The Board of Appeals shall hear and decide appeals
from and review any order, requirement or decision or determination
made by an administrative official charged with the enforcement of
this chapter or of any other ordinances or local laws adopted by the
Village Board of Trustees pursuant to Article 7 of the Village Law,
or otherwise, and shall also hear and decide all matters referred
to it upon which it is required to pass under this chapter or any
other local law or ordinance now or hereafter enacted.
[Amended 12-10-1990 by L.L. No. 10-1990; 9-19-1994 by L.L. No. 7-1994]
In addition to any requirements of the Village
Law of the State of New York, the following procedures shall apply:
A. Notice of appeal shall be filed with the Code Enforcement
Officer in writing in a form required by the Board of Appeals within
30 days of the date of the action appealed from specifying the grounds
thereof. This limitation on time within which a notice of appeal may
be filed is established by the Village pursuant to the powers granted
by the Municipal Home Rule Law.
B. The appellant or the applicant shall pay a filing
fee in such amount as shall be established from time to time by the
Village Board of Trustees. The Code Enforcement Officer shall forthwith
transmit to the Chairman of the Board of Appeals all papers in connection
with any application for variance or all the papers constituting the
record upon which the action appealed from was taken.
[Amended 7-18-2011 by L.L. No. 4-2011]
C. The Board of Appeals shall set a reasonable date for
the hearing of each application or appeal, which shall be not more
than 30 days beyond the date on which the application or the appeal
was filed with the Code Enforcement Officer. The applicant or appellant
may appear in person, by agent or by attorney.
D. Any action or decision of the Board shall be by resolution
adopted by the Board and shall set forth specifically and concisely
the action taken or the determination made by the Board and, whenever
appropriate, the reasons therefor.
E. Use variance. The Board of Appeals, on appeal from the decision or
determination of the administrative officer charged with the enforcement
of such local law, shall have the power to grant use variances, as
defined herein. No such use variance shall be granted by the Board
of Appeals without a showing by the applicant that applicable zoning
regulations and restrictions have caused unnecessary hardship. In
order to prove such unnecessary hardship, the applicant shall demonstrate
to the Board of Appeals that for each and every permitted use under
the zoning regulations for the particular district where the property
is located, the following conditions apply:
[Amended 7-18-2011 by L.L. No. 4-2011]
(1) Economic return. That the building or land in question cannot yield
a reasonable economic return if used only for a purpose permitted
in the district as demonstrated by competent financial evidence. Proof
of a more profitable return if the variance is granted is not, in
itself, evidence of economic hardship.
(2) Unique circumstances. That unique circumstances exist for the land
or building in question which are not generally found throughout the
district and which deprive the applicant of the reasonable use of
such land or building.
(3) Neighborhood character. That granting the variance will be in harmony
with the spirit and intent of this chapter and will not alter the
essential character of the surrounding neighborhood.
(4) That the hardship claimed is not self-created.
F. The Board of Appeals, in granting of use variances, shall grant the
minimum variance that it shall deem necessary and adequate to address
the unnecessary hardship proved by the applicant, and at the same
time preserve and protect the character of the neighborhood and the
health, safety and welfare of the community.
[Added 7-18-2011 by L.L. No. 4-2011]
G. Area variance. The Board of Appeals shall have the power, upon an
appeal from the decision or determination of the administrative officer
charged with the enforcement of such local law, to grant area variances,
as defined herein. In making its determination, the Board of Appeals
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 making such determination the Board of Appeals shall also consider:
[Amended 7-18-2011 by L.L. No. 4-2011]
(1) Whether an undesirable change will be produced in the character of
the neighborhood or a detriment to nearby properties will be created
by the granting of the area variance;
(2) Whether the benefit sought by the applicant can be achieved by some
method, feasible for the applicant to pursue, other than an area variance;
(3) Whether the requested area variance is substantial;
(4) Whether the proposed variance will have an adverse effect or impact
on the physical or environmental conditions in the neighborhood or
district; and
(5) Whether the alleged difficulty was self-created; which consideration
shall be relevant to the decision of the Board of Appeals, but shall
not necessarily preclude the granting of the area variance.
H. The Board of Appeals, in granting of area variances, shall grant
the minimum variance that 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.
[Added 7-18-2011 by L.L. No. 4-2011]
I. Conditions and safeguards. The Board of Appeals, in making any determination
or decision, may attach such conditions thereto as the Board deems
necessary to carry out the purposes and maintain the integrity of
this chapter and protect the rights of the owners of property in the
vicinity.
[Amended 7-18-2011 by L.L. No. 4-2011]
J. Any special use, permit or variance which is not exercised within
one year from the date of issuance is hereby declared to be revoked
without further hearing or action by the Board of Appeals.
[Amended 7-18-2011 by L.L. No. 4-2011]
K. In rendering any decision or making any determination, the Board
of Appeals shall include the following statement: "Any person or persons
jointly or severally aggrieved by any decision or determination of
the Board of Appeals may apply to the Supreme Court of the State of
New York for relief, provided that such proceeding must be instituted
as provided by law within 30 days after the filing of the decision
in the office of the Village Clerk." However, the failure to include
this provision in any such decision or determination shall not affect
the validity or enforceability of any such decision or determination
made by the Board of Appeals.
[Amended 7-18-2011 by L.L. No. 4-2011]
L. Upon application of any interested party, the Board of Appeals may,
at the time and place for which a hearing was scheduled, grant a reasonable
adjournment, as it may, in its discretion, determine, if the ends
of justice will be promoted thereby. Such application shall be read
aloud, and the Board may hear arguments for and against such adjournment
from any interested party.
[Amended 7-18-2011 by L.L. No. 4-2011]