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HomeMy WebLinkAbout1975 Code Supplement - 07/25/1975• • TABLE OF CONTENTS ; PART I vii 7-25-75 ADMINISTRATIVE LEGISLATION CHAPTER PAGE,' 1'. General Provisions ............................. 101 Article I Adoption of Code [L.L. No. 4-1973] Article II Legislation Enacted During Codification 2. (Reserved) .................................... 201 ,3. (Reserved) .................................... 301 4. Assessors ..................................... 401 Article I Election [L.L. No. 1-1971] Article II Number [L.L. No. 2-19711 5. (Reserved) .................................... 501 6. (Reserved) .................................... 601 7. (Reserved) .................................... 7011, 8. (Reserved) .................................... 801 9. (Reserved) .................................... 901 10. Ethics, Code of ................................ 1001 11. Expenses of Town Officers [L.L. No. 2.1975] ....... 1101 12. .................................... (Reserved)1201 13. ........................ (Reserved)........................... I ......... 1301 14.' Local Laws, Adoption of [L.L. No. 1-1964] ......... 1401 15. (Reserved) .................................... 1501 16. .................................... (Reserved)1601 17. .................................... (Reserved)1701 18. Police Department [L.L. No. 2-19641 .............. 1801 19. (Reserved) .................................... 1901 120. (Reserved) ..................................... 2001 21. .................................... (Reserved)2101 22. .................................... (Reserved)2201 23. ........................ (Reserved)............ 2301 vii 7-25-75 1 SOUTHOLD CODE PART II GENERAL LEGISLATION CHAPTER :PAGE 24. (Reserved) .................................... 2401 25. (Reserved) .................................... 2501 26. (Reserved) .................................... 2601 • 27. (Reserved) .................................... 2701 28. Bicycles ...................................... 2801 29. (Reserved) .................................... 2901 30. Bingo ........................................ 3001 31. (Reserved) .................................... 3101 32. Boats, Docks and Wharves ...................... 3201 Article I Obstruction and Use of Town Waters Article II Public Docks Artiole III Boats 33. (Reserved) .................................... 3301 34. (Reserved) .................................... 3401. 35. (Reserved) .................................... 3501 36. Burning, Outdoor .............................. 3601 37. (Reserved) .................................... 3701 38. (Reserved) .................................... 3801 39. (Reserved) .................................... 3901 40. (Reserved) .................................... 4001 41. Ducks ........................................ 4101 42. (Reserved) .................................... 4201 • 43. (Reserved) .................................... 4301 44. (Reserved) .................................... 4401 45. (Reserved) .................................... 4501 46. (Reserved) .................................... 4601 viii 7-25-75 GENERAL CODE PUBLISHERS CORP. INSTRUCTIONS Town of Southold Code Supplement No. 8 • 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 adop- tion date of the Code changes. u The page numbers should always correspond with this list. REMOVE INSERT Table of Contents, vii -viii Table of Contents, vii -viii 3401 3801-3803 Legislation, by number or date of adoption, included in this supplement: L.L. No. 1-1976; 6-8-76. 7-26-76 GENERAL CODE PUBLISHERS CORP. INSTRUCTIONS Town of Southold Code Supplement No. 6 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, vii - x Table of Contents, vii - x 1101 1101 5001-5012 10001-10004 10001-10004 10019 -10020 10019 - 10020 _ 10025 -10026 10025 - 10026 Do not remove pages 10027 - 10028 10029 -10038 10029 -10038 10038.1 10057-10058 10057-10058 10058.1-10058.2 10067-10068 10067-10068 10073 -10074 10073 - 10075 Bulk and Parking Bulk and Parking Schedule Schedule U Legislation, by number or date of adoption, included in this supplement: L.L. No. 2-1975; L.L. No. 3-1975; L.L. No. 4-1975. - 7-25-75 TABLE OF CONTENTS PART I ADMINISTRATIVE LEGISLATION CHAPTER PAGE 1. General Provisions ............................. 101 Article I Adoption of Code [L.L. No. 4-1973] Article 1I Legislation Enacted During Codification • 2. (Reserved) .................................... 201 3.. (Reserved) .................................... 301 4. Assessors ..................................... 401 Article I Election [L.L. No. 1-1971] Article II Number [L.L. No. 2-1971] 5. (Reserved) ..................................... 501 6. (Reserved) .................................... 601 7. (Reserved) ..................................... 701 8. (Reserved) .................................... 801 9. (Reserved) .................................... 901 10. Ethics, Code of ................................ 1001 11. Expenses of Town Officers [L.L. No. 3-19751 ....... 1101 12. (Reserved) .................................... 1201 13. (Reserved) .................................... 1301 14: Local Laws, Adoption of [L.L. No. 1-1964] ......... 1401 15. (Reserved) .................................... 1501 16. (Reserved) .................................... 1601 17. (Reserved) .................................... 1701 18. Police Department [L.L. No. 2-1964] .............. 1801 • 19. (Reserved) .................................... 1901. 20. (Reserved) .................................... 2001 21. (Reserved) .................................... 2101 22. (Reserved) .................................... 2201 23. (Reserved) .................................... 2301 vii 6-25-75 SOUTHOLD CODE PART II GENERAL LEGISLATION CHAPTER PAGE 24. (Reserved) ..................................... 2401 25. (Reserved)..........:......I.................. 2501 26. .................................... (Reserved)2601 • 27. .................................... (Reserved)2701 28. Bicycles ...................................... 2801 29. ................................. (Reserved)..... 2901 30. Bingo ........................................ 3001 31. (Reserved) .............................:...... 3101 32. Boats, Docks and Wharves ...................... 3201 Article I Obstruction and Use of Town Waters - Article II Public Docks Article III Boats 33. (Reserved) 3301 34. (Reserved) .........:.......................... 3401 35. .................................... (Reserved)3501 36. Burning, Outdoor .............................. 3601 37. (Reserved) ..... :.............................. 3701 38. (Reserved) .................................... 3801 39. (Reserved) .................................... 3901 40. .................................... (Reserved). 4001 41. Ducks ......................................... .4101 42. (Reserved) ..................................... 4201 • 43. .................................... (Reserved)4301 44. .................................... (Reserved). 4401 45. (Reserved) ..................................... 4501 46. .................................... (Reserved)4601 viii 6-25-75 t TABLE OF CONTENTS CHAPTER PAGE 47. (Reserved) .................................... 4701 48. Garbage, Rubbish'and Refuse .................... 4801 49. .................................... (Reserved)4901 50. (Reserved) ..................... :................. 5001 51. (Reserved) ............*......................... 5101 52. Housing [Local Law No. 1-1967] .................. 5201 53. (Reserved) ...............• ..................... 5301 54. Junkyards .................................... 5401 55. (Reserved) ..................................... 5501 56. (Reserved) ..................................... 5601 57. Littering [Local Law No. 2-1973] ................. 5701 58. (Reserved) .................................... 5801 59. (Reserved) .................................... 5901 60. (Reserved) ..................................... 6001 61. (Reserved) .................................... 6101 62. (Reserved) ..................................... 6201 63. (Reserved) .................................... 6301 64. (Reserved) .................................... 6401 65. Parking at Beaches .............. ................ 6501 66. (Reserved) .................................... 6601 67. Peace and Good Order .......................... 6701 . 68. .................................... (Reserved)6801 69. Peddling and Soliciting .......................... 6901 Article I Licensing and Regulation [Local Law No. 3-1973] Article II Entrance onto Private Property 70. (Reserved) .................................... 7001 1X 11-25-73 SOUTHOLD CODE CHAPTER PAGE 71. .................................... (Reserved)7101 72. .................................... (Reserved)7201 73. (Reserved) .................................... 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 82. (Reserved) .................................... 8201 83. (Reserved) ..................................... 8301 84. (Reserved) .................................... 8401 85. Taxation ....................................... 8501 86. (Reserved) .................................... 8601 87. (Reserved) .................................... 8701 88. Tourist and Trailer Camps ........................ 8801 89. (Reserved) .................................... 8901 90. (Reserved) .................................... 9001 • 91. (Reserved) .................................... 9101 92. Vehicles and Traffic ............................ 9201 93. (Reserved) ..................:................... 9301 94. (Reserved) .................................... 9401 95. (Reserved) .................................... 9501 X 11-25-73 ZONING Chapter 100 ZONING • ARTICLE I General Provisions § 100-10.'- Purposes. § 100-11. Conflicts. § 100-12. Exceptions. § 100=13. Definitions. ARTICLE- II - Districts 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. buildings. § 100-32. Accessory § 100-33. - Established- front yard setback. § 100-34. Corner lots. § 100-35. Fences, walls and hedges. § 100-36. Substandard lots. 10001 SOUTHOLD CODE ARTICLE IV M Light Multiple -Residence District § 100-40. Use, regulations. § 100-41. Bulk, area and parking requirements. 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. ARTICLE VI B Light Business District § 100260. 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 N -• 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. i• ARTICLE X Tourist Camps, Camp Cottages and Trailers § 100-100. Permits required. _ § 100-101. Automobile trailers -or house cars. § 100-102. Exemptions. 10003 ARTICLE XI General Regulations § 100-110. Signs. § 100-111. Continuation of existing signs. § 1007112. 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 SOUTHOLD CODE § 100-123. Rules of conduct and procedure. § 100-124. Fees. ARTICLE XIII Site Plan Approval § 100-130. General requirement. 100-131. Objectives. § Administrative and enforcing officer. § 100-132. Effect of approval. § 100-133. Procedure. § 100.134. Site development plan elements. § 100-135. Fees. § 100-136. Cluster development. ARTICLE XV Amendments § 100-150. Procedures. § 100-151. Fees.. • Bulk and Parking Schedule [HISTORY: Adopted by the Town Board of the Town of Southold 4-9-57; amended in its entirety 4-3-53 and 11-23-71. Sections 100-13, 100-20G, 100-30B(7)(a), 100-30B(9)(a), 100-30C, 10004 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 [HISTORY: Adopted by the Town Board of the Town of Southold 4-9-57; amended in its entirety 4-3-53 and 11-23-71. Sections 100-13, 100-20G, 100-30B(7)(a), 100-30B(9)(a), 100-30C, 10004 § 100-30 ZONING: §.100-30 __.(1) One-family detached dwellings, not to exceed one (1) - , dwelling- on each lot. (2► The following coriimercial 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 anylot. line: la).-, 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 [11 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 § 100730C(6)(b)• (b) The keeping, breeding.4nd;raising ofJowl, except ducks," and large domestic animals on lots of ten • (10) acres or more. (c) . The keeping of-horses and ponies .owned and used by the.owner.of .the premises for his personal use, provided that the land area devoted to such use shall.noCbe less than forty thousand (40,000) square feet. 6 Editor's Note: For provisions regarding the raisingof ducks, see Ch. 41, Ducks. 10019 § 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 r�; i --i § 100-30 SOUTHOLD CODE § 100-30 (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 • § 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 preven€ 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, Ahat 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 by,.the owner or occupant of the premises on.'which such boat - or trailer isstored,. 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.ar_ea 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 thatjsuch. shall.;not be housed within - fifty (50) 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- 29-731 10025 § 100-80 SOUTHOLD CODE § 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.). (8) Food processing and packaging plants. (9) Marinas for the docking and mooring of all types of boats.7 a (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) Any special exception use set forth in, and as regulated by, §§ 100-30B, 100-4013, 100-5013, 100-60B and 100-70B of this chapter. 14 Editor's Note: See also Ch. 32, Boats, Docks and wharves. 10038 § 100-70 ZONING § 100-80 (f) No motor- vehicle sales,,. used car lots, gasoline service or repair -shops or similar businesses are to be located within three hundred ( 300) feet of a church; public school, library, hospital, or- phanage or a rest, home nor within three hundred (300) -'feet of any residence district. • C. Accessory uses. ' (1) Any accessory use set_ forth ;in, and as regulated by, §§ 100-30C; 100-40C, 100-50C and 100-60C of this chapter. _ (2) Accessory, uses on- the same lot with and customarily incidental to any permitted use - and not involving a separate business. - - § 100-71. 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 bo used, and no building or part of a building shall be erected or --altered which is • arranged, intended or designed_ to be used, -in whole_ or in part, for any purpose except -the following:__ A. Permitted uses. (1) Any permitted use set forth in, and as regulated by, §§ 100-30A, 100 -40.A, -100 -50A, -100-60A, 100-62 and 100-70A of this chapter. I 10037 § 100-70 SOUTHOLD_ CODE §. 100=70 (' 1) ' Any permitted use set forthin; and: as regulated by, §§' 100=30A, '100-40A, 100 -50A,.100 -60A and .100-62 of this chapter. -- Uses permitted by special exception by `'the $oard of 'Appeals. ' The, following' uses are, permitted as �-a special exception by the Board of Appeals, 'as hereinafter provided, subject to site plan approval. by the Planning • Board in accordance with Article ' XIII hereof: (1) Any special exception use set forth in, and as regulated by, §§ 100-30B and 100-50B. (2) ',Places- of amusement.. (3) Fishing stations. (4) Public garages, gasoline service stations and new and used car lots, . all subject to the following requirements: (a) .Entrance and exit driveways shall have an _.unrestricted width, of not less. than twelve (12) feet and not more than thirty (30) feet and shall be located not less than ten (10) feet from any property line, and shall be so laid out as to avoid the necessity of any vehicle backing out .across any public right-of-way. (b) Vehicle lifts or pits, dismantled automobiles and all parts or supplies shall be -located within a building. _ (c) All service or repair of motor vehicles, other than such minor serv'ic'ing as change of tires or sale -of gasoline- or oil, • shall be `conducted in a building. (d) The storage of gasoline, or flammable oils. in bulk • shall be located fully underground and not less'' than thirty-five >(35) feet fromany property . line other • than the street line. - (e) No gasoline or fuel pumps or tanks shall be located less than fifteen (15) feet from any street or property line. 10036 § "100-62 . " .ZONING .. , , § 100-70 partly built up with .permanent buildings and an average setback line' has,- been established,-, no buildings 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. The required rear yard, shall be' not:aess 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, foraeach one hundred (100) square feet of sales floor area or office floor area in each building. [Amended 5-29-731 H. `All rainfall and stormw5ater" accumulated ori 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'. hot- exceed ten thousand (10,000) square feet. § 100-63.' Uses confined to enclosed buildings. All uses permitted in a B District, including the display and sale of� iiierchandi'se"and" the .storage of all property, 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. 10035 § 100-60 SOUTHOLD .CODE §, 100-62 or incorporated, in, a roof, which sign shall ad- vertise only : the . business conducted in the building upon which it is attached, and provided that such sign does not: [1] 'Exceed two (2) square feet in total area for each lineal foot of such roof. ---, [2] Extend above the highest point of the roof in the case of a pitched roof; "and in all other cases,. exceed Iwo (2) feet six -(6) inches in height above the highest point of the roof. [3 ] ' Project beyond the ' edge of the roof.' § 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. Notwithstandirig`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 .10034 • C� § 100-60 ZONING § -100=60 (1) 'Any 'special exception ° use set forth in, and as regulated -by, §§ 10030B, 100-40B and 100-50B of this - chapter. C. Accessory uses._ (1) Any accessory use set forth in, and. as regulated by, §§ 100-30C, 100-40C and 100-50C of this chapter. • (2) Accessory uses on the same lot with and customarily incidentaLto any per use and not involving a separate business.. (3) Signs;; subject to the following. requirements: (a) Detached or ground signs. One (1) sign, single- or double-faced,_ not more than six (6) feet six. (6) inches in height and twelve (12) feet six (6) inches in width, the lower, edge of which shall be not less than four (4) feet above the ground -and the upper edge of which shall not extend more than fifteen (15) -feet six. (6) inches above .the ground, which sign. -shall be set back not less . than five (5) feet from all street and property lines and- shall ad- vertise. only the business conducted -on the premises. (b) :Wall- signs. One (.1) sign attached , to or „in- corporated in,each building�wall on a public street and advertising, only the business conducted in such building, provided ;that such sign.. does not: [1] Exceed two (2) square feet in total area for' each horizontal foot of such wall:_ [2] Exceed in width one hundred percent (100%) of the horizontal measurement of ' such wall. • [3]- Exceed ten (10)' feet in height. [4] Project more, than;; one (1) foot from such ". wall. (c) Roof signs. In lieu of a wall sign authorized by the -preceding Subsection (b); a roof sign shall be permitted, provided that the same is attached to 10033. § 100-52 SOUTHOLD CODE § 100--60- 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.. 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), Any permitted use set forth 'in, and. as regulated by, §§- .100-30A, 100-40A and 100-50A .. of this chapter. (2) Business, professional and governmental offices. (3 ) Banks , and financial institutions. (4) Retail stores. (5) Restaurants. (6) Bake shops (for. -on -premises .sale at retail). (7) Laundromats and similar establishments. (8) Personal service stores and shops. (9) Marinas for the docking, mooring and accommodation of noncommercial boats, including the sale of'fuel and oil primarily for the use of boat's accommodated in such marina. 13 • B. Uses permitted by special exception -by the Board of Appeals. The following uses are .permitted as a special exception by the Board -.of Appeals, as hereinafter provided, subject to site plan approval -by the Planning Board in accordance with Article XIII by 13 Editor's Note: see also Ch. 32, Boats, Docks and wharves. 10032 § 100-50 ZONING § 100-52 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) ereof:(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 df noncommercial -boats." (3) , Multiple dwellings. (4) Hotels and motels. (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 building 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. § 100-52. Building "length and separation. 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. - 11 Editor's Note: See also Ch. 32; Boats, Docks and Wharves. 12 Editor's Note: See also Ch. SS, Tourist and Trailer Camps; 10.031 § 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) 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 - elementary 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 regulation's were set forth herein in full. ARTICLE V M-1 General Multiple -Residence- District § 100-60. 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 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 10030 § 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 (25%), 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. Permitted uses. (1) Any permitted use 'set forth in, and as regulated by, § 100-30A of this chapter. (2) Multiple dwellings designed for and occupied by not more than four (4) families. (3) Boarding 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 §- 100-131 SOUTHOLD, CODE § 100-133 B. Circulation.and parking. That adequate- off-street parking, an& loading. spaces, are: provided, to prevent, the parking. in public. streets, of vehicles, of any persons, connected with or visiting, the use, and that, the: interior circulation. system, is adequate- to. provide, safe, accessibility to, all required, off= street parking, lots. G. Landscaping; and screening. That, all, playground,, parking., and service, areas. are reasonably screened, at all, seasons of' the year from the. view of adjacent, residentiall lots and streets, and that the, general landscaping of the site- is, in character with that, generally prevailing, in the neigh- borhood. Existing trees, oven eight (8) inches in diameter measured three (3) feet,above:the base. of the trunk shall be, retained to, the maximum. extent: possible. §- 100-132. Effect of approvah A. No building: permit, shallt be issued for any structure covered by this, Article: until, an approved site development plan or approved amendment of any such plan has. been secured by the applicant, from. the Planning Board' and presented to� the, Building. Inspector. B. No certificate -of occupancy will be. issued for any structure or use of land covered, by this Article unless the structure is completed' or the. landL is; developed or used in accordance with an approved site. development plan or approved amendment, of any such plan. C. Should any siteplan approval involve any matter requiring referral to, the. Suffolk. County Planning Commission, then the, matter shall be, referred, prior to final action by the Planning, Board,, to the Suffolk County Planning Com- mission in: accordance with the applicable provisions, of is law. § 100=133. Procedure. A. Presubmission conference. Prior to the submission of a site development, plan, the applicant or his agent shall meet with the Planning Board. The purpose of such conference 10058 § 100-123 ZONING' § 100-131 § .100-123. Rules of conduct and procedure. The Board of Appeals shall, consistent with the law, determine its own rules of conduct and procedure. § 100-124. Fees. ® All applications to the Board of Appeals for any relief provided for herein shall be accompanied by 'a fee of fifteen dollars ($15.). ARTICLE XIII Site Plan Approval . § 100-130. General requirement. In all cases where this chapter requires approval of site development plans by the Planning Board, no building permit shall, be -issued by ,the Building Inspector except upon authorization of and in conformity with the -plans approved by the Planning Board. § 100-131. 'Objectives. In considering and acting upon site development plans, the Planning Board shall take into. consideration the public health, safety and welfare, the comfort and convenience of the public in general and the residents of the immediate neighborhood in particular, and may prescribe appropriate conditions and safeguards as may be required in order that the result of its action may, to the maximum extent possible, further the expressed intent of this chapter and the accomplishment of the following objectives in particular: A. Traffic access. That all proposed traffic access and ways are adequate but not excessive in number; adequate in width, grade, alignment and visibility; not located too near street corners or other places of public assembly; and other similar safety considerations. 10057 § 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 Section 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 for construction costing less • than one thousand dollars ($1,000.), or has not been completed within thirty (30) months from such date for construction costing in excess of such amount. If no zoning regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an additional six (6) months. Thereafter,- a new permit shall be required. 11.: § 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 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, and 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 r� U § 100=145 ZONING § .100-150 commits, takes part or assists in the commission of any such offense or who shall fail to comply with. a written order or notice of the Building Inspector shall, upon convictionthereof, be guilty of a violation punishable by a fine not exceeding fifty dollars ($50.) or imprisonment for a period not to exceed six (6) months, or both. Each week's continued offense shall constitute, a. separate, .ad= ditional- violation. § 100-146. Remedies. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used, in violation of this chapter or of any regulations made pursuant thereto, in addition to other remedies provided by law, any appropriate action or proceeding, whether by legal process or otherwise, may be instituted or taken to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, or to restrain, correct or abate such violation, or to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises. - ARTICLE XV Amendments § 100-150. Procedures. The Town Board, upon its own motion or by petition, may, from time to time, amend, supplement,_ change, modify or repeal this chapter, including the Zoning Map, by proceeding in the following manner: _ A. The Town Board, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed amendment and cause notice thereof to be given -pursuant to the provisions of the Town Law. B. The Town Board, before advertising for a public hearing, shall, in a written request, instruct the Town Planning - 10073 § 100-150 SOUTHOLD CODE § 100-151 Board to prepare an official report defining the conditions described in a petition and to determine the area so af- fected, with its recommendations. § 100-151. .Fees. Every petition for a change or amendment to this chapter or the Zoning Map shall be filed with the Town Clerk and shall be ac- companied by a fee of one hundred dollars ($100.). • 10074 Minimum Requirements Total lot area (sq. ft.) Lot width (ft.) Lot depth (ft.) Front yard (ft.) One side yard (ft.) Both side yards (ft.) Rear yard (ft.) Livable floor area (sq. ft.) per dwelling unit Off-street parking spaces per dwelling unit BULK AND PARKING SCHEDULE A Residence Districtl Single- Two - Family Family Dwelling Dwelling 40,000 80,000 1502 270 175 250 50 50 15 25 35 45 50 150 850 850 2 3 Multiple -Residence Districts M M-1 Light General 40,000 80,000 135 200 50 50 15 20 35 45 50 50 See Arti- See Arti- cle IV cle V See Arti- See Arti- cle IV cle V Business Districts Industrial Districts B B-1 C C-1 Light General Light General 20,000 30,000 40,000 200,000 60 150 200 300 35 35 200 150 25 30 50 50 60 100 25 35 50 100 See Arti- See Arti- See Arti- See Arti- cle VI cle VII cle VIII cle IX Maximum Permitted Lot coverage (percent) 20 20 25 25 See Arti-, See Arti- See Arti- See Arti- cle VI cle VII cle VIII cle IX Building height: Number of stories 2% 2% 21y 21h 2 2 2 2 Feet 35 35 35 35 30 35 35 35 1 Editor's Note: The original schedule contained separate provisions for lots with public water and sewer facilities and lots without public water and sewer facilities in A Residence Districts. The columns containing provisions applicable to lots with public water and sewer facilities were deleted 5.29.73, thus making the provisions appearing below applicable to all lots in A Residence Districts without regard to whether or not they were served with public water and sewer facilities. 2 [Amended 5.29-73] § 11-1 EXPENSES OF TOWN OFFICERS § 11-1 Chapter 11 EXPENSES OF TOWN OFFICERS § 11-1. Compensation for expense of attendance at official meetings. [HISTORY: Adopted by the Town Board of the Town of Southold 4-22-75 as Local Law No. 3-1975. Amendments noted where applicable.] § 11-1. Compensation for expense of attendance at official meetings. All actual and necessary expenses of travel, meals and lodging of a member of the Town Board, Planning Board and Board of Appeals, who resides at Fishers Island, in the Town of Southhold, incurred in connection with the attendance of such member at official meetings of said boards at a place in the town other than at Fishers Island, shall be a charge against the Town of Southold; and the amount of such expenses shall be audited, allowed and paid in the same manner as other claims against the Town of Southold. E 1101 6-26-76 s�