Zoning regulations and use districts as herein
set forth are approved and established. The Amended Zoning Map which
accompanies this ordinance is hereby declared to be a part hereof,
and all notations, references, etc., shown thereon shall be as much
a part of this ordinance as if fully described herein. No building
or land shall be used and no building shall be erected or structurally
altered except in conformity with this ordinance. No building or land
shall be used for any trade, industry or purpose that is noxious or
offensive by reason of emission of odor, dust, smoke, gas fumes, noise,
etc., or that is detrimental to the health, safety, morals or general
welfare of the community.
[Amended 10-13-2010]
As used in this article, the following terms
shall have the meanings indicated:
LEGAL NONCONFORMING USE
Any nonconforming use which, at the time such use was commenced, was maintainable as a matter of right under the statutes, ordinances and general rules of law then in effect in the Town of Islip. A legal nonconforming use shall not be considered a permitted use, as defined in §
68-3.
[Amended 11-8-1972; 4-2-1985]
A. A building arranged, designed or devoted to a nonconforming
use at the time of the passage of this ordinance may not be reconstructed
or structurally altered to an extent exceeding 25% of the ground area
of that specific building, unless the use of said building is changed
to a conforming use. The aggregate ground area of any additional nonconforming
structures shall not be considered in this calculation.
[Amended 5-28-2008]
B. A nonconforming use of land may not be extended in
the aggregate more than 25% of the area occupied at the time of the
passage of this ordinance.
C. No legal nonconforming use within a building may be
expanded to more than 25% of the existing floor area occupied by the
nonconforming use.
D. No extension of a nonconforming use may be made pursuant to the foregoing provisions of this section except after the granting of a special exception by the Board of Appeals in accordance with the provisions of §
68-415A of the Code of the Town of Islip.
E. This section shall not apply to existing structures
that maintain a certificate of occupancy or certificate of compliance,
provided they are being used for the permitted uses of the district
within which they are located. Any addition or alteration to a structure
in this category shall be subject to the dimensional requirements
of the district in which it is located or shall apply for any necessary
area variances from the Zoning Board of Appeals.
[Added 1-14-2003]
F. This section shall not apply to existing structures
on substandard lots that maintain a certificate of occupancy or certificate
of compliance, provided they are being used for the permitted uses
of the district within which they are located. Any addition or alteration
to a structure in this category shall be subject to the dimensional
requirements of the district in which it is located or shall apply
for any necessary area variances from the Zoning Board of Appeals.
[Added 1-14-2003]
G. Parcels being used for the permitted uses of the district
but existing in a nonconforming location on a property will be allowed
to expand or modify without variance provided the following conditions
are met:
[Added 8-12-2003]
(1) The building maintains a valid certificate of occupancy
or compliance.
(2) The addition or alteration complies with all regulations
of the district in which it is located (i.e. FAR, setbacks, lot occupancy,
height).
(3) The parcel is free from violations and otherwise complies
with the Town Code.
(4) No new or increase of variances occur as a result
of the addition.
A parking area, the use of which does not conform
to this ordinance, shall not be deemed a legal nonconforming parking
area unless it has been used in conjunction with and accessory to
a conforming building or legal nonconforming building. Parking areas
which have been installed at permitted locations without presenting
plot plans for approval in accordance with this ordinance shall not
be considered a legal nonconforming or conforming use.
Existing sign for which a permit has not been
issued within two years of the effective date of this ordinance, as
provided in this article, shall presumptively be an illegal nonconforming
use for the purpose of any application to or proceeding before any
officer or board of the Town of Islip.
[Amended 5-2-1972; 4-3-1973; 3-26-1974; 3-21-1978; 2-5-1980]
All applications to establish a nonconforming
use shall be heard, after notice to the surrounding property owners,
by the Board of Appeals.
A. An applicant must send due notice of said application
to the owner or owners of real property within 200 feet of the subject
property. The notice must be mailed by certified mail, return receipt
requested. Upon the day of the hearing, said receipt must be submitted
to the Board, along with a copy of a Tax Map showing the premises
and all premises within 200 feet.
B. Upon confirmation by the Board of any legal non-conforming
use, a Building Inspector or other persons charged with the issuance
of certificates of occupancy and/or certificates of compliance shall
issue said document with an endorsement specifying the legal nonconforming
use, and said document shall constitute presumptive use in any action
or proceeding brought under this ordinance.
[Added 10-13-2010]
Before any lot or building plot is formed from part of a lot
or lots shown on a filed map, the owner thereof shall submit the proposed
separation to the Department of Planning and Development, in duplicate,
for determination as to whether same constitutes a subdivision. If
determined to be a subdivision, the applicant-owner(s) will be required
to submit detailed subdivision improvement plans satisfactory to the
Department of Planning and Development basically in compliance with
subdivision regulations. Any substantial relaxation or waiver of said
subdivision regulations will require the approval of the Planning
Board before issuance of any building permits.