Southold City Zoning Code
ARTICLE XXII
Supplementary Regulations
§ 280-104 Exceptions and modifications.
A.
Established front yard setback. Where property in the vicinity is improved with principal buildings with front yards of less than that required by the provisions of this chapter, the front yard setback shall be the average setback of the existing buildings within 300 feet of the proposed building on the same side of the street within the same use district.
B.
Exceptions to lot depth requirements. The minimum lot depth at any point may be decreased to 75% of the minimum requirement if the average depth conforms to the minimum requirement.
C.
Exceptions to yard requirements.
(1)
Permitted obstructions. Cornices or cantilevered roofs may project not more than two feet into a required yard. Belt courses, windowsills and other ornamental features may project not more than six inches into a required yard. Fences or walls not over four feet in height may be erected anywhere on the lot, except as set forth in § 280-106 herein. Paved terraces, steps and walks (other than such as are needed for access to the buildings on the lot) shall not project within 15 feet of a street line or four feet of a property line.
(2)
Entries and porticos. A roofed-over but unenclosed projection in the nature of an entry or portico, not more than six feet wide and extending not more than five feet out from the front wall of the building, shall be exempt from the requirements of this section when the building otherwise complies with the regulations of this section. In computing the average setback, the presence of such entries and porticos shall be ignored.
[Amended 7-13-1993 by L.L. No. 12-1993]
(3)
Permitted projections. In any district, chimneys on residential, public or semipublic buildings may project into a required yard to the extent of not more than two feet. In any residential district, terraces or steps may project into any required yard, provided that no part thereof is nearer than four feet to any lot line.
[Amended 7-13-1993 by L.L. No. 12-1993]
D.
Height exceptions. The height limitations of this chapter shall not apply to:
[Amended 11-12-1997 by L.L. No. 26-1997]
(1)
Spires, belfries, cupolas and domes not for human occupancy; and monuments, transmission towers, excluding telecommunication towers, chimneys, derricks, conveyors, flagpoles, radio towers, television towers and television aerials, provided that no television or radio aerial shall be located nearer to any overhead electric transmission line carrying more than 220 volts than a distance equal to the aerial's height above the roof or other permanent structure to which it is attached.
(2)
Bulkheads, observation towers, monitors, fire towers, hose towers, cooling towers, water towers, grain elevators or other structures where a manufacturing process requires greater height but excluding wireless communication facilities, provided that any such structures that are located on any roof area that exceed in height the limits in the particular district shall not in the aggregate occupy more than 20% of the horizontal area of the roof and are set back one foot from the edge of the roof for each additional foot in height greater than the specified height.
(3)
All mechanical equipment necessary to operate building services, which equipment is located on the roof of a structure, shall be screened in a manner approved by the Planning Board.
E.
Retail sales in residential districts. Notwithstanding any other provision of this chapter, all premises located in any residential district and upon which retail sales are conducted shall be subject to site plan approval by the Planning Board, pursuant to the provisions of Article XXIV.
F.
Exceptions for accessory buildings and structures. Notwithstanding any other provision of this chapter, accessory buildings and structures in all zoning districts must comply with the location and minimum setback requirements provided at § 280-15, with the following provisions:
[Added 5-31-1994 by L.L. No. 10-1994]
(1)
An accessory building may be otherwise located when attached by a breezeway, provided that it is used only for accessory storage or garage purposes and meets all setback provisions required for the main, principal building.
(2)
In the event of a change from an accessory storage or garage use to livable floor area, the breezeway and garage-storage area may only be converted by direct access between the rooms and made an integral part of the existing livable floor area of the principal building for single-family use.
(3)
Other types of additions which connect two buildings must meet the setback requirements for the principal building.
(4)
Deck and/or patio additions to a principal building which do not connect two structures or buildings are permitted if they meet principal building setbacks.
§ 280-105 Height of fences, walls and berms.
[Amended 11-24-1992 by L.L. No. 25-1992; 10-19-2010 by L.L. No. 12-2010; 6-29-2021 by L.L. No. 9-2021]
Fences, walls or berms may be erected and maintained, subject to the following height limitations:
A.
When located in the front yard of residential zones, the same shall not exceed four feet in height. When located in the front yard of nonresidential zones, the same shall not exceed six feet in height.
B.
When located in or along side and rear yards, the same shall not exceed 6 1/2 feet in height.
C.
When located in or along a secondary front yard, the same shall not exceed 6 1/2 feet in height and shall be set back from the secondary front yard line no less than 10 feet.
D.
In residential and nonresidential zones, except properties/parcels engaged in bona fide agricultural production, the installation of a deer exclusion fence may be permitted by obtaining a building permit issued by the Building Inspector, subject to the following criteria:
(1)
When located in or along side and rear yards, the height of the deer exclusion fence shall not exceed eight feet.
(2)
When located in or along a secondary front yard, the height of the deer fence shall not exceed eight feet in height and shall be set back from the secondary front yard line no less than 10 feet.
(4)
Deer fencing is prohibited in or along the front yard or primary front yard of any property.
§ 280-106 Corner lots.
A.
On all corner lots, berms, walls, fences and hedges or any other potential obstruction to vision shall not exceed a height of 2 1/2 feet above the average street level within an isosceles triangle having thirty-foot sides along each street to preserve sight lines for traffic.
[Amended 6-29-2021 by L.L. No. 9-2021]
B.
On all corner lots, berms, walls, fences and hedges or any other potential obstruction to vision shall not exceed a height of 2 1/2 feet above the average street level within an isosceles triangle having thirty-foot sides along each street to preserve sight lines for traffic.
§ 280-107 Building length and separation for buildings containing multiple dwellings.
§ 280-108 Courts.
A.
Inner courts. An inner court is permitted in multifamily dwelling developments if the minimum dimension of such court is not less than two times the average height of all surrounding walls, but not less than 60 feet. The height of walls surrounding an inner court shall be measured from finished grade to the base thereof to the top of such wall, except that, in the case of roofs with a slope exceeding five inches vertical to 12 inches horizontal, the height shall be measured to the mean point of the roof.
B.
Outer courts. The minimum width of an outer court shall be 20 feet, and the depth thereof shall not exceed its width.
§ 280-109 Access requirements.
A.
Street access.
(1)
No building shall be erected on a lot that does not have direct access to a public street in accordance with § 280-a of the Town Law.
(2)
All buildings and structures shall be so located as to provide safe and convenient access for servicing, fire and police protection and off-street parking and/or loading.
B.
Residential rear or flag lots and accessways. Any rear lot or flag lot occupied or to be occupied by a one-family dwelling shall have access thereto by means of an accessway, having a width of not less than 15 feet, serving only such lot. The area of the accessway shall not be included in determining the area of any lot. The front yard of any lot having access to a street by means of an accessway shall be the required front yard specified for the district in which the lot is located and shall be measured from the rear lot line to the front lot.
C.
All lots improved with a building or structure must ensure that access is at least 15 feet in width and at least 15 feet in height, subject to approval by the Building Inspector for residential structures.
[Added 3-26-1991 by L.L. No. 8-1991; amended 6-11-1996 by L.L. No. 10-1996]
§ 280-110 Open storage.
[Amended 3-26-1991 by L.L. No. 7-1991; 12-22-1992 by L.L. No. 35-1992; 8-8-2006 by L.L. No. 12-2006]
No unenclosed debris, vehicles, vehicle parts or refuse may be kept on property in a residential district, except registered motor vehicles, recreation vehicles, boats and commercial vehicles as set forth in § 280-78, and except where located in an agricultural district and kept in connection with bona fide agricultural operations.
§ 280-111 Prohibited uses in all districts.
[Amended 11-24-1992 by L.L. No. 26-1992; 8-8-2006 by L.L. No. 7-2015; 8-25-2015 by L.L. No. 7-2015; 7-31-2018 by L.L. No. 9-2018; 12-14-2021 by L.L. No. 22-2021; 1-18-2022 by Res. No. 2022-117[1]; 10-18-2022 by L.L. No. 9-2022]
A.
Any use which is noxious, offensive or objectionable by reason of the emission of smoke, dust, gas, odor or other form of air pollution or by reason of the deposit, discharge or dispersal of liquid or solid wastes in any form in such manner or amount as to cause permanent damage to the soil and streams or to adversely affect the surrounding area or by reason of the creation of noise, vibration, electromagnetic or other disturbance or by reason of illumination by artificial light or light reflection beyond the limits of the lot on or from which such light or light reflection emanates; or which involves any dangerous fire, explosive, radioactive or other hazard; or which causes injury, annoyance or disturbance to any of the surrounding properties or to their owners and occupants; and any other process or use which is unwholesome and noisome and may be dangerous or prejudicial to health, safety or general welfare, except where such activity is licensed or regulated by other governmental agencies.
B.
Artificial lighting facilities of any kind which create glare beyond lot lines.
C.
Uses involving primary production of the following products from raw materials: charcoal and fuel briquettes; chemicals; aniline dyes; carbide; caustic soda; cellulose; chlorine; carbon black and bone black; creosote; hydrogen and oxygen; industrial alcohol; nitrates of an explosive nature; potash; plastic materials and synthetic resins; pyroxylin; rayon yarn; hydrochloric, nitric, phosphoric, picric and sulfuric acids; coal, coke and tar products, including gas manufacturing; explosives; gelatin, glue and size (animal); linoleum and oil cloth; matches; paint, varnishes and turpentine; rubber (natural or synthetic); soaps, including fat rendering; starch.
D.
The following processes:
(1)
Nitrating of cotton or of other materials.
(2)
Milling or processing of flour.
(3)
Magnesium foundry.
(4)
Reduction, refining, smelting and alloying metal or metal ores.
(5)
Refining secondary aluminum.
(6)
Refining petroleum products, such as gasolines, kerosene, naphtha and lubricating oil.
(7)
Distillation of wood or bones.
(8)
Reduction and processing of wood pulp and fiber, including paper mill operations.
E.
Operations involving stockyards, slaughterhouses and slag piles.
F.
Storage of explosives.
G.
Quarries.
H.
Storage of petroleum products. Notwithstanding any other provisions of this chapter, storage facilities with a total combined capacity of more than 20,000 gallons, including all tanks, pipelines, buildings, structures and accessory equipment designed, used or intended to be used for the storage of gasoline, fuel oil, kerosene, asphalt or other petroleum products, shall not be located within 1,000 feet of tidal waters or tidal wetlands.
I.
Encumbrances to public roads.
(1)
No person shall intentionally discharge or cause to be discharged any water of any kind onto a public highway, roadway, right-of-way or sidewalk causing a public nuisance or hazardous condition, or resulting in flooding or pooling in or around the public area, including neighboring properties.
(2)
No person shall place or cause to be placed obstructions of any kind, except the lawful parking of registered vehicles, upon a public highway, roadway, right-of-way or sidewalk that unreasonably interferes with the public's use of the public highway, roadway, right-of-way or sidewalk.
J.
Transient rental properties and transient rental amenities.
[Amended 8-29-2023 by L.L. No. 25-2023]
K.
Aircraft prohibited.
(1)
Helicopters prohibited. No person, firm or corporation, except those with prior valid approvals, shall land or cause to be landed, take off or cause to take off or taxi any helicopter on or from the waters, beaches or on any land within the Town of Southold.
(2)
Seaplanes prohibited. No person, firm or corporation shall land or cause to be landed, take off or cause to take off, taxi, or emplane or deplane any seaplane on or from Town beaches and waterways, trustee waters and beaches, Town waters, Town docks, and/or floats.
(3)
This subsection shall not apply to Town-owned airfields, medical or police emergency landings and takeoffs or aircraft involved in medical or military emergencies, or aircraft involved in operations involving public health and safety.
(4)
This subsection shall not apply to the use of aircraft as an accessory use to agricultural production as set forth in § 280-13C(12).
[1]
Editor's Note: This resolution repealed L.L. No. 22-2021.
§ 280-112 Provisions for community water, sewer and utility facilities.
Where public sewer and/or public water and/or public or private utility systems are required, no building or premises to be serviced by such systems shall be used or occupied nor shall a certificate of occupancy be issued with respect to the use and occupancy of such buildings and/or premises unless and until all such required systems and facilities have been constructed and are in proper operating condition and have been approved by all agencies having jurisdiction thereof.
§ 280-113 Land under water; filled land.
Streams, ponds, tidal marshes and portions of Long Island Sound and its various bays and estuaries, lying within the boundaries of the Town of Southold, whether or not so indicated on the Zoning Map as being in a particular use district, shall be considered as being in the most-restricted use district abutting thereon, and such zoning classification shall continue in force regardless of any filling or draining of such lands. Nothing herein contained shall be construed to permit the filling or dredging of such land. For the purpose of computing density for the development of any lot or lots, no land under water, unless filled pursuant to law, shall be included in computing the minimum lot area for each dwelling unit permitted under the appropriate zoning district in which the property lies.
§ 280-114 Excavations.
[Amended 6-15-1993 by L.L. No. 9-1993]
No excavation of any kind shall be permitted except in connection with the construction in the same lot of a building for which a building permit has been duly issued. In the event that a building operation is arrested prior to completion and the building permit therefor is allowed to lapse, within six months after the date of expiration of such permit, the premises shall be cleared of any rubbish or other unsightly accumulations, and topsoil shall be replaced over all areas from which such soil may have been removed. Any excavation for a basement or foundation with a depth greater than three feet below grade shall be either filled or surrounded by a substantial fence adequate to deny children access to the area and adequately maintained by the owner of the premises.
§ 280-115 Tourist camps, camp cottages and trailers.
A.
Permits required. No tourist camp shall be established, maintained or operated in any district nor shall any tent, tent house, camp cottage, house car or trailer to be used or occupied as a place for living, sleeping or eating, whether charge is or is not made, be erected or placed therein, unless authorized by the Town Board pursuant to the provisions of Chapter 253, Tourist and Trailer Camps.
B.
Automobile trailers or house cars. Notwithstanding any other provisions of this chapter, a single automobile trailer or house car may be located outside a tourist camp only when authorized by the Town Board and subject to such conditions as may be prescribed by the Town Board.
C.
Exemptions. This section shall not be deemed to apply to the temporary or seasonal camp of any unit of the Boy Scouts of America or the Girl Scouts of America or other such organizations under the leadership provided by said organizations, respectively.[1]
[1]
Editor's Note: Former § 100-239.3, Berms, which immediately followed this subsection, was repealed 11-24-1992 by L.L. No. 24-1992.
§ 280-116 Building setback requirements adjacent to water bodies and wetlands.
[Added 3-14-1989 by L.L. No. 3-1989; amended 11-24-1992 by L.L. No. 20-1992; 6-15-1993 by L.L. No. 8-1993; 12-15-2015 by L.L. No. 9-2015]
Notwithstanding any other provisions of this chapter, the following setback requirements shall apply to all buildings or structures located on lots adjacent to water bodies and wetlands:
A.
Lots adjacent to a bluff as defined in Chapter 275 of the Southold Town Code along the following bodies of water: Long Island Sound, Fishers Island Sound, Block Island Sound, Gardiners Bay, and Peconic Bay.
[Amended 5-9-2017 by L.L. No. 8-2017]
(1)
All buildings or structures located on lots upon which there exists a bluff landward of the shore or beach shall be set back not fewer than 100 feet from the top of such bluff.
(2)
Buildings or structures which are proposed landward of existing principal dwellings shall be exempt from the requirements set forth in Subsection A(1) hereof.[1]
[1]
Editor's Note: Former Subsection A(2), regarding lots adjacent to sounds, was repealed 5-9-2017 by L.L. No. 8-2017. This ordinance also provided for the renumbering of former Subsection A(3) as Subsection A(2).
B.
All buildings or structures located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than 75 feet from the bulkhead. The following exceptions will apply:
(1)
Buildings which are proposed landward of existing buildings.
(2)
Lands which are not bulkheaded and are subject to a determination by the Board of Town Trustees under Chapter 275, Wetlands and Shoreline, of the Code of the Town of Southold.
(3)
Docks, wharves, pilings, boardwalks, stairs, promenades, walkways and piers, which are accessory and separate from existing buildings or accessory structures.
C.
All buildings and structures located on lots adjacent to any freshwater body shall be set back not less than 75 feet from the edge of such water body or not less than 75 feet from the landward edge of the freshwater wetland, whichever is greater. The following exception will apply:
§ 280-117 Lighting restrictions.
[Added 12-27-1994 by L.L. No. 30-1994]
This section is adopted pursuant to the Town's police power. This section prohibits excessive light and glare by any use, restricts lighting in the middle of the night and sets a maximum height for lights to minimize the potential for glare.
A.
All outdoor lighting shall be shielded so that the light source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries.
B.
It is a general principle of the Town that parking lot lights should be turned off or reduced in intensity between 11:30 p.m. and 4:00 a.m.
C.
All freestanding outdoor lighting fixtures shall be limited to a height of no more than 14 feet above ground level. The fixture shall focus and direct the light as specified in Subsection A above.
D.
Recreational lighting may exceed the above height limit but is subject to the following standards:
(1)
All intensive recreational lighting shall be so located on the property with reference to surrounding properties that it shall be reasonably screened from view and compatible with the existing or potential use of neighboring properties.
(2)
No outdoor recreational facility, public or private, shall be illuminated after 11:00 p.m. except to conclude a recreational or sporting event or any other similar activity conducted at or in the facility which was in progress under such illumination prior to 11:00 p.m.
§ 280-118 Temporary outdoor display or storage.
[Added 6-11-1996 by L.L. No. 13-1996]
All uses permitted in the business zones, including the display and sale of merchandise and storage of all property, except living plants, shrubs and trees, shall be confined to fully enclosed buildings on the premises, except that the display and sale of merchandise incidental to the business on site may be permitted outside the building temporarily each day during the hours of business. In all cases, the storage or display of goods shall not interfere with public access or egress and may not restrict the public right-of-way or be placed in the minimum-required landscape buffer areas.
§ 280-119 Long-term outdoor display or storage.
[Added 6-11-1996 by L.L. No. 13-1996]
All uses which seek to display or store merchandise or property on any basis other than temporary, as described above, must obtain site plan approval for this activity. This section primarily is intended to apply to that merchandise or property which is too large to be kept inside, such as automobiles, boats, artifacts of museums or historical societies and building materials.