[Amended 4-12-1999 by L.L. No. 1-1999; 4-12-2004 by L.L. No. 1-2004; 7-12-2004 by L.L. No. 2-20048-9-2021 by L.L. No. 4-2021]
A.
Pursuant to § 7-712 of the Village Law, there shall be
a Zoning Board of Appeals which shall consist of five members appointed
in accordance with said § 7-712 of the Village Law. The
members of the Zoning Board of Appeals in existence at the time of
the amendment of this chapter shall continue to serve as members of
the Zoning Board of Appeals until their original terms of office expire.
Any replacement members shall be replaced in accordance with § 7-712
of the Village Law.
B.
There shall be established a five-person Planning Board pursuant
to § 7-718 of the Village Law. The members of the Planning
Board in existence at the time of the amendment of this chapter shall
continue to serve as members of the Planning Board until their original
terms of office expire. Any replacement members shall be replaced
in accordance with § 7-718 of the Village Law.
A.
Statutory authority. The New York State Legislature has, heretofore,
pursuant to Chapter 137 of the Session Laws of 1998, authorized municipalities
to appoint alternate members to their Planning Boards and Zoning Boards
of Appeals to substitute where conflict of interest situations prevent
regular Board members from acting on local land use matters or applications.
B.
Purpose. This section provides the authority to allow the Board of
Trustees to appoint alternate members to the Planning Board and Zoning
Board of Appeals to substitute where a member is unable to attend
or a conflict of interest arises which prevents regular Board members
from acting on local land use matters or applications. In such instances,
official business cannot be conducted, which may delay or impede adherence
to the provisions of this chapter.
C.
ALTERNATE MEMBER
MEMBER
PLANNING BOARD
ZONING BOARD OF APPEALS
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An individual appointed by the Board of Trustees to serve
on the Village Planning Board and Zoning Board of Appeals when a regular
member is unable to participate on an application or matter before
the respective Board, as provided herein.
An individual appointed by the Board of Trustees to serve
on the Village Planning Board and Zoning Board of Appeals pursuant
to the provisions of the local law or ordinance which first established
such Planning Board and Zoning Board of Appeals.
The Planning Board of the Village of Pulaski, as established
by the Village Board of Trustees by local law pursuant to provisions
of § 7-718 of the Village Law.
The Zoning Board of Appeals of the Village of Pulaski as
established by the Village Board of Trustees by local law or ordinance
pursuant to provisions of § 7-712 of the Village Law.
D.
Appointment; terms; powers and duties.
(1)
The Board of Trustees hereby enacts this section to provide
a process for appointing alternate members of the Planning Board/Zoning
Boards of Appeals. These individuals would serve when members are
absent or unable to participate on an application or matter before
the respective Board.
(2)
Alternate members of the Planning Board/Zoning Board of Appeals
shall be appointed by the Board of Trustees for a term of five years.
(3)
The Chairperson of the Planning Board/Zoning Board of Appeals
may designate an alternate to substitute for a member when such member
is unable to participate on an application or matter before the Board.
When so designated, the alternated member shall possess all the powers
and responsibilities of such member of the Board. Such designation
shall be entered into the minutes of the initial Planning Board/Zoning
Board of Appeals meeting at which the substitution is made.
(4)
All provisions of state law relating to Planning Board/Zoning
Board of Appeals members' eligibility, vacancy in office, removal,
compatibility of office and service on other boards, as well as any
provisions of a local law/local ordinance relating to training, continuing
education, compensation and attendance, shall also apply to alternate
members.
E.
Supersession of Village Law. This section is hereby adopted pursuant
to the provisions of § 10 of the New York State Municipal
Home Rule Law and § 10 of the New York State Statue of Local
Governments. It is the intent of the Board of Trustees, pursuant to
§ 10 of the Municipal Home Rule Law, to supersede the provisions
of:
The Planning Board shall have all of the following powers and
duties:
A.
To review any application for amendment of this chapter or for amendment
of the zoning districts and to submit a recommendation to the Village
Board relative thereto.
B.
To review any application for variances and to submit a recommendation
to the Zoning Board of Appeals.
C.
To act upon and decide any and all applications for special permits
provided in this chapter.
D.
To conduct a site plan review.
The Board of Appeals shall have all of the following powers
and duties:
A.
To reverse or affirm, wholly or partly, or modify the order, requirement,
decision, interpretation or determination appealed from and make such
order, requirement, decision, interpretation or determination as in
its opinion ought to have been made in the matter by the administrative
official charged with the enforcement of such local law.
B.
Variances. To vary strict application of the requirements of this
chapter in accordance with the following provisions.
(1)
Use variance. Where there is unnecessary hardship in the way of carrying
out the strict letter of this chapter, the Zoning Board of Appeals
shall have the authority to vary or modify the application of any
of the use regulations or provisions of this chapter so that its spirit
shall be observed. A use variance shall be granted, however, unless
the Zoning Board of Appeals finds:
(a)
That, under the applicable zoning regulations the applicant
would be deprived of all economic use or benefit from the property
in question, which deprivation must be established by competent financial
evidence.
(b)
That the alleged hardship relating to the property in question
is unique, and does not apply to a substantial portion or district
of the neighborhood.
(c)
That the requested use variance, if granted, would not alter
the essential character of the neighborhood. The Board shall, in granting
both use variance and area variances, have the authority to impose
such reasonable conditions and restrictions as are directly related
to, and incidental to, the proposed use of the property, or the period
of time such time such variance shall be in effect. Such conditions
shall be consistent with the spirit and intent of this chapter and
be imposed for the purpose of minimizing any adverse impact such variance
shall have on the neighborhood or community.
(d)
That the alleged hardship has not been self-created.
(2)
Area variance. Where there are practical difficulties or special
conditions which make regulations governing lot size, yard size and
building height, and all other regulations not specifically related
to use of land or buildings, unreasonable or impossible to comply
with, the Zoning Board of Appeals shall have the authority to vary
or modify these regulations as long as the spirit of the regulation
to be altered is observed. In making its determination, the Board
shall take into consideration the benefit to the applicant if the
variance is granted, as weighed against the detriment to the health,
safety and welfare of the neighborhood or community by such grant.
In granting an area variance the Board shall find:
(a)
That no undesirable change will be produced in the character
of the neighborhood or the detriment to nearby properties by the granting
of the area variance.
(b)
That the benefits sought by the applicant cannot be achieved
by some other method, feasible for the applicant to pursue, other
than an area variance.
(c)
That the requested area variance is substantial.
(d)
That the proposed variance will not have an adverse effect and/or
impact on the physical or environmental conditions of the neighborhood
or district.
(e)
That the alleged difficulty was not self-created, which consideration
shall be relevant to the decision of the Board of Appeals but not
necessarily preclude the granting of the variance. The Board, in granting
a variance, shall grant the minimum variance it shall deem necessary
and adequate and at the same time preserve and protect the character
of the neighborhood and the health, safety and welfare of the community.
(Note: Takes effect July 1, 1992.)
The Board of Appeals may reduce residential lot area minimums
and building line minimums required by zoning district regulations
for residential districts upon finding that such smaller lot is compatible
with existing development on adjacent lots, and adequate to support
individual water supply and sewage disposal systems or served by public
water and sewage disposal systems.
A.
No lot width or area shall be reduced to less than 50% of those required
by the district regulations.
B.
No lot area shall be reduced to less than the minimum required by
State Board of Health requirements based upon percolation test results.
C.
All construction on such lot shall comply with all yard requirements
unless a variance has been granted by the Board of Appeals.
A.
The Board of Appeals and Planning Board shall act in strict accordance
with the procedures specified by the Village Law and by this chapter.
All applications made shall be in writing on forms (in triplicate)
prescribed by the Board which determines whether to grant or deny
the application. Every application shall refer to the specific provision
of the chapter involved, or shall set forth the interpretation requested,
the use for which a special permit or variance is sought, or details
of the variance that is applied for the grounds upon which it is claimed
that the application should be granted.
B.
In any application for a variance, the Secretary of the Zoning Board
of Appeals shall, at least 30 days before the date of the public hearing,
transmit to the Planning Board a copy of the application and notice
of the hearing. The Planning Board shall submit a report of its advisory
opinion prior to the hearing. Failure of the Planning Board to submit
a report shall be deemed to signify approval of the application.
C.
In every case where a special permit is required by this chapter,
the Planning Board shall issue such permit only after a public hearing
has been held by said Board.
D.
Every decision of the Board of Appeals and Planning Board shall be
by resolution (with a roll call vote with stated reasons for opinions),
shall contain a full statement of the finding of facts in the case,
and shall be recorded in their minutes.
An application for a special permit shall be accompanied by
three sets of preliminary plans, and other descriptive matter to portray
clearly the intentions of the applicant. These documents shall become
part of the record. Such plans shall show the location of all buildings,
parking, access and circulation, open space, landscaping, septic and
drainage and all other information necessary to determine if the proposed
special use meets the requirements of this chapter.
The Planning Board may issue a special permit only after it
has found that all the following standards and conditions have been
satisfied:
A.
The location, the size and the use and structure, the nature and
intensity of operations involved, the size of the site in relation
to it, and the location of the site with respect to streets giving
access to it, are such that it will be in harmony with orderly development
of the district, including the effect on the environment.
B.
Location, nature and height of building, walls and fences will not
discourage the appropriate development and use of adjacent land and
buildings, or impair their value or alter the character of the area.
C.
The special use shall not conflict with any adopted Master Plan,
or part thereof.
D.
Operations of any special use shall not be more objectionable to
nearby properties than would be the operations of any permitted use.
E.
No special permit shall be issued for a use on a property where there
is an existing violation of this chapter, with the exception that,
upon a showing of undue hardship, the Planning Board shall have the
power to waive this standard.
The Planning Board may determine that additional standards should
be imposed upon the special permit to provide adequate safeguards
to protect the health, safety, orals or general welfare of the public,
including the effect on the environment, and for the preservation
of character of the neighborhood in which such proposed specially
permitted use is to be placed and to minimize possible detrimental
effects of the use upon adjacent property.
If the Planning Board determines, pursuant to § 160-27, that additional standards be imposed upon the special permit, it may condition the granting of the special permit upon compliance with certain conditions specified by said Board. Compliance with said conditions shall be mandatory throughout the duration of the special permit and failure to conform to the conditions shall be grounds for revocation of the special permit. Upon revocation of the special permit, the Zoning Enforcement Officer may institute legal action as authorized in § 160-13.
In every case where a variance is required by this chapter,
the Board of Appeals shall issue only after:
An application for a variance shall be accompanied by three
sets of preliminary plans (if or as pertinent to variance request)
and other descriptive matter to portray clearly the intentions of
the applicant. These documents shall become part of the record. Such
plans shall show location of all buildings, parking, access and circulation,
open space, landscaping, septic and drainage and all other information
requirements of this chapter.
The Planning Board may recommend that additional conditions
be imposed upon the variance to provide adequate safeguards to protect
the health, safety, morals, and general welfare of the public, including
the effect on the environment, and for preservation of the general
character of the neighborhood in which such proposed variance is to
be placed, and to minimize possible detrimental effects of the variance
upon the adjacent property.
The Zoning Board of Appeals may, with or without the prior recommendation of the Planning Board, condition the granting of a variance upon compliance with certain conditions specified by the Zoning Board of Appeals. Compliance with said conditions shall be mandatory throughout the duration of the variance, and failure to conform to said conditions shall be grounds for revocation of the variance. Upon revocation of the variance, the Zoning Enforcement Officer may institute legal action as authorized in § 160-13.
In any district in which a home occupation is permitted by special
permit or with special conditions, such home occupation shall be permitted
when:
A.
It is located within a dwelling unit or in a building accessory to
such a dwelling unit and on the same lot.
B.
It is operated by a person or persons living in the dwelling in which
the home occupation is located.
C.
It produces no unusual demand for parking and does not display or
create outside the building any evidence of the home occupation except
that one nonilluminated sign shall be permitted.
D.
It uses not more than 25% of the gross floor area when such home
occupation is located within a dwelling.
E.
If located in any accessory building, such accessory building has
no more than 1,000 square feet of ground floor area.
In any district in which a home professional office is permitted
by special permit, such home professional office shall be permitted
when it:
A.
Is located within a dwelling unit or in a building accessory to such
dwelling and on the same lot.
B.
Is occupied and used by a person or persons living in the dwelling
and not more than two additional persons of the same profession.
C.
Uses not more than 25% of the gross floor area when such office is
located within a dwelling.
D.
Provides adequate off-street parking space in accordance with the
requirements of this chapter, which parking space is not located in
any required front yard area and is paved and landscaped to screen
it from adjacent properties.
E.
Does not require a sign that is greater than eight square feet in
area or which is illuminated.
F.
Has been approved by the Planning Board through the site plan review
process.
