Westbury City Zoning Code
ARTICLE XXXVI
Board of Appeals
§ 248-324 Appointment.
[Amended 12-2-1999 by L.L. No. 3-1999]
A Board of Appeals shall be appointed by the Board of Trustees of the Village of Westbury, Nassau County, State of New York, pursuant to the Village Law of the State of New York and Chapter 5, Appeals Board, of this Code.
§ 248-325 Membership.
[Amended 12-2-1999 by L.L. No. 3-1999]
Said Board of Appeals shall consist of five members. They shall be appointed for terms as provided in Chapter 5, Appeals Board. The concurring vote of a majority of the Board shall be necessary for a decision. They shall make rules as to the manner of filing appeals and applications for variances from the terms of this chapter.
§ 248-326 Duties and powers.
They may, in appropriate cases, after public notice and hearing, and subject to appropriate conditions and safeguards, and in harmony with the general purpose and intent of this chapter:
A.
Vary the application of the regulations herein established and establish appropriate requirements for irregular lots or lots less than the required area in any district existing at the effective date of this chapter.
B.
Vary the application of the regulations herein established and modify the requirements hereof in cases of exceptional topography under such conditions as will safeguard the neighborhood.
C.
Grant temporary and conditional permits of limited duration for nonconforming use and buildings in undeveloped sections.
D.
Determine and establish the true location of district boundaries in any disputed case.
E.
Where a district boundary line divides a lot in a single ownership at the effective date of this chapter, permit a use authorized on either portion of such lot to extend to the entire lot, but not more than 25 feet beyond the boundary line of the greater restricted district.
F.
Permit the extension of nonconforming use or building upon the lot occupied by such use of building at the effective date of this chapter.
G.
Permit any public utility in a restricted zone.
I.
Vary side yard restrictions for buildings other than dwellings in Residence A and Residence B Districts.
K.
Vary the height regulations in any district to permit church spires, belfries, towers designed exclusively for ornamental purposes, flagstaffs, chimneys, flues or scenery lofts and parapet walls extending not more than three feet above the height permitted by these regulations.
L.
[1]Conduct fact-finding hearings and determine the nonconformance status of buildings and uses in all districts.
[Added 7-16-1987 by L.L. No. 3-1987; amended 11-5-2009 by L.L. No. 15-2009]
[1]
Editor's Note: Former Subsection L, concerning certain uses in Business B Districts, was repealed 7-30-1985 by L.L. No. 5-1985.
M.
Notwithstanding any other provision of this section, the Zoning Board of Appeals shall not be required to consider, schedule, hear or approve any zoning application if it shall appear that the applicant has done or permitted to be done any act on the subject site in violation of this chapter or any other chapter of the Code of the Village of Westbury, provided that the appropriate enforcement officer or employee of the Village shall also determine that a violation has occurred, and has commenced or is about to commence enforcement proceedings in or before the appropriate court and/or agency, until any one of the following events shall occur:
[Added 1-7-2016 by L.L. No. 1-2016]
(1)
The apparent violation has been corrected or removed as reported to the Zoning Board of Appeals by the appropriate enforcement officer or employee.
(2)
A final determination has been rendered by the appropriate court or agency dismissing the enforcement proceedings.
(3)
A final determination has been rendered by the appropriate court or agency finding the applicant guilty of violating the Code, the fine or penalty has been paid and the violation corrected, provided that the Zoning Board of Appeals may determine it impossible or impractical to correct the violation and, upon making that finding, may permit the zoning review process to proceed.
(4)
For the number of days the special permit application has been suspended by the Zoning Board of Appeals in the manner herein provided, the time within the Board must otherwise act with regards to a zoning application shall be extended correspondingly.
§ 248-327 Additional powers.
The Board of Appeals shall have all other powers granted by the Village Law.
§ 248-327.1 Notice of hearings.
[Added 11-5-2009 by L.L. No. 15-2009]
Notice of hearings, conducted pursuant to §§ 248-326 and 248-327 of this chapter, shall be given by the applicant, by certified mail, return receipt requested, to owners of property located within a two-hundred-foot radius of the property which is the subject of such application, no more than 20 days prior to the hearing date and no less than 10 days prior to the hearing date. Notice of hearings conducted pursuant to §§ 248-326 and 248-327 of this chapter shall be given as well by publication in the official newspaper of the Village of Westbury, not less than 10 days prior to the date of the hearing.