[Added 3-24-2015 by Ord.
No. 3-2015]
The Town Board of the Town of Southold has found that there
exists within the Town certain structures with historic or community
significance that are in danger of being permanently removed from
the Town's scenic viewshed. The Town Board further finds these structures
are deserving of preservation for this and future generations. The
Town Board has determined that it is necessary to create a floating
zone, which will be known as a Historic Preservation District, to
afford an opportunity to protect these structures from demolition
by providing an incentive to developers to maintain the façade
of said structures, in exchange for the ability to enjoy additional
uses not currently permitted in the underlying zoning district.
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 International Dictionary of the English Language,
unabridged (or latest edition).
A retail space for artists to sell their individually crafted
art work, jewelry, furniture, sculpture, pottery, leather craft, handwoven
articles and related items.
An establishment for the preparation, display and sale of
individually crafted artwork, jewelry, furniture, sculpture, pottery,
leather craft, handwoven articles and related items.
A structure located on a property owned, or formerly owned,
by a religious institution, governmental institution, school, fraternal
organization, library district, or fire district.
A place of business where retail and wholesale products are
sold to the consumer. These centers, which may include a nursery and/or
greenhouse, import most of the items sold, and may include plants,
nursery and stock, potting soil, hardware, small scale power equipment
and machinery for residential purposes, hoes, rakes, shovels and other
garden and farm variety tools and utensils.
Offices such as insurance agencies, real estate agencies,
computer software services, financial planning securities brokers
and like-kind small business establishments excluding retail sales
of any kind or nature and limited to overall floor space of 3,000
square feet.
An application for the creation of a Historic Preservation District
shall not be accepted unless the property contains:
In the HPD, no building or premises shall be used and no building
or part of a building shall be erected or altered which is arranged,
intended or designed to be used, in whole or in part, for any use
except the following:
A.
Permitted uses. The following are permitted uses and, except for uses permitted under Subsection A(1), (2) and (3) hereof, are subject to site plan approval by the Planning Board:
(1)
Single-family homes.
(2)
Two-family homes.
(3)
Bed-and-breakfasts, subject to the procurement of a bed-and-breakfast
permit.
(4)
Multiple dwelling units - apartments (for properties located
within one mile of the hamlet centers).
(5)
Educational institutions.
(6)
Philanthropic, eleemosynary (charitable) or religious institutions.
(8)
Day-care facilities.
(9)
Small business offices.
(10)
Professional offices.
(11)
Museums and historical societies.
(12)
Meeting hall and cultural centers.
(13)
Auditorium/theatre, library, art gallery, exhibit halls.
(14)
Buildings, structures and uses owned or operated by the Town
of Southold, school districts, park districts and fire districts.
B.
Accessory uses. Accessory uses shall be limited to those which are
clearly incidental and customarily accessory to the permitted principal
use.
Prior to submitting an application for a proposed HPD, the applicant
shall participate in a pre-submission conference with Planning Department
staff in order to confirm that a community facility is located on
the proposed site, discuss the nature of the proposed HPD, the desired
results and submittal requirements.
A.
Application and fees. The application for the HPD shall be filed
with the Town Clerk, in a form approved by the Town Board and available
in the office of the Town Clerk. Fees applicable to the HPD application
shall be set by resolution of the Town Board.
B.
The procedure for approval of any future development in a proposed
HPD shall involve a four-stage application process as follows:
(1)
Submission to the Town Clerk of completed application for an
HPD.
(2)
Confirmation that the community facility is a "historic" landmark
or recommended as such, in a writing, by the Town of Southold Historic
Preservation Commission.
(3)
Recommendation by the Planning Board to approve the concept
plan of the subject property.
(4)
Public hearing on the proposed HPD by the Town Board.
C.
Referral to Historic Preservation Commission. Upon receipt by the
Town Clerk of a properly completed application for the establishment
of a HPD, one copy of the application shall be referred to the Historic
Preservation Commission in order to confirm that the community facility
is either a "historic" landmark or is recommended as such. Within
45 days from the date of the Historic Preservation Commission meeting
at which such referral is received, the Historic Preservation Commission
shall report its determination to the Town Clerk.
D.
Referral to Planning Board. Upon the receipt by the Town Clerk of
a report by the Historic Preservation Commission confirming that the
community facility is either a "historic" landmark or is recommended
as such, one copy of the application shall be referred to the Planning
Board for its review and report, and one copy shall be referred to
the Suffolk County Planning Commission for its review and recommendation,
if required by the provisions of the Suffolk County Charter. Within
60 days from the date of the Planning Board meeting at which such
referral is received, the Planning Board shall report its recommendations
to the Town Board. No action shall be taken by the Town Board until
receipt of the Planning Board report or the expiration of the Planning
Board review period, whichever first occurs. Said review period may
be extended by mutual consent of the Planning Board and the applicant.
E.
Planning Board report. The Planning Board, in its report to the Town
Board, may recommend either approval of the application for the establishment
of the HPD, with or without modifications, or disapproval of said
application. In the event that the Planning Board recommends disapproval
of said application, it shall state in its report the reasons for
such disapproval. In preparing its report and recommendations, the
Planning Board shall give consideration to the Town Comprehensive
Plan, the existing and permitted land uses in the area, the location
of buildings on the site, traffic circulation, both on and off the
site, the adequacy and availability of community facilities and utilities,
including public water and public sewer systems, to service the proposed
development and other factors as may be related to the purposes of
this article.
F.
Town Board public hearing. Within 45 days from the date of the Town
Board's receipt of the Planning Board's report and recommendation
or the expiration of the Planning Board review period, whichever first
occurs, the Town Board shall hold a public hearing on the matter of
establishing HPD on the property described in the application. Such
hearing shall be held upon the same notice as required by law for
amendments to the Town Zoning Map and/or Zoning Code.
G.
Town Board action.
(1)
Within 45 days after the date of the close of the public hearing,
the Town Board shall act either to approve, approve with modifications
or disapprove the proposed HPD. A copy of the Town Board's determination
shall be filed with the Planning Board and a copy mailed to the applicant.
A copy shall also be filed in the Town Clerk's office. If such determination
approves the establishment of a new HPD, the Town Clerk shall cause
the Official Zoning Map to be amended accordingly.
(2)
If not designated already, the Town Board shall designate the subject community facility as a Historic landmark prior to issuing approval and as such the said facility shall adhere to all the requirements imposed by Chapter 170.
(3)
Revocation; extension.
(a)
Upon request to the Town Board, on notice to the applicant,
and for good cause shown, the establishment of an HPD may be revoked
18 months after said Town Board approval thereof if work on the site
has not commenced or the same is not being prosecuted to conclusion
with reasonable diligence.
(b)
The Town Board, upon request of the applicant and upon good
cause being shown, may, in the exercise of its discretion, extend
the above time period.
(c)
In the event of the revocation of approval as herein provided,
the HPD shall be deemed revoked, and the zoning classification of
the subject property shall revert to the zoning classification that
existed on the property immediately prior to the establishment of
the HPD thereon, and the Town Clerk shall cause the Official Zoning
Map to be amended accordingly.
A.
The community facility and its façade shall be maintained in good repair and in accordance with all applicable provisions of the Property Maintenance Code of the New York State Uniform Fire Prevention and Building Code and Chapter 170.
B.
Following the Town Board approval of the HPD, the applicant shall file in the office of the Suffolk County Clerk covenants and restrictions in a form approved by the Town Attorney. The covenants and restrictions shall contain terms and conditions as the Town Board and the Planning Board deem necessary to ensure that the community facility and façade are maintained in good repair and in accordance with the Property Maintenance Code of the New York State Uniform Fire Prevention and Building Code and Chapter 170.
C.
If the community facility is demolished or otherwise destroyed, the
HPD shall terminate immediately and the zoning classification of the
subject property shall revert to the zoning classification that existed
on the property immediately prior to the establishment of the HPD
thereon, and the Town Clerk shall cause the Official Zoning Map to
be amended accordingly.
