The administrative adjustment procedure is intended to allow for minor modifications or deviations from the dimensional or numeric standards of the Village of Ossining Zoning Code (Chapter 270) and to provide greater flexibility when necessary without requiring a variance.

The Building Inspector or designee is authorized to issue administrative adjustments in accord with this article.

An applicant requesting an administrative adjustment shall file with the Building Department the administrative adjustment review form setting forth the proposed adjustment and the reason for the adjustment. If the applicant is not the property owner, a signed and dated letter from the owner shall be provided with the form acknowledging and consenting to the application. The fee for filing the administrative adjustment review form shall be set from time to time by the Board of Trustees and published in the Village's annual fee schedule.

Upon receipt of a complete application for an administrative adjustment, the Building Department shall mail to affected abutting property owners a notice of intent to seek administrative adjustment advising those owners that an application for an administrative adjustment has been received and that the affected abutting property owners have 10 days from mailing of the notice to notify the Building Inspector or designee of any issues relating to the application. The names of the affected abutting property owners shall be taken as those names appear on the last completed tax roll of the Village.

Within 30 days of receipt of a completed administrative adjustment review form, the Building Inspector or designee shall review the application and approve, approve with conditions or deny based upon the criteria set forth below unless the Building Inspector and applicant mutually agree to an extension. The Building Inspector also may refer the application to the Zoning Board of Appeals as provided in § 270-65B. The Building Inspector's written decision shall then be filed with the Building and Planning Departments.

The Building Inspector or designee is authorized to approve an administrative adjustment of up to 10% from the numerical standards set forth in the bulk requirements in the appendix of this chapter with the exception of those standards detailed in § 270-68.

To approve the application for an administrative adjustment, the Building Inspector or designee shall make the following affirmative findings that one or more of the following standards have been met:

Upon reviewing the application for an administrative adjustment, the Building Inspector or designee may decide to refer the application to the Zoning Board of Appeals for issuance of an area variance. The applicant will be promptly notified of the referral and will provide such additional documents as are required by the Zoning Board of Appeals as well as the required filing fee.

Approval of an administrative adjustment shall be valid for one year from the date the administrative adjustment was granted for the purposes of obtaining such additional approvals as are required, including, but not limited to, site plan, conditional use permit, special use permit, certificate of appropriateness and a building permit. Failure to secure the required approvals or a building permit during the one-year period shall cause the administrative adjustment to become null and void. Upon application, the Building Inspector or designee may grant an extension of the administrative adjustment for a period not to exceed one year. Up to two extensions may be granted, for a total time period of all extensions of no more than two years.

The applicant or other person aggrieved or adversely affected by a decision of the Building Inspector granting, granting with conditions or denying an application for an administrative adjustment may seek review of the determination from the Zoning Board of Appeals.

The applicant or other person aggrieved or adversely affected by the Building Inspector's decision shall file an appeal, in writing, within 30 days of the filing of the Building Inspector's decision with the Village's Building Department. The appeal will be transmitted by the Building Department to the Planning Department for review by the Zoning Board of Appeals.

An appeal shall stay all proceedings in furtherance of the action from which the appeal is taken unless the Building Inspector or designee certifies to the Zoning Board of Appeals, that by reason of the facts detailed in the decision, a stay would cause imminent peril to life or property. In such case, the proceedings will not be stayed other than by a restraining order which may be granted by the Zoning Board of Appeals or the Supreme Court on notice to the Building Inspector or designee.

The Zoning Board of Appeals, following consideration of the appeal, may affirm, reverse in whole or in part or modify the decision of the Building Inspector or designee and, where deemed appropriate, impose conditions for the approval of the administrative adjustment.

The Zoning Board of Appeals shall decide each appeal applying the same criteria as that used by the Building Inspector or designee.

The Zoning Board of Appeals shall issue its written decision by resolution on the appeal in accord with the procedures in § 270-49.

An increase in the number of dwelling units or bedroom capacity.

A change in a permitted use.

Changes to requirements for public roadways, utilities or other public infrastructure or facilities.

A change to a Zoning Code requirement which requirement has already been modified through a separate administrative adjustment or variance.

A change to the parking requirements as detailed in Appendix C to Chapter 270.