There is hereby established a Zoning Board of Appeals (ZBA) to hear and decide appeals pursuant to § 267 of the Town Law and grant special permits as provided by § 197-61 of this chapter. The ZBA shall consist of five members appointed by the Town Board, and the Town Board shall designate its Chairman. A member of the ZBA shall not at the same time be a member of the Town Board. The Town Board may fix the compensation of such members and provide for the payment thereof. The Town Board shall have the power to remove any member of the ZBA for cause and after public hearing.
The term of office shall be five years except for initial appointment,
in which case one member's term shall expire on December 31 of the
first year, one member's on December 31 of the second year, etc. A
vacancy occurring otherwise than by expiration of term shall be filled
by the Town Board by appointment for the unexpired term.
The ZBA shall have the power to make, adopt and promulgate such
written rules of procedure, bylaws and forms as it may deem necessary
for the proper execution of its duties and to secure the intent of
this chapter. Such rules, bylaws and forms shall not be in conflict
with nor have the effect of waiving any provisions of this chapter
or any other law of the Town of North Greenbush. Such rules, bylaws
and forms and any subsequent amendments or supplements thereto shall
be submitted to the Town Board by the Board of Appeals for approval.
The Town Board must approve, reject or modify such rules, bylaws and
forms within 30 days after submission. Failure of the Town Board to
so move shall be construed to constitute approval thereof.
The ZBA may employ such clerical or other staff assistance as
may be necessary and prescribe their duties, provided that it shall
not at any time incur expenses beyond the amount of the appropriation
made and then available for that purpose.
A use variance is one which permits a use of land which is prohibited
by the zoning regulations. The ZBA shall have the power to grant use
variances upon a finding that a literal application of zoning regulations
would result in unnecessary hardship and in accordance with standards
and criteria delineated in any rules and regulations of the ZBA as
shall be promulgated.
An area variance is one which involves such matters as setback
lines, frontage requirements, lot size restrictions, density regulations,
parking and yard requirements. The ZBA shall have the power to grant
area variances upon a finding that a literal application of zoning
regulations would result in practical difficulties and in accordance
with standards and criteria delineated in any rules and regulations
of the ZBA as shall be promulgated.
Pursuant to this chapter and as more specifically delineated
in Table 1[1] hereof, certain uses are allowed in given zones only upon
the granting of a special permit by the ZBA upon a finding that such
permitted use is consistent with the public health, safety and general
welfare and subject to appropriate conditions and safeguards, to include
the public or commercial inconvenience of the applicant, and in accordance
with standards and criteria delineated in any rules and regulations
of the ZBA as shall be promulgated.
[1]
Editor's Note: Table 1 is included as an attachment to this chapter.
A.
Use or area variances or special permits shall be granted only after
public notice and hearing as prescribed by the laws of the State of
New York and any local law of the Town of North Greenbush.
B.
Posting of notice.
(1)
Notice of the hearing required by this section shall also be given
by conspicuously posting a sign or signs in the form and manner prescribed
by the Building Department on the subject premises which state the
time, date and location of the hearing as well as a brief description
of the relief requested.
(2)
It shall be the responsibility of the applicant to post such required
sign(s) for at least 10 consecutive days prior to the hearing. The
applicant shall also take all steps necessary to ensure that such
signs(s) remain legible.
