Village of Ocean Beach, NY Article IX Board of Appeals

§ 164-63 Appointment.

A Board of Appeals shall be appointed by the Board of Trustees of the Village of Ocean Beach pursuant to the provisions of Article 7 of the Village Law of the State of New York.

§ 164-64 Membership.

[Amended 9-15-1979 by L.L. No. 6-1979]

Said Board of Appeals shall consist of five members. They shall be appointed for a term of five official village years such as provided in § 7-712 of the Village Law. The concurring vote of a majority of the members of such Board shall be necessary for a decision. They shall make rules as to the manner of filing appeals and applications for variances from certain specified terms of this chapter and be otherwise bound by the terms of the Village Law of the State of New York.

§ 164-64.1 Alternate members.

[Added 5-1-1999 by L.L. No. 3-1999]

A. Short title and applicability. Alternate Planning Board and Zoning Board of Appeals Members Act. This section shall apply to the appointment, terms, functions and powers of alternate members appointed to serve on the Planning Board and Zoning Board of Appeals in the Village of Ocean Beach.

B. Declaration of policy. It is sometimes difficult to maintain a quorum on the Planning Board and Zoning Board of Appeals because members are ill, on extended vacation, have work-related conflicts or find they have a conflict of interest situation on a specific matter before such Board. In such instance, official business cannot be conducted which may delay or impede adherence to required timeliness. The use of alternate members in such instances is hereby authorized pursuant to the provisions of this section.

C. Definitions. As used in this section, the following terms shall have the meanings indicated:

ALTERNATE MEMBER

An individual appointed by the Village Board of Trustees to serve on the Village Planning Board and Zoning Board of Appeals when a regular member is unable to participate on an application or matter before the respective board, as provided herein.

MEMBER

An individual appointed by the Village Board of Trustees to serve on the Village Planning Board or Zoning Board of Appeals pursuant to Chapter 164 of the Village Code and the laws of the State of New York.

PLANNING BOARD

The Planning Board of the Village of Ocean Beach as established by the Village Board of Trustees under Village Code Chapter 164 pursuant to the provisions of § 7-718 of the Village Law.

ZONING BOARD OF APPEALS

The Zoning Board of Appeals of the Village of Ocean Beach as established by the Village Board of Trustees under Chapter 164 pursuant to the provisions of § 7-712 of the Village Law.

D. Authorization; effect.

(1) The Board of Trustees of the Incorporated Village of Ocean Beach, hereby enacts this section to provide a process for appointing alternate members of the Planning Board and Zoning Board of Appeals. These individuals would serve when members are absent or unable to participate on an application or matter before the respective Board.

(2) Alternate members of the Planning Board and Zoning Board of Appeals shall be appointed by the Village Board of Trustees or other duly authorized appointing authority for terms of three years.

(3) The Chairperson of the Planning Board and Zoning Board of Appeals may designate an alternate to substitute for a member when such member is unable to participate on an application or matter before the Board. When so designated, the alternate member shall possess all the powers and responsibilities of such member of the Board. Such designation shall be entered into the minutes of the initial Planning Board and Zoning Board of Appeals meeting at which the substitution is made.

(4) All provisions of state law relating to Planning Board or Zoning Board of Appeals member eligibility, vacancy in office, removal, compatibility of office and service on other boards, as well as any provision of a local law/local ordinance relating to training, continuing education, compensation and attendance, shall also apply to alternate members.

E. Supersession of Village Law. This section is hereby adopted pursuant to the provisions of § 10 of the New York State Municipal Home Rule Law and § 10 of the New York State Statute of Local Governments. It is in the intent of the Village Board of Trustees pursuant to § 10 of the New York State Municipal Home Rule Law to supersede the provisions of:

(1) Section 7-718 of the Village Law relating to the appointment of members to the Village Planning Boards; and

(2) Section 7-712 of the Village Law relating to the appointment of members to the Village Zoning Boards of Appeal.

§ 164-65 Powers and duties.

[Amended 4-29-1995 by L.L. No. 5-1995]

A. The Board of Appeals, in appropriate cases, after public notice and hearing, and subject to appropriate conditions and safeguards, and in harmony with the general purpose and specific legislative intent of the Village of Ocean Beach's Zoning Code, as reflected in §§ 164-1, 164-16, 164-31, 164-40, 164-57 and 164-80, and consistent with the general management plan for the Fire Island National Seashore, may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation or determination appealed from and shall make such order, requirement, decision, interpretation or determination as in its opinion ought to have been made in the matter by the administrative official charged with the enforcement of such local law and to that end shall have all the powers of the administrative official from whose order, requirement, decision, interpretation or determination the appeal is taken.

B. Use variances.

(1) The Board of Appeals, on appeal from the decision or determination of the administrative officer charged with the enforcement of such chapter, shall have the power to grant use variances, as defined herein.

(2) No such use variance shall be granted by a 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 Board of Appeals that for each and every permitted use under the zoning regulations for the particular district where the property is located:

(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.

(d) 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

C. Area variances.

(1) The Board of Appeals shall have the power, upon an appeal from a decision or determination of the administrative official charged with the enforcement of such chapter, to grant area variances as defined herein.

(2) In making its determination, the 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 grant. In making such determination, the Board shall also consider:

(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 of the neighborhood or district.

(e) Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of the area variance.

(3) The Board of Appeals, 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.

D. Imposition of conditions. The Board of Appeals shall, in 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 the this chapter and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.