[Amended 2-14-2002 by L.L. No. 1-2002; 9-9-2004 by L.L. No.
2-2004]
A.
The Town Board authorizes the appointment of a seven-member
Zoning Board of Appeals pursuant to § 267 of New York State
Town Law. The members of the Zoning Board of Appeals shall be appointed
by the Town Board for terms of seven years. Terms of all Zoning Board
of Appeals members shall be staggered as required by law. If a vacancy
shall occur otherwise than by expiration of term, the Town Board shall
appoint the new member for the unexpired term. The Town Board shall
also appoint the Chairperson of the Zoning Board of Appeals. In the
absence of a Chairperson, the Zoning Board of Appeals may designate
a member to serve as Acting Chairperson.
B.
Two alternate members of the Zoning Board of Appeals
may be appointed by the Town Board for terms of five years. All provisions
of state law relating to Zoning Board of Appeals member eligibility,
vacancy in office, removal, compatibility in office and service on
other boards, as well as any provisions of any local law or ordinance
relating to training, continuing education, compensation and attendance
shall also apply to the alternate members of the Zoning Board of Appeals.
C.
The Chairperson of the Zoning Board of Appeals may
designate an alternate member of the Zoning Board of Appeals to serve
when necessary, and only so long as necessary, to obtain or maintain
a quorum of such Board or when a member is unable to participate due
to a conflict of interest. Such designation and its expiration shall
be entered into the minutes of the Zoning Board of Appeals. When so
designated, the alternate member of the Zoning Board of Appeals shall
possess all the powers and responsibilities of a member of such Board.
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 member may be removed for noncompliance with
the minimum requirements relating to meeting attendance and training
as established by the Town Board by local law or ordinance.
A.
The Zoning Board of Appeals may adopt rules or bylaws
for its operations, and may amend such rules and bylaws from time
to time as deemed appropriate and necessary by such Board.
B.
The Town Board shall provide an appropriation to the
Zoning Board of Appeals to cover necessary expenses, including the
means for the Zoning Board of Appeals to maintain a written record
of its meetings and public hearings.
C.
The Town Board may require Zoning Board of Appeals
members to complete training and continuing education courses in accordance
with any local requirements for the training of such members and may
reimburse Zoning Board of Appeals members for appropriate expenses
incurred in obtaining such training or continuing education.
A.
The Zoning Board of Appeals shall hold regularly scheduled
monthly meetings, provided there are meeting agenda items for Zoning
Board of Appeals consideration, and the Board may hold special meetings,
from time to time as needed, at the call of the Chairperson or at
the request of four or more members.
B.
The presence of four members shall constitute a quorum
for conducting business before the Zoning Board of Appeals, including
acting on a zoning appeal, application for special use permit or deciding
upon any other matter brought before the Board, unless otherwise stipulated
in this chapter.
C.
All votes of the Zoning Board of Appeals shall be taken by roll call. Zoning Board of Appeals decisions on matters not referred to the County Planning Board shall be by simple majority vote (three) of the full membership. On a matter referred to the County Planning Board, voting shall be in accord with § 150-74 of this chapter.
D.
In accordance with Article 4, § 74, Subdivision
2, of the Public Officers Law, a member of the Zoning Board of Appeals
having a conflict of interest shall abstain from any discussion or
voting on that matter.
E.
The Zoning Board of Appeals may request and obtain
any advice or opinions on the law relating to any matter before the
Board from the Town Attorney or special counsel, and may require the
Town Attorney to attend its meetings.
F.
The Zoning Board of Appeals may require the Zoning
Enforcement Officer to attend its meetings to present any facts relating
to any matter before the Board.
G.
All meetings of the Zoning Board of Appeals shall
be open to the public.
H.
The Secretary to the Zoning Board of Appeals shall
make a factual record of all its proceedings, including the reading
of the cases, public hearings, deliberations, voting and decisions.
These factual records shall be taken by stenographic and/or tape recorder
means and shall be accurately transcribed into a narrative form, but
not necessarily a verbatim transcript.
A.
Appeals from actions and decisions of Zoning Enforcement
Officer. The Zoning Board of Appeals shall have appellate jurisdiction
with regard to hearing and deciding appeals from and reviewing any
order, requirement, decision, interpretation or determination made
by the Zoning Enforcement Officer. The Zoning Board of Appeals shall
decide any question involving the interpretation of such provisions
as more fully described in this section. Where a proposed special
use permit contains one or more features which do not comply with
the Town's Zoning Law, application may be made for an area variance
without the necessity of an order, requirement, decision, interpretation
or determination by the Zoning Enforcement Officer.[1]
[1]
Editor's Note: Former Subsection B, regarding granting special
use permits, which immediately followed, was repealed 6-22-2023 by L.L. No. 3-2023.
A.
Reversing or affirming orders, requirements, decisions,
interpretations and determinations. The Zoning Board of Appeals may
reverse or affirm, wholly or partly, or may modify any order, requirement,
decision, interpretation, or determination appealed from, and shall
make such order, requirement, decision, interpretation, or determination
as in its opinion ought to have been made in the matter by the Zoning
Enforcement Officer and to that end shall have all the powers of the
Zoning Enforcement Officer.
B.
Granting area or dimensional variances.
(1)
The Zoning Board of Appeals shall have the power,
on appeal from a decision or determination of the Zoning Enforcement
Officer, to grant area variances as defined herein. In making its
determination, the Zoning Board of Appeals shall take into consideration
the benefit to the applicant if the variance is granted, as weighed
against the detriment to the health, safety and welfare of the neighborhood
or community by such grant. In making such determination, the Zoning
Board of Appeals shall also consider:
(a)
Whether an undesirable change will be produced
in the character of the neighborhood or a detriment to nearby properties
will be created by the granting of the area variance;
(b)
Whether the benefit sought by the applicant
can be achieved by some method, feasible for the applicant to pursue,
other than an area variance;
(c)
Whether the requested area variance is substantial;
(d)
Whether the proposed variance will have an adverse
effect or impact on the physical or environmental conditions in the
neighborhood or district; and
(e)
Whether the alleged difficulty was self-created.
(2)
The Zoning Board of Appeals, in the granting of area
variances, shall grant the minimum variance that it shall deem necessary
and adequate and at the same time preserve and protect the character
of the neighborhood and the health, safety and welfare of the community.
(3)
The Zoning Board of Appeals shall, in the granting
of an area variance, have the authority to impose such reasonable
conditions and restrictions as are directly related to and incidental
to the proposed use of the property. Such condition shall be consistent
with the spirit and intent of this chapter, and shall be imposed for
the purpose of minimizing any adverse impact such variance may have
on the neighborhood or community.
C.
Granting use variances.
(1)
The Zoning Board of Appeals, on appeal from the decision
or determination of the Zoning Enforcement Officer, shall have the
power to grant use variances as defined herein.
(2)
No such use variance shall be granted by the Zoning
Board of Appeals without a showing by the applicant that applicable
zoning regulations and restrictions have caused unnecessary hardship.
In order to prove such unnecessary hardship, the applicant shall demonstrate
to the Zoning Board of Appeals that:
(a)
Under applicable zoning regulations the applicant
is deprived of all economic use or benefit from the property in question,
which deprivation must be established by competent financial evidence;
(b)
The alleged hardship relating to the property
in question is unique, and does not apply to a substantial portion
of the district or neighborhood;
(c)
The requested use variance, if granted, will
not alter the essential character of the neighborhood; and
(d)
The alleged hardship has not been self-created.
(3)
The Zoning Board of Appeals, in the granting of use
variances, shall grant the minimum variance that it shall deem necessary
and adequate to address the unnecessary hardship proven by the applicant
and at the same time preserve and protect the character of the neighborhood
and the health, safety and welfare of the community. If the review
of an agricultural data statement was required pursuant to Article
25-AA, § 305-a, of the New York State Agriculture and Markets
Law, the Zoning Board of Appeals shall evaluate and consider the agricultural
data statement in its review of the possible impacts on the functioning
of farm operations in the agricultural district.
(4)
The Zoning Board of Appeals shall, in the granting
of a use variance, have the authority to impose such reasonable conditions
and restrictions as are directly related to and incidental to the
proposed use of the property, and/or the period of time such variance
shall be in effect. Such condition shall be consistent with the spirit
and intent of the zoning regulations contained in this chapter and
shall be imposed for the purpose of minimizing any adverse impact
such variance may have on the neighborhood or community.
D.
Procedures for processing zoning appeal.
(1)
Each order, requirement, decision, interpretation or determination of the Zoning Enforcement Officer shall be filed in the office of the Town Clerk within five business days from the day it is rendered. An appeal shall be taken within 60 days after the filing of any order, requirement, decisions interpretation or determination of the Zoning Enforcement Officer and shall be filed at least 10 days prior to the scheduled meeting of the Zoning Board of Appeals. All appeals shall be in writing, on forms established by the Zoning Board of Appeals, which shall be available from the Zoning Enforcement Officer and shall specify the grounds for the appeal and the relief sought. Any appeal for an area variance shall be accompanied by a site plan prepared in accord with the site plan requirements specified in § 150-72 of this chapter. Any appeal for a use variance for property within an Agricultural District containing a farm operation or for property with boundaries within 500 feet of a farm operation located in an Agricultural District, shall include an agricultural data statement with the application. If an agricultural data statement is required, the Zoning Board of Appeals shall mail, via registered mail, written notice of such application to the owners of land as identified by the applicant in the agricultural data statement. Such notice shall include a description of the proposed project and its location, and may be sent in conjunction with any other notice required by state or local law, ordinance, rule or regulation for the said project. The cost of mailing said notice shall be borne by the applicant.
(2)
Every appeal shall refer to the specific provision of the Zoning Chapter involved and establish the details of why the order, requirement, decision, interpretation and/or determination of the Zoning Enforcement Officer should be reversed or why a variance should be granted and shall address the considerations described in Subsection C(2) of this section if the appeal is for a variance.
(3)
Upon receipt of the completed appeal form and the
agricultural data statement, if required, the Zoning Board of Appeals
shall:
(a)
Schedule a public hearing.
(b)
Arrange for publication of notice of the public hearing as described in Subsection E of this section.
(c)
Refer the application to the County Planning
Board in accord with Article 12-B, § 239-m, of the New York
State General Municipal Law, if the subject property is within 500
feet of the boundary of any county, town, village, existing or proposed
county or state park, any right-of-way of any county or state road
or parkway, any stream or canal owned by the county, and existing
or proposed county- or state-owned land on which a public building
or institution is situated.
(d)
Determine whether a draft environmental impact
statement should be required.
(4)
Within 62 days following the public hearing, the Zoning
Board of Appeals shall render a decision or, if the parties have agreed
to a time extension, within such time extension.
E.
Public hearing and Zoning Board of Appeals decision.
(1)
Public hearings shall be scheduled within 62 days
from the date that the Zoning Board of Appeals receives the appeal.
Any such appeal shall be deemed received when the appeal is first
presented at a duly called meeting of the Zoning Board of Appeals.
Notice of the public hearing shall be published in the official newspaper
of the Town at least five days prior to the hearing. Such notice shall
briefly describe the nature of the appeal and the time and place of
the hearing. The cost of publication of the public hearing notice
shall be borne by the appealing party. If the matter has been referred
to the Cayuga County Planning Board pursuant to Article 12-B, § 239-m,
of the New York State General Municipal Law, a notice of the public
hearing shall also be mailed to the Cayuga County Planning Board at
least five days prior to such hearing along with the full statement
of such action as defined in Article 12-B, § 239-m, of the
New York State General Municipal Law.
(2)
A copy of the public notice may be sent to adjacent
property owners within the Town, but failure to send such notice shall
not affect the jurisdiction of the Zoning Board of Appeals or the
legality of the decision of the Zoning Board of Appeals. The cost
of mailing said notice shall be borne by the appealing party.
(3)
The Secretary to the Zoning Board of Appeals shall
make a factual record of the public hearing. Public records shall
be taken by stenographic and/or tape recorder means and shall be transcribed
accurately into a narrative form which may or may not be a verbatim
transcript.
(4)
The decision of the Board of Appeals shall be filed
in the office of the Town Clerk within five business days after the
day such decision is rendered, and a copy thereof mailed to the applicant.
If the matter was referred to the County Planning Board, a copy of
the Zoning Board of Appeals findings and decision shall be sent to
the County Planning Board.
[1]
Editor's Note: Former § 150-62, Special use permit
procedure, § 150-63, Findings for special use permit decisions,
§ 150-64, Special use permit approval/disapproval, and § 150-65,
Maintenance of special use permit conditions, were repealed 6-22-2023 by L.L. No. 3-2023.
Appeals and applications before the Board of
Appeals shall be accompanied by a payment to the Town in accordance
with a fee schedule adopted by resolution by the Town Board, and such
schedules may be amended from time to time by resolution of the Town
Board.
