Brightwaters City Zoning Code
ARTICLE XI
Board of Appeals
§ 128-87 Board established; membership; terms of office.
A Board of Appeals is hereby established. Such Board shall consist of five members, to be appointed by the Village Trustees and to serve without pay. Initial appointments shall be made for one-, two-, three-, four-, and five-year terms or for the unexpired portion of the term of any member who may retire. At the expiration of each original appointment, the succeeding members shall be appointed for five-year terms.
§ 128-88 Meetings; voting; minutes.
All meetings of the Board of Appeals shall be public. A quorum shall consist of three members. The concurrent vote of three members shall be necessary for any decision. The Board shall keep minutes of its proceedings.
§ 128-89 Rules and regulations.
The Board of Appeals shall adopt, from time to time, such rules and regulations as it may deem necessary to interpret and carry into effect the provisions of this chapter.
§ 128-90 Powers.
A.
The Board of Appeals shall have no power to amend this chapter or the Building Zone Map,[1] but where there are practical difficulties or unnecessary hardships in the way of carrying out the provisions of this chapter, such Board, after due notice and public hearing, may prescribe, in a specific case, a variation in the application of any such provision, in harmony with the general purpose and intent of this chapter, so that the public health, safety and welfare may be conserved. The Board of Appeals shall have general power of review of any decision rendered by the Code Enforcement Officer.
[1]
Editor's Note: The Building Zone Map is on file in the office of the Village Clerk, where it is available for inspection during regular office hours.
B.
The Board of Appeals shall have the power to permit the change of a nonconforming use to another no more harmful or objectionable nonconforming use under limitations hereinbefore recited.
C.
The Board of Appeals shall have the power to establish a legal nonconforming use and to establish its own requirements for application and proof therefor.
[Added 11-1-1993 by L.L. No. 5-1993]
§ 128-91 Building Zone Map application to improperly mapped streets.
Where the street layout actually on the ground varies from the street layout as shown on the Building Zone Map, the designation shown on the map shall be applied to the improperly mapped street on the ground by the Board of Appeals, after due notice and public hearing, in such a way as to carry out the intent and purpose of the chapter and map for the particular section in question.
§ 128-91.1 Zoning Board Of Appeals fees and costs.
[Added 10-5-2020 by L.L. No. 1-2020]
A.
The fee for any application to the Zoning Board of Appeals pursuant to the provisions of this chapter shall be at the level affixed from time to time by resolution of the Board of Trustees of the Village of Brightwaters.
B.
In addition to any fees established pursuant to Subsection A hereof, the fee for the applications to the Zoning Board of Appeals shall include payment or reimbursement of reasonable costs and expenses incurred by the Board for private engineering, environmental, planning and/or architectural consultants, or other private consulting services reasonably deemed necessary by the Board, and other extraordinary expenses in connection with the review of a proposed subdivision, or the change of use for a commercial establishment. Such reimbursable costs shall be in addition to any other fees required. The applicant shall be required to provide an escrow deposit account at any time on or after the receipt of the application, in an amount sufficient to cover the anticipated costs for such consultant review and other expenses.
C.
The fees to be paid by the applicant shall also include payment or reimbursement of the following costs: