Pound Ridge City Zoning Code
ARTICLE XI
Board of Appeals
§ 113-78 Establishment; powers to adopt regulations; organization.
A.
A Board of Appeals, as heretofore established by the Town Board, is hereby maintained.
B.
Said Board shall have the power to adopt, from time to time, such rules and procedure not inconsistent with law, as it may determine to be necessary to carry out the provisions of these regulations and to exercise the authority vested in it by the Town Law.
§ 113-79 Powers and duties.
The Board of Appeals shall have all the powers and duties prescribed by the Town Law and by this chapter, which powers and duties are summarized and more particularly specified as follows, provided that none of the following provisions shall be deemed to limit any of the power of the Board of Appeals that is conferred by §§ 267, 267-a and 267-b of the Town Law.
§ 113-80 Interpretation.
On appeal from an order, requirement, decision or determination made by an administrative official, the Board of Appeals shall decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any "district" boundary line, if uncertainty remains after reference to the rules specified in Article II.
§ 113-81 Variances.
Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the chapter, the Board of Appeals shall have the power in passing upon appeals to vary or modify the application of any of the regulations or provisions of this chapter relating to the "use," construction or alteration of "buildings" or "structures" or the "use" of land, upon application by an appellant, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done.
A.
"Use" variances. Where because of unnecessary hardship relating to the land an applicant desires to utilize land for a "use" not allowed in the "district" in which the land is located, the Board may grant a variance in the application of the provisions of this chapter in the specific case, provided that as a condition to the grant of any such variance, the applicant shall demonstrate to the Board, and the Board shall make each and every one of the following findings, that for each and every permitted "use" under the zoning regulations for the particular "district" where the property is located:
(1)
The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;
(2)
The alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the "district" or neighborhood;
(3)
The requested "use" variance, if granted, will not "alter" the essential character of the neighborhood;
(4)
The alleged unnecessary hardship has not been self-created; and
(5)
That within the intent and purposes of this chapter the variance, if granted, is the minimum variance necessary to afford relief and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. To this end, the Board may permit a lesser variance than that applied for.
B.
Area variances. In making its determination, the Board of Appeals shall consider the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety, and welfare of the neighborhood or community by such grant. In making such determination, the Board shall also consider the following factors:
(1)
Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance.
(2)
Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue other than an area variance.
(3)
Whether the requested area variance is substantial in relation to the requirement.
(4)
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or "district."
(5)
Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board but shall not necessarily preclude the granting of the area variance.
(6)
The Board, in the granting of an area variance, shall grant the minimum variance that it shall deem necessary and adequate to afford relief and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. To this end, the Board may permit a lesser variance than that applied for.
C.
Variances when subdivision, site plan or special permit applications are involved. Where a proposed site plan contains one or more features which do not comply with the zoning regulations, or where a proposed special permit "use" contains one or more features which do not comply with the zoning regulations, or where a proposed subdivision plat contains one or more "lots" which do not comply with the zoning regulations, application may be made to the Board of Appeals for an area variance or variances pursuant to Subsection B, without the necessity of a decision or determination of an administrative official charged with the enforcement of this chapter or a referral by an approving agency acting pursuant to this chapter.
§ 113-82 Conditions and safeguards.
[Amended 4-11-2003 by L.L. No. 4-2003]
The Board of Appeals, in granting of both "use" variances and area variances, may prescribe such reasonable conditions or restrictions applying to the grant of a variance as it may deem necessary in each specific case, in order to minimize the adverse effects of such variance upon the character and property values of the neighborhood or community and to protect the public health, safety and welfare. All required improvements, and compliance with all applicable laws and regulations of the Town Code, shall be guaranteed by a performance and restoration bond, or other suitable form of financial security deemed acceptable by the Town Attorney, in accordance with the provisions of § 113-92.1. Such conditions or restrictions shall be directly related to the proposed "use" of the property and shall be incorporated in the building permit and certificate of occupancy. Failure to comply with such conditions and restrictions shall constitute a violation of this chapter, and may constitute the basis for denial or revocation of a building permit, certificate of conformance or certificate of occupancy and for all other applicable remedies.
§ 113-83 Appeal or application.
An appeal shall be taken within 60 days of the order or decision appealed from by filing with the official or agency from whom the appeal is taken and with the Board of Appeals a notice of appeal specifying the ground thereof. The official or agency from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from is taken. A referral to the Board for a variance, or a request for an interpretation, may be made at any time. All such appeals and applications to the Board shall be made by the owner or agent duly authorized, in writing, and shall be on forms prescribed by the Board. 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 adjustment that is applied for and the grounds on which it is claimed that the same should be granted.
§ 113-84 Review by other agencies.
A.
Upon receipt of a completed appeal or application, the Board of Appeals may forward copies for review and report to the Building Inspector, Town Engineer and Planning Board and to other such officials and agencies of the Town as it deems appropriate. All such agencies shall have 45 days from the date of forwarding to submit a report. In reviewing an application for an area variance for a subdivision plat, the Zoning Board of Appeals shall request the Planning Board to provide a written recommendation concerning the proposed variance.
B.
The Board of Appeals shall refer to the Westchester County Planning Board for its recommendation all matters within the provisions of Article 12B, Section 239-l and 239-m of the General Municipal Law at least 10 days prior to the public hearing.
§ 113-85 Public hearing.
The Board of Appeals shall conduct a public hearing on every appeal, application or request made pursuant to this chapter. Such public hearing shall be held within a reasonable time from the date an appeal is taken or an application or request is made to the Board.
§ 113-86 Notice of hearing.
[Amended 12-8-2016 by L.L. No. 2-2016]
Notice of Hearing shall be published in the official newspaper at least 14 days prior to the date of such hearing
§ 113-87 Decision.
The Board of Appeals shall decide upon the appeal for relief, interpretation or determination within 62 days after the close of said hearing. The time within which the Board must render its decision may be extended by mutual consent of the applicant and the Board. Every decision of the Board of Appeals shall be by resolution, shall be recorded and shall fully set forth the facts of the case, the findings and the conclusions on which the decision was based. The decision of the Board shall be fide in the office of the Town Clerk within five business days after the day such decision is rendered, and a copy of such resolution shall be mailed to the applicant.
§ 113-88 Rehearing.
A motion for the Zoning 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. A unanimous vote of all members of the Board then present is required for such hearing to occur. Such rehearing is subject to the same notice provisions as an 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 the Board finds that the rights vested by persons acting in good faith in reliance upon the reviewed order, decision or determination will not be prejudiced thereby.
§ 113-89 Fees.
Any person or corporation, other than the Town of Pound Ridge, making any application to the Board of Appeals under the provisions of this chapter shall pay to the Building Department the sum as set forth in the Schedule of Fees[1] to cover the cost of advertising the notice of hearing, upon each application filed.