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HomeMy WebLinkAbout1994 Code Supplement - 06/25/1994GENERAL CODE PUBLISHERS CORP. INSTRUCTIONS Town of Southold Code Supplement No. 91 • 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. 0 The page numbers should always correspond to this list. REMOVE 3209-3210 6501— 6502 6502.1— 6502.2 6507 10014.1 INSERT 3209-3210 6501— 6502 6502.17 6502.2 6507-6510 10015 —10016 10015 —10016 10016.1 Do not remove pages 10017 —10018 10018.1 10018.1 10027 —10028 10027 —10028 10028:1 10132.1 10133 —10134 10133 —10134 10134.1— 10134.2 Supplemental Index, Supplemental Index, SI-1—SI-10 SI -1— SI -10 Legislation, by number or date of adoption, included in this supplement: L.L. Nos. 10-1994; 11-1994; 12-1994; 13-1994. 6-25-94 4 § 32-39.1 BOATS, DOCKS AND WHARVES § 32-39.2 the federal anchorage area located near the head of said creek. The Town Board of Trustees shall cause said anchorage area to be suitably designated by appropriate buoys or markers and shall also cause suitable signs to be placed at appropriate locations in said creek to direct boaters to such anchorage area. • § 32-39.2. Anchoring and mooring in West Harbor and Hay Harbor. [Added 5-10-1983 by L.L. No. 5-1983; 3-27-1984 by L.L. No. 3-1984;1 3-26-1985 by L.L. No. 5-1985; 5-19-1987 by L.L. No. 5-1987; 4-10-1990 by L.L. No. 7-19901 A. [Amended 5-31-1994 by L.L. No. 12-1994] All boats temporarily anchored in West Harbor and Hay Harbor at Fishers Island shall anchor in an area assigned by the Fishers Island Harbor Committee. 0 (1) Anchoring shall not be permitted for a continuous period of more than three (3) days unless authorized by the Bay Constable, which authorization may only be granted for emergency situations. B. Permanent moorings in West Harbor and Hay Harbor at Fishers Island. (1) All permanent moorings shall be located south of Buoy No. 8. (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. 28-19921 The following fees shall be paid for the issuance of a mooring permit: Size of Boat Up to 25 feet Permit Fee $ 30.00 1 Editor's Note: This local law also provided for the renumbering of former $4 32-39A and 32-39B as $$ 32-39.1 and 32-39.2. 3209 6-25-94 § 32-39.2 SOUTHOLD CODE § 32-39.3 Size of Boat Permit Fee 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 Committee, which shall be appointed by .the Town Board. [Amended 5-31-1994 by L.L. No. 12-19941 (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. § 32-39.3. Mooring permits. [Added 4-5-1994 by L.L. No. 3-19941 A. The Town of Southold permits the installation of moorings for boats in specified locations of town waters. The use of moorings has increased to such an extent that the number of moorings has begun to impair the fragile marine environment in the surrounding town waters. The Town Board therefore declares it to be the policy of the town to restrict and regulate the issuance of mooring permits as described herein. B. Resident mooring permit. (1) A resident mooring permit shall be issued by the Town Trustees to all persons who are qualified residents of the Town of Southold. Persons applying for a resident mooring permit shall be requested to sign an application in affidavit form and submit for inspection one (1) of the following as proof of residence: (a) A valid tax receipt stub for the current year for any taxable real property within the Town 3210 6-25-94 (71 § 65-1 PARKING AT BEACHES § 65-1 Chapter 65 PARKING AT BEACHES § 65-1. Policy. • § 65-2. Designation of parking areas requiring permits. § 65-3. Parking permits. § 65-3.1. Designation of parking areas on Fishers Island. § 65-4. Duration of permits. § 65-5. Other regulations. § 65-6. Removal of vehicles parked in violation. § 65-7. Penalties for offenses. - . [HISTORY. Adopted by the Town Board of the Town of 4 Southold 4-7-1970. Section 65-7 amended during codification; see Ch. 1, General Provisions, Article II. Other amendments noted where applicable.] GENERAL REFERENCES Vehicles and traffic — See Ch. 92. § 65-1. Policy. The Town of Southold provides bathing beaches and recreational facilities and parking areas adjacent thereto at various locations within the town for the use and enjoyment of residents of the Town of Southold. The use of such facilities by persons other than residents has increased to such an extent that such facilities have become overcrowded, with the result that residents are denied the use thereof. The Town Board therefore declares it to be the policy of the Town of Southold to restrict and regulate the parking of vehicles in the parking 6501 6-25-94 § 65-1 SOUTHOLD CODE § 65-2 areas adjacent to the bathing beaches and recreational facilities described in this chapter in accordance with the provisions hereof. § 65-2. Designation of parking areas requiring permits. A. The following parking areas are hereby designated as • Town of Southold "Parking by Permit Only" areas: (1) Parking area adjacent to the bathing beach located on Gardiners Bay at the terminus of Manhanset Avenue, known as and referred to herein- as "Norman E. Klipp Marine Park."' (2) Parking area adjacent to the bathing beach located on Long Island Sound at Arshamomaque [approximately one hundred (100) feet east of the intersection of County Route No. 48 and Sound View Avenue], known as and referred to herein as "Southold Town Beach." [Amended 8-13-1991 by L.L. No. 21-19911 (3) Parking area adjacent to the bathing beach located on Long Island Sound at Southold at the terminus of Horton Lane, known as and r_ eferred to herein as "McCabe's Beach." (4) Parking area adjacent to the bathing beach located on Long Island Sound at Southold at the terminus of Kenny Road, known as and referred to herein as "Kenny's Beach." (5) Parking area adjacent to the bathing beach located on Town "Harbor at Southold adjacent to North Bayview Road (east of Goose Creek Bridge), known as and referred to herein as "Goose Creek Beach." (6) Parking area located on Long Island Sound at Peconic at the terminus of Mill Road, known and 1 Editor's Note: Original Subsection (1) designating Stephenson's Beach as a "Parlung by Permit Only" area was repealed 5.25-1971. 6502 s -25 - 94 § 65-2 PARKING AT BEACHES § 65-2 referred to herein as "Goldsmith's Inlet Beach." [Amended 8-13-1991 by L.L. No. 21-19911 (7) Parking area adjacent to the bathing beach located on Peconic Bay at New Suffolk at the terminus of First Street, known as and referred to herein as '.New Suffolk Beach." (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. 21-19911 (10) Rocky Point Road, East Marion, from the guardrail t at the northerly terminus southerly for a distance of five hundred (500) feet. [Added 8-13-1991 by L.L. No. 21-19911 (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 2-4-1992 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 6502.1 6-25-94 r"" § 65-2 SOUTHOLD CODE § 65-2 Horton's Lane. [Added 11-24-1992 by L.L. No. 23-1992] (15) Indian Neck Lane, Peconic, from the guardrail at the southerly terminus northerly for a distance of two hundred fifty (250) feet. [Added 9-21-1993 by L.L. No. 21-1993] (16) Parker's Landing Road, Peconic, from the guardrail at the easterly terminus westerly to Indian Neck Lane. [Added 10-5-1993 by L.L. No. 22-19931 (17) Bailie Beach Road, Mattituck, from the guardrail at the northerly terminus southerly for a distance of five hundred (500) feet. [Added 10-9-1993 by L.L. No. 24-19931 (18) South Harbor Lane, Southold, on the west side, from the guardrail at the southerly terminus northerly for a distance of five hundred (500) feet. [Added 5-31-1994 by L.L. No. 13-1994] (19) Terry Lane, Southold, both sides, from the high water mark at the westerly terminus easterly to the ��— intersection with Hobart Road. [Added 5-31-1994 by L.L. No. 13-19941 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) 6502.2 6-25-94 § 65-3.1 PARKING AT BEACHES § 65-3.1 § 65-3.1. Designation of parking areas on Fishers Island. [Added 5-314994 by L.L. No. 11-19941 A. The use of Race Point and Wilderness Point as recreational areas on Fishers Island by persons other than residents has increased to such an extent that such areas have become overcrowded with the result that residents are denied the use thereof. The Town Board therefore declares it to be policy of the Town of Southold to restrict -and regulate the parking of vehicles at Race Point, located at the southwesternmost tip of Fishers Island, and Wilderness Point to the east. B. No person shall park any type of vehicle in any parking area designated here in this section 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 Subsection D. C. The Town of Southold will erect and maintain a sign at each designated location indicating "Parking by Permit Only." D. Parking permits for any vehicles in the parking areas designated on Fishers Island shall be issued as follows: (1) Resident parking permit. (a) A resident parking permit shall be issued by a Fishers Island designee of the Southold Town Clerk to all persons who are qualified residents of the Town of Southold. Persons applying for a resident parking permit shall present for inspection the following proof of residency: a valid tax receipt stub for the current year for any taxable real property within the Town of is Southold assessed in the name of the applicant, or a valid motor vehicle registration in the name of the applicant at an address located within the Town of Southold, or such other proof of residence as is satisfactory to the designee. 6507 6-25-94 § 65-3.1 SOUTHOLD CODE § 65-3.1 (b) Upon determination by the designee that the applicant is a qualified resident of the town, and upon payment of a fee, previously determined by Town Board resolution, a resident parking permit shall be issued and inscribed with the vehicle license registration number. Such permit shall be affixed to the right front bumper and shall not be transferred to any other vehicle. (2) Lessee parking permit. (a) A lessee parking permit shall be issued by the Fishers Island designee to all persons who lease or rent property within the Town of Southold but do not qualify as residents defined in Subsection D(1). Persons applying for a lessee parking permit shall indicate the location of leased or rented property, the persons occupying the same and the term of tenancy and must present to the designee as proof of tenancy verification from the- property owner or managing realtor. (b) Upon determination by the designee that the applicant is entitled to a lessee parking permit, and upon payment of the fee, such permit shall be issued and inscribed with the vehicle license registration number and shall be affixed to the right front bumper and shall not be transferred to any other vehicle. (3) A guest parking permit shall be issued by the Fishers -Island designee to all 'persons who are qualified for residential or lessee parking permits as defined in Subsection D(1) and (2) hereof for use by guests temporarily residing in the dwelling of such resident or lessee. The resident or lessee applying for a guest parking permit shall indicate the location of property to be occupied by the guest, the names of the guests and the length of time and guest 6508 6-25-94 § 65-3.1 PARKING AT BEACHES § 65-6 occupancy. The guest parking .permit shall be displayed in the right front dashboard area of the vehicle, shall not be transferred to any other vehicle and shall be valid during guest occupancy only. E. Any vehicle parked in violation of the provisions of this section or any other law, ordinance, rule, regulation or resolution may be removed or be caused to be removed by the Mshers Island Constables or the New York State Troopers. § 65-4. Duration of permits. [Amended 5-31-1994 by L.L. No. 11-19941 Unless otherwise specified, all parking permits provided for in this chapter shall expire on December 31 of the year in which issued. § 65-5. Other regulations. 4 Persons using parking areas pursuant to the provisions of this chapter shall comply with all laws, ordinances, rules, regulations and resolutions applicable thereto. § 65-6. Removal of vehicles parked in violation. Any vehicle parked in violation of the provisions of this chapter or any other law, ordinance, rule or regulation may be removed or caused to be removed by a police officer of the Town of Southold and, after such removal, stored or caused to be stored in a suitable place at the expense of the owner. The owner or person in charge of such vehicle may redeem the same upon payment to the Southold Town Police Department of the amount of all actual and necessary . expenses incurred in the removal and 'storage of such vehicle. The said Police Depart- ment shall ascertain, to the extent possible, the owner or person in charge of such vehicle and shall notify him of the amount. which will be required to redeem the same. 6509 6-25-94 § 65-7 SOUTHOLD CODE § 65-7 § 65-7. Penalties for offenses. [Amended 7-31-1973 by L.L. No. 1-19731 Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding two hundred fifty dollars ($250.) or by imprisonment for a term not exceeding fifteen (15) days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder. 6510 6-25-94 § 100-13 ZONING § 100-13 BASEMENT — A story of a building, partly below the finished grade level, which has more than one-half (1/2) of its height, measured from floor to ceiling, above the average established curb level or finished grade of the land immediately adjacent to the building. BED -AND -BREAKFAST — The renting of not more than three (3) rooms in an owner -occupied dwelling for lodging • and serving of breakfast to not more than six (6) casual and transient roomers, provided that the renting of such rooms for such purpose is clearly incidental and subordinate to the principal use of the dwelling. BERM — A structure composed primarily of earth intended for privacy, security, enclosure, visual screening or noise abatement. BILLBOARD — A sign, including the type commonly known as a "billboard," which directs attention to a business, commodity, service, entertainment or attraction which is sold, offered or existing elsewhere than upon the same lot where such sign is displayed or - ' only incidentally upon such lot. BLOCK— An area bounded by one (1) or more streets or a municipal boundary and of sufficient size to accommodate a lot or lots of minimum size required by this chapter. BOARDING- AND TOURIST HOUSES — A building, other than a hotel, where lodging, with or without meals, for five (5) or more persons is furnished for compensation. BOARD OF APPEALS — The Zoning Board of Appeals of the Town of Southold. BREEZEWAY — Open construction with a roof projecting ifrom the outside wall of a building, not to exceed dimensions of eight by ten (8 x 10) feet, connecting the main building and a garage. Other types of attachments which extend more than ten (10) feet, or 10015 6-25-94 § 100-13 SOUTHOLD CODE § 100-13 exceed eighty (80) square feet in area, shall not attach a main building to a separate building unless such attachment meets the requirements of livable floor area. [Added 5-31-1994 by L.L. No. 10-19941 BUILDABLE AREA — The area of a lot remaining after the minimum yard and open space requirements of this chapter have been met. BUILDABLE LAND — The net area of a lot or parcel r after deducting wetlands, streams, ponds, slopes over fifteen percent (15%), underwater land, easements or other restrictions preventing use of such land for construction of buildings or development. BUILDING — Any structure having a roof supported by such things as columns, posts, piers, walls or air and intended for the shelter, business, housing or enclosing of persons, animals, property or other materials; also any combination of materials forming any construction, except where entirely underground so as to permit the use of the ground above the same as if no "building' was present. The term "building" shall include the term "structure" as well as the following: (1) Signs. (2) Fences. (3) Walls. (4) Radio and television receiving and transmitting towers and antennas, except for such antennas installed on the roof of a building and extending not more than twenty (20) feet above the highest level of the roof of such building. (5) Porches, outdoor bins and other similar structures. BUILDING AREA- The aggregate of the maximum horizontal cross section of the buildings on a lot, measured between the exterior faces of walls. (1) The term "building area" shall include the following: 10016 6-25-94 is 10016.1 6-25-94 § 100-13 ZONING § 100-13 (a) Balconies. (b) Terraces, patios, decks and other structures above the finished grade. (c) Swimming pools, tennis courts and other similar structures. (2) The term "building area" shall exclude the following: • (a) Cornices, eaves, gutters, chimneys and fireplaces, projecting not more than twenty- eight (28) inches from exterior walls. (b) Steps and open porches, projecting not more than five (5) feet from exterior walls and having an area of not more than thirty (30) square feet. (c) First -story bay windows projecting not more than three (3) feet from exterior walls and exterior cellar doors- projecting not more than six (6) feet from exterior walls. (Cont'd on page 10017) is 10016.1 6-25-94 § 100-13 ZONING § 100-13 entity which owns the building or buildings and, in addition, a lease or occupancy agreement which entitles them to occupy a particular dwelling unit therein, regardless of whether, and in what manner, the dwelling units are managed, leased or otherwise made available for use by persons other than the owners thereof. • COURT, INNER —An open space enclosed on all sides by exterior walls of a building. COURT, OUTER — An open space enclosed on three (3) sides by exterior walls of a building. COURT, DEPTH OF OUTER— The linear average dimension measured from the unenclosed side of the court to the farthest wall thereof. COURT, WIDTH OF OUTER — The linear dimension of the unenclosed side of the court. CUL-DE-SAC — The turnaround at the end of a dead- end street. CURB CUT — The opening along the curbline at which point vehicles may enter or leave the roadway. CURB LEVEL — The established elevation of the street grade at the point that is opposite the center of the wall nearest to and facing the street line. CUSTOM WORKSHOP — A business premises used for the making of clothing, millinery, shoes or other personal articles to individual order or measure, for sale at retail on the premises only and not including the manufacture of machinery, vehicles, appliances and similar heavy goods and ready-to-wear or standardized products. • DECK— Construction attached to a building open to the sky with floor materials built at an elevation above natural grade. Decks are required to have building permits before construction. [Added 5-31-1994 by L.L. No. 10-1994] (Cont'd on page 10019) 10018.1 .6-25-94 § 100-13 ZONING § 100-13 organized instructional facility for five (5) or more enrolled children under six (6) years of age other than the children of the resident, family and not furnishing sleeping facilities except to the resident family. OFF-STREET PARKING SPACE — A space for the parking of one (1) motor vehicle within a public or private parking area, but not within a public street. OPEN SPACE — Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land. OUTDOOR STORAGE — The keeping, in an unroofed area, of any goods, junk, material, merchandise or vehicles in the same place for more than twenty-four (24) hours. ' OWNER — Includes the duly authorized agent, attorney, purchaser, devisee, fiduciary or any other person having vested or contingent interest in the property in question. PARKING LOT — An off-street, ground level area, surfaced and improved for the temporary storage of motor vehicles. PARTIAL SELF-SERVICE GASOLINE SERVICE STATION — A gasoline service station primarily for the servicing of motor vehicles and the dispensing of gasoline by means of a qualified attendant controlling an approved console regulating the flow of gasoline into fixed and approved dispensing equipment thereafter to be operated by the customer at one (1) set of pumps on one (1) pump island and by a qualified attendant operating dispensing equipment at all other pump islands. 10027 6-25-94 r § 100-13 SOUTHOLD CODE § 100-13 PATIO — A flat, leveled structure attached to a building by .steps, or other construction, and having a base floor area at or below natural grade and open to the sky. A "patio' structure below or at grade is not deemed to be a deck or porch and shall not require a building permit. New step areas to patios, decks,, porches, breezeways, etc., will require a building permit. Any other patio or similar structure constructed above natural grade also requires a building permit. [Added 5-31-1994 by L.L. No. 10-1994]' PERFORMANCE GUARANTY— Any . security which may be accepted by the town as a guaranty that improvements required as part of an application for development are satisfactorily completed. PERSON — Any association, partnership, corporation, cooperative group, trust or other entity, as well as an individual. PLANNING BOARD — The Planning Board of the Town of Southold. PLAT — The map of a subdivision. PRINCIPAL BUILDING — A building in which is conducted the main or principal use of the lot on which said building is located. PRINCIPAL USE — The main or primary purpose or purposes for which land and/or structure(s) is designed, arranged, used or intended to be used or for which such land and/or structure(s) may be occupied or maintained under this chapter. PROFESSIONAL OFFICE — The office of a member of a recognized profession or occupation, including architects, artists, authors, dentists, doctors, lawyers, ministers, musicians, optometrists, engineers and such other similar professions or occupations which may be so designated by the Board of Appeals. 10028 6 -25 - 94 • § 100-13 ZONING § 100-13 PUBLIC WATER: PUBLIC SEWER — Communal sewage disposal systems and communal water supply systems as approved by public agencies having jurisdiction thereof. RECREATION FACILITY, COMMERCIAL — An indoor or outdoor privately operated business involving playing fields, courts, arenas or halls designed to accommodate sports and recreational activities, such as billiards, bowling, dance halls, gymnasiums, health spas, skating rinks, shooting ranges, tennis courts and swimming pools. RECREATIONAL VEHICLE — A vehicular -type portable structure, without permanent foundation, which can be towed, hauled or driven and primarily designed as temporary living accommodation for recreational, camping and travel use, and including but not limited to travel trailer, truck campers, camping trailers and self-propelled motor homes. RESEARCH LABORATORY — A building for experimentation in pure or applied research, design, development and (Cont'd on page 10029) 10028.1 6-25-94 § 100-230 ZONING § 100-230 chimneys, derricks, conveyors, flagpoles, radio towers, television towers and television aerials, provided that any television or radio aerial shall not be located nearer than a distance equal to its height above the roof or other permanent structure to which it is attached to any overhead electric transmission line carrying more than two hundred twenty (220) volts. (2) Bulkheads, observation towers, monitors, fire towers, hose towers, cooling towers, water towers, grain elevators or other structures where a manufacturing process requires greater height, provided that any such structures that are located on any roof area that exceed in height the limits in 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. F. [Added 5-31-1994 by L.L. No. 10-19941 Exceptions for accessory buildings and structures. Notwithstanding any other provision of this chapter, accessory buildings and structures in all zoning districts must comply with the location and minimum setback requirements provided at § 100-33, with the following provisions: (1) An accessory building may be otherwise located when attached by a breezeway, provided that it is. 10133 6-25-94 § 100-230 SOUTHOLD CODE § 100-232 used only for accessory storage or garage purposes and meets all setback provisions required for the main, principal building. (2) - In the event of a change from an accessory storage or garage use to livable floor area, the breezeway and garage -storage area may only be converted by direct access between the rooms and made an integral part of the existing livable floor area of the principal building for single-family use. (3) Other types of additions which connect two (2) buildings must meet the setback requirements for the principal building. (4) Deck and/or patio additions to a. principal building which do not connect two (2) structures or buildings are permitted if they meet- principal building setbacks. § 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. 10134 6-25-94 § 100-232 ZONING § 100-235 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 (21/2) feet above the average street level within an isosceles triangle having thirty- foot sides along each street to preserve sight lines for traffic. • § 100-233. Building length and separation for buildings containing 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. 10134.1 6-25-94 § 100-235 SOUTHOLD CODE § 100-235 (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. • (Cont'd on page 10135) 10134.2 6-25-94 s C: 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, 100-50 –100-59 AGRICULTURAL LAND PRESERVATION Land Preservation Committee, 25-50 ALARM SYSTEMS False alarms, 24-5, 24-6 Fees, 24-6 Penalties for offenses, 24-8 Permits, 24-3, 24-4 ANCHORING Flood damage prevention, 46-16 APARTMENT Defined, 100-13 APARTMENT HOUSE Defined, 100-13 APPEALS Coastal erosion hazard area, 37-35, 37-36 Flood damage prevention, 46-22 APPOINTMENTS Land Preservation Committee, 25-50,59-50 ARCHIVES Defined, 72-3 —B— BEACH Defined, 37-6 BERMS Height regulations, 100-231 BLUFF Defined, 37-6 BOATS Mooring, 32-39.3, 32-39.4 Notices, 32-39.4 Permits, 32-39.3, 32-39.4 BOATS, DOCKS AND WHARVES Bathing and swimming, 32-38.1 Ramps, 32-32.1 Regulation of personal watercraft and specialty prop -craft, 32-36.3 Scuba diving, 32-38.2 Spear fishing, 32-38.3 BODY FLUIDS Defined, A107-43.1 BONDS Coastal erosion hazard area, 37-41 BOWRIDING Defined, 32-31 BREEZEWAY Defined, 100-13 BUILDING INSPECTOR Flood damage prevention, 46-11, 46-14 Powers and duties, 46-14 BUILDING PERMITS Site plan approval, 100-252 BULKHEAD Defined, 100-13 —C— CANS Defined, 48-1 CANVASSERS Defined, 69-1 See also PEDDLERS, SOLICITORS AND TRANSIENT RETAIL MERCHANTS CERTDF ICATE OF COMPLIANCE Defined, 100-13 Flood damage prevention, 46-14 CERTIFICATE OF DETERMINATION Defined, 100-13 CERTIFICATE OF OCCUPANCY Site plan approval, 100-252 CHANNEL SYSTEM Defined, 32-31 sI -1 6-25-94 SOUTHOLD SUPPLEMENTAL INDEX 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, 37-40 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 AREAMAP Defined, 37-6 COASTAL EROSION HAZARD BOARD OF REVIEW Coastal erosion hazard area, 37-34 COASTAL WATERS Defined, 37-6 COASTLINE Defined, 37-6 COLLAPSED BUILDINGS, see UNSAFE BUILDINGS COMMUNICABLE DISEASE Defined, A107-43.1 COMMUNICABLEJESTFF CTIOUS DISEASES Definitions, A107-43.1 Line -of -duty exposures, A107-43.1 Notices, A107-43.1 Police Department rules and regulations, A107-43.1 Policy, A107-43.1 Procedures, A107-43.1 Purpose, A107-43.1 Records, A107-43.1 Supplies, A107-43.1 COMPLAINANT Defined, A107-35.1 CURBS Highway specifications, A108-42 MZ DEBRIS LINE Defined, 37-6 DECKS , Defined, 100-13 DEDICATION OF ROADS Highway specifications, A108-50 DEFINITIONS Administrator, 37-6 Apartment, 100-13 Apartment house, 100-13 Archives, 72-3 Beach, 37-6 Bluff, 37-6 Body fluids, A107-43.1 Bowriding, 32-31 Breezeway, 100-13 Bulkhead, 100-13 Cans, 48-1 Canvassers, 69-1 Certificate of compliance, 100-13 SI -2 6-25-94 • 0 • 0 SOUTHOLD SUPPLEMENTAL INDEX Certificate of determination, 100-13 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 Decks, 100-13 Dune, 37-6 Eels, 77-201 Erosion, 37-6 Erosion hazard area, 37-6 Erosion protection structure, 37-6 Existing manufactured home park or subdivision, 46-4 Existing structure, 37-6 Expansion to an existing manufactured home park or subdivision, 46-4 Family/household, A107-35.1 Family offense, A107-35.1 Federal Emergency Management Agency, 46-4 Flood Boundary and Floodway Map, 46-4 Flood elevation study, 46-4 Floodplain, 46-4 Flood -prone area, 46-4 Fraternal organization, 100-13 Glass, 48-1 Grading, 37-6 Habitable floor area, 100-13 Historic District, 56-3 Historic structure, 46-4 Home business office, 100-13 Home professional office, 100-13 Illegal dumping, 48-2 Living area, 100-13 Local administrator, 46-4 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 New manufactured home park or subdivision, 46-4 Newspaper, 48-1 Nonrecyclable waste, 48-2 Normal maintenance, 37-6 Order of protection, A107-35.1 Patio, 100-13 Peddler, 69-1 Person, 37-6, 69-1 Personal watercraft, 32-31 Plastics, 48-1 Primary dune, 37-6 Primary frontal dune, 46-4 Probable cause, A107-35.1 Receding edge, 37-6 Recession rate, 37-6 Records, 72-3 Records center, 72-3 Records disposition, 72-3 Records management, 72-3 Recreational vehicles, 46-4 Recyclable, 48-1 Recyclable, municipal, 48-1 Recyclable, other, 48-1 Recyclable wood, 48-1 Regulated activity, 37-6 Restaurant, formula food, 100-13 Restaurant, take-out, 100-13 Restoration, 37-6 Retaining wall, 100-13 Salvage center, 74-1 Secondary dune, 37-6 Servicing, 72-3 Shopping centers, 100-13 Significant fish and wildlife habitat, 37-6 Solicitors, 69-1 Specialty prop -craft, 32-31 Structural hazard area, 37-6 Structure, 37-6 Style of architecture, 56-3 Substantial damage, 46-4 Tbe, 37-6 Town garbage bag, 48-2 r_ SI -3- 6-25-94 SOUTHOLD SUPPLEMENTAL INDEX Transient retail business, 69-1 Unregulated activity, 37-6 Utilities, 100-51 Vegetation, 37-6 DRAINAGE Highway specifications, A108-27, A108-29 — A108-33, A108-36 Site plan approval, 100-252 DRIVEWAYS Highway specifications, A108-40 DUNE Defined, 37-6 DUST Peddlers, solicitors and transient retail merchants, 69-10 —E— EELS Defined, 77-201 Coastal erosion hazard area, 37-20 — 37-29 EROSION . Defined, 37-6 EROSION HAZARD AREA Defined, 37-6 EROSION PROTECTION STRUCTURE Defined, 37-6 EXCAVATIONS Highway specifications, A108-18 EXISTING MANUFACTURED HOME PARK OR SUBDIVISION Defined, 46-4 EXISTING STRUCTURE Defined, 37-6 EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION Defined, 46-4 —F— FALSE ALARMS Alarm systems, 24-5, 24-6 FAMILY/HOUSEHOLD Defined, A107-35.1 FAMILY OFFENSE Defined, A107-35.1 FEDERAL EMERGENCY MANAGEMENT AGENCY Defined, 46-4 FEES Alarm systems, 24-6 Coastal erosion hazard area, 37-32, 37-40 Flood damage prevention, 46-12 Garbage, rubbish and refuse, 48-2 Peddlers, solicitors and transient retail merchants, 69-4, 69-9 Salvaging centers, 74-3 Site plan approval, 100-256 FENCES Highway specifications, A108-42 FISHERS ISLAND Parking at beaches, 65-3.1 Permits, 65-$.1 FLOOD BOUNDARY AND FLOODWAY MAP Defined, 46-4 FLOOD DAMAGE PREVENTION Anchoring, 46-16 Appeals, 46-22 Building Inspector, 46-11, 46-14 Certificate of compliance, 46-14 Construction materials and methods, 46-16 Encroachments, 46-15 Fees, 46-12 General floodproofing standards, 46-15 Manufactured homes, 46-15, 46-21 New construction, 46-15, 46-16 Nonresidential structures (coastal high -hazard areas), 46-20 Nonresidential structures (except coastal high -hazard areas), 46-19 Penalties for offenses, 46-9 SI -4 6-25-94 L._J • SOUTHOLD SUPPLEMENTAL INDEX Permits, 46-12, 46-13 Recreational vehicles, 46-21 Residential structures (coastal high -hazard areas), 46-18 Residential structures (except coastal high -hazard areas), 46-17 Standards for all structures, 46-16 Stop -work orders, 46-14 Subdivision proposals, 46-15 Utilities, 46-16 Variances, 46-23 Warning and disclaimer of liability, 46-10 Zoning Board of Appeals, 46-22 FLOOD ELEVATION STUDY Defined, 46-4 FLOODPLAIN Defined, 46-4 FLOOD -PRONE AREA Defined, 46-4 FRATERNAL ORGANIZATION Defined, 100-13 — G — GARBAGE, RUBBISH AND REFUSE Fees, 48-2 Nonrecyclable waste, 48-2, 48-3 Town garbage bag, 48-2 GLASS Defined, 48-1 GRADING Defined, 37-6 GUARANTIES Site plan approval, 100-254 _H_ HABITABLE H— HABITABLE FLOOR AREA Defined, 100-13 HEARINGS Peddlers, solicitors and transient retail merchants, 69-11 Site plan approval, 100-254 HEIGHT REGULATIONS Berms, 100-231 HIGHWAY SPECIFICATIONS Alterations or modifications to specifications, A108-48 As -constructed survey, A108-46 Ashpalt wearing course, A108-23 Asphalt binder course, A108-22 Asphalt pavement cores, A108-26 Base course for asphalt pavement, A108-21 Base course for Stone Blend Road, A108-19 Bituminous surface treatment double application, A108-24 Catch basins, A108-34 Clearing and grubbing, A108-16 Concrete curbs, A108-38 Concrete cylinders, A108-41 Concrete footings, slabs and headwalls, A108-37 Concrete sidewalks and driveway entrances, A108-40 Construction. specifications, A108-15.1, A108-15 Dead-end streets, A108-11 Drainage design criteria, A108-27 Drainage pipe criteria, A108-36 Excavation and embankment, A108-18 Fences and curbs at recharge basins, A108-42 Final dedication of roads, A108-50 Granite curbs, A108-39 Inspections, A108-49 Landscaping of recharge basins, A108-43 Leaching basins, A108-28 Manholes, A108-35 Modifications to existing private roads, A108-25 Recharge basins Type A and drainage areas, A108-29 Recharge basins Type B and drainage areas, A108-30 Recharge basins Type C and drainage, A108-31 SI -5 6-25-94 T SOUTHOLD SUPPLEMENTAL INDEX Screening, A108-43 Seeding, A108-44 Stone blend wearing course, A108-20 Storm drains, A108-33 Stormwater drainage systems, A108-32 Streetlighting, A108-47 Street signs, A108-12 Street trees, A108-45 Stripping and stockpiling soil, A108-17 Topsoil, A108-43 Trees, A108-43 HISTORIC DISTRICT Defined, 56-3 HISTORIC STRUCTURE Defined, 46-4 HOME BUSINESS OFFICE Defined, 100-13 HOME PROFESSIONAL OFFICE Defined, 100-13 Noise, 100-31 Setbacks, 100-31 Signs, 100-31 Storage, 100-31 Zoning, 100-31 —I— ILLEGAL DUMPING Defined, 48-2 INSPECTIONS Highway specifications, A108-49 INVESTIGATIONS Peddlers, solicitors and transient retail merchants, 69-7 —L— LAND PRESERVATION COIVE%HTI`EE Agricultural land preservation, 25-50 Appointments, 25-50,59-50 Membership, 25-50, 59-50 Open space preservation, 59-50 Powers and duties, 25-50, 59-50 Terms of office, 25-50, 59-50 LANDSCAPING Highway specifications, A108-43 Site plan approval, 100-252 LIABILITY Flood damage prevention, 46-10 LICENSES Peddlers, solicitors and transient retail merchants, 69-1– 69-13 LIGHTING Site plan approval, 100-252 LIVING AREA Defined, 100-13 LOCAL ADMINISTRATOR Defined, 46-4 —M— MAJOR ADDITION Defined, 37-6 MANUFACTURED HOMES Flood damage prevention, 46-15, 46-21 MEAN LOW WATER Defined, 37-6 MEMBERSHIP Land Preservation Committee, 25-50,59-50 MERCHANTS, see PEDDLERS, SOLICITORS AND TRANSIENT RETAIL, MERCHANTS MOORING Boats, 32-39.3, 32-39.4 MOVEABLE STRUCTURE Defined, 37-6 —N— NATURAL PROTECTIVE FEATURE Defined, 37-6 SI -6 6-25-94 C7 • CJ SOUTHOLD SUPPLEMENTAL INDEX NATURAL PROTECTIVE FEATURE AREA Defined, 37-6 NEARSHORE AREA Defined, 37-6 NEW MANUFACTURED HOME PARK OR SUBDPnSION Defined, 46-4 NEWSPAPER Defined, 48-1 NOISE Home professional office, 100-31 Peddlers, solicitors and transient retail merchants, 69-10 NONRECYCLABLE WASTE Defined, 48-2 Garbage, rubbish and refuse, 48-2, 48-3 NORMAL MAINTENANCE Defined, 37-6 NOTICES Boats, 32-39.4 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 OBSTRUCTIONS Peddlers, solicitors and transient retail merchants, 69-10 Sidewalks, 80-2 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_ PARKING Salvaging centers, 74-4 PARKING AT BEACHES Fishers Island, 65-3.1 PATIO Defined, 100-13 PEDDLER Defined, 69-1 PEDDLERS, SOLICITORS AND TRANSIENT RETAIL 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 Alarm systems, 24-8 Coastal erosion hazard area, 37-47 Flood damage prevention, 46-9 Peddlers, solicitors and transient retail merchants, 69-13 Salvaging centers, 74-6 PERMITS Alarm systems, 24-3, 24-4 Boats, 32-39.3, 32-39.4 Coastal erosion hazard area, 37-11, 37-12, 37.40 SI -7 6-25-94 SOUTHOLD SUPPLEMENTAL INDEX Fishers Island, 65-3.1 Flood damage prevention, 46-12, 46-13 Salvaging centers, 74-2, 74-3, 74-5 PERSON Defined, 37-6, 69-1 PERSONAL WATERCRAFT Defined, 32-31 PLASTICS Defined, 48-1 POLICE DEPARTMENT RULES AND REGULATIONS Communicable/infectious diseases, A107-43.1 Pro -arrest policy, A107-35.1 POWERS AND DUTIES Administrator, 37-42 Building Inspector, 46-14 Land Preservation Committee, 25-50,59-50 Records Advisory Board, 72-5 Records management officer, 72-4 PRIMARY DUNE Defined, 37-6 PRIMARY FRONTAL DUNE Defined, 46-4 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 Defined, 72-3 Peddlers, solicitors and transient retail merchants, 69-8 RECORDS ADVISORY BOARD Powers and duties, 72-5 Records management, 72-5 RECORDS CENTER Defined, 72-3 RECORDS DISPOSITION Defined, 72-3 RECORDS MANAGENEENT Custody and control of records, 72-6 Definitions,, 72-3 Disposition of records, 72-7 Intent, 72-1 Program established, 72-2 Records Advisory Board, 72-5 Records management officer, 72-2, 72-4,72-6 RECORDS MANAGEMENT OFFICER Powers and duties, 72-4 Records management, 72-2, 72-4 RECREATIONAL VEHICLES Defined, 46-4 Flood damage prevention, 46-21 RECYCLABLE Defined, 48-1 RECYCLABLE,'MUNICIPAL Defined, 48-1 RECYCLABLE, OTHER Defined, 48-1 RECYCLABLE WOOD Defined, 48-1 REGISTRATION Peddlers, solicitors and transient retail merchants, 69-3, 69-6 REGULATED ACTIVITY Defined, 37-6 SI -8 6-25-94 • • SOUTHOLD SUPPLEMENTAL INDEX RESTAURANT, FORMULA FOOD Defined, 100-13 RESTAURANT, TAKE-OUT Defined, 100-13 RESTORATION Defined, 37-6 RETAINING WALL Defined, 100-13 ..-5— SALES Peddlers, solicitors and transient retail merchants, 69-1— 69-13 SALVAGE CENTER Defined, 74-1 SALVAGING CENTERS Definitions, 74-1 Fees, 74-3 Parking, 74-4 Penalties for offenses, 74-6 Permits, 74-2, 74-3, 74-5 SCREENING Highway specifications, A108-43 Site plan approval, 100-252 SECONDARY DUNE Defined, 37-6 SERVICING Defined, 72-3 SETBACKS Home professional office, 100-31 SHELLFISH Eels, 77-208.1 Vegetation removal prohibited, 77-211.2 SHOPPING CENTERS Defined, 100-13 SIDEWALKS Highway specifications, A168-40 Intent, 80-1 Obstructions, 80-2 Snow and ice removal, 80-2 SIGNIFICANT FISH AND WILDLIFE HABITAT Defined, 37-6 SIGNS Highway specifications, A108-12 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, 10 0-25 2 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 SNOW AND ICE REMOVAL Sidewalks, 80-2 SOLICITORS Defined, 69-1 See also PEDDLERS, SOLICITORS AND TRANSIENT RETAIL MERCHANTS SPECIALTY PROP -CRAFT Defined, 32-31 STOP -WORK ORDERS Flood damage prevention, 46-14 STORAGE Home professional office, 100-31 STREETLIGHTING Highway specifications, A108-47 STRUCTURAL HAZARD AREA Defined, 37-6 SI -9 6-25-94 SOUTHOLD SUPPLEMENTAL INDEX STRUCTURE Defined, 37-6 STYLE OF ARCHITECTURE Defined, 56-3 SUBDIVISION OF LAND Flood damage prevention, 46-15 SUBSTANTIAL DAMAGE Defined, 46-4 —T— TERMS OF OFFICE Land Preservation Committee, 25-50,59-50 TOE Defined, 37-6 TOPSOIL Highway specifications, A108-43 TOWN GARBAGE BAG Defined, 48-2 Garbage, rubbish and refuse, 48-2 TRANSIENT MERCHANTS, see PEDDLERS, SOLICITORS AND TRANSIENT RETAIL MERCHANTS TRANSIENT RETAIL BUSINESS Defined, 69-1 TREES Highway specifications, A108-43, A108-45 — U — UNREGULATED ACTIVITY Defined, 37-6 UNSAFE BUILDINGS Unsafe premises prohibited, 90-3 UTILITIES Defined, 100-51 Flood damage prevention, 46-16 Site plan approval, 100-252 —V— VARIANCES Coastal erosion hazard area, 37-30 – 37-39 Flood damage prevention, 46-23 Site plan approval, 100-254 VEGETATION Defined, 37-6 VEHICLES Peddlers, solicitors- and transient retail merchants, 69-10 —Z— ZONING Affordable Housing (AHD) District, 100-50-100-59 Home professional office, 100-31 Site plan approval, 100-250 – 100-256 ZONING BOARD OF APPEALS Flood damage prevention, 46-22 SI -10 6-25-94 CJ 0