In addition to the authority conferred upon the Board of Appeals under Article
XVIII of this chapter, said Board shall also hear and determine any and all matters referred to it or upon which it is required to pass under this chapter and such other matters as may be required by law.
All applications shall be made and processed
in the same manner as in the case of special exception uses.
Before the Board of Appeals may exercise its
discretion and grant a variance upon the ground of unnecessary hardship,
the record must show that:
A. The property in question cannot yield a reasonable
return if used only for the purpose allowed by this chapter.
B. The hardship is due to unique circumstances and not
to the general conditions in the neighborhood of the property which
is the subject of the appeal.
C. The proposed use will not alter the essential character
of the locality.
[Amended 6-8-2006 by L.L. No. 7-2006; 6-12-2008 by L.L. No.
4-2008]
A. The Board of Appeals shall fix a reasonable time for
the hearing of the appeal or other matter referred to it and shall
give public notice thereof by publication in the official paper of
notice of such hearing, at least five days prior to the date thereof.
Notice shall also be required to be given to all owners of property,
including owners of condominiums, within a distance of 250 feet of
the property lines of the applicant. Said notice shall be in such
form as the Board of Appeals shall prescribe and shall be sent to
each owner within said distance by first class mail to the last known
address on the tax records. With respect to an application for a use
variance, the applicant shall provide a public hearing notice to the
clerk of the neighboring municipality for any action within 500 feet
of a neighboring municipality at least 10 days prior to the date thereof.
Before the hearing, the applicant shall file with the Board of Appeals
affidavits of the publication and mailing of the notice of hearing.
The expense of publishing and mailing any notice required by this
section shall be paid for by the applicant or appellant, as the case
may be.
B. Notification sign.
(1)
With respect to any application for a variance,
the applicant shall place and maintain a sign on the subject property
at least 10 days prior to the date of the first Board of Appeals meeting
for which the application is on the agenda.
(2)
Such sign shall be at least 30 inches in length
by 20 inches in width, shall consist of sturdy and serviceable material
containing a white background with black legible letters of at least
two inches in height, and shall be placed in a location plainly visible
from the most commonly traveled street or highway upon which the property
fronts, but in no case more than 20 feet back from the front lot line.
Such sign shall be at least six feet above the ground and shall read
as follows: "A PROPOSED VARIANCE APPLICATION FOR THIS PROPERTY WILL
BE DISCUSSED AT A BOARD OF APPEALS MEETING ON (fill in date) AT (fill
in time) AT THE SOMERS TOWN HOUSE. FOR INFORMATION CALL (914) 277-5582."
(3)
The applicant shall update the sign and post
it at least 10 days prior to the date of each subsequent meeting or
public hearing. The word "meeting" shall be similarly updated to "public
hearing" and the word "discussed" shall be similarly changed to "heard."
(4)
At least seven days prior to the date of the
meeting or hearing(s) for which the sign is posted, the applicant
shall submit to the Board of Appeals Secretary an affidavit stating
to the fact and date of the posting.
(5)
The applicant shall remove the sign within seven
days after the date of the meeting or hearing for which the sign is
posted.