VILLAGE OF ASHAROKEN
PROPOSED LOCAL LAW NO. #__ -2014
A LOCAL LAW AMENDING CHAPTER 125 OF THE CODE
OF THE VILLAGE OF ASHAROKEN ENTITLED “ZONING”
BE IT ENACTED by the Board of Trustees of the Village of Asharoken as follows:
Section One. Legislative Intent. The Board finds that it is in the best interests of the residents the Village to amend Chapter 125 of the Code of the Village of Asharoken entitled “Zoning” to simplify the process for renewing special use permits for accessory dwellings and to clarify the notice requirements for Board of Zoning Appeals’ public hearings.
Section Two. Amendment to Section 125-7.H. Section 125-7.H is hereby amended to add a new subsection (8) to provide as follows: A special use permit issued for an accessory dwelling in accordance with Section 125-7.G(2) shall be for a one (1) year period, renewable for two (2) successive one (1) year periods, as provided in Section 125-39.B
Section Three. Amendment to Section 125-39.A Section 125-39.A is hereby amended to provide as follows:
A. Upon the
filing with the Board of Zoning Appeals of an appeal or an application for a special
use permit, special exception or variance from the terms of this chapter
and upon deposit and payment of the cost of advertising and mailing notices as
hereinafter required and upon payment of
a an application fee, in
an amount to be determined from time to time by resolution by the Village
Board, to the Village Clerk, the Board of Zoning Appeals shall fix a time and
place for a public hearing thereon, and shall give notice thereof as follows:
(1) By publishing a notice thereof once a week for two weeks in the official newspaper of the Village.
(2) By posting
the “Public Notice” sign and mailing a notice thereof, by certified
mail, to the owners of all
adjoining property properties within
a 300 feet radius of the subject property, no less than ten (10) days nor more
than twenty (20) days before the hearing date.
(3) By mailing a notice thereof, by certified mail, to every resident and association of residents in the Village who or which shall have registered its name and address for this purpose with the Board of Zoning Appeals.
Section Four. Amendment to Section 125-39.B Section 125-39.B is hereby deleted in its entirety and a new Section 125-39.B is hereby adopted to provide as follows: A special use permit issued for an accessory dwelling in accordance with Section 125-7.G(2) for a one (1) year period, may be renewed by the Clerk of the Board of Zoning and Appeals for two (2) successive one (1) year periods, upon filing with the Clerk of the Board of Zoning and Appeals an application, in the form to be provided by the Clerk of the Board of Zoning and Appeals, attesting that there has been no change in the ownership of the subject property, the resident/occupant of the subject property or the use of the accessory dwelling.
Section Five. Severability. If any section, subsection, clause, phrase or other portion of this Local Law is, for any reason, declared invalid, in whole or in part, by any court, agency, commission, legislative body or other authority of competent jurisdiction, such portion shall be deemed a separate distinct and independent portion. Such declaration shall not affect the validity of the remaining portions hereof, which other portions shall continue in full force and effect.
Section Six. Effective Date. This local law shall take effect immediately upon filing with the Secretary of State.