[Amended 12-13-1982 by L.L. No. 27-1982]
The Zoning Board of Appeals shall consist of
seven members appointed by the Village Board pursuant to the Village
Law.
[Amended 3-14-1966; 3-24-1969; 12-22-1980 by L.L. No. 22-1980; 11-9-1981 by L.L. No. 24-1981; 3-24-1986 by L.L. No. 4-1986; 4-23-2001 by L.L. No.
3-2001; 3-9-2009 by L.L. No. 7-2009]
A.
The fees for each appeal or application for permit,
including signs, in A Residence, B Residence and Office, C Residence,
RH Residence and RPO Residence and Professional Office Districts if
the real property is not within a distance of 500 feet from the boundary
of any town or from the boundary of any existing or proposed county
or state park or other recreation area or from the right-of-way of
any existing or proposed county or state parkway, thruway, expressway,
road or highway or from the existing or proposed right-of-way of any
stream or drainage channel owned by the county or for which the county
has established channel lines or from the existing or proposed boundary
of any county- or state-owned land on which a public building or institution
is situated shall be as set from time to time by resolution of the
Board of Trustees. The fees for each appeal or application for permit,
including signs, in A Residence, B Residence and Office, C Residence,
RH Residence and RPO Residence and Professional Office Districts,
if the real property is within such distance of 500 feet, shall be
as set from time to time by resolution of the Board of Trustees.
B.
The fees for each appeal or application for permit,
including signs, in D1, D2, D3, D4 and D5 Business, E Industrial,
H Business, X Business, WD Waterfront Development and GW General Waterfront
Districts, if the real property is not within such distance of 500
feet, shall be as set from time to time by resolution of the Board
of Trustees.
C.
The fees for each appeal or application for permit,
including signs, in D1, D2, D3, D4 and D5 Business, E Industrial,
H Business, X Business, WD Waterfront Development and GW General Waterfront
Districts, if the real property is within such distance of 500 feet,
shall be as set from time to time by resolution of the Board of Trustees.
D.
The fees for each application for a certificate of
existing use shall be as set from time to time by resolution of the
Board of Trustees.
E.
The fee for a special permit shall be as set from
time to time by resolution of the Board of Trustees.
F.
The fee for the renewal of a special permit shall
be as set from time to time by resolution of the Board of Trustees.
G.
Validation of nonconforming residential use, additional
fee: as set from time to time by resolution of the Board of Trustees.
H.
Validation of nonconforming commercial or industrial
use, additional fee: as set from time to time by resolution of the
Board of Trustees.
[1]
Editor's Note: The current Fee Schedule is
on file in the office of the Village Clerk.
[Amended 11-25-1986 by L.L. No. 23-1986]
A.
The Board of Appeals shall make rules, consistent
with state law, for the conduct of its meetings and for the consideration
of all matters brought before it.
B.
Interpretative law. The Board of Appeals in a specific
case, after public notice and hearing, shall decide any questions
or dispute as to the meaning or intent of any word, phrase, provision,
requirement or regulation contained in chapter, whether brought before
it by any Village officer, official or by any interested person.
C.
Board of Appeals decisions. Every decision of the
Board of Appeals shall be by resolution recorded in the minutes of
the Board. The decision shall be signed by the Chairman and Secretary
of the Board and shall constitute a public record.
A.
Upon the filing with the Board of Appeals of an appeal
or of an application for special exception or permit, the Board of
Appeals shall fix a time and place for a public hearing thereon and
shall give notice thereof by publishing same in a newspaper of general
circulation in the Village which shall have been designated by the
Board of Trustees for such purpose.
[Amended 12-28-1981 by L.L. No. 29-1981]
B.
The applicant shall be required to give at least 10
days' notice of the public hearing to the owners of property within
200 feet of the property under consideration in the application, by
certified mail with return receipt, sent to the last-known address
of the said owner as appears in the last assessment roll filed in
the Village Clerk's office. The notice shall state the time and the
place of the public hearing and the nature of the subject of the hearing.
The form of said notice shall be substantially in conformance with
a form made up and approved by the Zoning Board of Appeals and filed
with the Village Clerk's office. The applicant shall file the return
receipts with the Board at the time of the public hearing.
[Added 5-25-1964; amended 1-10-1972; 6-10-2013 by L.L. No. 8-2013]
C.
Notice to adjacent municipalities. When a hearing
is held by the Village Board, Planning Board or Zoning Board of Appeals
relating to site plan review and approval or the issuance of a proposed
special use permit or the granting of a use variance on property that
is within 500 feet of an adjacent municipality, as defined in § 239-nn
of the General Municipal Law, the Board shall give notice to the adjacent
municipality by mail or electronic transmission to the Clerk of the
adjacent municipality at least 10 days prior to any such hearing.
Such adjacent municipality may appear and be heard.
[Added 3-9-2009 by L.L. No. 7-2009]
[Amended 6-10-1985 by L.L. No. 10-1985; 11-25-1986 by L.L. No. 23-1986]
The Board of Appeals shall hear and decide appeals
from any order, requirement, decision or determination made by the
Building Inspector or other official charged with the enforcement
of this local law. Upon such appeal and subject to such terms and
conditions as it may fix in specific cases, the Board may vary or
modify the application of any provision of this local law relating
to the use, construction or alteration of buildings or structures
or the use of land where it finds that, owing to exceptional and unusual
circumstances, there are practical difficulties or unnecessary hardships
in the way of carrying out the strict letter of this local law.
A.
Findings for issuing use variance. A variance shall
only be granted if the Board finds that:
(1)
There are physical conditions applying to the land
or building for which the variance is sought, which circumstances
or conditions are peculiar to such land or building and do not apply
generally to land or buildings in the neighborhood;
(2)
The aforesaid circumstances or conditions are such
that the strict application of the provisions of this chapter would
deprive the applicant of the reasonable use of such land or building,
and the granting of the variance is necessary for the reasonable use
of the land or building;
(3)
The granting of the variance under such terms as the
Board may deem necessary or desirable to impose will not constitute
a radical departure from the general purpose and intent of this chapter,
will not be injurious to the neighborhood nor change the character
thereof and will not be otherwise detrimental to the general welfare;
(4)
The hardship is not the result of the applicant's
own actions; and
(5)
The variance will not result in the extension of a
nonconforming use nor result in the creation of a nonconforming use
of land.
B.
Safeguards. In all cases where the Board of Appeals
grants a variance from the strict application of the requirements
of this chapter, it shall be the duty of such Board to attach such
conditions and safeguards as it deems appropriate in order that the
result of its action may be as nearly as possible in accordance with
the spirit and intent of this chapter and the zoning district in which
the property is located.
C.
Special exceptions and permits. Whenever a use or
the location thereof is permitted only if the Board of Appeals shall
approve thereof, the Board of Appeals may, in a specific case and
after notice and public hearing, authorize such permissive use and
its location within the district in which this local law specifies
the permissive use may be located. In approving such uses, the Board
of Appeals shall determine:
(1)
That the use will not prevent the orderly and reasonable
use of adjacent properties or of properties in adjacent use districts.
(2)
That the use will not prevent the orderly and reasonable
use of permitted or legally established use in the district wherein
the proposed use is to be located or of permitted or legally established
uses in adjacent use districts.
(3)
That the safety, the health, the welfare, the comfort,
the convenience or the order of the Village will not be adversely
affected by the proposed use and its location.
(4)
That the use will be in harmony with and promote the
general purpose and intent of this chapter.
(5)
Considerations. The Board shall consider the following
elements:
(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 or undue increase of vehicular traffic
congestion on public streets or highways.
(d)
The availability of adequate and proper public
or private facilities for 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 will cause disturbing emissions
or electrical discharges, dust, light, vibration or noise.
(g)
Whether the operations in pursuance of the use
will 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 government agency.
(h)
Whether there is need for bituminous-surfaced
space for the purpose 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 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.
(j)
Whether the use or the structures to be used
therefor will cause an overcrowding of land or undue concentration
of population.
(k)
Whether the plot area is sufficient, appropriate
and adequate for the use and the reasonably anticipated operation
and expansion thereof.
(l)
Whether the use to be operated is unreasonably
near to a church, school, theater, recreational area or other place
of public assembly.
(m)
With respect to boat storage in boat racks,
in addition to the foregoing, the proximity of such racks to other
structures and to residential dwellings, the availability of on-site
parking, the degree of site utilization, the consequences for firesafety
and access in other emergencies, the potential for overcrowding on
waterways, the aesthetic impact on the surrounding area and the structural
integrity of the racks in the face of natural elements.
[Added 9-14-1987 by L.L. No. 13-1987]
(6)
Safeguards. The Board of Appeals shall, in authorizing
such uses, impose such conditions or safeguards as are required by
this chapter or, in the absence thereof, those conditions or safeguards
it may deem appropriate, necessary or desirable to preserve and protect
the spirit and objectives of this chapter by limiting usage to a specified
time period and/or by imposing restrictive covenants required to run
with the land.
[Amended 1-22-2007 by L.L. No. 2-2007]
(7)
Expiration of permit. If, for any reason whatsoever,
the practice of the use or user authorized in any special permit shall
fall into disuse or cease for more than 12 months, the permit shall
expire, and such use or uses may thereafter be restored or resumed
only upon the granting by the Board of Appeals of a new special permit
thereof.
(8)
Revocation of permit. Where a special permit use is
in violation of this chapter, the Building Inspector shall issue notice
for such violation to be corrected. Should the use continue in violation,
following due notice and public hearing, the Board of Appeals is hereby
authorized to revoke the special permit and to cause the use to terminate.
Prior to causing such revocation, the Board of Appeals shall inform
the permit recipient of the alleged grounds for the revocation and
shall provide a realistic timetable for conformance prior to the imposed
termination.
D.
Amendments or cancellation of covenants. The Board
of Appeals may, from time to time, on its own motion or upon application,
amend or cancel any covenant imposed on any real property in connection
with any determination made by said Board of Appeals.
(1)
Application. An application for such relief shall
be made by petition to the Board of Appeals and shall state the following:
(a)
The name and address of the petitioner.
(b)
A true copy of the declaration of covenants
to which the petition is addressed, which copy shall include the liber
and page and date upon which the declaration was recorded with the
Suffolk County Clerk. It shall further include the full legal description
annexed to said declaration.
(c)
The relief requested.
(d)
The applicant's reasons for the petition.
(2)
Notice. Notice of the public hearing, upon such application, shall be given in the same manner as required by § 435-65 of this Code.
(3)
Submission. The following shall be submitted and filed
with the Village Clerk:
(a)
Original and nine copies of the petition.
(b)
Ten copies of a diagram, drawn to scale, showing
the dimension of the property described in the petition.
(c)
A copy of the notice of public hearing.
(d)
A list containing the names and addresses of
the real property owners to whom notices were sent.
(e)
An affidavit of the timely mailing of said notice
of public hearing.
(f)
All return receipts.
E.
Nonconforming lots. When an applicant is denied a
building permit because the applicant's lot does not conform to the
minimum area requirements of the district in which the lot is located,
the Building Inspector shall advise such applicant to seek relief
from the Board of Appeals.
(1)
Setback requirements conforming. When a nonconforming
lot can be used in conformity with all the regulations applicable
to the intended use, except that the lot is smaller than the required
minimum in the district in which the lot is located, the Board of
Appeals shall authorize the Building Inspector to issue a building
permit just as if the lot were conforming.
(2)
Nonconforming setbacks. When the use proposed for
a nonconforming lot is one that is conforming in all other respects
but the applicable district setback requirements cannot reasonably
be complied with, the Board of Appeals may authorize the Building
Inspector to issue a building permit for the proposed use if it finds
that:
(a)
The property cannot reasonably be developed
for the use proposed without such deviations.
(b)
These deviations are necessitated by the size
or shape of the nonconforming lot.
(c)
The property can be developed as proposed without
undue impact upon neighboring properties.
(d)
The property in question was never part of a
conforming lot which was subsequently divided without the permission
of the Planning Board.
(e)
The proposed use has been approved, where required,
by the Suffolk County Health Department.
(3)
Conditions. The Board of Appeals may establish reasonable
conditions for the development of nonconforming lots keeping within
the intent and framework of this local law. The Board shall require
that the character of all buildings and their location be in harmony
with their surrounding environment. To the extent necessary, the Board
may impose necessary guidelines to limit impact upon adjoining buildings
and uses. The Board may also seek the opinion of the Planning Board
where broad development policies may be affected.
When in its judgment the public convenience
and welfare and justice will be substantially served, and provided
that the legally established or permitted use of neighboring property
and adjacent use districts will not be substantially or permanently
injured, the Board of Appeals may, after public notice and hearing
and subject to appropriate conditions and safeguards as outlined,
authorize the granting of a permit to extend a nonconforming use:
A.
Where a district boundary line divides a lot which
is proved to the satisfaction of the Board of Appeals to have been
in single and separate ownership at the effective date of this chapter,
and the total area of which lot has not been diminished or increased
since such date, the less restricted use may be adjusted to extend
to the whole or any part of such lot but not more than 50 feet beyond
the boundary line of the use district in which said lot is located.
B.
If the less restricted use shall be extended 10 feet
or more within a residential use district, a permanent open space
for a rear and side yard of not less than 10 feet shall be provided
for and maintained within the lot area so extended. Also, in such
event, if the less restricted use be extended more than 10 feet, said
minimum rear and side yards shall be increased by one foot for each
additional 10 feet of such extension.[1]
[Amended 12-23-1974 by L.L. No. 22-1974]
A.
Any grant of a variance, permit or special exception
pursuant to this chapter shall lapse and expire three years after
the date of such grant, unless the improvement, construction or alteration
for which such grant has been made shall have been substantially commenced
prior to the expiration of said three-year period.
[Amended 5-29-2012 by L.L. No. 3-2012]
B.
Whenever the Board of Appeals as a condition for the
granting of an appeal or an application for a permit requires a restrictive
covenant to be imposed upon the subject property, such restrictive
covenant must be filed in the office of the Village Clerk not later
than 60 days from the date of such grant, except that the Board of
Appeals may extend the time for filing a restrictive covenant upon
good cause, upon written application. Failure to file said restrictive
covenant with the Village Clerk within the stipulated period of time
shall render such grant ineffective and null and void.
[Added 6-27-1983 by L.L. No. 17-1983]
C.
Any person who violates or fails to comply with the terms of a variance, permit, certificate or special exception issued pursuant to this chapter shall, upon conviction thereof, be subject to the penalties provided in § 1-1 of the Code of the Village of Patchogue. Each day that such violation continues shall be considered a separate offense and shall be punishable as such.
[Added 7-23-2012 by L.L. No. 5-2012]
