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HomeMy WebLinkAbout1983 Code Supplement - 04/25/1983GENERAL CODE PUBLISHERS C.ORP.. INSTRUCTIONS Town of Southold Code Supplement No. 25 The enclosed new and/or replacement pages should be placed in • your Code volume immediately! The dateline, on the lower right corner, indicates when the supplement was printed, not the adoption date of the Code changes. The page numbers should always correspond with this list. REMOVE INSERT Table of Contents, ix - x Table of Contents, ix - x 5601-5607 6505-6506 6505-6507 10001-10016 10001- 10016 10016.1- 10016.3 Do not remove pages 10017 -10018 10019 -10020 10019 - 10020 Do not remove pages 10021 - 10022 10023 -10032 10023 -10032' Do not remove pages 10033 - 10034 10035 -10036 10035 -10036 Do not remove pages 10037 -10038 10038.1-10038.2 10038.1- 10038.2 10039 -10040 10039 -10040 10043 -10044 10043 -10044 10053 - 10056 10053 - 10056 10056.1 10057-10058 10057-10058 • 10061-10064 10061-10064 Do not remove pages 10065 -10066 10067 -10072 10067 -10072 10072.1 Supplemental Index, Supplemental Index, SI -1 SI-1—SI-2 Legislation, by number or date of adoption, included in this supplement: L.L. Nos. 9-1982; 1-1983;. 2-1983. 4-25-R3 A CHAPTER TABLE OF CONTENTS PAGE ix - 12-25-81, , . . 38. Dogs ........................................... 3801 Article I General Regulations [L.L. No. 1-1976] Article II Fees [L.L. No.,5-1978] 39. (Reserved) .......................................... 3901 40. (Reserved) .................................... 4001 41. Ducks ....................................... ;.. 4101- .42. (Reserved) ....................................... 4201 43. Electrical Inspections [L.L. No. 1-1978] ........ .... 4301 44. Environmental Quality Review [L.L. No. 3-1978] .... 4401 45. Fire Prevention [L.L. No. 3-1980] ................... 4501 .46. Floodplain Management [L.L. No. 1-1980] .......... 4601 47. (Reserved) ...... ...................... ........... 4701 48. Garbage, Rubbish and Refuse : ........ ............ 4801 49. Highway Defects, Notice of [L.L. No. 3-1977] ........ 4901 50. Home Improvement Contractors [L.L. No. 4-1975] ... 5001 51. (Reserved) ........................................ 5101 52. Housing [L.L. No. ........... .............. 5201 53. (Reserved) ....................................... 5301 54. Junkyards .......... ................... 5401 55. (Reserved) ........ ; .............................. 5501 56. (Reserved) ....................................... 5601 57. Littering [L.L. No. 2-1973] ........................ 5701 58. (Reserved)* ................... i .................... 5801 59. (Reserved) ............................ ............ 5901 60. (Reserved) ......................................... 6001 ix - 12-25-81, , . . SOUTHOLD CODE CHAPTER PAGE 61. (Reserved) ...................................... 6101 62. Parks and Recreation Areas ...................... 6201 Article I Use Regulations and Restrictions [L.L.. No. 1-1981] 63. ..................................... (Reserved)6301 64. (Reserved) ..................................... 6401 65. Parking at Beaches .............................. 6501 66. (Reserved) ..................................... 6601 67. Peace and -Good Order ........................... 6701 Article I Public Consumption of Alcoholic Beverages 68. (Reserved) .....................................6801 69. Peddling and Soliciting .......................... 6901 Article I Licensing and Regulation [L.L. No. 3-1973] Article II Entrance onto Private Property 70. (Reserved) ..................................... 7001 71. ..................................... (Reserved)7101 72. ..................................... (Reserved)7201 73. Records, Public Access to ........................ 7301 74. ..................................... (Reserved)7401 75. ..................................... (Reserved)7501 76. ..................................... (Reserved)7601 77. Shellfish ....................................... 7701 Article I Catching of Shrimp Article II Taking of Shellfish 78. (Reserved) ..................................... 7801 �. 79. (Reserved) ..................................... 7901 80. (Reserved) ..................................... 8001 81. -Soil Removal ................................... 8101 X 12-25-81 § 65-3 PARKING AT BEACHES § 65-3 (a) The number of rental units available at the ap- plicant's premises. (b) The number of permits applied for. (c) The designated business name, if any, of the premises applied for. • (2) Upon a determination by the Town Clerk or a person designated by him that the applicant is entitled to such permits, and upon payment of the required permit fee, permits shall be issued; provided, however, that the number of permits issued shall not exceed the number of rental units available at the premises applied for. Such permits shall be inscribed with the name of the applicant or the designated business name of the applicant's premises, and shall be used only by paying guests occupying the premises for which such permits are issued. (3) Hotel -motel parking permits shall be transferable and shall be issued in a clear plastic case and designed to } be affixed temporarily to the interior right-hand windshield or right-hand front. door window of the vehicle. The owner or manager to whom such permits are issued shall make no charge for the use of such permits by such guests, but may require a deposit, not to exceed five dollars ($5.) to ensure return of a permit. (4) The fee for the issuance of a hotel -motel parking permit shall be such fee as shall be prescribed by resolution of the Southold Town Board. D. One -day nonresident permits. (1) One -day nonresident parking permits may be issued for the parking of vehicles on the parking areas at "Southold Town Beach," "Norman E. Klipp Marine Park" and "New Suffolk Beach" to any person by the attendant on duty at such parking areas. [Amended 5- 9-721 (2) Such permit shall be valid only for the day on which the same is issued. 6505 § 65-3 SOUTHOLD CODE § 65-7 (3) The fee for the issuance of a one -day nonresident parking permit shall be such fee as shall be prescribed by resolution of the Southold Town Board. § 65-4. Duration of permits. All parking permits provided for in this chapter, except one -day • nonresident permits, shall expire on December 31 of the year in which issued. § 65-5. Other regulations. Persons using parking areas pursuant to the provisions of this chapter shall comply with all laws, ordinances, rules, regulations and resolutions applicable thereto. § 65-6. Removal of vehicles parked in violation. "Any vehicle parked in violation of the provisions of this chapter or any other law, ordinance, rule or regulation may be removed or caused to be removed by a police officer of the Town of Southold, w and, after such removal, stored or caused to be stored in a suitable place at the expense of the. owner. The owner or person in charge of such vehicle may redeem the same upon payment to the Southold Town Police Department of the amount of all actual and necessary expenses incurred in the removal and storage of such vehicle. The said Police Department shall ascertain, to the extent possible, the owner or person in charge of such vehicle and notify him of the amount which will be required to redeem the same. § 65-7. Penalties for offenses. Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation .punishable by a fine not exceeding two hundred fifty (250) dollars ( $250.) or by imprisonment for a term not exceeding fifteen (15 ) days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder. 6506 ,Y - ZONING Chapter 100 ZONING ARTICLE I • General Provisions § 100-10. Purposes. § 100-11. Conflicts. § 100-12. Exceptions. § 100-13. Definitions. ARTICLE II Districts § 100-20. District designations. § 100-21. Zoning Map. § 100-22. District boundaries. § 100-23. Effect of establishment of districts. ARTICLE III A Residential and Agricultural District § 100-30, Use regulations. § 100-31. Bulk, area and parking requirements. § 100-32. Accessory buildings. § 100-33. Established front yard setback. § 100-34. Corner lots. § 100-35. Fences, walls and hedges. § 100-36. Substandard lots. 10001 7-25-75 I SOUTHOLD CODE ARTICLE IV M Light Multiple -Residence District § 100-40. Use regulations. § 100-41. Bulk, area and parking requirements. § 100-42. Livable floor area. ARTICLE V M-1 General Multiple -Residence District § 100-50. Use regulations. § 100-51. Bulk, area and parking requirements. § 100-52. Building length and separation. § 100-53. Livable floor area. LJ ARTICLE VI B Light Business District, -- § 100-60. Use regulations. § 100-61. Bulk, area and parking requirements. § 100-62. Retail shopping centers. § 100-63. Uses confined to enclosed buildings. ARTICLE VII B-1 General Business District § 100-70. Use regulations. § 100-71. Bulk, area and parking requirements. ARTICLE VIII C Light Industrial District § 100-80. Use regulations. § 100-81. Bulk, area and parking requirements. 10002 7-25-75 ju ZONING ARTICLE IX C-1 General Industrial District § 100-90. Use regulations. § 100-91. Special' exception uses; site plan approval. § 100-92. Signs. • § 100-93. Bulk, area and parking requirements. ARTICLE X Tourist Camps, Camp Cottages and Trailers § 100-100. Permits required. § 100-101. Automobile trailers or house cars. § 100-102. Exemptions. ARTICLE XII Board of Appeals § 100-120. Appointment; membership. § 100-121. Powers and duties. § 100-122. Additional conditions and safeguards.- 10003 afeguards._ 10003 7-25-75 ARTICLE XI General Regulations § 100-110. Signs. ` § 100-111. Continuation of existing signs. § 100-112. Off-street parking areas. § 100-113. Off:street loading areas. § 100-114. Prohibited uses in all districts. § 100-115. Junkyards. § 100-116. Dwelling unit density. § 100-117. Hotel and motel unit density. § 100-118. Nonconforming uses. ARTICLE XII Board of Appeals § 100-120. Appointment; membership. § 100-121. Powers and duties. § 100-122. Additional conditions and safeguards.- 10003 afeguards._ 10003 7-25-75 SOUTHOLD CODE § 100-123. Rules of conduct and procedure. § 100-124. Fees. § 100-125. Notice of hearing. ARTICLE XIV Administration and Enforcement § 100-140. Administrative and enforcing officer. § 100-141. Building permits. § 100-142. Revocation of permit. § 100-143. Stop orders. § 100-144. Certificates of occupancy. § 100-145. Penalties for offenses. § 100-146. Remedies. ARTICLE XV Amendments § 100-150. Procedures. § 100-151. Fees. Bulk and Parking Schedule [HISTOR.Y: Adopted by the Town Board of the Town of Southold 4-9-57; amended in its entirety 4-8-58 and 11-23-71. Sections 100-13, 100-20G, 100-30B(7)(a), 100-30B(9)(a), 100-30C, 10004 7-25-75 ARTICLE XIII Site Plan Approval § 100-130. General requirement. § 100-131. Objectives. § 100-132. Effect of approval. § 100-133. Procedure. § 100-134. Site development plan elements. § 100-135. Fees. § 100-136. Cluster development. ARTICLE XIV Administration and Enforcement § 100-140. Administrative and enforcing officer. § 100-141. Building permits. § 100-142. Revocation of permit. § 100-143. Stop orders. § 100-144. Certificates of occupancy. § 100-145. Penalties for offenses. § 100-146. Remedies. ARTICLE XV Amendments § 100-150. Procedures. § 100-151. Fees. Bulk and Parking Schedule [HISTOR.Y: Adopted by the Town Board of the Town of Southold 4-9-57; amended in its entirety 4-8-58 and 11-23-71. Sections 100-13, 100-20G, 100-30B(7)(a), 100-30B(9)(a), 100-30C, 10004 7-25-75 § 100-10 ZONING § 100-10 100-70A(1), 100-90A(22), 100-121C(2)(i), 100-141J(5), 100-144B and 100-145 amended during codification; see Ch. 1, General Provisions, Article II. Other amendments noted where ap- plicable. ( GENERAL REFERENCES Housing — See Ch. 52. Subdivision of land — See Ch. A100. ARTICLE I General Provisions 100-10. Purposes. There is hereby established a comprehensive zoning plan for the Town of Southold, which plan is set forth in the text and map that constitute this chapter. Said plan is adopted for the purposes set forth in,Article 16 of the Town Law, which, in the interest of the - protection and promotion of the public health, safety and welfare, > shall be deemed to specifically include the following, among others: A. The facilitation of the efficient. and adequate provision of public facilities and services. B. The assurance of adequate sites for residence, industry and commerce. C. The provisions of privacy for families. D. Tl:e prevention and reduction of traffic congestion so as to promote efficient and safe circulation of vehicles and pedestrians. E. The maximum protection of residential areas. F. The gradual elimination of nonconforming uses. G. The enhancement of the appearance of the Town of Southold as a whole. 11. The encouragement of flexibility in the design and development of land in such a way as -to produce the most 10005 9 - 25 - 74 r \ i ti l ) § 100-10 SOUTHOLD CODE § 100-12 appropriate , use of lands, to facilitate the adequate and economical provision of streets and utilities and to preserve the natural anti ,scenic qualities of open lands. I. The fostering and protection of agriculture and fisheries. § 100-11. Conflicts. ' A. Where a provision of this chapter conflicts: with or imposes a different requirement from any other provision of this chapter, the provision or requirement which is more restrictive or which establishes the higher standard shall govern. B. Where the provisions of this chapter conflict, with or im- pose a different requirement from any other ordinance of the Town- of Southold or any rules or regulations adopted thereunder, the ordinance, rule or regulation which establishes the higher standard or requirement shall govern. r § 100-12. Exceptions. [Amended 10-30-73 by L.L. No. 5-19731 All of the lots on the following subdivision maps shall be ex- cepted from the lot area and lot width requirements of this chapter, and the lot areas and lot widths applicable to said lots shall be as shown and designated on said subdivision maps: Green Acres; Stratmors; Marion Manor; Cleaves Point, Section II; Fordham Acres, Section I; Fordham Acres, Section II; Sterling Homes; Eastern Shores, Section I; Eastern Shores, Section II; Eastern Shores, Section III; Eastern Shores, Section IV; Eastern Shores, Section V;"•Southold Shores; Sunny Shores; Moose Cove; ;Nassau Point; Deer Park; Village Manor; G. I. Tuthill; Edgemere Park; Willow Terrace; Soundcrest Woods; Gardiners Bay Es- tates, Section III; Harvest Homes, Section I; Bayview Woods Estates; Willow Point; Harbor Lights Estates, Section 1; Terry Waters; Bay Haven; Corey Creek Estates; West Creek Estates; Northwoods; Vista Bluff; Jacksons Landing; Bennett's Pond; Rosewood Estates; Sunset Knolls, Section II; Smithfield Park; Paradise Point; Harbor Lights Estates, Section III; Highwood; 10006 9-25 - 74 t ILI § 100-12 ZONING § 100-13 Nunnakoma Waters; Yennecott Park; Downsview; South Harbor Homes; Peconic Shores, Section I; Peconic Homes, Section I; Pe - conic Homes, Section II; Peconic Bay Oaks; Laurel Country Es- tates; Orient -By -The -Sea, Section II; Cleaves Point, Section III. • § 100-13. Definitions. A. Word usage. Words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the word "person" includes a cor- poration as well as an individual; the word "lot" includes the word "plot;" the term "occupied" or "used," as applied to any building, shall be construed as though followed by the words "or intended, arranged or designed to be oc- cupied or used." B. Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meaning herein indicated: t y J ACCESSORY — A building or use clearly incidental or subordinate to, and customary in connection with, the principal building or use on the same lot. BASEMENT — A story in a building, the structural ceiling level of which is four (4) feet or more above the average level of the finished grade .here such grade abuts that exterior wall of such building which fronts on any street, and the floor level of which is below finished grade at any point on the periphery of the building. BILLBOARD — A sign, including the type commonly known as a "billboard," which directs attention to a business, commodity, service, entertainment or attraction which is sold, offered or existing elsewhere than upon the same lot where such sign is displayed or only incidentally upon such lot. BOARDING AND TOURIST HOUSES — A building, other than a hotel, where lodging, with or without meals, for five (5) or more persons is furnished for compensation. 10007 9 - 25 - 74 6 F § 100-13 SOUTHOLD CODE § 100-13 BUILDING — Any combination of materials forming any construction, except where entirely underground so as to permit the use of the ground above same as if no "building was present; the term "building" shall include the term "structure" as well as the following: (1) Signs. (2) Fences. • (3) Walls, other than retaining walls projecting above the ground . not more than three (3) feet at ..the higher ground level and not more than six and one-half (61/2) feet at the lower ground level. (4) Radio and television receiving and transmitting towers and antennae, except for such antennae in- stalled on the roof of a building and extending not more than twenty (20) feet above the highest level of the roof of such building. (5) Porches, outdoor bins and other similar structures. CELLAR — Any space in a building, the structural ceiling level of which is less than four (4) feet above the average finished grade where such grade abuts that exterior wall of such building which fronts on any street. A "cellar" shall not be considered in determining the permissible number of stories. COURT, INNER — An open space enclosed on all sides by exterior walls of a building. COURT, OUTER — An open space enclosed on three (3) sides by exterior walls of a building. COURT, OUTER, DEPTH OF — The linear average dimension measured from the unenclosed side of the court to the farthest wall thereof. COURT, OUTER, WIDTH OF — The linear dimension of the unenclosed side of the court. CURB LEVEL — The established elevation of the street grade at the point that is opposite the center of the wall nearest to and facing the street line. 10008 - 9-25-74 § 100-13 ZONING § 100-13 DWELLING, MULTIPLE — A building or portion thereof containing three (3) or more dwelling units. DWELLING, ONE -FAMILY — A detached building containing one (1) dwelling unit only. DWELLING, ROW OR ATTACHED — A one -family dwelling with two (2) common or party walls separating it • from adjacent units on both sides. DWELLING, SEMIDETACHED — A one -family dwell- ing with one (1) wall in common with an adjacent dwelling. DWELLING, TWO-FAMILY — A detached building containing two (2) dwelling units only. DWELLING UNIT — A building or entirely self- contained portion thereof containing complete house- keeping facilities for only one (1) family, including any domestic servants employed on the premises, and having no enclosed space (other than vestibules, entrance or other hallways or porches) or cooking or sanitary facilities in common with any other "dwelling unit._" A house trailer a boarding or rooming house, convalescent home, fraternity or sorority house, hotel, motel, inn, lodging or nursing or other similar home, or other similar structure shall not be deemed to constitute a `,'dwelling unit." FAMILY — One (1) or more persons occupying a dwelling unit as a ,single nonprofit housekeeping unit. More than five, (5) persons, exclusive of domestic servants, not related by blood, marriage or adoption, shall not be considered to constitute a "family." FLOOR AREA — The sum of the grosshorizontal areas of the several floors of the building or buildings on a lot, measured from the exterior faces of exterior walls or from the center line, of party walls separating two (2) buildings, excluding cellar and basement areas used only for storage or for the operation and maintenance of the building. FLOOR AREA, LIVABLE — All spaces within the ex- terior -walls of a dwelling unit, - exclusive of garages, breezeways, unheated porches, cellars, heater rooms and 10009 l § 100-13 SOUTHOLD CODE § 100-13 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 and all attic space having a clear height of six (6) feet from finished floor level to pitch of roof rafter with a • clear height of seven (7) feet six (6) inches from finished floor level to ceiling level over fifty percent (50%) of the area of such attic space. 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. GARAGE, PRIVATE — A building used 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, and for the storage of not exceeding two (2 ) additional vehicles ( not trucks) owned or used by others. 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 remuneration, hire or sale. HEIGHT — The vertical distance measured from the average elevation of the finished grade at the front of the building to the highest. point of the roof for flat and mansard roofs, and to the mean height between eave and ridge for other types of roofs. HOME OCCUPATION - This shall be understood to include the professional office or studio of a doctor, dentist, teacher, artist, architect, engineer, musician, lawyer,- magistrate or practitioners of a similar character, or rooms used for "home occupations" including home baking, millinery or similar handicrafts, provided that the office, studio or occupational rooms are located in a dwell- ing in which the practitioner resides or in a building ac- cessory thereto, and provided, further, that no goods are 10010 t,� `J § 100-13 ZONING § 100-13 publicly displayed on the premises and no sign or ad- vertisement is shown other than a sign not larger than two (2) square feet in total area, bearing only the name and occupation (words only) of the practitioner. HOTEL — A building occupied as the more or less tem- porary abiding place of individuals, who are lodging with or without meals, in which there are more than ten (10) rooms usually occupied singly and in which no provision is made for cooking in any room or individual apartment. JUNKYARD — Land occupied or to be occupied for storage of old wood, paper, cloth or metal, including old automobiles, trucks, equipment, machinery, fixtures and appliances not usable as originally designed, and also including any portion of such old automobiles, trucks, equipment or machinery as may be sold as and for junk or salvage.' LOT -- Any parcel of land, not necessarily coincident with a lot or lots shown on a map of record, which is occupied or which is to be occupied by a building and its accessory �j buildings, if any, or by a group of buildings accessory thereto, if any, together with the required open spaces appurtenant to such buildings or group of buildings. LOT, CORNER — A lot at the junction of and abutting on two (2) or more intersecting streets where the interior angle of intersection does not exceed one hundred thirty-five degrees (135*). A lot abutting a curved street shall be deemed a "corner lot" if the tangents to the curve at the points of intersection of the side lot lines with the street lines intersect at an interior angle of less than one hundred thirty-five degrees (135"). LOT DEPTH — The minimum distance from the street line of the lot to the rear lot line of such lot. LOT LINE — Any boundary of a lot other than a street line. LOT LINE, REAR — The lot line generally opposite to the street line; if the "rear lot line" is less than ten (10) feet in I Editor's Note: See also Ch. 84, Junkyards. 10011 7-25-78 § 100-13 SOUTHOLD CODE § 100-13 _ length, or if the lot comes to a point in the rear, the "rear lot line" shall be deemed to be a line, not less than ten (10) feet long, lying farthest from the front lot line and parallel to the front lot line. LOT WIDTH — The average distance between side lot lines,. taken at the front yard or setback line and measured at right angles to the side lot lines or along a line parallel to the street. MAIN FLOOR — The largest area found by the projection of a horizontal plane through the livable floor area which is enclosed by the exterior walls of the building. MANUFACTURING — Any process whereby the nature, size or shape of articles or raw materials is changed, or where articles are assembled or packaged. MARINA or BOAT BASIN — Any premises containing one (1) or more piers, wharves, docks, moorings, bulkheads, buildings, slips, basins or land under water, designed, used or intended to be used primarily for the docking or mooring of boats, for or without compensation. MOTEL — A building containing guest rooms, each of which, or each pair of which, has a separate entrance leading directly from the outside of the building, with parking space conveniently located to each unit, and which is designed, used or intended to be used primarily for the accommodation of motor vehicle transients. NONCONFORMING USES — A nonconforming use is any use, whether of a building or tract of land, or both, existing on the effective date of this chapter, which does not conform to the use regulations of the district in which it is located. 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 fixed and approved dispensing equipment thereafter to be operated by the customer at one (1) set of pumps on one (1) pump 10012 7-25-78 k § 100-13 ZONING § 100-13 island and by a qualified attendant operating dispensing equipment at all other pump islands. [Added 4-11-78 by L.L. No. 2-1978] PRINCIPAL BUILDING — A building in which is conducted the main or principal use of the lot on which said building is located. • PUBLIC WATER; PUBLIC SEWER — Communal sewage disposal systems and communal water supply systems approved by public agencies having jurisdiction thereof. [Amended 10-26-76 by L.L. No. 5-1976] (Cont'd on page 10013) 10012.1 7-26-79 § 100-13 ZONING § 100-13 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 — Includes all faces of a sign, measured as follows: 1 (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. (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 within which all of the matter of which such sign consists may be enscribed. STORY — That part of any building, exclusive of cellars but inclusive of basements, comprised betweerf the level of one (1) finished floor and the level' of the next higher finished floor, or if there be no higher finished floor, then that part of the building comprised' between the level of the highest finished floor and the top of the roof beams. STORY, HALF — Any space -partially within the roof framing where the clear height- of not more than fifty percent (50%) of such space between the: top of the floor beams and the structural ceiling level is seven (7) feet six (6) inches or more. 10013 6 § 100-13 SOUTHOLD CODE § 100-13 STREET — A street, improved to the satisfaction of the Planning Board, which is one (1) of the following: (1) An existing town, county or state highway or street. (2) A street shown on an approved subdivision final plat. (3) A street shown on a map filed with the County Clerk (in accordance with Section 280-a of the Town Law) • prior to Planning Board authorization to review subdivisions.' (4) A street shown on the Town Official Map. STREET LINE — The dividing line between a lot and a street. STRUCTURAL ALTERATION — Any change in the supporting members of a building, such as beams, columns or girders. TOURIST CAMP — Any lot, piece or -parcel of ground . where two (2) or more tents, tent houses, camp cottages, house cars or house trailers used as living or sleeping quarters are or may be located, said camp being operated for or without compensation.3 TOURIST COTTAGE — A detached building having less than three hundred fifty ( 350) square feet of cross-sectional area, designed for or occupied as living and sleeping quarters for seasonal occupancy. TRAILER. —. Any vehicle mounted on wheels, movable either by its own power or by being drawn by another vehicle, and equipped to be used for Iiving or sleeping quarters or. so as to permit cooking. The term "trailer" shall include such vehicles if mounted on temporary or permanent foundations with the wheels removed. USABLE OPEN SPACE — An unenclosed portion of the ground of a lot which is not devoted to driveways or parking spaces, which is free of structures of any kind, of 2 Editor's Note: For additional provisions regarding approved streets, in sub- divisions, see Ch. A100, Subdivision of Land. 3 Editor's Note: See also Ch. 88, Tourist and Trailer Camps. 10014 § 100-13 ZONING § 100-20 which not more than twenty-five percent (25%) is roofed for shelter purposes only, the minimum dimension of which is forty (40) feet, and which is available and accessible to all occupants of the building or buildings on the said lot for purposes of active or passive outdoor recreation. USE, ACCESSORY — A use customarily incidental and • subordinate to the main use on a lot, whether such "ac- cessory use" is conducted in a principal or accessory building. YARD, FRONT — An unoccupied ground area open to the sky between the street line, or between the street line established by the Official Map of the town or an approved subdivision plat,' and a line drawn parallel thereto. YARD, REAR — An unoccupied ground area fully open to the sky between the rear lot line and a line drawn parallel thereto. YARD, .SIDE — An unoccupied ground area fully open to the sky between any property line other than a street or rear lot line and a line drawn parallel thereto between the front and rear yards. ARTICLE II Districts § 100-20. District designations. For the purpose of this chapter, the Town of Southold, outside of the incorporated villages, is hereby divided into districts designated as follows: A. A Residential and Agricultural Districts. B. M Light Multiple -Residence Districts. C. M-1 General Multiple -Residence Districts. D. B Light Business Districts. 4 Editor's Note: For provisions regarding approval of subdivision plats, see Ch. A106, subdivision of Land. 10015 § 100-20 SOUTHOLD CODE § 100-22 E. B-1 General Business Districts. F. C ' Light Industrial Districts. G. C-1 General Industrial Districts. § 100-21. Zoning Map. The boundaries of the said districts are hereby established as • shown on the Building Zone Map, which accompanies this chapter and which, with all explanatory matter thereon, is hereby adopted and made a part of and incorporated into this chapter. Said map, indicating the latest amendments, shall be kept up-to-date and. a copy thereof shall be kept in the office of the Building Inspector for the use and benefit of the public. § 100-22. District boundaries. -In determining the boundaries of districts shown on the Zoning Map, the following rules shall apply: A. Where district boundaries are indicated as approximately _ following the center lines of streets, highways, waterways or railroad rights-of-way, or such lines extended, such center lines shall be construed to be such boundaries. B. Where such boundaries are indicated as approximately following the property lines of parks. or other publicly owned lands, such lines shall be construed to be such boundaries. C. Unless otherwise shown, all district boundaries running parallel to streets shall be construed to be two hundred (200) feet back from the rights-of-way of said streets. D. In all cases where a district boundary divides a lot in one (1) ownership and more than fifty percent (50%) of the area of such lot lies in the less restricted district, the regulations prescribed by this chapter for the less restricted district shall apply to such portion of the more restricted portion of said lot which lies within thirty (30) feet of such district boundary. For the purposes of this subsection, the "more restricted district" shall be deemed that district subject to regulations which: 10016 § 100-30 ZONING § 100-30 (1) One -family detached dwellings, not to exceed one (1) dwelling on each lot. (2) The following commercial agricultural operations and accessory uses thereto, including irrigation, provided that there shall be no storage of manure 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 nur- series and the seasonal sale of products thereof in buildings, subject to the following special requirements: Ill All one-story buildings for display and retail sales of agricultural and nursery products grown primarily on the premises shall not exceed one thousand (1,000) square feet in floor area. Display of produce shall be not less than ten (10) feet from all street and lot lines. Any stand in excess of one hundred (100) 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] All signs shall conform to the provisions of § 100-30C(6)(b). - (b) The keeping, breeding and raising of fowl, except ducks," and large domestic animals on lots of ten (10) acres or more. (c) The keeping of not more than two (2) horses and/or ponies owned and used by the owner of the premises for his personal use, provided that the land area devoted to such use shall not be less than forty thousand (40,000) square feet. [Amended 5-30-75 by L.L. No. 3-1975] 6 Editor's Note: For provisions regarding the raising of ducks, see Ch. 41, Ducks. 10019 7-25-75 1 § 100-30 SOUTHOLD CODE § 100-30 (d) Barns, storage buildings 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. 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 in accordance with Article XIII hereof: (1) Two-family dwellings, conversion of existing buildings and new construction, not to exceed one (1) such dwelling on each lot. (2) Places of worship, including parish houses (but ex- cluding 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 ac- cessory buildings shall not exceed twenty percent (20%) of the area of the lot. (3) Private . schools, colleges and other educational in- stitutions, subject to the following requirements: (a) No building shall be less than fifty (50) feet from any street or lot line. (b) The total area occupied by all principal and ac- cessory buildings shall not exceed twenty percent (20%) of the area of the lot. (c► Any such school shall be a nonprofit organization within the -meaning of the Internal Revenue Act and shall be registered effectively thereunder as such. -10020 7-25-75 § 100-30 ZONING § 100-30 from any lot line, and any such building, tent, activity area or recreation facility shall be ef- fectively 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. (d) The sound level of all outdoor public-address systems shall not exceed the intensity tolerable in a residential neighborhood. (8) Labor camps, farm and nonfarm, subject to the following requirements: (a) All farm labor camps on farms shall be con- structed 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 Board of Appeals. (9) 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 no more than two (2) boats other than those owned and used by the owner of the premises for his personal use. 7 Editor's Note: See also Ch. 32, Boats, Docks and Wharves. 10023 § 100-30 SOUTHOLD CODE § 100-30 ^� (10) Veterinarian 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 (100) feet to any lot line. (11) Cemeteries. (12) Stables and riding academies. • (13) Funeral homes and undertaking establishments.' C. Accessory uses, limited to the following:9 (1) Home occupations, provided that: (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 resident therein with not more than one (1) nonresident assistant. (c) Such occupation is carried on in an area not exceeding thirty percent (30%) of the area of one (1) floor of the main building. (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. (2) Garden house, toolhouse, playhouse, wading pool or swimming pool incidental to the residential use of the premises and not operated for gain, subject to the S following requirements: (a) Any swimming pool shall be completely enclosed with a permanent chain-link (or similar type) 8 Editor's Note: Former Subsection (14), which permitted sales of personal prop- erty, was repealed 5.28.73. 9 Editor's Note: Original Subsections (e) and (f ) of this Subsection C were deleted as they duplicated Subsections (b) and (c). 10024 VE § 100-30 ZONING § 100-30 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-locking gate to prevent unauthorized use of the pool and to prevent 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-locking 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. (3) 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. (4) The storage of either a boat or trailer owned and used j by the owner or occupant of the premises on which such boat or trailer is stored, for his personal use, subject to the following requirements: (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 therefor, 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. (c) Such boat or trailer shall not be located within fifteen (15) feet of any street or lot line. (5) Horses and domestic animals other than household pets, provided that such 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 con- structed within fifty (50) feet of any line. [Amended 5- 29-73; 5-30-75 by L.L. No. 3-19751 1002 7-25-75 � r W § 100-30 SOUTHOLD CODE § 100-30 1 (6) The following signs, subject to the supplementary sign regulations hereinafter set forth: (a) One (1) indirectly illuminated nameplate or professional sign not more than two (2) square feet in area. (b) Not more than three (3) signs with a combined total area of not more than seventy-two (72) square feet, no one (1) of which shall be larger than four by six (4 x 6) feet in size, advertising only the sale of farm, garden or nursery products produced or grown on the premises or of animals raised on the premises. (c) One (1) real estate sign, either single- or double- faced, not larger than three by four (3 x 4) feet in size on any one (1) or more lots, advertising the sale or lease of only the premises on which it is maintained, and set back not less than ten (10) feet from any lot line. (d) One (1) sign, either single- or double-faced, not exceeding twenty-four (24) square feet in size, set back at least thirty-five (35) feet from the street line and ten (10) feet from either side line, ad- vertising the sale or lease of acreage or the sale of lots in a subdivision having a continuous frontage of five hundred ( 500) feet or more. (e) One (1) bulletin board or other announcement or identification sign for uses permitted in § 100- 30B(2), (3), (4), (6), (7) and (10) hereof, not more than thirty-two (32) square feet in area, located not less than five (5) feet from any' street or lot line. (f) Such other signs as may be authorized as a special exception by the Board of Appeals as hereinafter provided. (7) [Added -5-29-73] Yard sales, attic sales, garage sales, auction sales or similar type sales of personal property owned by the occupant of the premises and located thereon, subject to the following requirements: 10026 7-25-75 4n § 100-30 ZONING § 100-33 (a) Not more than one (1) such sale shall be con- ducted 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 three by four (3 x 4) 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 is obtained therefor from the Building Inspector upon the payment of a fee of fifteen dollars ($15.). § 100-31. 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 A Residential and Agricultural District unless the same conforms with the "Bulk and Parking Schedule" incorporated into this chapter, by } reference, with the same force and effect as if such regulations were set forth herein in full. § 100-32. Accessory buildings. In the A Residential and Agricultural District, accessory buildings and structures or other accessory uses may 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 not less than three (3) feet from any lot line. C. All such buildings in the aggregate shall occupy not more than forty percent (40%) of the area of the required rear yard. § 100-33. Established front yard setback. [Amended 5-29-731 Where property in the vicinity is improved with permanent dwellings with a front yard area of less than that required by the 10027 I .f § 100-33 SOUTHOLD CODE § 100-36 provisions of this chapter, the front yard setback shall be the average setback of the existing dwellings within three hundred (300) feet of the proposed dwelling on the same side of the street, within the same block and the same use district. § 100-34. Corner lots. On a corner lot, front yards are .required on both street front- • ages, and one (1) yard other than,. the front yards shall be deemed to be a rear yard, and the other or others, side yards. No obstruction to vision exceeding thirty (30) inches in height above curb level shall be erected or maintained at street intersections within the triangle formed by the street lines of such lot and a line drawn between points along such street lines thirty (30) feet distant from their point of intersection. § 100-35. Fences, walls and hedges. Subject to the provisions of. § 100-34, fences, walls, hedges or other live plantings within five (5) feet of the property lines may i be erected and maintained, subject to the following height limitations: A. When located in the front yard along the front yard prop- erty line, the same shall not exceed four (4) feet in height. [Amended '5-29-731 B. When located along side and rear lot lines, the same shall not exceed six and one-half (6'/z ) feet in height. C. When located other than in the front yard area or along side or rear lot lines, the same shall not exceed eight (8) feet in height.' ° § 100-36. Substandard lots. [Added 5-29-731 In the A District, in the case of a lot held in single and separate ownership on the effective date of this chapter and thereafter, 10 Editor's Note: Former subsection D, regulating proximity to property lines, was repealed 5.29.73. 10028 .I f § 100-36 ZONING § 100-40 with an area and/or width of less than the requirements of this chapter, a single-family dwelling may be constructed thereon with side yard requirements reduced by twenty-five percent (25Go), provided that all other yard requirements are complied with. ARTICLE IV • M Light Multiple -Residence District § 100-40. Use regulations. In an M 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. [Amended 5-30-75 by L.L. No. 3-19751 Permitted uses, subject to site plan approval of the Planning Board in accordance with Article XIII hereof. (1) Any permitted use set forth in, and as regulated by, ' § 100-30A of this chapter. (2) Multiple dwellings not exceeding one hundred twenty- five (125) feet in length designed for and occupied by not more than four (4) families. (3) Boardingand and tourist houses. 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 in accordance with Article XIII hereof: (1) Any special exception use set forth in, and as regulated by, § 100-30B of this chapter. C. Accessory uses. (1) Any accessory use set forth in, and as regulated by, § 100-30C of this chapter. (2), Accessory uses on the same lot with and customarily incidental to any permitted use and not -involving a separate business. 10029 7-25-75 I I. § 100-40_ SOUTHOLD CODE § 100-50 -' (3) Signs, subject, to the following requirements: (a) One (1) advertising sign, either single- or double- faced, not more than fifty (50) square feet in area, the lower edge of which' -shall not be less than -four (4) hanfour- (4) feet above the ground, exclusive of pillars and posts, and the upper edge of which shall not project more than fifteen (15) feet six (6) inches • above the ground. Such sign shall advertise only the business conducted on the premises upon which it is located. Such sign shall be set back not less than five (5) feet from all street. and lot lines. Such sign shall. comply with all of the sup- plementary sign regulations hereinafter set forth. § 100-41.' 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 M Light Multiple - Residence District unless the same conforms with the "Bulk and Parking Schedule" incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full. - § 100-42. Livable floor area. [Added 5-30-75 by L.L. No. 3-19751 Each dwelling unit in a multiple dwelling in the M Light Multiple -Residence District shall have a livable floor area of not less'than.eight hundred fifty (850) square feet, except that a one - bedroom or studio dwelling unit shall have a livable floor area of not less than six hundred (600) square feet. ARTICLE V M-1 General Multiple -Residence District § 100-50. Use regulations. In an M-1 District, no building or premises shall be used, and no building or part of a building shall be erected or altered which is 10030 7-25-75 § 100-50 ZONING § 100-51 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, §§ 100-30A and 100-40A of this chapter. • B. Uses permitted by special exception by the Board of Appeals. The following uses are. permitted as a special exception by the Board of Apeals, as hereinafter provided, and subject to site plan approval by the Planning Board in accordance with Article XIII hereof: (1) Any special exception use set forth in, and as regulated by, § 100-30B of this chapter. (2) Marinas for the docking, mooring or accommodation of noncommercial boats." (3) Multiple dwellings. (4) Hotels and motels. i (5) Tourist camps." C. Accessory uses. (1) Any accessory use set forth in, and as regulated by, §§ 100-30C and 100-40C of this chapter. (2) Accessory uses on the same lot with and customarily incidental to any permitted use and not involving a separate business. § 100-51. Bulk, area and parking requirements. No buildings or premises shall be used and no building or part • thereof shall be erected or altered in the M-1 General Multiple - Residence District unless the same conforms with the "Bulk and Parking Schedule" incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full. Editor'® Note: See also Ch. 82, Boats, Docks and Wharves. " Editor's Note: See also Ch. 88, Tourist and Trailer Camps. 10031 12-25-78 1 ' § 100-52 . SOUTHOLD CODE § 100-52. Building length and separation. § 100-60 A. No building shall exceed one hundred twenty-five (125► feet in length. B. The minimum distance between principal buildings shall be equal to two (2). times the height of the highest building, and the minimum distance between a principal and an accessory building shall be twenty (20) feet. C. Any inner court shall have a minimum dimension of sixty (60) feet, and any outer court shall have a minimum dimension of twenty (20) feet and its depth shall not exceed its width. § 100-53. Livable floor area. [Added 5-30-75 by L.L. No. 3-19751 Each dwelling unit in a multiple dwelling in the M-1 General Multiple -Residence District shall have a livable floor area of not less than eight hundred fifty (850) square feet, except that a one - bedroom or studio dwelling unit shall have a livable floor area of not less than six hundred (600) square feet. ARTICLE VI B Light Business District § 100-60. Use regulations. In a B 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) [Amended 10-26-76 by L.L. No. 5-19761 Any permitted uses set forth in, and as regulated by, the following provisions of this chapter: (a) Subsection A(2) and (3) of § 100-30. (b) Subsection A(3) of § 100-40. 10032 12-25-76 • 0 k• a • § 100-61 ZONING § 100-62 § 100-61. 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 Light Business District unless the same conforms with the "Bulk and Parking Schedule" incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full. § 100-62. Retail shopping centers. Notwithstanding any other provisions of this Article, a building or a combination of buildings containing retail stores, mercantile establishments, offices, banks and financial institutions, com- monly known as shopping centers, may be erected or altered in the B Business District, subject, however, to the following requirements: A. Approval of site development plans by the Planning Board in accordance with Article XIII hereof. B. The lot area shall be not less than one (1) acre and the lot width shall be not less than one hundred fifty (150) feet. C. At least twenty-five percent (25%) of the lot area shall. be landscaped with grass and plantings. D. The required front yards shall be not less than thirty-five (35) feet, except that where the property in the vicinity is. partly built up with permanent buildings and an average setback line has been established, no building shall project beyond the line of the average setback so established. E. The required side yards shall be not less than twenty-five (25) feet. F. The required rear yard shall be not less than twenty-five (25) feet. G. Parking shall be provided in off-street parking areas which shall provide one (1) parking space, three hundred fifty (350) square feet in area, for each one hundred (100) square feet of sales floor area or office floor area in each building. [Amended 5-29-73] 10035 12-25-76 i 1 § 100-62 SOUTHOLD CODE § 100-70 H. All rainfall and stormwater accumulated on the premises shall be returned to the ground within the boundaries of the premises. I. The total floor area for each retail or service establishment located therein shall not exceed ten thousand (10,000) square feet. • § 100-63. Uses confined to enclosed buildings. [Amended 5-30-75 by L.L. No. 3-1975] All uses permitted in a B District, including the display and sale of merchandise and the storage of all property, except living plants, shrubs or trees, shall be confined to fully enclosed buildings on the premises. ARTICLE VII B-1 General Business District § 100-70. Use regulations.' In the B-1 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. Permitted uses. (1) [Amended 7-31-73; 10-26-76 by L.L. No. 5-19761 Any permitted use set forth in, and as regulated by, the following provisions of this chapter: (a) Subsection A(2) and (3) of §'100-30. (b) Subsection A(3) of § 100-40. (c) Subsection A(2) to (9), inclusive, of § 100-60. (d) Section 100-62. 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 10036 12-25-76 i E � i § 100-70 ZONING § 100-80 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 power release which will act as an automatic fire extinguisher. (f) No customer shall be permitted to dispense gasoline unless he shall possess a valid motor vehicle operator's license. (g) There shall be no latch -open device on any self- service dispensing nozzle. (6) Cabinet shops, carpenter shops, electrical shops, plumbing shops, furniture repair shops and bicycle and motorcycle shops. [Added 5-30-75 by L.L. No. 3- 19751 _ C. Accessory uses. [Amended 10-26-76 by L.L. No. 5-19761 ,- (1) Accessory uses on the same lot with and customarily incidental to any permitted use and not involving a separate business. § 100-71. 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-1 General Business District unless the same conforms with the "Bulk and Parking Schedule" incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full. ARTICLE VIII C Light Industrial District § 100-80. Use regulations. In a C District, no building or premises shall be used, and no building or part of a building shall be erected or altered which is 10038.1 7-25-78 § 100-80 SOUTHOLD CODE § 100-80 arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. (1) [Amended 10-26-76 by L.L. No. 5-19761 Any permitted uses set forth in, and as regulated by, the following provisions of this chapter: (a) -Subsection A(2) and (3) of § 100-30. (Cont'd on page 10039) 10038.2 7-25-78 (` . § 100-80 ZONING § 100-80 B. Uses permitted by special exception by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board in accordance with Article XIII hereof. (1) Industrial uses, including manufacturing, assembling, converting, altering, finishing, cleaning or other • processing, handling or storage of products or materials, involving the use of only oil, gas or elec- tricity for fuel. (2) Research, design and development laboratories; office buildings. (3) Wholesale storage and warehousing. (4) Building contractors' yards. (5) Public utility structures and uses. (6) Newspaper and printing establishments. (7) Bus and truck terminals (garages, parking facilities, loading docks, etc.). 0 (8) Food, processing and packaging plants. (9) Marinas for the docking and mooring of all types of boats." (10) Launching facilities. (11) Ferry terminals. (12) Yacht clubs; charter fishing docks. (13) Eating and drinking establishments. (14) Retail sales of boats and marine items. (15) Boat building; boat servicing; boat storage facilities. (16) Yards for sale and storage of fuel and building materials. (17) Special exception use. [Repealed 10-26-76 by L.L. No. 5-1976] 1' Editor's Note: See also Ch. 82, Boats, Docks and Wharves. _ 10039 12-25-76 r� § 100-80 SOUTHOLD CODE § 100-90 C. Accessory uses. (1) Accessory uses on the same lot with and customarily incidental to any permitted use and not involving a separate business. § 100-81. 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 C Light Industrial District unless the same conforms with the "Bulk and Parking Schedule" incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full. ARTICLE IX C-1 General Industrial District § 100-90. Use regulations. A. [Amended 7-31-73; 10-26-76 by L.L. No. 5-19761 In the C-1 District, buildings and premises may be used for any lawful purpose, except that no building and/or premises shall be used for dwelling, boarding and tourist home, hotel, motel or tourist camp purposes, and the uses hereinafter set forth are permitted only by special ex- ception by the Board of Appeals, as hereinafter provided, and are subject to site plan approval by the Planning Board in accordance with Article XIII hereof: (1) Abattoirs. (2) Acetylene gas manufacture or gas manufacture from coke, petroleum or from any other product, or the storage thereof. (3) Acid manufacture. (4) Ammonia, bleaching powder or chlorine manufacture. (5) Arsenal. (6) Asphalt manufacture and asphalt mixing plants. (7) Blast furnace. 10040 12-25-76 § 100-110 ZONING § 100-112 B. The following types of signs or artificial lighting are prohibited: (1) Billboards. (2) Flashing signs, including any sign or device on which the artificial light is not maintained stationary and constant in intensity and color at all times when in • use. (3) Signs which compete for attention with, or may be mistaken for, a traffic signal. (4) The outlining by direct illumination of all or any part of a building,.such as a gable roof, side wall or corner. (5) Signs made out of cardboard, paper, canvas or similar impermanent material. § 100-111. Continuation of existing signs. Notwithstanding any other provisions of this chapter, any sign in existence at the effective date of this chapter, as first enacted in 1957, which does not conform to the provisions of this chapter, shall, within five (5) years from such date, be discontinued unless its continuance is authorized as a special exception by the Board of Appeals as hereinafter provided. § 110-112: Off-street parking areas. Off-street parking spaces, open or enclosed, are permitted accessory to any use, subject to the following provisions: A. Schedule of parking requirements. Accessory off-street parking spaces, open or enclosed, shall be provided in all use districts for any use specified below. Any land 'which is developed as 'a unit under single ownership and control shall be considered a single lot for the purpose of these parking regulations. Reasonable and appropriate off-street parking requirements for structures and uses which do not fall within the categories listed below shall be determined by the Planning Board upon consideration .of all factors entering into the parking needs of each, use. 10043 § 100-112 SOUTHOLD CODE Type of Use Places of worship, libraries and other public buildings Golf courses and other coun- try clubs Secondary schools Elementary schools Hospitals, sanitaria, nursing homes, philanthropic or elee- mosynary institutions Rooming houses Eating and drinking places Undertakers and funeral homes Hotels and motels Bowling alleys Home occupation or accessory professional office, except physicians and dentists § 100-112 Number of Parking Spaces At least 1 for each 200 square feet of floor area, but not less than 1 for each 5 seats where provided At least 1 for each 2 members or accommodations (such as lockers), whichever is greater 2 spaces per classroom, plus 1 space for each 5 seats in any auditorium or place of assembly 2 spaces per classroom, plus 1 space for each 5 seats in any auditorium or other place of assembly At least 1 for each bed At least 1 for each guest room At least 1 for each 5 seats At least 1 for each employee, plus 25 spaces for each chapel At least 1 for each guest room, plus 1 for each employee 5 spaces per alley 3 spaces per home occupation or accessory professional office Professional office of physi- 5 spaces per each physician or cian or dentist dentist B. Areas computed as parking spaces. Areas which may be computed as open or enclosed off-street parking spaces include any private garage, carport or other area available for parking, other than a street or a driveway. However, a driveway within a required front yard for a one -family or 10044 I ' t _'. • 0 js M1� s § 100-118 ZONING § 100-118. Nonconforming uses. § 100-118 Unless otherwise authorized as a special exception by the Board of Appeals, as hereinafter provided, the following provisions shall apply to nonconforming uses: A. The lawful use of a building or premises existing on the effective date of this chapter" or authorized by a building is permit issued prior thereto may be continued although such use does not conform to the provisions of this chapter and such use may be extended throughout the building lawfully acquired to said date: B. A nonconforming use of a building or premises may be changed to a use of the same or higher classification ac- cording to the provisions of this chapter. C. Whenever a district shall hereafter' be changed, any then existing nonconforming -use of a building or premises in such changed district may be continued or changed to a use of a similar or higher classification, provided that all other regulations governing the use are complied with. D. Whenever a nonconforming use of a building or premises has been discontinued for a period of more than two (2 ) years or has been changed to a higher classification or to a conforming use, anything in this section to the contrary notwithstanding, the nonconforming use of such building or premises shall no longer be permitted unless a variance therefor shall have been granted by the Board of Appeals, as hereinafter provided. E. A nonconforming building may not be reconstructed or structurally altered during its life to an extent exceeding in aggregate cost fifty percent (50%) of the fair value of the building, unless the use of such building is changed to a conforming use. F. A nonconforming building which has been damaged by fire or other causes to the extent of more than fifty percent (50%) of its fair value shall not be repairedor rebuilt unless the use of such building is changed to a conforming use. 20 Editor's Note: For the purposes of this section, the effective date of the chapter was the date of the original enactment, 4.9.57. 10053 § 100-120 SOUTHOLD CODE § 100-121 ARTICLE XII Board of Appeals. § 100-120. Appointment; membership. The Town Board shall appoint a Board of Appeals consisting of five (5) members, as provided by the Town Law. • § 100-121. Powers and duties. In addition to such powers as may be conferred'upon it by law, the Board of Appeals shall have the following powers: A. Appeals. To hear and decide appeals from and review any order, requirement, decision or determination made by the Building. Inspector. B. Variances. Where there are practical difficulties or un- necessary hardships in the way of carrying out the strict letter of these regulations, the Board of Appeals shall have the power to vary or modify the application of such regulations so that the spirit of the chapter shall be ob- served, public safety and welfare secured and substantial justice done. C. Special exceptions, special permits and other approvals. Whenever a use or the location thereof is permitted only if the Board of Appeals shall approve thereof, the Board of Appeals may, in a specific case and after notice and public hearing, authorize such permitted use and its location within the district in which this chapter specifies the permitted use may be located, subject, however, to the following: (1) Before such approval shall be given, the Board of Appeals shall determine: (a) That the use will not prevent the orderly and reasonable use of adjacent properties or of prop- erties in adjacent use districts; (b) That the use will -not prevent the orderly and reasonable use of permitted or legally established 10054 �, iii ► § 100-121 ZONING § 100-121 uses in the district wherein the proposed use is to be located, or of permitted or legally established uses in adjacent use. districts; (c) That the safety, the health, the welfare, the comfort, the convenience or the order of the town will not be adversely affected by the proposed use . and its location; and (d) That the use will be in harmony with and promote the general purposes and intent of this chapter. (2) In making such determination, the Board of Appeals shall also give consideration, among other things, to: (a) The character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of any of such permitted uses; (b) The conservation of property values and the encouragement of the most appropriate uses of land; ID (c) The effect that the location of the proposed use may have upon the creation or undue increase of vehicular traffic congestion on public streets or highways; (d) The availability of adequate and proper public or private water supply and facilities . for the treatment, removal or discharge of sewage, refuse or other effluent (whether liquid, solid, gaseous or otherwise) that may be caused or created by or as a result of the use; (e) Whether the use or the materials incidental thereto or produced thereby may give off ob- noxious gases, odors, smoke or soot; (f) Whether the use will cause disturbing emissions of electrical discharges, dust, light, vibration or noise; (g) Whether the operation in pursuance of the use will cause undue interference with the orderly 10055 r ' y § 100-121 SOUTHOLD CODE § 100-122 enjoyment by the public of parking or of recreational facilities, if existing or if proposed by the town or by other competent governmental agencies;- (h) gencies; (h) The necessity for bituminous -surfaced space for purposes of off-street parking of vehicles in- cidental to the use, and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be located; (i) Whether a hazard to life, limb or property because — of fire, flood, erosion or panic may be created by reason of or as a result of the use, or by the structures to be used therefor, or by the inac- cessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus, or by the undue concentration or assemblage of persons upon such plot; (j) Whether the use or the structures to be used J, therefor will cause an overcrowding of land or undue concentration of population; (k) Whether the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof; and (1) Whether the use to be operated is unreasonably near to a church, school, theater, recreational area or other place of public assembly. § 100-122. Additional conditions and safeguards. In deciding any matter before it, the Board of Appeals may impose such conditions and safeguards as it deems necessary or appropriate to preserve and protect the spirit and the objectives of this chapter. 10056 ,T_ v 4 "9 § 100-134 ZONING § 100-134 (8) Location, width and purpose of all existing and proposed easements, setbacks, reservations and areas dedicated to public use within or adjoining the prop- erty. (9) A complete outline of existing deed restrictions or covenants applying to the property. (. (10) Existing zoning. B. Natural features. (1) Existing contours at intervals of five (5) feet or less, referred to a datum satisfactory to the Board. (2) Approximate boundaries of any areas- subject to flooding or stormwater overflows. (3) Location of existing watercourses, marshes, wooded areas, rock outcrops, isolated trees with a diameter of eight (8) inches or more measured three (3) feet above the base of the trunk, and other significant existing features. C. Existing structures and utilities. (1) Location of uses and outlines of structures, drawn to scale, on and within one hundred (100) feet of the lot. (2) Paved areas, sidewalks and vehicular access between the site and public streets. (3) Locations, dimensions, grades and flow direction of existing sewers, culverts and water lines' as well as other underground and aboveground utilities within and adjacent to the property. (4) Other existing development, including fences, land- scaping and screening. D. Proposed development. (1) The location of proposed buildings or structural improvements. (2) The location and design of all uses not requiring structures, such as off-street parking and loading areas. 10061 § 100-134 SOUTHOLD CODE § 100-136 (3) The location, direction, power and time of use of any proposed outdoor lighting or public-address systems. (4) The location of and plans for any outdoor signs. (5) The location and arrangement of proposed means of access and egress, including sidewalks, driveways or other paved areas; profiles indicating grading and cross sections showing width of roadway, location and • width of sidewalks and location and size of water and sewer lines. (6) Any proposed grading, screening and other land- scaping, including types and locations of proposed street trees. (7) The location of all proposed water lines, valves and hydrants and of all sewer lines or alternate means of water supply and sewage disposal and treatment. (8) An outline of any proposed deed restrictions or covenants. (9) Any contemplated public improvements on or ad- t�> joining the property. (10) If the site development plan indicates only a first stage, a supplementary _plan shall indicate ultimate development. E. Any other information deemed by the Planning Board necessary to determine conformity of the site plan with the intent and regulations of this chapter. § 100-135. Fees. All applications to the Planning Board for approval of site development plans shall be accompanied by a fee of twenty-five dollars ($25.). § 100-136. Cluster development. [Added 5-29-731 The Planning Board may approve cluster developments for one - family -detached dwellings in an A Residential and Agricultural District according to the procedure and requirements specified 10062 a_ '1 4 -4 § 100-136 ZONING § 100-136 below. The purpose of such development is to provide flexibility in the design and development of land in such a way as to promote the most appropriate use of land to facilitate the adequate and economical provision of streets and utilities, and to preserve the natural and scenic qualities of open space. . A. The maximum number of single-family lots that may be approved in a cluster development shall be computed by subtracting from the total gross area a fixed percentage of twenty percent (20%) of said area and dividing the remaining eighty percent (80%) of the area by forty thousand (40,000) square feet. (1) In computing the maximum number of lots that may be created, any lands which are subject to flooding or which are occupied by public utility easements in such a manner as to prevent their use and development shall not be considered part of the total gross area. (2) In a cluster development, lot area, width, depth, front yard, rear yard and side yards shall not be reduced by more than fifty percent (50%) of the minimum requirements set forth in the "Bulk and Parking Schedule." B. The area of a cluster development shall be in single ownership or under unified control. C. Prior to the issuance of a building permit in a cluster development, a site plan shall be submitted to and ap- proved by the Planning Board in accordance with Article XIII of this chapter and the following conditions: (1) Said site plan shall include areas within which structures may be located, the height and spacing of 10 buildings, open spaces and their landscaping, off- street open and enclosed (if any) parking spaces, and streets, driveways and any other physical features relevant to the proposed plan. (2) Said site plan shall include a statement setting forth the nature of all proposed modifications of existing zoning provisions. 10063 c • a § 100-136 SOUTHOLD CODE § .100-136 D. Nothing contained in this chapter shall relieve the owner or his agent or the developer of a proposed cluster development from receiving final plat approval in ac- cordance with the town subdivision regulations.21 In approving the final plat for a cluster development, the Planning Board may modify the acreage requirement for recreation areas as set forth in the town's rules governing • subdivision review, provided that the common land dedicated meets all other requirements of the town sub- division regulations. E. A cluster development shall be organized as one (1) of the following: a Homes Association approved by the Federal Housing Administration for mortgage insurance as a Planned Unit Development, and the Town Board; a Homes Association approved by the Town Attorney and Town Board; or any other arrangements approved by the Town Attorney and Town Board as satisfying the intent of this chapter. Whenever a Homes Association is proposed, the Town Board shall retain the right to review and approve the Articles of Incorporation and Charter of said Homes Association, and to require, whatever conditions deemed necessary to ensure that the intent and purpose of this chapter are carried out. In consideration of said approval, the Town Board shall, in part, require the cluster development to meet the following conditions: (1) The Homes Association shall be established as an incorporated nonprofit organization operating under recorded land agreements through which each lot owner, and any succeeding -owner, is automatically a member, and each lot is automatically subject to a charge for a proportionate share of the expenses for the organization's activities. (2) Title to all common property shall be placed in the Homes Association, or definite and acceptable assurance shall be given that it automatically will be so placed within a reasonable period of time. 21 Editor's Note: See Ch. A100, Subdivision o4 Land. 10064 1 § 100-141 ZONING § 100-141 issued upon application to the Building Inspector. No building permit shall be issued unless the proposed construction is in full conformity with all the provisions of this chapter and the provisions of all other applicable laws, ordinances, rules and regulations. Any building permit issued in violation of the provisions of this chapter shall be null and void.and of no effect without the necessity for any proceedings, revocations or i, nullification thereof; and any work undertaken or use established pursuant to the issuance of a permit in violation of the provisions of this chapter shall be unlawful. A. Applications. Every application for a building permit shall contain the following information and be accompanied by the required fee and a plot plan drawn to scale and signed by the person responsible for each drawing. If no such plot plan is available, a survey is required, prepared by a licensed engineer or land surveyor. (1) The actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected, or of the lot on which it is situated if an existing building. (2) The block and lot numbers-, if. any, as they appear on . ,the latest tax records. (3) The exact size and locations on the lot of the proposed building or buildings or alteration of an existing building and of other existing buildings on the same lot. (4) The dimensions of all yards in relation to the subject building, ar. d the distances between such building and any other existing buildings on the same lot. (5) The existing and intended use of all buildings, existing or proposed, and the use of land and the number of dwelling units the building is designed to ac- commodate. (6) Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this chapter. 10067 7 - 25 - 7.; § 100-141 SOUTHOLD CODE § 100-141 B. No building permit shall be issued for the construction or alteration of any building upon a lot without access to a street or highway as provided by § 280-a of the Town Law. C. No building permit shall be issued for any building where the site plan of such building is subject to approval by the Planning Board, except in conformity with the plans approved by ,the said Board. D. No building permit shall be issued for a building in any district where such use is permitted by special exception or ,special permit of the Board of Appeals, unless. and until such approval has been duly granted by such Board. E. No building permit shall be issued for any building until approval has been received from the County health Department for the proposed water supply and sewage disposal system. F. The building permit application and all supporting documentation shall be made in triplicate. Upon the issuance of a building permit, the Building Inspector shall return one (1) copy of all filed documents to the applicant. G. The Building Inspector shall, within ten (10) business days after the filing of . a complete and properly prepared ap- plication, 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 regulations af- fecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, -the ex- tension of the permit for an additional six (6) months. Thereafter, a new permit shall be required. [Amended 5-30- 75 by L.L. No. 3-1975] (Cont'd on page 10069) 10068 7-25-75 E I `._-fie, r�L 0 § 100-141 ZONING § 100-141 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. The following fees shall be paid upon the filing of an 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: (1) Dwellings. (a) New dwellings, twenty-five dollars ($25.) plus five cents ($0.05) for each square foot of floor area over one thousand (1,000) square feet. (b) Additions and alterations, fifteen dollars ($15.). (c) Accessory buildings, ten dollars ($10.) plus five cents ($0.05) for each square foot of floor area over eight hundred fifty (850) square feet. (d) Additions and alterations to accessory buildings, ten dollars ($10.). (2) Hotels, motels, business and industrial buildings. (a) New construction, fifty dollars ($50.) plus ten cents ($0.10) for each square foot of floor area over ten thousand (10,000) square feet. (b) Additions and alterations, twenty-five dollars ($25.) plus five cents ($0.05) for each square foot over one thousand (1,000) square feet. (c) Accessory buildings, fifteen dollars ($15.). (3) Farm buildings, fifteen dollars ($15.). (4) All other structures, fifteen dollars ($15.). - 10069 10-25-76 § 100-141 SOUTHOLD CODE § 100-143 (5) Signs. The fee for all signs, except signs permitted by § 100-30C(6)(a), shall be twenty-five cents ($0.25) for each square foot of sign area, with a minimum fee of two dollars ($2.). [Amended 7-31-73] § 100-142. 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 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 specification. 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. § 100-143. Stop orders. [Amended 8-26-76 by L.L. No. 3-19761 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 in conformity with the provisions of an ap- plication, 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 or the person performing the work, to suspend all work, and any such persons shall forthwith stop such work and 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 10070 10-25-76 • § 100-143 ZONING § 100-144 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. • § 100-144. 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, to wit: (1) Occupancy and use of a building erected, recon- structed, 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 or special % permit by the Board of Appeals, or for any land. or use requiring a site plan approval by the Planning Board, unless , and until such special exception or special permit use 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. [Amended 7-31-73] C. Application for a certificate of occupancy 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 properly completed application, 10071 10-25-76 § 100-144 SOUTHOLD CODE § 100-145 provided that the application states that all requirements of all other applicable codes or ordinances in effect are complied with. D. If the proposed use is in conformity with the provisions of this chapter and all other applicable codes and ordinances, a certificate of occupancy for the use of vacant land or for a change of use or a nonconforming use shall be issued by the Building Inspector within ten (10) days after receipt of a properly completed application. If a. certificate of oc- ,,cupancy is denied, the Building Inspector shall state the reasons therefor in writing to the applicant. E. Every application for a certificate of occupancy or a temporary certificate of occupancy shall be accompanied by a fee of five dollars ($5.). Copies of such certificate will be issued upon payment of one dollar ($1.) per copy. F. A certificate of occupancy shall be deemed to authorize and is required for both initial occupancy and use of the building or land to which it applies. G. `Upon written request and upon payment of a fee of five dollars ($5.), the Building Inspector shall, after inspection, issue a certificate of occupancy for any building or use thereof or of land existing at the time of the adoption of this chapter, certifying such use and whether or not the same and 'the building conform to the provisions of this chapter. H. A record of all certificates, of occupancy shall be kept in the office of the Building Inspector, and copies shall be fur- nished on request to. any agency of the town or to any persons having an interest in the building or land affected. § 100-145. Penalties for offenses. [Amended 7-31-731 For every offense against any of the provisions of this chapter or any regulations made pursuant thereto, or.failure to comply with a written notice or order of the Building Inspector within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who 10072 10-25-76 U E ,.C"4 .. SOUTHOLD SUPPLEMENTAL INDEX —D— DEFINITIONS Taxpayer, 77-201 DOGS; fees, 38.7 FEES Dogs, 38-7 —F— —S— SHELLFISH Dredges and scrapes, 77-211.1 Purpose, 77-200.1 —T— TAXPAYER defined, 77-201 SI -1 9-25-82