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HomeMy WebLinkAbout1995 Code Supplement - 02/25/1995ZONING § 100-232. Corner lots. § 100-233. Building length and separation for § 100-242. buildings containing multiple dwellings. § 100-234. Courts. § 100-235. Access requirements. § 100-236. Open storage. § 100-237. Prohibited uses in all districts. § 100-238. Provisions for community water, sewer § 100-246. and utility facilities. § 100-239. Land under water; filled land. § 100-239.1. Excavations. § 100-239.2. Tourist camps, camp cottages and trailers. § 100-239.3. (Reserved) § 100-239.4. Building setback requirements adjacent to water bodies and wetlands. § 100-239.5. Lighting restrictions. ARTICLE XXIV Nonconforming Uses and Buildings § 100-240. Purpose. § 100-241. Nonconforming uses. § 100-242. Nonconforming buildings with conforming uses. § 100-243. Nonconforming buildings with noncon- forming uses. § 100-244. Nonconforming lots. § 100-245. Repairs and maintenance. § 100-246. Involuntary moves. 10007 2-25-95 ARTICLE XXVI Special Exception Uses § 100-260. Purpose. § 100-261. Special exception uses; approval required. § 100-262. Application; hearing; approval; violations of conditions. § 100-263. General standards. § 100-264.. Matters to be considered. § 100-265. Additional conditions and safeguards. ARTICLE XXVII Board of Appeals § 100-270. Appointment; membership. § 100-271. Powers and, duties. § 100-272. Additional conditions and safeguards. § 100-273. Rules of conduct and procedure. § 100-274. Fees. § 100-275. Notice of hearing. 10008 2-25-95 SOUTHOLD CODE ARTICLE XXV Site Plan Approval § 100-250. Applicability. § 100-251. Findings of fact; purpose. § 100-252. Objectives. § 100-253. Approval of site plan required. § 100-254. Review procedure. § 100-255. Duration of plan. § 100-256. Application requirements; fees. ARTICLE XXVI Special Exception Uses § 100-260. Purpose. § 100-261. Special exception uses; approval required. § 100-262. Application; hearing; approval; violations of conditions. § 100-263. General standards. § 100-264.. Matters to be considered. § 100-265. Additional conditions and safeguards. ARTICLE XXVII Board of Appeals § 100-270. Appointment; membership. § 100-271. Powers and, duties. § 100-272. Additional conditions and safeguards. § 100-273. Rules of conduct and procedure. § 100-274. Fees. § 100-275. Notice of hearing. 10008 2-25-95 § 100-31 ZONING § 100-31 7 (b) The total area occupied by all principal and accessory buildings shall not exceed twenty percent (20%) of the area of the lot. 7 (c) Any school shall be a nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively thereunder as such. (d) Any such school shall occupy a lot with an area of not less than five (5) acres plus one (1) acre 7 for each twenty-five (25) pupils for which the building is designed. (4) Nursery schools. (5) Philanthropic, eleemosynary or religious institutions, hospitals, nursing and rest homes or sanatoriums for general medical care, but excluding facilities for the treatment of all types of drug addiction, subject -to -the following requirements: (a) No building or part thereof or any parking or loading area shall be located within one hundred (100) feet of any street line nor within fifty (50) feet of any lot line. (b) The total area covered by principal and accessory buildings shall not exceed twenty percent (20%) of the area of the lot. (c) The maximum height shall be thirty-five (35) feet or two and one-half (21/2) stories. (d) The entire lot, except areas occupied by buildings or parking or loading areas, shall be suitably landscaped and properly maintained. (e)1 Any nursing home, hospital or sanatorium shall meet the following standards: 1 Editor's Note: Former Subsection B(5)(e), dealing with sufficient exterior lighting, was repealed 12-27-1994 by L.L. No. 30.1994. This local law also provided for the renumbering of former Subsection B(5)(f) as B(5)(e). 10041 2-25-95 § 100-31 SOUTHOLD CODE § 100-31 [1] All buildings shall be of fire -resistive construction. [2] All such uses shall be served by adequate water and sewer systems approved by the Suffolk County Department of Health. [3] Patients suffering from communicable diseases shall not be permitted in any nursing home or sanatorium. (Communicable diseases are defined by the Sanitary Code of the Public Health Council of the State of New York.) [4] . Eight thousand (8,000) square feet of lot area shall be provided for each patient bed. (6) Public utility rights-of-way as well as structures and other installations necessary to serve areas within the town, subject to such conditions as the Board of Appeals may impose in order to protect and promote the health, safety, appearance and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed. (7) Beach clubs, tennis clubs, country clubs, golf clubs, public golf courses and annual membership clubs catering exclusively to members and their guests and accessory playgrounds, beaches, swimming pools, tennis courts, recreational buildings and maintenance buildings, subject to the following requirements: (a) No building or part thereof or any parking or loading area shall be located within one hundred (100) feet of any street line or within fifty (50) feet of any lot line. (b) The total area covered by principal and accessory buildings shall not exceed twenty percent (20%) of the area of the lot. 10042 2-25-95 § 100-31 ZONING § 100-31 (c) Such use shall not be conducted for profit as a business enterprise. (d) No such use shall occupy a lot with an area of less than three (3) acres.2 (8) Children's recreation camps organized primarily for seasonal use and subject to the following requirements: (a) No building, tent, activity area or recreation facility shall be less than two hundred (200) feet from any lot line, and any such building, tent, activity area or recreation facility shall be effectively screened therefrom as required by the Planning Board. Buildings intended for use as sleeping quarters shall be not less than thirty (30) feet from each other, except. tents, which shall be not less than ten (10) feet apart. (b) The minimum lot area shall be not less than ten thousand (10,000) square feet for each cottage, tent or other principal building and not less than three thousand (3,000) square feet of land area shall be provided for each person accommodated in the buildings or tents on the premises. (c)3 The sound level of all outdoor public-address systems shall not exceed the intensity tolerable in a residential neighborhood. (9) Farm labor camps, subject to the following requirements: (a) All farm labor camps on farms shall be construed in conformance with applicable laws _ 2 Editor's Note. Former Subsection B(7)(e), dealing with the shielding of the direct source of exterior lighting, was repealed 12-27-1994 by L.L. No. 30.1994. 3 Editor's Note: Former Subsection B(8)(c), dealing with the glare of lights toward nearby property, was repealed 12.27-1994 by L.L. No. 30.1994. This local law also provided for the renumbering of former Subsection B(8)(d) as B(8)(c). 10043 2-25-95 ■ 7 § 100-31 SOUTHOLD CODE § 100-31 and shall not be located nearer to any other residence than the residence of the employer, except by specific review and approval of the Planning Board. (10) Veterinarian's offices and animal hospitals, subject to the following requirements: (a) The housing of all animals shall be in a fully enclosed structure, if nearer than one hundred fifty (150) feet to any lot line. (11) Cemeteries. (12) Stables and riding academies. (13)4One (1) accessory apartment in an existing one - family dwelling, subject to the following requirements: (a) The accessory apartment shall be located in the principal building. (b) The owner of the existing dwelling shall occupy one (1) of the dwelling units as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy, evidenced by a written lease for a term of one (1) or more years. (Cont'd on page 10045) 4 Editor's Note: Former Subsection B(13), wineries, as amended, was repealed 11-29-1994 by L.L. No. 26-1994, which local law also renumbered former Subsections B(14) and (15) as Subsections B(13) and (14), respectively. 10044 2-25-95 § 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 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, except for the uses set forth in Subsection B(5) hereof, are subject to site plan approval by the Planning Board: J (1) Any special exception use set forth in and as regulated by § 100-31B(1), (6), (7) and (13) of the 7 Agricultural -Conservation District. [Amended 8-1-1989 by L.L. No. 15-19891 (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. JE (b) The maximum number of guest units shall be: [11 One (1) unit per six thousand (6,000) square feet of land without public water or —, sewer. 10069 2-25-95 § 100-61 SOUTHOLD CODE § 100-61 [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)5 The maximum size of a guest unit shall be six hundred (600) square feet. [Added 7-5-1989 by L.L. No. 13-19891 (5) Bed -and -breakfast uses as set forth in and as regulated by § 100-31B(14). (6) Tourist camps as regulated by Chapter 88, Tourist and Trailer Camps, of the Town Code. (7) 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)6 Sanitary and laundry facilities. (3) Accessory uses set forth in and as regulated by § 100-42C(2) of the Hamlet Density Residential District. 5 Editor's Note: Former Subsection B(4)(d), dealing with the glare of lights on adjoining property, was repealed 12.27-1994 by L.L. No. 30-1994. This local law also provided for the renumbering of former Subsection B(4)(e) as B(4)(d). 6Editor'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) ae Subsections C(2) and C(3), respectively. For current sign provisions, see Art. X9, Signs. 10070 2-25-95 § 100-101 ZONING § 100-101 sale of gasoline or oil, shall be conducted in a building. (e) The storage of gasoline or flammable oils in bulk shall be located fully underground and not less than thirty-five (35) feet from any property line other than the street line. (f) No gasoline or fuel pumps or tanks shall. be located less than fifteen (15) feet from any street or property line. (g)7 No gasoline service or repair shops or similar businesses are to be located within three hundred (300) feet of a church, public school, library, hospital, orphanage or rest home. (13) Partial self-service gasoline service stations, subject to all of the provisions of § 100-101B(12) herein and the following additional requirements: (a) Each partial self-service gasoline facility shall have a qualified attendant on duty whenever the station is open for business. It shall be the duty of the qualified attendant to control and operate both the console regulating the flow of gasoline to the dispensing equipment thereafter to be operated by the customer at the self- service pump island and the dispensing equipment on the other pump islands. (b) Gasoline shall at no time be dispensed without the direct supervision of the qualified attendant. A control shall be provided which will shut off the flow of gasoline to the dispensing equipment at the self-service pump island whenever the qualified attendant is absent from the control console for any reason 'I Editor's Note: Former Subsection B(12)(g), dealing with restrictions on outdoor area lighting, was repealed 12-27-1994 by L.L. No. 30-1994. This local law also provided for the renumbering of former Subsection B(12)(h) as B(12)(g). 10087 2-25-95 § 100-101 SOUTHOLD CODE § 100-101 whatever, including when he is operating the dispensing equipment on the other pump islands. (c) The console regulating the flow of gasoline to .the remote dispensing equipment thereafter operated by the customer at the self-service pump island shall be situated in such a manner as to give the qualified attendant controlling said console an unobstructed view of the operation of said remote dispensing equipment. (d) The self-service pump island shall have controls on all pumps that will permit said pumps to operate only when a dispensing nozzle is removed from its bracket on the pump and the switch for this pump is manually operated. (e) The self-service pump island shall be protected by an automatic fire -protection system in the form of an approved system of dry powder release which will act as an automatic fire extinguisher. (f) No customer shall be permitted to dispense gasoline unless he shall possess a valid motor vehicle operator's license. (g) There shall be no latch -open device on any self- service dispensing nozzle. (14) Private transportation service, including garage and maintenance facilities. (15) One -family detached dwellings, not to exceed one (1) dwelling on each lot. [Added 7-13-1993 by L.L. No. 11-1993] (Cont'd on page 10089) 10088 2-25-95 I § 100-191 ZONING § 100-191 K. Regulations for parking spaces adjacent to lots in any residence district. (1) Wherever a parking area of over five (5) spaces abuts or is within fifteen (15) feet of the side or rear lot line of a lot in any residence district, said parking lot shall be screened from such adjoining lot by a substantial wall, fence or thick hedge approved by the Planning Board. Generally, such screen shall be not less than four (4) feet nor more than eight (8) feet in height. (2) Whenever a parking area of over five (5) spaces is located across the street from other land in any residence district, it shall be screened from the view of such land by a thick hedge, wall or fence, approved by the Planning Board, located along a line drawn parallel to the street and a distance of twenty (20) feet therefrom, such screening to be interrupted only at points of ingress and egress. Generally, no such screening shall be less than four (4) feet nor more than six (6) feet in height. The open area between such screening and the street shall be landscaped in harmony with the landscaping prevailing on neighboring properties fronting on the same street. Two (2) identification and directional signs located on the street side of such screening shall be permitted; however, they shall not exceed an area of three (3) square feet each. L. Driveways. No driveway shall provide access to a lot located in another district, which lot is used for any use prohibited in the district in which such driveway is located. M. Parking for special exception uses. Notwithstanding any other prm isions of this chapter, the Planning Board may increase the parking requirements for special exception uses by up to one hundred fifty percent (150%) of the minimum parking requirements if it determines that 10113 2-25-95 § 100-191 SOUTHOLD CODE § 100-191 such additional parking requirements are necessary by reason of the nature of the use and/or the characteristics of the site. N. Traffic storage. All uses shall provide sufficient space on the same lot so that any storage lanes for traffic will be provided for and will not obstruct traffic or utilize public rights-of-way. 0.8 Connections between abutting parking areas. Where appropriate, the Planning Board may require paved connections between abutting parking areas in different ownerships so as to facilitate the flow of traffic. P. Supplemental regulations for private garages and off- street parking areas in residence districts. (1) Commercial vehicles. (a) One (1) commercial vehicle not exceeding twenty (20) feet in length may be parked in the driveway on an occupied lot in any residence district except that one (1) commercial vehicle not exceeding twenty-five (25) feet in length may be parked in the driveway on an occupied lot in any residence district, provided that the owner of the occupied lot has continuously maintained title to such vehicle since the date of the enactment of this amendment.9 [Amended 3-26-1991 by L.L. No. 6-1991; 7-17-1991 by L.L. No. 16-19911 (b) One (1) commercial vehicle not exceeding twenty-five (25) feet in length may be parked within a private garage in any residence district. 8 Editor's Note: Former Subsection O, dealing with the illumination of off-street parking areas, was repealed 12-27-1994 by L.L. No. 30-1994. This local law also provided for the renumbering of former Subsections P and Q as Subsections O and P, respectively. 9 Editor's Note: `°Phis amendment" refers to L.L. No. 16-1991, adopted 7-17-1991. 10114 2-25-95 § 100-191 ZONING § 100-191 (c) Commercial farm vehicles are permitted as accessory to a commercial farm use in any residence district. (2) Trailers and recreation vehicles. The storage or parking and use of a travel trailer or a recreation vehicle by any person or persons, except as hereinafter provided, is prohibited in all residential districts, except that: (a) The keeping or storing of one (1) camp -type travel trailer or recreation vehicle is permitted on a premises if it is either owned or rented by the occupants of such premises and is not kept for purposes of sale or rental and is used solely for the personal use of such occupants. Such camp -type travel trailer or recreation vehicle shall not be occupied as living quarters at any time and shall be secured in place in the rear yard not nearer than fifteen (15) feet to a side or rear lot line or to the (Cont'd on page 10115) 10114.1 2-25-95 § 100-239.2 ZONING § 100-239.4 J -S subject to such conditions as may be prescribed by the Town Board. C. Exemptions. This section shall not be deemed to apply to the temporary or seasonal camp of any unit of the Boy Scouts of America or the Girl Scouts of America or other such organizations under the leadership provided by said organizations, respectively. § 100-239.3. (Reserved)19 § 100-239.4. Building setback requirements adjacent to water bodies and wetlands. [Added 3-14-1989 by L.L. No. 3-19891 Notwithstanding any other provisions of this chapter, the following setback requirements shall apply to all buildings located on lots adjacent to water bodies and wetlands: A. Lots adjacent to Long Island Sound, Fishers Island Sound and Block Island Sound. [Amended 11-24-1992 by L.L. No. 20-19921 (1) ,All buildings located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than one hundred (100) feet from the top of such bluff or bank. (2) Except as otherwise provided in Subsection A(1) hereof, all buildings located on lots adjacent to sounds shall be set back not less than one hundred (100) feet from the ordinary high-water mark of said sound. (3) Buildings which are proposed landward of existing principal dwellings shall be exempt from the 10 Editor's Note: Former $ 100.239.3, Berms, was deleted 11-24-1992 by L.L. No. 24-1992. 10139 2-25-95 § 100-239.4 SOUTHOLD CODE § 100-239.5 requirements set forth in Subsection A(1) and A(2) hereof. [Added 6-15-1993 by L.L. No. 8-19931 B. All buildings located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than seventy-five (75) feet from the bulkhead. The following exceptions will apply: (1) Buildings which are proposed landward of existing buildings. (2) Lands which are not bulkheaded and are subject to a determination by the Board of Town Trustees under Chapter 97 of the Code of the Town of Southold. (3) Docks, wharves, pilings, boardwalks, stairs, promenades, walkways and piers, which are accessory and separate from existing buildings or accessory structures. C. [Amended 6-15-1993 by L.L. No. 8-19931 All buildings located on lots adjacent to any freshwater body shall be set back not less than seventy-five (75) feet from the edge of such water body or not less than seventy-five (75) feet from the landward edge of the freshwater wetland, whichever is greater. The following exception will apply: (1) Lands which are not bulkheaded and are subject to a determination by the Board of Town Trustees under Chapter 97 of the Code of the Town of Southold. § 100-239.5. Lighting restrictions. [Added 12-27-1994 by L.L. No. 30-19941 This section is adopted pursuant to the town's police power. This section prohibits excessive light and glare by any use, restricts lighting in the middle of the night and sets a maximum height for lights to minimize the potential for glare. 10140 2-25-95 § 100-239.5 ZONING § 100-239.5 A. All outdoor lighting shall be shielded so that the light source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries. B. It is a general principle of the town that parking lot lights should be turned off or reduced in intensity between 11:30 p.m. and 4:00 a.m. C. All freestanding outdoor lighting fixtures shall be limited to a height of no more than fourteen (14) feet above ground level. The fixture shall focus and direct the light as specified in Subsection A above. -� D. Recreational lighting may exceed the above height limit but is subject to the following standards: (1) All intensive recreational lighting shall be so located on the property with reference to surrounding properties that it shall be reasonably screened from view and compatible with the existing or potential -� use of neighboring properties. (2) No outdoor recreational facility, public or private, shall be illuminated after 11:00 p.m. except to conclude a recreational or sporting event or any other similar activity conducted at or in the facility which was in progress under such illumination prior to 11:00 P.M. (Cont'd on page 10142.1) 10141 2-25-95