A.
There shall be a Board of Appeals of five members pursuant to the
provisions of § 7-712 of the Village Law.
B.
Every member of the Board of Appeals, at the time of his appointment
and throughout his term of office, shall be a resident of the Village.
C.
Vacancies shall be filled by appointment by the Village Board for
the unexpired term.
D.
The Board shall elect its own Chairman and Vice Chairman from its
membership and employ a secretary or clerk, who is not a member of
the Board, at a salary to be fixed by the Village Board.
The powers and duties of the Board of Appeals shall be as follows:
A.
Interpretation. On appeal from an order, requirement, decision or
determination made by an administrative official or on request by
an official, board or agency of the Village, to decide any of the
following questions:
B.
Variances.
(1)
To authorize, upon appeal in specific cases, such variance from the
terms of this chapter as will not be contrary to the public interest
where, owing to exceptional and extraordinary circumstances, there
are practical difficulties or unnecessary hardships in the way of
carrying out the strict letter of this chapter, subject to terms and
conditions to be fixed by the Board of Appeals; provided, however,
that no such variance shall be granted unless said Board finds:
(a)
That there are physical conditions, such as in the case of an
exceptionally irregular, narrow, shallow or steep lot, fully described
in the findings of said Board, applying to the land or building for
which the variance is sought, which conditions are peculiar to such
land or building and have not resulted from any act of the applicant
or any prior owner;
(b)
That, for reasons fully set forth in the findings of said Board,
the aforesaid circumstances or conditions are such that the strict
application of the provisions of this chapter would deprive the applicant
of the reasonable use of such land or building, and the granting of
the variance is necessary for the reasonable use of the land or building,
and that the variance as granted by said Board is the minimum variance
that will accomplish this purpose; and
(c)
That the granting of the variance, under such conditions as
said Board may deem necessary or desirable to apply thereto, will
be in harmony with the general purpose and intent of this chapter,
will not represent a radical departure therefrom, will not be injurious
to the neighborhood, will not change the character thereof and will
not be otherwise detrimental to the public welfare.
(2)
The needs or desires of a particular owner or tenant or of a particular
prospective owner or tenant shall not, either alone or in conjunction
with other factors, afford any basis for the granting of a variance.
The fact that the improvements already existing at the time of the
application are old, obsolete, outmoded or in disrepair or the fact
that the property is then unimproved shall not be deemed to make the
plight of the property unique or to contribute thereto.
(3)
Where said Board finds the zoning classification of a particular
property to be conducive to the deprivation of the reasonable use
of the land or buildings and where said Board finds the same condition
to apply generally to other lands or buildings in the same neighborhood
or zoning district, said Board shall call this condition to the attention
of the Planning Board and Village Board.
(4)
In all cases where the Board of Appeals grants a variance from the
strict application of the requirements of this chapter, it shall be
the duty of such Board to attach such conditions and safeguards as
may be required in order that the result of its action may be as nearly
as possible in accordance with the spirit and intent of this chapter.
C.
Temporary certificate of occupancy.
(1)
To authorize, upon denial by the Code Enforcement Officer of a certificate
of occupancy, the issuance of a temporary certificate of occupancy
by the Code Enforcement Officer for a period not to exceed 90 days,
for the completion of any alterations that are required under the
provision of any law or ordinance or for the completion of a part
of an uncompleted building, provided that the Board finds that:
[Amended 11-28-1983 by L.L. No. 4-1983]
(a)
The denial of a certificate of occupancy prior to completion
of said alterations or of the building would cause unnecessary hardship;
and
(b)
The safety of the occupants of the building and of adjacent
buildings and land would be adequately assured under such terms and
conditions as said Board may prescribe.
(2)
Such temporary certificate shall not be construed as in any way altering
the respective rights, duties or obligations of the owner or of the
Village respective to the use or occupancy of the land or building
or any other matter covered by this chapter.
A.
Notice of public hearing.
[Amended 2-24-1997 by L.L. No. 1-1997]
(1)
The Board of Appeals shall not decide upon any appeal for a variance
or interpretation of this chapter without first holding a public hearing,
notice of which hearing and of the substance of the appeal or application
shall be given by publication in the official newspaper of the Village
at least five days before the date of such hearing. In addition to
this published notice and in accordance with the following procedure,
the applicant shall cause the public hearing notice to be mailed by
first class mail at least five days before the hearing to all owners
of properties which lie within 500 feet of any lot line of the property
for which relief is sought and to such other owners as the Board of
Appeals may deem advisable. The names of said owners shall be taken
as they appear on the last completed tax roll of the Village.
(2)
At least eight days prior to the scheduled date of the public hearing,
the applicant shall deliver copies of the notice in unsealed envelopes
properly addressed to each property owner entitled to notice with
prepaid postage affixed. The return address on each envelope shall
be "Village Clerk, 325 Hudson Street, Cornwall-on-Hudson, NY 12520."
The Village Clerk shall cause the envelopes to be deposited with an
official depository of the United States Postal Service.
(3)
At least eight days prior to the scheduled date of the public hearing,
the applicant shall cause to be posted a notice of the pendency of
an application before the Board of Appeals on the property subject
to the application. Such posting shall include the date, time and
place of the hearing, and any adjourned date thereof, and shall be
near the public right-of-way so as to be visible and legible from
the street or sidewalk.
[Added 10-15-2007 by L.L. No. 4-2007[1]]
[1]
Editor's Note: This local law also provided for the redesignation
of former Subsection A(3) as Subsection A(4).
(4)
Provided that due notice shall have been published in the official
paper of the Village and that there shall have been substantial compliance
with the additional mailing requirements of this section, the failure
to give notice in exact conformance herewith shall not be deemed to
invalidate action taken by the Board of Appeals in connection with
the granting of any appeal or variance.
B.
All appeals and applications made to the Board of Appeals shall be
in writing and shall be accompanied by a fee. The amount of this fee
shall be prescribed by a schedule established by the Board of Trustees.
The applicant shall pay all the necessary costs of advertising and
of holding a public hearing.
[Amended 11-17-1986 by L.L. No. 2-1986]
C.
Each appeal or application shall fully set forth the circumstances
of the case, shall refer to the specific provision of this chapter
involved and shall exactly set forth, as the case may be, the interpretation
that is claimed, the details of the variance that is applied for and
the grounds on which it is claimed that the same should be granted.
D.
Should any appeal involve either of the two following conditions,
the Secretary of the Board of Appeals shall transmit to the designated
office or official a copy of the official notice of the public hearing
not later than 10 days prior to the date of the hearing. Such application,
accompanied by the notice of the public hearing, shall be forwarded
to the Orange County Planning Department by the Village Clerk for
review in accordance with the provisions of Subdivisions 1 and m of
§ 239, Article 12-B, of the General Municipal Law of the
State of New York at least 10 days prior to the public hearing.
(1)
Any change in the boundaries of any district, which change would
occur within a distance of 500 feet of the boundary of any Village
or town.
(2)
If the land involved in an appeal lies within 500 feet of any:
(a)
Municipal boundary.
(b)
Existing or proposed county or state park or other recreation
area.
(c)
Right-of-way of any existing or proposed county or state parkway,
thruway, expressway, road or highway.
(d)
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.
(e)
Existing or proposed boundary of any county- or state-owned
land on which a public building or institution is situated.
E.
Prior to the date of any public hearing, the Secretary of the Board
of Appeals shall transmit to the Chairman of the Planning Board, or
Secretary, a copy of any appeal or application, together with a copy
of the notice of such hearing. The Planning Board may submit to the
Board of Appeals an advisory opinion on said appeal or application
at any time prior to the rendering of a decision by the Board of Appeals.
F.
All of the provisions of this chapter relating to the Board of Appeals
shall be strictly construed. Said Board, as a body of limited jurisdiction,
shall act in full conformity with all provisions of law and of this
chapter in compliance with all limitations contained therein.
G.
Unless construction is commenced and diligently pursued within 12
months of the date of the granting of the application, the application
shall become null and void.
H.
Every decision of the Board of Appeals shall be recorded in accordance
with standard forms adopted by the Board, shall fully set forth the
circumstances of the case and shall contain a full record of the findings
on which the decision is based. Every decision of said Board shall
be by resolution, and each such resolution shall be filed in the office
of the Village Clerk, by case number, under one of the following headings;
"Interpretation" or "Variances," together with all documents pertaining
thereto. Regarding its decision in each case, the Board of Appeals
shall notify the Code Enforcement Officer, Village Board, Village
Planning Board and any designated official of any affected municipality
or agency given notice of hearing as set forth above.
[Amended 11-28-1983 by L.L. No. 4-1983]
I.
When an appeal to the Zoning Board of Appeals has been duly processed
and denied upon a vote by at least four members of the Board, said
appeal shall not be eligible for reconsideration or rehearing for
a six-month period following such denial, except that an application
based on new facts or new considerations substantially different from
those in the denied application may be eligible for reconsideration
or rehearing within six months of the date of the denial of the original
appeal.
