[Amended 1-21-1974]
There shall be a Board of Appeals as authorized
by the Village Law, consisting of five members appointed by the Board
of Trustees, one of whom shall be appointed Chairman by the Board
of Trustees for a period of three years. The first appointments of
members shall be effective April 1, 1975. The first appointments under
this section shall be for terms so fixed that at least one appointment
will expire at the end of each official year commencing at the end
of the current such year and continuing in succeeding years until
the entire original appointments made pursuant to this section run
out. At the expiration of each original appointment, the succeeding
members shall be appointed for five-year terms. Vacancies shall be
filled for the unexpired term of the member whose place has become
vacant. A Deputy Chairman shall be appointed by the Board of Trustees,
said Deputy Chairman to preside in the absence of the Chairman.
[Added 11-19-2001 by L.L. No. 5-2001]
A.
The Board of Trustees of the Incorporated Village
of Freeport finds it necessary to supersede § 7-712 of the
Village Law, which permits the appointment of alternate members to
the Board of Appeals in cases where a member has a conflict of interest.
This Board finds it necessary to provide for the appointment of alternate
members to such Board, not only in cases of a conflict of interest,
but in situations where a member is absent. We find it to be in the
best interest of the Incorporated Village of Freeport and its residents
to have the full benefit of a five-member Board of Appeals in all
cases where practical.
B.
The Mayor, subject to the approval of the Board of
Trustees, may appoint two alternate members to the Board of Appeals
for purposes of substituting for a member in the event such member
is unable to participate because of a conflict of interest or in the
event of an absence of a member.
C.
The term of the first two appointed members shall
be until the next organization meeting of the Board of Trustees. Subsequently
they shall be appointed for annual terms expiring with the annual
organization meeting of the Board of Trustees.
D.
The Chairperson of the Board of Appeals may designate
a duly authorized alternate member to substitute for a member when
such member is unable to participate due to a conflict of interest
or absence of a member on any matters before the Board. When so designated,
the alternate member shall possess all the powers and responsibilities
of such member of the Board. Such designation shall be entered into
the minutes of the initial Board of Appeals meeting at which the substitution
is made.
The Board of Appeals shall have all the powers
established by the Village Law and this chapter.
[Amended 10-3-1977 by L.L. No. 18-1977; 5-22-1978 by L.L. No. 15-1978]
In addition to the powers and duties specified
in the Village Law, the Board of Appeals, in the cases hereinafter
specified, after due notice and public hearing, may grant permits
modifying or varying the application of the provisions of this chapter,
in harmony with their general purpose and intent, as follows:
A.
Garage space. Permit the enclosed garage space required
of buildings in a Residence Apartment District to be constructed separately
on the same lot instead of as an integral part of the building.
B.
Business B Districts: motors, employees. Permit the
use of single motors of more than two horsepower or, in the aggregate,
of more than eight horsepower and permit more than 10 persons to be
employed in processing or manufacturing in a Business B District.
C.
Business A Districts: motors, employees. Permit the
use of single motors of more than one horsepower or, in the aggregate,
of more than four horsepower and permit more than five persons to
be employed in processing or manufacturing in a Business A District.
D.
Single-family dwellings. Permit the construction of
a single-family dwelling on a lot separately owned at the time of
the adoption of this chapter containing less than 75% of the area
or frontage required by this chapter, or of both area and frontage;
provided that the granting of such permit will authorize an appropriate
improvement of a plot which could not otherwise be appropriately improved.
E.
Use of internal-combustion engines. Permit the use
of power generated by internal-combustion engines in manufacturing
and industrial districts.
F.
Extensions of buildings, uses. Permit the extension
of a building or use into a more highly restricted district immediately
adjacent thereto, but no more than 50 feet beyond the boundary line
of the district in which such building or use is authorized; provided
that the light and air of the more restricted district will not thereby
be impaired.
G.
Encroachments. Permit a proposed building to encroach
upon the front yard setback requirement whenever the proposed building
adjoins on either side of a building which is not in conformity with
the minimum setback line. Such encroachment shall be limited to that
of the building which has the greatest encroachment on the front yard
setback.
H.
Yard, lot modifications. Permit such modifications
of yard or of lot areas or lot widths as may be essential to bring
about appropriate improvements of property where a parcel of land
was separately owned at the time of the adoption of this chapter and
its area is such that it cannot be appropriately improved without
such modifications.
I.
Rear yard setback reduction. Permit on a corner lot
in a Residence AA or Residence A District a reduction of the rear
yard setback requirement to not less than 15 feet.
J.
Use in Business A District. Permit in a Business A
District a use found to be similar in general character to a use specifically
authorized therein.
K.
Parking locations. Permit the parking spaces provided
for by this chapter for nonresidential use to be located elsewhere
than as required, provided that such other location is no more than
500 feet distant from the location as set forth in the chapter.
L.
Waiver of parking requirements. Dispense with the
requirement to provide the parking spaces:
(1)
When the property is unimproved or occupied by a residential
use and is to be improved by a nonresidential use and lies within
a zoned Business A or Business B District and is within 200 feet of
a public parking field, provided that in addition to the finding required
of the Zoning Board of Appeals to grant a permit, modification or
variance, there shall be a finding that the public parking field has
sufficient unused facilities to accommodate the reasonable and anticipated
parking requirements of the contemplated improvement, and that the
contemplated improvement shall have practical access to the public
parking field by means of legal public streets and ways contiguous
to the property.
[Amended 11-2-1975 by L.L. No. 10-1975]
(2)
When the property lies south of the Long Island Railroad
tracks and east of South Main Street and is presently unimproved or
improved with a residential use and is to be improved with a nonresidential
use and lies within a zoned manufacturing or industrial district and
is within a radius of 500 feet of a public parking field; provided
that in addition to the finding required of the Zoning Board of Appeals
to grant a permit, modification or variance, there shall be a finding
that the public parking field has sufficient unused facilities to
accommodate the reasonable and anticipated parking requirements of
the contemplated improvement, and that the contemplated improvement
shall have practical access to the public parking field by means of
legal streets and ways contiguous to the property.
[Amended 11-24-1975 by L.L. No. 10-1975]
M.
Open-air parking. Permit the operation of open-air
parking lots for more than five motor vehicles or motorless trailers
in Business B Manufacturing and Industrial Districts.
N.
Parking lots. Parking permits for the establishment
or maintenance of a parking lot subject to the following conditions
and limitations:
[Added 4-11-1983 by L.L. No. 6-1983[1]]
(1)
No parking field shall be authorized hereunder except
when necessary for the safety, health or welfare of the public or
to relieve congested traffic conditions.
(2)
The Board shall consider the following factors:
(a)
Location of the proposed parking lot and its
proximity to main arteries or collector streets.
(b)
The zoning district in which the proposed lot
is to be situated.
(c)
The compatibility of the proposed lot with the
surrounding neighborhood.
(d)
The likelihood that the proposed parking lot
will draw additional traffic through residential streets and the overall
effect of the proposed lot on traffic.
(e)
Whether the proposed lot will cause noise, exhaust
fumes or litter to be a hazard to pedestrians, maintain adequate lighting,
have proper drainage, appropriate landscaping and proper paving or
whether the proposed lot will be an attractive nuisance.
(f)
The location of the proposed curb cuts, entrances
and exits as the same relate to traffic safety.
(g)
Proximity of the proposed lot to public parks,
playgrounds, apartment buildings or other multiple dwellings and pedestrian
walkways.
(h)
Whether the proposed lot would adversely affect
the property values of adjacent properties.
(i)
The proximity of the proposed lot from the primary
use.
(3)
The Board may grant the parking lot permit under this
section upon specific conditions. In the event that such conditions
are breached by the permit holder, the Board of Appeals is hereby
authorized to conduct a public hearing for violation of this section
upon application by the Village Clerk at the direction of the Mayor
and Board of Trustees. At such hearing, the Board should consider
whether or not such breach of the conditions contained in such permit
is material and substantial. In the event that such breach is material
and substantial, the Board of Appeals shall revoke the parking lot
permit.
[1]
Editor's Note: This local law also provided
for the relettering of former Subsection N as Subsection O.
O.
Enclosures. Permit the construction of a stone, concrete,
masonry or brick enclosure or wall in Residence AA, Residence A or
Residence Apartment Districts.
P.
Floodplain management requirements. In those cases where an applicant for a building permit to replace or build a building or structure or part thereof situated in a designated floodplain area is denied the same upon the grounds of the applicant's inability to meet the literal floodplain management requirements contained in Chapter 87, Flood Damage Prevention, of the Code of the laws, rules and regulations of the Federal Emergency Management Agency (FEMA), the Board of Appeals, upon appeal by the applicant, shall have the right to review said denial and to grant relief from compliance with the literal application of said requirements, provided that the construction plans submitted by the applicant with the permit application are in substantial compliance therewith. Nothing in this section shall be construed to abrogate or repeal the laws, rules and regulations applicable to nonconforming uses, buildings or structures under this chapter.
[Added 9-26-1988 by L.L. No. 7-1988;
amended 1-24-1994 by L.L. No. 2-1994]
[Amended 4-29-1968; 1-24-1994 by L.L. No. 3-1994]
The grant of any permit as provided in § 210-12A through P above, inclusive, to modify or vary the strict application of this chapter, shall be premised upon a finding by the Board of Appeals that such permit, modification or variance:
A.
Will not substantially depreciate the value of other
properties.
B.
Will not appreciably alter the essential character
of the neighborhood.
C.
Will not, because of noise, noxious odors or other
undesirable attributes, create a nuisance.
D.
Will secure public safety and welfare and assure substantial
justice.
E.
Will not create or tend to create a fire hazard or
endanger the structure or premises wherein or whereon such use is
sought.
Every permit or variance granted by the Board
of Appeals to modify or vary the strict application of this chapter
shall be acted upon within 12 months, and if a permit is granted for
a structural variance the work thereon shall be completed within 12
months; otherwise the authority granted thereby shall automatically
expire without notice, unless prior to that time an extension has
been granted by the Board of Appeals.
The Board of Appeals shall establish rules to
govern its procedures, deliberations and orders and shall conduct
its processes in conformity thereto, subject to the following provisions:
A.
Minutes. The Clerk of the Board shall keep minutes
of its proceedings, showing the vote of each member upon every question,
or if absent or failing to vote, indicating that fact.
B.
Records. Every rule, regulation and every finding,
order, grant or variance or permit and every other determination or
decision by the Board shall immediately be filed in the office of
the Board and with the Village Clerk and shall be a public record.
[Amended 4-31-1975 by L.L. No. 4-1975; 6-30-1975 by L.L. No. 6-1975; 10-31-1977 by L.L. No. 20-1977; 9-29-1986 by L.L. No. 9-1986]
The Board of Trustees of the Incorporated Village
of Freeport may, from time to time but not more than once annually,
adopt or amend a schedule of filing fees payable by a petitioner,
applicant or appellant for any cases, matters of applications brought
before the Zoning Board of Appeals for determination or action.
