[Added 2-1-1983 by L.L. No. 2-1983]
This chapter shall be known and may be cited as the "Southold Town Zoning Code."
There is hereby established a comprehensive zoning plan for the Town of Southold, which plan is set forth in the text and map that constitute this chapter. Said plan is adopted for the purposes set forth in Article 16 of the Town Law, which, in the interest of the protection and promotion of the public health, safety and welfare, shall be deemed to specifically include the following, among others:
The facilitation of the efficient and adequate provision of public facilities and services.
The assurance of adequate sites for residence, industry and commerce.
The provisions of privacy for families.
The prevention and reduction of traffic congestion so as to promote efficient and safe circulation of vehicles and pedestrians.
The maximum protection of residential and historic areas.
[Amended 1-10-1989 by L.L. No. 1-1989]
The gradual elimination of nonconforming uses.
The enhancement of the appearance of the Town of Southold as a whole, particularly its open and rural environment.
[Amended 1-10-1989 by L.L. No. 1-1989]
The encouragement of flexibility in the design and development of land in such a way as to produce the most appropriate use of lands, to facilitate the adequate and economical provision of streets and utilities and to preserve the natural and scenic qualities of open lands.
The fostering and protection of agriculture and fisheries.
To make provision for, so far as conditions may permit, the accommodation of solar energy systems and equipment and access to sunlight necessary therefor.
[Added 2-1-1983 by L.L. No. 2-1983]
The protection of the subsurface water supply and surface waters.
[Added 1-10-1989 by L.L. No. 1-1989]
The protection and enhancement of the coastal environment.
[Added 1-10-1989 by L.L. No. 1-1989]
Where a provision of this chapter conflicts with or imposes a different requirement from any other provision of this chapter, the provision or requirement which is more restrictive or which establishes the higher standard shall govern.
Where the provisions of this chapter conflict with or impose a different requirement from any other ordinance of the Town of Southold or any rules or regulations adopted thereunder, the ordinance, rule or regulation which establishes the higher standard or requirement shall govern.
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety and welfare. Except where specifically provided to the contrary, it is not intended by this chapter to repeal, abrogate, annul or in any way to impair or interfere with any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to law relating to the use of buildings, structures, shelters or premises; nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties.
[Added 1-10-1989 by L.L. No. 1-1989]
Editor's Note: Former § 100-12, Exceptions, which previously followed this section, amended 10-30-1973 by L.L. No. 5-1973, was repealed 11-28-1995 by L.L. No. 23-1995, effective January 1, 1996.
Word usage. Words used in the present tense include the future: the singular number includes the plural, and the plural the singular; the word "person" includes a corporation as well as an individual; the word "lot" includes the word "plot"; the term "occupied" or "used," as applied to any building, shall be construed as though followed by the words "or intended, arranged or designed to be occupied or used."
Definitions and usages. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition).
[Amended 10-26-1976 by L.L. No. 5-1976; 4-11-1978 by L.L. No. 2-1978; 2-1-1983 by L.L. No. 2-1983; 1-21-1986 by L.L. No. 1-1986; 5-17-1988 by L.L. No. 14-1988; 8-23-1988 by L.L. No. 20-1988; 1-10-1989 by L.L. No. 1-1989]
- A physical entrance to property.
- ACCESSORY APARTMENT
- An apartment created in a presently existing one-family dwelling unit or accessory structure pursuant to § 280-13A(6) or § 280-13B(13).[Amended 6-15-2010 by L.L. No. 2-2010]
- ACCESSORY BUILDING OR STRUCTURE
- A building or structure detached from a principal building located on the same lot as and customarily incidental and subordinate to the principal building.
- ACCESSORY USE
- A use customarily incidental and subordinate to the main use on a lot, whether such "accessory use" is conducted in a principal or accessory building.
- A structure added to the original structure at some time after the completion of the original.
- AGRICULTURAL PROCESSING
- The on-farm processing of agricultural products at and from
a single farm operation located within the Town of Southold, which
has been converted from its original (raw) state into a processed
or prepared product through applications of cooking, distilling, fermenting,
crushing, or straining, etc. Such processed agriculture products include,
but are not limited to, jams, jellies, cheeses, potato chips, jerkies,
meats, fowl, fish, breads, and baked goods, beer, wine and distilled
alcoholic and nonalcoholic beverages.[Added 4-25-2017 by L.L. No. 5-2017]
- AGRICULTURAL PROCESSING BUILDING
- An on-farm operation building, or part of a building, used
for processing and storage of agricultural products of a single farm
operation into processed agricultural products, as defined herein.[Added 4-25-2017 by L.L. No. 5-2017]
- AGRICULTURAL PRODUCTION
- For the purposes of this chapter, agricultural production
shall include, but not be limited to, the following:[Added 4-25-2017 by L.L. No. 5-2017]
- (1) A farm operation engaged in the production for sale of crops, livestock or livestock products by a bona fide farm operation or bona fide aquaculture/mariculture farm operation, both as defined herein, which shall include but not be limited to:
- (a) Field crops; for example, corn, wheat, oats, rye, barley, hay, potatoes and dry beans;
- (b) Fruits; for example, apples, peaches, grapes, cherries, tomatoes and berries;
- (c) Vegetables; for example, snap beans, cabbage, carrots, beets and onions;
- (d) Horticultural specialties; for example, nursery stock, ornamental shrubs, ornamental trees and flowers;
- (e) Livestock and livestock products; for example, cattle, sheep, hogs, goats, horses, poultry, ratites, such as ostriches, emus, rheas and kiwis, farmed deer, farmed buffalo, fur-bearing animals, milk, eggs and furs;
- (f) Maple sap;
- (g) Christmas trees derived from a managed Christmas tree operation, whether dug for transplanting or cut from the stump;
- (h) Aquaculture and mariculture, as defined herein;
- (i) Biomass, which means crops raised for bioenergy, and shall include, but is not limited to, farm woodland, switch grass, giant reed, and miscanthus;
- (j) Apiary, including the cultivation of bee colonies, bee honey, beeswax, and related products.
- AGRICULTURAL PRODUCTION BUILDING
- An on-farm operation building, or part of a building, primarily
useful or necessary for crops in their harvested state in the conduct
of agricultural production, including but not limited to barns, silos,
storage of mechanical equipment, storage of harvested crops, spaces,
accessory alternative energy structures, animal pens, and other shelters.[Added 4-25-2017 by L.L. No. 5-2017]
- The production, keeping or maintenance, for sale, lease or personal use, of plants and animals useful to man, including but not limited to forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats or any mutation of hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; fruits of all kinds, including grapes, nuts and berries, vegetables; floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program.
- A change or modification made in or on an existing building
or structure that does not increase its exterior dimensions.[Amended 4-24-2012 by L.L. No. 6-2012]
- An entirely self-contained dwelling unit consisting of a
minimum of 450 square feet of living area containing complete housekeeping
facilities for only one family, including any domestic servants employed
on the premises and having no enclosed space (other than vestibules,
entrance hallways or porches) or cooking or sanitary facilities in
common with any other dwelling unit and/or "apartment."[Added 6-19-1990 by L.L. No. 13-1990]
- APARTMENT HOUSE
- A building arranged, intended or designed to be occupied
by two or more families living independently of each other in apartments.[Added 6-19-1990 by L.L. No. 13-1990]
- The landowner or the agent, optionee, contract purchaser or other person authorized in writing to act for the landowner in submitting an application under this chapter.
- APPLICATION FOR DEVELOPMENT
- The application form and all accompanying documents and exhibits required of an applicant by an approving authority for development and/or site plan review purposes.
- The breeding, cultivation, planting, containment, and harvesting
of organisms that are naturally occurring in freshwater, including
finfish; mollusks, such as snails and clams; crustaceans, such as
shrimp and crayfish; and aquatic plants. The term aquaculture is also
commonly used to include marine water, or maricultured species, such
as oysters, bay scallops, lobsters, and sugar kelp.[Added 9-22-2015 by L.L. No. 8-2015; amended 4-25-2017 by L.L. No. 5-2017]
- AUTOMOBILE SALES LOT OR BUILDING
- A lot or building used for the sale or hire of automobile equipment. This shall be interpreted to include new and used car dealerships and auto accessory salesrooms but not the sale of junked automotive equipment.
- AUTO REPAIR SHOP
- A commercial use involving the adjustment, painting, replacement
of parts or other repair or restoration of motor vehicles.[Added 4-28-1997 by L.L. No. 6-1997]
- A story of a building, partly below the finished grade level, which has more than 1/2 of its height, measured from floor to ceiling, above the average established curb level or finished grade of the land immediately adjacent to the building.
- The renting of not more than five rooms in an owner-occupied
dwelling for lodging and serving of breakfast to not more than 10
casual and transient roomers, provided that the renting of such rooms
for such purpose is clearly incidental and subordinate to the principal
use of the dwelling.[Amended 3-28-2000 by L.L. No. 7-2000]
- A structure composed primarily of earth intended for privacy, security, enclosure, visual screening or noise abatement.
- A sign, including the type commonly known as a "billboard," which directs attention to a business, commodity, service, entertainment or attraction which is sold, offered or existing elsewhere than upon the same lot where such sign is displayed or only incidentally upon such lot.
- An area bounded by one or more streets or a municipal boundary and of sufficient size to accommodate a lot or lots of minimum size required by this chapter.
- BOARDING- AND TOURIST HOUSES
- A building, other than a hotel, where lodging, with or without meals, for five or more persons is furnished for compensation.
- BOARD OF APPEALS
- The Zoning Board of Appeals of the Town of Southold.
- BONA FIDE AQUACULTURE/MARICULTURE FARM OPERATION
- Indicators of a bona fide aquaculture/mariculture farm operation
include a farm operation, as defined herein, engaged in aquaculture
and/or mariculture that:[Added 4-25-2017 by L.L. No. 5-2017]
- (1) Has obtained all commercial cultivation and harvest permits required by the New York State Department of Environmental Conservation Law and a permit from either the New York State Department of Agriculture and Markets or the Suffolk County Department of Health Services when the farm stand offers on-premises consumption; and
- (2) Has access to underwater land, including, but not limited to, a lease, riparian rights, a grant, fee title to underwater land, or a franchise within the Peconic Bay Estuary or Town waters, or has land-based cultivation infrastructure.
- BONA FIDE FARM OPERATION
- Indicators of a bona fide farm operation include a farm operation, as defined herein, that:[Added 4-25-2017 by L.L. No. 5-2017]
- (1) Is located on land with not less than seven acres of land used as a farm operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of $10,000 or more; or
- (2) Is located on land of seven acres or less used as a farm operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of $50,000 or more; or
- (3) Has been issued a farm stand operator permit.
- Open construction with a roof projecting from the outside
wall of a building, not to exceed dimensions of eight feet by 10 feet,
connecting the main building and a garage. Other types of attachments
which extend more than 10 feet, or exceed 80 square feet in area,
shall not attach a main building to a separate building unless such
attachment meets the requirements of livable floor area.[Added 5-31-1994 by L.L. No. 10-1994]
- A natural or landscaped vegetated area along the boundaries
of a subdivision, lot or parcel, designed to provide natural visual
screening through the growth of dense vegetation, and ideally including
evergreens.[Added 1-20-2009 by L.L. No. 2-2009]
- BUILDABLE AREA
- The area of a lot remaining after the minimum yard and open space requirements of this chapter have been met.
- BUILDABLE LAND
- The area of a lot or parcel, not including the square footage of tidal and freshwater wetlands, land seaward of the coastal erosion hazard area line, beaches, bluffs, primary dunes, secondary dunes, or underwater lands. The terms "wetlands," "beaches," "bluffs," and "underwater lands" shall have the meanings set forth in Chapter 275, Wetlands and Shoreline, of the Town Code. The terms "coastal erosion hazard area line," "primary dunes" and "secondary dunes" shall have the meanings set forth in Chapter 111, Coastal Erosion Hazard Areas, of the Town Code.
- A structure wholly or partially enclosed within exterior
walls, or within exterior and party walls, and a roof, affording shelter
to persons, animals or property.[Amended 11-12-1997 by L.L. No. 26-1997; 12-8-1998 by L.L. No. 27-1998]
- BUILDING AREA
- The aggregate of the maximum horizontal cross section of the buildings on a lot, measured between the exterior faces of walls.
- (2) The term "building area" shall exclude the following:
- (a) Cornices, eaves, gutters, chimneys and fireplaces, projecting not more than 28 inches from exterior walls.
- (b) Steps and open porches, projecting not more than five feet from exterior walls and having an area of not more than 30 square feet.
- (c) First-story bay windows projecting not more than three feet from exterior walls and exterior cellar doors projecting not more than six feet from exterior walls.
- BUILDING LINE
- A line formed by the intersection or a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of building on any side. In case of a cantilevered section building, the vertical plane will coincide with the most projected surface.
- A structure or barrier the intended use for which is to separate
and act as a barrier between earthen material and water.[Added 7-13-1993 by L.L. No. 14-1993]
- Any space in a building, partly below finished grade level, which has more than 1/2 its height, measured from floor to ceiling, below average established curb level or finished grade of land immediately adjacent to the building.
- CERTIFICATE OF COMPLIANCE
- A document issued by the Building Inspector certifying that
the premises indicated conform to Zoning Board of Appeals requirements
for bed-and-breakfast use or accessory apartment use at the time of
issuance.[Added 5-20-1993 by L.L. No. 6-1993]
- CERTIFICATE OF OCCUPANCY
- A document issued by a Town Building Inspector allowing the use and occupancy of a building and/or land and certifying that the structure and/or use of land and/or structures is in compliance with all state and local codes, regulations and requirements.
- CHILD CARE
- A residential structure and property used principally as
a residence, where child care is provided by the resident for a total
of five or fewer children other than those of the caregiver. This
use must be in accordance with the regulations governing home occupations
in this Zoning Code.[Added 11-12-1996 by L.L. No. 20-1996]
- See "residential cluster."
- CLUB, BEACH
- A not-for-profit corporation, as defined in § 102 of the Not-For-Profit Corporation Law of the State of New York, located contiguous to a bay or Long Island Sound and established for the principal purpose of engaging in swimming in the sound or the bays, but excluding any form of aviation, motorboat racing or waterskiing on inland waterways or similar hazardous sports.
- CLUB, MEMBERSHIP OR COUNTRY OR GOLF
- An entity established for the principal purpose of engaging
in outdoor sports, such as golf, tennis, swimming, fishing, hunting
or similar activities, but not including any form of aviation, outdoor
trap, skeet or target shooting or motorboat racing.[Amended 12-8-1998 by L.L. No. 26-1998]
- CLUB, YACHT
- A not-for-profit corporation, as defined by § 102 of the Not-For-Profit Corporation Law of the State of New York, established for the principal purpose of engaging in recreational boating. The activities of such a "yacht club" shall be limited to its members and their guests and shall not be extended to the general public. The term "yacht club" shall be deemed to include the term "marina" but shall not be deemed to include the term "boatyard" except for the out-of-water storage of members' boats.
- COMMERCIAL SOLAR ENERGY PRODUCTION SYSTEM
- An arrangement or combination of components installed upon
land that utilize solar radiation to produce energy designed to provide
electricity for on-site or off-site use pursuant to a power purchase
agreement.[Added 6-17-2014 by L.L. No. 7-2014]
- COMMON OPEN SPACE
- An open space area within or related to a site designated as a development that is available for the use of all residents or occupants thereof.
- A building or buildings, the dwelling units of which are individually owned, each owner receiving a deed enabling him to sell, mortgage or exchange his dwelling unit independent of the owners of the other dwelling units in the building or buildings.
- CONTINUING CARE FACILITY
- An institution that is licensed to provide health care under
medical supervision to in-patients. The facility provides continuing,
skilled nursing care on a long-term, extended basis. Shall be otherwise
known as a "nursing home."[Added 11-12-1996 by L.L. No. 20-1996]
- CONVENIENCE STORE
- A retail store generally less than 5,000 square feet that
is designed and stocked to sell prepackaged food items, beverages,
periodicals and household goods for off-premises consumption.[Added 11-4-2009 by L.L. No. 14-2009]
- A type of resort or multiple residence in which persons have an ownership interest in the entity which owns the building or buildings and, in addition, a lease or occupancy agreement which entitles them to occupy a particular dwelling unit therein, regardless of whether, and in what manner, the dwelling units are managed, leased or otherwise made available for use by persons other than the owners thereof.
- COURT, INNER
- An open space enclosed on all sides by exterior walls of a building.
- COURT, OUTER
- An open space enclosed on three sides by exterior walls of a building.
- COURT, DEPTH OF OUTER
- The linear average dimension measured from the unenclosed side of the court to the farthest wall thereof.
- COURT, WIDTH OF OUTER
- The linear dimension of the unenclosed side of the court.
- The turnaround at the end of a dead-end street.
- CURB CUT
- The opening along the curbline at which point vehicles may enter or leave the roadway.
- CURB LEVEL
- The established elevation of the street grade at the point that is opposite the center of the wall nearest to and facing the street line.
- CUSTOM WORKSHOP
- A business premises used for the making of clothing, millinery, shoes or other personal articles to individual order or measure, for sale at retail on the premises only and not including the manufacture of machinery, vehicles, appliances and similar heavy goods and ready-to-wear or standardized products.
- Construction attached to a building open to the sky with
floor materials built at an elevation above natural grade. Decks are
required to have building permits before construction.[Added 5-31-1994 by L.L. No. 10-1994]
- The conveyance of a fee or lesser interest in property to public use, which precludes the owner or others under him from asserting any right of ownership inconsistent with the use for which the property is dedicated.
- Any removal of a structure or portion thereof, where the
total cost of the reconstruction of the structure or portion thereof
exceeds 50% of the market value of the existing structure before the
start of removal.[Added 4-24-2012 by L.L. No. 6-2012; amended 2-14-2017 by L.L. No. 2-2017]
- DWELLING, MULTIPLE
- A building or portion thereof containing three or more dwelling units.
- DWELLING, ONE-FAMILY
- A detached building containing one dwelling unit only consisting
of a minimum living area of 850 square feet.[Amended 4-24-1990 by L.L. No. 8-1990]
- DWELLING, ROW OR ATTACHED
- A one-family dwelling with two common or party walls separating it from adjacent units on both sides.
- DWELLING, SEMIDETACHED
- A one-family dwelling with one wall in common with an adjacent dwelling.
- DWELLING, TWO-FAMILY
- A detached building containing two dwelling units only.
- DWELLING UNIT
- A building or entirely self-contained portion thereof consisting
of a minimum living area of 850 square feet containing complete housekeeping
facilities for only one family, including any domestic servants employed
on the premises, and having no enclosed space (other than vestibules,
entrance or other hallways or porches) or cooking or sanitary facilities
in common with any "dwelling unit." A house trailer, a boarding- or
rooming house, convalescent home, fraternity or sorority house, hotel,
motel, inn, lodging or nursing or similar home or other similar structure
shall not be deemed to constitute a "dwelling unit."[Amended 6-19-1990 by L.L. No. 13-1990]
- A grant of the use of land for specific purposes.
- As applied to an existing structure, any activity causing
an increase in one or more exterior dimensions of the building or
structure or any part thereof.[Added 4-24-2012 by L.L. No. 6-2012]
- One or more persons occupying a dwelling unit as a single nonprofit housekeeping unit. More than five persons 18 years of age or older, exclusive of domestic servants, not related by blood, marriage or adoption shall not be considered a "family."
- FAMILY MEMBER
- The spouse, domestic partner, child, grandchild, stepchild,
parent, aunt, uncle, niece, nephew, brother or sister of the owner
or of the owner’s spouse or domestic partner.[Added 6-15-2010 by L.L. No. 2-2010]
- A site or series of adjoining parcels under single ownership or management devoted to agricultural use.
- FARM BUILDINGS
- All structures useful or necessary for the conduct of agricultural activities, including but not limited to barns, silos, mechanical equipment storage sheds, animal pens or other shelters.
- A principal dwelling on a farm operation used exclusively
by a farmer/owner/operator who is in full-time residence and actively
engaged in farming the lands of the farm operation, or as housing
for the farm operation's workers, or occupied by key employee(s) of
the farm operation.[Added 4-25-2017 by L.L. No. 5-2017]
- FARM OPERATION
- The land, including underwater lands used in aquaculture
and mariculture, buildings used in agricultural production, on-farm
agricultural processing buildings, on-farm direct marketing buildings,
equipment, manure processing and handling facilities, and practices
which contribute to the cultivation, production, preparation, processing
and marketing of crops, livestock and livestock products, freshwater
or marine water products, including fish, fish products, and/or water
plants and shellfish, as a commercial enterprise. The farm operation
may consist of one or more parcels of owned or rented land, which
parcels may be contiguous or noncontiguous to each other.[Added 4-25-2017 by L.L. No. 5-2017]
- FARM STAND
- Any structure open to the weather on at least one side, used
for the sole purpose of retail sale of produce grown by the owner
of the stand on farm acreage within the Town of Southold. Such structure
may be one-story or less, roofed or have partial walls and flooring
but may not be completely enclosed except when the business is closed.
A farm stand may not be insulated or mechanically heated or cooled
by permanent equipment. A truck bed or trailer on wheels, with areas
in excess of 20 square feet displaying produce, shall be considered
a farm stand.[Added 5-13-1997 by L.L. No. 8-1997]
- A vertical enclosure, solid or partially open, to prevent straying from within or intrusion from without or intended to be used as a visual screen. A "fence" is considered a structure for the purposes of this chapter.
- FISH PROCESSING
- The readying of fish and shellfish for shipping to market, including icing, cleaning, filleting, shucking and the cooking of crabs or lobster, but not including other cooking, canning, freezing, smoking or other fish factory operations.
- FLAT OR MANSARD ROOF
- Any roof that has a pitch of less than 3:12.[Added 1-16-2007 by L.L. No. 2-2007]
- FLEA MARKET
- An out-of-doors market operated only during daylight hours
where new or used items are sold from individual locations, with each
location being operated independently from other locations. Items
sold include but are not limited to household items, antiques, rare
items, decorations, used books and used magazines. This shall not
include sales by a nonprofit organization on an occasional basis.[Added 10-17-1995 by L.L. No. 21-1995]
- FLOOD HAZARD AREA
- Land in the floodplain subject to a one-percent or greater chance of flooding in any given year.
- The relatively flat area or low lands adjoining the channel of a river, stream, watercourse, canal or any body of standing water which has been or may be covered by floodwater.
- FLOOR AREA
- The sum of the gross horizontal areas of all floors of the building or buildings on a lot, having a clear height of not less than six feet measured from the exterior faces of exterior walls or from the center line of party walls separating two buildings, including cellar and basement areas. The "floor area" shall not include roof overhangs projecting less than three feet or any floors or portions thereof contained on terraces or balconies projecting beyond the exterior face of the building.
- FLOOR AREA, LIVABLE
- All spaces within the exterior walls of a dwelling unit, exclusive of garages, breezeways, unheated porches, cellars, heater rooms and approved basements having a window area of less than 10% of the square foot area of the room. Usable floor area shall include all spaces not otherwise excluded above, such as principal rooms, utility rooms, bathrooms, all closets and hallways opening directly into any rooms within the dwelling unit.
- FLOOR AREA RATIO
- The floor area in square feet of all buildings on a lot divided by the area of such lot in square feet.
- FOOD CATERING FACILITY
- A food preparation operation that prepares food for consumption
at a specific off-site location and/or event distinct from the restaurant
trade.[Added 4-28-1997 by L.L. No. 6-1997]
- FOOD PROCESSING FACILITY
- A wholesale operation where food is processed from a raw
or semiprocessed state to a finished product suitable for resale at
retail outlets or to restaurants. A food processing facility shall
not include an outlet store, whether accessory or principal.[Added 4-28-1997 by L.L. No. 6-1997]
- FRATERNAL ORGANIZATION
- A nonprofit association of persons bound by a common interest
or goal, be it civic, patriotic, charitable, educational or historical.[Added 11-28-1989 by L.L. No. 22-1989]
- The width of a lot at the street line.
- GARAGE, PRIVATE
- A building used as an accessory to the main building for the storage of one or more gasoline or other power-driven vehicles owned and used by the owner or tenant of the lot on which the garage is erected for the storage of not exceeding two additional vehicles (not trucks) owned or used by the others and in which no occupation, business or service for profit is carried on without special permit.
- GARAGE, PUBLIC
- A building, other than a private garage, used for housing or care of gasoline or other power-driven vehicles or where such vehicles are equipped for operation, repaired or kept for renumeration, hire or sale.
- GARAGE, REPAIR
- A building, other than a private garage, used for adjustment, painting, replacement of parts or other repair or restoration of motor vehicles or parts thereof, whether or not accessory or incidental to another use.
- GASOLINE SERVICE STATION
- A structure and surrounding land used for the storage and sale of petroleum fuel primarily to motor vehicles and for accessory uses such as the sale of lubricants, accessories or supplies, the incidental washing of motor vehicles and the performing of minor repairs within a building; however, a service station is not a repair garage or a body shop.
- GOLF COURSE, STANDARD REGULATION
- A golfing facility open to the general public for a play
greens fee, which is at least 125 contiguous acres of property and
contains a regulation eighteen-hole golf course. The following accessory
uses may be included, provided that sufficient land is available:
practice tees for instruction purposes, pro shop and school, driving
range, snack bar or restaurant, catering and banquet facilities, club
houses, course offices, vehicle maintenance shed, employee facilities,
locker rooms and showers, swimming pool and tennis courts.[Added 4-28-1997 by L.L. No. 6-1997]
- A structure for growing plants.
- GROCERY STORE
- A retail establishment dedicating 70% or more of its floor
area to the sale of prepackaged or perishable food items.[Added 6-20-2006 by L.L. No. 8-2006]
- GROUND FLOOR
- The first floor of a building other than a cellar or basement.
- GUEST UNIT
- A bedroom-sleeping accommodation for transient guests, which may or may not include bathroom facilities and shall be occupied by no more than two adult persons and be at least 80 square feet in area.
- HABITABLE FLOOR AREA
- See "floor area, livable."[Added 6-19-1990 by L.L. No. 13-1990]
- HEALTH CARE FACILITY
- A structure and premises regulated by the State of New York
and used to provide an integrated range of medical and/or surgical
services, primarily for in-patients, on a twenty-four-hour basis.
Health services may require surgical facilities, therapeutic and diagnostic
equipment rooms, counseling facilities, convalescent care equipment
and trauma care services. Out-patient clinics and other forms of ambulatory
health care facilities may exist as accessory and integral services
to the in-patient services. Supporting or accessory uses may include
a kitchen for preparation of patient meals, cafeteria or snack/coffee
shop for employees and visitors, gift shop, laundry, pharmacy and
staff offices (for bookkeeping, administration, medical records, etc.).
Shall be otherwise known as a "general or specialized hospital," a
"rehabilitation center," "rest home" or "adult home."[Added 11-12-1996 by L.L. No. 20-1996]
- HEIGHT OF ACCESSORY BUILDING
- The vertical distance measured from the average elevation
of the existing natural grade adjacent to the building, before any
alteration or fill, to the highest point of the roof for flat and
mansard roofs, and to the highest point of the ridge for sloping and
other type roofs.[Added 1-16-2007 by L.L. No. 2-2007]
- HEIGHT OF BUILDING
- The vertical distance measured from the average elevation of the existing natural grade adjacent to the building, before any alteration or fill, to the highest point of the roof for flat and mansard roofs and to the mean height between eaves and ridge for other type roofs.
- HISTORICAL SOCIETY
- An institution devoted to the preservation of information,
artifacts, structures and other evidence of a human community or enterprise
that existed in the past.[Added 11-12-1996 by L.L. No. 20-1996]
- HISTORIC BUILDING
- See "landmark designation."
- HOME BUSINESS OFFICE
- The business office of an individual which does not qualify
for home professional office yet provides a service rather than the
retail sale of goods (i.e., offices providing the service of consulting,
advertising, designing and/or marketing and which typically require
a home personal computer, telephone and/or facsimile transmission
machine).[Amended 7-28-1992 by L.L. No. 14-1992]
- (1) Any gainful activity customarily conducted only within a dwelling unit by the residents thereof that is clearly secondary to the residential use.
- (2) Activities carried on by the residents which are connected with produce of the seas, bays or harbors caught or dug by them, including storage and dockage of boats and gear, spreading and mending of nets and other gear and sale of such produce so gathered.
- (3) Tradesmen, not limited to carpenters, plumbers, landscapers, painters, masons and electricians, provided that no retail sales or services are conducted on site.
[Amended 4-9-1991 by L.L. No. 10-1991; 7-28-1992 by L.L. No. 14-1992]
- HOMEOWNERS' OR HOMES ASSOCIATION
- A community association, including a condominium association, which is organized in a residential development in which individual owners have a shared interest in the responsibility for open space or facilities.
- HOME PROFESSIONAL OFFICE
- This shall be understood to include the professional office
or studio of a doctor, dentist, teacher, artist, architect, engineer,
musician, lawyer, magistrate or practitioners of a similar character,
or rooms used for home occupations, provided that the office, studio
or occupational rooms are located in a dwelling in which the practitioner
resides.[Added 4-9-1991 by L.L. No. 10-1991; amended 7-28-1992 by L.L. No. 14-1992]
- HOTEL OR MOTEL, RESORT
- A building or group of buildings, whether detached or in connected units, containing individual guest units consisting of a room arranged or designed to be available for use as sleeping quarters for transients on a daily rental basis or for vacationers or other persons on a weekly rental basis, provided that one such unit may connect directly with not more than one other such unit. Each unit shall have a door opening on the exterior of the building or on a common hallway leading to the exterior. A "resort motel" may include such accessory uses as a beach cabana, private dock, dining room, restaurant or swimming pool, conference and meeting facilities or an accessory convenience shop, office or personal service facility, provided that such facility or shop is located within the building without any external sign or display and off-street parking facilities. The term "resort motel" shall not be construed to include "transient motel" or "mobile home park."
- HOTEL OR MOTEL, TRANSIENT
- A building or group of buildings, whether detached or in connected units, containing individual guest units consisting of a room arranged or designed to be available for use as sleeping and living quarters for transients on a daily rental basis, provided that one such unit may connect directly with no more than one other such unit and that no cooking facilities shall be available. Each such unit shall have a door opening on the exterior of the building or on a common hallway leading to the exterior. A "transient hotel or motel" may include such accessory uses as an office, restaurant, accessory personal services, swimming pool and off-street parking facilities. The term "transient hotel or motel" shall not be construed to include "resort motel" or "mobile home park," nor shall it be deemed to include any dwelling unit except that of the owner or manager.
- IMPERVIOUS SURFACE
- Impervious surfaces include all areas where the ground is
covered by a surface that interrupts or prevents rain from falling
directly to the ground and percolating into the groundwater, including
but not limited to roads, driveways, parking lots, other pavement,
buildings, and concrete pads.[Added 8-27-2013 by L.L. No. 6-2013]
- INDOOR DOG AND CAT CARE FACILITY
- A facility that provides dog and cat care services, including,
but not limited to, grooming, day care, overnight care, obedience
training, and accessory retail sales of pet products, inside a building.
The breeding and/or sale of animals shall not be permitted in such
a facility. All dogs and cats must be kept inside the building at
all times, except for transfer to and from transportation. No outdoor
kennels or pens are permitted at such facility, and all dogs and cats
must be controlled at all times to prevent their escape or trespass
onto neighboring properties. Animal waste must be disposed of in a
manner that will not pollute groundwater or cause odors to leave the
premises, and in accordance with the applicable Town, county or state
regulations. The building must be insulated to minimize noise, such
as dogs barking, that may be heard from neighboring properties.[Added 4-22-2008 by L.L. No. 4-2008]
- Land occupied or to be occupied for storage of old wood, paper, cloth or metal, including old automobiles, trucks, equipment, machinery, fixtures and appliances not usable as originally designed, and also including any portion of such old automobiles, trucks, equipment or machinery as may be sold as and for junk or salvage. The existence on any residential lot of three or more unregistered automobiles or trucks not housed within a building shall be deemed to be a "junkyard." Public sanitary landfills and the structures located thereon shall not be included in this definition.
- LAND-BASED AQUACULTURE
- The cultivation of marine and freshwater organisms in a man-made
structure, such as an on-land building or pond.[Added 9-22-2015 by L.L. No. 8-2015; amended 4-25-2017 by L.L. No. 5-2017]
- LANDMARK DESIGNATION
- The designation of a building or structure of architectural or historic significance to the Town through listing the property in the Town's Register of Designated Landmarks and filing a copy of the entry in the Town Clerk's office.
- An area of land restricted to landscape items which may also include such elements as natural features, earth berms, sculpture, signs, lighting, accessways, bikeways and pedestrianways.
- LIFE CARE COMMUNITY
- A structure or series of structures designed to provide a
comprehensive cohesive living arrangement for the elderly in accordance
with a license pursuant to New York Public Health Law, Article 46.
A life care community may include a long-term continuing care facility
as an integral but accessory service for residents of the life care
community.[Added 11-12-1996 by L.L. No. 20-1996]
- LIGHT INDUSTRIAL USES
- Uses which involve fabrication, reshaping, reworking, assembly
or combining of products from previously prepared materials and which
do not involve the synthesis of chemical or chemical products other
than for pharmaceutical or research purposes or the processing of
any raw materials except agricultural raw materials. Such uses may
include industrial operations such as electronic, machine parts and
small component assembly, as opposed to heavy industrial operations
such as automobile assembly or milling activities.[Added 4-28-1997 by L.L. No. 6-1997]
- LIGHT INDUSTRY
- An activity which involves the fabrication, reshaping, reworking, assembly or combining of products from previously prepared materials and which does not involve the synthesis of chemical or chemical products other than for pharmaceutical or research purposes or the processing of any raw materials, except agricultural raw materials. "Light industry" includes industrial operations such as electronic, machine parts and small component assembly, as opposed to heavy industrial operations such as automobile assembly or milling activities.
- LIVING AREA
- See "floor area, livable."[Added 6-19-1990 by L.L. No. 13-1990]
- LOADING BERTH
- A space at least 15 feet wide and 45 feet long, having a minimum fourteen-foot vertical clearance for loading and unloading vehicles. No such space required by this chapter or depicted on any site plan shall constitute a parking space.
- Any parcel of land, not necessarily coincident with a lot or lots shown on a map of record, which is occupied or which is to be occupied by a building and its accessory buildings, if any, or by a group of buildings accessory thereto, if any, together with the required open spaces appurtenant to such buildings or group of buildings.
- LOT AREA
- The area of a lot taken at its perimeter, exclusive of any portion within a public or private street right-of-way.
- LOT, CORNER
- A lot at the junction of and abutting on two or more intersecting streets where the interior angle of intersection does not exceed 135°. A lot abutting a curved street shall be deemed a "corner lot" if the tangents to the curve at the points of intersection of the side lot lines with the street lines intersect at an interior angle of less than 135°.
- LOT COVERAGE
- That percentage of the buildable land existing on a lot which
is covered by the building area.[Amended 4-10-2007 by L.L. No. 11-2007]
- LOT DEPTH
- The minimum distance from the street line of the lot to the rear lot line of such lot.
- LOT, INTERIOR
- A lot other than a corner lot or a through lot.
- LOT LINE
- Any boundary of a lot other than a street line.
- LOT LINE, FRONT
- The lot line separating a lot from a street right-of-way; also referred to as "street line."
- LOT LINE, REAR
- The lot line generally opposite to the street line; if the "rear lot line" is less than 10 feet in length, or if the lot comes to a point in the rear, the "rear lot line" shall be deemed to be a line, not less than 10 feet long, lying farthest from the front lot line and parallel to the front lot line.
- LOT LINE, SIDE
- Any lot line other than a front or rear lot line.
- LOT, REAR OR FLAG
- A lot located in such a position that it is to the rear of some other lot fronting on the same street and served by means of an accessway.
- LOT, THROUGH
- A lot which fronts upon two streets which do not intersect at the boundaries of the lot.
- LOT WIDTH
- The average distance between side lot lines, taken at the front yard or setback line and measured at right angles to the side lot lines or along a line parallel to the street.
- LOWER- AND MODERATE-COST HOUSING
- Housing which is constructed and kept available for families or individuals with low or moderate income, including senior citizens, as defined by the Town Board.
- MAIN FLOOR
- The largest area found by the projection of a horizontal plane through the livable floor area which is enclosed by the exterior walls of the building.
- Any process whereby the nature, size or shape of articles or raw materials is changed, or where articles are assembled or packaged.
- The cultivation of marine organisms in saltwater, for example,
finfish; mollusks, such as snails, oysters, and clams; crustaceans,
such as shrimp, crabs, and lobsters; and marine plants, such as sugar
kelp.[Added 9-22-2015 by L.L. No. 8-2015; amended 4-25-2017 by L.L. No. 5-2017]
- MARINA or BOAT BASIN
- Any premises containing one or more piers, wharves, docks, moorings, bulkheads, buildings, slips, basins or land under water, designed, used or intended to be used primarily for the docking or mooring of boats, for or without compensation.
- MASTER PLAN
- A plan for the controlled development of all or portions of the Town of Southold, the protection of environmentally sensitive areas, the enhancement of fishing and shellfishing, healthy recreation areas and facilities and the protection of the underground water supply; the plan to be prepared by the Planning Board pursuant to § 272-a of the Town Law, which plan indicates the general locations of physical development within the Town and includes any unit or part of such plan separately adopted and any amendment to such plan or parts therein.
- MEAN HIGH WATER (MHW)
- Average height of high water datum reported by the United States Geological Survey.
- MOTEL, RESORT
- See "hotel or motel, resort."
- MOTEL, TRANSIENT
- See "hotel or motel, transient."
- NONCONFORMING BUILDING OR STRUCTURE
- A building or structure legally existing on the effective date of this chapter or any applicable amendment thereto but which fails, by reason of such adoption, revision or amendment, to conform to the present district regulations for any prescribed structure or building requirement, such as front, side or rear yards, building height, building areas or lot coverage, lot area per dwelling unit, dwelling units per building, number of parking and loading spaces, etc., but which is continuously maintained after the effective date of these regulations.
- NONCONFORMING LOT
- A lot the area or dimension of which was lawful prior to the adoption, revision or amendment of this chapter but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
- NONCONFORMING USE
- A use, whether of a building, sign or tract of land, or combination of these, legally existing on the effective date of this chapter, which does not conform to the present use regulations of the district in which it is located but which is continuously maintained after the effective date of these regulations.
- NURSERY SCHOOL
- A building or buildings, together with any accessory uses, buildings or structures, used as an organized instructional facility for five or more enrolled children under six years of age other than the children of the resident family and not furnishing sleeping facilities except to the resident family.
- OFF-PREMISES SIGN
- Any sign that identifies, advertises or calls attention to
a business or activity taking place on property other than the premises
on which the sign is located.[Added 11-29-1994 by L.L. No. 25-1994]
- OFF-STREET PARKING SPACE
- A space for the parking of one motor vehicle within a public or private parking area, but not within a public street.
- ON-FARM DIRECT MARKETING BUILDING
- An on-farm building, or part of a building, used for the
direct farm marketing of agricultural products and processed agricultural
products from a single farm operation.[Added 4-25-2017 by L.L. No. 5-2017]
- ON-FARM OPERATION DIRECT MARKETING
- The sale of raw or processed agricultural products that are
produced by a bona fide farm operation or a bona fide aquaculture/mariculture
farm operation directly to consumers.[Added 4-25-2017 by L.L. No. 5-2017]
- OPEN SPACE
- Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
- OUTDOOR STORAGE
- The keeping, in an unroofed area, of any goods, junk, material, merchandise or vehicles in the same place for more than 24 hours.
- Includes the duly authorized agent, attorney, purchaser, devisee, fiduciary or any other person having vested or contingent interest in the property in question.
- PARKING LOT
- An off-street, ground level area, surfaced and improved for the temporary storage of motor vehicles.
- PARTIAL SELF-SERVICE GASOLINE SERVICE STATION
- A gasoline service station primarily for the servicing of motor vehicles and the dispensing of gasoline by means of a qualified attendant controlling an approved console regulating the flow of gasoline into fixed and approved dispensing equipment thereafter to be operated by the customer at one set of pumps on one pump island and by a qualified attendant operating dispensing equipment at all other pump islands.
- A flat, leveled structure attached to a building by steps,
or other construction, and having a base floor area at or below natural
grade and open to the sky. A "patio" structure below or at grade is
not deemed to be a deck or porch and shall not require a building
permit. New step areas to patios, decks, porches, breezeways, etc.,
will require a building permit. Any other "patio" or similar structure
constructed above natural grade also requires a building permit.[Added 5-31-1994 by L.L. No. 10-1994]
- PERFORMANCE GUARANTY
- Any security which may be accepted by the Town as a guaranty that improvements required as part of an application for development are satisfactorily completed.
- Any association, partnership, corporation, cooperative group, trust or other entity, as well as an individual.
- PLANNING BOARD
- The Planning Board of the Town of Southold.
- The map of a subdivision.
- PRINCIPAL BUILDING
- A building in which is conducted the main or principal use of the lot on which said building is located.
- PRINCIPAL USE
- The main or primary purpose or purposes for which land and/or structure(s) is designed, arranged, used or intended to be used or for which such land and/or structure(s) may be occupied or maintained under this chapter.
- PRIVATE WAREHOUSING
- A building used for the storage of goods and materials by
the owner of the goods and materials for the owner's own use; for
example, off-site storage for operations conducted by the owner at
another location. No retail sales are permitted at a private warehouse.
This is not to include self-storage facilities. For self-storage facilities,
see "public warehousing."[Added 10-14-1999 by L.L. No. 13-1999]
- PROCESSED AGRICULTURAL PRODUCT
- Agricultural product which has been converted from its original
state into a distinct product by techniques such as cooking, distillation,
fermentation, crushing and straining. Examples of processed agricultural
product include, without limitation, jams, jellies, cheeses, potato
chips, meats, fowl, fish, wine and other alcoholic beverages. Simple
washing, cleaning, arranging or packaging of agricultural products
shall not cause the product to be considered "processed" under this
definition.[Added 4-25-2017 by L.L. No. 5-2017]
- PROFESSIONAL OFFICE
- The office of a member of a recognized profession or occupation, including architects, artists, authors, dentists, doctors, lawyers, ministers, musicians, optometrists, engineers and such other similar professions or occupations which may be so designated by the Board of Appeals.
- PUBLIC WAREHOUSING
- A building or buildings used primarily for the storage of
goods and materials and available to the general public for a fee;
for example, self-storage facilities. No sales (either wholesale or
retail) are permitted in public warehousing.[Added 10-14-1999 by L.L. No. 13-1999]
- PUBLIC WATER: PUBLIC SEWER
- Communal sewage disposal systems and communal water supply systems as approved by public agencies having jurisdiction thereof.
- RECREATIONAL FACILITIES
- Recreational uses characterized by predominately outdoor
activities by patrons, including but not limited to stables and riding
academies, regulation golf courses and golf-related activities, tennis
and racquet sport clubs, platform sports, baseball batting and pitching
cages and swimming pool facilities. It shall not include such activities
as racing, jai alai and amusements parks.[Added 4-28-1997 by L.L. No. 6-1997]
- RECREATION FACILITY, COMMERCIAL
- An indoor or outdoor privately operated business involving playing fields, courts, arenas or halls designed to accommodate sports and recreational activities, such as billiards, bowling, dance halls, gymnasiums, health spas, skating rinks, shooting ranges, tennis courts and swimming pools.
- RECREATIONAL VEHICLE
- A vehicular-type portable structure, without permanent foundation, which can be towed, hauled or driven and primarily designed as temporary living accommodation for recreational, camping and travel use, and including but not limited to travel trailer, truck campers, camping trailers and self-propelled motor homes.
- RENTAL PERMIT
- A permit issued by the Chief Building Inspector to the owner
to allow use and occupancy of a lawfully existing accessory apartment.[Added 6-15-2010 by L.L. No. 2-2010]
- RESEARCH LABORATORY
- A building for experimentation in pure or applied research, design, development and production of prototype machines or devices or of new products, and uses accessory thereto, wherein products are not manufactured for wholesale or retail sale, wherein commercial servicing or repair of commercial products is not performed and where there is no display of any materials or products.
- RESIDENTIAL CLUSTER
- An area to be developed as a single entity according to a plan, containing residential housing units and having a common or public open space.
- Any premises other than take-out or formula food restaurants
where food is commercially sold for on-premises consumption to patrons
seated at tables or counters.[Amended 5-16-1994 by L.L. No. 9-1994]
- RESTAURANT, FORMULA FOOD
- A restaurant business required by contractual or other arrangements
to offer standardized menus, ingredients, food preparation, decor,
external facade or uniforms.[Added 5-16-1994 by L.L. No. 9-1994]
- RESTAURANT, TAKE-OUT
- Any establishment other than a formula food restaurant, whose
principal business is the sale of foods, frozen desserts or beverages
to the customer in a ready-to-consume state, usually served in paper,
plastic or other disposal containers, for consumption within the restaurant
building, elsewhere on the premises or for carryout for consumption
off the premises.[Amended 5-16-1994 by L.L. No. 9-1994]
- RETAIL STORE
- An enclosed structure where goods are offered for sale to the public as take-out items, including hardware, drugs, food and beverages, furnishings, apparel and similar products. Minor repair services within the establishment may be undertaken as part of product sales.
- RETAINING WALL
- A structure or barrier, the intended use for which is to
separate and act as a barrier between two areas of earthen material.[Added 7-13-1993 by L.L. No. 14-1993]
- RIGHT-OF-WAY LINES
- The boundary lines of land used or intended for use as streets, as shown on deeds, plats or the Master Plan, and from which yard and other requirements shall be measured.
- ROADSIDE FARM STAND or AGRICULTURAL STAND
- A booth, stall or display area exceeding 50 square feet in area located on a farm from which agricultural products are sold to the general public.
- ROADSIDE STAND
- A display area less than 100 square feet in area located
on a parcel on which fruits, vegetables or plants are home grown and
sold to the general public.[Added 4-25-2017 by L.L. No. 5-2017]
- SEPTIC TANK
- A watertight receptacle that receives the discharge of sewage from a building, sewer or part thereof and is designed and constructed so as to permit settling of solids, digestion of the organic matter and discharge of the liquid portion into a disposal area.
- An area extending the full width of the lot, described or a distance between the street right-of-way and building for the full required front yard depth within which no buildings or parts of buildings may be erected.
- SHOPPING CENTER
- A group of retail and service businesses which have an integrated
architectural and site design and which have an anchor tenant consisting
of either a supermarket or a department store if the anchor tenant
encompasses a minimum of 25,000 square feet of area.[Added 5-16-1994 by L.L. No. 9-1994]
- Any structure or part thereof, or any device attached to a building or painted or represented thereon, which shall display or include any letter, word, model, banner, pennant, insignia, device, trade flag or representation which is in the nature of, or which is used as, an announcement, direction or advertisement, for commercial purposes or otherwise. A "sign" includes a billboard and a neon tube, string of lights or similar device outlining or hung upon any part of a building or lot, but does not include the flag or insignia of any nation or group of nations or of any governmental agency or of any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event. Excluded from this definition are "signs" which are solely devoted to prohibiting trespassing, hunting or fishing.
- SIGN AREA
- Includes all faces of a sign, measured as follows:[Amended 11-29-1994 by L.L. No. 25-1994]
- (1) When such sign is on a plate or framed or outlined, all of the area of such plate or the area enclosed by such frame or outline shall be included.
- (2) When such sign consists only of letters, designs or figures engraved, painted, projected or in any manner affixed on a wall, the total area of such sign shall be deemed the area that encompasses all the letters and symbols of the sign, together with the area of any background of a color or material different from the general finish of the building, whether painted or applied.
- SITE PLAN
- A development plan for one or more lots on which is shown:
- (1) The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways.
- (2) The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices.
- (3) Any other information that may be reasonably required in order to make an informed determination pursuant to this chapter for the review and approval of site plans by the Planning Board.
- SLOPING ROOF
- Any roof that has a pitch equal to or greater than 3:12.[Added 1-16-2007 by L.L. No. 2-2007]
- SMALL WIND ENERGY SYSTEM
- A wind energy conversion system consisting of a wind turbine
(not to exceed 125 kilowatts of production), a tower, and associated
control or conversion electronics, which has a rated capacity intended
primarily to reduce on-site consumption of utility power.[Added 7-17-2007 by L.L. No. 15-2007; amended 5-24-2011 by L.L. No. 6-2011]
- SPECIAL EXCEPTION USE
- A use that is deemed appropriate in a particular district if specified conditions are met.
- That part of any building, exclusive of cellars but inclusive of basements, comprised between the level of one finished floor and the level of the next higher finished floor or, if there is no higher finished floor, then that part of the building comprised between the level of the highest finished floor and the top of the roof beams.
- STORY, HALF
- Any space, with a minimum clear height of five feet, partially within the roof framing where the clear height of not more than 50% of such space between the top of the floor beams and the structural ceiling level is seven feet six inches or more.
- A street, improved to the satisfaction of the Planning Board, which is one of the following:
- (1) An existing Town, county or state highway or street.
- (2) A street shown on an approved subdivision final plat.
- (3) A street shown on a map filed with the County Clerk (in accordance with § 280-a of the Town Law) prior to Planning Board authorization to review subdivisions.
- (4) A street shown on the Town Official Map.
- STREET LINE
- The dividing line between a lot and a street.
- STRUCTURAL ALTERATION
- Any change in the supporting members of a building, such as beams, columns, girders, footings, foundations or bearing walls.
- An assembly of materials, forming a construction framed of
component structural parts for occupancy or use, including buildings,
antenna support structures, and small wind-energy systems.[Added 12-8-1998 by L.L. No. 27-1998; amended 10-20-2009 by L.L. No. 13-2009]
- SWIMMING POOL
- A structure containing an artificial body of water which is greater than six feet long or wide and greater than 18 inches in depth at any point. Natural or man-made ponds all banks of which have a slope of less than 45° shall not be included in this definition.
- TELECOMMUNICATION TOWER
- A telecommunication tower is a type of wireless communication
facility designed and constructed specifically to support an antenna
array, and may include a monopole, self-supporting tower, guy-wire
support tower and other similar structures. A wireless communication
facility attached to an existing building or structure shall be excluded
from this definition.[Added 11-12-1997 by L.L. No. 26-1997]
- TOURIST CAMP
- Any lot, piece or parcel of ground where two or more tents, tent houses, camp cottages, house cars or house trailers used as living or sleeping quarters are or may be located, said camp being operated for or without compensation.
- TOURIST COTTAGE
- A detached building having less than 350 square feet of cross-sectional area, designed for or occupied as living and sleeping quarters for seasonal occupancy.
- TOWN BOARD
- The Town Board of the Town of Southold.
- A dwelling unit in a building containing at least three connected dwelling units divided by common vertical party walls with private entrances to each dwelling. A townhouse may include dwelling units owned in fee simple or in condominium or cooperative ownership or any combination thereof.
- TRAILER OR MOBILE HOME
- Any vehicle mounted on wheels, movable either by its own power or by being drawn by another vehicle and equipped to be used for living or sleeping quarters or so as to permit cooking. The term "trailer" shall include such vehicles if mounted on temporary or permanent foundations with the wheels removed and shall include the terms "automobile trailer" and "house car."
- (1) A dwelling unit which is occupied for habitation as a residence by persons, other than the owner or a family member of the owner, and for which rent is received by the owner, directly or indirectly, in exchange for such residential occupation for a period of less than 14 nights. For the purposes of this chapter, the term "transient rental property" shall mean all non-owner-occupied, single-family residences, two-family residences, and townhouses rented for a period of less than 14 nights and shall not include:
- (a) Any legally operating commercial hotel/motel business or bed-and-breakfast establishment operating exclusively and catering to transient clientele; that is, customers who customarily reside at these establishments for short durations for the purpose of vacationing, travel, business, recreational activities, conventions, emergencies and other activities that are customary to a commercial hotel/motel business.
- (b) A dwelling unit located on Fishers Island, due to the unique characteristics of the Island, including the lack of formal lodging for visitors.
- (2) The presence of the following shall create a presumption that a dwelling unit is being used as a transient rental property:
- (3) The foregoing presumption may be rebutted by evidence presented to the Code Enforcement Officer for the Town of Southold that the dwelling unit is not a transient rental property.
[Added 8-25-2015 by L.L. No. 7-2015]
- USABLE OPEN SPACE
- An unenclosed portion of the ground of a lot which is not devoted to driveways or parking spaces, which is free of structures of any kind, of which not more than 25% is roofed for shelter purposes only, the minimum dimension of which is 40 feet and which is available and accessible to all occupants of the building or buildings on the said lot for purposes of active or passive outdoor recreation.
- The purpose for which land or a structure is arranged, designed or intended or for which either land or a structure is or may be used, occupied or maintained.
- USE, ACCESSORY
- A use customarily incidental and subordinate to the main use on a lot, whether such accessory use is conducted in a principal or accessory building.
- WIRELESS COMMUNICATION FACILITY
- Antenna or antenna support structure and base equipment,
either individually or together, including permanent or temporary
movable facilities (i.e., wireless facilities mounted on vehicles,
boats or other mobile structures) used for the provision of any wireless
service.[Added 11-12-1997 by L.L. No. 26-1997; amended 2-2-1999 by L.L. No. 3-1999; 10-20-2009 by L.L. No. 13-2009]
- WIRELESS COMMUNICATIONS
- Any radio transmission and/or receiving service or use, including,
but not limited to, personal wireless services as defined in the Telecommunications
Act of 1996, which includes FCC licensed commercial telephone services,
personal communication services, specialized mobile radio, enhanced
specialized mobile radio, paging and similar services that currently
exist or that may in the future be developed.[Added 11-12-1997 by L.L. No. 26-1997; amended 2-2-1999 by L.L. No. 3-1999]
- An open space, other than a court, on the same lot with a building which is, exclusive of trees, shrubs and natural rock formations, unoccupied and unobstructed from the ground upward.
- YARD, FRONT
- An unoccupied ground area open to the sky between the street
line, or between the street line established by the Official Map of
the Town or an approved subdivision plat, and a line drawn parallel
thereto. Except, if the owner of the lot does not have the right to
use or travel over a bordering street, right-of-way or street line,
the side of the lot bordering that particular street, right-of-way
or street line shall not be considered to be a front yard, and any
accessory structure placed in such yard shall comply with the applicable
side yard setbacks for the zoning district within which it is located.[Amended 3-28-2000 by L.L. No. 6-2000]
- YARD LINE
- A line drawn parallel to a street or lot line at a distance therefrom equal to the respective yard dimension required by this chapter.
- YARD, REAR
- An unoccupied ground area fully open to the sky between the rear lot line and a line drawn parallel thereto.
- YARD, SIDE
- An unoccupied ground area fully open to the sky between any property line other than a street or rear lot line and a line drawn parallel thereto between the front and rear yards.
- A finite area of land, as designated by its boundaries on the Zoning Map, throughout which specific and uniform regulations govern the use of land and/or the location, size and use of buildings.
- ZONING BOARD
- See "Board of Appeals."
- ZONING MAP
- The map annexed to and made part of this chapter indicating zone boundaries.
Editor's Note: The former definition of "certificate of determination," added 5-20-1993 by L.L. No. 5-1993, which immediately followed this definition, was repealed 7-11-1995 by L.L. No. 16-1995.