[Amended 6-19-1971 by L.L. No. 1-1971; 9-14-2019 by L.L. No. 6-2019; 9-19-2020 by L.L. No. 4-2020]
The Village Board of Trustees hereby creates and authorizes the appointment of members to a Board of Appeals consisting of five members pursuant to the provisions of § 7-712 of the New York State Village Law.
[Amended 9-19-2020 by L.L. No. 4-2020]
Such Board of Appeals shall have all the powers, functions and authority pertaining to zoning boards of appeals as now or hereafter provided by the Village Board of Trustees and the laws of the State of New York.
Powers and duties. The Zoning Board of Appeals is governed by and shall act in strict accordance with the procedures specified in §§ 7-712 and 7-712-a of the New York State Village Law, this chapter and its own duly adopted rules, bylaws and forms. Upon request properly made, the Board shall perform the following functions:
Hear and decide any question properly brought before it involving the interpretation of any provision of this chapter.
Hear and decide appeals from any decision, determination, act or failure to act of the Building Inspector, and hear and decide all matters properly referred to it upon which it is required to pass under the provisions of § 7-712-b of the New York State Village Law, this chapter and its own duly adopted rules, bylaws and forms. The concurring vote of a majority of the Board shall be necessary to reverse any order, requirement, decision or determination of the Building Inspector or to decide in favor of the applicant on any matter.
Grant variances in accordance with applicable provisions of § 7-712-b of the New York State Village Law, this chapter and its own duly adopted rules, bylaws and forms.
Issue special exceptions in accordance with applicable provisions of § 7-725-b of the New York State Village Law, this chapter and its own duly adopted rules, bylaws and forms.
Hear and decide appeals under any other provision of the Village laws and regulations that duly designate the Board of Appeals to hear same.
Appeals/variance procedure. An appeal from a determination of the Building Inspector may be taken by an aggrieved person having standing within the Village of Dering Harbor. Such appeal shall be taken within 60 days of the date of the Building Inspector's decision by filing with the Building Inspector and the Board of Appeals a notice of appeal specifying the grounds thereof. All appeals or variance requests shall be made, in writing, on forms provided by the Board. The Building Inspector shall then transmit to the Board of Appeals all the papers constituting the record upon which the action appealed from was taken.
All decisions of the Board of Appeals shall be by resolution, approved by no fewer than three members and shall contain a full record of the findings of the Board in the particular case. Any vote not obtaining a majority of the members shall be considered to be a denial.
[Amended 11-4-2000 by L.L. No. 2-2000; 9-19-2020 by L.L. No. 4-2020; 10-10-2020 by L.L. No. 6-2020]
In a specific case, after public notice and hearing, and subject to appropriate conditions and safeguards, the Board of Appeals may determine and vary or modify the application of the regulations herein established, in harmony with their general purpose and intent and so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done. In deciding such variance application, the Board of Appeals shall consider and apply the factors and standards set forth in § 7-712-b of the New York State Village Law.
Notice of the hearing shall be given by publication in the official paper of the Village of Dering Harbor one time not less than 10 days before the date of the hearing, and by requiring the applicant to mail written notice of the date, time and place of the hearing, and a summary of the purpose of the application submitted to the Board, by certified mail, return receipt requested, to every property owner, as shown on the current Village of Dering Harbor assessment rolls, of parcels within 250 feet of the property which is the subject of the application, proof of which shall be submitted to the Board on or before the commencement of the public hearing in the form of an affidavit with postal receipts annexed thereto confirming mailing of said notices at least 10 days prior to the hearing date. The failure of the notice to be published in the newspaper or the applicant to provide the required proof of mailing shall require the Board to adjourn the public hearing and cause the public hearing to be renoticed.
Applications for any action by the Board of Appeals shall be submitted in the form required by the Board and filed in the Village office. A digital copy of said application shall be submitted in a format determined, and changed as needed, by the Village Clerk.
Applications to the Board of Appeals must be accompanied by plans which are prepared and certified by and stamped with the seal of a licensed architect, engineer, and/or surveyor and shall be accompanied by a fully dimensioned site plan and plot plan and a survey by a licensed surveyor showing all elevations of new structures and all affected elevations in the case of additions or alterations.
Where landscaping is pertinent to the proposed variance requested, the Board of Appeals may also request a landscaping plan. In such case, the application must be accompanied by a site plan showing both existing trees with a trunk diameter of 12 inches or more at a point three feet above the ground level and shall indicate whether such trees shall remain or be removed and/or other topographical features existing or planned, including, but not limited to, all changes in grades and berms.
For all applications submitted by or appeared to by anyone other than the owner of record according to the title of the property, an owner's endorsement or a letter of agency must be submitted, and no application will be accepted or reviewed by the Village of Dering Harbor or its representatives if the owner's representative submitting the application does not also submit or have a letter of agency signed by the owner of record on file with the Village Clerk. All parties to the application must also submit the required disclosure affidavit as required under § 809 of the New York State General Municipal Law.
Whenever a use, or the location thereof, is permitted only if the Board of Appeals shall approve thereof, such Board may, in a specific case and after notice and public hearing, authorize such permissive use and its location within a district, subject to the following conditions:
Before such approval shall be given, the Board shall determine:
That the use will not prevent the orderly and reasonable use of adjacent properties;
That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located;
That the safety, health, welfare, comfort, convenience and order of the Village will not be adversely affected by the proposed use and its location;
That the use will be in harmony with and promote the intent and purpose of this chapter.
In making such determination, the Board shall give consideration, among other things, to:
The character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of any such permissive use;
The conservation of property values and the encouragement of the most appropriate use of land;
The effect that the proposed use will have upon traffic on the public streets;
Whether the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof.
The Board shall, in authorizing such permissive uses, impose such conditions and safeguards as it may deem appropriate, necessary and desirable to preserve and protect the spirit and objectives of this chapter.