Town of Livonia, NY Article III Boards and Commissions

§ 150-15 Creation, appointment and organization of Joint Zoning Board of Appeals.

A. A Joint Zoning Board of Appeals, pursuant to General Municipal Law Articles 5-G and 5-J, is hereby created by the Village and Town of Livonia.

B. The Joint Zoning Board of Appeals shall consist of five members who shall be appointed and serve in the following manner. The governing board of the Town of Livonia shall appoint three members of the Joint Zoning Board of Appeals, one member to be appointed for a one-year term, one member to be appointed for a three-year term and one member to be appointed for a five-year term. The Mayor of the Village of Livonia, subject to the approval of the Board of Trustees of the Village of Livonia, shall appoint two members of the Joint Zoning Board of Appeals, one member to be appointed for a two-year term and one member to be appointed for a four-year term. Upon the expiration of the term of a member of the Joint Zoning Board of Appeals, that person or body which appointed the incumbent to the expiring term shall appoint his or her successor to a full five-year term. If a vacancy occurs other than by expiration of a term of office, that person or body which appointed the member who filled such office prior to the vacancy occurring shall appoint a successor for the balance of the term.

C. The Livonia Village Board of Trustees and the Town Board of the Town of Livonia shall annually and jointly select the Chairperson for the Joint Zoning Board of Appeals from the membership thereof. In the absence of such selection by the governing boards, such joint board may select one of its members to serve as Chair.

§ 150-16 Minimum requirements for Joint Zoning Board of Appeals members.

A. Training. Each Board member is required to complete three hours of training per calendar year for a total of 15 hours of training during each five-year term. At the discretion of the remaining members of the Joint Zoning Board of Appeals, failure to comply with this requirement may be grounds for removal from the Board.

B. Attendance. Each Board member shall be required to attend 75% of the scheduled meetings in each calendar year. At the discretion of the remaining members of the Joint Zoning Board of Appeals, failure to attend the required number of meetings without good cause may be grounds for removal from the Board. In addition, failure to attend three consecutive meetings without good cause may be grounds for removal from the Board.

§ 150-17 Powers and duties of Joint Zoning Board of Appeals.

The Joint Zoning Board of Appeals shall have all the powers and duties prescribed by § 267-b of the Town Law and § 7-712-b of Village Law of the State of New York and by this chapter. These powers and duties are more particularly specified as follows:

A. Interpretation. Upon appeal from a decision by an administrative official, to decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary if there is uncertainty with respect thereto.

B. Conditional use permits. To hear and decide upon application for such permits as specified in this chapter. A permit for any conditional permit use shall be granted only if evidence is presented which establishes that:

(1) The proposed building or use will be in harmony with the general purpose, goals, objectives and standards of the Comprehensive Plan, this chapter and, where applicable, Chapter 125, Subdivision of Land.

(2) The proposed building or hours of operation or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities and other matters affecting the public health, safety and general welfare.

(3) The proposed building or use will be constructed, arranged and operated so as not to dominate the immediate vicinity or to interfere with the development and use of neighboring property in accordance with the applicable district regulations.

(4) The proposed building or use will be adequately served by essential public facilities and services.

(5) The proposed building or use complies with all additional standards imposed on it by the particular provision of this chapter authorizing such use.

(6) All steps possible have been taken to minimize any adverse effects of the proposed building or use on the immediate vicinity through building design, site design, landscaping and screening.

(7) If appropriate, a performance bond or other suitable financial guaranty has been provided to assure compliance with the conditions of the conditional use permit.

C. Variances. When, in its judgment, the public safety, convenience and welfare will be served, the Joint Zoning Board of Appeals may vary or modify the application of the regulations or provisions of this chapter relating to the use, construction or alteration of structures or use of the land. In such cases, the Board is empowered to grant exceptions in harmony with the general purpose and intent of this chapter. Variances will be granted in appropriate and specific cases only after public notice and hearing and subject to such appropriate conditions and safeguards the Joint Zoning Board of Appeals may impose.

(1) As used in this chapter, a variance is authorized for height, area, size of structure, size of yards and open spaces or for establishment or expansion of a use otherwise not allowed. A variance shall not be granted solely because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district.

(2) Variance procedures.

(a) An application for the approval of a variance shall be made by an owner of an interest in the lot to the Building and Zoning Department on forms available therefrom, accompanied by the necessary fees and documents as provided in this chapter and the regulations issued hereunder.

(b) The application shall be accompanied by a map drawn to an appropriate scale and showing all existing and proposed characteristics of the site and adjacent properties necessary for consideration of the variance request. For applications where site plan approval is also required, a preliminary site plan in accordance with Article XIV of this chapter shall be required.

(c) An application for a use variance in or within 500 feet of an agricultural operation in a county agricultural district shall be accompanied by an agricultural data statement.

(d) The application for a use variance shall be accompanied by an affidavit by the applicant explaining that application of zoning regulations has caused unnecessary hardship. For a use variance, the affidavit must prove each of the following:

[1] That the applicant cannot realize a reasonable return, provided that lack of return is substantial, as demonstrated by competent financial evidence.

[2] That the alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood.

[3] That the requested use variance, if granted, will not alter the essential character of the neighborhood.

[4] That the alleged hardship has not been self-created.

(e) An application for an area variance shall be accompanied by a narrative answering the following:

[1] Whether granting such variance has the potential to produce undesirable change in the character of the neighborhood or a detriment to nearby properties.

[2] Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance.

[3] Whether the requested area variance is substantial.

[4] Whether the proposed variance could have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.

[5] Whether the alleged difficulty was self-created.

(f) The Joint Zoning Board of Appeals shall fix a time and place for a public hearing thereon and shall provide for the giving of notice as follows:

[1] A notice shall be published in the official newspaper of the Town or Village at least five days prior to the date thereof.

[2] The Building and Zoning Department shall mail a copy of such notice thereof to the applicant and a copy of such notice to all agencies, municipalities, authorities, etc., as prescribed in § 267-a of the Town Law, § 7-712-a of Village Law and § 239-n of the General Municipal Law.

[3] The applicant shall be required to erect a sign or signs giving notice of such public hearing and the purpose thereof, which sign(s) shall be prominently displayed on the premises facing each public street or road on which the property abuts. The sign(s) shall be furnished to the applicant for this purpose by the Building and Zoning Department and shall be set back 15 feet from the property line and shall not be less than two feet nor more than six feet above the grade at said property line. Said sign shall be displayed for a period of not less than 10 days immediately preceding the public hearing date or any adjournment date thereof. The applicant shall file with the Building and Zoning Department, prior to the public hearing, an affidavit regarding compliance with the provisions of this section and that the sign(s) will be removed from the premises and returned to the Building and Zoning Department within three days after such public hearing is held. The Building and Zoning Department shall collect from the applicant a fee as currently fixed by the appropriate governing board, as a deposit per sign, which sum shall be refunded to the applicant upon the return of said sign in good condition.

(g) The Board shall approve, with or without conditions, or disapprove the application within 62 days of the public hearing, as specified in § 267-a of Town Law and § 7-712-a of the Village Law, and shall communicate its action, in writing, to the applicant and to the Code Enforcement Officer within one week of the time of the meeting at which it decided upon the application. When applicable, compliance shall be required in accordance with the provisions of §§ 239-m and 239-n of the General Municipal Law.

(h) The Code Enforcement Officer shall, upon receipt of the notice of approval and upon application by the applicant, collect all required fees and issue a building permit or such other approval permitting the variance, subject to all conditions imposed by such approval.

§ 150-18 Creation, appointment and organization of Joint Planning Board.

A. A Joint Planning Board, pursuant to General Municipal Law Articles 5-G and 5-J, is hereby created by the governing boards of the Town and Village of Livonia.

B. Said Board shall consist of seven members who shall be appointed and serve in the following manner. The governing board of the Town of Livonia shall appoint four members of the Joint Planning Board, one member to be appointed for a one-year term, one member to be appointed for a three-year term, one member to be appointed for a five-year term and one member to be appointed for a seven-year term. The Mayor of the Village of Livonia, subject to the approval of the Board of Trustees of the Village of Livonia, shall appoint three members of the Joint Planning Board, one member to be appointed for a two-year term and one member to be appointed for a four-year term and one member to be appointed for a six-year term. Upon the expiration of the term of a member of the Joint Planning Board, that person or body which appointed the incumbent to the expiring term shall appoint his or her successor to a full seven-year term. If a vacancy occurs other than by expiration of a term of office, that person or body which appointed the member who filled such office prior to the vacancy occurring shall appoint a successor for the balance of the term.

C. The Livonia Village Board of Trustees and the governing board of the Town of Livonia shall annually and jointly select the Chairperson for the Joint Planning Board from the membership thereof. In the absence of such selection by the governing boards, such joint board may select one of its members to serve as Chair.

§ 150-19 Minimum requirements for Joint Planning Board members.

A. Training. Each Board member is required to complete three hours of training per calendar year for a total of 21 hours of training during each seven-year term. At the discretion of the remaining members of the Joint Planning Board, failure to comply with this requirement may be grounds for removal from the Board.

B. Attendance. Each Board member shall be required to attend 75% of the scheduled meetings in each calendar year. At the discretion of the remaining members of the Joint Planning Board, failure to attend the required number of meetings without good cause may be grounds for removal from the Board. In addition, failure to attend three consecutive meetings without good cause may be grounds for removal from the Board.

§ 150-20 Powers and duties of Joint Planning Board.

The Joint Planning Board shall have the powers and duties as specified below.

A. Plats. The Joint Planning Board will approve plats showing lots, blocks or sites, with or without streets or highways, and conditionally approve preliminary plats and pass and approve the development of plats already filed in the office of the Clerk of the County of Livingston if such plats are entirely or partially undeveloped.

B. Street changes. The Joint Planning Board will approve or disapprove changes in the lines of existing streets, highways or public areas shown on subdivision plats or maps filed in the office of the Clerk of said county and the laying out, closing off or abandonment of streets, highways or public areas under the provisions of the town or village highway laws.

C. Site plan. The Joint Planning Board will approve, approve with conditions or deny site plans in accordance with Article XIV of this chapter.

D. Conditional use permits. To hear and decide upon application for such permits as specified in this chapter. A permit for any conditional permit use shall be granted only if evidence is presented which establishes that:

(1) The proposed building or use will be in harmony with the general purpose, goals, objectives and standards of the Comprehensive Plan, this chapter and, where applicable, Chapter 125, Subdivision of Land.

(2) The proposed building, or hours of operation, or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities and other matters affecting the public health, safety and general welfare.

(3) The proposed building or use will be constructed, arranged and operated so as not to dominate the immediate vicinity or to interfere with the development and use of neighboring property in accordance with the applicable district regulations.

(4) The proposed building or use will be adequately served by essential public facilities and services.

(5) The proposed building or use complies with all additional standards imposed on it by the particular provision of this chapter authorizing such use.

(6) All steps possible have been taken to minimize any adverse effects of the proposed building or use on the immediate vicinity through building design, site design, landscaping and screening.

(7) If appropriate, a performance bond or other suitable financial guaranty has been provided to assure compliance with the conditions of the conditional use permit.

§ 150-21 Conflict with other laws.

Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or those imposing the higher standards shall govern.

§ 150-22 Amendments.

A. The regulations, restrictions, uses and boundaries provided in this chapter and the Official Map may be amended, supplemented, changed, modified or repealed in accordance with the provisions of §§ 264 and 265 of Article 16 of the Town Law for all property in the Town of Livonia outside the Village of Livonia and in accordance with §§ 7-706 and 7-708 of the Village Law for all property located within the Village of Livonia and all other applicable laws of the State of New York and in accordance with the following procedures.

B. Whenever any person, firm or corporation desires that any amendments or changes be made in this chapter, including the text and/or the Zoning Map, as to any property in Livonia, there shall be presented to the appropriate governing board a petition requesting such change or amendment. The petition shall clearly describe the property and its boundaries and shall indicate the existing zoning district and the requested zoning district. The petition shall also show existing highways, municipal boundary lines and state parks, if such exist, within 500 feet of the proposed zoning change. The petition shall also list the name and addresses of all property owners bordering the proposed change. A filing fee pursuant to regulations adopted by the governing board shall be paid at the time of filing the petition.

C. All such amendments shall be referred to the Joint Planning Board for review and recommendation.