Islandia City Zoning Code
ARTICLE XIX
Special Permits; Amendments; Variances; Interpretations
§ 177-121 Procedure.
Petitions for amendments to the Zoning Map[1] or law, special permits, variances, final site plan review or other land use applications before the Village Board or Board of Appeals, as the case may be, shall be processed as follows in this article.
[1]
Editor's Note: The Zoning Map is located at the end of this chapter.
§ 177-122 Petition and notice requirements.
A.
A petition requesting amendments to the Zoning Map or law, special permit, variance, final site plan review or other land use application before the Village Board or Board of Appeals shall be addressed to the Village Board or Board of Appeals, as the case may be, and shall contain the original signature of each petitioner and shall state clearly and concisely the following:
[Amended 2-1-1996 by L.L. No. 2-1996]
(1)
The name and address of each petitioner and that the petitioner is the owner or contract vendee of all the property affected by the application. If the petitioner is other than the owner, the petitioner shall provide the name and address of each owner and obtain the consent of the owners, which consent shall be duly acknowledged.
(2)
The current zoning of the property, the requested relief and the reason for such relief.
(3)
Metes and bounds description of the boundaries of the property affected by the application or the Suffolk County Tax Map number, together with a street and cross-street geographical location.
(4)
A statement as to which side of any street in the Village of Islandia the property which is the subject of the application is located and the distance and direction from the nearest intersecting streets. If the property is located at the intersection of two or more streets, a petitioner shall state on which corner the subject property is located. For the purposes of this article, the word "street" shall mean an existing traveled right-of-way owned and maintained by the Village of Islandia or other municipality or governmental authority.
(5)
The name and number of the school district in which the property is situated.
(6)
A statement as to whether or not the property is within 500 feet of the boundary line of any incorporated Village, township or county or state or federal park, road or land.
(7)
A statement as to whether or not the property which is the subject of the application has been the subject of a previous amendment to the Zoning Map[1] or law, special permit, variance, final site plan review or other land use application for a period of one year preceding the filing of this application.
[1]
Editor's Note: The Zoning Map is located at the end of this chapter.
(8)
A statement that the petitioner(s) and/or other record owners does not own or have an interest in any contiguous property or, in the event that they do have such an interest, a metes and bounds description of such property.
B.
Affidavits.
(1)
There shall be submitted with the petition an affidavit to be executed by all owners of record, contract vendees, lessors, lessees, contract sublessors, contract sublessees, holders of beneficial interest, contract holders of beneficial interest, holders of encumbrances and contract holders of encumbrances. Lending institutions licensed or franchised by the State of New York, public corporations and lessees, contract lessees, sublessees and contract sublessees of less than a whole interest in the land are excluded from the provisions of this subsection.
(2)
If the affiant is an individual, he shall set forth his name and street address.
(3)
If the affiant is a partnership, it shall set forth the name, street address and the nature of interest of each partner.
(4)
If the affiant is a corporation, it shall set forth the name and street address of each officer, director and stockholder. It shall also set forth the name and street address of all persons to whom corporate stock has been pledged or with whom any agreement has been made to pledge said stock. This subsection shall not apply to a corporation for which the stock is publicly held.
(5)
All affiants shall set forth the name and address of all persons, individuals, partnerships and/or corporations who are the holders of any instrument creating an encumbrance, including covenants and restrictions, upon the property which is the subject of the application and shall also state the nature of such encumbrance.
(6)
All affiants shall state that, to the best of their knowledge, no person mentioned in their affidavit is a Village officer or employee or is related to a Village officer or employee or, if such is not the case, the affiant shall state the exceptions in full detail.
(7)
In the event that there is any change in any matter set forth in any affidavit submitted hereunder prior to the time a certificate of occupancy is granted to the subject premises, the affiant affected by such change shall file a supplemental affidavit within 48 hours after such change has occurred giving the full details thereof. The other party affected by the change, if any, shall, within 48 hours after such change has occurred, also file an affidavit in compliance with the requirements of this subsection and shall thereafter be subject to all the requirements set forth in this subsection.
C.
Each petition and copies thereof shall have attached thereto a photocopy of all deeds, leases or real estate sales contracts which shall become part of the petition.
D.
Each petition and copies thereof shall have attached thereto a copy of the Suffolk County Tax Map in the same section and block showing the existing parcel and all of the adjacent parcels shown on the Tax Map.
E.
All signatures to a petition shall be duly acknowledged.
F.
The following shall be submitted with the petition and shall be filed with the Village Clerk or Clerk of the Board of Appeals, as the case may be:
(1)
The original and three conformed copies of the petition.
(2)
Four copies of a diagram, drawn to scale, prepared by a person registered in the State of New York as a licensed professional engineer or as a licensed land surveyor showing by courses and distances the property which is the subject of the application and all of the properties within 200 feet of the perimeter line of said property, showing to scale all structures within the area indicating the use, showing the current zoning of all areas depicted and showing the distance and direction from the nearest intersecting street. All such diagrams shall contain the following certification:
I do hereby certify that the area map accurately described the uses of the property surrounding the subject premises as of (date). | |
SIGNATURE | |
(3)
A filing fee.
(4)
A four-by-four-inch excerpt from the zoning map with the school district outlined thereon.
G.
In the case of an application for a change of zone, special permit, final site plan review and other land use applications, a notice containing the following information shall be sent by certified mail, return receipt requested, to every property owner as shown on the Village assessment rolls within the area proposed to be changed in district classification who has not joined in the petition and to every property owner immediately adjacent and directly opposite thereto for a distance of 200 feet from the perimeter of the property proposed to be changed in district classification or, in the case of an application for a setback, undersized lot or sign variance, to every property owner immediately adjacent and directly opposite to the property which is the subject of the application. Proof of service shall be submitted and filed at the public hearing which shall also include the return receipts and proof of mailing and affidavit of mailing with the Board at the time of hearing. Such notice shall be given not less than 10 days prior to the date of hearing. Said notice shall contain the following information:
[Amended 4-1-2002 by L.L. No. 3-2002]
(1)
The current zoning and/or the requested relief.
(2)
A metes and bounds description of the property which is the subject of the application.
(3)
A statement as to on which side of any street in the Village of Islandia the property is located and the distance and direction from the nearest intersecting streets. If the property is located at the intersection of two or more streets the notice shall state on which corner the property affected by the application is located.
(4)
A statement that a more detailed diagram of the property which is the subject of the application is on file at the office of the Village Clerk or Clerk of Board of Appeals, as the case may be, and may be examined during regular office hours by any interested party.
(5)
A statement that all interested persons in the proposed application may appear to be heard at a specified time, date and place.
H.
For single-family residential variance applications, at least one sign not less than 30 inches high and 40 inches wide shall be conspicuously posted and for all other applications at least two identical signs not less than 30 inches high and 40 inches wide shall be conspicuously posted along the entire length of each street frontage of the property which is the subject of the application at least 10 days prior to the date set for the public hearing before the Village Board or Board of Appeals, as the case may be. Such signs shall be placed not more than 200 feet apart along the street line of the property which is the subject of the application. Such signs shall contain the following information:
[Amended 2-1-1996 by L.L. No. 2-1996; 4-7-2004 by L.L. No. 2-2004]
(1)
The current zoning and/or the requested relief.
(2)
That a public hearing shall be held before the Village Board or the Board of Appeals, as the case may be, at a specified date, time and place with regard to the proposed application. The applicant shall be required to file an affidavit of posting with the Village Clerk or Clerk of the Board of Appeals, as the case may be, not later than the date specified for the public hearing.
I.
The notice of public hearing before the Village Board or Board of Appeals, as the case may be, shall be published by the Village Clerk or Clerk of the Board of Appeals, as the case may be, in the official newspaper and shall contain the following:
[Amended 2-1-1996 by L.L. No. 2-1996]
(1)
The name of the applicant.
(2)
The existing zoning and/or the requested relief.
(3)
A statement that a public hearing on the proposed change shall be held at a specified time, date and place.
(4)
The Suffolk County Tax Map number, together with a street and cross-street geographical location and street address, if any.
(5)
The distance and direction of the subject property from the nearest intersecting street or, if said property is located at an intersection, the corner on which said property is located.
(6)
A statement that a more detailed diagram of the property which is the subject of the application is on file in the office of the Village Clerk or Clerk of the Board of Appeals, as the case may be, and may be examined during regular office hours by any interested person.
(7)
A statement that any interested person shall be given the opportunity to be heard at the public hearing.
J.
If the application is for a change of zone after the date of the public hearing and if the application for a proposed change has been approved by the Village Board, the applicant shall file with the Village Clerk a certified survey prepared by a person registered in the State of New York as a licensed land surveyor showing by courses and distances the property which is the subject of the application. Said survey shall be dated within 90 days of submission and shall be filed not later than 90 days after the date the Village Board takes action on the application, except that the Village Board may extend such period of time for good cause upon written application. The Village Clerk shall not publish notice of adoption of the change of zone until the survey has been filed.
[Amended 2-1-1996 by L.L. No. 2-1996]
K.
No petition shall be accepted or filed with respect to a change of zone for any property which has been the subject of a public hearing for a change of zone during the period one year immediately following such public hearing unless such petition sought to be filed shall have endorsed thereon the consent to the filing thereof of at least three members of the Village Board.
L.
A petition may be withdrawn by the applicant at any time prior to the time the Village Board or Board of Appeals, as the case may be, takes action on such petition.
M.
If a hearing before the Village Board or the Board of Appeals, as the case may be, is adjourned for more than 30 days from the original hearing date, the petitioner shall be required to repost and remail notices as provided in Sections D and E.
§ 177-123 Procedure of Village.
The Village Board, upon its own motion or by petition, may, from time to time, amend or supplement this chapter, including the Building Zoning Map[1] that forms a part hereof, in accordance with the provisions of the Village Law of the State of New York. When the Village Board shall consider any change of zone, the resolution setting a date for a public hearing shall contain a statement requiring that the owners of all property within the boundaries of the property which is the subject of the application and all property owners immediately adjacent and directly opposite thereto for a distance of 200 feet from the perimeter of the property be notified of the proposed change, except as hereinafter provided. Said notice shall be sent by certified mail, return receipt requested, to such owner at the address shown on the current Village of Islandia assessment roll and shall be mailed to such owner at least 10 days prior to the public hearing. Said notice shall contain a description sufficient to identify the property which is the subject of the application, together with information substantially similar to that required by § 177-122G of this chapter.
[1]
Editor's Note: The Zoning Map is located at the end of this chapter.
§ 177-124 Filing of restrictive covenants.
[Amended 2-1-1996 by L.L. No. 2-1996]
Whenever the Village Board or Board of Appeals, as the case may be, as a condition for the granting of an application for a change of zone, special permit, variances, final site plan review or other land use application requires a restrictive covenant to be imposed upon the subject property, such restrictive covenant shall be drafted and approved by the Village Attorney and filed with the Suffolk County Clerk (at the applicant's sole cost and expense). The applicant shall thereafter file a certified copy of the recorded restrictive covenant showing liber and page of recorded covenants and restrictions in the office of the Village Clerk or Clerk of the Board of Appeals, as the case may be, within 45 days from the date the applicant was notified of the granting of such application by the Village Clerk or Clerk of the Board of Appeals, except that the Village Board or Board of Appeals may extend the time for filing the restrictive covenant upon good cause upon written application. Failure to file said restrictive covenant with the Village Clerk or Clerk of the Board of Appeals within the stipulated period of time shall render the granting of the application ineffective and null and void.
§ 177-125 Amendment of restrictive covenants.
A.
The Village Board or Board of Appeals, as the case may be, may, from time to time on its own motion or on petition, amend, supplement, change, modify or repeal any covenant imposed on property.
B.
A petitioner requesting such relief shall be addressed to the Village Board or Board of Appeals as the case may be and contain the information required in § 177-122.
C.
The Village Board or Board of Appeals, as the case may be, by resolution adopted at a stated meeting shall fix the time and place of a public hearing thereon and cause notice to be given in accordance with the provisions of § 177-122, except as follows:
(1)
The Village Board or Board of Appeals, as the case may be, may, by resolution and without a public hearing, grant an amendment to the covenants and restrictions where the petitioner wishes to extend the time period for obtaining a building permit and/or completion of construction. Such an amendment without a public hearing shall only be granted one time. If the petitioner seeks further extensions of the time period for obtaining a building permit or completing construction, the public hearing requirements of § 177-122 shall apply.
§ 177-126 Filing fee.
Prior to the filing of each petition authorized by this article, a fee shall be paid as set by the Village Board.
§ 177-127 Notice.
Wherever in the Village's zoning chapter notice is required to be given, the provisions of this article shall apply.