Public Notice: Town of Southold — Amendments to Chapter 280 of the Town Code entitled ‘Zoning’

Event Date: 
Tue, 12/05/2017 - 7:30pm - 8:30pm

LEGAL NOTICE

NOTICE OF PUBLIC HEARING

 

WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 8th day of November, 2017, a Local Law entitled “A Local Law in relation to Amendments to Chapter 280 of the Town Code entitled ‘Zoning’” and it is

 

RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 5th day of December, 2017 at 7:30 p.m. at which time all interested persons will be given an opportunity to be heard.

 

The proposed Local Law entitled, “A Local Law in relation to Amendments to Chapter 280 of the Town Code entitled ‘Zoning’” reads as follows:

 

LOCAL LAW NO.      2017

 

A Local Law entitled, “A Local Law in relation to Amendments to Chapter Chapter 280 Zoning, in connection with the Affordable Housing”.

 

BE IT ENACTED by the Town Board of the Town of Southold as follows:

 

I.                Purpose.

To amend Chapter 280 to increase options for affordable housing within the Town of Southold and to increase regulatory compliance and grant funding availability for the same.

 

II.        Chapter 280 of the Code of the Town of Southold is hereby amended by adding the underlined words and removing the struck items as follows:

§ 280-13Use regulations.

[Amended 3-14-1989 by L.L. No. 3-1989]

In A-C, R-80, R-120, R-200 and R-400 Districts, 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:

B.        Uses permitted by special exception by the Board of Appeals. The following uses

            are permitted as special exception by the Board of Appeals, as hereinafter

            provided, and, except for the uses set forth in Subsections B(1), (13) and (14)

            hereof, are subject to site plan approval by the Planning Board:

                        (17)     Conversion of existing space to affordable residential housing.

                                    a.         Tenants shall be reserved to moderate-income individuals and

                                                families who do not have any ownership interest in any other

                                                residence or vacant lot. Tenants must work or reside in the Town

                                                of Southold at the time they take possession. The eligible

                                                applicants must be registered in the Town of Southold Housing

                                                Registry, administered by the Government Liaison Officer prior to

                                                the commencement of any tenancy.

b.         Converted space shall be limited to a maximum of six (6) moderate
            income residential rental units. 

c.         As a condition of the granting of a special exception by the Zoning

            Board of Appeals, property owners must convert said applied for

            space to residential use within six (6) months, rent the units at a

            rate at or below the maximum allowable monthly rent for

            affordable housing units, and maintain the excepted residential

            units as affordable residential housing for a minimum period of

            eight (8) years from the date of granting

d.         All converted affordable residential housing shall be subject to all

            Town and County building code and septic specifications.

e.         All converted affordable residential housing must have at least one

            parking space per unit.

f.          The premises must be located within a designated hamlet locus

            (HALO) zone

            D.        Rental permit for accessory apartments. Notwithstanding any prior course of

                        conduct or permission granted, no owner of property shall cause, permit, or allow

                        the occupancy or use of an accessory apartment created pursuant to § 280-13A(6)

                        or § 280-13B(13) without a valid rental permit issued upon application to the

                        Chief Building Inspector.[Added 6-15-2010 by L.L. No. 2-2010]

                        (3) The owner of an accessory apartment in an accessory structure lawfully

                        existing pursuant to § 280-13B(13) shall, in addition to the information required

                        in § 280-13D(1)(a) through (f), provide a certification that:

                                    (a) The existing single-family dwelling or the accessory apartment in the

                                    accessory structure is occupied by the owner as the owner's principal

                                    residence.

                                    (b) The other dwelling unit on the subject property is to be occupied by

                                    either a family member or a resident an individual who is currently on the

                                    Southold Town Affordable Housing Registry and eligible for placement.

                                    (c) Rents charged to a tenant from the Affordable Housing Registry shall

                                    not exceed the rent established by the Town Board annually pursuant to §

                                    280-30F of this Code.

                                    (d) The dwelling unit is in compliance with all of the provisions of the

                                    Code of the Town of Southold, the laws and sanitary and housing

                                    regulations of the County of Suffolk and the laws of the State of New

                                    York.

 

§ 280-17Use 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:

            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:

                        (3) Conversion of existing space to affordable residential housing.

                                    a. Tenants shall be reserved to moderate-income individuals and families

                                    who do not have any ownership interest in any other residence or vacant

                                    lot. Tenants must work or reside in the Town of Southold at the time they

                                    take possession. The eligible applicants must be registered in the Town of

                                    Southold Housing Registry, administered by the Government Liaison

                                    Officer prior to the commencement of any tenancy.

            b.  Converted space shall be limited to a maximum of six (6) moderate

            income residential rental units. 

            c.  As a condition of the granting of a special exception by the Zoning

            Board of Appeals, property owners must convert said applied for space to

            residential use within six (6) months, rent the units at a rate at or below the

            maximum allowable monthly rent for affordable housing units, and

            maintain the excepted residential units as affordable residential housing

            for a minimum period of eight (8) years from the date of granting

            d.  All converted affordable residential housing shall be subject to all

            Town and County building code and septic specifications.

            e.  All converted affordable residential housing must have at least one

            parking space per unit.

            f.   The premises must be located within a designated hamlet locus

            (HALO) zone

            C.        Accessory uses, limited to the following:

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

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

 

§ 280-30General regulations and requirements.

            A.        The Town Board shall require the recording of covenants and restrictions that

                        shall apply to all real property within the AHD District. The covenants and

                        restrictions shall contain terms and conditions as the Town Board and Planning

                        Board deem necessary to insure the property is used for purposes consistent with

                        the purposes for which the AHD zoning classification was created, and they shall

                        be subject to the approval of the Town Attorney. The covenants and restrictions

                        shall include the following: [Amended 5-3-2016 by L.L. No. 4-2016]

            C.        Eligibility (non-age-restricted). In each AHD, the sale or lease of dwelling units

                        and unimproved lots shall be reserved for moderate-income families who do not

                        have any ownership interest in any other residence or vacant lot. The net worth of

                        an applicant (individual or family) shall not exceed 25% of the purchase price of a

                        home sold pursuant to this section. The eligible applicants shall mustbe grouped

                        on a priority basis, and a lottery system will be registered in the Town of Southold

                        Housing Registry, administered by the Government Liaison Officer within each

                        group in a formula acceptable to the Town Board. The priority groups are as

                        follows: [Amended 7-29-2008 by L.L. No. 8-2008; 5-3-2016 by L.L. No. 4-2016]

                        (1) Income-eligible individuals or families who have lived in the Town of

                        Southold in the same school district as the dwelling unit or lot for a period of at

                        least three years prior to the submission of their application.

                        (2) Income-eligible individuals or families who have lived in the Town of

                        Southold for a period of at least three years prior to the submission of their

                        application.

                        (3) Income-eligible individuals/families who have been employed in the Town of

                        Southold for a period of at least three years prior to the submission of their                                    application.

                        (4) Income-eligible individuals/families who have previously lived for a

                        minimum of three years in the Town of Southold and wish to return.

                        (5) To all other eligible applicants.

            D.        Age-restricted (age 55 and over) dwelling units or unimproved lots. The sale or

                        lease of dwelling units and unimproved lots in an age-restricted community shall

                        be reserved for age eligible moderate-income families registered in the Town of

                        Southold Housing Registry, as administered by the Government Liaison Officer

                        in the following order of priority:[Amended 7-29-2008 by L.L. No. 8-2008]

                        (1) Income-eligible individuals or families where the head of household is age 55

                        or over, who have had a primary residence in the Town of Southold for a period

                        of at least five years prior to the submission of the application, and do not own

                        real estate. Household annual income may not exceed 80% of the HUD median

                        income for Suffolk County, and net worth may not exceed twice the price of the

                        unit to be purchased.

                        (2) Income-eligible individuals or families where the head of household is age 55

                        or over, who have had a primary residence in the Town of Southold for a period

                        of at least five years prior to the submission of the application, and do not own

                        real estate. Household annual income may not exceed 100% of the HUD median

                        income for Suffolk County, and net worth may not exceed twice the price of the

                        unit to be purchased.

                        (3) Income-eligible individuals or families where the head of household is age 55

                        or over, who have had a primary residence in the Town of Southold for a period

                        of at least five years prior to the submission of the application, and who will be

                        divested of all real estate holdings within 90 days of the contract execution with

                        the project sponsor (such ninety-day period may be extended by resolution of the

                        Town Board). Household annual income may not exceed 80% of the HUD

                        median income for Suffolk County, and net worth may not exceed twice the price

                        of the unit to be purchased.

                        (4) Income-eligible individuals or families where the head of household is age 55

                        or over, who have had a primary residence in the Town of Southold for a period

                        of at least five years prior to the submission of the application, and who will be

                        divested of all real estate holdings within 90 days of the contract execution with

                        the project sponsor (such ninety-day period may be extended by resolution of the

                        Town Board). Household annual income may not exceed 100% of the HUD

                        median income for Suffolk County, and net worth may not exceed twice the price

                        of the unit to be purchased.

                        (5) Income-eligible individuals or families where the head of household is age 55

                        or over, who have had a residence in the Town of Southold for a period of at least

                        five years prior to the submission of the application, and who will be divested of

                        all real estate holdings within 90 days of the contract execution with the project

                        sponsor. Household annual income may not exceed 100% of the HUD median

                        income for Suffolk County, and net worth may not exceed twice the price of the

                        unit to be purchased.

                        (6) Other income-eligible applicants age 55 or over whose household annual

            income may not exceed 100% of the HUD median income for Suffolk County, and net

            worth may not exceed twice the price of the unit to be purchased.

 

§ 280-38Use regulations.

In the Residential Office (RO) 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:

            B.        Uses permitted by special exception by 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, provided that

                        not more than one use shall be allowed for each 40,000 square feet of lot area:

            (6) Conversion of existing space to affordable residential housing.

            a. Tenants shall be reserved to moderate-income individuals and families

            who do not have any ownership interest in any other residence or vacant

            lot.. Tenants must work or reside in the Town of Southold at the time they

            take possession. The eligible applicants must be registered in the Town of

            Southold Housing Registry, administered by the Government Liaison

            Officer prior to the commencement of any tenancy.

            b.  Converted space shall be limited to a maximum of six (6) moderate

            income residential rental units. 

            c.  As a condition of the granting of a special exception by the Zoning

            Board of Appeals, property owners must convert said applied for space to

            residential use within six (6) months, rent the units at a rate at or below the

            maximum allowable monthly rent for affordable housing units, and

            maintain the excepted residential units as affordable residential housing

            for a minimum period of eight (8) years from the date of granting

            d.  All converted affordable residential housing shall be subject to all

            Town and County building code and septic specifications.

            e.  All converted affordable residential housing must have at least one

            parking space per unit.

 

§ 280-41Use regulations.

In the LB 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:

            B.        Uses permitted by special exception by the Board of Appeals. The following uses

                        are permitted as a special exception by the Board of Appeals as hereinafter

                        provided and are subject to site plan approval by the Planning Board:

                        (5) Conversion of existing space to affordable residential housing.

            a. Tenants shall be reserved to moderate-income individuals and families

            who do not have any ownership interest in any other residence or vacant

            lot.. Tenants must work or reside in the Town of Southold at the time they

            take possession. The eligible applicants must be registered in the Town of

            Southold Housing Registry, administered by the Government Liaison

            Officer prior to the commencement of any tenancy.

            b.  Converted space shall be limited to a maximum of six (6) moderate

            income residential rental units. 

            c.  As a condition of the granting of a special exception by the Zoning

            Board of Appeals, property owners must convert said applied for space to

            residential use within six (6) months, rent the units at a rate at or below the

            maximum allowable monthly rent for affordable housing units, and

            maintain the excepted residential units as affordable residential housing

            for a minimum period of eight (8) years from the date of granting

            d.  All converted affordable residential housing shall be subject to all

            Town and County building code and septic specifications.

            e.  All converted affordable residential housing must have at least one

            parking space per unit.

 

§ 280-44Purpose.

The purpose of the Hamlet Business (HB) District is to provide for business development in the hamlet central business areas, including retail, office and service uses, public and semipublic uses, as well as hotel and motel and multifamily residential development that will support and enhance the retail development and provide a focus for the hamlet area.

 

§ 280-45Use regulations.

[Amended 5-9-1989 by L.L. No. 6-1989; 12-12-1989 by L.L. No. 23-1989; 7-31-1990 by L.L. No. 16-1990; 5-16-1994 by L.L. No. 9-1994; 11-26-1994 by L.L. No. 26-1994; 2-7-1995 by L.L. No. 3-1995; 10-17-1995 by L.L. No. 21-1995; 5-6-2003 by L.L. No. 10-2003]

In the HB 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. The following are permitted uses and, except for those uses

                        permitted under Subsection A(1), (2), (3) and (20) hereof, are subject to site plan

                        approval by the Planning Board:[Amended 4-20-2004 by L.L. No. 11-2004]

            (1) One-family detached dwelling,not to exceed one dwelling on each lot. The

            dwelling must be occupied by the owner of the property.

            (2) Two-family dwelling, not to exceed one dwelling on each lot. The dwelling

            must be occupied by the owner of the property.

            B.        Uses permitted by special exception by the Board of Appeals. The following uses

                        are permitted as a special exception by the Board of Appeals as hereinafter

                        provided, except Subsection B(10), which may be permitted as a special

                        exception by the Planning Board, and all such special exception uses shall be

                        subject to site plan approval by the Planning Board:

                        [Amended 6-20-2006 by L.L. No. 8-2006]

                        (11) Conversion of existing space to affordable residential housing.

            a. Tenants shall be reserved to moderate-income individuals and families

            who do not have any ownership interest in any other residence or vacant

            lot.. Tenants must work or reside in the Town of Southold at the time they

            take possession. The eligible applicants must be registered in the Town of

            Southold Housing Registry, administered by the Government Liaison

            Officer prior to the commencement of any tenancy.

            b. Converted space shall be limited to a maximum of six (6) moderate

            income residential rental units. 

            c. As a condition of the granting of a special exception by the Zoning

            Board of Appeals, property owners must convert said applied for space to

            residential use within six (6) months, rent the units at a rate at or below the

            maximum allowable monthly rent for affordable housing units, and

            maintain the excepted residential units as affordable residential housing

            for a minimum period of eight (8) years from the date of granting

            d. All converted affordable residential housing shall be subject to all Town

            and County building code and septic specifications.

            e. All converted affordable residential housing must have at least one

            parking space per unit.

            C.        Accessory uses. The following uses are permitted as accessory uses and, except

                        for residential accessory uses and signs, which are subject to Article XIX, are

                        subject to site plan review:

            (1) Accessory uses as set forth in and regulated by § 280-13C(1) through (7) of

            the Agricultural-Conservation District, and subject to the conditions set forth in §

            280-15 thereof.

            (2) Apartments are permitted within the principal building only, subject to the

            following requirements:

            (a) The Building Department issuing an accessory apartment permit.

            (b) The habitable floor area of each apartment shall be at least 350 square

            feet.

            (c) There shall be no more than three apartments created or maintained in

            any single structure. The Apartment shall have all requisite Suffolk

            County Department of Health approvals.

            (d) Each apartment shall have at least one off-street parking space.

            (e) Construction and/or remodeling of an existing structure to create an

            accessory apartment shall not trigger the need for site plan approval set

            forth specifically in § 280-127 and Article XXIV in general unless such

            construction or remodeling results in an increase of the foundation size of

            the structure.

            (f) The apartment(s) shall not comprise more than 50 40% of the principal

            building.

            (g) Each apartment on the subject property is to be occupied by either

            a property owner’s immediate family member or an individual who is

            registered on the Southold Town Affordable Housing Registry and is

            eligible for placement prior to possession being taken.

 

§ 280-48Use regulations.

B.        Uses permitted by special exception by the Board of Appeals. The following uses

            are permitted as a special exception by the Board of Appeals as hereinafter

            provided, except Subsection B(17), which may be permitted as a special

            exception by the Planning Board, and all such special exception uses shall be

            subject to site plan approval by the Planning Board.

                        (18) Conversion of existing space to affordable residential housing.

            a. Tenants shall be reserved to moderate-income individuals and families

            who do not have any ownership interest in any other residence or vacant

            lot.. Tenants must work or reside in the Town of Southold at the time they

            take possession. The eligible applicants must be registered in the Town of

            Southold Housing Registry, administered by the Government Liaison

            Officer prior to the commencement of any tenancy.

            b.  Converted space shall be limited to a maximum of six (6) moderate

            income residential rental units. 

            c.  As a condition of the granting of a special exception by the Zoning

            Board of Appeals, property owners must convert said applied for space to

            residential use within six (6) months, rent the units at a rate at or below the

            maximum allowable monthly rent for affordable housing units, and

            maintain the excepted residential units as affordable residential housing

            for a minimum period of eight (8) years from the date of granting

            d.  All converted affordable residential housing shall be subject to all

            Town and County building code and septic specifications.

            e.  All converted affordable residential housing must have at least one

            parking space per unit.

 

§ 280-58Use regulations.

            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, except Subsection B(10), which may be permitted as a special

                        exception by the Planning Board, and all such special exception uses shall be

                        subject to site plan approval by the Planning Board:

                        [Amended 5-23-1989 by L.L. No. 7-1989; 4-28-1997 by L.L. No. 6-1997;

                        11-12-1997 by L.L. No. 26-1997; 2-12-2013 by L.L. No. 2-2013; 6-17-2014 by

                        L.L. No. 7-2014]

                        (11) Conversion of existing space to affordable residential housing.

            a. Tenants shall be reserved to moderate-income individuals and families

            who do not have any ownership interest in any other residence or vacant

            lot. Tenants must work or reside in the Town of Southold at the time they

            take possession. The eligible applicants must be registered in the Town of

            Southold Housing Registry, administered by the Government Liaison

            Officer prior to the commencement of any tenancy.

            b.  Converted space shall be limited to a maximum of six (6) moderate

            income residential rental units. 

            c.  As a condition of the granting of a special exception by the Zoning

            Board of Appeals, property owners must convert said applied for space to

            residential use within six (6) months, rent the units at a rate at or below the

            maximum allowable monthly rent for affordable housing units, and

            maintain the excepted residential units as affordable residential housing

            for a minimum period of eight (8) years from the date of granting

            d.  All converted affordable residential housing shall be subject to all

            Town and County building code and septic specifications.

            e.  All converted affordable residential housing must have at least one

            parking space per unit.

            f.   The premises must be located within a designated hamlet locus

            (HALO) zone

 

§ 280-62Use regulations.

In the LI 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 purpose except the following:

            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, except Subsection B(10), which may be permitted as a special

                        exception by the Planning Board, and all such special exception uses shall be

                        subject to site plan approval by the Planning Board:

                        [Amended 4-28-1997 by L.L. No. 6-1997; 2-12-2013 by L.L. No. 2-2013;

                        6-17-2014 by L.L. No. 7-2014]

                        (18) Conversion of existing space to affordable residential housing.

            a. Tenants shall be reserved to moderate-income individuals and families

            who do not have any ownership interest in any other residence or vacant

            lot.. Tenants must work or reside in the Town of Southold at the time they

            take possession. The eligible applicants must be registered in the Town of

            Southold Housing Registry, administered by the Government Liaison

            Officer prior to the commencement of any tenancy.

            b.  Converted space shall be limited to a maximum of six (6) moderate

            income residential rental units. 

            c.  As a condition of the granting of a special exception by the Zoning

            Board of Appeals, property owners must convert said applied for space to

            residential use within six (6) months, rent the units at a rate at or below the

            maximum allowable monthly rent for affordable housing units, and

            maintain the excepted residential units as affordable residential housing

            for a minimum period of eight (8) years from the date of granting

            d.  All converted affordable residential housing shall be subject to all

            Town and County building code and septic specifications.

            e.  All converted affordable residential housing must have at least one

            parking space per unit.

 

III.       SEVERABILITY

If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.

 

IV.       EFFECTIVE DATE

This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.

 

 

Dated:  November 8, 2017                                                      BY THE ORDER OF THE

SOUTHOLD TOWN BOARD

Elizabeth A. Neville

Southold Town Clerk

 

PLEASE PUBLISH IN THE NOVEMBER 116, 2017 EDITION OF THE SUFFOLK TIMES AND PROVIDE ONE (1) AFFIDAVIT OF PUBLICATION TO THE SOUTHOLD TOWN CLERK’S OFFICE, PO BOX 1179, SOUTHOLD, NY  11971.