New Windsor City Zoning Code
ARTICLE XIII
Planning Board and Zoning Board of Appeals
§ 300-82 Planning Board.
§ 300-83 Membership of Zoning Board of Appeals.
Establishment and membership of the Zoning Board of Appeals shall be as follows:
§ 300-83.1 Alternate members of Planning Board and Zoning Board of Appeals.
A.
This section shall apply to the appointment, terms, functions and powers of alternate members appointed to serve on the Planning Board or Zoning Board in the Town of New Windsor.
B. ALTERNATE MEMBER MEMBER PLANNING BOARD ZONING BOARD OF APPEALS
Definitions. As used in this section, the following terms shall have the meanings indicated:
An individual appointed by the Town Board of the Town of New Windsor to serve on the Town Planning Board/Zoning Board of Appeals when a regular member is unable to participate on an application or matter before the respective board, as provided herein.
An individual appointed by the Town Board of the Town of New Windsor to serve on the Town Planning Board/Zoning Board of Appeals pursuant to the provisions of the local law which first established such Planning Board/Zoning Board of Appeals.
The Planning Board of the Town of New Windsor as established by the Town Board of the Town of New Windsor pursuant to the provisions of § 271 of the Town Law.
The Zoning Board of Appeals of the Town of New Windsor as established by the Town Board of the Town of New Windsor pursuant to the provisions of § 267 of the Town Law.
C.
Authorization and effect. The Town of New Windsor hereby enacts this section to provide a process for appointing alternate members of its Planning Board/Zoning Board of Appeals. These individuals would serve when members are absent or unable to participate on an application or matter before the respective board.
(1)
Two alternate members for the Planning Board and two alternate members for the Zoning Board of Appeals shall be appointed by the Town Board of the Town of New Windsor for a term of five years.
(2)
The Chairperson of the Planning Board/Zoning Board of Appeals may designate an alternate member to substitute for a member when such member is unable to participate on an application or matter before the Board. When so designated, the alternate member shall possess all the powers and responsibilities of such member of the Board. Such designation shall be entered into the minutes of the initial Planning Board/Zoning Board of Appeals meeting at which the substitution is made.
(3)
All provisions of state law relating to Planning Board/Zoning Board of Appeals member eligibility, vacancy in office and service on other boards, as well as any provisions of a local law relating to training, continuing education, compensation and attendance, shall also apply to alternate members.
D.
Statutory authority. This section is enacted pursuant to the Municipal Home Rule Law. This section shall supersede the provisions of Town Law to the extent it is inconsistent with the same, and to the extent permitted by the New York State Constitution, the Municipal Home Rule Law, or any other applicable statute.
§ 300-84 Powers and duties of Zoning Board of Appeals.
The Zoning Board of Appeals shall have all the powers and duties prescribed by law and by this chapter, which are more particularly specified as follows, provided that none of the following provisions shall be deemed to limit any power of the Board that is conferred by law:
A.
Interpretation. On appeal from an order, requirement, decision or determination made by an administrative official, or on request by an official, board or agency of the Town, to decide any of the following questions:
B.
Variances. To authorize, upon appeal in specific cases, such use variances and area variances, as defined in § 267 of the Town Law, as will not be contrary to the public interest where, owing to exceptional and extraordinary circumstances, there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, subject to terms and conditions to be fixed by the Zoning Board of Appeals; provided, however, that no such use variance or area variance shall be granted unless the requirements of § 267-b of the Town Law have been met.
(1)
The needs or desires of a particular owner or tenant or of a particular prospective owner or tenant shall not, either alone or in conjunction with other factors, afford any basis for the granting of a variance. The fact that the improvements already existing at the time of the application are old, obsolete, outmoded or in disrepair or the fact that the property is then unimproved shall not be deemed to make the plight of the property unique or to contribute thereto.
(2)
Where said Board finds the zoning classification of a particular property to be conducive to the deprivation of the reasonable use of the land or buildings and where said Board finds the same condition to apply generally to other lands or buildings in the same neighborhood or zoning district, said Board shall call this condition to the attention of the Planning Board and Town Board.
(3)
In all cases where the Zoning Board of Appeals grants a variance from the strict application of the requirements of this chapter, it shall be the duty of such Board to attach such conditions and safeguards as may be required so that the result of its action may be as nearly as possible in accordance with the spirit and intent of this chapter.
C.
Temporary certificate of occupancy.
(1)
To authorize, upon denial by the Code Enforcement Officer of a certificate of occupancy, the issuance of a temporary certificate of occupancy by the Code Enforcement Officer for a period not to exceed 90 days, for the completion of any alterations that are required under the provision of any law or ordinance or for the completion of a part of an uncompleted building, provided that the Board finds that:
(a)
The denial of a certificate of occupancy prior to completion of said alterations or of the building would cause unnecessary hardship.
(b)
The safety of the occupants of the building and of adjacent buildings and land would be adequately assured under such terms and conditions as said Board may prescribe.
(2)
Such temporary certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owner or of the Town respective to the use or occupancy of the land or building or any other matter covered by this chapter.
§ 300-85 Procedures of Zoning Board of Appeals.
The powers and duties of the Zoning Board of Appeals shall be exercised in accordance with the following procedures:
A.
The Zoning Board of Appeals shall not decide upon any appeal for a variance or interpretation of this chapter without first holding a public hearing, notice of which hearing and of the substance of the appeal or application shall be given by publication in the official newspaper of the Town (at the applicant's expense) at least 10 days before the date of such hearing. In addition to such published notice, the applicant shall perform the following procedure:
(1)
All applicants shall obtain a certified list of names and addresses of property owners which lie within 500 feet of any lot line of the property for which relief is sought that are required by this chapter or Chapter 257, Subdivision of Land, to be notified of a specific action.
(2)
The applicant shall pay to the Town of New Windsor the appropriate fee for obtaining the aforesaid list of names and addresses from the Assessor.
(3)
The applicant shall prepare the legal notice to be mailed to the property owners and shall present the legal notice to the proper Clerk of the Board for approval prior to mailing in accordance with the procedures set forth above.
(4)
The applicant shall place the name and address on an appropriate-size mailing envelope, said address to be in the same form as on the Assessor's records. In the event that two or more parcels have identical ownership, only one notice shall be required to be mailed.
(5)
The applicant shall place the legal notice in the envelope and affix the proper postage for first-class mail on the envelope and seal the same.
(6)
The sealed, addressed, stamped envelopes shall be brought to the Town Hall and delivered to the appropriate Clerk that is responsible for the specific board requiring the notice.
(7)
The Clerk shall verify the names and addresses and compare the same to the certified mailing list supplied by the Assessor and shall thereafter deposit said envelopes in a United States postal depository within the Town of New Windsor. The Clerk shall execute an affidavit of mailing setting forth that said Clerk has compared all the envelopes addressed to the certified list supplied by the Assessor and also finds that the appropriate number of envelopes have been prepared. The affidavit shall also set forth that the Clerk has personally deposited the envelopes in a United States postal depository within the Town of New Windsor and set forth the date upon which said deposit was made.
(8)
In the event that the property in question is located within 500 feet of cooperative residential or commercial site ("co-op") or residential or commercial condominium site, the applicant shall notify the board of managers of said condominium or the board of directors of the co-op site, whichever applies, rather than mailing notices to all individual owners of said co-op or condominium units, and this procedure shall be deemed sufficient notice to all property owners within the co-op or condominium site.
(9)
Provided that due notice shall have been published and that there shall have been substantial compliance with the remaining provisions of this section, the failure to give notice in exact conformance herewith shall not be deemed to invalidate action taken by the Zoning Board of Appeals in connection with the granting of any appeal or variance.
B.
All appeals and applications made to the Zoning Board of Appeals shall be in writing and shall be accompanied by a fee of not less than the actual and necessary costs of advertising and holding a public hearing. The basic fee shall be as determined in the Standard Schedule of Fees of the Town of New Windsor[1] as may be adopted from time to time by resolution of the Town Board. No fees shall be refundable.
C.
Each appeal or application shall fully set forth the circumstances of the case, shall refer to the specific provision of the chapter involved and shall exactly set forth, as the case may be, the interpretation that is claimed, the details of the variance that is applied for and the grounds on which it is claimed that the same should be granted.
D.
Should any appeal involve either of the two following conditions, the Secretary of the Zoning Board of Appeals shall transmit to the designated office or official a copy of the official notice of the public hearing not later than 10 days prior to the date of the hearing:
(1)
Any change in the boundaries of any district, which change would occur within a distance of 500 feet of the boundary of any village or town, shall be submitted to the Village or Town Clerk.
(2)
If the land involved in an appeal lies within 500 feet of any of the following areas, such application, accompanied by the notice of the public hearing, shall be forwarded to the Orange County Planning Department for review in accordance with the provisions of Article 12-B, §§ 239-1 and 239-m, of the General Municipal Law of the State of New York, at least 10 days prior to the public hearing:
(a)
Municipal boundary.
(b)
Existing or proposed county or state park or other recreation area.
(c)
Right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway.
(d)
Existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines.
(e)
Existing or proposed boundary of any county- or state-owned land on which a public building or institution is situated.
E.
Prior to the date of any public hearing, the Secretary of the Zoning Board of Appeals shall transmit to the Secretary of the Planning Board a copy of any appeal or application, together with a copy of the notice of such hearing. The Planning Board may submit to the Zoning Board of Appeals an advisory opinion on said appeal or application at any time prior to the rendering of a decision by the Board of Appeals.
F.
All the provisions of this chapter relating to the Zoning Board of Appeals shall be strictly construed. Said Board, as a body of limited jurisdiction, shall act in full conformity with all provisions of law and of this chapter in compliance with all limitations contained therein.
G.
Unless a building permit is obtained within 12 months of the date of the granting of the application, the application shall become null and void.
H.
Records of decisions.
(1)
Every decision of the Zoning Board of Appeals shall be recorded in accordance with standard forms adopted by the Board, shall fully set forth the circumstances of the case and shall contain a full record of the findings on which the decision is based. Every decision of said Board shall be by resolution, and each such resolution shall be filed in the office of the Town Clerk by case number under one of the following headings, together with all documents pertaining thereto:
I.
When an appeal to the Zoning Board of Appeals has been duly processed and denied upon a vote by at least four members of the Board, said appeal shall not be eligible for reconsideration or rehearing for a six-month period following such denial, except that an application based on new facts or new considerations substantially different from those in the denied application may be eligible for reconsideration or rehearing within six months of the date of the denial of the original appeal.