[Adopted 1-31-2005 by L.L. No. 1-2005[1]]
As used in this article, the following terms
shall be defined as indicated:
The authorization by the Zoning Board of Appeals for the
use of land in a manner which is not allowed by the dimensional or
physical requirements of the applicable zoning regulations.
The authorization by the Zoning Board of Appeals for the
use of land for a purpose which is otherwise not allowed or is prohibited
by the applicable zoning regulations.
There shall be a Zoning Board of Appeals of
five members pursuant to the provisions of the Village Law.[1] The members of the Zoning Board of Appeals as constituted
immediately prior to the adoption of this chapter shall continue in
office for their unexpired terms and shall be reelected or replaced
in accordance with the provisions of the Village Law.
[1]
Editor's Note: See § 7-712 of the
Village Law.
The Zoning Board of Appeals shall have all the
powers and duties prescribed by 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 said Board
that is conferred by law:
A.
Interpretation. On appeal from an order, requirement,
decision or determination made by an administrative official or on
request by any official, board or agency of the Village, the Zoning
Board of Appeals may reverse or affirm, wholly or partly, or may modify
the order, requirement, decision, interpretation or determination
made by the administrative official charged with the enforcement of
such local law and may decide any of the following questions:
B.
Special permits. The Zoning Board of Appeals shall have the power to grant special permits for commercial district signage, as set out in § 230-44P(4)(a)[4]. On application and after public notice and hearing, the Zoning Board of Appeals shall authorize the issuance by the Village Engineer of special permits for any of the uses for which this chapter requires, in the district in which such use is proposed to be located, the granting of such permits by the Board of Appeals. 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:
(1)
All proposed structures, equipment or material shall
be readily accessible for fire and police protection.
(2)
The proposed use shall be of such location, 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.
(3)
In addition to the above, in the case of any use located
in or directly adjacent to a residential district:
(a)
The location and size of such use, the nature
and intensity of operations involved in or conducted in connection
therewith, its site layout and its relation to access streets shall
be such that both pedestrian and vehicular traffic to and from the
use and the assembly of persons in connection therewith will not be
hazardous or inconvenient to or incongruous with said residential
districts or conflict with the normal traffic of the neighborhood.
(b)
The location and height of buildings, the location,
nature and height of walls and fences and the nature and extent of
landscaping on the site shall be such that the use will not hinder
or discourage the appropriate development and use of adjacent land
and buildings or impair the value thereof.
(4)
In authorizing the issuance of a special permit, it
shall be the duty of the Board 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. The Board may 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 by the Village
Engineer to the effect 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 said permit. 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:
C.
Use variances.
(1)
Use variances. The Zoning Board of Appeals is empowered to grant use variances as defined in § 230-160 of this article.
(2)
No use variance shall be granted by the Zoning 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 Zoning Board of Appeals that for each and every permitted use
under the zoning regulations for the particular district where the
property is located, the following four criteria are satisfied:
(a)
The applicant cannot realize a reasonable return,
provided that lack of return is substantial as demonstrated by competent
financial evidence;
(b)
That 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)
That the requested use variance, if granted,
will not alter the essential character of the neighborhood; and
(d)
That 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.
D.
Area variances.
(1)
Area variances. The Zoning Board of Appeals is empowered to grant area variances as defined in § 230-160 of this article.
(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.
The Zoning Board of Appeals shall also consider:
(a)
Whether an undesirable change will be produced
in the character of the neighborhood or a detriment to nearby properties
created by the granting of the area variance;
(b)
Whether the benefit 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; and
(e)
Whether the alleged difficulty was self-created,
which consideration shall be relevant to the decision of the Zoning
Board of Appeals but shall not necessarily preclude the granting of
the area variance.
E.
Additional conditions for use and area variances.
(1)
The needs or desires of a particular owner or tenant
or of a particular prospective owner or tenant shall not, either alone
or in conjunction with other factors, afford any basis for the granting
of a variance. The fact that the improvements already existing at
the time of the application are old, obsolete, outmoded or in disrepair
or the fact that the property is then unimproved shall not be deemed
to make the plight of the property unique or to contribute thereto.
(2)
Where the Zoning Board of Appeals finds the zoning
classification of a particular property to be conducive to the deprivation
of the reasonable use of the land or building by the owner thereof
and where the Zoning Board of Appeals deems the same condition to
apply generally to other land or buildings in the same neighborhood
or district, said Board may call this condition to the attention of
the Board of Trustees.
(3)
In all cases where the Zoning Board of Appeals grants
a variance from the strict application of the requirements of this
chapter, it shall be the duty of such Board to attach conditions and
safeguards as may be required in order that the result of its action
may be as nearly as possible in accordance with the spirit and intent
of this chapter.
A.
Filing of administrative decisions. Each order, requirement,
decision, interpretation or determination of the administrative official
charged with the enforcement of the local zoning law shall be filed
in the office of such administrative official within five business
days from the day it is rendered and made a public record.
B.
Appeal of administrative decisions. Appeals shall
be taken within 60 days after the filing of any order, requirement,
decision, interpretation or determination of the administrative official
by filing with the administrative official and with the Zoning Board
of Appeals a notice of appeal specifying the grounds of appeal and
relief sought. The administrative official shall transmit to the Zoning
Board of Appeals all papers constituting the record upon which the
appealed action was taken.
C.
Stay upon appeal. An appeal shall stay all proceedings
in furtherance of the action appealed from, unless the administrative
official certifies to the Zoning Board of Appeals after notice of
appeal has been filed with said official that a stay would cause imminent
peril to life or property, in which case proceedings shall not be
appealed other than by a restraining order which may be granted by
the Zoning Board of Appeals or by a court of record on application.
The powers and duties of the Zoning Board of
Appeals shall be exercised in accordance with the following procedures:
A.
Meetings, minutes, records. Meetings of the Zoning
Board of Appeals shall be open to the public to the extent provided
in Article 7 of the Public Officers Law. The Zoning Board of Appeals
shall keep minutes of its proceedings, showing the vote of each member
upon every question, or if absent and failing to vote, indicating
such fact, and shall also keep records of its examinations and other
official actions.
B.
Notice of hearing; property owners. The Zoning Board of Appeals shall
not grant any appeal for a variance or issue any special or temporary
permit without first holding a public hearing, notice of which hearing
and of the substance of the appeal or application shall be given by
publication in the official newspaper of the Village at least 10 days
before that date of such hearing. In addition to such published notice,
the Zoning Board of Appeals shall cause notice to be given of the
substance of every appeal for a variance and of every application
for a special permit, together with notice of the hearing thereon,
by causing notices thereof to be mailed by postal card or other means
at least 10 days before the day of said hearing to the owners of all
property abutting that held by the applicant in the immediate area,
whether or not involved in such appeal or application, and all other
owners within 200 feet, from the exterior boundaries of the land involved
in such appeal or application, as the names of said owners appear
on the last completed assessment roll of the Village; provided, however,
that in the case of variance applications for fences, sheds or walls,
notices shall only be required to be mailed to owners of properties
immediately abutting, and directly across the street from, the exterior
boundaries of the land involved in such applications. Any or all of
the notices required by this section shall be issued by the office
of the Village Engineer, provided that due notice shall have been
published as above provided and that there shall have been substantial
compliance with the remaining provisions of this subsection, the failure
to give notice in exact conformance herewith shall not be deemed to
invalidate action taken by the Zoning Board of Appeals in connection
with the granting of any appeal or variance or issuance of any special
or temporary permit pursuant thereto.
[Amended 3-6-2017 by L.L.
No. 1-2017; 9-20-2021 by L.L. No. 10-2021]
C.
Notice of hearing, Westchester County and regional
councils. Ten days' notice by mail shall be given in accordance with
the provisions of §§ 277.61 and 277.62 of the Westchester
County Administrative Code, as such sections may from time to time
be amended or superseded, in all cases where notice is required thereby.
If applicable, the Zoning Board of Appeals shall mail notices of the
hearing at least five days before the hearing to the state park commission
having jurisdiction over any state park or parkway within 500 feet
of the property affected by the appeal. The notice shall be accompanied
by a full statement of the proposed action, as defined in § 239-m
of the General Municipal Law.
D.
Notice of hearing, Planning Board. At least 10 days
before the date of any public hearing, the Secretary of the Zoning
Board of Appeals shall transmit to the Secretary 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 Zoning Board
of Appeals an advisory opinion on said appeal or application at any
time prior to the public hearing.
E.
Unless work is commenced and diligently prosecuted
within one year of the date of the granting of a variance or special
permit, such variance or special permit shall become null and void.
F.
Application requirements, forms and fees. All appeals
and applications made to the Zoning Board of Appeals shall be in writing
and on forms prescribed by the Board and approved by the Planning
Board. Ten copies of the application and supporting documentation
shall be submitted by the applicant, accompanied by a fee in an amount
set from time to time by resolution of the Board of Trustees.[1] The Zoning Board of Appeals may, in its discretion, return to the applicant part or all the fee paid by him or her in the event that his or her appeal under § 230-162A, Interpretation, hereof is partially or wholly successful. The fees filed in connection with applications under § 230-162B, Special permits, or § 230-162C and D, Use variances and Area variances, shall not be returnable regardless of disposition of the case by the Zoning Board of Appeals.
[1]
Editor's Note: The current fee resolution
is on file in the office of the Village Clerk.
G.
Application requirement; content of submission. Each
appeal or application shall fully set forth the circumstances of the
case. Each application for a special permit shall be accompanied by
a proposed plan showing the size and location of the lot, a site plan
showing the location of all buildings and proposed facilities, including
access drives, parking areas, landscaping and all streets within 200
feet. Every appeal or application shall refer to the specific provision
of this chapter and shall exactly set forth, as the case may be, the
interpretation that is claimed, the details of the variance that is
applied for and the grounds on which it is claimed that the same should
be granted, or the use for which the special permit is sought.
H.
Time frame of decision. The Zoning Board of Appeals
shall decide upon the appeal within 62 days after the hearing. The
time within which the Zoning Board of Appeals must render its decision
may be extended by mutual consent of the applicant and the Board.
I.
Recording and filing of decisions.
(1)
Every decision of the Zoning Board of Appeals shall
be recorded in accordance with standard forms adopted by the Board
and shall fully set forth the circumstances of the case and shall
contain a full record of the findings on which the decision is based.
Every decision of the resolution shall be filed in the office of the
Village Clerk within five business days. The decision shall be filed
by case number, together with all documents pertaining thereto, under
one of the following headings:
J.
Compliance with SEQRA. The Zoning Board of Appeals
shall comply with the provisions of the state environmental quality
review act (SEQRA) 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.
K.
Rehearing. Any member of the Zoning Board of Appeals
may make a motion to hold a rehearing on any order or determination
of the Board not previously reheard. A unanimous vote of all members
of the Board then present is required for such rehearing to occur.
The rehearing is subject to the same notice provisions as the original
hearing. Upon such rehearing, the Board may reverse, modify or annul
its original order, decision or determination upon the unanimous vote
of all members then present, provided the Board finds that the rights
vested in persons acting in good faith in reliance upon the reheard
order, decision or determination will not be prejudiced thereby.
L.
Voting requirements.
(1)
Decision of the Board. Except as otherwise provided in § 230-164K of this article, every motion or resolution by the Zoning Board of Appeals shall require for its adoption the affirmative vote of a majority of all the members of the Zoning Board of Appeals, as fully constituted regardless of vacancies or absences. Where an action is the subject of a referral to the county planning agency, the voting provisions of § 239-m of the General Municipal Law shall apply.
(2)
Default denial of appeal. In exercising its appellate jurisdiction only, if an affirmative vote of a majority of all members of the Zoning Board of Appeals is not attained on a motion or a resolution to grant a variance or reverse any order, requirement, decision or determination of the enforcement official within the time allowed by § 230-164H of this article, the appeal is denied. The Zoning Board of Appeals may amend the failed motion or resolution and vote on the amended motion or resolution within the time allowed without being subject to the rehearing process as set forth in § 230-164K of this article.
M.
All provisions of this chapter relating to the Zoning
Board of Appeals shall be strictly construed; the Board, as a body
of limited jurisdiction, shall act in full conformity with all provisions
of law and of this chapter and in strict compliance with all limitation
contained therein; provided, however, that if the procedural requirements
set forth in this chapter have been substantially observed, no applicant
or appellant shall be deprived of the right of application or appeal.
