[Amended 4-26-1971]
For the purpose of this chapter, the Village
of Patchogue is hereby divided into use districts, which shall be
designated as follows, and such other districts as may be added by
amendments to this chapter:
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A
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Residence District
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B
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Residence and Office District
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C
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Residence District
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RH
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Residence District
[Added 6-27-1983 by L.L. No. 16-1983] |
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RPO
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Residence and Professional Office District
[Added 9-23-1991 by L.L. No. 9-1991] |
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D1
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Business District
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D2
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Business District
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D3
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Business District
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D4
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Business District
[Amended 2-8-1982 by L.L. No. 7-1982] |
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D5
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Business District
[Amended 2-8-1982 by L.L. No. 7-1982] |
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H
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Business District
[Amended 2-8-1982 by L.L. No. 7-1982] |
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X
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Business District
[Amended 2-8-1982 by L.L. No. 7-1982] |
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E
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Industrial District
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WD
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Waterfront Development District
[Added 6-27-1983 by L.L. No. 16-1983] |
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GW
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General Waterfront District
[Added 6-27-1983 by L.L. No. 16-1983] |
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DRD
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Downtown Redevelopment District
[Added 4-21-2008 by L.L.
No. 3-2008] |
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Arts and Culture District
[Added 2-26-2018 by L.L.
No. 2-2018] |
[Amended 3-9-2009 by L.L. No. 7-2009]
The boundaries of said districts are hereby
established as shown upon the Building Zone Map of the Village of
Patchogue, Suffolk County, New York, as amended August 3, 1953, as
last amended in 1998, which map is hereby made a part of this chapter,
and all notations, references and other things shown thereon shall
be as much a part of this chapter as if fully described herein.[1]
[1]
Editor's Note: The Official Zoning Map is
on file in the office of the Village Clerk.
No building shall be erected, altered or used
and no premises shall be used for any other purpose than as may be
permitted in the district in which such building or premises shall
be located.
The boundaries between districts are either
the center line of streets or of railroad rights-of-way, or such lines
extended or lines parallel thereto, unless otherwise indicated upon
the Building Zone Map. Where figures are shown on the Building Zone
Map between a street and a district boundary line, such figures indicate
that the district boundary line runs parallel to the street line at
the distance so indicated by such figures. When the location of a
district boundary line is not otherwise determined, it shall be determined
by the scale of the map. Whenever the lines of any existing or mapped
street vary from the same street lines as shown on the Building Zone
Map, the district designation shown on the Building Zone Map shall
govern and control.
Where a district boundary line divides a lot
which was held in single and separate ownership at the date of the
adoption of this chapter, August 3, 1953, the Board of Appeals, as
hereinafter provided, may permit the less restricted use to extend
to the whole or any part of such lot for a distance not exceeding
50 feet.
When the tidal lands are not shown as zoned
on the Zoning Map, they shall be considered to lie within the A Residence
Zone.
[Added 1-27-2020 by L.L.
No. 3-2020]
A.
Purpose and intent.
(1)
It is the purpose and intent of this section to enact a moratorium
on the construction and development of restaurants, bars, taverns,
nightclubs, and cabarets in the D-2 and D-3 Business Districts and
the Downtown Redevelopment District. The Village of Patchogue seeks
additional time to continue its evaluation of the impact of the rapid
increase in these uses in the subject area and its effect upon the
parking, traffic, utilities, health, safety and general welfare of
the Village of Patchogue. The Village also seeks additional time to
construct parking facilities, which are currently planned for the
downtown area and are necessary to meet the growing demand for parking
resulting from these uses.
(2)
The objective of the moratorium is to promote community planning
values by properly regulating land development in the best interests
of the Village. Land use controls work best when built upon carefully
considered zoning laws. Such zoning laws take time to create and update.
During this time, demand for a particular use of land may arise for
which there are inadequate controls or which require a more concentrated
analysis and review than may be permitted under the current zoning
laws. This moratorium will ensure that the Village has the additional
time it needs to study the challenges posed by the subject uses, gather
data on the Village's existing uses and future trends in development,
and craft solutions to address these issues.
C.
Scope of controls. It is hereby prohibited for a period of 18 months from the date of enactment of this section for any Village official to accept for filing any application for a building permit for the construction of a restaurant, bar, tavern, nightclub, or cabaret within the confines of the area described in Subsection B of this section. Further, the Board of Trustees, Zoning Board of Appeals and Planning Board shall not grant any approvals, preliminary or final, for a site plan or subdivision relating thereto or special approvals or special permits, variances or other permissions for same. The Building Inspector and Code Enforcement Officer shall not issue any building or other permit for any construction or use related to same that would result in such uses. Projects with site plans or building permits issued prior to this enactment are exempt from the moratorium.
D.
Term. This section shall be in effect for a period of 18 months from
its effective date. This section shall be subject to review and renewal
by resolution of the Board of Trustees for an additional period of
time, effective immediately.
E.
Penalties. Any person, firm or corporation that shall construct,
erect, enlarge or alter any building or structures in violation of
the provisions of this section or shall otherwise violate any of the
provisions of this section shall be subject to:
F.
Alleviation of hardship.
(1)
The Board of Trustees of the Village of Patchogue may authorize
exceptions to the moratorium imposed by this section when it finds,
based upon evidence presented to it, that deferral of action on an
application for the uses prohibited hereunder, and the deferral of
approval of such application for the duration of the moratorium would
impose an extraordinary hardship on the landowner or applicant.
(2)
A request for an exception based upon extraordinary hardship
shall be filed with the Village Clerk or designee, and shall provide
a recitation of the specific facts that are alleged to support the
claim of extraordinary hardship, and shall contain such other information
as the Village Clerk or designee shall prescribe as necessary for
the Board of Trustees to be fully informed with respect to the application.
(3)
A public hearing on any request for an exception based on extraordinary
hardship shall be held by the Village Board at the first regular meeting
of the Board of Trustees that occurs after the expiration of the period
for publication of notice of the request for an exception.
(4)
In reviewing an application for an exception based upon a claim
of extraordinary hardships, the Board of Trustees shall consider the
following criteria:
(a)
Submission of proof of hardship. Hardship shall not be the mere
delay in being permitted to make an application or waiting for a decision
on the application for a building permit, site plan, variance, or
other approval during the period of the moratorium.
(b)
Substantive requirements. No relief shall be granted hereunder
unless the Village Board of Trustees shall specifically find and determine
and shall set forth in its resolution granting such hardship relief
that:
[1]
Failure to grant a hardship to the petitioner will
cause the petitioner undue hardship, which hardship is substantially
greater than any harm to the general public welfare resulting from
the granting of the exemption; and
[2]
Petitioners' circumstances are different from any
other member of the community to the extent the petitioner is burdened
by the moratorium substantially greater than any other member of the
community; and
[3]
Grant of the hardship will clearly have no adverse
effect upon any of the Village's goals or objectives enumerated in
the moratorium; and
[4]
The project or activity for which the petitioner
seeks a hardship will be in harmony with the existing character of
the Village as a whole and the area of the Village in which the affected
land is located, and will be consistent with any interim data, recommendations,
or conclusions which may be drawn from any community planning effort
then in progress or under review; and
[5]
The extent to which the proposed establishment
would cause significant environmental degradation, adversely impact
natural resources or cause public health or safety concerns, or adversely
impact the community is minimal; and
[6]
The actions of the applicant were undertaken in
a good faith belief that the proposed development would not lead to
significant environmental degradation, undue adverse impacts on natural
resources or public health or safety concerns, or adversely affect
the community.
(5)
At the conclusion of the public hearing and after reviewing
the evidence and testimony placed before it, the Board of Trustees
shall act upon the request to approve, deny, or approve in part and
deny in part the request made by the applicant.
G.
Validity. The invalidity of any provision of this section shall not
affect the validity of any other portion of this section which can
be given effect without such invalid provision.
H.
Superseding other laws.
(1)
All laws, ordinances, rules and regulations of the Village are
modified and superseded by this section with respect to their application
to the properties designated under this section for the term of this
section.
(2)
This section shall modify and supersede, with respect to the
properties covered by this section and, for the term of this section,
the provisions of Article 7 of the Village Law of the State of New
York and any other law, rule or regulation inconsistent with this
section.
[1]
Editor’s Note: Former § 435-14.1, Moratorium on
development, adopted 1-14-2019 by L.L. No. 1-2019, expired 180 days
from its effective date.
