In any instance in which the village, through any officer, employee,
agent, board, agency or commission, seeks to apply to any party a local standard
more restrictive or stringent than the otherwise applicable state code requirement,
the applicant may appeal in accordance with the following appeal procedures:
A. The applicant's appeal shall be made to the Zoning Board
of Appeals.
B. The appeal must be filed with the Zoning Board of Appeals
no later than 90 days from the date of the determination sought to be appealed.
C. The grounds of appeal shall be any or all of the following:
(1) That the determination will impose undue economic hardship
or burden upon the applicant.
(2) That the determination will restrict the achievement
of a valid state or federal policy.
(3) That compliance with the determination will be a physical
or legal impossibility.
(4) That the determination will impede the intended objective
of the regulation.
(5) That the determination is unnecessary, in light of viable
alternatives that meet the intended objective of the more stringent local
standard.
D. The appeal shall be conducted by the Zoning Board of
Appeals at an open public hearing in accordance with procedures applicable
to hearings upon applications for a variance from the village's Zoning Law. Notice of the hearing shall be published and given to neighboring
property owners in accordance with the procedures applicable to variance applications,
and notice shall also be given to the municipal officer, employee, agent,
board, agency or commission involved. Evidence shall be submitted at the public
hearing in accordance with the standards generally applicable to variance
proceedings.
E. Any member of the Zoning Board of Appeals who is involved
in a family, business or professional manner with the applicant shall excuse
him/herself from that appeal proceeding.
F. The Zoning Board of Appeals shall render its decision
no later than 60 days following the close of hearing unless the Board's second
regular meeting following the close of hearing is not held within 60 days
thereafter, in which event the time for the Board to render its determination
shall be extended to no more than 75 days following the close of hearing.
G. In its determination of the appeal, the Zoning Board
of Appeals may prescribe suitable remedies, including the imposition of appropriate
conditions.
H. The Zoning Board of Appeals shall make and maintain an
adequate record of the proceeding conforming to the practice generally applicable
to variance proceedings.
I. An aggrieved party may institute a proceeding to review
the determination of the Zoning Board of Appeals in the Supreme Court, Westchester
County, pursuant to Article 78 of the Civil Practice Law and Rules and within
the time limitation prescribed by Article 78 for the review of determinations
of the Zoning Board of Appeals in zoning variance proceedings.
This chapter shall be effective immediately upon filing with the Secretary
of State.