Public Notice: Town of Southold — hearing on amending local law (non-conforming building uses)

Event Date: 
Tue, 09/26/2017 - 7:32pm - 8:00pm

LEGAL NOTICE

NOTICE OF PUBLIC HEARING

 

NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 29th day of August, 2017, a Local Law entitled “A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Nonconforming buildings with conforming uses” and

 

NOTICE IS HEREBY FURTHER GIVEN 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  26th  day of September 2017, at 7:32 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, Zoning, in connection with Nonconforming buildings with conforming uses” reads as follows:

 

LOCAL LAW NO.      2017

 

A Local Law entitled, “A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Nonconforming buildings with conforming uses”.

 

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

 

Chapter 280. Zoning

Article XXIII. Nonconforming Uses and Buildings

§ 280-122. Nonconforming buildings with conforming uses.

            A.        Nothing in this article shall be deemed to prevent the alteration or enlargement of

                        a nonconforming building containing a conforming use, provided that such action

                        does not create any new nonconformance or increase the degree of

                        nonconformance with regard to the regulations pertaining to such buildings.

                        [Amended 4-24-2012 by L.L. No. 6-2012]

            B.        Reconstruction of a damaged building.

                        (1)       A nonconforming building containing a conforming use which has been

                                    damaged by fire or other causes to the extent of more than 50% of its fair

                                    value shall not be repaired or rebuilt unless such building is made                                                     substantially to conform to the height and yard requirements of the Bulk

                                    Schedule.[1]  Nothing in this chapter shall prevent the complete restoration

                                    of a building destroyed by accidental cause such as fire, flood, explosion,

                                    riot, or act of God, nor prevent the continuance of the use of such building

                                    or part thereof. Such restored building shall not exceed the dimensions of

                                    the building destroyed.

                        (2)       Application for a permit to build or restore the damaged portion of any

                                    building damaged or destroyed as set forth in Subsection B(1) above shall

                                    be filed within one year of the date of such damage and shall be

                                    accompanied by plans for reconstruction which, as to such portion, shall

                                    comply with the requirements set forth above. If such permit is issued, it

                                    shall lapse one year thereafter unless reconstruction in accordance with the

                                    approved plans has been initiated

 

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 January 1, 2018.

 

Dated:  August 29, 2017                                 BY ORDER OF THE TOWN BOARD

                                                                        OF THE TOWN OF SOUTHOLD

                                                                                    Elizabeth A. Neville

                                                                                    Southold Town Clerk