RESOLUTION TO SCHEDULE PUBLIC HEARING ON A LOCAL LAW AMENDING ARTICLES V AND IX OF THE ZONING LAW WITH RESPECT TO NONCONFORMING BUILDINGS AND STRUCTURES AND NONCONFORMING LOTS
RESOLVED, that the Board of Trustees of the Village of Dering Harbor hereby directs that a public hearing shall be held on Saturday, April 13, 2019 at 9:00 a.m. prevailing time, at the Dering Harbor Village Hall, Locust Point Road, Dering Harbor, New York, to hear any and all persons either for or against the following local law entitled: “Local Law amending Articles V, VI and IX of the Zoning Law with respect to nonconforming buildings and structures and nonconforming lots.”
LOCAL LAW NO. ___ OF 2019
A LOCAL LAW amending Articles V, VI and IX of the Zoning Law with respect to nonconforming buildings and structures and nonconforming lots.”
BE IT ENACTED by the Board of Trustees of the Village of Dering Harbor as follows:
Section 1. Legislative Intent. Currently the Zoning Law requires that no building or structure shall be erected or altered on a nonconforming lot, without first obtaining special exception permission from the Zoning Board of Appeals. Special exception permission is required regardless of whether or not the building or structure to be altered or the addition of a building or structure will comply with the underlying zoning requirements. The Board of Trustees find that compliance with the underlying zoning dimensional requirements (i.e. setbacks, height) presumptively meets special exception standards and that additional review by the ZBA in such instances is duplicative, burdensome and unnecessary. Expansion of a nonconforming building and structure or the addition of a proposed building or structure that will not comply with the underlying zoning requirements will still require application to the ZBA under the “nonconforming” provisions of §9-900. Specifically, it is the intent of this local law to amend sections 5-502, 5-504, 6-602 and 6-603 to eliminate the requirement for special exception review for the alteration or addition of a building or structure on a nonconforming lot. The underlying dimensional requirements for the two zoning districts remain the same. It is also the intent of this local law to amend §9-900(3) to clarify that a legally existing nonconforming building and structure can be reconstructed, structurally altered, restored, repaired, in whole or in part, except that the degree of nonconformity shall not be increased, including that there be no expansion of the floor area, lot coverage or volume of the nonconformity building or structure.
Section 2. Amendment. Section 5-502 is hereby amended by deleting strikethrough words and adding underlined words as follows:
Section 5-502; Area and width of lot
No building or structure shall be erected or altered on a lot having an area less than three acres or width of less than two hundred feet, not withstanding any other provision of these regulations, without permission of the Zoning Board of Appeals. The lot area for a lot in the “A” Residential District shall be three acres (130,680 square feet). The lot width for a lot in “A” Residential District shall be two hundred (200) feet.
Section 3. Amendment. Section 5-504 is hereby amended by deleting strikethrough words and adding underlined words as follows:
Section 5-504; Depth of lot
No building or structure shall be erected or altered on a lot having a depth off less than three hundred feet, not withstanding any other provision of these regulations, without permission of the Zoning Board of Appeals. The lot depth for a lot in the “A” Residential District shall be three hundred (300) feet.
Section 4. Amendment. Section 6-602 is hereby amended by deleting strikethrough words and adding underlined words as follows:
Section 6-602; Area and width of lot
No building or structure or a waterfront facility other than a boathouse shall be erected or altered on a lot having an area less than three acres or width of less than two hundred feet, not withstanding any other provision of these regulations, without permission of the Zoning Board of Appeals. The lot area for a lot in the “B” Residential District shall be one and one-half acres (65,340 square feet). The lot width for a lot in “B” Residential District shall be one hundred fifty (150) feet.
Section 5. Amendment. Section 6-604 is hereby amended by deleting strikethrough words and adding underlined words as follows:
Section 5-504; Depth of lot
No building or structure or a waterfront facility other than a boathouse shall be erected or altered on a lot having a depth off less than two-hundred feet, not withstanding any other provision of these regulations, without permission of the Zoning Board of Appeals. The lot depth for a lot in the “B” Residential District shall be two hundred (200) feet.
Section 6. Amendment. Section 9-900(3) is hereby amended by deleting strikethrough words and adding underlined words as follows:
- Non-conformity other than use.
A building and structure that is conforming in use but does not conform to the height, yard, or area, or other dimensional requirements shall not be considered to be nonconforming within the meaning of paragraphs 1 and 2 of this section. A building or structure that is conforming in use, but is nonconforming as to the height, yard, area or other dimensional regulations may be reconstructed, structurally altered, restored, repaired, in whole or in part, except that the degree of nonconformity shall not be increased. No permit shall be issued, however, that will result in the expansion of the area on the ground floor area, lot coverage or volume of any such nonconformity.
Section 7. Authority. The proposed local law is enacted pursuant to Village Law §§7-700 & 7-708 and Municipal Home Rule Law §§10(1)(i), 10(1)(ii)(a)(11), 10(1)(ii)(a)(12), and 10(1)(ii)(e)(3).
Section 8. Severability. If any section or subsection, paragraph, clause, phrase, or provision of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole, or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional.
Section 9. Effective Date. This local law shall take effect upon filing with the Secretary of State pursuant to Municipal Home Rule Law.
AND BE IT FURTHER RESOLVED, that the Village Clerk is hereby authorized and directed to refer this local law to the Suffolk County Planning Commission; and
AND BE IT FURTHER RESOLVED, that the Village Clerk is hereby authorized and directed to publish the following Notice of Public Hearing:
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE, that the Board of Trustees of the Village of Dering Harbor hereby directs that a public hearing shall be held at 9:00 a.m. prevailing time on Saturday, April 13, 2019 at the Dering Harbor Village Hall, Locust Point Road, Dering Harbor, New York, to hear any and all persons either for or against a local law entitled: “Local Law amending Articles V, VI and IX of the Zoning Law with respect to nonconforming buildings and structures and nonconforming lots.”
Copies of the proposed law, sponsored by the entire Board of Trustees, are on file in the Village Hall, Tuesday, from 9:00 a.m. to 12:00 noon and Thursday 9:00 a.m. to 12:00 noon, or by appointment, and on the Village’s website.
BY ORDER OF THE BOARD OF TRUSTEES
VILLAGE OF DERING HARBOR, NEW YORK