Farmingdale City Zoning Code
ARTICLE XXVIII
Board of Zoning Appeals
§ 600-217 Establishment; appointments.
The Board of Zoning Appeals heretofore established is hereby continued. Said Board shall consist of five members. The terms of the members now in office are hereby confirmed and continued. Their respective successors shall be appointed by the Board of Trustees and shall serve in accordance with the provisions of the Village Law of the State of New York.
§ 600-218 Jurisdiction; appeals; hardship cases.
The Board of Zoning Appeals shall have appellate jurisdiction as provided in the Village Law of the State of New York. The Board of Trustees, in issuing or denying permits required by this chapter, shall be deemed administrative officers and their decision shall be appealable as such to the Board of Zoning Appeals in accordance with the provisions of the Village Law. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, the Board of Zoning Appeals shall have the power, in passing upon appeals, to vary and modify the application of any of the regulations or provisions of this chapter relating to the use, construction or alteration of buildings or structures, or the use of land, so that the spirit of the ordinance shall be observed, public safety and welfare secured and substantial justice done.
§ 600-219 Modification of regulations authorized.
The Board of Zoning Appeals may, in a specific case, after public notice and hearing and subject to appropriate conditions and safeguards, determine and vary the application of the regulations herein established, in harmony with their general purpose and intent, as follows:
A.
Approve the issuance of a permit wherever it is provided in this chapter that the approval of the Board of Zoning Appeals is required.
B.
Where a district boundary line divides a lot held in single and separate ownership at the time of the adoption of this chapter, permit a use authorized on either portion of the lot to extend to the entire lot or a portion thereof but not more than 100 feet beyond the boundary line of the district in which such use is authorized.
C.
Permit the extension of a legally existing nonconforming use or building upon the lot or a portion thereof occupied by such use or building.
D.
Exempt a proposed building either in whole or in part from the front yard requirements in cases where the proposed building adjoins on either or both sides of buildings that do not conform to the minimum front yard requirements.
E.
Permit the storage of not more than one commercial truck in an accessory garage located in a residential district.
F.
Exempt from the provisions of this chapter requiring two front yards a corner lot in which the ownership at the time of the adoption of this chapter differs from the ownership of all adjoining plots, by permitting a smaller front yard adjacent to the side of the main building when a requirement of two front yards would be impracticable and would result in unnecessary hardship.
§ 600-220 Rules and regulations authorized.
The Board of Zoning Appeals may adopt from time to time such rules and regulations as they may deem necessary to carry into effect the powers, duties and authority vested in them by this chapter and the provisions of the Village Law of the State of New York.
§ 600-221 Guidelines for granting special use permits.
[Added 6-25-1951; amended 12-7-1959]
A.
On all applications to the Board of Zoning Appeals and/or Board of Trustees for permits or special use permits, the Board of Zoning Appeals and Board of Trustees shall consider the health, safety, convenience and general welfare of the Village. The standards to be considered by the Board of Zoning Appeals and Board of Trustees in making its determination of any matter under this chapter are whether the granting of the permit, special use or variance applied for will be in harmony with the general purpose and intent of the ordinance; in accordance with comprehensive plan and design set forth in the ordinance, to lessen congestion in the streets, provide adequate parking facilities in the vicinity, to secure safety from fire, panic and other dangers, to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, to facilitate the adequate provisions of transportation, water, sewerage, parks and other public requirements; and in accordance with reasonable consideration, among other things, as to the character of the district and its peculiar suitability for the particular uses, and with a view to conserving the value of buildings and land and encouraging the most appropriate use of land throughout the municipality.
§ 600-222 Powers regarding changes, modifications or additions.
[Added 6-25-1951; amended 12-7-1959]
The Board of Zoning Appeals and Board of Trustees, as a condition to granting an application under any of the sections of this article or as a condition to granting a special use permit, shall have the power to require such changes, modifications or additions to the plans and specifications for the alteration, repair or the improvement of the premises which are the subject of any application pending before it, or any structure thereon, so as to provide adequate safeguards against unnecessary noise, odors, fire or other hazards, to secure conformance in appearance and in utility with the neighboring properties and to secure conformance with the standards adopted by the Board of Zoning Appeals and/or Board of Trustees pursuant to the provisions of § 600-221. The Board of Zoning Appeals and Board of Trustees shall also have the power to grant an application for a limited time.
§ 600-223 Expiration and extension of special use permits.
[Added 12-3-1979 by L.L. No. 12-1979; amended 9-28-1981 by L.L. No. 3-1981; 2-2-2009 by L.L. No. 1-2009; 3-4-2013 by L.L. No. 3-2013[1]]
Special use permits shall automatically terminate and be null and void and of no further force and effect one year after the approval is granted unless, within such one-year period, a building permit has been issued and there is physical evidence to demonstrate that substantial construction has commenced and is continuing; provided, however, that clearing, grading and/or excavation shall not be deemed to be substantial construction within the mean of this section; and provided further, however, that the Board of Trustees, at its sole discretion, may upon written application extend the special use permit for additional one-year periods where it appears that extenuating circumstances warrant said extension and provided that the application is made no later than two years after the expiration of the special use permit or the last extension thereof, and provided that the applicant pays an extension fee in an amount set by the Board of Trustees. Applications for extensions shall be in writing directed at the Board of Trustees and shall be accompanied by a filing fee in an amount which shall be set from time to time by resolution of the Board of Trustees.