Millbrook Village City Zoning Code
ARTICLE VIII
Zoning Board of Appeals
§ 230-64 Establishment.
Pursuant to the provisions of New York Village Law § 7-712, a Zoning Board of Appeals is hereby established in the Village of Millbrook.
§ 230-65 Composition.
The Zoning Board of Appeals shall consist of five members. The terms of the initial appointees shall be for one, two, three, four and five years from and after the date of appointment. Their successors, including such additional members as may be appointed, shall be appointed for the term of five years after the expiration of the terms of their predecessors in office. The Village Board shall designate the Chairperson of the Zoning Board of Appeals.
§ 230-66 Appointments to fill vacancies.
Appointments to fill vacancies shall be for the unexpired term of the member or members whose term or terms become vacant. Such appointments to fill such vacancies shall be made in the same manner as the original appointment.
§ 230-67 Votes necessary for decision.
The concurring vote of a majority of the members of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of the Zoning Enforcement Officer or to decide in favor of the appellant on any matter upon which it is required to pass under the terms of this chapter or to effect any variation of this chapter.
§ 230-68 Powers and duties; variances.
The Zoning Board of Appeals shall perform all the duties and have all the powers prescribed by the laws of the State of New York as herein described. The Zoning Board of Appeals shall hear and decide appeals pursuant to the provisions of the laws of the State of New York and shall have the following powers:
A.
To hear and decide appeals. The Zoning Board of Appeals shall hear and decide appeals from and review any order, requirement, decision and determination made by the Zoning Enforcement Officer administering this chapter. It shall also hear and decide all matters referred to it or upon which it is required to pass under the provisions of this chapter.
B.
Variances. The Zoning Board of Appeals may vary or adapt the strict application of the requirements of this chapter. The Zoning Board of Appeals may reverse or affirm, wholly or partly, any order, interpretation or decision by the official appealed from.
(1)
Definition of types of variances.
(a)
"Use variance" is defined as a use of land for a purpose which is otherwise not allowed or is prohibited by this chapter.
(b)
"Area variance" is defined as authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of this chapter.
(2)
No variance may be granted unless it meets the following standards:
(a)
Use variances.
[1]
The Board of Appeals, on appeal from the decision or determination of the administrative official charged with the enforcement of this chapter, shall have the power to grant use variances, as defined herein.
[2]
No such variance shall be granted without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant shall demonstrate that for each and every permitted use under the zoning regulations for the particular district where the property is located:
[a]
The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence.
[b]
That the alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood.
[c]
That the requested use variance, if granted, will not alter the essential character of the neighborhood.
[d]
That the alleged hardship has not been self-created.
[3]
The Board of Appeals, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proven by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
(b)
Area variances
[1]
The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of the administrative official charged with the enforcement of this chapter to grant area variances as defined herein.
[2]
In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the Board shall also consider:
[a]
Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance.
[b]
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance.
[c]
Whether the requested area variances are substantial.
[d]
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.
[e]
Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of the area variance.
[3]
The Board of Appeals, in granting an area variance, shall grant the minimum variance that it shall deem necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
(c)
Imposition of conditions. The Board of Appeals shall, in the granting of both use variances and area variances, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property (and/or the period of time such variance shall be in effect.) 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 neighborhood or community.
C.
Interpretation. The Zoning Board of Appeals shall, upon appeal from a decision by an administrative official, decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary if there is uncertainty with respect thereto.
D.
Referral to Planning Board. The Zoning Board of Appeals shall refer to the Planning Board such matters as required by this chapter and any other pertinent matters for review and recommendations and defer any decision thereon for a period of not more than 60 days pending a report from the Planning Board. Upon failure to submit such report, the Planning Board shall be deemed to have approved the application for appeal.
§ 230-69 Procedure for appeals.
A.
The Zoning Board of Appeals shall act in strict accordance with the procedure specified by law and this chapter. All appeals and applications made to the Zoning Board of Appeals shall be in writing, on forms prescribed by the Board and in accordance with this chapter. Every appeal or application shall refer to the specific provision of the section involved and shall exactly set forth the interpretation that is claimed, the use for which the special permit is sought or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be. At least 30 days before the date of the hearing required by law on an application or appeal to the Zoning Board of Appeals, the secretary of said Zoning Board of Appeals shall transmit to the Planning Board a copy of said application or appeal, together with a copy of the notice of the aforesaid and shall request that the Planning Board make a determination in accordance with § 230-68D. Every decision of the Zoning Board of Appeals shall be by resolution, each of which shall contain a full record of the findings of the Zoning Board of Appeals in the particular case.
B.
Every rule, regulation, every amendment or repeal thereof and every order, requirement, decision or determination of the Board shall be filed within five business days in the office of the Zoning Board of Appeals and with the Village Clerk and shall be a public record. A copy of any decision shall be mailed to the applicant.
[Amended 12-16-1997 by L.L. No. 2-1997]