A.
There shall be a Board of Appeals consisting of five
members appointed by the Village Board of Trustees. Said Board of
Appeals shall, consistent with the Village Law of the State of New
York, determine its own rules and procedure as to the manner in which
appeals for a variance or for a special permit shall be brought before
it and what notice shall be given of proceedings.
B.
This subsection is intended to establish powers of the Board of Trustees that are in addition to powers granted to the Board of Trustees pursuant to Article 7 of the New York State Village Law and § 80-87A of this Village Code, with respect to the establishment of a Zoning Board of Appeals. In addition to such powers, the Board of Trustees is and shall be authorized to appoint not more than four alternate members to the Zoning Board of Appeals, who shall serve, at the call of the Chairperson of the Zoning Board of Appeals, in the event that any member or members are unavailable due to disqualification, absence, conflict of interest or other reason deemed appropriate by the Chairperson, and such absence or unavailability prevents a quorum of members of the Zoning Board of Appeals to be present to conduct the business of said Board. In the event that the Chairperson calls any alternate member to serve on said Board, the Chairperson shall so state for the record at the meeting at which such alternate member shall serve, prior to the commencement of any proceedings with respect to which such alternate member is serving. Not more than two alternate members may attend and serve at the same meeting of the Zoning Board of Appeals. The powers granted to the Board of Trustees hereunder shall be in addition to all powers of the Board of Trustees contained in Article 7 of the New York State Village Law, which powers shall not be diminished, reduced or revoked by the section.
[Added 3-10-1997 by L.L. No. 1-1997; amended 5-20-2010 by L.L. No. 1-2010]
The Board of Appeals shall investigate and report
upon all matters referred to it by the Village Board, and the Board
of Appeals shall have powers granted by the Village Law and the following
powers and duties:
A.
Variance power.
(1)
Where an application for a building permit has been
denied by the Building Department, the applicant may petition the
Board of Appeals for a variance of the Zoning Ordinance or particular
rules and regulations. No variance in the strict application of any
provisions of this chapter shall be granted by the Board of Appeals
unless it finds:
(a)
That there are special circumstances or conditions,
fully described in the findings, applying to the land or building
for which the variance is sought, which circumstances and conditions
are peculiar to such land or building and do not apply generally to
land or buildings in the neighborhood, and that said 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.
(b)
That for reasons fully set forth in the findings,
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.
(c)
That the granting of the variance will be in
harmony with the general purpose and intent of this chapter and will
not be injurious to the neighborhood or otherwise detrimental to the
public welfare.
(2)
Every variance granted by the Board of Appeals in
pursuance of the provisions of this chapter shall become null, void
and of no further force or effect unless, within one year after the
filing with the Village Clerk of the decision of the Board of Appeals,
the use so granted shall have commenced upon the premises or the erection
and construction of the principal building or structure for the construction
or use of which a variance or special exception shall have been granted
by the Board of Appeals shall actually have been commenced; provided,
however, that excavation for or construction of a building foundation
shall not be deemed to be commencement of the erection or construction
of such building or structure within the meaning of this section.
[Amended 12-12-1994 by L.L. No. 4-1994]
(3)
A variance may be granted for an unlimited time or
for a term of years as the Board of Appeals shall see fit.
(4)
No variance may be granted to permit:
(5)
Revocation. In the event that the conditions or requirements
imposed by the Board of Appeals are not met or are violated by the
applicant or a successor in title or interest, said variance may be
revoked in the discretion of the Board of Appeals.
(6)
No certificate of use, certificate of compliance or certificate of
occupancy shall be issued with respect to any land use project that
has been authorized pursuant to grant of a variance by the Zoning
Board of Appeals unless and until each condition to the grant of such
variance imposed by the Zoning Board of Appeals has been satisfied.
[Added 5-20-2010 by L.L. No. 1-2010]
B.
Special permit power.
(1)
No special permit shall be granted by the Board of
Appeals unless it finds that the use for which such permit is sought
will not, in the circumstances of the particular case and under any
conditions that the Board considers to be necessary or desirable,
be injurious to the neighborhood or otherwise detrimental to the public
welfare.
(2)
Any special permit granted must be renewed within
two years of the date of granting and for each two-year period thereafter,
until the need for the special permit has ended or the Board decides
that the subject special permit should end.
(3)
Before approval, the Board of Appeals shall determine
in each case that the proposed use of the property or the erection,
alteration or maintenance of the use of the proposed building or structure:
(a)
Will not tend to depreciate the value of property
in the Village.
(b)
Will not create a hazard to health, safety,
morals or the general welfare.
(c)
Will not be detrimental to the neighborhood
or the residents of the Village.
(d)
Will not alter appreciably the essential character
of the neighborhood.
(e)
Will not otherwise be detrimental to the public
convenience and welfare.
(4)
In making such determination the Board of Appeals
shall give consideration to:
(a)
The character of the existing and probable development
of uses in the district and the peculiar suitability of such district
for the location of any of such permissive uses.
(b)
The conservation of property values and the
encouragement of the most appropriate uses of land.
(c)
The effect that the location of the proposed
use may have upon the creation or undue increase of vehicular traffic
congestion on public streets or highways.
(d)
The availability of adequate and proper public
or private facilities for the treatment, removal or discharge of sewage,
refuse or other effluent (whether liquid, solid, gaseous or otherwise)
that may be caused or created by or as a result of the use.
(e)
Whether the use or materials incidental thereto
or produced thereby may give off obnoxious gases, odors, smoke or
soot.
(f)
Whether the use will cause disturbing emissions
of electrical discharges, dust, light, vibration or noise.
(g)
Whether the operations in pursuance of the use
will cause undue interference with the orderly enjoyment by the public
of parking or of recreational facilities, if existing or if proposed
by the Village or by some other municipal agency.
(h)
The necessity for bituminous-surfaced space
for purposes of off-street parking of vehicles incidental to the use,
and whether such space is reasonably adequate and appropriate and
can be furnished by the owner sought to be used within or adjacent
to the plot wherein the use shall be had.
(i)
Whether a hazard to life, limb or property exists
because of fire, floods or erosion that may be created by reason or
as a result of the use or by the structures to be used therefor or
by the inaccessibility of the property or structures thereon for the
convenient entry and operation of fire and other emergency apparatus
or by the undue concentration or assemblage of persons upon such plot.
(j)
Whether the use, or the structure to be used
therefor, will cause an overcrowding of land or undue concentration
of population.
(k)
Whether the plot area is sufficient, appropriate
and adequate for the use and the reasonably anticipated operation
and expansion thereof.
(l)
Whether the use to be operated is unreasonably
near to a church, school, theater, recreational area or other place
of public assembly.
C.
Failure
to comply with a condition or requirement of a Board of Appeals variance
or special permit shall be a violation of this chapter.
[Added 8-22-2022 by L.L.
No. 3-2022]
D.
Board of
Appeals decisions.
[Added 2-27-2023 by L.L.
No. 3-2023]
(1)
Form
of decision.
(a)
The Board of Appeals may render its decision on any appeal or application
in a short-form format, setting forth the Board's determination and
conditions, if any, without enumerating the findings which formed
the basis for its determination. Any applicant, or person or persons,
jointly or severally aggrieved by a decision of the Board, may, within
30 days after the filing of the short-form decision in the office
of the Village Clerk, file a written demand with the Village Clerk
requesting that the Board of Appeals render its decision in a long-form
format containing findings which formed the basis for the Board's
determination. The Village Clerk shall promptly deliver the written
demand to the Chairperson of the Board of Appeals. The Chairperson
shall then cause the long-form decision to be prepared and, upon its
approval by the Board file, it with the Village Clerk, who shall mail
a copy thereof to the applicant and the person who demanded the long-form
decision.
(b)
For the purposes of Village Law § 7-712-c, in cases where
the Board renders a short-form decision and no written demand requesting
a long-form decision is filed within the above-required thirty-day
period, the date of filing of the short-form decision with the Village
Clerk shall be deemed the date of filing of the Board's decision,
and in cases where the Board renders or is required to render a long-form
decision, the date of the filing shall be extended to the date of
filing of the long-form decision.
(2)
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 20
business days after the day such decision is rendered and a copy thereof
mailed to the applicant.
(3)
Application to Supreme Court by aggrieved persons. 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 review by a proceeding under Article 78 of the Civil Practice Law and Rules. Such proceeding shall be instituted within 30 days after the filing of a decision of the Board in the office of the Village Clerk, as provided for in Subsection D(1) above.
[Amended 6-26-1989 by L.L. No. 1-1989]
The Village Board of Trustees shall, from time
to time, by resolution, set the filing fee for all applications to
the Zoning Board of Appeals and all other costs and disbursements
for such matters, including stenographic and reproduction costs, and
counsel fees and costs and disbursements incurred by counsel on such
matters. The Board of Trustees may, from time to time, by resolution,
require that all such filing fees and costs be paid upon application
and prior to any public hearings to be held on such matters.
