[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]
A.
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.
B.
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:
(1)
Hear and decide any question properly brought before it involving
the interpretation of any provision of this chapter.
(2)
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.
(3)
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.
(4)
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.
(5)
Hear and decide appeals under any other provision of the Village
laws and regulations that duly designate the Board of Appeals to hear
same.
C.
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.
D.
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]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
A.
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:
(1)
Before such approval shall be given, the Board shall determine:
(a)
That the use will not prevent the orderly and reasonable use
of adjacent properties;
(b)
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;
(c)
That the safety, health, welfare, comfort, convenience and order
of the Village will not be adversely affected by the proposed use
and its location;
(d)
That the use will be in harmony with and promote the intent
and purpose of this chapter.
(2)
In making such determination, the Board shall give consideration,
among other things, to:
(a)
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;
(b)
The conservation of property values and the encouragement of
the most appropriate use of land;
(c)
The effect that the proposed use will have upon traffic on the
public streets;
(d)
Whether the plot area is sufficient, appropriate and adequate
for the use and the reasonably anticipated operation and expansion
thereof.
B.
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.
