The Board of Appeals, containing five members, as heretofore
established by the Village Board pursuant to § 7-712 of
the Village Law of the State of New York, is hereby maintained. The
present Chairman and Vice Chairman shall continue to the end of the
period for which they were appointed. The Chairman shall be appointed
by the Mayor, and the Vice Chairman shall be appointed by the Chairman.
[Added 9-25-1996 by L.L. No. 7-1996; amended 1-15-2004 by L.L. No.
2-2004]
The Mayor, subject to confirmation by the Board of Trustees,
may appoint two alternate members to the Zoning Board of Appeals to
serve as provided for in this section. Such alternate members shall
be appointed for a two-year term of office. The Chairman of the Zoning
Board of Appeals shall assign such alternate member(s) as necessary
when the absence of regular members of said Board or the conflict
of interest of regular members of said Board would otherwise prevent
five members of said Board from considering any pending matter. Once
designated to serve on a particular matter before the Board, the alternate
member(s) shall have the same powers and duties as regular members
of the Board until the matter is concluded. Any determination of said
Board consisting of an alternate member shall have the same weight
and be entitled to the same authority as the act or deed of the regular
Zoning Board of Appeals, and all laws, statutes and regulations shall
apply and be applied with equal force and effect. Such alternate members
appointed pursuant to this section shall be paid for his or her respective
services as fixed by resolution of the Board of Trustees.
Meetings shall be held at the call of the Chairman and at such
other times as the Board of Appeals may determine. The Chairman may
appoint a Vice Chairman. The Board of Appeals may adopt rules and
regulations governing its procedures. The presence of three members
of the Board of Appeals shall be necessary for a quorum. The concurring
vote of three members shall be necessary to grant any variance of
this Zoning Law, to reverse any order, requirement, decision or determination
appealed from or to decide in favor of the applicant any matter before
the Board of Appeals. The Board shall keep minutes of its proceedings,
showing the vote of each member on every question or, if any member
is absent or fails to vote, indicating that fact, and shall also keep
records of its examinations and other official actions. Every rule,
determination, regulation, amendment or appeal thereof and every order,
requirement and decision of the Board of Appeals shall be filed in
the office of the Village Clerk.
A.
General. The Board of Appeals shall have all of the powers and duties
prescribed by the Village Law and by this Zoning Law, which powers
and duties are summarized and more particularly specified in the following,
provided that none of the following sections shall be deemed to limit
any of the powers of the Board of Appeals that are conferred by the
Village Law. In passing upon any matter before it, the Board of Appeals
shall take into specific consideration the goals of this Zoning Law
and the recommendations of the Village Comprehensive Plan.
B.
Rules and regulations. The Board of Appeals may adopt such rules
and regulations as are necessary or proper to the performance of its
powers and duties hereunder and may amend or repeal the same.
C.
Nonconforming uses. The Board of Appeals is authorized to extend the permitted period for cessation of a nonconforming use in accordance with the requirements of § 266-14B(5) of this Zoning Law; to review and approve, approve with modifications or disapprove a plan for reconstruction of a nonconforming building in accordance with the requirements of § 266-14D(2) of this Zoning Law; to permit the change of a nonconforming use to another nonconforming use in accordance with § 266-14E of this Zoning Law; and to review and approve, approve with modifications or disapprove a plan for the improvement of a nonconforming use in accordance with § 266-14F of this Zoning Law.
D.
Variances.
(1)
On appeal from an order, requirement, decision or determination made
by an administrative official charged with the enforcement of this
Zoning Law or on referral of an applicant to the Board of Appeals
by an approving agency acting pursuant to this Zoning Law, the Board
of Appeals is authorized to vary or modify the strict letter of this
Zoning Law where its literal interpretation would cause practical
difficulties or unnecessary hardships in such manner as to observe
the spirit of the law, secure public safety and welfare and do substantial
justice.
(2)
In adopting the provision of § 266-54D(3) which provides that the Board of Appeals shall have the power to grant use variances authorizing the use of land which would otherwise not be allowed or would be prohibited by the terms of this Zoning Law except for any prohibited use listed in § 266-14I, the Board of Trustees hereby exercises its authority pursuant to §§ 10(1)(ii)(e), to amend the application of the provisions of § 7-712-b, Subdivision 2, of the Village Law to it in providing that the Zoning Board of Appeals does not have the jurisdiction or authority to grant a use variance to permit a use specifically prohibited by § 266-14I of this Zoning Law.
(3)
Use variances.
(a)
The Board of Appeals shall have the power to grant use variances
authorizing the use of land which would otherwise not be allowed or
would be prohibited by the terms of this Zoning Law except for any
prohibited use listed in § 266-14I. No such use variance
shall be granted by the Board of Appeals without a showing by the
applicant that applicable zoning regulations and restrictions have
caused unnecessary hardship. In order to prove unnecessary hardship,
the applicant shall demonstrate to the Board of Appeals that:
[1]
The applicant cannot realize a reasonable return, provided that
the lack of return is substantial as demonstrated by competent financial
evidence.
[Amended 9-25-1996 by L.L. No. 6-1996]
[2]
The alleged hardship relating to the property in question is
unique and does not apply to a substantial portion of the district
or neighborhood in which it is located.
[3]
The requested use variance, if granted, will not alter the essential
character of the neighborhood.
[4]
The alleged hardship has not been self-created.
(b)
The Board of Appeals, in granting of such 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.
(4)
Area variances.
(a)
Where, because of practical difficulty, an applicant requests
a variance of the lot area or other bulk requirements of this Zoning
Law, the Board of Appeals may grant a variance in the application
of the provisions of this Zoning Law in the specific case, provided
that as a condition to the grant of any such variance, the Board of
Appeals shall make a specific finding that the application of the
requirements of this Zoning Law to the land in question creates such
practical difficulty. In making this determination, the Zoning 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 public welfare of the neighborhood or community
by such grant. In making such determination, the Board of Appeals
shall consider:
[1]
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.
[2]
Whether the benefit sought by the applicant can be achieved
by some method, feasible for the applicant to pursue, other than an
area variance.
[3]
Whether the requested area variance is substantial.
[4]
Whether the proposed variance will have an adverse effect or
impact on the physical or environmental conditions in the neighborhood
or district.
[5]
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 such variance.
(b)
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.
E.
Interpretations. On appeal from an order, requirement, decision or
determination made by an administrative official charged with the
enforcement of this Zoning Law or on request from any official, agency
or Board of the Village, the Board of Appeals is authorized to decide
any question involving the interpretation of any provision of this
Zoning Law. Interpretations shall be made in accordance with the intent
of the particular provision being interpreted.
F.
Conditions and safeguards. The Board of Appeals may prescribe such
conditions or restrictions applying to the grant of a variance as
it may deem necessary in each specific case, in order to minimize
the adverse effects of such variance upon other property in the neighborhood
and to protect the public health, safety and welfare. Such conditions
or restrictions shall be incorporated in the site or subdivision plan,
building permit, certificate of occupancy and certificate of use.
Failure to comply with such conditions or restrictions shall constitute
a violation of this Zoning Law and may constitute the basis for denial
or revocation of a building permit, certificate of occupancy or certificate
of use and for all other applicable remedies. Where required, the
Zoning Board of Appeals may set a terminal date for such variance.
A.
Appeal or application. An appeal shall be taken within 60 days of
the order or decision appealed from. A notice of appeal shall be filed
with the official or agency from whom the appeal is taken and with
the Board of Appeals and shall specify the grounds therefor. The official
or agency from whom the appeal is taken shall forthwith transmit to
the Board of Appeals all the papers constituting the record upon which
the action appealed from is taken. A referral to the Board of Appeals
for a variance or a request for an interpretation may be made at any
time. All such appeals and applications to the Board of Appeals shall
be made by the owner or agent duly authorized, in writing, and shall
be on forms prescribed by the Board of Appeals. Each appeal or application
shall fully set forth the circumstances of the case, shall refer to
the specific provision of the Zoning Law involved and shall exactly
set forth, as the case may be, the interpretation that is claimed,
the details of the adjustment that is applied for and the grounds
for which it is claimed that the same should be granted.
B.
Review by other agencies.
(1)
Upon receipt of a completed appeal or application, the Board of Appeals
shall forward copies for review and report to such officials and agencies
of the Village as it deems appropriate. All such agencies shall have
30 days from the date of forwarding to submit a report. The Board
of Appeals shall not decide on the matter until it has received the
report of the agency or 30 days have passed since such forwarding.
(2)
The Board of Appeals shall refer to the Rockland County Commissioner
of Planning for its recommendation all matters within the provisions
of §§ 239-l and 239-m of the General Municipal Law
which includes real property lying within 500 feet from the boundary
of any City, Village or Town; or from the boundary of any existing
or proposed County or state park or other recreation area; or from
the right-of-way of any existing or proposed County or state parkway,
thruway, expressway, road or highway; or from the existing or proposed
right-of-way of any stream or drainage channel owned by the County
or for which the County has established channel lines; or from the
existing or proposed boundary of any County or state owned land on
which a public building or institution is situated. The Rockland County
Commissioner of Planning shall render a decision within 30 days of
referral or within an extended period if agreed upon. If the Rockland
County Commissioner of Planning fails to report within such period
of 30 days or such longer period as has been agreed upon, the Board
of Appeals may act without such report. If the Rockland County Commissioner
of Planning disapproves the proposal or recommends modifications thereof,
the Board of Appeals shall not act contrary to such disapproval or
recommendation except by a vote of a majority plus one of all members
thereof and after the adoption of a resolution fully setting forth
the reasons for such contrary action. Within seven days after adoption
of the minutes regarding such action by the Board of Appeals, a report
shall be filed with the Rockland County Commissioner of Planning.
C.
Public hearing. The Board of Appeals shall conduct a public hearing
on any appeal, application or request made pursuant to this Zoning
Law.
D.
Notice of hearing.
(1)
Notice of the hearing shall be published in the official newspaper
at least 10 days prior to the date of such hearing. Notice shall also
be sent 10 days prior to the date of such hearing to all property
owners within 500 feet of the perimeter of the property by regular
mail. The applicant shall cause signs to be posted on such property
on each street frontage indicating the date and purpose of such hearing
and in a manner prescribed by the Board of Appeals. The costs of all
such notices shall be paid by the applicant.
[Amended 8-15-1994 by L.L. No. 9-1994]
(2)
At least five days before such public hearing, the Board of Appeals shall mail notices thereof to the parties, to the regional state park commission having jurisdiction over any state park or parkway within 500 feet of the property affected by such appeal and to the Rockland County Commissioner of Planning as required in § 266-55B(2) of this Zoning Law, which notice shall be accompanied by a full statement of the matter under consideration.
E.
Action. Every decision of the Board of Appeals shall be by resolution,
shall be recorded and shall fully set forth the facts of the case,
the findings and the conclusions on which the decision was based.
The Board of Appeals shall decide on matters before it within 62 days
after the close of the public hearing and, unless such time limit
is extended by mutual agreement with the applicant, shall file its
resolution in the offices of the Board of Appeals and the Village
Clerk within five business days after the date a decision is rendered
and shall thereafter mail a copy of such resolution to the applicant.
A.
In adopting the provisions of this section, the Board of Trustees
hereby exercises its authority pursuant to §§ 10(1)(ii)(e),
to amend the application of § 7-712-b of the Village Law
to it in providing that an area or use variance shall automatically
expire if substantial construction is not commenced within one year
or such other time limit as may be chosen by the Zoning Board of Appeals.
B.
A variance granted under this Zoning Law shall automatically expire
if substantial construction, in accordance with the plans for which
such variance was granted, has not been completed within one year
or such other time limit as may be chosen by the Board of Appeals
in connection with its decision, from the date of granting such variance
by the Board of Appeals, or, if judicial proceedings to review the
Board's decision shall be instituted, from the date of entry of the
final order in such proceedings, including all appeals.
Every application or appeal to the Board of Appeals shall be
subject to a fee as set forth in the Fee Schedule of the Village of
Suffern.[1]
Any person or persons, jointly or severally aggrieved by any
decision of the Board of Appeals, may apply to the Supreme Court for
a review by a proceeding under Article 78 of the Civil Practice Laws
and Rules. Such proceeding shall be instituted within 30 days after
the filing of a decision of the Board in the office of the Village
Clerk.
