[Amended 8-15-1984 by L. L. No. 6-1984]
A. The Board of Appeals heretofore established is continued, except
that the Board shall consist of five members, including the members
in office on the effective date of this section, and two additional
members appointed by the Board of Trustees. The two additional members
so appointed shall be appointed for terms ending at the end of the
official year in 1988 and 1989, respectively. Upon the expiration
of any term, the successor member shall be appointed for a term of
five years so that the term of one Board member shall expire each
year.
B. The members of the Board of Appeals shall serve without compensation.
C. Except as otherwise provided in this chapter, the provisions of Village
Law § 7-712 shall govern with respect to the organization,
powers and duties of the Board of Appeals.
[Amended 8-15-1984 by L.L. No. 6-1984; 11-15-2000 by L.L. No.
1-2000]
The Board of Trustees may, from time to time, adopt, amend or
repeal rules and procedures for the manner of filing appeals and applications
for variances or permits and for acting upon the same. The existing
rules and procedures shall be continued until amended or repealed.
[Amended 3-21-1990 by L.L. No. 3-1990]
Upon filing the application, the applicant shall pay the fee
established by resolution of the Board of Trustees and included in
a schedule on file in the office of the Village Clerk.
Where there are practical difficulties or unnecessary hardship
in the way of carrying out the strict letter of this chapter, the
Board of Appeals shall have the power, in passing upon applications,
to vary or modify the application of any of the previsions or regulations
of this chapter relating to the use, construction or alteration of
buildings or structures or the use of land so that the spirit of the
chapter shall be observed, public safety and welfare secured and substantial
justice done.
In addition to the powers prescribed in §
151-38 and the powers granted to the Board of Appeals by the Village Law, the Board shall have the following discretionary powers:
A. To establish appropriate requirements, in conformity with the general
purposes and intent of this chapter, for irregular lots or lots of
less than the required area or depth in any district existing at the
effective date of this chapter.
B. To grant temporary and conditional permits of limited duration for
nonconforming uses and buildings in undeveloped regions.
C. To determine and establish the true location of district boundaries
in any disputed case.
D. Where a district boundary line divides a lot in single ownership
at the date of the adoption of this chapter, to permit a use authorized
on the less highly restricted portion of said lot to be extended into
the more highly restricted portion of such lot.
E. To permit the extension or enlargement of a nonconforming use or
building existing at the date of the enactment of this chapter.
F. To permit any public utility in a restricted district if the Board
is satisfied that public convenience and necessity requires it.
G. Where the street layout actually on the ground varies from the street
layout as shown on the Building Zone Map, to apply the use and other
regulations to the ground in such a way as to carry out the intent
and purpose of the map for such particular area.
H. To determine, in the case of an irregular lot or in a disputed case,
the identity of the front, rear or side of a building and the location
of the front yard, the rear yard or the side yards thereof.
I. To grant a permit wherever it is provided in this chapter that the
approval of the Board of Appeals is required.
J. To exercise the powers conferred upon it, directly or by implication,
by this or any other chapter.
In granting permits, approvals and special exceptions and in exercising the powers conferred upon the Board of Appeals by §§
151-38 and
151-39, the Board of Appeals shall be governed by the following conditions, limitations and standards:
A. No person shall be entitled as a matter of right to a variance, permit,
approval or other favorable action by the Board of Appeals.
B. The Board of Appeals is not required to exercise in favor of the
applicant the discretionary powers conferred upon it by this chapter,
and if the Board of Appeals should refuse to exercise such powers,
the applicant shall comply with the provisions of this chapter that
control in the absence of such variance, special exception, permit
or approval by the Board of Appeals.
C. The Board of Appeals is not required to grant relief unless practical
difficulties or unnecessary hardships are present.
D. For the purpose of this section §§
151-38 and
151-39, the objective of the zoning regulations is:
(1) To confine multiple dwellings in the portion of the Village that
adjoins Middle Neck Road to the depth provided for the Residence D-1
Subdistrict;
(2) To permit the area in the Residence D-2 Subdistrict to be used for
specified purposes related to multiple dwellings in the Residence
D-1 Subdistrict in such a way as not to adversely affect the part
of the Village zoned for one-family use; and
(3) To preserve and permit the development of the rest of the Village
as an area of one-family homes for year-round occupancy on well-planted
and landscaped sites.
E. No action shall be taken by the Board of Appeals, the effect of which, in the judgment of the Board, would impair or tend to impair the value or character or desirability of properties in the Village for the purposes stated in Subsection
D, or which would permit or tend to permit the introduction into the Village of a type of development not established in the Village at the date of the adoption of this chapter.
F. In granting relief, the Board of Appeals may impose conditions which
in its judgment will tend to carry out the purpose of this section,
including, but not limited to, determining the location of the proposed
structure or the landscaping thereof and requiring a larger size of
lot or smaller building area or larger front, rear or side yards than
required by this chapter for the district in which the lot is situated.
G. In case conditions are imposed, the Board may require the applicant
to furnish the bond of a surety company satisfactory to the Board
in an amount fixed by the Board to assure the performance of such
conditions.
H. Every variance and conditional or special exception use permit granted
by the Board of Appeals pursuant to the provisions of this chapter
shall become null, void and of no further force and effect unless,
within one year after the decision granting said variance or use permit
is filed in the office of the Village Clerk, a building permit is
issued. The Board of Trustees, in its sole discretion, may grant extensions
of the time in which to obtain a permit.
[Amended 5-19-2004 by L.L. No. 4-2004; 3-17-2010 by L.L. No.
2-2010]