Lancaster City Zoning Code
ARTICLE VIII
Board of Appeals
§ 350-61 Creation and organization.
The Board of Appeals, consisting of five members, as constituted and empowered under § 7-712 of the Village Law on the effective date of this chapter, is hereby created. Vacancies occurring in such Board shall be filled in accordance with Village Law. The Board of Appeals shall have all the powers and shall perform all the duties prescribed by statute and by this chapter.
§ 350-62 Powers and duties.
[Amended 7-28-2008 by L.L. No. 5-2008]
The Board of Appeals shall hear and decide appeals where it is alleged that there is an error or misinterpretation in any order, requirement, decision or determination by any administrative official of the Village charged with the enforcement of the provisions of this chapter or Chapter 148. The Board of Appeals may reverse, modify or affirm, in whole or in part, any such order, requirement, decision or determination as in its opinion ought to be made in strictly applying and interpreting the provisions of this chapter, and for such purposes shall have all the powers of the officer from whom the appeal is taken.
§ 350-63 Appeals for variance.
[Amended 2-14-2005 by L.L. No. 1-2005]
An appeal for a variance shall be resolved in accordance with the provisions of Village Law § 7-712-b.
§ 350-64 Special use permits.
[Amended 4-27-1981 by L.L. No. 2-1981; 10-22-2018 by L.L. No. 7-2018]
A. AUTHORIZED BOARD PERMANENT SPECIAL USE PERMIT SPECIAL USE PERMIT TEMPORARY SPECIAL USE PERMIT
Definitions. For the purpose of § 350-64, certain terms or words used herein shall be interpreted or defined as follows:
The Village Board of Trustees or Village Planning Commission before which an application is pending for issuance of a temporary special use permit or permanent special use permit.
A special use permit issued by the Village Board upon expiration of a temporary special use permit.
An authorization of a particular land use which is permitted by the Village of Lancaster Code subject to a requirement that a special use permit or special permit be obtained.
A special use permit issued by the Village Planning Commission. Subject to § 350-64B(1), a temporary special use permit is limited in its duration to one year from the date of issuance.
B.
Approval of temporary and permanent special use permits.
(1)
The granting of temporary and permanent special use permits shall be undertaken through a two phase process. The issuance of a permanent special use permit is conditioned upon the applicant first receiving a temporary special use permit which has not expired as of the time application is made for a permanent special use permit. The term of the temporary special use permit shall be extended for the period during which the application for a permanent special use permit is pending. For good cause shown by the applicant, the Village Board may consider an application for a permanent special use permit as to a temporary special use permit which expired prior to the applicant's application for a permanent special use permit.
(2)
No temporary or permanent special use permit shall be granted unless such proposed special use:
(a)
Will be in harmony with the orderly development of the district, taking into account the location and size of use, the nature and intensity of the operations involved in or conducted in connection with it and the size of the site in respect to streets giving access thereto.
(b)
Will not tend to depreciate the value of adjacent property, taking into account the possibility of screening or other protective measures to protect adjacent properties in any R District.
(c)
Will not create a hazard to health, safety or general welfare.
(d)
Will not alter the essential character of the neighborhood nor be detrimental to the residents thereof.
(e)
Will not otherwise be detrimental to the public convenience or welfare.
(f)
Will be in accord with the Comprehensive Plan.
C.
Application for a temporary special use permit.
(1)
One seeking a temporary special use permit shall secure from the Village Building Inspector an application for a temporary special use permit to be considered by the Village Planning Commission.
(2)
If the application for a temporary special use permit proposes land use of a type listed at Village Code § 350-55B(1) through (9), the applicant shall, together with the applicant's application for a temporary special use permit, submit to the Planning Commission a site plan for the proposed development. Site plan review procedures as outlined in § 350-56C, D, E and F shall thereupon be followed.
(3)
If applicable, the applicant shall comply with the provisions of the New York State Environmental Quality Review Act under Article 8 of the New York State Environmental Conservation Law and its implementing regulations.
(4)
If a proposed temporary special use permit contains one or more features which would require an area variance, the applicant may apply to the Village Zoning Board of Appeals for an area variance pursuant to New York State Village Law § 7-712-b, without the necessity of a decision from the office of the Village Building Inspector. The application for an area variance may be made to the Zoning Board of Appeals while the application for a temporary special use permit is pending. The Planning Commission may grant a temporary special use permit conditioned and effective upon an area variance granted by the Zoning Board of Appeals.
(5)
The Planning Commission shall conduct a public hearing and render its decision in accord with the provisions of § 350-64E(1) through (3). To be considered shall be the criteria set forth in § 350-64B(2). In addition to the public hearing requirements set forth at § 350-64E(1), the Planning Commission shall arrange that written notice of a public hearing by the Commission be mailed or otherwise delivered to all residential and commercial developed premises within 150 feet of the boundary lines of the premises which is the subject of the application for the temporary special use permit. Said written notice shall be mailed or delivered not later than 20 days prior to the public hearing and shall identify the subject premises and the date, time and place of the public hearing.
D.
Application for a permanent special use permit
(1)
If a temporary special use permit has been granted to the applicant by the Village Planning Commission, an applicant may, not sooner than 90 days prior to the expiration of a temporary special use permit, apply to the Village Board for a permanent special use permit. One seeking a permanent special use permit must be the recipient of a temporary special use permit and shall secure from the Village Building Inspector an application for a permanent special use permit to be considered by the Village Board. An applicant for a permanent special use permit must, upon its application, inform the Village Board of conditions or restrictions imposed by the Planning Commission upon issuance of the temporary special use permit.
(2)
The Village Board shall conduct a public hearing and render its decision in accord with the provision of § 350-64E(1) through (3). To be considered shall be the criteria set forth in § 350-63B(2) as may be informed by developments occurring since the issuance of the temporary special use permit.
E.
General provisions.
(1)
Public hearing and decision on special use permits. The authorized board shall conduct a public hearing within 62 days from the day an application is received on any matter referred to it under § 350-64. Public notice of said hearing shall be printed in a newspaper of general circulation in the Village at least five days prior to the date thereof. The authorized board shall decide upon the application within 62 days after the hearing. The time within which the authorized board must render its decision may be extended by mutual consent of the applicant and the board. The decision of the authorized board on the application after the holding of the public hearing shall be filed in the office of the Village Clerk within five business days after such decision is rendered, and a copy thereof shall be mailed to the applicant. When a temporary special use permit has been granted by the Planning Commission, the decision of the Planning Commission mailed to the applicant shall be accompanied by notice to the applicant of the expiration date of the temporary special use permit and include the following language: "Not sooner than 90 days prior to the expiration of this temporary special use permit, the certificate holder may apply for a permanent special use permit [Village Code § 350-64D(1)]. The term of the temporary special use permit shall be extended for the period during which the application for a permanent special use permit is pending [Village Code § 350-64B(1)]." The Village Clerk shall promptly advise the Village Board when a temporary special use permit has been granted by the Planning Commission. If the temporary special use permit relates to an application to conduct outdoor service of food or drink by an eating or drinking establishment pursuant to Article XII of Chapter 350 of the Village Code, the Village Clerk shall advise the Village Board of Board's authority to require a financial guarantee per § 350-96A of the Village Code.
[Amended 1-9-2023 by L.L. No. 1-2023]
(2)
Conditions attached to the issuance of special use permits. The authorized board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed special use permit.
(3)
Notice to applicant and County Planning Board or Agency or Regional Planning Council. At least 10 days before such hearing, the authorized board shall mail notices thereof to the applicant and to the County Planning Board or Agency or Regional Planning Council, as may be required by § 239-m of the New York State General Municipal Law, which notice shall be accompanied by a full statement of such proposed action, as defined in Subdivision 1 of § 239-m of the New York State General Municipal Law
(4)
Court review. Any person aggrieved by a decision of the authorized board may apply to the Supreme Court for review by a proceeding under Article 78 of the New York State Civil Practice Law and Rules. Such proceedings shall be instituted within 30 days after the filing of a decision by such authorized board in the office of the Village Clerk.
F.
Expiration and revocation of a temporary or permanent special use permit.
(1)
A temporary or permanent special use permit shall be deemed to authorize only one particular special use and shall expire if the special use shall cease for more than six months for any reason.
(2)
A temporary special use permit shall not be transferable, assignable or otherwise pass on to any other person than the person to whom the permit is granted.
(3)
A temporary or permanent special use permit may be revoked by the Village Board upon a showing that false information was provided by the applicant upon application for a temporary or permanent special use permit or upon the adjudication by a court of competent jurisdiction that the applicant, user or occupant of the subject premises, violated any provision of this Chapter 350 with respect to such premises.
§ 350-65 Modification of regulations.
A.
Reduction of parking spaces for places of assembly. The Board of Appeals may authorize a reduction of not more than 50% in the number of required off-street parking spaces for places of assembly when located on the same lot with other uses, provided that in accordance with the times of operation and times of peak demand there will be no conflict in the joint use of such off street parking.
B.
Reduction of spaces where public parking facilities are available. Where public off-street parking facilities are available, other than parking provided for a public building, the Board of Appeals may reduce, on a pro rata basis, the parking requirements for all uses within 600 feet of any boundary of such public parking facility.
C.
Exception from exterior side yard requirements. The Board of Appeals may modify the exterior side yard requirements for principal buildings on deep corner lots, provided that the following findings are made:
§ 350-66 Exceptions.
The requirement for a special permit shall not apply to any use lawfully existing on the effective date hereof or, in the case of a special permit for a cemetery, to land owned by a cemetery or religious corporation and which, on the effective date of this ordinance, was dedicated for cemetery purposes.
§ 350-67 Rules of conduct and procedure.
The Board of Appeals, consistent with law and ordinance, may adopt rules of conduct and procedure.
§ 350-68 Filing appeals.
[Amended 2-14-2005 by L.L. No. 1-2005]
An appeal to the Board of Appeals from any ruling of any administrative officer charged with the enforcement of this chapter shall be taken by any person aggrieved or by an officer, department, board or bureau of the Village. Such appeal shall be taken, within such time as shall be prescribed by § 7-712(a)(5) of the Village Law, by filing with the officer from whom the appeal is taken and with the Board of Appeals a notice of appeal specifying the ground thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board of Appeals all the papers constituting the record upon which the action appealed from was taken.
§ 350-69 Applications.
An application for any matter upon which the Board of Appeals is required to pass may be made to the Village Clerk by the owner, tenant, or a duly authorized agent, of the property for which such appeal or application is sought.
§ 350-70 Meetings, witnesses and records.
A.
Meetings of the Board of Appeals shall be held at the call of the Chairman and at such other times as the Board of Appeals may determine. All meetings shall be open to the public. The Chairman of the Board of Appeals or, in his absence, the Acting Chairman may administer oaths and compel the attendance of witnesses.
B.
The 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, and shall keep records of its examination and other official action. Every rule, regulation, every amendment or repeal thereof and every order, requirement, decision or determination of the Board of Appeals shall immediately be filed in the office of the Village Clerk and shall be public record.
§ 350-71 Stay of proceedings.
Any appeal to the Board of Appeals shall stay all proceedings in furtherance of the action appealed from, except as otherwise provided in § 7-712 of the Village Law.
§ 350-72 Public hearings and notices of public hearings.
[Amended 4-27-1981 by L.L. No. 2-1981; 10-26-1981 by L.L. No. 7-1981; 11-13-2017 by L.L. No. 8-2017; 8-24-2020 by L.L. No. 4-2020]
A.
The Board of Appeals shall fix a reasonable time for a hearing of an appeal pursuant to § 350-62, an application for a variance pursuant to § 350-63, or a request for modifications of regulations pursuant to § 350-65 and shall give public notice thereof by publication in the official paper and by posting of the hearing notice at the Village Municipal Building at least seven days prior to the date of such hearing. Further, the Board of Appeals shall mail five copies of the hearing notice to the applicant with an affidavit of mailing to be completed by the applicant with notice to the applicant of the following notice requirement: the applicant shall, at least seven days before such hearing, mail a copy of the hearing notice to the owners of all bordering properties, including properties on a different street, as shown by the records of the Town Assessor, and the applicant shall file with the office of the Village Clerk not later than one day before the hearing a completed affidavit of mailing affirming that the applicant has mailed a copy of the hearing notice to the owners of all bordering properties as shown by the records of the Town Assessor.
B.
The Board of Appeals shall also give prompt notice of the hearing to the Village Code Enforcement Officer so that the Village Code Enforcement Officer may complete the following notice requirement. At least seven days prior to the first public hearing, the Village Code Enforcement Officer shall erect a sign on the property at issue not less than two feet by two feet in size facing the street of the property's address. The sign shall bear the words "Notice — A hearing on an application relating to zoning as to this property has been scheduled before the Village of Lancaster Zoning Board of Appeals. For additional information call the Village of Lancaster Clerk's Office" together with the Village Clerk's telephone number. The sign shall remain posted until the conclusion of the final public hearing before the Zoning Board of Appeals.
§ 350-73 Decisions and vote of Board.
The concurring vote of a majority of the members of the Board of Appeals shall be necessary to reverse any order, requirement, decision or determination appealed from or to decide in favor of the applicant any matter upon which it is required to pass under this chapter or to effect any variation in this chapter. Every decision of the Board of Appeals shall be by resolution. Where findings are required, the decision shall set forth each required finding, supported by substantial evidence or other data considered by the Board of Appeals in each specific case, or in the case of denial, the decision shall include the findings which are not satisfied.
§ 350-74 Lapse of authorization.
[Amended 4-27-1981 by L.L. No. 2-1981]
Any variance or modification of regulations authorized by the Board of Appeals shall be automatically revoked unless a building permit conforming to all the conditions and requirements established by the Board of Appeals is obtained within six months of the date of approval by the Board of Appeals and construction commenced within one year of such date of approval.
§ 350-75 Violation of conditions or restrictions.
[Amended 4-27-1981 by L.L. No. 2-1981]
Failure to comply with any condition or restriction prescribed by the Board of Appeals in approving any appeal for a variance or a modification of regulations shall constitute a violation. Such violation may constitute the basis for revocation of a variance, special permit or modification or for imposing penalties and other applicable remedies.
§ 350-76 Fee.
The fee for an appeals case shall be as provided in Chapter 144, Fees, of the Code of the Village of Lancaster.