The Board of Appeals shall, pursuant to the
Village Law, as amended from time to time, hear and decide appeals
from and review any order, requirement, decision or determination
made by the Building Inspector or other officer charged with the enforcement
of this chapter.
[Amended 8-20-1957; 5-13-1958; 3-10-1959; 3-22-1960; 12-13-1960; 5-10-1966; 10-24-1967; 5-13-1975 by L.L. No.
1-1975; 3-26-1976 by L.L. No. 2-1976; 11-26-1979 by L.L. No. 10-1979; 2-24-1981 by L.L. No. 1-1981; 1-22-1985 by L.L. No. 4-1985; 1-12-1988 by L.L. No.
1-1988; 5-10-1988 by L.L. No. 5-1988; 3-12-1991 by L.L. No. 1-1991; 9-27-1994 by L.L. No. 9-1994]
A.
The Board of Appeals may, in a specific case, after
public notice and hearing and subject to appropriate conditions and
safeguards to be prescribed by such Board, determine and vary the
application of the provisions of this chapter, in harmony with their
general purposes and intent, as follows:
(1)
Permit in any district the location of a principal
building nearer to a street line or a lot line than is permitted by
this chapter.
(2)
Permit the location of any accessory structure in
any district nearer to the street line or lot line than is permitted
by this chapter.
(3)
Permit, in a Residence A-4, A-5 or C District, on
adjacent lots, accessory structures with a common wall.
(4)
Permit the restoration of a nonconforming building,
subject to the provisions of § 310-67F of this chapter.
(5)
Permit a lot to be exempt from the minimum area, width and street line frontage requirements of §§ 310-14 and 310-15 of this chapter, as modified by § 310-67 of this chapter, provided that such lot has an area of at least 4,000 square feet, if located in a Residence A-5 or C District, or, if located in any other residence district, such lot has an area of at least 75% of the minimum area prescribed in § 310-14 of this chapter for that district and provided further that such lot has a street line frontage at least 85% of that prescribed in § 310-15 of this chapter, subject to such conditions as that prescribed respecting the setback of buildings on such lot from the boundary lines thereof.
[Amended 1-23-2001 by L.L. No. 4-2001]
(6)
Permit the extension of a use or structure into a
more restricted district immediately adjacent thereto, except that
no such extension from a Buffer Parking District into a Resident A
District or from a Business A, Village Center Area or C District into
a Buffer Parking District may be permitted.
[Amended 4-8-1997 by L.L. No. 3-1997]
(7)
Permit a building, in a Business A, Village Center
Area or C or Residence C District, which is nonconforming with respect
to use to be enlarged or altered or to be relocated on the same lot
or on adjoining property within the same zoning district, provided
that a majority of the entire Board as if there were no vacancies
shall determine in each case that:
[Amended 4-8-1997 by L.L. No. 3-1997]
(a)
The building, as enlarged, altered or relocated,
will not create or seriously aggravate a traffic or other hazard.
(b)
The building, as enlarged, altered or relocated,
will not impair the use, enjoyment or value of properties in surrounding
areas.
(c)
The building, as enlarged, altered or relocated,
will not be incongruous or detrimental to the prevailing character
of the neighborhood.
(d)
The building, as enlarged, altered or relocated,
will not provide facilities for the rendering of any new or materially
different service.
(e)
The building, as enlarged, altered or relocated,
will be of such size and so located, arranged and architecturally
designed and that the layout and landscaping of the site will be so
designed as to improve substantially the appearance of the area.
(f)
The building, as enlarged, altered or relocated,
and the layout and landscaping of the site will in general be consistent
with the public health, safety and general welfare of the community.[2]
[2]
Editor's Note: Former Subsection A(8), which
immediately followed this subsection and related to Residence B Districts,
was repealed 4-8-1997 by L.L. No. 3-1997.
B.
All applications for variances shall be accompanied
by plans and sketches of the lots, premises and buildings in question,
showing the location and architectural elevations of the present and
proposed buildings. In addition, each application shall be accompanied
by such additional information as may be required by the Building
Inspector and by the Board of Appeals, to include contours at intervals
of not more than two feet, including existing and proposed contours,
in the vicinity of any new construction, when required.
[Added 9-27-1994 by L.L. No. 9-1994;
amended 5-23-1995 by L.L. No. 7-1995; 3-26-1996 by L.L. No. 2-1996; 4-9-1996 by L.L. No. 4-1996; 10-14-2003 by L.L. No. 10-2003]
A.
The special uses for which conformance to additional
standards is required by this section shall be deemed to be permitted
uses in the respective districts, subject to the satisfaction of the
requirements, standards and safeguards set forth herein, including
such additional requirements as may be specified by the Board of Appeals,
provided that the Board determines that the individual use is in harmony
with the general purposes and intent of the Zoning Code. All such
uses are declared to possess characteristics of such a unique and
special nature that each specific use shall be considered as an individual
case. The Board of Appeals will give public notice and hold a hearing
on each application prior to approval of a special use permit. The
Board may also:
(1)
Grant temporary and conditional special use permits
for a period of two years or less for uses and buildings which, but
for such permission, would not comply with the requirements of this
chapter.
(2)
Permit swimming pools as an accessory structure to
a principal building used for residence purposes, for the exclusive
use of the occupants of said principal building and their guests,
upon a determination that such use is consistent with the public health,
safety, morals and general welfare of the community, after taking
into consideration the location and size of the plot, the site, the
plans and detailed building plans of such swimming pool and any accessory
buildings, showing dimensions, design, elevation, location and uses
of all structures, drainage, sewerage and sanitary facilities, fences,
screening, planting and such other information, including the manner
of operation, use and maintenance of such swimming pool, as may be
required by the Board of Appeals. Any special use permit granted by
the Board of Appeals for such use may prescribe reasonable rules and
regulations for the operation, maintenance and use of such swimming
pool and accessory structures consistent with the public health, safety,
morals and general welfare of the community, may require that such
swimming pool be located at such distance from any property line as
may be fixed by the Board of Appeals but shall be at least the distances
specified in § 310-47C of this chapter, may require that
fences or walls be erected and maintained around such swimming pool
and may limit any pool lighting to underwater lighting.
(4)
Permit in a residence district as a customarily incidental
or accessory use to the residential use of a principal building, for
the exclusive use of the occupants of said principal building and
their guests, tennis courts, platform tennis courts, lawn tennis courts,
basketball courts, sports courts or other racket sport facilities
and handball walls or courts, not exceeding 60 feet by 120 feet in
size, upon a determination that such use is consistent with the public
health, safety, morals and the general welfare of the community, after
taking into consideration the location and size of the plot, the site
and detailed building plans of such court or other racket sport facility,
showing dimensions, design, elevation, location, distances from property
lines, existing and proposed topography and uses of all existing and
proposed structures, drainage, fences, screening, planting, retaining
walls and such other information, including the manner of operation,
use and maintenance of such court or other sport facility, as may
be required by the Board of Appeals. Any special use permit granted
by the Board of Appeals for such use may prescribe reasonable rules
and regulations for the operation, maintenance and use of such court
or other sport facility consistent with the public health, safety,
morals and general welfare of the community, provided that:
(a)
Such court or other sport facility may only
be constructed and maintained on an improved lot or an unimproved
lot or lots adjoining and in common ownership with such improved lot.
(b)
The distance from any portion of such court
or other sport facility to the property lines shall be determined
by the Board of Appeals but shall be at least the distances specified
in § 310-47C of this chapter.
(c)
No ball machine or similar device shall be permitted.
(d)
No loudspeaker or similar amplifying device
shall be permitted.
(e)
Such court or sport facility shall be screened
in such a manner by evergreen plantings so that it shall not be visible
from any public or private property other than the owners'.
(f)
Such court or sport facility shall not be covered
by any manner of roof.
(g)
Such court or sport facility shall not be used
for professional instruction except to occupants of the principal
residential building.
(h)
No artificial illumination of any kind shall
be permitted.
(5)
For receive-only antennas of a diameter of more than
one meter, permit in a residence district as a customarily incidental
or accessory use to the residential use of the principal building
for the exclusive use of the occupants of said principal building
and their guests receive-only satellite dish antennas, upon a determination
that such use is consistent with the public health, safety, morals
and the general welfare of the community, after taking into consideration
the location and size of the plot, the site and detailed construction
plans of the satellite dish antenna and its relationship to the plot
limits, the topography, existing and proposed structures and site
development features, screening and such other information as may
be required by the Board of Appeals, provided that such installation
shall meet the following conditions:
(a)
The antenna shall be located only in the rear
yard, mounted on the ground, and shall not violate the applicable
zoning setback restrictions for accessory structures.
(b)
The overall height, measured from the mean ground
level to the highest part of the antenna, and the width and depth
of the antenna shall each not exceed 15 feet.
(c)
The antenna shall be located and screened to
minimize motor noise and visibility from the street and adjacent properties.
(6)
Permit the continuance of a legal, preexisting, nonconforming residential use in a residential zoning district pursuant to § 310-67 of this chapter.
(7)
Exercise such other powers of original jurisdiction
as are specifically provided for in other sections of this chapter
or are authorized under the Village Law, as amended from time to time.
B.
All applications for special use permits shall be
accompanied by plans and sketches of the lots, premises and buildings
in question, showing the location and architectural elevations of
the present and proposed buildings or construction. In addition, the
application shall be accompanied by such additional information as
may be required by the Building Inspector and by the guidelines and
policy statements of the Board of Appeals, to include contours at
intervals of not more than two feet, including existing and proposed
contours, in the vicinity of any new construction, when required.
