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Home My WebLink About1990 Code Supplement - 01/25/1990GENERAL CODE PUBLISHERS CORP. INSTRUCTIONS Town of Southold Code Supplement No. 52 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 12- 12-89 (L.L. No. 23-1989). • The page numbers should always correspond with this list. REMOVE 10021 -10022 10069- 10072 10077- 10078 Supplemental Index, SI-1—SI-3 INSERT 10021 -10022 10022.1 10069 -10072 10072.1 10077- 10078 Supplemental Index, SI-1—SI-3 Legislation, by number or date of adoption, included in this supplement: L.L. Nos. 22-1989; 23-1989. 1-25-9Q § 100-13 ZONING § 100-13 FLOOR AREA RATIO — The floor area in square feet of all buildings on a lot divided by the area of such lot in square feet. FRATERNAL ORGANIZATION — A nonprofit association of persons bound by a common interest or goal, be it civic, patriotic, charitable, educational or historical. [Added 11-28- 89 by L.L. No: 22-1989] • FRONTAGE — The width of a lot at the street line. GARAGE, PRIVATE — A building used as an accessory to the main building for the storage of one (1) or more gasoline - or other power -driven vehicles owned and used by the owner or tenant of the lot on which the garage is erected for the storage of not exceeding two (2) additional vehicles (not trucks) owned or used by the others and in which no occupation, business or service for profit is carried on without special permit. GARAGE, PUBLIC — A building, other than a private garage, used for housing or care of gasoline- or other power - driven vehicles or where such vehicles are equipped for operation, repaired or kept for renumeration, hire or sale. GARAGE, REPAIR — A building, other than a private ga- rage, used for adjustment, painting, replacement of parts or other repair or restoration of motor vehicles or parts thereof, whether or not accessory or incidental to another use. GASOLINE SERVICE STATION — A structure and sur- rounding land used for the storage and sale of petroleum fuel primarily to motor vehicles and for accessory uses such as the 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. 10021 1-25-90 § 1()0-1:3 SOUTHOLD CODE § 100-13 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. 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. HISTORIC BUILDING — See "landmark designation." HOME OCCUPATION — This shall be understood to include the professional office or stuido of a doctor, dentist, teacher, artist, architect, engineer, musician, lawyer, magistrate or practitioners of a similar character, or rooms used for "home occupations," including home baking, millinery or similar handicrafts, provided that the office, studio or occupational rooms are located in a dwelling in which the practitioner resides and provided further that no goods are publicly displayed on the premises and no sign or advertisement is shown other than a sign not larger than two (2) square feet in total area, bearing only the name and occupation (words only) of the practitioner. HOMEOWNERS' OR HOMES ASSOCIATION — A com- munity association, including a condominium association, which is organized in a residential development in which individual owners have a shared interest in the responsibility for open space or facilities. 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 10022 1-25-90 • § 100-13 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." '10022.1 (Cont'd on page 10023) 1-25-90 § 100-61 ZONING § 100-62 (6) Tourist camps as regulated by Chapter 88, Tourist and Trailer Camps, of the Town Code. (7) Freestanding restaurants. C. [Amended 5-9-89 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as accessory uses and, except for • residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (1) Any accessory use set forth in and as regulated by § 100- 31C(1) through (7) of the Agricultural -Conservation District. (2) Signs as regulated by § 100-31C(9) of the Agricultural - Conservation District; and, in the case of a hotel, motel resort, tourist camp, country club, beach club, swim club or tennis club, if the building is set back twenty-five (25) feet; one (1) freestanding or ground -illuminated sign with a maximum area of eighteen (18) square feet may be permitted at the entrance, set back a minimum of fifteen (15) feet from the street line. (3) Sanitary and laundry facilities. (4) Accessory uses set forth in and as regulated by § 100- 42)(3) of the Hamlet Density Residential District. § 100-62. Hulk, area and parking regulations Except as otherwise provided herein, no buildings or premises shall be used and no building or part thereof shall be erected or altered in • the Residential RR District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full.13 13 Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking and Loading Schedules are in §§ 100-191 and 100-192. 10069 1-25-90 § 100-70 SOUTHOLD CODE § 100-71 ARTICLE VII Residential Office (RO) District [Added 1-10-89 by L.L. No. 1-1989141 § 100-70. Purpose. The purpose of the Residential Office (RO) District is to provide a transition area between business areas and low-density residential development along major roads which will provide opportunity for limited nonresidential uses in essentially residential areas. § 100-71. Use regulations. In the Residential Office (RO) 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) One -family detached dwellings, not to exceed one (1) dwelling on each lot. (2) Buildings, -structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. (3) Buildings, structures and uses owned or operated by fraternal organizations and utilized for activities typically conducted by a fraternal organization, including but not limited to public meeting places, charitable and fundrais- ing events, patriotic observances and catering for public and private functions. [Added 11-28-89 by L.L. No. 22- 19891 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, provided that not more than one (1) use shall be allowed for each forty thousand (40,000) square feet of lot area: 14 Editor's Note: This local law also repealed former Art. VII, B-1 General Business District, as amended. 10070 1-25-90 § 100-71 ZONING § 100-71 (1) Special exception uses as set forth in and regulated by § 100-31B(1) through (7) of the Agricultural -Conservation District. (2) Professional offices and business offices. (3) Funeral homes. • (4) Bed -and -breakfast uses as set forth in and regulated by § 100-31B(15), except that no site plan approval is required. (5) Libraries, museums or art galleries. (6) Wineries. [Added 8-1-89 by L.L. No. 15-1989] (7) Apartments may be permitted over business and professional offices as regulated by § 100-91B(4)(a) through (f), inclusive. [Added 12-12-89 by ,L.L. No. 23- 19891 C. [Amended 5-9-89 by L.L. No. 6-19891 Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (1) Accessory uses as set forth in and regulated by § 100- 31)(1) through (7) of the Agricultural -Conservation District and subject to the conditions set forth in § 100-33 thereof. (2) The following signs, subject to the supplementary sign regulations set forth in Article XX: (a) One (1) indirectly illuminated nameplate or profes- sional sign not more than two (2) square feet in area. • (b) One (1) real estate sign, either single- or double- faced, not larger than twelve (12) square feet in size on any one (1) or more lots, advertising the sale or lease of only the premises on which it is maintained and set back not less than fifteen (15) feet from any lot line; where acreage or a subdivision has a continuous frontage of five hundred (500) feet or more, said sign may not exceed twenty-four (24) square feet in size. 10071 1-25-90 § 100-71 SOUTHOLD CODE § 100-81 (c) One (1) bulletin board or other announcement or identification sign for uses permitted by § 100- 31B(3), (4), (5) and (6), not more than eighteen (18) square feet in area, located not less than fifteen (15) feet from any street or lot line. (3) Accessory uses set forth in and regulated by § 100-42C(3) of the Hamlet Density Residential District. § 100-72. 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 Residential Office (RO) District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter, with the same force and effect as if such regulations were set forth herein in full.15 ARTICLE VIII Limited Business (LB) District [Added 1-10-89 by L.L. No. 1-198916] § 100-80. Purpose. The purpose of the Limited Business (LB) District is to provide an opportunity to accommodate limited business activity along highway corridors, but in areas outside the hamlet central business areas, that is consistent with the rural and historic character of surrounding areas and uses. Emphasis will be placed on review of design features so that existing and future uses will not detract from surrounding uses. The additional uses must generate low amounts of traffic and be designed to protect the residential and rural character of the area. § 100-81. Use regulations. In the LB District, no building shall be used and no building or part of a building shall be erected or altered which is arranged, 15 Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking and Loading Schedules are in §§ 100-191 and 100-192. 16 Editors Note: This local law also repealed former Art. VIII, C Light Industrial District, .: amended. 10072 1 - 25 -90 § 100-81 ZONING § 100-81 intended or designed to be used, in whole or in part. for any uses except the following: A. Permitted uses. (1) Any permitted use as set -forth in and regulated by § 100- 31A of the Agricultural -Conservation District. • (2) The following uses are permitted uses subject to the site plan approval by the Planning Board: • (Cont'd on page 10073) 10072.1 1 -25- 90 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, subject to site plan approval by the Planning Board: (1) Any special exception use set forth in and as regulated by § 100-31B(3) to (6) and (14) and (15) of the Agricultural • Conservation District. (2) Multiple dwellings and townhouses. (3) Motel and hotel uses as set forth in and regulated by § 100-61B(4) of the Resort Residential (RR) District. except that minimum lot size shall be one (1) acre. (4) [Amended 12-12-89 by L.L. No. 23-19891 Apartments may be permitted over retail stores and business, professional and governmental offices, subject to the following requirements: (a) The explicit written approval of the Town Fire Prevention Inspector shall be obtained for the design, location, access and other safety-related elements of every such apartment. No apartment shall be permitted over filling stations, stores retailing flammable or fume -producing goods, restaurants or other businesses with kitchens or other facilities producing intense heat or any other establishment which the Fire Prevention Inspector determines to pose a greater -than -average built-in fire risk. (b) The habitable floor area of each apartment shall be at least four hundred fifty (450) square feet, but in • no case more than seven hundred fifty (750) square feet. The apartment shall not be located on the first floor of the building, and the apartment shall contain all services for safe and convenient habita- tion, meeting the New York State Uniform Fire Prevention and Building Code and the Sanitary Code. (c) There shall be no more than three (3) apartments created or maintained in any single building. 10077 1-2.5-90 § 100-91 SOUTHOLD CODE § 100-91 (d) Each apartment, or common hallway servicing two (2) or three (3) apartments, shall have a separate access to the outside of the building, which must be distinct from the access to uses on the first floor. (e) Each apartment shall have at least one (1) on-site off- street parking space meeting the standards of this chapter, conveniently located for access to the • apartment. (f) Only the owner of the building in which it is proposed to locate the apartment(s) may apply for this special permit. The Board of Appeals shall require that such applicant execute such agree- ments, contracts, easements, covenants, deed restric- tions or other legal instruments running in favor of the town as, upon recommendation of the -Town Attorney, the Board shall determine to be necessary to ensure that: [1] The apartment, or any proprietary or other interest therein, will not be sold to the tenant or any other party, except as part of a sale of the entire building in which the apartment is located. [2] The apartment is made available for year- round rental. [3] The apartment is properly constructed, main- tained and used, and unapproved uses are excluded therefrom. [4] Any other condition deemed reasonable and necessary to ensure the immediate and long- term success of the apartment in helping to meet identified housing needs in the community is complied with. (5) Bed -and -breakfast enterprises or boarding and/or tourist homes as set forth and regulated by § 100-61B(5) of the Resort Residential (RR) District. 10078 1-25-90 BUILDING PERMITS Site plan approval ................................ 100-252 —c— CERTIFICATE OF OCCUPANCY Site plan approval ................................ 100-252 DEFINITIONS Fraternal organization ............................ 100-13 DRAINAGE Site plan approval ................................ 100-252 —F— FEES Site plan approval ................................ 100-256 FRATERNAL ORGANIZATION Defined .......................................... 100-13 —G— GUARANTIES Site plan approval ................................ 100-254 d1e • HEARINGS Site plan approval ................................ 100-254 —L— LANDSCAPING Site plan approval ................................ 100-252 LIGHTING Site plan approval ................................ 100-252 SI -1 I - 25-90 SOUTHOLD SUPPLEMENTAL INDEX —N— NOTICES Site plan approval ................................ 100-254 —D— OFF-STREET PARKING AND LOADING • Site plan approval ................................ 100-252 —S— SCREENING Site plan approval ................................ 100-252 SITE PLAN APPROVAL Applicability ..................................... 100-250 Application requirements ........................... 100-256 Approval of plan required ......................... 100-253 Building permits ................................. 100-252 Certificate of occupancy ........................... 100-252 Drainage......................................... 100-252 Duration of plan .................................. 100-255 Fees............................................. 100-256 Findings of fact .................................. 100-251 Guaranties ....................................... 100-254 Hearings......................................... 100-254 Landscaping ..................................... 100-252 Lighting ......................................... 100-252 Notices.......................................... 100-254 Objectives ........................................ 100-252 Off-street parking and loading ..................... 100-252 Purpose.......................................... 100-251 Review procedure ................................. 100-254 Screening ........................................ 100-252 Utilities.......................................... 100-252 Variances ........................................ 100-254 • Zoning ........................................... 100-250 — 100-256 _U_ UTILITIES Site plan approval ................................ 100-252 SI -2 . 1-25-90 • • VARIANCES Site plan approval ................................ 100-254 MWAM ZONING Site plan approval ................................ 100-250 — 100-256 19I-3 1-25-90