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HomeMy WebLinkAbout1996 - Zoning Code in effect prior to LL # 03 of 1996e VAULT COPY Zoning in effect prior. to LOCAL LAW No. 3 - 1996 ZONING Chapter 100 From the CODE of the Town of SOUTHOLD GENERAL CODE PUBLISHERS CORP. ZONING Chapter 100 From the CODE of the TOWN OF SOUTHOLD VA COUNTY OF SUFFOLK STATE OF NEW YORK [Printed as last amended 12-27-1995 by L.L. No. 25-1995. Consult municipal records for possible amendments adopted thereafter.] GENERAL CODE PUBLISHERS CORP. 72 Hinchey Road Rochester, New York 14624 1996 ZONING Chapter 100 ZONING ARTICLE I General Provisions § 100-9. Title. § 100-10. Purposes. -. § 100-11. Interpretation and conflicts. § 100-12. (Reserved) § 100-13. Definitions. ARTICLE II z Districts - § 100-20. District designations. § 100-21. Zoning Map. § 100-22. District boundaries. § 100-23. Effect of establishment of districts. t § 100-24. Lot creation. § 100-25. Merger. § 100-26. Waiver of merger. ARTICLE III Agricultural -Conservation (A -C)* District and Low -Density Residential R-80, R-120, R-200 and R-400 Districts § 100-30. Purpose. 10001 12-25-,95 SOUTHOLD CODE. § 100-31. Use regulations. § 100-32. (Reserved) § 100-33. Accessory buildings. ARTICLE IIIA Low -Density Residential R-40 District § 100-30A.1. Purpose. ; § 100-30A2. Use regulations. § 100-30A.3. Bulk, area and parking regulations. § 100-30A.4. Accessory buildings. ARTICLE IV Hamlet Density (HD) Residential District § 100-40. Purpose. ; § 100-41. Applicability. § 100-42. Use regulations. § 100-43. Bulk, area and parking regulations. ARTICLE V Affordable Housing (AHD) District § 100-50. Purpose. § 100-51. Definitions. § 100-52. Applicability. § 100-53. Use regulations. § 100-54. Bulk, area and parking regulations. § 100-55. Application procedure. 10002 12-25-95 - 1 ZONING § 100-56. General regulations and requirements. § 100-57. Administration. § 100-58. Applicability of other Code provisions. § 100-59. Penalties for offenses. (Confd on page 10003) 10002.1 12-25-95 ZONING ARTICLE IX Hamlet Business (HB) District § 100-90.. Purpose. § 100-91. Use regulations. § 100-92. Bulk, area and parking regulations. § 100-93. Uses confined to enclosed buildings. 10003 10-10-95 ARTICLE VI Resort Residential (RR) District § 100-60. Purpose: § 100-61. Use regulations. § 100-62. Bulk, area and parking regulations: ARTICLE VII Residential Office (RO) District § 100-70. Purpose. § 100-71. Use regulations. § 100-72. Bulk, area and parking regulations. ARTICLE VIII Limited Business (LB) District § 100-80. Purpose. § 100-81. Use regulations. § 100-82. Bulk, area and parking regulations. § 100-83. � Front yard setbacks. ARTICLE IX Hamlet Business (HB) District § 100-90.. Purpose. § 100-91. Use regulations. § 100-92. Bulk, area and parking regulations. § 100-93. Uses confined to enclosed buildings. 10003 10-10-95 SOUTHOLD CODE ARTICLE X General Business (B) District § 100-100. Purpose. § 100-101. Use regulations. § 100-102. Bulk, area and parking regulations. § 100-103. Front yard setbacks. ARTICLE XI Marine I (MI) District § 100-110. Purpose. § 100-111. Use regulations. § 100-112. Bulk, area and parking regulations. ARTICLE XII Marine II (MII) District § 100-120. Purpose. § 100-121. Use regulations. § 100-122. Bulk, area and parking regulations. ARTICLE XIII Light Industrial Park/Planned Office Park (LIO). District § 100-130. Purpose. § 100-131. Use regulations. § 100-132. Bulk, area and parking regulations. § 100-133. Front yard setbacks. 10004 10-10-95 ZONING ARTICLE XIV Light Industrial (LI) District § 100-140. Purpose. § 100-141. Use regulations. § 100-142. Bulk, area and parking regulations. § 100-143. Front yard setbacks. ARTICLE XV Density, Minimum Lot Size and Bulk Schedules § 100-150. Repeal of existing schedule; incorporation of new schedules. § 100-151. Conformance required. ARTICLE XVI (Reserved) ARTICLE XVII (Reserved) ARTICLE XVIII Cluster Development § 100-180. Purpose. § 100-181. Applicability. ARTICLE XIX Parking and Loading Areas § 100-190. Purpose. 10005 10-10-95 SOUTHOLD CODE § 100-191. Off-street parking areas. § 100-192. Off-street loading areas. ARTICLE XX Signs § 100-200. Purpose. § 100-201. Applicability; permit required; application; Purpose. approval; fees. § 100-202. General design principles. § 100-203. Prohibitions and general restrictions. § 100-204. Limitation of content or copy. § 100-205. Specific signs. § 100-205.1. Specific sign requirements. § 100-206. Sign illumination. § 100-207. Unsafe, abandoned and unlawful signs. § 100-208. Transition. § 100-209. Nonconforming signs. 1nnnc .%JWWW ARTICLE XXI Landscaping, Screening and Buffer Regulations § 100-210. Purpose. § 100-211. General requirements. § 100-212. Front landscaped area. § 100-213: Transition buffer area. § 100-214. Landscaped parking area. § 100-215. Properties located adjacent to creeks. 1nnnc .%JWWW ZONING ARTICLE XXII (Reserved) 10007 9-10-95 ARTICLE XXIII Supplementary Regulations § 100-230. Exceptions and modifications. - § 100-231. i Height of fences, walls and berms. ! . § 100-232. Corner lots. § 100-233. Building length and separation for buildings containing multiple dwellings. § 100-234. Courts. - § 100-235. Access requirements. § 100-236. Open storage. § 100-237. Prohibited uses in all districts. § 100-238. Provisions for community water, sewer and utility facilities. § 100-239. Land under water; filled land. § 100-239.1. Excavations. - § 100-239.2. Tourist camps, camp cottages and.trailers. § 100-239.3. (Reserved) § 100-239.4. Building setback requirements adjacent to water bodies and wetlands. § 100-239.5. Lighting restrictions. ARTICLE XXIV Nonconforming Uses and Buildings § 100-240. Purpose. 10007 9-10-95 SOUTHOLD CODE § 100-241. Nonconforming uses. § 100-242. Nonconforming buildings with conforming uses. § 100-243. Nonconforming buildings with nonconforming uses. § 100-244. Nonconforming lots. § 100-245. Repairs and maintenance. § 100-246. Involuntary moves. ARTICLE XXVI Special Exception Uses § 100-260. Purpose. § 100-261. Special exception uses; approval required. 10008 9-10-95 ARTICLE XXV Site Plan Approval § 100-250. Applicability. § 100-251. Findings of fact; purpose. § 100-252. Objectives. § 100-253. Approval of site plan required. § 100-254. Review procedure. § 100-255. Duration of plan. § 100-256. Application requirements; fees. § 100-257. Architectural review standards. § 100-258. Architectural Review Committee. § 100-259. Land clearing. ARTICLE XXVI Special Exception Uses § 100-260. Purpose. § 100-261. Special exception uses; approval required. 10008 9-10-95 ZONING § 100-262. Application; hearing; approval; violations of conditions. § 100-263. General standards. § 100-264. Matters to be considered. § 100-265. Additional conditions and safeguards. ARTICLE =I Board of Appeals § 100-270. Appointment; membership. § 100-271. Powers and duties. § 100-272. Additional conditions and safeguards. § 100-273. Rules of conduct and procedure. § 100-274. Fees. § 100-275. Notice of hearing. 10008.1 (Cont'd on page 10009) 9-10-95 ARTICLE XXIX Amendments § 100-290. Procedures. § 100-291. Fees. § 100-292. Notice of proposed change of zone classification. ARTICLE XXX Severability § 100-300. Severability. Density and Minimum Lot Size Schedule for Residential Districts Density and Minimum Lot Size Schedule for Nonresidential Districts Bulk Schedule for Residential Districts Bulk Schedule for Business, Office and Industrial Districts Bulk Schedule AA 10009 12-25-95 ZONING ARTICLE )=II Administration and Enforcement § 100-280. Administrative and enforcing officer. § 100-281. (Reserved) § 100-282. Revocation of permit. § 100-283. Stop orders. § 100-284. Certificates of occupancy. § 100-285. Penalties for offenses. § 100-286. Remedies. ARTICLE XXIX Amendments § 100-290. Procedures. § 100-291. Fees. § 100-292. Notice of proposed change of zone classification. ARTICLE XXX Severability § 100-300. Severability. Density and Minimum Lot Size Schedule for Residential Districts Density and Minimum Lot Size Schedule for Nonresidential Districts Bulk Schedule for Residential Districts Bulk Schedule for Business, Office and Industrial Districts Bulk Schedule AA 10009 12-25-95 § 100-9 SOUTHOLD CODE § 100-10 [HISTORY: Adopted by the Town Board of the Town of Southold 4-9-1957; amended in its entirety 11-23-1971. Sections 100-13, 100-20G, 100-30B(7)(a), 100-30B(9)(a), 100-30C, 100-70A(1), 100-90A(22), 100-121C(2)(i), 100-141J(5), 100-144B and 100-145 amended during codification; see Ch. 1, General Provisions, Article 11. Other amendments noted where applicable.} GENERAL REFERENCES Preservation of agricultural lands _ See Ch. 25. Flood damage prevention—See Ch. 46. . Junkyards — See Ch. 54. Landmark preservation — See Ch. 56. Open space preservation — See Ch. 59. Soil removal— See Ch. 81. Tourist and trailer camps — See Ch. 88. Wetlands— See Ch. 97. Subdivision of land — See Ch. A106. ARTICLE I General Provisions § 100-9. Title. [Added 2-1-1983 by L.L. No. 2-1983] This chapter shall be known and may be cited as the "Southold Town Zoning Code." § 100-10. Purposes. There is hereby established a comprehensive zoning plan for the Town of Southold, which plan is set forth in the text and map that constitute this chapter. Said plan is adopted for the purposes set forth in Article 16 .of the Town Law, which, in the interest of the protection and promotion of the public health, safety and welfare, shall be deemed to specifically include the following, among others: A. The facilitation of the efficient and adequate provision of public facilities and services. 10010 12-25-65 § 100-10 ZONING § 100-11 B. The assurance of adequate sites for residence, industry and commerce. C. The provisions of privacy for families. D. The prevention and reduction of traffic congestion so as to promote efficient and safe circulation of vehicles and pedestrians. E. The maximum protection of residential and historic areas. [Amended 1-10-1989 by L.L. No. 1-19891 F. The gradual elimination of nonconforming uses. G. The enhancement of the, appearance of the Town of Southold as a whole; particularly its open and rural environment. [Amended 1-10-1989 by L.L. No. 1-19891 H. The encouragement of flexibility in the design and development of land in such a way as to produce the most appropriate use of lands, to facilitate the adequate. and economical provision of streets and utilities and to preserve the natural and scenic qualities of open lands. ;I I. The fostering and protection of agriculture and fisheries. J. To make provision, for, so far as conditions may permit, the accommodation of solar energy systems and equipment and access to sunlight necessary -therefor. [Added 2-1-1983 by L.L. No. 2-19831 K. The protection of the subsurface water supply and surface waters. [Added 1-10-1989 by L.L. No. 1-1989] L. The protection and enhancement of the coastal environment. [Added 1-10-1989 by L.L. No. 1-19891 § 100-11. Interpretation and conflicts. A. Where a provision of this chapter conflicts with or imposes a different requirement ' from any other provision of .this chapter, the provision or requirement which is more restrictive -or which establishes the higher standard shall govern. 10011 12-25-95 § 100-11 SOUTHOLD CODE § 100-12 B. Where the provisions of this chapter conflict with or impose a different requirement from any other ordinance of the Town of Southold or any rules or regulations adopted thereunder, the _ordinance, rule or regulation which establishes the higher standard or requirement shall govern. C. In their interpretation and application, the provisions of this chapter shall .'be held to be the minimum requirements adopted for the promotion of the public health, safety and welfare. Except where specifically provided to the contrary, it is not intended by this chapter to repeal, abrogate, annul or in any way to impair or interfere with any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to law relating to the use of buildings, structures, shelters or premises; nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants, or other agreements between parties. [Added 1-10-1989.by L.L. No. 1-19891 § 100-12. (Reserved)1 (Cont'd on page 10013) 1 Editor's Note: Former § 100-12, Exceptions, amended 10-30-1973 by L.L. No. 5-1973, was repealed 11-28-1995 by L.L. No. 23-1995, effective January 1, 1996. 10012 12-25-95 § 100-13 ZONING § 100-13 § 100-13. Definitions. [Amended 7-31-73] A. Word usage. Words used in _ the present tense include the future; the singular number includes the plural, and the plural the singular; the word "person" includes a corporation as well as an individual; the word "lot" includes the word "plot"; the term "occupied" or "used," as applied to any building, shall be construed as though followed by the words "or intended, arranged or designed to be occupied or used." B. [Amended 10-26-76 by L.L. No. 5-1976; 4-11-78 by L.L. No. 2-1978; 2-1-83 by L.L. No. 2-1983; 1-21-86 by L.L. No. - -� 1-1986; 5-17-88 by L.L. No. 14-1988; 8-23-88 by L.L. No. 20-1988; 1-10-89 by L.L. No. 1-1989] Definitions and usages. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have. the meanings as herein defined. Any word or term not noted below shall be used with j a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). ACCESS — A physical entrance to property. ACCESSORY APARTMENT — A dwelling unit created in a presently existing one -family dwelling pursuant to § 100- 31B(14). ACCESSORY BUILDING -OR STRUCTURE — A building or structure detached from a principal building located on the same lot as and customarily incidental and subordinate -to the principal building. ACCESSORY USE — A use customarily incidental and sub- ordinate to the main use on a lot, whether such "accessory use" is conducted -in a principal or accessory building. ADDITION — A structure added to the original structure at some time after the completion of the original. AGRICULTURE — The production, keeping or maintenance, for sale.- lease or personal use, of plants and animals useful to man. inluding but not limited to forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry- products; livestock, including beef cattle, sheep, swine, 10013 5-25-90 § 100-13 SOUTHOLD CODE § 100-13 horses, ponies, mules or goats or any mutation of hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur- animals; fruits of all kinds, including grapes, nuts and berries, vegetables; floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program. ALTERATION — As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether extending on a side or by increasing in height, or the moving from one location or position to another. APARTMENT — An entirely self-contained dwelling unit consisting of a minimum of four hundred fifty (450) square feet of living area containing complete housekeeping facilities for only one (1) family, including any domestic servants employed on the premises and having no enclosed space other than vestibules, entrance hallways or porches, or cooking or sanitary facilities in common with any other dwelling unit and/or "apartment." [Added 6-19-1990 by L.L. No. 13-1990] APARTMENT HOUSE — A building arranged, intended or designed to be occupied by two (2) or more families living independently of each other in apartments. [Added 6-19-1990 by L.L. No. 13-1990] APPLICANT — The landowner or the agent, optionee, con- tract purchaser or other person authorized in writing to act for the landowner in submitting an application under this chapter. APPLICATION FOR DEVELOPMENT — The application form and all accompanying documents and exhibits required of an applicant by an approving authority for development and/or site plan review purposes. AUTOMOBILE SALES LOT OR BUILDING — A lot or building used for the sale or hire of automobile equipment. This shall be interpreted to include new and used car dealerships and auto accessory salesrooms but not the sale of junked automotive equipment. 10014 8.25.90 § 100-13 ZONING § 100-13 BASEMENT — A story of a building, partly below the finished grade level, which has more than one-half (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. —1 BED -AND -BREAKFAST —.The renting of not more than f three (3) rooms in an owner -occupied dwelling for lodging and serving of breakfast to not more than six (6) 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. BERM — A structure composed primarily of earth intended for privacy, security, enclosure, visual screening or noise abatement. ' BILLBOARD — A sign, including the type 'commonl Y 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 (1) or more- streets or a municipal boundary and of ' sufficient size to 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 (5) or more persons is furnished for compensation. BOARD OF APPEALS — The Zoning Board of Appeals of the Town of Southold. - BREEZEWAY — Open construction with a roof projecting from the outside wall of a building, not to exceed dimensions of eight by ten (8 x 10) feet, connecting the main building and a garage. Other types of attachments which extend more than ten (10) feet, or 10015 6-25-94 § 100-13 SOUTHOLD CODE § 100-13 exceed eighty (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. j [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 fifteen percent' (15%), underwater land, . easements or other restrictions preventing use of 'such land for construction of buildings or development. BUILDING — Any structure having a roof supported by such things as columns, posts, piers, walls or air and intended for the shelter, business, housing or enclosing of persons, animals, property or other materials; also any combination of materials forming any construction, except whore entirely underground so as to permit the use of the ground above the same as if no "building" was present. The .term "building" shall include the term "structure" as well as the following: (1) Signs. (2) Fences. (3) Walls. (4) Radio and television receiving and transmitting towers and antennas, except for such antennas installed on the roof of a building -and extending not more than.twenty (20) feet above the highest level of the roof of such building. (5) Porches, outdoor bins and other similar structures. 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: 10016 6-25-94 § 100-13 ZONING §-100-13 (a) Balconies. (b) Terraces, patios, decks and other structures above the finished grade. (c) Swimming pools, tennis courts and other similar structures. i (2) The term "building area" shall exclude the following: (a) Cornices, eaves, gutters, . chimneys and fireplaces,. projecting not more than twenty- eight (28) inches from exterior walls. (b) Steps and open porches, projecting not more than five (5) feet from exterior walls and having an area of not more than thirty (30) square feet. (c) Mrst-story bay windows projecting not more than three (3) feet from exterior walls and exterior cellar doors- projecting not more than six (6) feet from exterior walls. (Cont'd on page 10017) 10016.1 6-25-94 § 100-13 ZONING § 100-13 BUILDING LINE — A line formed by the intersection or a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of building on any side. In case of a cantilevered section building, the vertical plane will coincide with the most projected surface. BULKHEAD — A structure or barrier the intended use for which is to separate and act as a barrier between _- earthen material and water. [Added 7-13-1993 by L.L. No. 14-19931 CELLAR — Any space in a building, partly below finished grade level, which has more than one-half (1/2) its height, measured from floor to ceiling, below average established curb level or finished grade of land immediately adjacent to the building. CERTIFICATE OF COMPLIANCE — A document issued by the Building Inspector certifying that the. premises indicated conform to Zoning Board of Appeals requirements for bed -and -breakfast use or accessory apartment use at the time of issuance. [Added 5-20-1993 by L.L. No. 6-19931 CERTIFICATE OF DETERMINATION — [Added 5-20-1993 by L.L. No. 5-1993; repealed 7-11-1995 by L.L. No. 16-19951 CERTIFICATE OF OCCUPANCY — A document issued _ by a Town Building Inspector allowing the use and occupancy of a building and/or land and certifying that the structure and/or use of land and/or structures is in compliance with all state and local codes, regulations and requirements. CLUSTER — See "residential cluster." --' CLUB, BEACH — A not-for-profit corporation, as defined in § 102 of the Not -For -Profit Corporation Law of the State of New York, located contiguous to a bay or Long Island Sound and established for the principal purpose of 10017 7-25-95 § 100-13 SOUTHOLD CODE § 100-13 engaging in swimming in the sound or the bays, but excluding any form of aviation, motorboat racing or waterskiing on inland waterways or similar hazardous sports. CLUB, MEMBERSHIP OR COUNTRY or GOLF COURSE, NONPROFIT— A not-for-profit corporation, as defined in § 102 of the Not -For -Profit Corporation Law of the State of New York, established for the principal purpose of engaging in outdoor sports, such as golf, tennis, swimming, fishing, hunting or similar activities, but not including any form of aviation, outdoor trap, skeet or target shooting or motorboat racing. The activities of such a club shall be limited to its members and their guests and shall not be extended to the general public. CLUB, YACHT — A not-for-profit corporation, as defined by § 102 of the Not -For -Profit Corporation Law of the State of New York, established for the principal purpose of engaging in recreational boating. The activities of such a "yacht club" shall be limited to its members and their guests and shall not be extended to the general public. The term "yacht club" shall be deemed to include the term "marina" but shall not be deemed to include the term "boatyard" except for the out -of -water storage of members' boats. COMMON OPEN SPACE — An open space area within or related to a site designated as a development that is available for the use of all residents or occupants thereof. CONDOMINIUM — A building or buildings, the dwelling units of which are individually owned, each owner receiving a deed enabling him to sell, mortgage or exchange his dwelling unit independent of the owners of the other dwelling units in the building or buildings. COOPERATIVE — A type of resort or multiple residence in which persons have an ownership interest in the (Cont'd on page 10018.1) 10018 7-25-95 § 100-13 ZONING . § 100-13 entity which owns the building or buildings and, in addition, a lease or occupancy agreement which entitles them to occupy a particular dwelling unit therein, regardless of whether, and in what manner, the dwelling units are managed, leased or otherwise made available for use by persons other than the owners thereof. COURT, INNER— An open space enclosed on all sides by exterior walls of a building. COURT, OUTER— An open space enclosed on three (3) sides by exterior walls of a building. COURT, DEPTH OF OUTER— The linear average j dimension measured from the unenclosed side of the court to the farthest wall thereof. COURT, WIDTH OF OUTER — The linear dimension of i the unenclosed side of the court. � I CUL-DE-SAC — The turnaround at the end ofa dead- end street. f i j CURB CUT — The opening along the curbline at which point vehicles may enter or leave the roadway. -- CURB LEVEL — The established elevation of the street grade at the point that is opposite the center of the wall - nearest to and facing the street line. CUSTOM WORKSHOP — A business premises used for the making of clothing, millinery, shoes or other personal articles to. individual order or measure, for sale at retail on the premises only and not including the manufacture j of machinery, vehicles, appliances and similar heavy --' goods and ready-to-wear or standardized products. DECK — Construction attached to a building open to the sky with floor materials built at an elevation above natural grade. Decks are required to have building permits before construction. [Added 5-31-1994 by L.L. No. 10-1994] (Cont'd on page 10019) 10018.1 6-25-94 I § 100-13 ZONING § 100-13 DEDICATION — The conveyance of a fee or lesser interest in property to public use, which precludes the owner or others under him from asserting any right of ownership inconsistent with the use for which the property is dedicated. DWELLING, MULTIPLE — A building or portion thereof containing three (3) or more dwelling units. DWELLING, ONE -FAMILY — A detached building containing one (1) dwelling unit only consisting of a minimum living area of eight hundred fifty (850) square feet. [Amended 4-24-1990 by L.L. No. 8-19901 DWELLING, ROW OR ATTACHED — A one -family dwelling with two (2) common or party walls separating it from adjacent units on both sides. } DWELLING, SEMIDETACHED — A one -family dwelling with one (1) wall in common with an adjacent --- dwelling. DWELLING, TWO-FAMILY — A detached building containing two (2) dwelling units only. 17 DWELLING UNIT — A building or entirely self- contained portion thereof consisting of a minimum living area of eight hundred fifty (850) square feet containing - complete housekeeping facilities for only one (1) family, including any domestic servants employed on the premises, and having no enclosed space, other than vestibules, entrance or other hallways or porches, or cooking or sanitary facilities in common with any "dwelling unit." A house trailer, a boarding- or rooming house, convalescent home, fraternity or sorority house, hotel, motel, inn, lodging or nursing or similar home or other similar structure shall not be deemed to constitute a "dwelling unit." [Amended 6-19-1990 by L.L. No. 13-1990] EASEMENT — A grant of the use of land for specific purposes. 10019 11-25-95 § 100-13 SOUTHOLD CODE § 100-13 FAMILY— One (1) or more persons occupying a dwelling unit as a single nonprofit housekeeping unit. More than five (5) . persons eighteen (18) years of age or older, exclusive of domestic servants, not related by blood, marriage or adoption shall not be considered a "family." FARM — A site or series of adjoining parcels under single ownership or management devoted to agricultural use. FARM BUILDINGS — All- structures useful or necessary for the conduct of agricultural activities, including but not limited to barns, silos, mechanical equipment storage sheds, animal pensor other shelters. FENCE — A vertical enclosure, solid or partially open, to prevent straying from within or intrusion from without or intended to be used as a visual screen. A "fence" is considered a structure for the purposes of this. chapter. FISH PROCESSING — The readying of fish and shellfish for shipping to market,, including icing, cleaning, filleting, shucking and the cooking of crabs or lobster, but not. including other cooking, canning, freezing, smoking or other fish factory operations. FLEA MARKET — An out-of-doors market operated only during daylight,hours where new or used items. are sold from individual locations, with each location being operated independently from other locations. Items sold include but are not limited to household items, antiques, rare items, decorations, used books and used magazines. This shall not include sales by a nonprofit organization on an occasional basis. [Added 10-17-1995 by L.L. No. 21-19951 FLOOD HAZARD AREA — Land in the floodplain subject to a one -percent or greater chance of flooding in any given year. 10020 11-25-95 § 100-13 ZONING § 100-13 FLOODPLAIN — The relatively flat area or low lands adjoining the channel of a river, stream, watercourse, canal or any body of standing water which has been or may be covered by floodwater. FLOOR AREA — The sum .of the gross horizontal areas of all floors of the building or buildings on a lot, having a clear height of not less than six (6) feet measured from the exterior faces of exterior walls or from the center line -t of party walls separating two (2) buildings, including cellar and basement areas. The "floor area" shall not include roof overhangs projecting less than three (3) feet - or any floors or portions thereof contained on terraces or balconies projecting beyond the exterior face of the - building. (Cont'd on page 10021) 10020.1 11-25-95 § 100-13 ZONING § 100-13 FLOOR AREA, LIVABLE — All spaces within the exterior walls of a dwelling unit, exclusive of garages, breezeways, unheated porches, cellars, heater rooms and approved basements having a window area of less than ten percent (100/6) of the square foot area of the room. Usable floor area shall include all spaces not otherwise excluded above, such as principal rooms, utility rooms, bathrooms, all closets and hallways opening directly into any rooms within the dwelling unit. FLOOR AREA RATIO — The floor area in square feet of all buildings on a lot divided by the area of such lot in square feet. FRATERNAL ORGANIZATION — A nonprofit association of persons bound by a common interest or goal, be it civic, patriotic, charitable, educational or historical. [Added 11-28- 89 by L.L. No. 22-1989] FRONTAGE — The width of a lot at the street line. GARAGE, PRIVATE — A building used as an accessory to the main building for the storage of one (1) or more gasoline - or other power -driven vehicles owned and used by the owner or tenant of the lot on which .the garage is erected for the storage of not exceeding two (2) additional vehicles (not trucks) owned or used by the others and in which no occupation, business or service for profit is carried on without special permit. GARAGE, PUBLIC = A building, other than a private garage, used for housing or care of gasoline- or other power - driven vehicles or where such vehicles are equipped for _l operation, repaired or kept for renumeration, hire or sale. GARAGE, REPAIR-- A building, other than a private ga- rage, used for adjustment, painting, replacement of parts or other repair or restoration of motor vehicles or parts thereof, whether or not accessory or incidental to another use. GASOLINE SERVICE STATION — A structure and sur- rounding`land used for the storage and sale of petroleum fuel primarily to motor vehicles and for accessory uses such as the 10021 9 - L:i . 92 § 100-13 SOUTHOLD CODE . § 100-13 sale of lubricants, accessories or supplies, the incidental washing of motor vehicles and the performing of minor repairs within a building; however, a service station is not a repair garage or a body shop. GREENHOUSE — A structure for growing plants. GROUND FLOOR — The first floor of a building other than a .cellar or basement. GUEST UNIT — A bedroom -sleeping accommodation for transient .guests, which may or may not include bathroom facilities and shall be occupied by no more than two (2) adult persons and be at least eighty (80) square feet in area. HABITABLE FLOOR AREA — See "floor area, livable." [Added 6-19-1990 by L.L. No. 13-1990] HEIGHT OF BUILDING — The vertical distance measured from the average elevation of the existing natural grade adjacent to the building, before any alteration or fill, to the highest point of the roof for flat and mansard roofs and to the mean height between eaves and ridge for other type roofs. HISTORIC BUILDING —See_"landmar-k-designation." HOME. BUSINESS OFFICE — The business office of an individual which does not qualify for home professional office yet provides a service rather than the retail sale of goods (i.e., offices providing the service of consulting, advertising, designing and/or marketing and which typically require a home personal computer, telephone and/or facsimile transmis- sion machine). [Amended 7-28-1992 by -LL No. 14-1992] HOME OCCUPATION [Amended 4-9-1991 by L.L. No. 10- 1991; 7-28-1992 by L.L. No. 14-19921: - (1) Any gainful activity customarily conducted only within a dwelling unit by the residents thereof that is clearly secondary to the residential use. (2) Activities carried on by the residents which are connected with produce of the seas, bays or harbors caught or dug 10022 9- 25-92 § 100-13 ZONING § 100-13 by them, including storage and dockage of boats and gear, spreading and mending of nets and other gear and sale of such produce so gathered. (3) Tradesmen, not limited to carpenters, plumbers, land- scapers, painters, masons and electricians, provided that no retail sales or services are conducted on site. HOMEOWNERS' OR HOMES ASSOCIATION — A com- munity association, including a condominium association, which is organized in a residential development in which individual owners have a shared interest in the responsibility for open space or facilities. HOME PROFESSIONAL OFFICE — This shall be under- stood to include the professional office or studio of a doctor, dentist, teacher, artist, architect, engineer, musician, lawyer, - magistrate or practitioners of a similar character, or rooms used for home occupations, provided that the office, studio or occupational rooms are located in a dwelling in,' which the practitioner resides. [Added 4-9-1991 by L.L. No. 10-1991; amended 7-28-1992 by L.L. No. 14-1992] (Cont'd on page 10023) 10022.1 „ - 25-92 § 100-13 ZONING § 100-13 HOTEL OR MOTEL, RESORT — A building or group of buildings, whether detached or in connected units, containing individual guest units consisting of a room arranged or designed to be available for use as sleeping quarters for transients on a daily rental basis or for vacationers or other persons on a weekly rental basis, provided that one (1) such unit may connect directly with not more than one (1) other such unit. Each unit shall have a door opening on the exterior of the building or on a common hallway leading to the exterior. A "resort motel" may include such accessory uses as a beach cabana, private dock, dining room, restaurant or l swimming pool, conference and meeting facilities or an accessory convenience shop, office or personal service facility, provided -that such facility or shop is located within the building without any external sign or display and off-street parking facilities. The term "resort motel' shall not be construed to include "transient motel" or "mobile'home park." HOTEL OR MOTEL, TRANSIENT — A"building or group of buildings, whether detached or in connected units, containing individual guest units consisting of a room arranged or designed to be available for use as sleeping and f living quarters for transients on.a daily rental basis, provided that one (1) such unit may connect directly with no<.more than one (1) other such unit and that no cooking facilities shall .be available. Each such unit shall have a door opening on the ` exterior of the building or on a common hallway leading to the exterior. A "transient hotel or motel' may include such accessory uses as an office, restaurant, accessory personal services, swimming pool and off-street parking facilities. The term "transient hotel or motel" shall not be construed to include "resort motel' or "mobile home park," nor shall it be deemed to include any dwelling unit except that of the owner or manager. 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 10023 8-25-90 § 100-13 SOUTHOLD CODE § 100-13 such old automobiles, trucks, equipment or machinery as may be sold as and for junk or salvage. The existence on any residential lot of three (3) or more unregistered automobiles or trucks not housed within a building shall be- deemed to be a "junkyard." Public sanitary landfills and the structures located thereon shall not be included in this definition.' LANDMARK DESIGNATION — The designation of a build- ing or structure of architectural or historic significance to the town through listing the property in the town's Register of Designated Landmarks and filing a copy of the entry in the Town Clerk's office. LANDSCAPING — An area of land restricted to landscape items which may also include such elements as natural features, earth berms, sculpture, signs, lighting, accessways, bikeways and pedestrianways. LIGHT INDUSTRY — An activity which involves the fabri- cation, reshaping, reworking, assembly or combining of products from previously prepared materials and which does not involve the synthesis of chemical or chemical products other than for pharmaceutical or research purposes or the processing of any_r-aw materials, -except -agricultural-- raw -- - - -- materials. "Light industry" includes industrial operations such as electronic, machine parts and small component assembly, as oppposed to heavy industrial operations such as automobile assembly or milling activities. LIVING AREA — See "floor area, livable." [Added 6-19- 1990 by L.L. No. 13-1990] LOADING BERTH — A space at least fifteen (15) feet wide and forty-five (45) feet long, having a minimum fourteen -foot vertical clearance for loading and unloading vehicles. No such space required by this chapter or depicted on any site plan shall constitute a parking space. LOT — Any parcel of land, not necessarily coincident with a lot or lots shown on a map of record, which is occupied or I Editor's Note: See also Ch. 54, Junkyards. 10024 8-25-90 0 § 100-13 ZONING § 100-13 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 AREA — The area of a lot taken at its perimeter, exclu- sive of any portion within a public or private street right-of- way. 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 COVERAGE — That percentage of the lot area covered by the building area. LOT DEPTH — The minimum distance from the street line of the lot to the rear lot line of such lot. LOT, INTERIOR — A lot other than a corner lot or a through lot. (ConVd on page 10025) 10024.1 8-25-90 § 100-13 ZONING § 100-13 LOT LINE — Any boundary of a lot other than a street line. LOT LINE, FRONT — The lot line separating a lot from a street right -of --way; also referred to as "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 length, or if the lot comes to a point in the rear, the "rear lot line" shall be deemed to be a line, not less than ten (10) feet long, lying farthest from the front lot line and parallel to the _t front lot line. LOT LINE, SIDE — Any lot line other than a front or rear lot i line. . - LOT, REAR OR FLAG — A lot located in such a position that it is to the rear of some other lot fronting on the same street r and served by means of an accessway. LOT, THROUGH — A lot which fronts upon two (2) streets which do not intersect at the boundaries of the lot. -1 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. LOWER AND MODERATE -COST HOUSING.— Housing which is constructed' and kept available for families or individuals with low or moderate income, including senior citizens, as defined by the Town Board. 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. 10025 2-25-89 § 100-13 SOUTHOLD CODE § 100-13 MASTER PLAN — A plan for the a controlled development of all or portions of the Town of Southold, the protection of environmentally sensitive areas, the enhancement of fishing and shellfishing, healthy recreation areas and -facilities and the protection of the underground water supply-,. the plan to be prepared by the Planning Board pursuant to § 272-a of the Town Law, which plan indicates the general locations of physical development within the town and includes any unit or part of such plan separately adopted and any amendment to such plan or parts therein. MEAN HIGH WATER (MHW) — Average height of high = water datum reported by the United States Geological Survey. MOTEL, RESORT — See "Hotel or motel, resort." MOTEL, TRANSIENT — See "hotel or motel, transient." NONCONFORMING BUILDING OR STRUCTURE — A building or structure legally existing on the effective date of this chapter or any applicable amendment thereto but which fails, by reason of such adoption, revision or amendment, to conform to the present district regulations for any prescribed structure or building requirement, such as front, side or rear yards, buildingheight,_building_areas-or_lot-coverage,-lot-ar-ea per dwelling unit, dwelling units per building, number .of parking and loading- spaces, etc., but which is continuously maintained after the effective date of these regulations. NONCONFORMING LOT — A lot the area or dimension of which was lawful prior to the adoption, revision or amendment of this chapter but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment. NONCONFORMING USE — A use, whether of a building, sign or tract of land, or combination of these, legally existing on the effective date of this chapter, which does not conform to the present use regulations of the district in which it is located but which is continuously maintained after the effective date of these regulations. NURSERY SCHOOL — A building or buildings, together with any accessory uses, buildings or structures, used as an 10026 2-25-89 § 100-13 ZONING § 100-13 organized instructional facility for five (5) or more enrolled children under sig (6) years of age other than - the children of the resident family and not furnishing sleeping facilities except to the resident family. OFF -PREMISES SIGN — Any sign that identifies, advertises or calls attention to a business or activity taking place on property other than the premises on which the sign is located. [Added 11-29-1994 by L.L. No. 25-19941 OFF-STREET PARKING SPACE — A space for the parking of one (1) motor vehicle within a public or private parking area, but not within a public street. OPEN SPACE — Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring: such open space, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land. OUTDOOR STORAGE — The' keeping, in an unroofed area, of any goods, junk, material, merchandise or vehicles in the same place for more than twenty-four (24) hours. OWNER, — Includes the duly authorized agent, attorney, purchaser, devisee, fiduciary or any other person having vested or contingent interest in the property in question. PARKING LOT — An off-street, ground level area, surfaced and improved for the temporary storage of motor vehicles. PARTIAL SELF-SERVICE GASOLINE SERVICE STATION — A gasoline service station primarily for the servicing of motor vehicles and the dispensing of gasoline by means of a qualified attendant controlling an approved console regulating the flow of gasoline into 10027 1-25-95 § 100-13 SOUTHOLD CODE § 100-13 fined and approved dispensing equipment thereafter to be operated by the customer at one (1) set of pumps on one (1) pump island and by a qualified attendant operating dispensing equipment at all other pump islands. PATIO — A flat, leveled structure attached to a building by steps, or other construction, and having a base floor area at or below natural grade and open to the sky. A "patio" structure below or at grade is not deemed to be a deck or porch and shall not require a building permit. New, step areas to patios, decks, porches, breezeways, etc., will require a building permit. Any other "patio" or similar structure constructed above natural grade also requires a building permit. [Added 5-31-1994 by L.L. No. 10-19941 PERFORMANCE GUARANTY -L- Any security which may be accepted by the town as a 'guaranty that improvements required as part of an application for development are satisfactorily completed. PERSON — Any association, partnership, corporation, cooperative group, trust or other entity, as well as an individual. PLANNING BOARD — The Planning Board of the Town of Southold. PLAT — The map of a subdivision. PRINCIPAL ' BUILDING — A building in which is conducted the main or principal use of the lot on which said building is located. PRINCIPAL USE — The main or primary purpose or purposes for which land and/or structure(s) is designed, arranged, used or intended to be used or for which such land and/or structure(s) may be occupied or maintained under this chapter. PROFESSIONAL OFFICE — The office of a member of a recognized profession or occupation, including architects, 10028 1-25-95 § 100-13 ZONING § 100-13 artists, authors, dentists, doctors, lawyers, ministers, musicians, optometrists, engineers and such other - similar professions or occupations which may be so designated by the Board of Appeals. PUBLIC WATER: PUBLIC SEWER — Communal sewage disposal systems and communal water supply systems as approved by public agencies having jurisdiction thereof. RECREATION FACILITY, COMMERCIAL — An indoor or outdoor privately operated business involving playing fields, courts, arenas or halls designed to accommodate sports and recreational activities, such .as billiards, j bowling, dance halls, gymnasiums, health spas, skating rinks, shooting ranges, tennis courts and swimming pools. RECREATIONAL VEHICLE — A vehicular -type portable structure, without permanent'. foundation, which can be towed, hauled or driven and primarily j designed as temporary living accommodation for recreational, camping and travel use, and including but - not limited to travel trailer, truck campers, camping trailers and self-propelled motor homes. RESEARCH LABORATORY — A building for experimentation in pure or applied research, design, development and production of prototype machines or devices or of new products, and uses accessory thereto, wherein products are not manufactured for wholesale or retail sale, wherein commercial servicing or repair of commercial products is not performed and where there is no display of any materials or products. RESIDENTIAL CLUSTER — An area to be developed as a single entity according to a plan, containing residential housing units and having a common or public open space. RESTAURANT — Any premises other than take-out or formula food restaurants where food is commercially sold 10029 1-25-95 § 100-13 SOUTHOLD CODE § 100-13 for on -premises consumption to patrons seated at tables or counters. [Amended 5-16-1994 by L.L. No. 9-19941 RESTAURANT, FORMULA FOOD — A restaurant business required by contractual or other arrangements to offer standardized menus, ingredients, food preparation, decor, external facade or uniforms. [Added 5-16-1994 by L.L. No. 9-19941 RESTAURANT, TAKE-OUT — Any establishment other than a formula food restaurant, whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready -to -consume state, usually served in paper, plastic or other disposal containers, for consumption within the restaurant building, elsewhere on the premises or for carryout for consumption off the premises. [Amended 5-16-1994 by L.L. No. 9-19941 RETAIL STORE — An enclosed structure where goods are offered for sale to the public as take-out items, including hardware, drugs, food and beverages, furnishings, apparel and similar products. Minor repair services within the establishment may be undertaken as part of product sales. RETAINING WALL — A structure or barrier, the intended use for which is to separate and act as a barrier between two (2) areas of earthen material. [Added 7-13-1993 by L.L. No. 14-19931 RIGHT-OF-WAY LINES — The boundary lines of land used or intended for use as streets, as shown on deeds, plats or the Master Plan, and from which yard and other requirements shall be measured. ROADSIDE FARM STAND or AGRICULTURAL STAND — A booth, stall or display area exceeding fifty (50) square feet in area located on a farm from which agricultural products are sold to the general public. SEPTIC TANK — A watertight receptacle that receives the discharge of sewage from a building, sewer or part thereof and is designed and constructed so as to permit 10030 1-25-95 § 100-13 ZONING § 100-13 settling of solids, digestion of the organic matter and discharge of the liquid portion into a disposal area. SETBACK — An area extending the full width of the lot, described or a distance between the street right-of-way and building for the full required frontyard depth within which no buildings or parts of buildings may be erected. SHOPPING CENTER — A group of retail and service businesses which have an integrated architectural and site design and which have an anchor tenant consisting of either a supermarket or a department store if the anchor tenant encompasses a minimum of twenty-five thousand (25,000) square feet of area. [Added 5-16-1994 by L.L. No. 9-19941 SIGN — Any structure or part thereof, or any device attached to a building or painted or represented thereon, which shall display or include any letter, word, model, banner, pennant, insignia, device, trade flag or representation which is in the nature of, or which is used as, an announcement, direction or advertisement, for commercial purposes or otherwise. A "sign" includes a billboard and a neon tube, string of lights or similar device outlining or hung upon any part of a building or lot, but does not include the flag or insignia of°any nation or group of nations or of any governmental agency or of any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event. Excluded from this definition are "signs" which are solely devoted to prohibiting trespassing, hunting or fishing. SIGN AREA [Amended 11-29-1994 by L.L. No. 25-19941 — Includes all faces of a sign, measured as follows: (1) When such sign is on a plate or framed or outlined, all of the area of such plate or the area enclosed by such frame or outline shall be included. 10030.1 1-25-95 § 100-13 SOUTHOLD CODE § 100-13 (2) When such sign consists only of letters, designs or figures engraved, painted, projected or in any manner affixed on a wall, the total area of such sign shall be deemed the area that encompasses all the letters and symbols of the sign, together with the area of any background of a color or material different from the general finish of the building, whether painted or applied. SITE PLAN — A development plan for one (1) or more lots on which is shown: (1) The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways. (Cont'd on page 10031) 10030.2 1-25-95 § 100-13 ZONING § 100-13 (2) The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices. (3) Any other information that may be reasonably required in order to make an informed determination pursuant to this chapter for the review and approval of site plans by the Planning Board. SPECIAL EXCEPTION USE — A use that is deemed appro- priate in a particular district if specified conditions are met. STORY — That part of any building, exclusive of cellars but inclusive of -basements, comprised between the level of one finished floor and the level of the next higher finished floor or, if there is no higher -finished floor, then that part of the building comprised between the level of the highest finished j floor and the top of the roof beams. STORY, HALF — Any space, with a minimum clear height of five (5) feet, partially within the roof framing where the clear height of not more than fifty percent (50%) of such' space between the top of the floor beams and the structural ceiling level is seven (7) feet six (6) inches or more. STREET — A street, improved to the satisfaction of -the .Plan- ning Board, which is one (1) of the following- (1) ollowing(1) An existing town, county or state highway or street. (2) A street shown on an approved subdivision final plat. I (3) A street shown on a map filed with the County Clerk (in accordance with § 280-a of the Town Law) prior to Planning Board authorization to review subdivisions? (4) A street shown on the Town Official Map. STREET LINE — The dividing line between a lot and a street. STRUCTURAL ALTERATION — Any change in the sup- porting members of a building, such as beams, columns, girders, footings, foundations or bearing walls. 2 Editors Note: See also Ch. A106, Subdivision of Iand. 10031 2 -25-89 § 100-13 SOUTHOLD CODE § 100-13 SWIMMING POOL — A structure containing an artificial body of water which is greater than six (6) feet long or wide and greater than eighteen (18) inches in depth at any point. Natural or man-made ponds all banks of which have a slope of less than forty-five degrees (45°) shall not be included in this definition. TOURIST CAMP — Any lot, piece or parcel of ground where two (2) or more tents, tent houses, camp cottages, house cars or house trailers used as living or sleeping quarters are or may be located, said camp being operated for or without compensation.3 TOURIST COTTAGE — A detached building having less than three hundred fifty (350) square feet of cross-sectional area, designed for or occupied as living and sleeping quarters for seasonal occupancy. TOWN BOARD — The Town Board of the Town of Southold. TOWNHOUSE — A dwelling unit in a building containing at least three (3) 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 combina- tion 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 twenty-five percent (25%) is roofed for shelter purposes only, the minimum dimension of which is forty (40) feet and which is available and accessible to all occupants of 3 Editors Note: See also Ch. 88, Tourist and Trailer Camps. 10032 2-25-89 § 100-13 ZONING § 100-13 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 ar- ranged, 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 sub- ordinate to the main use on a lot, whether such "accessory use" is conducted in a principal or accessory building. 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. I 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 i - subdivision plat, and a line drawn parallel thereto... 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. 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 slay 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 speck and uniform regulations govern the use of land and/or the location, size and use of buildings. ZONING BOARD — See "Board of Appeals." ZONING MAP — The map annexed to and made part of this chapter indicating zone boundaries. 10033 5-255-89 § 100-20 SOUTHOLD CODE § 100-21 ARTICLE II Districts § 100-20. District designations. [Amended 7-31-73; 7-1-86 by L.L. No. 6-1986; 1-10-89 by LL 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) 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 R District LIO Light Industrial Park/Planned Office Park District LI Light Industrial District § 100-21. Zoning Map. [Amended 1-10-89 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, shallbe 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. 10034 • 5 - 255 - 89 § 100-22 ZONING § 100-22 § 100-22. District boundaries. In determining the boundaries of districts shown on the Zoning Map, the following rules shall apply: A. Where district boundaries are indicated as approximately following the center lines of streets, highways, waterways or railroad rights-of-way, or such lines extended, such center lines shall be construed to be such boundaries. - B. Where such boundaries are indicated as approximately following the property lines of parks or other publicly owned lands, such lines shall be construed to be such boundaries. C. Unless otherwise shown, all district boundaries running parallel to streets shall be construed to be two hundred (200) feet back from the rights-of-way of said streets. D. In all cases where a district boundary divides a lot in one (1) ownership and more than fifty percent (50°k) of the area of such lot lies in the less restricted district, the regulations prescribed by this chapter for the less restricted district shall apply to such portion of the more restricted portion of said lot which lies within thirty (30) feet of such district boundary. For the purposes of this subsection, the "more restricted district" shall be deemed that district subject to regulations which: (1) Prohibit the use intended to be made of said lot; or (2) Require higher standards with respect to coverage, yards, screening, landscaping and similar requirements. E. In all cases where a district boundary line is located not more than fifteen (15) feet from a lot line of record, such boundary line shall be construed to coincide with such lot line. F. In all other cases where dimensions are not shown on the map, the location of boundaries shown on the map shall be determined by the use of the scale appearing thereon. G. Unless shown on the Zoning Map, all tidal lands and lands under water shall be deemed to be within the use district to which they are contiguous. 10035 -25-89 § 100-23 SOUTHOLD CODE § 100-23 § 100-23. Effect of establishment of districts. Following the effective date of this chapter: A. No building shall be erected, moved, altered, rebuilt or enlarged, nor shall any land or building be used, designed or arranged to be used for any purpose or in any manner, except in conformity with all regulations, requirements and restric- tions specified in this chapter for the district in which such building or land is located. B. No yard or open space required in connection with any building or use shall be considered as providing a required open space for any other building on the same or any other lot. C. No lot shall be formed from. part of a lot already occupied by a building unless such building, all yards and open spaces connected therewith and the remaining lot comply with all requirements prescribed by this chapter for the district in which said lot is located. No.building permit shall.be issued.for the erection of a building on any new lot thus created unless such building and lot comply with all the provisions of this chapter. D. Nothing contained in this chapter shall require any change in the plans, construction or designated use of . a building complying with the Zoning Ordinance in force prior to this chapter if the following is found to exist: (1) A building permit shall have been duly issued and construction shall have been started before the effective date of this chapter. (2) The ground story framework (including the second tier of beams) shall have been completed within six (6) months of the date of the building permit. (3) The entire building shall -have been completed in accordance with such plans as have been filed with the Building Inspector within one (1) year from the effective date of this chapter. E. Any use not permitted by this chapter shall be deemed to be prohibited. Any list of prohibited uses contained in any section of this chapter shall be deemed to be not an exhaustive list but 10036 2-25-89 § 100-23 ZONING § 100-24 to have been included for the purposes of clarity and emphasis. [Amended 1-10-1989 by L.L. No. 1-19891 F. Notwithstanding the limitations imposed by any other provisions of this chapter, no building, dredging or filling operation shall be permitted below the datum of mean . high water of tidal waters unless such building, dredging or filling operations have been duly authorized and are conducted in conformity with all laws, ordinances, rules and regulations of all governmental agencies having jurisdiction thereof.2 § 100-24._ Lot creation. [Added 11-28-1995 by L.L. No. 23-1995] A. A lot created by deed or town approval shall be 1 recognized by the town if any one (1) of the following standards apply and if the lots have not merged: (1) The identical lot was created by deed recorded in the Suffolk County Clerk's office on or before June 30, 1983, and the lot conformed to the minimum lot requirement(s) set forth in Bulk Schedule AA3 as of the date of lot creation. (2) The lot(s) in question .is/are approved ;by the Southold Town Planning Board. (3) The lot(s) in question is/are shown on a subdivision map approved by the Southold Town Board prior to June 30,'1983. rj { (4) The lot(s) in question is/are approved and/or recognized by formal action of the Board of Appeals prior to June 30, 1983. 2 Editor's Note: See also Ch. 32, Boats, Docks and Wharves, and Ch. 97, Wetlands. 3 Editor's Note: Bulk Schedule AA is located a the end of this chapter. 10037 12-25-95 § 100-24 SOUTHOLD CODE § 100-25 B. All lots which are not recognized by the town pursuant to the above section shall not receive any building permits or other development entitlements. C. All lots are subject to the merger provisions of § 100-25. § 100-25. Merger. [Added 11-28-1995 by L.L. No. 23-1995] A. Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of fifty (50) feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements. B. Definitions. "Common ownership" shall mean that the parcel is held by the same person in the same percentage of ownership as an adjoining parcel. C. Exceptions. Lots which are recognized under § 100-24 and meet any of the following categories shall be exempt from the merger provision set forth above and shall not be deemed merged by operation of this chapter: (1) The nonconforming lot has a minimum size of forty thousand (40,000) square feet, or (2) The nonconforming lot obtained a lot size variance from the Zoning Board, or (3) If the lot is not on the maps described in former § 100-12,4 the nonconforming lot has been held in single and separate ownership from July 1, 1983 to date, or 4 Editor's Note: Former § 100-12, Exceptions, was deleted by L.L. No. 23-1995, effective January 1, 1996. 10038 12-25-95 § 100-25 ZONING § 100-26 (4) If the lot is on the maps described in former § 100-12, the nonconforming lot has been held in single and separate ownership from January 1, 1997, to date. D. Proof of merger. The town may require a person seeking determination of merger to provide any or all of the following documents for evaluation: (1) Proof of 'the date when the lot was created and the size of the lot, together with a copy of a legal description of the parcel, all to the satisfaction of the town. (2) A copy of the current tax map and survey of the lot. I` (3) A copy of the original survey of the lot. C—; (4) A title search showing single and separate ownership of the property from July 1, 1983' to the present time, prepared by a Suffolk County title insurance company indemnifying the Town of Southold with twenty-five thousand dollars - ($25,000.) of insurance.' (5) Other additional information or documentation as h' may be deemed necessary. E. Effect , of merger. No building permit or' other development entitlement will be issued by the town until this section has been complied with. The Building De- partrnent will issue a written determination whether a property falls within an exemption to the merger provision. § 100-26. Waiver of -merger. A. If a lot has merged, the Zoning Board of Appeals may waive the merger and recognize original lot lines upon public hearing and upon finding that: (1) The waiver will not result in a significant increase in the density of the neighborhood. 10038.1 12-25-95 § 100-26 SOUTHOLD CODE § 100-30 (2) The waiver would recognize a lot that is consistent with the size of lots in that neighborhood. (3) The waiver will avoid economic hardship. (4) The natural details and character of the and character of the contours and slopes of the lot will not be significantly changed or altered in any manner, and there will not be a substantial filling of land affecting nearby environmental or flood areas. ARTICLE III Agricultural -Conservation (A -C) District and Low -Density Residential R-80, R-120, R-200 and R-400 Districts [Last amended 1-10-1989 by L.L. No. 1-1989] § 100-30. Purpose. The purpose of the Agricultural -Conservation (A -C) District and the Low -Density Residential R-80, R-120, R-200 and R-400 Districts is to reasonably control and, to the extent possible, prevent the unnecessary loss of those currently open lands within the town containing large and contiguous areas of prime agricultural soils which are the basis for a significant portion of the town's economy and those areas with sensitive environmen- tal features, including aquifer recharge areas and bluffs. In addition, these areas provide the open rural environment so highly valued by year-round residents and those persons who support the Town of Southold's recreation, resort and second - home economy. The economic, social and aesthetic benefits which can be obtained for all citizens by limiting loss of such areas are well documented and have inspired a host of govern- mental programs designed, with varying degrees of success, to achieve this result. For its part, the town is expending large sums of money to protect existing farm acreage. At the same time, the town has an obligation to exercise its authority to reasonably regulate the subdivision and development of this land to further the same purposes while honoring the legitimate interests of farmers and other farmland owners. 10038.2 12-25-95 § 100-31 ZONING § 100-31 § 100-31. Use regulations. [Amended 3-14-1989 by L.L. No. 3-1989] In A -C, R-80, R-120, R-200 and R-400 Districts, 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. i (1) One -family detached dwellings, not to exceed one (1) dwelling on each lot. (2) [Amended 5-23-1989 by L.L. No. 8-1989] The i following agricultural operations and accessory uses - thereto, including irrigation, provided that there shall be no storage of manure, fertilizer or other odor- or dust -producing substance or use, except j ! spraying and dusting to protect vegetation, within one hundred fifty (150) feet of any lot line: (a) The raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries. and the seasonal sale of .products grown on the premises, subject to the following special requirements: [1] All buildings for display and retail sales of agricultural and nursery products grown on the premises shall not exceed one thousand (1,000) square feet in floor area or one (1) story in height. Display of produce at a roadside farm stand shall be not less than ten (10) feet from all street and lot lines. Any roadside farm stand in (Cont'd on page 10039) 10038.3 12-25-95 § 100-31 ZONING § 100-31 excess of fifty (50) 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] (Reserved)2 [3] Off-street parking as required in the Parking Schedule' shall be provided and shall be approved by the Planning Board. Any roadside stand in 'existence on the effective date of this subsection must, within one (1) year from such date, comply with the provisions hereof. (b) The keeping, breeding, raising and training of horses, domestic animals and fowl (except ducks)' on lots of ten (10) acres or more. (c) Barns, storage buildings, greenhouses (including plastic covered) 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, school districts, park districts and fire districts. (4) [Added 11-29-1994 by L.L. No. 26-19941 Wineries which meet the following standards: (a) The winery shall be a place or premises on which wine made from primarily Long Island grapes is produced and sold; 2 Editor's Note: Former Subsection A(2)(a)[2], which required signs to comply with § 100-31C(9), was repealed 11-29-1994 by L.L. No. 25.1994. See now Art. XX, Signs. 3 Editor's Note: See § 100-191A for the Parking Schedule. 4 Editor's Note: See also Ch. 41, Ducks. 10039 1-25-95 § 100-31 SOUTHOLD CODE § 100-31 (b) The winery shall be on a parcel on which at least ten (10) acres are devoted to vineyard or other agricultural purposes, and which is owned by the winery owner; (c) The winery structures shall be set back a minimum of one hundred (100) feet from a major road; and (d) The winery shall obtain site plan approval. B. [Amended 12-21-1993 by L.L. No. 27-19931 Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for two-family dwellings and the uses set forth in Subsection B(14) hereof, are subject to site plan approval by the Planning Board: (1) Two-family dwellings not to exceed one (1) such dwelling on each lot. (2) Places of worship, including parish houses (but excluding 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 accessory buildings shall not exceed twenty percent (20%) of the area of the lot. (3) Private elementary or high schools, colleges and other educational institutions, subject to the following requirements: (a) No building shall be less than fifty (50) feet from any street or lot line. 10040 1-25-95 § 100-31 ZONING § 100-31 (b) The total area occupied by all principal and accessory buildings shall not exceed twenty percent (20%) of the area of the lot. (c) Any school shall be a nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively thereunder as such. (d) Any such school shall occupy a lot with an area of not less than five (5) acres plus one (1) acre for each twenty-five (25) pupils for which the building is designed. (4) Nursery schools. (5) Philanthropic, eleemosynary or religious institutions, hospitals, nursing and rest homes or sanatoriums for general medical care, but excluding facilities for the treatment of all types of drug addiction, subject to the following requirements: (a) No building or part thereof or any parking or loading area shall be located within one hundred (100) feet of any street line nor within fifty (50) feet of any lot line. (b) The total area covered by principal and accessory buildings shall not exceed twenty percent (20%) of the area of the lot. (c) The maximum height shall be thirty-five (35) feet or two and one-half (21/2) stories. (d) The entire lot, except areas occupied by buildings or parking or loading areas, shall be suitably landscaped and properly maintained. (e)1 Any nursing home, hospital or sanatorium shall meet the following standards: 1 Editor's Note: Former Subsection B(5)(e), dealing with sufficient exterior lighting, was repealed 12-27-1994 by L.L. No. 30.1994. This local law also provided for the renumbering of former Subsection B(5)(f) as B(5)(e). 10041 2-25-95 § 100-31 SOUTHOLD CODE § 100-31 [1] All buildings shall be of fire -resistive construction. [2] All such uses shall be served by adequate water and sewer systems approved by the Suffolk County Department of Health. [3] Patients suffering from communicable diseases shall not be permitted in any nursing home or sanatorium. (Communicable diseases are defined by the Sanitary Code of the Public Health Council of the State of New York.) [4] Eight thousand (8,000) square feet of lot area shall be provided for each patient bed. (6) Public utility rights-of-way as well as structures and other installations necessary to serve areas within the town, subject to such conditions as the Board of Appeals may impose in order to protect and promote the health, safety, appearance and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed. (7) Beach clubs, tennis clubs, country clubs, golf clubs, public golf courses and annual membership clubs catering exclusively to members and their guests and accessory playgrounds, beaches, swimming pools, tennis courts, recreational buildings and maintenance buildings, subject to the following requirements: (a) No building or part thereof or any parking or loading area shall be located within one hundred (100) feet of any street line or within fifty (50) feet of any lot line. (b) The total area covered by principal and accessory buildings shall not exceed twenty percent (20%) of the area of the lot. 10042 2-25-95 § 100-31 ZONING § 100-31 (c) Such use shall not be conducted for profit as a business enterprise. (d) No such use shall occupy a lot with an area of less than three (3) acres.2 (8) Children's recreation camps organized primarily for rseasonal use and subject to the following I requirements: (a) No building, tent, activity area or recreation facility shall be less than two hundred (200) feet from any lot line, and any such building, tent, activity area or recreation facility shall be effectively screened therefrom as required by the Planning Board. Buildings intended for use as sleeping quarters shall be not less than _ thirty (30) feet from each other, except tents, which shall be not less than ten (10) feet apart. (b) The minimum lot area shall be not less -than ten thousand (10,000) square feet for each cottage, tent or other principal building and not less than three thousand (3,000) square feet of land area shall be provided for each:, -person accommodated in the buildings or tents on the premises. (c)3 The sound level of all outdoor public-address systems shall not exceed the intensity tolerable in a residential neighborhood. (9) Farm labor camps, subject to the following requirements: (a) All farm labor camps on farms shall be construed in conformance with applicable laws Editor's Note: Former Subsection 13(7)(e), dealing with the shielding of the direct source of exterior lighting, was repealed 12.27-1994 by L.L. No. 30-1994. 3 Editor's Note: Former Subsection B(8)(c), dealing with the glare of lights toward nearby property, was repealed 12-27-1994 by L.L. No. 30-1994. This local law also provided for the renumbering of former Subsection 13(8)(d) as BMW. 10043 2-25-95 § 100-31 SOUTHOLD CODE § 100-31 and shall not be located nearer to any other residence than the residence of the employer, except by specific review and approval of the Planning Board. (10) Veterinarian's offices and animal hospitals, subject to the following requirements: (a) The housing of all animals shall be in a fully enclosed structure, if nearer than one hundred fifty (150) feet to any lot line. (11) Cemeteries. (12) Stables and riding academies. (13)4One (1) accessory apartment in an existing one - family dwelling, subject to the following requirements: (a) The accessory apartment shall be located in the principal building. (b) The owner of the existing dwelling shall occupy one (1) of the dwelling units as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy, evidenced by a written lease for a term of one (1) or more years. (Cont'd on page 10045) 4 Editor's Note: Former Subsection B(13), wineries, as amended, was repealed 11.29-1994 by L.L. No. 26-1994, which local law also renumbered former Subsections B(14) and (15) as Subsections B(13) and (14), respectively. 10044 2-25-95 § 100-31 ZONING § 100-31 (c) The existing one -family dwelling shall contain not less than one thousand six hundred (1,600) square feet of livable floor area. (d) The accessory apartment shall contain not less 'than four hundred fifty (450) square feet of livable floor area. (e) The accessory apartment shall not exceed forty percent (40%) of the livable floor area of the existing dwelling unit. (f) A minimum of three (3) off-street -parking spaces shall be provided. (g) Not more than one (1) accessory apartment shall be permitted on a lot. (h) The accessory apartment shall meet the requirements of a dwelling unit as defined in § 100-13 hereof. - j (i) The exterior entry to the accessory apartment shall, to the .maximum extent possible, retain J the existing exterior appearance of a one -family dwelling. All exterior alterations to the existing building, except for access to the apartment, shall be made on the existing foundation. _ (k) The certificate of compliance shall terminate upon the transfer of title by the owner or upon the owner ceasing to occupy one (1) of the dwelling units as the owner's principal residence. In the event of an owner's demise, the occupant of an accessory apartment may continue in occupancy until a new owner shall occupy the balance of the -dwelling or one (1) year from date of said demise, whichever shall first occur. [Amended 5-20-1993 by L.L. No. 6-1993] 10045 3-25-95 § IM -31 SOUTHOLD CODE § 100-31 (1) All conversions shall be subject to the inspection of the Building Inspector and renewal of the certificate of occupancy annually. [Amended 5-20-1993 by L.L. No. 6-19931 (m) The building which is converted to permit an accessory apartment shall be in existence and have a valid certificate of occupancy issued prior to January 1, 1984, or proof of occupancy prior to that date. [Amended 5-20-1993 by L.L. No. 6-19931 (n) The existing building, together with the accessory apartment, shall comply with all other requirements of Chapter 100 of the Town Code of the Town,of Southold. (o) Notwithstanding the provisions of § 100-31B hereof, no site plan approval by the Planning Board shall be required for the establishment of an accessory apartment. (p) Approval by the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. (q) No bed -and -breakfast facilities, as authorized by § 100-31B(14) hereof, shall ;be permitted in or on premises for which an accessory apartment is authorized or exists. [Added .3-14-1989 by L.L. No. 3-19891 (14) [Amended 3-14-1989 by L.L. No. 3-1989; 2-7-1995 by L.L. No. 3-19951 Bed -and -breakfasts which have been issued a bed -and -breakfast permit by the .Building Inspector. Said permit shall be issued for a term of one (1) year if the following conditions are met: (a) A smoke alarm shall be provided on each floor and in every guest room. 10046 3-25-95 § 100-31 ZONING • § 100-31 (b) The dwelling shall have at least two (2) exits and there .shall be a window large enough for emergency egress in each guest room. (c) The identification sign shall be no larger than two (2) square feet in areas zoned Residential - Office or higher, but there shall be no exterior signage identifying the use as a bed -and - breakfast in residential areas. (d) No accessory apartment, as authorized by § 100-31B(13) hereof, shall be permitted in or on premises for which a bed -and -breakfast facility is authorized or exists. C. Accessory uses, limited to the following uses and subject to the conditions listed in § 100-33 herein: (1) Any customary structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter. (2) [Amended 4-9-1991 by L.L. No. 10-1991; 7-28-1992 by L.L. No. 14-19921 Home occupation, including home professional office and home business office. In permitting these uses, the Town Board recognizes that the residents historically have operated small businesses which provide services to the community from their. homes. The Board finds that these businesses have not impacted negatively on the appearance of these residential zones. In the Board's judgment, it finds that in order to maintain the economic viability of the town, to maintain the rural quality of life and in the interests of the welfare of the residents, these businesses (or home occupations) should be permitted to continue. In setting forth the following subsections, the Board intends to permit as of right certain business uses in residential zones with the understanding that these uses are to be conducted in a manner that will not alter the character of the residential neighborhoods. The Board believes that the following subsections 10047 3-25-95 § 100-31 SOUTHOLD CODE § 100-31 provide sufficient safeguards to accomplish that aim. These uses shall be permitted, provided that: (a) No display of products shall be visible from the. street, and no stock -in -trade shall be kept on the premises. (b) Such occupation is incidental to the residential use of the premises and is carried on in the main building by the residents therein with not more than one (1) nonresident assistant for whom off-street parking must be provided on site. (c) Such occupation is carried on in an area not to exceed twenty-five percent (25%) of the area of all floors of the main building, and in no event shall such use occupy more than five hundred (500) square feet of floor area. (d) There shall be no exterior effect at the property 1 line, such as noise, traffic, odor, dust, smoke, gas, fumes or radiation. (e) Studios where dancing or music instruction is offered to groups in excess of five (5) pupils at one (1) time or where concerts or recitals are held are prohibited. (f) In no manner shall the appearance of the building be altered, nor shall the occupation be conducted in a manner that would cause the premises to lose its residential character, including but not limited, to the use of colors, materials, construction or lighting. (g) Notwithstanding anything set forth elsewhere in this Article, home occupations, home business offices and home professional offices shall in no event be deemed to include animal hospitals, kennels, barbershops, beauty parlors, clinics or hospitals, mortuaries, nursery schools, clubs, auto repair shops, restaurants, tourist 10048 3-25-95 § 100-31 ZONING § 100-31 homes, rooming houses or boardinghouses and uses similar to those listed above. (Cont'd on page 10049) 10048.1 3-25-95 § 100-31 ZONING § 100-31 (h)6 Home occupations, home business office and home professional offices shall not include manufacturing, fabrication or construction of any type on the site. W The outdoor storage of equipment necessary for residents connected with aquaculture shall be screened from view and shall conform to the Setbacks for accessory structures. (3) Boat docking facilities for the docking, mooring or accommodation of noncommercial boats, subject to the following requirements: (a) There shall be docking or mooring facilities for no more than two (2) boats other than those owned and used by the owner of the premises for his personal use. (b) The Town Trustees shall approve new boat docking facilities. (c) Boats at such docking facilities shall not be used for overnight sleeping purposes. (4) Garden house, toolhouse, storage building, playhousei wading pool, swimming pool or tennis court incidental to the residential use of the premises and not operated for gain, subject to the following requirements: (a) Any swimming pool shall be completely enclosed with a permanent chain link (or similar type) 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 -latching gate to prevent unauthorized use of the pool and to prevent 6 Editor's Note: Former Subsection C(2)(h), which regulated signs, was repealed 11-29-1994 by L.L. No. 25-1994. Said L.L. No. 25-1994 also redesignated former Subsections C(2)(i) and (j) as Subsections C(2)(h) and (i), respectively. For current sign provisions, see Art. XX, Signs. 10049 1-25-95 § 100-31 SOUTHOLD CODE § 100-31 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 -latching 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. (b) Individual outdoor tennis court related to residential use on a lot containing a single- family detached dwelling, provided that the same is set back not less than six (6) feet from all lot lines and that there is no lighting for after dark use. (5) Private garages; provided, however, that not more than two (2) passenger automobile spaces in such garages may be leased to persons not resident on the premises. (6) Off-street parking spaces accessory to uses on the premises. Not more than four (4) off-street parking spaces shall be permitted within the minimum front yard. (7) The storage of either a boat or travel trailer owned and used by the owner or occupant of the premises on which such boat or. travel trailer is stored, for his personal use, subject to § 100-191Q, Supplemental parking regulations, and the following require- ments: (a) Such boat or trailer shall not exceed thirty (30) feet in length. (b) Such boat or trailer shall be stored only in the required rear yard, and the area occupied thereby, 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. 10050 1-25-95 § 100-31 ZONING § 100-31 (c) Such boat or trailer shall not be located within fifteen (15) feet of any street or lot line. (8) Horses and domestic animals other than household pets, provided that such animals shall not be housed within forty (40) feet of any lot line. Housing for flocks of more than twenty-five (25) fowl shall not be constructed within fifty (50) feet of any line. (9)5 Yard sales, attic sales, garage sales, auction sales or (! similar types of 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 conducted 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 six (6) square feet in size displayed I for a period of not longer than, one (1) week immediately prior to the day of such sale, shall be permitted. (d) A permit shall be obtained therefor from the Town Clerk upon the payment of a,fee of fifteen dollars ($15.). [Amended 8-24-1993 by L.L. No. 18-19931 (e) The display permit issued by the Town Clerk i shall be posted on the premises so it can be read from the street and removed before sundown on the day of the sale. [Added 8-24-1993 by L.L. No. 18-19931 5 Editor's Note: Former Subsection C(9), as amended, which regulated signs, was repealed 11-29-1994 by L.L. No. 25.1994, which local law also renumbered former Subsection C(10) as C(9). For current sign provisions, see Art. XX, Signs. 10051 12-25-95 I § 100-31 SOUTHOLD CODE § 100-33 (10) Wineries may have an accessory gift shop on the premises which may sell items accessory to wine, such as corkscrews, wineglasses, decanters, items for the storage and display of wine, books on winemaking and the region and nonspecific items bearing the insignia of the winery. Wineries may not have a commercial kitchen as an accessory use but may have a noncommercial kitchen facility for private use by the employees. [Added 11-29-1994 by L.L. No. 26-19941 § 100-32. (Reserved)' § 100-33. Accessory buildings. [Amended 4-10-1990 by L.L. No. 6-19901 In the Agricultural -Conservation District and Low -Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Such buildings shall not exceed eighteen (18) feet in height. B. Setbacks. [Amended 7-17-1990 by L.L. No. 14-1990; 2-5-1991 by L.L. No. 2-1991] (1) On lots containing up to twenty thousand (20,000) square feet, such buildings shall be set back no less than three (3) feet from any lot line. (2) On lots containing more than twenty thousand (20,000) square feet up to thirty-nine thousand nine hundred ninety-nine (39,999) square feet, such buildings shall be set back_ no less than five (5) feet from any lot line. 6 Editor's Note: Former § 100.32, Bulk, area and parking regulations, was repealed 11-28-1995 by L.L. No. 23-1995. 10052 12-25-95 § 100-33 ZONING § 100-33 (3) On lots containing in excess of thirty-nine thousand nine hundred ninety-nine (39,999) square feet up to seventy-nine thousand nine hundred ninety-nine (79,999) square feet, such buildings shall be set back no less than ten (10) feet from any lot line. r` (4) On lots containing in excess of seventy-nine thousand nine hundred ninety-nine (79,999) square feet, such buildings shall be set back no less than twenty (20) feet from any lot line. i C.7 In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front -yard setback requirements as set forth by this Code. [Added .12-22-1992 by L.L. No. 33-19921 (Cont'd on page 10054.1) 7 Editor's Note: Former Subsection C, regarding percentage of occupancy of required yard, was repealed 7-17-1990 by L.L. No. 14-1990. 10053 12-25-95 § 100-30A.1 ZONING § 100-30A.2 ARTICLE IIIA Low -Density Residential R-40 District [Added 1-10-1989 by L.L. No. 1-19891 § 100-30A.1. Purpose. The purpose of the Low -Density Residential R-40 District is to provide areas -for residential development where existing neighborhood characteristics, water supply and environmental conditions permit full development densities of approximately one (1) dwelling per acre and where open space and agricultural preservation are not predominate objectives. § 100-30A.2. Use regulations. In an R-40 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) Same as § 100-31A of the Agricultural -Conservation District, except that wineries are excluded. [Amended 11-29-1994 by L.L. No. 26-19941 B. Uses permitted by special exception of 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: (1) Same as § 100-31B of the Agricultural -Conservation District, except that a children's recreation camp, farm labor camp and veterinarian's office and animal hospital are not permitted and bed -and - breakfast uses do not require site plan_ approval. (2) Libraries, museums or art galleries. C. Accessory uses, limited to the following: 10054.1 1-25-95 § 100-30A.2 SOUTHOLD CODE § 100-40 (1) Same as §.100-31C of the Agricultural -Conservation District.. § 100-30A.3. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the Low -Density Residential R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule,10 with the same force and effect as if such regulations were set forth herein in full. § 100-30A.4. Accessory buildings. Accessory buildings shall be subject to the same requirements as § 1007-33 of the Agricultural -Conservation District. ARTICLE IV Hamlet Density (HD) Residential District [Added 1-10-1989 by L.L. No. 1-1989111 § 100-40. Purpose. The purpose of the Hamlet Density (HD) Residential District is to permit a mix of housing types and level of residential density, appropriate to the areas in and around the major hamlet centers, particularly Mattituck, Cutchogue, Southold, Orient and the Village of Greenport. 10 Editor's Note: The Bulk Schedule is included at the end of this chapter, and the' Parking Schedule is in § 100-19M 11 Editor's Note: This local law also repealed former Art. IV, M Light Multiple. Residence District, as amended. 10054.2 1-25-95 § 100-41 ZONING § 100-42 § 100-41. Applicability. The Hamlet Density (HD) Residential District may be designated on the Zoning Map by the Town Board upon its own motion or by petition on parcels within one-half (1/2) mile of a Hamlet Business (HB) District of Mattituck, Cutchogue and Southold Hamlet and within one-fourth (1/4) mile of the Hamlet Business (HB) District of Orient and within one-half (1/2) mile of the boundary of the Village of Greenport. § 100-42. Use regulations. In the HD 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) One -family detached dwelling. (2) Two-family dwelling. 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: (1) Multiple dwellings, townhouses, row or . attached houses. (2) Accessory apartments in single-family residences as set forth in and regulated by § 100-31B(13) of the Agricultural -Conservation District. (3) Bed -and -breakfast uses as set forth in and regulated by § 100-31B(14), without site plan approval." C. Accessory uses, limited to the following: 12 Editor's Note: Former Subsection 13(4), wineries, added 8-1.1989 by L.L. No. 15-1989, was repealed 11-29-1994 by L.L. No. 26-1994. 10054.3 1-25-95 § 100-42 SOUTHOLD CODE § 100-43 (1) Accessory uses as set forth in and regulated by § 100-31C(1) through (7) and (9) of the Agricultural - Conservation District, and subject to conditions set forth in § 100-33 thereof. [Amended 11-29-1994 by L.L. No. 25-19941 (2)13Accessory buildings, structures and other required facilities and equipment necessary to provide community sewers, water, heat, utilities and other community services to all buildings and structures on the premises; provided, however, that the plans for and the location of the same shall be approved by the Planning Board. § 100-43. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the Hamlet Density (HD) Residential District unless the same conforms to the Bulk Schedule and Parking Schedule incorporated into this chapter, with the same force and effect as if such regulations were set forth herein in full. 14 13 Editor's Note: Former Subsection C(2), which regulated freestanding and ground signs, was repealed 11-29-1994 by L.L. No. 25-1994, which local law also renumbered former Subsection C(3) as Subsection C(2). For current sign provisions, see Art. XX, Signs. 14 Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking Schedule is in § 100-191A. 10054.4 1-25-95 § 100-50 ZONING § 100-50 ARTICLE V Affordable Housing (AHD) District [Added 7-1-1986 by L.L. No. 6-1986; amended 11-16-1986 by L.L. No. 14-1986; 1-10-1989 by L.L. No. 1-198915] § 100-50. Purpose. The purpose of the Affordable Housing (AHD) District is to provide the opportunity within certain areas of the town for the development of high-density housing for families of moderate income. (Cont'd on page 10055) 15 Editor's Note: This local law also repealed former Art. V, M-1 General Multiple - Residence District, as amended. 10054.5 1-25-95 § 100-51 ZONING § 100-51 § 100-51. Definitions. For the purpose of this Article, the following terms, phrases and words shall have the following meanings: CONSUMER PRICE INDEX— The consumer price index as published by the United States Department of Labor, Bureau of Labor Statistics, for the New York Metropolitan area. DIRECTOR — The Director of Community Development for the Town of Southold. MODERATE -INCOME FAMILY — A family whose aggregate annual income, including the total of all current annual income of all family members [excluding the earnings of working family members under age twenty-one (21)] from any source whatsoever at the time of application for the purchase or lease of an affordable housing unit or the purchase of an unimproved affordable lot, does not exceed the income specified by resolution of the Town Board. [Amended 3-23-1993 by L.L. No. 3-1993; 4-4-1995 by L.L. No. 5-1995] MODERATE -INCOME FAMILY DWELLING UNIT — A dwelling unit reserved for rent or sale to a -moderate- income family and for which_ the maximum monthly rent (excluding utilities) or the maximum initial sales price does not exceed the maximum rent or maximum sales price set forth in § 100-56E hereof. In no event shall the purchaser of said dwelling unit be responsible for the payment of any utility hookup fees, including those customarily charged for bringing same from the lot line to the dwelling house. [Amended 12-22-1992 by L.L. No. 34-19921 MODERATE -INCOME FAMILY UNIMPROVED LOT — An unimproved lot reserved for sale to a moderate - income family and for which the maximum initial sales price, inclusive of the cost of providing public water and/or public sewer service to the lot, does not exceed the maximum sales price set forth in § 100-56E hereof. Said 10055 4-25-95 § 100-51 SOUTHOLD CODE § 100-53 "unimproved lot" shall mean a vacant parcel of real property designated as a lot on a filed map, inclusive of all utilities brought to the property line. [Amended 12-22-1992 by L.L. No. 34-19921 PERMANENT FIXED IMPROVEMENT — An improvement to a lot or a moderate -income family dwelling unit which cannot be removed without substantial damage to premises or total loss of value of said improvements. UTILITIES — Electric, gas (if provided to the subdivision), telephone and water. Cablevision shall be provided without cost only to the lot line. [Added 12-22-1992 by L.L. No. 34-19921 § 100-52. Applicability. AHD Districts shall be established by application to the Town Board, pursuant to the procedures hereinafter specified, on parcels of land located within the following areas: A. Land within a one -half -mile radius of the post offices located in the Hamlets of Mattituck, Cutchogne, Peconic and Southold. B. Land within a one -fourth -mile radius of the post offices located in the Hamlets of East Marion and Orient. C. Land within one-fourth (1/4) mile of the boundaries of the incorporated Village of Greenport. D. Land in such other areas as shall be designated by Town Board resolution after a public hearing thereon, upon ten (10) days' notice thereof by publication in the official town newspapers. § 100-53. Use regulations. In the AHD District, no building or premises shall be used and no building or part of a building shall be erected or altered 10056 4-25-95 § 100-53 ZONING § 100-53 which is arranged, intended or designed to be used, in whole or in part, for any use except the following: A. Permitted uses. (1) One -family detached dwellings. (Cont'd on page 10057) 11 10056.1 4-25-95 § 100-53 ZONING § 100-55 (2) Two-family dwellings. (3) Multiple dwellings. B. Accessory uses. Accessory uses as set forth in and regulated by § 100-31C(1), (2), (3), (4), (6) and (7) of this chapter. § 100-54. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the AHD District unless the same conforms to the following Bulk, Area and Parking Schedule: BULK, AREA AND PARKING SCHEDULE — " Minimum Single -Family Two -Family Multiple Requirements Dwellings Dwellings Dwellings Thtal lot area (square feet) 10,000 20,000 40,000 Lot width (feet) 80 100 150 _ Lot depth (feet) 100 140 200 Front yard (feet) 35 35 45 1 side yard (feet) 15 15 20 Both side yards (feet) 25 30 40 Rear yard (feet) 35 35 45 Livable floor area (square feet per dwelling) 850 600 600 Off-street parking spaces (per dwelling) 2 2 2 Land area (square feet per dwelling unit) 10,000 10,000 10,000 Single -Family Two -Family Multiple Maximum Permitted Dimensions Dwellings Dwellings Dwellings ' Lot coverage (percent) ' 20% 25% 25% Building height 35 35 35 Number of stories 2% 2y( 2% § 100-55. Application procedure. A. Application procedure. The procedure for planning and zoning approval of any future proposed development in an AHD District shall involve a three -stage review process as follows: (1) Approval by the Town Board of a preliminary develop- ment concept plan. (2) Approval of the final, detailed subdivision plat by the Planning Board.* 10057 1-25-93 § 100-55 SOUTHOLD. CODE § 100-55 (3) The zoning reclassification of a specific parcel or parcels of land for development in accordance with that plan.* *NOTE: The town shall, in all instances, process Subsection A(2) and (3) above concurrently so as to enable the municipality to utilize a single SEQRA process and conduct a coordinated review of the entire application. B. Application to -the Town Board for rezoning approval. Four (4) copies of the application for the establishment of an AHD District shall be filed with the Town Clerk, who shall submit a copy to the Town Board at its next regular- scheduled meeting. The application shall contain at least the following information: (1) The names and addresses of the property owners and all other persons having an interest in. the property-, the name and address of the applicant, if' not the owner; and the names and addresses of any planners, engineers, . architects, surveyors and all other persons or firms engaged or proposed to be engaged to perform work and/ or services with respect to the project described in the ; application. - (2) If the applicant is not the owner of the property, written authorization of the owner or owners authorizing the applicant to submit the application on behalf of the owner or owners. (3) A written statement describing the nature of the proposed project and how it will be designed to fulfill the purposes of this Article, including its consistency with the Town Master Plan; an analysis of the site's relationship to adjoining properties and the surrounding neighborhood; the availability and, adequacy of community facilities and utilities, including public water and public sewer systems, to serve the needs of the project and the residents therein; the safety and capacity of the street system in the area in relation to the anticipated traffic generated; and such other information as deemed necessary by the Town Board and/or the Planning Board to enable them to properly review and act upon the application. 10058 1- 25 - 93 ' § 100-55 ZONING § 100-55 (4) A written statement describing the proposed method of ownership, operation and maintenance of all proposed common utilities, including public water and sewer facilities, and open land located within the proposed development. (5) A preliminary development concept plan for the proposed project, drawn to a convenient scale and including the following information: (a) The total area of the property in acres and square feet. (b) A map of existing terrain conditions, including topography with a vertical contour interval of no more than two (2) feet, identification of soil types (including wetlands), existing drainage features, major rock outcroppings, the extent of .existing wooded -areas and other significant vegetation, and other significant features of the property. (c) A site location sketch indicating the location of the property with respect to neighboring streets and properties, including the names of all owners of property within five hundred (500) feet therefrom, as shown on the last completed town assessment roll. Such sketch shall also show the existing zoning of the property and the location of all zoning district boundaries in the surrounding neighborhood. (d) A preliminary site development plan indicating the approximate location, height and design of all buildings, the arrangement of parking areas and access drives and the general nature and location of all other proposed site improvements, including recreational facilities, landscaping and screening, the storm drainage system, water and sewer connections, etc. (e) A plan showing the number, type and location of all proposed dwelling units and unimproved lots to be reserved for sale or lease to moderate -income 10059 1-25-93 § 100-55 SOUTHOLD CODE §400-55 families and the ratio of the same to all proposed dwelling units and lots in the development. (f) A generalized time schedule for the staging and completion of the proposed project.' (6) [Added 12-22-1992 by L.L. No. 34-1992] Fees. Not- withstanding anything to the contrary, the fees applicable to AHD zoning application processes shall be as follows: (a) There shall be no fee for the submission and consideration of a preliminary development concept plan. (b) The fee for change of zone shall be five hundred dollars ($500.). (c) The subdivision fees shall be assessed in the following manner: fifteen dollars, ($15.) for each proposed dwelling unit or five hundred dollars ($500.), whichever is greater. (d) The applicant shall be responsible for any profession- al review fees necessarily incurred by the town in conducting its coordinated review of the application. C. Referral to Planning Board. Upon the receipt of a property completed application for' the establishment of a new AHD District,. one (1) copy of the application shall be referred to the Planning Board for its review and report, and one (1) copy shall be referred to the Suffolk County Planning Commission for its review and recommendation, if required by the provisions of the Suffolk County Charter. Within sixty (60) days from the date of the Planning Board meeting at which such referral is received, the Planning Board shall report its recommendations to the Town Board. No action shall be taken by the Town Board until receipt of the Planning Board report or the expiration of the Planning Board review 'period, whichever first occurs. Said review period may be extended by mutual consent of the Planning Board and the applicant. L Editors Note: Former Subsection B(5)(g), which set an application fee and which immediately followed this subsection, was deleted 12-22-1992 by LL No. 34-1992. See now Subsection 11(6) below. 10060 1- 25 - 93 § 100-55 ZONING § 104-55 D. Planning Board report. The Planning Board, in its report to the Town Board, may recommend either approval of the application for the establishment of the AHD District, with or without modifications, or disapproval of said application. In the event that the Planning Board recommends disapproval of said application, it shall state in its report the reasons for such disapproval. In preparing its report and recommendations, the Planning Board shall give consideration to the Town Master Plan, the existing and permitted land uses in the area, the i relationship of the proposed design and location of buildings on the site, traffic circulation, both on and off the site, the _ adequacy and availability of community facilities and utilities, including public water and public sewer systems, to service { _ the proposed development, compliance of the proposed development with the standards and requirements of this Article, the then -current need for such housing and such other factors as may be related to the purposes of this Article. E. Town Board public hearing. Within forty-five (45) days from j the date of the Town Board's receipt of the Planning Board's report and recommendation or the expiration of the Planning Board review period, whichever first occurs, the Town Board - shall. hold a public hearing on the matter, of establishing an AHD District on the property described in the application. Such hearing shall be held upon the same notice as required by law for amendments to the Town Zoning Map and/or Zoning Code. F. Town Board action. (1). . Within forty-five (45) days after the date of the close of the public hearing, the Town Board shall act either to approve, approve with modifications or disapprove the preliminary development concept plan and the approval or disapproval of the establishment of the AHD District applied for. Approval or approval with modifications shall be deemed as authority for the applicant to proceed with the detailed design of the proposed development in accordance with such concept plan and the procedures 10061 1 -25-93 § 100-55 SOUTHOLD CODE § 100=55 F and requirements of this Article. A copy of the Town Board's determination shall be filed with the Planning Board and a copy mailed to the applicant. A copy shall also be filed in the Town Clerk's office. If. such determina- tion approves the establishment of a new AHD District, the Town Clerk shall cause the Official Zoning Map to be amended accordingly. (2) Revocation; extension. [Amended 12-22-1992 by L.L. No. 34-1992] (a) Upon request to the Town Board on notice to the applicant and for good cause shown, 'the establish- ment of an AHD District may be revoked eighteen (18) months after said Town Board approval thereof if work on the site has not commenced or the same is not being prosecuted to conclusion with reasonable diligence. (b) The Town Board, upon request of the applicant and upon good cause being shown, may, in the exercise of its discretion, extend the above time period. In the event of the revocation of aproval as herein provided, the AHD District shall be deemed revoked, and the zoning classification of the property affected, thereby shall revert to the zoning classification that existed on the property immediately prior to the establish- ment of the AHD District thereon•, and the Town Clerk shall cause the Official Zoning Map to be amended accordingly. G. Subdivision plat approval by the Planning Board. [Amended 12-22-1992 by L.L. No. 34-1992] (1) No earthwork, site work, land clearing, construction or development activities. shall take place on any property within an AHD District except in accordance with a site plan approved by the Planning Board in accordance with the provisions of this Article and in accordance with the procedures and standards for site plan approval as set forth in Article XXV of this chapter. 10062 1-25-93 § 100-55 SOUTHOLD CODE § 100-56 (2) Where a proposed development involves the subdivision or resubdivision of land, no development shall proceed until the Planning Board has granted final subdivision plat approval in accordance. with the provisions of Chapter A106, Subdivision of Land, of .the Town Code. § 100-56. General regulations and requirements. A. Sewer and water. In an AHD District, public water supply systems and/or public sewage disposal systems shall be provided to serve all dwelling units located therein. - B. Covenants and restrictions. In approving a preliminary development concept plan and/or the establishment of an AHD District, the Town Board shall have the right to require the applicant and/or the owner and all persons having an 1 interest in the premises to execute an agreement, in recordable form, containing such restrictions, covenants, terms and conditions as it deems necessary to accomplish the intent and purposes of this Article. C. Provision for moderate -income family dwelling units and unimproved lots. (1) On land within an AHD District containing ten:,(10) acres or less of land, not less than forty percent (40%) of the dwelling units and/or .unimproved lots located therein shall be reserved for sale or lease to moderate income families. (2) On land within an AHD District containing more than ten (10) acres of land, not less than fifty percent (50%) of _ the dwelling units and/or unimproved lots therein shall be reserved for sale or lease to moderate income families. D. [Amended 5-8-1990 by L.I.. No. 9-1990;12-22-1992 by L.L. No. 34-1992] Eligibility.In each AHD, the sale or lease of dwelling units and unimproved lots reserved for moderate - income families who have not had any ownership interest in any residence or vacant lot for the past five (5) years shall be allocated on a priority basis, in the following order: (Cont'd on page 10063) 10062.1 1 -25-93 § 100-56 ZONING § 100-56 (1) To eligible applicants who have resided and have had primary full-time employment bf either spouse, if applicable, within the Town of Southold for a period of at least one (1) year at the time of their application. (2) To eligible applicants who have either resided or have had primary full-time employment of either spouse, if applicable, within the Town of Southold for a period of at least one (1) year at time of their application. (3) To all other eligible applicants. E. Maximum sales price and monthly rent shall be set by resolution of the Town Board, as amended from time to time. [Amended 3-23-1993 by L.L. No. 3-1993; 4-4-1995 by L.L. No. 5-19951 F. Resale price of dwelling units and unimproved lots. (1) Dwelling units in an AHD District reserved for moderate -income families may be resold to moderate -income families, provided that the maximum resale price does not exceed the purchase price plus the cost of permanent fixed improvements, adjusted for the increase in the consumer price index during the period of ownership of such dwelling unit and such improvements plus reasonable and necessary resale expenses. (2) Unimproved lots in an AHD District reserved for moderate -income families may be resold to moderate -income families, provided that the maximum resale price does not exceed the purchase price of such lot adjusted for the change in the consumer price index for the period during which such lot was owned by the resale seller, plus reasonable and necessary resale expenses. (3) Where an unimproved lot in an AHD District reserved for moderate -income families is improved with a dwelling unit, the maximum resale price 10063 4-25-95 § 100-56 SOUTHOLD CODE § 100-56 shall be determined in the manner specified in § 100-56F(1) hereof. (4) Notwithstanding the provisions of § 100-56F(1), (2) and (3) hereof, the Director may authorize the resale of a dwelling unit or unimproved lot. reserved for moderate -income families at a price in excess of the maximum resale price specified in § 100-56F(1), (2) and (3) hereof, under the following conditions: (a) That the owner of such dwelling unit files an application with the Director requesting approval of such resale, setting forth in detail the calculation for the determination of the maximum resale price, the proposed resale price and such other information and documentation as the Director shall request. (Cont'd on page 10065) 10064 4-25-95 § 100-56 ZONING § 100-57 (b) [Amended 12-22-1992 by L.L. No. 34-1992] That the portion of the resale price in excess of the maximum allowable resale price shall be divided between the resale seller and the. town in the following proportions: Year of Resale Percentage Percentage After Purchase to Owner To Town 1st, 0% 100% 2nd 20% 80% 3rd 40% 60% 4th 60% 40% 5th 80% 20% 6th 90% 10% 7th or beyond 100% 0% (c) All money received by the town pursuant to the provisions of the preceding Subsection F(4xb) shall be deposited in separate accounts and shall be expended only for the purposes of this Article in such manner as shall be determined by the Town Board. § 100-57. Administration. - A. General duties of Director. (1) The Director shall be responsible for the administration of dwelling units and unimproved lots reserved for moderate -income families in all AHD Districts pursuant to the provisions of this Article. (2) The Director shall promulgate and maintain information and documentation of all dwelling units and unimproved lots reserved for moderate -income families in all AHD Districts; the number thereof available for sale or lease at all times; the sales prices and monthly rent for such dwelling units and lots; and the names and addresses of eligible families desiring to purchase or lease the same, together with a priority list of such families. The Director 10065 1 -25-93 § 100-57 SOUTHOLD CODE § 100-57 shall maintain such other records and documents as shall be required to properly administer the, provisions of this Article. B. Interagency cooperation. (1) Whenever the Town Board approves the establishment of an AHD District, a copy of such determination shall be filed with the Building Inspector and the Director, together with a copy of any agreements and/or covenants relating thereto. (2) Whenever the Planning Board approves a subdivision plat and/or a site plan affecting land within an AHD District, a copy thereof shall be filed with the Building Inspector and the Director, together with copies of any agreements and/or covenants relating thereto. (3) Whenever the Building Inspector shall issue a building permit, a certificate of occupancy or any other permit or authorization. affecting dwelling units and/or unimproved lots located in an AHD District and reserved for sale or lease to moderate -income families, a copy thereof shall be filed with the Director. C. Procedure. (1) Whenever the Building Inspector receives an application for a certificate of occupancy fora dwelling unit or unimproved lot located in an AHD District and reserved for sale or lease to moderate -income families, the Building Inspector shall file a copy thereof with the Director, who shall inform the owner and/or person filing such application of the maximum sales price or monthly rent for such dwelling unit or lot as well as eligibility requirements for families seeking to purchase or lease such dwelling units or lots. (2) No certificate of occupancy may be issued by the Building Inspector until the Director has supplied the Building Inspector with the information provided for in the preceding subsection and the Building Inspector determines that the issuance of the certificate of 10066 1 -25-93 § 100-57 ZONING § 100-57 occupancy will not permit a use, occupancy, sale or lease of a dwelling unit or unimproved lot in violation of the provisions of this Article. (3) The Director shall certify the eligibility of all applicants for lease or purchase of dwelling units and unimproved lots reserved for moderate -income families. An owner of LJ dwelling units and unimproved lots in an AHD District which are reserved for sale or lease to moderate -income families shall not sell or lease the same to any person who does not possess a certificate of eligibility issued by the Director. A violation of the provisions of this subsection shall constitute grounds for the revocation of a certificate of occupancy. (4) On or before March 31 of each year, the Director shall notify the owner or manager of dwelling units and unimproved lots reserved for moderate -income families of the monthly rent, sales price and income eligibility. requirements for such units and lots based upon data derived from the preceding year. (5) The owner or manager of dwelling units and unimproved = lots reserved for moderate -income families shall certify in writing to the Director, on or before May 31 of each year, - that the sale and/or lease of such dwelling units and lots _ comply with the provisions of this Article and Chapter 100 of the Town Code. - (6) When a dwelling unit reserved for lease to. moderate - income families is to be rented, the lease for such unit j shall not exceed a term of two (2) years. (7) An applicant for a certificate of eligibility aggrieved by any determination of the Director shall have the right to appeal such determination to the Town Board at its next regularly scheduled work session or to any standing committee of the Town Board designated by resolution to hear such appeals. [Added 12-28-1990 by L.L. No. 31- 19901 10067 1-25-93 § 100-57 SOUTHOLD CODE § 100-60 (8) The only covenants and restrictions which may even be placed upon any lot or dwelling unit in an AHD District must be first approved by action of" the' Town Board. [Added 12-22-1992 by L.L. No. 34-1992] § 100-58. Applicability of other Code provisions. All of the provisions of the Code of the Town of Southold not inconsistent or in conflict with the provisions of this Article shall be applicable in -the AHD District. § 100-59. Penalties for offenses. [Added 12-22-1992 by L.L. No. - 34 -1992] o:34-1992] Any violation of any provision of this Article shall be punishable in the following manner: e A. First offense: by a fine of not less than one thousand dollars ($1,000.) nor more than five thousand dollars ($5,000.). B. Second offense and for any offense thereafter: by a fine of not less than five thousand dollars ($5,000.) and not more than ten thousand dollars ($10,000.)- for each offense. , ARTICLE VI Resort Residential (RR) District. [Added 1-10-89 by M, No. 1-198912] § 100-60. Purpose. The purpose of the Resort Residential (RR) District is to provide opportunity for resort development in waterfront areas or other appropriate areas where, because of the availability of water and/or sewers, more intense development may occur consistent with the density and character of surrounding lands. 12 Editor's Note: This local law also repealed former Art Vl, B Light Business District, as amended. 1006$ I-25-93 9 § 100-61 ZONING § 100-61 § 100-61. Use regulations. In the RR 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 § 100-31A of the Agricultural -Conservation District, except that wineries are excluded. [Amended 11-29-1994 by L.L. No. 26-19941 (2) Bed -and -breakfast uses as set forth in and as regulated by § 100-31B(14). [Added 2-7-1995 by L.L. No. 3-19951 B. [Amended 7-5-1989 by L.L. No. 13-1989; 8-1-1989 by L.L. No. 15-1989; 12-27-1994 by L.L. No: 30-1994; 2-7-1995 by L.L. No. 3-1995] 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 are subject to site plan approval by the Planning Board: (1) Any special exception use set forth in and as regulated by § 100-31B(1), (6), .(7) and (13): of the Agricultural -Conservation District. (2) Marinas for the docking, mooring or accommodation. of noncommercial boats. (3) Yacht clubs. L (4) Transient hotels or motels, resort hotels or motels or conference facilities, provided that the following requirements are met: (a) Minimum parcel size shall be five (5) acres. (b) The maximum number of guest units shall be: 10069 3-25-95 § 100-61 SOUTHOLD CODE § 100-62 [1] . One (1) unit per six thousand (6,000) square feet of land without public water or. sewer. [2] One (1) unit per four thousand (4,000) square feet of land with public water and sewer. (c) No music, entertainment or loudspeaker system shall be audible from beyond the property line. (d) The maximum size of a guest unit shall be six hundred (600) square feet. (5) Tourist camps as regulated by Chapter 88, Tourist and Trailer Camps, of the Town Code. (6) Freestanding restaurants. C. [Amended .5-9-1989 by L.L. No. 6-19891 Accessory -uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (1) Any accessory use set forth in and as regulated by § 100-31C(1) through (7) of the Agricultural - Conservation District. (2)1 Sanitary and laundry facilities. (3) Accessory uses set forth in and as regulated by § 100-42C(2) of the Hamlet Density Residential District. § 100-62. Bulk, area and parking regulations. Except as otherwise provided herein, no buildings or premises shall be used and no building or part thereof shall be 1 Editor's Note: Former Subsection C(2), which regulated signs, was repealed 11-29-1994 by L.L. No. 25.1994, which local law also renumbered former Subsections C(3) and C(4) as Subsections C(2) and C(3), respectively. For current sign provisions, see Art. xx, Signs. 10070 3-25-95 § 100-62 ZONING § 100-71 erected or altered in the Residential RR District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in fu11.2 ARTICLE VII Residential Office (RO) District [Added 1-10-1989 by L.L. No. 1-19893] § 100-70. Purpose. The purpose of the Residential Office (RO) District is to provide a transition area between business areas and low- density residential development along major roads which will provide opportunity for limited nonresidential uses in essentially residential areas. § 100-71. Use regulations. In the Residential Office (RO) 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) One -family detached dwellings, not to exceed one -(1) dwelling on each lot. 1_ (2) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. 2 Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking and Loading Schedules are in §§ 100-191 and 100.192. 3 Editor's Note: This local law also repealed former Art. V11, B-1 General Business District, as amended. 10071 3-25-95 § 100-71 SOUTHOLD CODE § 100-71 (3) Buildings, structures and.uses owned or operated by fraternal organizations and utilized for activities typically conducted by a fraternal organization, including but not limited to public meeting places, charitable and fundraising events, patriotic observances and catering for public and private functions. [Added 11-28-1989 by L.L. No. 22-19891 (4) Bed -and -breakfast uses as set forth in and as regulated by § 100-31B(14). [Added 2-7-1995 by L.L. No. 3-1995] 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, provided that not more than one (1) use shall be allowed for each forty thousand (40,000) square feet of lot area: (1) Special exception uses as set forth in and regulated by § 100-31B(1) through (7) of the Agricultural - Conservation District. (2) Professional offices and business offices. (3) Funeral homes... (4)4 Libraries, museums or art galleries. (5)5 Apartments may be permitted over business and professional offices as regulated by § 100-91B(4)(a) through (f), inclusive. ' [Added 12-12-1989 by L.L. No. 23-19891 C., [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as accessory uses 4 Editor's Note: Former Subsection 11(4), dealing with bed -and -breakfast uses, was repealed 2-7-1995 by L.L. No. 3-1995. This local law also provided for the renumbering of former Subsection B(5) and (6) as Subsection B(4) and (5), respectively. 5 Editor's Note: Former Subsection B(6), regarding wineries, which was added 8-9-1989 by L.L. No. 15-1989 and immediately followed this subsection, was repealed 11-29-1894 by L.L. No. 26-1994. 10072 3-25-95 § 100-71 ZONING § 100-80 and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (1) Accessory uses as set forth in and regulated by § 100-31C(1) through (7) of the Agricultural - Conservation District and subject to the conditions set forth in § 100-33 thereof. (2)6 Accessory uses set forth in and regulated by § 100-42C(2) of the Hamlet Density Residential District. § 100-72. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the Residential Office (RO) District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter, with the same' force and effect as if such regulations were set forth herein in full.7 . ARTICLE VIII Limited Business (LB) District [Added 1-10-1989 by L.L. No. 1-198981 § 100-80. Purpose. The purpose of the Limited- Business (LB) District is to provide an opportunity to accommodate limited business activity along highway corridors, but in areas outside the hamlet central business areas, that is consistent with the rural 6 Editor's Note: Former Subsection C(2), which regulated signs, was repealed 11-29-1994 by L.L. No. 25-1994, which local law also renumbered former Subsection C(3) as Subsection C(2). For current sign provisions, see Art. XX, Signs. 7 Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking and Loading Schedules are in §§ 100-191 and 100-192. 8 Editor's Note: This local law also repealed former Art. VIII, C Light Industrial District, as amended. 10073 3-25-95 § 100-80 SOUTHOLD CODE § 100-81 and historic character of surrounding areas and uses. Emphasis will be placed on review of design features so that existing and future uses will not detract from surrounding uses. The additional uses must generate low amounts of traffic and be designed to protect the residential and rural character of the area. § 100-81. Use regulations. In the LB District, no building 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. [Amended 11-29-1994 by L.L. No. 26-1994] (1) Any permitted use as set forth in and regulated by § 100-31A of the Agricultural -Conservation District except wineries, which shall be as set forth in Subsection A(2)(i) below. (2) The following uses are permitted uses subject to the site plan approval by the Planning Board: (a) Retail businesses complementary to the rural and historic character of the surrounding area, limited to the following: [1] Antique, art and craft shops and galleries. [2] Custom workshops and machine shops. [3] Wholesale or retail - sale and accessory storage and display of garden materials and plants, including nursery operations, provided that the outdoor storage or display of plants and materials does not obstruct pedestrian flow or vehicular traffic and does not occur within three (3) feet of the property line. [4] Libraries or museums. 10074 3-25-95 § 100-81 ZONING § 100-81 (b) Professional and business offices. (c) Funeral homes. (d) Restaurants, except drive-in restaurants. (e) Personal service stores and shops, including barbershops, beauty parlors, professional studios and travel agencies. (f) Repair shops for household, business or 4 personal appliances, including cabinet shops, carpenter shops, electrical shops, plumbing shops, furniture repair shops and bicycle and motorcycle shops, landscaping" and other service businesses. (g) Wholesale and warehousing. i (h) Retail uses supplemental to the service business establishment. (i) Wineries which meet the following standards: [1] Wineries shall be a farm winery licensed under New York State law from which wine made from primarily Long Island grapes is produced and sold. [2] Wineries shall obtain site plan approval. [3] Wineries shall have retail sales on site. (3) Bed -and -breakfast uses as set forth in and as regulated by § 100-31B(14). [Added 2-771995 by i L.L. No. 3-19951 B. [Amended 8-1-1989 by L.L. No. 15-1989; 11-29-1994 by L.L. No. 26-1994; 2-7-1995 by L.L. No. 3-19951 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 are subject to site plan approval by the Planning Board: (1) Any special exception use as set forth in and regulated by §100-31B of the Agricultural - 10075 10-10-95 J § 100781 SOUTHOLD CODE § 100-83 Conservation District, except that wineries are not required to be in connection with a vineyard, and except bed -and -breakfasts. C. [Amended 5-9-1989 by L.L. No. 6-19891 Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed, by Article XX, are subject to site plan review: (1) Any accessory use as set forth in and regulated by § 100-31C(1) through (8) and (10) of the Agricultural -Conservation District, and subject to the conditions set forth in § 100-33 thereof. [Amended 11-29-1994 by L.L. No. 26-1994]1 § 100-82. Bulk, area and parking regulations. Except as otherwise provided herein, no buildings or premises shall be used and no building or part thereof shall be erected .or altered in the LB District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into_ this chapter by reference, with the same force and effect as if such regulations were set forth herein in fu11.2 § 100-83. Front yard setbacks. [Added 8-22-1995 by L.L. No. 18-19951 A. Structures shall be set back_ at least one hundred (100) feet from the right-of-way. B. There shall be an exception to Subsection A if the adjacent parcels are developed, in which case the 1 Editor's Note: Former Subsection C(2), which immediately followed this subsection and regulated signs, was repealed 11.29.1994 by L.L. No. 25-1994. For current sign provisions, see Art. XX, Signs. 2 Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking and Loading Schedules are in H 100-191 and 100-192. 10076 10-10-95 § 100-83 ZONING § 100-83 minimum front yard setback shall be the average of the setbacks of the adjacent parcels. C. A project shall be divided into separate structures so that no single structure shall have more than sixty (60) linear feet of frontage on one (1) street. The setbacks of multiple structures on .a parcel may vary, provided that the average setback of the structures meets the setback required above and all buildings are at least seventy-five (75) feet from the right-of-way. (Cont'd on page 10077) 10076.1 10-10-95 § 100-90 ZONING § 100-91 ARTICLE IX Hamlet Business (HB) District [Added 1-10-1989 by L.L. No. 1-198911] § 100-90. Purpose. The purpose of the Hamlet Business (HB) District is to provide for business development in the hamlet central business areas, including retail, office and service uses, public and semipublic uses,.as well as hotel and motel and multifamily residential development that will support and enhance the retail development and provide a focus for the hamlet area. § 100-91. Use regulations. In the HB 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. [Amended 5-9-1989 by L.L. No. 6-1989; 5-16-1994 by L.L. No. 9-1994; 2-7-1995 by L.L. No. 3-19951 Permitted uses. The following are permitted uses and, except for those uses permitted under Subsection A(1), A(2) and A(19) hereof, are subject to site plan approval by the Planning Board: (1) Any permitted use set forth in and regulated by § 100-31A(1) and (3) of the Agricultural - Conservation District. (2) Any permitted uses as set forth in and as regulated by § 100-42A(2) of the Hamlet Residential District. (3) Boardinghouses and tourist homes. (4) Business, professional and governmental offices. (5) Banks and financial institutions. 11 Editor's Note: This local law also repealed former Art. Ix. C-1 General Industrial District, as amended. 10077 3-25-95 § 100-91 SOUTHOLD CODE § 100-91 (6) Retail stores. (7) Restaurants, excluding formula food and take-out restaurants. [Amended 5-16-1994 by L.L. No. 9-1994] (8) Bakeshops (for on -premises retail sale). (9) Personal service stores and shops, including barbershops, beauty parlors, professional studios and travel agencies. (10) Art, antique and auction galleries. (11) Artists' and craftsmen's workshops. (12) Auditoriums or meeting halls. (13) Repair shops for household, business or personal appliances, including cabinet shops, carpenter shops, electrical shops, plumbing shops, furniture repair shops and bicycle and motorcycle shops. (14) Custom workshops. (15) Bus or train stations. (16) Theaters or cinemas (other than outdoor). (17) Libraries or museums. (18) Laundromats. (19) Bed -and -breakfast uses as set forth in and as regulated by § 100-31B(14). . 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: (1) Any special exception use set forth in and as regulated by § 100-31B(3) to (6) and (13) and (14) of the Agricultural -Conservation District. (2) Multiple dwellings and townhouses. 10078 3-25-95 § 100-91 ZONING § 100-91 (3) Motel and hotel uses as set forth in and regulated by § 100-61B(4) of the Resort Residential (RR) District, - except that minimum lot size shall be three (3) j acres. [Amended 7-31-1990 by L.L. No. 16-19901 (4) [Amended 12-12-1989 by L.L. No. 23-19891 Apartments may be permitted over retail stores and business, professional' and governmental offices, subject to the following requirements: (a) The explicit written approval of the Town Fire Prevention Inspector shall be obtained for the design, location, access and other safety-related elements of every such apartment. No apartment shall be permitted over filling - stations, stores retailing flammable or fume - producing goods, restaurants or other ` businesses with kitchens or other facilities producing intense heat or any other establish- ment which the Fire Prevention Inspector determines to pose a greater -than -average built-in fire risk. (b) The habitable floor area of each apartment shall be at least four hundred fifty (450) square feet, but in no case more than seven hundred fifty (750) square feet. The apartment shall not be located on the first floor of the building, and the apartment shall contain all services for safe and convenient habitation, meeting the New York State Uniform Fire Prevention , and r t Building Code and the Sanitary Code. I. (c) There shall be no more than three (3) apartments created or maintained in any single building. (d) Each apartment, or common hallway servicing two (2) or three (3) apartments, shall have a separate access to the outside of the building, which must be distinct from the access to uses on the first floor. 10079 3-25-95 § 100-91 SOUTHOLD CODE § 100-91 (e) Each apartment shall have at least one (1) on- site off-street parking ' space meeting the standards of this chapter, conveniently located for access to the apartment. (f) Only the owner of the building in which it is proposed to locate the apartment(s) may apply for this special permit. The Board of Appeals shall require that such applicant execute such agreements, contracts, easements, covenants, deed restrictions or other legal instruments running in favor of the town as, upon recom- mendation of the Town Attorney, the Board shall determine to be necessary to ensure that: [1] The apartment, or any proprietary or other interest therein, will not be sold to the tenant or any other party, except as part of a sale of the entire building in which the apartment is located. [2] 'The apartment is made available for year- round rental. [3] The apartment is properly constructed, maintained and used, and unapproved uses are excluded therefrom.- [41 herefrom: [4] Any other condition deemed reasonable and necessary to ensure the immediate and long-term success of the apartment in helping to meet identified housing needs in the community is complied with. (5) Boarding and/or tourist homes as set forth and regulated by § 100-61B(5) of the Resort Residential (RR) District. [Amended 2-7-1995 by L.L. No. 3-1995] (6) Fraternal or social institutional offices or meeting halls. (7) Drinking establishments. 10080 3-25-95 § 100-91 ZONING § 100-91 (8) Public garages. (9) Funeral homes. (10)1Flea markets. [Added 10-17-1995 by L.L. No. 21-1995] (11) [Added 5-16-1994 by L.L. No. 9-19941 Takeout and formula food restaurants, subject to the following requirements: (a) Adequate parking shall be provided in J accordance with that required by Article XIX, Parking and Loading Areas, of this chapter. All ' parking spaces shall be located within reasonable walking distance of the site or three hundred (300) feet, whichever is less. The improvement or development of municipal i parking, may be used to satisfy this requirement. The adequacy of municipal parking shall be determined by the Planning Board as part of its site plan review procedure by conducting a parking survey of the capacity of the existing municipal parking area to accommodate the projected increase in usage due to the introduction of the subject land use. (b) An assessment of the potential traffic impacts of the proposed use must accompany the long environmental assessment form. The appropriate mitigation measures must be incorporated into the site plan. (c) There shall be no counter serving outdoor traffic via a drive-in, drive-through, drive -up, drive-by + or walkup window or door. j(d) Exterior signage shall conform in all respects to Article XX, Signs, of this chapter and, further, may not be lit from within. 1 Editor's Note: Former Subsection B(10), wineries, amended 8-1.1989 by L.L. No. 15-1989, was repealed 11-26-1994 by U. No. 20-1994. 10081 11-25-95. § 100-91 SOUTHOLD CODE, § 100-92 (e) Advertisements, including trademark logos, may not be affixed, painted or glued onto the windows of the business or onto any exterior structures, including waste disposal receptacles and flags. (f) The physical design, including color and use of materials, of the establishment shall be compatible with and sensitive to the visual and physical characteristics of other buildings, public spaces and uses in the particular location. C. [Amended 5-9-1989 by L.L. No. 6-19891 Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are subject to Article XX; are subject to site plan review: (1) Accessory uses as set forth in and regulated by § 100-31C(1) through (7) of the Agricultural - Conservation District, and subject to the conditions set forth in § 100-33 thereo£2 § 100-92. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the HB District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in fu11.3 2 Editor's Note: Former Subsection C(2) and (3), which regulated signs, were repealed 11.29.1994 by L.L. No. 25-1994. For current sign provisions, see Art. xx, Signs. 3 Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking and Loading Schedules are in H 100-191 and 100-192. 10082 11-25-95 § 100-93 ZONING § 100-101 § 100-93. Uses confined to enclosed buildings. All uses permitted in the HB District, including the display and sale of merchandise and the storage of all property, except living plants, shrubs and trees, shall be confined to fully enclosed buildings on the premises. ARTICLE X General Business (B) District [Added 1-10-1989 by L.L. No. 1-198915] § 100-100. Purpose. The purpose of the General Business (B) District is to provide - for retail and wholesale commercial development and limited office and industrial development outside of the hamlet central business areas, generally along major highways. It is designed to accommodate uses that benefit from large numbers of motorists, that need fairly large parcels of land and that may involve characteristics such as heavy trucking and noise. § 100-101. Use regulations. In the B 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. [Amended 5-9-1989. by- L.L. No. 6-19891 Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) hereof, are subject to site plan approval by the Planning Board: (1) -Any permitted use set forth in and regulated by § 100-31A(2). and (3) of the Agricultural - Conservation District. 15 Editor's Note: This local law also repealed former Art. x, Tourist Camps, Camp Cottages and Trailers. 10083 3-25-95 § 100-101 SOUTHOLD CODE § 100-101 (2) Any permitted use set forth in and regulated by § 100-91A(3) to (19) of the Hamlet Business District. [Amended 2-7-1995 by L.L. No. 3-1995] (3) Wholesale businesses, warehouses and building material storage and sale, but excluding storage of coal, coke, fuel oil or junk. (4) Building, electrical and plumbing contractors' businesses or yards. (5) Cold storage plants, baking and other food processing and packaging plants that are not offensive, obnoxious or detrimental to neighboring uses by reason of dust, smoke, vibration, noise, odor or effluent. (6) Wholesale or retail sale and accessory storage and display of garden materials, supplies and plants, including nursery operations, provided that the outdoor storage or display of plants and materials does not obstruct pedestrian flow or vehicular traffic and does not occur within three (3) feet of the property line. (7) Wholesale/retail beverage distribution. (8) Funeral homes. (9) Train or bus stations. (10) Telephone exchanges. (11) [Added 11-29-1994 by L.L. No. 26-19941 Wineries which meet the following standards: (a) It shall be a farm winery licensed under New York State law from which wine made from primarily Long Island grapes is produced and sold. (b) It shall obtain site plan approval. 10084 3-25-95 § 100-101 ZONING § 100-101 (c) It shall have retail sales on site. 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 (Cont'd on page 10085) 10084.1 3-25-95 § 100-101 ZONING § 100-101 provided, subject to site plan approval by the Planning Board: (1) Any special exception use as set forth in and regulated by § 100-31B(2) to (12), except wineries are not required to be in connection with a vineyard. [Amended 8-1-1989 by L.L. No. 15-19891 (2) Hotel or motel uses as set forth. in and regulated by § 100-61B(4) of the Resort Residential (RR) District, except that the minimum lot size shall be three (3) acres. [Amended 8-13-1991 by L.L. No. 19-19911 (3) Bed -and -breakfast enterprises or boarding and/or tourist homes as set forth in and regulated by § 100-31B(14) of the Agricultural -Conservation District, except that no site plan approval is required. (4) Tourist camps as regulated by Chapter 88, Tourist and Trailer Camps, of the Town Code. (5) Research, - design or development laboratories, provided that any manufacturing shall be limited to prototypes and products for testing. i (6) Fully enclosed commercial recreation facilities, - including but not limited to tennis clubs, skating rinks, paddle tennis, handball and squash facilities, dance halls, billiard parlors, bowling alleys, health spas -and clubs and uses normally accessory and incidental to commercial recreation, such as locker rooms, eating and drinking facilities and retail sale of goods associated with the particular activity. (7) Laundry or dry-cleaning plants, subject to the following conditions: (a) All processes and storage shall be carried on within an enclosed building. (b) All fluids used in processing shall be recycled, and the overall facility shall be designed, 10085 1-25-95 § 100-101 SOUTHOLD CODE § 100-101 located and operated to protect surface waters and the groundwater reservoir from pollution. (8) Fraternal or social institutional offices or meeting halls (nonprofit). (9) Take-out restaurants, provided that eating on the premises of the take-out restaurant shall be permitted only inside the structure or in areas specifically designated and properly maintained outside of the structure and where the minimum lot size for a freestanding structure- is forty thousand (40,000) square feet. [Amended 5-16-1994 by L.L. No. 9-1994] (10) Drinking establishments. (11) Automobile laundries. (12) Public garages, gasoline service stations, new and used motor vehicle lots, vehicle sales and rental, including the sale of recreation vehicles and trailers and boat sales, with accessory repair facilities, 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) Sale of used vehicles or boats -shall be conducted only as accessory to the sale of new vehicles or boats. (c) Vehicle lifts or pits, dismantled automobiles, boats and vehicles and all parts or supplies shall be located within a building. (d) All service or repair of motor vehicles, other than suchminor servicing as change of tires or 10086 1-25-95 § 100-101 ZONING § 100-101 sale of gasoline or oil, shall be conducted in a building. (e) 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. (f) No gasoline or fuel pumps or tanks shall be located less than fifteen (15) feet from any street or property line. i (g)7 No gasoline service or repair shops or similar businesses are to be located within three hundred (300) feet of a church, public school, library, hospital, orphanage or rest home. (13) Partial self-service gasoline service stations, subject to all of the provisions of § 100-101B(12) herein and the following additional requirements: (a) Each .partial self-service gasoline facility shall have a qualified attendant on duty whenever the station is open for business. It shall be the duty of the qualified attendant to control and operate both the console regulating the flow of gasoline to the dispensing equipment thereafter to be operated by the customer at the self- service pump island and the dispensing f equipment on the other pump islands. 1 (b) Gasoline shall at no time be dispensed without the direct supervision of the qualified attendant. A control shall be provided which will shut off the flow of gasoline to the dispensing equipment at the self-service pump island whenever the qualified attendant is absent from the control console for any reason 7 Editor's Note: Former Subsection B(12)(g), dealing with restrictions on outdoor area lighting, was repealed 12-27-1994 by L.L. No. 30-1994. This local law also provided for the renumbering of former Subsection B(12)(h) as B(12)(g). 10087 2-25-95 § 100-101 SOUTHOLD CODE § 100-101 whatever, including . when he is operating the dispensing equipment on the other pump islands. (c) The console regulating the flow of gasoline to the remote dispensing equipment thereafter operated by the customer at the self-service pump island shall be situated in such a manner as to give the qualified attendant controlling said console an unobstructed view of the operation of said remote dispensing equipment. (d) The self-service pump island shall have controls on all pumps that will permit said pumps to operate only when a dispensing nozzle is removed from its bracket on the pump and the switch for this pump is manually operated. (e) The self-service pump island shall be protected by an automatic fire -protection system in the form of an approved system of dry powder release which will act as an automatic fire extinguisher. (f) - No customer shall be permitted to dispense gasoline unless he shall possess a valid motor vehicle operator's license. (g) There shall be no latch -open device on any self- service dispensing nozzle. (14) Private transportation service, including garage and maintenance facilities. (15) One -family detached dwellings, not to exceed one (1) dwelling on each lot. [Added 7-13-1993 by L.L. No. 11-1993] (Cont'd on page 10089) 10088 2-25-95 § 100-101 - ZONING § 100-101 (16) [Added' 5-16-1994 by L.L._ No. .9-19941 Formula food restaurants located within a shopping center in this zone, subject to the following requirements; (a) There must be sufficient parking as provided for by the Article XIX, Parking and Loading Areas, of this chapter, and such parking area shall be available within the shopping center site to accommodate the use. (b) The operation of the establishment shall not create traffic problems. + i (c) There shall be no counter serving outdoor traffic via a drive-in, drive-through, drive -up, drive-by or a walkup window or door. —� (d) Exterior signage shall confoim in all respects to Article XX, Signs, of this chapter and, further,, may not be lit from within. i (e) Advertisements, including trademark logos, may not be affixed, painted or glued onto the windows of the business or onto. any exterior structure, including waste disposal, receptacles and flags. (f) The signage must conform to the existing color theme and signage style of the shopping center. (g) The existing exterior architectural style of the shopping center building may not be. altered or modified in any way to accommodate the proposed use. (h) The use must be located within the shopping center's main primary building complex and may not be located within a single freestanding structure within the shopping center site. (17) Flea markets. [Added 10-17-1995 by L.L. No. 21-1995] 10089 11-25-95 § 100-101 SOUTHOLD CODE § 100-103 C. [Amended 5-'9=1989 .by L.L. No. 6-19891 Accessory uses. The following uses -.-are permitted as accessory uses and, -except for residential- accessory uses and signs, which are governed by Article XX, are subject to site plan review: (1) Accessory uses set forth in and as regulated by § 100-31C(1) through (8) and (10) of the Agricultural -Conservation District, subject to the conditions set forth in § 100-33 thereof. [Amended 11-29-1994 by L.L. No. 26-19941 (2)4 Open storage of materials or equipment, provided that such storage shall be at least twenty-five (25) feet from any lot line, not be more than six (6) feet high and be suitably screened by a solid fence or other suitable means of at least six (6) feet in height. § 100-102. 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 District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full.' § 100-103. Front yard setbacks. [Added 8-22-1995 by L.L. No. 18-19951 A. Structures shall be set back at least one hundred (100) feet from the right-of-way. 4 Editor's Note: Former Subsections C(2) and (3), which regulated signs, were repealed 11-29-1994 by L.L. No. 25-1994, which local law also renumbered former Subsection C(4) as Subsection C(2). For current sign provisions, see Art. XX, Signs. 5 Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking and Loading Schedules are in H 100.191 and 100-192. 10090 11-25-95 § 100-103 ZONING § 100-110 B. There shall be an exception to Subsection A if the adjacent parcels are developed, in which case the minimum front yard setback shall be the average of the setbacks of the adjacent parcels. C. A project shall be divided into separate structures so that no single structure shall have more than sixty (60) linear feet of frontage on one (1) street. The setbacks of multiple structures on a parcel may vary, provided that the average setback of the structures meets the setback required above and all buildings are at least seventy-five (75) feet from the right-of-way. ARTICLE XI Marine I (MI) District [Added 1-10-1989 by LL. No. 1-19896] § 100-110. Purpose. The purpose of the Marine I (MI) District is to provide a waterfront location for a limited range of water -dependent and (Cont'd on page 10091) - 6 Editor's Note: This local law also repealed former Art. XI, General Regulations, as aamended. 10090.1 11-.25-95 § 100-110 ZONING § 100-111 water -related uses, which are those uses which require. or benefit from direct access to or location in marine or tidal waters but which are located within the town's tidal creeks or natural coves. § 100-111. Use regulations. In" an MI 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. [Amended 5-9-1989 by L.L. No. 6-19891 Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) hereof, are subject to site plan approval by the Planning Board: (1) One (1) one -family detached dwelling per single and separate lot of record in existence as of the date of adoption of this Article. (2) Marinas for the docking, mooring and accommodation of recreational or commercial boats, - including the sale of fuel and oil primarily for the use of boats accommodated in such marinas. (3) Boat docks, slips, piers or wharves for pleasure or - fishing trips or for vessels engaged in fishery or shellfishery: f (4) Boatyards for building, storing, repairing, renting, - selling or servicing boats, which may include the following as an accessory use: office for the sale of marine equipment or products, dockside facilities for dispensing of fuel and, where 'pumpout stations are provided, rest room and laundry facilities to serve overnight patrons. (5) Boat and marine engine repair and sales and display, yacht brokers and marine insurance brokers. m 10091 1-25-95 § 100-111 SOUTHOLD CODE § 100-112 (6) Buildings, structures and uses owned.or operated by the Town of Southold, school districts, park districts and fire districts. (7) Retail sale or rental of fishing, diving or bathing supplies and equipment if accessory to a marina or boatyard or ship's loft or chandlery. 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: (1) Beach clubs, yacht clubs or boat clubs, including uses accessory to them, such as swimming pools, tennis courts and racquetball facilities. (2). Mariculture or aquaculture operations or research and development. C. [Amended 5-9-1989 by . L.L. No. 6-19891 Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (1) Accessory uses as set forth in and regulated by § 100-31C(1) through (7) of the Agricultural - Conservation District, and subject to the conditions of § 100-33 thereof.33 § 100-112. Bulk, area and parking regulations. No building shall be used and no building or part thereof shall be erected or altered in the MI District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the 33 Editor's Note: Former Subsection C(2), which regulated signs and immediately followed this subsection, was repealed 11-29.1994 by L.L. No. 25-1994. For current sign provisions, see Axt. XX, Signs. 10092 1-25-95 § 100-112 ZONING § 100-121 same force and effect if such regulations were set forth herein in fUH.3 ARTICLE XIIS5 Marine H (MIM District [Added 1-10-1989 by LL. No. 1-19891 § 100-120. Purpose. The purpose of the Marine II (MII) District is to provide a waterfront location for a wide range of water -dependent and water -related uses, which are those uses which require or benefit from direct access to or location in marine or tidal waters and which, in general, are located on major waterways, open bayfronts or the Long Island Sound. § 100-121. Use regulations. In the MII 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 [one (1) use per eighty thousand (80,000) square feet of land above mean high water, unless otherwise specified]: A. [Amended 5-9-1989 by L.L. No. 6-1989] Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) hereof, are subject to site plan approval by the Planning Board: (1) One (1) one -family detached dwelling per single and separate lot of record in existence as of the date of adoption of this Article. 34 Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking and Loading Schedules are in H 100-191 and 100.192. 35 Editor's Note: Former Art XII, Board of Appeals, was renumbered as Art. XXVII 1-10-1989 by L.L. No, 1-19119, 10093 1-25-95 § 100-121 SOUTHOLD CODE § 100-121 (2) Marinas for the docking, mooring and accommodation of recreational or commercial boats, including the sale of fuel and oil primarily for the use of boats accommodated in such marina. (3) Boat docks, slips, piers or wharves for charter boats carrying passengers on excursions, pleasure or fishing trips or for vessels engaged in fishery or shellfishery. (4) Beach clubs, yacht clubs or boat clubs, including uses accessory to them, such as swimming pools, tennis courts and racquetball facilities. (5) Boatyards for building, storing, repairing, renting, selling or servicing boats, which may include the following as an accessory use: office for the sale of marine equipment or products, dockside facilities for dispensing of fuel and, where pumpout stations are provided, rest room and laundry facilities to serve overnight patrons. (6) Mariculture or aquaculture operations or research and development. (7) Boat and marine engine repair and sales and display, yacht brokers or marine insurance brokers. (8) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. (9) Retail sale or rental of fishing, diving or bathing supplies and equipment if accessory to a marina or boatyard or ship's loft or chandlery. 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: (1) Restaurants, excluding outdoor counter service, drive-ins or curb -service establishments. Such 10094 1-25-95 § 100=121 ZONING § 100-121 prohibition shall not prevent service at tables on a covered or uncovered terrace or porch incidental to a restaurant. (2) Ferry terminals. (3) Transient hotels or motels, subject to the following conditions: (a) The minimum area for such use shall be not less than three (3) acres. (b) The number of guest rooms permitted in the hotel or motel shall be determined by the proportion of the site utilized for such use and the availability of public water and sewer. The maximum number of guest units shall be one (1) unit per four thousand (4,000) square feet of land with public water and sewer. (4) Fish processing .plants. (5) Fish markets, which may include a combination'of wholesale and retail sale of finfish and shellfish. (6) Museums with a nautical theme or art galleries. C. (Amended 5-9-1989 by L.L. No. 6-19891 Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (1) Accessory uses as set forth in and regulated by § 100-31C(1) through (7) of the Agricultural - Conservation District, and subject to the conditions of § 100-33 thereof.36 36 Editor's Note: Former Subsection C(2), which regulated signs and immediately followed this subsection, was repealed 11-29-1994 by L.L. No. 25-1994. For current sign provisions, see Art. XX, Signs. 10095 1-25-9.5 § 100-122 SOUTHOLD CODE § 100-131 § 100-122. Bulk, area and parking. regulations. No building shall be used and no building or part thereof shall be erected or altered in the MII District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect if such regulations were set forth herein in full.37 ARTICLE XIII Light Industrial Park/Planned Office Park (LIO) District [Added 1-10-1989 by L.L. No. 1-1989311 § 100-130: Purpose. The purpose of the.Light Industrial Park/Planned Office Park (LIO) District is to provide opportunity for the location of business and professional offices, research facilities, industrial uses and similar activities in an open, campus -like setting in areas which are not appropriate for commercial activity or low-, density residential development. In this area, such uses can be established in an attractive environment and serve both as a means of preserving the. open qualities of an area and providing an area adjacent to hamlet areas where such uses can be appropriately developed with suitable protection for ground - and surface waters. All uses must conform to Suffolk County Health Department standards. § 100-131. Use regulations. In the LIO District, no building or premises shall be used and no building or part of a building shall be erected or altered 37 Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking and Loading Schedules are in H 100-191 and 100-192. 31 Editor's Note: This local law also repealed former Art. XIII, Site Plan Approval, as amended. For current provisions, see Art. XXV, Site Plan Approval. 10096 1-25-95 § 100-131 ZONING § 100-131 which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. [Amended 5-9-1989 by L.L. No. 6-19891 Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) hereof, are subject to site plan approval by the Planning Board: (1) Any permitted uses set forth in and as regulated by § 100-31A(2) and (3) of the Agricultural - Conservation District. (2) Any permitted uses set forth in and as regulated by § 100-101A(3) to (5) of the General Business ? District. (3) Office buildings for businesses, governmental and professional uses, including administrative training, data processing, publication, financial and sales offices. (4) Telephone exchanges. (5) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. v (6) Wineries as regulated by § 100-101A(11):: [Added 11-29-1994 by L.L. No. 26-1994] B. Uses permitted by special exception of 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: (1) Any special exception use set forth in and as regulated by § 100-101B(5), (7) and (10) of the General Business District. (2) Light industrial uses involving the fabrication, reshaping, reworking, assembly or combining of products from previously prepared materials and which do not involve the synthesis of chemical or 10096.1 1-25-95 § 100-131 SOUTHOLD CODE § 100-131 chemical products other than for pharmaceutical or research purposes or the processing of any raw materials except agricultural raw materials. Such uses may include industrial operations such as electronic,, machine parts and small component assembly, as opposed to heavy industrial operations such as automobile assembly or milling activities, and will be subject to the following conditions: - (a) No such process or operation shall involve the handling, storage or discharge of explosives or permit upon the premises any virus or other 'type of infectious organisms identified with - diseases of animals or humans. (b) No offensive noises, gases, fumes, smoke, odors, dust, effluent or vibrations shall emanate from -- such use _ and no waste products shall be discharged therefrom of a character to create a nuisance or to be injurious to health or to negatively impact groundwater. (c) Such processes shall involve the use of only oil, gas or electricity for fuel. (3) Conference facilities, subject to the following conditions: (a) Where rooms are provided for conference attendees, said rooms are permitted as set forth and regulated by § 100-61B(4) of the Resort Residential (RR) District. [Amended 5-23-1989 by L.L No. 7-19891 (4) Public utility structures and uses. (5) Printing or publishing plants. (6) Truck or bus terminals (garages, parking facilities, loading docks, etc.). (7) Food processing and packaging plants, not including fish processing plants. 10096.2 1-25-95 § 100-131 ZONING § 100-131 (8) Wholesale and retail sales and repair of boats and marine items. (9) Boat building, boat servicing and boat storage. facilities. (10) Restaurants. (11) Sauerkraut manufacturing plants. (12) Basic Utility Stage II airport, subject to the following conditions: (a) Minimum parcel size shall be one hundred (100) acres.6 C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (1) Accessory uses on the same lot with and customarily incidental to any permitted or special exception use and not involving a separate business. (2)7 Full enclosed storage facilities incidental to the Y g principal use. (3) Open storage as set forth in and regulated by § 100-101C(2) of the General Business District. (4) Indoor and outdoor recreation facilities for the exclusive use of executives and employees of the principal use and their families. i' j . 6 Editor's Note: Former Subsection B(13), dealing with bed-and-brealdast uses, which - immediately followed this subsection, was repealed 2.7-1995 by L.L. No. 3-1995. Former Subsection B(14), wineries, which immediately followed former Subsection B(13), was repealed 11-29-1994 by L.I.- No. 26-1994. 7 Editor's Note: Former Subsection C(2) and (3), which regulated signs, were repealed 11-29-1994 by L.I.. No. 25-1994, which local law also renumbered former Subsection C(4) through (11) as Subsection C(2) through (9), respectively. For current • provisions regarding signs, see Art. xS, Signs. 10096.3 10-10-95 § 100-131 SOUTHOLD CODE § 100-133 (5) In-service - training schools for employees of the principal use. (6) Private garages for the storage and service of motor vehicles owned by the owner of the principal use or the executives or employees thereof, or visitors thereto, including the sale of them, but not to the public generally of gasoline, oil and minor, accessories. (7) Central heating and power plants, accessory to the principal use and the service of all structures on the premises. (8) Maintenance and utility shops incidental to the principal use. (9) Off-street parking and loading. Said areas shall not be nearer than fifty (50) feet to any lot line or street and, if generally adjacent to any street or any residence district, shall be suitably screened by a landscaped strip of at least ten (10) feet in width. § 100-132. Bulk, area and parking. regulations. No building or premises -shall be used and no building or part thereof shall be erected or altered in the LIO Light Industrial Park/Planned Office Park District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full.8 § 100-133. Front yard setbacks. [Added 8-22-1995 by L.L. No. 18-19951 A. Structures shall be set back at least one hundred (100) feet from the right-of-way. 8 Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking and Loading, Schedules are in §§ 100-191 and 100-192. 10096.4 ILO -10-95 § 100-133 ZONING § 100-141 B. There shall be an exception to Subsection A if the adjacent parcels are developed, in which case the minimum front yard setback shall be the average of the setbacks of the adjacent parcels. C. A project shall be divided into separate structures so that no single structure shall have more than sixty (60) linear feet of frontage on one (1) street. The setbacks of multiple structures on a parcel may vary, provided that - the average setback of the structures meets the setback i required above and all buildings are at least seventy-five (75) feet from the right-of-way. ARTICLE Y -W Light Industrial (LI) District [Added 1-10-1989 by L.L. No. 1-1989] § 100-140. Purpose. The purpose of the Light Industrial (LI) District is to provide an opportunity for business and industrial uses on smaller lots than would be appropriate for the LIO Light Industrial Park/Planned Office Park District. § 100-141. Use regulations. In the LI 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. [Amended 5-9-1989 by L.L. No. 6-1989] Permitted uses. The following uses are permitted uses and,, except for those uses permitted under Subsection_ A(1) hereof, are subject to site plan approval by the Planning Board: 9 Editor's Note: Former Art. XIV, Administration and Enforcement, was renumbered as Art. XXVM 1-10-1989 by LL No. 1.1989. 1 10096.5 10-10-95 § 100-141 SOUTHOLD CODE § 100-141 (1) Any permitted uses set forth in and as regulated by § 100-31A(2) and (3-) - of the Agricultural - Conservation District. (2) Any permitted uses set forth in and as regulated by § 100-131A(2) to (5) of the Light Industrial Park/Planned Office Park District. (3) Wineries as regulated by § 100-101A(11).. [Added 11-29-1994 by L.L. No. 26-19941 B. Uses permitted by special exception of 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: (1) Any special exception use set forth in and as regulated by § 100-131B(1) to (11) of the Light Industrial Park/Planned Office Park District." C. [Amended 5-9-1989 by L.L. No. 6-19891 Accessory usbs.' The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (1) Accessory uses on the same lot with and customarily incidental to any permitted or special exception use and not involving a separate business. (2)11Accessory uses as set forth in and as regulated by § 100-131C(5) through (8) of the Light Industrial Park/Planned Office Park District. 10 Editor's Note: Former Subsection B(2), dealing with bed-and-brealdast uses, which immediately followed this subsection, was repealed 2-7-1995 by L.L. No. 3-1995. Former Subsection B(3), wineries, which immediately followed former Subsection B(2), was repealed 11-29-1994 by L.L. No. 26-1994. 11 Editor's Note: Former Subsection C(2) and (3), which regulated signs, were repealed 11-29-1994 by L.L. No. 25.1994, which local law also renumbered former Subsection C(4) as C(2). For current sign provisions, see Art, xx, Signs. 10096.6 10-10-95 § 100-142 ZONING § 100-143 § 100-142. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the LI Light Industrial District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect � as if such regulations were set forth herein in fu11.12 § 100-143. Front yard setbacks. [Added 8-22-1995 by L.L. No. 18-19951 A. Structures shall be set back at least one hundred (100) feet from the right-of-way. B. There shall be an exception to Subsection A if the adjacent parcels are developed, in which case the minimum front yard setback shall be the average of the setbacks of the adjacent parcels. C. A project shall be divided into separate structures so that no single structure shall have more than sixty (60) linear feet of frontage on one (1) street. The setbacks of multiple structures on a parcel may vary, provided that the average setback of the structures meets the setback - required above and all buildings are at least seventy-five (75) feet from the right-of-way. 12 Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking and Loading Schedules are in H 100-191 and 100-192. 10096.7 10-10-95 § 100-150 SOUTHOLD .CODE § 100-151 ARTICLE XV13 Density, Minimum Lot Size and Bulk Schedules [Added 1-10-1989 by L.L. No. 1-1989] § 100-150. Repeal of existing schedule; incorporation of new schedules. The existing Bulk and Parking Schedule incorporated into this chapter by reference is hereby repealed, and the Density, Minimum Lot Size and Bulk Schedules hereinafter set forth are substituted in place thereof" § 100-151. Conformance required. Except as otherwise provided in this chapter, no building or premises shall be used or occupied and no building or structure or part thereof shall be erected or altered in a use district unless the same conforms to the Density and Minimum Lot Size Schedules and the Bulk Schedules hereinafter set forth.15 ARTICLE XVI (Reserved) ARTICLE XVII (Reserved) 13 Editor's Note: Former Art. XV, Amendments, was renumbered as Art. X= 1.10-1989 by L.L. No. 1.1989. 14 Editor's Note: The Density, Minimum Lot Size and Bulk Schedules are included at the end of this chapter. 15 Editor's Note: The Density, Minimum Lot Size and Bulk Schedules are included at the end of this chapter. 10096.8 10-10-95 § 100-180 ZONING § 100-180 ARTICLE XVIII Cluster Development [Added 1-10-1989 by L.L. No. 1-19891 § 100-180. Purpose. The purpose of this Article is to encourage flexibility and innovation in the design of residential development that cannot be achieved on many sites through adherence to traditional zoning and subdivision regulations. Further, the application of i the cluster development -technique is intended to achieve: A. Maximum reasonable conservation of land and -- protection of groundwater supply and groundwater recharge areas. B. Preservation of agricultural activity by encouraging retention of large continuous areas of agricultural use. (Cont'd on page 10097) 0 10096.9 10-10-95 § 100-180 ZONING § 100-181 . C. Variety in type and cost of residential development, thus increasing the choice of housing types available to town residents. D. Preservation of trees and outstanding natural features, prevention of soil erosion, creation of usable open space and recreation areas and preservation of scenic qualities of open space. E. A shorter network of streets and utilities and more efficient use of energy than would be possible through strict application of standard zoning. r § 100-181. Applicability. A. On lots of ten (10) or more acres in the Agricultural - Conservation, the R-40 and R-80 Districts and the Low - Density Residential R-120, R-200 -and R-400 Districts, - clustering will be required, subject to the following conditions: - (1) The residential use will be single-family detached homes for lot sizes of thirty thousand (30,000) square feet or larger and detached or attached houses for lot sizes less than thirty thousand (30,000) square feet. I .(2) The density of these homes will be as specified in the particular district and determined as indicated in Subsection C below. (3) The minimum lot size shall be: (a) Without public water and sewer: thirty thousand (30,000) square feet. (b) With public water: twenty thousand (20,000) square feet. I (c) With public water and sewer: ten thousand (10,000) square feet. B. In the Low -Density Residential Districts, to wit, the A -C Agricultural -Conservation, R-80, R-120, R-200 and R-400 Districts, clustering is permitted and may be mandated by the Planning Board in the, exercise of . discretion without the 10097 2-25-89 § 100-181 SOUTHOLD CODE § 100-181 requirement that the owner make written application for the use of such procedure. C. Determination of density and zoning modifications. (1) An application for cluster development shall include a map or maps showing the proposed cluster design or designs offered for consideration by the Planning Board, together with a map which shall be prepared for consideration as a standard subdivision conforming to all requirements of the Zoning Code and Subdivision Regulations33 of the Town of Southold. (2) The total building lot yield of the standard subdivision shall be used to determine the yield in the number of building lots which the Planning Board may grant in a cluster development. A cluster development design may be prepared for any contiguously owned holdings, whether or not they are separated by an existing street offering direct access to such holdings. In all other cases, the holdings shall be considered as separate parcels. (3) In a cluster development, lot area, width, depth, front yard, rear yard and side yards may be reduced to less than the minimum requirements set forth in the bulk schedule, provided that such modification or changes shall not result in a greater average density or coverage of dwelling units than is permitted in the zoning district wherein the land lies. D. The area of a cluster development shall be in a single ownership or under unified control. E. Prior to the issuance of a building- permit in a cluster development, a site plan shall be submitted to and approved by the Planning Board in accordance with Article XXV of this chapter and the following conditions: (1) Said site plan shall include areas within which structures may be located, the height and spacing of buildings, the location of open spaces and their landscaping, off-street open and enclosed (if any) parking spaces and streets, 33 Editor's Note: See Ch. AI(Ifi, Subdivision of Land. 10098 2 - 25 - si: § 100-181 ZONING § 100-181 trails, site easements and recreation facilities, driveways and any other physical features relevant to the proposed plan .and determined to be necessary by the Planning Board. (2) Said site plan shall include a statement setting forth the nature of all proposed modifications of existing zoning provisions. F. Nothing contained in this chapter shall relieve the owner or his agent or the developer of a proposed cluster development from receiving final plat approval in accordance with. the Town Subdivision Regulations.34 In approving the final plat for a cluster development, the Planning Board may modify the acreage requirement for recreation areas as set forth in the - town's rules governing subdivision review, provided that the common land dedicated meets, all other requirements of the Town Subdivision Regulations. G. Common areas. (1) The Planning Board shall establish such conditions on the ownership, use and maintenance of common areas, including open space, as it deems necessary to assure the preservation of such areas for their intended purpose. Common areas and/or open space may either be retained by.a condominium corporation or it may be deeded to a homeowners' or homes association comprised of the residents of the subdivision and reserved for their use or other mechanism acceptable to the Town Board and Town Attorney. Said common areasmay be used for agricultural use, for passive recreational uses, for visual amenity and/or nature study or for necessary accessory uses such as parking. (2) A cluster development shall be organized as one (1) of the f� following. a condominium corporation-, a homes or a homeowners' association approved by the Federal Housing Administration for mortgage insurance as a planned unit development and the Town Board; a homes association approved by the Town Attorney and Town 34 Editor's Note: See Ch. A106, Subdivision of Land. 10M 2-25-89 § 100-181 SOUTHOLD CODE § 100-181 Board; or any other arrangements approved by the Town Attorney and Town Board as satisfying the intent of this chapter. Whenever a homes association is proposed, the Town Board shall retain the right to review and approve the Articles of Incorporation and the charter and bylaws of said homes association and any amendments or revisions thereof and to require whatever conditions deemed necessary to ensure that the intent and purpose of this chapter is carried out. In consideration of said approval, the Town Board shall, in part, require the cluster development to meet the following conditions: (a) A homes association shall be established as a not-for- profit corporation operating under recorded land agreements through which each lot owner, and any succeeding owner according to the deed to each unit, is automatically a member and each lot is automat- ically subject to a charge for a proportionate share of - the expenses for the organization's activities, including real property taxes and the maintenance of the common land and facilities. Each lot shall be subject to a lien in the event of nonpayment by the owner thereof of his proportionate share of the expenses for the association. (b) Title to all common property shall be placed in the homes association or definite and acceptable assur- ance shall be given that it automatically will be so placed within a reasonable period of time. (c) Each lot owner shall have equal voting rights in the association and shall have the -right to the use and enjoyment of the common property. (d) Once established and title to the common land is conveyed to the homes association, all responsibility for operation and maintenance of the common land and facilities shall lie with the homes association. (e) Dedication of all common areas shall be recorded directly on the final plat and/or by reference on that plat to a dedication in a separately recorded 10100 2-25-89 § 100-181 ZONING § 100-181 document. Resubdivision of such areas is prohibited. The dedication shall: [1] Save the title to the common property to the homes association free of any cloud of implied public dedication. [2] Commit the developer to convey the areas to the homes association at an approved time. [3] Grant easement of enjoyment over the area to the lot owners, subject to restrictions as shall be imposed by recorded restrictive covenants. [4] Give to the homes association the right to borrow for improvements upon the security of the common areas. [5] Grant to the homes association . the right to suspend membership rights for nonpayment of assessments or infraction of established rules. H. Covenants shall be established, limiting all lots to one -family use and all common lands to open space uses approved by the - Town Board. No structures may be erected on such common lands except as shown on the approved site plan and approved by the Town Board. Such deed restriction or covenant shall specifically prohibit any development for other, than open space or agricultural use on the specified open land and/or conservation area. I. Each. deed to each lot sold shall include by reference all recorded declarations and other restrictions, including assessments and the provision for liens for nonpayment of such. J. The homes association shall be perpetual; it shall purchase insurance, pay taxes, specify in its charter and bylaws an annual homeowner's fee, make provision for assessments and provide that all such charges become a lien on each lot in favor of said association. The association shall have the right to proceed in accordance with all necessary legal action for the foreclosure and enforcement of liens, and it shall also have the right to commence action against any member for the 10101 2-25-89 § 100-181 SOUTHOLD CODE § 100-181 collection of any unpaid assessment in any court of competent jurisdiction. K. The developer shall assume all responsibilities as previously outlined for the homes association until a majority of the dwelling sites are sold, at which time the homes association shall be automatically established by the developer at the developer's expense and title to the common area conveyed by the developer to the homes association. L. Prior to plat approval, the developer shall file a performance bond with the Town Board to ensure the proper installation of all required improvements, including recreation improve- ments, and a. maintenance bond to ensure the proper maintenance of all common lands until the homes association is established and title to the common lands is conveyed to the homes association. The amount and terms of said bonds and the form, sufficiency, manner of execution and sufficiency of the surety shall -be approved by the Town Board and the Town Attorney. M. The certificate of incorporation of the organization. and its bylaws shall contain the following provisions, and notice of said provisions shall be specifically given in any brochure or prospectus issued by the developer: (1) That such organization is established to own and maintain common open space or common elements and that, if such organization or any successor organization shall, at any time after title to such common land and other common elements is conveyed to it, fail to maintain the common open space and other common elements in reasonable order and condition in accordance with the plan proposed, the Town Board may cause a written notice to be served by certified mail upon such organiza- tion, at its address as shown upon the last completed town assessment roll, or in the same manner upon the owners of the lots in such subdivision at their address as shown upon the last completed assessment roll, which such notice shall set forth: 10102 2-25-89 § 100-181 ZONING § 100-181 (a) The particulars in which the common open space and other common elements have not been main- tained in reasonable order and condition; (b) A demand that such deficiencies in maintenance shall be remedied within thirty (30) days from the date of such notice; (c) That, upon the failure to remedy such default in maintenance within the time specked,' the Town Board will hold a hearing upon the matter upon not less than five (5) days' notice in writing sent by certified mail to such 'organization or to such lot owners; (d) That, after such hearing, the Town Board may take such action as it deems appropriate to provide for the proper maintenance of such common open space t and common elements; and (e) That any and all costs and expenses incurred by the ! town for such purposes may be assessed upon all of the lots in such subdivision and be collected in the same manner and at the same time as real property taxes are collected in the Town of Southold. N: The Town Board, in order to ensure that the open space will be used for its intended purposes, shall have the continuing right to impose building controls and restrictions on the use and maintenance of the common open space lands. 0. Notwithstanding the foregoing, the Town Board may, in its discretion, accept an offer for dedication to the town of the open space and/or common lands created by use of the provisions of this Article. [Added 3-14-89 by L.L. No. 3- 19891 10103 5-25-R9 § 100-190 SOUTHOLD CODE § 100-191 ARTICLE XIX Parking and Loading Areas [Added 1-10-89 by L.L. No. 1-1989] § 100-190. Purpose. Regulations for off-street parking and truck loading areas are imposed in order to minimize traffic congestion, air pollution and the risk of motor vehicle and pedestrian accidents and to address aesthetic considerations. § 100-191. Off-street parking areas. A. Off-street parking spaces, open or enclosed, are permitted accessory to any use specified below. Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purpose of these parking regulations. Reasonable and appropriate off-street parking requirements for structures and uses which do not fall within the categories listed below shall be determined by the Planning Board upon consideration of all factors entering into the parking needs of each use. For those uses not specified in the schedule, there shall be a periodic monitoring of off-street parking conditions to ensure that the purpose of this Article is satisfied. In addition, the Planning Board may waive all or a portion of these requirements within the Hamlet Business District where it shall find that municipal parking facilities within three hundred (300) feet of the proposed use will adequately serve the proposed use. Type of Use Accessory apartment in existing 1 -family dwelling Antique shop, auction gallery, arts and crafts shop and work- shop Required Number of Parking Spaces 1 per accessory apartment in addition to 2 for 1 -family dwell- ing 1 per 250 square feet of sales area 10104 5-25-89 § 100-191 ZONING § 100-191 Type of Use Apartment over store Auditorium, meeting hall Automobile laundry Required Number of Parking Spaces 1 per apartment in addition to business requirements 1 per 50 square feet of seating area, but not less than 1 per 4 seats where provided 1 per employee, plus a 10 -space queuing line area for each laun- dry bay 10104.1 (Cont'd on page 10105) 5-25-89 § 100-191 ZONING § 100-191 Required Number of Type of Use Parking Spaces Bank 10 spaces or 1 space for each 100 square feet of gross floor area or 3 spaces per teller, whichever is greatest, plus a 5 - space queuing area for each drive-in teller Beach club or swim club 2 spaces per 3 members Bed -and -breakfast enterprise 1 space per guest room in addi- tion to residential requirements Boardinghouse or tourist house 1 space per guest room in addi- tion to residential requirements Boat and marine engine repair 1 space per 250 square feet of and sales, if separate from ma- gross floor area rina Boatyard, 'including boat sales Sales and rental portion, 3 and rentals spaces, in addition to marina re- quirements Bowling lane At least 4 spaces per lane Building, electrical or plumbing 1 space for each employee, plus contractor's business or yard 2 spaces Cold storage plant 3 spaces or 1 per 800 square feet of gross floor area College 0.5 space per student, plus 0.75 space per staff member Conference facilities 1 space per 4 seats in the larg- est assembly hall or meeting . area, plus 1 space for each 4 seats in classroom facilities Drinking establishment 1 space per 3 seats or 1 space per 100 square feet of floor space, whichever is greater 10105 2-25-89 § 100-191 SOUTHOLD CODE § .100-191 Type of Use Fish market, including whole- sale and retail sale of finfish and/or shellfish Food processing and packaging including fish processing Fraternal or social office or meeting hall Funeral home Gasoline service station, partial self-service Gasoline service station with mi- nor indoor repair facility Greenhouse, floral shop, flower shop, nursery or similar facility, either enclosed or unenclosed Home occupation, including home professional office, except physician or dentist Hospital Hotel or motel, resort and tran- sient Required Number of Parking Spaces 1 space per 200 square feet of gross floor area 0.75 space per employee or 1 space per 500 square feet of gross floor area, whichever is greater See "office" 1 space for each 3 seats pro- vided therein or 1 space for each 100 square feet of space available for public use, which- ever is greater, with a minimum of 25 spaces 3 -space queuing area for each pump, plus 1 space for each em- ployee Same as gasoline service station above, plus 2 for each. bay 1 space per employee, plus 3 spaces, or 1 space per 200 square feet of sales and/or dis- play area, whichever is greater 3 spaces per home occupation, plus 2 spaces required for sin- gle-family residence 1 space for each bed 1 space for each guest room and 1 for each employee or 1 space per guest room, whichever is greater, plus accessory use parking as required 10106 2-25-89 § 100-191 ZONI Type of Use In-service training facilities for employees. Laundry plant or dry-cleaning plant Laundromat Library, museum or art gallery I Light industrial uses Mariculture/aquaculture busi- ness Marina Membership club, country.club, golf club or public golf course, tennis club Motor vehicle or mobile home salesroom or outdoor sales lot, including rental of equipment Multiple dwelling (3 or more families) Studio 1 -bedroom 2 -bedroom NG § 100-191 Required Number of Parking Spaces See "conference facilities" 1 per employee, plus 1 per 200 square feet of customer service area 0.75 space per washing machine See "auditorium" 1 per employee or 1 per 500 square feet of floor area, whichever is greater See "light industrial" 1 space per boat slip, mooring, dock space or similar unit of capacity, plus 1 space per employee At least 1 for each 2 members or accommodations (such as lockers), whichever is: greater, plus 1 for each employee 1 per each 600 square feet of showroom and sales lot area, plus 1 per employee 1.5 per dwelling unit 1.5 per dwelling unit 2.0 per dwelling unit; 0.25 space is required for each bedroom in excess of the first 2 bedrooms 10107 6-10-94 § 100-191 SOUTHOLD CODE § 100-191 Required Number of Type of Use Parking Spaces Nursing home or proprietary 1 for each bed rest home Office, business, governmental and 1 per 100 square feet of professional, except physi- office floor area cians or dentists Office for physician or dentist 1 -family detached dwelling Personal service shop, barber- shop or beauty parlor Philanthropic, eleemosynary or religious institution Place of worship Printing or publishing plant Professional studio or travel agency Recreational facility, fully enclosed, commercial Repair garage Repair shop for household, busi- ness or personal appliances Research, design or development laboratory 5 spaces per physician or dentist 2 spaces per dwelling 2.5 spaces per service chair 1 space per bed See "auditorium' See "light industrial" See "office" 1 space for each 300 square feet of gross floor area, except court sports, 5 spaces per court, and rink sports, 1 space per 200 square feet of rink area 4 spaces per bay, plus 1 space per employee 1 space per 200 square feet of customer service area See "light industrial" 10108 6-10-94 § 100-191 ZONING § 100-191 Type of Use Restaurant, drive-in, curb ser- vice take-out or formula food [Amended 5-16-1994 by L.L. L.L. No. 9-19941 Restaurant, except drive-in Required Number of Parking Spaces 1 space per 2 seats or 1 space per 50 square feet of gross floor space, whichever is greater 1 space per 3 seats or 1 space per 100 square feet of floor space, whichever is greater 10108.1 (Cont'd on page 10109) 6-10-94 § 100-191 ZONING § 100-191 Type of Use Retail sale or rental of fishing, diving or bathing supplies or equipment; ship's loft or chandlery Retail shop or store, other than those listed herein Roadside farm stand School, elementary School, secondary Shop for custom work and for making articles to be sold at re- tail on the premises Storage yard Theater or cinema, other than outdoor Tourist camp Townhouse 2 -family detached dwelling Veterinarian and animal hospi- tal Warehouse or storage building Required Number of Parking Spaces If separate use, see "retail . shop"; if accessory use, 1 space for each employee, plus 2 spaces in addition to primary use At least 1 per 200 square feet of gross floor area Minimum of 4 spaces per stand 2 spaces per classroom, plus au- ditorium requirement 2 spaces per classroom, plus 1 per 10 students, or auditorium requirement, whichever is greater See "retail store" 1 space per employee, plus 4 spaces, or 1 space for each 5,000 square feet of storage area, whichever is greater See "auditorium" 1 space for each accommodation, plus 1 space for each employee, plus 3 spaces for visitors See "multiple dwelling unit" 3 spaces per dwelling 2 spaces per employee or 1 space per 200 feet of gross floor area, whichever is greater 1 per 1,000 square feet of gross floor area 10100 2-25-89 § 100-191 SOUTHOLD CODE Required Number of Type of Use Parking Spaces § 100-191 Wholesale business, including 1 per 1,000 square feet of gross lumber and other building prod- floor area ucts Wholesale/retail beverage distri- 1 space per 150 square feet of bution gross floor area Wholesale/retail nursery and/or 1 space for each 200 square feet sale of plants of gross floor area for retail use or. 1 space for each employee, plus 3 spaces for wholesale use, with minimum of 4 spaces Yacht club Same as "marina" B. Areas computed as parking spaces. Areas which may be computed as open or enclosed off-street parking spaces include any private garage, carport or other area available for parking, other than a street or a driveway. However, a driveway within a required front yard for a one -family or two- family residence may count as one (1) parking space. C. Size of spaces. Three hundred fifty (350) square feet shall be considered one (1) space (to provide room for standing area and aisles for maneuvering). Aisles between rows of parking spaces shall be not less than twenty-two (22) feet wide, unless reduced for sixty -degree -angle parking, in, which case the aisle space should be not less than sixteen (16) feet wide. Entrance and exit lanes shall not be computed as parking space except for driveways for one -family and two-family residences. The minimum parking stall width shall be nine (9) feet, and the minimum length shall be nineteen (19) feet. D. Access. Unobstructed access to and from a street shall be provided. Such access shall consist of at least one (1) fifteen - foot lane for parking areas with more than four (4) spaces but less than twenty (20) spaces, and at least two (2) ten -foot lanes for parking areas with twenty (20) spaces or more. No entrance or exit for any off-street parking area shall be located within fifty (50) feet of any street intersection nor exceed a grade of six percent (6%) within twenty-five (25) feet 10110 2-25-89 § 100-191 ZONING § 100-191 of any street line nor ten percent (10%) at any other point. All points of ingress or egress shall be appropriately signed, unless such signing is considered unnecessary by the Planning Board. E. Drainage and surfacing. All open parking areas shall be property drained within the premises, and all such areas shall be provided with a dustless surface, except for parking spaces accessory to a one -family or two-family residence. Curbs, paving, sidewalks and drainage facilities shall comply with standards established in town ordinances, regulations or specifications and shall be approved and constructed under the supervision of the Superintendent of Highways or his agent. F. Joint facilities. Required parking spaces, open or enclosed, may be provided in spaces designed to serve jointly two (2) or more establishments, whether or not located on the same lot, provided that the number of required spaces in such joint facilities shall be not less than the total required for all such establishments. G. Combined spaces. When any lot contains two (2) or more uses having different parking requirements, the parking require- ments for each use shall apply to the extent of that use. Where it can be conclusively demonstrated that one (1) or more such uses will be generating a demand for parking spaces primarily during periods when the other use or uses is not or are not in operation, the Planning. Board may reduce the total parking spaces required for that use with the least require- ment. H. Location and ownership. Required accessory parking spaces, open or enclosed, shall be provided upon the same lot as the use to which they are accessory or elsewhere, provided that all spaces therein are located with two hundred (200) feet walking distance of such lot. In all cases, such parking spaces shall conform to all the regulations of the district in which parking spaces are located, and in no event shall such parking spaces be located in any residence district unless the use to which the spaces are accessory is permitted in such residence district or upon approval by the Board of Appeals. Such spaces shall be in the same ownership as the use to which they are accessory 10111 2-25-89 § 100-191 SOUTHOLD CODE § 100-191 and shall be subject to deed restrictions approved by the Board, binding the owner and his heirs and assigns to maintain the required number of spaces available either throughout the existence of such use to which they are accessory or until such spaces are provided elsewhere (unless municipally owned spaces are utilized in accordance with § 100-191A above). I. Lots divided by district boundaries. When a parking lot' is located partly in one district and partly in another district, the regulations for the district requiring the greater number of parking spaces shall apply to all of the lot. Parking spaces on such a lot may be located without regard to district lines, provided that no such parking spaces shall be located in any residence district unless the use to which they are accessory is permitted in such district or upon approval of the Board of Appeals. J. Parking regulations in multiple -dwelling or attached -dwelling developments. (1) Wherever space is provided for the parking of five (5) or more vehicles in the open, such spaces shall be individual- ly identified by means of pavement markings. (2) No parking space shall be located in any front yard nor -- within -ten -(10) -feet -of -any -lot -line -in -side -or -rear -yards. (3) The parking of motor vehicles is prohibited within fifteen (15) feet of any wall or portion thereof of a two- or more family dwelling, which wall contains windows (other than bathroom or kitchen windows) with a sill height of less than eight (8) feet above the level of said parking space. (4) No service of any kind shall be permitted to be extended to users of the lot, including automobile service, repair or fueling, and no gasoline, oil, grease or other supplies shall be stored or sold in any such lot or in any garage on such lot. (5) Parking areas shall be screened by a substantial wall, fence or thick hedge, approved by the Planning Board. Generally, such screening shall not be less than four (4) feet nor more than eight (8) feet in height. 10112 2 -25 -as § 100-191 ZONING § 100-191 K. Regulations for parking spaces adjacent to lots in any. residence district. (1) Wherever a parking area of over five (5) spaces abuts or is within fifteen (15) feet of the side or rear lot line of a lot in any residence district, said parking lot shall be screened from such adjoining lot by a substantial wall, fence or thick hedge approved by the Planning Board. Generally, such screen shall be not less than four (4) feet nor more than eight (8) feet in height. (2) Whenever a parking area of over five (5) spaces is located across the street from other land in any residence district, it shall be screened from the view of such land by a thick hedge, wall or fence, approved by the Planning Board, located along a line drawn parallel to the street and a distance of ` twenty (20) feet therefrom, such screening to be interrupted only at points of ingress and egress. Generally, no such screening shall be less than four (4) feet nor more than six (6) feet in height. The open area between such screening and the street - shall be landscaped in harmony with the landscaping prevailing on neighboring properties fronting on the same street. Two (2) identification and directional signs located on the street side of such screening shall be permitted; however, they shall not exceed an area of three (3) square feet each. L. Driveways. No driveway shall provide access to a lot located in another district, which lot is used for any use prohibited in the district in which such driveway is located. M. Parking for special exception uses. Notwithstanding any other provisions of this chapter, the Planning Board may increase the parking requirements for special exception uses by up to one hundred fifty percent (150%) of the minimum parking requirements if it determines that 10113 2-25-95 § 100-191 SOUTHOLD CODE § 100-191 such additional parking requirements are necessary by reason of the nature of the use and/or the characteristics of the site. N. Traffic storage. All uses shall provide sufficient space on the same lot so that any storage lanes for traffic will be provided for and will not obstruct traffic or utilize public rights-of-way. 0.8 Connections between abutting parking areas. Where appropriate, the Planning Board may require paved connections between abutting parking areas in different ownerships so as to facilitate the flow of traffic. P. Supplemental regulations for private garages and off- street parking areas in residence districts. (1) Commercial vehicles. (a) One (1) commercial vehicle not exceeding twenty (20) feet in length may be parked in the driveway on an occupied lot in any residence district except that one (1) commercial vehicle not exceeding twenty-five (25) feet in length may be parked in the driveway on an occupied lot in any residence district, provided that the owner of the occupied lot has continuously maintained title to such vehicle since the date of the enactment of this amendment.9 [Amended 3-26-1991 by L.L. No. 6-1991; 7-17-1991 by L.L. No. 16-19911 (b) One (1) commercial vehicle not exceeding twenty-five (25) feet in length may be parked within a private garage in any residence district. 6 Editor's Note: Former Subsection O, dealing with the illumination of off-street parking areas, was repealed 12.27-1994 by L.L. No. 30-1994. This local law also provided for the renumbering of former Subsections P and Q as Subsections O and P, respectively. 9 Editor's Note: `°rhis amendment" refers to L.L- No. 16-1991, adopted 7-17-1991. 10114 2-25-95 § 100-191 ZONING § 100-191 (c) Commercial farm vehicles are permitted as accessory to a commercial farm use in any residence district. (2) Trailers and recreation vehicles. The storage or parking and use of a travel trailer or a recreation vehicle by any person or persons, except as hereinafter provided, is prohibited in all residential districts, except that: (a) The keeping or storing of one (1) camp -type travel trailer or recreation vehicle is permitted on a premises if it is either owned or rented by the occupants of such premises and is not kept for purposes of sale or rental and is used solely for the personal use of such occupants. Such camp -type travel trailer or recreation vehicle shall not be occupied as living quarters at any time and shall be secured in place in the rear yard not nearer than fifteen (15) feetto a side or rear lot line or to the (Cont'd on page 10115) 10114.1 2-25-95 § 100-191 ZONING § 100-192 street, and the doors thereof shall be kept securely locked. (b) Such vehicle may not be parked within ten (10) feet of a one- or two-family dwelling or fifteen (15) feet of a multiple dwelling. i (3) Boats. One (1) boat may be parked in the rear yard of any occupied lot not nearer than fifteen (15) feet to a rear or side line or to any street. § 100-192. Off-street loading areas. Off-street loading berths, open or enclosed, are permitted accessory to any use (except one- or two-family residences), subject to the following provisions: A. Uses for which required. Accessory off-street loading berths shall be provided for any use specified below. Any land which - is developed as a unit under single ownership and control shall be considered a single lot for the purpose of such loading requirements. (1) For a public library, museum or similar quasi -public institution, governmental building, community center, hospital or sanatorium, nursing or convalescent home, institution for children or the aged or school: (a) With a floor area of five thousand (5,000) to twenty- five thousand (25,000) square feet, one (1) berth. (b) For each additional twenty-five thousand (25,000) square feet or fraction thereof, one (1) additional berth. (2) For buildings with professional, governmental or business offices or laboratory establishments: (a) With a floor area of five,thousand (5,000) to twenty- five thousand (25,000) square feet, one (1) berth. (b) For each additional twenty-five thousand (251000) square feet or fraction thereof up to one hundred 10115 2-25-89 § 100-192 SOUTHOLD CODE § 100-192 thousand (100,000) square feet, one (1) additional berth. (c) For each additional fifty thousand..(50,000) square feet or fraction thereof, one (1) additional berth. (3) For buildings with offices and retail sales and service establishments: one (1) berth for five thousand (5,000) to twenty-five thousand (25,000) square feet of floor area, and one (1) additional berth for each additional twenty- five thousand (25,000) square feet of floor area or fraction thereof to be used. (4) For undertakers and funeral homes: one (1) berth for each chapel. (5) For hotels: one (1) berth for each two thousand five hundred (2,500) square feet of floor area. (6) For manufacturing, wholesale and storage uses and for dry-cleaning and rug -cleaning establishments and laundries: one (1) berth for five thousand (5,000) to ten thousand (10,000) square feet of floor area in such use, and one (1) additional berth for each additional ten thousand (10,000) square feet of floor area or fraction thereof so used. In addition, adequate reserved parking for waiting trucks shall be provided. B. Size of spaces. Each required loading berth shall be at least fifteen (15) feet wide, fourteen (14) feet high and forty-five (45) feetlongand in no event smaller than required to accommo- date vehicles normally using such berths. C. Location and access. Unobstructed access at least fifteen (15) feet wide, to and from a street, shall be provided. Such access may be combined with access to a parking lot. All permitted or required loading berths shall be on the same lot as the use to which they are accessory, except as provided in Subsection. D below. No entrance or exit for any off-street loading area shall be located within fifty (50) feet of any street intersection. No off-street loading berth shall be located in any required front yard. 10116 2-25-89 § 100-192 ZONING § 100-200 D. Joint facilities. Permitted or required loading berths, open or enclosed, may be provided in spaces designed to serve jointly two (2) or more adjacent establishments, provided that the number of required berths in such joint facilities shall not be less than the total required for all such facilities. E. Lots divided by district boundaries. When a lot is located partly in one district and partly in another district, the regulations for the district requiring the greater number of loading berths shall apply to all of the lot. Loading berths on such lot may not be located in any residence district unless the use to which they are accessory is permitted in such district or upon the approval of the Board of Appeals. i ARTICLE XX - Signs [Added 1-10-1989 by LX No. 1-19891 -- = § 100-200. Purpose. - The purpose of this Article is to regulate existing and proposed signs in order to: A. Protect property values. B. Create a more attractive economic and business climate. - C. Enhance and protect Southold's physical appearance and environment. D. Preserve the historic and architectural heritage of the town. I E. Provide a more enjoyable and pleasing community. F. Reduce sign or advertising distraction and obstructions that may contribute to traffic accidents. G. Reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way. 10117 1-25-95 1100-201 SOUTHOLD CODE § 100-201 § 100-201. Applicability; permit required; application; approval; fees. A. The provisions of this Article shall apply in all districts. B. [Amended 11-24-1992 by L.L. No. 21-1992; 11-29-1994 by L.L. No. 25-19941 Except as otherwise provided in this chapter, signs shall not.hereafter be erected, structurally altered, enlarged or moved or reconstructed within the town unless a permit is obtained from the Building Inspector and payment of a required fee per sign in accordance with the Town of Southold fee as specified in Subsection F below 49 (1) The following operations shall not be considered as creating a new sign and, therefore, shall not require a new sign permit: (a) Replacing copy: the changing of the name, advertising or message on an approved sign. (b) Maintenance: painting, cleaning and other normal maintenance and repair of a sign or a sign structure, unless a structural change in configuration is made. (c) Movement of a sign farther from the right-of- way, provided that it meets all provisions of the Building Code and Town Code and the Building Department is notified in advance. - (2) The following signs shall be exempt from the permit requirement, but are subject to the other requirements of this Code: (a) Contractor signs. (b) Real estate signs. (c) Holiday lights and signs which are incidental and customary and commonly associated with 49 Editor's Note: Subsection F was repealed 7-13-1993 by L.L. No. 13-1993. See § 100-281J(1)(g). 10118 1-25-95 § 100-201 ZONING § 100-201 any national, local or religious holiday, not to be displayed for more than sixty (60) days in one (1) year. (d) Informational/directional signs. (e) Nameplates. 10119 1-25-95 (f) Temporary interior signs. (g) Window signs covering ten percent (10%) or less of the window area. (h) Nonprofit organization directory signs. C. Application for a sign permit shall be made on a form provided by the Building Inspector, which application - shall include: -- (1) The name, address and telephone number of the applicant. (2) The name, address and telephone number of the sign maker. _. (3) The location of the building, structure or land to which or upon which the sign is to be erected. (4) A color photo of the building upon which the sign is to be erected. (5) The size of the sign. (6) A description of the construction details of the sign, showing the lettering and/or pictorial matter composing the sign, position of lighting or other extraneous devices. (7) Sketches, drawn to scale, and supporting - information indicating the location of the sign, ' colors, size and types of lettering or other graphic ` representation and -materials to be used, electrical or other mechanical equipment, details of its attachment and hanging. Samples of materials should accompany the application where required by the Building Inspector. 10119 1-25-95 § 100-201 SOUTHOLD CODE . § 100-202 (8) The written consent of the owner of the property upon which such sign or signs is or are to be erected and maintained. In addition, such sign application shall be accompanied by a fee as established by the Town Board of the Town of Southold. (9) Such other pertinent information as the Building Inspector may require to ensure compliance with this Article. D. The Building Inspector shall review the proposed sign and can approve, deny or condition a permit based on the provisions of this Code. The Planning Board may approve signs which differ from the quantitative requirements set forth in this Article in the site review process, provided that a finding is made that said sign or signs conform to the general design principles outlined in § 100-202 hereof, and provided further that no sign shall violate the sign prohibitions and general restrictions listed in § 100-203 herein. [Amended 11-29-1994 by L.L. No. 25-19941 E. If the sign does not comply with the provisions of this . Code, application for a variance may be made to the Zoning Board of Appeals. [Amended 11-29-1994 by L.L. No. 25-1994501 § 100-202. General design principles. [Amended 11-29-1994 by L.L. No. 25-19941 Decisions by sign applicants shall be guided by the following general design principles: A. Signs should be a subordinate part of the streetscape. B. Signs should be as small as practicable. 50 Editor's Note: This local law also repealed former Subsection F, regarding sign permit fees, which immediately followed this subsection, and which was formerly repealed 7-13-1993 by L.L. No. 13-1993. 10120 1-25-95 § 100-202 ZONING § 100-203 C. Signs should be as close to the ground as possible, consistent with required safety and legibility considerations. D. A sign should have an appropriate size relationship to the building upon which it is placed. E. Whenever feasible, multiple signs should be combined into one (1) sign to avoid clutter. F. A sign should not impair the visual effectiveness of neighboring signs. G. Garish colors and materials should be avoided. H. Signs which have dark background colors and light - letters are preferred in order to minimize the apparent size of signs within the streetscape. I. Generally, signs on the same building should be within the same horizontal band and be of a similar height. J. Except in carefully designed circumstances, signs should be integrated with fences, walls or buildings and not be freestanding. K. Sign material should, be durable, requiring little mainte- nance; use of material such as corrugated' plastic, natural aluminum, bulbous plastic letters, nontextured plastic and glass tile should be avoided. § 100-203. Prohibitions and general restrictions. [Amended 11-29-1994 by L.L. No. 25-19941 A. Unless otherwise provided herein, nonaccessory signs, billboards, off -premises signs and mobile signs shall be prohibited in all districts. B. Flashing signs, including any sign or attraction device on which the artificial light is not maintained stationary and constant in intensity and color at all times when in use, are prohibited. 10121 1-25-95 § 100-203 SOUTHOLD CODE § 100-203 C. Signs which compete for attention with or may be mistaken for a traffic signal are prohibited. No sign shall be erected in such a manner as to obstruct free and clear vision for drivers; interfere with, mislead or confuse traffic; or be located where, by reason of its position, shape or color, such sign may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device by making use of the words "stop", "look" or any other word, phrase, symbol or character or red, green or amber illumination or reflection. D. Balloons or other gas-filled figures shall be prohibited.. E. Permanent exterior signs made out of cardboard, paper, canvas or similar impermanent material are prohibited. F. Signs or attraction devices with visible moving, revolving or rotating parts, such as flags, banners or pennants, are prohibited. G. Except for holiday seasons or a period of fifteen (15) days from the date of a grand opening, no sign or part thereof shall consist of pennants, ribbons, streamers, spinners or other similar moving, fluttering or revolving devices. H. Signs noting that a property has been . sold are prohibited. I. No portable or temporary sign shall be placed on the front face of any building or upon any lot, except as provided in § 100-205G herein. J. No signs other than signs placed by agencies of the gov- ernment shall be erected on any public property, unless consent is first obtained from the Building Department. No sign shall be placed on any private property without the consent of the owner thereof. No sign shall be placed or painted on any tree or rock. No sign shall be placed on any utility pole except for utility identification or similar purposes. 10122 1-25-95 § 100-204 ZONING § 100-205 § 100-204. Limitation of content or copy. [Amended 11-29-1994 by L.L. No. 25-19941 Information displayed on signs shall be limited to the name, address, logo and nature of the business and products available or activity for which the building or premises is used. § 100-205. Specific signs. [Amended 11-29-1994 by L.L. No. 25-1994] A. Business center directory signs. (1) The term "directory sign" shall mean any sign containing a list of names of business establish- ments located within a business center. A "business center" means a site containing multiple business uses sharing a common driveway. (2) Each business center shall be allowed on the premises one (1) freestanding directory sign in lieu of all other freestanding or ground signs, to be used for the purposes of identifying the business center and the various business establishments located within the business center where the' sign is set back fifteen (15) feet from the street line. No brand name advertising of any sort shall be allowed on such sign. Said sign shall not exceed fifteen (15) feet in'height, measured from the top of said sign to the mean level of the ground surrounding the support of said sign. Each business establishment name shall occupy no more than three (3) square feet in total area with an additional allowance of twenty percent (20%) of the total for the name of the business center. Said sign shall comply with all other applicable provisions of this chapter. (3) A permit issued by the Building Inspector shall be required for each business center directory sign erected or maintained pursuant to this subsection. The application for said permit must contain an accurate drawing of said directory sign as well as a 10123 1-25-95 § 100-205 SOUTHOLD CODE § 100-205 survey indicating the dimensions of said sign, its location and setbacks. B. Contractor signs. A contractor, tradesperson, architect or building supplier may erect one (1) name. sign each on the site of construction during the period of work. The sign area may not exceed three (3) square feet and may be attached to a stake in the ground located at least fifteen (15) feet from the street line. All- contractor signs must be removed prior to issuance of a certificate of occupancy for the construction. C. Farm, garden or nursery signs. Signs may be allowed advertising only the sale of farm, garden, animal or nursery products grown on Eastern Long Island and the name of the farm, garden or nursery. D. Freestanding signs. One (1) freestanding sign is allowed for each frontage, on a public street or way, subject to the. following requirements: (1) Freestanding signs are limited to either pole signs with no guy wires or signs permanently affixed to a fence or other wall separate from the principal building. (2) All freestanding signs shall be located within and shall not overhang the property line. (3) The location and design of such signs shall not present a hazard to pedestrian or vehicular traffic. (4) The sign may be single- or double-faced, and square footage will be calculated based on -one (1) side. (5) The sign shall be set back not less than fifteen (15) feet from the pavement or five (5) feet from the sidewalk, whichever is greater. Under no circumstances shall the sign be placed in the public right-of-way. (6) The sign shall advertise only business conducted on the premises, which shall mean all contiguous property in common ownership. 10124 1-25-95 § 100-205 ZONING § 100-205 (7) The sign shall be not more than twenty-four - (24) square feet, the upper edge of which may not extend more than fifteen (15) feet above the ground. E. Historic signs. A sign is an historic sign if it existed prior to 1970 and has not been significantly altered since then. When the historic nature of the sign has been established to the satisfaction of the Building Inspector, he may allow the reconstruction, repair and mainte- nance, of historic signs for so long as the sign maintains the original size, appearance and location. F. Informational/directional signs. Signs are allowed which state open, closed, business hours, phone numbers and generic directions to the facility, parking service and products. Informational/directional signs shall be a maximum of three (3) square feet in size. G. Nameplates. Nonilluminated nameplates containing only names or professional signs containing only name and professional designation may be allowed. IIJ H. Nonprofit organization directory signs. One (1) directory sign may be erected in each hamlet to identify nonprofit and civic organizations within the hamlet, subject to the size and location requirements of the business directory sign I. Real estate signs. One .(1) sign shall be allowed to advertise the sale or lease of real property. The sign may be either single- or double-faced and not larger than six (6) square feet in size. The sign shall be located at least fifteen- (15) feet from the public right-of-way. All real estate signs must be removed immediately upon closing on the lease or sale. This sign may be allowed in any zone. J. Roof signs. (1) Roof signs may be erected upon or against a roof of a building but shall not extend above the ridge line of the roof. A sign which is placed anywhere on a 10125 1-25-95 § 100-205 SOUTHOLD CODE § 100-205 parapet other than the fascia shall be a roof sign and may not extend above the top of the parapet. (2) The top of such sign shall not extend, at its closest point, more than twelve (12) inches from the surface of the roof. The vertical center of the sign shall be mounted no higher than the midpoint of the roof. (3) Such sign shall not exceed a size in square feet equivalent to one-half (1/2) times the length in feet of the structure. (4) A business may have either a roof sign or a wall sign, but it may not have both a roof sign and a wall sign. (5) A roof sign may not be illuminated. K. Subdivision signs. A sign shall be allowed to advertise the .sale or lease of a subdivision of properties if the subdivision has a public road frontage of five hundred (500) feet or more. The sign may be either single- or double-faced and not larger than twenty-four (24) square feet in size. The sign shall be located at least fifteen (15) feet from the street line. Said sign must be removed upon sale or lease of all properties within the subdivision. This sign may be allowed in any zone. L. Temporary signs. The erection, installation or mainte- nance of temporary signs, as defined herein, is hereby prohibited, except as specified below: (1) A temporary sign announcing special events erected by a municipal, charitable or nonprofit organization, which does not exceed twenty-four (24) square feet in area, is permitted for a period not to exceed thirty (30) days. (2) Temporary interior signs announcing special sales or events shall be permitted in the Hamlet Business and General Business Districts. Such signs shall cover no more than twenty-five percent (25%) of the 10126 1-25-95 § 100-205 ZONING § 100-205 window area to which they are affixed and shall be removed within twenty (20) days. (3) If a business has a permitted freestanding or ground sign, a temporary sign may be hung from the exterior of the building or from the approved sign. The temporary sign shall not exceed six (6) square feet in area and shall not project more than two (2) feet from the building and shall not obstruct pedestrian traffic. (4) If a business does not' have a permitted freestanding, ground orbusinesses center sign, a business may erect a temporary sandwich board or A frame sign on the business premises if it does not hinder public access, traffic or vision. The sign may not exceed six (6) square feet in area and shall be set back at least fifteen (15) feet from all property lines. The sign shall be removed at the end of each business" day - (5) No more than one (1) exterior temporary sign at a time shall be, allowed on a parcel of property. If there are multiple businesses on'the property, they shall make internal arrangements to share the sign. (6) An external temporary sign may not be displayed for more than ninety (90) days in a one-year period. M. Tourist directional signs. Tourist -related businesses (i.e., hotel, motel, marina, restaurant) which are located off Route 48 or 25 may have a generic eight -by -twenty -four - inch sign on one (1) of those roads. N. Wall signs. A wall sign or signs are allowed on the building wall, subject to all of the following requirements: (1) It is attached to or incorporated in the wall and does not project more than one (1) foot from such wall. (2) It advertises only the business conducted in such building. 10126.1 1-25-95 § 100-205 SOUTHOLD CODE § 100-205 (3) It does not exceed one (1) square foot in total area for each horizontal foot of the business wall facing a street. If multistory businesses are within. the structure, they share one (1) wall sign allotment and shall allocate it among themselves. (4) It does not exceed in width one hundred percent (100%) of the horizontal linear feet of such wall. (5) It does not exceed three (3) feet in height. (6) The sign shall not extend higher than the parapet in the case of one-story buildings. In the case of buildings taller than one (1) story, such signs shall not extend above the bottom of the sill of the windows of the second story nor extend or be placed more than fifteen (15) feet above the outside grade. (7) No wall sign shall cover, wholly or partly, any wall opening, including doors, fire escapes and windows, nor project beyond the ends of the wall to which it is attached. All such signs must be safely and adequately attached to said building wall by means satisfactory to the Building Inspector. (8) A sign may be placed on. a business canopy or awning and shall be treated as a wall sign and is subject to the size restrictions contained therein. 0. Window signs. A "permanent window sign" means any sign which is painted on the window or is made of materials other than cardboard, paper or canvas. A permanent window sign or combination of signs shall not cover more than ten percent (10%) of the total glass area upon which, or in which, it is affixed, displayed or painted. If the window sign exceeds ten percent (10%) of the window space, it shall be treated as a wall sign and is subject to the size restrictions contained therein. 10126.2 1-25-95 § 100-205.1 ZONING § 100-205.1 § 100-205.1. Specific sign requirements. [Added 11-29-1994 by L.L. No. 25-19941 A. The following signs will be allowed in the residential areas of the town, which shall include all areas zoned A- C, C, R-40, R-80, R-120, R-200, R-400, HD and AHD: (1) Not more than two (2) nameplates not to exceed two (2) square feet in area. (2) One (1) sign identifying the residential' neighborhood not more than eighteen (18) square - feet in area, located not less than fifteen (15) feet from the street. (3) If the appropriate circumstances exist, there may be a real estate, subdivision, contractor or yard sale sign. (4) Such other signs as may be authorized as variances by the Zoning Board of Appeals. B. The following additional sign shall be allowed in the A -C zone: a farm, garden or nursery shall be allowed to have the signage permitted in business areas. C. The following signs will be allowed in the business areas of the town, which shall include all areas zoned RR, RO, LB, HB, B, MI, MII, LIO and LI: (1) Two (2) of the following alternatives: (a) A freestanding sign. (b) A business center directory sign. (c) A window sign. (d) A wall sign or a roof sign. (2) A temporary. sign. (3) If the appropriate circumstances exist, there may be a real estate, subdivision or contractor sign. (4) Such other signs as may be authorized as variances by the Zoning Board of Appeals. 10126.3 1-25-95 § 100-205.1 SOUTHOLD CODE § 100-207 D. Marinas may have a separate wall sign for the wall frontage facing the waterfront area they serve. § 100-206. Sign illumination. [Amended 11-29-1994 by L.L. No. 25-19941 A. Except as provided below, a sign may only be lit from an external source. The sign must be shielded so that the source of light is not visible from adjacent streets or properties and so that the illumination is concentrated on the sign. B. Both neon and internally illuminated signs are prohibited, except that freestanding, business center and wall signs in shopping centers or in areas zoned Hamlet Business may be internally illuminated. An existing sign which is capable of internal illumination may continue in use in other zones if the lights are not turned on. C. Farm, garden or nursery signs may only be illuminated during the hours of business operations. D. Wiring, raceways and appliances of a sign illuminated by electricity from outside shall conform to the regulations of the fire underwriters and shall bear the appropriate stamp signifying such conformity.. § 100-207. Unsafe, abandoned and unlawful signs. [Amended 11-29-1994 by L.L. No. 25-19941 A. The owner of a sign and the owner of the premises on which such sign is located shall be jointly liable to maintain such sign, including its illumination sources, in a neat and orderly condition and good working order at all times and to prevent the development of any rust, corrosion, rotting or other deterioration in the physical appearance or safety of such sign. B. If the Building Inspector shall find that any sign regulated herein is unsafe, insecure, damaged, 10126.4 1-25-95 § 100-207 ZONING § 100-207 deteriorated or a menace to the public or has been erected in violation of the provisions of this chapter, he shall give written notice by certified mail to the owner of the premises on which such sign is located, as shown on the latest town assessment roll. Said sign and all appurtenances shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure upon which such sign may be found within thirty (30) days after written notification from the Building Inspector. Upon the failure to comply with such notice within the time specified therein, the Building Inspector is authorized to remove or cause the removal of such sign at the expense of the person or persons named in such notice. Upon such removal, all costs and expenses incurred by the town for the removal and storage of such sign shall be assessed against the land on which such sign was located, and a statement of such expenses shall be presented to the owner of the land. If such statement is not paid within thirty (30) days after its presentment, the Building Inspector may file a statement with the Town Assessors, identifying the property in connection with which such expenses were incurred and the owner thereof as shown on the latest assessment roll of the town. The Assessors, in the preparation of the next assessment roll, shall assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute alien -and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalty as is provided by law for the collection and enforcement of real property taxes in the Town of Southold. The owner of the sign removed by the Building Inspector as hereinbefore provided shall not be permitted to redeem such sign until all expenses of removal and storage have been paid. C. If, in the determination of the Building Inspector, a sign is an immediate peril to persons or property, he may cause such sign to be removed summarily and without notice. The cost of such removal shall be paid by the 10126.5 1-25-95 § 100-207 SOUTHOLD CODE § 100-209 town, and such amount shall be and become a lien upon the premises in question and shall be levied and collected in the same manner and under the same penalties as an assessment of a public improvement. § 100.208. Transition. [Added 11-29-1994 by - L.L. No. 25-1994] For a period of six (6) months after adoption of this Article, a person may obtain a sign permit for a sign e3dsting prior to the date of adoption, which sign conforms to the provisions of the newly adopted Code or the prior repealed Code. Thereafter, a sign permit may only be issued for a sign which conforms to the provisions of this Code. § 100.209. Nonconforming -signs. [Added 11-29-1994- by L.L. No. 25-19941 A. Any sign which holds a permit under the prior repealed Code but which does not conform to the provisions of this chapter shall be deemed a nonconforming sign. A nonconforming sign may be continued, without enlargement, reconstruction or relocation,. until it loses its nonconforming status through the occurrence of any of these events: (1) The nonconforming use is damaged or deteriorated so that the cost of repair or replacement exceeds fifty percent (50%) of the original value of the sign. (2) The business which is served by the nonconforming sign changes to a new use or service (e.g., retail to food). (3) The business which is served by the nonconforming sign has been discontinued for a period of two (2) years or more. 10126.6 1-25-95 § 100-209 ZONING § 100-211 B. When a sign loses its nonconforming status, it shall be brought into compliance with this Code and obtain a new permit, or it shall be removed. ARTICLE M Landscaping, Screening and Buffer Regulations [Added 1-10-1989 by L.L. No. 1-19891 § 100-210. Purpose. The following standards are intended to enhance the appearance and natural beauty of the town and to protect property values through preservation and planting of vegetation, screening and landscaping material. Specifically, these standards are intended to enhance the appearance of major travel corridors and business areas; to reduce excessive heat, glare and accumulation of dust; to provide privacy from noise and visual intrusion; and to prevent the erosion of the soil, excessive runoff of drainage water and the consequent depletion of the groundwater table and the pollution of water bodies. § 100-211. General requirements. The following provisions shall apply to any use in all zoning districts: A. Landscaping, trees and plants required by these regulations shall be planted in a growing condition according to accepted horticultural practices, and they shall be maintained in a healthy growing condition. Any landscaping, trees and plants which are in a condition that does not fulfill the intent of these (Cont'd on page 10127) 10126.7 1-25-95 § 100-211 ZONING § 100-211 regulations shall be replaced by the property owner during the next planting season for the particular plant material. B. A screening fence or wall required by these regulations shall be maintained by the property owner in good condition throughout the period of the use of the lot, subject to the "i following conditions: _ (1) Any land that is or has been designated or required to be _ a screening area, buffer area or paved area pursuant to an approval by the Town Board, Planning Board or Zoning Board of Appeals of any grant of an application for a change of zone, variance or site plan approval or which is required by ordinance or local law .must be maintained by the owner of the property or any of the owners, successors in interest or assignees. (2) When it is determined by the Planning Board that any land is not maintained pursuant to such grant or law, the Building Inspector shall notify the owner .of record of such land, by certified mail to the address shown on the last completed assessment roll, .to erect, replace, repair or maintain fences, trees, plantings, shrubbery or other i screening or paved areas pursuant to the plan or law. (3) In the event that the owner of record does not comply with the notice within thirty (30) days of the date of said mailing, the Building Inspector may take the appropriate action to erect, replace, repair or maintain fences, trees, plantings, shrubbery or other screening or paved areas on the designated land. The Building Inspector shall certify f by affidavit the costs incurred either by the Department or the Town Board. The Town Board shall, by resolution, instruct -the Town Clerk to publish a public notice that a public hearing will be held for the purpose of adding to the assessment roll of the described lot or parcel the costs incurred and that, at the public hearing, the Town Board will hear and consider any objection which may be made to such roll. The publication of such notice shall not be less than ten (10) days before the time specified for such hearing. The Town Board, after public hearing, may then 10127 2-25-89 § 100-211 SOUTHOLD CODE § 100-212 cause such assessment to become a lien and may direct the Town Assessors to place it on the assessment roll. C. All landscaping, trees and planting material adjacent to parking areas, loading areas or driveways shall be properly protected from vehicular damage by barriers, curbs or other means. D. To the extent possible, existing trees, vegetation and unique site features, such as stone walls, shall be retained and protected. Existing healthy, mature trees, if properly located, shall be fully credited against the requirements of these regulations. E. Where lot size and shape or existing structures do not make it feasible ' to comply with the requirements for a front landscaped area or landscaped parking area, the Planning. Board may approve planters, plant boxes or .pots containing trees, shrubs and/or flowers to comply with the intent of these regulations. F. In cases where the edge of the pavement within a public right- of-way does not coincide with the front lot line, the property owner shall landscape the area between the front lot line and the edge of the street pavement. § 100-212. Front landscaped area. - A front landscaped area shall be required for all` uses in all zoning districts. The required landscaped area shall be covered with grass or other ground cover and shall include appropriate trees and shrubs. As a minimum, in all nonresidential districts and in the Hamlet Density Residential and R40 Low -Density Residential Districts, one (1) shade tree having a caliper of two (2) inches shall be planted within the front landscaped area for each forty (40) feet or fraction thereof of lot frontage. The purpose of the landscaping is to enhance the appearance of the use on the lot but not to screen the•use from view. A. Residential districts. In all residential districts, required front yards, except for the driveway, shall be landscaped with grass or other suitable ground cover, trees and/or shrubs. 10128 2-25-89 § 100-212 ZONING - § 100-213 B. Nonresidential districts. In all nonresidential districts, there shall be a landscaped strip in the front yard area; In the Limited Business, General Business and Light Industrial Park/Planned Office Park and Light Industrial Districts, the strip shall be twenty-five (25) feet, and in the Marine I and 1I Districts, the landscaped strip shall be fifteen (15) feet deep along and contiguous to the front lot line of the property. There shall also be a landscaped area five (5) feet wide abutting the front of the building in all nonresidential districts, including the Hamlet Business District. § 100-213. Transition buffer area. The purpose of the transition buffer area is to provide privacy from noise, headlight glare and visual intrusion to residential dwellings. A buffer area shall be required along all boundaries of a nonresidential lot abutting any lot in a residential district. Such buffer area shall comply with at least the following minimum standards: A. The buffer area shall be located within the boundaries of the subject property. B. The minimum width of buffer areas shall be as follows: (1) Hamlet Business District: fifteen (15) feet. (2) Marine I and II Districts: twenty (20) feet. (3) Limited Business District: twenty (20) feet. (4) General Business District- twenty-five (25) feet. (5) Industrial districts: thirty (30) feet. i' (6) Any district other than a residential district adjoining land owned or maintained by New York State, Suffolk County or Southold Town with current or potential use as parkland: twenty-five (25) feet. C. The buffer area shall be of evergreen planting of such type, height, spacing and arrangement as, in the judgment of the Planning Board, will effectively screen the activity on the lot from the neighboring residential area. As a minimum, the planting shall consist. of a double row of trees six (6) feet in 10129 5-25-89 § 100-213 SOUTHOLD CODE § 100-214 height planted at intervals of ten (10) feet on center. Nonevergreen planting may be included. to supplement evergreen planting, but not to take its place_ D. A landscaped earthen berm, wall or fence of a location, height, design and materials approved by the Planning Board may be accepted for any portion of the required planting and/or buffer area. E. Where the existing topography and/or landscaping provides adequate screening, the Planning Board may accept the existing planting and/or buffer area as the required planting. § 100-214. Landscaped parking area. In addition to the front landscaped area and buffer area requirements, parking areas shall comply with the following minimum standards: A. All uses required to provide twenty (20) or more off-street parking spaces shall have at least ten (10) square feet of interior landscaping within the paved portion of the parking area for each parking space and at least one (1) tree with a two-inch caliper for every ten (10) parking spaces or fraction thereof. Each separate landscaped area shall contain a minimum of one hundred (100) square feet, shall have a minimum dimension of at least eight (8) feet,. shall be planted with grass or shrubs and shall include at least one (1) tree of not less than two-inch caliper. B. A landscaped area shall be provided along the perimeter of any parking area except that portion _of the parking area which provides access to a street or parking facility on an adjacent lot. Accessways to adjacent lots shall not exceed twenty-four (24) feet in width and shall not exceed two (2) in number for each purpose. The landscaped area shall have a minimum dimension of four (4) feet, shall be planted with grass or shrubs and shall include at least one (1) tree of not less than two-inch caliper for every forty (40) feet along the perimeter of the parking area. In cases where the parking area adjoins a public sidewalk, the required landscaped area shall be extended to the edge of the sidewalk. 10130 5-25-89 § 100-214 ZONING § 100-230 C. Trees used in parking lots shall include honey locust, pine, oak or- other similar fast-growing, hardy varieties or existing trees where appropriately located. § 100-215. Properties located adjacent to creeks. The rear yards of properties located adjacent to creeks shall include natural vegetation and/or shall contain suitable planted vegetation to a minimum of twenty (20) feet inland from the mean high -water -line elevation or wetland boundary to prevent - erosion of the shoreline. Vegetation within the buffer strip shall not be fertilized or chemically treated. �G ARTICLE XXII (Reserved) ARTICLE XXIII Supplementary Regulations [Added 1.10-1989 by L.L. No. 1-19891 § 100-230. Exceptions and modifications. A. 'Established front yard setback. Where property in the vicinity is improved with principal buildings with front yards of less than that required by the provisions of this chapter, the front yard setback shall be the average setback .of the existing buildings within three hundred (300) feet of the proposed building on the same side of the street within the same use district. B. Exceptions to lot depth requirements. The minimum lot depth at any point may be decreased to seventy-five percent (75%) of the minimum requirement if the average depth conforms to the minimum requirement. C. Exceptions to yard requirements. 10131 8-25-93 § 100-230 SOUTHOLD CODE § 100-230 (1) Permitted obstructions. Cornices or cantilevered roofs may project not more than two (2) feet into a required yard. Belt courses, windowsills and other ornamental features may project not more than six (6) inches into a required yard. Fences or walls not over four (4) feet in height may be erected anywhere on the lot, except as set forth in § 100-232 herein. Paved terraces, steps and walks (other than such as are needed for access to the buildings on the lot) shall not project within fifteen (15) feet of a street line or four (4) feet of a property line. (2) Entries and porticos. A roofed -over but unenclosed projection in the nature of an entry or portico, not more than six (6) feet wide and extending not more than five (5) feet out from the front wall of the building, shall be exempt from the requirements of this section when the building otherwise complies with the regulations of this section. In computing the average setback, the presence of such entries and porticos shall be ignored. [Amended 7-13-1993 by L.L. No. 12-19931 (3) Permitted projections. In any district, chimneys on residential, public or semipublic buildings may project into a required yard to the extent of not more than two (2) feet. In any residential district, terraces or steps may project into any required yard, provided that no part thereof is nearer than four (4) feet to any lot line. [Amended 7-13-1993 by L.L. No. 12-19931 D. Height exceptions. The height limitations of this chapter shall not apply to: (1) Spires, belfries, cupolas and domes not for human occupancy; and monuments, transmission towers, 10132 8-25-93 § 100-230 ZONING § 100-230 chimneys, derricks, conveyors, flagpoles, radio towers, television towers and television aerials, provided that any television or radio aerial shall not be located nearer than a distance equal to its height above the roof or other permanent structure to which it is attached to any overhead electric transmission line carrying more than two hundred twenty (220) volts. (2) Bulkheads, observation towers, monitors, fire towers, hose towers, cooling towers, water towers, grain elevators or other structures where a manufacturing process. requires greater height, provided that any such structures that are located on any roof area that exceed in height the limits in the particular district shall not in the aggregate occupy more than twenty percent (20%) of the horizontal area of the roof and are set back one (1) foot from the edge of the roof for each additional foot in height greater than the specified height. (3) All mechanical equipment necessary to operate building services, which equipment is located on the roof of a structure, shall be screened in. a manner approved by the Planning Board. E. Retail sales in residential districts. Notwithstanding any other provision of this chapter, all premises located in any residential district and upon which retail sales are conducted shall be subject to site plan approval by the Planning Board, pursuant to the provisions of Article XXV. F. [Added 5-31-1994 by L.L. No. 10-1994] Exceptions for accessory buildings and structures. Notwithstanding any other provision of this chapter, accessory buildings and structures in all zoning districts must comply with the location and minimum setback requirements provided at § 100-33, with the following provisions: (1) An accessory building may be otherwise located when attached by a breezeway, provided that it is 10133 6-25-94 § 100-230 SOUTHOLD CODE § 100-232 used only for accessory storage or garage purposes and meets all setback provisions required for the main, principal building. (2) - In the event of a change from an accessory storage or garage use to livable floor area, the breezeway and garage -storage area may only be converted by direct access between the rooms and made an integral part of the existing livable floor area of the principal building for single-family use. (3) Other types of additions which connect two (2) buildings must meet the setback requirements for the principal building. (4) Deck and/or patio additions to A principal building which do not connect two (2) structures or buildings are permitted if they meet- principal building setbacks. § 100-231. Height of fences, walls and berms. [Amended 11-24-1992 by L.L. No. 25-19921 Fences, walls - or berms may be erected and maintained, subject to the following height limitations: A. When located in the front yard of residential zones, the same shall not exceed four (4) feet in height When located in the front yard of nonresidential zones, the same shall not exceed six (6) feet in height. B. When located in or along side and rear yards, the same shall not exceed six and one-half (61/2) feet in height. § 100-232. Corner lots. A. On a corner lot, front yards are required on both street frontages, and one yard other than the front yard shall be deemed to be a rear yard, and the other or others side yards. 10134 - 6-25-94 § 100-232 ZONING § 100-235 B. On all corner lots, berms, walls, fences and hedges or any other potential obstruction to vision shall not exceed a height of two and one-half (21/2) feet above the average street level within an isosceles triangle having thirty- foot sides along each street to preserve sight lines for traffic. § 100-233. Building length and separation for buildings containing multiple dwellings. 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. § 100-234. Courts. A. Inner courts. An inner court is permitted in multifamily dwelling developments if the minimum dimension of such court is not less than two (2) times the average height of all surrounding walls, but not less than sixty (60) feet. The height of walls surrounding an inner court shall be measured from finished grade to the base thereof to the top of such wall, except that, in the case of roofs with a slope exceeding five (5) inches vertical to twelve (12) inches horizontal, the height shall be measured to the mean point of the roof. B. Outer courts. The minimum width of an outer court shall _ 'be twenty (20) feet, and the depth thereof shall not exceed its width. § 100-235. Access requirements. A. Street access. 10134.1 6-25-94 § 100-235 SOUTHOLD CODE § 100-235 (1) No building shall be erected on a lot that does not have direct access to a public street in accordance with § 280-a of the Town Law. (2) All buildings and structures shall be so located as to provide safe and convenient access for servicing, fire and police protection and off-street parking and/or loading. (Cont'd on page 10135) 10134.2 6-25-94 § 100-235 ZONING § 100-237 B. Residential rear or flag lots and accessways. Any rear lot or flag lot' occupied or to be occupied by a one -family dwelling shall have access thereto by means of an accessway, having a width of not less than fifteen (15) feet, serving only such lot. The area -of the accessway shall not be included in determining the area of any lot. The front yard of any lot having access to a street by means of an accessway shall be the required front yard specified for the district in which the lot is located and shall be measured from the rear lot line to the front lot. C. [Added 3-26-1991 by L.L. No. 8-1991] Fire lane standards for all lots improved with a building or structure are as follows: (1) Surface free from potholes, ruts and other defects. (2) Up to fifteen (15) feet in width and up to fifteen (15) feet in height, subject to approval by the Building Inspector for residential structures. § 100-236. Open -storage. [Amended 3-26-1991 by L.L. No. 7- 1991; 12-22-1992 by L.L. No. 35-1992] No unenclosed storage, except parking of operable passenger vehicles capable of passing inspection or recreation vehicles or boats and commercial vehicles as set forth in § 100-191, shall be permitted in a residential district. § 100-237. Prohibited uses in all districts. [Amended 11-24-1992 by L.L. No. 26-1992] t_ A. Any use which is noxious, offensive or objectionable by reason of the emission of smoke, dust, gas, odor or other form of air pollution or by reason of the deposit, discharge or dispersal of liquid or solid wastes in any form in such manner or amount as to cause permanent damage to the soil and streams or to adversely affect the surrounding area or by reason of the creation of noise, vibration, electromagnetic or other disturb- ance or by reason of illumination by artificial light or light reflection beyond the limits of the lot on or from which such 10135 1-25-93 § 100-237 SOUTHOLD CODE § 100-237 light or light reflection emanates; or which involves any dangerous fire, explosive, radioactive or other hazard; or which causes injury, annoyance or disturbance to any of the surrounding properties or to their owners and occupants; and any other process or use which is unwholesome and noisome and may be dangerous or prejudicial to health, safety or general welfare, except where such activity is licensed or regulated by other governmental agencies. . B. Artificial lighting facilities of any kind which create glare beyond lot lines. C. Uses involving primary production of the following products from raw materials: charcoal and fuel briquettes; chemicals; aniline dyes; carbide; caustic soda; cellulose; chlorine; carbon black and bone black; creosote; hydrogen and oxygen; industrial alcohol; nitrates " of an explosive nature; potash; plastic materials and synthetic resins; proxylin; rayon yarn; hydrochloric, nitric, phosphoric, picric and sulfuric acids; coal, a coke and tar products, including gas manufacturing, explo- sives; gelatin, glue and size (animal); linoleum and oil cloth; matches; paint, varnishes and turpentine; rubber (natural or synthetic); soaps, including fat rendering starch. D. The following processes: (1) Nitrating of cotton'or of other materials. (2) Milling or processing of flour. (3) Magnesium foundry. (4) Reduction, refining, smelting and alloying metal or metal ores. (5) Refining secondary aluminum. (6) Refining petroleum products, such as gasolines, kerosene, naphtha and lubricating oil. (7) Distillation of wood or bones. (8) Reduction and processing of wood pulp and fiber, including paper mill operations. 10136 1-25-93 § 100-237 ZONING § 100-239 E. Operations involving stockyards, slaughterhouses and slag piles. F. Storage of explosives. G. Quarries. H. Storage of petroleum products. Notwithstanding any other provisions of this chapter, storage facilities with a total combined capacity of more than twenty thousand - (20,000) gallons, including all tanks, pipelines, buildings, structures and accessory equipment designed; used or intended to be used for the storage of gasoline, fuel oil, kerosene, asphalt or other petroleum products, shall not be located within one thousand (1,000) feet of tidal - waters or tidal wetlands. § 100-238. Provisions for community water, sewer and utility facilities. ,Where public sewer and/or public water and/or public or private utility systems are required, no building or premises to be serviced by such systems shall be used or occupied nor shall - a certificate of occupancy be issued with respect to the use and occupancy of such buildings and/or premises unless and until all such required systems and facilities have been constructed and are in proper operating condition and have been approved by all agencies having jurisdiction thereof. § 100-239. Land under water; filled land. Streams, ponds, tidal marshes and portions of Long Island Sound and its various bays and estuaries, lying within the boundaries of the Town of Southold, whether or not so indicated on the Zoning Map as being in a particular use district, shall be considered as being in the most -restricted use district abutting thereon, and such zoning classification shall continue in force regardless of any filling or draining of such lands.. Nothing herein contained shall be construed to permit the filling or 10137 8-25-93 § 100-239 SOUTHOLD CODE § 100-239.2 dredging of such land. For the purpose of computing density for the development of any lot or lots, no land under water, unless filled pursuant to law, shall be included in computing the minimum lot area for each dwelling unit permitted under the appropriate zoning district in which the property lies. § 100-239.1. Excavations. [Amended 6-15-1993 by L.L. No. 9-1993] No excavation of any kind shall be permitted except in connection with the construction in the same lot of a building for which a building permit has been duly issued. In the event that a building operation is arrested prior to completion and the building permit therefor is allowed to lapse, within six (6) months after the date of expiration of such permit, the premises shall be cleared of . any rubbish or other unsightly accumulations, and topsoil shall be replaced over all areas from which such soil may have been removed. Any excavation for a basement or foundation with a depth greater than three (3) feet below grade shall be either filled or surrounded by a substantial fence adequate to deny children access to the area and adequately maintained by the owner of the premises. § 100-239.2. Tourist camps, camp cottages and trailers A. Permits required. No tourist camp shall be established, maintained or operated in any district nor shall any tent, tent house, camp cottage, house car or trailer to be used or occupied as a place for living, sleeping or eating, whether charge is or is not made, be erected or placed therein, unless authorized by the Town Board pursuant to the provisions of Chapter 88, Tourist and Trailer Camps. B. Automobile trailers or house cars. Notwithstanding any other provisions of this chapter, a single automobile trailer or house car may be located outside a tourist camp only when authorized by the Town Board and 10138 8-25-93 § 100-239.2 ZONING § 100-239.4 subject to such _conditions as may be prescribed by the Town Board. C. Exemptions. This section shall not be deemed to apply to the temporary or seasonal camp of any unit of the Boy Scouts of America or the Girl Scouts of America or other such organizations under the leadership provided by said organizations, respectively. § 100-239.3. (Reserved)10 § 100-239.4. Building setback requirements adjacent to water.bodies and wetlands. [Added 3-14-1989 by L.L. No. 3-1989] Notwithstanding any other provisions of this chapter, the following setback requirements shall apply to all buildings located on lots adjacent to water bodies and wetlands: A. Lots adjacent to. Long Island Sound, Fishers Island Sound and Block Island Sound. [Amended 11-24-1992 - , by L.L. No. 20-19921 (1) All buildings located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than one hundred (100) feet from the top of such bluff or bank. (2) Except as otherwise provided in Subsection A(1) hereof, all buildings located on lots adjacent to sounds shall be set back not less than one hundred -(100) feet from the ordinary high-water mark of said sound. (3) Buildings which are proposed landward of existing principal dwellings shall be exempt from the 10 Editor's Note: Former $ 100-239.3, Berms, was deleted 11-24-1992 by L.L. No. 24-1992. 10139 2-25-95 § 100-239.4 SOUTHOLD CODE § 100-239.5 requirements -set forth in Subsection A(1) and A(2) hereof. [Added 6-15-1993 by L.L. No. 8-1993] B. All buildings located on lots upon which a .bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds'shall be set back not less than seventy-five (75) feet from the .bulkhead. The following. exceptions will apply: (1) Buildings 'which are proposed landward of existing buildings. (2) Lands which are not bulkheaded and are subject to, a determination by the Board of Town Trustees under Chapter 97 of the Code of the Town of Southold. (3) Docks, wharves, pilings, boardwalks, stairs, promenades, walkways and piers, which are accessory and separate from existing buildings or accessory structures. C. [Amended 6-15-1993 by L.L. No. 8-19931 All buildings located on lots adjacent to any freshwater body shall be set back not less than. seventy-five (75) feet from the edge of such water body or not less than seventy-five (75) feet from the landward edge of the freshwater wetland, whichever is greater. The following exception will apply: (1) Lands which are not bulkheaded and are subject to a determination by the Board of Town Trustees under Chapter 97 of the Code of the Town of Southold. § 100-239.5. Lighting restrictions. [Added 12-27-1994 by L.L. No. 30-19941 This section is adopted pursuant to the town's police power. This section prohibits excessive light and glare by any use, restricts lighting in the middle of thenight and sets a maximum height for lights to minimize the potential for glare. 10140 2-25-85 § 100-239.5 ZONING § 100-239.5 A. All outdoor lighting shall be shielded so that the light source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries. B. It is a general principle of the town that parking lot lights should be turned off or reduced in intensity between 11:30 p.m. and 4:00 a.m. C. All freestanding outdoor lighting fixtures shall be limited to a height of no more than fourteen (14) feet above ground level. The fixture shall focus and direct the light as specified in Subsection A above. D. Recreational lighting may exceed the above height limit but is subject to the following standards: (1) All intensive recreational lighting shall be so located on the property with reference to surrounding properties that it shall be reasonably screened from view and compatible with the existing or potential use of neighboring properties. (2) No outdoor recreational facility, public or private, --, shall be illuminated after 11:00 p.m. except to conclude a recreational or sporting event_ or any other similar activity conducted at or in the facility which was in progress under such illumination prior to 11:00 P.M. (Cont'd on page 10142.1) 10141 2-25-95 § 100-240 ZONING § 100-241 ARTICLE XXIV Nonconforming Uses and Buildings [Added 1-10-89 by L.L. No. 1-19891 § 100-240. Purpose. The purpose of this Article is to reduce or minimize impacts of uses and buildings which do not conform to the use or bulk requirements set forth in this chapter, all uses and buildings that become nonconforming by reason of any subsequent amendment to this chapter and all buildings containing nonconforming uses. R § 100-241. Nonconforming uses. Except as provided hereinafter, nonconforming use of buildings or open land existing on the effective date of this chapter or authorized by a building permit issued prior thereto, regardless of change of title, possession or occupancy or right thereof, may be continued indefinitely, except that such building or use: A. Shall ,not be enlarged, altered, extended, reconstructed or restored or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, i nor shall any external evidence of such use be increased by any L.4 means whatsoever. B. Shall not be moved to another location where such use would be nonconforming. C. Shall not be changed to another nonconforming use without approval by the Board of , Appeals and then only to a use which, in the opinion of the said Board, -is of the same or of a more -restrictive nature. D. Shall not be changed back to a less -restrictive use if changed to a more -restrictive nonconforming use. E. Shall not be reestablished if such use has been changed to or replaced by a conforming use. F. Shall not be repaired or rebuilt unless the use is changed to a conforming use if the nonconforming use is damaged by fire or other causes to the extent of fifty percent (50%) of its fair value. 10142.1 5-25-89 § 100=241 ZONING § 100-242 G. Whenever a nonconforming use of a building or premises has been discontinued for a period of more than two (2) years or has been changed to a higher classification or to a conforming use, anything in this Article to the contrary notwithstanding, the nonconforming use of such building or premises shall no longer be permitted unless a variance therefor shall have been granted by the Board of Appeals. § 100-242. Nonconforming buildings with conforming uses. A. Nothing in this Article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new j nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. B. Reconstruction of a damaged building. (1) A'nonconforming building, containing a conforming use which has been damaged by fire or other causes to the extent of more than fifty percent (50%) of its fair value shall not be repaired or rebuilt unless such building is made substantially to conform to the height and yard requirements of the Bulk Schedule.8 _ (2) Application for a permit to build 'or restore the damaged portion of any building damaged or destroyed as set forth in Subsection B(1) above shall be filed within one (1) year of the date of such damage and shall be accompanied by plans for reconstruction which, as to such portion, shall comply with the requirements set forth above. If such permit is issued, it shall lapse one (1) year 8 Editor's Note: The Bulk Schedule is included at the end of this chapter. 10143 12-25-95 § 100-242 _ SOUTHOLD CODE § 100-244 thereafter unless reconstruction in accordance with the approved plans has been initiated. § 100-243. Nonconforming buildings with nonconforming uses. A. A nonconforming building containing a nonconforming use shall not be enlarged, reconstructed or structurally altered or moved unless the use ' of such building is changed to a conforming use. B. A nonconforming building containing a nonconforming use which has, been damaged by fire or other causes to the extent of more than fifty percent (50%) of its fair value shall not be repaired or rebuilt unless the use of such building is changed to a conforming use. § 100-244. Nonconforming lots. [Amended 11-28-1995 by L.L. No. 23-19951 A. This section is intended to provide. minimum 'standards - for granting of a building permit for the principal buildings of lots which are recognized by the town under § 100-24, are nonconforming and have not merged pursuant to § 100-25. B. Such lot shall be required to meet the following: Area Yard (square Lot Front Side Both Sides Rear fee) coverage (feet) (feet) (feet) (feet) 120,000 to 10%- 75 30 60 85 199,999 100,000 to 10% 75 30 60 85 119,999 80,000 to 15% 60 30 60 85 99,999 40,000 to 20% 60 20 45 75 79,999 10144 12-25-95 § 100-244 ZONING § 100-250 Area Yard (square Lot Front Side Both Sides Rear fee) coverage (feet) (feet) (feet) (feet) 20,000 to 20% 40 15 35 50 39,999 Less than 20% 35 15 25 35 20,000 § 100-245. Repairs and maintenance. Notwithstanding any of the foregoing regulations, nothing in this Article shall be deemed_ to prevent normal maintenance and repair of any building or the carrying out upon the issuance of a building permit of major structural alterations or demolitions necessary in the interest of public safety. § 100-246. Involuntary moves. Sections 100-241A and B and § 100-243A herein are not intended to apply to involuntary, movements of uses or structures as a result of 'condemnation actions or other litigation. ARTICLE XXV Site Plan Approval . [Added 1-10-1989 by L.L. No. 1-1989; amended 5-23-1989 by L -.L. No. 9=1989] § 100-250. Applicability. This Article shall apply to every land,use that is permitted in the Town of Southold except the single -family -home use on a single and separate lot as set forth in Article III, § 100-31A(1), and customary nonagricultural accessory uses to a single-family residential home use as stated in the Town Code. Any change in use or intensity of use which will affect the characteristics` of the site in terms of parking, loading, access, drainage, open 10145 12-25-95 § 100-250 SOUTHOLD CODE § 100-251 space or utilities will require site plan approval. 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 site plan approval by the Planning Board and all other public agencies involved. § 100-251. Findings of fact; purpose. A. The Town Board wishes to protect the unique rural and open space character of the town and hereby finds that development within the town, exclusive of the . Incorporated Village of Greenport, should proceed along the lines of good order and with due regard to the. public interest, including but not limited to the following: exterior design of new or renovated structures and portions thereof; the construction and location of parking areas, whether or not accompanied by new building construction; changes in the use of existing structures; the use of open land; and that the proposed site use would impact beneficially on the .well-being of the _ I population in general, increase the town's tax base and facilitate the local economy. B. It is the purpose of this Article to encourage good design and to: (1) Protect the established character and value of the adjoining properties, both ,public and private, and of the neighborhood in which they are located. (2) Lessen and, where possible, prevent traffic congestion on the streets and highways upon which the site fronts or which provide vehicular or pedestrian access thereto. (3)' Prevent overcrowding of land or buildings. (4) . Secure safety from fire, flood and other dangers and provide adequate light, air and convenience of access. 10146 12-25-95 § 100-251- ZONING § 100-252 (5) Mitigate the environmental impacts of new development on the land, air and water resources. § 100-252. Objectives. II In considering and acting upon site development plans, the Planning Board shall take into consideration the public health, safety and welfare, the economic impact and 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. 'IYaffic access: that all proposed traffic accessways are adequate but not excessive in number; adequate in width, grade, alignment and visibility; are located in proper relationship to intersections, pedestrian crossings and other places of public assembly; and, further, are in conformance with overall traffic safety considerations.- Other public agencies may require further improvements above and beyond the town's requirements. Roadway improvements not directly in front of the site may be necessary and required, based on - overall traffic circulation and signalization of adjacent access points and streets. B. Interior circulation and parking: that adequate off-street parking and loading spaces are provided to satisfy the parking needs of the proposed uses on site and that the interior circulation system is so designed td provide convenient access to such spaces consistent with pedestrian safety, and, further, that loading areas shall not impede the flow of interior pedestrian and vehicular traffic. Handicap accessibility shall be provided and placed at the nearest point to the proposed structure. C. Landscaping and screening. that all parking, service and similar areas are screened at all seasons of the year from view 10147 , -25-89 § 100-252 SOUTHOLD CODE § 100-252 of adjacent residential districts and streets and that the landscaping of the site complements the intended use. Existing trees of at least six (6) inches or more in diameter measured three (3) feet above the base of the trunk shall: be retained to the maximum extent possible. D. Natural features: that high priority shall be given to: (1) The conservation of all natural features on and adjacent to the site, including but not limited to natural drainage - courses, fresh- and saltwater wetlands and marshes, dunes, bluffs, beaches, escarpments, woodlands, large trees, unique plant and wildlife habitats, flood hazard areas and wildlife breeding areas. (2) The protection of ground- and surface water from contamination by pollutants. (3) The protection of air quality. E. Pavement: that all other paved areas intended for use by pedestrians and vehicles shall make use of an aesthetically pleasing and safe combination of pavements and plant materials which would serve to encourage their use by pedestrians and vehicles. F. Lighting: that all outdoor lighting shall be of such a nature and so arranged as to minimize the projection of direct light and glare onto adjoining properties and streets. Outdoor lighting shall be compatible with the intended use and also the zoning district, particularly in or adjacent to residential zones. G. Public address intercom or sound systems: that any sound or public-address system shall be located to minimize sound to adjoining properties or on the adjacent street. H. Grading and drainage: that all site developments shall respect existing grades on site and on adjoining sites to avoid unnecessary excavation or filling and that all stormwater runoff generated on site will be retained on site in an environmentally acceptable manner. All grading and drainage plans must meet with the requirements of the Town Engineer and/or Superintendent of Highways. 10148 7-25-89 § 100-252 ZONING § 100-253 I. Public utilities: that plans for water supply and sewage disposal, cable, telephone, electricity, gas, etc., shall be considered and included in this section and shall conform to such public requirements and standards as may exist. J. Existing development and Comprehensive Development Plan: that the. development proposed is at a scale fconsistent with existing development and with the ! - Comprehensive Development Plan of the Town of Southold. K. Architectural features: that the natural features of the site and surroundings, exterior. design and appearances of existing adjacent structures and the character of the district are evaluated in accordance with the architectural standards set forth in this chapter. [Amended 5-15-1995 by L.L. No. 7-19951 L. Handicapped access: that the site plan and building design shall accommodate the needs of the handicapped and be in conformance with the applicable state and local standards concerning the same. § 100-253. Approval of site plan required. A. No building permit shall be issued for any structure or building for which use a site 'plan is pursuant to this Chapter 100, until a determination has been made by the Planning Board as to whether a site plan or an amendment thereto is required and, if required, that 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, along with all necessary approvals and permits as may be required by other public agencies. [Amended 5-15-1995 by L.L. No. 8-19951 B. No regrading, clearing, tree removal or any other work in preparation of future use of a site, except limited clearing needed to undertake survey work or soils investigations, may take place or be permitted to take 10149 6-10-95 § 100-253 SOUTHOLD CODE § 100-253 place until the site plan has been approved by the Planning Board. C. No certificate of occupancy shall be issued for any building, structure, premises,, lot or use of land covered by this Article unless the structure has been _ completed (whether the structure is being constructed, renovated, reconstructed, altered, moved or put into use), and the site is developed in accordance with an approved site development plan or approved amendment of any such plan. D. Upon request of the owner or his authorized agent for a certificate of occupancy, the Building Inspector shall issue the certificate, provided . that said Building Inspector, along with the Planning Board, shall find that such building or structure and site is in conformity with the approved site plan. E. After a certificate of occupancy'is issued, there shall be no exterior alterations of a building that expand the footprint or any revisions of the site or changes of use without first obtaining Planning Board approval.- F. pproval. F. Failure to obtain site plan approval. shall be a violation of this Article and. shall be subject to such penalties as are set forth in § 100-285 of this chapter. G. Upon recommendation of the Planning Board and approval of the Town Attorney, the Building Inspector may revoke an existing certificate of occupancy upon a showing that the subject premises is being occupied or . used in violation of an approved site plan and may direct that such occupancy or use be discontinued. The Town Attorney is authorized to commence proceedings in a court of appropriate jurisdiction to restrain said use or. occupancy. 10150 6-10-95 § 100-254 ZONING' § 100-254 § 100-254. Review procedure. A. Presubmission conference. Prior to the submission of a site development plan, the applicant or his agent shall meet with the Planning Board or its representative. The purpose of such conference shall be to discuss proposed uses or development plan elements that shall be submitted to the Planning Board in order for said Board to determine conformity with the provisions and intent of this Article. Said 'meeting shall take place within thirty (30) calendar days from the date of written request therefor. B. Site development plan. Nine (9) copies of the site development plan application and. any related i information as defined during the presubmission conference shall be submitted to the Planning Board —; within four (4) months of the presubmission conference. If a site development plan, application is not submitted { within four (4) months following a presubmission conference, another conference may be required by the I ' Planning Board. I (1) Within ten (10) business days of receipt of the . application, the Planning Board -shall determine whether to accept, reject or request revision of the application. (2) If the Planning Board determines said application to be acceptable but in need of revision, it shall notify the applicant, in writing, wherein said application is deficient within thirty (30) business days. (3) In the case of a variance or special exception application requiring site plan approval; the site development plan application shall be subjected to preliminary review and written comments by the Planning Board within sixty (60) days of such request by the Board of Appeals. (a) In no case may the Planning Board grant site plan approval prior to the issuance of a special 10151 6-10-95 § 100-254 SOUTHOLD CODE § 100-254 exception by the Zoning Board of Appeals, if such is required. (b) - Before the Planning Board can approve any application for the amendment of a use or structure for which a special exception was granted, the applicant must obtain permission from the Zoning Board of Appeals to expand or otherwise alter or change either the use or the structure. (4) The Planning Board may vary or waive parking requirements, provided that such change will not have a detrimental effect on the public health, safety or general welfare and will not have the effect of nullifying the intent and provision of the Zoning Code. (a) The Planning Board may allow or require landscaping to be installed in place of specified parking spaces. (b) On any site for which the Planning Board grants approval . for. less than the required number of spaces for that use,. the Planning Board shall .have the right to review the parking requirements again if a change of use is proposed. (5) Review of a new site plan for a lot on which an approved site plan already exists shall not proceed until the approved plan is withdrawn by the applicant. C. When the Planning Board determines said application to be acceptable, it shall, within ten (10) business days of such determination, distribute said application and documentation to the town, county and state agencies having jurisdiction, for their comment. Such referral shall include a referral to the Architectural Review Committee. The Architectural Review Committee shall make a written recommendation to the Planning Board 10152 6-10-95 § 100-254 ZONING § 100-254 on the site plan within ten (10) business days of receipt of the referral. If the Committee fails to make a recom- mendation within this time period, the project shall proceed to the Planning Board for consideration without Committee view. [Amended 5-15-1995 by L.L. No. 7-1995] D. Upon receipt and review of written comments from each of the agencies to which the proposed, site plan was distributed, the Planning Board shall, within a reasonable period of time, not to exceed thirty (30) days, determine whether to require revisions to the proposed plan. E. No decision on the application shall be made until the State Environmental Quality Review Act' process is completed. F. After the Planning Board has determined that the proposed site plan is suitable for approval, it shall: (1) Forward the plan to the Building Inspector for final review and certification. (2) Forward the plan to the Fire Commissioner 'of the fire district within which the site is located for a determination as to whether a fire well is needed and, if so; its location. (3) Notify the applicant, in writing, to make an application for the appropriate curb cut permits. (4) Submit the proposed site plan to the Suffolk County Planning Commission in accordance with the provision of the Suffolk County Charter, if necessary. (Cont'd on page 10153) 1 Editor's Note: See Art. S of the Environmental Conservation law. 10152.1 6-10-95 § 100-254 ZONING § 100-254 G. Upon receipt of the Building Inspector's certification, the Fire Commissioner's response, the curb cut permits and the comments of the Suffolk County Planning Commission, the Planning Board shall place the site plan on the agenda of the next regularly scheduled public meeting. H. The Planning Board shall hold a public hearing to consider the application. Notice shall be .provided pursuant to Chapter 58: [Amended 12-27-1995 by L.L. No. 25-199511 I. Prior to the Planning. Board's endorsement of the site plan, the applicant must sign a statement placed on the site plan indicating his/her knowledge and acceptance of the conditions of approval. J. Amendments to an existing site plan may be acted upon in the same manner as a new site plan. K. A guaranty of performance may be required for all public improvements as part of the conditions of approval. Such guaranty shall be based on a listing of required site improvements in accordance with Chapter A106 of this Code. L. Within ten (10) days of final approval, a copy of the endorsed site plan shall be sent to: (1) The Building Department. (2) The Town Engineer. (3) The Town Trustees, when applicable. (4) The Highway Department. (5) The Zoning Board of Appeals, when applicable. I Editor's Note. This local law also provided for the repeal of former Subsection I which dealt with giving notice by certified mail and immediately followed this subsection, and for the relettering of former Subsections J through N as I through M, respectively. 10153 1-26-96 § 100-254 SOUTHOLD CODE § 100-256 M. The Planning Board shall have the right to deny the proposed site plan for lack of compliance with the provisions of the Town Code. The Planning Board shall notify the applicant, in writing, within ten (10) days of such determination, of the reasons for such denial. § 100-255. Duration of plan. A. An approved site. development plan shall be valid for a period of three (3). years from the date of approval. All work proposed on the plan shall be completed within three (3) years from the date of approval unless a longer period was approved or the applicant obtains an extension from the Planning Board. B. All site plans which have received final approval prior to the enactment of this Article shall remain valid for a period of three (3) years from the date of such enactment. This period will begin when all governmental approvals have been obtained. § 100-256. Application requirements; fees. A. Submission of a complete site plan application shall consist of: (1) A completed site plan application form. (2) The site plan review fee, as specified in Subsection B below. (3) A completed environmental assessment form. (4). Nine (9) copies of the site plan. (5) Four (4) copies of a property survey, certified by a licensed land surveyor. B. Fees. 10154 1-25-96 § 100-256 ZONING § 100-256 (1) The application fee for a new site plan shall be one hundred fifty dollars ($150.) per acre or any fraction of an acre thereof, plus two and five -tenths cents ($0.025) per square foot of building area. (2) The application fee for a revised site plan shall be one hundred fifty dollars ($150.), plus two and five - tenths cents ($0.025) per square foot of building area. C. Standards. Site plan design shall include the following items: (Cont'd on page 10155) 10154.1 1-25-96 § 100-256 ZONING § 100-256 (1) Technical data: (a) The lot, block and section number of the property, taken from the latest tax records. (b) The name and address of the landowner on record: [1] The names and addresses of adjoining landowners. [2] The name and address of the applicant, if not the same as the landowner. (c) The name and address of the person, firm or organization preparing the snap, sealed with the applicable New York State license seal and signature. (d) Date, graphic scale and North point, whether true or magnetic; if magnetic, show the date of reading. (e) A survey prepared by a licensed surveyor or civil engineer. The site plan may reference a land surveyor's map or base reference map. All distances shall be in feet and hundredths of a foot. All angles shall be given to the nearest ten (10) seconds or closer. The error of closure shall not exceed one (1) in ten thousand (10,000). (f) The locations, names and widths of all rights-of-way within five hundred (500) feet of property lines. If none exist within five hundred (500) feet of the subject property, indicate the distance to the nearest intersection with a public street. (g) A separate key map showing location and owners of all adjoining lands within five hundred (500) feet, as shown on the latest tax records, at a scale of one (1) inch equals one hundred (100) feet. (h) The location, width and purpose of all existing and proposed easements, setbacks, reservations and areas dedicated to public use within or adjoining the property. 10155 7 -25 -ss § 100-256 SOUTHOLD CODE § 100-256 (i) A complete outline of other existing easements, deed restrictions or covenants applying to the property. (j) Existing zoning, including zone lines and dimensions. (k) Site plans drawn at the scale of one (1) inch equals twenty (20) feet. If all required information cannot be shown clearly on one (1) plan, the information should be separated as follows: [1] Alignment and schedule plan. [2] Grading and drainage. [3] Landscaping. [4] Other, e.g., site utilities. (2) Natural features: (a) Existing contours with intervals of two (2) feet or less, referred to mean sea level as per United States Geological Survey datum. (b) Boundaries of any areas subject to flooding or stormwater overflows, tidal bays, saltwater marshes, beaches and all freshwater bodies, including wet- lands and intermittent streams, perimeter bounda- ries of shoreline bluffs, dunes and beaches. (c) The location of existing natural features, including but not limited to natural drainage swales, water- courses, wooded areas and wetlands, as defined by the New York State Department of Environmental Conservation and the Board of. Trustees of Southold Town, marshes, ponds, dunes, bluffs, beaches, kettleholes, escarpments, wildlife habitats, flood hazard areas, erosion -prone areas and trees of six (6) inches in diameter at a point three (3) feet above the trunk base. (d) The location of any existing cultural and historical features within five hundred (500) feet of the property boundaries. 10156 7-25-89 § 100-256 ZONING § 100-256 (3) Existing building structures and utilities: (a) The locations, dimensions and outlines of all buildings, as defined in § 100-13 of this chapter, and all uses of the site. (b) Paved areas, including parking areas, sidewalks and vehicular access between the site and public streets. (c) The locations, dimensions, grades and flow directions of any existing culverts, waterlines or sewage disposal systems, as well as other underground and aboveground utility poles and utility lines within and adjacent to the property. (d) The location and use of all buildings and structures, including curb cuts, within two hundred (200) feet of the boundary of the subject property. (4) Proposed construction: (a) The location of proposed buildings or structural improvements, indicating setbacks from all property lines and horizontal distances from existing structures. (b) The location and design of all uses not requiring structures, such as off-street parking and loading areas and pedestrian circulation. (c) The location, direction, power level and time of use for any proposed outdoor lighting or public- address systems. (d) The locating and plans for any outdoor signs must be in accordance with applicable sign regulations. (e) The location and details of aprons, curbs, sidewalks, fencing (type and location), grading, including existing and proposed topography 10157 6-10-95 § 100-256 SOUTHOLD CODE § 100-257 with two -foot contours [on site and two hundred (200) feet beyond the property line] and spot elevations for buildings and all structures, drainage calculations, details of drainage structures and watershed areas, where applicable. (f) Grading and drainage plans shall be based upon site stormwater retention, in conformance with Chapter A108, Highway Specifications. (g) The location and listing of landscaping, buffering and street tree plans, including type, material, size, quantity and location. (h) The location of water and sewer mains, electrical service, cablevision and telephone installations, ground transformers, fire well and fire hydrants and/or any alternate means of water supply and sewage disposal and treatment. (i) Building elevations for all facades and floor plans showing the proposed use of floor area. § 100-257. Architectural review standards. [Added 5-15-1995 by L.L. No. 7-19951 Site plans shall be reviewed for conformance with the following criteria: A. Appropriate diversity of design elements from another structure or structures located or proposed to be located on the same street or corner thereof and within five hundred (500) feet of the site of the structure for which a site plan or building permit has been requested, in respect to one (1) or more of the following features of exterior design and appearance: (1) Substantially identical facade, disregarding color. 10158 6-10-95 § 100-257 ZONING § 100-257 (2) Substantially identical size and arrangement of either doors, windows, porticoes, porches or garages or other openings or breaks or extensions in the facade, including reverse arrangements. (3) Other substantially identical features, such as but .not limited to setbacks from street lines, heights, widths and lengths of elements of the building design and exterior materials and treatments. B. Minimize or eliminate visual discord or dissimilarity with respect to other structures located or proposed to be located on the same street or a corner thereof and within five hundred (500) feet of the site of the structure for which a building permit is requested, in respect to one (1) or more of the following. features of exterior design and appearance: (1) Facade, disregarding color. (2) Size and arrangement of doors, windows, porticoes, porches or garages or other openings, breaks. or extensions in the facade. (3) Other significant design features, such as but not limited to heights, widths and lengths of elements, roof structures, exposed mechanical equipment, service and storage areas, retaining walls, landscaping, signs, light posts, .parking areas and fences, service and loading areas. C. Maximize sensitivity to visual appearance and qualities of exterior design, including with respect to' signs, considerations of the harmony of colors or'compatibility of the proposed structure with the terrain in which it is to be located, including but not limited to excessive divergences of the height or levels of any part of the structure from the grade of the terrain. 10158.1 11_1_95 § 100-258 SOUTHOLD CODE § 100-259 § 100-258. Architectural Review Committee. [Added . 5-15-1995 by L.L. No. 7-19951 A. The Architectural Review Committee shall consist of five (5) members appointed by the Town Board to serve at the pleasure of the Board without compensation. If possible, the members of the Committee shall be appointed from the following categories: two (2) members shall be architects or landscape architects; one (1) member shall be from the Landmark Preservation Commission and ten (10) members shall be appointed from the hamlets of the town. The hamlet members shall vary and shall sit only on the site plans which are proposed in their hamlet. The hamlet members shall be from the following areas: two (2) from Fishers Island, two (2) from Orient/East Marion/Greenport, two (2) from Southold/Peconic, two (2) from New Suffolk/Cutchogue and two (2) from Mattituck/Laurel. [Amended 10-3-1995 by L.L. No. 20-1995] B. The term of office of the Architect and Landmark Preservation Commission members of the Committee shall be three (3) years, provided that those members first appointed shall be appointed for one- , two- and three-year. terms, respectively. The hamlet members shall be appointed for two-year terms, with the first appointments to be appointed for a one- and two-year term, respectively. § 100.259. Land clearing. [Added 8-8-1995 by L.L. No. 17-19951 No • person shall undertake or carry out land clearing, including grading, clearing, cutting and filling, excavating or tree removal associated therewith, without first having 1 Editor's Note: This local law also provided as follows:1°rhe purpose of this ordinance is to allow owners to take advantage of the existing vegetation on-site when developing a landscaping plan as part of site plan approval, and to prevent clear cutting of properties prior to site plan approvaL" 10158.2 11_1_95 § 100-259 ZONING § 100-260 obtained site plan approval. Weeding, gardening, mowing and the selective pruning of vegetation or selective cutting of diseased or dead trees shall not be included herein. Any landowner found guilty of violating this section shall be fined up to five thousand dollars ($5,000.). Site plan approval shall be withheld until and unless a plant restoration plan for that site is approved by the Planning Board. ARTICLE MM Special Exception Uses [Added 1-10-1989 by-L.L. No. 1-19891 § 100-260. Purpose. The provisions of this Article are designed to provide for administrative review of selected types of proposed land uses. Certain uses which are allowable under zoning are nevertheless so likely to significantly affect their_ surroundings that they require individual review to assure compatibility with existing land use patterns, community character and the natural environment before being permitted to come into existence. Similarly, certain authorized uses may take on such diverse forms in their actual implementation that it is wise to review and pass upon the adherence of each individual proposal to standards and guidelines previously established for the use involved. Finally, the case-by-case review achieved by use of the special exception approval mechanism can increase the flexibility and appropriateness of local development review and better enable local officials to avoid negative consequences which sometimes arise from the otherwise lawful development or use of a particular site. (Cont'd on page 10159) 10158.3 11-1-95 § 100-261 ZONING § 100-262 § 100-261. Special exception uses; approval required. [Amended 11-24-1992 by L.L. No. 22-19921 There is hereby created a category of land use approval to be known as "special exception uses." Said uses may not be commenced, created, undertaken, carried out or thereafter maintained or substantially expanded without a special exception approval first having been obtained therefor, which special exception approval shall be granted for the use by the Zoning Board of Appeals according to the provisions for the particular special exception use set forth in this Article or elsewhere in this chapter. Any land use, including the erection, construction, reconstruction, alteration, demolition, moving, conversion or change of use of any structure, shall be a special exception use requiring a special exception approval if the text of this chapter or the use schedule hereof denotes the .use as being either the subject of a special exception approval or simply a special exception use. No building permit for any such special exception use shall be issued until the required special exception approval shall have been granted for the same and the conditions .imposed in such approval as prerequisites to a building permit, if there be any, have been met. § 100-262. Application; hearing; approval; violations of conditions. A. An application for a special exception approval shall be on the form for the same provided by the Zoning Board of Appeals and shall be submitted in triplicate to the Zoning Board of Appeals, which shall review the application for completeness and conformity with this chapter. The .Zoning Board of Appeals shall reject the application if it is not complete or not in conformance with the Zoning Code and shall notify the applicant as to the reason for such rejection. If the application is satisfactory, the applicant and the Zoning Board of Appeals shall set the application down .for a public 10159 10-25-93 § 100-262 SOUTHOLD CODE § 100-262 hearing. The fee for a special exception shall be four hundred dollars ($400.), as set forth in., § 100-274. [Amended 4-10-1990 by L.L. No. 4-1990; 12-11-1990 by L.L. No. 29-1990; 9-8-1993 by L:L. No. 19-19931 B. Prior to taking action on any special exception use, the Zoning Board of Appeals shall schedule a public hearing within forty-five (45) days after determination that the application is complete. Within sixty (60) days following the close of the public hearing, the Board shall render a decision on the application. [Amended 6-15-1993 by L.L. No. 10-1993] C. [Amended 6-15-1993 by L.L. No. 10-1993] Effect of approval. A special exception approval issued in accordance with the provisions of this Article shall authorize only the special exception use for which the approval is granted. No use which is not a special exception use hereunder shall be authorized by any such approval. The approval may include, reasonable conditions which the Zoning Board of Appeals determines to be necessary or appropriate to ensure that the applicable general and .specific standards and safeguards set forth in this chapter for the use can and will be met and/or adhered to. A special exception approval shall be valid for a period of six (6) months but may be extended for one (1) additional six-month period by the Zoning Board of Appeals within the requirement of. new public notice of hearing. A continuing or permanent land use authorized by a special exception approval, which use is undertaken or begun during the period of validity of such approval, shall thereafter be deemed a lawful use as if the same were permitted by this chapter without need for a special exception permit; provided, however, that: (1) All conditions imposed by the special exception approval shall continue to apply unless they, by their express terms, are of limited duration. 10160 10-25-93 § 100-262 ZONING § 100-262 (2) All conditions imposed on special exception approval uses generally or specifically by this chapter shall continue to apply, regardless of whether any such (Cont'd on page 10161) 10160.1 10-25-93 § 100-262 ZONING § 100-263 conditions were expressly incorporated into the special exception approval. (3) The Zoning Board of Appeals shall retain continuing jurisdiction over the same. D. [Amended 6-15-1993 by L.L. No. 10-19931 Violations of conditions. A violation of any limitation or condition of a special exception approval or of any provision of this chapter applicable to a special exception use shall constitute a violation of this chapter. The Zoning Board of Appeals shall retain jurisdiction and shall have the right, after a public hearing, to modify, suspend or revoke such approval or any term or condition thereof or to impose thereon one (1) or more new conditions, all on the following grounds: (1) False statements or mistake of material fact: materially false or inaccurate statements in the application, supporting papers or supporting testimony or ignorance or misunderstanding of a material fact by the Board, which fact, had it been known to the Board at the time of its review, would have resulted in a denial of the approval sought. (2) Noncompliance with the terms and conditions of such approval: failure of the applicant -permittee to comply with any conditions or terms of the approval. (3) Activity beyond such approval: exceeding the scope of the activity, � use or project as the same was described in the application. § 100-263. General standards. [Amended 6-15-1993 by L.L. No. 10-19931 No special exception approval shall be granted unless the Zoning Board of Appeals specifically finds and determines the following. 10161 8-25-93 § 100-263 SOUTHOLD CODE § 100-264 A.. That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. B. That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts. C. That the safety, the health, the welfare, the comfort, the convenience or the order of the town will not be adversely affected by the proposed use and its location. D. That the use will be in harmony with and promote the general purposes and intent of this chapter. E. That the use will be compatible with its surroundings and 'with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance. F. That all proposed structures, equipment and material shall be readily accessible for fire and police protection. § 100-264. Matters to be considered. In making such determination, consideration shall also be given, among other things, to: A. The character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of any of such permitted uses. B. The conservation of property values and the encouragement of the most appropriate uses of land. C. The effect that the location of the proposed use and the location that entrances and exits may have upon the creation or undue increase .of vehicular traffic congestion on public streets, highways or sidewalks to assure the public safety. 10162 8-25-93 § 100-264 ZONING § 100-264 D. The availability of adequate and proper public or private water supply and facilities for the treatment, removal or discharge of sewage, refuse or other effluent (whether liquid, solid, gaseous or otherwise) that may be caused or created by or as a result of the use. E. Whether the use or the materials incidental thereto or produced thereby may give off obnoxious gases, odors, smoke or soot. F. Whether the use will cause disturbing emissions of electrical discharges, dust, light, vibration or noise. G. Whether the operation in pursuance of the use will cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, if existing or if proposed by the town or by other competent govern- mental agencies. H. The necessity for bituminous -surfaced space for purposes of off-street parking of vehicles incidental to the use and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be located. I. Whether a hazard to life, limb or property because of fire, flood, erosion or panic may be created by reason of or as a result of the use or by the structures to be used therefor or by the inaccessibility of the property or structures thereon.. for the convenient entry and operation of fire and- other emergency apparatus or by the undue concentration or assemblage of persons upon such plot. J. Whether the use or the structures to be used therefor will cause an overcrowding . of land or undue concentration of population. K. Whether the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof. 10163 8-25-93 § 100-264 SOUTHOLD CODE § 100-270 L. Whether the use to be operated is unreasonably near, to a church, school, theater, recreational area or other place of public assembly. M. Whether the site of the proposed use ' is particularly suitable for such use. N. Whether adequate buffer yards and screening can and will be provided to protect adjacent properties and land uses from possible detrimental impacts of the proposed use. O. Whether adequate provision can and will be made for the collection and disposal of stormwater runoff, sewage, refuse and other liquid, solid or gaseous waste which the proposed use will generate. P. Whether the natural characteristics of the site are such that the proposed use may be introduced .there without undue disturbance or disruption of important natural features, systems or processes and without risk of pollution to groundwater and surface waters on and off the site. § 100-265. Additional conditions- and safeguards. [Amended 6-15-1993 by L.L. No. 10-19931 In deciding on any application for a special exception use, the Zoning Board of Appeals may impose such.;.conditions and safeguards as it deems necessary or appropriate.to preserve and protect the spirit and the objectives of this chapter. ARTICLE XXVII Board of Appeals [Last amended 1-10-1989 by L.L. No. 1-19891 § 100-270. Appointment; membership. The Town Board shall appoint a Board of Appeals consisting of five (5) members, as provided by the Town Law. 10164 8-25-93 § 100-271 ZONING § 100-272 § 100-271. Powers and duties. In addition to such powers as may be conferred upon it by law, the Board of Appeals shall have the following powers: A. Appeals: to hear and decide appeals from and review any order, requirement, decision or determination made by the Building Inspector. B. Variances: Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these regulations, the Board of Appeals shall have the power to vary or modify the application of such regulations so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. C. Special exceptions, special permits and other approvals: Whenever a use or the location thereof is permitted only if the Board of Appeals shall approve thereof, the Board of Appeals may, in a specific case and after notice and public hearing, authorize such permitted use and its location within the district in which this chapter specifies the permitted use may be located. D. Interpretations: on appeal from an order, decision or determination of an administrative officer or on request of any town officer, board or agency, to decide any of the following: (1) Determine the meaning of any provision in this chapter or of any condition or requirement specified or made under the provisions of this chapter. (2) Determine the exact location of any district boundary shown on the Zoning Map. § 100-272. Additional conditions and safeguards. In deciding any matter before it, the Board of Appeals may impose such conditions and safeguards as it deems necessary or 10164.1 3-25-95 § 100-272 SOUTHOLD CODE § 100-274 appropriate to preserve and protect the spirit and the objectives of this chapter. § 100-273. Rules of conduct and procedure. The Board of Appeals shall, consistent with the law, determine its own rules of conduct and procedure. § 100-274. Fees. [Amended 2-11-1990 by L.L. No. 29-1990; 11-24-1992 by L.L. No. 30-19921 - Applications to the Board of Appeals for any relief herein shall be accompanied by a fee as hereinafter provided: A. For applications involving fences, accessory structures or accessory buildings, alterations or additions containing less than two hundred (200) square feet in floor area, the fee shall be one hundred fifty dollars ($150.). B. For all other applications, including those involving commercial property, containing a single request [for example, an application requesting one (1) variance or an application requesting a special exception], the fee shall be four hundred dollars ($400.), except that the fee for a special exception for a bed -and -breakfast shall be two hundred fifty dollars ($250.). [Amended 2-7-1995 by L.L. No. 3-19951 C. For applications containing more .than one (1) request, such as an application requesting an area variance and a width variance, the fee shall be six hundred dollars ($600.). D. For applications for interpretations on appeal from an order, decision or determination of an administrative officer, the fee shall be two hundred dollars ($200.) for each section of the Town Code for which an interpretation is requested. 10164.2 3-25-95 § 100-274 ZONING § 100-280 E. For applications for variances from Town Law § 280-a (rights-of-way), the fee shall be two hundred fifty dollars ($250.). F. For applications for rehearings, the fee shall be the same as the fee charged for the original application. G. For applications for public entertainment and special events permits, the fee shall be fifty dollars ($50.). [Added 11-29-1994 by L.L. No. 26-19941 § 100-275. Notice of hearing. [Amended 12-27-1995 by L.L. No. 25-1995] A. In all cases where the Board of Appeals is required to hold a public hearing, notice shall be provided pursuant { to Chapter 58. B. In lieu of complying with the provisions of ,this section, written- - verified waivers ,of notice executed by the persons entitled to receive such notice may be filed with j the Town Clerk at the time of filing the petition. C. Failure to comply with the provisions of this section shall not affect the validity of any action taken by the Board of I Appeals. ARTICLE XXVIII Administration and Enforcement [Last amended 1-104989 by L.L. No. 1-19891 § 100-280. Administrative and enforcing officer. A. It shall be the duty. of the Building Inspector and such deputies and assistants as may be appointed by the Town Board to administer and enforce the provisions of this chapter and of all rules, conditions and requirements adopted or specified pursuant thereto. B. The Building Inspector and/or his Assistant and Deputy Building Inspectors shall have such right to enter and 10165 1-25-96 § 100-280 SOUTHOLD CODE § 100-280 inspect buildings, structures or premises and to perform other acts necessary for the enforcement of this chapter as is conferred upon them by law. He, shall maintain files of all applications for building permits and plans submitted therewith and for certificates of occupancy and records of all building permits and 'certificates of occupancy issued by him, which files and records shall be open to public inspection and to perform such other acts necessary for the enforcement of this chapter as is conferred upon them by law. C. Said Building Inspector shall keep a record of every identifiable complaint of a violation of any of the provisions of this chapter and of the action taken on each such complaint, which records shall be public records. He shall report to the Town Board, at intervals of not greater than three (3) months, summarizing for the period since his previous report all building permits and certificates of occupancy issued by him and all complaints of violations and the action taken by him thereon. D. The Building Inspector shall make the necessary inspections for the purpose of ascertaining whether or not existing conditions comply with the provisions of this chapter. E. At the request of the Town Board, the Building Inspector shall inspect any premises for the purpose of ascertaining whether or not existing conditions comply with the provisions of this chapter and report, in writing, to said Board the results of his findings. 10166 1-25-96 4k § 100-280 ZONING § 100-281 F. At the request of the Planning Board, the Building Inspector shall review site plan applications for compliance with this chapter and requirements established in the presubmission conference.' § 100-281. (Reserved)2 (Cont'd on page 10171) ' Editor's Note: Former Subsection G, which provided for the Building Inspector to issue a certificate of determination upon review for compliance, which subsection was added 5-20-1993 by L.I.. No. 5-1993 and immediately followed this subsection, was repealed 7-11.1995 by L.L. No. 16-1995. 2 Editor's Note: Former § 100-281, Building permits, as amended, was repealed 5-30-1995 by L.L. No. 11-1995. See now § 45-8. 10167 7-25-95 § 100-282 ZONING § 100-284 § 100-282. Revocation of permit. The Building Inspector may revoke a building permit theretofore issued and approved in the following instances: A. Where he finds that there has been any false statement or misrepresentation as to a material fact in the application, plan or specifications on which the building permit was based. B. Where he finds that the building permit was issued_ in error and should not have been issued in accordance with the applicable law. C. Where he finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans or specifications. D. Where the person to whom a building permit has been issued fails or refuses to comply with a stop order issued by the Building Inspector. § 100-283. Stop orders. Whenever, the Building Inspector has reasonable grounds to believe that work on any building or structure is being prosecuted in violation of the provisions of the applicable law, ordinances or regulations or not in conformity with the provisions of an application, plans or specifications on the basis of which a building permit was issued or in an unsafe and dangerous manner, he shall notify the owner of the property or the owner's agent or the person performing the work to suspend all building activities until the stop order has,been rescinded. Such order and notice shall be in writing and shall state the conditions under which the work may be resumed and may be served upon a person to whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the building under construction and4ending a copy of the same by certified mail. § 100-284. Certificates of occupancy. A. A certificate of occupancy shall be applied for from the Building Inspector and it shall be unlawful to do any of the following until a certificate of occupancy is issued therefor: 10171 6-1-90 § 100-284 SOUTHOLD CODE § 100-284 (1) Occupancy and use of a building erected, reconstructed, restored, structurally altered or moved or any change in use of an existing building. (2) Occupancy, use or any change in the use of any land. (3) Any change in use of a nonconforming use. B. No certificate of occupancy shall be issued for the use of a building or lands requiring a special exception approval or special permit or for any land use requiring a site plan approval by the Planning Board unless and until such special exception or special permit approval or site plan approval has been duly granted. Every certificate of occupancy for which a special exception, special permit or site plan approval has been granted or in connection with which a variance has been granted by the Board of Appeals shall contain a detailed statement of any condition to which the same is subject. .C. Application for a certificate of occupancy on a form furnished by the Building Inspector for a new building or for an existing building which has been altered shall be made after the erection of such building or part -thereof has been completed in conformity with the provisions of this chapter and, in the case of a new building, shall be accompanied by an accurate plot plan or, if not. available, by a survey prepared by a licensed land surveyor or engineer, showing the location of the building as built. Such certificate shall be issued within ten (10) days after receipt of the property completed application, provided that the application states that all requirements of all other applicable codes or ordinances in effect are complied with. D.1 Every application for a certificate of occupancy or a temporary certificate of occupancy shall be accompanied by the fee hereinafter specified. Copies of such certificate will be issued upon the payment of the fee hereinafter specified. Editoes Note: Former Subsection D. concerning the issuance of a certificate of occupancy for the use of vacant land was repealed 4-10-1990 by LL No. 6-19911. This local law also provided for the redesignation of former, Subsections E, F. G and H as Subsections D, E, F and G, respectively. Former Subsection I was also relettered as Subsection H at this time. 10172 6-1-90 § 100-284 ZONING § 100-284 E. A certificate of occupancy shall be deemed to authorize and is required for both initial occupancy and use of the building or land to which it applies. F. Upon written request and upon payment of the fee hereinafter specified, the Building Inspector. shall, after inspection, issue a certificate of occupancy for any building or use therefor or of land existing at the time of the adoption of this chapter, or any amendments thereto, certifying such use and whether or not the same and the building conform to the provisions of this chapter. G. A record of all certificates of occupancy shall be kept in the office of the Building Inspector, and copies shall be furnished on request to any agency of the town or to any persons having an interest in the building or land affected. H. Certificate of occupancy fees. [Amended 3-14-1989 by L.L. No. 3-1989; 9-26-1989 by L.L. No. 20-19891 (1) The following fees shall be paid upon the filing of an application with the Building Inspector for a certificate of occupancy, which fee shall be paid into the general fund if the application is approved or returned to the applicant if the application is denied: (a) - Business buildings- and/or business uses and additions' 'and alterations thereto: fifty dollars ($50.). (b) New dwellings and additions and alterations thereto: twenty-five dollars ($25.). (c) Accessory buildings and ' additions and alterations thereto: twenty-five dollars ($25.). (d) Preexisting dwellings: one hundred dollars ($100.). 10173 1-25-94 § 100-284 SOUTHOLD CODE § 100-285 (e) (Reserved)2 M Updated certificates of occupancy..:by. reason of additions or alterations: fifty dollars ($50.). (g) Copies of certificates of occupancy: twenty dollars ($20.). [Amended 12-21-1983 by L.L. No. 26-1993] (h) (Reserved)3 (2) Notwithstanding the foregoing, no fee shall be required or paid by taxing entities or districts, including but not limited to fire districts, school districts, park districts and the like. § 100-285. Penalties for offenses. For each offense against any of the provisions, of this chapter or any regulations made pursuant thereto or for failure to comply with a written notice or order of any Building Inspector within _the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who 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 any Building Inspector shall, upon a first conviction thereof, be guilty of a violation, punishable by a fine of not exceeding five hundred dollars ($500.) or by imprisonment for a period not to exceed fifteen (15) days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within eighteen (18) months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding one thousand five hundred dollars ($1,500.) or by imprisonment for a period not to exceed fifteen (15) days, or by both such fine and imprisonment. 2 Editor's Note: Former Subsection H(1)(e), regarding vacant land, was repealed 5.8.1990 by LL No. 10-1990. 3 Editor's Note: Former Subsection H(1)(h), regarding certificates of occupancy issued more than five (5) years ago, was repealed 12.21.1993 by I.S.. No. 26-1993. 10174 1-25-94 § 100-286 ZONING § 100-286 § 100-286. 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 local 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. (Cont'd on page 10175) 10174.1 1-25-94 § 100-290 ZONING § 100-292 ARTICLE XXIX Amendments [Amended 5-30-75 by L.L. No. 3-1975; 11-15-83 by L.L. No. 13-1983; 1-8-85 by L.L. No. 1-1985; 1-10-89 by U. No. 1-1989] ' § 100-290. 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 Board to prepare an official report defining the conditions described in a petition and to determine the area so affected, with its recommendations. § 100-291. Fees. [Amended 11-13-1990 by L.L. No. 26-1990] Every petition for a change or amendment -to this chapter or the Zoning Map shall be filed with the Town Clerk and shall be accompanied by a fee of one thousand dollars ($1,000.). The fee for a petition for a change of zone to the Affordable Housing District is set forth in § 100-55B(5xg). § 100-292. Notice of proposed change of zone classification. A. In the case of a petition requesting a change in zoning district classification, in addition to the notice required by law, a written notice containing the following information shall be sent by the petitioner. or his agent, by either certified or registered mail, 'to every owner of property immediately 10175 12-25-90 § 100-292 SOUTHOLD CODE § 100-292 adjacent thereto. In the event that any petitioner owns or has any interest in any property immediately adjacent to the property proposed to be changed in zoning district classifica- tion, then writtennotice shall also be given to the owners of the property adjacent to such other property of the petitioner. For the purpose of this section, the words "owner" or "property owner" mean the owner as shown on the current Southold Town assessment roll. The notice required by this section shall be mailed by the petitioner, or his agent, within five (5) days preceding the filing of the petition in the Town Clerk's office. Proof of mailing of such .notice in the form of a sworn statement shall be filed with the Town Clerk at the time of filing the petition. Such notice shall contain the following information: (1) A statement that the petitioner proposes to file a petition with the Southold Town Clerk requesting a change of zone classification. (2) A description of the property which is the subject of such petition. (3) The present zone district classification of the property and the proposed zone district classification. (4) A statement that within five (5) days the petition requesting such change in zone district classification will be filed in the Southold Town Clerk's office, Main Road, Southold, New York, and may then be examined during regular office hours. (5) A statement that a public hearing with respect to such petition must be held by the Southold Town Board before such change of zone can become effective; that the person to whom the notice is addressed, or his representative, has the right to appear and be heard at such hearing and that a notice of such hearing will be published in the official town newspaper not less than ten (10) days prior to such public hearing. 10176 12-25-90 § 100-292 ZONING § 100-300 B. In lieu of complying with the provisions of this section, written verified waivers of notice executed by the persons entitled to receive such notice may be filed with the Town Clerk at the time of filing the petition. C. Failure to comply with the provisions of this section shall not affect the validity of any action with respect to such petition. D. In addition to the above notice requirement, prior to holding a public hearing on the rezoning, notice shall be provided pursuant to Chapter 58. [Added 12-27-1995 by L.L. No. 25-19951 ARTICLE XXX Severability [Added 1-10-1989 by L.L No. 1-19891 § 100-300. Severability. Should any section or provision of this chapter be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. 10177 1-26-96 Town of Southold Density and Minimum Lot Size Schedule for Residential Districts' [Added 1-10-89 by LL No. 1-19891 R-40 R-80 R-120 R-200 R-400 HD A -C Residential Residential Residential Residential Residential Hamlet RR RO Agricultural- Low -Density Low -Density Low -Density Low -Density Low -Density Density Resort Residential Districts Conservation (One -Acre) (Two -Acre) (Three -Acre) (Five -Acre) (Ten -Acre) Residential Residential Office MINIMUM LOT SIZE (square feet): 1 -family detached dwelling Residential unit without utilities 80,000 40,000 80,000, 120,000 200,000 400,000 20,000 (vii) 20.000 (vii) 40,000 Residential unit with community water NA NA NA NA NA NA 20,000 (vii) 20,000 (vii) NA Residential unit with community water NA NA NA NA NA NA 10.000 (xi) 12,000 (xi) ' NA and sewer 2 -family detached dwelling 2 -family dwelling without utilities 160,000 (xii) 80,000 (iii) 160,000 (xii) 240,000 (v) 400,000 (vi) 800,000 (vi) 40.000 (ii) 40,000 (ii) 50,000 (iii) 2 -family dwelling with community water NA NA NA NA NA NA 40,000 (ii) 40.000 (ii) NA 2 -family dwelling with community water NA NA NA NA NA NA 20,000 (vii) 20.000 (vii) NA and sewer Multiple dwelling unit or townhouse° Multiple dwelling or townhouse without NA NA NA NA NA NA 20.000 NA3 NA utilities Multiple dwelling or townhouse with NA NA NA NA NA NA 20,000 NAI NA community water Multiple dwelling or townhouse with NA NA NA NA NA NA 10.000 NA3 NA community water and sewer Motel, hotel or conference center guest unity Guest unit without utilities NA NA NA NA NA NA NA 6,000 NA Guest unit with community water NA NA NA NA NA NA NA 6,000 NA Guest unit with community water and NA NA NA NA NA NA NA 4,000 NA sewer Nonresidential use -(as permitted) Use with or without utilities 80,000 40,000 80,000 120,000 200,000 400,000 NA 40,000 40,000 KEY: NA = Not applicable. NOTES: Roman numerals refer to applicable column in the Residential Bulk Schedule. Where no Roman numeral is indicated, refer to the district column in the Residential Bulk Schedule. 2 For multiple dwelling, hotel, motel and/or conference uses (where permitted), this table refers to minimum lot area per unit. Refer to the Residential Bulk Schedule for total lot size, yard and setback dimensions for the applicable district, unless more -restrictive requirements are indicated in the text of the chapter. J (Amended 8-1-89 by LL No. 14-1989] 10-25-89 Town of Southold Density and Minimum Lot Size Schedule for Nonresidential Districts' [Added 1-10-89 by L.L. No. 1-1989] LIO LB HB B Light Industrial LI Limited Hamlet General M -I M -II Park/Planned Light Business Business Business Marine I Marine lI Office Park Industrial District MINIMUM LOT SIZE (square feet): Rusintws. office, industrial or other nonresidential use WON) 10,000 30,000 40.000 80.1100 120,000 40.000 Use with or without utilities I -family detached dwelling; Rewidential unit without utilities 80,000 (iii) 20,000 (vii) NA 40.000 40,000 (vii) NA NA Ricidential unit with community water NA NA 20,000 (vii) 10,000 (xi) NA NA 20.000 10.000 20,000 (vii) 10.000 (xi) NA NA NA NA Residential unit with community water and sewer 2 -family detached dwelling 'l -family dwelling without utilities 160,0W 40,000 (ii) NA NA NA NA NA (xii) 'L -family dwelling with community water NA 40,000 (ii) NA NA NA NA NA NA NA NA NA 'l -family dwelling with community water and sewer NA 20,W0 (vii) NA Multiple dwelling unit or townhouses Multiple dwelling or townhouse without utilities NA 20,000 NA NA NA NA NA Multiple dwelling or townhouse with community water NA 20,000 NA NA NA NA NA NA NA NA NA Multiple dwelling or townhouse with community water and sewer NA 10,000 NA Motel, hotel or conference center guest unit' NA 6,000 6,000 NA 6.000 6.000 6,000 (west unit without utilities Guest unit with community water NA 6,000 6,000 NA 6.000 6.000 6,000 Guest unit with community water and sewer NA 4.000 4,000 NA 4.0001 6,000 4.000 KKY: NA = Not applicable. NOTES: Roman numerals refer to the applicable column in the Residential Bulk Schedule. s For multiple dwelling, hotel. motel and/or conference uses (where permitted), this table refers to minimum lot size per unit. Refer to the Residential Bulk Schedule for total lot size, yard and setback dimensions for the applicable district, unless more -restrictive requirements are indicated in the text of the chapter. .1 [Atm-nded 8-1-89 by I -L. No. 14-19891 9-25-91 Column No. Town of Southold Bulk Schedule for Residential Districts [Added 1-10-89 by LL No. 1-1989] ii iii iv v A vii ix x A Residential Unit Where Community Water and Sewer xii 2 -Family Detached Dwellings in R-80 District A -C R-40 R-80 R-120 R-200 R-400 HD RR RO Available District Minimum Requirements for 1 -family detached dwellings' Lot site (square feet) 80,000 40,000 80,000 120,000 200,000 400,000 20,000 20,000 40,000 10,000 160,000 Lot width (feet) 175 150 175 200 270 270 75 75 150 60 270 Lot depth (feet) 250 175 250 300 400 400 120 120 175 80 400 Front yard (feet) 60 50 60 60 60 60 35 35 50 30 60 Side yard (feet) 20 15 20 30 30 30 15 15 15 15 30 Both side yards (feet) 45 35 45 60 60 60 30 30 35 30 60 Rear yard (feet) 75 50 75 85 100 100 35 35 50 30 85 Livable floor area (square feet per dwelling 850 850 850 850 850 850 8502 8503 850 850 850 unit) Maximum permitted dimensions: Lot coverage (percent) 20 20 20 10 5 5 25 25 20 25 10 Building height (feet) 35 35 35 35 35 35 35 35 35 35 35 Number of stories 2y 2!4 2% 2% 2% 2% 2;, 2;2 2% 2% 2y2 NOTES: See text of chapter and Density and Minimum Lot Size Schedules for applicable districts. 2 Except one -bedroom or studio in multiple dwelling may have six hundred (600) square feet. Minimum floor area may be reduced up to two hundred (200) for moderate- and/or lower-cost dwellings. Except one -bedroom or studio in multiple dwelling may have six hundred (600) square feet. 2.25-89 District Minimum requirements for business, office, industrial or other nonresidential user Lot size (square feet) Lot width (feet) Lot depth (feet) Front yard (feet) Side yard (feet) Both side yards (feet) Rear yard (feet) Landscape area (percent) Maximum permitted dimensions Lot coverage (percent) Building height (feet) Number of stories Town of Southold Bulk Schedule for Business, Office and Industrial Districts 20,000 [Added 1-10-1989 by L.L. No. 1-1989; amended 8-22-1995 by L.L. No. 18-19951 40,000 LIO LB HB B Light Industrial Limited Hamlet General M -I M -II Park/Planned Business Business Business Marine I Marine II Office Park LI Light Industrial 80,000 20,000 30,000 40,000 80,000 120,000 40,000 175 60 150 150 150 200 100 250 100 150 150 150 300 150 variable 15 variable 35 35 variable variable 20 10 25 20 25 30 20 45 25 50 45 50 60 40 75 25 35 25 25 75 70 35 25 35 25 20 35 25 20 40 30 30 30 20 30 35 35 35 35 35 35 35 2% 2 2 2 2 2 2 NOTES: 1 For minimum requirements for residential uses, refer first to Density and Minimum Lot Site Schedule for Nonresidential Districts and then to appropriate indicated column in the Bulk Schedule for Residential Districts. In the Marine I and Marine 11 Districts, only land above mean high water shall qualify for area calculations. Refer to appropriate zone ordinance. 10-10-95 ZONING Town of Southold Bulk Schedule AA [Added 11-28-1995 by L.L. No. 23-1995] Date of Lot Creation Lot Size Width Depth Prior to April 9, 1957 Any Any Any Between April 9, 1957, and 20,000 100 150 December 1, 1971 Between December 2, 1971, 40,000 135 175 and June 30, 1983 12-25-95