Baxter Estates City Zoning Code
ARTICLE IX
Board of Appeals
§ 175-86 Appointment.
[Amended 9-19-2005 by L.L. No. 1-2005]
The Board of Appeals, consisting of five members, appointed pursuant to the Village Law, is hereby continued for the terms heretofore designated, and as their terms expire the Village Board of Trustees shall appoint their successors. The members shall receive such compensation, if any, as the Village Board of Trustees shall determine.
§ 175-87 Powers.
A.
The Board of Appeals, in addition to the powers and duties set forth in the Village Law and as heretofore set forth in this chapter, may in a specific case after public notice and hearing, and subject to appropriate conditions and safeguards, determine and vary the application of this chapter and authorize the issuance of permits in harmony with its general purpose and intent as hereinafter provided. The Board of Appeals may:
(1)
Authorize the issuance of a permit wherever it is required in this chapter that the approval of the Board of Appeals is required.
(2)
Determine and establish the true location of use district boundaries in any disputed case.
(3)
When a district boundary line divides a lot held in a single or separate ownership at the time of the adoption of this chapter and the major portion of said lot is in the less restricted district, permit, under such circumstances as will safeguard the character of the more restricted district, a use authorized on either portion of the lot to extend to the entire lot, but not more than 25 feet beyond the boundary line of the district in which such use is authorized.
(5)
Vary the application of the provisions of this chapter and establish appropriate requirements for irregular lots or lots less than the required area in any district existing at the effective date of this chapter.
(6)
Vary the application of the provisions of this chapter and modify the requirements thereof in cases of exceptional topography under such conditions as will safeguard the neighborhood.
(7)
Vary any provision of this chapter in cases warranting relief in accordance with the standards of the Village Law of the State of New York, provided that the public health, safety and general welfare are reasonably protected.
[Amended 9-19-2005 by L.L. No. 1-2005]
(8)
Hear and decide appeals from and review any order or decision made by the Superintendent of Buildings as to the application or enforcement of the provisions of this chapter.
[Amended 3-7-2019 by L.L. No. 1-2019]
(9)
Permit open-air parking adjoining business districts of noncommercial automobiles accessory to and in connection with the permitted uses and buildings in the adjoining business district.
B.
The Board of Appeals may in appropriate cases provide that any permit granted under this section shall be for a stated length of time and shall be effective only for the period fixed by the Board and any application for renewal of said permit shall be acted upon in the same manner as an initial application.
C.
On all applications for permits under this article the Board of Appeals, in addition to requirements herein, shall give consideration to the health, safety, morals, convenience and general welfare of the Village and of its property owners and residents and shall act in harmony with the general purpose and intent of this chapter and the applicable provisions of the Village Law.
D.
The determination of the Board of Appeals on all applications under this article shall be made in accordance with the Village's Comprehensive Plan and design, as set forth in this chapter, with the purpose and intent set forth in the title, subtitle and preamble thereto and in § 7-704 of the Village Law.
[Amended 9-19-2005 by L.L. No. 1-2005]
E.
Issuance of permits.
(1)
The Board of Appeals shall not authorize the issuance of any permit under the provisions of this article unless it finds that the proposed use of the property or the erection, alteration or maintenance of the proposed building or structure:
(a)
Will not depreciate or tend to depreciate the value of property in the Village;
(b)
Will not create a hazard to health, safety, morals or general welfare;
(c)
Will not be detrimental to the neighborhood or the residents thereof;
(d)
Will not alter the essential character of the neighborhood;
(e)
Will not be detrimental to public convenience and welfare; and
(f)
Otherwise satisfies the standards for the grant of relief from the Zoning Code as established under the Village Law of the State of New York.
[Amended 9-19-2005 by L.L. No. 1-2005]
(2)
In considering any application under this article the Board shall give consideration to the following:
(a)
Accessibility of the premises for fire and police protection;
(b)
Access of light and air to the premises and of adjoining property;
(c)
Traffic problems, transportation requirements and facilities;
(d)
Parking facilities;
(e)
Hazards from fire;
(f)
The size and type and kind of buildings and structures in the vicinity where the public is apt to gather in numbers, such as hospitals, churches, schools and the like.
F.
Open-air parking facilities.
(1)
On all applications for permits made under Subsection A(9) of this section, the Board of Appeals may:
(a)
Require a fence to surround the property and/or the planting of trees, shrubbery or other live buffer materials to screen the parking area from the adjoining residential area;
[Amended 9-19-2005 by L.L. No. 1-2005]
(b)
Specify the paving materials for the parking area;
(c)
Specify the type of lighting fixtures to be installed in the parking area together with the location of the fixtures and the time when the lights shall be in operation;
(d)
Require provision to be made for drainage of the area; and
(e)
Prohibit or require entrances from any residential streets to be appropriately located.
(2)
As a condition of the permit the Board of Appeals may require the parking area to be maintained in a clean and orderly condition and that the area shall be closed during such time as may be fixed by the Board.
(3)
Before the Board of Appeals shall authorize the issuance of any permit under Subsection A(9) of this section, the applicant shall be required to submit with the application a site plan showing:
(a)
The paved area for parking;
(b)
The plan of the proposed parking spaces, interior driveways, the location of entrances and exits to the parking area;
(c)
The specifications for the paving;
(d)
The type of lighting fixtures to be used and the location of each light;
(e)
The specifications and location of fence to be installed;
(f)
The specifications and location of the screening for the protection of adjoining residential areas;
(g)
The location of all other installations and construction;
(h)
The location of dwellings in the adjoining residential district;
(i)
The uses and buildings in the adjoining business district to be served by the parking area;
(j)
Adjacent streets; and
(k)
All dimensions.
(4)
No use of the premises nor any alteration other than as shown on the site plan approved by the Board of Appeals in the granting of a permit shall be made except on application to the Board of Appeals to amend said site plan, and any application for an amendment of said site plan shall be acted upon in the same manner as an original application for a permit under Subsection A(9).
§ 175-88 Lapse of variances.
[Amended 9-19-2005 by L.L. No. 1-2005; 9-3-2015 by L.L. No. 3-2015]
After the Board of Appeals has varied the provisions of this chapter, the variance so granted shall lapse after the expiration of one year from the date of the adoption of the resolution granting same, unless substantial construction has taken place, in accordance with the plans for which such variance was granted, and the provisions of this chapter shall thereafter govern.
§ 175-89 Rules.
[Amended 9-19-2005 by L.L. No. 1-2005]
The Board of Appeals may adopt rules as to the manner of filing appeals or applications for permits or variances in specific cases.
§ 175-90 Notice and hearing.
[Amended 10-13-1981 by L.L. No. 3-1981; 9-19-2005 by L.L. No. 1-2005]
Upon the filing with the Board of Appeals of an appeal or of an application for a permit or variance, the Board of Appeals shall fix a time and place for public hearing thereon and shall give notice by publishing a notice thereof in the official newspaper of the Village at least once not less than five days prior to such hearing. Such notice shall state the location of the building or lot and the general nature of the question involved.