HomeMy WebLinkAboutTB-11/23/1971 IZA
SOUTHOLD TOWN BOARD MINUTES
Meeting of November, -23 , 197l, =
- The Southold Town- 'Board- met at the office" o-f Supervisor-Albert
M. Martocchia; 16 South' Street, Greenport,- New York,-' on Tuesday,
November • 23'; `i'97-1 "at 3-c 00 P.M. ; with the' following- present:
Supervisor Albert M. Martocchia, Councilman James H.
Rich, Jr:; Councilman Howard C.'• Valentine, Justice - '
Martin Suter, Justice Louis M. D..emarest, Town Attorney
Robert W. Tasker, Supt. of- Highways Raymond- C.- Dean,
and Town Clerk Albert W. Richmond.
Moved by Justice Suter , seconded by ilustice Demarest, it was
RESOLVED: That the minutes of' -the meeting 'of: November' 9, - 1971
be and they hereby are approved.
Vote of the Town Board`: • Ayes: ' ' Supervisor- Martocchia, Councilman
Rich, Councilman 'Valentine, Justice Suter, Justice Demarest.
Moved by' Cbi'ncilman Valentine, seconded by Councilman ' Rich, it was
RESOLVED: That' thbf"next meeting of �th ' Town Board will be held
at the offic•e-`'of" Supervisor'°Albert M. Martocchia, 16 South 'Street,
Greenport,' New-°York-; on `Decemb'er 7,' 1971 at 3 :00' P.M.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich; ' Councilman 'Valentine , Justice Suter; Justice 'Demarest.
Moved',--,by- Justice :Demarest; seconded by Justice' Suter, it was
RESOLVED:, That_- the',Supervisor; Albert M. Martocchia; - be -
authorized to advertise--for bids and-•to, purchase- from the—
lowest responsible- bidder 300, 000 gallons -of premium gasoline
or as--much- as ' may be-needed- for':the Town' of Southold:•
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, Councilman Valentine, -Justice- Suter,- Justice- Dema'rest:
:Moved by- Just'ice`Suter; seconded by Councilman Valentine, it was
RESOLVED: That $1, 500 be and hereby- is " transfe'rred from 'Full
Town Surplus to `F.:ea..si.bilIt-y-1.Water study of the Mattituck-Cutchogue area.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, Councilman Valentine, Justice Suter, Justice Demarest.
Moved by Justice Suter; seconded by Councilman Valentine, it was
RESOLVED: That Supervisor Albert M. Martocchia be and he hereby
is authorized to increase from $10, 000 to $11, 500 the contract
with the firm of Holzmacher, McLendon and Murrell, Consulting
Engineers , to make a feasibility study and report for a proposed
Mattituck-Cutchogue water district, as more territory has been
requested by the Mattituck-Cutchogue fire commissioners.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, Councilman Valentine, Justice Suter, Justice Demarest.
Moved by Councilman Valentine, seconded by Councilman Rich, it was
RESOLVED: That Supervisor Albert M. Martocchia be and he hereby
is authorized to contract for the placement of sod in front of
the new police building; sum not to exceed $980.00.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, Councilman Valentine, Justice Suter, Justice Demarest.
Moved by Justice Suter, seconded by Councilman Valentine, it was
RESOLVED: That the Town Clerk be and he hereby is directed to
request the Long Island Lighting Company to install the following
lights :
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Install - 175 MV, LIL Pole #3 , Hill Rd. at intersection with
Harper Rd. , Calves Neck area, Southold, N. Y.
Remove .200 W Globe. light,. replace with 175 MV, 'NYTel Pole
5-7-8, Calves Neck area, Southold, N.Y.
Village Lane
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, Councilman Valentine, Justice Suter, Justice Demarest.
Moved by Councilman Rich, seconded by Justice Demarest, it .was
RESOLVED:_ That. :Supervisor Albert M. Martocchia, be and .he hereby
is authorized to contract to have the police boat removed from
the water .and .delivered to the Pecon.ic �Highway .barn, and, keturned
in .the spring -at a .cost of not more .than $160.. 00.
IT IS FURTHER RESOLVED: That .a, tarpaulin be purchased to cover
the police boat at a cost not to exceed $97 . 00.
Vote. .of the Town Board: Ayes : . Supervisor. Martocchia, Co-uncilman
Rich, Councilman Valentine, Justice Suter, Justice- Demarest.
Moved by Justice Suter,. seconded by Councilman Valentine,
WHEREAS Fred Lawson applied to the Town Clerk for a single.
trailer renewal permit dated November 11, 1971,
NOW, THEREFORE, BE IT RESOLVED: That the application of Fred
Lawson- to locate a single- trailer on the south side of Sound,
Avenue, Mattituck, New York, be and the same hereby is granted
for a period -of.-.six (6) months :
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, Councilman ,Valentine, - Justice -Suter, Justice Demarest.
Moved by Councilman Valentine, seconded by Justice Suter,
WHEREAS Oscar Goldin applied to the Town Clerk for a single
trailer renewal permit dated November 11, 1971,
NOW, THEREFORE,- BE IT RESOLVED: That the application of Oscar
Goldin. to locate a sing-le trailer on .Lot No. 60, Greenport
Driving Park,. Linnet Street,. Greenport, New York,. be and the
same hereby is granted for a period of Six (6) months.
Vote of the Town Board: Ayes : Supervisor Mar.tocchia,. Councilman
Rich, Councilman Valentine, Justice Suter, Justice Demarest.
Moved by Justice .S.uter, seconded by. Councilman .Rich,
WHEREAS, John Tuthill applied to. the. Town. Clerk for a-s-iggle
trailer -renewal-, permit .dated _ November. 11, 1971,;
NOW, THEREFORE; BE .IT RESOLVED: -, That: the , application of John .
Tuthill to locate a trailer on the. :east.-side of Elij.ah ' s;-Lane,
Mattituck, New York, be and hereby is granted .for a period of
six (6) months. .. .
Vote of .the ,Town Board-: :Ayes : Supervisor Martocchia; Councilman
R�ich., - Councilman Valentine-,, Justice Suter„ Jus.tice Demarest.
Moved by Justice Suter, seconded by Councilman Rich, it was
RES-OLVED.:. .That the Southold Town Board release the bond of
H: R. Reeves & Sons in the amount of $15, 000 as .recommended : by
the -Southold. Town Planning Board and Superintendent of Highways,
for the completion of roads and other improvements in•.the : .
subdivision-,known -as Bennetts Pond, located off Westphalia
Road, Mattituck; New York.- -.
Vote of-,:the, Town, Board-:. Ayes : . Supervisor Martocchia-, ,Councilman
Rich, Councilman Valentine,. .Justice Suter, Justice Demarest.
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Moved by Councilman Va:lentine, , seconded by Justice Demarest, it was
RESOLVED: That HbwarduTerrg drv-7GeargedFish.er,eeandeabne;* eCnployee,
If appdinted, be and hereby are authorized to. use the town car
for transportation 'to Babylon" Town Hall to attend New York State
Building Inspectors School, on various dates in December, January
and February.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, Councilman Valentine, Justice Suter,- Justice Demarest.
Moved by Councilman Rich, seconded by Councilman Valentine, .
WHEREAS, the Southold American Legion, Griswold-Terry-Glover
Post #803 ,- Southold, NewYork, app.lied to. the Town Clerk for-- a
Bingo License, and
WHEREAS, the Town Board has examined the application and after
investigation,-duly made findings- and -determinations as required
-by law,. .
NOW, -THEREFORE, BE IT RESOLVED: That the Supervisor be and he
hereby is authorized and directed -to -execute on behalf of the
Town Board the findings and determinations as required by law,
and it is further
RESOLVED; That the Town Clerk be and he hereby is directed to
issue a Bingo License to -the Southold American Legion, Griswold-
Terry-Glover Post #803, Southold, New York.
Vote of the Town 'Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Valentine, Justice 'Suter, Justice Demarest,.
Moved by Councilman Valentine, seconded by Justice Demar:est, it was
RESOLVED: : -That 'the -,following persons 'be hired under the Federal
Emergency Employee Act for a period _of 'not more than two years,
or as long as the Act is in effect, , i'f a lesser period of 'time:
Leon Milden; -Laborer - effective November 16, 1971.
Paul Mellas, Laborer - effective November 1, 1971.
Frank Milowski, Mechanic - effective December 1, 1971.
Marjorie McDermott, Stenographer - effective November 16, 1971.
-John Ni-erodzik, Custodian - effective December 1, 1971.
Edward Hinderman Assistant Building Inspector - effective
December 1, 1971.,
Vote of the .Town Board: Ayes : Supervisor Martocchia, Councilman
Rich.; 'Councilman Valentine, Justice Suter, Justice Demarest.
The following resolution- was offered bar Justice Demarest who
moved its adoption,- seconded by Justice Suter; t"o wit:
Capital Note Resolution Dated November 23, 1971.
A resolution authorizing the codification of the laws
ordinances; codes, resolutions-, rules and regulations of .the
Town of Southold, Suffolk County, .New York, at a maximum estimated
cost of $6, 500. 00 and authorizing the issuance -of. $6, 5"00,.00 capital
notes to pay the cost thereof.
BE IT RESOLVED, by 'the Town Board of The Town of Southold, Suffolk
County, New York, as follows :
Section 1. The codificat.ion .of the laws; ordinancep, codes,
resolutions; rules and regulations of the" Town of Southold; Suffolk
County, New York, is hereby, authorized at a maximum estimated
cost of $6, 500..00'. '
S.ection ,2.- ' The - plan for the financing of 'such maximum
estimated cost is by the issuance of $6, 500.00 capital notes
hereby authorized .to be issued pursuant to the provisions of
the Local Finance Law.
Section 3.- It- -is hereby determined that the period' of
probable usefulness of such specific object or purpose is three
years pursuant to subdivision 72 of paragraph a of Section 11.00
of -the LocalFinance' Law, "and that the proposed maturity of the
notes herein authorized will not exceed five years.
Section 4. The faith and credit 'of said Town of Southold,
Suffolk County, New York, are hereby irrevocably pledged to the
payment of the principal of and interest on such notes and an
amount sufficient to pay the principal of 'and- interest on such
notes shall be included in the annual budget and levied as a
part of the taxes for each fiscal year to pay the principal
and interest becoming due and payable in such fiscal year.
Section 5'. Subject to the provisions of the Local Finance
Law, the power to 'sell said capital notes is hereby delegated
to the Supervisor, the chief fiscal officer. Said notes shall
be of such terms, form and contents , and shall' be sold in such
manner as may be prescribed by said Supervisor, consistent with
the provisions of the Local Finance Law.
S Section 6. ' The validity of such notes may be' contests only
if :
(1) Such notes are authorized for an object'or
purpose for which said Toa n of Southold is
nnot authorized to expend money, or
(2) The provisions of law which should be complied,
with at the date of publication of this resolution
are not substantially complied with, and an
action, suit or proceeding contesting such
validity is commenced within twenty days after
the date of such publication, or
(3) Such notes are authorized in violation of the
provisions of the constitution.
Section 7 . This resoiution which takes effect immediately,
- shall be. published in full in the Suffolk Times, the official
newspaper, together with a notice of the Town Clerk in substantially
the form provided in Section 81. 00 of the Local Finance Law.
The question of the adoption of the foregoing resolution was duly
put to a vote on roll" call, which resulted as foYlows : Ayes:
Supervisor Martocchia, Councilman Rich, Councilman Valentine,
Justice 'Suter, Justice Demarest.
The resolution having received at least a two-thirds vote
of the members of the Town Board was thereupon declared duly
adopted.
Moved by Justice Suter, seconded by Justice "Demarest,
WHEREAS Stanley Sledjeski has made application� to' the Town
Board to dedicate certain highways at Mattituck, in Subdivision
known as; Sunset Knolls, Sections 1 and 2, to be known as Stanley
Road, Dogwood 'Lane, Daisy Road; Sunny Lane, Ruth'-Road and -Sunset
Drive, more fully described in said petition, together with
release executed by the owner- thereof', and
WHEREAS the Highway Superintedent has-, inspected the said highways
and has advised the Town Board that said proposed highways comply
in all respects with the specifications for the dedication of
highways in the Town of Southold,
NOW, THEREFORE, BE IT RESOLVED that the Town Clerk be and he
hereby is authorized and directed to forthwith cause the
dedication, release and deed to be recorded in the office of
the Clerk of the County of Suffolk.
Vote of the Town Board: Ayes : Supervisor Mar to=hia," Councilman
Rich, Councilman Valentine, Justice Suter, Justice Demarest.
Moved by. Councilman Valentine, seconded by Justice -Demarest,
WHEREAS. it is the -opinion -of - the 'Town ''Board that -an- orderly and
accessible arrangement of the laws and ordinances of- the Town of
Southold will be to the advantage -and-welfare of the Town of
Southold and be of material benefit in the operation of the Town
government; -
NOW, THEREFORE, BE IT RESOLVED THAT:
Section 1. The Supervisor be directed to authorize General
Code Publishers Corp. to compile: and arrange for the codification
of the Laws and Ordinances of the Town of Southold and to sign the
contract upon its approval by the Town Attorney.
Section 2.. The work to be done in cooperation with and
under the direction and supervision of Robert W. Tasker, the
Town- Attorney.
Section 3.; The cost of such Code. shall be. $6., 5.00.0-0 payable
in accordance with said. contract.
Vote of, the Town Board: Ayes : Supervisor -Martocchia, Councilman
Rich; Councilman Valentine, Justice Suter, Justice .Demarest.
Moved by Councilman Valentine, seconded. by .Justice- Demarest.,
WHEREAS, this Board held a public- hearing on. the.. 28th day of
September; 197.1, in tthe matter- of .the amendment.. of .the .town
ordinance entitled "Thee Building Zone .Ordinance of the. .Town_
of Southold, Suffolk .County, New York" together. with-the _
Building Zone Maps- forming a part thereof at which- time a11.
interested persons were given an opportunity to be heard with
respect to said matter, and
WHEREAS,- this Board now. deems it. in. the public. interest that
said proposed amendments be. enacted, .
NOW, THEREFORE, ,BE IT RESOLVED that "The Building Zone Ordinance
of -the Town -of Southold, Suffolk County, New York" together with
the Building ,Zone Maps forming a part thereof consisting of six
sections designated A to -F inclusive and which have been signed
by the members of this Board be amended as. fol•lows, to wit :
ARTICLE I
PURPOSES - DEFINITIONS
SECTION 100 - PURPOSES . -- There is her-eby. established a
comprehensive zoning plan . for the Town of Southold, which plan
is set forth in the text and map that constitute this ordinance.
Said plan is adopted for . the purposes. set . forth in. Article ib
of the Town Law, which, in the interest of the protection and
promotion of the public health, safety, and .welfare, .shall. be
deemed to specifically include the following, among . others :
1. The facilitation of the efficient and adequate
provision of public facilities and services;
2 . . The assurance -of .adequate .sites. for residence, industry,
and commerce;
3. .The provision for privacy for. ,fami.lies;
4. The prevention and reduction. of traffic congestion,
-so- as to promote efficient and safe circulation of. vehic,le,s.
and pedestrians;
5. The maximum protection .of residential areas ;. ..
6. The gradual elimination ..of non-conforming uses;' ,
7. The enhancement of the appearance of the. Town. of
Southold as a whole;
8. The encouragement of flexibility in the design and
development of land in such a way as to promote. the most
appropriate use of .lands to facilitate the adequate and economical
provision of, streets and utilities and to preserve the natural
and scenic qualities of open lands;
9. The fostering and protection of agriculture -and
fisheries.
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SECTION 101 -.DEFINITIONS.: - Unless .otherwise' ekpressly
.stated, the following terms shall for the purpose of this .
ordinance have the meaning herein. indicated. Words used in
the present tense include the future; the singular number includes
the plural and the plural the. singular; the word "person" includes
a corporation as well as an individual; the word "lot" includes the
word "plot". The term "occupied" or "used" as applied to any
building -shall be construed as though followed, by" the words "or
intended, arranged, or designed to be .occupied or used".
ACCESSORY -. A.-building or. .us.e _cleanly- incidental .or sub-
ordinate to, and customary in..:connection with, .the principal
building or use on the same lot.
BASEMENT - A story in "a building, the structural ceiling
level of which is four feet or more above the average level of
finished grade where such grade abuts that exterior ceiling
level of which is four feet or more above the average level
of finished grade where such grade abuts that exterior wall
of such building which fronts on any street, and the floor
level of which is below finished grade at any point on the
periphery of the building._
BILLBOARDS A sign,-- including the type .commonly. .known as
a billboard, which directs attention .to .a business,: :commodity,
service, entertainment or -attraction, sold,. offered or .existing
elsewhere than upon the .same lot where: such' .sign is displayed
or only incidentally upon such lot.. '
BOARDING AND TOURIST HOUSES :=::A: building-. other" :than. a . hotel
where lodging, with or without meals, for five or more persons
is furnished for compensation.
-.BUILDING Any combination. of -.materials forming.- any cons-
truction, 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 s.tructure� _as well as
the following: _
a. . Signs;
b... F.endes;.
c..._ Walls; other.: than. retaining _walls::projecting._above . tbe
ground not more than 3 feet at the higher ground level and not
more than 6-1/2 feet at the lower ground level;
d. . :Radio and . television receiving and transmitting towers
and .antennae, except for-.-such antennae- installed on the roof of
a "building'.'- and extending -not more-. than 20 .feet .above the highest
level of 'the roof: -of such:. "-building";: and
e. Porches, outdoor bins and other similar istructures" .
CELLAR - Any space in a building the structual ceiling level
of which is less than four feet above the average.. finished. grade
where such grade abuts that exterior wall of such .building which
fronts on .'any. street. A cellar . shall not be considered in deter-
mining - the permissible number of stories. .,
COURT, .INNER -, An- open space enclosed:'o_n all.''sides by exterior
walls of a building.,
COURT;:OUTER -- . Anr-open - space , enclosed on 'thr.de. sides by
_exterior .walls . of a building::
-COURT, , OUTER, DEPTH•,:OF - . The linear average dimension measured
from the unenclosed side .of . the court to the farthest wall thereof.
COURT, OUTER, WIDTH OF: The linear . dimension -of the un-
enclosed side of. the., court.
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CURB-, LEVEL -. The established elevation .of the street grade
at the point that is opposite the center of the. wall nearest to
and •facin.g, the street .line:.
DWELLING-,_-.ONE-FAMILY. -..A detached .building .conta.ining one
dwelling. unit,, only.
DWELLING, - MULTIPLE..-. A .building. or .portion �there.of..containing
three 'or more 'dwelling units .
DWELLING,- ROW .'OR .ATTKCHED. .- A ,o.ne-family _dwelling, with two
common or party. walls separating it from adj.acen.t. units, on both
sides.
DWELLING, TWO-FAMILY '- A detached..building .containing two
dwelling units only.-
DWELLING, SEMI_DETACHED -..A one. family. dwelling with one
wall in common with an adjacent ..dwelling...
DWELLING UNIT -. A 'building.. or' entirely.: self-coritained
portion thereof contaimmng complete _housekeeping ,.faciliti-es for
only one family, including any domestic servants employed on the
premises and having. no enclos.ed space .:(other than.-,ve5tibules,
entrances or other hallway_-s. .or_ porche-s.)_ _or. ._co.oking. or ..sanitary
facilities -in common ,with any_ .other ."dwelling unit. ". _A house
traile•r`, _a boarding or -rooming house,. convalescent h.ome,.- fraternity
or sorority house, hotel, . -motel, inn, lodging, nursing, or -other
similar home, or other similar structure shall not be deemed to
constitute a dwelling unit.. .
FAMILY - One or more persons occupying a 'dwelling unit as
a single non-profit housekeeping unit. More than five persons,
exclusive .of..domesti.e _servants.,. .not .related by blood,. .marriage
or. adoption, shall not be considered to constitute a .family.
FLOOR AREA..-. The .sum of. the , gross horizontal -areas of, the
several floors of the building or buildings on :a lot measured
from the exterior faces of exterior walls or from' -the, -center line
of party walls separating two buildings, excluding. cellar and
basement areas-. used'.only for`, _storage, for the op_eration,. and
maintenance of •the building.
FLOOR AREA, LIVABLE - All spa.ces within the exterior walls
of- a d'welling.'unit exclusive . of . ga-rag•es,,: breezeways; unheated
porches, cellars, heater rooms , and :b.a.aements having a window
area of less than 10% of the square.. :foot area of. .the .room.
Usable floor area. shall inc.l.ud.e_all. spaces .n.ot._.otherwise ex-
cluded above such as : principal rooms, utility rooms, bathrooms,.
all closets and hallways- opening directly into any rooms within
the dwelling. unit and all attic : aspace ha:ving ..a clear..h.e•ight of
six . feet 'from: finished f.loor . level ..to:-pitch of-.roof rafter with
a clear height of seven 'fee.t _six .inches _from .finished .,floor level
to ceiling level over 50%..of ..the .:area _.of . such attic...spa,ce., .
FLOOR AREA RATIO - The floor area in square feet: of all
buildings on a lot divided by the area of such lot in square feet.
GARAGE,.' PRIVATE - . A building .used for .the .storage of one (1)
or more gasoline or other power driven vehicles owned and. used
by the owner or tenant of the lot on which it is erected, and
for the storage of not exceeding .two- (2) addit'i.onal : vehicles
(not trucks) owned or used-.by others.
GARAGE, PUBLIC - A building other than a private garage used
for housing or care of gasoline or other power' driver: vehicles, or
where such vehicles are equipped for operation;. 'repairs, or kept
for remuneration, hire or sale.
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HOME OCCUPATIONS— This shall be understood. to include the
professional office or studio of a doctor, - dentist, teacher, artist,
architect, engineer, musician, lawyer_., magistrate or practitioner
or a similar character or rooms .used for. home occupations. including
home baking, millinery or similar handicrafts, PROVIDED that the
office, studio or occupational rooms are located in a dwelling in
which the practitioner resides and in a building accessory thereto,
and PROVIDED further, no goods. are publicly displayed,- on the
premises -and no,-- sign or advertisement. is shown.-other than- a sign
not larger? than two• (2) square feet in .total. area-, bearing only
the..name and occupation (words only) . of the practitioner.
HOTEL - A building occupied as the more or less temporary
abiding place of, individuals who are lodging with-.or without meals
and in wh-ich. there- are more than.-, ten (10) rooms usually occupied
singly and no provision made- for cooking in. any .room_. or individual
apartment.. :
HEIGHT - The vertical distance measured from the average
elevation. of the . finished grade at the'.'front off. the building to
the highest point of the roof for flat and mansard roofs, and to
the mean height between eave and ridge for other types of roofs.
.. . JUNK YARD -- Land- occupied or. to be occupied for storage of
old wood,, paper, cloth, or metal., including old automobiles,
trucks, equipment, machinery, fixtures., and appliance.s_ not usable
as originally designed; and also including any portion of such old
automobiles, trucks , equipment or machinery_ as are to may be sold
as and_ for junk_ or salvage..
1. : LOT -`•.Any parcel: of...land, not necessarily..coincident- with a
lot - or. .•lots shown .on a map., of: record, . which is._occupi,e.d. or_ which
is to be-.oc.eupled by a building and.. i.ts.. accessary buildings, if
any, . or .by a_ group. of buildings accessory -thereto., if.__any., .. together
with the required open spaces appurtenant to such buildings or
group of. buildings.. ..
LOT, CORNER A .lot.at..the junction of and- abutting on two
or ..more• -intersecting-- streets• where the-. interior. angl.e_of...inter-
section-.does not exceed . 135 , degrees.- A .lot abutting a-- curved
street- shall be deemed a corner. lot if. the. tangents to- the
curve at the points of intersection of the side lot lines with
the street Lines intersect at.. an interior . angle . of .less than
135 degrees.
-. LOT, . DEPTH - The minimum- distance from the street line of
the lot to the rear.. .lot line of. such lot.
LOT LINE - Any boundary of a lot other than a street line.
LOT LINE, REAR - The lot line generally- opposite. to the
street line;. if the rear lot Line .is less than 10 _feet in length,
or if the l.ot_ comes to a .poin.t -in the .rear, : the :rear lot- line
shall be deemed to be a line parallel to the front lot .line not
less than 10 feet long lying farthest from the front lot line.
LOT WIDTH, - The average. distance- between- side lot lines
taken--at. the-, -front yard or- set-back line and .measured .at- right
angles -to .the side lot lines :or along a parallel to .the street.
MANUFACTURING - Any-. pr.ocess..wh.e.reby, the. nature.., size., or
shape of articles or raw materials are changed, or where articles
are a-ssembled or:packaged.. .-
. .._,,. MAIN .FLOOR-. - The largest area found by the projection of ,a
horizontal plane through the: liv.abl.e_floor area. which is enclosed
by the exterior walls of the building.
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='MARINA OA BOAT BASIN - Any premises con ain ng,''ione or more
piers, wharves, docks',` moorings; ' bulkheads, buildings', � slips,
basins, or"'land"under •water= designed; � used' or . intended `to'Lbe used
primarily :for the'"'I docking''or mooring of boats.'for or without
compensation.
-MOTEL A buiiding- containing guest rooms each: of �which, or
each pair of which, has' a separate entrance" leading•directly
from the outside' of'`the 'buildirig', with parking space conveniently
located to: each' unit, ' and''which is ,designed, , used or intended to
be used primarily' for the accommodation of motor vehicle tran-
sients.
NON-CONFORMING USES '- Anon-conforming use is any us-el
whether of a building or tract of' land, or both, existing on
the eff'e'ctive date of this ordinance which.. does not- conform to
the use regulations of the District in which it is 'located.
PRINCIPAL BUILDING Aubuilding' in`-which is conducted the
ma:in•- or principal use—of the` lot` oh-`which said building:-Ls"
located.
PUBLIC WATER, PUBLIC SEWER - Communal sewage disposal
systems and 'comm,uhal water supply systems approved by the
Suffolk County Department of�'Health, and• operated by- a' munici-
p'a`lity or *public' agency:
SIGN- - Any structure or part thereof, or any device attached
to a building or painted or represented thereon', which shall
display or include any letter, word, model, banner, pennant,
insignia, device, trade flag, or representation which .is in the
nature of,'or- which is-- us'ed ''as;; 'an• announcement, "directi h.' or
a dverti'sement:; -for- cominerb al purposes or otherwise: A'� s;ign
includes a billboard' and- a neon tube, string of lights, or
similar''device `outlining- or hung upbn' :any part of a building
or lot, but does not include the flag or insignia of any
nation or group of nations, or of any governmental agency, or
of any;.
ny political; educational', ' charltable, philanthropic, civic,
professional, religious-; or like campaign, drive, movement, or
event. Excluded from this definition 'are signs which are- solely
devoted to 'prohibiting trespassing, hunting or fishing.
SIGN- AREA - Shall include all faces of a sign mea-sured . as
follows :
(a) When such' s ign i's' on' a plate` or 'raided: or--out lined,
all of the area of- such' p-l-ate or the- area enclosed. by such frame
or outline shall be included;
(b) When such sign consists only of letters, designs, or
figures engraved, painted, projected or in ,any mann,er . affixed on
a wall;- the total area "of such sign shalh be' deemed the a-rea
within which•- all'• of the matter of which such sign 'consists may
be- enscribed.
STORY - That part of any building, exclusive of cellars but
inclusive of basements, comprised- between the level of one
finished T loor 'and 'the level" of the next higher finished floor,
or if there be no-higher finished floor, then that part of the
building comprised between the level of the highest finished
floor and the top of the roof beams .
STORY, HALF -"Any space partially within the roof framing,
where the clear height of not more than 50/ of such space
between the ^top of the floor beams and' the ' structural ceiling
level 'is '7 feet 6 inches or more: "'
7-3
STREET - A street, improved- to' the, satisfaction of the
Planning Board which is one of the following : an existing Town,
County or State highway or street; a ,street shown on an approved
Subdivision Final Plat; a street shown on a map filed with the
County Clerk (in accordance with -Section 280-a of the Town Law)
prior to Planning Board authorization to review subdivisions; a
street shown on- the Town- Offic.ial--Map. -
STREET LINE. - .The - dividing- line between- a lot and a street.
STRUCTURAL ALTERATION -. Any change in the supporting members
of a building, . such as beams, columns, or girders.-
TRAILER -.-Any vehicle mounted on wheels, movable either by
its . own power. :or by being drawn by another vehicle, and equipped
to be used for living or sleeping quarters or so as to permit
Cooking. The: term "trAiler ,' shall_ include vehicles, if mounted
.on-- temporary or permanent foundations.. with the wheels removed.
TOURIST COTTAGE - A detached building having less than three
hundred fifty (350) square feet of cross section area, designed
for or
, occupied as -living and sleeping quarters for seasonal
occupany.
TOURIST CAMP - Any lot, piece or parcel of ground where
two .or .;more tents, ,tent houses -camp. .cottages, house cars or
house- -trailers used as, living or sleeping quarters are or may
.be located, said camp being operated for or without compensation.
USABLE OPEN SPACE -An unenclosed portion of the ground of
a lot-which is not.-devoted to driveways, or parking spaces,
which is free of structures of any kind, of which not more than
25/ is roofed for shelter purposes only, the minimum dimensions
of which is 40 feet, .and:-which is -available and accessible to
all occupants of the building -or, buildings on the said lot for
purposes of active or passive outdoor recreation.
q USE, ACCESSORY - -A -use customarily incidental and sub-
o.rdinate:.to the .main use on.-,a ,lo,t, :whether such "accessory"
use,!'. :b.e. conducted in- a: .principal or .accessory building.
YARD, FRONT - An unoccupied- ground area fully open to the
sky between the street line, or by the street line established
by the Official Map of the Town, or an approved Subdivision
Plat, and a line drawn parallel thereto.
YARD, REAR - An unoccupied ground..a.rea fully open to .the
sky between the rearilot -line •and a line drawn parallel thereto.
YARD, , SIDE - An ...unocc.upied -ground=area fully open to the
sky between any -property line other than a street or rear lot
line, _4nda line drawn parallel thereto between the front-and
rear yards.
II. :,By amending ..Article II to read.:as ,follows : • .. .
SECTION 200 - USE DISTRICTS - For the purpose of this
ordina•nce, .. the Town of _Southold, outside of the Incorporated
Village, is hereby -divided into districts designed as follows :
'W', RESIDENTIAL AND AGRICULTURAL DISTRICTS
"M" LIGHT MULTIPLE .RESIDENCE-DISTRICTS
"M-l" GENERAL MULTIPLE RESIDENCE DISTRICTS
i 74
"B"- LIGHT' BUSINESS 'DISTRICTS'
"B=1" GENERAL- BUSINESS=- DISTRICTS:-•
"C" LIGHT INDUSTRIAL• DISTRICTS
"C-l" GENERAL LIGHT INDUSTRIAL DISTRICTS
'SECTION 201 "-"ZONING-MAP- = The boundaries- of- the- said districts
are hereby established as shown on the Building Zone Map which
accompanies, and wh-kch; with all explah'story--'matter) thereon, is
hereby adopted and made a part of ,and incorporated into this
ordinance. Said map, indicating the latest amendments, shall
be kept, up- to date 'and •a 'copy- ,thereof -sha 1-1 be kept in the office
Of the-- Buildi-ng Inspector 16r't-he use arid- benefit of the public.
SECTION- 2`02 =-DISTRICT- BOUNDARIES' In determining _the
bou-ndaries of district-,s-shown on.,the zoning - map,- the following
rules shall apply:
1: Where district boundaries are indicated- as approximately
following the-*center -lines- of streets'; highways; -waterways_- or
railroad rights-of-way or such lines extended, such center - lines
shall be construed to be such boundaries.
2. ::..Where such boundaries- are indicated 'as approximately
following .,the property- lines of- .parks or-- other publicly- owned
lands,' such 11hes, 6he,11• b'e 'c'onstru'ed to be "such -boundaries-.
3: Unless otherwise shown, -all_dist:rict-_boundaries running
parallel to streets ,shall -be construed -to be .200 feet back from
the rights=of=way of said streets .
-4. In- all cases where a district boundary divides a lot
in one ownership- and' more than 50/ *of the area -of such lot
lies in the less restricted district, the regulations prescribed
by this ordinance for the less restricted district shall apply
to such portion of the more restricted portion o- f ,said lot which.
lies within 30 feet- of such district boundary: For purposes of
this section, the more restricted district -shall be deemed that
district subject to regulations. which: prohibit the use intended
to be made of said lot; or require higher standards with respect
to coverage; yards, screening, landscaping and similar require-
men`ts
5 . In all cases where a district boundary line is located- ,
not more than 15 : feet from a - lot line of record,- _such boundary
line shall beconstrued to coincide with such lot line.
6. In all other cases where dimensions.-:are-,not- shown on
the map,- the location of- boundaries shown on .-the map -shall be
determined by the use of the- scale appearing thereon.
7 . Unless shown on the- zoning map, all tidal lands and
lands under water -shall -be -deemed to -be within-the use district
to which they are contiguous.
SECTION 203 - EFFECT OF ESTABLISHMENT OF DISTRICTS -
Following. -the effective -date of this ordinance:
1. No building shall--be. erected, moved; altered, rebuilt
or- enlarged nor shall any land or building be used, designed Cr
arranged to- be used, for any purpose or- any- manner except in
conformity with all regulations, requirements, and restrictions
specified in this ordinance for the' district in which such
building or land is located.
2 . No yard or open space required in connection with any
building or use shall be considered as providing a required
open space for any other building on the same or any other lot.
3., , No lot shall be formed from part of a lot already
occupied: by a building unless such building, all yards and
open spaces connected therewith, and the reamining lot comply
with all requirements prescribed by this ordinance for the
district in which said lot is located. No building permit
shall be issued for the erection of- a building on any new lot
thus created- unless such building and lot comply with all
the provisions of this ordinance.
4. ; Nothing contained inthis ordinance shall require
any change in the plans , construction,. or designated use of a
building complying with the Zoning Ordinance in force prior
. to this Ordinance, if the .following is Yound to bxist:
(a) A building permit shall have been duly issued
,and., construc,tion shall have been started before the effective
date! - of. this ordinance:
(b) The ground story framework 'including the second
tier of beams) shall have been completed within six months of
the date of the building permit; . and
(c) The entire ,building , shal.l have.- been completed
in accordance with such plans as have been filed with the
Building Inspect6r within one year from the effective date of
this ordinance.
5. . Any use not permitted .by this ordinance shall be
deemed - to be prohibited.
_ .6. Notwiths.tanding the limitations.:imposed 'by -any other
provisions of this ordinance, !no building, dredging, -or filling
ope.ration shall be permitted below the -datum of .-mean :high .water of
tidal water unless such building, dredging, .orfilling: operations
have been duly authorized and are conducted in conformity with
all laws, ondina,nces, -rules. :and regulations. of -,all governmen'tal
agencies, having jurisdiction thereof.-
III. By amending Article III to read as follows :
ARTICLE III
"A" Residential and Agricultural
District
SECTION ,300 -In an "A" District, no building or premises
shall be used, and no building or part of a building shall be
erected, or altered, which is arranged, intended, or designed
to be used, in whole or in part,, " for any uses except the follow-
ing :: . -. .
A. Permitted Uses
1. u-One,-family, •a-ttached dwellings, not to exceed one
dwelling on each lot.
2 . The following commercial agri"c&-Itural .operations
and accessory uses, including irrigation, thereto, provided
that there shall be no storage= of manure, or other odor or
dust-producing .substance.. or use, ". except spraying) and-.dusting
topprotect vegetation, within 150 feet of any lot line.--,-- -
(a) The raising of field and garden crops, vine-
76
yard and orchard farming, the maintenance of nurseries, and the sea
seasonal- sale of products thereof in buildings subject to the .
following special requirements :
i. All one-story buildings for display
and retail sales of agricultural and nursery products grown
primarily on the premises .shall not exceed 1, 000 square feet
in floor area. Display -of- produce shall not be less than 10
feet from all street and lot lines . Any stand in excess of
100 square feet in floor area shall be set back 20 feet from
the street line. Any-- stand - in existence at the effective- date
of this-ordinance-must, within one year, comply with all of the
provisions hereof.
ii. All signs _shall conform to the
provisions of Section 300 C 7 (b) )
(b) Keeping, breeding and raising fowl, except
ducks , and large domestic animals on lots of ten acres or more.
(c:) Keeping of horses and ponys owned and used
by the owner of the premises for his personal use provided that
the land area devoted to such use shall not be less than 40,000
square feet.
(d) Barns, storage buildings, and other related
structures , provided such buildings shall conform to the yeard
requirements for principal -buildings.
(3) Buildings, structures-, and uses owned-or
operated by the Town of Southold.
B. Uses Permitted by Special -Exception by the Board of
Appeals as herein provided.
The following uses are permitted as a special exception
by the ,Board of Appeals as hereinafter provided and subject
to Site Plan approval by the Phmning Board in accordance with
Article XIV.hereof.
1. Two family dwellings, " conversion of .existing
buildings and new construction, not to exceed one such dwelling
on each lot.
2. Places of worship including 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 50 feet to any street line and nearer than 20 feet
toiany lot line.
(b) The total area covered by all principal
and accessory buildings shall not exceed 20% of the area of the
lot.
3 . Private schools , colleges , and other educational
institutions, subject to the -following requirements :
(a) No building shall be less than 50 feet from
any -street .or 'lot line.
. (b) ".The total area occupied by all --principal
and accessory buildings shall not exceed 20% .of the area of
the lot.
(c) Any such school shall be a non-profit
organization within the meaning of the Internal:iAeaenUe 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. Librari'es; philanthropic; eleemosynary or"religious
institutions, hospitals-, ""nursing and rest -homes , or 'sanitaria for
general medical care, but--'excluding facilities for the treatment
of all types of drug addiction; subject to the following require-
ments :
(a) No building or part thereof or any parking
or loading area, shall be located within 100 feet of any street,
or 50 feet of any lot line.
(b) The total area covered by principal and
accessory buildings shall not exceed 2-0/, of the area of the lot.
(c) The maximum height shall be 35 feet or .
2-1/2 stories.
(d) The entire lot, except areas occupied by
buildings , parking or loading areas shall be suitably landscaped
and properly maintained.
(e) Sufficient exterior illumination of the site
shall be required to provide convenience and safety. All such
,illumination shall. beishielded .from the view of all surrounding
streets' and' 'lots'.
(f) Any nursing home, hospital,„or sanitarium shall
meet the following standards All. buildings shall be - o.f fire
resistive construction; all such uses shall be served by adequate
water and sewer systems approved by the Suffolk County Department
of Health;- pat.ients•. sufferling =-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).; , 8.;.000 square feet of lot
area shall be provided for each patientbed. -
5 . Public utility rights-of-way as well as structures
and other installations necessary to..serve. areas within the Town,
subject to such conditions as the Board of Appeals may impose in
order to protect and promote the health, safety, appearance and
general welfare -of the-- community" and :the' character of the neigh-
borhood in which- the proposed structure is to be constructed.
b. Fraternity houses , ,golf courses , annual member-
ship clubs , catering exclusively to members and their guests
or other recreational. ,facilities open, to- the public and accessory
playgrounds, beaches , swimming pools , tennis courts , and
recreational- buildings, subject- to the., fol-lowing requirements :
(a) No building or part thereof or any parking or
loading area shall- be located%i-thin. 100 feet of- any street line
•nor: within 50 feet, of any lot line.-
(b) The total area covered by principal and
accessory• buildings - shall not exceed-20/ of the area of the lot.
(c) Such use. shall not be conducted for profit
as a. business enterprise.
(d) No such use shall occupy a lot with an area
of less than, three .acres . ,
(e) - The .direct ,source of all exterior lighting
shall.-,be shielded .from ,the Qiew. of surrounding residential lots
7 . Children' s recreation camps organized primarily
for seasonal use, subject ,to-the, fol,lowingi re quirements :
(a): No -building, tent, activity area ,or. recreation
facility shall be less than 200 feet from any lot line, and
shall be.,.effectively..screened therefrom;,as required b�Kethe
Planning,-.Board: -:- Bu.ildings; in,tended• for:use-.as.:sleeping ;.quarters
shall,be not less than 30 feet from each .other-,; except tents,
which shall be not less than , l0 feet apart.
(b) The minimum lot area shall be not less than
10, 000 square feet for each cottage, tent or other principal
building, - and not less than. 3 , 000 square feet of land area shall
be provided for each person accomodated in the buildings or tents
on the premises .
(c) .' All outdoor lighting shall be arranged and/or
shielded 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
residen.tiaL neighborhood.
8. Labor camps, including farm and non-farm, subject
to the! following requirements.
(a) All farm. labot camps on farms shall be
constructed in conformance with applicable ..laws and: shall-.not
be located nearer to any other residence than itis located to
the residence of the employer except by specific review and
approval of the. Board of-Appeals..
9. Boat docking facilities for the docking, mooring,
or accomodation of non-commercial boats , subject-to the following
requirement :
(a) ' There.' shall be docking, or mooring facilities
for no more thari. two boats than those . owned and used by the owner
of the premises for his personal use.
10. Veterinarian offices. and animal hospitals subject
to- the following' requ.irement:
(a) The housing of all animals shall.- be in a fully
enclosed structure if nearer than 100 .feet- to any' lot line.
11. Cemeteries . .
12. Stables and- riding academies.
.13. Funera-1 homes and undertaking establishments.
. 14. Yard sales, attic sales, garage sales , auction
sales., or similar sales .of 'personal property, provided that not
more than one such sale shall be conducted- on. any. lot in , any
one calendar year.
C. Accessory' uses-,. limited to the- -following:
1. Home occupations -shall be understood to include
the professional office or studio of a doctor, dentist, teacher,
artist, architect, engineer, musician, lawyer, magistrate or
practitioner of a similar- character or rooms used for home
occupations including home baking, dressmaking, millinery-,or
79
similar handicrafts, PROVIDED that. the office,, studio or
occupational rooms are located in a dwelling in which the
prac.tit.ioner resides and in a..building . accessory thereto, and
PROVIDED further, . no. goods are .publicly displayed on the premises
and. no- sign or advertisement is shown .other than ,a' sign not.
larger than two (2) square feet in total area,, bearing only the
name and occupation (words only) of the practitioner, ' provided
that -.
(a) No display of good s are visable from the
street.
(b) Such occupation is incidental to the
residential use of the premi_s.es. and is. carried on in the main
building by a resident therein with; not more tha.n..one non=•
resident:,ass isiant.
r-
(c) Such occupation is carried on in an area
not exceeding 30% of the area of one floor of the main building.
(d.) There- shall be.. no exterior effect at ,the
property line such as. noise, traffic, odor, dust, smoke gas ,
fumes:, or. .radiation.. ..
(e) That such office or studio is incidental
-to the residential .use..,.of, the premises and is carried onlby
the resident and:.n.o.t more. than one non-resident ass_itant; and
(f) That such office or studio shall occupy
not ,more.. than- ;:30% ,.of the area. of one ,floor .of the main- building.
(g) That studios where dancing or music instruction
is offered to groups, .-in exces-s .of five (5) pupils at one time
.-.or where concerts _pr. _rec.i.ta.ls are. -held, are prohibited.
3. Garden .hpus-�e&, .tool house„ playhouse, wading pool,
or swimming pool 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 2 inch mesh .not .less than .4. feet -in -height
erected, maintained and prpvided with a .self-closing, , se.lf-
locking:,, ,gate . to .,prevent, unauthorized, use ,of .,the pool and to
prevent accidents . . However, if _said ,pool is -located more than
four. feet above the ground, then a fence is not required,
providedgthat all points of acc.ess ,to._said pool .are adequately
protected by a self-closing, self-locking gate.. _. Any swimming
pool in e:k±stence at the effective date of the provisions of this
parag.r:aph shall within . one -.year. from .-such ..date, cmmply with all
of .the provisions ;hereof.,...,_._.
4. -Pni,vate garages,, ..,provided,_ however,. that-.-not more
than two passenger automobile spaces in such garages may be
;leased to. .per.sons: not...resident to--the premises .
-5. The storage of either a boat or trailer owned and
:used.-.by ;the owner -.or .occupant ..of .the .premises on which stored
for his personal use, subject to the . following requirements :
(a) Such boat or. trailer shall not exceed 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
40% of the area of the required rear yard.
SO
(c) Such boat or trailer shall not be located
-within 15 feet of. any street or "lot line. :
6. Horses and domestic animals other- than dogs, shall
not be 'pen.ned 'or' 'housed- within 5'0'" feet--or. a-ny lot line. Housing
for flocks or more of ' 25 Howl shall not be constructed within
50 feet` .of, any line.
7 . The following signs , subject to the supplementary
sign regulations hereinafter set forth.
(a) One indirectly illuminated nameplate or
professional sign not more than two (2) square feet in area.
(b) Not more..'than three signs with a combined
total area of not more than seventy-two "(72) square feet no
one of which shall be larger than 4 feet 'by,. 6 feet in- size,
advertising only the sale of farm, garden- or nursery products
produced or grown on the premises or of animals raised on the
premises ;
(c) One real estate sign, either single or
double faced, not larger than three (3) 'feet by four (4) feet
in size on anyone or more lots , 'advertising the sale or-- lease
of only the premises on which it is maintained and' setback not
less. than 10 ,feet from any lot line.
(d) One"" sign, either sirigl'e 'or' double faced,
not ex
ceeding twenty-four (24) square feet in size, setback
at least thirty-.five (35) feet from the street line and ten
(10) _feet' from either 's-id-e"--lind,-* advertising the sale or lease
of acreage or the sale of lots n 'a subdivision having a-
continuous frontage of $00 feet '.or more.
(6) One bulletin board or 'other -announcement
or identification sign for 'uses" permitted in Section 300 B. 2 , 3 , 6,
4, 6,.7, and 10 hereof, not more than 32 square feet in area,
located not less than ' 5 feet from any street or lot line.
(f') Such other' signs as may be' authorized as
a special exception by the Board of Appeals as hereinafter
provided.
SECTION 301 - LOT AREA, YARDS, OPEN SPACES, FLOOR 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 Agricultural District
unless the same conforms with the "Bulk and Parking Regulation
Schedule` in into this oedinance by reference, with
the "same force and effect as if' such regulations were set
forth herein in full. -
SECTION 302 - ACCESSORY "BUILDING: In the -"A" Residential
and Agricultural District, accessory--,buildings and structures,
or other accessory uses may be located in. .the required rear
yard, subject to the followings requirements:
1. Such -buildings shall not' exceed eighteen' (18)
feet in .height.
2 . Such buildings shall be set back not less -than
three ' (3) feet from an-y- lot line.
3 . All such buildings in' the aggregate shall occupy
not more than fofty (40) percent of the area of the required
rear yard.
' S1
SECTION 303- - ESTABLISHED. FRONT YARD SET-BACK - Where
property in the vicinity is improved with permanent dwellings
with a front yard area of more or less than that required by
the provisions of this ordinance, the front ,yard set-back shall
be the average setback of the existing' dwel-lings within 300 feet
,of the :proposed dwelling,. on the same side of the street, within
the same block, and the same use district.
SECTION 304 - CORNER LOTS. - On a corner lot, front yards
are required on both street. -frontages, ,and one. yard other. than
the front yards shall be deemed to be a rear yard and the other
or others,, side yards . No obstruction to vision exceeding 30
.inches ;in..height above curb level shall. be ,erected or maintained
at street intersections within the triangle formed by the
street lines of such lot. and. a- line drawn between points along
such street lines...30 feet -distant from their point of inter-
section•.
SECTION, 305 - FENCES , WALLS & HEDGES - Subject to the
provisions of Section 304, fences, walls, hedges, or other
live plantings within 5 feet to property line may be erected
and maintained subject to the following height limitations :
(a) When located in the front yard, along front yard
property line, the same shall not exceed three (3) feet in
height.
(b) When located along side and rear lot lines the same
shall not exceed 6-1/2 feet in height.
(c) When located other than in the front yard area or
along side or rear lot lines, -the same . shall not .exceed eight
(8) feet in height.
(d) Fences, . walls or other permanent structures shall
not be closer than . 6 inches to property line. Hedges .and
plantings shall not be.. closer than two (2) feet to property
line.
IV. By renumbering Article III. B to be Article IV and
amendding the same to read as follows :
ARTICLE IV
"M" LIGHT MULTIPLE RESIDENCE DISTRICT
SECTION 400 - In an "M" 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 follow-
ing .
A. Permitted Uses
1. Any permitted use- set forth in and as regulated
by Section 300A . of this ordinance.
2. Multiple dwellings designed for and occupied by
not more than four (4) 'families .
3 . .. Boarding. and_ tourist.. houses.
B. Uses permitted by Special Exception by the Board of
Appeals, as hereinafter provided.-
The- following uses are permitted as. a Special Exception
by the Board of Appeals has hereinafter provided and subjec t to
Site Plan approval by the Planning Board in accordance with
Article XIV hereof. - -
82
.1, 4ny Special Exception use set forth in- arid- as regulated
by Section 300 B of this ordinance. - -
C.' ' Acce'ss-ory Uses
I. Any accessory use set -forth in and as regulated
by Section 300 C' of this ordinance.
2. Accessory uses on the-,same lot with and customarily
incidental to any- permitted- use -and not -involving- a- -s-eparate
business.
" 3 'Signs; `subje-ct to the -following regu-irement's :
(a) One advertising- sign, eir_4her--sing-le- -or
double' faced, -not more than fifty (50) -dquare feet in area, the
lower edge of which shall not be less than four (4) feet -above
the ground, exclusive of pillars and posts, and the upper edge
-of which shall not project 'more than 15 feet 6' inches above the
ground: -
- (b) Such sign shall advertise only the business
conducted on the premises upon which it is located.
(c) Such sign shall be set-back -not less - than
five (5) feet from all street and lot lines.
(d)' Such sign shall comply with all of the
supplementary sign regulations hereinafter set forth.
SECTION 401 - LOT AREA, YARDS, -OPEN SPACES, FLOOR AREA,
AND PARKING REQUIREMENT: 'No building or premises shall be
used, and no building or part thereof shall be erected or
altered in the "M" Light Multiple Residence District unless
the same conforms with the "Bulk and Parking Regulation
Schedule"'incorporated into this ordinance by -reference; with
the same force and effedt' as if such regulations 'were set
forth herein in full.
V. By renumbering Article III A to be Article -V qnd amending
the same to read as follows-:
ARTICLE V
"M=1" GENERAL MULTIPLE RESIDENCE DISTRICT
SECTION, 500 - In an "M-l" District, no building or pre-
mises" shall be used, and no building or part of a' building
shall be erected, - or altered, -which-is arranged, intended or
designed to be used, in whole' or in part, for any-use except
the following: -
A. Permitted Uses
l.' Any permitted use set forth in and as regulated
by Section 300 A and Section 400 A of this ordinance. -
B. ' 'Uses Permitted bsr Special Exception by the Board of
Appeals as hereinafter provided. -
The following' uses are permitted as a Special Exception
by the Board of Appeals as hereinafter provided and subjec to to
Site Plan--approval by the -Planning Board in accordance with
Article XIV hereof. _
1. Any special exception set forth in and as
regulated by Section 300 B of, this. ordinance.
2. Marinas for , the docking, mooring, or . accomoda-
tion of non_commercial boats .
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3. Multiple- dwellings
4. Hotels and Motels
5 . Tourist Camps .
C. Accessory Uees
1. Any accessory use set forth in and as
regulated by Section 300 C and 400 C. of this. ordinance...
2. Accessory uses on the same lot with and
customarily incidental to any permitted use- and not involving
a separate business.
SECTION 501 - LOT AREA, YARDS, OPEN SPACES, FLOOR AREA,
AND PARKING REQUIREMENT: No building or premises shall be
used, and no building or part thereof shall be erected or
altered in the "M-1"..General Multiple, Residence District unless
the same conforms with the "Bulk and Parking Regulation, Schedule"
incorporated into this ordinance by reference with the same
force and effect as if such regulations were set forth herein
in full.
SECTION 502 - BUILDING LENGTH & SEPARATION - No building
shall .exceed 125 feet in length. The minimum, distance be��tween
principal buildings shall- be equal to 2 times the height of the
highest. building, and the-minimum distance between a principal
and an accessory .building.,sha11; be. 20 feet. Any,-.inner. court
shall have.,a min.imum. dimension of 60 feet and any,-outer court
shall have a minimum.. dimension. of 20 .feet and its depth shall
not. exceed its wi dth-
VI. By renumbering Article IV B to be Article VI and amending
the same to read as, follows : .
ARTICLE VI
"B" LIGHT BUSINESS DISTRICT
SECTION_600 , In• a,: "B" District, .no- b_ uilding 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 follow-
ing :
A. PERMItted Uses
1. Any permitted use set forth in and as regulated
by Section 300A, Section 400 A, - and Section 500 A of this
ordinance.
_ 2.., Business, professional and .governmental offices.
3. Banks and financial institutions. ,
4. Retail stores
5. Restaurants
.. ..6.. _ Bake . Shops. (for..on-premises sale at retail)
7. . Laundromats and similar establishments.. .
8.. Personal service stores and shops
9. Marinas for the docking, mooring, and accomodation
of non-commercial boats including the sale offuel and oil
primarily for the use of boats accomodated in such marina
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B. Uses Permitted By Special Exception by The Board of
Appeals As Hereinafter Provided
The following uses are permitted as a Special
Exception by the Board of Appeals as hereinafter provided,
subject to Site Plan Approval by the Planning Board in
accordance with Article XIV hereof..
1. Any special exception use set forth in and as
regula-ted by Section 300 'B and Section '400 B and Section 500 B
of this ordinance.
C. Accessory Uses
1. Any accessory use set forth in and as regulated
by Section 300 C, Section- 400 ,C, and Section 500C of this
ordinance.
2. ' Accessory uses on the same lot with and
customarily incidental to any permitted use 'and not involving
a separate business.
3 . Signs, subject to the following requirements :
(a) DETACHED OR GROUND SIGNS - One (1) Sign,
single or double faced, not more than six (6) feet six (6)
inches in height, and twelve (12) fee_ t six (6) inches in width,
the lower edge of which shall be not less . than- four' (4) feet
above the ground-and the upper edge of "which shall not exrtend
more than fifteen '(15) feet six (6)- inches above the ground,
which sign shall be set back"- not less than five ' (5) feet from
all street and property lines and shall advertise only the
business conducted on the premises.
(b) WALL SIGNS P One (1) sign attached to
or incorporated in each building wall on a public street and
advertising only the business conducted in such building,
provided such sign does not:
i. Exceed two (2) square feet in total
area 'for each horizontal foot ofsuch wall, and
ii. Exceed in width one hundred (100)
percent of the horizontal ,measurement- of-such wall,
iii. Exceed ten (10) feet in height, and
iv. Project more than one (1) foot from
such wall.
(c) ROOF SIGNS - In lieu of a wall sign
authorized by the preceding subdivision (b) , a roof sign
shall be permitted provided the same is " attached to or
incorporated in a roof, which sign shall advertise only the
business conducted' in the building upon which it is attached,
and provided that such sign does not:
i. Exceed two (2) square feet in total
area for each lineal foot of such roof, and
ii. ' Extend above the highest p6&int of
the roof in the case of a pitched roof, and in all other
cases exceed two (2) feet six (6) inches in height above the
highest point of the roof, and
iii. Project beyond the edge of the roof.
85
SECTION 601 - LOT AREA, YARDS, OPEN SPACES, FLOOR AREA,
AND PARKING REQUIREMENTS: No building or- premises shall be
used., and no building or part thereof shall be erected or
altered in the "B" Light Business District unless the same
conforms with the "Bulk and Parking Regulation Schedule"
incorporated into this ordinance by reference, with the same
force and effect as if such regulations were set forth herein
in -full.
SECTION 602 - RETAIL SHOPPING CENTERS - Notwithstanding
any other provisions of this article a building - or a combination
of buildings containing retail stores, mercantile establishments,
offices , banks, and financial institutions, commonly known as
shopping centers, may be erected or altered in' the "B" Business
District, subject, however, to the following re quirements :
1. Approval of Site Development Plans by the Planning
Board in accordance with Article XIV hereof.
2 . The lot area shall be. not less than one (1) area,
and the lot width shall be not less than 150 feet.
3. At . least twenty-five (25.) percent of the lot area
shall be landscaped with grass and plantings.
4. - The required front yards shall be not less. than
thirty-five (35) feet except that. where the property in the
vicinity is partly built up with permanent buildings and an
average set-back line has been established, no .buildings shall
project beyond the line . of the average setback so established.
5. . The .required side yards shall be not less than
twenty-five (25) feet.
6. The required .rear yard shall be not less than
twenty-five- (25) feet.
7 . . .Parking shall be provided in offstreet paved
parking areas which. shall provide for one (1) parking space, '
three hundred thirty-four (334) square feet in .area, for .
each one hundred (100) square feet of sales floor area or
office floor area in each building.
8. All rainfall and storm water accumulated on
the premises shall be returned to the ground within the
. boundaries of the .premises.
. 9. The total .f loor area for each retail or service
establishment located therein shall not exceed 10, 000 square
feet.
SECTION 603- USES CONFINED TO BUILDINGS - All uses permitted
in a "B" District including the display and sale of merchandise
and the storage .of all property shall be confined . to fully en-
closed buildings on the premises.
VII. . By .renumbering Article IV A to be Article VII and amending
the same to read as follows :
ARTICLE WI
"B-1" GENERAL BUSINESS DISTRICT
SECTION. 700 - In the "B-1" District, no building or premises
shall be used, and no building. or .part thereof shall be erected
or altered, which is arranged, in tended, or designed to be used,
in whole or in part, . for any uses except the .following:
86
A. Permitted Uses
1. Any, permitted use set forth in and as regulated
by Section 30Q B, Section 400 B, Section 500 B, Section 600 B
and .Section 602 of.. this ordinance.
B. Uses Permitted by Special Exception by the Board of
Appeals As Hereinafter Pnomidedd.
The following uses are permitted as a Specia'l Exception
-by the Board of Appeals a's hereinafter provided sizbject to
Site Plan Approval . by the 'Planning Board in accordance with
"Article XIV hereof.
1. Any special exception use set forth in and as regu-
lated by Section 300 B and Section 500 B.
2 . Places of amusement
3. Fishing Stations
4. Public garages, gasoline service stations, and new
and used car .lots, all subject to the following requirements :
(a) . Entrance ane exit driveways shall have an un-
restricted width of not less than 12 feet and not more than
30 feet, and shall be located not less than 10 feet . from any
property line and shall -be so laid out. as to avoid the -necessity
of any vehicle backing out across any public right-of-way.
. . (b) Vehicle lifts or pits, dismantled automobiles,
and all parts or supplies shall be located .,within .a building.
(c) .All service or repair of motor vehicles other
than such minor servicing as change of tires or sale of
gasoline or oil, shall be conducted in a building.
(d). The storage of gasoline or flammable oils
in bulk shall be located fully" underground and not less than
35 feet from any property line-' other than the street- 1"ine.
(e) No gasoline or fuel pumps or tanks shall be
located less than 15 feet from any. street or property line.
(f) No motor vehicle sales, used car lots, gasoline
service or repair shops , or similar business are to be located
within 300 feet of a church, public school, library, hospital,
orphanage, or a rest home, or within 300 feet of any residence
district.
C. Accessory Uses
1. Any accessory use set forth in and as regulated
by Section 300 C, Section 400 C, - Section 500 C,. and Section
600 C of this ordinance.
2 . Accessory uses on the same " lot with and
customarily incidental to any permitted use and not involving
a separate business.
SECTION 701 - _LOT AREA, YARDS, . OPEN .SPACES, FLOOR AREA,
AND PARKING REQUIREMENT: No building or premises shall be
used, and .no building or part thereof shall be erected or
altered in the "B-1" General Business' District unless ..the
same conforms with the "Bulk and Parking Regulation Schedule"
incorporated into %this' ordinance by reference, wmidh the same
force and effect as if such regulations were set forth herein
in full.
r E7�
VIII. By renumbering Article 'IV to be 'Article VIII and amending
the same to read as follows :
ARTICLE VIII
"C" LIGHT INDUSTRIAL DISTRICT
SECTION 800 - In 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 purpose, except the
following:
A. Permitted Uses -
1. Any permitted -use set forth in and as regulated
by Section 300 A, Section 400A, Section 500 A, Section 600 A,
Section 602 , and Section 700A of this ordinance.
B. Uses Permitted, -by Special Exception by the Board of
Appeals as hereinafter provided, subject to Site Plan Approval
by the Planning Board in accordance-with Article XIV hereof.
1. Industrial uses including manufacturing, assembling,
converting, altering, finishing, cleaning, or other processing,
handling, or storage of products or materials, involving the
use of only oil, gas or electricity for fuel. -
2-. Research,, design, and development laboratories; office
buildings. ...
3. Wholesale storage `and wsHehous'ing:
4. Building contractot's yards.
5 . Public utility structures and uses .
6. Newspapers and printing establishments.
7 . Bus and truck terminals (garages, parking facilities,
loading docks, etc. )
8. Food processing and packaging plants.
9. Marinas for docking and mooring all types of boats.
10. Launching facilities.
11. Ferry terminals.
12 . Yacht clubs, charter fishing docks.
13 . Eating and drinking establishments.
14. Retail sales of boats and marine items.
15. Boat building,, boat servicing, boat storage facilities.
16. Yards for sale and storage of fuel and building materials.
C. Special Exception Uses
1. Any special exception use set forth in and as
regulated by Section 300 B, Section 400 B, Section 500 B, Section
600 B, and Section 700 B of this ordinance.
� S8
2/: . Accessory, uses,.on the same., lot with,.,and customarily
incidental to any permitted use .and_ not,, involving„a: separate
business.
SECTION 801 - LOT AREA, YARDS, OPEN SPACES FLOOR AREA, AND
PARKING REQUIREMENT: . ,No_.building or ,premises shall be used,
and no building or part thereof shall be erected or altered in
the "C". Light Industrial District unless the same conforms
with the ,. Bulk.-and Parking Regulation Schedule" incorporated
into-this ordinance by, .reference., ,,with the same force. and
effect-as-if such,,regulations ,were .set: forth herein . in full.
IX. By renumbering Article V to be Article IX and amending
the same to read as follows :
ARTICLE IX .
"C-1" GENERAL ,INDUSTRIAL DISTRICT
SECTION 900 - In the. "C-1" ,District, ..buildings..,and premises
may be used for ,any.,lawful,.purpose except .that the .uses..herein-
after .set forth._are permitted. only. .by Sppdial Exception by the
Board of Appeals as hereinafter provided, and are subject to
site„plan. approval by ,the Planning Board- in accordance, with
Article XIV hereof.
1. Abattoirs. :
2 . Acetylene,,gas..,manufacture or .gas,_ manufacture from
coke, petroleum or from any other product or the .storage..thereof.
3. Acid manufacture
4. Ammonia,_ bleaching. powder or .chl.orine. manufacture
5. Arsenal
6:. .As.phal.t manu.facture,..and-,asphalt,mixing plants
7. Blast furnace:
8. Cement, lime, gypsum or plaster of paris
manufacture ready mix or bulk .concrete plants and block
manufacturing.
9. Coke ovens
10. Crematories
11. distillation of bones. `
12. Dwellings, all types.
13 . Explosives, manufacture or storage.
14. Fat rendering.
15 . Fertilizer manufacture.
16. Fire works manufacture.
17. Garbage, offal or dead animals, reduction or
.dumping.. . - =
18. Glue,, . size or:. gelatin�,,.manufac.ture
19. Gunpowder manufacture or storage.
89
19A. Automobile wrecking and all other junk yards.
20: ' Oilcloth or linoleum manufacturing.
21. Oiled, rubber, or leather manufacture.
22. Ore reduction.
23 . Paint, oil, shellac, turpentine or varnish manufacture.
24. Paper and pulp manufacture.
25. Petroleum refining, storage tanks. '
26. Potash works.
27. Rolling mill:
28. Rubber 'ar gutta=percha manufacture.
29. Salt works.
30. Sauerkraut manufacture.
31 Shoe blacking 'or stove polish manufacture.
32. Smelting.
333 Soap manufacture.
34. Stockyards. or slaughter houses.
35. Stone mill or. quarry..
36. Structural Steel or pipe works.
37 . Sulphuric, nitric, or hydrochloric acid manufacture.
38. Sugar refining.
39. Tar distillation or manufacture.
40. Tar roofing or waterproofing manufacture.
41. Tallow, grease, or_ lard manufacture.
42 . Tanning, curing, or storage of rawhides or skins.
43 . Tobacco (chewing) manufacture or treatment.
44. Vinegar manufacture. .
45,. Yeast ,plant.
46. Airports and Airfields.
SECTION 901 - SPECIAL EXCEPTION USES & SITE PLAN APPROVAL -
Notwithstanding, any of: the provisions- of this Article IX, where
a use is permitted in any use district only as a special exception
by the Board of Appeals, such use is not permitted in a 11C-1"
District except as a special exception by the Board of Appeals,
and where a use in any use district is subject to, site plan
approval of the Planning Board, such use in a "C-1" District
shall require site plan approval of the Planning Board.
SECTION 902 - SIGNS - Signs specified in and as regulated.
by Section 600 C of this ordinance are permitted in a "C-l"
District.
9®
SECTION 903 - LOT, AREA, YARDS, OPEN SPACES, FLOOR AREA,
AND PARKING REQUIREMENT: No building or premises shall be
used; and no building or part thereof shall be erected or
altered in the "C-J" General INdustrial District unless the
same conforms with the "Bulk and Parking Regulation .Schedule"
incorporated into this ordinance by reference, with the same
force and..effect as if such regulations were set forth herein
in full. _
r -
X. By renumbering Article VI to be Article X and by renumbering
and amending the sections of said article. to read as- follows :
1. Section 600 renumbered Section 1000
2. Section 601 renumbered Section 1001
3 . Section 604 renumbered Section 1002 and the words
"Article VI" in said Section. to be amended to read "This Article. "
XI. By adding a New. Article to be Article XI and amending the
same to read as follows :
ARTICLE XI
SUPPLEMENTARY PROVISIONS
SECTION 1100 - SIGNS - The provisions of this. Section shall
apply in all districts.
1. No sign, billboard, advertising display or structure,
poster or devise shall be erected, moved, enlarged or recon-
structed except as expressly permitted in this ordinance.
2 . The following types of signs or artificial lighting
are prohibited:
(a) Billboards
(b) Flashing signs, including any sign or device
on which the artificial light is not maintained stationary,
and. constant in intensity and color, at all times when in use.
(d) The outlining by direct illumination of all or
any part of a building such as a gable, roof, side wall or corner.
(c) Signs which coin- ete for attention with,. or may
b.e mistaken for a. traffic signal.
(e) Signs made out.. of cardboard, paper, canvas or
similar impermanent material.
SECTION 1101 - OFF-STREET PARKING REQUIREMENTS - Off-
street parking spaces open or enclosed, are permitted accessory
to any use subject to the following -provisions :
1. Schedule of Parking Requ,ireinents :. Accessory off-
street parking spaces., open or enclosed, shall be provided in
all use Districts for any use specified below. Any land which
is developed as a unit under single ownership and control shall
be considered a single lot for the purpose of thesee parking
regulations. Reasonable and appropriate off-street parking,
requirements for structures and uses which do not .fall within
the categories listed below shall be determined by the- Planning
Board upon consideration of all factors entering into the parking
needs of each. use.
Forte" - .- At: Least- Onet, Parking Space for Each
P•laces:. of worship, 200 square feet of floor area ,
libraries, and other but_ not . less than. one space. for
public buildings . each five seats where provided.
Golf courses 'and other 2 .members. or accomodations.:
country clubs (such as: lockers.) whdeehever is greater.
Secondary Schools. Two -spaces. per classroom, p.l.us..
one space for ea-ch. 5 seats- .in any
auditorium or place of assembly.
Elementary Schools Two spaces per classroom plus
one space for each five seats in
any auditorium or other place of
assembly.
Hospitals, sanitaria,- 1 bed .
nursing homes, philan-
thropic, or eleemosynary
institutions.
Rooming Houses Guest room.
Eating and Drinking- 5 seats
places
Undertakers and Employee; plus 25 spaces for
Funeral Homes each. chap-el..:
Hotels and, Mo.tels . Guest room plus one- for each
- emp-loyee
Bowling _alleys _ .5 .per alley..
Home occupation- or 3 spaces per- each home occupation
accessory professional. or -accessory _professional .office.
office except physicians
and dentists. : . .. :.. .1
-Professional offices of 5. s.paces per each physician or dentist.
physicians 'and .dentists -
2. Areas Computed .as Parking .Spaces.. Areas which •.may be
-computed as- open ar enclosed- aff-street parking spaces include
any private g.arage, .carport; or other area available for: park-
ing, other than a street or driveway. However, ,a .driveway
within a required front yard for a one-family or two-family
residence -may count as -one parking .space, other than on a
corner lot.
3:. �Si.ze of Spaces. Three hundred acid fifty square feet
shall -be -considered one parking space (to provide room for
standing. area 'and aisles. for maneuvering. ) Entrahce .and exit
lanes shall not be computed as parking space except for drive-
waysfor one-family and, two-family .residences. The minimum
-parking stall width shall be .ten- feet, .;and,.the: minimum. length
shall be !2.0- feet.
4. . Access... Unobstructed access .to-:_and. from.�a street
sha:ll bey provided.. , Such access shall -consist -of at least one
10-foot .lane for parking areas with. less than 20 spaces, and
at le'ast -two-10-foot lanes .far. parking', areas with .20 spaces or
more. , ,No entrance or exit -for. -any .off--street parking area
shall be located within 50 feet of: any. ..street...in.ter.se.c.t.ion.
5. 'Drainage and Surfacing. All open parking areas shall
be properly drained within the premises and all such areas
shall be provided with a dustless surface, except for. .parking
spaces accessory. to.-:a one-family or two=family residence.
6. Joint Facilities. Required parking spaces, open
or enclosed,_ ma.y.. be_ provided :in spaces:. ,des.igned .to . serve..
jointly two or more establishments whether or not located
on the same lot, provided that the number or required
spaces .in_ .such j.oint__.fa.cilities shall be- not , *less. than. -the
total. required .for. all.:such establishments.
7. Combined Spaces. When any lot contains two or
more- uses. having- different parking requirements.,. ,the .. .:.;
parki- .g. requirements .for _each. use shall apply 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 parking spaces required for that use with the least
requirement.
8. Location and Ownership. Required accessory parking
spaces, open or enclo'sed, .shall be provided upon . the same lot
as the use to which they are accessory or elsewhere, provided
all spaces therein are located within 20D feet .,walking :distance
of such lot. In all cases such parking spaces sliall conform to
all the regulations of the district in which the parking spaces
ar.e .loca.ted; -and -in no event shall such parking spaces; be
located in any Residence District unless the use to which the
spaces are acdessory are permitted in such residence districts
or upon approval by the Board- of Appeals . Such ,spaces shall
be in the same ownership- as the use to which they are accessory
and shall be subject to deed restriction, approved by the
Board, binding the.. owner and .his heirs and .assigns to-maintain
the required- number of spaces available either (a) throughout.
the existence of such use .to which they are- accessory, or (b)
until- such spaces are provided elsewhere.
9 9. On Lots Divided by District Boundaries.' When a
parking lot is located partly in one district and partly in
another. district, the regulations .for. _thet .district .requiring
the greater number of parking spaces. s.hall .apply to a1.1,:of the
lot. Parking spaces on such a lot may be located without
,regard• to-.distr.ict. lines, .pro.vided .that no such parking spaces
sha-1:1- -be located in any Residence -District.,: .unless. the use to
which.-they are a-ccess.ory is. permitted ;in such district.,- or
upon approval of the Board --of -Appeals.
10. -Parking Regulations in Multiple Dwelling or
Attached Dwelling Developments. Wherever space is provided
for the parking of 5 or more vehicles in the open, such spaces
shall be individually identified .by means of pavement markings.
No .parking space shall be located in any front yard or. within
10 -feet of any :lot-.:line .in :side: or, rear yards,. • The parking
of motor vehicles is prohibited within 15 feet of any wall or
.portion .thereofi.of- .a :two nor :more.. family dwelling, which .wall
.-contains windows = (other than bathroom ,or :kitchen windows)
with a sill height of less than 8 feet above the level of the
said parking space. No service of any kind shall be permitted
to be .extended•to users of the lot, . including automobile service,
repair or fueling,. and no .gasoline, .oil, , grease or other supplies
shall be stored or sold in :any.�such lot or in ,any .:garage, on .such
lot. , 'Parking. areas shall be screened by -a substantial .-wall,
fence, or : thick ..hedge, .approved. 'by. th.e :Planning Board,. Generally
such screening - shall -not be .less than '3 or more than 8 feet in
height.
�93
11. Regulations for Parking Spaces Adjacent to Lots ih _
Ariy Residence District.
(a) '.Wherever a parking, area of over 5 spaces abuts or
is within 15 feet of the side or rear lot line of a lot in any
Residence District, the said parking lot shall be screened
from such :adjoining lot by a" substantial wall; fence, or thick
hedge, approved by the Planning Board. Generally such screen
shtl be not less than 3 or more than 8 feet in height.
(b) 'When e-ver a parking area of over 5 spaces is located
across the street from other land in any Residence District,
it shall be screened from the view of such land by a thick
hedge, wall or fence approved by the PLanning Board, located
along a line 'drawn parallel to the street and a distance of
20 feet therefrom; 'such screening to be interrupted only at
po. nts of ingress' and egress . denerally -no such' screening
shallbe 'les's than '3 feet or, more than_ 6 feet in height: The
open area between such screening and the street shall be
landscaped in harmony with the landscaping prevailing on
neighboring properties fronting on the same street. Two
identification and directional signs located on the street
side of such screening shall be permitted; however, they
shall not exceed an area 'of 3 square "feet each.
12 . Driveways. No 'driveway shall provide access to a
lot located ' in another district, which lot is used for any
use prohibited in' the district' in' which such driveway is
located.
13. Commercial Vehicles .
(a) 'One -commerciaY vehicle 'not' exceeding 25 -feet
in length may be parked on an occupied lot' in -any Residence
District, but not within the required yards of such lot and in
no case between the street line -or side lines and the principal
building.
(b) 'One commercial vehicle not exceeding 25 feet in
length may be parked within a 'private garage in any 'Residence
District.
(c) Commercial farm vehicles are permitted as
accessory to a commercial farm use in any Residence District.
SECTION 1102 - OFF-STREET LOADING REQUIREMENTS - Off-street
loading berths , open or enclosed, . are permitted 'accessory to
any use (except one- or two-family residences) subject -to the
following provisions :
1. Uses for Which Required. Accessory off-street, loading
berths shall be provided for any use specified below. Any land
which is developed as a unit under single ownership and control
shall be' considered a single lot for the purpose of such loading `
requirements .
; (a) For a public library, museum, or similar quasi-
public institution, or 'governmental building, community center,
hospital or sanitarium, nursing or convalescent home, institution
for children or the aged, or -school, with floor area of 10, 000
square feet, 1 berth; for. each additional 25, 000 square feet or
fraction thereof, a additional berth.
(b), For buildings with professional, governmental,
or business offices., -or laboratory establishments, with floor
area 'of 10, 000 'to .25', 000 square. feet, 1 berth; for each additional
25 , 000 square feet or fraction thereof up to 100, 000 square feet,
1 additional berth; for each additiona1 "50, 000 square feet or
fraction thereof, 1 additional -berth.
(c) For buildings with offices .and` retail sales
and service establishments, 1 berth for 8, 000 to 25 , OOO square
feet, of floor,.area,. ,and .1 addiitional. berth for each additional
25, 000 square feet of floor area or fraction thereof so used.
(d). For undertakers and ,funeral. homes, l berth for
each .chap.el. (Such berths shall be at .least 10. feet wide and
20 feet long.. )
(e.) For hotels., l.. berth for. each. 2 , 500. ,square feet'
of floor area. .
:,(f) . For. manufactur.ing,,_ .wholesa.le and storage uses,
and .for dry-cleaning and. rug. c.leaning_ establishments and
laundries , . 1 `berth for 5, 000 to.,10, 000 square feet, of floor
area .in such, use,, and l additional berth for. each additional
20, 000 ,square feet of floor .area or. fraction .thereo.f, soused.
In addit&on,,,.-adequate 'reservoir: .parkingfor waifmg. trucks
shall be provided.
2.. Size of Spaces. .Each, required loading berth shall
be, at leas-t,,.12 feet wide, . 14 fe.et high,, , and in .no event .smaller
than required to accomodate :.vehicles. normally,. -using such berths.
3. Location and Access. Unobstructed access, at least
10 .feet wide, to and from a street _shall.,be provided. . Such
aocess, may -be combined with access to .a parking lot. All
permitted or required loading berths shall be on the ;same lot
as the use to which they are accessory, except as provided
in subdivision 4. No entrance ,or exit for .any off-street
loading area shall be located within 50 feet of any street
i,ntersecti.on_ No off-.street loading .berth shall be located
in any required front yard.
4. . Joint Facilities. Permitted or required loading berths,
open or enclosed, may be provided in spaces designed .to serve
jointly 2 or more adjacent establishments provided that the
number of required berths in such . joint .faci.lities shall not
-be 1ess..than the .total required ,for all §uch facilities;.
5 . On Lots Divided by District Boundaries. When a lot
is. located. partly in one. district, and, par-tly_ in another district,
the regulations for the district requiring the greater number
of loading berths shall apply to all of the lot. Loading berths
on such a,.lot ,may,- not.-be located in, any Residence-District,
unless the use to which they are accessory is permitted in
such. district., or uponthe approval by the ;Board- of Appeals.
SECTION 1103 - PROHIBITED USES IN ALL DISTRICTS - The
:following uses ,are prohibited .,in, all districts :
1. Any. use. whi,ch is. noxious, offensive ,or objectionable
by reason of the emission of ,smoke, ,dus.t,. .gas, odor or other
form or air pollution or by reason of the deposit, discharge
or dispersal of liquid or solid wastes in any form in a manner
or amount as to cause permanent damage to the soil and streams
or .to adversely .:affect- ,the.. surrounding area, .or by reason of
the creation,-of noise, .vibration, electromagnetic or other
disturbance,- or .by reason,'.of illumination by arti.f.icial .light
or .light .reflection beyond, the limits of the lot, .on .or., from
which such light or light reflection-. emanates, or.-which involves
any dangerous fire explosive, radioactive or other hazard,.. or
which,,,causes. ,injury, .annoyance or disturbance to any of the
surrounding.,.properties or to-their owners and occupants, and
any other. process or use. wkich. i.s ;unwholesome and noisome and
may be ,dangerous or prejudicial :to health, safety, or general
welfare, except. where such activity is -licensed or regulated
by other government agencies.
95
-,2 . - Artificial•.lighting facilities of any kind with light
sources. visible .beyond -the- lot- lines which create. glare. beyond
such lines.
3 .. Carnivals and circuses and related .activities except
for ,a ttemporary period on special_ license from the Town Board.
4. Junk yard or refuse disposal site, - except a refuse
disposal •site established as an ,official Town. Refuse Disposal
Site or duly .authorized as a. refuse disposal site. by the Town
Board. -
5 . Uses involving prima,ry .production of, the -following
products .from raw materials :
(a) Charcoal., and .buel briquettes. Chemicals :
aniline dyes, carbide, caustic soda, -cdllulose, , chlorine.,
carbon black and bone black, creosote, hydrogen and oxygen,
industrial alcohol, -.nitrates of. an explosive nature, potash,
:plastic materials and synthetic resins, pyroxlin, rayon-yarn,
_and ,hydrochloric, nitr.ic, :phosphoric, •picric, and sulphuric
acids. Coal, coke and tar products, including .gas..manufacturing;
explosives; gelatin glue, and . size (animal) ; linoleum and oil
cloth; matches , ._paint, varnishes , and .turpentine, rubber
(natural -or.•synthetic) ; soaps:, including fat rendering; .starch.
6.. . The following processes,: nitrating of cotton or
other materials; milling or processing of lour, magnesium
foundry; reduction, refining, smelting and alloying metal or
metal ores; refining secondary al&minum, . refining petroleum
products , such.•as- gasoline, kerosene, nap.tha,. -lubricating
oil distillation of wood or bones., reduction-.and processing
of wood pulp and fiber; including paper mill operations..
7. Operations: involving. stockyards, slaughter houses-,
and slag piles. .
8. Storage of ,explos.ives.-
9. Quarries.
XII. By renumbering Article , X to. be ,Art.icle, XII.,: and amending
the same to .read- as follows :
ARTICLE.. XII .
GENERAL -PROVISIONS—
SECTION 1200 - JUNK YARDS = :,,.•7Nothwithstanding any other
prov-is,ions, of :this Ordinance, al.l , automobile , or other junk
yards in existence at the effective date . of ;this .,Ord.inance as
first enacted- in 1957, shall within.; three .(3) years .from such
date -Provide -suitable screen.ing : in the ..form of fencing -or
hedges• completely around the periphery of.-,the. area. used .for
such purposes, and the type of fencing and hedges shall be
subject to the•. approval of the Board.. of Appeals.
SECTION 1201 - Notwithstanding any, .other provisions of
this :Ordinance, any sign,• in, existence, at ..the effective date of
this Ordinance, as first enacted in 1957 , which :.does. not conform
to the provisions of this Ordinance shall within five (5) years
from ,such date -be discontinued .u_nless: its continuance is
authorized as a special exception—by—the—Board-of Appeals as
hereinafter provided.
SECTION 1202 - DWELLING UNIT .DENSITY Notwithstanding
any other provision of this -ordinance, ' each dwelling- -unit
in a multiple dwelling shall have 9, 000 square feet' of -land
for each dwelling unit in the building where public water
and public -sewer are- not provided and shall have 6, 500 square
feet o-f- land for each dwelling unit in the buildigg where
public water and public sewer is provided.
SECTION 1203 - HOTEL AND MOTEL UNIT DENSITY - Notwith-
standing any other provisions of this ordinance, each room
or group of rooms designated, used, or intended to be used
for lodging as a unit, which does not qualify as ' a dwelling
-unit, and -located .in -a hotel, -motel or similar dwelling shall
have 6, 000 •square feet of land for each such unit where public
water and public sewer systems are not provided and shall have
-4, 000 square feet of -land for each such unit where public water
'and public sewer systems are provided.
SECTION 1204' - NON-CONFORMING USES - Unless otherwise
authorized as a special exception by"the Board 'of =Appeals
as hereinafter provided-, -the -following provisions shall apply
to non-conforming uses:
(a) The lawful use of a building or premises
existing on the effective date of .this Ordinance, or authorized
by a building permit issued prior thereto, may be continued
although such use does not- conform .with the provisions of this
Ordinance and such use may be -extended throughout the building
lawfully acquired prior- to said date.
(b) A non-conforming use of a building or premises
may be changed to a use of the same or higher classification
according tothe provisions of this ordinance.
(c) Whenever a district shall hereafter be changed,
any then existing non-conforming use of a building or premises
in such changed district maybe continued or changed to a use
of a similar or higher classification, provided all other
regulations governing the use are complied with.
(d) Whenever a non-conforming use of a building
or premises has been diacgntinued for a ' period ' of more -than
two (2) years , or changed to ,a higher classification, or to a
conforming use, anything in this Section to the contrary not-
withstanding, the non-conforming use of such building or
premises shall no longer be permitted unless a variance the
shall have been granted by the Board of Appeals hereinafter
provided.
(e) A non-conforming building may not be recon-
structed or structurally altered during -its " life to an extent
exceeding in -aggregate cost fifty (.50) percent of its fair
value of the building, unless the use of such building is
changed to a conforming use.
(f) Anon-conforming building which -has been
damaged by fire or other causes to the extent of more than
fifty (50) percent of its . fair value shall not- be repaired
or rebuilt unless the use of such .build-ing is changed- to a
conforming use.
XIII. By renumbering Article VIII to be Article XIII, and
amending the same to read as follows :
ARTICLE XIII
BOARD OF APPEALS
SECTION 1300 - ORGANIZATION. - .,T•he-.Town .Board shall appoint
a '-Board of Appeals, consisting of five (5). members as ..provided by
the Town Law.
SECTION 1.30.1- - •POWERS. - In addition to "such powers as may
be conferred upon it by law,.- the , Board .of -Appeals_ shall have
the following powers :
=A. Appeals_ - To hear and decide appeals from a.hd- review
any .order; requirement, ,decision . or determination made by the
Building Inspector.•
B. Variances - Where there are practical difficulties
or -unnecessary ,hardships in the sway of 'carrying out the strict
letter. of these regulations, - the Board of Appeals shall have
the power:,to vary•-or--.modify,- the• application of, snch• pegulations
s,o- that the _ spirit of the Ordinance shall- be observed, public
safety and welfare secured and: substantial, j'.ustice: done.
C. Special Exceptions, Special Permits and Other Approvals-
Whenever a use, or the. location hereof, .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 permissive use and its location -within- the
'district. in. which this ordinance specifies,-the -permissive 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 distrct wherein the ..proposed use pis to._be _located or of
permitted or legally established-. in uses in adjacent use
districts ;
(c) That: ,the safety, the health, -.the welfare, the
comfort, the confienience or the order:-.of the Town will not be
adversely affected-:-by-.-the proposed. use- and its- location.; and
(d) That_-the us& will be-, in harmony- With and promote
the general purposes and intent.'.of^this: Ordinance:..,
(2).. In making such.-.determination, the Board of Appeals
shall: -also. give consideration,-.among other things:, to:
(a) The character of the existing and probable
developmeht..of uses: ins:th.e district:;and:.the peculiar suit-
ability of such district for the location of any of- such
permissive uses;
(b) The conservation of property values and the
encouragement of the.-- most;- appropriate uses of the land;
_(c) _ -: The effect. ,that the location of.. the- proposed
use- may have upon-.,the-. creation of, .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 l-iqu1d, _stolid, gaseous .or otherwise) _that: may be
caused or:.created 'by.:.or:- as a.- result of the use;
(e) ••• Whether the, use, or...materials , inci.dental thereto,
-or- produced thereby, may .give.. of-f-.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 operations in pursuance of the
use.•will cause. undue- interf.er.enc.e .with_ the .orderly•.enjoyment
by the public of parking or of recreation facilities, if
existing, or if proposed by the Town or ..by .other• compete.nt
Governmental agencies;
(h) To 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 had;
(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 thereon
for the cpnvenient entry and operation .o•f fire and other emer-
gency apparatus-or by- the undue concentration-or 'assemblage
of- persons -upon such plot;
Whetheri the use, .or the..:structures to be used
therefor, will cause an overcrowding of. land or undue..concen-
tration of population;
(k) - . Whether. the plot- area cis sufficient, appropriate
and adequate for the use and the reasonably anticipated
operation and expansion thereof; and
(l) Whether the. use .to be operated is. unreasonably
near to. a church, schoo, - theatre, recreational area .or other
place ,of public assembly. .. ._
SECTION 1302 - 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 objectives of - this ordinance.
SECTION. 1303 - ' Tie Board. of Appeals'. shall, consistent
with the law, determine its own rules of. conduct,.and procedure.
SECTION .1304 FEES -. All :app.l.ications to the.. Board of
Appeals-for. any relief provided for herein shall be accompanied
by a fee of $15. 00.
XIV. _ By adding a new Artic.le. to. be Ar.ticle. XIV to- read as
follows :
ARTICLE XIV
- 1 PLANNING BOARD . ,
SECTION 14.00. - Approval of Site,-Development Plans. In
a1.1 cases where this ordinance .requires approval of Site
Development Plans by. the Planning Board; no building permit
shall be issued by the Building Inspector except upon authoriza-
tion- of and in conf.ormity.with the plans approved by the Planning
Board.
A.- Objectives. In considering and acting upon-,Site
Development Plans the Planning.-Board shall take . into considera-
tion the public health, safety and welfare, the comfort and
conv,enience.,of- the -public, in: general. and of the residents of the
.immediate ,neighborhood. .in. .particular, and .may. prescribe :appro-
priat.e_ conditions- and safeguards, as .may be . requ.ired in order
that. the result of its.:action, may, to .-the •,maximum. extent
possible, further the expressed intent of this Ordinance, and
the.:accomplishment of, the following objectives in particular:
1.., Traffic .Access. ., . That a.l,l proposed_ .traffic access
and ways are adequate. bu•t not .excessive .in. :number; adequate in
width, grade, alignment and visibility; not located too near
street corners or other ,.places of, pub.lic assembly; and other
similar safety cons iderat.ions .._,
2.. , . Circulation and Parking. That; adequate. off-
street parking.. and •,loading.. spaces_,are prov,ided .•to ,prevent
parking in publ-ic,. streets :.of vehicles. of-any persons connected
with or: visiting the use and and .that the; interior circulation
system, is adequate: t.o.:provide ; sa;f•a accessibility: to all required
.off-street parking lots.._.
3.. Landscaping., anal Screening. That a11 ,pla,yground,
parking,.and . service areas;... are reasonably screened-_ at. a;ll seasons
of:: the,;year from the= view of,•adjacent residential lots:. and
•str:eet and ,that. the,,genera.l,, landscaping. o.f . the ,site ,is in
. character with that •gener,a.11y prev,ail.ing in the neighborhood.
..Existing ,tre.es. ..over 8." in . diameter. measured 3 feet above the
base of the trunk shall be .retained. to the maximum ,extent
possible.
B. Effect of Site Development Plan Approval
l..• .,No_bui-lding- permit shall be.: issued- for .any
structure covered by this section until an approved Site
Development Plan or approved amendment of any such plan has
been: ;secured: by :the applicant from the Planning Board and
presented to the Building,.,.Ins.pector.. ,
2... No certificate-of occupancy.will:.be issued for
,any structure .or .use. of land covered by 'this section, ,unless
the--.,structure is completed-or.; the. land is developed. or used
.in. accordanc.e ,with.- an: approve.d.. Site, Development. •Plan or„
approved, amendment of ,any :such plan.
3. Should any Site Plan approval invo-1_ve: any matter
requiring referral to the Suffolk County, Planning Commission,
then the matter shall be referred,.- prior.to final action by the
Planning Board, to the Suffolk County Planning Commission in
accordance. with, the.., applicable provisions of law.
C. Procedure
1. Pre-Submission Conference. Prior to the sub-
mission of a. ,Site Development-, Plan., ,. 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 . Development Plan
elements shall be submitted to the Planning Board in order
for said Board to determineconformity with the provisions and
,.,intent...,of-, th•is...Ordinan,ce.
2;. Within, 6: month s-,:fo1.1owing the- pre-submiss-ion
conference : the. Site, Development Plan. and . any-,.related . informa-
tion shall be submitted to: the Building, Inspector in. triplicate
at least 15 days prior to the Planning Board meeting at which
, approval--. is requested. If. not submitted within this 6 month
period, another pre-submission, complian!ze..may be,,required.
00
3. The Building Inspector shall certify' 'on' each Site
D&vel'opment "Plan' or, amendment whethiar �br- riot' th'e' Allan 'meets the
requirements of all zoning. ordinance 'provislions other "than those
of this section regarding Site Development Plan approval.
4'.' The Building Inspector shall retain one "copy and
transmit two copies of the certified Site Development Plan to
the Secretary of the Planning-.Board 'at •least 7 days prior to
the 'Planning Board meeting at which- approval is requested.
5 : - The Planning" Board shall a-ct to'' approve or dis-
approve any such Site Development- Plan within 90 days after
the meeting at which approval is requested. Failure to act
with n' 90' days° sha11 .be deemed .approval'. ' Planning Board
disapproval' shall inc'lude 'written' findings upon 'any' Site
Development Plan element found cont'rary' to the provisions
or intent -of this ordinance. In 'revi'ewing" the 'application,
the Planning Board may"secure the advice' or'' a'ssistance 'of
one or more expert consultants qualified-' .to' advise- as-"-to
whether a proposed use will conform to the requirements of
this ordinance. The , 6's-' s'i'sitah6e o.f'a consultant, if sought,
must' be obtained within '10 'days of the redeip`t 'of- the appli-
cation. ` ''Such consultant shall `report'witY:in 30 "days after
'receipt' of ''such 're'quest 'wh"ether 'or'% not: the use applied for
will be *In 'conformance witH' the.`perforii'ance standards'; and
if not, what modificatiori' in 'design or operation would .be
necessary' for conformance "A copy' •of' the' 'report of such "
consultants shall be furnished to the Planning Board,'' Building
Inspector, and applicant.
6. Amendments to a Site Development Plan shall be
acted upon in the same manner as the approval- of the original
plan.
7. The Planning Board may `require that Site Plan
approval be periodically ''rev-
D. Sitb Devel'opment. Plan Elements The applicant shall
cause'' a Site Development• map ' to be prepared by a- 'Civil Engineer,
a surveyor, land planner, architect; or other competent person.
Site Development- Plan'elements 'sh'all' include those fisted
below which are appropriate' to the proposed`-'developtribnt. .or
use as indicated by the Planning Board in the pre-submission
conference.
1. Legal Data
'('a') Lo-t. ' block-' and 'sectalon number,' i-f-'"any, of
the property taken from the latest tax records.
(b) Name and address of the owner of record.
(c) Name and ' address of person, firm:, or
organization' preparing the Map.
" (d) Date, north: pbiht, and written .and graphic
scale'. . _ ... . ,._ : . • , .
(e) Sufficient description or information to
precisely define the boundaries of the property. All distances
shall be in feet and tenths,-of a foot. All angles shall be
given to -the nearest 10 seconds or' closer-.' The error of
closure shall not exceed one in ten thousand.
(f) The locations, names,` and' existing widths
of adjacent streets: and,•curb' lines .'
(g) The" location and owners of all adjoining
lands as shown on the latest .tax records .
(h) Location, width, and purpose 'of 'all - existing
and proposed easements , set-backs, reservations, and areas dedicated
to public use within or adjoining the property.
(i) A complete outline of existing deed restri-
catibris or covenants applying to* the property.
(j ) Existing zoning.
2: Natural Features -
(a) Existing contours with intervals of five
(5) feet or less , referred to a datum satisfactory to the Board.
(b) Approximate boundaries of any areas subject
to flooding .or storm water overflows.
(c) - Location of existing watercourses, marshes,
wooded areas , rock outcrops, isolated trees with a diameter of
eight inches or more, measured three (3) feet above the base of
the trunk, and other significant existing features.
3. Existing Structures and Utilities
(a) "Location of uses and outlines of structures
drawn 'to scale on and within 100 feet of the lot.
(b) Paved area-s;' sidewalks; and- vehicular
access between the site and public streets .
(c) Locations, - dimensions, grades, and flow direction
of existing sewers, culverts, water lines as well as other
underground and above-ground utilities within and adjacent to
the property.
(d) - Other 'existing development, including
fences-; landscaping-; and screening.
4. Proposed- Development
(a) The location of proposed buildings or
structural improvements.
(b) The location and design of all' uses not
requiring structures;' such as off-street -parking and loading
areas'.
(c) The- 'location; direction, power- and-
time of use for any proposed outdoor lighting or public
address systems-.
(d) The location and plans for any outdoor signs .
-(e-) The location and arrangement of proposed
means of access and egress, includin gsidewalks-; driveways,
or other paved areas. Profiles indicating grading and cross-
sections' showing- width of -roadway `�locat`ion and width of s ide-
walk-s; and location and size of water- and- sewer lines:
. (f) Any proposed grading, screening;- and
other landscaping including types and locations of proposed
street lines.
(g) The location of all proposed water lines ,
valves and hydrants,- and-'of all sewer lines or alternate means
of. water supply and sewage disposal and- treatment.
(h) An outline of any proposed deed 'restrictions
or covenants.
(i) f Any contemplated public improvements on
or adjoining the property.
(j ) ' If the Site. Development Plan only indicates
a first state, a supplementary plan shall indicate ultimate
development.
5 . Any other information deemed by, the Planning
Board necessary to determine conformity of the Site Plan with
the intent and regulations of this ordinance.
SECTION 1401 - FEES - All applications to the Planning
Board for approval of site development plans shall be accompanied
by a fee of $25. 00.
XV. By renumbering Article VII to be Article XV, and amending
the same .to read- as follows:
ARTICLE XV
ENFORCEMENT
SECTION. .150.0..- .BUILDING. INSPECTOR -: It shall be the duty
of the Building Inspector- and• s.uch deputies and assistants as
may be appointed by the Town Board to administer and enforce
the provisions. of this., ordinance.. .,
The Building Inspector and assistant and deputy building
inspectors shall have- such, .right, to enter and- inspect buildings,
structures., or premises and to .perform.• other acts necessary for
,the. .enforcement. of-. this ordinance as are .conferred upon, them
by law.
SECTION, 1,501 , --, BUILDING..PERMITS - No building in .any.
district shall be erec•ted,.. recons.tructed or. re.stored,. or
structurally altered without a building- permit duly issued
upon application to the.,.Buildin,g; Ins.p.ect.or. No building permit
shall be issued unless the proposed construction is .in full
conformity with. all. the provisions, .of this ordinance and the
provisions- of all other applicable ,laws,, . ordinances,, rules and
regulations. Any building permit issued in violation of the
provisions of this;.ordi,nance :shall . be null and void and of no
.effect, without the necessity for,. any.proceedings, . revo-cations
or nullificationsthereof; and any work undertaken or,- us,e estab-
lished pursuant to the issuance of a permit in violation of the
prow.isions, of .this.,.ordina.nce-,shall ..be unlawful.
1. Every application for a building per.mi.t..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. req_ u_ired, prepared by a licensed engineer
or land surveyor..-. .
:(a) .._ 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;
(b) The block and lot numbers, if any-, as they
appear on the latest tax records;
(c) , The, exact, size. and locations,.on the lot of
the proposed building or buildings or alteration of an existing
building and of other existing buildings on the same lot; .
103
(d) 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;
(e) The existing and in use of all build-
ings, existing or proposed, the use of land and the number of
dwelling 'units the building_ is designed. to. accomodate; and
.(f) 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 ordinance.
2. 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.
3. No building permit shall be issued for any
building if the Site Plan of such build ng. is' subject to
approval by the Planning Board, except in conformity with
the .plans approved by_ .the. sa id_ Board..
4. No building permit' 'sha11 be issued for a building
in any district if such use. is permitted by Special Exception
or Special Permit of the Board, unless and until such approval
has been duly granted by. the Board of Appeals.
5. No building permit shall be issued for any
building until approval has been received from the County
Health. Department for the proposed water supply and sewage
disposal system."
6. The Building permit application and all supporting
documentation shall .be made in triplicate. Upon the issuance
of"a building permit:, . the Building Inspector shall. return one
copy of all filed documents to the applicant. ',
7 . The Building Inspector shall, within ten business
days. after the filing 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 the reasons for such denial.
8., Eb y building permit shall expire if the work
authorized has not commenced within 12 months after the date
of issuance, or has not been completed within 18 months from
such date for construction costing less than ,$1, 000. 00 and
has' not been completed, within 30 months from, such date for
construct-io.n costing in, excess. of such amount: If' no zoning
regulations affecting the property `Yave been enacted in the
interim, the Building Inspector may authorize in writing the
extension of the .perinit for an additional, siz months. There-
after,' a new permit shall be required. ,
9. . 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. for 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.
10. Permit. Fees -' The following ..fees shall be paid
upon, the filing of an a.pplication. wit h the. Building In
for a Building Permit which. shall be paid into. the general fund
if the. appl,ication . is approved, or. returned to the applicant
if the application .,is„ denied.
Dwellings _
.(a.) New dwellings - $25.00 plus $, 05 for each
dquare foot of floor area over 1, 000 square fee.
(b) . Additions ^,and alterations' - $15. 00. . ;
(c)' Accessory buildings -. $10. 00 plus $. 05 for
each square foot of floor area over 850 square feet.
(d) Additions and alterations ,to Accessory
Buildings - $_10.00. _
Hotels, Motels, Business and Industrial Buildings
(a.) New Construction -- $5.0.00 plus $. 10 for each
square .foot of floor- area over. 1.0, 00.0. square feet.
(b) Additions and alterations - $25.:00 plus $.05
for each square foot over 1, 000, square feet.
(c) Accessory buildings. - $15. 00.,.
Farm 'Buildings - $15. 00
All other Structures $15. 00 . .
Signs - The fee for all signs, except signs, permitted
by Section 300 C 7 (a) , shall be $0. 25 for 'each square foot of
,sign areea- with._ a min_imum,.,fee of $2 .00.
SECTION 1502 .- REVOCATION OF BUILDING PERMIT. , The
Building Inspector may revoke. a bui.lding. permit- theretofore
issued and approved in the following instances :
.,(a) Where he finds that there has been any .false
statement .or misrepresentation as to a material .fact iri the
application,,, plan ,or...spec_ifications on. which the building
permit was based;,
(b,)„ Where. he, finds that. the, building permit was
issued in error and should not have been issued in accordance
with the applicable. law;
(c)_ Where he finds that. the work performed under
the. permit is not being ,prosecuted in accordance with the
provisions of the .,application, plans, or ,specifications,; or
(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 .1503 - ST.OP_ .ORDERS. - .Whenever the, Building. .
Inspector has, reasonable._ grounds to bel.ioue., that work .on
any luilding or structure is. being, .prosecuted .in. violation
of, the provisions„of the applicable law, .ordinances,, or
regulations or not ,in conformi.ty. with. the provisions_ of an
application, plan,. or .specifications on the basis of which a
building permit was ,issued., or in.. an unsaf.e. .and �dangerous
manner, he shall notify the owner of the property;' or the
owners ' agent, or the person performing the work, to suspend
all work,. and any such persons shall forthwith stop such work
.and suspend, all building. :activi,ties until the stop order has
been rescinded. - Such order- and notice shall be in writing,
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 registered mail.
SECTION 1504 - CERTIFICATES OF OCCUPANCY
1. A Certificate of Occupancy" shall be applied for to the
Building Inspector and it. shall be unlawful to. do any of the
following until a Certificate of Occupancy' is issued therefore
to wit:
(a) Occupancy and'. use of a building erected, ' re-
constructed, restored,- structurally altered, moved, or any
change in use of, an existing building.,
(b) Occupancy, use or any change. inthe use of any
land; and
(c) Any change in use of non-conforming use.
2. No certificate o-f occupancy shall be issued for the use
of a building or- lands requiring a Special Exception or special
permit by the Board of Appeals or for any land or use requiring
a Site Plan approval by the Planning Board unless and until such
use or Site Plan approval has been duly granted. Every certificate
of occupancy for which a special exception or 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 thesame is subject.
3. Application for a certificate of occupancy for a new
bu-ildin,g or for an existing building which has been altered
shall be made after the erection of such building or part
thereof has been completed in conformity with the provisions
of this ordinance and in the_ case of a new building -shall be
accompanied by an accurate" plot plan, or it not available, by
a survey .prepared by a. licensed land surveyor or engineer
showing the location of a building as built. Such certificate
shall. be issued within 10 days after receipt of the properly
completed application, providing the application states that
all requirements of` all, other applicable codes or ordinances
in effect are compiled with. '
4. If the proposed use ,is in with 'the provisions
of this ordinance and all other applicable codes and- ordinances,
a certificate of occupancy for the use of vacant land or for a
change of use or anon-conforming use, shall be issued by the
Building Inspector within 10 -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.
5. Every application for a certificate of occupancy or a
temporary certificate of occupancy shall be accompanied by a
fee of $5. 00. - Copies- of such certificate will be issued upon
payment of $1. 00 per copy.
6. A certificate of occupancy shall be deemed to authorize,
and is required for., both initial occupancy and the continuance
of occupancy and use of th'e building' o"r 'land 'to which it applies.
7 . Upon written request; and upon Ipayment ' of a fee of
$5.00, 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 .ordinance,
certifying such'.use and ,whether 'or not the same.' and the' building
conforms to the provisions. of this ordinance.
8. A. record of all . certificates=of occupancy. shall. be
kept' in the"' office of` .the Building Inspector and copies shall
be furnished. on request, to any agency of the Town or to any
persons having an interest in the building or land • affected.
SECTION 1503 - PELANTIE-S - For every violation of the
provisions . of this .,ordinance .or. any regulations made pursuant
hhr.eto, or a' failure to comply with a written notice or order
of. the Building Inspector, within: the ;time fixed for compliance
therew'i7th, the owner, occupant, builder; architect, contractor
or their agents or any other person who commits, takes part
or assists in any such. violation or ,who shall• fail to comply
with a written order or. notice .of the Building. Inspector shall
be guilty of an offense, punishable by. a fine not exceeding
fifty dollars or imprisonment for a period not to exceed six
months, or both... Each week ' s continued violation shall con-
stitute a separate additional violation.
SECTION- 1504 - 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*. .v blation. of this .Ordinance.,. or. of any
regulations made pursuant thereto, in addition to other
remedies provided by law, any appropriate action or. proceeding
whether by_ legal processor otherwise, may be instituted, or
taken to prevent such unlawful erection, construction,- re-
construction, a.lteration, ..repair, conversion,, amintenance or
use, to restrain-,_ .corr_ect :or abate• such violation,, to prevent
the occupancy of said, building,_, structure or rand. or .to prevent
any illegal act, conduct, business, or use in or about such
premises.
XVI.. By renumbering .Article IX to be Article_ XVI, and amending
the same to read as follows.:
ARTICLE XVI
AMENDMENTS
SECTION_ 1600. - .The Town, Board upon,_ .its own, motion or by
.petition may, from time to .time, amend, supplement, change,
modify or repeal this Ordinance. .inclu.dingg the 'Zoning Map, by
proceeding in the fdlowing manner: The Town Board by resolution
adopted at a stated meeting shall fix the time and place of a
public hearing on the. proposed amendment and cause notice
thereof to. b.e given ,pursuant to the provisions of the Town Law.
The Town Board, before advertising fora public hearing, shall
in a written. request,. instruct the Town Planning Board to
prepare, an official report. defining the conditions ,described
in a petition and determine the area so affected with its
recommendations.
SECTION 1601. - FEES, -. Every petition for .a change of
amendment to this ordinance or the zoning map shall be .filed
with the. Town Clerk and shall be accompanied. by a 'fee of
$100. 00.
ARTICLE XVII
INTERPRETATION, VALIDITY, AND EXCEPTIONS
:SECTION 1700 - CONFLICTS
(a) Where a. provision of. this ordinance conflicts with
or imposes a different requirement than any other provision
of this ordinance, the provision -or requirement which is more
restrictive or which es.tablishes .the higher standard. -shall
govern.
10?
(b) Where the provisions of this ordinance conflict with
or impose a different requirement than any other ordinance of
. the Town of Southold, or any rules or regulations adopted there-
under, the ordinance, rule or .regulation which establishes the
. higher .standard or requirement shall govern.
SECTION 1701 - VALIDITY - Should any section or provision
of this Ordinance be declared by a court of competentt juris-
diction to be invalid, such decisions shall not affect the
validity of the Ordinance as a -whole or any other part thereof.
SECTION 1702 - EXCEPTIONS - All of the lots on the following
subdivision maps shall be excepted from the lot area and lot
width requirements of this ordinance, and the lot areas and lot
widths. applicable to said lots shall be as shown: and designated
on said subdivision maps :
Green Acres Sunny Shores
Stratmors Moose Cove
•Marion Manor Nassau Point
Cleaves Point, Sec. II Deer Park
Fordham Acres, Sec. I Village Manor
Fordham Acres, Sec. II G. I. Tuthill
Sterling Homes Edgemere Park`
Eastern Shdk-,ds, Sec. I Willow Terrace
Eastern Shores, Sec. II Soundcrest Woods
Eastern Shores, Sec. III Gardiners Bay Estates, Sec. III
Eastern Shores, Sec. IV ' Harvest Homes, Sec. I
Eastern Shores, Sec. V Bayview Woods Estates
Southold Shores Smithfield Park
Willow Point Paradise Point
Harbor Lights Estates, Sec. I . Harbor Lights Estates, Sec. III
Terry Waters Highwood
Bay Haven Nunnakoma Waters
Corey Creek Estates Yennecott Park
West Creek Estates Downsview
Northwoods South Harbor Homes
q= Vista Bluff Peconic Shores, Sec. I
Jacksons Landing Peconic Homes .,, Sec. I
Bennett' s Pond Peconic Homes, Sec. II
Rosewood Estates Peconic Bay Oaks
Sunset Knolls, Sec. II Laurel Country Estates
SECTION 1703 - EFFECTIVE DATE - Upon enactment of the
Town Board, this Ordinance shall take effect as provided by
law.
BULK AND PARKING SCHEDULE
"A" RESIDENT DISTRICT MULTIPLE 'RESIDENCE DISTRICTS BUSINESS DISTRICTS INDUSTRIAL DISTRICTS
MINIMUM REQUIREMENTS Single Fam. Dwg. Two Fam. Dwg. "M" Light "M-l" General "B" Light "B-1" General "C Light "C-l" General
A* B* A* B*
Total Lot 'Area (sq. ft. ) 40, 000 20, 000 80, 000 40, 000 40, 000 80 , 000 20, 000 30, 000 40, 000 200, 000
Lot Width - (ft. ) 135 100 270 135 135 200 60 150 200 300
Lot Depth (ft. ) 175 150 � 250 200
Front Yard . (ft. ) -50 35 50 . 35 _ 50 50. 35 35 . 200 150
One Side Yard (ft. ) 15 10 25.. _ 15 15 20, 25 30 50
Both Side Yards (ft. )_ 35 25 45 35 35 45 50 60 100
Rear Yard: (-ft. ) 50 25 50 50 25 35 50 100
Liveable Floor Area ( q: ft. ) 850 850 850 850 See Ord. See Ord.
Per D.U.
Off-Street Parking Spaces 2 2 3 3 See Ord. See Ord. See Ord. See Ord. See Ord. See Ord.
MAXIMUM Per D.U. i
PERMITTED
_ r
Lot Coverage 2.0/ 25/ 20/ 25/ 25/ 25/ See Ord. See Ord. See Ord. See Ord.
Building Height i
(1) number of stories 2-1/2 2-1/2 2-l/2, 2:-1/2 2-1/2 2-1:/2 2 2 i 2 2
(2) feet 35 35 35 3.5 3.5- 35 .. 30 35 35 35
A* - Without Public Water and Public' Sewer y
B* - With Public Water and Public Sewer
00
" r
i
Vote of the Town, Board: Ayes : Supervi.sor Martocchia, Councilman
Rich, Councilman Valentine, Justice. Suter, Justice Demarest.
Moved by Councilman Rich, seconded by Justice Demarest,
WHEREAS, this Board held a public hearing on th.e 28th day of
September, 1971 in the matter of the amendment of the Town
ordinance entitled, "The Building Zone Ordinance of the Town of
Southold, Suffolk County, New. York" , and
WHEREAS, this Board has adopted a resolution enacting the amend-
ments to the aforesaid Building Zone Ordinance and Building Zone
Maps as proposed in the Notice of Hearing of September 28, 1971,
and
WHEREAS, this Board has been requested to give consideration to
further amendments to said zoning ordinance and zoning maps as
hereinafter set forth, and
WHEREAS, this Board believes that it is in the public interest
that a public hearing be held- in the matter of said amendments
which are hereinafter set forth.,
NOW, THEREFORE, BE IT RESOLVED that the Town Clerk by written
request instruct the Town Planning Board to prepare an official
report with its recommendations with respect to the amendments
to said zoning ordinance and maps herein _2f.ter set forth, and
IT IS FURTHER RESOLVED that if the said proposed amendments are
required to be referred to the Suffolk County Planning Commission
that said Clerk refer such proposed amendments to such Punning
Commission.
IT IS FURTHER RESOLVED that the proposed amendments to .the
Building Zone. Ordinance of the Town of Southold and the Building
Zone Maps .are as follows, to wit:
I. By Changing from "A Residential and Agricultural
District to "C" Light Industrial District the following -described
property, to wit:
Premises at New Suffolk in the Town of Southold
being all that land .south of Jackson Street and east
of First Street . to the ordinary high water mark of
Cutchogue Harbor excepting, however, so much of said
premises as is presently within the "C" Light Industrial
District.
II. By changing from "A" Residential and Agricultural
District to "B-l" General Business District the following
described property, to wit :
All that certain plot, piece or parcel of land
situate, lying and being at Southold,=in the Town of
Southold, bounded and described as follows :
Beginning at the intersection of the westerly
line of the Main Road with the southerly line of
Ackerly Pond Lane; from said point of beginning
running southerly along said westerly line of. Main
Road on a curve to the right having a radius of
1110. 92 feet, a distance of 344.43 feet; thence
still along said westerly line of Main Road South 27
degrees 33 minutes West 18. 0 feet to land of Willow
Hill Cemetery; thence along Willow Hill Cemetery, North
52 degrees 29 minutes 50 seconds West 234. 07 feet to the
southeasterly line of Lower Road; thence along said
southeasterly line, North 41 degrees 45 minutes East 144.48
feet to said southerly line of Ackerly Pond Lane; thence
along said southerly line two courses : (1) North 73
degrees 05 minutes 40 seconds East 96.45 feet; (2) North
76 degrees 03 minutes 20 seconds East 170. 10 feet to
the point of beginning.
III. By changing from "A" Residential and Agricultural
District to "B-1" General Business District the following des-
cribed property, to wit:
3
to
All that certain' plot, piece or parcel of `land
situate, lying and being at Southold, ' in''the" Town of
Southold, bounded and described as follows :
Beginning at a point on the easterly line of
Wells Avenue 200. 03 feet southerly along said easterly
line from Main Road;. from said point of beginning running
along the existing "B-1" zone line, North 73 degrees 17
minutes 20 seconds East 14'8. 14 'feet; thence South 15
degrees 55 minutes 50 seconds East 464. 10 feet to the
northerly line of said Wells Avenue; thence along said
northerly line South 70 degrees 22 minutes 20 seconds
West 149.89 feet to said easterly line of Wells Avenge;
thence along said .ea.sterly' line North 15 degrees 45
minutes 10 seconds West 471. 75 feet to' the point of
beginning.
IV. By amending the first sentence of Section 1501,
Article XV of said ordinance' to read 'as follows:
No 'building shall be erected or added to until a' permit
therefor has beenissued by the Building Inspector.-
Vote of the Town Board: Ayes : Supervisor Martocchia , Councilman
Rich, Councilman Valentine, Justice Suter, 'Justice Demarest.
Moved by Justice Demarest, seconded by Councilman. Rich, it was
RESOLVED that Supervisor Albert M. Martocchia be and he hereby
is authorized to arrange for transportation and lodging- for
all who wish to 'attend the Association of Towns in February.
Vote of the Town Board: Ayes": ' Supervisor Martocchia, "'Councilman
Rich, Councilman Valentine, Justice Suter, Justice Demarest.
Adjournment Was at 3 :40 P.M.
Albert W. Richmond
Town Clerk