[Amended 1-24-2011 by L.L. No. 1-2011]
The Zoning Board of Appeals shall make rules as to the manner
of filing appeals or applications for special exceptions or variances
from the terms of this chapter.
[Amended 3-8-2010 by L.L. No. 2-2010; 1-24-2011 by L.L. No. 1-2011]
Upon the filing with the Zoning Board of Appeals of an appeal
or an application for a special exception or variance from the terms
of this Code, the ZBA shall fix the time and place for a public hearing
thereon and shall give notice thereof as follows:
A. By
publishing a notice thereof once a week for two weeks in at least
one of the official newspapers.
B. By
posting a notice thereof in a conspicuous place at the Village Hall
on or before the date of first publication.
C. By requiring the applicant to mail a notice thereof to every association of residents of the Village that shall have registered its name and address for the purpose with the Zoning Board of Appeals or the Planning Board and to the owners of all property within 200 feet of the subject premises at least 10 days prior to the date of the public hearing by certified mail, return receipt requested, and proof of such mailing must be submitted to the Clerk of the ZBA at least two days before said hearing. For an application for a special exception for a fence (§
183-139), said notice shall be mailed to the abutting owners only at least 10 days before said hearing by certified mail, return receipt requested, and proof of mailing submitted two days before such hearing.
D. By
requiring the applicant to erect a white-with-red-lettering sign or
signs measuring not less than 30 inches high and 40 inches wide which
shall be prominently displayed not more than 10 feet from the street
on the premises facing each public street on which the property abuts,
giving notice that an application for a special exception or variance
is pending and the date, time and place where the public hearing will
be held. It shall be displayed for a period of not less than 10 days
immediately preceding the public hearing. The applicant shall file
an affidavit that he has complied with the provisions of this section.
Applicant shall promptly remove such sign after the public hearing.
The notices required by §
4-4 shall be prepared by the Zoning Board of Appeals or its designee, and shall state the location of the building or lot and the general nature of the relief requested.
On all applications to the Zoning Board of Appeals, said Board
shall consider the following in making its determination:
A. No
application for an area or use variance shall be approved unless the
applicant has demonstrated the necessary requirements set forth in
the Village Law.
B. No
application for a special exception shall be approved unless the Board
determines that appropriate conditions can be imposed upon the applicant
which will protect the health, safety and welfare of the residents
of the surrounding area.
[Amended 1-24-2011 by L.L. No. 1-2011]
C. The
Zoning Board of Appeals shall also consider whether the granting of
the special exception or variance applied for will be:
[Amended 1-24-2011 by L.L. No. 1-2011]
(1) In harmony with the general purpose and intent of the Code.
(2) In accordance with the comprehensive plan and design set forth in
the Code to lessen congestion in the streets, to secure safety from
fire, panic and other dangers, to provide adequate light and air,
to prevent the overcrowding of land, to avoid undue concentration
of population and to facilitate the adequate provision of transportation,
water, sewage treatment, parks and other public requirements.
(3) In accordance with reasonable consideration, among other things,
as to the character of the district and its peculiar suitability for
the particular use.
(4) With a view to conserving the value of buildings and land and encouraging
the most appropriate use of land throughout the municipality.
(5) With regard to area variances for front yard, side yard, or rear
yard setbacks, or height of a structure, in accordance with the skyplane
relationship between the setback and the height of the structure as
set forth in the skyplane diagram marked as Exhibit A at the end of
this chapter, and a part thereof.
[Amended 3-8-2010 by L.L. No. 2-2010; 1-24-2011 by L.L. No. 1-2011]
A. Every
variance or special exception granted by the Zoning Board of Appeals
or by a court of competent jurisdiction, pursuant to the provisions
of this chapter, which involves a project for which a building permit
is required, shall be and become null, void and of no further force
or effect unless said building permit is issued within 180 days after
the decision of the ZBA has been filed with the Village Clerk or a
final court decision has been entered.
B. Every
applicant shall be entitled to one extension of time for an additional
period of 90 days, provided that a written request is made and granted
by a majority vote of the Zoning Board of Appeals and a fee is paid
therefor; said fee to be established by the Board of Trustees by resolution.
C. In cases covered by this section and pursuant to §
49-4, a building permit shall expire within one year after its issuance, unless extended by the Code Enforcement Officer for up to one six-month period for good cause shown. No further extension shall be given; the applicant's sole recourse shall then be to submit a new application to the ZBA.
D. Any
variance or special exception granted by the Zoning Board of Appeals
or by a court of competent jurisdiction, pursuant to the provisions
of this chapter, which requires no building permit shall be and become
null, void and of no further force or effect unless, within 180 days
after the decision of the ZBA has been filed with the Village Clerk
or a final court decision has been entered, the use so granted shall
actually have commenced at the premises. One extension shall be granted
for an additional ninety-day period, provided that a written request
is made and granted by a majority of the Board of Appeals and a fee
is paid therefor; said fee to be established by the Board of Trustees
by resolution. No further extensions shall be given; the applicant's
sole recourse shall then be to submit a new application to the ZBA.
[Amended 1-24-2011 by L.L. No. 1-2011]
No parcel or part thereof may be the subject of an application
for a special exception or variance within one year after the Zoning
Board of Appeals has held a public hearing on an application for such
relief, unless such application shall be substantially different from
the previous application, except upon a motion adopted by a majority
of the members of the Zoning Board of Appeals.