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HomeMy WebLinkAbout1995 Code Supplement - 06/10/1995ZONING § 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 nonconforming uses. § 100-244. Nonconforming lots. § 100-245. Repairs and maintenance. § 100-246. Involuntary moves. 10007 6-10-95 ARTICLE XXVI Special Exception Uses § 100-260. SOUTHOLD CODE § 100-261. ARTICLE XXV § 100-262. 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. § 100-257. Architectural review standards. § 100-258. Architectural Review Committee. 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. 10008 6-10-95 ZONING § 100-273. Rules of conduct and procedure. § 100-274. Fees. § 100-275. Notice of hearing. (Cont'd on page 10009) 10008.1 6-10-95 ■ § 100-252 ZONING § 100-253 I. Public utilities: that plans for water supply and sewage �J disposal, cable, telephone, electricity, gas, etc., shall be considered and included in this section and shall conform J to such public requirements and standards as may exist. J. Existing development and Comprehensive Development Plan: that the development proposed is at a scale -> consistent with existing development and with the Comprehensive Development Plan of the Town of Southold. J K. Architectural features: that the natural features of the site and surroundings, exterior design and appearances of existing adjacent structures and the character of the J district are evaluated in accordance with the 7 architectural - standards set forth in this chapter. [Amended 5-15-1995 by L.L. No. 7-19951 -A L. Handicapped access: that the site plan and building design shall accommodate the.needs of the handicapped and be in conformance with the applicable state and local standards concerning the same. § 100-253. Approval of site plan required. A. No building permit shall be -issued for any structure or building for which use a site plan is pursuant to this Chapter 100, until a determination has been made by the Planning Board as to whether a site plan or an amendment thereto is required and, if required, that an approved site development plan or approved amendment of any such plan has been secured by the applicant from the Planning Board and presented to the Building Inspector, along with all necessary approvals and permits as may be required by other public agencies. [Amended 5-15-1995 by L.L. No. 5-19951 B. No regrading, clearing, tree removal or any other work in preparation of future use of a site, except limited clearing needed to undertake survey work or soils investigations, may take place or be permitted to take 10149 6-10-95 § 100-253 SOUTHOLD CODE § 100-253 place until the site plan has been approved by the Planning Board. C. No certificate of occupancy shall be issued for any building, structure, premises, lot or use of land covered by this Article unless the structure has been completed (whether the structure is being constructed, renovated, reconstructed, altered, moved or put into use), and the site is developed in accordance with an approved site development plan or approved amendment of any such plan. D. Upon request of the owner or his authorized agent for a certificate of occupancy, the Building Inspector shall issue the certificate, provided that said Building Inspector, along with the Planning Board, shall find that such building or structure and site is in conformity with the approved site plan. E. After a certificate of occupancy is issued, there shall be no exterior alterations of a building that expand the footprint or any revisions of the site or changes of use without first obtaining Planning Board approval. F. Failure to obtain site plan approval shall be a violation of this Article and shall be subject to such penalties as are set forth in § 100-285 of this chapter. G. Upon recommendation of the Planning Board and approval of the Town Attorney, the Building Inspector may revoke an existing certificate of occupancy upon a showing that the subject premises is being occupied or used in violation of an approved site plan and may direct that such occupancy or use be discontinued. The Town Attorney is authorized to commence proceedings in a court of appropriate jurisdiction to restrain said use or occupancy. 10150 6-10-96 § 100-254 ZONING § 100-254 § 100-254. Review procedure. A. Presubmission conference. Prior to the submission of a site development plan, the applicant or his agent shall meet with the Planning Board or its representative. The purpose of such conference shall be to discuss proposed uses or development plan elements that shall be submitted to the Planning Board in order for said Board to determine conformity with the provisions and intent of this Article. Said meeting shall take place within thirty (30) calendar days from the date of written request therefor. B. Site development plan. Nine (9) copies of the site development plan application and any related information as defined during the presubmission conference shall be submitted to the Planning Board within four (4) months of the presubmission conference. If a site development plan application is not submitted within four (4) months following a presubmission conference, another conference may be required by the Planning Board. (1) Within ten (10) business days of receipt of the application, the Planning Board shall determine whether to accept, reject or request revision of the application. (2) If the Planning Board determines said application to be acceptable but in need of revision, it shall notify the applicant, in writing, wherein said application is deficient within thirty (30) business days. (3) In the case of a variance or special exception application requiring site plan approval, the site development plan application shall be subjected to preliminary review and written comments by the Planning Board within sixty (60) days of such request by the Board of Appeals. (a) In no case may the Planning Board grant site plan approval prior to the issuance of a special 10151 6-10-95 § 100-254 SOUTHOLD CODE § 100-254 exception by the Zoning Board of Appeals, if such is required. (b) Before the Planning Board can approve any application for _ the amendment of a use or structure for which a special exception was granted, the applicant must obtain permission from the Zoning Board of Appeals to expand or otherwise alter or change either the use or the structure. (4) The Planning Board may vary or waive parking requirements, provided that such change will not have a detrimental effect on the public health, safety or general welfare and will not have the effect of nullifying the intent and provision of the Zoning Code. (a) The Planning Board may allow or require landscaping to be installed in place of specified parking spaces. (b) On any site for which the Planning Board grants approval for less than the required number of spaces for that use, the Planning Board shall have the right to review the parking requirements again if a change of use is proposed. (5) Review of a new site plan for a lot on which an approved site plan already exists shall not proceed until the approved plan is withdrawn by the applicant. C. When the Planning Board determines said application to be acceptable, it shall, within ten (10) business days of such determination, distribute said application and documentation to the town, county and state agencies having jurisdiction, for their comment. Such referral shall include a referral to the Architectural Review Committee. The Architectural Review Committee shall make a written recommendation to the Planning Board 10152 6-10-95 I § 100-254 ZONING § 100-254 on the site plan within ten (10) business days of receipt of the referral. If the Committee fails to make a recom- mendation within this time period, the project shall proceed to the Planning Board for consideration without Committee view. [Amended 5-15-1995 by L.L. No. 7-1995] D. Upon receipt and review of written comments from each of the agencies to which the proposed site plan was distributed, the Planning Board shall, within a reasonable period of time, not to exceed thirty (30) days, determine whether to require revisions to the proposed plan. E. No decision on the application shall be made until the State Environmental Quality Review Act' process is completed. F. After the Planning Board has determined that the proposed site plan is suitable for approval, it shall: (1) Forward the plan to the Building Inspector for final review and certification. (2) Forward the plan to the Fire Commissioner of the fire district within which the site is .located for a determination as to whether a fire well is needed and, if so, its location. (3) Notify the applicant, in writing, to make an application for the appropriate curb cut permits. (4) Submit the proposed site plan to the Suffolk County Planning Commission in accordance with the provision of the Suffolk County Charter, if necessary. (Cont'd on page 10153) 1 Editor's Note: See Art. 8 of the Environmental Conservation Law. 10152.1 6-10-95 § 100-256 ZONING § 100-256 (3) Existing building structures and utilities: (a) The locations, dimensions and outlines of all buildings, as defined in § 100-13 of this chapter, and all uses of the site. (b) Paved areas, including parking areas, sidewalks and vehicular access between the site and public streets. (c) The locations, dimensions, grades and . flow directions of any existing culverts, waterlines or sewage disposal systems, as well as other underground and aboveground utility poles and utility lines within and adjacent to the property. (d) The location and use of all buildings and structures, including curb cuts, within two hundred (200) feet of the boundary of the subject property. (4) Proposed construction: (a) The location of proposed buildings or structural improvements, indicating setbacks from all property lines and horizontal distances from existing structures. (b) The location and design of all uses not requiring structures, such as off-street parking and loading areas and pedestrian circulation. (c) The location, direction, power level and time of use for any proposed outdoor lighting or public- address systems. (d) The locating and plans for any outdoor signs must be in accordance with applicable sign regulations. (e) The location and details of aprons, curbs, sidewalks, fencing (type and location), grading, including existing and proposed topography 10157 6-10-95 § 100-256 SOUTHOLD CODE § 100-257 with two -foot contours [on site and two hundred (200) feet beyond the property line] and spot elevations for buildings and all structures, drainage calculations, details of drainage structures and watershed areas, where applicable. (f) Grading and drainage plans shall be based upon site stormwater retention, in conformance with Chapter A108, Highway Specifications. (g) The location and listing of landscaping, buffering and street tree plans, including type, material, size, quantity and location. (h) The location of water and sewer mains, electrical service, cablevision and telephone installations, ground transformers, fire well and fire hydrants and/or any alternate means of water supply and sewage disposal and treatment. (i) Building elevations for all facades and floor plans showing the proposed use of floor area. § 100-257. Architectural review standards. [Added 5-15-1995 by L.L. No. 7-19951 Site plans shall be reviewed for conformance with the following criteria: A. Appropriate diversity of design elements from another structure or structures located or proposed to be located on the same street or corner thereof and within five hundred (500) feet of the site of the structure for which a site plan or building permit has been requested, in respect to one (1) or more of the following features of exterior design and appearance: (1) Substantially identical facade, disregarding color. 10158 6-10-95 ■ 7 J 7 § 100-257 ZONING § 100-257 (2) Substantially identical size and arrangement of either doors, windows, porticoes, porches or garages or other openings or breaks or extensions in the facade, including reverse arrangements. (3) Other substantially identical features, such as but not limited to setbacks from street lines, heights, widths and lengths of elements of the building design and exterior materials and treatments. B. Minimize or eliminate visual discord or dissimilarity with respect to other structures located or proposed to be located on the same street or a corner thereof and within five hundred (500) feet of the site of the structure for which a building permit is requested, in respect to one (1) or more of the following features of exterior design and appearance: (1) Facade, disregarding color. (2) Size and arrangement of doors, windows, porticoes, porches or garages or other openings, breaks or extensions in the facade. (3) Other significant design features, such as but not limited to heights, widths and lengths of elements, roof structures, exposed mechanical equipment, service and storage areas, retaining walls, landscaping, signs, light posts, parking areas and fences, service and loading areas. C. Maximize sensitivity to visual appearance and qualities of exterior design, including with respect to signs, considerations of the harmony of colors or compatibility of the proposed structure with the terrain in which it is to be located, including but not limited to excessive divergences. of the height or levels of any part of the structure from the grade of the terrain. 10158.1 6-10-95 § 100-258 SOUTHOLD CODE §'100-260 § 100-258. Architectural Review Committee. [Added 5-15-1995 by L.L. No. 7-1995] A. The Architectural Review Committee shall consist of five (5) members appointed by the Town Board to serve at the pleasure of the Board without compensation. If possible, the members of the Committee shall be appointed from the following categories: two (2) members shall be architects or landscape architects; one (1) member shall be from the Landmark Preservation Commission, and two (2) members shall be appointed from residents of each of the hamlets of the town. The hamlet members shall vary and shall sit only on the site plans which are proposed in their hamlet. B. The term of office of the Architect and Landmark Preservation Commission members of the Committee shall be three (3) years, provided that those members first appointed shall be appointed for one- , two- and three-year terms, respectively. The hamlet members shall be. appointed for two-year terms, with the first appointments to be appointed for a one- and two-year term, respectively. ARTICLE XXVI Special Exception Uses [Added 1-10-1989 by L.L. No. 1-19891 § 100-260. Purpose. The provisions of this Article are designed to provide for administrative review of selected types of proposed land uses. Certain uses which are allowable under zoning are nevertheless so likely to significantly affect their surroundings that they require individual review to assure compatibility with existing land use patterns, community character and the natural environment before being permitted to come into existence. Similarly, certain authorized uses may take on such diverse forms in their actual implementation that it is wise to review and pass upon the adherence of each individual proposal to 10158.2 6-10-95 ■ § 100-260 ZONING § 100-260 standards and guidelines previously established for the use involved. Finally, the case-by-case review achieved by use of the special exception approval mechanism can increase the flexibility and appropriateness of local development review and better enable local officials to avoid negative consequences which sometimes arise from the otherwise lawful development or use of a particular site. 10158.3 ((jont'd on page 10159) 6-10-95