[Amended 7-6-2005 by L.L. No. 2-2005[1]]
The Board of Trustees of the Incorporated Village
of East Rockaway shall appoint a Board of Appeals consisting of five
members, each of whom shall serve for a term of five years, and one
alternate member who shall serve for a term of one year, which Board
of Appeals shall hear and decide appeals from and review any order,
requirement, decision or determination made by an administrative officer
or board charged with the enforcement of any ordinance adopted pursuant
to this chapter.
A.
It shall, also, hear and decide all matters referred
to it, or upon which it is required to pass under this chapter or
the Village Law of the State of New York.
B.
Such appeal may be taken by any person aggrieved or
by any officer, board or bureau of the Village.
C.
Such Board of Appeals shall have all the rights, powers
and duties now granted or imposed upon it by the Village Law of the
State of New York.
[1]
Editor's Note: This local law also superseded
Village Law § 7-712, Subdivision (11), as its applied to
the Village, to read as follows:
11. Alternate members. a. A village board
of trustees may, by local law or as a part of the local law creating
the zoning board of appeals, establish alternate zoning board of appeals
member positions for purposes of substituting for a member in the
event such member is absent or otherwise unable to serve. Alternate
members of the zoning board of appeals shall be appointed by the mayor,
subject to the approval of the board of trustees, for terms established
by the village board of trustees.
b. The chairperson of the zoning board of
appeals may designate an alternate member to substitute for a member
when such member is absent or otherwise unable to serve. When so
designated, the alternate member shall possess all the powers and
responsibilities of such member of the board. Such designation shall
be entered into the minutes of the initial zoning board of appeals
meeting at which the substitution is made.
A.
The Board of Appeals shall have all the powers and
duties prescribed by Village Law and by this chapter, which powers
and duties are summarized and more particularly specified as follows,
provided that none of the following sections shall be deemed to limit
any of the power of the Board of Appeals that is conferred by the
Village Law.
[Amended 12-14-2015 by L.L. No. 4-2015; 5-13-2019 by L.L. No. 4-2019]
B.
On appeal from an order, requirement, decision or determination made by an administrative official, or on request from any official or agency of the Village, the Board of Appeals shall have the authority to decide any question involving the interpretation of any provision of this chapter, including determination of the exact application of the rules specified in §§ 288-81 through 288-93. The Board of Appeals is authorized and empowered to hear and decide all applications for permits involving any use subject to specific standards referred to it under Chapter 101, Building Construction.
C.
Where the strict application of any of the requirements
of this chapter, in the case of an exceptionally irregular, narrow,
shallow or steep lot or other exceptional physical conditions would
result in practical difficulty or unnecessary hardship that would
deprive the owner of the reasonable use of the land or building involved,
but in no other case, the Board of Appeals shall have the power, upon
appeal, to vary or adjust the strict application of the regulations
or provisions of this chapter. No adjustment in the strict application
of any provisions of this chapter shall be granted by the Board of
Appeals unless it finds that:
(1)
There are special circumstances or conditions, fully
described in the findings of the Board of Appeals, applying to the
building or land for which the adjustment is sought, which circumstances
or conditions are peculiar to such land or building and do apply generally
to land or buildings in the neighborhood.
(2)
For reasons fully set forth in the findings of the
Board, the aforesaid circumstances or conditions are such that the
particular application of the provisions of this chapter would deprive
the applicant of the reasonable use of such land or building, and
the granting of the adjustment is necessary for the reasonable use
of the land or building, and the adjustment as granted by the Board
is the minimum adjustment that will accomplish the purpose.
(3)
The granting of the adjustment is in harmony with
the general purposes and intent of this chapter and of the Land Use
Plan, and will not be injurious to the neighborhood or otherwise detrimental
to the public welfare.
D.
In accordance with Chapter 244, Signs, the Board of Appeals may authorize the issuance of permits for certain signs in districts in which such signs are permitted.
E.
In all cases where the Board of Appeals authorizes
the issuance of a building permit or occupancy permit under any of
the above powers, it shall be the duty of said Board to impose such
conditions and safeguards as may be required to protect the public
health, safety, morals and general welfare.
All appeals and applications to the Board of
Appeals shall be taken in the manner prescribed by law and within
such time as shall be prescribed by the Board of Appeals by general
rule. All such appeals and applications shall be in writing on forms
prescribed by the Board, and each appeal or application shall fully
set forth the circumstances of the case.
A.
Every appeal or application shall refer to the specific
provision of the ordinance 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 for which it is
claimed that the same should be granted or the use for which a permit
is sought.
B.
Every decision of the Board of Appeals shall be recorded
in accordance with standard forms adopted by the Board and shall fully
set forth the circumstances of the case and the findings on which
the decision was based.
At all hearings before the Board of Appeals,
on appeals and on applications, the minutes of the hearings shall
be taken by a stenographic reporter, unless the same is waived by
the Chairman or Acting Chairman of the Board of Zoning Appeals.
Any person or persons jointly or severally aggrieved
by any decision of the Board of Appeals or any officer, department,
board or bureau of the Village may apply to the Supreme Court for
relief in the manner provided for by law.
[Amended 12-13-2004 by L.L. No. 3-2004]
A.
The Board of Appeals shall make rules as to the manner
of filing appeals or applications for special use permits or special
exceptions or variances from the terms of this chapter and as to any
other matter requiring action by said Board.
B.
Upon the filing with the Board of Appeals of an appeal
or of an application for a special use permit or special exception
or variance from the terms of this chapter and upon payment of required
fees, the Board shall fix a time and place for a public hearing thereon
and shall give notice of such hearing as follows:
C.
Notice of hearing shall state the location of the building or premises, the name of the owner and applicant and the general nature of the application. Any specific variance or other relief from the Zoning Code not duly noticed as stated in Subsection B above and included in the mailing as in Subsection E below, shall be cause for the cancellation of a scheduled public hearing, and the applicant must then request a new date for said hearing and republish and remail notice at the applicant's expense, as was required for the original hearing.
D.
Cost and expense of providing the above notice shall
be borne by the applicant.
E.
Mailing of notices; rescheduling of public hearing.
(1)
The applicant or his/her authorized agent shall mail
notice of the hearing, postmarked no less than 10 days nor more than
20 days before the hearing, to the owners of all properties located
within 200 feet of the exterior limits of the subject property as
shown on the current tax roll:
(a)
Notice of hearing addressed to the owners of
properties that are directly adjacent to the subject property shall
be sent by certified mail return receipt requested. For purposes of
this subsection, "adjacent" shall include property located on the
opposite side of any street or right-of-way.
(b)
Notice of hearing addressed to the owners of
all other properties located within 200 feet of the exterior limits
of the subject property shall be sent by first class mail.
(2)
The applicant or his/her authorized agent shall also file an affidavit of mailing with the Board of Appeals office no less than two business days before the hearing. Said affidavit shall contain a sworn statement by the affiant that he/she is the person that actually mailed the notices and a list of the names and addresses of the property owners that were notified and the manner in which they were mailed notice. The affidavit shall be accompanied by the receipts for those notices mailed by certified mail and any return receipts received at the time the affidavit is filed. Failure to mail the notices as required by Subsection B above and/or provide the affidavit of mailing to the Board of Appeals office as required herein may result in postponement of the public hearing.
F.
Posting of signs. In addition to the mailing of notice as required by Subsection E above, the applicant or his/her authorized agent shall also post a sign on each frontage of the subject property giving notice that an application is pending before the Board of Appeals and the nature of that application, as well as the date, time and place at which the public hearing will take place.
(1)
The sign(s) shall be 20 inches by 30 inches and shall
be supplied to the applicant by the Village Building Department for
a fee. Said sign(s) shall be located at the center of the frontage
of the subject property, not more than 10 feet back from the property
line. It shall be located not less than two feet nor more than six
feet above grade and it must be clearly visible from the street. On
or before the date and time of the public hearing the applicant or
his/her agent shall certify, in writing, in a notarized affidavit
to the Board, that he/she has erected the sign as described herein.
At the discretion of the Board, the failure to erect the sign or submit
the affidavit may result in the cancellation of the hearing.
(2)
Such sign or signs shall be displayed for a period
of not less than 10 days immediately preceding the public hearing
and shall be removed by the applicant or his/her agent within three
days after the hearing has taken place.
Wherever, under the provisions of this chapter
or the Village Law of the State of New York, the Board of Appeals
is required to review any order, requirement, decision or determination
made by an administrative official charged with the enforcement of
this chapter, or whenever it is required to hear and decide any matters
referred to it upon which said Board may be required to pass and upon
any and all other matters where its approval, consent or permit is
required, the Board, in its consideration and determination, shall
confine itself to the purposes expressed in the Village Law and in
this chapter, namely, that such chapter is enacted for the purpose
of promoting the health, safety, morals or the general welfare of
the community.
In all matters where appeal is made to said
Board for relief from the strict letter of this chapter, the Board
of Appeals shall determine and vary the application of the provisions
of this chapter in harmony with the general purpose and intent of
the zoning laws of the State of New York applicable to villages and
of this chapter.
A.
The determination of the Board shall be made in accordance
with the provisions of the Village Law concerning a comprehensive
plan and design set forth in said Village Law and in this chapter
to lessen congestion of the streets; to secure safety from fire, panic
and other dangers; to promote health and the general welfare; to provide
adequate light and air; to prevent the overcrowding of land; to avoid
undue concentration of population; and to facilitate the adequate
provisions of transportation, water, sewerage, schools, parks and
other public requirements.
B.
The deliberations and determinations of said Board
shall be made with reasonable consideration, among other things as
to:
(1)
The character of the district.
(2)
Its peculiar suitability for particular uses.
(3)
The conservation of property values.
(4)
Encouraging the most appropriate use of land throughout
the Village of East Rockaway.
(5)
The direction of building development.
(6)
The practical difficulty for unnecessary hardship
is created by this chapter and not by the act of the applicant.
(7)
Such difficulty not common to others in the neighborhood
or district.
[Added 3-12-2007 by L.L. No. 2-2007]
A.
The Board of Appeals shall, in the granting of any
use variance or area variance, have the authority to impose such reasonable
conditions and restrictions as are directly related to and incidental
to the proposed use of the property.
B.
Such conditions shall be consistent with the spirit
and intent this chapter, and shall be imposed for the purpose of minimizing
any adverse impact such variance may have on the neighborhood or community.[1]
[1]
Editor's Note: Former § 288-111.2, Conditions governing
variances from the off-street parking requirements, added 3-12-2007
by L.L. No. 2-2007, which immediately followed this section, was repealed
11-15-2010 by L.L. No. 10-2010.
