Amendment to Sections 280-13 (C) and 280-17 (C) ‘A

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 5th day of September, 2019 a Local Law entitled, “A Local Law in relation to an Amendment to Sections 280-13 (C) and 280-17 (C) ‘Accessory Uses’ of the Southold Town Code with regard to allowing direct marketing by a bona fide aquaculture/mariculture farm operations” 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 24th day of September, 2019 at 7:02 p.m. at which time all interested persons will be given an opportunity to be heard and be it further 

The proposed Local Law entitled,” “A Local Law in relation to an Amendment to Sections 280-13 (C) and 280-17 (C) ‘Accessory Uses’ of the Southold Town Code with regard to allowing direct marketing by a bona fide aquaculture/mariculture farm operations”.

    LOCAL LAW NO.      2019

A Local Law entitled, “A Local Law in relation to an Amendment to Sections 280-13 (C) and 280-17 (C) ‘Accessory Uses’ of the Southold Town Code with regard to allowing direct marketing by a bona fide aquaculture/mariculture farm operations”.

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

I.    Purpose 

The Town Board recognizes the unique challenges faced by bona fide aquaculture/mariculture farm operations with regard to the ability to directly market their produce compared to agricultural farm operations that can utilize on farm marketing opportunities.

The purpose of this local law is to give bona fide aquaculture/mariculture farm operations the ability to directly market their produce by allowing direct marketing of their produce at the primary residence of the owner of a bona fide acquaculture/mariculture farm operation and at a bona fide agricultural farm operations

§ 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:

C.    Accessory uses, limited to the following uses and subject to the conditions listed in 

§ 280-15 herein:

(1)    Any customary structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter. 

(14)  Direct marketing of aquaculture or mariculture products, subject to the following requirements:

(a)    Only bona fide acquaculture/mariculture farm operations may engage in the direct marketing of aquaculture or mariculture products pursuant to this section;

(b)  A bona fide acquaculture/mariculture farm operation may engage in the direct marketing of their produce at one of the following locations, but not both:

(1)    a parcel containing a single-family dwelling that is the primary residence of the owner of a bona fide aquaculture/mariculture farm operation, or;

(2)    a parcel used as part of a bona fide farm operation located on State Route 25 (“Main Road”) or County Road 48 (the “North Road”);

(c)    only products grown by the bona fide aquaculture/mariculture farm operation may be sold;

(d)    Notwithstanding anything set forth elsewhere in this article, a temporary display area located in the front yard of the parcel may be used in connection with direct marketing taking place at the primary residence of the owner of a bona fide aquaculture/mariculture farm operation,  subject to the following requirements:

(1)    the display area shall not exceed 100 square feet and may not be enclosed;

(2)    a refrigeration unit, not exceeding 5 cubic feet in size, may be used in the display area;

(3)  no generators may be used to supply electric power to the display area.

    § 280-17 Use 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:

C.    Accessory uses, limited to the following:

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

(2)    Direct marketing of aquaculture or mariculture products, subject to the following requirements:

(a)    Only bona fide acquaculture/mariculture farm operations may engage in the direct marketing of aquaculture or mariculture products pursuant to this section;

(b)   A bona fide acquaculture/mariculture farm operation may engage in the direct marketing of their produce at one of the following locations, but not both:

(1)    a parcel containing a single-family dwelling that is the primary residence of the owner of a bona fide aquaculture/mariculture farm operation, or;

(2)    a parcel used as part of a bona fide farm operation located on State Route 25 (“Main Road”) or County Road 48 (the “North Road”);

(c)    only products grown by the bona fide aquaculture/mariculture farm operation may be sold;

(d)    Notwithstanding anything set forth elsewhere in this article, a temporary display area located in the front yard of the parcel may be used in connection with direct marketing taking place at the primary residence of the owner of a bona fide aquaculture/mariculture farm operation,  subject to the following requirements:

(1)    the display area shall not exceed 100 square feet and may not be enclosed;

(2)    a refrigeration unit, not exceeding 5 cubic feet in size, may be used in the display area;

(3)  no generators may be used to supply electric power to the display area.

(3)   Same as § 280-13D of the A-C, R-80, R-120, R-200 and R-400 Districts. [Added 12-5-2017 by L.L. No. 20-2017] 

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:  September 5, 2019                BY THE ORDER OF THE 

                            SOUTHOLD TOWN BOARD

                            Elizabeth A. Neville

                            Southold Town Clerk