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Home My WebLink About1978 Code Supplement - 07/25/1978GENERAL CODE PUBLISHERS CORP. INSTRUCTIONS Town of Southold Code Supplement No. 13 The enclosed new and/or replacement pages should be placed in c 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. a The page numbers should always correspond with this list. REMOVE INSERT Table of Contents, vii - xi Table of Contents, vii - xi 4301-4303 _= 4401-4409 7301-7307 8801-8802 8801 - 8802 — t 8802.1 8807-8808 8807-8810 10011-10012 10011- 10012 10012.1 10037 - 10038 10037 - 10038 10038.1 - 10038.2 Legislation, by number or date of adoption, included in this supplement: L.L. Nos. 1-1978; 2-1978; 3-1978; 4-1978; 3-14-78. 7-26.78 s � I TABLE OF CONTENTS PART I ADMINISTRATIVE LEGISLATION vii 9.25-77 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. 1-19711 Article II Number [L.L. No. 2-19711 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. 2-1975] ....... 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. 2-19641 .............. 1801 • 19. .................................... (Reserved)1901 20. .................................... (Reserved)2001 21. .................................... (Reserved)2101 22. (Reserved) .................................... 2201 23. .................................... (Reserved)2301 vii 9.25-77 t. 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 and Games of Chance ...................... 3001 Article I Bingo Article II Games of Chance [L.L. No. 1-1877] 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. Building Construction .......................... 3401 35. (Reserved) .................................... 3501 36. Burning, Outdoor .............................. 3601 37. (Reserved) .................................... 3701 38. Dogs [L.L. No. 1-1976] .......................... 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 9-25-77 r TABLE .OF .CONTENTS CHAPTER I PAGE .47. (Reserved) .................................... 4701 48: Garbage, Rubbish and Refuse .................. .... 4801 49. Highway Defects, Notice of [L.L. No. 3-19771 _ ..:.... 4901 50. Home Improvement Contractors [L.L. No. 4-19751 5001 51: (Reserved) .................................... 5101 52. Housing [L.L. No. 1-19671 ....................... 5201 .53. (Reserved) ..................................... 5301 54. "Junkyards ................................:.:. 5401 55: (Reserved) .................................... 5501 56. (Reserved) .................................... 5601 57. Littering [L.L. No. 2.19731 ........................ 5701 58. (Reserved) ................................ :.:. : .. 5801 59. (Reserved) ..................................... 5901 60. (Reserved) ............................... ...... 6001 61. (Reserved) .. 6101 62. (Reserved) ..............................:....: 6201 63. (Reserved)..........I.......................... 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 .................................... ix M 9-25-77 t 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 p 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 Article I Senior Citizen Exemption Article II Business Investment Exemption [L.L. No. 2-1977] 86. (Reserved) .................................... 8601 87. (Reserved) ..................................... 8701 88. Tourist and Trailer Camps ........................ 8801 89. (Reserved) ..................................... 8901 a 90. (Reserved) .................................... 9001 91. (Reserved) .................................... 9101 92. Vehicles and Traffic ............................. 9201 93. (Reserved) .........................'............. 9301 94. (Reserved) ..................................... 9401 95. (Reserved) .................................... 9501 X 9-25-77 0 • t TOURIST AND TRAILER CAMPS Chapter 88 TOURIST AND TRAILER CAMPS § 88-1. Definitions. • § 88-2. Permit required. § 88-3. Application; site plan. § 88-4. Fees; public hearing. § 88-5. Site requirements. § 88-6. Water supply. § 88-7. Garbage collection; sewer system. . § 88-8. Minimum unit dimensions. § '88=9. Distance .between cottages and other buildings or trailers. § 88-10. Distance from property lines and roadways. § 88-11. Roadways and driveways. § 88-12. Management. § 88-13. Records. § 88-14. Duties of owner. § 88-15. Entrances and exits; trespass on adjoining property. § 88-16. Screening by plantings. § 88-17. Other ordinances and regulations. § 88-18. Nonapplicability. § 88-19. Penalties for offenses. [HISTORY: Adopted by the Town Board of the Town of Southold 6-30-53. Section 88-19 amended during codification; see Ch. 1, General Provisions, Article II. Other amendments noted where applicable.] ::1 § 88-1 SOUTHOLD CODE § 88-2 GENERAL REFERENCES Housing — See Ch. 52. Zoning — See Ch. 100. § 88-1. Definitions. For the purposes of this chapter, the terms used herein are defined as follows: AUTOMOBILE TRAILER or HOUSE CAR — Any vehicle used as sleeping or living quarters which is or may be mounted on wheels and is or may be propelled either by its own power or by another power -driven vehicle to which it may be attached. BOARD OR DEPARTMENT OF PUBLIC HEALTH — Any such board or department established pursuant to the laws of the State of New York and entrusted with the regulation, control and supervision of matters pertaining to and affecting the public health in the Town of Southold. [Amended 9-24-581 CAMP COTTAGE — Any small building, of whatever material constructed, having not less than one hundred (100) nor more than four hundred fifty (450) square feet of enclosed floor area and used as living or sleeping quarters and constructed and equipped only for seasonal occupancy. [Amended 11-9-711 TOURIST CAMP — Any lot, piece or parcel of ground where two (2) or more tents, tent houses, camp cottages, house cars or trailers used as living or sleeping quarters are or may be located, said camp being operated for or not for compensation. UNIT — Any section or plot of ground upon which is erected any tent, tent house or camp cottage and/or for the accommodation of each automobile trailer or house car. § 88-2. Permit required. [Amended 9-24-581 It shall be unlawful for any person or persons, firm, association, corporation or copartnership to establish, maintain or operate ::1 § 88-15 TOURIST AND TRAILER CAMPS § 88-19 established by complaint of adjoining property owners that their property is being trespassed upon by inmates of any tourist camp, it shall be the duty of the owners, manager or other person responsible to provide a fence or other effective barrier to ensure to such owners of adjoining property protection against trespassing. § 88-16. Screening by plantings. [Amended 11-9-71] On every tourist camp or trailer camp, a suitable planting of shrubbery will be required to screen the trailer camp from public land and public highways and other areas as may be required. The planting shall be of such type and variety and so located as shall be approved by the Town Board. § 88-17. Other ordinances and regulations. The provisions of this chapter shall be in addition to and supplementary to the provisions of all other ordinances of the Town of Southold, and where there is any conflict between the provisions of this chapter and any other ordinance, then the or- dinance providing the stricter regulation shall prevail. § 88-18. Nonapplicability. [Amended 4-14-581 This chapter shall not apply to any territory included within the Incorporated Village of Greenport. ® § 88-19. Penalties for offenses. A. 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 dollars ( $250.) or by imprisonment for a term not exceeding fifteen (15) days, or by both such fine and im- prisonment. The continuation of an offense against the :R § 88-19 SOUTHOLD CODE § 88-19 provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder. B. In addition to the above -provided penalties, the Town Board may also maintain an action or proceeding in the name of the town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter. § 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 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 ' Editor's Note: See also Ch. 84, Junkyards. r` y 10011 12-25-76 § 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 thaii•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. 01 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 — Abuilding 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. 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.. anal communal. water supply systems approved by public agencies having jurisdiction thereof. [Amended 10-26-76. by L.L. No. 5-19761 10012 12-25-76 i § 100-70 ZONING § 100-70 provided, subject to site plan approval by the Planning Board in accordance with Article XIII hereof: (1) [Amended 10-26-76 by L.L. No. 5-19761 Any special exception use set forth in, and as regulated by, the following provisions of this chapter: (a) Subsection B(2) to (13), inclusive, of § 100-30. (b) Subsection B(2), (4) and (5) of § 100-50. (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 servicing 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 from any 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. (f) No motor vehicle sales, used car lots, gasoline service or repair shops or similar businesses are to 10037 12-25-76 § 100-70. SOUTHOLD CODE § 100-80: be located within three, hundred (300) feet of a church, public school, library, hospital, or- phanage or a rest home. [Amended' 5-30-75 by L.L. No. 3-19751 (5) Cabinet shops, carpentershops, 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. 5-1976] (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 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 AM and (3) of § 100-30. 10038 12-25-76 9