Highland Falls City Zoning Code
ARTICLE XI
Board of Appeals
§ 240-61 Organization.
Pursuant to an Intermunicipal Cooperation Agreement between the Town of Highlands and the Village of Highland Falls, there is hereby created a Board of Appeals to be known and designated as the "Consolidated Zoning Board of Appeals of the Town of Highlands and Village of Highland Falls."
A.
The Consolidated Board of Appeals shall consist of five members to be appointed and reappointed by the Town Board of the Town of Highlands and the Board of Trustees of the Village of Highland Falls in accordance with the provisions of the Intermunicipal Cooperation Agreement, as may be amended.
[Amended 10-21-2013 by L.L. No. 2-2013]
B.
The Consolidated Board of Appeals shall have all the powers and duties prescribed by law, by the provisions of the this chapter, the provisions of the Zoning Ordinance of the Town of Highlands and as provided in the Intermunicipal Cooperation Agreement.
C.
The Consolidated Board of Appeals shall appoint a secretary and shall prescribe rules for the conduct of its affairs.
§ 240-62 Jurisdiction.
A.
The Board shall have jurisdiction over those matters properly brought for determination to a Zoning Board of Appeals concerning property within the Town of Highlands and Village of Highland Falls and to make a determination thereof in accordance with their respective zoning codes, New York State Law and the provisions of the Intermunicipal Cooperation Agreement.
B.
The Consolidated Zoning Board of Appeals shall hear and determine all matters submitted to it in accordance with the law applicable to the property which is the subject of the application and, in particular, the Town Law of the State of New York and Village Law of the State of New York, this chapter and the Town Zoning Ordinance. The matters submitted to the Consolidated Zoning Board of Appeals include:
(1)
To vary or modify the application of the requirements or provisions of the Town zoning code or this chapter, including the grant or denial of specific types of variances set forth in the respective zoning codes, which requirements or provisions have caused a denial of a permit, certificate or other form of approval by the Building Inspector of the respective municipality. Such application for a variance shall be heard and decided in accordance with applicable procedures set forth herein and by the laws of the State of New York, as may be amended.
(2)
To hear and determine any matter in which it is alleged that the Building Inspector of the respective municipality was in error in refusing to issue a building permit or certificate of occupancy as a result of misinterpreting the meaning, intent or application of any section or portion of the zoning ordinance or law of the municipality in which the property is located.
(3)
To hear and determine any matter in which the applicant alleges that the Building Inspector of the respective municipality was in error in his or her determination as to the exact location of a district boundary line on the Zoning Map of the respective municipality.
(4)
To hear and determine any matter in which the Building Inspector of the respective municipality appeals to the Consolidated Zoning Board of Appeals on the grounds of doubt as to the meaning or intent of any provision of the zoning code of the respective municipality or as to the location of a district boundary line on the Zoning Map.
(5)
To hear and determine any matter referred to it for hearing, recommendation or determination by the Board of Trustees of the Village or the Town Board of the Town by proper authority pursuant to ordinance, local law or resolution.
§ 240-63 Application and procedure.
A.
Form of application. Applications for any action by the Board of Appeals shall be submitted in the form required by the Board of Appeals and filed in the Town Clerk's office.
B.
Procedure.
(2)
The applicant is required to erect a white-with-black-lettering sign or signs measuring not less than two feet long and one foot wide, which shall be prominently displayed on the premises facing each public street on which the property abuts, giving notice that an application for an appeal is pending and the date, time and place where the public hearing will be held. The sign shall not be set back more than 10 feet from the property or street line and shall be not less than two nor more than six feet above the grade at the property line. The sign shall be made of durable material and shall be furnished by the Town Clerk. It shall be displayed for a period of not less than 10 days immediately preceding the public hearing date or any adjournment date. The applicant shall file an affidavit that he or she has complied with the provisions of this section.
(3)
If the land involved in an application is within 500 feet of the boundary of any other municipality, notice of the public hearing shall also be mailed to the Municipal Clerk of such other municipality.
(4)
The applicant shall cause notice of the public hearing to be mailed at least 10 days before the hearing to the owners of all property abutting any lot line of the property for which relief is sought and to the owners of all property directly across the street, and abutting the street, from any portion of the property for which relief is sought. Where there is any question whether a property may be considered directly across the street, notice shall be given to that property owner.
[Amended 7-2-2003 by L.L. No. 2-2003]
C.
Records. A record shall be established of all variances granted pursuant to action of the Consolidated Board of Appeals under this article. Each case shall be identified by a sequential numbering system and alphabetically by the applicant's name. Said files shall be available for public inspection.
D.
Minutes. The Consolidated Board of Appeals 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. The Consolidated Board of Appeals shall keep records of its examinations and official actions, all of which shall be filed in the Town Clerk's office and Village Clerk's office and shall be a public record.
E.
Time limit. Building permits authorized by the Consolidated Board of Appeals' actions on variance cases shall be obtained within 90 days and shall automatically expire if construction under the permit is not started within 90 days of issuance and completed within one year. Extensions of these periods may be granted by the Consolidated Board of Appeals where good cause is shown.
F.
The fee for variance applications shall be as set forth in the fee schedule of the Town as amended from time to time.
§ 240-64 Standards.
In accordance with the Intermunicipal Cooperation Agreement with the Town of Highlands, the Consolidated Board of Appeals shall make a determination of those matters properly brought before the Board in accordance with the respective zoning codes, the provisions of New York State Law, of the municipality in which the property is located (either the Town of Highlands or the Village of Highland Falls) and make a determination thereof in accordance with the appropriate code and in accordance with the following standards:
A.
No application for a variance shall be granted by the Consolidated Board of Appeals unless it is shown that such application meets and satisfies the standards set forth in the provisions of the Town Law or the Village Law of the State of New York, as amended from time to time, whichever is applicable and in effect at the time of the filing of the variance application.
B.
In addition, in the granting of any such variance the Consolidated Board of Appeals may impose such further reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property, provided that 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.
C.
The variance granted by the Consolidated Board of Appeals shall be the minimum variance it deems necessary and adequate to preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
§ 240-65 Effective date.
This article shall take effect upon the signing of the Intermunicipal Cooperation Agreement with the Town of Highlands and the filing of this chapter as required by law.