Patchogue City Zoning Code
ARTICLE X
Zoning Board of Appeals
§ 435-62 Members.
[Amended 12-13-1982 by L.L. No. 27-1982]
The Zoning Board of Appeals shall consist of seven members appointed by the Village Board pursuant to the Village Law.
§ 435-63 Fees for appeal or application to Board. [1]
[Amended 3-14-1966; 3-24-1969; 12-22-1980 by L.L. No. 22-1980; 11-9-1981 by L.L. No. 24-1981; 3-24-1986 by L.L. No. 4-1986; 4-23-2001 by L.L. No. 3-2001; 3-9-2009 by L.L. No. 7-2009]
A.
The fees for each appeal or application for permit, including signs, in A Residence, B Residence and Office, C Residence, RH Residence and RPO Residence and Professional Office Districts if the real property is not within a distance of 500 feet from the boundary of any town or from the boundary of any existing or proposed county or state park or other recreation area or from the right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway or from the existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines or from the existing or proposed boundary of any county- or state-owned land on which a public building or institution is situated shall be as set from time to time by resolution of the Board of Trustees. The fees for each appeal or application for permit, including signs, in A Residence, B Residence and Office, C Residence, RH Residence and RPO Residence and Professional Office Districts, if the real property is within such distance of 500 feet, shall be as set from time to time by resolution of the Board of Trustees.
B.
The fees for each appeal or application for permit, including signs, in D1, D2, D3, D4 and D5 Business, E Industrial, H Business, X Business, WD Waterfront Development and GW General Waterfront Districts, if the real property is not within such distance of 500 feet, shall be as set from time to time by resolution of the Board of Trustees.
C.
The fees for each appeal or application for permit, including signs, in D1, D2, D3, D4 and D5 Business, E Industrial, H Business, X Business, WD Waterfront Development and GW General Waterfront Districts, if the real property is within such distance of 500 feet, shall be as set from time to time by resolution of the Board of Trustees.
D.
The fees for each application for a certificate of existing use shall be as set from time to time by resolution of the Board of Trustees.
E.
The fee for a special permit shall be as set from time to time by resolution of the Board of Trustees.
F.
The fee for the renewal of a special permit shall be as set from time to time by resolution of the Board of Trustees.
G.
Validation of nonconforming residential use, additional fee: as set from time to time by resolution of the Board of Trustees.
H.
Validation of nonconforming commercial or industrial use, additional fee: as set from time to time by resolution of the Board of Trustees.
[1]
Editor's Note: The current Fee Schedule is on file in the office of the Village Clerk.
§ 435-64 Powers and duties.
[Amended 11-25-1986 by L.L. No. 23-1986]
A.
The Board of Appeals shall make rules, consistent with state law, for the conduct of its meetings and for the consideration of all matters brought before it.
B.
Interpretative law. The Board of Appeals in a specific case, after public notice and hearing, shall decide any questions or dispute as to the meaning or intent of any word, phrase, provision, requirement or regulation contained in chapter, whether brought before it by any Village officer, official or by any interested person.
C.
Board of Appeals decisions. Every decision of the Board of Appeals shall be by resolution recorded in the minutes of the Board. The decision shall be signed by the Chairman and Secretary of the Board and shall constitute a public record.
§ 435-65 Public hearing; notice of hearing.
A.
Upon the filing with the Board of Appeals of an appeal or of an application for special exception or permit, the Board of Appeals shall fix a time and place for a public hearing thereon and shall give notice thereof by publishing same in a newspaper of general circulation in the Village which shall have been designated by the Board of Trustees for such purpose.
[Amended 12-28-1981 by L.L. No. 29-1981]
B.
The applicant shall be required to give at least 10 days' notice of the public hearing to the owners of property within 200 feet of the property under consideration in the application, by certified mail with return receipt, sent to the last-known address of the said owner as appears in the last assessment roll filed in the Village Clerk's office. The notice shall state the time and the place of the public hearing and the nature of the subject of the hearing. The form of said notice shall be substantially in conformance with a form made up and approved by the Zoning Board of Appeals and filed with the Village Clerk's office. The applicant shall file the return receipts with the Board at the time of the public hearing.
[Added 5-25-1964; amended 1-10-1972; 6-10-2013 by L.L. No. 8-2013]
C.
Notice to adjacent municipalities. When a hearing is held by the Village Board, Planning Board or Zoning Board of Appeals relating to site plan review and approval or the issuance of a proposed special use permit or the granting of a use variance on property that is within 500 feet of an adjacent municipality, as defined in § 239-nn of the General Municipal Law, the Board shall give notice to the adjacent municipality by mail or electronic transmission to the Clerk of the adjacent municipality at least 10 days prior to any such hearing. Such adjacent municipality may appear and be heard.
[Added 3-9-2009 by L.L. No. 7-2009]
§ 435-66 Variances; special exceptions and permits.
[Amended 6-10-1985 by L.L. No. 10-1985; 11-25-1986 by L.L. No. 23-1986]
The Board of Appeals shall hear and decide appeals from any order, requirement, decision or determination made by the Building Inspector or other official charged with the enforcement of this local law. Upon such appeal and subject to such terms and conditions as it may fix in specific cases, the Board may vary or modify the application of any provision of this local law relating to the use, construction or alteration of buildings or structures or the use of land where it finds that, owing to exceptional and unusual circumstances, there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this local law.
A.
Findings for issuing use variance. A variance shall only be granted if the Board finds that:
(1)
There are physical conditions applying to the land or building for which the variance is sought, which circumstances or conditions are peculiar to such land or building and do not apply generally to land or buildings in the neighborhood;
(2)
The aforesaid circumstances or conditions are such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of such land or building, and the granting of the variance is necessary for the reasonable use of the land or building;
(3)
The granting of the variance under such terms as the Board may deem necessary or desirable to impose will not constitute a radical departure from the general purpose and intent of this chapter, will not be injurious to the neighborhood nor change the character thereof and will not be otherwise detrimental to the general welfare;
(4)
The hardship is not the result of the applicant's own actions; and
(5)
The variance will not result in the extension of a nonconforming use nor result in the creation of a nonconforming use of land.
B.
Safeguards. In all cases where the Board of Appeals grants a variance from the strict application of the requirements of this chapter, it shall be the duty of such Board to attach such conditions and safeguards as it deems appropriate in order that the result of its action may be as nearly as possible in accordance with the spirit and intent of this chapter and the zoning district in which the property is located.
C.
Special exceptions and permits. Whenever a use or the location thereof is permitted only if the Board of Appeals shall approve thereof, the Board of Appeals may, in a specific case and after notice and public hearing, authorize such permissive use and its location within the district in which this local law specifies the permissive use may be located. In approving such uses, the Board of Appeals shall determine:
(1)
That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts.
(2)
That the use will not prevent the orderly and reasonable use of permitted or legally established use in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts.
(3)
That the safety, the health, the welfare, the comfort, the convenience or the order of the Village will not be adversely affected by the proposed use and its location.
(4)
That the use will be in harmony with and promote the general purpose and intent of this chapter.
(5)
Considerations. The Board shall consider the following elements:
(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 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 or undue increase of vehicular traffic congestion on public streets or highways.
(d)
The availability of adequate and proper public or private facilities for 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 emissions or 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 Village or by other competent government agency.
(h)
Whether there is need for bituminous-surfaced space for the purpose 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)
Whether the use to be operated is unreasonably near to a church, school, theater, recreational area or other place of public assembly.
(m)
With respect to boat storage in boat racks, in addition to the foregoing, the proximity of such racks to other structures and to residential dwellings, the availability of on-site parking, the degree of site utilization, the consequences for firesafety and access in other emergencies, the potential for overcrowding on waterways, the aesthetic impact on the surrounding area and the structural integrity of the racks in the face of natural elements.
[Added 9-14-1987 by L.L. No. 13-1987]
(6)
Safeguards. The Board of Appeals shall, in authorizing such uses, impose such conditions or safeguards as are required by this chapter or, in the absence thereof, those conditions or safeguards it may deem appropriate, necessary or desirable to preserve and protect the spirit and objectives of this chapter by limiting usage to a specified time period and/or by imposing restrictive covenants required to run with the land.
[Amended 1-22-2007 by L.L. No. 2-2007]
(7)
Expiration of permit. If, for any reason whatsoever, the practice of the use or user authorized in any special permit shall fall into disuse or cease for more than 12 months, the permit shall expire, and such use or uses may thereafter be restored or resumed only upon the granting by the Board of Appeals of a new special permit thereof.
(8)
Revocation of permit. Where a special permit use is in violation of this chapter, the Building Inspector shall issue notice for such violation to be corrected. Should the use continue in violation, following due notice and public hearing, the Board of Appeals is hereby authorized to revoke the special permit and to cause the use to terminate. Prior to causing such revocation, the Board of Appeals shall inform the permit recipient of the alleged grounds for the revocation and shall provide a realistic timetable for conformance prior to the imposed termination.
D.
Amendments or cancellation of covenants. The Board of Appeals may, from time to time, on its own motion or upon application, amend or cancel any covenant imposed on any real property in connection with any determination made by said Board of Appeals.
(1)
Application. An application for such relief shall be made by petition to the Board of Appeals and shall state the following:
(a)
The name and address of the petitioner.
(b)
A true copy of the declaration of covenants to which the petition is addressed, which copy shall include the liber and page and date upon which the declaration was recorded with the Suffolk County Clerk. It shall further include the full legal description annexed to said declaration.
(c)
The relief requested.
(d)
The applicant's reasons for the petition.
(2)
Notice. Notice of the public hearing, upon such application, shall be given in the same manner as required by § 435-65 of this Code.
(3)
Submission. The following shall be submitted and filed with the Village Clerk:
(a)
Original and nine copies of the petition.
(b)
Ten copies of a diagram, drawn to scale, showing the dimension of the property described in the petition.
(c)
A copy of the notice of public hearing.
(d)
A list containing the names and addresses of the real property owners to whom notices were sent.
(e)
An affidavit of the timely mailing of said notice of public hearing.
(f)
All return receipts.
E.
Nonconforming lots. When an applicant is denied a building permit because the applicant's lot does not conform to the minimum area requirements of the district in which the lot is located, the Building Inspector shall advise such applicant to seek relief from the Board of Appeals.
(1)
Setback requirements conforming. When a nonconforming lot can be used in conformity with all the regulations applicable to the intended use, except that the lot is smaller than the required minimum in the district in which the lot is located, the Board of Appeals shall authorize the Building Inspector to issue a building permit just as if the lot were conforming.
(2)
Nonconforming setbacks. When the use proposed for a nonconforming lot is one that is conforming in all other respects but the applicable district setback requirements cannot reasonably be complied with, the Board of Appeals may authorize the Building Inspector to issue a building permit for the proposed use if it finds that:
(a)
The property cannot reasonably be developed for the use proposed without such deviations.
(b)
These deviations are necessitated by the size or shape of the nonconforming lot.
(c)
The property can be developed as proposed without undue impact upon neighboring properties.
(d)
The property in question was never part of a conforming lot which was subsequently divided without the permission of the Planning Board.
(e)
The proposed use has been approved, where required, by the Suffolk County Health Department.
(3)
Conditions. The Board of Appeals may establish reasonable conditions for the development of nonconforming lots keeping within the intent and framework of this local law. The Board shall require that the character of all buildings and their location be in harmony with their surrounding environment. To the extent necessary, the Board may impose necessary guidelines to limit impact upon adjoining buildings and uses. The Board may also seek the opinion of the Planning Board where broad development policies may be affected.
§ 435-67 Powers relating to nonconforming uses.
When in its judgment the public convenience and welfare and justice will be substantially served, and provided that the legally established or permitted use of neighboring property and adjacent use districts will not be substantially or permanently injured, the Board of Appeals may, after public notice and hearing and subject to appropriate conditions and safeguards as outlined, authorize the granting of a permit to extend a nonconforming use:
A.
Where a district boundary line divides a lot which is proved to the satisfaction of the Board of Appeals to have been in single and separate ownership at the effective date of this chapter, and the total area of which lot has not been diminished or increased since such date, the less restricted use may be adjusted to extend to the whole or any part of such lot but not more than 50 feet beyond the boundary line of the use district in which said lot is located.
B.
If the less restricted use shall be extended 10 feet or more within a residential use district, a permanent open space for a rear and side yard of not less than 10 feet shall be provided for and maintained within the lot area so extended. Also, in such event, if the less restricted use be extended more than 10 feet, said minimum rear and side yards shall be increased by one foot for each additional 10 feet of such extension.[1]
§ 435-68 Expiration of grant of variance, permit or special exception.
[Amended 12-23-1974 by L.L. No. 22-1974]
A.
Any grant of a variance, permit or special exception pursuant to this chapter shall lapse and expire three years after the date of such grant, unless the improvement, construction or alteration for which such grant has been made shall have been substantially commenced prior to the expiration of said three-year period.
[Amended 5-29-2012 by L.L. No. 3-2012]
B.
Whenever the Board of Appeals as a condition for the granting of an appeal or an application for a permit requires a restrictive covenant to be imposed upon the subject property, such restrictive covenant must be filed in the office of the Village Clerk not later than 60 days from the date of such grant, except that the Board of Appeals may extend the time for filing a restrictive covenant upon good cause, upon written application. Failure to file said restrictive covenant with the Village Clerk within the stipulated period of time shall render such grant ineffective and null and void.
[Added 6-27-1983 by L.L. No. 17-1983]
C.
Any person who violates or fails to comply with the terms of a variance, permit, certificate or special exception issued pursuant to this chapter shall, upon conviction thereof, be subject to the penalties provided in § 1-1 of the Code of the Village of Patchogue. Each day that such violation continues shall be considered a separate offense and shall be punishable as such.
[Added 7-23-2012 by L.L. No. 5-2012]