Hempstead City Zoning Code
ARTICLE XX
Board of Zoning Appeals
§ 139-137 Legislative intent; appointment; terms; removal; meetings; records; assistance; rules; compensation.
A.
Legislative intent. The Board of Trustees of the Incorporated Village of Hempstead recognizes that real property situated within the Village of Hempstead is unique. It is hereby declared to be the policy of the Incorporated Village of Hempstead to preserve and protect property values and to regulate zoning matters in an orderly fashion. Therefore, any power or authority conferred upon the Village of Hempstead Board of Zoning Appeals pursuant to this Code shall be deemed lawful and appropriate even though the same may exceed or differ from the authority given to a Board of Zoning Appeals pursuant to the Village Law of the State of New York.
B.
Appointment of Board; terms of office; removal of members. The Board of Trustees has heretofore appointed a Board of Zoning Appeals consisting of five members and designated its Chairperson. In the absence of a Chairperson, the Board of Zoning Appeals may designate a member to serve as Acting Chairperson. One of the members of such Board first appointed has held office for the term of one official year, one for the term of two official years, one for the term of three official years, one for the term of four official years and one for the term of five official years from and after their appointment. Their successors shall be appointed for terms of five years from and after the expiration of the terms of their predecessors in office. If a vacancy shall occur otherwise than by expiration of term, it shall be filled by the Board of Trustees by appointment for the unexpired term. The Mayor shall have the power to remove any member of the Board for cause. No person who is a member of the Board of Trustees of the Village of Hempstead shall be eligible for membership on the Village of Hempstead Board of Zoning Appeals.
[Amended 5-16-1995 by L.L. No. 5-1995]
C.
Appointment of alternate members of Board; terms of office; removal of members. The Board of Trustees shall appoint up to three alternate members of the Board of Zoning Appeals. Each appointment of an alternate member shall be for a term of one official year of the Village. If a vacancy shall occur otherwise than by expiration of term, it shall be filled by the Board of Trustees by appointment for the unexpired term. It shall be the responsibility of an alternate member of the Board of Zoning Appeals to serve in the place and instead of any regularly appointed member of such board who is unable to serve due to absence, disqualification, resignation or conflict of interest. Such service shall be temporary in nature and be limited to a specific meeting, or a specific case, and shall be permitted only for the purpose and to the extent necessary to achieve a quorum. Such alternate members may participate in decisionmaking only to the extent necessary and only after they have been thoroughly informed of the facts and law of the case. Insofar as practicable, the service of such alternate members of the Board shall rotate among them. The Mayor shall have the power to remove any alternate member of the Board for cause. No person who is a member of the Board of Trustees of the Village of Hempstead shall be eligible to serve as an alternate member of the Village of Hempstead's Board of Appeals.
[Amended 5-16-1995 by L.L. No. 5-1995[1]]
[1]
Editor's Note: This local law also provided for the relettering of former Subsections C through G as D through H, respectively.
D.
Meetings. All meetings of the Board of Zoning Appeals shall be held at the call of the Chairperson and at such other times as such Board may determine. Such Chairperson, or, in his absence, the Acting Chairperson, may administer oaths and compel the attendance of witnesses. The Clerk and Counsel to the Board are hereby also authorized to administer oaths. All meetings of such Board shall be open to the public to the extent provided in Article 7 of the Public Officers Law of the State of New York. Such Board shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions. A quorum shall consist of three members.
E.
Records. Every rule, regulation, amendment or repeal thereof, order, requirement, decision or determination of the Board shall immediately be filed in the office of the Village Clerk and shall be a public record.
F.
Assistance to Board. Such Board shall have the authority to call upon any department, agency or employee of the Village for such assistance as shall be deemed necessary and as shall be authorized by the Board of Trustees.
G.
Rules. The Board of Zoning Appeals shall adopt rules as to the manner of filing appeals and applications for variances, special exceptions and any other business properly brought before it.
H.
Compensation. Compensation for the members and alternate members of the Board of Zoning Appeals shall be fixed by the Board of Trustees. No compensation shall be paid to any member or alternate member of the Board of Zoning Appeals for attending more than one meeting during any one month without the prior consent of the Board of Trustees. No compensation shall be paid to any member for any meeting he or she does not attend. No compensation shall be paid to any alternate member for any meeting he or she attends unless he or she is acting in his or her official capacity as a Board member pursuant to Subsection C above.
[Amended 5-16-1995 by L.L. No. 5-1995]
I.
The Board of Zoning Appeals shall have the power to appoint a Secretary.
[Added 5-5-2009 by L.L. No. 2-2009]
§ 139-138 Powers and duties.
A.
In addition to its jurisdiction in applications and appeals pursuant to the Village Law of the State of New York, the Board of Zoning Appeals may, subject to appropriate conditions and safeguards and after public hearing, determine and vary the application of the regulations herein established in harmony with their general purpose and intent, as follows:
(1)
Grant a permit, or direct the granting of a permit, wherever it is provided in this chapter that the approval of the Board of Zoning Appeals is required.
(2)
Where a district boundary line divides a lot in a single and separate ownership, the Board of Zoning Appeals may permit the less restricted use to extend to the whole or any part of such lot. The Board of Zoning Appeals shall consider such application as though it were an application for an area variance.
(3)
Permit the extension of a nonconforming use or the enlargement of a nonconforming building upon the lot occupied by such use or building at the time of the enactment of the ordinance restricting the use.
(4)
Permit a public utility facility in any business district.
(5)
Grant a variance of the depth requirements of the front yard on one side of a corner lot in Residence AAA, AA and A Districts where the lot is less than 75 feet in width and has been held in single and separate ownership continuously since June 4, 1940.
(6)
Grant a variance of the depth requirements of the front yard on one side of a corner lot in a Residence B District where the lot is less than 70 feet in width and has been held in single and separate ownership continuously since June 4, 1940.
(7)
Grant a special exception permitting greater horsepower than permitted in this chapter or the use of an internal combustion engine.
(8)
Grant a variance of the provisions of § 139-13, provided that such construction and use are appropriate in the light of the general objectives of this chapter and the welfare of the community or the area affected as a whole, and that the application may be granted without unduly contravening such objectives, and that the permanent elimination of the use or structure would cause substantial hardship to the owner.
B.
Whenever the Board of Zoning Appeals imposes conditions upon the granting of an application, unless a time is specified by the Board within which the conditions must be met, then such conditions shall be met within 60 days after the date of the granting of said application. Unless each of the conditions is duly complied with, said application shall automatically become null and void, and the records of the Board shall be endorsed to indicate that said application was denied.
C.
Whenever the Board of Zoning Appeals imposes conditions upon the granting of an application and such conditions are initially met, but thereafter any one or more of such conditions is not complied with, the Board of Zoning Appeals is authorized to declare the grant which was subject to such conditions null and void after a hearing by the Board upon notice to interested parties.
D.
Whenever an application or grant is determined to be null and void pursuant to this section, it shall be the duty of the Superintendent of the Building Department to examine the subject premises in order to ascertain whether there may be any violation of this chapter.
§ 139-139 Standards for consideration.
A.
The Board of Zoning Appeals, in passing upon applications in cases provided for in this chapter shall, in addition to the general considerations established by the Village Law and this Code, give consideration to the following factors and shall not approve an application unless it shall find in each case that the proposed use or the proposed change:
(1)
Will not prevent the ordinary and reasonable use or depreciate the value of adjacent or nearby properties.
(2)
Will not adversely affect the health, safety, general welfare, comfort, convenience or order of the Village.
(3)
Will not alter the essential character of the neighborhood where the property is located.
(4)
Is in harmony with and promotes the general purpose and intent of this chapter.
B.
In addition to the foregoing general standards, in considering such applications, the following specific standards shall be applied in appropriate cases. The proposed structure or use:
(1)
Will not unduly restrict the access of light and air to the premises and to adjoining properties.
(2)
Will not create a hazard to air traffic.
(3)
Will not create a traffic hazard by unduly obstructing the vision of motorists approaching an intersection or otherwise.
(4)
Will not obstruct or impair the performance of municipal officials or the Fire Department in performing their functions in connection with the premises or nearby premises.
(5)
In the case of a hospital or sanatorium, is suitable to such use from the standpoint of the quietness of the surroundings and that the necessity for quiet will not unduly restrict the normal uses of the neighboring properties, and that such use is appropriate, considering the size and character of the buildings in the vicinity, especially those whose use involves some hazard from fire or other source.
(6)
Will not create or augment undue traffic or parking congestion.
(7)
Will not create the hazard of fire or other disaster nor unduly increase the difficulty of combating or controlling any such disaster.
(8)
Will not endanger the safety of pedestrians, other users of the public right-of-way and persons in or upon adjoining properties.
(9)
Is proper, considering the size and character of the buildings in the vicinity, especially those frequented by the public.
(10)
Will not endanger the health or safety of employees and other users of the establishment.
(11)
Will not cause excessive light, noise, vibration, noxious fumes or any other offensive, noxious or deleterious condition which will affect the use of surrounding properties.
(12)
Will not make undue demands upon public facilities, especially water supply, sewage disposal, police protection or schools.
§ 139-140 Obtaining and duration of permit.
A.
Whenever the Board of Zoning Appeals shall grant a variance, special exception or other application, such approval shall automatically expire unless, within six months after the granting of the same or such lesser period of time as may be imposed by the Board, a permit shall have been applied for and obtained pursuant thereto and in accordance with the requirements of the Village of Hempstead governing such applications. If the permit is not obtained within said time period, the Board of Zoning Appeals shall be empowered to extend the time to obtain the same.
B.
Any application granted by the Board of Zoning Appeals for which a permit shall have been duly issued as provided in Subsection A above shall expire and all rights pursuant to said permit and the underlying grant of the Board of Zoning Appeals shall terminate if said permit shall expire as provided in § 50-13 of this Code.