Rockville Centre City Zoning Code
ARTICLE XXVIII
Board of Appeals
§ 340-140 Powers and duties.
A.
Board of Appeals.
(1)
In accordance with Village Law § 7-712(2), the Mayor shall appoint members of the Board of Appeals and the Chairperson, subject to the approval of the Board of Trustees, to serve for terms of five years each. At the expiration of each term, the succeeding member shall be appointed for a term of five years. Any vacancy on the Board of Trustees shall be filled in the same manner, for the remainder of the unexpired term. The Board of Appeals shall hear and decide appeals from and review any order, requirement, decision or determination made by an administrative officer or board charged with the enforcement of this chapter. The Board of Trustees may also appoint a counsel or legal advisor and the Secretary (Clerk) for the Board of Appeals. The Board of Appeals shall also hear and decide all matters referred to it or upon which it is required or authorized to pass pursuant to the Village Code or the Village Law of the State of New York. Such appeal may be taken by a person aggrieved or by any officer, department, board or bureau of the Village. Such Board of Appeals shall have all the rights, powers and duties granted to or imposed upon it by the Village Law of the State of New York. Such Board of Appeals may determine and vary the application of the regulations herein contained, in harmony with their general purpose and intent in accordance with the general and specific rules herein contained, as provided in the Village Law.
(2)
Alternate members.
(a)
In accordance with Village Law § 7-712, Subdivisions 11(a) through (c), the Board of Trustees may appoint alternate members of the Board of Appeals for purposes of substituting for a member who is unable to participate in any matter because of a conflict of interest, protracted absence or other cause. The Board of Trustees shall appoint such alternate members in a number sufficient to meet the needs of the Village, for terms of one year each.
(b)
The Chairperson of the Board of Appeals shall designate such alternate members to serve on a rotating basis, to substitute for a member who is unable to participate because of a conflict of interest, protracted absence or other reason with respect to any one or more applications or matters before the Board. When so designated, the alternate member shall possess all the powers and responsibilities of the member of the Board replaced by such alternate, and all the provisions of the Village Law relating to Board of Appeals member training and continuing education, attendance, conflict of interest, compensation, eligibility, vacancy in office, removal and service on other boards shall also apply to alternate members. When a designation is made by the Chairperson of the Board of Appeals, it shall be entered into the minutes of the Board of Appeals meeting at which the substitution is made.
B.
Such Board of Appeals may make rules to govern procedure in matters before it, consistent with the provisions of law and this Village Code. Such rules may require that the applicant or appellant give such notice of a pending proceeding as the Board may prescribe to the owners of such adjacent or surrounding property as the Board may deem to be affected thereby, and file with the Board proof of the service of such notice.
C.
Such Board of Appeals shall not require any applicant or appellant appearing before it to obtain the signature or consent of any person residing or having property In the vicinity of the property described in the application or the appeal as a condition of granting relief. Determinations of the Board whether to grant relief in any matter shall be made based upon the considerations specified by law and in this Code, and shall not be dependent upon the consent or agreement of any person or entity other than a person or entity who is the owner of the property, or property interest, which is the subject of such matter.
D.
In addition to the powers enumerated herein, but not in limitation thereof, the Board of Appeals may, in specific cases, after public notice and hearing, and subject to appropriate conditions and safeguards, determine and vary the application of the regulations herein established, in harmony with their general purpose and intent, as follows:
(1)
Approve the issuance of a permit wherever it is provided in this chapter that the approval of the Board of Appeals is required.
(2)
Permit the erection of a building and accessory buildings on lots having less than the frontage or area required in the use district in which the property is located.
(3)
Where a district boundary line divides a lot held in single and separate ownership, the Board of Appeals may permit the use authorized on either portion of the lot to extend to the entire lot but not more than 50 feet beyond the boundary line of the district in which such use is authorized.
(4)
Parking in residence zone:
(a)
Permit the use of property in a Residential A Zone that abuts premises zoned for business, for the parking of vehicles in connection with the business activity conducted upon such adjoining business property, provided that:
[1]
Any permit or permit renewal that is granted and any conditions that are imposed shall be in accordance with the standards set forth in § 340-142.1 of this chapter, and only upon an application made by the owner or owners of the abutting business property and of the property covered by the application.
[2]
The property that may be used pursuant to a permit or permit renewal shall in no event extend to a distance greater than 100 feet from the abutting business property, or to the nearest street, whichever distance is shorter.
[3]
Any permit or permit renewal granted under this section shall be for a period to be determined by the Board of Appeals, in its discretion, but in any event not more than three years. When a permit is issued for more than one year, the Zoning Board of Appeals shall require the submission of an annual report by the Building Department to the Zoning Board of Appeals with respect to the status and condition of the property and use.
[4]
A permit or permit renewal granted pursuant to this section shall contain reasonable conditions and requirements as, in the sole discretion of the Board of Appeals, relate to the use of both the business and residential property, including but not limited to the type of parking field surface; parking arrangements; suitable entrances and exits; installation and/or maintenance of fencing or screening; location, enclosure and maintenance of refuse containers; cleanliness; safety; police and fire access; lighting; and signage, in keeping with neighborhood conditions.
(b)
Applications made pursuant to Subsection D(4)(a) shall contain photographic or other evidence from which the Board can determine whether the granting of the application for a permit or permit renewal will have an undue adverse effect upon the adjoining residential area into which the parking field is sought to be or has been established, and whether the establishment or continuation of such parking area will be beneficial or detrimental to the adjoining residential properties and neighborhood.
(c)
Any permit granted hereunder shall be subject to revocation by the Board of Appeals upon submission to the Board by any interested party of evidence which the Board finds to be sufficient to prove a violation of any of the conditions upon which such permit was granted.
(5)
Permit the change, continuance or extension of a nonconforming use as provided in Article Ill of this chapter.
(6)
Issue temporary and conditional permits to contractors or builders under such conditions as the Board shall prescribe for not more than one year for structures, signs and uses in contravention of the use regulations controlling residence districts, including signs, temporary offices and structures on a plot or tract in course of development, provided that such uses are important to the development of such undeveloped plot or tract, and also provided that such uses are not prejudicial to adjoining and neighboring plots or tracts already developed or proposed to be developed. Such structures and signs shall in any event be removed and such uses shall be discontinued within 30 days after completion of the work on the plot or tract.
(7)
Permit the construction, extension, alteration or conversion of a building and the use of premises in the Business A District for the business of a public garage for the storage or repair of motor vehicles, or for the business of a motor vehicle or taxi service or of an automobile service or gas filling station, used-car lot, dry-cleaning establishment or of an amusement park or carnival, miniature golf course, bowling alley, shooting gallery, billiard or pool parlor or business of a similar nature; and in the Business B District, for the business of a dry-cleaning establishment, amusement park or carnival, shooting gallery or business of a similar nature; provided, however, that the Board of Appeals shall find and determine, in each instance, that such use of the premises will not be an annoyance, detriment, disturbance or nuisance to the neighborhood and will not imperil the safety of persons and property or prejudice the general health or welfare or the general plan and purpose of this chapter, and provided further that all other ordinances of the Village be complied with. The Board of Appeals, in passing upon applications for use of premises in Business A District for bowling alley use, shall in addition to the foregoing findings, in each instance, also find and determine before granting such application, the following:
(a)
That the premises upon which a bowling alley use is requested is located at a sufficient distance from premises used for residential uses and/or zones so that such bowling alley use will not constitute an annoyance, detriment, disturbance or nuisance to such residential property.
(b)
That sufficient parking space is available.
(c)
That the building is constructed in such manner, including ventilation system, that such use creates a minimum of sound both within and without the building.
(d)
That such use shall be operated in a manner so as not to disturb the use of any premises for religious purposes upon the Sabbath or other religious holidays.
(e)
That such use of premises shall not constitute an undue burden upon the streets or roads so as to create a traffic hazard.
(8)
In any case where the Board of Appeals determines in accordance with applicable law that it is appropriate to grant a variance, waiver or other relief which results in the permissible use of a premises or building in a nonresidential zoning district with less than the off-street parking otherwise required by this code for such use, the Board of Appeals may impose conditions reasonably related to such variance, waiver or other relief.
[Added 4-1-2024 by L.L. No. 1-2024]
(a)
In addition to such authority, and in addition to its powers pursuant to Village Law 7-712-b(4), in each such case to which this Subsection D(8) is applicable the Board of Appeals shall impose as a condition of any such relief a requirement that the applicant make a payment to the Village, in an amount established from time to time by resolution of the Board of Trustees, in an amount calculated as follows:
[1]
Determine the number of required spaces, which will be identified as A.
[2]
Determine the number of available code compliant spaces. This number, or 9, whichever is greater, will be identified as B.
[3]
Subtract B from A.
[4]
Multiply the result by the per space payment amount established by the Board of Trustees.
The Board of Trustees may establish such required in lieu per space payment in different amounts for different classes of uses, and may revise the amount of such per space payments from time to time. In determining the amount of such in lieu payments, the Board of Trustees shall consider, among other factors, the estimated current cost of providing a parking space. All such payments to the Village shall be maintained in a separate fund and shall be used only for the planning, design, acquisition, development, construction, installation, maintenance and/or improvement of public parking in the Village as may be determined by the Board of Trustees in its sole discretion.
(b)
When such required payment has been made in full, the relief granted from off-street parking requirements thereafter shall remain in effect for the subject property so long as the use of the subject property is not changed to any use which would require a greater number of off-street parking spaces than required for the use in relation to which the variance or waiver was granted. Any change of use which requires off-street parking in excess of the number for which the variance or waiver was granted shall not be permitted except pursuant to a further or additional variance or waiver, and subject to the payment provisions of this section. No refund of such payment shall be made where there is a change of use requiring fewer off-street parking spaces than the number for which any variance or waiver previously was granted.
(c)
Any such required “in lieu” payment shall be made in one lump sum, prior to issuance of a building permit, provided, however, that the Board of Appeals shall have authority in its sole discretion to direct a different payment schedule for such payment provided that all such payments shall be required to be made prior to issuance of a certificate of occupancy or completion.
(d)
Each application to the Board of Appeals for relief from off-street parking requirements shall be deemed to include the consent of the applicant to the imposition of “in lieu” payment pursuant to this section.
(e)
Neither the provisions of this section, nor the availability of required “in lieu” payments where parking requirements are varied or waived, shall serve as or constitute a basis or ground for any application for a waiver or variance of otherwise applicable off-street parking requirements. All applications for such variances or waivers shall be determined based upon the appropriate standards for such relief as otherwise established by law.
§ 340-141 Time limit to act upon variance.
Whenever a permit or variance is granted by the Board of Appeals, such permit or variance shall be acted upon to an extent required by law to obtain vested status, and, in the case of a structural permit or variance, completed, within the time set forth in the decision of the Board of Appeals, unless an extension shall be granted by the Board of Appeals upon application or on its own motion. Any such extension may be granted without public hearing, in the discretion of the Board of Appeals. If not so acted upon and completed within one year of the granting of the same, unless extended as aforesaid, such permit or variance shall automatically expire without notice.
§ 340-142 Meetings.
Meetings of the Board of Appeals shall be public to the extent required by law. The Clerk to the Board shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or falling to vote, indicating that fact. The Clerk shall also keep a record of the examinations and other official actions of the Board. When required, the Board shall employ adequate stenographic assistance to make a proper record of proceedings and testimony before the Board. Every rule, regulation, every amendment or repeal thereof and every order, requirement, determination or decision of the Board shall promptly be filed in the office of the Board and shall be a public record to the extent provided by law.
§ 340-142.1 Deliberations and determinations of Board of Appeals. [1]
A.
Whenever under the provisions of this chapter or the Village Law of the State of New York any matter is referred to the Board of Appeals to hear and decide or upon which it is required to pass, or when its approval, consent or permit is required, it shall confine itself to a consideration of the health, safety, morals and general welfare of the community in harmony with the general purpose and intent of this chapter, and such other considerations as may be applicable pursuant to the Village Code or the Village Law.
B.
Each such determination by the Board of Appeals shall be made in accordance with the Village's Comprehensive Plan and design, and shall include considerations of relevant factors to, and conditions reasonably necessary to, lessen congestion in the streets; secure safety from fire, panic and other dangers; promote the health and general welfare; provide adequate light and air; prevent overcrowding of land; avoid undue concentration of population; and facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements.
C.
The deliberations and determinations of the said Board shall be made with reasonable consideration, among other things, of the character of the district and its peculiar suitability to the particular uses, and with a view to conserving the value of building and property generally, and encouraging the most appropriate use of land throughout the Village.