Kings Point Village
City Zoning Code
City Zoning Code
ARTICLE X
Board of Appeals
[Amended 7-1-1929; 9-9-1931; 1-17-1946]
§ 161-63 Appointment; membership; terms; rules.
[Amended 1-19-2023 by L.L. No. 1-2023; 8-20-2024 by L.L. No. 9-2024]
A.
A Board of Appeals shall be appointed by the Board of Trustees pursuant to the Village Law of the State of New York. Said Board shall consist of five members.
B.
Terms of members.
(1)
The terms of members shall be fixed so that such members serve for periods of two years.
(2)
Notwithstanding the provisions of Subsection B(1), members for terms of more than two years in office on the effective date of this section shall remain in office until the expiration of their present terms.
(3)
Supersession of Village Law. Pursuant to the authority granted to villages by Municipal Home Rule Law § 10(1)(ii)(e)(3), the provisions with regard to the terms of members of boards of appeals set forth in Subdivision 4 of § 7-712 of the Village Law are hereby superseded in their relation to the Village to the extent as set forth in this section.
C.
The Board of Appeals shall make rules as to the manner of filing appeals or applications for variances from the terms of this chapter.
D.
The Board of Trustees may appoint not more than three residents of the Village as alternate members of the Board of Appeals.
(1)
The terms of office of each of said members shall be two official years. If an appointment is made during an official year, such term shall end at the end of the following official year.
(2)
The chairperson of the Board of Appeals may designate an alternate member to substitute for a member when such member is unable to attend a meeting or to participate in an application because of a conflict of interest or otherwise.
(3)
When so designated, the alternate member shall possess all the powers and responsibilities of such member.
(4)
Such designation shall be entered into the minutes of the initial meeting at which the substitution is made.
§ 161-64 Powers and duties.
A.
Said Board of Appeals shall have the powers and duties set forth in said Village Law of the State of New York.
B.
Without limiting any of its powers and duties as set forth in said Village Law, the Board of Appeals is authorized in appropriate cases after public notice and hearing and subject to appropriate conditions and safeguards and in harmony with the general purpose and intent of this chapter to:
(1)
Grant a permit whenever it is provided in this chapter that the approval of the Board of Appeals is required.
(2)
Vary the application of the regulations herein established and establish appropriate requirements for lots less than the required area, in any district, existing at the effective date of this chapter, lots of exceptional topography, lots bordering upon the shoreline of the Village or lots of irregular shape having small frontage on any street and, in cases embraced within this subsection, the Board may determine for the purposes of this chapter, which of the open spaces shall be considered as the front yard, the side yards and the rear yard and, with respect to lots bordering upon the shoreline, the mean high-water line shall, for such purposes, be considered to be the property line of the lot.
(3)
Grant temporary and conditional permits of limited duration for nonconforming uses and buildings in undeveloped sections.
(4)
Permit any public utility in a restricted district.[1]
[1]
Editor's Note: Former Art. XI, as amended, which immediately followed this section, was repealed 6-17-1986 by L.L. No. 2-1986.
§ 161-65 Lapse of variance.
[Added 6-17-1986 by L.L. No. 2-1986; amended 5-12-2008 by L.L. No. 1-2008[1]]
A.
Except as provided in Subsection B hereof, every variance or conditional use or special exception permit granted by any Village board shall become null, void, and of no further force and effect unless:
[Amended 2-10-2014 by L.L. No. 2-2014]
(1)
Substantial construction of the building or other structure or alteration thereof has taken place in accordance with the plans upon which such variance or permit was based within three years after the meeting in which said variance or permit is granted.
[Amended 10-22-2020 by L.L. No. 10-2020]
(2)
If said variance or permit is not based upon any construction or alteration, the use so granted shall have been actually commenced upon the premises that was the subject of such variance or permit within one year after the meeting in which said variance or permit is granted.
(3)
If said variance relates to the size, frontage, width, or depth of a building lot for a parcel that had been a legal preexisting nonconforming building lot upon which a single-family detached dwelling had been in use within the previous five years, a new single-family detached dwelling is substantially constructed upon such building lot within five years after the decision granting said variance is filed in the office of the Clerk of the Village.
B.
Any such Village board, for good cause shown, or upon a showing of no change in law or facts upon which such board would then come to a different conclusion with regard to the subject application, may extend the time within which such substantial construction, alteration, or commencement of use must take place with respect to a variance or use permit granted by it, upon written application to it for such extension. In no event, however, shall the board grant an extension for more than three years beyond the original period hereinabove provided. In determining whether good cause exists for such extension, the Board shall consider, among other things, the nature and extent of the construction and the difficulties tending to delay construction or institution of the use.
C.
If conditions are imposed by any Village board in the granting of a variance or conditional use or special exception permit and those conditions are not completely effectuated within nine months from the date such board approved such grant, such grant shall be deemed null, void, and of no further force and effect unless such board, either at the time of such grant or subsequently thereafter, provides additional time for the effectuation of such conditions. An application for an extension of such nine-month period shall be made in writing to such board, and no notice to the public or public hearing shall be required in granting an extension.
[Added 4-9-2018 by L.L. No. 7-2018]
[1]
Editor's Note: This local law also provided that it shall apply to all variances and use permits granted within the five-year period immediately prior to its date of adoption.