A Board of Appeals is hereby established in
accordance with the provisions of the Village Law applicable thereto.
[Amended 11-10-1989 by L.L. No. 14-1989; 2-8-1999 by L.L. No. 2-1999]
A.Â
The Board of Appeals shall consist of five members
appointed by the Board of Trustees, each to serve for a term of five
years, with one member's term to expire on May 31 each year.
B.Â
The Chairman of the Zoning Board of Appeals shall
be appointed by the Board of Trustees for a period of one year with
the term to expire on May 31 of each year.
C.Â
It is the intention of this Board, pursuant to Municipal
Home Rule law § 10, Subdivision 1(ii)e(3), and Municipal
Home Rule Law § 22, Subdivision 2, to supersede the provisions
of § 7-712 of the Village law that are in conflict or inconsistent
with this section.
[Amended 8-10-1990 by L.L. No. 17-1990]
A.Â
The Board of Appeals shall, consistent with the Village
Law, determine its own rules and procedure, and all its deliberations,
resolutions and orders shall be in accordance therewith. All of its
meetings shall, however, be public.
B.Â
The Board shall fix a time and place for a public
hearing thereon and shall provide for the giving of notice at least
10 days prior to the date thereof as follows:
(1)Â
By publishing a notice in the official newspaper;
and
(2)Â
The applicant shall mail written notice of the date,
time and place of the hearing, together with a copy of the application
and survey, if any, by either certified or registered mail, return
receipt requested, to every property owner, as shown on the current
Village of Westhampton Beach assessment rolls, within the area immediately
adjacent and directly opposite thereto for a distance of 200 feet
from the perimeter of the property.
[Amended 1-12-2004 by L.L. No. 2-2004]
[Amended 3-10-2003 by L.L. No. 1-2003; 12-8-2003 by L.L. No.
13-2003; 10-12-2004 by L.L. No. 4-2004; 5-9-2005 by L.L. No. 4-2005]
The Board of Appeals shall have the powers granted
to it by the Village Law and shall also have the authority to hear,
review and render a determination with respect to any other matter
submitted to it pursuant to the provisions of the Zoning Code or any
other code granting jurisdiction to the Board of Appeals. Said power
shall also include the power to interpret the provision of any code
as to which it has jurisdiction.
[Amended 10-12-2004 by L.L. No. 4-2004; 9-5-2013 by L.L. No. 6-2013]
The Board of Appeals shall use the standards
set forth in Village Law § 7-712-b in determining whether
to vary or modify the application of any of the regulations or provisions
of this chapter relating to the use, construction, alteration, enlargement,
expansion or extension of buildings, 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. In granting any
variance, the Board of Appeals shall prescribe any conditions that
it deems to be necessary or desirable to reflect and effectuate the
spirit and purpose of this chapter and the other laws of this Village.
In addition, the Board of Appeals may, after public notice and hearing
and subject to appropriate conditions and safeguards, grant a permit
wherever it is provided in this chapter that approval of the Board
of Appeals is required.
[Added 9-5-2013 by L.L.
No. 6-2013]
Any permit or variance granted by the Board of Appeals shall
be valid for a period of two years from the date the permit or variance
is granted. If the permit or variance is not acted upon and all work
required under the permit or variance is not completed within two
years, and unless an extension of the permit or variance is granted
by the Board of Appeals, the permit or variance shall expire. The
Board of Appeals, upon good cause shown in the case of an area or
setback variance, may provide, in a specific case, that said such
variance shall not be limited to two years.
