[HISTORY: Adopted by the Board of Trustees
of the Village of Lawrence during codification; see Ch. 1, General
Provisions, Art II.[1] Amendments noted where applicable.]
[Added 7-13-2010 by L.L. No. 5-2010[1]]
A.
Pursuant
to Municipal Home Rule Law § 10(l)(ii)(e)(3) and other provisions
of State law vesting in the Village Board of Trustees, the following
sections of the Village Law are hereby amended and superseded with
respect to the Village of Lawrence, to read as follows:
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§ 7-712, Subdivision 2. Appointment of members. The
existing five-member Board of Appeals of the Village of Lawrence is
continued, and all members of such board may continue to serve on
such board for the remainder of the terms for which they were duly
appointed. The Board of Trustees shall appoint the members of the
Board of Appeals and the chairperson and vice-chairperson thereof.
In the absence of the chairperson and vice-chairperson, the Board
of Appeals may designate a member to serve as acting chairperson.
The Board of Trustees may appoint and provide for compensation to
be paid to experts, clerks and a secretary and provide for such other
expenses as may be necessary and proper, not exceeding the appropriation
made by the Board of Trustees for such purpose.
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§ 7-712, Subdivision 4. Terms of members.
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(a)
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Each member of the Board of Appeals in office at the effective
date of this law may continue to hold office for the balance of the
term for which each such member was appointed. Upon the expiration
of each such term, the successor to each such member shall be appointed
for a term of three official years.
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(b)
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The appointment of a member to the board for the term of office
which commences on July 5, 2010 shall be for a term of three official
years, and upon the expiration of any such term, the successor to
such member shall serve a term of three official years.
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(c)
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The term of office of the chairperson and vice-chairperson shall
be coterminous with such member's term of office as a member
of the Board of Appeals.
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[Added 7-13-2010 by L.L. No. 5-2010]
The Board of Appeals heretofore established is hereby continued, and shall consist of members appointed pursuant to the Village Law of the State of New York as amended and superseded pursuant to Section 6-1 hereof. Such members shall serve without compensation, except that the board of trustees may, in its sole discretion, permit reimbursement of actual expenses incurred by such members in the performance of their duties.
[Amended 2-14-2008 by L.L. No. 1-2008; 3-31-2009 by L.L. No.
3-2009; 7-13-2010 by L.L. No. 5-2010]
A.
All meetings of the Board of Appeals shall be held in accordance
with the New York State Open Meetings Law.
B.
The Board of Appeals shall have power from time to time to make rules
as to the manner of filing appeals and applications within the jurisdiction
of the Board of Appeals, and shall otherwise be bound by the provisions
of the Village Law. Existing rules and practice are continued until
repealed or amended.
The applicant shall pay, upon filing his application,
the fee provided in Chapter A219, Fees, of this Code.
In addition to the powers granted to the Board
of Appeals by the Village Law, the Board shall have the following
discretionary powers:
A.
To establish appropriate requirements, in conformity with the general purposes and intent of this chapter, Chapter 12, Building Design, Board of, and Chapter 212, Zoning, for irregular lots or lots of less than the required area or depth, in any district existing at the effective date of this chapter, Chapter 12, Building Design, Board of, and Chapter 212, Zoning.
B.
To grant temporary and conditional permits of limited
duration for nonconforming uses and buildings in undeveloped regions.
C.
To determine and establish the true location of district
boundaries in any disputed case.
D.
Where a district boundary line divides a lot in single ownership at the date of the adoption of Chapter 212, Zoning, to permit a use authorized on the less highly restricted portion of said lot to be extended into the more highly restricted portion of such lot.
E.
To permit the extension or enlargement of a nonconforming use or building existing at the date of the enactment of Chapter 212, Zoning.
F.
To permit any public utility in a restricted district
if the Board is satisfied that public convenience and necessity require
it.
G.
Where the street layout actually on the ground varies
from the street layout as shown on the Building Zone Map, to apply
the use and other regulations to the ground in such a way as to carry
out the intent and purpose of the map for such particular area.
H.
To determine, in the case of an irregular lot or in
a disputed case, the identity of the front, rear or side of a building
and the location of the front yard, the rear yard or the side yards
thereof.
K.
To exercise the powers conferred upon it, directly
or by implication, by this chapter or any other chapter or local law.
For the purpose of §§ 6-4 through 6-6, the objective of Chapter 212, Zoning, is to confine business to the business district, to strictly construe the uses permitted in the business district, to encourage the development of multiple dwellings in the business district, to limit two-family dwellings to the property along the northerly and westerly boundaries of the Village and to preserve and permit the development of the rest of the Village as a place for one-family houses for yearround occupancy and, in the case of the Residence AA and Residence A Districts, located on large, well-planted and landscaped sites.
The Board of Appeals shall also have the following
special powers:
A.
Where a lot is situated partly within the Village and partly outside the Village, the Board of Appeals may permit the regulations of Chapter 12, Building Design, Board of, and Chapter 212, Zoning, to be applied to the entire lot, or such portion of it as the Board may determine, in the same manner and to the same extent as if such lot, or portion thereof, had been situated entirely within the Village and within the same zoning district established by Chapter 212, Zoning. For such purpose, the Board may impose conditions, by way of deed restrictions or otherwise, which assure that the portion of the lot outside of the Village is not severed or detached and is effectively bound by the regulations as so applied to the same extent as the portion of the lot within the Village.
B.
The Board of Appeals may permit public garages and
automobile filling and service stations in the business district,
subject, in each case, to the following conditions:
(1)
That no part of the lot upon which such use is permitted
is situated within 200 feet of a church or a public or private school.
(2)
That there shall be submitted to the Board the written
consent of the owners and mortgagees covering 75% of the area of all
property situated within 200 feet of the property in respect to which
the permission is sought and of all property situated more than 200
feet distant deemed by the Board to be immediately affected by the
proposed use.
C.
In determining whether or not to permit a social club
in a residence district, the Board may impose such terms and conditions
as it may determine for the protection of the property or the occupants
thereof whom the Board may deem affected by such use.
In granting permits, approvals and special exceptions and in exercising the powers conferred upon the Board of Appeals by §§ 6-4 through 6-6, the Board of Appeals shall be govered by the following conditions, limitations and standards:
A.
No person shall be entitled as a matter of right to
a variance, permit, approval or other favorable action by the Board
of Appeals.
B.
The Board of Appeals may refuse to exercise the discretionary powers conferred upon it by §§ 6-4 and 6-5 or the special powers conferred upon it by § 6-6. If it does so refuse, the applicant shall not be entitled to the relief sought and shall comply with the provisions of Chapter 212, Zoning, that control in the absence of such variance, special exception, permit or approval by the Board of Appeals.
C.
The powers of the Board of Appeals under §§ 6-4 through 6-6 are not limited to cases where there are practical difficulties or unnecessary hardship. In the absence of practical difficulties and unnecessary hardship, the Board of Appeals shall act only in such a manner as, in the judgment of the Board, will be in harmony with the provisions and purposes of the legislation and will preserve the spirit of the legislation and secure public safety and welfare and do substantial justice.
D.
No action shall be taken by the Board of Appeals, the effect of which, in the judgment of the Board, would impair or tend to impair the value or character or desirability of properties in the Village for the purposes stated in Subsection D of the section or which would permit or tend to permit the introduction into the village of a type of development not established in the Village at the date of the adoption of this chapter, Chapter 12, Building Design, Board of, and Chapter 212, Zoning.
E.
In granting relief, the Board of Appeals may impose conditions which, in its judgment, will tend to carry out the purpose of this section, including but not limited to determining the location of the proposed structure or the landscaping thereof and requiring a larger size of lot or smaller building area or larger front, rear or side yards than required by Chapter 212, Zoning, for the district in which the lot is situated.
F.
In case conditions are imposed, the Board may require
the applicant to furnish the bond of a surety company satisfactory
to the Board in an amount fixed by the Board to assure the performance
of such conditions.
