HomeMy WebLinkAbout1993 Code Supplement - 01/25/1993GENERAL CODE PUBLISHERS CORP.
INSTRUCTIONS
Town of Southold Code Supplement No. 78
The enclosed new and/or replacement pages should be placed in
your Code volume immediately! The dateline, on the bottom of the
• page, does not indicate the adoption date of the Code changes, but
rather identifies the pages printed with this supplement. Legislation
included in this supplement (if any) is noted at the end of these
instructions.
REMOVE INSERT
3209-3210 3209-3210
4809 -4810 4809 -4810
4810.1 4810.1 - 4810.2
6502.1 6502.1
6505 -6506 6505 -6506
7629- 7630 7629 -7630
9203,-9204 9203 -9204
10001- 10002 10001 -10002
Do not remove pages 10003 - 1.0004
10005- 10008 10005- 10008
10051 -10052 10051 -10052
10052.1 10052.1
Do not remove pages 10053 - 10054
10055 -10062 10055 -10062
--- 10062.1
Do not remove pages 10063 - 10064
10064.1 —
10065 -10068 10065 -10068
10068.1 10068.1 - 10068.2
10117 - 10118 10117 - 10118
10133- 10142 10133 -10140
10158.1 10158.1
10163 -10164 10163 -10164
10164.1 10164.1
FEB 11.1993
town Clea Southol6
1 -25-9:3
REMOVE INSERT
10169- 10170 10169 -10170
10170.1 10170.1
Supplemental Index, Supplemental Index,
Sl-1—SI-11 SI-1—SI-12
•
Legislation, by number or date of adoption, included in this
supplement: L.L. Nos. 19-1992; 20-1992; 21-1992;,:22-1992; 23-1992; 24-
1992; 25-1992; 26-1992; 27-1992; 28-1992; Z94992;`36:1992; 31-1992;
33-1992; 34-1992; 35-1992; 36-1992.
1-25-93
§ 32-39.2 BOATS, DOCKS AND WHARVES § 3240
(2) No permanent mooring shall be placed unless authorized
by a permit duly issued by a Bay Constable or Deputy or
Assistant Bay Constable.
(3) [Amended 11-13-1990 by L.L. No. 25-1990; 11-24-
1992 by L.L. No. 28-1992] The following fees shall be
paid for the issuance of a mooring permit:
• Size of Boat
Permit Fee
Up to 25 feet
$ 30.00
26 feet to 35 feet
65.00
Over 35 feet
125.00
All nonresidents
300.00
(4) -All mooring permits shall expire on December 31 of the
year of issuance.
(5) The location of each mooring shall be assigned by the
Fishers Island Harbor Master, who shall be appointed
by the Town Board.
(6) All mooring buoys shall be assigned a number which
shall be affixed to the buoy by the permittee in numbers
at least five (5) inches in height.
ARTICLE IV
Floating Homes
[Adopted 9-24-85 as Section II of L.L. No. 15-19851]
.§ 32-40. Legislative findings.
A. The ' Town Board finds that watercraft are being used for
strictly residential purposes on waterways within the Town of
Southold. The proliferation of this type of use is expected to
create significant environmental problems if their prolifera-
tion remains unchecked.
B. The Town Board recognizes that the waterways surrounding
the town are some of the primary recreation areas on Long
Editor's Note: Section I of this local law provided for the renumbering of former Art. IV,
Administration and Enforcement, as Art. V, and the renumbering of §§ 3240 through 3243,
as §§ 32-50 through 32-53.
3209 1 -25-93
§ 32-40 SOUTHOLD CODE § 32-40
Island. They.are used for swimming, fishing and boating by
many of the local residents and visitors. Furthermore, wa-
terways are a major commercial resource providing food and
employment for the harvesters of fish and shellfish. Shellfish
taken commercially from said waterways are distributed to
all areas of the Eastern Seaboard. The Town of Southold has
expended large sums of money to develop and protect the
harvestable clam stock. •
C. The Town Board acknowledges its duty to protect the health,
safety and welfare of its residents and visitors. The mainte-
nance of high water quality is vital to the .use of said water-
ways for recreational and commercial purposes. The avoid-
ance of all uses and activities which could introduce pollution
in these waterways is of constant concern.
D. The potential influx of craft and vessels for residential pur-
poses creates a substantial danger to water quality in said
waterways. The residential use of these vessels is contrary to
the established character of the Town of Southold and will J
severely diminish the recreational and commercial use of said
waterways. i
E. The proliferation of floating homes and marinas which ac-
commodate them will create problems which include, in addi-
tion to water pollution, trash storage and removal, fire pro-
tection, emergency energy requirements during power fail-
ures, loss of mooring piles during winter icing conditions and
damage and sinking of vessels during storms, all of which
conditions impose additional responsibilities on police, fire
and other emergency agencies in the town.
F. The Town Board recognizes that the Town of Southold. con-
sists primarily of developed year-round residential neighbor-
hoods and that marine recreational uses are incidental to
such residential_ uses, and that it is in the best interests of the
Town of Southold and its residents to restrict and prohibit the
uncontrolled growth and burden on its waterways that would
result if the infusion of floating homes is not controlled.
3210 1-25-93
§ 48-4 GARBAGE, RUBBISH AND REFUSE § 48-4
[1] The location of the property to be occupied by
the guests.
[2] The names and permanent addresses of the
guests.
[3] The length of time of the guest occupancy.
(b) Upon a determination by the Town Clerk or person
• designated by her that the applicant is entitled to a
guest landfill permit and upon the payment of the
permit fee, such permit shall be issued and inscribed
with the vehicle license registration number and
shall be affixed to the vehicle in the same manner as
provided in § 48-4A(lxc) hereof.
(c) The fee for the issuance of a guest landfill permit
shall be twenty-five dollars ($25.).
(4) Per -load fee of two dollars ($2.) for each noncommercial
vehicle of less than one -ton capacity which possesses no
permit. [Amended 10-23-1990 by L.L. No. 24-1990; 2-
26-1991 by L.L. No. 3-1991; 3-26-1991 by L.L. No. 9-
19911-
(5)
-
1991]-(5) Per -load fee of thirty dollars ($30.) for each single -axle
truck which does not possess a permit. [Amended 10-23-
1990 by L.L. No. 24-1990; 2-26-1991 by L.L. No. 3-
1991; 3-26-1991 by L.L. No. 9-1991; 12-8-1992 by L.L.
No. 31-1992]
(6) Annual fee of sixty dollars ($60.) for each commercial
vehicle transporting liquid septic waste, together with an
additional fee of three cents ($0.03) for each gallon of
liquid waste discharged. [Amended 10-23-1990 by L.L.
No. 24-1990; 2-26-1991 by L.L. No. 3-1991; 3-26-1991
by L.L. No. 9-1991; 12-8-1992 by L.L. No. 31-1992]
(7) Annual fee of sixty dollars ($60.) for each commercial
contractor's vehicle of less than one -ton maximum gross
vehicle weight. [Amended 10-23-1990 by L.L. No. 24-
1990; 2-26-1991 by L.L. No. 3-1991; 3-26-1991 by L.L.
No. -9-1991; 12-8-1992 by L.L. No. 31-1992]
4809 1-25-93
§ 48-4 SOUTHOLD CODE § 48-4
(8) Annual fee of sixty dollars ($60.) for each farm vehicle of
one -ton or more capacity transporting agricultural waste.
[Amended 10-23-1990 by L.L. No. 24-1990; 2-26-1991
by L.L. No. 3-1991; 3-26-1991 by L.L. No. 9-1991; 12-
8-1992 by L.L. No. 31-19921
(9) Per -load fee of sixty dollars ($60.) for each double -axle
truck which does not possess a permit. [Amended 10-23- •
1990 by L.L. No. 24-1990; 2-26-1991 by L.L. No. 3-
1991; 3-26-1991 by L.L. No. 9-1991; 12-8-1992 by L.L.
No. 31-1992]
(10) Annual- fee of two hundred twenty dollars ($220.) for each
single -axle vehicle transporting solid waste (garbage).
[Amended 10-23-1990 by L.L. No. 24-1990; 2-26-1991
by L.L. No. 3-1991; 3-26-1991 by L.L. No. 9-1991; 12-
8-1992 by L.L. No. 31-19921
(11) Annual fee of two hundred twenty dollars ($220.) for each
commercial contractor's vehicle of more than one -ton
capacity. [Amended ' 10-23-1990 by L.L. No. 24-1990;
2-26-1991 by L.L. No. 3-1991; 3-26-1991 by L.L. No. 9-
1991; 12-8-1992 by L.L. No. 31-1992] -
(12) Annual fee of six hundred dollars ($600.) for each double -
axle and/or compactor -type vehicle transporting solid
waste (garbage). [Amended 10-23-1990 by L.L. No. 24-
1990; 2-26-1991 by L.L. No. 3-1991; 3-26-1991 by L.L.
No. 9-1991; 12-8-1992 by L.L. No. 31-19921
(13) Annual fee of six 'hundred dollars ($600.) for each
commercial contractor's double -axle and/or tractor -
trailer combination of more than one -ton capacity.
[Amended 10-23-1990 by L.L. No. 24-1990; 2-26-1991
by L.L. No. 3-1991; 3-26-1991 by L.L. No. 9-1991; 12-
8-1992 by L.L. No. 31-19921 •
B. [Added 11-29-1988 by L.L. No. 29-19881; amended 6-20-
1989 by L.L. No. 11-1989; 3-13-1990 by L.L. No. 2-1990;
11-24-1992 by L.L. No. 29-1992] Effective January 1, 1993,
in addition to the fees established in §, 484A of this chapter,
1 Editors Note: This local law also redesignated former Subsections B, C and D as
Subsections D, E and F, respectively.
4810- 1-25-93
§ 48-4 GARBAGE, RUBBISH AND REFUSE - § 48-4
there shall be a fee of three cents ($0.03) 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, unless such wood is designated by the
landfill attendant as recyclable wood. [Amended 2-5-
1991 by L.L. No. 1-1991]
(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.
(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, 1993, in addition to the fees established in
§ 484A and B, there shall be a fee of ten dollars ($10.) per
item on appliances, including but not limited to white goods,
refrigerators, washers, dryers, stoves, dishwashers, ovens and
the like. [Added 11-29-1988 by L.L. No. 29-1988; 12-8-1992
by L.L. No: 31-19921
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.
4810.1 1 -25-93
§ 48-4 SOUTHOLD CODE § 48-4
E. Refund of fees. In the event that the Town Clerk has heretofore
issued permits for vehicles transporting refuse into the town
(Cont'd on page 4811)
0
•
4810.2 1-25-93
§ 65-2 PARKING AT BEACHES § 65-2
(8) Parking area located on the southerly side of Narrow
River Road adjacent to Hallock's Bay at Orient, known
and referred to herein as "Narrow River Road Launching
Ramp." [Added 11-19-1985 by L.L. No. 17-1985;
amended 8-13-1991 by L.L. No. 21-19911
(9) Sound Road, Greenport, from the guardrail at the
northerly terminus southerly for a distance of five
• hundred (500) feet. [Added 8-13-1991 by L.L. No. 21-
1991]
(10) Rocky Point Road, East Marion, from the guardrail at
the northerly terminus southerly for a distance of five
hundred (500) feet. [Added 8-13-1991 by L.L. No. 21-
1991]
(11) Youngs Road, Orient, from the guardrail at the northerly
terminus southerly for a distance of five hundred (500)
feet. [Added 8-27-1991 by L.L. No. 22-19911
(12) Parking area on the north side of County Road 48 at
Mattituck, adjacent to Mattituck Creek, known and
referred to herein as "Town Launching Ramp at
Mattituck Creek." [Added 2-41992 by L.L. No. 3-1992]
(13) Leeton Drive, Southold, both sides, for a distance of 610
feet westerly from its intersection with Kenney's Road.
[Added 11-24-1992 by L.L. No. 23-19921
(14) North Sea Drive, Southold, both sides, for a distance of
820 feet westerly from its intersection with Horton's
Lane. [Added 11-24-1992 by L.L. No. 23-1992]
B. No person shall park a vehicle in any parking area designated
herein as a "Parking by Permit Only" area unless such vehicle
displays a valid parking permit duly issued for such vehicle in
accordance with the provisions of this chapter.
(Cont'd on page 6503)
6502.1 1 -25-93
§ 65-3 PARKING AT BEACHES § 65-3
(a) The number of rental units available at the ap-
plicant's premises.
(b) The number of, permits applied for.
(c) The designated business name, if any,, of the
premises applied for.
• (2) Upon a determination by the Town Clerk or a person
designated by him that the applicant is entitled to
such permits and upon payment of the required permit
fee, permits shall be issued; provided, however, that
the number- of permits issued shall not exceed the
number of rental units available at the premises
applied for. Such permits shall be inscribed with the
name of the applicant or the designated business name
of the applicant's premises and shall be used only by
paying guests occupying the premises for which such
permits are issued.
(3)
Hotel -motel parking permits shall be transferable and
shall be displayed on the dashboard on the passenger side
of the vehicle. The owner or manager to whom such
permits are issued shall make no charge for the use of
such permits by such guests, but may require a deposit to
ensure return of a permit. [Amended 11-24-1992 by
L.L. No. 19-1992]
(4)
The fee for the issuance of a hotel -motel parking
permit shall be such fee as shall be prescribed by
resolution of the Southold Town Board.
D: One -day nonresident permits.
(1)
One -day nonresident parking permits may be issued
for the parking of vehicles on the parking areas at
•
Southold Town Beach, Norman E. Klipp Marine Park
and New Suffolk Beach to any person by the at-
tendant on duty at such parking areas. [Amended 5-9-
72]
(2)
Such permit shall be valid only for the day on which
the same is issued.
6505 1-25-93
§ 65-3 SOUTHOLD CODE § 65-3
(3) The fee for the issuance of a one -day nonresident
parking permit shall be such fee as shall be prescribed
by resolution of the Southold Town Board.
E. Guest permits. [Added 12-28-82 by L.L. No. 9-19821
(1) Guest parking permits shall be issued by the Town
Clerk, or a person designated by the Town Clerk, to all •
persons who are qualified residents of the Town of
Southhold, as defined in § 65-3A hereof, for use by
guests temporarily residing in the dwelling, of such'
resident. A resident applying for a guest parking . ,
permit- shall present, an application in affidavit form,
signed by the applicant, setting forth the following-
(a)
ollowing(a) The location of the property to be occupied by the "
guests.
(b) The names and permanent addresses of the
guests.
(c) The length of time of the guest. occupancy.
j2) Upon a determination by the Town Clerk, or person
designated by the Town Clerk, that the applicant is
entitled to ' a guest parking permit and upon the
payment of the permit fee, such permit shall be issued
and inscribed with the vehicle license registration
number and shall be affixed to the vehicle in the same
manner as provided in § 65-3A(3) hereof.
(3) The fee for the issuance of a guest parking permit shall
be such fee as shall be prescribed by a resolution of the
Southold Town Board.
F. Nonresident seasonal beach parking permit. Beach parking _
permits for nonresidents for the period April 1 - through •
October 31 may be issued by the Town Clerk of the Town of
Southold upon application therefor for the annual sum of one
hundred fifty dollars ($150.), which annual sum shall include
both the vehicle and boat trailer. [Added 7-14-1987 by L.L.
No. 11-1987; amended 10-23-1990 by L.L. No. 21-1990]
6506 1-25-93
§ 76-10 SEWERS § 76-12
pling, repair and maintenance of any portion of the sewage
works lying within said easement. All entry and subsequent
work, if any, on said easement shall be done in full accordance
with the terms of the duly negotiated easement pertaining to
the private property involved.
• § 76-11. Penalties for offenses; disconnection.
A. Any person found to be violating any provision of this Article
except § 76-6 shall be served by the District with written no-
tice stating the nature of the violation and providing a rea-
sonable time limit for the satisfactory correction thereof. The
offender shall, within the period of time stated in such notice,
permanently cease all violations.
B. Any person who shall violate any provision of this Article
shall be fined not more than one hundred dollars.($100.) or
imprisoned not more than thirty (30) days or both. Each
day that any violation of this Article continues and each day
that any person continues to discharge prohibited wastes or
substances into any public sewer shall be deemed to be a sep-
arate offense for the purpose of applying the penalty provided
in this section.
C. Any person who fails to cease and desist violation of this
Article upon notification thereof may,' after the period of time
stated in the notice for correction thereof, be disconnected
from the public sewer system. Notice of disconnection shall be
served by the District ten (10) days prior to the actual
disconnection.
§ 76-12. Discretionary monitoring of effluents.
The District may require as a condition to the connection and/or
continued use of the District's sewer facilities that flow -metering, pH -
monitoring and suitable effluent -sampling stations be provided at the
owner'(s) expense by industry connected to the District sewer system
as required by prudent engineering standards.
7629 1 -25-93
§ 76-13 SOUTHOLD CODE § 76-21
§ 76-13. Severability.
If any section, clause, sentence or provision of this .Article be ad-
judged invalid or unenforceable, such adjudications shall not affect'
the validity of any other provision hereof, but all other provisions
shall be deemed valid and effective and shall remain in full force and
effect. -
§§ 76-14 through 76-19. (Reserved)
ARTICLE II
Rents and Charges
[Adopted 3-24-87 as L.L: No. 5-19871
§ 76-20. Purpose.
Pursuant to the provisions of Article 14-F of the General Municipal
Law, the Town Board, acting for and on behalf of the Fishers Island -
Sewer District (FISD), does hereby establish a scale of annual
charged to be called "sewer rents" for the use of the sewer system,
within the FISD.
§ 76-21. Rents; penalty for late payment.
A. In addition to any and all other fees and. charges provided by .
law, the owner of a parcel of land served by the sanitary sewer
system of ,the FISD shall pay an annual sewer rent for the use
of.such sanitary sewer system, which shall be based upon an
annual charge of three hundred dollars ($300.) for each
separate dwelling unit served by the system. Such annual
sewer rents shall be paid in semiannual installments of one
hundred fifty dollars ($150.) on the first day of January and
June of each year. [Amended 11-15-1988 by L.L. No. 27-
1988; 12-11-1990 by L.L. No. 28-1990; 11-24-1992 by L.L.
No. 27-19921
B. If such sewer rents are not paid within thirty (30) days of the
due date, a penalty of five percent (5%) shall be paid.
7630 1 -25-93
§ 92-10 VEHICLES AND TRAFFIC § 92-20
CURBLINE — The prolongation of the lateral line of a curb
or, in the absence of a curb, the lateral bounday line of the
highway.
HOLIDAYS — New Year's Day, Memorial Day, Independ-
ence Day, Labor Day, Thanksgiving and Christmas shall be
considered "holidays."
• OFFICIAL TIME STANDARD — Whenever certain hours
are named herein or on traffic control devices, they shall mean
the time standard which is in current use in this state.
PUBLIC PARKING LOT — A plot or parcel of land owned
and/or leased by the Town of Southold, not including
highways, upon or within which the parking of vehicles is
regulated by signs and/or parking meters.
§ 92-11. Authority to install traffic control devices.
The Superintendent of Highways of the Town of Southold shall
install and maintain traffic control devices when and as required
under the provisions of this chapter, to make effective the provisions of
this chapter, and may install and maintain such additional traffic
control devices as he may deem necessary to regulate, warn or guide
traffic, under and subject to the provisions of the Vehicle and Traffic
Law of the State of New York.
ARTICLE II -
One -Way Streets
§ 92-20. One-way streets designated.
The following streets or parts of streets are hereby designated as
one-way streets, and vehicles shall proceed only in the direction
indicated within the limits designated below:
Name of Street Direction Location
Beckwith Avenue Northerly and Entire length
easterly
Fones Street Easterly Entire length
9203 1 -25-93
§ 92-20
Name of Street
Hobart Avenue
SOUTHOL'D CODE
Direction
Southerly
Mechanic Street Southerly
Sound Avenue Westerly
[Added 12-22-1992
by L.L. No. 36-
19921
Winthrop Drive Southerly
Location
§ 92-30
Between New York Route 25
(Main Road) and Korn Road
Between New York Route 25
(Main Road) and Mechanic
Street East
Between New York Route 25
(Main Road) and Westphalia
Road
Between Ferry Road and
Whistler Drive
ARTICLE III
Stop and Yield Intersections
§ 92-30. Stop intersections with stop signs.
The following highway intersections are hereby designated asstop
intersections and stop signs, shall be erected as follows:
(Cont'd on page.9205)
9204 1-25-93
13
ZONING
Chapter 100
ZONING
ARTICLE I
• General Provisions
§ 100-9.
Title.
§ 100-10.
Purposes.
§ 100-11.
Interpretation and conflicts.
§ 100-12.
Exceptions.
§ 100-13.
Definitions.
ARTICLE II
Districts
§ 100-20. District designations.
§ 100-21. Zoning Map.
§ 100-22. District boundaries.
§ 100-23. Effect of establishment of districts.
ARTICLE III
Agricultural -Conservation (A -C) District
and Low -Density Residential R-80, R-120,
R-200 and R-400 Districts
§ 100-30. Purpose.
§ 100-31. Use regulations.
§ 100-32. Bulk, area and parking regulations.
§ 100-33. Accessory buildings.
10001 1-25-93
SOUTHOLD CODE
ARTICLE IIIA
Low -Density Residential R-40 District
§ 100-30A.1. Purpose.
§ 100-30A.2. Use regulations.
§ 100-30A.3. Bulk, area and parking regulations.
§ 100-30A.4. Accessory buildings.
ARTICLE IV
Hamlet Density (HD) Residential District
§ 100-40.
Purpose.
§ 100-41.
Applicability.
§ 100-42.
Use regulations.
§ 100743.
Bulk, area and parking regulations.
ARTICLE V
Affordable Housing (AHD) District
§ 100-50.
Purpose.
§ 100-51.
Definitions.
§ 100-52.
Applicability.
§ 100-53.
Use regulations.
§ 100-54.
Bulk, area and parking regulations.
§ 100-55.
Application procedure.
§ 100-56.
General regulations and requirements.
§ 100-57.
Administration.
§ 100=58.
Applicability of other Code provisions.
§ 100-59.
Penalties for offenses..
10002 1-25-93
•
•
ZONING
ARTICLE XIV
Light Industrial (LI) District
§ 100-140. Purpose.
§ 100-141. Use regulations.
§ 100-142. Bulk, area and parking regulations.
ARTICLE XV
Density, Minimum Lot Size and Bulk. Schedules
§ 100-150. Repeal of existing schedule; incorporation of new
schedules.
§ 100-151. Conformance required.
ARTICLE XVI
(Reserved)
ARTICLE XVII
(Reserved)
ARTICLE XVIII
Cluster Development
§ 100-180. Purpose.
§ 100-181. Applicability.
® ARTICLE XIX
Parking and Loading Areas
§ 100-190. Purpose.
§ 100-191. Off-street parking areas.
§ 100-192. Off-street loading areas.
10005 1-25-93
SOUTHOLD CODE
ARTICLE XX
Signs
§ 100-200.
Purpose.
§ .100-201.
Applicability; permit required; application; ap-
Purpose.
proval; fees.
§ 100-202.
General design principles. •
§, 100-203.
Prohibitions and general restrictions.
§ 100-204.
Limitation of content or copy.
§ 100-205.
Speck regulations.
§ 100-206.
Unsafe, abandoned and unlawful signs.
§ 100-207.
Continuation of existing signs.
ARTICLE. XXII
(Reserved)
ARTICLE XXIII
Supplementary Regulations
§ 100-230. Exceptions and modifications.
§ 100-231. Height of fences, walls and berms.
10006 1-25-93
ARTICLE XXI
Landscaping,. Screening and Buffer Regulations
§ 100-210.
Purpose.
§ 100-211.
General requirements.
§ 100-212:
Front landscaped area.
§ 100-213.
Transition buffer area.
§ 100-214.
Landscaped parking area.
§ 100-215.
Properties located adjacent to creeks.
ARTICLE. XXII
(Reserved)
ARTICLE XXIII
Supplementary Regulations
§ 100-230. Exceptions and modifications.
§ 100-231. Height of fences, walls and berms.
10006 1-25-93
ZONING
§ .100-232.
Corner lots.
§ 100-233.
Building length and separation for buildings con-
taining multiple dwellings.
§ 100-234.
Courts.
§ 100-235.
Access requirements.
• § 100-236.
Open storage.
§ 100-237.
Prohibited uses in all districts.
§ 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.
(Reserved)
§ 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 1-25-93
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 1-25-93
§ 100-33 ZONING § 100-30A.1
buildings and structures or other accessory uses shall be located in the
required rear yard, subject to the following requirements:
A. Such buildings shall not exceed eighteen (18) feet in height.
B. Setbacks. [Amended 7-17-1990 by L.L. No. 14-1990; 2-5-
1991 by L.L. No. 249911
• (1) On lots containing up to twenty thousand (20,000) square
feet, such buildings shall be set back no less than three (3)
feet from any lot line.
(2) On lots containing more than twenty thousand (20,000)
square feet up to thirty-nine thousand nine hundred
ninety-nine (39,999) square feet, such buildings shall be
set back no less than five (5) feet from any lot line.
(3) On lots containing in excess of thirty-nine thousand nine
hundred ninety-nine (39,999) square feet up to seventy-
nine thousand nine hundred ninety-nine (79,999) square
feet, such buildings shall be set back no less than ten (10)
feet from any lot line.
(4) On lots containing in excess of seventy-nine thousand nine
hundred ninety-nine (79,999) square feet, such buildings
shall be set back no less than twenty (20) feet from any lot
line.l
C. In the case of a waterfront parcel, accessory buildings and
structures may be located in the front yard, provided that such
buildings and structures meet the front -yard setback
requirements as set forth by this Code. [Added 12-22-1992
by L.L. No. 33-1992]
ARTICLE IIIA
Low Density Residential R-40 District
[Added 1-10-89 by L.L. No. 1-1989]
§ 100-30A.1. Purpose.
The purpose of the Low -Density Residential R-40 District is to
provide areas for residential development where existing neighbor -
Editor's Note: Former Subsection C, regarding percentage of occupancy of required
yard, was repealed 7-17-1990 by L.L. No. 14-1990.
10051 1 -25-93
§ 100-30A.1 SOUTHOLD CODE § 100-30A.3
hood characteristics, water supply and environmental conditions
permit full development densities of approximately one (1) dwelling
per acre and where open space and agricultural preservation are not
predominate objectives.
§ 100-30A.2. Use regulations.
In an R-40 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) Same as § 100-31A of the Agricultural -Conservation
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) Same as § 100-31B of the Agricultural -Conservation
District, except that a children's recreation camp, farm
labor camp and veterinarian's office and animal hospital
are not permitted and bed -and -breakfast uses do not
require site plan approval.
(2) Libraries, museums or art galleries.
C. Accessory uses, limited to the following:
(1) Same as § 100-31C of the Agricultural -Conservation
District.
v
§ 100-30A.3. 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 Low -Density Residential R-
40 District unless the same conforms to the requirements of the Bulk
10052 1-25-93
§ 100-30A.4 ZONING § 100-40
Schedule and of the Parking Schedule,$ with the same force and effect
as if such regulations were set forth herein in full.
§ 100-30A.4. Accessory buildings.
iAccessory buildings shall be subject to the same requirements as
§ 100-33 of the Agricultural -Conservation District.
is
ARTICLE IV
Hamlet Density (HD) Residential District
[Added 1-10-89 by L.L. No. 1-19899)
§ 100-40. Purpose.
The purpose of the Hamlet Density (HD) Residential District is to
permit a mix of housing types and level of residential density
appropriate to the areas in and around the major hamlet centers,
particularly Mattituck, Cutchogue, Southold, Orient and the Village
of Greenport.
(Cont'd on page 10053)
8 Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking
Schedule is in § 100-191A.
9 Editor's Note: This local law also repealed former Art. IV, M Light Multiple -Residence
District, as amended.
10052.1 1 -25-93
§ 100-51 ZONING § 100-51
§ 100-51. Definitions.
For the purpose of this Article, the following terms, phrases and
words shall have the following meanings:
CONSUMER PRICE INDEX — The consumer price index
as published by the United States Department of Labor,
Bureau of Labor Statistics, for the New York Metropolitan
area.
DIRECTOR — The Director of Community Development for
the Town of Southold.
MODERATE -INCOME FAMILY — A family whose aggre-
gate annual income, including the total of all current annual
income of all family members [excluding the earnings of
working family members under age twenty-one (21)] from any
source whatsoever at the time of application for the purchase
or lease of an affordable housing unit or the purchase of an
unimproved affordable lot, does not exceed thirty-nine
thousand dollars ($39,000.), which annual income shall be
revised each year on January 31 to conform to the previous
year's change in the consumer price index.
MODERATE -INCOME FAMILY DWELLING UNIT — A
dwelling unit reserved for rent or sale to a moderate -income
family and for which the maximum monthly rent (excluding
utilities) or the maximum initial sales price does not exceed
the maximum rent or maximum sales price set forth in § 100-
56E hereof. In no event shall the purchaser of said dwelling
unit be responsible for the payment of any utility hook-up fees
including those customarily charged for bringing same from
the lot line to the dwelling house. [Amended 12-22-1992 by
L.L. No. 34-1992]
MODERATE -INCOME FAMILY UNIMPROVED LOT —
An unimproved lot reserved for sale to a moderate -income
family and for which the maximum initial sales price,
inclusive of the cost of providing public water and/or public
sewer service to the lot, does not exceed the maximum sales
price set forth in § 100-56E hereof. Said "unimproved lot"
shall mean a vacant parcel of real property designated as a lot
10055 1-25-93
§ 100-51 SOUTHOLD CODE § 100-53
on a filed map, inclusive of all utilities brought to the property
line. [Amended 12-22-1992 by L.L. No. 34-1992]
PERMANENT FIXED IMPROVEMENT — An improve-
ment to a lot or a moderate -income family dwelling unit which
cannot be removed without substantial damage to premises or
total loss of value of said improvements.
UTILITIES — Electric, gas (if provided to the subdivision),
telephone and water. Cablevision shall be provided without
cost. only to the lot line. [Added 12-22-1992 by L.L. No. 34-
19921
§ 100-52. Applicability.
AHD Districts shall be established by application to the Town
Board, pursuant to the procedures hereinafter specified, on parcels of
land located within the following areas:
A. Land within a one -half -mile radius of the post offices located in
the Hamlets of Mattituck, Cutchogue, Peconic and Southold.
B. Land within a one -fourth -mile radius of the post offices located
in the Hamlets of East Marion and Orient.
C. Land within. one-fourth (%) mile of the boundaries of the
incorporated Village of Greenport.
D. Land in such other areas as shall be designated by Town
Board resolution after a public hearing thereon, upon ten (10)
days' notice thereof by publication in the official town
newspapers.
§ 100-53. Use regulations.
In the AHD 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 dwellings.
10056 1-25-93
§ 100-53 ZONING § 100-55
(2) Two-family dwellings.
(3) Multiple dwellings.
B. Accessory uses. Accessory uses as set forth in and regulated
by § 100-31C(1), (2), (3), (4), (6) and (7) of this chapter.
• § 100-54. 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 AHD District unless the
same conforms to the following Bulk, Area and Parking Schedule:
BULK, AREA AND PARKING SCHEDULE
Minimum
Single -Family
Two -Family
Multiple
Requirements
Dwellings
Dwellings
Dwellings
Total lot area (square feet)
10,000
20,000
40,000
Lot width (feet)
so
100
150
Lot depth (feet)
100
140
200
Front yard (feet)
35
35
45
1 side yard (feet)
15
15
20
Both side yards (feet)
25
30
40
Rear yard (feet)
35
35
45
Livable floor area (square feet per dwelling)
850
600
600
Off-street parking spaces (per dwelling)
2
2
2
Land area (square feet per dwelling unit)
10,000
10,000
10,000
Single -Family
Two -Family
Multiple
Maximum Permitted Dimensions
Dwellings
Dwellings
Dwellings
Lot coverage (percent)
20%
25%
25%
Building height
35
35
35
Number of stories
2Y,
2Y2
2%
§ 100-55. Application procedure.
A. Application procedure. The procedure for planning and zoning
approval of any future proposed development in an AHD
District shall involve a three -stage review process as follows:
(1) Approval by the Town Board of a preliminary develop-
ment concept plan.
(2) Approval of the final, detailed subdivision plat by the
Planning Board.*
10057 1 -25-93
§ 100-55 SOUTHOLD CODE § 100-55
(3) The zoning reclassification of a specific parcel or parcels
of land for development in accordance with that plan.*
*NOTE: The town shall, in all instances, process
Subsection A(2) and (3) above concurrently so as to enable
the municipality to utilize a single SEQRA process and
conduct a coordinated review of the entire application.
B. Application to the Town Board for rezoning approval. Four (4)
copies of the application for the establishment of an AHD
District shall be filed with the Town Clerk, who shall submit
a copy to the Town Board at its next regular scheduled
meeting. The application shall contain at least the following
information:
(1) The names and addresses of the property owners and all
other persons having an interest in the property; the
name and address of the applicant, if not the owner; and
the names and addresses of any planners, engineers,
architects, surveyors and all other persons or firms
engaged or proposed to be engaged to perform work and/
or services with respect to the project described in the
application.
(2) If the applicant is not the owner of the property, written
authorization of the owner or owners authorizing the
applicant to submit the application on behalf of the owner
or owners.
(3) A written statement describing the nature of the
proposed project and how it will be designed to fulfill the
purposes of this Article, including its consistency with the
Town Master Plan; an analysis of the site's relationship to
adjoining properties and the surrounding neighborhood;
the availability and adequacy of community facilities and
utilities, including public water and public sewer systems,
to serve the needs of the project and the residents therein;
the safety and capacity of the street system in the area in
relation to the anticipated traffic generated; and such
other information as deemed necessary by the Town
Board and/or the Planning Board to enable them to
properly review and act upon the application.
10058 1-25-93
§ 100-55 ZONING § 100-55
(4) A written statement describing the proposed method of
ownership, operation and maintenance of all proposed
common utilities, including public water and sewer
facilities, and open land located within the proposed
development.
(5) A preliminary development concept plan for the proposed
• project, drawn to a convenient scale and including the
following information:
(a) The total area of the property in acres and square
feet.
(b) A map of existing terrain conditions, including
topography with a vertical contour interval of no
more than two (2) feet, identification of soil types
(including wetlands), existing drainage features,
major rock outcroppings, the extent of existing
wooded areas and other significant vegetation, and
other significant features of the property.
(c) A site location sketch indicating the location of the
property with respect to neighboring streets and
properties, including the names of all owners of
property within five hundred (500) feet therefrom,
as shown on the last completed town assessment roll.
Such sketch shall also show the existing zoning of
the property and the location of all zoning district
boundaries in the surrounding neighborhood.
(d) A preliminary site development plan indicating the
approximate location, height and design of all
buildings, the arrangement of parking areas and
access drives and the general nature and location of
all other proposed site improvements, including
recreational facilities, landscaping and screening,
the storm drainage system, water and sewer
connections, etc.
(e) A plan showing the number, type and location of all
proposed dwelling units and unimproved lots to be.
reserved for sale or lease to moderate -income
10059 1-25-93
§ 100-55 SOUTHOLD CODE' § 100-55
families and the ratio of the same to all proposed
dwelling units and lots in the development.
(f) A generalized time schedule for the staging and
completion of the proposed project.'
(6) [Added 12-22-1992 by L.L. No. 34-1992] Fees. Not-
withstanding anything to the contrary, the fees applicable •
to AHD zoning application processes shall be as follows:
(a) There shall be no fee for the submission and
consideration of a preliminary development concept
plan.
(b) The fee for change of zone shall be five hundred
dollars ($500.).
(c) The subdivision fees shall be assessed in the
following manner: fifteen dollars ($15.) for each
proposed dwelling unit or five hundred dollars
($500.), whichever is greater.
(d) The applicant shall be responsible for any profession-
al review fees necessarily incurred by the town in
conducting its coordinated review of the application.
C. Referral to Planning Board. Upon the receipt of a property
completed application for the establishment of ,a new AHD
District,. one (1) copy of the application shall be referred to the
Planning Board for its review and report, and one (1) copy
shall be referred to the Suffolk County Planning Commission
for its review and recommendation, if required by the
provisions of the Suffolk County Charter. Within sixty (60)
days from the date of the Planning Board meeting at which
such referral is received, the Planning Board shall report its
recommendations to the'Town Board. No action shall be taken
by the Town Board until receipt of the Planning Board report
or the expiration of the Planning Board review period,
whichever first occurs. Said review period may be extended by
mutual consent of the Planning Board and the applicant.
I Editors Note: Former Subsection B(5)(g), 'which set an application fee and which
immediately followed this subsection, was deleted 12-22-1992 by L.L. No. 34-1992. See now
Subsection 13(6) below. _
10060 1-25-93
§ 100-55 ZONING § 100-55
D. Planning Board report. The Planning Board, in its report to
the Town Board, may recommend either approval of the
application for the establishment of the AHD District, with or
without modifications, or disapproval of said application. In
the event that the Planning Board recommends disapproval of
said application, it shall state in its report the reasons for such
disapproval. In preparing its report and recommendations, the
• Planning Board shall give consideration to the Town Master
Plan, the existing and permitted land uses in the area, the
relationship of the proposed design and location of buildings on
the site, traffic circulation, both on and off the site, the
adequacy and availability of community facilities and utilities,
including public water and public sewer systems, to service
the proposed development, compliance of the proposed
development with the standards and requirements of this
Article, the then -current need for such housing and such other
factors as may be related to the purposes of this Article.
E. Town Board public hearing. Within forty-five (45) days from
the date of the Town Board's receipt of the Planning Board's
report and recommendation or the expiration of the Planning
Board review period, whichever first occurs, the Town Board
shall hold a public hearing on the matter of establishing an
AHD District on the property described in the application.
Such hearing shall be held upon the same notice as required
by law for amendments to the Town Zoning Map and/or
Zoning Code.
F. Town Board action.
(1) Within forty-five (45) days after the date of the close of
the public hearing, the Town Board shall act either to
approve, approve with modifications or disapprove the
• preliminary development concept plan and the approval
or disapproval of the establishment of the AHD District
applied for. Approval or approval with modifications shall
be deemed as authority for the applicant to proceed with
the detailed design of the proposed development in
accordance with such concept plan and the procedures
10061 1 -25-93
§ 100-55 SOUTHOLD CODE § 100-55
and requirements of this Article. A copy of the Town
Board's determination shall be filed with the Planning
Board and a copy mailed to the applicant. A copy shall
also be filed in the Town Clerk's office. If such determina-
tion approves the establishment of a new AHD District,
the Town Clerk shall cause the Official Zoning Map to be
amended accordingly. •
(2) Revocation; extension. [Amended 12-22-1992 by L.L.
No. 34-1992]
(a) Upon request to the Town: Board on notice to the
applicant and for good cause shown, the establish-
ment of an AHD District may be revoked eighteen
(18) months after said Town Board approval thereof
if work on the site has not commenced or the same is
not being prosecuted to conclusion with reasonable
diligence.
(b) The Town Board, upon request of the applicant and
upon good cause being shown, may, in the exercise of
its discretion, extend the above time period. In the
event of the revocation of aproval as herein provided,
the AHD District shall be deemed revoked, and the
zoning classification of the property affected thereby
shall revert to the zoning classification that existed
on the property immediately prior to the establish-
ment of the AHD District thereon, and the Town
Clerk shall cause the Official Zoning Map to be
amended accordingly.
G. Subdivision plat approval by the Planning Board. [Amended
12-22-1992 by L.L. No. 34-19921
(1) No earthwork, site work, land clearing, construction or
development activities shall take place on any property
within an AHD District except in accordance with a site
plan approved by the Planning Board in accordance with
the provisions of this Article and in accordance with the
procedures and standards for site plan approval as set
forth in Article XXV of this chapter.
10062 1-25-93
§ 100-55 SOUTHOLD CODE § 100-56
(2) Where a proposed development involves the subdivision or
resubdivision of land, no development shall proceed until
the Planning Board has granted final subdivision plat
approval in accordance with the provisions of Chapter
A106, Subdivision of Land, of the Town Code.
• § 100-56. General regulations and requirements.
A. Sewer and water. In an AHD District, public water supply
systems and/or public sewage disposal systems shall be
provided to serve all dwelling units located therein.
B. Covenants and restrictions. In approving a preliminary
development concept plan and/or the establishment of an
AHD District, the Town Board shall have the right to require
the applicant and/or the owner and all persons having an
interest in the premises to execute an agreement, in recordable
form, containing such restrictions, covenants, terms and
conditions as it deems necessary to accomplish the intent and
purposes of this Article.
C. Provision for moderate -income family dwelling units and
unimproved lots.
(1) On land within an AHD District containing ten (10) acres
or less of land, not less than forty percent (40%) of the
dwelling units and/or unimproved lots located therein
shall be reserved for sale or lease to moderate income
families.
(2) On land within an AHD District containing more than
ten (10) acres of land, not less than fifty percent (50%) of
the dwelling units and/or unimproved lots therein shall
be reserved for sale or lease to moderate income families.
D. [Amended 5-8-1990 by L.L. No. 9-1990; 12-22-1992 by L.L.
No. 34-19921 Eligibility. In each AHD, the sale or lease of
dwelling units and unimproved lots reserved for moderate -
income families who have not had any ownership interest in
any residence or vacant lot for the past five (5) years shall be
allocated on a priority basis, in the following order:
(Cont'd on page 10063)
10062.1 1 -25-93
§ 100-56 ZONING
§ 100-57
(b) [Amended 12-22-1992 by L.L. No. 34-1992] That
the portion of the resale price
in excess of the
maximum allowable resale price shall be divided
between the resale seller and
the town in the
following proportions:
Year of Resale Percentage
Percentage
• After Purchase to Owner
To Town
1st 0%
100%
2nd 20%
80%
3rd 40%
60%
4th 60%
40%
5th 80%
20%
6th 900/0
100/0
7th or beyond 100%
00/0
(c) All money received by the town pursuant to the
provisions of the preceding Subsection F(4)(b) shall
be deposited in separate accounts and shall be
expended only for the purposes of this Article in
such manner as shall be determined by the Town
Board.
§ 100-57. Administration.
A. General duties of Director.
(1) The Director shall be responsible for the administration
of dwelling units and unimproved lots reserved for
moderate -income families in all AHD Districts pursuant
to the provisions of this Article.
(2) The Director shall promulgate and maintain information
and documentation of all dwelling units and unimproved
is lots reserved for moderate -income families in all AHD
Districts; the number thereof available for sale or lease at
all times; the sales prices and monthly rent for such
dwelling units and lots; and the names and addresses of
eligible families desiring to purchase or lease the same,
together with a priority list of such families. The Director
10065 1 -25-93
§ 100-57 SOUTHOLD CODE § 100-57
shall maintain such other records and documents as shall
be required to properly administer the provisions of this
Article.
B. Interagency cooperation.
(1) Whenever the Town Board approves the establishment of
an AHD District, a copy of such determination shall be •
filed with the Building Inspector and the Director,
together with a copy of any agreements and/or covenants
relating thereto.
(2) Whenever the Planning Board approves a subdivision
plat and/or a site plan affecting land within an AHD
District, a copy thereof shall be filed with the Building
Inspector and the Director, together with copies of any
agreements and/or covenants relating thereto.
(3) Whenever the Building Inspector shall issue a building
permit, a certificate of occupancy or any other permit or
authorization affecting dwelling units and/or unimproved
lots located in an AHD District and reserved for sale or
lease to moderate -income families, a copy thereof shall be
filed with the Director.
C. Procedure.
(1) Whenever the Building Inspector receives an application
for a certificate of occupancy for a dwelling unit or
unimproved lot located in an AHD District and reserved
for sale or lease to moderate -income families, the
Building Inspector shall file a copy thereof with the
Director, who shall inform the owner and/or person filing
such application of the maximum sales price or monthly
rent for such dwelling unit or lot as well as eligibility
requirements for families seeking to purchase or lease
such dwelling units or lots.
(2) No certificate of occupancy may be issued by the
Building Inspector until the Director has supplied the
Building Inspector with the information provided for in
the preceding subsection and the Building Inspector
determines that the issuance of the certificate of
10066 1 -25-93
§ 100-57 ZONING § 100-57
occupancy will not permit a use, occupancy, sale or lease
of a dwelling unit or unimproved lot in violation of the
provisions of this Article.
(3) The Director shall certify the eligibility of all applicants
for lease or purchase of dwelling units and unimproved
lots reserved for moderate -income families. An owner of
• dwelling units and unimproved lots in an AHD District
which are reserved for sale or lease to moderate -income
families shall not sell or lease the same to any person who
does not possess a certificate of eligibility issued by the
Director. A violation of the provisions of this subsection
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.
(7) An applicant for a certificate of eligibility aggrieved by
any determination of the Director shall have the right to
appeal such determination to the Town Board at its next
regularly scheduled work session or to any standing
committee of the Town Board designated by resolution to
hear such appeals. [Added 12-28-1990 by L.L. No. 31-
1990]
10067 1-25-93
§ 100-57 SOUTHOLD CODE § 100-60
(8) The only covenants and restrictions which may even be
placed upon any lot or dwelling unit in an AHD District
must be first approved by action of the Town Board.
[Added 12-22-1992 by L.L. No. 34-1992]
§ 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.
§ 100-59. Penalties for offenses. [Added 12-22-1992 by L.L. No.
34-1992]
Any violation of any provision of this Article shall be punishable in
the following manner:
A. First offense: by a fine of not less than one thousand dollars
($1,000.) nor more than five thousand dollars ($5,000.).
B. Second offense and for any offense thereafter: by a fine of not
less than five thousand dollars ($5,000.) and not more than ten
thousand dollars ($10,000.) for each offense.
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 is
sewers, more intense development may occur consistent with the
density and character of surrounding lands.
12 Editors (Vote: This local law also repealed former Art. V1, B Light Business District, as
amended.
10068 1 -25-93
§ 100-61 ZONING § 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. 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-
1989]
(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.
10068.1 1 25 -'93
§ 100-61 SOUTHOLD CODE § 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) •
•
10068.2 1 -25-93
§ 100-192 ZONING § 100-200
D. Joint facilities. Permitted or required loading berths, open or
enclosed, may be provided in spaces designed to serve jointly
two (2) or more adjacent establishments, provided that the
number of required berths in such joint facilities shall not be
less than the total required for all such facilities.
E. Lots divided by district boundaries. When a lot is located
• partly in one district and partly in another district, the
regulations for the district requiring the greater number of
loading berths shall apply to all of the lot. Loading berths on
such lot may not be located in any residence district unless the
use to which they are accessory is permitted in such district or
upon the approval of the Board of Appeals.
ARTICLE XX
Signs
[Added 1-10-89 by L.L. No. 1-19891
§ 100-200. Purpose.
The purpose of this Article is to regulate existing and proposed
signs in order to:
A. Protect property values.
B. Create a more attractive economic and business climate.
C. Enhance and protect Southold's physical appearance and
environment.
D. Preserve the historic and architectural heritage of the town.
• E. Provide a more enjoyable and pleasing community.
F. Reduce sign or advertising distraction and obstructions that
may contribute to traffic accidents.
G. Reduce hazards that may be caused by signs overhanging or
projecting over public rights-of-way.
10117 1-25-93
§ 100-201 SOUTHOLD CODE § 100-201
§ 100-201. Applicability; permit required; application; approval;
fees.
A. The provisions of this Article shall apply in all districts.
B. Except as otherwise provided in this chapter, signs shall not
hereafter be erected, structurally altered, enlarged or moved
or reconstructed within the town unless a permit is obtained
from the Building Inspector and payment of the required fee
per sign in accordance with the Town of Southold fee as
specified in Subsection F below. The following two (2)
operations shall not be considered as creating a new sign and,
therefore, shall not require a new sign permit:
(1) Replacing copy: the changing of the advertising or
message on an approved sign which is specifically
designed for the use of replaceable copy.
(2) Maintenance: painting, cleaning and other normal
maintenance and repair of a sign or a sign structure,
unless a structural change is made. [Amended 11-24-
1992 by L.L. No. 21-1992]
C. Application for a sign permit shall be made on a form
provided by the Building Inspector, which application shall
include:
(1) The name, address and telephone number of the appli-
cant.
(2) The name, address and telephone number of the sign
maker.
(3) The location of the building, structure or land to which or
upon which the sign is to be erected.
(4) A color photo of the building upon which the sign is to be
erected.
(5) The size of the sign.
(6) A description of the construction details of the sign,
showing the lettering and/or pictorial matter composing
the sign, position of lighting or other extraneous devices.
10118 1-25-93
§ 100-230 ZONING § 100-232
the particular district shall not in the aggregate occupy
more than twenty percent (20%) of the horizontal area of
the roof and are set back one (1) foot from the edge of the
roof for each additional foot in height greater than the
specified height.
(3) All mechanical equipment necessary to operate building
• services, which equipment is located on the roof of a
structure, shall be screened in a manner approved by the
Planning Board.
E. Retail sales in residential districts. Notwithstanding any other
provision of this chapter, all premises located in any
residential district and upon which retail sales are conducted
shall be subject to site plan approval by the Planning Board,
pursuant to the provisions of Article XXV.
§ 100-231. Height of fences, walls and berms. [Amended 11-24-
1992 by L.L. No. 25-1992]
Fences, walls or berms may be erected and maintained, subject to --
the following height limitations:
A. When located in the front yard of residential zones, the same
shall not exceed four (4) feet in height. When located in the
front yard of nonresidential zones, the same shall not exceed
six (6) feet in height.
B. When located in or along side and rear yards, the same shall
not exceed six and one-half (61/2) feet in height.
§ 100-232. Corner lots.
A. On a corner lot, front yards are required on both street
frontages, and one yard other than the front yard shall be
deemed to be a rear yard, and the other or others side yards.
B. On all corner lots, berms, walls, fences and hedges or any other
potential obstruction to vision shall not exceed a height of two
and one-half (2%) feet above the average street level within an
10133 v- 25 - 93
§ 100-232 SOUTHOLD CODE § 100-235
isosceles triangle having thirty-foot sides along each street to
preserve sight lines for traffic.
§ 100-233. Building length and separation for buildings contain-
ing multiple dwellings.
A. No building shall exceed one hundred twenty-five (125) feet in
length. •
B. The minimum distance between principal buildings shall be
equal to two (2) times the height of the highest building, and
the minimum distance between a principal and an accessory
building shall be twenty (20) feet.
§ 100-234. Courts.
A. Inner courts. An inner court is permitted in multifamily
dwelling developments if the minimum dimension of such
court is not less than two (2) times the average height of all
surrounding walls, but not less than sixty (60) feet. The height
of walls surrounding an inner court shall be measured from
finished grade to the base thereof to the top of such wall,
except that, in the case of roofs with a slope exceeding five (5)
inches vertical to twelve (12) inches horizontal, the height shall
be measured to the mean point of the roof.
B. Outer courts. The minimum width of an outer court shall be
twenty (20) feet, and the depth thereof shall not exceed its
width.
§ 100-235. Access requirements.
A. Street access. •
(1) No building shall be erected on a lot that does not have
direct access to a public street in accordance with § 280-
a of the Town Law.
(2) All buildings and structures shall be so located as to
provide safe and convenient access for servicing, fire and
police protection and off-street parking and/or loading.
10134 1 -25-93
§ 100-235 ZONING § 100-237
B. Residential rear or flag lots and accessways. Any rear lot or
flag lot occupied or to be occupied by a one -family dwelling
shall have access thereto by means of ,an accessway, having a
width of not less than fifteen (15) feet, serving only such lot.
The area of the accessway shall not be included in determining
the area of any lot. The front yard of any lot having access to
a street by means of an accessway shall be the required front
• yard specified for the district in which the lot is located and
shall be measured from the rear lot line to the front lot.
C. [Added 3-26-1991 by L.L. No. 8-1991] Fire lane standards
for all lots improved with a building or structure are as
follows:
(1) Surface free from potholes, ruts and other defects.
(2) Up to fifteen (15) feet in width and up to fifteen (15) feet
in height, subject to approval by the Building Inspector
for residential structures.
§ 100-236. Open storage. [Amended 3-26-1991 by L.L. No. 7-
1991; 12-22-1992 by L.L. No. 35-1992]
No unenclosed storage, except parking of operable passenger
vehicles capable of passing inspection or recreation vehicles or boats
and commercial vehicles as set forth in § 100-191, shall be permitted
in a residential district.
§ 100-237. Prohibited uses in all districts. [Amended 11-24-1992
by L.L. No. 26-1992]
A. Any use which is noxious, offensive or objectionable by reason
of the emission of smoke, dust, gas, odor or other form of air
pollution or by reason of the deposit, discharge or dispersal of
liquid or solid wastes in any form in such manner or amount
as to cause permanent damage to the soil and streams or to
adversely affect the surrounding area or by reason of the
creation of noise, vibration, electromagnetic or other disturb-
ance or by reason of illumination by artificial light or light
reflection beyond the limits of the lot on or from which such
10135 1 -25-93
§ 100-237 SOUTHOLD CODE § 100-237
light or light reflection emanates; or which involves any
dangerous fire, explosive, radioactive or other hazard; or
which causes injury, annoyance or disturbance to any of the
surrounding properties or to their owners and occupants; and
any other process or use which is unwholesome and noisome
and may be dangerous or prejudicial to health, safety or
general welfare, except where such activity is licensed or
regulated by other governmental agencies.
B. Artificial lighting facilities of any kind which create glare
beyond lot lines.
C. Uses involving primary production of the following products
from raw materials: charcoal and fuel briquettes; chemicals;
aniline dyes; carbide; caustic soda; cellulose; chlorine; carbon
black and bone black; creosote; hydrogen and oxygen;
industrial alcohol; nitrates of an explosive nature; potash;
plastic materials and synthetic resins; proxylin; rayon yarn;
hydrochloric, nitric, phosphoric, picric and sulfuric acids; coal,
coke and tar products, including gas manufacturing; explo-
sives; gelatin, glue and size (animal); linoleum and oil cloth;
matches; paint, varnishes and turpentine; rubber (natural or
synthetic); soaps, including fat rendering-, starch.
D. The following processes:
(1) Nitrating of cotton or of other materials.
(2) Milling or processing of flour.
(3) Magnesium foundry.
(4) Reduction, refining, smelting and alloying metal or metal
ores.
(5) Refining secondary aluminum.
(6) Refining petroleum products, such as gasolines, kerosene,
naphtha and lubricating oil.
(7) Distillation of wood or bones.
(8) Reduction and processing of wood pulp and fiber,
including paper mill operations.
10136 1-25-93
§ 100-237 ZONING § 100-239
E. Operations involving stockyards, slaughterhouses and slag
piles.
F. Storage of explosives.
G. Quarries.
H. Storage of petroleum I products. Notwithstanding any other
provisions of this chapter, storage facilities with a total
• combined capacity of more than twenty thousand (20,000)
gallons, including all tanks, pipelines, buildings, structures
and accessory equipment designed, used or intended to be
used for the storage of gasoline, fuel oil, kerosene, asphalt or
other petroleum products, ' shall not be located within one
thousand (1,000) feet of tidal waters or tidal wetlands.
§ 100-238. Provisions for community water, sewer and utility fa-
cilities.
Where public sewer and/or public water and/or public or private
utility systems are required, no building or premises to be serviced by
such systems shall be used or occupied nor shall a certificate of
occupancy be issued with respect to the use and occupancy. of such
buildings and/or premises unless and until all such required systems
and facilities have been constructed and are in proper operating
condition and have been approved by all agencies having jurisdiction
thereof.
§ 100-239. Land under water; filled land.
Streams, ponds, tidal marshes and portions of Long Island Sound
• and its various bays and estuaries, lying within the boundaries of the
Town of Southold, whether or not so indicated on the Zoning Map as
being in a particular use district, shall be considered as being in the
most -restricted use district abutting thereon, and such zoning
classification shall continue in force regardless of any filling or
draining of such lands. Nothing herein contained shall be construed to
permit the filling or dredging of such land. For the purpose of
computing density for the development of any lot or lots. no land
10137 1 -25-93
§ 100-239 SOUTHOLD CODE § 100-239.2
under water, unless filled pursuant to law, shall be included in
computing the minimum lot area for each dwelling unit permitted
under the appropriate zoning district in which the property lies.
§ 100-239.1. Excavations.
No excavation of any kind shall be permitted except in connection
with the construction in the same lot of a building for which a
building permit has been duly issued. In the event that a building .
operation is arrested prior to completion and the building permit
therefor is allowed to lapse, within six (6) months after the date of
expiration of such permit, the premises shall be cleared of any
rubbish or other unsightly accumulations, and topsoil shall be
replaced over all areas from which such soil may have been removed.
Any excavation for a basement or foundation with a depth greater
than three (3) feet below grade shall be either filled or surrounded by
a substantial fence adequate to deny children access to the area and
adequately maintained by the holder of the permit.
§ 100-239.2. Tourist camps, camp cottages and trailers..
A. Permits required. No tourist camp shall be established,
maintained or operated in any district nor shall any tent, tent
house, camp cottage, house car or trailer to be used or
occupied as a place for living, sleeping or eating, whether
charge is or is not made, be erected or placed therein, unless
authorized by the Town Board pursuant to the provisions of
Chapter 88, Tourist and Trailer Camps.
B. Automobile trailers or house cars. Notwithstanding any other
provisions of this chapter, a single automobile trailer or house •
car may be located outside a tourist camp only when
authorized by the Town Board and subject to such conditions
as may be prescribed by the Town Board.
C. Exemptions. This section shall not be deemed to apply to the
temporary or seasonal camp of any unit of the Boy Scouts of
10138 1-25-93
§ 100-239.2 ZONING § 100-239.4
America or the Girl Scouts of America or other such
organizations under the leadership provided by said organiza-
tions, respectively.
§ 100-239.3. (Reserved)'
•
§ 100-239.4. Building setback requirements adjacent to water
bodies and wetlands. [Added 3-14-89 by L.L. No. 3-
19891
Notwithstanding any other provisions of this chapter, the following
setback requirements shall apply to all buildings located on lots
adjacent to water bodies and wetlands:
A. Lots adjacent to Long Island Sound, Fishers Island Sound and
Block Island Sound. [Amended 11-24-1992 by L.L. No. 20-
1992]
(1) All buildings located on lots adjacent to sounds and upon
which there exists a bluff or bank landward of the shore
or beach shall be set back not fewer than one hundred
(100) feet from the top of such bluff or bank.
(2) Except as otherwise provided in Subsection A(1) hereof,
all buildings located on lots adjacent to sounds shall be set
back not less than one hundred (100) feet from the
ordinary high-water mark of said sound.
B. All buildings located on lots upon which a bulkhead, concrete
wall, riprap or similar structure exists and which are adjacent
to tidal water bodies other than sounds shall be set back not
less than seventy-five (75) feet from the bulkhead. The
following exceptions will apply:
(1) Buildings which are proposed landward of existing
buildings.
I Editor's Note: Former § 100-239.3, Berms, was deleted 11-24-1992 by L.L. No. 24-1992.
10139 1 - 25 - 93
§ 100-239.4 SOUTHOLD CODE § 100-239.4
(2) Lands which are not bulkheaded and are subject to a
determination by the Board of Town Trustees under
Chapter 97 of the Code of the Town of Southold.
(3) Docks, wharves, pilings, boardwalks, stairs, promenades,
walkways and piers, which are accessory and separate
from existing buildings or accessory structures.
C. All buildings located on lots adjacent to any freshwater body is
shall be set back not less than seventy-five (75) feet from the
edge of such water body or not less than seventy-five (75) feet
from the landward edge of the freshwater wetland, whichever
is greater.
(Cont'd on page 10142.1)
•
10140 1-25-93
§ ,100-261 ZONING § 100-262
§ 100-261. Special exception uses; approval required. [Amended
11-24-1992 by L.L. No. 22-1992]
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
be granted for the use by the Zoning Board of Appeals 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 the same provided by the Zoning Board of Appeals
and shall be submitted in triplicate to the Zoning Board of
Appeals, which shall review the application for completeness
and conformity with this chapter. The Zoning Board of
Appeals shall reject the application if it is not complete or not
in conformance with the Zoning Code and shall notify the
applicant as to the reason for such rejection. If the application
is satisfactory, the applicant and the Zoning Board of Appeals.
• shall set the application down for a public hearing. The fee for
a special exception shall be three hundred dollars ($300.), as
set forth in § 100-274. [Amended 4-10-1990 by L.L. No. 4-
1990; 12-11-1990 by L.L. No. 29-19901
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 1-z5-93
§ 100-269 ZONING § 100-271
safeguards as it deems necessary or appropriate to preserve and
protect the spirit and the objectives of this chapter.
ARTICLE XXVII
Board of Appeals
• [Last amended 1-10-89 by L.L. No. 1-1989]
§ 100-270. Appointment; membership.
The Town Board shall appoint a Board of Appeals consisting of five
(5) members, as provided by the Town Law.
§ 100-271. Powers and duties.
In addition to such powers as may be conferred upon it by law, the
Board of Appeals shall have the following powers:
A. Appeals: to hear and decide appeals from and review any
order, requirement, decision or determination made by the
Building Inspector.
B. Variances: Where there are practical difficulties or unneces-
sary hardships in the way of carrying out the strict letter of
these regulations, the Board of Appeals shall have the power to
vary or modify the application of such regulations so that the
spirit of this chapter shall be observed, public safety and
welfare secured and substantial justice done.
C. Special exceptions, special permits and other approvals:
Whenever a use or the location thereof is permitted only if the
Board of Appeals shall approve thereof, the Board of Appeals
may, in a specific case and after notice and public hearing,
authorize such permitted use and its location within the
district in which this chapter specifies the permitted use may
be located.
D. Interpretations: on appeal from an order, decision or
determination of an administrative officer or on request of any
town officer, board or agency, to decide any of the following:
10163 1 -25-93
§ 100-271 SOUTHOLD CODE § 100-274
(1) Determine the meaning of any provision in this chapter
or of any condition or requirement specified or made
under the provisions of this chapter.
(2) Determine the exact location of any district boundary
shown on the Zoning Map.
§ 100-272. Additional conditions and safeguards. 40
In deciding any matter before it, the Board of Appeals may impose
such conditions and safeguards as it deems necessary or appropriate
to preserve and protect the spirit and the objectives of this chapter.
§ 100-273. Rules of conduct and procedure.
The Board of Appeals shall, consistent with the law, determine its
own rules of conduct and procedure.
§ 100-274. Fees. [Amended 2-11-1990 by L.L. No. 29-1990;11-24-
1992 by L.L. No. 30-1992]
Applications to the Board of Appeals for any relief herein shall be
accompanied by a fee as hereinafter provided:
A. For applications involving fences, accessory structures or
accessory buildings, alterations or additions containing less
than two hundred (200) square feet in floor area, the fee shall
be one hundred fifty dollars ($150.).
B. For all other applications, including those involving commer-
cial property, containing a single request [for example, an
application requesting one (1) variance or an application
requesting a special exception], the fee shall be four hundred
dollars ($400.).
C. For applications containing more than one (1) request, such as
an application requesting an area variance and a width
variance, the fee shall be six hundred dollars ($600.).
D. For applications for interpretations on appeal from an order,
decison or determination of an administrative officer, the fee
10164 1-25-93
§ 100-274 ZONING § 100-275
shall be two hundred dollars ($200.) for each section of the
Town Code for which an interpretation is requested.
E. For applications for variances from Town Law § 280-a (rights-
of-way), the fee shall be two hundred fifty dollars ($250.).
F. For applications for rehearings, the fee shall be the same as
• the fee charged for the original. application.
•
§ 100-275. Notice of hearing.
A. In all cases where the Board of Appeals is required to hold a
public hearing, in addition to the notice of such hearing
required by law, a written notice containing the following
information shall be sent by the person petitioning such Board,
or his agent, by either certified or registered mail, to every
owner of property immediately adjacent thereto. In the event
that any petitioner owns or has any interest in any property
immediately adjacent to the property which is the subject of
such petition, then written notice shall also be given to the
owners of the property adjacent to such other property of the
petitioner. For the purpose of this section, the words "owner"
or "property owner" mean the owner as shown on the current
assessment roll of the Town of Southold. The notice required
by this section shall be mailed by the petitioner, or his agent,
(Cont'd on page 10165)
10164.1 1 -25-93
§ 100-281 ZONING § 100-281
application, either issue or deny a building permit. If a
building permit is denied, the Building Inspector shall state in
writing to the applicant the reasons for such denial.
H. Every building permit shall expire if the work authorized has
not commenced within twelve (12) months after the date of
issuance or has not been completed within eighteen (18)
• months from such date. If no zoning amendments or other
regulations affecting the property have been enacted in the
interim, the Building Inspector may authorize, in writing, the
extension of the permit for an additional six (6) months.
Thereafter, a new permit shall be required.
I. As soon as the foundation of a building or of any addition to an
existing building is completed and before first -story framing
or wall construction is begun, there shall be filed with the
Building Inspector an accurate survey, signed by the person
responsible for said survey, showing the exact location of such
foundation with respect to the street and property lines of the
lot. No further construction shall be performed until such
survey is approved by the Building Inspector.
J. Permit fees.
(1) [Amended 11-24-1992 by L.L. No. 30-1992] The
following fees shall be paid upon the filing of an
application with the Building Inspector for a building
permit, which fees shall be paid into the general fund if
the application is approved or returned to the applicant if
the application is denied:
(a) Single-family dwellings:
[1] New dwellings and alterations or additions to
existing dwellings: seventy-five dollars ($75.),
plus twenty cents ($0.20) for each square foot of
floor area in excess of eight hundred fifty (850)
square feet.
[2] Accessory buildings and additions or alterations
to existing accessory buildings: thirty-five
dollars ($35.), plus twenty cents ($0.20) for each
square foot of floor area in excess of five
hundred (500) square feet.
10169 t -25-9a
§ 100-281 SOUTHOLD CODE § 100-281
(b) Farm buildings and additions or alterations to
existing farm buildings: fifty dollars ($50.) for each
building.
(c) Hotel, motel, multiple dwellings and business,
industrial and all other buildings, including winer-
ies:
[1] New buildings and additions and alterations to 40
existing buildings: one hundred fifty dollars
($150.), plus twenty-five cents ($0.25) for each
square foot of floor area in excess of one
thousand (1,000) square feet.
[2] Accessory buildings and additions and altera-
tions to existing accessory buildings: thirty-five
dollars ($35.), plus twenty cents ($0.20) for each
square foot of floor area in excess of five
hundred (500) square feet.
(d) Foundations constructed under existing buildings:
seventy-five dollars ($75.).
(e) In -ground swimming pools, together with required
enclosure fencing one hundred fifty dollars ($150.).
Aboveground swimming pools, together with re-
quired enclosure fencing: fifty dollars ($50.).
(f) All other structures (i.e., fences, satellite dishes, etc.)
and additions and alterations to such structures:
thirty-five dollars ($35.).
(g) Signs. The fee for all signs, except signs permitted
by § 100-31C(9Xa), shall be one dollar ($1.) for each
square foot of sign area, with a minimum fee of
twenty-five dollars ($25.).
(h) Demolition and/or removal and/or relocation of any
building: fifteen dollars ($15.) minimum and ten
cents ($0.10) for each square foot in excess of three
hundred (300) square feet of floor area.
10170 1-25-93
§ 100-281 ZONING § 100-281
(2) For the purposes of this Subsection J, cellars, decks,
attached garages and any habitable area shall be
included in the calculation of floor area.
(3) Notwithstanding the foregoing, no fee shall be required of
or paid by taxing entities or districts, including but not
limited to fire districts, school districts, park districts and
• the like. [Added 9-26-89 by L.L. No. 20-1989]
0
(Confd on page 10171)
10170.1 1-15-93
SOUTHOLD SUPPLEMENTAL INDEX
—A—
ADMINISTRATOR
Coastal erosion hazard area ........................
37-42
Defined ..........................................
37-6
Powers and -duties ................................
37-42
AFFORDABLE HOUSING (AHD) DISTRICT
Penalties for offenses ..............................
100-59
• Zoning ...........................................
AGRICULTURAL LAND PRESERVATION
100-50 — 100-59
Land Preservation Committee .....................
25-50
APARTMENT
Defined ..........................................
100-13
APARTMENT HOUSE
Defined ..........................................
100-13
APPEALS
Coastal erosion hazard area ........................
37-35, 37-36
APPOINTMENTS
Land Preservation Committee .....................
25-56,59-50
Q;1m
BEACH
Defined .......................................... 37-6
BERMS
Height regulations ................................ 100-231
BLUFF
Defined .......................................... 37-6
BOATS, DOCKS AND WHARVES
Ramps ........................................... 32-32.1
BODY FLUIDS
Defined .......................................... A107-43.1
BONDS
Coastal erosion hazard area ........................ 37-41
BOWRIDING
Defined .......................................... 32-31
BUILDING PERMITS
Site plan approval ................................ 100-252
_C_
CANS
Defined .......................................... 48-1
CANVASSERS
Defined.......................................... 69-1
SI -1 1 -25-93
SOUTHOLD SUPPLEMENTAL INDEX
_C_
See also PEDDLERS, SOLICITORS AND TRAN-
SIENT RETAIL MERCHANTS
CERTIFICATE OF OCCUPANCY
Site plan approval ................................
100-252
CHANNEL SYSTEM
Defined ..........................................
32-31
COASTAL EROSION HAZARD AREA
Administration and enforcement ...................
37-40 — 37-49
•
Administrator ....................................
37-42
Amendments .....................................
37-50,37-51
Appeals ..........................................
37-35,37-36
Applicability .....................................
37-20
Beach area .......................................
37-15
Bluff area ........................................
37-17
Bonds ............................................
37-41
Certification ......................................
37-51
Coastal Erosion Hazard Board of Review ...........
37-34
Conflicts .........................................
37-44
Definitions .......................................
37-6
Dune area ........................................
37-16
Emergency activity ...............................
37-20 — 37-29
Enactment.......................................
37-1
Environmental review .............................
37-46
Erosion protection structures ......................
37-18
Establishment ....................................
37-10
Fees.............................................
37-32
Findings .........................................
37-5
General provisions ................................
37-1-37-9
Interpretation ....................................
37-43
Near shore area ..................................
37-14
Notices ..........................................
37-21, 37-22
Penalties for offenses ..............................
37-47
Permits ..........................................
37-11, 37-12, 37-40
Procedure ........................................
37-50
Purpose..........................................
37-4
Regulations ......................................
37-10 — 37-19
Structural hazard area ............................
37-13
Title.............................................
37-2
Traffic control ....................................
37-19
Variances ........................................
37-30 — 37-39
COASTAL EROSION HAZARD AREA MAP
Defined..........................................
37-6
COASTAL EROSION HAZARD AREAS
Fees.............................................
37-40
SI -2 1-25-93
SOUTHOLD SUPPLEMENTAL INDEX
Qem
COASTAL EROSION HAZARD BOARD OF RE-
VIEW
Coastal erosion hazard area ........................
37-34
COASTAL WATERS
Defined..........................................
37-6
COASTLINE
• Defined ..........................................
37-6
COLLAPSED BUILDINGS, see UNSAFE BUILD-
INGS
COMMUNICABLE DISEASE
Defined ..........................................
A10743.1
COMMUNICABLE/INFECTIOUS DISEASES
Definitions .......................................
A10743.1
Line -of -duty exposures .....
A107-43.1
Notices ............. ..........................
A10743.1
Police Department rules and regulations ............
A10743.1
Policy ............................................
A107-43.1
Procedures .......................................
A107-43.1
Purpose ............................................
A10743.1
Records ..........................................
A10743.1
Supplies .........................................
A107-43.1
COMPLAINANT
Defined ..........................................
A107-35.1
dZ
DEBRIS LINE
Defined........................................... 37-6
DEFINITIONS
Administrator .................................... 37-6
Apartment ....................................... 100-13
Apartment house ................... '.............. 100-13
Beach............................................ 37-6
Bluff............................................ 37-6
Body fluids ....................................... A107-43.1
Bow
• Cans ............................................. 32-31
Cans 48-1
Canvassers ....................................... 69-1
Channel system........................32-31
Coastal Erosion Hazard Area Map 37-6
Coastal waters .................................... 37-6
Coastline ......................................... 37-6
Communicable disease ............................ A107-43.1
Complainant ..................................... A107-35.1
Debris line ....................................... 37-6
SI -3 1 -25-93
SOUTHOLD SUPPLEMENTAL INDEX
Dune............................................ 37-6
Eels............................................. 77-201
Erosion .......................................... 37-6
Erosion hazard area .............................. 37-6
Erosion protection structure ....................... 37-6
Existing structure ................................ 37-6
Family/household................................. A107-35.1
Family offense .................................... A107-35.1
Fraternal organization ............................ 100-13
Glass............................................ 48-1
Grading.......................................... 37-6
Habitable floor area .............................. 100-13
Home business office .............................. 100-13
Home professional office ........................... 100-13
Living area ...................................... 100-13
Major addition .................................... 37-6
Mean low water .................................. 37-6
Moveable structure ............................... 37-6
Natural protective feature ......................... 37-6
Natural protective feature area .................... 37-6
Nearshore area ................................... 37-6
Newspaper ....................................... 48-1
Normal maintenance .............................. 37-6
Order of protection ............................... A107-35.1
Peddler.......................................... 69-1
Person ........................................... 37-6,69-1
Plastics .......................................... 48-1
Primary dune .................................... 37-6
Probable cause ................................... A107-35.1
Receding edge .................................... 37-6
Recession rate .................................... 37-6
Recyclable ....................................... 48-1
Recyclable wood .................................. 48-1
Regulated activity ................................ 37-6
Restoration ....................................... 37-6
Secondary dune .................................. 37-6
Significant fish and wildlife habitat ................ 37-6
Solicitors ......................................... 69-1
Structural hazard area ............................ 37-6
Structure ........................................ 37-6
Toe.............................................. 37-6
Transient retail business ........................... 69-1
Unregulated activity .............................. 37-6
Utilities .......................................... 100-51
Vegetation ....................................... 37-6
SI -4 1-25-93
•
SOUTHOLD SUPPLEMENTAL INDEX
—D—
DRAINAGE
Site plan approval ................................ 100-252
DUNE
Defined.......................................... 37-6
DUST-
Peddlers,
USTPeddlers, solicitors and transient retail merchants ... 69-10
• —E—
EELS
Defined ............
77-201
EMERGENCIES -
Coastal erosion hazard area ........................
37-20 — 37-29
EROSION
Defined ..........................................
37-6
EROSION HAZARD AREA
Defined..........................................
37-6
EROSION PROTECTION STRUCTURE
Defined ..........................................
37-6
EXISTING STRUCTURE
Defined ..........................................
..37-6
—F—
FAMILY/HOUSEHOLD
Defined ..........................................
A107-35.1
FAMILY OFFENSE
Defined ..........................................
A107-35.1
FEES
Coastal erosion hazard area ........................
37-32
Coastal erosion hazard areas .......................
37-40
Peddlers, solicitors and transient retail merchants ...
69-4,69-9
Site plan approval ................................
100-256
FRATERNAL ORGANIZATION
Defined ..........................................
100-13
—G—
GLASS
Defined .......................................... 48-1
GRADING
Defined .......................................... 37-6
SI -5 1-25-93
SOUTHOLD SUPPLEMENTAL INDEX
—G—
GUARANTIES
Site plan approval ................................ 100-254
—H—
HABITABLE FLOOR AREA
Defined.........................................
HEARINGS
Peddlers, solicitors and transient retail merchants ...
Site plan approval ................................
HEIGHT REGULATIONS
Berms...........................................
HIGHWAY SPECIFICATIONS
Construction specifications .........................
HOME BUSINESS OFFICE
Defined..........................................
HOME PROFESSIONAL OFFICE
Defined..........................................
Noise............................................
Setbacks.........................................
Signs............................................
Storage..........................................
Zoning...........................................
—I—
INVESTIGATIONS
Peddlers, solicitors and transient retail merchants . .
—L—
LAND PRESERVATION COMMITTEE
Agricultural land preservation .....................
Appointments ....................................
Membership......................................
Open space preservation ...........................
Powers and duties ................................
Terms of office ...................................
LANDSCAPING
Site plan approval ................................
LICENSES
Peddlers, solicitors and transient retail merchants ...
SI -6
100-13
69-11
100-254
100-231
A108-15.1
100-13
100-13
100-31
100-31
100-31
100-31
100-31
69-7
25-50
25-50, 59-50
25-50, 59-50
59-50
25-50, 59-50
25-50, 59-50
100-252
69-1 — 69-13
1-25-93
SOUTHOLD SUPPLEMENTAL INDEX
—L—
LIGHTING
Site plan approval ................................ 100-252
LIVING AREA
Defined........................................... 100-13
)rs and transient retail merchants ... 69-10
SI -7 1 -25-93
—M—
•
MAJOR ADDITION
Defined ..........................................
37-6
MEAN LOW WATER
Defined...........................................
.........................................
37-6
MEMBERSHIP
Land Preservation Committee .....................
25-50, 59-50
MERCHANTS, see PEDDLERS, SOLICITORS AND
TRANSIENT RETAIL MERCHANTS
MOVEABLE STRUCTURE
Defined..........................................
37-6
—N—
.NATURAL PROTECTIVE FEATURE
Defined..........................................
37-6
NATURAL PROTECTIVE FEATURE AREA
Defined ..........................................
37-6
NEARSHORE AREA
Defined..........................................
37-6
NEWSPAPER
Defined..........................................
48-1
NOISE
Home professional office ...........................
100-31
Peddlers, solicitors and transient retail merchants ...
69-10
NORMAL MAINTENANCE
Defined..........................................
37-6
NOTICES
Coastal erosion hazard area .....
37-21, 37-22
Communicable/infectious diseases
: ::::::::::::::::::
A107-43.1
Pro -arrest policy ...............
A107-35.1
Site plan approval ................................
100-254
)rs and transient retail merchants ... 69-10
SI -7 1 -25-93
SOUTHOLD SUPPLEMENTAL INDEX
—0—
OFF-STREET PARKING AND LOADING
Site plan approval ................................ 100-252
OPEN SPACE PRESERVATION
Land Preservation Committee ..................... 59-50
ORDER OF PROTECTION
Defined .......................................... A107-35.1
—P— is
PEDDLER
Defined.......................................... 69-1
PEDDLERS, SOLICITORS AND TRANSIENT RE-
TAIL MERCHANTS
Canvassing for religious purposes .................. 69-14
Definitions ....................................... 69-2
Dust............................................. 69-10
Exemptions ...................................... 69-4
Fees ............................................. 69-4,69-9
Hearings......................................... 69-11
Investigations ..................................... 69-7
Legislative intent ................................. 69-1
Licenses .......................................... 69-1-69-13
Noise............................................ 69-10
Obstructions ...................................... 69-10
Penalties for offenses .............................. 69-13
Permitted activities ............................... 69-5
Records.......................................... 69-8
Registration ...................................... 69-3,69-6
Restrictions ...................................... 69-10
Sales............................................ 69-1-69-13
Signs............................................ 69-12
Vehicles .......................................... 69-10
PENALTIES FOR OFFENSES
Affordable Housing (AHD) District ................ 100-59
Coastal erosion hazard area ........................ 37-47
Peddlers, solicitors and transient retail merchants ... 69-13
PERMITS
Coastal erosion hazard area ........................ 37-11, 37-12, 37-40
PERSON
Defined .......................................... 37-6,69-1
PLASTICS
Defined.......................................... 48-1
POLICE DEPARTMENT RULES AND REGULA-
TIONS
Communicable/infectious diseases .................. A107-43.1
SI -8 1-25-93
SOUTHOLD SUPPLEMENTAL INDEX
—P—
Pro-arrest policy .................................. A107-35.1
POWERS AND DUTIES
Administrator .................................... 3742
Land Preservation Committee ..................... 25-50, 59-50
PRIMARY DUNE
Defined .......................................... 37-6
• PRO -ARREST POLICY
Accusatory instrument ............................ A107-35.1
Definitions ....................................... A107-35.1
General provisions ................................. A107-35.1
Notices .......................................... A107-35.1
Orders or protection .............................. A107-35.1
Police Department rules and regulations ............ A107-35.1
Procedure ........................................ A107-35.1
Protection of identity of victim ..................... A107-35.1
Purpose .......................................... A107-35.1
PROBABLE CAUSE
Defined .......................................... A107-35.1
—R—
RAMPS
Boats, docks and wharves .........................
32-32.1
RECEDING EDGE
Defined ...........................................
37-6
RECESSION RATE
Defined ..........................................
37-6
RECORDS
Communicable/infectious diseases ..................
A107-43.1
Peddlers, solicitors and transient retail merchants ...
69-8
RECYCLABLE
Defined ..........................................
48-1
RECYCLABLE WOOD
Defined ..........................................
48-1
REGISTRATION
Peddlers, solicitors and transient retail merchants ...
69-3, 69-6
REGULATED ACTIVITY -
Defined ..........................................
37-6
RESTORATION
Defined ..........................................
37-6
SI -9 1 -25-93
SOUTHOLD SUPPLEMENTAL INDEX
—S—
SALES
Peddlers, solicitors and transient retail merchants ...
69-1-69-13
SCREENING
Site plan approval ................................
100-252
SECONDARY DUNE
Defined ..........................................
37-6
SETBACKS
Home professional office ...........................
100-31
SHELLFISH
Eels .............................................
77-208.1
Vegetation removal prohibited .....................
77-211.2
SIGNIFICANT FISH AND WILDLIFE HABITAT
Defined ..........................................
37-6
SIGNS
Home professional office ...........................
100-31
Peddlers, solicitors and transient retail merchants ...
69-12
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
SOLICITORS
Defined..........................................
69-1
See also PEDDLERS, SOLICITORS AND TRAN-
SIENT RETAIL MERCHANTS
STORAGE
Home professional office ...........................
100-31
SI -10 1-25-93
SOUTHOLD .SUPPLEMENTAL INDEX
_S_
STRUCTURAL HAZARD AREA
Defined...' :...................................... 37-6
STRUCTURE
Defined.......................................... 37-6
—T—
TERMS OF OFFICE
Land Preservation Committee ..................... 25-50, 59-50'
TOE
Defined.......................................:.. 37-6
TRANSIENT MERCHANTS, see PEDDLERS, SO-
LICITORS AND TRANSIENT RETAIL MER-
CHANTS
TRANSIENT RETAIL BUSINESS
Defined........................................... 69-,1
_u_
UNREGULATED ACTIVITY
Defined ............................................ 37-6
UNSAFE BUILDINGS
Unsafe premises prohibited ........................ 90-3
UTILITIES
Defined......................................... 100-51
Site plan approval ................................ 100-252
_V_
VARIANCES
Coastal erosion hazard area ........................ 37-30 — 37-39
Site plan approval ................................ 100-254
VEGETATION
Defined.......................................... 37-6
• VEHICLES
Peddlers, solicitors and transient retail merchants .. 69-10
SI -11 1 -25-93
SOUTHOLD SUPPLEMENTAL INDEX
—Z—
ZONING
Affordable Housing (AHD) District ................ 100-50 — 100-59
Home professional office ........................... 100-31
Site plan approval ................................ 100-250 — 100-256
41
SI -12 1-25-93