A.
Establishment and membership. There shall be a Zoning Board of Appeals
of five members, pursuant to the provisions of Article 7, § 7-712
of the Village Law, each to be appointed for a term of five years,
running from February 3 of the year appointed. Vacancies shall be
filled by appointment for the unexpired term. The Village Manager
shall designate the Chairperson of the Board of Appeals.
B.
Upon the expiration of the terms of current members of the Board,
the appointment of new members to the Board shall be as follows: one
member shall be appointed for a term of one year; one member for a
term of two years; one member for a term of three years; one member
for a term of four years; and one member for a term of five years.
Thereafter, each replacement member shall be appointed by the Village
Manager for a term of five years.
C.
Members whose terms have expired shall continue to serve as members
of the Zoning Board of Appeals until the member is reappointed, resigns
or a new member is appointed in place of the departing member.
[Added 12-20-2017 by L.L.
No. 9-2017]
D.
A member may be appointed to a maximum of two consecutive terms (10
years). If a member has served for two consecutive terms, that member
must be off the Zoning Board of Appeals for one year before applying
for appointment to the Board.
[Added 12-20-2017 by L.L.
No. 9-2017]
E.
All members of the Zoning Board of Appeals shall be required to attend
a minimum of 75% of the board meetings scheduled within a calendar
year. Noncompliance with minimum requirements relating to attendance
at meetings shall be deemed a proper cause for removal from office
by the Board of Trustees.
[Added 12-20-2017 by L.L.
No. 9-2017]
F.
Each member of the Zoning Board of Appeals shall complete, at a minimum,
four hours of training each year designed to enable members to effectively
carry out their responsibilities. Training received in excess of four
hours in any one year may be carried over by the member into succeeding
years in order to meet the training requirements. Such training may
include programs offered by the New York State Department of State,
New York State Department of Environmental Conservation, Westchester
County Planning Department, Westchester Municipal Planning Federation,
and such other entities as well as in-house updates or seminars. The
Village Manager, after discussion with the Director of Planning and
Development and the Chairperson of the Board, shall annually designate
such seminars, workshops, or continuing education courses which may
be offered within a reasonable distance.
[Added 12-20-2017 by L.L.
No. 9-2017]
G.
The cost for such training sessions shall be a Village charge. Members
shall be reimbursed for travel and meal expenses according to Village
policy.
[Added 12-20-2017 by L.L.
No. 9-2017]
H.
To be eligible for reappointment to the Board, each member shall
have completed the training promoted by the Village.
[Added 12-20-2017 by L.L.
No. 9-2017]
I.
Noncompliance with minimum requirements relating to training shall
be deemed a proper cause for removal from office by the Board of Trustees.
[Added 12-20-2017 by L.L.
No. 9-2017]
J.
The Chairperson of the Zoning Board of Appeals shall notify the Village
Manager and the Director of Planning and Development in writing on
or about December 1 in any year, or at any time if so warranted, of
any member who fails to comply with the minimum requirements for meeting
attendance and/or training in any calendar year.
[Added 12-20-2017 by L.L.
No. 9-2017]
K.
Notwithstanding the aforementioned attendance and training requirements,
no decision of the Zoning Board of Appeals shall be voided or declared
invalid because of a failure to comply with the annual attendance
and/or training requirements.
[Added 12-20-2017 by L.L.
No. 9-2017]
The Zoning Board of Appeals shall have all the powers and duties
prescribed by Article 7, § 7-712 of the Village Law and
by this chapter, which are more particularly specified as follows,
provided that none of the following provisions shall be deemed to
limit any power of the Board that is conferred by law.
A.
Interpretation. 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, to decide any of the
following questions:
(1)
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.
B.
Variances.
(1)
On appeal from an order, requirement, decision or determination made
by the Building Inspector or on referral of an applicant to the Board
by an approving agency acting pursuant to this chapter, the Zoning
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 section,
in such manner as to observe the spirit of the chapter, to secure
public safety and welfare and to do substantial justice.
(2)
Area variances. Where an applicant requests a variance of the area
requirements of this chapter, the Board may grant a variance in the
application of the provisions of this chapter in the specific case.
In making its determination, the Board shall take into consideration
the benefit to the applicant if the variance is granted, as weighed
against the detriment to the health, safety and welfare of the neighborhood
or community of such grant. In making its determination the Board
shall consider whether:
(a)
An undesirable change will be produced in the character of the
neighborhood or a detriment to nearby properties will be created by
the granting of the area variance;
(b)
The benefit sought by the applicant can be achieved by some
method feasible for the applicant to pursue, other than an area variance;
(c)
The requested area variance is substantial;
(d)
The proposed variance will have an adverse effect or impact
on the physical or environmental conditions in the neighborhood or
district;
(e)
The alleged difficulty was self-created, which consideration
shall be relevant to the decision of the Zoning Board of Appeals,
but shall not necessarily preclude the granting of the area variance.
(3)
The Zoning Board of Appeals, in granting area variances, shall grant
the minimum variance that it deems necessary and adequate and at the
same time preserve and protect the character of the neighborhood and
the health, safety and welfare of the community.
(4)
Use variances. Where, because of unnecessary hardship relating to
the land for a use not allowed in the district in which the land is
located, an applicant requests a variance of the use 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
no use variance shall be granted without a showing by the applicant
that applicable zoning regulations and restrictions have caused unnecessary
hardship to the applicant. In order to prove unnecessary hardship,
the applicant shall demonstrate that for each and every permitted
use under this chapter for the district in which the applicant's property
is located:
(a)
The applicant cannot realize a reasonable return, provided that
lack of return is substantial as demonstrated by competent financial
evidence;
(b)
The alleged hardship relating to the property in question is
unique and does not apply to a substantial portion of the district
or neighborhood;
(c)
The requested use variance, if granted, will not alter the essential
character of the neighborhood; and
(d)
The alleged hardship has not been self-created.
(5)
The Zoning Board of Appeals, in granting use variances, shall grant
the minimum variance that it deems necessary and adequate to address
the unnecessary hardship proven by the applicant and at the same time
preserve and protect the character of the neighborhood and the health,
safety and welfare of the community.
(6)
The needs or desires of a particular owner or tenant, or of a particular
prospective owner or tenant, shall not, either alone or in conjunction
with other factors, afford any basis for the granting of a variance.
The fact that the improvements already existing at the time of the
application are old, obsolete, outmoded or in disrepair or the fact
that the property is then unimproved shall not be deemed to make the
plight of the property unique or to contribute thereto.
(7)
Where said Board finds the zoning classification of a particular
property to be conducive to the deprivation of the reasonable use
of the land or buildings and where said Board finds the same condition
to apply generally to other land or buildings in the same neighborhood
or zoning district, said Board shall call this condition to the attention
of the Village Board.
(8)
In all cases where the Zoning Board of Appeals grants a variance
from the strict application of the requirements of this chapter, it
shall be the duty of such Board to attach such conditions and safeguards
as may be required in order that the result of its action may be as
nearly as possible in accordance with the spirit and intent of this
chapter.
(9)
Appeals. Any person aggrieved by any decision of the Zoning Board
of Appeals hereunder may, within 30 days of the filing of the decision
with the office of the Village Clerk, appeal pursuant to Article 78
of the New York State Civil Practice Laws and Rules.
The powers and duties of the Zoning Board of Appeals shall be
exercised in accordance with the following procedure and as required
by Article 7, § 7-712 of the Village Law:
A.
The Zoning Board of Appeals shall not decide upon any appeal for
an administrative adjustment, a variance or interpretation of this
chapter without first holding a public hearing, notice of which hearing,
including the substance of the appeal or application, 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 published
notice, the Zoning Board of Appeals shall cause such notice to be
mailed at least 10 days before the hearing to all owners of property
which lies adjacent to the property for which relief is sought and
to such other owners as the Zoning Board of Appeals may deem advisable.
[Amended 7-7-2021 by L.L. No. 4-2021; 10-20-2021 by L.L. No. 13-2021]
(1)
The names of said owners shall be taken as they appear on the last
completed tax roll of the Village.
(2)
Provided that due notice shall have been published and that there
shall have been substantial compliance with the remaining provisions
of this section, the failure to give notice in exact conformance herewith
shall not be deemed to invalidate action taken by the Zoning Board
of Appeals in connection with the granting of any appeal or variance.
B.
All appeals and applications made to the Zoning Board of Appeals
shall be in writing and shall be accompanied by the required fee payable
to the Village of Ossining. Such submission shall be submitted to
the Zoning Board of Appeals Secretary by the designated deadline as
prescribed by the Zoning Board of Appeals. The fee filed in connection
with applications shall not be returnable regardless of disposition
of the case by the Board.
C.
Each appeal or application shall fully set forth the circumstances
of the case, shall refer to the specific provision of the law involved
and shall exactly set forth, as the case may be, the interpretation
that is claimed, the details of the variance that is applied for and
the grounds on which it is claimed that the same should be granted.
D.
Transmission of copy of official notice of public hearing.
(1)
Should any appeal involve any of the following conditions, the Secretary
of the Zoning Board of Appeals shall transmit to the designated office
or official a copy of the official notice of the public hearing not
later than 10 days prior to the date of the hearing.
(a)
Any change in the boundaries of any district, which change would
occur within a distance of 500 feet of the boundary of any village
or town.
(b)
Any change in the regulations or application for a use variance
prescribed for any district, any portion of which is located within
500 feet of the boundary of any village or town.
(2)
The designated official for counties shall be the clerk of the county
legislature. In villages and towns, the designated official shall
be the clerk of the municipality.
E.
Prior to the date of any public hearing, the Secretary of the Zoning
Board of Appeals may transmit to the Secretary of the Planning Board
a copy of any appeal or application, together with a copy of the notice
of such hearing. The Planning Board may submit to the Zoning Board
of Appeals an advisory opinion on said appeal or application at any
time prior to the rendering of a decision by the Board of Appeals.
F.
Prior to final action, the Zoning Board of Appeals shall refer any
matter involving any of the areas in accordance with §§ 277.61
and 277.71 of the Westchester County Administrative Code and §§ 239-l,
239-m and 239-n of the New York State General Municipal Law to the
Westchester County Planning Board.
G.
Every decision of the Zoning Board of Appeals shall be recorded in
accordance with standard forms adopted by the Board, shall fully set
forth the circumstances of the case, shall contain a full record of
the findings on which the decision is based and, if such decision
is not in accordance with the recommendation of the Planning Board,
the reasons therefor. Every decision of said Board shall be by resolution,
and each such resolution shall be filed in the office of the Village.
H.
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 office of the Village Clerk and shall
be a public record.
I.
All provisions of this chapter relating to the Zoning Board of Appeals
shall be strictly construed. Said Board, as a body of limited jurisdiction,
shall act in full conformity with all provisions of law and of this
chapter and in compliance with all limitations contained therein.
J.
Approval of area variances shall be valid for one year from the date
thereof for the purposes of obtaining such additional approvals as
are required, including, but not limited to, site plan, conditional
use permit, special use permit, certificate of appropriateness and
a building permit. Failure to obtain the required approvals or a building
permit during the one-year period shall cause the granted area variances
to become null and void. Upon request of the applicant, the Zoning
Board of Appeals may grant an extension of the area variances for
a period not to exceed one year. Up to two extensions may be granted,
for a total time period of all extensions of no more than two years.
[Amended 10-20-2021 by L.L. No. 13-2021]
K.
Approval
of use variances shall be valid for one year from the date thereof
for the purpose of obtaining such additional approvals as are required,
including, but not limited to, site plan, conditional use, special
use permit, certificate of appropriateness and building permit. Failure
to obtain the required approvals and a building permit during the
one-year period shall cause the granted use variance to become null
and void. Upon request of the applicant, the Zoning Board of Appeals
may grant an extension of the use variance for a period not to exceed
one year. Up to two extensions may be granted, for a total time period
of all extensions of no more than two years.
[Added 10-20-2021 by L.L. No. 13-2021]
