Lynbrook City Zoning Code
ARTICLE XIV
Board of Appeals
§ 252-112 Establishment; general powers and duties.
[Amended 12-9-1991 by L.L. No. 13-1991; 10-16-1995 by L.L. No. 12-1995; 8-15-2011 by L.L. No. 8-2011]
A.
A Board of Appeals heretofore established is hereby continued in accordance with the provisions of the Village Law to consist of five members. The Board of Appeals shall hear and decide appeals from and review any order, requirement, decision or determination made by an administrative officer or board charged with the enforcement of any ordinance adopted pursuant to this chapter. It shall also hear and decide all matters referred to it or upon which it is required to pass under this chapter or under any local law of the Village of Lynbrook, the Village Law of the State of New York or any other general law. Appeal may be taken by any aggrieved person or by any officer, board or bureau of the Village. Such Board of Appeals shall have all the rights, powers and duties now granted or imposed upon it under this chapter or by the Village Law of the State of New York, by any local law of the Village of Lynbrook or by any other general law.
B.
The term of office each member of the Board is hereby confirmed and continued and shall continue to be five years in order to obtain compliance with the term expiration provisions of the Village Law of the State of New York.
§ 252-113 Variances.
[Amended 7-14-1986 by L.L. No. 13-1986; 12-9-1991 by L.L. No. 13-1991]
The Board of Appeals may, in appropriate cases, after public notice and hearing and subject to appropriate conditions and safeguards imposed by the Board of Appeals for the health, safety, morals or general welfare and in harmony with the general purpose and intent of the zoning laws of the State of New York applicable to Villages and this chapter and in conformity with the standard and guide established in this chapter, determine and vary the application of the use district regulations herein established and grant relief to the applicant as follows:
A.
In all matters where appeal is made to said Board of Appeals for relief from the strict letter of this chapter, when made upon the ground of practical difficulties or unnecessary hardship or for an exception set forth in the Article IX, the Board of Appeals shall determine and vary the application of the provisions of this chapter in harmony with the laws of the State of New York applicable to Villages upon the standard and guide hereinafter set forth.
B.
Where an appeal is taken for a variance to permit a use which is not expressly permitted or to permit a use which is prohibited, the Board may grant a variance upon the standard and guide hereinafter set forth.
§ 252-114 Appointment of members; selection of Chairman.
[Amended 9-17-2007 by L.L. No. 15-2007; 8-15-2011 by L.L. No. 8-2011; 5-6-2013 by L.L. No. 5-2013]
A.
The Mayor, subject to the approval of the Board of Trustees, shall appoint each member of the Board of Appeals as terms expire.
B.
Alternate members. The Mayor, subject to the approval of the Board of Trustees, shall appoint for a three-year term a first alternate member and a second alternate member and a third alternate member who shall be called to serve on the Board of Appeals as a temporary replacement for any Board member who may be unavailable to serve in such situations as recusal, sickness, vacation, business engagements, or the like. The Chairman of the Board of Appeals shall initially call the first alternate to serve and upon the unavailability of the first alternate to serve, shall call upon the second alternate to serve; should the second alternate be unable to serve, shall call upon the third alternate to serve.
C.
The Chairman of the Board of Appeals shall be chosen by the Board of Trustees.
D.
Removal. The Board of Trustees shall have the power to remove any members or alternate member for cause after public hearing upon due notice and written specifications of charges. After evidence is presented by both sides, the Board of Trustees shall render a determination within 60 days. Vacancies shall be filled by appointment by the Mayor for the unexpired term of any member whose place has become vacant.
§ 252-115 Criteria for decisions; time limitations.
A.
In any and all cases and matters coming before said Board of Appeals for determination, the determination and decision of the Board shall be made in accordance with the provisions and intents of the Village Law of the State of New York concerning a comprehensive plan and designed as provided either in said Village Law and in this chapter to lessen congestion of the streets; to secure safety from fire, panic and other dangers; to promote health, safety, morals or the general welfare; 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, sewerage, schools, parks and other public requirements; and whether the said premises can be put to a conforming use. The deliberations and determinations of said Board shall be made with reasonable consideration, among other things, as to:
(1)
The character of the district.
(2)
Its peculiar suitability for particular uses.
(3)
The conservation of property values.
(4)
Encouraging the most appropriate use of land throughout the Village.
(5)
The direction of building development.
(6)
That the practical difficulty or unnecessary hardship is created by this chapter and not by the act of the applicant.
(7)
That such difficulty is not common to others in the neighborhood or district, and such variance shall be within the spirit of this chapter and in harmony therewith.
B.
Term of variance.
[Added 12-9-1991 by L.L. No. 13-1991; amended 11-21-2005 by L.L. No. 10-2005]
(1)
A variance or other relief granted by said Board of Appeals shall expire and be of no further force or effect one year after the date of granting said variance, or, if the Board of Appeals in its decision granting said variance specifies a shorter period of time for the expiration of variance, within such shorter period of time, unless within said one year or such shorter period of time as specified by the Board of Appeals a permit is validly issued by the Building Department and construction or use is commenced in accordance with the decision granting the variance or other relief. The limitation expressed herein shall apply to variances granted prior to, on or after the effective date of this subsection,
(2)
Extension of term.
(a)
Notwithstanding the foregoing, the holder of a variance grant may apply to the Board of Appeals for an extension of the abovedescribed one-year, or less than one year, expiration date, provided: (i) the application is filed with the Board of Appeals prior to the abovedescribed expiration date; and (ii) good cause for the requested extension of time is shown. The Board may grant an extension thereof, in its discretion, for an additional period of time up to one year.