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HomeMy WebLinkAbout1989 Code Supplement - 05/25/1989ap GENERAL CODE PUBLISHERS CORP. INSTRUCTIONS Town of Southold Code Supplement No. 47 The enclosed new and/or replacement pages should be placed in your Code volume immediately! The dateline, on the lower right corner, does not indicate the adoption date of the Code changes, but rather identifies the pages printed with this supplement. The adoption date of the most recent legislation included in this supplement is 3-14- 89 (L.L. No. 3-1989.) The page numbers should always correspond with this list. REMOVE INSERT 3208.1 - 3208.2 3208.1 - 3208.2 4807- 4808 4807- 4808 10007 -10008 10007 -10008 10033 -10034 10033 -10034 Do not remove pages 10035 - 10036 10037- 10038 10037 -10038 10045 -10046 10045- 10046 10103- 10104 10129- 10130 10141 -10142 10167- 10168 10173- 10174 10046.1 10103- 10104 10104.1 10129 -10130 10141 -10142 10142.1 10167 -10168 10168.1 10173 -10174 Legislation. by number or date of adoption, included in this supplement: L.L. Nos. 2-1989; 3-1989. 5-25-89 § 32-37 BOATS, DOCKS AN[) WHARVES § 32-39.1 § 32-37. Internal-combustion engines; mufflers. A. No boat propelled by 'an internal-combustion engine shall be operated on any inland fresh waters in the Town of Southold except in emergency or rescue operations or by peace officers in the performance of their duties. [Added 8- 10-711 • B. No person shall operate a boat propelled wholly or partly by an engine operated by the explosion of gas, gasoline, naphtha or other substance without having the exhaust from the engine run through a muffling device so con- structed and used as to muffle the noise of the exhaust in a reasonable manner. § 32-38. Aquatic events. Nothing herein contained shall prohibit the Town Board of the Town of Southold from issuing special permits for aquatic events, boat races or other such events under proper supervision in limited areas for limited periods. § 32-39. Mooring and anchoring. [Added 5-10-83 -by L.L. No. 5- 19831 No boat shall be so moored or anchored that it at any time rests within any channel or interferes with the full use of such channel, nor shall any boat be moored or anchored within fifty (50) feet of any dock, pier or other boat docking facilities. § 32-39.1. Anchoring in Mattituck Creek. [Added 5-10-83 by L.L. • No. 5-1983] All boats owned by nonresidents of the Town of Southold temporarily anchoring in Mattituck Creek shall anchor only in 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. 3208.1 5-25-89 § 32-39.2 SOUTHOLD CODE § 32-39.2 § 32-39.2. Anchoring and mooring in West Harbor. [Added 5-10- 83 by L.L. No. 5-1983; 3-27-84 by L.L. No. 3-18842] A. [Amended 5-19-87 by L.L. No. 5-1987] All boats temporar- ily anchored in West Harbor at Fishers Island shall anchor in an area assigned by the Harbor Master or Bay Constable. (1) Anchoring shall not be permitted for a continuous period of more than three (3) days unless authorized by the • Harbor Master or Bay Constable, which authorization may only be granted for emergency situations. B. Permanent moorings in West Harbor at Fishers Island. (1) All permanent moorings shall be located south of Buoy No. 8. (Cont'd on page 3209) 2 Editor's Note: This local law also provided for the renumbering of former §§ 32. 39A and 32.39B as §§ 32.39.1 and 32.39.2. 3208.2 5-25-89 - § 48-6 GARBAGE, RUBBISH AND REFUSE § 48-7 § 48-6. Penalties for offenses. [Amended 7-31-73 by L.L. No. 1- 19731 A. 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 one thousand dollars ($1,000.) 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. [Amended 2-7-89 by L.L. No. 2-19891 B. Any person committing an offense against this chapter shall be subject to a civil penalty enforceable and collec- tible by the town in the amount of one hundred dollars ($100.) for each offense. Such penalty shall be collectible by and in the name of the town for each day that such offense shall continue. C. In addition to- the above -provided penalties, 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 violation of this chapter.. § 48-7. Revocation of permit and/or license. [Added 5-3-88 by L.L. No. 12-19881 A. Permits and/or licenses issued under the provisions of this chapter may be revoked by the Town Board of the Town of Southold after notice and hearing for violation of the provisions of this chapter. B. Notice of the hearing for revocation of a permit and/or license 40 shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the permittee and/ or licensee at his last known address at least five (5) days prior to the date set for the hearing. Said hearing shall be conducted in a manner wherein the accused permittee and/or licensee is afforded full due process of the law. 4807 5-25-89 § 48-7 SOUTHOLD CODE § 48-7 C. At the conclusion of said hearing and as a result of the evidence adduced therein, the Town Board may, in its discretion, revoke the said permit and/or license or, in lieu thereof, suspend the subject permit and/or license for a specified period of time, censure the permittee and/or licensee or impose a fine, not to exceed two thousand dollars ($2,000.). • • 4808 5-25-89 r ZONING § 100-232. Corner lots. § 100-233. Building length and separation for buildings con- taining multiple dwellings. § 100-234. Courts. § 100-235. Access requirements. • § 100-236. Open storage. § 100-237. Prohibited uses in all districts. § 100-238. Provisions for community water, sewer and utility facilities. § 100-239. Land under water; filled land. § 100-239.1. Excavations. § 100-239.2. Tourist camps, camp cottages and trailers. § 100-239.3. Berms. § 100-239.4. Building setback requirements adjacent to water bodies and wetlands. ARTICLE XXIV Nonconforming Uses and Buildings § 100-240. Purpose. § 100-241. Nonconforming uses. § 100-242. Nonconforming buildings with conforming uses. § 100-243. Nonconforming buildings with nonconforming uses. • § 100-244. Nonconforming lots. § 100-245. o Repairs and maintenance. § 100-246. Involuntary moves. 10007 5-25-89 SOUTHOLD CODE ARTICLE XXV Site Plan Approval § 100-250. Purpose. § 100-251. General requirements. § 100-252. Objectives. § 100-253. Effect of approval. § 100-254. Procedures. § 100-255. Site plan elements. ARTICLE XXVI Special Exception Uses § 100-260. Purpose. § 100-261. Special exception uses; approval required. § 100-262. Application; hearing, approval; violations of condi- tions. § 100-263. General standards. § 100-264. Matters to be considered. § 100-265. Additional conditions and safeguards. 10008 5-25-89 • r ARTICLE XXVII Board of Appeals § 100-270. Appointment; membership. § 100-271. Powers and duties. § 100-272. Additional conditions and safeguards. § 100-273. Rules of conduct and procedure. § 100-274. Fees. § 100-275. Notice of hearing. 10008 5-25-89 • { _ § 100-13 ZONING §. 100-13 the building or buildings on the said lot for purposes of active or passive outdoor recreation. USE — The purpose for which land or a structure is ar- ranged, designed or intended or for which either land or a structure is or may be used, occupied or maintained. USE, ACCESSORY — A use customarily incidental and sub- ordinate to the main use on a lot, whether such "accessory use" is conducted in a principal or accessory building. YARD — An open space, other than a court, on the same lot with a building which is, exclusive of trees, shrubs and natural rock formations, unoccupied and unobstructed from the ground upward. YARD, FRONT — An unoccupied ground area open to the sky between the street line, or between the street line established by the Official Map of the town or an approved subdivision plat, and a line drawn parallel thereto. YARD LINE — A line drawn parallel to a street or lot line at a distance therefrom equal to the respective yard dimension required by this chapter. YARD, REAR — An unoccupied ground area fully open to the sky between the rear lot line and a line drawn parallel thereto. YARD, SIDE — An unoccupied ground area fully open to the sky between any property line other than a street or rear lot line and a line drawn .parallel thereto between the front and rear yards. ZONE - A finite area of land, as designated by its boundaries on the Zoning Map, throughout which specific and uniform • regulations govern the use of land and/or the location, size and use of buildings. ZONING BOARD — See "Board of Appeals." ZONING MAP — The map annexed to and made part of this chapter indicating zone boundaries. 10033 5-25-89 § 100-20 SOUTHOLD CODE § 100-21 _ ARTICLE II Districts § 100-20. District designations. [Amended 7-31-73; 7-1-86 by L.L. No. 6-1986; 1-10-89 by L.L. No. 1-1989] For the purpose of this chapter, the Town of Southold, outside of the incorporated Village of Greenport, is hereby divided into districts designated as follows: A -C Agricultural -Conservation District (two -acre minimum) R-80 Residential Low -Density District (two -acre minimum) R-40 Residential Low -Density District (one -acre minimum) R-120 Residential Low -Density District (three -acre minimum) R-200 Residential Low -Density District (five -acre minimum) R-400 Residential Low -Density District (ten -acre minimum) HD Hamlet Density Residential District AHD Affordable Housing District RR Resort -Residential District RO Residential Office District HB Hamlet Business District LB Limited Business District B General Business District MI Marine I District MII Marine II District LIO Light Industrial Park/Planned Office Park District LI Light Industrial District § 100-21. Zoning Map. [Amended 1-10-89 by L.L. No. 1-19891 The boundaries of the said districts are hereby established as shown on the Zoning Map, dated January 10, 1989, which accompanies this chapter and which, with all explanatory matter thereon, is hereby adopted and made a part of and incorporated into this chapter. Said map, indicating the latest amendments, shall be kept up-to-date, and a copy thereof shall be kept in the office of the Building Inspector for the use and benefit of the public. 10034 5-25-89 0 § 100-23 ZONING § 100-30 to have been included for the purposes of clarity and emphasis. [Amended 1-10-89 by L.L. No. 1-1989] F. Notwithstanding the limitations imposed by any other provisions of this chapter, no building, dredging or filling operation shall be permitted below the datum of mean high water of tidal waters unless such building, dredging or filling operations. have been duly authorized and are conducted in • conformity with all laws, ordinances, rules and regulations of all governmental agencies having jurisdiction thereof.4 ARTICLE III Agricultural -Conservation (A -C) District and Low -Density Residential R-80, R-120, R-200 and R-400 Districts [Last amended 1-10-89 by L.L. No. 1-1989] § 100-30. Purpose. The purpose of the Agricultural -Conservation (A -C) District and the . Low -Density Residential R-80, R-120, R-200 and R-400 Districts is to reasonably control and, to the extent possible, prevent the unnecessary loss of those currently open lands within the town containing large and contiguous areas of prime agricultural soils which are the basis for a significant portion of the town's economy and those areas with sensitive environmental features, including aquifer recharge areas and bluffs. In addition, these areas provide the open rural environ- ment so highly valued by year-round residents and those persons who support the Town of Southold's recreation, resort and second -home economy. The economic, social and aesthetic benefits which can be obtained for all citizens by limiting loss of such areas are well documented and have inspired a host of governmental programs • designed, with varying degrees of success, to achieve this result. For its part, the town is expending large sums of money to protect existing farm acreage. At the same time, the town has an obligation to exercise its authority to reasonably regulate the subdivision and development of this land to further the same purposes while honoring the legitimate interests of farmers and other farmland owners. 4 Editor's Note: See also Ch. 32, Boats, Docks and Wharves, and Ch. 97, Wetlands. 10037 5-25-89 § 100-31 SOUTHOLD CODE § 100-31 § 100-31. Use regulations. [Amended 3-14-89 by L.L. No. 3-1989] In A -C, R-80, R-120, R-200 and R-400 Districts, 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) One -family detached dwellings, not to exceed one (1) dwelling on each lot. is (2) The following commercial agricultural operations and accessory uses thereto, including irrigation, provided that there shall be no storage of manure, fertilizer or other odor- or dust -producing substance or use, except spraying and dusting to protect vegetation, within one hundred fifty (150) feet of any lot line: (a) The raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of products grown..on the premises, subject to the following special requirements: [1] All buildings for display and retail sales of agricultural and nursery products grown on the premises shall not exceed one thousand (1,000) square feet in floor area or one (1) story in height. Display of produce at a roadside farm stand shall be not less than ten (10) feet from all street and lot lines. Any roadside farm stand in excess of fifty (50) square feet in floor area shall be set back twenty (20) feet from the street line. Any stand in existence at the effective date of this chapter must, within one (1) year, comply with all of the provisions hereof. [2] All signs shall conform to the provisions of § 100-31C(9). [3] Off-street parking a.5 required in the Parking Schedules shall be provided and shall be approved'by the Planning Board. Any roadside 5 Editor's Note: See § 100-191A for the Parking Schedule. 10038 5-25-89 § 100-31 ZONING § 100-31 (q) No bed -and -breakfast facilities, as authorized by § 100-31B(15) hereof, shall be permitted in or on premises for- which an accessory apartment is authorized or exists. [Added 3-14-89 by L.L. No. 3- 19891 (15) 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, subject to the following requirements: (a) Adequate off-street parking spaces shall be provided for such rented rooms in addition to parking spaces for the use of the family of the owner. (b) No accessory apartment, as authorized by § 100- 31B(14) hereof, shall be permitted in or on premises for which a bed -and -breakfast facility is authorized or exists. [Added 3-14-89 by L.L. No. 3-1989] 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 customarily incidental to the principal use, except those prohibited by this chapter. (2) Home occupations, including professional offices, pro- vided that: (a) No display of goods is visible from the street. (b) Such occupation is incidental to the residential use of the premises and is carried on in the main building by the resident therein with not more than one (1) • nonresident assistant. (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. 10045 5-25-89 § 100-31 SOUTHOLD CODE § 100-31 (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 within the residence be conducted in a manner that would cause the premises to lose its residential character, either by the use of colors, materials, construction or lighting. No display of products shall be visible from the street, and no stock -in -trade shall be kept on the premises. (g) Home occupations shall in no event be deemed to include animal hospitals, kennels,. barbershops, 'beauty parlors, clinics or hospitals, -mortuaries, nursery schools, clubs, auto repair shops, restau- rants, tourist homes, rooming houses �or boarding- houses and uses similar to those listed above. (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: 10046 5-25-89 C § 100-31 ZONING § 100-31 (a) Any swimming pool shall be completely enclosed with a permanent chain link (or 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 acci= dents. 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- (Cont'd on page 10047) 10046.1 5-25-89 § 100-181 ZONING § 100-181 (a) The particulars in which the common open space and other common elements have not been main- tained in reasonable order and condition; (b) A demand that such deficiencies in maintenance shall be remedied within thirty (30) days from the date of such notice,- (c) otice; (c) That, upon the failure to remedy such default in maintenance within the time specified, the Town Board will hold a hearing upon the matter upon not less than five (5) days' notice in writing sent by certified mail to such organization or to such lot owners; (d) That, after such hearing, the Town Board may take such action as it deems appropriate to provide for the proper maintenance of such common open space ,and common elements; and (e) .-That any and all costs and expenses incurred by the town for such purposes may be assessed upon all of the lots in such subdivision and be collected in the same manner and at the same time as real property taxes are collected in the Town of Southold. N. The Town Board, in order to ensure that the open space will be used for its intended purposes, shall have the. continuing right to impose building controls and restrictions on the use and maintenance of the common open space lands. 0. Notwithstanding the foregoing, the Town Board may, in its discretion, accept an offer for dedication to the town of the open space and/or common lands created by use of the • provisions of this Article. [Added 344-89 by L.L. No. 3- 1989] 10103 5-25-89 § 100-190 SOUTHOLD CODE § 100-191 ARTICLE XIX Parking and Loading Areas [Added 1-10-89' by L.L. No. 1-19891 § 100-190. Purpose. Regulations for off-street parking and truck loading areas are imposed in order to minimize traffic congestion, air pollution and the risk of motor vehicle and pedestrian accidents and to address aesthetic considerations. § 100-191. Off-street parking areas. A. Off-street parking spaces,, open or enclosed, are permitted accessory to any use specified below. Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purpose of these parking regulations. Reasonable and appropriate off-street parking requirements for structures and uses which do not fall within the categories listed below shall be determined by the Planning Board upon consideration of all factors entering into the parking needs of each use. For those uses not specified in the schedule, there shall be a periodic monitoring of off-street parking conditions to ensure that the purpose of this Article is satisfied. In addition, the Planning Board may waive all or a portion of these requirements within the Hamlet Business District where it shall find that municipal parking facilities within three hundred (300) feet of the proposed use will adequately serve the proposed use. Type of Use Accessory apartment in existing 1 -family dwelling Antique shop, auction gallery, arts and crafts shop and work- shop Required Number of Parking Spaces 1 per accessory apartment in . addition to 2 for 1 -family dwell- ing 1 per 250 square feet of sales area 10104 5-25-89 • • • is § 100-191 Type of Use Apartment over store Auditorium, meeting hall Automobile laundry ZONING. § 100-191 Required Number of Parking Spaces 1 per apartment in addition to business requirements 1 per 50 square feet of seating area, but not less than 1 per 4 seats where provided 1 per employee, plus a 10 -space queuing line area for each laun- dry bay 10104.1 (Cont'd on page 10105) 5-25-89 § 100-212 ZONING § 100-213 B. Nonresidential districts. In all nonresidential districts, there shall be a landscaped strip in the front yard area; in the Limited Business, General Business and Light Industrial Park/Planned Office Park and Light Industrial Districts, the strip shall be twenty-five (25) feet, and in. the Marine I and II Districts, the landscaped strip shall be fifteen (15) feet deep along and contiguous to the front lot line of the property. • There shall also be a landscaped area five (5) feet wide abutting the front of the building in all nonresidential districts, including the Hamlet Business District. § 100-213. Transition buffer area. The purpose of the transition buffer area is to provide privacy from noise, headlight glare and visual intrusion to residential dwellings. A buffer area shall be required along all boundaries of a nonresidential lot abutting any lot in a residential district. Such buffer area shall comply with at least the following minimum standards: A. The buffer area shall be located within the boundaries of the subject property. B. The minimum width of buffer areas shall be as follows: (1) Hamlet Business District: fifteen (15) feet. (2) Marine I and II Districts: twenty (20) feet. (3) Limited Business District: twenty (20) feet. (4) General Business District- twenty-five (25) feet. (5) Industrial districts: thirty (30) feet. (6) Any district other than a residential district adjoining land owned or maintained by New York State, Suffolk • County or Southold Town with current or potential use as parkland: twenty-five (25) feet. C. The buffer .area shall be of evergreen planting of such type, height, spacing and arrangement as, in the judgment of the Planning Board, will effectively screen the activity on the lot from the neighboring residential area. As a minimum, the planting shall_ consist of a double row of trees six (6) feet in 10129 5-25-89 § 100-213 SOUTHOLD CODE § 100-214 height planted at intervals of ten (10) feet on center.. Nonevergreen planting may be included to supplement evergreen planting, but not to take its place. D. A landscaped earthen berm, wall or fence of a location, height, design and materials approved by the Planning Board may be accepted for any portion of the required planting and/or buffer area. E. Where the existing topography and/or landscaping provides adequate screening, the Planning Board may accept the existing planting and/or buffer area as the required planting. § 100-214. Landscaped parking area. In addition to the front landscaped area and buffer area requirements, parking areas shall comply with the following minimum standards: A. All uses required to provide twenty (20) or more off-street parking spaces shall have at least ten (10) square feet of interior landscaping within the paved portion of the parking area for each parking space and at least one (t) tree with a two-inch caliper for every ten (10) parking spaces or fraction thereof. Each separate landscaped area shall contain a minimum of one hundred (100) square feet, shall have a minimum dimension of at least eight (8) feet, shall be planted with grass or shrubs and shall include at least one (1) tree of not less than two-inch caliper. B. A landscaped area shall be provided along the perimeter of any parking area except that portion of the parking area which provides access to a street or parking facility on an adjacent lot. Accessways to adjacent lots shall not exceed twenty-four (24) feet in width and shall not exceed two (2) in number for each purpose. The landscaped area shall have a minimum dimension of four (4) feet, shall be planted with grass or shrubs and shall include at least one (1) tree of not less than two-inch caliper for every forty (40) feet along the perimeter of the parking area. In cases where the parking area adjoins a public sidewalk, the required landscaped area shall be extended to the edge of the sidewalk. 10130 5-25-89 1�1 C7 § 100-239.3 ZONING § 100-239.3 Planning Board's approval of a subdivision plat or site plan, shall require a building permit. (2) All applications for a building permit for a berm shall include the following: (a) A detailed grading plan of the entire site, indicating the existing topography in contour intervals no • greater than five (5) feet and the proposed topogra- phy in contour intervals no greater than two (2) feet. The scale • of the grading plan shall be no smaller than one (1) inch equals twenty (20) feet. (b) A cross section of the berm indicating the type of materials to be used in constructing the berm (i.e., fill or topsoil) and the location of landscaping. The scale of cross section shall be no smaller than one (1) inch equals four (4) feet. (c) A detailed landscaping plan indicating the location, size and quality of the species to be planted. (3) All applications for a building permit for a berm shall be referred to the Planning Board for its approval with respect to the compatibility of the berm with the surrounding properties and associated land uses, drain- age considerations, landscaping and aesthetics. (4) Within twenty (20) working days of receipt of a complete application by the Planning Board, it shall approve, approve with modifications or disapprove the application. • (5) The Building Inspector shall not issue a permit for a berm until Planning Board approval has been received.- Failure eceived:Failure of the Planning Board to. act within twenty (20) working days shall be deemed an approval. (6) All provisions of this chapter relating to the building permits and construction shall apply to building permits for berms, except as provided in this. section. 10141 5-25-89 § 100-239.4 SOUTHOLD CODE § 100-239.4 § 100-239.4. Building setback requirements adjacent to water bodies and wetlands. [Added 3-14-89 by L.L. No. 3- 1989] Notwithstanding any other provisions of this chapter, the following setback requirements shall apply to all buildings located on lots adjacent to water bodies and wetlands: A. Lots adjacent to Long Island Sound. • (1) All buildings located on lots adjacent to Long Island Sound and upon which there exists a bluff or bank landward of the shore or beach shall be set back not less than one hundred (100) feet from the top of such bluff or bank. (2) Except as otherwise provided in Subsection A(1) hereof, all buildings located on lots adjacent to Long Island Sound shall be set back not less than one hundred (100) feet from the ordinary high-water mark of Long Island Sound. B. All buildings located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than seventy-five (75) feet from the bulkhead. The following exceptions will apply: (1) Buildings which are proposed landward .of existing buildings. (2) Lands which are not bulkheaded and are subject to a determination by the Board of Town Trustees under Chapter 97 of the Code of the Town of Southold. (3) Docks, wharves, pilings, boardwalks, stairs, promenades, walkways and piers, which are accessory and separate from existing buildings or accessory structures. • C. All buildings located on lots adjacent to any freshwater body shall be set back not less than seventy-five (75) feet from the edge of such water body or not less than seventy-five (75) feet from the landward edge of the freshwater wetland, whichever is greater. 10142 .5-25-89 § 100-240 ZONING § 100-241 ARTICLE XXIV Nonconforming Uses and Buildings [Added 1-10-89 by L.L. No. 1-1989] § 100-240. Purpose. The purpose of this Article is to reduce or minimize impacts of uses and buildings which do not conform to the use or bulk requirements set forth in this chapter, all uses, and buildings that become nonconforming by reason of any subsequent amendment to this chapter and all buildings containing nonconforming uses. § 100-241. Nonconforming uses. Except as provided hereinafter, nonconforming use of buildings or open land existing on the effective date of this chapter or authorized by a building permit issued prior thereto, regardless of :change of title, possession -or occupancy or right thereof, may :be continued indefinitely, except that such building or use: A. Shall not be enlarged, altered, extended, reconstructed or restored or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever. B. Shall not be moved to another location where such use would be nonconforming. C. Shall not be changed to another nonconforming use without approval by the Board of Appeals and then only to a use which, in the opinion of the said Board, is of the same or of a more -restrictive nature. • D. Shall not be changed back to a less -restrictive use if changed' to a more -restrictive nonconforming use. E. Shall not be reestablished if such use has been changed to or replaced by a conforming use. F: Shall not be repaired or rebuilt unless the use is changed to a conforming use if the nonconforming use is damaged by fire or other causes to.the extent of fifty percent'(50%) of 'its fair value. 10142.1 5-25-89 § 100-280 ZONING § 100-281 F. At the request of the Planning Board, the Building Inspector shall review site plan applications for compliance with this chapter and requirements established in the presubmission conference. § 100-281. Building permits. • No building in any district shall be erected, reconstructed, restored, moved or structurally altered without a building permit duly issued upon application to the Building Inspector. No building permit shall be issued unless the proposed construction or use is in full conformity with all the provisions of this chapter and the provisions of all other applicable laws, ordinances, rules and regulations. Any building permit issued in violation of the provisions of this chapter shall be null and void and- of no effect without the necessity for any proceedings, revocations or nullification -thereof, and any work undertaken or use established pursuant to the -issuance of a permit in violation of the provisions of this chapter shall be invalid. A. Applications. Every application for a building permit shall contain the following -information and be accompanied by the required fee and a plot plan drawn to scale and signed by the person responsible for each drawing. If no such plot plan is available, a survey is required, prepared by a licensed engineer or land surveyor. If the Building Inspector deems it necessary that plans and specifications be examined to ascertain if the proposed building will comply with applicable building construction, housing and fire codes,,he may require that plans and specifications be filed with the building permit application. '(1) The actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected, or • of the lot on which it is situated if an existing building, except in the case of the alterations of a building which do not affect the exterior thereof. (2) The section, block and lot numbers, if any, as they appear on the latest tax records. (3) The exact size and locations on the lot of the proposed, - building. or- buildings or - structural alteration of an 10167 5-25-89 § 100-281 SO.UTHOLD CODE § 100-281 existing building and of other existing buildings on the, same lot. (4) The dimensions of all yards in relation to the subject building, and the distances between such building and any other existing buildings on the same lot and adjacent lots. (5) The existing and intended use of all buildings, existing or • proposed, the use of land and the number of dwelling units the building is designed to accommodate; and the necessary computations to establish conformity to the bulk and density regulations. (6) Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this chapter. (7) An application for a building permit for construction on a vacant lot which is not on an approved subdivision map shall be accompanied by a certified abstract of title issued by a title company which shall show single and separate ownership of the entire lot prior to April 9, 1957. [Added 3-14-89 by L.L. No. 3-1989] B. No building permit shall be issued for the construction or alteration of any building upon a lot without access to a street .or highway as provided by § 280-a of the Town Law. C. No building permit shall be issued for any building where the site plan of such building is subject to approval by the Planning Board, except in conformity with the plans approved by the said Board. D. No building permit shall be issued for a building in any district where such use is permitted by special exception • unless and until such approval has been duly granted by the board having jurisdiction thereof. E. No building permit shall be issued for any building until approval has been received from the Suffolk County Depart- ment of Health Services for the proposed water supply and sewage disposal system. 10168 5-25-89 § 100-281 ZONING § 100-281 F. The building permit application and all supporting documen- tation shall be made in triplicate. Upon the issuance of a building permit, the Building Inspector shall return one (1) copy of all filed documents to the applicant. G. The Building Inspector shall, within ten (10) business days after the filing of a complete and properly prepared • (Cont'd on page 10169) • 10168.1 5-25-89 § 100-284 ZONING § 100-284 the fee hereinafter specified. Copies of such certificate' will be issued upon the payment of the fee hereinafter specified. F. A certificate of occupancy shall be deemed to authorize and is required for both initial occupancy and use of the building or land to which it applies. G. Upon written request and upon payment of the fee hereinafter • specified, the Building Inspector shall, after inspection, issue a certificate of occupancy for any building or use thereof or of land existing at the time of the adoption of this chapter, or any amendments thereto, certifying such use and whether or not the same and the building conform to the provisions of this chapter. H. A record of all certificates of occupancy shall be kept in the office -of the Building Inspector, and copies shall be furnished on request to any agency of the town or to any persons having an interest in the building or land affected. I. Certificate of occupancy fees. The following fees shall be paid upon the filing of an application with the Building Inspector for a certificate of occupancy, which fees shall be paid into the general fund if the application is approved or returned to the applicant if the application is denied: (1) Business buildings and/or business uses and additions and alterations thereto: fifty dollars ($50.). (2) New dwellings and additions and alterations thereto: twenty-five dollars ($25.). (3) Accessory buildings and additions and alterations thereto: twenty-five dollars ($25.). • (4) Preexisting dwellings: one hundred dollars ($100.). [Amended 3714-89. by L.L. No. 3-19891- (5) Vacant land: twenty dollars ($20.). (6) Updated certificates of occupancy by reason of additions or alterations: fifty dollars ($50.): - 10173 5-25-89 § 100-284 SOUTHOLD CODE § 100-286 (7) Copies of certificates of occupancy issued five (5) or fewer years ago: five dollars ($5.). (8) Copies of certificates of occupancy issued more than five (5) years ago: ten dollars ($10.). § 100-285. Penalties for offenses. • For each offense against any of the provisions of this chapter or any regulations made pursuant thereto or for failure to comply with a written notice or order of any Building Inspector within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of any Building Inspector shall, upon a first conviction thereof, be guilty of a violation, punishable by a fine: of not. exceeding five hundred dollars ($500.) or by imprisonment for a period not to exceed fifteen (15) days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within eighteen (18) months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding one thousand five hundred dollars ($7,500.) or by imprisonment for a period not to exceed fifteen (15); days, or by both such fine and imprisonment. § 100-286. Remedies. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter or of any regulations made pursuant thereto, in addition to other remedies provided by law, any appropriate action or proceeding, whether by local process or otherwise, may be instituted or taken to prevent such • unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use or to restrain, correct or abate such violation or to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. 10174 5-25-89