HomeMy WebLinkAbout1990 Code Supplement - 06/01/19907 § 100-31 ZONING § 100-32
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(b) Adequate supervised parking facilities shall be
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provided.
(c) No signs, except one (1) one -premises sign not larger
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than six (6) square feet in size displayed for a period
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of not longer than one (1) week immediately prior to
the day of such sale, shall be permitted.
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(d) A permit is obtained therefor from the Building
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Inspector upon the payment of a fee of fifteen dollars
§ 100-32. Bulk, area and parldng 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 Schedule7
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 jnXQlumn ii of the Bulk Schedule and
the Parking Scheduj6,,dncorporated into this chapter shall
apply to the following.jots: _
(1) All lots shown .onnmajor and minor subdivision maps
which were grante& final approval by the Planning
Board prior to May,,o2Q; 1983.
(2) All lots shown orarlajor subdivision maps upon which the
Planning Board hasjW' d a hearing for preliminary map
approval prior to ,May; 20, 1983.
7 Editor's Note: The Bulk ScheduletiEjjgcluded at the end of this chapter, and the Parking
Schedule is in § 100-191A.
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§ 100-32 SOUTHOLD CODE
§ 100-33
(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 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.
§ 100-33. Accessory buildings. [Amended 4-10-1990 by L.L. No.
6-1990]
In the Agricultural -Conservation District and Low -Density
Residential R-80, R-120, R-200 and R-400 Districts, accessory
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§ 100-33 — ZONING § 100-30A.2
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. Such buildings shall be set back no less than three (3) feet
from any lot line.
C. All such buildings in the aggregate shall occupy not more than
forty percent (40°/6) of the area of the required rear yard.
ARTICLE IIIA
Low Density Residential R-40 District
[Added 1-10-89 by L.L. No. 1-1989]
■ § 100-30A.1. Purpose.
The purpose of the Low -Density Residential R=40 District is to
provide areas for residential development where existing neighbor-
hood 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.
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§ 100-30A.2. Use regulations.
In an R-40 District, no building or premises shall be used and no
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building or part of a building shallbe erected -or altered which is
arranged, intended or designed to be used, in whole or in part, for any
uses except the following:
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A. Permitted uses:
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(1) Same as § 100-31A of • the Agricultural -Conservation
District.
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 &-children's recreation camp, farm.
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§ 100-30A.2 SOUTHOLD CODE § 100-40
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labor camp and veterinarian's office and animal hospital
are not permitted and bed -and -breakfast uses do not ML
require site plan approval. W
-(2) Libraries, museums or art galleries.
C... Accessory uses, limited to the following: JJ
(1) Same as § 100-31C of the Agricultural -Conservation
District. E—
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§ 100-30A.3. Bulk, area and parking regulations.
No building or premises shall be used and no building or part
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thereof shall be erected or altered in the Low -Density Residential R-
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40 District unless the same conforms to the requirements of the Bulk
Schedule and of the Parking Schedule, 8 with the same force and
effect as if such regulations were set forth herein in.full.
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§ 100-30A.4. Accessory buildings.
Accessory buildings shall be subject to the same requirements as -
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§ 100-33 of the Agricultural -Conservation District.
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ARTICLE IV
Hamlet Density (HD) Residential District
[Added 1-10-89 by L.L. No. 1-19899] E
§ 100-40. Purpose.
The purpose of the Hamlet Density (HD) Residential District is to
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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.
8 Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking —
Schedule is in § 100.191A.
9 Editor's Note: This local law also repealed former Art. IV, M Light Multiple -Residence
District, as amended. _.
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§ 100-261 ZONING § 100-262
§ 100-261. Special exception uses; approval required.
There is hereby created a category of land use approval to be
known as "special exception uses." Said uses may not be commenced,
created, undertaken, carried out or thereafter maintained or
substantially expanded without a special exception approval first
having been obtained therefor, which special exception approval shall
have been granted for the use either by the Planning Board, the
Zoning Board of Appeals or the Town Board, according to the
provisions for the particular special exception use set forth in this
Article or elsewhere in this chapter. Any land use, including the
erection, construction, reconstruction, alteration, demolition, moving,
conversion or change of use of any structure, shall be a special
exception use requiring a special exception approval if the text of this
chapter or the use schedule hereof denotes the use as being either the
subject of a special exception approval or simply a special exception
use. No building permit for any such special exception use shall be
issued until the required special exception approval shall have been
granted for the same and the conditions imposed in such approval as
prerequisites to a building permit, if there be any, have been met.
§100-262. Application; hearing;approval; violations of condi-
tions.
A. An application for a special exception approval shall be on the
form for the same provided by the Zoning Board of. Appeals
and shall be submitted in triplicate to the Zoning . Board of
Appeals, which shall review the application for completeness
and conformity with this chapter. The Zoning Board of
Appeals shall reject the application if it is not complete or not
in conformance with the Zoning Code and shall notify the
applicant as to the reason for such rejection. If the application
is satisfactory, the applicant and the Zoning Board of Appeals
shall set the application down for a public hearing. The fee for
a special exception shall be one hundred fifty dollars ($150.), as
set forth in § 100-274. [Amended 4-10-1990 by L.L. No. 4-
1990]
B. Prior to taking action on any special exception use, the Board
having jurisdiction thereof shall schedule a public hearing
within forty-five (45) days after determination that the
application is complete. Within sixty (60) days following the
J (Confd on page 10159)
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j § 100-282 ZONING § 100-284
—1 § 100-282. Revocation of permit.
-. The Building Inspector may revoke a building permit theretofore
issued and approved in the following instances:
A. Where he finds that there has been any false statement or
7 misrepresentation as to a material, fact in the application, plan
or specifications on which the building permit was based.
B. Where he finds that the building permit was issued in error
and should not have been issued in accordance with the
applicable law.
C. Where he finds that the work performed under the permit is
not being prosecuted in accordance with the provisions of the
application, plans or specifications.
D. Where the person to whom a building permit has been issued
fails or refuses to comply with a stop order issued by the
Building Inspector.
100-283. Stop orders.
Whenever the Building Inspector has reasonable grounds to believe
that work on any building or structure is being prosecuted in violation
of the provisions of the applicable law, ordinances or regulations or not
inconformity with the provisions of an application, plans or
specifications on the basis of which a building permit was issued or in
an unsafe and dangerous manner, he shall notify the owner of the
property or the owner's agent :on the person performing the work to
suspend all building activities until the stop order has been rescinded.
Such order and notice shall be in writing and shall state the conditions
under which the work may be resumed and may be served upon a
person to whom it is directed either by delivering it personally to him
,or by posting the same upon a conspicuous portion of the building
under construction and sending a copy of the same by certified mail.
7 § 100-284. Certificates of occupancy.
A. A certificate of occupancy shall be applied for from the
Building Inspector and it shall be unlawful to do any of the
following until a certificate of occupancy is issued therefor:
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§ 100-284 SOUTHOLD CODE § 100-284
(1) Occupancy and use of a building erected, reconstructed,
restored, structurally altered or moved or any change in
use of an existing building.
(2) Occupancy, use or any change in the use of any land.
(3) Any change in use of a nonconforming use.
B. No certificate of occupancy shall be issued for the use of a
building or lands requiring a special exception approval or
special permit or for any land use requiring a site plan
approval by the Planning Board unless and until such special
exception or special permit approval or site plan approval has
been duly, granted. Every certificate of occupancy for which a
special exception, special permit or site plan approval has been
granted or in connection with which a variance has been
granted by the Board of Appeals shall contain a detailed
statement of any condition to which the same is subject.
C. Application for a certificate of occupancy on a form furnished
by the Building Inspector for a new building or for,an existing
building which has been altered shall be made after the
erection of_'such building or part thereof has been completed in
conformity, with the provisions of this chapter and, in the case
of a new building, shall be accompanied by an accurate plot
plan or, if --not available, by a survey prepared by a licensed
land surveyor or engineer, showing the location of the building
as built: Such certificate shall be issued within ten (10) days
after receipt of the property completed application, provided
that the application states that all requirements of all other
applicable. codes or ordinances in effect are complied with.
D.1 Every application for a certificate of occupancy or a
temporary certificate of occupancy shall be accompanied by
the fee hereinafter specified. Copies of such certificate will be
issued upowthe payment of the fee hereinafter specified.
' Editor's Note: Former: Subsection D, concerning the issuance of a certificate of occupancy
for the use of vacant land, was repealed 4-10.1990 by LL No. 5-1990. This local law also
provided for the redesignation of former Subsections E, F, G and H as Subsections D, E, F and
G, respectively. Former -Subsection I was also relettered as Subsection H at this time.
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§ 100-284 ZONING
7 § 100-284
E. A certificate of occupancy shall be deemed to authorize and is
�} required for both initial occupancy and use of the building or
_J land to which it applies.
(a) , Business buildings and/or business uses and addi-
tions and. alterations thereto. fifty dollars ($50.).
(b) New dwellings and additions and alterations thereto:
twenty-five dollars ($25.).
(c) Accessory buildings and additions and alterations
thereto: twenty-five dollars ($25.).
(d) Preexisting dwellings: one hundred dollars ($100.).
(e) Vacant land: twenty dollars ($20.).
(f) Updated certificates of occupancy by reason of
additions or alterations: fifty dollars ($50.).
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F. Upon written request and upon payment of the fee hereinafter
specified, the Building Inspector shall, after inspection, issue a
certificate of occupancy for any building or use therefor or of
land existing at the time of the adoption of this chapter, or any
amendments thereto, certifying such use and whether or not
the same and the building conform to the provisions of this
chapter.
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G. A record of all certificates of occupancy shall be kept in the
office of the Building Inspector, and copies shall be furnished
on request to any agency of the town or to any persons having
an interest in the building or land affected.
H. Certificate of occupancy fees. [Amended 3-14-89 by L.L. No.
3-1989; 9-26-89 by L.L. No. 20-1989]
(1) The following fees shall be .paid upon the filing of an
application with the Building Inspector for a certificate of
occupancy, which fee shall be paid into the general fund
if the application is approved or returned to the applicant
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if the application is denied:
(a) , Business buildings and/or business uses and addi-
tions and. alterations thereto. fifty dollars ($50.).
(b) New dwellings and additions and alterations thereto:
twenty-five dollars ($25.).
(c) Accessory buildings and additions and alterations
thereto: twenty-five dollars ($25.).
(d) Preexisting dwellings: one hundred dollars ($100.).
(e) Vacant land: twenty dollars ($20.).
(f) Updated certificates of occupancy by reason of
additions or alterations: fifty dollars ($50.).
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§ 100-284 SOUTHOLD CODE § 100-286
(g) Copies of certificates of occupancy issued five (5) or
fewer years ago: five dollars ($5.).
(h) Copies of certificates of occupancy issued more than
five (5) years ago: ten dollars ($10.).
.(2) Notwithstanding the foregoing, no fee shall be required
or paid by taxing entities or districts, including but not
limited to fire districts, school districts, park districts and
the like.
§ 1007295. Penalties -for offenses.
For�each offense against any of the provisions of this chapter or any
regulations made pursuant thereto or for failure to comply with a
written notice or order of any Building Inspector within the time
fixed .dor compliance therewith, the owner, occupant, builder, .
architect, contractor or their agents or any other person who commits,
takes part or assists in the commission of any such offense or who
shall fail to comply with a written order or notice of any Building
Inspector shall, upon a first conviction thereof, be guilty of a violation,
punishable by a fine of not exceeding five hundred dollars ($500.) or
by imprisonment for a period not to exceed fifteen (15) days, or both.
Each day on which such violation shall occur shall constitute a
separate, additional offense. For a second and subsequent conviction
within.eighteen (18) months thereafter, such person shall be guilty of .
a violation punishable by .a fine not exceeding one thousand five
hundred dollars ($1,500.) or by imprisonment for a period not to
exceed 'fifteen (15) days,. or by both such fine and imprisonment. -
§ 100-286. Remedies.
In case any building or structure is erected, constructed,
reconstructed, altered, repaired, converted or maintained or any
building, structure or land is used in violation of this chapter or of any
regulations made pursuant thereto, in addition to other remedies
provided by law, any appropriate action or proceeding, whether by
local process or otherwise, may be instituted or taken to prevent such
unlawful erection, construction, reconstruction, alteration, repair,
conversion, maintenance or use or to restrain, correct or abate such
violation or to prevent the occupancy of said building, structure or
land or to prevent any -illegal -act, conduct, business or use in or about
such premises.
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