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]
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.
H. Vary side and rear yard restrictions in Residence C Districts, as provided in Article
V, §
176-34 hereof.
I. Vary side and rear yard restrictions for buildings
other than dwellings in Residence A-1 and Residence B and C Districts.
J. Determine whether or not any trade, industry or purpose or use, otherwise permitted by this chapter would violate §
176-121 of Article
XII of this chapter, and if so, to prohibit such trade industry or purpose or use.
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. 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.
[Added 9-13-2004 by L.L. No. 8-2004]
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]
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.
Area and use variances will be granted in conjunction
with the guidelines set forth in Village Law § 7-712-b.