The Village Board shall appoint a Board of Appeals
consisting of five members and shall designate the Chairman of such
Board and for such term as provided by the Village Law.
A.Â
The Board of Appeals shall adopt rules necessary to
the conduct of its affairs, in keeping with the provisions of this
chapter. Meetings shall be held at the call of the Chairman and at
such other times as the Board may determine.
B.Â
The Board shall keep minutes of its proceedings and
records of its examinations and other official actions, all of which
shall be a public record.
C.Â
The Village Clerk or the Village Deputy Clerk shall
be the Clerk of the Board and shall render and perform such services
to the Board as may be required.
A.Â
Appeals to the Board of Appeals concerning interpretation
or administration of this chapter may be taken by any person aggrieved
or by any officer or department of the governing body of the village
affected by the decision of the administrative official.
B.Â
All appeals and applications made to the Board shall
be in writing, on forms prescribed by the Board. The Board of Appeals
shall fix a reasonable time for the hearing of appeal, giving public
notice thereof as well as due notice to the applicant.
C.Â
The applicant shall mail notice of the hearing, radius
map and survey of the subject property by either certified or registered
mail, return receipt requested, to every property owner shown on the
current Town of Brookhaven and Village of Lake Grove assessment rolls
within the area immediately adjacent and directly opposite thereto
for a distance of 200 feet from the perimeter of the property.
[Amended 3-2-1989 by L.L. No. 2-1989]
D.Â
The following shall be submitted with such application:
(1)Â
A copy of the notice sent to property owners.
(2)Â
A list containing the names and addresses of the owners
to whom notices were sent.
(3)Â
Return receipts.
(4)Â
Affidavits of mailing of the aforesaid notices.
E.Â
Forms of notice shall be kept available at the office
of the Village Clerk and must contain the following information:
(1)Â
The name and address of the applicant and, if not
the owner, in addition, the name and address of the owner of record.
(2)Â
Approximate size of the property for which application
is made, giving the boundaries by metes and bounds.
(3)Â
The street or road upon which the property fronts
and the distance to the nearest intersection; if situated at an intersection,
the names or designation of all the streets or roads it bounds.
(4)Â
The purpose for which the property is to be used if
other than a dwelling; the type of business or nature of its occupancy;
and if part of a private residence is to be used for the office of
a profession, the nature of that profession.
The Board of Appeals shall have the following
powers and duties:
A.Â
Interpretation. To hear and decide appeals on the
interpretation of this chapter where it is alleged that there is an
error in any order, requirement, decision or determination by the
administrative official in the enforcement of this chapter.
B.Â
Special permits.
(1)Â
To issue special permits for any of the areas for
which this chapter requires the obtaining of such permits from the
Board of Appeals. In granting such permits, the Board may prescribe
appropriate conditions and safeguards in conformity with this chapter.
No special permit shall be granted by the Board of Appeals unless
it shall determine:
(a)Â
That the use will not prevent the orderly and
reasonable use of adjacent properties or of properties in the surrounding
area nor impair the value thereof.
(b)Â
That the use will not prevent the orderly and
reasonable use of permitted or legally established uses in the district
wherein the proposed use is to be located or of permitted or legally
established uses in adjacent districts.
(c)Â
That the safety, the health, the welfare, the
comfort, the convenience or the order of the village will not be adversely
affected by the proposed use and its location.
(d)Â
That the use will be in harmony with and promote
the general purposes and intent of this chapter.
(2)Â
In making such determination, the Board of Appeals
shall give consideration, among other things, to:
(a)Â
The character of the existing and probable development
of uses in the district and the peculiar suitability of such district
for the location of any of such permissive uses.
(b)Â
The conservation of property values and the
encouragement of the most appropriate uses of land.
(c)Â
The effect that the location of the proposed
use may have upon the creation or undue increase of traffic congestion
on public streets or highways.
(d)Â
The availability of adequate and proper public
or private facilities for the treatment, removal or discharge of sewage,
refuse or other effluent, whether liquid, solid, gaseous or otherwise,
that may be caused or created by or as a result of the use.
(e)Â
Whether the use or materials incidental thereto
or produced thereby may give off obnoxious gases, odors, smoke or
soot.
(f)Â
Whether the use will cause disturbing emission
of electrical discharges, dust, light, vibration or noise.
(g)Â
Whether the operations in pursuance of the use
will cause undue interference with the orderly enjoyment by the public
of parking or of recreational facilities, if existing or if proposed
by the village or by other competent governmental agency.
(h)Â
The necessity for an asphaltic- or concrete-surfaced
area for purposes of off-street parking and loading of vehicles incidental
to the use, and whether such area is reasonably adequate and appropriate
and can be furnished by the owner of the plot sought to be used within
or adjacent to the plot wherein the use shall be had.
(i)Â
Whether a hazard to life, limb or property because
of fire, flood, erosion or panic may be created by reason or as a
result of the use or by the structures to be used therefor or by the
inaccessibility of the plot or structures thereon for the convenient
entry and operation of fire and other emergency apparatus or by the
undue concentration or assemblage of persons upon such plot.
(j)Â
Whether the use or the structures to be used
therefor all cause an overcrowding of land or undue concentration
of population.
(k)Â
Whether the plot area is sufficient, appropriate
and adequate for the use and the reasonably anticipated operation
and expansion thereof.
(l)Â
The physical characteristics and topography
of the land.
(m)Â
Whether the use to be operated is unreasonably
near to a church, school, theater, recreational area or place of public
assembly.
(n)Â
Whether the use and business or construction
violates or is contrary to the goal, purpose and intent of the Village
Master Plan.
C.Â
Variances.
(1)Â
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 special conditions such as irregular, narrow,
shallow or steep lots or other exceptional physical conditions, a
literal enforcement of the provisions of this chapter will deprive
the owner of the reasonable use of the land, structure or building
involved. No variance in the strict application of any provision of
this chapter shall be granted by the Board of Appeals unless it finds:
(a)Â
That special conditions and circumstances exist
which are peculiar to the land, structure or building involved and
which are not applicable to other lands, structures or buildings in
the same district.
(b)Â
That strict application of the provisions of
this chapter would deprive the applicant of rights commonly enjoyed
by other properties in the same district under the terms of this chapter.
(c)Â
That the special conditions and circumstances
do not result from the actions of the applicant.
(d)Â
That the granting of the variance will be in
harmony with the general purpose and intent of this chapter and will
not be injurious to the neighborhood or otherwise detrimental to the
public welfare.
(2)Â
No nonconforming use of neighboring lands, structures
or buildings in the same district and no permitted use of lands, structures
or buildings in other districts shall be considered grounds for issuance
of a variance.
E.Â
Zoning not to be changed. No variance or special permit
shall be granted which in effect would amount to or result in a rezoning
or changing the use district classification of the property or permit
the property to be used for any purpose not authorized or specifically
provided for in this chapter except by special permit of the Village
Board.
F.Â
Average setback. Where property in the vicinity is
partly built up with permanent buildings and structures and an average
setback line has been established, no building or structure shall
be erected or altered so as to project beyond the line of the average
setback so established.
Every variance or application for a special
permit granted by the Board of Appeals pursuant to the provisions
of this chapter shall be and become null, void and of no further force
or effect unless:
A.Â
Within six months after the date of the determination
or decision of the Board of Appeals, the use so granted shall actually
have commenced upon the premises, or the erection and construction
of the principal building or structure for the construction or use
of which a variance or special permit shall have been granted by the
Board of Appeals shall actually have been commenced; provided, however,
that excavation for or construction of a building foundation shall
not be deemed to be commencement of the erection or construction of
such building or structure within the meaning of this section; and
B.Â
The erection and construction of any such principal
building or structure shall have been completed and a certificate
of occupancy shall have been issued within 12 months after the date
of the decision or determination of the Board of Appeals.
[Amended 11-20-1986 by L.L. No. 10-1986; 3-16-1989 by L.L. No. 4-1989]
A.Â
Filing fees for each appeal to the Board of Appeals,
for each application to the Board of Appeals or Village Board for
a special permit or reduced lot area, for the renewal of a special
permit and for applications to the Board of Appeals for commercial
applications shall be as set forth in the fee schedule of the Village
of Lake Grove.[1]
[Amended 12-6-1990 by L.L. No. 5-1990; 7-7-1994 by L.L. No. 5-1994; 8-21-1997 by L.L. No. 6-1997]
B.Â
In each case where an appeal to the Board of Appeals
is to validate a nonconforming structure or use which was erected
or commenced prior to the application or the application is for a
special permit for a use which commenced prior to the application,
there shall be additional fees as set forth in the fee schedule of
the Village of Lake Grove.[2]
