The Zoning Board of Appeals (ZBA) is authorized to hear and
decide appeals where it is alleged there has been an error in interpretation
of any zoning code provisions or in any order, requirement, decision,
or determination made by the CEO, their designee, or other such administrative
official.
Appeals may be filed by any person aggrieved by a decision of
the CEO, their designee, or other such administrative official. The
ZBA is authorized to make determinations about whether individuals
filing appeals are "aggrieved by the decision or action."
An appeal shall stay all proceedings in furtherance of the appealed
action, unless the CEO certifies to the ZBA a stay would, in his or
her opinion, cause imminent peril to life or property. Then the proceedings
shall not be stayed otherwise than by a restraining order granted
by the ZBA or by a court of record on application, to the CEO.
Upon receipt of a complete appeal application, the CEO must
transmit to the ZBA all papers constituting the record upon which
the action appealed is taken.
All appeals shall complete the municipal referral procedure and SEQR documentation where required by New York State General Municipal Law. Additional information may be found in Article 50 of this chapter.
A.
The ZBA must hold a public hearing on the appeal within 62 days of receiving a complete application. A notice of public hearing on appeals must be provided as required by New York State Village Law and in accordance with Article 50 of this chapter.
B.
The ZBA must take action on the appeal within 62 days of the close
of the public hearing.
C.
In exercising the appeal power, the ZBA has all the powers of the
official from whom the appeal is taken.
D.
The ZBA may reverse the appeal or affirm the appeal, in whole or
in part, or modify the decision being appealed.
E.
In acting on the appeal, the ZBA must grant to the decision or action
a presumption of correctness, placing the burden of persuasion of
error on the appellant.
F.
A motion for the ZBA to hold a rehearing to review any order, decision
or determination not previously reheard may be made by any member
of the ZBA. A unanimous vote of all members of the ZBA 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 ZBA may reverse, modify or annul its original order, decision
or determination upon the unanimous vote of all members then present,
provided the ZBA finds that the rights vested in persons acting in
good faith in reliance upon the reheard order, decision or determination
will not be prejudiced thereby.
A.
Any person or persons jointly or severally aggrieved by any decision
of the ZBA, Planning Commission, or Village Board may apply to the
New York State Supreme Court for review by a proceeding under Article
78 of the Civil Practice Laws and Rules. Such proceeding shall be
instituted within 30 days after the filing of the board's decision
in the office of the Village Clerk.
B.
Costs shall not be charged to the Village unless it shall appear
to the Court that it acted in gross negligence or in bad faith or
with malice in making its decision.
