To interpret the Zoning Code and Regulations.

To hear and decide appeals from any order, requirement, decision or determination of the Building Inspector where it is alleged there is an error in any such action.

To hear and decide matters upon which the Board of Appeals is required to pass under the terms of this Code and to grant any special permit where the provisions of this Code reserve such right to the Board of Appeals.

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, subject to the provisions of Article III.

Permit such modifications to the yard or lot area or lot width regulations as may be necessary to secure and appropriate improvement of a parcel of land where such parcel was separately owned at the time of the passage of this chapter and has not come into common ownership with adjoining land at any time thereafter and is of such restricted area that it cannot be appropriately improved without such modifications.

Permit the erection of a building or portion of a building covering not more than 20% of the area of the lot to a height not more than 25% in excess of the limits prescribed herein.

Permit the offices of two professional persons in any residential district for no more than a two-year period, provided that:

The use shall not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts.

The use shall 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.

The safety, health, welfare, comfort, convenience or order of the Village shall not be adversely affected by the proposed use and its location.

The use shall be in harmony with and promote the general purposes and intent of this chapter.

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.

The conservation of property values and the encouragement of the most appropriate uses of land.

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.

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.

Whether the use or materials incidental thereto or produced thereby may give off obnoxious gases, odors, smoke or soot.

Whether the use shall cause disturbing emission of electrical discharges, dust, light, vibration or noise.

Whether the operations in pursuance of the use shall 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 governmental agency.

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.

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 therefore 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.

Whether the use or the structures to be used therefore shall cause an overcrowding of land or undue concentration of population.

Whether the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof.

The physical characteristics and topography of the land.

Whether the use to be operated is unreasonably near to a church, school, theater, recreational area or other place of public assembly.

Legislative purpose. The Village Board of the Village of Islandia, 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 Village 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 Village. Therefore, it grants to the Board of Appeals power to grant, as a temporary special permit, 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.

Definition. As used in this section, the following terms shall have the meanings indicated:

The Board of Appeals may only grant such applications in cases where physical or mental hardship is medically established. However, a minimum age of 62, regardless of physical or mental state, may be grounds for granting an application.

The following regulations and criteria shall be followed by the Board when granting such applications: