Loading...
HomeMy WebLinkAbout1989 Code Supplement - 10/25/1989GENERAL CODE PUBLISHERS CORP. INSTRUCTIONS Town of Southold Code Supplement No. 49 The enclosed new and/or replacement pages should be placed in your Code volume immediately! The dateline, on the lower 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 8-29- 89 (L.L. No. 17-1989). The page numbers should always correspond with this list. REMOVE INSERT 4607 -4608 4607- 4608 9228.1 - 9228.2 9228.1 - 9228.2 9228.2.1 9228.2.1 9230.4.1 9230.4.1 10043 -10044 10043 -10044 10053 -10054 10053 -10054 10067 -10068 10067 -10068 ---- 10068.1 Do not remove pages 10069 - 10070 10071 -10074 10071- 10074 10079 -10080 10079- 10080 10080.1 10080.1 10093 -10096 10093 -10096 Density and Minimum Lot Density and Minimum Lot Size Schedule for Residen- Size Schedule for Residen- tial Districts tial Districts Density and Minimum Lot Density and Minimum Lot Size Schedule for Nonresi- is Size Schedule for Nonresi- dential Districts dential Districts Legislation, by number or date of adoption, included in this supplement: L.L. Nos. 13-1989; 14-1989; 15-1989; 16-1989; 17-1989. 10-25-89 § 46-4 FLOOD DAMAGE PREVENTION § 46-4 NATIONAL GEODETIC VERTICAL DATUM (NGVD) — As corrected in 1929, a vertical control used as a reference for establishing varying elevations within the floodplain. NEW CONSTRUCTION — Structures for which the start of construction commenced on or after the effective date of this chapter. • ONE -HUNDRED -YEAR FLOOD — The same meaning as "base flood." PRINCIPALLY ABOVE GROUND — At least fifty-one percent (51%) of the actual cash value, excluding land value, is above ground. REGULATORY FLOODWAY — The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study. SAND DUNES — Naturally occurring accumulations of sand in ridges or mounds landward of the beach.. START OF CONSTRUCTION — The initiation, excluding planning and design, of any phase of a project or physical alteration of the property, and shall include land preparation, such as clearing, grading and filling; the installation, of streets and/or walkways; excavation for a basement, footings, piers or foundations; or the erection of temporary forms. It also includes the placement and/or installation on the property of • accessory buildings (garages, sheds), storage trailers and building materials. For manufactured homes, the ."actual start" means the affixing of the manufactured home to its permanent site. STRUCTURE — A walled and roofed building, a manufac- tured home or a gas- or liquid -storage tank that is principally above ground. 4607 10-25-89 § 46-4 SOUTHOLD CODE § 46-6 SUBSTANTIAL IMPROVEMENT — Any repair, recon- struction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition, "substantial improvement" is considered to commence when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project for the improvement of a structure to comply with existing state or local building, fire, health, sanitary or safety code specifications which are solely necessary to assure safe living conditions or any alteration of a structure or contributing structure listed on the National Register of Historic Places or a State Inventory of Historic Places. VARIANCE — A grant of relief from the requirements of this chapter which permits construction or use in a manner that would otherwise be prohibited by this chapter. § 46-5. Applicability. This chapter shall apply to all areas of special flood hazard within the jurisdiction of the Town of Southold. § 46-6. Basis for establishing areas of special flood hazard. [Amended 8-29-89 by L.L. No. 17-1989] The areas of special flood hazard have been identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "Flood Insurance Study for the Town of Southold, New York, Suffolk County," dated April 17, 1985, with Flood Insurance Rate Maps enumerated on Map Index No. 360813 0001-0120, dated June 18, 1987. The above documents are hereby adopted and declared to be a part of this chapter and are filed at the office of the Clerk. 4608 10-25-89 § 92-41 VEHICLES AND TRAFFIC § 92-41 Name of Street Love Lane [Added 8-12-80 by L.L. No. 4-19801 Luther's Road [Added 8-29-89 by L.L. No. 16-19891 • Main Street (Village Lane) Main Street (Village Lane) Marratooka Lane Mechanic Street New Suffolk Avenue [Added 9-21-76 by L.L. No. 4-19761 New Suffolk Avenue [Added 9-21-76 by L.L. No. 4-19761 • New Suffolk Road [Added 4-5-83 by L.L. No. 3-19831 New Suffolk Road [Added 4-5-83 by . L.L. No. 3-19831 Side Location West In Mattituck, from the north curb 9228.1 10-25-89 line of Sound Avenue northerly for a distance of 75 feet Both In Mattituck, from the guardrail at the northerly terminus of Luther's Road extending southerly for a distance of 500 feet East Between New York Route 25 and Orchard Street West Between a point 50 feet north of the northerly curbline of Orchard Street and a point 675 feet southerly thereof West Between Peconic Bay and Park Avenue East Between Main Street (New York Route 25) and Mechanic Street East Both At Halls Creek Bridge, Downs Creek Bridge and West Creek Bridge for a ., distance of 250 feet easterly and westerly from the center lines of said bridges Both At Mattituck, from the south- erly curbline of New York Route 25 easterly for a dis- tance of 500 feet East At Cutchogue, from the southerly curbline of Route 25 southerly for a distance of 400 feet West At Cutchogue, from the southerly curbline of Route 25 southerly for a distance of 385 feet 9228.1 10-25-89 § 92-41 Name of Street Side North Bay View Road Both Peconic Bay Boulevard [Added 9-21-76 by L.L. No. 4-19761 Peconic Bay Boulevard [Added 9-21-76 by L.L. No. 4-19761 Both § 92-41 Location In Southold, for a distance of 450 feet easterly and westerly from the center line of Goose Creek Bridge At Mattituck, for a distance of 250 feet easterly and westerly from the center line of Brushs Creek Bridge North At Mattituck, from New York Tele- phone pole No. 22 easterly 650 feet to New York Telephone pole No. 16 Pike Street South In Mattituck, from the easterly [Added 8-12-80 by curbline of Westphalia Road L.L. No. 4-19801 easterly for a distance of 12 feet Reeve Avenue [Added 9-21-76 by L.L. No. 4-1976; repealed 8-12- 80 by L.L. No. 4-19801 Seventh Street East Between Main Street (New York 9228.2 10--25-89 • ,Route 25) and Corwin Street. Terry Lane North At Southold, from the east - [Added 7-7-81 by erly curbline of Hobart Road L.L. No. 4-1981] easterly for a distance of 142 feet Terry Lane South At Southold, from the extension [Added 7-7-81 by southerly of the east curbline of L.L. No. 4-1981] Hobart Road easterly for a dis- tance of 127 feet Traveler Street South At Southold, from the southwest [Added 5-19-87 by corner of Traveler Street and Beck- L.L. No. 4-1987] with Avenue proceeding westerly for 111 feet to the guardrail Youngs Avenue East At Southold, from the southerly [Added 7-20-82 by curbline of Route 25 southerly for L.L. No. 6-19821 a distance of 181 feet 9228.2 10--25-89 • § 92-41 VEHICLES AND TRAFFIC § 92-42 Name of Street Side Location Youngs Avenue West At Southold, from the northerly , [Added 11-6-86 by curbline of Route 25 northerly for a L.L. No. 13-1986] distance of 186 feet § 9242. Parking prohibited during certain hours. [Added 7-31- 73] • The parking of vehicles is hereby prohibited between the hours indicated in any of the following locations: (Cont'd on page 9228.3) 9228.2.1 10-25-89 § 92-44 `-. VEHICLES AND TRAFFIC § 92-44 Name of Street Side Location County Route 48 North In Catchogue, from the easterly [Added 8-29-89 by curbline of the entrance to the L.L. No. 16-19891 Southold Town Refuse Disposal Area extending easterly for a dis— tance of 500 feet 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 tending 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. 13-19851 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 10-25-89 § 100-31 ZONING § 100-31 (10) Veterinarian's offices and animal hospitals, subject to the following requirements: (a) The housing of all animals shall be in a fully enclosed structure, if nearer than one hundred fifty (150) feet to any lot line. (11) Cemeteries. • (12) Stables and riding academies. (13) Wineries for the ,production and sale of wine produced from grapes primarily grown in the vineyards on which such winery is located. [Amended 8-1-89 by L.L. No. 15-1989] (14) One (1) accessory apartment in an existing one -family dwelling, subject to the following requirements: (a) The accessory apartment shall be located in the principal building. (b) The owner of the existing dwelling shall occupy one (1) of the dwelling units as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy, evidenced by a written lease for a term of one (1) or more years. (c) The existing one -family dwelling shall contain not less than one thousand six hundred (1,600) square feet of livable floor area. (d) The accessory apartment shall contain not less than four hundred fifty (450) square feet of 'livable floor area. (e) The accessory apartment shall not exceed forty percent (4096) of the livable floor area of the existing dwelling unit. • (f) A minimum of three (3) off-street parking spaces shall be provided. (g) Not more than one (1) accessory apartment shall be . permitted on a lot. 10043 10-25-89 § 100-31 SOUTHOLD CODE § 100-31 (h) The accessory apartment shall meet the require- ments of a dwelling unit as defined in § 100-13 hereof. (i) The exterior entry to the accessory apartment shall, to the maximum extent possible, retain the existing exterior appearance of a one -family dwelling. 6) All exterior alterations to the existing building, except for access to the apartment, shall be made on the existing foundation. (k) The certificate of occupancy shall terminate upon the transfer of title by the owner or upon the owner ceasing to occupy one (1) of the dwelling units as the owner's principal residence. In the event of an owner's demise, the occupant of an accessory apartment may continue in occupancy until a new owner shall occupy the balance of the dwelling or one (1) year from date of said demise, whichever shall first occur. (1) All conversions shall be subject to the inspection of the Building Inspector and renewal of the certificate of occupancy annually. (m) The building which is converted to permit an accessory apartment shall be in existence and have a valid certificate of occupancy issued prior to January 1, 1984. (n) The existing building, together with the accessory apartment, shall comply with all other requirements of Chapter 100 of the Town Code of the Town of Southold. (o) Notwithstanding the provisions of § 100-31B hereof, no site plan approval by the Planning Board shall be required for the establishment of an accessory apartment. (p) Approval by the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. 10044 10-25-89 • . • i § 100-41 ZONING § 100-42 § 100-41. Applicability. The Hamlet Density (HD) Residential District may be designated on the Zoning Map by the Town Board upon its own motion or by petition on parcels within one-half (%) mile of a Hamlet Business (HB) District of Mattituck, Cutchogue and Southold Hamlet and within one-fourth (%) mile of the Hamlet Business (HB) District of Orient and within one-half' (%) mile of the boundary of the Village of • Greenport. § 100-42. Use regulations. In the HD 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 use except the following: A. Permitted uses. (1) One -family detached dwelling. (2) Two-family dwelling. 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: (1) Multiple dwellings, townhouses, row�or attached houses. (2) Accessory apartments in single-family residences as set forth in and regulated by § 100-31B(14) of the Agricul- tural -Conservation District. (3) Bed -and -breakfast uses as set forth in and regulated by § 100-31B(15), without site plan approval. • (4) Wineries as set forth and regulated by § 100-31B(13) of the Agricultural -Conservation District. [Added 8-1-89 by L.L. No. 15-1989] C. Accessory uses, limited to the following: (1) Accessory uses as set forth in and regulated by § 100- 31C(1) through (7) and (10) of the Agricultural-Conserva- 10053 10-25-89 § 100-42 SOUTHOLD CODE § 100-50 tion District, and subject to conditions set forth in § 100- 33 thereof. (2) Freestanding or ground signs, subject to the following requirements: one (1) sign, either single- or double-faced, not more than eighteen (18) square feet in area, and the upper edge of which shall not project more than five (5) feet above the ground unless attached to a fence or wall. Such sign shall indicate only the name of the premises. • Such sign shall be set back not less than fifteen (15) feet from all street and lot lines. Such sign shall comply with all of the supplementary sign regulations set forth in Article XX. (3) Accessory buildings, structures and other required facilities and equipment necessary to .provide community sewers, water, heat, utilities and other community services to all buildings and structures on the premises; provided, however, that the plans for and the location of the same shall be approved by the Planning Board.: ; § 100-43. 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 Hamlet Density (HD) Residential District unless the same conforms with the Bulk Schedule and Parking Schedule incorporated into this chapter, with the same force and effect as if such regulations were set forth herein in full.10 ARTICLE V Affordable Housing (AHD) District [Added 7-1-86 by L.L. No. 6-1986; amended 11-16-86 by L.L. No. 14-1986; 1-10-89 by L.L. No. 1-1989111 § 100-50. Purpose. • The purpose of the Affordable Housing (AHD) District is to provide the opportunity within certain areas of the town for the development of high-density housing for families of moderate income. to Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking Schedule is in § 100-191A. 11 Editor's Note: This local law also repealed former Art. V, M-1 General Multiple - Residence District. as amended. 10054 10-25-89 § 100-57 ZONING § 100-60 shall constitute grounds for the revocation of a certificate of occupancy. (4) On or before March 31 of each year, the Director shall notify the owner or manager of dwelling units and unimproved lots reserved for moderate -income families of the monthly rent, sales price and income eligibility requirements for such units and lots based upon data • derived from the preceding year. (5) The owner or manager of dwelling units and unimproved lots reserved for moderate -income families shall certify in writing to the Director, on or before May 31 of each year, that the sale and/or lease of such dwelling units and lots comply with the provisions of this Article and Chapter 100 of the Town Code. (6) When a dwelling unit reserved for lease to moderate - income families is to be rented, the lease for such unit shall not exceed a term of two (2) years. § 100-58. Applicability of other Code provisions. All of the provisions of the Code of the Town of Southold not inconsistent or in conflict with the provisions of this Article shall be applicable in the AHD District. ARTICLE VI Resort Residential (RR) District [Added 1-10-89 by L.L. No. 1-198912] § 100-60. Purpose. • The purpose of the Resort Residential (RR) District is to provide opportunity for resort development in waterfront areas or other appropriate areas where, because of the availability of water and/or sewers, more intense development may occur consistent with the density and character of surrounding lands. 12 Editors Note: This local law also repealed former Art. VI, B Light Business District, as. amended. 10067 10-25-89 § 100-61 SOUTHOLD CODE § 100-61 § 100-61. Use regulations. In the RR 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 use except the following- A. ollowingA. Permitted uses. (1) Any permitted use set forth in and as regulated by § 100- • 31A of the Agricultural -Conservation District. 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 the uses set forth in Subsection B(5) hereof, are subject to site plan approval by the Planning Board: (1) Any special exception use set forth in and as regulated by § 100-31B(1), (6), (7), (13) and (14) of the Agricultural - Conservation District. [Amended 8-1-89 by L.L. No. 15- 19891 (2) Marinas for the docking, mooring or accommodation of noncommercial boats. (3) Yacht clubs. (4) Transient hotels or motels, resort hotels or motels or conference facilities, provided that the following require- ments are met: (a) Minimum parcel size shall be five (5) acres. (b) The maximum number of guest units shall be: [1] One (1) unit per six thousand (6,000) square feet of land without public water or sewer. [2] One (1) unit per four .thousand (4,000) square • feet of land with public water and sewer. (c) No music, entertainment or loudspeaker system shall be audible from Beyond the property line. (d) No lights shall create a glare on adjoining property. 10068 10-25-89 C § 100-61 ZONING § 100-61 (e) The maximum size of .a guest unit shall be six hundred (600) square feet. [Added 7-5-89 by L.L. No. 13-1989] (5) Bed -and -breakfast uses as set forth in and as regulated by § 100-31B(15). (Cont'd on page 10069) 10068.1 10-25-89 § 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. (6) Wineries. [Added 8-1-89 by L.L. No. 15-1989] 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 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- 3113(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 10-25-89 § 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- 31) of the Agricultural -Conservation District. (2) The following uses are permitted uses subject 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' 10-25-89 § 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 ' 10-25-89 . § 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, except wineries are not required to be in connection with a vineyard. [Amended 8-1-89 by L.L. No. 15-1989] 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 (100%) of the horizontal measurement of such wall. 10074 10-25-89 § 100-91 ZONING § 100-93 (6) Fraternal or social institutional offices or meeting halls. (7) Drinking establishments. (8) Public garages. (9) Funeral homes. (10) Wineries. [Amended 8-1-89 by L.L. No. 15-19891 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- 31C(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. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the HB District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full.19 § 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 10-25-89 § 100-100 1 1 SOUTHOLD CODE § 100-101 ARTICLE X General Business (B) District [Added 1-10-89 by L.L. No. 1-1989201 § 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. ollowingA. [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. 10680 10-25-99 § 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), except wineries are not required to be in connection with a vineyard. [Amended 8-1-89 by L.L. No. 15-19891 (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 10 - 25 - 89 . § 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. - (14) Wineries. [Added 8-1-89 by L.L. No. 15-1989] • 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. (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 10-25-89 § 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 XIV2e Light Industrial (LI) District [Added 1-10-89 by L.L. No.. 1-19891 § 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 10-25-89 § 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. (3) Wineries. [Added 8-1-89 by L.L. No. 15-1989] 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. 10095 10-25-89 § 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 asregulated 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 full 29 ARTICLE XV30 -Density, Minimum Lot Size and Bulk Schedules [Added 1-10-89 by L.L. No. 1-19891 § 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 thereoL31 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, 10-25-89 • Town of Southold Density and Minimum Lot Size Schedule for Residential Districts' [Added 1-10-89 by L.L. No. 1-19891 R40 R-80 R-120 R-200 R400 HD A -C Residential Residential Residential Residential Residential Hamlet RR RO Agricultural- Low -Density Low -Density Low -Density Low -Density Low -Density Density Resort Residential Districts Conservation (One -Acre) (Two -Acre) (Three -Acre) (Five -Acre) (Ten -Acre) Residential Residential Office MINIMUM LOT SIZE (square feet): 1 -family detached dwelling Residential unit without utilities 80,000 40,000 80,000 120,000 200,000 400,000 20,000 (vii) 20,000 (vii) 40,000 Residential unit with community water NA NA NA NA NA NA 20,000 (vii) 20,000 (vii) NA Residential unit with community water NA NA NA NA NA NA 10,000 (xi) 12,000 (xi) NA and sewer 2 -family detached dwelling 2 -family dwelling without utilities 160,000 (xii) 80,000 (iii) 160,000 (xii) 240,000 (v) 400,000 (vi) 800,000 (vi) 40,000 (ii) 40,000 (ii) 80,000 (iii) 2 -family dwelling with community water NA NA NA NA NA NA 40,000 (ii) 40,000 (ii) NA 2 -family dwelling with community water NA NA NA NA NA NA 20,000 (vii) 20,000 (vii) NA and sewer Multiple dwelling unit or townhouse2 Multiple dwelling or townhouse without NA NA NA NA NA NA 20,000 NA3 NA utilities Multiple dwelling or townhouse with NA NA NA NA NA NA 20,000 NAI NA < community water Multiple dwelling or townhouse with NA NA NA NA NA NA 10,000 NA3 NA community water and sewer Motel, hotel or conference center guest unit' Guest unit without utilities NA NA NA NA NA NA NA 6,000 NA Guest unit with community water NA NA NA NA NA NA NA 6,000 NA Guest unit with community water and NA NA NA NA NA NA NA 4,000 NA sewer Nonresidential use (as permitted) Use with or without utilities 80,000 40,000 80,000 120,000 200,000 400,000 NA 40,000 40,000 KEY: NA = Not applicable. NOTES: I Roman numerals refer to applicable column in the Residential Bulk Schedule. Where no Roman numeral is indicated, refer to the district column in the Residential Bulk Schedule. 2 For multiple dwelling, hotel, motel and/or conference uses (where permitted), this table refers to minimum lot area per unit. Refer to the Residential Bulk Schedule for total lot size, yard and setback dimensions for the applicable district, unless more -restrictive requirements are indicated in the text of the chapter. 3 [Amended 8-1-89 by L.L. No. 14-1989] 10-25-89 District MINIMUM LOT SIZE (square feet): Business, office, industrial or other nonresidential use Use with or without utilities 1 -family detached dwelling Residential unit without utilities Residential unit with community water Residential unit with community water and sewer 2 -family detached dwelling 2 -family dwelling without utilities Town of Southold Density and Minimum Lot Size Schedule for Nonresidential Districts, [Added 1-10-89 by L.L. No. 1-1989] LB HB B Limited Hamlet General Business Business Business 80,000 20,000 10,000 80,000 (iii) 20,000 (vii) NA NA 20,000 (vii) NA NA 10,000 (xi) NA 160,000 40,000 (ii) NA (xii) • 2 -family dwelling with community water NA 40,000 (ii) LIO NA NA NA Light Industri;d Ll M-1 M-11 Park/Planned Light Marine I Marine II Office Park Industrial 40,000 80,000 120,000 40,000 40,000 40,000 (vii) NA NA 20,000 20,000 (vii) NA NA 10,000 10,000 (xi) NA NA NA NA NA NA 2 -family dwelling with community water NA 40,000 (ii) NA NA NA NA NA 2 -family dwelling with community water and sewer NA 20,000 (vii) NA NA NA NA NA Multiple dwelling unit or townhousez Multiple dwelling or townhouse without utilities NA 20,000 NA NA NA NA NA Multiple dwelling or townhouse with community water NA 20,000 NA NA NA NA NA Multiple dwelling or townhouse with community water and sewer NA 10,000 NA NA NA NA NA Motel, hotel or conference center guest unite Guest unit without utilities NA 6,000 6,000 NA 6,000 6,000 6,000 Guest unit with community water NA 6,000 6,000 NA 6,000 6,000 6,000 Guest unit with community water and sewer NA 4,000 4,000 NA 4,0003 6,000 4,000 KEY: NA = Not applicable. NOTES: Roman numerals refer to the applicable column in the Residential Bulk Schedule. 2 For multiple dwelling, hotel, motel and/or conference uses (where permitted), this table refers to minimum lot size per unit. Refer to the Residential Bulk Schedule for total lot size, yard and setback dimensions for the applicable district, unless more -restrictive requirements are indicated in the text of the chapter. 3 [Amended 8-1-89 by L.L. No. 14-1989] 10-25-89