A Board of Appeals shall be appointed by the
Village Board, pursuant to the Village Law of the State of New York.
Said Board of Appeals shall consist of five
members, They shall be appointed for terms as provided in said Village
Law. They shall receive such compensation as may be allowed by the
Village Board. The concurring vote of a majority of the members shall
be necessary for a decision. They shall make rules as to the manner
of filing appeals and applications for variances from the terms of
this chapter.
[Added 2-8-1993 by L.L. No. 3-1993[1]]
Said Board of Appeals may also consist of no
more than three alternate members. Such alternate members shall be
appointed by the Mayor subject to the approval of the Board of Trustees
and shall receive such compensation as may be allowed by the Village
Board.
A.
The terms of alternate members first appointed. The
appointment of alternate members to the Board of Appeals shall be
of terms so fixed that one member's term shall expire at the end of
the Village official year in which such alternate member was initially
appointed. The remaining alternate members' terms shall be so fixed
that one member's term shall expire at the end of each official year
thereafter. At the expiration of each original alternate member's
appointment, the replacement member shall be appointed for a term
of three years.
B.
An alternate member shall serve as a member of the
Board of Appeals at the request of the Chairperson, or in his or her
absence, the Acting Chairperson, when illness, absence, a conflict
of interest or other factor intervenes which prevents a member from
hearing, participating or voting on a matter which has come before
the Board of Appeals.
C.
If a vacancy shall occur otherwise than by expiration
of term, the Village Board shall appoint the new alternate member
for the unexpired term.
D.
An alternate member when serving as a member at the
request of the chairperson, or in his or her absence, the acting chairperson,
shall have the same powers and authority as a member.
E.
No person who is a member of the Village Board shall
be eligible for alternate membership on the Board of Appeals.
They may, in appropriate cases, after public
notice and hearing, and 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
of the State of New York and such powers as are heretofore in this
chapter given to them:
A.
Vary the application of the regulations herein established
and establish appropriate requirements for irregular lots or lots
less than the required area, in any district, existing 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 district boundary line divides a lot in a
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 25 feet beyond the boundary line of the greater
restricted zone.
F.
Permit the extension of a nonconforming use of building
upon the lot occupied by such use of building at the effective date
of this chapter.
G.
Permit any public utility in a restricted zone.
I.
Vary side and rear yard restrictions for buildings
other than dwellings in Residence A-1 and Residence B and C Districts.
J.
K.
Permit in an industrial district the use of premises
or buildings for the storage of petroleum or other inflammable materials
in excess of 1,000 gallons subject to appropriate conditions and safeguards
after consideration of safety, fire hazard, traffic conditions and
the effect on surrounding properties and where there are filed with
the application therefor three sets of plans and a certificate from
the Village Clerk stating that all ordinances have been complied with
and that in all respects the plans comply with the requirements of
this chapter and the Building Code. The Board of Appeals may approve
the said plans unconditionally or on condition or reject them. It
may require such change or changes in the said plans in relation to
structures, buildings or construction thereof or safety requirements
as deemed necessary to assure the above objectives.
L.
Granting either permanent or temporary and conditional
permits of limited duration for the erection or maintenance of fences
exceeding the maximum heights otherwise provided in this chapter.
[Amended 4-14-2003 by L.L. No. 1-2003]
M.
May permit gasoline filling stations and public garages where incidental to a use as a gasoline filling station in business and industrial districts only subject to the provisions contained in Article XII, § 176-137 through and including § 176-138, and after consideration of safety, fire hazard, noise, traffic conditions and the effect on surrounding properties where there are filed with the application therefore three sets of site plans showing location of pumps, tanks and buildings, a certificate from the Village Clerk that all ordinances have been complied with and that in all other respects the plans comply with the requirements of this chapter and the Building Code.[2] The Board may approve the said plans unconditionally or
on condition, or may reject them. It may require such change or changes
in the said plans in relation to location of pumps, tanks, buildings
or construction as deemed necessary to assure the above objectives.
The Board of Appeals shall have power to hear
and determine appeals from and to review any order or decision made
by the Superintendent of Buildings or Village Clerk.
In the consideration and determination of applications
for conditional uses, the Board of Zoning and Appeals shall consider
the following general standards as applied to the specific application:
A.
The purposes of zoning as set forth in the Village
Law of the State of New York and uses permitted in the district in
which the property is located.
B.
Whether the proposed use is of such character, size,
location, design and site layout as to be appropriate to and in harmony
with the surrounding properties.
C.
Whether the proposed use will provide a desirable
service, facility or convenience to the area or otherwise contribute
to the proper growth and development of the community and to its general
welfare.
D.
Whether the proposed use will be hazardous, conflicting,
or incongruous to the immediate area, stores, nearby residential dwellings,
or the neighborhood by reason of excessive traffic, interference with
pedestrian flow, assembly of persons or vehicles, proximity to travel
routes or congregations of children or pedestrians.
[Amended 12-14-2005 by L.L. No. 14-2005]
E.
Whether the proposed use will be of such nature as
to be objectionable to the immediate area, stores, nearby residential
dwellings, or the neighborhood by reason of noise, lights, vibration
or other factors of impact.
[Amended 12-14-2005 by L.L. No. 14-2005]
F.
Whether the proposed use will be a harmonious use
in the district in which it is to be situated and not hinder or discourage
the appropriate use and development of adjacent uses or impair the
value thereof.
G.
Whether the proposed use will be objectionable because
of litter, odors from putrescible waste, or attraction of vermin or
insects.
[Amended 9-13-2004 by L.L. No. 8-2004]
H.
In addition to the foregoing, the location and size
of a proposed use, the nature, time, hours, and intensity of the operations
proposed, the site layout and its relation to access streets will
not result in vehicular traffic which would be more hazardous than
the normal traffic of the district, taking into account such factors
as street intersection, traffic flow, traffic queuing on public streets,
sight distances, and pedestrian traffic.[1]
[Added 9-13-2004 by L.L. No. 8-2004]
[1]
Editor's Note: Former Subsection I, regarding size limitations
for food establishments, added 12-18-2006 by L.L. No. 3-2006, which immediately followed this subsection, was repealed 2-8-2022 by L.L. No. 2-2022.
If the Board of Zoning and Appeals shall determine
that the conditional uses provided in this chapter or a proposed special
use will conform to the general character of the neighborhood to which
the proposed use will apply and that the public health, morals, safety
and general welfare of such neighborhood will be secure by the granting
of such use, subject to the safeguards imposed by the Board, then
the Board of Zoning and Appeals shall authorize the issuance of a
permit. Such permits may be granted for a temporary period or permanently,
as determined by the Board, and, if granted for a temporary period,
application for extension of same will be subject to a public hearing
as required in the original application.
Before an application for a conditional use
may be heard by the Board of Zoning and Appeals a complete and accurate
list of the names and addresses of the owners of all the lands within
a radius of 200 feet of the property affected by such application
as appears on the latest completed assessment roll of the County of
Nassau shall be submitted simultaneously with the application. The
applicant shall send, by registered mail, to each owner shown on said
list, not less than 10, nor more than 20 days before the date set
for a hearing upon this application, a notice addressed to such owners
generally, signed by the applicant, identifying the property affected
thereby, and setting forth the use requested, and the date, hour and
place fixed by the Board of Zoning and Appeals for the hearing thereon.
Before such case may be heard by the Board of Zoning and Appeals the
applicant must file with the Clerk of the Board not later than five
days prior to the hearing date an affidavit of the mailing of such
notice as herein provided; said affidavit to be made on forms to be
provided by the Board of Zoning and Appeals. This provision shall
likewise apply to any application for the extension of a temporary
conditional use.
If upon an application for extension of a conditional
use the Board finds that the applicant has violated the conditions
imposed in the granting of same, or if the Board finds that because
of a change in the general character of the neighborhood, the public
health, safety, morals and general welfare will be adversely affected
by the extension of such conditional use, then the Board of Zoning
and Appeals may deny an application for extension of such conditional
use, anything in this chapter to the contrary notwithstanding.
[Added 2-2-1976 by L.L. No. 2-1976[1]]
Upon filing an application or appeal to the Board of Appeals, the party filing such application or appeal shall pay a fee in accordance with the provisions of Article XX, Fees, Costs and Deposits.
A.
General.
(1)
Meetings of the Board shall be held at the call
of the Chairman and at such other times as such Board may determine.
(2)
Meetings shall be devoted to hearings of applications
to the Board for permits as provided for in the ordinance and to hearings
of appeals from orders, requirements, decisions and determinations
of the Building Inspector.
(3)
All meetings of the Board shall be open to the
public.
(4)
Said Board of Appeals shall consist of five
members. A quorum of the Board shall consist of three members. The
concurring vote of the majority of the entire membership shall be
necessary for a decision.
(5)
The Chairman shall preside at all meetings and
subject to these rules shall decide all points of order or procedure,
unless otherwise directed by a majority of the Board in session at
that time. The Chairman shall report to the Board on all pertinent
official transactions that do not otherwise come to the attention
of the Board. Should the Chairman be absent at any meeting, then the
Board shall designate a Chairman to act at such meeting.
(6)
At a public hearing of a matter before the Board,
the applicant or appellant as the case may be, shall first present
his argument in support of the case and those of the opposition shall
follow. To maintain orderly procedure, each shall proceed without
interruption by the other.
(7)
Every person before the rostrum shall abide
by the order and direction of the Chairman. Discourteous or disorderly
conduct shall be regarded as breach of his privilege and shall be
dealt with as the Chairman deems proper.
(8)
On all applications and appeals, the owner of
the property affected shall appear before the Board in person or by
his duly authorized agent or attorney. In case an owner fails to appear
in person or by his duly authorized agent or attorney as aforesaid,
the Board may dismiss his application or appeal.
B.
Cases before the Board.
(1)
Every application for a permit, except an application
for the renewal of a temporary permit, and every appeal to the Board
of Appeals shall be made on the forms provided in triplicate, the
original of which shall be verified before a notary public, and shall
include the data required by such forms and shall be accompanied by
the necessary diagrams, consents, if any, and other supporting matter
so as to supply all information necessary for a clear understanding
by the Board.
(2)
Applications for renewals of temporary permits
shall be made to the Board in writing and shall be signed by the owner
or his duly authorized agent.
(3)
Every application and appeal to the Board shall
be executed by the owner of the premises affected by such appeal or
application or by his duly authorized agent on his behalf.
(4)
Every appeal to the Board must be taken within
60 days from the date of the order, requirement, decision or determination
of the Building Inspector appealed from, and such appeal and every
application for a permit must be filed with Clerk of the Board at
least 10 days before the date set for the public hearing thereon.[1]
(5)
Any communication purporting to be an application
or appeal, shall be regarded as a mere notice of intention to seek
relief and shall be of no force or effect until it is made in the
form which is required by this section. The Clerk, upon receipt of
any such information, shall supply the writer thereof with the proper
forms for presenting his application or appeal.
C.
The calendar. As soon as an application or appeal
is filed with the Clerk, it shall be placed on the calendar and not
less than five days before the hearing thereon a copy of the calendar
shall be furnished by the Clerk to each member of the Board. Every
applicant and appellant shall be notified by mail of the date his
case will be set for public hearing, which notice shall be mailed
to such applicant or appellant.
D.
Disposition of cases.
(1)
The final decision or determination by the Board
of any application or appeal shall be in writing and shall be signed
by the members of the Board present either affirming, reversing or
modifying in whole or in part, the order, requirement decision or
determination appealed from or dismissing the appeal for lack of jurisdiction
or prosecution, or granting or denying in whole or in part the application
for a permit. In denying or dismissing any application or appeal in
whole or in part, the reason therefor shall be indicated. The Board,
in reversing or modifying any order, requirement, decision or determination
appealed from or in granting an application may impose such terms
and conditions as in its discretion and judgment it deems necessary
or proper.
(a)
The concurring vote of a majority of the Board
present shall be necessary to any decision or determination. If there
is less than such a majority vote in favor of an application or appeal,
such action shall constitute a denial thereof.
(2)
Any applicant or appellant may withdraw his
application or appeal to the Board at any time prior to action thereon
with the consent of the Board.
(3)
No application or appeal dismissed or denied,
in whole or in part, may be considered again except on a request by
the applicant or appellant to restore the case to the calendar. No
request to grant a rehearing shall be entertained by the Board unless
substantial new evidence is submitted to it. If on motion of a member
of the Board adopted by the affirmative vote of a majority of the
Board present the request is granted, the case shall be put on the
calendar for rehearing.
(a)
ln every case the request for rehearing shall
be in writing executed in duplicate by the applicant or appellant,
reciting the reasons for the request and shall be accompanied by the
necessary data and diagrams and such request shall be filed with the
Clerk. A date will then be set for the hearing of such request at
least 10 days after the filing of the same with the Clerk when the
request for restoration to the calendar shall be submitted to the
Board. The applicant or appellant making such request shall be given
at least five days' notice by mail of the hearing thereon by the Board.
(4)
No decision or determination of the Board granting
any application or reversing or modifying an appeal shall remain in
force and effect longer than 12 months from the date of such decision
or determination unless the applicant or appellant shall have in the
meantime actually and in good faith commenced substantial work on
the erection or alteration of the building or structure or made use
of the property affected pursuant to the relief granted.
E.
Inspection. In any case in which the Board shall deem
it necessary, an inspection of the premises in question may be ordered
by the Board. Such inspection shall be made by the Chairman and by
one or more members designated by him and they shall report their
findings to the Board.
F.
Amendment, modification or waiver of rules. These
rules of procedure may be amended by the Board at any regular meeting,
provided notice of such proposed amendment has been given by the Clerk
in writing to each member of the Board not less than five days prior
to such meeting; except that if a majority of the Board present at
a meeting thereof duly called shall find that the application of any
of the foregoing rules shall create a hardship to an applicant or
to an appellant, the same may, in such case, upon the affirmative
vote of a majority of the Board present, be modified or waived.
