[Amended 6-7-2006 by L.L. No. 3-2006]
There is hereby established a Board of Zoning Appeals. Such Board shall consist of five members to be appointed by the Board of Trustees pursuant to § 7-712 of the Village Law to serve for a term of office as set forth in § 15-13 of the Code of the Village of Tuxedo Park. The Board of Trustees shall, by resolution, designate from the members of such Board a Chairman and Deputy Chairman. A quorum shall consist of not less than three members. Any member may be removed by the Mayor for cause after a public hearing.
[Amended 12-21-1990 by L.L. No. 1-1990; 6-7-2006 by L.L. No. 3-2006]
The Board of Appeals shall adopt such general
rules and regulations as it may deem necessary to interpret and carry
into effect the provisions of this chapter and shall, consistent with
the Village Law, determine its own rules and procedures. All meetings
of the Board of Appeals shall be public. A quorum shall consist of
three members. The Board of Appeals shall keep minutes of its proceedings
showing the vote of each member on every question. If a member is
absent or fails to vote, the minutes shall indicate such fact. The
Board shall also keep records of its examinations and other official
actions. Every rule, regulation, every amendment or repeal thereof
and every order, requirement or decision of the Board shall immediately
be filed in the office of the Village Clerk and shall be a public
record. All meetings of the Board shall be held at the call of the
Chairman and at such times as the Board may determine. Such Chairman
or, in his absence, the Deputy Chairman, may administer oaths or compel
the attendance of witnesses. The concurring vote of three members
of the Board shall be necessary to decide in favor of the applicant
any matter upon which said Board is required to pass under this chapter
unless there is specific provision requiring a unanimous vote.
A.
Appeals to the Board of Appeals may be taken by any
person aggrieved (which shall include a purchaser under contract)
or by an officer, department or board of the Village.
B.
Such appeals shall be taken within such time as shall
be prescribed by the Board of Appeals by filing with the officer from
whose decision the appeal is taken and with the Board of Appeals a
notice of appeal specifying the grounds therefor.
C.
The officer from whose decision the appeal is taken
shall forthwith transmit to the Board all papers constituting the
record upon which the action appealed from was taken, together with
a statement of position and representation at all pertinent hearings
held by the Board of Zoning Appeals.
A.
Review. The Board of Appeals shall, pursuant to the
Village Law, hear and decide appeals from and review any orders, requirements,
decisions or determinations made by the Building Inspector or other
officer charged with the enforcement of this chapter, as well as any
other matter requiring its determination pursuant to this chapter.
B.
Variance. Where there are practical difficulties or
unnecessary hardships in the way of carrying out the strict letter
of any of the provisions of this chapter, 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 this chapter relating to
the use, construction or alteration of buildings or structures or
the use of land, so that the spirit of this chapter shall be observed,
public safety and welfare secured and substantial justice done.
C.
Special exceptions. When, in its judgment, the public
convenience and welfare will be substantially served and the appropriate
use of neighboring property will not be injured thereby, the Board
of Appeals may, in a specific case to the extent hereinafter set forth,
after due notice and public hearing and subject to appropriate conditions
and safeguards, determine and vary the application of this chapter
in harmony with its general purpose and intent as follows:
(1)
Grant a permit wherever it is provided in this chapter
that the approval of the Board of Appeals is required.
(2)
Permit the continuance of a nonconforming use or building
upon the lot occupied by such use or building at the time of the adoption
of this chapter.
(3)
Modify the yard requirement in cases where the proposed
building adjoins, on either or both sides, buildings that do not conform
to the minimum setback line or where compliance with the minimum setback
line would cause unnecessary hardships to the owner without any compensating
benefit to the community, provided that each encroachment shall not
extend into the yard more than the building which has the greatest
encroachment on such yard setback.
(4)
Vary the application of the regulations herein established
and establish appropriate requirements for irregular lots or lots
that do not meet the area requirements for the particular district
which so existed at the effective date of this chapter.
(5)
Vary yard restrictions where conformance would cause
unnecessary hardship to the owner without any compensating benefit
to the community.
(6)
Vary the application of the regulations herein established
and modify the requirements hereof in cases of exceptional topography
under such conditions as will safeguard the neighborhood.
(7)
Permit the encroachment of buildings and structures
into the front, rear and side yards, as follows:
(a)
An existing accessory building, the use of which
is converted into a main dwelling.
(b)
Fences, swimming pools, outdoor fireplaces,
trellises, decks, driveways, pergolas, tennis courts, flagpoles, walls,
gates and gate posts.
[Amended 2-21-1990 by L.L. No. 1-1990]
(c)
A main dwelling or accessory building which,
by inadvertence (unintentional mistake), is found when erected to
be in violation of a yard requirement, provided that such violation
or encroachment does not exceed five feet.
(8)
[1]Modify the minimum net floor by not more than 50 square
feet when error in size is caused by unintentional mistake and cannot
be remedied except at considerable expense.
[1]
Editor's Note: Former § 100-48C(8),
regarding the conversion, alteration and use of an accessory building,
was repealed 5-20-1998 by L.L. No. 4-1998. This local law also provided
for the renumbering of former Subsection C(9) and (10) as Subsection
C(8) and (9), respectively.
(9)
Approve the issuance of a permit for the use of a
proposed or existing building for the establishment or expansion of
an educational or religious institution; provided, however, that permit
with respect to both types of institutions may be granted only with
respect to the institutions in existence at the time of the enactment
of this chapter on the following conditions; provided, however, that
under no circumstances shall such institutions be permitted on any
lot or parcel of land or in any structure or building located on such
lot or parcel of land that fronts on Tuxedo Lake, Wee Wah Lake or
Pond No. 3.
[Amended 6-17-1998 by L.L. No. 6-1998; 4-18-2001 by L.L. No.
1-2001]
(a)
Buildings as to which a permit may be granted
shall be of fireproof construction.
(b)
Such institutions shall provide off-street parking
area and reasonable off-site road improvements of such size and character
as in the judgment of the Board of Appeals shall be adequate for the
number of people who may be accommodated in the building and the purpose
for which it may be used.
(c)
Such other reasonable conditions relating to
the location and physical characteristics of such institutions that
Board of Zoning Appeals may deem appropriate under the circumstances
in order to insure the peace and harmony of the surrounding neighborhood,
such as, but not limited to, screening and other inhibitors with regard
to demonstrated off-site impacts due to excessive light and noise.
(d)
Such permit for tax-exempt institutions may
be granted only with respect to the quantity of acreage which is required
exclusively for carrying out the purposes of such variance's use and
subject to such setbacks as may be prescribed by the Board of Zoning
Appeals. In determining the acreage requirements and the setbacks,
the following factors, among others, shall be taken into consideration:
D.
The Board of Appeals may, in appropriate cases, provide
that any permit granted under this section shall be temporary and
shall be effective only for the period fixed by the Board, and any
application or renewal of such permit shall be acted upon in the same
manner as an initial application.
E.
On all applications for permits under this section,
the Board of Appeals, in addition to the requirements hereinbefore
set forth, 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 this chapter and of the applicable provisions of the
Village Law.
F.
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 § 7-704
of the Village Law.
G.
The Board shall not authorize the issuance of any
permit under any of the provisions of this section unless it finds
in each case 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 to the residents
thereof.
(4)
Alter the essential character of the neighborhood.
(5)
Otherwise be detrimental to public convenience and
welfare.
H.
The Board of Appeals may exercise such other powers
or original jurisdiction as are specifically provided for in other
sections of this chapter or as are authorized under the Village Law
of the State of New York.
