[Amended 7-31-1973; 7-1-1986 by L.L. No. 6-1986; 1-10-1989 by L.L. No. 1-1989; 8-27-2013 by L.L. No. 6-2013]
For the purpose of this chapter, the Town of
Southold, outside of the incorporated Village of Greenport, is hereby
divided into districts designated as follows:
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A-C
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Agricultural-Conservation District (two-acre
minimum)
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R-80
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Residential Low-Density District (two-acre minimum)
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R-40
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Residential Low-Density District (one-acre minimum)
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R-120
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Residential Low-Density District (three-acre
minimum)
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R-200
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Residential Low-Density District (five-acre
minimum)
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R-400
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Residential Low-Density District (ten-acre minimum)
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HD
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Hamlet Density Residential District
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AHD
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Affordable Housing District
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RR
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Resort Residential District
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RO
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Residential Office District
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HB
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Hamlet Business District
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LB
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Limited Business District
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B
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General Business District
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MI
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Marine I District
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MII
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Marine II District
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LIO
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Light Industrial Park/Planned Office Park District
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LI
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Light Industrial District
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PIR
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Plum Island Research District
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PIC
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Plum Island Conservation District
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[Amended 1-10-1989 by L.L. No. 1-1989; 11-30-2004 by L.L. No.
23-2004]
The boundaries of said districts are hereby
established as shown on the Zoning Map, dated November 3, 2004, which
accompanies this chapter and which, with all explanatory matter thereon,
is hereby adopted and made a part of and incorporated into this chapter.
Said map, indicating the latest amendments, shall be kept up-to-date,
and a copy thereof shall be kept in the office of the Building Inspector
for the use and benefit of the public.
In determining the boundaries of districts shown
on the Zoning Map, the following rules shall apply:
A.
Where district boundaries are indicated as approximately
following the center lines of streets, highways, waterways or railroad
rights-of-way, or such lines extended, such center lines shall be
construed to be such boundaries.
B.
Where such boundaries are indicated as approximately
following the property lines of parks or other publicly owned lands,
such lines shall be construed to be such boundaries.
C.
Unless otherwise shown, all district boundaries running
parallel to streets shall be construed to be 200 feet back from the
rights-of-way of said streets.
D.
In all cases where a district boundary divides a lot
in one ownership and more than 50% of the area of such lot lies in
the less restricted district, the regulations prescribed by this chapter
for the less restricted district shall apply to such portion of the
more restricted portion of said lot which lies within 30 feet of such
district boundary. For the purposes of this subsection, the "more
restricted district" shall be deemed that district subject to regulations
which:
E.
In all cases where a district boundary line is located
not more than 15 feet from a lot line of record, such boundary line
shall be construed to coincide with such lot line.
F.
In all other cases where dimensions are not shown
on the map, the location of boundaries shown on the map shall be determined
by the use of the scale appearing thereon.
G.
Unless shown on the Zoning Map, all tidal lands and
lands under water shall be deemed to be within the use district to
which they are contiguous.
Following the effective date of this chapter:
A.
No building shall be erected, moved, altered, rebuilt
or enlarged, nor shall any land or building be used, designed or arranged
to be used for any purpose or in any manner, except in conformity
with all regulations, requirements and restrictions specified in this
chapter for the district in which such building or land is located.
B.
No yard or open space required in connection with
any building or use shall be considered as providing a required open
space for any other building on the same or any other lot.
C.
No lot shall be formed from part of a lot already
occupied by a building unless such building, all yards and open spaces
connected therewith and the remaining lot comply with all requirements
prescribed by this chapter for the district in which said lot is located.
No building permit shall be issued for the erection of a building
on any new lot thus created unless such building and lot comply with
all the provisions of this chapter.
D.
Nothing contained in this chapter shall require any
change in the plans, construction or designated use of a building
complying with the Zoning Ordinance in force prior to this chapter
if the following is found to exist:
(1)
A building permit shall have been duly issued and
construction shall have been started before the effective date of
this chapter.
(2)
The ground story framework (including the second tier
of beams) shall have been completed within six months of the date
of the building permit.
(3)
The entire building shall have been completed in accordance
with such plans as have been filed with the Building Inspector within
one year from the effective date of this chapter.
E.
Any use not permitted by this chapter shall be deemed
to be prohibited. Any list of prohibited uses contained in any section
of this chapter shall be deemed to be not an exhaustive list but to
have been included for the purposes of clarity and emphasis.
[Amended 1-10-1989 by L.L. No. 1-1989]
F.
Notwithstanding the limitations imposed by any other
provisions of this chapter, no building, dredging or filling operation
shall be permitted below the datum of mean high water of tidal waters
unless such building, dredging or filling operations have been duly
authorized and are conducted in conformity with all laws, ordinances,
rules and regulations of all governmental agencies having jurisdiction
thereof.[1]
[Added 11-28-1995 by L.L. No. 23-1995; amended 7-22-1997 by L.L. No.
22-1997]
A.
A lot created by deed or Town approval shall be recognized
by the Town if any one of the following standards apply and if the
lots have not merged:
(1)
The identical lot was created by deed recorded in
the Suffolk County Clerk's office on or before June 30, 1983, and
the lot conformed to the minimum lot requirement(s) set forth in Bulk
Schedule AA[1] as of the date of lot creation.
[1]
Editor's Note: Bulk Schedule AA is located
a the end of this chapter.
(2)
The lot(s) in question is/are approved by the Southold
Town Planning Board.
(3)
The lot(s) in question is/are shown on a subdivision
map approved by the Southold Town Board prior to June 30, 1983.
(4)
The lot(s) in question is/are approved and/or recognized
by formal action of the Board of Appeals prior to June 30, 1983.
B.
All lots which are not recognized by the Town pursuant
to the above section shall not receive any building permits or other
development entitlements.
[Added 11-28-1995 by L.L. No. 23-1995]
A.
Merger. A nonconforming lot shall merge with an adjacent
conforming or nonconforming lot which has been held in common ownership
with the first lot at any time after July 1, 1983. An adjacent lot
is one which abuts with the parcel for a common course of 50 feet
or more in distance. Nonconforming lost shall merge until the total
lot size conforms to the current bulk schedule requirements.
[Amended 4-10-2007 by L.L. No. 10-2007]
B.
Definitions. ”Common ownership” shall
mean that the parcel is held by the same person in the same percentage
of ownership as an adjoining parcel.
[Amended 4-10-2007 by L.L. No. 10-2007]
C.
Exceptions. Lots which are recognized under § 280-9 and meet any of the following categories shall be exempt from the merger provision set forth above and shall not be deemed merged by operation of this chapter:
[Amended 3-4-1997 by L.L. No. 4-1997; 4-10-2007 by L.L. No. 10-2007]
(1)
The nonconforming lot has a minimum size of 40,000
square feet; or
(2)
The nonconforming lot obtained a lot size variance
from the Zoning Board; or
(4)
If the lot is on the maps described in former § 100-12,
the nonconforming lot has been held in single and separate ownership
from January 1, 1997, to date;
(5)
Each lot is currently developed with a one-family
dwelling with a minimum 850 square feet which falls within the existing
lot lines and which has a certificate of occupancy or would qualify
for one; or
(6)
If the lots would otherwise be recognized pursuant
to this chapter and subsequently would have merged by operation of
law as a result of the death of an owner or co-owner of one or more
of the adjoining lots, except that the lots shall not be held in common
ownership after the death of the surviving co-owner.
D.
Proof of merger. The Town shall require a person seeking
determination of merger to provide any or all of the following documents
for evaluation:
[Amended 3-4-1997 by L.L. No. 4-1997]
(1)
Proof of the date when the lot was created and the
size of the lot, together with a copy of a legal description of the
parcel, all to the satisfaction of the Town.
(2)
A copy of the current tax map and survey of the lot.
(3)
A copy of the original survey of the lot.
(4)
A title search showing single and separate ownership
of the property from July 1, 1983, to the present time, prepared by
a Suffolk County title insurance company indemnifying the Town of
Southold with $25,000 of insurance.
(5)
Other additional information or documentation as may
be deemed necessary.
E.
Effect of merger. No building permit or other development
entitlement will be issued by the Town until this section has been
complied with. The Building Department will issue a written determination
whether a property falls within an exemption to the merger provision.
[Amended 10-21-2008 by L.L. No. 14-2008]
If a lot has merged pursuant to the provisions of § 280-10, the Zoning Board of Appeals may waive the merger and recognize original lot lines upon public hearing and finding that:
A.
The lot proposed to be recognized has not been transferred to an
unrelated person or entity since the time the merger was effected;
and
B.
Upon balancing whether:
(1)
The proposed waiver would recognize a lot that is comparable in size
to a majority of the improved lots in the neighborhood;
(2)
The lot proposed to be recognized is vacant and has historically
been treated and maintained as a separate and independent residential
lot since the date of its original creation; and
(3)
The proposed waiver and recognition will not create an adverse impact
on the physical or environmental conditions in the neighborhood or
district.
