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HomeMy WebLinkAboutZ-38367 S FFpt Town of Southold 7/5/2016 .cry 53095 Main Rd Southold,New York 11971 o qa.„.., PRE EXISTING CERTIFICATE OF OCCUPANCY No: 38367 Date: 6/27/2016 THIS CERTIFIES that the structure(s)located at: 1220 Youngs Ave, Southold SCTM#: 473889 Sec/Block/Lot: 60.-2-8 Subdivision: Filed Map No. Lot No. conforms substantially to the requirements for a built prior to APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z- 38367 dated 6/27/2016 was issued and conforms to all the requriements of the applicable provisions of the law. The occupancy for which this certificate is issued is: wood frame one family dwelling with side concrete patio, small accessory storage building and small accessory barn.* Note:BP 40669, "as blt"alteration from one family to two family COZ-38366 The certificate is issued to Gabriel, George Gabriel, Ors (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED *PLEASE SEE ATTACHED INSPECTION REPORT. t ` Au ed Signa e BUILDING DEPARTMENT TOWN OF SOUTHOLD HOUSING CODE INSPECTION REPORT LOCATION: 1220 Youngs Ave, Southold SUFF.CO.TAX MAP NO.: 60.-2-8 SUBDIVISION: NAME OF OWNER(S): Gabriel,George OCCUPANCY: ADMITTED BY: SOURCE OF REQUEST: Gabriel,George DATE: 6/27/2016 DWELLING: #STORIES: 2 #EXITS: 3 FOUNDATION: Brick CELLAR: 1/4 CRAWL SPACE: 3/4 BATHROOM(S): 2 TOILET ROOM(S): UTILITY ROOM(S): PORCH TYPE: DECK TYPE: PATIO TYPE: Concrete BREEZEWAY: FIREPLACE: GARAGE: DOMESTIC HOTWATER: Yes TYPE HEATER: National Grid AIR CONDITIONING: TYPE HEAT: Nat'l Grid WARM AIR: HOT WATER: X #BEDROOMS: 4 #KITCHENS: 1 BASEMENT TYPE: Unfinished OTHER: ACCESSORY STRUCTURES: GARAGE,TYPE OF CONST: STORAGE,TYPE OF CONST: Small Stge Bldg SWIMMING POOL: GUEST,TYPE OF CONST: OTHER: Small Barn VIOLATIONS: REMARKS: INSPECTED BY: GARYF DATE OF INSPECTION: 12/28/2015 TIME START: END: Form No.6 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL 765-1802 APPLICATION FOR CERTIFICATE OF OCCUPANCY This application must be filled in by typewriter or ink and submitted to the Building Department with the following: A. For new building or new use: 1. Final survey of property with accurate location of all buildings,property lines, streets,and unusual natural or topographic features. 2. Final Approval from Health Dept. of water supply and sewerage-disposal (S-9 form). 3. Approval of electrical installation from Board of Fire Underwriters. 4. Sworn statement from plumber certifying that the solder used in system contains less than 2/10 of 1%lead. 5. Commercial building, industrial building, multiple residences and similar buildings and installations, a certificate of Code Compliance from architect or engineer responsible for the building. 6. Submit Planning Board Approval of completed site plan requirements. B. For existing buildings(prior to April 9, 1957) non-conforming uses,or buildings and "pre-existing" land uses: 1. Accurate survey of property showing all property lines,streets,building and unusual natural or topographic features. 2. A properly completed application and consent to inspect signed by the applicant.If a Certificate of Occupancy is denied,the Building Inspector shall state the reasons therefor in writing to the applicant. C. Fees 1. Certificate of Occupancy-New dwelling$50.00,Additions to dwelling$50.00,Alterations to dwelling$50.00, Swimming pool$50.00,Accessory building$50.00,Additions to accessory building$50.00,Businesses$50.00. 2. Certificate of Occupancy on Pre-existing Building- $100.00 3. Copy of Certificate of Occupancy-$.25 4. Updated Certificate of Occupancy- $50.00 5. Temporary Certificate of Occupancy-Residential$15.00, Commercial$15.00 Date. /2/7/ d ( S/ New Construction: Old or Pre-existing Building: (check one) Location of Property: Odd WV1 Ue • SeAeA House No. tree° Hamlet Owner or Owners of Property: .0 R /vc c_�e��`� -?.apt):r;cl (—Wit°tAQ'e- I C.)Suffolk County Tax Map No 1000, Section lBlock Lot C.� Subdivision Filed Map. Lot: Permit No. Date of Permit. Applicant: L c.e c,< / //,"� / Health Dept. Approval: Underwriters Approval: 11 Planning Board Approval: Request for: Temporary Certificate Final Certificate: (check one) Fee Submitted: $ /0 $iplic.{ ignature I -- CONSENT TO INSPECTION , the undersigned, do(es) hereby state: Owner(s)Name(s) - . That the undersigned(is) (are) the o i er(s) f the premises in the Town of Southold, located at / ci . 0m c— e t- d which is sho and designated o e Su 3►'e�County Tax Map as District 1000, Section. 60 , Block '� , Lot / - - - That the undersigned(has)(have) filed,or cause to be filed, an application in the - . Southold Town'Building • Inspecto s Office for:the following: • • ,c-e — Cep-( d •,'Q.2 CD c_c_ cc,� • That the undersigned do(es)es( ) hereb y give consent to the Building Inspectors of the . - •Town of Southold to enter-upon the above described property, including any and all - - .buildings located thereon,.to conduct such.inspections as they may deem necesazy-with _ ____ __ __ - ------,-- respect-to-the aforesaid application, including inspections to determine that said premises _ comply-with all of the laws,ordinances,rules and regulationsof the Town of Southold. The undersigned, in consenting to such inspections, do(es).so with the knowledge - and understanding that any information obtained in the conduct of such inspections-may be used in.subsequent prosecutions for violations of the laws, ordinances,rules"or . regulations of the Town of Southold:. • '� - i Dated: k ..° ��i; /' /0 0J , G, ito•- - )(74-0R-/E--L- . _ . . . . . . . . . - (Print Name) (Signature) (Print Name) THE STATE OF NEW YORK COUNTY OF SUFFOLK X In the Matter of the building permit application of George Gabriel AFFIDAVIT X . STATE OF NEW YORK) ) SS.: COUNTY OF SUFFOLK) Tom Grattan,residing at 2460 (a.k.a 2750) Youngs Avenue, Southold, State of New York duly sworn, deposes and says: 1. I am 72 years old and I have lived in Southold my entire life. 2. I have been asked if I can remember whether the house located at 1220 Young's Avenue (SCTM#1000-60-2-8) is a two family house and from what time periods can I remember the house as a two family home. 3. I grew up on Hummel Avenue, Southold and I remember Bertha Hallock who owned this house when I was a child. 4. I remember that my family and Bertha Hallock were one of three families on a telephone "party line" and my brothers and I , as kids, would eaves drop on Bertha's telephone conversations. 5. I remember Bertha Hallock living in a two family house. 6. I am told the Assessors records show that she sold the house in 1967. 7. I also remember Karl and Mary Eisemann, a German couple, who owned 1220 Youngs Avenue from 1968 till 1984. They ran a delicious and spotless deli on the west side of Youngs Avenue, directly across the street from their house, on the property which is now the town parking lot. 8. I remember that the house was a two family house. I specifically remember Mr. and Mrs. Eisemann lived on one floor and their daughter and her husband lived on the other floor. 9. I know that when the daughter and her husband moved out that the unit was rented to other families in the Town of Southold. 10. My cousin Kevin Grattan lived on one of the floors of the two family house when he was first married in the early 70's. 11. For as early as I can remember the house at 1220 Youngs Avenue was a two family house. 12. I am providing this affidavit with the understanding that it is being offered to the Southold Building Department as evidence that the house is a two family house . je Tom Grattan Sworn to before me thisgy,& Notary Public PATRICIA C.MOORE Notary Public,State of New York Suffolk County-No.486166 �, Comm6ssion Expires June 16, Y , THE STATE OF NEW YORK COUNTY OF SUFFOLK x AFFIDAVIT In the Matter of the building permit application of George Gabriel x . STATE OF NEW YORK) ) SS.: COUNTY OF SUFFOLK) James Rich,residing at 3415 Wells Avenue, Southold, State of New York duly sworn, deposes and says: 1. I am 88 years old and I moved to my home on Wells Avenue in 1954. 2. I have been asked if I can remember whether the house located at 1220 Young's Avenue (SCTM#1000-60-2-8) is a two family house and as far as I can remember the house has been a two family home. 3. My family and I have lived and owned businesses in Southold since the early 50's. 4. I am the former co-owner of Southold Lumber(which we purchased from Goldsmith& Tuthill Lumber) located on Youngs Avenue in Southold Town. 5. My family and I also owned an oil company in Southold located on Young's Avenue on land which is now occupied by Burt's Reliable. The businesses were across the street from 1220 Youngs Avenue, Southold so I passed this house daily. 6. Next door to this two family house was the I.M. Young business and before that business, VanDuzer Gas and a Hardware Store were located next door. For as long as I can remember 1220 Young's Avenue had two doors, and from my earliest memories I remember that the house was occupied by numerous families who lived either on the first floor or the second floor. 7. I am providing this affidavit with the understanding that it is being offered to the Southold Building Department as evidence that the house is a two family house . es Rich Sworn to before me this / day of M.4„va,.. i4 PATRICIA C. MOORE Notary Public Notary Public,State of Nie'//Fork Suffolk County-Ifo.486166:61� Commission Expires June 16,_J THE STATE OF NEW YORK COUNTY OF SUFFOLK x In the Matter of the building permit application of George Gabriel AFFIDAVIT x . STATE OF NEW YORK) ) SS.: COUNTY OF SUFFOLK) Raymond Terry, residing at 610 Jockey Creek Drive, Southold, State of New York duly sworn, deposes and says: • 1. I am 85 years old and I grew up in Southold. 2. As a child I lived on Jockey Creek, on my grandfather's and father's farm, and prior to the Jockey Creek subdivision, my home sits on an old cow pasture. 3. I began to work for Southold Savings Bank in 1953. 4. Southold Savings Bank was located on the corner of Main Road and Youngs Avenue, now Capital One and the Town Hall annex. 5. While working at Southold Savings Bank I would pass the two family house at 1220 Youngs Avenue every day. 6. I remember Southold Town hamlet very well. As a child, my family and I belonged to the Southold United Methodist Church on Main Street. The owner of the two family, Bertha Hallock and her husband were members of the church. • 7. I shopped at the Perterson&Vanduzer Hardware on Youngs Avenue which is north of 1220 Youngs Avenue. 8. For as long as I can remember, and most certainly as an adult, 1220 Youngs Avenue had two doors in the front, one living space upstairs and a separate living space down stairs. 9. I am providing this affidavit with the understanding that it is being offered to the Southold Building Department as evidence that the house is a two family house . 4, Raym•/d Terry Sworn to before me thislay of liruary 2016 BETSY A. PERKINS dit✓' I l Notary Public,State of New York ry Public No.01 PE6130636 Qualified in Suffolk Coun N6 Commission Expires July 18, 0 ll, PATRICIA C. MOORS JY'd-Attorney at Law u-} t, Op Y51020 Main Road1\1\ t/c Southold,New York 11971 1""1 Tel:(631)765-4330 Fax:(631)765-4643 February 3, 2016 Michael Verity _ Building Inspector Main Road, Southold, NY 11971 Re: 1000-60-2-8 Existing Two Family House Dear Mike: In accordance with our discussion. I have reviewed the zoning of the above parcel. The parcel is zoned B from 1957 through 1983 when the parcel was re-zoned to "HB"with the adoption of a new zoning ordinance. The existing house was constructed in the early 1900's and it was converted to a two-family, we believe as late as the 1960's. The first zoning ordinance adopted April 9, 1957 included 2-family as a permitted use which continued as a permitted use throughout adopted amendments. In 1965 through 1966 the B zone permitted "dwellings designed for and occupied by not more than four(4) families". Therefore, a two family dwelling continued to be a permitted use under the broader definition until November 1971. In November 1971 "A-Residential" required a Special Exception for"two family dwellings, conversion of existing dwellings and new construction, not to exceed one such dwelling on each lot". In B zoning any special exception permitted in A residential was incorporate by reference . Therefore, in November 1971 a special exception is required for a two-family use. There are no special exception or variances on this parcel. However, there is no doubt from physical inspection of the structure that the two family use was established before November 1971. In review of the condition of the property the house is physically split into two separate living spaces which from the appearance of the "newer" materials is from the late 1950's or the 1960's. The original 1900's bathroom and kitchen at the rear of the house were replaced with an early "1960's kitchen and bathroom" on each floor. The assessment card identifies a significant increased assessment by 3/29/71 and the dimensions of the structure on the card are correct. This re-assessment could be the affect of a reconstructed kitchen and bathroom done sometime before 1971. Michael Verity Building Inspector February 3, 2016 Page 2 From the assessor's property card, the assessments began in 1965. A transfer is noted in 1967 and 1968. The photograph of the house, which appears the same today, has separate entrance doors for a two family dwelling. The I. M. Young building next door appears in the photograph. The I. M. Young building was demolished in 1978. The assessors failed to assess the structure as a two family dwelling. Nevertheless, I spoke with Bob Scott and he advised me that, whether the house was a one family or two family, the assessment would have been the same. They do not generally identify on the property card a one family or two family since the assessment does not differ. Until November 1971 a two-family use was a permitted use in B zone. If we need a building permit and C.O. for the pre-1971 kitchen and bathroom that can be done. A pre-C.O. inspection for the original dwelling was completed by Gary Fish and it is my understanding that no safety issues were noted. If you wish to review the 1957, 1965, 1966 and 1971 zoning ordinances I can provide them to you. Ve . = _ :urs, t icia C. Moore PCM/bp ends. ~ jm F SOUTHOLD PROPERTY RECORD CARD z� `- TOWN O m yt o or) - 7 o r Z ` DIST. SUB. LOT ' Led OWNER STREET/ -2 �--VILLAGE_44647{:"ed 4.-- i G�s-3�rcx� _The. � � *� E ACR. t "' 1 � FORMER !W N ER -- _ Q �oG �� ' `�!°` ` W`' TYPE OF BUILDING 4°.:::2'r,'.5.f.04Z I' aY 'd:::ere ICJ , . M CAEL-4-eL- 1.4,...voy..4.42_gr'e..•• , 1 'Clk2 ° A4"1414‘.. t__ . _____ RES 0 SEAS. VL. FARM I COMM, CB. MISC. Mkt. Value w LAND IMP. TOTAL DATE REMARKS c� in 19 1 Cr:a-0 ')/.11)d -34—a-e' ji/ /7 /19 , /1-4-1,-,-4, .3-e.e.A- . 9/7/ 7 . . _ • —(74,44--L9G09 Imo'- .Ise.i scxvtu -i-o Odb�rte1 IC � •• . 0 - AGE. BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value • Acre _ Tillable 1 in . - LU u0 Tillable 2 co Tillable 3 ilimm..... t - Woodland c\, FRONTAGE ONWATERSwamp ndIIIIIM t /� FRONTAGE ON ROAD 6. Q A. ,C••' , � O 0o Brushland N DEPTH , 12 �,$ House Plot —--- N BULKHEAD • DOCK Total_ . m fr r EN '1•11111111=111111111111111111 Ell ______ r it ` V `�l ' r ,I ICOLOR -� --: -- l • ��� n11�11�w�■ •. ' ,-- , --- i B. 0 Lk v EMI 111111111111111311111111111111111 4 11 l tib 1 ���;S��1lt 1 t. - _-.,._,---:...,,,,-4....-_ ,:in: - TRIM ::: �`/ I�IliIl�__ i:.-., . . .,::- 1 •, if P-•,, .• , I xm x 7.A. .1-1,1!.t :1,F': =Aw7 l IINLMIIIN striossam mama . ,;: , 11111111111111111 11111M111•111111111 11111111111111 -1,,. _.,:.:-..„-: , -. ,, ...t, 1,.4. . - .,.. -- 1 CPI- _., rir ! 111c!!u 11 " NE _____i 11111111111111 1111111111111 � i 111111111M11111111101111111 111 ! MEM 1111111111111111 MI • II Foundation Bath J� Dinette M. Bldg. 3,( = , 1 -- K. Basement Floors ;�z , : Extension 4 = f, ij — ' Ed, Walls �' S interior Finish t E r LR. Extension is xa = 3f,a _ ' Iglin Fire Place i Heat ,;i ...4-J, DR. Extension AI i L{ .2, ?,,l__ r Y$ :�,�`o �"� f Type Roof 1 Rooms 1st Floor BR. co roRecreation Roo Rooms 2nd Floo FIN. B. is Porch 14 -?•�a r �, Dormer Porch Driveway I t Breezeway m N E . Garage m I l m Patio m 0. B. , Qf / 0 0 i - • L v S; . N Total ' M � ,yl�c,1 0 c ^ • U - gglItTR7-71.1ri-.1 ‘-:, ', '' .. . . t, TOWN OF SOUTHOLD PROPERTY RECORD CARD �� OWNER • STREET/ VILLAGE DIST. SUB. LOT FORMER OWNER - N , E _;-4:/,° • '�' ACR. f EI SLkrP ,-, - 5oi 4-cf 1 N4-tak, ' ' .�� Q:�•Fa0 1 f %G� S W . TYPE OF BUILDING '• ; � ' FYI c ,� _ _i ` 2 � ` _:_.........._.i______--- ESlf.O ! SEAS. VL. —` FARM COMM CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS q - • ` -f7 r'. .-----1-6 F a E' sr rYlttiv�r -7,A,/,,,-?_- T,...9609 i=1 I a9- E ise►i-1 hl-A • o C7ctan -'tom\ -/ +O042. AGE " BUILDING CONDITION • \IEW NORMAL BELOW ABOVE FARM s Acre Value Per Value , Acre • illable 1 . . illable 2 --. illable •3 ` . foodland r % wampliand FRONTAGE ON WATER rushland�- FRONTAGE ON ROAD z• (J /4 ," .:- rE a ouse Plot l DEPTH ,gl-8 N` BULKHEAD - _ f----•,e, )tal r DOCK a 1. J \�" ` `��\�•,' ,,.4 1 •+ . . i`A ),,,f> 7.---....., COLOR'�- \ ter i/ r-13 ,• • 111414i4.A'' •.; , ' . 6, 0 :.'k_:.2-..- . . ,'-',.'-..:40,r, -..-' -..!---)---f'--,,,:"S',Iiii5410/1 r . i q � cA �� i31r� 0-040k-(r TRIM S _ . 5`"om. t�$ .,, a�,....4%„,,,t_ V, } '� //,/� I r :. ��t�$¢tkii�If �? 11a�\f7 f 'z 1.inly`Vl\Y}�4�4otS� f i �? aiA —� Z ';hsk-7.E Y t 1� , 1 ` ! ilig , `A..� . rxmi '•i qr k I -'iia t, ,.tEll-1'-1.4 It' !� If' p .,^7N°3 taG"9," \ .(A £ Yl� L+ "ra iiil t f,.. rR( .f'{ , ,> Y, r..:� uttt �.� t t'74, x i 'ir'( 1`{ ttr_r F h 0440 q ,a'u :( laWi•��.... ,... . 0i,�' . j�a} }4' i •.v.ire A...�5 �t_\ kr- Mf t M(.+Y'`w+ t`'-- �' Ili As' - y`..iF..: - i1.111111.. ` 4 ''v. •dish z ,.-.. .o�r.� . !•4 ic'� . if t /" v Vt. Bldg. /3 s io ^ 7 s ' I Foundation s Y 1 t_ic) Bath )-- Dinette __ .xtension 1 0 X 1 = o I Basement f� � Floors f�a 1 K. Extension .Ext. Walls a S b• S-(� Interior Finish .5 Ae r. ,- 0c' LR. Extension aJ Y. 14: o,94-- I ,y 8 +.6"0 a Fire Place ).'\ o Heat4. DR. _ a c---- 16 I Type Roof Rooms 1st Floor BR. v Porch. crx _ /G 2,S a 21a Recreation Room Rooms 2nd Floor FIN. B. Porch - Dormer Breezeway Driveway Garage Patio ,4 0:;1 B. a ® L�d 0 0 . Total-- - .. - _ S'.;�zi y �.�.S.:�SY:._.A...v.�...'S•.'C_.S{5e a moi_ _ .- - .-..._, 'S;.._..,.,_ I-_.,.... o n. . .- _ ,l'4..'N,.'r. 1.-t. ...r'.iv^].f`'. ..-- _ __\.. . iei - J .i • j . dt1 t' i Ur U. 67° t3' I0" G. — Z6$. Zt _ - • ___ .. Tg �-- ' � FELica AT L11.1£ z I. o lb ' W F2. uov46 -!r IQ _ n _"`) ►r 0 L .i: 4)' 4> . 0 N ‘ -i til rc2... 1 RAM.' ' . a „dig,-0-: ' +Q3 .� a _ --5. 67' 115' oo" 1V. — • Zg7. 65 4. W. \\I Z.+..-`, G i)T. f C MApOgL . D . . .. . . . . . . . . Suaysy.tp _ Foe . •• :,. CA 2L & MA, 21 -E ZISEMALI• Li. ,_ :. 7 . • . ..... . _ . AT . . .. . . -. 6OUTWOLD : . ..... . . . -. . - . drily yaz v. - - c�uAT2AuT 'Q TOTS--16tGUAQAU T 1 E) . 4,ME¢1C.att TIT'ue IJ4UQ6IJ(.* comp � 4t = 9t �u�. EY cs: JULY 6;1966 • • . i • VAki. Tuyt..; & SOL LA., " L6cE��EC? LA. Jr)• 5U yOP� - G2E,EL porzT , =..m\\/ y'o244. LOCATION: /.2--2-1C:7G - e• . . (number & st et) (municipality) SUBDIVISION: MAP NO.: LOT(S): NAME OF OWNER(S): OCCUPANCY: �, type) (owner-tenant) ADMITTED BY: ACCOMPANIED BY: KEY AVAILABLE: S FF. CO. TAX MAP NO. 1000- 670—Z SOURCE OF REQUEST: r./ DATE: /'�14,:® A, DWELLING P TYPE OF CONSTRUCTION: T) # STORIES: # EXITS: FOUNDATION: BASEMEN CRAWL SPACE: A,/ # OF BEDROO S: 1ST FLR: 2ND FLR: 3RD FLR: BATHROOM(S): v TOILET ROOM(S): UTILITY ROOM: . PORCHJTYPE: DECK, TYPE: PATIO, TYPE: C 'Sk BREEZEWAY: � FIREPLACE:u, r GARAGE: � � DOMESTIC HOTWATER: l4eTYPE HEATER: rJ AIRCONDITI NING: TYPE HEAT: At/ ____ ARM AIR: HOTWATER: a # OF KITCHENS: .04.4-14-r � ��►� /�'�-~ FINISHED BASEMENT: YES NO OTHER: ACCESSORY STRUCTURES 1:10-ps-ert_ GARAGE, TYPE OF CONST.: STORAGE, TYPE CONST.: SWIMMING POOL: GUEST, TYPE CONST: OTHER: VIOLATIONS: CHAPTER 144 &N.Y. STATE UNIFORM FIRE PREVENTION & BUILDING CODE LOCATION DESCRIPTION ART. SEC. REMARKS: INSPECTED BY: DATE OF INSPECTION: i)- a* /' TIME START: END: ECEDYE PATRICIA C. MOORE D Attorney at Law 51020 Main Road MAR 2 9 2016 Southold,New York 11971 - ' Tel: (631)765-4330 BUILDING DEPT. Fax: (631)765-4643 TOWN OF SOUTHOLD March 29, 2016 Michael Verity, Chief Building Inspector Town of Southold Building Department Main Road Southold, NY 11971 Re: 1000-60-2-8 (Gabriel) Existing Two Family House Dear Mike: In accordance with our discussion on this date, a two family dwelling continued to be a permitted use until November 1971. We would request a pre-co for the dwelling and certificate of occupancy for the "as built" two family dwelling. • The parcel is zoned B from 1957 through 1983 when the parcel was re-zoned to "HB". The existing house was constructed in the early 1900's and it was observed by Tom Grattan, James Rich and Raymond Terry, as provided in their affidavits submitted on February 24th, to be a two family. • The two family use was a permitted use after 1957, and continued to be a permitted use till late 1971, we are prepared to apply for an "as built" permit for the conversion of the pre-existing dwelling to a two family prior to November 1971. • I have attached the applicable portion of the zoning ordinances which shows that a two family dwelling was a permitted use until November 1971. The first zoning ordinance adopted April 9, 1957 included 2-family as a permitted use which continued as a permitted use throughout adopted amendments. In 1965 through 1966 the B zone permitted "dwellings designed for and occupied by not more than four(4) families". In November 1971 "A-Residential" required a Special Exception for"two family dwellings, conversion of existing dwellings and new construction, not to exceed one such dwelling on each lot". In B zoning any special exception permitted in A residential was incorporate by reference . There are no special exception or variances on this parcel. Z Michael Verity, Town of Southold Chief Building Inspector March 29, 2016 Page 2 The existing condition of the house is physically split into two separate living spaces which from the appearance of the "newer" materials is from the late 1950's or the 1960's. The original 1900's bathroom and kitchen at the rear of the house were replaced with an early "1960's kitchen and bathroom" on each floor. The assessment card identifies a significant increased assessment by 3/29/71 and the dimensions of the structure on the card are correct. This re-assessment could be the result of a reconstructed kitchen and bathroom completed sometime before 1971. Please review this with Mr. Fish and please advise as soon as possible. Very t ours, atricia C. Moore PCM/bp encls. . I. • • •3 )f:DING ZONE ORDINANCE the word "structure", the word "lot" with or without meals and in which TOWN OF SOUTHOLD Includes the word "plot" and the word there are more than ten (10) rooms SUFFOLK COUNTY, NEW YORK "Shall" is mandatory and not directory. usually occupied singly and no pro- 1—ACCESSORY BUILDING — A vision made for cooking in any In- An ordinance classifying, regulating building,subordinate to the main build- dividual apartment. and restricting the height, number of lag on a lot and used for purposes 12A—AUTOMOBILE WRECIl NG stories, size of buildings and other customarily incidental to those of the AND ALL OTHER JUNK YARDS— structures, the percentage of lot that main building. Land occupied or to be occupied for may be occupied, the size of yards and 2—AN ACRE — An acre as applic- the storage of old wood, paper, cloth other open spaces, the density of popu- able to this Ordinance shall refer to or metal, including old automobiles. lotion, the location and .tse of build- the land exclusive of street areas. trucks, equipment, machinery, fixtures Ings, structures and land for trade, in- 3—BOARDING AND TOURIST and appliances not usable as orginally dustry, residence and other purposes, HOUSES.A building other than a hotel designed; and also including any per- (provided that such regulations shall where lodging, with or without melba tions of such old automobiles trucks, apply to and affect only such part of for six or more persons Ls furnished equipment or machinery as are or may the town outside the limits of any in- for compensation. be sold as and for junk or salvage. y corporated village), establishing the 4_BUILDING — A structure having 13—LOT—Land occupied or to be oc- t� boundaries of districts for said pure a roof supported by waits and when cupied by a building and its accessory o poses so,as to promote the health,safe- separated by a party wall without buildings together with such open 1-3 `L1 ty, morals and general welfare of the openings,It shall be deemed a separate spaces as are required under this Or- ttzi Town of Southold with reasonable con- building. - dinance and having Its principal front- b sideration, among other things to the 5—BUILDING AREA — The aggro- age upon a pubic street or officially most desirable use for which the land of each district may be adapted, the ha gate of the maximum horizontal cross approved place. C peculiar suitability for particular use section area of the buildings on a. lot, 14—LOT-CORNEA lot situated at y of a district, the conservation of prop-e excluding cornices, eaves, gutters or the junction of two (2) or more streets. x erty values and the direction of build- tzi chimneys projecting not more than 15—LOT-INTERIOR—A lot other eighteen (18) inches, steps, one (1) than a corner,loL :R ing development in accordance with a well considered plan and use to estab- t 16—LOT-Lar —An interior lot story open porches, bay windows, no0 extending through more than one (I) Having frontage on two (2) streets. regulations as prescribed by the hese story and not projecting more than 17—LOT LINES--The lines bounding O lish penalties for violation of these totes five (5) feet, balconies and terraces. a lot as defined herein. 6---BUILDING HEIGHT— The ver- 18—NOIN - CONFORMING USE—A r TABLE OF CONTENTS tide distance measured from the curb building or premises occupied by a use li Short Title Section level to the highest point of the roof that does not conform with the regu- H Article 1 Definitions I00 surface, if a flat roof, to the deck line lations of the use district in which it 0 Article 11 Districts 200 of a mansard roof, and to the mean Is situated. • Article III "A" Residential and height level between eaves and ridges 19—SETBACK—The minimum hurl- Z Agricultural District 300 for a gable, hip or gambrel roof PRO- zontal distance between the street or Q Article IV "B" Business District 400 VIDED that chimneys, spires, towers, lot line (front, side, or rear, as the Article V "C" Industrial District 500 elevator penthouses, tanks and simular case may be) of the building or any ne Article VI Tourist Camps, Camp projections shall not be included in projection, thereof, excluding steps, b Cottages and Trailers 600 the height. For building set back from open terraces, and bay windows not Article VII Applications and Per- the street line and where no curb ex- projecting more than five (5) feet_ 0 Z mits 700 tats, the height may be measured from 20—STORY—That portion of a build- Article VIII Board of Appeals 800 the average elevation of the ground ing included between the surface of Article IX Amendments 900 surrounding the building. any floor and the surface of the floor Article X General Provisions 1000 7—DWELLING—ONE FAMILY—A next above it or if there be no floor WHEREAS, all the matters and detached building designed for or oe- above it, then the space between it and t-, things required to be done by the Town cupied exclusively by one (1) family. the ceiling next above it. Law of the State of New York hi order 13--DWELLING—TWO FAMILY — A 21—STORY-HALF—A story under a that the Town Board of the To'wn of detached or semi-detached bn(leitng gable, hip or gambrel roof, the wall 1 Southold, Suffolk County,State of New designed for or occupied exclusively by plates of which, on at least two (2) i-i York, may avail itself of the two (2) families. opposite exterior walls, are not more N powers conferred by said law have been duly 9—DWELLING—MULTIPLE — A than two (2) feet above the finished -1 complied with_ building or portion, thereof, designed floor of such story_ NOW THEREFORE, the Town Board for or occupied as a home for three (3) 22—STRUCTURE—Anything construe- of the Town of Southold,Suffolk Coun- or more families or households, living ted or erected, the use of which re- ty, State of New York, by virtue of independently of each other. quires a more or less permanent lo- the authority in it by law Invested, m 10—GARAGE-PRIVATE--A building cation on.the soil, or attached to some- hereby ordains and enacts-tile follow- used for the storage of one (1) or ore thing having a permanent location on ing ordinance. gasoline or other power driven vehicles the soil. SECTION 1—This ordinance shall be owned and used by the owner or ten- 23—STRUCTURAL ALTERATIONS— known and may be cited as "The ant of the lot on which it is erected, Any change in. the supporting members Building Zone Ordinance of the Town and for the storage of not exceeding of a building, such as bearing wails, of Southold, Suffolk County, New two (2) additional vehicles (not trucks) columns, beams or girders. Yoik" caned or used by others. 24—YARD--An open space on the ARTICLE I 11—GARAGE - PUBLIC—A building same lot with a building, unoccupied other than a private garage, used for and unobstructed from the ground up- SECTION 100—Definitions—For the housing or care of gasoline or other ward except as otherwise provided • purpose of this Ordinance, certain power driven vehicles, or where such herein. terms and words are, herewith, defined vehicles are equipped for operation, re- 25—FRONT YARD—The required as follows: paired or kept for remuneration, hire open space extending along the street Words used in the present tense in- or sale. line of any street on which the lot elude the future, the singular number 12—HOTEL—A building occupied as abuts. includes the plural and the plural the the more or less temporary abiding 26—REAR YARD—The required open singular, the word "building" includes place of individuals who are lodging space extending along the rear lot line Page 1 r (nu.. a street line) throughout the 2—Churches, schools, libraries, apply. whole 'width of the lot. 3—Non-commercial parks, play- SECTION 301—"A" nEIGlfI'--Ia 27—SIDE YARD—The required open grounds, athletic fields, bathing the "A" Residential and Agricultural space extending along the side lot lines beaches, bathhouses or boathouses. District, no building, hereafter erec- from the front yard to the rear yard. 4—Agricultural farms, poultry farms, ted or altered. eha11 exceed thirty-five 26-SIZE OP LOT-AREA—The area nurseries, greenhouses and truck gerd- (35) feet or three (3) stories. of a lot shall be the total area meas- ening (does not Include farms for the Except public or semi-public build- ured inside all of Its boundaries. raising or breeding of ducks) lags may be erected to a height not ARTICLE II 5—Clubs, fraternity houses and golf exceeding fifty (50) feet when set back Instricts courses, except where the principal ac- an additional six (6) inches on all -SECT/ON 200—IISE DISTRICT tivitles are carried on as a business. sides for each foot such buildings ex- REGULATIONS—For the purpose of 6—Railway passenger stations. ceed the height of thirty-five (35) feet. this Ordinance. the Town of Southold, 7—Accessory buildings,Including one SECTION 302--"A" I3II liDING outside of the Incorporated Villages, (1) private garage, when located not AREA—In the "A" Residential and Is hereby divided into three (9) classes less than,fifty (50) feet from the front Agricultural District,the total building of districts which shall be designated 'lot line or a private garage within or area shall not exceed twenty-five (25) as follows: attached to the dwelling. percent of the total lot area. "A"RESIDENTIAL AND AGRICLIL- a--Uses customarily incidental to any SECTION 303—"A" SIZE OF LOT- TURAL DISTRICTS of the above uses when located on the AREA—In the- "A" Residential and "B" BUSINESS DISTRICTS same lot and not Involving the con- Agricultural District, no building shall "C" INDUSTRIAL DISTRICTS duct of a separate business_This shall he erected or altered on a lot of an SECTION 201—The boundaries of be understood to Include the profes- area less than twelve thousand five said districts are, hereby established slonal office or studio ofa doctor,dtor, hundred (12,500) square feet, or upon as shown upon the Building Zone Maps dentist, teacher, artist, architect, a lot having a frontage of less than en- one hundred (100) feet. which accompany and which, with all gineer, musician, lawyer, magistrate or SECTION 304—"A"FRONT YARD— notations, references and other matter practitioner of a similar character or In the 04ResidentialA"FandNYARD— shown thereon are, hereby, declared rooms used for home occupations In- rural Aglaia- to yard be part of this Ordinance, as if the eluding dressmaking, millinery or aim(.- shalt District,baleastthe requiredtqrefront(35) feet matters and things set forth by said lar handicrafts, PROVIDED the office, from the street line. map were all fully described herein. studio SECTION . or occupational rooms are lo- 3t Where property in SECTION 202—No building shall be cated in a dwelling in which the prae- the vicinity 3s partly built up with erected, altered or used, and no prem- titloner resides or in a building acces- ses shall be used for any other than a sory thereto, and'PROVIDED further, permanent buildings and an average purpose permitted in the zone in which no goods are publicly displayed on the setback line of stare or less than thirty premises and no sign or advertisement five (35) feet has been established, no such building 0o3 The boundarieses located. buildings, hereafter erected or altered, SECTION 203—The be- is shown other than a sign not larger tween districts are, unless otherwise than two (3) square feet in total area, shallproject beyond the Ilne of the bearing only the name and occupation average setback so established. rights-of-waycated, eithor streetuhlines,extendedrtded SECTION 306—In case of a corner or such lines (words only) of the practitioner. or lines parallel thereto or boundaries 9—The sale at retail of farm garden lot of record at the time of the pas- of subdivisions. Where figures are or nursery products produced on the sage of this Ordinance, a front yard shown on the zoning maps between a premises or of animals raised on the shall be required; same to be on a line street and a district boundary line,theypremises. One (I) advertising sign or with the average setback lines on both signsnot exceeding twenty-four (24) streets produced to a point of later- indicate that the district boundary linesection and if no average setback has runs parallel to the street line at a square feet in total area advertising been established then a front yard, distance as so indicated. When the the sale of farm garden or nursery thirty-five (35) feet deep, shall be re- location of a district boundary line products produced on the premises or quires on each street front, or may be re- location not otherwise determined, it shall of animals raised on the premises. decreased as a special exception by the -- be determined by the scale of the map 10- Otte (1) real estate sign not soars of Appeals e5 hereinafter the ro- measured from a given line.Where the larger than twelve (12) square feet ba vides_ street layout, actually on the ground, area on any one (1) or more Iots, ad- SECTION 307—"A" SIDE YARDS— varies from the street layout as shown vertising the sale or letting of only In the"A"Residential and Agrfettltw on the zoning maps, the designation the premises on which it is maintained District, there shall be two (2) sins shown -on the mapped streets shall and set back not less than the required apply in such a way as to carry out front yard distance and not less than yards, one (1) on each side of the buildings, the total aggregate of both the real intent and purposes of this ten (10) feet from each side line. sides to be twenty-five (25) feet and Ordinance for the particular area in When the advertising sign Is for the no one (I) side yard to be less than question. - purpose of selling or leasing of acreage, ten tIfeet wide. SECTION 204—Where a district or the selling of lots in a subdivision, PROVIDED that, In the case of a boundary line divides a lot In a single one (I) real estate sign,having an. area lot held in single and separate owner- ownership at the time of passage of of not more than twenty-four (24) ship at the effective date of this Or- Ordinance, the Board of Appeals, square feet, will be permitted on each dinance,of a width cess than one hun- ts hereinafter provided, may permit five hundred (500) feet to one thous- dred (100) feet or of an area less than the less restricted use to extend to the and (1000) feet of.frontage on the twelve thousand five hundred (12.500) whole or any part of such lot. highway or highways on which the feet, a single family dwelling may be ARTICLE III property fronts, PROVIDED said sign built thereon with side yards reduced "A" Residential and Agricultural is set back riot less than the front yard fifty (50) percent and when further re- District restrictions required and not less than duced as a special exception by the SECTION 300—In the "A" Resider- ten (10) feet from each side line and Board of Appeals as hereinafter pro- tial and Agricultural District,no build- the bottom of sign be placed not less sided. ing or premises shall be used and no than three (3) feet above the ground_ SECTION 30S—"A" REAR YARD— ' building shall be hereafter erected or If the property should have a frontsge In the "A" Residential and Agricultur- altered unless otherwise provided in of less than five hundred (500) feet, al District, there shall be a rear yard this Ordinance, except for one (1) or the sign permitted shall have an area having a minimum depth of twenty- more of the following uses: of not more than twelve (12) square five (25) feet. 1—One (1) family dwellings. feet and the same restrictions shall PROVIDED that, in case of a lot Page 2 held in single and separate ownership i—Restaurants, bakery shops, con- east .i (10) feet or fraction therof at the effective date of this Ordinance, iectlonery ar ice cream shops or fac- which the building exceeds fortY (40) having a total depth of less than one tortes- feet in height_ • hundred (100) feel, a tingle family 9—Public garages or automobile ser- SECTION 407—"B" DENSE OF dwelling may be built thereon with a vice stations when approved as a spec- POPULATION—In the--'a" Busing rear yard of less than twenty-five (25) lal exception by the Board of Appeals District, no building shall hereafter be feet, when authorized as s special ex- as hereinafter provided, erected or altered td accommodate or ception by the Board of Appeals es 10—Storage houses, stables, express, make provisions for more than twenty hereinafter provided and PROVIDED carting or hauling offices or stations, (20) families on one (1) acre of ground further that in no case shall the rear ice manufacturing, yards for storage or more than a proportional number of yard be less than fifteen (15) feet_ and sale of coal and building materials. families on a fractional part of any SECTION 309--"41" ACCESSORY 11—Newspaper offices or job printing, acre of land, based on the require- BUILDINGS—In the "A" Residential book binderies, laundries, dry cleaning Aleuts as outlined above. and Agricultural District, accessory or dyeing, undertaking establishments. SECTION 403--C AD- buildings may occupy forty (40) per- 12—Creamery, butter or cheese VERTISING BOARDS — In the "B" cent of the required rear yard up to making, milk bottling or distributing Business District, commercial advertis- an average height of eighteen (18) feet. stations- lug boards shall not exceed six (6) feet The yard area allowed by such ac- 13—Shops for carpenters, plumbers, high by ten (10) feet long,the bottom cessory buildings shall be included in blacksmiths, upholsterers, electricians, of which shall be at least three (3) computing the percentage of lot area tinsmiths, paper hangers, painters, feet from the ground and so placed as to be built upon and PROVIDED tailors, dressmakers, millinery shop, to be at least five (5) feet distant from further that no building of any kind shoemakers, jewelers, watch and clock all street and property lines. or nature shall be built within three makers, opticians, musical or scientific SECTION 40g—"B" SIZE OF LOT- (3),feet of any lot line_ instruments, pet animals and other AREA In the "B" Business District, SECTION 310—OFF-STREET PARK- trades or uses of a similar grade. no building,shall be erected or altered ING AREA—In "A" Residential and 14—Commercial docks, piers, ferry on a lot of an area less than seventy- Agricultural Districts, no building shall slips, ferry houses, fishing stations, five hundred (7,500) square feet or be hereafter erected or altered or boat yards, bus stations and terminals- upon a lot having a frontage of less added to In excess of fifty (50) percent 15—Any manufacturing, fabricating, than fifty (50) feet. of its area prior to the adoption of treating, converting, finishing, altering SECTION 410 — OFF - STREET this Ordinance, unless not less than or assembling, in connection with the PARKING AREA — In "B" Business one (1) parking space for each,family aforesaid permitted uses and which Is District, no building shall be hereafter unit therein shall be provided for.For a necessary incident and accessory to erected, or altered or added to in ex- all places of public assembly including the preparation of articles to be sold cess of fifty (50) percent of its area auditoriums,churches and similar pub- primarily on the premises or to the prior to the adoption of this Ordinance, lic gathering places erected, there shall performing of a service primarily for unless a minimum provision for off- be provided not less than one (1) park- residents of the neighborhood. street parking shall be made as follows: ing space for each seven (7) permanent 16—Accessory use on the same lot (a) Hospitals — One (1) parking seats in such buildings or for each with and customarily incidental to any space for every four (4) beds. part of the total area within such of the above permitted uses. (b) Theatres—One(1)Parking space building or structure as is or may be SECTION 401. No building may be for every (7) seats. made available for seven (7) penman- erected, altered, or used, and no lot or (c) Dwellings — One (1) parking ent or temporary seats. The 'formula premises except for agriculture may be space for every dwelling unit for providing an adequate parking used for any trade,Industry or business (d) Hotels—One (1) parking space area is an area of three hundred thirty- that has been adjudicated a public for every two (2) rooms_ four (334) square feet per required mo- nuisance by a court of record. (e) All places of public assembly tor_vehicle unit - SECTION 402—"B" HEIGHT—In such as auditoriums, churches and for ARTICLE IV the "B" Business District, no building similar uses — One (1) parking space "0" Business District hereafter erected or altered shall ex- for each seven (7) permanent seats or SECTION 400—In 'the "B" Business ceed fifty (50) feet. an area equivalent to seven (7) per- District, no building or premises shall SECTION 403—"B" BUILDING manent seats. be used, and no bililding shall be here- AREA---In the "B" Business District, (f) All structures where offices or -after erected or altered unless other- no building shall be erected or altered living quarters are provided over the wise provided in this Ordinance, ex- or used in whole or in part as a dwell- first floor, an additional space shall be cept for one (1) or more of the fol- ing to exceed seventy (70) percent of provided for each office or for each lowing uses: the lot area. dwelling unit. 1—One (1) family or two (2) family SECTION 404—"B" FRONT YARD— (g) All other business buildings dwellings: multiple family dwellings In the "B" Business District, the re- Where the ground floor area is in ex- (provided all requirements as are out- quired front yard shall be at least cess of two thousand five hundred lined in "A" Residential and Agricul- twenty-five (25) feet- (2,500) square feet— One (1) parking tural District are complied with). SECTION 405—Where property in space for each two hundred (200) 2—All permitted uses as outlined in the vicinity is partly built up with square feet of building area or frac- , 'A" residential and Agricultural Dis- permanent buildings and an average tion thereof in excess of two thousand trict_ setback line has been established, no five hundred (2,500) square feet. 3—Hotels, motels, motor lodges, buildings hereafter erected or altered The formula for providing an ade- boarding houses and similar establish- shall project beyond the line of the quate parking area is an area of three merits, average setback so established. hundred thirty-four (334) square feet 4—Hospitals and clinics, other than SECTION 406—"B" REAR YARD— per required motor vehicle unit. those for infectious or contagious dis- In the"B"Business District,if a build- ARTICLE V cases, or insanity or mental diseases, log is used in whole or in part as a "C" Industrial District or liquor or drug addicts, having a minimum depth of fifteen SECTION 500—In the "C" Industrial 5—Offices, banks, financial institu- dwelling, there shall be a rear yard District, all buildings and premises,ex- tions, telephone, telegraph, gas or elec- (15) feet. PROVIDED further that, in cept as otherwise provided in, this tric business- the case such building is over forty (40) Ordinance,- may be used for any use 6—Stores, feet high, the depth of the rear yard except the following: 7—Places of amusement. shall be increased five (5) feet for 1—Abattoirs (except as a special ex- Page 3 . ception by the Board of Appeal In the "C" Industrial District, if a • deemed to apply to the temporary hereinafter provided). building is used in whole or in part as or seasonal camp of any unit of the 2—Acetylene gas manufacture or gas ' a dwelling, there shall be a rear yard Boy Scouts of America or the Girl ' manufacture from coal,coke,petroleum having a minimum depth of fifty (50) Scouts of America or other such or- or from any other product or the stor- feet. ganlzations under the leadership pro- age thereof. SECTION 502—COMMERCIAL AD- vided by said organizations respec- 3—Acid manufacture. VERTU/NG BOARDS—In the "C"In- Only- 4—Ammonia., bleaching powder or dustrial District, commercial advert's- ARTICLE VII chlorine manufacture. Ing boards shall not exceed six (6) feet Applications and Permits 5—Arsenal, high by ten (10) feet long, the bottom SECTION 700. It shall be the duty 6—Asphalt manufacture. of which shall be at least three (3) of the Building Inspector,or such per- 7—Blast furnace feet from the ground and so placed as son as designated by the Town Board. 8—Cement, lime, gypsum or plaster to be at least five (5) feet distant from and be is hereby given the power and of paris manufacture, all street and property lines- authority to enforce the provisions of 9—Coke ovens. SECTION 503—"C"FRONT YARD— this Ordinance. 10—Crematories. In the "C" Industrial District, the re- SECTION 701—The Building Inspec- Il—Distillation of bones. quired front yard shall be at least tor shall require that the application 12—Dwellings, all types. thirty (30) feet, provided further that for a building permit and the accom- 13—Explosives, manufacture or stor- where property is bounded on any side pauying plot plan shall contain all the age. by a railroad right-of-way or on a rear information necessary to enable him 14—Fat rendering. line by a railroad right-of-way, there to ascertain whether the proposed 15—Fertilizer manufacture shall be a setback along the entire building compiles with the provisions 16—Fire works manufacture. length of such railroad right-of-way of this Ordinance. 17—Garbage, offal or dead animals, or private right-of-way of at least SECTION 702—No building permit reduction or dumping (except as a thirty (30) feet. shall be issued until the Building In- special exception by the Board of Ap- SECTION 504—"C" SIZE OF LOT- spector has certified that the proposed peals as hereinafter provided) . AREA—In the "C" Industrial District, building or addition complies with all 1B—Glue, size or gelatine maculae- no building shall be erected or altered the provisions of this Ordinance_ Lure. on a lot of an area less than twelve SECTION 703—A permit will be re- 19—Gunpowder manufacture or stor- thousand five hundred (12,500) square quired prior to the commencing of work age. feet or upon a lot with a frontage of for the erection or additions to ail resi- 19A--Automobile wrecking and all less than one hundred (100) feet. dence, business and 'industrial build- other Junk yards SECTION 505 — OFF - STREET Jags. Accessory buildings including all 20—Oilcloth or linoleum manufacture. PARKING AREA—In the "C" Indus- types of farm buildings except migrant 21—Oiled, rubber or leather manufac- trial District, no building shall, be camps do not require a permit provided Lure. hereafter erected or altered or added that all use, height and yard require- 22—Ore reduction. to in excess of fifty (50) percent of its merits have been compiled with. 23—Paint, oil, shellac, turpentine or area prior to the adoption of this Ordi- SECTION 704—All permit fees and varnish manufacture. nance, unless a minimum provision for fees for certificates of occupancy shall 24—Paper and pulp manufacture, off-street parking shall be made as be established by the Town Board. 25—Petroleum refining. follows: SECTION 705—For each Application 26—Potash works. (a) All buildings where the ground or Appeal to the Board of Appeals as 27—Rolling mill. floor area is two thousand five hundred hereinafter provided, there shall be a 28—Rubber or gutta percha manufac- (2,500) square feet-- One (1) parking fee of fifteen dollars ($15.00) accom- ture. space for each two hundred (200) panying the Application or Appeal. 29—Salt works, square feet of building area or fraction SECTION 706—All permits shall ex- 30—Sauerkraut manufacture thereof in excess of two thousand five pire in one (1) year of issuance thereof, 31—Shoe blacking or stove polish man- hundred (2,500) square feet. the renewal fee to be one half (if) ufacture. Lb) All places of public assembly— the original fee. 32—Smelting. One (1) parking space for each seven SECTION 707— For each proposed 33—Soap manufacture. (7) permanent seats or an area equly- change of the Ordinance or change of 34—Stockyards or slaughter houses alent to seven (7) permanent seats. the Zoning Map as provided by Section (except as a special exception by the (c) All structures where offices are 902 of Article IX of this Ordinance. Board of Appeals as hereinafter pro- provided over the first floor— An ad- there shall be a fee of twenty-five dal- vided). ditional parking space shall be pro- 'ars ($25.00) accompanying the petition. 35—Stone mill or quarry. vides for each office. ARTICLE VIII 36—Structural steel or pipe works. The formula for providing an ade- Board of Appeals 37—Sulphuric, nitric or hydrochloric qua te parking area is an area of three SECTION 800 — The Town Board acid manufacture, hundred thirty-four (334) square feet shall appoint a Board of Appeals con- 38--Sugar refining_ per required motor vehicle unit. slating of five (5) members as provided 39—Tar distillation or manufacture. ARTICLE VI by the Town Law 40—Tar roofing or waterproofing man- Tourist Camps, Camp Cottages SECTION 801-A—The Board of Ap- ufacture. and Trailers peals,may.hi a specific case after pub- 41—Tallow, grease or lard manufac- SECTION 600 — PERMITS RE- lie notice and hearing, and subject to tore. QUIRED—No tourist camp shall be es- appropriate conditions and safeguards, 42—Tanning, curing or storage of tablished, maintained or operated in determine and vary the application of rawhides or skins, any district, nor shall any tent, tent- the'regulations herein established in 43—Tobacco (chewing) manufacture house, camp-cottage, house-car or harmony with their general purpose or treatment, trailer, to be used or occupied as a and intent as follows: 44—Vinegar manufacture. place for living, sleeping or eating, B. VARIANCE POWERS. (SlAT- 45—Yeast plant. whether charge is or is not made, be TERS OF APPEAL TO THE HOARD And in general those uses which erected or placed therein, unless au- OF APPEALS). are authorized as a special exception thorized by the Town Board pursuant Where there are practical didicul- by the Board of Appeals as hereinafter to the provisions of the Trailer Camp ties or unnecessary hardships in the provided Ordinance dated June 30, 1951 way of carrying out the strict letter of SECTION 501—"C" REAR YARD— SECTION 604--Article VI shall not these regulations, the Board of Appeals Page 4 , rear ehail'have the power to vary or modify tional facilities, if existing, or If pro- side feet, a said be ininimum,crease and d 9 the application of tomb regulations so posed by the Town or by other corn- one (1) foot for each Inten that the spirit of the Ordinance shall petent Governmental agency; 6) feet oS such axtepslon_ be observed, public safety and welfare (0) To the necessity for bituminous (1ACTION got floe Board of Ap- e' secured and substantial Justice done. surfaced space for purposes of off- O. SPECIALPOWERS AND RULES; street parking of vehicles incidental peals shall make rules as to the Olen" (MATTERS OP ORIGINAL JORTB- to the use, and whether such space is nor of filing appeals or applications DICTION AND BY APPLICATION TO reasonably adequate and appropriate for special exceptions or variances THE BOARD OF APPEALS). and can be furnished by the owner SECTION 803--Upon the filing with a) Whenever a use, or the location of the plot sought to be used within the Board of Appeals of an appeal or thereof, Is permitted only if the Board or adjacent to the plot wherein the of an application for special eexxcepttiioon of Appeals shall approve thereof, the use shall be had; or variance,the Board of Appeals Board of Appeals may, in a specific (9) Whether a hazard to life, limb fix a time and place for a public hear- case and after notice and public hear- or property because of fire, flood, ing thereon and shall give notice there- fng, authorize such permissive use and erosion or panic may be created by of as follows: its location within the district in which reason or as a result of the use, or (a) By publishing a notice thereof this Ordinance specifies the permissive by the structures to be used therefor, In accordance with the Toes Law. use may be Iocated,subject,however to or by the inaccessibility of the prop- ARTICLE TX.the following: erty or structures thereon for the con- Amendments (a) Before such approval shall be venient entry and operatoin of fire and SECTION 900--The Town Ward given, the Board of Appeals shall de- other emergency apparatus or by the upon Its own motion or by petition termines undue concentration or assemblage of may, from time to time. amend, sup- (1) That the Use will not prevent persons upon such plot; plement, change, modify or repeal this the orderly and reasonable use of ad- (10) 'Whether the use, or the striae- Ordinance including the Zoning Map, jacent properties or of properties in tures to be used therefor, will cause by proceeding in.the following manner: adjacent use districts; en overcrowding of land or undue con- SECTION 901—The Town Board by (2) That the use will not prevent centration of population; Resolution adopted at a stated meeting the orderly and reasonable use of per- (Il) Whether the plot area is sial- shall fix the time and place of a milted or legally established uses in orient, appropriate and adequate for public hearing on the proposed amend- the district wherein the proposed use is the use and the reasonably anticipated ment and cause notice thereof to be to be located or of permitted or legally operation and expansion thereof; and given as follows: establishes uses in adjacent use dis- (12) Whether the use to be operated (a.) By publishing a notice thereof tr)cts; is unreasonably near to a church, once a week for two (2) successive (3) That the safety, the health, the school, theatre, recreational area or weeks in two (2) Newspapers of gen- welfare, the comfort, the convenience other place of public assembly. oral circulation published en the Town or the order of the Town will not be (c) The Board of Appeals shall, in (b) The notices shall state the lo- adversely affected by the proposed use authorizing such permissive uses, im- cation and general nature of the pro- and its location; and pose such conditions and safeguards posed amendment. (4) That the use will be in liar- as it may deem appropriate. necessary (c) The Town Board, before adver- mony with and promote the general or desirable to preserve and protect using for public hearing, shall, In a purposes and intent of this Ordinance. the spirit and objectives of this Or- written request, instruct the Town (b) In making such determination, dinance Planning Board to prepare an official the Board of Appeals shall also give (II) When,In its Judgment,the public report defining the conditions de- consideration, among other things, convenience and welfare and justice scribed in a petition and determine the to:— will be substantially served, and pro- area so affected with their re=ommen- (1) The character of the existing vided that the legally established or dation. and probable development of uses in permitted use of neighborhood proper- SECTION 902-1n case, however, of the district and the peculiar suitability ty and adjacent use districts will not a protest against such change, signed of such district for the location of any be substantially or permanently in- by the owners of twenty (20) percent of such permissive uses; lured,the Board of Appeals may,after or more, either of the area of land (2) The conservation of property public notice and hearing and subject included in such proposed change, or values and the encouragement of the to appropriate conditions and safe- of that immediately adjacent thereto, ° most appropriate uses of land; guards as outlined,authorize the grant- extending one hundred (100) feet (3) The effect that the location of Ing of a permit. therefrom, or of that directly opposite the proposed use may have upon the (a) Where a district boundary line ell- thereto, extending one hundred (100) creation or undue increase of vehicular vides a kit which is proved to the sails- feet irons the street frontage of such traffic congestion on public streets or faction of the Board of Appeals to have opposite land, such amendment shall highways; been in single and separate ownership not become effective except by the (4) The availability of adequate and at the effective date of this Ordinance, favorable vote or at least four (4) proper public or private facilities for and the total area of which lot has members of the Town Board. the treatment, removal or discharge not been diminished or increased since SECTION 903—At a. public liesrin.g, of sewage, refuse or other effluent such date, the less restricted use may full opportunity to be heard shall be (whether liquid,solid,gaseous or other- . be adjusted to extend to the whole or given to any citizen and all parties in wise) that may be caused or created any part of such lot but not more than interest_ by or a-s a result of the use; [iffy (50) feet beyond the boundary ARTICLE 1s (5) Whether the use, or materials line of the use district In which said General Provisions incidental thereto, or produced there- lot is located. SECTION 1000-In a Residential and by,may give off obnoxious gases,odors, (b) If the Iess restricted use shall Agricultural District where a lot abuts smoke or soot; be extended ten (10) feet or more on a parkway, the lot shall be con- (9) Whether the use will cause dis- within a residential use district, a sidered to front and have a front yard turbtng emissions of electrical dis- permanent open space for a rear and on the street and also on the parkway charges, dust, light, vibration or noise; side yard of not Iess than ten (10) and where the building accords with this section.a private accessory.garage (7) Whether the operations in pur- feet shall be provided for and main- may be incorporated in the building or suance of the use will cause undue tamed within the lot area as so ex- attached thereto regardless of distance interference with the orderly enjoyment tended. Also in such event, if the less from streets_ by the public of parking or of recrea- restricted use be extended more than (Page 5 SECTION 1001 — Notwlthsta ig SECTION 1006—On any corner lot, be the minimum reaulremnts for the any other provisions of this Ordinance no wall, fence or other structure shall promotion of the health. safety,morals ," all automobile or other Junk yards In be erected or altered, and no hedge, or the general welfare of the Town.It existence, and in effect at the date,of tree, shrub, or other growth shall be is not intended by this Ordinance to in; this ordinance shall within the ex- maintained which may cause danger terfere with or abrogate or annul any piration of 3 years from same provide to traffic on a street by obscuring the Town Building Coda, or any rules and suitable screening In the form of solid view, minimum of twenty (20) feet. regulations adopted or issued there- fencing or hedges completely around SECTION 1007 — NON-CONFORM- under, or the rules and regulations of the periphery of the area used for such ING USES—The lawful use of a build- the Department of Health of the Coma- storage purposes, and the type of fence lag existing on the effective date of ty of Suffolk, and not in conflict with or hedge shall be subject to the ap- this Ordinance, or authorized by, a any of the provisions of this Ordin- proval of the Planning Board. building permit issued prior thereto, ance; PROVIDED, however, that SECTION 1002 — Notwithstanding may be continued although such use where this Ordinance Imposes a greater any other provisions of this Ordinance, does not conform with the provisions restriction upon the use of buildings or any sign or commercial billboard in ex- of this Ordinance and such use may be premises or upon the height of, the istence at the effective date of this Or- extended throughout the building law- building,or requires larger open spaces dinance In a Residential and Agricul- fully acquired previous to the said date. than are Imposed or requiredby such tural District, shall, at the expiration A non-conforming use of a building Ordinance, rules and regulations, the of five (5) years from such date, be may be changed to a use of the same provisions of this Ordinance ellen con- discontinued. The Board of Appeals or higher classification according to trol. may, however, permits its continuance the provisions of this Ordinance. SECTION I011—REMEDIES--In case as a special exception as herein pro- Whenever a district shall hereafter be any building or structure is erected, aided. changed, any then existing non-con- constructed, reconstructed, altered, re- SECTION 1003—The Planning Board forming use of a building in such paired, converted or maintained, or shall study the application of this Or- changed district may he continued or any building, structure or land is used dinance and shall, from time to time, changed to a use of e,similar or higher in violation of this Ordinance, or of recommend to the Town Board such classification, provided all other regu- any regulations made pursuant thereto. changes in the Ordinance and in the latlons governing the new use are com- in addition to other remedies provided boundaries of the various districts as plied with. Whenever a non-conform- by law, any appropriate action or Pro" it shall deem advisable to further pro- log use of the building has been dls- ceeding whether by legal process or mote the health, Safety, morals or the continued for a period of more than otherwise, may be instituted, er taken general welfare of the community. two years, or changed to a higher to prevent such unlawful erection, con- ' SECTION 1003a. -- All labor camps classification, or to a conforming use, struction,reconstruction,alteration,re- where provision is made for the hous- anything in this Section to the con- pair, conversion, maintenance or use, lug and feeding of transient help re- trary notwithstanding, the non-con- to restrain. correct or abut such vio- gardless of the number to be accom- forming use of such building shall no lation,to prevent the occupancy of said modated, shall first meet all require- ' longer be permitted unless a variance building, structure or land or to pre- merit of existing law. Farm labor to such non-conforming use shall first vent any illegal act, conduct, business camps on farms shall not be located have been granted by the Board of or use in or about such premises nearer to any other residence Wan to Appeals. SECTION 1012 — PENALTIES.—For the residence of the employer except SECTION 1008 — TIDAL LANDS— any and every violation of the pro- as a. special exception by the Board When the tidal lands are not shown as visions of this Ordinance, the owner, of Appeals_ The location of any other zoned on the Zoning Map, they shall general agent,or contractor of a build- labor camp or camps not on farms shall be considered to- He within the "A" ing or premises, where such violations be subject to the approval of the Zon- Residential and Agricultural District but have been committed or shall exist, tag Board of Appeals. no structure erected therein shall be and the general agent,architect,build- SECTION 1004—In any district. no erected upon such lands owned by the er, contractor or any other person who Public Garage for more than three (3) Town of Southold except upon the ap- knowingly commits, takes part or as- motor vehicles and no gasoline vending proval of the Board of Town Trustees. sista in any such violation or who station shall be erected or altered and SECTION 1009—VALIDITY—Should maintains any building or premises in used within two hundred (200) feet of any section or provision of this Or- which any such violation shall exist, any premises used for a public school, dinance be declared by a court of shall be guilty of a misdemeanor. Each public library, church, hospital or or- competent jurisdiction to be invalid. week's continued violation shall con- phanage. such decisions shall not effect the val- stitute a separate additional violation. SECTION 1005—PUBLIC PARKING idity of the Ordinance as a whole or Such fines or penalties shall be col- PLACES—No public parking place any other part thereof. lected as like fines are now collected shall be conducted in any district sic- SECTION 1010—INTERPRDTATION, by law. sept as a special exception by the PURPOSE AND CONFLICT—In inter- Board of Appeals. preting and applying the provisions of this Ordinance, they shall be held to ADOPTED 13Y THE SOUTHHOLD TOWN BOARD ON APRIL 9. 1957 Page 6 a ' shall be,at least thirty-five (35) feet its area prior to the adoption of es ished on each street, the yard fr-am the street line. taus Ordinance, unless not less than depth shall be established on a line SECTION 305—Where property in one (1) parking space for each fanny with said average setback lines ' , the vicinity is partly' built up ,with unit therein shall ea provided for. For projected to a point of intersection. , peimanait buildings and en average all places of public aesemoly including, If no average setback lines have setback line of more or less than thirty auditoriums, churches and sunilar pup- been established, the required front five (35) feet has been establisned, no -lie gathering places erected there shall yard shall not be less than thirty- • buildings, hereafter erected or altered, be provided not less than one (1) park- five (35) feet from each street line shah project beyond the line of the ' mg space for each seven (7) permanent unless decreased. as a special ex- o average setback so established. seats in such buildings or for each ception by the Board of Appeals as SECTION 306—In case of a corner part of the total area within such hereinafter provided. lot of record at the time of the pas- building or structure as is or may be SECTION 357—SIDE YARDS — In sage of this Ordinance, a front yard made available for seven (7) peranan- , the "11i" Multiple Residence Ms- snail be be required; same to be on a line ent or temporary seats. The formula - tract, there shall be two (2) side with the'average setback lines on both for providing an adequate paris,ag yards, one (1) on each side of the , streets produced to a point of inter- area is an area of three hundred thirty- buildings, the total aggregate of ti section and if no average'setback has four (334) square feet per required mo- both side yards shall ne twenty- been established then a front yard, for vehicle unit. five (25) feet and no one (1) side ' thirty-five (35) feet deep, shall be re- ARTICLE III A yaid shall be less than ten (10) quired on each street front, or may be "M" Multiple Residence District feet. , decreased as a special exception by the SECTION 350—In the "M" Multiple SECTION 358—REAR YARD--In Board of Appeals as hereinafter pro- Residence District, no building or the 'M" Multiple Residence District vided• premises shall-be used, and no , there shall be a rear yaid having SECTION 307—'A" SIDE YARDS— building shall be hereafter erected a minimum depth of twenty-five In the "A" Residential and Agri- or altered unless otherwise provided (25) feet. cultural District, there shall be two in this Ordinance except for one (1) SECTION 359 — OFF-STREET (2) side yards, one (1) on each side or more of the following uses: PARKING AREA — In the "el" of the buildings, the total aggregate 1. A use permitted in an "A" Multiple Residence District, no of both sides shall be twenty-five Residential and Agricultural Dis- building shall be hereafter erected (25) feet and no one (1) side yard tract, or altered or added to in excess of shall be less than ten (10) feet. 2. Multiple dwellings designed for fifty (50) percent of its area prior PROVIDED that, in the case ofand occupied by not more than to the adoption of this Ordinance, a lot held in single and separate four (4) families_ unless a minimum provision for off- ownership at the effective date of 3. Hotels, motels, and boarding , street parking shall be made as fol- this Ordinance, of a width less than and tourist houses. lows: one hundred (100) feet and of an 4. Tourist cottages. (More than (a) Dwellings—One (1) parking area less than twelve thousand five one (1) Tourist Cottage may be per- space for each family unit. hundred (12,500) feet, a single rutted on a lot when authorized (b) Hotels, boarding and tourist family dwelling may be built there- as a special exception by the Board houses—One (1) parking space for on with side yards reduced fifty (50) of Appeals as hereinafter provided)_ each two ,(2) guest rooms. • percent and may be further reduced 5. Accessory uses on the same (c) Motels and Tourist Cottages— when authorized as a special ex-, lot with and customarily incidental I One (I) parking space for each ception'by the Board of Appeals as to any of the above permitted uses. , guest room or dwelling unit. ' hereinafter provided. SECTION 351—HEIGHT— In the SECTION 350—SIGNS---In the "M" , SECTION 306—"A" REAR YARD— "M" Multiple,Residence District, no Multiple Residence District the-fol- In the "A" Residential and Agricul- building hereinafter erected or al- lowing signs'are permitted. tural District, there shall be a rear tered shall exceed thirty-five (35) (1) Signs permitted_ in an "A" yard having a minimum. depth of feet or three (3) stories In height. Residential and Agricultural Dis- twenty-five (25) feet. SECTION 352—BUILDING AREA— trict. PROVIDED that, in case of a lot In the "M" Multiple Residence Dis- (2) On premises used for hotel, held in single and separate ownership triet, the total building area shall motel, boarding and tourist house at the effective date of this Ordinance, not exceed fifty (50) percent of the P purposes, unless. otherwise provided having a total depth of less than one , lot area. as a special exception by the Board hundred (100) feet, a single family SECTION 353—SIZE OF LOT AREA of Appeals as hereinafter provided, dwelling may be built thereon with a —In the "M" Multiple Residence one (1) advertising sign either rear yard of less than twenty-five (25) District,no building shall be erected single or double faced not exceeding feet, when authorized as a special ex- or altered on a lot having an area fifty (50) square feet in area adver- ' ception by the Board of Appeals as of Iess than twelve thousand five tisine only the business conducted hereinafter provided and PROVIDED hundred'(12,500) square feet and a on the premises and set back not further that in no case shall the rear frontage of less than one hundred less than five (5) feet from all yard be less than fifteen (I5) feet. (10D) feet. street and property lines. SECTION 309 — "A" ACCESSORY SECTION 354—FRONT YARD — ARTICLE IV BUILDINGS--In the "A" Residential in the "M" Multiple Residence ••D" Business District" and Agricultural District, accessory/ District, the required front yard 40D—In "B" Business buildings may occupy forty (40) per- shall be not less than thirty (30) District,SECTIONo 4 0—In the premisesB"B ;,hall cent of the required rear yard up to feet_ i an average height of eighteen (18) feet. SECTION 355—Where the property be used, and no building shall be here- The yard area allowed by such ac- in the vicinity is partly built up ' after erected or altered unless other- cessory buildings shall be included in with permanent buildings and an wise provided in this Ordinance, ex- computing the percentage of lot area average setback line has been estab- cept for one (1) or more of the fol- r to be built upon and PROVIDED lished,no building hereinafter erect- lowing uses: further that no building of any kind ed or altered shall project beyond 1—One (1) family or two (2) family or nature shall be built within three , the tine of the average setback so dwellings; multiple family-dwellings. (3) feet of any lot line. established. Notwithstanding any other,provi- SECTION 310—OFF-STREET PARI{- SECTION 356—In the case Of a sions of this Article, such dwelling ,`„ y(' ING AREA—In "A" Residential and corner lot of record at the time of when erected or altered in a "B" 9, Agricultural Districts, no building shall the adoption of this Ordinance, a, Business District shall comply with be hereafter erected or altered or front yard shall be required. Where the provisions of Section 301 to 308 added to in excess of fifty (50) percent an average setback line has been Inclusive of this Ordinance. , 8 • • • • r . . • - . • • i� ! II ` . '1 I f • 1' • • 1 . • '1 • '. ' a I . . i • . . • . . • . • . • \ • • . i ' ; ' . • 1• i • BUILDING ZONE ORDNANCE . • , ••• , '• � : . , TOWN OFSOUTHOLD • t, . •. sUFFOL< COUNTY . . • • • r . • S ; ••,: ' ' N�. `l 24 1966 + 25c :' l,. ' r Q . '\ • - . , BULD!NG V ZONE ORD NANCE • tTowi, Cil Southold . Suffolk CountyNew York An ordinance classifying,,regulating and restricting the height, number of•stories, size of buildings and other structures, the percentage of lot that . may be occupied, the size of yards and other open spaces, the density of population. the location and use of buildings, structures and land [or trade, . industry, residence and other purposes, (provided that such regulations ' shall apply to and affect only such part of the town outside the limits of any . ' incorporated village), establishing the boundaries of districts for said pur- — • . poses so as to promote the health, safety, morals and general welfare of the • Town of Southold with reasonable consideration, among other things to the • most desirable use for which the land of each district may be adapted, the • peculiar suitability for particular use of a district, the conservation of prop- erty values and the-direction of building development in accordance with a well considered plan and also to establish penalties for violation of these • • regulations as prescribed by the statutes. • - . • TABLE OF CONTENTS . Short Title Section ' - ARTICLE I' - Definitions 100 ARTICLE II Districts 200 ARTICLE• III "A" Residential and Agricultural District 300 . ARTICLE. IIIA "M"' Multiple Residence District 350 ARTICLE IIIB 'M 1" Multiple Residence District 370 ARTICLE IV .• "B" Business District • 400 ARTICLE IVA "B-1" Business District .\ 420 . ARTICLE IVB "B-2" Business District . 410 ARTICLE V "C" Industrial District 500 . ARTICLE• VI Tourist Camps, Camp Cottages and Trailers ' 600 • ARTICLE VII Applications and Permits 700 ARTICLE VIII Board of Appeals ...., 500 • ARTICLE IX Amendments 930 • ARTICLE X General Provisions 1000 WHEREAS, all the matters and things required to be done by the Town Law of the State of New York in order that the Town Board of the Town of Southold, Suffolk County, State of New York, may avail itself of the powers • conferred by said law have been duly complied Ncith. NOW THEREFORE, the Town Board of the Town of Southold, Suf- folk County, State of New York, by virtue of the authority in it by law invested hereby ordains and enacts the following ordinance. SECTION 1—This ordinance shall be known and may be cited as "The Building Zone Ordinance of the Town of Southold, Suffolk County, New York." I I . . I 1 , ARTICLE 11—GA CAGE-:UBLIC—A bt ig incl ding any writing, letter, figure. • S:.CTION 100---Definictoi. -For the other than a private garage. used for symbol or mark painted upon or in- purpose of this Ordinance, certain housing or core of gasoline or other committed In the exterior surface of a terms and words are;herewith, defined power driven vehicles. or where such building or structure. as follows: vehicles are equipped for operation,re- 20—STORY That portion of a Words used In the present tense in- palrea or kept for remuneration, hire building Included between the surface clude the future, the singular number or sale. of any floor and the surface of the includes the plural and the plural the 12--11OTDL—A building occupied as floor next above It or if there be no singular, the word "building" includes the more or less temporary abiding floor above it, then the space between the word "structure", the word "lot" place of individuals who are lodging It and the ceiling next above It. includes the word "plot" and the word wills or without meals and In Which 21—STORY-FIALi—A story tinder a "shall"is mandatory rind not directory. there are more than len (10) rooms gable, hip or gambrel roof, the wail 1 — ACCESSORY BUILDING -- A usually occupied singly and no pro- plates of which, on at least two (2) building,subordinate to the main build- vision mode for cooking in any in- opposite exterior wails, are riot More inc on a loc and used for purposes dividuai apartment, than two (2) feet above the finished customarily incidental to those of the 12A — AUTOMOBILE SVI1LCIGING floor of such story, ostia Uuilding_ AND ALL OTHER JUNK YARDS— 22—STRUCTURE — Anything con- 2—AN ACRE -- An acre as applle- Land occupied or to be occupied for structed or erected, the use of which able to this Oidinance shall refer to the storage of old wood. paper, cloth requites a more or less permanent io- dic land exclusive of street areas. or metol, including old automobileS, cation on the soil, or attached to some- 3 — BOARDING AND TOURIST •trucks, equipment, machinery. fixtures thing having a permanent location on IIOUSES--A building other than a and appliances not usable as orlginnlly the soil. hotel where lodging, with or without designed: and also Including any por- 29—STRUCTURAL ALTERATIONS— meals, for five or more persons is tions of such old automobile trucks, Any chance in the supporting members furnished for compensation. equipment or machinery as are or may of a building, such as bearing walls, 4—BUILDING --- A structure having be sold as and for Junk or salvage. columns, beams or girricls. it roof supported by Walls and when 12—LOT—Lund occupied or to be oc- 23A—TOURIST COTTAGES -- A separated by a party wall without cupied by a building and Its accessory detached building having less than openings, it shall be deemed a separate buildings together With such open • three hundred fifty 0501 square feet building, spaces as are required under this Or- of cross section area, designed far or 5—BUILDING AREA -- The aggre- dinanot and having its principal front- occupied as living and sleeping quarters gate of the maximum horizontal cross age upon a public street or olilcially for seasonal occupancy. section area of the buildings on a lot,' approved place. 23B—TOURIST CAMP — Any lot, • excluding cornices, eaves, gutters or 14—LOT-CORNER — A lot situated piece or parcel of ground where two • chimneys projecting not more then at the junction of two (2) or more or more tents, tent houses, camp cot- eininecn as) Inches, steps, one (1) streets. tagcs, house cars or house trailers used story open porches, bay windows, not la—LOT-INTEISIOR — A lot other as living or sleeping quarters are or • extending through more than one (I) than a corner lot. may be located. said camp being aim-- story and not projecting more than 1G—LOT-TRl.OUGI1 — An interior cteri for or without compensation. five IS) feet, balconies and terraces. lot hating frontage on two (2) streets. 24—TARE) -- An open space on the G--IlUILDING HEIGFIT—The ver- 17—LOT LINES—Tile lines bound- same lot with it building. unoccupied tielc distance measured from the curb ing a lot as defined herein. and unoustrtteted front the ground uP- level to the highest point of the root 17A—MARINA OR BOAT BASIN— ward except as otherwise provided surface, if it fiat roof, to the deck lino Any premises containing one or more herein. of a mansard roof, and to tl•e mean piers,wharves, docks, bulkheads, build- •25--FRONT YARD — The required Itcir.hit level between caves nod ridges logs, slips, basins or l.tnd unser water open space extending along the street for it gable, hip or gambrel roof PRO-. designed, used or intended to be used 11rc of any street on which the lot VIDZ:D that chimneys, spires, towers, prininrily for the docking, mooring or abuts. elevieior penthouses, tanks snd similar accommodation of boats for campers- 2G—REAR YARD—The required open projections shall not be Included In sation, whither compensation Is paid space extending along the rear lot line tine iie.ight. For building set back from directly or indirectly. (not a street line) throughout the the street Elite and where no curb ex- ' 17B—•MOTEL—A building containing whole width of the lat. isle, the height may be measured from guest rooms or dwelling units each 27—SIDr YARD—Tie required open the nvernge elevation of the ground of which, or each pair of which has space extending along the side let lines sin rounding the building- a separate entrance leading directly from the front yard to the rear yard. 7—DWELLING—ONE FAMILY— A fr-otu the outside of the building. with 28---SIZE OF LOT-AREA—The area detnrlied building designed for or oc- garage or parking apace conveniently of a lot shall be the total area meas- • copied exclusively by one (13 family. located to each unit, and which Is ured Inside all of its boundaries. 0—t-tLYECLING•—TWO FAMrIILY--A designed, used or tnrcnded to be used detached) or semi-detached building pmmnrily for the accommodation of ARTICLE IC rle.iitnr(h for or occupied exclusively by motor vehicle transients. Districts two GI (ninnies. 10—NONCONVORMING USE — A Section 201I—USE DISTRICT —Dm/FLUNG — NULTIPLE -- A b.illding or,prein/ses occupied by a use arc MATIONS— boillEnc GULATIONS— bmld:nc or portion thereof designed thtt docs not conform with the regu- For the purpose of this Ordinance, fnr or occupied ns a bane for three (J) 1at:tins of the use district In which it the Town of Southold, outside of the or more families or households living Is situated. Incorpornted I/al.artes, i; hereby divided Inelrpenriently of each other. • 19—SETBACK—The minimum bol I- into seven 171 cbis:cs of districts which 9A—r'A,1rILi—One or more persons zoital distance between the street or seal: be desienaicd as follows: orciipt•ing isienuses az a single house- lot line (front, side.• or rear, AS the "A" 2PSrDI';ITIAL AND AGR.-- keelinn: unit. case may be) of the building or any CULTURAL DISTRICT-' 10—GARAGE-PRI\ATC--A building projection thereof, excluding steps. "M" 1rWLTII LE RESIDENCE writ for the storane cf one (1) or more op ne terraces. and bay windows no; DISTRrCTS i:aanlue or oilier power driven vehicles no/eating more than five l5) feet. ":,I-I" MULTIPLE I1ESID.:.NCE owned and used by the owner or ten- 19A—SIGN—A sign includes every DIS1T.ICTS ant of the lot on oilcd It is erected, kid of Billboard, sign board, device "p" BUSI::ESS DISTRICTS and foi' the storage of not excceatng or display. designed. arranged, Used or "B-I" BUSINESS DISTRICTS two (2) additional vihiclea (not trucks) lreended to be used to advertise, an- "n-2" 13CSINCSS DISTRICTS owned or used by ahers. nrunce, direct or otherwise Inform, "C"INDUSTRIAL DISTRICTS • SECTION 201 — The boundaries L square feet and a frontage of n. .chs than three (3) feet above the said districts arc hereby established not less than two hunurcd , ground and the upper edge of the • n5 shown upon the Building Zone Maps (20e) feet. Lien shall not extend more titan which accompany and which, meth all (a) Clubs. fraternity houses and fifteen (15) feet six (5) Inches above, noteilone, references and other matter Golf courses. the ground. If the promises has a ' . slinavtt thereon arc. hereby, declared (d) Stables and riding academies. frontage of less than five hundred ' to be part of this Ordinance, as if the • (c) I•'uncral homes and uttderLak- (500) feet, the sign shall have an arcs Inaticis and things set forth by said . lag establishments. ' of not more than twelve (13) square leap were nil fully described herein. CO Railway passenger stations. feet and the same restrictions shall • Si:CTION 202—No building shall bo (g) Public utility buildings, struc• apply •elected, altered or used, and no prem- tures or facilities. 10—Signs as provided In Section 40) ises shall be used for any other than a (h) Cemeteries and the necessary of this Ordinance when nuthort7ed n5 purpose permitted in the zone in which Incidental structures. a special exception by the hoard of ' such building or premises is located. (I) Marinas for the docking, Appeals as hereinafter provided. :1:(:PION 203 -- The bounder-lea mooring' or ecconumodaLlon of SECTION 301—"A" I11iIGl1T -- In hrlween dl;.11•Ir La are, intim otherwise slut Iiidiir Limit nl% (5) - LLri "A" 1Li'nlclrntlid fund AltrIeultliril Indicated. either carica lines. inllroad commercial boats. hletilet, no building, Iinrmt(L"r rruriril • rights-of-way or such lines extended G—Accersory buildings, Including ono or altered, shall exceed thirty-five (35) or lines parallel thereto or boundaries (1) private garage,when such accessory feet or three (3) stories. of subdivisions. Where figures are buildings ;are located in the rear yard. Except public or send-public build- shown on the zoning maps between a or a private garage within or attached Ings may be erected to a height not street and a district boundary lino, they to the dwelling. exceeding fifty (50) feet when set back indicate that the district boundary lino 7 -- Uses customarily incidental to ark additional six (G) Inches on all runs parallel to the street lino at a any or the above uses when located sides for each foot such buildings ex- distance as so Inatcated. when tho on the same lot and hot involving cecd the height of thlrty-five (35) feet, location of a district boundary line the conduct of a separate business. SECTION 303 .— "A" I3UILDING is not ortherwiso determined, it shall This shall be understood to include AILEA--In the "A" Residential and be determined by the scale of the map the professional office or studio of a Agricultural District, the total building measured from a given lino. Where the doctor, dentist. teacher, artist, arch!- arca shall not exceed twenty-five (25) street layout, actually on the ground, tett, engineer, musician, lawyer, mag- percent of the total lot area- vorirs from the street layout as shown (strata or practitioner of a similar ° SECTION'303—"A" SIZE OF LOT on than zoning mans. the designation character or rooms us-al for home AREA—In the "A" Resldcnitnl and shown on Limo mapped streets shall acrup:iLlon:1 Including clrc:,:auakinrf, Agrlcullurnl Dild.rlcl, no building hind' n;pnl)' in such a way ns to carry out millinery or similar handicrafts. 1'aLO- be elected or rtltered on a lot having the real intent and purposes of this VIDED that the o11'ice, studio or an area of less than twelve thousand ' Ordinance for the particular area in occupational rooms are located in'u five hundred (12.500) square feet and t` • question. dwelling in which the practitioner re- a frontage of less than one hundred SECTION 204 — Where a district sides and in a building accessory there- (100) feet, boundary line divides a lot in a single to, and PROVIDED further, no goods SECTION 304—"A"FRONT YARD-- owne •.hip at the time of passage of are publicly displayed on tho premises Ira the "A" Residential and A1•.ricul- • lido ('rrlirinnnt', the linnrd of Alai Is, nn.l un nry!n for ILO en,lin.nra•rat. it, uiiown Lurid i)IaLriel., the required frail. yard ur. 1.rrrmafinr provided, uuiy permit ratline thou n ribpa nut. Isiig,r Lim u I.wO rihnll im 1st bn".t Ihlrl.y-five, (:Ill) f•'.•L Me tuna restricted LIFO to extend to the (2) square feet in total area, bearing frena the xtretit line. . whole or any part of such let. only the name and occupation (words SECTION 305—Where property to • ARTICLE III only) of the practitioner. the vicinity is partly built up wait I3—The sale at retail of farm, garden permanent buildings and an average "A" Residential and Agricultural or nursery products produced or grown setback line of more or less than District on the premises or of animals raised thirty-hvo (35) feet has been estnb- SECTION 300—In the "A" Residen- on the premises. One Cl) advertising llshed, no buildings, hereafter erected tial and Agricultural District, no build- sign, either single or double faced, not or altered, shall project beyond the lag or premises shall be used and no larger than four (4) feet by six (a) lino of the average setback so estab- bu'Irling shall be hereafter erected or feet in size, advertising the sale of llshed. altered unless otherwise provided in farm, garden or nursery products pro- SECTION 305—In case of a corner this Ordinance, except for one (1) or duced or grown on the premises or lot of record at the time of L110 pas- more of the following uses: of animals raised on the premises. sage of this Ordinance, a front yard 1—One (1) family dwellings. 9—One (1) real estate sign, either shall be required; some to bo on a line 2—Churches, schools and libraries. single or double faced. not larger than with the average setback lines on bout 3—Non-commercial parks, play- three (3) feet by four (•I) feet in size streets produced to a paint of inter- on any one (1) or more lots,advertising section and if no average setback has grounds. athletic fields, bathing beach- the sale or lease of only the premises been established then 'a front yard, es, bathhouses or boathouses. on which it is maintained and set back thirty-five (3f') feet deep, shall be re- . 4—Agricultural farms, poultry farina, not less than tho required front yard tyuired on each street front, or may be nurseries, greenhouses and truck gar- distance and hot less Clan Len (10) decreased as n special exception by the demo; (dces not include farms for feet from each side line. Board of Appeals as hereinafter the breeding or raising of ducks). When the advertising sign is for the provided. • 5—;tae following uses when author- purpose o: the sale or lease of acreage, SECTION 307—"A" SIDE YARDS— lxed as a special exception by the or the sale of lots in a subdivision. In the "A" Residential and Agrlcul- Lonrd of Appeals as hereinafter pro- one (1) real estate sign, claimer single Lural District, there shall be,two (2) vicied: or double faced, not exceeding twenty- side yards. one (1) on each side of (a) The conversion of any build- four (21) square feet win be permitted the buildings, the total eggregate of ing in existence at the effective on each five hundred (5001 feet to ono both adios alkali be twenty-five (36) date hereof to a two family thousand (1000) feet of frontage on feet and no one (L) side yard shall be atvuliing. the highway or highways on which the less than ten (10) feet. (b) The erection or construction property fronts, PROVIDED said sign PROVIDED that, in the case of a of a two family dwelling pro- is set bae.t not less than the front lot held in single and separate owner- vicied that the lot shall have yard restrictions required and not less ship at the effective date of this an arca of not less than than ten (10) :cat from each side line, Ordinance, of a width less than one twenty-five thousand (25,000) 'rho lower edge o: Cho sign Shah be hundred (100) teat and of an area less y d) ethan twelve thousand fl aundred exception by the Board of Appear, as mum provision for oR-street parking (12,500) feet, a single family dwelling hereinafter provided.) shall be made as follows: : may be built thereon with side yards 4—Tourist camps, when authorized (a) Dwellings — One (1) parking • reduced fifty (50) percent and may be as a special exception by the Board o: space for each family unit. farther reduced when authorized as a Appeals as hereinafter provided. (b) Hotels, boarding and tourist special exception by Lisa Board of ii—Marinas for the docking, mooring houses — One (1) parking space for Appeals as hereinafter provided. or accommodation of non-commercial each.twe (2) guest rooms. SECTION 300--"A" REAR YARD— boats when authorized as a special ex- (c) Motels and Tourist Cottages -- __ ____ :n the "A" Residential end Agricul- minion by the Board of Appeals as One (I) parking space for each guest Lural District, there shall be a rear hereinafter provided. room or dwelling unit. yard having a min:meas depth of 6—Accessory uses of the sante lot twenty-five (25) feet. with and customarily incidental to any Multiple SECTION dente DistrictGtiS—Ithe "1I- ' 1':tiOVIDED that, in case of a lot permitted use and not involving the ingsigns are permi the follow- ' held in single and separate ownership conduct of a separate business. 1--Siena permitted 1n an "A" Rest- at the effective date of this Ordinance, SECTION 351—:IEIGIIT-- In the dentlal and Agricultural District_ having a total depth of less than one ••A:" Multiple Residence District, no 2—On premises used for hotel,motel, ' hundred (100) feet, a single family building hereinafter erected or altered boarding and tourist house purposes, dwelling may be built thereon with a shall exceed thirty-five (35) feet or unless otherwise provided as a special '• rear yard of less then twenty-five (25) three (3) stories In height, exception by the Board of Appeals i-s feet, when authorized as a special ex- SECTION 352—BUILDING AREA— hereinafter provided, one (1) advcrtis- ecption by the Board of Appeals as hereinafter provided and PROVIDED In the"M"Multiple Residence District, Ing sign, either single or double faced, further that In no case shall the rear the total building area shall not exceed not exceeding fifty (50) square feet in yard be less than fifteen (15) feet. fifty (50) percent of the lot, area. area, the lower edge of which shall be SECTION 309 --- "A" ACCESSORY SECTION 353 — SIZE O: LOT not less than four (4) feet above the BUILDINGS—In the "A"Residential AREA—In the "M" Multiple Rest- ground, and :he upper edge of which and Agricultural District, accessory deuce District, no liu:iding shall be scall not exceed more than thirty-live buildings may occupy forty (40) per- erected or altered on a lot having an (33) feet above the ground. Such ilia cent of the required rear yard up to area of less than twelve thousand five s,satl advertise only rite business Con- an average height of eighteen (10) feet. hundred (12.500) square feet and a ducted on the premises,and shell be set The yard area allowed by such ae- ..frontage of less than one hundred back not less than five (5) feet from cessory buildings shall be Included in (100) feet, all street and property linea. computing the percentage of lot area SECTION 354 —IrRONT YARD -- .ULTICLC III II , to be built upon and PROVIDED In the"M" Multiple Residence District, "31-i" meltable Rtcidti,cc District further that no building of any kind the required front yard shall be not SECTION 370—In the"hi-1"Multiple or nature shall be built within three less then thirty (30) feet. Res.dcnee District, no building or (3) feet of any lot Iine. T SECT ON 355—Where the property peemises shall be used, end no bund- SECTION 310 — Orr-STREET in the vicinity is partly built up with in shall be hereafter erectee or altered FARu.ING AREA—In "A" Resides- permanent buildings and an average provided In this Or- tire" and Agricultural Districts, no setback line has been established, no dinnisce except for one (1) or store of • building shall be hereafter erected or building hereinafter erected or altered rill or added to In excess of fifty shallline the following uses: r project beyond the of the 1,—,ti[ permitted uses In "A" Hesi- (SD) percent of its area prior to the averaee setback so established. dentin! and Agricultural Districts_ ,A'9 " ndoplion of this Ordinance, unless not SECTION 256 — 7n the case of a 2—Dwellings designed for and oc- less than one (1) •paridng space for corner lot of record at the time of the cupled by not more than four (4) v \} each Iarsil.e Unit therein shall be pro- adoption of this Ordinance, a front Intnlltes. vided for. For all places of public as- yard shall be required.Where an aver- 3—Boarding and tourist houses. senibly including auditoriums, churches age setback lane has been established 4—Accessory uses on the same lot and sandier public gathering places on each street, the yard depth shall with and customarily Incidental to any erected there shall be provided not be established on a line with said permitted uses and not Involving a Iees than one (1) parking space for average setback lines Pro)ccted to a separate business- each seven (7) 'permanent seats In point of intersection. X: no average SECTION 3:1—All premises in the such buildings or for each part of the setback lines have been established, the total area within such building or required front yard shall not be less .'M-1"Multiplt Residence District shall structure as is or may be made avail- then thirty-five (35) feet from each comply with the provisions of Artlht, able for seven (7) permanent or street line unless decreased as a special IIIA with respect to building height, teinlsorary seats. The formula for pro- exception by the Board of Appeals as ybard,ng arca, size of lot area, front lading an adequate parking area la hereinafter provided. Yard, side yards, rear yard, oR-street an area of three hundred thirty-four SECTION 357—SIDE YARDS -- narking Parking; area and signs. (334) square feet.per required motor the "h1" Multiple Residence District, ARTICLE IV vehicle unit. • there shall be two (2) side yards, one "B" Business District ARTICLE EfiIA (I) on each side of the buildings, the - total agereeate of both side yards shall SECTION 400—Is the "B" Business "al" Mullane Residence District be twenty-five (25) feet and no one D,strict, no building or premises shall SECTION 350—In the "M" Multiple (I) side yard shall be less than ten be used, and no building shall be here- Residence District. no building or prem- (10) feet. after erected or altered unless ether- ises shah be used, and no building shall SECTION 35C—REAR. YARD — In wise provided in this Ordinance, except be hereafter erected or altered unless the "M" Multiple Residence District for one (1) or mare of the following otherwise provided in this ordinance there shall be a rear yard having a uses: , except for one (1) or more of the fol- minimum depth of twenty-five (25) 1—M1 Permitted uses in the "A" lowing uses: feet. lacsidentlal ' and Agricultural, "M" 1—All permitted uses In "A" Resi- SECTION 359 — OFF-STREET Multiple Residence, "M-l" MultipleL a rnl;al and Agricultural and "M-I" , PARI:ING ARCA -- In the ,"M" Residence, "n-I" Business and "13-2" Multiple Residence Districts. Multiple Residence District, no build- DU51reSSDistricts. , 2—Rotas and motels. lag shall be hereafter erected or altered 2—Storage houses_ a--Tourist cottages.' (More than ono or added to tri excess of fifty (50) 3—Ice manufacturers. Ii) Tourist Cottage may be permitted percent of its area peter to the adop- 4—Express'carting or hauling Offices on a lot when authorized as a special Lion of this O:dii:.ince, unless a mini- or stations. 5—Yards for storage and sale of foes dwelling, there shall be a rear yard . SECTION 409—"B" SIZE O. LOT and building materials. having a minimum depth of fifteen AREA—In the •'B" Business District, G—Prin:ti ng plants. (15) feet. PROVIDED further that,in no building shall be erecters or altered 7—Bookbinding plants. the case such building is over forty (40) on a lot having an area of less than 8—Laundry, dry clearung and dyeing feet high. the depth of :he rear yard seventy-five hundred (1.500) square plants. shall be increased five (5) feet for feet nnci a frontage of less than fifty 9—Creamery, butter and cheese mak- each ten (10) feet or fraction thereof (50) feet. • ing and milk bottling and distributing which the building exceeds forty (40) SECTION 410 — OFF-STREET plants. + e' feet in height. pAniXING AREA — In "B" Business la—Carpenter shops. SECTION 407 — ".:" Dd.`SIrit OP District, no building shall be hereafter 11—Plumbing shops. POPULATION--In the '•B" Business erected, or altered or added to in ee- 12—Blacksmith shops. j District, no building shall hereafter be cess of fifty (50) percent of its area 13—Electrician shops_ • erected or altered to accommodate or prior to the adoption of this Ordinance, 14---Upholsterer she � 15—Tinsmith saops.� make provisions for more than twenty unless a minimum provision for off- ' shops. (20) families on one (1) acre of ground street parking shall be made as follows: • or more than a proportional number of (a) Hospitals — One (1) parking ]7—aficitnas, commercial docks, com- families on a fractional part of any space for every four (4) beds. mercinl fuel docks and piers. acre of land, based on the require- (b) Theatres and Restaurants—Otto 1C—Ferry docks and ferry houses, meats as outlined above. i9—Boat yards, boat storage yards (1) parking space for every seven (7) anti boat storage basins. SECTION 4013 -- SIGNS — Unless scats. otherwise authorized as a spceial•cx- 20—Any manufacturing, fabricating, (c) Dwellings -- One (1) parking ception by the Board of Appeals as treating, converting, finishing, altering space for every dwelling unit. or assembling, (d) Hotels—One (1) parking space bling, in connection with the hereinafter provided, the following • aforesaid permitted uses and which signs are permitted In a "B" Business District: fol every two (2) rooms. - is a necessary incident and accessory (a) DETACHED OR GROUND (e) All places of public assembly -• to the preparationof articles to be sold SISIGNS — One (1) sign, single or such as audttortums, churches and for pelma l y on thehe premises or• to the similar uses — One (1) parking space performing of a service primarily for double faced, no: more than six (G) residents of the neighborhood. feet six (G) inches in height and,twelve for each seven (7) permanent seats or 2I—Accessory use on the same lot (13) feet six (G) inches In width, the an area equivalent to seven (7) perm- 21—Accessory ani customarily Incidental to any lower edge of which shall be not less anent scats. of the above permitted uses. than three (3) feet above the ground (f) All structures where offices or ^_2—gibe stripping of land to secure and the upper edge of which shall not living quarters are provided over the satisfactory top soil for grading or extend more than fifteen (15) feet first floor, nn additional space shall be other purposes !s permitted, provided (G) iiicncs above the ground, which provided for each orrice or for each • ntntrrial so obtained Is used on the sign shall be set back not less than dwelling unit: immediate permises. If a building is five (5) feet from ril street and Prop- (g) All other business buildings be,ng constructed or altered material erty lines and shall advertise only the where the ground floor area Is in ex- excavated in connection with such business conducted on the premises. cess of two thousand live hundred construction or grading on the pram- (b) WALL SIGNS—One (1) sign at- (2,500) square feet — One (1) parking ices may be sold however. Cement tached to or incorporated in each space for each two hundred (2031 block manufacturing, end natural pro- building wall on a public street and square feet of building ores or frac- duction uses such as the excavation for advertising only the business conduct- tion thereof In excess of Iwo thousand sale of sand, gravel, clay, shale or ed to such building, provided such sign five hundred (2.500) square feet. ' ' other natural mineral deposit are per- does not: The formula for providing nn ode- milted only as a special exception by 1 — Exceed two (2) square feet In quate parking area is an area of three the Board of Appeals, total area for each horizontal foot of hundred thirty-four (334) square feet SECTION S01 No building may be such wall, and. • per required motor vehicle unit. erected. altered, or used, and no lot or 2 — Exceed In width one hundred .IRTICL>ti IY A premises except far agriculture may be (100) percent of the hor zontal mea_s- usca for any trade,Industry or business uremcnt of such wall. "a-i" Business District that has been adjudicated a public 3—Exceed ten(10)fees in height, andSUCTION 420—In the "B-i" Dusi- nnisance by a court of record. 4—Exceed fifteen (1.;) feet six (G) gess District, no building or premises SECTION 402—"B"HEIGHT—In the inches from ground level to the upper shall be used and no building shall be "13" Business District, no building edge of sign, and hereafter erected or altered unless hereafter erected or altered shall ex- 5—Project more than ore (1) foot otherwise provided in this Ordinances end fifty (50) feet, from such wall. • except for one (1) or there of the SECTION 403 — "B": BUILDING Cc) ROOF SIGNS—In lieu of a wall :ollowrng uses: • AREA—In the "B" Business District, sign authorized by the preceding sub- 1. Al] permitted uses in the"A"I10si- no building shall be erected or altered division (b), a roof sign shall be ren'_ial and Agricultural.seg the Multiple used in whole or in part ns a dwell- permitted provided the same is at- • bigto exceed seventy (70) percent of tailed to or incorporated in a roof, i esidenee, "Rf-1" �t111'Ip1e Residence and "E the Int are which sign shall advertise only the Business Districts. SECTION 404--"E" FRONT YARD— business conducted in the building 2. The following, uses when nether- Inn ilia "3" Business District, the re- Cupon which it Is attached, and pro- 1zed as a special, exception by the quired front yard shall be at least vii:cd that such sign does not: Baird of Appeals as hereinafter pro- mem y-five (25) feet. 1—Exceed two (2) squal'c feet in. vided: SECTION 403—Where property in total area for each lineal foot of such ' a. Places of amusement. the vicinity is partly built up with roof, and b. Public garages- peruiaricnt buildings and an average 2—Extend above the highest point e. Gasoline service sta tiers. setback lune has been established, no of the roof in the case of a pitched burld.in;s ncreaf:er erected or altered roof, and In all other cases exceed d. New and used car lots. shall project beyond the line of the two (2) feet six (G) inches in height e. Fishing stations. average setback so established. above the highest paint of the roof, 3. Accessary uses cn the same 1st SECTION 40G—"B" PEAR YARD— and with and customarily incidental to any In the"1Z"Business District,If a build• 2—Project beyond the edge of the 7:::n:ttca uses and not involving a ins is used in wino:e or in part es a roof. • sopa;ate business. SECTION 4.l—Ail prep in the pack line has been cstabliahc no 27--Sulphuric, nitric or hydrochloric "II-I" tus.ness :.strict s.. . comply llul;dtr.Cs shall prialect beyond the line acid nt.uru[acture, whit Inc provisions of Article IV with of the average sctuacr_so established. 30—Sunar refining. respect to banding height, building 4. The icqurred side yards shall be 39—Tar di-saltation or manufacture. ;.rani front yard. rear yard, density of not less than twenty-five (25) feet. 40—Tar roofing or waterproofing population, signs, size of lot area and 5. The required rear yard shall be manufacture. , • ' o.:-street ptr,:in3 area, not less than twenty-five (25) feet. 41--Tallow, grease or lard nlanu- ARTICLE IV 13 G. Parking snail be provided iii facture. offaireet paved perking areas which 42—Tanning, curing or storage of "11.4" )I4suiess Diatrict shill provide for one (1) parking,pace. rawhides or skins. Si:C.T'IOfr' 44G—In the "13-2" Bast- three hundred thirty-four (334) square 43 Tobacco (chewing) manufacture iacs.: District, no building or premises fect in area, for each one hundred or treatment, shall be used and no budding shall be (100) square fees of sales floor arca or 44—Vinegar manufacture. hereafter erected or altered unless office floor area in each building. 45—Yeast plant. otherwise provided la this Ordinance, 7. All rainfall and storms watcr SECTION 501—"C" REAR YARD-- except for one (I) or more of the lot- accumulated on the promises shall be In the "C" Industrial District. I1 a "towing uses: returned to the ground within this building la used in whole or In part as 3. All permuted uses In Lhe "A" bouruai'ics of the premises, a awaiting, there shall be a rear yard 1:esicienLia1 and Agricultural. •'M" haying a minlinura depth of fifty (50) ai,iitiplc Residence and "\i-a•i\aldple ARTICLE V feet. Bt;icie1Ice Districts. "C" Industrial District SECTION 502—SIGNS—The provi- R.Cut: (l) mitt two (2) tonally dwelt- SECTION 500—In the "C" Industrial sions of Article XV, Section 409 of this MIA prOvlded that such dwellings cpm- Districts, an buildings and premises Ordinance shall apply to signs in a ply with the provisions,of Sections 301 may be used for any use except that "C" Industrial District, , to 300, inclusive, of this Ordinance. the following uses may be permitted SECTION 503—"C" FRONTYARD- 3. Multiple dwellings. only as a special exception by the In the "C" Industrial District, the 4. hospitals. Board of Appeals as hereinafter sen required franc yard shall be at toast 5. Climes. forth: thirty (30) feet, provided further that 6. Nursing Iiomes. 1--Abattoirs. • where property Is bounded on any side 7. ()Macs, 2--Acetylene gas manufacture or gas by a railroad right-of-way or on a rear 6. snits and financial tastitulicns. ' manufacture from coal,coke,petroleum line by a railroad right-of-way, there 9. Retail stores. or from any other product or the star- shall be a setback along the entire 10.Restaurants. age thereof. length of such railroad right-of-tial II. Bake shops (for on-premises 3—Acid manufacture. or private right-of-way of at least sales). 4—Ammonia, bleaching powder or thirty 130) feet. 12. Laundromats and similar esrab- chlorine manufacture, SEC.TON 504—"C" SZ E OF LOT fish:ienls. 5—Arsenal, ' AREA—In the "C" Industrial Dis- 13. Tailors', dry cleaners' and mil- G—Asphalt ria nuea=tune. tract, no building shall be erected or liners' shops. 7-3last furnace, • altered on a lot having an area of less 14. Shoe repair shops. 0—Cement, linie, gypsum or plaster than twelve thousand five hundred 35. .luwelers', optician?, watch and of pane inainifacturc. (12,5n0) aquerc fret and n (rntiinre of r•1,,,•k :avow and r.lnlllur ',ambit/41111r•nls, ll—Cake ,,vena, It••.'. I1nn rile hundred (to01 re,.i. . 3d, at:Halms for 1110 docking,Liuuring 10—Crnu,:,Lorlee, Si•:C't'ION runs — OFF-S'L'111:I:T rind accommodation of non-coninlerclal 11—Dh.;t,h2 tion of bones. I'ArLKING AREA—In the "C" In- boats, including the sale of fuel and 12—Dwellings, all types. dustrial District, no building shall be oil primarily for the use of boats ac- 13—ExplosIves, manufacture or star- hereafter erected or altered or added emnnhodated in such marina. age. to in excess of fifty (50) percent of its 37. Loire's, chapter houses and clubs_ • 14—Fat rendering. area prior to the adoption of flits Or- 10. Accessory uses on the same lot 15—rertrihzer manufacture. can-mice, unless a minimum provt,ion with and cnslomarily incidental to any 10—Fire worts manufacture. for off-street parking shall be made ris permitted uses and Iot involving a 17—Garbage, of:al or dead animals, follows: .' separate business. reduction or dumprn;. (a) A11 buildings where the ground Si.CT:ON 441—All premises in the 18—Glue, size or gelatin manufacture. floor area is Lwo thousand five hundred "711-2" Ilusine.s District shall comply 19—Gunpowder manufacture or star. (2,500) square feet -- One (1) parkml; with the provisions of Article IV 'villa age. space for each two hundred (200) rnspecr 10 building height, building IDA—Autornob.)c wrecbiag and all square feet of building area or fraction arca, front yard, rear yard, density of other junk yards. thereof In excess of two thousand five population, stens, size of lot area and 20—Oilcloth or linoleum manufacture. hundred (2,500) square feet. , of-r•hrcet parking arena 21-011ee, rubber or leather menu- (b► All places of public assembly— S.ECTION 442—Notwithstanding any facture. One (1) parking space for each seven . i purr provisions of this article, a build- 22—Ore reduction. (71 Permanent seats or an area cqulva- nr: or is combination of buildings con- 23—Paint, oil, shellac, turpentine or lent to seven (7) permanent seats. t.'mhrne retail stores, mercantile estab- varnish manufacture, (c) All structures where offices are :inhalants, offices. banks, and financial 24—?aper and pulp manufacture. provided over the first floor—an ad- ;nki(tul,ons, commonly know as shop- 25—Petroleum ref;n:no, ditienal parking space shall be pro- pain renters, may be erected or altered 2G—Potash works. vidcd for each office_ in the "D-5" Business District. subject, 27—;..oiling mill. The formula for providing an ade- however, to the following require:m nts. 20---Rubber or gutta percha manu- ((uate parking area is an area of three I, The lot arca shall be not less than facture. hundred thirty-four (334) square feet one i1) nem 20—Salt works. per required motor vehicle unit. , 2. _IL Irast twenty-five (25) per cent 30—Sauerkraut manufacture. ARTICLE VI of the lot area shall be landscaped with 3I—Shoe blacking or stove polish ;rise and plantings. manufacture. Tourist Camps, Camp Collages • , -, 3. The r^,hired front yards shall be 32—Smelting, and Trailers not less than twenty-five (25) feet 33—Soap manufacture. SCC'I'IOi G00 -- 2ERII ITS i E- c'cept that where the property in the 34—Stockyards or slaughter houses, QuirtrD—tio tourist comp shall be v;cir,ty is partly built up with per- 35—Stone mill or quarry. ostablished, maintained or operated in r,i aneiht Ina aings and an average set- 3G—Structu al steel or pipe works, ory district, nor shall any tent, Lent- , -a La • house, camp-cottage, house-car. written request from the owicr or cc- 1 That the safety, the health. Lhe trailer, to be used or occupied as a cud,-.nt, the Building Ti:s;.cc:or shall welfare, the comfort, the convenience • dace for laving. sleeping or eating, issue a Certificate oe Occupancy for or the order or the Town will not be ,whether charge is or is not mane, be any existing lawful Lse and occupancy adversely affected by the proposed use d Its location; and erected or placed therein, unless au- of a building or premises. an • • .thorseed by the Town Board pursuant SECTION 704—M1 permit fees and (4) That the use will be in harmony to the provisions of the Trader Camp fees for certificates of occupancy shall with and promote the general purposes Ordinance dated June 30. 1053- • be established by the Town Board. and Intent of this Ordinance- SECTION 001 -- AU'TOMOBILE SECTION 705—i''or each application (in In making such determination.TRAILERTAILER OR IIOUSE CAR—Not- or Appeal to the Board of Appeals as the Board of Appeals shall also give witnstandiisg any other provisions of hereinafter provided. there shall be a consideration,anon;other things,to-- this Ordinance, a single automobile fee of five dollars (55.00) accompany- (I) The charoeter of the existing trailer or house car may be located my the application or appeal. slid probable development of uses in outside a tourist camp only when au- SECTION 700—All permits shall ex- the district and the peculiar suitability ' Charmed by the Town Board, and sub- pine in one (1) year of issuance thereof, o1 such district for the location of any ject to such conditions as may be pre- the renewal fee to be one half ('/s) of such permissive uses; scribed by the Town Board. • the original fee. (2) The conservation of property SECTION 004—Article VI shall not SECTION 707— For each prop used' values) e envaof the be deemed to apply to the temporary change of the Ordinance or change of most appropriate andthele uses of mad; or seasonal camp of any unit of the the Zoning Map ns provided by Section Boy Scouts of America or the Girl 002 of Article IX of this Ordinance, (3) The effect that the localloit of the Scouts of America or other such or- there shall be a fee of twenty-livu dol- proposed use may have upon the crea- ganizations under the leadership pro- lays (S25.00) accompanying Lhe petition. Lion of undue Increase or vehicular ended by said organizations respec- traffic congestion on public streets or All-VELE Vela highways;lively. - • ARTICLE VII board of Apncais • (4) The avalliabilily of adequate and Applications and Permits SECTION 80) — The Town Board proper public or private facilities for SECTION 700—It shall be the duty shall appoint a Board o: Appeals con- the treatment, removal or discharge of the Building Inspector, or such per- slsting of five .5) members as provided of sewage, refuse, o; other effluent • son as designated by the Town Board, by the Town Law. (whether liquid,solid,gaseous or other- i and he is hereby given the power and SECTION BHA—The Board of Ap- wise) that may be caused or created authority to enforce the provisions of peals may, in s specific case after pus- by or as a result of the use; this Ordinance. lie notice and hearing, and subject to (5) Whether the use, or materials • SECTION 701—The Building Inspec- appropriate conditions and safeguards. incioentnl thereto, or produced there• Lot- shall require that the application determ.ne ani vary the appllcauon of by, may give off obnoxious gases,odors, for a building permit and the accom- the regulation: herein established in smoke or soot; parrying plot plan shall contain all the harmony weal their general purpose (0) Whether the use will cause dis- information necessary to enable him and intent as :allows: tubing emissions of electrical chs- to ascertain whether the proposed B. VARTANnE POWERS. (MAT- charges, dust, light, vnbration or noise: building complies with the provisions TERS OF APPEAL TO Tier. BOARD (7) Whether the operations In pur- of Ibis Ordinance. OF APPEALS). • s,uance of the use ulil cause undue SieCTION 702—No building permit Where titers are practical difticul- interference whit the ordeily enjoy- shall be Issued until the Building In- ties or unnecessary hardships in the ment by the public of parking or of specter has certified that the proposed way of carryng out the strict letter of recreational facilities, if existing, or if • building or addition complies with all these regulations, the Board of Appeals proposed by the Town or by other, • the provisions of this Ordinance, shall have the power to very or modify competent Governmental agency; SLCTION 703—No building shall be the application of such regulations so (0) To the necessiti' for bituminous erected or added to until a permit • that the spirit of the Ordinance shall surfaced space for purposes of ofI- thcrefor hes been issued by the Build- be observed. public safety and welfare street park n's or vehicles ine:.ienLal inn Inspector, secured and sub.tantial jusLiee done- to the use, and whether such space is SECTION 703A—A permit will be C.SPECCAL POWERS AND RULES. reasonably adequate and appropriate required prior to the erection of or (ILA:,'TERS On ORIGINAL JURIS- ' and can be furnished by the owner addition to all signs except signs per- DICTION AND BY APPLICATION of the plot sought to be used wltinn nutted by Article III, Section 300,para- TO TIIE BOAR;) 0? APPEALS). or adjacent to Lhe plot wherein the graphs 8, 9 and 10 of this Ordinance. (1) Whenever a :Ise, or the location use shall be had; Metal identification tags.serially num- :hereof, is perntatea only if the Board to whether n harard to life, limb • bered shall be affixed by the Building of Appeals shall approve thereof, the or property because of fire, flood, Inspector to all signs for which n per-. Board of Appeals :nay, in a specific erosion or panic may be created by mit is required, case and after nonce and public hear- reason or as a result of the use, or SECTION 703B—CERTIFICATE OF • ing, authorise such l ermissive use and by the structures to be used therefor, OCCUPANCY--fa) It shall be un its location within tl.c district in which ' or by the Inaccessibility of the prop- lawful to use or permit the use of one'' this oroinance speclass the percussive arty or structures thereon for the con- building or premises or part thereof, use may be located, subject, however to eminent entry and operation of fire and hci:atter created, erected, changed, the following; other emergency apparatus or by the eoittertcd or enlarged wholly or partly, (a) Before such approval shall be undue concentration nr assemblage of in its use or structure until a Cerli- given, the Board of Appeals shall dc- persons upon such plot; • f,cate of Occupancy shall have been termines (10) Whether the use, or the struc- i«ucd by the Budding Inspector. Such (1) That the use tial not prevent tures to be used therefor, will cause Certificate shall indicate that such the orderly and reasca ble use of ad- an overcrowding of lend or undue con- building or premises or part thereof jacent properties or o: properties in centratinn of population; and the proposed use thereof are In adjacent use districts: • (11) Whether the plot area Is suf- con:ormity with the provisions of this (2) That the use w:l not prevent ficient, appropriate and adequate for ordinance. Co) Under such rules and the orderly and reason:3:e use of per- the use and the reasonably nnticipatsd regulations ns may be established by nutted or legally est:nein:ted uses In operation and expansion thereof; and ` the rnard of Appeals, a temporary the district wherein the proposed use Is (12) Whether the use to be operated Corlifli•ui(' of Oreiipaury for a part of to be located or of permitted or legally Is ur,rensonably near to a church. any noildinn a'prcnilaw may be Issued esiabil;had uses in ad;tce;tt use dig- school, theatre, recreational arcs or by the Building Inspector. :c) Upon trtcts; other place of public assembly. • 1 -- --- - - -- ------ 0 • (e) The Board of Appc, sial:, in so a:Tee:cd with their rcc:::.nsenda- SZCTION 1001 -- Notwithstanding authorizing such permissive uses, 1m- Lions. any other provisions of .Lists Ordi- • rose suele conditions anti safeguards as SECTIO` 002—In case., however, o: nonce, all automobile or other lune is may c sent epprop.-idle, necessary or a protest against such change, signed yards in existence at the eirecllve cc:ir.;. to preserve and protect the by ;lie owners of twenty (20) percent dab of this Ordinance shall within sprit slid objectives of this Ordinance. or more, either of the area of lunch three (3) years from such dale Provide(2) — 'Vhen. in its Judgment. tiro includein such proposed change, or st..lable screening 1n the form of fene- puhl.c convenience and welfare and of that immediately adjacent thereto, lag or hedges completely around the ju:a.ce will be substantially served, and eslenciine one hundred (Z00) fee; periphery of the area used fur such provided that the legally cstnblished or therefrom, or of that directly opposite purposes, and the type of fencing and p crm,tteti use of neighborhood ptoperty thereto, extending one hundred 00J) hedges shall be subject to the approval and Adjacent use districts wlil not be tett from the street :rou•al l of such of the Bo u'd of Appeals, substantially or permanently Injured, opposite laird, such amens;:crit shell the Board of Appeals may, after public not become c beetive exce;it by the Si`•CTION 1002 — No(hwiLhstanding notice and hearing and subject to rip- favorable Vote of t asst tour (6) soy other provisions of this Ordinance, propriate conditions and safeguards asanv sign In existence at the effective members of the Towa Board. date o: this Ordinance which does not pcnrecd, authorize the granting of a' SECTION 903--At a public hearing conform to the provisions of this Ordl- pc:n:tt. full opportunity hence,shall within five (5) years from (n) Where a district boundary line DDortun:t to to lsea:d shall be given to any citizen and all parties in such date be discontinued unless Its ciivlcics a lo: which is proved to the interest, continuance is authorized as a special sstisfactlon of Ilio Board of Appeals to Board of Appeals as ' ;care been in single and separate own- AG ICIal ae hereinbefore exception by the theproBoa • ca-ship atthe effective date of this Or- General ::[visions ded. dmence, and the total area of which SECTION 1000—In a Residential and SICTION 1003—Tile P1annlnif Board lot has not been diminished or lncreas- Agricultural District sheet a lot nbuts shall study the application of t2119 Or- , ed since such date, the loss restricted on a parkway, the lot shall be coil- dalance and shall, from time to time, ore may be adjusted to extend to the sidercd to front and have a front y:-irdrecommend to the Town Board such whole or any part of such lot but not on the street and also an the parkway changes in the Ordinance and in the snore than fifty (50) feet beyond the and where the build;r.; accords with couiiclaries of the various districts as boundary line of the use district in this section, a private accessory garage it shall decal advisable to further pro- vhich said lot is located, may be incorporated :n the building or mote the health, safety, morals or the Us) If the less restricted use shall attached thereto regatalass o: distance general welfare of the community. be extended ten (10) feet or more frog,; streets. within a residential use district, a SECTION 1003A -- All labor crimps permanent open space fora rear and SECTION 1000A — Na lot shrill be ;.:here provision is made for the lious- aidie yard of not less than Leri (10) sold, divided, or set VI 1a such a wase- ii.0 and feeding of trihsient help re- fect shall be provided for and main- r,cr LLat c.tl:crr rile c-:.on Calu, d:- ,ai.illess of the number to be nccoin- vided, or set Q . or the poi non re- maniated, shall first meet all require- mamma shall have art area and/or tended. Also in such event, if the less - t lents of existing law. Perm labor restr,nted use be extended more than open spaces of less than:het prcautocd camps on farms shall not be located by this ordinance for :lac disealc: in nearer no any other residence than to ten (IO) feet, the said minimum rent which said lot is toca;e and side yards shall be Increased by _ the residence of the employer except one (1) foot for each additional ten SEL .ION 1000.—Na dv:c::Inc shall as a special exception by the Board (101 feet of such extension. hereafter be erected or anti:ed In any o; Appeals. Tie location of any other •SI OTION 002—Tie Board of Appeals d•`trict unless p:ovi3lore,hart La mecie )Tibor camp or camps not on farms:hall shrill mance rules as to the manner of therein for not less than eight hun- be siioject to the approval or the Zon- . • fi;in;( appeals or applications for spec- drag and fifty (Sow ;q a.c feet of leg hoard of Appeals. sal exceptions or variances. sPace within the eale:ear of the ST:CT:ON 303--Upon the filing with foundation walls at griund level cx- SECTION I009—In any district, no the Board of Appeals of an appeal or elusive oe a garage, carport, carpark, Public Garage for more than three 0) of an application for special exception open porch, or terraces, or other ex- motor vehicles and no gasoline vending or variance, the Board of Appeals shall tensions outside the b,iy of the house. s:a:iris shall Inc erected or altered and :i\a time and place for a public hear- Provided. howeve:, teat flay per tent u_ecl within two hundred (200) feet of ing thereon and shall give notice there- (50 0) of the habiva:e area of the any premises used for a public school, o: az follows: ' second story may be used and applied public library, church, hospital or (a) Dy publishing a notice thereof to the arca requircments o: the first orphanage. in accordance with tile Town Law. GO'' • t5l� ndine anything herein- SBCT".ON 1C05—PUiBhlC PATHS:NG heaTICLE XX Abovetothecontrary the area of the PLACE'S — No public parking p:aco Aalira nt C ,Cnt9 second ;Icor shall be Incls.led In corn- shall be conducted in any district ex- SECTION 500 -- The Town Board puling the area cf the total habitable cep; as a special exceptlon by the neon its own, motion or by petition area when the L:flslied floor of the ioard cf Appeals. m,-.)•, from time to time, amend, sup- second story has a clear headroom. 01 SECTION 1005—No wall, fence, or p r:iie:it, change, modify or repeal this not less than seven and o:e-half (:li) either structure and no bulge, tree, Ordinance including the Zoning \lap, feet with knee veils of not leas than s..:ub or oilier trowth shall be erected, by Prorccciiing in the following manner; five 15) feet and weer. the second story altered or maintained on any corner lot SECTION sal—The .own Board by Is serviced by a permanently placed an any point within twenty (20) feet • itcsoltit,oa adopted at a stated meeting stairway, from the intersection of the street r i)aii fix tile time and place of a public The provisions of this section shall 1.nes, which may cause danger to hearing on the proposed amendment not apply to awciliags located within traflac on a street by obscuring the • :dal cause notice thereof to be given a tour:an camp as ilc:ired in the South- v,ew. pursuant to the provisions of :he Town old Town Ordiaaaee providing for the Law. The Town Board, before adver- regulations of Tourist camps, house SECTION 1007— NON-CONi•OR I- t.s.ng: fol a public hearing, shall in a trailer camps, iron:se tralicrs or elm:;ar INC USE'S -- Unless otherwise au- wru:cn request. Instruct the To establishments ween ra pcn-ss:t for such thorned as a special exception by the Planning Board to prepare an o:ifcial tourist c:mp las been issued by the 2cerd of Appeals as hcrcmbe;ore pro- repo:: Cerin;n; the conditions described Town Dowd p•rsua.I t,i the p;ovistons v:ccd, the :allowin' provisions snail • • sn a petition and determine the area of said orchnaice. apply to non-cor.:o:mins uses; - . _ (..I The lawful use of a badcan;, Health of the County er Salrolk, ,lad (3) Sub-division Map of Founders prelil,-es existing on the effective date not in conflict with any of the pro- states, anted March /0, 1027, and of 11.1.. Ora,uancc, or autnoticCU by a visions of this OA:iiance; 1,7ZOVIDED, amendments theicto; iitu:o.u,; ;chin, ls.,ueci in'.ur L&1 lCLo. however, that wiicre 11.i, Orci.na.lco (4) Map of ;hub-division knmcn it.. way Le tcii.I.:nucd alLinou„11 buuh use uupw:cs a el-cater restr:cLt,.i upon the ICenucworid, (taco January 0,1531, ;Sled dues nut cult:urin with the provisions use of buildings or 1%rcmi.,es or upon Lili Mnp No. 2100; of this Or.unaucc and such use ivaY the he:Jltt of L11e bu.ti.j. or :ink tics (5) Map o: Southwood, Zap filo No. be estcaucd throughout the building lari;ee open space:: ta;.a circ hnpascd :-.141; IilWiu1)y acquired prior to chid date. or rcgnli•cd by such Ordinance, rules (5) flan of Lots owned by Geor;o (b) A non-coniormling use. of a.build- and regulations. the provslams of this II. Malls, Southold, N. Y., Map Ale No• mi or premises may be changed to a Ordinance shall control. 539; Me o: Lime saute or higher classification (7) Day;ide Terrace, Bay View, ticcnrcii:t;; to the provisions Of [itis SECTION 1011 — rtEM DIES -- Iii Southold, N. Y. File No, 2034; Ordinance. case any bullchng or structure Is erect- (5) West Creek Development, South- (c) Whenever a district shall here- ed, constructed, recons[:tictc.i, nll.cred, old, N. Y. 2.1ap o: April 20, 1937, Filo after be changed, any then existing repaired, converted or maintained, or No. i23G; non-conforming use of a. betiding or any building, structure or lard is used (0) Sub-division Map of Cedar Bach premises in such cilangctl district maY in violation of this Ordinance, or of Pari: situate at Bay View, Southold. ue continued or changed to a use of a 'any regulations made pursuant thereto. N. Y. doted September 2G, 1920, Fila similar or higher classtftcation. pro- in addition to ocher remedies provided No. 03:- voted till other regulations governing by law. any appropriate action or pro- (10) Map of Goose Neck, Southold, the new use are complied with. seeding wltetaer by legal proses or N. Y. Map dated 1D-lU, File No. 1GG3; (d) Whenever a non-conforming USO OL1ICL'W•se, piny be instituted, or taken (11) PeConic Shores, Pecontc. N. Y- of a building or premises has been (lis- to prevent such unimeful erection, con- Map of Jesse Wells, dated December co;:tiuucd for a period of more than struction, recenstructton, alteration, 27, 1022, No. 1 and No. 2; two t2) years, or changed to a higher repair, conversion, mahatma:ice or use, (12) Nassau Farms. Pcconic, N. Y. classification, or to a conforming use, to restrain, correct or abate :.ugh viola- .lap by O.W.Van Tuyl.No. 1179; auvihino in this Sectiotl to the con- hon, to prevent the occupancy of said (13) Alonzo Jersey, i?econic. N. Y. trary notwithstanding, the non-con- building, structure or land oe to pre- Map of O. W.Van Tuyl,April 21, 1030, :o:,king use of such budding or prem- vent any illegal act. conduct, business F,:e No- 753; iscs:anal uo longe-be permitted unless : or use in er about such premises. (14) Nassau Point Club ProperLie5. a variance therefor shall have been Section D, Map by 0, W. Van Tuyl, granted by the Board of Appeals as SEC IO:; 1012—PEN.:1IZS — :For Mardi 24, 1024: and Amended Map— hlcrcuweforc provided. any :inti every violal.on of the provi- Section A No. 15G; (c) A non-conforming buiIdingg may sions of this oiciin: lce, the owner, the (13) Captain iildd Estates.MaLilLucit, not be reconstructed or strucLl1Cally 7cncral :.gout, or cortesci r al a bund- N. Y.. Map by O. W. Van Tuyi, Jan- altered during its life to an extent ex- iiig or fi-eliuses, A..icre such: vlotatiuus uary 21, 1017. No. 1572: . ceec:u.1; In aggregate cost fifty (50) have been committed or s,;ail exist, and -r.• (10) Amenued :.lap of MattiLuclt ;percent of the fair value of the build- the general agent, architect, buiicicr, 2ieiahts, Miitutuck, N. Y. ing, unless the use of such building Is contractor or any other person who (:7) Point Pheasant—Mattitue::,'N.Y. eit,tw::cd to a conforming use. knowingly commits, takes :mar; or as- Survey by Franklin F. Overton, April • (i) :. non-conforming building which s(sts in any such violation or whou. 1610; lues uecn damaged by fire or other plaint:ins any Luildia2a Cr pr cnu'.cs (I:) Salt Lake Village, Itta(;hind;, cause:: to the extent of more than :Iffy in which any such v,ciatlons ,hall exist, N. Y., Map by O. W. Van Tuyl, .duly (55) p:recut of its fair value shall not shall be guilty of an offense. Each 10, 1339: be repaired or rebuilt unless the use week's continued violaL.on shall ton- (19) Shore Acres, 1.attitueic, N. Y. of such building is changed to a con- stituto a separate additional v.olatlon. File No. 41. formai.; use. Such:cies or p gnat;cs shall be celiac'. SECTION 1600—NotwiLhstandin'r nny E-C:SOIL 1000 —TIDAL LANDS -- ed as like :lues are :tow ccllecLed by other provisions of this Ordinance, no When the tidal lands are not shown as law, multiple dwelling shall be erected, zoned on the Zoning Map, they shall .iltcred, or used which does riot pro- be• enii:-tdcred to lie within the "A" • SECTION 1013 — EXCEPTIONS AS vide a lot area of at least twelve 3 Residential and Agricultural District TOCLT.TAINSULDIV."S1ON LOTS— thousand :lve hundred (12.500) square but. no structure erected therein shall (a) All of the lois on a ccrtaut map feet :or cacti family or dwelling unit, be cr:sled upon such lands owned by entitled M.tp of Marion Manor, situ- the Town of Southold except upon the a ted at East 2.Iaricn, Tewr. of South- approval of the Board of Town old, Sugolk County, New York, filed T1'I,stces. In Suffolk County Clerk's Office on • SECTION 1007—VALIDITY—Slmuld March 18, 1033, as Map No. 2039, shrill any section or provision of this Or- be excepted from the provisions of 1 . diu.inC.' be declared by a court of cpm- Section 303 herein; As to Let;, nuns- i peeetli• iurir.dietion to be Invalid, such bored one (I) Lhrou,7h five (5) on said dece.ian, shrill not effect the validity map. the suleyord requirements shall ' of the O:dillance us a whole or any be reduced to ten (10) :act on each other part thereof, side; and as to lots numbered thirty- . . ,.... O.d 1010—ItiT:,aPIt7r;ATION, three (33) through forty-seven e:7 i'U.::'O::i: AND CONI'LICT -- In on said map, the selbacl. lilies and • inter nretillg and applying Lhc pro- rear yard requirements than cacti bo vik:,lit: of this Ordinance, they shall reduced Lo twenty (25) feet. . , Ise held to be the minimum require- (b) 1.11 01 the Lots on the following . :items :or the promotion a: the, health, described maps shall be excepted from s:.aly, morals or the general welfare the provisions of Sact_on :33 herein: o: ti;c Town.n. It is not intended by this (1) Sub-division Map o: Sect:on Ordinance co interfere with or abrogate Gardiner's Bay Estates, ::.u: :.Arian, or annul any Town Building Code, or New Yorke, Map by O. I.V. Van Tuyl, • • dry =lc.; and regulations adopted or dated July 21,1937; i'.:.ilyd tlirl'cnucier, or tio rules and (2) Map or I7eixerlo:l E:,L;1Le:, Filed • roAidI,,.i.i, or 1110 I11•Inu'111ti'iii. of dlneriI 111, IN•1'l ria :'1.,V I\.+. L''2. . • CSf (}- At a meeting of the Town Board of the Town of Southold held at the Supervisor's Office, 16 South Street, Greenport, New York on the 23rd day of November, 1971. WHEREAS, this Board held a public hearing on the 28th day of September, 1971, in the matter of the amendment of the town ordinance entitled "The Building Zone Ordinance of the Town of Southold, Suffolk County, New York" together with the Building Zone Maps forming a part thereof at which time all interested persons were given an opportunity to be heard with respect to said matter, and WHEREAS, this Board now deems it in the public interest that said proposed amendments be enacted, NOW, THEREFORE, BE IT RESOLVED that "The Building Zone _ Ordinance of the Town of Southold, Suffolk County, New York"together with the Building Zone Maps forming a part thereof consisting of six sections designated A to F inclusive and which have been signed by the members of this Board be amended as follows, to wit: 4 I. By amending Article I, to read as follows: ' ARTICLE I PURPOSES - DEFINITIONS SECTION 100 - 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 ordinance. 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: 1. The facilitation of the efficient and adequate provision of public facilities and services; 2. The assurance of adequate sites for residence, industry, and commerce; 3. The provision of privacy for families; 4. The prevention and reduction of traffic conges- tion, so as to promote efficient and safe circulation of vehicles and pedestrians; 5. The maximum protection of residential areas; 6. The gradual elimination of non-conforming uses; 7. The enhancement of the appearance of the Town of Southold as a whole; 8. The encouragement of flexibility in the design and development of land in such a way as to promote the moot 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; 9. The fostering and protection of agriculture and fisheries. SECTION 101 - DEFINITIONS - Unless otherwise expressly stated, the following terms shall for the purpose of this ordinance have the meaning herein indicated. 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 de- signed to be occupied or used": ACCESSORY- A building or use clearly incidental or subordinate to, and customary in connection with, the \\?\\ \\:\ principal building or use on the same lot. BASEMENT -A story in a building, the structural ceiling level of which is four feet or more above the average level of finished grade where such grade abuts that exterior • /- • ceiling level of which is four feet or more above the average level of finished grade where such grade abuts that exterior wall of such building which fronts on any street, and the floor level of which is below finished grade at any point on the periphery of the building. BILLBOARDS-A sign, including the type commonly known as a billboard, which directs attention to a business, commodity, service, entertainment or attraction, sold, offered or existing elsewhere than upon the same lot where such sign is displayed or only incidentally upon such lot. BOARDING AND TOURIST ROUSES-A building other than a hotel where lodging, with or without meals, for five or more persons is furnished for compensation. BUILDING-Any combination of materials forming any construction, except where entirely underground, so as to permit the use of the ground above same as if no building was present; the term "building" shall include the term "structure" as well as the following: a. Signs; b. Fences; c. Walls, other than retaining walls projecting above the ground not more than 3 feet at the higher ground level and not more than 6-1/2 feet at the lower ground level; d. Radio and television receiving and transmitting towers and antennae, except for such antennae installed on the roof of a "building" and extending not more than 20 feet above the highest level of the roof of such "building", and e. Porches, outdoor bins and other similiar "struc- tures". CELLAR-Any space in a building the structual ceiling level of which is less than four feet above the average finished grade where such grade abuts that exterior wall of such building which fronts on any street. A cellar shall not be considered in determining the permissible num- ber of stories. COURT, INNER-An open space enclosed on all sides by exterior walls of a building. COURT, OUTER-An open space enclosed on three sides by exterior walls of a building COURT, OUTER, DEPTH OF-The linear average dim- ension measured from the unenclosed side of the court to the farthest wall thereof. COURT, OUTER, WIDTH OF-The linear dimension of the unenclosed side of the court. CURB LEVEL-The established elevation of the street grade at the point that is opposite the center of the wall near- est to and facing the street tine. -2- DWELLING, ONE-FAMILY-A detached building containing one dwelling unit only. DWELLING, MULTIPLE-A building or portion thereof containing three or more dwelling units. DWELLING, ROW OR ATTACHED-A one-family dwelling with two common or party walls separating it from adjacent units on both sides. DWELLING, TWO-FAMILY-A detached building containing two dwelling units only. DWELLING, SEMI-DETACHED-A one family dwelling with one wall in common with an adjacent dwelling. DWELLING UNIT-A building or entirely self- contained portion thereof containing complete house- keeping facilities for only one 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 facili- ties in common with any other "dwelling unit. " A house trailer, a boarding or rooming house, convalescent home, fraternity or sorority house, hotel, motel, inn, lodging, nursing, or other similar home, or other similar structure shall not be deemed to constitute a dwelling unit. FAMILY-One or more persons occupying a dwelling unit as a single non-profit housekeeping unit_ More than five persons, exclusive of domestic servants, not related by blood, marriage or adoption, shall not be considered to constitute a family. FLOOR AREA-The sum of the gross horizontal areas of the several floors of the building or buildings on a lot measured from the exterior faces of exterior walls or from the center Line of party walls separating two buildings, exclu- ding cellar and basement areas used only for storage for the operation and maintenance of the building. FLOOR AREA, LIVABLE-All spaces within the exterior walls of a dwelling unit exclusive of garages, breezeways, un- heated porches, cellars, heater rooms, and basements having a window area of Tess than 10% 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 and all attic space having a clear height of six feet from finished floor level to pitch of roof rafter with a clear height of seven feet six inches from finished floor level to ceiling level over 505 of the area of such attic space. -3- • 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. GARAGE, PRIVATE-A building used 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 it is erected, and for the storage of not exceeding two (2) additional vehicles (not trucks) owned or used by others. 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 operation, repairs, or kept for remunera- tion,_ hire or sale. HOME OCCUPATIONS-This shall be understood to include the profes- sional office or studio of a doctor, dentist, teacher, artist, architect, engineer, musician, lawyer, magistrate or practitioner or a similar character or rooms used for home occupations including home baking, millinery or similar handicrafts, PROVIDED that the office, studio or occupational rooms are Located in a dwelling in which the practitioner resides dnd in a building accessory thereto, and PROVIDED further, no goods are publicly displayed on the premises and no sign or advertise- ment is shown other than a sign not larger than two (2) square feet in total area, bearing only the name and occupation (words only) of the'practitioner. HOTEL-A building occupied as the more or less temporary abiding place of individuals who are Lodging with or without meals and in which there are more than ten (10) rooms usually occupied singly and no provision made for cooking in any room or individual apartment. HEIGHT-The vertical distance measured from the average elevation of the finished grade at the front of the building to the highest point of the roof for flat and mansard roofs, and to the mean hight between eave and ridge for other types of roofs. JUNK YARD-Land occupied or to be occupied for storage of old wood, paper, cloth, or metal, including old automobiles, trucks, equipment. machinery, fixtures, and appliances not usable as originally designed; and also including any portion of such old automobiles, trucks, equipment or machinery as are to may bo soLd as and for junk or salvage. LOT-Any parcel of land, not necessarily coincident with a lot or lots shown on a map of record, which is occupied or which is to be occupied by a building and its accessory buildings, if any, or by a group of buildings accessory thereto, if any, together with the required open spaces appur- tenant to such buildings or group of buildings. LOT, CORNER-A lot at the junction of and abutting on two or more intersecting streets where the interior angle of intersection does not exceed 135 degrees. 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 135 degrees. LOT, DEPTH-The minimum distance from the street line of the lot to the rear lot line of such Lot. LOT LINE-Any boundary of a lot other than a street line. -4- `. LOT LINE, REAR-The Lot Line generally opposite to the street line; if the rear Lot line is Less than 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 parallel to the front lot line not Less than 10 feet long Lying farthest from the front Lot Line. LOT WIDTH-The average distance between side lot lines taken at the front yard or set-back line and measured at right angles to the side lot lines or along a parallel to the street. MANUFACTURING-Any process whereby the nature, size, or shape of articles or raw materials are changed, or where articles are assembled or packaged. MAIN FLOOR-The Largest area found by the pro- jection of a horizontaLpiane through the Livable floor area which is enclosed by the exterior walls of the building. MARINA OR BOAT BASIN-Any premises con- taining one or more piers, wharves, docks, moorings, bulkheads, buildings, slips, basins, or Land under water designed, used or intended to be used primarily for the docking or mooring of boats for or without compensation MOTEL-A building containing guest rooms each of which, or each pair of which, has a separate entrance leading directly from the outside of the building, with parking space conveniently located to each unit, and which is designed, used, or intended to be used primarily for the accommodation of motor vehicle transients. NON-CONFORMING USES-A non-conforming use is any use, whether of a building or tract of land, or both, existing on the effective date of this ordinance which does not conform to the use regulations of the District in which it is located. PRINCIPAL BUILDING-A building in which is con- ducted the main or principal use of the lot on which said building is located. PUBLIC WATER, PUBLIC SEWER-Communal sewage disposal systems and communal water supply systems approved by the Suffolk County Department of Health, and operated by a municipality or public agency. 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 represen- tation which is in the nature of, or which is used as, an -5- r announcement, direction or advertisement, for commercial purposes or otherwise. A sign includes a billboard and a neon tube, string of lights, or simi- lar 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-Shall include all faces of a sign measured as follows: (a) When such sign is on a plate or framed or outlined, ail of the area of such plate or the area enclosed by such frame or outline shall be included; (b) 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 within which all of the matter of which such sign consists may be enscribed. 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 be no higher finished floor, then that part of the building comprised between the level of the highest finished floor and the top of the roof beams. STORY, HALF-Any space partially within the roof framing, where the clear height of not more than 50% of such space between the top of the floor beams and the structural ceiling level is 7 feet 6 inches or more. STREET-A street, improved to the satisfaction of the Planning Board which is one of the following: an existing Town, County or State highway or street; a street shown on an approved Subdivision Final Plat; a street shown on a map filed with the County Clerk (in accordance with Section 280-a of the Town Law) prior to Planning Board authorization to review subdivisions; 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 supporting members of a building, such as beams, columns, or girders. -6- TRAILER-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 cook- ing. The term "trailer" shall include vehicles if mounted on temporary or permanent foundations with the wheels removed. TOURIST COTTAGE-A detached building having Less than three hundred fifty (350) square feet of cross section area, designed for or occupied as Living and sleeping quarters for seasonal occupancy. TOURIST CAMP-Any lot, piece or parcel of ground where two 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. USABLE OPEN SPACE-An unenclosed portion of the ground of a lot which is not devoted to driveways, or parking spaces, which is free of structures of any kind, of which not more than 25% is roofed for shelter purposes only, the minimum dimension of which is 40 feet, and which is available and accessible to all occupants of the building or buildings on the said Lot for purposes of active or passive outdoor recreation. USE, ACCESSORY-A use customarily incidental and subordinate to the main use on a Lot, whether such "accessory use"be conducted in a principal or acces- sory building. YARD, FRONT-An unoccupied ground area fully open to the sky between the street line, or by the street Line established by the Official Map of the Town, or an approved Subdivision Plat, and a line drawn parallel thereto. YARD, REAR-An unoccupied ground area fully open to the sky between the rear lot line and a line drawn parallel thereto. YARD, SIDE-An unoccupied ground area fully open to the sky between any property line other than a street or rear lot line, and a line drawn parallel thereto between the front and rear yards. II. By amending Article II to read as follows: SECTION 200 - USE DISTRICTS - For the purpose of this ordinance, the Town of Southold, outside of the Incorporated Villages, is hereby divided into districts designated as follows: -7- "A" RESIDENTIAL AND AGRICULTURAL DISTRICTS "M" LIGHT MULTIPLE RESIDENCE DISTRICTS "M-1"GENERAL MULTIPLE RESIDENCE DISTRICTS "B" LIGHT BUSINESS DISTRICTS "B-I" GENERAL BUSINESS DISTRICTS "C" LIGHT INDUSTRIAL DISTRICTS "C-1" GENERAL LIGHT INDUSTRIAL DISTRICTS SECTION 20I - ZONING MAP - The boundaries of the said districts are hereby established as shown on the Building Zone Map which accompanies, and which, with all explanatory matter thereon, is hereby adopted and made a part of and incorporated into this ordinance. Said map, indicating the latest amendments, shall be kept up to date and a copy thereof shall be kept in the office of the Building Inspector for the use and benefit of the pub- lic. SECTION 202 - DISTRICT BOUNDARIES - In determining the boundaries of districts shown on the zoning map, the following rules shall apply: I. Where district boundaries are indicated as approximately following the center lines of streets, high- ways, waterways or railroad rights-of-way or such tines extended, such center Lines shall be construed to be such boundaries. 2, Where such boundaries are indicated as approxi- mately following the property lines of parks or other publicly owned lands, such Lines shall be construed to be such boundaries. 3. Unless otherwise shown, all district boundaries running parallel to streets shall be construed to be 200 feet back from the rights-of-way of said streets. 4. In all cases where a district boundary divides a lot in one ownership and more than 50% of the area of such lot lies in the less restricted district, the regulations prescribed by this ordinance for the less restricted district shall apply to such portion of the more restricted portion of said lot which lies within 30 feet of such district boundary. For purposes of this section, the more restricted district shall be deemed that district subject to regulations which: prohibit the use intended to be made of said lot; or require higher standards with respect to coverage, yards, screening, land- scaping and similar requirements. -8- ..o I r 5. In all cases where a district boundary Line is Located not more than 15 feet from a lot line of record, such boundary Line shall be construed to co- incide with such lot Line. 6. 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. 7. 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. SECTION 203 - EFFECT OF ESTABLISHMENT OF DISTRICTS - Following the effective date of this ordinance: 1. 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 regula- tions, requirements, and restrictions specified in this ordinance for the district in which such building or land is located. 2. 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. 3. 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 ordinance 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 ordinance. 4. Nothing contained in this ordinance shall require any change in the plans, construction, or designated use of a building complying with the Zoning Ordinance in force ' prior to this.Ordinance, if the following is found to exist: (a) A building permit shall have been duly issued and construction shall have been started before the effective date of this ordinance. (b) The ground story framework (including the second tier of beams) shall have been completed within six months of the date of the building permit; and (c) The entire building shall have been com- pleted in accordance with such plans as have been filed with the Building Inspector within one year from the effective date of this ordinance. -9- 5. Any use not permitted by this ordinance shall be deemed to be prohibited. 6. Notwithstanding the limitations imposed by any other provisions of this ordinance, no building, dredging, or filling operation shall be permitted be- low the datum of mean high water of tidal waters un- less such building, dredging, or filling operations have been duly authorized and are conducted in con- formity with all laws, ordinances, rules and regula- tions of all governmental agencies having jurisdiction thereof. III. By amending Article III to read as follows: ARTICLE III "A" Residential and Agricultural District SECTION 300 - In an "A" 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 dwelling on each lot. 2. The following commercial agricultural operations and accessory uses, including irrigation, thereto, provided that there shall be no storage of manure, or other odor or dust-producing substance or use.except spraying and dusting to protect vegeta- tion, within 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 thereof in buildings subject to the following special requirements: i. All one-story buildings for display and retail sales of agricultural and nursery products grown primarily on the premises shall not exceed 1, 000 square feet in floor area. Display of produce shall be not less than 10 feet from all street and Lot lines. Any stand in excess of 100 square feet in floor area shall be set back 20 feet from the street Line. Any stand in existence at the effective date of this ordinance must, within one year, comply with all of the provisions hereof. 'i. All signs shall conform to the provisions of Section 300 C. 7 (b) -10- r— (b) Keeping, breeding and raising fotvl, except ducks, and large domestic animals on Lots of ten acres or more. (c) Keeping of horses and ponys owned and used by the owner of the premises for his personal use provided that the Land area devoted to such use shall not be Less than 40,000 square feet. (d) Barns, storage buildings, and other related structures, provided such buildings shall conform to the yard requirements for principal buildings. (3) Buildings, structures, and uses owned or operated by the Town of Southold. B. Uses Permitted by Special Exception by the Board of Appeals as herein provided. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject to Site Plan approval by the Planning Board in accordance with Article XIV hereof. 1. Two family dwellings, conversion of existing buildings and new construction, not to exceed one such dwelling on each lot. 2. Places of worship including parishtruses (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 50 feet to any street line and nearer than 20 feet to any lot line. (b) The total area covered by all principal and accessory buildings shall not exceed 20% of the area of the Lot. 3. Private schools, colleges, and other educational institutions, subject to the following requirements: (a) No building shall be less than 50 feet from any street or Lot line. (b) The total area occupied by all principal and accessory buildings shall not exceed 20% of the area of the Lot. (c) Any such school shall be a non-profit organi- zation within the meaning of the Internal Revenue Act and shall be regis- tered effectively thereunder as such. -11- Desk CoPy idislfeurc . N•71 BUILDING ZONE ORDINANCE TOWN OF SOUTHOLD SUFFOLK COUNTY NEW YORK H957 1 JukiC 65 � U5e s s�nLP cts M N.^ I LLC.I$'vv S I)GULA tyr,„c.-t .. of NOf SIVIt-re0)&4r \ - BUILDING ZONE ORDINANCE Town Of Southold Suffolk County, New York An ordinance classifying, regulating and restricting the height, numb:r of stories, size of buildings and other structures, the percentage of lot that may be occupied, the size of yards and other open spaces, the density of population, the location and use of buildings, structures and land for trade, industry, residence and other purposes, (provided that such regulations shall apply to and affect only such part of the town outside the limits of any incorporated village), establishing the boundaries of districts for said pur- poses so as to promote the health, safety, morals and general welfare of the Town of Southold with reasonable consideration, among other things to the most desirable use for which the land of each district may be adapted, the peculiar suitability for particular use of a district, the conservation of prop- erty values and the direction of building development in accordance with a well considered plan and also to establish penalties for violation of these regulations as prescribed by the statutes. TABLE OF CONTENTS Short Title Section ARTICLE I Definitions 100 ARTICLE II Districts 200 ARTICLE III "A" Residential and Agricultural District 300 ARTICLE IIIA "M" Multiple Residence District 350 ARTICLE IIIB "M 1" Multiple Residence District - 370 ARTICLE IV "B" Business District 400 ARTICLE IVA "B-1" Business District 420 ARTICLE IVB "B-2" Business District 440 ARTICLE V "C" Industrial District 500 ARTICLE VI Tourist Camps, Camp Cottages and Trailers 600 ARTICLE VII Applications and Permits 700 ARTICLE VIII Board of Appeals 800 ARTICLE IX Amendments 900 ARTICLE X General Provisions 1000 WHEREAS, all the matters and things required to be done by the Town Law of the State of New York in order that the Town Board of the Town of Southold, Suffolk County, State of New York, may avail itself of the powers conferred by said law have been duly complied with. NOW THEREFORE, the Town Board of the Town of Southold, Suf- folk County, State of New York, by virtue of the authority in it by law invested hereby ordains and enacts the following ordinance. SECTION 1—This ordinance shall be known and may be cited as "The Building Zone Ordinance of the Town of Southold, Suffolk County, New York." ARTICLE I ` 11—GARAGE-PUBLIC—A building (Inc rig any writing, letter, figure, SECTION 100—Definitions—For the other than a private garage, used for symbol or mark painted upon or in- purpose of this Ordinance, certain housing or care of gasoline or other corporated in the exterior surface of a terms and words are, herewith, defined power driven Vehicles, or where such building or structure. as follows: vehicles are equipped for operation,re- 20—STORY — That portion of a Words used in the present tense in- paired or kept for remuneration, hire building included between the surface dude the future, the singular number or sale. of any floor and the surface of the includes the plural and the plural the 12—HOTEL—A building occupied as floor next above It or if there be no singular, the word "building" includes the more or less temporary abiding floor above it, then the space between the word "structure", the word "lot" place of individuals who are lodging it and the ceiling next above it. Includes the word "plot" and the word with or without meals and in which 21—STORY-HALF—A story under a "shall"is mandatory and not directory. there are more than ten (10) rooms gable, hip or gambrel roof, the wall 1 — ACCESSORY BUILDING — A usually occupied singly and no pro- plates of which, on at least two (2) building,subordinate to the main build- vision made for cooking in any in- opposite exterior walls, are not more ing on a lot and used for purposes dividual apartment. than two (2) feet above the finished customarily incidental to those of the 12A — AUTOMOBILE NVRECKING floor of such story. main building. AND ALL OTHER JUNK YARDS— 22—STRUCTURE — Anything con- 2—AN ACRE — An acre as applic- Land occupied or to be occupied for structed or erected, the use of which able to this Ordinance shall refer to the storage of old wood, paper, cloth requires a more or less permanent la- the land exclusive of street areas_ or metal, Including old automobiles, cation on the soil,or attached to some- 3 — BOARDING AND TOURIST trucks, equipment, machinery, fixtures thing having a permanent location on HOUSES—A building other than a and appliances not usable as originally the soil. hotel where lodging, with or without designed; and also including any por- 23—STRUCTURAL ALTERATIONS— meals, for five or more persons is Lions of such old automobile trucks, Any change in the supporting members furnished for compensation_ equipment or machinery as are or may of a building, such as bearing walls, 4—BUILDING — A structure having be sold as and for junk or salvage. columns, beams or girders. a roof supported by walls and when 13—LOT—Land occupied or to be oc- 23A TOURIST COTTAGES — A separated by a party wall without cupied by a building and Its accessory detached building having less than openings,it shall be deemed a separate buildings together with such open three hundred fifty (350) square feet building. spaces as are required under this Or- of cross section area, designed for or 5—BUILDING AREA — The aggre- dinance and having its principal front- occupied as living and sleeping quarters gate of the maximum horizontal cross age upon a public street or officially for seasonal occupancy. section area of the buildings on a lot, approved place. 23B—TOURIST CAlfP -- Any lot, excluding cornices, eaves, gutters or 14—LOT-CORNER — A lot situated piece or parcel of ground where two chimneys projecting not more than at the Junction of two (2) or more or more tents, tent houses, camp cot- eighteen (18) inches, steps, one (1) streets. Gages, house cars or house trailers used story open porches, bay windows, not 15—LOT-INTERIOR — A lot other as living or sleeping quarters are or extending through more than one (11 than a corner lot. may be located, said camp being oper- story and not projecting more than 16—LOT-THROUGH — An interior ated for or without compensation. five (5) feet, balconies and terraces. lot having frontage on two (2) streets. 24—YARD — An open space on the 5—BUILDING HEIGHT— The ver- 17—LOT LINES—The lines bound- same lot with a building, unoccupied tide distance measured from the curb Ing a lot as defined herein. and unobstructed from the ground up- level to the highest point of the roof 17A—MARINA OR BOAT BASIN— ward except as otherwise provided surface, if a flat roof, to the deck line Any premises containing one or more herein. of a mansard roof, and to the mean piers, wharves, docks, bulkheads, build- 25—FRONT YARD — The required height level between eaves and ridges Ings, slips, basins or land under wafer open space extending along the street' for a gable, hip or gambrel roof PRO- designed, used or intended to he used line of any street on which the lot VIDED that chimneys, spires, towers, primarily for the docking, mooring or abuts. elevator penthouses. tanks and similar accommodation of boats for compen- 20—REAR YARD—The required open projections shall not be included In sation, whether compensation is paid space extending along the rear lot line the height. For building set back from directly or indirectly. (not a street line) throughout the the street line and where no curb ex- 17B—MOTEL—A building containing whole width of the lot. lsts, the height may be measured from guest rooms or dwelling units each 27—SIDE YARD—The required open the average elevation of the ground of which, or each pair of which has space extending along the side lot lines surrounding the building. a separate entrance leading directly from the front yard to the rear yard. 7—DWELLING—ONE FAMILY —A from the outside of the building, with 28—SIZE OF LOT-AREA—The area detached building designed for or oc- garage or parking space conveniently of a lot shall be the total area meas- cupied exclusively by one (1) family. located to each unit, and which is ured inside all of Its boundaries. _ B—DWELLING—TWO FAMILY—A designed, used or intended to be used detached or semi-detached building primarily for the accommodation of designed for or occupied exclusively by motor vehicle transients. two (2) families. 18—NON-CONFORMING USE — A 9—DWELLING — MULTIPLE — A building or premises occupied by a use building or portion thereof designed that does not conform with the regu- for or occupied as a home for three (3) lations of the use district In which it or more families or households living is situated. Independently of each other. 19—SETBACK—The minimum hori- 9A—FAMILY—One or more persons zontal distance between the street or occupying premises as a single house- lot line (front, side, or rear, as the keeping unit. case may be) of the building or any 10—GARAGE-PRIVATE—A building projection thereof, excluding steps, used for the storage of one (1) or more open terraces. and bay windows not gasoline or other power driven vehicles projecting more than five (5) feet. owned and used by the owner or ten- 19A—SIGN—A sign includes every ant of the lot on which it is erected, kind of billboard, sign board, device and for the storage of not exceeding or display, designed, arranged, used or two (2) additional vehicles (not trucks) intended to be used to advertise, an- • owned or used by others. nounce, direct or otherwise Inform. ARTICLE II C Districts Section 200—USE DISTRICT REGULATIONS— For the purpose of this Ordinance, the Town of Southold, outside of the Incorporated Villages,is hereby divided Into seven (7) classes of districts which shall be designated as follows: "A" RESIDENTIAL AND AGRI- CULTURAL DISTRICTS "hl" MULTIPLE RESIDENCE DISTRICTS "M-1" MULTIPLE RESIDENCE DISTRICTS "B" BUSINESS DISTRICTS "B-1" BUSINESS DISTRICTS "B-2" BUSINESS DISTRICTS "C"INDUSTRIAL DISTRICTS SECTION 201 — The boundaries of said districts are hereby established as shown upon the Building Zone Maps which accompany and which, with all • notations, references and other matter shown thereon are, hereby, declared to be part of this Ordinance, as if the matters and things set forth by said map were all fully described herein. SECTION 202—No building shall be erected, altered or used, and no prem- ises shall be used for any other than a purpose permitted in the zone in which such building or premises is located. SECTION 203 — The boundaries between districts are, unless otherwise Indicated, either street lines, railroad rights-of-way or such lines extended or lines parallel thereto or boundaries of subdivisions. Where figures are shown on the zoning maps between a street and a district boundary line, they Indicate that the district boundary line runs parallel to the street line at a distance as so indicated. When the location of a district boundary line is not ortherwise determined, it shall be determined by the scale of the map measured from a given line.Where the street layout, actually on the ground, varies from the street layout as shown on the zoning maps, the designation shown on the mapped streets shall apply in such a way as to carry out the real intent and purposes of this Ordinance for the particular area In question. - SECTION 204 — Where a district boundary line divides a lot In a single ownership at the time of passage of this Ordinance, the Board of Appeals, as hereinafter provided, may permit the less restricted use to extend to the • whole or any part of such lot. ARTICLE III • s—The sale at retail of farm, garden • "A^ Residential and Agricultural or nursery products produced or grown District on the premises or of ani,nals raised SECTION 300—In the '•A" Residen- on the premises. One (1) advertising tial and Agricultural District, no build- sign, either single or double fated, not trig or premises shall be used and no larger than four (4) feet by six (6) building shall be hereafter erected or feet in size, advertising the sale of altered unless otherwise provided in farm, garden or nursery products pro- this Ordinance, except for one (1) or duced or grown on the premises or more of the following uses: 1 of animals raised on the premises. 1—One (1) family dwellings, 9—One (1) real estate sign, either single or double faced, not larger than - 2—Churches, schools and libraries. three (31 feet by four (4) feet in size 3—Non-commercial parks, • play- on any one (1) or more lots, advertising grounds, athletic fields, bathing beach- the sale or lease of only the premises es, bathhouses or boathouses. on which it is maintained and set back 4—Agricultural farms, poultry farms,. not less than the required front yard nurseries, greenhouses and truck gar; distance and not less than ten (10) • dening (does not include farms for feet from each side line. the breeding or raising of ducks).• When the advertising sign is for the 5—The following uses when author- purpose of the sale or lease of acreage, ized as a special exception by the or the sale of lots in a subdivision, Board of Appeals as hereinafter pro- one (1) real estate sign, either"single vided: or double faced. not exceeding twenty- (a) The conversion of any build- four (24) square feet will be permitted Ing in existence at the effective on each five hundred (500) feet to one date hereof to a two family thousand (1000) feet of frontage on dwelling. the highway or highways on which the (b) The erection or construction property fronts, PROVIDED said sign - of a two family dwelling pro- is set back not less than the front vided that the lot shall have yard restrictions required and riot less an area of not less than than ten (I0) feet from each side line. twenty-five thousand (25,000) The lower edge of the sign shall be • square feet and a frontage-of not less than three (3) feet above the not less than two hundred ground and the upper edge of the (200) feet. sign shall not extend more than (c) Clubs, fraternity houses and fifteen (I5) feet six (6) Inches above golf courses. . the ground. If the premises has a (d) Stables and riding academies.' frontage of less than five hundred (e) Funeral homes and undertak- (500) feet, the sign shall have an area ing establishments. ' of not more than twelve (12) square (f) Railway passenger stations: feet and the same restrictions shall (g) Public utility buildings,struc- apply- tures or facilities. 10—Signs as provided In Section 405 (h) Cemeteries and the necessary of this Ordinance when authorized as incidental structures.• a special exception by the Board of (1) Marinas for the docking, Appeals as hereinafter provided. mooring or accommodation of not more than six (6) non- commercial boats. 6—Accessory buildings, including one (1) private garage,when such accessory buildings are located in the rear yard, , or a private garage within or attached to the dwelling. ~a 'I —Uses customarily Incidental to r any of the above uses when located on the same lot and not involving the conduct of a separate business. This shall be understood to include the professional office or studio of a _ doctor, dentist, teacher, artist,'archi- tect, engineer. musician, lawyer, mag- istrate or practitioner of a similar character or rooms used for home occupations including dressmaking,- millinery or similar handicrafts, PRO- VIDED that the office, studio or occupational rooms are located in a dwelling in which the practitioner re- sides and in a building accessory there- to, and PROVIDED further, no goods are publicly displayed on the premises and no sign or advertisement is shown other than a sign not larger than two 'i (2) square feet In total area, bearing only the name and occupation (words , only) of the practitioner. SECTION 301—"A" HEIGHT In PROVIDED that, in case of a lot the "A" Residential and Agricultural held In single and separate ownership District, no building, hereafter erected at the effective date of this Ordinance, or altered, shall exceed thirty-five (35) having a total depth of less than one feet or three (3) stories, hundred (100) feet, a single family Except public or semi-public build- dwelling may be built thereon with a ings may be erected to a height not rear yard of less than twenty-five (25) exceeding fifty (50) feet when set back feet, when authorized as a. special ex- an additional six (6) Inches on all ception by the Board of Appeals as sides for each foot such buildings ex- hereinafter provided and PROVIDED ceed the height of thirty-five (35) feet. further that in no case shall the rear SECTION 302 — "A" BUILDING yard be less than fifteen (15) feet. AREA—In the "A" Residential and SECTION 309 — "A" ACCESSORY Agricultural District, the total building BUTDINCl Agricultural the "A"Residential area shall not exceed twenty-five (25) and aDistrict, accessory per- percent of the total lot area. buildings may occupy forty (40). cent of the required rear yard up to SECTION 303—'A" SIZE OF LOT an average height of eighteen (18) feet. AREA—In the "A" Residential and The yard area allowed by such an- . Agricultural District, no building shall cessory buildings shall be included in be erected or altered on a lot having computing the percentage of lot area an area of less than twelve thousand to be built upon and PROVIDED . five hundred (12,500) square feet and further that no building of any kind a frontage of less than one hundred or nature shall be built within three (100) feet. (3) feet of any lot line. SECTION 304—"A"FRONT YARD— SECTION 310 — OFF-STREET In the "A" Residential and Agricul- PARKING AREA—In "A" Residen- tural District, the required front yard tial and Agricultural Districts, no shall be at least thirty-five (35) feet building shall be hereafter erected or from the street line. altered or added to in excess of fifty SECTION 305—Where property in (50) percent of its area prior to the the vicinity is partly built up with adoption of this Ordinance, unless not permanent buildings and an average less than one (1) parking space for setback line of more or less than each family unit therein shall be pro- thirty-five (35) feet has been estab- vided for. For all places of public as- lished, no buildings, hereafter erected sembly Including auditoriums, churches or altered, shall project beyond the and similiar public gathering places line of the average setback so estab- erected there shall be provided not lished. less than one (1) parking space for SECTION 306—In case of a corner each seven (7) permanent seats In lot of record at the time of the pas- such buildings or for each part of the sage of this Ordinance, a front yard total area within such building or shall be required; same to be on a line structure as is or may be made avail- with the average setback lines on both able for seven (7) Permanent or streets produced to a point of inter- temporary seats- The formula for pro- section and if no average setback has viding an adequate parking area is been established then a front yard, an area of three hundred thirty-four thirty-five (35) feet deep, shall be re- (334) square feet per required motor quired on each street front. or may be vehicle unit. decreased as a special exception by the Board of Appeals as hereinafter provided. _ SECTION 307—"A" SIDE YARDS-- In the "A" Residential and Agricul- tural District, there shall be two (2) side yards, one (1) on each side of the buildings, the total aggregate of both sides shall be twenty-five (25) feet and no one (1) side yard shall be Iess than ten (10) feet, PROVIDED that, In the case of a lot held in single and separate owner- ship at the effective date of this Ordinance, of a width less than one hundred (100) feet and,of an area les9 than twelve thousand five hundred (12,500) feet, a single family dwelling may be built thereon with side yards reduced fifty (50) percent and may be further reduced when authorized as a special exception by the Board of Appeals as hereinafter provided. SECTION 308—"A" REAR YARD— In the "A" Residential and Agricul- tural District, there shall be a rear yard having a minimum depth of twenty-five (25) feet, ARTICLE IIIA ae twenty-five•(25) feet and no one "M" Multiple Residence District (1) side yard shall be less than ten SECTION 350—In the "M" Multiple (10) feet. Residence District, no building or prem- SECTION 358—REAR YARD — In ices shall be used,and no building shall the "M" Multiple Residence District be hereafter erected or altered unless there shall be a rear yard having a otherwise provided in this ordinance minimum depth of twenty-five (25) except for one (1) or more of the Sol- feet. lowing uses: SECTION 359 — OFF-STREET 1—All permitted uses in "A" Resi- PARKING AREA — In the "M" denttal and Agricultural and "M-1" Multiple Residence District, no build- Multiple Residence Districts. Ing shall be hereafter erected or altered 2—Hotels and motels. or added to in excess of fifty (50) 3—Tourist cottages. (More than one percent of its area prior to the adop- (11 Tourist Cottage may be permitted tion of this Ordinance, unless a mini- on a lot when authorized as a special mum provision for off-street parking exception by the Board of Appeals as shall be made as follows: hereinafter provided.) (a) Dwellings — One (1) parking 4—Tourist camps, when authorized space for each family unit. as a special exception by the Board of (b) Hotels, boarding and tourist Appeals as hereinafter provided. houses— One (1) parking space for 5—Marinas for the docking, mooring each two (2) guest rooms. or accommodation of non-commercial (c) Motels and Tourist Cottages — boats when authorized as a special ex- One (1) parking space for each guest ception by the Board of Appeals as room or dwelling unit. hereinafter provided. SECTION 360—SIGNS—In the "M" 6—Accessory uses of the same lot Multiple Residence District the follow- with and customarily incidental to any Ing signs are permitted. permitted use and not involving the 1—Signs permitted in an "A" Resi- conduct of a separate business. dential and Agricultural District. SECTION 35I—HEIGHT— In the 2—On premises used for hotel, motel, "M" Multiple Residence District, no boarding and tourist house purposes, building hereinafter erected or altered unless otherwise provided as a special shall exceed thirty-five (35) feet or exception by the Board of Appeals as three (3) stories in height. hereinafter provided, one (1) advertis- SECTION 352—BUILDING AREA— Ing sign, either single or double faced, In.the "I"Multiple Residence District, not exceeding fifty (50) square feet In the total building area shall not exceed area, the lower edge of which shall be fifty (50) percent of the lot area. not less than four (4) feet above the SECTION 353 — SIZE OP LOT ground, and the upper edge of which AREA—In the "M" Multiple Reel- shall not exceed more than thirty-five dance District, no building shall be (35) feet above the ground. Such sign erected or altered on a lot having an shall advertise only the business con- area of less than twelve thousand five ducted on the premises,and shall be set hundred (12,500) square feet and a back not less than five (5) feet from frontage of less than one hundred all street and property lines. (100) feet. SECTION 354 —FRONT YARD — In the"M" Multiple Residence District, the required front yard shall be not �^J less than thirty (30) feet. SECTION 355—Where the property in the vicinity is partly built up with permanent buildings and an average setback line has been established, no building hereinafter erected or altered shall project beyond the line of the average setback so established. SECTION 356 — In the case of a corner lot of record at the time of the adoption of this Ordinance, a front yard shall be required.Where an aver- age setback line has been established on each street, the yard depth shall be established on a line with said average setback lines projected to a point of intersection. If no average setback lines have been established, the required front yard shall not be less than thirty-five (35) feet from each street line unless decreased as a special exception by the Board of Appeals as hereinafter provided. SECTION 357—SIDE YARDS — In the "M" Multiple Residence District, there shall be two (2) side yards, one (1) on each side of the buildings, the total aggregate of both side yards shall ARTICLE III B 22—The stripping of land to secur. loner edge of which shall be not less "M-I" Multiple Residence District satisfactory top soil for grading or than three (3) feet above the ground SECTION 370—In the"at-1"Multiple other purposes is permitted, provided and the upper edge of which shall not Residence Dis'rlct, no building cr material so obtained is used on the extend more than fifteen (15) feet premises shall be used, and no build- immediate permises. If a building is six (6) inches above the ground,which ing shall be hereafter erected or altered being constructed or altered material sign shall be set back not less than unless otherwise provided In this Or- excavated in connection with such five (5) feet from all street and prop- dinance except for one (1) or more of construction or grading on the prem- erty lines and shall advertise only the the following uses; ises may be sold however. Cement business conducted on the premises, i—All permitted uses in "A" Itesi- block manufacturing, and natural pro- (b) WALL SIGNS—One (1) sign at- dentlal and Agricultural Districts, duction uses such as the excavation for Cached to or incorporated in each Dwellings designed for and cc- sale of sand, gravel, clay, shale or building wall on a public street and cupied by not more than four (4) other natural mineral deposit are per- advertising only the business condiict- families. milted only as a special exception by ed In such building,provided such sign 3—Boarding and tourist houses. the Board of Appeals. does not: 4—Accessory uses on the same lot SECTION 401—No building may be 1 —Exceed two (2) square feet In with and customarily incidental to any erected, altered, or used, and no lot or total area for each horizontal foot of permitted uses and not involving a premises except for agriculture may be such wall,and. used for any trade,industry or business ( \ separate business. SECTION 371—All premises in the that has been adjudicated a public "at-1"Multiple Residence District shall nuisance by a court of record. comply with the provisions of Article SECTION 402—"B"HEIGHT—in the IIIA with respect to building height, "B" Business District, no building building area, size of lot area, front hereafter erected or altered shall ex- yard, side yards, rear yard, off-street ceed fifty (50) feet_ parking area and signs. SECITON 403 — "B" BUILDING ARTICLE IV AREA—In the "B" Business District, "B" Business District no building shall be erected or altered or used in whole or in part as a dnell- SECTION 400—In the "B" Business ing to exceed seventy (70) percent of District, no building or premises shall the lot area be used, and no building shall be here- after erected or altered unless other- SECTION 404—"B"FRONT YARD— wise provided in this Ordinance,except In the "B" Business District, the re- for one (1) or more of the following quired front yard shall be at least uses: twenty-five (25) feet. 1—All permitted uses in the "A" SECTION 405—Where property In Residential and Agricultural. "M" the vicinity is partly built up with Multiple Residence, "M-1" Multiple permanent buildings and an average Residence, "B-1" Business and "B-2" setback line has been established, no Business Districts_ buildings hereafter erected or altered 2—Storage houses, shall project beyond the line of the 3—Ice manufacturers. average setback so established_ 4—Express carting or hauling offices or stations. SECTION 406—"B" REAR YARD- 5—Yards for storage and sale of fuel In the"B"Business District,if a build- and building materials. ing Is used in whole or in part as a 6—Printing plants. dwelling, there shall be a rear yard 7—Bookbinding plants_ having a minimum depth of fifteen 8—Laundry, dry cleaning and dyeing (15) feet. PROVIDED further that,In plants_ the case such building is over forty (40) 9—Creamery,butter and cheese mak- feet high, the depth of the rear yard ing and milk bottling and distributing shall be increased five (5) feet for plants. each ten (10) feet or fraction thereof 10--Carpenter shops. which the building exceeds forty (40) 11—Plumbing shops_ feet in height, 12—Blacksmith shops. SECTION 407 — "B" DENSITY OF 13—Electrician shops. POPULATION—In the "B" Business 14--Upholsterer shops. District, no building shall hereafter be 15—Tinsmith shops. erected or altered to accommodate or 16—Painter shops. make provisions for more than twenty I7—Marinas, commercial docks, corn- (20) families on one (1) acre of ground mercial fuel docks and piers- or more than a proportional number of 18—Ferry docks and ferry houses, families on a fractional part of any 19—Boat yards, boat storage yards acre of land, based on the require- and boat storage basins, merits as outlined above. 20—Any manufacturing, fabricating, SECTION 408 — SIGN9 — Unless treating, converting, finishing, altering otherwise authorized as a special ox- or assembling, In connection with the aforesaid permitted uses and which caption by the Board of Appeals as is a necessary incident and accessory hereinafter provided, the following to the preparation of articles to be sold signs are permitted in a "B" Business primarily on the District: premises or to the performing of a service primarily for (a) DETACHED OR GROUND residents of the neighborhood. SIGNS — One (1) sign, single or 2I—Accessory use on the same lot double faced, not more than six (6) with and customarily incidental to any feet six (6) inches in height and twelve of the above permitted uses. (I2) feet six (6) inches in width, the •