Hillburn City Zoning Code
ARTICLE XIV
Zoning Board of Appeals
§ 250-66 Establishment.
Pursuant to § 7-712 of the Village Law of the State of New York, there shall be a Zoning Board of Appeals consisting of five members, and two alternates each to be appointed for a term of five years by the Board of Trustees. The Zoning Board of Appeals shall select a Chairperson and a Secretary from its own membership. The Zoning Board of Appeals already established shall continue to function under the provisions of this chapter, and the members thereof may continue in office until their respective terms expire. No member of the Zoning Board of Appeals shall be a member of the Board of Trustees. Any vacancy occurring during any term shall be filled by the Village Board of Trustees for the unexpired term only.
§ 250-67 Procedure.
A.
Rules of procedure. Procedure on all appeals, petitions and other matters before the Zoning Board of Appeals shall be governed by the provisions of Village Law and by such rules of procedure as may be officially adopted by the Board.
B.
Written appeals. All appeals and applications made to the Zoning Board of Appeals shall be in writing, on forms prescribed by the Board, and shall be accompanied by the required fee in accordance with the schedule of fees of the Village of Hillburn.
C.
Specific basis for appeal. Every appeal or application shall include a copy of the specific provisions of the local law or ordinance involved and shall exactly set forth the interpretation that is claimed, the details of the variance that is applied for, and the grounds on which it is claimed that the variance should be granted.
D.
Obtaining consent. Under no circumstances shall the Board require any applicant or appellant appearing before it to obtain the signature or consent of any person, whether or not residing or having property in the vicinity of the property described in the application or appeal, as a condition of Board approval.
§ 250-68 Powers and duties.
A.
The Zoning Board of Appeals shall perform all the duties and have all the power prescribed by Village law and by this chapter, and specifically the following:
(1)
Hear and decide appeals from and review any order, requirement, decision or determination of the Code Enforcement Officer.
(2)
Hear and decide all matters referred to it by the Code Enforcement Officer.
(3)
Decide any question involving the interpretation of any provision of this chapter, including the location of a district boundary line on the Zoning Map.
B.
In exercising the above-mentioned powers and duties, the Zoning Board of Appeals may, in conformity with Village law, reverse, affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from, and make such order, requirement, decision or determination as ought to be made, and to that end have all the powers of the administrative officer from whom the appeal is made. The concurring vote of a majority of the entire Zoning Board of Appeals, namely, an affirmative vote of at least three members, shall be necessary in order to reverse a decision of the Code Enforcement Officer or authorize a variance from the terms of this chapter.
C.
The Board may employ such clerical or other assistance as may be necessary, provided that it shall not at any time incur expense beyond the amount of the appropriation made and then available for that purpose.
§ 250-69 Referral to Village Planning Board.
The Zoning Board of Appeals may transmit to the Chairperson of the Village Planning Board a copy of any appeal or application. The Village Planning Board may submit to the Zoning Board of Appeals an advisory opinion on said appeal or application at any time prior to the public hearing, and such opinion, if submitted, shall be made known to the public at such hearing and made part of the official record thereof.
§ 250-70 Referral to Rockland County Department of Planning.
A.
Matters to be referred. In accordance with § 239 et seq. of the General Municipal Law of the State of New York, any application for a variance for real property lying within a distance of 500 feet of the following shall be referred to the Rockland County Department of Planning not less than 35 days prior to a public hearing.
(1)
The boundary of any other municipality.
(2)
The boundary of any existing or proposed county or state park or other recreation area.
(3)
The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway.
(4)
The existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines.
(5)
The existing or proposed boundary of any county- or state-owned land in which a public building or institution is situated.
B.
Rockland County Department of Planning recommendation. Failure of the Rockland County Department of Planning to report its recommendations within 30 days after receipt of a full statement of such referred material or such longer period as may have been agreed upon by it and the Zoning Board of Appeals shall be construed as approval.
C.
Effect of negative report. If the Rockland County Department of Planning disapproves the proposed variance or recommends modification thereof, the proposal shall not become effective except by a vote of a majority plus one of all members of the Zoning Board of Appeals and after adoption by the Board of a resolution fully setting forth the reasons for such contrary action.
D.
Report filing. A report of the decisions of the Zoning Board of Appeals shall be filed with the Rockland County Department of Planning if referral was initially required.
§ 250-71 Public hearing.
A.
Prior to taking action on any matter relating to this chapter, a public hearing shall be held after public notice in the manner provided by § 7-712 of the Village Law, and no action shall be taken respecting such matter until all interested parties present at the hearing shall have been given an opportunity to be heard.
B.
Public hearing notice. For any public hearing that is required to be held by the Zoning Board of Appeals, the following procedures shall apply with regard to public notices:
(1)
The Zoning Board of Appeals shall mail notice of said hearing to the applicant at least 10 days prior to the hearing.
(2)
The Zoning Board of Appeals shall cause public notice of said hearing to be published in a newspaper of general circulation in the Village at least five days prior to the date thereof.
(3)
The applicant shall transmit a notice of the public hearing via certified mail to the record owner of each property within 200 feet of the property for which the public hearing is being heard.
(4)
Notice of the public hearing shall be sent via first-class mail no less than seven calendar days prior to the date on which the public hearing is opened.
(5)
The applicant shall provide a certificate of mailing prior to the public hearing being opened.
(6)
The cost of all mailings and publishing of the notice shall be borne by the applicant.
§ 250-72 Decisions.
A.
The final disposition of any matter by the Board shall require the concurring vote of a majority of the entire Board; except, however, that variance requests for which the Rockland County Department of Planning issued a negative report shall require a concurring vote of a majority plus one of the entire Board. Every decision of the Zoning Board of Appeals shall set forth the circumstances of the case and shall contain a full record of the findings on which the decision is based.
B.
All the provisions of this chapter relating to the Zoning Board of Appeals shall be strictly construed; the Board, as a body of limited jurisdiction, shall act in conformity with all provisions of law and of this chapter and in strict compliance with all limitations contained herein; provided, however, that no applicant or appellant who shall substantially observe the procedural requirements set forth in this chapter shall be deprived of the right of application or appeal.
§ 250-73 Minutes and records.
The Secretary shall keep minutes of the Board's 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 official actions filed under the property owner's name and lot and block number, with case number, if any, together with all documents pertaining thereto. Every rule, regulation, 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.
§ 250-74 Variances.
A.
Power of Zoning Board of Appeals. Where strict application of any of the requirements of this chapter, in the case of exceptionally irregular, narrow, shallow or steep lots, or other exceptional physical conditions, would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of his land or building, but in no other case, the Zoning Board of Appeals shall have the power in passing upon appeals to grant a variance to any of the regulations or provisions of this chapter relating to the area, bulk, construction or alteration of buildings or structures, or the use of land and buildings, so that the spirit of this chapter shall be observed, public health, safety and welfare secured and substantial justice done. In no case shall the granting of a variance include site plan or subdivision approval by the Zoning Board of Appeals.
B.
Granting of variance. A variance shall be granted by the Zoning Board of Appeals only if it finds:
(1)
That there are special physical conditions, such as exceptional narrowness, shallowness, shape, topographic or subsurface conditions, or other extraordinary or exceptional situations or conditions fully described in the findings, applying to the particular land or building for which the variance is sought and that said circumstances or conditions are peculiar to such land or buildings and do not apply generally to land or buildings in the neighborhood and have not resulted from any act of the applicant or any predecessor in title or interest and that said circumstances or conditions are such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of such land or building.
(2)
In granting of any variance, the Zoning Board of Appeals shall prescribe such conditions that it deems to be necessary or desirable to assure that the granting of the variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood or property values therein, will not change the character of the neighborhood, or be otherwise detrimental to the public welfare.
(3)
In no case shall a variance be granted solely for reason of additional financial gain on the part of the owner of the land or building involved.
(4)
Unless work is commenced and diligently pursued within six months of the date of granting of a variance, the variance shall become null and void. Upon application, and for good reason shown, the Zoning Board of Appeals may extend the validity of the approval by not more than two consecutive periods of three months from the date of original approval.
C.
Area variance. Where because of practical difficulty an applicant requests a variance of the lot area or other dimensional requirements of this chapter, the Board may grant a variance in the application of the provisions of this chapter in the specific case, provided that, as a condition to the grant of any such variance, the Board shall make a specific finding that the application of the requirements of this chapter to the land in question creates such practical difficulty. The Board of Appeals, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. In making its determination, the ZBA shall make each and every one of the following findings:
(1)
Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance;
(2)
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
(3)
Whether the requested area variance is substantial;
(4)
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
(5)
Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the ZBA but shall not necessarily preclude the granting of the area variance.
D.
Use variances. Where, because of unnecessary hardship relating to the land, an applicant desires to utilize land for a use not allowed in the district in which the land is located, the Board may grant a use variance. The ZBA, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proved by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. The ZBA shall make each and every one of the following findings:
(1)
The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;
(2)
That the alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood;
(3)
That the requested use variance, if granted, will not alter the essential character of the neighborhood; and
(4)
That the alleged hardship has not been self-created.
§ 250-75 Appeals from decisions of the ZBA.
Pursuant to § 7-712 of the Village Law, an appeal under the provisions of Article 78 of the Civil Practice Law and Rules from a decision of the Zoning Board of Appeals must be instituted within 30 days following the date of filing of such decision in the office of the Village Clerk.