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Home My WebLink About1983 Code Supplement - 10/25/1983GENERAL CODE PUBLISHERS CORP. INSTRUCTIONS Town of Southold Code Supplement No. 27 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 10001 - 10002 10001 - 10002 . 10027 - 10028 10027-10028 10028.1 10028.1- 10028.3 Supplemental Index, Supplemental Index, SI-1—SI-2 SI-1—SI-2 Legislation, by number or date of adoption, included in this supplement: L.L. Nos. 10-1983; 11-1983. ]0-25-83 § 100-9. § 100-10. § 100-11. § 100-12. § 100-13. § 100-20. § 100-21. § 100-22. § 100-23. ZONING Chapter 100 ZONING ARTICLE I General Provisions Title. Purposes. Conflicts. Exceptions. Definitions. ARTICLE II Districts District designations. Zoning Map. District boundaries. Effect of establishment of districts. ARTICLE III A Residential and Agricultural District § 100-30. Use regulations. § 10041. Bulk and parking requirements. § 100-31.1. Relief from bulk and parking requirements. § 100-32. Accessory buildings. § 100-33.. Established front yard setback. §§J00-34 through 100-36. (Reserved) 10001 10-25 -93 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. 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 10-25-83 § 100-30 ZONING § 100-31 3013(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: (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 and parking requirements. [Amended 8-9-83 by L.L. No. 9-19831 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 to the following bulk and' parking requirements: A. In the case of a lot held in single and separate ownership prior to November 23, 1971, and thereafter, with an area of less than forty thousand (40,000) square feet, a single- family dwelling may be constructed thereon, provided that 10027 20-25-93 § 100-31 SOUTHOLD CODE § 100-31 the requirements of Column A of the Bulk and Parking Schedule incorporated into this chapter are complied with.' B. The bulk and parking requirements for single-family dwell- ings, as set forth in Column A-40 of the Bulk and Parking Schedule incorporated into this chapter, shall apply to the following lots: (1) All lots shown on major and minor subdivision maps • which were granted final approval by the Planning Board prior to May 20, 1983. [Amended 10-4-83 by L.L.- No. 10-1983] (2) All lots shown on major subdivision maps upon which the Planning Board has held a hearing for preliminary map approval prior to May 20, 1983. (3) All lots shown on minor subdivision maps that have been granted sketch plan approval by the Planning Board prior to , May 20, 1983. (4) All lots set off or created by approval of the Planning Board subsequent to November 23, 1971, and prior to May 20, 1983. C. The bulk and parking requirements for single-family dwell- ings set forth in Column A-80 of the Bulk and Parking Schedule incorporated into this chapter shall apply to the following lots: (1) All lots shown on minor subdivision maps which have been granted sketch plan approval by the Planning Board on or after May 20, 1983. (2) All lots shown on major subdivision maps upon which the Planning Board has held a hearing for preliminary map approval on or after May 20, 1983. (3) All lots set off or created by approval of the Planning • Board on or after May 20, 1983. D. The bulk and parking requirements for two-family dwell- ings set forth in Column A-160 of the Bulk and Parking Editor's Note: The Bulk and Parking Schedule is included at the end of this chapter. 10028 iQ- 25 - 93 § 100-31 ZONING § 100-31.1 Schedule incorporated into thi& chapter shall apply to the following lots: (1) All lots shown on minor subdivision maps which have been granted sketch plan approval by the Planning Board on or after May 20, 1983. (2) All lots shown on major subdivision maps upon which the Planning Board has held a hearing for preliminary approval on or after May 20, 1983. (3) All lots setoff or created by approval of the Planning Board on or after May 20, 1983. § 100-31.1. Relief from bulk and parking requirements. [Added 10-4-83 by L.L. No. 11-19831 A. Findings. (1) On May 16,1983, the Town Board enacted Local Law No. 7-1983, which increased the minimum area, width, depth and yard requirements of lots located in the A Residential and Agricultural Districts, as of its ef- fective date of May 20, 198V (2) On August 9, 1983, the Town Board enacted Local Law No. 9-1983,' which excepted certain subdivision maps from the lot area, width, depth and yard re- quirements specified in said Local Law No. 7-1983. (3) The Town Board has now ascertained that there exist many owners of land who had expended time and money in the preparation of subdivision maps con- forming to the zoning requirements in effect prior to May 20, 1983, but, due to circumstances beyond their • control, .were unable to have such subdivision. maps Approved. by the Planning Board prior to May 20, 1983. (4) The Town Board finds that, in such instances, it would be inequitable to require such land owners to conform Editor's Note: See the Bulk and Parking Schedule, located at the end of this chapter. ' Editor's Note: See § 100.31. 10028.1 10-25:83 , § 100-31.1 SOUTHOLD CODE § 100-31.1 to the requirements established by Local Law No. 7- 1983, and that such owners should be given an op- portunity to petition the Town Board to request that the provisions of the Bulk and Parking Schedule in effect prior to May 20, 1983, shall apply to the sub- division described in said petition. B. Subdivision maps affected. The provisions of this section shall apply to the following subdivision maps: (1) Minor subdivision maps for which an application for sketch plan approval was filed with the Planning Board prior to March 20, 1983. (2) Major subdivision maps for which an application for sketch plan approval was filed with the Planning Board prior to January 1, 1983. C. Time of filing petitions. Petitions for the relief provided for in this section shall be filed with the Town Clerk within six (6) months of the effective date of this section. D. Contents of petition. The petition shall be verified by the owner of the property and shall set forth such facts as the petitioner deems appropriate to indicate that the petitioner had filed an application for sketch plan approval of the subdivision map involved, that the petitioner thereafter diligently and in good faith prosecuted such application and that final approval of said subdivision map was not granted by the Planning Board prior to May 20, 1983, due to circumstances beyond the control of the petitioner. E. Procedures. (1) Upon the receipt of a petition, . the Town Board shall refer the same to the Planning Board and the Suffolk County Planning Commission (if required by Article XIII of the Suffolk County Charter) for their written recommendations. (2) Upon receipt of the written recommendations of the aforesaid planning agencies, the Town Board shall hold a public hearing on said petition upon not less 10028.2 10-25-83 § 100-31.1 ZONING § 100736 than ten (10) days' written notice published in the official town newspapers. (3) After such hearing, the Town Board shall take such action on such petition as it deems appropriate. F. Fees. Every petition for relief provided for in this section shall be filed with the Town Clerk and shall be . ac- companied by a fee of one hundred dollars ($100.). § 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 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 through 100-36: (Reserved)' (Cont'd on page 10029) ' Editor's Note: Former § 100.34, Corner lots, was renumbered as § 100-119 2.1.83 byL L.. No. 2.1983, which local law also redesignated former § 100.30, Substandard lots, as added 5.29.73, as § 100.34, which section was subsequently repealed 8-9.83 by L.L. No. 9. 1983. Former § 100.35, Fences, walls and hedges, was renumbered as § 100-119.12-1-83 by L.L. No. 2-1983. 10028.3 10-25-93 C • SOUTHOLD SUPPLEMENTAL INDEX —A— —D— ALTERATION defined, 100-18 ANCHORING; boats, 32-39 — 32-39.2 ARCHITECTURAL SIGNIFI- CANCE defined, 56-3 A RESIDENTIAL AND AGRICUL- TURAL DISTRICT Relief from bulk and parking re- quirements, 100-31.1 —B— BOATS Boats, docks and wharves, 32-30,- 32-39.2 Mooring and anchoring, 32-39 — 32- 39.2 BOATS, DOCKS AND WHARVES; boats, 32-30 — 32-39.2 BUILDING AREA defined, 100-13 BULK, AREA AND PARKING; A Residential and Agricultural Dis- trict, 100-31.1 _C_ COMMISSION defined, 56-3 CONDOMINIUM defined, 100-13 Elm DEFINITIONS Alteration, 100-13 Architectural significance, 56-3 Building area, 100-13 Commission, 56-3 Condominium, 100-13 Exterior architectural features, 56-3 Historical significance, 56-3 Landmark, 56-3 Landmark designation, 56-3 Lot coverage, 100-13 Permanent mooring, 32-31 Structure, 56-3 Taxpayer, 77-201 SI -1 Temporary anchoring, 32-31 Yard, 100-13 DOGS; fees, 38-7 —E— EXTERIOR ARCHITECTURAL FEATURES defined, 56-3 —F— FEES Dogs, 38-7 Subdivision of land, A106 -13C FENCES, WALLS AND HEDGES; zoning, 100-119.1 —H— HISTORICAL SIGNIFICANCE de- fined, 56-3 . —L— LANDMARK defined, 56-3 LANDMARK PRESERVATION Definitions, 56-3 Designation of landmarks, 56-6 Landmark Preservation Commis- sion, 56-4, 56-5 Purpose, 56-2 Review of permit applications, 56-7 Termination of landmark designa- tion, 56-8 Title, 56-1 LANDMARK PRESERVATION COMMISSION Compensation, 56-4 Duties, 56-5 Landmark preservation, 56-4, 56-5 Meetings, 56-4 Membership, 56-4 10-25-83 SOUTHOLD SUPPLEMENTAL INDEX —L— _S_ Officers, 56-4 Terms of office, 56-4 LOT COVERAGE defined, 100-13 LOTS; zoning, 100-19 SUBDIVISION OF LAND Accompanying documents and in- formation, A106-44 Fees, A106 -13C —M— —T— MEETINGS; Landmark Preservation TAXPAYER defined, 77-201 Commission, 56-4 TEMPORARY ANCHORI.NG de - MEMBERSHIP fined, 32-31 Landmark Preservation Commis- TERMS OF OFFICE sion, 56-4 Landmark Preservation Commis- sion, 56-4 —N— —Y— NOTICES Zoning, 100-152 YARD defined, 100-13 —O— _Z_ OFFICERS AND EMPLOYEES; ZONING Landmark Preservation Commis- Fences, walls and hedges, 100-119.1 sion, 56-4 Lots, 100-19 Notice of proposed change of zone classification, 100-152 —P— Title, 100-9 PERMANENT MOORING defined, 32-31 POWERS AND DUTIES Landmark Preservation Commis- sion, 56-5 _S_ SALARIES AND COMPENSATION Landmark Preservation Commis- sion, 56-4 SHELLFISH Dredges and scrapes, 77-211.1 Purpose, 77-200.1 STRUCTURE defined, 56-3 SI -2 10-25-83 • KI