[Amended 10-19-2011 by L.L. No. 4-2011]
A.
The Mayor, subject to the approval of the Board of Trustees, shall
appoint a Zoning Board of Appeals pursuant to § 7-712 of
the Village Law. The Zoning Board of Appeals shall consist of three
members to serve for staggered three-year terms. The Mayor shall appoint
the Chairperson of the Zoning Board of Appeals, subject to the approval
of the Board of Trustees.
[Added 11-19-2008 by L.L. No. 3-2008; amended 10-19-2011 by L.L. No.
4-2011]
Pursuant to § 7-712, Subdivision 11, of the New York
State Village Law, the Mayor may, subject to the approval of the Board
of Trustees, appoint alternate members of the Zoning Board of Appeals
to substitute for a member in the event such member is unable to participate
on an application or matter before the Zoning Board of Appeals, whether
such inability is due to absence, conflict of interest, or any other
reason. Such alternate member shall have all the powers and responsibilities
of a member of the Zoning Board of Appeals. The terms of such alternate
members shall be for a maximum term of three years from date of appointment,
unless otherwise extended by the Board of Trustees. The Board of Trustees
shall also require said alternate members to complete training and
continuing education courses in order to fulfill their duties as alternate
members of the Zoning Board of Appeals.
The Zoning Board of Appeals shall have all the powers and duties
prescribed by law and by this chapter which are specified as follows:
A.
Rules of procedure. The Zoning Board of Appeals shall have the power
to make, adopt and promulgate such written rules of procedure, bylaws
and forms as may be provided for in Article 7 of the Village Law for
the proper execution of its duties. Such rules, bylaws and forms shall
not be in conflict with, or have the effect of waiving, any provisions
of this chapter or any other ordinance or law of the Village of Corinth.
B.
Interpretive powers. The Zoning Board of Appeals shall have the power
to hear and decide on questions where it is alleged there is an error
in any order, requirement, decision or determination made by the Code
Enforcement Officer involving the interpretation of any provision
of this chapter. Also involving a request by an administrative official,
board or agency of the Village, to decide any of the following questions:
C.
Variances.
(1)
Area variances. The Zoning Board of Appeals shall have the power,
upon appeal from a decision or determination of the Code Enforcement
Officer, to vary or modify yard requirements, setback lines, lot coverage,
frontage requirements, height requirements and density regulations.
(a)
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:
[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 shall
be relevant to the decision of the Zoning Board of Appeals but shall
not necessarily preclude the granting of the area variance.
(b)
The Zoning 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.
(2)
Use variances. The Zoning Board of Appeals shall have the power,
upon appeal from a decision or determination of the Code Enforcement
Officer, to vary the use requirements of this chapter.
(a)
No use variance shall be granted by the Zoning Board of Appeals
without a showing by the applicant that applicable land use restrictions
have caused unnecessary hardship. In order to prove such unnecessary
hardship, the applicant shall demonstrate to the Zoning Board of Appeals
that for each and every permitted use under the land use regulations
for the particular district where the property is located:
[1]
The applicant cannot realize a reasonable return, provided that
lack of return is substantial as demonstrated by competent financial
evidence;
[2]
The alleged hardship relating to the property in question is
unique and does not apply to a substantial portion of the district
or neighborhood;
[3]
The requested use variance, if granted, will not alter the essential
character of the neighborhood; and
[4]
The alleged hardship has not been self-created.
(b)
The Zoning 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.
(c)
At the same time, the Zoning Board of Appeals shall preserve
and protect the character of the neighborhood and the health, safety
and welfare of the community.
(3)
Imposition of conditions. The Zoning 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 such variance may have on the neighborhood or community.
D.
Site plan review for use variances. In the case of the granting of
a use variance, the Zoning Board of Appeals shall determine if the
applicant is to undergo site plan review with the Planning Board.
A.
Meetings and voting requirements.
(1)
Meetings shall be held at the call of the Chairperson or at such
other times as the Zoning Board of Appeals may determine. A quorum
shall consist of two members. In order to reverse a decision of the
Code Enforcement Officer or to authorize a variance, an affirmative
vote of at least two members shall be required.
[Amended 8-3-2022 by L.L. No. 2-2022]
(2)
A vote of a majority plus one of all members shall be required if
the action taken by the Zoning Board of Appeals is contrary to an
advisory recommendation received from the Saratoga County Planning
Board under the provisions of § 239-m of the General Municipal
Law. The Board shall keep accurate minutes of its proceedings, documenting
fully all findings and showing the vote of each member upon each question.
All meetings of the Zoning Board of Appeals shall be open to the public.
B.
Appeals.
(1)
All appeals shall be filed within 60 days of the action appealed
from and shall be accompanied by the applicable fee in accordance
with the fee schedule established by the Village Board and posted
in the Village Hall. Every appeal or request shall refer to the specific
provision of this chapter. Appeals shall also set forth either the
interpretation that is claimed or the details of the variance that
is applied for and the grounds on which it is claimed that such variance
should be granted.
(2)
All appeals and requests made to the Board shall be in writing, on
forms prescribed by the Board and furnished by the Code Enforcement
Officer.
(3)
The application shall contain a plot plan of the real property to
be affected, indicating the location and size of the lot and size
of improvements thereon and proposed to be erected thereon, and all
yard dimensions and adjacent property owners.
(4)
More specifically, each application for an area or use variance shall
be accompanied by a site plan at a scale of one inch equals 50 feet.
The site plan shall show the size and placement of the lot, including
tax map reference numbers (section, block, lot), surrounding land
use, design and location of proposed buildings, driveways, parking
areas, landscaping and screening, proposed drainage and utility systems,
existing and proposed contours of the land, and any other information
deemed necessary by the Zoning Board of Appeals.
(5)
The Zoning Board of Appeals has the right to waive any of the aforementioned
application requirements that it feels are inapplicable.
C.
Public notice and hearing. The Board shall fix a reasonable time
and place for a public hearing on any such appeal or request, of which
hearing date the appellant shall be given notice and at which hearing
he shall appear in person or by agent. Additionally, notice shall
be provided as follows:
(1)
By publishing at least five calendar days prior to the date thereof
a legal notice in the official newspaper of the Village.
(2)
By requiring the applicant to provide notice of the public hearing
and data regarding the substance of the appeal to the owners of all
property abutting that property held by the applicant, or such additional
distances that the Zoning Board of Appeals may deem advisable, of
the land involved in such appeal. Notice shall be provided by first-class
mail at least five calendar days prior to the hearing, with compliance
with this notification procedure affirmed by the applicant through
an affidavit submitted to the Building Department. The names of owners
notified shall be taken from the last completed tax roll of the Village.
[Amended 8-18-2021 by L.L. No. 1-2021]
D.
Required referral. A full statement of any appeal that meets the
referral requirements of § 239-m of the General Municipal
Law shall also be referred not less than 5 days prior to the public
hearing to the Saratoga County Planning Board. No action shall be
taken by the Zoning Board of Appeals on such appeal until an advisory
recommendation has been received from said Board or 30 calendar days
have elapsed since the Board received such full statement. When the
application is for the granting of a use variance on property that
is within 500 feet of an adjacent municipality, notice shall be given
in accordance with § 239-nn of the General Municipal Law to the
clerk of the adjacent municipality at least 10 days prior to the public
hearing.[1]
E.
Decisions. Every decision of the Zoning Board of Appeals on an appeal
or request shall be made within 62 days of the close of the hearing
by the Board. The decision shall be recorded in accordance with standard
forms adopted by the Board, shall fully set forth the circumstances
of the case and shall contain a full record of the findings on which
the decision is based. Every decision shall be by resolution of the
Board, with each such decision being filed in the office of the Village
Clerk-Treasurer within five business days thereof. The Board shall
also notify the Code Enforcement Officer, the Secretary of the Planning
Board and any affected municipality given notice of hearing of its
decision in each case. If applicable, a report on the action taken
shall also be filed within seven calendar days of said action with
the Saratoga County Planning Board.
F.
Attachment of conditions. In all cases where the Zoning Board of
Appeals grants a variance from the strict application of the requirements
of this chapter, it shall be the duty of such Board to attach such
conditions and safeguards as may be required in order that the result
of its action shall be as nearly as possible in accordance with the
spirit and intent of this chapter.
G.
Effect of appeal. Unless the Code Enforcement Officer finds there
to be an imminent peril to either life or property, an appeal stops
all work related to the action that is the subject of the appeal,
by either the Village or appellant.
H.
Expiration of approval. Unless construction or use is commenced and
diligently pursued within one calendar year from the date of the granting
of a variance, such variance shall become null and void without further
hearing by the Zoning Board of Appeals.
The Zoning Board of Appeals shall comply with the provisions
of the State Environmental Quality Review Act (SEQRA).[1] If the time schedule for SEQRA is different, the schedule
should be modified for SEQRA for projects that are subject to an environmental
impact statement.
[1]
Editor's Note: See § 8-0101 et seq. of the Environmental
Conservation Law.
Any person or persons jointly or severally aggrieved by any
decision of the Zoning Board of Appeals may apply to the Supreme Court
of the State of New York for relief through a proceeding under Article
78 of the Civil Practice Law and Rules of the State of New York. Such
proceeding shall be governed by the specific provisions of Article
78, except that the action must be initiated as therein provided within
30 days after the filing of the Board's decision in the office of
the Village Clerk-Treasurer.
