The Town Board shall appoint a Building Inspector/Zoning
Officer. He is hereby given the power and authority to interpret,
administer and enforce the provisions of this chapter.
A.
The Town Board shall appoint a Zoning Board of Appeals
consisting of five members in accordance with the applicable provisions
of Town Law.
B.
Appeals. The Zoning Board of Appeals may hear and
decide appeals from and review any order, requirement, decision, interpretation
or determination made by the Building Inspector/Zoning Officer. It
shall also hear and decide all matters referred to it by the Building
Inspector/Zoning Officer or the Planning Board.
C.
Variances. The Zoning Board of Appeals shall have
the power to grant use variances or area variances, as defined herein,
taking into consideration the various factors enumerated in Town Law.
D.
Dimensional subdivisions. The Zoning Board of Appeals shall have the power to reseparate parcels of land which have merged pursuant to § 133-22.
E.
Special permits. The Zoning Board of Appeals shall have the power to grant special permits in those instances when a use is permitted in a certain location only if the Board of Appeals shall approve thereof in Districts A, AA and C based upon criteria set forth in § 133-35.
F.
Interpretations. The Zoning Board of Appeals may interpret
the meaning of:
(1)
Any provision of this chapter upon referral by the
Building Inspector/Zoning Officer or the Planning Board.
[Amended 12-28-2006 by L.L. No. 20-2006]
(2)
Any condition or requirement made under this chapter
as part of an appeal from an order, requirement, decision, interpretation
or determination made by the Building Inspector/Zoning Officer.
(3)
Any prior decision of the Zoning Board of Appeals.
G.
The Zoning Board of Appeals may authorize the Building Inspector/Zoning Officer to grant a permit for the restoration or reconstruction of a nonconforming structure in which a majority of the building has been damaged in accordance with § 133-23B, provided that the application of said permit is filed within two years after the damage has occurred.
[Amended 5-25-2007 by L.L. No. 5-2007]
H.
The grant of a variance or special permit by the Zoning
Board of Appeals shall expire two years thereafter unless a building
permit is obtained in accordance therewith, unless the Board's determination
involves an interpretation as to the use of land or unless the Board
stipulates a different period of time.
[Amended 9-27-2022 by L.L. No. 10-2022]
The Town Board hereby reserves the right to
act on applications for special permits in B and B-1 Districts and
pertaining to ferries.
[Amended 4-4-2003 by L.L. No. 6-2003; 7-22-2008 by L.L. No.
6-2008; 10-2-2009 by L.L. No. 16-2009]
A.
Applications for a variance or special permit shall
be submitted in the form required.
B.
Upon receipt of a complete application, the board
before which it will be heard shall fix a time and place for a public
hearing and shall provide for giving notice of same by publishing
a notice in the official newspaper at least 10 days prior to the hearing,
except variances shall give notice in the official newspaper at least
30 days prior to the hearing.
[Amended 10-19-2018 by L.L. No. 11-2018; 4-8-2022 by L.L. No. 3-2022]
C.
In addition, at least 30 days prior to any hearing
before the Zoning Board of Appeals or 10 days prior to the hearing
before any other board, the applicant shall mail notice of the time,
date, place and nature of the hearing to the owners of record of every
property which abuts and every property which is within 200 feet of
the property involved in the application. Such notice shall be made
by certified mail and addressed to the owners at the addresses listed
for them on the local assessment roll. On or before the commencement
of the public hearing, the applicant shall file a radius map prepared
by a professional and an affidavit with postal receipts annexed thereto
confirming mailing of said notices.
[Amended 9-10-2021 by L.L. No. 8-2021]
D.
The applicant
or his agent shall also erect or cause to be erected a sign or signs
which shall be displayed on the parcel upon which the application
is made, facing each public street on which the property abuts, giving
notice that an application has been made to the Zoning Board of Appeals,
and stating the time and place where the public hearing will be held.
The sign(s) shall not be located more than 10 feet from the street
line, and shall not be less than two feet nor more than six feet above
the natural grade at the street line. The sign(s) shall be displayed
for not less than 30 days immediately preceding the public hearing
if before the Zoning Board of Appeals or 10 days if before any other
board. The applicant shall file an affidavit with the Zoning Board
that he has complied with the provisions of this section. Failure
to submit such affidavit shall result in the adjournment of the public
hearing.
[Amended 9-10-2021 by L.L. No. 8-2021]
For every such special permit on which the Zoning
Board of Appeals or Town Board may act, such Board shall give approval
only upon making determinations based on the following criteria.
A.
General suitability:
(1)
That the use will be in harmony with and promote the
general purposes, intent and spirit of this chapter.
(2)
That the use will encourage the most appropriate uses
of land and not be detrimental to surrounding property values.
(3)
That the safety, health, welfare, comfort, convenience
or the order of the Town will not be adversely affected by the proposed
use and its location.
(4)
That the use, or the structure to be used therefor,
will not cause an overcrowding of land or undue concentration of population.
B.
Location:
(1)
That the site is particularly suitable for the location
of such use in the town.
(2)
That the proposal is harmonious with the character
of the existing and probable development of uses in the vicinity,
and that such vicinity is particularly suitable for the location of
the proposed use.
(3)
That no substantial hazard to life, limb or property
because of fire, flood, erosion or panic is likely to be created by
reason of or as a result of the use, or by the structures to be used
therefor, or by the inaccessibility of the property or structures
thereon for the convenient entry and operation of fire and other emergency
apparatus, or by the undue concentration or assemblage of persons
upon such plot.
(4)
That the proposed use is not unreasonably near to
a church, school, theater, recreational area or other place of public
assembly.
(5)
That the proposed use will not prevent the orderly
and reasonable use of permitted or legally established uses in the
district wherein the proposed use is to be located or of permitted
or legally established uses in adjacent districts.
C.
Public services:
(1)
That access facilities are adequate for the estimated
traffic from public streets and sidewalks, so as to assure the public
safety and avoid traffic congestion.
(2)
That the operations in pursuance of the proposed use
will not cause undue interference with the orderly enjoyment by the
public of parking or of recreational facilities, if existing or if
proposed by the Town or by other competent governmental agencies.
D.
Environmental concerns:
(1)
That adequate and proper public or private facilities
will be available for the treatment, removal or discharge of sewage,
refuse or other effluent (whether liquid, solid, gaseous or otherwise)
that may be caused or created by or as a result of the proposed use.
(2)
That the proposed use, or materials incidental thereto
or produced thereby, will not give off noxious gases, odors, smoke
or soot.
(3)
That the proposed use will not cause intrusive emissions
of electrical discharges, dust, light, vibration or noise. (4) That
the proposed use will not have a significant negative impact on the
aquifer and open space and other important natural resources, including
but not limited to wetlands, wildlife habitats or species listed as
endangered, threatened or of special concern to the Town or the New
York State Natural Heritage Program, or on historic or archaeological
resources identified in the Comprehensive Plan, a document referred
to therein or in the "Final Generic Environmental Impact Statement:
Shelter Island Comprehensive Plan."
E.
Site development:
(1)
That the plot area is sufficient, appropriate and
adequate for the proposed use and its reasonable anticipated operation
and expansion thereof.
(2)
That there is adequate off-street parking for employees
or visitors and, further, that the layout of the spaces is convenient
and conducive to safe operation.
(3)
That adequate buffer yards and screening are provided
where necessary to protect adjacent properties and land uses.
Structures may be erected or used by the ferry companies in any zoning district when approved as a special permit by the Town Board, provided that the same are necessary for the operation of the ferries and the location proposed therefor is appropriate. In addition to the general standards set forth in § 133-31, the Town Board may consider the following conditions and safeguards:
A.
The proposed building or structure will not alter
the general character of the neighborhood.
B.
The design of the proposed building or structure shall
be in accordance with the height, area and setback requirements prescribed
by this article.
C.
The proposed use will not cause undue disturbance
or disruption of important natural features, systems or processes
or cause a significant negative impact to groundwater and surface
waters on and off the site.
D.
The proposed application will serve or promote public
convenience and welfare.
E.
The provisions of this section shall not apply to
buildings or structures devoted to ferry use already in existence
as of the effective date of this chapter, except that such buildings
or structures must comply with the bulk regulations of the district
in which they are located.
A.
Applications for a change in the Zoning Map or this
chapter shall be submitted in a form required by the Town Board, together
with the required fee. Applications are available in the office of
the Town Clerk.
B.
Upon receipt of a complete application, the Town Board
shall fix a time and place for a public hearing thereon and shall
provide for giving notice of same by publishing a notice in the official
newspaper at least 10 days prior to the hearing.
[Amended 4-18-2008 by L.L. No. 3-2008]
A violation of this chapter is an offense and,
pursuant to § 268 of the Town Law, shall be punishable as
follows:
A.
For a conviction: a fine not less than the sum of
$200 nor more than $1,000 or by imprisonment for not more than six
months, or by both such fine and imprisonment.
B.
For a second conviction: by a fine of not less than
$400 nor more than $2,000 or imprisonment for a period not to exceed
six months, or by both such fine and imprisonment.
C.
For a third or subsequent conviction: by a fine of
not less than $1,500 nor more than $4,000 or by imprisonment not to
exceed six months, or both such fine and imprisonment.
D.
Each day on which such violation shall occur shall
constitute a separate, additional offense.
In case any building or structure is erected,
constructed, reconstructed, altered, repaired, moved, converted or
maintained, or any building, structure or land is used in violation
of this chapter or of any regulation made pursuant thereto, any appropriate
action or proceeding, whether in law, equity or otherwise, may be
commenced to restrain, correct or abate such violation.
This chapter shall not apply to any complete application which, as of the date of the enactment of this chapter, has been filed with the Building Department, or any application for which a public hearing before the Town Board, Zoning Board of Appeals or Planning Board has been duly noticed in the official newspaper of the town. Such application, permit, approval or authorization, and the use and construction of the buildings, structures, improvements or land for which such permit, approval or authorization is sought, shall be governed by the provisions of the Town Code immediately in effect prior to the effective date of this chapter, whether or not the proposed construction or use has been commenced. All such applications that do not meet the provisions of this chapter shall be deemed nonconforming and subject to Article VI.
If any part or provision of this chapter shall
be judged invalid by a court of competent jurisdiction, such judgment
shall not affect the validity of any other part or provision of this
chapter.
