Town of Haverstraw, NY Article XI Zoning Board of Appeals

§ 167-75 Membership; organization; terms; vacancies.

A. The Zoning Board of Appeals shall consist of five members. Their successors shall be appointed in accordance with the provisions of the State of New York Town Law. The Town Board shall designate the Chairman from the membership of the Zoning Board of Appeals.

B. The Town Board of the Town of Haverstraw shall appoint a Secretary to the Zoning Board of Appeals. The Zoning Board of Appeals shall prescribe rules for conducting its affairs.

[Amended 2-14-1994 by L.L. No. 2-1994]

C. Successors to the existing Zoning Board of Appeals shall be appointed for terms of five years following the expiration of the terms of their predecessors in office. If a vacancy occurs other than by expiration of a term, it shall be filled by the Town Board by appointment for the unexpired term.

D. The Town Board shall have the power to remove any member of the Zoning Board of Appeals for cause, after a public hearing.

§ 167-76 Adoption of rules and regulations; quorum; minutes.

A. General. The Zoning Board of Appeals may adopt rules and regulations with respect to procedures before it and with respect to any subject matter over which it has jurisdiction, subject to the approval of the Town Board. Such regulations shall include provisions for the conduct of meetings, notification of parties, form of applications and filing of decisions.

B. Quorum. A quorum shall consist of a majority of the total membership of the Zoning Board of Appeals.

[Amended 7-8-1991 by L.L. No. 3-1991]

C. Minutes. The Zoning Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon each question, and shall keep records of its examinations and other official actions and deposit same with the office of the Town Clerk.

§ 167-77 Application requirements; fees; time limits.

A. A complete application must include all of the following:

(1) Applications and appeals made to the Zoning Board of Appeals shall be in writing.

(2) Applications and appeals shall be on the official forms of the Zoning Board of Appeals.

(3) Applications and appeals shall be submitted to the Secretary of the Zoning Board of Appeals at least two weeks prior to the next scheduled meeting.

(4) Twelve copies of a survey certified by a New York State licensed surveyor, dated within one year of the date of an application to the Zoning Board of Appeals, shall be submitted, together with the above-noted items.

B. Fees. Upon the filing of an application or appeal to the Zoning Board of Appeals, a fee shall be payable to the Town of Haverstraw in accordance with the Standard Schedule of Fees adopted by the Town Board and as amended periodically.

C. Time limit. Appeals to the Zoning Board of Appeals or requests for review from any order, requirement, decision and/or determination of the Building Inspector must be filed no later than 60 days from the date of filing of the order, requirement, decision and/or determination by the Building Inspector. Appeals filed beyond this time limit are invalid and shall not be considered by the Zoning Board of Appeals, unless the Zoning Board of Appeals is directed to hear the same by a court of competent jurisdiction.

[Amended 8-13-2012 by L.L. No. 3-2012]

§ 167-78 Powers and duties.

The Zoning Board of Appeals shall have all the powers and duties prescribed by the State of New York Town Law and this chapter, as both are amended periodically, including but not limited to the following:

A. Appeals. The Zoning Board of Appeals shall hear and decide appeals from and review any order, requirement, decision or determination of the Building Inspector or such other official charged with the enforcement of this chapter. In addition, the Zoning Board of Appeals may not waive the requirements of the Master Plan of the Town of Haverstraw.

B. Interpretation. On an appeal from any order, requirement, decision or determination made by an administrative official or by the Building Inspector, the Zoning Board of Appeals shall decide any of the following questions:

(1) Determination of the meaning of any portion of the text of this chapter or of any condition or requirement specified or made under the provisions of this chapter.

(2) Determination of the exact location of any district boundary shown on the Zoning Map.

C. Variances. On appeal from an order, requirement, decision or determination made by the Building Inspector or on referral of an applicant to the Zoning Board of Appeals by an approving agency acting pursuant to this chapter, the Zoning Board of Appeals is authorized to vary or modify the strict letter of this chapter where its literal interpretation would cause practical difficulties or unnecessary hardships, as specified in this section, in such manner as to observe the spirit of the chapter and to protect the safety and welfare of the public and do substantial justice.

(1) Bulk variances. The Zoning Board of Appeals may grant a variance in the application of the Bulk Requirements of this chapter.[1] In making this determination, the Zoning Board of Appeals shall make each and every one of the following findings:

(a) The variation is not substantial in relation to the requirements of this chapter.

(b) The effect of any increased population density which may thus be produced upon available services and facilities is not significant.

(c) A substantial change in the character of the neighborhood or a substantial detriment to adjoining properties will not be created.

(d) The situation cannot be alleviated by some feasible method other than a variance.

(e) In view of the manner in which the difficulty arose and considering all of the above factors, the interests of justice will be served by allowing the variance.

(f) The variance would not cause adverse aesthetic, environmental or ecological impacts on the property or on surrounding areas.

[1] Editor's Note: The Table of General Bulk Requirements is included at the end of this chapter.

(2) Use variances. Where, because of unnecessary hardship relating to the land for a use not allowed in the zoning district in which the land is located, an applicant requests a variance of the use requirements of this chapter, the Zoning Board of Appeals may grant a variance in the application of the provisions of this chapter in the specific case, provided that, as a condition to the granting of any such variance, the Zoning Board of Appeals shall make each and every one of the following findings:

(a) After considering all permitted uses, the property in question cannot yield a reasonable return if used only for a purpose permitted in the zoning district.

(b) The plight of the owner is due to unique circumstances affecting the property which is the subject of the application and not due to general conditions in the neighborhood.

(c) The use to be authorized by the variance will not alter the essential character of the locality.

(d) The use to be authorized by the variance is in reasonable harmony with the intent of this chapter.

(e) The unnecessary hardship claimed as a ground for the variance has not been created by the owner or by the predecessor in title; mere purchase of the land subject to the restrictions sought to be varied shall not constitute a self-created hardship.

(f) Within the intent and purposes of this chapter, the variance, if granted, is the minimum variance necessary to afford relief. To this end, the Zoning Board of Appeals may permit a lesser variance than that for which application is made.

D. Special permits.

(1) In addition to such powers as may be conferred on it by statute, the Zoning Board of Appeals shall have the power, on application and after public notice and hearing, to issue special permits for any of the uses specified in Use Table, Column 3, subject to the additional requirements and conditions therein or enumerated in Column 9.[2] In issuing such special permit, the Zoning Board of Appeals shall take into consideration the public health, safety and welfare and the comfort and convenience of the public in general and of the residents of the immediate neighborhood in particular. The Zoning Board of Appeals may prescribe such appropriate conditions and safeguards as may be required in order that the result of its action shall, to the maximum extent possible, further the expressed intent of this chapter.

[2] Editor's Note: The Tables of General Use Requirements are included at the end of this chapter.

(2) The Zoning Board of Appeals may require that the granting of a special permit be conditioned upon, but not limited to, the following:

(a) Periodic renewal (after a public notice and public hearing).

(b) Specific time limit, at the end of which it automatically expires.

(c) Any conditions which the Board considers appropriate.

(3) Any use for which a special permit may be granted shall be deemed to be a conforming use in the district in which such use is located, provided that such special permit shall affect only the lot or portion thereof for which such special permit shall have been granted.

(4) Special permits shall be deemed to be indefinite authorization unless otherwise specified in the approval thereof. Such period may be extended on separate application to the Zoning Board of Appeals.

E. General powers. The Zoning Board of Appeals shall have the power to grant any extension or modification as provided in this chapter. The enumeration of these specific powers is not intended to exclude thereby any other power set forth in the State of New York Town Law or this chapter.

§ 167-79 Public hearing; decision.

A. General procedure. The procedure for conducting a public hearing before the Zoning Board of Appeals is:

(1) The applicant shall follow all requirements in § 167-77.

(2) The Zoning Board of Appeals shall publish a legal notice of public hearing in the official newspaper of the Town of Haverstraw at least five days prior to the hearing date, and the applicant shall bear the cost of the publication of such notice of public hearing. The applicant shall submit proof that he has met the requirements of the affidavit of public notice, which proof shall include certified mail receipt and affidavit of mailing.

(3) The Zoning Board of Appeals shall refer to the Rockland County Commissioner of Planning for his review and recommendation all matters within the purview of Article 12-B, §§ 239-l and 239-m, of the General Municipal Law. The Rockland County Commissioner of Planning shall render his recommendation within 30 days of referral or within an extended time period if granted by the Zoning Board of Appeals.

(4) The applicant must give notice to owners of property adjacent to the applicant's property. The applicant shall mail notices of the public hearing at least five days prior to the date of the public hearing to said owners by certified mail and shall submit proof to the Zoning Board of Appeals that he has met the requirements of the affidavit of public notice, which proof shall include certified mail receipt and affidavit of mailing.

[Amended 7-8-1991 by L.L. No. 3-1991]

(5) The Zoning Board of Appeals may refer any application to such engineering, planning, technical or environmental consultants as the Board may deem reasonably necessary to enable it to review the application.

(6) The applicant shall reimburse the Town for the use of the Town's facilities, processing, staff and consultant's services in accordance with the Standard Schedule of Fees as adopted by the Town Board and periodically amended.

B. Every decision of said Zoning Board of Appeals shall be by resolution which shall be filed in the office of the Town Clerk within five business days of the date of the resolution, and a copy of such resolution shall be mailed to the applicant.

[Amended 8-13-2012 by L.L. No. 3-2012]

C. Building permit or certificate of occupancy. The Zoning Board of Appeals, after a public hearing, shall have the power to direct the Building Inspector to issue a building permit, certificate of occupancy or certificate of use, as the case may be, subject to all applicable laws, codes, rules and regulations.

§ 167-80 Appeals.

Any person aggrieved by any decision of the Zoning Board of Appeals hereunder may appeal, within 30 days of the filing of the decision with the office of the Town Clerk, pursuant to Article 78 of the New York State Civil Practice Law and Rules.

§ 167-80.1 Attendance requirements.

[Added 1-27-2003 by L.L. No. 1-2003]

A. Minimum attendance requirements. Members of the Zoning Board of Appeals shall be required to attend 75% of all regularly scheduled meetings and special meetings that are conducted in each calendar year.

B. Removal for nonattendance. In the event that a member does not attend 75% of all the regularly scheduled meetings and special meetings set forth in Subsection A hereinabove, the Town Board shall have the full discretion and authority to decide whether or not to remove a member from the Zoning Board of Appeals. The Town Board shall consider whatever factors it believes to be relevant in making this determination, including the reasons for the absences, but the Town Board shall not be required to accept any excuse or reason for nonattendance, as it sees fit. The Town Board shall not be required to hold a public hearing prior to taking any action to remove a member.