L. 1939, c. 444, § 1, effective May 12, 1939

For the purpose of promoting the health, safety, morals or the general welfare of the community, the Town Board is hereby empowered by ordinance to regulate and restrict the height, number of stories and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of population and the location and use of buildings, structures and land for trade, industry, residence or other purposes, provided that such regulations shall apply to and affect only such part of a town as is outside the limits of any incorporated village or city, provided, further, that all charges and expenses incurred under this article for zoning and planning shall be a charge upon the taxable property of that part of the Town outside of any incorporated village or city. The Town Board is hereby authorized and empowered to make such appropriation as it may see fit for such charges and expenses; provided, however, that such appropriation shall be the estimated charges and expenses less fees, if any, collected and provided, that the amount so appropriated shall be assessed, levied and collected from the property outside of any incorporated village or city. Such regulations may provide that a Board of Appeals may determine and vary their application in harmony with their general purpose and intent, and in accordance with general or specific rules therein contained.

For any or all of said purposes, the Town Board may divide that part of the Town which is outside the limits of any incorporated village or city into districts of such number, shape and area as may be deemed best suited to carry out the purposes of this Act; and within such districts, it may regulate and restrict the erection, construction, reconstruction, alteration or use of buildings, structures or land. All such regulations shall be uniform for each class or kind of buildings, throughout such district, but the regulations in one district may differ from those in other districts.

Such regulations shall be made in accordance with a comprehensive plan and designed to lessen congestion in the streets, to secure safety from fire, flood, panic and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. Such regulations shall be made with reasonable consideration, among other things, as to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout such municipality.

The Town Board shall provide for the manner in which such regulations and restrictions and the boundaries of such districts shall be determined, established and enforced, and from time to time amended, supplemented or changed. However, no such regulation, restrictions or boundary shall become effective until after a public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard. At least 10 days' notice of the time and place of such hearing shall be published in a paper of general circulation in such town, and a written notice of any proposed change or amendment affecting property within the protectively zoned area of a housing project authorized under the Public Housing Law, as such area is shown on an approved zoning map filed with the Town officer charged with enforcement of zoning regulations, or property within 500 feet of the boundaries of any city, village, town, county, state park or parkways, shall be given, in the case of a housing project, to the housing authority erecting or owning the project and to the government providing financial aid or assistance thereto, in the case of any state park or parkway, to the regional State Park Commission having jurisdiction over such state park or parkway, in the case of a city, village or town, to the Clerk of such city, village or town, and in the case of a county, to the Clerk of the Board of Supervisors or other person performing like duties, at least 10 days prior to the date of such public hearing. Such city, village, town or county shall have the right to appear and to be heard at such public hearing with respect to any such proposed change or amendment, but shall not have the right of review by a court as hereinafter provided.

Every zoning ordinance and every amendment to a zoning ordinance (including any map incorporated therein) adopted pursuant to the provisions of this chapter shall be entered in the minutes of the Town Board, and a copy thereof (exclusive of any map incorporated therein) shall be published once in a newspaper published in the Town, if any, or in such newspaper published in the county in which such town may be located having a circulation in such town, as the Town Board may designate, and a copy of such ordinance or amendment, together with a copy of any map incorporated therein, shall be posted on the signboard maintained by the Town Clerk pursuant to Subdivision 6 of § 30 of this chapter, and affidavits of the publication and posting thereof shall be filed with the Town Clerk. Such ordinance shall take effect 10 days after such publication and posting, but such ordinance or amendment shall take effect from the date of its service as against a person served personally with a copy thereof, certified by the Town Clerk under the corporate seal of the Town, and showing the date of its passage and entry in the minutes.

Such regulations, restrictions and boundaries may from time to time be amended, supplemented, changed, modified or repealed by ordinance. In case, however, of a protest against such change signed by the owners of 20% or more, either of the area of the land included in such proposed change, or of that immediately adjacent extending 100 feet therefrom, or of that directly opposite thereto, extending 100 feet from the street frontage of such opposite land, such amendment shall not become effective except by the favorable vote of at least four members of the Town Board. The provisions of the previous section relative to public hearings and official notice shall apply equally to all changes or amendments.

Changes, amendments or supplements made to any zoning ordinance (including any map incorporated therein) adopted pursuant to the provisions of this chapter shall be entered in the minutes of the Town Board, and a copy thereof (exclusive of any map incorporated therein) shall be published once in a newspaper published in the Town, if any, or in such newspaper published in the county in which such town may be located having a circulation in such town, as the Town Board may designate, and a copy of such ordinance or amendment, together with a copy of any map incorporated therein, shall be posted on the signboard maintained by the Town Clerk pursuant to Subdivision 6 of § 30 of this chapter, and affidavits of the publication and posting thereof shall be filed with the Town Clerk. Such ordinance shall take effect 10 days after such publication and posting, but such ordinance shall take effect from the date of its service as against a person served personally with a copy thereof, certified by the Town Clerk under the corporate seal of the Town, and showing the date of its passage and entry in the minutes.

1. Notwithstanding any inconsistent provision of this chapter or of any general, special or local law, the provisions of a zoning ordinance hereafter adopted, and the provisions of a change or amendment hereafter adopted to a zoning ordinance, which provisions establish or increase lot areas, lot dimensions which are greater than or in excess of the lot areas or lot dimensions of the lots shown and delineated on a subdivision plat of land into lots for residential use and which said subdivision plat also shows and delineates one or more new streets, roads or highways in addition to lot lines and dimensions of the lots thereon delineated and which said subdivision plat has been duly approved by the Planning Board, if any, of the Town in which the land shown on said plat is situate, or approved by such other board or officer, if any, of such town vested with authority to approve subdivision plats, and duly filed in the office of the recording officers of the county in which the land shown on said subdivision plat is situate, or which provisions establish or increase side, rear or front yard or setback requirements in excess of those applicable to building plots under the provision of the zoning ordinance, if any, in force and effect at the time of the filing of said subdivision plat, shall not, for the period of time prescribed in Subdivision 2 of this section, be applicable to or in any way affect any of the lots shown and delineated on such subdivision plat.

2. If at the time of the filing of the subdivision plat referred to in Subdivision 1 of this section there were in the Town both a zoning ordinance and a Planning Board vested with authority to approve subdivision plats, then the exemption provided for in such subdivision shall apply for a period of three years after the filing of the subdivision plat. If at the time of the filing of the subdivision plat referred to in Subdivision 1 of this section there was a zoning ordinance in effect in the Town but there was no Planning Board in said town vested with authority to approve subdivision plats, then the exemption provided for in such subdivision shall apply for a period of two years after the filing of the subdivision plat. If at the time of the filing of the subdivision plat referred to in Subdivision 1 of this section there was no zoning ordinance in the Town but there was a Planning Board vested with authority to approve subdivision plats, then the exemption provided for in such subdivision shall apply for a period of two years after the filing of the subdivision plat. If at the time of the filing of the subdivision plat referred to in Subdivision 1 of this section there was no zoning ordinance in the Town and no Planning Board vested with authority to approve subdivision plats, then the exemption provided for in such subdivision shall apply for a period of one year after the filing of said subdivision plat.

In order to avail itself of the powers conferred by this article, such Town Board shall appoint a commission to be known as the Zoning Commission to recommend the boundaries of the various original districts and appropriate regulations to be enforced therein. Such Commission shall make a preliminary report and hold public hearings thereon before submitting its final report, and such Town Board shall not hold its public hearing or take action until it has received the final report of such Commission. Where a Plan Commission already exists, it may be appointed as the Zoning Commission.

1. Such Town Board shall appoint a Board of Appeals consisting of five members, shall designate its Chairman and may also provide for compensation to be paid to said members, experts, clerks and a secretary and provide for such other expenses as may be necessary and proper, not exceeding in all the appropriations that may be made by the Town Board for such Board of Appeals. No person who is a member of the Town Board shall be eligible for membership on such Board of Appeals. Of the members of the Board first appointed, one shall hold office for the term of one year, one for the term of two years, one for the term of three years, one for the term of four years, and one for the term of five years from and after their appointments; provided, however, that such Town Board may, by resolution, increase the number of members of the Board to seven and provide for their compensation, and thereafter such additional members shall be first appointed for terms of two and four years, respectively.

Their successors, including such additional members as may be appointed by the Town Board, shall be appointed for the term of five years from and after the expiration of the terms of their predecessors in office. If a vacancy shall occur otherwise than by expiration of tern, it shall be filled by the Town Board by appointment for the unexpired term. The Town Board shall have the power to remove any member of the Board for cause and after public hearing. All meetings of the Board of Appeals shall be held at the call of the Chairman and at such other times as such Board may determine. Such Chairman, or in his absence the Acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of such Board shall be open to the public. Such 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, and shall also keep records of its examinations and other official actions. Every rule, 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 Town Clerk and shall be a public record.

2. Such Board of Appeals shall hear and decide appeals from and review any order, requirement, decision or determination made by an administrative official charged with the enforcement of any ordinance adopted pursuant to this article. It shall also hear and decide all matters referred to it or upon which it is required to pass under any such ordinance. 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 such administrative official, or to decide in favor of the applicant any matter upon which it is required to pass under any such ordinance or to effect any variation in such ordinance. Such appeal may be taken by any person aggrieved, or by an officer, department, board or bureau of the Town.

3. Such appeal shall be taken within such time as shall be prescribed by the Board of Appeals by general rule, by filing with the officer from whom the appeal is taken and with the Board of Appeals a notice of appeal, specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

4. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Appeals, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay, would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown.

5. (See also Subdivision 5 below.) The Board of Appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it and give public notice thereof by the publication in the official paper of a notice of such hearing, at least five days prior to the date thereof, and shall, at least five days before such hearing, mail notices thereof to the parties, and shall decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney. The Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end shall have all the powers of the officer from whom the appeal is taken. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of such ordinances, the Board of Appeals shall have the power in passing upon appeals to vary or modify the application of any of the regulations or provisions of such ordinance relating to the use, construction or alteration of buildings or structures, or the use of land, so that the spirit of the ordinance shall be observed, public safety and welfare secured and substantial justice done.

5. (See also Subdivision 5 above.) The Board of Appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it and give public notice thereof by the publication in the official paper of a notice of such hearing, at least five days prior to the date thereof, and shall, at least five days before such hearing, mail notices thereof to the parties and to the regional State Park Commission having jurisdiction over any state park or parkway within 500 feet of the property affected by such appeal, and shall decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney. The Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end shall have all the powers of the officers from whom the appeal is taken. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of such ordinances, the Board of Appeals shall have the power in passing upon appeals to vary or modify the application of any of the regulations or provisions of such ordinances relating to the use, construction or alteration of buildings or structures, or the use of land, so that the spirit of the ordinance shall be observed, public safety and welfare secured and substantial justice done.

6. Upon motion initiated by any member and adopted by the unanimous vote of the members present, but not less than a majority of all the members, the Board of Appeals shall review at a rehearing held upon notice given as upon an original hearing any order, decision or determination of the Board not previously reviewed. Upon such rehearing, and provided that it shall then appear that the rights vested prior thereto in persons acting in good faith in reliance upon the order, decision or determination reviewed will not be prejudiced thereby, the Board may, upon the concurring vote of all of the members then present, reverse, modify or annul its original order, decision or determination.

7. Any person or persons, jointly or severally aggrieved by any decision of the Board of Appeals or any officer, department, board or bureau of the Town, may apply to the Supreme Court for relief by a proceeding under Article 78 of the Civil Practice Act. Such proceeding shall be governed by the provisions of Article 78 of the Civil Practice Act, except that it must be instituted as therein provided within 30 days after the filing of a decision in the office of the Town Clerk, the court may take evidence or appoint a referee to take such evidence as it may direct and report the same with his findings of fact and conclusions of law, if it shall appear that testimony is necessary for the proper disposition of the matter, and the court at special term shall itself dispose of the cause on the merits, determining all questions which may be presented for determination under the provisions of § 1296 of said article.

8. Costs shall not be allowed against the Board of Appeals unless it shall appear to the court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from.

9. All issues in any proceeding under this section shall have preference over all other civil actions and proceedings.

10. If, upon the hearing at a special term of the Supreme Court, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.

1. The Town Board may provide by ordinance for the enforcement of this article and of any ordinance or regulation made thereunder. A violation of this article or of such ordinance or regulation is hereby declared to be an offense, punishable by a fine not exceeding $50 or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this article or of such ordinance or regulation shall be deemed misdemeanors, and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation

2. In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is used in violation of this article or of any ordinance or other regulation made under authority conferred thereby, the proper local authorities of the Town, in addition to other remedies, may institute any appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises; and upon the failure or refusal of the proper local officer, board or body of the Town to institute any such appropriate action or proceeding for a period of 10 days after written request by a resident taxpayer of the Town so to proceed, any three taxpayers of the Town residing in the district wherein such violation exists who are jointly or severally aggrieved by such violation may institute such appropriate action or proceeding in like manner as such local officer, board or body of the Town is authorized to do.

Wherever the regulations made under authority of this article require a greater width or size of yards or courts, or require a lower height of building or less number of stories, or require a greater percentage of lot to be left unoccupied or impose other higher standards than are required in any other statute or local ordinance or regulation, the provisions of the regulations made under authority of this article shall govern. Whenever the provisions of any other statute or local ordinance or regulation require a greater width or size of yards or courts, or require a lower height of building or a less number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required by the regulations made under authority of this article, the provisions of such statute or local ordinance or regulation shall govern.

In towns where the Town Boards have already adopted a zoning ordinance, pursuant to the provisions of Chapter 322 of the Laws of 1922 or Chapter 715 of the Laws of 1926, such Boards shall not be required to adopt a new ordinance, and all actions taken and proceedings had by such Town Boards and Boards of Appeal under the provisions of said chapter are hereby ratified and confirmed.

All necessary expenses incurred by any such board in connection with the adoption and enforcement of the zoning ordinance shall be a town charge.

Nassau County Civil Divisions Act being part of Chapter 273 of the Laws of 1939, constituting the Nassau County Civil Divisions Act, as amended.

(a) Notwithstanding the provisions of Article 16 of the Town Law, the Board of Appeals of any town in the County of Nassau appointed pursuant to said article may, upon the adoption of rules so providing, hear and decide appeals and any other matters referred to it by any ordinance adopted pursuant to said Article in accordance with this section.

(b) The Board of Appeals may from time to time by resolution filed in the office of the Town Clerk delegate to any one or more members of such Board the power to conduct any hearing which said Board is authorized to conduct, and such member or members shall have all the powers in the conduct of any such hearing which are granted to such Board by Article 16 of the Town Law and the power to administer oaths and compel the attendance of witnesses in connection therewith, and any hearings so held shall be and be deemed to be a hearing of said Board.

(c) The record of any hearing held pursuant to this section shall be submitted to the Board of Appeals for decision thereon by said Board, as provided in Article 16 of the Town Law.

(d) The Board of Appeals may adopt rules, not inconsistent with this section or with Article 16 of the Town Law, for the reference of appeals and applications to such individual members and the time and place and conduct of such hearings thereby and the submission of the record thereof to said Board for decision as provided in said article.

(e) Any member of a Board of Appeals by whom a hearing has been held as provided herein may submit with and as a part of the record of the hearing thereof a statement of any facts relevant to the subject matter thereof which may be within his personal knowledge.

The following table has been included to serve as a comparison between the former Building Zone numbering and the current numbering.