Zoning regulations and use districts as herein
set forth are approved and established. The Amended Zoning Map which
accompanies this ordinance is hereby declared to be a part hereof,
and all notations, references, etc., shown thereon shall be as much
a part of this ordinance as if fully described herein. No building
or land shall be used and no building shall be erected or structurally
altered except in conformity with this ordinance. No building or land
shall be used for any trade, industry or purpose that is noxious or
offensive by reason of emission of odor, dust, smoke, gas fumes, noise,
etc., or that is detrimental to the health, safety, morals or general
welfare of the community.
[Amended 10-13-2010]
As used in this article, the following terms
shall have the meanings indicated:
Any nonconforming use which, at the time such use was commenced, was maintainable as a matter of right under the statutes, ordinances and general rules of law then in effect in the Town of Islip. A legal nonconforming use shall not be considered a permitted use, as defined in § 68-3.
[Amended 1-16-1979]
A.
Any legal nonconforming use may be continued, except as set forth in §§ 68-12, 68-341.IF and 68-401; provided, however, that a legal nonconforming use shall not be changed unless changed to a conforming use. A legal nonconforming use, if changed to a conforming use, may not be thereafter changed to any nonconforming use.
[Amended 9-23-1980]
B.
The substantial discontinuance of any nonconforming
use for a period of one year or more terminates such nonconforming
use of a structure or premises, and thereafter said structure or premises
shall not be used, except in conformity with provisions of this ordinance.
[Amended 9-12-2000]
C.
No building which has been damaged by fire or other
causes to the extent of more than 50% of physical structure, as determined
by the Commissioner of Planning and Development, or his designee,
exclusive of foundations, shall be repaired, rebuilt or used except
in conformity with the provisions of this ordinance.
[Amended 8-12-2003]
D.
Notwithstanding the foregoing provisions, no junkyard
may continue as a nonconforming use for more than three years after
the effective date of this amendment unless such use is made conforming
by a change of zoning and a special permit granted by the Town Board.
[Added 1-19-1982]
F.
The subdivision of any parcel(s) on which a legal
nonconforming use(s) exists terminates such legal nonconforming use
of a structure or premises, and, thereafter, said structure or premises
shall not be used except in conformity with the provisions of the
ordinance. However, this subsection shall not apply to the merger
of parcels improved with principal structures if the subdivision shall
restore the parcels and structures to the identical dimensions and
densities which existed prior to the merger.
[Added 3-24-1992; amended 11-16-1993]
G.
Merger of nonconforming lots. If at any time a nonconforming
lot shall be held in the same ownership as one or more adjoining parcels,
the lot shall lose its status as a nonconforming lot, except to the
extent that the lot created by the merger of the adjoining parcels
remains nonconforming with respect to one or more dimensional regulations
of the district in which it is situated
[Added 12-16-1997]
[1]
Editor's Note: Former § 68-16, Extension
within a building of nonconforming use, was repealed 4-2-1985. This
ordinance also provided that it shall be effective 4-21-1985.
[Amended 11-8-1972; 4-2-1985]
A.
A building arranged, designed or devoted to a nonconforming
use at the time of the passage of this ordinance may not be reconstructed
or structurally altered to an extent exceeding 25% of the ground area
of that specific building, unless the use of said building is changed
to a conforming use. The aggregate ground area of any additional nonconforming
structures shall not be considered in this calculation.
[Amended 5-28-2008]
B.
A nonconforming use of land may not be extended in
the aggregate more than 25% of the area occupied at the time of the
passage of this ordinance.
C.
No legal nonconforming use within a building may be
expanded to more than 25% of the existing floor area occupied by the
nonconforming use.
D.
No extension of a nonconforming use may be made pursuant to the foregoing provisions of this section except after the granting of a special exception by the Board of Appeals in accordance with the provisions of § 68-415A of the Code of the Town of Islip.
E.
This section shall not apply to existing structures
that maintain a certificate of occupancy or certificate of compliance,
provided they are being used for the permitted uses of the district
within which they are located. Any addition or alteration to a structure
in this category shall be subject to the dimensional requirements
of the district in which it is located or shall apply for any necessary
area variances from the Zoning Board of Appeals.
[Added 1-14-2003]
F.
This section shall not apply to existing structures
on substandard lots that maintain a certificate of occupancy or certificate
of compliance, provided they are being used for the permitted uses
of the district within which they are located. Any addition or alteration
to a structure in this category shall be subject to the dimensional
requirements of the district in which it is located or shall apply
for any necessary area variances from the Zoning Board of Appeals.
[Added 1-14-2003]
G.
Parcels being used for the permitted uses of the district
but existing in a nonconforming location on a property will be allowed
to expand or modify without variance provided the following conditions
are met:
[Added 8-12-2003]
(1)
The building maintains a valid certificate of occupancy
or compliance.
(2)
The addition or alteration complies with all regulations
of the district in which it is located (i.e. FAR, setbacks, lot occupancy,
height).
(3)
The parcel is free from violations and otherwise complies
with the Town Code.
(4)
No new or increase of variances occur as a result
of the addition.
A parking area, the use of which does not conform
to this ordinance, shall not be deemed a legal nonconforming parking
area unless it has been used in conjunction with and accessory to
a conforming building or legal nonconforming building. Parking areas
which have been installed at permitted locations without presenting
plot plans for approval in accordance with this ordinance shall not
be considered a legal nonconforming or conforming use.
Existing sign for which a permit has not been
issued within two years of the effective date of this ordinance, as
provided in this article, shall presumptively be an illegal nonconforming
use for the purpose of any application to or proceeding before any
officer or board of the Town of Islip.
[Amended 5-2-1972; 4-3-1973; 3-26-1974; 3-21-1978; 2-5-1980]
All applications to establish a nonconforming
use shall be heard, after notice to the surrounding property owners,
by the Board of Appeals.
A.
An applicant must send due notice of said application
to the owner or owners of real property within 200 feet of the subject
property. The notice must be mailed by certified mail, return receipt
requested. Upon the day of the hearing, said receipt must be submitted
to the Board, along with a copy of a Tax Map showing the premises
and all premises within 200 feet.
B.
Upon confirmation by the Board of any legal non-conforming
use, a Building Inspector or other persons charged with the issuance
of certificates of occupancy and/or certificates of compliance shall
issue said document with an endorsement specifying the legal nonconforming
use, and said document shall constitute presumptive use in any action
or proceeding brought under this ordinance.
[Added 10-13-2010]
A.
Upon proof satisfactory to the Board of Appeals after due public
hearing, a structure, or additions thereto, which is intended to contain
a permitted use only may be erected on any lot separately owned at
the time of its rezoning to its current zoning district which does
not meet the width and area requirements for said district, provided
that the width and area requirements of the amended Zoning Ordinance
were met prior to such rezoning, and further provided that all other
requirements of the amended Zoning Ordinance associated with that
district are met.
B.
Proof of single and separate ownership shall be submitted to the
Board of Appeals in the form of a recognized title company on a form
prescribed by the Board, accompanied by a chain of title of the subject
property and all contiguous property and also a survey prepared by
a licensed surveyor identifying the contiguous lot numbers and/or
properties.
C.
Single and separately owned parcels may be merged with adjacent single
and separate parcels to create larger parcels which more closely conform
to the zoning requirements. In accordance with this policy, single
and separate parcels located between adjacent single and separate
parcels may be split and merged with the adjacent single and separate
parcels. In order to encourage the merger of adjacent parcels to create
larger parcels, the owner of a parcel of land which is in single and
separate ownership may also merge an adjacent parcel that is not in
single and separate ownership with the subject parcel, provided that
the parcel not in single and separate ownership was a separate tax
parcel on April 11, 1928.
[Added 10-13-2010]
Before any lot or building plot is formed from part of a lot
or lots shown on a filed map, the owner thereof shall submit the proposed
separation to the Department of Planning and Development, in duplicate,
for determination as to whether same constitutes a subdivision. If
determined to be a subdivision, the applicant-owner(s) will be required
to submit detailed subdivision improvement plans satisfactory to the
Department of Planning and Development basically in compliance with
subdivision regulations. Any substantial relaxation or waiver of said
subdivision regulations will require the approval of the Planning
Board before issuance of any building permits.
