Spring Valley City Zoning Code
ARTICLE XII
Board of Appeals
§ 255-54 Creation, appointment and organization.
[Amended 4-11-1995 by L.L. No. 1-1995]
The existing five-member Board of Appeals is hereby continued. Their successors shall be appointed in accordance with the provisions of the Village Law. The Village Board shall designate the Chairman from the Board of Appeals' membership.
§ 255-54.1 Alternate members.
[Added 11-30-1999 by L.L. No. 2-1999]
The Board of Trustees of the Village of Spring Valley may, in any year it deems necessary, appoint two alternate members to the Zoning Board of Appeals to serve as provided for in this section. Such alternate members shall be appointed for a two-year term of office. The Chairman of the Zoning Board of Appeals shall assign such alternate members as necessary when absence of regular members of said Board or the conflict of interest of regular members of said Board would otherwise prevent five members of said Board from considering any pending matter. Once designated to serve on a particular matter before the Board, alternate members shall have the same powers and duties as regular members of the Board until that matter is concluded. Any determination of said Board consisting of an alternate member or members shall have the same weight and be entitled to the same authority as the act or deed of the regular Zoning Board of Appeals, and all laws, statutes and regulations shall apply and be applied with equal force and effect. Such alternate members appointed pursuant to this section shall be paid for their respective services as fixed by resolution of the Board of Trustees.
§ 255-55 Meetings and records.
[Amended 1-28-1986 by L.L. No. 1-1986; 4-11-1995 by L.L. No. 1-1995]
Meetings shall be held at the call of the Chairman and at such other times as the Board may determine. The Board shall adopt rules and regulations governing its procedures. The presence of three members of the Board shall be necessary for a quorum. The concurring vote of three members shall be necessary to affect any variation or variance in this chapter, to reverse any order, requirement, decision or determination appealed from or to decide in favor of the applicant any matter before the Board. The Board shall keep minutes of its proceedings, showing the vote of each member on every question, or, if any member is absent or fails to vote, indicating that fact, and shall also keep records of its examinations and other official actions. Every rule, determination, regulation, amendment or appeal thereof and every order, requirement and decision of the Board shall promptly be filed within five days in the office of the Board and with the Village Clerk.
§ 255-56 Powers and duties.
A.
General. The Board of Appeals shall have all of the powers and duties prescribed by Village Law and by this chapter, which powers and duties are summarized and more particularly specified in the following, provided that none of the following sections shall be deemed to limit any of the powers of the Board of Appeals that are conferred by the Village Law.
B.
Rules and regulations. The Board of Appeals may adopt such rules and regulations as are necessary or proper to the performance of its powers and duties hereunder and may amend or repeal the same.
C.
Nonconforming uses. The Board of Appeals is authorized to extend the permitted period for cessation of a nonconforming use in accordance with the requirements of § 255-53H of this chapter; review and approve, approve with modifications or disapprove a plan for reconstruction of a nonconforming building in accordance with the requirements of § 255-53E of this chapter; and to permit the change of a nonconforming use to another nonconforming use in accordance with § 255-53B of this chapter.
D.
Variances. On appeal from an order, requirement, decision or determination made by the Building Inspector charged with the enforcement of this chapter or on referral of an applicant to the Board by an approving agency acting pursuant to this chapter, the Board of Appeals is authorized to vary or modify the strict letter of this chapter, where its literal interpretation would cause practical difficulties or unnecessary hardships, as defined in this section, in such manner as to observe the spirit of the chapter, secure public safety and welfare and do substantial justice.
(1)
Use variances.
[Amended 4-11-1995 by L.L. No. 1-1995]
(a)
The Board of Appeals, on appeal from the decision or determination of the administrative officer charged with the enforcement of this chapter, shall have the power to grant use variances as defined in § 7-712 of the Village Law.
(b)
No such use variance shall be granted by the Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant shall demonstrate to the Board of Appeals 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; and
[4]
The alleged hardship has not been self-created.
(c)
The Board of Appeals, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proved by the applicant and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
(2)
Area variances.
[Amended 4-11-1995 by L.L. No. 1-1995]
(a)
The Board of Appeals shall have the power, upon an appeal from a decision or determination of the administrative officer charged with the enforcement of this chapter, to grant area variances as defined in § 7-712 of the Village Law.
(b)
In making its determination, the Board of Appeals shall take into consideration 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:
[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 other method, feasible for the applicant to pursue, other than an area variance;
[3]
Whether the requested area variance is substantial;
[4]
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
[5]
Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Appeals but shall not necessarily preclude the granting of the area variance.
(c)
The Board of Appeals, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
E.
Other appeals. On appeal from an order, requirement, decision or determination made by the Building Inspector or on request from any official, agency or board of the village, the Board of Appeals is authorized to decide any question involving the interpretation of any provision of this chapter. Interpretations shall be made in accordance with the intent of the particular provision being interpreted.
F.
Decisions of the Planning Board. The Board of Appeals is authorized to hear and decide appeals from decisions of the Planning Board. The Board may grant a variance in the application of the decision of the Planning Board, provided that it finds, in accordance with the standards of § 255-56D(1), that there are practical difficulties associated therewith.
[Amended 4-11-1995 by L.L. No. 1-1995]
G.
Conditions and safeguards. The Board of Appeals may prescribe such 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 and to protect the public health, safety and welfare. Such conditions or restrictions shall be incorporated in the building permit and certificate of occupancy. Failure to comply with such conditions or restrictions shall constitute a violation of this chapter and may constitute the basis for denial or revocation of a building permit or certificate of occupancy and for all other applicable remedies.
H.
Extend and modify. The Board of Appeals shall have the power to grant any extension or modification as provided in this chapter.
§ 255-57 Procedure.
A.
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 of 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 local law 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.
[Amended 4-11-1995 by L.L. No. 1-1995]
B.
Review by other agencies.
(1)
Upon receipt of a completed appeal or application, the Board of Appeals shall forward copies for review and report to the Building Inspector and to other such officials and agencies of the village as it deems appropriate. All such agencies shall have 30 days from the date of forwarding to submit a report.
[Amended 1-26-1986 by L.L. No. 1-1986]
(2)
The Board of Appeals shall refer to the Rockland County Planning Board for its recommendation all required matters within the provisions of Article 12-B, §§ 239-l and 239-m, of the General Municipal Law. If the Rockland County Planning Board fails to report within the statutory period of 30 days or such longer period as has been agreed upon by it and the Board of Appeals, the Board of Appeals may act without such report. If the Rockland County Planning Board disapproves the proposal or recommends modifications thereof, the Board of Appeals shall not act contrary to such disapproval or recommendation except by a vote of a majority plus one of all members thereof and after the adoption of a resolution fully setting forth the reasons for such contrary action. Within seven days after final action by the Board of Appeals, a report shall be filed of the final action it has taken with the County Planning Board.
C.
Public hearing. The Board of Appeals shall conduct a public hearing on any appeal, application or request made pursuant to this chapter. Such public hearing shall be held within 62 days of the date an appeal is taken or an application or request is made to the Board.
[Amended 4-11-1995 by L.L. No. 1-1995]
D.
Notice of hearing. Notice of the hearing shall be published in the official newspaper at least five days prior to the date of such hearing. Notice shall also be sent by the applicant five days prior to the date of such hearing, to all property owners within 500 feet of the perimeter of the property, in the same manner as is required for amendments, pursuant to § 255-67 of this chapter. The applicant shall cause signs to be posted on such property on each street frontage indicating the date and purpose of such hearing. The costs of all such notices shall be paid by the applicant.
[Amended 4-11-1995 by L.L. No. 1-1995]
E.
Action. Every decision of the Board of Appeals shall be by resolution within 62 days, shall be recorded and shall fully set forth the facts of the case, the findings and the conclusions on which the decision is based. The Board shall immediately file its resolution in the office of the Board and with the Village Clerk within five days and shall, within 10 days thereafter, mail a copy of such resolution to the applicant.
[Amended 1-28-1986 by L.L. No. 1-1986; 4-11-1995 by L.L. No. 1-1995]
§ 255-58 Expiration of variances.
[Amended 4-10-2012 by L.L. No. 3-2012]
A variance granted under this chapter shall automatically expire if substantial construction, in accordance with the plans for which such variance was granted, has not been completed within 18 months or such other time limit as may be chosen by the Board of Appeals in connection with its decision, from the date of granting such variance by the Board or within 18 months from the date of the approval of the final site plan by the Planning Board, whichever occurs later. If judicial proceedings to review the Zoning Board of Appeals decision shall be instituted, the variances shall expire 18 months from the date of entry of the final order in such proceedings, including all appeals.