This chapter shall be enforced on behalf of the Board of Trustees by the Building Inspector. Said officer shall carry out the procedure as set forth in Chapter 154 of this Code. The Board of Trustees may make and adopt such further rules and regulations as are deemed necessary for the proper enforcement and administration of this chapter.
There shall be a Zoning Board of Appeals consisting
of five members appointed by the Board of Trustees. Said Zoning Board
of Appeals shall have the powers granted and be controlled by the
provisions of the Village Law and this chapter. Consistent with said
Village Law, the Zoning Board of Appeals shall determine its own rules
and procedure, the manner in which appeals shall be brought before
it and what notice must be given of proceedings before it.
[Added 3-27-2000 by L.L. No. 4-2000]
A.
Short title and applicability; alternate Zoning Board
of Appeals members act. This section shall apply to the appointments,
terms, functions and powers of alternate members appointed to serve
on the Zoning Board of Appeals in the Village of Massapequa Park.
B.
Declaration of policy. It is sometimes difficult to
maintain a quorum on the Zoning Board of Appeals because members are
ill, on extended vacation or find they have a conflict of interest
situation on a specific matter before such Board. In such instances,
official business cannot be conducted, which may delay or impede adherence
to required time lines and which may delay the appropriate process
for residents and taxpayers. The use of alternate members in such
instances is hereby authorized pursuant to the provisions of this
section.
C.
ALTERNATE MEMBER
MEMBER
ZONING BOARD OF APPEALS
Definitions. As used in this section, the following
terms shall have the meanings indicated:
An individual appointed by the Mayor with the consent of
the Board of Trustees to serve on the Village Zoning Board of Appeals
when a regular member is unable to participate on an application or
matter before the Board, as provided herein.
An individual appointed by the Mayor with the consent of
the Board of Trustees to serve on the Village Zoning Board of Appeals
pursuant to the provision of the local law or ordinance which first
established such Zoning Board of Appeals and any amendments thereto.
The Zoning Board of Appeals of the Village of Massapequa
Park as established by the Village Board of Trustees by local law
or ordinance pursuant to the provisions of § 7-712 of the
Village Law.
D.
Authorization; effect.
(1)
The Village Board of Trustees of Massapequa
Park hereby enacts this section to provide a process for appointing
alternate members of the Zoning Board of Appeals. These individuals
would serve when members are absent or unable to participate on an
application or matter before the Board, but shall be given notice
of and shall be encouraged to attend all meetings of such Board.
(2)
Alternate members of the Zoning Board of Appeals
shall be appointed by the Mayor subject to the approval of the Board
of Trustees for a term of one year. A maximum of three alternate members
may be appointed. Each alternate member shall be designated as either
"First Alternate," "Second Alternate" or "Third Alternate," and each
shall be called upon to serve on a rotation basis. If an alternate
member is not available to serve on a date when such alternate member
is called to serve, then the next alternate member shall serve. The
alternate member not able to serve shall next serve when that alternate's
time comes on the rotation.
[Amended 7-8-2002 by L.L. No. 3-2002]
(3)
The Chairperson of the Zoning Board of Appeals
shall immediately designate an alternate to substitute for a member
when such member is unable to participate on an application or matter
before the Board. Alternates shall be designated in order of priority.
When so designated, the alternate member shall possess all the powers
and responsibilities of such member of the Board. Such designation
shall be entered into the minutes of the initial Zoning Board of Appeals
meeting at which the substitution is made.
(4)
All provisions of state law relating to Zoning
Board of Appeals member eligibility, vacancy in office, removal, compatibility
of office and service on other boards, as well as any education, compensation
and attendance, shall also apply to alternate members.
E.
Supersession of Village Law. This section is hereby
adopted pursuant to the provisions of § 10 of the New York
State Municipal Home Rule Law and § 10 of the New York State
Statute of Local Governments. It is the intent of the Board of Trustees
pursuant to § 10 of the New York State Municipal Home Rule
Law to supersede the provisions of § 7-712 et seq. of the
Village Law relating to the appointment of members to the Village
Zoning Board of Appeals.
A.
Where there are practical difficulties or unnecessary
hardships in the way of carrying out the strict letter of these regulations,
the Zoning Board of Appeals shall have the power to vary or modify
the application of such regulations so that the spirit of the chapter
shall be observed, public welfare and safety secured and substantial
justice done.
B.
Special exceptions. When in its judgment the public
convenience and welfare will be substantially served and the appropriate
use of the neighboring property will not be substantially or permanently
injured, the Zoning Board of Appeals may, in a specific case, after
public notice and hearing and subject to appropriate conditions and
safeguards, authorize special exceptions to the regulations as provided
in the Village Law and as follows:
(1)
Permit in any district such modification of the requirements
of these regulations as said Board may deem necessary to secure an
appropriate development of a lot where adjacent to such lot on two
or more sides there are buildings that do not conform to these regulations.
(2)
Permit such modification of the yard, open space,
lot area or width regulations as may be necessary to secure an appropriate
improvement of a parcel of land where such parcel was separately owned
on June 29, 1937, and is of such restricted area or exceptional topography
that it cannot be appropriately improved without such modification.
(3)
Permit the location of a special permit use as listed in Article VI of this chapter in any part of a Business G District.
(4)
Permit the reconstruction of a building wholly or
partly destroyed by fire, the public enemy or act of God.
(5)
Permit the extension of a building or use into a more
restricted district immediately adjacent thereto, but not more than
50 feet beyond the boundary line of the district in which such building
or use is authorized.
(6)
Permit the use in a residence district of any use
authorized in a Business G District; in case, however, of a protest
against such change signed by 20% or more of the owners of all lands
within such districts as the said Board shall have determined to be
specifically affected by such proposed use or structure, such change
shall not become effective except by a favorable vote of all the members
of said Board.
C.
Duration of variance. On all variances granted by
the Zoning Board of Appeals, the applicant shall obtain his building
permit and start construction within 60 days from the date on which
the variance was granted, otherwise it shall be null and void.
A.
Form. Applications for a variance shall be made on
a form approved by the Board of Trustees of the Village, which form
shall be obtained from the Building Department of said Village.
B.
All applications for a variance shall be accompanied
by the following processing filing fee:
[Amended 11-26-1984 by L.L. No. 11-1984; 4-25-1988 by L.L. No. 3-1988; 1-7-1991 by L.L. No.
1-1991]
C.
Plot size; documents required. All applications for
a variance to build on a plot less than the plot size required by
this chapter shall be supported by the following documents:
(1)
A survey of the property upon which the variance is
requested, showing property a distance of 100 feet on both sides of
the subject property and the location of buildings thereon.
(2)
An abstract of title from a recognized title company
or abstract company showing ownership of the property from 1937 to
date, and accompanied by an affidavit attesting to the facts of ownership
for said period.
(3)
A metes and bounds description of the property for
which a variance is sought.
D.
Construction fee. All applications for construction of garages, additions to existing buildings, flat roofs or any variance with respect to construction of an alteration shall be accompanied by a fee as provided in Chapter A350, Fees, together with plans setting forth the proposed construction.
[Amended 7-9-1979 by L.L. No. 10-1979; 1-7-1991 by L.L. No. 1-1991]
A.
Authority. Nothing herein contained shall require
any change in the plans, construction or designated use of a building
actually under construction on June 29, 1937, and which entire building
shall be completed within one year from said date. Nothing herein
contained shall require any change in plan, construction or designated
use of a building for which a building permit has been heretofore
issued and which entire building shall be completed within one year
from June 29, 1937.
B.
Effect of zoning amendment. If an amendment to this
chapter is hereafter adopted changing the boundaries of districts,
the provisions of this chapter with regard to buildings or premises
existing or buildings under construction or building permits issued
on June 29, 1937, shall apply to buildings or premises existing or
buildings under construction or building permits issued in the area
affected by such amendment.
[Amended 8-22-1983 by L.L. No. 25-1983]
A.
Modification for subdivisions. If at any time there
shall be established a Planning Commission empowered to approve subdivision
plans or plats, as provided in § 179 of the Village Law,[1] said Planning Commission shall also have the power to
modify these zoning regulations for such subdivision.
[1]
Editor's Note: See now § 7-708 of
the Village Law.
B.
Recommendations. Said Planning Commission shall study
the application of this chapter and shall from time to time recommend
to the Board of Trustees such changes in the chapter and in the boundaries
of the various districts as it shall deem desirable in the public
interest.
[Amended 12-8-1986 by L.L. No. 10-1986; 11-28-1988 by L.L. No. 9-1988; 6-13-1994 by L.L. No. 20-1994]
A.
Enforcement and penalty shall be in accordance with Article I of Chapter 1, General Provisions, of the Code of the Village of Massapequa Park, except that a violation of any zoning ordinance adopted prior to September 1, 1974, is hereby declared to be an offense punishable by a fine of up to the maximum fine allowed by law or imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine of not less than $350 or up to the maximum fine allowed by law or imprisonment for a period not to exceed 15 days, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine of not less than $350 or up to the maximum fine allowed by law or imprisonment for a period not to exceed 15 days, or both.
B.
However, for the purpose of conferring jurisdiction
upon courts and judicial officers generally, violations of such zoning
ordinances shall be deemed misdemeanors, and for such purpose only,
all provisions of law relating to misdemeanors shall apply to such
violations. Each week's continued violation shall constitute a separate
additional violation.
