A.
There shall be a Board of Appeals pursuant to the
provisions of Article 7 of the Village Law.
B.
Alternate members may be appointed by the Mayor for
a term of one year. The Chairperson of the Board may from time to
time designate an alternate to substitute for a member when such member
is unable to participate on an application. All provisions of state
law relating to eligibility, vacancy in office, removal, compatibility,
training, compensation and attendance shall apply to alternate members.
[Added 11-2-1998 by L.L. No. 5-1998[1]]
[1]
Editor's Note: This local law, adopted pursuant
to Municipal Home Rule Law § 10 and Statute of Local Governments
§ 10, also provided for the supersession of the provisions
of Village Law §§ 7-718 and 7-712 as same relate to
the appointment of members to the Planning Board and Zoning Board
of Appeals, respectively.
The Board of Appeals shall have all of the powers
and duties prescribed by law and by this chapter, which are more particularly
specified as follows, provided that none of the following provisions
shall be deemed to limit any power of said Board that is conferred
by law.
A.
On appeal from an order, requirement, decision or
determination made by an administrative official or on request by
any official, board or agency of the Village, to decide any of the
following questions:
B.
On application and after public notice and hearing,
to authorize the issuance by the Building Inspector of special permits
for any of the uses for which this chapter requires, in the district
in which such use is proposed to be located, and the granting of such
permits by the Board of Appeals.
(1)
In authorizing the issuance of a special permit, the
Board shall take into consideration the public health, safety and
welfare and shall prescribe appropriate conditions and safeguards
to ensure the accomplishment of the following objectives:
(a)
That all proposed structures, equipment or material
shall be readily accessible for fire and police protection.
(b)
That the proposed use shall be of such location,
size and character that, in general, it will be in harmony with the
appropriate and orderly development of the district in which it is
proposed to be situated and will not be detrimental to the orderly
development of adjacent properties in accordance with the zoning classification
of such properties.
(c)
The location and size of such use, the nature
and intensity of operations involved in or conducted in connection
therewith, its site layout and its relation to access streets shall
be such that both pedestrian and vehicular traffic to and from the
use and the assembly of persons in connection there with will not
be hazardous or inconvenient to or incongruous with said residential
district or conflict with the normal traffic of the neighborhood.
(d)
The location and height of buildings, the location,
nature and height of walls and fences and the nature and extent of
landscaping on the site shall be such that the use will not hinder
or discourage the appropriate development and use of adjacent land
and buildings or impair the value thereof.
(2)
In authorizing the issuance of a special permit, it
shall be the duty of the Board to attach such conditions and safeguards
as may be required in order that the result of its action may, to
the maximum extent possible, further the general objectives of this
chapter.
(3)
The Board may require that special permits be periodically
renewed. Such renewal shall be granted following due public notice
and hearing and may be withheld only upon a determination by the Building
Inspector to the effect that such conditions as may have been prescribed
by the Board in conjunction with the issuance of the original permit
have not been or are being no longer complied with. In such cases,
a period of 60 days shall be granted to the applicant for full compliance
prior to the revocation of said permit. Any use for which a special
permit may be granted shall be deemed to be a conforming use in the
district in which such use is located, provided that:
(4)
If in a particular case the Board of Appeals, upon
application after public notice and hearing, finds that by reason
of greater lot frontages or areas or side yard widths or less percentage
of lot coverage by building area is specified by this chapter and
the building standards[1] or by reason of the provision of public or common open
space as a part of the development or especially skillful lot arrangement
and site design, the development is not inappropriate to its location
in the context of the surrounding development, the Board of Appeals,
after receiving a recommendation from the Board of Review, may vary
the minimum livable floor area requirements set forth in this chapter,
which variance shall be in harmony with the character of the neighborhood,
but in no event shall such minimum livable ground floor area be reduced
by more than 10%.
[Added 4-1-1975 by L.L. No. 1-1975;
amended 8-4-1986 by L.L. No. 7-1986]
C.
Variances.
[Amended 8-4-1986 by L.L. No. 7-1986]
(1)
The Board of Appeals shall have the power by way of original jurisdiction and in passing on appeals where there are practical difficulties or unnecessary hardships in the way of the carrying out of the strict letter of this chapter and Chapter 12, Building Inspector; Chapter 47, Assemblies, Mass; Chapter 55, Building Construction and Fire Prevention, Art. I; Chapter 74, Fences, Walls and Berms; Chapter 85, Flood Damage Prevention; Chapter 128, Poles, Towers and Antennas; and Chapter 137, Signs, subject to terms and conditions to be fixed by the Board; provided, however, that no such variance shall be granted unless the Board finds that:
(a)
Strict application of the chapters would cause
practical difficulties or unnecessary hardships.
(b)
Such variance is the minimum variance that will
relieve such practical difficulties or unnecessary hardships.
(c)
Such variance is in the spirit of the general
purposes and intent of this chapter.
(d)
Such variance is so designed as to provide reasonable
consideration to, among other things, the character of the neighborhood
or district, the conservation of property values in the vicinity and
the guidance of building development in accordance with the Master
Plan.
(e)
Such variance does not involve substantial detriment
to the public welfare nor substantially impair the intent and purpose
of the Zone Plan and of this chapter.
(2)
The needs or desires of a particular owner or tenant
or of a particular prospective owner or tenant shall not, either alone
or in conjunction with other factors, afford any basis for the granting
of a variance. The fact that the improvements already existing at
the time of the application are old, obsolete, outmoded or in disrepair
or the fact that the property is then unimproved shall not be deemed
to make the plight of the property unique or contribute thereto.
(3)
Where the Board finds the zoning classification of
a particular property to be conducive to the deprivation of the reasonable
use of the land or building by the owner thereof and where the Board
deems the same condition to apply generally to other land or buildings
in the same neighborhood or district, said Board may call this condition
to the attention of the Planning Board.
(4)
In all cases where the Board of Appeals grants a variance
from the strict application of the requirements of this chapter, it
shall be the duty of such Board to attach conditions and safeguards
as may be required in order that the result of its action may be as
nearly as possible in accordance with the spirit and intent of this
chapter.
The powers and duties of the Board of Appeals
shall be exercised in accordance with the following procedure:
A.
The Board of Appeals shall not grant any appeal for
a variance or issue any special or temporary permit without first
holding a public hearing, notice of which hearing and of the substance
of the appeal or application shall be given by publication in the
official newspaper of the Village at least 10 days before the date
of such hearing.
(1)
In addition to such published notice, the Board of
Appeals shall cause notice to be given of the substance of every appeal
for a variance and of every application for a special permit, together
with notice of the hearing thereon, by causing notices thereof to
be mailed by postal card or other means, at least 10 days before the
date of said hearing, to the owners of all property abutting that
held by the applicant in the immediate area (whether or not involved
in such appeal or application) and all other owners within 200 feet,
or such additional distance as the Board of Appeals may deem advisable,
from the exterior boundaries of the land involved in such appeal or
application, as the names of said owners appear on the last completed
assessment roll of the Village.
(2)
Any or all notices required by this section shall
be issued by the office of the Village Clerk on order of the Board
of Appeals or upon order of the Chairman of said Board if the appeal
or application is received when the Board is not in session and the
Chairman deems it necessary or desirable to expedite the public hearing
on such appeal or application.
(3)
Provided that due notice shall have been published
as above provided and that there shall have been substantial compliance
with the remaining provisions of the section, the failure to give
notice in exact conformance herewith shall not be deemed to invalidate
action taken by the Board of Appeals in connection with the granting
of any appeal, variance or issuance of any special or temporary permit
pursuant thereto.
B.
An appeal requesting a variance or an application
for a special permit shall be referred to the Suffolk County Planning
Commission when required by the Suffolk County Charter or other applicable
law. (See §§ 239-l and 239-m of Article 12-B of the
General Municipal Law.)
C.
At least 10 days before the date of any public hearing,
the Secretary of the Board of Appeals shall transmit to the Secretary
of the Planning Board a copy of any appeal or application, together
with a copy of the notice of such hearing. The Planning Board may
submit to the Board of Appeals an advisory opinion on said appeal
or application at any time prior to the rendering of a decision.
D.
Unless work is commenced and diligently prosecuted
within one year of the date of the granting of a variance or special
permit, such variance or special permit shall become null and void.
E.
All appeals and applications made to the Board of
Appeals shall be in writing on forms prescribed by the Board and shall
be accompanied by a fee of $200, which in no event shall be refundable,
and which said fee may be changed from time to time by resolution
of the Board of Trustees.
[Amended 5-24-1982 by L.L. No. 7-1982; 5-6-1985 by L.L. No. 4-1985; 6-5-1990 by L.L. No. 2-1990]
F.
Each appeal or application shall fully set forth the
circumstances of the case. Each application for a special permit shall
be accompanied by a proposed plan showing the size and location of
the lot, a site plan showing the location of all buildings and proposed
facilities, including access drives, parking areas and landscaping
and all streets within 200 feet. Every appeal or application shall
refer to the specific provision of the ordinance involved and shall
exactly set forth, as the case may be, the interpretation that is
claimed, the details of the variance that is applied for and the grounds
on which it is claimed that the same should be granted or the use
for which the special permit is sought.
G.
Every decision of the Board of Appeals shall be recorded
in accordance with standard forms adopted by the Board and shall fully
set forth the circumstances of the case and shall contain a full record
of the findings on which the decision is based. Every decision of
the Board shall be by resolution, and each such resolution shall be
filed by case number under one of the following headings: "Interpretation,"
"Special Permits" or "Variances," together with all documents pertaining
thereto. The Board of Appeals shall notify the Building Inspector
and each member of the Board of Trustees and the Chairman of the Planning
Board of the Village of North Haven.
