[Amended 11-30-1983 by L.L. No. 18-1983]
All construction, major alterations or changes
in type of occupancy shall be in conformance with the requirements
of this chapter. All persons desiring to undertake such construction,
major alterations or other changes shall conform to all applicable
provisions of this chapter.[1]
[1]
Editor's Note: Former § 174-29,
Zoning permits, which immediately followed this section, was repealed
11-30-1983 by L.L. No. 18-1983.
[Added 8-2-1995 by L.L. No. 9-1995]
Wherever any use of property is authorized by
this Code with the permission of, or a permit from, the Board of Trustees,
no such permission or permit shall be granted except after public
hearing. Notice of such public hearings shall be given as provided
by law or, if no such provision is made, then as provided in the rules
of the Board of Trustees. If such rules also make no such provision,
then such notice shall be given in the manner provided for hearings
on area variance applications before the Board of Appeals. Where notice
of an application, or a hearing thereon, is required to be given to
persons owning or residing at property within a stated distance from
the location which is a subject of the application, such application
shall include a radius map in the same manner as provided for applications
to the Board of Appeals.
The provisions of this chapter shall be administered
and enforced by the Code Enforcement Officer, except where otherwise
provided. The Code Enforcement Officer shall have the following duties
and powers:
A.
Inform applicants. The Code Enforcement Officer shall
provide information for prospective applicants as to the type of application
to be filed and the information to be submitted and shall explain
the procedures for filing applications. Such information shall be
offered as a public service, and no charge shall be made for such
service.
B.
Provide form of applications, permits and/or certificates.
The form of all applications, permits and certificates to be used
by the Code Enforcement Officer under the terms of this chapter shall
be prescribed by the Code Enforcement Officer.
C.
The Code Enforcement Officer or any other person designated
by the Board of Trustees for such purpose shall enforce the provisions
of this chapter and any rules and regulations promulgated in furtherance
thereof.
D.
In the performance of his duties, the Code Enforcement
Officer shall have the right to enter any building, premises or land
at any reasonable hour. He shall maintain records of all such inspections
and of all findings of occupancy and use.
E.
The Code Enforcement Officer shall keep a record of
every identifiable complaint of a violation of any of the provisions
of this chapter and of the action taken on each such complaint. He
shall report thereon, in writing, to the Board of Trustees as required
by such Board, but no less often than every three months.
F.
The Code Enforcement Officer shall keep a permanent
record, including all pertinent maps and plans, of all applications
for zoning permits, building permits and certificates of occupancy.
G.
The Code Enforcement Officer shall make a report to
the Village Board of Trustees, in writing, at least once each month,
reporting the number and type of permits and certificates issued and
listing all reported and continuing violations and the disposition
or pending action on such violations.
[Amended 7-16-1980 by L.L. No. 16-1980; 11-23-1981 by L.L. No. 12-1981; 10-26-1983 by L.L. No. 16-1983; 12-16-1985 by L.L. No. 11-1985; 10-4-1989 by L.L. No. 3-1989; 9-25-1991 by L.L. No.
4-1991; 1-3-1996 by L.L. No. 1-1996; 3-20-1996 by L.L. No. 5-1996; 7-31-1996 by L.L. No. 15-1996; 10-28-1998 by L.L. No. 5-1998; 10-15-2014 by L.L. No. 6-2014; 9-18-2019 by L.L. No.
3-2019]
A.
Pursuant to authority granted to the Village in the
Municipal Home Rule Law, § 7-712 of the Village Law of the
State of New York is hereby repealed in its application to the Village
of North Hills.[1]
[1]
Editor's Note: Former Subsection B, containing
definitions of “area variance” and “use variance,”
which immediately followed this subsection, was deleted 1-19-2005
by L.L. No. 1-2005.
B.
The Board of Appeals presently in existence hereby
is continued, and the members thereof may continue to serve for the
duration of their appointed terms. Such Board shall have five members,
who shall be appointed by the Board of Trustees for terms of three
years each. Upon the expiration of any term of office, a successor
shall be appointed for a term of three years. Any vacancy occurring
for any reason other than expiration of term shall be filled by appointment
for the remainder of the term.
[Amended 1-19-2005 by L.L. No. 1-2005]
(1)
No person who is a member of the Board of Trustees
shall be eligible for membership on the Board of Appeals.
(2)
The Board of Trustees shall designate a member of
the Board to serve as Chair and a member of the Board to serve as
Vice Chair, each of which appointments shall be for a term until the
end of the official year in which such appointments are made. In the
absence of the Chair and the Vice Chair, the remaining members of
the Board may select one of the members of the Board to serve as Acting
Chair.
(3)
Alternate members.
(a)
Pursuant to the Municipal Home Rule Law, Village
Law § 7-712, Subdivision 11, is hereby repealed and superseded
in its application to the Village of North Hills.
(b)
Subject to the approval of the Board of Trustees,
the Mayor may appoint not more than three alternate members of the
Board of Appeals, to serve in order of seniority in place of any members
of the Board of Appeals, or senior alternate members, who are unable
for any reason to attend any particular meeting of the Board. The
alternate members of the Board shall have all of the powers and duties
of regular members at such times as the alternate members are serving.
Such alternate members shall be appointed for terms of one official
year each.
C.
The Mayor shall have power to remove any member of
the Board of Appeals after public hearing for cause.
D.
The Board of Appeals shall meet upon call of its Chair
and at such other times as the Board shall determine. The Chair may
administer oaths and compel the attendance of witnesses.
[Added 1-3-1996 by L.L. No. 1-1996]
A.
Pursuant to authority granted to the Village in the
Municipal Home Rule Law, § 7-712-a of the Village Law of
the State of New York is hereby repealed in its application to the
Village of North Hills.
B.
Meetings of the Board of Appeals shall be open to
the public to the extent provided in Article 7 of the Public Officers
Law. The 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
official actions.
C.
The Board of Appeals shall have power to adopt and
amend rules and regulations for its procedures, provided that the
same are not inconsistent with law. Every such rule and regulation
shall be filed in the office of the Village Clerk.
D.
The Board of Appeals shall have authority to call
upon any department, agency or employee of the Village for such assistance
as may be necessary and as shall be authorized by the Board of Trustees.
E.
The Board of Appeals shall have such original jurisdiction
as provided in this chapter. The Board of Appeals shall also have
jurisdiction to review, hear and determine appeals from any order,
requirement, decision, interpretation or determination made by the
administrative official charged with the enforcement of the zoning
regulations of the Village or building code administration for the
Village. The concurring vote of at least three members of the Board
of Appeals shall be necessary to reverse any such order, requirement,
decision, interpretation or determination or to grant a use variance
or area variance.
F.
An appeal stays all proceedings in furtherance of
the action from which the appeal is taken, unless the Code Enforcement
Officer certifies to the Board of Appeals that, by reason of facts
stated in such certification, a stay would cause imminent peril to
life or property. In such case, proceedings shall not be stayed except
upon order of the Board of Appeals or a court of appropriate jurisdiction.
G.
The Board of Appeals shall fix a reasonable time for the hearing
of each appeal or other matter to be considered by such Board. Where
an application to the Board of Appeals requires a public hearing,
such application shall include an area map in the form and style as
is required by the rules and procedures of the Board of Appeals (showing,
at a minimum, the location of all properties within the radius of
required notice and the names of the owners of such properties). Notice
of such hearing shall be given as follows, except that where another
specific provision of law, or of this Code, or of the rules of the
Board of Appeals, specifies a greater number of persons to whom, or
a more extensive manner in which, notice shall be sent, in which event
all such provisions shall be given effect, the intent being to give
the greatest notice required by law. Nothing herein should be construed
as preventing the Planning Board from giving, or requiring an applicant
to give, notice greater than that provided herein.
[Amended 1-21-1998 by L.L. No. 1-1998; 10-21-2015 by L.L. No. 3-2015]
(1)
At least 10 calendar days prior to such hearing, the Village shall
publish notice of such hearing in the official newspaper. The Village
shall also give such other notice as is required by law to be given
by the Village.
(2)
At least 10 business days prior to such hearing, the applicant shall
give notice of such hearing, in a form supplied by the Village, to
the record owners of property (including condominium units) any part
of which is located within 250 feet of any part of the property which
is the subject of the application. Such notice shall be sent to the
record owners as shown on the Village tax rolls or Village assessment
map, or if none as shown on the County assessment roll.
(a)
Such notice shall be given by certified mail, return receipt
requested.
(b)
Proof of service of such notice shall be filed with the Clerk
at least four business days prior to the public hearing, and all available
mailing receipts shall be filed at or before the commencement of the
public hearing.
(3)
The Board of Appeals shall not have authority to waive or vary any
provision of this section.
H.
The Board of Appeals shall decide upon each application
within a reasonable time after the conclusion of the public hearing
on such application.
I.
The decision of the Board shall be filed with the
Village Clerk promptly upon rendition thereof. The Village Clerk shall
mail a copy thereof to the applicant.
J.
A request for the Board of Appeals to hold a rehearing
to review any order, decision or determination of the Board not previously
reviewed may be made by any member of the Board or by the applicant.
A unanimous vote of all members of the Board is required for such
rehearing to occur. Such rehearing shall be held in the same manner
and upon the same notice as the original hearing. Upon such rehearing,
the Board may reverse, modify or annul its original order, decision
or determination upon the unanimous vote of all members then present,
provided that the Board finds that the rights vested in persons acting
in good faith in reliance upon the original decision, order or determination
will not be prejudiced thereby.
[Added 10-20-2010 by L.L. No. 1-2010]
Section 7-712-a, Subdivision 13, of the Village Law is hereby
amended and superseded in its application to the Village, to read
as follows:
|
13. Decisions.
|
(a)
Except
as otherwise provided in Village Law § 7-712-a, Subdivision
12, every motion or resolution of the Board of Appeals shall require
for its adoption the affirmative vote of a majority of all the members
of the Board as fully constituted regardless of vacancies or absences.
The failure of the Board to adopt a decision within any specific period
of time shall constitute neither a denial nor an approval. Where an
action is the subject of a referral to the county planning agency
or regional planning council the voting provisions of § 239-m
of the General Municipal Law shall apply.
(b)
The
Board of Appeals may render its decision on any appeal or application
in a short-form format, summarily setting forth the Board's determination
and conditions, if any, without enumerating findings or conclusions
which formed the basis for the determination. Within 30 days after
filing of the short-form decision in the office of the Village Clerk,
any appellant, applicant, or other person or persons jointly or severally
aggrieved by the decision may file a written demand with the Village
Clerk requesting that the Board of Appeals render its decision in
a format containing the findings and conclusions which formed the
basis for the Board's determination. The Village Clerk shall promptly
deliver such written demand to the Chair, who shall promptly convene
a meeting of the Board to render such long-form decision.
(i)
Where the Board renders a short-form decision, and no written demand
requesting a long-form decision is filed within the required thirty-day
period, the date of filing of the short-form decision with the Village
Clerk shall be deemed the date of the filing of the Board's decision
for all purposes. Where the Board renders or is required to render
a long-form decision, the date of filing of the long-form decision
with the Clerk shall be deemed the date of filing of the Board's decision
for all purposes.
[Added 1-3-1996 by L.L. No. 1-1996;
amended 7-23-2003 by L.L. No. 5-2003]
A.
In acting upon any appeal other than an application
for a variance, the Board of Appeals shall consider whether the determination
of the administrative official from whom the appeal is taken made
a reasonable determination. If such determination was reasonable,
the Board of Appeals shall affirm the determination. If such determination
was not reasonable, the Board of Appeals shall make such other determination
as is appropriate under the circumstances.
B.
In approving any application or in granting any relief,
the Board of Appeals may impose reasonable conditions and restrictions
such as are directly related to and incidental to the proposed use
of the property, including reasonable restrictions on the scope, volume,
time, place and manner of activities which may be conducted on the
property. Such conditions shall be consistent with the spirit and
intent of the zoning regulations and shall be imposed for the purpose
of minimizing any adverse impact such variance may have on the neighborhood
or community.
[Added 1-3-1996 by L.L. No. 1-1996]
A.
Except as otherwise provided herein, all applications
to the Board of Appeals shall be filed with the Village Clerk and
shall conform to the following procedures and requirements as well
as to all other applicable laws. Fourteen copies of each such application
and all supporting documentation shall be submitted. Each application
shall include:
(1)
The name and street address of the applicant and,
if the applicant is not the sole owner of the entire property which
is the subject of the application, the name and street address of
each such owner, a sworn statement from all owners of the property
consenting to the application and, if the application is made by an
agent of any of such owners, authorizing the agent to make such application;
if the owner or applicant is a partnership or corporation, the names
and street addresses of all partners, officers, directors and 10 largest
shareholders.
(2)
A description of property by section, block and lot
on the Nassau County Land and Tax Map.
(3)
A statement whether any part of the subject property
is within 500 feet of a municipal boundary, a proposed or existing
county or state park, highway, stream or drainage channel or county
or state land whether or not improved by a public building or site.
(4)
A statement as to the relief requested and the grounds
therefor, including a citation of any law which authorizes the application.
(5)
A survey showing the property by metes and bounds
prepared by a licensed engineer or surveyor.
(6)
An area map prepared by a licensed engineer or surveyor
showing the subject property and the location and use of all land
within 400 feet of any portion of the subject property and the zoning
classification thereof.
(7)
A list of the names and addresses of all owners of
property shown on the area map, if any part of such property is located
within 200 feet of any part of the property which is the subject of
the application.
[Amended 8-27-1997 by L.L. No. 10-1997]
(8)
Environmental statements as may be required by law.
B.
If within one year after the date of a determination
by the Board of Appeals substantial construction pursuant thereto
or use thereof has not commenced, or if within two years after such
date construction has not been completed, the grant of relief by the
Board of Appeals shall expire. Upon written application and payment
of any required fees made before the date of such expiration, the
Board of Appeals, without public hearing, may extend the time for
such commencement of construction or use or completion of construction
for one additional period not to exceed six months. Additional extensions
of time shall not be granted except after public hearing upon notice
given in the same manner as required for the initial application.
A.
Whenever this chapter authorizes a use by permit from
the Board of Appeals or from the Board of Trustees, no such permit
shall be issued unless such Board shall first consider the public
health, safety and welfare and the comfort and convenience of the
public in general and of the residents of the immediate neighborhood
in particular. Such Board may prescribe such appropriate conditions
and safeguards as may be required in order that the result of its
action shall, to the maximum extent possible, further the expressed
intent of this chapter and the accomplishment of the following objectives:
[Amended 1-3-1996 by L.L. No. 1-1996]
(1)
That all proposed structures, equipment and material
shall be readily accessible to fire and police protection.
(2)
That all proposed uses shall be of such location,
size and character that, in general, they will be in harmony with
the appropriate and orderly development of the district in which they
are proposed to be situated and will not be detrimental to the orderly
development of adjacent properties in accordance with the zoning classification
of such properties.
(3)
That, in addition to the above, in the case of any
use located in or directly adjacent to a residential district:
(a)
The location and size of such use, the nature
and intensity of operations involved in or conducted in connection
therewith, its site layout and its relation to access streets shall
be such that both pedestrian and vehicular traffic to and from the
use and the assembly of persons in connection therewith will not be
hazardous or inconvenient to or incongruous with the said residential
or commercial district or conflict with the normal traffic of the
neighborhood; and that there will be off-hour or nonpeak traffic ingressing
or egressing from the property; and that there will be adequate access
to it for purposes of fire and safety protection, including traffic
control.
(b)
The location and height of buildings, the location,
nature and height of walls and fences and the nature and extent of
landscaping on the site shall be such that the use will not hinder
or discourage the appropriate development and use of adjacent land
and buildings.
(4)
That the nature and intensity of such use sought in
a residential or commercial district and the traffic generated by
it shall not be hazardous, incongruous or detrimental to the prevailing
residential or commercial character of the neighborhood.
(5)
That each permit use in a commercial district shall
be harmonious with the district in which its location is sought, shall
not create undue pedestrian or vehicular traffic hazards and shall
not include any display or signs, noise, fumes or lights that will
hinder normal development of the district or impair the use, enjoyment
or value of adjacent land and buildings.
B.
In granting any such permit, such Board may also:
(1)
Require any walls, fences, landscaping or other treatments
which it deems necessary to protect the value of adjacent properties
or to prevent any hindering of the appropriate development of adjacent
land.
(2)
Require a proposed plan showing the size and location
of the lot, the location of all buildings and proposed facilities,
including access drives, lighting, parking areas, all streets within
200 feet of the lot and other requirements as required for a special
exception permit.
(3)
Require that the permit be periodically renewed, if
not otherwise required by law. Such renewal may be granted only after
public notice and hearing and may be granted upon any condition which
could have been imposed at the time of granting the original permit.
Such renewal may not be denied unless the Board shall determine that
such conditions as may have been prescribed by the Board in conjunction
with the issuance of the original permit or a prior renewal have not
been or are no longer being complied with.
C.
Permit applications.
(1)
Applications shall be submitted in the same manner
and accompanied by the same items and information as if the application
were one for a zoning variance.
(2)
Such application shall be submitted by the Village
Clerk to the appropriate Board for consideration at a meeting thereof.
(3)
Notice of such meeting shall be given by the applicant
to the same persons and in the same manner as applicable with respect
to applications for a zoning variance.
(4)
In making a determination on an application for a
permit, the Board shall give consideration, among other things, to:
(a)
The preservation of environmental and ecological
assets of the property, including the physical conditions and topography
thereof.
(b)
Whether the character, size, location and design
of the proposal is an appropriate use of land and in harmony with
surrounding property.
(c)
The contribution which the proposal will make
to the proper growth and development of the Village.
(d)
The impact of the proposed use on vehicular
and pedestrian traffic, disposition of stormwater, sewerage, garbage
and refuse and other municipal services.
(e)
Whether the proposed use and/or vehicular traffic
generated thereby will cause obnoxious gases, odors, smoke, soot,
noise, vibration, light or other disturbing emissions and their effect
on air quality.
(f)
Adequacy of public utilities to serve the proposed
use and of access thereto by fire and other emergency apparatus.
(5)
Before approving an application for a permit, the
Board shall:
(a)
Determine that the use will not prevent the
orderly and reasonable use of adjacent properties.
(b)
Determine that the proposed use will be in harmony
with the general purposes and intent of this chapter.
(c)
Impose such conditions and safeguards as it
shall determine to be appropriate, necessary or desirable to preserve
the spirit and objectives of this chapter.
(6)
In the event that within one year from the date of
a determination by the Board granting a permit pursuant to this chapter,
substantial use thereof or substantial construction pursuant thereto
has not commenced, or in the event that within two years after such
date construction has not been completed, the permit shall expire.
Notwithstanding the foregoing, the Board may, upon written application
made before such expiration and upon payment of required fees and
without further public hearing, extend the time for such commencement
of construction or use and/or completion of construction for an additional
period not to exceed six months.
[Added 11-17-2021 by L.L.
No. 5-2021]
A.
In any case where a determination of the Board of Appeals requires
an act to be commenced, performed or completed within a specific period
of time, or on or before a specific date, the Board of Appeals may
consider and approve an application for extension of such period of
time or date as provided in this section. Any such approval may include
reasonable conditions.
B.
No application pursuant to this section may include any request for
relief other than an extension of such period of time, or date.
C.
Any such application shall be made in writing, upon a form provided
by the Village for such purpose.
D.
The Board of Appeals may, in its sole discretion, act with respect
to such extension application with, or without, a public hearing.
Except where otherwise required by law, the Board of Appeals may waive
in whole or in part otherwise applicable requirements for mailing
of legal notice of such hearing. This section shall not authorize
the Board to extend or change the time periods for notice of any public
hearing as required by this chapter or any other law.
[Amended 1-19-2005 by L.L. No. 1-2005]
The owner, agent or contractor of any building or premises where a violation of this chapter has been committed or shall exist, or the occupant of any building or premises or portion thereof where such violation has been committed or shall exist, or any person who violates any provision of this chapter shall, for each and every violation, be guilty of a violation. Each day upon which such violation occurs shall be a separate violation. Violations shall be punishable as provided in § 1-12 of this Code.
In addition to any other remedies elsewhere
provided, the Mayor or the Board of Trustees, acting in the name of
the Village of North Hills, or any person aggrieved acting in his
own name, shall have the right and power to enforce the provisions
of this chapter by action for injunction or otherwise, as provided
by law, in the case of any continuing violation or in the case of
any violation which constitutes a public nuisance or a clear and present
danger to the public health, safety or welfare.
In the event of conflict in terminology between
or among provisions of this chapter, more restrictive provisions shall
control.
[Amended 9-18-2019 by L.L. No. 3-2019]
All site plan approvals, special exceptions,
variances and permits lawfully authorized and/or lawfully issued prior
to the effective date of this chapter are invalidated and rescinded,
except that no such approval, exception, variance or permit shall
be invalidated hereby if the applicant therefor has made substantial
expenditures in reliance thereon sufficient to acquire a vested right
to such approval, exception, variance and/or permit. The Code Enforcement
Officer shall determine in any case whether or not such invalidation
has occurred, and such determination shall be reviewable by appeal
to the Board of Appeals.
In the interpretation or application of this
chapter, the provisions thereof shall be considered as minimum requirements
adopted for promotion of the public health, safety, comfort, convenience
and general welfare. It is not intended by this chapter to repeal,
annul, amend or abrogate any law not clearly inconsistent herewith
or not expressly repealed hereby. Neither is it the intention of this
chapter to abrogate or annul any easements, covenants or other agreements
between parties. However, where this chapter imposes a greater restriction
upon the use of a building or property than any other applicable law,
the provisions of this chapter are intended to prevail.
A.
This chapter or any part thereof may be amended, supplemented
or repealed from time to time by the Village Board of Trustees, acting
on its own motion or upon petition, as provided by law.
B.
Each petition for a zoning amendment shall be accompanied
by payment of the applicable fee as prescribed by law. If the petition
is withdrawn before publication of notice of a public hearing thereon,
the fee may be refunded, in whole or in part, at the discretion of
the Board of Trustees. No fee shall be required for a petition filed
in favor of or against a pending application.
C.
Each such petition shall be in writing and shall contain
the items and information required for an application for a zoning
variance.
D.
Notice of public hearing shall be published and served
in the same manner as provided for applications for a zoning variance,
except that in the case of an amendment made by the Board of Trustees
on its own motion, no notice shall be required except by publication
in the official newspaper.
This chapter shall not be deemed to supersede
any other law not expressly superseded.
Wherever possible, the provisions of this chapter
shall be read and construed to harmonize with each and every other
applicable law. However, in the event of irreconcilable conflict between
this chapter and any other law, the more restrictive interpretation
shall prevail.
