[Amended 4-4-1983 by L.L. No. 6-1983; 6-13-1983 by L.L. No.
9-1983; 10-6-1997 by L.L. No. 9-1997; 9-8-2003 by L.L. No.
10-2003; 12-18-2007 by L.L. No. 16-2007]
A.
The Board of Appeals heretofore established is hereby
continued. It shall continue to consist of five members. The terms
of the members now in office are hereby confirmed and continued. Their
respective successors shall be appointed by the Mayor of the Village
of Cedarhurst for terms of five years. They shall receive such compensation
for their services as may be fixed and/or provided by the Board of
Trustees by resolution.
B.
All members of the Board of Appeals shall be residents
of the Village. The Board membership of a member who ceases to be
a resident of the Village during his or her term shall forthwith terminate.
Notwithstanding the foregoing to the contrary, such member shall continue
to hear, deliberate and decide on those pending or continued cases
in which he or she initially participated. This subsection shall be
effective January 1, 2002.
C.
Pursuant to New York State Village Law § 7-712-a(2),
the Mayor shall appoint a Chairperson of the Board of Zoning Appeals.
D.
The law authorizes the Board of Zoning Appeals the
authority to appoint a secretary.
E.
The members of the Board of Zoning Appeals shall receive,
as may be fixed and/or provided by the Board of Trustees by resolution,
from time to time, expenses, if any, including the hiring of a secretary
and to pay for its services and to provide for such other expenses
as it may deem proper, within the limitations and appropriations that
may be made therefor, if any, by the Village Board of Trustees; and
requirements for the members of the Board of Zoning Appeals to complete
training and/or continuing education courses in accordance with any
requirements that may, from time to time, be established and/or set
by law.
[Amended 5-1-2006 by L.L. No. 12-2006]
A.
All meetings of the Board of Appeals, except for executive
session, shall be Public. A quorum shall consist of three members.
The concurring vote of a majority of the members present shall be
necessary for a decision.
B.
The Board shall have power from time to time to make
rules as to the manner of filing appeals and applications for variances
from the terms of this chapter and be otherwise bound by the provisions
of the Village Law. Existing rules are continued until repealed or
amended.
C.
Prior to public hearings held by the Board of Zoning
Appeals, the applicant shall serve all property owners within 200
feet of the applicant's property with written notices of said public
hearing by personal delivery or by certified mail, return receipt
requested, at least 10 days and no more than 21 days before the date
scheduled for the public hearing, shall have said notice published
in a local newspaper of record no more than 10 days and not less than
five days prior to said public hearing, and the applicant shall file
with the Village Clerk certification of service and publication of
said notice showing compliance with this subsection.
[Amended 10-6-1997 by L.L. No. 9-1997]
The Board of Appeals may, in cases where the
enforcement of the strict letter of this chapter would work unnecessary
hardship or injustice, after public notice and hearing, and in harmony
with the general purpose and intent of this chapter and of the regulations
hereby established, exercise all of the powers granted in § 7-712-b
of the Village Law.
[Amended 10-6-1997 by L.L. No. 9-1997]
In any and all cases and matters coming before
said Board of Appeals for determination, the determination and decision
of the Board shall be made in accordance with the provisions and intents
of the Village Law of the State of New York concerning a comprehensive
plan and designated as provided either in said Village Law and in
this chapter to lessen congestion of the streets; to secure safety
from fire, panic and other dangers; to promote health, safety, morals
or the general welfare; to provide adequate light and air; to prevent
the overcrowding of land, to avoid undue concentration of population;
to make provision for, so far as conditions may permit, the accommodation
of solar energy systems and equipment and access to sunlight necessary
therefor; to facilitate the adequate provisions of transportation,
water, sewerage, schools, parks and other public requirements and
whether said premises can be put to a conforming use.
The deliberations and determinations of said
Board shall be made with reasonable consideration among other things
as to:
A.
The character of the district;
B.
Its peculiar suitability for particular uses;
C.
The conservation of property values;
D.
Encouraging the most appropriate use of land throughout
the Village of Cedarhurst;
E.
The direction of building development;
F.
That the practical difficulty or unnecessary hardship
is created by the zoning ordinance and not by the act of applicant;
G.
That such difficulty is not common to others in the
neighborhood or district and such variance shall be within the spirit
of this chapter and in harmony therewith; and
H.
Any additional factors included in Village Law § 7-712-b.
[Added 10-6-1997 by L.L. No. 9-1997
[Amended 3-7-1983 by L.L. No. 4-1983; 4-1-2002 by L.L. No.
2-2002; 7-1-2002 by L.L. No. 7-2002]
A.
Every appeal from an administrative determination
or application for a variance special use permit or a special exception,
to be heard by the Board of Zoning Appeals, shall be on such forms
as approved by the Board and shall be accompanied by a nonrefundable
fee, which the applicant shall pay to the Village Clerk or Village
Clerk-Treasurer. This fee shall be set by resolution of a majority
vote of the members of the Board of Trustees present at a Board meeting
and shall be in addition to any other fees to effectuate such variance,
special use permit or special exception.
B.
Each appellant or applicant shall be liable for and
shall pay to the Village Clerk or Village Clerk-Treasurer actual costs
which may be incurred by the Village in processing the appeal or application
and hearings for the following:
(1)
Advertising.
(2)
Stenographic minutes of hearings and meetings.
(3)
Engineering costs.
(4)
Inspection costs.
(5)
Legal fees for the Village Attorney or for Special
Counsel to the Village.
(6)
Consultants and/or experts.
(7)
Recording fees.
(8)
Planning, traffic, environmental or other specialized
studies.
C.
Deposits.
(1)
Except in appeals or applications affecting properties located in R-1 and R-2 Districts, wherein residential use thereof is in effect and unchanged by the appeal or application, the applicant shall deposit sum of $1,000 with the Village Clerk or Village Clerk-Treasurer at the time of submission of an appeal or application to the Board of Zoning Appeals or upon the submission of an application for a special exception or use permit to the Building Superintendent. Such sum shall be applied to the actual costs set forth in Subsection B herein for which the applicant is liable and, in the event that said sum shall be insufficient or become fully expended, the applicant shall deposit such additional sums from time to time as may be demanded by the Village, which sums shall be paid within five days.
(2)
The Village shall so notify the applicant of such
demand and shall provide to the applicant an itemized statement of
the costs incurred and known costs to be incurred, at the address
or location for the applicant contained in the application.
(3)
The failure to pay any such additional sums shall
be grounds, among any other remedies that the Village may have, for
suspending or taking no action on any such appeal, application, hearing
or decision, until such payment is received and collected.
(4)
Notwithstanding any of the foregoing, the failure
to pay such additional sums, from time to time as may be demanded
by Village, within 20 days of the date of the demand shall be grounds
for dismissal of such appeal or application.
(5)
The amount by which the total deposits and payments
exceeds the costs for which applicant is liable shall be refunded
to the applicant by the Village.
[Amended 3-18-1985 by L.L. No. 3-1985]
A.
Every decision of the Board of Appeals which grants a variance waving, varying or modifying the requirements of §§ 265-9, 265-11A, 265-81, 265-94, 265-100 and 265-115 of this chapter for off-street parking in whole or in part shall clearly set forth the nature and extent of such variance by specifying the number of spaces required to be provided pursuant to said requirements, the number of spaces required to be provided by the Board of Appeals and the number of spaces thus waived by the Board of Appeals. The number of spaces so waived by the Board of Appeals shall constitute the number of spaces for which a variance is granted. If any variance is granted for an additional or extension to a property that previously received a waiver, any payments set forth in Subsection B and C hereunder shall be for the addition only and not based on any waiver granted previously by this Board.
B.
Every variance granted by the Board of Appeals which
waives, varies or modifies the requirements of this chapter for off-street
parking, in whole or in part, shall be made subject to a condition
requiring a payment to the Village of Cedarhurst of a sum to be determined
by the Board of Trustees for each and every space for which a variance
is granted, which sums shall constitute a trust fund to be used by
the Board of Trustees exclusively for public off-street parking, including
the acquisition, improvement and/or maintenance of land acquired or
held and parking equipment and/or facilities for such purposes. Such
condition shall be deemed a condition of every such variance, and
such payment may be referred to as the "off-street parking space fee."
C.
The amount of the per space sum required to be paid to the Village for each and every space for which a variance is granted pursuant to Subsection B above shall be a fee as set by the Board of Trustees by resolution of a majority vote of its members present at a Board meeting.[1]
[1]
Editor's Note: The fee schedule is on file
in the Village offices.
D.
This section shall not apply to any application which
has already been filed and is either pending or awaiting hearing before
the Board of Zoning Appeals or the Board of Trustees of this Village
at the effective date of this section.
[Amended 10-6-1997 by L.L. No. 9-1997]
E.
Payment of the required fee shall be a requisite to
the issuance of a building permit, unless the Board of Trustees, upon
a finding of hardship, agrees to other items of payment.
[Added 5-5-1986 by L.L. No. 13-1986;
amended 6-7-2004 by L.L. No. 2-2004]
