[Amended 5-23-1994 by L.L. No. 4-1994; 7-31-1995 by L.L. No. 7-1995]
A.
There shall be a Board of Appeals of five members,
pursuant to the provisions of the Village Law.
B.
The Board of Trustees may appoint not more than two
alternate members of the Board of Appeals. Each such alternate member
shall attend meetings of the Board of Appeals and participate in its
deliberations but shall vote only in the event that a member of the
Board of Appeals is absent or otherwise unable to act with respect
to a particular matter. When acting pursuant to the authority provided
hereby, such alternate member shall have all of the rights and privileges
of a member of the Board of Appeals. This subsection is adopted pursuant
to the authority granted by § 10, Subdivision 1(e)(3), of
the Municipal Home Rule Law and shall supersede any provision of the
Village Law which is inconsistent herewith.
C.
Each member and alternate member of the Board of Appeals
shall attend, in each official year, not less than six hours of training
approved by the Chairman relating to the activities of such Board
and not less than 75% of the meetings of such Board. For purposes
of this provision, "attendance at a meeting" shall mean presence at
the entire meeting, from the call to order until adjournment. In the
event that any member or alternate member fails to satisfy these training
and attendance requirements, the Chairman shall report such fact to
the Board of Trustees.
The Board of Appeals shall have all the powers
and duties prescribed by law and by this chapter, which are specified
as follows, provided that none of the following provisions shall be
deemed to limit any power of the Board that is conferred by law:
A.
Interpretation. On appeal made within 30 days from
a zoning requirement or decision made by the Building Inspector, the
Board of Appeals shall have the power and duty to decide any of the
following questions:
B.
Variances.
(1)
The Board of Appeals shall have the power and duty
to authorize, upon appeal made within 30 days of a denial of a building
permit, change of use permit or special permit, a variation from the
terms of this chapter as will not be contrary to the public interest
where, owing to exceptional and extraordinary circumstances, there
are practical difficulties or unnecessary hardships in the way of
carrying out the strict letter of this chapter, subject to terms and
conditions to be fixed by the Board of Appeals; provided, however,
that no such variance shall be granted unless said Board finds that:
(a)
There are practical difficulties in the physical
development of the parcel, fully described in the findings of said
Board, applying to the land or building for which the variance is
sought, which conditions are peculiar to such land or building and
have not resulted from any act of the applicant or any prior owner;
and
(b)
For reasons fully set forth in the findings
of said Board, the aforesaid circumstances or conditions are such
that the strict application of the provisions of this chapter would
create unnecessary hardships and thus deprive the applicant of the
reasonable use of such land or building and that the granting of the
variance is necessary for the reasonable use of the land or building
and that the variance as granted by said Board is the minimum variance
that will accomplish this purpose.
(2)
Other conditions relating to the issuance of variances.
(a)
The granting of the variance under such conditions
as said Board may deem necessary or desirable to apply thereto shall
be in harmony with the general purpose and intent of this chapter
and shall not represent a radical departure therefrom, shall not be
injurious to the neighborhood and shall not change the character thereof
and shall not be otherwise detrimental to the public welfare.
(b)
In all cases where the Board of Appeals grants
a variance from the strict application of the requirements of this
chapter, it shall be the duty of such Board to attach such conditions
and safeguards as may be required in order that the result of its
action may be as nearly as possible in accordance with the spirit
and intent of this chapter.
C.
Where said Board is of the opinion that the zoning
classification of a particular property is conducive to the deprivation
of the reasonable use of the land or buildings and where said Board
finds the same condition to apply generally to other land or buildings
in the same neighborhood or zoning district, said Board shall call
this condition to the attention of the Village Board.
The powers and duties of the Board of Appeals
shall be exercised in accordance with the Rules of Conduct and Procedures
of the Zoning Board of Appeals of the Village of Mount Kisco, New
York as set forth in the appendix of this Code[1] and with the following:
A.
The Board of Appeals shall not decide upon any appeal
for a variance or interpretation of this chapter without first holding
a public hearing, notice of which hearing, including the substance
of the appeal or application, shall be given by publication in the
official newspaper of the Village at least 15 days before the date
of such hearing. In addition to such published notice, the applicant
shall cause such notice to be mailed at least 10 days before the hearing
to all owners of property which lies within 300 feet of the property
for which relief is sought and to such other owners and by such other
means of notification as the Board of Appeals may deem advisable.
[Amended 12-28-2009 by L.L. No. 7-2009]
B.
All appeals and applications made to the Board of
Appeals shall be in writing, on forms prescribed by the Board, and
shall be accompanied by a fee as set forth in the Village fee schedule,[2] and, in addition thereto, all publication and posting
costs shall be borne by the petitioner. The cost of notifying adjoining
owners in accordance with the rules of the Zoning Board of Appeals
shall likewise be borne by the petitioner.
C.
Each appeal or application shall fully set forth the
circumstances of the case, shall refer to the specific provision of
the chapter involved and shall exactly set forth, as the case may
be, the interpretation that is claimed, the details of the variance
that is applied for and the grounds on which it is claimed that the
same should be granted.
D.
At least 10 days prior to the date of any public hearing,
the Secretary of the Board of Appeals shall transmit to the Chairman
of the Planning Board a copy of any appeal or application, together
with a copy of the notice of such hearing. The Planning Board may
submit to the Board of Appeals any comment on said appeal or application
prior to the hearing on said appeal or application.
E.
Decisions of the Board of Appeals on any appeal shall be made within 62 days of the public hearing held pursuant to Subsection A of this section. Every decision shall be recorded in accordance with standard forms adopted by the Board, shall fully set forth the circumstances of the case and shall contain a full record of the findings on which the decision is based. Every decision of said Board shall be set forth by resolution, and each such resolution shall be filed in the office of the Village Clerk.
F.
All provisions of this chapter relating to the Board
of Appeals shall be strictly construed. Said Board, as a body of limited
jurisdiction, shall act in full conformity with all provisions of
law and of this chapter and in compliance with all limitations contained
therein; provided, however, that, if procedural requirements set forth
herein have been substantially observed, no applicant or appellant
shall be deprived of the right of application or appeal.
G.
Unless construction is commenced and diligently pursued
within one year of the date of the granting of a variance, such variance
shall become null and void.
