Wappingers Falls Village
City Zoning Code
City Zoning Code
ARTICLE XIII
Zoning Board of Appeals
§ 151-101 Creation, appointment, organization, training.
A Zoning Board of Appeals, as heretofore established by the Village Board, shall be maintained in accordance with § 7-712 of NYS Village Law, except as otherwise provided for in the Village Code. Said Board shall consist of five members for staggered terms of five years. Vacancies for the unexpired terms of any members shall be filled for such unexpired period only.
The Village Board shall have the power to remove any member of the Zoning Board of Appeals for cause and after public hearing. Pursuant to § 10 of the Municipal Home Rule Law, this chapter supersedes the provisions of NYS Village Law § 7-712, Subdivision 9, in its application to the Village.
The Mayor shall appoint the members of the Zoning Board of Appeals and designate the Chairperson thereof, subject to the approval of the Village Board. In the absence of a chairperson the members of the Zoning Board of Appeals may designate a member to serve as acting chairperson. The Board of Appeals may prescribe reasonable rules, in addition to those provided herein, for the conduct of its affairs. The Village Board may provide for compensation to be paid to said members and to experts, clerks and a secretary and provide for such other expenses as may be necessary and proper, not exceeding the appropriation made by the Village Board for such purpose.
No person who is a member of the Village Board or Planning Board shall be eligible for membership on the Zoning Board of Appeals.
Alternate members shall be appointed to the Zoning Board of Appeals pursuant to the procedures set forth in Chapter 35, Zoning Board of Appeals, of the Village Code. All provisions of state law and of this article pertaining to member eligibility, vacancy in office, removal, training, continuing education, compensation, and attendance shall also apply to alternate members.
Each member of the Zoning Board of Appeals shall complete, at a minimum, four hours of training each year designed to enable such members to more effectively carry out their duties, in accordance with the provisions of § 7-712 of NYS Village Law. Training received by a member in excess of four hours in any one year may be carried over by the member into succeeding years in order to meet the requirements of this subsection. To be eligible for reappointment to such board, such member shall have completed the training promoted by the Village pursuant to this subdivision. The training required by this subdivision may be waived or modified by resolution of the Village Board when, in the judgment of such Board, it is in the best interest of the Village to do so. No decision of a board of appeals shall be voided or declared invalid because of a failure to comply with this subdivision.
§ 151-102 Powers and duties.
Consistent with NYS Village Law § 7-712-B, the jurisdiction of the Zoning Board of Appeals shall be both appellate and original, as follows:
Appellate jurisdiction.
Review of Orders, requirements, decisions, interpretations, determinations. The Zoning Board of Appeals may reverse or affirm, in whole or in part, or may modify the order, requirement, decision, interpretation or determination appealed from and shall make such order, requirement, decision, interpretation or determination as in its opinion ought to have been made in the matter by the administrative official charged with the enforcement of such local law and to that end shall have all the powers of the administrative official from whose order, requirement, decision, interpretation or determination the appeal is taken. Such appeal may be taken by any person aggrieved, or by an officer, department, board or bureau of the Village.
Use variances.
The Zoning Board of Appeals, on appeal from the decision or determination of the Code Enforcement Officer, shall have the power to grant use variances authorizing the use of land for a purpose which is otherwise not allowed or is prohibited by the terms of this chapter.
No such use variance shall be granted by the Zoning 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 Zoning Board of Appeals that for each and every permitted use under the zoning regulations for the particular district where the property is located:
The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;
The alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood;
The requested use variance, if granted, will not alter the essential character of the neighborhood; and
The alleged hardship has not been self-created.
The Zoning 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 proven 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.
Area variances.
The Zoning Board of Appeals shall have the power, upon an appeal from the decision or determination of the Code Enforcement Officer, to grant area variances from the dimensional or physical requirements of this chapter.
In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the area 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 of Appeals shall also consider:
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;
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;
Whether the requested area variance is substantial;
Whether the proposed area variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or zoning district; and
Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Zoning Board of Appeals but shall not necessarily preclude the granting of the area variance.
The Zoning Board of Appeals, in the granting of an area variance, 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.
Imposition of conditions. The Zoning Board of Appeals shall, in the granting of both use variances and area variances, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of the zoning local law, and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
Original jurisdiction with respect to nonconforming uses.
The Zoning Board of Appeals shall have the power to review any request for change of a nonconforming use to the extent required by § 151-95 of this chapter and to determine whether the proposed use is a similar or less nonconforming use.
§ 151-103 Procedures.
[Amended 3-12-2025 by L.L. No. 1-2025]
The Zoning Board of Appeals shall act in strict accordance with the procedures specified in § 7-712-A of NYS Village Law and this chapter.
Meetings. Meetings shall be held at the call of the Chairperson or at such other times as the Zoning Board of Appeals may determine. A quorum shall consist of a majority of all of the members of the Zoning Board of Appeals as fully constituted, regardless of vacancies or absences. An affirmative vote of the majority of the members of the Zoning Board of Appeals as fully constituted shall be required for all actions of the Board, except that a favorable vote of a majority plus one shall be required if the action taken by the Zoning Board of Appeals is contrary to an advisory recommendation received from the Dutchess County Department of Planning and Development under the provisions of §§ 239-1 and 239-m of the General Municipal Law. The Board shall keep accurate minutes of its proceedings, documenting fully all findings and showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact. All meetings and deliberations of the Board of Appeals shall be open to the public to the extent provided in Article 7 of the Public Officers Law.
Filing requirements.
Every rule, regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Zoning Board of Appeals shall be filed in the office of the Village Clerk within five business days and shall be a public record.
Each order, requirement, decision, interpretation or determination of the administrative official charged with the enforcement of the zoning local law shall be filed in the office of such administrative official within five business days from the day it is rendered, and shall be a public record.
Assistance to the Zoning Board of Appeals. The Zoning Board of Appeals shall have the authority to call upon any department, agency or employee of the Village for such assistance as shall be deemed necessary and as shall be authorized by the Village Board. Such department, agency or employee may be reimbursed for any expenses incurred as a result of such assistance.
Application and fee. All appeals and applications made to the Zoning Board of Appeals shall be in writing, submitted in number and on forms as may be prescribed by the Zoning Board of Appeals within 60 calendar days of the filing of any action appealed from, and shall be accompanied by the applicable fee in accordance with the Fee Schedule established by the Village Board and escrow in accordance with Chapter 72, Escrow Deposits, of the Village Code. Every appeal or application shall refer to the specific provision of this chapter that is involved and shall precisely set forth either the interpretation that is claimed or the details of the variance that is applied for and the ground on which it is claimed that such variance should be granted. Each application shall also be accompanied by Short or Full Environmental Assessment Form as required by the Zoning Board of Appeals pursuant to SEQRA, Article 8 of the Environmental Conservation Law, and 6 NYCRR Part 617.
Public notice and hearing.
The Zoning Board of Appeals shall fix a reasonable time and place for a public hearing on the appeal or other matter referred to it and shall give public notice of said hearing by publication in an official newspaper of the Village at least five calendar days prior to the date of the public hearing. The cost of sending or publishing any notices relating to such appeal or matter, or a reasonable fee relating thereto, shall be borne by the applicant and shall be paid to the board prior to the hearing of such appeal. Upon the hearing, any party may appear in person, or by agent or attorney.
Additionally, the Zoning Board of Appeals shall provide notice of the public hearing, including data regarding the substance of the application, to the applicant, together with a list of the owners of all property lying within 200 feet of the property lines of the property involved in such application. The applicant shall mail a copy of the notice to those property owners at least 10 calendar days prior to the hearing and shall provide a certificate of mailing to the Zoning Board prior to the public hearing.
The names and addresses of owners notified shall be taken as such appear on the last completed tax roll of the Village.
Provided that there has been substantial compliance with this provision, the failure to give notice in exact conformance herewith shall not be deemed to invalidate an action taken by the Zoning Board of Appeals in either granting or denying an appeal for a variance from a specific provision of this chapter.
Referrals.
The Zoning Board of Appeals shall refer a full statement of any appeal that meets the referral requirements of §§ 239-1 and 239-m of the General Municipal Law to the Dutchess County Department of Planning and Development for its review and recommendation. No action shall be taken by the Zoning Board of Appeals on such appeal until an advisory recommendation has been received from the County Planning Department or 30 days have elapsed since said Department received such full statement.
The Zoning Board of Appeals may additionally refer any application to the Planning Board for its review and recommendation. If referred, the Zoning Board of Appeals shall hold any public hearing open and defer any decision on the application for a period of 30 calendar days to permit comments thereon to be issued by the Planning Board. If no comments are transmitted by the Planning Board to the Zoning Board of Appeals within 30 calendar days from the date of the referral, the Zoning Board of Appeals shall be free to proceed with its review and determination of the application.
Decisions. Every decision of the Zoning Board of Appeals shall be made within 62 days of the close of the hearing by the Board and shall set forth the findings on which the decision is based, including record of compliance with the applicable provisions of SEQRA, Article 8 of the Environmental Conservation Law, and 6 NYCRR 617. Every decision shall be by resolution of the Board, with such decision being filed in the office of the Village Clerk within five calendar days thereof.
Expiration of approval. Unless construction or use is diligently commenced within one calendar year from the date of the granting of a variance, such variance shall become null and void without further hearing or action by the Zoning Board of Appeals. Prior to such expiration, an applicant may seek a one-year extension of the variance from the Code Enforcement Officer, who shall grant such extension if there have been no material changes in the circumstances surrounding the application. If the Code Enforcement Officer is unable to determine whether there have been material changes in the circumstances surrounding the application, the Code Enforcement Officer shall refer the request for extension to the Zoning Board of Appeals for decision.
§ 151-104 Effect of appeal.
Unless the Code Enforcement Officer finds there to be an imminent threat to either life or property, an appeal shall stay all proceedings in furtherance of the action which is the subject of the appeal.
§ 151-105 Relief from decisions.
Any person or persons jointly or severally aggrieved by any decision of the Zoning Board of Appeals may apply to the Supreme Court of the State of New York for relief through a proceeding under Article 78 of the Civil Practice Law and Rules of the State of New York. Such proceeding shall be governed by the specific provisions of Article 78, except that the action must be initiated as therein provided within 30 calendar days after the filing of the Board's decision in the office of the Village Clerk.