The Board of Trustees shall appoint a Board
of Appeals pursuant to § 7-712 of the Village Law of the
State of New York,[1]
Meetings shall be held at the call of the Chairman
and at such other times as the Board may determine. The Board shall
adopt rules and regulations governing its procedures. The presence
of three members of the Board shall be necessary for a quorum. The
concurring vote of at least three members shall be necessary to effect
any variation or variance in this chapter, to reverse any order, requirement,
decision or determination appealed from or to decide in favor of the
applicant any matter before the Board. The Board shall keep minutes
of its proceedings, showing the vote of each member on every question,
or if any member is absent or fails to vote, indicating that fact,
and shall also keep records of its examinations and other official
actions. Every rule, determination, regulation, amendment or appeal
thereof and every order, requirement and decision of the Board shall
promptly be filed in the office of the Board and in the office of
the Village Clerk.
A.
General. The Board of Appeals shall have all of the
powers and duties prescribed by the Village Law and by this chapter,
which powers and duties are summarized and more particularly specified
in the following, provided that none of the following sections shall
be deemed to limit any of the powers of the Board of Appeals that
are conferred by the Village Law. In passing upon any matter before
it, the Board shall take into specific consideration the goals of
this chapter.
B.
Rules and regulations. The Board of Appeals may adopt
such rules and regulations as are necessary or proper to the performance
of its powers and duties hereunder and may amend or repeal the same.
C.
Nonconforming uses. The Board of Appeals is authorized to extend the permitted period for cessation of a nonconforming use in accordance with the requirements of § 130-15B(5) of this chapter; to review and approve, approve with modifications or disapprove a plan for reconstruction of a nonconforming building in accordance with the requirements of § 130-15D(2) of this chapter; to permit the change of a nonconforming use to another nonconforming use in accordance with § 130-15E of this chapter; and to review and approve, approve with modifications or disapprove a plan for the improvement of a nonconforming use in accordance with § 130-15F of this chapter.
D.
Variances. On appeal from an order, requirement, decision
or determination made by an administrative official charged with the
enforcement of this chapter or on referral of an applicant to the
Board by an approving agency acting pursuant to this chapter, the
Board of Appeals is authorized to vary or modify the strict letter
of this chapter where its literal interpretation would cause practical
difficulties or unnecessary hardships, as defined in this subsection,
in such manner as to observe the spirit of the chapter, secure public
safety and welfare and do substantial justice.
(1)
Use variances. Where, because of unnecessary hardship
relating to the land, an applicant desires to utilize land for a use
not allowed in the district in which the land is located, the Board
may grant a variance in the application of the provisions of this
chapter in the specific case, provided that as a condition to the
grant of any such variance, the Board shall make each of the following
findings:
(a)
After considering all permitted uses, that the
property in question cannot yield a reasonable return if used only
for a purpose allowed in that district.
(b)
That 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 neighborhood.
(c)
That the use to be authorized by the variance
will not alter the essential character of the locality.
(d)
That the use to be authorized by the variance
is in reasonable harmony with the intent of this chapter.
(e)
That the unnecessary hardship claimed as a ground
for the variance has not been created by the owner or by a predecessor
in title. Mere purchase of the land subject to the restrictions sought
to be varied shall not itself constitute a self-created hardship.
(f)
That within the intent and purposes of this
chapter the variance, if granted, is the minimum variance necessary
to afford relief. To this end, the Board may permit a lesser variance
than that applied for.
(2)
Area variances. Where, because of practical difficulty,
an applicant requests a variance of the lot area or other dimensional
requirements of this chapter, the Board may grant a variance in the
application of the provisions of this chapter in the specific case,
provided that as a condition to the grant of any such variance, the
Board shall make a specific finding that the application of the requirements
of this chapter to the land in question creates such practical difficulty.
In making this determination, the Board shall make each and every
one of the following findings:
(a)
That the variation is not substantial in relation
to the requirement.
(b)
That the effect of any increased population
density which may thus be produced upon available services and facilities
is not significant.
(c)
That a substantial change in the character of
the neighborhood or a substantial detriment to adjoining properties
will not be created.
(d)
That the difficulty cannot be alleviated by
some method feasible for the applicant to pursue other than a variance.
(e)
That, 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.
(f)
That the variation would not cause adverse aesthetic,
environmental or ecological impacts on the property or on surrounding
areas.
E.
Special use permits.
[Added 2-28-1994 by L.L. No. 1-1994[1]]
(1)
General provisions. Special permit uses are listed in § § 130-9C and 130-10D of the Pomona Village Code. Special permit uses for which conformance with additional standards is required by this chapter are deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth herein, in addition to all other requirements of this chapter. All such uses are declared to possess such unique and special characteristics of such unique and special forms that each specific permit shall be considered as an individual case.
(3)
Informal application. Applicants are encouraged to
submit a preliminary, informal application and to discuss it with
the appropriate permitting Board prior to formal submission of a complete
and detailed special permit application. The informal application
should include a schematic plan showing the general layout of the
property and the proposed use. The schematic plan should be submitted
to the appropriate Board not less than three weeks prior to the date
of the Board meeting at which it is to be considered. At that meeting,
the Board shall review the schematic plan and may schedule a field
inspection of the site. The Board shall notify the applicant of any
changes recommended prior to the preparation of a complete site plan.
(4)
Formal application.
(a)
Submission. Formal application for a special
permit shall be made in 12 copies to the Zoning Board or Board of
Trustees, as the case may be. The formal application shall include
the following items:
[1]
A completed special permit application form,
including the name and address of the person, firm or corporation
for whom the use is intended and the name and address of the property
owner. If the applicant or owner is a firm or corporation, the full
name and residence of the firm or principal officers of the corporation
shall be shown;
[2]
A written statement describing the nature of
the proposed use and how it will serve to implement the purposes of
this chapter and the period of time for which the permit is requested;
[3]
Four copies of a site plan with the information
required by § 118-32 of this chapter; and (41 Long environmental
assessment form.
[4]
Long environmental assessment form.
(b)
Referrals.
[1]
The permitting Board shall submit copies of
the special permit application to the Code Enforcement Officer and
Village Engineer and to other Village agencies or officials as it
deems appropriate, all of whom shall inspect the premises and report
their findings to the Board, in writing, within 30 days of the date
of forwarding. The Board may submit copies to the following agencies
for information, review and comment regarding facilities under their
jurisdiction and to any other county, state or federal agency with
jurisdiction: the Rockland County Drainage Agency and the New York
State Department of Transportation.
[2]
The permitting Board shall refer to the Rockland
County Planning Board for its recommendation all matters within the
provisions of Article 12-B, §§ 239-l and 239-m, of
the General Municipal Law which includes real property lying within
500 feet of the boundary of any city, Village or town, or from the
boundary of any existing or proposed county or state park or other
recreation area, or from the right-of-way of any existing or proposed
county or state parkway, thruway, expressway, road or highway or from
the existing or proposed right-of-way of any stream or drainage channel
owned by the county or for which the county has established channel
lines, or from the existing or proposed boundary of any county- or
state-owned land on which a public building or institution is situated,
and any special permit affecting such use or property within a distance
of 500 feet. If the Rockland County Planning Board fails to report
within such period of 30 days or such longer period as has been agreed
upon by it and the permitting Board, the permitting Board may act
without such report. If the Rockland County Planning Board disapproves
the proposal, or recommends modification thereof, the permitting Board
shall not act contrary to such disapproval or recommendation except
by a vote of a majority plus one of all members thereof and after
the adoption of a resolution fully setting forth the reasons for such
contrary action. Within seven days after final action by the Zoning
Board or Board of Trustees, a report shall be filed of the final action
it has taken with the County Planning Board which had made the recommendations,
modifications or disapproval.
(c)
Board action.
[1]
The Zoning Board or Board of Trustees, as the
case may be, shall hold a public hearing within 62 days after the
receipt of a completed special permit application by the clerk of
the appropriate permitting Board. Such hearing shall be advertised
at least once in the official Village newspaper at least five days
before such hearing; be noticed, by certified mail, return receipt
requested, to each owner of the property within 500 feet of the perimeter
of the subject property as indicated on the application for special
permit approval and at least 10 days prior to the public hearing;
and be advertised by the installation of four posters, furnished by
the clerk to the appropriate permitting Board, on the four closest
public roads in visible locations surrounding the proposed special
permit at least 10 days prior to the public hearing. The Zoning Board
or Board of Trustees shall, thereafter, approve, with or without modification,
or disapprove such special permit application within 62 days after
the public hearing. The grounds for a modification or for disapproval
shall be stated upon the record of the Board. Within five days of
the decision of the Board, such decision shall be filed in the office
of the Village Clerk, with a copy of the decision mailed to the applicant
by regular mail. Notwithstanding the foregoing provisions, the time
in which the Board must take action on the special permit application
may be extended by mutual consent of the applicant and the permitting
Board.
[2]
In approving applications for special use permits,
the Zoning Board of Appeals or Board of Trustees may impose such reasonable
conditions and restrictions as are directly related to and incidental
to the proposed special use permit. Upon granting of said special
use permit, any such conditions must be met in connection with the
issuance of any building permits by the Code Enforcement Officer.
[3]
The Zoning Board of Appeals or Board of Trustees
may, however, when reasonable and proper, waive any preestablished
requirements of approval of a special use permit where such requirements
are found not to be requisite in the interest of the public health,
safety or general welfare or inappropriate to the particular special
permit use.
[4]
Where a proposed special use permit contains
one or more features which do not comply with the Zoning Code, application
may be made directly to the Zoning Board of Appeals for a variance
without the necessity of a decision or determination of the Code Enforcement
Officer. Said application may be taken up simultaneously with the
special permit application.
(5)
Site plan application. Site plan approval under § 118-32
of this chapter is required for all special permit uses. Insofar as
practicable, special use permit and site plan approval procedures
shall run concurrently.
(6)
General standards. All special permit uses shall comply
with the following standards, in addition to the site plan standards
of this chapter. The permitting Board shall attach such additional
conditions and safeguards to any special permit as are, in its opinion,
necessary to ensure initial and continual conformance to all applicable
standards and requirements.
(a)
The location and size of the special permit
use, nature and intensity of the operations involved in it or conducted
in connection with it, the size of the site in relation to it and
the location of the site with respect to streets giving access to
it are such that it will be in harmony with the appropriate and orderly
development of the area in which it is located.
(b)
The location, nature and height of buildings,
walls and fences and the nature and extent of existing or proposed
plantings on the site are such that the special permit use will not
hinder or discourage the appropriate development and use of adjacent
land and buildings.
(c)
Operations in connection with any special permit
use will not be more objectionable to nearby properties by reason
of noise, traffic, fumes, vibration or other characteristics than
would be the operations of permitted uses not requiring a special
permit.
(d)
Parking and loading areas will be of adequate
size for the particular special permit use, properly located and suitably
screened from adjoining residential uses, and the entrance and exit
drives shall be laid out so as to achieve maximum convenience and
safety.
(e)
The special permit use will not result in diminution
of the value of property in the neighborhood or a change in the character
of the neighborhood in which the use would be situated.
(7)
Expiration, temporary permits, inspection and change.
(a)
A special permit shall be deemed to authorize
only the particular use or uses specified in the permit and only for
the original applicant and shall expire if said use shall cease for
more than one year for any reason, or if substantial construction,
in accordance with the special permit, has not been completed within
one year from the date of issue or if all such required improvements
are not maintained and all conditions and standards complied with
throughout the duration of the special permit use.
(b)
For a use intended to be temporary, the Zoning
Board may issue a special permit for a specified period of time.
(c)
In connection with issuance of a special permit,
the Zoning Board or Board of Trustees may establish a schedule of
inspections by the Code Enforcement Officer of a special permit use
to determine continued compliance with this chapter.
(d)
Any change in use or reduction in lot size requires
amendment to the special permit, following the application and review
requirements of this section.
(8)
Existing violations. No permit shall be issued for
a special use permit for a property where the Code Enforcement Officer
has found a violation of this chapter and where such violation has
not been corrected.
F.
Other appeals. On appeal from an order, requirement,
decision or determination made by an administrative official charged
with the enforcement of this chapter or on request from any official,
agency or board of the Village, the Board of Appeals is authorized
to decide any question involving the interpretation of any provision
of this chapter. Interpretations shall be made in accordance with
the intent of the particular provision being interpreted.
G.
Conditions and safeguards. The Board of Appeals may
prescribe such conditions or restrictions applying to the grant of
a variance as it may deem necessary in each specific case, in order
to minimize the adverse effects of such variance upon the character
and property values of the neighborhood and to protect the public
health, safety and welfare. Such conditions or restrictions shall
be incorporated in the building permit and certificate of occupancy.
Failure to comply with such conditions or restrictions shall constitute
a violation of this chapter and may constitute the basis for denial
or revocation of a building permit or certificate of occupancy and
for all other applicable remedies.
A.
Appeal or application. An appeal shall be taken within
60 days of the order, requirement, decision, interpretation or determination
appealed from, by filing with the official or agency from whom the
appeal is taken and with the Board of Appeals a notice of appeal,
specifying the grounds thereof and the relief sought. The official
or agency from whom the appeal is taken shall forthwith transmit to
the Board all the papers constituting the record upon which the action
appealed from was taken. A referral to the Board for a variance or
a request for an interpretation may be made at any time. All such
appeals and applications to the Board shall be made by the owner or
agent duly authorized, in writing, and shall be on forms prescribed
by the Board. Each appeal or application shall fully set forth the
circumstances of the case, shall refer to the specific provision of
the chapter involved and shall exactly set forth, as the case may
be, the interpretation that is claimed or the details of the adjustment
that is applied for and the grounds on which it is claimed that the
same should be granted.
[Amended 2-28-1994 by L.L. No. 1-1994]
B.
Review by other agencies.
(1)
Upon receipt of a completed appeal or application,
the Board of Appeals shall forward copies for review and report to
the Code Enforcement Officer, Village Engineer and Planning Board
and to other such officials and agencies of the Village as it deems
appropriate. All such agencies shall have 30 days from the date of
forwarding to submit a report. If approval of a site plan or issuance
of a special permit is involved, the Board of Appeals shall forward
sufficient copies for review and report to the applicable approving
agency and shall not act on the matter until it has received the report
of the approving agency or 30 days have passed since such forwarding.
(2)
The Board of Appeals shall refer to the Rockland County
Planning Board for its recommendation all matters within the provisions
of Article 12-B, §§ 239-l and 239-m, of the General
Municipal Law which include real property lying within 500 feet from
the boundary of any city, Village or town or from the boundary of
any existing or proposed county or state parkway, throughway, expressway,
road, highway or from the existing or proposed right-of-way of any
stream or drainage channel owned by the county or for which the county
has established channel lines, or from the existing or proposed boundary
of any county- or state-owned land on which a public building or institution
is situated, and any special permit or variance affecting such use
or property within a distance of 500 feet. The Rockland County Planning
Board shall render its decision within 30 days of referral or within
an extended period if agreed upon. If the Rockland County Planning
Board fails to report within such period of 30 days or such longer
period as has been agreed upon by it and the Board of Appeals, the
Board of Appeals may act without such report. If the Rockland County
Planning Board disapproves the proposal or recommends modifications
thereof, the Board of Appeals shall not act contrary to such disapproval
or recommendation except by a vote of a majority plus one of all members
thereof and after the adoption of a resolution fully setting forth
the reasons for such contrary action. Within seven days after final
action by the Board of Appeals, a report shall be filed of the final
action it has taken with the County Planning Board which had made
the recommendations, modifications or disapproval.
C.
Public hearing. The Board of Appeals shall conduct
a public hearing on any appeal, application or request made pursuant
to this chapter. Such public hearing shall be held within 45 days
of the date an appeal is taken or an application or request is made
to the Board.
D.
Notice of hearing. Notice of the hearing shall be published in the official newspaper at least 10 days prior to the date of such hearing. Notice shall also be sent by the applicant 10 days prior to the date of such hearing to all property owners within 500 feet of the perimeter of the property, in the same manner as is required for amendments pursuant to § 130-41 of this chapter. The applicant shall cause signs to be posted on such property on each street frontage indicating the date and purpose of such hearing. The costs of all such notice shall be paid by the applicant.
E.
Action. Every decision of the Board of Appeals shall
be by resolution, shall be recorded and shall fully set forth the
facts of the case, the findings and the conclusions on which the decision
was based. The Board shall immediately file its resolution in the
office of the Board and with the Village Clerk and shall, within 10
days thereafter, mail a copy of such resolution to the applicant.
A variance granted under this chapter shall
automatically expire if substantial construction, in accordance with
the plans for which such variance was granted, has not been completed
within one year, or such other time limit as may be chosen by the
Board of Appeals in connection with its decision, from the date of
granting such variance by the Board, or, if judicial proceedings to
review the Board's decision shall be instituted, from the date of
entry of the final order in such proceedings, including all appeals.
