Amendments to Chapter 280

LEGAL NOTICE
NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 3rd day of July, 2018, a Local Law entitled “A Local Law in relation to Amendments to Chapter 280, ‘Zoning’ with regard to Helicopters” 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 the Southold Town Hall, 53095 Main Road, Southold, New York, on the   31st day of July, 2018 at 7:31 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’ with regard to Helicopters” reads as follows:

LOCAL LAW NO.      2018

A Local Law entitled, “A Local Law in relation to Amendments to Chapter 280, ‘Zoning’ with regard to Helicopters”.

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

I.Purpose.
To modify and clarify certain provision of the Town Code as it pertains to helicopters in order to better protect the quality of life enjoyed by Southold Town residents.
II.Chapter 280 of the Code of the Town of Southold is hereby amended as follows:

§ 280-13 Use 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:
A.Permitted uses. [Amended 5-23-1989 by L.L. No. 8-1989; 11-29-1994 by L.L. No. 25-1994; 11-29-1994 by L.L. No. 26-1994; 5-13-1997 by L.L. No. 8-1997; 7-17-2007 by L.L. No. 15-2007; 6-15-2010 by L.L. No. 2-2010]
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: [Amended 3-14-1989 by L.L. No. 3-1989; 5-20-1993 by L.L. No. 6-1993; 12-21-1993 by L.L. No. 3-1989; 11-29-1994 by L.L. No. 26-1994; 12-27-1994 by L.L. No. 30-1994; 2-7-1995 by L.L. No. 3-1995; 11-12-1996 by L.L. No. 20-1996; 11-12-1997 by L.L. No. 26-1997; 12-8-1998 by L.L. No. 26-1998; 10-25-2005 by L.L. No. 18-2005; 6-15-2010 by L.L. No. 2-2010]
C.Accessory uses, limited to the following uses and subject to the conditions listed in § 280-15 herein:
(12)Use of aircraft in agricultural operations, provided that:
(a)the use has been granted a special exception from the Zoning Board of
Appeals.
(b)in addition to the criteria for a special exception set forth in §§
280-142 7 143, the ZBA shall considering the following criteria:
(1) the anticipated frequency of flights
(2) the location of the proposed landing and take-off zone
(3) the location of residences
(4) the type of aircraft being used
(c)  Notwithstanding the forgoing, the use of aircraft shall be limited to
spraying crops, surveying, fields and transporting employees and
shall not be used for transporting non-employees to and from the
subject premises.

Article XXII. Supplementary Regulations

§ 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]

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.
DThe 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.

K.  Aircraft prohibited.

1.Helicopters prohibited. No person, firm or corporation 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 or taxi any seaplane on or from the waterways under the jurisdiction of the Town of Southold Board of Trustees.
3.This ordinance shall not apply to Town owned airfields, medical or police emergency landings and takeoffs or aircraft involved in medical or military emergencies.
4.This ordinance shall not apply to the use of aircraft as an accessory use to agricultural production as set forth in section 280-13(c)(12).


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:  July 3, 2018BY THE ORDER OF THE SOUTHOLD TOWN BOARD
Elizabeth A. Neville
Southold Town Clerk