The Zoning Board of Appeals (ZBA) reviews applications that propose land use not consistent with Brookville’s zoning laws, and considers relief (grants exceptions or variances) to zoning ordinances. The ZBA is charged to weigh the benefit of a proposed variance against any detriments to our community, based upon specific criteria as set forth in our codes and NYS law.
Overview — Key Functions: Review Applications:The ZBA reviews applications that propose to use property in a way that doesn't align with Brookville’s zoning laws.
Protect Community Interests: The ZBA has as a primary goal to preserve the safety and welfare of the community, while also encouraging appropriate land use.
Grant Variances: The Board has the power to grant variances (exceptions) to the zoning ordinances when strict adherence would cause undue hardship or injustice.
Interpret Zoning Laws: The ZBA interprets the zoning ordinances and local laws, ensuring they are applied fairly and consistently and also hears appeals from decisions made by administrative officials regarding zoning matters.
Uphold Comprehensive Planning: The ZBA plays a role in upholding the village's comprehensive plans, ensuring that development aligns with the community's goals.
Important Considerations: Not a Lawmaking Body: The ZBA does not create or change zoning laws; it applies the existing laws as written.
Public Hearings: Zoning board meetings are typically open to the public, allowing residents to voice their opinions and concerns.
Notification Requirements: Our Village code often requires that property owners within 300 feet’ distance of an application be notified in writing of the proposed action and where applicable, when a hearing is set.
Limitations of Variances: Because variances can affect the rights of neighbors, an applicant is not automatically entitled to a variance.
Relationship with Architectural Review & Planning Boards: Often, the two Boards will work together to resolve a variance request, but each of these Boards has a distinct role with distinct responsibilities.
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