The Board of Appeals shall consist of five members
and shall be appointed as provided by statute and shall have such
powers and duties as provided in the laws of the State of New York.
The Board of Appeals may adopt from time to
time such rules and regulations as it may deem necessary as provided
in the Village Law of the State of New York.
A.
In addition to its powers and duties provided in the
laws of the State of New York, the Board of Appeals shall have the
powers to the extent hereinafter set forth after public notice and
hearing and subject to appropriate conditions and safeguards to determine
and vary the applications of the regulations herein established in
harmony with the purposes enumerated in the Village Law and the general
purpose and intent of these regulations as follows:
(1)
When a district boundary line divides a lot
held in a single or separate ownership at the time of the adoption
of this chapter, and the major portion of said lot is in the less
restricted district, permit, under such circumstances as will safeguard
the character of the more restricted district, a use authorized on
either portion of the lot to extend to the entire lot, but not more
than 25 feet beyond the boundary line of the district in which such
use is authorized.
(2)
Permit the extension of a nonconforming use
or building upon the lot occupied by such use or building at the time
of the adoption of this chapter, provided that the extension to any
nonconforming building does not increase the degree of nonconformity.
(3)
In undeveloped sections of the Village, authorize
the issuance of temporary and conditional permits to contractors or
builders under such conditions as the Board of Appeals shall prescribe
for not more than one year for structures, signs and uses in contravention
of the use of regulations controlling residence districts, including
signs, temporary offices and structures on a plot or tract in course
of development, provided that such uses are important to the development
of such undeveloped plot or tract and, also, provided that such uses
are not prejudicial to the adjoining and neighboring plots or tracts
already developed. Such structures and signs shall in any event be
removed, and such uses shall be discontinued within 30 days after
completion of the work on the plot or tract. In authorizing a permit
for any such structure, sign or use, said Board of Appeals shall fix
the location and size thereof and shall limit the purpose and period
of time for which the same shall be erected or continued.
(4)
Authorize the issuance of a permit wherever
it is provided in this chapter that the authorization of such permit
by the Board of Appeals is required.
(5)
Permit a proposed building to encroach on the
front yard setback requirement, in case where the proposed building
will adjoin, on either or both sides, a building which does not conform
to the minimum setback line. Such encroachment shall not extend into
the front yard more than the building that has the greatest encroachment
on such front yard setback.
(6)
(a)
Nonconforming buildings and now existing accessory
buildings, the use of which is converted to a main dwelling, may modify
the minimum usable floor area to not less than 1,000 square feet.
(b)
New dwellings, where error in size is caused
by inadvertence (unintentional mistake) and cannot be remedied, except
at considerable expense, may modify the minimum usable floor area
to not less than 1,950 square feet in BB Residence Districts and to
not less than 1,750 square feet in B Residence Districts.
(7)
Permit in B-4, BB and B Residence Districts
the modification of front, rear and side yard restrictions with respect
to any building in existence at the time of the enactment of this
amendment to the chapter.
[Amended 11-27-1987 by L.L. No. 13-1987; 12-21-1987 by L.L. No. 14-1987]
(8)
Permit in B-4, BB and B Residence Districts
the encroachment of buildings and structures into the front, rear
and side yards as follows:
[Amended 11-27-1987 by L.L. No. 13-1987; 12-21-1987 by L.L. No. 14-1987]
(a)
Existing accessory buildings, the use of which
is converted into a main dwelling.
(b)
Fences, swimming pools, outdoor fireplaces,
trellises, pergolas, tennis courts, flagpoles, walls, gates and gateposts.
(c)
A main dwelling or accessory building which
by inadvertence (unintentional mistake) is found when erected to be
in violation of a front, rear or side yard requirement, provided that
such violation or encroachment does not exceed five feet.
(9)
Permit a modification of the minimum lot street
frontage requirement in any district as follows:
(a)
In the case where the lot has a frontage on
either a public street or a street laid out on the Official Map of
the Village, provided that no rights-of-way of ingress or egress encumber
said lot frontage.
(b)
Where the street line of the lot is on a curve,
in which case the Board of Appeals may require a greater front yard
depth than the minimum provided in this chapter as one of the conditions
of the permit.
(10)
Permit a modification of the regulations herein
established in the case of irregular lots or lots of less than the
required area in any district, which so existed at the effective date
of this chapter, provided, in the case of lots less than the required
area, that the lot was in a single and separate ownership from that
of any adjoining land at the time of the effective date of this chapter
and, further, provided that any such lot did not come into a common
ownership with adjoining land any time thereafter.
(11)
Permit the modification of the regulations herein
established, in case of exceptional topography.
(12)
Permit the modification of side and rear yard
restrictions in A Residence Districts.
(13)
Permit the modification of height regulations
in any district to permit church spires, belfries, towers designed
exclusively for ornamental purposes, flagstaffs, chimneys, flues and
parapet walls extending not more than three feet above the height
permitted by the regulation.
(14)
Permit a public utility building or structure
in any district, provided that the particular use in the particular
location is necessary and convenient for the efficient operation of
the public utility system of which the particular use is a part or
for the satisfactory and convenient provision of service by the utility
to the neighborhood in which the particular use is located, subject
to such safeguards as the Board of Appeals shall deem necessary or
desirable to preserve the character of the neighborhood.
(16)
Permit a modification of these regulations as
to the height of fences and outdoor fireplaces and accessory buildings
not extending more than five feet above the height permitted by these
regulations.
(17)
Permit a modification as to the location of
wells.
(18)
Permit a modification of the lot area requirement to include, in the lot area, area lying within or on the opposite side of a right-of-way running through or along any side or part of such lot and areas where the width of the lot is less than the specified distance. (See Article II, § 216-4, definition of Lot Area; Residence District.)
B.
The Board of Appeals may, in appropriate cases, provide
that any permit granted under this section shall be temporary and
shall be effective only for the period fixed by the Board, and any
application for renewal of such permit shall be acted upon in the
same manner as an initial application.
C.
On all applications for permits under this section,
the Board of Appeals, in addition to the requirements hereinabove
set forth, shall give consideration to the health, safety, morals,
convenience and general welfare of the Village and of its property
owners and residents and shall act in harmony with the general purpose
and intent of this chapter and of the applicable provisions of the
Village Law.
D.
The determination of the Board of Appeals, on all
applications under this section, shall be made in accordance with
the comprehensive plan and design set forth in this chapter with the
purpose and intent set forth in the title, subtitle and preamble thereto
and in § 7-704 of the Village Law, as it now exists or as
the same may be hereafter amended.
E.
The Board of Appeals shall not authorize the issuance
of any permit under any of the provisions of this section unless it
finds in each case that the proposed use of the property or the erection,
alteration or maintenance of the proposed buildings or structures:
F.
Before authorizing the issuance of any permit under Subsections A(1), (4), (14) and (15) of this section, said Board of Appeals, in addition to the foregoing findings, shall find that the proposed use or the erection, alteration and maintenance of the proposed building or structure will not be feasible or practical in a less restricted district.
G.
In considering any application under Subsections A(1), (4), (14) and (15) of this section, said Board of Appeals shall give consideration to the following:
(1)
Accessibility to the premises for fire and police
protection.
(2)
Access of light and air to the premises and
of adjoining properties.
(3)
Traffic problems, transportation requirements
and facilities.
(4)
Hazards from fire, the size, type and kind of
buildings and structures in the vicinity where the public is apt to
gather in numbers, such as theaters, churches, hospitals, mortuaries,
schools and the like.
H.
I.
All of the buildings and structures for which permits
are authorized under this section shall, except as otherwise specifically
provided in this section, be in accordance with the height, area and
yard requirements prescribed in this chapter, and all such buildings
and structures shall conform to all applicable laws and regulations
relative to their construction, location, operation and maintenance.
The original jurisdiction of the Board of Appeals to determine and vary the application of these regulations, as provided in § 216-108, upon appeal from an order, requirement, decision or determination made by an administrative official of the Village, is hereby extended to include and the Board of Appeals shall have the power to hear and determine applications for such variances made directly to the Board of Appeals for its action in the first instance, and such applications are hereby referred to the Board of Appeals.
[Added 4-3-2001 by L.L. No. 7-2001]
A.
All applications for a special permit use which are
being processed before the Board of Zoning Appeals at a time when
the jurisdiction over such applications is transferred to the Board
of Trustees shall remain in the Board of Zoning Appeals, and that
Board shall continue to process such applications through final decision
as if jurisdiction had not been transferred.
B.
In considering and deciding the applications, the
Board of Zoning Appeals shall use the standards, rules and regulations
in existence at the time of the application.
A.
Meetings.
(1)
Regular meetings designated as public hearings
of the Board of Appeals shall be held on the second Monday of each
month at 8:00 p.m. in the Village Hall, unless any such Monday falls
on a holiday, in which event such meeting shall be on the following
day. Additional meetings of the Board of Appeals shall be held at
the call of the Chairman and at such other times as such Board of
Appeals may determine.
[Amended 9-17-1984 by L.L. No. 22-1984]
(2)
Meetings shall be devoted to hearings of applications
to the Board of Appeals for permits, as provided for in this chapter,
and to hearings of appeals from orders, requirements, decisions and
determinations of the Building Inspector.
(3)
All meetings of the Board of Appeals shall be
open to the public.
(4)
A quorum of the Board of Appeals shall consist
of three members.
(5)
The Chairman shall preside at all meetings and,
subject to these rules, shall decide all points of order or procedure,
unless otherwise directed by a majority of the Board of Appeals in
session at that time. The Chairman shall report to the Board of Appeals
on all pertinent official transactions that do not otherwise come
to the attention of the Board of Appeals. Should the Chairman be absent
at any meeting, then the Board of Appeals shall designate a Chairman
to act at such meeting.
(6)
At a public hearing of a matter before the Board
of Appeals, the applicant or appellant, as the case may be, shall
first present his argument in support of the case, and those of the
opposition shall follow. To maintain orderly procedure, each shall
proceed without interruption by the other.
(7)
Every person before the rostrum shall abide
by the order and direction of the Chairman. Discourteous or disorderly
conduct shall be regarded as a breach of his privileges and shall
be dealt with as the Chairman deems proper.
(8)
On all applications and appeals, the owner of
the property affected shall appear before the Board of Appeals in
person or by his duly authorized agent or attorney. In case an owner
fails to appear in person or by his duly authorized agent or attorney
as aforesaid, the Board of Appeals may dismiss his application or
appeal.
B.
Cases before the Board of Appeals.
(1)
Every application for a permit, except an application
for the renewal of a temporary permit, and every appeal to the Board
of Appeals shall be made on the forms provided in duplicate, the original
of which shall be verified before a notary public and shall include
the data required by such forms and shall be accompanied by the necessary
diagrams, consents, if any, and other supporting matter, including
plans and specifications, if required by the Board of Appeals, so
as to supply all information necessary for a clear understanding by
the Board of Appeals.
(2)
Applications for renewals of temporary permits
shall be made to the Board of Appeals in writing and shall be signed
by the owner or his duly authorized agent.
(3)
Every application and appeal to the Board of
Appeals shall be executed by the owner of the premises affected by
such appeal or application or by his duly authorized agent on his
behalf.
(4)
Every appeal to the Board of Appeals must be
taken and filed with the Village Clerk within 30 days from the date
of the order, requirement, decision or determination of the Building
Official appealed from. Every appeal and every application shall have
been on file in the office of the Village Clerk not less than 21 days
before it shall be heard by the Board of Appeals.
C.
The calendar. After the filing of an application or
an appeal, the Clerk shall cause a notice of a public hearing on the
application or appeal to be published once in the official newspaper
of the Village and said notice posted on the Official Bulletin Board
at or near the office of the Village Clerk. Every applicant or appellant
shall be notified by mail of the date his case will be set for a public
hearing, which notice shall be mailed to such applicant or appellant
not less than five days before the date of the public hearing.
[Amended 9-17-1984 by L.L. No. 23-1984]
D.
Disposition of cases.
(1)
The final decision or determination by the Board
of Appeals of any application or appeal shall be either an order in
writing signed by a majority of the members of the Board of Appeals
or by a resolution entered in the minutes of the Board of Appeals
and an order made pursuant thereto entered and filed in the office
of the Village Clerk. Such final decision shall either affirm, reverse
or modify, in whole or in part, the order, requirement, decision or
determination appealed from or dismiss the appeal for lack of jurisdiction
or prosecution or grant or deny, in whole or in part, the application
for a permit. In denying or dismissing any application or appeal,
in whole or in part, the reason therefor shall be indicated. The Board
of Appeals, in reversing or modifying any order, requirement, decision
or determination appealed from or in granting any application, may
impose such terms and conditions as in its discretion and judgment
it deems proper and necessary. The concurring vote of a majority of
the Board of Appeals present shall be necessary to any decision or
determination. If there is less than such a majority vote in favor
of an application or appeal, such action shall constitute a denial
thereof.
(2)
Any applicant or appeallant may withdraw his
application or appeal to the Board of Appeals at any time prior to
action thereon with the consent of the Board of Appeals.
(3)
No application or appeal dismissed or denied,
in whole or in part, may be considered again, except on a request
by the applicant or appellant to restore the case to the calendar.
No request to grant a rehearing shall be entertained by the Board
of Appeals unless substantial new evidence is submitted to it. If,
on motion of a member of the Board of Appeals, adopted by the affirmative
vote of a majority of the Board of Appeals present, the request is
granted, the case shall be put on the calendar for rehearing. In every
case the request for rehearing shall be, in writing, executed in duplicate
by the applicant or appellant, reciting the reasons for the request
and shall be accompanied by the necessary data and diagrams, and such
request shall be filed with the Clerk. A date will then be set for
the hearing of such request at least 14 days after the filing of the
same with the Clerk when the request for restoration to the calendar
shall be submitted to the Board of Appeals. The applicant or appellant
making such request shall be given at least five days' notice by mail
of the hearing thereon by the Board of Appeals.
(4)
No decision or determination of the Board of
Appeals granting any application or reversing or modifying an appeal
shall remain in force and effect longer than 12 months from the date
of such decision or determination, unless the applicant or appellant
shall have in the meantime, actually and in good faith, commenced
substantial work on the erection or alteration of the building or
structure or made use of the property affected pursuant to the relief
granted.
E.
Inspections. In any case in which the Board of Appeals
shall deem it necessary, an inspection of the premises in question
may be ordered by the Board of Appeals. Such inspection shall be made
by the Chairman and by one or more members designated by him, and
they shall report their findings to the Board of Appeals.
F.
Amendment, modification or waiver of rules. These
rules of procedure may be amended by the Board of Appeals at any regular
meeting, provided that notice of such proposed amendment has been
given by the Clerk in writing to each member of the Board of Appeals,
not less than five days prior to such meeting; except that if a majority
of the Board of Appeals present at a meeting thereof duly called shall
find that the application of any of the foregoing rules shall create
a hardship to an applicant or to an appellant, the same may, in such
case, upon the affirmative vote of a majority of the Board of Appeals
present, be modified or waived.
[1]
Editor's Note: The Rules of Procedure of the
Board of Appeals were adopted 10-17-1955 and amended 6-27-1960 separate
from Zoning. They have been incorporated at the Village's direction.
