Town of Southold, NY Article IV Low-Density Residential R-40 District

[Added 1-10-1989 by L.L. No. 1-1989]

§ 280-16 Purpose.

The purpose of the Low-Density Residential R-40 District is to provide areas for residential development where existing neighborhood characteristics, water supply and environmental conditions permit full development densities of approximately one dwelling per acre and where open space and agricultural preservation are not predominate objectives.

§ 280-17 Use regulations.

In an R-40 District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following:

A. Permitted uses:

(1) Same as § 280-13A of the Agricultural-Conservation District, except that wineries are excluded.

[Amended 11-29-1994 by L.L. No. 26-1994]

B. Uses permitted by special exception of 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:

(1) Same as § 280-13B of the Agricultural-Conservation District, except that a children's recreation camp, farm labor camp and veterinarian's office and animal hospital are not permitted and bed-and-breakfast uses do not require site plan approval.

(2) Libraries, museums or art galleries.[1]

[1] Editor's Note: Former Subsection B(3), Conversion of existing space to affordable residential housing, added 12-5-2017 by L.L. No. 20-2017, was repealed 6-7-2022 by L.L. No. 5-2022.

C. Accessory uses, limited to the following:

(1) Same as § 280-13C of the Agricultural-Conservation District.

(2) Direct marketing of aquaculture or mariculture products, subject to the following requirements:

[Added 9-24-2019 by L.L. No. 15-2019[2]]

(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:

[1] A parcel containing a single-family dwelling that is the primary residence of the owner of a bona fide aquaculture/mariculture farm operation; or

[2] a parcel used as part of a bona fide farm operation located on State Route 25 ("Main Road") or County Road 48 (the "North Road");

(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:

[1] The display area shall not exceed 100 square feet and may not be enclosed;

[2] A refrigeration unit, not exceeding five cubic feet in size, may be used in the display area;

[3] No generators may be used to supply electric power to the display area.

[2] Editor’s Note: This ordinance also redesignated former Subsection C(2) as Subsection C(3).

(3) Same as § 280-13D of the A-C, R-80, R-120, R-200 and R-400 Districts.

[Added 12-5-2017 by L.L. No. 20-2017]

§ 280-18 Bulk, area and parking regulations.

No building or premises shall be used and no building or part thereof shall be erected or altered in the Low-Density Residential R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule,[1] with the same force and effect as if such regulations were set forth herein in full.

[1] Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking Schedule is in § 280-78A.

§ 280-19 Accessory buildings.

Accessory buildings shall be subject to the same requirements as § 280-15 of the Agricultural-Conservation District.