Shelter Island City Zoning Code
ARTICLE VIII
Administration and Enforcement
§ 133-31 Building Inspector/Zoning Officer.
The Town Board shall appoint a Building Inspector/Zoning Officer. He is hereby given the power and authority to interpret, administer and enforce the provisions of this chapter.
§ 133-32 Zoning Board of Appeals.
A.
The Town Board shall appoint a Zoning Board of Appeals consisting of five members in accordance with the applicable provisions of Town Law.
B.
Appeals. The Zoning Board of Appeals may hear and decide appeals from and review any order, requirement, decision, interpretation or determination made by the Building Inspector/Zoning Officer. It shall also hear and decide all matters referred to it by the Building Inspector/Zoning Officer or the Planning Board.
C.
Variances. The Zoning Board of Appeals shall have the power to grant use variances or area variances, as defined herein, taking into consideration the various factors enumerated in Town Law.
D.
Dimensional subdivisions. The Zoning Board of Appeals shall have the power to reseparate parcels of land which have merged pursuant to § 133-22.
E.
Special permits. The Zoning Board of Appeals shall have the power to grant special permits in those instances when a use is permitted in a certain location only if the Board of Appeals shall approve thereof in Districts A, AA and C based upon criteria set forth in § 133-35.
F.
Interpretations. The Zoning Board of Appeals may interpret the meaning of:
(1)
Any provision of this chapter upon referral by the Building Inspector/Zoning Officer or the Planning Board.
[Amended 12-28-2006 by L.L. No. 20-2006]
(2)
Any condition or requirement made under this chapter as part of an appeal from an order, requirement, decision, interpretation or determination made by the Building Inspector/Zoning Officer.
(3)
Any prior decision of the Zoning Board of Appeals.
G.
The Zoning Board of Appeals may authorize the Building Inspector/Zoning Officer to grant a permit for the restoration or reconstruction of a nonconforming structure in which a majority of the building has been damaged in accordance with § 133-23B, provided that the application of said permit is filed within two years after the damage has occurred.
[Amended 5-25-2007 by L.L. No. 5-2007]
H.
The grant of a variance or special permit by the Zoning Board of Appeals shall expire two years thereafter unless a building permit is obtained in accordance therewith, unless the Board's determination involves an interpretation as to the use of land or unless the Board stipulates a different period of time.
[Amended 9-27-2022 by L.L. No. 10-2022]
§ 133-33 Special permits for B and B-1 Districts and ferries.
The Town Board hereby reserves the right to act on applications for special permits in B and B-1 Districts and pertaining to ferries.
§ 133-34 Application and public hearing procedures for variances and special permits.
[Amended 4-4-2003 by L.L. No. 6-2003; 7-22-2008 by L.L. No. 6-2008; 10-2-2009 by L.L. No. 16-2009]
A.
Applications for a variance or special permit shall be submitted in the form required.
B.
Upon receipt of a complete application, the board before which it will be heard shall fix a time and place for a public hearing and shall provide for giving notice of same by publishing a notice in the official newspaper at least 10 days prior to the hearing, except variances shall give notice in the official newspaper at least 30 days prior to the hearing.
[Amended 10-19-2018 by L.L. No. 11-2018; 4-8-2022 by L.L. No. 3-2022]
C.
In addition, at least 30 days prior to any hearing before the Zoning Board of Appeals or 10 days prior to the hearing before any other board, the applicant shall mail notice of the time, date, place and nature of the hearing to the owners of record of every property which abuts and every property which is within 200 feet of the property involved in the application. Such notice shall be made by certified mail and addressed to the owners at the addresses listed for them on the local assessment roll. On or before the commencement of the public hearing, the applicant shall file a radius map prepared by a professional and an affidavit with postal receipts annexed thereto confirming mailing of said notices.
[Amended 9-10-2021 by L.L. No. 8-2021]
D.
The applicant or his agent shall also erect or cause to be erected a sign or signs which shall be displayed on the parcel upon which the application is made, facing each public street on which the property abuts, giving notice that an application has been made to the Zoning Board of Appeals, and stating the time and place where the public hearing will be held. The sign(s) shall not be located more than 10 feet from the street line, and shall not be less than two feet nor more than six feet above the natural grade at the street line. The sign(s) shall be displayed for not less than 30 days immediately preceding the public hearing if before the Zoning Board of Appeals or 10 days if before any other board. The applicant shall file an affidavit with the Zoning Board that he has complied with the provisions of this section. Failure to submit such affidavit shall result in the adjournment of the public hearing.
[Amended 9-10-2021 by L.L. No. 8-2021]
§ 133-34.1 Fees and deposits.
[Added 5-19-2025 by L.L. No. 7-2025]
A.
Application fees. Application fees for applications pursuant to this chapter shall be established by resolution of the Town Board.
B.
Expenses. In addition, applicants shall be liable for, and shall pay to the Town all of its expenses reasonably and necessarily incurred in connection with the application including, without limitations, all fees, costs and expenses for engineering, legal, and stenographic services, environmental and other consultant services, and all recording fees that are reasonably and necessarily incurred in connection with the application.
C.
Initial deposit, other than one-family and two-family residential premises. The Town Board may from time to time by resolution establish and require deposits to be paid by applicants in connection with applications related to properties that are other than one-family or two-family residential premises, to secure the payment of the expenses required to be paid pursuant to this section. The expenses for which the applicant is responsible shall be deducted from the deposit as incurred by the Town.
D.
Additional deposit. In the event, from time to time, the amount on deposit with the Town is reduced to 25% of its original amount prior to final determination of the application and receipt by the Town of all invoices for the expenses required to be paid pursuant to this section, the applicant shall deposit such additional funds as may be required to restore the amount on deposit to 50% of its original amount.
E.
Refund of unused deposit. In the event that the amount of the deposit shall exceed the expenses required to be paid pursuant to this section, upon final determination of the application and receipt by the Town of all invoices for such expenses, the unused portion of the deposit shall be returned to the applicant.
§ 133-35 Determinations by the Zoning Board of Appeals orTown Board.
For every such special permit on which the Zoning Board of Appeals or Town Board may act, such Board shall give approval only upon making determinations based on the following criteria.
A.
General suitability:
(1)
That the use will be in harmony with and promote the general purposes, intent and spirit of this chapter.
(2)
That the use will encourage the most appropriate uses of land and not be detrimental to surrounding property values.
(3)
That the safety, health, welfare, comfort, convenience or the order of the Town will not be adversely affected by the proposed use and its location.
(4)
That the use, or the structure to be used therefor, will not cause an overcrowding of land or undue concentration of population.
B.
Location:
(1)
That the site is particularly suitable for the location of such use in the town.
(2)
That the proposal is harmonious with the character of the existing and probable development of uses in the vicinity, and that such vicinity is particularly suitable for the location of the proposed use.
(3)
That no substantial hazard to life, limb or property because of fire, flood, erosion or panic is likely to be created by reason of 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.
(4)
That the proposed use is not unreasonably near to a church, school, theater, recreational area or other place of public assembly.
(5)
That the proposed 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 districts.
C.
Public services:
(1)
That access facilities are adequate for the estimated traffic from public streets and sidewalks, so as to assure the public safety and avoid traffic congestion.
(2)
That the operations in pursuance of the proposed use will not 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 agencies.
D.
Environmental concerns:
(1)
That adequate and proper public or private facilities will be available 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 proposed use.
(2)
That the proposed use, or materials incidental thereto or produced thereby, will not give off noxious gases, odors, smoke or soot.
(3)
That the proposed use will not cause intrusive emissions of electrical discharges, dust, light, vibration or noise. (4) That the proposed use will not have a significant negative impact on the aquifer and open space and other important natural resources, including but not limited to wetlands, wildlife habitats or species listed as endangered, threatened or of special concern to the Town or the New York State Natural Heritage Program, or on historic or archaeological resources identified in the Comprehensive Plan, a document referred to therein or in the "Final Generic Environmental Impact Statement: Shelter Island Comprehensive Plan."
E.
Site development:
(1)
That the plot area is sufficient, appropriate and adequate for the proposed use and its reasonable anticipated operation and expansion thereof.
(2)
That there is adequate off-street parking for employees or visitors and, further, that the layout of the spaces is convenient and conducive to safe operation.
(3)
That adequate buffer yards and screening are provided where necessary to protect adjacent properties and land uses.
§ 133-36 Additional criteria for ferries.
Structures may be erected or used by the ferry companies in any zoning district when approved as a special permit by the Town Board, provided that the same are necessary for the operation of the ferries and the location proposed therefor is appropriate. In addition to the general standards set forth in § 133-31, the Town Board may consider the following conditions and safeguards:
A.
The proposed building or structure will not alter the general character of the neighborhood.
B.
The design of the proposed building or structure shall be in accordance with the height, area and setback requirements prescribed by this article.
C.
The proposed use will not cause undue disturbance or disruption of important natural features, systems or processes or cause a significant negative impact to groundwater and surface waters on and off the site.
D.
The proposed application will serve or promote public convenience and welfare.
E.
The provisions of this section shall not apply to buildings or structures devoted to ferry use already in existence as of the effective date of this chapter, except that such buildings or structures must comply with the bulk regulations of the district in which they are located.
§ 133-37 Application for change in Zoning Map or this chapter.
A.
Applications for a change in the Zoning Map or this chapter shall be submitted in a form required by the Town Board, together with the required fee. Applications are available in the office of the Town Clerk.
B.
Upon receipt of a complete application, the Town Board shall fix a time and place for a public hearing thereon and shall provide for giving notice of same by publishing a notice in the official newspaper at least 10 days prior to the hearing.
§ 133-38 Penalties for offenses.
[Amended 4-18-2008 by L.L. No. 3-2008]
A violation of this chapter is an offense and, pursuant to § 268 of the Town Law, shall be punishable as follows:
A.
For a conviction: a fine not less than the sum of $200 nor more than $1,000 or by imprisonment for not more than six months, or by both such fine and imprisonment.
B.
For a second conviction: by a fine of not less than $400 nor more than $2,000 or imprisonment for a period not to exceed six months, or by both such fine and imprisonment.
C.
For a third or subsequent conviction: by a fine of not less than $1,500 nor more than $4,000 or by imprisonment not to exceed six months, or both such fine and imprisonment.
D.
For a conviction of § 133-6B(6), § 133-7B(6), or § 133-10B(6): by a fine of not less than $5,000 or up to $500 per illicit square foot of living area over 5,999 square feet or by imprisonment not to exceed one year, or both such fine and imprisonment.
[Added 5-6-2024 by L.L. No. 3-2024[1]]
[1]
Editor's Note: The addition of this subsection also renumbered former Subsection D as Subsection E.
E.
Each day on which such violation shall occur shall constitute a separate, additional offense.
§ 133-39 Additional Remedies.
In case any building or structure is erected, constructed, reconstructed, altered, repaired, moved, converted or maintained, or any building, structure or land is used in violation of this chapter or of any regulation made pursuant thereto, any appropriate action or proceeding, whether in law, equity or otherwise, may be commenced to restrain, correct or abate such violation.
§ 133-40 Exemptions.
This chapter shall not apply to any complete application which, as of the date of the enactment of this chapter, has been filed with the Building Department, or any application for which a public hearing before the Town Board, Zoning Board of Appeals or Planning Board has been duly noticed in the official newspaper of the town. Such application, permit, approval or authorization, and the use and construction of the buildings, structures, improvements or land for which such permit, approval or authorization is sought, shall be governed by the provisions of the Town Code immediately in effect prior to the effective date of this chapter, whether or not the proposed construction or use has been commenced. All such applications that do not meet the provisions of this chapter shall be deemed nonconforming and subject to Article VI.
§ 133-41 Severability.
If any part or provision of this chapter shall be judged invalid by a court of competent jurisdiction, such judgment shall not affect the validity of any other part or provision of this chapter.