State Codes and Statutes

Statutes > New-york > Vil > Article-7 > 7-734

§  7-734  Buildings  in  streets;  permits;  hearings; review. For the  purpose of preserving the integrity of such  official  map  or  plan  no  permit  shall  hereafter  be  issued  for any building in the bed of any  street or highway shown or laid out  on  such  map  or  plan,  provided,  however,  that  if  the land within such mapped street or highway is not  yielding a fair return on its value to the owner, the board  of  appeals  or other similar board in any village which has established such a board  having power to make variances or exceptions in zoning regulations shall  have  power  in a specific case by the vote of a majority of its members  to grant a permit for a building in such street or highway which will as  little as practicable increase  the  cost  of  opening  such  street  or  highway,  or  tend  to  cause a change of such official map or plan, and  such board may impose reasonable requirements as a condition of granting  such permit, which requirements  shall  inure  to  the  benefit  of  the  village.  Before taking any action authorized in this section, the board  of appeals or similar board shall give a hearing  at  which  parties  in  interest  and  other  shall  have  an opportunity to be heard.  Any such  decision shall be subject to review in the same manner and  pursuant  to  the  same provisions as in appeals from the decisions of such board upon  zoning regulations.

State Codes and Statutes

Statutes > New-york > Vil > Article-7 > 7-734

§  7-734  Buildings  in  streets;  permits;  hearings; review. For the  purpose of preserving the integrity of such  official  map  or  plan  no  permit  shall  hereafter  be  issued  for any building in the bed of any  street or highway shown or laid out  on  such  map  or  plan,  provided,  however,  that  if  the land within such mapped street or highway is not  yielding a fair return on its value to the owner, the board  of  appeals  or other similar board in any village which has established such a board  having power to make variances or exceptions in zoning regulations shall  have  power  in a specific case by the vote of a majority of its members  to grant a permit for a building in such street or highway which will as  little as practicable increase  the  cost  of  opening  such  street  or  highway,  or  tend  to  cause a change of such official map or plan, and  such board may impose reasonable requirements as a condition of granting  such permit, which requirements  shall  inure  to  the  benefit  of  the  village.  Before taking any action authorized in this section, the board  of appeals or similar board shall give a hearing  at  which  parties  in  interest  and  other  shall  have  an opportunity to be heard.  Any such  decision shall be subject to review in the same manner and  pursuant  to  the  same provisions as in appeals from the decisions of such board upon  zoning regulations.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Vil > Article-7 > 7-734

§  7-734  Buildings  in  streets;  permits;  hearings; review. For the  purpose of preserving the integrity of such  official  map  or  plan  no  permit  shall  hereafter  be  issued  for any building in the bed of any  street or highway shown or laid out  on  such  map  or  plan,  provided,  however,  that  if  the land within such mapped street or highway is not  yielding a fair return on its value to the owner, the board  of  appeals  or other similar board in any village which has established such a board  having power to make variances or exceptions in zoning regulations shall  have  power  in a specific case by the vote of a majority of its members  to grant a permit for a building in such street or highway which will as  little as practicable increase  the  cost  of  opening  such  street  or  highway,  or  tend  to  cause a change of such official map or plan, and  such board may impose reasonable requirements as a condition of granting  such permit, which requirements  shall  inure  to  the  benefit  of  the  village.  Before taking any action authorized in this section, the board  of appeals or similar board shall give a hearing  at  which  parties  in  interest  and  other  shall  have  an opportunity to be heard.  Any such  decision shall be subject to review in the same manner and  pursuant  to  the  same provisions as in appeals from the decisions of such board upon  zoning regulations.