots have not merged: (1) The identical lot was created by deed recorded in the Suffolk County Clerk's office on or before June 30, 1983, and the lot conformed to the minimum lot requirement(s) set forth in Bulk Schedule AA3 as of the date of lot creation. (2) The lot(s) in question is/are approved by the Southold Town Planning Board. (3) The lot(s) in question is/are shown on a subdivision map approved by the Southold Town Board prior to June 30, 1983. (4) The lot(s) in question is/are approved and/or recognized by formal action of the Board of Appeals prior to June 30, 1983. 2 Editor's Note: See also Ch. 32, Boats, Docks and Wharves, and Ch. 97, Wetlands. 3 Editors Note: Bulk Schedule AA is located a the end of this chapter. 10037 12-25-95 § 100-24 SOUTHOLD CODE § 100-25 B. All lots which are not recognized by the town pursuant to the above section shall not receive any building permits or other development entitlements. C. All lots are subject to the merger provisions of § 100-25. § 100-25. Merger. [Added 11-28-1995 by L.L. No. 23-19951 A. Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of fifty (50) feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements. B. Definitions. "Common ownership" shall mean that the parcel is held by the same person in the same percentage of ownership as an adjoining parcel. C. Exceptions. Lots which are recognized under § 100-24 and meet any of the following categories shall be exempt from the merger provision set forth above and shall not be deemed merged by operation of this chapter: (1) The nonconforming lot has a minimum size of forty thousand (40,000) square feet, or (2) The nonconforming lot obtained a lot size variance from the Zoning Board, or (3) If the lot is not on the maps described in former § 100-12,4 the nonconforming lot has been held in single and separate ownership from July 1, 1983 to date, or 4 Editor's Note: Former § 100-12, Exceptions, was deleted by L.L. No. 23-1995, effective January 1, 1996. 10038 12-25-95 § 100-25 ZONING § 100-26 (4) If the lot is on the maps described in former § 100-12, the nonconforming .lot has been held in single and separate ownership from January 1, 1997, to date. D. Proof of merger. The town may require a person seeking determination of merger to provide any or all of the following.documents for evaluation: (1) Proof of the date when the lot was created and the size of the lot, together with a copy of a legal description of the parcel, all to the satisfaction of the town. (2) A copy of the current tax map and survey of the lot (3) A copy of the original survey of the lot. (4) A title search showing single and separate ownership of the property from July 1, 1983, to the present time, prepared by a Suffolk County title insurance company indemnifying the Town of Southold with twenty-five thousand dollars ($25,000.) of insurance. (5) Other additional information or documentation as may be deemed necessary. E. Effect of merger. No building permit or 'other development entitlement will be issued by the towri'until this section has been complied with. The Building De- partment will issue a written determination whether a property falls within an exemption to the merger provision. § 100-26. Waiver of merger. A. If a lot has merged, the Zoning Board of Appeals may waive the merger and recognize original lot lines upon public hearing and upon finding that: -� (1) The waiver will not result in a significant increase 7 in the density of the neighborhood. 10038.1 12-25-95 dL § 100-26 SOUTHOLD CODE § 100-30 (2) The waiver would recognize a lot that is consistent with the size of lots in that neighborhood. (3) , The waiver will avoid economic hardship. (4) The natural details and character of the and character of the contours and slopes of the lot will not be significantly changed or altered in any manner, and there will not be a substantial filling of land affecting nearby environmental or flood areas. ARTICLE III Agricultural -Conservation (A -C) District and Low -Density Residential R-80, R-120, R-200 and R400 Districts [Last amended 1-10-1989 by L.L. No. 1-19891 § 100-30. Purpose. The purpose of the Agricultural -Conservation (A C) District and the Low -Density Residential R-80, R-120, R-200 and R-400 Districts is to reasonably control and, to the extent possible, prevent the unnecessary loss of those currently open lands within the town containing large and contiguous areas of prime agricultural soils which are the basis for a significant portion of the town's economy and those areas with sensitive environmen- tal features, including aquifer recharge areas and bluffs. In addition, these areas provide the open rural environment so highly valued by year-round residents and those persons who support the Town of Southold's recreation, resort and second - home economy. The economic, social and aesthetic benefits which can be obtained for all citizens by limiting loss of such areas are well documented and have inspired a host of govern- mental programs designed, with varying degrees of success, to achieve this result. For its part, the town is expending large sums of money to protect existing farm acreage. At the same time, the town has an obligation to exercise its authority to reasonably regulate the subdivision and development of this land to further the same purposes while honoring the legitimate interests of farmers and other farmland owners. 10038.2 12-25-95 J 7 § 100-31 ZONING § 100-31 § 100-31. Use regulations. [Amended 3-14-1989 by L.L. No. 3-1989] In A -C, R-80, R-120, R-200 and R-400 Districts, no building '7 or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended ..or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. .> (1) One -family detached dwellings, not to exceed one (1) dwelling on each lot. (2) [Amended 5-23-1989 by L.L. No. 8-19891 The following agricultural operations and accessory uses thereto, including irrigation, provided that there shall be no storage of manure, fertilizer or other AD odor- or dust -producing substance or use, except spraying and dusting to protect vegetation, within one hundred fifty (150) feet of any lot line: 7 AN 7 J 10038.3 12-z5-95 (a) The raising of field and garden crops, vineyard -. and orchard farming, the maintenance of.: nurseries and the seasonal sale of products grown on the premises, subject to the following special requirements: [1] All buildings for display and retail sales of agricultural and nursery products grown 7 on the premises shall not exceed one thousand (1,000) square feet in floor area or one (1) story in height. Display of 3 produce at a roadside farm stand shall be not less than ten (10) feet from all street and lot lines. Any roadside farm stand in -� (Cont'd on page 10039) 7 AN 7 J 10038.3 12-z5-95 J 7 J 7 § 100-31 ZONING § 100-31 (c) Such boat or trailer shall not be located within fifteen (15) feet of any street or lot line. (8) Horses and domestic animals other than household pets, provided that such animals shall not be housed within forty (40) feet of any lot line. Housing for flocks of more than twenty-five (25) fowl shall not be constructed within fifty (50) feet of any line. (9)5 Yard sales, attic sales, garage sales, auction sales or similar types of sales of personal property owned by 7 the occupant of the premises and located thereon, subject to the following requirements: (a) Not more than one (1) such sale shall be conducted on any lot in any one (1) calendar year. (b) Adequate supervised parking facilities shall be provided. (c) No signs, except one (1) on -premises sign not larger than six (6) square feet in size displayed for a period of not longer than one (1) week immediately prior to the day of such sale, shall. be permitted. (d) A permit shall be obtained therefor from the Town Clerk upon the payment of a fee of fifteen dollars ($15.). [Amended 8-24-1993 by L.L. No. 18.19931 (e) The display permit issued by the Town Clerk shall be posted on the premises so it can be read from the street and removed before sundown on the day of the sale. [Added 8-24-1993 by L.L. No. 18-19931 5 Editor's Note: Former Subsection C(9), as amended, which 'regulated signs, was repealed 11-29-1994 by L.L. No. 25-1994, which local law also renumbered former Subsection C(10) as C(9). For current sign provisions, see Art. XX, Signs. 10051 12-25-95 § 100-31 SOUTHOLD CODE § 100-33 (10) Wineries may have an accessory gift shop on the premises which may sell items accessory to wine, such as corkscrews, wineglasses, decanters, items for the storage and display of wine, books on winemaking and the region and nonspecific items bearing the insignia of the winery. Wineries may not have a commercial kitchen as an accessory use but may have a noncommercial kitchen facility for private use by the employees. [Added 11-29-1994 by L.L. No. 26-19941 § 100-32. (Reserved)6 § 100-33. Accessory buildings. [Amended 4-10-1990 by L.L. No. 6-19901 In the Agricultural -Conservation District and Low -Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Such buildings shall not exceed eighteen (18) feet in height. B. Setbacks. [Amended 7-17-1990 by L.L. No. 14-1990; 2-5-1991 by L.L. No. 2-19911 (1) On lots containing up to twenty thousand (20,000) square feet, such buildings shall be set back no less than three (3) feet from any lot line. (2) On lots containing more than twenty thousand (20,000) square feet up to thirty-nine thousand nine hundred ninety-nine (39,999) square feet, such buildings shall be set back no less than five (5) feet from any lot line. 6 Editor's Note: Former § 100-32, Bulk, area and parking regulations, was repealed 11-28-1995 by L.L. No. 23-1995. 10052 12-25-95 § 100-33 ZONING § 100-33 (3) On lots containing in excess of thirty-nine thousand nine hundred ninety-nine (39,999) square feet up to seventy-nine thousand nine hundred ninety-nine , (79,999) square feet, such buildings shall be set back no less than ten (10) feet from any lot line. (4) On lots containing in excess of seventy-nine thousand nine hundred ninety-nine (79,999) square feet, such buildings shall be set back no less than twenty (20) feet from any lot line. C Y In the case of a waterfront parcel, accessory buildings and structures may be located in -the front yard, provided that such buildings and structures meet the front -yard setback requirements as set forth by this Code. [Added 12-22-1992 by L.L. No. 33-19921 (Cont'd on page 10054.1) 7 Editor's Note: Former Subsection C, regarding percentage of occupancy of required yard, was repealed 7-17.1990 by L.L. No. 14-1990. .10053 12-25-95 § 100-241 ZONING § 100-242 G. Whenever a nonconforming use of a building or premises has been discontinued for a period of more than two (2) years or has been changed to a higher classification or to a conforming use, anything in this Article to the contrary notwithstanding, the nonconforming use of such building or premises shall no longer be permitted unless a variance therefor shall have been granted by the Board of Appeals. § 100-242. Nonconforming buildings with conforming uses. A. Nothing in this Article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. B. Reconstruction of a damaged building. (1) A nonconforming building containing a conforming use which has been damaged by fire or other causes to the extent of more than fifty percent (50%) of its fair value shall not be. repaired or rebuilt unless such building is made substantially to conform to the height and yard requirements of the Bulk Schedule.8 (2) Application for a permit -to build or restore the damaged portion of any building damaged or destroyed as set forth in Subsection B(1) above shall be filed within one (1) year of the date of such damage and shall be accompanied by plans for reconstruction which, as to such portion, shall comply with the requirements set forth above. If such permit is issued, it shall lapse one (1) year 8 Editor's Note: The Bulk Schedule is included at the end of this chapter. 10143 12-25-95 § 100-244. Nonconforming lots. [Amended 11-28-1995 by L.L. No. 23-19951 L A. This section is intended to provide minimum standards § 100-242 SOUTHOLD CODE § 100-244 forgranting of a building permit for the principal L thereafter unless reconstruction in accordance with W - the approved plans has been initiated. merged OL § 100-243. Nonconforming buildings with nonconforming W - uses. A. A nonconforming building containing a nonconforming use shall not be enlarged, reconstructed or structurally L altered or moved unless the use of such building is changed to a conforming use. (square Lot Front Side Both Sides B. A nonconforming building containing a nonconforming use which has been damaged by fire or other causes to (feet) the extent of more than fifty percent (50%) of its fair L value shall not be repaired or rebuilt unless the use of t such building is changed to a conforming use. § 100-244. Nonconforming lots. [Amended 11-28-1995 by L.L. No. 23-19951 A. This section is intended to provide minimum standards IL forgranting of a building permit for the principal W buildings of lots which are recognized by the town under § 100-24, are nonconforming and have not merged pursuant to § 100-25. B. Such lot shall be required to meet the following: L Area Yard (square Lot Front Side Both Sides Rear fee) coverage (feet) (feet) (feet) (feet) 120,000 to 10% 75 30 60 85 ML 199,999 100,000 to 10% 75 30 60 85 119,999 L 80,000 to 15% 60 30 60 85 �- 99,999 40,000 to 20% 60 20 45 75 IL 79,999 10144 12-25-95 L § 100-244 ZONING § 100-250 Area Yard (square Lot Front Side Both Sides Rear fee) coverage (feet) (feet) (feet) (feet) 20,000 to 20% 40 15 35 50 39,999 Less than 20% 35 15 25 35 20,000 § 100-245. Repairs and maintenance. Notwithstanding any of the foregoing regulations, nothing in this Article shall be deemed to prevent normal maintenance and repair of any building or the carrying out upon the issuance of a building permit of major structural alterations or demolitions necessary in the interest of public safety. § 100-246. Involuntary moves. Sections 100-241A and B and § 100-243A herein are not intended to apply to involuntary movements of uses or structures as a result of condemnation actions or other litigation. ARTICLE XXV Site Plan Approval [Added 1-10-1989 by L.L. No. 1-1989; amended 5-23-1989 by L.L. No. 9-19891 § 100-250. Applicability. This Article shall apply to every land use that is permitted in the Town of Southold except the single-family home use on a single and separate lot as set forth in Article III, § 100-31A(1), and customary nonagricultural accessory uses to a single-family residential home use as stated in the Town Code. Any change in use or intensity of use which will affect the characteristics of the site in terms of parking, loading, access, drainage, open 10145 12-25-95 § 100-250 SOUTHOLD CODE § 100-251 space or utilities will require site plan approval. In all cases where this chapter requires approval of site development plans by the Planning Board, no building permit shall be issued by the Building Inspector except upon authorization of and in conformity with the site plan approval by the Planning Board and all other public agencies involved. § 100-251. Findings of fact; purpose. A. The Town Board wishes to protect the unique rural and open space character of the town and hereby finds that development within the town, exclusive of the Incorporated Village of Greenport, should proceed along the lines of good order and with due regard to the public interest, including but not limited to the following: exterior design of new or renovated structures and portions thereof; the construction and location of parking areas, whether or not accompanied by new building construction; changes in the use of existing structures; the use of open land; and that the proposed site use would impact beneficially on the well-being of the population in general, increase the town's tax base and facilitate the local economy. B. It is the purpose of this Article to encourage good design and to: (1) Protect the established character and value of the adjoining properties, both public and private, and of the neighborhood in,which they are located. (2) Lessen and, where possible, prevent traffic congestion on the streets and highways upon which the site fronts or which provide vehicular or pedestrian access thereto. (3) Prevent overcrowding of land or buildings, (4) Secure safety from fire, flood and other dangers and provide adequate light, air and convenience of access. 10146 12-25-95 ZONING Town of Southold Bulk Schedule AA [Added 11-28-1995 by L.L. No. 23-1995] Date of Lot Creation Lot Size Width Prior to April 9, 1957 Any Any Between April 9, 1957, and 20,000 100 December 1, 1971 Between December 2, 1971, 40,000 135 and June 30, 1983 Depth Any 150 175 12-25-95 ZONING Chapter 100 ZONING ARTICLE I General Provisions § 100-9. Title. § 100-10. Purposes. § 100-11. Interpretation and conflicts. § 100-12. (Reserved) § 100-13. Definitions. ARTICLE II Districts § 100-20. District designations. § 100-21. Zoning Map. § 100-22. District boundaries. § 100-23. Effect of establishment of districts. § 100-24. Lot creation. § 100-25. Merger. § 100-26. Waiver of merger. ARTICLE III Agricultural -Conservation (A -C) District and Low -Density Residential R-80, R-120, R-200 and R-400 Districts § 100-30. Purpose. 10001 12-25-95 SOUTHOLD CODE § 100-31. Use regulations. § 100-32. (Reserved) § 100-33. Accessory buildings. ARTICLE IIIA Low -Density Residential R-40 District § 100-30A.1. Purpose. § 100-30A.2. Use regulations. § 100-30A.3. Bulk, area and parking regulations. § 100-30A.4. Accessory buildings. ARTICLE IV Hamlet Density (HD) Residential District § 100-40. Purpose. § 100-41. Applicability. § 100-42. Use regulations. § 100-43. Bulk, area and parking regulations. 10002 12-25-95 ARTICLE V Affordable Housing (AHD) District § 100-50. Purpose. § 100-51. Definitions. § 100-52. Applicability. § 100-53. Use regulations. § 100-54. Bulk, area and parking regulations. § 100-55. Application procedure. 10002 12-25-95 ZONING § 100-56. General regulations and requirements. § 100-57. Administration. § 100-58. Applicability of other Code provisions. § 100-59. Penalties for offenses. (Cont'd on page 10003) 10002.1 12-25-95 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 H. Other amendments noted where applicable.) GENERAL REFERENCES 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 J § 100-10 ZONING § 100-11 B. The assurance of adequate sites for residence, industry and commerce. C. The provisions of privacy for families. 7 D. The prevention and reduction of traffic congestion so as to promote efficient and safe circulation of vehicles and pedestrians. E. The maximum protection of residential and historic areas. [Amended 1-10-1989 by L.L. No. 1-19891 F. The gradual elimination of nonconforming uses. 7 G. The enhancement of the appearance of the Town of AM Southold as a whole, particularly its open and rural environment. [Amended 1-10-1989 by L.L. No. 1-1989] H. The encouragement of flexibility in the design and development of land in such a way as to produce the most appropriate use of lands, to facilitate the adequate and economical provision of streets and utilities and to preserve the natural and scenic qualities of open lands. I. The fostering and protection of agriculture and fisheries. J. To make provision for, so far as conditions may permit, the accommodation of solar energy systems and equipment and access to sunlight necessary therefor. [Added 2-1-1983 by L.L. No. 2-19831 K. The protection of the subsurface water supply and —� surface waters. [Added 1-10-1989 by L.L. No. 1-19891 L. The protection and enhancement of the coastal Z environment. [Added 1-10-1989 by L.L. No. 1-19891 J § 100-11. Interpretation and conflicts. A. Where a provision of this chapter conflicts with or imposes a different requirement from any other AD provision of this chapter, the provision or requirement which is more restrictive or which establishes the higher standard shall govern. M. R 10011 12-25-95 7 § 100-11 SOUTHOLD CODE § 100-12 B. Where the provisions of this chapter conflict with or impose a different requirement from any other ordinance of the Town of Southold or any rules or regulations adopted thereunder, the ordinance, rule or regulation which establishes the higher standard or requirement- shall equirementshall govern. C. In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety and welfare. Except where specifically provided to the contrary, it is not intended by this chapter to repeal, abrogate, annul or in any way to impair or interfere with any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to law relating to the use of buildings, structures, shelters or premises; nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties. [Added 1-10-1989 by L.L. No. 1-19891 § 100-12. (Reserved)' (Cont'd on page 10013) 1 Editor's Note: Former §100-12, Exceptions, amended 10-30-1973 by L.L. No. 5.1973, was repealed 11.28-1995 by L.L. No. 23-1995, effective January 1, 1996. 10012' 12-25-95 § 100-23 ZONING § 100-24 to have been included for the purposes of clarity and emphasis. [Amended 1-10-1989 by L.L. No. 1-19891 F. Notwithstanding the limitations imposed by any other provisions of this chapter, no building, dredging or filling operation shall be permitted below the datum of mean high water of tidal waters unless such building, dredging or filling operations have been duly authorized and are conducted in conformity with all laws, ordinances, rules and regulations of all governmental agencies having jurisdiction thereof.' § 100-24. Lot creation. [Added 11-28-1995 by L.L. No. 23-1995] A. A lot created by deed or town approval shall be recognized by the town if any one (1) of the following standards apply and if the lots have not merged: (1) The identical lot was created by deed recorded in the Suffolk County Clerk's office on or before June 30, 1983, and the lot conformed to the minimum lot requirement(s) set forth in Bulk Schedule AA3 as of the date of lot creation. (2) The lot(s) in question is/are approved by the Southold Town Planning Board. (3) The lot(s) in question is/are shown on a subdivision map approved by the Southold Town Board prior to June 30, 1983. (4) The lot(s) in question is/are approved and/or recognized by formal action of the Board of Appeals prior to June 30, 1983. 2 Editor's Note: See also Ch. 32, Boats, Docks and Wharves, and Ch. 97, Wetlands. 3 Editor's Note: Bulk Schedule AA is located a the end of this chapter. 10037 12-25-95 L § 100-24 SOUTHOLD CODE § 100-25 B. All lots which are not recognized by the town pursuant to the above section shall not receive any building permits LE. or other development entitlements. C. All lots are subject to the merger provisions of § 100-25. L § 100-25. Merger. [Added 11-28-1995 by L.L. No. 23-1995] L A. Merger. A, nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which 1� abuts with the parcel for a common course of fifty (50) feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk W schedule requirements. B. Definitions. "Common ownership" shall mean that the L parcel is held by the same person in the same percentage 1W of ownership as an adjoining parcel. C. Exceptions. Lots which are recognized under § 100-24 and meet any of the following categories shall be exempt from the merger provision set forth above and shall not be deemed merged by operation of this chapter: L (1) The nonconforming lot has a minimum size of forty JW1 thousand (40,000) square feet, or (2) The nonconforming lot obtained a lot size variance L from the Zoning Board, or r (3) If the lot is not on the maps described in former § 100-12,4 the nonconforming lot has been held in L single and separate ownership from July 1, 1983 to W7 date, or L 4 Editor's Note: Former § 100.12, Exceptions, was deleted by L L. No. 23-1995, effective January 1, 1996. a 10038 12-25-95 L § 100-25 ZONING § 100-26 (4) If the lot is on the maps described in former § 100-12, the nonconforming lot has been held in single and separate ownership from January 1, 1997, to date. D. Proof of merger. The town may require a person seeking determination of merger to provide any or all of the following documents for evaluation: (1) Proof of the date when the lot was created and the size of the lot, together with a copy of a legal description of the parcel, all to the satisfaction of the town. (2) A copy of the current tax map and survey of the lot (3) A copy of the original survey of the lot. (4) A title search showing single and separate ownership of the property from July 1, 1983, to the present time, prepared by a Suffolk County title insurance company indemnifying the Town of Southold with twenty-five thousand dollars ($25,000.) of insurance. (5) Other additional information or documentation as may be deemed necessary. E. Effect of merger. No building permit or other development entitlement will be issued by the town' until this section has been complied with. The Building De- partment will issue a written determination whether a property falls within an exemption to the merger provision. § 100-26. Waiver of merger. A. If a lot has merged, the Zoning Board of Appeals may waive the merger and recognize original lot lines upon public hearing and upon finding that: (1) The waiver will not result in a significant increase in the density of the neighborhood. 10038.1 12-25-95 § 100-26 SOUTHOLD CODE § 100-30 (2) The waiver would recognize a lot that is consistent with the size of lots in that neighborhood. (3) The waiver will avoid economic hardship. (4) The natural details and character of the and character of the contours and slopes of the lot will not be significantly changed or altered in any manner, and there will not be a substantial filling of land affecting nearby environmental or flood areas. ARTICLE III Agricultural -Conservation (A -C) District and Low -Density Residential R-80, R-120, R-200. and R-400 Districts [Last amended 1-10-1989 by L.L. No. 1-19891 § 100-30. Purpose. The purpose of the Agricultural -Conservation (A C) District and the Low -Density Residential R-80, R-120, R-200 and R-400 Districts is to reasonably control and, to the extent possible, prevent the unnecessary loss of those currently open lands within the town containing large and contiguous areas of prime agricultural soils which are the basis- for a significant portion of the town's economy and those areas with sensitive environmen- tal features, including aquifer recharge areas and bluffs. In addition, these areas provide the open rural environment so highly valued by year-round residents and those persons who support the Town of Southold's recreation, resort and second - home economy. The economic, social and aesthetic benefits which can be obtained for all citizens by limiting loss of such areas are well documented and have inspired a host of govern- mental programs designed, with varying degrees of success, to achieve this result. For its part, the town is expending large sums of money to protect existing farm acreage. At the same time, the town has an obligation to exercise its authority to reasonably regulate the subdivision and development of this land to further the same purposes while honoring the legitimate interests of farmers and other farmland owners. 10038.2 12-25-95 § 100-31 ZONING § 100-31 § 100-31. Use regulations. [Amended 3.14-1989 by L.L. No. 3-1989] In A -C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended -or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. (1) One -family detached dwellings, not to exceed one (1) dwelling on each lot. (2) [Amended 5-23-1989 by L.L. No. 8-19891 The following agricultural operations and accessory uses thereto, including irrigation, provided that there shall be no storage of manure, fertilizer or other odor- or dust -producing substance or use, except spraying and dusting to protect vegetation, within one hundred fifty (150) feet of any lot line: (a) The raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of products grown on the premises, subject to the following special requirements: [1] All buildings for display and retail sales of agricultural and nursery products grown on the premises shall not exceed one thousand (1,000) square feet in floor area or one (1) story in height. Display of produce at a roadside farm stand shall be not less than ten (10) feet from all street and lot lines. Any roadside farm stand in 10038.3 (ConVd on page 10039) 12-25-95 J Z A 4' § 100-31 ZONING § 100-31 (c) Such boat or trailer shall not be located within fifteen (15) feet of any street or lot line. (8) Horses and domestic animals other than household pets, provided that such animals shall not be housed within forty (40) feet of any lot line. Housing for flocks of more than twenty-five (25) fowl shall not be constructed within fifty (50) feet of any line. (9)5 Yard sales, attic sales, garage sales, auction sales or similar types of sales of personal property owned by the occupant of the premises and located thereon, subject to the following requirements: '. (a) Not more than one (1) such sale shall be conducted on any lot in any one (1) calendar year. (b) Adequate supervised parking facilities shall be provided. (c) No signs, except one (1) on -premises sign not larger than six (6) square feet in size displayed for a period of not longer than one (1) week immediately prior to the day of such sale, shall be permitted. (d) A permit shall be obtained therefor from the Town Clerk upon the payment of a fee of fifteen dollars ($15.). [Amended 8-24-1993 by L.L. No. 18-19931 (e) The display permit issued by the Town Clerk shall be posted on the premises so it can be read from the street and removed before sundown on the day of the sale. [Added 8-24-1993 by L.L. No. 18-19931 5 Editor's Note: Former Subsection C(9), as amended, which regulated signs, was repealed 11-29-1994 by L.L. No. 25-1994, which local law also renumbered former Subsection C(10) as C(9). For current sign provisions, see Art. XX, Signs. 10051 12-25-95 § 100-31 SOUTHOLD CODE § 100-33 (10) Wineries'may Have an accessory gift shop on the premises which may sell items accessory to wine, such as corkscrews, wineglasses, decanters, items for the storage and display of wine, books on winemaking and the region and nonspecific items bearing the insignia of the winery. Wineries may not have a commercial kitchen as an accessory use but may have a noncommercial kitchen facility for private use by the employees. [Added 11-29-1994 . by L.L. No. 26-19941 § 100=32. (Reserved)6 § 100-33. Accessory buildings. [Amended 4-10-1990 by L.L. No. 6-1990] In the Agricultural -Conservation District and Low -Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Such buildings shall not exceed eighteen (18) feet in height. B. Setbacks. [Amended 7-17-1990 by L.L. No. 14-1990; 2-5-1991 by L.L. No. 2-19911 (1) On lots containing up to twenty thousand (20,000) square feet, such buildings shall be set back no less than three (3) feet from any lot line. (2) On lots containing more than twenty thousand (20,000) square feet up to thirty-nine thousand nine hundred ninety-nine (39,999) square feet, such buildings shall be set back no less than five (5) feet from any lot line. 6 Editor's Note: Former $ 100-32, Bulk, area and parking regulations, was repealed 11-28.1995 by L.L. No. 23-1995. 10052 12-25-95 § 100-33 ZONING § 100-33 (3) On lots containing in excess of thirty-nine thousand nine hundred ninety-nine (39,999) square feet up to seventy-nine thousand nine hundred ninety-nine (79,999) square feet, such buildings shall be set back no less than ten (10) feet from -any lot line. (4) On lots containing in excess of seventy-ninb thousand nine hundred ninety-nine (79,999) square feet, such buildings shall be set back no less than twenty (20) feet from any lot line. C.7 In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front -yard setback requirements as set forth by this Code. [Added 12-22-1992 by L.L. No. 33-19921 (Cont'd on page 10054.1) 7 Editor's Note: Former Subsection C, regarding percentage of occupancy of required yard, was repealed 7.17-1990 by L.L. No. 14-1990. •10053 12-25-95 § 100-241 ZONING § 100-242 G. Whenever a nonconforming use of a building or premises has been discontinued for a period of more than two (2) years or has been changed to a higher classification or to a conforming use, anything in this Article to the contrary notwithstanding, the nonconforming use of such building or premises shall no longer be permitted unless a variance therefor shall have been granted by the Board of Appeals. § 100-242. Nonconforming buildings with conforming uses. A. Nothing in this Article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. B. Reconstruction of a damaged building. (1) A nonconforming building containing a conforming use which has been damaged by fire or other causes to the extent of more than fifty percent (50%) of its fair value shall not be repaired or rebuilt unless such building is made substantially to conform to the height and yard requirements of the Bulk Schedules (2) Application for a permit to build or restore the damaged portion of any building damaged or destroyed as set forth in Subsection B(1) above shall be filed within one (1) year of the date of such damage and shall be accompanied by plans for reconstruction which, as to such portion, shall comply with the requirements set forth above. If such permit is issued, it shall lapse one (1) year 8 Editor's Note: The Bulk Schedule is included at the end of this chapter. 10143 12-25-95 § 100-242 SOUTHOLD CODE § 100-244 thereafter unless reconstruction in accordance with the approved plans has been initiated. § 100-243. Nonconforming buildings with nonconforming uses. A. A nonconforming building containing a nonconforming use shall not be enlarged, reconstructed or structurally altered or moved unless the use of such building is changed to a conforming use. B. A nonconforming building containing a nonconforming use which has been damaged by fire or other causes to the extent of more than fifty percent (50%) of its fair value shall not be repaired or rebuilt unless the use of such building is changed to a conforming use. § 100-244. Nonconforming lots. [Amended 11-28-1995 by L.L. No. 23-19951 A. This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the town under § 100-24, are nonconforming and have not merged pursuant to § 100-25. B. Such lot shall be required to meet the following: Area Yard (square Lot Front Side Both Sides Rear fee) coverage (feet) (feet) (feet) (feet) 120,000 to 10% 75 30 60 85 199,999 100,000 to 10% 75 30 60 85. 119,999 80,000 to 15% 60 30 60 85 99,999 40,000 to 20% 60 20 45 75 79,999 10144 12-25-95 § 100-244 ZONING § 100-250 Area Yard (square Lot Front Side Both Sides Rear fee) coverage (feet) (feet) (feet) (feet) 20,000 to 20% 40 15 35 50 39,999 Less than 20% 35 15 25 35 20,000 § 100-245. Repairs and maintenance. Notwithstanding any of the foregoing regulations, nothing in this Article shall be deemed to prevent normal maintenance and repair of any building or the carrying out upon the issuance of a building permit of major structural alterations or demolitions necessary in the interest of public safety. § 100-246. Involuntary moves. Sections 100-241A and B and § 100-243A herein are not intended to apply to involuntary movements of uses or structures as a result of condemnation actions or other litigation. ARTICLE XXV Site Plan Approval [Added 1-10-1989 by L.L. No. 1-1989; amended 5-23-1989 by L.L. No. 9-1989] § 100-250. Applicability. This Article shall apply to every land use that is permitted in the Town of Southold except the single-family home use on a single and separate lot as set forth in Article III, § 100-31A(1), and customary nonagricultural accessory uses to a single-family residential home use as stated in the Town Code. Any change in use or intensity of use which will affect the characteristics of the site in terms of parking, loading, access, drainage, open 10145 12-25-95 § 100-250 SOUTHOLD CODE § 100-251 space or utilities will require site plan approval. In all cases where this chapter requires approval of site development plans by the Planning Board, no building permit shall be issued by the Building Inspector except upon authorization of and in conformity with the site plan approval by the Planning Board and all other public agencies involved. § 100-251. Findings of fact; purpose. A. The Town Board wishes to protect the unique rural and open space character of the town and hereby finds that development within the town, exclusive of the Incorporated Village of Greenport, should proceed along the lines of good order and with due regard to the public interest, including but not limited to the following: exterior design of new or renovated structures and portions thereof; the construction and location of parking areas, whether or not accompanied by new building construction; changes in the use of existing structures; the use of open land; and that the proposed site use would impact beneficially on the well-being of the population in general, increase the town's tax base and facilitate the local economy. B. It is the purpose of this Article to encourage good design and to: (1) Protect the established character and value of the adjoining properties, both public and private, and of the neighborhood in which they are located. (2) Lessen and, where possible, prevent traffic congestion on the streets and highways upon which the site fronts or which provide vehicular or pedestrian access thereto. (3) Prevent overcrowding of land or buildings. (4) Secure safety from fire, flood and other dangers and provide adequate light, air and convenience of access. 10146 12-29-95 ZONING Town of Southold Bulk Schedule AA [Added 11-28-1995 by L.L. No. 23-19951 Date of Lot Creation Lot Size Width Prior to April 9, 1957 Any Any Between April 9, 1957, and 20,000 100 December 1, 1971 Between December 2, 1971, 40,000 135 and June 30, 1983 Depth Any 150 175 12-25-95