Westhampton Beach City Zoning Code
ARTICLE VII
Board of Appeals
§ 197-71 Establishment.
A Board of Appeals is hereby established in accordance with the provisions of the Village Law applicable thereto.
§ 197-72 Membership.
[Amended 11-10-1989 by L.L. No. 14-1989; 2-8-1999 by L.L. No. 2-1999]
A.
The Board of Appeals shall consist of five members appointed by the Board of Trustees, each to serve for a term of five years, with one member's term to expire on May 31 each year.
B.
The Chairman of the Zoning Board of Appeals shall be appointed by the Board of Trustees for a period of one year with the term to expire on May 31 of each year.
§ 197-73 Rules and procedure.
[Amended 8-10-1990 by L.L. No. 17-1990]
A.
The Board of Appeals shall, consistent with the Village Law, determine its own rules and procedure, and all its deliberations, resolutions and orders shall be in accordance therewith. All of its meetings shall, however, be public.
B.
The Board shall fix a time and place for a public hearing thereon and shall provide for the giving of notice at least 10 days prior to the date thereof as follows:
(1)
By publishing a notice in the official newspaper; and
(2)
The applicant shall mail written notice of the date, time and place of the hearing, together with a copy of the application and survey, if any, by either certified or registered mail, return receipt requested, to every property owner, as shown on the current Village of Westhampton Beach assessment rolls, within the area immediately adjacent and directly opposite thereto for a distance of 200 feet from the perimeter of the property.
[Amended 1-12-2004 by L.L. No. 2-2004]
§ 197-74 Power.
[Amended 3-10-2003 by L.L. No. 1-2003; 12-8-2003 by L.L. No. 13-2003; 10-12-2004 by L.L. No. 4-2004; 5-9-2005 by L.L. No. 4-2005]
The Board of Appeals shall have the powers granted to it by the Village Law and shall also have the authority to hear, review and render a determination with respect to any other matter submitted to it pursuant to the provisions of the Zoning Code or any other code granting jurisdiction to the Board of Appeals. Said power shall also include the power to interpret the provision of any code as to which it has jurisdiction.
§ 197-75 Power to vary restrictions and grant permits.
[Amended 10-12-2004 by L.L. No. 4-2004; 9-5-2013 by L.L. No. 6-2013]
The Board of Appeals shall use the standards set forth in Village Law § 7-712-b in determining whether to vary or modify the application of any of the regulations or provisions of this chapter relating to the use, construction, alteration, enlargement, expansion or extension of buildings, structures or the use of land, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. In granting any variance, the Board of Appeals shall prescribe any conditions that it deems to be necessary or desirable to reflect and effectuate the spirit and purpose of this chapter and the other laws of this Village. In addition, the Board of Appeals may, after public notice and hearing and subject to appropriate conditions and safeguards, grant a permit wherever it is provided in this chapter that approval of the Board of Appeals is required.
§ 197-75.1 Time limit and extensions on permits and variances.
[Added 9-5-2013 by L.L. No. 6-2013]
Any permit or variance granted by the Board of Appeals shall be valid for a period of two years from the date the permit or variance is granted. If the permit or variance is not acted upon and all work required under the permit or variance is not completed within two years, and unless an extension of the permit or variance is granted by the Board of Appeals, the permit or variance shall expire. The Board of Appeals, upon good cause shown in the case of an area or setback variance, may provide, in a specific case, that said such variance shall not be limited to two years.