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]
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.
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.
Definitions. As used in this section, the following terms shall have the meanings indicated:
- ALTERNATE MEMBER
- 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.
- ZONING BOARD OF APPEALS
- 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.
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.
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]
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.
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.
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.
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.
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:
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.
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.
Permit the location of a special permit use as listed in Article VI of this chapter in any part of a Business G District.
Permit the reconstruction of a building wholly or partly destroyed by fire, the public enemy or act of God.
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.
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.
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.
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.
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]
All applications for a variance shall be accompanied by a filing fee as provided in Chapter A350, Fees.
All applications for a mother/daughter usage shall be accompanied by a filing fee as provided in Chapter 350, Fees, and be subject to a renewal fee as provided in Chapter A350, Fees.
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:
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.
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.
A metes and bounds description of the property for which a variance is sought.
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]
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.
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]
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, said Planning Commission shall also have the power to modify these zoning regulations for such subdivision.
Editor's Note: See now § 7-708 of the Village Law.
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]
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.
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.