A.
There shall be a Board of Appeals of five members
pursuant to the provisions of § 7-712 of the Village Law.
Each member of the Board of Appeals shall be appointed for a term
of five years by the Mayor, subject to the approval of the Village
Board. The members of such Board in office on the effective date of
this chapter shall continue in office until the end of the terms for
which they were appointed and until their successors have been appointed
as herein provided. Appointments shall be for terms so fixed that
one shall expire annually and succeeding appointments shall be for
five-year terms. The Village Board shall appoint a Chairperson each
year or, during the absence of such designation, a Chairperson may
be chosen by the Board of Appeals. The Village Board may appoint a
Secretary to the Board of Appeals who is not a member of either said
Boards. The Board of Appeals shall prescribe rules for the conduct
of its affairs as provided by the Village Law of the State of New
York. The Board of Appeals may pay for the services of its Secretary
or experts, but not in an amount exceeding the budget appropriation
for the Board of Appeals made by the Village Board. The Board of Appeals
already established shall continue to function under the provisions
of this chapter and under the provisions of the Village Law of the
State of New York.
B.
There shall be two alternate members of the Board
of Appeals who shall be appointed by the Mayor, subject to approval
by the Village Board for terms of two years each, except that the
term of one of the alternate members initially appointed shall be
one year. Thereafter, the term of each alternate member shall be two
years from and after the expiration of the term of their predecessors
in office. One alternate member shall be designated at the time of
appointment as first alternate member. The other alternate member
shall be designated at the time of appointment as second alternate
member. The first alternate member shall sit as a member of the Board
of Appeals to hear and determine in those matters before the Board
whenever a regular member of the Board shall be disqualified from
participating in such matter due to conflict of interest or unable
to participate in hearing and determining such matter due to temporary
inability to serve because of illness, absence or disability. In the
event that more than one regular member of the Board of Appeals shall
be disqualified or unable to participate in hearing and determining
a particular matter for the reasons hereinabove set forth, the second
alternate member shall sit as a member of the Board for the purpose
of hearing and determining such matter. When so sitting to hear and
determine a matter before the Board, each alternate member of the
Board shall have the same powers and privileges as a regular member
of the Board.
The Board of Appeals shall have all the powers
and duties prescribed by the Village Law of the State of New York
and by this chapter which are hereinafter more particularly specified,
provided that none of the following provisions shall be deemed to
limit any power of the Board that is conferred by law.
The Board of Appeals may, on appeal from an
order, requirement, decision or determination made by an administrative
official or on request by any official, board or agency of the Village,
determine the meaning of any portion of the text of this chapter or
of any condition or requirement specified or made under the provisions
of this chapter.
A.
Authority. On appeal from an order, requirement, decision
or determination made by a Department of Building and Code Enforcement
Official or on referral of an applicant to the Board of Appeals by
an approving agency acting pursuant to this chapter, the Board of
Appeals is authorized to vary or modify the strict application of
any of the requirements of this chapter, except where otherwise provided,
when such strict application would result in practical difficulty
or unnecessary hardship that would deprive the owner of the reasonable
use of the land or structure involved.
B.
Area variances.
(1)
Where, because of practical difficulty, an applicant
requests a variance of the bulk requirements of this chapter, the
Board of Appeals may grant a variance in the application of the provisions
of this chapter, provided that in each specific case, the Board of
Appeals shall find that the application of the requirements of this
chapter to the land or building in question creates such practical
difficulty. In making this determination, the Board of Appeals shall
consider each of the following:
(a)
The variation is not substantial in relation
to the requirements.
(b)
The variation would not cause an undue increase
of vehicular traffic on streets or roadways.
(c)
The effect of any increased population density
which may thus be produced upon available municipal services and facilities
is not significant.
(d)
A substantial change in the character of the
neighborhood or a substantial detriment to adjoining properties will
not be created.
(e)
The difficulty cannot be alleviated by some
method feasible for the applicant to pursue other than a variance.
(f)
In view of the manner in which the difficulty
arose and considering all of the above factors, the interests of justice
will be served by allowing the variance.
(g)
The variation would not cause adverse aesthetic,
environmental or ecological impacts on the property or on surrounding
areas.
(h)
Was the alleged difficulty 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.
(2)
Area variances of the bulk requirements of this
chapter shall be deemed to include, but shall not be limited to, provisions
prescribed for height, yard, lot building location, lot coverage by
buildings and/or structures, minimum habitable floor area, play space,
off-street parking space, off-street loading space and other space,
area and dimension regulations.
C.
Use variances. Where, because of unnecessary hardship
relating to the land in question, an applicant requests a variance
of the use requirements of this chapter for a use not permitted in
the district in which the land is located, the Board of Appeals may
grant a variance in the application of the provisions of this chapter,
provided that in each specific case, the Board of Appeals shall find
that the application of the requirements of this chapter to the land
in question creates such unnecessary hardship. No such variance shall
be granted by the Board of Appeals without a showing by the applicant
that the applicable zoning regulations and restrictions have caused
unnecessary hardship. In making this determination, the Board of Appeals
shall consider each of the following:
(1)
After considering all permitted uses allowed
in its districts, the applicant is deprived of all economic use or
benefit from the property in question, which deprivation must be established
by competent financial evidence.
(2)
The plight of the owner is due to unique circumstances
affecting the property which is the subject of the application and
not to general conditions in the zoning district.
(3)
The use to be authorized by the variance will
not alter the essential character of the neighborhood or locality.
(4)
The use to be authorized by the variance is
in reasonable harmony with the intent of this chapter.
(5)
The unnecessary hardship claimed as a ground
for the variance has not been created by the owner or by a predecessor
in title.
(6)
Findings. In addition to the foregoing, no variance
of any of the provisions of this chapter shall be granted by the Board
of Appeals unless it finds:
(a)
That there are special circumstances or conditions
fully described in the findings of the Board of Appeals applying to
the land or building for which the variance is sought, which circumstances
or conditions are unique to such land or building and do not apply
generally to land or buildings in the zoning district and have not
resulted from any act of the applicant.
(b)
That for reasons fully set forth in the findings
of the Board of Appeals, the aforesaid circumstances or conditions
are such that the strict application of the provisions of this chapter
would deprive the applicant of the reasonable use of such land or
building and that the variance as granted by the Board of Appeals
is the minimum variance that will accomplish this purpose. To this
end, the Board may permit a lesser variance than that applied for.
(c)
That the granting of the variance will be in
harmony with the general purpose and intent of this chapter and will
not be injurious to the neighborhood or otherwise to the public health,
safety and welfare.
(7)
Conditions. In granting any variance, the Board
of Appeals may impose any conditions that it may deem necessary to
accomplish the purposes of this chapter. As a condition of the issuance
of any such variance, the Board may require that the variance shall
be periodically renewed. In addition, the Board of Appeals may grant
a temporary variance, subject to adequate guaranties that the use
will be terminated at the end of the period specified or such extension
thereof as may be granted by said Board, provided that any such renewal
or extension shall be subject to the same procedure as specified herein
for the original granting of the variance.
(8)
Permits and certificates. The Board of Appeals,
after a public hearing, shall have the power to authorize the Superintendent
to issue a building permit, certificate of occupancy or certificate
of use, as the case may be, subject to other applicable laws, codes,
rules and regulations.
(9)
Fees. Fees for applications for variances shall
be established by the Village Board by resolution at an open meeting.
A.
The Board of Appeals shall have the power to issue special use permits for specified uses expressly permitted by this chapter, subject to the specific and general conditions set forth in Article XX of this chapter.
B.
Fees. Fees for applications for special use permits
shall be established by resolution of the Village Board at an open
meeting.
Any person aggrieved by any decision of the
Board of Appeals hereunder may, within 30 days of filing of the decision
with the office of the Village Clerk, seek judicial review of such
determination pursuant to Article 78 of the Civil Practice Laws and
Rules.
A.
The Board of Appeals may adopt rules and regulations
with respect to procedure before it and with respect to any subject
matter over which it has jurisdiction subject to approval of the Village
Board. Such regulations shall include provisions for conduct of meetings,
notification of parties, form of applications and filing of decisions.
B.
Every decision of the Board of Appeals shall be recorded
in accordance with a standard format adopted by the Village Board,
shall fully set forth the circumstances of the case and shall contain
a record of findings on which the decision is based. Every decision
of said Board shall be filed in the offices of the Village Clerk within
five business days after the day such decision is rendered. Such decision
shall be signed by the Chairman.
C.
On all appeals and applications under this article,
the Board of Appeals, in addition to the requirements specifically
set forth in this section, shall give consideration to the health,
safety, convenience and general welfare of the Village and of its
property owners and residents and shall act in harmony with the general
purpose and intent of this chapter and of the applicable provisions
of the Village Law. The determination of the Board of Appeals on all
appeals and applications under this section shall be made in furtherance
of the purposes set forth in this chapter.
D.
The Board shall not approve any application or appeal
under any of the provisions of this section unless it considers in
each case that the proposed use of the property or the erection, alteration
or maintenance of the proposed building or structure:
(1)
Will not depreciate or tend to depreciate the
value of property in the Village;
(2)
Will not create a hazard to health, safety,
morals or general welfare;
(3)
Will not be detrimental to the neighborhood
or to the residents thereof;
(4)
Will not alter the essential character of the
neighborhood; and
(5)
Will not otherwise be detrimental to the public
convenience and welfare.
E.
The Board of Appeals shall hold a public hearing on
every appeal and application made to it except a request by any official,
board or agency of the Village on a question of interpretation. Notice
of the hearing and of the substance of the appeal shall be given by
publication in the official newspaper of the Village at least 10 days
before the date of such hearing. In addition to such publicized notice,
the Board of Appeals shall give notice of the substance of every appeal
together with notice of the hearing thereon by mailing postal-card
notices, at least 10 days before the date of said hearing, to the
owners of all land lying within a distance of 300 feet from the exterior
boundaries of the land involved in such appeal or application as the
names of said owners appear on the last completed assessment roll
of the Village. The applicant shall bear the expense of such mailing
which shall be in addition to any application fee.
F.
Whenever a variance or special use permit is granted
by the Board of Appeals, such variance or special use permit shall
be acted upon within one year after the granting of the same unless
an extension shall be granted by the Board of Appeals because of the
occurrence of unforeseen conditions at the time of the granting of
such variance or special use permit. If not so acted upon and completed
within one year after the granting of the same, unless extended as
aforesaid, such variance or special use permit shall automatically
expire without notice.
G.
All appeals and applications made to the Board of
Appeals shall be in writing on forms prescribed by the Board of Appeals
and approved by the Village Board, and each appeal or application
shall fully set forth the circumstances of the case. Each appeal or
application shall refer to the specific provision of this chapter
involved and shall exactly set forth, as the case may be, the interpretation
that is claimed, the details of the variance or special use permit
that is applied for and the grounds on which it is claimed that the
same should be granted, the use for which the variance or special
use permit is sought and the details of any other application to said
Board, or other boards where applicable. Every decision of the Board
of Appeals shall be recorded in accordance with standard forms adopted
by the Board of Appeals and shall fully set forth the circumstances
of the case and the findings on which the decision is based.
H.
All provisions of this chapter relating to the Board
of Appeals shall be strictly construed. The Board of Appeals, as a
body of limited jurisdiction, shall act in full conformity with all
provisions of law and of this chapter and in strict compliance with
all limitations contained herein.
A.
Any application before the Board of Appeals shall
be referred to the Nassau County Planning Commission as required in
General Municipal Law §§ 239-l, 239-m and 239-n and
the Nassau County Charter § 1610 not less than 35 days prior
to a public hearing.
B.
Failure of the Nassau County Planning Commission to
report its recommendations within 30 days after receipt of a full
statement of such referred material, or such longer period as may
have been agreed upon by it and the Board of Appeals, shall be construed
as approval.
C.
If the Nassau County Planning Commission disapproves
the proposed appeal or application or recommends modification thereof,
the proposal shall not become effective except by a vote of a majority
plus one of all members of the Board of Appeals of a resolution fully
setting forth the reasons for such contrary action.
D.
A report of the decisions of the Board of Appeals
shall be filed with the Nassau County Planning Commission if referral
was initially required.
Fees for any application before the Board of
Appeals, including interpretations, shall be established by the Village
Board by resolution at an open meeting.
