[HISTORY: Adopted by the Town Board of the
Town of Marilla 5-11-2000 by L.L. No. 1-2000(Ch. 4 of the 1999 Code);
amended in its entirety 12-14-2006 by L.L. No. 2-2006. Subsequent amendments
noted where applicable.]
A.
The Zoning Board of Appeals, hereafter referred to
herein as the "Board of Appeals," shall consist of five members and
up to three alternate members appointed by the Town Board, who shall
be constituted and empowered as set forth in § 267 of the
Town Law, as amended from time to time, with the following exception:
the alternate members shall also be authorized to participate not
only in situations where one or more of the regular members of the
Board of Appeals has a conflict, as provided for in the § 267
of the Town Law, but also where one or more members of the Board of
Appeals are absent for any reason. All alternate members shall be
entitled to participate in deliberations, but the Chairman of the
Board of Appeals shall designate at the beginning of the meeting as
to which alternate member or members shall be entitled to vote if
more alternate members are present than regular members are absent.
[Amended 4-8-2010 by L.L. No. 5-2010]
B.
The Town Board, as a condition of appointment, requires
each Board of Appeal member, including alternate members, to complete
the training and continuing education requirements as set forth in
the Town Law together with any additional training requirements adopted
by the Town of Marilla.
[Amended 4-8-2010 by L.L. No. 5-2010]
C.
The members shall be compensated at the rate established
by the Town Board by resolution from time to time.
D.
In addition, the Town Board shall provide for compensation
to be paid to experts, clerks and secretary to be appointed by the
Town Board and provide for such other expenses as may be necessary
and proper, not exceeding in all the appropriation that is made in
the budget for the Zoning Board of Appeals in that fiscal year by
the Town.
[Amended 4-8-2010 by L.L. No. 5-2010]
The regular members of the Board of Appeals
shall be appointed for a term of five years from and after the expiration
of the terms of their predecessors in office. The alternate members
of the Board of Appeals shall be appointed for terms as specified
by the Town Board at the time of their appointment. The provisions
for removal from office shall be those specified in Local Law No.
4 of the year 2010, entitled "Local Law Establishing Training Standards
for Planning Board and Zoning Board of Appeals Members of the Town
of Marilla."[1]
[Amended 4-8-2010 by L.L. No. 5-2010]
Each member appointed to the Board of Appeals,
including the alternate members, shall be required to attend at least
75% of the regularly scheduled meetings of the Board of Appeals and
shall not fail to attend more than three consecutive regularly scheduled
meetings in any calendar year. Failure to meet these attendance standards
shall be grounds for removal by the Town Board.
The Town Board shall designate a member of the
Board of Appeals to act as Chairman thereof, or, on its failure to
do so, the Board of Appeals shall elect a Chairman from its own members.
The Board of Appeals shall have all the powers
and perform all the duties prescribed by statute and this chapter.
The Board shall hear and decide all matters referred to it or upon
which it is required to pass under this chapter or any other ordinance,
local law or regulation and shall have the power to administer oaths
and compel the attendance of witnesses.
[Amended 10-9-2008 by L.L. No. 6-2008]
A.
The jurisdiction of the Zoning Board of Appeals shall
be appellate only and shall be limited to hearing and deciding appeals
from and reviewing any order, requirement, decision interpretation,
or determination made by the administrative official charged with
the enforcement of the Zoning Law of the Town of Marilla. Such appeal
may be taken by any person aggrieved, or by an officer, department,
board or bureau of the Town of Marilla. No appeal shall be allowed
to the Zoning Board of Appeals challenging the determination by an
administrative official charged with the enforcement of the Zoning
Law of the Town of Marilla not to issue a determination of a violation
of the Zoning Law. The Zoning Board of Appeals shall also have the
power to grant variances in accordance with the provisions of § 267-b
of the Town Law.
B.
The Zoning Board of Appeals may reverse or affirm,
wholly or partly, or may modify the order, requirement, decision,
interpretation or determination appealed from and shall make such
order, requirement, decisions, interpretation or determination as
in its opinion ought to have been made in the matter by the administrative
official charged with the enforcement of the ordinance or local law
and to that end shall have all the powers of the administrative official
from whose order, requirement, decision, interpretation or determination
the appeal is taken. If the Zoning Board of Appeals determines that
strict application of the provisions of the ordinance or local law
will create an unnecessary hardship, the Zoning Board of Appeals shall
have the right to grant variances in accordance with the provisions
of § 267-b of the Town Law and shall have the authority
to impose reasonable conditions and restrictions on the granting of
such variance in accordance with the provisions of § 267-b
of the Town Law.
The Board of Appeals shall follow the procedures
as set forth in § 267-a of the Town Law but shall have the
right to prescribe additional rules of procedures not inconsistent
with the provision contained in § 267-a.
The Board of Appeals shall be permitted to take
actions consistent with those provided for under § 267-b
of the Town Law and shall be governed by the powers and the standard
for granting decisions as set forth therein.
Any person who is aggrieved by a determination
of the Board of Appeals shall have the right to apply to the Supreme
Court for judicial review in accordance with the provisions of § 267-c
of the Town Law.
Any person, firm, company, corporation, partnership,
limited liability company or other entity who shall fail to comply
with the decision of the Board of Appeals, including any failure to
comply with any condition or restriction imposed by the Board of Appeals,
shall be deemed to be in violation of the provisions of Article 16
of the Town Law and shall be subject to the penalties as set forth
in § 268 of the Town Law, but the provisions of this section
shall supersede the Town Law in that the maximum period of imprisonment
hereunder shall be five months and not the six months set forth under
§ 268 of the Town Law.
Fee for applications for variances shall be
set by resolution of the Town Board from time to time. The Town Board
may agree to waive or impose a reduced fee in the sole discretion
of the Town Board in the event that an applicant establishes with
a sworn affidavit that such applicant is not able to make payment
of the required fee or if the appeal to the Board of Appeals is solely
as a result of a clearly erroneous action by the Town.
