[Amended 8-31-1999 by L.L. No. 3-1999; 12-14-1999 by L.L. No.
4-1999]
The Board of Appeals shall make rules as to
the manner of filing appeals or applications for variances from the
terms of this chapter.
A.
The Board of Appeals, in addition to its powers and
duties specified in the Village Law of the State of New York, shall
have the power, to the extent hereinafter set forth, after public
notice and hearing and subject to appropriate conditions and safeguards,
to determine and vary the application of the regulations herein established
in harmony with the purposes enumerated in said Village Law and the
general intent and purposes of these regulations, as follows:
(1)
To permit a public utility building in any district.
(2)
To permit a municipal building in any district.
(3)
To permit in a residence district a temporary and
conditional use of a plot or tract of land for the business or occupation
of construction and sale of dwellings and the buildings and structures
accessory thereto, and provide, in connection with said permit, regulations
for the conduct of such business and conditions under which construction
and sale of dwellings shall be permitted on the plot or tract for
which said permit is issued.
(a)
Any permit granted under this section shall
be temporary and shall be for a period of not more than five years,
and any application for renewal of such permit shall be acted upon
in the same manner as an initial application.
(b)
No building permit shall be issued for a building
or structure authorized by the Board of Appeals under this subsection
unless the same shall conform to the permit granted by the Board of
Appeals and the conditions specified in connection therewith.
(4)
To permit a modification of the minimum lot street
frontage requirement, provided that the lot has a frontage on either
a public street or a street laid out on the Official Map of the Village.
(5)
To grant variances from the provisions of Article III, § 176-10, where the general character of the land in the immediate vicinity is such that residences have been erected on lots of less than two acres, provided that the area of the lot for which an application for a variance has been made shall not be reduced to an area of less than the area of the lots in the immediate vicinity and in no case shall the area of a lot be less than one acre.
(6)
To grant in underdeveloped sections of the Village
temporary and conditional permits for not more than two years for
structures and uses in contravention of requirements of this chapter.
(7)
To permit in a residence district a club use on premises
comprising not less than 50 acres.
[Amended 4-22-1994 by L.L. No. 8-1994]
(8)
To permit, upon the application of the fee owner, churches for public worship and other strictly religious uses and in accordance with the discipline, rules and usages of the religious corporation which will own, support and maintain such church and of the ecclesiastical governing body, if any, to which such corporation is subject, and primary and secondary schools, and accessory uses on the same lot, and such other nonresidential uses as may not be excluded pursuant to state and federal laws, subject to all the provisions of Article III, § 176-7C, and Article IV, § 176-21C, hereof. The Board of Appeals shall require, before a Certificate of Occupancy for any use is authorized as provided herein, that the applicant file with the Building Inspector certificates of compliance with the regulations of all public boards or agencies having jurisdiction.
[Amended 12-18-2023 by L.L. No. 16-2023]
(9)
To permit any variance specifically provided for in
this chapter.
B.
The Board of Appeals may, in appropriate cases, provide that any permit granted under this section and §§ 176-72 and 176-73 shall be temporary and shall be effective only for the period fixed by the Board and any application for renewal of such permit shall be acted upon in the same manner as an initial application.
C.
On all applications for permits under this section,
the Board of Appeals, in addition to requirements herein, shall give
consideration to the health, safety, morals, convenience and general
welfare of the Village and of its property owners and residents and
shall act in harmony with the general purpose and intent of the chapter
and the applicable provisions of the Village Law.
D.
The determination of the Board of Appeals on all applications
under this section shall be made in accordance with the Comprehensive
Plan and design set forth in this chapter, with the purpose and intent
set forth in the title, subtitle and preamble thereto and in § 177
of the Village Law.[1]
[1]
Editor's Note: See now § 7-704 of
the Village Law.
E.
The Board of Appeals shall not authorize the issuance
of any permit under the provisions of this section unless it finds
that the proposed use of the property or the erection, alteration
or maintenance of the proposed building or structure will not:
(1)
Depreciate or tend to depreciate the value of property
in the Village.
(2)
Create a hazard to health, safety, morals or general
welfare.
(3)
Be detrimental to the neighborhood or the residents
thereof.
(4)
Alter the essential character of the neighborhood.
(5)
Be detrimental to public convenience and welfare.
F.
In considering any application under this section,
the Board shall give consideration to the following:
(1)
Accessibility of the premises for fire and police
protection.
(2)
Access of light and air to the premises and of adjoining
property.
(3)
Traffic problems, transportation requirements and
facilities.
(4)
Parking facilities.
(5)
Hazards from fire.
(6)
The size and type and kind of buildings and structures
in the vicinity where the public is apt to gather in numbers, such
as hospitals, churches, schools and the like.
A.
Club uses.
(1)
Before the Board of Appeals shall authorize the issuance of any permit under § 176-71A(7) of this article, the applicant shall be required to submit with his application a site plan showing the approximate location and uses of the existing buildings, individually or by groups, structures and facilities on the premises, including, without limiting the foregoing, parking areas, sports and recreational areas, driveways and means of water supply; and a statement setting forth all future proposed buildings, structures and facilities and their uses and stating with respect to each of the same the minimum distance which will exist between the same and the nearest boundary line of the premises. No use of the premises or buildings, structures or facilities thereon nor the erection of any alteration or of any building, structure or facility other than as shown on the site plan or described in the statement approved by the Board of Appeals in the granting of a permit shall be made except on application to the Board of Appeals to amend said site plan and statement, and any application for an amendment of said site plan and statement shall be acted upon in the same manner as an original application for a permit under said § 176-71A(7).
(2)
The Board of Appeals, in authorizing the issuance of any permit under § 176-71A(7), may provide (which power shall be in addition to the provisions of § 176-71B) that said permit be temporary and fix the term thereof when the application is to convert premises and existing buildings thereon as shown on the site plan, which at the time of the application were or had been used for residential purposes and accessory uses thereto, to a club use.
C.
Construction and sale of dwellings.
(1)
Before the Board of Appeals shall authorize the issuance of any permit under § 176-71A(3), the owner of the plot or tract of land shall submit a verified application setting forth:
(a)
Full name and address of the applicant.
(b)
If a firm or corporation, full name and residence
of each member of the firm or that of the principal officers of the
corporation, as the case may be.
(c)
Name and address of the architect.
(d)
Name and address of mortgagee, if any.
(e)
Address of the sales office. (If a sales office
is to be on the plot or tract, the applicant shall provide the location
thereof.)
(f)
Number of dwellings intended to be constructed
on the plot or tract for which the permit is requested.
(g)
Distance from public water supply.
(h)
Land and Tax Map description of the plot or
tract.
(i)
Period of time for which permit is requested.
(2)
Accompanying said verified application, which shall
be construed as constituting a part thereof, shall be submitted:
(3)
The Board of Appeals, in authorizing the issuance of any permit under § 176-71A(3), may provide (which shall be in addition to the provisions of this section and §§ 176-71 and 176-73) as a condition of the issuance of such permit:
(a)
If the Board of Appeals finds that public facilities
or public utilities or any of them are inadequate to serve the new
construction or any part at the time when the permit is authorized,
then the construction of the dwellings shall be scheduled at such
time (within the period of the permit) as the public facilities or
public utilities will be available to serve such new construction.
(b)
The dwelling erected on each plot shall be in
accordance with the elevations shown on the architect's drawings and
renderings for the dwelling to be erected on such plot.
(4)
The Board of Appeals, in considering any application made under § 176-71A(3), shall, in addition to the provisions of § 176-71C, give consideration to the exterior treatment of the dwelling or dwellings for which said application is made. The same or similar exterior treatment of a dwelling shall not be repeated for another dwelling within 900 feet thereof on the same street, nor shall the same or similar exterior treatment of a dwelling be repeated on any corner plots of intersecting streets. The words "exterior treatment" as used herein are defined as the distinct variety of treatment, such as fenestration and materials of fenestration, rooflines and materials of weatherproofing, treatment of entrances, entries to garage, orientation of building to plot, exterior colors and materials, cornice treatment, style of architecture, dormers and their roof treatment, the varied uses of trellises, pergolas, sun screens and terraces, the use of cupolas, dovecote, blinds, pitch of roofline and multiple stories.
D.
Notwithstanding any of the other provisions of this chapter, the Board of Appeals, in acting upon any application for a permit under § 176-71A(8), shall observe the following minimum requirements:
(1)
Building area. All buildings, including accessory
buildings, shall not cover more than 15% of the area of the lot.
(2)
Height. The height of any principal building shall
not exceed 50 feet, except church spires and steeples. The height
of any accessory building shall not exceed 35 feet. These provisions
shall not apply to any building in existence on the effective date
of this chapter.
(3)
Yards. Each lot shall have front, side and rear yards
of not less than the depth and width following: front yard depth,
150 feet; side yard width, each one, 50 feet; rear yard depth, 50
feet.
(4)
Parking and recreation areas. Off-street parking on
the lot shall be provided in a paved area or such surface as shall
be approved by the Board of Appeals. The size and location of parking
and recreation areas shall be determined by the Board of Appeals,
taking into consideration the size and location of the building and
the character and use of the premises; provided, however, that no
such area shall be located within 150 feet of any boundary line of
the lot.
(5)
Screen. A screening of evergreens or shrubs shall
be required for every parking area or recreation area.
(6)
Plan. The applicant shall be required to submit with his application for a permit under § 176-71A(8) a site plan showing the detail as provided on applications to the Board of Appeals made pursuant to § 176-71A(7).
(7)
Accessory uses. Accessory uses shall be of the same
character and nature as the use to which the same are accessory.
[Amended 12-17-1991 by L.L. No. 9-1991]
The Board of Appeals may, in appropriate cases, require as a condition of any permit issued under §§ 176-71 and 176-72, for the purpose of establishing reasonable safeguards for the safety, health and welfare of the occupants and users of buildings and their accessory structures, that the applicant and the buildings and their accessory structures on the premises shall comply with the provisions of the Uniform Fire Prevention and Building Code, and may further require that the premises, the subject of the application, shall not be used for the purposes permitted by the Board of Appeals except upon the issuance by the Building Inspector of a certificate of occupancy certifying that the terms and conditions of the permit have been complied with.
The original jurisdiction of the Board of Appeals to determine and vary the application of these regulations as provided in §§ 176-71 through 176-73, upon an appeal from an order, requirements, decision or determination made by an administrative official of the Village, is hereby extended to include, and the Board of Appeals shall have the power to hear and determine, applications for such variances made directly to the Board of Appeals for its action in the first instance, with the exception of applications made pursuant to § 176-71A(3), and such applications are hereby referred to the Board of Appeals.
[Amended 8-19-1975; 7-18-1977; 12-17-1991 by L.L. No. 9-1991; 12-18-2023 by L.L. No. 16-2023]
A.
The Board
of Appeals shall hold a public hearing with respect to any plan submitted
for its approval, at which time, the owner/applicant and all persons
interested shall have an opportunity to be heard. Before the application
will be heard, the applicant must provide notice of the public hearing
to property owners as shown on the latest assessment roll within a
radius of 200 feet of the subject property, in the manner provided
herein, and must file an affidavit as to the mailing of such notices
in accordance with this section with the Village not less than five
days before the public hearing. The notice of public hearing shall
be served to each affected owner identifying the subject property,
enclosing the official Village notice, and the date, time, and place
for the public hearing. The notice of public hearing shall be served
not less than 10 nor more than 20 days before the public hearing by
first-class mail, and by certified mail return receipt requested or
by a nationally recognized courier that can provide proof of delivery.
[Amended 1-23-2024 by L.L. No. 4-2024]
B.
The Village
shall cause a notice of the public hearing to be published in an official
newspaper of the Village at least five days prior to the public hearing.
[Added by L.L. No. 1-1975; amended 10-18-1989 by L.L. No. 7-1989; 12-17-1991 by L.L. No. 8-1991; 12-17-1991 by L.L. No.
9-1991; 3-28-2023 by L.L. No. 1-2023]
A.
Jurisdiction. The Board of Appeals shall have exclusive jurisdiction
of all applications for the construction of a Sports Court, including
additions or alterations thereto as well as variances from the requirements
of this section. For purposes of this section, "alterations" shall
include construction or replacement of a fence used in connection
with a Sports Court or increasing or diminishing the size of a Sports
Court. For purposes of this section, "alterations" shall not include
the resurfacing of an existing Sports Court in which there is no change
to the footprint of the existing Sports Court.
B.
Applications. Applicants for permits to construct or alter a Sports
Court shall supply with their application the following:
(1)
A topographic plot plan signed and sealed by a licensed surveyor
or engineer showing existing structures and the proposed Sports Court,
indicating whether the Sports Court is new or an alteration to an
existing Sports Court and showing all areas and distances between
edges of the Sports Court and the nearest property line.
(2)
A professional land survey, signed and sealed by a licensed land
surveyor.
(3)
A drainage impact notation indicating what effect the construction
will have on existing drainage, including the direction of flow and
the provision for drainage.
C.
Criteria for issuance of approval. The Board of Appeals, in considering
an application for a Sports Court, shall not grant the application
unless it finds, in each instance, that the Sports Court will:
(1)
Not adversely affect the public health, safety, and general welfare
of the Village and its residents.
(2)
Not depreciate the value of properties adjoining the parcel on which
the Sports Court is constructed.
(3)
Not alter the character of the neighborhood.
(4)
Be used solely for the use of the property owner, their family, and
guests.
(5)
Not interfere with the use and enjoyment of the adjoining properties
by the owners or occupants thereof.
D.
Notice and Stakeout. In addition to the requirements of § 176-75 of this chapter, the Applicant shall also stake out the proposed Sports Court at least 10 days before the public hearing.
[Amended 12-18-2023 by L.L. No. 16-2023]
E.
Yards and setbacks. Sports Courts shall be constructed only in the
rear yard of a dwelling and, any other setback requirements of other
ordinances notwithstanding, shall not be located closer than 25 feet
to the nearest side property line or rear property line.
F.
Fences and enclosures.
(1)
Every Sports Court shall be enclosed by a fence of a design approved
by the Board of Appeals and by the Building Inspector.
(2)
Notwithstanding any other applicable provisions of the Village, such
fence shall not be less than four feet and not more than 10 feet in
height, subject to site plan approval of the Board of Appeals.
(3)
Covers or enclosures over a Sports Court are prohibited.
G.
Landscaping. All Sports Courts shall be completely screened from
adjoining properties by a living screen of coniferous trees. Said
trees shall be of a height when planted of not less than six feet
and shall be planted five feet on centers and not more than 10 feet
away from the fence surrounding the Sports Court, on all sides of
the Sports Court. The Board of Appeals may consider exempting one
side of the Sports Court from landscaping requirements, provided that
the house is in such a position as to provide adequate screening for
visual and noise reduction purposes as otherwise required by this
chapter. Said coniferous screening shall consist of Canadian hemlock
(or an alternate growth of nondeciduous stock providing required screening
as approved by the Board of Appeals) and shall be maintained so long
as the Sport Court remains in existence.
H.
Grade; drainage.
(1)
The height of the playing surface of the Sports Court shall not be
above the existing mean level of the ground immediately surrounding
the Sport Court area prior to construction of the Sports Court, except
to permit usual surface drainage.
(2)
No Sports Court shall be so constructed or maintained as to permit
any drainage water to flow onto adjoining properties.
J.
Fees. The application fee for a Sports Court shall be as established from time to time by the Village Board and as provided in Chapter 82, Fees and Deposits, which fee shall be in addition to the building permit fee.
[Amended 12-18-2023 by L.L. No. 16-2023]
K.
Penalties for offenses.
(1)
Unless otherwise specified in this Chapter, any Person violating any of the provisions of this section, shall, upon conviction thereof, be subject to a fine as outlined in Chapter 82, Fees and Deposits, of the Code.
(2)
If the violation is of a continuing nature, each hour during which
any of these offenses occurs shall constitute an additional, separate,
and distinct offense.
(3)
In addition to any other remedy provided by law, the Village Board
may commence an action to enjoin violations of this section.
[Amended 12-18-2023 by L.L. No. 16-2023]
[Added 11-21-1983 by L.L. No. 4-1983]
No person shall cause, suffer or permit the
erection and/or maintenance of any parabolic disk or other similar
antenna or device in excess of three feet in diameter, the purpose
of which is to receive television, radio and/or microwave or other
electrical signals from space satellites, except as set forth herein:
A.
Any such antenna shall be confined to the rear yard
of any parcel of realty.
B.
The Board of Appeals of the Village of Sands Point
is hereby empowered to designate the exact location of the device
to be installed or maintained and to require any screening or other
procedure in order to reduce or eliminate aesthetic damage to the
community which may result from said installation or maintenance.
C.
No such installation shall be permitted or continued
except by permit from the Building Inspector after review by the Board
of Appeals.
D.
No such device shall be installed on or above any
building or structure but shall be freestanding.
E.
Without limiting any other powers of the Board of Appeals, the provisions of Subsections B, C, F, K and L of § 176-76 of this chapter shall apply equally and in full force and effect to this section. Wherever in those subsections the term "Sport Court" is used, there shall be considered as substituted the structural description herein employed.
[Amended 3-28-2023 by L.L. No. 1-2023]
F.
Any permit granted under this section shall be temporary
and shall be for a period of not more than two years, and any application
for renewal of any such permit shall be acted upon in the same manner
as an initial application.
