[Added 10-20-2021 by L.L. No. 13-2021]
A.
The administrative adjustment procedure is intended to allow for minor modifications or deviations from the dimensional or numeric standards of the Village of Ossining Zoning Code (Chapter 270) and to provide greater flexibility when necessary without requiring a variance.
B.
The Building Inspector or designee is authorized to issue administrative
adjustments in accord with this article.
A.
An applicant requesting an administrative adjustment shall file with
the Building Department the administrative adjustment review form
setting forth the proposed adjustment and the reason for the adjustment.
If the applicant is not the property owner, a signed and dated letter
from the owner shall be provided with the form acknowledging and consenting
to the application. The fee for filing the administrative adjustment
review form shall be set from time to time by the Board of Trustees
and published in the Village's annual fee schedule.
B.
Upon receipt of a complete application for an administrative adjustment,
the Building Department shall mail to affected abutting property owners
a notice of intent to seek administrative adjustment advising those
owners that an application for an administrative adjustment has been
received and that the affected abutting property owners have 10 days
from mailing of the notice to notify the Building Inspector or designee
of any issues relating to the application. The names of the affected
abutting property owners shall be taken as those names appear on the
last completed tax roll of the Village.
C.
Within 30 days of receipt of a completed administrative adjustment review form, the Building Inspector or designee shall review the application and approve, approve with conditions or deny based upon the criteria set forth below unless the Building Inspector and applicant mutually agree to an extension. The Building Inspector also may refer the application to the Zoning Board of Appeals as provided in § 270-65B. The Building Inspector's written decision shall then be filed with the Building and Planning Departments.
A.
To approve the application for an administrative adjustment, the
Building Inspector or designee shall make the following affirmative
findings that one or more of the following standards have been met:
(1)
The proposed administrative adjustment is consistent with the character
of development in the applicable zoning district.
(2)
The benefits to the applicant for the approval of the administrative
adjustment outweigh any detriments to the health, safety and welfare
of the neighboring community by granting such approval.
(3)
There is no means other than the requested administrative adjustment
by which the difficulty can be avoided or remedied to a degree sufficient
to permit a reasonable use of the property.
(4)
The proposed administrative adjustment is of a technical nature and
is needed to:
(5)
The proposed administrative adjustment will not result in incompatible
development.
B.
Upon reviewing the application for an administrative adjustment,
the Building Inspector or designee may decide to refer the application
to the Zoning Board of Appeals for issuance of an area variance. The
applicant will be promptly notified of the referral and will provide
such additional documents as are required by the Zoning Board of Appeals
as well as the required filing fee.
C.
Approval of an administrative adjustment shall be valid for one year
from the date the administrative adjustment was granted 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 secure the required approvals or a building permit during the one-year
period shall cause the administrative adjustment to become null and
void. Upon application, the Building Inspector or designee may grant
an extension of the administrative adjustment 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.
A.
The applicant or other person aggrieved or adversely affected by
a decision of the Building Inspector granting, granting with conditions
or denying an application for an administrative adjustment may seek
review of the determination from the Zoning Board of Appeals.
B.
The applicant or other person aggrieved or adversely affected by
the Building Inspector's decision shall file an appeal, in writing,
within 30 days of the filing of the Building Inspector's decision
with the Village's Building Department. The appeal will be transmitted
by the Building Department to the Planning Department for review by
the Zoning Board of Appeals.
C.
An appeal shall stay all proceedings in furtherance of the action
from which the appeal is taken unless the Building Inspector or designee
certifies to the Zoning Board of Appeals, that by reason of the facts
detailed in the decision, a stay would cause imminent peril to life
or property. In such case, the proceedings will not be stayed other
than by a restraining order which may be granted by the Zoning Board
of Appeals or the Supreme Court on notice to the Building Inspector
or designee.
D.
The Zoning Board of Appeals, following consideration of the appeal,
may affirm, reverse in whole or in part or modify the decision of
the Building Inspector or designee and, where deemed appropriate,
impose conditions for the approval of the administrative adjustment.
E.
The Zoning Board of Appeals shall decide each appeal applying the
same criteria as that used by the Building Inspector or designee.
The administrative adjustment procedure shall not apply to any
proposed modification that results in:
A.
An increase in the number of dwelling units or bedroom capacity.
B.
A change in a permitted use.
C.
Changes to requirements for public roadways, utilities or other public
infrastructure or facilities.
D.
A change to a Zoning Code requirement which requirement has already
been modified through a separate administrative adjustment or variance.
