Amendment to Chapter 280, Zoning

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 25th day of February, 2020, A Local Law entitled, “A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Zoning Board of Appeals Application Fees” 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 7th day of April, 2020 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, in connection with Zoning Board of Appeals Application Fees” reads as follows:

LOCAL LAW NO.      2020

A Local Law entitled, “A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Zoning Board of Appeals Application Fees”.

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

I.    PURPOSE.

The Town Board has reviewed the Zoning Board of Appeals fees associated with applications for variances of as built structures handled by the Zoning Board of Appeals and have determined that the fees are outdates and require revision.

II.    AMENDMENT.

Chapter 280 of the Code of the Town of Southold is hereby amended by removing the struck through portion and adding the underlined portion to read as follows: 

§ 280-149 Fees.

A. The fees for all Zoning Board of Appeals Applications shall be as follows:

(1) For area variance applications involving fences, accessory structures or accessory buildings, alterations or additions containing less than 200 square feet in floor area, the fee shall be $250.

B. (2) For area variance applications involving fences, accessory structures or accessory buildings, alterations or additions 200 square feet in floor area or more, the fee shall be $500.

C. (3) For applications containing more than one request, each additional variance request shall have a fee of $250 (if under 200 square feet) and $500 (if 200 square feet or more).

D. (4) For applications for interpretations on appeal from an order, decision or determination of an administrative officer, the fee shall be $300 for each section of the Town Code for which an interpretation is requested.

E. (5) For applications for variances from Town Law § 280-a (rights-of-way), the fee shall be $400.

F. (6) For applications for re-hearings, the fees shall be as follows:

(1) a. For a rehearing necessitated by an amended notice of disapproval, the fee shall be 

$250, plus $250 for each additional variance requested (under 200 square feet) and $500 

for each additional variance requested (200 square feet or more).

(2) b. An amended decision requiring a hearing shall have a fee that is the same as the 

original application.

(3) c. Reopening the record on an appeal that has been closed shall have a fee that is the 

same as the original application.

(4) d. A hearing that has been re-calendared because it was adjourned without a date shall 

have a fee of $250.

G. (7) For applications for public entertainment and special events permits, the fee shall be $50.

H. (8) For applications for a special exception permit for a bed-and-breakfast, the fee shall be $750.

I. (9) For applications for a special exception permit for an accessory apartment located within an accessory structure, the fee shall be $500.

J. (10) For all other special exception permit applications involving property located in a residential zone, the fee shall be $750.

K. (11) For all special exception permit applications involving property located in a nonresidential zone, the fee shall be $1,200.

L. (12) For applications for a waiver of lot merger, the fee shall be $750.

M. (13) For all applications for a use variance, the fee shall be $1,000.

N. (14) For all applications for a variance of the provisions of Article XIX, Signs, of this chapter, the fee shall be $500 for each variance requested.

O. (15) For applications for a special exception permit for public utility structures and uses, the fee shall be $1,000.

B.  For any of the above listed applications, “as built” structures that have been previously built without a required variance, shall be subject to an application fee double the rate listed above. 

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.