There shall be a Board of Appeals, consisting
of five members, each to be appointed for a term of five years, as
provided in § 7-712 of the Village Law of the State of New
York.
The Board of Appeals already established shall
continue to function under the provisions of this chapter, and the
members thereof may continue in office until their respective terms
expire.
The Board may appoint a Secretary, who is not
a member of the Board. The compensation of such Secretary shall be
determined from time to time by the Board, subject to approval and
budget appropriation voted by the Village Board of Trustees.
Meetings of the Board shall be held at the call
of the Chairman and at such other times as the Board may determine.
A quorum shall consist of three members.
A.
Procedure on all appeals, petitions and other matters
before the Board of Appeals shall be governed by the provisions of
the Village Law and by the rules of procedure officially adopted by
the Board.
B.
All appeals and applications made to the Board of
Appeals shall be in writing, on forms prescribed by the Board, and
shall be accompanied by the required fee in accordance with the Schedule
of Fees of the Village of Pelham.
C.
Every appeal application shall include a copy of the
specific provision of the local law or ordinance involved and shall
exactly set forth the interpretation that is claimed, the details
of the variance that is applied for, the details of the special permit
that is applied for or for which revocation is sort and the grounds
on which it is claimed that the variance should be granted or that
the special permit should be granted or revoked.
[Amended 3-15-1994 by L.L. No. 1-1994]
D.
Except as provided in § 98-106B(3), under no circumstances shall the Board require any applicant or appellant appearing before it to obtain the signature or consent of any person, whether or not residing or having property in the vicinity of the property described in the application or appeal, as a condition of Board approval.
A.
Prior to taking action on any matter relating to this
chapter, a public hearing shall be held after public notice in the
manner provided by § 7-712 of the Village Law, and no action
shall be taken respecting such matter until all interested parties
present at the hearing shall have been given an opportunity to be
heard. Notice of a pending proceeding shall be given by the applicant
or appellant to the owners of adjacent or surrounding properties within
200 feet, and proof of such notice shall be filed with the Board.
Notice of pending proceedings shall also be published in the official
newspaper of the Village by the Secretary of the Board, and the cost
of such publication shall be paid by the applicant or appellant prior
to the hearing.
B.
In any matter which relates to a property which lies
within 500 feet of the boundary of another municipality, the Board
of Appeals shall transmit to the municipal clerk of such other municipality
a copy of the official notice of the public hearing on such matter,
not later than three days after publication thereof.
C.
At least 10 days before the date of any public hearing,
the Board of Appeals shall transmit to the Chairman of the Planning
Board a copy of any appeal or application, together with a copy of
the notice of such hearing. The Planning Board may submit to the Board
of Appeals an advisory opinion on said appeal or application at any
time prior to the public hearing, and such opinion, if submitted,
shall be made known to the public at such hearing and made part of
the official record thereof.
The final disposition of any matter by the Board
shall require the concurring vote of a majority of the entire Board.
Every decision of the Board of Appeals shall set forth the circumstances
of the case and shall contain a full record of the findings on which
the decision is based.
The Secretary shall keep minutes of the Board's
proceedings, showing the vote of each member upon every question or,
if absent or failing to vote, indicating such fact and shall also
keep records of its examinations and official actions filed under
property owner's name and lot and block number, with case number,
if any, together with all documents pertaining thereto. Every rule,
regulation, order, requirement, decision or determination of the Board
shall immediately be filed in the office of the Village Clerk and
shall be a public record.
All the provisions of this chapter relating
to the Board of Appeals shall be strictly construed; the Board, as
a body of limited jurisdiction, shall act in conformity with all provisions
of law and of this chapter and in strict compliance with all limitations
contained herein; provided, however, that no applicant or appellant
who shall substantially observe the procedural requirements set forth
in this chapter shall be deprived of the right of application or appeal.
The Board of Appeals shall perform all the duties
and have all the power prescribed by the Village Law and by this chapter
which are more particularly specified as follows, provided that none
of the following provisions shall be deemed to limit any power of
the said Board that is conferred by law. The Board shall adopt such
rules of procedure, not inconsistent with the provisions of Village
Law and local laws and ordinances, as it may deem necessary to the
proper performance of its duties and the proper exercise of its powers.
A.
Westchester County Greenway Compact Plan. The Village
of Pelham has adopted the Compact Plan,[1] as amended from time to time, as a statement of policies,
principles, and guides to supplement other established land use policies
in the Village. In its discretionary actions under this chapter, the
Zoning Board of Appeals should take into consideration said statement
of policies, principles and guides, as appropriate.
[Added 11-13-2007 by L.L. No. 8-2007[2]]
B.
Interpretation. Upon appeal from a decision by the
Building Committee, to hear and decide any matter wherein an appellant
alleges or claims that the said Committee or any other administrative
official, committee or board charged with the enforcement of this
chapter was in error in issuing or refusing or failing to issue a
building permit or certificate of occupancy or use or any other permit
or license as a result of misinterpreting the meaning, intent or application
of any Article or part of this chapter, including the exact location
of a district boundary line on the Zoning Map.
C.
Variances.
(1)
To grant, upon an appeal from a denial of a permit
by the Building Committee, such variance from the terms of this chapter
as will not be contrary to the public interest where, owing to exceptional
and extraordinary circumstances, there are practical difficulties
or unnecessary hardships in the way of carrying out of the strict
letter of this chapter; provided, however, that no such variance shall
be granted unless the Board finds and documents fully in its findings:
(a)
That there are special physical conditions,
such as exceptional narrowness, shallowness, shape or topographic
conditions, or other extraordinary or exceptional situation or condition,
applying to the land or building for which the variance is sought,
which circumstances or conditions are peculiar to such land or building
and do not apply generally to land or buildings in the neighborhood
and have not resulted from any act of the applicant or any predecessor
in title whether in violation of the provisions hereof or not.
(b)
That, for reasons fully set forth in the findings
of the Board, the aforesaid circumstances or conditions are such that
the strict application of the provisions of this chapter would deprive
the applicant of the reasonable use of such land or building and that
the granting of the variance is necessary for the reasonable use of
the land or building and that the variance as granted by the Board
is the minimum variance that will accomplish this purpose.
(2)
The Board shall attach such conditions and safe guards
as may be required to assure that the granting of the variance will
be in harmony with the general purpose and intent of this chapter,
will not be injurious to the neighborhood or property values therein,
will not change the character thereof and will not be otherwise detrimental
to the public welfare.
(3)
Unless work is commenced and diligently prosecuted
within 120 days of the date of the granting of a variance, such variance
shall become null and void. Upon application and for good reason shown,
the Board of Appeals may extend the validity of the approval by not
more than two consecutive one-hundred-twenty-day periods from the
date of original approval.
(4)
Use variances granted by the Board shall be deemed
nonconforming uses. Building variances granted by the Board shall
be deemed nonconforming structures.
D.
Special permits.
(1)
On application and after public notice and hearing,
the Board of Appeals may authorize, by resolution, the issuance in
any district of a special permit exclusively for those uses which
require such a permit under this chapter. In authorizing the issuance
of a special permit, the Board shall take into consideration the public
health, safety and welfare and shall prescribe appropriate conditions
and safeguards to ensure the accomplishment of the following objectives:
(a)
That all proposed structures, equipment or material
shall be readily accessible for fire and police protection.
(b)
That, in its proposed location, the proposed
use is of such size and character that, in general, it will be in
harmony with the appropriate and orderly development of the district
in which it is proposed to be situated and will not be detrimental
to the orderly development of adjacent properties in accordance with
the zoning classification of such properties or the intent with respect
thereto of the officially adopted Master Plan of the Village, if one
is in existence.
(c)
That, in the case of a use proposed to be located
in or directly adjacent to a residential district:
[1]
Pedestrian and vehicular traffic to and from
the use, and the assembly of persons in connection therewith, will
not be hazardous or inconvenient or incongruous with the said residential
district or conflict with the normal traffic in the neighborhood;
and
[2]
The location and height of buildings, the location,
nature and height of walls and fences and the nature and extent of
screening and landscaping on the site shall not hinder or discourage
the appropriate development and use of adjacent land and buildings
or diminish the value thereof.
(d)
The Board is authorized to revoke a special
permit previously granted, following due public notice and hearing,
upon a determination that one or more of the requirements for the
special permit set forth in this chapter or any additional conditions
prescribed by the Board in conjunction with the issuance of the special
permit have not been or are no longer being complied with. In such
cases, a period of 60 days shall be granted to the special permit
holder for full compliance prior to the revocation of said permit.
An application for the revocation of a special permit may be brought
by the Building Committee or any other Village authority charged with
enforcing the Village Code.
[Added 3-15-1994 by L.L. No. 1-1994]
(2)
Application. Every application for a special permit
shall be submitted in 10 copies and shall contain all the data required
in connection with an application for site plan approval unless, following
a meeting in person with the Planning Board or a duly authorized representative
thereof, some of the required information is deemed by the said Board
to be superfluous. The Secretary of the Board of Appeals shall file
three copies of the application with the Building Committee, which
shall provide to the Board, within 14 working days, a full report
on any objections it may have with respect to the proposed development
and any mitigating measures it may feel to be desirable for the protection
of the public interest.
(3)
Decision of the Board of Appeals.
(a)
In authorizing the issuance of a special permit,
it shall be the duty of the Board of Appeals to attach such conditions
and safeguards as may be required in order that the result of its
action may, to the maximum extent possible, further the general objectives
of this chapter.
(b)
The Board shall require that special permits
be periodically renewed. Such renewal shall be granted following due
public notice and hearing and may be withheld only upon a determination
that such conditions as may have been prescribed by the Board in conjunction
with the issuance of the original permit have not been or are no longer
being complied with. In such cases, a period of 60 days shall be granted
the applicant for full compliance prior to the revocation of the said
permit.
(c)
Any use for which a special permit may be granted
shall be deemed to be a conforming use in the district in which such
use is located, provided that:
[1]
The provision in this chapter under which such
permit was issued is still in effect.
[2]
Such permit was issued in conformity with the
provisions of this chapter.
[3]
Such permit shall be deemed to affect only the
lot or portion thereof for which such permit shall have been granted.
[4]
All applicable provisions of this chapter not
otherwise varied by the special permit approval are adhered to.
[5]
The use continues to comply with all conditions
and safeguards prescribed by the Board.
E.
Temporary certificates of occupancy.
(1)
To authorize, upon denial of a certificate of occupancy,
the issuance of a temporary certificate of occupancy for a period
not to exceed 90 days during the completion of any alterations, or
for a part of a partially completed building, and to extend such period
by not more than two consecutive thirty-day periods, provided that
the Board finds:
(2)
A temporary certificate of occupancy shall be subject
to specific terms and conditions to assure the safety of the occupants
of the building and of adjacent buildings and land and shall include
a timetable for achieving full compliance with all applicable requirements
and the completion of all required improvements, if any. Upon expiration
of the temporary certificate of occupancy, the use shall be terminated,
unless a permanent certificate of occupancy shall have been issued
prior to the date of such expiration.
(3)
A temporary certificate of occupancy shall not be
construed as in any way altering the respective rights, duties or
obligations of the owner or of the Village with respect to the use
or occupancy of the land or building or any other matter covered by
this chapter.
Pursuant to § 7-712 of the Village
Law, an appeal from a decision of the Board of Appeals must be instituted
within 30 days following the date of filing of such decision in the
office of the Village Clerk.
