Public Hearing: Amendment to Zoning Code, Recreation Uses

LEGAL NOTICE
NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN, that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 23th day of March, 2021, a need for amendments to the zoning code; and

NOTICE IS HEREBY FURTHER GIVEN, it has been presented a Local Law entitled “A Local Law in relation to an Amendment to Chapter 280, Zoning” 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 18th day of May, 2021 at 7:01 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 an Amendment to Chapter 280, Zoning” reads as follows:

LOCAL LAW NO.      2021

A Local Law entitled, “A Local Law in relation to an Amendment to Chapter 280, Zoning”.

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

I. Purpose.
The purpose of this local law is to address issues concerning accessory recreational uses.

II. Chapter 280 of the Code of the Town of Southold is hereby amended to include the underlined words as follows:

§ 280-13 Use regulations.

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:

C. Accessory uses, limited to the following uses and subject to the conditions listed in § 280-15 herein:

(15)  Recreational uses.

A. Permitted recreational uses include, but are not limited to, uses such as tennis courts; pickleball courts; volleyball courts; paddleball courts; basketball courts; shuffleboard courts; playgrounds; jogging; hiking; outdoor ice skating rinks; outdoor skateboard/roller skate facilities; football, baseball, soccer playing fields, and the like, provided the following criteria are met:

(1) the use is accessory to a community center or other not-for-profit use;

(2) the recreational use is located on, or within 200 feet of, the parcel with the principle use;

(3) the use shall be for the use of the general public;

(4) the subject property on which the recreational use is to be located must be owned by a community center or similar not-for-profit corporation, or subject to a lease by the community center or not-for-profit corporation for a period of not less than 10 years;

(5) the recreational use shall be subject to special exception approval by the Zoning Board of Appeals;

(6) the following activities are prohibited:

  1. private events, leagues, private clubs, organization activities, or other uses which exclude participation by the general public
  2. the charging of a fee for use of the facility
  3. Retail sales, including the sale of food
  4. Outdoor lighting

(7) the following shall be permitted as part of the recreational use:

  1. benches
  2. viewing stands;
  3. Kiosks

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 after filing with the Secretary of State as provided by law.

Printable: Zoning Code, Recreational Uses

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