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HomeMy WebLinkAbout1995 Code Supplement - 03/25/1995§ 100-31 ZONING § 100-31 (c) The existing one -family dwelling shall contain not less than one thousand six hundred (1,600) square feet of livable floor area. (d) The accessory apartment shall contain not less than four hundred fifty (450) square feet of livable floor area. (e) The accessory apartment shall not exceed forty percent (40%) of the livable floor area of the existing dwelling unit. M A minimum of three (3) off-street parking spaces shall be provided. (g) Not more than one (1) accessory apartment shall be permitted on a lot. (h) The • accessory apartment shall meet the requirements of a dwelling unit as defined in § 100-13 hereof. (i) The exterior entry to the accessory apartment shall, to the maximum extent possible, retain the existing exterior appearance of a one -family dwelling. (j) All exterior alterations to the existing building, except for access to the apartment, shall be made on the existing foundation. (k) The certificate of compliance shall terminate upon the transfer of title by the owner or upon the owner ceasing to occupy one (1) of the dwelling units as the owner's principal residence. In the event of an owner's demise, the occupant of an accessory apartment may continue in occupancy until a new owner shall occupy the balance of the dwelling or one (1) year from date of said demise, whichever shall first occur. [Amended 5-20-1993 by L.L. No. 6-1993] 10045 3-25-95 § 100-31 SOUTHOLD CODE § 100-31 (1) All conversions shall be subject to the inspection of the Building Inspector and renewal of the certificate of occupancy annually. [Amended 5-20-1993 by L.L. No. 6-1993] (m) The building which is converted to permit an accessory apartment shall be in existence and have a valid certificate of occupancy issued prior to January 1, 1984, or proof of occupancy prior to that date. [Amended 5-20-1993 by L.L. No. 6-19931 (n) The existing building, together with the accessory apartment, shall comply with all other requirements of Chapter 100 of the Town Code of the Town of Southold. (o) Notwithstanding the provisions of § 100-31B hereof, no site plan approval by the Planning Board shall be required for the establishment of an accessory apartment. (p) Approval by the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. (q) No bed -and -breakfast facilities, as authorized by § 100-31B(14) hereof, shall be permitted in or on premises for which an accessory apartment is authorized or exists. [Added 3-14-1989 by L.L. No. 3-19891 (14) [Amended 3-14-1989 by L.L. No. 3-1989; 2-7-1995 by L.L. No. 3-19951 Bed -and -breakfasts which have been issued a bed -and -breakfast permit by the Building Inspector. Said permit shall be issued for a term of one (1) year if the following conditions are met: (a) A smoke alarm shall be provided on each floor and in every guest room. 10046 3-25-85 r § 100-31 ZONING § 100-31 (b) The dwelling shall have at least two (2) exits and there shall be a window large enough for emergency egress in each guest room. (c) The identification sign shall be no larger than two (2) square feet in areas zoned Residential - Office or higher, but there shall be no exterior signage identifying the use as a bed -and - breakfast in residential areas. (d) No accessory apartment, as authorized by § 100-31B(13) hereof, shall be permitted in or on premises for which a bed -and -breakfast facility is authorized or exists. 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) [Amended 4-9-1991 by L.L. No. 10-1991; 7-28-1992 by L.L. No. 14-19921 Home occupation, including home professional office and home business office. In permitting these uses, the -Town Board recognizes that the residents historically have operated small businesses which provide services to the community from their homes. The Board finds that these businesses have not impacted negatively on the appearance of these residential zones. In the Board's judgment, it finds that in order to maintain the economic viability of the town, to maintain the rural quality of life and in the interests of the welfare of the residents, these businesses (or home occupations) should be permitted to continue. In setting forth the following subsections, the Board intends to permit as of right certain business uses in residential zones with the understanding that these uses are to be conducted in a manner that will not alter the character of the residential neighborhoods. The Board believes that the following subsections 10047 3-25-95 § 100-31 SOUTHOLD CODE § 100-31 provide sufficient safeguards to accomplish that aim. These uses shall be permitted, provided that: (a) No display of products shall be visible from the street, and no stock -in -trade shall be kept on the premises. (b) Such occupation is incidental to the residential use of the premises and is carried on in the main building by the residents therein with not more than one (1) nonresident assistant for whom off-street parking must be provided on site. (c) Such occupation is carried on in an area not to exceed twenty-five percent (25%) of the area of all floors of the main building, and in no event shall such use occupy more than five hundred (500) square feet of floor area. (d) There shall be no exterior effect at the property line, such as noise, traffic, odor, dust, smoke, gas, fumes or radiation. (e) Studios where dancing or music instruction is offered to groups in excess of five (5) pupils at one (1) time or where concerts or recitals are held are prohibited. (f) In no manner shall the appearance of the building be altered, nor shall the occupation be conducted in a manner that would cause the premises to lose its residential character, including but not limited to the use of colors, materials, construction or lighting. (g) Notwithstanding anything set forth elsewhere in this Article, home occupations, home business offices and home professional offices shall in no event be deemed to include animal hospitals, kennels, barbershops, beauty parlors, clinics or hospitals, mortuaries, nursery schools, clubs, auto repair shops, restaurants, tourist 10048 3-25-95 § 100-31 ZONING § 100-31 j 7 homes, rooming houses or boardinghouses and uses similar to those listed above. (Cont'd on page 10049) 10048.1 3-25-95 § 100-61 ZONING § 100-61 § 100-61. Use regulations. In the RR 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) Any permitted use set forth in and as regulated by § 100-31A of the Agricultural -Conservation District, except that wineries are excluded. [Amended 11-29-1994 by L.L. No. 26-1994] (2) Bed -and -breakfast uses as set forth in and as regulated by § 100-31B(14). [Added 2-1-1995 by L.L. No. 3-19951 B. [Amended 7-5-1989 by L.L. No. 13-1989; 8-1-1989 by L.L. No. 15-1989; 12-27-1994 by L.L. No. 30-1994; 2-7-1995 by L.L. No. 3-1995] 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 are subject to site plan approval by the Planning Board: (1) Any special exception use set forth in and as regulated by § 100-31B(1), (6), (7) and (13) of the Agricultural -Conservation District. (2) Marinas for the docking, mooring or accommodation of noncommercial boats. (3) Yacht clubs. (4) Transient hotels or motels, resort hotels or motels or conference facilities, provided that the following requirements are met: (a) Minimum parcel size shall be five (5) acres. (b) The maximum number of guest units shall be: 10069 3-25-95 § 100-61 SOUTHOLD CODE § 100-62 [1] One (1) unit per six thousand (6,000) square feet of land without public water or sewer. [2] One (1) unit per four thousand (4,000) square feet of land with public water and sewer. (c) No music, entertainment or loudspeaker system shall be audible from beyond the property line. (d) The maximum size of a guest unit shall be six hundred (600) square feet. (5) Tourist camps as regulated by Chapter 88, Tourist and Trailer Camps, of the Town Code. (6) Freestanding restaurants. C. [Amended 5-9-1989 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) Any accessory use set forth in and as regulated by § 100-31C(1) through (7) of the Agricultural - Conservation District. (2)1 Sanitary and laundry facilities. (3) Accessory uses set forth in and as regulated by § 100-42C(2) of the Hamlet Density Residential District. § 100-62. Bulk, area and parking regulations. Except as otherwise provided herein, no buildings or premises shall be used and no building or part thereof shall be 1 Editor's Note: Former Subsection C(2), which regulated signs, was repealed 11-29.1994 by L.L. No. 25-1994, which local law also renumbered former Subsections C(3) and C(4) as subsections C(2) and C(3), respectively. For current sign provisions, see Art. XX, Signs. 10070 3-25-95 J 7M- § 100-62 ZONING § 100-71 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 2 ARTICLE VII Residential Office (RO) District [Added 1-10-1989 by L.L. No. 1-19893] § 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. 2 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. 3 Editor's Note: This local law also repealed former Art. VII, B-1 General Business District, as amended. 10071 3-25-95 § 100-71 SOUTHOLD CODE § 100-71 (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 fundraising events, patriotic observances and catering for public and private functions. [Added 11-28-1989 by L.L. No. 22-19891 (4) Bed -and -breakfast uses as set forth in and as regulated by § 100-31B(14). [Added 2-7-1995 by L.L. No. 3-19951 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: (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)4 Libraries, museums or art galleries. (5)5 Apartments may be permitted over business and professional offices as regulated by § 100-91B(4)(a) through (f), inclusive. [Added 12-12-1989 by L.L. No. 23-19891 C. [Amended 5-9-1989 by L.L. No. 6-19891 Accessory uses. The following uses are permitted as accessory uses 4 Editor's Note: Former Subsection B(4), dealing with bed -and -breakfast uses, was repealed 2-7-1995 by L.L. No. 3-1995. This local law also provided for the renumbering of former Subsection B(5) and (6) as Subsection B(4) and (5), respectively. 5 Editor's Note: Former Subsection 13(6), regarding wineries, which was added 8-9-1989 by L.L. No. 15-1989 and immediately followed this subsection, was repealed 11-29-1994 by L.L. No. 26-1994. 10072 3-25-95 § 100-71 ZONING § 100-80 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 § 100-31C(1) through (7) of the Agricultural - Conservation District and subject to the conditions set forth in § 100-33 thereof. (2)6 Accessory uses set forth in and regulated by § 100-42C(2) 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.' ARTICLE VIII Limited Business (LB) District [Added 1-10-1989 by L.L. No. 1-198981 § 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 8 Editor's Note: Former Subsection C(2), which regulated signs, was repealed 11-29.1994 by L.L. No. 25-1994, which local law also renumbered former Subsection C(3) as Subsection C(2). For current sign provisions, see Art. x%, Signs. 7 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. 8 Editor's Note: This local law also repealed former Art. VIII, C Light Industrial District, as amended. 10073 3-25-95 § 100-80 SOUTHOLD CODE § 100-81 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, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. [Amended 11-29-1994 by L.L. No. 26-1994] (1) Any permitted use as set forth in and regulated by § 100-31A of the Agricultural -Conservation District except wineries, which shall be as set forth in Subsection A(2)(i) below. (2) The following uses are permitted uses subject to the site plan approval by the Planning Board: (a) Retail businesses complementary to the rural and historic character of the surrounding area, limited to the following: [1] Antique, art and craft shops and galleries. [2] Custom workshops and machine shops. [3] Wholesale or retail sale and accessory storage and display of garden materials 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. [4] Libraries or museums. 10074 3-25-95 § 100-81 ZONING § 100-81 (b) Professional and business offices. (c) Funeral homes. (d) Restaurants, except drive-in restaurants. (e) Personal service stores and shops, including barbershops, beauty parlors, professional studios and travel agencies. M Repair shops for household, business or personal appliances, including cabinet shops, carpenter shops, electrical shops, plumbing shops, furniture repair shops and bicycle and motorcycle shops, landscaping and other service businesses. (g) Wholesale and warehousing. (h) Retail uses supplemental to the service business establishment. (i) Wineries which meet the following standards: [1] Wineries shall be a farm winery licensed under New York State law from which wine made from primarily Long Island grapes is produced and sold. [2] Wineries shall obtain site plan approval. [3] Wineries shall have retail sales on site. (3) Bed -and -breakfast uses as set forth in and as regulated by § 100-31B(14). [Added 2-7-1995 by L.L. No. 3-19951 B. [Amended 8-1-1989 by L.L. No. 15-1989; 11-29-1994 by L.L. No. 26-1994; 2-7-1995 by L.L. No. 3-19951 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 are subject to site plan approval by the Planning Board: (1) Any special exception use as set forth in and regulated by § 100-31B of the Agricultural - 10075 3-25-95 § 100-81 SOUTHOLD CODE § 100-82 Conservation District, except that wineries are not required to be in connection with a vineyard, and except bed -and -breakfasts. C. [Amended 5-9-1989 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) Any accessory use as set forth in and regulated by § 100-31C(1) through (8) and (10) of the Agricultural -Conservation District, and subject to the conditions set forth in § 100-33 thereof. [Amended 11-29-1994 by L.L. No. 26-199418 § 100-82. Bulk, 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 LB 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.10 9 Editor's Note: Former Subsection C(2), which immediately followed this subsection and regulated signs, was repealed 11-29.1984 by L.L. No. 25-1994. For current sign provisions, see Art. xx, Signs. 10 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. 10076 3-25-95 § 100-90 ZONING § 100-91 ARTICLE IX Hamlet Business (HB) District [Added 1-10-1989 by L.L. No. 1-1989111 § 100-90. Purpose. The purpose of the Hamlet Business (HB) District is to provide for business development in the hamlet central business areas, including retail, office and service uses, public and semipublic uses, as well as hotel and motel and multifamily residential development that will support and enhance the retail development and provide a focus for the hamlet area. -! § 100-91. Use regulations. In the HB 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. [Amended 5-9-1989 by L.L. No. 6-1989; 5-16-1994 by L.L. No. 9-1994; 2-7-1995 by L.L. No. 3-19951 Permitted uses. The following are permitted uses and, except for those uses permitted under Subsection A(1), A(2) and A(19) hereof, are subject to site plan approval by the Planning Board: (1) Any permitted use set forth in and regulated by § 100-31A(1) and (3) of the Agricultural - Conservation District. (2) Any permitted uses as set forth in and as regulated by § 100-42A(2) of the Hamlet Residential District. (3) Boardinghouses and tourist homes. (4) Business, professional and governmental offices. (5) Banks and financial institutions. 11 Editor's Note: This local law also repealed former Art. Ix, C-1 General Industrial District, as amended. 10077 3-25-95 § 100-91 SOUTHOLD CODE § 100-91 (6) Retail stores. (7) Restaurants, excluding formula food and take-out restaurants. [Amended 5-16-1994 by L.L. No. 9-1994] (8) Bakeshops (for on -premises retail sale). (9) Personal service stores and shops, including barbershops, beauty parlors, professional studios and travel agencies. (10) Art, antique and auction galleries. (11) Artists' and craftsmen's workshops. (12) Auditoriums or meeting halls. (13) Repair shops for household, business or personal appliances, including cabinet shops, carpenter shops, electrical shops, plumbing shops, furniture repair shops and bicycle and motorcycle shops. (14) Custom workshops. (15) Bus or train stations. (16) Theaters or cinemas (other than outdoor). (17) Libraries or museums. (18) Laundromats. (19) Bed -and -breakfast uses as set forth in and as regulated by § 100-31B(14). 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 (13) and (14) of the Agricultural -Conservation District. (2) Multiple dwellings and townhouses. 10078 3-25-95 § 100-91 ZONING § 100-91 3 -� (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 three (3) acres. [Amended 7-31-1990 by L.L. No. 16-19901 (4) [Amended 12-12-1989 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 establish- ment 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 habitation, 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. (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. 10079 3-25-95 § 100-91 SOUTHOLD CODE § 100-91 (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 agreements, contracts, easements, covenants, deed restrictions or other legal instruments running in favor of the town as, upon recom- mendation 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, maintained 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) Boarding and/or tourist homes as set forth and regulated by § 100-61B(5) of the Resort Residential (RR) District. [Amended 2-7-1995 by L.L. No. 3-1995] (6) Fraternal or social institutional offices or meeting halls. (7) Drinking establishments. 10080 3-25-95 § 100-91 ZONING § 100-91 (8) Public garages. (9) Funeral homes. (10) (Reserved)" (11) [Added 5-16-1994 by L.L. No. 9-19941 Take-out and formula food restaurants, subject to the following requirements: (a) Adequate parking shall be provided in accordance with that required by Article XIX, Parking and Loading Areas, of this chapter. All parking spaces shall be located within reasonable walking distance of the site or three hundred (300) feet, whichever is less. The improvement or development of municipal parking may be used to satisfy this requirement. The adequacy of municipal parking shall be determined by the Planning Board as part of its site plan review procedure by conducting a parking survey of the capacity of the existing municipal parking area to accommodate the projected increase in usage due to the introduction of the subject land use. (b) An assessment of the potential traffic impacts of the proposed use must accompany the long environmental assessment form. The appropriate mitigation measures must be incorporated into the site plan. (c) There shall be no counter serving outdoor traffic via a drive-in, drive-through, drive -up, drive-by or walk-up window or door. (d) Exterior signage shall conform in all respects to Article XX, Signs, of this chapter and, further, may not be lit from within. 12 Editor's Note: Former Subsection B(10), wineries, amended 8.1-1989 by L.L. No. 15.1989, was repealed 11.26-1994 by L.L. No. 26-1994. 10081 3-25-95 § 100-91 SOUTHOLD CODE § 100-92 (e) Advertisements, including trademark logos, may not be affixed, painted or glued onto the windows of the business or onto any exterior structures, including waste disposal receptacles and flags. (f) The physical design, including color and use of materials, of the establishment shall be compatible with and sensitive to the visual and physical characteristics of other buildings, public spaces and uses in the particular location. C. [Amended 5-9-1989 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 subject to Article XX, are subject to site plan review: (1) Accessory uses as set forth in and regulated by § 100-31C(1) through (7) of the Agricultural - Conservation District, and subject to the conditions set forth in § 100-33 thereof.13 § 100-92. 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 HB 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 fu11.14 13 Editor's Note: Former Subsection C(2) and (3), which regulated signs, were repealed 11-29.1994 by L.L. No. 25.1994. For current sign provisions, see Art. xx, Signs. 14 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. 10082 3-25-95 I § 100-93 ZONING § 100-101 -a § 100-93. Uses confined to enclosed buildings. All uses permitted in the HB District, including the display and sale of merchandise and the storage of all property, except 7 living plants, shrubs and trees, shall be confined to fully enclosed buildings on the premises. ARTICLE X General Business (B) District [Added 1-10-1989 by L.L. No. 1-1989151 § 100-100. Purpose. The purpose of the General Business (B) District is to provide for retail and wholesale commercial development and limited office and industrial development outside of the hamlet central business areas, generally along major highways. It is designed to accommodate uses that benefit from large numbers of motorists, that need fairly large parcels of land and that may involve characteristics such as heavy trucking and noise. § 100-101. Use regulations. In the B District, no building or premises shall be used and no building or part thereof 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. [Amended 5-9-1989 by L.L. No. 6-19891 Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) hereof, are subject to site plan approval by the Planning Board: (1) Any permitted use set forth in and regulated by § 100-31A(2) and (3) of the Agricultural - Conservation District. 15 Editor's Note: This local law also repealed former Art. x, Tourist Camps, Camp Cottages and Trailers. 10083 3-25-95 § 100-101 SOUTHOLD CODE . § 100-101 (2) Any permitted use set forth in and regulated by ` f'-1--- zT R,�einnac Digfrict. 1.UU-:J1EI�.3) to (ia� U1 Laic iaua�i.a,".� [Amended 2-7-1995 by L.L. No. 3-19951 (3) Wholesale businesses, warehouses and building material storage and sale, but excluding storage of coal, coke, fuel oil or junk. (4) Building, electrical and plumbing contractors' businesses or yards. (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. (11) [Added 11-29-1994 by L.L. No. 26-19941 Wineries which meet the following standards: (a) It shall be a farm winery licensed under New York State law from which wine made from primarily Long Island grapes is produced and sold. (b) It shall obtain site plan approval. 10084 3-25-95 § 100-101 ZONING § 100-101 (c) It shall have retail sales on site. B. Uses permitted by special exception by the Board of J Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter (Cont'd on page 10085) 10084.1 3-25-95 § 100-131 ZONING § 100-131 (8) Wholesale and retail sales and repair of boats and marine items. (9) Boat building, boat servicing and boat storage facilities. (10) Restaurants. (11) Sauerkraut manufacturing plants. (12) Basic Utility Stage II airport, subject to the following conditions: (a) Minimum parcel size shall be one hundred (100) acres.16 C. [Amended 5-9-1989 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 on the same lot with and customarily incidental to any permitted or special exception use and not involving a separate business. (2)17 Fully enclosed storage facilities incidental to the principal use. (3) Open storage as set forth in and regulated by § 100-101C(2) of the General Business District. (4) Indoor and outdoor recreation facilities for the exclusive use of executives and employees of the principal use and their families. lb Editor's Note: Former Subsection B(13), dealing with bed -and -breakfast uses, which immediately followed this subsection, was repealed 2-7-1995 by L.L. No. 3-1995. Former Subsection B(14), wineries, which immediately followed former Subsection B(13), was repealed 11-29-1994 by L.L. No. 26-1994. 17 Editor's Note: Former Subsection C(2) and (3), which regulated signs, were repealed 11-29-1994 by L.L. No. 25-1994, which local law also renumbered former Subsection C(4) through (11) as Subsection C(2) through (9), respectively. For current provisions regarding signs, see Art. xx, Signs. 10096.3 3-25-95 § 100-131 SOUTHOLD CODE § 100-132 (5) In-service training schools for employees of the principal use. (6) Private garages for the storage and service of motor vehicles owned by the owner of the principal use or the executives or employees thereof, or visitors thereto, including the sale of them, but not to the public generally of gasoline, oil and minor accessories. (7) Central heating and power plants accessory to the principal use and the service of all structures on the premises. (8) Maintenance and utility shops incidental to the principal use. (9) Off-street parking and loading. Said areas shall not be nearer than fifty (50) feet to any lot line or street and, if generally adjacent to any street or any residence district, shall be suitably screened by a landscaped strip of at least ten (10) feet in width. § 100-132. 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 LIO Light Industrial Park/Planned Office Park 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.18 18 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. 10096.4 3-25-95 7 § 100-140 - ZONING § 100-141 ARTICLE XIV19 Light Industrial (LI) District [Added 1-10-1989 by L.L. No. 1-19891 § 100-140. Purpose. The purpose of the Light Industrial (LI) District is to provide 7 an opportunity for business and industrial uses on smaller lots than would be appropriate for the LIO Light Industrial Park/Planned Office Park District. 1 7 § 100-141. Use regulations. A In the LI District, no building or premises shall be used and 7 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 purpose except the following: A. [Amended 5-9-1989 by L.L. No. 6-19891 Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) hereof, are subject to site plan approval by the Planning Board: (1) Any permitted uses set forth in and as regulated by § 100-31A(2) and (3) of the Agricultural - Conservation District. (2) Any permitted uses set forth in and as regulated by § 100-131A(2) to (5) of the Light Industrial Park/Planned Office Park District. (3) Wineries as regulated by § 100-101A(11). [Added 11-29-1994 by L.L. No. 26-19941 B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the Planning Board: 19 Editor's Note: Former Art. XIV, Administration and Enforcement, was renumbered as Art. %XVIII 1-10-1989 by L.L. No. 1-1989. 10096.5 3-25-95 § 100-141 SOUTHOLD CODE § 100-142 (1) Any special exception use set forth in and as regulated by § 100-131B(1) to (11) of the Light Industrial Park/Planned Office Park District .20 C. [Amended 5-9-1989 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 on the same lot with and customarily incidental to any permitted or special exception use and not involving a separate business. (2)21 Accessory uses as set forth in and as regulated by § 100-131C(5) through (8) of the Light Industrial Park/Planned Office Park District. § 100-142. 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 LI Light Industrial 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 " 20 Editor's Note: Former Subsection B(2), dealing with bed and breakfast uses, which immediately followed this subsection, was repealed 2.7.1995 by L.L. No. 3-1995. Former Subsection B(3), wineries, which immediately followed former Subsection B(2), was repealed 11.29-1994 by L.L. No. 26.1994. 21 Editor's Note: Former Subsection C(2) and (3), which regulated signs, were repealed 11-29-1994 by L.L. No. 25-1994, which local law also renumbered former Subsection C(4) as C(2). For current sign provisions, see Art. xx, Signs. 22 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. 10096.6 3-25-95 § 100-271 ZONING § 100-272 § 100-271. Powers and duties. In addition to such powers as may be conferred upon it by law, the Board of Appeals shall have the following powers: A. Appeals: to hear and decide appeals from and review any order, requirement, decision or determination made by the Building Inspector. B. Variances: Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these regulations, the Board of Appeals shall have the power to vary or modify the application of such regulations so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. C. Special exceptions, special permits and other approvals: Whenever a use or the location thereof is permitted only if the Board of Appeals shall approve thereof, the Board of Appeals may, in a specific case and after notice and public hearing, authorize such permitted use and its location within the district in which this chapter specifies the permitted use may be located. D. Interpretations: on appeal from an order, decision or determination of an administrative officer or on request of any town officer, board or agency, to decide any of the following: (1) Determine the meaning of any provision in this chapter or of any condition or requirement specified or made under the provisions of this chapter. (2) Determine the exact location of any district boundary shown on the Zoning Map. § 100-272. Additional conditions and safeguards. In deciding any matter before it, the Board of Appeals may impose such conditions and safeguards as it deems necessary or 10164.1 3-25-95 § 100-272 SOUTHOLD CODE § 100-274 appropriate to preserve and protect the spirit and the objectives of this chapter. § 100-273. Rules of conduct and procedure. The Board of Appeals shall, consistent with the law, determine its own rules of conduct and procedure. § 100-274. Fees. [Amended 2-11-1990 by L.L. No. 29-1990; 11-24-1992 by L.L. No. 30-19921 Applications to the Board of Appeals for any relief herein shall be accompanied by a fee as hereinafter provided: A. For applications involving fences, accessory structures or accessory buildings, alterations or additions containing less than two hundred (200) square feet in floor area, the fee shall be one hundred fifty dollars ($150.). B. For all other applications, including those involving commercial property, containing a single request [for example, an application requesting one (1) variance or an application requesting a special exception], the fee shall be four hundred dollars ($400.), except that the fee for a special exception for a bed -and -breakfast shall be two hundred fifty dollars ($250.). [Amended 2-7-1995 by L.L. No. 3-19951 C. For applications containing more than one (1) request, such as an application requesting an area variance and a width variance, the fee shall be six hundred dollars ($600.). D. For applications for interpretations on appeal from an order, decision or determination of an administrative officer, the fee shall be two hundred dollars ($200.) for each section of the Town Code for which an interpretation is requested. 10164.2 3-25-95 10164.3 3-25-95 7 § 100-274 ZONING § 100-275 E. For applications for variances from Town Law § 280-a (rights-of-way), the fee shall be two hundred fifty dollars ($250.). 7 F. For applications for rehearings, the fee shall be the same as the fee charged for the original application. -! G. For applications for public entertainment and special 7 events permits, the fee shall be fifty dollars ($50.). [Added 11-29-1994 by L.L. No. 26-1994] § 100-275. Notice of hearing. A. In all cases where the Board of Appeals is required to hold a public hearing, in addition to the notice of such hearing required by law, a written notice containing the following information shall be sent by the person 7 petitioning such Board, or his agent, by either certified or registered mail, to every owner of property immediately adjacent thereto. In the event that any petitioner owns or has any interest in any property immediately adjacent to the property which is the subject of such petition, then written notice shall also be given to the owners of the property adjacent to such other property of the petitioner. For the purpose of this section, the words "owner" or "property owner" mean the owner as shown on the current assessment roll of the Town of Southold. The notice required by this section shall be mailed by the petitioner, or his agent, (Cont'd on page 10165) 7 10164.3 3-25-95 § 100-281 ZONING § 100-281 (h) Demolition and/or removal and/or relocation of any building: fifteen dollars ($15.) minimum and ten cents ($0.10) for each square foot in excess of three hundred (300) square feet of floor area. (i) Bed -and -breakfast permit and inspection: one hundred dollars ($100.) for the initial annual permit and fifty dollars ($50.) per timely annual renewal. [Added 2-7-1995 by L.L. No. 3-19951 (2) For the purposes of this Subsection J, cellars, decks, attached garages and any habitable area shall be included in the calculation of floor area. (3) Notwithstanding the foregoing, no fee shall be required of or paid by taxing entities or districts, including but not limited to fire districts, school districts, park districts and the like. [Added 9-26-1989 by L.L. No. 20-1989] (Cont'd on page 10171) 10170.1 3-25-95 § 100-31 ZONING § 100-31 (c) The existing one -family dwelling shall contain not less than one thousand six hundred (1,600) square feet of livable floor area. (d) The accessory apartment shall contain not less than four hundred fifty (450) square feet of livable floor area. (e) The accessory apartment shall not exceed forty percent (40%) of the livable floor area of the existing dwelling unit. (f) A minimum of three (3) off-street parking spaces shall be provided. (g) Not more than one (1) accessory apartment shall be permitted on a lot. (h) The accessory apartment shall meet the requirements of a dwelling unit as defined in § 100-13 hereof. (i) The exterior entry to the accessory apartment shall, to the maximum extent possible, retain the existing exterior appearance of a one -family dwelling. (j) All exterior alterations to the existing building, except for access to the apartment, shall be made on the existing foundation. (k) The certificate of compliance shall terminate upon the transfer of title by the owner or upon the owner ceasing to occupy one (1) of the dwelling units as the owner's principal residence. In the event of an owner's demise, the occupant of an accessory apartment may continue in occupancy until a new owner shall occupy the balance of the dwelling or one (1) year from date of said demise, whichever shall first occur. [Amended 5-20-1993 by L.L. No. 6-1993] 10045 3-25-95 § 100-31 SOUTHOLD CODE § 100-31 (1) All conversions shall be subject to the inspection of the Building Inspector and renewal of the certificate of occupancy annually. [Amended 5-20-1993 by L.L. No. 6-19931 (m) The building which is converted to permit an accessory apartment shall be in existence and have a valid certificate of occupancy issued prior to January 1, 1984, or proof of occupancy prior to that date. [Amended 5-20-1993 by L.L. No. 6-19931 (n) The existing building, together with the accessory apartment, shall comply with all other requirements of Chapter 100 of the Town Code of the Town of Southold. (o) Notwithstanding the provisions of § 100-31B hereof, no site plan approval by the Planning Board shall be required for the establishment of an accessory apartment. (p) Approval by the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. (q) No bed -and -breakfast facilities, as authorized by § 100-31B(14) hereof, shall be permitted in or on premises for which an accessory apartment is authorized or exists. [Added 3-14-1989 by L.L. No. 3-19891 (14) [Amended 3-14-1989 by L.L. No. 3-1989; 2-7-1995 by L.L. No. 3-19951 Bed -and -breakfasts which have been issued a bed -and -breakfast permit by the Building Inspector. Said permit shall be issued for a term of one (1) year if the following conditions are met: (a) A smoke alarm shall be provided on each floor and in every guest room. 10046 3-25-95 § 100-31 ZONING § 100-31 (c) The existing one -family dwelling shall contain not less than one thousand six hundred (1,600) square feet of livable floor area. (d) The accessory apartment shall contain not less than four hundred fifty (450) square feet of livable floor area. (e) The accessory apartment shall not exceed forty percent (40%) of the livable floor area of the existing dwelling unit. (f) A minimum of three (3) off-street parking spaces shall be provided. (g) Not more than one (1) accessory apartment shall be permitted on a lot. (h) The accessory apartment shall meet the requirements of a dwelling unit as defined in § 100-13 hereof. (i) The exterior entry to the accessory apartment shall, to the maximum extent possible, retain the existing exterior appearance of a one -family dwelling. (j) All exterior alterations to the existing building, except for access to the apartment, shall be made on the existing foundation. (k) The certificate of compliance shall terminate upon the transfer of title by the owner or upon the owner ceasing to occupy one (1) of the dwelling units as the owner's principal residence. In the event of an owner's demise, the occupant of an accessory apartment may continue in occupancy until a new owner shall occupy the balance of the dwelling or one (1) year from date of said demise, whichever shall first occur. [Amended 5-20-1993 by L.L. No. 6-1993] 10045 3-25-95 § 100-31 SOUTHOLD CODE § 100-31 (1) All conversions shall be subject to the inspection of the Building Inspector and renewal of the certificate of occupancy annually. [Amended 5-20-1993 by L.L. No. 6-19931 (m) The building which is converted to permit an accessory apartment shall be in existence and have a valid certificate of occupancy issued prior to January 1, 1984, or proof of occupancy prior to that date. [Amended 5-20-1993 by L.L. No. 6-19931 (n) The existing building, together with the accessory apartment, shall comply with all other requirements of Chapter 100 of the Town Code of the Town of Southold. (o) Notwithstanding the provisions of § 100-31B hereof, no site plan approval by the Planning Board shall be required for the establishment of an accessory apartment. (p) Approval by the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. (q) No bed -and -breakfast facilities, as authorized by § 100-31B(14) hereof, shall be permitted in or on premises for which an accessory apartment is authorized or exists. [Added 3-14-1989 by L.L. No. 3-19891 (14) [Amended 3-14-1989 by L.L. No. 3-1989; 2-7-1995 by L.L. No. 3-19951 Bed -and -breakfasts which have been issued a bed -and -breakfast permit by the Building Inspector. Said permit shall be issued for a term of one (1) year if the following conditions are met: (a) A smoke alarm shall be provided on each floor and in every guest room. 10046 3-25-95 § 100-31 ZONING § 100-31 (b) The dwelling shall have at least two (2) exits and there shall be a window large enough for emergency egress in each guest room. (c) The identification sign shall be no larger than two (2) square feet in areas zoned Residential - Office or higher, but there shall be no exterior signage identifying the use as a bed -and - breakfast in residential areas. (d) No accessory apartment, as authorized by § 100-31B(13) hereof, shall be permitted in or on premises for which a bed -and -breakfast facility is authorized or exists. 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) [Amended 4-9-1991 by L.L. No. 10-1991; 7-28-1992 by L.L. No. 14-19921 Home occupation, including home professional office and home business office. In permitting these uses, the Town Board recognizes that the residents historically have operated small businesses which provide services to the community from their homes. The Board finds that these businesses have not impacted negatively on the appearance of these residential zones. In the Board's judgment, it finds that in order to maintain the economic viability of the town, to maintain the rural quality of life and in the interests of the welfare of the residents, these businesses (or home occupations) should be permitted to continue. In setting forth the following subsections, the Board intends to permit as of right certain business uses in residential zones with the understanding that these uses are to be conducted in a manner that will not alter the character of the residential neighborhoods. The Board believes that the following subsections 10047 3-25-95 § 100-31 SOUTHOLD CODE § 100-31 provide sufficient safeguards to accomplish that aim. These uses shall be permitted, provided that: (a) No display of products shall be visible from the street, and no stock -in -trade shall be kept on the premises. (b) Such occupation is incidental to the residential use of the premises and is carried on in the main building by the residents therein with not more than one (1) nonresident assistant for whom off-street parking must be provided on site. (c) Such occupation is carried on in an area not to exceed twenty-five percent (25%) of the area of all floors of the main building, and in no event shall such use occupy more than five hundred (500) square feet of floor area. (d) There shall be no exterior effect at the property line, such as noise, traffic, odor, dust, smoke, gas, fumes or radiation. (e) Studios where dancing or music instruction is offered to groups in excess of five (5) pupils at one (1) time or where concerts or recitals are held are prohibited. (f) In no manner shall the appearance of the building be altered, nor shall the occupation be conducted in a manner that would cause the premises to lose its residential character, including but not limited to the use of colors, materials, construction or lighting. (g) Notwithstanding anything set forth elsewhere in this Article, home occupations, home business offices and home professional offices shall in no event be deemed to include animal hospitals, kennels, barbershops, beauty parlors, clinics or hospitals, mortuaries, nursery schools, clubs, auto repair shops, restaurants, tourist 10048 3-25-95 § 100-31 ZONING § 100-31 J 7 homes, rooming houses or boardinghouses and uses similar to those listed above. (Cont'd on page 10049) 10048.1 3-25-95 3 § 100-61 ZONING § 100-61 J 7 § 100-61. Use regulations. In the RR District, no building or premises shall be used and J no building or part of a building shall be erected or altered 7 which is arranged, intended or designed to be used, in whole or in part, for any use except the following: A. Permitted uses. (1) Any permitted use set forth in and as regulated by § 100-31A of the Agricultural -Conservation District, except that wineries are excluded. [Amended 11-29-1994 by L.L. No. 26-1994] (2) Bed -and -breakfast uses as set forth in and as regulated by § 100-31B(14). [Added 2-7-1995 by L.L. No. 3-19951 B. [Amended 7-5-1989 by L.L. No. 13-1989; 8-1-1989 by L.L. No. 15-1989; 12-27-1994 by L.L. No. 30-1994; 2-7-1995 by L.L. No. 3-19951 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 are subject to site plan approval by the Planning Board: (1) Any special exception use set forth in and as regulated by § 100-31B(1), (6), (7) and (13) of the Agricultural -Conservation District. (2) Marinas for the docking, mooring or accommodation of noncommercial boats. (3) Yacht clubs. (4) Transient hotels or motels, resort hotels or motels or conference facilities, provided that the following requirements are met: (a) Minimum parcel size shall be five (5) acres. (b) The maximum number of guest units shall be: 10069 3-25-95 § 100-61 SOUTHOLD CODE § 100-62 [1] One (1) unit per six. thousand (6,000) square feet of land without public water or sewer. [2] One (1) unit per four thousand (4,000) square feet of land with public water and sewer. (c) No music, entertainment or loudspeaker system shall be audible from beyond the property line. (d) The maximum size of a guest unit shall be six hundred (600) square feet. (5) Tourist camps as regulated by Chapter 88, Tourist and Trailer Camps, of the Town Code. (6) Freestanding restaurants. C. [Amended 5-9-1989 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) Any accessory use set forth in and as regulated by § 100-31C(1) through (7) of the Agricultural - Conservation District. (2)1 Sanitary and laundry facilities. (3) Accessory uses set forth in and as regulated by § 100-42C(2) of the Hamlet Density Residential District. § 100-62. Bulk, area and parking regulations. Except as otherwise provided herein, no buildings or premises shall be used and no building or part thereof shall be L Editor's Note: Former Subsection C(2), which regulated signs, was repealed I1-29-1994 by L.L. No. 25.1994, which local law also renumbered former Subsections C(3) and C(4) as Subsections C(2) and C(3), respectively. For current sign provisions, see Art. XX, Signs. 10070 3-25-95 § 100-62 ZONING § 100-71 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 2 ARTICLE VII Residential Office (RO) District [Added 1-10-1989 by L.L. No. 1-19893] § 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. 2 Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking and Loading Schedules are in H 100.191 and 100-192. 3 Editor's Note: This local law also repealed former Art. VII, B-1 General Business District, as amended. 10071 3-25-95 § 100-71 SOUTHOLD CODE § 100-71 (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 fundraising events, patriotic observances and catering for public and private functions. [Added 11-28-1989 by L.L. No. 22-19891 (4) Bed -and -breakfast uses as set forth in and as regulated by § 100-31B(14). [Added 2-7-1995 by L.L. No. 3-19951 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: (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)4 Libraries, museums or art galleries. (5)5 Apartments may be permitted over business and professional offices as regulated by § 100-91B(4)(a) through (f), inclusive. [Added 12-12-1989 by L.L. No. 23-19891 C. [Amended 5-9-1989 by L.L. No. 6-19891 Accessory uses. The following uses are permitted as accessory uses 4 Editor's Note: Former Subsection B(4), dealing with bed -and -breakfast uses, was repealed 2-7-1995 by L.L. No. 3.1995. This local law also provided for the renumbering of former Subsection B(5) and (6) as Subsection B(4) and (5), respectively. 5 Editor's Note: Former Subsection B(6), regarding wineries, which was added 8.9.1989 by L.L. No. 15.1989 and immediately followed this subsection, was repealed 11-29.1994 by L.L. No. 26-1994. 10072 3-25-95 § 100-71 ZONING § 100-80 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 § 100-31C(1) through (7) of the Agricultural - Conservation District and subject to the conditions set forth in § 100-33 thereof. (2)6 Accessory uses set forth in and regulated by § 100-42C(2) 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.' ARTICLE VIII Limited Business (LB) District [Added 1-10-1989 by L.L. No. 1-19898] § 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 7 6 Editor's Note: Former Subsection C(2), which regulated signs, was repealed 11.29-1994 by L.L. No. 25-1994, which local law also renumbered former Subsection C(3) as Subsection C(2). For current sign provisions, see Art. xx, Signs. 7 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. 6 Editor's Note: This local law also repealed former Art. VIII, C Light Industrial District, as amended. 10073 3-25-95 J 7 § 100-80 SOUTHOLD CODE § 100-81 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, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. [Amended 11-29-1994 by L.L. No. 26-1994] (1) Any permitted use as set forth in and regulated by § 100-31A of the Agricultural -Conservation District except wineries, which shall be as set forth in Subsection A(2)(i) below. (2) The following uses are permitted uses subject to the site plan approval by the Planning Board: (a) Retail businesses complementary to the rural and historic character of the surrounding area, limited to the following: [1] Antique, art and craft shops and galleries. [2] Custom workshops and machine shops. [31 Wholesale or retail sale and accessory storage and display of garden materials 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. [4] Libraries or museums. 10074 3-25-95 § 100-81 ZONING § 100-81 (b) Professional and business offices. (c) Funeral homes. (d) Restaurants, except drive-in restaurants. (e) Personal service stores and shops, including barbershops, beauty parlors, professional studios and travel agencies. M Repair shops for household, business or personal appliances, including cabinet shops, carpenter shops, electrical shops, plumbing shops, furniture repair shops and bicycle and motorcycle shops, landscaping and other service businesses. (g) Wholesale and warehousing. (h) Retail uses supplemental to the service business establishment. (i) Wineries which meet the following standards: [1] Wineries shall be a farm winery licensed under New York State law from which wine made from primarily Long Island grapes is produced and sold. [2] Wineries shall obtain site plan approval. [3] Wineries shall have retail sales on site. (3) Bed -and -breakfast uses as set forth in and as regulated by § 100-31B(14). [Added 2-7-1995 by L.L. No. 3-19951 B. [Amended 8-1-1989 by L.L. No. 15-1989; 11-29-1994 by L.L. No. 26-1994; 2-7-1995 by L.L. No. 3-19951 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 are subject to site plan approval by the Planning Board: (1) Any special exception use as set forth in and regulated by § 100-31B of the Agricultural - 10075 3-25-95 § 100-81 SOUTHOLD CODE § 100-82 Conservation District, except that wineries are not required to be in connection with a vineyard, and except bed -and -breakfasts. C. [Amended 5-9-1989 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) Any accessory use as set forth in and regulated by § 100-31C(1) through (8) and (10) of the Agricultural -Conservation District, and subject to the conditions set forth in § 100-33 thereof. [Amended 11-29-1994 by L.L. No. 26-199419 § 100-82. Bulk, 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 LB 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.lo 9 Editor's Note: Former Subsection C(2), which immediately followed this subsection and regulated signs, was repealed 11-29.1994 by L.L. No. 25-1994. For current sign provisions, see Art. xx, Signs. 10 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. 10076 3-25-95 § 100-90 ZONING § 100-91 ARTICLE IX Hamlet Business (HB) District [Added 1-10-1989 by L.L. No. 1-198911] § 100-90. Purpose. The purpose of the Hamlet Business (HB) District is to provide for business development in the hamlet central business areas, including retail, office and service uses, public and semipublic uses, as well as hotel and motel and multifamily residential development that will support and enhance the retail development and provide a focus for the hamlet area. -W § 100-91. Use regulations. In the HB 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. [Amended 5-9-1989 by L.L. No. 6-1989; 5-16-1994 by L.L. No. 9-1994; 2-7-1995 by L.L. No. 3-19951 Permitted uses. The following are permitted uses and, except for those uses permitted under Subsection A(1), A(2) and A(19) hereof, are subject to site plan approval by the Planning Board: (1) Any permitted use set forth in and regulated by § 100-31A(1) and (3) of the Agricultural - Conservation District. (2) Any permitted uses as set forth in and as regulated by § 100-42A(2) of the Hamlet Residential District. (3) Boardinghouses and tourist homes. (4) Business, professional and governmental offices. (5) Banks and financial institutions. 11 Editor's Note: This local law also repealed former Art. Ix. C-1 General Industrial District, as amended. 10077 3-25-95 § 100-91 SOUTHOLD CODE § 100-91 (6) Retail stores. (7) Restaurants, excluding formula food and take-out restaurants. [Amended 5-16-1994 by L.L. No. 9-1994] (8) Bakeshops (for on -premises retail sale). (9) Personal service stores and shops, including barbershops, beauty parlors, professional studios and travel agencies. (10) Art, antique and auction galleries. (11) Artists' and craftsmen's workshops. (12) Auditoriums or meeting halls. (13) Repair shops for household, business or personal appliances, including cabinet shops, carpenter shops, electrical shops, plumbing shops, furniture repair shops and bicycle and motorcycle shops. (14) Custom workshops. (15) Bus or train stations. (16) Theaters or cinemas (other than outdoor). (17) Libraries or museums. (18) Laundromats. (19) Bed -and -breakfast uses as set forth in and as regulated by § 100-31B(14). 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 (13) and (14) of the Agricultural -Conservation District. (2) Multiple dwellings and townhouses. 10078 3-25-95 § 100-91 ZONING § 100-91 (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 three (3) acres. [Amended 7-31-1990 by L.L. No. 16-19901 (4) [Amended 12-12-1989 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 establish- ment 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 habitation, 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. (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. 10079 3-25-95 § 100-91 SOUTHOLD CODE § 100-91 (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 agreements, contracts, easements, covenants, deed restrictions or other legal instruments running in favor of the town as, upon recom- mendation 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, maintained 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) Boarding and/or tourist homes as set forth and regulated by § 100-61B(5) of the Resort Residential (RR) District. [Amended 2-7-1995 by L.L. No. 3-1995] (6) Fraternal or social institutional offices or meeting halls. (7) Drinking establishments. 10080 3-25-95 § 100-91 ZONING § 100-91 (8) Public garages. (9) Funeral homes. (10) (Reserved)" (11) [Added 5-16-1994 by L:L. No. 9-1994] Take-out and formula food restaurants, subject to the following requirements: (a) Adequate parking shall be provided in accordance with that required by Article XIX, Parking and Loading Areas, of this chapter. All parking spaces shall be located within reasonable walking distance of the site or three hundred (300) feet, whichever is less. The improvement or development of municipal parking may be . used to satisfy this requirement. The adequacy of municipal. parking shall be determined by the Planning Board as part of its site plan review procedure by conducting a parking survey of the capacity of the existing municipal parking area to accommodate the projected increase in usage due to the introduction of the subject land use. (b) An assessment of the potential traffic impacts of the proposed use must accompany the long environmental assessment form. The appropriate mitigation measures must be incorporated into the site plan. (c) There shall be no counter serving outdoor traffic via a drive-in, drive-through, drive -up, drive-by or walk-up window or door. (d) Exterior signage shall conform in all respects to Article XX, Signs, of this chapter and, further, may not be lit from within. 12 Editor's Note: Former Subsection 1](10), wineries, amended 8-1-1989 by L.L. No. 15.1989, was repealed 11-26-1994 by L.L. No. 26.1994. 10081 3-25-95 § 100-91 SOUTHOLD CODE § 100-92 (e) Advertisements, including trademark logos, may not be affixed, painted or glued onto the windows of the business or onto any exterior structures, including waste disposal receptacles and flags. (f) The physical design, including color and use of materials, of the establishment shall be compatible with and sensitive to the visual and physical characteristics of other buildings, public spaces and uses in the particular location. C. [Amended 5-9-1989 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 subject to Article XX, are subject to site plan review: (1) Accessory uses as set forth in and regulated by § 100-31C(1) through (7) of the Agricultural - Conservation District, and subject to the conditions set forth in § 100-33 thereof.13 § 100-92. 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 HB 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 fu11.14 13 Editor's Note: Former Subsection C(2) and (3), which regulated signs, were repealed 11-29-1994 by L.L. No. 25-1994. For current sign provisions, see Art. xx, Signs. 14 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. 10082 3-25-95 § 100-93 ZONING § 100-101 § 100-93. Uses confined to enclosed buildings. All uses permitted in the HB District, including the display and sale of merchandise and the storage of all property, except living plants, shrubs and trees, shall be confined to fully enclosed buildings on the premises. ARTICLE X General Business (B) District [Added 1-10-1989 by L.L. No. 1-19891x1 § 100-100. Purpose. The purpose of the General Business (B) District is to provide for retail and wholesale commercial development and limited office and industrial development outside of the hamlet central business areas, generally along major highways. It is designed to accommodate uses that benefit from large numbers of motorists, that need fairly large parcels of land and that may involve characteristics such as heavy trucking and noise. § 100-101. Use regulations. In the B District, no building or premises shall be used and no building or part thereof 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. [Amended 5-9-1989 by L.L. No. 6-19891 Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) hereof, are subject to site plan approval by the Planning Board: (1) Any permitted use set forth in and regulated by § 100-31A(2) and (3) of the Agricultural - Conservation District. 15 Editor's Note: This local law also repealed former Art. %, Tourist Camps, Camp Cottages and Trailers. 10083 3-25-95 § 100-101 SOUTHOLD CODE § 100-101 (2) Any permitted use set forth in and regulated by § 100-91A(3) to (19) of the Hamlet Business District. [Amended 2-7-1995 by L.L. No. 3-19951 (3) Wholesale businesses, warehouses and building material storage and sale, but excluding storage of coal, coke, fuel oil or junk. (4) Building, electrical and plumbing contractors' businesses or yards. (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. (11) [Added 11-29-1994 by L.L. No. 26-19941 Wineries which meet the following standards: (a) It shall be a farm winery licensed under New York State law from which wine made from primarily Long Island grapes is produced and sold. (b) It shall obtain site plan approval. 10084 3-25-95 § 100-101 ZONING § 100-101 (c) It shall have retail sales on site. 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 (Cont'd on page 10085) 10084.1 3-25-95 § 100-131 ZONING § 100-131 (8) Wholesale and retail sales and repair of boats and marine items. (9) Boat building, boat servicing and boat storage facilities. (10) Restaurants. (11) Sauerkraut manufacturing plants. (12) Basic Utility Stage II airport, subject to the following conditions: (a) Minimum parcel size shall be one hundred (100) acres.16 C. [Amended 5-9-1989 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 on the same lot with and customarily incidental to any permitted or special exception use and not involving a separate business. (2)17 Fully enclosed storage facilities incidental to the principal use. (3) Open storage as set forth in and regulated by § 100-101C(2) of the General Business District. (4) Indoor and outdoor recreation facilities for the exclusive use of executives and employees of the principal use and their families. 16 Editor's Note: Former Subsection B(13), dealing with bed -and -breakfast uses, which immediately followed this subsection, was repealed 2.7-1995 by L.L. No. 3-1995. Former Subsection B(14), wineries, which immediately followed former Subsection B(13), was repealed 11-29-1994 by L.L. No. 26-1994. 17 Editor's Note: Former Subsection C(2) and (3), which regulated signs, were repealed 11.29.1994 by L.L. No. 25.1994, which local law also renumbered former Subsection C(4) through (11) as Subsection C(2) through (9), respectively. For current provisions regarding signs, see Art. x%, Signs. 10096.3 3-25-95 § 100-131 SOUTHOLD CODE § 100-132 (5) In-service training schools for employees of the principal use. (6) Private garages for the storage and service of motor vehicles owned by the owner of the principal use or the executives or employees thereof, or visitors thereto, including the sale of them, but not to the public generally of gasoline, oil and minor accessories. (7) Central heating and power plants accessory to the principal use and the service of all structures on the premises. (8) Maintenance and utility shops incidental to the principal use. (9) Off-street parking and loading. Said areas shall not be nearer than fifty (50),feet to any lot line or street and, if generally adjacent to any street or any residence district, shall be suitably screened by a landscaped strip of at least ten (10) feet in width. § 100-132. 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 LIO Light Industrial Park/Planned Office Park 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.18 18 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. 10096.4 3-25-95 i § 100-140 ZONING § 100-141 -� ARTICLE XIV19 Light Industrial (LI) District # [Added 1-10-1989 by L.L. No. 1-19891 7 § 100-140. Purpose. ' The purpose of the Light Industrial (LI) District is to provide an opportunity for business and industrial uses on smaller lots than would be appropriate for the LIO Light Industrial Park/Planned Office Park District. ■ § 100-141. Use regulations. -� In the LI 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 purpose except the following: 7 A. [Amended 5-9-1989 by L.L. No. 6-1989] Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) hereof, 7 are subject to site plan approval by the Planning Board: (1) Any permitted uses set forth in and as regulated by § 100-31A(2) and (3) of the Agricultural - Conservation District. . (2) Any permitted uses set forth in and as regulated by i § 100-131A(2) to (5) of the Light Industrial Park/Planned Office Park District. (3) Wineries as regulated by § 100-101A(11). [Added 11-29-1994 by L.L. No. 26-1994] B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the -- Planning Board: 19 Editor's Note. Former Art. XIV, Administration and Enforcement, was renumbered as Art. XXVM 1-10.1989 by L.L. No. 1-1989. 10096.5 3-25-95 § 100-141 SOUTHOLD CODE § 100-142 (1) Any special exception use set forth in and as regulated by § 100-131B(1) to (11) of the Light Industrial Park/Planned Office Park District.20 C. [Amended 5-9-1989 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 on the same lot with and customarily incidental to any permitted or special exception use and not involving a separate business. (2)21 Accessory uses as set forth in and as regulated by § 100-131C(5) through (8) of the Light Industrial Park/Planned Office Park District. § 100-142. 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 LI Light Industrial 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 6111.22 20 Editor's Note: Former Subsection B(2), dealing with bed and breakfast uses, which immediately followed this subsection, was repealed 2-7-1995 by L.L. No. 3-1995. Former Subsection B(3), wineries, which immediately followed former Subsection B(2), was repealed 11-29-1994 by L.L. No. 29.1994. 21 Editor's Note: Former Subsection C(2) and (3), which regulated signs, were repealed 11-29.1994 by L.L. No. 25-1994, which local law also renumbered former Subsection C(4) as C(2). For current sign provisions, see Art. xx, Signs. 22 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. 10096.6 3-25-95 § 100-271 ZONING § 100-271. Powers and duties. § 100-272 In addition to such powers as may be conferred upon it by law, the Board of Appeals shall have the following powers: A. Appeals: to hear and decide appeals from and review any order, requirement, decision or determination made by the Building Inspector. B. Variances: Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these regulations, the Board of Appeals shall have the power to vary or modify the application of such regulations so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. C. Special exceptions, special permits and other approvals: Whenever a use or the location thereof is permitted only if the Board of Appeals shall approve thereof, the Board of Appeals may, in a specific case and after notice and public hearing, authorize such permitted use and its location within the district in which this chapter specifies the permitted use may be located. D. Interpretations: on appeal from an order, decision or determination of an administrative officer or on request of any town officer, board or agency, to decide any of the following: (1) Determine the meaning of any provision in this chapter or of any condition or requirement specified or made under the provisions of this chapter. (2) Determine the exact location of any district boundary shown on the Zoning Map. § 100-272. Additional conditions and safeguards. In deciding any matter before it, the Board of Appeals may impose such conditions and safeguards as it deems necessary or 10164.1 3-25-95 § 100-272 SOUTHOLD CODE § 100-274 appropriate to preserve and protect the spirit and the objectives of this chapter. § 100-273. Rules of conduct and procedure. The Board of Appeals shall, consistent with the law, determine its own rules of conduct and procedure. § 100-274. Fees. [Amended 2-11-1990 by L.L. No. 29-1990; 11-24-1992 by L.L. No. 30-19921 Applications to the Board of Appeals for any relief herein shall be accompanied by a fee as hereinafter provided: A. For applications involving fences, accessory structures or accessory buildings, alterations or additions containing less than two hundred (200) square feet in floor area, the fee shall be one hundred fifty dollars ($150.). B. For all other applications, including those involving commercial property, containing a single request [for example, an application requesting one (1) variance or an application requesting a special exception], the fee shall be four hundred dollars ($400.), except that the fee for a special exception for a bed -and -breakfast shall be two hundred fifty dollars ($250.). [Amended 2-7-1995 by L.L. No. 3-19951 C. For applications containing more than one (1) request, such as an application requesting an area variance and a width variance, the fee shall be six hundred dollars ($600.). D. For applications for interpretations on appeal from an order, decision or determination of an administrative officer, the fee shall be two hundred dollars ($200.) for each section of the Town Code for which an interpretation is requested. 10164.2 3-25-85 § 100-274 ZONING § 100-275 E. For applications for variances from Town Law § 280-a (rights-of-way), the fee shall be two hundred fifty dollars ($250.). F. For applications for rehearings, the fee shall be the same as the fee charged for the original application. G. For applications for public entertainment and special events permits, the fee shall be fifty dollars ($50.). [Added 11-29-1994 by L.L. No. 26-19941 § 100-275. Notice of hearing. A. In all cases where the Board of Appeals is required to hold a public hearing, in addition to the notice of such hearing required by law, a, written notice containing the following information shall be sent by the person petitioning such Board, or his agent, by either certified or registered mail, to every owner of property immediately adjacent thereto. In the event that any petitioner owns or has any interest in any property immediately adjacent to the property which is the subject of such petition, then written notice shall also be given to the owners of the property adjacent to such other property of the petitioner. For the purpose of this section, the words "owner" or "property owner" mean the owner as shown on the current assessment roll of the Town of Southold. The notice required by this section shall be mailed by the petitioner, or his agent, (Cont'd on page 10165) 10164.3 3-25-95 § 100-281 ZONING § 100-281 (h) Demolition and/or removal and/or relocation of any building: fifteen dollars ($15.) minimum and ten cents ($0.10) for each square foot in excess of three hundred (300) square feet of floor area. (i) Bed -and -breakfast permit and inspection: one hundred dollars ($100.) for the initial annual permit and fifty dollars ($50.) per timely annual renewal. [Added 2-7-1995 by L.L. No. 3-19951 (2) For the purposes of this Subsection J, cellars, decks, attached garages and any habitable area shall be included in the calculation of floor area. (3) Notwithstanding the foregoing, no fee shall be required of or paid by taxing entities or districts, including but not limited to fire districts, school districts, park districts and the like. [Added 9-26-1989 by L.L. No. 20-1989] (Cont'd on page 10171) 10170.1 3-25-95 § 100-31 ZONING § 100-31 (c) The existing one -family dwelling shall contain not less than one thousand six hundred (1,600) square feet of livable floor area. (d) The accessory apartment shall contain not less than four hundred fifty (450) square feet of livable floor area. (e) The accessory apartment shall not exceed forty percent (40%) of the livable floor area of the existing dwelling unit. (f) A minimum of three (3) off-street parking spaces shall be provided. (g) Not more than one (1) accessory apartment shall be permitted on a lot. (h) The accessory apartment shall meet the requirements of a dwelling unit as defined in § 100-13 hereof. (i) The exterior entry to the accessory apartment shall, to the maximum extent possible, retain the existing exterior appearance of a one -family dwelling. (j) All exterior alterations to the existing building, except for access to the apartment, shall be made on the existing foundation. (k) The certificate of compliance shall terminate upon the transfer of title by the owner or upon the owner ceasing to occupy one (1) of the dwelling units as the owner's principal residence. In the event of an owner's demise, the occupant of an accessory apartment may continue in occupancy until a new owner shall occupy the balance of the dwelling or one (1) year from date of said demise, whichever shall first occur. [Amended 5-20-1993 by L.L. No. 6-1993] 10045 3-25-95 § 100-31 SOUTHOLD CODE § 100-31 (1) All conversions shall be subject to the inspection of the Building Inspector and renewal of the certificate of occupancy annually. [Amended 5-20-1993 by L.L. No. 6-19931 (m) The building which is converted to permit an accessory apartment shall be in existence and have a valid certificate of occupancy issued prior to January 1, 1984, or proof of occupancy prior to that date. [Amended 5-20-1993 by L.L. No. 6-1993] (n) The existing building, together with the accessory apartment, shall comply with all other requirements of Chapter 100 of the Town Code of the Town of Southold. (o) Notwithstanding the provisions of § 100-31B hereof, no site plan approval by the Planning Board shall be required for the establishment of an accessory apartment. (p) Approval by the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. (q) No bed -and -breakfast facilities, as authorized by § 100-31B(14) hereof, shall be permitted in or on premises for which an accessory apartment is authorized or exists. [Added 3-14-1989 by L.L. No. 3-19891 (14) [Amended 3-14-1989 by L.L. No. 3-1989; 2-7-1995 by L.L. No. 3-1995] Bed -and -breakfasts which have been issued a bed -and -breakfast permit by the Building Inspector. Said permit shall be issued for a term of one (1) year if the following conditions are met: (a) A smoke alarm shall be provided on each floor and in every guest room. 10046 3-25-95 § 100-31 ZONING § 100-31 (b) The dwelling shall have at least two (2) exits and there shall be a window large enough for emergency egress in each guest room. (c) The identification sign shall be no larger than - two (2) square feet in areas zoned Residential - Office or higher, but there shall be no exterior signage identifying the use as a bed -and - breakfast in residential areas. (d) No accessory apartment, as authorized by § 100-31B(13) hereof, shall be permitted in or on premises for which a bed -and -breakfast facility is authorized or exists. 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) [Amended 4-9-1991 by L.L. No. 10-1991; 7-28-1992 by L.L. No. 14-19921 Home occupation, including home professional office and home business office. In permitting these uses, the Town Board recognizes that the residents historically have operated small businesses which provide services to the community from their homes. The Board finds that these businesses, have not impacted negatively on the appearance of these residential zones. In the Board's judgment, it finds that in order to maintain the economic viability of the town, to maintain the rural quality of life and in the interests of the welfare of the residents, these businesses (or home occupations) should. be permitted to continue. In setting forth the following subsections, the Board intends to permit as of right certain business uses in residential zones with the understanding that these uses are to be conducted in a manner that will not alter the character of the residential neighborhoods. The Board believes that the following subsections 10047 3-25-95 § 100-31 SOUTHOLD CODE § 100-31 provide sufficient safeguards to accomplish that aim. These uses shall be permitted, provided that: (a) No display of products shall be visible from the street, and no stock -in -trade shall be kept on the premises. (b) Such occupation is incidental to the residential use of the premises and is carried on in the main building by the residents therein with not more than one (1) nonresident assistant for whom off-street parking must be provided on site. (c) Such occupation is carried on in an area not to exceed twenty-five percent (25%) of the area of all floors of the main building, and in no event shall such use occupy more than five hundred (500) square feet of floor area. (d) There shall be no exterior effect at the property line, such as noise, traffic, odor, dust, smoke, gas, fumes or radiation. (e) Studios where dancing or music instruction is offered to groups in excess of five (5) pupils at one (1) time or where concerts or recitals are held are prohibited. (f) In no manner shall the appearance of the building be altered, nor shall the occupation be conducted in a manner that would cause the premises to lose its residential character, including but not limited to the use of colors, materials, construction or lighting. (g) Notwithstanding anything set forth elsewhere in this Article, home occupations, home business offices and home professional offices shall in no event be deemed to include animal hospitals, kennels, barbershops, beauty parlors, clinics or hospitals, mortuaries, nursery schools, clubs, auto repair shops, restaurants, tourist 10048 3-25-95 J 7 § 100-31 ZONING § 100-31 J -� homes, rooming houses or boardinghouses and uses similar to those listed above. (Cont'd on page 10049) 10048.1 3-25-95 § 100-61 ZONING § 100-61 § 100-61. Use regulations. In the RR 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) Any permitted use set forth in and as regulated by § 100-31A of the Agricultural -Conservation District, except that wineries are excluded. [Amended 11-29-1994 by L.L. No. 26-19941 (2) Bed -and -breakfast uses as set forth in and as regulated by § 100-31B(14). [Added 2-7-1995 by L.L. No. 3-19951 B. [Amended 7-5-1989 by L.L. No. 13-1989; 8-1-1989 by L.L. No. 15-1989; 12-27-1994 by L.L. No. 30-1994; 2-7-1995 by L.L. No. 3-19951 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 are subject to site plan approval by the Planning Board: (1) Any special exception use set forth in and as regulated by § 100-31B(1), (6), (7) and (13) of the Agricultural -Conservation District. (2) Marinas for the docking, mooring or accommodation of noncommercial boats. (3) Yacht clubs. (4) Transient hotels or motels, resort hotels or motels or conference facilities, provided that the following requirements are met: (a) Minimum parcel size shall be five (5) acres. (b) The maximum number of guest units shall be: 10069 3-25-95 § 100-61 SOUTHOLD CODE § 100-62 [1] One (1) unit per six thousand (6,000) square feet of land without public water or sewer. [2] One (1) unit per four thousand (4,000) square feet of land with public water and sewer. (c) No music, entertainment or loudspeaker system shall be audible from beyond the property line. (d) The maximum size of a guest unit shall be six hundred (600) square feet. (5) Tourist camps as regulated by Chapter 88, Tourist and Trailer Camps, of the Town Code. (6) Freestanding restaurants. C. [Amended 5-9-1989 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)1 Sanitary and laundry facilities. (3) Accessory uses set forth in and as regulated by § 100-42C(2) of the Hamlet Density Residential District. § 100-62. Bulk, area and parking regulations. Except as otherwise provided herein, no buildings or premises shall be used and no building or part thereof shall be 1 Editor's Note: Former Subsection C(2), which regulated signs, was repealed 11-29-1994 by L.L. No. 25.1994, which local law also renumbered former Subsections CM and C(4) as Subsections C(2) and C(3), respectively. For current sign provisions, see Art. XX, Signs. 10070 3-25-95 § 100-62 ZONING § 100-71 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 fu11.2 ARTICLE VII Residential Office (RO) District [Added 1-10-1989 by L.L. No. 1-19893] § 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. 2 Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Z Parking and Loading Schedules are in H 100-191 and 100.192. 3 Editor's Note: This local law also repealed former Art. VII, B-1 General Business District, as amended. J 7 10071 3-25-95 J 7 § 100-71 SOUTHOLD CODE § 100-71 (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 fundraising events, patriotic observances and catering for public and private functions. [Added 11-28-1989 by L.L. No. 22-19891 (4) Bed -and -breakfast uses as set forth in' and as regulated by § 100-31B(14). [Added 2-7-1995 by L.L. No. 3-19951 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: (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)4 Libraries, museums or art galleries. (5)5 Apartments may be permitted over business and professional offices as regulated by § 100-91B(4)(a) through (f), inclusive: [Added 12-12-1989 by L.L. No. 23-19891 C. [Amended 5-9-1989 by L.L. No. 6-19891 Accessory uses. The following uses are permitted as accessory uses 4 Editor's Note: Former Subsection B(4), dealing with bed -and -breakfast uses, was repealed 2.7-1995 by L.L. No. 3.1995. This local law also provided for the renumbering of former Subsection B(5) and (6) as Subsection B(4) and (5), respectively. 5 Editor's Note: Former Subsection B(6), regarding wineries, which was added 8-9-1989 by L.L. No. 15.1989 and immediately followed this subsection, was repealed 11-29-1994 by L.L. No. 26-1994. 10072 3-25-95 § 100-71 ZONING § 100-80 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 § 100-31C(1) through (7) of the Agricultural - Conservation District and subject to the conditions set forth in § 100-33 thereof. (2)e Accessory uses set forth in and regulated by § 100-42C(2) 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 fu11.7 ARTICLE VIII Limited Business (LB) District [Added 1-10-1989 by L.L. No. 1-19895] § 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 0 Editor's Note: Former Subsection C(2), which regulated signs, was repealed 11-29.1994 by L.L. No. 25-1994, which local law also renumbered former Subsection C(3) as Subsection C(2). For current sign provisions, see Art. B%, Signs. 7 Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking and Loading Schedules are in H 100-191 and 100-192. 8 Editor's Note: This local law also repealed former Art. VIII, C Light Industrial District, as amended. 10073 3-25-95 § 100-80 SOUTHOLD CODE § 100-81 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, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. [Amended 11-29-1994 by L.L. No. 26-1994] (1) Any permitted use as set forth in and regulated by § 100-31A of the Agricultural -Conservation District except wineries, which shall be as set forth in Subsection A(2)(i) below. (2) The following uses are permitted uses subject to the site plan approval by the Planning Board: (a) Retail businesses complementary to the rural and historic character of the surrounding area, limited to the following: [1] Antique, art and craft shops and galleries. [2] Custom workshops and machine shops. [3] Wholesale or retail sale and accessory storage and display of garden materials 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. [4] Libraries or museums. 10074 3-25-95 § 100-81 ZONING § 100-81 (b) Professional and business offices. (c) Funeral homes. (d) Restaurants, except drive-in restaurants. (e) Personal service stores and shops, including barbershops, beauty parlors, professional studios and travel agencies. (f) Repair shops for household, business or personal appliances, including cabinet shops, carpenter shops, electrical shops, plumbing shops, furniture repair shops and bicycle and motorcycle shops, landscaping and other service businesses. (g) Wholesale and warehousing. (h) Retail uses supplemental to the service business establishment. (i) Wineries which meet the following standards: [1] Wineries shall be a farm winery licensed under New York State law from which wine made from primarily Long Island grapes is produced and sold. [2] Wineries shall obtain site plan approval. [3] Wineries shall have retail sales on site. (3) Bed -and -breakfast uses as set forth in and as regulated by § 100-31B(14). [Added 2-7-1995 by L.L. No. 3-19951 B. [Amended 8-1-1989 by L.L. No. 15-1989; 11-29-1994 by L.L. No. 26-1994; 2-7-1995 by L.L. No. 3-19951 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 are subject to site plan approval by the Planning Board: (1) Any special exception use as set forth in and regulated by § 100-31B of the Agricultural - 10075 3-25-95 § 100-81 SOUTHOLD CODE § 100-82 Conservation District, except that wineries are not required to be in connection with a vineyard, and except bed -and -breakfasts. C. [Amended 5-9-1989 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 as set forth in and regulated by § 100-31C(1) through (8) and (10) of the Agricultural -Conservation District, and subject to the conditions set forth in § 100-33 thereof. [Amended 11-29-1994 by L.L. No. 26-199419 § 100-82. Bulk, 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 LB 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.lo 9 Editor's Note: Former Subsection C(2), which immediately followed this subsection and regulated signs, was repealed 11-29.1994 by L.L. No. 25-1994. For current sign provisions, see Art. xx, Signs. 10 Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking and Loading Schedules are in H 100-191 and 100-192. 10076 3-25-95 § 100-90 ZONING § 100-91 in –e ARTICLE IX Hamlet Business (HB) District [Added 1-10-1989 by L.L. No. 1-1989111 7 § 100-90. Purpose. The purpose of the Hamlet Business (HB) District is to provide for business development in the hamlet central business areas, including retail, office and service uses, public and semipublic uses, as well as hotel and motel and multifamily 3 residential development that will support and enhance the retail development and provide a focus for the hamlet area. PV] -, § 100-91. Use regulations. In the HB 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. [Amended 5-9-1989 by L.L. No. 6-1989; 5-16-1994 by L.L. No. 9-1994; 2-7-1995 by L.L. No. 3-19951 Permitted uses. The following are .permitted uses and, except for those uses permitted under Subsection A(1), A(2) and A(19) hereof, are subject to site plan approval by the Planning Board: (1) Any permitted use set forth in and regulated by § 100-31A(1) and (3) of the Agricultural - Conservation District. (2) Any permitted uses as set forth in and as regulated by § 100-42A(2) of the Hamlet Residential District. (3) Boardinghouses and tourist homes. (4) Business, professional and governmental offices. (5) Banks and financial institutions. 11 Editor's Note: This local law also repealed former Art. Ix, C-1 General Industrial District, as amended. 10077 3-25-95 § 100-91 SOUTHOLD CODE § 100-91 (6) Retail stores. (7) Restaurants, excluding formula food and take-out restaurants. [Amended 5-16-1994 by L.L. No. 9-1994] (8) Bakeshops (for on -premises retail sale). (9) Personal service stores and shops, including barbershops, beauty parlors, professional studios and travel agencies. (10) Art, antique and auction galleries. (11) Artists' and craftsmen's workshops. (12) Auditoriums or meeting halls. (13) Repair shops for household, business or personal appliances, including cabinet shops, carpenter shops, electrical shops, plumbing shops, furniture repair shops and bicycle and motorcycle shops. (14) Custom workshops. (15) Bus or train stations. (16) Theaters or cinemas (other than outdoor). (17) Libraries or museums. (18) Laundromats. (19) Bed -and -breakfast uses as set forth in and as regulated by § 100-31B(14). 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 (13) and (14) of the Agricultural -Conservation District. (2) Multiple dwellings and townhouses. 10078 3-25-95 § 100-91 ZONING § 100-91 (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 three (3) acres. [Amended 7-31-1990 by L.L. No. 16-19901 (4) [Amended 12-12-1989 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 establish- ment 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 habitation, 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. (d) Each apartment, or common hallway servicing two (2) or three (3) apai tments, shall have a separate access to the outside of the building, which must be distinct from the access to uses on the first floor. 10079 3-25-95 § 100-91 SOUTHOLD CODE § 100-91 (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 agreements, contracts, easements, covenants, deed restrictions or other legal instruments running in favor of the town as, upon recom- mendation 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, maintained 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) Boarding and/or tourist homes as set forth and regulated by § 100-61B(5) of the Resort Residential (RR) District. [Amended 2-7-1995 by L.L. No. 3-1995] (6) Fraternal or social institutional offices or meeting halls. (7) Drinking establishments. 10080 3-25-95 § 100-91 ZONING § 100-91 (8) Public garages. (9) Funeral homes. (10) (Reserved)12 (11) [Added 5-16-1994 by L.L. No. 9-1994] Take-out and formula food restaurants, subject to the following requirements: (a) Adequate parking shall be provided in accordance with that required by Article XIX, Parking and Loading Areas, of this chapter. All parking spaces shall be located within reasonable walking distance of the site or three hundred (300) feet, whichever is less. The improvement or development of municipal parking may be used to satisfy this requirement. The adequacy of municipal parking shall be determined by the Planning Board as 'part of its site plan review procedure by conducting a parking survey of the capacity of the existing municipal parking area to accommodate the projected increase in usage due to the introduction of the subject land use. (b) An assessment of the potential traffic impacts of the proposed use must accompany the long environmental assessment form. The appropriate mitigation measures must be incorporated into the site plan. (c) There shall be no counter serving outdoor traffic via a drive-in, drive-through, drive -up, drive-by or walk-up window or door. (d) Exterior signage shall conform in all respects to Article XX, Signs, of this chapter and, further, may not be lit from within. 12 Editor's Note: Former Subsection B(10), wineries, amended 8-1.1989 by L.L. No. 15.1989, was repealed 11-26-1994 by L.L. No. 26-1994. 10081 3-25-95 § 100-91 SOUTHOLD CODE § 100-92 (e) Advertisements, including trademark logos, may not be affixed, painted or glued onto the windows of the business or onto any exterior structures, including waste disposal receptacles and flags. (f) The physical design, including color and use of materials, of the establishment shall be compatible with and sensitive to the visual and physical characteristics of other buildings, public spaces and uses in the particular location. C. [Amended 5-9-1989 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 subject to Article XX, are subject to site plan review: (1) Accessory uses as set forth in and regulated by § 100-31C(1) through (7) of the Agricultural - Conservation District, and subject to the conditions set forth in § 100-33 thereof.13 § 100-92. 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 HB 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 fu11.14 13 Editor's Note: Former Subsection C(2) and (3), which regulated signs, were repealed 11-29-1994 by L.L. No. 25.1994. For current sign provisions, see Art. xx, signs. 14 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. 10082 3-25-95 J § 100-93 ZONING § 100-101 —� § 100-93. Uses confined to enclosed buildings. All uses permitted in the HB District, including the display and sale of merchandise and the storage of all property, except living plants, shrubs and trees, shall be confined to fully enclosed buildings on the premises. ARTICLE X General Business (B) District [Added 1-10-1989 by L.L. No. 1-1989151 § 100-100. Purpose. The purpose of the General Business (B) District is to provide for retail and wholesale commercial development and limited office and industrial development outside of the hamlet central business areas, generally along major highways. It is designed to accommodate uses that benefit from large numbers of motorists, that need fairly large parcels of land and that may involve characteristics such as heavy trucking and noise. § 100-101. Use regulations. In the B District, no building or premises shall be used and no building or part thereof 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. [Amended 5-9-1989 by L.L. No. 6-1989] Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) hereof, are subject to site plan approval by the Planning Board: (1) Any permitted use set forth in and regulated by § 100-31A(2) and (3) of the Agricultural - Conservation District. 15 Editor's Note: This local law also repealed former Art. x, Tourist Camps, Camp Cottages and Trailers. 10083 3-25-95 § 100-101 SOUTHOLD CODE § 100-101 (2) Any permitted use set forth in and regulated by § 100-91A(3) to (19) of the Hamlet Business District. [Amended 2-7-1995 by L.L. No. 3-19951 (3) Wholesale businesses, warehouses and building material storage and sale, but excluding storage of coal, coke, fuel oil or junk. (4) Building, electrical and plumbing contractors' businesses or yards. (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. (11) [Added 11-29-1994 by L.L. No. 26-19941 Wineries which meet the following standards: (a) It shall be a farm winery licensed under New York State law from which wine made from primarily Long Island grapes is produced and sold. (b) It shall obtain site plan approval. 10084 3-25-95 § 100-101 ZONING § 100-101 _J (c) It shall have retail sales on site. 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 (Cont'd on page 10085) 7 2 J 7 J 7 J 7 J 7 10084.1 3-25-95 J 7 § 100-131 ZONING § 100-131 (8) Wholesale and retail sales and repair of boats and marine items. (9) Boat building, boat servicing and boat storage facilities. (10) Restaurants. (11) Sauerkraut manufacturing plants. (12) Basic Utility Stage II airport, subject to the following conditions: (a) Minimum parcel size shall be one hundred (100) acres. 16 C. [Amended 5-9-1989 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 on the same lot with and customarily incidental to any permitted or special exception use and not involving a separate business. (2)17 Fully enclosed storage facilities incidental to the principal use. (3) Open storage as set forth in and regulated by § 100-101C(2) of the General Business District. (4) Indoor and outdoor recreation facilities for the exclusive use of executives and employees of the principal use and their families. 19 Editor's Note: Former Subsection B(13), dealing with bed -and -breakfast uses, which immediately followed this subsection, was repealed 2-7-1995 by L.L. No. 3-1995. Former Subsection B(14), wineries, which immediately followed former Subsection B(13), was repealed 11-29.1994 by L.L. No. 266.1994. 17 Editor's Note: Former Subsection C(2) and (3), which regulated signs, were repealed 11-29.1994 by L.L. No. 25-1994, which local law also renumbered former Subsection C(4) through (11) as Subsection C(2) through (9), respectively. For current provisions regarding signs, see Art. xx, Signs. 10096.3 3-25-95 § 100-131 SOUTHOLD CODE § 100-132 (5) In-service training schools for employees of the principal use. (6) Private garages for the storage and service of motor vehicles owned by the owner of the principal use or the executives or employees thereof, or visitors thereto, including the sale of them, but not to the public generally of gasoline, oil and minor accessories. (7) Central heating and power plants accessory to the principal use and the service of all structures on the premises. (8) Maintenance and utility shops incidental to the principal use. (9) Off-street parking and loading. Said areas shall not be nearer than fifty (50) feet to any lot line or street and, if generally adjacent to any street or any residence district, shall be suitably screened by a landscaped strip of at least ten (10) feet in width. § 100-132. 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 LIO Light Industrial Park/Planned Office Park 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.18 18 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. 10096.4 3-25-95 A 7 § 100-140 ZONING § 100-141 -i ARTICLE XIV19 Light Industrial (LI) District j [Added 1-10-1989 by L.L. No. 1-19891 -9 § 100-140. Purpose. 3 The purpose of the Light Industrial (LI) District is to provide an opportunity for business and industrial uses on smaller lots than would be appropriate for the LIO Light Industrial Park/Planned Office Park District. § 100-141. Use regulations. In the LI 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 purpose except the following: A. [Amended 5-9-1989 by L.L. No. 6-19891 Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) hereof, are subject to site plan approval by the Planning Board: (1) Any permitted uses set forth in and as regulated by j § 100-31A(2) and (3) of the Agricultural - Conservation District. (2) Any permitted uses set forth in and as regulated by # § 100-131A(2) to (5) of the Light Industrial Park/Planned Office Park District. (3) Wineries as regulated by § 100-101A(11). [Added 11-29-1994 by L.L. No. 26-19941 B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the Planning Board: 19 Editor's Note: Former Art. XIV, Administration and Enforcement, was renumbered as Art. XXVM 1-10-1989 by L.L. No. 1.1989. 10096.5 3-25-95 § 100-141 SOUTHOLD CODE § 100-142 (1) Any special exception use set forth in and as regulated by § 100-131B(1) to (11) of the Light Industrial Park/Planned Office Park District.20 C. [Amended 5-9-1989 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) Accessory uses on the same lot with and customarily incidental to any permitted or special exception use and not involving a separate business. (2)21Accessory uses as set forth in and as regulated by § 100-131C(5) through (8) of the Light Industrial Park/Planned Office Park District. § 100-142. 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 LI Light Industrial 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 fu11.22 20 Editor's Note: Former Subsection B(2), dealing with bed and breakfast uses, which immediately followed this subsection, was repealed 2-7-1995 by L.L. No. 3-1995. Former Subsection B(3), wineries, which immediately followed former Subsection B(2), was repealed 11-29-1994 by L.L. No. 26.1994. 21 Editor's Note: Former Subsection C(2) and (3), which regulated signs, were repealed 11-29-1994 by L.L. No. 25-1994, which local law also renumbered former Subsection C(4) as C(2). For current sign provisions, see Art. %x, Signs. 22 Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking and Loading Schedules are in H 100-191 and 100-192. 10096.6 3-25-95 § 100-271 ZONING § 100-272 § 100-271. Powers and duties. In addition to such powers as may be conferred upon it by law, the Board of Appeals shall have the following powers: A. Appeals: to hear and decide appeals from and review any order, requirement, decision or determination made by the Building Inspector. B. Variances: Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these regulations, the Board of Appeals shall have the power to vary or modify the application of such regulations so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. C. Special exceptions, special permits and other approvals: Whenever a use or the location thereof is permitted only if the Board of Appeals shall approve thereof, the Board of Appeals may, in a specific case and after notice and public hearing, authorize such permitted use and its location within the district in which this chapter specifies the permitted use may be located. D. Interpretations: on appeal from an order, decision or determination of an administrative officer or on request of any town officer, board or agency, to decide any of the following: (1) Determine the meaning of any provision in this chapter or of any condition or requirement specified or made under the provisions of this chapter. (2) Determine the exact location of any district boundary shown on the Zoning Map. § 100-272. Additional conditions and safeguards. In deciding any matter before it, the Board of Appeals may impose such conditions and safeguards as it deems necessary or 10164.1 3-25-95 § 100-272 SOUTHOLD CODE § 100-274 appropriate to preserve and protect the spirit and the objectives of this chapter. § 100-273. Rules of conduct and procedure. The Board of Appeals shall, consistent with the law, determine its own rules of conduct and procedure. § 100-274. Fees. [Amended 2-11-1990 by L.L. No. 29-1990; 11-24-1992 by L.L. No. 30-19921 Applications to the Board of Appeals for any relief herein shall be accompanied by a fee as hereinafter provided: A. For applications involving fences, accessory structures or accessory buildings, alterations or additions containing less than two hundred (200) square feet in floor area, the fee shall be one hundred fifty dollars ($150.). B. For all other applications, including those involving commercial property, containing a single request [for example, an application requesting one (1) variance or an application requesting a special exception], the fee shall be four hundred dollars ($400.), except that the fee for a special exception for a bed -and -breakfast shall be two hundred fifty dollars ($250.). [Amended 2-7-1995 by L.L. No. 3-19951 C. For applications containing more than one (1) request, such as an application requesting an area variance and a width variance, the fee shall be six hundred dollars ($600.). D. For applications for interpretations on appeal from an order, decision or determination of an administrative officer, the fee shall be two hundred dollars ($200.) for each section of the Town Code for which an interpretation is requested. 10164.2 3-25-95 § 100-274 ZONING § 100-275 E. For applications for variances from Town Law § 280-a (rights-of-way), the fee shall be two hundred fifty dollars ($250.). F. For applications for rehearings, the fee shall be the same as the fee charged for the original application. G. For applications for public entertainment and special events permits, the fee shall be fifty dollars ($50.). [Added 11-29-1994 by L.L. No. 26-19941 § 100-275. Notice of hearing. A. In all cases where the Board of Appeals is required to hold a public hearing, in addition to the notice of such hearing required by law, a written notice containing the following information shall be sent by the person petitioning such Board, or his agent, by either certified or registered mail, to every owner of property immediately adjacent thereto. In the event that any petitioner owns or has any interest in any property immediately adjacent to the property which is the subject of such petition, then written notice shall also be given to the owners of the property adjacent to such other property of the petitioner. For the purpose of this section, the words "owner" or "property owner" mean the owner as shown on the current assessment roll of the Town of Southold. The notice required by this section shall be mailed by the petitioner, or his agent, (Cont'd on page 10165) 10164.3 3-25-95 § 100-281 ZONING § 100-281 (h) Demolition and/or removal and/or relocation of any building: fifteen dollars ($15.) minimum and ten cents ($0.10) for each square foot in excess of three hundred (300) square feet of floor area. (i) Bed -and -breakfast permit and inspection: one hundred dollars ($100.) for the initial annual permit and fifty dollars ($50.) per timely annual renewal. [Added 2-7-1995 by L.L. No. 3-19951 (2) For the purposes of this Subsection J, cellars, decks, attached garages and any habitable area shall be included in the calculation of floor area. (3) Notwithstanding the foregoing, no fee shall be required of or paid by taxing entities or districts, including but not limited to fire districts, school districts, park districts and the like. [Added 9-26-1989 by L.L. No. 20-1989] (Cont'd on page 10171) 10170.1 3-25-95