[Amended 11-19-1985 by L.L. No. 2-1985; 6-14-1994 by L.L. No. 3-1994]
A.
A Board of Appeals, consisting of five members, as
provided by the Village Law, is hereby created. The Board of Trustees
shall designate the Chairperson and, in the latter's absence, is authorized
to designate a member to serve as Acting Chairperson.
B.
The terms of the members of the said Board, as they
now exist, are hereby continued.
C.
The new members and the successors of the present
members shall be appointed for terms of five years by the Board of
Trustees; provided, however, that the appointment of members to the
Board shall be to terms so fixed that one member's term shall expire
at the end of the calendar year and the remaining members' terms shall
be so fixed that one member's term shall expire at the end of each
year thereafter. At the expiration of each original member's appointment,
the replacement member shall be appointed by the Board of Trustees
for a term which shall be equal in years to the number of members
of the Board of Appeals.
D.
The Village Clerk or the Deputy Village Clerk may
serve as Clerk of the Board of Appeals.
E.
Vacancy in office. If a vacancy shall occur otherwise
than by expiration of term, the Board of Trustees shall appoint the
new member for the unexpired term.
F.
Removal of members. The Mayor shall have the power
to remove any member of the Board of Appeals for cause and after a
public hearing.
G.
Chairperson duties. All meetings of the Board of Appeals
shall be held at the call of the Chairperson and at such other times
as such Board may determine. Such Chairperson, or in his or her absence
the Acting Chairperson, may administer oaths and compel the attendance
of witnesses.
H.
Board of Trustees and Planning Board ineligibility.
No person who is a member of the Village Board of Trustees or Village
Planning Board shall be eligible for membership on such Board of Appeals.
[Amended 6-14-1994 by L.L. No. 3-1994]
The meetings and procedures of the Board of
Appeals shall be governed by the applicable provisions of the Village
Law of the State of New York, as amended from time to time. The said
Board shall adopt rules and regulations not inconsistent with law
or the provisions of this chapter, as set forth more fully below:
A.
Meetings; minutes; records. Meetings of such Board
of Appeals shall be open to the public to the extent provided in Article
7 of the Public Officers Law. Such Board of Appeals shall keep minutes
of its proceedings, showing the vote of each member or alternate eligible
to vote upon every question, or if absent or failing to vote, indicating
such fact, and shall also keep records of its examinations and other
official actions.
B.
Filing requirements. Every rule, regulation, every
amendment or repeal thereof and every order, requirement, decision
or determination of the Board of Appeals shall be filed in the office
of the Village Clerk and shall be a public record.
C.
Assistance to Board of Appeals. Such Board shall have
the authority to call upon any department, agency or person outside
the Village for such assistance as shall be deemed necessary and as
shall be authorized by the Board of Trustees.
D.
Hearing appeals. The Board of Appeals shall have appellate
jurisdiction only as follows:
[Amended 12-10-1996 by L.L. No. 4-1996]
(1)
It shall hear and decide appeals from and review any
order, requirement, decision, interpretation or determination made
by an administrative official charged with the enforcement of any
local law pursuant to this article;
(2)
It shall hear and decide appeals of a final determination;
(3)
Such Board shall have the authority to call upon any
department, agency or employee of the Village for such assistance
as shall be deemed necessary and as shall be authorized by the Board
of Trustees. Such department, agency or employee shall be reimbursed
for any expenses incurred as a result of such assistance. The concurring
vote of a majority of the members of the Board of Appeals shall be
necessary to reverse any order, requirement, decision or determination
of any such administrative official, to grant a use variance or area
variance or to affirm, modify or disapprove a final determination.
Such appeal may be taken by any person aggrieved by an officer, department,
board or bureau of the Village or by a person with respect to whom
a final determination has been made.
E.
Time of appeal.
[Amended 12-10-1996 by L.L. No. 4-1996]
(1)
An appeal pursuant to Subsection D(1) above shall be taken within 60 days after the order, requirement, decision, interpretation or determination of the administrative official charged with the enforcement of such local law by filing with such administrative official and with the Board of Appeals a notice of appeal, specifying the grounds thereof and the relief sought. The administrative official from whom the appeal is taken shall forthwith transmit to the Board of Appeals all papers and other materials constituting the record upon which the action appealed from was taken.
(2)
An appeal pursuant to Subsection D(2) above shall be taken within 30 days after the receipt of the hazard notice by the appellant by filing with the Board of Trustees and the Board of Appeals a notice of appeal, specifying the grounds thereof and the relief sought. The Board of Trustees shall thereupon forthwith transmit to the Board of Appeals the written statements and other materials constituting the basis for the final determination.
(3)
The cost of sending or publishing any notices relating
to such appeal shall be borne by the appealing party and shall be
paid to the Board prior to the hearing of such appeal.
F.
Stay upon appeal.
[Amended 12-10-1996 by L.L. No. 4-1996]
(2)
An appeal from a final determination, other than a final determination deemed by the Board of Trustees to be an emergency at the time the final determination was made, shall stay all proceeding and requirements resulting from such final determination until the decision of the Board of Appeals has been made. After making its decision, the Board of Appeals shall send a copy of its decision, certified mail, return receipt requested, to the appellant, and the date of receipt of such decision shall be deemed the notice date for purposes of § 51-9A(1) hereof. An appeal from a final determination which the Board of Trustees has considered to relate to an emergency shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or by a court.
G.
Hearing on appeal. The Board of Appeals shall fix
a reasonable time for the hearing of the appeal or other matter referred
to it and provide public notice thereof as follows:
[Amended 10-8-2013 by L.L. No. 3-2013]
(1)
Notice
of hearing.
(a)
The Village Clerk shall publish a notice of such hearing in a paper
of general circulation in the Village at least five days prior to
the date of the hearing; and
(b)
The applicant shall mail notice of the hearing, by certified mail,
return receipt requested, postmarked no less than 10 days and no more
than 20 days prior to the hearing, to the owners of all properties
located within 200 feet of the boundary of the subject property as
shown on the current tax roll, and shall file an affidavit of mailing
with the Village Clerk office no less than two business days prior
to the hearing. The affidavit of mailing shall be accompanied by the
certified mail receipts and any return receipts received at the time
the affidavit is filed.
(2)
Form
of notice. All hearing notices shall state the location of the subject
property, the date, time and place of the hearing, and the nature
of the relief sought.
H.
Time of decision. The Board of Appeals shall decide
upon the appeal within 62 days after the conduct of said hearing.
The time within which the Board of Appeals must render its decision
may be extended by mutual written consent of the applicant and the
Board.
I.
Filing of decision and notice. The decision of the
Board of Appeals on the appeal shall be filed in the office of the
Village Clerk within five business days after the day such decision
is rendered and a copy thereof mailed to the applicant.
J.
Notice to planning agency. At least five days before
such hearing, the Board of Appeals shall mail notices thereof to the
parties and to the County Planning agency and any such other agency
as required by § 239-m of the General Municipal Law, which
notice shall be accompanied by a full statement of the matter under
consideration, as defined in Subdivision 1 of § 239-m of
the General Municipal Law.
K.
Compliance with State Environmental Quality Review
Act. The Board of Appeals shall comply with the provision of the State
Environmental Quality Review Act under Article 8 of the Environmental
Conservation Law and its implementing regulations as codified in Title
6, Part 617, of the New York Codes, Rules and Regulations.
L.
Fees and deposits.
[Added 5-9-2000 by L.L. No. 1-2000;
amended 7-12-2005 by L.L. No. 2-2005]
(1)
The schedule of required fees and deposits is as follows:
[Amended 3-9-2010 by L.L. No. 1-2010]
|
Item
|
Amount
|
|---|---|
|
Filing fee
|
$500
|
|
Hearing deposit
|
$2,000
|
(2)
Upon a showing of extreme financial hardship by an
applicant, the Board of Trustees, at its discretion, may, by resolution,
reduce or waive the above fee, deposit and maximum reimbursement.
(3)
The Village may charge applicants all costs for engineering,
legal, accounting, environmental and other professional services and
such other expenses reasonably incurred by the Village in connection
with an application to the Board of Zoning Appeals. The applicant’s
hearing deposit shall be charged for theses expenses. Additional expenses
that exceed the deposit shall be paid by the applicant within 30 days
of notification. Failure to reimburse the Village for expenses as
required may at the Board of Zoning Appeal’s discretion, result
in suspension of the applicant’s matter pending before the Board.
No building permit, demolition permit or certificate of occupancy
shall be issued until all required fees and deposits have been paid
in full.
[Amended 3-9-2010 by L.L. No. 1-2010]
[Amended 6-14-1994 by L.L. No. 3-1994]
The Board of Appeals shall have all the powers and be subject to all the duties set forth in § 7-712 of the Village Law of the State of New York, as amended from time to time, and, in addition, shall have such powers as may be specifically conferred upon it by this chapter and by any amendment thereto subsequently enacted. In an appropriate case, the Board may employ the variance powers conferred hereby and by said § 7-712 of the Village Law (subject, however, to the requirements of § 121-49 hereof) with respect to land used or to be used for a conditional use as provided herein, anything contained in § 121-35 notwithstanding.
[Amended 6-14-1994 by L.L. No. 3-1994]
A.
Interpretations; requirements; decisions; determinations.
The Board of Appeals may reverse or affirm, wholly or partly, or may
modify the order, requirement, decision, interpretation or determination
appealed from and shall make such order, requirement, decision, interpretation
or determination as in its opinion ought to have been made in the
matter by the administrative official charged with the enforcement
of such local law and to that end shall have all the powers of the
administrative official from whose order, requirement, decision or
determination the appeal is taken.
B.
Use variances.
(1)
The Board of Appeals, on appeal from the decision
or determination of the administrative officer charged with the enforcement
of such local law, shall have the power to grant use variances, authorizing
the use of the land which otherwise would not be allowed or would
be prohibited by the terms of the local law.
(2)
No such variance shall be granted by a Board of Appeals
without a showing by the applicant that applicable zoning regulations
and restrictions have caused unnecessary hardship. In order to prove
such unnecessary hardship, the applicant shall demonstrate to the
Board of Appeals that:
(a)
Under applicable zoning regulations the applicant
cannot realize a reasonable return, provided that lack of return is
substantial as demonstrated by competent financial evidence.
(b)
The alleged hardship relating to the property
in question is unique and does not apply to a substantial portion
of the district or neighborhood.
(c)
The requested use variance, if granted, will
not alter the essential character of the neighborhood.
(d)
The alleged hardship has not been self-created.
(3)
The Board of Appeals, in the granting of use variances,
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.
Area variances.
(1)
The Zoning Board of Appeals shall have the power,
upon an appeal from a decision or determination of any administrative
official charged with the enforcement of such local law, to grant
area variances from the area or dimensional requirements of such local
law.
(2)
In making its determination, the Zoning Board of Appeals
shall take into consideration 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 a grant.
In making such determination the Board shall also consider:
(a)
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.
(b)
Whether the benefits sought by the applicant
can be achieved by some method, feasible for the applicant to pursue,
other than an area variance.
(c)
Whether the requested area variance is substantial.
(d)
Whether the proposed variance will have an adverse
effect or impact on the physical or environmental conditions in the
neighborhood or district.
(e)
Whether the alleged difficulty was self-created,
which consideration shall be relevant to the decision of the Board
of Appeals but shall not necessarily preclude the granting of the
area variance.
(3)
The Board of Appeals, in the granting of area variances,
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.
[Amended 6-14-1994 by L.L. No. 3-1994]
A.
The Board of Appeals shall, in the granting of both
use and area variances, have the authority to impose such reasonable
conditions and restrictions as are directly related to and incidental
to the proposed use of the property or the period of time such variance
shall be in effect. 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. Such conditions or restrictions shall be incorporated
in the zoning and/or building permit and certificate of occupancy.
B.
Failure to comply with such conditions or restrictions
shall constitute a violation of this chapter and may constitute the
basis for denial or revocation of a building permit or certificate
of occupancy and for all other applicable remedies.
A variance granted under the provisions of this chapter shall automatically lapse if substantial construction, in accordance with the plans for which such variance was granted, has not been completed within one year from the date of granting such variance by the Board or, if judicial proceedings to review the Board's decision shall be instituted, from the date of entry of the final order in such proceedings, including all appeals. The Board of Appeals shall, however, have original jurisdiction to reinstate such variance after a lapse thereof upon a finding that the conditions found by it to exist at the time of the original grant of variance, as set forth in § 121-49 hereof, have not changed in any essential manner nor in any substantial degree.
