A.
The Village Board of Zoning Appeals, consisting of five members,
was duly constituted and organized by the Village of West Hampton
Dunes on or about June 1, 1995, and the same shall continue in existence,
and the members thereof and their terms of office shall continue as
heretofore established. The method of appointment, terms of office
and tenure of its members shall be as prescribed by law.
B.
The Board shall have all the powers and duties prescribed by law
and by this chapter.
C.
The Board shall appoint a Secretary and shall prescribe rules for
the conduct of its affairs.
D.
All meetings of the Board of Appeals shall be open to the public.
A quorum shall consist of three members.
E.
Every decision by the Board shall be by resolution and shall contain
a full record of the findings of the Board in the particular case.
A.
Applications for any action by the Board of Appeals shall be submitted
in the form required by the Board and filed in its office.
B.
Notice of the public hearing or, in the case of a minor variance,
a notice of complete application and a description of the applicant's
proposal shall be transmitted to the Suffolk County Planning Commission
in any case where the land involved in an application is within 500
feet of:
(1)
The boundary of any other municipality.
(2)
Any state or county park or other recreation area.
(3)
The right-of-way of any federal, state or county parkway, thruway,
expressway or other controlled- or full-access highway.
(4)
The right-of-way of any stream or drainage channel owned by the county
or for which the county has established channel lines.
(5)
The boundary of any state- or county-owned land on which a public
building or institution is situated.
C.
No action shall be taken on applications referred to the Suffolk
County Planning Commission until the Department's recommendation
has been received or 45 days have elapsed after the Department has
received the full statement on the applicant's proposal, or the
Suffolk County Planning Commission issues a letter of local determination,
whichever is sooner.
[Amended 4-13-2015 by L.L. No. 2-2015]
D.
A record shall be established of all variances granted pursuant to
action of the Board of Appeals under this chapter. Each case shall
be identified by a sequential numbering system and alphabetically
by the applicant's name. Said files shall be available for public
inspection.
E.
The Board shall keep minutes of its proceedings showing the vote
of each member upon every question or, if absent or failing to vote,
indicating such fact. The Board shall keep records of its examinations
and official actions, all of which shall be filed in the Village Clerk's
office and shall be a public record. The Board may at its option have
a stenographic record made of all public hearings and proceedings
of the Board regarding an application, and the applicant or applicants
for which a hearing or meeting is held or application is reviewed
shall be responsible for the cost to the Board of the stenographic
records.
[Amended 4-13-2015 by L.L. No. 2-2015]
F.
Variances granted by the Board of Appeals shall run with the land
and be transferable unless the decision contains an expiration date
imposed as a condition which is reasonably related to the relief granted
by the Board of Appeals. Any such expiration date may be extended
by the Board of Appeals without a further public hearing where good
cause is shown.
G.
The fees for applications to the Board of Appeals shall be as follows:
[Amended 4-13-2015 by L.L. No. 2-2015]
(2)
Interpretations; reviews of determinations by the Department of Building
and Zoning or other administrative officials charged with the enforcement
of any ordinance or local law: $300.
(3)
Modifications of decisions: $250.
(4)
Postponement of a public hearing, where the applicant has received
notice of the hearing date and requests a postponement: $100.
(5)
Consulting and professional fees: Each applicant shall be responsible
to the Village of West Hampton Dunes for all professional and consulting
fees incurred by the Board or the Village as a result of the application.
H.
The Board shall fix a time and place for a public hearing thereon
and shall provide for the giving of notice at least five days prior
to the date thereof, as follows:
[Amended 4-13-2015 by L.L. No. 2-2015]
(1)
By publishing a notice in the official newspaper.
(2)
By requiring the applicant to erect a white-and-black-lettering sign
or signs measuring not less than two feet long and one foot wide,
which shall be prominently displayed on the premises facing each public
street on which the property abuts, giving notice that an application
for an appeal is pending and the date, time and place where the public
hearing will be held. The sign shall not be set back more than 10
feet from the street line and shall not be less than two nor more
than six feet above the grade at the street line. The sign shall be
made of durable material and shall be furnished by the Board of Appeals.
It shall be displayed for a period of not less than five days immediately
preceding the public hearing date. No additional posting shall be
required for any adjournment date. The applicant shall file an affidavit
that he/she has complied with the provisions of this section.
(3)
If the land involved in an application is within 500 feet of the
boundary of any other municipality, notice of the public hearing shall
also be mailed to the Municipal Clerk of such other municipality.
(4)
By requiring the applicant to mail written notice of the date, time
and place of the hearing, together with a copy of the application
and survey submitted to the Board, by certified mail, return receipt
requested, to every property owner, as shown on the current Village
of West Hampton Dunes assessment rolls, of parcels abutting and directly
opposite (by extension of lot lines through a street or right-of-way)
of the property which is the subject of the application, proof of
which shall be submitted to the Board of Appeals on or before the
commencement of the public hearing in the form of an affidavit with
postal receipts annexed thereto confirming mailing of said notices
at least five days prior to the hearing date.
I.
The Board of Appeals may, upon request by the applicant or upon its
own motion, waive the requirement for a public hearing upon an application
for a minor variance and, if the hearing is waived, proceed as follows:
(1)
The Board shall, within 30 days of receipt of a complete application
for a minor variance, fix a time and place for the receipt of written
comments on the application, designated as the "comment period." The
Board shall provide for the giving of notice at least 10 days prior
to the end of the comment period, as follows:
(a)
By publishing a notice of complete application in the official
newspaper stating the final date and place for the submission of written
comments on the application.
(b)
By requiring the applicant to erect a white-and-black-lettering
sign or signs measuring not less than two feet long and one foot wide,
which shall be prominently displayed on the premises facing each public
street on which the property abuts, giving notice that an application
for a minor variance is pending, the final date and the place for
the submission of public comments. The sign shall not be set back
more than 10 feet from the street line and shall not be less than
two nor more than six feet above the grade at the street line. The
sign shall be made of durable material and shall be furnished by the
Board of Appeals. It shall be displayed for a period of not less than
10 days immediately preceding the last day for the submission of public
comments. The applicant shall file an affidavit that he has complied
with the provisions of this section.
(c)
If the land involved in an application is within 500 feet of
the boundary of any other municipality, a notice of the application
shall also be mailed to the municipal clerk of such other municipality.
(d)
By requiring the applicant to mail a notice of application which
shall indicate the final date and the place for the submission of
comments with a copy of the application and survey submitted to the
Board, by certified mail, return receipt requested, to every property
owner, as shown on the current Village of West Hampton Dunes assessment
rolls, of parcels abutting and directly opposite (by extension of
lot lines through a street or right-of-way) of the property which
is the subject of the application, proof of which shall be submitted
to the Board of Appeals on or before the expiration of the public
comment period in the form of an affidavit with postal receipts annexed
thereto confirming mailing of said notices at least 10 days prior
to the expiration of the public comment period.
(2)
The Board of Appeals shall review all written comments received in
connection with any notice of application at its next regularly scheduled
meeting following the expiration of the comment period. If the Board
determines, based upon its review of the application and the comments
received in connection therewith, that a substantive issue has been
raised or that it is not prepared to find that the relief requested
should be granted in its entirety based upon the written record before
it, the Board shall schedule the matter for a public hearing.
(4)
If the Board decides to waive the requirement for a public hearing,
the Board shall proceed forthwith to render a determination and to
notify the applicant of its decision.
The Board of Appeals shall, upon appeal, hear and decide:
A.
Any matter where the applicant alleges that the Building Inspector
was in error in refusing to issue a building permit or certificate
of occupancy or a license for a place of public assembly for the specific
use requested by the applicant therefor as a result of misinterpreting
the meaning, intent or application of any section or part of this
chapter.
B.
Any matter where the appellant alleges that the Building Inspector
was in error in his determination as to the exact location of a district
boundary line on the Zoning Map that forms a part of this chapter.
C.
Any matter which the Building Inspector appeals on grounds of doubt
as to the meaning or intent of any provision of this chapter or as
to the location of a district boundary line on the Zoning Map.
A.
The Board of Appeals shall have the power by way of original jurisdiction
and in passing on appeals where there are practical difficulties or
unnecessary hardships in the way of carrying out the strict letter
of this chapter to vary or modify the application of the regulations
or provisions of this chapter.
B.
Guiding principles.
(1)
Every decision by the Board of Appeals granting a variance shall
clearly set forth the nature and extent of such variance.
(2)
Every variance granted by the Board of Appeals may be made subject to such conditions and safeguards as the Board shall deem to be applicable to the particular case. Violations of such conditions or safeguards that are a part of the Board's decision shall be deemed a violation of this chapter punishable under the provisions of § 560-61.
(3)
Any variance granted by the Board of Appeals pursuant to the provisions
of this section shall be construed to be a nonconforming use.
C.
General standards. For every such variance in the strict application
of any provision of this chapter, the Board of Appeals shall determine
that:
(1)
Strict application of this chapter would cause practical difficulties
or unnecessary hardships.
(2)
Such variance is the minimum variance that will relieve such practical
difficulties or unnecessary hardships.
(3)
Such variance is in the spirit of the general purposes and intent of this chapter as stated in § 560-3.
(4)
Such variance is so designated as to provide reasonable consideration
to, among other things, the character of the neighborhood or district,
the conservation of property values in the vicinity and the guidance
of building development.
(5)
Such variance does not involve substantial detriment to the public
welfare nor substantially impair the intent and purpose of the zone
plan and of this chapter.
In the instances of the following types of variances, the Board of Appeals is hereby specifically empowered to grant the variance pursuant to the guiding principles and the general standards stated in § 560-51B and C and to the provisions which follow.
A.
With respect to lots lying across district boundary lines, to grant
a permit, in appropriate cases, where the lot of the appellant, as
such lot existed on the effective date of this chapter, lies across
the boundary of two districts, for the extension into the more restrictive
district but for a distance not exceeding 50 feet measured at right
angles to such district boundary line.
B.
With respect to nonconforming uses, buildings, structures and lots:
(1)
To grant a permit for the extension of such a nonconforming use on
the same lot on which it was located or an increase in the degree
of nonconformity of a nonconforming building or structure on the lot
occupied by such building or structure, provided that:
(a)
In the case of a nonconforming use, such enlargement or extension
shall not exceed, in all, 50% of the floor area of such building or
structure actually devoted to such nonconforming use on the effective
date of this use having first become nonconforming. In the case of
a nonconforming building or structure, such enlargement or extension
shall not exceed, in all, 50% of the usable floor area of such building
or structure existing on the effective date of this building or structure
having become nonconforming.
(b)
All parking and truck-loading requirements are complied with.
(c)
There shall be no change in the nature or character of such
nonconforming use or of such building or structure.
(d)
The lot coverage and density shall not be greater than would
be permitted by the most restrictive lot coverage and density provisions
of this chapter applicable to a permitted use or special exception
use of the same nature or character. The term "density" includes,
among other things, the number of dwelling units allowed based on
the lot area, the number of guest units allowed based on the lot area,
and the number of uses allowed based on the lot area.
(2)
To grant a permit for the reconstruction, structural alteration,
restoration or repair of a building or structure used for a nonconforming
use to an extent not to exceed an aggregate 100% of the gross floor
area of such building or structure.
(3)
To grant a certificate of occupancy for a change in a nonconforming
use, provided that:
C.
With respect to yard requirements, to grant a variance modifying the yard requirements of a nonconforming lot which qualified under the terms of § 560-41D as to ownership, but where compliance with the dimensional provisions of this chapter is not feasible.
D.
With respect to fences, to grant a permit, in appropriate cases,
for a higher fence or wall than the maximum heights stipulated in
this chapter.
