A.
There is hereby established a Zoning Board of Appeals ("Zoning Board")
having the powers authorized under the New York State Town Law. Said
Zoning Board shall consist of five members of staggered terms, including
a Chairperson, appointed by the Town Board. Appointments shall be
in accordance with the New York State Town Law, and an appointment
to a vacancy occurring prior to the expiration of a term shall be
for the remainder of the unexpired term. In the absence of a Town
Board appointment of a Chairperson, the Zoning Board may designate
a member to serve as Acting Chairperson. The Town Board may also provide
for compensation to be paid to experts, clerks and a secretary and
provide for such other expenses as may be necessary and proper.
[Amended 5-14-2013 by L.L. No. 1-2013[1]]
[1]
Editor's Note: This local law also repealed original § 100-67B,
regarding Zoning Board and Planning Board joint meetings, which immediately
followed this subsection.
B.
Members of the Zoning Board shall complete at least four hours of
training per calendar year at training sessions approved by the Town
Board and satisfying state-mandated training requirements. Certificates
evidencing completion of the required four hours of training shall
be filed by all Zoning Board members with the Town Clerk before December
31 of each year.
[Amended 5-14-2013 by L.L. No. 1-2013]
C.
The Town Board deems it essential that Zoning Board members are available
and present at all scheduled Zoning Board meetings. Failure of any
Zoning Board member to be present for at least 75% of the Zoning Board
meetings held in a calendar year shall be grounds for removal for
cause of the Zoning Board member following a public hearing as required
under of the New York State Town Law. As provided therein, the Town
Supervisor following removal of any Zoning Board member shall appoint
a new member for the unexpired terms of the member so removed.
A.
The Zoning Board may reverse or affirm, wholly or partly, or may
modify the order, requirement, decision, interpretation or determination
as in its opinion ought to have been made in the matter by the administrative
official(s) charged with the enforcement of this chapter, and, to
that end, shall have all powers of the administrative official(s)
from whose order, requirement, decision, interpretation or determination
the appeal is taken.
B.
Use variances.
(1)
The Zoning Board, on appeal from the decision or determination of
the administrative officials charged with the enforcement of this
chapter, shall have the power to grant use variances, as defined herein.
(2)
No such use variance shall be granted by a Zoning Board without a
showing by the applicant that applicable regulations and restrictions
of this chapter have caused unnecessary hardship. In order to prove
such unnecessary hardship the applicant shall demonstrate to the Zoning
Board that:
(a)
He or she cannot realize a reasonable return, provided 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 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 Zoning Board, 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 shall have the power, upon an appeal from a decision
or determination of the administrative officials charged with the
enforcement of this chapter, to grant area variances as defined herein.
(2)
In making its determination, the Zoning Board 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 Zoning
Board shall also consider:
(a)
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;
(b)
Whether the benefit sought by the applicant can be achieved
by some method, feasible for the applicant to pursue, other than an
area variance;
(c)
Whether the requested area variance is substantial;
(d)
Whether the proposed variance will have an adverse effect or
impact on the physical or environmental conditions in the neighborhood
or district; and
(e)
Whether the alleged difficulty was self-created, which consideration
shall be relevant to the decision of the Zoning Board, but shall not
necessarily preclude the granting of the area variance.
(3)
The Zoning Board, 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.
The Zoning Board 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, and/or the period of time such variance
shall be in effect. 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.
A.
All meetings of the Zoning 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 or her absence, the Acting Chairperson, may
administer oaths and compel the attendance of witnesses.
B.
Meeting of the Zoning Board shall be open to the public to the extent
provided in Article 7 of the Public Officers Law. The Board 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 also keep records of its examinations and other official
actions.
C.
Every rule, regulation, every amendment or repeal thereof, and every
order, requirement, decision or determination of the Zoning Board
shall be filed in the office of the Town Clerk within five business
days and shall be a public record. Every decision of the Zoning Board
shall be made by resolution and include findings establishing the
basis of the decision.
D.
The Zoning Board shall have the authority to call upon any department,
agency or employee of the Town for such assistance as shall be deemed
necessary and as shall be authorized by the Town Board. It shall also
have authority to refer matters to the Town Planning Board for review
and recommendation prior to making a decision.
E.
Except as otherwise provided herein, the jurisdiction of the Zoning
Board 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 officials
charged with the enforcement of this chapter. The concurring votes
of five members of the Zoning Board 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,
board or bureau of the Town.
F.
Such appeal shall be taken within 60 days after the filing of any
order, requirement, decision, interpretation or determination of the
administrative officials charged with the enforcement of this chapter
by filing with such administrative official and with the Zoning Board
a notice of appeal, specifying the grounds thereof and the relief
sought. The administrative official(s) from whom the appeal is taken
shall forthwith transmit to the Zoning Board all the papers constituting
the record upon which the action appealed from was taken.
G.
An appeal shall stay all proceedings in furtherance of the action
appealed from, unless the administrative official charged with the
enforcement of such ordinance or local law, from whom the appeal is
taken, certifies to the Zoning Board, after the notice of appeal shall
have been filed with the administrative office, that by reason of
facts stated in the certificate a stay, would, in his or 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 Zoning Board 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.
H.
The Zoning Board shall fix a reasonable time, no more than 62 days
following application, 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 Town at least five days prior
to the date thereof. The cost of sending or publishing any notices
relating to such appeal shall be borne by the appealing party and
shall be paid to the Board prior to the hearing of such appeal. Upon
the hearing, any party may appear in person, or by agent or attorney.
The hearing shall be conducted in accordance with rules of the Zoning
Board. Such rules shall permit cross-examination by parties, provide
for evidentiary procedures and allow for rehearings on the unanimous
vote of the members present.
I.
The Zoning Board shall decide upon the appeal within 62 days after
the conduct of said hearing. The time within which the Zoning Board
must render its decision may, however, be extended by mutual consent
of the applicant and the Board.
J.
The decision of the Zoning Board on the appeal shall be filed in
the office of the Town Clerk within five business days after the day
such decision is rendered, and a copy thereof mailed to the applicant.
K.
At least five days before such hearing, the Zoning Board shall mail
notices thereof to the parties; to the regional state park commission
having jurisdiction over any state park or parkway within 500 feet
of the property affected by such appeal; and to the Schuyler County
Planning Commission, as required by §§ 239-m and 239-nn
of the General Municipal Law. No Zoning Board decision shall be made
except in conformance with such 239-m and 239-nn procedures, including
requirements for an affirmative vote of no less than five members
of the Board if it shall determine to approve an application which
the county has recommended it disapprove or modify.
