A.
Pursuant to the Village Law of the State of New York,
the Village Board shall appoint a Zoning Board of Appeals consisting
of five members and one alternate member, shall designate its Chairman
and Vice Chairman and also provide for compensation, if any, to be
paid to said members and shall provide for such other expenses as
may be necessary and proper. A member of the Board of Appeals shall
not at the same time be a member of the Village Board. The Village
Board shall have the power to remove any member of the Board of Appeals
for cause and after public hearing. The Board shall have jurisdiction
and all the authority and the powers and duties granted by the provisions
of § 7-712 of the Village Law and any other applicable law
or ordinance, including, without limiting the generality of the foregoing,
those granted by, arising from and those reasonably required to carry
out the provisions of this chapter.
[Amended 12-10-1990 by L.L. No. 10-1990; 10-19-1998 by L.L. No. 4-1998]
B.
Term of appointment. 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
from and after his appointment. Their successors shall be appointed
for terms of five years from and after the expiration of the terms
of their predecessors in office. If a vacancy shall occur otherwise
than by expiration of term, it shall be filled by the Village Board
by appointment for the unexpired term.
C.
The alternate member of the Zoning Board of Appeals
shall substitute for a member of the Board of Appeals in the event
that such member is unable to participate due to a conflict of interest
or other absence. The alternate member shall possess all the powers
and responsibilities of such member of the Board at such time as his
or her services are needed. Such designation of the alternate member
as acting for a regular member of the Board shall be entered into
the minutes of the initial Zoning Board of Appeals meeting at which
the substitution is made.
[Added 10-19-1998 by L.L. No. 4-1998]
The Board of Appeals shall hear and decide appeals
from and review any order, requirement or decision or determination
made by an administrative official charged with the enforcement of
this chapter or of any other ordinances or local laws adopted by the
Village Board of Trustees pursuant to Article 7 of the Village Law,
or otherwise, and shall also hear and decide all matters referred
to it upon which it is required to pass under this chapter or any
other local law or ordinance now or hereafter enacted.
A.
Each member of the Board shall familiarize himself
with the provisions of this chapter and with the provisions of § 7-712
of the Village Law.
B.
Staff. The Board of Appeals 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 appropriations made by the Village Board and then
available for that purpose.
C.
Rules of procedure; bylaws; forms. The Board of Appeals
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
ordinance or local law of the Village. Such rules, bylaws and forms
and any subsequent amendments or supplements thereto shall be submitted
to the Village Board by the Board of Appeals for approval and filing
for public view. The Village Board shall move to approve, reject or
modify such rules, bylaws and forms within 60 days after submission.
D.
Referrals to the Planning Board. At least 30 days
before the date of a hearing held in connection with any appeal or
application submitted to the Board of Appeals or within any such lesser
period as the Board may determine either by general rule or by special
rule applying to a particular appeal before it, said Board shall transmit
to the Planning Board a copy of said appeal or application and shall
request that the Planning Board submit to the Board of Appeals its
advisory opinion on said appeal or application. The Planning Board
shall submit a report of such advisory opinion prior to the date of
said public hearings. Noncompliance with any provisions of this subsection
shall not affect the validity of any decision or determination made
by the Board of Appeals. In making any report or recommendation, the
objective of the Planning Board shall be to determine whether the
proposed use or variance is in conformance with the objective of the
Master Plan governing the development and use of lands in the Village.
E.
Public notice and hearing. All hearings shall be conducted
and notice thereof shall be given in accordance with the provisions
of § 7-712 of the Village Law, and, in addition, such public
notice shall be given in accordance with the following:
(1)
By publishing a notice of any appeal or application
and the time and place of the public hearing in the official newspaper
of the Village not less than 10 days prior to the date of such hearing.
(2)
By giving written notice of hearing to any appellant
or applicant and to such property owners, if any, in an affected area
as may be required by the Board of Appeals; to the Secretary of the
Planning Board or, if there is no such officer, to the Chairman of
the Planning Board; and to the Village Clerk. Such notice shall be
mailed or delivered personally at least five days before the hearing.
(3)
By giving written notice of hearing to any required
municipal, county, metropolitan, regional, state or federal agency
in the manner prescribed by law. The Code Enforcement Officer shall,
with the assistance of the Village Clerk, the Village Attorney and
the County Planning Officer, prepare a list of any such agencies requiring
notice and the applicable provisions of law relating to the giving
of such notice.
[Amended 12-10-1990 by L.L. No. 10-1990]
[Amended 12-10-1990 by L.L. No. 10-1990; 9-19-1994 by L.L. No. 7-1994]
In addition to any requirements of the Village
Law of the State of New York, the following procedures shall apply:
A.
Notice of appeal shall be filed with the Code Enforcement
Officer in writing in a form required by the Board of Appeals within
30 days of the date of the action appealed from specifying the grounds
thereof. This limitation on time within which a notice of appeal may
be filed is established by the Village pursuant to the powers granted
by the Municipal Home Rule Law.
B.
The appellant or the applicant shall pay a filing
fee in such amount as shall be established from time to time by the
Village Board of Trustees. The Code Enforcement Officer shall forthwith
transmit to the Chairman of the Board of Appeals all papers in connection
with any application for variance or all the papers constituting the
record upon which the action appealed from was taken.
[Amended 7-18-2011 by L.L. No. 4-2011]
C.
The Board of Appeals shall set a reasonable date for
the hearing of each application or appeal, which shall be not more
than 30 days beyond the date on which the application or the appeal
was filed with the Code Enforcement Officer. The applicant or appellant
may appear in person, by agent or by attorney.
D.
Any action or decision of the Board shall be by resolution
adopted by the Board and shall set forth specifically and concisely
the action taken or the determination made by the Board and, whenever
appropriate, the reasons therefor.
E.
Use variance. The Board of Appeals, on appeal from the decision or
determination of the administrative officer charged with the enforcement
of such local law, shall have the power to grant use variances, as
defined herein. 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, the following conditions apply:
[Amended 7-18-2011 by L.L. No. 4-2011]
(1)
Economic return. That the building or land in question cannot yield
a reasonable economic return if used only for a purpose permitted
in the district as demonstrated by competent financial evidence. Proof
of a more profitable return if the variance is granted is not, in
itself, evidence of economic hardship.
(2)
Unique circumstances. That unique circumstances exist for the land
or building in question which are not generally found throughout the
district and which deprive the applicant of the reasonable use of
such land or building.
(3)
Neighborhood character. That granting the variance will be in harmony
with the spirit and intent of this chapter and will not alter the
essential character of the surrounding neighborhood.
(4)
That the hardship claimed is not self-created.
F.
The Board of Appeals, in granting of use variances, shall grant the
minimum variance that it shall deem necessary and adequate to address
the unnecessary hardship proved 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.
[Added 7-18-2011 by L.L. No. 4-2011[1]]
G.
Area variance. The Board of Appeals shall have the power, upon an
appeal from the decision or determination of the administrative officer
charged with the enforcement of such local law, to grant area variances,
as defined herein. In making its determination, the 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 of Appeals shall also consider:
[Amended 7-18-2011 by L.L. No. 4-2011]
(1)
Whether 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;
(2)
Whether the benefit sought by the applicant can be achieved by some
method, feasible for the applicant to pursue, other than an area variance;
(3)
Whether the requested area variance is substantial;
(4)
Whether the proposed variance will have an adverse effect or impact
on the physical or environmental conditions in the neighborhood or
district; and
(5)
Whether 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.
H.
The Board of Appeals, in 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.
[Added 7-18-2011 by L.L. No. 4-2011[2]]
I.
Conditions and safeguards. The Board of Appeals, in making any determination
or decision, may attach such conditions thereto as the Board deems
necessary to carry out the purposes and maintain the integrity of
this chapter and protect the rights of the owners of property in the
vicinity.
[Amended 7-18-2011 by L.L. No. 4-2011]
J.
Any special use, permit or variance which is not exercised within
one year from the date of issuance is hereby declared to be revoked
without further hearing or action by the Board of Appeals.
[Amended 7-18-2011 by L.L. No. 4-2011]
K.
In rendering any decision or making any determination, the Board
of Appeals shall include the following statement: "Any person or persons
jointly or severally aggrieved by any decision or determination of
the Board of Appeals may apply to the Supreme Court of the State of
New York for relief, provided that such proceeding must be instituted
as provided by law within 30 days after the filing of the decision
in the office of the Village Clerk." However, the failure to include
this provision in any such decision or determination shall not affect
the validity or enforceability of any such decision or determination
made by the Board of Appeals.
[Amended 7-18-2011 by L.L. No. 4-2011]
L.
Upon application of any interested party, the Board of Appeals may,
at the time and place for which a hearing was scheduled, grant a reasonable
adjournment, as it may, in its discretion, determine, if the ends
of justice will be promoted thereby. Such application shall be read
aloud, and the Board may hear arguments for and against such adjournment
from any interested party.
[Amended 7-18-2011 by L.L. No. 4-2011]
