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HomeMy WebLinkAboutTB-11/01/1988 $ 82 SOUTHOLD TOWN BOARD NOVEMBER 1, 1988 WORK SESSION Present: Supervisor Francis J. Murphy, Justice Raymond W. Edwards, Councilwoman Jean W. Cochran (A.M. session only--ill in P.M.) , Councilman George L. Penny IV, Councilwoman Ruth D. Oliva, Councilwoman Ellen M. Larsen, Town Clerk Judith T. Terry, Town Attorney James A. Schondebare (10 A.M.) . 9:00 A.M. - With Water Advisory Committee members Robert Villa, Mark McDonald, William Gremler, James Monsell, Frank Bear (Chairman) , and Walter Smith in attend- ance, Mark McDonald made a presentation to the Board on the proposed Core Water- shed Protection Area, a report prepared by a subcommittee consisting of Robert Villa and Mark McDonald. Mr. McDonald reviewed .previous watershed protection studies designed to utilize the groundwater divide in the areas of deepest recharge, since water quality is the most difficult problem for the bulk of the Town. The proposed area runs along both sides of Route 48 between Mattituck and Southold, with two smaller areas near Laurel Lake. He emphasized that creating a Watershed Protection Area without measures to ensure the quality of water within the area would be .a hollow action, therefore there must be regulations to promote and maintain a high waulity water supply. Ownership of the land by the Town is the ideal solution, but financially unfeasible, therefore regulations to cluster and transfer of development rights is proposed. Creation of three new zoning districts is also proposed: Water Protection Zone, Clustering Zone and Transfer of Development Rights Receiving Zone., Water Advisory Committee member William Gremler stated that he does not subscribe to the entire Core Watershed Protection Area, while Councilwomen Oliva and 'Larsen were completely in favor. Councilman Penny opposed the plan, stating that the Town should establish four twenty acre plots to serve as recharge areas for wells. He also questioned whether farmers aren't being sold out. The WAC will continue their studies and return to meet with the Board in the near future. 10:15 A.M. - Joseph Fischettl and Steven Fuchs, owners of a proposed major sub- division "The Woods at Cutchogue", met with the Board to discuss the amount of money to be deposited in lieu of land for park and playground. They pointed out that they have revised their cluster concept for the subdivision, thus providing for a 12 acre parcel of land to be dedicated to the Town. the Board agree to accept $4,800 in lieu of park and playground (see resolution no. 18) 10:30 A.M. - Town Attorney Schondebare informed the Board that the Costello affordable housing project at the corner of Moores Lane and Route .48, Greenport, has been abandoned due to their inability to obtain sewer lines from the Village of Greenport. Mr. Schondebare informed the Board that in accordance with the AHD regulations the property now reverts back to its former zoning which is "M" Multiple Residence District. 10: 40 A.M. - Planning Board Chairman Bennett Orlowski met with the Board to review certain Planning Board needs: additional office space; a Site Plan Ordinance; regula- tions regarding sand leaving Town as has been happening with certain subdivisions; the need for a coordinator between the Planning Board, Building Department, Board of Appeals, etc. ; duties of a proposed Towri Engineer; the manner in which the Planning Board handles their applications--meeting with the public only at regular meetings. In the past the Board had met with the public on an informal weekly basis, but were only able to handle four to six applications. They now meet with Planner Valerie Scopaz to review the applications and can handle 40-80 per session, after with Planner Scopaz relays the Board's recommendations and decisions to the applicants. 11 :05 A.M. - Edward Dart, Chairman of the Tree Committee, met with the Board to bring them up to date on the work of the committee, who have been working for the past 12 months to develop a Tree Ordinance. They have now developed a project to find old and historic trees and compile an inventory of them, as asked for the Board's permission to put advertisement of same in the local newspapers--granted. Mr. Dart also briefly discussed a proposal for tree work and pruning, an annual Arbor Day, and possible fund raising for a tree planting program. 11 :40 A.M. - John deReeder met with the Board to discuss the Bed and Breakfast regulations. He feels the permission to have a bed and breakfast, granted as a Special Exception by the Board of Appeals, should terminate upon transfer of owner- ship, and a new owner must apply to the ZBA if they wish the same use. Town Attorney Schondebare advised Mr. deReeder ,that he wrote the bed and breakfast provision of the code and the intent was to be owner occupied and the bed and breakfast would be subordinate. r . • NOVEMBER 1, 1988 3 3 3 EXECUTIVE SESSION 12 Noon - Town Attorney Schondebare and Assistant Town Attorney Berntsson met with the,:Board to, discuss litigation. 1 :50 P.M. - Recess for lunch. 2:30 P.M. - Board began auditing bills. 2: 45 P.M. - George Desmarais, P.E. , and Mike Tumulty, P.E. , Holzmacher, McLendon and Murrell, P.C. , and Paul Roth and Dan Morganelli of the New York State Depart- ment of Environmental Conservation, met with the Board to discuss the proposed expansion of the Cutchogue Landfill in respect to the revised 6NYCRR Part 360 regulations, and the hydrogeologic investigation ad the landfill site. Mr. Roth advised the Board that under the new regulations, landfills may only exist if they receive by products of resource recaverty or- composting. He informed them that the proposed 10 acre expansion would seriously affect the water table in the area, thus would. not be permitted, unless a double liner is installed, the cost of which is astronomical. The proposed composting, facility will not be affected by these new regulations. 4: 10 P.M. - Richard Israel appeared before the Board to ask if a traffic study, compiled by his consultant Merlon Wiggin, would be acceptable for the DEIS with respect to his Affordable Housing change of zone petition. One engineering firm said such a study would take about two months and cost $8,500. It was suggested Mr. Israel try other firms. 4:30 P.M. - Board reviewed regular meeting resolutions. 4: 45 P.M. - Completed auditing bills. 5:00 P.M. - For Discussion Items: (1) Receipt of a letter from Florence Grippe requesting the restriction of the use of water scooters in town waters. (2) Discussion relative to the amount to be deposited with the Town in 'lieu of land for Park and Playground purposes by the owner of Chardonnay Woods major subdivision---(see resolution no. 27) . (3) Approval of expenditure for an East End study of a trash disposal system (see resolution no. 26) . 5: 10 P.M. - Work Session adjourned. REGULAR MEETING 7 :30 P.M. A Regular Meeting, of the Southold Town Board was held on Tuesday, November 1, 1988, at the Southold Town Hall, Main Road, Southold, New. York. Supervisor Murphy opened the meeting at 7:30 P. M. with the Pledge of Allegiance to the Flag. Present: Supervisor Francis J. Murphy Justice Raymond W. Edwards Councilman George L. Penny IV Councilwoman Ruth D. Oliva Councilwoman Ellen M. Larsen Town Clerk Judith T. Terry Absent: Councilwoman Jean W. Cochran SUPERVISOR MURPHY: The first order of business is an approval of the audit of the bills of November 1, 1988. Moved by Councilwoman Oliva, seconded by Justice Edwards,`it was RESOLVED the the following audited bills be and hereby ordered paid: General Fund, Whole Town bills in the amount of $78,331 .74; General Fund, Part Town bills in the amount of $35,413.28; Highway Department, Whole Town bills in the amount of $10,680.25; Highway Department, Part Town bills in the amount of $4,734.34; Highway Fund, CHIPS bills in the amount of $28,892.62; West Creek Estates Road Improvement District bills in the amount of $89.70; Southold Wastewater District bills in the amount of $16,070.22; Fishers Island Ferry District bills in the amount of $9,469.54; Fishers Island Ferry District, Agency and Trust bills in the amount of $318.01 ; Nutrition Fund bills in the amount of $4,107.93; Adult Day Care Program bills in the amount of $408.92; Home Aide Program bills in the amount of $146.32; SNAP Program bills in the amount of $3,014.35; Computer Capital Account bills in the amount of $66,724.00; Community Development Fund bills in the amount of $103.32 34 g NOVEMBER 1, 1988 Vote of the Town Board; Ayes: Councilwoman Larsen, Councilwoman Oliva Councilman Penny, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Next is a resolution approving the minutes of the Town Board meeting of October 18, 1988, the special meeting of October 25, 1988, and the special meeting of October 27, 1988. Moved by Councilman Penny, seconded by Councilwoman Larsen, it was RESOLVED the the minutes of the regular Southold Town Board meeting held on October 18, 1988, the minutes of the special Southold Town Board meeting held on October 25, 1988, and the special Southold Town Board meeting held on October 27, 1988 be and hereby approved. Vote of the Town Board; Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Next is a resolution setting the next meeting date for November 15, 1988, 7:30 P.M. Moved by Councilman Penny, seconded by Councilwoman Larsen, it was RESOLVED that the next regular Southold Town Board meeting will be held at 7:30 P.M. , Tuesday, November 15, 1988, Southold Town Hall, Main Road, Southold, New York. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. I. REPORTS SUPERVISOR MURPHY: The first item on the agenda are Reports. These are on file at the Town Clerk's Office. 1 . Times Mirror Cable Television report for October, 1988 2. Town Trustees monthly report, October, 1988. 3. Recreation Department monthly report, October, 1988. 4. Town Justice Price, monthly report for September, 1988 5. Councilmen's Reports. At this time I would like to ask any of the Councilman if anything special to report, starting on my right with Ruth. COUNCILWOMAN OLIVA: Thank you, Frank. On Wednesday, October 19th, Don Dzenkowski, our Bay Constabi is very kind and took out our Planner Valerie Scopaz, and the people from the State on the Water Revitali- zation Program, Peter Walsch, and we went out and we looked at Richmond Creek, Corey Creek, Town Creek and Jockey Creek to familiarize the State people of what our Town looks like from the water. It was a most rewarding trip and it was very interesting. It brought them up to date on what's going on. On October 19th, we had a Police Committee .meeting with the PBA. On October 25th, we had an Inland Waterways Committee, which the chairman will report on, we also spoke about the budget. On October 26th, we had a Budget Committee meeting, and also we spoke about the Landfill, and we ha a full Landfill Committee meeting on the 27th, and we also discussed- the budget. On October 31st, we also had a Police Committee meeting. I thank you, Frank. SUPERVISOR MURPHY: George? Thank you, Ruth. COUNCILMAN PENNY: On the 19th, I attended the meeting of the Police Committee. - We're negotiating a two year contract with the PBA. On the , we ad a budget meeting. On the 26th, we had a Landfill meeting, we're discussing dump tees, in anticipation of putting in some revenues from the Landfill in the Budget to help reduce taxes. On the 27th, we had a meeting Landfill again, with H2M, and we discussed some of the proposals that have come into us for our composting system. On the 31st, met with the Police Committee, again, with the Chief of Police, and we discussed a new Boston a er, 25 footer, for next year to cover the Long Island Sound. We're going to send for a list for a Bay Constable. We're going to replace a part-timer with another full-timer, and we got into other discussions on the contract. Somewhere along the line I missed mentioned that we had three days, back to back, of Budget meetings, which were very productive in a long run. We were able to reduce the Supervisor's Proposed Budget from 172% to. somewhere around 1020, and we did it mainly by increasing fees and by reducing some of the insurance costs that we were anticipating having to spend on next year, and we also reduced the New York State Retirement, the unbilled retirement. And that's it. Thank you. SUPERVISOR MURPHY: Thank you, George. Ellen. COUNCILWOMAN LARSEN : I, also, participated in the meeting, previously reported on by George and Ruth. Not to sound repetitious, we did go over -NOVEMBER 1, 1988 385 our budget and composting. It's been a busy week with many meetings during that week. I, also, held =a rne`etffiq f,the:`inland Waterways Committee on the 25.th of October, specifically to discuss pump-out facilities within the Town of Southold. We met primarily with several marina operators within the Town, and we reviewed two studies that were done. One specifically by Jay Tanski, of Sea Grant, on pump-out facilities, and another one prepared by PIZM for tne I own of Easthampton on pump-out facilities. It was determined by all persons that the best way to proceed at this point, would be to formulate a questionaire and send it to the marina owners and several other areas where there is a large amount of boats to see how many boats we're talking about exactly. Also, I attended the ZB�A meeting on the same day. Thank you. SUPERVISOR MURPHY: Thank you, Ellen. Judge Edwards? JUSTICE EDWARDS: Thank you, Francis. Yesterday I left Fishers Island at noontime, and had a ten min6te layover in New London. I got the 1 :00 o'clock New London ferry to Orient. Drove on through to Motor Vehicle. Had five pieces of work done, and dropped off about 25 driver liscense applications, in Riverhead Motor Vehicle. I'll pick them up tomorrow. I'll be taking the Motor Vehicle camera back to the island. I have 25 or 30 photographs to take .next week, and with this weather we're having today, imagine the Fishers Island is going to be burning their brush up over there. It's been held up with some crazy.-lack of regulations, or. lack of certificate, but it's all taken care of,and I imagine they had big fire over there today, because it's been a month and a half. They're waiting for a north- eastern rain so the . . . . .does go.-over to Groton and gather on Mr. McCarthy's cars over there. And I, also, attended the Budget session and the Landfill meetings, and I'm very glad that some of the efforts we did, did lower the tax rate. That was on the 25th and -the 26th. They're still digging some more wells on the island, and see the well drillers over to an existing well that had quite a heavy iron content. Apparently they're going 'to pull up the sleeve and put another one down in its -place, maybe go down a little deeper. Thev've qot four or five qood wells, producing wells, drilled on .� the island, and now they have discontinued temporally using the 500,000 gallon reservoir that's up on, what we call Choucanoy Hill, it's up about 180 foot above sea level, and they've discontinued using that water in there. They've gone inside, completely cleaning it out, and going to put skidproof cement on the inside. The first time it's had any serious maintenance done on it in over fifty .years. The . . . . . .plant is taking the water out of the Billow Pond, filtering it, airating it, and pumping it directly into the line, and they just have keep on tap in case there's any from there to any of the fire hydrants. They have to just get up there and hitch the pressure. up, and with the pressure that they've been putting on the lines, there's been a few main breaks over there, because, again, the distribution system is also over fifty years old, and some of these old cast iron pipes are about on their last legs, so they've got a lot of money to spend on the water system on Fishers Island. I have Court tomorrow morning in here, and after that I'll go out to Riverhead and get a rebriefing on the camera, put the camera in my Blazer and hope to get the 3:00 o'clock ferry back to New London and the quarter to six back to Fishers Island tomorrow night. One last thing, I don't know if any of you people went down there to. Mattituck, but that house on Route 25 , on the north side of the road, all the pumpkins they had lit up last night, it was certainly a beautiful sight. I don't know if anyone got any pictures of it, but if they did, 1'd certainly like to have one to take back to the island. Very, very nice. Thank you. SUPERVISOR MURPHY: Thank you, Ray. Yes,. the last two weeks were probably the busiest for the entire To%%n Board, that I ever remember in a long while, and an awful lot of work was done, I'm very happy to say, that we were able to reduce the budget down to, I think, a fair and equitable gross rate. Mainly, we had a favorable decision from the Attorney from the Association of Towns, who in conjunction with the Controller, said its perfectly legal for us fund this retirement, unbilled retirement,account over' a longer period;of time, than the two. years we were anticipating. So we're very happy to see it. II. PUBLIC NOTICES. SUPERVISOR MURPHY: Moving on to Item II on the agenda, Public Notices. There are eight of them. Probably the one of most interest is Number _7, Southold Town Highway Department notice of the clean-up week on November 14, 1988 through the 18th, 1988. This, with new fees we're anticipating to put into the Landfill will probably be the last year of it. It was a very good program, and it's one that's being abused, really too much lately. There's, when you go down to the Orient Point Ferry tomorrow, Ray, look on the road right there, someone, I think has demolished a building, and put it out on the State highway. It's probably a minimuim of two forty yard trailers that we'll have cart into the Landfill for somebody. who thought NOVEMBER 1, 1988 386 it's easy to put it out on the road and then we'll cart it to the Landfill. This is one of the reasons why we have to go into fees, and programs like this that we started many years ago, and served the purpose have now outgrown their usefulness. With the fee structure, if we ever started picking up for free, we'll be picking up all the garbage in the whole area that's been saved for a whole year. Hopefully, we can continue part of it, but it certainly doesn't look like it. But, we fully expect to start a fee structure for construction demolition,debris, leaves, brush, that type of stuff, going into the landfill shortly, around the first of the year. I . U. S. Army Corps of Engineers, N. Y. District, public notice on application of Dolores Holman for construction of groins and placement of beach fill at Little Peconic Bay, Southold, New York. Written comments by November 14, 1988. 2. U. S. Army Corps of Engineers, N. Y. District, public notice of application of Mattituck Inlet Marina to dredge and install a floating pier at Mattituck Creek, Mattituck, New York. Written comments by November 14, 1988. 3. U. S. Army Corps of En ineers, N. Y. District, public notice on application of Nicholas Therharides to construct a floating pier and dredge Town Creek, Shelter Island Sound, Southold., New York. Written comments by November 14, 1988. 4. U. S. Army Corps of Engineers, N. Y. District, public notice on application of Kenneth Rock to replace bulkhead and dredge with ten year maintenance at Broadwater Cove, Little Peconic Bay, Cutchogue, New York. Written comments by November 14,- `1988. S. U. S. Army Corps of Engineers, N. Y. District, public notice - on application of Arthur Bulnowski to construct a groin and place beach fill at Peconic Bay, Bayview, Southold, New York. Written- comments by November 14, 1988. 6. U. S. Army Corps of Engineers, N. Y. District, public notice on application of Nassau Wholesalers, Inc. to establish a shellfish growout area in Gardiners Bay; East Marion, New York. Written comments by November 21, 1988. 7. Southold Town Highway Department, Notice of "Clean-up Week" 'from November 14, 1988 through November 18, 1988. 8. Announcement-of Public Meetings and Public Hearings for the New York Bight Restoration Plan, November 9, 1988, through December 14, 1988. Written comments by December 29, 1988. III. COMMUNICATIONS. SUPERVISOR MURPHY: Moving on to the third item on our agenda are communications. One from the Fire Police to the Town, from Howard Terry, acting Chairman of the Fire Police Committee. Another one from Brenda L. Cichanowicz, on the spring and fall clean-up week from the Highway Depart- ment and again, this is exactly what we're talking about. Where people are putting out too much stuff. And another one is a very good one, thanking the Southold Town Police for doing very good work. 1 . Howard Terry, Acting Chairman of the Southold Town Fire Police Committee, requesting that the Town not issue permits for events which tie up traffic on the highways. 2. Brenda L. Cichanowicz, a Cuthchoge resident, urging the Town to discontinue "Clean-Up Week". 3. Pamela J. Stearns, Around the Clock on Patrol, Calverton, N. Y. commending, officers in the Southold Town Police. IV. PUBLIC HEARINGS: SUPERVISOR MURPHY: Item IV on the agenda are public hearing. These is one scheduled at 8:00 o'clock. I. Proposed "Local Law in Relation to Zoning". V. RESOLUTIONS. SUPERVISOR MURPHY: We'll move on to Item V, which is resolutions. I'd like to remind everybody, anyone who would like to speak on a proposed resolution, you may do so at this time. If you would like to address .the Town -Board after the resolutions are all finished, we will have time at the end of the meeting to hear any other comments. We ask you to limit your comments to Town Board resolutions, at this time. Is there anyone in the audience who would like to address the Town Board, on a proposed resolution? (No response.) Hearing none, we'll move on to the first, which is a trailer permit renewal. 1 ."-Moved by Justice Edwards, seconded. by Councilwoman Larsen, it was RESOLVED that the application of Ange & Barbara Boursiquot for renewal of their single family house trailer located on private road off of the north side Main Road, Mattituck, New York, which permit expires on November 4, 1988, be and hereby granted for a six (6) month period. NOVEMBER 1, 1988 87 1 .-Mote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Murphy. This resolution was declared_:.d0Iy"'ADOPTED °'`:`' SUPERVISOR MURPHY: Number 2 is to set a public hearing. 2.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby 'sets 8:00 P.M., Tuesday, November 15, 1988, Southo.ld Town Hall, Main Road, Southold, New York as time and place for a public_ hearing to obtain Citizen's views on local needs to be met with 1989 Federal Community Development Block . Grant Funds. SUPERVISOR MURPHY: I would; to comment and ask the press. to report on this and try to get some information out to various organizations, whatever, library, CAST, any organizations, drug counseling. This is where we have to hear- of the requests from the community, so that we can allocate these funds. 2.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Murphy. This resolution==..-was declared duly ADOPTED. SUPERVISOR MURPHY: Number 3 is to grant permission to attend a conference.. 3.-Moved by Councilman Penny, seconded by Councilwoman Larsen, it was RESOLVED that the Town Board of the Town of Southold hereby grants the following individuals permission to attendthe Wednesday, December 7, 1988, OR the Thursday, December 8, 1988 One-Day Short Course, "An Introduction to Airphoto Interpretation with Emphasis on Land Use". sponsored by Cornell Cooperative Extension Association- Suffolk County, and Cornell Laboratory for Enviromental Applications of Remote Sensing (CLEARS), Cornell University, and the actual expense for meals, travel, and $70.00 per person registration shall be a legal charge against the individual department budgets: Valerie Scopaz, Planner, Melissa Spiro, Assistant Planner (Planning Board Budget), Any Town Board Member (Town Board Budget) . 3.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 4 is to hire E.F.Kaldor,C.P.A. to do an audit on the Scavenger Waste Plant 4.-Moved by Councilwoman Larsen, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby engages the services of E.F. Kaldor, C.P.A,P.C. to make an audit of the books and records of the Southold Wastewater Disposal District for the year ended December 31, 1987, at a cost not to exceed $2,500.00. 4.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: I might add 'on that one, we're able to do it now, .the first time, only because the construction for a phase of it has finally been finalized. Number 5.is to set a public hearing. 5.-Moved by Justice Edwards, seconded by Councilwoman Larsen, WHEREAS, there has been presented to the Town Board of the Town of Southold a proposed Local Law entitled,"a Local Law in Relation to Vehicles and Traffic"; now, therefore, be it RESOLVED that the Town Board hereby set 8:05 P.M. , November 15, 1988, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on the aforesaid proposed Local Law which reads as follows, to wit: A Local Law in Relation to Vehicles and Traffic BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 92, Vehicles and Traffic, of the Code of the Town of Southold is hereby amended as follows: 1 . Section 92-42 is hereby amended by adding thereto the following: NAME OF STREET SIDE BETWEEN THE HOURS OF LOCATION Pike Street South 6 A.M, and 6 P.M. In Mattituck, from the easterly curbline of Maple Avenue, easterly for a distance of 245 feet. if. This Local Law shall take effect upon its. filing with the Secretary of State. i NOVEMBER 1, 1988 38. 8 5.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor ,Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 6 is to appoint a traffic warden. 6.-Moved by Councilwoman Larsen, seconded::by Councilman Penny,, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Emil J. Pupecki as a Traffic Warden for October 31, 1988 (Halloween), to guard the businesses in Peconic, at a salary of $6.50 per hour. 5.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 7 is to appoint a health aide. 7.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby appoint Janet Licata as a Health Aide in the Senior Adult Day Care Pro ram, effective October 12, 1988, 20 hours per' week, $4.50 per hour. 7.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. i SUPERVISOR MURPHY: Number 8 is to grant permission to Senior Bay Constable Don Dzenkowski to attend a one day seminar. I offer that resolu- tion. 8.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Senior Bay Constable Donald Dzenkowski to attend a one day seminar on Tuesday, November 22, 1988, at the Gideon Putnam Hotel, Saratoga State Park, Saratoga Springs, New York, for the purpose of obtaining certification under the Impaired Boater Recognition Program, second phase; and the necessary expenses for meals, lodging and, the use of a Town vehicle for travel shall be a legal charge against the Bay Constable's 1988 Budget. 8.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY:Number 9 is to set a public hearing. 9.-Moved by Councilwoman Oliva, seconded by Justice Edwards, WHEREAS, there has been presented to the Town Board of the Town of Southold a proposed Local Law entitled, "A Local Law in Relation to Sewer"; now, therefore, be it RESOLVED that the Town Board hereby set 8:07 P.M., Tuesday, November 15, 1988, Southold Town Hall, Main Road, Southold) New York, as time and place for a pLbhic hearing on the aforesaid proposed Local Law which reads as follows, to wit: A Local Law in Relation- to Sewers BE 'IT ENACTED BY THE Town Board of the Town i of Southold as follows: I. Chapter 76 (Sewers) of the Code of the Towni of Southold is hereby amended as follows: 1 . Section 76-21 .A. is hereby amended to read as follows: A. In addition to any and all other fees and charges provided by law, the owner of a parcel of land served by the sanitary sewer system of the FISD shall pay an annual sewer rent for the use of such sanitary sewer system, which shall be based upon an annual charge of one hundred seventy- five dollars ($175.) for each separate dwelling unit served by the system. Such annual sewer rents shall be paid in seniannual installments of eighty seven dollars and fifty cents ($87.50) on the first days of January and June of each year. 11. This Local Law shall take effect upon its filing with the Secretary of State. COUNCILMAN PENNY: Can I have a question on this? Jay, is this meant to collected with the annual taxes? Oh, we just increased the fee. 9.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor'Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 10 is to authorize a refund. NOVEMBER 1 , 19883, 89 10.-Moved by Councilwoman Larsen, seconded by councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of $150.00 to Carol T. Kleinfeld., which sum represents the fee for a variance to the Board of Appeals,Y-�which application was .withdrawn when the applicant subsequently -was able to obtain a building permit for an alternative plan without a variance being necessary. 10.-Vote of the Town Board: Ayes±- Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 11­is to 'execute an agreement. 11 .-Moved by Councilman Penny, seconded by Councilwoman Oliva, it.was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to execute an agreement between the Town of Southold and the North Fork Housing Alliance Inc. , whereby the North Fork Housing Alliance Inc. will implement a Home Improvement Program and a Rental Rehabilitation Program for the period of April 7, 1988 through the completion of all home improvement projects funded with 1988 Community Development Block Grant funds and the completion of all Rental Rehabilitation projects funded with 1988 Rental Rehabilitation funds, in consideration of the payment by the Town' of the sum of $9,000.00 for the North Fork Housing Alliance Inc. ; said agreement subject to the approval of Town Attorney Schondebare. 11 .-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY:Number 12 is a transfer of personnel. 12.-Moved by Councilwoman Larsen, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby transfers Joan Schneider to the. Office of the Town Trustees as a provisional Clerk Typist, effective immediately, and abolishes the position of Stenographer in the Office of the Town Trustees and the position of Clerk Typist in the Office of the Town Attorney. 12.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 13 is a resolution to create the position and set a salary of $19,000.00 for a Legal Stenographer in the Town Attorney's Office. I offer that resolution. ' 13.-Moved by Supervisor Murphy, seconded by Councilwoman Larsen, it was RESOLVED that the Town Board of the Town of Southold hereby creates the position of Legal Stenographer for the Office of the Town Attorney, sets a salary of $19,000.00 per annum (1988 rate) for said position, and authorizes and directs Supervisor Francis J. Murphy to request a Suffolk County Department of Civil Service Certification of Eligibles for said position. (Salary steps for this position shall be the same as for Stenographer under the CSEA contract) . 13.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 14 is to .execute an agreement. 14.-Moved by Justice Edwards, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to execute the 1989 New York State Division for Youth Project Application for the Southold Town Recreation Department.. 14.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 15 is to grant permission to Assistant Town Attorney Robert H. Berntsson to attend a Code Administration and Enforcement Training Session. I offer that resolution. 15.-Moved by Supervisor Murphy, seconded by Councilwoman Larsen, it. was RESOLVED tha the Town Board of the Town of Southold hereby grants permission to Assistant Town Attorney Robert H. Berntsson to attend a Code Administration and Enforcement Training Session, sponsored by the Suffolk County Department of Fire, Rescue 8 Emergency Services, on December 6, 7, 8, 1988 at the Suffolk County Fire Academy, and the necessary expenses for meals and travel shall be a legal charge against the Town Attorney's 1988 Budget. 390 NOVEMBER 1, 1988 15.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 16 is to request 'a civil service list. 16.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to request a Suffolk County Department of Civil Service Certification of Eligibles for a contingent perma- nent position of Clerk Typist for the Board of Assessors. 16.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 17 is to attend another conference. 17.-Moved by Councilwoman Larsen, seconded by Cou ncilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Acccount Clerk Barbara Rudder to attend a meeting on the Empire Plan Core Enhancement Benefit packages and premuim rates effective January 1, 1989, to be held at the Riverhead Town Hall, from 1 :00 P.M. to 4:00 P.M. on Wednesday, November 2, 1988, and the use of a Town vehicle for transportation. 17.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 18 is to set a fee, for the park and playgrounds. 18.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby determines that the amount of $4,800.00 shall be deposited with the Town in lieu of land for Park and Playground purposes by the owners of The Woods at Cutchogue, major subdivision located west of Depot Lane, Cuchogue, New York. 18.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 19 is to execute another agreement. 19.-Moved by Justice Edwards, seconded by Councilwoman Larsen, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to execute the 1989 Suffolk County Youth Bureau Project Application for the Southold 'Town Youth Services Program. 19.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor M rphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 20 is to authorize another application. 20.-Moved by Councilwoman Oliva, seconded by Councilwoman Larsen, it was RESOLVED that the Town -Board. of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to execute the 1989 New York State Division for Youth Project Application for the Southold Town Juvenile Aid Bureau. 20.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor .Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 21 is to approve bond estimate. 21 .-Moved by Councilwoman Larsen, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby approves the amount of $31.9,680.00 for a bond for roads and improvements in the major subdivision of The Woods at Cutcho ue, all in accordance with the recommendation of the Southold Town Planning Board and Sidney B. Bowne S Son, Engineers. 21 .-Vote of the Town Board: Ayes-!- Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 22 is another bond' estimate. 22.-Moved by Justice Edwards, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby approves the amount of $75,362.50 for a bond for roads and improvements in the - 4 NOVEMBER 1 , 1988 391 major subdivision of Henry Arbeeny.; •all in accordance with the recommenda- tion of the Southold Town Planning Board and Sidney B. Bowne & Son, Engineers. 22.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 23 is approve the amendments to Chapter A106, . Subdivision of Land. I offer that resolution. 23.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby approves the following amendments to Chapter A106, Subdivision of Land, of the Code of the Town of Southold, as approved by the Southold Town Planning Board following a public hearing on same: Chapter A106 (Subdivion of Land) of the Code of the Town of Southold is hereby amended as follows: 1 . §A106-22.A. (2) is hereby. amended to read as follows: (2) All applications for plat approval for minor subdivision shall be accompanied by-a fee of five hundred dollars ($500.00) per lot, together with an inspection fee of one thousand dollars, ($1,000.00) . 2. § A106-23.A. (2) is hereby amended to read as follows: (2) The application filed with the Town Clerk shall be accompanied by a fee of one thousand dollars ($1',000.00) plus one hundred dollars ($100.00) per acre, or part thereof, in the proposed subdivision. An inspection fee equal to six percent (60) of the amount of the approved performance bond must be paid after approval of the Bond amount by the Town Board and before final approval of the plat. 23.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 24 is to set a public hearing. Set 3:00 P.M. and 7:30 P.M., Thursday, December 1, 1988, Southold Town Hall for a public hearing on the 'Local Law to amend the Southold Town Zoning Code and the Zoning Map incorporated therein, to implement in whole or in part, the recommendations of the Master Plan Update prepared by the Planning Board.." 24.-Moved by Supervisor Murphy, seconded by Councilwoman Larsen, WHEREAS, there has been' presented to the Town Board of the Town of Southold a proposed Local Law entitled, "A Local Law to amend the Southold Town Zoning Code and the Zoning Map incorporated therein, to implement in whole or in part, the recommendations of the Master Plan Update prepared by the Planning Board"; now, therefore, be it RESOLVED that the Town Board hereby sets 3:00 P.M. and 7:30 P.M., Thursday, December 1, 1988, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on the aforesaid proposed Local Law which reads as follows, to wit: A Local Law to amend the Southold Town Zoning Code and the Zoning Map incorporated therein, to implement, in whole or- in part, the recommendations of the Master Plan Update prepared by the Planning Board INDEX Zoning Code Amendments Article I - General Purposes Pages 100-10 Purpose T 100-11 Interpretation E Conflicts 1 100-13 Definitions 1-10 Article II - Districts 100-20 District Designations 11 100-21 Zoning Map 11 100-23 Effect of Establishment of Districts 11 Article III - Agricultural-Conservation District Low Density R-80, R-120, R-200, R-400 Districts 100-30 Purpose .11-12 100-31 Use Regulations 12-19 100-32 Bulk, area & parking requirements 19-20 100-33 Accessory buildings 20 3 9 2 NOVEMBER 1, 1988 Article IIIA - Low Density Residential R-40 District • I 100-30A Purpose 21 100-31A Use Regulations 21 100-32A Bulk, area S parking requirements 21 100-33A Accessory buildings 21• Article IV - Hamlet Density Residential (HD) Districts' 100-40 Purpose 22 100-41 Applicability 22 100-42 Use Regulations 22 100-43 Bulk, area S parking requirements 23 Article V - Affordable Housing District (AHD) 100-50 Purpose 24 100-51 Definitions 24 100-52 Applicability 24-25 100-53 Use Regulations 25 100-54 Bulk, area Sparking requirements 25 100-55 Application Procedure 26-29 100-56 General Regulations S Requirements 29-31 100-57 Administration 31-32 100-58 Applicability of Town Code 32 I Article VI - Resort Residential (RR) District 100-60 Purpose 33 t 100-61 Use Regulations 33-34 100-62 Bulk, area E parking requirements 34 Article VII - Residential Office (RO) District 100-70 Purpose 35 100-71 Use Regulations 35-36 j 100-72 Bulk, area S parking requirements' 36 I Article Vill - Umited Business (LB) District 100-80 Purpose 37 100-81 Use regulations 37-38 100-82 Bulk, area S parking requirements 38 Article IX - Hamlet Business (HB) District 100-90 Purpose 39 100-91 Use regulations 39-41 100-92 Bulk, area E parking requirements 41 100-93 Uses confined to enclosed buildings 41 I Article X - General Business (B) District 100-100 Purpose 42 100-101 Use regulations 42-45 100-102 Bulk, area S parking requirements 45 Article XI - Marine I (MI) District 100-110 Purpose 46 100-111 Use regulations 46-47- 100-112 Bulk, area S parking requirements 47 Article X11 = Marine II Will District 100-120 Purpose 48 100-121 Use regulations 48-49 100-122 Bulk, area E parking requirements 49 I Article XI11 Light Industrial Park/Planned Office (L)O) District 100-130 Purpose 50 100-131 Use regulations SO-52 100-132 Bulk, area S parking requirements' 52 � I Article X1V - Light Industrial (LI) District 100-140 Purpose 53 100-141 Use regulations 53 100-142 Bulk, area 6 parking requirements 53 Article XV - Density, Minimum Lot Size and Bulk Schedules 100-150 Existing Bulk S Parking Schedule, 54 100-151 Density, Minimum Lot Size S Bulk Schedules 54 Density, S Minimum Lot Size Schedule for Residential Districts 55 Bulk Schedule - Business, office S Industrial Districts 56 r Bulk Schedule - Residential Districts 57 Density E Minimum Lot Size Schedule for Non-Residential Districts 58 Articles XVI E XVII - Reserved Article XVI11 - Cluster Development 100-180 Purpose 59 i 100-184 Applicability 59-62 NOVEMBER 1, 1988 3 9 3 - Article XIX - Parking & Loadinq Areas 100-190 Purpose 63 100-191 O ff-street parking areas 63-70 100-192 Off-street loading areas 71-72 Article XX - Signs 100-200 Purpose 73 100-201 Permits required & Administrative Procedures 73-74 100-202 General design principles 74-75 100-203 Sign prohibitions & general restrictions 75-76 100-204 Limitation of sign content or copy 76 100-205 Regulations regarding specific types of signs 76-78 100-206 Unsafe, abandoned & unlawful signs 78-79 100-207 Continuation of existing signs 79 Article XXI - Landscaping, screening & Buffer Regulations I 100-210 Purpose 80 100-211 General requirements 80-81 100-212 Front landscaped area 81 100-213 Transition buffer area 81-82 100-214 Landscaped parking area 82 100-215 Property adjacent to creeks 82 i Article XXII - Reserved ArticleXXIII- Supplementary Regulations 100-230 Exceptions and modifications 83 100-231 Height of fences, walls & hedges 84 j 100-232 Corner lots 84 100-233 Building length & separation for buildings containing• multiple dwellings 84 100-234 Courts 84 100-235 Access requirements 84-85 100-236 Open storage 85 100-237 Prohibited uses in all districts 85-86 — 100-238 Provisions for community sewer, water & utility facilities 86 100-239 Land under water; filled land 86-87 100-239a Excavations 87 100-239b Tourist camps,camp cottages & trailers 87 100-239c Berms 87-89 Article XXIV - Nonconforming Uses and Buildings 100-240 Purpos:: 90 100-241 Nonconforming uses 90 100-242 Nonconforming buildings with conforming uses 90-90-a 100-243 Nonconforming buildings with nonconforming uses 90-a 109-244 Nonconforming Lots 9U-a-91 100-245 Repairs and maintenance 91 100-246 Involuntary moves ±1 Article XXV - Site Plan Approval 100-250 Purpose 92 100-251 General requirements 92 100-252 Objectives 92-93 100-253 Effect of Approval 93-94 100-254 Procedures 94-96 100-255 Site PISn elements 96-98 Article XXVI - Special Exception Uses 100-2G0 w Purpose 99 100-261 Special exception uses 99 100-2G2 Rules of conduct & procedure for special exception uses 99-100 100-2G3 General Standards 100-2G4 -Matters to be considered 100-101 100-265 Additional Conditions &_ safeguards 101-102 102 Article XXVII - Board of Appeals 100-270 Appointment; membership 103 100-271 Powers & duties 103-104 100-272 Additional conditions r: safeguards 104 100-273 Rules of conduct & procedure 105 100-274 Fees 105 100-27S Notice of Hearing 105 Article XXVI11 - Administration & Enforcement 100-280 Administrative & enforcing officer 106 100-281 Building Permits 106-108 100-282 Revocation of permit 108-109 100-283 Stop orders 109 100-284 Certificates of occupancy 109-110 100-285 Penalties for.offenses 110-111 100-286 Remedies 111' Article XX IX - Amendments resent Xrticie XV is renumbered XX IX and sections 100-150 to 100-152 renumbered. 100-290 to 292 respectively) Ill Article XXX - Severability 100-300 Severability 111 394 NOVEMBER 1, 1988 A Local Law to amend the Southold Town Zioning Code and the Zoning Map incorporated therein, to implement, in whole or in part, the recommendations of the Master Plan Update prepared by the Planning Board BE IT ENACTED by the Town Board of the Town of Southold as follows: (additions indicated by underline; deletions by [brackets).) Chapter 100 of the Code of the Town 'of Southold (Zoning) is hereby' amended as follows: 1. Article I, Section 100-10 (Purposes), subdivisions E and G are amended to read as follows: E. The maximum protection of residential and historic areas. G. The enhancement of the appearance of the Town of Southold as a whole particularly its open and rural environment 2. Article 1, Section 100-10 (Purposes) is amended by adding two new subdivisions thereto, to be subdivisions K and' L to read as follows: K. The protection of the subsurface water supply and surface waters. L. The protection and enhancement of the coastal environment 3. Article I, Section 100-11 (Conflicts) is amended by amending the title . of such section, and adding thereto a new subdivision, to be subdivision C. all to read as follows: Section 100-11. . Interpretation and Conflicts. C. In their interpretation and application', the provisions of this chapter shall be held to be the minimum re uiremfeTts adopted for the promotion o the public health. safety, and weI are. Except where specifically provided to the contrary, it is not intended b this local law to repeal, abrogate, annul or in any way to impair or interfere with an rules, regulations I or permits previously adopted idopted or issued or which shall e adopted or issued pursuant to law relating to the use of buildings, (structures shelters or premises, nor is it intende by t(-is chapter to interfere with or abrogate or annul any easements covenants or other agreements • between arties. 4. Article I, Section 100-13, subdivision B, (Definitions and usages) is amended by amending and/or adding the following terms: B. Definitions and Usages. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meaning as herein defined. Anywwo�rd or term not noted below shalt .be used with a meaning as define- in Web ter's Thirol I'jew International Dictionary of the English Landu9fle uno[iridyu�l (or [atest edition) . --- ACCESS - A physical entrance to property. ACCESSORY APARTMENT - A dwellina unit created in a presently existing one family dwelling pursuant to Section 100-3113( 14) ACCESSORY BUILDING OR STRUCTURE - A building or structure i detached from a principal building located on the same lot as, and customarily incidental and subordinate to t el principal building. ACCESSORY USE - A (building or) use �[clearlyl customarily incidental JorF and subordinate to, [and ,customary it connection With, the principal or use on the same lot. I the main use on a lot, whether such "accessory use" is conducte id-in a _0rincipal or j accessory build, ADDITION - A structure added to the on inal structure at some time a ter t o completion of the original. AGRICULTURE - The production, 'keeping or maintenance, for sale, lease or personal use, of -plants and animas useful to man, inGudinq but not imitemite—fora es and sod crops• grains and seed crops; dairy animals and dairy products, poultry and poultry products; livestock, includiFg-,beet cattle sheep, swine, norses, ponies, mu es, or goats, or any I mutation o iybrids tT7_-reoT including the breeding and grazinglotany or all of such anima s; bees and apiary products, tur animals, truits of all Inds, inc u ing grapes, nuts and berries',; ve etab es; oral, ornamentaf and greenhouse products: or lands devoted to a soil conservation or forestry mans ement pro ram APPLICANT - The landowner or the. agent, o tionee, contract pure aser or other person authorized in writing to act or the ianaowner in submitting an application under this chapter, APPLICATION FOR DEVELOPMENT - The application form and all accompanying documents and exhibits re uired of an applicant by an approving authority for development and/or site plan review purposes. AUTOMOBILE SALES LOT OR BUILDING - A lot or building used or the sale or hire of automobile ,equipment. This shall be interpreted to include new and used car dealerships and auto accessory sa esrooms but not the sale of junked automotive equipment. -t NOVEMBER 1, 1988 395 BED AND BREAKFAST - The renting of not more than three (3) rooms in. an_. ownerr..occupa,ed :dw-elling;rfor ,*lodginq and serving of breakfast to_ not more than six (6) casual and transient roomers, provided that the renting of such rooms for such purpose is clearly incidental and subordinate to the principal use of the dwelling BERM - A structure composed primarily of earth intended for privacy, security, enclosure, visual screening or noise abatement - BLOCK - An area bounded by one or more streets or a municipal boundary and of sufficient size to accommodate a lot or lots of minimum size required by this chapter, BOARD OF APPEALS - The Zoning Board of Ap peals of the Town of Southold. BUILDABLE AREA•:-- The area of a lot reinainin after the minimum yard and open space requirements o this chapterTiave een met. BUILDABLE LAND - The net area of a lot 0r1oarcel after deducting wetlands, streams, ponds, slopes aver 15 percent, i underwater land, easements or other restrictions pi'eventin use of such and for construction of buildin s or development. BUILDING - Any structure having a roof supported by Things as columns, posts, piers, walls, or air and intended for the shelter, business, housing or enclosing of persons, animals, mZperty, or other materials. JAnyl Also any combination of erials orming 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: (1) Signs, (2) Fences. (3) Walls. [other than retaining walls 'projecting above the ground not more than three :(3) feet at the highest ground level and' not more than six and one-half (6J) feet at the ground level,I (4) 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. (5) Porches, outdoor bins and other similar structures. BUILDING LINE - A line formed by the intersection of a Horizon ta lane at average grade level and a vertical plane t at coincides with the exterior surface of t e building on any side. n case o a cants evere section o a ui in t o vertical pl7ne wi coincide with the most projected surface. CERTIFICATE OF OCCUPANCY - A document issued by a Town u� in Inspector allowing the use an or occupancy oF—a u ding and/or land, and certifying that the structure an or use of landan or structures is in com lance wit a state a-n local codes, regulations an requirements. CLUSTER - See Residential Cluster. CLUB, BEACH - A not-for-profit corporation, ..Is defined in Section 102 of t e Not-For-Profit Corporation Law of t e State of New York, located contiguous to a bay or Long Island Sound and estab is ed for principal purpose of engaging in swimming- in the Sound or the bays, but excluding any form of aviation motorboat racing or water skiing on inland waterways or similar hazardous sports. CLUB, MEMBERSHIP OR COUNTRY, OR GOLF COURSE, NONPROFIT - A no!- or-profit corporation. as defined in Section 102 of the Not- For-Profit Corporation Law o t e St:ite of New Yor established for the principal purpose of en a inq in outdoor sports, such as o tennis, swimming, tishinq, hunting or similar activities, but not includ—inq any form of aviation, outdoor trap, skeet or target---a ootinq or motorboat racing The activities of such a club shall be limited to its members and their iLuests and shall not be exten a to t e genera pubfic. CLUB, YACHT - '7C not-for-profit corporation as deliiit•d by Section 102 o the Not-For-Profit ffincpa ration Law of the State of New York, established or t e purpose of en _aging in recreational boatinq. T e activitieuc a yac t club shall be (invited to its members and t eir nests and shall not be extended to the genera pub ic. T e term acht club shall be_ deemed to include l e term marinabut sh—all not be eemed o include the term boats boatyard except or the out- o -water stora a of member . ------ COMMON OPEN SPACE - An open space area wRh,in or related to a site designated as a development that is available for the use of all residents or occupants thereof. 396 NOVEMBER 1 , 1988 COOPERATIVE - A type of resort or multiple residence in which persons have an ownership interest in the entity which owns the put ding or but dings and. in a dition a lease or occupancy agreement which entit es t em to occupy a particular dwelling unit therein, re ardless o w ether, and in w at manner, the dwellin units are mana e , ease or of erwise ma a aysilabie for use b y. ersons other than t e owners t e_reo CUL-DE-SAC - The turnaround at the end of a dead-end street. CURB CUT - The opening along the curb lime at which point vehicles may enter or leave the roadway CUSTOM WORKSHOP- A business remises used for the making of clothing, milliner s oes or of er ersona artic es to individual order or measure, or sa a at retail on t e remises on , and not inc udin the manufacture o machinery, vehicles, appliances and similar heavy goods, an ready-to-wear or standardized products. DEDICATION - The conveyance of a fee or lesser interest in property to Public use, w icn prec u es t e owner or others under him from asserting any r+q! t of ownership inconsistent with the use for which the property is de icated EASEMENT - A grant of the use of land'for specific purposes FARM - For the purposes of this chanter a farm shall be defined as a site or series o adjoininq oarc r single ownership or manaqement devoted to agricultural u'se i i FARM BUILDINGS - All structures useful or necessary for the conduct of a ricu tural activities inc udin but not limited to, i b arns, silos, mechanic_a equipment storage s eats animal pens or other shelters. FENCE - A vertical enclosure, solid or partialL open, to prevent straying from within or intrusion from without or intended to be used as a visual screen. A fence is considered) a structure for the purposes of this c apter. i FISH PROCESSING - The read inq of fish and shellfish for shipping to market, including icing, c eanin , filleting, shuckin , and the cooking oT crabs or lobster, but not includin other cooking, canning, treezinq, smo in operations or of e "tish factory FLOOD HAZARD AREA - Land in the flood plain subject to a one percent or greater chance or t ood in any given year. FLOOD PLAIN - The relativelv flat area or low! lands adjoining the channel 6-Fa river, stream, watercourse, canal, or any bodv of standing water, which has been or may be covered by llood water. FLOOR AREA - The sum of the gross horizontal areas of all floors of the building or buildings on a lot, having a clear height of not less than six feet measured from the exterior aces of exterior walls or from the center line of party .,walls separating two buildings, including cellar and basement areas. The` floor area shall not include: roof overhan s projectin less than three eet or an floors or portions thereof contained on terraces or balconies protecting beyond t e exterior face of the building. FLOOR AREA, LIVABLE - All spaces within the exterior walls of a dwelling unit, exclusive of garages, breezeways, unheated porches, cellars, heater rooms and approved basements having a window area of less than ten percent 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 (6) feet from finished floor level to pitch ofl roof rafter with a clear height of seven (7) feet six (6) inches from finished floor level to ceiling level over fifty percent (50%) of the area of such attic space.) I FRONTAGE - The width of a lot at the street line. GARAGE, PRIVATE - A building used as an accessory to the main building for the storage of one or more ga'isoline or other power-driven vehicles owned and used by the owner or tenant of the lot on which the garage is erected, for the storage of not exceeding two additional vehicles (not trucks) owned or used by others(.) and in which no occupation, business) or service for profit is carried on without special permit GARAGE, REPAIR - A building, other than a private garage. used or adjustment, painting, replacement o parts orl other repair or restoration of motor vehicles or arts thereof, (whether or not accessory or incidents to another use GASOLINE SERVICE STATION - A structure and surrounding land used for t e storage and sa e of petroleum fuel primarily to motor ve is es and jor accessory uses such as t e sae of lubricants, accessories or Supplies, t e incidental washing, of' motor vehicles and the perrorminq o -minor repairs within a building; however, a service station is not a repair garage nor a body shoiTr GREENHOUSE - A structure for growing plants. 4 NOVEMBER 1 , 1988 3-97 GROUND FLOOR - The first floor of a buildin other than a cellar or asement., r GUEST UNIT - A bedroom-sleeping accommodation for transient guests, which may or may .not include bathroom facilities and shall be occupied by no more than two adult persons and be at least 80 square feet in area, HEIGHT (-] OF BUILDING - The vertical distance measured from the average elevation o the existing natural grade before any alteration or fill adjacent to the building to the highest point of the roof for flat and mansard roofs, and to the mean height between a ave and ridge for other type roofs. HISTORIC BUILDING - See Landmark Designation. HOMEOWNERS OR HOMES ASSOCIATION - A community association, includinq a condominium association, which is organized in ;a residential development in wnicn individual owners live a shared interest in the responsibility for open space or facilities HOTEL OR MOTEL, RESORT - A building or group of buildings, w et er detached or in connected units, containing individual guest units consisting of a room arranged or designed to beavailab a or use as seeping quarters or transients on a daily renta asis or For vacationers or other persons on a weekly rental basis, provided that one such unit may connect directly with not more than one other such unit. Each unit Shall ave a door opening on the exterior of the building or on a common hallway Leading to the exterior. A resort moteV, may include such accessor uses as a eat ca ana, private dock, dinin room, restaurant or swim pool, con erence and meetingface ities,—a r i an accessor convenience shop, office or personal servicefacility, provided t at such facility or shop is located within-the building' without any external sign or display and off-street parking aciaci i�'1ities.TThe term "resort motel" shall not be construed to include transient mote or "mobile ome park . HOTEL OR MOTEL, TRANSIENT - A building or group of uildings, w ether detached or in .connected units containing individual guest units consistin of a room arranged or designed to e available for use as sleeping sleeDing and livingquarters for transients on a daily rental basis. provided t at one such unit may connect directI with no more than one other such— unit and that no cooking -facilities shall e available. Each such unit shall ave a door o enin on t e�i exterior of the building or on a common a wa eadin to the exterior, transient hotelor mote may inciuoe such accessory uses as an office. restaurant, accessory persona services, swimming pop and off-street parkin facilities. The term "transient ote or motel" s ai not be construed to inc ude resort mote or "mobile homepark," nor s a it be ! deemed to include any dwe ing unit except that of- the owner or manager. JUNKYARD - Land occupied or to be occupied for storage of old wood, paper, cloth or metal, including old automobiles, trucks, equipment, machinery, fixtures and appliances not usable as originally designed, and also including any portion of such old automobiles, trucks, equipment or machinery,._as may be sold as and for junk or salvage. The existence on any residential lot of three or more unregistered automobiles or trucks not housed within a building shall be deemed t yard. Public sanitary landfills and the structures locate thereon shall not be included in this definition. LANDMARK DESIGNATION - The designation of a building or structure of architectural or istoric si nificance to the Town through listing the property .in the Towns R ister of Designated I Landmarks and filing a copy 5T the entry in the Town Clerk's o r f—Ice. LANDSCAPING - An area of land restricted, to landscape items whit may also include such elements as natural features, earth berms, sculpture, signs; lighting, access-ways bikeways and pedestrian-ways. LIGHT INDUSTRY - �An activ�it which involves the fabrication, res}iepin ,,rew'urkin ,, assembly or combining of roducts from �. previously repared materia s an which does not involve the synthesis of chemical or Icai roducts other than for pharmaceutical or researc purposes or the processing of any raw materials, except agricultural raw materials. Light industry includes industrial operations suc as electronic, machine parts and small component assembly. as opposed to heavy industrial_ operations such as automobile assembly or milling activities LOADING BERTH - A space at least 15 feet wide and 45 feet onq, having a minimum 14 toot vertical clearance forioading and unloading vehicles. No such space required by this chapter or depicted on any site plan shall constitute a parking space. LOT AREA - The area of a lot taken at its perimeter, `exclusive of any portion within a public or private street riqht-of-way. LOT, INTERIOR A lot other than a corner lot or a through ot. LOT LINE, FRONT - The lot line separating a lot from a street right-of-way; also referred to as "street line". 398 NOVEMBER 1 , 1988 LOT LINE, SIDE - Any lot line other than a front or rear lot line. LOT, REAR OR FLAG - A lot located in such a position that it is to thel rear of some other lot fronting on (the same street and served by means of an accessway. LOT, THROUGH - A lot which fronts upon two streets which do not intersect at the boundaries of the lot. LOWER AND MODERATE COST HOUSING - Housinq which is constructed and kept available for families for individuals with low or moderate income, mcludlnq senior cj0zens as defined by the Town! Board. MASTER PLAN - A plan for the controlled development of all or portions 1 ot the Town of Southold (the protection of environmentally sensitive areas, the enhancement of fishing and s el Ishihq, healthy recreation areas and facilities, the protection of the underground water ,supply; the plan to be prepared 1 by the P annfnq Board pursuant to (Section 272-a of the Town Law, which plan indicates the general locations of physical cevelopment within the Town, and .includes any unit or part of such plan separately adopted and any amendment to such plan or parts therein. I MEAN HIGH WATER (MHW) - Average heiqht of high waters datum reported by the U.S. Geologicai Survey. I MOTEL, RESORT - See Hotel or Motel, Resort. MOTEL, TRANSIENT - See Hotel or Motel, Transient t NONCONFORMING BUILDING OR STRUCTURE - A building or structure)legally exlr, g on the effec'tive 'date of this chanter or any apphcabie amendment thereto but which' fails by reason of such adoption, revision or amendment to conform to the oresent f district r,equlations for any prescribed structure or buildin!3 requirement, such as front, side or rear yards buildinq height, building !areas or lot coverage, lot area per dwelling unit, dwelling ,units per but dinq, number of parking and loading spaces, etc.,. but . which is continuously maintained after the of ectfve date of these requlations. NONCONFORMING LOT - A lot--the area, or, dimension of which was lawful prior to the adoption, revision orl amendment of this j chapter, but which fails to conform to the requirements of the zoning distrlct in which it is located by reason or such adoption, revision or amendment. NONCONFORMING USE - [any] A use, whether of a building, i sign or tiact of land, (or both) or combination of these, legally existing on the effective date of this chapter, which does not conform to the present uf"e regulations of the district in which it is located,, but which is continuously maintained after the effective date -o these regulations. NURSERY1 SCHOOL - A building or buildings, together with any accessoryluses, buidings or structures, usedlas an organized instructional facility for five or more enrolled children under six years of gage other than the children of the) resident family, and not furnishing sleeping facilities except to the 'resident family, OFF-STREET PARKING SPACE - A space for the parking of one motor ve,ice within a public or private parking area, but not within a public street. OPEN SPACE - Any parcel or area of land or water essentially unimproved and set aside, dedicated, desf nated or reserve for public orlprivate use or enjoyment or for theluse and enjoyment of owners and occupants of Tand acd'joinin or net borin such open space; provided that such areas mayo be improved with only those buildings,'. structures, streets and -stree;t parking and other improvements that are designed to be incidental to the natural openness of the land. OUTDOOR] STORAGE - The keeping, in an unroofed area, of any goods, jun , material. mercnandise, or vehicles in the same" place or more than twenty-four hours. OWNER -1 The term shall be construed to include the duly authorized agent, attorney, purchaser, devisee, fiduciary or any other person havinq vested or contingent interest in the property in question. PARKING 'LOT - An off-street, ground level area, -surfaced and imoroved for the temporary storage of motor vehicles. PERFORMANCE GUARANTEE - An securit which may be accented y the Town as a guarantee t at improvements required as part of an application for development are satisfactorily completed. PERSON - Any association, partnership, corporation, cooperative group, trust or other entity as well as an individual. PLANNING BOARD - The Planning Board of the Tom of Southold. PLAT - The map of a subdivision. NOVEMBER 1, 1988 PRINCIPAL USE - The main, or primary purpose or Purposes for which land and/or structure(s) is des/ ned, arranged, used or intended to,-be used--or for- wnie = such` land 'arid or structure(sl may be occupied or maintaine under t is c aater. PROFESSIONAL OFFICE - The office of a member of a_recojgnized profession or occupation, including+ architects, artists, authors, dentists, .doctors, lawyers, ministers,musicians, optometrists, 1 enejineers, and such other sii.rilar profession or occupatioiis which may Be so desionated the 12 by 0ard of Appeals. .._ -_ RECREATION FACILITY, COMMERCIAL - An indoor or outdoor prrvat�= operated usiness in o vinq iinq fields, courts, arenas, or hails designed to aceommo ate s orts an recreational activities suc "-as bi tar s, bowting, dance' gymnasiums, health spas, skating rin s, shooting ranges tennis courts and swimming pools. RECREATIONAL VEHICLE - A vehicular type portable structure wit out permanent foundation, which can be towed, hauled or driven and primarily designed as temporary living accommodation for recreational, campingand crave! use and inc udin but not limited to travel trailer, truck campers, camping trot ers and self-propelled motor homes. RESEARCH LABORATORY - A buildin for experimentation in pure or applied -research, design, development, and production o prototype machines or devices, or of new products, and uses accessory thereto, w erein roducts are not manufactured for wholesale or retai sale; w erein commerci-al servicing or repair of commercial products is not performed; and where there is no displayer any materials or products. RESI DENT IAL.CLUSTER - An area to be developed as a single entity according to a plan containing residential housing units and having a common or public open space. RESTAURANT - Any premises where food is commercially sold for on- premises consumption to patrons seated at.tables or counters. Any facility making use of carhop or parkin lot service to cars or for the consumption at oo to be eaten in said cars or outdoors, s a not be considered a 'restaurant' or the purpose of this chapter. and s ail be deemed to be a rive-in or fast- ood restaurant.' RESTAURANT, DRIVE-IN OR FAST FOOD - Any establishment w ose Principal business is the -sale of foods, trozen desserts, or beverages to the customer in a ready to consume state, usuaily served in papermastic, or of er disoosa containers, for consumption within the restaurant but ding, elsewhere on the premises, or for carryout for consumption or 'the premises. RETAIL STORE - An enclosed structure where goods are offered or sale to the eublic as take-out items, includin ardware, rugs, food and beverage, urnishings, apparel and similar products. Minor reoair services within the establishment may be undertaken as part or product sales. RIGHT-OF-WAY LINES - The boundary lines of land used or intended for use as streets, as shown on gee s, plats, or the ro j Master Plan, and from which yard and other requirements shall be measured. ROADSIDE FARM STAND, AGRICULTURAL STAND - A booth, stall or display area exceeding fifty (50) sotiare feet in area located on a farm frorn which cgricuitur-I products are sold to the r;' ner_al public. SEPTIC TANK - A water-tight receptacle that receives the discharge of sewage from a building, sewer or Part thereof and is esigned and constructed so as to permit sett inq of solids, i digestion or the organic 'matter, and discharge of t e- iqui Portion into a disposal area. i SETBACK - An area 'extending the full width of the lot described or a distance"-between the street right-of-way and builcjL—n _,­ar___LF-,_ full required front yard dept within whit no buildings or parts oi buildings may be erected. SITE PLAN - A development plan for one or more lots on which is shown Ij the existing and proposed conditions of the lot, including ut not necessarily limited to topography, vegetation, drainage, flood plains, marshes and waterways, (2) the location of all existing and proposed buildings. drives, parking spaces, walkways, means a ingress an egress, drainage facilities, utility services, andscaping, structures and signs, lighting, screening evices, and 3 any other information that may be reasonably required in order to make an informed determination pursuant to this chapter for the review and approval of site plans by the Planning Board. { SPECIAL EXCEPTION USE - A use that is deemed appropriate in a particu ar district if specified conditions are met. SWIMMING POOL - A structure containing an artificial body of water, which is greater tan six feet long or wide, and greater than 18 inches in depth at any point. Natural or man-made ponds all banks of which have a slope of less than 45 degrees shall not 6e included in this definition. TOWN BOARD - The Town Board of the Town of Southold. i 400 NOVEMBER 1, 1988 I ' TOWNHOUSE - A 'dweilinq unit in a building containing at least three connected dwelling units divided common vertical party wails, wit I rivate entrances to each dwelling. A townhouse may inc IL e we i -ied in fee simo a or'i in condominium or cooperative ownersnio or any combination thereof. TRAILER OR MOB',ILE HOME - Any vehicle mounted on wheels, movable either by its own power or by being drawn by another vehicle, and equipped to be used for living or sleeping quarters or so as to permit, cooking. The term "trailer"I shall include such vehicles if mounted on temporary or permanent foundations with the wheels removed) and shall include terms "automobile trailer" and "house car." USE ' - The purpose for which land or a structure is arranged, designed, or intended, or for which either land or a structure is or may be used, occupied or maintained. YARD L1NE - A line drawn parallel to a street or lot line at a distance therefrom ',equal to t e respective yard) dimension required by this chapter. ZONE - A finite area of land, as designated b its boundaries on the Zoning .Nap, throua out which specific and )uniform requlations govern thel use of and and/or the locationl, size and use of buildings. i ZONING BOARD - See Board of Appeals. ZONING MAP - The, map annexed to and made part of this chanter, indicating zone boundaries- S. Article 11, Section 100-20 (District designations) is repealed ana a new Section 100-2 I 0 is added, to read as follows: Section 100-20. District designations. i For the purpose of this chapter, the Town of Southold, outside of the Fiorporated; Village of Greenport, ishereby-i divided into districts gnated as follows: A-C - A ricultural-Conservation District (Two acre minimum) R-80 - I Residential Low Density District Two acre minimum) j R-40 - Residential Low Density District (One acre minimuml Kesidential Low Uensity District I rhree acre minimum) R-200 - Residential Low Density District (Five acre mimimum) j R-400 - 1 Residential Low Density District (Ten acre minimum) HD - I Hamlet Density Residential District AHD - Affordable Housing District RR - I Resort Residential District I I RO - Residential Office District HIB - Hamlet Business District LB - Limited Business District B - General Business District I i MB - Marine Business District LIO - Light, Industrial Park/Office Park District LI - Lights Industrial District 6. Article 11, Section 100-21 (Zoning Map) is amended to read as follows: i I Section 100-21. Zoning Map. The boundaries of the said districts are hereby established as shown on the [Building Zonel Zoninq Map dated which accompanies : this chapter and which, with all explanatory matter thereon, is hereby adopted and made a part of. and incorporated into this chapter, Said map, indicating the latest amendments, shall be kept up-to-date and a copy thereof shall be kept in the office of the Building Inspector for the use and benefit of the public. 7. Article II, Section, 100-23 (Effect of Establishment of district), subdivision E is amended to read as follows: E. Any use not permitted by this chapter shall be deemed to be prohibited. Any; list of prohibited uses contained in an section of this chapter, shall be deemed to be not an I ex austive list, but to aiave been included for the purposes of clarity and emonasis. a. Section 100-31. 1 and Section 100-33 of Article III are repealed, and remainder of said Article III .is amended as follows: '-w._ARTICLE III (A Residential and Agricultural Distrietl Agricultural-Conservation A-C District Low Density Residential R-80, R-120, R-200, R-400 Districts Section 100-30.. Purpose. The purpose of the Agricultural-Conservation (A-C) District and the Low DensityResidential R-80, R-120, R-200 and R-400 Districts is to reasonab y control, and to the extent possib a prevent t e unnecessary NOVEMBER 1, 1988 4 O _ loss of those currently open lands within the Town containing large and contiguous areas of prime agricultural soils which are the basis orasi ni'icant ort[on of the Towns econom and those areas wit sensitFv_e environmentsfeatures inciudinq a_guuitgrr rec ar a areas and bluffs. In addition these areas provide t� open rural environment so i valued by year-round residents and those persons w o support the Town of Sout o d's recreation, resort and second home economy. T e economic, social and aesthetic bene its which can be obtained or all citizens b imitin loss o7such areas are well documented, and have inspired a host of governmentalprograms designed. with varying degrees of success, to achieve this result. For its 2art. the Town is expen in large sums of money- to protect existing arm acreage. t t e same time, the Town has an ob iaation to exercise its autFo—rity to reasons regulate the subdivision an eve ooment o this land to urt er the same purposes, w i e honorina the legitimate interests of farmers and other farmland owners. (Section 100-301 Section 100-31• Use regulations. In an [A] A-C District, no building or premises shall be used, and no building or part of a building shall be erected or•altered which is arranged, intended or designed to be used, in whole or in part, ,for any uses except the following: A. Permitted uses. I I ( 1J One-family detached dwellings, not to exceed one dwelling on each lot. j ( 2J The following commercial agricultural operations and accessory uses thereto, including irrigation, provided that there shall be no storage of manure, fertilizer or other odor or dust- producing substance or use, except spraying and dusting to protect vegetation, within 150 feet of any lot line: (a.) The raising of field and garden...craps, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale� of products grown on the premises subject to the following special requirements: (1) All [one-story l buildings [or structures j 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 (,1 or one story in height. Display of produce, at a roadside arm stand shall be not less than 10 feet from all street and lot lines. Any roadside farm stand in excess of [One hundre 100) J ff tv (50) square ;feet in floor area shall be set back twenty (20) feet from the street line. Any stand in existence at the effective .date of this chapter must, within one year, comply with all of the provisions hereof. (2) All signs shall conform to the provisions of I (Section 100-30C(G)(b) l Section 100-31C(g) . (3) Off-street parking as required in the Parkinq Scnedule snail be provided and shall be approve y the Planni_ngBBoar . Any_roadside stand in existence on the effective Vale of this paragraph must, within one (1) year from _such date, comply with the provisions hereof. (b.) The keeping, breeding, raising and training of horses, domestic animals and fowl (except ducks) on lots ten (10) acres or more. (c.) Barns, storage buildings, greenhouses (including plastic covered), and other related structures, provided that such buildings shall conform to the yard requirements for principal buildings. (3.) Buildings, structures and uses owned or operated by the Town of Southold, School Districts, Park Districts and Fire Districts. B. Uses permitted by special exception by the. Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, and , and except for the uses set forth in subdivision (15). hereof, are subject to site plan approval y the Planning Board in accordance with Article X111 hereof:] (1.) Two-family dwellings [, conversions of existing buildings and new construction,] not to exceed one such dwelling on each lot. (2) Places of worship, including parish houses (but excluding a rectory or parsonage, which shall conform to the requirements for a one-family dwelling), subject to the following requirements. (a) No building or part thereof shall be erected nearer than fifty (50) feet to any street line and nearer than 20 feet to any lot line. 4 0 2 NOVEMBER 1., 1988 (b) The total area covered by all principal and accessory buildings shall not exceed twenty (20% ) percent of the area of the lot. i (3) Private elementary or high schools, colleges and other educational institutions, subject to the following requirements. (a) N building shall be less than fifty (50) feet from any street or lot line. (b) The total area occupied by all principal and accessory buildings shall not exceed twenty (30 0) percent of the a tea of the lot. (c) Any school shall be a nonprofit organizIation within the meaning of the Internal Revenue Act and shall be registered effectively thereunder as such. (d) Any such school shall occupy a lot with an area of not less than five acres plus one acre for each 25 pupils for which the building is designed. (4) Nursery schools. (5) [Libraries,I .Philanthropic, eleemosynary or religious institutions, hospitals, nursing and rest homes or sanity lia for general medical care, but excluding facilities for the treatment of all types of drug addition, subject to the following requirements: (a) No building or part thereof or any parking or loading area shall be located within one hundred ( 100) feet of any street line nor within fifty (50) feet of any lot line. - � 1 to) The total area covered by principal and accessory buildings shall not exceed twenty (20o).percent of the area of the lot. (c) The maximum height shall be thirty-five (35) feet or two and one-half (21) stories. (d) The entire lot, except areas occupied by buildings or parking or loading areas, shall be, suitable landscaped and property maintained. (e) Sufficient exterior illumination of the site shall bel required to provide convenience and safety. Ali such illumination shall be shielded from the view of all surrounding streets and lots. (f) Any nursing home, hospital or sanitarium shall meet the following standards: [11 M All buildings shall be of fire- esistive construction. (21 (ii) All such uses shall be served by adequate water and sewer systems approved by the Suffolk Couity Department of Health. 131 (iii) Patients suffering from communicable diseases shall not be permitted in any nursing home or sanitarium (communicable diseases are defined by the Sanitary Code of the Public Health Council of the State of New York). [41 (iv) Eight Thousand (8,000) square feet of lot area shall be provided for each patient bed. US)) (6) Public utility rights-of way as well as structures and other installations necessary to serve areas within the Town, subject to such conditions as the Board of Appeals may impose in order to protect and promollte the health, safety, appearance and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed. ((6)1 (�) (Fraternity houses,I Beach clubs, tennis clubs, country clubs, qiolf clubs, public gol courses, and annual i membership clubs catering exclusively to members and their guests, and accessary playgrounds, beaches,) swimming pools, tennis courts, recreational buildings, and maintenance buildings, subject to the following requirements: (a) No building or part thereof or any parking or - loading .area shall be located within one hundred (100) feet of any street line or within fifty (50) feet of any lot line. (b) The total area covered by principal and accessory buildings shall not exceed twenty (20%) percent of the area of the lot. (c) Such use shall not be conducted for profit as a business-snlerprise. r NOVEMBER 1, 1988 -4 O 3 . (d) No such use shall occupy a lot with an area of less than three (3) acres. (e) The direct source of all exterior lighting shall be shielded (rain the view of surrounding residential lots. ((7)I (0) Children's recreation camps organized primarily for seasonal use and subject to the following requirements: (a) No building, tent, activity area or recreation facility., shall be less than two hundred (2001 feet from any lot line, and any such building, tent, activity area or recreation facility shall be effectively screened therefrom as required by the Planning Board. Buildings intended for use as sleeping quarters shall be not less than thirty (30) feet from each other, except tents, which shall be not less than ten (10) feet apart. (b) The minimum lot area shall be not less than ten thousand (10,000) square feet for each cottage, tent or other principal building, and not less than three thousand (3,000) square feet of,land area shall be provided for each person accommodated in the buildings or tents on the premises. - (c) All outdoor lighting shall be arranged and/or sheilded j to eliminate the glare of lights toward nearby residential lots, streets or other public facilities. (d) The sound level of all outdoor public-address systems shall not exceed the intensity tolerable in a residential neighborhood, i (9) (Labor camps, farm and nonfarm,I Farm labor camps, subject to the following requirements: (a) All farm labor camps on farms shall be constructed in conformance with applicable laws and shall not be located nearer to any other residence than the residence of the employer, except by specific review and approval of the Planning Board (of Appeals(. [(9)] (Boat docking facilities for the docking, mooring or accommodation of noncommercial boats, subject to the following requirements:I - [(all (There shall be docking or mooring facilities for , no more than two (2) boats other than those owned and used by the owner of the premises for his personal use. I _.I_ (10) Veterinarian offices and animal hospitals, subject to the following requirements: i i (a) The housing of all animals shall be in a fully enclosed structure, if nearer than one hundred fifty ((lo0) j (150) feet to any lot lane. , (11) Cemeteries. i (12) Stables and riding academies ((13)I (Funeral homes and undertaking establishments. ) ( (14) 1 (13) Wineries for the production and retail sale of wine produced from grapes grown on the vineyards on which such winery is located. ((1S)I fly,) One accessory apartment In an existing one-fami))'dwe(ling, subject to the following requirements: • i (a) The accessory apartment shall be located In the principal building. (b) The owner of the existing dwelling shall occupy one of the dwelling Units as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years. (c) The existing one-family dwelling shall contain not less than sixteen hundred (1,600) square feet-of liveable floor area. (d) The accessory apartment shall contain not less than four hundred fifty (450) square feet of livable floor area. (e) ,The accessory apartment shall not exceed forty (409.) percent of liveable floor area of the existing dwelling unit. (f) A minimum of three.(3) off-street parking spaces shall be provided. (g) Not more than one (1) accessory apartment shall be permitted on a lot. (h) The accessory apartment shall meet the requirements of a dwelling unit as defined in Section 100-13 hereof. 404 NOVEMBER 1, 1988 (1) The exterior entry.to the accessory apartment shall, to .the maximum extent possiblo,•retain the existing exterior appearance of a one-family dwelling. (1) All exterior alterations to the existing building, except for access , to the apartment, shall be made on the existing foundation. (k) Certificate of Occupancy shall terminate upon the transfer of title by the owner, or.upon the owner ceasing to occupy one of the dwelling units as the owner's principal residence. In the event of an owner's demise, the occupant of an accessory apartment may continue in occupancy until a new owner shall occupy the _ balance of the dwelling or one (1) year from date of said demise, whichever shall first occur. (1) All conversions subject to inspection of Building Inspector and Renewal of Certificate of Occupancy annually. (m) The building which is converted to permit an accessory apartment shall be In existence and have a valid certificate of occupancy Issued prior to January 1, 1984. . (n) The existing building, together with the accessory apartment, shall comply with all other requirements of Chapter 100 of the Town Code of the Town of Southold. (o) Notwithstanding the provisions of Section 100-309 hereof, no site plan approval by .the Planning Board shall be required for the establishment of an accessory apartment. (p)„Approval by the Suffolk County Departmentll of Health Services of the water supply and sewage disposal systems. HIGH( (151 The renting of not more than three (3) rooms in an owner occupied dwelling for lodging and serving of breakfast to not more than six (6) casual and transient roomers, provided that the renting of such rooms for such purpose Is clearly Incidental and subordinate to the principal use of the dwelling, subject to the following requirements: (a) That adequate off-street parking spaces shall be provided for such rented rooms In addition to parking spaces for-the use of the family of the owner, C. Accessory uses, limited to the following (:1 uses and subject to the conditions listed in Section 100-33 herein. J'1] Any customary structures or uses which are customarily incidental to the principal use, except hose prohibited by this chapter, I(1) I (2) H.-me occupa Eons, including professional offices, provided that: j (a) No display of goods is visible from the street i (b) Such occupation is incidental to the residential use of the premises and is carried on in the main building by the resident therein with not more than one nonresident assistant. (c) Such occupation is carried on in an area not to exceed [thirty percent.(30%)] twenty-five (25o) of the area of [one (1) floor( all floors of the main building (,I i and in no events ah� 1 such use occupy more than five hundred (500) square feet or Hoor area. (d) There shall be no exterior effect at the property line, such as noise, traffic, odor, dust, smoke, gas, fumes or radiation. (e) Studios where dancing or music instruction is offered to groups in excess of five pu l pils at one time, or where concerts or recitals are held, are prohibited. (f) In no manner shall the appearance f the building be a tere A nor snail the occupation within the residence e conducte in a manner that would cause the premises to lose its rest entfa 1 arac ter, eftlier pplithe use of color materia s, construction, or ljclhtinq. No display o products snal a visible rpm the street, and no stOcX in trades a e ept on the premises (�) Home occupations shall in no event be deemed to include: animal hospfta s, enneis, barDer shops beauty parlors, clinics, or hospfta s, mortuaries, nursery schools, clubs, auto repair shops, restaurants, tourist ones, roomin cl house!:; or oarainq houses and use's semi ar to t ose Ifsted above. 31 Boat docking facilities for the docking, mooring or accommodation of noncommercfa oats, subject tot the tol lowing reauirements: (a) There shall be docking or mooring f lcilities for no more than two 2) boats other than those 'owned and used y the owner of t e premises for hiss, persona use. (b) The Town Trustees shall approve new boat dockin aci.fGes. (c) Boats at such docking facilities shall not be used for overnight sleeping purposes NOVEMBER 1 , 1988 405 ((2)1 (4) Carden house, toolhouse, storage building, playhouse, wading pool,: swimming:pool or:ten'n"is`¢ourr incidental to the residential use of the premises and not operated for gain, subject to the following requirements: (a) Any swimming pool shall be completely enclosed with a permanent chain-link (or similar type) fence of not more than two-inch mesh, not less than four (4) feet in height, erected, maintained and provided with a self-closing, self-latching gate to prevent unauthorized use of the pool and to prevent accidents. However, if said pool is located more than. four (4) feet above the gound, then a fence is not required, provided that all points of access to said pool are adequately protected by a self-closing, self-latching gate. Any swimming pool in existence at the effective date of the provisions of this subsection shall, within one ( 1) year from such I date, comply with all of the provisions hereof. (b) Individual outdoor tennis court related to residential use on a lot containing a single-family detached dwelling provided that the same is set bat not-less lless than six I (6) eeet from ail lot lines, and that there is no li tin for after dark use. 1(3)] (5) Private garages; provided, however, that not more than ` two (2) passenger automobile spaces in such garages may i be leased to persons not resident on 'the premises. I (6) Off-street parking spaces accessory to uses on.the premises. Not more than four (4) off-street parking spaces shall be .,permitted-wit tot the minimum front yard. 1(4) 1 (7) The storage of either a boat or travel trailer owned and used by the owner or occupant of the premises on which such boat or travel trailer is stored, for his personal use, subject to subsection Q of Section 100491 Supplemental parking regulations and the following requirements: (a) Such boat or trailer shall not exceed thirty (30) feet in length. (b) Such boat or trailer shall be stored only in the required rear yard, and the area occupied therefor, together with the area of all buildings in the rear yard, shall not exceed forty percent (40%) of the area of the required rear yard. (c) Such boat or trailer shall not be located within fifteen I (15) feet of any street or lot line. i 1(5) I (81 Horses and Domestic animals other ti-tan F.ouseiiold pets, provided that such shall not be housed-within forty (401 feet of any lot line. Housing for flocks of more than twenty- five (251 fowl shall not be constructed within fifty (5o) feet of any line. i ((6)1 (9) The following signs, subject to the supplementary sign regulations hereinafter set forth in Article XX: (a) (One (1) indirectly] Not more than two (2) non- illuminated nameplates or profes-siona signs each not more than two (2) square feet in area. - i (b) Not more than [three (3) ] two (2) signs with a combined total area of not more than seventy-two (77) 1 forty- ei ht (48) square feet, no one (1) of which shall be arger t an (four by six (4 x 6)] twenty-four (241 y the sale ora I s uare feet in size, advertising ur f rm, gar en or nursery products (produced or grown on the premises or of animals raised on the premises. (c) One (1) real estate sign, either single or double-faced, not larger than [three by four (3 x 4) 1 twelve (12) square feet in size on any one (1) or more lots, advertising the sale or lease of only the, premises on which it is maintained, and set back not less than [ten (10) 1 fifteen (15) feet from any lot line. Where acreage or a subdivision ias a continuous frontage�o Tive hundred 500) reet or more, said sign sna I not exceed twenty- our 24 square reef in size. ((e) I (d) One (1) bulletin board or other announcement or identification sign for uses permitted in (Section 100- 3013t2), (3), (4), (6), (7) and (10) hereofl Section 100-31B(3), (4), (5), (6), (8) and (9) of the Agricultural rstrict, not more t an t irty-two ei �iteen ( 13) square feet area, located not less than (five ifteen (1S) feet from any street or lot line. : I J e) Such other signs as may be authorized as a special exception by the Board of Appeals as hereinafter provided. 1(7) 1 (10) Yard sales, attic sales, garage sales, auction sales or similar type of sales of personal property owned by the occupant of the premises and located thereon, subject to the following requirements. 40 C NOVEMBER 1, 1988 V (a) Not more than one ((III such sale shall be conducted on any lot in any one calendar year (b) Adequate supervised parking facilities shall be provided. (c) No signs, except one ((1) 1 one-premises sign not larger than (three by four (3 x 4) 1 I six (6) square feet in size displayed for a period of not longer than one [(1) 1 week immediately prior to the day of such sale, shall be permitted. (d) A permit Is obtained therefor from tie Building Inspector upon the payment of a fee of $15. (Section 100-311 Section 100-32. Bulk, area and parking requirements. No building or premises shall be used and no building or part thereof shall be erected or altered in the (A Residential and Agriculture District] Agricultural- Conservation District and in the Low Density Residential R-80 District unless the same conforms tot the Bulk Schedule and Parking Scneciulel incorporated into this chapter with the same force and et ect as it sucn regulations were sett ro'rth herein in full, as well as to the 7ollowing Bulk and Parking re uirements, to wit: A. In the case of a lot held in single and separate ownership prior to November 23, 1971 and thereafter, with an area of less than forty-thousand (40,000) square feet, a single family dwelling may be constructed thereon, provided that the requirements of Column (Al vii of the Bulk Schedule and the Parking Schedule incorporated in this chapter are compliid-lied-with. B. The bulk and parking requirements for single-family dwellings as set forth in Column (A-401 ii of the Bulk Schedule and the Parking Schedule incorporated into this chapter sTiall_apply to t e—"tolTowing lots, to wit: (1) All lots shown on major and minor subdivision maos which were granted final approval by the Planning Board prior to May 20, 1983. (2) All lots shown on major subdivision maps upon which the Planning Board has held a hearing for preliminary map approval prior to %lay 20, 1983. (3) All lots shown on minor subdivision maps that have een granted sketch plan approval by the Planning Board prior to May 20, 1983. (4) All lots setoff or created by approval of the Planninl Board subsequent to November 23, 1971 and prior to May 20, 1983. C. The bulk and parking requirements for single family dwellings set forth i in [Column A-801 Columns i and iii of the Bulk Schedule and Parking Schedule incorporated into this chapter sna I apply to the ol�o`wing lots, to wit: (1) All lots shown on minor subdivision maps which have been granted i sketch plan approval by the Planning Board on or after May 20, 1983. (2) All lots shown on major subdivision maps upon which the Planning Board _ has held a hearing for preliminary map approval on for after May 20, j' 1983. (3) All lots setoff or created by approval of the Planning Board on or after May 20, 1983. D. The bulk and parking requirements for two-family dwellings set forth in Column [A-1601 xii of the Bulk Schedule and Parking Schedule incorporated into this chapter shall apply to the following lots, to wit: (1) All lots shown on minor subdivision maps which have been granted sketch plan approval by the Planning Board on or after May 20, 1983. _ (2) All lots shown on major subdivision maps upon whichthe Planning Board has held a hearing for preliminary approval on or after May 20, 1983. (3) All lots setoff or created by approval of the Plan May 20, 1983. ning Board on or after [Section 100-321 Section 100-33. Accessory buildings. In the (A Residential and Agricultural District,] Agricultural-Conservation District and Low Density Residential R-80 R-120 R-200 and R-400 Districts accessory buildings and structures or other accessory uses may be located in the required rear yard, subject to the following requirements: A. Such buildings shall not exceed eighteen (18) feet in height. B. Such buildings shall be set back no less than three (3) feet from any lot line. C. . All such buildings in the aggregate shall occupy not more than forty percent (40%) of the area of the required rear yard. 9. Chapter; 100 is amended by adding a new Article thereto, to be Article III-A, to provide as follow: ARTICLE III - A Low Density Residential R-40 District Section 100-30A. Purpose. NOVEMBER 1 . 1988 /� ,T.he_purpos 4O 7 _e of the Low Density Residential R-40 District is to provide areas or residential esidential deve opment where existing neighborhood characteristics, water supply and environmental conditions permit full development densities of a�roxfmatitely one dwellingper acre and where open space and agricultural preservaon are not predominate objectives Section 100-31A. Use regulations. In an R-40 District, no buildinq or premises shall be used and no building or part of a bui dinq shall be erected .or altered which is arranged, intended or _esigned to be used, in whole or in part or any uses except the following: A. Permitted uses. (1) Same as Section 100-31A of the Agricultural-Conservation District B. Uses permitted by special exception of the Board of Appeals. The follow'n uses are permitted as a special exception y the " and of A eats as ereinafter provided, and subject to site plan approval by the Planning Board (1) Same as Section 100-318 of the A ricultural-Conservation District, except 8) chi wren s recreation camp, 9 farm labor camp ana ( 10) veterinarian orrice and animal hospital not permitted, an bed and Breakfast uses o nut require site pan approval.-- (2) Libraries, museums or art galleries. C. Accessory uses, limited to the following: (1) Same as Section 100-31C of the Agricultural-Conservation District. Section 100-32A. Bulk, area and oarking requirements No building or premises shall be used and no building or part thereof shall be erected or altered in the Low Density Residential R-q0 District unless the same conforms to the requirements of the Bulk Sc eauie and or the Harking Schedule, with the same force and effect as 'i suc re ulations were set torth herein in ! u Section 100-33A. Accessory buildings. .Accessory buildings shall be subject to the same requirements as Section 100-33 of the A ricultural Conservation District. 10. Article IV is repealed and a new Article IV is added in its place, to provide as follows: ARTICLE IV i Hamlet Density Residential (HD) District j Section 100-40. Purpose. - I The purpose of the Hamlet Density (HD) Residential District is to (1) permit a' .r mix o housing types and level of residential density appropriate to the areas in and around the major hamlet centers, particularly Mattituck, Cutc ogue, Southold, Orient and the Village of Greenoort. Section 100-41, Applicability. The Hamlet Density (HD) Residential District may be designated on the Zoning ap b the Town Board, upon its own motion, or by petition on parcels within one-halt mile of a Hamlet Business (HB) District o 'Mattituc , Cutcho ue and Southoid hamlet and within one- uarter mile or the Ham et Business (HB) district o Orient, and within one- al mi a of the boundary of the Village of Greenport • i Section 100-42. Use regulations, j In an HD District, no building or premises shall be used,. and no building or part of a building s all be erected. or altered which is arranaed intended or designed to be used, in whole or in part of any use except the following: i A. Permitted uses. (1) One-family detached dwelling. (2) Two-family dwelling. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the 6o2ird­5T- pU eat as hereinafter provided, and subject to site plan approval by the Planninq Board: (1) Multiple dwellings, townhouse, row or attached house. (2) Accessory apartments in single-family residence as set forth in and regulated by Section 100-318 2 of the Aciricu turd -Conservation District. (3) Bed and breakfast uses.as.set forth in and reaulated by Section 00-3 15 without site plan approval. C. Accessory uses, limited to the following: (1) Accessory uses as set forth in and regulated by Section 100-31C ( 1) •' t rougn (7) and (in) of Agricultural-Conservation District and �ubiect to conditions set forth in Section 100-33 thereof. /� O 8 NOVEMBER 1, 1988 `} (2) Freestanding r around signs, subject to the following requirements: One (1) sign either singe or double-faced, not more than eighteen (181 square feet in area, and the ubper edge of wnicn snail not oroiect more Man Live (5) feet above the ground unless attached to a fence or wall. Sucn sign shafl only indicate the name or the premises. Such sign shall be set back not less than ri teet� n(15) feet from all street and lot lines. Suc 11—sign shall oTv wi��l��t�gU�lSlil l'11tJ1'V sign regulations set torch in Article AK —` (3) Accessory buildings, structures and other required facilitia`s and equipment necessary to provide community suwers, w-iter, he...;t• utilities and other community services to ail building s dnd structures n h uctues o te ---• --premises, ----provided, however, that the plans for and _llle locati�l�i—� of the same shall be approved by the Planrinr; Section 100-43. Bulk, area and parking requirements. A. No building or premises shall be used and no building or part thereof shall be erected or altered in the Hamlet Densit (HD) Residential District unless the same conforms with the Bui Schedule and Parking Schedule incorporated into this chapter, with the same force and effect as it such regulations were set arth erein in full. 11. Article V is repealed; Article VA is renumbered Article V, and the Sections thereof are renumbered Sections 100-50 to 100-58 inclusive." ARTICLE V AFFORDABLE HOUSING DISTRICT Section 100- SO. Purpose. The purpose of the Affordable Housing District is to provide the opportunity within certain areas of the Town for the development of high density housing for families of moderate income. Section 100- 51 Definitions. For the purpose of this Article, the following terms, phrases and words shall have the following meaning: CONSUMER PRICE INDEX - The Consumer Price Index as published by the United States Department of Labor, Bureau of Labor Statistics for the New York Metropolitan area. DIRECTOR - The Director of Community Development for the Town of Southold. MODERATE INCOME FAMILY - A family whose aggregate annual income, including the total of all current annual income of all family members (excluding the earnings of working family members under age 21) from any source whatsoever at the time of application for the purchase or lease of an affordable housing unit or the purchase of an unimproved j affordable lot, does not exceed $39,000.00, which annual income shall be revised each year on January 31st to conform to the previous year's change in the consumer price index. MODERATE INCOME FAMILY DWELLING UNIT - A dwelling unit reserved for rent or sale to a moderate Income family and for which the maximum monthly rent (excluding utilities) or the maximum initial sales price does not exceed the maximum rent or maximum sales price set forth in Section 100- 56E hereof. MODERATE INCOME FAMILY UNIMPROVED LOT - An unimproved lot reserved for sale to a moderate income family, and for which the maximum initial sales price, inclusive of the cost of providing public water and/or public sewer service to the lot, does not exceed the maximum sales price set forth in Section 100- 56E hereof. PERMANENT FIXED IMPROVEMENT - An improvement to a lot or a moderate income family dwelling unit which cannot be removed without substantial damage to premises or total loss of value of said improvements. Section 100- 52 Applicability. AHD Districts shall be established by application to the Town Board pursuant to the procedures hereinafter specified, on parcels of land located within the following areas: A. Land within a one-half (}) mile radius of the post offices located in the hamlets of Mattituck, Cutchogue, Peconic and Southold. B. Land within one-quarter mile radius of the post offices located in the liamlets of East Marion and Orient. C. Land within one-quarter (1) mile of the boundaries of the Incorporated Village of Greenport. D. Land in such other areas as shall be designated by Town Board resolution after a public hearing thereon, upon ten (101 days notice thereof by publication in the official Town newspapers. NOVEMBER 1, 1988 409 Section In- 53. Use Regulations.' In the AHD District, no building or premises shall be used, and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the fullowing: A. Permitted uses. 1. One-family detached dwelling 2. Two-family 6aellin g 3. Multiple dwellings. B. Accessory uses. Accessory uses as set forth in and regulated by Section 100-30C (1). (2). (3). (4), (6) and (7) of this Chapter. Section 100- 54 Bulk Area & Parking Requirements. No building or premises shall be used and no building or part thereof shall be erected or altered in the AHD District unless the same conforms to the following Bulk, Area & Parking Schedule. BULK, AREA 6 PARKING SCHEDULE Minimum Single Family Two-Family Multiple Requirements Dwellings Dwellings Dwellings Total lot area (sq. ft.) 10,000 20,000 40.000 t Lot Width (ft.) 80 100 150 Lot Depth (ft.) 100 140 200 ! Front Yard (ft.) 35 35 45 One side yard (ft.) 15 1s 20 Both side yards (ft.) 25 30 40 Rear yard (ft.) 35 35 45 Livable floor area (sq.ft. per dwg) 850 600 600 Off-street parking spaces (per dwg) 2 2 2 j Land area (sq.ft.) per dwg, unit 10,000 10,000 10,000 Maximum Permitted Dimensions Lot coverage (percent) 20 25 25 Building height 35 35 35 Number of stories 21 2¢ 21 Section 100- 55• Application Procedure A. Application Procedure. The procedure for planning and zoning approval of any future proposed development in an AHD District shall involve a two-stage review process as follows: (1) Approval of a preliminary development concept plan and the zoning reclassification of a specific parcel or parcels of land for development in accordance with that plan by the Town Board; and (2) Approval of a final, detailed site plan, and subdivision plat approval, if required, by the Planning Board. I B. Application to the Town Board for rezoning approval. Four (4) copies of the application for the establishment of an AHD District shall be filed with the Town Clerk who shall submit a coo to the Town Board at its next regular scheduled meeting. The application shall contain at least the following information: (1) The names and addresses of the property owners, and all other persons having an interest in the property; the name and address of the applicant (if not the owner); the names and addresses of any planners, engineers, architects, surveyors, and all other persons or firms engaged or proposed to be engaged to perform work and/or services with respect to the project described in the application. (2) If the applicant is not the owner of the property, written authorization of the owner or owners authorizing the applicant to submit the application on behalf of the owner or owners. (3) A written statement describing the nature of the proposed project, and how it. will be designed to fuilfill the purposes of this Article (including its consistency with the Town Master plan); an analysis of the site's relationship to adjoining properties and the surrounding neighborhood: the availability and adequacy of community facilities and utilities, including public water' and public sewer systems, to serve the needs of the project and the residents therein; the safety and capacity of the street system in the area in relation to the anticipated traffic generated, and such other information as deemed necessary by the Town Board and'lor the Planning Board to enable them to properly review and act upon the application. 410 -NOVEMBER 1, 1988 (4) A written statement describing the proposed method of ownership, operation and maintenance of all proposed common utilities, including i public water and sewer facilities, and open land located within the proposed development. _ I (5) A preliminary development concept plan for the proposed project, drawn to a convenient scale, and including the following information: (a) The total area of the property in acres and square feel. (b) A map of existing terrain conditions, including topography with a vertical contour interval of no more than two (2) feet, indentification of- soil types (including wetlands), existing drainage features, major rock outcroppings, the extent of existing wooded areas and other significant megetatimi, and other significant features of the property. (c) A site location sketch indicating the location of the property with respect to neighboring streets and properties, including the names of all owners of property within five hundred (Soo) feet therefrom, as shown on the last completed town assessment roll. Such sketch shall also show the existing zoning of the property and the location of all zoning district boundaries in the Surrounding neighborhood, (d) A preliminary site development plan indicating the approximate location, height and design of all buildings, the arrangement of parking areas and access drives and the general nature and location of all other proposed site improvements, including recreational facilities, landscaping and screening, the storm drainage system, water and sewer connections, etc. (e) A plan showing the number, type and location of all proposed dwelling units and unimproved lots to be reserved for sale or lease to moderate income families, and the ratio of the same to all proposed dwelling units and lots in the development. (f) A generalized time schedule for the staging and completion of the proposed project. (g) An application fee in the amount of fifteen dollars ($15. ) for each proposed dwelling unit or five hundred ($500.) dollars, whichever is greater. C. Referral to Planning Board. Upon the receipt of a property completed application for the establishment of a new AHD District, one copy of the application shall be referred to the Planning Board for its review and report, and one copy shall be referred to the Suffolk County Planning Commission for its review and recommendation, if required by the provisions of the Suffolk County Charter. Within sixty (60) days from the date of the Planning Board meeting at which such referral is received, the Planning Board shall report its recommendations to the Town Board, No action shall be taken by the Town Board until receipt of the Planning Board report or the expiration of the Planning Board review period, whichever first occurs. Said review period may be extended by mutual consent of the Planning Board and the applicant. D. Planning Board Report. The Planning Board, in its report to the Town Board, may recommend either approval of the application for the establishment of the AHD District, with or without modifications, or disapproval of said application. In the event that the Planning Board recommends disapproval of said application, it shall state in its report the reasons for such disapproval. In preparing its report and recommendations, the Planning Board shall give consideration to the Town Master Plan, the existing and permitted land uses in the area, the relationship of the proposed design and location of buildings on the`"Site, traffic circulation, both on and off the site, the adequacy and availability of community facilities and utilities, including public water and public sewer systems, to service the proposed development, compliance of the proposed development with the standards and requi'i`elnents of this Article, the then- current need for such housing, and such other factors as may be related to the purposes of this Article. E. Town Board Public Hearing. Within forty-five (45) days from the date of the Town Board's receipt of the Planning Board's report and recommendation, or the expiration of the Planning Board review period, whichever first occurs, the Town Board shall hold a public hearing on the matter of establishing an AHD District on the property described in the application. Such hearing shall be held upon the same notice as required by law for amendments to the town Zoning Map and/or Zoning Code. F. Town Board Action. (1) Within forty-five (45) days after the date of the close of the public hearing, the Town Board shall act either to approve, approve with modifications, or disapprove the preliminary development concept plan and the approval or disapproval of the establishment of the AHD District applied for. Approval or approval with modifications shall be deemed as authority for the applicant to proceed with the detailed design of the proposed development in accordance with such NOVEMBER 1, 1988 concept plan and the procedures and requirements of this Article. A copy of the Town Board's determination shall be filed with the Planning Board and a copy mailed to the applicant. A copy shall also be filed in the Town Clerk's Office. If such determination approves the establishment of a new AHD District, the Town Clerk shall cause the official Zoning Map to be amended accordingly. (2) Approval of the establishment of an AHD District shall expire twelve (12) months after the date of Town Board Approval thereof if the applicant has not received site development plan approval and final subdivision plat approval of at least the first section of the planned development within such twelve (12) months period. Approval of the establishment of an AHD District shall expire eighteen (18) months after said Town Board approval thereof if work on the site has not commenced or the same is not being prosecuted to 'conclusion with reasonable diligence. The Town Board, upon application of the applicant, and upon good cause being shown, mazy in the exercise of its discretion, extend both of the above time periods for not more than two (2) additional periods of not more than six (6) months each. In the event of the expiration of approval as herein provided, the AHD District shall be deemed revoked and the zoning classification of the property affected thereby shall revert to its zoning classification that existed on the property immediately .prior to • the establishment of the AHD District thereon, and the Town Clerk shall cause the official Zoning Map to be amended accordingly. G. Site Plan And Subdivision Plat Approval by the Planning Board. i i (1) No earthwork, site work, land clearing, construction or development activities shall take place on any property within an AHD District except in accordance with a site plan approved by the Planning Board in accordance witW' the provisions of this Article and in accordance with the procedures and standards for site plan approval as set forth in Article XXVof this Chapter. (2) Where a proposed development Involves the subdivision or resubdivision of land, no development shall droceed until the Planning Board has granted final subdivision plat approval In accordance with the provisions of Chapter A106 of the Town Code. Section 100-S6 General Reaulations and Requirements. A. Sewer and Water. In an AHD District, public water supply systemsand/or public sewer disposal systems shall be provided to serve all dwelling units located therein. ' I B. Covenants and Restrictions. In approving a preliminary development concept plan and/or the establishment of an AHD District, the Town Board shall have the right to require the applicant and/or the owner and all persons having an Interest In the premises to execute an agreement. In recordable form, containing such restrictions, covenants, terms and conditions as It deems necessary to accomplish the intent and purposes of this Article. C. Provision For Moderate Income Family bwe)ling Units And Unimproved Lots. (1) On land within an AHD District containing ten (10) acres or less of land, not less than forty (40%) percent of the dwelling units and/or unimproved lots located therein shall be reserved for sale or lease tc moderate income families. (2) On land within an AHD District containing more than ten (10) acres d land, not less than fifty (So%) percent of the dwelling units and/or unimproved lots therein shall be reserved for sale or lease to moderal income families. i 0. Eligibility. j In each AHD District, the sale or lease of dwelling units reservec for moderate Income families, and the sale of unimproved lot: reserved for sale to moderate Income families shall be allocated on ' - priority basis, In the following order: (a) First to eligible applicants employed In the Town of Southold. (b) Second to eligible applicants who reside : in the Town o Southold, In the order of length of- residence In the Town. (c) Third to all other eligible applicants. E. Maximum Sales Price And Monthly Rent. (1) In an AHD District, the maximum Initial sales price of a dwelling un or unimproved lot reserved for sale to moderate income families sha be as follows: (a) Unimproved lot containing an area of 10,000 sq, fl, - $25,000. (b) Attached dwelling unit - $60,000. (c) Single-family detached dwelling unit - $75,000. (2) The maximum initial monthly rent (exclusive, of utilities for a dwelling unit reserved for moderate income families in the AHD District shall be as follows: (a) Studio Apartment - $300. , 1988NOVEMBER 1 412 (b) One bedroom dwelling unit - $400. (c) Two bedroom dwelling unit - $500. (d) The provisions of this Section 100:56E(2) shall remain in effect as to each dwelling unit for a period of fifteen (15) years from the dste of the initial lease thereof. j (3) The maximum sales prices and monthly rents set forth in Section 100- 56 (1) and (2) hereof shall be revised each year on January 31st to conform to the previous year's change in the consumer price index. F. Resale Price of Dwelling Units and Unimproved Lots. (1) Dwelling units in an AHD District reserved for moderate income families . may be resold to moderate income families, provided that the maximum, resale price does not exceed the purchase price plus the : cost of permanent fixed improvements, adjusted for the increase in the consumer price index during the period of ownership of such dwelling unit and such improvements plus reasonable and necessary resale expenses. (2) Unimproved lots in a AHD District reserved for moderate income families may be resold to moderate income families, provided that the maximum resale rice does not exceed the j p purchase price of such lot adjusted for the change in the consumer price index for the period during, which such lot was owned by the resale seller, plus reasonable and necessary resale expenses. I (3) Where an unimproved lot in an AHD District reserved for moderate income families is improved with a dwelling unit, the maximum resale price shall be determined in the manner specified in Section 100-56F (1) hereof. (4) Notwithstanding the provisions of Section 10o- 56-F (1), (2) and (3) hereof, the Director may authorize the resale of a dwelling unit or unimproved lot reserved .for moderate income families at a price in excess of the maximum resale price specified in Section 100- 56-F ( 1), (2) and (3) hereof, under the following conditions: (a-) That the owner of such dwelling unit file an application with the Director requesting approval of such resale, setting forth in detail the calculation for the determination of the maximum resale price, the proposed resale price, and such other information and documentation as the Director shdil request. (b) That the portion of the resale price in excess of the maximum allowable resale price shall be divided between the resale seller and the Town in the following_proportions. Year of Resale Percentage Percentage after purchase to Owner To Town li Ist a 100 j 2nd 20 30 3rd 40 6o 4th 60 +t0 Sth 30 :0 6th 9,0 10 (c) All money received by the Town pursuant to the provisions of the preceding paragraph (b) shall be deposited in separate accounts and shall be expended only for the purposes of this Article in such manner as shall be determined by the Town Board. Section 100- 57 Administration. A. General Duties of Director. (1) The Director shall be responsible for the administration of dwelling units and unimproved lots reserved for moderate income families in all AHD Districts pursuant to the provisions of this Article. (2) The Director shall' promulgate and maintain information and documentation of all dwelling units and unimproved lots reserved for moderate income families in all AHD Districts; the number thereof available for sale or lease at all times; the sales prices and monthly rent for such dwelling units and lots; the names and addresses of eligible families desiring to purchase or lease the same, together-with a priority list of such , families. The Director shall maintain such other records and documents as shall be required to properly administer the provisions of this Article. 13. Interagency Cooperation. (1) Whenever the Town Board approves the establishment of an AHD District, a copy of such determination shall be filed with the Building Inspector and the Director, together with a copy of any agreements and/or covenants relating thereto. (2) Whenever the Planning Board approves a subdivision plat and/or a site plan affecting land within an AHD District, a copy thereof shall be filed with the Building Inspector and the Director, together with copies of any agreements and/or covenants relating thereto. (3) Whenever the Building Inspector shall issue a building permit, a certificate of occupancy or any other permit or authorization affecting dwelling units and/or unimproved lots located in an AHD District and reserved for sale or lease to moderate income families, a copy thereof shall be filed with the Director. NOVEMBER 1, 1988 C. Procedure. 413 (1) Whenever the Building Inspector receives an application for a certificate of occupancy for a dwelling unit or unimproved lot located in an AHD District and reserved for sale or lease to moderate income families, the Building Inspector shall file a copy thereof with the Director who shall inform the owner and/or person filing such application of the maximum sales. price or monthly rent for such dwelling unit or lot as well as eligibility requirements for families seeking to purchase or lease such dwelling units or lots. (2) No certificate of occupancy may be issued by the .Building Inspector until the Director has supplied the Building Inspector with the information provided for in the preceding paragraph and the Building Inspector determines that the issuance of the.-certificate of occupancy will not permit a use, occupancy, sale or lease of a dwelling unit or unimproved lot in violation of the provisions of this Article. (3) The Director shall certify the eligibility of all applicants for lease or purchase of dwelling units and unimproved lots reserved for moderate income families. An owner of dwelling units and unimproved lots in an AHD District which are reserved for sale or lease to moderate income families shall not sell or lease the same to any person who does not possess a certificate of eligibility issued by the Director. A violation of the provisions of this paragraph shall constitute grounds for the revocation of a certificate of occupancy. (4) On or before March 31 of each year, the Director shall notify the owner or manager of dwelling units and unimproved lots reserved for moderate income families of the monthly rent, sales price and income eligibility requirements for such units and lots based upon data derived from the preceding year. (5) The owner or manager of dwelling units and unimproved lots reserved for moderate income families shall certify in writing to the Director on or before May 31 of each year that the sale and/or lease- of such dwelling units and lots comply with the provisions of this Article and Chapter 100 of the Town Code. (6) When a dwelling unit reserved for lease to moderate income families is to be rented, the lease for such unit shall not exceed a term of two (2) years. i Section 100- 58 Applicability of Town Code. All of the Provisions of the Code of the Town of Southold not inconsistent , or in conflict with the provisions of this Article shall be applicable in the AHD District. 12. Article VI is repealed and a new Article VI is added in its place, to provide as follows: ARTICLE VI Resort Residential (RR) District Section 100-60. Purpose. The purpose of the Resort Residential (RR) District is to provide opportunity for resort development in waterfront areas or other appropriate areas where because of thie availability of water and/or sewer more intense development may occur consistent with the density and character of surrounding lands. Section 100-61. Use regulations. In an RR District, no building or premises shall be used, and no building or part of a bui ding shad be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the iollowing: A. Permitted uses, (1) Any permitted use set forth in, and as regulated by Section 100-31A of the Agricultural-Conservation District. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafti provided, and except for the uses set forth in subdivision (5) hereof, are suolect to site plan approval by the Planning Board. (1) Any special exception use set forth In, and as regulated by Section 100-31(B) ( 1) , (6) , (7) and ( 14) of the ciriculturai-Conservation District. (2) Marinas for the docking, mooring or accommodation of noncommercial boats. (3) Yacht clubs. (t{) Transient hotels or motels, resort hotels or motels, conference facilities provided that the (allowing requirements are met: NOVEMBER 1 , 1988 414 (a) Minimum oarcei size shall be five (5) acres. (b) The maximum number of guest units shall be: one (1) unit per six thousand (6,000) square feet of land wit out puulic water or sewer. one (1) unit per four thousand (4,000) square feet of land with uublic water and sewer. (c) No music, entertainment or loudspeaker system shall be audible romm beyond the prooerty line•. (d) No lir4hts shall create a glare on adjoinin.I prp e!ty_(5') Bed and breakfast uses as set forth in and as I.,:(1ul,Icfl by Scctwri —667TiB ( 15) ----- --.- (6) Tourist camas as regulated by Chapter 38 of the Town Code (7) Free standing restaurant. C. Accessory uses. (1) Any accessory use set forth in, and as regulated by Section 100- 31C (1) through (7) of. the Agricultura -Conservation District (2) Signs as re ulated by Section 100-31C (9) of the Agricultural- Conservation District, and in the case of a ote , motel resort, tourist camp, country club,. beach club, swim club, tennis club, if the buildin is set back twenty-five (25) feet, one ( 1) free- standing or ground i uminated sign with a maximum area of eighteen (18) square feet may a permitted at the entrance, set back a minimum of fifteen (15) feet from the street line. (3) Sanitary and laundry facilities. (4) Accessory uses set forth in and as regulated by Section 100-42C(3) of the Hamiet Density Oistrict. Section 100-62. Bulk, area and parking requirements. Except as otherwise provided herein, no buildings or premises shall be used and no building or part thereof 'shall be erected or altered in the Residential RK District unless the same conrorms with the Bulk Schedule and Parkin and Loading Schedules incorporated into this chapter by reference, with the same force ancreffect as if such regulations were set forth erein in ful . 13. Article VII is repealed and a new Article VII is added in its place, to provide as follows: ARTICLE VII Residential Office (RO) District Section 100-70. Purpose. To provide a transition area between business areas and low density residential development along major roads which will provide opportunity for limited nonresidential uses in essentially residential areas. Section 100-71. Use regulations. In a Residential Office (RO) District, no building or premises shall be used, and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in w ole or in part or any uses except the following: A. Permitted uses. (1) One-family detached dwellings, not to exceed one dwelling on each lot (2) Buildings, structures and uses owned or operated by the Town -of Southold, School Districts, Park Districts and ire Districts. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the ward of AoDeals as hereinafter provided, and subject to site clan aooroval by the Plannina Board, orovideti that not more than one (1) use shall be allo-wea for each 40,000 sa.ft. of lot of M Special exception uses as set fortn in and requ atea by Section 100- 1 1) througn (7) or the Aaricultural-Conservation District (2) Professional offices and business offices. (3) Funeral homes. (4) Bed and Breakfast uses as set forth in and regulated by Section 100-3181 except that no site plan approval is required (5) Libraries, museums or art galleries. C. Accessory uses, limited to the following: (1) Accessary uses�as set forth in and regulated by Section 100-31 (1) through (7) Of the A ricuItura -Conservation District and subject to the conditions set rorth in Section 100733 :hereor. (2) The following signs,• subject to the supplementary sign regulations set Forth in Article XY: NOVEMBER 1, 1988 415 (al One. 1) indirectly itlumina.ted.,nameolate.or professional sign not more than two (2) square ieei,in area. (b) One 1) real estate siqn, either single or double-faced, not larger than w i ,�,_t2) square feet in size on = one or Inure [o*(s,_,jZjv'e'rtish or lease of onlv the premises on wMiEW-It" Zr�d-se[-back not less s than f i rt­een_(7-5-17-ee't-1-r-o'm a i iy lot n L--: where_hee acreage or a subdivision asa con fro continuous nt—acle- oT­f_*1Ve­Fin-dr­e-a-- (5001 feet or more, said Sion may not exceed twenty-four (241 square feet in size. (c) One (1) bulletin board or other announcement or identification sign for uses permited by Section 100-316 (3). (4), (5) and (6) , not more than eighteen (18) square feet in area, located not less than fifteen (15) feet from any street or lot line. (3) Accessory uses set forth in and regulated by Section 100-42C.(3)_ of the Hamlet Density District. Section 100-77. Bulk, area and parking requirements. A. No building or premises shall be used and no building or part thereof shall be erected or altered in the Residence-Office (RO) District unless the same conforms with the Bulk Schedule and Parking and Loading — Schedules incorporated into this cnaoter, with the same force and effect as 1 such regulations were set forth herein in full. 14. Article Vill is repealed and a new Article Vill is added in its-place, to provide as follows: ARTICLE Vill Limited Business (LB) District Section 100-80. Purpose. The purpose of the Limited Business District (LB) is to provide an opportunity to accommodate limited business activity along highway corridors, but in areas outside the hamlet central business areas that. is consistent with the rural and historic character of surrounding areas and uses. Emphasis will be placed on review of design features so that existing and future uses will not detract from surrounding uses. The additional uses must generate low amounts of Traffic and be designed to protect the residentaii and rural character of the area. Section 100-81. Use regulations. In the LB district, no building shall be used and no building or part of a building shall be erected or altered which is arranged, intended or ciesicined to be used, in whole or in part, for any uses except the following: A. Permitted uses. (1) Anv permitted use as set forth in and regulated by Section 100- 31A of the Aqricultural-;Z-onservation District. (2) The following uses are permitted uses subject to site plan approval by the fl—lanning Board: (a) Retail businesses comolementary to the rural and historic character 311 the surrounding area limited to the following: M Antique, art and craft shoos and ciallaries. (ii) Custom workshops and machine shoos. (iii) Wholesale or retail sale and accessory storage and display of ciarden materials, and plants, includinq nursery operations provided that the outdoor storage or_displav of plants and material does not obstruct pedestrian flow or venicular traffic and does not occur within three (3) feet of orocierty line:_ (iv) Libraries or museums. (b) Professional and business offices. (c) Funeral Homes. (d) Restaurants, except drive-in restaurants. (e) Personal service stores and shoos, including barber shoo, beauty P51-1-Or, Professional studios andtravel a(lency. M Repair shoos for household, business or )personal Z1 j)j)1iJJ1CL!5. including caUlnet shoos, carpenter shoi)s. cluctri(:jI shol)s, 7u_- plumbing shoos, ruture rLoair shoos and bicvclu and I-liotorcvcle shoos, landscaping and other service business. Wholesale and warehousing. (h) Retail uses supplements! 'o the service business establishment. i 416 NOVEMBER 1, 1988 1 B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, and except for Bed and Breakfast uses are subject to site pan approval by the Fanninci Board. (1) Any special exception use as set forth in and regulated by Section 100-31B of the Agricultural-Conservation District. C. Accessory uses, limited to the following uses: (1) Any accessory use as set forth in. and regulated by Section 100- 31C 1) through (8) of the agricultural-Conservation District and subject to the conditions set forth to Section 100-33 thereof. (2) Signs subject to the following requirements (a) Freestanding;or ground signs. Where the building is set back twenty-five (25) feet or more from the.street, one sign, single or double-faced, not more than ei hteen (18) square feet, the lower edge of w is sliall be not ess than four feet above the ground, unless attaches to a wal or ence and the upper edge of which shall not extend more t an fifteen (15) feet above the ground, which sign shall be set back not less than fifteen (15) feet from all street and property lines and shall advertise oniv the bu sines s:conducted on t e oremises. As used in this subsection, .t a word premises' shall mean all contiguous property in common ownership. I (b) Wall signs. One sign attached to or incorporated in each building wall on a public street ans advertising only the business conducted in such building, provided that such scan does not: (i) Exceed one (1) square foot in total area for each horizontal pot of such wal ((i) Exceed in width one hundred percent (1000) of the horizontal measurement of sucn wall. (iii) Exceed three (3) feet in height. i (iv) Project more than one (1) foot from such wall. Section 100-82. Bulk, area and parking requirements. Exce t as Otherwise provided herein, no buildin s or premises shall be used ! and no building or part thereof shall b-erected or altered in the LB District unless the same conforms with the Bulk Sc tedule and Parkins and Loading Schedules incorporated into this cnaoter y reference, with the same force and effect as if ins were set forth herein in fu -- 15. Article IX is repealed and a ,new Article IX is added in its place, to provide as follows: ARTICLE IX Hamlet 'Business (HB) District Section 100-90. Purpose. The purpose of.the Hamlet Business (HB) District is to provide for business eveiooment in the hamlet central business areas, including retail, a fice and service uses, public and semi-public uses, as well as hotel and motel and multi- family residential development that will support and enhance the retail development and provide a focus for the (hamlet area. Section 100-91. Use regulations. In a HB District, no building or premises shall be used, and no building or part o a building shall be erected or altered which is arranged, intended or designed li to be used, in whole or in part, for any uses except the following: A. Permitted uses. (1) Any permitted use set• forth in and regulated by Section 100-31A (1) and (3) of the Agricultural Conservation District. (2) Any permitted uses as set forth in and as regulated by Section 100- 42A (2) of the Hamlet Residential District. (3) Boarding houses and tourist homes. (4) Business, professional and governmental offices. (5) Banks and financial institutions. (6) Retail stores. (7) Restaurants, excludin drive-in restaurants. (8) Bakeshops (for on-premises retail sale) . (9) Personal service stores and shoos, including barber shoo, beauty parlor, professional stuatos, and travel agency. (10) Art, antique and auction ciall erie' s. NOVEMBER 1, 1988 417, (111) Artists' and craftsmen's workshops. (12) Auditorium or me etinq hall. ' (131 Repair shoos for household, business or, personal appliances, includinq cabinet shops, carpenter shops, electrical shoos, PIU[Tltjina snoos, Fu—rniture repair shoos and bicycle and mocorcvcfe shoos. (14) Custom workshops. (15) Bus or train stations. (16) Theaters or cinemas (other than outdoor) (11) Libraries or museums. (18) Laundromat. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board ot Appeals as hereinafter provided, subject to site plan approval by the Planning Board. (1) Any special exception use set forth in and as regulated by Section 100-31 B (3) to (6) and (14) and [151of tFe 2�9—riculture Conservation District (2) Multiple dwellings and townhouses. (3) Motel and hotel uses as set forth in and regulated by Section 100- 61 B (4 ) of the Resort Residential B District, except That—minimum of size shallbe one (1) acre. (4) Apartments may be permitted over retail stores, subject to the follmim requirements: (a) The explicit written approval of the Town Fire Prevention Inspector shall be obtained for the—design, location, access and other safety-related elements of every such apartment. No apartment shall be permitted over filling stations, stores retailing fla-m-m-a-b-Te—or fume-producing goods, restaurants or other businesses wit kitchensor other facilities oroducing intense heat, or any otner estaoIis_n_m_e_n_t_w_Fi_cTi the Fire Prevention Inspector determines to pose a area ter-than-averacie built-in tire risk. (b) The habitable floor area of each apartment shall be at least four hundre i t 450) square feet, but in no case more than seven hundred fifty (750) sauare teet. The apartment shall not be located on theT-r-st-tGor—Of the-6-uilding and the apartment s-hall contain all services for sate and convenient habitation, meeting tFe New York State Uniform Fire Prevention and-Buildinci Z` ce and the Sanitary Code. .(c) There shall be no more than three (3) apartments created or maintained in any single buildinq-. (d) Each apartment, or common halfway servicinq two or three apartments shall nave a separate -access to the outside of the buildina, which must be distinct from the &6cess to uses an the first floor. (e) Each apartment shall have at feast one (7) on-site off-street parking space meeting the standards of this cRiapter, conveniently .—ca , q d ci for access tothe apartment. (f) Only the owner of the buildina in which it is proposed to locate the aDartment(s) ma apply for this special permit.. The B o-a-r-d of ADDealssnal require r at such applicant execute such agreements, contracts, easements, covenants, deed restrictions or other legal instruments runninq in favor of the Town as, upon reco n of the Town Attorney, the Board shall determine U; be necessary to insure that: (i) The apartment, or any Droorietar or other interest therein, y or wTIl_not _b(- soT_cj to the'—tenant or any o.t ur party, cxcLtjt as part W.I I t Iv.aparliflun t i .locates]'.—- - er S_ oca I The aoartment is made available for year-round rental. (iiil The apartment is properly 'constructed, maintained and used, and unapproved uses are excluded—tFie-r-et'r-o-in'.- - (iv) Any other condition deemed reasona.ble and necessary to insure the immecii7te-and lonq-term success ofthe apartment in helping to meet identified ho`u�sinqneeds in the community is complied wit (5) Bed and breakfast enterprises or boarding and/or tObrist home as Set forth and regulated by Section 100-5l B 131 of the Resort Residential A District. (6) Fraternal or social institutional offices or meetina hall. (7) Drinking establishments. (8) Public Garage. (9) Funeral Home. 418 NOVEMBER 1, 1988 C. Accessary Uses. (1) Accessory uses as set forth in and re ulated by Section 100-31C (1) through (7) of the Agricultural-Conservation District, and subject to the conditions set forth in Section 100-33 thereof. (2) Byers as set forth in Section 100-81C (2) of the Limited Business District. (3) Directional or informational signs, not exceeding two (2) square feet, which the Planning Board finds to be necessary to facilitate circulation t rouahout the district. Section 100-92. Bulk, area and parking requirements. No buildinq or premises shall be used and no building or part thereof shall be erected or altered in the HB District unless the same conforms with the Bulk-_ c edule and Parkinq and Loading Schedules incorporated into this chapter y reterence, with the same force and et ect as if such regulations were set forth nerein in full. Section 100-93. Uses confined to enclosed buildings. All uses permitted in a HB District, including the display and sale of merchandise and the storage of all property, except living plants, shrubs or trees, s a�- be confined to fully enclosed but dings on the premises. 16. Article X is repealed and a new Article X is added in its pfa-Ce, to provide as follows: ARTICLE X General Business ( B ) District Section 100-100. Purpose. The purpose of the General Business (13) District is to provide for retail and who esa a commercial development and limited office and industrial development outside of the amlet central business areas, generally gong major hig ways. It is desicined to accommodate uses that benefit from large numbers of motorists, that need at (y rrge parcels o land. and that may involve characteristics such as heavy trucking and noise. Section 100-101. Use regulations. In the f B) District, no building or premises shall be used, and no buildinq or part thereof shall be erected or altered which is arran ed, intended or designed to be used, in whole or in part, or any uses except thefollowing: A. Permitted uses. (1) Any permitted use set forth in and reaulated by Section 100-31A (2) and (3) of the Agriculture Conservation District. (2) Any permitted use set forth in and regulated by Section 100-91A (3) to (18) of the Hamlet Business District. (3) . Wholesale businesses, warehouses, and building material storaae and sale, but excluding storage of coal, coke, fuel oil, or junk. (4) Building, electrical and plumbing contractors' businesses or yards. (5) Cold storage plants, baking and other food processing and packaging plants that are not offensive, obnoxious, or detrimental to neicinboring uses by reason of dust, smoke, vibration, noise, odor, or effluent. - (6) Wholesale or retail sale and accessory storage and display of garden materials, supplies, and plants, including nursery operations, provided that the outdoor storage or display of plants and material does not obstruct pedestrian f ow or vehicular tratfic and does not occur within three feet of property line. (7) Wholesale/retail beverage distribution. (8) Funeral homes. (9) Train or bus stations. (10) Telephone exchanges. B. Uses permitted by special exceb-cion by the Board of Aooeals.The following uses are permitted as a special exception by the Board of : L)t� S, as hereinafter provided, subject to site plan approval by the Pianninq Board. , (-I-)- Any special exception use as set forth in and regulated by Section 0-10316 (2) to FT) of the Agricultural-Conservation District. (2) Hotel or motel uses asset forth in and reaulated by Section 100 i;lB (4) of the Resort Residential (RR) District,exceot that minimum lot size shall be one (1) acre . (3) Bed and breakfast enterprises or boarding and/or tourist homes as set forth in and regulated by Section 100- 31B ( 15) of the ricu tural�onservation District, except that no site plan approval s required. (4) Tourist camps as regulated by Chapter 813 of the Town Code. NOVEMBER 1, 1988 419 (5) Research design or development laboratories, provided that any manu acturing shall be limited to prototypes and products for testfncl. (6) Fully enclosed commercial recreation facilities including, but not Ifmfted to, tennis clubs, skating rinks, padd a tennis, handball and squash facilities, dance halls, billiard parlors bowling alleys health spas and clubs and uses normally accessory and incidental to commercial recreation, sucH as locker rooms, eating and drinking facilities, and retail sale of goods associate with-the particular activity. (7) Laundry or dry cleaning plant subject to the followina conditions: (a) All processes and storage shall be carried on within an enclosed building. (b) All fluids used in processing shall be recycled, and the overall acuity shall be designed, located and operated to protect surface waters and the groundwater reservoir from pollution. (8) Fraternal or social institutional office or meeting hall (non-profit] (9) Fast food restaurants, provided that eating an the premises of the fast food restaurant shall be permitted only inside the structure or in areas speci ically designated and properly maintained outside or the structure and where minimum lot size for a free-standing structure is forty thousand (40,000) square feet. (10) Drinking establishments. (11) Automobile laundry. (12) Public garages, gasoline service stations new and used motor vehicle lots, vehicle sales and rental, including the sale of recreation vehicles and trailers and boat sales. with accessory repair facilities a� sui3iect to the following requirements: (a) Entrance and exit driveways shall have an unrestricted width of not less than twelve 12) feet and not more than thirty (30) feet and shall be located not less than ten (10) feet from any property line, and snail be so laid out as to avoid the necessity of any vehicle backing out across any public right-of-way. (b) Sale of used vehicles or'boats shall be conducted only as accessory to the sale of new vehicles or boats. (c) Vehicle lifts:,pr pits, dismantled automobiles, boats and vehicles and all parts or suppiies shall_ge located within a l�uildi�i�_ I (d) All service or repair of motor vehicles, other than such minor servicing as change of tires or sale or gasoline or oil, snall be conducted In a bd•I ding. I (e) The storage of gasoline or flammable oils in bulk shall be located fully underground and not less than thirty-fiveT35) feet (roin any property line other than the street line. - (f) No gasoline or fuel pumps or tanks shall be located less than• i(teen ( 15) feet from any street or uroperty line. Outdoor area lighting shall be that aenerally required for security purposes and shall be restricted to the front one- third (1 3) of the lot depth. All outdoor lighting shall be located at a height of not more than fourteen (14) feet above ground leve and so directed that illumination should not extend beyond lot lines. (h) No gasoline service or repair shoos or similar businesses are to be locate within three Tiuncired (300) feet of a church, ch, public school, library, hospital, orphanage or a rest home. (13) Partial self-service gasoline service stations, subject to all of the provisions of Section 100-1018 (12) herein, and the following additional requirements (a) Each partial self-service gasoline facility shall have a qualified attendant on duty whenever the station is open for business. It shall be the duty of the qualified attendant to control and operate both the console re ulatinq the flow of gasoline to the. dlsoensing equipment thereafter to be operated by the customer at the self-service pump island and the dispensing equipment on the other pump islands. (b) Gasoline shall at no time be dispensed without the direct supervision a the qualified attendant. •A control shall be provided which will s hut off the flow of gasoline to the dispensinq equipment at the sel -service oumo island whenever the qualified attendant is absent from the control console for any reason whatever, Inc Udlna When a Is operatlna the Ispensinq equipment on the other oumo islands. (c) The console regulating_ the flow of aasoline to the remote disoensina equipment therearter operatea by the customer at the self-service Dumd island seal oe situated in such a manner as to give the qualifiea attendant controllinq said console an unoostructed view of the operation of said remote disoensin equipment. 420 NOVEMBER 1, 1988 (d). The self-service oumo island shall have controls on all dumps that -IF-Permit said oumos to operate only when a aispensing nozzle is removed from its bracket on the oumo and the switch or this pumo is manually operated. (e) The self-service oumo island shall be protected by an automatic fire protection system in the corm of an aoorovea system of dry powder release wnich will act as an automatic fire extinquisher. (f) No customer shall be permitted to dispense gasoline unless he shall oossess a valid motor venic a operator s license. There shall be no latch-open device on any self-service dispensing nozzle. (14) Private transportation service including garage and maintenance facilities. C. Accessory uses. ( 1) Accessory uses set forth in and as reaulated by Section 100. 31C 1)through (8) of the Agricultural-Conserva(ion District, suuiect to the conditions set forth in Section 100-33 thereof. (2) Wall signs as set forth and regulated in subsection C (2)(5) of the ted business District Section 100781, -- (3) Free-standing or ground signs. Where the building is setback twenty- five (25) feet or more from the street, one (1) sign, single or double- not more than twenty-four (24) square feet, the lower edge of which shall be not less than four 4 feet above the gi'ound unless attached to a wall or fence and the upper edqe of which shall not extend more than fifteen (15) feet above the ground shall be permitted, which sign shall be set back not less than fifteen (15) feet from all street and property lines and shall advertise only the business conducted on the premises. As used in this subsection, the word "premises" shall mean all contiguous property in common ownership. (4) Open storage of materials or equipment provided that such storage shall be (1) at. east 25 feet from any lot line (2) not be more than six feet high, and (3) be suitably screened by a solid fence or other suitable means of.at least six feet in heicInt. Section 100-102.Bulk,: area and park;ng requirements No buildin or remises shall be used and no building or part thereof shall e erected or altered in the B)+District unless the same conforms with the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulation were set forth herein in full. 17. Article XI is repealed and a new Article XI is added in its place to provide as follows: ARTICLE XI Marine I (MI) District Section 100-110. Purpose. \ To provide a waterfront location for a limited range of water dependent and water related uses which are those uses which require or benefit from direct access to or location in marine or tidal waters but which are located within the Town's tidal creeks or natural coves. Section 100-111. Use Regulations. In an MI District -no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. (1) One (1) One-family detached dwelling per single and separate lot of record in existence as of the date of adoption of this local law. (2) Marinas for the dockin moorin and accommodation o recreational or commercial boats, including the sale of fuel and oil primarily for the use of boats__ accommodated in such marinas. (3) Boat docks slips piers or wharves for pleasure. or fishing trips or for vessels enqaqed in fishery or shellfishery. (4) Boat yard for building storing, repairing, renting, selling or servicing boats which may include the following as an accessory use: office for the sale of marine equipment roducts, dockside facilities for dispensing of ueor and where pumpout stations are provided, restroom and laundry facilities to serve_ overnight patrons. (5) Boat and marine engine repair and sales and display, yacht broker, marindrinsurance broker. NOVEMBER 1, 1988 421 (6). Buildings-,., structu,res-.-and..uses owned or operated by the Town of Southold, School Districts, Park Districts and Fire Districts. (7) Retail sale or rental of fishing, diving, bathinq supplies and equipment if accessory to marina or boat yard of ships loft or chandlery. B. Uses permitted by special exception by the Board of Hppeais. The following uses are permittc as a species exception by the Board of Appeals as herein-ifter provided, I to site plan approval by the Planning Board (1) = Beach Club, yacht club or boat club including uses accessory to them such as swimming pools tennis courts, and racquetball facilities. (2) Mariculture or aquaculture operations or research and development. C. Accessory uses, limited to the following: 1) Accessory, uses as set forth in and regulated by Section 100-31C (1) through (7) of the Agricultural-Conservation District and subject to the conditions of Section 100-33 thereof. (2) Signs, as set forth in and regulated by Section 100-BIC (2) of Limited Business District. Section 100-112. Bulk, area and parking requirements. No buildinq shall be used and no buildinq or part thereof shall be erected or altered in the Ml district unless the same conforms with the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter, by reference with the same force and effect it such regulations were set forth herein in full 17A. Article XII (Board of Appeals) is renumbered Article XXV11 and a new Article XII is added in its place, to provide as follows: Marine II (Mll) District Section 100-120. Purpose. I To provide a waterfront location for a wide range of water dependent and water related uses which are those uses which require or benefit from direct access to, or location in marine or tidal waters and which in general are located on major waterways, open bayfronts or the Long Island Sound Section 100-121. Use Regulations. I In an MII District, no building or premises shall be used and no buildinq or part of a building shall be erected or altered which is arranged, intended or designed to be used in whole or in' part, for any - uses except the following (one use per eighty-thousand (80,000) square feet of land above mean high water, unless otherwise specified): A. Permitted uses. One (1) One-family detached dwelling per single and separate lot of record in existence as of the date of adoption of this local law. (2) Marinas for the docking, mooring and accommodation of recreational or commercial boats, including the sale of fuel and oil primarily for the use of boats accommodated in such marina. (3) Boat docks, slips, piers or wharves for charter boats carryrnq passengers on excursions pleasure or fishing taps or for vessels engaged in fishery or shellfrshery. (4) Beach club, yacht club or boat club including uses accessory to them such as swimming pools tennis courts, raguetball facilities. (5) Boat yard for buildinq storing repairing eti n rng, selling or servicing boats which may include the following as an accessory use: office for the sale of marine equipment or products, dockside facilities for dispensinq of fuel, and where pumpout stations are provided, restrooitf and laundry facilities to serve overnight patrons. (6) M_ariculture or aquaculture operations or research and development. (7) Boat and marine engine repair and sales and display, yacht broker, marine insurance broker. (a) Buildings, structures and uses owned or operated by the Town of Southold, School Districts, Park Districts and Fire Districts. (9) Retail sale of rental of fishing diving bathing supplies and equipment if accessory to marine or boat yard of ships loft or chandlery. 4 2 2. NOVEMBER 1, 1988 B. Uses permitted by s ecial exception by the Board of Appeals. The o lowing uses are permitted as a soecia exception by the Board of Appeals, as hereinafter erovided subject to site plan approval by the Planninq Board. (1) Restaurants excluding outdoor counter service. drive-ins or curb service establishments. Such prohibition shall not prevent service at tables on a covered or uncovered terrace or porch incidental.to a restaurant. (2) -Ferry terminal. (3) Transient hotels or motels subject to the following conditions (a) The minimum area for such use shall be not less than three (3) acres. (b) The number of quest roams permitted in the hotel or motel shall be determined by, (1) the proportion of the site utilized for such use, and (2) the availability of public water and sewer. The maximum number of guest units shall be one (1) unit per four thousand (4,000) square feet of land with public water and sewer. i (4) Fish processing plant. (5) Fish market which may include a combination of wholesale and retail sale of finfish and shellfish. (6) Museum with nautical theme or art gallery. C. Accessory uses, limited to the following: (1) Accessory uses as set forth in and regulated by Section 100-31C (1) thorugh (7) of the Agricultural-Conservation District, and subject to the conditions of Section 100-33 thereof. (2) Signs, as set forth in and aregulated by Section 100-BIC (2) of Limited Business District. Section 100-122. Bulk, area and parking requirements. No building shall be used and no buildinq or part thereof shall be erected or altered in the MII district unless the same conforms with the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter, by reference, with the same torte and effect if such regulations were set forth herein in full. _--. 18. Article X111 is repealed an a new Article XIII :s added in its Rlace, to provide as follows: ARTICLE X111 Light Industrial Park/Planned Office Park (L10) District Section 100-130. Purpose. The purpose of the Light Industrial Park/Planned Office Park (L10) District is to provide opportunity for the location of business and professional offices, research fac—irs—tiesindustriai uses and similar activities in an open, campus- like setting in area s which are not appropr ate for commercial activity or ow density residential deve opment. In this area such uses can be established in an attractive environment and serve both as a means of preserving the open qualities o an area and providing an.area, adjacent to hamlet areas where such uses can be ap ro riately developed with suitable protection For ground and surface waters. All uses must conform to Suf of County Health Department standards. I Section 100-131. Use regulations. j In a LIO District, no building or premises shall be used, and no building or art of a building shall be erected or altered which is arranged, intended or designed be used, in whole or in part• for any purpose except the foil-owing: A. Permitted uses. 1. Any permitted uses set forth in, and as regulated_ by Section 100- 31A (2) and (3) of the Agrtcul�-Conservation District. 2. Any permitted uses set forth in and as regulated by Section 100-1o1A (3) to (5) of the General Business District. 3. Office buildings for businesses, governmental, and professional uses• including administrative training, data processing, publication, financial and sales offices. 4. Telephone exchanges. 5. Buildings, structures and uses owned or operated by the Town of Southold, School Districts, Park Districts and Fire Districts. NOVEMBER 1, 1988 4 n 3 B. Uses permitted by. specia( ezc`.eflCton;ofathe.8oard,df Appeals. The following uses uses are permitted as a special exception by the Hoard of Appeaisas hereinafter provided, subject to site plan approval by the Planning Board. (1) Any special exception use set forth in and as regulated by Section 100-101 B (5) , (7) and (10) of the General Business District. (2) Light industrial uses involving the fabrication, reshapinq, reworkinq, assembly or combfnin o roducts from reviously prepared materials and which do not involve the synthesis of chemical or chemica products other than for pharmaceutical or research purposes or the processing orany-raw materials except agricultural raw materials. Such uses may include industrial operations such as electronic, machine parts and small component assemoiv, as opoosed to heavy_ indu�trial _.. opevaliolis such as automo1c assembly ,r milling activitic�and will i be subject to the ro lowing conditions: -- — (a) No such process or operation shall involve the handlinq, storage or discharge of explosives or oermit upon the premises any virus or other type-or infectious organisms igentified with diseases of animals or humans. (b) No offensive noises, gases,- fumes, smoke, odors, dust, eM ent or vibrations, shall emanate from such use and no waste products shall be disc ar ed therefrom of a character to create a nuisance or to be injurious to ealt or to negatively impact groundwater. I (c) Such processes shall involve the use of only oil qas or electricity for fuel. (3) Conference facilities subject to the followinq conditions (a) Where rooms are provided for conference attendees, they should e permitted at t e same number per acre as hotel/mote! quest units set fort in and regulated by Section 100-61B (6) of the Resort Residential (4) Public utility structures and uses (5) Printing or publishinq plants. (6) Truck or bus terminals (garages parking facilities loading docks, etc. (7) Food processing and packaging plants (not including fish processing lants) i (8) Wholesale and retail sales and repair of boats and marine items (9) Boat building; boat servicin • boat storage facilities i (10) Restaurants. i (11) Sauerkraut manufacturing plant i (12) Basic Utility Stage II airport subject to the followin condition (a) ddinimum parcel size shall be 100 acres (13) Bed and Breakfast uses as set forth in and as re ulated by Section 100-318( 15) , provided that no site plan approval i•s-required. C. Accessory uses: (1) Accessory uses on the same lot with and customarily incidental to any permitted or special exception use and not involvin a separate business (2) Wall signs as set forth in and requlated by Section 100-81C (2) (b) of the Limited Business District• limited to a maximum size of thirty (301 square feet in area. (3) Freestandinq,or ground signs as set forth in and requlated by Section 100- I01C (3) of the General Business District. (4) Fully enclosed storage facilities incidential to the principal use (5) Open storage as set forth in and regulated by Section 100-101C (4) of the Generai Bi]--,iness District. (6) Indoor and outdoor recreation facilities for the exclusive use of executives and employees of the principaj use and their (amilir 5 (7) In-service traininq schools for employees of the principal use. (8) Private qaraqes for the storage and service of motor vehicles owned by the owner of the principal use or the executives or employees thereof, or visitors thereto, inc udin the sale of them, but not to the public generally of gasoline, oil and minor accessories. (9) Central heating and power plants accessory to the principal use and Fie service of all structures on the premises. (10) Maintenance and utility shops incidental to the principal use. (11) Off street parking and loadin . Said areas shall not be nearer than i?ty (501 feet to any lot line or street, and if generally adjacent to any street or any residence district, shall be suitable screened b a landscaped strip of at least ten 10) feet in width. 424 NOVEMBER 1, 1988 Section 100-132. Bulk, area and parking requirements. No -building or premises shall be used and no buildinq or part thereof shaIf be erected or altered in the L10 Li ht Industrial ParklPlanned Office Park District unless the same con orms with the Bulk Schedule and Parking and Loading Schedules incorporated into this chanter by reference, with the same torte and effect as if such regulations were set forth herein in full. 19. Article XIV (Administration and Enforcement) is rentimbered Article XXVIII and a new Article XIV is added in its place, to provide as follows: ARTICLE XIV Light Industrial (1-1) District Section 100-140. Purpose. The purpose of the Light Office (1-11 District is to provide an opportunity for business and industrial uses on smaller lots than would be appropriate for the L10 Lig t Industrial Park/Planned office Park District. Section 100-141. Use regulations. In a Ll District, no building or premises shall be used, and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. (1) Any permitted uses set forth in,.and as regulated by Section 100- 31A (2) and (3) of the Agricultural-Conservation District. (2) Any permitted uses set forth in and as regulated by Section 100-131A 2) to (5) of the Light Industrial ParklPlanned Office Park District 131. e. Uses permitted by special exception of the Board of Anneals. 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 P annin Board. i (1) Any special exceotion'use set forth in and as regulated by Section 100-131B (1) to (11) of the Light Industrial Park/Planned Office Park District. (2) Bed and Breakfast uses as set forth in and as regulated by Section__ 100-318( 15) , provided that no site plan approval is required. C. Accessory uses. (1) Access2fy uses on the same lot with and customarily_incidental to any permitted or special exception use and not involving a separate business. i (Z) Wail signs as set forth in and as regulated by Section 100-31C (2) (b) of teLimited Business District, limited to a maximum of thirty (30) square feet in area. (3) Freestanding or ground signs as set forth in and as regulated by Section 100-101 C (3) of the General Business District. (4) Accessory uses as set forth in and as regulated by Section 100-131C (3) and (7) through ( 10)-,of the Light Industrial Park/,Planned Office Park District. Section IOU_142. Bulk, area and parking reduir,:ments. No building or premises shall be used and no buildin or art thereof shall `L—P__----- -- ----be erected or altered in the Ll Lictht Industrial District unless the same conforms with the Bulk Schedule_and Park n_q and Loading_ Schedules in_a_or_�oratecl into this chapter, b reference, with the same force and effect as if such rr ulations were set forth herein in full, -- 20 , Article XV (Amendments) is renumbered Article XXIX, and a new Article XV is added in its place to provide as follows: ARTICLE XV Density, Minimum Lot Size_ and Bulk Schedules Section 100-150. Existing Bulk and Parking Schedule The existing "Bulk and Parking Schedule" incorporated into this chanter by reference is hereby repealed, and the Density, .Minimum Lot Size, and f3uik Schedules hereinafter set forth are substituted in place thereof. Section 100-151. Density, Minimum Lot Size, and Bulk Schedules. Except as otherwise provided in this chanter, no building or premises shall be u;ed or occupied and no building or structure or part thereof shall be erected or altered in a use district unless the same contorms with the Densitv and Minimum Lot Size Schedules and the Bulk Schedules hereinafter set orth. NOVEMBER 1, 1988 425 rOWFISIDINTIAL DISTRICTS' AC P-40 P-120 P-2DO P-400 NO r so 11121d­tI.1 Fef ldrnl lal 15,11d'.tial F.W..1141 P.31d..tial P..I.t Dlotrtctl Agr lcult.,al I..N­Ity f,o. Dn.Itj Low Nnsity Lev Dpnvlty Lev Nniltr t­lty Conservation on. Acre Two Acre Thret Acre live Acre Ten Acre Pegidentlel I WI it. "INNUM LOT SIZE Its f"02 CHt-FAMILY DrTA--= DWMLING. liesidentlel MIt without utilities 80,00o 40,000 80,000 120,000 2OL"Ooo 400,000 20.000wit It 40,OOC Pesideatill unit with co-orwilly water cot applicable (nal no 0. Do a. 20,000 :C,:C.) as PooldeotI&I wit VLLII coaaeumity valor I Mad liver no be "a as no .4 10,000 WD-FAM:LT DrTACHM rMMING! If 11 1 1 1 I Tva-lam 11 &.01tal Vltbout jtllltles 160,0M. .I , '10.0m, I A 0,C-Do 340,DOOv 001000 1. IDO,000 40.000 if 4 D.C t-01C 1 80.000 Two-really &"Illaq•Ith Co..uaIty voter 0. "a 0. as Be as 40,000 40,000! no Tva-lauttly 8"I11eg with ceaurwItr rstar If and"war .4 no Be he Be. 20,00.0- 20,0co. na wntirtz Dutum MIT OR ICW WJVSZ:— Pultiple 6-ollID9 of t."beto Vltb-t utilities no "a a. be be a& )O,OCO 20,DM as MItIVI9 dw.111al or low Muse vitb ccaia,milty "ttr 0. 0. a. 0. he Be 30,000 10.DOD mo Multiple 6"11101 or tevnhause with coxvxnaItj, voter and saver no BAN .4 as no Be IO,D00 10.000 4'4 Do MOTEL. YMEL C*M7TPD4r1E CIMS GUES, UNIT** Guest wit •ItbMt litIlItles no "a no no Do to 04 S'Doo 08 Guest wit VIM CeawunIty voter. no no no 0e no no Ma 6,000 Do Guest colt vith comerualty voter end ""r Be na n. ns m eo as 4.DoO na 4ON-RESIDEMIA.I. MI 189 tmittedl use with of Vltrovt Utilities 90.000 40.000 80,000 320,000 200,000 4OO,DO0 Be 4C,000 40,000 eFosan numerals SO#! ie l,-;IIca!IV ce lurve in taw P.91dontI.1 bull 50,41uls. Whort no Pa.m Pla"Fal IN Indicated• rotor to district column In the Poild.r.tit! sc•vftiv. --for multiple e-VI:1t2. hotel. @*tot and/or conference vivo Where "roittvd) this table refers to sinlrim lot area rqf unit. Refer to the itsidtntial ?uj% 12- tetal. lot site. Yard led leMack dt"nslo.6 for the applicable district, bnlwsl aeft restrictive requirvve"to are Indicated In the tt.t of the chapter. BULK SIMMULE ausnit—ss, orricE m PIrUSTRIAL DISTRIt-79 LIB Ha 9-1 L!O LI Districts Limited 11121et Ll jht f I;!�t Business Business eusInci3 Office Pick 'nl,j3t(l it MINIMUM MUIREMMM TOP BUSINESS, OF-TICE, EMOSTRIAL OR OrI`HZR NON-RESIDFMIAL USE* Lot size (square feet) go'cou 20,000 30,DOO (0,000 80,000 120,000 40,CCO Lot vIdLh (feet) 175 60 ISO ISO 150 200 1CO Lot depth (feet) 250 too 150 130 150 ]Do 150 Trout lard Ifeettl so 15 50 l5 35 75 so gl6e lard (feet) 30 to Is 20 25 30 20 Both side lards (feet) 45 25 so 45 so 60 to Rear ZaM (feetl 73 35 Is 25 25 73 70 Landscape area (percentage) 35 25 35 25 20 35 25 KA.XIKUK PEMMM DIMISIONS Lot coverage (P-rceat) 10 40 30 30 10 20 1;�.l 30 Dillding belght (feet) Is 35 35 35 35 33 Is Ruaber of stories 2% 2 3 2 3 2 2 *For staLoun reTilrements for residential uses, refer first to Density and HInt.us tat Site Scl'--Ijle for .1k)n-PestdPnttaI Df!rtrliztg and then to appropriate Indicated column In the Bulk Schedule, Pesidentlal Uses. In the merino I and marine if oistrj�ts, I.n.l an high water shall qualify for area PJMID DfT I AL DISTRICTS I It fit IV oil If Districts A-C P-40 P-00 0-120 I1_)00 P-400 ND PA PO Water and S...? In ;-PC :13tric NINtm RMGIAVa3qT5 rost E-rAMILT DMACM DVELLIWZ I tat mile lqquert rettl 110,DOO 40,DOO 90,D00 1201000 300,or)o 400,000 20Poo 20,1 000 40.V.n 1-t VIdth ffnetl 175 330 375 IDO 10.000 270 270 :0 210 tat depth 1("t) 250 173 230 too 400 400 120 )1.1 SSO5 0 400 rraot yard (Ietl so SO 60 to 0 60 is is So so 60 slat yard (Itqt) 20 Is 30 10 30 is ISO Lb side yards Ifeet? 45 is 45 6060 60 30 'I'D 1 IS 10, 110 Poor lard ff"t) 75 50 75 is IDO 100 is 35 SO 30 11 Livable floor arts Aso 11so ISO 950 ISO850... ISO ISO IsquAry feet per &vtlltng wit? .10 KUIKM MA117TED DIKMIDIS Lot covers9t 1petc"tl 20 M M SO 5 9 23 7S 20 23 billding belgbt (f"ti is 10 is 35 33 33 is P.-bqr of stories • Sea text Of cbsOtfr and Density sad ItIoLnum tat list Schadulog for at'PlIcable 0110trict.. *117"pt voe-b#fteem or studio So_ItIVI9 awaiting say be,, gao square fret. Plate— ft—, @,.. b, reduced-P to 3" for -&tote and/or lower "at ­Ncept me-b-&m.or -tudls SO Sultiple Ov.111.1 May be-. $00 square feet. 4 n 6 NOVEMBER 1 , 1988 L LaSITr uo PININUN Int Sltl SCNmuLc 109 ICH•013MMISL OISIOICTS• el strict ID Ni !•1 M-I M-17 LI: ll [lolled Ne*1 rl C.e•rt el tl,r ln, .r lne t!;Al Ir!.,. a! tt;'t luslneu Das lnru dullnen OIM1ra It:. Ir qI r•a! IIINt111)1 LOT Sift ILD s-,uare trails IILSIMM.OAICt, IAT:OSTPTtL OR OTHDI IUN-RISM[NTIAL OSt use .ILh or .Itho.t utilities io,000 To,OM I0,000 to,or» eo,000 uo.vr ro,o-» MI-/MILT DETACHM tV=tN01 Arildeeual wit wtLhout utilities e0,0M111 20,000 LI pe /D.000 /0.000 "ff fattdrellsl'w a it with coauntlf.star not applicable fnel 70,000 es T0.000 10000 °II n. n. Arsl&otlal wlt eIth Co altr .@ter and sewer no 10,OOOai as to.000 10,000 et1 na ea no, no TWO-IMILT DRACNID N-MINCr Two-Uellf dra?llaj.Iteeut utilities 1/0,0M•it 10,OM it es ew no ' na Tee-(ullf eralllei with Co ueltl water as IO,OM17 ea oa _ na - na Two-full?evelliei with ce*e•altf •star sod sewer a 70,DM ea es na ns IMTt►Lt DWTIL TNO Imtt on TCIN HOus t:•• Multiple er111109 at tor11_1e .Ith..t utilities ne 70.000 ea as no no no Multiple drelllei of le•nhoute with etNuwltf-star Be 70,000 es ea no ^• y'• ^w Multiple d.ellini of tomhoulr with eoeem ltf weUr snd sa•af no 10,000 ea es no ns' no IVTTL, WIT@ CO CCMTEFDICt CORD CVEST tbliT•- Cuest wit without utilities na i3OM /,OM no 6.000 Wwft ur.lt with te�water __ no /.OM i.OM no /.OdJ 4.000 /.P'O I West wit wll).a+....,ctq.star end lever no /,000 - 1,COO no 1,000 s,OM I,CM I_ •lows na.eef*te tttaf le epplltsblt rblum In l,slarn!lol Dills ScMaulr. -**rot *.trip?@ Atlllni, Detrl, setsl and/er enaterrn"ales trlwTw prnittrdl this table n Irtf to alnleue let star p,r unit. /Her le tM /re lawn tial.b,tt scr.d.te lei letel let oleo, Tate aad sr O:acs dlunsiens lot the appl laebla district, untaro eof* rartrtclt•e retJulrra,nt■ err Indlcat nl In lee Iw•l et lhw [MpU r. 21. Chapter 100 is amended by adding a new 'ticle thereto, to be Article XVIII, to provide as follows: ARTICLE XVIII Cluster Development Section 100-180. Pus-pose. \ i The purpose of this provision is to encourage flexibility and inovation in the design of residential development that cannot be achieved on many sites through adherence to traditional zoning and subdivision regulations. Further, the application of the cluster development technique is intended to achieve: A. Maximum reasonable conservation of land and protection of groundwater supply and groundwater recharge areas. B. Preservation of agricultural activity by encouraging retention of large continuous areas of agricultural use. C. Variety in type and cost of residential development, thus increasing_ the choice of housing types available to Town residents. D. Preservation of trees and outstanding natural features, prevention of soil erosion, creation of usable oven space and recreation areas and preservation of scenic qualities of open space. E. A shorter network of streets and utilities and more efficient use of energy than would be possible through strict apofication of standard zoninq. Section 100-181. Applicability. A. . On lots of ten (10) or more acres in the Aoricultural Conservation, the R- 40 and R-80 Districts and the Low Density Residential R-120, .R-100 and R- 400 Districts, clustering will be requtred, sublect to the following conditions: (1. ) The residential use will be single fainily detached homes for lot sizes of 30.000 square feet or larner: and detached or attached houses for lot sizes less than 30,000 square feet. (2. ) The density of these homes will be is specified in the particular district and determined as indicated in supsection C below. (3. ) The minimum lot size shall be: _ i a. without public water and sewer 30,00•(Y square feet b. with public water 20,000 scnwre (set c. with public water and sewer 10,000 square feet B. In the Low Density Residential Districts, to wit, the A-C Agricultural Conservati R-80, R-120, R-200 and R-400 Districts, clusterinq is permitted and niav be mandated by the Plan:iing hoard in the exercise of discretion without the requirement that the owner make written application for the use or such procedure. C. Determination of density and zoninq modifications. ( 1) An application for cluster development shall include a map or maps showing the proposed cluster design or desions offered for consideration by the Planning Board, together, with a rilao which shall be prepared for eonsid�racion as a standard subdivision conforming to all requirements of the Lonino CoAde and subdivision requlations•of the Town or Southold. NOV.EMBER. 1, 1988 -427 (2) The total buildinq lot yield of the standard subdivision shall be used to determine theyield-in-thenumber of building lots 'Wrlicli the r5_15neiiiiq Board-iiiav (ira'iit'ir a'"clijsi6r-d6ve'lobmiLiiC., A cluster duveloomun( design may be prepared for 'any contiquously owned holdings, wriether or not they are separated by an existing street offering direct access to such holdings. In all other cases, the holdings shalt• be considered as separate parcels. ..r (3) In a cluster development lot area, width, depth, front yard_ - rear yard and side may ay be reduced to less than the minimum US requirements set forth in the Bulk ScheTule,—Provided that such modification or Chan esshall not result in a greater average density or coverage of dwe i ng units than is permitted in the zoning district wherein the land lies. D. The area of a cluster development shall be in single ownership or under I Un-,T.ed�control. E. Prior to the issuance of a buildinq permit in a cluster development, a site plan shall be submitted to and approved by the Planninq Board in accordance with Article XXV or this c apter and the following conditions: (1) Said site plan shall include areas.within which structures may be FOCaTed, the height and spacing_R buildings the location n spaces and their landscapina off-street open and enclosed (if any) parking spaces.- and streets, trails, site easements and recreatioR-- facilities, driveways and any other ph sical features—relevant to the proposed Plan and•determined to be necessary by the Planninq Board. (2) Said site plan shall include a statement settinq forth the nature of all proposed modi rcations o existing zoninq Provisions. F. Nothing contained in this ter M cha shall relieve the owner or his agent or cn S the cleveloperot a—propoTsed cluster develODMent7-rom receiving final plat approval in accordance with-TtFe-Town subdivision the final plat fora Cluster I'll eveloDment re citations. In atoproving Planning Board may moaifv the acreage requirement rement or rec reation areas as sc-. forth in the Tow-n-'s rules governing subdivision review, Provided that the common land dedicated meets all other reauiremenTs—of_tW_e­T`o`wnsut division regulations. G. Common Areas. (1) The Planning Board shall establish such conditions on the ownership, use• and maintenance of common areas, including open soace• as it deems riecessar to assure the preservation of such areas for their intended purpose. ommon areas andiar open space may either be retained by a condo,-"I um corporation or it may be..-deed-d to a homeowner or homes association comprised of the residents of the subdivision and reserved for their use or other mechanism acceptable to the Town Board and down Attal,ney. Said common areas may be Used for aciricultUI-I Use, for passive ra�C_r4�T_tlollal uses, Fo-r7l'sual ain­ui_i4`v_'a_Ti_d,,or nature Study, or for necessary accessory uses such as parkinh. (2) A cluster development shall be or anized as one of the following: a condominium corporation: a Homes or a Homeowners Association appro%ii!!i: Housing Admini':�ti;itiiiji, i H for mortgage insurance as a Plan ed Unit Development, and the Town Board: a Homes Association approve d by the T'own Atto___�rneand�fTOw111 - -Board- or anyjFhera" 2Me2Es approved proved )y tFe Town Attorney and Town ffoar� as satiSTV0 t intent of this chanter. Whenever atn Homes Association is proposed, the-.-Town So�; r1 , li 11 t to right review and approve the Articles of Incorporation and tt�e Charter and bylaws of s;:,id HO!"es Association acid ejjv amem-irme—lits or 'Uvisioris thereof_ require-----"f1d �o 1-e re w"a FL'vLr con ansure that the" itent aild purpose Of this chapter" " ;11 U COrl'ied Oout.1 consideration_of said al)provai, the -r-6-WFT-- --1--ij­­-- 0.11 s I;j in nart• re uire tie cluster develoj -1---- - - -- QMefl ',0 Ineet L 1, lul owill(I 'Cuilditions: (a) A Homes Association shall be established as a not-lor-protit coroora- tion operating ,:nder recorded land a 20 agreements Its throu(jh %v each lot owner, and any succeedinq ow L — I ner accordinq to Llit! deed to each unit, iTcu­ton'jicaTy ernU_e_,:_—and "eaci-11-0—tIS automatically subject to a c ar e for a Qr0oorti6`n`5­t`e­­sFAarLof the expenses for the orclanization's activities including real property taxes and the maintenance of the common land a_nd_7ac_jF—aties. Each lot shall be subject to a lien in the event of non-payment by the owner thereof of hisproportionate share of the expenses for the association. (b) Title to all common property shall be placed in the Homes Association, or definite and acceptable assurance shall be given that it automatically will be so placed within a reasonable period of time. (C) Each lot owner shall have equal voting rights in the Association and shall have the rig tothe use and enjoyment or the common property. (d) Once established and title to the common land is conveyed to the Homes Association, all responsibility for operation and maintenanc of the common land and Fa_ciatitTs_­shall_lie with the Homes Association. (e) Dedication of all common areas shall be recorded directly on the Final plat, andio7_16y reference on that ora—tto a dedication in a separatelyrecorded document. Resuadivision of such areas prohibited.is proiTil-b-itea. The dedication shall: 428 NOVEMBER 1, 1988 (1) Save the title to the common property to the Homes Association Tree of any cloud of implied public dedication. (2) Commit the developer to convey the areas to the Homes Association at an approved time. (3) Grant easement of enjoyment over the area to the lot owners, subrect to restrictions as shall be imposed by recorded restrictive covenants. (4) Give to the Homes Association the rioht to borrow for improvements upon the security of the common areas. (5) Grant to the Homes Association the rinhr to susp_und meif.bershy rights for nonnayment of assessments or i,ifrac trnn__of establishe rules. H. Covenants shall be established, limiting all lots to one-family use and all common lands to open space uses approved by the Town Board. No structures may be erected on such common lands except as snown on the approved site pan and approved by tide Town 6oara. Sucn deed restri..tion or coverizrit shill specifically pronibit any development for, outer than open space or ar•ricultural use on the specified oven land and/or conservation area. I, ac deed to each lot cold shall include by reference all recorded declarations and other restrictions including assessments and the provision for liens or nonpayment of such. J. The Homes Association shall be oeroetual; It shall purchase insurance, pay taxes, specify in its c arter and bviaws an annual hom_eowner's fee, urak�irovision for assessments and provide that all such thole es become -j-------.- a lien on each lot in favor o1 said Assouatioh. The At SULi.,Uon shall (i.,_ve the rallit to proceed in ac— e�nnca Wit�l neeessar�_I �I�ciion for i rreforeclosure and enforcement of liens, and it shall alsu have the r c ht to commene• coon against any member for the collecli_o_n_ of any �---• _ unpaid assessment'in any court of comoentent iurrsdiction. I K. The developer shall assume all responsibilities as previously Outlined for the Homes Association until a majority or the dwellinn sites are sold, al which time the Homes Association shall be automatically established by the developer at the develouer's expense, and title to the common area conveyed uy the developer to Cie Hanes L. Prior to plat approval, the developer shall file a performance bond wiiTT Me Town Board to ensure tile proper installation of all required improvements, includin recreation irprovements, and a maintenance Fond to ensure the proper maintenance of all common lands until the Homes Association is established and title to the common lands conveyed to the Homes Association, The amount and terms of said bonds, and the form, sufficiency, manner of execution and sufficiency of the surety snap be approved by the Town Board and the Town Attorney. M. The certificate of incorporation of the oroanization and its by-laws shall contain the following provisions and notice of said provisions shall be specifically divert in any brochure or prospectus issued by the developer, namely: (1) That such organization is established to own and maintain common open space or common elements and that if such organization, or any successor organization, shall at any time after title to such common land and other common elements is conveyed to it shall fail to maintain the common open space and other common elements in reasonable order and condition in accordance with the plan proposed, the Town Board maX cause a written notice to be served b certified mail upon such organization, at its address as shown upon the last completed town assessment roll, or in the same manner upon the owners of the lots in such subdivision at their address as shown upon the last completed assessment roll, which such notice shall set forth (a) the particulars in which the common open space and other common elements have not been maintained in r�asona le order and condition; ( ) a demand that such de iciencies in maintenance sTiall be remedied within thin (30) days from the date o such - notice, (c) that upon the failure to remedy such default in maintenance, within the time specified, that the Town Board will Fold a hearing upon the matter uoon not less than five (5) days' notice in writinq sent by certified mail to such organization or to such lot owners; (o), that after such hearing, the Town Board may take such action as it deems appropriate to provide For the -proper maintenance of such common open space and common elements, and that anv and all costs and expenses incurred by the Town for—such purposes may be assessed ufzon all of the lots in such subdivision and be coilected in The iarne manner and at the same time as real property taxes are collected in the Town of Southold. N. The Town Board, in order to insure that the open space will be Used or its intended our-joses,. shall have the continuinq right to -loose buildina controls anc: restrictions on the use and maintenance of the common open space lands. NOVEMBER 1, 1988 429 22• Chapter 100 is amended by adding a new Article thereto, to be Article XIX, to provide as follows. ARTICLE XIX Parking and Loading Area Section 100-190. Purpose. Regulations for off-street parking and truck loading areas are imposed in order to minimize traffic congestion, air pollution, the risk of motor vehicle and pedestrian accidents, and to address aesthetic considerations. Section 100-191. Off-street parking areas. A. Off-street parking spaces, open or enclosed, are permitted accessory to any use specified below. Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purpose of these parkin regulations. Reasonable and appropriate off-street parkin requirements for structures and uses which do not fall within the categories listed below shall be determined by the Planning Board upon consideration of all factors enterin into the parking needs of each use. Forthose uses not specified in the schedule, there shall be a periodic monrtorin o off-street parking conditions to insure that the purpose of this article is satisfied. In audition the Planning Board may waive all or a portion o these requirements within the Hamlet Business District where it shall find that municipal parking facilities within three hundred (300) feet of the proposed use will adequately serve the proposed use TYPE OF USE REQUIRED NUMBER OF PARKING SPACES Accessory apartment in existing One per accessory apartment in addition II one-family dwelling to two for one family welling, l Antique shop, auction gallery, arts One per 250 square feet of sales area. and crafts shop and workshop Apartment over store One per apartment in addition to business requirements. Auditorium, meeting hall One per 50 square feet of seating area, but not ess than one per four seats where provided. Automobile laundry One per employee plus a ten space queuing line area for each laundry bay. Bank Ten spaces or one space for each 100 square feet of aross f oor area or three spaces per teller, whichever is greatest plus a five space queuing area for each drive-in teller. Beach club or swim club Two spaces per three members. Bed and breakfast enterprise One soace per guest room in addition to residential requirements. Boarding house, tourist house One space per guest room in addition to residential requirements. Boat and marine engine repair and One space per 250 square feet of gross floor and sales, if separate from marina area. Boatyard, including boat sales and Sales and rental portion, three spaces, in rentals addition to marina requirements. Bowling Lane At least four spaces perlane. Buildinq, electrical or plumbing One space for each employee plus two spaces. contractor's business or yard Cold storage plant Three spaces or one per 800 square feet o gross floor area. College .5 spaces per student plus . 75 space per start member. Conference facilities One soace per four seats in the largest assembly hall or meeting area pus one space ror each our seats in classroom facilities. Drinking establishments One soace per three seats or one space per 100 square feet of floor space, whichever is greater. Fish nldrket, including wholesale and One soace per 200 square feet of dross fluor and retail sale of finfish and/or area. shellfish. Food processing and packaging, .75 spaces per employee or on�jcu leer- includinq isF processing S00 square reef of gross flnoi ire a, w ii icliever is greater. ----- 430 NOVEMBER 1, 1988 Fraternal or social office or meeting See office. hall Funeral home One space for each three seats provided herein or one space for each 100 square feet of space available for public use, whichever Is greater with a minimum of 2S spaces Gasoline service station partial Three space ueuin area for each um self-service pus one space or eac employee. Gasoline service station with minor Same as Gasoline service station above plus indoor repair facility two for each ay. Greenhouse, floral shop, flower shop. Ones ace p per employee plus three space nursery, or similar aci ides either or one space per 200 square feet of salesand/or enc osed or unenclosed. display area whlchever is greater Home occupation, including home Three spaces per home occupation plus two protesslonal office, except physician spaces required for singe amI y residence or dentist Hospital One space for each bed. Hotel, motel, resort and transient One space for each guest room and one for \ each employee or one space per quest room, whichever Is qreater, plus accessory use parking as required. Inservice training facilities for See conference facilities. employees Laundry plant, dry cleaning plant One per employee plus one per 200 square e to of customer service area. Laundromat .75 per washing machine. Library, museum, art gallery See auditorium. i Light industrial uses One per employee or one per 500 square feet of floor area, whichever is greater. Mariculture/aquaculture business See light industrial. Marina One space per boat slip mooring dock space or similar unit of capacity, plus one space per employee. • Membership club, country club; golf At least one for each two members or accommoda= club or golf course public, tennis tions sic as oc ers w is ever Is greater, club elus one for each employee. Motor vehicle, mobile home sales room One per each 600 square feet of showroom i or outdoor sales lot Including and sales lot area plus one uer employer. rental of equipment Multiple dwellin (three or more Studio — 1.5 per dwcllint unit families) _,!._ , 1�uuroom 1. 5 per dwellin un_i_t 2 bearoum 2.0 per dwullirJ unit; .25 spaces are required for c,jcli 5c..:pom In excess of the Irst two earaoms. Nursing home, proprietary rest home One for each bed. Office: business governmental and One per 100 sc uare feet of office floor area. professional except physicians or dentists. Office: for physician or dentist Five spaces per physician or dentist. One-family detached dwelling Two spaces per dwelling. Personal service shop: barbershop, 2.5 spaces per service chair. eauty parlor Philanthropic, eleemosynary or One space per bed. re igious institution Place of worship See auditorium. Printing or publishing plant See light industrial. Professional studio, travel agency See office. Recreational facility, fully enclosed, One space for each 300 square feet of gross commercial floor area except. court sports--live spaces per court--and rink snorts--one space per 200 square feet of rink area. Repair garage Four spaces per bay plus one space per employee. Repair shoo for household, business. One space per 200 square feet of customer ' or personal appliances service area. - NOVEMBER 1, 1988 431 Research design or development See light industrial, aboratory Restaurant, drive-in, curb service One space per two seats or one space per or fast food 50 square eet of floor space, whichever is greater. Restaurant (except drive-in) One space per three seats or one space per 100 square- feet of floor space, whichever is greater. Retail sale or rental of fishing, diving If separate use, see retail shop; if accessory or bathing supplies or equipment; use one space for eac emp oyee p us two siTips loft or chandlery spaces in aCdition to primary use. Retail shop or store (other than those At least one per 200 square feet of gross fisted herein Floor area. Roadside farm stand Minimum of four spaces per stand. School, elementary Two spaces per classroom plus auditorium requiremer School secondary Two space,_per classroom plus one per ten students u, auditorium requrrernent, whichever is greater. Shop for custom work and for making See retail store, articles to be sold at retail on the Premises. Storaq_e yard One space per employee plus tour spaces or one space for each 5,000 square feet of storage area, whichever is greater. Theater or cinema, other than outdoor See auditorium. i Tourist camp One space for each accommodation plus one space for each employee plus_ three_ spaces Tor visitors. r i Townhouse See multiple dwelling unit. Two-family detached dwelling Three spaces per dwelling. Veterinarian and animal hospital Two spaces per employee or one space per 200 f , of cross floor area, whichever is greater. Warehouse or storage building One per 1,000 square feet of gross floor - I area. Wholesale business, includinglumber One ne per 1,000 square feet of gross floor i and other building products area. Wholesale/retail beverage distribution -One space per 150 square feet of gross floor area. Wholesale/retail nursery and/or sale of plants One space for each 200 square feet of gross floor area for retail use or one space for eacn employee plus three spaces for wholesale use with minimum of four spaces. Yacht club Same as marina. B. Areas computed as parking spaces. Areas which may be computed as open or enclosed off-street parking spaces include any private garage, carport or other area available for parkin, other than a street or a driveway.. However, a riveway within a required front yard or a one- amt�o-family residence may count as one parking space. C. Size of spaces. Three hundred and fifty (350) square feet shall be considered one parking space to provide room for stan in area and cis es for maneuvering). Aisles between rows of parking spaces s hail be not less than twenty-two (22) eeL wide, unless reduced for sixty (60) degree an le parking, in which case the aisles ace should be not less than sixteen ( 16) eet wide.- Entrance and exit lanes shall not be computed as RarKing space except for driveways for one- family and two-family residences. The minimum parkin stall width shall be nine (9) feet and the minimum length shall be nineteen (19) feet. D. Access. Unobstructed access to and from a street shall be provided. Such access shall consist of at least one ( 1) ffifteen 15) foot lane for parking areas with more than four (4) spaces but less than twenty (20) spaces. and at least two (2) ten 101 foot lanes for parking areas with twenty (20)_spaces or more. No entrance or exit for any off-street parking area shall be located within fifty (501 feet of ny street intersection, nor exceed a rade of six 6) percent within twenty-five 25) feet of any street line nor ten (10) percent at any other point. All points of ingress or egress shall be appropriately signed, unless such signing is considered unnecessary by the Planning Board. E. Drainage and surfacing. All open parking areas shall be property drained within the premises and all such areas reas shall be provided with a dustless surface, except for.parking spaces accessory to a one- amity or two-family residence. Curbs, paving, sidewalks and drainage facilities shall comply with standards established in Town ordinances, regulations or specifications and shall b, aDproveo and constrUCEea uncor Me suuervrsion or fir: uperrnien-c en of HionwavS or his agent. NOVEMBER 1, 1988 432 p, Joint facilities. Required parking spaces, open or enclosed, may be provided in spaces designed to serve jointly two or more establis ments, whether or not located on the same• lot, provided that the number o required spaces in such joint facilities shall be not less than the total required or all such estab isiiments. G. Combined spaces. When any lot contains two (2) or more uses having different parkinq requirements, the par ina requirements for each uses a auply to the extent of that use. Where it can be conclusively demonstrated that one or more such uses will be generating a demand for parking spaces primarily during periods when the other use or uses is not or are not in operation, the Planning Board may reduce the total parkinq spaces required for that use with the least requirement. H. Location and ownership. Required accessory parking spaces• open or enclosed, s al be provided upon the same lot as t e use to which they are accessory or elsewhere, provided that all spaces therein are located with two hundred (2001 Net walking distance of such lot. In all cases, such parking spacLs shall conform to regulations of the district in which parkinq spaces are Located, and in no event shall such oLr--kin spaces a located in irnv residence district unless the use to which the spaces are accessory is permitted in such residence district or upon approvalv als t ie Board of A Qe . Such spaces shall t)L in 1)�re samL ownt•.rsnip us the use to wh ich t are accessor i1L eS U y ,nicT.�uilrbi: - Subject lu et1 r •ictiorn-L-j1>proved by Buard, bintliiic) Ilit owl i:r .iiitl his licir S :incJ assijns to inai—plain lliL r�ec�ui_re�d nunihcr_o�sh.rcLs ay.iiLililL_ rilhLr llirriut Bout t(le exrstencL o_( siJ�-use t�iic�i the ire ,rccussur irr iiiilil ,irc_h _ Y sliicLs are l2rovid_ed elsewhere (unless municipally owneri SSp.ices ,i,•e_u I'll izVcJ • in uecordancL with subsection ( of Section I: Lots divided_ by district boundaries. When a 2arkinq lot is located partly in rmi±district and Eartfy-in anot tier c�istrrct, file re(julati0ns_-(u1' llie_distr ) icl rei uirint tlie .-- greater number of pacing spaces�iall-apply to all cif tlir_lirt. -.I';irki�ig� spaces on such a lot may be located without regard to district lines provided that no such parking spaces shall be located in any residence district unless the use to which they are accessory is permitted in such district or upon approval of the Board of Appeals. J. Pao-king regulations in multiple-dwelling or attached-dwelling developments i (1,) Wherever space is provided for the parking of five or more vehicles in the open, such spaces shall be individually identified-by—means of pavement markings. (2.) Narking space shall be located in any front yard nor within ten feet of any lot line in side or rear yards. (3,) The parkinq of motor vehicles is prohibited within fifteen (151 feet of any wall or portion t ereci or a two or more family dwellinq, which wall contains windows (other than bathroom or kitchen windowsl with a sill height of less than eight (a) feet above the level of the said parking space. j (4, ) No service of any kind shall be permitted to be extended to users of the lot, including automabtie service, repair or fueling, and no I gasoline, oil, grease or other supplies shall be stored or sold in any such lot or in any garaqe on such lot. Parkinq areas shall be screened by a substantial wall, fence or thick edge, approved by the P anninq Board. General such screeninq shall not be less than four (4) -feet nor more than ei ht (8).feet in eight. K. Regulations for parkinq spaces adjacent to lots in any residence district 0 Wherever a parkina area of over five spaces abuts or is within fifteen (15) feet of the side or rear lot line of a lot in anv residence district, t e said parking !ot shall be screened from such adjoining lot by a substantial wall, fence or thic hedge approved by the Planning Board. Generally, such screen shall be not less than four (4) feet nor more than eiqht (a) feet in heiant (2. ) Whenever a parkinq area of over five (5) spaces is located across the street from other and in any residence district, it snail be screened from the view of such and by a thick hedge wall or fence, approved by the Planning Board, located along a line drawn parallel to the street and a distance or twenty (20) feet t ererrom, such screening to be interrupted only at points of in ress and egress. Generally, no such screening s a be ess d an four (4) feet nor more than six (6�et in height. The open area between such screening) and the street shall be landscaped in harmony with the landscapin revai in on neighboring p:operties trontinq on the same street Two (2) identification and directional signs located on the street side of such screening shall be permitted; however, they shall iiot exceed an area of three (3) square feet eac L. Driveways_No drivewa` shall rovide access to a lot located in another district, which lot is used toy any usN pru J ited in the ili�trict ui which Spelt driveway is located. ----------•- '1. Parkins'for spe;_Jul uxceptior, uses - Notwithst&ndinri any_ uthtr provisions of-tips chaptur, ti-e Planninn Board m_iy increase tha p❑rkinci rci u_i_rcurcnls for suecial exception uses by up to one hundred fif_l L_ _ y ( 15U' ) icrcurit of -�- ---the inrniniuw parkinq rt uirai-Ients, if it determines lh_at nuch ,idditiun,ll ��rkingl requirements art_ nucessary Uv reason of the n�luru ul thu u�u l- ir.d-/or the ctizrzcteristics nf the �rte.� - NOV EMBER 1, 1988 433 N. Traffic storage. All uses sFiall -suffici,ent.space on the same lot so that any for and will not obstruct traffic or utilize public rights-of-way. O. Illumination. Off-street parking areas should be adequately illuminated for convenience and safety. but no lighting for Parking areas shall cause glare on adjoining properties. P. Connections between-abutting parkin g areas. Where appropriate, the Planning Board may require paved connections between abutting parking areas in different ownerships, so as to facilitate the—flow of 'traffic. 0. Supplemental regulations for private garages and off-street parking areas in residence districts, Commercial vehicles. (a. ) One commercial vehicle not, exceeding twenty-five (25) feet in. length may be parked on an OCCUDied lot in any residence district, but not within the required yards o suc of and in no case between the street line or side linesandth (b.) One commercial vehicle not exceeding twenty-fiv (25) feet in length may be parked wit ina private garage in any residence district. Commercial farm vehicles are permitted as accessory to a commercial Tarm use in any residence district. (2. ) Trailers and recreation vehicles. The storage or parking and use of a travel trailer or a recreation vehicle by any person or persons, II except as hereinafter provided, is prohibited in all residential districts, except that: I as The keeping or storing of one camp-type travel trailer or recreation venicle is permitted on a eremises, if it is either owned or rented by the occupants of such premises and is not keot for purposes of sale or-----F— renta and is used solely for the personal use of such arrucants. Such camp-type travel trailer or recreation venicle shall not be occupied as1iving quarters at any time, and shall be secured in place in the rear yard not nearer than fifteen (15) feet to a side or rear lot line or to the street, and the doors thereof shall be-WeDt s-e-c—ure-i y locked. b) Such vehicle may not be parked within ten (10) feet of a one or two family d-w`eTM-nq or fifteen ( 15) feet of a multiple dwelling. 31 Boats. One boat may be parked in the rear yard of any occupied of notnearer than rilteen 15) feet to a�rear or side�,ne or to any street. Section 100-192. Off-street loading areas. Off-street loading berths, open or enclosed, are permitted accessory to any use (except one or two-family residences) , subject to the following provisions: sions: A. Uses for which required. Accessory off-street loading berths shall be provided For any use specs w. Any land which is.deveioo&17;-s a unit under singe ownership and control shall be considered a single lot for the purpose of such loading requirements. 1.) Fora public library, museum or similar quasi-public institution, governmental building, community center, hospital or sanitarium, nursing or convalescent home, institution for children or the aged or school, with a f oor area of five thousand (5,000) to twenty-five thousand F25,0001 square feet,one 1) berth; for eacn additional twenty-five thousand 125,000) square feet or fraction tFe--reotone ( 1) additionalberth. 21 For buildings with professional with nmental or business offices or aboratory' establishments, w izz area of five tFousand (5,000) to twenty-(iv4�—thousand (25,0051)—square feet, one berth: for each additional twenty-rive thousand (25,000) square feet or fraction tFe—reof- up to one hundred.thousand ( 100,000) square feet, one additional ert or eat ti additional fifty thousand (50,000) scl6are feet or fraction thereof, one additional berth. 3.) For buildings with offices and retail-sales and service establishments, one berth or rive triousand 15,000) to twenty-five thousand (25,000) scluani!i reef of floor area, and one additional &e-r-tF-tor each additional twenty-five thousand (25,000) square feet-o-f--four-area—o-r--Cracti—on there-oi to be used. ( 4.) 'For undertakers and funeral homes, one berth for each chapel. ( 5.) For hotels, one berth for each two thousand five hundred (2.500) square feet of floor area. — ( 6.) For manufacturing, wholesale and storage uses and for dry-cleaning and rug cleaning establishments and laundries, one.t)erth ror five thousand (5. 000) to ten thousand ( 10,00u) square feet of—floor area in such use, and one UUUMU11ill Derth for each additional ten thousand 10, 0001 square feet of floor area or­f—ra traction thereof so- used. In addition, advvuate reserved parking or provided. NOVEMBER 1, 1988 434 B. Size of spaces. Each required loadinq berth shall be at least fifteen (151 eFet wide, fourteen ( 14) feet hiqh and forty-five (4s) feet lonq, and in no event smaller than required to accommodate venicles normal using such berths. C. Location and access. Unobstructed access at least fifteen (151 feet wide, to and from a street, shal be provided. Such access may be combined with access to a par ing lot. All permuted or required loading berths shall be on the same lot as the use to which they are accessory, except as provided in subsection D below. No entrance or exit for any off-street loading area shall be located within fifty (501 feet of any street intersection. No off-street loading berth shall be located in any required front yard. D. Joint facilities. Permitted or required loadin berths, open or enclosed, may be provided to spaces designed to serve jointly two 2) or more adjacent establishments. provided that the number 5T required berths in such joint acilities shall not be less than the total required for all such facilities. E. Lots divided by district boundaries. When a lot is located partly in one tstrict and partly in another district, the regulations for the district requiring the greater number o o iadiad ng berths shall apply to all o the lot. Loading berths on such lot may not be located in any residence district unless the use to which they are accessory is permitted in such district or upon the approval of the Board or Appeals. 23. Chapter 100 is amended by adding a new Article thereto, to be Article XX, to provide as follows: ARTICLE XX Lam i Section 100-200. Purpose. ' I The purpose of this article is to regulate existing and proposed signs in order to: i A. Protect property values. I B. Create a.more attractive economic and business climte. — a I I C. Enhance and protect Southold's physical appearance and environment. D. Preserve the historic and architectural heritage of the Town. I E. Provide a more enjoyable and pleasinq community. F. Reduce sign or advertising distraction and obstructions that may contribute to trarfic accidents, G. Reduce hazards that may be caused by signs overhanging or projecting over public righter-way. Section 100-201. Permits required and administrative procedure. A. The provisions of this article shall apply in all districts. B. Except as otherwise provided in this chapter, signs shall not hereafter be erected, structural v a tered, enlarged, or moved or reconstructed within the Town unless a permit is oDtained from the Builainq Inspector, and payment or the requu•ed tee per sicin in accordance witn the Town of outhold fee as specified in subsection - below. lT- I The following two operations shall not be considered creating a new sign and therefore shall not require a new skin permit: 1. Replacing copy. The changinq of the advertisin or message on an approved sign which is specs ica v esigned for the usa or replaceable Copy. 2. Maintenance. Paintinq, cleaning and other normal maintenance and repair of a sign or a sign structure, unless a structural change is made or there is a change in message. C. Application for a sign permit.-:shall be made on a form provided by the Building Inspector which application shall include: 1_ Nape, address and telephone number of the applicant. 2. Name, address, telephone number of sign maker. 3_ Location of building, structure or land to which or uuon which the sign is to be erected. ------ 4. Color photo of building upon which sign is to erected. wNOVEMBER 1, 1988 /� a. 5 S. Size of sign. `t V 6. A descripEiori'of the coristrucYfon `de'tafls'of the sign, showing the lettering and/or pictorial matter composing the sign; position o lighting_ or other extraneous devices. I 7. Sketches drawn to .scale.and supporting information indicating location of sign, colors, size and t'ees of letterinq or other graphic representation and materials to be used, a ctrical or other mechanical equipment, details of its attachment and han in Samples of materials should accompany the application, where required by the Building Inspector. 8, The written consent of the owner of the property upon which such sign or signs is or are to be erected and maintained. In addition, such, sign applications a be accompanie by a fee as established by the Town Board at the Town of Southold. 9. Such other pertinent information as the Building Inspector may require to insure compliance with this Article. D. The Building Inspector shall review the proposed sign with respect to all quantitative factors, — The Planning Board may approve signs which differ from the quantitative requirements set forth in this artic e, provided that a finding is made that ' said sign or signs conform to the generai design principles outlines in Section 100-202 hereof, and provided further that no sign shall violate the sign prohibitions and qeneral restrictions listed in Section 100- 203 herein. E. After approval or approval with conditions by the Planning Board, the Building Inspector shall issue a permit in accordance with al aoolicab e requirements. F. No sign permit shall be issued prior to payment of a fee of twenty-five $0.25) centsa per square foot of- sign area, but in no event shall such fee be less than five ($5.00) dollars. Section 100-202. General design principles applyinq to Mans. Decisions on review of signs shall be guided by the following general desian principles: A. Signs should be a subordinate part of the streetscaoe. B. Signs should be as small as practicable. C. Signs should be as close to the around as possible, consistent with required safety and egioility considerations. B•_• A Sign should have an appropriate size relationship to the building_t1pon wFtich it is placed. -- .E. Whenever feasible, multiple signs should be combined into one sign to avoid clutter. F. A sign should not impair the visual effectiveness of neighboring signs. Garish colors and materials should be avoided. Signs which have dark background colors and light letters are preferred in order to minimize the apparent size of signs within the streetscape. I . Generally, signs on the same building should be within the same horizontal band, and be of a similar height. J . Except in carefully designed circumstances, signs should be integrated with fences, walls or buildings, and not freestanding. K. Sign material should be durable, requiring little maintenance; use of material such as corrugated plastic., natural aluminum. bulbous plastic letters, nontextured plastic, and qlass We should be avoided. Section 100-203. Sian prohibitions and general restrictions. A. Unless otherwise provided herein, nonaccessory signs, billboards, and mobile signs shall be prohibited in all districts. i Be Flashing signs, including any sign or device on which the artificial light is not maintained stationery and constant in intensity and color at all times when in use are prohibited 4 36, NOVEMBER 1, 1988 C. Signs which compete for attention with,. or may be mistaken for a traffic signal are prohibited. No siqn snail be erected in such a manner as to obstruct free and clear vision for drivers, interfere with, mislead, or confuse traffic, or be ocated w ere, b reason o its position, shape, or color, such sign may interfere with, obstruct t e view of or De confused with, any authorized trat�Ic srgn, signal, or device by making use of the words "stop", "look", or any other word, phrase, symbol or character, or red, green, or amber illumination or reflection. D. Roof signs shall be prohibited. E. Signs made out of cardboard', paper, canvas or similar impermanent material are prohibited. F. Standard, approved methodsof-constant illumination shall be permitted on ground signs, wall signs, and hanging signs, provided however, that the illumination shall be concentrated upon the area of the sign so as to prevent direct glare upon the street or adjacent property. G. Signs with visible moving, revolving or rotating parts are prohibited. li. Except for holiday seasons i"a period of fifteen (151 d_ys from the date of a 5 rand opening. no srgn or art thereof sFa consist of pennants, —_ _ ribbons, streamers, spinners, or other simi ar movin flutterir Ur revolt'ing_devices. —�—• I. Signs noting that a property has been sold are prohibited. J. No portable or temporary sign shall be placed on the front face of any wilding or upon any lot, except as provided in Section 100-205 G herein. K. No signs other than si ns laced b agencies of the government shall be erected on any public property, unless consent is first obtained from Planning Board. No sign shall be placed on any private property without Fe consent LJ1 t e owner t ereof. No sign shall be placed or painted on any tree or rock. No sign shall be placed on any-.utility pole except for utility identification or similar purposes. Section 100-204 Limitation of sign content or copy._ Information displayed on signs shall be limited to the name, address, and nature o t e business and products avai ab a or activity for which the building or remises is used. I Section 100-205 Regulations regarding specific types of signs. A. Illuminated signs. 1. A sign Illuminated by electrici-, from outside or within or equipped in any way with electric device or appliances shall conform with respect to wiring and.aop iances to the regulations of the New York fate Board o Underwriters ands all bear the stamp_ o said Board. All wiring shall be sel -enc osed in metal raceways. B. Freestanding and ground signs. Except for required cautionary or- traffic control si ns one freestandinq sign shall be permitted for each frontage of a property on a public street or way where a building is setback at least twenty-five (25) feet from the street line. Such signs are limited to either pole signs with no guy wires or signs permanently affixed to a fence or other wall separate rom the rincipal building. All ground siqns shall a ocate wit in and not over and the property line. The location and design of such signs shall—Be chosen so as not to present a hazard to pedestrian or vehicular traffic and shal be twent -five ( 51 feet from each side and fifteen ( 15) feet rom t e tront and/or rear property line. The maximum heiaht of such signs shall be fifteen ( 15) feet. ' I C. Shopping center direct ry signs. 1_ The term "directory sign" shall mean any sign containinq a list of names of business estab rs ments located within a shoopinq center. 2. Each shopping center shall, as a whole, be allowed one free-standin directory sign on the premises to be used for the purposes of identifying the shopping center and the various business establishments located within the shopping center where the building or buildings are setback- twenty-five (25) feet from the street line. No advertising of any sort shall be allowed on such sign. Said sign shall not exceed fifteen (15) eet in et t, measured from the top of said si n to the mean level of the round surrounding the support of said si n, Each business establishment name shall occupy no more than ten 110) square feet in total area. Said signshall comply with all other applicable provisions of this chapter. 3. A permit issued by the Building Inspector shall be required for each shopping center directory sign erected or maintained pursuant to this section. i rye a lication or said permit must contain an architect's rowing o said directory si n as well as a suurrveeiindicatin the dimensions o said si n, its location and seTacks . T e Building Inspector shall re er sai app Ications, drawing s) , survey(s) and other supportingpapers tot a Plannin Board for its approval and recommendations. D. Interior signs. An interior sign, or combination of signs shall not cover more than ten (10$ percent of the total glass area upon which or in which, it is affixed, displayed, or painted, NOVEMBER 1, 1988 4 3 7 E. Wall signs. 1. Wall signs shall not project more than twelve (12) inches from,the wail to whit t ey are artixea. 2. Within any Business District, such signs, shall not exceed a height of three (3) feet, and 'snail not extend-higher than the too of the parapet in case of one story buildings. In the case of buildings taller than one story, such signs shall not extend above the bottom or the sflTor tthe windows or the second story, nor extend or oe placed more t an fifteen (15) feet above the outside grade. No wall sign or combination of signs, including interior signs, on any wall facing any strr t or public way in a business district shall exceed an area in square feet-equivalent to one times the length in feet of the structure on each frontage up to a maximum or'sixty 601 square feet. 3. Within an industrial district, one wall sign not exceeding thirty (30) �quare eet is ermitted for each street frontage from which access is provided tot the lot. 4. In any districts where wall signs are permitted, no such sign shall cover, wholly or partly, any wall opening, including doors, fire escapes, and windows, nor project beyond the ends of the wall to which it is attached. All such signs must be satel and adequately attached to said building wall by means satisfactory tot the Building inspector. F. Historic signs. The Planning Board may find that a particular sign is a historic sign. In making such a finding, the Planning Board, in consultation with the Historic Landmark's Commission, must find that the proposed sign is of si nificant historic quality in .tee age or desiaii or by reason of its relationship to an historic renovation project.. The Board of Appeals may allow Me reconstruction, repair and maintenance of historic signs upon such terms as may be just and proper in addition to, or to the exclusion of, any other signs permitted by this chapter. C. Temporary The erection, installation, or maintenance o temporary signs, as defined .herein, is ereby prohibited, except that the Building Inspector.,may grant special permission or the maintenance of the fbllowing signs: • I 1. A temporary sign announcing special events, etc., not exceeding twenty- out r (24) square feet in area, which is erected by a municipal, charitable, or nonprofit organization is permitted, for a period not to exceed thirty (30) days, 2. Temporary interior signs announcing special sales or events shall be permitted in the Hamiet Business and General Business District. Such signs shall cover no more than twenty-five (25%) percent of the window area to which they are affixed, and shall be removed within twenty (201 days. i Section 100-2061, Unsafe, abandoned and unlawful signs. i A. The owner of a sign and the owner of the premises on which such sign is located shall be jointly liable to maintain such sign, including its illumination sources, in a neat and orderly condition and good working order at all times and to prevent the development of any rust, corrosion, rotting or other deterioration in the physical appearance or safety of­s­uc`Fj sign. B. If the Building Inspector shall find that any sign regulated herein is unsafe, insecure, damaged, deteriorated or a menace to the public or has been erected in violation of the provisions of this chapter, he s au give written notice by certified mail to the owner or the premises on whit such sign is located, as shown on t e'latest Town assessment roll. Said sign and all appurtenances shall be taken dawn and removed by the owner, agent or person avina the beneficial use of the buiidinq or structure upon which such sign may be found within t irty (301 days after written notification from the Building Inspector, Upon the failure to comply with such notice within the time specified therein the Building Inspector is authorized to remove, or cause the removal or such sign at the expense of the person or persons named in such notice. U on such removal, all costs and expenses incurred by the Town for the removal and storage of such si n shall be assessed against the-land on which such sign was located and a statement o such expenses shall be presented to the owner or the land. If such statement is not paid within thirty (30) days after its resentment, the Building Inspector may file a statement wiih the Town Assessors, identifying t e property in connection with which suc expenses were incurred and the owner t ereof as s own-orj t e latest assessment roPl-of the Town. The assessors, in the preparation of the next assessment roll, shall assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien ono Salt' be c_o iee[ed and enforced in_the same manner, G the swine proceedincis, at t >�e Same lime an_d_under lli� yarne penalt _y as is provided b�aw for the collection and enlurcemenl 67 real property taxes in the Town of Sout cold, The owner of the a sigri removed by the Building Inspector as hereinoetorr_ provided shall not be permitted to redeem such sign until all expenses of removal and storage ave been paid, 438 C, If in the determination -of the Building Inspector, a sign is an immediate peril to persons or property, he may cause such sign to be removed summarily and without notice. The cost of such removal shall be paid by the Town and such amount shall be and become a lien upon the remises in question and shall a levied and co e7T cted in the same manner and under the same penalties as an assessment of a public improvement. Section 100-207, Continuation of existing signs. Notwithstanding any other provisions of this article, any sign in existence at the effective date of this article which does not conform to the provisions of this chapter shall, within three (3) years from such date, be removed or tirade to conform, unless its continuance is authorized as a special exception by the Board olf Appeals as hereinafter provided. 24. Chapter 100 is amended by adding a new Article thereto, to be Article XX1, to provide as follows: ` I ARTICLE XXI Landscaping, Screening-and Buffer Regulations i Section 100-210. Purpose. i The following standards are intended to enhance the appearance and natural beauty the Town and to rotect propertX values through preservation and planting of vegetation, screening, and landscaping material. Specifically, these Stan ards.are intencled to enhance the appearance at ma'or travel corridors and business areas; to reduce excessive heat, are, and accumulation of dust: to provide privac from noise and visual intrusion; and to prevent the erosion or the sou, excessive run- ge water, and the consequent. depletion of the ground water table and the pollution of water bodies Section 100-211. General requirements. I I The following provisions shall apply to any use in all zoninq districts• A. Landscaping, trees, and plants required by these regulations shall be planted in a growing condition actor ing to accepted horticultural practices, and he 5nai( be maintained in a health. rowin condition. Any landscaping, trees, and plants w is .are in a condition that does not fulfill the intent of f ese regu aeons shall e.repiace y the property owner during the next panting season for the particular plant material B. A screening fence or wall required by these regulations shall be maintained y t e property owner in good condition t rouci t e period of the use or the lot subject to Me following conditions: ( 1j Any land that is or has been designated or required to be a screening area, of er area or paved area pursuant to an approval by the Town oard, Panning Boar or Zoning Board of Appeals or any grant of an application for a mange of zone, variance or site plan ap roval or wnich is required by ordinance or local law must be maintained - by the owner oF the property or any of the owners.; successors in interest or assignees. ( 2.) When it is determined by the Planning Board that any land is not maintained pursuant to such rant or law, �e Buildin- Inspector shallnoti v the owner o record or such land, b Certified mail to the ad ress shown on the last completed assessment roll, to erect, replace, repair or maintain fences, trees, 1plantinas, SW-rut3bery or other screening or pave areas pursuant to the plan or law. ( 3� In the event that the owner of record does not comoiv with the notice within thirty (30) days of the date of said marling the Buiidinq inspector may take the ap ropriate action to erect, re lace, repair or maintain fences, trees, anon s, s rubbery or other-screening or paved areas on the desi nated land. The Building Inspector shall certify by of i avrt .t a costs incurred either by the Department or tTie Town Board. The Town Board shall, by resolution, instruct tTie Town C er '*•to pu is a pudic notice that-a uglic liedrinrj will lie held (or the purpose of adding to the assessrneenn't rotl��ol the described lot or parcel the costs incurred an td ia , aa t(�e Lblic hearrn, the Town Board willear ,anc� consider• anv otbjection which may be made to such roll. e­pu IicaLion of sec r notice s i��not e less than ten (.IOr- days-before the times ecitied for' sucn��earinq. TI a Town Boat, after public ear in , ma t en cause such assessment to become a I ien an may irect t e Town Assessors to pl:,ce it on the assessment -roil. C. All landscaping, trees, and planting material adjacent to parking areas, loading areas, or driveways, shall be property protected from vehicular damage by barriers, curbs, or other means. D. To the extent possible, existinq trees, vegetation, and unique site features such as stone walls, shall be retained and protected. Existing healthy, mature trees, if properly located, shall a fully credited against the requirements of these regulations. NOVEMBER 1, 1988 439 E. Where lot size and shape or existing structures do not make it feasible to comply with the requirements for a front landscaped area or landscaped parking area, the Planning Board may approve planters, plant boxes or pots containing trees, shrubs, and/or Howe_rs to comply with the intent at these regulations, F. In cases where the edge of the pavement within a public right-of-way does not coincide with the tront lot line, the property owner shall landscape the area between the front lot line and the edge of the street pavement.. Section 100-212. Front landscaped area. A front landscaped area shall be required for all uses in all zoning districts. The required landscaped area shall be covered with grass or other ground cover and shall include appropriate trees andshrub S* As a minimum, in all non-residential districts and in the Hamlet Density Residential and R-40 Low Density Residential Districts, oneshade tree avin a caliper o two inches shall be PJantecl within the front landscaped area or each forty (40) feet or fraction thereof of lot frontage. The ur ose of the landscapin is to enhance the appearance of the use on the lot but not to screen the use from view. A. Residential Districts. In all residential districts, required front yards, except tor the drivewav, shall be landscaped with rass or other suitable ground cover, trees, and/ors rubs. I B. -Non-Residential Districts. In all non-residential districts, there shall be a landscaped stri in t e front and area: in the Limited Business, aneral Business, and Ljqnt Industrial O ice Park and Light Industrial Districts, the strip shall be twenty-five (25) 7eet and in the Marine Business District the landscaoed strip shall.be fifteen (15) feet deep aion and conti uous tot the front of line of the orooert , T ere shall also be a landscaped area five 5feet wide abuttinq the front of the building in ail non-residenitial districts including the Hamlet Business istrict. - � Section 100-213. Transition buffer area. - - I The purpose of the transition buffer area is to provide.privacy fro noise, headlight glare and visual intrusion to residential dwell in s. A buffer area shall be required along all boundaries o .a: noh-residential of abutting any of in a residential district. Such buffer area shall comply with at least the following minimum standards: A. The buffer area shall be located within the boundaries of the subject property. B. The minimum width of buffer areas shall be as follows: I ( 1.) Hamlet Business District 15 feet I ( 2.) Marine Business District 20 feet ( !) Limited Business District 20 feet 4. General Business Districts 25 feet S. Industrial Districts 30 feet 6. Any district other than residential district adjoining and owned or maintained by New York State, Suffolk County, or Southold Town with current or potential use as park land, 25 feet C. The buffer area shall.be of evergreen planting of such type, height spacing and arrangement as, in the lu gment of the Planning Board will effectively screen the activity on the lot from the neighboring residential area. As a minimum, t e pantin s a consist at a double row of trees six (6) feet in eig t p anted at intervals at ten 10 eet on center. Non-evergreen planting may be included to supplement evergreen plantinS, but not to take its place D. A landscaped earthen.berm, wall, or fence of location, height, design. and materials 'approvedby the Planning Board may be accepted for any portion of the required plantinq and or buffer area. E. Where the existing topography and/or landscaping provides adequate screening, the Planning Board may accept the existing planting and/or buffer area as the required planting. Section 100-214. Landscaped parking area. In addition to the front landscaped area and buffer area requirements. parking areas shall comp y with the following minimum Stan ards: A. All uses required to provide twenty (20) or more off-street Parkina spaces shall ave at least ten 10 .square teet at interior landscaoing within the aved portion of 'Fe—parking area or _each earl space and at least one 1) tree with a two 2) inch caliperliper for every ten (10) parking spaces or fraction thereo . Each separate landscaped area shall contain a minimum of one hundred (1001 square feet, shall ave a minimum dimension of at least eight (3) feet shall be planted with rass or shrubs, and shall include at least one ( 1) tree of not less than two 2) inch ca ioer. 440 O NOVEMBER 1, 1988 �} B. A landscaped area shall be provided along the perimeter of any parking area exceot that portion at the parking area which provides access to a street or parking facility on an adjacent lot. Accessways to adjacent lots shall not exceed twenty-four 24) feet in width and 5 all not exceed two (2) in number for each purpose. The landscaped area shall R-avea minimum dimension of our (41 feet, shall e planted. with grass or. snruos and shall include at east one tree of not less than two (2) inch caliper for every forty (401 feet along the perimeter of the parking area. In cases where the parking area adjoins a public sidewal , the required landscaped area shall be extended to the edge of t e sidewalk. C. Trees used in parking_ lots shall include Honey Locust Pine Oak or other similar Fast-growing, hardy varieties, or existing trees where aoorooriately located. -. Section 100-215. Properties located adjacent to creeks. A. The rear yards of pronLsrtles located adjacent to creeks shall include natural vegetation and/or shall contain suitable planted vegetation to a minimum of twenty 20 eet inland from the mean hicih water line elevation or wetland boundary to prevent erosion of the shoreline. Veg_etation within the buffer strip shall not be fertilizeq,or chemica ly treated. 25. Chapter 100 is amended by adding a new Article thereto, to be Article XXlll, to provide as follows: ARTICLE XX111 \ Supplementary Regulations Section 100-230. Exceptions and modifications. A. Established front yard setback. Where property in the vicinity is improved with princi al buildings with front yards of less than that required by-the provisions of this chapter, the front yard setback shall be the average setback of the existing buildingswi thin three hundred (300) feet of the propose building on the same side of the street within the same use district. • I i B. Exceptions to lot depth requirements. The minimum lot depth at any point may be decreased to seventy-five 75%) percent of the minimum requirement if the average depth conforms to the minimum requirement. C. Exceptions to yard requirements. (1. ) Permitted obstructions. Cornices or cantilevered roofs may roject not more than two (2) eet into a required ard. Bet courses, window sills and other ornamental features may roject not more than six (6) inches into a required yard. Fences or walls not over four 4) feet in heiqht may be erected anywhere on the lot. except as set orth in Section 100-232 herein. Paved terraces, steps and walks (other than such as are needed for access tot the buildings on the lot) shall not project within fifteen 15) feet o a street line or four (4) feet of a property line. (2. ) Entries and porticos. A roofed-over but unenclosed projection in the nature of an entry or portico, not more than eicint (a) feet wide and extending not more than six 6feet out from the front wall of the buildinq, shall be exempt from t e r uirements of this section wnen the buil6inq otherwise complies with the regulations of this section. In computing the average setback the presence of such entries and porticos shall be ignored, (3. ) Permitted projections. In any district, chimne'vs on residential public or semi-public ui dings may project into a required yard to the extent at not more than two (2) feet. In any residential district terraces, steps or uncovered porches may project into any f required yard, provided no part thereo is nearer than tour (4) feet to any jot line D. Height exceptions. The height limitations of this ordinance shall not apply to. (1. ) Spires, belfries, cupolas and domes not for human occupancy; monuments, transmission towers, chimne s, derricks, conveyors, flag poles, radio towers, television towers, and to evision aerials provided that any television or radio aerials ail not be located nearer than a distance equal to its eight above the roof or other permanent structure to which it is attached to:any overhead electric transmission line carryinq morel an 220 volts. 2. Bulkheads, observation towers, monitors, fire towers, hose towers, coolinq towei^s, water towers, grain elevators, or other structures where a manutacturing process requires qreater height, provided that any such structures t at are located on an root and that exceed in e�ht t e limits in the particular district shall not in the acigreciate occupy more than,tWe_n(y 20a) percent the horizontal area of the roof, and _are set back one 1 not from , e edge of the roof for each additional- opt in eight greater t an the specified heiclht. 3. All mechanical equipment necessary to operate buildinq services, which equipment is located on the roof of a structure, shall be screened in a manner approved by the Planning Board. � NOVBMBER 1 1888 �0 && ��& U � " " ^� E' _- Retail sales_ in Residential. ' . Not-ithstandinn any rither provision provisions of Xrticle XXV. t and loon which ne—tail sales are conducted shall Section m0-231' Height of fences, walls and hedges, Fences, walls, hedges lines may be erected and maintained, su -6t to 'File—followin hei ht limitations: A. When located in the front yard alon_9 the B. When located a long side and rear yards, the same shall not exceed six and C. When located other than in the front yard area or a I o111111111 side or rear lot lines, the same shall not exceed - I Section 100-232' Corner A. On a corner |px front yards are required on both street _^ yar . the h or B. On all corner lots, berms. U fences, and ! obstruction / ioshall (30) oot sides alonq eacn street to preserve siqht lines for traffic. feet at)ove the average street level within an isosceles tELiia�n_le_h�avinq thirty tcction 100-233. Building length and separation for buildincis containing multiplewellings- A~ No building 'shall exceed one hundred twenty-five (125) feet in length. B. The-minimum d times the hl!"ATIC!"111 l�" )1' the hi hest buildin and the minimu�i—distance between ' al Section mo-zzu' Courts' � . A~ Inner courts. An inner court is-permitted W-Fe—minimum dimension 0_f__S_U_cT cour-t is not less than two___Fj`mes he, nt a, all surro a'is' but not le� the average hei ht of al surroundin walls, but not le s than sixty (6o) feet. The height -2n inner court s a e measured Fr--�finshed grade at the base t]T—ereof to the—top of such wall, except that, in the case of ro—ofs witl-- a ­0= exceeding rive (5) inches vertical to twelve 12T�inches horizontal, n noint of the root. B. Outer courts' The minimum th of on outer court shall be t | feet a i-(j—tFe—c^ -lo-t-F--tFer—eot--S-n-aT not exceed its width. Section mn'os' �ccerequirements, -- ' ! *' Strret access. _ 1. No buildinq shall be.erected on a lot that does not m �/ ance � 2' All buildinqs and structures shall be so located as to provide safe and _ `"""°".ent access for servo i uon` _-_ B. Residential occupied or to be occupied by a one-family dwelling shall have access thereto by means of an accessway, having a width of not less than fifteen (15) feet. serving a The area of the accessway shall not mininq'the aLea of 2n� lot. The front yard of any be included in deter Fot having required front yard specified for the district in which, the lot is located and vnan be measured tram the rear lot line-to the front |ut' Section 100-236' Open storage. A. No unenc{useu storage, t parking of operable passencler vehicles apable of passing i spection or recreation vehicles or boats as set forth in Sectiun_j�o�lql shall be permitted in a residential district. B. When open storage is permitted in a commercial or industrial district as a principal or accessory use, the following conditions shall be met: 1' Stara 3e shall be screened from view by a fence _ screeninq. the desian an location t which snailthe Planninq Board. in no case shall the stored material exceed th,,height z' No outdoor storage be i ed within twenty-five of a residential district boundary. ` ` 4 NOVEMBER 1, 1988 C. Automobile wrecking yard or Iunkvard is required to provide suitable screening in the form of encing or hedges completely around the err nery o the area used for such nurposes subject to the approval of the Planning Board. Failure to provide such screening snail reautre elimination of said use. Section 100-237. Prohibited uses in all districts. The following uses are prohibited in all districts: A. Any use which is noxious, offensive or objectionable by reason of the emission of smoke, dust, gas, odor or ocher Corm of air pollution or by reason of the deposit, discharge or dispersal of liquid or solid wastes in any form in such manner or amount as to cause permanent damage to the sail and streams or to adverse) atfect the surroundin area, or y reason of the creation or noise, vibration electromagnetic or other disturbance, or by reason of i lumrnation b artificial li ht or light reflection beyond the limits o t e of on or rom w is such iq t or light'reflection emanates; or •w is invo yes any dangerious tire, explosive. radioactive '®rot er azard; or whicn causes injuY_, annoyance or disturbance to any o t e surroundin_ properties or to their owners and occu ants, and an other process or use which is unwholesome and noisorr.e and ma a dan erous or re idicial to health, safety or genera we are, except w ere such activity is licensed or regulated by other government agencies B. Artificial fighting facilities of any kind which create qlare be and lot fines. C. Carnivals, circuses and related activities, except for a temporary period on special license from the Town Board 0. Junkyard or refuse disposal site, except a refuse disposal site established as an official town refuse disposal site or duly authorized as refu— sse disposal site by the Town Board E. Uses involving primary production of the following products from raw materials: 1. Charcoal and fuel briquettes; chemicals,• aniline dyes; carbide; Caustic soda; cellulose; chlorine; carbon black and bone black; Creosote; hydrogen and oxygen; industrial alcohol; nitrates of an explosive nature; otash; lastic materials and synthetic resins; proxy in; rayon yarn; hydrochloric. nitric, phosphoric. picric and sulfuric acids; coal, coke.and tar products, including gas manufacturing explosives: ..gelatin glue.and size (animal); linoleum ana oil cloth; matches; . paint, varnishes and turpentine; rubber (natural or synthetic); soaps including fat renderin • starch F. The following processes: 1. Nitrating of cotton or of other materials. - 2. Milling or processing of flour. 3. Magnesium foundry. 4. Reduction, refining, smelting and alloying metal or metal ores 5. Refining secondary aluminum, 6. Refining petroleum products, such as gasoline kerosene naphtha, ubricating oil. 7. Distillation of wood or bones. 8. Reduction and processing of wood pulp and fiber, including paper mill operations. I G. Operations involving stockyards, slaughterhouses and slag piles H. Storage of explosives. I. Quarries. J_ Storage of petroleum products. Notwithstanding any other -provisions of this chapter, storage fa i hies with a totaJ combined capacity of more tFa 20,000 aauons, inclu mg all tanks, pipelines, buildings structures d accenM7r uipment uesi nea', used or intended to be used for the storage of gasoline, fuel oil, kerosene, asphalt or other petroleum products, shall not be located within 1,D00 feet of tidal waters or tidal wetlands. Section 100-238. Provisions for community sewer, water and utility facilities. Where public sewer and/or public water and/or ublic or orivate utility systems are required, no but din or premises to be serviced such s stems shall e used or occupied, nor s al a certificate of occupancy a issued with respect t to e use and occupancy of such buildings and/or premises unless and until a suc required systems and acr iti.es have been constructed ,and are in proper operating condition and have been approved by all agencies havinq jurisdiction t ereot Section 100-239. Land ' rvjer water; filled land. Streams, ponds, tidal marshes and portions of Long_ Island Sound and its various bays and estuaries, lying within the boundaries of the Town of Soutlluld, —' wnether or not so indicated on the Zoning Nlap as being in a particular use NOVEMBER 1, 1988 443 district, shall be considered as beinq in the most restricted use district abutting thereon, and such zoning classification shall continue in force regardless of any filling or draining of such lands. Nothing herein contained shall be construed to nprmit the fillip or dredging of such land, , For the purpose o computing density for the development of any lot or lots no land under water, unless filled pursuant to law shall be included in computing the minimum of ar lot for each dwelling unit permitted under the appropriate zoning district in which the property lies Section 100- 239a Excavations. No excavation of any kind 1 be permitted except in connection with the construction on the same lot of a buildin for which a building permit has een dul issued. In the event that a b ilding operation is arrested rior to cam letion and the buildtn ermit therefor is allowed to a se, wit in six 6) months a ter the date o expiration of suc permit, the remises shall Fe cleared of any rubbish or other unsi htl accumulations, and to soil shall e re laced over all areas from w is suc sot ma have been removed. Any excavation for a basement or oundation with a depth greater than three 'tsl feet below grade shall be eit er ilea or surrounded by a substantial fence adequate to deny children access to the area and adequately maintained y the holder of the permit Section 100-239b Tourist camps, camp cottages and trailers A. Permits required, No tourist camp shall be established maintained or operated in an- district, nor shall anv tent, tent house, camp cotta e, house car or trailer to be used or occupied as a lace for livin , sieepina or eating whether charge is or is not made, be erected or laced therein, unless, authorized by the Town Board pursuant to the provisions of hooter 88 Tourist and Trai er amp. i B. Automobile trailers or house cars, j Notwithstanding any other provisions of this chapter, a single automobile I trailer or house car May be located outside a tourist camp onl when authorize a by the Town Boara and suoiect to such conditions as may be prescribed by the Town Board. C. Exemptions, This section shall not be deemed to apply to the temporar)or- seasonal camp of any unit of the Bay scounts of America or the Girl Scouts of America or other sucn organizations under the leadership provided by said organizations, respectively Section 100- 239c Berms A. General (1) All berms shall be constructed so that all sides of the berm shall not have a slope greater than one ( II to three (3) fee[ For the ur oses of this section, the.siope shall refer to the ratio of a vertical rise of one 1)--400t to a ori'zontal run of'-three (3) teet. (2) All berms shall be constructed out of clean fill or an equal approved by,the Building Inspector. Saki fill s ail be given sufficient time to settle before final shapin and topsoil are applied. After the Settled till has been shaped, a uniform six (6) inch layer of approved orticu tura topsoilshag be p aced on the fi a and hne (3) All berms shall be properly vegetated and landscaped as approvea by the Planning Board, before any erosion occurs in the topsoil on the berm, or, in the alternative, the berm shall be covered with an approved ground cover until such time the berm can be property landscaped. (41 Berms shall be constructed only durin the period from March 1 through October 15. - (5) No fence or wall shall be constructed on a berm. However, a retaining wa I may be placed on the sides of a berm where the Planning Board finds said retaining wall will promote aesthetic considerations and the height of same does not exceed t e height or grade of the berm. (6) The construction of berms and the berm itself shall not interfere with natural drainage. (7) The outside toe of the berm shall not be closer than six (6) feet to any property line. B. Height. (1) The het ht of a berm shall be the vertical distance from the top o. t berm to the natural exist!-- grade at the base of the berm (2) In all residence districts, no berm shall have a height eater than our 4) feet in e th ront yard or six and one alf 61 feet in a rear or side yard. (3) In all nonresidence districts, no berm shall have a heiqht greater than six and one alf (6 feet in a front, rear or side ard. 444 NOVEMBER 1, 1988 (4) Notwithstandin the provisions of Subsection B(1) and (2) of this section, where the proposed berm is along a major street. as that term is defined in subsection A 106-13 of the Town of Southold Land Subdivision Regulations, the Plannina Board may increase the height limitations of this subsection where it would be in the .public interest by imitinq adverse impacts from noise or light or b�promotina aesthetic considerations. However in no case shall a erm alonq a major street exceed ten ( 10) feet. C. Permit. (1) All berms in excess of four (4) feet in height, except those required to be constructed in connection with the Planninq Board's approval of a subdivision plat or site .plan, shall require a building permit. (2) All applications fcr a building permit for a berm shall include the ollowmg: (a) A detailed grading plan of the entire site indicatinq the existing topography in contour intervals no greater than five (5) feet and the proposed LoiDoqraphy in contour intervals no greater than two (2) feet. The scale of the radi gn plan shall b.e no smaller than one 1 inch equals twenty (20) feet. (b) A cross section of the berm indicatinq the type of materials to be used in constructing t e berm (i.e. fill topsoil) and the location of land scap trig The scale of cross section siial_I be no smaller than one ( 1) inch equals four 4) feet- and (c) A detailed landscaping plan indicatinq the location size and quality of the species to be planted. - (3) All applications for a building permit for a berm shall be referred to the Planning Board for its approval with respect to the compatibility of the berm with Eh—esurrounding properties and associated land uses, drainage considerations, landscaping and aesthetics. (4) Within twenty (201 working days of receipt of a complete application b-r the Planning Board, it shall approve, approve with modifications, or disapprove the application. (5) The Building Inspector shall not issue a permit for, a berm until Planning Board approval has been received. Failure of the Planning Board to act within twenty (20) working days shall be deemed an approval. (6) All provisions 'of this chapter relating to the building permits and construction shall apply to building permits for berms, except as provided in this Section. 26. Chapter 100 is amended by adding a new Article thereto, to be Article XXIV, to provide as follows: ARTICLE XXIV Nonconforming Uses and Buildings Section 100-240. Purpose. The purpose of this article is to reduce or minimize impacts of: uses and buildings which do not conform to the use or bulk requirements set forth in this chapter; all.uses and buildings that become nonconforming by reason of any subsequent amendment to this chapter; and all buildings containing nonconforming uses. Section 100-241. Nonconforming uses. Exceet as provided hereinafter, nonconforming use of buildings or open land existing on the effective date o this chapter or authorize by a building permit issued thereto, regardless of c nge of title, possession, or occupancy.or-right thereof, may be continued indefinitely, except that such building or use: A. Shall not be enlarged, altered, extended, reconstructed, or restored or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be increase by any means whatsoever. B. Shall not be moved to another location where such use would be nonconforming__ C. Shall not be changed to another nonconforming use without approval by the Board of Appeals and then only to a use which_in the opinion of the said Board, is of the same or of a more restrictive nature. D. Shall not be changed back to a less restrictive use, if changed to a more restrictive nonconforminq use. E. Shall not be re-established if such use has been changed to, or replaced by, a conforming use. F. Shall not be repaired or rebuilt unless the use is changed to a conforming use if the nonconforming use is damaged by fire or other causes to the extent of 50 of its fair value. NOVEMBER 1, 1988 445 C. Whenever a nonconforming use of a buildinq or premises has been discontinued fora period of more than two 2) years or has been changed to a higher classification or to a con orming use, anything in this article to the contrary notwithstanding, the nonconforming use of such bwldmg or premises shall no longer be permitted unless a variance therefor shall have been granted by the Boar of ppeals. Section 100-242. Nonconforminq buildings with conforming uses. A. Nothinq in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming building containing a conforming use provided that: such action does not create any new i nonconformance or increase the declreelf noncontor'rnance with regard to the regul.rtioris"pertaimrig to Sushi buildings: B. Reconstruction of a damaged buildinq. 1_ "A nonconforming building containing a conformin< use which has been damaged by fire or other causes to the extent of more than 500 of its fair value shall not.be repaired or rebuilt unless such building is made substantially to conform to the height and yard requirements oft e Bulk Schedule. 2. Application for a permit to build or restore the damaged portion o anv building damaged or destroyed as set forth in subsection 1) above, shall be filed within one year of the date of such amage, and shall be accompanied by plans for reconstruction j which, as to such portion, shall comply with the requirements set 1 forth above. suc permit is issued, it shall lase one year i therea7ter unless reconstruction in accordance with the approved plans has been initiated. j Section 100-243. Nonconforming buildings with nonconforming uses. A. A nonconforming building containing a nonconforming use shall not be enlar a reconstructed or structural) altered or moved, un e-s�s the j use o such building is changcc to a conforming use. B. . A nonconforming building containing a nonconforming use which has been j aged by fire or other causes to the extent of more than 50'0 of its 9 air value shall not be re_pa�ire or rebuilt unless the use of such building is changed to a conforming use. t i Sectdon 100-244. Nonconforming lots. A. This subsection is intended to provide minimum standards for granting of a building permit for lots made non-conforming or continued in a state of non-conformance by the adoption of this Local Law, and that were singly and.separately owned as of the effective date of this Local Law. B. A nonconforming lot separately owned and not adjoining any lot or land in the same ownership at the effective date of this Local Law and not adjoininq anv lot or land in the same ownership at any time subsequent to such date may be used, or a building or structure may be erected on such lot for use in accordance with all the other applicable provisions of this7Loca1 Law, provided that proof of such separate ownership is submitted in the form of an abstract of title showing the changes of title to said lot which abstract shall be in the usual form, shall be certified by . attorney or a companv regularly doing such work in Suffolk County or by a corporation duly licensed to examine and insure title to real property in Suffolk County and shall contain a certification that no contiguous prooert%r was owned b%l an owner of the property involved since the date of anv previously applicable Zoninq Law. Such lot shall be granted relief for front side and rear yard dimensions as follows. Minimum Standards Lot Yard Area Coverage Width Depth Front Side Both Sides Rear 20,000 20% 120' 140' 40' 15, 35' 50' to 40,000 (S.F.) less than 20,000 j (S.F.) 20% 80, 100, 35' 15' 25' 35' i 446 NOVEMBER 1, 1988 C. In the case of single and separate ownership of a nonconforming lot located in a subdivision plat, approved after April 9th, 1957, by the Planning Board of the Town of Southold and filed with the County Clerk of Suffolk .County, relief for all front, side and rear yard and area dimensions shall be granted to the extent that such Lront, side and rear yard and area dimensions were required at the time theL.map was originally filed with the Countv Clerk of Suffolk County, Section 100-245 Repairs and maintenance. Notwithstanding any of the foregoing regulations nothing in tliis article slijil be deemed to prevent normal maintanance and re pair of Jn buildinn, Ur the Carrying out upon the issuance of a bur ding permit of btructurJl alterations or demolrtIOnS necessary in the interest of puL)liC Safely. Section 100-246 Involuntary moves. Subsections (A) and (B) of Section 100-241 and sdtrsectian (i\) of Sk.ctiun 100-243 herein are not inten a to a ly toinvoluntaryiiiuvcm��rits cif uses or structures as a result of con emnation ilctions or 27• Chapter 100 is amended by adding a new, Article thereto, to be Article XXV, to provide as follows: ARTICLE XXV Site Plan Approval Section 100-250. Purpose. To standardize procedure for review of site plan and requirements for site plan application regardless of district. Section 100-251. General requirements. No buildinq or structure and no parking lot or outdoor use of land except those used as a one-family—or—two-family dwelling or for farming purposes and their accessory uses, including home occupations shall be used, constructed, enlarged, or moved until a site plan meetinq all the applicable requirements of this article has been ap rt,ved by the Planning Board. In acTdition, any change in use or intensity of use which will affect the characteristics of the site in it o arkin loading, access, drainage and or uti flan to alter a huNdinq in a historic district or with istoric landmark designation will require site plan ap al. Furthermore, any use or structure it a flood or erosion hazard area will require site plan approval. I In all cases where this chapter requires approval of site development plans by the Planninq Board, no bull inpermit shall be issued by the Buildin Inspector except upon authorization of and in conformity with the site plan approval by the lanninq Board. Moreover, it is the intent that all orobiems arisinq within the limits of the j jot) site will be completely resolved, redesigned and approved before any j work is resumed. However, in the event that an error either of design or judgement becomes aooarent durinq the progress of the work the Planning Data through its representative, the Buildinq Inspector, reserves the rignt to stop such work and direct such chances pursuant to own of outhold j specifications to correct such error. It is also understood, that the Planning Board or its representatives shall not be held liable for any problems arisinq durinq or after construction_ Section 100-252. Objectives. i In considering and acting upon site development plans the Planninq Board shall take into consideration the public health, safe[ and welfare, the comfort and convenience of the public in oeneral and the residents of the immediate nei hg bar pod in particular, and may prescribe appropriate conditions and satequards as may be require in or er that the result of its action may, to the maximum extent ossible, further the expressed intent of this chapter and the accomplishment o the followinq objectives in articular: A. Traffic access. That all pr000sed traffic accessways are adequate but not excessive in number,.. adequate in width, qrade, ,alignment and visibility; are located in proper relationship with intersections, pedestrian crossings and places of public assembly and air in conformance with overall traffic safety Consideration. B. Interior circulation and parking. That adequate off-street parking and loading spaces are provided to satisfy the parking needs of the proposed uses on-site, and that the interior drew atlon system is adequate to provide convenient access to such spaces consistent with pedestrian safety, C. Landscapinq and screening That all required recreation parking, service and similar areas are screened at all seasont of the year from view of adjacent residential districts and streets, and that the landscaping __. o the site is in character with that enerail prevaili nq in the measure hood xistinq trees eight inches or more in diameter measured three feet above the ase of the trunk shall be retained to the maximum extent possible NOVEMBER 1 , 1988 447, D. Natural features. Due re and shall be paid to all natural features on and adjacent to the site, inclu inq, but not limited to, drainage courses, wetlands, marshes, dunes. bluffs, beaches, escarpments, woodlands, large trees, uni ue tant and wildlife habitats, flood hazard areas and to protection of ground and surface waters. E. Cultural Features. Due regard shall be paid to all cultural features on and adjacent to the site including. but not limited to, archeological and paleontological remains, old trails, historic structures and sites and agricultural fields. F. Pavement. All lazas and other aved areas intended for use by pedestrians s al make use of such pavements and plant materials which could serve to encoura a their use by pedestrians durina all seasons o the year an sha 1 not consist o undue expanses of pavement. G. Lighting. All outdoor lighting shall be-of such a nature and so arranged as to preclude the projection of direct liqht and glare onto adjoininq properties and streets. H. Public address or sound system. Any sound or public address system shall be such that no sound from system shall be audible on adjoininq prooerties or on the adjacent street. I. Facades. Building facades shall be comoatible with surrounding area. J. Drainage. The drainage system and layout pr000sal will afford an adequate solution to any drainage problems. K. Public utilities. Plans for water supply and sewage disposal are adequate such that the internal water and sewers stems are adequate and that all wells, sewage systems an connections to Town systems are in accordance with Town and County standards. L. Existinq development and community. plan. That the develooment proposed is at a scale and density consistent with existing develooment and with the Master Pan of the Town of Southold. I M. Aesthetic considerations. The design of all structures shall be comoatible with that of surrour. in structures. omoatibiiit shall be determined by a review of orouosed 1 use of materials, 2) scale, 3) mass, 4 eight, 5 color, 6 texture, and 7location of the structure or structures on the site. N. Handicaooed access. The.-site plan and buildinq desicin shall accommodate the needs of the handicaooed and be in conformance with the State standards for construction concerning the handicapped. - I O. Energy conser•i ation. The site plan and builcl.ing desiqn shall maximize the conservation of energy. Section 100-253. Effect of aooroval. A. No buildint permit shall be issued for any structure cnverec_I by this artic Fe until an approved site development plan or approved �mentlmcnt any such plan has been secure by the applicant train the Plan niiicl Borman presented to the�l uildina Inspector. _ B. No certificate of occu ant .will be issued for any structure or use of land covered by this article unless the structure is completed or the Ian is developed or used in accordance with an approved site develooment plan or approved amendment at any such plan. C. Should any site plan approval involve any matter requiring referral to the Suffolk County Planr;nq Commission, then the matter shall be referred, prior to final action by the Planntn Board, to the Suffolk County PlanningCommission in accordance with the applicable provisions o(Taw. Section 100-254. Procedure. A. Presubmission*conference. Prior to the submission of a site development Clan, the applicant or his agent shall meet with the Planning Board. The purpose Of such conference shall be to discuss proposed uses or development in order to determine which of the site develooment plan elements shall be submitted to the Planninq Board in order for said Board to determine conformity with the provisions and intent of this chapter. B. Waiver of required information. Uoon findings by the Planninq Board that, due to special conditions peculiar to a site, certain of the information normally required as part of the site plan is inappropriate or unnecessary, or that strict compliance with said requirements may cause extraordinary and unnecessary hardships, the Board may ary or waive the provision of such information, providedthat suchvariance of waiver will not have detrimentaleffects on the public health, safety or qenerai welfare, or have the effect of nui if inq the intent and purpose of the site plan submission, Official Map, Master Plan, or this Zoning Code. See ollowing Section 100-255 on Site Plan Elements. C. Within six (6) months following the presubmission conference, nine copies o{ the site develooment olan aoolication and anv reiatea information shall be suomitted to the Planning Board. Within thirty 30 days of receipt of the application, the Planning Board shall aetarmine whether said application is comolete. If the Planning Board determines 4 4 8 NOVEMBER 1 , 1988 said application to be incomplete, it shall forthwith notify the applicant, wherein said ao lication is 8eficient. If a site development plan aP iication is not submitted within six 6 months following a_presuomission conference, another conference may be required by the Planning Board. D. If the Planning Board determines said application to be complete, it shall within ten 10 business days.of such determination, solicit comments and reviews from all agencies. The Planninq Board shall also send a coov of the application to solicit comments and review within thirty 301 days of the date o referral rom the Town Trustees Town Engineer, Superintendent of Highways, the Conservation Advisory Commission, Buildinq Inspector, Fire District, or other municipal as eenncy or district ootentially atfecte y the proposed development. A pp, cations for condominium development shall be forwarded to the Suffolk County Planninq Commission for their review and resoonse within thirty 30 days of the date of referral. If the County Planninq Commission makes a nega_6ve recommendation, a Town Planninq t3oard vote of-, nalority us one is required. It shallcertify to the Town erk that a complete application is on fie with the Planning . oard. E. No a pplicatiorL.shall be deemed complete until,either a negative declaration has been made for the application pursuant to the Stale Environmental Quality Review Act E RA) as imoleinented by Chapter 44 of the Town Code. or if a positive declaration is made, until a draft environmental impact statement has been accepte by the Planning Board as satisfactory with respect to scobe, content, and adequacy. Regaruless of the time requirements of this section, reasonable time shall be provided for comp lance with S including the preoara.tion of a final environmental impact statement. F. If the Planning Board determines that a public hearing is necessary, It shall schedule and hold same. Notice shall be given at least five (5) days prior to the dates of such hearing by publication in the official Town newspaper. G. Within forty-five (45) days of the conclusion of the public hearing, or if none was held, within forty-five (45) days of determining that the application was complete, the Planninq board shall determine whether the site development plan application complies with the purposes and _specifications of tnis Chapter and shall so inform the Building Inspector and Town Clerk and the applicant, in writing, of its approval, its approval with modifications to brinq about compliance, or disapproval. This forty-five 45) da eriod may be extended by the Planning Board upon the written consent of the applicant, or as may be permitted under - the State Environmental QualityReview Act as implemented by Chapter 44 of the I own Cocle. Failure to act within saidforty-five 45 days shall be deemed to be approval. H. Once approval has been granted by the Planninq Board one translucent linen or myiar an six copies of the approved plan on which ail conditions imposed by the Plannin Board as part of its approval have been clearly indicated, shall be forwarded to the Chairman for his/her endorsement. t+ I. Amendments to a site development plan shall be acted upon in the same manner as the approval of the original plan. J. Approval of a site plan by the Planninq Board shall be valid for a period at 365 days for the purpose of obtaininq a building permit Failure to secure a building permit dunng this period shall cause the site plan approval to become nul and void. Once a building permit has been issued, an approved site development plan shall be valid for a period of two 2 ears from the date of approval of the plan). All work proposed on the plan shall be comolete within two 21 years from the date at approval unless a longer period was approved or the applicant obtains an extension from the Plannina Board. No buildinq permit shall e issued beiore approval of a site deveiopment pan has 8een received tram E a Planninq Board. K. No regrading, clearing, tree removal or any other work in preparation of future use of a site may take place until site plan approval has been received from the Planninq Board, L. In the case of a variance application requiring a site Plan approval, the site development plan application shall be subjected to a preliminary review in accordance with the above procedure before recommendations are made by the Planninq Board prior to action on said applications b ,,,c—Board of Appeals. Buildinq permits issued for variances shall be in accordance with the conditions establishe by the Board of Appeals M. A statement shall be placed on all site lan's approved by the Planning Bard to the effect that the owners ❑greets) to comply with the Rian and all conditions noted thereon, I he required site imorovements (all roads, pavinq and circulation, drainage, utilities outdoor lightinq, recreation areas, garbage col ection station, landscaoinq and screeninq includin iantin and main_Lgnance thereof for a minimum of one wear and a maximum of three years at the discretion of the lanninq Board) which are an integral part of the approved Plan shall be guaranteed by cash, pertormance bond or other acceotabie guarantee approved by the Town Board and Town Attorne In the event that a satisfactory guarantee is not provided within ninety 90 days of the date of the resolution of the Planninq Board aoprovin the plan, said resolution shall be deemed null and void.--A cash quarantee can be for S0, of the improvements, but a bond or other quarantee shall be for 100'0 of the Cost of the improvements. NOVEMBER 1, 1988 4 49 N. The said bond, surety or cash deposit shall be conditioned upon the property owners or eve; pt:r<s:;comp eting.,t -e sat work enumerated herein and set'-forth-on' the'approved-site'plan in a manner satisfactory to the Planning Board; and upon the proper functioning of said systems or�a eriod at one year fram their completion.In default thereof, the said bond or deposit shall be forfeited and the Town shall use the amount thereof to complete any incomplete portion oft the said work or to make sure repairs are undertaken as are necessaryto assure proper functionin o said improvements; provided, owever, that if any amount of money remains after the Town has completed the said work, such excess money will be returned to the surety or the person putting up the required deposit. Said surety bond or cash deposit may reduced by resolution of Town Board upon the certification of—the Town Engineer that one or more particular items required.by the Board have been satiSfactorily.completed. 5uchreduction shall be in the ratio that the completed item or items bear to the total estimated cost of the required improvements. The installation of all improvements shall be under the erect supervision of a New YorWState registered architect or professional engineer. O. To obtain building permit, an applicant shall provide to the Building Inspector proof of Town Board acceptance of guarantee. No part of the quarantee shall be released until all requirements of site lan approval including the construction of site improvements is completed, inspected and approved by the Town. P. —The site development improvements shall be fully completed in accordance with the approved plan before any new building or structure shown on the approved site plan is occupied or any existing building shown on the ap rove site plan is occupiedwith a new use. 2ursuant to ectian 100-284 on ertificates of c5ccupanc which indicates that no building shall be occupied until a certificate oI occupancy has been issued. Section 100-255. Site plan elements. A. Submission A complete site plan application shall consist of: 1. a complete site plan application for'in, 2. site plan review fee, as specified in subsection B below. I 3. an environmental assessment form, part one, for all Tvpe I actions, or actions that may have a significant environmental impact. See .To—uthold Environmental Qualifty Review Law. 4_ site plan(s). B. Fee The site plan review and inspection fee is based on the area contained within the site plan. Such fee..shall be comouted on the basis of $0.05 per square foot of area within the site plan pr00ertY limit's' less building coverage. C. Site Plan The applicant shall submit a site plan at a minimum scale of one inch Fequals 40 feet to be prepared N d by a ew York State licensed Architect, LJl�u�a.0 Yc Architect, 1.1vi1 engineer Or Surveyor. The site plan Shall include those of the elements-listed herein which are ap ropriate to the proposed development or uses as indicated b the Planning ©pard to the presubmission conference. is intormation in total shall constitute the site p an. Multiple sheets may be utilized to present _the information required. 1_ Legal data. a. Lot, block and section number, if any, of the property taken from the latest tax records. b. Name and address of the owner of record. C. Name and address of the person firm or organization preparing the map, sealed with the applicable New York State license seal and signature. d. Date, North point and written and graphic scale e. Property description shall be prepared by a licensed Surveyor ar �% engineer. The site plan may reference a land surveyor's map or base reference map. All distances shall be in feet and hundredths of a foot. All angles shall be given to the nearest 10 seconds or closer. The error of closure shall not exceed one in 10,000. f. The locations, names and existing widths of adjacent streets and curb Ines. 2 A� sepparate map of location and owners of all adjoininq lands, wi t�n-TMr eet as shown on Me latest tYx -records, at a scale of one inch equals 100 feet. 450 NOVEMBER 1 , 1988 h. Location, width and purpose of all existing and proposed easements, setbacks, reservations and areas dedicated to public use within or adjoining the property. I. A complete outline of existing easements, deed restrictions or covenants aoolyinq to the property. L Existing zoning, including zone lines and dimensions. 2. Natural features. a. Existing contours with intervals of two feet or less, referred to mean sea level as oer USGS datum. b. Approximate boundaries of any areas subject to flooding or storm water overflows; tidal bays, ponds, and marshes, freshwater bodies and wetlands and streams. c. Location of existinq natural -features enumerated in subsection of Section 100-252. and any other significant existinq natural features such as rock outcrops and trees with a diameter of eiq t inches or more measured three feet above the base of the trunk. d. Location of any existinq cultural features enumerated in subsection of -fiction 100-252 and any other significant cultural features. 3. Existing structures and utilities. 7;4 a. Outlines of all structures and location of all uses not requirinq structures. b. Paved areas.includinq parking areas sidewalks and vehicular access between the site and public streets. C. Locations, dimensions, grades, and flow direction of any existinq culverts, water lines, sewer lines or sewage disposal systems, as well as other underground and above j ground utility poles and utility lines within and adjacent to the property. d. Other existi nq development features or strucutres including Tent es, ,anascapinq and screening. e. The location and use of all buildings and structures within 200 feet of the boundary of the subject property. 4. Proposed development. a. The location of proposed buildings or structural improvements, indicating setbacks from ail property lines and horizontal distances from existinq structures. b. The location and design of all uses not requirinq structures, such as off-street, parkinq and loading areas and pedestrian circulation. C. The location, direction, power and time of use for any proposed outdoor lignting or public address systems d. The location and plans for any outdoor signs which must be in accordance pp a sign reputa with a iicab tions e. Pavinq, curbs, sidewalks drainage structures fencing, grading and drainage plans shall be in contormance with the lown or Southold highway standards. f. Grading and drainage plans shall be based upon site rainstorm retention, in conrormance with the Town of Southold highwav standards, contours an spot grade elevations to be provided ' Landscapin bufferin and street tree plans includinq material size, uantit and location. A list of plantings shall also be shown, as per the Town of Southold highway standards h. Location of water and seiner mains, electrical service and cablevision instal ations, ,location of water valves and hydrant and/or any alternate means of water supply and sewage disposal and treatment. i. An indication that all storage areas for materials, vehicles, supplies, products, or equipment shall be located in either a side or r-ar Yard and that -such areas are a equateiv fenced or screened. If the site development plan indicates only a first stage a supplementary plan may indicate ultimate development v--,.- y NOVEMBER 1 , 1988 451 28. Chapter 100 is amended by adding a new Article thereto,;, to be Article XXV1, to provide as follows: ' r ARTICLE XXVI Sliecial Exception Uses. Section 100-260. Purpose. The provisions of this article are designed to provide for administrative review of selected types of proposed land uses. Certain uses which are allowable under zoning are nevertheless so likely to si nificantly a ect their surroundings that they require individual review to assure compatibii.i� with existing land use patterns, community character and the natural environment, before being permitted to come into existence. Similarly. certain authorized uses may take on such diverse forms in their actual implementation that it is wise to review and Rass u on t e adheren—ce-of each individual proposal to standards and guidelines_previousFy established for the use involved. Finally, the case-b -case review achieved b use o the special exception approval met anism can increase the flexibility and appropriateness of local deve ooment review, and better enab a local officials to avoid negative consequences which sometimes arise from the otherwise lawful development or use of a particular site. Section 100-261. Special exception -uses. There is hereby created a category of land use approval to be known as speciaT exception uses. Said uses may not be commenced, created, undertaken, carried out or thereafter maintained or substantially expanded without a special exception approval first having been obtained therefor, which special exception approval shall have been granted for the use either by the Planning Board, i Zoning Board of Appeals or the Town Board, according to the provisions for the particular special exception use set forth in this article or elsewhere in this chapter. Any land use, inc using the erection, construction, reconstruction, alteration, demolition, moving, conversion or change of use of any structure, shall be a special•exception use re uirin a special exception approval i the text o t is chapter, or the Use Sc edule hereof, denotes the use as being either the subject o -a special exception approval or simply i a special exception use. No building permit for any such special exception use shall be issued until the required special exception ap roval shall have been granted for the same, and the conditions imposed in such approval as prerequisites to a building permit_. 'if there be any, have been met. Section 100-262. Rules of conduct and procedure for special exception uses. I A. An application for a special exception approval shall be on the form For same provided by the Buildinq Inspector, and shall be submitted i in tri licate, together %vith the fee of $75.00. to the Building Inspector who shall review the application for completeness and conformity with •' this chapter. The Bi- ding Inspector shall re ect the application if it is not complete or not in conformance, and s all noti y the applicant as to the reason for such rejection. if the application is satisfactory, the applicant and the Building Inspector shall orward the applications to the board having jurisdiction thereof. B. Prior to taking action on any special exception use, the board having jurisdiction thereot,shall schedule a public hearirlq within forty-five (1151 days after determination that the application is complete. Within sixty (601 days followinq the close of the public hearing —the board s iall render a decision on the application. C. Effect of approval. A special exception approval issued in accordance with the provisions of this article shall authorize only the special exception use for which the approval is granted. No use which is not a special exception use hereunder shall be authorized any such approval. The approval may include reasons a—conditions which the t oard determines to be necessary or appro riate to insure that the applicable enera and specific scan ards an safeguards set forth in this chapter for the use can and will.be met and or adhered to. A special exception approval shail be valid for a period oT six (6) months, but may be extended for. one (1) additions six (6) month period bX t e issuing board without the requirement of new_pu lc notice of hearing. A continuing or permanent land use authorized by a specialexception approval w ich use is underta en or begun during t e eriod of validity of such approval shall thereafter Be deemed a -lawful use, as it the same were permitted by this chapter without need for a special exception permit;. provided however, that: (1) All conditions imposed by the special exception approval shall continue to apply, unless by their express terms are of limited duration. (2) All conditions imposed on special exception approval uses generally or specifically by this chapter shall continue to apply, regardless of whether any such conditions .were expressly incorporated into tTie spocia exception approval. (3) The board which issues the special exception approval shall retain continuing jurisdiction over the same. D. Violations of conditions. A violation of any limitation or condition of a special exception approval, or of any provision of this chapter applicable to a special exception use, shall constitute a violation of this chapter. The board which approves any s a—cis exception use shall retain jurisdiction, and shall have the right, after a public hearing, toffy, suspend or revoke such approval, or any term or condition t ereot, or to impose thereon one or more new conditions, all on the rot owing grounds: 452 NOVEMBER 1 , 1988 (1) False statements or mistake of material fact. Materially false or inaccurate statements in the application, supporting papers or sup pr iaong testimony, or ignorance or misunderstanding of a malerfact by the board, which fact, had it been--known to the board at the time or its review, would ave resulted in a denial of the approval sought. (2) Non-compliance with the terms and conditions of such approval. Failure of the ap_ plicant-permitee to comply with any conditions or terms of the approval. (3) Activity_ beyond such approval. Exceeding the scope of the activity use or project as :he same was described in the application. Section 100-263. `General Standards. No special exception approval shall) boe granted unless the board havinq jurisdiction thereof specifically rings and etermines a foTlowinq: A. That the use will not prevent the orderly and reasonable use of adjacent properties or,ot properties in aci,zicent use districts. B. That the use will not prevent the orderly and reasonable use of Permitted or legal y establis ed uses in the district wherein the proposed use` is to be located, or of permitted or lega 17 y established uses in adjacent use districts. C. That the safety, the health, the welfare, the comfort, the convenience or the order of the Town will not be adversely affected by the proposed use and its location. .r_ D. That the use will be In harmony with and promote the general purposes and intent of this chapter, E. That the use will be compatible with its surroundings and with the character . of the neighborhood and ot the community in general, particularly with regard to visibility,y, scale and overall appearance. F. That all proposed structures, equipment and material shall be readily accessible for fire and police protection. Section 100-264. Matters to be Considered In making such determination, consideration shall also be given, among other things, to: A. The character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of any of such permitted uses. B. The conservation of property values and the encouragement of the most appropriate uses of land. C. The effect that the location of the proposed use and the location that entrances and exits ma have upon the creation or undue increase o vehicular traffic-congestion on public streets, highways, or sidewalks to assure the public safety. D. The availability of adequate and proper public or private water supply and facilities for the treatment, removal or discharge of sewage, refuse or other effluent (whether liquid', solid, qaseous or otherwise) that may be caused or created by or as a result of the use. E. Whether the use or the materials incidental thereto or eroduced thereby may give off obnoxious gases, odors, smoke or soot. F. Whether the use will cause disturbing emissions of electrical discharges, -dust, light, vibration or noise. G. Whether the.operation in pursuance of the use will cause undue interference with the orderly enjoyment by the public or parkinci or of recreational facilities, if existinq or it proposed by the town or by other competent governmental agencies. H. The necessity for bituminous-surfaced space for purposes of off-street Fa�rk,-g or vehicles incidental to the use, and whether sucti space is ' reasonably adequate and appropriate and can be furnished by the owner of the plot souq t to be used within or adjacent to the plot w erein the use shall be located. I. Whether a hazard to life, limb or property because of fire, flood, erosion or panic may be created by reason of or as a result of the use or by the structures to be used therefor, or by the inaccessibility of the property o� structures thereon for the convenient entr and operation of tire and other emergency apparatus, or by the undue concentration or assemblage of persons upon such plot. J. Whether the use or the structures to be used therefor will cause an overcrowding o and or undue concentration o-1 poj)u at'iori-_. - K. Whether the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof. L. Whether the use to be operated is unreasonably near to a church, school, theater, recreational areas or other place o public assemply. 453 NOVEMBER 1, 1§88 M. Whether the site of the .pr.oposed use JA,,parocularly:.suitable for such use. N. Whether adequate buffer yards and screening can and will be provided to protect adjacent properties and land uses from possible detrimental impacts of the proposed use. O. Whether adequate provision can and will be made for the collection and disposal ot storm water 'runoff,. sewa e, re use, and other liquid, solid or gaseous waste which the proposed use will generate. P. Whether the natural characteristics of the site are such that the proposed use may be introduced there without undue disturbance or disruption o im ortant natural features, systems or processes, and without risk of pollution to groundwater and surface waters on and off the site Section 100-265. Additional conditions and safeguards. In deciding on any application for a special exception use the board having jurisdiction thereof may impose suc conditions and safeguards as it deems necessar� or appropriate to preserve and protect the spirit and the objectives 0�-finis cnapter. 29• Article XI1, as renumbered Article XXVII is hereby amended to read as follows: ARTICLE (XII) XXV11 Board of Appeals Section 1 100-1201 100-270. Appointment; membership. The Town Board shall appoint a Board of Appeals consisting of five (5) members, as provided by Town Law. Section (100-1211 100-271. Powers and duties. In addition to such powers as may be'-conferred upon it by law, the Board of Appeals shall have the following powers: j i A. Appeals. To hear and decide appeals from and review any order, requirement, decision or determination made by the Building Inspector. B. Variances. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these regulations, the Board of Appeals shall have the power to vary or modify the application of such regulations so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. C. Special exceptions, special permits and other approvals. Whenever a use or the location thereof is permitted only if the Board of Appeals shall approve thereof, the Board of Appeals may, In a specific case and after notice and public hearing, authorize such permitted use and its location within the district in which this chapter specifies the permitted use may be located. (subject, however, to the following: (1) Before such approval shall be given, the Board of Appeals shall determine: (a) That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. (b) That the use will not prevent the orderly,and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located, or of permitted or legally established uses in adjacent use districts. (c) That the safety,'the health,'the welfare, the comfort, the convenience or the order of the town will not be adversely affected by the proposed use and its location. (d) That the use will be in harmony with and promote the general purposes and intent of this chapter. (2) In making such determination, the Board of Appeals shall also give consideration, among other things, to: (a) The character of he existing and probable development of uses in the district and the peculiar suitability of such district for the location of any of such permitted uses. (b) The conservation of property values and the encouragement of the most appropriate uses of land. (c) The effect that the location of the proposed use may have upon the creation or undue increase of vehicular traffic congestion on public streets or highways. (d) The availability of adequate and proper public or private water supply and facilities for the treatment, removal or discharge of sewage, refuse or other effluent (whether liquid, solid, gaseous or otherwise) that may be caused or created by or as a result of the use. 454 NOVEMBER 1, 1988 (e) Whether the use or the materials incidental thereto or produced thereby may give off obnoxious gases, odors, smoke or soot. (f) Whether the use will cause disturbing emissions of electrical discharges, dust, light, vibration or noise. (g) Whether the operation in pursuance of the use will cause undue interference with the orderly enjoyment by the public of parking or-of recreational facilities, if existing or if proposed by the town or by other competent governmental agencies. (h) The necessity for bituminous-surfaced space for purposes of off-street parking of vehicles incidental to the use, and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be located. M Whether a hazard to life, limb or property because of fire, flood, erosion or panic may be created by reason of or as a result of the use, or by the structures to be used therefor, or by the inaccessibility of the property or structures thereon for the convenient 'entry and operation of fire and other emergency apparatus, or by the undue concentration or assemblage of persons upon such plot. (j) Whether the use or the structures to be used therefor will cause an overcrowding of land or undue concentration of population. (k) Whether•the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof. i (1) Whether the use to be operated-is_ reasonably near to a church, j school, theater, recreational area or other place of public assembly. I D. Interpretations. On appeal from an order, decision.or determination of an administrative officer, or on .request of any town officer, board or agency, to decide any of the following: (1) Determine the meaning of any provision in this chapter or of any condition or requirement specified or made under the provisions of this chapter. i (2) Determine the exact loca-cion of any district boundary, shown on the Building Zone Map. Suction ( 100 1221 100 272. Additional conditions and-Safeguards. j In deciding any matter before it, the Board of Appeals may impose such conditions and safeguards as it deems necessary or appropriate to preserve _ and protect the spirit and the objectives of this chapter. Section (100-1231 100-273. Rules of conduct and procedure. The Board of Appeals shall, consistent with the law, determine its own rules of conduct and procedure. Section (100-1241 100-274. Fees All applications to the Board of Appeals for any relief herein shall be accompanied by a fee of 'one hundred fifty dollars ($150.). Section (100-1251 100-275. Notice of hearing. I A. In all cases where the Board of Appeals Is required to hold a public hearing, in addition to the notice of such hearing required by law, a j written notice containing the following information shall be sent by the person petitioning such Board, or his agent. by either certified or registered mail, to every owner of property Immediately adjacent thereto. In the event that any petitioner owns or has any interest in any property immediately adjacent to the property which is the subject of such petition, then written noticd'shall also be given to the owners j of the property adjacent to such other property of the petitioner. For the purpose.of this section, the words "owner" or "property owner" mean the owner as shown on the current assessment roll of the Town of Southold. The notice required by this section shall be mailed by the petitioner, or his agent, within five (5) days preceding the filing of the petition in the Town Clerk's office. Proof of mailing of such notices in the form .of a sworn statement shall be filed with the Town Clerk at the time of filing of the petition. Such notice shall contain the following information. (1) A statement that the petitioner proposes to apply to the Board of Appeals of the Town of-Southold for a variance, special exception, special permit or other specified relief, as the case may be. (2) A description sufficient to identify the property which is the subject of the petition. (3) The.zone district classificatiog of such property. (4) A detailed statement of the relief sought by the petitioner. NOVEMBER 1, 1988 455 (S) The provisions of the zoning ,law :applicable to the relief sought by the petitioner. (6) A statement that withlri five (5)' days such petition will be filed in the Southold Town Clerk's office,. Main Road, Southold, New York, and may then be examined during regular office hours. (7) A statement that a public hearing with respect to such petition must be held by the Board of Appeals of the Town of Southold before the relief sought can be granted; that the person to whom the notice Is addressed, or his representative, has the right to appear and be heard at such hearing; and that a notice of such hearing will be published in the official town newspaper not less than five (5) days prior to such public hearing. B. In lieu of complying with the provisions of this section, written verified waivers of notico executed by the persons entitled to receive such notice may be filed with the Town Clerk at the time.of filing the petition. C. Failure to comply with the provisions of this section shall not affect the validity of any action taken by the Board of Appeals. 30. Article XIV, as renumbered Article XXVI11 is .hereby amended to read as follows: ARTICLE (XIV) XXVIII Administration and Enforcement Section (100-1401 100-280. Administrative and enforcing officer. A. It shall be the duty of the Building Inspector and such deputies and j assistants as may be appointed by the Town Board to administer and enforce the provisions of this chapter and of all rules, conditions and requirements adopted or specified pursuant thereto. 8. The Building Inspector and/or his assistant and deputy building inspectors shall have such right to an and inspect buildings, structures or premises and to perform other acts necessary for the enforcement of this chapter as is conferred upon them by- law. He shall maintain files of all applications for building permits and plans submitted therewith and . or certificates of occupancy and records or j all building permits and certificates of occupancy issued by him which files and records shall be open to public inspection and to perform such p p other acts necessary for the enforcement of this chapter as is conferred upon them by law. C. Said Buildinq Insoector shall keep a record of every identifiable complaint or a violation of any of the provisions or this chapter, and of the action taken on each such complaint, which records shall be public records. e shall report to the own Board, at intervals of not areater than three (3) months, summarizinq for the period since his previous report a building permits an certificates or occupancy issued by him and all complaints of violations and the action taken by him thereon D. The Buildinq Inspector shall make the necessary inspections for the purpose of ascertaininq whether or not existina conditions comply with the provisions of this chapter. E. At the request of the Town Board, the Buildinq Inspector shall inspect any premises ror the purpose of ascertaining whether or not existinq conditions comp!y with the orovisions of this chafiter and report, in writing, to said Board the results of his findings. F. At the request of the Planning Board the Buildinq Inspector shall review site plan applications for compliance with this chapter and .requirements established in the oresubmission conference. Section ( 100-1411 100-281. Building permits. No building in any district shall be erected, reconstructed, restored, moved or structurally altered without a building permit duly issued upon application to the Building Inspector. No building permit shall be issued unless the proposed construction or use is in full conformity with all the provisions of this chapter and the provisions of all other applicable laws:; ordinances, rules and regulations. Any building permit issued in violation of the provisions of this chapter shall be null and void and of no effect without the necessity for any proceedings, revocations or nullification thereof; and any work undertakerror use established pursuant to the issuance of a permit in violation of the provisions of this chapter shall be invalid. A. Applications. Every application for a building permit shall contain the following information and be accompanied by the required fee and a plot plan drawn to scale and signed by the person responsible for each drawing. If no such plot plan is available, a survey is required, prepared by a licensed engineer or laid surveyor. If the Building Inspector deems it necessary that plans and specifications be examined to ascertain if the proposed building will comply with applicable building construction, housing and fire codes, he may require that plans and specifications be filed with the building permit application. (1) The actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected, or of the lot on which it is situated if an existing building, except in the case of the alterations of a building which do not affect the exterior thereof. 456 NOVEMBER 1 , 1988 (2) The section, block and lot numbers, if any, as they appear on the latest tax records. (3) ' The exact size and locations on the lot of the proposed building or buildings or structural alteration of an existing building and of other existing buildings on the same lot. (4) The dimensions of all yards in relation to the subject building, and the distances between such building and any other existing .buildings on the same lot and adjacent lots. (5) The existing and intended use of all buildings, existing or proposed, the use of land and the number of dwelling units the building is designed to accommodate; and the necessary c2m0utations to establish conformity to the bulk and density regulations (6) Such topographic or other information with regard to the building, the lot or neighboring lots, as may be necessary to determine that the proposed construction will conform to the provisions of this chapter. B. No building permit shall be issued for the construction or alteration of any building upon a lot without access to a street or highway as provided by Section 280-a of the Town Law. C. No building permit shall be issued for any building where the site plan of such building is subject to approval by the Planning Board, except in conformity with the plans.approved by the said Board. j D. No building permit shall be issued for a building in any district where such use is permitted by special exception unless and until such approval has been duly granted by the board having jurisdiction thereof. E. No building permit shall be issued for any building until approval has been received from the Suffolk County' Department of Health Services for the proposed water supp any any d sewage disposal system. F. The building permit application and all supporting documentation shall be made in triplicate. Upon the issuance of a building permit, the Building i Inspector shall return one copy of all filed documents to the applicant. G. The Building Inspector shall, within ten (10) business days after the filing I of a complete and properly prepared application, either issue or deny a building permit. If a .building permit is denied, the Building Inspector shall state in writing to the applicant ( reasons for such denial. i H. Every building permit shall expire if the work authorized has not commenced within 12 months afte�-_,the date of issuance, or has not been completed within II. 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an additional six months. Thereafter, a new permit shall be required. I. As soon as the foundation of a building or of any addition to an existing building is completed, and before• first-story framing or wall construction is begun, there shall be filed with the Building Inspector an accurate survey, signed by the person responsible for said survey, showing the exact location of such foundation with respect to the street and property lines of the lot. No further construction shall be performed until such survey is approved by the Building Inspector. J. Permit fees. The following fees shall be paid upon the filing of an application with the Building Inspector for a. building permit, which fees shall be paid into the general fund if the application Is approved or returned to the appli- cant if the application is denied: (a) Single-family dwellings: (1) New dwellings and additions to existing dwellings: fifty dollars ($50.) plus fifteen cents ($0. 15) for each square foot of floor area in excess of eight hundred fifty (850) square feet. Oi) Accessory buildings and additions and alterations to existing accessory buildings: . twenty-five dollars ($25.) plus fifteen cents ($0. IS) for each square foot of floor area in excess of five hundred (500) square feet.. (b) Farm buildings and additions and alterations to existing farm buildings: fifty dollars ($50.) for each building. (c) Hotel, motel, multiple dwellings and business. Industrial and all other buildings: . M New buildings and additions and alterations to existing buildings: one hundred dollars ($100.) plus twenty cents ($0.20) for each square foot of floor area in excess of one thousand (1,000) square feet. 00 Accessory buildings and additions and alterations to existing accessory buildings: twenty-five dollars ($25.) plus fifteen cents ($0. 15) for each square foot of floor area in excess of five hun- dred (500) square feet. (d) Foundations constructed under existing buildings: seventy-five -dollars (VS.). (e) Swimming pools, together with required enclosure fencing: one hundrec fifty dollars ($150.). (f) All other structures (i.e. , fences, etc.) and additions and alterations to such structures: twenty-five. dollars ($25.). NOVEMBER 1, 1988 457 (g) Signs,:. The fee forJA .si'grt3.,, _except signs permitted by 100-30C(9)(z shall bs one do(iar T$'1`A0) for each square foot of sign area, with a minimum fee of twenty-five dollars ($25.). (h) Demolition and/or removal and/or relocation of any building: ten dollar ($10.) minimum and five cents ($0.05) for each square foot in excess of three hundred (300) square feet of floor area. (2) Far the purposes of this'Subsection J, cellars, decks, attached garages and any habitable area sl,aJl be included in the calculation. of floor area. Section 1100.1421 100-282, Revocation of permit. The Building inspector may revoke a building permit theretofore issued and approved in the following instances: A. • Where he finds that there has been any false statement or misrepresentation as to a material facCih the application, plan or specifications o6 which the building permit was based. S. Where he finds that the building permit was Issued In error and should not have been Issued In accordance with the applicable law. C. Where he finds that the work performed under the permit Is not being prosecuted In accordance with the provisions of the application, plans or specifications. D. Where the person to whom a building permit has been Issued fails or refuses to comply with a stop order Issued by the Building Inspector. Section (100-143.) loo-m. Stop orders.. Whenever the Building Inspector has reasonable grounds to believe that work an any building or structure Is being.prosecuted in violation of the provisions of the applicabla law, ordlnbncas or regulatlons, or not In conformity with the provisions of an appllcation, plans or specifications on the basis of which a building permit was Issued, or In an unsafe and dangerous manner, he shall notify the owner of the property, or the .owner's agent or the person,performing the work, to suspend all building activities until the stop order has been rescinded. Such order and notice shall be in writing and shall state the conditions under which the work may be resumed, and may be served upon a person to whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the building under construction and sending a copy of the same by certified mail. Section (100-144.1 100-284, , Certificates of occupancy. A. A certificate of occupancy shall be applied for from the Building Inspector and it shall be unlawful to do any of the following until a certificate of occupancy Is issued therefor, to wit: (1) Occupancy and use•of a building erected, reconstructed, restored, structually altered or moved, or any change in use of an existing - building. (23 Occupancy, use of any change In the use of_any land. ( 3) Any change in use of a nonconforming use. B. No certificate.of occupancy shall.be'issued for. the use of a building or lands requiring a special exception approval or special permit, or for any land use requiring—'a site plan approval by the Platming Board.. unless and until such special exception or special permit approval or site plan approval has been duly granted. Every cartifica^to of occupancy for which a special exception,.special permit or site plan approval has been granted, or in connection with which a variance has been granted by the Board of Appeals, shall contain a detailed statement of any condition to which the same Is subject. C. Application for a certificate of occupancy on a form furnished by the Buildina Inspector for a new building or ,or an existing ouiiaing wnicn has oeen altered shall be made after the erection of such building or pact thereof has been completed in conformity with the provisions of this chapter, and, in the case of a new building, shall be accompanied by an accurate plot plan, or if not available, by a survey prepared by a licensed land surveyor or engineer, showing the location of ;he building as built. Such certificate shall be issued within ten days after receipt of the properly completed application, provided that the application states that all requirements of all other applicable codes or ordlnances in effect are complied with. D. If the proposed use is In conformity with the provisions of this chapter and all other applicable codes and ordinances, a certificate of occupancy for the use of vacant land or for a change of use or a nonconforming use shall be issued by the Building Inspector within ten days after receipt of a properly completed application. If a certificate of occupancy Is denied, the Building Inspector shall state the reasons therefor in writing to the applicant. E. Every application for a certificate of occupancy or a temporary certificate of occupancy shall be accompanied by the fee herein- t after specified. Copies of such certificate will be Issued upon the a payment of the fee hereinafter specified. F. A certificate of occupancy shall be deemed to authorize and is required for both initial occupancy and use of the building or land to which it applies. 458 NOVEMBER 1, 1988 C. Upon written request and upon payment of the fee hereinafter specified, the Building Inspector shall, after inspection, Issue a certificate of occupancy for any building or use thereof or of land existing at the time of the adoption of this chapter, or any amendments thereto, certifying such use and whether or not the same and the building conform to the provisions of this chapter. H. A record of all certificates of occupancy shall be kept in the office of the Building Inspector, and copies shall ba furnished on request to any agency of the Town or to and/ persons having an interest in the building or land affected*. I. Certiflcate of occupancy fees. The following fees shall be paid upon the filing of an application with the Building Inspector for a certificate of occupancy, which fees shall be paid into the general fund if the application is approved, or returned to the applicant if the application is denied: (a) Business buildings and/or business uses and additions and alterz- tions thereto: fifty dollars ($50.). (b) New dwellings and additions and alterations thereto: twenty-fh-e dollars ($25.). (c). Accessary buildings and additions and alterations thereto: twenty-five dollars ($25.). (d) Pre-existing dwellings: fifty dollars ($50.). (e) Vacant land: twenty dollars ($20.). (f) Updated certificates of occupancy by reason of additions or altera- tions: fifty dollars ($50.). (g) Copies of certificates•of occupancy issued five or less years ago: five dollars ($5.). (h) Copies of certificates of occupancy Issued more than five years ago: ten dollars ($10.). Section (100-1451 100. 285. Penalties for offenses. A. For each offense against any of the provisions of this chapter or any regulations made pursuant'-thereto or for failure to•compiy with a written notice or order of any Building Inspector within •the time fixed for compliance.therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes `part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of any Building Inspector shall, upon a. first conviction thereof, be quilty of a violation punishable by a fine of not exceeding five hundred dollars ($500.) or by imprisonment for a period not to exceed fifteen (15) days, or both. tach day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent Conviction within eighteen (18) months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding t,= one thousand five.hundred dollars ($1,500.) or by imprisonment for a period not to exceed fifteen (1S) days, or by both such fine and imprisonment. Section 1100-1471 100-286. Remedies. . In case any building or structure Is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land Is used, In violation of this chapter or of any regulations mado pursuant thereto, In addition to other remedies provided by law, any appropriate action or proceeding, whether by legal process or otherwise, may be instituted or taken to prevent such unlawful erection, construction, r reconstruction, alteration, repair,conversion, maintenance or use, or to restrain, correct or abate such violation, or to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct. business or use In or about such premises. 31. Article XV, is renumbered Article XX1X and Sections 100-150, 106-161 and 100-152 thereof are renumbered 100-290, 100-291 and 100-292 respectively, 32. Article XVI of Chapter 100, as added by Local Law No. 14, 1985, entitled "A Local Law to'provide for a Moratorium in certain use Districts" is hereby repealed. ' 33. Said Chapter 100 Is hereby amended by adding a new Article thereto to be Article XXX to provide as follows-: - ARTICLE XXX Severabllity Section 100-300. Severablllty. Should any section or orovislon of this chapter be decided by the courts to be unconstitutional or invalid, sucn declSIon shall not attect the vatidity of the cnaoter as a wnole or any oar% thereor otner tnan the oars so deckled to be unconstitutional or invalid. 34. This Local Law shall take effect upon its filing with the Secretary of State. 24.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councliman Penny, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. NOVEMBER 1 , 1988 459 SUPERVISOR MURPHY: I'd like a resolution to recess now to hold a public hearing that's scheduled for 8' 00 o'clock. Moved by Councilwoman Oliva,'"seconded by Justice Edwards, it was RESOLVED that a recess be _called at this time, 8:00 P.M., for the purpose of holding a public hearing on a Proposed "Local Law in Relation to Zoning_". Vote of the Town Board: Ayves_Councilwomars Larsen, Councilwoman Oliva, Councilman Penny, Yustice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED Meetinq reconvened at' 8:15 P.M. SUPERVISOR MURPHY: Resolution 25 is a decision on this proposed "Local Law in Relation to Zoning". I don't think it will even be presented. No one would like to make a resolution? (No response.) Number 26 is a contribution towards a proposed trash disposal system plan. I offer that resolution. This is a joint effort with a private foundation, Queens College, Suffolk County, and the ten,, ,Towns. We've going to contribute a $1,000.00 as a local share, and hopefully some good will come, mainly in the areas of recycling. I offer that resolution. 26.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, WHEREAS, the Town Board has been presented with a proposed trash diposal system plan designed by the Center for the Biology of Natural Systems at Queens College; and WHEREAS, the Town Board has been requested• to help fund a study by the group which would analyze the present trash disposal situation and evaluate option ways of improving it; and WHEREAS, the group has been awarded a grant of $50,000 by the Veatch Program of the North Shore Unitarian Universalist Church to do the study with the addtional offer of matching funds of $1 .00 for every $2.00 the community contributes; and WHEREAS, the Town of Southold has been requested to contribute $1,000.00 toward said study; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby approves the expenditure of $1,000 -for said proposed study, said amount to be paid From A8160.4 (Refuse & Garbage) . 26.-Vote of.the Town Board: Ayes.- Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 27 is to set a park and playground fee. 27.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby determines the amount of $44,376.00 shall be deposited with the Town in lieu of land for Park and Playground purposes by the owners of Chardonnay Woods major sudivision, located on the south side of Sound View Avenue and north side of Old North Road, Southold, New York. 27.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 28 is a resolution to create a Bay Constable position and call for the Civil Service list. I offer that resolution. 28.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, " it:.was RESOLVED that the Town Board of the Town of Southold hereby creates the position of Bay Constable, sets a salary of $9.50 per hour, and authorizes and directs Supervisor Francis J. Murphy to request a local Suffolk County Department of Civil Service Certification of Eligibles for said position. 28.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 29 is to create a Police Sergeant position and call for the Civil Service list. I offer that resolution 29.-Moved by Supervisor Murphy, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby creates the position of Police Sergeant, sets a salary of $43,932.00 per annum, and authorizes and directs Supervisor Francis J. Murphy to request a local Suffolk County Department-of Civil Service Certification of Eligibles for said position. 29.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. 460 SUPERVISOR MURPHY.' Number 30 is to create a Public Safety Dispatcher I position and call for the Civil Service list. I offer that resolution. 30.-Moved by Supervisor Murphy, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby creates the position of Public safety dispatcher I , sets a salary if $17,404.62 per annum, and authorizes and directs Supervisor Francis J. Murphy to request a local Suffolk County Department of Civil Service Certification of Eligibles for said position. 30.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Murphy. Thic rPcnliitinn wac dprlarP.rl dilly ADOPTED. SUPERVISOR MURPHY: That's the end of our prepared and added-on agenda. At this time I'd like to ask any Town Board members if they have any further comments. Ray? JUSTICE EDWARDS: The only comment I have, Frank, is that this article that was printed from the New York Times, October 23, 1988, on the economics of waste prices. There's one paragraph in there. Incineration . is non- existent in this country. As recently as early 1970's,it's becoming more ---- --common about 100 incinerators now operate in the United States, mostly in the northeast. There are plans to build 76 more, at least a halt dozen companies now offer resource recovery plans. I think this is a very good article for people to get some ideas on, on how to go with incineration. We're trying to do it on the island, and having some, estimates over there. . . . . .with the Fishers Island Conservancy and so forth, and with the Town going into composting, of course, this is an alternate. I think it's very inportant that we keep this in back of our mind, in case the DEC does - not approve the composting program that we're going in for. That's it, Frank. Thank you. SUPERVISOR MURPHY: Thank you. Ellen? COUNCILWOMAN LARSEN: Nothing. SUPERVISOR MURPHY: George? COUNCILMAN PENNY: No, thank you. SUPERVISOR MURPHY: Ruth? COUNCILWOMAN OLIVA: No, thank you, Frank. SUPERVISOR MURPHY: At this time, I would like to ask anyone in the audience who would like to address the Town Board? Martin? MARTIN SIDOR: I'm Martin Sidor. I feel like I've been on a run all day today. As the viewpoint of the Water Advisory Committee, first of all, felt that I should speak tonight. I felt that I was shortchanged. l found out what was happening today—what was going on today at the Town Board last night, and planned to . . . . . .for the business day, and I had no recourse, and I wish I had been involved this morning, so I just think that maybe, I can give you my viewpoints. Being on this now for a couple of months, think we've lost a little, going off track here a little bit, and we've followed this one line of thought. What I think we're presenting, is something very similar to what took place through the course of the winter, and I foresee as a split, an alienation between the people involved in this watershed and outside this watershed. And I think that it would not suit well for the Town. First, of all, I think you have to tone it down. I don't know why we got into this, this overkill, or this, such a dramatic answer to this question of water quality. Maybe, because we haven't done anything for such a long time, now we're in the middle of somewhere along this line. We've been down here for so long, we've been gone and rebounded above and beyond what's possibly needed. I think somewhere in the middle we can keep everybody happy, and still provide plenty of`°good quality water for people in Southold Town. The plan that was proposed, I believe, is taken as important base within the TDR's. The little bit that I known of this I don't think its such a proven quanity to take such a big step, and base it on something that I think that there's going to questions to be answered there. I know places "in New England where it has worked. And I know place down south in Maryland, I know of one county, and a friend had told me someplace in Virginia, they failed miserably. I think there's studying, more on that line. As far as a farming point of view the storage of fertilizers and pesticides, as a farmer, and I'm too small and all farms are too small to store any great amounts on there-own. The financial and space does not provide that. Just depending on our use, NO:VEMBER 1, 1988 461 to buy that when we need that. That they are also under regulations .from the DEC and in time when the.;..res'pohsi;bility,....,will-,.shift- back to the farmer. We'll be responsible for x amount of tons of fertilizer and we'll have to store that, because we'll use that x amount of pounds or gallons of insecti- cides. We will have to store that in our premise. So, maybe what looks like not much of a problem now for -a particular farmer, I can see within a short period of time becoming one big problem, and it has not been answered don't believe. That's something I believe, Mr. Santos, was supposed to make one of the meetings, which hasn't taken place yet, and he'll be welcome. I have down here, though I'm jumping around a bit, they mentioned education, and sitting on the Board of Education and looking it up one time to make sure education is open-minded, take all tacets, with ;viewpoints from all sides, and I wonder if that's going right now. I was, one evening, finishing up, trying to spray on a columbine thinking over the PC on Main Road and Locust Avenue, and approximately 500 feet from the Main Road. A young woman was walking a dog down the road, and I guess. she thought Darth Vader, or the skull and crossbone individual coming down the road, and it was really, I felt like getting off the tractor, running down the road, and shaking the person, . saying what is the matter with you? I'm not indis- criminately killing bugs and humans and anything that lies in my path. She literally jumped in front of the roller. One car swerved off to miss her. She forgot her dog. The dog barely missed being hit. She then remembered in the middle of the road, yes, that's my dog on the other side of the road. She went back, retrieved her dog, again got stuck in the middle of the road, and like I said, I watched this, and I said,"There's something. wrong here". So when we speak of education, it has be that from both viewpoints. The lady I think just saw me coming down with, that would have been, I think, a pleasure, if she was nicked or hit, then have me come near her, and' I think a lot of people. feel that way. It has to be addressed a little more openminded. I spoke to people from farm production FHA and we talked about whether up¢oning or transfer develop- ment rights, although we have not borrowed .money, and don't know will in the future,but if I was just asked pointblank when the farmer comes to your office and asks for x amount of dollars to farm for that coming season, what would you base it on, and the first thing that come up was the value of your land, and that was zoning. I ask the individual would he, please, write something for me or come and speak for me, and he would not. He's not going to get into that. So that is an important issue here. don't know what farmers go out and borrow money. 'That's their personal business. It is an important,, and again, not an address. There's been several here, and the other thing, I'll get back to where I started off with. The personal viewpoint. It's the. psychologyaf telling a"person, that this is what we're going to do, and this, this, and that, and naturally this creates a conflict or d,i lemna, and that person's going to have his back raised, and he's going to fight. I think what we have to do in this Town, think there is a way of providing good water. We're going to have to get together, and not try and just ramrod some kind of proposal or plan, and get a little bit more imput and more, not what we were into last winter. If that happens again, it's going to be long time before the next one comes around again. The next plan. So I think we're really looking, you know, we're going to have to be in little bit more of peaceful co-existence, and as I say, I just want to hear a few viewpoints on that, before change of zoning. One quick thing here, before I get back. The Farmland Preserva- tion, they sat here, one or two meetings ago, the individual that was appointed was a retired school administrator. I would like in the future, during the winter, when I have more time to be able to sit and talk with you or anybody, and that we have to expand this. We have this Farmland Preservation Program, and the saving of farmland, where the Town and the County for a number of years now, and the number of farms have decreased. There's something wrong. There's a hollow sounding term, farmland preserva- tion. You're saving the land, but you're forgetting the individual that works the land. What we have to have is some working individual farmers to be extended into this committee, and stay on the committee for more than just saving of the farmland, but the particular problems of keeping us in existence in Southold Town. It will do the Town a``hell of a lot of good in the future. I thank you. SUPERVISOR MURPHY: Would you just comment on what you think of the farmer's bill of rights. MARTIN SIDOR: Farmer's bill of rights? You'll have to help me a little bit. I'm not familar with that. SUPERVISOR MURPHY: To notify a. prospective buyer. Similar to the situation that you were talking about. Spraying, irrigating, driving the tractor at five in the morning. . . . MARTIN SIDOR: Is that now with the ag. district? NOVEMBER 1, 1988 462 COUNCILWOMAN OLIVA: No. Actually I just spoke to Rob Pike. He is introducing the bill of rights in conjunction with his whole ag. program. Now the last meeting we had, the Farmland Preservation Program, we had looked at a rough draft and I have a more completed copy, which I'm going to pass to the Farmland Preservation Committee, because we thought just having the bill of rights itself, was a very good idea, and notifying, so when people say they want the rural atmosphere, and once they get there and see you spraying they have a darn fit, that this way they really know what they're in for if they but something next to a farmland. And it's your right to do such a thing. SUPERVISOR MURPHY: Also to protect the other persons rights,too. The abuse of chemicals, fertilizer, water, that type of stuff. MARTIN SIDOR: I believe as far as the spraying goes next year, we'll will be mandated to put signs in fields, twenty-four hours in advance of spraying so there will be something. I think you spray in the morning by six o'clock, they have to be out by six that previous evening. So there will be, I think next year, some changes on the spraying, and I think that has been watered down, but I think that may come back again, within five hundred feet of homes, and buildings, so, again, it will be regulated as far as that goes. As far as the bill of rights, I don't know where they come from. I would like to see some local farmers, just sit down and talk. I'd go out of my way to find the farmers. I think it's going to rough to find the farmers. I talked to one young individual who said he's going to put in a farm. Now's a tough time. COUNCILWOMAN OLIVA: Marty, you know Bob Villa's also the Chairman of the Farmland Preservation Program. Perhaps you should speak to him and we can get a meeting together., with • the farmers in the wintertime, think it would be a wonderful idea. I absolutely do. MARTIN SIDOR: I don't know how many. I might find two or three. I'm looking for more. I'm looking to expand that. And .keep the Committee where it is, but I think we're looking at it in a narrow point of view. , There's something wrong. You see what's going on, we're saving the land, but the man who's worked that land, it's all hollow. We can get a few things in there, and I don't know if it's major but, expand it and include the size of land, so of the problems we're working at, I think would be a big help. COUNCILWOMAN OLIVA: I think your input as far as all the new rules and regs that you're being asked to do by the DEC and all this, I think, the greater communication we have among all of us, the better off we are. think it would be an excellent idea. Let me know, or let Bob Villa know, when the best time is to have something like that. It would be great. MARTIN SIDOR: That's why I bring that story up. I just wish I could have got off the tractor fast enough and sit her down and talk to her, why. What happened. There's that attitude and it has to be changed it we're going to be side by side. SUPERVISOR MURPHY: Anyone else like to address the Town Board? (No response.) Hearing none, a motion to adjourn is in order, and I'd like to thank you brave souls for coming out here tonight in this weather. In particular our TV cameraman, who does such a great job. Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 8:30 P.M. Vote of the Town Board: Ayes: Councilwoman Larsen, . Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. C Judith T. Terry Southold Town Cler