Loading...
HomeMy WebLinkAbout1995 Code Supplement - 01/25/1995�]M1201 ARTICLE XIV Light Industrial (LI) District § 100-140. Purpose. § 100-141. Use regulations. § 100-142. Bulk, area and parking regulations. ARTICLE XV Density, Minimum Lot Size and Bulk Schedules § 100-150. Repeal of existing schedule; incorporation of new schedules. § 100-151. Conformance required. ARTICLE XVI (Reserved) ARTICLE XVII (Reserved) ARTICLE XVIII Cluster Development § 100-180. Purpose. § 100-181. Applicability. ARTICLE XIX Parking and Loading Areas § 100-190. Purpose. § 100-191. Off-street parking areas. 10005 1-25-95 SOUTHOLD CODE § 100-192. Off-street loading areas. ARTICLE XX Signs § 100-200. Purpose. § 100-201. Applicability; permit required; application; - approval; fees. § 100-202. General design principles. § 100-203. Prohibitions and general restrictions. § 100-204. Limitation of content or copy. § 100-205. Specific signs. § 100-205.1. Specific sign requirements. § 100-206. Sign illumination. § 100-207. Unsafe, abandoned and unlawful signs. § 100-208. Transition. § 100-209. Nonconforming signs. 10006 1-25-95 ARTICLE)M Landscaping, Screening and Buffer Regulations § 100-210. Purpose. § 100-211. General requirements. § 100-212. Front landscaped area. § 100-213. Transition buffer area. § 100-214. Landscaped parking area. § 100-215. Properties located adjacent to creeks. 10006 1-25-95 § 100-230. § 100-231. ZONING ARTICLE =I (Reserved) ARTICLE MII Supplementary Regulations Exceptions and modifications. Height of fences, walls and berms. 10006.1 (Cont'd on page 10007) 1-25-95 § 100-13 ZONING § 100-13 organized instructional facility for five (5) or more . - enrolled children under six (6) years of age other than the children of the resident family and not furnishing sleeping facilities except to the resident family. OFF -PREMISES SIGN — Any sign that identifies, advertises or calls attention to a business or activity taking place on property other than the premises on which the sign is located. [Added 11-29-1994 by L.L. No. 25-19941 OFF-STREET PARKING SPACE — A space for the parking of one (1) motor vehicle within a public or private parking area, but not within a public street. OPEN SPACE — Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants. of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental -to the natural openness of the land. OUTDOOR STORAGE — The keeping, in an unroofed area, of any goods, junk, material, merchandise or vehicles in the same place for more than twenty-four (24) hours. OWNER — Includes the duly authorized agent, attorney, purchaser, devisee, fiduciary or any other person having vested or contingent interest in the property in question. PARKING LOT — An off-street, ground level area, surfaced and improved for the temporary storage of motor vehicles. PARTIAL SELF-SERVICE GASOLINE SERVICE STATION — A gasoline service station primarily for the servicing of motor vehicles and the dispensing of gasoline by means of a qualified attendant controlling an approved console regulating the flow of gasoline into 10027 1-25-95 § 100-13 SOUTHOLD CODE § 100-13 fixed and approved dispensing equipment thereafter to be operated by the customer at one (1) set of .pumps on one (1) pump island and by a qualified attendant operating dispensing equipment at all other pump islands. PATIO — A flat, leveled structure attached to a building by steps, or other construction, and having a base floor area at or below natural grade and open to the sky. A "patio" structure below or at grade is not deemed to be a deck or porch and shall not require a building permit. New step areas to patios, decks, porches, breezeways, etc., will require a building permit. Any other "patio' or similar structure constructed above natural grade also requires a building permit. [Added 5-31-1994 by L.L. No. 10-19941 PERFORMANCE GUARANTY— Any security which may be accepted by the town as a guaranty that improvements required as part of an application for development are satisfactorily completed. PERSON— Any association, partnership, corporation, cooperative group, trust or other entity, as well as an individual. PLANNING BOARD — The Planning Board of the Town of Southold. PLAT — The map of a subdivision. PRINCIPAL BUILDING — A building in which is conducted the main or .principal use of the lot on which said building is located. PRINCIPAL USE —The main or primary purpose or purposes for which land and/or structure(s) is designed, arranged, used or intended to be used or for which such land and/or structure(s) may be occupied or maintained under this chapter. PROFESSIONAL OFFICE — The office of a member of a recognized profession or occupation, including architects, 10028 1-25-95 J J § 100-13 ZONING § 100-13 artists, authors, dentists, doctors, lawyers, ministers, musicians, optometrists, engineers and such other similar professions or occupations which may be so designated by the Board of Appeals. PUBLIC WATER: PUBLIC SEWER — Communal J sewage disposal systems and communal water supply systems as approved by public agencies having jurisdiction thereof. RECREATION FACILITY, COMMERCIAL — An indoor or outdoor privately operated business involving playing fields, courts, arenas or halls designed to accommodate sports and recreational activities, such as billiards, bowling, dance halls, gymnasiums, health spas, skating rinks, shooting ranges, tennis courts and swimming pools. RECREATIONAL VEHICLE — A vehicular -type portable structure, without permanent foundation, which can be towed, hauled or driven and primarily designed as temporary living accommodation for recreational, camping and travel use, and including but not limited to travel trailer, truck campers, camping trailers and self-propelled motor homes. RESEARCH LABORATORY — A building for experimentation in pure or applied research, design, development and production of prototype machines or devices or of new products, and uses accessory thereto, wherein products are not manufactured for wholesale or retail sale, wherein commercial servicing or repair of commercial products is not performed and where there is no display of any materials or products. RESIDENTIAL CLUSTER — An area to be developed as a single entity according to a plan, containing residential housing units and having a common or public open space. RESTAURANT — Any premises other than take-out or formula food restaurants where food is commercially sold 10029 1-25-95 § 100-13 SOUTHOLD CODE § 100-13 for on -premises consumption to patrons seated at tables or counters. [Amended 5-16-1994 by L.L. No. 9-19941 RESTAURANT, FORMULA FOOD — A restaurant business required by contractual or other arrangements to offer standardized menus, ingredients, food preparation, decor, external facade or uniforms. [Added 5-16-1994 by L.L. No. 9-19941 RESTAURANT, TAKE-OUT — Any establishment other than a formula food restaurant, whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready -to -consume state, usually served in paper, plastic or other disposal containers, for consumption within the restaurant building, elsewhere on the premises or for carryout for consumption off the premises. [Amended 5-16-1994 by L.L. No. 9-19941 RETAIL STORE — An enclosed structure where goods are offered for sale to the public as take-out items, including hardware, drugs, food and beverages, furnishings, apparel and similar products. Minor repair services within the establishment may be undertaken as part of product sales. RETAINING WALL — A structure or barrier, the intended use for which is to separate and act as a barrier between two (2) areas of earthen material. [Added 7-13-1993 by L.L. No. 14-19931 RIGHT-OF-WAY LINES — The boundary lines of land used or intended for use as streets, as shown on deeds, plats or the Master Plan, and from which yard and other requirements shall be measured. ROADSIDE FARM STAND or AGRICULTURAL STAND — A booth, stall or display area exceeding fifty (50) square feet in area located on a farm from which agricultural products are sold to the general public. SEPTIC TANK — A watertight receptacle that receives the discharge of sewage from a building, sewer or part thereof and is designed and constructed so as to permit 10030 1-25-95 § 100-13 ZONING § 100-13 settling of solids, digestion of the organic matter and discharge of the liquid portion into a disposal area. SETBACK — An area extending the full width of the lot, described or a distance between the street right-of-way and 'building for the full required front yard depth within which no buildings or parts of buildings may be erected. SHOPPING CENTER — A group of retail and service businesses which have an integrated architectural and site design and which have an anchor tenant consisting of either a supermarket or a department store if the anchor tenant encompasses a minimum of twenty-five thousand (25,000) square feet of area. [Added 5-16-1994 by L.L. No. 9-19941 SIGN — Any structure or part thereof, or any device attached to a building or painted or represented thereon, which shall display or include any letter, word, model, banner, pennant, insignia, device, trade flag or representation which is in the nature of, or which is used as, an announcement, direction or advertisement, for commercial purposes or otherwise. A "sign" includes a billboard and a neon tube, string of lights or similar device outlining or 'hung upon any part of a building or lot, but does not include the flag or insignia of any nation or group of nations or of any governmental agency or of any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event. Excluded from this definition are "signs" which are solely devoted to prohibiting trespassing, hunting or fishing. SIGN AREA [Amended 11-29-1994 by L.L. No. 25-19941 — Includes all faces of a sign, measured as follows: (1) When .such sign is on a plate or framed or outlined, all of the area of such plate or the area enclosed by such frame or outline shall be included. 10030.1 1-25-95 § 100-13SOUTHOLD CODE § 100-13 (2) When such sign consists only of letters, designs or figures engraved, painted, projected or in any manner affixed on a wall, the total area of such sign shall be deemed the area that encompasses all the letters and symbols of the sign, together with the area of any background of a color or material different from the general finish of the building, whether painted or applied. SITE PLAN — A development plan for one (1) or more lots on which is shown: (1) The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways. (Cont'd on page 10031) 10030.2 1-25-95 § 100-23 ZONING § 100-30 7 to have been included for the purposes of clarity and emphasis. [Amended 1-10-1989 by L.L. No. 1-19891 —� F. Notwithstanding the limitations imposed by any other 7 provisions of this chapter, no building, dredging or filling operation shall be permitted below the datum of mean high water of tidal waters unless such building, dredging or filling operations have been duly authorized and are conducted in conformity with all laws, ordinances, rules and regulations of all governmental agencies 'having jurisdiction thereof.' ARTICLE III Agricultural -Conservation (A -C) District and Low -Density Residential R-80, R-120, J R-200 and R-400 Districts —' [Last amended 1-10-1989 by L.L. No. 1-19891 § 100-30. Purpose. The purpose of the Agricultural -Conservation (A -C) District and the Low -Density Residential R-80, R-120, R-200 and R-400 Districts is to reasonably control and, to the extent possible, prevent the unnecessary loss of those currently open lands within the town containing large and contiguous areas of prime agricultural soils which are the basis for a significant portion of the town's economy and those areas with sensitive environmen- tal features, including aquifer recharge areas and bluffs. In addition, these areas provide the open rural environment so highly valued by year-round residents and those persons who support the Town of Southold's recreation, resort and second - home economy. The economic, social and aesthetic benefits which can be obtained for all citizens by limiting loss of such areas are well documented and have inspired a host of govern- mental programs designed, with varying degrees of success, to achieve this result. For its part, the town is expending large sums of money to protect existing farm acreage. At the same 1 Editor's Note: See also Ch. 32, Boats, Docks and Wharves, and Ch. 97, Wetlands. 10037 1-25-95 § 100-30 SOUTHOLD CODE § 100-31 time, the town has an obligation to exercise its authority to reasonably regulate the subdivision and development of this land to further the same purposes while honoring the legitimate interests of farmers and other farmland owners. § 100-31. Use regulations. [Amended 3-14-1989 by L.L. No. 3-1989] In A -C, R-80, R-120, R-200 and R-400 Districts, 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) [Amended 5-23-1989 by L.L. No. 8-1989] The following agricultural operations and accessory uses thereto, including irrigation, provided that there shall be no storage of manure, fertilizer or other odor- or dust -producing substance or use, except spraying and dusting to protect vegetation, within one hundred fifty (150) feet of any lot line: (a) The raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of products grown on the premises, subject to the following special requirements: [1] All buildings for display and retail sales of agricultural and nursery products grown on the premises shall not exceed one thousand (1,000) square feet in floor area or one (1) story in height. Display of produce at a roadside farm stand shall be not less than ten (10) feet from all street and lot lines. Any roadside farm stand in 10038 1-25-95 2 Editor's Note: Former Subsection A(2)(a)[2], which required signs to comply with § 100-31C(9), was repealed 11-29-1994 by L:L. No. 25-1994. See now Art. XX, Signs. 3 Editor's Note: See § 100-191A for the Parking Schedule. 4 Editor's Note: See also Ch. 41, Ducks. 10039 1-25-95 J 7 7 § 100-31 ZONING § 100-31 7 excess of fifty (50) square feet in floor area shall be set back twenty (20) feet from the street line. Any stand in existence at the effective date of this chapter must, within one (1) year, comply with all of the provisions hereof. -� [2] (Reserved)2 [3] Off-street parking as required in the -� Parking Schedule shall be provided and shall be approved by the Planning Board. Any roadside stand in existence on the effective date of this subsection must, 7M within one (1) year from such date, comply with the provisions hereof. (b) The keeping, breeding, raising and training of -' horses, domestic animals and fowl (except ducks)4 on lots of ten (10) acres or. more. (c) Barns, storage buildings, greenhouses (including plastic covered) and other related structures, provided that such buildings shall conform to the yard requirements for principal buildings. (3) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. (4) [Added 11-29-1994 by L.L. No. 26-19941 Wineries which meet the following standards: (a) The winery shall be a place or premises on which wine made from primarily Long Island grapes is produced and sold; 2 Editor's Note: Former Subsection A(2)(a)[2], which required signs to comply with § 100-31C(9), was repealed 11-29-1994 by L:L. No. 25-1994. See now Art. XX, Signs. 3 Editor's Note: See § 100-191A for the Parking Schedule. 4 Editor's Note: See also Ch. 41, Ducks. 10039 1-25-95 J 7 § 100-31 SOUTHOLD CODE § 100-31 (b) The winery shall be on a parcel on which at least ten (10) acres are devoted to vineyard or other agricultural purposes, and which is owned by the winery owner; (c) The winery structures shall be set back a minimum of one hundred (100) feet from a major road; and (d) The winery shall obtain site plan approval. B. [Amended 12-21-1993 by L.L. No. 27-19931 Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for two-family dwellings and the uses set forth in Subsection B(14) hereof, are subject to site plan approval by the Planning Board: (1) Two-family dwellings not to exceed one (1) such dwelling on each lot. (2) Places of worship, including parish houses (but excluding a rectory or parsonage, which shall conform to the requirements for a one -family dwelling), subject to the following requirements: (a) No building or part thereof shall be erected nearer than fifty (50) feet to any street line and nearer than twenty (20) feet to any lot line. (b) The total area covered by all principal and accessory buildings shall not exceed twenty percent (20%) of the area of the lot. (3) Private elementary or high schools, colleges and other educational institutions, subject to the following requirements: (a) No building shall be less than fifty (50) feet from any street or lot line. 10040 1-25-95 7 § 100-31 ZONING § 100-31 (b) The total area occupied by all principal and accessory buildings shall not exceed twenty percent (20%) of the area of the lot. (c) Any school shall be a nonprofit organization within the meaning of the Internal Revenue Act J 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 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) Sufficient exterior illumination of the site shall be required to provide convenience and safety. All such illumination shall be shielded from the view of all surrounding streets and lots. 10041 1-25-95 § 100-31 SOUTHOLD CODE § 100-31 (f) Any nursing home, hospital or sanatorium shall meet the following standards: [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. (Communi- cable 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. 10042 1-25-95 J 7 § 100-31 7 ZONING § 100-31 (b) The total area covered by principal and accessory buildings shall not exceed twenty percent (20%) of the area of the lot. (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. (e) The direct source of all exterior lighting shall be shielded from the view of surrounding residential lots. (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) All outdoor lighting shall be arranged and/or shielded to eliminate the glare of lights toward nearby residential lots, streets or other public facilities. 10043 1-25-95 § 100-31 SOUTHOLD CODE § 100-31 (d) 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 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)5 One (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. 5 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 1-25-95 10045 1-25-95 J § 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 7 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. 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, J 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 1-25-95 J § 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) The renting of not more than three (3) rooms in an owner -occupied dwelling for lodging and serving of breakfast to not more than six (6) casual and transient roomers, provided that the renting of such rooms for such purpose is clearly incidental and subordinate to the principal use of the dwelling, subject to the following requirements: (a) Adequate off-street parking spaces shall be provided for such rented rooms in addition to 10046 1-25-95 I 7 § 100-31 ZONING § 100-31 parking spaces for the use of the family of the owner. (b) 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. [Added 3-14-1989 by L.L. No. 3-19891 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. 14-1992] 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 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. 10047 1-25-95 § 100-31 SOUTHOLD CODE § 100-31 (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 homes, rooming houses or boardinghouses and uses similar to those listed above. 10048 1-25-95 § 100-31 7 J 7 ZONING § 100-31 (h)s Home occupations, home business office and home professional offices shall not include manufacturing, fabrication or construction of any type on the site. (a) Any swimming pool shall be completely enclosed with a permanent chain link (or similar type) fence of not more than two-inch mesh, not less than four (4) feet in height, erected, maintained and provided with a self- closing, self -latching gate to prevent unauthorized use of the pool and to prevent 6 Editor's Note: Former Subsection C(2)(h), which regulated signs, was repealed 11-29-1994 by L.L. No. 25.1994. Said L.L. No. 25-1994 also redesignated former Subsections C(2)(i) and (j) as Subsections C(2)(h) and (i), respectively. For current sign provisions, see Art. XX, Signs. 10049 1-25-95 (i) The outdoor storage of equipment necessary for J residents connected with aquaculture shall be 7 screened from view and shall conform to the setbacks for accessory structures. J (3) Boat docking facilities for the docking, mooring or accommodation of noncommercial boats, subject to the following requirements:. (a) There shall be docking or mooring facilities for 7 no more than two (2) boats other than those owned and used by the owner of the premises for his personal use. 7 (b) The Town Trustees shall approve new boat docking facilities. (c) Boats at such docking facilities shall not be used for overnight sleeping purposes. (4) Garden house, toolhouse, storage building, playhouse, wading pool, swimming pool or tennis court incidental to the residential use of the premises and not operated for gain, subject to the J following requirements: (a) Any swimming pool shall be completely enclosed with a permanent chain link (or similar type) fence of not more than two-inch mesh, not less than four (4) feet in height, erected, maintained and provided with a self- closing, self -latching gate to prevent unauthorized use of the pool and to prevent 6 Editor's Note: Former Subsection C(2)(h), which regulated signs, was repealed 11-29-1994 by L.L. No. 25.1994. Said L.L. No. 25-1994 also redesignated former Subsections C(2)(i) and (j) as Subsections C(2)(h) and (i), respectively. For current sign provisions, see Art. XX, Signs. 10049 1-25-95 § 100-31 SOUTHOLD CODE § 100-31 accidents. However, if said pool is located more than four (4) feet above the ground, then a fence is not required, provided that all points of access to said pool are adequately protected by a self-closing, self -latching gate. Any swimming pool in existence at the effective date of the provisions of this subsection shall, within one (1) year from such date, comply with all of the provisions hereof. (b) Individual outdoor tennis court related to residential use on a lot containing a single- family detached dwelling, provided that the same is set back not less than six (6) feet from all lot lines and that there is no lighting for after dark use. (5) Private garages; provided, however, that not more than two (2) passenger automobile spaces in such .garages may be leased to persons not resident on the premises. (6) Off-street parking spaces accessory to uses on the premises. Not more than four (4) off-street parking spaces shall be permitted within the minimum front yard. — (7) The storage of either a boat or travel trailer owned and used by the owner or occupant of the premises on which such boat or travel trailer is stored, for his personal use, subject to § 100-191Q, Supplemental parking regulations, and the following require- ments: (a) Such boat or trailer shall not exceed thirty (30) feet in length. (b) Such boat or trailer shall be stored only in the required rear yard, and the area occupied thereby, together with the area of all buildings in the rear yard, shall not exceed forty percent (40%) of the area of the required rear yard. 10050 1-25-95 J § 100-31 ZONING § 100-31 7 (c) Such boat or trailer shall not be located within fifteen (15) feet of any street -or lot line. -� (8) Horses and domestic animals other than household pets, provided that such animals shall not be housed within forty (40) feet of any lot line. Housing for flocks of more than twenty-five (25) fowl shall not be constructed within fifty (50) feet of any line. (9)7 Yard sales, attic sales, garage sales, auction sales or J similar types of sales of personal property owned by the occupant of the premises and located thereon, subject to the following requirements: (a) Not more than one (1) such sale shall be conducted on any lot in any one (1) calendar year. (b) Adequate supervised parking facilities shall be provided. (c) No signs, except one (1) on -premises sign not larger than six (6) square feet in size displayed for a period of not longer than one (1) week immediately prior to the day of such sale, shall be permitted. (d) A permit shall be obtained therefor from the Town Clerk upon the payment of a fee of fifteen dollars ($15.). [Amended 8-24-1993 by L.L. No. 18-19931 (e) The display permit issued by the Town Clerk shall be posted on the premises so it can be read from the street and removed before sundown on the day of the sale. [Added 8-24-1993 by L.L. No. 18-19931 7 Editor's Note: Former Subsection C(9), as amended, which regulated signs, was repealed 11-29-1994 by L.L. No. 25-1994, which local law also renumbered former Subsection C(10) as C(9). For current sign provisions, see Art. KY, Signs. 10051 1-25-95 § 100-31 SOUTHOLD CODE § 100-32 (10) Wineries may have an accessory gift shop on the premises which may sell items accessory to wine, such as corkscrews, wineglasses, decanters, items for the storage and display of wine, books on winemaking and the region and nonspecific items bearing the insignia of the winery. Wineries may not have a commercial kitchen as an accessory use but may have a noncommercial kitchen facility for private use by the employees. [Added 11-29-1994 by L.L. No. 26-19941 § 100-32. 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 Agricultural - Conservation District and in the Low -Density Residential R-80 District unless the same conforms to the Bulk Schedule and Parking Schedule' incorporated into this chapter with the same force and effect as if such regulations were set forth herein in full, as well as to the following bulk and parking requirements: A. In the case of a lot held in single and separate ownership prior to November 23, 1971, and thereafter, with an area of less than forty thousand (40,000) square feet, a single-family dwelling may be constructed thereon, provided that the requirements of Column vii of the Bulk Schedule and the Parking Schedule incorporated in this chapter are complied with. B. The bulk and parking requirements for single-family dwellings as set forth in Column ii of the Bulk Schedule and the Parking Schedule incorporated into this chapter shall apply to the following lots: (1) All lots shown on major and minor subdivision maps which were granted final approval by the Planning Board prior to May 20, 1983. 8 Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking Schedule is in § 100-191A. 10052 1 -25-95 § 100-32 ZONING § 100-32 (2) All lots shown on major subdivision maps upon which the Planning Board has held a hearing for preliminary map approval prior to May 20, 1983. (3) All lots shown on minor subdivision maps that have been granted sketch plan approval by the Planning Board prior to May 20, 1983. (4) All lots set off or created by approval of the Planning Board subsequent to November 23, 1971, and prior J to May 20, 1983. C. The bulk and parking requirements for single-family dwellings set forth in Columns i and iii of the Bulk Schedule and Parking Schedule incorporated into this chapter shall apply to the following lots: (1) All lots shown on minor subdivision maps which have been granted sketch plan approval- by the Planning Board on or after May 20, 1983. (2) All lots shown on major subdivision maps upon which the Planning Board has held a hearing for preliminary map approval on or after May 20, 1983. (3) All lots set off or created by approval of the Planning Board on or after May 20, 1983. D. The bulk and parking requirements for two-family dwellings set forth in Column xii of the Bulk Schedule and Parking Schedule incorporated into this chapter shall apply to the following lots: (1) All lots shown on minor subdivision maps which have been granted sketch plan approval by the Planning Board on or after May 20, 1983. (2) All lots shown on major subdivision maps upon which the Planning Board has held a hearing for preliminary approval on or after May 20, 1983. (3) All lots set off or created by approval of the Planning Board on or after May 20, 1983. J 10053 1-25-95 § 100-33 SOUTHOLD . CODE § 100-33 § 100-33. Accessory buildings. [Amended 4-10-1990 by L.L. No. 6-19901 In the Agricultural -Conservation District and Low -Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Such buildings shall not exceed eighteen (18) feet in height. B. Setbacks. [Amended 7-17-1990 by L.L. No. 14-1990; 2-5-1991 by L.L. No. 2-19911 (1) On lots containing up to twenty thousand (20,000) square feet, such buildings shall be set back no less than three (3) feet from any lot line. (2) On lots containing more than twenty thousand (20,000) square feet up' to thirty-nine thousand nine hundred ninety-nine (39,999) square feet, such buildings shall be set back no 'less than _five (5) feet from any lot line. (3) On lots containing in excess of thirty-nine thousand nine hundred ninety-nine (39,999) square feet up to seventy-nine thousand nine hundred. ninety-nine (79,999) square feet, such buildings shall be set back no less than ten (10) feet from any lot line. (4) On lots. containing in excess of seventy-nine thousand nine hundred ninety-nine (79,999) square feet, such buildings shall be set back no less than twenty (20) feet from any lot line. C.' In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front -yard setback requirements as set forth by this Code. [Added 12-22-1992 by L.L. No. 33-19921 9 Editor's Note: Former Subsection C, regarding percentage of occupancy of required yard, was repealed 7-17-1990 by L.L. No. 14-1990. 10054 1-25-95 § 100-30A.1 ZONING § 100-30A.2 ARTICLE IIIA Low -Density Residential R-40 District' [Added 1-10-1989 by L.L. No. 1-19891 § 100-30A.1. Purpose. The purpose of the Low -Density Residential R-40 District is to provide areas for residential development where existing neighborhood characteristics, water supply and environmental conditions permit full development densities of approximately one (1) dwelling per acre and where open space and agricultural preservation are not predominate objectives. § 100-30A.2. Use regulations. In an R-40 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) Same as § 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 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: (1) Same as § 100-31B of the Agricultural -Conservation District, except that a children's recreation camp, farm labor camp and veterinarian's office and animal hospital are .not permitted and bed -and - breakfast uses do not require site plan approval. (2) Libraries, museums or art galleries. C. Accessory uses, limited to the following: 10054.1 1-25-95 § 100-30A.2 SOUTHOLD CODE § 100-40 (1) Same as § 100-31C of the Agricultural -Conservation District. § 100-30A.3. 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 Low -Density Residential R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule,10 with the same force and effect as if such regulations were set forth herein in full. § 100-30A.4. Accessory buildings. Accessory buildings shall be subject to the same requirements as § 100-33 of the Agricultural -Conservation District. ARTICLE IV Hamlet Density (HD) Residential District [Added 1-10-1989 by L.L. No. 1-1989111 § 100-40. Purpose. The purpose of the Hamlet Density (HD) Residential District is to permit a mix of housing types and level of residential density appropriate to the areas in and around the major hamlet centers, particularly Mattituck, Cutchogue, Southold, Orient and the Village of Greenport. 10 Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking Schedule is in § 100.191A. 11 Editor's Note: This local law also repealed former Art. IV, M Light Multiple - Residence District, as amended. 10054.2 1-25-95 § 100-41 ZONING § 100-42 § 100-41. Applicability. The Hamlet Density (HD) Residential District may be designated on the Zoning Map by the Town Board upon its own motion or by petition on parcels within one-half (1/2) mile of a Hamlet Business (HB) District of Mattituck, Cutchogue and J Southold Hamlet and within one-fourth (1/4) mile of the Hamlet 7 Business (HB) District of Orient and within one-half (1/2) mile of the boundary of the Village of Greenport. J § 100-42. Use regulations. In the HD District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: -� A. Permitted uses. (1) One -family detached dwelling. (2) Two-family dwelling. 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: (1) Multiple dwellings, townhouses, row or attached houses. (2) Accessory apartments in single-family residences as set forth in and regulated by § 100-31B(13) of the Agricultural -Conservation District. J (3) Bed -and -breakfast uses as set forth in and regulated —� by § 100-31B(14), without site plan approval.12 C. Accessory uses, limited to the following: J 7F 12 Editor's Note: Former Subsection B(4), wineries, added 8-1.1989 by L.L. No. 15-1989, was repealed 11-29-1994 by L.L. No. 26-1994. 10054.3 1-25-95 § 100-42 SOUTHOLD CODE § 100-43 (1) Accessory uses as set forth in and regulated by § 100-31C(1) through (7) and (9) of the Agricultural - Conservation District, and subject to conditions set forth in § 100-33 thereof. [Amended 11-29-1994 by L.L. No. 25-19941 (2)13Accessory buildings, structures and other required facilities and equipment necessary to provide community sewers, water, heat, utilities and other community sen -ices to all buildings and structures on the premises; provided, however, that the plans for and the location of the same shall be approved by the Planning Board. § 100-43. 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 Hamlet Density (HD) Residential District unless the same conforms to the Bulk Schedule and Parking Schedule incorporated into this chapter, with the same force and effect as if such regulations were set forth herein in full.14 13 Editor's Note: Former Subsection C(2), which regulated freestanding and ground signs, was repealed 11.29.1994 by 1.J- No. 25-1994, which local law also renumbered former Subsection C(3) as Subsection C(2). 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 Schedule is in 4 100-191A. 10054.4 1-25-95 in § 100-50 ZONING § 100-50 ARTICLE V Affordable Housing (AHD) District [Added 7-1-1986 by L.L. No. 6-1986; amended 11-16-1986 7 by L.L. No. 14-1986; 1-10-1989 by L.L. No. 1-1989161 J § 100-50. Purpose. 7 The purpose of the Affordable Housing (AHD) District is to provide the opportunity within certain areas of the town for the J development of high-density housing for families of moderate 7 income. (Cont'd on page 10055) 10 Editor's Note: This local law also repealed former Art. V, M-1 General Multiple - Residence District; as amended. 10054.5 1-25-95 7 § 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: 10069 1-25-95 (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. (b) The maximum number of guest units shall be: [1] One (1) unit per six thousand (6,000) square feet of land without public water or -- sewer. 10069 1-25-95 § 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) No lights shall create a glare on adjoining property. (e) 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)i6Sanitary and laundry facilities. (3) Accessory uses set forth in and as regulated by § 100-42C(2) of the Hamlet Density Residential District. 16 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 1-25-95 7 § 100-62 ZONING § 100-71 § 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 erected or altered in the Residential RR District unless the J 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.17 ARTICLE VII Residential Office (RO) District [Added 1-10-1989 by L.L. No. 1-198918] § 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. 17 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. 18 Editor's Note: This local law also repealed former Art. VII, B-1 General Business District, as amended. 10071 1-25-95 § 100-71 SOUTHOLD CODE § 100-71 (2) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. (3) Buildings, structures and uses owned or operated by fraternal organizations and utilized for activities typically conducted by a fraternal organization, including but not limited to public meeting places, charitable and fundraising events, patriotic observances and catering for public and private functions. [Added 11-28-1989 by L.L. No. 22-19891 B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the Planning Board, provided that not more than one (1) use shall be allowed for each forty thousand (40,000) square feet of lot area: (1) Special exception uses as set forth in and regulated by § 100-31B(1) through (7) of the Agricultural - Conservation District. (2) Professional offices and business offices. (3) Funeral homes. (4) Bed -and -breakfast uses as set forth in and regulated by § 100-31B(14), except that no site plan approval is required. (5) Libraries, museums or art galleries. (6)19Apartments 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. 23-1989] 19 Editor's Note: Former Subsection B(6), wineries, added 8.9-1989 by L.L. No. 15-1989, was repealed 11-29.1994 by L.L. No. 26-1994, which local law also renumbered former Subsection B(7) as Subsection B(6). 10072 1-25-95 § 100-71 ZONING § 100-80 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 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)20Accessory 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.21 ARTICLE VIII Limited 'Business (LB) District [Added 1-10-1989 by L.L. No. 1-1989221 § 100-80. Purpose. The purpose of the Limited Business (LB) District is to provide an opportunity to accommodate limited business 20 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. 21 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. 22 Editor's Note: This local law also repealed former Art. VIII, C Light Industrial District, as amended. 10073 1-25-95 § 100-80 SOUTHOLD CODE § 100-81 activity along highway corridors, but in areas outside the hamlet central business areas, that is consistent with the rural and historic character of surrounding areas and uses. Emphasis will be placed on review of design features so that existing and future uses will not detract from surrounding uses. The additional uses must generate low amounts of traffic and be designed to protect the residential and rural character of the area. § 100-81. Use regulations. In the LB District, no building shall be used and no building or part of a building shall be erected or altered which is arranged, 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 10074 1-25-95 § 100-81 ZONING § 100-81 10075 1-25-95 and does not occur within three (3) feet of the property line. [4] Libraries or museums. (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; and [3] Wineries 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 provided and, except for bed -and -breakfast uses, are subject to site ,plan approval by the Planning Board: 10075 1-25-95 § 100-81 SOUTHOLD CODE § 100-82 (1) Any special exception use as set forth in and regulated by § 100-31B of the Agricultural - Conservation District. [Amended 8-1-1989 by L.L. No. 15-1989; 11-29-1994 by L.L. No. 26-19941 C. [Amended 5-9-1989 by L.L. No. 6-19891 Accessory- uses. ccessoryuses. 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. 26-1994]23 § 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 fu11.24 23 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. KY, Signs. 24 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 1-25-95 § 100-90 ZONING § 100-91 ARTICLE IX Hamlet Business (HB) District [Added 1-10-1989 by L.L. No. 1-1989251 § 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. 6-19891 Permitted uses. The following are permitted uses and, except for those uses permitted under Subsection A(1) and (2) 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. J (4) Business, ,professional and governmental offices. 7 (5) Banks and financial institutions. (6) Retail stores. 25 Editor's Note: This local law also repealed former ArL Ix, C-1 General Industrial District, as amended. J 10077 1-25-95 7 § 100-91 SOUTHOLD CODE § 100-91 (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. 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. (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. 16-1990] 10078 1-25-95 § 100-91 ZONING § 100-91 (4) [Amended 12-12-1989 by L.L. No. 23-1989] 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. (e) Each apartment shall have at least one (1) on- site off-street parking space meeting the 7 standards of this chapter, conveniently located for access to the apartment. J 10079 1-25-95 J 7 § 100-91 SOUTHOLD CODE ' § 100-91 (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) Bed -and -breakfast enterprises or boarding- and/or tourist homes as set forth and regulated by § 100-61B(5) of the Resort Residential (RR) District. (6) Fraternal or social institutional offices or meeting halls. (7) Drinking establishments. (8) Public garages. (9) Funeral homes. 10080, 1-25-95 § 100-91 ZONING § 100-91 7 (10) (Reserved)26 (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 J 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. (e) Advertisements, including trademark logos, may not be affixed, painted or glued onto the windows of the business or onto any exterior 26 Editor's Note: Former Subsection E(10), wineries, amended B-1-1989 by L.L. No. 15-1989, was repealed 11-26-1994 by L.L. No. 26-1994. 10081 1-25-95 § 100-91 SOUTHOLD CODE § 100-93 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 6-9-1989 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 27 § 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 full.28 ' § 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 27 Editor's Note: Former Subsections C(2) and (S), which regulated signs, were repealed 11.29-1994 by L.L. No. 25-1994. For current sign provisions, see Art. KY, Signs. 28 Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking and Loading Schedules are in R 100-191 and 100-192. 10082 M_ 1-25-95 W7 L r § 100-93 ZONING § 100-101 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. 1-198991 § 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. (2) Any permitted use set forth in and regulated by § 100-91A(3) to (18) of the Hamlet Business District. 29 Editor's Note: This local law also repealed' former Art. x, Tourist Camps, Camp Cottages and Trailers. 10083 1-25-95 § 100-101 SOUTHOLD CODE § 1007-101 (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) ine:(7) Wholesaletretail 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 shal obtain site plan approval; and (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 10084 1-25-95 § 100-101 ZONING § 100-101 provided, subject to site plan approval by the Planning Board: (1) Any special exception use as set forth in and regulated by § 100-31B(2) to (12), except wineries are not required to be in connection with a vineyard. [Amended 8-1-1989 by L.L. No. 15-19891 (2) Hotel or motel uses as set forth in and regulated by § 100-61B(4) of the Resort Residential (RR) District, except that the minimum lot size shall be three (3) acres. [Amended 8-13-1991 by L.L. No. 19-19911 (3) Bed -and -breakfast enterprises or boarding and/or tourist homes as set forth in and regulated by § 100-31B(14) of the Agricultural -Conservation District, except that no site plan approval is required. (4) Tourist camps as regulated by Chapter 88, Tourist and Trailer Camps, of the Town Code.. (5) Research, design or development laboratories, —� provided that any manufacturing shall be limited to prototypes and products for testing. (6) Fully enclosed commercial recreation facilities, including but not limited to tennis clubs, skating rinks, paddle tennis, handball and squash facilities, dance halls, billiard parlors, bowling alleys, health spas -and clubs and uses normally accessory and incidental to commercial recreation, such as locker rooms, eating and drinking facilities and retail sale of goods associated with the particular activity. (7) Laundry or dry-cleaning plants, subject to the following conditions: (a) All processes and storage shall be carried on within an enclosed building. (b) All fluids used in processing shall be recycled, and the overall facility shall be designed, 10085 1-25-95 § 100-101 SOUTHOLD CODE . § 100-101 located and operated to protect surface waters and the groundwater reservoir from pollution. (8) Fraternal or social institutional offices or meeting halls (nonprofit). (9) Take-out restaurants, provided that eating on the premises of the take-out restaurant shall be permitted only inside the structure or in areas specifically designated and properly maintained outside of the structure and where the minimum lot size for a freestanding structure is forty thousand (40,000) square feet. [Amended 5-16-1994 by L.L. No. 9-19941 (10) Drinking establishments. (11) Automobile laundries. (12) Public garages, gasoline service stations, new and - used motor vehicle lots, vehicle sales and rental, including the sale of recreation vehicles and trailers and boat sales, with accessory repair facilities, all subject to the following requirements: (a) Entrance and exit driveways shall have an unrestricted width- of not less than twelve (12) feet and not more than.thirty (30) feet and shall be located not less than ten (10) feet from any property line and shall be so laid out as to avoid the necessity of any vehicle backing out across any public right-of-way. (b) Sale of used vehicles or boats shall be conducted only as accessory to the sale of new vehicles or boats. (c) Vehicle lifts or pits, dismantled automobiles, boats and vehicles and all parts or supplies shall be located within a building. (d) All service or repair of motor vehicles, other than such minor servicing as change of tires or _ L 1-25-95 § 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) Outdoor area lighting shall be that generally required for security purposes and shall be restricted to the front one-third (1/3) of the lot depth. All outdoor lighting shall be located at a height of not more than fourteen (14) feet above ground level and so directed that illumination should not extend beyond lot lines. (h) 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 10087 1-25-95 § 100-101 SOUTHOLD CODE § 100-101 dispensing equipment at the self-service pump island whenever the qualified attendant is absent from the control console for any reason 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. W No customer shal 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 elfservice 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. 11-19931 10088 L 1_25-95 L 7 § 100-101 ZONING § 100-101 (16) [Added 5-16-1994 by L.L. No. 9-19941 Formula food restaurants located within a shopping center in this zone, subject to the following requirements: (a) There must be sufficient parking as provided for by the Article XIX, Parking and Loading Areas, of this chapter, and such parking area shall be available within the shopping center site to accommodate the use. (b) The operation of the establishment shall not create traffic problems. (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. (e) Advertisements, including trademark logos, may not be affixed, painted or glued onto the windows of the business or onto any exterior structure, including waste disposal receptacles and flags. W The signage must conform to the existing color theme and signage style of the shopping center. (g) The existing exterior architectural style of the shopping center building may not be altered or modified in any way to accommodate the proposed use. (h) The use must be located within the shopping center's main primary building complex and may not be located within a single freestanding structure within the shopping center site. 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, 10089 1-25-95 § 100-101 SOUTHOLD CODE § 100-110 which are governed by Article XX, are subject to site plan review: (1) Accessory uses set forth in and as regulated by § 100-31C(1) through (8) and (10) of the Agricultural -Conservation District, subject to the conditions set forth in § 100-33 thereof. [Amended 11-29-1994 by L.L. No. 26-1994) (2)SOOpen storage of materials or equipment, provided that such storageshall be at least twenty-five (25) feet from any lot_ line, not be more than six (6) feet high and be suitably screened by a solid fence or other suitable means of at least six (6) feet in height. § 100-102. Bulk, area and parking requirements. No building or premises shall be used and no building or part thereof'shall be erected or altered in the B 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.31 ARTICLE XI Marine I (MI) District [Added 1-10-1989 by LL. No. 1-1989111 § 100-110. Purpose. The purpose of the Marine I (MI) District is to provide a waterfront location for a limited range of water -dependent and 30 Editor's Note: Former Subsections- C(2) and (3), which regulated signs, were repealed 11.29-1994 by I.I.. No. 25.1994, which local law also renumbered former Subsection C(4) as Subsection C(2). For current sign provisions, see Art. xg, Signs. 31 Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking and Loading Schedules are in 44 100.191 and 100-192. 32 Editor's Note: This local law also repealed former Art. 3a, General Regulations, as amended. 10090 1-25-95 § 100-110 ZONING § 100-111 water -related uses, which are those uses which require or 7 benefit from direct access to or location in marine or tidal waters but which are located within the town's tidal creeks or J natural coves. 7 § 100-111. Use regulations. In an MI District, no building or premises shall be used and no building or part of a building shall be erected or altered AN which is arranged, intended or designed to be used, in whole or 7 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) One (1) one -family detached dwelling per single and separate lot of record in existence as of the date of adoption of this Article. (2) Marinas for the docking, mooring and accommodation of recreational or commercial boats, including the sale of fuel and oil primarily for the use of boats accommodated in such marinas. (3) Boat docks, slips, piers or wharves for pleasure or fishing trips or for vessels engaged in fishery or shellfishery. (4) Boatyards for building, storing, repairing, renting, selling or servicing boats, which may include the following as an accessory use: office for the sale of marine equipment or products, dockside facilities for dispensing of fuel and, where pumpout stations are provided, rest room and laundry facilities to serve overnight patrons. (5) Boat and marine engine repair and sales and display, yacht brokers and marine insurance brokers. 10091 1-25-95 § 100-111 SOUTHOLD CODE § 100-112 (6) Buildings, structures and uses owned.or operated by the Town of Southold, school districts, park districts and fire districts. (7) Retail sale or rental of fishing, diving or bathing supplies and equipment if accessory to a marina or boatyard or ship's loft or chandlery. 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) Beach clubs, yacht clubs or boat clubs, including uses accessory to them, such as swimming pools, tennis courts and racquetball facilities. (2) Mariculture or aquaculture operations or research and development. 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 as set forth in and regulated by § 100-31C(1) through (7) of the Agricultural - Conservation District, and subject to the conditions of § 100-33 thereof.33 § 100-112. Bulk, area and parking regulations. No building shall be used and no building or part thereof shall be erected or altered in the MI District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the 33 Editor's Note: Former Subsection C(2), which regulated signs and immediately followed this subsection, was repealed 11-29-1994 by L.L. No. 25-1994. For current sign provisions, see Art. XX, Signs. 10092 1-25-95 § 100-112 ZONING § 100-121 same force and effect if such -regulations were set forth herein in full 34 ARTICLE M135 Marine II (M11) District -� [Added 1-10-1989 by LL. No. 1-19891 7 § 100-120. Purpose: The purpose of the Marine II (MII) District is to provide a waterfront location for a wide range of water -dependent and water -related uses, which are those uses which require or S benefit from direct access to or location in marine or tidal -� waters and which, in general, are located on major waterways, open bayfronts or the Long Island Sound. § 100-121. Use regulations. In the MII 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 [one (1) use per eighty J thousand (80,000) square feet of land above mean high water, unless otherwise specified]: A. [Amended 5-9-1989 by L.L. No. 6-19891 Permitted J uses. The following uses are permitted used and, except 7 for -those uses permitted under Subsection A(1) hereof, are subject to site plan approval by the Planning Board: -� (1) One (1) one -family detached dwelling per single and 7 separate lot of record in existence as of the date of adoption of this Article. 34 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. 35 Editor's Note: Former Art. XII, Board of Appeals, was renumbered as Art. %XVII 1-10-1989 by L.L. No. 1-1989. 10093 1-25-95 § 100-121 SOUTHOLD CODE § 100-121 (2) Marinas for the docking, mooring and accommodation of recreational or commercial boats; including the sale of fuel and oil primarily for the use of boats accommodated in such marina. (3) Boat docks, slips, piers or wharves for charter boats carrying passengers on excursions, pleasure or fishing - trips or for vessels engaged in fishery or shellfishery. (4) Beach clubs, yacht clubs or boat clubs, including uses accessory to them, such as swimming pools, tennis courts. and racquetball facilities. (5) Boatyards for building, storing, repairing, renting, selling or servicing boats, which may include the following as an accessory use: office for the sale of marine equipment or products, dockside facilities for dispensing of fuel and, where pumpout stations are provided, rest room and laundry facilities -to serve overnight patrons. (6) Mariculture or aquaculture operations or research and development. (7) Boat and marine engine repair and sales and display, yacht brokers or marine insurance brokers. (8) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. (9) Retail sale or rental of fishing, diving or bathing supplies and equipment if accessory to a marina or boatyard or ship's loft or chandlery. 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) Restaurants, excluding . outdoor counter service, drive-ins or curb -service establishments. Such 10094 1-25-95 § 100-121 ZONING § 100-121 prohibition shall not prevent service at tables on a covered or uncovered terrace or porch incidental to a restaurant. (2) Ferry terminals. (3) Transient hotels or motels, subject to the following conditions: (a) The minimum area for such use shall be not less than three (3) acres. (b) The number of guest rooms permitted in the hotel or motel shall be determined by the proportion of the site utilized for such use and the availability of public water and sewer. The maximum number of guest units shall be one (1) unit per four. thousand (4,000) square feet of land with public water and sewer. (4) Fish processing plants. (5) Fish markets, which may include a combination of wholesale and retail sale of finfish and shellfish. (6) Museums with a nautical theme or art galleries. 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 as set forth in and regulated by § 100-31C(1) through (7) of the Agricultural - Conservation District, and subject to the conditions of § 100-33 thereofss 36 Editor's Note: Former Subsection C(2), which regulated signs and immediately followed this subsection, was repealed 11-29-1994 by L.L. No. 25.1994. For current sign provisions, see Art. XX, Signs. 10095 1-25-95 § 100-122 SOUTHOLD CODE § 100-131 § 100-122. Bulk, area and parking regulations. No building shall be used and no building or part thereof shall be erected or altered in the MII 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 if such regulations were set forth herein in full.s7 ARTICLE XIII Light Industrial Park/Planned Office Park (LIO) District [Added 1-10-1989 by L.L. No. 1-198938] § 100-130. Purpose. The purpose of the Light Industrial Park/Planned Office Park (LIO) District is to provide opportunity for the location of business and professional offices, research facilities, industrial uses and similar activities in an open, campus -like setting in areas which are not appropriate for commercial activity or low- density residential development. In this area, such uses can be established in an attractive environment and serve both as a means of preserving the open qualities of an area and providing an area adjacent to hamlet areas where such uses can be appropriately developed with suitable protection for ground - and surface waters. All uses must conform to Suffolk County Health Department standards. § 100-131. Use regulations. In the LIO District, no building or premises shall be used and no building or part of a building shall be erected or altered 37 Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking and Loading Schedules are in 44 100-191 and 100-192. 38 Editor's Note: This local law also repealed former Art. X1I1, Site Plan Approval, as amended. For current provisions, see Art. XXV, Site Plan Approval. 10096 1-25-95 § 100-131 ZONING § 100-131 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 § 100-101A(3) to (5) of the General Business District. (3) Office buildings for businesses, governmental and professional uses, including administrative training, data processing, publication, financial and sales offices. (4) Telephone exchanges. (5) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. (6) 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, subject to site plan approval by the Planning Board: (1) Any special exception use set forth in and as regulated by § 100-101B(5), (7) and (10) of the General Business District. (2) Light industrial uses involving the fabrication, reshaping, reworking, assembly or combining of products from previously prepared materials and which do not involve the synthesis of chemical or 10086.1 1-25-95 § 100-131 SOUTHOLD CODE § 100-131 chemical products other than for pharmaceutical or research purposes or the processing of any raw materials except agricultural raw materials. Such uses may include industrial operations such as electronic, machine parts and small component assembly, as opposed to heavy industrial operations such as automobile assembly or milling activities, and will be subject to the following conditions: (a) No such process or operation shall involve the handling, storage or discharge of explosives or permit upon the premises any virus or other type of infectious organisms identified with diseases of animals or humans. (b) No offensive noises, gases, fumes, smoke, odors, dust, effluent or vibrations shall emanate from such use and no waste products shall be .discharged therefrom of a character to create a nuisance or to be injurious to � health or to negatively impact groundwater. (c) Such processes shall involve the use of only oil, gas or electricity for fuel. - (3) Conference facilities, subject to the following conditions: (a). Where rooms are provided for conference attendees, said rooms are permitted as set forth and regulated by § 100-61B(4) of the Resort Residential (RR) District. [Amended 5-23-1989 by L.L No. 7-19891 (4) Public utility structures and uses. (5) Printing or publishing plants. (6) Truck or bus terminals (garages, parking facilities, loading docks, etc.). (7) Food processing and packaging plants, not including fish processing plants. -. 10096.2 L 1-25-95 L -J 7 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. J 0 (13) Bed -and -breakfast uses as set forth in and as regulated by § 100-31B(14), provided that no site plan approval is required S9 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)40Fully enclosed storage facilities incidental to the J 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. 1 7 39 Editor's Note: Former Subsection B(14), wineries, which immediately followed this subsection, was repealed 11-29-1994 by L.L. No. 26-1994. J40 Editor's Note: Former Subsections C(2) and (3), which regulated signs, were 7 repealed 11-29-1994 by L.L. No. 25-1994, which local law also renumbered former Subsections C(4) through (11) as Subsections C(2) through (9), respectively. For current provisions regarding signs, see Art. xx, Signs. J 7 10096.3 1-25-95 J 0 § 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 41 41 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. 10096.4 L r J 7 § 100-140 ZONING § 100-141 J —� ARTICLE XIV42 Light Industrial (LI) District [Added 1-10-1989 by L.L. No. 1-19891 7 § 100-140. Purpose. J 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. § 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 for 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. 26-1994] 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: 42 Editor's Note: Former Art. XIV, Administration and Enforcement, was renumbered as Art. XXVIII 1-10-1989 by 1-1.. No. 1-1989. 10096.5 1-25-95 § 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. (2) Bed -and -breakfast uses as set forth in and as regulated by § 100-31B(14), provided that no site plan approval is required 43 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)"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 shal 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.45 43 Editor's Note: Former Subsection B(3), wineries, added 8-1-1989 by L.L. No. 15-1989; which immediately followed this subsection, was repealed 11.29-1994 by L.L. No. 2&1994. 44 Editor's Note: Former Subsections C(2) and' (3), which regulated signs, were repealed_ 11.29-1994 by LSA No. 25-1994, which local law also renumbered former Subsection C(4) as C(2). For current sign provisions, see Art. x%, Signs. 45 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 1-25-95 § 100-150 ZONING § 100-151 ARTICLE XV46 Density, Minimum Lot Size and Bulk Schedules [Added 1-10-1989 by L.L. No. 1-19891 § 100-150. Repeal of existing schedule; incorporation of new schedules. The existing Bulk and Parking Schedule incorporated into this chapter by reference is hereby repealed, and the Density, Minimum Lot Size and Bulk Schedules hereinafter set forth are substituted in place thereof.47 § 100-151. Conformance required. Except as otherwise provided in this chapter, no building or premises shall be used or occupied and no building or structure or part thereof shall be erected or altered in a use district unless the same conforms to the Density and Minimum Lot Size Schedules and the Bulk Schedules hereinafter set forth 46 ARTICLE XVI (Reserved) ARTICLEXXVII (Reserved) 46 Editor's Note: Former Art. XV, Amendments, was renumbered as Art. )-=1-10.1989 by L.L. No. 1-1989. 47 Editor's Note: The Density, Minimum Lot Size and Bulk Schedules are included at the end of this chapter. 48 Editor's Note: The Density, Minimum Lot Size and Bulk Schedules are included at the end of this chapter. 10096.7 1-25-95 § 100-180 SOUTHOLD CODE ARTICLE XVIII Cluster Development [Added 1-10-1989 by L.L. No. 1-19891 M— § § 100-180 or § 100-180. Purpose. The purpose of this Article is to encourage flexibility and innovation in the design of residential development that cannot be achieved on many sites through adherence to traditional zoning and subdivision regulations. Further, the application of the cluster development technique is intended to achieve: A. Maximum reasonable conservation of land and protection of groundwater supply and groundwater recharge areas. B. Preservation of agricultural activity by encouraging retention of large continuous areas of agricultural use. (Cont'd on page 10097) 10096.8 1-E5-95 § 100-192 ZONING § 100-200 D. Joint facilities. Permitted or required loading berths, open or enclosed, may be provided in spaces designed to serve jointly two (2) or more adjacent establishments, provided that the number of required berths in such joint facilities shall not be less than the total required for all such facilities. E. Lots divided by district boundaries. When a lot is located partly in one district and partly in another district, the regulations for the district requiring the greater number of loading berths shall apply to all of the lot. Loading berths on such lot may not be located in any residence district unless the use to which they are accessory is permitted in such district or upon the approval of the Board of Appeals. ARTICLE XX Signs [Added 1-10-1989 by L.L No. 1-19891 10117 1-25-95 J § 100-200. Purpose. The purpose of this Article is to : regulate existing and J proposed signs in order to: A. Protect property values. B. Create a more attractive economic and business climate. C. Enhance and protect Southold's physical appearance and environment. D. Preserve the historic and architectural heritage of the —� town. E. Provide a more enjoyable and pleasing community. F. Reduce sign or advertising distraction and obstructions that may contribute to traffic accidents. G. Reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way. 10117 1-25-95 J § 100-201 SOUTHOLD CODE § 100-201 § 100-201. Applicability; permit required; application; approval; fees. A. The provisions of this Article shall apply in all districts. B. [Amended 11-24-1992 by L.L. No. 21-1992; 11-29-1994 by L.L. No. 25-19941 Except as otherwise provided in this chapter, signs shall not hereafter be erected, structurally altered, enlarged or moved or reconstructed within the town unless a permit is obtained from the Building Inspector and payment of a required fee per sign in accordance with the Town of Southold fee as specified in Subsection F below 49 (1) The following operations shall not be considered as creating a new sign and, therefore, shall not require a new sign permit: (a) Replacing copy: the changing of the name, advertising or message on an approved sign. (b) Maintenance: painting, cleaning and other normal maintenance and repair of a sign or a sign structure, unless a structural change in configuration is made. (c) Movement of a sign farther from the right-of- way, provided that it meets all provisions of the Building Code and Town Code and the Building Department is notified in advance. (2) The following signs shall be exempt from the permit requirement, but are subject to the other requirements of this Code: (a) Contractor signs. (b) Real estate signs. (c) Holiday lights and signs which are incidental and customary and commonly associated with 49 Editor's Note: Subsection F was repealed 7-13.1993 by L.I.. No. 13-1993. See § 100-281J(1)(g). 10118 1-25-95 r- § 100-201 ZONING § 100-201 any national, local or religious holiday, not to be displayed for more than sixty (60) days in one (1) year. (d) Informational/directional signs. (e) Nameplates. (f) Temporary interior signs. (g) Window signs covering ten percent (10%) or less of the window area. (7) Sketches, drawn to scale, and supporting information indicating the location of the sign, colors, size and types of lettering or other graphic representation and materials to be used, electrical or other mechanical equipment, details of its attachment and hanging. Samples of materials should accompany the application where required by the Building Inspector. 10119 1-25-95 (h) Nonprofit organization directory signs. C. Application for a sign permit shall be made on a form 1 provided by the Building Inspector, which application 7 shall include: (1) The name, address and telephone number of the applicant. (2) The name, address and telephone number of the sign maker. (3) The location of the building, structure or land to - which or upon which the sign is to be erected. (4) A color photo of the building upon which the sign is 7 to be erected. (5) The size of the sign. J (6) A description of the construction details of the sign, 7 showing the lettering and/or pictorial matter composing the sign, position of lighting or other ■ extraneous devices. (7) Sketches, drawn to scale, and supporting information indicating the location of the sign, colors, size and types of lettering or other graphic representation and materials to be used, electrical or other mechanical equipment, details of its attachment and hanging. Samples of materials should accompany the application where required by the Building Inspector. 10119 1-25-95 § 100-201 SOUTHOLD CODE § 100-202 (8) The written consent of the owner of the property upon which such sign or signs is or are to be erected and maintained. In addition, such sign application shall be accompanied by a fee as established by the Town Board of the Town of Southold. (9) Such other pertinent information as the Building Inspector may require to ensure compliance with this Article. D. The Building Inspector shall review the proposed sign and can approve, deny or condition a permit based on the provisions of this Code. The Planning Board may approve signs which differ from the quantitative requirements set forth in this Article in the site review process, provided that a finding is made that said sign or signs conform to the general design principles outlined in § 100-202 hereof, and provided further that no sign shall violate the sign prohibitions and general restrictions listed in § 100-203 herein. [Amended 11-29-1994 by L.L. No. 25-19941 E. If the sign does not comply with the provisions of this Code, application for a variance may be made to the Zoning Board of Appeals. [Amended 11-29-1994 by L.L. No. 25-1994501 § 100-202. General design principles. [Amended 11-29-1994 by L.L. No. 25-19941 Decisions by sign applicants shall be guided by the following general design principles: A. Signs should be a subordinate part of the streetscape. B. Signs should be as small as practicable. 50 Editor's Note: This local law also repealed former Subsection F, regarding sign permit fees, which immediately followed this subsection, and which was formerly repealed 7-13-1993 by L.L. No. 13-1993. 10120 1-25-95 L r- § 100-205 ZONING § 100-205 (7) The sign shall be not more than twenty-four (24) square feet, the upper edge of which may not extend more than fifteen (15) feet above the ground. E. Historic signs. A sign is an historic sign if it existed prior to 1970 and has not been significantly altered since then. When the historic nature of the sign has been established to the satisfaction of the Building Inspector, he may allow the reconstruction, repair and mainte- nance of historic signs for so long as the sign maintains the original size, appearance and location. F. Informational/directional signs. Signs are allowed which state open, closed, business hours, phone numbers and generic directions to the facility, parldng service and products. Informational/directional signs shall be a maximum of three (3) square feet in size. G. Nameplates. Nonilluminated nameplates containing only names or professional signs containing only name and professional designation may be allowed. J H. Nonprofit organization directory signs. One (1) directory 7 sign may be erected in each hamlet to identify nonprofit and civic organizations within the hamlet, subject to the J size and location requirements of the business directory -' sign. I. Real estate signs. One (1) sign shall be allowed to advertise the sale or lease of real property. The sign may -� be either single- or double-faced and not larger than six (6) square feet in size. The sign shall be located at least J fifteen (15) feet from the public right-of-way. All real estate signs must be removed immediately upon closing on the lease or sale. This sign may be allowed in any zone. J. Roof signs. (1) Roof signs may be erected upon or against a roof of a building but shall not extend above the ridge line of the roof. A sign which is placed anywhere on a 10125 1-25-95 § 100-205 SOUTHOLD CODE § 100-205 parapet other than the fascia shall be a roof sign and may not extend above the top of the parapet. (2) The top of such sign shall not extend, at its closest point, more than twelve (12) inches from the surface of the roof. The vertical center of the sign shall be mounted no higher than the midpoint of the roof. (3) Such sign shall not exceed a size in square feet equivalent to one-half (V2) times the length in feet of the structure. (4) A business may have either a roof sign or a wall sign, but it may not have both a roof sign and a wall sign. (5) A roof sign may not be illuminated. K. Subdivision signs. A sign shall be allowed to advertise the sale or lease of a subdivision of properties if the subdivision has a public road frontage of five hundred (500) feet or more. The sign may be either single- or double-faced and not larger than twenty-four (24) square feet in size. The sign shall be located at least fifteen (15) feet from the street line. Said sign must be removed upon sale or lease of all properties within the subdivision. This sign may be allowed in any zone. L. Temporary signs. The erection, installation or mainte- nance of temporary signs, as defined herein, is hereby prohibited, except as specified below: (1) A temporary sign announcing special events erected by a municipal, charitable or nonprofit organization, which does not exceed twenty-four (24) square feet in area, is permitted for a period not to exceed thirty (30) days. (2) Temporary interior signs announcing special sales or events shall be permitted in the Hamlet Business and General Business Districts. Such signs shall cover no more than twenty-five percent (25%) of the 10126 1-25-95 § 100-205 ZONING § 100-205 window area to which they are affixed and shall be removed within twenty (20) days. (3) If a business has a permitted freestanding or ground sign, a temporary sign may be hung from the exterior of the building or from the approved sign. The temporary sign shall not exceed six (6) square feet in area and shall not project more than two (2) feet from the building and shall not obstruct pedestrian traffic. (4) If a business does not have a permitted freestanding, ground or businesses center sign, a business may erect a temporary sandwich board or A frame sign on the business premises if it does not hinder public access, traffic or vision. The sign may not exceed six (6) square feet in area and shall be set back at least fifteen (15) feet from all property lines. The sign shall be removed at the end of each business day. (5) No more than one (1) exterior temporary sign at a time shall be allowed on a parcel of property. If there are multiple businesses on the property, they shall make internal arrangements to share the sign. (6) An external temporary sign may not be displayed for more than ninety (90) days in a one-year period. M. Tourist directional signs. Tourist -related businesses (i.e., hotel, motel, marina, restaurant) which are located off Route 48 or 25 may have a generic eight -by -twenty -four - inch sign on one (1) of those roads. N. Wall signs. A wall sign or signs are allowed on the building wall, subject to all of the following requirements: (1) It is attached to or incorporated in the wall and does not project more than one (1) foot from such wall. (2) It advertises only the business conducted in such building. 10126.1 1-25-95 L- A § 100-205 SOUTHOLD CODE § 100-205 (3) It does not exceed one (1) square foot in total area for each horizontal foot of the business wall facing a street. If multistory businesses are within the structure, they share one (1) wall sign allotment and shall allocate it among themselves. (4) It does not exceed in width one hundred percent (100%) of the horizontal linear feet of such wall. (5) It does not exceed three (3) feet in height. (6) The sign shall not extend higher than the parapet in the case of one-story buildings. In the case of buildings taller than one (1) story, such signs shall not extend above the bottom of the sill of the windows of the second story nor extend or be placed more than fifteen (15) feet above the outside grade. (7) No wall sign shall cover, wholly or partly, any wall opening, including doors, fire escapes and windows, nor project beyond the ends of the wall to which it is attached. All such signs must be safely and adequately attached to said building wall by means satisfactory to the Building Inspector. (8) A sign may be placed on a business canopy or awning and shall be treated as a wall sign and is subject to the size restrictions contained therein. O. Window signs. A "permanent window sign" means any sign which is painted on the window or is made of materials other than cardboard, paper or canvas. A permanent window sign or combination of signs shall not cover more than ten percent (10%) of the total glass area upon which, or in which, it is affixed, displayed or painted. If the window sign exceeds ten percent (10%) of the window space, it shall be treated as a wall sign and is subject to the size restrictions contained therein. 10126.2 1-25-95 L § 100-205.1 ZONING § 100-205.1 § 100-205.1. Specific sign requirements. [Added 11-29-1994 by L.L. No. 25-19941 A. The following signs will be allowed in the residential areas of the town, which shall include all areas zoned A- C, C, R-40, R-80, R-120, R-200, R-400, HD and AHD: (1) Not more than two (2) nameplates not to exceed two (2) square feet in area. (2) One (1) sign identifying the residential neighborhood not more than eighteen (18) square feet in area, located not less than fifteen (15) feet from the street. (3) If the appropriate circumstances exist, there may be a real estate, subdivision, contractor or yard sale sign. (4) Such other signs as may be authorized as variances by the Zoning Board of Appeals. B. The following additional sign shall be allowed in the A C zone: a farm, garden or nursery shall be allowed to have the signage permitted in business areas. C. The following signs will be allowed in the business areas of the town, which shall include all areas zoned RR, RO, LB, HB, B, MI, MII, LIO and LI: (1) Two (2) of the following alternatives: (a) A freestanding sign. (b) A business center directory sign. (c) A window sign. (d) A wall sign or a roof sign. (2) A temporary sign. (3) If the appropriate circumstances exist, there may be a real estate, subdivision or contractor sign. (4) Such other signs as may be authorized as variances by the Zoning Board of Appeals. 10126.3 1-25-95 § 100-205.1 SOUTHOLD CODE § 100-207 D. Marinas may have a separate wall sign for the wall frontage facing the waterfront area they serve. § 100-206. Sign illumination. [Amended 11-29-1994 by L.L. No: 25-19941 A. Except as provided below, a sign may only be lit from an external source. The sign must be shielded so that the source of light- is not visible from adjacent streets or properties and so that the illumination is concentrated on the sign. B. Both neon and internally illuminated signs are prohibited, except that freestanding, business center and wall signs in shopping centers or in areas zoned Hamlet Business may be internally illuminated. An existing sign which is capable of internal illumination may continue in use in other zones if the lights are not turned on. C. Farm, garden or nursery signs may only be illuminated during the hours of business operations. D. Wiring, raceways and appliances of a sign illuminated by electricity from outside shall conform to the regulations of the fire underwriters and shall bear the appropriate stamp signifying such conformity. § 100-207. Unsafe, abandoned and unlawful signs. [Amended 11-29-1994 by L.L. No. 25-19941 A. The owner of a sign and the owner of the premises on which such sign is located shall be jointly liable to maintain such sign, including its illumination sources, in a neat and orderly condition and good worldng order at all times and to prevent the development of any rust, corrosion, rotting or other deterioration in the physical appearance or safety of such sign. B. If the Building Inspector shall find that any sign regulated herein is unsafe, insecure, damaged, 10126.4 1-25-95 § 100-207 ZONING § 100-207 deteriorated or a menace to the public or has been erected in violation of the provisions of this chapter, he shall give written notice by certified mail to the owner of the premises on which such sign is located, as shown on the latest town assessment roll. Said sign and all appurtenances shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure upon which such sign may be found within thirty (30) days after written notification from the Building Inspector. Upon the failure to comply with such notice within the time specified therein, the Building Inspector is authorized to remove or cause the removal of such sign at the expense of the person or persons named in such notice. Upon such removal, all costs and expenses incurred by the town for the removal and storage of such sign shall be assessed against the land on which such sign was located, and a statement of such expenses shall be presented to the owner, of the land. If such statement is not paid within thirty (30) days after its presentment, the Building Inspector may file a statement with the Town Assessors, identifying the property in connection with which such expenses were incurred and the owner thereof as shown on the latest assessment roll of the town.. The Assessors, in the preparation of the next assessment roll, shall assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalty as is provided by law for the collection and enforcement of real property taxes in the Town of Southold. The owner of the sign removed by the Building Inspector as hereinbefore provided shall not be permitted to redeem such sign until all expenses of removal and storage have been paid. C. If, in the determination of the Building Inspector, a sign is an immediate peril to persons or property, he may cause such sign to be removed summarily and without notice. The cost of such removal shall be paid by the 10126.5 1-25-95 § 100-207 SOUTHOLD CODE § 100-209 town, and such amount shall be and become alien upon the premises in question and shall be levied and collected in the same manner and under the same penalties as an assessment of a public improvement. § 100-208. Transition. [Added 11-29-1994 by L.L. No. 25-1994] For a period of six (6) months after adoption of this Article, a person may obtain a sign permit for a sign existing prior to the date of adoption, which sign conforms to the provisions of the newly adopted Code or the prior repealed Code. Thereafter, a sign permit may only be issued for a sign which conforms to the provisions of this Code. § 100-209. Nonconforming signs. [Added 11-29-1994 by L.L. No. 25-19941 A. Any sign which holds a permit under the prior repealed Code but which does not conform to the provisions of this chapter shall be deemed a nonconforming sign. A nonconforming sign may be continued, without enlargement, reconstruction, or relocation, until it loses its nonconforming status through the occurrence of any of these events: (1) The nonconforming use is damaged or deteriorated so that the cost of repair or replacement exceeds fifty percent (50%) of the original value of the sign. (2) The business which is served by the nonconforming sign changes to a new use or service (e.g., retail to food). (3) The business which is served by the nonconforming sign has been discontinued for a period of two (2) years or more. 10126.6 1-25-95 L r § 100-209 ZONING § 100-211 B. When a sign loses its nonconforming status, it shall be brought into compliance with this Code and obtain a new permit, or it shall be removed. ARTICLE XXI Landscaping, Screening and Buffer Regulations [Added 1-10-1989 by L.L. No. 1-19891 § 100-210. Purpose. The following standards are intended to enhance the appearance and natural beauty of the town and to protect property values through preservation and planting of vegetation, screening and landscaping material. Specifically, these standards are intended to enhance the appearance of major travel corridors and business areas; to reduce excessive heat, glare and accumulation of dust; to provide privacy from noise and visual intrusion; and to prevent the erosion of the soil, excessive runoff of drainage water and the consequent depletion of the. groundwater table and the pollution of water bodies. § 100-211. General requirements. The following provisions shall apply to any use in all zoning districts: A. Landscaping, trees and plants required by these regulations shall be planted in a growing condition according to accepted horticultural practices, and they shall be maintained in a healthy growing condition. Any landscaping, trees and plants which are in a condition that does not fulfill the intent of these (Cont'd on page 10127) 10126.7 1-25-95 J 7 § 100-274 ZONING § 100-275 J 7 F. For applications for rehearings, the fee shall be the same as the fee charged for the original application. J 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. 26-19941 § 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, (ConVd on page 10165) 10164.3 11-25-95 § 100-281 ZONING § 100-281 application, either issue or deny a building permit. If a building permit is denied, the Building Inspector shall state in writing to the applicant the reasons for such denial. H. Every building permit shall expire if the work authorized has not commenced within twelve (12) months after the date of issuance or has not been completed within eighteen (18) months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an additional six (6) months. Thereafter, a new permit shall be required. I. As soon as the foundation of a building or of any addition to an existing building is completed and before first -story framing or wall construction is begun, there shall be filed with the Building Inspector an accurate survey, signed by the person responsible for said survey, showing the exact location of such foundation with respect to the street and property lines of the lot. No further construction shall be performed until such survey is approved by the Building Inspector. J. Permit fees. —� (1) [Amended 11-24-1992 by L.L. No. 30-19921 The following fees shall be paid upon the filing of an J application with the Building Inspector for a building permit, which fees shall be paid into the general fund if the application is approved or returned to the applicant if the application is denied: (a) Single-family dwellings: [1] New dwellings and alterations or additions to existing dwellings: seventy-five dollars ($75.), plus twenty cents ($0.20) for each square foot of floor area in excess of eight hundred fifty (850) square feet. 10169 1-25-95 § 100-281 SOUTHOLD CODE § 100-281 [2] Accessory buildings and additions or alterations to existing accessory buildings: thirty-five dollars ($35.), plus twenty cents ($0.20) for each square foot of floor area in excess of five hundred (500) square feet. (b) Farm buildings and additions or alterations to existing farm buildings: fifty dollars ($50.) for each building. (c) Hotel, motel, multiple dwellings and business, industrial and all other buildings, including wineries: [1] New buildings and additions and alterations to existing buildings: one hundred fifty dollars ($150.), plus twenty- five cents ($0.25) for each square foot of floor area in excess of one thousand (1,000) square feet. [2] Accessory buildings and additions and. alterations to existing accessory buildings: thirty-five dollars ($35.), plus twenty cents ($0.20) for each -square foot of floor area in excess of five hundred (500) square feet. (d) Foundations constructed under existing buildings: seventy-five dollars ($75.). (e) In -ground swimming pools, together with required enclosure fencing: one hundred fifty dollars ($150.). Aboveground swimming pools, together with required enclosure fencing: fifty dollars ($50.). (fl All other structures (i.e., fences, satellite dishes, etc.) and additions and alterations to such structures: thirty-five dollars ($35.). (g) The permit fee for all signs shall be fifty dollars ($50.) per permit. [Amended 11-29-1994 by L.L. No. 25-19941 10170 1-25-95 a- § 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. (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. 20-19891 (Cont'd on page 10171) 10170.1 1-25-95