There shall be a Board of Appeals consisting
of five members appointed by the Town Board. The Board of Appeals
shall have the powers granted by and be controlled by the provisions
of the Town Law and any amendments thereto.
The Board of Appeals shall, consistent with
applicable law, determine its own rules and procedure governing, among
other things, hearings, appeals and calendars.
The Board of Appeals shall investigate and report
upon all matters referred to it by the Town Board.
Whenever a use or the location thereof is permitted
only upon approval by the Board of Appeals as a special exception,
the Board of Appeals may authorize such use in a specific case and
after notice and public hearing. In addition, the Board of Appeals
shall have authority to hear and decide applications filed for the
following, as special exceptions:
A.
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.
[Amended 10-13-2010]
B.
[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.
[Added 12-12-2006; amended 6-8-2010]
[1]
Editor's Note: Former Subsection B, regarding
the extension of a building or use into a more restricted district,
was repealed 9-11-2001.
H.
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.
J.
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:
[Amended 7-25-2017]
(1)
Off-street parking for at least four cars pursuant to the direction
of the Town Engineer or his/her designee in a manner that is consistent
with the Town of Islip's Subdivision and Land Development Regulations.
Before such approval for such special exception,
the Board of Appeals shall determine that:
A.
The use will not prevent the orderly and reasonable
use of adjacent properties or of properties in adjacent use districts;
B.
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;
C.
The safety, health, welfare, comfort, convenience
or order of the Town will not be adversely affected by the proposed
use and its location; and
D.
The use will be in harmony with and promote the general
purposes and intent of this ordinance.
In making such determination for such special
exception, the Board of Appeals shall, among other things, give consideration
to the following:
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 of 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 of undue increase of vehicular traffic congestion
on public streets, highways or waterways.
D.
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.
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 emission of
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 Town or by other competent governmental agency.
H.
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.
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.
The physical characteristics and topography of the
land.
M.
Whether the use to be operated is unreasonably near
to a church, school, theater, recreational area or other place of
public assembly.
The Board of Appeals shall impose appropriate
conditions and safeguards which in its judgment shall be deemed necessary
and shall substantially serve the public convenience and welfare.
[Amended 9-20-1988[1]]
Any variance and/or special exception granted
by the Board of Appeals pursuant to this article or under the provisions
of § 267 of the Town Law shall become null and void if the
building permit has not been secured within one year from the date
of such authorization, approval or special exception and work commenced
thereunder and completed within 18 months from the date of the issuance
of said permit or the lot or premises used for the purposes granted
by the variance and/or special exception within one year from the
date of order or decision of said Board of Appeals.
[1]
Editor's Note: This ordinance also provided
that it shall be effective 10-9-1988.
[Added 9-3-1974]
A.
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.
[Amended 4-1-1975]
B.
TWO-FAMILY, FAMILY-USE-ONLY DWELLING
Definition. As used in this section the following
terms shall have the meanings indicated:
A single-family dwelling that has been temporarily converted
for occupancy by not more than two individuals or groups of individuals
constituting an immediate family. Such a dwelling may or may not have
an alteration to permit easier living arrangements.
D.
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.
[Amended 4-1-1975]
E.
The following regulations and criteria must be followed
by the Board when granting such applications:
(1)
Such certificates may be granted only for a
maximum of three-year periods.
[Amended 5-28-2008]
(2)
The application may be granted only to persons
who are related in the first degree of lineal consanguinity. However,
the Board may grant, in cases of extreme hardship, applications involving
relatives of the second degree of lineal consanguinity.
[Amended 4-1-1975; 4-6-1976]
(3)
Upon the death of the person for whom the special
exception has been granted (the "related person"), upon transfer of
title to the property or upon the related person's moving or leaving
the premises for more than four consecutive months, the use ceases
automatically.
[Amended 4-1-1975; 11-18-1975; 8-5-2014; 7-12-2022]
(4)
The individual making the application must be
the owner of the property or an authorized principal of the owner
if the property is owned by a legal entity (e.g., trust, corporation,
LLC) and not a person.
[Amended 7-12-2022]
(5)
At the time of making such an application and
upon each renewal application, there must be submitted a certified
copy of the birth or baptismal certificate of both the applicant and
the related person.[2]
[Amended 7-12-2022]
[2]
Editor's Note: Former Subsection E(6), regarding houses with
less than 1,000 square feet, which immediately followed, was repealed 7-20-2021.
F.
[3]Renewal of permits.
[Added 7-12-2022]
(1)
All two-family, family-use-only permits must be renewed every three
years and shall expire upon transfer of title. The individual making
the application must be the owner of the property or an authorized
principal if the property is owned by a legal entity (e.g., trust,
corporation, LLC) and not a person. The applicant/authorized principal
is required to submit an affidavit of residency and to notify adjacent
property owners and property owners directly across the street.
(2)
The Board reserves the right to require a public hearing prior to
the renewal of the permit if, on the basis of responses from notified
property owners or by an inspection of municipal officials, reason
exists to believe that the conditions of the permit are not being
met.
G.
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.
