The Board of Appeals shall have the following
powers:
A. Administrative review.
(1) To hear and decide appeals from and review any order,
requirement, decision or determination made by the Zoning Enforcement
Officer or other administrative officer carrying out or enforcing
any provision of this chapter.
(2) The Board may reverse or affirm, wholly or partly,
or may modify the order, requirement, decision or determination appealed
from and shall make such order, requirement, decision or determination
as, in its opinion, ought to be made.
(a)
Appeal. An appeal to the Board of Appeals for
administrative review may be taken by any person, firm or corporation
aggrieved, or by any governmental officer, department, board or bureau
affected by any decision of the Zoning Enforcement Officer based in
whole or in part upon the provisions of this chapter. Such appeal
shall be taken by filing with the Board of Appeals a notice of appeal
specifying the grounds thereof. The Zoning Enforcement Officer shall
forthwith transmit all papers constituting the record upon which the
action appealed from was taken to the Board of Appeals.
(b)
Stay of proceedings. An appeal stays all proceedings
in furtherance of the action appealed from, unless the Zoning Enforcement
Officer from whom the appeal is taken certifies to the Board of Appeals
after the notice of appeal shall have been filed with him that, by
reason of facts stated in the certificate, a stay would, in his opinion,
cause imminent peril to life or property, in which case proceedings
shall not be stayed otherwise than by a restraining order which may
be granted by the Board of Appeals or by a court of record on application,
on notice to the Zoning Enforcement Officer and on due cause shown.
B. Variance. To hear applications for variance from the terms
of this chapter as will not be contrary to public interest where,
owing to unique conditions, a literal enforcement of the provisions
of this chapter will result in unnecessary hardship, while adhering
to the spirit of this chapter and doing substantial justice.
(1) Area variance. An area variance is one which does
not involve a use which is prohibited by this chapter. When the variance
requested would vary the required yard, setback, height or similar
regulations, the Zoning Board of Appeals may grant said variance upon
finding that the variance sought would meet the requirements of Village
Law § 7-712-b, Subdivision 3.
[Amended 5-11-1998 by L.L. No. 1-1998]
(2) Use variance. A use variance would allow an applicant
to utilize land for a use not allowed in the district's regulations.
The Zoning Board of Appeals may grant said variance upon finding that
the variance sought would meet the requirements of Village Law § 7-712-b,
Subdivision 2.
[Amended 5-11-1998 by L.L. No. 1-1998]
Any person or persons, jointly or severally
aggrieved by any decision of the Board of Appeals, may apply to the
Supreme Court for relief by a proceeding under Article 78 of the Civil
Practice Law and Rules. It must be instituted within 30 days after
the filing of a decision in the office of the Village Clerk.
[Amended 11-18-2009 by L.L. No. 1-2009]
A. Variance applications shall be referred to the Dutchess County Department
of Planning and Development pursuant to § 239-m of the General
Municipal Law for review, as required.
B. Within 30 days after final action by the Zoning Board of Appeals on a matter referred to it pursuant to Subsection
A, or such shorter period as may be prescribed by the General Municipal Law, the Zoning Board shall file a report of the final action it has taken with the Dutchess County Department of Planning and Development.
[Amended 11-18-2009 by L.L. No. 1-2009]
A. The regulations, restrictions and boundaries established by this
chapter may from time to time be amended, supplemented, changed or
modified or repealed. However, pursuant to § 239-m of the
General Municipal Law, proposed zoning amendments shall be referred
to the Dutchess County Department of Planning and Development for
review, as required.
B. Within 30 days after final action by the Village Board of Trustees on a matter referred to it pursuant to Subsection
A, or such shorter period as may be prescribed by the General Municipal Law, the Village Board shall file a report of the final action it has taken with the Dutchess County Department of Planning and Development.