Asharoken City Zoning Code
ARTICLE VII
Board of Zoning Appeals
§ 125-36 Establishment; membership.
[Amended 6-2-1986 by L.L. No. 1-1986; 9-9-1996 by L.L. No. 2-1996]
A Board of Zoning Appeals is hereby established. Said Board shall consist of five members to be appointed by the Mayor. In the event that conflicts of interest make it impossible to obtain the quorum necessary to conduct business, the Mayor may appoint such additional ad hoc member or members to the Board as may be necessary to provide a quorum. Said Board shall have appellate jurisdiction as provided in the Village Law.
§ 125-37 Determination of regulation.
The Board of Zoning Appeals may in a specific case, after public notice and hearing and subject to appropriate conditions and safeguards, determine and vary the application of the regulations herein established in harmony with their general purpose and intent, as follows:
A.
Approve the issuance of a permit wherever it is provided in this chapter that the approval of the Board of Zoning Appeals is required; vary or modify the application of any of the regulations of this chapter relating to the use, construction or alteration of buildings or the use of land, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done when, in the opinion of the Board of Zoning Appeals, there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter.
B.
Where a district boundary that divides a lot held in single and separate ownership at the time of the adoption of this chapter, permit a use authorized on either portion of the lot to extend to the entire lot, but not more than 100 feet beyond the boundary line of the district in which such use is authorized.
C.
Permit the extension of nonconforming use or building upon the lot occupied by such use or building at the time of the adoption of this chapter.
D.
In B or C Residence Districts of the Village, approve the issuance of temporary and conditional permits for buildings and uses in contravention of the use regulations controlling residence districts, provided that such uses are not prejudicial to adjoining and neighboring sections already developed.
[Amended 2-3-1964]
E.
Permit any public utility building in any district.
F.
Determine and establish the true location of district boundaries in any disputed case.
§ 125-38 Filing appeals.
The Board of Appeals shall make rules as to the manner of filing appeals or application for special exceptions or variance from the terms of this chapter, or any other matters requiring action by said Board.
§ 125-39 Fee; public hearing.
[Amended 10-7-1968 by resolution; 3-7-1977 by L.L. No. 1-1977; 2-7-2005 by L.L. No. 1-2005; 8-5-2014 by L.L. No. 2-2014]
A.
Upon the filing with the Board of Zoning Appeals of an appeal or an application for a special use permit, special exception or variance from the terms of this chapter and upon deposit and payment of the cost of advertising and mailing notices as hereinafter required and upon payment of an application fee, in an amount to be determined from time to time by resolution by the Village Board, to the Village Clerk, the Board of Zoning Appeals shall fix a time and place for a public hearing thereon, and shall give notice thereof as follows:
(1)
By publishing a notice thereof once a week for two weeks in the official newspaper of the Village.
(2)
By posting the "Public Notice" sign and mailing a notice thereof, by certified mail, to the owners of all properties within a three-hundred-foot radius of the subject property, no less than 10 days nor more than 20 days before the hearing date.
(3)
By mailing a notice thereof, by certified mail, to every resident and association of residents in the Village who or which shall have registered its name and address for this purpose with the Board of Zoning Appeals.
B.
A special use permit issued for an accessory dwelling in accordance with § 125-7G(2) for a one-year period, may be renewed by the Clerk of the Board of Zoning and Appeals for two successive one-year periods, upon filing with the Clerk of the Board of Zoning and Appeals an application, in the form to be provided by the Clerk of the Board of Zoning and Appeals, attesting that there has been no change in the ownership of the subject property, the resident/occupant of the subject property or the use of the accessory dwelling.
§ 125-40 Content of notice.
The notice required by § 125-39 shall state the location of the building or lot and the general nature of the question involved.
§ 125-41 Special permits.
[Added 8-6-1984 by L.L. No. 4-1984]
A.
No special permit or special exception authorized under the Zoning Ordinance shall be granted by the Board of Zoning Appeals unless it shall determine that the proposed use:
(1)
Will not prevent the reasonable use of permitted uses in the surrounding area or impair the value or character thereof.
(2)
Will not adversely affect the safety, health, welfare, comfort, convenience and order of the Village.
(3)
Will be in harmony with and promote the general intent of the Zoning Ordinance.
(4)
Will not adversely affect municipal services and traffic patterns and congestion on, onto or from streets, roads, highways and waterways.
B.
In making such determination, the Board of Zoning Appeals may consider, among other things, the following:
(1)
The character of existing and probable development of uses in the area.
(2)
The conservation of property values and encouragement of the most appropriate uses of land.
(3)
The effect of the proposed uses on municipal services and traffic patterns and congestion on streets, roads, highways and waterways.
(4)
The availability of adequate utility service and waste disposal facilities.
(5)
The size and/or intensity of the proposed use and buildings or structures to be used in connection therewith compared to those existing and permitted in the area.
(6)
The number of persons intended to use or occupy the proposed use and the terms under which and times during which they will so use or occupy the same.
(7)
Whether the proposed use or buildings or structures to be used in connection therewith will cause overcrowding of land, undue concentration of population or deprive neighboring uses of light and air.
(8)
Whether the proposed use or buildings or structures to be used comply with all other applicable law.
C.
In issuing any such special permits, the Board may impose any specific conditions or requirements which, in its opinion, are reasonably designed to further the intent and purpose of this chapter. Such conditions and/or restrictions shall be a continuing condition of the validity and existence of such a permit and may also include in the following enumerated uses those set forth as follows:
(1)
Use of accessory building for residential purposes by persons employed on the premises. The applicant may be required on a periodic basis (no less than once a year) to supply such records as the Board may require to establish that the caretaker is regularly employed on the premises by the owner thereof for at least 35 hours per week.