A.
The Board of Appeals heretofore established, consisting
of five members, shall continue in existence. The method of appointment,
terms of office and tenure of its members shall be as prescribed by
law.
B.
The Board shall have all the powers and duties prescribed
by law and by this chapter.
C.
The Board shall appoint a Secretary and shall prescribe
rules for the conduct of its affairs.
D.
All meetings of the Board of Appeals shall be open
to the public. A quorum shall consist of three members.
E.
Every decision by the Board shall be by resolution
and shall contain a full record of the findings of the Board in the
particular case.
F.
The Village Board shall designate the Chairperson and Vice Chairperson
of the Board of Appeals. Such designation shall be for one official
year of the Village and shall expire at the end of each official year.
During the absence, disability or disqualification of the Chairperson,
the Vice Chairperson shall perform all the duties, exercise the powers
and be subject to all of the responsibilities of the Chairperson.
The designation of Chairperson and Vice Chairperson may be withdrawn
at the pleasure of the Village Board. The duties of the Chairperson
shall be as follows:
[Added 9-13-2018 by L.L.
No. 10-2018]
(1)
To preside at all meetings.
(2)
To postpone meetings due to inclement weather and to call special
meetings.
(3)
To sign, together with the administrative support personnel of the
Village Clerk or Building Department, all official documents of the
Board of Appeals.
(4)
To see that all reports, documents, and actions of the Board of Appeals
are properly made, executed, filed or taken, as the case may be, in
accordance with law and regulations of the Board of Appeals.
(5)
To serve as liaison to the Village Board of Trustees and other Village
boards.
G.
Training. All members of the Board of Appeals, including alternate
members, shall be required to meet the training and continuing education
requirements as established by law and the Village Board.
[Added 9-13-2018 by L.L.
No. 10-2018]
H.
Alternate members. For the purposes of substituting for a member
of the Board of Appeals in the event that such member is unable to
participate because of a conflict of interest or is otherwise unavailable,
the Mayor may appoint one or more alternate members subject to the
approval of the Board of Trustees, with any such appointment for a
term of one year from the date of appointment. Any designation of
an alternate member in replacement of a member on a particular case
shall be made by the Chairperson of the Board of Appeals and shall
be entered in the minutes.
[Added 9-13-2018 by L.L.
No. 10-2018]
A.
Applications for any action by the Board of Appeals
shall be submitted in the form required by the Board and filed in
the municipal office.
B.
The Board shall fix a time and place for a public
hearing thereon and shall provide for the giving of notice at least
10 days prior to the date thereof, as follows:
(1)
By publishing a notice in the official newspaper.
(2)
By requiring the applicant to erect a white-with-black-lettering
sign or signs measuring not less than 22 inches long and 14 inches
wide, which shall be prominently displayed on the premises facing
each street on which the property abuts, giving notice that an application
for an appeal is pending and the date, time and place where the public
hearing will be held. The sign shall not be set back more than 10
feet from the street line and shall not be less than two nor more
than six feet above the grade at the street line. The sign shall be
made of durable material and shall be furnished by the Board of Appeals.
It shall be displayed for a period of not less than 10 days immediately
preceding the public hearing date. No additional posting shall be
required for any adjournment date. The applicant shall file an affidavit
that he has complied with the provisions of this section.
[Amended 6-20-1989 by L.L. No. 9-1989; 1-9-1998 by L.L. No. 1-1998]
(3)
If the land involved in an application is within 500
feet of the boundary of any other municipality, notice of the public
hearing shall also be mailed to the Municipal Clerk of such other
municipality.
(4)
The applicant shall mail written notice of the date,
time and place of the hearing by either certified or registered mail,
return receipt requested, to every property owner, as shown on the
current Village of Southampton assessment rolls, within the area immediately
adjacent and directly opposite thereto for a distance of 200 feet
from the perimeter of the property.
[Added 3-9-1990 by L.L. No. 3-1990]
C.
Notice of the public hearing and a description of
the applicant's proposal shall be transmitted to the Suffolk County
Planning Commission in any case where the land involved in an application
is within 500 feet of:
(1)
The boundary of any other municipality, the Atlantic
Ocean, any bay or estuary thereof.
(2)
Any state or county park or other recreation area.
(3)
The right-of-way of any federal, state or county parkway,
throughway, expressway or other controlled or full access highway.
(4)
The right-of-way of any stream or drainage channel
owned by the county or for which the county has established channel
lines.
(5)
The boundary of any state- or county-owned land on
which a public building or institution is situated.
D.
No action shall be taken on applications referred
to the Suffolk County Planning Commission until the Department's recommendation
has been received or 30 days have elapsed after the Department received
the full statement on the applicant's proposal.
E.
A record shall be established of all variances granted
pursuant to action of the Board of Appeals under this chapter. Each
case shall be identified by a sequential numbering system and alphabetically
by applicant's name. Said files shall be available for public inspection.
F.
The Board shall keep minutes of its proceedings, showing
the vote of each member upon every question or, if absent or failing
to vote, indicating such fact. The Board shall keep records of its
examinations and official actions, all of which shall be filed in
the Municipal Clerk's office and shall be a public record.
G.
Building permits authorized by Board of Appeals' actions
on variance cases shall be obtained within 90 days and shall automatically
expire if construction under the permit is not started within 90 days
of issuance and completed within one year, except for area and dimension
variances. Extensions of these periods may be granted by the Board
of Appeals without a further public hearing where good cause is shown.
H.
The application fee for a variance application shall
be $750 or such other amount as the Village Board of Trustees may
hereafter fix and establish from time to time by resolution.
[Amended 12-9-1988 by L.L. No. 8-1988; 1-9-1998 by L.L. No. 1-1998; 11-9-2006; 6-23-2009]
The Board of Appeals shall, upon appeal, hear
and decide:
A.
Any matter where the applicant alleges that the Building
Inspector was in error in refusing to issue a building permit or certificate
of occupancy as a result of misinterpreting the meaning, intent or
application of any section or part of this chapter.[1]
C.
Any matter which the Building Inspector appeals on
grounds of doubt as to the meaning or intent of any provision of this
chapter or as to the location of a district boundary line on the Zoning
Map.
A.
The Board of Appeals shall have the power by way of
original jurisdiction and in passing on appeals, where there are practical
difficulties or unnecessary hardships in the way of carrying out the
strict letter of this chapter, to vary or modify the application of
the regulations or provisions of this chapter.
B.
Guiding principles.
(1)
Every decision by the Board of Appeals granting a
variance shall clearly set forth the nature and extent of such variance.
(2)
Every variance granted by the Board of Appeals may be made subject to such conditions and safeguards as the Board shall deem to be applicable to the particular case. Violations of such conditions or safeguards that are a part of the Board's decision shall be deemed a violation of this chapter, punishable under the provisions of § 116-40 of this chapter.
(3)
Any variance granted by the Board of Appeals pursuant
to the provisions of this article shall be construed to be a nonconforming
use.
C.
General standards. For every such variance from the
strict application of any provision of this chapter, the Board of
Appeals shall determine that:
(1)
Strict application of the chapter would cause practical
difficulties or unnecessary hardships.
(2)
Such variance is the minimum variance that will relieve
such practical difficulties or unnecessary hardships.
(3)
Such variance is in the spirit of the general purposes and intent of this chapter as stated in § 116-1 of this chapter.
(4)
Such variance is so designated as to provide reasonable
consideration to, among other things, the character of the neighborhood
or district, the conservation of property values in the vicinity and
the guidance of building development in accordance with the Master
Plan.
(5)
Such variance does not involve substantial detriment
to the public welfare nor substantially impair the intent and purpose
of the zone plan and of this chapter.
B.
With respect to lots lying across district boundary
lines:
(1)
To grant a permit, in appropriate cases, where the
lot of the applicant, as such lot existed on the effective date of
this chapter, lies across the boundary of two districts, for the extension
into the more restrictive district, but for a distance not exceeding
50 feet measured at right angles to such district boundary line.
C.
With respect to nonconforming uses, buildings, structures
and lots:
[Amended 8-20-1991 by L.L. No. 6-1991; 9-24-1991 by L.L. No. 10-1991]
(1)
To grant a permit for the extension of such a nonconforming
use on the same lot on which it was located or an increase in the
degree of nonconformity of a nonconforming building or structure,
provided that:
(a)
In the case of a nonconforming use, such enlargement
or extension shall not exceed, in all, 50% of the floor area of such
building or structure actually devoted to such nonconforming use on
the effective date of this use having first become nonconforming.
In the case of a nonconforming building or structure, such enlargement
or extension shall not exceed, in all, 50% of the usable floor area
of such building or structure existing on the effective date of this
building or structure having become nonconforming.
(c)
There shall be no change in the nature or character
of such nonconforming use or of such building or structure.
(d)
The lot coverage and density shall not be greater
than would be permitted by the most restrictive lot coverage and density
provisions of this chapter applicable to a permitted use or special
exception use of the same nature or character. The term "density"
includes, among other things, the number of dwelling units allowed
based on the lot area, the number of guest units allowed based on
the lot area and the number of uses allowed based on the lot area.
(2)
To grant a permit for the reconstruction, structural
alteration, restoration or repair of a building or structure used
for a nonconforming use, to an extent not to exceed in aggregate 100%
of the gross floor area of such building or structure.
(3)
To grant a certificate of occupancy for a change in
a nonconforming use, provided that:
D.
With respect to yard requirements:
(1)
To grant a variance modifying the yard requirements of a nonconforming lot which qualified under the terms of § 116-19C(4) of this chapter as to ownership, but where compliance with the dimensional provisions of the chapter is not feasible.
[Amended 3-8-1974]
F.
With respect to accessory parking and truck loading
spaces:
(1)
To waive the requirements of § 116-14C, D and E of this chapter for off-street parking and truck loading spaces, in whole or in part, in a case where the municipality owns or operates a public parking and/or truck loading area within 500 feet of the lot and where the Board of Appeals determines that there is no need for additional facilities.
(2)
(3)
To permit a reduction in the number of off-street parking spaces and/or truck loading spaces originally required and installed for a particular use pursuant to § 116-14C, D and E of this chapter in cases where the Board of Appeals determines that, by reason of diminution in number of dwelling units or residents or in floor area, seating capacity or area, number of employees or change in other factors determining the demand for such spaces, the proposed reduction in available spaces will be consistent with the requirements of said subsections, and further provided that the area so withdrawn from these uses shall remain in reserve for potential future increases in need.
(4)
Special requirements.
[Added 3-13-1981 by L.L. No. 1-1981[1]]
(a)
Every decision of the Board of Appeals which grants a variance waiving, varying or modifying the requirements of § 116-14C, D or E of this chapter for off-street parking and/or truck loading spaces, in whole or in part, shall clearly set forth the nature and extent of such variance by specifying the number of spaces required to be provided pursuant to said requirements, the number of spaces required to be provided by the Board of Appeals and the number of spaces thus waived by the Board of Appeals. The number of spaces so waived by the Board of Appeals shall constitute the number of spaces for which a variance is granted.
(b)
Every variance granted by the Board of Appeals which waives, varies or modifies the requirements of § 116-14C, D or E of this chapter for off-street parking and/or truck loading spaces, in whole or in part, shall be made subject to a condition requiring a payment to the Village of Southampton of a sum to be determined by the Board of Trustees for each and every space for which a variance is granted, which sums shall constitute a trust fund to be used by the Board of Trustees exclusively for public off-street parking and truck loading space purposes, including the acquisition and improvement of land for such purposes. Such condition shall be deemed a condition of every such variance, and such payment may be referred to as the "off-street parking space fee."
(c)
The amount of the per-space sum required to be paid to the Village for each and every space for which a variance is granted pursuant to Subsection F(4)(b) above shall be $8,000 per space or such other amount as the Board of Trustees may hereafter fix by resolution of such Board. The Board of Trustees may from time to time fix, by resolution, the amount of such per-space sum.
[Amended 12-9-1983; 6-24-2008]
[1]
Editor's Note: Section 3 of L.L. No. 1-1981, concerning the establishment of the Public Off-Street Parking and Truck Loading Space Trust Fund, has been included as § 116-29 of this chapter. Section 1 of said local law, entitled "Purposes," reads as follows:
”(a) Section 3-60 of the Village of
Southampton zoning ordinance of 1973 sets forth off-street parking
and truck loading space requirements. Pursuant thereto, off-street
parking and truck loading spaces must be provided as an accessory
use in amounts not less than those specified in said section. However,
pursuant to Sections 5-40 and 5-50-60 of said zoning ordinance, the
Board of Appeals is authorized to grant a variance of the regulations
or provisions of said zoning ordinance, including a variance waiving
the requirements for off-street parking and/or truck loading spaces
in whole or in part, in cases where specified facts or circumstances
are established.
”(b) In cases where facts or circumstances
are established pursuant to Section 5-40 or Section 5-50-60.02 of
said zoning ordinance, the granting of a variance of the requirements
for off-street parking and/or truck loading spaces might be warranted
or compelled, even though there is a need for additional off-street
parking and/or truck loading spaces and even though the application
before the Board of Appeals would be likely to contribute to such
need. The Board of Trustees finds that the adverse impacts of such
a variance cannot be successfully controlled by the use of customary
conditions now available to the Board of Appeals and used by such
Board in the case of other types of variances. Therefore, the Board
of Trustees finds that special provisions must be enacted in order
to avoid or minimize the adverse impacts of such a variance, and in
order to promote the purposes for which the off-street parking and
truck loading space requirements were adopted.
"(c) Such special provisions would establish
a trust fund to be used by the Board of Trustees exclusively for public
off-street parking and truck loading space purposes, including the
acquisition and improvement of land for such purposes. Such special
provisions would require, as a condition to the granting of such a
variance, a payment to such trust fund of a sum to be determined by
the Board of Trustees for each and every space for which a variance
is granted. The total amount so required to be paid to such trust
fund would be equivalent to the number of spaces for which a variance
is granted multiplied by the per space sum in effect at the time of
the granting of such a variance. The per space sum would be equivalent
to the estimated cost per space of providing off-street parking and
truck loading spaces. Such special provisions would enable the Village
to provide the spaces needed as a result of the variance and would
thereby promote public safety in the form of alleviated traffic congestion."
G.
With respect to waterfront lots:
(1)
To grant, in appropriate cases where the premises
are bounded by the Atlantic Ocean or by any other natural body of
water, a permit for the erection of an accessory building nearer to
the front lot line than the main building, subject to all other pertinent
provisions of the chapter and subject to the following conditions:
(a)
In any residential district, such accessory
building shall set back from the street line at least 100 feet and
shall conform to the requirements of the particular district relating
to side yards as if the same were a main residence.
(b)
Such building shall not exceed one story in height above average ground level and shall in no event exceed 16 feet in height, measured from average ground level to the highest point thereof. Allowance of any height above the ground over 12 feet shall be without reference to interior use but rather for the purpose of adapting such building to the considerations hereinafter set forth in Subsection G(1)(e) below.
(c)
The area of such building shall not exceed 1,200
square feet or 75% of the area of the main building, whichever shall
be less.
(d)
No such accessory building shall be used for
residential purposes.
(e)
Where necessary for the protection of the district
and its character and of the other properties in the vicinity and
of the owners thereof, the Board of Appeals shall impose appropriate
restrictions, conditions and safeguards based upon but not limited
to the following considerations:
[1]
Desirability and suitability of placement, location,
architecture and design with reference to surroundings and the use
and enjoyment of the main building and neighboring properties, including,
where the Board shall deem proper, conformity of architecture and
design to the main building.
[2]
Screening, where deemed necessary, by planting
shrubbery and trees or other barriers, from adjoining properties,
drives and streets or ways, whether public or private.
[3]
Protection against use or manner of use obnoxious
or detrimental to others or inconsistent with the spirit and purpose
of this chapter.
H.
With respect to temporary building permits:
(1)
To grant a temporary building permit for a period
not to exceed one year for a nonconforming building, structure or
use incidental to a building or other construction project, including
such uses as the storage of building supplies and machinery, a real
estate office or model houses located on or near a tract of land where
individual properties are being offered for sale, provided that:
(a)
Such temporary permit shall be issued only upon
written agreement by the owner or his agent to remove such building,
structure or use or to convert it to a conforming use upon the expiration
of the permit.
(b)
Such permit shall be subject to such reasonable
conditions as the said Board of Appeals shall determine to be necessary
to protect the public health, safety, morals and general welfare.
I.
With respect to temporary directional signs indicating
the location of a real estate subdivision:
(1)
To grant a permit for the location of a temporary
directional sign off the subdivision site for a period of one year,
provided that:
(a)
Such temporary permit shall be issued only upon
written agreement by the owner or his agent to remove such temporary
directional sign upon the expiration of the permit.
(b)
Such permit shall be subject to such reasonable
conditions as the said Board of Appeals shall determine to be necessary
to protect the public health, safety, morals and general welfare.
(c)
Only the minimum number of such signs shall
be permitted consistent with their purpose.
(2)
Such permit may be renewed annually, at the direction
of the Board of Appeals, for not more than two additional years.
J.
With respect to off-street parking spaces for office
or office building use:
[Added 2-25-1986 by L.L. No. 1-1986]
(1)
To permit, in appropriate cases, the off-street parking space requirement for office or office building use to be determined by establishing and utilizing a requirement of one space per 200 square feet of gross floor area (rather than one space per 150 square feet of gross floor area as provided in § 116-14D), provided that the Board of Appeals determines that:
(a)
Such variance will benefit the Village by lessening
the amount of paving that would otherwise be required and increasing
the amount of natural or suitably landscaped open space or buffer
area that would otherwise be provided.
(b)
Such variance will not result in more gross floor area than would otherwise be allowed (to wit, than would be allowed if the one space per 150 square feet of gross floor area requirement was utilized), except as provided in § 116-28J(3).
(c)
By reason of the particular circumstances involved,
including but not limited to the nature of the proposed use and the
location of the property, such variance will result in sufficient
off-street parking spaces to serve the reasonably anticipated parking
needs and demands.
(2)
Such variance may be made subject to such conditions
and safeguards as the Board of Appeals shall deem necessary or advisable,
including but not limited to conditions and safeguards requiring that:
(a)
Land area is reserved for potential future off-street
parking space use in the event of future increases in parking needs
or demands.
(b)
A written agreement or covenant is furnished
by the applicant to provide additional off-street parking spaces in
the future in the event of future increases in parking needs or demands.
(c)
Such variance is a temporary variance which
shall expire after a specified period of time, unless renewed after
future review if the then-prevailing circumstances warrant such renewal.
(3)
In appropriate cases compatible with an intent to
preserve, protect, restore or promote the historic and/or architectural
character and integrity of a building of historical and/or architectural
significance which is being threatened by a new development, alteration
or replacement, the Board of Appeals may permit such variance to result
in more gross floor area than would otherwise be allowed, provided
that the Board of Appeals determines that:
(a)
A threat to the continuance of a building of
historic and/or architectural significance exists.
(b)
Such permission will benefit the Village by
preserving, protecting, restoring or promoting the historic and/or
architectural character and integrity of such building.
(c)
Such permission is needed to support the continued
historic and/or architectural character and integrity of such building.
(4)
Such permission to exceed the amount of gross floor
area that would otherwise be allowed may be made subject to such conditions
and safeguards as the Board of Appeals shall deem necessary or advisable,
including but not limited to requiring that a written agreement or
covenant be furnished by the applicant to eliminate office use of
such excess floor area in the event that such building is removed
from the property or destroyed by natural or other means.
(5)
The provisions of § 116-28F(4) shall not be applicable in a case where the Board of Appeals grants a variance pursuant to the provisions of this § 116-28J.
K.
With respect to buildings of historic and/or architectural
significance:
[Added 12-21-1993 by L.L. No. 9-1993]
(1)
In appropriate cases compatible with an intent to
preserve, protect, restore or promote the historic and/or architectural
character and integrity of a building of historic and/or architectural
significance which is being threatened by a new development, alteration
or replacement, the Board of Appeals may grant a use variance for
such use or uses as may be appropriate and such other variance as
may be appropriate, provided that the Board of Appeals determines
that:
(a)
A threat to the continuance of a building of
historic and/or architectural significance exists.
(b)
Such variance or variances will benefit the
Village by preserving, protecting, restoring or promoting the historic
and/or architectural character and integrity of such building.
(c)
A need for such variance or variances exists
in order to support the continued historic and/or architectural character
and integrity of such building.
(d)
Such variance or variances is/are reasonable
as the same may relate to nearby neighborhood uses.
(e)
Considering existing zoning district provisions, objectives, principles and standards expressed in the Master Plan and objectives, principles and standards expressed in Chapter 65, Historic and Landmark Preservation, of the Village Code, such variance or variances is/are in the best interest of the Village.
(2)
The application for such variance or variances shall
be referred to the Board of Architectural Review and Historic Preservation
for its report before any determination by the Board of Appeals. The
following provisions shall be applicable to such application and referral:
(a)
The Board of Architectural Review and Historic Preservation shall consider whether the building meets one or more of the criteria for designation as a landmark under Chapter 65, Historic and Landmark Preservation, of the Village Code, and said Board shall report its findings with respect thereto to the Board of Appeals. If the Board of Architectural Review and Historic Preservation finds that the building does not meet any of said criteria for designation as a landmark, then said building shall not be considered a building of historic and/or architectural significance within the meaning of this Subsection K of § 116-28, and said building shall not be eligible for a variance under this Subsection K of § 116-28.
(b)
The Board of Architectural Review and Historic
Preservation may consider and report its comments and recommendations
regarding the criteria for such variance or variances to the Board
of Appeals.
(3)
Such variance or variances may be made subject to
such conditions and safeguards as the Board of Appeals shall deem
necessary or advisable, including but not limited to requiring that
a written agreement or covenant be furnished by the applicant to eliminate
such use or uses or to convert the same to a conforming use in the
event that such building is removed from the property or destroyed
by natural or other means.
[Added 3-13-1981 by L.L. No. 1-1981]
There is hereby created a Village of Southampton
Public Off-Street Parking and Truck Loading Space Trust Fund to be
used by the Board of Trustees exclusively for public off-street parking
and truck loading space purposes, including the acquisition and improvement
of land for such purposes.