Muttontown City Zoning Code
ARTICLE VIII
Zoning Board of Appeals
§ 190-35 Appointment.
[Amended 6-12-2007 by L.L. No. 3-2007]
Section 7-712 of the Village Law is hereby amended, pursuant to Municipal Home Rule Law § 10, in its application to the Village of Muttontown as follows:
A.
The membership of the Zoning Board of Appeals is increased from five members to seven members appointed by the Mayor and approved by resolution of the Board of Trustees; and from one alternate member to two alternate members appointed by the Mayor and approved by resolution of the Board of Trustees.
[Amended 9-22-2020 by L.L. No. 2-2020]
B.
The term of membership on the Zoning Board of Appeals is decreased from five years to three years; alternate members shall serve for individual terms of one year.
C.
Incumbent Zoning Board of Appeals members serving at the time of enactment of this decrease in the term of membership on the Zoning Board of Appeals shall serve out the balance of their original five-year terms. Thereafter, the members shall be appointed for terms of three years.
D.
New Zoning Board of Appeals members appointed to fill the vacancies created by this increase in membership of the Zoning Board of Appeals from five members to seven members shall be appointed by the Mayor and approved by resolution of the Board of Trustees for individual terms of three years and two years, respectively. Thereafter, the members shall be appointed for terms of three years.
[Amended 9-22-2020 by L.L. No. 2-2020]
E.
Each member of the Zoning Board of Appeals shall attend, at a minimum, a majority of the Board Meetings occurring during each year of the respective member's appointed term; and, at a minimum, one of every four consecutive meetings occurring during the respective member's appointed term.
F.
Each member of the Zoning Board of Appeals shall complete, at a minimum, four hours of training each year to enable such members to more effectively carry out their duties. Training received by a member in excess of four hours in any one year may be carried over by the member into succeeding years in order to meet the requirements of this subdivision. Such training shall be approved by the Board of Trustees. To be eligible for reappointment to the Zoning Board of Appeals, a member shall have completed the minimum training requirement. The training required by this subdivision may be waived or modified by resolution of the Board of Trustees when, in the judgment of the Board of Trustees, it is in the best interest of the Village to do so. No decision of the Zoning Board of Appeals shall be voided or declared invalid because of a failure to comply with this subsection.
G.
The Mayor shall have the power to remove, after public hearing, any member of the Zoning Board of Appeals for cause, or without cause subject to Board of Trustees approval. Any Zoning Board of Appeals member may be removed for noncompliance with the minimum requirements relating to meeting attendance or training established by this subsection.
[Amended 9-22-2020 by L.L. No. 2-2020]
H.
A secretary to the Zoning Board of Appeals shall be appointed by the Mayor and approved by resolution of the Board of Trustees. The secretary shall review applications, communicate with applicants, create reports, schedule matters before the Zoning Board of Appeals, and file and disseminate decisions of the Zoning Board of Appeals.
[Amended 9-22-2020 by L.L. No. 2-2020]
§ 190-36 Meetings and procedure.
[Amended 6-12-2007 by L.L. No. 3-2007]
A.
The meetings and procedure of the Zoning Board of Appeals shall be governed by the provisions of the Village Law of the State of New York, as amended from time to time. The Zoning Board of Appeals shall have power from time to time to adopt, repeal and amend rules and regulations not inconsistent with law or the provisions of this chapter governing its procedure and the transaction of its business.
B.
An application pending before the Zoning Board of Appeals shall be deemed abandoned and withdrawn by the applicant, and shall be discontinued by the Board, after a lapse of 12 months without reasonable steps having been taken by the applicant to advance the application. The Board may, within 60 days thereafter, entertain a request for reinstatement of the abandoned application based on good cause shown. Upon the discontinuance of an abandoned application, the applicant shall be entitled to receive a refund of any unexpended sums held on deposit by the Village in connection with the application, and shall be responsible for reimbursement to the Village of any reimbursable costs attributable to the application which the deposit was insufficient to satisfy.
§ 190-37 Appellate jurisdiction.
[Amended 8-9-1976 by L.L. No. 1-1976]
A.
The Zoning Board of Appeals shall, pursuant to the Village Law of the State of New York, as amended from time to time, hear and decide appeals from and review any order, requirements, decisions or determinations made by the Building Inspector, or other officer charged with the enforcement of this chapter, and hear and decide all matters specifically referred to it by the Planning Board or upon which it is required to pass under any local law or ordinance.
B.
Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of any provisions of this chapter, the Zoning Board of Appeals shall have the power, in a specific case, to vary any such provision in harmony with its general purpose and intent so that the spirit of this chapter shall be observed, public health, safety and general welfare secured and substantial justice done.
C.
The determination of the Zoning Board of Appeals on all applications and appeals shall be made in accordance with the comprehensive plan and design set forth in this chapter and with the purpose and intent set forth in § 190-1 of this chapter and in § 7-704 of the Village Law.
[Added 9-11-2000 by L.L. No. 3-2000]
§ 190-38 Original jurisdiction.
[Amended 8-9-1976 by L.L. No. 1-1976; 5-9-1977 by L.L. No. 2-1977; 9-11-2000 by L.L. No. 3-2000; 10-10-2006 by L.L. No. 2-2006]
A.
The Board of Trustees, in a specific case authorized by this chapter, after public notice and hearing and subject to appropriate safeguards to be prescribed by such Board, may grant special use permits; provided, however, that the Board of Trustees shall be bound by and shall not vary the specific standards and requirements enumerated herein for the particular special use permit requested.
B.
The Village's Zoning Board of Appeals, in a specific case authorized by this chapter, after public notice and hearing and subject to appropriate safeguards to be prescribed by such Board, for the particular special use permit granted by the Board of Trustees, may vary dimensional setbacks:
(1)
For buildings, structures or facilities which were in existence prior to January 1, 1932; and
(2)
For the construction of additional buildings, structures or facilities, provided that the same are not located any closer to the boundary line than similar buildings, structures or facilities approved and constructed pursuant to a special use permit previously granted by the Zoning Board of Appeals.
C.
On all applications for variances or special use permits under this section, the Zoning Board of Appeals and Board of Trustees, respectively, in addition to the requirements hereinabove set forth, shall give consideration to the health, safety, convenience and general welfare of the Village and of its property owners and residents and shall act in harmony with the general purpose and intent of this chapter and of the applicable provisions of the Village Law.
D.
The determinations of the Zoning Board of Appeals and Board of Trustees, respectively, on all applications under this section shall be made in accordance with the Comprehensive Plan and design set forth in this chapter and with the purpose and intent set forth in § 190-1 of this chapter and in § 7-704 of the Village Law.
E.
The Zoning Board of Appeals shall not authorize any variance, and the Board of Trustees shall not permit any special use under the provisions of this section unless, respectively, it finds in each case that the proposed use of the property or the erection, alteration or maintenance of the proposed building or structure:
(1)
Will not depreciate or tend to depreciate the value of property in the Village;
(2)
Will not create a hazard to health, safety, morals or general welfare;
(3)
Will not be detrimental to the neighborhood or to the residents thereof;
(4)
Will not alter the essential character of the neighborhood; and
(5)
Will not otherwise be detrimental to public convenience and welfare.
F.
On all applications for variances the Zoning Board of Appeals, and on all applications for special use permits the Board of Trustees, in addition to the requirements hereinabove set forth, respectively shall give consideration to the health, safety, convenience and general welfare of the Village and of its property owners and residents and shall act in harmony with the general purpose and intent of this chapter and of the applicable provisions of the Village Law.
§ 190-39 Minutes, costs and fees.
[Amended 8-9-1976 by L.L. No. 1-1976]
A.
At all hearings before the Zoning Board of Appeals on appeals and on matters of original jurisdiction, the minutes of the hearings shall be taken by a stenographic reporter, unless the same is waived by the Chairman or Acting Chairman of the Zoning Board of Appeals.
B.
The actual costs of advertising and mailing the notice of all hearings before the Board of Appeals on appeals and on matters of original jurisdiction and the actual costs of taking minutes by a stenographic reporter at all such hearings shall be promptly paid to or for the Village by the appellant or the applicant on a matter of original jurisdiction.