HomeMy WebLinkAbout1991 Code Supplement - 05/25/1991§ 100-13 ZONING § 100-13
FLOOR AREA, LIVABLE — All spaces within the exterior
walls of a dwelling unit, exclusive of garages, breezeways,
unheated porches, cellars, heater rooms and approved
basements having a window area of less than ten percent (10%)
of the square foot area of the room. Usable floor area shall
include all spaces not otherwise excluded above, such as
principal rooms, utility rooms, bathrooms, all closets and
hallways opening directly into any rooms within the dwelling
unit.
FLOOR AREA RATIO — The floor area in square feet of all
buildings on a lot divided by the area of such lot in square feet.
FRATERNAL ORGANIZATION — A nonprofit association
of persons bound by a common interest or goal, be it civic,
patriotic, charitable, educational or historical. [Added 11-28-
89 by L.L. No. 22-1989]
FRONTAGE — The width of a lot at the street line.
GARAGE, PRIVATE — A building used as an accessory to
the main building for the storage of one (1) or more gasoline -
or other power -driven vehicles owned and used by the owner
or tenant of the lot on which the garage is erected for the
storage of not exceeding two (2) additional vehicles (not trucks)
owned or used by the others and in which no occupation,,,
business or service for profit is carried on without special
permit.
GARAGE, PUBLIC — A building, other than a private
garage, used for housing or care of gasoline- or other power -
driven vehicles or where such vehicles are equipped for
operation, repaired or kept for renumeration, hire or sale.
GARAGE, REPAIR — A building, other than a private ga-
rage, used for adjustment, painting, replacement of parts or
other repair or restoration of motor vehicles or parts thereof,
whether or not accessory or incidental to another use.
GASOLINE SERVICE STATION — A structure and sur-
rounding land used for the storage and sale of petroleum fuel
primarily to motor vehicles and for accessory uses such as the
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§ 100-13 SOUTHOLD CODE § 100-13
sale of lubricants, accessories or supplies, the incidental
washing of motor vehicles and the performing of minor
repairs within a building; however, a service station is not a
repair garage or a body shop.
GREENHOUSE — A structure for growing plants.
GROUND FLOOR — The first floor of a building other than
a cellar or basement.
GUEST UNIT — A bedroom -sleeping accommodation for
transient guests, which may or may not include bathroom
facilities and shall be occupied by no more than two (2) adult
persons and be at least eighty (80) square feet in area.
HABITABLE FLOOR AREA — See "floor area, livable."
[Added 6-19-1990 by L.L. No. 13-19901
HEIGHT OF BUILDING — The vertical distance measured
from the average elevation of the existing natural grade
adjacent to the building, before any alteration or fill, to the
highest point of the roof for flat and mansard roofs and to the
mean height between eaves and ridge for other type roofs.
HISTORIC BUILDING — See "landmark designation."
HOME OCCUPATION [Amended 4-9-1991 by L.L. No. 10-
1991]:
(1) Any gainful activity customarily conducted only within a
dwelling unit by the residents thereof that is clearly
secondary to the residential use.
(2) Activities carried on by the residents which are connected
with produce of the seas, bays or harbors caught or dug
by them, including the storage and dockage of boats and
gear, the spreading and mending of nets and other gear
and the sale of such produce so gathered, shall also
constitute a "home occupation."
(3) Tradesmen, not limited to carpenters, plumbers, land-
scapers, painters, masons and electricians.
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§ 100-13 ZONING § 100-13
HOMEOWNERS' OR HOMES ASSOCIATION — A com-
munity association, including a condominium association,
which is organized in a residential development in which
individual owners have a shared interest in the responsibility
for open space or facilities.
HOME PROFESSIONAL OFFICE — This shall be under-
stood to include the professional office or studio of a doctor,
dentist, teacher, artist, architect, engineer, musician, lawyer,
magistrate or practitioner of a similar character or rooms
used for home occupations, provided that the office, studio or
occupational rooms are located in a dwelling in which the
practitioner resides. [Added 4-9-1991 by L.L. No. 10-19911
(Cont'd on page 10023)
10022.1 5-25-91
§ 100-31 ZONING § 100-31
(q) No bed -and -breakfast facilities, as authorized by
§ 100-31B(15) hereof, shall be permitted in or on
premises for which an accessory apartment is
authorized or exists. [Added 3-14-89 by L.L. No. 3-
1989]
10045 5-25-91
(15) 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 parking spaces
for the use of the family of the owner.
(b) No accessory apartment, as authorized by § 100-
31B(14) hereof, shall be permitted in or on premises
for which a bed -and -breakfast facility is authorized
or exists. [Added 3-14-89 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. 10-19911 Home
occupation, including home professional offices, provided
that:
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(a) No display of goods is visible from the street.
(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.
(c) Such occupation is carried on in an area not to
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exceed twenty-five percent (25°x) 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.
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§ 100-31 SOUTHOLD CODE . § 100-31
(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 are 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.
No display of products shall be visible from the
street, and no stock -in -trade shall be kept on the
premises.
(g) Notwithstanding anything set forth elsewhere in this
Article, home occupations and home professional
offices shall in no event be deemed to include real
estate or insurance offices, 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.
(h) For signs, § 100-31C(9).
(i) Home occupations and home professional offices
shall not include manufacturing, fabrication or
construction of any type on the site.
(j) The outdoor storage of equipment necessary for
residents connected with produce of the seas shall be
screened from view and shall conform to the
setbacks for accessory structures.
(3) Boat docking facilities for the docking, mooring or
accommodation of noncommercial boats, subject to the
following requirements:
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§ 100-31 ZONING § 100-31
(a) There shall be docking or mooring facilities for no
more than two (2) boats other than those owned and
used by the owner of the premises for his personal
use.
(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 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 acci-
dents. 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-
(Cont'd on page 10047)
10046.1 5-25-91
§ 100-235 ZONING § 100-236
B. Residential rear or flag lots and accessways. Any rear lot or
flag lot occupied or to be occupied by a one -family dwelling
shall have access thereto by means of an accessway, having a
width of not less than fifteen (15) feet, serving only such lot.
The area of the accessway shall not be included in determining
the area of any lot. The front yard of any lot having access to
a street -by means of an accessway shall be the required front
yard specified for the district in which the lot is located and
shall be measured from the rear lot line to the front lot.
C. [Added 3-26-1991 by L.L. No. 8-19911 Fire lane standards
for all lots improved with a building or structure are as
follows:
(1) Surface free from potholes, ruts and other defects.
(2) Up to fifteen (15) feet in width and up to fifteen (15) feet
in height, subject to approval by the Building Inspector
for residential structures.
§ 100-236. Open storage.
A. No unenclosed storage, except parking of operable passenger
vehicles capable of passing inspection or recreation vehicles or
boats and commercial vehicles as set forth in § 100-191, shall
be permitted in a residential district. [Amended 3-26-1991
by L.L. No. 7-1991]
B. When open storage is permitted in a commercial or industrial
district as a principal or accessory use, the following
conditions shall be met:
(1) Storage shall be screened from view by a fence or
evergreen screening, the design and location of which
shall be approved'by the Planning Board. In no case shall
the stored material exceed the height of the screening.
(2) No outdoor storage may be permitted within twenty-five
(25) feet of a residential district boundary.
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§ 100-236 SOUTHOLD CODE § 100-237
C. An automobile wrecking yard or junkyard is required to
provide suitable screening in the form of fencing or hedges
completely around the periphery of the area used for such
purposes, subject to the approval of the Planning Board.
Failure to provide such screening shall require elimination of
said use.
§ 100-237. Prohibited uses in all districts.
The following uses are prohibited in all districts:
A. Any use which is noxious, offensive or objectionable by reason
of the emission of smoke, dust, gas, odor or other form of air
pollution or by reason of the deposit, discharge or dispersal of
liquid or solid wastes in any form in such manner or amount
as to cause permanent damage to the soil and streams or to
adversely affect the surrounding area or by reason of the
creation of noise, vibration, electromagnetic or other distur-
bance or by reason of illumination by artificial light or light
reflection beyond the limits of the lot on or from which such
light or light reflection emanates; or which involves any
dangerous fire, explosive, radioactive or other hazard; or
which causes injury, annoyance or disturbance to any of the
surrounding properties or to their owners and occupants; and
any other process or use which is unwholesome and noisome
and may be dangerous or prejudicial to health, safety or
general welfare, except where such activity is licensed or
regulated by other government agencies.
B. Artificial lighting facilities of any kind which create glare
beyond lot lines.
C. Carnivals, circuses and related activities, except for a
temporary period on special license from the Town Board.
D. Junkyard or refuse disposal site, except a refuse disposal site
established as an official town refuse disposal site or duly
authorized as a refuse disposal site by the Town Board.
E. Uses involving primary production of the following products
from raw materials:
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§ 100-237 ZONING § 100-237
(1) Charcoal and fuel briquettes; chemicals; aniline dyes;
carbide; caustic soda; cellulose; chlorine; carbon black .and
bone black; creosote; hydrogen and oxygen; industrial
alcohol; nitrates of an explosive nature; potash; plastic
materials and synthetic resins; proxylin; rayon yarn;
hydrochloric, nitric, phosphoric, picric and sulfuric acids;
coal, coke and tar products, including gas manufacturing;
explosives; gelatin, glue and size (animal); linoleum and
oil cloth; matches; paint, varnishes and turpentine; rubber
(Cont'd on page 10137)
10136.1 5-25-91