HomeMy WebLinkAbout2000 Code Supplement - 05/15/2000§ 100-13 ZONING § 100-13
AUTO REPAIR SHOP — A commercial use involving the
adjustment, painting, replacement of parts or other
repair or restoration of motor vehicles. [Added
4-28-1997 by L.L. No. 6-19971
BASEMENT — A story of a building, partly below the
finished grade level, which has more than 1/2 of its
height, measured from floor to ceiling, above the average
established curb level or finished grade of the land
immediately adjacent to the building.
BED -AND -BREAKFAST — The renting of not more than
five rooms in an owner -occupied dwelling for lodging and
serving of breakfast to not more than 10 casual and
transient roomers, provided that the renting of such
rooms for such purpose is clearly incidental and
subordinate to the principal use of the dwelling.
[Amended 3-28-2000 by L.L. No. 7-20001
BERM — A structure composed primarily of earth
intended for privacy, security, enclosure, visual
screening or noise abatement.
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.
BLOCK — An area bounded by one or more streets or a
municipal boundary and of sufficient size to
7 accommodate a lot or lots of minimum size required by
this chapter.
BOARDING- AND TOURIST HOUSES — A building,
other than a hotel, where lodging, with or without meals,
for five or more persons is furnished for compensation.
■ BOARD OF APPEALS — The Zoning Board of Appeals
7 of the Town of Southold.
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§ 100-13 SOUTHOLD CODE § 100-13
BREEZEWAY — Open construction with a roof
projecting from the outside wall of a building, not to
exceed dimensions of 8 feet by 10 feet, connecting the
main building and a garage. Other types of attachments
which extend more than 10 feet, or exceed 80 square feet
in area, shall not attach a main building to a separate
building unless such attachment meets the requirements
of livable floor area. [Added 5-31-1994 by L.L. No.
10-1994]
BUILDABLE AREA — The area of a lot remaining after
the minimum yard and open space requirements of this
chapter have been met.
BUILDABLE LAND — The net area of a lot or parcel
after deducting wetlands, streams, ponds, slopes over
15%, underwater land, easements or other restrictions
preventing use of such land for construction of buildings
or development.
BUILDING — A structure wholly or partially enclosed
within exterior walls, or within exterior and party walls,
and a roof, affording shelter to persons, animals or
property. [Amended 11-12-1997 by L.L. No. 26-1997;
12-8-1998 by L.L. No. 27-19981
BUILDING AREA — The aggregate of the maximum
horizontal cross section of the buildings on a lot,
measured between the exterior faces of walls.
(1) The term "building area" shall include the following:
(a) Balconies.
(b) Terraces, patios, decks and other structures
above the finished grade.
(c) Swimming pools, tennis courts and other
similar structures.
(2) The term "building area" shall exclude the following-
10016
ollowing
10016 5-15-2000
§ 100-13 ZONING § 100-13
—1 (a) Cornices, eaves, gutters, chimneys and
fireplaces, projecting not more than 28 inches
-A from exterior walls.
7 (ConVd on page 10017)
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10016.1 5-15-2000
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§ 100-13 ZONING § 100-13
or occupied as living and sleeping quarters for seasonal
occupancy.
TOWN BOARD — The Town Board of the Town of
Southold.
TOWNHOUSE — A dwelling unit in a building
containing at least three connected dwelling units
divided by common vertical party walls with private
entrances to each dwelling. A townhouse may include
dwelling units owned in fee simple or in condominium or
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cooperative ownership or any combination thereof.
TRAILER OR MOBILE HOME — Any vehicle mounted
on wheels, movable either by its own power or by being
drawn by another vehicle and equipped to be used for
living 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 and shall include the terms "automobile trailer"
and "house car."
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
which not more than 25% is roofed for shelter purposes
only, the minimum dimension of which is 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 — The purpose for which land or a structure is
arranged, designed or intended or for which either land
or a structure is or may be used, occupied or maintained.
USE, ACCESSORY — A use customarily incidental and
subordinate to the main use on a lot, whether such
accessory use is conducted in a principal or accessory
building.
WIRELESS COMMUNICATION FACILITY — Any
unstaffed facility for the transmission and/or reception of
wireless telecommunications services or other radio
10033 5-15-2000
§ 100-13 SOUTHOLD CODE § 100-13
transmission and/or receiving service or use usually
consisting of a wireless communication facility array,
connection cables, an equipment facility and a support
structure to obtain the necessary elevation. The support
structure is either a building, telecommunication or
radio antenna or tower or other approved structure.
[Added 11-12-1997 by L.L. No. 26-1997; amended
2-2-1999 by L.L. No. 3-19991
WIRELESS COMMUNICATIONS — Any radio
transmission and/or receiving service or use, including,
but not limited to, personal wireless services as defined
in the Telecommunications Act of 1996, which includes
FCC licensed commercial telephone services, personal
communication services, specialized mobile radio,
enhanced specialized mobile radio, paging and similar
services that currently exist or that may in the future be
developed. [Added 11-12-1997 by L.L. No. 26-1997;
amended 2-2-1999 by L.L. No. 3-19991
YARD — An open space, other than a court, on the same
lot with a building which is, exclusive of trees, shrubs
and natural rock formations, unoccupied and
unobstructed from the ground upward.
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. Except, if the owner of the lot does not have the
right to use or travel over a bordering street, right-of-
way or street line, the side of the lot bordering that
particular street, right-of-way or street line shall not be
considered to be a front yard, and any accessory
structure placed in such yard shall comply with the
applicable side yard setbacks for the zoning district
within which it is located. [Amended 3-28-2000 by L.L.
No. 6-20001
10034 5-15-2000
§ 100-13 ZONING § 100-20
YARD LINE — A line drawn parallel to a street or lot
line at a distance therefrom equal to the respective yard
ARTICLE II
Districts
§ 100-20. District designations. [Amended 7-31-1973;
7-1-1986 by L.L. No. 6-1986; 1-10-1989 by L.L. No.
1-1989]
For the purpose of this chapter, the Town of Southold, outside
of the incorporated Village of Greenport, is hereby divided into
districts designated as follows:
A -C Agricultural -Conservation District (two -acre
minimum)
R-80 Residential Low -Density District (two -acre minimum)
R-40 Residential Low -Density District (one -acre minimum)
R-120 Residential Low -Density District (three -acre
minimum)
R-200 Residential Low -Density District (five -acre minimum)
R-400 Residential Low -Density District (ten -acre minimum)
10034.1 5-15-2000
dimension required by this chapter.
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YARD, REAR — An unoccupied ground area fully open
to the sky between the rear lot line and a line drawn
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parallel thereto.
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YARD, SIDE — An unoccupied ground area fully open to
the sky between any property line other than a street or
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rear lot line and a line drawn parallel thereto between
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the front and rear yards.
ZONE — A finite area of land, as designated by its
boundaries on the Zoning Map, throughout which
specific and uniform regulations govern the use of land
and/or the location, size and use of buildings.
ZONING BOARD — See "Board of Appeals."
7
ZONING MAP — The map annexed to and made part of
—�
this chapter indicating zone boundaries.
ARTICLE II
Districts
§ 100-20. District designations. [Amended 7-31-1973;
7-1-1986 by L.L. No. 6-1986; 1-10-1989 by L.L. No.
1-1989]
For the purpose of this chapter, the Town of Southold, outside
of the incorporated Village of Greenport, is hereby divided into
districts designated as follows:
A -C Agricultural -Conservation District (two -acre
minimum)
R-80 Residential Low -Density District (two -acre minimum)
R-40 Residential Low -Density District (one -acre minimum)
R-120 Residential Low -Density District (three -acre
minimum)
R-200 Residential Low -Density District (five -acre minimum)
R-400 Residential Low -Density District (ten -acre minimum)
10034.1 5-15-2000
§ 100-20 SOUTHOLD CODE § 100-21
HD Hamlet Density Residential District
AHD Affordable Housing District
RR Resort Residential District
RO Residential Office District
HB Hamlet Business District
LB Limited Business District
B General Business District
MI Marine I District
MII Marine II District
LIO Light Industrial Park/Planned Office Park District
LI Light Industrial District
§ 100-21. Zoning Map. [Amended 1-10-1989 by L.L. No.
1-1989]
The boundaries of the said districts are hereby established as
shown on the Zoning Map, dated January 10, 1989, 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.
(ConVd on page 10035)
10034.2 5-15-2000
§ 100-13 ZONING § 100-13
AUTO REPAIR SHOP — A commercial use involving the
adjustment, painting, replacement of parts or other
repair or restoration of motor vehicles. [Added
4-28-1997 by L.L. No. 6-19971
BASEMENT — A story of a building, partly below the
finished grade level, which has more than 1/2 of its
height, measured from floor to ceiling, above the average
established curb level or finished grade of the land
immediately adjacent to the building.
BED -AND -BREAKFAST — The renting of not more than
five rooms in an owner -occupied dwelling for lodging and
serving of breakfast to not more than 10 casual and
transient roomers, provided that the renting of such
rooms for such purpose is clearly incidental and
subordinate to the principal use of the dwelling.
[Amended 3-28-2000 by L.L. No. 7-20001
BERM — A structure composed primarily of earth
intended for privacy, security, enclosure, visual
screening or noise abatement.
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 effisting elsewhere
than upon the same lot where such sign is displayed or
only incidentally upon such lot.
BLOCK — An area bounded by one or more streets or a
municipal boundary and of sufficient size to
7 accommodate a lot or lots of minimum size required by
this chapter.
BOARDING- AND TOURIST HOUSES — A building,
other than a hotel, where lodging, with or without meals,
for five or more persons is furnished for compensation.
BOARD OF APPEALS — The Zoning Board of Appeals
–� of the Town of Southold.
J
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10015 5-15-2000
7
§ 100-13 SOUTHOLD CODE § 100-13
BREEZEWAY — Open construction with a roof
projecting from the outside wall of a building, not to
exceed dimensions of 8 feet by 10 feet, connecting the
main building and a garage. Other types of attachments
which extend more than 10 feet, or exceed 80 square feet
in area, shall not attach a main building to a separate
building unless such attachment meets the requirements
of livable floor area. [Added 5-31-1994 by L.L. No.
10-1994]
BUILDABLE AREA — The area of a lot remaining after
the minimum yard and open space requirements of this
chapter have been met.
BUILDABLE LAND — The net area of a lot or parcel
after deducting wetlands, streams, ponds, slopes over
15%, underwater land, easements or other restrictions
preventing use of such land for construction of buildings
or development.
BUILDING — A structure wholly or partially enclosed
within exterior walls, or within exterior and party walls,
and a roof, affording shelter to persons, animals or
property. [Amended 11-12-1997 by L.L. No. 26-1997;
12-8-1998 by L.L. No. 27-19981
BUILDING AREA — The aggregate of the maximum
horizontal cross section of the buildings on a lot,
measured between the exterior faces of walls.
(1) The term "building area" shall include the following:
(a) Balconies.
(b) Terraces, patios, decks and other structures
above the finished grade.
(c) Swimming pools, tennis courts and other
similar structures.
(2) The term "building area" shall exclude the following:
10016 5-15-2000
0-,
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§ 100-13 ZONING § 100-13
(a) Cornices, eaves, gutters, chimneys and
fireplaces, projecting not more than 28 inches
J from exterior walls.
7 (Cont'd on page 10017)
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10016.1 5-15-2000
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§ 100-13 ZONING § 100-13
or occupied as living and sleeping quarters for seasonal
occupancy.
TOWN BOARD — The Town Board of the Town of
Southold.
TOWNHOUSE — A dwelling unit in a building
containing at least three connected dwelling units
divided by common vertical party walls with private
entrances to each dwelling. A townhouse may include
dwelling units owned in fee simple or in condominium or
cooperative ownership or any combination thereof.
TRAILER OR MOBILE HOME — Any vehicle mounted
on wheels, movable either by its own power or by being
drawn by another vehicle and equipped to be used for
living 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 and shall include the terms "automobile trailer"
and "house car."
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
which not more than 25% is roofed for shelter purposes
only, the minimum dimension of which is 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 — The purpose for which land or a structure is
arranged, designed or intended or for which either land
or a structure is or may be used, occupied or maintained.
USE, ACCESSORY — A use customarily incidental and
subordinate to the main use on a lot, whether such
accessory use is conducted in a principal or accessory
building.
WIRELESS COMMUNICATION FACILITY — Any
unstaffed facility for the transmission and/or reception of
wireless telecommunications services or other radio
10033 5-15-2000
§ 100-13 SOUTHOLD CODE § 100-13
transmission and/or receiving service or use usually
consisting of a wireless communication facility array,
connection cables, an equipment facility and a support
structure to obtain the necessary elevation. The support
structure is either a building, telecommunication or
radio antenna or tower or other approved structure.
[Added 11-12-1997 by L.L. No. 26-1997; amended
2-2-1999 by L.L. No. 3-19991
WIRELESS COMMUNICATIONS — Any radio
transmission and/or receiving service or use, including,
but not limited to, personal wireless services as defined
in the Telecommunications Act of 1996, which includes
FCC licensed commercial telephone services, personal
communication services, specialized mobile radio,
enhanced specialized mobile radio, paging and similar
services that currently exist or that may in the future be
developed. [Added 11-12-1997 by L.L. No. 26-1997;
amended 2-2-1999 by L.L. No. 3-19991
YARD — An open space, other than a court, on the same
lot with a building which is, exclusive of trees, shrubs
and natural rock formations, unoccupied and
unobstructed from the ground upward.
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. Except, if the owner of the lot does not have the
right to use or travel over a bordering street, right-of-
way or street line, the side of the lot bordering that
particular street, right-of-way or street line shall not be
considered to be a front yard, and any accessory
structure placed in such yard shall comply with the
applicable side yard setbacks for the zoning district
within which it is located. [Amended 3-28-2000 by L.L.
No. 6-20001
10034 5-15-2000
J
7
§ 100-13 ZONING § 100-20
YARD LINE — A line drawn parallel to a street or lot
line at a distance therefrom equal to the respective yard
dimension required by this chapter.
7
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.
ZONE — A finite area of land, as designated by its
boundaries on the Zoning Map, throughout which
7
specific and uniform regulations govern the use of land
and/or the location, size and use of buildings.
ZONING BOARD — See "Board of Appeals."
7
ZONING MAP — The map annexed to and made part of
this chapter indicating zone boundaries.
ARTICLE II
Districts
§ 100-20. District designations. [Amended 7-31-1973;
7-1-1986 by L.L. No. 6-1986; 1-10-1989 by L.L. No.
1-1989]
For the purpose of this chapter, the Town of Southold, outside
of the incorporated Village of Greenport, is hereby divided into
districts designated as follows:
A -C Agricultural -Conservation District (two -acre
minimum) .
R-80 Residential Low -Density District (two -acre minimum)
R-40 Residential Low -Density District (one -acre minimum)
R-120 Residential Low -Density District (three -acre
minimum).
R-200 Residential Low -Density District (five -acre minimum)
R-400 Residential Low -Density District (ten -acre minimum)
10034.1 5-15-2000
§ 100-20 SOUTHOLD CODE § 100-21
HD Hamlet Density Residential District
AHD Affordable Housing District
RR Resort Residential District
RO Residential Office District
HB Hamlet Business District
LB Limited Business District
B General Business District
MI Marine I District
MII Marine II District
LIO Light Industrial Park/Planned Office Park District
LI Light Industrial District
§ 100-21. Zoning Map. [Amended 1-10-1989 by L.L. No.
1-1989]
The boundaries of the said districts are hereby established as
shown on the Zoning Map, dated January 10, 1989, 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.
(Cont'd on page 10035)
10034.2 5 -15 -MO