Village Of The Branch
City Zoning Code
City Zoning Code
ARTICLE XI
Amendment, Change and Variance of Regulations
§ 275-81 Board of Zoning Appeals.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Board of Trustees shall appoint a Board of Zoning Appeals consisting of five members, each of whom shall be a resident of the Incorporated Village of the Branch and each of whom shall serve for a term of five years in the position to which he shall be appointed. Every member of said Board of Zoning Appeals shall be considered a public officer, shall take and sign a constitutional oath of office prior to assuming his duties and commencing his term of office, and shall be subject to all of the provisions of law applicable to public officers. The Chairman of said Board shall be appointed from the five members by the Board of Trustees. No member of the Board of Trustees shall be eligible for membership on said Board of Zoning Appeals during his term of office as a Trustee.
§ 275-82 Powers of Board of Zoning Appeals and Board of Trustees.
Except as otherwise provided in this chapter or any other provision of this Code, the Board of Zoning Appeals shall hear and decide appeals from and review therein any order, decision or determination of any body or officer of the Incorporated Village of the Branch on an application made to such body or officer under and pursuant to the Zoning Law of the Village; provided, however, that any and all appeals from orders, decisions and determinations concerning the use to which lands, buildings and structures may be put shall be reviewed only by the Board of Trustees. In the exercise of its functions, the Board of Zoning Appeals shall have all of the rights, privileges, powers and immunities granted to or imposed upon it by the laws of the State of New York, except as otherwise provided herein; and the Board of Trustees, where sitting as an appeals review board under this chapter, shall have the same rights, privileges, powers and immunities. Included in the foregoing powers shall be the power of the Board of Zoning Appeals or the Board of Trustees, as the case may be, to vary or modify the application of provisions of this chapter in harmony with their general purpose and intent and in accordance with the general and specific rules herein contained.
§ 275-83 Standards for special exception permits.
In considering and determining applications for special exception permits under this chapter, the following standards shall be considered as applied to the specific application:
A.
The purpose of zoning as set forth in the Constitutions, laws, ordinances, rules and regulations of the United States, of the State of New York and of the Incorporated Village of the Branch, and uses permitted in the zoning district of the Incorporated Village of the Branch in which the property shall be located.
B.
Whether the proposed use is of such character, size, location, design and site layout as to be appropriate to and in harmony with the surrounding properties.
C.
Whether the proposed use will provide a desirable service, facility or convenience to the area or otherwise contribute to the proper growth and development of the community and to its general welfare.
D.
Whether the proposed use will be hazardous, conflicting or incongruous to the immediate neighborhood by reason of excessive traffic, assembly of persons or vehicles, proximity to travel routes or congregations of children or pedestrians.
E.
Whether the proposed use will be of such nature as to be objectionable to nearby residential dwellings by reason of noise, lights, vibration or other factors of impact.
F.
Whether the proposed use will be a harmonious use in the district in which it is to be situated and will not hinder or discourage the appropriate use and development of adjacent uses or impair the value thereof.
G.
Any and all conditions which the Board having jurisdiction over the particular special exception application, in its sole discretion, may wish to impose upon the granting of such special exception permit or permits in order to effectuate the purposes of this chapter, to conserve and protect property values or to promote the health, safety, welfare and well-being of the residents and/or property owners of the Incorporated Village of the Branch.
§ 275-84 Filing requirements; documents and fees.
In addition to complying with the disclosure provisions of Chapter 16, Art. II, of this Code, every applicant filing a petition with the Village Clerk for a change of zone, special exception permit, use variance or area variance, or appeal to the Board of Trustees or to the Board of Zoning Appeals, as the case may be, however designated, shall submit and simultaneously file with said Village Clerk, in quintuplicate, the following:
A.
A map, accurately drawn to scale by a licensed engineer or surveyor, showing:
(1)
The areas, courses and distances of the land to be considered for the proposed change, exception, variance or appeal;
(2)
The streets in the immediate vicinity and the courses and distances to the nearest street intersection; and
(3)
The names of the owners of record of all lands within a two-hundred-foot radius of the premises in question.
B.
A check, drawn to the order of the Incorporated Village of the Branch, in an amount determined by the Board of Trustees, is to be paid simultaneously with any application to the Board of Trustees for change of zone, special use permit or use variance, or to the Board of Zoning Appeals for an area variance or other appeal under the chapter.
[Amended 10-9-1984 by L.L. No. 4-1984; 7-9-2013 by L.L. No. 3-2013]