Great Neck Estates City Zoning Code
ARTICLE VIII
Board of Appeals
§ 230-64 Board continued; organization. [1]
[Amended 9-11-2000 by L.L. No. 5-2000]
A.
Section 7-712, Subdivisions 2, 4, 5 and 6, of the Village Law of the State of New York, are hereby superseded and amended in relation to the Village of Great Neck Estates, and the following provisions of this Subsection A shall apply in their place and stead:
[Amended 6-10-2013 by L.L. No. 4-2013]
(1)
The Board of Appeals of the Village of Great Neck Estates shall consist of five members. The Mayor shall appoint the members and the Chair of said Board of Appeals, subject to the approval of the Board of Trustees. In the absence of the Chair, the members of the Board of Appeals present and participating in any meeting may designate a member to serve as acting Chair. The members of the Board of Appeals shall serve without compensation, but may be reimbursed for actual expenses. The Board of Trustees may appoint counsel for the Board of Appeals, and may provide for compensation to be paid to counsel, experts, clerks and a secretary and provide for such other expenses as may be necessary and proper, not exceeding the appropriation made by the Board of Trustees for such purpose.
[Amended 10-8-2015 by L.L. No. 7-2015]
(2)
The members of the Board of Appeals now in office shall continue in office for the duration of their respective terms, and upon expiration of such terms their successors shall be appointed and qualified as provided by law.
[Amended 10-8-2015 by L.L. No. 7-2015]
(3)
No person who is a member of the Village Board of Trustees shall be eligible for membership on such Board of Appeals.[2]
[2]
Editor’s Note: Former Subsection A(4), regarding the number of members permitted to participate in any matter, which immediately followed this subsection, was repealed 10-8-2015 by L.L. No. 7-2015.
B.
Alternate members.
(1)
Pursuant to the Municipal Home Rule Law, Village Law § 7-712, Subdivision 11, is hereby repealed and superseded in its application to the Village of Great Neck Estates.
(2)
Subject to the approval of the Board of Trustees, the Mayor may appoint not more than six alternate members of the Board of Appeals, to serve in order as designated by the Chair of the Board in place of any members of the Board of Appeals who are unable, for any reason, to attend any particular meeting of the Board. The alternate members of the Board shall have all of the powers and duties of regular members at such times as the alternate members are serving. Such alternate members shall be appointed for terms of one official year each.
[Amended 6-14-2004 by L.L. No. 4-2004; 5-14-2012 by L.L. No. 8-2012]
[1]
Editor's Note: By resolution adopted 4-5-1976, the Board of Trustees abolished the Board of Appeals as created by and continued in Ord. No. 9, as amended, and created a new Board of Appeals in conformity with § 7-712 of the Village Law, to consist of five members and to have the powers and duties prescribed by law as well as those powers and duties theretofore prescribed. This action was taken as changes in New York State statutes adopted subsequent to establishment of the Board by the Village required that certain alterations be made in the format of the Board.
§ 230-64.1 Decisions.
[Added 10-4-2010 by L.L. No. 3-2010]
A.
Section 7-712-a13 of the Village Law is hereby amended, and superseded in its application to the Village, to read as follows: "Wherever the vote of a majority of the entire Board is required to make a determination or adopt a resolution, the affirmative vote of at least three members or alternate members of the Board shall be required. Wherever the vote of more than a majority is required, the number of required votes shall be calculated as if the entire Board consisted of five members. The failure of the Board to adopt a decision within any specific period of time shall constitute neither a denial nor an approval. Where an action is the subject of a referral to the county planning agency or regional planning council, the voting provisions of § 239-m of the General Municipal Law shall apply."
[Amended 6-10-2013 by L.L. No. 4-2013]
B.
The Board of Appeals may render its decision on any appeal or application in a short-form format, summarily setting forth the Board's determination and conditions, if any, without enumerating findings or conclusions which formed the basis for the determination. Within 30 days after filing of the short-form decision in the office of the Village Clerk, any appellant, applicant or other person or persons jointly or severally aggrieved by the decision may file a written demand with the Village Clerk requesting that the Board of Appeals render its decision in a format containing the findings and conclusions which formed the basis for the Board's determination. The Village Clerk shall promptly deliver such written demand to the Chair, who shall promptly convene a meeting of the Board to render such long-form decision. Where the Board renders a short-form decision and no written demand requesting a long-form decision is filed within the required thirty-day period, the date of filing of the short-form decision with the Village Clerk shall be deemed the date of the filing of the Board's decision for all purposes. Where the Board renders or is required to render a long-form decision, the date of filing of the long-form decision with the Clerk shall be deemed the date of filing of the Board's decision for all purposes.
§ 230-65 Rules.
[Amended 12-11-2000 by L.L. No. 6-2000]
The Board of Appeals shall have power to adopt and amend rules for its procedures, subject to approval by the Board of Trustees. Existing rules and practices are continued until repealed or amended.
§ 230-66 Fees.
[Amended 5-5-1969 by Ord. No. 116; 11-3-1975 by L.L. No. 9-1975; 2-13-1978 by L.L. No. 1-1978; 4-12-2004 by L.L. No. 1-2004]
The applicant shall submit with the application a fee to cover the cost of publication and incidental and related expenses. The application fee shall be as set forth in Chapter 109, Fees.[1]
[1]
Editor's Note: Former § 128-74, Standards for variance, as amended, which immediately followed this section, was repealed 8-18-2003 by L.L. No. 3-2003.
§ 230-67 Special powers.
[Amended 4-12-2004 by L.L. No. 1-2004]
In addition to the powers granted to the Board of Appeals by the Village Law, the Board of Appeals shall have the following special powers:
A.
Where the street layout actually on the ground varies from the street layout as shown on the Zoning Map, the use and other designations shown on the map shall be applied to the ground by the Board of Appeals in such a way as to carry out the intent and purpose of the map for such particular section.
B.
The Board of Appeals may determine and establish the true location of district boundaries in any disputed case.
C.
The Board of Appeals may permit any public utility in a restricted zone if it shall be satisfied that public convenience and necessity require it.
D.
The Board of Appeals may determine, in the case of an irregular lot or in a disputed case, the identity of the front, rear or side of a building and the location and size of the front yard, rear yard and side yards thereof.
E.
The Board of Appeals may act upon the extension of an existing nonconforming building or the erection of a supplementary building on the same lot, even though said supplementary building extends into a more restricted district, all under such conditions as will safeguard the character of the district and of the more restricted district.
F.
The Board of Appeals may grant a permit wherever it is provided in this chapter that the approval of the Board of Appeals is required.
G.
The Board of Appeals may exercise any and all of the powers conferred upon it directly or by implication by this chapter or by any other ordinance.
§ 230-67.1 Special use permit hearings and procedures.
[Added 5-12-2014 by L.L. No. 8-2014]
A.
This section shall apply whenever a board or agency of the Village has authority or jurisdiction to approve a special use permit.
B.
Unless otherwise expressly provided by law, no special use permit shall be issued without a public hearing.
C.
Pursuant to the authority granted in Municipal Home Rule Law § 10, the provisions of Village Law § 7-725-b(6) are hereby superseded and amended in their application to the Village of Great Neck Estates, and with respect to such Village, said section is amended to read as follows:
6. Public hearing and decision on special use permit. Where a public hearing is required prior to approval of a special use permit, the board or agency with authority to approve such permit shall commence a public hearing with respect to any such special use permit within 62 days from the day a complete application is received with respect to any matter referred to it or within its jurisdiction. Where review of such application is required pursuant to the State Environmental Quality Review Act,[1] and the board or agency is the lead agency, no such application shall be complete until the latest of issuance of a negative declaration or acceptance of a final environmental impact statement by the lead agency. Where said board or agency is not the lead agency, no such application shall be complete until a determination by the chair of the Board that the application is complete, or the issuance of a negative declaration or a findings statement by the lead agency, whichever last occurs. At least 14 days prior to the commencement of such hearing, the applicant shall mail notice of said hearing to all persons and in the same manner as required for notice of a public hearing with respect to a zoning variance. The Village shall publish and post notice of such hearing in the official newspaper at least 10 days prior to the hearing date, and shall give such other notice as may be required by law and such additional notice as the Board of Trustees shall determine. The board or agency with jurisdiction to do so shall make a decision with respect to such application within 62 days after the conclusion of such public hearing. No decision with respect to such application shall be made by operation of law, and all decisions shall require the affirmative vote of at least a majority of the members of the board or agency with jurisdiction to determine the application. The time periods to commence a hearing or to render a decision may be extended by mutual consent of the applicant and the board or agency. The decision of the board or agency shall be filed in the office of the Village Clerk within five business days after such decision is rendered, and a copy thereof shall be mailed to the applicant and to any other person requesting the same and providing a postage-paid mailing envelope. Nothing herein shall preclude the holding of a public hearing on any matter on which a public hearing is not so required. |
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
§ 230-68 Conditions, limitations and standards governing permits and approvals.
In granting permits and approvals and exercising the powers conferred upon the Board of Appeals, the Board shall be governed by the following conditions, limitations and standards:
A.
No person shall be entitled as a matter of right to a variance, permit, approval or other action by the Board of Appeals. Notwithstanding the provisions of this chapter or any evidence presented to it, the Board of Appeals may refuse to exercise the powers conferred upon it, and if it does so refuse, the applicant shall not be entitled to the relief sought and shall comply with the provisions of this chapter which control in the absence of such variance, exception, permit or approval by the Board of Appeals.
C.
No action shall be taken by the Board of Appeals the effect of which, in the judgment of the Board, may impair the value or desirability of properties in the Village for residential purposes of said character or which may permit the introduction into the Village of a type of development not established therein at the date of adoption of this chapter.
D.
In granting any relief, the Board of Appeals may impose conditions which in its judgment will tend to carry out the purpose of this section, including but not limited to requiring larger size of lot or larger front or side yards or greater street frontage than required by this chapter for the district in which said property is situated.
E.
In case conditions are imposed, the Board may require the applicant to furnish the bond of a surety company satisfactory to the Board in an amount fixed by the Board, to assure the performance of such conditions.[1]
[1]
Editor's Note: Former Subsection F regarding granting of variances, which immediately followed this subsection, was repealed 3-11-1996 by L.L. No. 1-1996 as amended 7-8-1996 by L.L. No. 7-1996.
F.
Amendments of decisions.
[Added 7-14-2008 by L.L. No. 5-2008]
(1)
In any case where the Board of Appeals has imposed a condition which requires that an applicant obtain permits, complete construction, or perform any act within a specified period of time, the Board may consider and determine an application to extend or enlarge such period of time without a public hearing. Such applications may be made by letter, signed by the applicant or the applicant's authorized agent, or in such other written form as may be required by the Board of Appeals, and may be filed prior to, or after, the expiration of the period of time which is sought to be extended or enlarged. In its discretion, the Board of Appeals may require a public hearing with respect to such an application where the Board concludes that circumstances may have changed since the date of the determination in which the condition was imposed or previously enlarged or extended, or where the Board identifies other circumstances which would warrant a public hearing.
(2)
The Board of Appeals may consider and determine applications to amend a prior determination, other than with respect to the time in which to perform or complete an act. Such applications may be made by letter signed by the applicant or the applicant's authorized agent, or in such other written form as the Board may determine. No such application shall be determined except after a public hearing held on such notice as required for an application for a variance.