The Board of Appeals, consisting of five members, as constituted
and empowered under § 7-712 of the Village Law on the effective
date of this chapter, is hereby created. Vacancies occurring in such
Board shall be filled in accordance with Village Law. The Board of
Appeals shall have all the powers and shall perform all the duties
prescribed by statute and by this chapter.
[Amended 7-28-2008 by L.L. No. 5-2008]
The Board of Appeals shall hear and decide appeals where it is alleged that there is an error or misinterpretation in any order, requirement, decision or determination by any administrative official of the Village charged with the enforcement of the provisions of this chapter or Chapter 148. The Board of Appeals may reverse, modify or affirm, in whole or in part, any such order, requirement, decision or determination as in its opinion ought to be made in strictly applying and interpreting the provisions of this chapter, and for such purposes shall have all the powers of the officer from whom the appeal is taken.
[Amended 2-14-2005 by L.L. No. 1-2005]
An appeal for a variance shall be resolved in accordance with
the provisions of Village Law § 7-712-b.
[Amended 4-27-1981 by L.L. No. 2-1981; 10-22-2018 by L.L. No. 7-2018]
A.
AUTHORIZED BOARD
PERMANENT SPECIAL USE PERMIT
SPECIAL USE PERMIT
TEMPORARY SPECIAL USE PERMIT
Definitions. For the purpose of § 350-64, certain terms or words used herein shall be interpreted or defined as follows:
The Village Board of Trustees or Village Planning Commission
before which an application is pending for issuance of a temporary
special use permit or permanent special use permit.
A special use permit issued by the Village Board upon expiration
of a temporary special use permit.
An authorization of a particular land use which is permitted
by the Village of Lancaster Code subject to a requirement that a special
use permit or special permit be obtained.
A special use permit issued by the Village Planning Commission. Subject to § 350-64B(1), a temporary special use permit is limited in its duration to one year from the date of issuance.
B.
Approval of temporary and permanent special use permits.
(1)
The granting of temporary and permanent special use permits shall
be undertaken through a two phase process. The issuance of a permanent
special use permit is conditioned upon the applicant first receiving
a temporary special use permit which has not expired as of the time
application is made for a permanent special use permit. The term of
the temporary special use permit shall be extended for the period
during which the application for a permanent special use permit is
pending. For good cause shown by the applicant, the Village Board
may consider an application for a permanent special use permit as
to a temporary special use permit which expired prior to the applicant's
application for a permanent special use permit.
(2)
No temporary or permanent special use permit shall be granted unless
such proposed special use:
(a)
Will be in harmony with the orderly development of the district,
taking into account the location and size of use, the nature and intensity
of the operations involved in or conducted in connection with it and
the size of the site in respect to streets giving access thereto.
(b)
Will not tend to depreciate the value of adjacent property,
taking into account the possibility of screening or other protective
measures to protect adjacent properties in any R District.
(c)
Will not create a hazard to health, safety or general welfare.
(d)
Will not alter the essential character of the neighborhood nor
be detrimental to the residents thereof.
(e)
Will not otherwise be detrimental to the public convenience
or welfare.
(f)
Will be in accord with the Comprehensive Plan.
C.
Application for a temporary special use permit.
(1)
One seeking a temporary special use permit shall secure from the
Village Building Inspector an application for a temporary special
use permit to be considered by the Village Planning Commission.
(2)
If the application for a temporary special use permit proposes land use of a type listed at Village Code § 350-55B(1) through (9), the applicant shall, together with the applicant's application for a temporary special use permit, submit to the Planning Commission a site plan for the proposed development. Site plan review procedures as outlined in § 350-56C, D, E and F shall thereupon be followed.
(3)
If applicable, the applicant shall comply with the provisions of
the New York State Environmental Quality Review Act under Article
8 of the New York State Environmental Conservation Law and its implementing
regulations.
(4)
If a proposed temporary special use permit contains one or more features
which would require an area variance, the applicant may apply to the
Village Zoning Board of Appeals for an area variance pursuant to New
York State Village Law § 7-712-b, without the necessity
of a decision from the office of the Village Building Inspector. The
application for an area variance may be made to the Zoning Board of
Appeals while the application for a temporary special use permit is
pending. The Planning Commission may grant a temporary special use
permit conditioned and effective upon an area variance granted by
the Zoning Board of Appeals.
(5)
The Planning Commission shall conduct a public hearing and render its decision in accord with the provisions of § 350-64E(1) through (3). To be considered shall be the criteria set forth in § 350-64B(2). In addition to the public hearing requirements set forth at § 350-64E(1), the Planning Commission shall arrange that written notice of a public hearing by the Commission be mailed or otherwise delivered to all residential and commercial developed premises within 150 feet of the boundary lines of the premises which is the subject of the application for the temporary special use permit. Said written notice shall be mailed or delivered not later than 20 days prior to the public hearing and shall identify the subject premises and the date, time and place of the public hearing.
D.
Application for a permanent special use permit
(1)
If a temporary special use permit has been granted to the applicant
by the Village Planning Commission, an applicant may, not sooner than
90 days prior to the expiration of a temporary special use permit,
apply to the Village Board for a permanent special use permit. One
seeking a permanent special use permit must be the recipient of a
temporary special use permit and shall secure from the Village Building
Inspector an application for a permanent special use permit to be
considered by the Village Board. An applicant for a permanent special
use permit must, upon its application, inform the Village Board of
conditions or restrictions imposed by the Planning Commission upon
issuance of the temporary special use permit.
(2)
The Village Board shall conduct a public hearing and render its decision in accord with the provision of § 350-64E(1) through (3). To be considered shall be the criteria set forth in § 350-63B(2) as may be informed by developments occurring since the issuance of the temporary special use permit.
E.
General provisions.
(1)
Public hearing and decision on special use permits. The authorized board shall conduct a public hearing within 62 days from the day an application is received on any matter referred to it under § 350-64. Public notice of said hearing shall be printed in a newspaper of general circulation in the Village at least five days prior to the date thereof. The authorized board shall decide upon the application within 62 days after the hearing. The time within which the authorized board must render its decision may be extended by mutual consent of the applicant and the board. The decision of the authorized board on the application after the holding of the public hearing shall be filed in the office of the Village Clerk within five business days after such decision is rendered, and a copy thereof shall be mailed to the applicant. When a temporary special use permit has been granted by the Planning Commission, the decision of the Planning Commission mailed to the applicant shall be accompanied by notice to the applicant of the expiration date of the temporary special use permit and include the following language: "Not sooner than 90 days prior to the expiration of this temporary special use permit, the certificate holder may apply for a permanent special use permit [Village Code § 350-64D(1)]. The term of the temporary special use permit shall be extended for the period during which the application for a permanent special use permit is pending [Village Code § 350-64B(1)]." The Village Clerk shall promptly advise the Village Board when a temporary special use permit has been granted by the Planning Commission. If the temporary special use permit relates to an application to conduct outdoor service of food or drink by an eating or drinking establishment pursuant to Article XII of Chapter 350 of the Village Code, the Village Clerk shall advise the Village Board of Board's authority to require a financial guarantee per § 350-96A of the Village Code.
[Amended 1-9-2023 by L.L. No. 1-2023]
(2)
Conditions attached to the issuance of special use permits. The authorized
board shall have the authority to impose such reasonable conditions
and restrictions as are directly related to and incidental to the
proposed special use permit.
(3)
Notice to applicant and County Planning Board or Agency or Regional
Planning Council. At least 10 days before such hearing, the authorized
board shall mail notices thereof to the applicant and to the County
Planning Board or Agency or Regional Planning Council, as may be required
by § 239-m of the New York State General Municipal Law,
which notice shall be accompanied by a full statement of such proposed
action, as defined in Subdivision 1 of § 239-m of the New
York State General Municipal Law
(4)
Court review. Any person aggrieved by a decision of the authorized
board may apply to the Supreme Court for review by a proceeding under
Article 78 of the New York State Civil Practice Law and Rules. Such
proceedings shall be instituted within 30 days after the filing of
a decision by such authorized board in the office of the Village Clerk.
F.
Expiration and revocation of a temporary or permanent special use
permit.
(1)
A temporary or permanent special use permit shall be deemed to authorize
only one particular special use and shall expire if the special use
shall cease for more than six months for any reason.
(2)
A temporary special use permit shall not be transferable, assignable
or otherwise pass on to any other person than the person to whom the
permit is granted.
(3)
A temporary or permanent special use permit may be revoked by the Village Board upon a showing that false information was provided by the applicant upon application for a temporary or permanent special use permit or upon the adjudication by a court of competent jurisdiction that the applicant, user or occupant of the subject premises, violated any provision of this Chapter 350 with respect to such premises.
A.
Reduction of parking spaces for places of assembly. The Board of
Appeals may authorize a reduction of not more than 50% in the number
of required off-street parking spaces for places of assembly when
located on the same lot with other uses, provided that in accordance
with the times of operation and times of peak demand there will be
no conflict in the joint use of such off street parking.
B.
Reduction of spaces where public parking facilities are available.
Where public off-street parking facilities are available, other than
parking provided for a public building, the Board of Appeals may reduce,
on a pro rata basis, the parking requirements for all uses within
600 feet of any boundary of such public parking facility.
C.
Exception from exterior side yard requirements. The Board of Appeals
may modify the exterior side yard requirements for principal buildings
on deep corner lots, provided that the following findings are made:
The requirement for a special permit shall not apply to any
use lawfully existing on the effective date hereof or, in the case
of a special permit for a cemetery, to land owned by a cemetery or
religious corporation and which, on the effective date of this ordinance,
was dedicated for cemetery purposes.
The Board of Appeals, consistent with law and ordinance, may
adopt rules of conduct and procedure.
[Amended 2-14-2005 by L.L. No. 1-2005]
An appeal to the Board of Appeals from any ruling of any administrative
officer charged with the enforcement of this chapter shall be taken
by any person aggrieved or by an officer, department, board or bureau
of the Village. Such appeal shall be taken, within such time as shall
be prescribed by § 7-712(a)(5) of the Village Law, by filing
with the officer from whom the appeal is taken and with the Board
of Appeals a notice of appeal specifying the ground thereof. The officer
from whom the appeal is taken shall forthwith transmit to the Board
of Appeals all the papers constituting the record upon which the action
appealed from was taken.
An application for any matter upon which the Board of Appeals
is required to pass may be made to the Village Clerk by the owner,
tenant, or a duly authorized agent, of the property for which such
appeal or application is sought.
A.
Meetings of the Board of Appeals shall be held at the call of the
Chairman and at such other times as the Board of Appeals may determine.
All meetings shall be open to the public. The Chairman of the Board
of Appeals or, in his absence, the Acting Chairman may administer
oaths and compel the attendance of witnesses.
B.
The Board of Appeals shall keep minutes of its proceedings, showing
the vote of each member upon every question, or if absent or failing
to vote, indicating such fact, and shall keep records of its examination
and other official action. Every rule, regulation, every amendment
or repeal thereof and every order, requirement, decision or determination
of the Board of Appeals shall immediately be filed in the office of
the Village Clerk and shall be public record.
Any appeal to the Board of Appeals shall stay all proceedings
in furtherance of the action appealed from, except as otherwise provided
in § 7-712 of the Village Law.
[Amended 4-27-1981 by L.L. No. 2-1981; 10-26-1981 by L.L. No.
7-1981; 11-13-2017 by L.L. No. 8-2017; 8-24-2020 by L.L. No. 4-2020]
A.
The Board of Appeals shall fix a reasonable time for a hearing of an appeal pursuant to § 350-62, an application for a variance pursuant to § 350-63, or a request for modifications of regulations pursuant to § 350-65 and shall give public notice thereof by publication in the official paper and by posting of the hearing notice at the Village Municipal Building at least seven days prior to the date of such hearing. Further, the Board of Appeals shall mail five copies of the hearing notice to the applicant with an affidavit of mailing to be completed by the applicant with notice to the applicant of the following notice requirement: the applicant shall, at least seven days before such hearing, mail a copy of the hearing notice to the owners of all bordering properties, including properties on a different street, as shown by the records of the Town Assessor, and the applicant shall file with the office of the Village Clerk not later than one day before the hearing a completed affidavit of mailing affirming that the applicant has mailed a copy of the hearing notice to the owners of all bordering properties as shown by the records of the Town Assessor.
B.
The Board
of Appeals shall also give prompt notice of the hearing to the Village
Code Enforcement Officer so that the Village Code Enforcement Officer
may complete the following notice requirement. At least seven days
prior to the first public hearing, the Village Code Enforcement Officer
shall erect a sign on the property at issue not less than two feet
by two feet in size facing the street of the property's address. The
sign shall bear the words "Notice — A hearing on an application
relating to zoning as to this property has been scheduled before the
Village of Lancaster Zoning Board of Appeals. For additional information
call the Village of Lancaster Clerk's Office" together with the Village
Clerk's telephone number. The sign shall remain posted until the conclusion
of the final public hearing before the Zoning Board of Appeals.
The concurring vote of a majority of the members of the Board
of Appeals shall be necessary to reverse any order, requirement, decision
or determination appealed from or to decide in favor of the applicant
any matter upon which it is required to pass under this chapter or
to effect any variation in this chapter. Every decision of the Board
of Appeals shall be by resolution. Where findings are required, the
decision shall set forth each required finding, supported by substantial
evidence or other data considered by the Board of Appeals in each
specific case, or in the case of denial, the decision shall include
the findings which are not satisfied.
[Amended 4-27-1981 by L.L. No. 2-1981]
Any variance or modification of regulations authorized by the
Board of Appeals shall be automatically revoked unless a building
permit conforming to all the conditions and requirements established
by the Board of Appeals is obtained within six months of the date
of approval by the Board of Appeals and construction commenced within
one year of such date of approval.
[Amended 4-27-1981 by L.L. No. 2-1981]
Failure to comply with any condition or restriction prescribed
by the Board of Appeals in approving any appeal for a variance or
a modification of regulations shall constitute a violation. Such violation
may constitute the basis for revocation of a variance, special permit
or modification or for imposing penalties and other applicable remedies.
The fee for an appeals case shall be as provided in Chapter 144, Fees, of the Code of the Village of Lancaster.
