[Amended 12-5-88 by L.L. No. 6-1988]
A Zoning Board of Appeals is hereby established
in accordance with the Village Law. The words "the Board," when used
in this article, refer to said Board. The Board shall consist of five
members appointed by the Village Board. Appointments shall be for
a five-year term. The Chairman of the Board shall be designated by
the Village Board each year and shall serve as such Chairman for one
year pursuant to each such designation. The Board shall serve without
compensation. The Board shall, consistent with the Village Law, determine
its own rules, forms and procedure, and all its deliberations, resolutions
and orders shall be in accordance therewith.
The Board shall have all the powers and duties
prescribed or permitted by law and/or by this chapter, which are more
particularly specified as follows; provided, however, that none of
the following provisions shall be deemed to limit any power conferred
upon the Board by law or elsewhere in this chapter:
A. Interpretation. Upon appeal from any decision, determination,
order or requirement by an administrative official or upon the request
of any official or board of the Village, to decide any question involving
the interpretation of any provision of this chapter, including determination
of the exact location of any district boundaries if there is uncertainty
with respect thereto.
B. Variances. Where there are practical difficulties
or unnecessary hardship in the way of carrying out the strict letter
of this chapter, the Board shall have the power, in passing upon appeals
from orders, requirements, determinations or decisions made pursuant
to this chapter by the Superintendent of Buildings (or any of his
assistants, inspectors or subordinates to whom he has delegated final
authority to make such orders, requirements and determinations, if
any, which he has been authorized by the Village Board so to delegate)
or upon a direct application to the Board in any case where the Board,
by rule or uniform policy, permits such application, to vary or modify
the application of any of the regulations or provisions of this chapter
relating to the use, construction or alteration of buildings or structures
or the use of land so that the spirit of the chapter shall be observed,
public safety and welfare secured and substantial justice done. No
variance from the strict application of any provision of this chapter
shall be granted by the Board unless it finds that:
(1) There are special circumstances or conditions, fully
described in the findings, applying to the land or building for which
the variance is sought, which circumstances or conditions are peculiar
to such land or buildings and do not apply generally to land or buildings
in the neighborhood, do not result from any act of the appellant or
applicant or his or its predecessors in interest subsequent to the
adoption of this chapter or subsequent to the adoption or purported
adoption of any prior Zoning Ordinance or purported Zoning Ordinance
or amendment or purported amendment thereto, if such act when done
or performed was contrary to the terms or provisions of such prior
ordinance, purported ordinance, amendment or purported amendment then
actually or purportedly in force, and that said circumstances or conditions
are such that the strict application of the provisions of this chapter
would deprive the applicant or appellant of the reasonable use of
such land or building;
(2) For reasons fully set forth in the findings, the granting
of the variance is necessary for the reasonable use of the land or
building and that the variance as granted by the Board is the minimum
variance that will accomplish this purpose; and
(3) The granting of the variance will be in harmony with
the general purpose and intent of this chapter and will not be injurious
to the neighborhood or otherwise detrimental to the public welfare.
In granting any variance, the Board shall prescribe any conditions
that it deems to be necessary or desirable in the public interest,
and such determination or reference thereto shall be recorded upon
the building permit or certificate of occupancy issued pursuant thereto.
(4) The time limitation for zoning variances is established
for the period of one year.
[Added 12-5-88 by L.L. No. 6-1988]
C. Special variances, uses, exceptions and permits. Upon
appeal from any decision by an administrative official, which decision
is adverse to the appellant because a special variance or permit in
the discretion of the Board is required by the provisions of this
chapter for the result or relief requested, to issue variances for
any of the uses for which this chapter requires the obtaining of such
variance from the Board or for the extension of a building or use
as such lawfully existed at the time of the passage of this chapter
into a contiguous more restricted district for a distance not exceeding
10 feet, but not for any other use or purpose; and to direct the issuance
of a permit and to specify the terms and conditions upon which the
same shall be issued in any case made subject to the consent, approval
or permission of the Board by the provisions of this chapter. No such
variance or permit shall be granted by the Board unless it finds that
the use for which the same is sought will not, in the circumstances
of the particular case and under any conditions that the Board considers
to be necessary or desirable, be injurious to the neighborhood or
otherwise detrimental to the public welfare. In addition, as a prerequisite
to the approval of any special permit application, the following general
findings shall be made:
[Amended 12-17-1990 by L.L. No. 16-1990]
(1) That such use will be in harmony with and promote
the general purposes and intent of this chapter.
(2) That the plot area is sufficient, appropriate and
adequate for the proposed use and the reasonably anticipated operation
and expansion thereof.
(3) That the proposed use will not prevent the orderly
and reasonable use of adjacent properties in adjacent use districts.
(4) That the site is particularly suitable for the location
of such use in the community. In making this determination, consideration
shall be given but need not be limited to the following elements:
(a)
Geometric characteristics of all structures
and related improvements.
(b)
Aesthetic characteristics, including design,
texture, materials, colors and illumination.
(c)
Physical attributes of the site, including size,
shape, elevation, topography and natural vegetation.
(d)
Physical and visual compatibility with, including
but not limited to whether there will be any impediment to the development
or redevelopment of the general neighborhood.
(e)
Adverse affects upon the existing land use in
proximity to the subject site.
(f)
Adequacy of supporting services as such fire
and police protection, public and private utilities and all other
supporting governmental services necessary and appropriate to the
proposed use.
(5) That the characteristics of the proposed use are not
such that its proposed location would be unsuitably near to a school,
theater, recreational area or other place of public assembly.
(6) That access facilities are adequate for the estimated
pedestrian and vehicular traffic from public streets and sidewalks,
so as to assure the public safety and to avoid traffic congestion,
and further that vehicular entrances and exits shall be clearly visible
from street and not be within 75 feet of the intersection of street
lines at a street intersection, except under unusual circumstances.
Consideration shall be given to but need not be limited to the following:
(a)
Location and adequacy of parking and loading
facilities.
(b)
Pedestrian rights-of-way.
(c)
Traffic regulatory devices.
(d)
Location, number and design of points of ingress
and egress.
(e)
Accessibility by emergency vehicles with particular
emphasis on access to structures and provision for turning and free
movement.
(f)
Provision for snow storage.
(g)
Age and mobility of all persons for whose benefit
the use is intended.
(h)
Speed limits upon and general character of public
streets in proximity.
(7) That there are off-street parking and truck loading
spaces at least in the number required by the provisions of this chapter
but, in any case, an adequate number for the anticipated number of
occupants, both employees and patrons or visitors, and further that
the layout of the spaces and driveways is convenient and conducive
to safe operation.
(8) That adequate buffer yards and screening are provided
where necessary to protect adjacent properties and land uses.
(9) That adequate provision will be made for the collection
and disposal of stormwater runoff from the site and of sanitary sewage,
refuse or other waste, whether liquid, solid, gaseous or of any other
character.
(10)
That the proposed use will not have an adverse
impact upon the character or integrity of any land use within the
immediate neighborhood having unique cultural, historical, geographical,
architectural or other special characteristics.
(11)
That the proposed use is to be developed in
such a way a to ensure maximum amenities available to the site based
upon as consideration of the site plan and functional requirements
of the proposed use.
D. Further conditions. In granting any variance under Subsection
B above or any special variance or permit, etc., under Subsection
C above, the Board may impose any conditions that it may deem necessary to accomplish the purposes of this chapter or the reasonable application of any of the standards set forth in this article. The Board may deny any application for a special variance or permit which, in its judgment, is not in accordance with such purposes or such standards. The Board may require, as a condition of the granting of any special permit, that it shall be periodically renewed or the Board may grant a temporary special permit, in either case subject to adequate guaranties that the use covered will be terminated at the end of the period specified or such extension thereof as may be granted by the Board, provided that any such renewal or extension shall be subject to the same procedure as specified herein for the original granting of the special permit involved and in conformity with the aforesaid purposes and standards; and such guaranties may include the posting of a bond in such form, so conditioned and in such reasonable penal amount as the Board may, with the advice of the Village Counsel, determine. Any use, permit or variance made subject to the consent or control of the Village Board may, nevertheless, be made subject to the imposition by the Board of the conditions hereinabove set forth, but the Village Board may, in all such cases, modify, delete, supersede or add to the conditions imposed by the Board. Nothing herein contained shall be construed to limit in any way any power or discretion given the Village Board elsewhere in this chapter.
[Amended 12-17-1990 by L.L. No. 16-1990]