There shall be a zoning board of appeals of five members pursuant to the provisions of Village Law § 7-712. Their successors shall be appointed in accordance with the provisions of Village Law. The village board shall designate the chairperson from the membership of the board of appeals.

The board of appeals shall have all the powers and duties prescribed by law and by this ordinance, which are more particularly specified as follows, provided that none of the following provisions shall be deemed to limit any power of the board that is conferred by law:

13.2.1. Interpretation. On the appeal from an order, requirement, decision or determination made by an administrative official, or on request by any official, board or agency of the village, to decide any of the following questions:

13.2.1.1. Determination of the meaning of any portion of the text of this ordinance or of any condition or requirement specified or made under the provisions of this ordinance.

13.2.1.2. Determination of the exact location of any district boundary shown on the zoning map.

13.2.2. Variances.

13.2.2.1. To authorize, upon appeal in specific cases, such variance from the terms of this ordinance as will not be contrary to the public interest where, owing to exceptional and extraordinary circumstances, there are unnecessary hardships in the way of carrying out of the strict letter of this ordinance, subject to terms and conditions to be fixed by the board of appeals; provided, however, that no such variance shall be granted unless said board finds:

(a)

That there are physical conditions, such as in the case of an exceptionally irregular, narrow, shallow or steep lot, fully described in the findings of said board applying to the land or building for which the variance is sought, which conditions are peculiar to such land or building, and have not resulted from any act of the applicant or any prior owner; and

(b)

That, for reasons fully set forth in the findings of the board, the aforesaid circumstances or conditions are such that the strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of such land or building and the granting of the variance is necessary for the reasonable use of the land or building, and that the variance as granted by the board is the minimum variance that will accomplish this purpose; and

(c)

That the granting of the variance under such conditions as the board may deem necessary or desirable to apply thereto will be in harmony with the general purpose and intent of this ordinance, will not represent a radical departure therefrom, will not be injurious to the neighborhood, will not change the character thereof, and will not be otherwise detrimental to the public welfare and safety.

13.2.2.2. The needs or desires of a particular owner or tenant or of a particular prospective owner or tenant shall not, either alone or in conjunction with other factors, afford any basis for the granting of a variance. The fact that the improvements already existing at the time of the application are old, obsolete, outmoded or in disrepair, or the fact that the property is then unimproved shall not be deemed to make the plight of the property unique or to contribute thereto.

13.2.2.3. Where the board finds the zoning classification of a particular property to be conducive to the deprivation of the reasonable use of the land or buildings, and where the board finds the same condition to apply generally to other land or buildings in the same neighborhood or zoning district, the board shall call this condition to the attention of the planning board.

13.2.2.4. In all cases where the board of appeals grants a variance from the strict application of the requirements of this ordinance, it shall be the duty of such board to attach conditions and safeguards as may be required.

The powers and duties of the board of appeals shall be exercised in accordance with the following procedure:

13.3.1 The board of appeals shall not decide upon any appeal for a variance or interpretation of this ordinance without first holding a public hearing, a notice of which hearing and other substance of the appeal or application shall be provided by the board of appeals for publication in the official newspaper of the village at least five days before the date of such hearing. In addition to such published notice, the applicant(s) shall cause such notice to be mailed at least five days before the hearing to the following: all owners within 100 feet of the boundary lines of the applicant's property, and any other property owners that the board of appeals may deem advisable.

13.3.1.1. The names of said owners shall be taken as they appear on the last completed tax roll of the village.

13.3.1.2. Provided that due notice shall have been published as above provided and that there shall have been substantial compliance with the remaining provisions of the paragraph, the failure to give notice in exact conformance herewith shall not be deemed to invalidate action taken by the board of appeals in connection with the granting of any appeal or variance.

13.3.2. All appeals and applications made to the board of appeals shall be in writing, on forms prescribed by the board, and shall be accompanied by a fee of not less than the actual and necessary costs of advertising and holding a public hearing, or as listed in the standard schedule of fees for the Village of Goshen. The fee paid in connection with application under section 13.2.2 (Variances) shall not be refundable.

13.3.3. Each appeal or application shall fully set forth the circumstances of the case. Every appeal or application shall refer to the specific provision of the ordinance involved and shall exactly set forth, as the case may be, the interpretation that is claimed, the details of the variance that is applied for and the grounds on which it is claimed that the same should be granted.

13.3.4. Should any appeal involve either of the two following conditions, the secretary of the board of appeals shall transmit to the designated office or official a copy of the official notice of the public hearing not later than ten days prior to the date of the hearing:

13.3.4.1. Any change in the boundaries of any district, which change would occur within a distance of 500 feet of the boundary of any village, town, or county or any boundary of a state park or parkway.

13.3.4.2. Any change in the regulations prescribed for any district, any portion of which is located within 500 feet of the boundaries listed in section 13.3.4.1.

13.3.5. Prior to the date of any public hearing, the secretary of the board of appeals shall transmit to the secretary of the planning board a copy of any appeal or application, together with a copy of the notice of such hearing. The planning board may submit to the board of appeals an advisory opinion on said appeal or application at any time prior to the rendering of a decision by the board of appeals.

13.3.6. Should any action by the board of appeals involve any of the areas specified in article XVII, section 17.6.1, then the matter shall be referred, prior to final action by the board of appeals, to the Orange County department of planning and development in accordance with General Municipal Law art. 12-B, § 239-m.

13.3.7. Every decision of the board of appeals shall be recorded in accordance with standard forms adopted by the board, and shall fully set forth the circumstances of the case and shall contain a full record of the findings on which the decision is based. Every decision of the board shall be by resolution and each such resolution shall be filed in the office of the village clerk by case number, under one of the following headings:

(1)

Interpretation; or

(2)

Variances;

together with all documents pertaining thereto. Regarding their decision in each case, the board of appeals shall notify the building inspector, village board, village planning board, and the municipal clerk of any affected municipality given notice of hearing as set forth in section 13.3.4.

13.3.8. All the provisions of this ordinance relating to the board of appeals shall be strictly construed. Said board, as a body of jurisdiction, shall act in full conformity with all provisions of law and of this ordinance and in strict compliance with all limitations contained.

13.3.9. A variance shall be effective for one year from the date of its approval by the board of appeals. Unless construction is commenced and diligently pursued within said one-year period, such variance shall be null and void. In the event an applicant is required, in connection with the variance, to obtain planning board approval for a site plan or a subdivision plat, the variance approval shall be deemed extended for a period of one year from the date of grant of final site plan or subdivision approval.

(L.L. No. 4-1999, § I, 9-27-99; L.L. No. 4-2024, § 3, 3-11-24)