The Zoning Board of Appeals, consisting of five persons, heretofore established pursuant to the provisions of Article VII of the Village Law, is hereby continued with all the powers and duties prescribed by 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 power of the Zoning Board of Appeals that is conferred by general law:
A.
Interpretation. On appeal from an order, requirement, decision or determination made by an administrative official or on request by an official, board or agency of the Village, to decide any question involving the interpretation of any provision of this chapter, including the determination of the exact location of any district boundary if uncertainty with respect thereto remains after exhausting the rules specified in § 381-10.
B.
Variances.
(1)
Use variances. On appeal from an order, requirement,
decision, interpretation or determination by an administrative official,
the Zoning Board of Appeals shall have the power to grant use variances,
as defined herein.
(a)
No use variance shall be granted by the Zoning
Board of Appeals unless it finds that the applicable zoning regulations
have caused the applicant unnecessary hardship. In order to prove
unnecessary hardship, the applicant must prove that, for each and
every permitted use under the zoning regulations for the particular
district where the property is located:
[1]
The applicant cannot realize a reasonable return,
provided that lack of return is substantial as demonstrated by competent
financial evidence;
[2]
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]
The requested use variance, if granted, will
not alter the essential character of the neighborhood; and
[4]
The alleged hardship has not been self-created.
(b)
In the granting of use variances, the Zoning
Board of Appeals shall grant the minimum variance that it shall deem
necessary and adequate to address the unnecessary hardship proved
by the applicant and at the same time preserve and protect the character
of the neighborhood and the health, safety and welfare of the community.
(c)
The granting of the variance shall be in harmony
with the general purpose and intent of this chapter and will not be
injurious to the neighborhood and otherwise detrimental to the public
welfare.
(2)
Area variances. On appeal from an order, requirement,
decision, interpretation or determination by an administrative official,
the Zoning Board of Appeals shall have the power to grant area variances,
as defined herein.
(a)
In determining whether to grant an area variance,
the Zoning Board of Appeals must weigh the variance's benefit to the
applicant against the variance's detriment to the health, safety and
welfare of the neighborhood or community. The Zoning Board of Appeals
must also consider the following factors:
[1]
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]
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]
Whether the requested area variance is substantial;
[4]
Whether the proposed variance will have an adverse
effect or impact on the physical or environmental conditions in the
neighborhood or district; and
[5]
Whether the alleged difficulty was self-created,
which consideration shall be relevant to the decision of the Zoning
Board of Appeals but shall not necessarily preclude the granting of
the area variance.
(b)
In the granting of area variances, the Zoning
Board of Appeals shall grant the minimum variance that it shall deem
necessary and adequate and at the same time preserve and protect the
character of the neighborhood and the health, safety and welfare of
the community.
(3)
In the granting of both use variances and area variances,
the Zoning Board of Appeals shall have the authority to impose such
reasonable conditions and restrictions as are directly related to
and incidental to the proposed use of the property. Such conditions
shall be consistent with the spirit and intent of this chapter and
shall be imposed for the purpose of minimizing any adverse impact
such variance may have on the neighborhood or community.
C.
Special permit. The Zoning Board of Appeals is hereby authorized to grant or deny special permit applications as set forth in Article V of this chapter.
D.
Procedures for appeals, interpretations and variances.
(1)
The Zoning Board of Appeals shall hold a public hearing
on every appeal and application made to it, notice of which hearing
and of the substance of the appeal or application shall be given by
publication in the official newspaper of the Village at least 10 days
before the date of such hearing and by such other notice as the Zoning
Board of Appeals by duly adopted rule shall require.
(2)
At least 10 days before the date of any public hearing,
notice of such public hearing shall be transmitted to the Clerk of
any adjacent municipality, the boundary of which lies 500 feet or
less from the property that is the subject of the appeal or application.
Any agency of the adjacent municipality so notified may submit to
the Zoning Board of Appeals an advisory opinion on said appeal or
application at any time prior to the rendering of a decision.
(3)
Notice.
(a)
The Board shall not act upon any application
for a variance unless notice of the hearing on such application, similar
in content to that required to be published in the newspaper, shall
be mailed by regular mail, at least 10 days prior to the date of such
hearing, to the record owners of neighboring properties as follows:
(b)
For the purpose of this section, the term "record
owner(s)" shall mean the person(s) shown on the record of the tax
office of the Village of Larchmont on the date the notice is mailed
as being the owner(s) of the property.
(c)
In the event there is substantial compliance
with this section, the failure of any property owner to receive the
required notice shall not invalidate any action taken by the Board
in connection with the application the required notice refers to.
(4)
All 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 therein; provided, however, that the procedural requirements
set forth in this chapter shall not operate to deprive an applicant
or appellant of the right of application or appeal if such applicant
or appellant has substantially observed such procedural requirements.
(5)
All appeals and applications made to the Zoning Board
of Appeals shall be in writing, on forms prescribed by the Board,
and each such appeal or application shall fully set forth the circumstances
of the case, refer to the specific provision of the law involved and
shall exactly set forth, as the case may be, the interpretation that
is claimed, the details of the variance that is applied for and the
grounds on which it is claimed that the same should be granted or
the use for which the special permit is sought. Every decision of
the Zoning Board of Appeals shall be recorded on standard forms adopted
by the Board and shall fully set forth the circumstances of the case
and the findings on which the decision is based. Every decision of
the Zoning Board of Appeals shall be by resolution, and each such
resolution shall be filed in the office of the Secretary of the Board.
The Zoning Board of Appeals shall notify the Planning Board and the
Building Inspector of its decision in each case. The Zoning Board
of Appeals shall report to the Board of Trustees periodically, at
least annually.
