Southold City Zoning Code
ARTICLE XXVI
Board of Appeals
§ 280-145 Appointment; membership.
The Town Board shall appoint a Board of Appeals consisting of five members, as provided by the Town Law.
§ 280-146 Powers and duties.
[Amended 4-24-2012 by L.L. No. 6-2012]
In addition to such powers as may be conferred upon it by law, the Board of Appeals shall have the following powers:
A.
Appeals: to hear and decide appeals from and review any order, requirement, decision or determination made by the Building Inspector.
B.
Variances: Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these regulations, the Board of Appeals shall have the power to vary or modify the application of such regulations so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. Effective as of January 1, 2015, any variance granted by the Board of Appeals shall become null and void where a certificate of occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk, within three years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three consecutive one-year terms.
[Amended 12-2-2014 by L.L. No. 12-2014]
C.
Special exceptions, special permits and other approvals: 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 permitted use and its location within the district in which this chapter specifies the permitted use may be located.
D.
Interpretations: on appeal from an order, decision or determination of an administrative officer or on request of any Town officer, board or agency, to decide any of the following:
E.
Review by independent consultants:
(1)
Upon a majority plus one vote of the Board of Appeals' determination that referral to an independent consultant(s) is deemed necessary, an escrow account for the applicant shall be established with the Town Comptroller's office. Said escrow account shall be established prior to the Town's referral of the application to its consultant(s). Said escrow account shall be funded by the applicant in an amount to be determined by the Board of Appeals. Upon the determination that any application shall be subject to the Town's review aided by a consultant(s) as set forth herein, no application shall be considered complete for review purposes until an escrow account is established and funded.
(2)
Withdrawals from said escrow account may be made from time to time to reimburse the Board of Appeals for the cost of its consultant(s') professional review services actually incurred. Whenever the balance in such escrow account is reduced to 1/4 of its initial amount, the Board of Appeals shall notify the applicant; thereafter, the applicant shall deposit additional funds into such account so as to restore its balance to 1/2 of the initial deposit or to such sum as deemed necessary by the Board of Appeals. If such account is not replenished within 30 days after the applicant is notified in writing of the requirement for such additional deposit, the Board of Appeals may suspend its review of the application.
(3)
The consultant(s) will work under the direction of the Board of Appeals Chairperson. Copies of the consultant(s') qualifications, findings and reports will be provided to the applicant and an opportunity given to the applicant to respond to the content of the consultant(s') report prior to any decisions being made.
§ 280-147 Additional conditions and safeguards.
In deciding any matter before it, the Board of Appeals may impose such conditions and safeguards as it deems necessary or appropriate to preserve and protect the spirit and the objectives of this chapter.
§ 280-148 Rules of conduct and procedure.
The Board of Appeals shall, consistent with the law, determine its own rules of conduct and procedure.
§ 280-149 Fees.
[Amended 2-11-1990 by L.L. No. 29-1990; 11-24-1992 by L.L. No. 30-1992; 11-29-1994 by L.L. No. 26-1994; 2-7-1995 by L.L. No. 3-1995; 1-18-2011 by L.L. No. 2-2011; 12-14-2021 by L.L. No. 23-2021]
The fees for applications to the Board of Appeals shall be established, and changed as needed, by resolution of the Southold Town Board. A copy of the fee schedule is on file in the Clerk’s office and the Department of Zoning. Zoning Board of Appeals application fees are nonrefundable.
§ 280-150 Notice of hearing.
[Amended 12-27-1995 by L.L. No. 25-1995]
A.
In all cases where the Board of Appeals is required to hold a public hearing, notice shall be provided pursuant to Chapter 55, Notice of Public Hearings.
B.
In lieu of complying with the provisions of this section, written verified waivers of notice executed by the persons entitled to receive such notice may be filed with the Town Clerk at the time of filing the petition.[1]
[1]
Editor's Note: Former Subsection C, regarding failure to comply with the provisions of this section, which immediately followed this subsection, was repealed 6-23-1998 by L.L. No. 10-1998.