§ 175-113Appointment of members; vacancies; officers.
§ 175-114Continuance of previous Board.
§ 175-115Secretary.
§ 175-116Powers and duties.
§ 175-117Rules of procedure.
§ 175-118Meetings.
§ 175-119Public hearings.
§ 175-120Referrals to Orange County Planning Department.
§ 175-121Procedure.
§ 175-122Minutes and records.
§ 175-123Expiration of variances; extensions.
§ 175-124Application fees.
§ 175-125Permitted topics of appeal.
§ 175-126Special exception uses.
§ 175-127Variances.
Pursuant to the Village Law of the State of New York, Chapter 63, § 7-712, of Consolidated Laws, there shall be a Board of Appeals consisting of five members, each to be appointed by the Board of Trustees for a term of three years. Such members shall be residents of the village. Vacancies shall be filled by appointment by the Board of Trustees for the unexpired term. The Board shall elect its own Chairman and Vice Chairman from its membership.
The Board of Appeals heretofore established shall continue to function under the provisions of this chapter, and the members thereof may continue in office until their respective terms expire.
The Board is authorized to employ a secretary or clerk, who is not a member of the Board, at a salary to be fixed by the Board of Trustees.
The Board of Appeals shall perform all the duties and have all the powers prescribed by the Village Law and as herein more particularly provided.
The Board shall adopt such rules of procedure, not inconsistent with the provisions of Village Law and local ordinances, as it may deem necessary to the proper performance of its duties and the proper exercise of its powers. The existing rules and regulations of the Board of Appeals heretofore established, in so far as not inconsistent with this chapter, are hereby continued in force and effect until amended or repealed by the Board.
Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. Meetings shall be at sufficiently frequent intervals, in the discretion of the Board, for the efficient conduct of its business. All meetings shall be open to the public. A quorum shall consist of three members.
Prior to taking action on any matter relating to this chapter, a public hearing shall be held after public notice in the manner provided by law.
In any matter which relates to a property which lies within 500 feet of the boundary of another municipality, the Secretary of the Board of Appeals shall transmit to the municipal clerk of such other municipality a copy of the official notice of the public hearings on such matter, not later than one day after publication thereof. Such other municipality shall have the right to appear and to be heard at such public hearing.
The Board shall transmit all matters which must be referred to the Orange County Planning Department as soon as possible and in any case prior to the statutory public hearing. Such referrals shall be in accordance with procedures established by the Planning Department. The Board shall reserve its decision on such matters until they receive the report of the Planning Department, provided that such report is presented within a period of 30 days after the Planning Department received the referral.
Procedure on all appeals, petitions, stays on appeal, public hearings, decisions and other matters before the Board shall be governed by the provisions of Village Law § 7-712, General Municipal Law Article 12-B, §§ 239-l and 239-m, and by the officially adopted rules of procedure of the Board. Matters relating to review by certiorari shall be governed by Article 78 of the Civil Practice Law and Rules. The Chairman or, in the event of his absence from the state or his physical disability, the Vice Chairman and the Secretary shall sign all orders or instructions to the Building Inspector and recommendations to the Village Board pertaining to matters relating to this chapter.
The Secretary shall keep minutes of the Board's proceedings showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact. The Secretary shall keep records of the Board's examinations and official actions, all of which shall be immediately filed in the Village Clerk's office and shall be a public record. A card index record of all variances and special exception uses granted pursuant to action of the Board under this chapter shall be identified by a sequential numbering system and shall also be maintained in an alphabetical street file, and the locations of such variances and special exception uses shall be marked upon a copy of the Zoning Map. Said file and said map shall be available for public inspection.
Variances from the provisions of this chapter shall expire if action authorized by the variance is not started within six months and completed within 18 months. Extensions of these periods may be granted by the Board. Variances which have not been acted upon or extended shall become void.
Application fees for the Board of Appeals shall be as prescribed in the schedule of fees
The Board of Appeals is hereby authorized, upon an appeal, to hear and decide:
Any matter where an appellant alleges that the Building Inspector was in error in refusing to issue a building permit or certificate of occupancy, as a result of misinterpreting the meaning, intent or application of any section or part of this chapter.
Any matter where an appellant alleges that the Building Inspector was in error in his determination as to the exact location of a district boundary line on the Zoning Map that forms a part of this chapter.
Any other matter relating to this chapter, where an appellant seeks a review of any decision, order or ruling made by the Building Inspector.
Any matter which the Building Inspector appeals on grounds of doubt as to the meaning or intent of any provision of this chapter or as to the location of a district boundary line on the Zoning Map.
Any matter whom an appellant alleges that the Building Inspector and/or Architectural Review Board was in error in any determination made upon a sign application.
Grant of power. The Planning Board shall have the original jurisdiction and power to grant or deny a permit for a special exception use on a particular site upon receipt of an application, site plan, environmental assessment form and application fee, which fee shall be established and amended from time to time by the Board of Trustees, subject to the guiding principles, standards and conditions contained in this section and § 175-137 governing site plan approval.
Guiding principles and standards.
Such use shall be one which is specifically authorized as a special exception use in the district within which such particular site is located.
For every such special exception use, the Board shall make a specific finding that such use will promote the general purpose and objectives of this chapter as stated in § 175-2.
For every such special exception use, the Board shall determine that there is appropriate provision for access facilities adequate for the estimated traffic from public streets and sidewalks, so as to assure the public safety and to avoid traffic congestion. Vehicular entrances and exits shall be clearly visible from the street and not within 75 feet of the intersection of the street lines at a street intersection except under unusual circumstances.
For every such special exception use, the Board shall determine that there are fully adequate parking areas and off-street truck loading spaces, in conformity with this chapter and all other pertinent ordinances, for the anticipated number of occupants, employees and patrons and that the layout of the parking spaces, truck loading berths and interior driveways is convenient and conducive to safe operation.
For every such special exception use, the Board may require a protective planting strip adjacent to every side and rear lot line abutting a residential use or district. Such planting strip shall be not less than six feet wide, situated within any required side or rear yard, designed and laid out with suitable plant material which will attain and shall be maintained at a height to be stipulated by the Board, which height shall not be less than six feet nor more than 10 feet, so as to provide an effective natural screen between nonresidential and residential uses or districts along side and rear lot lines.
For every such special exception use where the installation of outdoor floor or spot lighting is intended, the Board shall determine that such lighting will not shine directly upon any abutting property. No unshielded lights shall be permitted.
For every special exception use, the Board shall determine that adequate provision will be made for collection and disposal of stormwater runoff from the site.
Procedure.
Application for a permit authorizing a special exception use shall be made directly to the Secretary of the Planning Board in the form required by said Board.
No decision by the Planning Board to grant or deny a special exception use permit shall be made until after public notice and hearing. Said notice shall be published and posted at Village Hall and sent by the applicant at its expense, by certified mail, return receipt requested, at least seven days prior to the date of the hearing to all known property owners within 500 feet of each boundary of the subject property. Such other notice as required by Article 12-B of the General Municipal Law, Article 8 of the Environmental Conservation Law and other applicable laws shall also be given.
In considering and acting upon any special exception use application, the Planning Board shall consider the site layout and overall appearance of all buildings in the proposed site to ensure a harmonious relationship with the existing or permitted development of contiguous land and adjacent neighborhoods, to ensure that the value of adjacent land and buildings will be conserved, to promote, where applicable, a transit- and pedestrian-oriented environment, to encourage the most appropriate use of land and to protect interest and integrity of the Zoning Ordinance. The objectives set forth in § 175-126B and D in particular shall be accomplished.
Every special exception use permit granted by the Planning Board shall be subject to and conditioned upon any conditions and safeguards which the Board deems applicable to the particular plan. Such conditions and safeguards are deemed an integral component of the special exception use permit, and any violation of such conditions or safeguards shall be deemed a violation of this Zoning Ordinance and are punishable under the provisions of Article XXI.
Prior to the grant of a special exception use permit, the applicant may be required by the Planning Board to file with the village a letter of credit or cash bond sufficient to cover the full cost of all public improvements and land reclamation required by development of the site. The amount of such letter of credit or cash bond shall be recommended by the Village Engineer and approved by the Board of Trustees.
No certificate of occupancy shall be issued for any use, structure or development which has not been utilized or constructed in accordance with the conditions of the special exception use permit and with the approved site plan.
Each special exception use permit shall be subject to site plan review and approval by the Planning Board. Site plans shall be governed by the requirements set forth in § 175-137 of the Zoning Ordinance.
A special exception use permit granted by the Planning Board shall be valid for one year, commencing with the date the Planning Board adopts a resolution granting said permit. Failure to obtain a building permit or, where no building permit is required, failure to obtain a certificate of occupancy within this one-year period shall cause the permit to expire and be deemed null and void. The applicant may petition the Planning Board before such permit expires for an extension(s) of 90 days, which extension(s) may be granted or denied at the discretion of the Planning Board.
Any special exception use for which a permit has been granted by the Planning Board pursuant to the provisions of this section, provided that said permit remains in effect pursuant to § 175-126C(8), shall be construed to be a conforming use.
Special conditions and safeguards for certain uses.
No authorization for a building permit shall be granted by the Board for any special exception use listed in any district, unless the Board shall first determine that such use is appropriate to the character of its neighborhood and that, when taken in conjunction with other existing land uses, it will not generate traffic that would result in an undue burden upon the available access streets.
No authorization for a building permit shall be granted by the Board for a public transportation passenger stop, station or terminal in any district where authorized, unless the Board shall first determine that the proposed location will serve the interests of the residents of the village and conforms to the franchise provisions.
No authorization for a building permit shall be granted by the Board for a service station, filling station or car washing station in any district where authorized, unless the Board shall first determine that all applicable provisions of §§ 175-77F and 175-79 will be complied with and unless the Board shall further determine that the proposed location of such facility will serve the interests of the residents of the village.
No authorization for a building permit shall be granted by the Board for a membership club or country club in any district where authorized, unless the Board shall first determine that such membership club will serve a purely social, athletic or quasi-military purpose; that it will be operated on a regular membership basis, and not be conducted primarily as a business; and that the nature of such membership club will not cause or create a nuisance to adjoining properties or to its general neighborhood.
No authorization for a building permit shall be granted by the Board for a cemetery or funeral home in any district where authorized, unless the Board shall first determine that such cemetery or funeral home will serve the needs and interests of the residents of the village.
No authorization for a building permit shall be granted by the Board for a hotel or motel in any district where authorized, unless a site plan of development for such hotel or motel shall be submitted to the Board, and said Board shall determine that the guiding principles and standards specified in Subsection B above are complied with. The Board shall further determine that such hotel or motel will not reduce the usable site area of the district to the extent that the remaining area will no longer be suitable for the development of any permitted use or uses of said district. The Board shall be further bound by the following regulations and schedules:
No authorization for a building permit shall be granted by the Board for a single-family dwelling or a multiple dwelling in any nonresidential district where authorized, unless the Board shall first determine that such use will not reduce the usable site area of the district to the extent that the remaining area will no longer be suitable for the development of any permitted use or uses of said district.
No authorization for a building permit shall be granted by the Board for a public utility building or structure in any district where authorized, unless the Board shall first make the following determinations:
That such use will not include any storage yard, garage or repair shop.
That any requested installation of high-tension electric transmission lines shall be studied with respect to its impact on the community and that it will not produce a damaging effect on surrounding properties nor be detrimental to the public safety.
That no installation of a transformer station shall be made in a residential district if adequate service can be provided by locating said transformer station in a business or industrial district; and that any transformer station located in a residential district shall provide a protective planting strip of suitable evergreen plant material adjacent to its front, side and rear lot lines. Such planting strip shall be not less than six feet wide and shall be maintained at a height of not less than 10 feet.
No authorization shall be given for a building permit by the Board for a veterinarian or animal boarding establishment in any district where authorized, unless the Board shall first determine that adequate protection from noise, odors and unsightly appearance has been taken, and further provided that the Board shall determine that the proposed location will not be detrimental to the development and use of adjacent properties.
No authorization shall be given for a building permit or certificate of occupancy by the Board for a bed-and-breakfast inn in any zoning district where authorized, unless the Board shall first determine that the following conditions are or shall be met:
The bed-and-breakfast inn shall be owner occupied.
Bed-and-breakfast inns shall be permitted in existing buildings only.
No more than three rooms shall be rented at one time.
No more than nine guests shall occupy the establishment at one time.
No guest shall occupy the establishment in excess of 14 days.
No meals other than breakfast shall be served.
Kitchen and dining facilities shall be limited to use by the resident owner, occupants of the bed-and-breakfast inn and bona fide guests but shall not be open to the general public. There shall be no individual kitchen or dining facilities in or for any guest room.
One off-street parking space shall be provided per room available for guest occupancy in addition to the off-street parking spaces required for the owner of the dwelling.
The minimum combined side yard requirement shall be 60 feet.
Any sign shall comply with the sign requirements for the zoning district in which the establishment is located.
Each guest room shall be equipped with a minimum of one single-station smoke detector.
All establishments shall comply with all building and fire prevention codes and civil rights laws.
Any change in the exterior appearance of the building shall be reviewed by the Architectural Review Board.
Each bed-and-breakfast inn authorization is subject to site plan approval by the Planning Board.
No authorization for a building permit or certificate of occupancy shall be granted by the Board for a passive adult use in any zoning district where authorized, unless the Board shall first determine that the following conditions are or shall be met:
That the passive adult use, as defined by § 175-3, complies with the following requirements as to location, in addition to any other applicable requirements of this Code:
No building containing a passive adult use shall be located within 200 feet of any lot or parcel that has been improved with a residential dwelling or for which an application for land use or building permit approval of a residential dwelling or dwelling unit was filed prior to the date of filing of a special exception permit application for an adult use.
No building containing a passive adult use shall be located within 200 feet of any lot or parcel on which a public or private school, church or other place of religious worship, day-care use, park, existing playground or recreational facility open to the general public is located.
In determining location requirements pursuant to this subsection, all required distances shall be measured from the nearest lot line of the lots or parcels containing any of the uses in Subsection D(11)(a)[1] or [2] to the nearest part of the building in which the adult use is proposed to be located.
That such use shall be one which is specifically authorized as a special exception use in the district within which such particular site is located.
That the total floor area devoted to the adult use shall not exceed 2,500 square feet, exclusive of cellar space used for enclosure of mechanical, heating and similar building equipment.
That no more than one passive adult use shall be located on any lot.
That the passive adult use complies with all applicable lot dimension, setback, parking and other requirements set forth in this chapter, in addition to the requirements herein, or that a variance with respect to such dimensional requirements has been duly issued by the Zoning Board of Appeals, provided that nothing herein shall be deemed to prevent an applicant from electing to concurrently proceed with a special exception use application before the Planning Board and a variance application before the Zoning Board of Appeals. Compliance with the minimum distance requirements set forth in Subsection D(11)(a) above with respect to separation from other uses is a condition precedent to the classification of passive adult use as a special exception use with the village, and, in the event that any reduction in such minimum distance is proposed, such variance shall be considered as a use variance.
That appropriate provision has been made for access facilities adequate for the estimated traffic from public streets and sidewalks, so as to assure the public safety and to avoid traffic congestion. Vehicular entrances and exits shall be clearly visible from the street and not within 75 feet of the intersection of the street lines at a street intersection except under unusual circumstances.
That there are fully adequate parking areas and off-street truck loading spaces, in conformity with the standards established in this chapter and all other pertinent ordinances, for the anticipated number of occupants, employees and patrons and that the layout of the parking spaces, truck loading berths and interior driveways is convenient and conducive to safe operation.
That the Board may require a protective planting strip adjacent to every side and rear lot line abutting an existing building or use. Such planting strip shall not be less than six feet wide, situated within any required side or rear yard, designed and laid out with suitable plant material which will attain and shall be maintained at a height to be stipulated by the Board, which height shall not be less than six feet nor more than 10 feet, so as to provide an effective natural screen between nonresidential and residential uses or districts along side and rear lot lines.
That adequate site lighting is provided while minimizing or avoiding adverse impacts of lighting on adjoining properties. The Board may require a lighting plan that demonstrates where the installation of outdoor or spot lighting is proposed or required, so that such lighting shall not shine directly upon any abutting property. No unshielded lights shall be permitted.
That adequate provision has been made for collection and disposal of stormwater runoff from that site.
That any proposed signs, displays, architectural design or lighting visible from any public street or right-of-way or upon surrounding properties be designed and constructed so as to conform to the requirements of the Village Code and to avoid or mitigate to the maximum extent practicable any reasonably foreseeable adverse effect of the proposed use upon minor children passing by.
That the proposed site plan and building plans have been designed with adequate provision for safety, internal and external fire protection and security concerns and the adequacy of access from and to a public right-of-way.
That the proposed site plan avoids, minimizes or mitigates any demonstrated or potential impact of the proposed use upon community services, such as fire protection, police, sanitation or public works. The Planning Board shall refer the proposed plan to the Police and Fire Departments and any other agency of local or state jurisdiction for a report on the potential impacts and recommendations as to appropriate measures that can be taken to avoid or mitigate such impacts.
That the proposed use avoids, minimizes or mitigates any reasonably foreseeable cumulative effect on the nature of the community and adjoining properties, taking into consideration the proposed hours of operation, other existing or proposed adult uses and similar uses with the potential for deleterious effects on the community, including but not limited to pool halls, bars, arcades or pawnshops.
That the duration of a special permit issued by the Board for an adult use shall conform to the following requirements:
A special use permit issued pursuant to this section shall initially be valid for one year.
Prior to expiration of the permit, it may be renewed upon application by the permit holder, payment of special permit and any other applicable fees and demonstration by the applicant of continued compliance with all applicable permit conditions and requirements of this law.
The duration of such renewal may be established by the Planning Board, in its sole discretion, but shall not exceed three years.
General delegation of power. In addition to and separate from the power of the Board of Appeals to grant permits for special exception uses, as provided in § 175-126, the Board of Appeals, pursuant to § 7-712 of Village Law, shall have power, in passing on appeals, where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this chapter, to vary or modify the application of any of the regulations or provisions of this chapter relating to the use, construction, structural changes in, equipment or alteration of buildings or structures or the use of land so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. Any variance granted by the Board of Appeals pursuant to the provisions of this section shall be construed to be a nonconforming use or building.
Guiding principles.
Application for variance of zoning regulations shall be made directly to the Secretary or Chairman of the Board of Appeals in a form required by said Board. Said application shall be accompanied by a fee as prescribed in the schedule of fees
Every variance granted by the Board of Appeals shall be based upon and accompanied by a specific finding or findings, supported by evidence produced at a public hearing in the manner provided by law, to the effect that the exceptional circumstances of the particular case are such as to constitute practical difficulties or unnecessary hardship in the way of carrying out the strict application of the regulations of this chapter. Notice of such public hearing shall be given as provided in § 175-126C(2).
Every variance granted by the Board of Appeals shall be designed by the Board to safeguard the public health, safety, morals or the general welfare and shall be further designed to provide reasonable consideration, among other things, to the character of the neighborhood or district, the conservation of property values and the direction of building development in accordance with a Comprehensive Plan and shall not involve substantial detriment to the public good nor substantially impair the intent and purpose of the zone plan and of this chapter.
Every variance granted by the Board of Appeals may be made subject to such conditions and safeguards as said Board shall deem to be applicable to the particular case. Violations of such conditions or safeguards which are a part of a Board decision shall be deemed a violation of this chapter, punishable under the provisions of Article XXI.
Specific types of variances. In conformity with its general power to vary or modify the provisions of this chapter, as provided in Subsection A and pursuant to the guiding principles stated in Subsection B, the Board of Appeals is hereby specifically empowered:
To grant a permit, in appropriate cases, where the lot of the appellant, as such lot existed on the effective date of this chapter, lies across the boundary of two districts, for the extension into the more restricted district of a lawful conforming use permitted in the less restricted district, but for a distance not exceeding 50 feet measured at right angles to such district boundary.
To grant a permit for the enlargement or extension of a nonconforming use or building on the lot occupied by such use or building on the effective date of this chapter, provided that such enlargement or extension was arranged, intended or designed for such nonconforming use on the effective date of this chapter, and further provided that such enlargement or extension shall not exceed in all 75% of the fair market value of such use or existing building on the effective date of this chapter.
To grant a permit for the reconstruction, structural alteration, restoration or repair of a building or structure, used for a nonconforming use, to an extent exceeding in aggregate cost 75% of the fair market value of such building or structure.
To grant a certificate of occupancy for a change in a nonconforming use, provided that the Board shall have made a determination that such change will be beneficial to the general neighborhood, and further provided that such change be made subject to such reasonable conditions and safeguards as the Board may stipulate.
To grant a variance to exempt a building, in whole or in part, from the front yard requirement of the district in which such building is situated, in cases where such building is adjacent to an existing building or buildings which have nonconforming front yards; provided, however, that such building shall not be permitted to have a front yard of less depth than that of the average of the two immediately adjoining buildings or than that of the only adjoining building when only one exists.
To grant a variance modifying the side yard requirements on the side street frontage of a corner lot, in cases where such requirements would unduly reduce the buildable width of such corner lot.
To grant a variance modifying the yard requirements of a nonconforming lot which qualifies under the terms of § 175-82.
To waive the requirements of §§ 175-76 and 175-77 for accessory parking areas, in whole or in part, in a case involving lack of need for such parking areas, where the lot is within 500 feet of a public parking area owned or operated by the village or by a public parking authority, measured in a straight line between the nearest point of such parking area and the nearest point of such lot.
To permit a reduction in the number of parking spaces in accessory garages or parking areas originally provided and installed pursuant to the requirements of §§ 175-76 and 175-77 in cases where proof is furnished to the Board that, by reason of diminution in number of dwelling units or residents or in floor area, seating capacity or area, number of employees or change in other factors determining the demand for parking spaces, the proposed reduction will be consistent with the requirements of said §§ 175-76 and 175-77.
To grant a temporary building permit for a period not to exceed one year for a nonconforming building, structure or use incidental to a building or other construction project, including such uses as the storage of building supplies and machinery, and a real estate office located on a tract of land where individual properties are being offered for sale, provided that such temporary permit shall be issued only upon written agreement by the owner or his agent to remove such building or structure upon the expiration of such permit, and further provided that such permit shall be subject to such reasonable conditions as said Board shall determine to be necessary to protect the public health, safety, morals or the general welfare. Such permit may be renewed annually, at the discretion of the Board, for not more than two additional years.
