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.

[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.

(Reserved)[2]

(Reserved)[3]

(Reserved)[4]

(Reserved)[5]

(Reserved)[6]

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.

(Reserved)[7]

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:

(Reserved)[8]

(Reserved)[9]

The use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts;

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;

The safety, health, welfare, comfort, convenience or order of the Town will not be adversely affected by the proposed use and its location; and

The use will be in harmony with and promote the general purposes and intent of this ordinance.

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.

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 will cause disturbing emission of electrical discharges, dust, light, vibration or noise.

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.

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.

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.

Whether the use or the structures to be used therefor will 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 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.

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 involved. However, advancing age, regardless of physical or mental state, may be grounds for granting an application.

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

[3]Renewal of permits.

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.