Hyde Park City Zoning Code
§ 108-33.5
Review procedure.
A.
Appellate jurisdiction. All appeals shall be taken within 60 calendar days after the filing of any order, requirement, decision, interpretation or determination of the Zoning Administrator by filing with such officer and with the Zoning Board of Appeals a notice of appeal, specifying the grounds thereof and the relief sought. The Zoning Administrator shall forthwith transmit to the Zoning Board of Appeals all the papers constituting the record upon which the action appealed from was taken.
B.
SEQRA. The Zoning Board of Appeals shall be the lead agency in any action initiated under these procedures.
C.
Public hearing. The Zoning Board of Appeals shall conduct a public hearing within 62 days from the date that the application, or notice of appeal, is received and give public notice thereof by publication in the official paper of a notice of such hearing, at least five days prior to the date thereof, and shall, at least five days before such hearing, mail notices thereof to:
[Amended 8-24-2009 by L.L. No. 2-2009]
(1)
The parties;
(2)
The owners of the properties within 150 feet of all property lines of the subject property;
(3)
The regional state park commission having jurisdiction over any state park or parkway within 500 feet of all property lines of the subject property;
(4)
The Dutchess County Planning Department as required by § 239-m of the General Municipal Law; and
(5)
The owners of land as identified by the applicant in any agriculture data statement.
D.
Decisions. The Zoning Board of Appeals shall decide upon any appeal or other matter within 62 days after the final hearing thereon.
(1)
Every rule, regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Zoning Board of Appeals shall be filed in the office of the Town Clerk within five business days and shall be a public record.
(2)
The decision of the Zoning Board of Appeals on any appeal shall be filed in the office of the Town Clerk within five business days after the day such decision is rendered, and a copy thereof mailed to the applicant.
E.
Imposition of conditions. The Zoning Board of Appeals shall, in the granting of any variance, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. 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 such variance may have on the general neighborhood or community.
F.
Lapse provision.
[Amended 8-24-2009 by L.L. No. 2-2009]
(1)
Variances run with the land. In order to ensure that, in the event conditions have changed after a significant delay in commencing the activity authorized by a variance, the Zoning Board of Appeals will have the opportunity to reappraise the proposal by the applicant in light of the then-existing facts and circumstances, any variance under which the authorized activity has not commenced within one year from the date of issuance is hereby declared to be revoked without further hearing or action by the Zoning Board of Appeals. This shall include any variance issued or granted prior to the enactment of this amended chapter.
(2)
The Zoning Board of Appeals may, in its discretion, after conducting a public hearing, grant an extension to a variance. The applicant shall submit a written request not less than 30 days prior to the variance date of expiration, requesting an extension for a specified time and the reason therefor. In granting the extension, the Zoning Board of Appeals may require revision of the previously approved variance to comply with current regulations and conditions.
(3)
The Zoning Board of Appeals shall render a decision, in writing, to the applicant and the other appropriate agencies within 45 days of closing the public hearing; provided, however, that the time within which the Zoning Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Board.
G.
Area variance public hearing.
[Added 5-1-2017 by L.L. No. 1-2017]
(1)
Notwithstanding the provisions set forth in § 108-33.5C, the Chairperson of the Zoning Board of Appeals shall have the power to schedule a date for a public hearing involving an area variance application for a single-family residence, provided the Chairperson makes the following determination:
(a)
The application for the area variance is complete and ready for public review;
(b)
The Zoning Administrator has reviewed the application and has given his or her consent to the scheduling of a public hearing without the necessity for a formal vote of the Zoning Board of Appeals;
(c)
That the application for the area variance does not require the review or input of the attorney to the Zoning Board or the Town engineer; and
(2)
A Vice Chairperson of the Zoning Board of Appeals, in fulfilling the duties of the Chairperson, shall have the same powers as the Chairperson pursuant to this section.