Southold City Zoning Code
ARTICLE II
Districts
§ 280-5 District designations.
[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:
A-C | Agricultural-Conservation District (two-acre minimum) |
R-80 | Residential Low-Density District (two-acre minimum) |
R-40 | Residential Low-Density District (one-acre minimum) |
R-120 | Residential Low-Density District (three-acre minimum) |
R-200 | Residential Low-Density District (five-acre minimum) |
R-400 | Residential Low-Density District (ten-acre minimum) |
HD | Hamlet Density Residential District |
AHD | Affordable Housing District |
RR | Resort Residential District |
RO | Residential Office District |
HB | Hamlet Business District |
LB | Limited Business District |
B | General Business District |
MI | Marine I District |
MII | Marine II District |
LIO | Light Industrial Park/Planned Office Park District |
LI | Light Industrial District |
PIR | Plum Island Research District |
PIC | Plum Island Conservation District |
§ 280-6 Zoning Map.
[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.
§ 280-7 District boundaries.
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.
§ 280-8 Effect of establishment of districts.
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]
§ 280-9 Lot recognition.
[Added 11-28-1995 by L.L. No. 23-1995; amended 7-22-1997 by L.L. No. 22-1997; 3-4-2025 by L.L. No. 2-2025]
A.
A lot created by deed or Town approval shall be recognized by the Town if any one of the following standards apply:
(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 included as an attachment to 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.
§ 280-10 Merger.
[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 lot 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.
§ 280-11 Waiver of merger.
[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.