A.Â
A Board of Appeals, as heretofore established by the
Town Board, is hereby maintained.
B.Â
Said Board shall have the power to adopt, from time
to time, such rules and procedure not inconsistent with law, as it
may determine to be necessary to carry out the provisions of these
regulations and to exercise the authority vested in it by the Town
Law.
The Board of Appeals shall have all the powers
and duties prescribed by the Town Law and by this chapter, which powers
and duties are summarized and more particularly specified as follows,
provided that none of the following provisions shall be deemed to
limit any of the power of the Board of Appeals that is conferred by
§§ 267, 267-a and 267-b of the Town Law.
On appeal from an order, requirement, decision or determination made by an administrative official, the Board of Appeals shall decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any "district" boundary line, if uncertainty remains after reference to the rules specified in Article II.
Where there are practical difficulties or unnecessary
hardships in the way of carrying out the strict letter of the chapter,
the Board of Appeals shall have the power in passing upon appeals
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, upon application
by an appellant, so that the spirit of this chapter shall be observed,
public safety and welfare secured and substantial justice done.
A.Â
"Use" variances. Where because of unnecessary hardship
relating to the land an applicant desires to utilize land for a "use"
not allowed in the "district" in which the land is located, the Board
may grant a variance in the application of the provisions of this
chapter in the specific case, provided that as a condition to the
grant of any such variance, the applicant shall demonstrate to the
Board, and the Board shall make each and every one of the following
findings, that for each and every permitted "use" under the zoning
regulations for the particular "district" where the property is located:
(1)Â
The applicant cannot realize a reasonable return,
provided that lack of return is substantial as demonstrated by competent
financial evidence;
(2)Â
The alleged hardship relating to the property in question
is unique, and does not apply to a substantial portion of the "district"
or neighborhood;
(3)Â
The requested "use" variance, if granted, will not
"alter" the essential character of the neighborhood;
(4)Â
The alleged unnecessary hardship has not been self-created;
and
(5)Â
That within the intent and purposes of this chapter
the variance, if granted, is the minimum variance necessary to afford
relief and at the same time preserve and protect the character of
the neighborhood and the health, safety and welfare of the community.
To this end, the Board may permit a lesser variance than that applied
for.
B.Â
Area variances. In making its determination, the Board
of Appeals shall consider the benefit to the applicant if the variance
is granted, as weighed against the detriment to the health, safety,
and welfare of the neighborhood or community by such grant. In making
such determination, the Board shall also consider the following factors:
(1)Â
Whether an undesirable change will be produced in
the character of the neighborhood or a detriment to nearby properties
will be created by the granting of the area variance.
(2)Â
Whether the benefit sought by the applicant can be
achieved by some method feasible for the applicant to pursue other
than an area variance.
(3)Â
Whether the requested area variance is substantial
in relation to the requirement.
(4)Â
Whether the proposed variance will have an adverse
effect or impact on the physical or environmental conditions in the
neighborhood or "district."
(5)Â
Whether the alleged difficulty was self-created, which
consideration shall be relevant to the decision of the Board but shall
not necessarily preclude the granting of the area variance.
(6)Â
The Board, in the granting of an area variance, shall
grant the minimum variance that it shall deem necessary and adequate
to afford relief and at the same time preserve and protect the character
of the neighborhood and the health, safety and welfare of the community.
To this end, the Board may permit a lesser variance than that applied
for.
C.Â
Variances when subdivision, site plan or special permit applications are involved. Where a proposed site plan contains one or more features which do not comply with the zoning regulations, or where a proposed special permit "use" contains one or more features which do not comply with the zoning regulations, or where a proposed subdivision plat contains one or more "lots" which do not comply with the zoning regulations, application may be made to the Board of Appeals for an area variance or variances pursuant to Subsection B, without the necessity of a decision or determination of an administrative official charged with the enforcement of this chapter or a referral by an approving agency acting pursuant to this chapter.
[Amended 4-11-2003 by L.L. No. 4-2003]
The Board of Appeals, in granting of both "use" variances and area variances, may prescribe such reasonable conditions or restrictions applying to the grant of a variance as it may deem necessary in each specific case, in order to minimize the adverse effects of such variance upon the character and property values of the neighborhood or community and to protect the public health, safety and welfare. All required improvements, and compliance with all applicable laws and regulations of the Town Code, shall be guaranteed by a performance and restoration bond, or other suitable form of financial security deemed acceptable by the Town Attorney, in accordance with the provisions of § 113-92.1. Such conditions or restrictions shall be directly related to the proposed "use" of the property and shall be incorporated in the building permit and certificate of occupancy. Failure to comply with such conditions and restrictions shall constitute a violation of this chapter, and may constitute the basis for denial or revocation of a building permit, certificate of conformance or certificate of occupancy and for all other applicable remedies.
An appeal shall be taken within 60 days of the
order or decision appealed from by filing with the official or agency
from whom the appeal is taken and with the Board of Appeals a notice
of appeal specifying the ground thereof. The official or agency from
whom the appeal is taken shall forthwith transmit to the Board all
the papers constituting the record upon which the action appealed
from is taken. A referral to the Board for a variance, or a request
for an interpretation, may be made at any time. All such appeals and
applications to the Board shall be made by the owner or agent duly
authorized, in writing, and shall be on forms prescribed by the Board.
Each appeal or application shall fully set forth the circumstances
of the case, shall refer to the specific provision of the chapter
involved, and shall exactly set forth, as the case may be, the interpretation
that is claimed, the details of the adjustment that is applied for
and the grounds on which it is claimed that the same should be granted.
A.Â
Upon receipt of a completed appeal or application,
the Board of Appeals may forward copies for review and report to the
Building Inspector, Town Engineer and Planning Board and to other
such officials and agencies of the Town as it deems appropriate. All
such agencies shall have 45 days from the date of forwarding to submit
a report. In reviewing an application for an area variance for a subdivision
plat, the Zoning Board of Appeals shall request the Planning Board
to provide a written recommendation concerning the proposed variance.
B.Â
The Board of Appeals shall refer to the Westchester
County Planning Board for its recommendation all matters within the
provisions of Article 12B, Section 239-l and 239-m of the General
Municipal Law at least 10 days prior to the public hearing.
The Board of Appeals shall conduct a public
hearing on every appeal, application or request made pursuant to this
chapter. Such public hearing shall be held within a reasonable time
from the date an appeal is taken or an application or request is made
to the Board.
[Amended 12-8-2016 by L.L. No. 2-2016]
Notice of Hearing shall be published in the official newspaper
at least 14 days prior to the date of such hearing
The Board of Appeals shall decide upon the appeal
for relief, interpretation or determination within 62 days after the
close of said hearing. The time within which the Board must render
its decision may be extended by mutual consent of the applicant and
the Board. Every decision of the Board of Appeals shall be by resolution,
shall be recorded and shall fully set forth the facts of the case,
the findings and the conclusions on which the decision was based.
The decision of the Board shall be fide in the office of the Town
Clerk within five business days after the day such decision is rendered,
and a copy of such resolution shall be mailed to the applicant.
A motion for the Zoning Board of Appeals to
hold a rehearing to review any order, decision or determination of
the Board not previously reviewed may be made by any member of the
Board. A unanimous vote of all members of the Board then present is
required for such hearing to occur. Such rehearing is subject to the
same notice provisions as an original hearing. Upon such rehearing
the Board may reverse, modify or annul its original order, decision
or determination upon the unanimous vote of all members then present,
provided the Board finds that the rights vested by persons acting
in good faith in reliance upon the reviewed order, decision or determination
will not be prejudiced thereby.
Any person or corporation, other than the Town
of Pound Ridge, making any application to the Board of Appeals under
the provisions of this chapter shall pay to the Building Department
the sum as set forth in the Schedule of Fees[1] to cover the cost of advertising the notice of hearing,
upon each application filed.
