As used in this article, the following terms
shall have the meanings 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.
A.
The Zoning Board of Appeals ("ZBA"), heretofore duly
appointed in conformity with § 7-712 of the Village Law
is hereby continued with all powers and duties conferred by the Village
Law.
B.
The ZBA shall consist of five members and two alternate
members appointed by the Mayor. Alternate members shall be appointed
for a term of two years. The Mayor shall also designate a Chairman
and a Vice Chairman from among the members of the ZBA.
[Amended 2-14-2000 by L.L. No. 1-2000; 6-12-2000 by L.L. No. 2-2000; 7-9-2018 by L.L. No. 9-2018]
C.
Board of Trustees ineligible. No person who is a member
of the Village Board of Trustees shall be eligible for membership
on such ZBA.
D.
Each alternate member of the ZBA shall attend meetings
of the ZBA and shall be entitled to participate in its deliberations,
but shall vote only in the event that a member is absent, has a conflict
of interest or is otherwise unable to vote on an application or matter
before the board and the Chairman designates such alternate member
to vote. At any meeting at which the Chairman determines that one
or more members is unable to vote for any of the foregoing reasons,
the Chairman may (but shall not be required to) designate an alternate
member (or members as appropriate) to vote at such meeting in the
place of such member or members. This subsection is adopted pursuant
to the authority granted by § 10, Subdivision 1(e)(3), of
the Municipal Home Rule Law, and shall supersede any provision of
the Village Law which is inconsistent herewith.
[Added 2-14-2000 by L.L. No. 1-2000]
E.
One or more of the alternate members may be substituted
for member(s) when required for a quorum.
[Added 2-14-2000 by L.L. No. 1-2000]
A.
Orders, requirements, decisions, interpretations,
determinations. The ZBA is empowered to reverse, affirm or modify
certain orders, requirements, decisions, interpretations and determinations
of the Building Inspector as provided in § 7-712-b of the
Village Law.
B.
Use variances. The ZBA is empowered to grant use variances
as defined in § 310-49A of this chapter.
(1)
No such use variance shall be granted by the ZBA 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 ZBA 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)
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; and
(d)
The alleged hardship has not been self-created.
(2)
The ZBA, 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. The ZBA is empowered to grant area
variances as defined in § 310-49B of this chapter.
(1)
Area variances do not need to meet the hardship requirement
of a use variance. Instead, the ZBA needs only to consider two basic
elements: the benefit to the applicant versus the detriment to the
neighborhood if the variance is granted. In balancing these two interests
the ZBA must consider the following five factors:
(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 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 ZBA,
but shall not necessarily preclude the granting of the area variance.
(2)
In considering an area variance application that seeks relief from the maximum permitted FAR pursuant to § 310-22E, the Zoning Board of Appeals may consider the extent to which the subject structure successfully employs design techniques which reduce the appearance of scale and aid in keeping the subject structure visually in scale with those structures to which it is adjacent and to those which are located on similarly sized lots in the neighborhood of the subject structure, thereby maintaining the established character of the neighborhood. In considering an application for a variance from the maximum permitted FAR, the Zoning Board of Appeals may in its sole discretion consider, among other factors:
[Added 4-14-2003 by L.L. No. 2-2003[1]]
(a)
The employment by the applicant of architectural
design techniques that reduce the visual appearance of the actual
scale of the proposed structure;
(b)
The extent to which the visual appearance of
the actual scale of the proposed structure is consistent or in keeping
with that of structures on the adjacent lots and on other neighborhood
lots sized similarly to the lot of the applicant;
(c)
The employment by the applicant of landscaping
techniques, including screening, that reduce the visual appearance
of the actual scale of the proposed structure;
(d)
The extent to which the proposed structure thereby
is consistent with the established character of the neighborhood.
[1]
Editor's Note: This local law also redesignated
former Subsection C(2) as C(3).
(3)
The ZBA, 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.
The powers and duties of the ZBA shall be exercised
in accordance with the following procedure:
A.
A public hearing shall be held by the ZBA on every
appeal and application made to it. The ZBA shall decide upon the appeal
within 62 days after the conduct of the hearing; provided, however,
that such time may be extended by mutual consent of the applicant
and the ZBA.
B.
Hearing notice.
(1)
A notice of such hearing and of the substance of the
appeal or application shall be given by the ZBA by publication in
the official newspaper of the Village at least 10 days before the
date of such hearing. A notice of such hearing shall also be transmitted
to the applicant.
(2)
The applicant shall be required to notify any property
owner within 100 feet of the subject property by certified mail or
registered mail and shall, on or before the date of the hearing, file
with the ZBA a verified statement that such property owners were so
notified. Should the ZBA deem an area beyond 100 feet of the subject
property to be affected by the application, it may require the notification
of property owners within not more than 200 feet of said property
by certified mail or registered mail.
(3)
At least 10 days before such hearing, the ZBA shall
mail notices thereof to the Westchester County Planning Department,
if required by § 239-m of the General Municipal Law, which
notice shall be accompanied by a full statement of the matter under
consideration.
(4)
If the land involved in an appeal or application lies
within 500 feet of the boundary of any other municipality, the applicant
shall also transmit to the Municipal Clerk of such other municipality
a copy of the official notice of the public hearing thereon not later
than the day after such notice appears in the official newspaper of
the Village.
C.
At least five days before the date of any public hearing,
the Secretary of the ZBA shall transmit to the Village Clerk a copy
of any appeal or application, together with a copy of the notice of
such hearing. The Board of Trustees may submit to the ZBA an advisory
opinion on said appeal or application at any time prior to the rendering
of a decision.
D.
Unless work is commenced and diligently prosecuted
within one year of the date of the granting of a variance, such variance
shall become null and void.
E.
Each and every application for a hearing and determination by the ZBA whereby the ZBA is called upon to exercise the powers and duties granted to it under and pursuant to the Village Law shall be accompanied by the filing fee determined as provided under Article X.
F.
Each and every application shall refer to the specific
provision of the ordinance involved and shall exactly set forth the
interpretation that is claimed or the details of the variance that
is applied for and the grounds on which it is claimed that the variance
should be granted.
G.
A majority vote of the members of the Zoning Board
of Appeals is necessary to take action.
H.
Every decision of the ZBA 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. In addition, as a condition
of the grant of any application (in whole or in part) (particularly
where the grant is conditioned on the fulfillment of conditions such
as the maintenance of landscaping into the future), the ZBA may require
that the applicant mail a copy of its decision to some or all persons
within the vicinity of the property who were required to receive notice
of the hearing on the application at issue and to file proof of such
mailing with the Building Department.
[Amended 1-11-2021 by L.L. No. 4-2021]
I.
All the provisions of this chapter relating to the
ZBA shall be strictly construed. The ZBA, 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 limitations 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.
J.
The Zoning Board of Appeals shall, in the granting
of both use variances 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. 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 Village.
K.
The ZBA shall comply with the State Environmental
Quality Review Act (SEQRA), Article 8 of the Environmental Conservation
Law of New York State.
