Legal Notice: Southold Town Board Public Hearing

LEGAL NOTICE
NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 26th day of September, 2017, a Local Law entitled “A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Special Exception Uses ” and

NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 16th day of January 2018 at 7:31 p.m. at which time all interested persons will be given an opportunity to be heard.

The proposed Local Law entitled, “A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Special Exception Uses” reads as follows:

LOCAL LAW NO.     2018

A Local Law entitled, “A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Special Exception Uses”.

BE IT ENACTED by the Town Board of the Town of Southold as follows:Purpose. To clarify certain provisions of the Town Code and to give the Zoning Board of Appeals flexibility in granting of Special Exception Permits to allow applicants to receive other approvals prior to

I. Purpose. To clarify certain provisions of the Town Code and to give the Zoning Board of Appeals flexibility in granting of Special Exception Permits to allow applicants to receive other approvals prior to expiration of the permit.

II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows:

Chapter 280. Zoning
Article XXV. Special Exception Uses

  • 280-141. Application; hearing; approval; violations of conditions.

A. An application for a special exception approval shall be on the form for the same provided by the Zoning Board of Appeals and shall be submitted in triplicate to the Zoning Board of Appeals, which shall review the application for completeness and conformity with this chapter. The Zoning Board of Appeals shall reject the application if it is not complete or not in conformance with the Zoning Code and shall notify the applicant as to the reason for such rejection. Upon a determination by the Zoning Board of Appeals that the application is complete If the application is satisfactory, the applicant and the Zoning Board of Appeals shall set the application shall be scheduled down for a public hearing. The fee for a special exception shall be $400, as set forth in § 280-149.

B. Prior to taking action on any special exception use, the Zoning Board of Appeals shall schedule a public hearing within 45 days after determination that the application is complete. Within 60 days following the close of the public hearing, the Board shall render a decision on the application.

C. Effect of approval. A special exception approval issued in accordance with the provisions of this article shall authorize only the special exception use for which the approval is granted, provided however:

(1)  No use which is not a special exception use hereunder shall be authorized by any such approval;

(2)  The approval may include reasonable conditions which the Zoning Board of Appeals determines to be necessary or appropriate to ensure that the applicable general and specific standards and safeguards set forth in this chapter for the use can and will be met and/or adhered to;

(3)  The Zoning Board of Appeals may condition the permit by requiring that the applicant actually complete construction and begin the approved special exception use in compliance with the conditions imposed by the Zoning Board of Appeals within a time period of from six months to three years;

(4)  If the Zoning Board of Appeals fails to specify a period to complete construction and begin the approved special exception use, the time period to complete construction and begin the approved special exception use shall be one year;

(5)  An application may be made and the Zoning Board of appeals may grant, after holding a public hearing in accordance with § 280-150, an extension of the approval of up to one year;

(6)  A special exception approval shall be valid for a period of six months but may be extended for one additional six-month period by the Zoning Board of Appeals within the requirement of new public notice of hearing. A continuing or permanent land use authorized by a special exception approval, which use is undertaken or begun during the period in accordance with the Zoning Board of Appeals approval of validity of such approval, shall thereafter be deemed a lawful use as if the same were permitted by this chapter without need for a special exception permit; provided, however, that:

a. All conditions imposed by the special exception approval shall continue to apply unless they, by their express terms, are of limited duration.

b. All conditions imposed on special exception approval uses generally or specifically by this chapter shall continue to apply, regardless of whether any such conditions were expressly incorporated into the special exception approval.

c. The Zoning Board of Appeals shall retain continuing jurisdiction over the same;

d. The duration of a special exception use may be limited to a specified time period as set forth in the approval of the Zoning Board of Appeals, if the approval is silent as to the duration of the special exception use, then said use shall be in perpetuity;

e. A special exception use which has been discontinued for a period of one year or more shall be deemed abandoned

D. Violations of conditions. A violation of any limitation or condition of a special exception approval or of any provision of this chapter applicable to a special exception use shall constitute a violation of this chapter. The Zoning Board of Appeals shall retain jurisdiction and shall have the right, after a public hearing, to modify, suspend or revoke such approval or any term or condition thereof or to impose thereon one or more new conditions, all on the following grounds: [Amended 6-15-1993 by L.L. No. 10-1993]

(1)       False statements or mistake of material fact: materially false or inaccurate

statements in the application, supporting papers or supporting testimony or ignorance or misunderstanding of a material fact by the Board, which fact, had it been known to the Board at the time of its review, would have resulted in a denial of the approval sought.

(2)       Noncompliance with the terms and conditions of such approval: failure of the applicant-permittee to comply with any conditions or terms of the approval.

(3)       Activity beyond such approval: exceeding the scope of the activity, use or project as the same was described in the application.

III.       SEVERABILITY

If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.

EFFECTIVE DATE

IV. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.

Dated: December 5, 2017

BY THE ORDER OF THE
SOUTHOLD TOWN BOARD
Elizabeth A. Neville
Southold Town Clerk

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