[Amended 11-16-1976 by L.L. No. 14-1976]
A.
There shall be a Board of Zoning Appeals consisting
of five members, appointed and/or removed pursuant to the Village
Law. No member of the Board of Trustees shall be eligible for membership
on the Board of Zoning Appeals. There shall be a Chairman and Deputy
Chairman appointed pursuant to law and for a term established by law.
The Board of Zoning Appeals shall have all other powers as granted
by law.
B.
The office of Secretary to the Board of Zoning Appeals
is herewith created. Appointment to said position shall be made by
the Mayor, subject to the approval of the Board of Trustees, for a
term of one official year. If a vacancy occurs, other than by expiration
of term, it shall be filled by appointment pursuant to law. The appointee
may be removed by the Mayor for cause after a public hearing.
[Added 3-3-1981 by L.L. No. 1-1981]
C.
There shall be two alternate members of the Board
of Zoning Appeals appointed by the Mayor, subject to the approval
of the Board of Trustees, for a term of four years each. The Chairperson
of the Board of Zoning Appeals may designate an alternate member to
substitute for a member due to a conflict of interest or where a member
cannot participate for other reasons. Alternates so selected shall
be on a rotating basis and once designated shall possess all the powers
and responsibilities of a member for the appeal(s) for which the designation
has been made.
[Added 7-5-2006 by L.L. No. 4-2006]
D.
Training.
[Added 7-5-2006 by L.L. No. 4-2006; amended 4-5-2007 by L.L. No. 1-2007]
(1)
Each member of the Board of Appeals shall complete,
at a minimum, four hours of training each year designed to enable
such members to more effectively carry out their duties. Training
received by a member in excess of the four hours in any one year may
be carried over by the member into succeeding years in order to meet
the requirements of this subsection. Such training shall be approved
by the Village Attorney and may include, but not be limited to, training
provided by a municipality, regional or county planning office or
commission, county planning federation, state agency, statewide municipal
association, college or other similar entity. Training may be provided
in a variety of formats, including but not limited to electronic media,
video, distance learning and traditional classroom learning.
(2)
To be eligible for reappointment to such Board, such
member shall have completed the training promoted by the Village pursuant
to this subsection.
(3)
The training required by this subsection may be waived
or modified by resolution of the Board of Trustees when, in the judgment
of the Board of Trustees, it is in the best interest of the Village
to do so.
(4)
No decision or action of the Board of Appeals shall
be voided or declared invalid because of a failure to comply with
this subsection.
A.
Call of meeting. All meetings shall be held at the
call of the Chairman and at such other times as the Board may determine.
B.
Meetings; conduct. All meetings shall, to the extent
required by law, be open to the public. Meetings shall be conducted
in accordance with rules of procedure, if any, established by such
Board. At the request of any interested party or when desired by the
Board, witnesses shall testify under oath. The Chairman or Vice Chairman
may administer oaths and also compel the attendance of witnesses.
C.
Meetings; notice; hearings.
[Amended 2-15-1972 by L.L. No. 1-1972; 11-16-1976 by L.L. No. 14-1976; 8-17-1999 by L.L. No.
12-1999]
(1)
Decisions and recommendations of the Board shall be
reached only after a public hearing and after notice has been given
any applicant or appellant by registered mail. In addition, notice
shall be published in the official newspaper not less than five days
previous to the hearing. Such notice shall contain the address or
location of the premises concerned, the name of the applicant and
a brief description of the nature of the application.
(2)
In addition to the foregoing, the applicant shall
cause the notice of hearing to be sent by regular mail and shall provide
the Board with certification by the United States Postal Service that
such mailing was made to the owners of all adjoining property within
500 feet of the exterior limits of the applicant's total property
holding, as shown on the latest tax assessment roll, at least 14 days
prior to the hearing. A copy of said notice shall also be addressed
to the Town or Village clerk of neighboring municipalities within
500 feet of the subject property, when applicable, subject to New
York State General Municipal Law 239-m. Further, in the case of an
application for a variance and/or special permit or in the case of
an appeal from a decision of the Code Compliance Director, the applicant
shall post, in a conspicuous portion of the subject property (within
10 feet of the public way) a sign giving notice of the nature of the
application, the date of the public hearing and any other pertinent
information as may be required by the Code Compliance Director. Said
sign shall be erected at least 14 days prior to the public hearing
and shall be no smaller than two by two feet.
[Amended 11-6-2006 by L.L. No. 10-2006; 9-16-2008 by L.L. No. 4-2008]
D.
Meeting; record of proceedings.
(1)
The Board shall keep minutes of its proceedings, examinations
and other official actions. Such records shall contain, as to each
item of business, the following information:
(2)
Every rule and regulation, every amendment or repeal
thereof and every order, requirement, decision or determination of
the Board shall immediately be filed in the office of the Clerk of
the Board and shall be a public record.
[Amended 2-15-1972 by L.L. No. 1-1972; 10-2-1973; 3-7-1976 by L.L. No. 3-1976]
The Board of Zoning Appeals shall have jurisdiction
in the following matters:
A.
Appeals. To hear and decide appeals in accordance
with Village Law § 7-712-b.
[Amended 8-17-1999 by L.L. No. 12-1999]
B.
Permits. To issue permits for any of the uses for
which this chapter requires the obtaining of such permits from the
Board of Zoning Appeals. Approval of special use permits shall follow
the procedures set forth in Village Law § 7-725-b.
[Amended 11-16-1976 by L.L. No. 14-1976; 6-7-1977 by L.L. No. 13-1977; 3-3-1981 by L.L. No. 2-1981; 1-2-1985 by L.L. No. 1-1985; 6-24-1997 by L.L. No. 7-1997; 8-17-1999 by L.L. No. 12-1999]
(1)
General. The Board of Zoning Appeals shall apply the
following general standards which shall be applicable to all requests
for special permits made under this chapter:
(a)
No special permit shall be granted by the Board
of Zoning Appeals unless it shall determine that:
[1]
The use will not prevent the orderly and reasonable
use of adjacent properties in the surrounding area or impair the value
thereof.
[2]
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 districts.
[3]
The safety, health, welfare, comfort, convenience
or order of the Village will not be adversely affected by the proposed
use and its locations.
[4]
The use will be in harmony with and promote
the general purposes and intent of this chapter.
(b)
In making such determination, the Board of Zoning
Appeals shall give consideration, among other things, to:
[1]
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.
[2]
The conservation of property values and the
encouragement of the most appropriate uses of land.
[3]
The effect that the location of the proposed
use may have upon the creation or undue increase of traffic congestion
on public streets, highways or waterways.
[4]
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.
[5]
Whether the use, or materials incidental thereto
or produced thereby, may give off obnoxious gases, odors, smoke or
soot.
[6]
Whether the use will cause disturbing emission
of electric discharges, dust, light, vibration or noise.
[7]
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 any other governmental agency.
[8]
To the necessity for an asphalt- or concrete-surfaced
area for purposes of off-street parking and loading of vehicles incidental
to the use, and whether such area 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.
[9]
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 plot 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.
[10]
Whether the use or the structures to be used
therefor all cause an overcrowding of land or undue concentration
of population, or deprive neighboring uses of light and air.
[11]
Whether the plot area is sufficient, appropriate
and adequate for the use and the reasonably anticipated operation
and expansion thereof.
[12]
The physical characteristics and topography
of the land.
[13]
Whether the use to be operated is unreasonably
near a church, school, theater, recreational area or place of public
assembly.
(2)
Specific requirements. In considering application
for the following specific permits, the Board of Zoning Appeals, as
a condition to its issuance of such permits, shall first determine
that all the requirements indicated in the following provisions for
such permit have been or will be met upon the issuance thereof and
the satisfaction of which requirements shall be a continuing condition
of the validity and existence of such permit. In addition to the minimum
requirements hereinafter indicated, the Board of Zoning Appeals is
also empowered to impose any further requirements or conditions to
any permit which, in its opinion, are reasonably designed to further
the interest and purpose of this chapter and which are in harmony
with the provisions hereof.
(a)
Business or public garage, automobile service
or filling station, automobile repair shop, automobile body shop,
motor vehicle salesroom and installation of facilities for the storage
of fuel oil, gasoline or other flammable liquids in excess of capacity
of 1,000 gallons in the Highway Business District.
[1]
Business or public garage, automobile service
or filling station, automobile repair shop, automobile body shop and
motor vehicle salesroom.
[a]
No repair work is to be performed
out of doors.
[b]
Pumps, lubricating equipment and
other devices are to be located at least 25 feet from any street line.
[c]
All fuel, oil or similar substances
are to be stored at least 35 feet from any street line, but installations
existing at the time of adoption of this chapter and which do not
conform to this requirement may be relocated, increased in capacity
or replaced within an area less than 35 feet from a street line if
such relocation, increase in capacity or replacement will not adversely
affect the public welfare and will not be prejudicial to adjoining
property owners.
[d]
All automobile parts, dismantled
vehicles and similar articles are to be stored within the principal
building.
[e]
No vehicles are to be scrapped
or junked on the premises.
[f]
The proposed location and manner
of storage of all flammable liquids complies with all pertinent statutes,
ordinances and regulations.
[g]
The proposed use of the premises
will not create traffic hazards or cause an undue increase of traffic
congestion in the vicinity of the premises.
[h]
The premises are not situated within
300 feet of any church, place of worship or school.
[i]
In all cases, except for automobile body shops, registered vehicles owned by customers and present on the premises for servicing and/or repairs (other than body repair) may be stored for a period not exceeding one week in any of the parking spaces provided for on the premises. In no event shall the storage of said vehicles occupy any of the spaces on the premises required under § 306-21 of this chapter for the parking of employee vehicles. In the case of automobile body shops, when a vehicle is present on the premises for auto body repair, said vehicle, whether operable or inoperable, shall be stored within the principal building and may not be parked in any of the parking spaces located on the premises.
[j]
Canopies over gasoline pumps shall
be built to a scale compatible with the main building on the property.
Their height, as measured from the lowest finished or natural grade
to the lowest point on the canopy fascia, shall not exceed 14 feet,
or the minimum required by the National Fire Protection Association,
whichever is greater. The clearance height of canopies shall be clearly
indicated on the structure or through use of a headache bar.
[Added 11-6-2006 by L.L. No. 10-2006]
[k]
Canopies shall extend no farther
than 11 feet from the gasoline pumps in any direction.
[Added 11-6-2006 by L.L. No. 10-2006]
[2]
Installation facilities for the storage of fuel
oil, gasoline or other flammable liquids in excess of capacity of
1,000 gallons in the Highway Business District.
(b)
Conversion of existing residential structures
to multiple-family use.[1]
[1]
The building has been in existence at its present
location and in its present size since 1925.
[2]
The building is not to be increased in size
or cubic content.
[3]
The building, by reason of obsolescence in style,
construction and size, is not marketable for use and occupancy as
it is currently used. Notwithstanding the foregoing, nothing herein
shall permit the conversion of a building having less than 1,200 square
feet of ground floor space.
[4]
The building at the time of application hereunder is used as a residence for two or fewer families, as the term "family" is defined in § 306-5 of this chapter.
[5]
The applicant seeks permission to use the building
as a residence for no more than three families, provided that each
apartment shall contain at least 600 square feet of gross floor space.
[6]
The exterior appearance of the building will
not be altered or changed.
[7]
One on-site parking space per family is provided.
[1]
Editor's Note: See also general requirements set forth in § 306-39B(1).
(c)
[2]
Editor's Note: See also general requirements set forth in § 306-39B(2).
(d)
Permits for storage or warehousing of materials
or for light industry in a Highway Business District.[3]
[1]
No materials or supplies shall be stored in
the open, unless adequate measures are taken to enclose and conceal
such materials from the public view.
[2]
The premises are not situated within 500 feet
of any church, place of worship, school or municipal recreational
facility.
[3]
Editor's Note: See also general requirements set forth in § 306-39B(1).
(e)
Fairground or carnival permit.[4]
[1]
The applicant is a local bona fide charitable,
philanthropic, firemanic or similar community organization not organized
for profit but dedicated to community service.
[2]
The use of the premises for such purposes will
be conducted by or under the sponsorship of the applicant for the
advancement of its dedicated purposes.
[3]
Adequate off-street parking is available for
the patrons of or visitors to the premises.
[4]
Such use will not be had for a greater period
than two weeks during any calendar year.
[4]
Editor's Note: See § 306-41, and see also general requirements set forth in § 306-39B(1).
(f)
Conditional use permits for limited on-premises
consumption of food and beverages.
[2]
Notwithstanding § 306-39E of this chapter, the premises is located within one hundred feet of any municipal parking lot. The foregoing requirement shall be in addition to the parking spaces, if any, required to be provided for the uses located on the premises by § 306-21 of this chapter. If granted, the limited on-premises consumption of food and beverages permitted hereunder shall not be deemed an additional use under § 306-21 of this chapter.
[3]
The on-premises consumption shall be limited
to service at no more than eight seats. There shall be permitted one
seat for each 100 square feet of gross floor space up to a total of
no more than eight seats.
[Amended 10-2-2001 by L.L. No. 12-2001]
[4]
Once granted, the applicant must commence the
use within 120 days of the date of issuance of the permit. The permit
shall expire and be of no further effect in the event that the underlying
sale at retail of foodstuffs and beverages use ceases to exist.
[5]
Any permit granted hereunder shall expire on
the date two years next following issuance unless renewed by the Board
of Zoning Appeals prior to the date of expiration.
(g)
[5]Marine Business District uses.
[Added 1-17-2012 by L.L. No. 1-2012]
[1]
Uses permitted by special use permit. The following uses shall
be permitted in the Marine Business District by special use permit,
subject to the conditions noted herein and any conditions imposed
by the Board of Zoning Appeals which are designed to mitigate adverse
impacts of the proposed use:
[a]
Restaurant which serves alcoholic beverages but
which does not feature outdoor music, including outdoor live or amplified
music, and which has a maximum indoor square footage of 1,000 square
feet of dining area per restaurant, with the maximum square footage
devoted to all restaurants on the entire marina property not to exceed
12% of the total square footage of space within buildings devoted
to retail uses, excluding space devoted to boat repair, maintenance
or storage; a maximum of 200 seats (indoor and outdoor combined) permitted
for all restaurant uses for the entire marina property. (Note: There
also are other restrictions on the number of seats permitted for outdoor
dining set forth hereinafter in Subsection B(2)(g)[4][g].)
[Amended 2-7-2023 by L.L. No. 2-2023]
[b]
Outdoor live and amplified music for no more than
four special events, each such event to be held on a single day between
the hours of 12:00 noon and 8:00 p.m., in any calendar year, for which
a special use permit is obtained from the Board of Zoning Appeals.
[c]
Such other uses which the Board of Zoning Appeals
finds are harmonious with existing uses and not harmful to adjacent
properties.
[2]
Standards to be considered by the Board of Zoning Appeals. Before
granting a special use permit, the Board of Zoning Appeals shall take
into consideration the following:
[a]
The impacts upon neighboring properties.
[b]
Traffic impacts, including adoption or modification of a parking plan as described in Subsection B(2)(g)[3] herein.
[c]
Whether the floor area, seating or other physical
attributes of a proposed use should be modified to mitigate adverse
impacts.
[d]
Whether the specific location for the proposed
use is appropriate.
[e]
Whether the number of such uses should be limited
due to impacts upon nearby properties.
[f]
Whether the proposed uses are in harmony with other
uses on the subject property.
[g]
All uses on the subject property must be lawfully
existing before an additional use is granted.
[h]
Impact on municipal services.
[i]
Environmental and physical impacts of the proposed
use.
[j]
Whether the proposed use will be in compliance
with the noise restrictions contained in the Village Code at § 200
et seq.
[k]
The Board of Zoning Appeals is authorized to grant
special use permits of a limited time period and which require the
owner and applicant to return to the Board of Zoning Appeals within
a specified time period to monitor compliance with the Board of Zoning
Appeals grant and to determine if any modifications are warranted
due to the impacts within and upon abutting properties;
[l]
Compliance with the general standards applicable to special use permits at § 306-39B(1).
[m]
Applicants requesting a waiver or variance from
any permit requirement must set forth variance proof to support a
grant of the requested relief and specify the nature of this request
in the public notice posted on the property and mailed to adjacent
property owners.
[3]
Parking plan requirement. Before granting a special use permit,
the Board of Zoning Appeals must approve a Master Parking Plan ("MPP")
that provides for adequate parking for all on-site uses. The proposed
MPP shall be referred to the Planning Board for review and recommendations.
A MPP that has been approved by the Board of Zoning Appeals shall
apply to all uses on the marina property. For as-of-right uses, the
Building Inspector shall rely on the approved MPP as same may be modified
by the Board of Zoning Appeals from time to time. A change in use
or new use which triggers an increased parking requirement not provided
for in the MPP shall require an application to the Board of Zoning
Appeals. Changes in use or new uses which do not trigger an increased
parking requirement shall be approved by the Building Inspector.
[4]
Outdoor dining. Restaurant uses may be granted permission for
outdoor dining, subject to compliance with the following:
[a]
No outdoor music, including outdoor live or amplified
music;
[b]
All patrons outdoors must be at tables for the
purpose of dining, where service of food and beverages, including
alcoholic beverages, shall be by waiter/waitress service only;
[c]
There shall be no congregating by patrons in outdoor
areas for any other purposes, except in a designated waiting area
only if approved by the Board of Zoning Appeals, provided that no
consumption of alcoholic beverages shall be permitted in a designated
outdoor waiting area;
[d]
All outdoor areas shall be specifically designated
on a seating plan approved by the Board of Zoning Appeals and devoted
to tables for diners without any other activities;
[e]
Outdoor seating is prohibited after 10:00 p.m.,
Sunday through Thursday, except holiday eves and after 11:00 p.m.,
Friday, Saturday and holiday eves;
[f]
Except for a service bar, no bar area where customers
are served food or beverages directly or where any bar stools or seats
are located may be located outside;
[g]
The Board of Zoning Appeals shall determine the
maximum number of outdoor seating for each restaurant, but in no event
shall outdoor seating be permitted for more than 100 persons per restaurant
and for more than 150 persons in total for outdoor dining for all
restaurants on site.
[Amended 2-7-2023 by L.L. No. 2-2023]
[5]
Indoor music restriction. If live or amplified music is played
indoors, then doors, windows or other openings must stay closed for
the entire duration of such music, excepting such ingress and egress
as is necessary for fire protection purposes and for general safety
of patrons and employees. Furthermore, indoor music is permitted only
until 9:00 p.m. on Fridays, Saturdays and holiday eves; on all other
days, indoor music is permitted only until 8:00 pm. For the purposes
of this section, "holiday eves" shall mean the day before a nationally
recognized holiday.
[6]
Pending applications. As to pending applications for relief
relating to the subject matter of the amendments, the applicant and
property owner are required to reapply under the enacted provisions
of this code subsection.
[7]
Lawfully existing uses may continue. Lawfully existing uses
may continue and are not required to obtain any relief from the Board
of Zoning Appeals to continue. A change in any such use that triggers
a greater parking requirement shall be required to apply to the Board
of Zoning Appeals for relief and/or modification of an existing Master
Parking Plan ("MPP"), unless there is an approved MPP which provides
for sufficient parking for such change in use.
[9]
Marine Business District code supersedes restrictive covenants.
If there are restrictive covenants in effect for a property that conflict
with these Code sections for the Marine Business District, then the
Board of Zoning Appeals is authorized to grant a modification of such
covenants consistent with determinations it makes under this chapter.
[10]
Enforcement. In addition to code enforcement officials
of the Village, sworn officers of the Northport Village Police Department
are authorized to issue summonses for any violations of this chapter
and any violations of restrictions and conditions imposed by the Board
of Zoning Appeals on any special use permits or other grants.
[5]
Editor's Note: Former Subsection B(2)(g),
Temporary permit for outdoor dining on private property, added 7-6-1999
by L.L. No. 10-1999, as amended, was repealed 3-18-2009 by L.L. No.
1-2009.
(h)
Drive-through facilities.
[Added 11-6-2006 by L.L. No. 10-2006; amended 6-1-2021 by L.L. No. 2-2021]
[1]
Drive-through facilities shall be permitted only in the Highway Business District on parcels that are fronting on a state highway on a parcel of land in excess of 1/2 acre and cannot be adjoining any residentially zoned or used property and upon a finding by the Planning Board that the general standards for the issuance of a special permit as set forth in Northport Village Code § 306-39B(1) have been met. Applications for special use permits for drive-through facilities shall be made to the Planning Board which shall have jurisdiction to issue special use permits for drive-through facilities by applying the standards set forth in § 306-39B(1).
[2]
A traffic impact study must be provided, including accident
data for all roads and streets where an access connection will be
located. The study shall demonstrate that:
[a]
All streets and intersections to be impacted by
the project shall have the same level of service or better than predevelopment
conditions.
[b]
All vehicle stacking for the proposed drive-through
facility will be contained completely on-site at all times.
[c]
All customer transactions in the drive-through
lane shall be accomplished in six minutes or less from the time of
ingress to the time of egress.
[3]
Drive-through facilities shall have one stacking lane only,
unless the applicant can demonstrate a need for a second lane to facilitate
traffic flow. No more than two stacking lanes shall be permitted.
[4]
Any outdoor service facilities, including, but not limited to,
stacking lanes and transaction windows, shall not be adjoining residentially
used or zoned property.
[5]
Each stacking lane shall provide a minimum total of eight stacking
spaces, one of which shall be placed after the transaction space.
[6]
Each stacking space shall be a minimum of 20 feet long and 10
feet wide in straight portions of the stacking lane. Spaces in curved
portions of the stacking lane shall be 12 feet wide.
[7]
Entrances to stacking lane(s) shall be clearly marked and a
minimum of 60 feet from a roadway intersection. The distance shall
be measured from the property line along the road to the beginning
of the entrance.
[8]
Stacking lanes shall not enter or exit directly into a public
right-of-way.
[9]
Stacking lanes shall be designed to prevent circulation congestion
and conflicts, both on-site and on adjacent public streets. They shall
be clearly delineated from traffic aisles, other stacking lanes, parking
areas and on-site pedestrian circulation through striping, curbing,
landscaping, alternative paving color and/or materials or comparable
means. Additionally, they shall be designed so as not to impede or
impair:
[10]
If a separate stacking lane is curbed, an emergency
bypass or exit shall be provided.
[11]
The intersection of stacking lanes and walk-in
customer access shall be provided with a marked crosswalk and be located
at a reasonable distance from any access connections and/or transaction
windows.
[12]
The use of order boards is prohibited.
[13]
Speakers, if used, shall not be audible at the
residential property line.
[14]
Drive-through facilities determined by the Zoning Board of Appeals to be legally existing on the date of the enactment herein shall be deemed a nonconforming use. Any change in the nature or type of business operated on the premises shall require conformance to the provisions of this Code, including an application for a special permit as detailed in this subsection, § 306-39B(2)(g).
[15]
The Board of Zoning Appeals has the power to regulate the hours of operation of drive-through facilities based upon the impacts of said use to nearby properties and the general standards for special use permits contained in § 306-39B(1) and specific standards where relevant and upon the evidence submitted in the record of the public hearing and upon a consideration of such other relevant and material matters as may otherwise be permitted by law.
(i)
Commercial catering establishments.
[Added 11-6-2006 by L.L. No. 10-2006]
[1]
Applicants shall provide a plan for the disposal
of sewage and kitchen wastes, sized to the maximum customer capacity
of the restaurant.
[2]
Applicants shall demonstrate there will be no
impacts from noise or odors on nearby residential property.
[3]
Applicants shall maintain such other licenses
or permits as may be required by law.
[4]
Permits for commercial catering establishments shall be valid for a period of three years of the date of issuance, unless sooner revoked after a public hearing by the Village Board pursuant to § 306-39B(2)(k)[5] for violations of this or other sections of the Code of the Village of Northport or the rules, regulations and laws of any other agency having jurisdiction.
[5]
A commercial catering establishment shall forfeit and suffer revocation of such authorization after a public hearing by the Village Board pursuant to § 306-39B(2)(k)[5], and no further authorization shall be granted for any food establishment occupying the same premises or location, for a period of two years of the revocation, in the event of the following:
[a]
Upon conviction, by plea or otherwise, of three separate violations of Chapter 200 of the Code of the Village of Northport, if the violations occur within any twelve-month period of time;
[b]
Upon conviction, by plea or otherwise,
of two violations of selling or serving alcoholic beverages to minors,
if the violations occur within any twelve-month period of time; or
[c]
Upon conviction, by plea or otherwise,
of two separate violations of the New York State Uniform Fire Prevention
and Building Code, including but not limited to the absence of a valid
public assembly permit and exceeding the maximum number of occupants
permitted within the assembly space as established by the Code Compliance
Director, if the violations occur within any twelve-month period of
time.
[6]
Nothing contained herein shall be construed
to limit the right of the Village of Northport to pursue enforcement
of this section by an action in law or equity and to recover the cost
of attorneys' fees in any enforcement proceeding.
[7]
Permit renewal.
[a]
At least 90 days before the expiration
of the permit period, an applicant may apply to the Board of Zoning
Appeals for a renewal of the permit. If there has been no physical
alteration to the land, building or structure for which a renewal
is required, or change in use, occupancy or ownership, then in that
event, the documents previously filed on the original application
will be deemed incorporated in the application for a renewal. An applicant
seeking such incorporation shall submit a sworn verification that
no changes or alterations have been made. The Village may conduct
an inspection, on due notice, to verify the contents of such sworn
verification prior to a public hearing.
[b]
After a public hearing held in accordance with § 306-38C herein, the Village Board, in its discretion, may refuse to renew a permit where there are, or have been during the permit period, any violations by the applicant of the Code of the Village of Northport or the rules, regulations and laws of any other agency having jurisdiction relating to the permit previously issued. Additionally, the Board may alter or revise the criteria, conditions or restrictions of a previously issued permit.
[8]
Revocation hearing.
[a]
The Village Board may revoke a
permit issued hereunder only after a public hearing on notice to the
permit holder. Such notice shall contain the time, date and place
of the public hearing and written notice of the charges. Service of
the notice shall be deemed proper if personally delivered to the permit
holder, or delivered to the person in charge at the subject premises,
or mailed by certified mail, return receipt requested, to the last
known address of the permit holder, within 10 days of the public hearing.
The permit holder may present testimony and question opposing witnesses
during the hearing.
[b]
Notice of revocation. In the event
that a permit is revoked by the Village Board, notice of revocation
shall be delivered to the permit holder in the same manner as set
forth in Subsection B(2)(k)[8](a) above. Such notice shall state in
writing the reasons for the revocation.
[c]
No permit shall be revoked under
this section unless a resolution is passed by a concurring majority
vote of the Village Board of Trustees. The decision of the Board shall
be filed with the Village Clerk and becomes final.
(j)
Convenience store as an accessory use.
[Added 11-6-2006 by L.L. No. 10-2006]
[1]
The applicant shall demonstrate a need for the
accessory use based on economic hardship, i.e., the convenience store
accessory is required to support the economic viability of the primary
use.
[2]
The convenience store portion of the use shall
be limited to 200 square feet or less.
[3]
There shall be no food preparation; however,
appliances for hot beverages shall be allowed.
(k)
Food shop with limited-service restaurant.
[Added 11-6-2006 by L.L. No. 10-2006]
[1]
Food shops with limited restaurant service shall
be permitted only in the Highway Business District.
[2]
On-premises seating shall be limited to 16.
[3]
When food is to be prepared on-premises, applicants
shall provide a plan for the disposal of sewage and kitchen wastes,
sized to the maximum customer capacity of the restaurant.
[4]
Applicants shall demonstrate there will be no
impacts from noise or odors on nearby residential property.
[5]
Applicants shall maintain such other licenses
or permits as may be required by law.
[6]
The provisions with respect to the revocation of permits for commercial catering establishments, set forth above in § 306-39B(2)(i)[5] and [8], shall also apply.
(l)
Wireless communication facilities.
[Added 11-4-2010 by L.L. No. 9-2010]
[1]
Legislative intent. The Board of Trustees of the Incorporated
Village of Northport hereby determines that it is in the best interests
of the residents of the Village to set forth specific regulations
establishing standards for the safe provision of the wireless communication
facilities specified herein, consistent with applicable federal and
state laws, statutes, rules and regulations, in order to:
[a]
Protect the health, safety and welfare of the residents
of the Village.
[b]
Protect natural features, aesthetics and residential
character of the neighborhoods within the Village and the efficient
and orderly development of land uses from potential adverse impacts.
[c]
Promote and encourage the location of these devices
in nonresidential areas of the Village.
[d]
Minimize the total number of such devices constructed
throughout the Village within functional limits.
[e]
Promote and encourage joint use of such new and
existing devices and discourage the erection of such devices for single
users.
[f]
Promote and encourage the location of such devices,
to the extent possible, in areas where adverse impacts on the surrounding
neighborhoods is minimized.
[g]
Promote and encourage the configuration of such
devices in a manner that minimizes adverse visual impacts through
careful design, siting, landscape, screening and innovative camouflaging
techniques.
[h]
Promote the ability of providers of services related
to such devices to supply such services as effectively and efficiently
as possible.
[i]
Prohibit potential damage to adjacent and/or nearby
properties from collapse or failure of such devices through adequate
engineering and siting requirements.
[j]
Regulate all wireless communication facilities
fairly and nondiscriminately among and between the various companies
engaged in constructing and/or operating wireless communication facilities
within the boundaries of the Incorporated Village of Northport.
[2]
Definitions and word usage.
[a]
ACCESSORY FACILITY
ANTENNA and/or BEACON
COLLOCATION
DEVICE(S)
FAA
FCC
HEIGHT
INCORPORATED VILLAGE OF NORTHPORT AND ANY SUBDIVISION THEREOF
PREEXISTING TOWERS, MONOPOLES AND ANTENNAE
TOWER, MONOPOLE
WIRELESS COMMUNICATION FACILITY
Definitions. Unless otherwise stated in the section
where the term is used herein, the meanings of terms used in this
chapter shall be as stated below:
Includes any building or other structure which is accessory
to the principal use, being subordinate in size, area, extent and
purpose to the principal use, and located on the same lot as the principal
use.
Includes any device that incorporates a system of electrical
conductors involved in transmitting or receiving radio frequency waves,
including but not limited to radio navigation, radio and television
frequencies (excluding radar), wireless and microwave communications,
generally ranging from 10 hertz to 300,000 megahertz, and/or used
in communications that radiate or capture electromagnetic waves, digital
signals, analog signals or other communications signals.
The use of any communication, transmission and/or reception
antennae and/or towers, radio television and/or telecommunications
beacons to carry two or more antennae by two or more service providers.
Includes wireless communication facility, tower, monopole,
antenna, beacon, and accessory facility as defined herein.
The Federal Aviation Administration of the United States.
The Federal Communications Commission of the United States.
The distance measured from the finished mean grade of the
parcel to the highest point on the tower or other structure, including
the base pad and any antenna.
Includes the government of the Incorporated Village of Northport,
as well as its various departments, agencies and all other facets
of the Village government or its subdivisions.
Includes any and all towers or antennae possessing a valid,
current and proper building permit and/or special use permit issued
prior to the effective date of this section.
Includes any structure designed and constructed primarily
for the purpose of supporting one or more antennae for telephone,
television, radio and similar communication purposes, including self-supporting
lattice towers, guyed towers or monopole towers, radio and television
transmission and reception towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures and
similar structures, inclusive of the structure and any support systems
appurtenant thereto.
Includes transmission and/or reception antennae and/or towers,
monopoles, boxes, radio, television and/or telecommunications beacons,
and radio or television stations, including accessory facilities and
structures and any device not otherwise defined herein the purpose
of which is to facilitate the wireless transmission of voice, data,
images or other forms of wireless communication.
[b]
Word usage. When not inconsistent with the context,
the present tense shall include the future, and words used in the
plural shall include the singular and vice versa. Furthermore, a masculine
pronoun shall include the feminine. "Shall" is mandatory; "may" is
permissive.
[c]
Ambiguity. Terms not defined in this article, or
terms found to be ambiguous or improperly defined in this section,
shall be defined by the Act, or appropriate rules and regulations,
pursuant thereto.
[3]
Exceptions. Nothing herein shall be construed to apply to, prohibit,
regulate or otherwise affect the erection, maintenance or utilization
of the following uses, including antennae and support structures,
which are deemed to be permitted uses and shall not be subject to
the issuance of a special use permit.
[4]
General provisions.
[a]
Special use permit required. No wireless communication facility or any related or accessory structures may be erected without first obtaining a special use permit from the Board of Zoning Appeals, which shall apply the general standards for special use permits set forth in Village Code § 306-39 and the specific standards set forth in § 306-239B(2)(l). The Board of Zoning Appeals shall give due consideration to the Incorporated Village of Northport's existing land uses and development, environmentally sensitive areas and other appropriate factors in approving the issuance of a special use permit for the siting of communication, transmission and/or reception antennae and/or towers, radio, television and/or telecommunications beacons and radio or television stations.
[b]
Zoning. Such uses shall only be permitted within
the commercial and industrial zoning districts of the Incorporated
Village of Northport, unless special circumstances demonstrate by
clear and convincing proof that a communications system cannot properly
function without the location of such a use in a specific residential
area.
[c]
Principal and accessory use. Such uses may be considered
either principal or accessory uses, in that a different existing use
and/or an existing structure on the same lot shall not preclude the
installation of an antenna or wireless communication facility on such
lot.
[d]
Inventory. Any application for such uses shall
include an inventory of all existing like uses, or sites approved
for like uses, that are either within the jurisdiction of the Village
or within one mile of the border thereof, including specific information
about the location, height and design of each wireless communication
facility, compiled by the applicant from municipal records. Applicant
shall be required to prove that existing wireless communication facilities
are not adequate to remedy any gaps in the applicant's coverage.
[f]
Multiple user plans. Service providers submitting
a single application for the approval of collocation of such devices
for multiple users shall be given priority status in a fast-track
review process.
[g]
In addition to complying with the requirements
of this chapter, wireless communication facilities located or proposed
to be located on property owned, leased or otherwise controlled by
the Incorporated Village of Northport or any subdivision thereof must
also obtain a license or lease issued by the Board of Trustees of
the Village of Northport, which shall include payment to the Village
of the fair and reasonable value of the use of public property. Application
to the Board of Trustees must be made simultaneously with the application
for the special use permit to the Board of Zoning Appeals. The failure
to satisfy this requirement shall result in a stay of all proceedings
until all required filings are made.
[h]
No wireless communication facilities may be located
within the boundaries of the Village of Northport unless the applicant
demonstrates a need for such facilities. In evaluating whether there
is a need for the proposed facilities, the Board of Zoning Appeals
shall apply a standard for coverage that is reasonably necessary to
permit voice, data and image transmissions intended to provide consistent
coverage over substantially all of the intended areas.
[i]
Applicants shall be required to pay an application fee of $2,500 for each location on which a wireless communication facility is proposed to be located and shall also be responsible for payment of expenses as provided for in § 147-4.[8]
[8]
Editor's Note: Former Subsection B(2)(l)[4][j], pertaining
to special use permits, which immediately followed this subsection,,
was repealed 9-1-2020 by L.L. No. 2-2020.
[5]
Applications. Applications for special use permits under this
section shall include the following (all of which shall be certified
or sworn to as accurate by qualified persons):
[a]
Certification by a qualified professional setting
forth that such use meets or exceeds current standard regulations
of the FAA, FCC and any other state or federal agency having proper
authority.
[b]
A scaled site plan which meets all the site plan
requirements of the Code of the Incorporated Village of Northport
and any applicable regulations.
[c]
Delineation of all setback distances between the
proposed use and all adjoining structures and residentially zoned
or developed properties.
[d]
Delineation of all distances from other like uses
described in the inventory of existing sites submitted with the application
shall be shown on a site plan or map, identifying the type of construction
of the existing uses and the owner/operator of any such existing uses,
if same can be determined, compiled from municipal records by the
applicant.
[e]
A written description of the application's compliance
with all applicable requirements of this section and all applicable
federal, state and local laws.
[f]
A notarized statement by the applicant as to whether
construction of the proposed use will accommodate collocation of additional
antennae for future users.
[g]
A description of the suitability or unsuitability
of existing like uses, other structures and/or alternative technology
that are available in place of the proposed structure and the uses
contemplated for the proposed structure.
[h]
All information required for a special use permit
in this chapter.
[i]
Applicants are required to submit with their application
documented reports, affidavits and studies that establish the need
for the proposed facility in the location(s) desired, including evidence
to support a request to locate the facilities on residentially zoned
properties.
[j]
Applicants are required to submit with their application
documented reports, affidavits and studies to establish that the proposed
facilities will comply with the federally established limit for RF
emissions.
[6]
General review. The Zoning Board shall consider the following
factors in determining whether to issue a special use permit, in addition
to the standards for consideration of special use permit applications
set forth in this chapter:
[a]
Height of the proposed structure.
[b]
Proximity of the proposed use to residential structures
and residential district boundaries.
[c]
Nature of existing and/or proposed uses on adjacent
and nearby properties.
[d]
Site and/or surrounding topography.
[e]
Surrounding tree coverage and foliage.
[f]
Design of the structure, with particular reference
to design characteristics that have the effect of reducing or eliminating
visual obtrusiveness.
[g]
Proposed ingress and egress.
[h]
Availability of suitable existing uses or other
structures or alternative technologies not requiring the use of new
structures; the Zoning Board should receive and review evidence from
the applicant proving that existing facilities are not adequate to
remedy the applicant's claimed gap in coverage.
[i]
Applicant is required provide sufficient evidence
to establish that there is no suitable location for the proposed facility
on nonresidential property, including providing an inventory of applicant's
efforts to obtain a suitable location on such property and the results
of all testing to measure the suitability of the subject site and
alternative sites.
[7]
Review or alternatives.
[a]
No application for such a special use permit shall
be granted unless the applicant demonstrates to the reasonable satisfaction
of the Zoning Board of Appeals that no existing use, structure or
alternative technology not requiring new construction can accommodate
the applicant's proposed use.
[b]
An applicant shall submit any information requested
by the Zoning Board of Appeals relating thereto. Such evidence may
consist of any or all of the following:
[i]
That no suitable existing uses or structures are
located within the geographic area which meet the applicant's engineering
requirements.
[ii]
That the fees, costs or contractual provisions
required by the owner of an existing like use of structure in order
to share it, or adapt it for sharing, are unreasonable. Costs exceeding
new use development are presumed to be unreasonable.
[iii]
That alternative technologies not requiring the
use of towers or structures, such as a cable microcell network using
multiple low-powered transmitters/receivers attached to a wireline
system, is unsuitable. Costs of alternative technology that exceed
new tower or antenna development shall not be presumed to render the
technology unsuitable.
[8]
Conditions. The granting of a special use permit herein shall
comply with the following conditions:
[a]
Setbacks. The following setback requirements shall
apply to all such uses for which a special use permit is required:
[i]
Wireless communication facilities shall be set
back from any adjoining lot line a distance equal to at least 150%
of the height of the facility in order to provide a safe fall-zone;
this requirement may be varied only if the Board finds that the granting
of a variance from this requirement will not create an unsafe condition.
[ii]
All structures shall satisfy minimum zoning district
setback requirements in the district in which it is located.
[b]
Distance between towers. The required distance
between such uses shall be a minimum of 2,000 feet, measured by drawing
or following a straight line between the base of any existing like
use and the base of the proposed use, delineated on a map or site
plan. Said distance requirement may be reduced by the Zoning Board
of Appeals only after a finding that a specific application merits
such a reduction and closer siting of such uses is warranted due to
reception/transmission limitations caused by topographical interference.
[c]
Security fencing. Such uses shall be surrounded by security
fencing not less than eight feet in height and shall be equipped with
appropriate anticlimbing devices.
[d]
Landscaping.
[i]
All such uses shall be landscaped with a buffer
or plant materials sufficient to screen the view of such uses from
residential property, consisting of at least one row of mixed evergreen
shrubs and trees capable of forming a hedge at least eight feet in
height.
[ii]
Existing mature tree growth and natural land forms
and topography at the site shall be preserved to the maximum extent
possible.
[e]
Abandonment. Any such use that is not operated for a continuous
period of 12 months shall be deemed abandoned, and the owner thereof
shall be responsible for removal of all structures within 90 days
of the issuance of a notice by the Village declaring the facilities
abandoned and directing removal, and upon failure to do so the Village
may take such action at the owner's expense.
[f]
Nonconforming uses. Such uses lawfully existing and operating
prior to the effective date of this section shall be permitted as
they presently exist, including routine maintenance and reconstruction
in like form and height, excluding substantive change, which will
require compliance with the requirements of this section.
C.
Certification of legal nonconforming uses. To hear
application for a determination of the status of any use of land or
buildings as a legal nonconforming use, to decide such questions and
to issue certifications of such status.
D.
To hear direct applications for variances of any of
the provisions of this chapter and to decide the same in accordance
with Village Law § 7-712-b.
[Amended 8-17-1999 by L.L. No. 12-1999]
E.
Modification of parking space and unloading space
requirements. Upon application, the Board of Zoning Appeals may modify
or waive any and all parking space and/or unloading space requirements
as follows:
(1)
For all business districts, if it determines that
the shape or topography of the lot on which the building is located
makes it impracticable to provide sufficient parking or unloading
spaces thereon, the Board may permit the spaces unprovided thereon
to be located on any lot within 500 feet of the street frontage of
the building.
(2)
For the Central Business A and B Districts, the Board
of Zoning Appeals may reduce, modify or waive any parking space or
unloading space requirements of this chapter if it first determines
that:
(a)
The shape or topography of the lot on which
the building is located makes it impracticable to provide sufficient
parking or unloading spaces thereon.
(b)
Alternate sites as prescribed in Subsection E(1) of this section are unavailable.
[Amended 6-7-1977 by L.L. No. 13-1977]
(c)
Existing curb or municipal parking in the vicinity
of the building is capable of accommodating the vehicles reasonably
expected to be parked or unloaded.
(d)
Failure to provide minimum off-street parking
or unloading spaces will not contribute unduly to traffic congestion.
F.
Extensions or changes of legal nonconforming uses
shall be permitted when:
[Amended 11-16-1976 by L.L. No. 14-1976]
(1)
Practical difficulties prevail in operating the premises
or structures in the presently existing nonconforming manner, and
that the proposed extension or remodeling would constitute a reasonable
adjustment of the existing nonconforming use.
(2)
The proposed extension or remodeling will reduce the
deleterious effect on the neighborhood of the existing nonconforming
use. In determining deleterious effect, the Board of Zoning Appeals
shall take into consideration, among other things, traffic generated,
nuisance characteristics, hours and manner of operation, total ground
area covered by structures and the appearance and condition of premises.
(3)
The proposed extension or remodeling will not be more
incompatible with or adversely alter the nature and character of the
neighborhood and neighborhood structures, or prejudice value of adjoining
properties.
(4)
Adequate on-site parking and loading space will be
provided for all potential users.
(5)
The proposed extension or remodeling will not cause
or increase traffic congestion or traffic hazards and will not unduly
restrict fire and police protection of the premises.
(6)
In addition, the Board of Zoning Appeals in granting
a special use permit under this section may also prescribe such further
conditions or restrictions with respect to both the proposed extension
or remodeling and the existing nonconforming structures or use as
in its opinion will increase the compatibility of the nonconforming
use, as extended or remodeled, with the general neighborhood, including
but not limited to landscaping, redecoration, structural improvements,
manner of operation and elimination of offensive uses or procedures.[9]
[9]
Editor's Note: Former Subsection G, pertaining to referral
to the Planning Board and Architectural Review and Historic Board,
which immediately followed this subsection, was repealed 9-1-2020
by L.L. No. 2-2020.
[Amended 4-2-1975 by L.L. No. 4-1975; 8-17-1999 by L.L. No. 12-1999]
There shall be paid to the Village Clerk, simultaneously with the filing of an application for a permit, variance or certification of nonconforming use or location, and with the filing of a notice of appeal, an application or filing fee as set forth from time to time by resolution of the Board of Trustees; see Chapter 147, Fees. No application or notice shall be considered as filed until such fee is paid.
[Amended 8-17-1999 by L.L. No. 12-1999]
The concurring vote of a majority of the members
of the Board shall be necessary to reverse any order, requirement,
decision or determination of any administrative official, or to decide
in favor of the applicant any matter upon which it is required to
pass under this chapter or to effect any variation in this chapter.
However, in passing upon any application or when considering the issuance
of a permit for a fairground or carnival[1] use of premises and a written protest to the granting
of such a permit signed by the assessed owners of more than 20% of
the properties located within a distance of 200 feet from any part
of the premises for which such a permit is sought, is presented to
or filed with the Board, then such a permit may be granted only upon
the unanimous vote of the Board members present at the hearing at
which the application is considered.
[1]
Editor's Note: See § 306-39B(2)(e).
A.
The Board of Zoning Appeals may establish general
rules of procedure which shall govern all proceedings before it. In
addition, the Board may prescribe the manner and form in which all
matters must be presented to it and, if it so prescribes, all papers
shall conform to the prescribed forms and contain all specified information.
B.
Every variance, special permit or conditional use
granted by the Board of Zoning Appeals pursuant to the provisions
of this chapter shall become null and void and have no further force
and effect unless, within 180 days after the filing of the decision
of the Board with the Village Clerk, the variance, special permit
and/or conditional use is commenced, implemented and/or constructed
within said period of time. Upon application to the Board of Zoning
Appeals without the requirement of an additional filing fee, the applicant
may request an extension of time for good cause. Said application
shall be treated pursuant to the procedures established herein for
appeals from a decision of the Code Compliance Director. Such an application
to extend the one-hundred-eighty-day period shall be deemed timely
if the same is applied for prior to the expiration of the said first
one-hundred-eighty-day period.
[Added 8-4-1981 by L.L. No. 8-1981]
