[1]
Editor's Note: For rules of procedure adopted
by the Board of Appeals, see Ch. A685. Zoning Board of Appeals: Rules
and Regulations.
A Board of Appeals shall be appointed by the
Village Board of the Village of Russell Gardens pursuant to the Village
Law of the State of New York.
The Board of Appeals shall consist of five members,
who shall be appointed for the terms provided in the Village Law.
The Board of Appeals shall make rules as to the manner of filing appeals
or applications pursuant to the terms of this chapter.[1]
[1]
Editor's Note: See Ch. A685. Zoning Board
of Appeals: Rules and Regulations.
The Board of Appeals may, in appropriate cases,
after public notice and hearing, subject to appropriate conditions
and safeguards and in harmony with the general purpose and intent
of this chapter, in addition to the powers and duties set forth in
the Village Law and such powers as are by this chapter given to it:
A.
Vary the application of the regulations herein established
and establish appropriate requirements for irregular lots of less
than the required area, existing in any district at the effective
date of this chapter.
B.
Vary the application of the regulations herein established
and modify the requirements hereof in cases of exceptional topography
under such conditions as will safeguard the neighborhood.
C.
Grant temporary and conditional permits of limited
duration for nonconforming uses and buildings in undeveloped sections.
D.
Determine and establish the true location of district
boundaries in any disputed case.
E.
Where a zone boundary line divides a lot in single
ownership at the effective date of this chapter, permit a use authorized
on either portion of such lot to extend to the entire lot, but not
more than 15 feet beyond the boundary line of the more restricted
zone.
F.
May permit the extension of a nonconforming use or
building upon a lot occupied by such use or building, provided that
the Board of Appeals determines that such use is reasonably consistent
with the existing uses of other buildings, lots and premises in the
neighboring territory in the Village, that the use will not unreasonably
depreciate or impair the value of such other buildings, lots and premises
in the neighboring territory and that such use will not present health,
safety, traffic, nuisance or policing hazards which may not be adequately
controlled.
[Amended 5-4-1948]
G.
May permit a public utility use in any district, provided
that the Board of Appeals determines that the use is reasonably necessary
for the health, safety, comfort or business purposes of the residents
of the Village, that the use will not unreasonably depreciate or impair
property values and that the use will not present health, safety,
traffic, nuisance or policing hazards which may not be adequately
controlled.
[Amended 5-4-1948]
I.
Vary the height regulations in any district to permit
church spires, belfries, towers, designed exclusively for ornamental
purposes, flagstaffs, chimneys, flues or scenery lofts and to permit
parapet walls extending not more than three feet above the height
permitted by these regulations.
J.
Permit any building, lot or premises in any district
to be used as, by or for a college, a school other than a public school,
a dormitory, a fraternity house, a recreation center, a philanthropic
or eleemosynary institution, or a social center, except where the
activities of any such use are those customarily carried on as a business,
provided that the Board of Appeals determines that such use is reasonably
consistent with existing uses in the neighboring territory, that the
use will not unreasonably depreciate property values and that the
use will not present health, safety, traffic, nuisance or policing
hazards which may not be adequately controlled.
[Added 1-6-1948; amended 5-4-1948]
K.
Not grant permits, as provided in Subsections F, G and J, except by unanimous vote of the Board of Appeals, if protests against the granting of any such permits are presented to the Board of Appeals before action on the application, signed by the owners of 25% of the frontage of land within 500 feet of the property in question, as shown by the last completed assessment roll of the Village.
[Added 5-4-1948]
The Board of Appeals shall have the power to
hear and determine appeals from and to review any order or decision
made by the Building Inspector.
[Added 11-2-1992 by L.L. No. 3-1992]
A.
After the Board of Appeals has granted a variance
or other relief under the provisions of this chapter, such variance
or other relief shall expire:
(1)
If a building permit has not been issued in accordance
with the plans for which such variance or other relief has been granted
within 90 days of the date of the decision of the Zoning Board of
Appeals.
(2)
If construction has not commenced in accordance with
the plans for which such variance or other relief was granted within
90 days of the issuance of the building permit.
(3)
If construction has not been completed in accordance
with the plans for which such variance or other relief was granted
within one year of the date that the permit was issued.
B.
The Zoning Board of Appeals, for good cause shown,
may extend the time in which to obtain a building permit, commence
construction or complete construction, pursuant to the schedule set
forth in this section, provided that such request for an extension
of time is received by the Zoning Board of Appeals prior to the applicable
expiration date and further provided that it finds that the conditions
and circumstances essential to the original granting of the variance
have not changed.
C.
If any property owner has been granted a variance,
but has not obtained a building permit as of the effective date of
this section, the ninety-day period in which to obtain the building
permit shall commence on the effective date of this section.
