Lindenhurst City Zoning Code
ARTICLE XV
Board of Appeals
§ 193-158 Appointment; ad hoc members.
[Amended 1-6-1976 by L.L. No. 3-1976; 5-24-1976 by L.L. No. 7-1976; 6-16-1992 by L.L. No. 2-1992]
A.
The Board of Trustees shall provide for the appointment of a Board of Appeals, consisting of five members, each to be appointed in accordance with the requirements of the Village Law of the State of New York.
B.
Ad hoc members.
[Added 9-6-2005 by L.L. No. 7-2005]
(1)
In addition to regular members appointed and serving, the Village Board of the Village of Lindenhurst shall appoint one temporary Ad Hoc Member to the Zoning Board of Appeals to serve as provided herein. Said ad hoc member shall attend meetings of the Board as required, and the Chairman of the Zoning Board of Appeals shall designate the ad hoc member as an acting member as necessary when the absence of regular members of the Board or a conflict of interest of regular members of the Board would otherwise prevent five members of the Board from considering any pending matter. Once designated to serve on a particular matter before the Board, the ad hoc member shall have the same powers and duties as the regular members of the Board until that matter is concluded. Any determination by the Board consisting of an ad hoc member shall have the same weight and be entitled to the same authority as the act or deed of the regular Zoning Board of Appeals, and all laws, statutes and regulations shall apply and be applied with equal force and effect. An ad hoc member appointed pursuant to this section shall be paid for his services as fixed by resolution of the Village Board.
(2)
An ad hoc member shall serve a two-year term expiring at the end of the official year. The Village Board shall have the power to remove any ad hoc member of the Zoning Board of Appeals for cause, after a public hearing if one is requested.
(3)
Although the ad hoc member of the Zoning Board of Appeals is authorized to attend all meetings of the Zoning Board of Appeals, he shall have no powers to participate in any actions of the Zoning Board of Appeals except as provided herein.
§ 193-159 Powers and duties.
The Board of Appeals may, in a specific case after public notice and hearing and subject to appropriate conditions and safeguards, determine and vary the application of the regulations herein established in harmony with their general purpose and intent as follows:
A.
Grant a permit wherever it is provided in this chapter that the approval of the Board of Appeals is required.[1]
B.
Grant or withhold permission for a special exception.
[Added 6-16-1992 by L.L. No. 2-1992]
C.
Exempt a proposed building, either in whole or in part, from the front yard requirements. This relief, however shall be granted only in cases where the proposed building adjoins, on either or both sides, existing buildings that do not conform to the minimum setback line.
D.
Grant a permit for any public utility in any district.
E.
Perform such other acts as follows:
[Added 9-17-1973; amended 10-28-1975 by L.L. No. 23-1975; 8-23-1976 by L.L. No. 14-1976; 8-7-1985 by L.L. No. 5-1985]
F.
Grant or withhold permission for a special exception pursuant to the provisions of Chapter 67, Dogs and Other Animals, Article V, Miscellaneous provisions. The Board of Appeals, in granting or withholding permission for a special exception under this section shall:
[Added 7-22-1975 by L.L. No. 17-1975]
(1)
Ascertain to its satisfaction that the harboring, keeping and maintaining of livestock or wild animals will or will not be compatible with the use in the district or be detrimental to or create a nuisance, health hazard or odorous and unsightly condition in the district.
(2)
Prescribe such conditions, time limits and safeguards as it deems necessary and appropriate in the circumstances.
(3)
Provide that any permission granted hereunder may be revocable by it at any time when, in its judgment, the circumstances and conditions upon which the permission was granted have already changed or the harboring, keeping and maintaining of such animals interferes with the safety, comfort, health, welfare and peace of the residents of the use district or of the Village.
§ 193-160 Granting of permits, special exception and variances.
[Added 9-17-1973; amended 6-16-1992 by L.L. No. 2-1992]
On all applications to the Board of Appeals for permits or special exceptions, in addition to other specific requirements, the Board shall consider the health, safety, convenience and general welfare of the Village. The standards to be considered by the Board of Appeals in making its determination of any matter under this chapter are whether the granting of the permit, special exception or variance applied for will be in harmony with the general purpose and intent of the chapter, in accordance with the comprehensive plan and design set forth in the chapter, to lessen congestion in the streets, to secure safety from fire, panic and other dangers, circumstances of the applicant to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, to facilitate the adequate provision of transportation, water, sewage, off-street parking, parks and other public requirements; and in accordance with reasonable consideration, among other things, as to the character of the district and its peculiar suitability for the particular use; and with a view to conserving the value of buildings and land and encouraging the most appropriate use of land throughout the municipality.
§ 193-161 Jurisdiction.
The appellate jurisdiction of the Board of Appeals shall be as stated in the Village Law.
§ 193-162 Rules for filing.
[Amended 6-16-1992 by L.L. No. 2-1992]
The Board of Appeals shall make rules as to the manner of filing appeals or applications for special exceptions or variance from the terms of this chapter.
§ 193-163 Filing fees.
[Amended 5-9-1967; 4-25-1978 by L.L. No. 1-1978; 8-20-1987 by L.L. No. 12-1987; 5-4-1993 by L.L. No. 7-1993; 12-1-2009 by L.L. No. 5-2009]
All applicants, in applying to the Board of Appeals for a variance due to refusal by the Building Inspector to issue a permit or for a special exception, shall pay to the Village of Lindenhurst a filing and advertisement fee established by resolution of the Village Board of Trustees.
§ 193-164 Public hearings.
[Amended 6-16-1992 by L.L. No. 2-1992]
Upon the filing with the Board of Appeals of an appeal or of an application for a permit, special exception or variance from the terms of this chapter, the Board of Appeals shall fix a time and place for a public hearing thereon and shall give notice thereof as follows:
A.
By publishing a notice thereof once a week for two weeks in a newspaper of general circulation published in the Village.
B.
By mailing a notice thereof to the Village Administrator Clerk.
C.
By mailing a notice thereof to every association of residents of the Village which shall have registered its name and address for this purpose with the Board of Appeals.
D.
By requiring the applicant to erect a notice sign as described within this chapter.
[Added 10-6-1998 by L.L. No. 3-1998]
E.
By requiring the applicant to mail a notice to the owners of property within 250 feet of the premises by certified mail, return receipt requested, in cases where a change of use is contemplated, or where an area variance is sought for any use other than single-family residence or two-family residence by permit. Proof of such notification must be submitted at least two days before the hearing.
[Added 6-20-2000 by L.L. No. 2-2000]
§ 193-165 Notice sign.
[Amended 6-16-1992 by L.L. No. 2-1992; 10-6-1998 by L.L. No. 3-1998]
A.
Signs notifying the public of hearings to be held by the Zoning Board of Appeals shall be posted by the applicant. Such signs shall be provided by the Village at a cost to be determined by resolution of the Village Board and paid for by the applicant. The sign shall read as follows:
NOTICE | |
APPLICATION HAS BEEN MADE FOR VARIANCE OR SPECIAL EXCEPTION AS FOLLOWS: | |
A public hearing will be held before the Board of Appeals of the Village of Lindenhurst on the above application on the ______ day of ____________, 20____ at ______ (a.m. or p.m.) at | |
Relief requested | |
Dated: _________________________ 19____ | |
Applicant | |
For further information, call the Board of Appeals, Village of Lindenhurst, at 957-7500. | |
B.
All signs shall be posted in accordance with the rules and regulations established by the Village of Lindenhurst Building Department. Failure to properly post such signs shall be grounds for the Zoning Board of Appeals to dismiss or postpone any application before the Board.
§ 193-166 Power to impose safeguards.
[Added 6-26-1972]
The Board of Appeals shall, in authorizing variances, special exceptions and other permissive uses, impose such conditions and safeguards as it may deem appropriate, necessary or desirable to preserve and protect the spirit and objectives of the Building Zone Ordinances.
§ 193-167 Contents of notice.
The notices required by § 193-164 shall state the location of the building or lot and the general nature of the question involved.