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Home My WebLink About1997 Code Supplement - 02/25/199710 GENERAL CODE PUBLISHERS CORP. INSTRUCTIONS Town of Southold Code Supplement No. 117 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. This instruction page should be placed in the front of your Code volume. REMOVE 7707-7711 10017— 10018 10018.1 10021-10024 10024.1 10041-10042 10047— 10053 10054.1-10054.5 Supplemental Index, SI-1—SI-14 INSERT 7707-7712 10017— 10018 10018.1-10018.2 10021-10024 10024.1-10024.3 10041-10042 10047— 10054 10054.1-10054.4 Supplemental Index, SI-1—SI-14 Legislation, by number or date of adoption, included in this supplement: L.L. Nos. 20-1996; 1-1997; 2-1997. 2-25-97 § 77-204 SHELLFISH § 77-205 one (1) day for other than commercial purposes. [Amended 7-7-1982 by L.L. No. 5-19821 E. Subject to the provisions of this section, not more than five (5) bushels of scallops may be taken from town waters for commercial purposes in any one (1) day by any one (1) person. Two (2) or more persons occupying the same boat may take, in the aggregate, not more than ten (10) bushels of scallops in one (1) day for commercial purposes. [Amended 7-31-1973; 7-7-1982 by L.L. No. 5-1982] F. Scallops shall not be taken from town waters during the period from sunset to sunrise. G. Scallops shall not be taken from'town waters on Sundays except by hand or with a scalp net. H. Only scallops measuring more than 21/4 inches from the middle of the hinge to the middle of the bill may be taken from town waters except as provided below. [Amended 1-21-1997 by L.L. No. 2-19971 I. Scallops measuring less than 21/4 inches with an annual growth line may be taken from town waters only by resolution of the Southold Town Board of Trustees. [Added 1-21-1997 by L.L. No. 2-1997] § 77-205. Clams. A. Hard clams less than one (1) inch in thickness shall not be taken from town waters. B. Soft or steamer clams less than two (2) inches in the longest diameter shall not be taken from town waters. C. Churning by power may not be employed in the taking of soft clams on land below the high -tide line in town waters. [Amended 6-4-1991 by L.L. No. 11-19911 D. A permanent resident, a taxpayer, a temporary resident or a guest accompanied by a permanent resident may 7707 2-25-97 § 77-205 SOUTHOLD CODE § 77-206 take not more than one hundred (100) clams from town waters in one (1) day for noncommercial purposes. [Amended 7-7-1982 by L.L. No. 5-19821 E. Not more than two thousand (2,000) hard clams may be taken from town waters for commercial purposes in any one (1) day by any one (1) person. Two (2) . or more persons occupying the same boat may take, in aggregate, not more than four thousand (4,000) hard clams in one (1) day for commercial purposes. [Added 7-7-1982 by L.L. No. 5-1982; amended 6-1-1993 by L.L. No. 7-1993] § 77-206. Oysters. A. Oysters shall not be taken from town waters during the period from May 1 to August 31 in each year, both dates inclusive. B. Oysters shall not be taken from town waters during the period from sunset to sunrise. C. Only oysters measuring more than three (3) inches from the hinge to the bill may be taken from town waters. D. The Trustees of the Town of Southold may establish, by resolution, the limits on the number of oysters which may be harvested for commercial purposes and noncommercial purposes. A permanent resident, a taxpayer, a temporary resident or guest accompanied by a resident may harvest oysters for noncommercial purposes in the quantities set by resolution of the Trustees. [Amended 7-7-1982 by L.L. No. 5-1982; 1-21-1997 by L.L. No. 1-199711 . Editor's Note: Former Subsection E, which immediately followed this subsection and dealt with the amount of oysters allowed to be taken from town waters for commercial purposes, was repealed 1-21-1997 by L.L. No. 1-1997. 7708 2-25-97 § 77-207 SHELLFISH § 77-208.1 § 77-207. Blue claw crabs. [Added 7-31-19731 A. Blue claw crabs measuring less than five (5) inches from point to point of the upper shell shall not be taken from the waters of the Town of Southold. B. A permanent resident, a taxpayer, a temporary resident or a guest accompanied by a permanent resident may not take more than one-half (1/2) bushel of blue claw crabs from town waters in any one (1) day for noncommercial purposes. [Amended 7-7-1982 by L.L. No. 5-19821 C. Female blue claw crabs shall not be taken from the waters of the Town of Southold. [Amended 7-14-1987 by L.L. No. 12-1987] D. Crab pots. No individual may set more than one (1) crab pot, -and each crab pot and buoy shall have affixed thereto the individual's shellfish permit number. [Added 7-14-1987 by L.L. No. 12-19871 § 77-208. Mussels. [Added 7-31-19731 A. A permanent resident, a taxpayer, a temporary resident or a guest accompanied by a permanent resident may not take more than one (1) bushel of mussels from town waters in one (1) day for noncommercial purposes. [Amended 7-7-1982 by L.L. No. 5-19821 B. Not more than ten (10) bushels of mussels may be taken from town waters for commercial purposes in one (1) day by any one (1) person. Two (2) or more persons occupying the same boat may take, in the aggregate, not more than twenty (20) bushels of mussels in one (1) day for 0 commercial purposes. § 77-208.1. Eels. [Added 6-2-1992 by L.L. No. 11-19921 A. Commercial purposes. No more than fifty (50) eel pots or traps per permittee in town waters shall be permitted. 7709 2-25-97 § 77-208.1 SOUTHOLD CODE § 77-211 All pots must be identified with the shellfish permit number. B. A permanent resident, taxpayer and temporary resident. No more than five (5) eel pots in town waters shall be permitted. All pots must be identified with the shellfish permit number. § 77-209. Culling shellfish and restoration of underwater lands. A. Shellfish shall be culled when taken. All shellfish taken which do not comply with the provisions of this Article shall be immediately returned alive to the water. B. All lands under town waters disturbed by the taking of shellfish shall be restored to their condition prior to the taking of such shellfish by the person taking such shellfish. § 77-210. Restricted areas. Shellfish shall not be taken, from any town waters which have been restricted by the Town Board of Trustees, provided that such restricted areas shall have been properly designated by a resolution duly passed by said Board of Trustees and properly staked and notices posted by said Board of Trustees. § 77-211. Transplanting of shellfish. Notwithstanding any other provision of this Article, the Town Board of Trustees may authorize the transplanting of shellfish in town waters of any age or size, subject to its supervision, when it shall find that such shellfish are in danger of destruction as the result of predators or other causes. 7710 2-25-87 § 77-211.1 SHELLFISH § 77-212 § 77-211.1. Dredges and scrapes. [Added 7-7-1982 by L.L. No. 5-1982; amended 1-21-1997 by L.L. No. 1-1997] Except as permitted by § 77-204C of this Article, the use of a dredge, scrape, ell dredge or similar device towed by a boat operated by mechanical power or other means is prohibited in town waters. Except as permitted by § 77-204C of this article, is the use of a dredge, scrape, ell dredge or similar device towed by a boat operated by mechanical power or other means is prohibited in town waters except by special permission of the Trustees for scientific study projects. § 77-211.2. Vegetation removal prohibited. [Added 12-28-1990 by L.L. No. 30-19901 No person shall remove beach grasses or wetland vegetation of any kind, nor place spoil thereon, in any other area of the Town of Southold without prior written approval by the Board of Town Trustees of the Town of Southold. § 77-212. Penalties for offenses. [Amended 7-31-1973 by L.L. No. 1-19731 A. Any person convicted of an offense against any provision of this Article shall be deemed to have committed a violation against such Article and also shall be liable for any such offense or penalty therefor. B. For every offense against any provision of this Article, the person committing the same shall be subject to a fine of not more than two hundred fifty dollars ($250.) or imprisonment not exceeding fifteen (15) days, or both _ such fine and imprisonment. C. A second conviction for an offense against any of the provisions of this Article within a period of one (1) year shall constitute and effect an immediate forfeiture of a permit issued to such person. No new permit shall be 7711 2-25-97 § 77-212 SOUTHOLD CODE § 77-212 issued to such person for at least one (1) year after such forfeiture. D. Any person committing an offense against this Article shall be subject to a civil penalty enforceable and collectible by the town for each such offense. Such penalty shall be collectible by and in the name of the town. E. In addition to the above -provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the offense against this Article. 7712 2-25-97 § 100-13 ZONING § 100-13 BUILDING LINE — A line formed by the intersection or a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of building on any side. In case of a cantilevered section building, the vertical plane will coincide with the most projected surface. BULKHEAD — A structure or barrier the intended use for which is to separate and act as a barrier between earthen material and water. [Added 7-13-1993 by L.L. No. 14-19931 CELLAR — Any space in a building, partly below finished grade level, which has more than one-half (1/2) its height, measured from floor to ceiling, below average established curb level or finished grade of land immediately adjacent to the building. CERTIFICATE OF COMPLIANCE — A document issued by the Building Inspector certifying that the premises indicated conform to Zoning Board of Appeals requirements for bed -and -breakfast use or accessory apartment use at the time of issuance. [Added 5-20-1993 by L.L. No. 6-19931 CERTIFICATE OF DETERMINATION — [Added 5-20-1993 by L.L. No. 5-1993; repealed 7-11-1995 by L.L. No. 16-19951 CERTIFICATE OF OCCUPANCY — A document issued by a Town Building Inspector allowing the use and occupancy of a building and/or land and certifying that the structure and/or use of land and/or structures is. in compliance with all state and local codes, regulations and requirements. CHILD CARE — A residential structure and property used principally as a residence, where child care is provided by the resident for a total of five or fewer children other than those of the caregiver. This use must be in accordance with the regulations governing home 10017 2-25-97 § 100-13 SOUTHOLD CODE § 100-13 occupations in this Zoning Code. [Added 11-12-1996 by L.L. No. 20-19961 CLUSTER. — See "residential cluster." CLUB, BEACH — A not-for-profit corporation, as defined in § 102 of the Not -For -Profit Corporation Law of the State of New York, located contiguous to a bay .or Long Island Sound and established for the principal purpose of engaging in swimming in the sound or the bays, but " excluding any form of aviation, motorboat racing or waterskiing on inland waterways or similar hazardous sports. CLUB, MEMBERSHIP OR COUNTRY or GOLF COURSE, NONPROFIT — A not-for-profit corporation, as defined in § 102 of the Not -For -Profit Corporation Law of the State of New York, established for the principal purpose of engaging in outdoor sports, such as golf, tennis, swimming, fishing, hunting or similar activities, but not including any form of aviation, outdoor trap, skeet or target shooting or motorboat racing. The activities of such a club shall be limited to its members and their guests and shall not be extended to the general public. CLUB, YACHT — A not-for-profit corporation, as defined by § 102 of the Not -For -Profit Corporation Law of the State of New York, established for the principal purpose of engaging in recreational boating. The activities of such a "yacht club" shall be limited to its members and their guests and shall not be extended to the general public. The term "yacht club" shall be deemed to include the term "marina" but shall not be deemed to include the term "boatyard" except for the out -of -water storage of members' boats. Is COMMON OPEN SPACE — An open space area within or related to a site designated as a development that is available for the use of all residents or occupants thereof. 10018 2-25-97 § 100-13 ZONING § 100-13 CONDOMINIUM — A building or buildings, the dwelling units of which are individually owned, each owner receiving a deed enabling him to sell, mortgage or exchange his dwelling unit independent of the owners of the other dwelling units in the building or buildings. CONTINUING CARE FACILITY — An institution that is licensed to provide health care under medical 40 supervision to in -patients. The facility provides continuing, skilled nursing care on a long-term, extended basis. Shall be otherwise known as a "nursing home." [Added 11-12-1996 by L.L. No. 20-19961 COOPERATIVE — A type of resort or multiple residence in which persons have an ownership interest in the 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. 10018.1 2-25-97 § 100-13 SOUTHOLD .CODE § 100-13 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 Is 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) 0 10018.2 2-25-97 - § 100-13 ZONING § 100-13 FLOOR AREA, LIVABLE — All spaces within the exterior walls of a dwelling unit, exclusive of garages, breezeways, unheated porches, cellars, heater rooms and approved basements having a window area of less than ten percent (10%) of the square foot area of the room. Usable floor area shall include all spaces not otherwise excluded above, such as principal rooms, utility rooms, bathrooms, all closets and hallways opening directly into any rooms within the dwelling unit. FLOOR AREA RA TIO — The floor area in square feet of all buildings on a lot divided by the area of such lot in square feet. FRATERNAL ORGANIZATION — A nonprofit association of persons bound by a common interest or goal, be it civic, patriotic, charitable, educational or historical. [Added 11-28-1989 by L.L. No. 22-19891 FRONTAGE — The width of a lot at the street line. GARAGE, PRIVATE — A building used as an accessory to the main building for the storage of one (1) or more gasoline or other power -driven vehicles owned and used by the owner or tenant of the lot on which the garage is erected for the storage of not exceeding two (2) additional vehicles (not trucks) owned or used by the others and in which no occupation, business or service for profit is carried on without special permit. GARAGE, PUBLIC — A building, other than a private garage, used for housing or care of gasoline or other power -driven vehicles or where such vehicles are equipped for operation, repaired or kept for renumeration, hire or sale. GARAGE, REPAIR — A building, other than a private garage, used for adjustment, painting, replacement of parts or other repair or restoration of motor vehicles or parts thereof, whether or not accessory or incidental to another use. 10021 2-25-97 § 100-13 SOUTHOLD CODE § 100-13 GASOLINE SERVICE STATION— A structure and surrounding land used for the storage and sale of petroleum fuel primarily to motor vehicles and for accessory uses such as the sale of lubricants, accessories or supplies, the incidental washing of motor vehicles and the performing of minor repairs within a building; however, a service station is not a repair garage or a • body shop. GREENHOUSE — A structure for growing plants. GROUND FLOOR — The first floor of a building other than a cellar or basement. GUEST UNIT — A bedroom -sleeping accommodation for transient guests, which may or may not include bathroom facilities and shall be occupied by no more than two (2) adult persons and be at least eighty (80) square feet in area. HABITABLE FLOOR AREA — See "floor area, livable." [Added 6-19-1990 by L.L. No. 13-19901 HEALTH CARE FACILITY — A structure and premises regulated by the State of New York and used to provide an integrated range of medical and/or surgical services, primarily for in -patients, on a twenty -four-hour basis. Health services may require surgical facilities, therapeutic and diagnostic equipment rooms, counseling facilities, convalescent care equipment and trauma care services. Out-patient clinics and other forms of ambulatory health care facilities may exist as accessory and integral services to the in-patient services. Supporting or accessory uses may include a kitchen for preparation of patient meals, cafeteria or snack/coffee shop for employees and visitors, gift shop, laundry, pharmacy and staff offices (for bookkeeping, administra- tion, medical records, etc.). Shall be otherwise known as a "general or specialized hospital," a "rehabilitation center," "rest home" or "adult home." [Added 11-12-1996 by L.L. No. 20-1996] 10022 2-25-97 i' § 100-13 ZONING § 100-13 HEIGHT OF BUILDING — The vertical distance measured from the average elevation of the existing natural grade adjacent to. the building, before any alteration or fill, to the highest point of the roof for flat and mansard roofs and to the mean height between eaves and ridge for other type roofs. HISTORICAL SOCIETY — An institution devoted to the preservation of information, artifacts, structures and other evidence of a human community or enterprise that existed in the past. [Added 11-12-1996 by L.L. No. 20-1996] HISTORIC BUILDING — See "landmark designation." HOME BUSINESS OFFICE — The business office of an individual which does not qualify for home professional office yet provides a service rather than the retail sale of goods (i.e., offices providing the service of consulting, advertising, designing and/or marketing and which typically require a home personal computer, telephone and/or facsimile transmission machine). [Amended 7-28-1992 by L.L. No. 14-19921 HOME OCCUPATION [Amended 4-9-1991 by L.L. No. 10-1991; 7-28-1992 by L.L. No. 14-19921: (1) Any gainful activity customarily conducted only within a dwelling unit by the residents thereof that is clearly secondary to the residential use. (2) Activities carried on by the residents which are connected with produce of the seas, bays or harbors caught or dug by them, including storage and dockage of boats and gear, spreading and mending of nets and other gear and sale of such produce so is gathered. (3) Tradesmen, not limited to carpenters, plumbers, landscapers, painters, masons and electricians, provided that no retail sales or services are conducted on site. 10023 2-25-97 § 100-13 SOUTHOLD CODE § 100-13 HOMEOWNERS' OR HOMES ASSOCIATION — A community association, including a condominium association, which is organized in a residential development in which individual owners have a shared interest in the responsibility for open space or facilities. HOME PROFESSIONAL OFFICE — This shall be understood to include the professional office or studio of a doctor, dentist, teacher, artist, architect, engineer, musician, lawyer, magistrate or practitioners of a similar character, or rooms used for home occupations, provided that the office, studio or occupational rooms are located in a dwelling in which the practitioner resides. [Added 4-9-1991 by L.L. No. 10-1991; amended 7-28-1992 by L.L. No. 14-19921 HOTEL OR MOTEL, RESORT — A building or group of buildings, whether detached or in connected units, containing individual guest units consisting of a room arranged or designed to be available for use as sleeping quarters for transients on a daily rental basis or for vacationers or other persons on a weekly rental basis, provided that one (1) such unit may connect directly with not more than one (1) other such unit. Each unit shall have a door opening on the exterior of the building or on a common hallway leading to the exterior. A "resort motel" may include such accessory uses as a beach cabana, private dock, dining room, restaurant or swimming pool, conference and meeting facilities or an accessory convenience shop, office or personal service facility, provided that such facility or shop is located within the building without any external sign or display and off-street parking facilities. The term "resort motel" shall not be construed to include "transient motel" or "mobile home park." HOTEL OR MOTEL, TRANSIENT — A building or group of buildings, whether detached or in connected units, containing individual guest units consisting of a room arranged or designed to be available for use as sleeping and living quarters for transients on a daily 10024 2-25-97 § 100-13 ZONING § 100-13 rental basis, provided that one (1) such unit may connect directly with no more than one (1) other such unit and that no cooking facilities shall be available. Each such unit shall have a door opening on the exterior of the building or on a common hallway leading to the exterior. A "transient hotel or motel' may include such accessory uses as an office, restaurant, accessory personal services, swimming pool and off-street parking facilities. The term "transient hotel or motel" shall not be construed to include "resort motel' or "mobile home park," nor shall it be deemed to include any dwelling unit except that of the owner or manager. JUNKYARD — Land occupied or to be occupied for storage of old wood, paper, cloth or metal, including old automobiles, trucks, equipment, machinery, fixtures and appliances not usable as originally designed, and also including any portion of such old automobiles, trucks, equipment or machinery as may be sold as and for junk or salvage. The existence on any residential lot of three t' (3) or more unregistered automobiles or trucks not - housed within a building shall be deemed to be a "junkyard." Public sanitary landfills and the structures located thereon shall not be included in this definition.' LANDMARK DESIGNATION — The designation of a building or structure of architectural or historic significance to the town through listing the property in the town's Register of Designated Landmarks and filing a copy of the entry in the Town Clerk's office. LANDSCAPING — An area of land restricted to landscape items which may also include such elements as natural features, earth berms, sculpture, signs, lighting, accessways, bikeways and pedestrianways. LIFE CARE COMMUNITY— A structure or series of structures designed to provide a comprehensive cohesive living arrangement for the elderly in accordance with a ' Editor's Note: see also Ch. 54, Junkyards. 10024.1 2-25-97 § 100-13 SOUTHOLD CODE § 100-13 license pursuant to New York Public Health Law, Article 46. A life care community may include a long-term continuing care facility as an integral but accessory service for residents of the life care community. [Added 11-12-1996 by L.L. No. 20-19961 LIGHT INDUSTRY — An activity which involves the fabrication, reshaping, reworking,. assembly or combining of products from previously prepared materials and which does not involve the synthesis of chemical or chemical products other than for pharmaceutical or research purposes or the processing of any raw materials, except agricultural raw materials. "Light industry" includes industrial operations such as electronic, machine parts and small component assembly, as opposed to heavy industrial operations such as automobile assembly or milling activities. LIVING AREA — See "floor area, livable." [Added 6-19-1990 by L.L. No. 13-19901 LOADING BERTH — A space at least fifteen (15) feet wide and forty-five (45) feet long, having a minimum fourteen -foot vertical clearance for loading and unloading vehicles. No such space required by this chapter or depicted on any site plan shall constitute a parking space. . LOT — Any parcel of land, not necessarily coincident with a lot or lots shown on a map of record, which is occupied or which is to be occupied by a building and its accessory buildings, if any, or by a group of buildings accessory thereto, if any, together with the required open spaces appurtenant to such buildings or group of buildings. LOT AREA — The area of a lot taken at its perimeter, exclusive of any portion within a public or private street right-of-way. LOT, CORNER — A lot at the junction of and abutting on two (2) or more intersecting streets where the interior 10024.2 2-25-97 i § 100-13 ZONING § 100-13 angle of intersection does not exceed one hundred thirty-five degrees (135°). A lot abutting a curved street shall be deemed a "corner lot" if the tangents to the curve at the points of intersection of the side lot lines with the street lines intersect at an interior angle of less than one hundred thirty-five degrees (1350). LOT COVERAGE — That percentage of the lot area covered by the building area. LOT DEPTH — The minimum distance from the street line of the lot to the rear lot line of such lot. LOT, INTERIOR — A lot other than a corner lot or a through lot. (Cont'd on page 10025) 10024.3 2-25-97 § 100-31 ZONING § 100-31 (b) The total area occupied by all principal and accessory buildings shall not exceed twenty percent (20%) of the area of the lot. (c) Any school shall be a nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively thereunder as • such. (d) Any such school shall occupy a lot with an area of not less than five (5) acres plus one (1) acre for each twenty-five (25) pupils for which the building is designed. (4) Nursery schools. (5) [Amended 12-27-1994 by L.L. No. 30-1994; 11-12-1996 by L.L. No. 20-1996] Philanthropic, eleemosynary or religious institutions, health care, continuing care and life facilities, but excluding facilities for the treatment of all types of drug addiction, subject to the following requirements: (a) No building or part thereof or any parking or loading area shall be located within one hundred (100) feet of any street line nor within fifty (50) feet of any lot line. (b) The total area covered by principal and accessory buildings shall not exceed twenty percent (20%) of the area of the lot. (c) The maximum height shall be thirty-five (35) feet or two and one-half (21/2) stories. (d) The entire lot, except. areas occupied by buildings or parking or loading areas, shall be suitably landscaped and properly maintained. (e) Any health care, continuing care or life care facility shall meet the following standards: [1] All buildings shall be of fire -resistive construction. 10041 2-25-97 § 100-31 SOUTHOLD CODE § 100-31 [2] All such uses shall be served by adequate water and sewer systems approved by the Suffolk County Department of Health. [31 Patients suffering from communicable diseases shall not be permitted in any nursing home or sanatorium. (Communicable diseases are defined by the Sanitary Code of the Public Health Council of the State of New York.) [4] Eight thousand (8,000) square feet of lot area shall be provided for each patient bed. (6) Public utility rights-of-way as well as structures and other installations necessary to serve areas within the town, subject to such conditions as the Board of Appeals may impose in order to protect and promote the health, safety, appearance and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed. (7) Beach clubs, tennis clubs, country clubs, golf clubs, public golf courses and annual membership clubs catering exclusively to members and their guests and accessory playgrounds, beaches, swimming pools, tennis courts, recreational buildings and maintenance buildings, subject to the following requirements: (a) No building or part thereof or any parking or loading area shall be located within one hundred (100) feet of any street line or within fifty (50) feet of any lot line. (b) The total area covered by principal and accessory buildings shall not exceed twenty percent (20%) of the area of the lot. (Cont'd on page 10043) 10042 2-25-97 § 100-31 1 . ZONING § 100-31 (b) The dwelling shall have at least two (2) exits and there shall be a window large enough for emergency egress in each guest room. (c) The identification sign shall be no larger than two (2) square feet in areas zoned Residential - Office or higher, but there shall be no exterior signage identifying the use as a bed -and - breakfast in residential areas. (d) No accessory apartment, as authorized by § 100-31B(13) hereof, shall be permitted in or on premises for which a bed -and -breakfast facility is authorized or exists. (15) Historical society. [Added 11-12-1996 by L.L. No. 20-1996] C. Accessory uses, limited to the following uses and subject to the conditions listed in § 100-33 herein: (1) Any customary structures or uses which are l customarily incidental to the principal use, except those prohibited by this chapter. (2) [Amended 4-9-1991 by L.L. No. 10-1991; 7-28-1992 by L.L. No. 14-19921 Home occupation, including home professional office and home business office. In permitting these uses, the Town Board recognizes that the residents historically have operated small businesses which provide services to the community from their homes. The Board finds that these businesses have not impacted negatively on the appearance of these residential zones. In the Board's judgment, it finds that in order to maintain the economic viability of the town, to maintain the rural quality of life and in the interests of "the welfare of the residents, these businesses (or home occupations) should be permitted to continue. In setting forth the following subsections, the Board intends to permit as of right certain business uses in residential zones with the understanding that these 10047 2-25-97 § 100-31 SOUTHOLD CODE § 100-31 uses are to be conducted in a manner that will not alter the character of the residential neighborhoods. The Board believes that the following subsections provide sufficient safeguards to accomplish that aim. These uses shall be permitted, provided that: (a) No display of products shall be visible from the street, and no stock -in -trade shall be kept on the premises. (b) Such occupation is incidental to the residential use of the premises and is carried on in the main building by the residents therein with not more than one (1) nonresident assistant for whom off-street parking must be provided on site. (c) Such occupation is carried on in an area not to exceed twenty-five percent (25%) of the area of all floors of the main building, and in no event shall such use occupy more than five hundred (500) square feet of floor area. (d) There shall be no exterior effect at the property line, such as noise, traffic, odor, dust, smoke, gas, fumes or radiation. (e) Studios where dancing or music instruction is offered to groups in excess of five (5) pupils at one (1) time or where concerts or recitals are held are prohibited. (f) In no manner shall the appearance of the building be altered, nor shall the occupation be conducted in a manner that would cause the premises to lose its residential character, including but not limited to the use of colors, materials, construction or lighting. (g) Notwithstanding anything set forth elsewhere in this Article, home occupations, home business offices and home professional offices shall in no event be deemed to include animal 10048 2-25-97 - § 100-31 ZONING § 100-31 hospitals, kennels, barbershops, beauty parlors, clinics or hospitals, mortuaries, nursery schools, clubs, auto repair shops, restaurants, tourist homes, rooming houses or boardinghouses and uses similar to those listed above. (h)2 Home occupations, home business office and home professional offices shall not include manufacturing, fabrication or construction of any type on the site. (i) The outdoor storage of equipment necessary for residents connected with aquaculture shall be screened from view and shall conform to the setbacks for accessory structures. (3) Boat docking facilities for the docking, mooring or accommodation of noncommercial boats, subject to the following requirements: (a) There shall be docking or mooring facilities for no more than two (2) boats other than those owned and used by the owner of the premises for his personal use. (b) The Town Trustees shall approve new boat docking facilities. (c) Boats at such docking facilities shall not be used for overnight sleeping purposes. (4) Garden house, toolhouse, storage building, playhouse, wading pool, swimming pool or tennis court incidental to the residential use of the premises and not operated for gain, subject to the following requirements: (a) Any swimming pool shall be completely enclosed with a permanent chain link (or 2 Editor's Note: Former Subsection C(2)(h), which regulated signs, was repealed 11-29-1994 by L.L. No. 25-1994. Said L.L. No. 26.1994 also redesignated former Subsections C(2)(i) and (j) as Subsections C(2)(h) and (i), respectively. For current sign provisions, see Art. X%, Signs. 10049 2-25-97 § 100-31 SOUTHOLD CODE § 100-31 similar type) fence of not more than two-inch mesh, not less than four (4) feet in height, erected, maintained and provided with a self- closing, self -latching gate to prevent unauthorized use of the pool and to prevent accidents. However, if said pool is located more than four (4) feet above the ground, then a fence is not required, provided that all points of access to said pool are adequately protected by a self-closing, self -latching gate. Any swimming pool in existence at the effective date of the provisions of this subsection shall, within one (1) year from such date, comply with all of the provisions hereof. (b) Individual outdoor tennis court related to residential use on a lot containing a single- family detached dwelling, provided that the same is set back not less than six (6) feet from all lot lines and that there is no lighting for after dark use. (5) Private garages; provided, however, that not more than two (2) passenger automobile spaces in such garages may be leased to persons not resident on the premises. (6) Off-street parking spaces accessory to uses on the premises. Not more than four (4) off-street parking spaces shall be permitted within the minimum front yard. (7) The storage of either a boat or travel trailer owned and used by the owner or occupant of the premises on which such boat or travel trailer is stored, for his personal use, subject to § 100-191Q, Supplemental parking regulations,3 and the following requirements: 3 Editor's Note: see now § 100.191P. 10050 2-25-97 § 100-31 ZONING § 100-31 (a) Such boat or trailer shall not exceed thirty (30) feet in length. (b) Such boat or trailer shall be stored only in the required rear yard, and the area occupied thereby, together with the area of all buildings in the rear yard, shall not exceed forty percent (40%) of the area of the required rear yard. (c) Such boat or trailer shall not be located within fifteen (15) feet of any street or lot line. (8) Horses and domestic animals other than household pets, provided that such animals shall not be housed within forty (40) feet of any lot line. Housing for flocks of more than twenty-five (25) fowl shall not be constructed within fifty (50) feet of any line. (9)4 Yard sales, attic sales, garage sales, auction sales or similar types of sales of personal property owned by the occupant of the premises and located thereon, subject to the following requirements: (a) Not more than one (1) such sale shall be conducted on any lot in any one (1) calendar year. (b) Adequate supervised parkin_ g facilities shall be provided. (c) No signs, except one (1) on -premises sign not larger than six (6) square feet in size displayed for a period of not longer than one (1) week immediately prior to the day of such sale, shall be permitted. (d) A permit shall be obtained therefor from the Town Clerk upon the payment of a fee of fifteen dollars ($15.). [Amended 8-24-1993 by L.L. No. 18-1993] 4 Editor's Note: Former Subsection C(9), as amended, which regulated signs, was repealed 11-29-1994 by L.L. No. 25-1994, which local law also renumbered former Subsection C(10) as C(9). For current sign provisions, see Art. x8, Signs. 10051 2-25-97 § 100-31 SOUTHOLD CODE § 100-33 (e) The display permit issued by the Town Clerk shall be posted on the premises so it can be read from the street and removed before sundown on the day of the sale. [Added 8-24-1993 by L.L. No. 18-19931 (10) Wineries may have an accessory gift shop on the premises which may sell items accessory to wine, such as corkscrews, wine glasses, decanters, items for the storage and display of wine, books on winemaking and the region and nonspecific items bearing the insignia of the winery. Wineries may not have a commercial kitchen as an accessory use but may have a noncommercial kitchen facility for private use by the employees. [Added 11-29-1994 by L.L. No. 26-1994] (11) Child care. [Added 11-12-1996 by L.L. No. 20-1996] § 100-32. Bulk, area and parking regulations. [Added 9-3-1996 by L.L. No. 16-1996] No building or premises shall be used and no building or part thereof shall be erected or altered in the A -C, R-80, R-120, R-200 and R-400 Districts unless the same conforms to the Bulk Schedule and -Parking Schedule' incorporated into this chapter with the same force and effect as if such regulations were set forth herein full. § 100-33. Accessory buildings. [Amended 4-10-1990 by L.L. No. 6-19901 In the Agricultural -Conservation District and Low -Density Residential R-80, R-120, R-200 and R-400 Districts, accessory B Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking Schedule is in § 100-181A. 10052 2-25-97 to § 100-33 ZONING § 100-33 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. 2-19911 (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. C.s 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. 33-19921 6 Editor's Note: Former Subsection C, regarding percentage of occupancy of required yard, was repealed 7-17.1990 by L.L. No. 14.1990. 10053 2-25-97 § 100-30A.1 SOUTHOLD CODE § 100-30A.2 ARTICLE IIIA Low -Density Residential R-40 District [Added 1-10-1989 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 neighborhood 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, except that wineries are excluded. [Amended 11-29-1994 by L.L. No. 26-1994] 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. 10054 2-25-97 0 § 100-30A.2 ZONING § 100-40 C. Accessory uses, limited to the following: (1) Same as § 100-31C of the Agricultural -Conservation District. § 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 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. Accessory buildings shall be subject to the same requirements as § 100-33 of the Agricultural -Conservation District. ARTICLE IV Hamlet Density (HD) Residential District [Added 1-10-1989 by L.L. No. 1-19898] § 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. 7 Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking Schedule is in § 100-181A. 8 Editor's Note: This local law also repealed former Art. IV, M Light Multiple. Residence District, as amended. 10054.1 2-25-97 § 100-41 SOUTHOLD CODE § 100-42 § 100-41. Applicability. The Hamlet Density (HD) Residential District may be designated on the Zoning Map by the Town Board upon its own motion or by petition on parcels within one-half (1/2) mile of a Hamlet Business (HB) District of Mattituck, Cutchogue and Southold Hamlet and within one-fourth (1/4) mile of the Hamlet Business (HB) District of Orient and within one-half (1/2) mile of the boundary of the Village of Greenport. § 100-42. Use regulations. In the HD District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: A. Permitted uses. (1) One -family detached dwelling. (2) Two-family dwelling. (3) Continuing care facility and life care community. [Added 11-12-1996 by L.L. No. 20-19961 B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, and subject to site plan approval by the Planning Board: (1) Multiple dwellings, townhouses, row or attached houses. (2) Accessory apartments in single-family residences as set forth in and regulated by § 100-31B(13) of the Agricultural -Conservation District. 10054.2 2-25-97 § 100-42 ZONING § 100-43 (3) Bed -and -breakfast uses as set forth in and regulated by § 100-31B(14), without site plan approval.' (4) Health care facilities. [Added 11-12-1996 by L.L. No. 20-19961 C. Accessory uses, limited to the following: (1) Accessory uses as set forth in and regulated by § 100-31C(1) through (7), (9) and (11) of the Agricultural -Conservation District, and subject to conditions set forth in § 100-33 thereof. [Amended 11-29-1994 by L.L. No. 25-1994; 11-12-1996 by L.L. No. 20-19961 (2)10Accessory buildings, structures and other required facilities and equipment necessary to provide community sewers, water, heat, utilities and other community services to all buildings and. structures on the premises; provided, however, that the plans for and the location of the same shall be approved by the Planning Board. § 100-43. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the Hamlet Density (HD) Residential District unless the same conforms to the Bulk Schedule and Parking Schedule incorporated into this chapter, with the same force and effect as if such regulations were set forth herein in full." 9 Editor's Note: Former Subsection B(4), wineries, added 8.1-1989 by L.L. No. 15.1989, was repealed 11-29.1994 by L.L. No. 26-1994. 10 Editor's Note: Former Subsection C(2), which regulated freestanding and ground signs, was repealed 11.29-1994 by L.L. No. 25-1994, which local law also renumbered former Subsection CM as Subsection C(2). For current sign provisions, see Art. %S, Signs. 11 Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking Schedule is in § 100-191A. 10054.3 2-25-97 § 100-50 SOUTHOLD CODE § 100-50 ARTICLE V Affordable Housing (AHD) District [Added 7-1-1986 by L.L. No. 6-1986; amended 11-16-1986 by L.L. No. 14-1986; 1-10-1989 by L.L. No. 1-198912] § 100-50. Purpose. The purpose of the Affordable Housing (AHD) District is to provide the opportunity within certain areas of the town for the development of high-density housing for families of moderate income. (Cont'd on page 10055) 12 Editor's Note: This local law also repealed former Art. V, M-1 General Multiple - Residence District, as amended. 10054.4 2-25-97 • 0 SOUTHOLD SUPPLEMENTAL INDEX — A — ABANDONMENT Signs, 100-207 ACCESSORY BUILDINGS Fees, 45-8 Uniform Fire Prevention and Building Code, 45-8 ADMINISTRATOR Coastal erosion hazard area, 37-42 Defined, 37-6 Powers and duties, 37-42 ADOPTION OF LOCAL LAWS Rezonings, 14-6 AFFORDABLE HOUSING (AHD) DISTRICT Penalties for offenses, 100-59 Zoning, 100-50 –100-59 AGRICULTURAL - CONSERVATION (A -C) DISTRICT Area, yard and bulk regulations, 100-32 Parking, 100-32 AGRICULTURAL LAND PRESERVATION Land Preservation Committee, 25-50 ALARM SYSTEMS Bed -and -breakfast, 100-31 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 APPEAR Defined, 10-2 APPEAR BEFORE Defined, 10-2 APPOINTMENTS Architectural Review Committee, 100-258 Ethics Board, 10-19 Land Preservation Committee, 25-50, 59-50 ARCHITECTURAL REVIEW Architectural Review Committee, 100-258 Site plan approval, 100-257, 100-258 ARCHITECTURAL REVIEW COMMITTEE Appointments, 100-258 Architectural review, 100-258 Membership, 100-258 Qualifications, 100-258 Residency requirements, 100-258 Salaries and compensation, 100-258 Terms of office, 100-258 ARCHIVES Defined, 72-3 AREA, YARD AND BULK REGULATIONS Agricultural -Conservation (A -C) District, 100-32 General Business (B) District, 100-103 Light Industrial (LI) District, 100-143 Light Industrial Park/Planned Office Park (LIO) District, 100-133 Limited Business (LB) District, 100-83 —B— BAZAARS, see PUBLIC ENTERTAINMENT AND SPECIAL EVENTS BEACH Defined, 37-6 SI -1 2-25-97 SOUTHOLD SUPPLEMENTAL INDEX BED -AND -BREAKFAST Alarm systems, 100-31 Fees, 100-281 Signs, 100-31 Zoning, 100-31, 100-281 BERMS Height regulations, 100-231 BLUFF Defined, 37-6 BOARD OF APPEALS Notice of public hearing, 100-275 -BOATS, DOCKS AND WHARVES Bathing and swimming, 32-38.1 Mooring, 32-39.3, 32-39.4 Notices, 32-39.4 Permits, 32-39.3, 32-39.4 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 BUILDINGS, DEMOLITION OF Fees, 45-8 Uniform Fire Prevention and Building Code, 45-8 BULKHEAD Defined, 100-13 BURNING, OUTDOOR Exclusions, 36-4 Penalties for offenses, 36-5 Supervision of fires, 36-3 BUSINESS Defined, 10-2 _C_ CANS Defined, 48-1 CANVASSERS Defined, 69-1 See also PEDDLERS, SOLICITORS AND TRANSIENT RETAIL MERCHANTS CERTIFICATE 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 CHILD-CARE Defined, 100-13 CIRCUSES, see PUBLIC ENTERTAINMENT AND SPECIAL EVENTS CLIENT Defined, 10-2 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 SI -2 2 -25 - 97 LJ • SOUTHOLD SUPPLEMENTAL INDEX 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 AREA MAP 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 COMMON OWNERSHIP Defined, 100-25 COMMUNICABLE DISEASE Defined, A107-43.1 COMMUNICABLE/INFECTIOUS 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 CONFLICT OF INTEREST Ethics, Code of, 10-4, 10-7 CONTINUING.COARE FACILITY Defined, 100-13 CURBS Highway specifications, A108-42 CUSTOMER Defined, 10-2 — D — 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 Appear, 10-2 Appear before, 10-2 Archives, 72-3 Beach, 37-6 Bluff, 37-6 Body fluids, A107-43.1 Bowriding, 32-31 Breezeway, 100-13 Bulkhead, 100-13 Business, 10-2 Cans, 48-1 Canvassers, 69-1 Certificate of compliance, 100-13 Certificate of determination, 100-13 Channel system, 32-31 Child-care, 100-13 Client, 10-2 Coastal Erosion Hazard Area Map, 37-6 Coastal waters, 37-6 Coastline, 37-6 Common ownership, 100-25 SI -3 2-25-97 SOUTHOLD SUPPLEMENTAL INDEX Communicable disease, A107-43.1 Complainant, A107-35.1 Continuing coare facility, 100-13' Customer, 10-2 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 Financial benefit, 10-2 Flood Boundary and Floodway Map, 46-4 Flood elevation study, 46-4 Floodplain, 46-4 Flood -prone area, 46-4 Fraternal organization, 100-13 Gift, 10-2 Glass, 48-1 Grading, 37-6 Habitable floor area, 100-13 Health care facilities, 100-13 Historical society, 100-13 Historic District, 56-3 Historic structure, 46-4 Home business office, 100-13 Home professional office, 100-13 Illegal dumping, 48-2 Life care community, 100-13 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 Off -premises sign, 100-13 Order of protection, A107-35.1 Outside employer, 10-2 Patio, 100-13 Peddler, 69-1 Person, 10-2, 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 in 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 Relative, 10-2 Restaurant, formula food, 100-13 Restaurant, take-out, 100-13 Restoration, 37-6 Retaining wall, 100-13 Salvage center, 74-1 Scalp net, 77-201 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 SI -4 2-25-97 0 �1 SOUTHOLD SUPPLEMENTAL INDEX Style of architecture, 56-3 Subordinate of a town officer or employee, 10-2 Substantial damage, 46-4 Toe, 37-6 Town garbage bag, 48-2 Town officer or employee, 10-2 Transient retail business, 69-1 Unregulated activity, 37-6 Utilities, 100-51 Vegetation, 37-6 DISCLOSURE OF INTEREST Ethics, Code of, 10-11, 10-16 – 10-18 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 ETHICS BOARD Appointments, 10-19 Establishment, 10-19 Ethics, Code of, 10.-19 – 10-23 Inspections, 10-23 Investigations, 10-21 Membership, 10-19 Powers and duties, 10-20 Qualifications, 10-19 Records, 10-23 Removal, 10-19 Review of lists and disclosure statements, 10-22 Terms of office, 10-19 ETHICS, CODE OF Appearances, 10-10 Confidential information, 10-11 Conflict of interest, 10-4, 10-7 Debarment, 10-26 Definitions, 10-2 Disclosure of interest, 10-11, 10-16 –10-18 Ethics Board, 10-19 –10-23 Exclusion from Code of Ethics, 10-15 General prohibition, 10-5 Gifts, 10-8 Goal, 10-3 Inducement of others and bribery, 10-14 Legislative intent, 10-1 Officers and employees, 10-1- 10-26 Penalties for offenses, 10-24 Political solicitation, 10-12 Recusal, 10-6, 10-7 Representation, 10-9 Revolving door, 10-13 Voidable contracts, 10-25 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 SI -5 2-25-97 SOUTHOLD SUPPLEMENTAL INDEX —F— FAIRS, see PUBLIC ENTERTAINMENT AND SPECIAL EVENTS FALSE ALARMS Alarm systems, 24-5, 24-6 FAMILY/HOUSEHOLD Defined, A107-35.1 FAMILY OFFENSE Defined, A107-35.1 FARM BUIDINGS Fees, 45-8 Uniform Fire Prevention and Building Code, 45-8 FEDERAL EMERGENCY MANAGEMENT AGENCY Defined, 46-4 FEES Accessory buildings, 45-8 Alarm systems, 24-6 Bed -and -breakfast, 100-281 Buildings, demolition of, 45-8 Coastal erosion hazard area, 37-32, 37-40 Farm buidings, 45-8 Flood damage prevention, 46-12 Garbage, rubbish and refuse, 48-2 Hotels and motels, 45-8 Peddlers, solicitors and transient retail merchants, 69-4, 69-9 Public entertainment, 100-274 Public entertainment and special events, 71-1 Salvaging centers, 74-3 Signs, 45-8 Single-family dwellings, 45-8 Site plan approval, 100-256 Special events, 100-274 Swimming pools, 45-8 Uniform Fire Prevention and Building Code, 45-8 FENCES Highway specifications, A108-42 FINANCIAL BENEFIT Defined, 10-2 FISHERS ISLAND Parking at beaches, 65-3.1 Permits, 65-3.1 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 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 SI -6 2-25-97 to • is SOUTHOLD SUPPLEMENTAL INDEX — G — GARBAGE, RUBBISH AND REFUSE Fees, 48-2 Nonrecyclable waste, 48-2, 48-3 Town garbage bag, 48-2 GENERAL BUSINESS (B) DISTRICT Area, yard and bulk regulations, 100-103 Setbacks, 100-103 Zoning, 100-100 –100-103 GIFT Defined, 10-2 GLASS Defined, 48-1 GRADING Defined, 37-6 GUARANTIES Site plan approval, 100-254 — H — HABITABLE FLOOR AREA Defined, 100-13 HEALTH CARE FACILITIES Defined, 100-13 Zoning, 100-31 HEARINGS Peddlers, solicitors and transient retail merchants, 69-11 Site plan approval, 100-254 Zoning, 100-26 See also NOTICE OF PUBLIC HEARING 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 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 SI -7 2-25-97 SOUTHOLD SUPPLEMENTAL INDEX Street trees, A108-45 Stripping and stockpiling soil, A108-17 Topsoil, A108-43 Trees, A108-43 HISTORICAL SOCIETY Defined, 100-13 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 HOTELS AND MOTELS Fees, 45-8 Uniform Fire Prevention and Building Code, 45-8 —I— ILLEGAL DUMPING Defined, 48-2 INSPECTIONS Ethics Board, 10-23 Highway specifications, A108-49 INVESTIGATIONS Ethics Board, 10-21 Peddlers, solicitors and transient retail merchants, 69-7 —L— LAND CLEARING Site plan approval, 100-259 LAND PRESERVATION COMMITTEE 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 Shellfish, 77-202 LIFE CARE COMMUNITY Defined, 100-13 Zoning, 100-31 LIGHT INDUSTRIAL (LI) DISTRICT Area, yard and bulk regulations, 100-143 Setbacks, 100-143 Zoning, 100-140 –100-143 LIGHT INDUSTRIAL PARKIPLANNED OFFICE PARK (LIO) DISTRICT Area, yard and bulk regulations, 100-133 Setbacks, 100-133 Zoning, 100-130 – 100-133 LIGHTING Parks and recreation areas, 100-239.5 Signs, 100-206 Site plan approval, 100-252 Zoning, 100-239-5 LIMITED BUSINESS (LB) DISTRICT Area, yard and bulk regulations, 100-83 Setbacks, 100-83 Zoning, 100-80 – 100-83 LIVING AREA Defined, 100-13 LOCAL ADMINISTRATOR Defined, 46-4 SI -8 2-25-97 s • SOUTHOLD SUPPLEMENTAL INDEX LOTS Zoning, 100-24,100-25 —M— MAJOR ADDITION Defined, 37-6 MANUFACTURED HOMES Flood damage prevention, 46-15, 46-21 MEAN LOW WATER Defined, 37-6 MEMBERSHIP Architectural Review Committee, 100-258 Ethics Board, 10-19 Land Preservation Committee, 25-50, 59-50 MERCHANTS, see PEDDLERS, SOLICITORS AND TRANSIENT RETAIL MERCHANTS MOORING Boats, 32-39.3 Boats, docks and wharves, 32-39.4 MOVEABLE STRUCTURE Defined, 37-6 —N— NATURAL PROTECTIVE FEATURE Defined, 37-6 NATURAL PROTECTIVE FEATURE AREA Defined, 37-6 NEARSHORE AREA Defined, 37-6 NEW MANUFACTURED HOME PARK OR SUBDIVISION 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 NORWJAI. MAINTENANCE Defined, 37-6 NOTICE OF PUBLIC HEARING Board of Appeals, 100-275 Providing notice of public hearings, 58-1 Site plan approval, 100-254 Subdivision of land, A106-23, A106-24 Zoning, 100-292 NOTICES Boats, docks and wharves, 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 SRE OBSTRUCTIONS Peddlers, solicitors and transient retail merchants, 69-10 Sidewalks, 80-2 OFFICERS AND EMPLOYEES Ethics, Code of, 10-1-10-26 OFF -PREMISES SIGN Defined, 100-13 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 OUTSIDE EMPLOYER Defined, 10-2 SI -9 2-25-97 SOUTHOLD SUPPLEMENTAL INDEX _P_ PARKING Agricultural -Conservation (A -C) District, 100-32 Salvaging centers, .74-4 Vehicles and traffic, 92-47 PARKING AT BEACHES Fishers Island, 65-3.1 PARKS AND RECREATION AREAS Lighting, 100-239.5 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 Burning, outdoor, 36-5 Coastal erosion hazard area, 37-47 Ethics, Code of, 10-24 Flood damage prevention, 46-9 Peddlers, solicitors and transient retail'merchants, 69-13 Salvaging centers, 74-6 Site plan approval, 100-259 PERMITS Alarm systems, 24-3, 24-4 Boats, docks and wharves, 32-39.3, 32-39.4 Coastal erosion hazard area, 37-11, 37-12, 37-40 Fishers Island, 65-3.1 Flood damage prevention, 46-12, 46-13 Public entertainment and special events, 71-1 Salvaging centers, 74-2, 74-31 74-5 Signs, 100-209 PERSON Defined, 10-2, 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 Ethics Board, 10-20 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 of protection, A107-35.1 SI -10 2-25-87 • SOUTHOLD SUPPLEMENTAL INDEX 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 PUBLIC ENTERTAINMENT AND SPECIAL EVENTS Bazaars, 71-1 Certain entertainment restricted, 71-1 Circuses, 71-1 Fairs, 71-1 Fees, 71-1, 100-274 Outdoor shows, 71-1 Permits, 71-1 Wineries outdoor events, 71-1 _Q_ QUALIFICATIONS Architectural Review Committee, 100-258 Ethics Board, 10-19 — 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 Ethics Board, 10-23 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 MANAGEMENT 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 RELATIVE Defined, 10-2 RESIDENCY REQUIREMENTS Architectural Review Committee, 100-258 RESTAURANT, FORMULA FOOD Defined, 100-13 RESTAURANT, TAKE-OUT Defined, 100-13 Defined, 37-6 RETAINING WALL Defined, 100-13 SI -11 2-25-97 SOUTHOLD SUPPLEMENTAL INDEX —S— SALARIES AND COMPENSATION Architectural Review Committee, 100-258 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 SCALP NET Defined, 77-201 SCREENING Highway specifications, A108-43 Site plan approval, 100-252 SECONDARY DUNE Defined, 37-6 SERVICING Defined, 72-3 SETBACKS General Business (B) District, 100-103 Home professional office, 100-31 Light Industrial (LI) District, 100-143 Light Industrial Park/Planned Office Park (LIO) District, 100-133 Limited Business (LB) District, 100-83 SHELLFISH Eels, 77-208.1 Licenses, 77-202 Vegetation removal prohibited, 77-211.2 SHOPPING CENTERS Defined, 100-13 SIDEWALKS Highway specifications, A108-40 Intent, 80-1 Obstructions, 80-2 Snow and ice removal, 80-2 SIGNIFICANT FISH AND WILDLIFE HABITAT Defined, 37-6 SIGNS Bed -and -breakfast, 100-31 Fees, 45-8 Highway specifications, A108-12 Home professional office, 100-31 Lighting, 100-206 Nonconforming signs, 100-209 Peddlers, solicitors and transient retail merchants, 69-12 Permits, 100-209 Specific sign requirements, 100-205.1 Specific signs, 100-205 Transition, 100-208 Uniform Fire Prevention and Building Code, 45-8 Unsafe, abandoned and unlawful signs, 100-207 SINGLE-FAMILY DWELLINGS Fees, 45-8 Uniform Fire Prevention and Building Code, 45-8 SITE PLAN APPROVAL Applicability, 100-250 Application requirements, 100-256 Approval of plan required, 100-253 Architectural review, 100-257, 100-258 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 Land clearing, 100-259 Landscaping, 100-252 Lighting, 100-252 Notice of public hearing, 100-254 Notices, 100-254 Objectives, 100-252 SI -12 2-25-87 r� L_� • SOUTHOLD SUPPLEMENTAL INDEX Off-street parking and loading, 100-252 Penalties for offenses, 100-259 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 SPECIAL EVENTS Fees, 100-274 See also PUBLIC ENTERTAINMENT AND SPECIAL EVENTS SPECIALTY PROP -CRAFT Defined, 32-31 STOP -WORK ORDERS Flood damage prevention, 46-14 STORAGE Home professional office, 100-31 Long-term outdoor display or storage, 100-239.7 Zoning, 100-239.6, 100-239.7 STREETLIGHTING Highway specifications, A108-47 STRUCTURAL HAZARD AREA Defined, 37-6 STRUCTURE Defined, 37-6 STYLE OF ARCHITECTURE Defined, 56-3 SUBDIVISION OF LAND Flood damage prevention, 46-15 Notice of public hearing, A106-23, A106-24 SUBORDINATE OF A TOWN OFFICER OR EMPLOYEE Defined, 10-2 SUBSTANTIAL DAMAGE Defined, 46-4 SWIMMING POOLS Fees, 45-8 Uniform Fire Prevention and Building Code, 45-8 —T— TAXATION Veterans' exemption, 85-7, 85-8 TERMS OF OFFICE Architectural Review Committee, 100-258 Ethics Board, 10-19 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 TOWN OFFICER OR EMPLOYEE Defined, 10-2 TRANSIENT MERCHANTS, see PEDDLERS, SOLICITORS AND TRANSIENT RETAIL MERCHANTS TRANSIENT RETAIL BUSINESS Defined, 69-1 TREES Highway specifications, A108-43, A108-45 _U_ UNIFORM FIRE PREVENTION AND BUILDING CODE Accessory buildings, 45-8 Buildings, demolition of, 45-8 Farm buidings, 45-8 Fees, 45-8 Hotels and motels, 45-8 Signs, 45-8 Single-family dwellings, 45-8 SI -13 2-25-97 SOUTHOLD SUPPLEMENTAL INDEX Swimming pools, 45-8 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 VEHICLES AND TRAFFIC Fire wells, 92-47 Parking, 92-47 VETERANS' EXEMPTION Amount of exemption, 85-8 Taxation, 85-7,85-8 —Z— ZONING Adoption of Local Laws, 14-6 Affordable Housing (AHD) District, 100-50 –100-59 Bed -and -breakfast, 100-31, 100-281 Definitions, 100-25 Exceptions, 100-25 General Business (B) District, 100-100 –100-103 Health care facilities, 100-31 Hearings, 100-26 Home professional office, 100-31 Life care community, 100-31 Light Industrial (LI) District, 100-140 –100-143 Light Industrial Park/Planned Office Park (LIO) District, 100-130 –100-133 Lighting, 100-239-5 Limited Business (LB) District, 100-80 –100-83 Lots, 100-24, 100-25 Merger, 100-25 Merger, waiver of, 100-26 Notice of public hearing, 100-292 Outdoor storage, 100-239.6, 100-239.7 Site plan approval, 100-250 – 100-256 ZONING BOARD OF APPEALS Flood damage prevention, 46-22 SI -14 2-25-97 0