[HISTORY: Adopted by the Board of Trustees
of the Village of Monroe 12-4-1990 by L.L. No. 6-1990.[1] Amendments noted where applicable.]
A.
Creation. There shall be a Zoning Board of Appeals
of five members and an additional two alternate members, pursuant
to the provisions of § 7-712 of the Village Law.
[Amended 7-17-2007 by L.L. No. 4-2007; 6-13-2017 by L.L. No. 6-2017; 1-19-2021 by L.L. No. 2-2021]
(1)
Terms
of members first appointed. In the creation of a new Board of Appeals,
or the reestablishment of terms of an existing Board, the appointment
of members to the Board shall be for a term of five years so fixed
that one member's term shall expire at the end of the Village's official
year in which such members were initially appointed. The remaining
members' terms shall be so fixed that one member's term shall expire
at the end of each official year thereafter. At the expiration of
each original member's appointment, the replacement member shall be
appointed by the Board of Trustees for a term which shall be equal
in years to the number of members of the Board.
(2)
Terms
of members now in office. Members now holding office for terms which
do not expire at the end of the Village official year shall, upon
the expiration of their term, hold office until the end of the Village's
official year and their successors shall then be appointed for terms
which shall be for a term of five years.
B.
Residency; term of office. Every member of the Zoning
Board of Appeals, at the time of his/her appointment and throughout
his/her term of office, shall be a resident of the Village and shall
serve a term of five years.
[Amended 6-18-2019 by L.L. No. 10-2019]
D.
Chairperson. The Mayor, subject to the approval of
Village Board of Trustees, shall designate a member of the Zoning
Board of Appeals to act as Chairperson pursuant to the provisions
of § 7-712 of the Village Law.
[Added 6-13-2017 by L.L. No. 6-2017]
E.
Employees
and expenses. The Village Board of Trustees shall have the power and
authority to employ legal counsel and such other experts and staff,
including a secretary or clerk (who is not a member of the Board and
whose salary is to be fixed by the Village Board of Trustees), to
serve the Zoning Board of Appeals (upon the request and recommendation
of that Board), and to pay for their services and such other expenses
as may be necessary and proper, not exceeding, in all, the appropriation
that may be made for such Board.
[Added 6-13-2017 by L.L. No. 6-2017[2]]
F.
Quorum. No hearing or meeting of the Board shall be
held nor any action taken in the absence of a quorum. A quorum shall
consist of at least three members of the Zoning Board of Appeals.
G.
Voting. All matters before the Zoning Board of Appeals
shall be decided by a roll-call vote. Decisions on any matter before
the Board shall require the affirmative vote of a majority of the
entire membership. A tie vote, or a favorable vote by a lesser number
than the required majority, shall be considered a rejection of the
matter under consideration.
H.
Conflict of interest. No member of the Zoning Board
of Appeals shall sit in a hearing or vote on any matter in which he/she
possesses a conflict of interest. Said member shall not be counted
by the Board in establishing the quorum for such matter.
[Added 7-17-2007 by L.L. No. 4-2007]
A.
Appointment. Alternate members of the Zoning Board
of Appeals shall be appointed by the Mayor, subject to the approval
of the Board of Trustees, for fixed terms.
B.
Duties and responsibilities. Alternate members of
the Zoning Board of Appeals shall have all duties and responsibilities
set forth in Village Law § 7-712 and shall substitute for
regular Board member(s) who are unable to participate.
[Amended 6-18-2019 by L.L. No. 10-2019]
C.
Term of office. The term of each alternate member
shall be for a term of five years so fixed that one member's term
shall expire at the end of the Village's official year in which such
members were initially appointed. Alternates now holding office for
terms which do not expire at the end of the Village official year
shall, upon the expiration of their term, hold office until the end
of the Village's official year, and their successors shall then be
appointed for terms which shall be for a term of five years.
[Amended 6-18-2019 by L.L. No. 10-2019; 1-19-2021 by L.L. No. 2-2021]
D.
Vacancy. In the event an alternate position shall
become vacant for any reason, a successor shall be appointed to fill
the vacancy until expiration of that term, at which time the alternate
member shall commence his or her five-year term.
[Amended 6-18-2019 by L.L. No. 10-2019]
