A.
Establishment and organization:
(1)
Pursuant to Village Law § 7-712 et seq., there is hereby
established in the Village of Dobbs Ferry a Zoning Board of Appeals
which shall consist of five members appointed by the Mayor, subject
to the approval of the Board of Trustees. All members of the Zoning
Board of Appeals shall be residents of the Village. All members, including
alternate members, shall comply with all other requirements of all
applicable laws, including training requirements.
(2)
The Mayor shall nominate one of the members of the Zoning Board of
Appeals to serve as Chairperson, subject to the approval of the Board
of Trustees.
(3)
The members of the existing Zoning Board of Appeals in office at
the time this chapter takes effect shall continue in office until
the end of the terms for which they were appointed. Their successors
shall be appointed for terms of three years.
(4)
The Mayor, subject to the approval of the Board of Trustees, shall
appoint at least one but no more than two alternate members to the
Zoning Board of Appeals. The term of the alternate members shall be
one year. The Chairperson of the Zoning Board of Appeals may designate
an alternate member to substitute for a regular member when such member
is absent or unable to participate because of a conflict of interest
on an application or matter before the Board. Alternative members
shall attend all meetings of the Zoning Board of Appeals, shall sit
with the regular members during the review of matters before the Board,
and shall participate in all actions of the Board, up to but not including
voting on motions, resolutions and actions, unless they are substituting
for a regular member.
(5)
If a vacancy shall occur other than by expiration of term, the Mayor
shall appoint a new member for the unexpired term.
(6)
To the extent that the provisions of this section are inconsistent
with the provisions of the Village Law at § 7-712 et seq.,
the Board of Trustees hereby declares its intent to supersede the
provisions of the Village Law pursuant to § 10 et seq. of
the Municipal Home Rule Law.
B.
Powers and duties. The Zoning Board of Appeals shall have the following
powers and duties:
(1)
To adopt rules and regulations for its operation and to follow said
rules and regulations in the conduct of its official business.
(2)
To hear and decide appeals of an order, requirement, decision, interpretation,
or determination of the Building Inspector, Land Use Officer or any
other administrative official and the Architectural and Historical
Review Board.
(3)
To interpret provisions of this chapter, at the request of the Building
Inspector.
(4)
To hear and decide appeals for bulk and area variances and for use variances in accordance with the provisions of § 300-24 of this chapter.
(5)
To hear and decide applications for the alteration, enlargement or
extension of a nonconforming site, structure or sign.
(6)
Upon the granting of a variance or special permit, to impose such
reasonable conditions and restrictions as are intended to mitigate
the impacts of such variance or special permit on the surrounding
neighborhood, which are directly related to and incidental to the
proposed use of the property.
(7)
To refer applications to the Board of Trustees, Planning Board, Architectural
and Historic Review Board, and Conservation Advisory Board when required
by the provisions of this chapter or otherwise appropriate.
[Amended 8-22-2017 by L.L. No. 6-2017]
(8)
To retain, as necessary, counsel, clerks, a secretary and experts, including but not limited to engineers, architects, landscape architects, historic preservationists and planners, to assist it in the conduct of its official business, which expenses shall be paid by the applicant in accordance with Article XVI.
(9)
To maintain and make available minutes of all of its meetings in
accordance with § 7-712-a of the Village Law and to comply
with all applicable public notice and hearing requirements specified
in this chapter.
(10)
To prepare written findings of fact for each decision rendered
by the Zoning Board of Appeals to be filed with the Village Clerk
within 30 days of the date that the decision is rendered setting forth
the action taken, including any conditions imposed by the Board.
(11)
To perform such other tasks as may be necessary in the carrying
out of the above powers and duties.
C.
Expenses. The Board of Trustees shall make such appropriation as reasonable and necessary for the operation of the Zoning Board of Appeals, including but not limited to the hiring of counsel, experts, clerks and secretary, which expenses shall be paid by the applicant in accordance with Article XVI.
A.
Appeals of orders, requirements, decisions, interpretations or determinations
of the Land Use Officer.
(1)
Any applicant may appeal an order, requirement, decision, interpretation
or determination made by the Land Use Officer or other administrative
official (other than a decision with regard to application completeness)
to the Zoning Board of Appeals.
(2)
Such appeal shall be taken by filing a written notice of appeal and
any required plans with the Zoning Board of Appeals within 30 days
after the filing of the order, requirement, decision, interpretation
or determination that is being appealed, on forms prescribed by the
Zoning Board of Appeals. Such application shall refer to the specific
provision of this chapter involved and shall specify the grounds for
the interpretation claimed or for the reversal of an order, requirement,
decision or determination of the administrative official.
(3)
The Land Use Officer shall transmit all the papers constituting the
record of the appeal to the Zoning Board of Appeals.
(4)
The Zoning Board of Appeals shall hear and decide appeals in accordance
with applicable law.
B.
Appeals of decisions:
(1)
An appeal of an opinion as to the completeness of an application
rendered by the Land Use Officer shall be made to the board that would
hear the application if it were complete.
(2)
An appeal of a decision of the Architectural and Historic Review
Board or any administrative officer shall be made to the Zoning Board
of Appeals, which shall hear the appeal de novo.
(3)
Any appeal shall be taken by filing a written notice of appeal and
any required plans with the Land Use Officer within 30 days after
the filing of the order, requirement, decision, interpretation or
determination with the Village Clerk that is being appealed, on forms
provided by the Land Use Officer. Such application shall refer to
the specific provision of this chapter involved and shall specify
the grounds for the variance requested, the interpretation claimed,
or for the reversal of an order, requirement, decision or determination
of an administrative official.
(4)
The board or body that rendered the decision being appealed shall
forthwith transmit all the papers constituting the record of the appeal
to the appropriate reviewing board.
(5)
The Zoning Board of Appeals shall hear and decide an appeal in accordance
with applicable law.
A.
When required:
(1)
A use variance shall be required for an application for a use or
building type not permitted in this chapter.
(2)
An area variance shall be required for an application involving a
deviation from an area and/or dimensional requirement provided in
this chapter. A variance pertaining to other requirements that are
based on area calculations or dimensions, such as density or parking,
shall be considered area variances.
B.
Criteria for approval. The Zoning Board of Appeals shall evaluate
each application for a variance based on the purposes and standards
of this chapter, adopted guidelines, the Vision Plan and the Local
Water Revitalization Plan, as well as the findings of the environmental
quality review for the application, in consideration of the purposes
of this chapter and in accordance with the standards provided in the
New York State Village Law for the granting of variances.
C.
Time for decision. The Zoning Board of Appeals shall grant, deny or grant subject to conditions the application in accordance with applicable law after the conclusion of the public hearing. Any decision shall contain written findings explaining the rationale for the decision in light of the criteria specified at § 300-24B above.
D.
Post-approval procedure. If the application requires additional approvals
under this chapter, the Zoning Board of Appeals shall refer the application,
together with a resolution detailing its findings and the conditions
of approval, to the appropriate agency. If the application for which
the variance was granted does not require additional approvals, the
Zoning Board of Appeals shall refer the application, together with
a resolution detailing its findings and the conditions of approval,
to the Land Use Officer.
