[HISTORY: Adopted by the Board of Trustees of the Village
of Amityville 12-14-2009 by L.L. No. 7-2009.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law provided that it shall take
effect January 2, 2010, subject to acceptance and filing by the Secretary
of State.
A.
The
Mayor, subject to the approval of the Board of Trustees, shall appoint
a Zoning Board of Appeals consisting of five members, as provided
by the Village Law.
B.
The
Mayor, subject to the approval of the Board of Trustees, shall appoint
from time to time one alternate member for a term of one year to serve
when a member is absent or unable to participate because of a conflict
of interest. The Chairperson of the Zoning Board of Appeals shall
designate the alternate member to substitute for said member, and
such alternate shall have all the powers and responsibilities of a
member of the ZBA while so designated.
A.
The
Zoning Board of Appeals shall have the following powers:
(1)
To authorize a modification of the frontage, front yard, side yard,
rear yard, depth and lot area requirements in the A Residence, BB
Residence, B Residence, C Residence, H Historical, B-1 Retail Business,
B-2 General Business and B-3 Marine Business Districts.
(2)
To authorize a modification of the front yard, side yard and rear
yard in the Industrial District.
(3)
To authorize the mixed use of a building in the H Historical, B-1
Retail Business, B-2 General Business and B-3 Marine Business Districts
for one- or two-family dwellings and for business purposes.
(4)
To authorize the erection or alteration of a building used or to
be used in connection with a lawful nonconforming use upon the lot
occupied by such use or building, except that no such permit shall
be granted for uses allowed only in the Industrial District under
this Code.
(5)
To authorize a modification of the frontage, depth and lot area requirements
in order to allow a division of a lot into two or more lots or parcels.
(6)
To authorize the construction or use of an accessory building on
a lot, with or without the erection of the main building required
on such lot.
(7)
To grant an area variance or use variance as authorized by the Village
Law.
(8)
To grant a special exception wherever it is provided in this Code
that such action by the Zoning Board of Appeals is required.
[Amended 1-24-2011 by L.L. No. 1-2011]
(9)
Such other powers as shall specifically be given to the Zoning Board
of Appeals in the Code, or otherwise provided by applicable law.
B.
The power to approve, as granted herein, shall also include the power to impose reasonable stipulations upon the applicant and to modify and approve or to disapprove such application in furtherance of the police power as set forth in § 4-7. It shall also include the power to rescind an approval previously granted for violation of any stipulation imposed in connection therewith. Such rescission shall only take place by majority vote of the Board at a public hearing after written notice of at least 10 days to the applicant or his successor in interest and a determination that one or more stipulations have been violated, and as a result the public health, safety or welfare has been adversely affected.
[Amended 1-24-2011 by L.L. No. 1-2011]
The Zoning Board of Appeals shall make rules as to the manner
of filing appeals or applications for special exceptions or variances
from the terms of this chapter.
[Amended 3-8-2010 by L.L. No. 2-2010; 1-24-2011 by L.L. No. 1-2011]
Upon the filing with the Zoning Board of Appeals of an appeal
or an application for a special exception or variance from the terms
of this Code, the ZBA shall fix the 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 at least
one of the official newspapers.
B.
By
posting a notice thereof in a conspicuous place at the Village Hall
on or before the date of first publication.
C.
By requiring the applicant to mail a notice thereof to every association of residents of the Village that shall have registered its name and address for the purpose with the Zoning Board of Appeals or the Planning Board and to the owners of all property within 200 feet of the subject premises at least 10 days prior to the date of the public hearing by certified mail, return receipt requested, and proof of such mailing must be submitted to the Clerk of the ZBA at least two days before said hearing. For an application for a special exception for a fence (§ 183-139), said notice shall be mailed to the abutting owners only at least 10 days before said hearing by certified mail, return receipt requested, and proof of mailing submitted two days before such hearing.
D.
By
requiring the applicant to erect a white-with-red-lettering sign or
signs measuring not less than 30 inches high and 40 inches wide which
shall be prominently displayed not more than 10 feet from the street
on the premises facing each public street on which the property abuts,
giving notice that an application for a special exception or variance
is pending and the date, time and place where the public hearing will
be held. It shall be displayed for a period of not less than 10 days
immediately preceding the public hearing. The applicant shall file
an affidavit that he has complied with the provisions of this section.
Applicant shall promptly remove such sign after the public hearing.
The notices required by § 4-4 shall be prepared by the Zoning Board of Appeals or its designee, and shall state the location of the building or lot and the general nature of the relief requested.
A.
Upon
the filing of any application or appeal with the Zoning Board of Appeals,
there shall be paid to the Clerk of said Board for the account of
the Village, with each such application or appeal to such Board, such
fee for the following items as shall be established by the Board of
Trustees by resolution:
(1)
An application that affects land in the A, BB or B Residence District.
(2)
An application that affects land in the C Residence District.
(3)
An application that affects land in the B-1, B-2 or B-3 Business
District, the H Historical District, the FH Floating Home or PM Professional-Mixed
Use District.
(4)
An application that affects land in the Industrial District, PAC
Residence District or the SC Senior Citizens Residence District.
(5)
An application that affects more than one plot or is to create more
than one plot in the A, BB or B Residence District.
(6)
An application that is for the erection of a fence.
B.
In
case more than one of the foregoing classifications is applicable,
the classification requiring the greatest fee shall be controlling.
C.
The
fees otherwise established by the Board of Trustees shall be doubled
for every application filed after the construction or the use which
is the subject of the application has been commenced.
D.
Any
applicant who withdraws an application after submission shall be charged
an administrative fee of $50, plus the actual cost of the publication
of any required legal notice, which shall be deducted from the application
fee prior to the refunding thereof.
On all applications to the Zoning Board of Appeals, said Board
shall consider the following in making its determination:
A.
No
application for an area or use variance shall be approved unless the
applicant has demonstrated the necessary requirements set forth in
the Village Law.
B.
No
application for a special exception shall be approved unless the Board
determines that appropriate conditions can be imposed upon the applicant
which will protect the health, safety and welfare of the residents
of the surrounding area.
[Amended 1-24-2011 by L.L. No. 1-2011]
C.
The
Zoning Board of Appeals shall also consider whether the granting of
the special exception or variance applied for will be:
[Amended 1-24-2011 by L.L. No. 1-2011]
(1)
In harmony with the general purpose and intent of the Code.
(2)
In accordance with the comprehensive plan and design set forth in
the Code to lessen congestion in the streets, to secure safety from
fire, panic and other dangers, to provide adequate light and air,
to prevent the overcrowding of land, to avoid undue concentration
of population and to facilitate the adequate provision of transportation,
water, sewage treatment, parks and other public requirements.
(3)
In accordance with reasonable consideration, among other things,
as to the character of the district and its peculiar suitability for
the particular use.
(4)
With a view to conserving the value of buildings and land and encouraging
the most appropriate use of land throughout the municipality.
(5)
With regard to area variances for front yard, side yard, or rear
yard setbacks, or height of a structure, in accordance with the skyplane
relationship between the setback and the height of the structure as
set forth in the skyplane diagram marked as Exhibit A at the end of
this chapter, and a part thereof.
[Amended 3-8-2010 by L.L. No. 2-2010; 1-24-2011 by L.L. No. 1-2011]
A.
Every
variance or special exception granted by the Zoning Board of Appeals
or by a court of competent jurisdiction, pursuant to the provisions
of this chapter, which involves a project for which a building permit
is required, shall be and become null, void and of no further force
or effect unless said building permit is issued within 180 days after
the decision of the ZBA has been filed with the Village Clerk or a
final court decision has been entered.
B.
Every
applicant shall be entitled to one extension of time for an additional
period of 90 days, provided that a written request is made and granted
by a majority vote of the Zoning Board of Appeals and a fee is paid
therefor; said fee to be established by the Board of Trustees by resolution.
C.
In cases covered by this section and pursuant to § 49-4, a building permit shall expire within one year after its issuance, unless extended by the Code Enforcement Officer for up to one six-month period for good cause shown. No further extension shall be given; the applicant's sole recourse shall then be to submit a new application to the ZBA.
D.
Any
variance or special exception granted by the Zoning Board of Appeals
or by a court of competent jurisdiction, pursuant to the provisions
of this chapter, which requires no building permit shall be and become
null, void and of no further force or effect unless, within 180 days
after the decision of the ZBA has been filed with the Village Clerk
or a final court decision has been entered, the use so granted shall
actually have commenced at the premises. One extension shall be granted
for an additional ninety-day period, provided that a written request
is made and granted by a majority of the Board of Appeals and a fee
is paid therefor; said fee to be established by the Board of Trustees
by resolution. No further extensions shall be given; the applicant's
sole recourse shall then be to submit a new application to the ZBA.
[Amended 1-24-2011 by L.L. No. 1-2011]
No parcel or part thereof may be the subject of an application
for a special exception or variance within one year after the Zoning
Board of Appeals has held a public hearing on an application for such
relief, unless such application shall be substantially different from
the previous application, except upon a motion adopted by a majority
of the members of the Zoning Board of Appeals.
