West Haverstraw City Zoning Code
ARTICLE XIV
Zoning Board of Appeals
§ 250-74 Creation.
There shall be a Zoning Board of Appeals consisting of five members pursuant to the provision of § 7-712 of the Village Law whose compensation shall be fixed annually by the Village Board of Trustees. In addition, the Village Board of Trustees may provide for compensation to pay for experts, a clerk and other such expenses that may be necessary and proper.
§ 250-75 Powers and duties.
The Zoning Board of Appeals shall have all of the powers and duties prescribed by law and by this chapter, which are more particularly specified as follows, provided that none of the following provisions shall be deemed to limit any power of said Board which is otherwise conferred by law:
A.
Interpretation. The Zoning Board of Appeals may, on appeal from an order, requirement, decision or determination made by an administrative official (Building Inspector/Village Engineer) or on request by any official, board or agency of the Village, decide any of the following questions:
(1)
Determine the meaning of any portion of the text of this chapter or of any conditions or requirements specified or made under the provisions of this chapter.
(2)
Determine the exact location of any district boundary shown on the Zoning Map.[1]
[1]
Editor's Note: A copy of the Zoning Map is included at the end of this chapter. Consult the official copy on file in the Village Clerk's office for possible revisions.
B.
Variances. The Zoning Board of Appeals may authorize, upon appeal in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest where, owing to exceptional and extraordinary circumstances, there are practical difficulties or unnecessary hardships in carrying out the strict letter of this chapter, subject to the following:
(1)
Use variances.
(a)
No use variance may 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 demonstrate unnecessary hardship, the applicant must demonstrate 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 the 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.
(b)
Use variances, where granted, shall be the minimum variance deemed necessary and adequate to address the unnecessary hardship 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.
(a)
In determining whether to grant an area variance, the Zoning Board of Appeals must weigh the benefit to the applicant if the variance is granted against the detriment to the health, safety and welfare of the neighborhood or community. In making its determination, the Board must 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 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 leave 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, but shall not necessarily preclude the granting of an area variance.
(b)
Where it is determined that an area variance shall be granted, the variance shall be the minimum variance deemed necessary and adequate to afford the applicant the relief required and, at the same time, to protect the character of the neighborhood and the health, safety and welfare of the community.
C.
Special permits.
(1)
The Zoning Board of Appeals may grant, on application and after public notice and hearing, a special permit for uses authorized hereunder in the district in which such use is proposed to be located, subject to those specifically enumerated requirements applicable to the proposed use. In approving the granting of a special permit, the Zoning Board of Appeals shall take into consideration the public health, safety and welfare and shall prescribe appropriate conditions and safeguards to ensure the accomplishment of the following objectives:
(a)
That all proposed structures, equipment and material shall be readily accessible for fire and police protection.
(b)
That the proposed use shall be in such location, and of such size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties.
(c)
That, in addition to the above, in the case of any use located in or directly adjacent to a residential district:
[1]
The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to or incongruous with said residential district or conflict with the normal traffic of the neighborhood.
[2]
The location and height of buildings, the location, nature and height of walls and fences and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.
(2)
In approving the grant of a special permit, it shall be the duty of the Board to attach such conditions and safeguards as may be required in order that the result of its action may, to the maximum extent possible, further the general objectives of this chapter.
(3)
Procedure for granting special permits. The Zoning Board shall follow the procedure outlined in § 250-76 herein. The Board must render a decision on application for a special permit application within 62 days following the close of the public hearing thereon. If an application for a special permit is for property in the area covered by § 250-4E herein, subject to any agreement or modification thereof, it shall be referred to the Rockland County Planning Board in accordance with §§ 239-l and 239-m of the General Municipal Law.
§ 250-76 Procedures.
The powers and duties of the Zoning Board of Appeals shall be exercised in accordance with the following procedure:
A.
If, in the opinion of the Building Inspector/Village Engineer, any plan and/or application submitted does not comply with the provisions of this chapter, he shall return to the applicant one copy of the plans with his disapproval and, at the request of the applicant, forward one copy of the plans, together with the application, to the Chairman of the Zoning Board of Appeals.
B.
The Zoning Board of Appeals shall not grant any appeal or request for a variance or issue any special permit without first holding a public hearing. Notice of such hearing and of the substance of the application shall be given by publication in the official newspaper of the Village at least 10 days before the date of such hearing and within 45 days after the filing of such appeal or application and by posting the property with at least two signs 8 1/2 inches by 11 inches in size. In addition to such published notice, the Zoning Board of Appeals shall cause notice to be given of the substance of every appeal or request for a variance and of every application for a special permit, together with notice of the hearing thereon, by requiring notices thereof to be mailed by the applicant, by certified mail with return receipt requested, at least 10 days before the date of said hearing to the owners of all property abutting that held by the applicant and all other owners within 200 feet, or such additional distances as the Zoning Board of Appeals may deem advisable, from the exterior boundaries of the land involved in such appeal or application, as the names of said owners appear on the last completed assessment roll of the Village. Provided that due notice shall have been published and that there shall have been substantial compliance with the remaining provisions of this subsection, the failure to give notice in exact conformity herewith shall not be deemed to invalidate any action taken by the Zoning Board of Appeals in connection with the grant of an appeal, variance or to issuance of a special permit pursuant hereto.
C.
If the land involved in an appeal or application lies within 500 feet of the boundary of any other municipality, the applicant shall also transmit to the Municipal Clerk of such other municipality a copy of the official notice of the public hearing thereon not later than the day after such notice appears in the official newspaper of the Village.
D.
If an application for a variance is for the property located in an area covered by § 250-4 herein, it shall be referred to the Rockland County Planning Board in accordance with §§ 239-l and 239-m of the General Municipal Law.
E.
At least 14 days before the date of any public hearing, the Clerk of the Zoning Board of Appeals shall transmit to the Planning Board a copy of any appeal or application, together with a copy of the notice of such hearing. The Planning Board may submit to the Zoning Board of Appeals an advisory opinion on said appeal or application at least 48 hours prior to the hearing.
F.
The Zoning Board of Appeals shall decide upon the appeal or variance within 62 days following the close of the public hearing, or as otherwise provided by law.
G.
Unless work is commenced and diligently prosecuted within one year of the date of the grant of a variance or special permit, such variance or special permit shall become null and void without further action of the Board.
H.
Use variances granted by the Board shall be deemed nonconforming uses. Buildings for which variances have been granted by the Board shall be deemed nonconforming structures to the extent of the variance.
J.
Each appeal or application shall fully set forth the circumstances of the case. Each application for a variance shall be accompanied by a proposed plan showing the size and location of the lot and a site plan showing the location of all buildings and proposed facilities, including access drives, parking areas, landscaping and all streets within 200 feet. Every appeal or application 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 variance that is applied for and the grounds on which it is claimed that the same should be granted (or the use for which the special permit is sought).
K.
The Zoning Board of Appeals shall keep minutes of its proceedings. Every decision shall be by resolution and shall contain a full record of the findings of the Board in the particular case. Each such resolution shall be filed in the office of the Village Clerk, by case number. The Zoning Board of Appeals shall notify the Village Board of Trustees and the Planning Board of the Village of West Haverstraw of each special permit and each variance granted under the provisions of this chapter.
§ 250-76.1 Certification of members of the Zoning Board of Appeals and attendance requirements.
[Added 3-13-2007 by L.L. No. 3-2007[1]]
A.
In addition to any and all other qualifications for holding office as a member of the Zoning Board of Appeals, all present members of said Board must attend not less than four hours of training classes offered by the Rockland Municipal Planning Federation within one year from the effective date hereof, and complete such classes and receive certification from the Federation within two years from the effective date hereof. Members appointed after the effective date of this local law[2] shall be required to attend not less than four hours of such classes within one year from the date of such appointment, and receive certification within two years from the date of such appointment. Recertification of all members shall be required each year thereafter from the date of initial certification.
B.
The Village Board is hereby authorized to remove a member of the Zoning Board of Appeals for cause, after a public hearing and an opportunity to be heard. Removal for cause shall include but not be limited to the following:
C.
The Village Board may grant reasonable extensions of time to a member of the Zoning Board of Appeals to obtain certification or recertification for justifiable reasons only.
D.
Minimum attendance requirements. Members of the Zoning Board of Appeals shall be required to attend 75% of all regularly scheduled meetings and special meetings conducted in each calendar year.
E.
Removal for nonattendance. In the event a member does not attend at least 75% of all of the regularly scheduled and special meetings as set forth in Subsection D hereof, the Village Board shall have the discretion and authority, in accordance with the provisions of § 7-712(9) of the New York State Village Law, following public hearing, to remove such member from the Zoning Board of Appeals. The Village Board, in reaching such a determination, shall consider whatever factors it determines to be relevant, including any reasons assigned for such absences, and attendance records in prior years; provided, however, that the Village Board shall not be required to accept any excuse for the member's absence.
§ 250-76.2 Alternate members.
[Added 1-4-2023 by L.L. No. 1-2023]
A.
The Village Board, in its discretion, may further appoint up to two alternate members to the Board of Appeals, either or both of whom shall serve when there is a conflict of interest precluding participation by a regular member or when a regular member shall otherwise be unable or unavailable to review, hear and determine an appeal.
B.
The Chairperson of the Board of Appeals, in his or her discretion, may designate the alternate member to substitute for a regular member or members when a regular member is unable to participate because of a conflict of interest on an application or any matter before the Board or when a regular member shall be unable or unavailable to review, hear and determine an application or appeal. When so designated, an alternate member shall possess all the powers and responsibilities of such regular member of the Board. Such designation shall be entered into the minutes of the initial Board of Appeals meeting at which the substitution is made and specify the matter or matters which the alternate member shall hear.
C.
All provisions of this article relating to Zoning 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 an alternate member.
D.
The term of office of the alternate member of the Zoning Board of Appeals shall be one year measured from the date of appointment at the annual Village re-organization meeting, or for such lesser period as may result in the case of an appointment made subsequent to the annual re-organization meeting ending on the date of the succeeding annual re-organization meeting.