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.