[Last amended 1-10-1989 by L.L. No. 1-1989]
The purpose of the Agricultural-Conservation
(A-C) District and the Low-Density Residential R-80, R-120, R-200
and R-400 Districts is to reasonably control and, to the extent possible,
prevent the unnecessary loss of those currently open lands within
the Town containing large and contiguous areas of prime agricultural
soils which are the basis for a significant portion of the Town's
economy and those areas with sensitive environmental features, including
aquifer recharge areas and bluffs. In addition, these areas provide
the open rural environment so highly valued by year-round residents
and those persons who support the Town of Southold's recreation, resort
and second-home economy. The economic, social and aesthetic benefits
which can be obtained for all citizens by limiting loss of such areas
are well documented and have inspired a host of governmental programs
designed, with varying degrees of success, to achieve this result.
For its part, the Town is expending large sums of money to protect
existing farm acreage. At the same time, the Town has an obligation
to exercise its authority to reasonably regulate the subdivision and
development of this land to further the same purposes while honoring
the legitimate interests of farmers and other farmland owners.
[Amended 3-14-1989 by L.L. No. 3-1989]
In A-C, R-80, R-120, R-200 and R-400 Districts,
no building or premises shall be used and no building or part of a
building shall be erected or altered which is arranged, intended or
designed to be used, in whole or in part, for any uses except the
following:
A.
Permitted uses.
[Amended 5-23-1989 by L.L. No. 8-1989; 11-29-1994 by L.L. No. 25-1994; 11-29-1994 by L.L. No. 26-1994; 5-13-1997 by L.L. No. 8-1997; 7-17-2007 by L.L. No. 15-2007; 6-15-2010 by L.L. No. 2-2010]
(1)
One-family detached dwellings, not to exceed one dwelling on each
lot.
(2)
The following agricultural operations and accessory uses thereto,
including irrigation, provided that there shall be no storage of manure,
fertilizer or other odor- or dust-producing substance or use, except
spraying and dusting to protect vegetation, within 150 feet of any
lot line:
(a)
The raising of field and garden crops, vineyard and orchard
farming, the maintenance of nurseries and the seasonal sale of products
grown on the premises.
(c)
Barns, storage buildings, greenhouses (including plastic-covered)
and other related structures, provided that such buildings shall conform
to the yard requirements for principal buildings.
(d)
The retail sale of local produce from structures of less than
20 square feet floor area shall be set back at least 10 feet from
any lot line.
(3)
Buildings, structures and uses owned or operated by the Town of Southold,
school districts, park districts and fire districts.
(4)
Wineries which meet the following standards:
(a)
The winery shall be a place or premises on which wine made from
primarily Long Island grapes is produced and sold;
(b)
The winery shall be on a parcel on which at least 10 acres are
devoted to vineyard or other agricultural purposes, and which is owned
by the winery owner;
(c)
The winery structures shall be set back a minimum of 100 feet
from a major road; and
(d)
The winery shall obtain site plan approval.
(5)
Small wind energy systems on parcels greater than seven acres in size, which parcels are dedicated primarily to uses necessary for bona fide agricultural production, and subject to the standards provided in Chapter 277 of this Town Code.
(6)
One accessory apartment in an existing one-family dwelling, subject to the issuance of a rental permit in accordance with § 280-13D and the following requirements:
[Amended 5-23-2023 by L.L. No. 12-2023]
(a)
The accessory apartment shall be located in the principal building.
(b)
One of the dwelling units shall be for the sole exclusive use of the owner or family member as defined in § 280-4. The other dwelling unit shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years.
(c)
The accessory apartment shall contain not less than 220 square
feet of livable floor area, with no more than two bedrooms and one
bathroom.
(d)
The accessory apartment shall not exceed 25% of the habitable
space of the entire residence based upon properly certified structures
at the time of the effective date of this code.
(e)
A minimum of three off-street parking spaces shall be provided.
(f)
Not more than one accessory apartment shall be permitted on
a lot.
(g)
The accessory apartment shall meet the requirements of an apartment as defined in § 280-4 hereof.
(h)
The exterior entry to the accessory apartment shall, to the
maximum extent possible, retain the existing exterior appearance of
a one-family dwelling.
(i)
Subject to all other restrictions and requirements in this Code,
a reasonable expansion of the existing foundation, not to exceed 25%
of the living space of the existing dwelling unit, may be permitted
to accommodate the creation of an accessory apartment.
(j)
All conversions shall be subject to the inspection of the Building
Inspector and issuance of a certificate of compliance.
(k)
The existing building, together with the accessory apartment, shall comply with all other requirements of Chapter 280 of the Town Code of the Town of Southold.
(l)
Notwithstanding the provisions of § 280-13B hereof, no site plan approval by the Planning Board shall be required for the establishment of an accessory apartment.
(m)
Approval by the Suffolk County Department of Health Services
of the water supply and sewage disposal systems shall be required.
(n)
No bed-and-breakfast facilities, as authorized by § 280-13B(14) hereof, shall be permitted in or on premises for which an accessory apartment is authorized or exists.
(7)
Land-based aquaculture operations, including research and development,
which meet the following standards:
[Added 9-22-2015 by L.L.
No. 8-2015]
(a)
The land-based aquaculture operations shall be on a parcel that is
at least seven acres, owned by the land-based aquaculture operator.
(b)
The structures used for land based aquaculture operations shall be
set back a minimum of 100 feet from any road and 200 feet from any
contiguous parcel.
(c)
Any land-based aquaculture operation shall take place in a fully
enclosed structure.
(d)
Any land-based aquaculture operation shall be entitled to a retail
area not more than 10% of the gross floor area of the structure in
which the land-based aquaculture takes place for the direct marketing
of its products.
(e)
Land-based aquaculture operations shall be subject to site plan approval
by the Planning Board.
B.
Uses permitted by special exception by the Board of Appeals. The
following uses are permitted as a special exception by the Board of
Appeals as hereinafter provided and subject to site plan approval
by the Planning Board, provided that not more than one use shall be
allowed for each 40,000 square feet of lot area:
[Amended 3-14-1989 by L.L. No. 3-1989; 5-20-1993 by L.L. No. 6-1993; 12-21-1993 by L.L. No. 3-1989; 11-29-1994 by L.L. No. 26-1994; 12-27-1994 by L.L. No. 30-1994; 2-7-1995 by L.L. No. 3-1995; 11-12-1996 by L.L. No.
20-1996; 11-12-1997 by L.L. No. 26-1997; 12-8-1998 by L.L. No.
26-1998; 10-25-2005 by L.L. No. 18-2005; 6-15-2010 by L.L. No.
2-2010; 12-5-2017 by L.L. No. 20-2017; 4-24-2018 by L.L. No. 3-2018; 6-7-2022 by L.L. No. 5-2022]
(1)
Two-family dwellings not to exceed one such dwelling on each lot.
(2)
Places of worship, including parish houses (but excluding a rectory
or parsonage, which shall conform to the requirements for a one-family
dwelling), subject to the following requirements:
(3)
Private elementary or high schools, colleges and other educational
institutions, subject to the following requirements:
(a)
No building shall be less than 50 feet from any street or lot
line.
(b)
The total area occupied by all principal and accessory buildings
shall not exceed 20% of the area of the lot.
(c)
Any school shall be a nonprofit organization within the meaning
of the Internal Revenue Act and shall be registered effectively thereunder
as such.
(d)
Any such school shall occupy a lot with an area of not less
than five acres plus one acre for each 25 pupils for which the building
is designed.
(4)
Nursery schools.
(5)
Philanthropic, eleemosynary or religious institutions, health care,
continuing care and life facilities, but excluding facilities for
the treatment of all types of drug addiction, subject to the following
requirements:
(a)
No building or part thereof or any parking or loading area shall
be located within 100 feet of any street line nor within 50 feet of
any lot line.
(b)
The total area covered by principal and accessory buildings
shall not exceed 20% of the area of the lot.
(c)
The maximum height shall be 35 feet or 2 1/2 stories.
(d)
The entire lot, except areas occupied by buildings or parking
or loading areas, shall be suitably landscaped and properly maintained.
(e)
Any health care, continuing care or life care facility shall
meet the following standards:
[1]
All buildings shall be of fire-resistive construction.
[2]
All such uses shall be served by adequate water and sewer systems
approved by the Suffolk County Department of Health.
[3]
Patients suffering from communicable diseases shall not be permitted
in any nursing home or sanatorium. (Communicable diseases are defined
by the Sanitary Code of the Public Health Council of the State of
New York.)
[4]
Eight thousand square feet of lot area shall be provided for
each patient bed.
(6)
Public utility rights-of-way as well as structures and other installations necessary to serve areas within the Town, except that wireless communication facilities must obtain approval pursuant to Article XVII, subject to such conditions as the Board of Appeals may impose in order to protect and promote the health, safety, appearance and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed.
(7)
Beach clubs, tennis clubs, country clubs, golf clubs and annual membership
clubs and accessory playgrounds, beaches, swimming pools, tennis courts,
recreational buildings and maintenance buildings catering exclusively
to members and their guests, subject to the following requirements:
(a)
No building or part thereof or any parking or loading area shall
be located within 100 feet of any street line or within 50 feet of
any lot line.
(b)
The total area covered by principal and accessory buildings
shall not exceed 20% of the area of the lot.
(c)
No such use shall occupy a lot with an area of less than three
acres.
(8)
Children's recreation camps organized primarily for seasonal use
and subject to the following requirements:
(a)
No building, tent, activity area or recreation facility shall
be less than 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 30 feet from each
other, except tents, which shall be not less than 10 feet apart.
(b)
The minimum lot area shall be not less than 10,000 square feet
for each cottage, tent or other principal building and not less than
3,000 square feet of land area shall be provided for each person accommodated
in the buildings or tents on the premises.
(c)
The sound level of all outdoor public-address systems shall
not exceed the intensity tolerable in a residential neighborhood.
(9)
Farm labor camps, subject to the following requirements:
(a)
All farm labor camps on farms shall be construed in conformance
with applicable laws and shall not be located nearer to any other
residence than the residence of the employer, except by specific review
and approval of the Planning Board.
(10)
Veterinarian's offices and animal hospitals, subject to the
following requirements:
(a)
The housing of all animals shall be in a fully enclosed structure,
if nearer than 150 feet to any lot line.
(11)
Cemeteries.
(12)
Stables and riding academies.
(13)
One accessory apartment in a lawfully existing detached accessory
garage, barn or storage building, subject to the following requirements:
(a)
The accessory apartment shall contain no less than 220 square
feet and shall not exceed 750 square feet of livable floor area and
shall have no more than two bedrooms and one bathroom.
[Amended 5-23-2023 by L.L. No. 12-2023]
(b)
A minimum of three off-street parking spaces shall be provided
on the premises.
(c)
Not more than one accessory apartment shall be permitted on
a lot.
(d)
The accessory apartment shall meet the requirements of an apartment as defined in § 280-4 hereof.
(e)
The entirety of the living floor area of the accessory apartment
must be on one floor of the accessory structure. If established on
the first floor, access to any storage area above shall be by pull-down
ladder staircase only. The structure must have been certificated a
minimum of three years prior to the establishment of the accessory
apartment.
[Amended 5-23-2023 by L.L. No. 12-2023]
(f)
The existing accessory structure shall comply with all other
requirements of this chapter.
(g)
Approval by the Suffolk County Department of Health Services
of the water supply and sewage disposal systems shall be required.
(h)
No bed-and-breakfast facilities, as authorized by § 280-13B(14) hereof, shall be permitted in or on premises for which an accessory apartment is authorized or exists.
(i)
Occupancy of resident structures on the premises shall be subject to the issuance of an annual rental permit in accordance with § 280-13D and the following requirements:
[1]
One of the dwelling units shall be for the sole, exclusive occupancy of the owner or family member as defined in § 280-4. The other dwelling unit shall be leased for year-round occupancy evidenced by a written lease for a term of one or more years to:
[Amended 5-23-2023 by L.L. No. 12-2023]
[2]
Rents charged to a resident on the Affordable Housing Registry shall not exceed the rent established by the Town Board annually pursuant to § 280-30F of this Code.
[3]
No accessory apartment shall be occupied by more than the number
of persons permitted to occupy the dwelling unit under Section 404
of the Property Maintenance Code of the New York State Uniform Fire
Prevention and Building Code.
[4]
An accessory apartment shall only be occupied or otherwise utilized
in accordance with the certificate of occupancy issued for the dwelling
unit.
(j)
The Chief Building Inspector, Zoning Inspector, and Town personnel
who are engaged in the enforcement of the provisions of this chapter
are authorized to make or cause to be made inspections to determine
compliance with this chapter and are authorized to enter upon any
property for the purpose of said inspections.
(k)
No special exception shall be granted unless the Zoning Board of Appeals, in addition to the considerations, determinations and findings required in §§ 280-142 and 280-143, specifically finds and determines the following:
[1]
That the granting of the special exception will not adversely
impact the privacy and use and enjoyment of any adjoining parcel.
[2]
That the granting of the special exception will not adversely
impact the character of the neighborhood in which it is located.
[3]
That the cumulative effect of approving the present application
along with previously approved applications will not have a cumulative
adverse impact on the surrounding neighborhood.
[4]
That the cumulative effect of approving the present application
along with previously approved applications will not have a cumulative
adverse impact on the school district in which the property is located.
[5]
That sufficient off-street parking exists on the subject property
to accommodate the proposed accessory apartment.
[6]
Whether adequate buffer yards and screening can and will be
provided to protect adjacent properties from possible detrimental
impacts of the proposed use.
(14)
Bed-and-breakfasts which have been issued a bed-and-breakfast
permit by the Building Inspector. Said permit shall be issued for
a term of one year if the following conditions are met:
(a)
A smoke alarm shall be provided on each floor and in every guest
room.
(b)
The dwelling shall have at least two exits and there shall be
a window large enough for emergency egress in each guest room.
(c)
The identification sign shall be no larger than two square feet
in areas zoned Residential-Office or higher, but there shall be no
exterior signage identifying the use as a bed-and-breakfast in residential
areas.
(d)
No accessory apartment, as authorized by § 280-13B(13) hereof, shall be permitted in or on premises for which a bed-and-breakfast facility is authorized or exists.
(15)
Historical society.
(16)
Preservation and use of a federal or state designated historic
building for the purpose of hosting community events, together with
the use of part of such building for professional offices and/or one
apartment, not to exceed a total of three uses per building, provided
that such building is owned and maintained by a not-for-profit historic
organization. In no event shall there be more than one apartment per
building.
C.
Accessory uses, limited to the following uses and subject to the conditions listed in § 280-15 herein:
(1)
Any customary structures or uses which are customarily
incidental to the principal use, except those prohibited by this chapter.
(2)
Home occupation, including home professional office
and home business office. In permitting these uses, the Town Board
recognizes that the residents historically have operated small businesses
which provide services to the community from their homes. The Board
finds that these businesses have not impacted negatively on the appearance
of these residential zones. In the Board's judgment, it finds that
in order to maintain the economic viability of the Town, to maintain
the rural quality of life and in the interests of the welfare of the
residents, these businesses (or home occupations) should be permitted
to continue. In setting forth the following subsections, the Board
intends to permit as of right certain business uses in residential
zones with the understanding that these uses are to be conducted in
a manner that will not alter the character of the residential neighborhoods.
The Board believes that the following subsections provide sufficient
safeguards to accomplish that aim. These uses shall be permitted,
provided that:
[Amended 4-9-1991 by L.L. No. 10-1991; 7-28-1992 by L.L. No.
14-1992]
(a)
No display of products shall be visible from
the street, and no stock-in-trade shall be kept on the premises.
(b)
Such occupation is incidental to the residential
use of the premises and is carried on in the main building by the
residents therein with not more than one nonresident assistant for
whom off-street parking must be provided on site.
(c)
Such occupation is carried on in an area not
to exceed 25% of the area of all floors of the main building, and
in no event shall such use occupy more than 500 square feet of floor
area.
(d)
There shall be no exterior effect at the property
line, such as noise, traffic, odor, dust, smoke, gas, fumes or radiation.
(e)
Studios where dancing or music instruction is
offered to groups in excess of five pupils at one time or where concerts
or recitals are held are prohibited.
(f)
In no manner shall the appearance of the building
be altered, nor shall the occupation be conducted in a manner that
would cause the premises to lose its residential character, including
but not limited to the use of colors, materials, construction or lighting.
(g)
Notwithstanding anything set forth elsewhere
in this article, home occupations, home business offices and home
professional offices shall in no event be deemed to include animal
hospitals, kennels, barbershops, beauty parlors, clinics or hospitals,
mortuaries, nursery schools, clubs, auto repair shops, restaurants,
tourist homes, rooming houses or boardinghouses and uses similar to
those listed above.[2]
(h)
Home occupations, home business office and home
professional offices shall not include manufacturing, fabrication
or construction of any type on the site.
(i)
The outdoor storage of equipment necessary for
residents connected with aquaculture shall be screened from view and
shall conform to the setbacks for accessory structures.
(3)
Boat docking facilities for the docking, mooring or
accommodation of noncommercial boats, subject to the following requirements:
(a)
There shall be docking or mooring facilities
for no more than two boats other than those owned and used by the
owner of the premises for his personal use.
(b)
The Town Trustees shall approve new boat docking
facilities.
(c)
Boats at such docking facilities shall not be
used for overnight sleeping purposes.
(4)
Garden house, toolhouse, storage building, playhouse,
wading pool, swimming pool or tennis court incidental to the residential
use of the premises and not operated for gain, subject to the following
requirements:
(a)
Any swimming pool shall be completely enclosed
with a permanent chain link (or similar type) fence of not more than
two-inch mesh, not less than four feet in height, erected, maintained
and provided with a self-closing, self-latching gate to prevent unauthorized
use of the pool and to prevent accidents. However, if said pool is
located more than four feet above the ground, then a fence is not
required, provided that all points of access to said pool are adequately
protected by a self-closing, self-latching gate. Any swimming pool
in existence at the effective date of the provisions of this subsection
shall, within one year from such date, comply with all of the provisions
hereof.
(b)
Individual outdoor tennis court related to residential
use on a lot containing a single-family detached dwelling, provided
that the same is set back not less than six feet from all lot lines
and that there is no lighting for after dark use.
(5)
Private garages; provided, however, that not more
than two passenger automobile spaces in such garages may be leased
to persons not resident on the premises.
(6)
Off-street parking spaces accessory to uses on the
premises. Not more than four off-street parking spaces shall be permitted
within the minimum front yard.
(7)
The storage of either a boat or travel trailer owned
and used by the owner or occupant of the premises on which such boat
or travel trailer is stored, for his personal use, subject to § 280-78Q,
Supplemental parking regulations,[3] and the following requirements:
(a)
Such boat or trailer shall not exceed 30 feet
in length.
(b)
Such boat or trailer shall be stored only in
the required rear yard, and the area occupied thereby, together with
the area of all buildings in the rear yard, shall not exceed 40% of
the area of the required rear yard.
(c)
Such boat or trailer shall not be located within
15 feet of any street or lot line.
(8)
Horses and domestic animals other than household pets,
provided that such animals shall not be housed within 40 feet of any
lot line. Housing for flocks of more than 25 fowl shall not be constructed
within 50 feet of any line.[4]
(9)
Yard sales, attic sales, garage sales, auction sales
or similar types of sales of personal property owned by the occupant
of the premises and located thereon, subject to the following requirements:
[Amended 6-2-2009 by L.L. No. 6-2009]
(a)
No more than two such sales shall be conducted
on any lot in any one calendar year.
(b)
Adequate supervised parking facilities shall
be provided.
(c)
No signs, except one on-premises sign not larger
than six square feet in size, displayed for a period of not longer
than one week immediately prior to the day of such sale, shall be
permitted.
(d)
A permit shall be obtained therefor from the
Town Clerk upon the payment of a fee of $15.
(e)
The display permit issued by the Town Clerk
shall be posted on the premises so it can be read from the street
and removed before sundown on the day of the sale.
(10)
Wineries may have an accessory gift shop on
the premises which may sell items accessory to wine, such as corkscrews,
wine glasses, decanters, items for the storage and display of wine,
books on winemaking and the region and nonspecific items bearing the
insignia of the winery. Wineries may not have a commercial kitchen
as an accessory use but may have a noncommercial kitchen facility
for private use by the employees.
[Added 11-29-1994 by L.L. No. 26-1994]
(11)
Child care.
[Added 11-12-1996 by L.L. No. 20-1996]
(12)
Use of aircraft in agricultural operations, provided that:
[Added 7-31-2018 by L.L.
No. 9-2018]
(a)
The use has been granted a special exception from the Zoning
Board of Appeals.
(b)
(c)
Notwithstanding the forgoing, the use of aircraft shall be limited
to spraying crops, surveying fields and transporting employees and
shall not be used for transporting nonemployees to and from the subject
premises.
(13)
Processing of agricultural products, which meet the following
standards:
[Added 6-4-2019 by L.L.
No. 6-2019]
(a)
The processing of agricultural products shall take place on a parcel that qualifies as a bona fide farm operation as defined in § 280-4 of this Code.
(b)
Notwithstanding the provisions in § 280-15C of this Code, the square footage of an agricultural processing building, or part of an agricultural building used for agricultural processing, shall not exceed 1.5% of the total size of the parcel on which it is located.
(c)
An agricultural processing building with a square footage of
3,000 square feet or less shall not be subject to site plan review.
(d)
Any site plan application for an agricultural processing building shall be entitled to the expedited processing and fees for agricultural related site plan applications set forth in Article XXIV of this chapter.
(e)
At least 66% of the agricultural products being processed must
have been grown by that bona fide farm operation. The requirement
in this subsection shall not apply in cases of a catastrophic crop
failure.
(14)
Direct marketing of aquaculture or mariculture products, subject
to the following requirements:
[Added 9-24-2019 by L.L.
No. 15-2019]
(a)
Only bona fide acquaculture/mariculture farm operations may engage
in the direct marketing of aquaculture or mariculture products pursuant
to this section;
(b)
A bona fide acquaculture/mariculture farm operation may engage in
the direct marketing of their produce at one of the following locations,
but not both:
(c)
Only products grown by the bona fide aquaculture/mariculture farm
operation may be sold;
(d)
Notwithstanding anything set forth elsewhere in this article, a temporary
display area located in the front yard of the parcel may be used in
connection with direct marketing taking place at the primary residence
of the owner of a bona fide aquaculture/mariculture farm operation,
subject to the following requirements:
(15)
Recreational uses.
[Added 5-18-2021 by L.L. No. 6-2021]
(a)
Permitted recreational uses include, but are not limited to,
uses such as tennis courts; pickleball courts; volleyball courts;
paddleball courts; basketball courts; shuffleboard courts; playgrounds;
jogging; hiking; outdoor ice skating rinks; outdoor skateboard/roller
skate facilities; football, baseball, soccer playing fields, and the
like, provided the following criteria are met:
[1]
The use is accessory to a community center or other not-for-profit
use;
[2]
The recreational use is located on, or within 200 feet of, the
parcel with the principle use;
[3]
The use shall be for the use of the general public;
[4]
The subject property on which the recreational use is to be
located must be owned by a community center or similar not-for-profit
corporation, or subject to a lease by the community center or not-for-profit
corporation for a period of not less than 10 years;
[5]
The recreational use shall be subject to special exception approval
by the Zoning Board of Appeals;
D.
Rental permit for accessory apartments. Notwithstanding any prior course of conduct or permission granted, no owner of property shall cause, permit, or allow the occupancy or use of an accessory apartment created pursuant to § 280-13A(6) or § 280-13B(13) without a valid rental permit issued upon application to the Chief Building Inspector.
[Added 6-15-2010 by L.L. No. 2-2010]
(1)
Content of application. An application for a rental permit or for
a renewal of a rental permit shall bear the notarized signature of
the owner and contain the following information:
(a)
The name, date of birth and telephone number of the owner.
(b)
The address of the subject property including street address
and Suffolk County Tax Map number.
(c)
In the event the owner is a corporation, partnership, limited
liability company or other business entity, the name, address and
telephone number of each owner, principal, officer, shareholder, partner
or member of such business.
(d)
The name(s) and telephone number(s) of all tenants.
(e)
A copy of the lease agreement between owner and tenant.
(f)
A copy of the certificate of occupancy or preexisting certificate
of occupancy for the property.
(2)
The owner of an accessory apartment within an existing one-family dwelling shall, in addition to the information required in § 280-13D(1)(a) through (f), provide a certification that the existing dwelling or accessory apartment is occupied by the owner and that the premises is in compliance with all of the provisions of the Code of the Town of Southold, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York.
(3)
The owner of an accessory apartment in an accessory structure lawfully existing pursuant to § 280-13B(13) shall, in addition to the information required in § 280-13D(1)(a) through (f), provide a certification that:
[Amended 12-5-2017 by L.L. No. 20-2017]
(a)
The existing single-family dwelling or the accessory apartment
in the accessory structure is occupied by the owner as the owner's
principal residence.
(b)
The other dwelling unit on the subject property is to be occupied
by either a family member or an individual who is currently on the
Southold Town Affordable Housing Registry and eligible for placement.
(c)
Rents charged to a tenant from the Affordable Housing Registry shall not exceed the rent established by the Town Board annually pursuant to § 280-30F of this Code.
(d)
The dwelling unit is in compliance with all of the provisions
of the Code of the Town of Southold, the laws and sanitary and housing
regulations of the County of Suffolk and the laws of the State of
New York.
(4)
Review of application. The application for a rental permit shall be reviewed for completeness and accuracy by the Chief Building Inspector and, in the case of applications pertaining to accessory apartments in accessory structures, by the Government Liaison Officer. The Chief Building Inspector shall not issue a rental permit unless the application includes all of the requisite information enumerated in § 280-13D(1) through (3) and written approval by the Government Liaison Officer that the requirements of § 280-13B(13)(j) have been satisfied. The Chief Building Inspector shall have the right to inspect the property to confirm compliance with the New York State Uniform Fire Prevention and Building Code and this Code.
[Amended 5-3-2016 by L.L.
No. 4-2016]
(5)
Fees. A nonrefundable annual permit application fee in the amount
of $150 shall be paid at the time of filing of an application for
a rental permit or a renewal rental permit for an accessory apartment
in an existing single-family dwelling. A nonrefundable annual permit
application fee in the amount of $100 shall be paid at the time of
filing of an application for a rental permit or a renewal rental permit
for an accessory apartment in an accessory structure.
(6)
Registry of permits. It shall be the duty of the Chief Building Inspector
to maintain a register of permits issued pursuant to this chapter.
Such register shall be kept by name of applicant and street address
and set forth the date of expiration of the rental permit.
(7)
Annual renewal. Rental permits issued pursuant to this chapter shall
be valid for a period of one year from the date of issuance and must
be renewed by application to the Chief Building Inspector in accordance
with the procedures for the issuance of the initial rental permit
within 10 days of expiration.
(8)
Penalties for offenses. In addition to any other penalties for violations
of this chapter, the Chief Building Inspector or Zoning Inspector
shall revoke a permit when he or she finds that the owner has caused,
permitted or allowed to exist and remain upon the premises a violation
of any provision of the Code of the Town of Southold for a period
of 14 days or more after written notice has been given to the owner.
Should the owner permit any such violation of this Code, the laws
and sanitary and housing regulations of the County of Suffolk and
the laws of the State of New York to remain uncured for a period of
30 days or more after written notice has been given to the owner,
the Chief Building Inspector may revoke the certificate of compliance
for the accessory apartment.
(9)
Appeal by owner. An appeal of a denial, revocation or renewal of
a rental permit by the Chief Building Inspector based upon the owner's
failure to satisfy the requirements of § 280-13B(13)(j)[1]
and [2] may be taken to the Housing Advisory Commission, by written
request, made within 30 days from the date of such revocation. The
Housing Advisory Commission shall hold a public hearing on such appeal
within 30 days after receipt of written notice of such appeal and,
after such hearing, shall make written findings and a decision either
sustaining such denial or revocation or issuing or reinstating such
permit within 30 days after close of such public hearing. Any appeal
of the revocation of a certificate of compliance must be presented
to the Zoning Board of Appeals within 30 days from the date of revocation.
[Added 9-3-1996 by L.L. No. 16-1996]
No building or premises shall be used and no
building or part thereof shall be erected or altered in the A-C, R-80,
R-120, R-200 and R-400 Districts unless the same conforms to the Bulk
Schedule and Parking Schedule[1] incorporated into this chapter with the same force and
effect as if such regulations were set forth herein full.
[1]
Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking Schedule is in § 280-78A.
[Amended 4-10-1990 by L.L. No. 6-1990; 7-17-1990 by L.L. No. 14-1990; 2-5-1991 by L.L. No. 2-1991; 12-22-1992 by L.L. No. 33-1992; 1-16-2007 by L.L. No. 2-2007; 4-22-2008 by L.L. No. 3-2008; 4-24-2018 by L.L. No. 3-2018]
In the Agricultural-Conservation District and Low-Density Residential
R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures
or other accessory uses shall be located in the required rear yard,
subject to the following requirements:
A.
Buildings with a flat or mansard roof shall not exceed 16 feet in
height and shall be set back at the minimum required for a sloping
roof.
B.
Buildings with a sloping roof shall be subject to the following height
and setback limitations:
|
Lot Size
(square feet)
|
Maximum Height
(feet)
|
Minimum Setback for Side and/or Rear Yard
(feet)
|
|---|---|---|
|
Less than 10,000
|
18
|
3
|
|
Less than 10,000
|
20
|
5
|
|
Less than 10,000
|
22
|
10
|
|
10,000 to 19,999
|
18
|
5
|
|
10,000 to 19,999
|
20
|
15
|
|
10,000 to 19,999
|
22
|
20
|
|
20,000 to 39,999
|
18
|
10
|
|
20,000 to 39,999
|
20
|
15
|
|
20,000 to 39,999
|
22
|
20
|
|
40,000 to 59,999
|
22
|
15
|
|
60,000 to 79,999
|
22
|
20
|
|
80,000 and over
|
22
|
25
|
C.
Such buildings shall not exceed 1,000 square feet on lots containing
up to 20,000 square feet and shall not exceed 1,200 square feet on
lots 20,000 square feet to 60,000 square feet. On lots over 60,000
square feet, no accessory building shall exceed 3% of the total size
of the parcel.
D.
Dormers are permitted on accessory buildings up to 80% of the roof width. This restriction shall not apply to buildings receiving a certificate of appropriateness from the Town of Southold Historic Preservation Commission pursuant to Chapter 170 of the Town Code.
E.
Any accessory structure that is not a building shall not exceed 18 feet in height and shall be set back at the minimum required in Subsection B above.
F.
In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front yard principal setback requirements as set forth by this Code and the side yard setback requirements for accessory buildings in Subsection B above.
