[Amended 10-7-1974 by L.L. No. 2-1974; 1-11-1999 by L.L. No. 1-1999; 1-25-1999 by L.L. No. 2-1999; 11-27-2000 by L.L. No. 4-2000; 2-5-2018 by L.L. No. 1-2018]
A.
Board of Appeals.
(1)
In accordance with Village Law § 7-712(2), the Mayor shall
appoint members of the Board of Appeals and the Chairperson, subject
to the approval of the Board of Trustees, to serve for terms of five
years each. At the expiration of each term, the succeeding member
shall be appointed for a term of five years. Any vacancy on the Board
of Trustees shall be filled in the same manner, for the remainder
of the unexpired term. The Board of Appeals shall hear and decide
appeals from and review any order, requirement, decision or determination
made by an administrative officer or board charged with the enforcement
of this chapter. The Board of Trustees may also appoint a counsel
or legal advisor and the Secretary (Clerk) for the Board of Appeals.
The Board of Appeals shall also hear and decide all matters referred
to it or upon which it is required or authorized to pass pursuant
to the Village Code or the Village Law of the State of New York. Such
appeal may be taken by a person aggrieved or by any officer, department,
board or bureau of the Village. Such Board of Appeals shall have all
the rights, powers and duties granted to or imposed upon it by the
Village Law of the State of New York. Such Board of Appeals may determine
and vary the application of the regulations herein contained, in harmony
with their general purpose and intent in accordance with the general
and specific rules herein contained, as provided in the Village Law.
(2)
Alternate members.
(a)
In accordance with Village Law § 7-712, Subdivisions
11(a) through (c), the Board of Trustees may appoint alternate members
of the Board of Appeals for purposes of substituting for a member
who is unable to participate in any matter because of a conflict of
interest, protracted absence or other cause. The Board of Trustees
shall appoint such alternate members in a number sufficient to meet
the needs of the Village, for terms of one year each.
(b)
The Chairperson of the Board of Appeals shall designate such
alternate members to serve on a rotating basis, to substitute for
a member who is unable to participate because of a conflict of interest,
protracted absence or other reason with respect to any one or more
applications or matters before the Board. When so designated, the
alternate member shall possess all the powers and responsibilities
of the member of the Board replaced by such alternate, and all the
provisions of the Village Law relating to Board of Appeals member
training and continuing education, attendance, conflict of interest,
compensation, eligibility, vacancy in office, removal and service
on other boards shall also apply to alternate members. When a designation
is made by the Chairperson of the Board of Appeals, it shall be entered
into the minutes of the Board of Appeals meeting at which the substitution
is made.
B.
Such Board of Appeals may make rules to govern procedure in matters
before it, consistent with the provisions of law and this Village
Code. Such rules may require that the applicant or appellant give
such notice of a pending proceeding as the Board may prescribe to
the owners of such adjacent or surrounding property as the Board may
deem to be affected thereby, and file with the Board proof of the
service of such notice.
C.
Such Board of Appeals shall not require any applicant or appellant
appearing before it to obtain the signature or consent of any person
residing or having property In the vicinity of the property described
in the application or the appeal as a condition of granting relief.
Determinations of the Board whether to grant relief in any matter
shall be made based upon the considerations specified by law and in
this Code, and shall not be dependent upon the consent or agreement
of any person or entity other than a person or entity who is the owner
of the property, or property interest, which is the subject of such
matter.
D.
In addition to the powers enumerated herein, but not in limitation
thereof, the Board of Appeals may, in specific cases, after public
notice and hearing, and subject to appropriate conditions and safeguards,
determine and vary the application of the regulations herein established,
in harmony with their general purpose and intent, as follows:
(1)
Approve the issuance of a permit wherever it is provided in this
chapter that the approval of the Board of Appeals is required.
(2)
Permit the erection of a building and accessory buildings on lots
having less than the frontage or area required in the use district
in which the property is located.
(3)
Where a district boundary line divides a lot held in single and separate
ownership, the Board of Appeals may permit the use authorized on either
portion of the lot to extend to the entire lot but not more than 50
feet beyond the boundary line of the district in which such use is
authorized.
(4)
Parking in residence zone:
(a)
Permit the use of property in a Residential A Zone that abuts
premises zoned for business, for the parking of vehicles in connection
with the business activity conducted upon such adjoining business
property, provided that:
[1]
Any permit or permit renewal that is granted and any conditions that are imposed shall be in accordance with the standards set forth in § 340-142.1 of this chapter, and only upon an application made by the owner or owners of the abutting business property and of the property covered by the application.
[2]
The property that may be used pursuant to a permit or permit
renewal shall in no event extend to a distance greater than 100 feet
from the abutting business property, or to the nearest street, whichever
distance is shorter.
[3]
Any permit or permit renewal granted under this section shall
be for a period to be determined by the Board of Appeals, in its discretion,
but in any event not more than three years. When a permit is issued
for more than one year, the Zoning Board of Appeals shall require
the submission of an annual report by the Building Department to the
Zoning Board of Appeals with respect to the status and condition of
the property and use.
[4]
A permit or permit renewal granted pursuant to this section
shall contain reasonable conditions and requirements as, in the sole
discretion of the Board of Appeals, relate to the use of both the
business and residential property, including but not limited to the
type of parking field surface; parking arrangements; suitable entrances
and exits; installation and/or maintenance of fencing or screening;
location, enclosure and maintenance of refuse containers; cleanliness;
safety; police and fire access; lighting; and signage, in keeping
with neighborhood conditions.
(b)
Applications made pursuant to Subsection D(4)(a) shall contain photographic or other evidence from which the Board can determine whether the granting of the application for a permit or permit renewal will have an undue adverse effect upon the adjoining residential area into which the parking field is sought to be or has been established, and whether the establishment or continuation of such parking area will be beneficial or detrimental to the adjoining residential properties and neighborhood.
(c)
Any permit granted hereunder shall be subject to revocation
by the Board of Appeals upon submission to the Board by any interested
party of evidence which the Board finds to be sufficient to prove
a violation of any of the conditions upon which such permit was granted.
(5)
Permit the change, continuance or extension of a nonconforming use
as provided in Article Ill of this chapter.
(6)
Issue temporary and conditional permits to contractors or builders
under such conditions as the Board shall prescribe for not more than
one year for structures, signs and uses in contravention of the use
regulations controlling residence districts, including signs, temporary
offices and structures on a plot or tract in course of development,
provided that such uses are important to the development of such undeveloped
plot or tract, and also provided that such uses are not prejudicial
to adjoining and neighboring plots or tracts already developed or
proposed to be developed. Such structures and signs shall in any event
be removed and such uses shall be discontinued within 30 days after
completion of the work on the plot or tract.
(7)
Permit the construction, extension, alteration or conversion of a
building and the use of premises in the Business A District for the
business of a public garage for the storage or repair of motor vehicles,
or for the business of a motor vehicle or taxi service or of an automobile
service or gas filling station, used-car lot, dry-cleaning establishment
or of an amusement park or carnival, miniature golf course, bowling
alley, shooting gallery, billiard or pool parlor or business of a
similar nature; and in the Business B District, for the business of
a dry-cleaning establishment, amusement park or carnival, shooting
gallery or business of a similar nature; provided, however, that the
Board of Appeals shall find and determine, in each instance, that
such use of the premises will not be an annoyance, detriment, disturbance
or nuisance to the neighborhood and will not imperil the safety of
persons and property or prejudice the general health or welfare or
the general plan and purpose of this chapter, and provided further
that all other ordinances of the Village be complied with. The Board
of Appeals, in passing upon applications for use of premises in Business
A District for bowling alley use, shall in addition to the foregoing
findings, in each instance, also find and determine before granting
such application, the following:
(a)
That the premises upon which a bowling alley use is requested
is located at a sufficient distance from premises used for residential
uses and/or zones so that such bowling alley use will not constitute
an annoyance, detriment, disturbance or nuisance to such residential
property.
(b)
That sufficient parking space is available.
(c)
That the building is constructed in such manner, including ventilation
system, that such use creates a minimum of sound both within and without
the building.
(d)
That such use shall be operated in a manner so as not to disturb
the use of any premises for religious purposes upon the Sabbath or
other religious holidays.
(e)
That such use of premises shall not constitute an undue burden
upon the streets or roads so as to create a traffic hazard.
(8)
In
any case where the Board of Appeals determines in accordance with
applicable law that it is appropriate to grant a variance, waiver
or other relief which results in the permissible use of a premises
or building in a nonresidential zoning district with less than the
off-street parking otherwise required by this code for such use, the
Board of Appeals may impose conditions reasonably related to such
variance, waiver or other relief.
[Added 4-1-2024 by L.L. No. 1-2024]
(a)
In addition to such authority, and in addition to its powers pursuant to Village Law 7-712-b(4), in each such case to which this Subsection D(8) is applicable the Board of Appeals shall impose as a condition of any such relief a requirement that the applicant make a payment to the Village, in an amount established from time to time by resolution of the Board of Trustees, in an amount calculated as follows:
[1]
Determine the number of required spaces, which will be identified
as A.
[2]
Determine the number of available code compliant spaces. This number,
or 9, whichever is greater, will be identified as B.
[3]
Subtract B from A.
[4]
Multiply the result by the per space payment amount established by
the Board of Trustees.
The Board of Trustees may establish such required in lieu per
space payment in different amounts for different classes of uses,
and may revise the amount of such per space payments from time to
time. In determining the amount of such in lieu payments, the Board
of Trustees shall consider, among other factors, the estimated current
cost of providing a parking space. All such payments to the Village
shall be maintained in a separate fund and shall be used only for
the planning, design, acquisition, development, construction, installation,
maintenance and/or improvement of public parking in the Village as
may be determined by the Board of Trustees in its sole discretion.
(b)
When such required payment has been made in full, the relief granted
from off-street parking requirements thereafter shall remain in effect
for the subject property so long as the use of the subject property
is not changed to any use which would require a greater number of
off-street parking spaces than required for the use in relation to
which the variance or waiver was granted. Any change of use which
requires off-street parking in excess of the number for which the
variance or waiver was granted shall not be permitted except pursuant
to a further or additional variance or waiver, and subject to the
payment provisions of this section. No refund of such payment shall
be made where there is a change of use requiring fewer off-street
parking spaces than the number for which any variance or waiver previously
was granted.
(c)
Any such required “in lieu” payment shall be made in
one lump sum, prior to issuance of a building permit, provided, however,
that the Board of Appeals shall have authority in its sole discretion
to direct a different payment schedule for such payment provided that
all such payments shall be required to be made prior to issuance of
a certificate of occupancy or completion.
(d)
Each application to the Board of Appeals for relief from off-street
parking requirements shall be deemed to include the consent of the
applicant to the imposition of “in lieu” payment pursuant
to this section.
(e)
Neither the provisions of this section, nor the availability of required
“in lieu” payments where parking requirements are varied
or waived, shall serve as or constitute a basis or ground for any
application for a waiver or variance of otherwise applicable off-street
parking requirements. All applications for such variances or waivers
shall be determined based upon the appropriate standards for such
relief as otherwise established by law.
Whenever a permit or variance is granted by the Board of Appeals,
such permit or variance shall be acted upon to an extent required
by law to obtain vested status, and, in the case of a structural permit
or variance, completed, within the time set forth in the decision
of the Board of Appeals, unless an extension shall be granted by the
Board of Appeals upon application or on its own motion. Any such extension
may be granted without public hearing, in the discretion of the Board
of Appeals. If not so acted upon and completed within one year of
the granting of the same, unless extended as aforesaid, such permit
or variance shall automatically expire without notice.
Meetings of the Board of Appeals shall be public to the extent
required by law. The Clerk to the Board shall keep minutes of its
proceedings, showing the vote of each member upon every question,
or if absent or falling to vote, indicating that fact. The Clerk shall
also keep a record of the examinations and other official actions
of the Board. When required, the Board shall employ adequate stenographic
assistance to make a proper record of proceedings and testimony before
the Board. Every rule, regulation, every amendment or repeal thereof
and every order, requirement, determination or decision of the Board
shall promptly be filed in the office of the Board and shall be a
public record to the extent provided by law.
A.
Whenever under the provisions of this chapter or the Village Law
of the State of New York any matter is referred to the Board of Appeals
to hear and decide or upon which it is required to pass, or when its
approval, consent or permit is required, it shall confine itself to
a consideration of the health, safety, morals and general welfare
of the community in harmony with the general purpose and intent of
this chapter, and such other considerations as may be applicable pursuant
to the Village Code or the Village Law.
B.
Each such determination by the Board of Appeals shall be made in
accordance with the Village's Comprehensive Plan and design, and shall
include considerations of relevant factors to, and conditions reasonably
necessary to, lessen congestion in the streets; secure safety from
fire, panic and other dangers; promote the health and general welfare;
provide adequate light and air; prevent overcrowding of land; avoid
undue concentration of population; and facilitate the adequate provision
of transportation, water, sewerage, schools, parks and other public
requirements.
C.
The deliberations and determinations of the said Board shall be made
with reasonable consideration, among other things, of the character
of the district and its peculiar suitability to the particular uses,
and with a view to conserving the value of building and property generally,
and encouraging the most appropriate use of land throughout the Village.
