[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.