Bayville City Zoning Code
ARTICLE XVIII
Board of Appeals
§ 80-87 Organization.
[Amended 3-10-1997 by L.L. No. 1-1997; 5-20-2010 by L.L. No. 1-2010; 4-28-2025 by L.L. No. 1-2025]
There shall be a Board of Appeals consisting of five members appointed by the Village Board of Trustees. Said Board of Appeals shall, consistent with the Village Law of the State of New York, determine its own rules and procedure as to the manner in which appeals for a variance or for a special use permit shall be brought before it and what notice shall be given of proceedings.
§ 80-88 Powers and duties.
[Amended 12-12-1994 by L.L. No. 4-1994; 5-20-2010 by L.L. No. 1-2010; 8-22-2022 by L.L. No. 3-2022; 2-27-2023 by L.L. No. 3-2023; 4-28-2025 by L.L. No. 1-2025]
The Board of Appeals shall investigate and report upon all matters referred to it by the Village Board, and the Board of Appeals shall have powers granted by the Village Law and the following powers and duties:
A.
General. The Zoning Board of Appeals shall have all the powers and duties prescribed by Village Law and by this chapter, which powers and duties are summarized and more particularly specified in the following, provided that none of the following sections shall be deemed to limit any of the powers of the Board of Appeals that are conferred by the Village Law. In passing upon any matter before it, the Board shall take into specific consideration the goals of this chapter, which constitutes the comprehensive plan of the Village of Bayville.
(1)
Rules and regulations. The Zoning Board of Appeals may adopt such rules and regulations as are necessary or proper to the performance of its powers and duties hereunder and may amend or repeal the same.
(2)
Special use permits. The Zoning Board of Appeals is authorized to hear and decide applications for certain special use permits in accordance with the procedures and standards set forth in Subsection B of this section.
(3)
Nonconforming uses. As more fully set out in Article XVI of this chapter, the Board of Appeals is authorized to extend the permitted period for cessation of a nonconforming use; to review and approve, approve with modifications or disapprove a plan for the reconstruction (but not expansion) of a nonconforming building; to permit the change of a nonconforming use to another nonconforming use; and to review and approve, approve with modifications or disapprove a plan for the improvement of a nonconforming use.
(4)
Variances authority to grant. On appeal from an order, requirement, decision or determination made by an administrative official charged with the enforcement of this chapter, or on referral of an applicant to the Zoning Board of Appeals by an approving agency acting pursuant to requirements of this chapter, the Zoning Board of Appeals is authorized to vary or modify the strict letter of this chapter, where its literal interpretation would cause practicable difficulties or unnecessary hardships, in such manner as to observe the spirit of the chapter, secure public safety and welfare and do substantial justice.
(5)
Use variances. Where an applicant demonstrates that applicable regulations and restrictions have caused unnecessary hardship and where the applicant desires to utilize land for a use not allowed in the district in which the land is located, the Zoning Board of Appeals may grant a variance in the application of the provisions of this chapter, in the specific case, provided that as a condition to the grant of any such variance, the Board shall make all of the following findings for each and every permitted use under this chapter for the particular district in which the property is located when:
(a)
The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence.
(b)
The alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood in which the property in question is located.
(c)
The use to be authorized by the variance will not alter the essential character of the neighborhood in which the property in question is located.
(d)
The alleged hardship has not been created by the applicant, owner or by a predecessor in title.
(e)
The use to be authorized by the variance, and any conditions imposed thereto, are consistent with the spirit and intent of this chapter.
(f)
Within the intent and purposes of this chapter the variance, if granted, is the minimum variance necessary to afford relief. To this end, the Board may permit a lesser variance than that for which an application was submitted.
(6)
Area variances. Where an applicant requests a variance of the lot area or other dimensional requirements of this chapter, the Zoning Board of Appeals may grant a variance in the application of the provisions of this chapter in the specific case, provided that as a condition to the grant of any such variance, the Board shall consider 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 this determination, the Board of Appeals shall consider the following:
(a)
How substantial the variance is in relation to the requirement.
(b)
Whether an adverse effect or impact will be created on the physical or environmental conditions in the neighborhood or district.
(c)
Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties created.
(d)
Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than a variance.
(e)
Whether the difficulty claimed as a ground for the variance has been created by the owner or by a predecessor in title, which consideration shall be relevant to the decision of the Board but shall not necessarily preclude the granting of the area variance.
(7)
Minimum variance. The Zoning Board of Appeals shall grant the minimum variance 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.
(8)
Interpretations. On appeal from an order, requirement, decision or determination made by an administrative official charged with the enforcement of this chapter, or on request from any official, agency or board of the Village, the Zoning Board of Appeals is authorized to decide any question involving the interpretation of any provision of this chapter. Interpretations shall be made in accordance with the intent of the particular provision being interpreted.
(9)
Conditions and safeguards. In granting a use or area variance, the Zoning Board of Appeals may prescribe 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 the variance may have on the neighborhood or community and to protect the public health, safety and welfare. Such conditions or restrictions shall be incorporated in the building permit and certificate of occupancy. Failure to comply with such conditions or restrictions shall constitute a violation of this chapter and may constitute the basis for denial or revocation of a building permit or certificate of occupancy and for all other applicable remedies.
(10)
Expiration of a variance. A variance granted under this chapter shall automatically expire if substantial construction in accordance with the plans for which such variance was granted has not been commenced within one year, or such other time limit as may be chosen by the Zoning Board of Appeals in connection with its decision, from the date of filing the resolution of approval of variance by the Board; or, if judicial proceedings to review the Board's decision shall be instituted, from the date of entry of the final order in such proceedings, including all appeals.
B.
Special use permit power.
(1)
No special use permit shall be granted by the Board of Appeals unless it finds that the use for which such permit is sought will not, in the circumstances of the particular case and under any conditions that the Board considers to be necessary or desirable, be injurious to the neighborhood or otherwise detrimental to the public welfare.
(2)
Any special use permit granted must be renewed within one year of the date of granting and for each one-year period thereafter, until the need for the special use permit has ended or the Board decides that the subject special use permit should end.
C.
Failure to comply with a condition or requirement of a Board of Appeals variance or special use permit shall be a violation of this chapter.
D.
Board of Appeals decisions.
(1)
Form of decision.
(a)
The Board of Appeals may render its decision on any appeal or application in a short-form format, setting forth the Board's determination and conditions, if any, without enumerating the findings which formed the basis for its determination. Any applicant, or person or persons, jointly or severally aggrieved by a decision of the Board, may, within 30 days after the filing of the short-form decision in the office of the Village Clerk, file a written demand with the Village Clerk requesting that the Board of Appeals render its decision in a long-form format containing findings which formed the basis for the Board's determination. The Village Clerk shall promptly deliver the written demand to the Chairperson of the Board of Appeals. The Chairperson shall then cause the long-form decision to be prepared and, upon its approval by the Board file, it with the Village Clerk, who shall mail a copy thereof to the applicant and the person who demanded the long-form decision.
(b)
For the purposes of Village Law § 7-712-c, in cases where the Board renders a short-form decision and no written demand requesting a long-form decision is filed within the above-required thirty-day period, the date of filing of the short-form decision with the Village Clerk shall be deemed the date of filing of the Board's decision, and in cases where the Board renders or is required to render a long-form decision, the date of the filing shall be extended to the date of filing of the long-form decision.
(2)
Filing of decision and notice. The decision of the Board of Appeals on the appeal shall be filed in the office of the Village Clerk within 20 business days after the day such decision is rendered and a copy thereof mailed to the applicant.
(3)
Application to Supreme Court by aggrieved persons. Any person or persons, jointly or severally aggrieved by any decision of the Board of Appeals or any officer, department, board, or bureau of the Village, may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules. Such proceeding shall be instituted within 30 days after the filing of a decision of the Board in the office of the Village Clerk, as provided for in Subsection D(1) above.
§ 80-89 Filing fees and costs.
[Amended 6-26-1989 by L.L. No. 1-1989; 4-28-2025 by L.L. No. 1-2025]
A.
Fees and deposits. The Village Board of Trustees shall, from time to time, by resolution, set the filing fee and deposits for all applications to the Zoning Board of Appeals and all other costs and disbursements for such matters, including stenographic and reproduction costs, and counsel fees and costs and disbursements incurred by counsel on such matters. The Board of Trustees may, from time to time, by resolution, require that all such filing fees, deposits and costs be paid upon application and prior to any public hearings to be held on such matters.
B.
Assessment and lien for fees and costs. Any required fees and charges which remain unpaid shall be assessed against and immediately become a lien on the property which is the subject of the application which assessment shall be included in the next succeeding bill for the Village taxes for said property.