[Amended 3-26-1979; 11-28-2022 by L.L. No. 10-2022]
There shall be a Zoning Board of Appeals of
seven members as provided by law. The Common Council shall have the
power and is hereby authorized to appoint up to two additional members
to the Zoning Board of Appeals. Such additional members shall be known
as "alternate members." Alternate members shall serve terms of one
year from the date of their appointment. In the event any member of
such body for any reason is unable to participate on any item of business
or matter coming before the Zoning Board of Appeals and/or is unable
to attend a meeting or part thereof, the chairperson or other presiding
officer of the Zoning Board of Appeals may designate an alternate
to substitute for such member. When so designated, an alternate member
shall possess and shall have the authority to exercise all the powers,
authorities and responsibilities of a member of the Zoning Board of
Appeals. Any alternate member present and participating shall be counted
as a member in attendance for the purpose of satisfying quorum requirements.
The Zoning Board of Appeals shall have all the
powers and duties prescribed by law and by this chapter, which are
more particularly specified as follows, provided that none of the
following provisions shall be deemed to limit any power of said Board
that is conferred by law:
A.
Interpretation. Upon appeal from a decision by the
Director, to decide any question involving the interpretation of any
provision of this chapter, including determination of the exact location
of any district boundary if there is uncertainty with respect thereto.
B.
Variances. To grant use variances and area variances
in accordance with § 81-b of the General City Law.
[Amended 5-14-2007 by L.L. No. 3-2007]
C.
Where the Board finds the zoning classification of
a particular property to be conducive to the deprivation of the reasonable
use of the land or building by the owner thereof, and where the Board
deems the same condition to apply generally to other properties in
the same district, said Board may call this to the attention of the
Common Council.
A.
The powers and duties of the Zoning Board of Appeals
shall be exercised in accordance with its own rules of conduct and
procedure, which rules shall be consistent with and pursuant to all
provisions of law applicable thereto.
B.
A public hearing shall be held by said Board on every
appeal and application made to it, except for questions involving
an interpretation of any provision of this chapter and not involving
an appeal from a decision of the Building Inspector. Application shall
be made to the City Clerk at least 45 days prior to the scheduled
meeting.
[Amended 3-26-1979; 4-8-1991]
C.
A notice of such hearing, including a short summary
of any variance sought, street address of all lots or buildings involved
in the appeal or application, shall be given by publication in the
official newspaper of the City at least five days before the date
of such hearing. A notice of such hearing shall be transmitted to
the applicant. The applicant shall be required to notify all property
owners within 250 feet of the perimeter of the property as they appear
on the last assessment roll. Such notice of public hearing shall be
mailed via first-class mail at least 10 days prior to the hearing,
and the petitioner shall submit the mailing list of names and addresses
and a certificate of mailing stamped by the U.S. Post Office as evidence
of such mailing. The expense of publishing and mailing any notice
required by this section shall be paid by the applicant or appellant.
[Amended 3-26-1979; 2-8-1999; 5-14-2007 by L.L. No. 3-2007; 11-14-2011 by L.L. No.
10-2011; 9-12-2022 by L.L. No. 7-2022]
D.
In addition, by at least 45 days prior to the scheduled
meeting of the Zoning Board of Appeals, the City Clerk shall transmit
to the Department of Planning, Development and Code Enforcement a
copy of any written appeal or application; where applicable, this
application must include a written statement from the Building Inspector
stating the reasons for which a building permit has been denied and
the type and number of zoning variances needed in order to issue a
building permit. The Department of Planning, Development and Code
Enforcement will then submit zoning applications to the Planning Commission,
which may submit an advisory opinion on said appeal or application
at any time prior to the rendering of a decision.
[Amended 3-26-1979; 4-8-1991]
E.
Unless substantial construction is commenced and diligently
pursued within one year of the date of the granting of a variance,
such variance shall become null and void.
F.
All appeals and applications made to the Zoning Board
of Appeals shall be in writing, on forms prescribed by the Board,
and shall be accompanied by a fee as designated in the City fee schedule.[1] Every appeal or application shall refer to the specific
provision of the chapter involved and shall exactly set forth the
interpretation that is claimed or the details of the variance that
is applied for and what hardship or practical difficulty is claimed
for which that variance should be granted, as the case may be.
G.
Every decision of the Zoning Board of Appeals shall
be recorded in accordance with standard forms adopted by the Board,
shall fully set forth the circumstances of the case and shall contain
a full record of the findings on which the decision is based. Every
decision of the Zoning Board of Appeals shall be filed by case number,
together with all documents pertaining thereto.
H.
Notice of all decisions shall be forwarded to the
Planning Commission as well as to the Building Inspector so that he
is prepared to enforce any conditions set forth in such decisions.
I.
All the provisions of this chapter relating to the
Zoning Board of Appeals shall be strictly construed. The Board, as
a body of limited jurisdiction, shall act in full conformity with
all provisions of law and of this chapter and in strict compliance
with all limitations contained herein; provided, however, that if
the procedural requirements set forth in this chapter have been substantially
observed, no applicant or appellant shall be deprived of the right
of application or appeal.
J.
Prior to final action, the Zoning Board of Appeals shall refer any matter involving any of the areas specified in Article XII, § 575-58E(1)(a) through (e), to the Westchester County Planning Board in accordance with Section 451 of Article 15 of the Westchester County Administrative Code.[2]
[2]
Editor's Note: See § 277.61 of the
Westchester County Administrative Code.
K.
An application to the Zoning Board of Appeals shall
be considered to be incomplete, shall not be accepted for review and
shall not be entertained if it is in relation to any property:
[Added 1-14-2008 by L.L. No. 1-2008]
(1)
Which, at the time of the application, is in violation
of this chapter or the New York State Uniform Fire Prevention and
Building Code except in furtherance of curing the violation; or
(2)
Which is in common ownership with any other property
in the City of Peekskill which is in violation of this chapter or
the New York State Uniform Fire Prevention and Building Code; or
(3)
Which has ever been in common ownership with any other
property in the City of Peekskill that:
(a)
Is in violation of this chapter or the New York
State Uniform Fire Prevention and Building Code on the date of the
application; and
(b)
Has been in violation of this chapter or the
New York State Uniform Fire Prevention and Building Code continually
from the time that it was in common ownership with the subject property;
and
(c)
Which is not owned by an owner who purchased
the subject property in an arm's-length transaction, for fair market
value and without knowledge of the existing violation on the other
once commonly owned property. The burden of proof shall rest with
the applicant as to whether he or she is an owner who purchased the
subject property in an arm's-length transaction, for fair market value
and without knowledge of the existing violation on the other once
commonly owned property.
