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Home My WebLink About1990 Code Supplement - 08/25/1990{ GENERAL CODE PUBLISHERS CORP. INSTRUCTIONS Town of Southold Code Supplement No. 57 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 6-19- 1990 (L.L. No. 13-1990). • The page numbers should always correspond with this list. REMOVE 9231 10013- 10014 10019 -10024 Supplemental Index, SI -1 — SI -3 INSERT 9231 -9232 10013 - 10014 10014.1 10019 -10024 10024.1 Supplemental Index, SI-1—SI-3 Legislation, by number or date of adoption, included in this supplement: L.L. Nos. 12-1990; 13-1990. 8-25-90 § 92-51 VEHICLES AND TRAFFIC § 92-60 § 92-51. Storage and charges. [Amended 9-21-1982 by L.L. No. 7-1982; 6-19-1990 by L.L. No. 12-19901 After removal of any vehicle as provided in this Article or the removal, seizure, storage and/or impoundment of any vehicle pursuant to any other provision of law, the police officer may store or cause such vehicle to be stored in a suitable place at the expense of the • owner. Such owner or person in charge of the vehicle may redeem the same upon payment to the Southold Town Police Department of the amount of all expenses actually and necessarily incurred in effecting such removal, such removal charges not to exceed seventy-five dollars ($75.) from 6:00 a.m. to 8:00 p.m. and not to exceed one hundred dollars ($100.) from 8:00 p.m. and 6:00 a.m., together with any charges for storage, such storage charges not to exceed eight dollars ($8.) per day or fraction thereof. § 92-52. Notice of removal. The Southold Town Police Department shall ascertain, to the extent possible, the owner or person in charge of such vehicle and notify him of the removal and disposition of such vehicle and of the amount which will be required to redeem the same. ARTICLE VI Penalties § 92-60. Penalties for offenses. Every person convicted of a traffic infraction for a violation of any provision of this chapter which is not a violation of any provision of the Vehicle and Traffic Law of the State of New York shall, for a first conviction thereof, be punished by a fine of not more than fifty dollars ($50.) or by imprisonment for not more 10 than fifteen (15) days, or by both such fine and imprisonment; for a second such conviction within eighteen (18) months thereafter, such person shall be punished by a fine of not more than one hundred dollars ($100.) or by imprisonment for not more than forty-five (45) days, or by both such fine and imprisonment; upon 9231 8-25-90 § 92-60 SOUTHOLD CODE § 92-60 a third or subsequent conviction within eighteen (18) months after the first conviction, such person shall be punished by a fine of not more than two hundred fifty dollars ($250.) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. • 9232 8-25-90 § 100-13 ZONING § 100-13 § 100-13. Definitions. [Amended 7-31-731 A. Word usage. Words used .in the present tense include the future; the singular number includes the plural, and the plural the singular; the word "person" includes a corporation as well as an individual; the word "lot" includes the word "plot"; the term "occupied" or "used," as applied to any building, shall be is construed as though followed by the words "or intended, arranged or designed to be occupied or used." B. [Amended 10-26-76 by L.L. No. 5-1976; 4-11-78 by L.L. No. 2-1978; 2-1-83 by L.L. No. 2-1983; 1-21-86 by L.L. No. 1-1986; 5-17-88 by L.L. No. 14-1988; 8-23-88 by L.L. No. 20-1988; 1-10-89 by L.L. No. 1-19891 Definitions and usages. Unless otherwise expressly . stated, the following terms shall, for the purpose of this chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). ACCESS — A physical entrance to property. ACCESSORY APARTMENT — A dwelling unit created in a presently existing one -family dwelling pursuant to § 100- 31B(14). ACCESSORY BUILDING OR STRUCTURE — A building, or structure detached from a principal building located on the same lot as and customarily incidental and subordinate to the principal building. ACCESSORY USE — A use customarily incidental and sub- ordinate to the main use on a lot, whether such "accessory use" is conducted in a principal or accessory building. is ADDITION — A structure added to the original structure at some time after the completion of the original. AGRICULTURE — The production, keeping or maintenance, for sale. lease or personal use, of plants and animals useful to man. including but not limited to forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry- products; livestock, including beef cattle, sheep, swine, 10013 8-25-90 § 100-13 SOUTHOLD CODE § 100-13 horses, ponies, mules or goats or any mutation of hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; fruits of all kinds, including grapes, nuts and berries, vegetables; floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program. ALTERATION — As applied .to a building or structure, a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether extending on a side or by increasing in height, or the moving from one location or position to another. APARTMENT — An entirely self-contained dwelling unit consisting of a minimum of four hundred fifty (450) square feet of living area containing complete housekeeping facilities for only one (1) family, including any domestic servants employed on the premises and having no enclosed space other than vestibules, entrance hallways or porches, or cooking or sanitary facilities in common with any other dwelling unit and/or "apartment." [Added 6-19-1990 by L.L. No. 13-1990] APARTMENT HOUSE — A building arranged, intended or designed to be occupied by two (2) or more families living independently of each other in apartments. [Added 6-19-1990 by L.L. No. 13-19901 APPLICANT — The landowner or the agent, optionee, con- tract purchaser or other person authorized in writing to act for the landowner in submitting an application under this chapter. APPLICATION FOR DEVELOPMENT — The application form and all accompanying documents and exhibits required of an applicant by an approving authority for development and/or site plan review purposes. AUTOMOBILE SALES LOT OR BUILDING — A lot or building used for the sale or hire of automobile equipment. This shall be interpreted to include new and used car dealerships and auto accessory salesrooms but not the sale of junked automotive equipment. 10014 5-25-90 § 100-13 ZONING § 100-13 BASEMENT — A story of a building, partly below the fin- ished grade level, which has more than one-half (%) of its height, measured from floor to ceiling, above the average established curb level or finished grade of the land immediate- ly adjacent to the building. BED -AND -BREAKFAST — The renting of not more than • three (3) rooms in `an owner -occupied dwelling for lodging and serving of breakfast to not more than six (6) casual and transient roomers, provided that the renting of such rooms for such purpose is clearly incidental and subordinate to the principal use of the dwelling. • (Cont'd on page 10015) 10014.1 5-25-90 is — § 100-13 ZONING § 100-13. DEDICATION — The conveyance of a fee or lesser interest in property to public use, which precludes the owner or others under him from asserting any right of ownership inconsistent with the use for which the property is dedicated. DWELLING, MULTIPLE — A building or portion thereof containing three (3) or more dwelling units. • DWELLING, ONE -FAMILY — A detached building contain- ing one (1) dwelling unit only consisting of a minimum living area of eight hundred fifty (850) square feet. [Amended 4-24- 1990 by L.L. No. 8-1990] DWELLING, ROW OR ATTACHED — A one -family dwell- ing with two (2) common or party walls separating it from adjacent units on both sides. DWELLING, SEMIDETACHED — A one -family dwelling with one (1) wall in common with an adjacent dwelling. DWELLING, TWO-FAMILY — A detached building contain- ing two (2) dwelling units only. DWELLING UNIT — A building or entirely self-contained portion thereof consisting of a minimum living area of eight hundred fifty (850) square feet containing complete housekeep- ing facilities for only one (1) family, including any domestic servants employed on the premises, and having no enclosed , space, other than vestibules, entrance or other hallways or porches, or cooking or sanitary facilities in common with any "dwelling unit" A house trailer, a boarding- or rooming house, convalescent home, fraternity or sorority house, hotel, motel, inn, lodging or nursing or similar home or other similar structure shall not be deemed to constitute a "dwelling unit." • [Amended 6-19-1990 by L.L. No. 13-1990] EASEMENT — A grant of the use of land for specific pur- poses. FAMILY — One (1) or more persons occupying a dwelling . unit as a single nonprofit housekeeping unit. More than five (5) 10019 8-25-90 § 100-13 SOUTHOLD CODE § 100-13 persons eighteen (18) years of age or older, exclusive of domestic servants, not related by blood, marriage or adoption shall not be considered a "family." FARM — A site or series of adjoining parcels under single ownership or management devoted to agricultural use. FARM BUILDINGS — All structures useful or necessary for the conduct of agricultural activities, including but not limited is to barns, silos, mechanical equipment storage sheds, animal pens or other shelters. FENCE — A vertical enclosure, solid or partially open, to prevent straying from within or intrusion from without or intended to be used as a visual screen. A "fence" is considered a structure for the purposes of this chapter. FISH PROCESSING — The readying of fish and shellfish for shipping to market, including icing, cleaning, filleting, shucking and the cooking of crabs or lobster, but not:including other cooking, canning; freezing, smoking or other fish factory operations. FLOOD HAZARD AREA — Land in the floodplain subject to a one -percent or greater chance of flooding in any given year. FLOODPLAIN — The relatively flat area or low lands adjoin- ing the channel of a river, stream, watercourse, canal or any body of standing water which has been or may be covered by floodwater. FLOOR AREA — The sum of the gross horizontal areas of all floors of the building or buildings on a lot, having a clear height of not less than six (6) feet measured from the exterior faces of exterior walls or from the center line of party walls separating two (2) buildings, including cellar and basement areas. The "floor area" shall not include roof overhangs projecting less than three (3) feet or any floors or portions thereof contained on terraces or balconies projecting beyond the exterior face of the building. 10020 8-25-90 § 100-13 ZONING § 100-13 FLOOR AREA, LIVABLE — All spaces within the exterior walls of a dwelling unit, exclusive of garages, breezeways, unheated porches, cellars, heater rooms and approved basements having a window area of less than ten percent (10%) of the square foot area of the room. Usable floor area shall include all spaces not otherwise excluded above, such as principal rooms, utility rooms, bathrooms, all closets and • hallways opening directly into any rooms within the dwelling unit. FLOOR AREA RATIO — The floor area in square feet of all buildings on a lot divided by the area of such lot in square feet. FRATERNAL ORGANIZATION — A nonprofit association of persons bound by a common interest or goal, be it civic, patriotic, charitable, educational or historical. [Added 11-28- 89 by L.L. No. 22-1989] FRONTAGE — The width of a lot at the street line. GARAGE, PRIVATE — A building .used as an accessory to the main building for the storage of one (1) or more gasoline - or other power -driven vehicles owned and used by the owner or tenant of the lot on which the garage is erected for the storage of not exceeding two (2) additional vehicles (not trucks) owned or used by the others and in which no occupation, business or service for profit .is carried on without special permit. GARAGE, PUBLIC — A building, other than a private garage, used for housing or care of gasoline- or other power - driven vehicles or where such vehicles are equipped for operation, repaired or kept for renumeration, hire or sale. GARAGE, REPAIR — A building, other than a private ga- rage, used for adjustment, painting, replacement of parts or other repair or restoration of motor vehicles or parts thereof, whether or not accessory or incidental to another use. GASOLINE SERVICE STATION — A structure and sur- rounding land used for the storage and sale of petroleum fuel primarily to motor vehicles and for accessory uses such as the 10021 8-25-90 § 100-13 SOUTHOLD CODE § 100-13 sale of lubricants, accessories or supplies, the incidental washing of motor vehicles and the performing of minor repairs within a building; however, a service station is not a repair garage or a body shop. GREENHOUSE — A structure for growing plants. GROUND FLOOR — The first floor of a building other than a cellar or basement. GUEST UNIT — A bedroom -sleeping accommodation for transient guests, which may or may not include bathroom facilities and shall be occupied by no more than two (2) adult persons and be at least eighty (80) square feet in area. HABITABLE FLOOR AREA — See "floor area, livable." [Added 649-1990 by L.L. No. 13-1990] HEIGHT OF BUILDING — The vertical distance measured from the average elevation of the existing natural grade adjacent tw the building, before any alteration or fill, to the highest point of the roof for flat and mansard roofs and to the mean height between eaves and ridge for other type roofs. HISTORIC BUILDING — See "landmark designation." HOME OCCUPATION — This shall be understood to include the professional office or stuido of a doctor, dentist, teacher, artist, architect, engineer, musician, lawyer, magistrate or practitioners of a similar character, or rooms used for "home occupations," including . home baking, millinery or similar handicrafts, provided that the office, studio or occupational rooms are located in a dwelling in which the practitioner resides and provided further that no goods are publicly displayed on the premises and no sign or advertisement is shown other than a sign not larger than two (2) square feet in total area, bearing only the name and occupation (words only) 40 of the practitioner. HOMEOWNERS' OR HOMES ASSOCIATION — A com- munity association, including a condominium association, which is organized in a residential development in which individual owners have a shared interest in the responsibility for open space or facilities. 10022 8-25-90 § 100-13 ZONING § 100-13 HOTEL OR MOTEL, RESORT — A building or group of buildings, whether detached or in connected units, containing individual guest units consisting of a room arranged or designed to be available for use as sleeping quarters for transients on a daily rental basis or for vacationers or other persons on a weekly rental basis, provided that one (1) such unit may connect directly with not more than one (1) other such unit. Each unit shall have a door opening on the exterior of the building or on a common hallway leading to the exterior.A "resort motel' may include such accessory uses as a beach cabana, private dock, dining room, restaurant or swimming pool, conference and meeting facilities or an accessory convenience shop, office or personal service facility, provided that such facility or shop is located within the building without any external sign or display and off-street parking facilities. The term "resort motel' shall not be construed to include "transient motel' or "mobile home park." HOTEL OR MOTEL, TRANSIENT-- A building or group of buildings, whether detached or in connected units, containing individual guest units consisting of a room arranged or designed to be available for use as sleeping and living quarters for transients on a daily rental basis, provided that one (1) such unit may -connect directly with no more than one (1) other such unit and that no cooking facilities shall be available. Each such unit shall have a door opening on the exterior of the building or on a common hallway leading to the exterior. A "transient hotel or motel' may include such accessory uses as an office, restaurant, accessory personal services, swimming pool and off-street parking facilities. The term "transient hotel or motel' shall not be construed to include "resort motel' or "mobile home park," nor shall it be • deemed to include any dwelling unit except that of the owner or manager. JUNKYARD — Land occupied or to be occupied for storage of old wood, paper, cloth or metal,, including old automobiles, trucks, equipment, machinery, fixtures and appliances not usable as originally designed, and also including any portion of 10023 8-25-90 § 100-13 SOUTHOLD CODE § 100-13 such old automobiles, trucks, equipment or machinery as may be sold as and for junk or salvage. The existence on any residential lot of three (3) or more unregistered automobiles or trucks not housed within a building shall be deemed to be a "junkyard." Public sanitary landfills and the structures located thereon shall not be included in this definition.' LANDMARK DESIGNATION — The designation of a build- ing or structure of architectural or historic significance to the town through listing the property in the town's Register of Designated Landmarks and filing a copy of the entry in the Town Clerk's office. LANDSCAPING — An area of land restricted to landscape items which may also include such elements as natural features, earth berms, sculpture, signs, lighting, accessways, bikeways and pedestrianways. LIGHT INDUSTRY — An activity which involves the fabri- cation, reshaping, reworking, assembly or combining of products from previously prepared materials and which does not involve the synthesis of chemical or chemical products other than for pharmaceutical or research purposes or the processing of any raw materials, except agricultural raw materials. "Light industry" includes industrial operations such as electronic, machine parts and small component assembly, as oppposed to heavy industrial operations such as automobile assembly, -or milling activities. LIVING AREA — See "floor area, livable." [Added 6-19- 1990 by L.L. No. 13-1990] LOADING BERTH — A space at least fifteen (15) feet wide and forty-five (45) feet long, having a minimum fourteen -foot vertical clearance for loading and unloading vehicles. No such space required by this chapter or depicted on any site plan shall constitute a parking space. LOT — Any. parcel of land, not necessarily coincident with a lot or lots shown on a map of record, which is occupied or ' Editor's Note: See also Ch. 54, Junkyards. 10024 8-25-90 Is § 100-13 ZONING § 100-13 which is to be occupied by a building and its accessory buildings, if any, or by a group of buildings accessory thereto, if apy, together with the required open spaces appurtenant to such buildings or group of buildings. LOT AREA — The area of a lot taken at its perimeter, exclu- sive of any portion within a public or private street right-of- way. LOT, CORNER — A lot at the junction of and abutting on two (2) or more intersecting streets where the interior angle of intersection does not exceed one hundred thirty-five degrees (135°). A lot abutting a curved street shall be deemed a "corner lot" if the tangents to the curve at the points of intersection of the side lot lines with the street lines intersect at an interior angle of less than one hundred thirty-five degrees (135°). LOT COVERAGE — That percentage of -,the lot area covered by the building area. LOT DEPTH — The minimum distance from the street line of the lot to the rear lot line of such lot. LOT, INTERIOR — A lot other than a corner lot or a through lot. (Cont'd on page 10025) 10024.1 - 8-25-90 SOUTHOLD SUPPLEMENTAL INDEX —A— APARTMENT Defined .......................................... 100-13 APARTMENT HOUSE - Defined .......................................... 100-13 i -B- BUILDING PERMITS Site plan approval ................................ 100-252 • —C— CERTIFICATE OF OCCUPANCY Site plan approval ................................ `100-252 SFM DEFINITIONS Apartment ....................................... 100-13 Apartment house ................................. 100-13 Fraternal organization 100-13 Habitable floor area .............................. 100-13 Living area ....................................... 100-13 DRAINAGE Site plan approval ................................ 100-252 —F— FEES Site plan approval ................................ 100-256 FRATERNAL ORGANIZATION Defined .......................................... 100-13 —G— GUARANTIES Site plan approval ................................ 100-254 SI -1 8-25-90 SOUTHOLD SUPPLEMENTAL INDEX —H— HABITABLE FLOOR AREA Defined .......................................... 100-13 HEARINGS Site plan approval ................................ 100-254 —L— is LANDSCAPING Site plan approval ................................ 100-252 LIGHTING Site plan approval ................................ 100-252 LIVING AREA Defined .......................................... 100-13 —N— NOTICES Site plan approval. ................................ 100-254 —D— 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 SI -2 8-25-90 SOUTHOLD SUPPLEMENTAL INDEX —S— 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 WAS VARIANCES Site plan approval ............... I................. 100-254 —Z— :ZONING Site plan approval ................................ 100-250 — 100-256 SI -3 8-25-90