There shall be a Board of Appeals consisting
of no more than five members appointed in accordance with applicable
Village Law. The Board of Appeals shall have the powers granted by
and be controlled by the provisions of the Village Law and any amendments
thereto, and the following powers:
A.
To interpret the Zoning Code and Regulations.
B.
To hear and decide appeals from any order, requirement,
decision or determination of the Building Inspector where it is alleged
there is an error in any such action.
C.
To hear and decide matters upon which the Board of
Appeals is required to pass under the terms of this Code and to grant
any special permit where the provisions of this Code reserve such
right to the Board of Appeals.
[Amended 2-1-1996 by L.L. No. 2-1996]
The Board of Appeals shall, consistent with
applicable law, determine its own rules and procedure governing, among
other things, hearings, appeals and calendars and is authorized to
establish standards, and criteria in addition to those required by
the courts as to the applicant's burden of proof in applying for area
or use variances and special permits.
Notice for all public hearings held by the Board of Appeals shall be given in accordance with the provisions of § 177-121 of this code.
The Board of Appeals shall investigate and report
upon all matters referred to it by the Village Board.
[Amended 2-1-1996 by L.L. No. 2-1996]
Whenever a use or the location thereof is permitted
only upon approval by the Board of Appeals as a special permit, the
Board of Appeals may authorize such use in a specific case and after
notice and public hearing. In addition, the Board of Appeals shall
have authority to hear and decide applications filed for the following
as special permits:
A.
Permit the reconstruction of a building occupied by a nonconforming use or permit the extension of a nonconforming use or building upon the lot occupied by such use or building at the time of the passage of this chapter, subject to the provisions of Article III.
B.
Permit such modifications to the yard or lot area
or lot width regulations as may be necessary to secure and appropriate
improvement of a parcel of land where such parcel was separately owned
at the time of the passage of this chapter and has not come into common
ownership with adjoining land at any time thereafter and is of such
restricted area that it cannot be appropriately improved without such
modifications.
C.
Permit the erection of a building or portion of a
building covering not more than 20% of the area of the lot to a height
not more than 25% in excess of the limits prescribed herein.
D.
Permit the offices of two professional persons in
any residential district for no more than a two-year period, provided
that:
[Amended 2-1-1996 by L.L. No. 2-1996]
Whenever the Board of Appeals shall have jurisdiction
and power to grant a permit for a special permit, it shall also have
original jurisdiction and power to review any proposed changes to
or renovations of either the use or the site to which it granted a
special permit or for which a special permit previously exists. It
shall be unlawful to expand, alter, renovate or otherwise change a
special permit use or structure used for such purpose without Board
of Appeals approval.
[Amended 2-1-1996 by L.L. No. 2-1996]
Before such approval for such special exception,
the Board of Appeals shall determine that:
A.
The use shall not prevent the orderly and reasonable
use of adjacent properties or of properties in adjacent use districts.
B.
The use shall 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 use districts.
C.
The safety, health, welfare, comfort, convenience
or order of the Village shall not be adversely affected by the proposed
use and its location.
D.
The use shall be in harmony with and promote the general
purposes and intent of this chapter.
In making a determination for a special permit
approval, the Board of Appeals shall, among other things, give consideration
to the following:
A.
The character of the existing and probable development
of uses in the district and the peculiar suitability of such district
for the location of any such permissive uses.
B.
The conservation of property values and the encouragement
of the most appropriate uses of land.
C.
The effect that the location of the proposed use may
have upon the creation of undue increase of vehicular traffic congestion
on public streets, highways or waterways.
D.
The availability of adequate and proper public or
private facilities 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 use.
E.
Whether the use or materials incidental thereto or
produced thereby may give off obnoxious gases, odors, smoke or soot.
F.
Whether the use shall cause disturbing emission of
electrical discharges, dust, light, vibration or noise.
[Amended 2-1-1996 by L.L. No. 2-1996]
G.
Whether the operations in pursuance of the use shall
cause undue interference with the orderly enjoyment by the public
of parking or of recreational facilities if existing or if proposed
by the Village or by other competent governmental agency.
[Amended 2-1-1996 by L.L. No. 2-1996]
H.
The necessity for bituminous-surfaced space for purposes
of off-street parking of vehicles incidental to the use and whether
such space is reasonably adequate and appropriate and can be furnished
by the owner of the plot sought to be used within or adjacent to the
plot wherein the use shall be had.
I.
Whether a hazard to life, limb or property because
of fire, flood, erosion or panic may be created by reason or as a
result of the use or by the structures to be used therefore 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.
J.
Whether the use or the structures to be used therefore
shall cause an overcrowding of land or undue concentration of population.
[Amended 2-1-1996 by L.L. No. 2-1996]
K.
Whether the plot area is sufficient, appropriate and
adequate for the use and the reasonably anticipated operation and
expansion thereof.
L.
The physical characteristics and topography of the
land.
M.
Whether the use to be operated is unreasonably near
to a church, school, theater, recreational area or other place of
public assembly.
The Board of Appeals shall impose appropriate
conditions and safeguards, including the imposition of covenants and
restrictions, which in its judgment shall be deemed necessary and
shall substantially serve the public convenience and welfare.
A.
Legislative purpose. The Village Board of the Village
of Islandia, as a matter of public policy, realizes that there are
times within a family when, for the good of the family, individuals
who are within a lineal degree of consanguinity to the occupier of
a single-family house must live under the same roof. It further realizes
that the house may have to be structurally altered because of this
occupancy. The Village Board is aware that such structural alteration
violates the Zoning Code but considers public policy above such temporary
violation and to be in the best interests of the Village. Therefore,
it grants to the Board of Appeals power to grant, as a temporary special
permit, the right of a homeowner to structurally alter his residence
into a two-family residence. It is not the intent of this section
to permit applications to be granted where the only ground for granting
such application would be that it would be simpler or more economical
to live in this manner.
[Amended 2-1-1996 by L.L. No. 2-1996]
B.
TWO-FAMILY, FAMILY-USE-ONLY DWELLING
Definition. As used in this section, the following
terms shall have the meanings indicated:
A single-family dwelling that has been temporarily converted
for occupancy by not more than two individuals or groups of individuals
constituting an immediate family. Such a dwelling may or may not have
an alteration to permit easier living arrangements.
C.
The Board of Appeals may only grant such applications
in cases where physical or mental hardship is medically established.
However, a minimum age of 62, regardless of physical or mental state,
may be grounds for granting an application.
[Amended 2-1-1996 by L.L. No. 2-1996]
D.
The following regulations and criteria shall be followed
by the Board when granting such applications:
(1)
Such certificates may be granted only for a
maximum of two-year periods.
(2)
The application may be granted only to persons
who are related in the first degree of lineal consanguinity. However,
the Board may grant, in cases of extreme hardship, applications involving
relatives of the second degree of lineal consanguinity.
(3)
Upon the death of the person who is the relationship
to the applicant, upon transfer of title to the property or upon the
related person's moving or marrying or leaving the premises for more
than four consecutive months, the permit shall be deemed null and
void and the use ceases automatically. All structural alterations
relating to the two-family use shall be removed within 90 days of
the cessation of the use. In all certificates or letters granting
such use, there shall be a statement to this effect in print not smaller
than three-sixteenths (3/16) of an inch on such certificates or letters,
and this shall be incorporated in an instrument in recordable form
and shall be recorded in the Suffolk County Clerk's office at the
expense of the applicant.
[Amended 2-1-1996 by L.L. No. 2-1996]
(4)
Upon completion of the removal of the structural alteration referenced in § 177-112D(3), the owner shall arrange for a final inspection with the Building Department. Failure to comply with the removal of alterations and inspection within the ninety-day period may be punishable by the penalties as defined in § 177-119.
[Amended 2-1-1996 by L.L. No. 2-1996]
(5)
The individual making the application shall
be the owner of the property.
[Amended 2-1-1996 by L.L. No. 2-1996]
(6)
At the time of making such an application and
upon each renewal application there shall be submitted a certified
copy of the birth or baptismal certificate of both the applicant and
the relative.
[Amended 2-1-1996 by L.L. No. 2-1996]
(7)
A permit may not be granted to a house which
has less than 1,000 square feet, and any addition that is granted
may not be more than 1/3 of the square footage of the primary house
as specified on the certificate of occupancy.
