[Adopted 9-26-2023 by L.L. No. 8-2023]
The purpose of the Town of Farmington Zoning Board of Appeals
(ZBA) is hereby established to:
A.
Administer the provisions of Article 16, §§ 267, 267-A,
267-B, 267-C, 268, 269, 274-A Subdivision 3, 280 and 280-A New York
State Town Law; and
D.
Administer the applicable provisions within Article 8 of the New
York State Environmental Conservation Law (ECL); and
E.
Establish and maintain effective communications with the various
Town boards, committees and commissions; and
F.
To identify specific goals, objectives and implementation actions
contained in the latest edition of the adopted Town of Farmington
Comprehensive Plan; and
G.
To recommend appropriate land use regulations for the community to
be contained in the Town Code of Farmington Town Code.
The intent of these regulations is to identify the Town of Farmington
Zoning Board of Appeals (ZBA), established by Town Board resolution
dated July 15, 1957, is hereby further amended to provide information
and service to the residents of the Town, the Town Board, Town Planning
Board, Town Environmental Conservation Board, the Town Agriculture
Advisory Committee, the New York State Department of State, the Ontario
County Department of Planning, the Ontario County Planning Board,
the New York State Department of Environmental Conservation, the New
York State Department of Agriculture and Markets, the New York State
Department of Health and the Federal Emergency Management Agency (FEMA)
on issues relating to sustaining, promoting, and identifying land
use and related needs within the Town which protect the health, safety
and welfare of the community.
The function of the Town Zoning Board of Appeals includes but
is not limited to the following:
A.
To receive applications and to hear appeals upon an interpretation,
decision or determination provided by the Town Code Enforcement Officer
that would enable an application for an area variance to be made to
the Zoning Board of Appeals pursuant to § 267-b Subdivision
1 of the New York State Town Law; and
B.
To receive applications and to hear appeals upon an interpretation,
decision or determination provided by the Town Code Enforcement Officer
that would enable an application for a use area variance to be made
to the Zoning Board of Appeals pursuant to § 267-b Subdivision
2 of the New York State Town Law; and
C.
To receive applications and to hear appeals upon an interpretation,
decision or determination provided by the Town Code Enforcement Officer,
or the Town Planning Board, that would enable an application for an
area variance to be made to the Zoning Board of appeals pursuant to
§ 274-a Subdivision 3 of the New York State Town Law. A
decision rendered upon a requested area variance pending as part of
an action before the Town of Farmington Planning Board for either
preliminary subdivision plat approval or preliminary site plan approval
shall only be made by the Zoning Board of appeals after having received
an application therefore from the Town Code Enforcement Officer and
either a report, a recommendation, or a preliminary resolution of
approval with condition(s) from the Town of Farmington Planning Board.
No ZBA decision upon a requested area variance may overrule an authorized
review of either of the two above referenced actions (preliminary
subdivision plat or preliminary site plan) that have been approved
with condition(s) by the Town of Farmington Planning Board.
E.
To receive applications and to hear appeals upon an interpretation, decision or determination provided by the Town Code Enforcement Officer that would enable an application for a temporary use permit to be made to the Zoning Board of Appeals pursuant to Chapter 165, Article VIII, Administration and Enforcement, § 165-91 of the Town Code of the Town of Farmington; and/or
G.
To receive applications and to hear appeals upon an interpretation, decision or determination provided by the Town Code Enforcement Officer, acting in the capacity as the designated local administrator of the provisions contained within Chapter 87, Flood Damage Prevention, of the Town Code of the Town of Farmington, that would enable an application for an area variance to be made to the Zoning Board of Appeals pursuant to Chapter 87, Article VI, Variance Procedure, §§ 87-16 and 87-17 of the Town Code of the Town of Farmington; and/or
H.
To participate with members of the Town of Farmington Comprehensive
Plan Update Committee during the public participation process involved
with amendment to the latest edition of the "Town of Farmington Comprehensive
Plan;" and
I.
To contribute to sustaining the established high standards for development
that are part of the Town's ongoing planning program, its reviews
and decisions upon development projects, and related land use issues,
by providing consistent and accountable services to the community,
by granting the minimum relief determined necessary and appropriate
by the ZBA when acting upon an area variance; and
J.
To advise the Town Board of concerns found within the Town Code chapters
identified above herein and to recommend amendments thereto; and
K.
To maintain training certification of each of its members by requiring
at least the minimum number of hours established by the Town Board;
and
L.
To advise and recommend to the Town Board, the Zoning Board of Appeals'
(ZBA) needs for annual operating budgets; and
M.
To seek legal and professional advice from established experts upon
a matter pending before the Zoning Board of Appeal (ZBA) for its review
and action.
A.
There shall be five members of the Town of Farmington Zoning Board
of Appeals (ZBA) appointed by the Town Board.
B.
There may be one alternate member to serve the needs of the Town
of Farmington Zoning Board of Appeals (ZBA) appointed by the Town
Board, as further provided for in Article 16, §§ 267-a,
267-b and 267-c of New York State Town Law.
C.
All members of the Town of Farmington Zoning Board of Appeals and
any alternate member shall be residents of the Town of Farmington
and at least 21 years of age.
D.
The Zoning Board of Appeals shall have the power and authority granted
to it by the Town Board to employ experts and a clerk and to pay for
their services; and to provide for such other appropriation that may
be authorized therefor by the Town Board for the Zoning Board of Appeals.
E.
Town Board members ineligible. No person who is a member of the Town
Board shall be eligible for membership on the Town Zoning Board of
Appeals.
F.
Town Board member liaison. There shall be one member of the Town
Board assigned by the Town Board to serve as liaison to the Town Zoning
Board of Appeals.
G.
Zoning Board of Appeals membership. The terms of members of the ZBA
shall be fixed so that the term of one member shall expire at the
end of the calendar year in which such member was initially appointed.
The terms of the remaining members shall be so fixed that one term
shall expire at the end of each calendar year thereafter. The terms
of all members shall expire at the end of the calendar year and their
successors shall then be appointed for terms which shall be equal
in years to the number of members of the Zoning Board of Appeals.
H.
Vacancies on the Zoning Board of Appeals. Any vacancy shall be filled
in the same manner as the original appointment, except that a vacancy
occurring other than by the expiration of the term of office shall
be filled only for the remainder of the unexpired term.
I.
To be eligible for reappointment to the Zoning Board of Appeals,
such member shall have completed the training requirements established
by the Town Board.
J.
To be eligible for reappointment to the Zoning Board of Appeals,
such member shall have participated in at least 80% of the scheduled
meetings during said term of office.
K.
Removal of members. The Town Board shall have the power to remove,
after public hearing, any member of the Zoning Board of Appeals for
cause. Any Zoning Board of Appeals member may be removed for noncompliance
with minimum requirements relating to meeting attendance and training
as established by the Town Board by local law or resolution.
L.
Members of the Zoning Board of Appeals shall serve with a stipend
amount approved by the Town Board.
Members now holding office for terms established shall, upon
the expiration of their term, hold office until the end of the calendar
year and their successors shall then be appointed for terms which
shall be as specified in the above section.
A.
The Zoning Board of Appeals, each year at its organizational meeting,
shall designate the date, time, and place of the Zoning Board of Appeals
Meetings for said calendar year. The Town Board shall appoint the
Zoning Board of Appeals Chairperson who shall serve a term that expires
on December 31 of said calendar year.
B.
Once appointed the Zoning Board of Appeals Chairperson may appoint
an Alternate Chairperson to serve in the Chairperson's absence.
The Alternate Chairperson shall be appointed for a term that expires
on December 31 of said calendar year.
C.
Additional meetings may be called by the Zoning Board of Appeals
Chairperson as needed.
B.
A majority of the Zoning Board of Appeals members shall be present
in order to convene a meeting.
C.
All ZBA meetings, including public hearings and workshops, shall
be conducted in accordance with the rules of procedure adopted each
year by the Zoning Board of Appeals.
D.
The Zoning Board of Appeals may conduct workshop sessions to discuss
matters of concern to its members. Said workshops shall be advertised
in the Town's official newspaper, posted on the Town Hall bulletin
board and on the Town's website. Minutes of all workshops shall
be approved by the Zoning Board of Appeals and filed with the Town
Clerk's office.
E.
All deliberations and decisions made by the Zoning Board of Appeals
shall be only in a scheduled public session.
F.
No public hearing before the Zoning Board of Appeals shall be closed
until it can be determined by the Board's Chairperson that all
the public comments have been received by those in attendance in the
meeting room and those individuals participating online and only after
there is a motion made and seconded by members of the Zoning Board
of Appeals and a voice vote to close the public hearing.
G.
At any point during a public hearing upon an application a member
of the Zoning Board of Appeals deems it to be appropriate, they may
move to table any further discussion on the matter and to continue
the public hearing to a specific date and time. Once a second to this
motion is received, the Chairperson shall take a roll call vote on
the motion. A majority vote of the Board shall be required to stay
any further deliberations and continue the public hearing.
H.
Any continued application shall be heard first at the next scheduled
meeting prior to opening a new public hearing upon a new application.
Once the public hearing is closed the Zoning Board of Appeals may
act upon the matter under review before proceeding to new meeting
agenda items.
I.
The Zoning Board of Appeals (ZBA) shall decide upon the appeal within
62 days after the conduct (close) of said hearing. The time within
which the ZBA must render its decision may be extended by mutual consent
of the applicant and the Board.
Each year, the ZBA shall review, amend as necessary and adopt
rules of procedure for conducting public meetings. Once adopted by
ZBA resolution, said rules of procedure shall be filed with the Town
Clerk's office. Said adopted rules of procedure shall remain
in effect until replaced the following year by ZBA action. The adopted
rules of procedure shall be maintained on the Town's website.
Any matter referred to the Zoning Board of Appeals (ZBA) for
possible review and consideration shall be transmitted in written
form to all members of said Board as soon as may be practical by another
referring board and/or by the Director of Planning and Development,
the Town Code Enforcement Officer or Town Attorney, as the case may
be. If the referral is reasonably determined to require the review
of the ZBA, the Chairperson shall convene a meeting of said Board
and render its opinion or response to said referral prior to the scheduled
date of the referring board's meeting on the matter. With the
advice and consent of a majority of the ZBA members not to render
a formal review, the Chairperson shall so notify the referring body.
Such notification shall be deemed to have discharged the responsibility
of the ZBA to act on such referral.
A quorum for meeting of the Zoning Board of Appeals (ZBA) shall
be three members participating in person. The ZBA is hereby deemed
a public body for the purposes of Article 7 of the New York State
Public Officers Law.
The ZBA may submit an annual report to the Town Board not later
than 10 business days following the ZBA's organizational meeting
of each year, concerning the activities and work of the ZBA during
the previous year and that planned for the coming year.
