[Amended 1-6-1976 by L.L. No. 3-1976; 5-24-1976 by L.L. No. 7-1976; 6-16-1992 by L.L. No. 2-1992]
A.
The Board of Trustees shall provide for the appointment
of a Board of Appeals, consisting of five members, each to be appointed
in accordance with the requirements of the Village Law of the State
of New York.
B.
Ad hoc members.
[Added 9-6-2005 by L.L. No. 7-2005]
(1)
In addition to regular members appointed and serving,
the Village Board of the Village of Lindenhurst shall appoint one
temporary Ad Hoc Member to the Zoning Board of Appeals to serve as
provided herein. Said ad hoc member shall attend meetings of the Board
as required, and the Chairman of the Zoning Board of Appeals shall
designate the ad hoc member as an acting member as necessary when
the absence of regular members of the Board or a conflict of interest
of regular members of the Board would otherwise prevent five members
of the Board from considering any pending matter. Once designated
to serve on a particular matter before the Board, the ad hoc member
shall have the same powers and duties as the regular members of the
Board until that matter is concluded. Any determination by the Board
consisting of an ad hoc member shall have the same weight and be entitled
to the same authority as the act or deed of the regular Zoning Board
of Appeals, and all laws, statutes and regulations shall apply and
be applied with equal force and effect. An ad hoc member appointed
pursuant to this section shall be paid for his services as fixed by
resolution of the Village Board.
(2)
An ad hoc member shall serve a two-year term expiring
at the end of the official year. The Village Board shall have the
power to remove any ad hoc member of the Zoning Board of Appeals for
cause, after a public hearing if one is requested.
(3)
Although the ad hoc member of the Zoning Board of
Appeals is authorized to attend all meetings of the Zoning Board of
Appeals, he shall have no powers to participate in any actions of
the Zoning Board of Appeals except as provided herein.
The Board of Appeals may, in a specific case
after public notice and hearing and subject to appropriate conditions
and safeguards, determine and vary the application of the regulations
herein established in harmony with their general purpose and intent
as follows:
A.
Grant a permit wherever it is provided in this chapter
that the approval of the Board of Appeals is required.[1]
B.
Grant or withhold permission for a special exception.
[Added 6-16-1992 by L.L. No. 2-1992]
C.
Exempt a proposed building, either in whole or in
part, from the front yard requirements. This relief, however shall
be granted only in cases where the proposed building adjoins, on either
or both sides, existing buildings that do not conform to the minimum
setback line.
D.
Grant a permit for any public utility in any district.
E.
Perform such other acts as follows:
[Added 9-17-1973; amended 10-28-1975 by L.L. No. 23-1975; 8-23-1976 by L.L. No. 14-1976; 8-7-1985 by L.L. No. 5-1985]
F.
Grant or withhold permission for a special exception pursuant to the provisions of Chapter 67, Dogs and Other Animals, Article V, Miscellaneous provisions. The Board of Appeals, in granting or withholding permission for a special exception under this section shall:
[Added 7-22-1975 by L.L. No. 17-1975]
(1)
Ascertain to its satisfaction that the harboring,
keeping and maintaining of livestock or wild animals will or will
not be compatible with the use in the district or be detrimental to
or create a nuisance, health hazard or odorous and unsightly condition
in the district.
(2)
Prescribe such conditions, time limits and safeguards
as it deems necessary and appropriate in the circumstances.
(3)
Provide that any permission granted hereunder may
be revocable by it at any time when, in its judgment, the circumstances
and conditions upon which the permission was granted have already
changed or the harboring, keeping and maintaining of such animals
interferes with the safety, comfort, health, welfare and peace of
the residents of the use district or of the Village.
[Added 9-17-1973; amended 6-16-1992 by L.L. No. 2-1992]
On all applications to the Board of Appeals
for permits or special exceptions, in addition to other specific requirements,
the Board shall consider the health, safety, convenience and general
welfare of the Village. The standards to be considered by the Board
of Appeals in making its determination of any matter under this chapter
are whether the granting of the permit, special exception or variance
applied for will be in harmony with the general purpose and intent
of the chapter, in accordance with the comprehensive plan and design
set forth in the chapter, to lessen congestion in the streets, to
secure safety from fire, panic and other dangers, circumstances of
the applicant 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, sewage, off-street
parking, parks and other public requirements; and in accordance with
reasonable consideration, among other things, as to the character
of the district and its peculiar suitability for the particular use;
and with a view to conserving the value of buildings and land and
encouraging the most appropriate use of land throughout the municipality.
The appellate jurisdiction of the Board of Appeals
shall be as stated in the Village Law.
[Amended 6-16-1992 by L.L. No. 2-1992]
The Board of Appeals shall make rules as to
the manner of filing appeals or applications for special exceptions
or variance from the terms of this chapter.
[Amended 5-9-1967; 4-25-1978 by L.L. No. 1-1978; 8-20-1987 by L.L. No. 12-1987; 5-4-1993 by L.L. No. 7-1993; 12-1-2009 by L.L. No. 5-2009]
All applicants, in applying to the Board of
Appeals for a variance due to refusal by the Building Inspector to
issue a permit or for a special exception, shall pay to the Village
of Lindenhurst a filing and advertisement fee established by resolution
of the Village Board of Trustees.
[Amended 6-16-1992 by L.L. No. 2-1992]
Upon the filing with the Board of Appeals of
an appeal or of an application for a permit, special exception or
variance from the terms of this chapter, the Board of Appeals shall
fix a time and place for a public hearing thereon and shall give notice
thereof as follows:
A.
By publishing a notice thereof once a week for two
weeks in a newspaper of general circulation published in the Village.
B.
By mailing a notice thereof to the Village Administrator
Clerk.
C.
By mailing a notice thereof to every association of
residents of the Village which shall have registered its name and
address for this purpose with the Board of Appeals.
D.
By requiring the applicant to erect a notice sign
as described within this chapter.
[Added 10-6-1998 by L.L. No. 3-1998]
E.
By requiring the applicant to mail a notice to the
owners of property within 250 feet of the premises by certified mail,
return receipt requested, in cases where a change of use is contemplated,
or where an area variance is sought for any use other than single-family
residence or two-family residence by permit. Proof of such notification
must be submitted at least two days before the hearing.
[Added 6-20-2000 by L.L. No. 2-2000]
[Amended 6-16-1992 by L.L. No. 2-1992; 10-6-1998 by L.L. No. 3-1998]
A.
Signs notifying the public of hearings to be held
by the Zoning Board of Appeals shall be posted by the applicant. Such
signs shall be provided by the Village at a cost to be determined
by resolution of the Village Board and paid for by the applicant.
The sign shall read as follows:
|
NOTICE
| |
|
APPLICATION HAS BEEN MADE FOR VARIANCE OR SPECIAL
EXCEPTION AS FOLLOWS:
| |
|
A public hearing will be held before the Board
of Appeals of the Village of Lindenhurst on the above application
on the ______ day of ____________, 20____ at ______ (a.m. or p.m.)
at
| |
|
Relief requested
| |
|
Dated: _________________________ 19____
| |
|
Applicant
| |
|
For further information, call the Board of Appeals,
Village of Lindenhurst, at 957-7500.
| |
B.
All signs shall be posted in accordance with the rules
and regulations established by the Village of Lindenhurst Building
Department. Failure to properly post such signs shall be grounds for
the Zoning Board of Appeals to dismiss or postpone any application
before the Board.
[Added 6-26-1972]
The Board of Appeals shall, in authorizing variances,
special exceptions and other permissive uses, impose such conditions
and safeguards as it may deem appropriate, necessary or desirable
to preserve and protect the spirit and objectives of the Building
Zone Ordinances.
The notices required by § 193-164 shall state the location of the building or lot and the general nature of the question involved.
