[Amended 6-12-2007 by L.L. No. 3-2007]
Section 7-712 of the Village Law is hereby amended, pursuant
to Municipal Home Rule Law § 10, in its application to the
Village of Muttontown as follows:
A.
The membership of the Zoning Board of Appeals is increased from five
members to seven members appointed by the Mayor and approved by resolution
of the Board of Trustees; and from one alternate member to two alternate
members appointed by the Mayor and approved by resolution of the Board
of Trustees.
[Amended 9-22-2020 by L.L. No. 2-2020]
B.
The term of membership on the Zoning Board of Appeals is decreased
from five years to three years; alternate members shall serve for
individual terms of one year.
C.
Incumbent Zoning Board of Appeals members serving at the time of
enactment of this decrease in the term of membership on the Zoning
Board of Appeals shall serve out the balance of their original five-year
terms. Thereafter, the members shall be appointed for terms of three
years.
D.
New Zoning Board of Appeals members appointed to fill the vacancies
created by this increase in membership of the Zoning Board of Appeals
from five members to seven members shall be appointed by the Mayor
and approved by resolution of the Board of Trustees for individual
terms of three years and two years, respectively. Thereafter, the
members shall be appointed for terms of three years.
[Amended 9-22-2020 by L.L. No. 2-2020]
E.
Each member of the Zoning Board of Appeals shall attend, at a minimum,
a majority of the Board Meetings occurring during each year of the
respective member's appointed term; and, at a minimum, one of every
four consecutive meetings occurring during the respective member's
appointed term.
F.
Each member of the Zoning Board of Appeals shall complete, at a minimum,
four hours of training each year to enable such members to more effectively
carry out their duties. Training received by a member in excess of
four hours in any one year may be carried over by the member into
succeeding years in order to meet the requirements of this subdivision.
Such training shall be approved by the Board of Trustees. To be eligible
for reappointment to the Zoning Board of Appeals, a member shall have
completed the minimum training requirement. The training required
by this subdivision may be waived or modified by resolution of the
Board of Trustees when, in the judgment of the Board of Trustees,
it is in the best interest of the Village to do so. No decision of
the Zoning Board of Appeals shall be voided or declared invalid because
of a failure to comply with this subsection.
G.
The Mayor shall have the power to remove, after public hearing, any
member of the Zoning Board of Appeals for cause, or without cause
subject to Board of Trustees approval. Any Zoning Board of Appeals
member may be removed for noncompliance with the minimum requirements
relating to meeting attendance or training established by this subsection.
[Amended 9-22-2020 by L.L. No. 2-2020]
H.
A secretary to the Zoning Board of Appeals shall be appointed by
the Mayor and approved by resolution of the Board of Trustees. The
secretary shall review applications, communicate with applicants,
create reports, schedule matters before the Zoning Board of Appeals,
and file and disseminate decisions of the Zoning Board of Appeals.
[Amended 9-22-2020 by L.L. No. 2-2020]
[Amended 6-12-2007 by L.L. No. 3-2007]
A.
The meetings and procedure of the Zoning Board of Appeals shall be
governed by the provisions of the Village Law of the State of New
York, as amended from time to time. The Zoning Board of Appeals shall
have power from time to time to adopt, repeal and amend rules and
regulations not inconsistent with law or the provisions of this chapter
governing its procedure and the transaction of its business.
B.
An application pending before the Zoning Board of Appeals shall be
deemed abandoned and withdrawn by the applicant, and shall be discontinued
by the Board, after a lapse of 12 months without reasonable steps
having been taken by the applicant to advance the application. The
Board may, within 60 days thereafter, entertain a request for reinstatement
of the abandoned application based on good cause shown. Upon the discontinuance
of an abandoned application, the applicant shall be entitled to receive
a refund of any unexpended sums held on deposit by the Village in
connection with the application, and shall be responsible for reimbursement
to the Village of any reimbursable costs attributable to the application
which the deposit was insufficient to satisfy.
[Amended 8-9-1976 by L.L. No. 1-1976]
A.
The Zoning Board of Appeals shall, pursuant to the
Village Law of the State of New York, as amended from time to time,
hear and decide appeals from and review any order, requirements, decisions
or determinations made by the Building Inspector, or other officer
charged with the enforcement of this chapter, and hear and decide
all matters specifically referred to it by the Planning Board or upon
which it is required to pass under any local law or ordinance.
B.
Where there are practical difficulties or unnecessary
hardships in the way of carrying out the strict letter of any provisions
of this chapter, the Zoning Board of Appeals shall have the power,
in a specific case, to vary any such provision in harmony with its
general purpose and intent so that the spirit of this chapter shall
be observed, public health, safety and general welfare secured and
substantial justice done.
C.
The determination of the Zoning Board of Appeals on all applications and appeals shall be made in accordance with the comprehensive plan and design set forth in this chapter and with the purpose and intent set forth in § 190-1 of this chapter and in § 7-704 of the Village Law.
[Added 9-11-2000 by L.L.
No. 3-2000]
[Amended 8-9-1976 by L.L. No. 1-1976; 5-9-1977 by L.L. No.
2-1977; 9-11-2000 by L.L. No. 3-2000; 10-10-2006 by L.L. No. 2-2006]
A.
The Board of Trustees, in a specific case authorized by this chapter,
after public notice and hearing and subject to appropriate safeguards
to be prescribed by such Board, may grant special use permits; provided,
however, that the Board of Trustees shall be bound by and shall not
vary the specific standards and requirements enumerated herein for
the particular special use permit requested.
B.
The Village's Zoning Board of Appeals, in a specific case authorized
by this chapter, after public notice and hearing and subject to appropriate
safeguards to be prescribed by such Board, for the particular special
use permit granted by the Board of Trustees, may vary dimensional
setbacks:
(1)
For buildings, structures or facilities which were in existence prior
to January 1, 1932; and
(2)
For the construction of additional buildings, structures or facilities,
provided that the same are not located any closer to the boundary
line than similar buildings, structures or facilities approved and
constructed pursuant to a special use permit previously granted by
the Zoning Board of Appeals.
C.
On all applications for variances or special use permits under this
section, the Zoning Board of Appeals and Board of Trustees, respectively,
in addition to the requirements hereinabove set forth, shall give
consideration to the health, safety, convenience and general welfare
of the Village and of its property owners and residents and shall
act in harmony with the general purpose and intent of this chapter
and of the applicable provisions of the Village Law.
D.
The determinations of the Zoning Board of Appeals and Board of Trustees, respectively, on all applications under this section shall be made in accordance with the Comprehensive Plan and design set forth in this chapter and with the purpose and intent set forth in § 190-1 of this chapter and in § 7-704 of the Village Law.
E.
The Zoning Board of Appeals shall not authorize any variance, and
the Board of Trustees shall not permit any special use under the provisions
of this section unless, respectively, it finds in each case that the
proposed use of the property or the erection, alteration or maintenance
of the proposed building or structure:
(1)
Will not depreciate or tend to depreciate the value of property in
the Village;
(2)
Will not create a hazard to health, safety, morals or general welfare;
(3)
Will not be detrimental to the neighborhood or to the residents thereof;
(4)
Will not alter the essential character of the neighborhood; and
(5)
Will not otherwise be detrimental to public convenience and welfare.
F.
On all applications for variances the Zoning Board of Appeals, and
on all applications for special use permits the Board of Trustees,
in addition to the requirements hereinabove set forth, respectively
shall give consideration to the health, safety, convenience and general
welfare of the Village and of its property owners and residents and
shall act in harmony with the general purpose and intent of this chapter
and of the applicable provisions of the Village Law.
[Amended 8-9-1976 by L.L. No. 1-1976]
A.
At all hearings before the Zoning Board of Appeals
on appeals and on matters of original jurisdiction, the minutes of
the hearings shall be taken by a stenographic reporter, unless the
same is waived by the Chairman or Acting Chairman of the Zoning Board
of Appeals.
B.
The actual costs of advertising and mailing the notice
of all hearings before the Board of Appeals on appeals and on matters
of original jurisdiction and the actual costs of taking minutes by
a stenographic reporter at all such hearings shall be promptly paid
to or for the Village by the appellant or the applicant on a matter
of original jurisdiction.
