[Amended 5-7-2002 by L.L. No. 13-2002; 8-6-2002 by L.L. No. 29-2002; 12-18-2018 by L.L.
No. 47-2018]
(A) The Zoning Board of Appeals consisting of seven (7)
members previously appointed in accordance with the provisions of
§ 267 of the Town Law, as amended, shall be continued. The
Town Board shall designate the Chairperson and Vice-Chairperson thereof
for an annual term. Each member shall serve for a term of seven (7)
years, which shall be staggered pursuant to § 267 of the
Town Law, and no member shall serve for more than two (2) full terms
of office. Term limits shall apply to appointments made after the
effective date of this section. It is the intention of the Huntington
Town Board to expressly supersede and/or expand the provisions of
§ 267(2), (6) and (7) of the Town Law as it relates to the
maintenance of a seven-member board, the appointment of a ViceChairperson,
and the creation of term limits by virtue of the powers conferred
upon it in § 10(1)(d)(3) of the Municipal Home Rule Law.
In addition to the powers conferred upon him by the Town Law and General
Municipal Law, the Chairperson shall call the meetings to order; establish
the procedural rules of conducting the hearings; conduct the hearings;
schedule meetings; and call for a vote on applications. In the absence
or inability of a Chairperson to fulfill such duties, the Vice-Chairperson
shall serve in the place of the Chairperson.
[Amended 1-29-2019 by L.L. No. 6-2019]
(B) Alternate membership. There shall be two (2) alternate
members of the Zoning Board of Appeals. Said alternates shall be appointed
by resolution of the Huntington Town Board for a term of two (2) years
and shall be compensated per diem at the rate established by the Town
Board. Whenever it appears that a member of the Zoning Board is unable
to participate in an application due to a conflict of interest or
disability, the Chairman of the Zoning Board may substitute such member
with an alternate member for the purpose of deciding the application.
Alternates shall be designated to serve on a rotating basis by the
Chairman, and the designation shall be duly entered into the official
minutes of the meeting at the time such designation is made. Once
designated, the alternate member shall possess all of the powers and
responsibilities of such member of the Board.
(C) Attendance requirements. All members of the Zoning Board of Appeals
shall regularly attend all meetings as scheduled. A board member who
expects to be absent from a regular or special meeting shall notify
the Chairman of the Board of the reason for such absence in advance
of the scheduled meeting, and in the Chairman's discretion, he may
deem the member's absence to be excused. The failure of any member
to attend seventy (70%) percent of the scheduled and held meetings
in a calendar year, exclusive of excused absences, shall be cause
for his or her removal by the Town Board, after a hearing, for noncompliance
with the attendance requirements. Nothing herein shall limit or restrict
the Town Board's authority to remove a member for reasons other than
the member's attendance record.
[Amended 7-13-2021 by L.L. No. 35-2021; 1-3-2024 by L.L. No. 7-2024]
(1)
Pre-action notice. The Director of Planning and Environment
shall notify a zoning board member, in writing, when his or her absences
have reached the threshold set by the Town Board, and the Director
shall notify the Town Board and Town Attorney in writing once a member
has exceeded the number of allowable absences.
(2)
Hearing. Upon review and recommendation of the Town Attorney,
who shall consider whether such absences are excusable or occurred
for good cause shown, a hearing to determine whether to remove the
member may be held by the Town Board or a duly appointed Administrative
Hearing Officer, at the option of the Town, it being the intention
of the Town Board to provide for due process that is delivered in
a fair and expeditious manner. For this reason, the Town Board is
exercising its authority pursuant to § 64(23) of the Town
Law, § 10(1)(ii)(a)(1) and § 10(1)(ii)(d)(3),
§ 10(3)(b) and (4)(b) of the Municipal Home Rule Law and
other applicable and successor law or rule, to expand on and/or supersede
the provisions of Town Law § 267(9) and other applicable
laws.
(3)
Notice. Notice of the date, time and place of the hearing and
subject matter thereof shall be served upon the member by registered
or certified mail, return receipt requested, and by regular mail,
and addressed to the member's last known address at least fifteen
(15) days before the hearing.
(4)
Conduct of hearing. During the hearing, the Town Board or Administrative
Hearing Officer may hear testimony and receive evidence from the Town
Attorney, Chairman of the Zoning Board, and any other person in support
or in opposition to such removal. The member shall be entitled to
be represented by legal counsel and provided with an opportunity to
be heard. He may present the testimony of witnesses and other evidence
in his own behalf as he deems necessary and relevant to the subject
matter of the hearing. No hearing shall be adjourned except for good
cause shown. All hearings shall be recorded.
(5)
Administrative Hearing Officer. If the matter is referred to
a Hearing Officer, he or she shall consider the testimony and may
accept or reject, in whole or in part, the evidence presented. The
Hearing Officer shall have thirty (30) days to submit his written
findings and recommendations, including the action to be taken, to
the Town Board for ultimate determination. The Hearing Officer's findings
and determination shall be mailed to the zoning board member, or his
attorney, if applicable, by both regular mail and by registered or
certified mail, return receipt requested, no later than seven (7)
days of the date of the Hearing Officer's report. The member shall
have at least seven (7) days from receipt of the report to file his
written objections to the Hearing Officer's report in the office of
the Town Clerk.
(6)
Town Board Action. If the matter is retained by the Town Board,
notice of the public hearing shall be published by the Town Clerk
at least ten (10) days before the hearing, and shall be given to the
member in the manner set forth in section (3). The hearing shall be
conducted as set forth in section (4). The Town Board shall render
its findings and determination no later than the next regularly scheduled
Town Board meeting following the public hearing, if one is held. If
the matter had been referred to a Hearing Officer, the Board shall
consider the Hearing Officer's Report and any objections submitted
by the member, and may accept or reject, in whole or in part, the
evidence presented.
(7)
Determination of the Board. A copy of the resolution containing
the Town Board's findings and determination shall be filed with the
Town Clerk and mailed to the member named in the original notice,
or his attorney(s), if known, by regular mail and by registered or
certified mail, return receipt requested. The determination of the
Town Board shall be final and judicial review of such determination
may be sought pursuant to Article 78 of the CPLR.
(8)
Failure to appear. If there has been no appearance before the
Administrative Hearing Officer by the member or his attorney, or before
the Town Board if the matter has been retained, the Town Board may
hold the member in default and make a determination on the issue in
the same manner as if the member were present at the hearing.
[Amended 10-10-1972 by Ord. No. 72-ZC-40; 12-22-1987 by Ord. No. 87-ZC-185; 5-5-1998 by L.L. No. 20-1998; 1-26-1999 by L.L. No.
2-1999; 4-18-2000 by L.L. No. 9-2000; 3-7-2006 by L.L. No. 6-2006]
The Zoning Board of Appeals shall have the following
general powers:
A. To hear and decide appeals from any order, requirement,
decision or determination of the Building Inspector where it is alleged
that there is error in any such action.
B. To decide any question involving the interpretation of a provision
of the zoning regulations and to determine and establish the true
location of district boundaries in a disputed case.
[Amended 9-16-2015 by L.L. No. 38-2015]
C. To hear and decide special exceptions or conditional uses upon which such Board is required to pass under the terms of this chapter and chapter
194, and to grant any special use permit or special exception where the provisions of this chapter and chapter
194 reserve such grant to the Board of Appeals.
[Amended 4-13-2021 by L.L. No. 19-2021]
D. To authorize, upon appeal from a determination of the Building Inspector
or Planning Department, a variance or modification in the strict application
of the terms of the zoning regulations where literal enforcement would
result in practical difficulty or unnecessary hardship.
[Amended 9-16-2015 by L.L. No. 38-2015; 4-13-2021 by L.L. No. 19-2021]
E. To permit additions or structural alterations to special
uses approved by the Town Board or to uses in special districts approved
by the Planning Board where such additions or structural alterations
do not require variance or modification of the conditions originally
set forth.
F. To determine the proper location for a building on
a lot or to determine the proper location and extent of yards and
setbacks as required by this chapter either in the case of irregularly
shaped lots, where the Building Inspector shall find that he is unable
to make such determination, or in the case of a lawful minor encroachment
if not more than five (5%) percent variation or one (1) foot, whichever
is less, where the Building Inspector shall request authorization
to issue a building permit.
G. The Zoning Board of Appeals shall not grant or deny
any application until it has been classified according to the State
Environmental Quality Review Act (SEQRA) and, in the case of unlisted
or Type I actions, until the SEQRA process has been completed.
H. Within the Local Waterfront Revitalization Area, the
Zoning Board of Appeals shall not grant or deny any application until
the Director of Maritime Services has issued a written determination
of consistency with the policies and purposes of the Town of Huntington
Local Waterfront Revitalization Law.
I. The Zoning Board of Appeals shall have continuing
jurisdiction over expansions, alterations or modifications to properties
where special use permits have previously been granted by the Board.
[Added 6-11-2008 by L.L. No. 17-2008]
J. Retention of outside consultants and independent studies.
(1) Legislative intent. It is the intention of the Town
Board to protect the health, safety and welfare of those residing
in neighboring properties and the community-at-large from the impacts
of land development, and to facilitate the expeditious processing
of applications by providing the Zoning Board of Appeals with a mechanism
by which it can seek the assistance of outside professionals and/or
commission independent studies at the applicant's expense to assist
in evaluating any matter over which the Board has jurisdiction. In
order to accomplish these goals, the Town Board is exercising its
police power and authority under § 10(1)(ii)(a)(6), (11)
& (12) and § 10(1)(ii)(d)(3) of the Municipal Home Rule
Law; the New York State Constitution; § 64(23) and § 130(15)
of the Town Law, and any other applicable provision of law now or
hereinafter enacted to supercede and/or expand on the provisions of
Town Law § 267-a(3) & (8), § 267-b(4), § 280,
§ 280-a(2) and any other applicable provision of law now
or hereinafter enacted, so as to require full payment of all such
fees as a condition of Zoning Board approval, and the issuance of
a building permit or other town approval.
(2) As a condition of processing any matter over which it has jurisdiction, and except as otherwise set forth in Chapter
194 for Wireless Telecommunications Facilities, the Zoning Board may, at any time, require an applicant to pay for the reasonable costs of such independent studies and/or outside consultants as may be reasonably related to the matter under review. All such costs shall be paid by cash or certified check and are in addition to any other required fee. Within thirty (30) days of the date on the written request for payment, the applicant shall submit to the Department of Planning and Environment for deposit into a non-interest bearing trust and agency account maintained by the Town an amount determined by the Zoning Board, or its designee, to be utilized by the Town to pay for such services during the review process. Upon request, the applicant shall be provided with copies of invoices submitted to the Town for the work of outside consultants and studies. In the event the sum initially deposited by the applicant is not sufficient and additional funds are necessary, the applicant shall pay such additional sums within twenty (20) days of the date on the written request for payment. After all reasonable charges have been paid to the vendor(s) by the Town, any balance remaining on deposit in the account shall be returned to the applicant. In the event an application is withdrawn at any stage by the applicant any unused portion of the sums on deposit shall be returned to the applicant.
[Amended 4-13-2021 by L.L. No. 19-2021]
(3) In its discretion the Zoning Board may adopt or reject,
in whole or in part, the findings and determinations of any consultant
or study commissioned by the Board or applicant.
[Amended 9-12-1972 by Ord. No. 72-ZC-36]
A. In any case where the Board of Appeals is empowered
to issue a special use permit, approve a special exception or authorize
a variance, said Board may impose such conditions or restrictions
as are deemed necessary in the specific case in order to:
(1) Minimize the effects of the use, exception or variance
upon other property in the neighborhood.
(2) Assure a harmonious arrangement of use.
(3) Implement the spirit and objectives of this chapter.
B. Any such conditions or restrictions shall become a part of any building permit or certificate of occupancy thereafter issued for the premises involved, and failure to comply with such conditions and restrictions shall constitute a violation of this chapter. Any such failure to comply may thereafter constitute grounds for denial or revocation of the building-permit or certificate of occupancy or for any other appropriate remedies. Such failure to comply shall be a violation subject to prosecution under §
198-125 of this chapter and, upon conviction, to the imposition of the fine and penalty as set forth in said section.
C. Special conditions or limitations may include any
of the following:
(1) Location of principal and accessory buildings.
(2) Limitation of signs or advertising devices, including
number, size, location, type and illumination.
(3) Limitation of amount, location, intensity and direction of exterior illumination including the imposition of stricter standards than those provided in Chapter
143.
[Amended 11-9-2005 by L.L. No. 40-2005]
(4) Amount, location and improvement of off-street parking
and loading space.
(5) Type, location and design of drainage and drainage
structures.
(6) Control of access and circulation within the premises.
(7) Grading and the location and type of retaining walls
or structures.
(8) Landscaping, screening, fencing and walls, including
the location and type of planting and fencing required for screening
purposes.
(10)
Structural changes, including the installation
of storefronts.
(11)
Control or elimination of smoke, dust, gas,
noise, vibration, odor and lighting.
(12)
Sound amplification devices.
(13)
Other conditions found by the Board to be necessary.
[Amended 9-10-2002 by L.L. No. 41-2002; 3-5-2019 by L.L. No. 13-2019]
A. After
the Board of Appeals has approved the issuance of a special use permit,
a special exception or a variance, such approval or grant shall expire
at the end of one (1) year unless a building permit shall have been
issued. However, in the event the Board finds good cause for the delay,
then the Board may grant a six (6) month extension of time. At the
end of this six month extension of time, a building permit shall have
been issued. The Board may grant such six (6) months' extension only
upon a finding that conditions and circumstances have not changed,
and no hearing shall be required as a basis for making such determination.
An application for a six (6) month extension of a Zoning Board of
Appeals grant must be made before the expiration of the original grant.
B. In the event a building permit has still not been issued at the expiration of the six (6) month extension, a compelling reason for the delay must be demonstrated to the Board in order for the Board to consider granting any further extension. An application for an additional extension of a Zoning Board of Appeals grant must demonstrate a compelling reason and be made before the expiration of the extension granted pursuant to §
198-113(A) set forth above. Absent a finding by the Board demonstrating compelling reasons for the delay, should a building permit not be issued at the end of the six (6) month extension, any further consideration by the Zoning Board of Appeals of a particular project shall require a new application and commensurate public hearing.
C. Should
the grant expire, a de novo review is required with a new application
and a public hearing before action by the Board can occur. These time
frames shall be tolled for the duration of a lawsuit challenging the
Zoning Board of Appeals grant where the lawsuit was not commenced
by the party who applied for the Zoning Board of Appeals grant at
issue and, where applicable, for the duration of an application before
the Planning Board or the Town Board where said application is contingent
upon the Zoning Board grant, including the duration of any lawsuit
challenging the determination of the Town Board or Planning Board
where the applicant did not commence such lawsuit.