[Amended 7-1-1929; 9-9-1931; 1-17-1946]
[Amended 1-19-2023 by L.L. No. 1-2023]
A.
A Board
of Appeals shall be appointed by the Board of Trustees of the Village
of Kings Point pursuant to the Village Law of the State of New York.
Said Board shall consist of five members. They shall be appointed
for the terms provided in said Village Law. Said Board shall make
rules as to the manner of filing appeals or applications for variances
from the terms of this chapter.
B.
The Board
of Trustees may appoint not more than three residents of the Village
as alternate members of the Board of Appeals.
(1)
The
terms of office of each of said members shall be two official years.
If an appointment is made during an official year, such term shall
end at the end of the following official year.
(2)
The
chairperson of the Board of Appeals may designate an alternate member
to substitute for a member when such member is unable to attend a
meeting or to participate in an application because of a conflict
of interest or otherwise.
(3)
When
so designated, the alternate member shall possess all the powers and
responsibilities of such member.
(4)
Such
designation shall be entered into the minutes of the initial meeting
at which the substitution is made.
A.
Said Board of Appeals shall have the powers and duties
set forth in said Village Law of the State of New York.
B.
Without limiting any of its powers and duties as set
forth in said Village Law, the Board of Appeals is authorized in appropriate
cases after public notice and hearing and subject to appropriate conditions
and safeguards and in harmony with the general purpose and intent
of this chapter to:
(1)
Grant a permit whenever it is provided in this chapter
that the approval of the Board of Appeals is required.
(2)
Vary the application of the regulations herein established
and establish appropriate requirements for lots less than the required
area, in any district, existing at the effective date of this chapter,
lots of exceptional topography, lots bordering upon the shoreline
of the Village or lots of irregular shape having small frontage on
any street and, in cases embraced within this subsection, the Board
may determine for the purposes of this chapter, which of the open
spaces shall be considered as the front yard, the side yards and the
rear yard and, with respect to lots bordering upon the shoreline,
the mean high-water line shall, for such purposes, be considered to
be the property line of the lot.
(3)
Grant temporary and conditional permits of limited
duration for nonconforming uses and buildings in undeveloped sections.
A.
Except as provided in Subsection B hereof, every variance or conditional use or special exception permit granted by any Village board shall become null, void, and of no further force and effect unless:
[Amended 2-10-2014 by L.L. No. 2-2014]
(1)
Substantial construction of the building or other
structure or alteration thereof has taken place in accordance with
the plans upon which such variance or permit was based within three
years after the meeting in which said variance or permit is granted.
[Amended 10-22-2020 by L.L. No. 10-2020]
(2)
If said variance or permit is not based upon any construction
or alteration, the use so granted shall have been actually commenced
upon the premises that was the subject of such variance or permit
within one year after the meeting in which said variance or permit
is granted.
(3)
If said variance relates to the size, frontage, width,
or depth of a building lot for a parcel that had been a legal preexisting
nonconforming building lot upon which a single-family detached dwelling
had been in use within the previous five years, a new single-family
detached dwelling is substantially constructed upon such building
lot within five years after the decision granting said variance is
filed in the office of the Clerk of the Village.
B.
Any such Village board, for good cause shown, or upon
a showing of no change in law or facts upon which such board would
then come to a different conclusion with regard to the subject application,
may extend the time within which such substantial construction, alteration,
or commencement of use must take place with respect to a variance
or use permit granted by it, upon written application to it for such
extension. In no event, however, shall the board grant an extension
for more than three years beyond the original period hereinabove provided.
In determining whether good cause exists for such extension, the Board
shall consider, among other things, the nature and extent of the construction
and the difficulties tending to delay construction or institution
of the use.
C.
If conditions are imposed by any Village board in the granting of
a variance or conditional use or special exception permit and those
conditions are not completely effectuated within nine months from
the date such board approved such grant, such grant shall be deemed
null, void, and of no further force and effect unless such board,
either at the time of such grant or subsequently thereafter, provides
additional time for the effectuation of such conditions. An application
for an extension of such nine-month period shall be made in writing
to such board, and no notice to the public or public hearing shall
be required in granting an extension.
[Added 4-9-2018 by L.L.
No. 7-2018]
[1]
Editor's Note: This local law also provided
that it shall apply to all variances and use permits granted within
the five-year period immediately prior to its date of adoption.
