A.
There shall be a Zoning Board of Appeals established in accordance
with the provisions of the Village Law of the State of New York. Said
Board shall consist of five members and two alternate members and
shall be appointed as provided by statute.
B.
Alternate members.
(1)
Appointment. Alternate members of the Zoning Board of Appeals
shall be appointed by the Mayor subject to the approval of the Board
of Trustees for a term of one year. A maximum of two alternate members
may be appointed. Each alternate member shall be designated as either
"First Alternate" or "Second Alternate," and each shall be called
upon to serve on a rotation basis when a member is absent or unable
to participate on an application or matter before the Board.
(2)
Notice. Alternate members shall be given notice of and shall
be encouraged to attend all meetings of such Board.
(3)
Designation. The Chairperson of the Zoning Board of Appeals
shall immediately designate an alternate to substitute for a member
when such member is unable to participate on an application or matter
before the Board. Alternates shall be designated in order of priority.
If an alternate member is not available to serve on a date when such
alternate member is called to serve, then the next alternate member
shall be called to serve. The alternate member not able to serve shall
next serve when that alternate's time comes around on the rotation.
When so designated, the alternate member shall possess all the powers
and responsibilities of such member of the Board. Such designation
shall be entered into the minutes of the initial Zoning Board of Appeals
meeting at which the substitution is made.
(4)
New York State law controlling. All provisions of state law
relating to Zoning Board of Appeals member eligibility, vacancy in
office, removal, compatibility of office and service on other boards,
as well as any education, compensation and attendance, shall also
apply to alternate members.
(5)
Supersession of Village law. This section is hereby adopted
pursuant to the provision of § 10 of the New York State
Municipal Home Rule Law. It is the intent of the Board of Trustees,
pursuant to § 10 of the New York State Municipal Home Rule
Law, to supersede the provisions of § 7-712 et seq. of the
Village Law relating to the appointment of members to the Village
Zoning Board of Appeals.
C.
The Zoning
Board of Appeals shall have the power and authority to appoint and
employ experts, clerks, and a secretary and to pay for their services,
and to provide for such other expenses as may be necessary and proper,
not exceeding in all the appropriation that may be made therefor by
the Village Board for such Zoning Board of Appeals.
[Added 4-15-2021 by L.L. No. 2-2021]
A.
General.
(1)
The Zoning Board of Appeals shall have all the powers and duties
prescribed by law and by this chapter, which are more particularly
specified as follows, provided that none of the following provisions
shall be deemed to limit any power of the Board conferred upon it
by law.
(2)
Interpretation. Upon appeal from a decision of a Code Enforcement
Officer, the Zoning Board of Appeals shall have the power to decide
any question involving the interpretation of any provision of this
chapter, including determination of the exact location of any district
boundary if there is uncertainty with respect thereto.
(3)
Nonconforming uses. The Zoning Board of Appeals shall have the
power to confirm the existence of a nonconforming use.
(4)
The Zoning Board of Appeals, on appeal from the decision or
determination of the Code Enforcement Officer charged with the enforcement
of this chapter, shall have the power to grant use and other area
variances, as defined herein.
(5)
The Zoning Board of Appeals shall, in the granting of both use
variances and area variances, have the authority to impose such reasonable
conditions and restrictions as are directly related to and incidental
to the proposed use of the property. Such conditions shall be consistent
with the spirit and intent of this chapter and shall be imposed for
the purpose of minimizing any adverse impact such variance may have
on the neighborhood or community.
B.
Use variances.
(1)
"Use variance" shall mean the authorization by the Zoning Board
of Appeals for the use of land for a purpose which is otherwise not
permitted or is prohibited by the applicable zoning regulations.
(2)
No such use variance shall be granted by the Zoning Board of
Appeals without a showing by the applicant that applicable zoning
regulations and restrictions have caused unnecessary hardship. In
order to prove such unnecessary hardship, the applicant shall demonstrate
to the Zoning Board of Appeals that for each and every permitted use
under the zoning regulations for the particular district where the
property is located:
(a)
The applicant cannot realize a reasonable return, provided that the
lack of return is substantial as demonstrated by competent financial
evidence;
(b)
That the alleged hardship relating to the property in question is
unique and does not apply to a substantial portion of the district
or neighborhood;
(c)
That the requested use variance, if granted, will not alter the essential
character of the neighborhood; and
(d)
That the alleged hardship has not been self-created.
(3)
The Zoning Board of Appeals, in the granting of use variances,
shall grant the minimum variance that it shall deem necessary and
adequate to address the unnecessary hardship demonstrated 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.
C.
Area variances.
(1)
"Area variance" shall mean the authorization by the Zoning Board
of Appeals for the use of land in a manner which is not permitted
or is prohibited by the dimensional or physical requirements of the
applicable zoning regulations.
(2)
In making its 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 welfare of the neighborhood or community by such grant. In making
such determination, the Board shall consider:
(a)
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;
(b)
Whether the benefit sought by the applicant can be achieved by some
alternative method, feasible for the applicant to pursue, other than
an area variance;
(c)
Whether the requested area variance is substantial;
(d)
Whether the proposed variance will have an adverse effect or impact
on the physical or environmental conditions in the neighborhood or
district; and
(e)
Whether the alleged difficulty was self-created, which consideration
shall be relevant to the decision of the Zoning Board of Appeals,
but shall not in and of itself necessarily preclude the granting of
the area variance.
(3)
The Zoning 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.
D.
Revocation, expiration and extinguishment of variances.
(1)
Revocation of variances. Any variances granted pursuant to this
chapter shall be revocable on the order of the Zoning Board of Appeals
at any time upon the failure of the owner or operator of the use or
structure, covered by the variance, to observe all requirements of
this chapter with respect to the maintenance and conduct of the use
or structure, or upon the failure to observe all conditions and restrictions
of such variance which were designated by the Zoning Board of Appeals
in issuing the same. Prior to revoking any such variance, the Zoning
Board of Appeals shall give the holder of the variance at least 10
days' written notice of violation. If within such 10 days the variance
holder so requests, the Zoning Board of Appeals shall hold a hearing
on the revocation of such variance and shall give at least 10 days'
written notice of the hearing either by certified mail, return receipt
requested, or by personal service. If no hearing is requested within
the ten-day notice-of-violation period, the variance shall, upon the
expiration of such period, be immediately revoked and a new application
for the relief previously granted shall be required. The foregoing
provisions shall not be deemed to preclude the use of any other remedy
prescribed by law or by this chapter with respect to violations of
the provisions of this chapter or of any conditions of the variance.
The violation of any condition imposed by the Zoning Board of Appeals
as part of a variance or the variance holder's failure to observe
all the requirements of this chapter with respect to maintenance and
conduct of the use shall also constitute a violation of this chapter.
(2)
Expiration, lapse, extension and reinstatement of variance.
Any variance granted pursuant to this chapter shall automatically
expire and be of no further force and effect one year after the granting
thereof unless, within such one-year period, substantial construction
shall have been commenced. All construction must be completed within
one year of the date of commencement of substantial construction.
If construction is not completed within the one-year period, the variance
shall automatically expire and be of no further force and effect.
The Zoning Board of Appeals shall be authorized, upon application
and submission of an extension fee, and without hearing, to grant
extensions of the variance for additional periods, each not to exceed
six months, or to reinstate a lapsed variance for good cause shown.
No extension or restatement shall be granted unless the applicant
has paid the extension fee.
(3)
Extinguishment of variance. Whenever a use established pursuant
to a variance shall have been abandoned for a term of six months,
or whenever the location of such use is substantially destroyed, the
land, building or structure in which said use shall have existed shall
not thereafter be used for the previously established use. The use
shall not be abandoned if, within the six-month term, the use shall
be reestablished for a period of at least 30 days. A structure shall
be "substantially destroyed" if the cost to repair and replace the
structure exceeds 50% of the current structural replacement value
thereof. Any variance which shall have been extinguished as a result
of abandonment or destruction as set forth herein may be reinstated
within two years of extinguishment following an application to the
Zoning Board of Appeals, upon good cause shown.
A.
All appeals and applications made to the Zoning Board of Appeals
shall be in writing on forms prescribed by the Board. Each appeal
or application shall fully set forth the circumstances of the case.
It shall refer to the specific provision of this chapter that is involved
and shall exactly set forth, as the case may be, the interpretation
that is claimed on an allegation of error or the variance that is
applied for and the grounds on which it is claimed that the same should
be granted. The Clerk of the Board shall not receive nor shall the
Board consider any appeal or application that does not fully contain
the information required herein.
B.
Any further proposal by the applicant or appellant with respect to
either any addition to or modification of the content of the proposal
covered by the application or appeal or any offer made in connection
therewith shall be made only in the form of an amended application
or appeal. The filing of any such amended application or appeal shall
terminate all proceedings on the original application or appeal and
shall require the holding of a new hearing, of which notice shall
be given as in the first instance.
C.
Meetings, minutes, records. Meetings of the Zoning Board of Appeals
shall be open to the public to the extent provided in Article 7 of
the New York Public Officers Law. The Zoning Board of Appeals 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,
and shall also keep records of its examinations and other official
actions.
D.
Filing requirements. Every rule, regulation, every amendment or repeal
thereof, and every order, requirement, decision or determination of
the Zoning Board of Appeals shall be filed in the office of the Village
Clerk within five business days and shall be a public record, and
a copy thereof mailed to the applicant.
E.
Hearing appeals. Unless otherwise provided by local law, the jurisdiction
of the Zoning Board of Appeals shall be appellate only, and shall
be limited to hearing and deciding appeals from and reviewing any
order, requirement, decision, interpretation, or determination made
by the Code Enforcement Officer charged with the enforcement of this
chapter or any local law adopted pursuant to this chapter. The concurring
vote of a majority of the members of the Zoning Board of Appeals shall
be necessary to reverse any order, requirement, decision or determination
of any such Code Enforcement Officer, or to grant a use variance or
area variance. Such appeal may be taken by any person aggrieved, or
by an officer, department, board or bureau of the Village other than
the Board of Trustees.
F.
Time of appeal. Such appeal shall be taken within 30 days after the
filing of any order, requirement, decision, interpretation or determination
of the Code Enforcement Officer charged with the enforcement of such
local law by filing with such Code Enforcement Officer and with the
Zoning Board of Appeals a notice of appeal, specifying the grounds
thereof and the relief sought. The Code Enforcement Officer from whom
the appeal is taken shall forthwith transmit to the Zoning Board of
Appeals all the papers constituting the record upon which the action
appealed from was taken.
G.
The applicant or appellant shall be required to provide notice of
the hearing upon a form approved by the Zoning Board of Appeals to
all record landowners within a two-hundred-foot radius of the property
which forms the subject of the appeal or application as said record
owners appear on the most current tax rolls of the Nassau County Assessor's
Office. Such notice shall be sent to the record landowners by mail
not less than 15 days and no more than 25 days before the public hearing.
Evidence of compliance with this subsection shall be provided by the
appellant or applicant prior to or at the public hearing. In addition,
the Secretary of the Zoning Board of Appeals shall publish notice
of the hearing not less than 10 days prior to the hearing date.
H.
Stay upon appeal. An appeal shall stay all proceedings in furtherance
of the action appealed from, unless the Code Enforcement Officer charged
with the enforcement of this chapter, from whom the appeal is taken,
certifies to the Zoning Board of Appeals, after the notice of appeal
shall have been filed with the Code Enforcement Officer, that by reason
of facts stated in the certificate a stay would, in his or her opinion,
cause imminent peril to life or property, in which case proceedings
shall not be stayed other than by a restraining order which may be
granted by the Zoning Board of Appeals or by a court of record on
application, on notice to the Code Enforcement Officer from whom the
appeal is taken and on good cause shown.
I.
Time of decision. The Zoning Board of Appeals shall decide upon the
appeal within 62 days after the closing of said hearing. The time
within which the Zoning Board of Appeals must render its decision
may be extended by mutual consent of the applicant and the Board.
J.
Rehearing. A motion for the Zoning Board of Appeals to hold a rehearing
to review any order, requirement, decision or determination of the
Board not previously reviewed may be made by any member of the Board.
A unanimous vote of all members of the Board then present is required
for such rehearing to occur. Such rehearing is subject to the same
notice provisions as an original hearing. Upon such rehearing, the
Board may reverse, modify or annul its original order, requirement,
decision, interpretation or determination upon the unanimous vote
of all members of the Zoning Board of Appeals, provided that the Board
finds that the rights vested in persons acting in good faith in reliance
upon the reviewed order, requirement, decision, interpretation or
determination will not be prejudiced thereby.
Application fees for variance applications and other matters
submitted to the Zoning Board of Appeals shall be in the amounts as
set forth, from time to time, by resolution of the Board of Trustees.
Assistance to the Zoning Board of Appeals. Such Board shall
have the authority to call upon any department, agency or employee
of the Village or to seek consultation or professional assistance
(including but not limited to engineering, architectural and legal).
All applicants under this article shall be required to pay the cost
associated with such consultants or professionals. No variance or
building permit shall be issued pursuant to the provisions of this
article until the applicant reimburses the Village for all such expenses.
At the time of application, and throughout the review process, the
Zoning Board of Appeals or the Superintendent of Buildings may require
an applicant to deposit with the Village Clerk such amounts to cover
such fees and expenses. In instances where such expenses are minimal,
the requirement for reimbursement of expenses may be waived by the
Zoning Board of Appeals.
