[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.
[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.
A.
In any and all cases and matters coming before said
Board of Appeals for determination, the determination and decision
of the Board shall be made in accordance with the provisions and intents
of the Village Law of the State of New York concerning a comprehensive
plan and designed as provided either in said Village Law and in this
chapter to lessen congestion of the streets; to secure safety from
fire, panic and other dangers; to promote health, safety, morals or
the general welfare; to provide adequate light and air; to prevent
the overcrowding of land; to avoid undue concentration of population;
to facilitate the adequate provision of transportation, water, sewerage,
schools, parks and other public requirements; and whether the said
premises can be put to a conforming use. The deliberations and determinations
of said Board shall be made with reasonable consideration, among other
things, as to:
(1)
The character of the district.
(2)
Its peculiar suitability for particular uses.
(3)
The conservation of property values.
(4)
Encouraging the most appropriate use of land
throughout the Village.
(5)
The direction of building development.
(6)
That the practical difficulty or unnecessary
hardship is created by this chapter and not by the act of the applicant.
(7)
That such difficulty is not common to others
in the neighborhood or district, and such variance shall be within
the spirit of this chapter and in harmony therewith.
B.
Term of variance.
[Added 12-9-1991 by L.L. No. 13-1991; amended 11-21-2005 by L.L. No. 10-2005]
(1)
A variance or other relief granted by said Board
of Appeals shall expire and be of no further force or effect one year
after the date of granting said variance, or, if the Board of Appeals
in its decision granting said variance specifies a shorter period
of time for the expiration of variance, within such shorter period
of time, unless within said one year or such shorter period of time
as specified by the Board of Appeals a permit is validly issued by
the Building Department and construction or use is commenced in accordance
with the decision granting the variance or other relief. The limitation
expressed herein shall apply to variances granted prior to, on or
after the effective date of this subsection,
(2)
Extension of term.
(a)
Notwithstanding the foregoing, the holder of
a variance grant may apply to the Board of Appeals for an extension
of the abovedescribed one-year, or less than one year, expiration
date, provided: (i) the application is filed with the Board of Appeals
prior to the abovedescribed expiration date; and (ii) good cause for
the requested extension of time is shown. The Board may grant an extension
thereof, in its discretion, for an additional period of time up to
one year.
