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HomeMy WebLinkAbout1991 Code Supplement - 09/25/1991GENERAL CODE PUBLISHERS CORP INSTRUCTIONS Town of Southold Code Supplement No. 67 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. The adoption date of the most recent legislation included in this supplement is 8-27- 1991 (L.L. No. 23-1991). The page numbers should always correspond with this list. REMOVE 2501 -2504 3803 - 3805 5901 -5904 6501 -6502 6502.1 8103-8104 9207 -9208 9228.3 - 9228.4 10047- 10048 10055- 10056 10080.1 10113 -10114 Density and Minimum Lot Size Schedule for Nonresi- dential Districts Supplemental Index, SI-1—SI-6 INSERT 2501- 2504 3803 -3805 5901- 5904 6501 -6502 6502.1 8103 -8104 9207- 9208 9228.3 - 9228.4 10047- 10048 10048.1 10055- 10056 10080.1 10113 - 10114 10114.1 Density and Minimum Lot Size Schedule for Nonresi- dential Districts Supplemental Index, SI -1 — SI -7 Legislation, by number or date of adoption, included in this supplement: L.L. Nos. 13-1991; 14-1991; 15-1991; 16-1991; 17-1991; 18- 1991; 19-1991; 2071991; 21-1991; 22-1991; 23-1991. 9-25-91 § 25-1 AGRICULTURAL LANDS § 25-19 Chapter 25 AGRICULTURAL LANDS PRESERVATION §§ 25-1 through 25-9. (Reserved) • § 25-10. Title. §§ 25-11 through 25-19. (Reserved) §. 25-20. Purpose. §§ 25-21 through 25-29. (Reserved) § 25-30. Definitions. §§ 25-31 through 25-39. (Reserved) § 25-40. Acquisition of development rights. §§ 25-41 through 25-49. (Reserved) § 25-50. Alienation of development rights. §§ 25-51 through 25.59. (Reserved) § 25-60. Severability. [HISTORY: Adopted by the . Town Board of the Town , of Southold 3-13-84 as Local Law No. 2-1984. Amendments noted where applicable.] §§ 25-1 through 25-9. (Reserved) • § 25-10. Title. This - chapter . shall be known and may be ,cited • as the "Agricultural Lands Preservation Law of the Town of Southold." §§ 25-11 through 25-19. (Reserved) 2501 6-25-84 § 25-20 SOUTHOLD CODE § 25-30 § 25-20. Purpose. The Town Board of the Town of Southold finds that the acquisition of development rights in lands located in the Town of Southold and used in bona fide agricultural production will conserve, protect and encourage the improvement of prime agricultural lands, both for the production of food and the preservation of open space, and is in the public interest and a proper public purpose of the town in accordance with the findings and determinations of the New York State :Legislature, as set forth in § 247 of the General Municipal Law. §§ 25-21 through 25-29. (Reserved) § 25-30. Definitions.. As used in this chapter, the terms used herein are defined as follows: AGRICULTURAL LANDS — Lands used in bona fide agricultural production. AGRICULTURAL PRODUCTION — The production for commercial purposes of crops, livestock and livestock products, but not, land or portions thereof used for processing or retail merchandising of such crops, livestock or livestock products. Land used in "agricultural production shall also include fences, equipment storage buildings, livestock barns, irrigation systems and. any other structures used exclusively for agricultural purposes. ALIENATION — The transfer of any development right from the Town of Southold to another. COMMITTEE — The Southold Town Farmland Com- • mittee. DEVELOPMENT RIGHT — The permanent legal in- terest or right to prohibit or restrict the use of land for any purpose other than agricultural production. STRUCTURE — Anything constructed or erected in, on or under the ground or attached to anything having a location, on or under the ground, including fences. 2502 6-25-84 § 25-31 AGRICULTURAL LANDS § 25-50 §§'25-31 through 25-39. (Reserved) § 25-40. Acquisition of development rights. A. Upon authorization by the Town Board, the Supervisor shall solicit offers for the sale to the town of development • rights in such agricultural lands as may be recommended by the Committee. B. Upon the receipt of such offer or offers, the Town Board shall cause an appraisal or appraisals to be made of the market value of the development rights being offered. . C. After receipt of such appraisal or appraisals, the Town Board shall hold a public hearing on the question of the acceptance of such. offer or offers. D. Within sixty (60) days after such hearing, the Town Board shall adopt a resolution either accepting or rejecting such offer or offers. §§ 25-41 through 25-49.. (Reserved) § 25-50. Alienation of development rights. A. Development rights acquired by the town pursuant to the provisions of this chapter shall not thereafter be alienated, except upon the affirmative vote of a majority of the Town Board after a public hearing thereon and upon the approval by the electors of the town voting on : a proposition sub- mitted at a special or biennial town election. No sub- sequent amendment of the provisions of this subsection shall alter the limitations imposed .upon the alienation of develoment rights acquired by the town prior to any such amendment. B. The instrument of conveyance transferring the develop- ment rights to the Town of Southold shall be executed by the. Supervisor on behalf of the Town of Southold and the grantors and shall contain a covenant specifically setting 2503 6-25-84 § 25-50 SOUTHOLD CODE § 25-50 forth the limitations on the alienation of the development rights and the limitations on the use and enjoyment of the estate or interest reserved by the grantor as the same are set forth as of the date of the contract for the sale of said development rights. C. Farmland Committee. (1) The Committee shall consist of five (5) members to be • appointed by and serve at the pleasure of the Town Board. The Chairman of the Committee shall be designated by the Town Board. (2) Duties of the Committee. (a) 'The Committee shall perform the following duties: [1] To recommend to the Town Board agricultural lands in which the development rights should be - acquired by the town. [2] To review all matters relevant to develop- ment rights and the agricultural economy in general. [3] To serve as a review board for the granting of permits .for the construction, reconstruction and 'additions of and to structures in or on agricultural lands in which the development rights .have been acquired by the town. [4] To promulgate such rules and regulations as may be deemed" necessary to govern the administration, procedures and duties of the Committee, which -rules and regulations shall not become effective until approved by the Town Board. " [5] To prepare, amend and maintain appropriate maps delineating agricultural lands, lands in which development rights, have been acquired, agricultural. lands in which development rights are proposed to be acquired and such other information as may be deemed appropriate. 2504. 6-25-84 § 38-3 DOGS § 38-7 a Town Justice of the Town of Southold specifying the ob- jectionable conduct of the dog, the date thereof, the damage caused, a description of the dog and the name and residence, if known, of the owner or other person harboring said dog. • § 384. Summons; arrest warrant. [Amended 64-1991 by L.L. No. 12-19911 A. Upon receipt by the Town Justice of any complaint against the conduct of any particular dog, the Town Justice may summons the alleged owner or other person harboring said dog to appear in person before him. If the summons is disregarded, the Justice may permit the filing of an information and issue a warrant for the arrest of such person. B. The prosecution of any complaint, information or action brought pursuant to this section shall not be the responsibility of the Town Attorney. § 38-5. Seeing Eye dogs exempted. This Article shall not apply to Seeing Eye dogs .during such time as such dogs are performing the functions for which they are trained. § 38-6. Seizure of dogs at large. [Amended 9-21-82 by L.L. No. 8-1982] Any dog found at large, not under effective restraint or in the immediate custody and control of the responsible person, may be • seized by a duly appointed Dog Control Officer or other duly appointed officer of the Town of Southold, confined and im- pounded. § 38-7. Confinement; redemption; disposition. [Amended 9-21- 82 by L.L. No. 8-1982] Any dog impounded under the provisions of this Article shall be confined in accordance with the provisions of the Agriculture and 3803 7-25-91 § 38-7 SOUTHOLD CODE § 38-10 Markets Law of the State of New_ York and may be redeemed by the owner or harborer thereof upon payment to the Town Clerk or Dog Control Officer of the sums set forth in the Agriculture and Markets Law. Any dog not so redeemed shall, at the option of the Dog Control Officer, be made available for adoption or be destroyed or given to a recognized society for the care and welfare of dogs. All proceedings shall be in accordance with the provisions • of the Agriculture and Markets Law of the State of New York. The fee for the adoption of a dog shall be in such amount as may be, from time to time, established by Town Board resolution. The Dog Control Officer may, as a condition to an adoption, require that the dog shall be spayed or neutered within one (1) year after such adoption and may require a deposit of twenty dollars ($20.) to assure that such dog is spayed or neutered within such time. § 38-8. Penalties for offenses. Any person committing an offense against any provision of this Article shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding two hundred fifty dollars ($250.) or by imprisonment for a term not exceeding fifteen (15) days, or by both such fine and imprisonment. § 38-9. Severability. The invalidity of any section, provision or portion of this Article shall not. invalidate any other section, provision or remaining portion thereof. § 38-10. When effective. CJ This Article shall take effect ten (10) days after its adoption. 3804 7-25-91 §- 38-11 DOGS § 38-11 ARTICLE II Fees [Adopted 9-26-1978 as L.L. No. 5-1978; amended in its entirety 10-23-1990 by L.L. No. 19-19901 § 38-11. License fees. • A. Commencing on October 1, 1979, and until November 30, 1990, the license fee for dogs, inclusive of other statutory charges, is hereby set. as follows: • (1) Five dollars ($5.) for a spayed or neutered dog. (2) Ten dollars ($10.) for an unspayed or unneutered dog. B. Commencing on December 1, 1990, the license fee for dogs, inclusive of other statutory charges, is set as follows: (1) Ten dollars ($10.) for a spayed or neutered dog. (2) Fifteen dollars ($15.) for an unspayed or unneutered dog. 3805 7- 25-91 OPEN SPACE PRESERVATION Chapter 59 OPEN SPACE PRESERVATION §§ 59-1 through 59-9. (Reserved) § 59-10. Title. §§ 59-11 through 59-19. (Reserved) § 59-20. Findings. §§ 59-21 through 59-29. (Reserved) § 59-30. Definitions. §§ 59-31 through 59-39. (Reserved) § 59-40. Acquisition. §§ 59-41 through 59-49. (Reserved) § 59-50. Alienation of fee, interest or right; instrument of conveyance; Open Space Committee. §§ 59-51 through 59-59. (Reserved) § 59-60. Severability. [HISTORY: Adopted by the Town Board of the Town of Southold 3-22-88 as Local Law No. 2-1988. Amendments noted. where applicable.] GENERAL REFERENCES Agricultural lands preservation — See Ch. 25. Environmental quality review — See Ch. 44. Landmark preservation — See Ch. 56. Parks and recreation areas — See Ch. 62. Wetlands — See Ch. 97. Zoning — See Ch. 100. Subdivision of land — See Ch. A106. 5901 5-25-88 a § 59-1 SOUTHOLD CODE § 59-30 §§ 59-1 through 59-9. (Reserved) § 59-10. Title. This chapter shall be known and may be cited as the "Open Space or Open Area Preservation Law of the Town of Southold." §§ 59-11 through 59-19. (Reserved) § 59-20. Findings. The Town Board of the Town of Southold finds that the acquisition of open space or open area in lands located in the Town of Southold, if preserved and maintained in their present open state, is in the public interest and a proper purpose of the town in accordance with the findings and determination of the New York State Legislature, as set forth in § 247 of the General Municipal Law. §§ 59-21 through 59-29. (Reserved) § 59-30. Definitions. As used in this chapter, the terms used herein are defined as follows: ACQUISITION — To accept, by purchase, gift, grant, bequest, devise, lease or otherwise, the fee or any lesser interest or right in real property, including but not limited to development rights. ALIENATION — The transfer of the fee or any lesser • interest in real property from the Town of Southold to another. COMMITTEE — The Southold Town Open Space Committee. DEVELOPMENT RIGHT — The permanent legal interest or right to prohibit or restrict the use of land for any purpose other than open space or open area. 5902 5-25-88 § 59-30 OPEN SPACE PRESERVATION § 59-50 OPEN SPACE or OPEN AREA — Any space or area characterized by natural scenic beauty or whose existing openness, natural condition or present state of use, if retained, would maintain or enhance the conservation of natural or scenic resources. STRUCTURE — Anything constructed or erected in, on or under the ground or attached to anything having a location on or under the ground, including fences. §§ 59-31 through 59-39. (Reserved) § 59-40. Acquisition. A. Upon authorization by the Town Board, the Supervisor shall solicit offers for the sale to the town of the fee or any lesser interest or right in real property as may be recommended by the Committee. B. Upon the receipt of such offer or offers, the Town Board shall cause an appraisal or appraisals to be made of the market value of the fee or any lesser interest or right in such real property being offered. C. After receipt of such appraisal or appraisals, the Town Board shall hold a public hearing on the question of the acceptance of such offer or offers. D. Within sixty (60) days after such hearing, the Town Board shall adopt a resolution either accepting or rejecting such offer or offers. • §§ 59-41 through 59-49. (Reserved) § .59-50. Alienation of fee, interest or right; instrument of conveyance; Open Space Committee. A. The fee or any lesser interest or right acquired by the town pursuant to the provisions of this chapter shall not thereafter 5903 5-25-88 § 59-50 SOUTHOLD CODE § 59-50 be alienated except upon the affirmative vote of a majority of the Town Board after a public hearing thereon and upon the approval by the electors of the town voting on a proposition submitted at a special or biennial town election. No subse- quent amendment of the provisions of the subsection shall alter the limitation imposed upon the alienation of the fee or any lesser interest or right acquired by the town prior to any such amendment. B. The instrument of conveyance transferring the fee or any lesser interest or right in real property to the Town of Southold shall be executed by the Supervisor on behalf of the Town of Southold and the grantors and shall contain a covenant specifically setting forth the limitations on the alienation of the fee or any lesser interest or right and the limitations on the use and enjoyment of the estate or interest reserved by the use and enjoyment of the estate or interest reserved by the grantor as the same are set forth as of the date of the contract for sale of said fee or any lesser interest or right. C. Open Space Committee. (1) The Committee shall consist of five (5) members to be appointed by and serve at the pleasure of the Town Board. The Chairman of the Committee shall be designated by the Town Board. (2) Duties of the Committee. (a) The Committee shall perform the following duties: [1] To recommend to the Town Board lands in which the fee or any lesser interest or rights should be acquired by the town. [2] To review all matters relevant to open space or • open areas. [3] To serve as a review board for the granting of permits for the construction, reconstruction and additions of and to structures in or on the lands in which the fee or any lesser interest or rights have been acquired by the town. 5904 5-25-88 § 65-1 PARKING AT BEACHES § 65-1 Chapter 65 PARKING AT BEACHES ® § 65-1. Policy. § 65-2. Designation of parking areas requiring permits. § 65-3. Parking permits. § 65-4. Duration of permits. § 65-5. Other regulations. § 65-6. Removal of vehicles parked in violation. § 65-7. Penalties for offenses. [HISTORY: Adopted by the Town Board of the Town of South- old 4-7-70. Section 65-7 amended during codification; see Ch. 1, General Provisions, Article II. Other amendments noted where applicable.] GENERAL REFERENCES Vehicles and traffic — See Ch. 92. § 65-1. Policy. The Town of Southold provides bathing beaches and recreational facilities and parking areas adjacent thereto at various locations within the town for the use and enjoyment of residents of the Town of Southold. The use of such facilities by persons other than residents has increased to such an extent that such facilities have become over- crowded, with the result that residents are denied the use thereof. The Town Board therefore declares it to be the policy of the Town of Southold to restrict and regulate the parking of vehicles in the park- ing areas adjacent to the bathing beaches and recreational facilities described in this chapter in accordance with the provisions hereof. 6501 1-2.5-86 § 65-2 SOUTHOLD CODE § 65-2 § 65-2. Designation of parking areas requiring permits. A. The following parking areas are hereby designated as Town of Southold "Parking by Permit Only" areas: (1) Parking area adjacent to the bathing beach located on Gardiners Bay at the terminus of Manhanset Avenue, known as and referred to herein as "Norman E. Klipp Marine Park."' (2) Parking area adjacent to the bathing beach located on Long Island Sound at Arshamomaque (approximately one hundred (100) feet east of the intersection of County Route No. 27 and Sound View Avenue], known as and referred to herein as "Southold Town Beach." (3) Parking area adjacent to the bathing beach located on Long Island Sound at Southold at the terminus of Hor- ton Lane, known as and referred to herein as "McCabe's Beach." (4) Parking area adjacent to the bathing beach located on Long Island Sound at Southold at the terminus of Kenny Road, known as and referred to herein as "Kenny's Beach." (5) Parking area adjacent to the bathing beach located on Town Harbor at Southold adjacent to North Bayview Road (east of Goose Creek Bridge), known as and re- ferred to herein as "Goose Creek Beach." (6) Parking area adjacent to the bathing beach located on Long Island Sound at Peconic at the terminus of Mill Road, known as and referred to herein as "Goldsmith's Inlet Beach." (7) Parking area adjacent to the bathing beach located on Peconic Bay at New Suffolk at the terminus of First Street, known as and referred to herein as "New Suffolk Beach." I Editor's Note: Original Subsection (1) designating Stephenson's Beach as a "Parking by Permit Only" area was repealed 5-25-71. 6502 1-25-86 § 65-2 PARKING AT BEACHES § 65-2 (8) Parking area adjacent to the beach located on the south- erly side of Narrow River Road adjacent to Hallock's Bay at Orient, known and referred to herein as "Narrow River Road Beach." [Added 11-19-85 by L.L. No. 17-1985] • B. No person shall park a vehicle in any parking area designat- ed herein as a "Parking by Permit Only" area unless such vehicle displays a valid parking permit duly issued for such vehicle in accordance with the provisions of this chapter. • (Cont'd on page 6503) 6502.1 1-25-86 § 81-3 SOIL REMOVAL § 81-4 the stripping or removal of topsoil therefrom, including sod farming [except such sod farming operations as remove only the top two (2) inches or less of topsoil annually], without a currently effective permit issued by the Town Board in compliance with the provisions of this chapter, or unless listed as an exception in § 81- 4. § 81-4. Operations excepted. The following operations and uses are hereby excepted from the application of this chapter: A. Excavation or removal of sand, gravel, stone or other minerals, or removal of topsoil, on premises owned or leased by a water district, public improvement district, municipal or other public or governmental subdivision, authority or department. B. Excavation or removal of excess sand, gravel, stone or other minerals incident to highway, sidewalk, driveway, cesspool, foundation or cellar construction on the same premises, including the grading of said premises, upon obtaining a permit therefor from the Building Inspector. [Amended 11-9-711 C. Excavation or removal of sand, gravel, stone or other minerals incident to the construction of a stormwater basin, recharge basin or drainage sump on the same premises, provided that topsoil shall not be removed from the premises,. and provided further that before com- mencement of any such operation, a fence or suitable barrier shall be erected around the area of excavation in accordance with plans and specifications approved by the Town Board as adequate to safeguard the public in the particular circumstances of the terrain and location of the excavation. D. The moving of topsoil or other earth from one part of a lot or premises to another part of the same lot or premises as an incident to building, farming or landscaping. [Amended 11-9-711 8103 § 81-4 SOUTHOLD CODE § 81-5 E. Removal of excess topsoil or other earth from the area of a subdivision plat, or from one area of such plat to another area thereof, when authorized by a special order in writing issued by authority of the Town Board.' [Amended 11-9- 711 F. Removal of topsoil or other earth incident to the business of operating a nursery. is G. The moving and/or removal of topsoil or other material on premises subject to site plan approval by the Town Planning Board, when authorized in writing by such Board incidental to the approval of such site plan. [Added 11-9- 711 H. The removal of two (2) inches or less of topsoil annually during the normal operation of sod farming. § 81-5. Permit standards. A. The Town Board may, by resolution in a specific case, after - -` public notice and hearing and subject to appropriate conditions and safeguards to be prescribed by such Board in conformity with this chapter, and in accord with the guides and standards herein, issue a permit for the use of land for the excavation and removal of sand, gravel, stone or other minerals or -for other excavation purposes or for the stripping or removal of topsoil. B. Such authorization shall not be granted unless the Board finds that: (1) The proposed operations will not interfere with the surface water drainage plan of the area nor endanger any street, road or highway. • (2) The circumstances of the location and the terrain are reasonably adapted to rehabilitation to the end that the premises will not become desert or waste land following completion of operations. 2 Editor's Note: For further provisions regarding the development of subdivisions, see Ch. A100, Subdivision of Land. 8104 CD to 0 00 m 000 Direction Location a00 Stop Sign On of Travel At Intersection With (hamlet) Corwin Street West Ninth Street Greenport w Cox Lane North Oregon Road Cutchogue Deep Hole Drive [Repealed 8-12-80 by L.L. No. 4-19801 Deep Hole Drive (east) [Added North New Suffolk Avenue Mattituck 8-12-80 by L.L. No. 4-19801 Deep Hole Drive (west) [Added North New Suffolk Avenue Mattituck x 8-12-80 by L.L. No. 4-19801 Deer Drive East Westphalia Avenue Mattituck r Depot Lane [Added 9-21-76 North Oregon Road Cutchogue � by L.L. No. 4-1976] Dicks Point Road West West Creek Road Cutchogue,G Dicks Point Road East Holden Avenue Cutchogue Dicks Point Road West Holden Avenue Cutchogue Douglass Street North King Street Orient y Duck Pond Road [Added 9-21- South Oregon Road Cutchogue 76 by L.L. No. 4-19761 East Road West Inlet Drive Mattituck East Road East Luthers Road . Mattituck East Road West Pequash Avenue Cutchogue East Legion Avenue West Bay Avenue Mattituck East Side Avenue North Bailie Beach Road Mattituck Eastwood Drive South South Cross Road Cutchogue 1P Eighth Street North Wiggins Street Greenport o CD 0 00 00 a OD 0 0 • T m Co 0 Direction Location Stop Sign On of Travel At Intersection With (hamlet) Eighth Street South Wiggins Street Greenport Elijah's Lane North Oregon Road Mattituck Emory Road West Beebe Drive Cutchogue Eugene's Road East Skunk Lane (Bay Avenue) Cutchogue Fanning Road [Added 8-12-80 East New Suffolk Road Nt,w Suffolk by L.L. No. 4-1980 Fiddler Lane West Manhanset Avenue Greenport Fifth Street North Jackson Street New Suffolk Fifth Street South Jackson Street New Suffolk First Street West Pequash Avenue New Suffolk First Street North Main Street New Suffolk First Street South Main Street New Suffolk Fleetwood Road West Pequash Avenue Cutchogue Fletcher Street West Village Lane Orient Founders Path South Old Shipyard Road Southold Fourth Street North Jackson Street New Suffolk Fourth Street South Jackson Street New Suffolk Fourth Street North King Street New Suffolk Fourth Street South King Street New Suffolk Fourth Street North Main Street New Suffolk Fourth Street South Main Street New Suffolk 0 • T m Co 0 §1 92-42.' VEHICLES -'AND -TRAFFIC' §"92-421. T;Wa.m, Betweenthe, L.L. No. 4:1982]2 Niuneof,Streeti Sid6,, Hburs of; Location. BaiHo Beach Roadl Both. 10:00p.m.and; In,Mhttituck, from: [Added 9-21.7,6 'by.. 7 ` 0 OA; m., LongJgland:Soundi. L.L. No. .4-1970] G f6et- southerly; for a. diem 10:00ipm. and!. In! Giftchogue, from) tante, of 500 feet Bay . Avenue, [Repealed' 8-12..80 -by, L X".. No. 44980]. BayandIn-, Ayenue; Both 10', 00 p Mattituck-, ben northerly, terminus 7:00 a.m.. tweew, POconic. Bay,, souther,IY,: fore ai dis-- and Peconic Bay, tance.-off4QQ)feed Mick, Pond: Roadl Wbst. Boulevard Breakwater Road Both 10:00p.m. andi In Mattituck;, from [Added 9721-76 by. T:00,a.m. Mattituck.. Park L.L. No. 4-19.76]. 1976;,amende&7,"7 Distrldti northi southerly! for, a, dis:_ 2285,by.L.L. N. boundany. line tante-ofr400fietig 9,1985]- southerly tante; ofi 250) feet Budd?s-Pond'Rba& Both, 10;00.,,p,,m,, and; lni Southold;, fromi, [Addiad7m7-82fby: T;Wa.m, the; guardiaib as, L.L. No. 4:1982]2 the, southerly; ter..-. minus -jnortherly rf6r,, a; distance,, of IM f6et- Diick,Pbnd-Roa&' East. 10:00ipm. and!. In! Giftchogue, from) [!A'ddbd t 7r'M 5�b y- 10:00 la.m, the.±guar&aill at! the L.L. No. 94985]; northerly, terminus souther,IY,: fore ai dis-- tance.-off4QQ)feed Mick, Pond: Roadl Wbst. 10:00tp.m--and3 Ih-i G btchogpp,., fromi [Ad&&9=21'-76,, 7-00ia.m, theiguardriaill atj:the., by L.L. No., .4-,, nontfierl�z terminus; 1976;,amende&7,"7 southerly! for, a, dis:_ 2285,by.L.L. N. tante-ofr400fietig 9,1985]- 9228.3 9,- 25 - 85; § 92-42 SOUTHOLD CODE § 92-42 Between the Name of Street Side Hours of Location East Road Both 10:00 p.m. and In Cutchogue from [Added 4-5-83 by 7:00 a.m. the guardrail at the L.L. No. 3-19831 easterly terminus westerly for a dis- tance of 200 feet • First Street Both 6:00 a.m. and In New Suffolk, [Added 4-19-83 by 6:00 p.m. from from the guardrail L.L. No. 4-19831 April 15 to at the southerly September 15, terminus northerly both dates in- for a distance of clusive 200 feet Haywaters Road Both 10:00 p.m. and In Cutchogue, from 7:00 a.m. Peconic Bay east- erly for a distance of 230 feet (Cont'd on page 9229) 0 9228.4 9-25-85 § 100-31 ZONING § 100-31 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, and the following requirements: (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. 10047 2-25-89 § 100-31 SOUTHOLD CODE § 100-31 (9) The following signs, subject to the supplementary sign regulations hereinafter set forth in Article XX: (a) Not more than two (2) nonilluminated nameplates or professional signs each not more than two (2) square feet in area. (b) Not more than two (2) signs with a combined total area of not more than forty-eight (48) square feet, no one (1) of which shall be larger than twenty-four (24) square feet in size, advertising only the sale of farm, garden or nursery products grown on the premises or of animals raised on the premises. (c) 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 shall not exceed twenty-four (24) square feet in size. (d) One (1) bulletin board or other announcement or identification sign for uses permitted in § 100- 31B(3), (4), (5), (6), (8) and (9) of the Agricultural ,District, not more than eighteen (18) square feet in area, located not less than fifteen (15) feet from any street or lot line. (e) Such other signs as may be authorized as a special exception by the Board of Appeals as hereinafter provided. (10) 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. 10048 2-25-89 § 100-51 ZONING § 100-51 § 100-51. Definitions. For the purpose of this Article, the following terms, phrases and words shall have the following meanings: CONSUMER PRICE INDEX — The consumer price index as published by the United States Department of Labor, Bureau of Labor Statistics, for the New York Metropolitan area. DIRECTOR — The Director of Community Development for the Town of Southold. MODERATE -INCOME FAMILY — A family whose aggre- gate annual income, including the total of all current annual income of all family members [excluding the earnings of working family members under age twenty-one (21)] from any source whatsoever at the time of application for the purchase or lease of an affordable housing unit or the purchase of an unimproved affordable lot, does not exceed thirty-nine thousand dollars ($39,000.), which annual income shall be revised each year on January 31 to conform to the previous year's change in the consumer price index. MODERATE -INCOME FAMILY DWELLING UNIT — A dwelling unit reserved for rent or sale to a moderte-income family and for which the maximum monthly rent (excluding utilities) or the maximum initial sales price does not exceed the maximum rent or maximum sales price set forth in § 100- 56E hereof. MODERATE -INCOME FAMILY UNIMPROVED LOT — An unimproved lot reserved for sale to a moderate -income family and for which the maximum initial sales price, inclusive of the cost of providing public water and/or public sewer service to the lot, does not exceed the maximum sales price set forth in § 100-56E hereof. PERMANENT FIXED IMPROVEMENT — An improve- ment to a lot or a moderate -income family dwelling unit which cannot be removed without substantial damage to premises or total loss of value of said improvements. 10055 2-25-89 § 100-52 SOUTHOLD CODE § 100-54 § 100-52. Applicability. AHD Districts shall be established by application to the Town Board, pursuant to the procedures hereinafter specified, on parcels of land located within the following areas: A. Land within a one -half -mile radius of the post offices located in the Hamlets of Mattituck, Cutchogue, Peconic and Southold. B. Land within a one -fourth -mile radius of the post offices located in the Hamlets of East Marion and Orient. C. Land within one-fourth (%) mile, of the boundaries of the incorporated Village of Greenport. D. Land in such other areas as shall be designated by Town Board resolution after a public hearing thereon, upon ten (10) days' notice thereof by publication in the official town newspapers. § 100-53. Use regulations. In the AHD District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: A. Permitted uses. (1) One -family detached dwellings. (2) Two-family dwellings. (3) Multiple dwellings. B. Accessory uses. Accessory uses as set forth in and regulated by § 100-30C(1), (2), (3), (4), (6) and (7) of this chapter. 0 § 100-54. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the AHD District unless the same conforms to the following Bulk, Area and Parking Schedule: 10056 2-25-89 § 100-101 ZONING § 100-101 (5) Cold storage plants, baking and other food processing and packaging plants that are not offensive, obnoxious or detrimental to neighboring uses by reason of dust, smoke, vibration, noise, odor or effluent. (6) Wholesale or retail sale and accessory storage and display of garden materials, supplies and plants, including ' nursery operations, provided that the outdoor storage or display of plants and materials does not obstruct pedestrian flow or vehicular traffic and does not occur within three (3) feet of the property line. (7) Wholesale/retail beverage distribution. (8) Funeral homes. (9) Train or bus stations. (10) Telephone exchanges. 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 as set forth in and regulated by § 100-31B(2) to (13), except wineries are not required to be in connection with a vineyard. [Amended 8-1-89 by L.L. No. 15-1989] (2) Hotel or motel uses as set forth in and regulated by § 100-61B(4) of the Resort Residential (RR) District, except that the minimum lot size, shall be one (1) ,acre. (Cont'd on page 10081) • 10080.1 10-25-89 r' § 100-191 ZONING § 100-191 K. Regulations for parking spaces adjacent to lots in any residence district. (1) Wherever a parking area of over five (5) spaces abuts or is within fifteen (15) feet of the side or rear lot line of a lot in any residence district, said parking lot shall be screened from such adjoining lot by a substantial wall, • fence or thick hedge approved by the Planning Board. Generally, such screen shall be not less than four (4) feet nor more than eight (8) feet in height. (2) Whenever a parking area of over five (5) spaces is located across the street from other land in any residence district, it shall be screened from the view of such land by a thick hedge, wall or fence, approved by the Planning Board, located along a line drawn parallel to the street and a distance of twenty (20) feet therefrom, such screening to be interrupted only at points of ingress and egress. Generally, no such screening shall be less than four (4) feet nor more than six (6) feet in height. The open area between such screening and the street shall be land- scaped in harmony with the landscaping prevailing on neighboring properties fronting on the same street. Two (2) identification and directional signs located on the street side of such screening shall be permitted; however, . they shall not exceed an area of three (3) square feet each. L. Driveways. No driveway shall provide access to a lot located in another district, which lot is used for any use prohibited in the district in which such driveway is located. M. Parking for special exception uses. Notwithstanding any other provisions of this chapter, the Planning Board may increase • the parking requirements for special exception uses by up to one hundred, fifty percent (150%) of the minimum parking requirements if it determines that such additional parking requirements are necessary by reason of the nature of the use and/or the characteristics of the site. N. Traffic storage. All uses shall provide sufficient space on the same lot so that any storage lanes for traffic will be provided for and will not obstruct traffic or utilize public rights-of-way. 10113 5-25-91 § 100-191 SOUTHOLD CODE § 100-191 0. Illumination. Off-street parking areas should be adequately illuminated for convenience and safety, but no lighting for parking areas shall cause glare on adjoining properties. P. Connections between abutting parking areas. Where appropri- ate, the Planning Board may require paved connections between abutting parking areas in different ownerships so as to facilitate the flow of traffic. Q. Supplemental regulations for private garages and off-street parking- areas in residence districts. (1) Commercial vehicles. (a) One (1) commercial vehicle not exceeding twenty- five (25) feet in length may be parked in the driveway on an occupied lot in any residence district: [Amended 3-26-1991 by L.L. No. 6-1991] (b) One (1) commercial vehicle not exceeding twenty- five (25) feet in length may be parked within a private garage in any residence district. (c) Commercial farm vehicles are permitted as accesso- ry to a commercial farm use in any residence district. (2) Trailers and recreation vehicles. The storage or parking and use of a travel trailer or a recreation vehicle by any person or persons, except as hereinafter provided, is prohibited in all residential districts, except that: (a) The keeping or storing of one (1) camp -type travel trailer or recreation vehicle is permitted on a premises if it is either owned or rented by the • occupants of such premises and is not kept for purposes of sale or rental and is used solely for the personal use of such occupants. Such camp -type travel trailer or recreation vehicle shall not be occupied as living quarters at any time and shall be secured in place in the rear yard not nearer than fifteen (15) feet to a side or rear lot line or to the 10114 5-25-91 District MINIMUM LOT SIZE (square feet): Business, office, industrial or other nonresidential use Use with or without utilities 1 -family detached dwelling Residential unit without utilities Residential unit with community water Residential unit with community water and sewer 2 -family detached dwelling `L -family dwelling without utilities Town of Southold Density and Minimum Lot Size Schedule for Nonresidential Districts' [Added 1-10-89 by L.L. No. 1-19891 I.B IIB B Limited hamlet General Business Business Business 80,000 20,000 - 10,000 80,000 (iii) 20,000 (vii) NA NA 20,000 (vii) NA NA 10,000 (xi) NA 160,000 40,000 (ii) NA (xii) 2 -family dwelling with community water NA 40,000 (ii) LIO NA NA NA Light Industrial 1.1 M-1 M-11 Park/Planned Light Marine I Marine II Office Park Industrial 40,000 80,000 120,000 40,000 40,000 40,000 (vii) NA NA 20,000 20,000 (vii) NA NA 10,000 10,000 (xi) NA NA NA NA NA NA 2 -family dwelling with community water NA 40,000 (ii) NA NA NA NA NA 2 -family dwelling with community water and sewer NA 20,000 (vii) NA NA NA NA NA Multiple dwelling unit or townhouse' Multiple dwelling or townhouse without utilities NA 20,000 NA NA NA NA NA Multiple dwelling or townhouse with community water NA 20,000 NA NA NA NA NA Multiple dwelling or townhouse with community water and sewer NA 10,000 NA NA NA NA NA Motel, hotel or conference center guest unite Guest unit without utilities NA 6,000 6,000 NA 6,000 6,000 6,000 Guest unit with community water NA 6,000 6,000 NA 6,000 6,000 6,000 Guest unit with community water and sewer NA 4,000 4,000 NA 4,0003 6,000 4,000 KEY: NA = Not applicable. NOTES: ' Roman numerals refer to the applicable column in the Residential Bulk Schedule. 2 For multiple dwelling, hotel, motel and/or conference uses (where permitted), this table refers to minimum lot size per unit. Refer to the Residential Bulk Schedule for total lot size, yard and setback dimensions for the applicable district, unless more -restrictive requirements are indicated in the text of the chapter. 3 [Amended 8-1-89 by L.L. No. 14-1989] 10-25-89 SOUTHOLD SUPPLEMENTAL INDEX —A— APARTMENT Defined.......................................... 100-13 APARTMENT HOUSE Defined .......................................... 100-13 • —B— BOATS, DOCKS AND WHARVES Ramps........................................... 32-32.1 BOWRIDING Defined.......................................... 32-31 BUILDING PERMITS Site plan approval ................................. 100-252 _C_ CANS Defined.......................................... 4&1 CANVASSERS Defined.......................................... 69-1 See also PEDDLERS, SOLICITORS AND TRAN- SIENT RETAIL MERCHANTS CERTIFICATE OF OCCUPANCY Site plan approval ................................ 100-252 CHANNEL SYSTEM Defined.......................................... 32-31 COLLAPSED BUILDINGS, see UNSAFE BUILD- . INGS dAls DEFINITIONS Apartment.......................................100-13 • Bowriding ........... Apartment house ...................... 100-13 32-31 Cans............................................. 4&1 Canvassers ....................................... 69-1 Channel system ................................... 32-31 Fraternal organization ............................ 100-13 Glass............................................ 48-1 Habitable floor area . .............................. 100-13 Home professional office ........................... 100-13 Living area ...................................... 100-13 SI -1 5-25-91 SOUTHOLD SUPPLEMENTAL INDEX —D— Newspaper....................................... 48-1 Peddler.......................................... 69-1 Person........................................... 69-1 Plastics .......................................... 48-1 Recyclable....................................... 48-1 Recyclable wood .................................. 48-1 Solicitors ......................................... 69-1 • Transient retail business ........................... 69-1 DRAINAGE Site plan approval ................................ 100-252 DUST Peddlers, solicitors and transient retail merchants ... 69-10 —F— FEES Peddlers, solicitors and transient retail merchants ... 69-4,69-9 Site plan approval ................................ 100-256 FRATERNAL ORGANIZATION Defined .......................................... 100-13 Z0 GLASS Defined.......................................... 48-1 GUARANTIES Site plan approval ................................ 100-254 —H— HABITABLE FLOOR AREA Defined .......................................... 100-13 HEARINGS Peddlers, solicitors and transient retail merchants ... 69-11 • Site plan approval ................................ 100-254 HIGHWAY SPECIFICATIONS Construction specifications ............ . .......... A108-15.1 HOME PROFESSIONAL OFFICE Defined .......... 100-13 Noise ............................................ 100-31 Setbacks ......................................... 100-31 Signs............................................ 100-31 SI -2 5-25-91 SOUTHOLD SUPPLEMENTAL INDEX —H— Storage.......................................... 100-31 Zoning........................................... 100-31 —I— • INVESTIGATIONS Peddlers, solicitors and transient retail merchants ... 69-7 _L_ LANDSCAPING Site plan approval ................................ 100-252 LICENSES Peddlers, solicitors and transient retail merchants ... 69-1-69-13 LIGHTING Site plan approval ................................ 100-252 LIVING AREA Defined.......................................... 100-13 _M_ MERCHANTS, see PEDDLERS, SOLICITORS AND TRANSIENT RETAIL MERCHANTS —N— NEWSPAPER Defined.......................................... 48-1 NOISE Home professional office ........................... 100-31 Peddlers, solicitors and transient retail merchants .. 69-10 • .NOTICES .... Site plan approval ............................ 100-254 SZ OBSTRUCTIONS Peddlers, solicitors and transient retail merchants ... 69-10 OFF -STREET -PARKING AND LOADING Site plan approval ................................ 100-252 SI -3 5-25-91 SOUTHOLD SUPPLEMENTAL INDEX _P_ PEDDLER Defined.......................................... PEDDLERS, SOLICITORS AND TRANSIENT RE- TAIL MERCHANTS Canvassing for religious purposes .................. Definitions ....................................... Dust....................................... Exemptions ...................................... Fees............................................. Hearings.......................................... Investigations ..................................... Legislative intent ................................. Licenses.......................................... Noise............................................ Obstructions ...................................... Penalties for offenses .............................. Permitted activities ............................... Records .......................................... Registration ...................................... Restrictions ...................................... Sales............................................ Signs............................................ Vehicles.......................................... PENALTIES FOR OFFENSES Peddlers, solicitors and transient retail merchants ... PERSON Defined.......................................... PLASTICS Defined.......................................... —R— RAMPS Boats, docks and wharves ......................... RECORDS Peddlers, solicitors and transient retail merchants ... RECYCLABLE Defined.......................................... RECYCLABLE WOOD Defined.......................................... REGISTRATION Peddlers, solicitors and transient retail merchants ... 69-1 69-14 69-2 69-10 69-4 69-4,69-9 69-11 69-7 69-1 69-1-69-13 69-10 69-10 69-13 69-5 69-8 69-3,69-6 69-10 69-1-69-13 69-12 69-10 • 69-13 69-1 48-1 32-32.1 • 69-8 48-1 48-1 69-3,69-6 SI -4 5-25-91 • • SOUTHOLD SUPPLEMENTAL INDEX mm SALES Peddlers, solicitors and transient retail merchants ... 69-1 —69-13 SCREENING Site plan approval ................................ 100-252 SETBACKS Home professional office ........................... 100-31 SHELLFISH Vegetation removal prohibited ..................... 77-211.2 SIGNS . Home professional office ........................... 100-31 Peddlers, solicitors and transient retail merchants ... 69-12 SITE PLAN APPROVAL Applicability ..................................... 100-250 Application requirements .......................... 100-256 Approval of plan required ......................... 100-253 Building permits ................................. 100-252 Certificate of occupancy ........................... 100-252 Drainage ......................................... 100-252 Duration of plan .................................. 100-255 Fees ............................................. 100-256 Findings of fact .............................. 100-251 Guaranties ....................................... 100-254 Hearings .... :.................................... 100-254 Landscaping ..................................... 100-252 Lighting ......................... :............... 100-252 Notices .......................................... 100-254 Objectives .......................................... 100-252 Off-street parking and loading ..................... 100-252 Purpose .......................................... 100-251 Review procedure ................................. 100-254. Screening ........................................ 100-252 Utilities .......................................... 100-252 Variances ........................................ 100-254 Zoning ..............:............................ 100-250 — 100-256 SOLICITORS Defined................................69-1 See also PEDDLERS, SOLICITORS AND TRAN- SIENT RETAIL MERCHANTS STORAGE Home professional office ........................... 100-31 SI -5 5-25-91 SOUTHOLD SUPPLEMENTAL INDEX _T_ TRANSIENT MERCHANTS, see PEDDLERS, SO- LICITORS AND TRANSIENT RETAIL MER- CHANTS TRANSIENT RETAIL BUSINESS Defined.......................................... 69-1 _U_ UNSAFE BUILDINGS Unsafe premises prohibited ........................ 90-3 UTILITIES Site plan approval ................................ 100-252 WAS VARIANCES Site plan approval ................................ 100-254 VEHICLES Peddlers, solicitors and transient retail merchants ... 69-10 _z_ ZONING Home professional office ........................... 100-31 Site plan approval ................................ 100-250 — 100-256 • SI -6 5-25-91