Oyster Bay Cove City Zoning Code
ARTICLE IX
Board of Appeals
§ 320-58 Membership.
The Board of Trustees shall appoint a Board of Appeals consisting of five members as provided by the Village Law.
§ 320-59 Alternate members.
[Added 2-26-2002 by L.L. No. 1-2002]
A.
Pursuant to the Municipal Home Rule Law, Village Law § 7-712(11) is hereby repealed and superseded in its application to the Village of Oyster Bay Cove.
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.
§ 320-60 Meetings and procedure.
The meetings and procedure of the 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 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.
§ 320-61 Appellate jurisdiction.
[Amended 7-24-2008 by L.L. No. 2-2008]
A.
Appellate jurisdiction. The Zoning Board of Appeals shall, pursuant to the Village Law of the State of New York, as amended from time to time by state or local action, 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.
(1)
Amendment of Village Law § 7-712-a. The following subsections of § 7-712-a of the Village Law are hereby amended in their application to the Village of Oyster Bay Cove, New York, as follows:
(a)
Section 7-712-a-8 of the Village Law is amended as follows:
The Board of Appeals may render its decision on any appeal or application in a short form format, setting forth the Board's determination and conditions, if any, without enumerating the findings which formed the basis for its determination. Any appellant, applicant, or person or persons, jointly or severally aggrieved by a decision of the Board, may within 30 days after the filing of the short form decision in the office of the Village Clerk, file a written demand with the Village Clerk requesting that the Board of Appeals render its decision in a long form format containing findings which formed the basis for the Board's determination. The Village Clerk shall promptly deliver this written demand to the Chairman, who, upon its approval by the Board, shall file it with the Village Clerk. | |
In cases 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. In cases 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. |
B.
Additional powers of the Board of Appeals.
(1)
The Board of Appeals, in addition to its powers and duties specified in the Village Law of the State of New York, shall have the power to the extent hereinafter set forth, after public notice and hearing, and subject to appropriate conditions and safeguards, to determine and vary the application of the regulations herein established in harmony with the purposes enumerated in said Village Law, and the general intent and purposes of these regulations, as follows:
(a)
Permit a public utility building in any district.
(b)
Permit a municipal building in any district.
(c)
Grant in undeveloped sections of the Village temporary and conditional permits for not more than two years for structures and uses in contravention of requirements of this chapter.
(d)
Permit in a residence district a temporary and conditional use of a plot or tract of land for the business or occupation of construction and sale of dwellings and the buildings and structures accessory thereto, and provide, in connection with said permit, regulations for the conduct of such business and conditions under which construction and sale of dwellings shall be permitted on the plot or tract for which said permit is issued. No building permit shall be issued for a building or structure authorized by the Board of Appeals under this subsection unless the same shall conform with the permit granted by the Board of Appeals and the conditions specified in connection therewith.
(e)
Permit any special exception specifically provided for in this chapter.
(2)
The Board of Appeals may in appropriate cases provide that any permit granted under this Subsection B ("this subsection") shall be temporary and shall be effective only for the period fixed by the Board not beyond two years and any application for renewal of such permit shall be acted upon in the same manner as an initial application.
(3)
On all applications for permits under this subsection, the Board of Appeals, in addition to requirements herein, shall give consideration to the health, safety, morals, 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 the ordinance and the applicable provisions of the Village Law.
(a)
The determination of the Board of Appeals on all applications under this subsection shall be made in accordance with the Comprehensive Plan and design set forth in this chapter with the purpose and intent set forth in the title, subtitle and preamble thereto and in § 7-704 of the Village Law, except as to variances allowed on the ground of practical difficulty and unnecessary hardship.
(b)
The Board of Appeals shall not authorize the issuance of any permit under the provisions of this subsection unless it finds 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 the residents thereof;
[4]
Will not alter the essential character of the neighborhood; and
[5]
Will not be detrimental to public convenience and welfare.
(4)
In considering any application under this subsection, the Board shall give consideration to the following:
(a)
Accessibility of the premises for fire and police protection.
(b)
Access of light and air top the premises and of adjoining property.
(c)
Traffic problems, transportation requirements and facilities; parking facilities.
(d)
Hazards from fire.
(e)
The size, type and kind of buildings and structures in the vicinity where the public is apt to gather in numbers, such as hospitals, churches, schools and the like.
C.
Before the Board of Appeals shall authorize the issuance of any permit under this article, the owner of the plot or tract of land shall submit a verified application setting forth:
(1)
Full name and address of the applicant.
(2)
If a farm or corporation, full name and residence of each member of the firm or that of the principal officers of the corporation, as the case may be.
(3)
Name and address of the architect.
(4)
Name and address of mortgagee, if any.
(5)
Address of the sales office (if a sales office is to be on the plot or tract, the location thereof).
(6)
Number of dwellings intended to be constructed.
(7)
Distance from public water supply.
(8)
Land and Tax Map description of the plot or tract.
(9)
Period of time for which permit is requested.
D.
Accompanying said verified application, which shall be construed as constituting a part thereof, shall be submitted:
(1)
A site plan showing the location of each building or buildings to be erected.
(2)
Architect's drawings and renderings of the exterior elevations of each building to be erected on the site.
E.
The Board of Appeals, in authorizing the issuance of any permit under this article, may provide (which shall be in addition to the provisions of this section) as a condition of the issuance of such permit:
(1)
If the Board of Appeals finds that public facilities or public utilities or any of them are inadequate to serve the new construction or any part at the time when the permit is authorized, then the construction of the dwellings shall be scheduled at such time (within the period of the permit) as the public facilities or public utilities will be available to serve such new construction.
(2)
That the dwelling erected on each plot shall be in accordance with the elevations shown on the architect's drawings and renderings for the dwelling to be erected on such plot.
F.
The Board of Appeals in considering any application made under this article, shall, in conjunction with its review under the provision of the Village Law, give consideration to the exterior treatment of the dwelling or dwellings for which said application is made.
G.
The same or similar exterior treatment of a dwelling shall not be repeated for another dwelling within 900 feet thereof, on the same street, nor shall the same or similar exterior treatment of a dwelling be repeated on any corner plots of intersecting streets.
H.
The words "exterior treatment" as used herein are defined as follows:
EXTERIOR TREATMENT
The distinct variety of treatment such as fenestration and materials of fenestration, rooflines and materials of weather roofing, treatment of entrances, entries to garage, orientation of building to plot, exterior colors and materials, cornice treatment, style of architecture, dormers and their roof treatment, the varied uses of trellises, pergolas, sun screens and terraces, the use of cupolas, dove cote, blinds, pitch of roofline and multiple stories.
§ 320-62 Extension of original jurisdiction.
The original jurisdiction of the Board of Appeals to determine and vary the application of these regulations as provided in § 320-61, upon an appeal from an order, requirement, decision or determination made by an administrative official of the Village, is hereby extended to include, and the Board of Appeals shall have the power to hear and determine applications for such variances made directly to the Board of Appeals for its action in the first instance, with the exception of applications made pursuant to § 320-61A(5) and such applications are hereby referred to the Board of Appeals.
§ 320-63 Fee for hearing.
[Amended 7-24-2008 by L.L. No. 2-2008]
Upon filing an application for an appeal to the Board of Appeals, the applicant shall pay a fee at the time of the filing of such application as set by resolution of the Board of Trustees from time to time to defray the necessary costs and expenses of hearing the application.
§ 320-64 Responsibility
The Board of Appeals shall pass upon all applications made under § 320-61 or under any other sections of this chapter where the approval of the Board of Appeals is required.