A.
A Board of Appeals is hereby created. Said Board shall
consist of five members appointed by the Village Board, who shall
also designate a Chairperson. Of the members of the Board of Appeals
first appointed, one shall hold office for the term of one year, one
for the term of two years, one for the term of three years, one for
the term of four years and one for the term of five years. All terms
shall run concurrent with the Village's governmental year which begins
on April 1. Their successors shall be appointed for terms of five
years from and after the expiration of the terms of their predecessors
in office.
B.
In making such appointments, the Village Board may
require Board of Appeals members to complete training and continuing
education courses in accordance with any local requirements for the
training of such members. The Village Board may reimburse the members
for appropriate expenses incurred in obtaining training. If a vacancy
shall occur otherwise than by expiration of term, it shall be filled
by the Village Board for appointment for the unexpired term.
C.
No person who is a member of the Village Board shall
be eligible for membership on such Board of Appeals.
D.
The Mayor shall have the power to remove, after public
hearing, any member of the Zoning Board of Appeals for cause and may
provide by local law for removal, after public hearing, of any Board
of Appeals member for noncompliance with minimum requirements relating
to meeting attendance and training as established by the Village Board
by local law.
E.
The Village Board may provide for compensation to
be paid to experts, clerks and a secretary and provide for such other
expenses as may be necessary and proper, not exceeding the appropriation
made by the Village Board for such purpose.
F.
All meetings of the Board of Appeals shall be held
at the call of the Chairperson and at such other times as such Board
may determine. Such Chairperson or, in his/her absence, the Acting
Chairperson may administer oaths and compel the attendance of witnesses.
G.
The Board of Appeals shall establish such rules and
regulations as are required by state and local laws for the transaction
of its business and may amend, modify and repeal the same from time
to time.
The Board of Appeals shall have all the powers
and duties prescribed by Article 7 of Village Law of the State of
New York and this chapter.
A.
Meetings, minutes and records. Meetings of such Board
of Appeals shall be open to the public to the extent provided in Article
7 of the Public Officers Law. Such Board of Appeals shall keep minutes
of its proceedings, showing the vote of each member upon every question
or, if absent or failing to vote, indicating such fact, and shall
a keep records of its examinations and other official actions.
B.
Filing requirements. Every rule, regulation, every
amendment or repeal thereof and every order, requirement, decision
or determination of the Board of Appeals shall be filed in the office
of the Village Clerk within five business days and shall be a public
record.
C.
Hearing appeals. The Board of Appeals shall hear and
decide appeals from and review any order, requirement, decision, interpretation
or determination made by an administrative official charged with the
enforcement of this chapter. Such Board shall have the authority to
call upon any department, agency or employee of the Village for such
assistance as shall be deemed necessary and as shall be authorized
by the Village Board. Such department, agency or employee shall be
reimbursed for any expenses incurred as a result of such assistance.
The concurring vote of not less than three members of the Board of
Appeals shall be necessary to reverse any order, requirement, decision
or determination of any such administrative official or to grant a
use variance or area variance. Such appeal may be taken by any person
aggrieved or by an officer, department or board of the Village.
D.
Time of appeal. Such appeal shall be taken within
60 days after the filing of any order, requirement, decision, interpretation
or determination of the administrative official charged with the enforcement
of this chapter by filing with such administrative official and with
the Board of Appeals a notice of appeal, specifying the grounds thereof
and the relief sought. The administrative official from whom the appeal
is taken shall forthwith transmit to the Board of Appeals all the
papers constituting the record upon which the action appealed from
was taken.
E.
Stay upon appeal. An appeal shall stay all proceedings
in furtherance of the action appealed from, unless the administrative
official charged with the enforcement of this chapter certifies to
the Board of Appeals, after the notice of appeal shall have been filed
with the administrative official, that by reason of facts stated in
the certificate, a stay would, in his/her opinion, cause imminent
peril to life or property, in which case proceedings shall not be
stayed otherwise than by a restraining order which may be granted
by the Board of Appeals or by a court of record on application, on
notice to the administrative official from whom the appeal is taken
and on due cause shown.
F.
Hearing on appeal. The Board of Appeals shall fix
a reasonable time for the hearing of the appeal or other matter referred
to it and give public notice of such hearing by publication in a paper
of general circulation in the Village at least five days prior to
the date thereof. The cost of sending or publishing any notices relating
to such appeal or a reasonable fee relating thereto shall be borne
by the appealing party and shall be paid to the Board of Appeals prior
to the hearing of such appeal. Upon the hearing, any party may appear
in person or by agent or attorney.
G.
Additional public notice. The applicant shall place
one sign on the property for which an appeal is requested. Said sign
shall be provided by the Village at the time the appeal is filed.
The sign shall be placed in a location which is easily read from a
public street. The sign shall specify the date, time and place of
the public hearing and a telephone number to call for more specific
information. Such sign shall be placed on the site not less than five
days prior to the public hearing and shall be brought to the hearing
by the applicant or his/her designated representative.
H.
Notice to Park Commission and County Planning Board.
At least five days before such hearing, the Board of Appeals shall
mail notices thereof to the parties and to the Regional State Parks
Commission having jurisdiction over any state park or parkway within
500 feet of the property affected by such appeal and to the County
Planning Board as required by § 239-m of the General Municipal
Law, which notice shall be accompanied by a full statement of the
matter under consideration, as defined in Subdivision 1 of § 239-m
of the General Municipal Law.
I.
Time of decision. The Board of Appeals shall decide
upon the appeal within 62 days after the conduct of said hearing.
The time within which the Board of Appeals must render its decision
may be extended by mutual consent of the applicant and the Board.
J.
Filing of decision and notice. The decision of the
Board of Appeals on the appeal shall be filed in the office of the
Village Clerk within five business days after the day such decision
is rendered and a copy thereof mailed to the applicant.
A.
Interpretations, requirements, decisions and determinations.
The 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, decision, interpretation
or determination as in its opinion ought to have been made in the
matter by the administrative official charged with the enforcement
of such chapter and to that end shall have all the powers of the administrative
official from whose order, requirement, decision or determination
the appeal is taken.
B.
Use variances.
(1)
The Board of Appeals, on appeal from the decision
or determination of the administrative officer charged with the enforcement
of this chapter, shall have the power to grant use variances, authorizing
a use of the land which otherwise would not be allowed or would be
prohibited by the terms of this chapter.
(2)
No such use variance shall be granted by the Board
of Appeals without a showing by the applicant that applicable zoning
regulations and restrictions have caused unnecessary hardship. In
order to prove such unnecessary hardship, the applicant shall demonstrate
to the Board of Appeals that for each and every permitted use under
the zoning regulations for the particular district where the property
is located:
(a)
The applicant cannot realize a reasonable return,
provided that lack of return is substantial as demonstrated by competent
financial evidence;
(b)
The alleged hardship relating to the property
in question is unique and does not apply to a substantial portion
of the zone district or neighborhood;
(c)
The requested use variance, if granted, will
not alter the essential character of the neighborhood; and
(d)
The alleged hardship has not been self-created.
(3)
The Board of Appeals, in the granting of use variances,
shall grant the minimum variance that it shall deem necessary and
adequate to address the unnecessary hardship proven by the applicant
and at the same time preserve and protect the character of the neighborhood
and the health, safety and welfare of the community.
C.
Area variances.
(1)
The Zoning Board of Appeals shall have the power,
upon an appeal from a decision or determination of an administrative
official charged with the enforcement of this chapter, to grant area
variances from the area or dimensional requirements of this chapter.
(2)
In making its determination, the Zoning Board of Appeals
shall take into consideration the benefit to the applicant if the
variance is granted, as weighed against the detriment to the health,
safety and welfare of the neighborhood or community by such grant.
In making such determination, the Board shall also consider whether:
(a)
An undesirable change will be produced in the
character of the neighborhood or a detriment to nearby properties
will be created by the granting of the area variance;
(b)
The benefit sought by the applicant can be achieved
by some method, feasible for the applicant to pursue, other than an
area variance;
(c)
The requested area variance is substantial;
(d)
The proposed variance will have an averse effect
or impact on the physical or environmental conditions in the neighborhood
or zone district; and
(e)
The alleged difficulty was self-created, which
consideration shall be relevant to the decision of the Board of Appeals,
but shall not necessarily preclude the granting of the area variance.
(3)
The Board of Appeals, in the granting of area variances,
shall grant the minimum variance that it shall deem necessary and
adequate and at the same time preserve and protect the character of
the neighborhood and the health, safety and welfare of the community.
D.
Imposition of conditions. The Board of Appeals shall,
in the granting of both use variances and area variances, have the
authority to impose such reasonable conditions and restrictions as
are directly related to and incidental to the proposed use of the
property. Such conditions shall be consistent with the spirit and
intent of this chapter and shall be imposed for the purpose of minimizing
any adverse impact that such variance may have on the neighborhood
or community.
E.
Rehearing. A motion for the Board of Appeals to hold
a rehearing to review any order, decision or determination of the
Board not previously reviewed may be made by any member of the Board.
A unanimous vote for all members of the Board then present is required
for such rehearing to occur. Such rehearing is subject to the same
notice provisions as an original hearing. Upon such rehearing, the
Board may reverse, modify or annul its original order, decision or
determination upon the unanimous vote of all members then present,
provided that the Board finds that the rights vested in persons acting
in good faith in reliance upon the reviewed order, decision or determination
will not be prejudiced.
A.
Application to Supreme Court by aggrieved persons.
Any person or persons, jointly or severally aggrieved by any decision
of the Board of Appeals or any officer, department or board of the
Village, may apply to the Supreme Court for review by a proceeding
under Article 78 of the Civil Practice Law and Rules. Such proceeding
shall be instituted within 30 days after the filing of a decision
of the Board in the office of the Village Clerk or in the office designated
by resolution of the Village Board. The Court may take evidence or
appoint a referee to take such evidence as it may direct and report
the same with his/her findings of fact and conclusions of law, if
it shall appear that testimony is necessary for the proper disposition
of the matter. The Court, at special term, shall itself dispose of
the cause on the merits, determining all questions which may be presented
for determination.
B.
Costs of appeal. Costs shall not be allowed against
the Board of Appeals unless it shall appear to the Court that it acted
with gross negligence or in bad faith or with malice in making the
decision appealed from.
C.
Preference of appeal to Court. All issues in any proceeding
under this section shall have preference over all other civil actions
and proceedings.
D.
Power of Court. If, upon the hearing at a special
term of the Supreme Court, it shall appear to the Court that testimony
is necessary for the proper disposition of the matter, it may take
evidence or appoint a referee to take such evidence as it may direct
and report the same to the Court with his/her findings of fact and
conclusions of law, which shall constitute a part of the proceedings
upon which the determination of the Court shall be made. The Court
may reverse or affirm, wholly or partly, or may modify the decision
brought up for review, determining all questions which may be presented
for determination.
A.
Pursuant to the provisions of the Village Law applicable
thereto, the Village Board hereby creates a Planning Board. The existing
Planning Board shall be continued.
B.
The Planning Board shall consist of five members each
with a term of five years. The terms of membership shall run concurrent
with the Village's governmental year which begins on April 1. Terms
shall be so fixed that the term of one member shall expire at the
end of the Village governmental year in which such members were initially
appointed. The terms of the remaining members first appointed shall
be so fixed that one term shall expire at the end of each governmental
year thereafter. At the expiration of the term of each member first
appointed, his/her successor shall be appointed for a five-year term.
C.
Members and the Chairperson of such Planning Board
shall be appointed by the Mayor, subject to confirmation by the Village
Board. In making such appointments, the Village Board may require
Planning Board members to complete training and continuing education
courses in accordance with any local requirements for the training
of such members. The Village Board may reimburse the members for appropriate
expenses incurred in obtaining training. In the absence of a Chairperson,
the Planning Board may designate a Chairperson.
D.
No person who is a member of the Village Board shall
be eligible for membership on the Planning Board.
E.
If a vacancy shall occur otherwise than by expiration
of term, the Mayor shall appoint the new member for the unexpired
term, subject to confirmation by the Village Board.
F.
The Mayor shall have the power to remove, after public
hearing, any member of the Planning Board for cause and may provide
by local law for removal, after public hearing, of any Planning Board
member for noncompliance with minimum standards relating to meeting
attendance and training as established by the Village Board by local
law.
G.
The Village Board shall make appropriations as it
may see fit for Planning Board expenses and may provide for the compensation
of Planning Board members. The Planning Board shall have the power
and authority to employ experts, clerks and a secretary and to pay
for their services and to provide for such other expenses as may be
necessary and proper, not exceeding in all the appropriation that
may be made therefor by the Village Board.
H.
All meetings of the Planning Board shall be held at
the call of the Chairperson and at such other times as such Board
may determine. Such Chairperson or, in his/her absence, the Acting
Chairperson may administer oaths and compel the attendance of witnesses.
I.
No person shall be disqualified from service as a
member of the Planning Board by reason of serving as a member of the
Town or County Planning Board.
J.
The Planning Board shall establish such rules and
regulations as are required by law and the provisions herein for the
transaction of its business and may amend, modify and repeal the same
from time to time.
The Planning Board is hereby vested with the
powers and duties subject to the limitations set forth in § 7-718
of Article 7 of the Village Law, as the same may be amended, modified
or changed from time to time, or any sections subsequently adopted
pertaining to Planning Boards. In this regard, the Planning Board
shall have the following powers and duties:
A.
To assist the Village Board in amending the Cuba Village
Plan for the development of the Village.
B.
To review proposals to approve or disapprove the laying
out, closing off, abandonment or changes in lines of streets, highways
and public areas and to make recommendations on such actions to the
Village Board.
C.
To make investigations and reports relating to the
planning and development of the Village as it deems desirable. This
shall include but not be limited to changes in boundaries of districts,
recommended changes in the provisions of this chapter, other land
use and development matters of importance to the Planning Board and
to act on any matter lawfully referred to it by the Village Board.
D.
To review, act on or provide advisory reports as specified
by this chapter.
E.
To review and approve, approve with modifications
or disapprove site plans, prepared to specifications set forth in
this chapter, showing the arrangement, layout and design of proposed
uses, buildings and/or structures shown on such plan.
F.
To review and approve, approve with modifications
or disapprove applications for special use permits specified under
conditions set forth by this chapter.
G.
To review and approve, approve with modifications
or disapprove plats showing lots, blocks or sites for subdivisions
under § 7-728 of Article 7 of the Village Law.
H.
All such powers as are conferred upon Village Planning
Boards by the provisions of the Village Law, now or hereafter in effect.
