There shall be a Board of Appeals consisting of five members appointed by the Town Board. The Board of Appeals shall have the powers granted by and be controlled by the provisions of the Town Law and any amendments thereto.
The Board of Appeals shall, consistent with applicable law, determine its own rules and procedure governing, among other things, hearings, appeals and calendars.
The Board of Appeals shall investigate and report upon all matters referred to it by the Town Board.
Whenever a use or the location thereof is permitted only upon approval by the Board of Appeals as a special exception, 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 exceptions:
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 and within the limitations set forth in §§ 68-15 and 68-17.
[Amended 10-13-2010]
B. 
[1]Where a district boundary line divides a property, the Board of Appeals may permit the uses allowed in the less restricted district to extend to the entire lot, but not more than 50 feet beyond the boundary line of the district in which such use is authorized.
[Added 12-12-2006; amended 6-8-2010]
[1]
Editor's Note: Former Subsection B, regarding the extension of a building or use into a more restricted district, was repealed 9-11-2001.
C. 
(Reserved)[2]
[2]
Editor's Note: Former Subsection C, regarding temporary permits granted in undeveloped sections of the Town, was repealed 4-8-1997.
D. 
(Reserved)[3]
[3]
Editor's Note: Former Subsection D, regarding modification of these regulations, was repealed 4-8-1997.
E. 
(Reserved)[4]
[4]
Editor's Note: Former Subsection E, regarding modifications to the yard or lot area, as amended 7-7-1981, was repealed 4-8-1997.
F. 
(Reserved)[5]
[5]
Editor's Note: Former Subsection F, regarding the erection of a building or of a portion of a building, was repealed 4-8-1997.
G. 
(Reserved)[6]
[6]
Editor's Note: Former Subsection G, permitting offices of professional persons in use districts, was repealed 4-8-1997.
H. 
Permit the location in any use district of a camping area for not more than a five-year period, provided that said area is and remains under one ownership during the period of the permit, and regulate the location of structures and streets within the area.
I. 
(Reserved)[7]
[7]
Editor's Note: Former Subsection I, permitting the location of outdoor displays when related to shopping centers or groups of stores in the Business 1 District as a special exception, was repealed 6-8-2010.
J. 
Permit the location of a model house in any residence district for a period of one year, renewable for additional one-year periods, but in no event longer than a total of seven years; provided, however, that before a permit shall be issued, a plot plan shall be filed with the Building Division, showing the following, and the same shall be installed and maintained:
[Amended 7-25-2017]
(1) 
Off-street parking for at least four cars pursuant to the direction of the Town Engineer or his/her designee in a manner that is consistent with the Town of Islip's Subdivision and Land Development Regulations.
K. 
(Reserved)[8]
[8]
Editor’s Note: Former Subsection K, regarding fence regulations, was repealed 3-9-2021.
L. 
(Reserved)[9]
[9]
Editor's Note: Former Subsection L, regarding boat berths, added 5-6-1980, was repealed 4-8-1997.
Before such approval for such special exception, the Board of Appeals shall determine that:
A. 
The use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts;
B. 
The use will 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 Town will not be adversely affected by the proposed use and its location; and
D. 
The use will be in harmony with and promote the general purposes and intent of this ordinance.
In making such determination for such special exception, 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 of 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 will cause disturbing emission of 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 Town or by other competent governmental agency.
H. 
To 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 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. 
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 which in its judgment shall be deemed necessary and shall substantially serve the public convenience and welfare.
[Amended 9-20-1988[1]]
Any variance and/or special exception granted by the Board of Appeals pursuant to this article or under the provisions of § 267 of the Town Law shall become null and void if the building permit has not been secured within one year from the date of such authorization, approval or special exception and work commenced thereunder and completed within 18 months from the date of the issuance of said permit or the lot or premises used for the purposes granted by the variance and/or special exception within one year from the date of order or decision of said Board of Appeals.
[1]
Editor's Note: This ordinance also provided that it shall be effective 10-9-1988.
[Added 9-3-1974]
A. 
Legislative purpose. The Town Board of the Town of Islip, 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 Town 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 Town. Therefore, it grants to the Board of Appeals power to grant, as a temporary special exception, 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 4-1-1975]
B. 
Definition. As used in this section the following terms shall have the meanings indicated:
TWO-FAMILY, FAMILY-USE-ONLY DWELLING
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. 
[Repealed 4-1-1975[1]]
[1]
Editor's Note: The provisions of Subsection C were incorporated into Subsection A by the ordinance adopted 4-1-1975.
D. 
The Board of Appeals may only grant such applications in cases where physical or mental hardship is involved. However, advancing age, regardless of physical or mental state, may be grounds for granting an application.
[Amended 4-1-1975]
E. 
The following regulations and criteria must be followed by the Board when granting such applications:
(1) 
Such certificates may be granted only for a maximum of three-year periods.
[Amended 5-28-2008]
(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.
[Amended 4-1-1975; 4-6-1976]
(3) 
Upon the death of the person for whom the special exception has been granted (the "related person"), upon transfer of title to the property or upon the related person's moving or leaving the premises for more than four consecutive months, the use ceases automatically.
[Amended 4-1-1975; 11-18-1975; 8-5-2014; 7-12-2022]
(4) 
The individual making the application must be the owner of the property or an authorized principal of the owner if the property is owned by a legal entity (e.g., trust, corporation, LLC) and not a person.
[Amended 7-12-2022]
(5) 
At the time of making such an application and upon each renewal application, there must be submitted a certified copy of the birth or baptismal certificate of both the applicant and the related person.[2]
[Amended 7-12-2022]
[2]
Editor's Note: Former Subsection E(6), regarding houses with less than 1,000 square feet, which immediately followed, was repealed 7-20-2021.
F. 
[3]Renewal of permits.
[Added 7-12-2022]
(1) 
All two-family, family-use-only permits must be renewed every three years and shall expire upon transfer of title. The individual making the application must be the owner of the property or an authorized principal if the property is owned by a legal entity (e.g., trust, corporation, LLC) and not a person. The applicant/authorized principal is required to submit an affidavit of residency and to notify adjacent property owners and property owners directly across the street.
(2) 
The Board reserves the right to require a public hearing prior to the renewal of the permit if, on the basis of responses from notified property owners or by an inspection of municipal officials, reason exists to believe that the conditions of the permit are not being met.
[3]
Editor's Note: Former Subsection F, Second degree of lineal consanguinity, was repealed 4-6-1976. See now Subsection E(2) above.
G. 
There are existing outstanding permits that do not conform to this ordinance. The Board should approach each of these renewals on a case-by-case basis; and in those instances where it feels an injustice would result in not renewing the permit, it may grant the permit to continue the use.