North Hills City Zoning Code
ARTICLE X
Administration
§ 215-40 Administrative procedure.
[Amended 11-30-1983 by L.L. No. 18-1983]
All construction, major alterations or changes in type of occupancy shall be in conformance with the requirements of this chapter. All persons desiring to undertake such construction, major alterations or other changes shall conform to all applicable provisions of this chapter.[1]
[1]
Editor's Note: Former § 174-29, Zoning permits, which immediately followed this section, was repealed 11-30-1983 by L.L. No. 18-1983.
§ 215-41 Board of Trustees; permits; public hearings.
[Added 8-2-1995 by L.L. No. 9-1995]
Wherever any use of property is authorized by this Code with the permission of, or a permit from, the Board of Trustees, no such permission or permit shall be granted except after public hearing. Notice of such public hearings shall be given as provided by law or, if no such provision is made, then as provided in the rules of the Board of Trustees. If such rules also make no such provision, then such notice shall be given in the manner provided for hearings on area variance applications before the Board of Appeals. Where notice of an application, or a hearing thereon, is required to be given to persons owning or residing at property within a stated distance from the location which is a subject of the application, such application shall include a radius map in the same manner as provided for applications to the Board of Appeals.
§ 215-42 Powers and duties of Code Enforcement Officer.
The provisions of this chapter shall be administered and enforced by the Code Enforcement Officer, except where otherwise provided. The Code Enforcement Officer shall have the following duties and powers:
A.
Inform applicants. The Code Enforcement Officer shall provide information for prospective applicants as to the type of application to be filed and the information to be submitted and shall explain the procedures for filing applications. Such information shall be offered as a public service, and no charge shall be made for such service.
B.
Provide form of applications, permits and/or certificates. The form of all applications, permits and certificates to be used by the Code Enforcement Officer under the terms of this chapter shall be prescribed by the Code Enforcement Officer.
C.
The Code Enforcement Officer or any other person designated by the Board of Trustees for such purpose shall enforce the provisions of this chapter and any rules and regulations promulgated in furtherance thereof.
D.
In the performance of his duties, the Code Enforcement Officer shall have the right to enter any building, premises or land at any reasonable hour. He shall maintain records of all such inspections and of all findings of occupancy and use.
E.
The Code Enforcement Officer shall keep a record of every identifiable complaint of a violation of any of the provisions of this chapter and of the action taken on each such complaint. He shall report thereon, in writing, to the Board of Trustees as required by such Board, but no less often than every three months.
F.
The Code Enforcement Officer shall keep a permanent record, including all pertinent maps and plans, of all applications for zoning permits, building permits and certificates of occupancy.
G.
The Code Enforcement Officer shall make a report to the Village Board of Trustees, in writing, at least once each month, reporting the number and type of permits and certificates issued and listing all reported and continuing violations and the disposition or pending action on such violations.
§ 215-43 Board of Appeals; organization.
[Amended 7-16-1980 by L.L. No. 16-1980; 11-23-1981 by L.L. No. 12-1981; 10-26-1983 by L.L. No. 16-1983; 12-16-1985 by L.L. No. 11-1985; 10-4-1989 by L.L. No. 3-1989; 9-25-1991 by L.L. No. 4-1991; 1-3-1996 by L.L. No. 1-1996; 3-20-1996 by L.L. No. 5-1996; 7-31-1996 by L.L. No. 15-1996; 10-28-1998 by L.L. No. 5-1998; 10-15-2014 by L.L. No. 6-2014; 9-18-2019 by L.L. No. 3-2019]
A.
Pursuant to authority granted to the Village in the Municipal Home Rule Law, § 7-712 of the Village Law of the State of New York is hereby repealed in its application to the Village of North Hills.[1]
[1]
Editor's Note: Former Subsection B, containing definitions of “area variance” and “use variance,” which immediately followed this subsection, was deleted 1-19-2005 by L.L. No. 1-2005.
B.
The Board of Appeals presently in existence hereby is continued, and the members thereof may continue to serve for the duration of their appointed terms. Such Board shall have five members, who shall be appointed by the Board of Trustees for terms of three years each. Upon the expiration of any term of office, a successor shall be appointed for a term of three years. Any vacancy occurring for any reason other than expiration of term shall be filled by appointment for the remainder of the term.
[Amended 1-19-2005 by L.L. No. 1-2005]
(1)
No person who is a member of the Board of Trustees shall be eligible for membership on the Board of Appeals.
(2)
The Board of Trustees shall designate a member of the Board to serve as Chair and a member of the Board to serve as Vice Chair, each of which appointments shall be for a term until the end of the official year in which such appointments are made. In the absence of the Chair and the Vice Chair, the remaining members of the Board may select one of the members of the Board to serve as Acting Chair.
(3)
Alternate members.
(a)
Pursuant to the Municipal Home Rule Law, Village Law § 7-712, Subdivision 11, is hereby repealed and superseded in its application to the Village of North Hills.
(b)
Subject to the approval of the Board of Trustees, the Mayor may appoint not more than three alternate members of the Board of Appeals, to serve in order of seniority in place of any members of the Board of Appeals, or senior alternate members, who are unable for any reason to attend any particular meeting of the Board. The alternate members of the Board shall have all of the powers and duties of regular members at such times as the alternate members are serving. Such alternate members shall be appointed for terms of one official year each.
C.
The Mayor shall have power to remove any member of the Board of Appeals after public hearing for cause.
D.
The Board of Appeals shall meet upon call of its Chair and at such other times as the Board shall determine. The Chair may administer oaths and compel the attendance of witnesses.
§ 215-44 Board of Appeals; procedures.
[Added 1-3-1996 by L.L. No. 1-1996]
A.
Pursuant to authority granted to the Village in the Municipal Home Rule Law, § 7-712-a of the Village Law of the State of New York is hereby repealed in its application to the Village of North Hills.
B.
Meetings of the Board of Appeals shall be open to the public to the extent provided in Article 7 of the Public Officers Law. The Board of Appeals shall keep minutes of its proceedings showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and shall also keep records of its official actions.
C.
The Board of Appeals shall have power to adopt and amend rules and regulations for its procedures, provided that the same are not inconsistent with law. Every such rule and regulation shall be filed in the office of the Village Clerk.
D.
The Board of Appeals shall have authority to call upon any department, agency or employee of the Village for such assistance as may be necessary and as shall be authorized by the Board of Trustees.
E.
The Board of Appeals shall have such original jurisdiction as provided in this chapter. The Board of Appeals shall also have jurisdiction to review, hear and determine appeals from any order, requirement, decision, interpretation or determination made by the administrative official charged with the enforcement of the zoning regulations of the Village or building code administration for the Village. The concurring vote of at least three members of the Board of Appeals shall be necessary to reverse any such order, requirement, decision, interpretation or determination or to grant a use variance or area variance.
F.
An appeal stays all proceedings in furtherance of the action from which the appeal is taken, unless the Code Enforcement Officer certifies to the Board of Appeals that, by reason of facts stated in such certification, a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed except upon order of the Board of Appeals or a court of appropriate jurisdiction.
G.
The Board of Appeals shall fix a reasonable time for the hearing of each appeal or other matter to be considered by such Board. Where an application to the Board of Appeals requires a public hearing, such application shall include an area map in the form and style as is required by the rules and procedures of the Board of Appeals (showing, at a minimum, the location of all properties within the radius of required notice and the names of the owners of such properties). Notice of such hearing shall be given as follows, except that where another specific provision of law, or of this Code, or of the rules of the Board of Appeals, specifies a greater number of persons to whom, or a more extensive manner in which, notice shall be sent, in which event all such provisions shall be given effect, the intent being to give the greatest notice required by law. Nothing herein should be construed as preventing the Planning Board from giving, or requiring an applicant to give, notice greater than that provided herein.
[Amended 1-21-1998 by L.L. No. 1-1998; 10-21-2015 by L.L. No. 3-2015]
(1)
At least 10 calendar days prior to such hearing, the Village shall publish notice of such hearing in the official newspaper. The Village shall also give such other notice as is required by law to be given by the Village.
(2)
At least 10 business days prior to such hearing, the applicant shall give notice of such hearing, in a form supplied by the Village, to the record owners of property (including condominium units) any part of which is located within 250 feet of any part of the property which is the subject of the application. Such notice shall be sent to the record owners as shown on the Village tax rolls or Village assessment map, or if none as shown on the County assessment roll.
(a)
Such notice shall be given by certified mail, return receipt requested.
(b)
Proof of service of such notice shall be filed with the Clerk at least four business days prior to the public hearing, and all available mailing receipts shall be filed at or before the commencement of the public hearing.
(3)
The Board of Appeals shall not have authority to waive or vary any provision of this section.
H.
The Board of Appeals shall decide upon each application within a reasonable time after the conclusion of the public hearing on such application.
I.
The decision of the Board shall be filed with the Village Clerk promptly upon rendition thereof. The Village Clerk shall mail a copy thereof to the applicant.
J.
A request for the Board of Appeals to hold a rehearing to review any order, decision or determination of the Board not previously reviewed may be made by any member of the Board or by the applicant. A unanimous vote of all members of the Board is required for such rehearing to occur. Such rehearing shall be held in the same manner and upon the same notice as the original hearing. Upon such rehearing, the Board may reverse, modify or annul its original order, decision or determination upon the unanimous vote of all members then present, provided that the Board finds that the rights vested in persons acting in good faith in reliance upon the original decision, order or determination will not be prejudiced thereby.
§ 215-44.1 Decisions by Board of Appeals; supersession of state law.
[Added 10-20-2010 by L.L. No. 1-2010]
Section 7-712-a, Subdivision 13, of the Village Law is hereby amended and superseded in its application to the Village, to read as follows:
13. Decisions. |
(a)
Except as otherwise provided in Village Law § 7-712-a, Subdivision 12, every motion or resolution of the Board of Appeals shall require for its adoption the affirmative vote of a majority of all the members of the Board as fully constituted regardless of vacancies or absences. The failure of the Board to adopt a decision within any specific period of time shall constitute neither a denial nor an approval. Where an action is the subject of a referral to the county planning agency or regional planning council the voting provisions of § 239-m of the General Municipal Law shall apply.
(b)
The Board of Appeals may render its decision on any appeal or application in a short-form format, summarily setting forth the Board's determination and conditions, if any, without enumerating findings or conclusions which formed the basis for the determination. Within 30 days after filing of the short-form decision in the office of the Village Clerk, any appellant, applicant, or other person or persons jointly or severally aggrieved by the decision may file a written demand with the Village Clerk requesting that the Board of Appeals render its decision in a format containing the findings and conclusions which formed the basis for the Board's determination. The Village Clerk shall promptly deliver such written demand to the Chair, who shall promptly convene a meeting of the Board to render such long-form decision.
(i)
Where the Board renders a short-form decision, and no written demand requesting a long-form decision is filed within the required thirty-day period, the date of filing of the short-form decision with the Village Clerk shall be deemed the date of the filing of the Board's decision for all purposes. Where the Board renders or is required to render a long-form decision, the date of filing of the long-form decision with the Clerk shall be deemed the date of filing of the Board's decision for all purposes.
§ 215-45 Permitted actions by Board of Appeals.
[Added 1-3-1996 by L.L. No. 1-1996; amended 7-23-2003 by L.L. No. 5-2003]
A.
In acting upon any appeal other than an application for a variance, the Board of Appeals shall consider whether the determination of the administrative official from whom the appeal is taken made a reasonable determination. If such determination was reasonable, the Board of Appeals shall affirm the determination. If such determination was not reasonable, the Board of Appeals shall make such other determination as is appropriate under the circumstances.
B.
In approving any application or in granting any relief, the Board of Appeals may impose reasonable conditions and restrictions such as are directly related to and incidental to the proposed use of the property, including reasonable restrictions on the scope, volume, time, place and manner of activities which may be conducted on the property. Such conditions shall be consistent with the spirit and intent of the zoning regulations and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
§ 215-46 Applications to Board of Appeals; relief granted.
[Added 1-3-1996 by L.L. No. 1-1996]
A.
Except as otherwise provided herein, all applications to the Board of Appeals shall be filed with the Village Clerk and shall conform to the following procedures and requirements as well as to all other applicable laws. Fourteen copies of each such application and all supporting documentation shall be submitted. Each application shall include:
(1)
The name and street address of the applicant and, if the applicant is not the sole owner of the entire property which is the subject of the application, the name and street address of each such owner, a sworn statement from all owners of the property consenting to the application and, if the application is made by an agent of any of such owners, authorizing the agent to make such application; if the owner or applicant is a partnership or corporation, the names and street addresses of all partners, officers, directors and 10 largest shareholders.
(2)
A description of property by section, block and lot on the Nassau County Land and Tax Map.
(3)
A statement whether any part of the subject property is within 500 feet of a municipal boundary, a proposed or existing county or state park, highway, stream or drainage channel or county or state land whether or not improved by a public building or site.
(4)
A statement as to the relief requested and the grounds therefor, including a citation of any law which authorizes the application.
(5)
A survey showing the property by metes and bounds prepared by a licensed engineer or surveyor.
(6)
An area map prepared by a licensed engineer or surveyor showing the subject property and the location and use of all land within 400 feet of any portion of the subject property and the zoning classification thereof.
(7)
A list of the names and addresses of all owners of property shown on the area map, if any part of such property is located within 200 feet of any part of the property which is the subject of the application.
[Amended 8-27-1997 by L.L. No. 10-1997]
(8)
Environmental statements as may be required by law.
B.
If within one year after the date of a determination by the Board of Appeals substantial construction pursuant thereto or use thereof has not commenced, or if within two years after such date construction has not been completed, the grant of relief by the Board of Appeals shall expire. Upon written application and payment of any required fees made before the date of such expiration, the Board of Appeals, without public hearing, may extend the time for such commencement of construction or use or completion of construction for one additional period not to exceed six months. Additional extensions of time shall not be granted except after public hearing upon notice given in the same manner as required for the initial application.
§ 215-47 Conditions for permits; applications.
A.
Whenever this chapter authorizes a use by permit from the Board of Appeals or from the Board of Trustees, no such permit shall be issued unless such Board shall first consider the public health, safety and welfare and the comfort and convenience of the public in general and of the residents of the immediate neighborhood in particular. Such Board may prescribe such appropriate conditions and safeguards as may be required in order that the result of its action shall, to the maximum extent possible, further the expressed intent of this chapter and the accomplishment of the following objectives:
[Amended 1-3-1996 by L.L. No. 1-1996]
(1)
That all proposed structures, equipment and material shall be readily accessible to fire and police protection.
(2)
That all proposed uses shall be of such location, size and character that, in general, they will be in harmony with the appropriate and orderly development of the district in which they are proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties.
(3)
That, in addition to the above, in the case of any use located in or directly adjacent to a residential district:
(a)
The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to or incongruous with the said residential or commercial district or conflict with the normal traffic of the neighborhood; and that there will be off-hour or nonpeak traffic ingressing or egressing from the property; and that there will be adequate access to it for purposes of fire and safety protection, including traffic control.
(b)
The location and height of buildings, the location, nature and height of walls and fences and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.
(4)
That the nature and intensity of such use sought in a residential or commercial district and the traffic generated by it shall not be hazardous, incongruous or detrimental to the prevailing residential or commercial character of the neighborhood.
(5)
That each permit use in a commercial district shall be harmonious with the district in which its location is sought, shall not create undue pedestrian or vehicular traffic hazards and shall not include any display or signs, noise, fumes or lights that will hinder normal development of the district or impair the use, enjoyment or value of adjacent land and buildings.
B.
In granting any such permit, such Board may also:
(1)
Require any walls, fences, landscaping or other treatments which it deems necessary to protect the value of adjacent properties or to prevent any hindering of the appropriate development of adjacent land.
(2)
Require a proposed plan showing the size and location of the lot, the location of all buildings and proposed facilities, including access drives, lighting, parking areas, all streets within 200 feet of the lot and other requirements as required for a special exception permit.
(3)
Require that the permit be periodically renewed, if not otherwise required by law. Such renewal may be granted only after public notice and hearing and may be granted upon any condition which could have been imposed at the time of granting the original permit. Such renewal may not be denied unless the Board shall determine that such conditions as may have been prescribed by the Board in conjunction with the issuance of the original permit or a prior renewal have not been or are no longer being complied with.
C.
Permit applications.
(1)
Applications shall be submitted in the same manner and accompanied by the same items and information as if the application were one for a zoning variance.
(2)
Such application shall be submitted by the Village Clerk to the appropriate Board for consideration at a meeting thereof.
(3)
Notice of such meeting shall be given by the applicant to the same persons and in the same manner as applicable with respect to applications for a zoning variance.
(4)
In making a determination on an application for a permit, the Board shall give consideration, among other things, to:
(a)
The preservation of environmental and ecological assets of the property, including the physical conditions and topography thereof.
(b)
Whether the character, size, location and design of the proposal is an appropriate use of land and in harmony with surrounding property.
(c)
The contribution which the proposal will make to the proper growth and development of the Village.
(d)
The impact of the proposed use on vehicular and pedestrian traffic, disposition of stormwater, sewerage, garbage and refuse and other municipal services.
(e)
Whether the proposed use and/or vehicular traffic generated thereby will cause obnoxious gases, odors, smoke, soot, noise, vibration, light or other disturbing emissions and their effect on air quality.
(f)
Adequacy of public utilities to serve the proposed use and of access thereto by fire and other emergency apparatus.
(5)
Before approving an application for a permit, the Board shall:
(a)
Determine that the use will not prevent the orderly and reasonable use of adjacent properties.
(b)
Determine that the proposed use will be in harmony with the general purposes and intent of this chapter.
(c)
Impose such conditions and safeguards as it shall determine to be appropriate, necessary or desirable to preserve the spirit and objectives of this chapter.
(6)
In the event that within one year from the date of a determination by the Board granting a permit pursuant to this chapter, substantial use thereof or substantial construction pursuant thereto has not commenced, or in the event that within two years after such date construction has not been completed, the permit shall expire. Notwithstanding the foregoing, the Board may, upon written application made before such expiration and upon payment of required fees and without further public hearing, extend the time for such commencement of construction or use and/or completion of construction for an additional period not to exceed six months.
§ 215-47.1 Extensions of time.
[Added 11-17-2021 by L.L. No. 5-2021]
A.
In any case where a determination of the Board of Appeals requires an act to be commenced, performed or completed within a specific period of time, or on or before a specific date, the Board of Appeals may consider and approve an application for extension of such period of time or date as provided in this section. Any such approval may include reasonable conditions.
B.
No application pursuant to this section may include any request for relief other than an extension of such period of time, or date.
C.
Any such application shall be made in writing, upon a form provided by the Village for such purpose.
D.
The Board of Appeals may, in its sole discretion, act with respect to such extension application with, or without, a public hearing. Except where otherwise required by law, the Board of Appeals may waive in whole or in part otherwise applicable requirements for mailing of legal notice of such hearing. This section shall not authorize the Board to extend or change the time periods for notice of any public hearing as required by this chapter or any other law.
§ 215-48 Penalties for offenses.
[Amended 1-19-2005 by L.L. No. 1-2005]
The owner, agent or contractor of any building or premises where a violation of this chapter has been committed or shall exist, or the occupant of any building or premises or portion thereof where such violation has been committed or shall exist, or any person who violates any provision of this chapter shall, for each and every violation, be guilty of a violation. Each day upon which such violation occurs shall be a separate violation. Violations shall be punishable as provided in § 1-12 of this Code.
§ 215-49 Injunctive relief.
In addition to any other remedies elsewhere provided, the Mayor or the Board of Trustees, acting in the name of the Village of North Hills, or any person aggrieved acting in his own name, shall have the right and power to enforce the provisions of this chapter by action for injunction or otherwise, as provided by law, in the case of any continuing violation or in the case of any violation which constitutes a public nuisance or a clear and present danger to the public health, safety or welfare.
§ 215-50 Conflicting provisions.
In the event of conflict in terminology between or among provisions of this chapter, more restrictive provisions shall control.
§ 215-51 Existing permits and authorizations.
[Amended 9-18-2019 by L.L. No. 3-2019]
All site plan approvals, special exceptions, variances and permits lawfully authorized and/or lawfully issued prior to the effective date of this chapter are invalidated and rescinded, except that no such approval, exception, variance or permit shall be invalidated hereby if the applicant therefor has made substantial expenditures in reliance thereon sufficient to acquire a vested right to such approval, exception, variance and/or permit. The Code Enforcement Officer shall determine in any case whether or not such invalidation has occurred, and such determination shall be reviewable by appeal to the Board of Appeals.
§ 215-52 Interpretation.
In the interpretation or application of this chapter, the provisions thereof shall be considered as minimum requirements adopted for promotion of the public health, safety, comfort, convenience and general welfare. It is not intended by this chapter to repeal, annul, amend or abrogate any law not clearly inconsistent herewith or not expressly repealed hereby. Neither is it the intention of this chapter to abrogate or annul any easements, covenants or other agreements between parties. However, where this chapter imposes a greater restriction upon the use of a building or property than any other applicable law, the provisions of this chapter are intended to prevail.
§ 215-53 Amendments. [1]
A.
This chapter or any part thereof may be amended, supplemented or repealed from time to time by the Village Board of Trustees, acting on its own motion or upon petition, as provided by law.
B.
Each petition for a zoning amendment shall be accompanied by payment of the applicable fee as prescribed by law. If the petition is withdrawn before publication of notice of a public hearing thereon, the fee may be refunded, in whole or in part, at the discretion of the Board of Trustees. No fee shall be required for a petition filed in favor of or against a pending application.
C.
Each such petition shall be in writing and shall contain the items and information required for an application for a zoning variance.
D.
Notice of public hearing shall be published and served in the same manner as provided for applications for a zoning variance, except that in the case of an amendment made by the Board of Trustees on its own motion, no notice shall be required except by publication in the official newspaper.
§ 215-54 Other regulations.
This chapter shall not be deemed to supersede any other law not expressly superseded.
§ 215-55 Conflict with other laws.
Wherever possible, the provisions of this chapter shall be read and construed to harmonize with each and every other applicable law. However, in the event of irreconcilable conflict between this chapter and any other law, the more restrictive interpretation shall prevail.