Loading...
HomeMy WebLinkAbout1989 Code Supplement - 07/25/1989GENERAL CODE PUBLISHERS. CORP.. INSTRUCTIONS Town of Southold Code Supplement No. 48 The enclosed new and/or replacement pages should be placed in your Code volume immediately! The dateline, on thelower right • corner, does not indicate the adoption date of the Code changes, ' but rather identifies the pages printed with this supplement. The adoption date of the most recent legislation included in this supplement is 6-20- 89 (L.L. No. 12-1989).. The page numbers should always correspond with this list. REMOVE INSERT 4507- 4508 4507- 4508 Do not remove pages 4509 - 4510 4511- 4512 4511 -4512 4805 -4806 4805- 4806 9230.4.1 9230.4.1 9230.5 - 9230.6 9230.5 - 9230.6 9707 -9708 9707 -9708 10007 -10008 10007 -10008 10037- 10038 10037 -10038 10069- 10080 10069 -10080 -- 1008.0.1 Do not remove pages 10081 - 10082 10083- 10096 10083- 10096 — 10096:1 10145 - 10158 10145- 10158 — 10158.1 Appendix A10621=A10624 A10621 - A10624 • A10624.1 7-25-89 REMOVE INSERT A10803 - A10804 A10803 - A10804 Standard Drawing No. SD - 854A,. Standard Asphalt Roadway for Major Subdi- visions (immediately fol- lowing Standard Drawing No. SD -854) • --- SI -1 — SI -3 (following_ Index Divider/Instruction Page and in front of Index, Page 1) • Legislation, by number or date of adoption, included in this supplement: L.L. Nos. 4-1989; 5-1989; 6-1989; 7-1989; 8-1989; 9-1989; 10-1989; 11-1989; 12-1989; 6-6-89. 7-25-89 _ § 45-8 FIRE PREVENTION & BUILDING _ § 45-9 supervise all work done under the permit, to see that the work conforms with the approved plans and specifications, and forthwith upon its completion to make andfile with the Inspector an . affidavit or affidavits that he or they have complied with allinspection requirements of this chapter and that the work . has been carried out • according, to the approved plans and spec- ifications and in accordance with the pro- visions of the Uniform Code. In such case the Inspector may rely upon such affidavitor' af- fidavits as evidence that such building conforms substantially to the approved plans and specifications and requirements of, the Uniform Code applying to buildings of its class and kind. (2) Plans and specifications shall bear the, signature of the . person responsible for the design of the drawings. (3) In cases where the proposed work can otherwise be shown to comply with all requirements of the Uniform Code and other building laws, ordinances and regula- tions, the Building Inspector may waive the require- ment for filing plans. D. Amendments to the application or to the plans and specifications accompanying the same may be filed at any time prior to the completion of the work, subject to the ap- proval of the Building Inspector. § 45-9. Issuance or denial of building permit. A. The Building Inspector shall examine or cause to be examined all applications for permits and the plans, • specifications and documents filed therewith. He shall approve or disapprove the application within a reasonable time, and in all events within ten (10) business days. B. Upon approval of the application and upon receipt of the legal fees therefor, he shall'issue a building permit to the applicant upon' the form prescribed by him and shall affix his signature or cause his signature to be affixed thereto. 4507 7-25-89 § 45-9 SOUTHOLD CODE § 45=11 C. Upon approval of the, application, two (2) sets of plans and specifications shall be endorsed with the word "approved." One (1) set of such approved plans and specifications shall be retained in the files of the Building Inspector and the other set shall be returned to the applicant, together with the building permit, and shall be kept at the building site, open to inspection by the Building Inspector or his authorized representative at all reasonable times. • D. If the application, together with plans, specifications and other documents filed therewith, describes proposed work which does not conform to all the requirements of the Uni- form Code and all other applicable building regulations, the Building Inspector shall disapprove the same and shall return the plans and specifications to the applicant. The Building Inspector shall cause such refusal, together with the.reasons therefor, to be transmitted to the applicant in writing. § 45-10. -Performance of work under permit. A. A building permit shall be effective to authorize the com- mencing of work in .accordance with the application, plans and specifications on which it is based, for a period of eighteen (18) months after the date of its issuance. For good cause, the Building Inspector may allow an extension for a period not exceeding six (6) months. B. The issuance of a building permit shall constitute authority to the applicant to proceed with the work in accordance with the approved plans and specifications and in ac- cordance with the Uniform Code and applicable building laws, ordinances or regulations. All work shall conform to the approved application, plans and specifications. § 45-11. Building permit fees. A. Upon filing of an application for a building permit, fees shall be paid in accordance with § 100-281 of the Town Code. [Amended 6-6-89, by L.L. "No. 10-1989] 4508 7-25-89 _ § 45-15 FIRE PREVENTION & BUILDING § 45-17 tificate of occupancy is sought.. This affidavit shall state that the deponent has examined and approved plans of the structure for which a certificate of occupancy is sought, that the structure has been erected in accordance with ap- proved plans -and, as erected, complies with` the Uniform Code and .other laws governing building construction except insofar as variations therefrom have been legally authorized. Such variations shall be specified in the af- fidavit. 45-16. Inspection prior to issuance of certificate; records. . A. Before issuing a certificate of occupancy, the Building Inspector shall examine or cause to be examined all. buildings, structures and sites for which an application has been filed for a building permit to construct, enlarge, alter, . repair, remove, demolish or change the use or occupancy; and he may conduct such inspections as he deems ap- propriate from.time to time during and upon completion of the work for which a building permit has been issued. B. There shall be maintained by the Building Inspector a record of all such examinations and, inspections, together with a record of findings. of violations of the Uniform Code and other applicable laws. § 45-17. Issuance of certificate of occupancy. A. When, after final inspection, it is found that the proposed work has been completed in accordance with the Uniform Code and other applicable building laws, ordinances and regulations, and also in accordance with the application, plans and specifications filed in connection with the issuance of the • building permit, the Building Inspector, upon the payment of the fees specified in § 100-284 of the Town Code, shall issue a certificate of occupancy upon the form provided by him. If it is found that the proposed work has not been properly completed, the .Building Inspector shall refuse to issue a certificate of occupancy and shall order the work completed in conformity with the building permit and in conformity with 4511 7-25-89 § 45-17 SOUTHOLD. CODE § 45-20, the Uniform Code and other applicable building regulations. [Amended 6-6-89 by L.L. No. 10-19891 B. The certificate of occupancy shall certify that the work has been completed and that the proposed use -and occupancy is inconformity with the provisions of the Uniform Code and other applicable building .laws, ordinances .and regula- dons, and shall specify the use or uses and the extent • thereof to which the building or structure or, its several parts may be put. § .45-18. Temporary certificates of occupancy; .fee. Upon request, and the payment of a fee of fifteen dollars ($15.), the Building Inspector may issue a temporary certificate of . oc- cupancy ' for a building or structure or part thereof before the entire work covered- by the building.. permit shall have been com- pleted, provided that such -portion or portions as have been completed may be occupied safely without endangering life or the public welfare. § 45-19. Tests for compliance with standardso Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform with the requirements of the Uniform Code or the applicable building laws, ordinances or regulations, the Building Inspector may require the same to be subjected to tests in order to furnish proof of -such compliance. § 45-20. Compliance required; penalties for offenses. A. It shall be unlawful for any person, firm or corporation to • construct, alter, repair, move, remove, demolish, equip, use or occupy or maintain any building or structure or portion thereof in violation of -any provisions of this chapter, or to fail in any manner to comply with a notice, directive or order of the Building Inspector, or to construct, alter or use and occupy any building or structure or part thereof in a 4512 7-25-89 e-_ § 48-4 GARBAGE, RUBBISH AND REFUSE § 48-4 (6) Annual -fee of twenty-five dollars ($25.) for, each farm vehicle of' one -ton or more capacity transporting agricultural. waste. (7) Per -load fee of twenty-five dollars ($25.) for each double -axle truck which does not possess a permit. (8) Annual fee of one hundred dollars. ($100.) for each single -axle vehicle transporting solid waste (garbage).- • (9) Annual fee of one hundred dollars ($100.) for each commercial contractor's vehicle of more than one -ton capacity. (10) Annual fee of two hundred fifty -,dollars ($250.) .for each double -axle and/or compactor -type vehicle, trans- porting solid waste (garbage). (11) Annual fee of two hundred fifty dollars ($250.) for each commercial contractor's double -axle and/or tractor - trailer combination of more than one -ton capacity. B. [Added 11-29-88 by L.L. No. 29-19881; amended 6-20-89' by L.L. No. 11-19891 Effective July 1, 1989, in addition to the fees established in § 484A of this chapter, there shall be a fee of one cent ($0.01) per pound on loads containing .the following: (1) Heavy brush, landscaping and yard wastes, including but not limited to stumps, branches, shrubs, plants, trees, bushes and the like, but not including leaves and grass clippings. (2) Construction debris, including but not limited to scrap and waste material discarded as refuse resulting from construction. (3) Wood; including but not limited to timber, logs, boards and the like. • (4) Demolition debris, including but not limited to waste and rubble resulting from remodeling, demolition and extensive repair of structures, waste cement, concrete, masonry work, bricks, tile, sheetrock, plaster, wood, shingles and the like. 1 Editor's Note: This local law also redesignated former Subsections B, C and D as Subsections D, E and F, respectively. 4805 7 - 25 - 89 § 48-4 SOUTHOLD CODE § 48-5 (5) Rubbish, including but not limited to furniture, fixtures, television antennas, carpets, awnings, boats and other like objects that are not considered normal everyday house- hold waste. (6) Any mixed load containing one (1) or more of the above - listed wastes. C. Effective January 1, 1989, in addition to the fees established in • § 484A and B, there shall be a fee of five dollars ($5.) per item on appliances, including but not limited to white goods, refrigerators, washers, dryers; stoves, dishwashers, ovens and the like. [Added 11-29-88 by L.L. No. 29-1988] D. Issuance and duration of permits and/or licenses. All permits and/or licenses provided for in this chapter shall be issued by the Town Clerk. All annual permits (including those previous- ly issued) shall expire one (1) year from the date of the issuance thereof. E. Refund of fees. In the event that the Town Clerk has heretofore issued permits for vehicles transporting refuse into the town landfill site at Cutchogue, and the fees paid therefor exceed the fees provided for herein, the Town Clerk is hereby authorized to refund such excess fees to the holders of such permits and/or licenses. F. Amendment of fees. Notwithstanding any of the provisions hereof, the Town Board may, by resolution, change, modify or repeal any of the fees set forth in § 48-4 hereof. § 48-5. Conveyance and transportation of refuse. No person shall convey or transport refuse through the streets or public places of the Town of Southold in any cart, wagon or vehicle or by any other means unless adequate care is taken to • prevent the spilling of refuse in such public places and streets.' Editor's Note: See also Ch. 87, Littering. 4806 7-25-89 § 92-44 VEHICLES AND TRAFFIC § 92-44 Name of Street Side Location County Route 48 North In Southold, starting at a point 615 [Added 6-20-89 by feet east of Youngs Avenue, ex- L.L. No. 12-19891 tendingg easterly for a distance of 700 feet County Route 48 South In Southold, starting at a point 640 [Added 6-20-89 by feet east of Youngs Avenue, ex- L.L. No. 12=19891 tending easterly for a distance of 494 feet Locust Lane Both In Southold, from the southerly [Added 8-13-85 by, curbline of Route 25 southerly for L.L. No. 1349851 a distance of 60 feet Love Lane East In Mattituck, from the north" curb - line of Pike Street northerly for a distance of 20 feet (Cont'd on page 9230.5) • 9230.4.1 7-25-89 § 92-44 VEHICLES AND TRAFFIC § 92-45 Name of Street Side Location Love Lane Both In Mattituck, from .the south curbline of Pike Street southerly, for a•distance of 16. feet Pike Street Both In Mattituck, from the east curbline of Love Lane easterly for a distance of 16 feet Pike Street South In Mattituck, from the west curbline of Love Lane westerly for a distance of 18 feet § 9245. Fire lanes. [Added 8-12-80 by L.L. No. 4-19801 The parking of vehicles is hereby prohibited at all times in the following fire lane locations: A. At the shopping center located on the north side of New York Route 25, approximately one thousand four hundred (1,400) feet west of Cox Lane in the Hamlet of Cutchogue, commonly known as the "Key Food Shopping Center," such fire lane to be thirty (30) feet in width from the southerly sidewalk curbline on the south side (front) of the building and extending for the entire length of the store building. B. At the shopping center located on the north side of New York Route 25, having ingress and egress on both Route 25 and Factory Avenue in the Hamlet of Mattituck, commonly known as the "A & P Shopping Center," such fire lane to be twenty- four (24) feet in width, from the southerly and westerly sidewalk curbline on the south and west (front) side of the • building and extending the entire length of the L-shaped store building, i.e., four hundred sixty-six (466) feet along the southerly face of the building and two hundred twenty-two (222) feet along the westerly face. [Added 4-25-89 by L.L. No. 5-1989] 9230.5 7-25-89 ` § 92-46 SOUTHOLD CODE § 92-50 § 92-46. Parking or standing -prohibited during certain times. [Added 8-13-85.by L.L. No. 13-19851 The parking or standing_ of vehicles is hereby prohibited during the months and hours (both inclusive) in any of the following locations: Name of. Street Side Depot Lane . West During Months and Hours September to and including June ._between the hours of 8:30.a.m. and 3:30 p.m. Location Between the en= trance and exist driveways of Cut- chogue School - . . ARTICLE V -Emergency Removal of Vehicles § 92-50. Authority to remove vehicles. When any vehicle is parked .or abandoned on any highway during a snowstorm, flood, fire or other public emergency which affects that portion of the public highway upon which said vehicle is parked or abandoned, or when any vehicle is found unattended on any highway where said vehicle constitutes an obstruction to traffic, or when .any vehicle is parked or abandoned on any high- way where stopping, standing or parking is prohibited, said vehicle may be removed or caused to be removed by a police of- ficer. (Cont'd on page 9231) 9230.6 7-25-89 • • i § 97-21 WETLANDS § 97-21 D. A description of the area from which the removal or in which the deposit of material is proposed,. or in which structures are to be erected. The description shall be by bearing and distance and shall be based on a local coor- dinate system. The starting.point',of the description. shall be appropriately referenced to a permanent reference point or monument. E. The depth to which the removal or the deposit 'of material is proposed throughout the area of operations, and the proposed angle of repose of all slopes. F. The manner in which the material will be removed or deposited, or structures erected. G. Such application shall be accompanied by a survey and topographical map with contours at one -foot intervals, showing the area from which the removal or in which the deposit of materials is proposed, or in which structures are to be erected, certified by a registered land surveyor or registered professional engineer, licensed by the State of New York. Such survey and' topographical map shall show the soundings of the area in which operations are proposed to be conducted. The horizontal control of said survey shall be based on an approved local coordinate system. The vertical control for elevations and soundings shall be based on the United States Coast and Geodetic Survey datum. H. A statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations. I. A statement describing any known prior operations conducted on the premises in question and whether any prior licenses to permits have been issued to erect • structures or to dredge or deposit fill on said premises and whether any such permits or licenses were ever revoked or suspended by a governmental agency. J. Documentary proof that all other necessary permits and approvals have been obtained. 9707 7-25-89 § 97-22 SOUTHOLD CODE § 97-24 § 97-22. Waiver of certain requirements. [Amended 6-5-84 by L.L. No. 6-1984; 3-28-89 by L.L. No. 4-1989] The Trustees, upon request of the applicant for. a permit, may waive, in whole or in part, the provisions of Article II, § 97-21D, G and J, where it finds that the nature of the proposed operations "is such that the . requirements of such provisions are not necessary for a proper consideration of a permit application. § 97-23. Fees. [Amended 11-15-83 by L.L. No. 13-1983; 6-5-84 by L.L. No. 6-19841 A. Every application for a permit filed with the Clerk shall be accompanied by a filing fee of one hundred fifty dollars ($150.), no portion of which shall be refundable. [Amended 11-18-86 by L.L. No. 15-1986] B. In addition to the filing fee, the Trustees, upon the adoption of a resolution authorizing the issuance of a permit, shall determine the amount of the inspection fees to be paid by the applicant to the Clerk upon the issuance of a permit, in accordance with § 97-25C hereof. § 97-24. Processing of application. [Amended 6-5-84 by L.L. No. 6-1984] A. Investigation. Upon receipt of the application, the Clerk shall forward one (1) copy thereof to the Conservation Advisory Council and one (1) copy to the Trustees. The Conservation Advisory Council shall review said ap- plication and the effect, if any, on the wetlands and tidal waters of the town that may result from the proposed operations and shall,' within twenty (20) days of receipt of the same, forward its written report of findings and recom- • mendations with respect to such application to the Trustees. If the Conservation Advisory Council shall rec- ommend that such application be disapproved, the reasons for such disapproval shall be set forth in such report. 9708 ' 7-25-89 ZONING § 100-232. Corner; lots. § 100-233. Building length and separation for buildings con- § 100-242. taining multiple dwellings. § 100-234. Courts. § 100-235. Access requirements. §100-236. Open storage. • Prohibited in districts. § 100-237. uses all § 100-238. Provisions for community water, sewer and utility facilities. § 100-239. Land under water; filled land. § 100-239.1. Excavations. - § 100-239.2. Tourist camps, camp cottages and trailers. § 100-239.3. Berms. § 100-239.4. Building setback requirements adjacent to water bodies and wetlands. ARTICLE XXIV Nonconforming Uses and Buildings § 100-240. Purpose. § 100-241. Nonconforming. uses. § 100-242. Nonconforming buildings with conforming uses. § 100-243. Nonconforming buildings with nonconforming uses. § 100-244. Nonconforming lots. • § 100-245. Repairs and maintenance. § 100-246. Involuntary moves. 10007 7-25-89 SOUTHOLD CODE ARTICLE XXV Site Plan Approval § 100-250. Applicability. § 100-251. Findings of fact; purpose. § 100-252. Objectives. § 100-253. Approval of site plan required. § 100-254. Review procedure. § 100-255. Duration of plan. § 100-256. Application requirements; fees. ARTICLE XXVI Special Exception Uses § 100-260. Purpose. § 100-261. Special exception uses; approval required. § 100-262. Application; hearing; approval; violations of condi- tions. § 100-263. General standards. § 100-264. Matters to be considered. § 100-265. Additional conditions and safeguards. ARTICLE XXVII Board of Appeals § 100-270. Appointment; membership. § 100-271. Powers and duties. § 100-272. Additional conditions and safeguards. § 100-273. Rules of conduct and procedure. § 100-274. Fees. § 100-275. Notice of hearing. 10008 7-25-89 § 100-23 ZONING § 100-30 to have been included for the purposes of clarity and emphasis. [Amended 1-10-89 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.4 ARTICLE III Agricultural -Conservation (A C) District and Low -Density Residential R-80, R-120, R-200 and R-400 Districts [Last amended 1-10-89 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 environmental features, including aquifer recharge areas and bluffs. In addition, these areas provide the open rural environ- ment 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 governmental 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. 4 Editor's Note: See also Ch.'32, Boats, Docks and Wharves, and Ch. 97, Wetlands. 10037 7-25-89 § 100-31 SOUTHOLD CODE § 100-31 § 100-31. Use regulations. [Amended 3-14-89 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 5-23-89 by L.L. No. 8-1989] 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 excess of fifty (50) square feet in floor area shall be set back twenty (20) feet from the street line. Any stand in existence at the effective date of this chapter must, within one (1) year, comply with all of the provisions hereof. • [2] All signs shall conform to the provisions of § 100-31C(9). [3] Off-street parking as required in the Parking Schedule shall be provided and shall be approved by the Planning Board. Any roadside 5 Editor's Note: See § 100-191A for the Parking Schedule. 10038 7-25-89 § 100-61 ZONING § 100-62 (6) Tourist camps as regulated, by'.Chapter 88, Tourist and Trailer Camps, of the Town Code. (7) Freestanding restaurants. C. [Amended 5-9-89 by L.L. No. 6-19891 Accessory uses. The following uses are permitted as accessory uses and, except for 1 residential accessory uses and signs, which are governed by • I Article XX, are subject to site plan review: (1) Any accessory use set forth in and as regulated by § 100- 31)(1) through (7) of the Agricultural -Conservation District. (2) Signs as regulated by § 100-31)(9) of the Agricultural - Conservation District; and, in the case of a hotel, motel resort, tourist camp, country club, beach club, swim club or tennis club, if the building is set back twenty-five (25) feet; one (1) freestanding or ground -illuminated sign with a maximum area of eighteen (18) square feet may be permitted at the entrance, set back a minimum of fifteen (15) feet from the street line. (3) Sanitary and laundry facilities. (4) Accessory uses set forth in and as regulated by § 100- 42C(3) of the Hamlet Density Residential District. § 100-62. Bulk, area and parking regulations. Except as otherwise provided herein, no buildings or premises shall be used and no building or part thereof shall be erected or altered in the Residential RR 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 fu11.13 13 Editor's 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. 10069 7-25-89 § 100-70 SOUTHOLD CODE § 100-71 ARTICLE VII Residential Office (RO) District [Added 1-10-59 by L.L. No. 1-1959141 § 100-70. Purpose. The purpose of the Residential Office (RO) District is to provide a transition area between business areas and low-density residential • development along major roads which will provide opportunity for limited nonresidential uses in essentially residential areas. § 100-71. Use regulations. In the Residential Office (RO) District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. (1) One -family detached dwellings, not to exceed one (1) dwelling on each lot. (2) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. 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 and subject to site plan approval by the Planning Board, provided that not more than one (1) use shall be allowed for each forty thousand (40,000) square feet of lot area: (1) Special exception uses as set forth in and regulated by • § 100-3113(1) through (7) of the Agricultural -Conservation District. (2) Professional offices and business offices. (3) Funeral homes. 14 Editor's Note: This local law also repealed former Art. VII, B-1 General Business District, as amended. 10070 7-25-89 § 100-71 ZONING § 100-71 (4) Bed -and -breakfast uses as set forth in and regulated by § 100-31B(15), except that no site plan approval is required. (5) Libraries, museums or art galleries. C. [Amended 5-9-89 by L.L. No. 6-1989] 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 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. (2) The following signs, subject to the supplementary sign regulations set forth in Article XX: (a) One (1) indirectly illuminated nameplate or profes- sional sign not more than two (2) square feet in area. (b) One (1) real estate sign, either single- or double- faced, not larger than twelve (12) square feet in size on any one (1) or more lots, advertising the sale or lease of only the premises on which it is maintained and set back not less than fifteen (15) feet from any lot line; where acreage or a subdivision has a continuous frontage of five hundred (500) feet or more, said sign may not exceed twenty-four (24) square feet in size. (c) One (1) bulletin board or other announcement or identification sign for uses permitted by § 100- 31B(3), (4), (5) and (6), not more than eighteen (18) square feet in area, located not less than fifteen (15) • feet from any street or lot line. (3) Accessory uses set forth in and regulated by § 100-42C(3) of the Hamlet Density Residential District. 10071 7-25-89 § 100-72 SOUTHOLD CODE § 100-81 § 100-72. Bulk, area and parking . regulations. No building or premises shall be used and no building or part thereof shall, be erected or altered ,in the Residential Office (RO) District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter, with the same force and effect as if such regulations were set forth herein in full.15 ARTICLE VIII Limited Business (LB) District [Added 1-10-89 by L.L. No. 1-198916] § 100-80. Purpose. . The purpose of the Limited Business (LB) District is to provide an opportunity to accommodate limited business activity along highway corridors, but in areas outside the hamlet central business areas, that is consistent with the rural and historic character of surrounding areas and uses. Emphasis will be placed on review of design features so that existing and future uses will not detract from surrounding uses. The additional uses must generate low amounts of traffic and be designed to protect the residential and rural character of the area. § 100-81. Use regulations. In the LB District, no building 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) Any permitted use as set forth in and regulated by § 100- • 31A of the Agricultural -Conservation District. (2) The following uses are permitted usessubject to the site plan approval by the Planning Board: 15 Editor's 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. 16 Editor's Note: This local law also repealed former Art. VIII, C Light Industrial District, as amended. 10072 7-25-89 § 100-81 ZONING § 100-81 (a) Retail businesses complementary to the rural and historic character of the surrounding area, limited to the following: [1] Antique, art and craft shops and gallaries. [2] Custom workshops and machine shops. [3] Wholesale or retail sale and accessory storage • and display of garden materials and plants, including nursery operations, provided that the outdoor storage or display of plants and materi- als does not obstruct pedestrian flow or vehicu- lar traffic and does not occur within three (3) feet of the property line. [4] Libraries or museums. (b) Professional and business offices. (c) Funeral homes. (d) Restaurants, except drive-in restaurants. (e) Personal service stores and shops, including barber- shops, beauty parlors, professional studios and travel agencies. (f) Repair shops for household, business or personal appliances, including cabinet shops, carpenter shops, electrical shops, plumbing shops, furniture repair shops and bicycle and motorcycle shops, landscaping and other service businesses. (g) Wholesale and warehousing. (h) Retail uses supplemental to the service business establishment. • 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 and, except for bed - and -breakfast uses, are subject to site plan approval by the Planning Board: 10073 7-25-89 § 100-81 SOUTHOLD CODE § 100-81 (1) 'Any special exception use as set forth in and regulated by § 100-31B of the Agricultural -Conservation District. C. [Amended 5-9-89 by L.L. No. 6-1989] 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) Any accessory use as set forth in and regulated by § 100- • 31C(1) through (8) of the Agricultural -Conservation District, and subject to the conditions set forth in § 100- 33 thereof. - (2) Signs, subject to the following requirements: (a) Freestanding or ground signs: where the building is set back twenty-five (25) feet or more from the street, one (1) sign, single- or double-faced, not more than eighteen (18) square feet, the lower edge of which shall be not less than four (4) feet above the ground, unless attached to a wall or fence, and the upper edge of which shall not extend more than fifteen (15) feet above the ground, which sign shall be set back not less than fifteen (15) feet from all street and property lines and shall advertise only the business conducted on the premises. As used in this subsection, the word "premises shall mean all contiguous property in common ownership. (b) Wall signs: one (1) sign attached to or incorporated in each building wall on a public street and advertising only the business conducted in such building, provided that such sign does not: [1] Exceed one (1) square foot in total area for each • horizontal foot of such wall. [2] Exceed in width one hundred percent (10096) of the horizontal measurement of such wall. 10074 7-25-89 § 100-81 - ZONING § 100-91 [3] Exceed three (3) feet in height. [4] Project more than one (1) foot from such wall. § 100-82.. Bulk, area and parking regulations. Except as otherwise provided herein, no buildings or premises shall be used and no building or part thereof shall be erected or altered in the LB 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.17 ARTICLE IX Hamlet Business (HB) District [Added 1-10-89 by L.L. No. 1-198918] § 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: 17 Editor's 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. 18 Editor's Note: This local .law also repealed former Art. IX, C-1 General Industrial District, as amended. 10075 7-25-89 § 100-91 SOUTHOLD CODE § 100-91 A. [Amended 5-9-89 by L.L. No. 6-1989] Permitted uses. The following are permitted uses and, except for those uses permitted under Subsection A(1) and (2) 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. (6) Retail stores. (7) Restaurants, excluding drive-in restaurants. (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 appli- ances, 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. 10076 7-25-89 § 100-91 ZONING § 100-91 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 (14) and (15) of the Agricultural • Conservation District. (2) Multiple dwellings and townhouses. (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 one (1) acre. (4) Apartments may be permitted over retail stores, 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 establishment 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 habita- tion, 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. 10077 7-25-89 § 100-91 SOUTHOLD CODE § 100-91 (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. (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 agree- ments, contracts, easements, covenants, deed restric- tions or other legal instruments running in favor of the town as, upon recommendation 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, main- tained 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) Bed -and -breakfast enterprises or boarding and/or tourist homes as set forth and regulated by § 100-61B(5) of the Resort Residential (RR) District. 10078 7-25-89 § 100-91 ZONING § 100-93 (6) Fraternal or social institutional offices or meeting halls. (7) Drinking establishments. (8) Public garages. (9) Funeral homes. • C. [Amended 5-9-89 by L.L. No. 6-1989] 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- 31)(1) through (7) of the Agricultural -Conservation District, and subject to the conditions set forth in § 100- 33 thereof. (2) Signs, as set forth in § 100-81C(2) of the Limited Business District. (3) Directional or informational signs, not exceeding two (2) square feet, which the Planning Board finds to be necessary to facilitate circulation throughout the district. § 100-92. Hulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altbred 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.19 40 § 100-93. Uses confined to enclosed buildings. All uses permitted in the HB District, including the display and sale of merchandise and the storage of all property, except living plants, shrubs and trees, shall be confined to fully enclosed buildings on the premises. 19 Editor's 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. 10079 7-25-89 § 100-100 SOUTHOLD CODE § 100-101 ARTICLE X General Business (B) District [Added 1-10-89 by L.L. No. 1-198920] § 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 5-9-89 by L.L. No. 6-1989] 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 (18) of the Hamlet Business District. (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. 20 Editor's Note: This local law also repealed former Art. X, Tourist Camps, Camp Cottages and Trailers. 10080 7-25-89 § 100-101 ZONING § 100-101 (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. 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 as set forth in and regulated by § 100-31B(2) to (13) of the Agricultural -Conservation District. (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 one (1) acre. • (Cont'd on page 10081) 10080.1 7-25-89 § 100-101 ZONING § 100-101 (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 atten- dant is absent from the control console for any reason 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. 10083 7-25-89 § 100-101 SOUTHOLD CODE § .100-101 (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. C. [Amended 5-9-89 by L.L. No. 6-1989] 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 § 1007 31C(1) through (8) of the Agricultural -Conservation District, subject to the conditions set forth in § 100-33 thereof. (2) Wall signs as set forth and regulated in § 100-81C(2xb) of the Limited Business District. (3) Freestanding or ground signs. Where the building is set back twenty-five (25) feet or more from the street, one (1) sign, single- or double-faced, not more than twenty-four (24) square feet, the lower edge of which shall be not less than four (4) feet above the ground, unless attached to a wall or fence and the upper edge of which shall not extend more than fifteen (15) feet above the ground shall be permitted, which sign shall be set back not less than fifteen (15) feet from all street and property lines and shall advertise only the business conducted on the premises. As used in this subsection, the word "premises" shall mean all contiguous property in common ownership. (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. 10084 7-25-89 § 100-102 ZONING § 100-111 § 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 regulation were set forth herein in full 21 is ARTICLE XI Marine I (MI) District [Added 1-10-89 by L.L. No. 1-198922] § 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 water -related uses, which are those uses which require or benefit from direct access to or location in marine or tidal waters but which are located within the town's tidal creeks or natural coves. § 100-111. Use regulations. In an MI 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 5-9-89 by L.L. No. 6-1989] 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) One (1) one -family detached dwelling per single and separate lot of record in existence as of the date of adoption of this Article. 21 Editor's 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. 22 Editor's Note: This local law also repealed former Art. XI, General Regulations, as amended. 10085 7-25-89 § 100-111 SOUTHOLD CODE § 100-111 (2) Marinas for the docking, mooring and accommodation of recreational or commercial boats, including the sale of fuel and oil primarily for the use of boats accommodated in such marinas. (3) Boat docks, slips, piers or wharves for pleasure or fishing trips or for vessels engaged in fishery or shellfishery. (4) Boatyards for building, storing, repairing, renting, selling or servicing boats, which may include the following as an accessory use: office for the sale of marine equipment or products, dockside facilities for dispensing of fuel and, where pumpout stations are provided, rest room and laundry facilities to serve overnight pa- trons. (5) Boat and marine engine repair and sales and display, yacht brokers and marine insurance brokers. (6) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. (7) Retail sale or rental of fishing, diving or bathing supplies and equipment if accessory to a marina or boatyard or ship's loft or chandlery. 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) Beach clubs, yacht clubs or boat clubs, including uses accessory to them, such as swimming pools, tennis courts and racquetball facilities. (2) Mariculture or aquaculture operations or research and development. C. [Amended 5-9-89 by L.L. No. 6-1989] 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: 10086 7-25-89 § 100-111 ZONING § 100-121 (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 of § 100-33 thereof. (2) Signs, as set forth in and regulated by § 100-81C(2) of the Limited Business District. • ' § 100-112. Bulk, area and parking regulations. No building shall be used and no building or part thereof shall be erected or altered in the MI 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 if such regulations were set forth herein in fu11.23 ARTICLE XII24 Marine II (MII) District [Added 1-10-89 by L.L. No. 1-1989] § 100-120. Purpose. The purpose of the Marine II (MII) District is to provide a waterfront location for a wide range of water -dependent and water - related uses, which are those uses which require or benefit from direct access to or location in marine or tidal waters and which, in general, are located on major waterways, open bayfronts or the Long Island Sound. § 100-121. Use regulations. In the MII 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 [one (1) use per eighty thousand (80,000) square feet of land above mean high water, unless otherwise specified]: 23 Editor's 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. 24 Editors Note: Former Art. XII, Board of Appeals, was renumbered as Art, XXVII 1-10- 89 by L.L. No. 1-1989. 10087 7-25-89 § 100-121 SOUTHOLD CODE § 100-121 A. [Amended 5-9-89 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) One (1) one -family detached dwelling per single and separate lot of record in existence as of the date of adoption of this Article. • (2) Marinas for the docking, mooring and accommodation of recreational or commercial boats,, including the sale of fuel and oil primarily for the use of boats accommodated in such marina. (3) Boat docks, slips, piers or wharves for charter boats carrying pasengers on excursions, pleasure or fishing trips or for vessels engaged in fishery or shellfishery. (4) ' Beach clubs, yacht clubs or boat clubs, including uses accessory to them, such as swimming pools, tennis courts and racquetball facilities. (5) Boatyards for building, storing, repairing, renting, selling or servicing boats, which may include the following as an accessory use: office for the sale of marine equipment or products, dockside facilities for dispensing of fuel and, where pumpout stations are provided, rest room and laundry facilities to serve overnight patrons. (6) Mariculture or aquaculture operations or research and development. (7) Boat and marine engine repair . and sales and display, yacht brokers or marine insurance brokers. (8) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire • districts. (9) Retail sale of rental of fishing, diving or bathing supplies and equipment if accessory to a marina or boatyard or ship's -loft or chandlery. 10088 7-25-89 § 100-121 ZONING § 100-121 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) Restaurants, excluding outdoor counter service, drive-ins or curb -service establishments. Such prohibition shall not prevent service at tables on a covered or uncovered • terrace or porch incidental to a restaurant. (2) Ferry terminals. (3) Transient hotels or motels, subject to the following conditions: (a) The minimum area for such use shall be not less than three (3) acres. (b) The number of guest rooms permitted in the hotel or motel shall be determined by the proportion of the site utilized for such use and the availability of public water and sewer. The maximum number of guest units shall be one (1) unit per four thousand (4,000) square feet of land with public water and sewer. (4) Fish processing plants. (5) Fish markets, which may include a combination of wholesale and retail sale of finfish and shellfish. (6) Museums with a nautical theme or art galleries. C. [Amended 5-9-89 by L.L. No. 6-1989] 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 as set forth in and regulated by § 100- 31C(1) through (7) of the Agricultural -Conservation District, and subject to the conditions of § 100-33 thereof. (2) Signs, as set forth in and regulated by § 100-81C(2) of the Limited Business District. 10089 7-25-89 §- 100-122 SOUTHOLD CODE § 100-131 § 100-122. Bulk, area and parking regulations. - No building shall be used and no building or part thereof shall be erected or altered in the MII 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 if such regulations were set forth herein in fu11.25 • ARTICLE XIII Light Industrial Park/Planned Office Park (LIO) District [Added 1-10-89 by L.L. No. 1-198926] § 100-130. Purpose. The purpose of the Light Industrial Park/Planned Office Park (LIO) District is to provide opportunity for the location of business and professional offices, research facilities, industrial uses and similar activities .in An open, campus -like setting in areas which are not appropriate for commercial activity or low-density residential development. In this area, such uses can be established in an attractive environment and serve both as a means of preserving the open qualities of an area and providing an area adjacent to hamlet areas where such uses can be appropriately developed with suitable protection for ground- and surface waters. All uses must conform to Suffolk County Health Department standards. § 100-131. Use regulations. In the LIO 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 • purpose except the following: 25 Editor's 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. 26 Editor's Note: This local law also repealed former Art. XIII, Site Plan Approval, as amended. For current provisions, see Art. XXV, Site Plan Approval. 10090 7-25-89 - § 100-131 ZONING § 100-131 A. [Amended 5-9-89 by L.L. No. 6-1989] 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 uses set forth in and as regulated by § 100-31A(2) and (3) of the Agricultural -Conservation • District. (2) Any permitted uses set forth in and as regulated by § 100-101A(3) to (5) of the General Business District. (3) Office buildings for businesses, governmental and professional uses, including administrative training, data processing, publication, financial and sales offices. (4) Telephone exchanges. (5) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. B. 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, subject to site plan approval by the Planning Board: (1) Any special exception use set forth in and as regulated by § 100-101B(5), (7) and (10) of the General Business District. (2) Light industrial uses involving the fabrication, reshaping, reworking, assembly or combining of products from previously prepared materials and which do not involve the synthesis of chemical or chemical products other than for pharmaceutical or research purposes or the process- ing of any raw materials except agricultural raw materials. Such uses may include industrial operations such as electronic, machine parts and small component assembly, as opposed to heavy industrial operations such as automobile assembly or milling activities, and will be subject to the following conditions: 10091 7-25-89 § 100-131 SOUTHOLD CODE § 100-131 (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. (3) 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. [Amended 5-23-89 by L.L. No. 7-1989] (4) Public utility structures and uses. (5) Printing or publishing plants. (6) Truck or bus terminals (garages, parking facilities, loading docks, etc.). (7) Food processing and packaging plants, not including fish processing plants. (8) Wholesale and retail sales and repair of boats and marine items. (9) Boat building, boat servicing and boat storage facilities (10) Restaurants. (11) Sauerkraut manufacturing plants. • (12) Basic Utility Stage II airport, subject to the following conditions: 10092 7-25-89 4 § 100-131 ZONING § 100-131 (a) Minimum parcel size shall be one hundred (100) acres. (13) Bed -and -breakfast uses as set forth in and as regulated by § 100-31B(15), provided that no site plan approval is. required. C. [Amended 5-9-89 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 on the same lot with and customarily incidental to any permitted or special exception use and not involving a separate business. (2) Wall signs as set forth in and regulated by § 100- 81C(2Xb) of the Limited Business District, limited to a maximum size of thirty (30) square feet in area. (3) Freestanding or ground signs as set forth in and regulated by § 100-101C(3) of the General Business District. (4) Fully enclosed storage facilities incidental to the principal use. (5) Open storage as set forth in and regulated by § 100- 101C(4) of the General Business District. (6) Indoor and outdoor recreation facilities for the exclusive use of executives and employees of the principal use and their families. (7) In-service training schools for employees of the principal use. • (8) Private garages for the storage and service of motor vehicles owned by the owner of the principal use or the executives or employees thereof, or visitors thereto, including the sale of them, but not to the public generally of gasoline, oil and minor accessories. 10093 7-25-89 § 100-131 SOUTHOLD CODE § 100-140 (9) Central heating and power plants accessory to the principal use and the service of all structures on the premises. (10) Maintenance and utility shops incidental to the principal use. (11)Off-street parking and loading. Said areas shall not be nearer than fifty (50) feet to any lot line or street and, if • generally adjacent to any street or any residence district, shall be suitably screened by a landscaped strip of at least ten (10) feet in width. § 100-132. 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 LIO Light Industrial Park/ Planned Office Park 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 fu11.27 ARTICLE XIV28 Light Industrial (LI) District [Added 1-10-89 by L.L. No. 1-1989] § 100-140. Purpose. The purpose of the Light Industrial (LI) District is to provide an opportunity for business and industrial uses on smaller lots than would be appropriate for the LIO Light Industrial Park/Planned Office Park District. • 27 Editor's 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. 28 Editor's Note: Former Art. XIV, Administration and Enforcement, was renumbered as Art. XXVIII 1-10-89 by L.L. No. 1-1989. 10094 7-25-89 i § 100-141 ZONING § 100-141 § 100-141. Use regulations. In the LI 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 purpose except the following: A. [Amended 5-9-89 by L.L. No. 6=1989] 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 uses set forth in and as regulated by § 100-31A(2) and (3) of the Agricultural -Conservation District. (2) Any permitted uses set forth . in and as regulated , by § 100-131A(2) to (5) of the Light Industrial Park/Planned Office Park District. B. 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: (1) Any special exception use set forth in and as regulated by § 100-131B(1) to (11) of the Light Industrial Park/ Planned Office Park District. (2) Bed -and -breakfast uses as set forth in and as regulated by § 100-31B(15), provided that no site plan approval is required. C. [Amended 5-9-89 by L.L. No. 6-1989] 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 on the same lot with and customarily incidental to any permitted or special exception use and not involving a separate business. 10095 7-25-89 § 100-141 SOUTHOLD CODE § 100-150 (2) Wall signs as set forth and as regulated by § 100- 81C(2)(b) of the Limited Business District, limited to a maximum of thirty (30) square feet in area. (3) Freestanding or ground signs as set forth in and as regulated by § 100-101C(3) of the General Business District. (4) Accessory uses as set forth in and as regulated by § 100- • 131C(3) and (7) through (10) of the Light Industrial Park/ Planned Office Park District. § 100-142. 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 LI Light Industrial 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 fu1129 ARTICLE XV30 Density, Minimum Lot Size and Bulk Schedules [Added 1-10-89 by L.L. No. 1-1989] § 100-150. Repeal of existing schedule; incorporation of new schedules. The existing Bulk and Parking Schedule incorporated into this chapter by reference is hereby repealed, and the Density, Minimum Lot Size and Bulk Schedules hereinafter set forth are substituted in place thereof.31 • 29 Editor's 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. 30 Editor's Note: Former Art. XV, Amendments, was renumbered as Art. XXIX 1-10-89 by L.L. No. 1-1989. 31 Editor's Note: The Density, Minimum Lot Size and Bulk Schedules are included at the end of this chapter. 10096 7-25-89 E • § 100-151 ZONING § 100-180 § 100-151. Conformance required. Except as otherwise provided in this chapter, no building or premises shall be used or occupied and no building or structure or part thereof shall be erected or altered in a use district unless the same conforms to the Density and Minimum Lot Size Schedules and the Bulk Schedules hereinafter set forth 32 ARTICLE XVI (Reserved) ARTICLE XVII (Reserved) ARTICLE XVIII Cluster Development [Added 1-10-89 by L.L. No. 1-1989] § 100-180. Purpose. The purpose of this Article is to encourage flexibility and innovation in the design of residential development that cannot be achieved on many sites through adherence to traditional zoning and subdivision regulations. Further, the application of the cluster development technique is intended to achieve: - A. Maximum reasonable conservation of land and protection of groundwater supply and groundwater recharge areas. B. Preservation of agricultural activity by encouraging retention of large continuous areas of agricultural use. (Cont'd on page 10097) 32 Editor's Note: The Density, Minimum Lot Size and Bulk Schedules are included at the end of this chapter. 10096.1 7-25-89 § 100-244 ZONING § 100-250 Lot Yard - Area Width Depth. Front Side Both Sides Rear (square feet) Coverage (feet) (feet) (feet) (feet) (feet) (feet) 20,000 2013/6 120 140 40 15 35 50 to 40,000 Less than 20% 80 100 35 15 25 35 20,000 C. In the case of single and separate ownership of a nonconform- • ing lot located in a subdivision plat, approved after April 9, 1957, by the Planning Board of the Town of Southold and filed with the County Clerk of Suffolk County, relief for all front, side and rear yard and area dimensions shall be granted to the extent that such front, side and rear yard and area dimensions were required at the time the map was originally filed with the. County Clerk of Suffolk County. § 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 1-10-89 by L.L. No. 1-1989; amended 5-23-89 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 10145 7-25-89 § 100-250 SOUTHOLD CODE § 100-251 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 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. Mndings 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 7-25-89 § 100-251 ZONING § 100-252 (5) Mitigate the environmental impacts of new development on the land, air and water resources. § 100-252. Objectives. In considering and acting upon site development plans, the ® Planning Board shall take into consideration the public health, safety and welfare, the economic impact and the comfort and convenience of the public in general and the residents of the immediate neighborhood in particular and -may prescribe appropriate conditions and safeguards as may be required in order that the result of its action may, to the maximum extent possible, further the expressed intent of this chapter and the accomplishment of the following objectives in particular: A. T!raffic access: that all proposed traffic accessways are adequate but not excessive in number; adequate in width, grade, alignment and visibility; are located in proper relationship to intersections, pedestrian crossings and other places of public assembly; and, further, are in conformance with overall traffic safety considerations. Other public agencies may require further improvements above and beyond the town's requirements. Roadway improvements not directly in front of the site may be necessary and required, based on overall traffic circulation and signalization of adjacent access points and streets. B. Interior circulation and parking: that adequate off-street parking and loading spaces are provided to satisfy the parking needs of the proposed uses on site and that the interior circulation system is so designed to provide convenient access to such spaces consistent with pedestrian safety, and, further, that loading areas shall not impede the flow of interior • pedestrian and vehicular traffic. Handicap accessibility shall be provided and placed at the nearest point to the proposed structure. C. Landscaping and screening: that all parking, service and similar areas are screened at all seasons of the year from view 10147 7-25-89 § 100-252 SOUTHOLD CODE § 100-252 of adjacent residential districts and streets and that the landscaping of the site complements the intended use. Existing trees of at least six (6) inches or more in diameter measured three (3) feet above the base of the trunk shall be retained to the maximum extent possible. D. Natural features: that high priority shall be given to: (1) The conservation of all natural features on and adjacent to the site, including but not limited to natural drainage - courses, fresh- and saltwater wetlands and marshes, dunes, bluffs, beaches, escarpments, woodlands, large trees, unique plant and wildlife habitats, flood hazard areas and wildlife breeding areas. (2) The protection of ground- and surface water from contamination by pollutants. (3) The protection of air quality. E. Pavement: that all other paved areas intended for use by pedestrians and vehicles shall make use of an aesthetically pleasing and safe combination of pavements and plant materials which would serve to encourage their use by pedestrians and vehicles. F. Lighting: that all outdoor lighting shall be of such a nature and so arranged as to minimize the projection of direct light and glare onto adjoining properties and streets. Outdoor lighting shall be compatible with the intended use and also the zoning district, particularly in or adjacent to residential zones. G. Public address intercom or sound systems: that any sound or public-address system shall be located to minimize sound to adjoining properties or on the adjacent street. H. Grading and drainage: that all site developments shall respect existing grades on site and on adjoining sites to avoid unnecessary excavation or filling and that all stormwater runoff generated on site will be retained on site in an environmentally acceptable manner. All grading and drainage plans must meet with the requirements of the Town Engineer and/or Superintendent of Highways. 10148 7-25-89 i § 100-252 ZONING § 100-253 1. Public utilities: that plans for water supply and sewage disposal, cable, telephone, electricity, gas, etc., shall be considered and included in this section and shall conform to such public requirements and standards as may exist. J. Existing development and Comprehensive Development Plan: that the development proposed is at a scale consistent with • existing development and with the Comprehensive Develop- ment Plan of the Town of Southold. - K. Architectural features: that the architectural features of proposed buildings and signs are in character with that generally prevailing in the neighborhood. L. Handicapped access: that the site plan and building design shall accommodate_ the needs of the handicapped and be in conformance with the applicable state and local standards concerning the same. § 100-253. Approval of site plan required. A. No building permit shall be issued for any structure or building as defined by Chapter 100, Zoning, until an approved site development plan or approved amendment of any such plan has been secured by the applicant from the Planning Board and presented to the Building Inspector, along with all necessary approvals and permits as may be required by other public agencies. B. No regrading, clearing, tree removal or any other work in preparation of future use of a site, except limited clearing needed to undertake survey work or soils investigations,, may take place or be permitted to take place until the site plan has been approved by the Planning Board. • C. No certificate of occupancy shall be issued for any building, structure, premises,, lot or use of land covered by this Article unless the structure has been completed (whether the struc- ture is being constructed, renovated, reconstructed, altered, moved or put into use), and the site is developed in accordance with an approved site development plan or approved amend- ment of any such plan. 10149 7-25-89 § 100-253 SOUTHOLD CODE § 100-254 D. Upon request of the owner or his authorized agent for a certificate of occupancy, the Building Inspector shall issue the certificate, provided that said Building Inspector, along with the Planning Board, shall find that such building or structure and site is in conformity with the approved site plan. E. After a certificate of occupancy is issued, there shall be no exterior alterations of a building that expand the footprint or any revisions of the site or changes of use without first obtaining Planning Board approval. F. Failure to obtain site plan approval shall be a violation of this Article and shall be subject to such penalties as are set forth in § 100-285 of this chapter. G. Upon recommendation of the Planning Board and approval of the Town Attorney, the Building Inspector may revoke an existing certificate of occupancy upon a showing that the subject premises is being occupied or used in violation of an approved site plan and may direct that such occupancy or use be discontinued. The Town Attorney is authorized to com- mence proceedings in a court of appropriate jurisdiction to restrain said use or occupancy. § 100-254. Review procedure. A. Presubmission conference. Prior to the submission of a site development plan, the applicant or his agent shall meet with the Planning Board or its representative. The purpose of such conference shall be to discuss proposed uses or development plan elements that shall be submitted to the Planning Board in order for said Board to determine conformity with the provisions and intent of this Article. Said meeting shall take place within thirty (30) calendar days from the date of written request therefor. • B. Site development plan. Nine (9) copies of the site development plan application and any related information as defined during the presubmission conference shall be submitted to the Planning Board within four (4) months of the presubmission 10150 7-25-89 § 100-254 ZONING § 100-254 conference. If a site development plan application is not submitted within four (4) months following a presubmission conference, another conference may be required by the Planning Board. (1) Within ten (10) business days of receipt of the application, the Planning Board shall determine whether to accept, • reject or request revision of the application. (2) If the Planning Board determines said application to be acceptable but in need of revision, it shall notify the. applicant, in writing, wherein said application is deficient within thirty (30) business days. (3) In the ease of a variance or special exception application requiring site plan approval, -the site development plan. application shall be subjected to preliminary review and written comments by the Planning Board within sixty (60) days of such request by the Board of Appeals. (a) In no case may the Planning Board grant site plan approval prior to the issuance of a special exception by the Zoning "Board of Appeals, if such is required. (b) Before the Planning Board can approve any applica- tion for the amendment of a use or structure for which a special exception was granted, the applicant must obtain permission from the Zoning Board of Appeals to expand or otherwise alter or change either the use or the structure. (4) The Planning Board may vary or waive parking requirements, provided that such change will not have a detrimental effect on the public health, safety or general welfare and will not have the effect of nullifying the intent and provision of the Zoning Code. • (a) The Planning Board may allow or require landscap- ing to be installed in place of specified parking spaces. 10151 7-25-89 § 100-254 SOUTHOLD CODE § 100-254 (b) On any site for which the Planning Board grants approval for less than the required number of spaces for that use, the Planning Board shall have the right to review the parking requirements again if a change of use is proposed. (5) Review of a new site plan for a lot on which an approved site plan already exists shall not proceed until the approved plan is withdrawn by the applicant. C. When the Planning Board determines said application to be acceptable, it shall, within ten (10) business days of such determination, distribute said application and documentation to the town, county and state agencies having jurisdiction, for their comment. D. Upon receipt and review of written comments from each of the agencies to which the proposed site plan was distributed, the Planning Board shall, within a reasonable period of time, not to exceed thirty (30) days, determine whether to require revisions to the proposed plan. E. No decision on the application shall be made until the State Environmental Quality Review Act' process is completed. F. After the Planning Board has determined that the proposed site plan is suitable for approval, it shall: (1) Forward the plan to the Building Inspector for final review and certification. (2) Forward the plan to the Fire Commissioner of the fire district within which the site is located for a determina- tion as to whether a fire well is needed and, if so, its location. (3) Notify the applicant, in writing, to make an application for the appropriate curb cut permits. (4) Submit the proposed site plan to the Suffolk County • Planning Commission in accordance with the provision of the Suffolk County Charter, if necessary. 1 Editor's Note: See Ark 8 of the Environmental Conservation Law. 10152 7-25-89 § 100-254 ZONING § 100-254 G. Upon receipt of the Building Inspector's certification, the Fire Commissioner's response, the curb cut permits and the ,comments of the Suffolk County Planning Commission, the Planning Board shall place the site plan on the agenda of the next regularly scheduled public meeting. H. If the Planning Board determines that a public hearing is • necessary, it. shall schedule and hold the same. Notice shall be given at least ten (10) days prior to the date of such hearing by publication in the official town newspaper. I. The applicant shall, by certified mail, give at least ten (10) days' notice of said public hearing to all adjoining property owners within a five -hundred -foot radius of the proposed project. J. Prior to the Planning Board's endorsement of the site plan,' the applicant must sign a statement placed on the site plan indicating his/her knowledge and acceptance of the conditions of approval. K. Amendments to an existing site plan may be acted upon in the same manner as a new site plan. L. A guaranty of performance may be required for all public improvements as part of the conditions of approval. Such guaranty shall be based on a listing of required site improvements in accordance with Chapter A106 of this Code. M. Within ten (10) days of final approval, a copy of the endorsed site plan shall be sent to: (1) The Building Department. (2) The Town Engineer. (3) The Town Trustees, - when applicable. is (4) The Highway Department. (5) The Zoning Board of Appeals, when applicable. N. The Planning Board shall have the right to deny the proposed site plan for lack of compliance with the provisions of the Town Code. The Planning Board shall notify the applicant, in writing, within ten (10) days of such determination, of the reasons for such denial. 10153 7-25-89 § 100-255 SOUTHOLD CODE § 100-256 § 100-255.- Duration of plan. A. An approved site development plan shall be valid for a period of three (3) years from the date of approval. All work proposed on the plan shall be completed within three (3) years from the date of approval unless a longer period was approved or the applicant obtains an extension from the Planning Board. B. All site plans which have received final approval prior to the • enactment of this Article shall remain valid for a period of three (3) years from the date of such enactment. This period will begin when all governmental approvals have been obtained. § 100-256. Application requirements; fees. A. Submission of a complete site plan application shall consist of - (1) A completed site plan application form. (2) The site plan review fee, as specified in Subsection B below. (3) A completed environmental assessment form. (4) Nine (9) copies of the site plan. (5) Four (4) copies of a property survey, certified by a licensed land surveyor. B. Fees. (1) The application fee for a new site plan shall be one hundred fifty dollars ($150.) per acre or any fraction of an acre thereof, plus two and five -tenths cents ($0.025) per square foot of building area. (2) The application fee for a revised site plan shall be one hundred fifty dollars ($150.), plus two and five -tenths • cents ($0.025) per square foot of building area. C. Standards. Site plan design shall include the following items: 10154 7-25-89 § 100-256 ZONING § 100-256 (1) Technical data: (a) The lot, block and section number of the property, taken from the latest tax records. (b) The name and address of the landowner on record: [1] The names and addresses of adjoining • landowners. "name [2] The and address of the applicant,} if not the same as the landowner. (c) The name and address of the person, firm or organization preparing the map, sealed with the applicable New York State license seal -and signature. ' (d) Date, graphic scale and North point, whether true or magnetic; if magnetic, show the date of reading. (e) A survey prepared by a licensed surveyor or civil engineer. The. site plan may reference a land surveyor's map or base reference map. All distances shall be in feet and hundredths of a foot. All angles shall be given to the nearest ten (10) seconds or closer. The error of closure shall not exceed one (1) in , ten thousand (10,000). (f) The locations, names and widths of all rights-of-way within five hundred (500) feet of property lines. If none exist within five hundred (500) feet of the , subject property, indicate the distance to the nearest intersection with a public street. (g) A separate key map showing location and owners of all adjoining lands within five hundred (500) feet, as • shown on the latest tax records, at a scale of one (1) inch equals one hundred (100) feet. (h) The location, width and purpose of all existing and proposed easements, setbacks, reservations and areas dedicated to public use within or adjoining the property. 10155 7-25-89 § 100-256 SOUTHOLD CODE § 100-256 (i) A complete outline of other existing easements, deed restrictions or covenants applying to the property. (j) Existing zoning, including zone lines and dimensions. (k) Site plans drawn at the scale of one (1) inch equals twenty (20) feet. If all required information cannot be shown clearly on one (1) plan, the information • should be separated as follows: [1] Alignment and schedule plan. [2] Grading and drainage. [3] Landscaping. [4] Other, e.g., site utilities. (2) Natural features: (a) Existing contours with intervals of two (2) feet or less, referred to mean sea level as per United States Geological Survey datum. (b) Boundaries of any areas subject to flooding or stormwater overflows, tidal bays, saltwater marshes, beaches and all freshwater bodies, including wet- lands and intermittent streams, perimeter bounda- ries of shoreline bluffs, dunes and beaches. (c) The location of existing natural features, including but not limited to natural drainage swales, water- courses, wooded areas and wetlands, as defined by the New York State Department of Environmental Conservation and the Board of Trustees of Southold Town, marshes, ponds, dunes, bluffs, beaches, kettleholes, escarpments, wildlife habitats, flood hazard areas, erosion -prone areas and trees of six (6) inches in diameter at a point three (3) feet above the • trunk base. (d) The location of any existing cultural and historical features within five hundred (500) feet of the property boundaries. 10156 7-25-89 § 100-256 ZONING § 100-256 (3) Existing building structures and utilities: (a) The locations, dimensions and outlines of all build- ings, as defined in § 100-13 of this chapter, and all uses of the site. (b) Paved areas, including parking areas, sidewalks and vehicular access between the site and public streets. (c) The locations, dimensions, grades and flow directions of any existing culverts, waterlines or sewage disposal systems, as well as other underground and aboveground utility poles and utility lines within and adjacent to the property. (d) The location and use of all buildings and.structures, including curb cuts, within two hundred (200) feet of the boundary of the subject property. (4) Proposed construction: (a) The location of proposed buildings or structural improvements, indicating setbacks from all property lines and horizontal distances from existing structures. (b) The location and design of all uses not requiring structures, such as off-street parking and loading areas and pedestrian circulation. (c) The location, direction, power level and time of use for any proposed outdoor lighting or public-address systems. (d) The locating and plans for any outdoor signs must be in accordance with applicable sign regulations. • (e) The location and details of aprons, curbs, sidewalks, fencing (type and location), grading, including existing and proposed topography with two -foot contours [on site and two hundred (200) feet beyond the property line] and spot elevations for buildings and all structures, drainage calculations, details of drainage structures and watershed areas, where applicable. 10157 7-25-89 § 100-256 SOUTHOLD CODE § 100-260 (f) Grading and drainage plans shall be based upon site stormwater retention, in conformance with Chapter A108, Highway Specifications. (g) The location and listing of landscaping, buffering and street tree plans, including type, material, size, quantity and location. (h) The location of water and sewer mains, electrical service, cablevision and telephone installations, ground transformers, fire well and fire hydrants and/or any alternate .means of water supply and sewage disposal and treatment. (i) Building elevations for all facades and floor plans - showingthe proposed use of floor area. ARTICLE XXVI Special Exception Uses [Added 1-10-89 by L.L. No. 1-1989] § 100-260. Purpose. The provisions of this Article are designed to provide for administrative review of selected types of proposed land uses. Certain uses which are allowable under zoning are nevertheless so likely to significantly affect their surroundings that they require individual review to assure compatibility with existing land use patterns, community character and the natural environment before being permitted to come into existence. Similarly, certain authorized uses may take on such diverse forms in their actual implementation that it is wise to review and pass upon the adherence of each individual proposal to standards and guidelines previously established for the use involved. Finally, the case-by-case review achieved by use of the • special exception approval mechanism can increase the flexibility and appropriateness of local development review and better enable local officials to avoid negative consequences which sometimes arise from the otherwise lawful development or use of a particular site. 10158 7-25-89 § 100-261 ZONING § 100-262 § 100-261. Special exception uses; approval required. There is hereby created a category of land use approval to be known as "special exception uses." Said uses may not be commenced, created, undertaken, carried out or thereafter maintained or substantially expanded without a special exception approval first having been obtained therefor, which special exception approval shall have been granted for the use either by the Planning Board, the • Zoning Board of Appeals or the Town Board, according to the provisions for the particular special exception use set forth in this Article or elsewhere in this chapter. Any land use, including the erection, construction, reconstruction, alteration, demolition, moving, conversion or change of use of any structure, shall be a special exception use requiring a special exception approval if the text of this chapter or the use schedule hereof denotes the use as being either the subject of a special exception approval or simply a special exception use. No building permit for any such special exception use shall be issued until the required special exception approval shall have been granted for the same and the conditions imposed in such approval as prerequisites to a building permit, if there be any, have been met. § 100-262. Application; hearing; approval; violations of condi- tions. A. An application for a special exception approval shall be on the form for same provided by the Building Inspector and shall be submitted in triplicate, together with the fee of seventy-five dollars ($75.), to the Building Inspector, who shall review the application for completeness and conformity with this chapter. The Building Inspector shall reject the application if it is not complete or not in conformance and shall notify the applicant as to the reason for such rejection. If the application is • satisfactory, the applicant and the Building Inspector shall forward the application to the Board having jurisdiction thereof. B. Prior to taking action on any special exception use, the Board having jurisdiction thereof shall schedule a public hearing within forty-five (45) days after determination that the application is complete. Within sixty (60) days following the (Cont'd on page 10159) 10158.1 7-25-89 § A106-32 SUBDIVISION OF LAND § A106-32 foot -wide easement to provide for continuation .of pedestrian traffic and utilities to the next street. Sub= divisions containing twenty (20) lots or more shall have at least two (2) street connections with existing public streets or streets shown on the Official Map, if such exists, or streets on a recorded final plat. G. Block size. (1) Blocks shall not be exclusively long. Blocks, generally, shall not be less than four hundred (400) feet in length nor more than one thousand two hundred (1,200) feet in length. In general, the width of a block shall not be less than twice the normal lot depth. (2) In blocks exceeding eight hundred (800) feet in length, the Planning Board may require the reservation of a ten -foot -wide easement through the block to provide for the crossing of underground' utilities and pedestrian traffic, where needed or desirable, and may further specify, at its discretion, that a four -foot -wide paved footpath be included. The Planning Board shall require the proper maintenance of any such easement. (3) Irregularly shaped blocks, including superblocks, indented by culs-de-sac and containing interior spaces, will be acceptable when properly designed and coordinated with the overall plat and when adequate provision for the maintenance and ownership of public areas is provided for. H. Intersections with major streets. Minor or secondary street openings into a major street shall, in general, be at least five hundred (500) feet apart. • I. Street jogs. Street jogs with center -line offsets of less than one hundred twenty-five (125) feet shall generally not be permitted. J. Angle of intersection. In general, all streets shall join each other so that for a distance of at least one hundred (100) feet a street is approximately at right angles to the street it joins. A10621 7-25-89 § A106-32 SOUTHOLD CODE § A106-33 K. Relation to topography. The street plan of a proposed subdivision shall bear a logical relationship to the topography of the property, and all streets shall be arranged so as to obtain as many of the building sites as possible at or below the grade of the streets. Grades of streets shall conform as closely as possible to the original topography. [Amended 5=8-731 L. Other required streets.- Wherea subdivision borders on or contains a railroad right-of-way or a major street right-of- way, the Planning Board may require a street ap- proximately parallel to and on each side of such right-of- way, at a distance suitable for the appropriate use of the intervening land (as for park purposes in residential dis- tricts or forcommercial or industrial purposes in ap- propriate districts). Such distances shall also be deter- mined with due regard for the requirements of approach grades and future grade separations., § A106-33. Street design. A. Widths. [Amended 6-6-89] (1) Widths of rights-of-way. Streets shall have the following widths. When not indicated on the Master Plan or Official Map, the classification of streets shall be determined by the Board. Minimum Right -of -Way Type of Street (feet) Major 100* Secondary or collector 80* Minor 50* * NOTE: Except when the Master Plan specifies a greater or • lesser width. (2) Width of pavement within rights-of-way. All minor streets in major subdivisions shall be twenty-eight (28) A10622 7-25-89 § A106-33 SUBDIVISION OF LAND § A106-33 feet in width. However, where it is determined that such width is not needed, the Planning Board, in its discretion, may designate that the width be reduced to twenty-four (24) feet in width, provided that the subdivider agrees to covenant that .the individual lots will be so designated as to accommodate all off-street parking [at the rate of four (4), spaces per lot, not including each garage space]. • (3) Subdivision roads built to either the twenty-eight- or twenty -four -foot road width shall meet the specifications set forth in Chapter A108, Article III, including Standard Drawing Nos. SD -854A and SD -854M.1 B. Improvements. Streets shall be graded and improved with pavements, curbs and gutters; sidewalks, drainage facilities, water mains, sewers, streetlights and street signs', street trees and fire hydrants and/or firewells. Firewells shall have an eight -inch casing and a twenty -foot stainless steel screen and shall have a pumping capacity of three hundred fifty (350) gallons per minute. There shall be a'depth of water of at least forty (40) feet. The number and location of fire hydrants and/or firewells shall be de• termined by the Planning Board. In making such deter- mination, the Planning Board may seek the recom- mendation of the Commissioners of the Fire District in which the proposed . subdivision is located. Notwith- standing the foregoing, upon request, the Planning Board, upon written approval of the Superintendent ,of Highways and the Town Board Highway Committee, may waive, subject to appropriate conditions, such improvementsas it considers may be omitted without jeopardy to the public health, safety and general welfare. Pedestrian easements shall be improved as required by the Planning Board. Such grading and improvements shall be approved as to design • and specifications by the Town Superintendent of High- ways and the Town Board Highway Committee. [Amended 5-8-73;'12-9-75; 4-22-801 1 Editors Note: Department of Highways Standard Drawings are included at the ,end of Ch. A108, Highway Spec cations. A10623 7-25-89 § A106-33 SOUTHOLD CODE § A106-33 C. Major subdivisions. [Added 10-18-88;2 amended 6-6-89] (1) In a major subdivision, the roads shall be built to specifications stated in Chapter A108, Article III. (2) In a major subdivision where the number of lots to be serviced by a proposed street is four (4) or fewer and, further, there is no, likelihood of the street servicing more than four. (4) lots, the Planning Board, at its discretion, • may waive the major road specifications as they are set forth in Chapter A108, Article III, and, in their place, may substitute alternate road specifications as set forth in § A108 -42B. D. Utilities in streets. The Planning Board may require that underground utilities. be placed in the street right-of-way between the paved roadway and the street line to simplify location and repair of lines when they require attention. The subdivider shall install underground service con- nections to the property line of each lot within the sub- division for such required utilities before the street is paved. Such underground utilities shall be located within the sidewalk area. [Amended 5-8-731 E. Utility easements. Where topography is such as to make impractical the inclusion of utilities within the street rights-of-way, perpetual unobstructed easements at least twenty (20) feet in width shall be otherwise provided with satisfactory access to the street. Wherever possible easements shall be continuous from block to block and shall present as few irregularities as possible. Such easements shall be cleared, graded and seeded where required. [Amended 5-8-73] F. Steep curves; visibility at intersections. Sharp curves shall be avoided. In order to provide visibility for traffic safety, that portion of any corner lot, whether at an intersection entirely within the subdivision or of a new street with an existing street, which is shown shaded on Sketch A, shall be cleared of 2 Editors Note: This resolution also redesignated former Subsection C, D, E, F, G, H and I as Subsections D, E, F, G, H, I and J, respectively. A10624 7-25-89 Li • § A106-33 SUBDIVISION OF LAND § A106-33 all growth (except isolated trees) and obstructions above the level three (3) feet higher than the center line of the. street. If directed by the Planning Board, the subdivider shall regrade this area. 20' A10624.1 (Cont'd on page A10625) 7-25-89 HIGHWAY SPECIFICATIONS' § A108-43. Inspection of work. Department of Highways Standard Drawings 'Standard Drawing No. SD -691, Standard Roadway Standard Drawing No. SD -692, Standard Intersec- tion • Standard Drawing No. SD -693, Standard Curbs and Gutter Standard Drawing No. SID -694, Standard Storm Drain Standard Drawing No. SD -695, Standard Recharge Basin Type A Standard Drawing No. SD -696, Standard Recharge Basin Type B Standard Drawing No. SD -697, Standard Leaching System Standard Drawing No. SD -721, Standard Residential Driveway Entrance, Sheet No. 1 Standard Drawing No. SD -722, Standard Residential Driveway Entrance, Sheet No. 2 Standard Drawing No. SD -761, Standard Headwall and Apron Standard Drawing No. SD -764, Standard Fence De- tail Standard Drawing No. SD -851, Standard Curbs for Major Subdivisions Standard Drawing No. SD -852, Standard Precast • Catchbasins and Manholes Standard Drawing No. SD -853, Standard Asphalt Roadway for Major Subdivisions Standard Drawing- No. SD -854, Standard Asphalt Roadway for Major Subdivisions Standard Drawing No. SD -854A, Standard Asphalt Roadway for Major Subdivisions A10803 7-25-89 § A108-1 SOUTHOLD CODE § A108-1 Standard Drawing No. SD -854M, Standard Asphalt Roadway for Minor Subdivisions Standard Drawing No. SD -855, Standard Asphalt Roadway With Drainage Swales for Major Subdivi- sions Standard Drawing No. SD -856, Street Trees for Ma- jor Subdivisions • Recharge Design [HISTORY: Adopted by the Town Board of the Town of South- old 7-30-85. Amendments noted where applicable.] j GENERAL REFERENCES Notification of highway defects — See Ch. 49. Soil removal — See Ch. 81. Street excavations — See Ch. 83. Vehicles and traffic — See Ch. 92. Subdivision of land — See Ch. A106. ARTICLE I Plans and Maps For Major Subdivisions § A1084 --Sketch plans. A. The sketch plan initially submitted to the Planning Board shall be based on the Town Tax Map, at a scale of one (1) inch equals one hundred (100) feet, and shall show the following information: (1) A key map showing the location of the proposed subdivi- Sion and the distance to the nearest existing street or road intersection. (2) All existing structures, wooded areas, streams or water- • front and other significant physical features within the area to, be subdivided and within two. hundred (200) feet thereof. (3) The name of the subdivision property owner and all of the adjoining property owners as listed on the town tax rolls. A10804 7-25-89 C • TOWN OF SOUTHOLD STANDARD ASPHALT ROADWAY FOR MAJOR SUBDIVISIONS R.O.W. LINE a.a1K 5O'-0' E . 25-0' 2S' -O' I 1 -D' 12'-D' I 4'-0' RO -jI B' 1 111.1 _ C1':1' 1 TOPSOL I I TO. BE ED EXISTING GRADE SI R SEEDED MOUNTABLE OR HEADER AS REQUIRED SEE DWG SD -851 1 1 NEARING COURSE 2 1 2' BINDER COURSE FlN GRA 4COMPACTED BASE COURSE 3 4 STONE BLEND OR f]tUSM CONCRETE NO SCALE PREPARED AND RECOMMENDED BY: APPROVED BY: SIDNEY 8. BOWNE & SON SUP HIGHWAYS HWAYS DWG NO. CONSULTING ENGINEERS une 6. 1989 3D -854A OND JACO DATE 7-25-89 SOUTHOLD SUPPLEMENTAL INDEX —B— BUILDING PERMITS Site plan approval ................................ 100-252 CERTIFICATE OF OCCUPANCY • Site plan approval ................................ 100-252 i= DRAINAGE Site plan approval ................................ 100-252 —F— FEES Site plan approval ................................ 100-256 Q!—m GUARANTIES Site plan approval ................................ 100-254 —H— HEARINGS Site plan approval ................................ 100-254 —L— LANDSCAPING • Site plan approval ................................ 100-252 LIGHTING Site plan approval ................................ 100-252 Wo NOTICES Site plan approval ................................ 100-254 SI -1 7-25-89 SOUTHOLD SUPPLEMENTAL INDEX —0— OFF-STREET PARKING AND LOADING Site plan approval ................................ 100-252 _S_ SCREENING Site plan approval ................................ 100-252 SITE PLAN APPROVAL Applicability ..................................... 100-250 Application requirements .......................... 100-256 Approval of plan required ......................... 100-253 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 Landscaping ..................................... 100-252 Lighting ......................................... 100-252 Notices .......................................... 100-254 Objectives ........................................ 100-252 Off-street parking and loading ..................... 100-252 Purpose .......................................... 100-251 Review procedure ................................. 100-254 Screening ........................................ 100-252 Utilities .......................................... 100-252 Variances ........................................ 100-254 ,Zoning ........................................... 100-250 — 100-256 _U_ UTILITIES • Site plan approval ................................ 100-252 _V_ VARIANCES Site plan approval ..........................•...... 100-254 SI -2 7-25-89 i • SOUTHOLD SUPPLEMENTAL INDEX —Z— ZONING Site plan approval ................................ 100-250 — 100-256 SI -3 7-25-89