[Amended 12-9-1991 by L.L. No. 13-1991; 10-16-1995 by L.L. No. 12-1995; 8-15-2011 by L.L. No. 8-2011]
A. A Board
of Appeals heretofore established is hereby continued in accordance
with the provisions of the Village Law to consist of five members.
The Board of Appeals shall hear and decide appeals from and review
any order, requirement, decision or determination made by an administrative
officer or board charged with the enforcement of any ordinance adopted
pursuant to this chapter. It shall also hear and decide all matters
referred to it or upon which it is required to pass under this chapter
or under any local law of the Village of Lynbrook, the Village Law
of the State of New York or any other general law. Appeal may be taken
by any aggrieved person or by any officer, board or bureau of the
Village. Such Board of Appeals shall have all the rights, powers and
duties now granted or imposed upon it under this chapter or by the
Village Law of the State of New York, by any local law of the Village
of Lynbrook or by any other general law.
B. The term
of office each member of the Board is hereby confirmed and continued
and shall continue to be five years in order to obtain compliance
with the term expiration provisions of the Village Law of the State
of New York.
[Amended 7-14-1986 by L.L. No. 13-1986; 12-9-1991 by L.L. No. 13-1991]
The Board of Appeals may, in appropriate cases,
after public notice and hearing and subject to appropriate conditions
and safeguards imposed by the Board of Appeals for the health, safety,
morals or general welfare and in harmony with the general purpose
and intent of the zoning laws of the State of New York applicable
to Villages and this chapter and in conformity with the standard and
guide established in this chapter, determine and vary the application
of the use district regulations herein established and grant relief
to the applicant as follows:
A. In all matters where appeal is made to said Board of Appeals for relief from the strict letter of this chapter, when made upon the ground of practical difficulties or unnecessary hardship or for an exception set forth in the Article
IX, the Board of Appeals shall determine and vary the application of the provisions of this chapter in harmony with the laws of the State of New York applicable to Villages upon the standard and guide hereinafter set forth.
B. Where an appeal is taken for a variance to permit
a use which is not expressly permitted or to permit a use which is
prohibited, the Board may grant a variance upon the standard and guide
hereinafter set forth.
C. Any person seeking relief under Article
XIV of this chapter shall pay to the Incorporated Village of Lynbrook such application fees as may be established by resolution of the Board of Trustees.
[Amended 9-17-2007 by L.L. No. 15-2007; 8-15-2011 by L.L. No. 8-2011; 5-6-2013 by L.L. No. 5-2013]
A. The Mayor,
subject to the approval of the Board of Trustees, shall appoint each
member of the Board of Appeals as terms expire.
B. Alternate
members. The Mayor, subject to the approval of the Board of Trustees,
shall appoint for a three-year term a first alternate member and a
second alternate member and a third alternate member who shall be
called to serve on the Board of Appeals as a temporary replacement
for any Board member who may be unavailable to serve in such situations
as recusal, sickness, vacation, business engagements, or the like.
The Chairman of the Board of Appeals shall initially call the first
alternate to serve and upon the unavailability of the first alternate
to serve, shall call upon the second alternate to serve; should the
second alternate be unable to serve, shall call upon the third alternate
to serve.
C. The Chairman
of the Board of Appeals shall be chosen by the Board of Trustees.
D. Removal.
The Board of Trustees shall have the power to remove any members or
alternate member for cause after public hearing upon due notice and
written specifications of charges. After evidence is presented by
both sides, the Board of Trustees shall render a determination within
60 days. Vacancies shall be filled by appointment by the Mayor for
the unexpired term of any member whose place has become vacant.