[Amended 9-25-2007 by L.L. No. 9-2007]
A.
A Board of Appeals shall consist of five members appointed
by the Mayor, subject to approval by the Village Board. No person
who is a member of the Village Board shall be eligible for membership
on such Board of Appeals. In addition, the Mayor, upon approval of
the Village Board, may appoint up to two additional persons as alternates,
who shall serve by designation of the Chairman of the Board of Appeals,
by reason of the absence of one or more members of the Board of Appeals,
in situations where such absence would disable the Board of Appeals
from its ability to perform Village business. Of the members of the
Board first appointed, one shall hold office for a term of one year,
one for the term of two years, one for the term of three years, one
for the term of four years and one for the term of five years from
and after appointment. The successors to the members of the Board
of Appeals shall be appointed for terms of five years from and after
the expiration of the terms of their predecessors in office. Alternates
shall be appointed for a term of five years. If a vacancy shall occur
in the regular membership of the Zoning Board of Appeals, it shall
be filled by appointment for the unexpired term of the vacant member.
An alternate may be appointed as a member for such unexpired term.
If a vacancy shall occur otherwise than by expiration of term for
an alternate, such term shall be filled by the Mayor, subject to approval
of the Village Board, by appointment for the unexpired term of the
alternate.
B.
The Mayor, subject to approval by the Village Board,
shall designate a Chairman of the Board of Appeals and a Vice Chairman
to preside in the absence of the Chairman. In the absence of both
Chairman and Vice Chairman, the Board of Appeals shall choose one
of its members as Acting Chairman. The Chairman or Acting Chairman
may administer oaths and compel the attendance of witnesses. The Chairman
or Acting Chairman may also designate an alternate to perform the
duties of a member, in the event that a quorum for conduct of business
of the Board of Appeals is not present. The Chairman or Acting Chairman
may designate both alternates to serve as members in the event that
both are required to establish a quorum for the conduct of business.
C.
The Board of Appeals shall adopt such rules and regulations
as it may deem necessary to carry into effect the provisions of this
chapter, shall take minutes of all its meetings and keep a record
of its proceedings and its vote on every question. All meetings of
the Board shall be open to the public.
D.
Once designated to serve on a particular matter before
the Board of Appeals, alternates shall have the same powers and duties
as members of the Board, until that matter is concluded. Any determination
of said Board consisting of an alternate or alternates shall have
the same weight and be entitled the same authority as the actions
of the regular Zoning Board of Appeals, and all laws, statues and
regulations shall apply and be applied with equal force and effect.
Such alternates appointed pursuant to this section shall be paid for
their respective services as fixed by resolution of the Board of Trustees.
E.
Alternates shall be subject to all provisions of state
law related to Zoning Board of Appeals membership, vacancy in office,
removal, compatibility in office and service on other boards, as well
as any provisions of local laws.
A.
The Board of Appeals shall have all the powers and
duties prescribed by § 7-712 of the Village Law of the State
of New York and by this chapter, which are more particularly specified
as follows:
(1)
Interpretation. Upon appeal from a decision by an
administrative official, to decide any question involving the interpretation
of any provision of this chapter, including a determination of the
exact location of any district boundary if there is uncertainty with
respect thereto.
(2)
Special permits and temporary use permits. To hear
and decide upon applications for such permits as specified in this
chapter.
(3)
Use variance.
(a)
Where there is unnecessary hardship in the way
of carrying out the strict letter of this chapter, as to permitted
use of a building or land, the Board of Appeals shall have the authority
to vary the use regulations so that the spirit of the chapter shall
be observed. No use variance shall be granted by the Board, however,
until it finds that all of the following conditions apply:
[1]
Economic return: The building or land in question
cannot yield a reasonable economic return if used only for a purpose
permitted in the district. Proof of a more profitable return if the
variance is granted is not, in itself, evidence of hardship.
[2]
Unique circumstances: Unique circumstances exist
for the building or land in question which are not generally found
throughout the district and which deprive the applicant of the reasonable
use of such building or land.
[3]
Neighborhood character: Granting the variance
will be in harmony with the spirit and intent of this chapter and
will not alter the essential character or quality of the neighborhood,
endanger public health or safety or substantially diminish or impair
property values in the neighborhood.
(b)
The granting of a use variance does not relieve
the applicant of the responsibility for meeting the area requirements
for uses permitted in the district. In granting any use variance the
Board shall prescribe any conditions that it deems necessary or desirable.
(4)
Area variance.
(a)
Where there are practical difficulties or special
conditions which make regulations governing the lot size, yard size,
building height and other area regulations not specifically related
to the use of land or buildings unreasonable or impossible to comply
with, the Board of Appeals shall have the authority to vary or modify
such regulations as long as the spirit of the regulation to be altered
is observed. In granting an area variance the Board shall find:
[1]
Economic injury: The owner of the property is
experiencing financial hardship or significant economic injury because
of such regulations.
[2]
Reasonable objective: The applicant's intended
objective is reasonable and there is no way to accomplish such objective
if the area regulations specified in this chapter are strictly observed.
[3]
Neighborhood character: The variance requested
will not be unduly detrimental to adjoining properties and will not
alter the essential character of the neighborhood.
[4]
Minimum relief: The variance requested is the
minimum necessary to grant relief.
[5]
Not self-created: The problem to be solved by
granting the variance is not self-created by the applicant.
(b)
Proof of the ability to improve access to solar
radiation for energy uses may be grounds for granting an area variance.
In granting any area variance, the Board shall prescribe any conditions
that it deems necessary or desirable.
B.
Environmental review. Before acting on a variance,
the Board of Appeals shall determine whether the requested variance
could have a significant environmental impact. In addressing environmental
impact considerations, the Board shall be guided by the provisions
of Part 617 of the regulations of the New York State Department of
Environmental Conservation and any local law enacted pursuant thereto.
A.
Application. The Board of Appeals shall act in strict
accordance with the procedure specified by § 7-712 of Village
Law and by this chapter. All appeals and applications made to the
Board shall be in writing, on forms prescribed by the Board, and available
from the Zoning Enforcement Officer. Every appeal or application shall
refer to the specific provisions of the chapter involved and shall
exactly set forth the interpretation that is claimed, the use for
which the special permit is sought or the details of the variance
that is applied for and the grounds on which it is claimed that the
variance should be granted, as the case may be.
B.
Public hearing.
(1)
The Board shall fix a reasonable time for the hearings
of appeals and shall give due notice of the time set for the hearing
for the applicant. Such notice shall be mailed to or served upon the
applicant. Public notice shall be by the publication of a notice in
the official newspaper of the Village and shall briefly describe the
nature of the appeal and the time and place of the hearing.
(2)
The applicant shall, at least seven days prior to
the date of the hearing, give notice, in writing, as follows:
(a)
For a use variance, by certified mail or by
service in person, with adequate proof of contact thereof to all property
owners within 300 feet of the property to be affected by said appeal.
(b)
For all other appeals, by mail or by service
in person, with adequate proof of contact thereof to all property
owners adjacent to the property to be affected by said appeal.
(c)
For all appeals, to the Clerk of the Town of
Sullivan.
C.
Referral to Village Planning Board. At least 30 days
before the date of the hearing on an application or appeal for a use
variance, the Board of Appeals shall transmit a copy of the notice
of such hearing to the Village Planning Board and shall request an
advisory report thereon prior to the date of such hearing. Failure
to submit a report to the Board of Appeals prior to the hearing shall
constitute approval of said application or appeal by the Planning
Board.
D.
Referral to County Planning Board. Before final action
is taken on any use variance or special permit affecting real property
lying within a distance of 500 feet from the boundary of any adjacent
town or from the boundary of any existing or proposed county or state
park or other recreation area or from the right-of-way of any existing
or proposed county or state road or highway or from the existing or
proposed right-of-way of any stream or drainage channel owned by the
county or for which the county has established channel lines or from
the existing or proposed boundary of any county- or state-owned land
on which a public building or institution is situated, such matter
shall be referred to the Madison County Planning Board for report
and recommendation. If the County Planning Board fails to make such
report within 30 days after receipt of the referred matter, the Board
of Appeals or Planning Board, as appropriate, may act without such
report. If the County Planning Board disapproves the proposal or recommends
modification thereof, the Board of Appeals or Planning Board may act
contrary to such disapproval or recommendation only by a vote of a
majority plus one of all the members thereof. The Board of Appeals
or Planning Board shall file a report of its action with the County
Planning Board within seven days after such action is taken.
The office of the Village Clerk shall be the
office of the Board of Appeals, and every rule, regulation, amendment
or repeal thereof and every order, requirement, decision or determination
of the Board shall immediately be filed in said office as required
by § 7-712 of the Village Law of the State of New York.
Any officer, department, board or bureau of
the Village, with the approval of the Village Board, or any person
or persons aggrieved by any decision of the Board of Appeals may apply
for relief by a proceeding under Article 78 of the Civil Practice
Law and Rules.
