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HomeMy WebLinkAboutZoning Adoption - 1957§ 100-33 SOUTHOLD CODE § 100-36 provisions of this chapter, the front yard setback shall be the average setback of the existing dwellings within three hundred 1300~ feet of the proposed dwelling on the same side of the street, within the same block and the same use district. § 100-34. Corner lots. On a corner lot. front yards are required on both street front- ages, and one (1) 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 thirty (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 thirty (30) feet distant from their point of intersection. § 100-35. Fences, walls and hedges. Subject t~K~he provisions of § 100-34, fences, walls, hedges or other live plarY~ings within five (5) feet of the property lines may be erected and maintained, subject to the following height limitations: A, When located in the front yard along the front yard prop- erty line, the same shall not exceed four (4) feet in height. [Amended 5-29-73] B, When located along side and rear lot lines, the same shall not exceed six and one-half ~ B~.~z ) 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 18) feet in height,l° § 100-36. Substandard lots. [Added 5-29-73] In the A District, in the case of a lot held in single and separate ownership on the effective date of this chapter and thereafter, 10028 § 100-144 SOUTHOLD CODE § 100-145 provided that the application states that all requirements of all other applicable codes or ordinances in effect are complied with. D. If the proposed use is in conformity with the provisions of this chapter and all other applicable codes and ordinances, a certificate of occupancy for the use of vacant land or for a change of use or a nonconforming use shall be issued by the Building Inspector within ten (i01 days after receipt of a properly completed application. If a certificate of oc- cupancy is denied, the Building Inspector shall state the reasons therefor in writing to the applicant. E. ]~very application for a certificate of occupancy or a temporary certificate of occupancy shall be accompanied by a fee of five dollars 155.). Copies of such certificate will be issued upon payment of one dollar ~$1,1 per copy. F. A certificate of occupancy shall be deemed to authorize and is required for both initial occupancy and use of the building or land to which it applies. G. Upon written~request and upon payment of a fee of five dollars ~$5.), 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 adcption of this chapter, certifying such use and whether or not the same and the building conform to the provisions of this chapter. H, A record of all certificates of occupancy shall be kept in the office of the Building Inspector, and copies shall be fur- nished on request to any agency of the town or to any persons having an interest in the building or land affected. § 100-145. Penalties for offenses, lAmended 7-31-73] For every offense against any of the provisions of this chapter or any regulations made pursuant thereto, or failure t.o comply with a written notice or order of the Building Inspector within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or theix agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fad to comply with a written orde~r or notice of the Building Inspector shall, upon conviction thereof, he g~Llty of a violation punishable by a fine not exceeding fifty dollars or imprisonment for a period not to exceed six {6} months, or both. Each week's continued offense shall constitute a separate, ad- ditional violation. TOWN BOAP" ~IE£TING MAv 29, 1973 proposed grant of scenic easement dated and acknowledged by the said John B. Tuthill on said date, NOW, THEREFORE, BE IT RESOLVED that the Town of Southold accep% a scenic easement on property owned by Jahn B. Tuthill, three parcels located in Orient, and generally described as follows: 1. A certain parcel of Land consisting of 21 acres, more or Less, containing a lake, wood land and beach in the Hamlet of Orient, Town of Southold, Suffolk County, New York, generally bounded northerly by Long Island Sound; easterly by land of Horne and others; southerly by Main (State) Road; and westerly by ~ nd of Dorman and others. 2. A certain parcel of land consisting of 32 acres, more or less, a farm and meadow land adjacent to Orient Harbor in the Hamlet of Orient, Town of Southold, Su~f.olk County, New York, generally bounded northerly by Main (State) Road; easterly by Land of Slawski and othersl southerly by Orient Harbor; and westerly by land formerly of Scheckenbach. 3. A certain parcel of land consisting of 46 acres, more or less, of farm, wood and meadow lands located between Route 25 and Hallock~s Bay in the Hamlet of Orient, Town of Southold, Suffolk County, New York, generally bounded northerly by Main (State) Road; easterly by land now or formerly of Peter Brown; southerly by Hallock's Bay; and westerly by land now or formerly of Demarest. IT IS FURTHER RESOLVED that the Supervisor be and hereby is ~uthorized and directed to execute said scenic easement agreement on behalf of the Town of Southold and cause the same to be recorded in the Suffolk County Clerk's Office. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest, Justice Doyen. 5. Horses and domestic animals other than household pets shall not be housed within 50 feet of any lot line. On motion of Councilman Homan, seconded by Justice Demarest, W}iEREAS the Southold Town Board proposed amendments to the Building Zone Ordinance, together with the Building Zone Map forming a Dart thereof, and WHEREAS the proposed amendments were referred to the Southold Town Planning Board and Suffolk County Planning Commission for their report and recommendations, and WHEREAS the Southold Town Board, pursuant to due notice, held a public hearing thereon on the 15th day of May, 1973 at 7:30 P.M., at which time all interested persons were given an opportunity to be heard, NOW, THEREFORE, BE IT RESOLVED thatthe Building Zone Ordinance, of the Town of Southold, Suffolk County, New York, together with the Buiiding Zone Map forming a part thereof be amended as follows: AMENDMENT NO. 96 I. By amending Article III, Section 300B by repealing subdivision 14 thereof. II. By amending Article III, Section 300C by adding a new subdivision thereto to be subdivision 7 to read as follows: 7. Yard sales, attic sales, garage sales, auction sales or similar type sales of personal property owned by the occupant of the premises and located thereon, subject to the following requirements: (a) Not more than one such sale shall be conducted on any lot in a~y one calendar year. (b) Adequate supervised parking facilities shall be provided. (c) No signs, except on9 on-premises sign not larger than 3 feet by 4 feet in size, d~splayed for a period of not longer than one week immediately prior to the day of such sale, shall be permitted. (d) That a permit be obtained therefor from the Building Inspector upon the payment of a fee of $15.00. III. By amending Article III, Section 300C, subdivision 5 to read as follows: TO~¥N BOARD ~IF' ~IN6 OF ~[AY 29, 1973 Housing for flocks of more than 25 fowl shall not be constructed within 50 feet of any line, IV. By amending Article III, Section 303, to read as follows: SECTION 303 ESTABLISHED FRONT YARD SETBACK - Where property in the vicinity is improved with permanent dwellings with a front yard area of less than that required by the provisions of this ordinance, the front yard setback shall be the average setback of the existing dwellings within 300 feet of the proposed dwelling, on the same side of the street, within the same block, and the same use district. V. By amending Article III, Section 305, subdivision (a) to read as follows: (a) ~en located in the front yard, along front yard property line, the same shall not exceed four (4) feet in height. VI. By amending Article III, Section 305 by repealing subdivision (d) thereof. VII. By amending Article III by adding a new section thereto, to be Section 306 to read as follows: SECTION 506 - SUBSTANDARD LOTS in the "A" District, in the case of a lot held in single and separate ownership on the effective date of this ordinance and thereafter with an area and/or width of less than the requirements of this ordinance, a single family dwelling may be constructed thereon with side yard requirements reduced by 25%, provided that all other yard requirements are complied with. VIII. By amending Article VI, Section 602, subdivision 7 to read as follows: 7. Parking shall be provided in offstreet paved parking areas which shall provide for one (1) parking space, three hundred fifty (350) square feet in area, for each one hundred (100) square feet of sales area or office floor area in each building. IX. By amending Article XIV by adding a new section, to be section 1402, to read as follows: SECTION 1402 - CLUSTER DEVELOPMENT - The Planning Board may approve Cluster Developments for one-family detached dwellings in an A residential and Agricultural District according to the procedure and requirements specified below. The purpose of such development is to provide flexibility in the design and development of land in such a way as to promote the most appropriate use of land to facilitate the adequate and economical provision of streets and utilities and to preserve the natural and scenic qualities of open space. 1. The maximum number of single-family ldts that may be approved in a Cluster Development shall be computed by subtracting from the total gross area ~ fixed percentage of 20% of said area, and dividing the remaining 80% of the area by 40,000 square feet. (a) In computing the maximum number of lots that may be created, any lands which are subject to flooding of which are occupied by public utility easements in such a manner as to prevent their use and development, shall not be considered part of the total gross area. In a Cluster Development, lot area, width, depth, front yard, rear yard, and side yards shall not be reduced by more than 50% of the minimum requirements set forth in the Bulk and Parking Schedule. - 2'~ The area of a Cluster Development shall be in single ownership or under unified control. 3. Prior to the issuance of a building permit in a Cluster Development a Site Plan shall be submitted to and approved by the Planning Board in acoordance with Article XIV of this ordinance and the following conditions: (a) Said Site Plan shall include areas within which structures may be located, the height and spacing TOWN OF SOUTHOLD OFF[CE OF BUILDLNG INSPECTOR TOWN HALL SOUTHOLD, N. Y. 11971 TEL. 765-1802 Secember ~, 1978 Town Board Town of Southold ~2,¢.~ 0 ~ 1.q7 Town Hall Main Road Southold, N.Y. 11971 Re: Proposed ~en~ents to Zoning 0rdin~ce, Chapter 100 Gentlemen: I would like to direct your attention to Article XIV, Section 100-1~I J (2) (a) and (b) which sets the building permit fees for hotels, motels, business and industrial buildings. Under NEW CONSTRUCTION a $50 fee is required for a building up to qO,OOO sq.~t, i'±oor area with an additional 10~ for each square foot over 10,000. For ADDITIONS AND ALTERATIONS to hotels, motels, business and industrial buildings the fee is $25 for 1,000 sq. ft. and .05¢ a square foot of floor area over 1,000. Accordingly, a building permit for a new commercial building containing 10,000 sq.ft, of floor area requires only a $50 fee while a permit for au addition containing 10,000 sq.ft. of floor area to an existing commercial building requires a fee of $475.00. This section of the fee schedule is confusing since it is not consistent with the rest of the section des_ling with building permit fees. I notice that applicants are as a consequence paying a fee of $50 for a building permit whether it be for a new commercial building or an addition to an existing commercial building. I would therefore like to recommend that the fee schedule be reviewed and, if the sections I refer to are found to be in- correct, they be amended. Until this is clarified it would ~iCo~aVing~y/the prope~ appear that the Town of Southold is not re building permit fees due. ~ lly, EDWARD HINDERMANN Middle Road at Cutchogue, New York, and WHEREAS a public hearing was held on the original application on July 13, 1971, the Town Clerk issued a permit as authorized by resolutions dated October 26, 1971 and August 8, 1972, subject to the terms and conditions set forth in said resolutions, NOW, THEP~EFORE, BE IT RESOLVED that the Town Clerk be and he hereby is authorized and directed to issue a renewal permit to said Leander Glover, Jr. for the excavation of sand, gravel, s~one, or other materials from the above described premises for a term of one year, subject to the same terms and conditions set forth in said resdlutions of October 26, 1971 and August 8, 1972, and further subject to the condition that the following fees to be paid before the permit is issued: $310.00 for the excavation of 15,500 cu. yds. of fill under permit authorized by the Southo~ Town Board by resolutions adopted October 26, 1971 and August 8, 1972, and $310.00 for the estimated excavation of 15,500 cu. yds. of fill under renewal permit granted by resolution of the Southold Tovzn Board on September 11, 1973. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman H~man, Justice Suter, Justice Demarest. Moved by Justice Suter, seconded by Councilman Homan, WHEREAS George A. McCarthy applied to the Town Board for a single trailer renewal permit dated August 27, 1973, NOW, THEREFORE, BE IT RESOLIrED that the application of George A. McCarthy to locate a single trailer on his property at south side Main Road, Laurel, New York be and hereby is granted for a period of six (6) months. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved by Justice Suter, seconded by Councilman Rich, WHEREAS Sophie Saunders applied to the Tovzn Board for a single trailer renewal permit dated September 6, 1973, NOW, THEt~EFORE, BE IT RESOLVED that the application of Sophie Saunders to locate a single trailer on her property at Main Road, Laurel, New York, be and hereby is granted for a period 6~ six (6) months. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved by Justice Demarest, seconded by Councilman Rich, it was RESOLVED that Chief Carl Cataldo is hereby authorized to sign an agreement on behalf of the Town of Southold with W. T. Grant for the connection of a leased line alarm system to the alarm panel of the communications console at Police Headquarters, Main Road, ~econic, New York. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homart, Justice Suter, Justice Demarest. Moved by Councilman Rich, seconded by Councilman Homan, ~FttEREAS the Griswold-Terry-Glover Post %803, American Legion, applied 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, NOWj 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 required by law, and it is further P~ESOLVED that the Town Clerk be and he hereby is directed to issue a Bingo License to the Griswold-Terry-Glover Post %803, American Legion. Vote cf the Town Bc~d: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved b~, Justice Suter, seconded by Justice Demarest, ~EREAS, a proposed Local Law No. 4 - 1973 was introduced at a meeting of this board held on the 28th day of August 1973, and WPIEREAS a public hearing was held thereon by th is board on the llth day of September, 1973 at which time all interested persons were given an opportunity to be heard thereon, NOW, THEREFORE, BE IT RESOLVED that Local Law No. 4 - 1973 be enacted as follows, to wit: A LOCAL LAW TO PROVIDE FOR THE COMPILATION, REi~JMBERING AND TABULATION OF THE LOCAL LAWS, ORDINANCES AND RESOLUTIONS OF THE TO%FN OF SOUTHOLD Be it enacted by the Town Board of the Town of Southold: ~ 1-1. Legislative Intent. The local laws, ordinances and resolution of the Town of Southold referred to in ~ 1-2 of this Article shall be known collectively as the "Code of th-~ Town of Southold," hereafter termed the "Code," and the various parts and sections of such local laws, ordinances and resolutions shall be distributed and designated as provided and set forth in ~ 1-2 of this Article. ~ 1~2. Distribution of local laws, ordinances and resolutions. Derivation Table Old Number (Source) New Number (Chapter, Title, Article, Section) Chapter 4 Assessors Article I L.L. No. 1-1971 S 4-10 Sec, ~ 4-11 Sec. 2 ~rticle II L.L. No. 2-1971 ~ 4-20 Sec. ~ 4-21 Sec. 3* ~ 4-22 Sec. 4 *There was no Section 2 of this local Chapter 10, Unnumbered Ethics, Code of Article I ~ 10-10 ~ 10-11 [%r tic le II ~ 10-20 ~ 10-21 § 10-22 ~ 10-23 Article III ~ 10-30 ~ 10-3 1 ~ 10-32 Article IV ~ 10-40 B 10-41 ~ 10-42 Chapter 14, Local Laws, Adoption of ~ 14-1 ~ 14-2 ~ 14-3 ~ 14-4 ~. 14~-5 Chapter 18, Police Department ~ 18-1 ~ 18-2 ~ lS-3 ~ 18-4 ~ 18-5 ~ 18-6 Ordinance Article I Sec. 1 Sec. 2 Article II Sec. 1 Sec. 2 Sec. 3 Sec. 4 Article III Sec. 1 Sec. 2 Sec. 3 Article IV Sec. 1 Sec. 2 Sec. 3 L. L. No. Sec. Sec. 2 Sec. Sec. 4 Sec. 5 L.L. No. Sec. 1 Sec. 2 Sec. 3 Sec. 4 Sec. 5 Sec. 6 1-1964 2-1964 Adoption Date 2~23-71 2-23-71 6-30-70 Amended 7-31-73 2-18-64 9-29-64 SEP B73 ~ew ~mber (Chapter, ~itle, Article, Section) Chapter 100, Zoning Article I § 100-10 § 100-11 ~ 100-12 § 100-13 Article II ~ 100-20 ~ 100-21 $ 100-22 S 100-23 Article III ~ 100-30 § lOO-31 ~ 100-32 ~ 100-33 ~ 100-34 ~ 100-35 ~ 100-36 Article IV 100-40 § 100-41 Article V lOO-5O ~ 100-51 § 100-52 Article VI ~ 100-60 ~ 100-61 ~ 100-62 ~ 100-63 Article VII ~ 100-70 ~ 100-71 Article VIII ~ 100-80 lOO-51 Article IX ~ 100-90 ~ 100-91 ~ 100-92 § 100-93 Article X lOO-lOO ~ 100-101 § 100-102 ~rticle XI ~ 100-110 ~ 100-111 ~ 100-112 ~ 100-113 ~ 100-114 ~ 100-115 ~ 100-116 ~ 100-117 ~ 100-118 Article XII ~ 100-120 ~ 100-121 S 100-122 ~ 100-123 ~ 100-124 Old Number _(Source) Unnumbered Ordinance Article Sec. 100 Article XVII Sec. 1700 Sec. 1702 Article I, Sec. Article II Sec. 200 Sec. 201 Sec. Sec. 203 Article III Sec. 300 Sec. 301 Sec. 302 Sec. 303 Sec. 304 Sec. 305 Sec. 306 Article IV Sec. 400 Sec. 401 Article V Sec. 500 Sec. 501 See. 502 Article VI Sec. 600 Sec. 601 Sec. 602 Sec. 603 Article VII Sec. 700 Sec. 701 Article VIII Sec. 800 Sec. 801 Article IX Sec. 900 Sec. 901 Sec. 902 Sec. 903 Article X Sec. 1000 Sec. 1001 Sec. 1002 Article XI Sec. 1100 Article XII, Sec. 1101 Sec. 1~02 Sec. 1103 Article XII, Article XII, Article XIi, Article XII, Article XIII Sec. 1300 Sec. 1301 Sec. 1302 Sec. 1303 Sec. 1304 Adoption Date 4-9-57; renumbered and revised in its entirety 11-23-71 101 Amended 7-31-73 Amended 7-31-73 Amended 5-29-73; 7-31-73 Amended 5-29-73 Amended 5-29-73 Added 5-29-73 Amended 5-29-73 Amended 7-31-73 Amended 7-31-73 Sec. 1201 Sec. 1200 Sec. 1202 Sec. 1203 Sec. 1204 Amended 7-31-73 SEP lg73 New Number (Chapter, Title, Old Number Article, Section) ISource) Article XIII Article XIV ~ 100-130 Sec. 1400, ~ 100-131 Sec. 1400A ~ 100-132 Sec. 1400B ~ 100-133 Sec. i~00C § 100-134 Sec. 1400D ~ 100-155 Sec. 1401 § 100-136 Sec. 1402 Article XIV Article XV ~ 100-140 Sec. 1500 ~ 100-141 Sec. 1501 § 100-142 Sec. l~b2 ~ 100-143 Sec. 1503 ~ 100-~44 Sec. 1504 ~ 100-145 Sec. 1505 ~ 100-146 Sec. 1506 Article XV Article XVI ~ 100-150 '~ Sec. 1600 ~ 100-151 Sec. 1601 Bulk and Parking Schedule Chapter Al05, Resolution Grievance Procedures (no number) § Al05-1 Sec. 1 ~ A105-2 Sec. 2 ~ A105-3 Sec. 3 ~ A105-4 Sec. 4 Adoption Date first paragraph Added 5-29-73 Amended 7-31-73 Amended 7-31-73 Amended 7-31-73 Amended 5-29-73 5-7-63 I Chapter Al06, Subdivision of Land Article I ~ A106-10 ~ Al06-11 ~ A106-12 ~ A106-13 Article II ~ A106-20 ~ A106-21 ~ A106-22 § A106-23 ~ A106-24 ~ A106-25 ~ A106-26 ~ A106-27 Article III ~ A106-30 ~ A106-31 ~ A106-32 ~ A106-33 ~ A106-34 ~ A106-35 ~ A106-36 ~ A106-37 ~ A106-38 Article IV ~ A106-40 ~ A106-41 ~ A~06-42 ~ A~06-43 Article V ~ A106-50 § A106-51 ~ AI06-52 Approved by resolution (no number) Board 9-26-67 Article I First paragraph Second paragraph Third paragraph Article II Amended 5-8-33 Article III First paragraph Amezd Adopted by the Planning Board 9-6-67; approved by the Town First paragraph Sec. 1 Sec. 2 Sec. 3 Sec. 4 Sec. 5 Sec. 6 Sec. 7 Sec. 8 Article V Sec. 1 Sec. 2 Sec. 3 ~ Sec. 4 Article VI Sec. 1 Sec. 2 Sec. 3 Amended 5-8-73 Amended 11-7-68; 5-8-73 Amended 5-8-73 Amended 5-8-73 Amended 5-8-73 Amended 5-8-73 Amended 5-8-73 5-8-73 5-8-73 Sec. 1 Amended 11-7-68; Sec. 2 Sec. 3 Amended 5-8-73 Sec. 4 Amended 5-8-73 Sec. 5 Amended 11-7-68; Sec. 6 Amended 5-8-73 Sec. 7 Amended Article IV Section 2. A new Subsection (h) is hereby added to Section IV to read as follows: "(h) The removal of two (2) inches or less of topsoil annually during the normal cperation of god farming." Section 3. This ordinance shall take effect immediately. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homart, Justice Suter, Justice Demarest, Justice Doyen. Moved by Councilman Rich, seconded by Councilman Homart, ~EREAS, a public hearing was held by this board on the ]_7th day of July, 1973 at 7:30 o'clock P.M.~ on the matter of the amendment of the zoning ordinance of the Tow~-of Southold, NOW, THEREFORE, BE IT RESOLVED that the zoning ordinance of the Town of Southold is hereby amended as follows: The Zoning Ordinance of the Town of Southold adopted 4-9-57 and amended in its entirety 4-8-58 and 11-23-71 is hereby amended as follows: Section 1. IA Article I, Section 101, the definition of "YARQ%) FRONT" is hereby amended to read as follows: "YARD, FRONT -- An unoccupied ground area fully open to the sky between the street line, or between the street 'kine established by the Official Map of the town or an al~prove subdivision plat, and a line drawn parallel thereto." Section 2. In Article II, Section 200~ the designated title of the C-1 District is hereby amended to read as follows: "General Industrial Districts." Section 3. In Article III, Section 300: A. Subsection 7(a) under B, Uses Permitted by Special Exception by the Board of Appeals, is hereby amended to read as follows: "No building, tent, activity area or recreation facility shall be less than two hundred (200) feet from any lot line, and any such building, tent, activity area or recreation facility shall be effectively screened therefrom as required by the Planning Board. Buildings intended for use as sleeping quarters shall be not leas than thirty (30) feet from each other, except tents, which shall be not less than ten (10) feet apart." B. Subsection 9(a) under B, Uses Permitted by Special Exception by the Board of Appeals, is hereby amended to read as follows: "(a) There shall be docking or mooring facilities for not more than two (2) boats other than those owned and used by the owner of the premises for his personal use." C. Subsection 1 under C, Accessory Uses, Limited to the Following, is hereby amended to read as follows: "1. Home occupations, provided that:..." D. Subsections l(e) and (f) under C, Accessory Uses, Limited to the Following, are hereby repealed. Section 4. In Article VII, Section 700, Subsection A1 is hereby amended so as to refer to "...Section 300A, Section 400A, Section 500A, Section 600A, and Section 602..." Section 5. In Article IX, Section 900, Subsection 21 is hereby amended to read as follows: "0il, rubber or leather manufacture." Section 6. In Article XIII, Section 1301, Subsection C(2) (i) is hereby amended to read as follows: "(i) Whether a hazard to life, limb or property because of fire, flood, erosion or panic may be created by reason of or as a result of the use, or by the structures to be used therefor, or by the inaccessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus, or by t~ undue concentration or assemblage of persons upon such plot." Section 7. In Article XV, Section 1501, Subsection 10, the section reference under the entry for "SIGNS" is hereby amended to read as follows: "... Section 300C6(a)..-" Section 8. In Article XV, Section 1505 is hereby amended to read as follows: "For every effense against any of the provisions of this ordinance or any regulations made pursuant thereto, or failure to comply with a written notice or oder of the Building Inspector within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Building Inspector shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding fifty dollars ($50.) or imprisonment for a period not to q exceed six (6) months, or both. Each week's continued offense shall constitute a separate, additional violation." Section 9. In Article XV, Section 1504 Subsection 2 is hereby amended to read as follows: "No certificate of 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 special exception or special permit ~se or site plan approval has been duly granted. Every certificate ~f occupancy for which a special exception, special permit or site plan approval has been granted or in connection with %~ich a variance has been granted by the Board of Appeals, shall contain a detailed statement of any condition to which the same is subject." Section 10. This ordinance shall take effect as provided by law. Vote of the Town Board: Ayes: Supervisor Ma~tocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest, Justice Doyen. Moved by Councilman Rich, seconded by Councilman Homan, WtLEREAS a public hearing was held by this board on the 17th day of July, 1973 at 7:30 o'clock P.M. on the matter of the amendment of the traffic ordinance of the Town of Southold, NOW, THEREFORE, BE IT RESOLVED that the traffic ordinance of the Town of Southold is hereby amended as follows: Section 1. Article III, Section 1, of the Traffic Ordinance of the To%~n of Southold adopted 6-21-66 is hereby amended and revised as follows: "The following streets or parts of streets are hereby designated as one-way streets, and vehicles shall proceed only in the direction indicated within the limits designated below: Name of Street Beckwith Avenue Fones Street Hobart Avenue Direction Northerly and easte~y Easterly Southerly Location Entire length Mechanic Street Southerly Winthrop Drive Southerly Entire length Between New York Route 25 (Main Road) and Korn Road Between New York Route 25 (Main Road) and Mechanic Street East Between Ferry Road and Whistler Drive" of Travel section with New Suffolk Avenue Bray Avenue Bray Avenue Sound Avenue Rocky Point Road Champlin Place ChampLin Place Reeve Avenue (hamlet) Mattituck Ma ttituck Mattituck Mattituck East Marion Greenport Greenport Mattituck Stop Siqn on Airway Drive North Albo Drive (north West end) Albo Drive (south West end) Aldrich Lane North Aquaview Avenue West Atlantic Avenue North Bailey Avenue North Bailie Be~ch Road East Section 2. Article IV, Section 1, is hereby amended and revised as follows: "The following highway intersections are hereby designated as stop intersections and stop signs shall be erected as follows: Direction At Inter- Location "Section 4. Parking for limited time only. "The parking of vehicles is hereby prohibited for a longer period of time than that designated, between the hoars indicated, in any of the following locations: Name of Street Side Between the Oaklawnn Avenue Both hours of 8:00 A.M. and 4:00 P.M., except on Satur- days, Sundays and Holidays Time Limit 1 hour Love Lane Both 8:00 A.M. and 2 hours 6:00 P.M. Location Between a point 300 feet southerly of the south curbline of Main Street (New York Route 25) and a point 700 feet southerly of the south curbline of Main Street (New York Route 25) Between New York Route 25 and Pike Street Section 6. When effective, ~ This ordinance shall become effective immediately as provided by law. ~OW, THEREFORE, BE IT RESOLVED that a public hearing be held by this board with respect to such amendment at the Supervisor~s Office, 16 South Street, Greenport, New York at 7:30 o'clock P.M. on the 17th day of July 1973, and it is further RESOLVED that the Tow~ Clerk be and he hereby is authorized and directed to give notice of such hearing as required by law. Vote of the Town Board: Ayes: Supervisor Martocchia, Justice Suter, Justice Demarest, Justice Doyen. On motion of Justice Demarest, seconded by Justice Suter, ¥~EREAS the Town Board desires to amend the zoning ordinance of the town as follows, to wit: The Zoning Ordinance of the Town of Southold adopted 4-9-57 and amended in its entirety 4-8-58 and 11-23-71 is hereby amended as follows: Section 1. ~n Article I, Section 101, the definition of "YARD, FRONT" is hereby amended to read as follows: "YARD, FRONT -- An unoccupied ground area fully open to the sky between the street line, or between the street line established by the Official Map of the town or an approve subdivision plat, and a line drawn parallel thereto." Section 2. In Article II, Section 200, the designated title of the C-1 District is hereby amended to read as follows: "General Industrial Districts." Section 3. In Article III, Section 300: A. Subsection 7(a) under B, Uses Permitted by Special Exception by the Board of Appeals, is hereby amended to read as follows: "No building, tent, activity area or recreation facility shall be less than twoo hundred (200) feet from any lot line, and any such building, tent, activity area or recreation facility shall be effectively screened therefrom as required by the Planning Board. Buildings intended for use as sleeping quarters shall be not less than thirty (30) feet from each other, except tents, which shall be not less than ten (10) feet apart." B. Subsection 9(a) under B, Uses Permitted by Special Exception by the Board of Appeals, is hereby amended to read as follows: "(a) There shall be docking or mooring facilities for not more than two (2) boats other than those owned and used by the owner of the premises for his personal use." C. Subsection 1 under C, Accessory Uses, Limited to the Following, is hereby amended to read as follows: "1. ttome occupations, provided that:~.." D. Subsections l(e) and (f) under C, Accessory Uses, Limited to the Following, are hereby repealed. TO!¥N BO. ~ ~IEE'rING OF JUNE 19, 1973 Section 4. In Article VII, Section 700, Subsection A1 is hereby amended so as to refer to "...Section 300A, Section 400A, Section 500A, Section 600A and Section 602..." Section 5. In Article IX, Section 900, Subsection 21 is hereby amended to read as follows: "Oil, rubber or leather manufacture." Section 6. In Article XIII, Section 1301, Subsection C(2) (i) is hereby amended to read as follows: "(i) Whether a hazard to-life, limb or property because of fire, flodd, erosion or panic may be created by reason of or as a result of the use, or by the structures to be used therefor, or by the inaccessibility of the q property or structures thereon for the convenient entry and operation of fire and other emergency apparatus, or by the undue concentration or assemblage of persons upon such plot." Section 7. In Article X];, Section 1501, Subsection 10, the section reference under the entry for "SIGNS" is hereby amended to read as follows: "...Section 300C6(a)..." Section 8. In Article XV, Section 1503 is hereby amended to read as follows: "For every offense against any of the prouisions of this ordinance or any regulations made pursuant thereto, or failure to comply with a written notice or order of the Building Inspector within the time fixed for compliance therewith, the owner, occupant, builder architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Building Inspector shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding fifty dollars ($50. or imprisonment for a period not to exceed six (6) months, or both. Each week's continued offense shall constitute a separate, additional violation." Section 9. In Article XS;, Section 1504, Subsection 2 is hereby ~ amended ~o read as follows: "No certificate of 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 ~nd or use requiring a site plan approval by 'the Planning Board unless and until such special exception,C~special permit use or site plan approval has been duly granted. Every certificate of occupancy for which a special exceptin, special permit or site plan approval has been granted or in connection with which a variance has been granted by the Board of Appeals, shall contain a detailed statement of any condition to which the same is subject." Section 10. This ordinance shall take effect as provided by law. WHEREAS this board desires to hold a public hearing with respect to said amendment, NOW, THEREFORE, BE IT RESOLVED that a public hearing be held by this board with respect to such amendment at the Supervisor's Office, 16 South Street, Greenport, New York at 7:30 o'clock P.M. on the 17th day of July 1973, and it is further RESOLVED that the Town Clerk be and he hereby is authorized and directed to give notice of such he, ring as required by law. Vote of the Town Board: Ayes: Supervisor Martocchia, Justice Suter, Justice Demarest, Justice Doyen. / On motion of Justice Demarest, seconded by Justice Surer, WHEREAS the following local law being proposed Local Law No. 2-1973 was heretofore introduced at this meeting of this board, said local law being as follows, to wit: LOCAL LAW NO. 2 - 1973 A LOCAL LAW TO PROVIDE FOR THE CONTROL OF LITTER IN THE TOW/~ OF SOUTHOLD Be it enacted by the Town Board of the Town of Southold: TOIVN BOARD - 'ETING OF NOVEItIBER 23, 1974 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 $6,500.00 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, 1971, in the matter of the amendment of the town ordinance entitled "The Building Zone Ordinance of the Tow~ of Southold, Suffolk County, New York" together with the Building Zone Maps forming a'part thereof at which time all interested persons were given an opportunity to be heard with respect to said matter, and WHEREAS, this Board now deems it in the public interest that said proposed amendments be enacted, NOW, THEREFORE, BE IT RESOLVED that "The Building Zone Ordinance of the Town of Southold, Suffolk County, New York" together with the Building Zone Maps forming a part thereof consisting of six sections designated A to F inclusive and which have been signed by the members of this Board be amended as follows, to wit: ARTICLE I PURPOSES - DEFINITIONS SECTION 100 - PURPOSES - There is hereby established a comprehensive zoning plan for the Town of Southold, which plan is set forth in the text and map that constitute this ordinance. Said plan is adopted for the purposes set forth in Article t6 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 families; 4. The prevention and reduction of traffic congestion, so as to promote efficient and safe circulation of vehicles and pedestrians; 5. The maximum protection of residential areas; 6. The gradual elimination of non-conforming uses;' 7. The enhancement of the appearance of the Town of Southold as a whole; 8. The encouragement of flexibility in the design and development of land in such a way as to promote the 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. TOWN BOARD ~ETING OF NOVEMBER 23, 197 SECTION 303 - ESTABLISHED FRONT YARD SET-BACK - ~aere 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 ordifiance, the front yard set-back shall be the average setback of the existing dwellings 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 property line, height. located in the front yard, along front yard the same shall not exceed three (3) feet in (b) When located along side and rear lot lines the same shall not exceed 6-1/2 feet in height. (c) [~en located other than in the front yard area or along sid~ o~ 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 amending 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 ~ 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 by Section 300A of this ordinance. regulated 2. Multiple not more than four (4) 3. Boarding dwellings designed for and occupied by families. 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 subject to Site Plan approval by the Planning Board in accordance with Article XIV hereof. ~O~ TOIVN BOA[Ir '.EETING OF NOVE~BE}{ 23, 19' 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 - PELANTIES - For every violation of the provisions of this ordinance or any regulations made pursuant h~reto, or a failure to comply with a writte~ notice or order of the Building Inspector within the time fixed for compliance there~"ith, 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 e~ected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in vi~lation 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 process~ otherwise, may be instituted, or taken to prevent such unlawful erection, construction, re- construction, alteration, repair, conversion, amintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any ~legal act, conduct, business, or use in or about such premises. X-VI. By renumbering Article IX to be Article XVI, and amending the same to read as follows: ARTICLE 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 including the Zoning Map, bF 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 be given pursuant to the provisions of the Town Law. The Town Board, before advertising for a public hearing, shall in a written request, instruct the Town Planning Board to prepare an official report defining the conditions described in a petition and determine the area so affected with its recommendations. SECTION 1601 - FEES E~gry 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. INTERPRETATION, ARTICLE XVII 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 establishes the higher standard shall govern. J MAY BUILDING 24, 1966 ZONE ORDINANCE TOWN OF SOUTHOLD SUFFOLK' COUNTY NEW 'YORK 25c BUILD!NG ZONE ORDINANCE :.Town Of Southold Sufl:o[k Coun' y, New Yc, rk An ordinance classitying, regnlating and restricting thc height, number of stories, size of buildings and other structnrcs, thc percentage of lot that may be occupied, the size of yards and other open ~paces, the density of population, the location and use d buildings, structures and land for trade, industry, residence and other purposes, (prowdcd that such regulations shall apply to and affect only such part of the town outside the limits of any incorporated village), establishing the boundaries of districts for said pur- poses so as to promote the health, safety, morals and general welfare of the Town of Sonthold with reasonable consideration, among', other things to the most desirable nsc for whici~ the land of each district may be adapted, the · pecuIiar suitability for particular use of a district, the conserw'tion of prop- erty values and the direction of building development in accordance with a well considered plan and also to establish peualties for violation o~ these regulations aa prescribed by the statutes, Short TMe ARTICLE I ARTICLE II AILTICLE ARTICLE Ilia ARTICLE '11112, ARTICLE IV ARTICLE IVA ARTICLE ARTICLE V ARTICLE VI ARTICLE VII ARTICLE VIII ARTICLE IX ARTICLE X TABLE OF CONTENTS Section Definitions ..................................... 100 Districts ....................................... 200 "A" Residential aud Agricultural District ........ 300 "M" Multiple Residence District ................ 350 "Mi" Multiple Residence District ...... ] ....... 370 'B" Business District .................... ',: ...... 400 "B-I" Business District .............. ]]]i~.~', ..... 420 "B-2" Busiuess District ........... 440 'C" Industrial District .......................... Tourist Camps, Camp Cottages and Trailers ...... 600 Applications and Permits ........................ 700 ]Board of Appeals ............................... 800 Amendments ................................... 900 General Provisions ............................. WHEREAS, all the matters and things required to be done by the Town Law oi the State o£ New York in order that the Town Board of the Town of Soutbold. Suffolk County, State of New York, may wail itself of the powers conferred by' said law have been duly complied NOW THEREFORE, the Town Board o£ the To~vn o£ Southold, Su£- . folk Conuty, State of New York, by virtue of the authority in it by law invested hereby ordains and enacts the Mlowing ordinance, SECTION 1--This ordinance shall be known and may be cited a~ "The Building Zone Ordinance of the Town of Sou£hdd, Suffolk County, New 18--NON-CONFORMING USE -- A b:llldlng or iprmnlse~ occupied by a use symbol or mark painted upon or 20--STORY -- Thgt por/lan of plates of which, on al least two (2) DIsLrle{; an ~ea ot no~ le~ [wen~-tlve ~hou~an~ Whe lower edge of the ~lgn shall exception by tile ~oard of Appeals he~'ei~m f ter provided.) no btli]d~l~g shall be erected or altered 22--Ore r~duc~lon, OCCUF,~NCY--(a) It ~hall be un- or by the Inaecesslbihly of thc prop- (12) Whe~ller the use to be oDel'a~ecl ~ther place of public assembly. lP, le NO, 41. fce~ far each f~mll¥ or dwellin~ uaLt. BUILDING ZONE ORDINANCE TOWN OFSOUTHOLD SUFFOLKCOUNTY NEW YORK BUILDING ZONE ORDINANCE Town Of Southold Suffolk County, New York An ordiuance classifying, regulating and restricting ~the height, numb_'r of stories, size of buildings and other structures, the percentage o[ lot that may be occupied, the size of yards and other open spaces, the deusity of population, the location and use of buildings, strflctures and land for trade, industry, reqidence and other purposes, (provided that such regulations shall apply to and affect only such part of the town outside the limits of arty incorporated village), establishing the boundaries oi[ districts for said par- poses so as to promote the health, safety, morals and general welfare of the To~a,u of Southold with reasonable consideration, among other thiugs to the most desirable use for which the land of each district may be adapted, the peculiar suitability for particular use of a district, thc conserva'tion of prop- erty values and tbe direction of building development in accordance with a well considered plan aud also to establish penalties for violation of these regulations as prescribed by the statutes. Short Title ARTICLE I ARTICLE I! ARTICLE III ARTICLE Ilia ARTICLE II[B ARTICLE IV ARTICLE I\rA ARTICLE IVB ARTICLE V ARTICLE VI ARTICLE VII ARTICLE VIII ARTICLE 'IX ARTICLE X TABLE OF CONTENTS Section Definitions ..................................... 100 Districts ....................................... 200 "A" Residential and Agricultural District ........ 300 "M" Multiple Residence District ................ 350 "M 1" Multiple Residence District .............. 370 "B" Business District ........................... 400 "B-I" Busiuess District .......................... 420 "II-2" Busiuess District .......................... 440 "C" Industrial District .......................... ~00 Tourist Camps, Camp Cottages and Trailers ...... 600 Applications and Permits ....................... 700 Board of Appeals ............................... $00 Amendments ................................... 900 General Provisions ............................. i000 \~.rHEREAS, all the matters and things required to be done by the Town Law of the State of New York in order that the Town Board of the Town of Southold, Suffolk County, State of New York, may avail itself of the powers conferred by said htw have been duly complied with. NO\¥ THEREFORE, the Town Board of the Town of Southold, Suf- folk County, State of New York, by virtue of the authority in it by law invested hereby ordains and enacts the following ordinance. SECTION l--This ordinance shalI be known and may be cited as "The Buihting Zone Ordinance of the Town of Soathold, Suffolk County, New York." SECTION 100~Definitiorm--For the purpose of this Ordinance, certain building, subordinate to the main build- HOUSES~A buiIding other than a 4~BUILDING -- A ~tructure having building. eighteen (18) inches, st~ps, one (1) projections shall no~ be included in detached or semi-detached building two (2) families. ~nt of the lot on wl'dch It i~ erected, two (2~ additional vehicles Inot trucks) place of individuals who are lodging the storage of old wood, paper, cloth be sold as and for junk or salvage. approved place. ing a lo~ as defined herein. directly or indirectly. 17B--MOTEL~A building containing projecting more than 5ye (5) feet. symbol or mark painted llpOrt or in- 1[ and the ceiling next above lt. plates of which, on a~ ]eas~ two (2) than ~wo (2) fee( above the finished the soil. space extending along the side lot lines 28~SIZE OP LOT-AREA--The area ured inside all of its boundaries. _ AItTICLE I~ Dls~lets For /he purpose of this Ordinance, lhe Town of SouLhold, outside of the zhall be designated as follows: ~-The sale at retail of farm, garden or nursery products produced or grown on the premises. One (1) advertising sign, either single or double f~,ced, not larger than four (4) feet by six CH) feet in size, advertising lhe s~le of ~ 9--One (D real esf.~te sign, either three (3) feet by four (4) feet in size on which tk is maintained and set buck thousand (lOOO) feet of fronlage on the highway or highways on which the properly fronts, PROVIDED said sign than ten (10) feet from each side line. The lower edge of the sign shall be not less than three (3) feet above the ground and the upper edge o[ the khe ground. If the premises hgs a lOtions as provided in Section 408 Appeals as hereinafter provided. PROVIDED that, in case of a lot held In single and separate ownersb.~p at the effective date of this Ordtnance, having a total depth of less than one hundred (100) feet, a single family dwelling may be built thereon with a rear yard of less than twenty-five (25l feet, when authorized as a special ex- ception by the Board of Appeals as hereinafter provided and PROViDED further that in no case ~hall the rear yard be less than fifteen (15) feet. SECTION 309 -- "A" ACCESSORY BUILDINOS--In the "A" Residenilal and Agricultural District, accessory buildings may occupy forty (t0) per- cent of the requiged renr yard up to an average height of eighteen (18) feet. The y~rd agea allowed by such ~c- cessory buildings shall be included in computing the percei~tage of 1o~ area to be built upon and PROVIDED further that no building of any kind or nature shall be built %vilhin flu'ce (3~ feet of any lot 1/ne. SEC'CION 310 -- OFF- STREET PARKING AREA~In "A" Residen- SECTION 35e--In the "1~I" Multiple Residence District, no building or prem- ises shall be used, and no building shall be hereafter ereci~t or altered unless o~herwise provided in this ordinance excep~ for one (1) or more of the roi- hereinafter provided.i herelnaffer proyided. SECTION 3§l--HEIGHT -- In the building hereinafter erected or altered shall exceed thirty-five (33) feet or SECTION 352--BUILDIN~ AREA-- the total building area shmll not exceed dence District, no IJuilding shall be In the "M" 1Vfultiple Residence District, less than thirty (30) feet, SECTION 355--Where the property in the vicinity is partly built up with setback line has been established, no shall project beyond the line of the SECTION 356--In the case of a adoption of this Ordinance, a front than thirty-five (35) feet from each hereinafter Drovided. there shall be two (2) siqe yards, one ll) side yard shall be less ~h~n ten (10) feet. SECTION 3§8--REAI% YARD -- In the "A{" i%~ulfipla Residence District feet. excepii~ by the Board of ADpeals ~s ARTICLE III B "bY-l" l~fultiple Residence District SECTION 370--In the "M-I" MulLiple Residence District, no building cr premises shall be used, and no build- ing shall be hereafter erecte~l or altered unless otherwise provided in this Or- dinance except for one (Ii or more of the following us~s: 1--AIl permitted uses in "A" Resi- dential and Agricultural Dislrict~. g~Dwellings designed for and oc- cupied by not more than four (4) be used, and no building shall be here- for one (1) or more of the following plants plants. lI~PIumbing shops. 14~Upholzterer shops. mercial fuel docks and piers. l~rry docks and ferry houses. of the above permitled uses. 22~The sLripping of land to secure salisfaclory top soil for grading or other purposes is permitted, provided material so obtained is used on the immediate permises. If a building Is being constructed or aliered mat-~rial excavated in connection xvith such construction or grading on the prem- ises may be told however. Cement block manufacturing, and nalural pro- duction uses such a~ the excavation lor sale of sand, gravel, clay. shale or other natural mineral deposi~ are per- miited only a~ a special excepiion by the Board of Appeals. SECTION 40i--No building may be erected, altered, or used, and no lot or that has been adjudicated a public coed fifty (50) feet. SECTION 403 -- "B" BUILDING AP. EA--In the "B" Business District. no building shaJl be creeled or altered the lot area. setback line hgs been established, no shall project beyond the line of the In the "B" Buslnes~ District. if a braid- having a mininmm depth of fifteen (15) feet. PROVIDED further that, the case such building Is over forty (40) feet high, the depth of the rear yard shall be Increased five (5) feet for each ten (lO) feet or fraction thereof which the building exceeds forty (40) feet in height. POPULATION--In the "B" Business District, no building shall hereafter be (20) families on one (I) acre of ground acre of land, based on the require- SECTION 408 -- SIGNS -- Unless ceptlon by the Board of Appeals as hereinafter provided, the following District: (a) DETACHED 01% G R OU1Nqg) SIGNS -- One (1) sign, single or double faced, not more than ~lx (6) feet slx (6) inches In height and twelve (12) feet six (6) inches in width, lhe lo.er edge of which shaJl be not less than ti~ee (3) feet above the ground and the upper edge of which shall not extend mere than fifteen (15) feet six 16) inches above the ground, which sign shall be set back not less than five (5) feet from all street and prep- erty lines and shall advertise only the business conducted on the premises. Cb) WALL SIGNS--One (I) ~lgn at- tached to or incorporated In each building wall on a public street and advertising only the business condffet- ed in such building, provided such sign I- Exceed two (2) square feet in 2 -- Exceed in width one hun~,~d (100) percent of the horizontal meas- urement of such wall. g--Exceed ten (10) feet in heighL and 4--Exceed fifteen (15) feet six (6) Inches from ground level to t.he upper edge of sign, and 5~Project more than one (1) foot from such wall. lc) RO01~ SIGNS--In lieu of a wall sign authorized by the preceding sub- division (b), a roof ~ign shall be permitted provided the same is tached to or incorporated in a roof, which sign shall advertise only the business conducted in the building upon which It is attached, and pro- · lded that such sign does not: l~Exceed two (2) square feet in roof, and of the roof in the ca~e of a pitched two (2) feet slx (6) inches in height above the highest pomt of the roof, 3~Project beyond the edge of the SECTION 42(~-I-q the "B-I" BUS/- nes~ District, no building or prer~l~es shall be used and no building shall be hereafter erected or altered umlesS otherwise provided in this Ordtnance except for one (1) or more of the following uses: and "B-2" Business Districts 2. The following uses when author- 7aomrd of Appeals as hereinafter pro- fl. Places of amusement b. Public g~rages. e. Fishing stations. ARTICLE V a dwelling, there sh~ll be a rear ya~i having a minimum depth o! flfiy (50) feel. sions of Article IV, Section 408 of this Ordinance shall apply to signs in a "C' Industrial Dlstrick thirty (30) feet, prowded further that by a railroad right-of-way or on a rear line by a r~llroad right-of-way, there or private right-of-way of at lemst tbArly (30) feet. SECTION 504~"C" SIZE OF LOT AREA--In the "C" Industrial Dis- trict, no building shall be erected or altered on a lot having an area of less than twelve thousand five ~undred (12,500) square feet and a frontage of less ~ha.u one hundred (10/)) feet. SECTION 505 -- OF/?- STI~EET fieate of Occupancy shall have been Issued by th~ Building Inspector. Such Certificate shall indicate that ~uch building or premises or part thereof any building or premises may be issued be established by the Town Board. SECTION 705~For each application hereinafter provided, there shal[ be a fee of five dollars ($5.00l accompany- ing the application or appeal. SECTION ~06--A1] permtts shall ex- the renewal fee to be one half the original fee. SECTION 707- For each proposed 902 of Arlicle IX of this Ordinance. ARTICLE VIII Board of Appeals SEOTION 80~ -- The Town Roard shall appoint a Board of Appeals con- (4) The availiability of adequmte a.nd proper public or private facilities for the treatment, removal or discharge of sewage, refuse, or other elIluent (10) Whether tile use, or the s~ruc- (11) %Vhether the plot area Is suf- other pI~ce of public assembly. (c) The Board of Appeals shall, in (2)- When, in its judgment, the prov/ded that the legalIy eslablished or the Board o[ Appeals m~y, after public not/ce and hearing and subject to ap- permik ia) %Vhere a district boundary tine divides a lot which is proved to 1he e~ ~ince such date, the le~s restricted use may be adjusted to ex~end to the whole or any part of such lot but no~ more than fifty (50~ feet beyond the boundary line of £he use district in which sa!d 1o~ Is located. (bi If the less restricted use ~hall be extended ten (10~ feet or more ~ithin a residenNal use district, a permanen~ open apace for a rear and ~ide yard of nat less than ~en (i0) feet shall be provided Ior and main- ~ained wJihin the lot area as so ex- tended. Also in such event, if the less restricied use be extended more than ten ¢I0) feeL, the .~aid minimum rear ~nd side yards shall be increased by one (I) foot for each additionat ten il0) feet of such extension. SECTqON 802--'~he Board of Appeals the Board of Appeals of an appeal or Amendments SECTION 900- The Town Board upon its own moLlon or by l~etitlon may. from time to time. amend, sup- Ordinance including the Zoning Map. by proceeding in the following ma~uaer; Planning Board io prepare an of~iclal of that immediately adjacent thereto. extending one hundred il00) feet feet from the street frontage of such favorable vote of at least four (4) full opportunity to be he~rd shall be AP. TICLE X General Prov/sions EECTION 1000~Xn a Residential and Agricultural D~strict where a lot abuts on a parkway, the lot shall be con- sidered to front ~nd have ~ fron~ yard and where the buildin~ accords a,ith by this ordinance for the district tn of Appeals. The location of any o~her be subject to ~he approval of ti~e Zon- SECTION 1004~In any dislrlct, no Public Garage for more than three (3) ING USES -- Unless otherwise au- la) The lawhil use of a bkulding ~r premises existing on the effective date of this Ordinance, or authorized by a building permit issued prior thereto, may be continued although such use according to the provisions of this lc) Whenever a dislrict shall here- of a building or premises has been dis- two (2) years, or changed to a higher anything in this Section to the con- forming ltse of such building or prem- Health of the County of Suffolk, and not In conflict with any of the pro- visions of this Ordinance; PROVIDED, however, that v4here this Ordinance ed, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this Ordinance, or of In addition to other remedies provided granted by the Board of Appeals hereinbefore provided. (e) A non-conforming building may percent of the fair value of the build- ing, unless the use of such building is (f) A non-conforming building which has been damaged by fire or other (50) percent of its fair value shall not of such building is changed to a con- zoned on the Zoning Map. ~hey shall be considered to lie within ibc "A" ~esidential and Agricultural District the Town of Southold except upon the SECTION 1009~VALIDITY--Should petent jurisdiction lo be invalid, such of the To~%m. It is nol intended by this SECTION 1012--PENALTIES -- For any s. nd every violation of the pro~l- SECTION 1013 -- EXCEPTIONS AS TO CERTAIN SUBDIVISION LOTS-- tm) All of Lhe lots on a ccrLain map old, Suffolk County, New York, riled ,a) Su~-dlviston Map of Founders Estates. d~ted March 15, 1927. and amendments thereto; ~4) Map of Sub-division known az Kennewood, da~ed January 9, 1954, filed a~ Map No. 2180; (5) Map o[ Southwood, Map file No. 2141; (6) Plan of Lots owned by George H. Wells, Southold, N, Y, Map file No. 859: tT) Bayside Terrace, Bay View, Southold, N. Y. File No. 2034; old, N. Y. l~lmp of April 20, 1937, File N. Y. da~ed September 26, 1925, File Map by O W. Van Tuyl, No. 1179; At a meeting of the Town Board of the Town of Southold held at the Supervisor's Office, Greenport, New York, on the day of 1964. WHEREAS, this Board desires to amend the provisions of the Building Zone Ordinance of the Town of Southold as hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED, that the Town Clerk of the Town of Southold be and he hereby is authorized and directed to transmit to the Planning Board of the Town of Southold a certified copy of this resolution together with a request in writing to said Planning Board instructing said Planning Board to prepare an official report with their recommendations on said proposed amendments pursuant to the provisions of Article IX, Section 900 of the Building Zone Ordinance of the Town of ;outhold, said proposed amendments being as follows, to wit: I. By amending Article III, Section 300 of said Ordinance by adding a new subdivision, to be Subdivision 4A, to read as follows: 4A. Stables and riding academies, when authorized as a special exception by the Board of Appeals as hereinafter provided. II. By amending Article III, Section 300, Subdivision 6 of said Ordinance to read as follows: 6. Public utility buildings, structures, or facilities, when authorized as a special exception by the Board of Appeals, as hereinafter provided. III. By amending Article IV, Section 400, Subdivision 5 of said Ordinance to read as follows: 5. Offices, banks and financial institutions. IV. By amending Article X of said Ordinance by adding thereto a new section to be Section 1000B, to read as follows: SECTION 1000B - In any District, no dwelling shall be hereafter erected or altered unless provision shall be made therein for not less than eight hundred and fifty (850) square feet of space within the exterior of the foundatinn walls at ground level exclusive of a garage, car park, car port, open porch or terraces, or other extensions outside the body of the house. -2- BUILDING ZONE ORDINANCE TOWN OF SOUTHOLD SUFFOLK COUNTY NEW YORK APRIL 28, 1958 PRICE 25c AMENDi~iENTS TO BUILDING ZONE ORDINAN_CE SI/~i. CE APRIL 29, 1958 (Amendment to Article X, section 1012, adopted AugUst 12, I958 and bec~me effective AugUst 31st, 1956) ARTICLE X, SECTION 1012--pENAL- TIES--For any and every violation of the provisions of this ordinance, the owner, the general agent, or contrac- tor of a building or premises, where such violations have been committed or shall exist, and the general agent, architect, builder, contractor or any other person who knowingly commits, takes part or assists in any such vio- lation or who maintains any buildings or premises in which any such vio- lation shall exist, shall be guilty of an offense. Each week's continued viola- tion shall constitute a separate addi- tional violation. Such fines or penal- ties shall be collected as like fines are now collected by law. iAmendment to Article I, section 100, adopted November 25, 1958 and bec~me effective December 14, 1958) ARTICLE I, section 100~--gA-FAS/IILY --one or more persons occupying prem- ises as a single housekeeping unit. (Amendment to Article VII, a new section to be 705B, adopted November 25, 1955 and became effective Decem- ber 14, 1955) Ai%TICLE VII, Section 703]~CERII- FICATE OF occUPANCY -- ia) shall be unlawful to use or permit the use of any building or premises or part thereof, hereafter created, erected, changed, converted or enlarged wholly or partly, in it use or structure until, a Certificate of Occupancy shall h°~ve been issued by the Building Inspector. Such Certificate shall indicate that such building or premises or part thereof and the proposed use thereof are in conformity with the provisions of this ordinance. (b) Under such rules and regulations as may be estaolished by the Board of Appeals, a tempolary Certificate of Occupancy for a part of any building or premises may be issued by the Building Inspector. (c) Upon written request from the owner or oc- cupant, the Building Inspector shall issue a Certificate of Occupancy for any existing lawful use and occupancy of a building or premises. (Amendment to Article X, a new sec- tion to be 1000A, adopted Nove'nb~r 25, 1958 and became effective Decem- ber 14, 1958) ARTICLE X, SECTION 1000A--NO lot shall be sold, divided, or set off in such a manner that either the portion sold, divided, or set off, or the portion remaining shall have an area and/or open spaces of less than that prescrib- ed by this ordinance for the district in which said lot is located. AMENDMENT TO BUILDING ZONE ORDINANCE SINCE DECEMBER 14, 1958 (Amendment to Article II, Section 200, adopted October 4, 1960 and be- came effective October 29, 1960.) ARTICLE II, SECTION 200 -- USE DISTRICT I%EGULATIONS -- For the purpose of this Ordinance, the Town of Sonihold, outside of the incorporated villages, is hereby vided into four (4) classes of dis- tricts which shall be designated as follows: "A" RESIDENTIAL AND AGRI- CULTURAL DISTRICTS "M' MULTIPLE RESIDENCE DISTRICTS "B' BUSINESS DISTRICTS "C" INDUSTRIAL DISTRICTS. (Amendment to Article III, Section 300, Subdivision 9, adopted October 1960 and became effective October 29, 1960.) ARTICLE III, SECTION 300, SUB- DIVISION 9-- The sale at retail of farm, garden or nursery products produced or grown on the premises or of animals raised on the premises. One (1) advertising sign, either single or double faced, not larger than four (4) feet by six (6) feet in size, ad- vertising the sale of farm, garden or nursery products produced or grown on the premises or of animals raised on the premises. (Amendment to Article rlI, Section 300, Subdivision 10, adopted October 4, 1960, and became effective October 29, 19603 ARTICLE III, SECTION 900, SUB- DIVISION 10- One (1) real estate sign, either single or double faced, not larger than three (3) feet by four (4) feet in size on any one (1) or more lots, advertising the sale or lease of only the premises on which it is maintained and set back not less than the required front yard distance and not less than ten (10) feet from each side line. (Amendment to Article IliA, Section 356, adding thereto Subdivision IA, adopted October 4, 1960 and became effective October 29, 1960.) A~TICLE IIIA, SECTION 350, SUB- DIVISION 1A--Two (2) Family Dwell- ings. (Amendment to Article ILIA, Section 360, Subdivision 2, adopted October 4, 1960 and became effective October 29, 1960.) ARTICLE IIIA, sECTION 360, SUB- DIVISION (2)-- On premises used for hotel, motel, boarding and tourist house purposes, unless otherwise provided as a special exception by the Board of Appeals as hereinafter provided, one (1) ndvertlsing sign, either single or double faced, not exceed- ing fifty (50) square feet in area, the lower edge of which shall be not less than four (4) feet above the ground, and the upper edge of which shall not exceed more than thirty- five (35) feet above the ground. Such sign shall advertise only the business conducted on the premises, and shall be set back not less than five (5) feet from all street and property lines. (Amendment to Article IV, Section 490, Subdivision 7, adopted October 4, 1960, and became effective October 29, 1960.) ARTICLE IV, SECTION 400, SD'B- DIVISION ~-- Places of amusement when approved as a special exception by the Board of Appeals as hereinafter provided. (Amendment to Article IV, Section 400, Subdivision 9, adopted October 4, 1960. and became effective October 29, 1900.) ARTICLE IV, SECTION 400, SUB- DIVISION 9-- Public garages motor vehicles service stations and parking lot areas for the storage of new or used motor vehicles for sale or hire, when approved as a special exception by the Board of Appeals as hereinafter provided. AMENDMENT TO THE BUILDINC ORDINANC. E SINCE FEBRUARY 361. (Amendment to Article III, Sec- tic~ 300, Subdivision 7, adopted March 29, 1962 and became effective April 19, 1962.) ARTICLE III, SECTION 300, SUB- DIVISION 7 -- 7 - Accessory buildings, includ- ing one (1) private garage, when such accessory buildings are located in the rear yard, or a private garage within or attached to the dwelling. (Amendment to Article IV, Section 408, Subdivision (b), Subsection 2, adopted March 29, 1962 and became effective April 19, 1962.) ARTICLE IV, SECTION 408, SUBDIVISION (b), SUBSECTION 2 -- 2 - Exceed in width one hundred (100) percent of the horizontal measurement of such wall. (Amendment to Article ~V, Section 408, adopted March 29, 1962, and became effective Aprll 19, 1962.) ARTICLE IV, SECTION 408, SUBDIVISION (c) - ROOF SIGNS - In lieu of a wall sign authorized by the preceding sub- division (b), a roof sign shall be permitted provided the same is attached to or incorporated in ~ roof~ which sign shall advertise only the business conducted in the building upon which it is attached, and pro- vlded that such sign does not: 1. Exceed two (2) square feet in total area for each lineal foot of such roof, and 2. Extend above the highest point 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 f -he roof, and ~. pro3ect beyond the edge of the roo.f. OBDX~AZ~CE $I/~CS AFRXL 19, 1962. (Amen~ent to ~tl~le may ~ only ~d of Ap~als as he&einaf~r (Amendment to Article V, Sect~ 500, SubdlvtSio~ 1, adopte~l February 26, 1963 ~ ~:~me effectt~ April ~TXC~ V, s~TX~ 500, 500, su~tvt~ton 7, a~p~-- 26, 1~3, a~d ~c~ effective ~T~ V, s~TX~ 5~, $~D~VXSX~ 17~ 17. ~ge, offa~ ~ dead an~l~, ~nt ~ ~ticle V, S~tl~ 500. s~div~i~ 34, a~ed F~arY 26, 1~3, and ~ effective April 1, X~. ) ARTX~ V, sECTX~ 500, s~D~SX~ 34 34. St~k~r~ or slaughter houses. !Amendment to Article VII, Section 705~ adopted March 29, 1962, and be- came effective April 19, 1962.) ARTICLE VII, SECTION 705 -- SECTION 705 - For each applica- tion or Appeal to the Board of Appeals as hereinafter provided, there shall be a fee of five dollars ($5.00) accompanying the application or appeal. 'BUILE~ING ZONE ORDINANCE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK (As Amended to April 8, 1958) of Southoid, Suffolk County, 2qew the word "structure", the word "lot" nlcludes the word "plot" and the WOrd 1 lot as defined herein. pro~'ecting more than five (5) feet. runs parallel to the street line at a distance as so indicated. When the location of a district boundary line is not otherwise determined, it shall be deterrained by the scale of the map measured from a given line. Where the street layout, actually on the ground, varies from the street layout as shown on the zoning maps, the designation shown on the mapped streets shall apply in such a way as to carry out the real intent and purposes of this Ordinance for the particular area in question. SECTION 204 -- Where a district boundary line divides a lot in a single ownership at the time of passage of this ordinance, the Board of Appeals, as hereinafter provided, may permit the less restricted use to extend to the whole or any part of such lot. ARTiClE II~ "A" Residential snd Agricultural District ~ECTION 300--In the "A" Residen- tial and Agricultural District, no build- lng or pren~ses shall be used and no building shall be hereafter erected or altered unless otherwise provided in this Ordinance, except for one (1) or more of the following uses: 1--One (I) family dwellings. 2--Churches, schools, libraries. 3_Non-commercial park~, play- grounds, athletic fields, bathln~ beaches, bathhouses or boathouses. 3A~Marinas or boat basins for the thorized as a special exception by the Board of Appeals as herein- after provided. 4--Agricultural farms, poultry farms. cuing (does not include farms for the raising or breeding of ducks). 5--Clubs, fraternity houses and golf 6~ailway passenger stations. ~--Accessory buildings, including one (1) private garage, when located not less than fifty (50) feet from the fron~ lot line or a private garage within or attached to the dwelling. ~--Uses customarily incidental to any of the above uses when located on the same lot and not involVing the conduct of a separate business. This shall be understood to in- clude the professional office or studio of a doctor, dentist, teacher, tan, lawyer, magistrate or prac- titioner of a similar character or including dressmaking, millinery or similar handicrafts, pROVIDED that the office, studio or occupa- tional rooms are located in a dwell- ing in which the practitioner resides and in a building accessory thereto, and pROXrfDED further, no goods are publicly displayed on the prem- ises and no sign or advertisement is shorn other than a slmu not larg- er than ~wo (2) scuare feet in total practitioner. 9 The sale at retail of farm gar- den or nursery products produced on the premises or of animals raised on the premises. One (1) advertis- ing sign, either single or double faced, not exceeding twents,-four (24) square feet per face area, ad- vertising the sale of farm garden or nursery products produced on the premises or of animals raised on the premises. l(]~--One (1l real estate sign, either single or double faced, not larger than twelve (12) square feet in area on any one (1) or more lots, vertising the sale or lease of only the premises on which it is main- tained and set back not less than the required front yard distance and not less than ten (10) feet from each side line. V/hen the advertising sign is for the purpose of the sale or lease of acreage, or the sale of lots in a subdivision, one (1) real estate sign, either single or double faced, not exceeding twenty-four (24) square feet will be permitted on each five hundred (500) feet to one thousand (1000) feet of frontage on the highway or highways on which the property fronts, PRO- VIDED said sign is set back not less than the front yard restric- tions required and not less than ten (10) feet from each side line. The lower edge of the sign shall be not less than three (gl feet above the ground and the upper edge of the sign shall not extend more than fifteen (15l feet six (6) inches mbove the ground. If the premises has a frontage of less than five hundred (500) feet, the sign shall have an area of not more than twelve (12) square feet and the same restrictions shall apply. ll--Signs as provided in Section 408 of this Ordinance when authorized as a special exception by the Board of Appeals as hereinafter provided. of its area prior to the adoption of this Ordinance, unless not less than one (1) parking space Ior each family four (4) families. (I00) feet. the line of the average setback so established. established on each slreet, the yard depth shall be established on a ]me with said average setback lines been established, the requh-ed front five (35) feet from each street line ception by the Board of AppeaLs as hereinafter provided. SECTION 357--SIDE YARDS -- In the "M" Multiple Residence Dis- trict, there shall be two (2) side yards, one (1) on each side of the buildings, the total ago°regate of both side yards shall De twenty- five (25) feet and no one (1) side yard shall be less than ten (10) feet. 2--Ail permitted asea as outlined in e--liospitais and clinics, other than SECTION 402--"B" HEIGI-1T--In me "B" Business District, no building hereafter erected or altered shall ex- ceed fifty (50) feet. Ai~EA--In the "B" Business District, no building shall be erected or altered or used in whole or in part as a dwell- ing to exceed seventy (70) percent of the lot area. In the "B" Business District, the re- quired front yard shall be at least twenty-five (25) feet. SECTION 405--V/here property in 4. Exceed fifteen (15) feet six (6) inches from ground level to the upper edge of sign, and 5. Project more than one (1) foot from such wall. SE~TION 409--"B" SIZE OF LOT AREA--In the "B" Business Dis- trict, no building shall be erected or altered on a lot having an area of less than seventy-five hundred (7,500) square feet and a frontage of less than fifty (50) feet. District, no building shall be hereafter erected, or altered or added to in ex- cess of fifty (50) percent of its area prior to the adoption of this Ordinance, unless a minimum provision for off- street parking shall be made as follows: (a) Hospitals- One (1) parking space for every four (4) beds. (b) Theatres and Restaurants--One (i) ,parking space for every seven (7) seats. (c) Dwellings -- One (1) parking space for every dwelling unit. (d) Hotels -- One (1) parking space fro' every two (2) rooms. (e) All places of public assembly such as auditoriums, churches and for similar uses -- One (1) parking space for each seven (7) permanent seats or an area equivalent to seven (7) per- mancnt seats. (f) All structures where offices or living quarters are provided over the first floor, an additional space shall be provided for each office or for each dwelling ullit. (g) Ali other business buildings where the ground floor area is in ex- cess of two thousand five hundred (2,500) square feet- One (D parking space for each two hundred (200) square feet of building area or frae- tion thereof in excess of two thousand five hundred (2,500) square feet. The formula for providing an ade- quate parking area is an area of three hundred thirty-four (334) square feet per required motor vshicle unit. "C" Industrial District SECTION 500~-In the "C" industrial District, all buildings and premises, ex- cept as otherwise provided in this Ordinance, may be used for any use except the following: 1--Abattoirs (except as a special ex- ception by the Board of Appeals as hereinafter provided). 2--Acetylene gas manufacture or gas manufacture from coal, coke, petroleum or Irom any other product or the stor- age thereof. g--Acid manufacture. chlorine manufacture. 5--ATsenal. 6--Asphalt manufacture. 7--Blast furnace. ~--Cement, linde, gypsum or plaster 9--Coke ovens. 12--Dwellings, ali types. other j~unk yards. 32--EmeRLqg. feet. less than twelve thousand five hundred (12,500) square feet and a frontage of less than one hundred (100) feet. SECTION 505 -- OFF-STREET trial District, no building shall be hereafter erected or altered or added to in excess of fifty (50) percent of its area prior to the adoption of this Ord- off-street parking shah be made as (a) All buildings where the ground floor area is two thousand five hundred (2,500) square feet -- One (1) parking space for each two hundred (200) square feet of building area or fraction hundred (2,500) square feet. (b) All places of public asseninly -- One (1) parking space for each seven lent to seven (7) permanent seats. (c) All structures where office~ are provided over the first floor -- An ad- ditional parking space shall be pro- vided for each office. The formula for providing an adc- hundred thirty-four (334) square feet per required motor vehicle m~t. ARTICLE VI Tourist Camps, Camp Cottages SECTION 600 -- PEPs,MITS RE- QUIRED -- No tourist camp shall be established, maintained or operated in any district, nor shall any tent, tent- house, camp-cottage, house-car, or trailer, to be USed or occupied as a place for living, sleeping or eating, whether charge is or is not made, be erected or placed therein, unless au- thorized by the Town Board pursuant to the provisions of the TraiIer Camp Ordinance dated June 30, 1953. BECTION 601 -- AUTOMOBILE TRAILER OR HOUSE CAR--Not- withstanding any other provisions of this Ordinance, a single auto- located outside a tourist camp only Board, and subject to such Conditions as may be prescribed by the Town Board. SECTION 604--Article VI shall not or seasonal camp of any unit of the Boy Scouts of America or the Girl Scouts of America or other such or- ganizations under the leadership pro- vided by said organizations respective- ARTICLE VII ApPlications and Permits SECTION 700~--It shall be the duty of the Building Inspector, or such per- son as designated by the Town Board, and he is hereby given the power and authority to enforce Che provisions of SECTION 701--The BUilding Inspec- tor shall require that the application for a building permit and the avcom- partying plot plan shall contain ail the to ascertain whether the proposed bufl~ing compiles with the provisions of this Ordinance. $ SECTION 702--No building permit shall he isSued until %he Budding In- spector has certified that the proposed building or addition complies with all the provisions of this Ordinance. SECTION 703--A permit will be re- quired prior to Che commencing of WOrk for the erection or additions to ail resi- dence, bus/ness and industrial build- ings, Accessory buildings including all types of farm build/ngs except camps do not migrant require a permit provided that all use, height and yard require. meats have been complied with. SECTIOr¢ 703A--A permit will be required prior to the erection of or adcfition to all signs except signs permitted by Article III, ~ection 300, paragraphs 8, 9 and 10 of this Ordinance. Metal identification tags, serially numbered shall be affixed by the Building Inspector to all signs for which a permit is required. SECTION ?04~-AII permit fees and fees for certificates of occupancy shall be established by the Town BOard. SECTION 705--For each application or ~Ppeal to the Board of Appeals as hereinafter provided, there shall be a fee of fifteen dollars ($15.00) accom- panying the Application or Appeal. SECTION 706--All permits shall ex- Pire in one (1) year of issuance thereof, the renewal fee to be one half the original fee. SECTION 707--For each proposed change of the Ordinance or change of the Zoning AIap as provided by Section 902 of A~tiele IX of this Ordinance, there shall be a fee of twenty-five dol- lars /$25.00) accompanying the pet tion. ARTICLE VIII Board of Appeals SECTION 800 -- The Town Board shall appoint a BOard of Appeals con- sisting of five (5) members as provided by the Town Law. SECTION 801-A--The Board of Ap- peals may, in a specific case after Pub- lic notice and hearing, and subject appropriate conditions and safeguards, determine and vary the apPlication of the regulations herein established in harmony with their general purpose and intent as follows: the following: (a) Before such approval shall be given, the Board of Appeals shall de- posed by the Town or by other corn- use shall be had; (9) VCnether a hazard to hfe, llmb other emergency apparatus or by the undue concentration or assemblage of persons upon such plot; Ilo) 'Whether the use, or the struc- tures to be used therefor, will cause an overcrowding of land or undue con- centration of population; (11) Whether the plot area is suf- ficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof; and (12) Whether the use to be operated is unreasonably near to a church, school, theatre, recreational area or other place of public assembly. (c) The Board of Appeals shall, in authorizing such permissive uses, ia- it may deem appropriate, necessary or desirable to preserve and protect the spirit and objectives of this Ordinance. (II) When, in its judgment, the pub- lic convenience and welfare and Justice will be substantially served, and pro- vided that the legally established or permitted use of neighborhood proper- ty and adjacent use districts will not be substantially or permanently in- jured, the Board of Appeals may, after public notice and hearing and subject to appropriate conditions and safe- guards as outlined, authorize the grant- ing of a permit. (al Where a district boundary line divides a lot which is proved to the satisfaction of the Board of Appeals to ship at the effective date of this Ordin- ance, and the total area of which lot since such date, the less restricted use may be adjusted to extend to the whole or any part of such lot but not more than fifty (50l feet beyond the boundary line of the use district in which said lot is located. lb) If the less restricted use shall be extended ten (10) feet or more within a residential use district, a permanent open space for a rear and side yard of not less than ten (10) feet shall be provided for and main- tained within the lot area as so ex- tended. Also in such event, if the less restricted use he extended more than ten (10) feet, the said minhnum rear and side yards shall be increased by one (1) foot for each additional ten (10) feet of such extension. SECTION 80~--The Board of Ap- peals shall make rules as to the man- ner of filing appeals or applications SECTION 803--Upon the filing wlth the Board of Appeals of an appeal or of an application for special exception or variance, the Board of Appeals shall fix a time and place for a public hear- ~ng thereon and shall g~ve notice there- of as follows: (a) By publishing a notice thereof in accordance with the Town Law. ARTICLE IX SECTION 900~The Town Board upon its own motion or by petition may, from time to time, amend, sup- plement, change, modify or repeal this Ordinance including the Zoning Map. 6 by proceeding in the following manner: SECTION 901--The Town Board by Resolution adopted at a stated meeting shall fix the time and place of a public hearing on the proposed amendment rising for a public hearing, shall in a written request, instruct the To~n report defining the conditions described in a petition and determine the area so effected with their recommenda- SECTION 902--In case, however, cf a protest against such change, signed by the owners of twenty (20) percent included in such proposed change, or of that immediately adjacent thereto, cxtending one hundred (100) feet therefrom, or of that directly opposite thereto, extending one hundred (lC0) feet from the street frontage of such opposite land, such amendment shall not become effective except by the favorable vote of at least four (4} SECTION 903--At a public hearing full opportunity to be heard shall be given to any citizen and all parties in interest. ARTICLE X General provisions SECTION lO00--In a Residential and Agricultural District where a lot abuts on a parkway, the lot shall be con- sidered to front and have a front yard on the street and also on the parkway and where the building accords with this section, a private accessory garage may be incorporated in the building or attached thereto regardless of distance SECTION I001 -- Notwithstanding any other provisions of this Ordin- date of this Ordinance shall with- provide suitable screening in the form of fencing or hedges complete- ly around fhe periphery of the area used for such purposes, and the type of fencing and hedges shall be sub- ject to the approval of fhe Board of Appeals. SECTION 1002 -- Notwithstanding any other provisions of this Ordin- effective date of this Ordinance which does not conform to the pro- visions of this OrdinanCe, shall within five (5) years from such date be discontinued unless its con- exception by the Board of Appeals SECTION 1003--The Planning Board shall studY the application of this Or- dinance and shall, from time to time, recommend to the To~m Board such changes in the Ordinance and in the boundaries of the various dhstricts as it shall deem advisable to further pro- mote the health, safety, morals or the general welfare of the community. other structure and no hedge, tree, shrub or other growth shall be erect- twenty (20) feet from the inter- fore provided, the following pro- (d) Whenever a non-conforrrflng (e) A non-conforming building inrally altered during its life to an e~tent ex¢~eCfin.~ .~u aggcegatc cost fifty (50) percent of the tair value in addition to other remedies provided otherwise, may be instituted, or taken building, structure or land or to pre- ~eneral agent, or contractor of a build- sists in any such violation or who ? BUILDING ZONE ORDINAN TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK An ordinance classifying, regulating and restricting the height, number of staries, size of buildings and other structures, the percentage of lot that may be occupied, the size of yards and other open spaces, the denqty of popu- lation, the location and ~se of build- trigs, structures and land for trade, dustry, residence and other purposes, (provided that such regulations shall apply to and affect only such part of -the town outside the limits of any in- corporated village), establishing the boundaries of districts for said pur- poses so as to promote the heaIth, safe- ty, morals and general welfare of the Town of Southold with reasonable con~ sideration, among other things to the most desirable use for which the land of each district may be adapted, the peculiar suitability for particular use of a district, the conservation of prop- erty values and the direction of build- ing development in accordance with a well considered plan and g~so to estab- lish penalties for violation of these regulations as prescribed by the sta- tutes. TABLE OF CONTENTS Short Title Section Article 1 Definitions i00 Article 1I Districts 200 Article III "A" ResidentiaI and Agricultural District 300 Article IV "B" Business District 400 Article V "C' Industrial District 500 Article VI Tourist Camps, Camp Cottages and Trailers 600 · ~vtlcle VII Applications and Per- mits 700 Article VIII Board of Appeals 800 Article IX Amendments 900 Article X General Provisions 1000 WHEREAS, all the matters and things required to be done by the Town Law of the Slate of New York in order that the Town Board of the ToWn of Southold, Suffolk County, State of New York, may avail itself of the powers conferred by said law have been duly complied with. NOW THEREFORE, the Town Board of the Town of Southold, Suffolk Coun- ty, State of New York, by virtue of the aulhority in it by law invesled, hereby ordains and enacls the follow- ing ordinance. SECTION 1--This ordinance shall be known and rmay be cited as "The Building Zone Ordinance of the Town of Southold, Suffolk County, New York." ARTICLE I SECTION 100--Definitions---For the purpose of this Ordinance, certain terms and words are, herewith, defined as follows: Words used in the present tense in- clude the future, the singular number includes the pluraI and the plural the singular, the word "building" includes the word "structure", the word "lot" includes the word "plot" and the word "shall" is mandatory and not directory. 1--ACCESSORY BUILDING -- A building, subordinate to the main build- ing on a lot and used for purposes customarily incidental to those of the main building. 2--AN ACRE -- An acre as applic- able to this Ordinance shall refer to the land exclusive of street areas. 3--BOARDING AND TOURIST HOUSES. A building other than a hotel where lodging, with or without meals, for six or more persons is furnished for compensation. 4--BUILDING -- A structure having a roof supported by waus and when separated by a party wall without openings, it shall be deemed a separate building. 5--BUILDING AREA -- The aggre- gate of the maximum horizontal cross section area of the buildings on a lot. excluding cornices, eaves, gutters or chimneys projecting not more than eighteen (18) inches, steps, one (1) story open porches, bay windows, not extending through more than one (II story and not projecting more than five (5) feet, balconies and terraces. 6--BUILDING HEIGHT -- The ver- ticle distance measured from the curb level to the highest point of the roof surface, if a fiat roof, to the deck line of a mansard roof, and t~ the mean height Ievel between eaves and ridges for a gable, hip or gambrel roof PRO- VIDED that chimneys, spires, towers, elevator penthouses, tanks and simular projections shall not be incinded in the height. For building set back from the street line and where no curb ex- ists, the height may be measured from the average elevation of the ground surrounding the building. 7--DWELLING--ONE ITA1ViILY--A detached building designed for or oc- cupied exclusively by one (1) family. 8--DWELLING~TWO FAMILY -- A detached or semi-detached bulk[lng designed for or occupied exclusively by two (2) families. 9--DWELLING--MLrLTIPLE -- A building or portion, thereof, designed for or occupied as a home for three (g) or more families or households, living independently of each ether. 10--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 ten- ant of the lot on which it is erected, and for the storage of not exceeding two (2) additional vehicles (DOt trucks) owned or used by others. Il--GARAGE - PD-BLIC--A building other than a private garage, used for housing or care of gasoline or othei power driven vehicles, or where such vehicles are equipped for operation, re- paired or kept for remuneration, hire 12--HOTEL--A building oceuptsd as the more or less temporary abiding place oI individuals who are lodging Page 1 with or without meals and in which ~re are more than ten (i0) rooms ~ally occupied singly and no pro- vision made for cooking in any in- dividual apartment. 12 A--AUTO1ViORCLE WI%ECKING AND ALL OTItER JUNK YARDS-- Land occupied or to be occupied for the storage of old wood, paper, cloth or metal, including old automobiles, trucks, equipment, machinery, fixtures and appliances not usable as orginally designed; and aMo including any por- tions of such old automobiles trucks, equipment or machinery as are or may be sold as and for junk or salvage. 13--LOT--Land occupied or to be oc- cupied by a building and its accessory buildings together with such open spaces as are required under this Or- dinance and having its prtocipal front- age upon a public ~treet or officially approved place. i~4--LOT-CORNER--A lot situated at the junction of two (2) or more streets. 15--LOT-INTERIOR--A lot other than a corner lot. 16--LOT-THROUGH--An interior lot having frontage on two (2) streets. 17--LOT LINES--The lines bounding a lot as defined herein. 18--NON - CONFORMING USE4 building or premises occupied by a use that does not conform with the regu- lations of the use district in which it is situated. 19--SETBACK--The minknuln hori- zontal distance between the street or lot ]ine (front, side, or rear, as the case may be) of the building or any projection, thereof, excluding steps, open terraces, and bay windows not projecting more than five (5) feet. 20--STORY~That portion of a build- ing included between the surface of any floor and the surface of the floor next above it or if there be no floor above it, then the space between it and the codling next above it. 21--STORY-HALF--A story under a gable, hip or gambrel roof, the wail plates of which, on at least two (2) opposite exterior walls, are not more than two (2) feet above tim finished floor of such story. 22--STRUCTURE--Anything construc- ted or erected, the use of which re- quires a more or less permanent lo- cation on the soil, or attached to some- thing having a permanent location on the soil. 23~TRUCTURAL ALTERATIONS-- Any change in the supporting members of a building, such as bearing walls, columns, beams or girders. 24~YARD--An open space on the same lot with a building, unoccupied and unobstructed from the ground up- ward except as otherwise provided herein. 25--FRONT YArD--The required open space extending along the street line of any street on which the lot abuts. 26--REAR YARD-~The required open space extending along the rear lot line (not a street line) throughout ' whole width of the lot. 27--SIDE YA~D~The required Open space extending along the side lot lines from the front yard to the rear yard. 28--~IZE UP LOT~AREA--The area of a lot shall be the total area meas- ured inside all of Its boundaries. ARTICLE II Districts ~ECTION 200--USE DISTRICT REGULATIONS--For the purpose of this Ordinance, the Town of Southold, outside of the Incorporated Villages, iq hereby divided into three (3) classes of districts which shall be designated as follows: TURAL DISTRICTS "B" BUSINESS DISTRICTS "C" INDUSTRIAL DISTRICTS SECTION 201--The boundaries of said districts are, hereby established as shown upon the Building Zone Maps which accompany and which, with all notations, references and other matter shoaq~ thereon are, hereby, declared to be part of this Ordinance, as if the matters and things set forth by said map were all fully described herein. SECTION 202--No building shall be lees shall be USed for any other than a purpose permitted in the Zone in which such building or 'premises is located. SECTION 203--The boundaries be- indicated, either street lines, railroad rights-of-Way or such lines extended of Subdiv sions Where ligures are street and a district boundary line, they indicate that the district boundary line runs parallel to the street line at a distance as so indicated. When the location of ~ district belmdary line is not otherwise determined, it shal/ be determined by the SCale of the map measured from a given line. Where the on the zoning maps, the designation shown on the mapped streets shall apply in SUch a way as to carry out the real intent and purposes of this Ordinance for the particular area in SECTION 2O4~Where a district boundary line divides a lot in a single Ownership at the time of passage of this Ordinance, the Board of Appeals, as hereinafter provided, may permit the less restricted use to extend to the whole or any part of such lot. ARTICLE III District SECTION 300---In the "A" Residen- tial and Agricultural District, no build- lng or premises shall be used and no building shall be hereafter erected or altered unless otherwise provided in this Ordinance, except for one (1) or /--One (1) family dwellings. 2--Churches, schools, libraries. 3--Non-commercial parks, play- grounds, athletic fisld~, bathing beaches, bathhouses or boathoUSes. 4---Agricultural farms, poultry farms, nurseries, greenhoUSes and truck gard- ening (does not include farms for the raising or breeding of ducks) 5--Clubs, fraternity houses and golf courses, except where the principal ac- tivities are carried on as a businees. 6--Railway passenger stations. 7--Accessory buildings, including one (1) private garage, when located not less than fifty (50) feet from t~e front lot line or a private garage within or attached to the dwelling. 8--Uses customarily incidental to any of the above uses when located on the same lot and not involving the con- duct of a separate business. This shall be understood to include the profes- sional office or studio of a doctor, dentist, teacher, artist, architect, en- gineer, musician, lawyer, magistrate or practitioner of a similar character or eluding dressmaking, millinery or simi- lar handicrafts, PROVIDED the office, studio or occupational rooms are lo- cated in a dwelling in which the prac- titioner resides or in a building acces- sory thereto, and PROVIDED further, no goods are publicly displayed on the is shown other than a sign net larger than two (2) square feet in total area, (words only) of the practitioner. 9--The sale at retail of farm garden or nursery products produced on the premises. One (1) advertising sign or signs not exceeding twenty-four (24) square feet in total area advertising of animals raised on the premises. lO~One (1) real estate sign not larger than twelve (12) square feet in vertising the sale or letting of only the premises on which it ts maintained and set back not less than the required front yard distance and not less than ten (i0) feet from each side line. or the selling of lots in a subdivision, one (1) real estate sign, having an area of not more than twenty-four (24) square feet, will be permitted on each five hundred (500) feet to one thous- and (1000) feet of frontage on the highway or highways on which the property fronts, PROVIDED said sign ts set back not less than the front yard restrictions required and not less than ten (10) feet from each side line and the bottom of sign be placed not less than three (3) feet above the ground. If the property should have a frontage of less than five hundred (300) feet, the sign permitted shall have an area of not more than twelve (12) square feet and the same restrictions shall Page 2 anply. -.e "A" Residential and Agricultural District, no building, hereafter erec- ted or altered, shall exceed thirty-five (35) feet or three (3) stories. Except public or semi-public build. ings may be erected to a height not exceeding fifty (50) feet when set bask an additional six (6) inches on all sides for each foot such buildings ex- ceed the height of thirty-five (35) feet. SECTION 302--"A" BUILDIN{} AREA--In the "A" Residential and Agrlcdltural District, the total building area shall not exceed twenty-five (25) percent of the total lo% area. SECTION 303--"A" SIZE UP LOT- AREA--In the "A" Residential and Agricultural District, no building shall be erected or altered on a lot of an area less than twelve thoUSand five hundred (1g,500) square feet, or upon a lot having a frontage of less than one hundred (100) feet. SECTION 304--"A', FRONT YARD~ In the "A" Residential and Agricul- thral District, the required front yard shall be at least thirty-five (35) feet from the street line. SECTION 30S--Where property in the vicinity is partly built up with permanent buildings and an average setback line of more or less than thirty Iive (35) feet has been estabIished, no buildings, hereafter erected or altered, shall ~roject beyond the line of the average setback so established. SECTION 306--In case of a corner lot of record at the time of the pas. sage of this Ordinance, a front yard shall be required; same to be on a line with the average setback lines on both streets produced to a point of inter- section and if no average setback has been established then a front yard, thirty-five (35) feet deep, shall be re- quired on each street front, or may be decreased as a speciaI exception by the Board of Appeals as hereinafter pro- vided. SECTION 307--"A" SIDE YAI~DS--- In the "A" Residential and Agricultural District, there shall be two (2) side yards, one (1) on each side of the buildings, the total aggregate of both sides to be twenty-five (25) feet and no one (1) side yard to be less than ten (10) feet wide. PROVIDED that, in the case of a lot held in single and separate owner. ship at the effective date, o~ this Or- dinance, of a width less than one hun- fired (100) feet or of an area less than twelve thousand five hundred (12,500) feet, a single family dwelling may be built thereon with side yards reduced fifty (50) percent and when further re- duced as a special exception by the Board of Appeals as hereinafter pro- vided. SECTION 30~-"A' REAR YARD-- In the "A" Residential and Agricaltur- al District, there shall be a rear Yard five (25) feet. PROVIDED that, in case ota lot held ip single and separate owner~ at the effective date of this Ordinance, having a total depth of less than one hundred (I00) feet, a ~-tngle family dwelling may be built thereon with a rear yard of less than twenty-five (25) feet, when authorized as z special ex- ception by the Board of Appeals as hereinafter provided and PROVIDED further that in no case shall the rear yard be lees than fifteen (15) feet. SECTION 300--"A" ACCESSORY BUILDINGS--in the "A' Residential and Agricultural District, accessory ' buildings may occupy forty (40) per- cent of the required rear yard up to an average height ~f eighteen (18) feet. The yard area allowed by such ac- cessory buildings shall be included in computing the percentage of lot area to be buiIt upon and PROVIDED further that no building of any kind or nature shall be built within three (3) feet of any lot line. SECTION 310--OI~F-STREET PARK- ING AREA--In "A" Residential and Agricultural Districts, no building shall be hereafter erected or altered or added to in excess of fifty (50) percent of its area prior to the adoption of this Ordinance, unless not less than one (1) parking space for each family unit therein shall be provided for. For all places of public assembly including auditoriums, churches and similar pub- lic gathering places creeled, there shall be provided not less than one (1) park- ing space for each seven (7) permanent seats in such buildings or for each part of the total area within such building or structure as is or may he area is an area of three hundred thirty- four (334) square feet per required mo- tor vehicle unit SECTION 400--In the "B" Busine~ District, no building or premises shall be used, and no building shall be here- wise provided in this Ordinance, ex- I--One (1) family or two (2) family dwellings; multiple family dwellings lined in "A" Residential and Agricul- total District ere complied with). 2~Ai1 permAtted uses as outlined in 'A" residential and Agricultural Dis- trier. 3--Plotels, motels, motor lodges, boarding houses and similar establish- 4--Hospitals and clinics, other than or liquor or drug addicts. 5--Offices, banks, financial institu- tions, telephone, telegraph, g~ or e]eo- 6--~tores. 8--Restaurants, bakery shops, con- fectionery or ice cream shops or fac- tories. 9--Public garages or automobile ser- vice stations when approved as a spec- ial exception by the Board of Appeals as hereinafter provided. 10--~torage houses, stables, express, carting or hauling offices or stations, ice manufacturing, yards for storage and sale of coal and building materials. Il--Newspaper offices or job printing, book binderies, laundries, dry cleaning or dyeing, undertaking establishments. lg--Creamery, butter or cheese making, milk bottling or distributing stations. 13--Shops for ca~pentere, plumbers, blacksmiths, upholsterers, electricians, tinsmiths, Paper hangers, painters, tailors, dressmakers, millinery shop, shoemakers, jewelers, watch and clock makers, opticians, musical or scientific instruments, pet animals and other trades or uses of a similar grade. 14~Commercial docks, piers, ferry slips, ferry houses, ;fishing stations, boat yards, bus stations and terminals. 15--Any manufacturing, fabricating, treating, converting, finishing, altering or assembling, in connection with the aforesaid permAtted uses and which is a necessary incident and accessory to the preparation of articles to be sold prbnarily on the premises or to the performing of a service primarily for residents of the neighborhood. i6--Accesscry use on the same Ici with and customarily incidental to any of the above permitted uses. SECTION 401. No building may be erected, altered, or used, and no lot or premises except for agriculture may be Used for any trade, industry or business that has been adjudicated a public nuisance by a court of record. SECTION 402 "B" IgEIOHT--In the "B' Business District, no building hereafter erected or altered shall ex- ceed fifty (50) feet. ~ECTION 403--"B" BUILDING AREA--In the "B" Business District, no building shall be erected or altered or used in whole or in part as a dwell- ing to exceed seventy (70) percent of the lot area. SECTION 494--"B', FRONT YARD-- In the "B" Business Dts~rict, the re- quired front yard shall be at least twenty-five (25) feet. SECTION 405--Vfhere property in the vicinity is partly built up with permanent buildings and an average setback line has been established, no buildings hereafter erected or altered shall project beyond the tine of the average setback so established. ch ten (10) feet or fractlon therof nich the building exceeds forty (40) feet in height. SECTION 407 "B" DENSITY OP POPULATION--In the "B" Business District, no building shall hereafter b~ erected or altered to accommodate or make provisions for more than twenty (20) families on one (1) acre of gromad or more than a proportional number of families on a fractional part of any acre of land, based on the require- ments as outlined above. SECTION 408---COMqViERCIAL VERTISING BOARDS -- In the "B" Business District, commercial advertis- ing boards shall not exceed six (6) feet high by ten (10) ~eet long, the bottom of which shah be at least three (3) feet from the ground and so placed as to be at least five (5) feet distant from ali street and property lines. ~ECTION 409--"B" SIZE OF LOT- AREA--In the "B" Business District, no building shall be erected or altered on a lot of an area less than seventy- five hundred (7,500) square feet or upon a lot having a frontage of less than fifty (50) feet. SECTION 410 -- Olaf . STREET PARKING AREA -- In "B" Business District, no building shall be hereafter erected, or altered or added to in ex- cess of fifty (50) percent of its area prior to the adoption of this Ordinance. unless a minimum provision for off- street parking shall be made as followa: (a) PIospitals -- One (1) parking space for every four (4) beds. (b) Theatres--One (1) P~rking space for every (7) seats. (c) Dwellings -- One ~1) parking space for every dwelling unit (d) t/oteis -- One (1) parking space for every two (2) rooms. (e) All places of public assembly such as auditoriums, churches and for similar uses -- One (1) parking space for each seven (7) permanent seats or an area equivalent to seven (7) per- manent seats. (f) All structures where offices or living quarters are provided over the first floor, an additional space shall be provided for each office or for each dwelling unit. (g) All other business buildings where the ground floor area is in ex- cess of two thousaad fiv~ hundred (2,500) square feet -- One (1) parking space for each two hundred (200) square feet of building area or frac- tion thereof in excess of two thousand five hundred (2,500) square feet. The formula for providing an ade- quate parking area is an area of three hundred thirty-four (334) square feet per required motor vehicle unit. ARTICLE "C" Industrial District SECTION 500--In the "C" Industrial District, all buildings and premises, ex- cept as otherwise provided in this Ordinance, may be used for any use except the following: 1--Abattoirs (except as a special ex- hereinafter provided). 2--Acetylene gas manufacture or gas manufacture from coal, coke, petroleum or from any other product or the stor- age thereof. 3--Acid manufacture. /---Ammonia, ble~clflng powder or ch]orlne manufacture. 6--A~phalt manufacture. 7--Blast furnace 8---Cement, lime~ gypsum or plaster of paris manufacture. 9--Coke oveus. lO--Crematories. 12--Dwellings, all types. 14--~Fat rendering. 15~-Fer tilizer manufacture t~-Fire works manufacture. 17--Garbage, offal or dead animals, reduction or dmnping (except as a spectsi exception by the Board of Ap- peals as hereinafter provided) . 18--Gine, size or geIatine manufac- 19--Gunpowder manufacture or stor- 19A--Automobile wrecking and other junk yards 20---Oilcloth or linoleum manufacture. 21--Oiled, rubber or leather manufac- 22--Ore reduction. 23--Paint, oil, sheIlac, turpentine or varnish manufacture. 25--Petroleum refining. 26--Potash works. 28--Rubber or gutta percha manufac- ture. 29--Salt works. 30--Sauerkraut manufacture 31-~qhoe bIacking or stove poiish man- ufacture. 32--Smelting. 33--~oap manufacture. 34---Stockyards or slaughter houses (except as a special exception by the Board of Appeals as hereinafter pro- v/ded). 35--Stone mill or quarry. 36--Structural steel or pipe Works. 37--Sulphuric, nitric ox' hydrochloric acid manufacture. 38--Sugar refining. 39--Tar distiIlatlon or manufacture. 4~--Tar roofing or waterproofing man- ufacture. 4I--Tallow, grease or lard manufac- 42--Tanning, curing or storage of rawhides or skins. 43--Tobacco (chewing) manufacture 44--Vinegar manu/acture. 45--Yeast plant. And in general those uses which are authorized as a special exception by the BOard of Appeals as hereinafter provided SECTI~)N 501--"C" REA~ YARD--- Lq the "C' Industrial District, if a building is USed in whole or in part as a dwelling, there shall be a rear yard having a minimum depth of fifty (50) feet. SECTION 502---COMiVIERCIAL AD- VEI~TISING BOARDS--In the "C" In- dustrial District, commercial advert/s- Lug boards shall not exceed six ($) feet high by ten (I0) feet long, the bottom of which shall bo at least three feet from the ground and so placed as to be at least five (5) feet distant from all street and property lines. SECTION 503--"C" FRONT YARD~ In the "C" IndUStrial District, the re- quired front yard shall be at least thirty (30) feet, provided further that where property is bounded on any side by a railroad right-of-way or on a rear line by a railroad right-of-way, there shall be a setback along the entire length of such railroad right-of-way or private right-of-way of at least thirty (30) feet. SECTION 504--"C" SIZE OF LOT- AREA--In the "C" Industrial District, no building shall be erected or altered on a lot of an area less than twelve thousand five hundred (12,500) square feet or upon a lot with a frontage of less than one hundred (100) feet. SECTION 505 -- OFF . STREET PARKING AREA--In the "C" Indu~- trial District, no building shal~ be hereafter erected or altered or added to in excess of fifty (50) percent of its area prior to the adoption of this Ordi- nance, unless a minimum provision for off-street parking shall be made as follows: (a) All buildings where the ground lloor area is two thousand five hundred (2,500) square feet- One (1) parking space for each two hundred (g00) square feet of building area or fraction thereof in excess of two thousand five hundred (2,500) square feet. (b) All places of public assembly -- One (1) parking space for each seven (7) permanent seats or an area equiv- alent to seven (g) permanent seats. (c) All structures where offices are provided over the first floor -- An ad- ditional parking space shaI1 be pro- vided for each office. The formula for providing an ade- quate parking area is an area of three hundred thirty-four (334) square feet per required motor vehicle unit. ARTICLE VI Tourist Camps, Camp Cottages and Trailers SECTION 600 -- PERMITS RE- QUIRED-No tourist camp shall be tablished, maintained or operated in any district, nor shall any tent, tent- house, camp-cottage, house-car or trailer, to be used or occupied as a place for livLug, sleeping or eating, whether charge is or is not made, be erected or placed therein, unless au- thor/zed by the Town Board pursuant to the provisions of the Trailer Camp Ordinance dated June 30, 1953. SECTION 604--Article VI shall not Page 4 deemed to apply to the temporary seasonal camp of any unit cd the Boy Scouts of America or the Girl Scouts of America or other such or- ganizations under the leadership pro- vialed by said orEanizations teepee- ARTICLE VII Applications and Permits shall have the power to vary or mod~ the application of such regulations . that the sph-it of the Ordinance shall be observed, public safety and welfare secured and substantial Justice done. C. SPECIAL POWERS AND RULES (MA'J.'r~RS OF ORIGINAL JURIS-' DICTION AND BY APPLICATION TO THE BOARD OF APPEALS). (I) Whenever a use, or the location thereof, is permitted only if the Board of Appeals shall approve thereof, the Board of Appeals may, in a specific case and after notice and public hear- . lng, 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: (a) Before such approval shall be given, the Board of Appeals shall de- termine :-- (1) That the use will not prevent the orderly and reasonable use of ad- Jacent properties or of properties in adjacent USe districts; (2) That the use will not prevent the orderly Had reasohable use of per- mitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally establishes uses in adjacent use triers; (3) That the safety, the health, the welfare, the comfort, the convenience or the order of the Town will not be adversely affected by the proposed use and its location; and (4) That the use will be in har- mony with and promote the general purposes and intent of this Ordinance. (b) In making such determination, the BOard of Appeals shall also give consideration, among other things, to:- (1) The character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of any of such permissive uses; (2) The conservation of property values and the encouragement of the most appropriate uses of land; (3) The effect that the location of the proposed use may have upon the creation or undue increase of vehicdiar traffic congestion on public streets or highways; (4) The availability of adequate and proper public or private facilities for the treatment, removal or discharge of sewage, refuse or other effluent (whether liqdid, solid, gaseous or other- wise) that may be caused or created by or as a result of the use; (5) Whether the use, or materials incidental thereto, or produced there- by, may give off obnoxious gases, odors, (5) Whether the use will cause dis- turbing emissions of electrical dis- charges, dust, light, vibration or noise; (7) Whether the operations in pur- interference with the orderly enjoyment by the public of parking or of recrea- tional facilities, if exisfing, or if pro- posed by the Town or by other com- petent Governmental agency; (8) To the necessity for bituminous surfaced space for purposes af 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; (9) %Whether a hazard to life, limb or property because of fire, flood, erosion or panic may be created by reason or as a result of the use, or by the structures to be used therefor, or by the inaccessibility of the prop- erty or structures thereon for the con- venient entry and operatoin of fire and other emergency apparatus or by the Undue concentration or assemblage of persons upon such plot; (10) Whether the use, or ~I~e struc- tures to be used therefor, will cause an overcrowding of land or undue con- centration of population; (11) Whether the plot area Is auf- ficient, approprinte and adequate for the use and the reasonably anticipated operation and expansion thereof; and (12) Whether the use to be operated is Unreasonably near to a church, school, theatre, recreational area or other place of public assembly. (c) The Board of Appeals Shall, in authorizing such permissive uses, im- pose such conditions and safeguards as it may deem appropriate, necessary or desirable to preserve and protect the spirit and objectives of this Or- dinance (II) l~;hen, in its ~udgment, the public convenience and welfare and justice will be substantially served, and pro- vided that the legally established or permitted use of neighborhood proper- ty and adjacent use districts will not be substantially or permanently ~ured, the Board of Appeals may, after public notice and hearing and subject to appropriate conditions and sate- guards as outlined, authorize the grant- ing of a permit. (a) Where a district boundary line di- vides a lot which is proved to the satis- faction of the Board of Appeals to have been in single and separate ownership at the effective date of this Ordinance, and the total area af which lot has not been diminished or increased since such date, the less restricted use may be adjusted to extend to tho whole or any part of such lot but not more than fifty (50) feet beyond the boundary line of the use district in which said lot is located. (b) If the less restricted use shall be extended ten (10) feet or more within a residential use district, a permanent open space for a rear and side yard of not less than ten (10) feet shall be provided for and main- tained within the lot area ~ so ex- tended. Also in such event, if the less restricted use be extended more than Page 5 tqn (10) feet, the said minimum rear i side yards shall be increased by __,e (I) foot for each additional ten (10) feet of such extension. SECTION 802--The Board of peals shall make rules as to the man- ner of filing appeals or applications for special exceptions or variances SECTION 803--Upon the filing ~ith the Board of Appeals of an appeal or of an application for special exception or variance, the Board of Appeals shall fix a time and place for a public hear- ing thereon and shall give notice there- of as follows: (a) By publishing a notice thereof in accordance with the Town Law. ARTICLE IX Amenflmen/s SECTION 900--The Town Board upon its owa motion or by petition may, from time to time, amend, sup- plement, change, modify or repeal this Ordinance incinding the Zoning Map, by proceeding in the following manner: SECTION 901--The Town Board by Resolution adopted at a stated meeting shall fix the time and place of a public hearing on the proposed amend- ment and cause notice thereof to be given as follows: (a) By publishing a uotice thereof once a week for two (2) successive weeks in two (2) Newspapers of gen- eral circulation published in the Town. (b) The notices shall state the lo- cation and general nature of the pro- posed amendment. (c) The Town Board, before adver- tising for public hearing, shaE, in a written request, instruct the Town Planinng Board to prepare an officiaI report defining the conditions de- scribed in a petition and determine the area so affected with their recommen- dation. SECTION 952--In case, however, of a protest against such change, signed by the owners of twenty (20) percent or more, either of the area of land included in such ~ropesed change, or of that immediately adjacent thereto, extending one hundred (100) feet therefrom, or of that directly opposite thereto, extending one hundred (100) feet from the street frontage of such opposite land, such amendment shall not become effective except by the ~avorable vote of at least four (4) members of the Town Board. SECTION 903--At a public Hearing, full opportUnity to be heard shall be given to any citizen and ali parties in interest. ARTICLE X ~;eneral Prowtstons SEO~UION 1000--In a Residential and Agricultural District where a lot abuts on a parkway, the lot shall be con- sidered to front and have a front yard on the street and also on the parkway and where the building accords with this section, a private accessory garage may be incorporated in the building or attached thereto regardless of distance from streets. SECTION 1001 -- Notwithstanding any other provisions of this Ordinance all automobile or other junk yards in eYAstence and in effect at the date of this ordinance shall within the ex- piration of 3 years from same provide suitable screening in the form of solid fencing or hedges completely around the periphery of the area used for such storage purposes, and the type of fence or hedge shall be subject to the ap- proval of the Planning Board. SECTION 1002 -- Notwithstanding - any other provisions of this Ordinance, any sign or commercial billboard in ex- istence at the effective date of this Or- dinance in a Residential and Agricul- tural District, shall, at the expiration of five (5) years from such date, be discontinued. The Board cf Appeals may, however, permits its continuance as a special exception as herein pro- vided. SECTION 1003--The Planning Board shall study the apphcation of this Or- dinance and shall, from time to time, recommend to the Town Board such changes In the Ordinance and in the boundaries cf the various districts as it shall deem advisable to further pro- mote the health, safety, morals or the general welfare of the community. SECTION 1003a. -- All labor camps where provision is made for the hous- ing and feeding of transient help re- gardless of the number to be accom- modated, shall first meet all require- ment of existing law. Farm labor camps on farms shall not be located nearer to any other residence than to the residence of the employer except as a special exception by the Board of Appeals The location of any other labor camp'or caml~ not on farms shall be subject to the approval of the Zon- ing Board of Appeals. SECTION 1004~In any district, no Publie Garage for more than three (3) motor vehicles and no gasoline vending station shall be erected or altered and used within two hundred (200) feet of any premises used for a public school, public library, church, hospital or or- phanage. SECTION 1006--On any c~rner lot, no wall, fence or other structure shall be erected or altered, and no hedge, tree, shrub, or other growth shall be maintained which may cause dan~er to traffic on a street by obscuring the view, minimum of twenty (20) feet. SECTION 1007 -- NON-COiVFOR1VI- ING USES--The lawful use of a build- ing existing on the effective date of thls 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 fully acquired previous to the said date. A non-conforming use of a building may be changed to a use of the same or higher classification according to the provisions of this Ordinance. 'vVhenever a district shall hereafter be changed, any then existing non-con- forming use of a building in such changed district may be continued or changed to a use of a similar or higher classification, provided all other regu- lations governing the new use are com- plied with. Whenever a non-conform- ing use of the building has been dis- continued for a period of more than two years, or changed to a higher classification, or to a conforming use, anything in this Section to the con- trary notwithstanding, the non-con- forming use of such building shall no longer be permitted unless a variance to such non-conforming use shall first have been granted by the Board of SECTION 1008 -- TIDAL LANDS-- W~en the tidal lands are not shown as zoned on the Zoning Map, they shall be considered to lie within the "A" Residential a~d Agricultural District but no structure erected therein shall be erected upon such lands owned by the Town of Southold except upon the ap- proval of the Board of Town Trustees. SECTION 1009--VALIDITY~Should any section or provision of this Or- dinance be declared by a court of competent jarisdiction to be invalid. such decisions shall not effect the val- idity of the Ordinance a~ a whole or any other part thereof. SECTION 1010--IN 'r ~pR~grATION, PURPOSE ~qD CONFLICT--In inter- preting and applying the provisions of this Ordinance, they shal~ be held to the minimum requiremnts for the ~romotion of the health, safety, morals or the general welfare of the Town. It is not intended by this Ordinance to in- terfere with or abrogate or annul any Town Building Code, or any rules and regulations adopted or issued there- under, or the rules and regulations of the Department oI Health of the Coun- ty of Suffolk, and not in conflict with any of the provisions of this Ordin- ance; PROVIDED, however, that where this Ordinance imposes a greater restriction upon the use of buildings or premises or upon the height of the building, or requires larger open spaces than are imposed or required by such Ordinance, rules and regnlatious, the provisions of this Ordinance shall con- trol. SECTION 1011--REMEDIES~In case any buildhig or structure is erected, co~strusted, reconstructed, altered, paired, converted or maintained, or any building, structure or land is used in violation of this Ordinance, or of any regulations made pursuant thereto, tn addition to other remedies provided by law, any appropriate action or pro- ceeding whether by legal process or otherwise, may be instituted, or taken to prevent such unlawful erection, con- struction, reconstruction, alteration, re- to restrain, correct or abut such vio- lation, to prevent the occupancy of said building, structure or land or to pre- vent any illegal act, conduct, business or use in or about such premises SECTION 1012 -- PEN/~LTIES--For any and every violation of the pro- visions of this Ordinance, the owner, general agent, or contractor of a build- ing or premises, where such violations have been committed or shall exist, and the general agent, architect, build- er, contractor or any other person who knowingly commits, takes part or as- sists in any such violation or who maintains any building or premises in wbAch any such violation shall exist, shall be guilty of a misdemeanor. Each week's continued violation shall con- stitute a separate additional violation. Such fines or penalties shall be col- lected a~ like fines are now collected by law. ADOPTED BY THE SOUTHOLD TOWN BOARD ON APRIL 9, 1957 i I~ETt~G CF APRIL 9, 19~7. T he ~outhold Town 30 P.~,~ ~ pr~l P~ l~or ~orm ~ . Alber+ .... ~ w~h the followi~ 9~ 19~?, The meetin .... ~,~n.~. Kl~n p~. ~z~ ~US~lces T,,~.~ -"~ present: SU~e~--~ ~..~ calte~ to o~ Y an~ Town Clerk Booth~ ~ups. of Highw=ys The BOard sat at OnCe as a committee on audit to examine clgims against the TOwn Concluding the audit work at 2 o'clock P.M. MOved b C ~ ,Y OUncllman A1 o duly approved as read ..... ~ one previou~ Clark: · meeting be and hereby are Vote of Town Board: Ayes-Supervisor Ktlpp. Councilman Albertson; Justices Tuthill~ Clark and Demarest. Moved by Justice De RESOLVED: The *~ merest; Seconde _ _ ~t the officet~"~..regu+ar monthlvdmk~+f~ti~e Tuthill: april 23. 10~u~-~u~erV~sor Nor a~ w ~JJgg o£ this BOard ,.,~ ~ . Vote of ~o,,,~~ ~? ~.30 P.M. o'~ .... . a±mpp , at Gree~ .... ~= ce held ~, oOer~: Ayes_Suoe~w~u=~, "~t, on Tuesday ~zl~ Clark ~ ~ r~on. ~**u uemarest. EUgene Mazzaf~rro sng Benjamin HOrton app~ere ffn~n~ a petlti~n, slg~ed by eleven resident d before the BOard ro ~ snst port,on ~,b~ch ~om~!aining of t~e ~-~ OUtside the ~nco~_s ~esiding on 0a~ S~ ~0 5 P.M. ~- - P~r~l~g of mo* ~ ~ursred Vi~ ~eo~m~ ~ un school dgvs ~u~ - o0r vehiclms 0m o .~==~e of Gr~enmm~+ - ~nus. ~ ~ wn~cn C~Uses e ~.oa~u street fro~ ~su lnc~nvenienc ,~-~ a.m. MOVed by Justice Cl~ .: · Portion whi~ ~ _ ~ installed o~ ~_i._ ', ~ ~s ou~side of th~ ~ ~ uu~n si~es of ~'~ ~ ~o~t~ siad signs to ~e~d 2 ho,- .= ~ncor~ora~o~ ~,~, ~,~ o~reet - -~ ~m±age of Green_ Justices Tuthill~ Clark and Demarest. Moved by JustiCe Clerk; Seconde . WHEREAs~ a resolution was adn~f~b~ Justlc? Demares~. ta of the Village ecommending that there d cooperatii~e ~ .... should be harmonious and erfective interest of ail '- *~moning of the Town and the Village for concerned~ and R[~S,=lt W~s recommended , ~ . ;~ e tOwn ~oa . that a ' n_~ommzttee ofthe Village BOard · -u nas in the ~a~ ~rpose~ and With the Village and is desirous of further COoperation~ now~ therefore, be it ~ o~ a±ways endeavered to cooperate .:RESOLVED: That the Supervisor be and he hereby is authorized to appoint such a committee to work with a similar committee appointed by the Village Board. Dated: April 9, 19g?. Vote of Town Board: Ayes-Supervisor Klipp; Councilman Albertson; Justices Tuthill~ Moved by~Usti Clark and Demare ?;HEREAs. ail ,~e Clark; seconded b~, ~ .. ~ st. Law o~ ~ -~e matters an . ~ ~uszlee Pemsre . ~ ~- .... e o~ate of ~ .... ~ ~h~ngs reeui~ ~ _ st. ~ oOUthold. Suee~/'~w zorE in order ~l~-~° se done by tho ~ .... uu~xerred by ~.~-j~ ~uase of New v~ C ~w~ mosrG of th~ ~ ~tu maw have be~- ~..~r~ may avail tt~^~2 -ywn ~, uu~y comp[led With~- °=~ o£ the .zCTTo~. ~ ~'~ use ro~ - - ~ ~ oM 1 .... ~ S~*o~ Uoun~,, 'he ~:~ ± - SECTION 1012~=ng oR~INAhCE: ~" lnvested~ hereby or~~ Town Clerk of eh~ ~ ~'~ETING CF APRIL 9, 19~7. ~eG~h°ld T°wni~o~rd met ~t ~he offlo~ .... ~ lark Booth. - The Board sat at Once as a committee on audit to examine clsims against the Town concluding the audit work at 2 o'clock P.M. Moved by Councllman Albertson; SeConded by Justice Clark: R~SOLVED: That the minutes of the previous meeting be and hereby are duly approved as read. Vote of Town Board: Ayes-Supervisor Klipp; Councilman Albertson~ Justices Tuthill~ Clark and Demarest. Moved by Justice Demarest; Seconded by Justice Tuthill: RESOLVED: That the regular monthly meeting of this Board will be held at the office of Supervisor Nor an E. Klipp at Greenport~ on Tuesdsy~ April 23~ 19~?~ at 1:30 P.M. o'clock. ' Vote of Town Board: Ayes-Supervisor Klipp; Councilman Albert~on: Justices Tuthill~ Clerk and Demarest. EUgene MazZaferro end'Benjamin Horton appeared before th senting a oetition Signed b · e on th?t portion w ~ ~- ~ ~%even residents ~,~=~ ~o,rd pre- complainin~ of *~'~ ~? OU~s~me the Vncor .... l~jng on Oak Street 3° [?.M. on school d~ g -[ ~otor vehicles on sa~ _~ge ?f~Greegport' res/Gents. ' J=9 WnlC~ CaUses a -~ - ~u ~ureez from ~ a.m' ~u lnc~mvenience to the ' Moved by Justice Cl~rk: s RESOLVED: That nark~i'_.ec°n~ed by Justice hart ~ _fi%~x?n Which is Outside jZ~i~e~ on both sides of ==u = hour parking nm~-~'~u ~xX{age of Green_ Vote of Town Board: Ayes-Supervisor Kli~p[r~ ~ =.m. vo p p.m. Councilman Albertson; Jostices Tuthill~ Clark and Demarest. Moved by Justice Clark: seco WHEREAS~ a resolut~ J .... nded by Justice D dev~%i~i~ reCommendins that ~ ~= Im~mage B~ard of +d£-?~en~ and Cooperat~i,~^ ~. "T?=~ snou±d be harmonic...-] -~age ~ ~nSerest of ell Conc=.~=~un~°ning of the Town ~,_~nu,effective WHEREAs it was recommen~=u~ and =~u ~ne Village for and the~ that a laison Committee ofthe Village Town Board be appointed for such pUrpose~ and Board k~EREAs~ That Town Board has in the past always endeavered to with the Village and is desirous of COoperate be it further COoperation~ now~ therefore~ RESOLVED: That the Supervisor be ~nd he hereby is authorized to appoint such a committee to work with a similar committee appointed by the Village Boar~. D~ted: April 9~ 19~?, Vote of Towu Board: Ayes-Supervisor Klipp; Councilman Albertson; ~ . Justices Tuthill~ Clark and Demares ~ed by Justice Clark. se ~ t. o~ ~^2~j~o~e of New y~ ~ required to be d ~ ~ powers conf~rr~ ~n~y, State of New Yo~ ~ ~oa~ 9f the Town N~W ~ ~ o .~ ±aw have been d-~ - ~ T~M avail ~tself of - -o~ oy virtue o~ ~ - ~ '~J the TOwn of Sout~= o dains =ha enacts the following ORDINANCE: ~ =~ ±nvested~ hereby or_~ uv .... ~"= =u~norlty-~ it b~'l~, ~-o~u? oU~folk Countv C~zc~ 1 - SECTION 1012 ~he Town Clerk of the Town of Southold~ ~zed ~nd directed to ~nter thi . . Suffolk County~ L ~Own ~O~rd. to nllk]4--J - ~S BUlldln~ o~ , is hereby author_ ~.~aps incor~o~=,fjo~xsn.a~Copy ther~o o --~?ance in the min . Wa~ ~ -.:~u aere~n~once ~ ~J f (e~clus~ve or +~ ..... ~tes of the wi~"~ ~ ~ 3~e ~uff~lk Ti~s~n~oL~ng_Island T~a~e~%~.~ne ' ~ ~ rune siqnboa~ - ~ pose a copy the-~ ~ ~ and to file in his ofric~ ~u maintained by h~ ..... -=~ UOgether - - ~ffidav~ts of ~ ~ ~ursuant to Town Law~ - such publication and posting. This ordinance shall t~ke effect ten days after such Puhiicstion and posting. BY ORDER OF THE SOUTHOLD TO)fN BOARD: SUpervisor Klipp; Council_ man Albertson; Justices Tuthill~ Clark ~ Demarest. The B~ilding Zone Ordinsnce~ ./ I'~w York~ is sttached to the Town of Southold~ Suffolk County minutes of this meeting. BUILDING ZONE ORDINANCE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK An ordinance classifying, regulating and restricting the height, number of stories, size of buildings and other structures, the percentage of lot that may be occupied, the size of yards and other open spaces, the density of popu- lation, the location and ese of build- ings, structures and land for trade, in- dustry, residence and other purposes, (provided that such regulations shall apply to and affect only such part of the town outside the limits of any in- corporated village), establishing the , boundaries of districts for said pur- poses so as to promote the health, safe- ty, morals and general welfare of the Town of Southold with reasonable con- · ~ sideration, among other things to the most desirable use for which the land of each district may be adapted, the peculiar suitability for particular use of a district, the conservation of prop- erty values and the direction of build- lng development in accordance with a well considered plan and a~so to estab- lish penuities for violation of these regulations as prescribed by the' sta- tutes. TABLE OF CONTENTS · Short Title Section Article I Definitions 100 Article 11 Districts 200 Article III "A' Residential and Agricultural District 300 Article IV "B" Business District 400 Article V "C" Industrial District 500 Article VI Tourist Camps, Camp Cottages and Trailers 600 Article ~rII Applications and Per- mits 700 Article VIII Board of Appeals 800 Article IX Amendments 900 Article X Oenerui Provisions 1000 WHEREAS, ail the matters and things required to be done by the Town Law of the State of New York in order that the Town Board of the Town of Southold, Suffolk County, State of Hew York, may avail itself of the powers conferred by said law have been duly complied with. NOW THEREFORE, the Town ~Oard of the Town of Southold, SUffolk Coun- ty, State of New York, by virtue of the author/ty in it by law invested, hereby ordains and enacts the follow- lng ordinance. SECTION 1--This ordinance shall be known and may be cited as "The EuiIding Zone Ordinance of the Town of Southold, Suffolk County, New York." ARTICLE I SECTIOH 100---Definitions~For the purpose of this Ordinance, certain terms and WOrds are, herewith, defined as follows: Words USed in the present tense in. the word "structure", the word "lot" includes the word "plot" and the word "shall" is mandatory and not directory. 1--ACCESSORY BUILDING -- A building, subordinate to the main build- ing on a lot and used for purposes customarily incidental to those of the main building. 2--AN ACRE -- An acre as applic- able to this Ordinance shall refer to the land exclusive of street areas. 3--BOARDING AND TOURIST HOUSES. A building other than a hotel where lodging, with or without meals, for six or more persons is furnished for compensation. 4--BUILDING -- A structure having a roof supported by wans and when separated by a party wall without openings, it shall be deemed a separate 5--BUILDING AREA -- The aggre- gate of the maximum horizontal cross section area of the buildings on a lot, excluding cornices, eaves, gutters or chimneys projecting not more than eighteen (18) inches, steps, one (1) story open porches, bay windows, not extending through more than one (D story and not projecting more than five (5) feet, balconies and terraces. 6~BUILDING HEIGHT -- The ver- tirle distance measured from the curb level to the highest point of the roof surface, if a flat roof, to the deck line Of a mansard roof, and to the mean height level between eaves and ridges for a gable, hip or gambrel roof PRO- VIDED that chimneys, spires, towers, elevator penthouses, tanks and simular projections shall not be included in the height. For building set back from the street line and where no curb ex- ists, the height may be measured from the average elevation of the ground surrounding the building. 7--DWELLINC~-ONE FAMILY--A detached building designed for or oc- cupied exclusively by one (1) family. 8~D%VELLING--TWO FA2VIILY -- A detached or semi-detached building designed for or occupied exelusiveiy by two (2) families. elude the future, the singular number 12--HOTEL--A building occupied as includes the plural and the plural the the more or less temporary abiding singular, the word mldl~~1~.Pl~O~ ' uals .... ~ who are lodging ~:)['~.. ~.. [. ., Page I with or without meals and in which there are more than ten (i0) rooms usually occupied singly and no pro- vision made for cooking in any in. dividual apartment. Land occupied or to be occupied for the storage of old WOOd, paper, cloth or metal, including old automobiles, [tucks, equipment, machinery, fixtures designed; and a~o including any pot- be sold as and for junk or salvage. cup/ed by a bui]uing and its accessory buildings together with such open dinance and having its principal front- f age upon a public ~reet or officially approved place. 14~LOT-CORNER--A lot situated at the junction of two (2) or more streets. 15--LOT-INTERIOR--A lot other 16 LOT-THROUGh--An interior lot having frontage on two (2) streets. 17~LOT LINES--The lines bounding a lot as defined herein. lotions of the use district in which it is situated. 19--SETBACK--The minimum hori- zontal distance between the street or lot line (front, side, or rear, as th~ ease may be) of the bUilding or any projection, thereof, excluding steps, projecting more than five (5) feet. 2C~--STORY--That portion of a build- ing included between the surface of any floor and the surface of the floor next above it or if there be no floor above it, then the space between it and the ce,fling next above it. 21--STORY-H.a_LF--A story under a gable, hip or gambrel roof, the wail plates of which, on at least two (2) than two (2) feet above thc finished floor of such story. 22--STRUCTURE~Anything construc- ted or erected, the use of which re- cation on the soil, or attached to some- thing having a permanent location on the soil. 23--~STRUCTURAL ALTERATIONS--. A_ny change in the supporting members of a building, such as bearing walls, columns, beams or girders. 24---YARD--An open space on the same lot with a building, Unoccupied and unobstructed from the ground up- herein. open space extending along the street line of any street on which the~ abuts. 68 TOW~N BOAR~- ~ETING OF NOVEMBER 23, 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 $6,500.00 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, 1971, in the matter of the amendment of the town ordinance entitled "The Building Zone Ordinance of the Town of Southold, Suffolk County, New York" together with the Building Zone Maps forming a-part thereof at which time all interested persons Were given an opportunity to be heard with respect to said matter, and WHEREAS, this Board now deems it in the public interest that said proposed amendments be enacted, NOW, THEREFORE, BE IT RESOLVED that "The Bu~ildlng Zone Ordinance of the Town of Southold, Suffolk County, New York" together with the Building Zone Maps forming a part thereof consistzng of six sections designated A to F inclusive and which have been signed by the members of this Board be amended as follows, to wit: ARTICLE I PURPOSES - DEFINITIONS SECTION 100 - PURPOSES - There is hereby established a comprehensive zoning plan for the Town of Southold, which plan is set forth in the text and map that constitute this ordinance. Said plan is adopted for the purposes set forth in Article t~ 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 families; 4. The prevention and reduction of traffic congestion, so as to promote efficient and safe circulation of vehicles and pedestrians; 5. The maximum protection of residential areas; 6. The gradual elimination of non-conforming uses;' 7. The enhancement of the appearance of the Town of Southold as a whole; 8. The encouragement o~ 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. TOWN BOARD ~ETING OF NOVEMBER 23, 197 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 ordihance, the front yard set-back shall be the average setback of the existing dwellings 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, ~ALLS & 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 sid~ o~ 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 amending 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. Us__~es 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 subject to Site Plan approval by the Planning Board in accordance with Article XIV hereof. .81 106 TO~N BOARI [EETING OF NOVEMBER 23, 19' 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 PELANTIES - For every violation of the provisions of this ordinance or any regulations made pursuant h~reto, or a failure to comply with a writte~ notice or order of the Building Inspector within the time fixed for compliance there~ri-th, 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 an~ building or structure is e~ected, constructed, reconstructed,altered, repaired, converted or maintained, or any building, structure or land is used in violation 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 process ct otherwise, may be instituted, or taken to prevent such unlawful erection, construction, re- construction, alteration, repair, conversion, amintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any ~legal act, conduct, business, or use in or about such premises. L~VI. By renumbering Article IX to be Article XVI, and amendin~ 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 including 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 be given pursuant to the provisions of the Town Law. The Town Board, before advertising for a public hearing, shall in a written request, instruct the Town Planning Board to prepare an official report defining the conditions described in a petition and determine the area so affected with its recommendations. SECTION 1601 - FEES E~gry 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 E~CEPTIONS 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 establishes the higher Standard shall govern. '?, i~ ?~CT validating~ ratifying, approvCng and confirming the acts and proceedings heretofore ~aken b.y the town board of the town of Soutnold, Suffolk Count}, in connection with the building zone ordinance adopted by sucl~ tewn board on ~pril 9, 1957. Section 1. ~11 acts and proceedings of t~e town board of the town of !-'3our:hold, in the C.._~ant,~ ~,f Suffolk~ in connection with the adoption and enactment b:, s~ch board of a building zc~ne ordinance which was adopted on the n~nth da,y of April, n~neteen handred ~if~y-seven are hereby declared ?legal and val/dated in alt respects, and ali. proceedings and r~cts ~utn~>rized ~hereby, and all acts, proceedings and things heretofore undertaken, };erformed or done wi~ch reference thereto, are hereby va, lidate~J, ratified, confirmed, ;~i)proved and declared legal in all respects notwithstanding a fail~re to post or pablish a copy of suc~l ordinance, or the map adopted in con,]anctmn therewith or incorporated therein and/or a failure ad file affidavits of the posting and publication thereof wi~h ti~e tow~'~ clerk. Section 3. 'l:his act shall take effect immediately.