[HISTORY: Adopted by the Zoning Board of Appeals of the Town of Lloyd 4-9-1987.
Amendments noted where applicable.]
The Zoning Board of Appeals shall be governed by and have all the powers
prescribed by all applicable state statutes (Article 16, Town Law), local
laws, ordinances and these rules.
As used in these rules, the following terms shall have the meanings
indicated:
The duly appointed Zoning Board of Appeals of the Town of Lloyd.
A.
The officers of the Board are the Chairman and Acting
Chairman and Secretary, if said Secretary is a member of the Board.
B.
The Chairman will be designated by the Town Board. He
shall perform all duties required by law, ordinance and these
rules. He shall preside at all meetings of the Board. The Chairman will decide
on all points of order, subject to these rules, unless directed otherwise
by a majority of the Board. The Chairman shall appoint any committee found
necessary to carry oaths and compel the attendance of the witnesses as necessary
to carry out the business of the Board. The Chairman's signature shall be
the official signature of the Board and shall appear on all decisions as directed
by the Board.
C.
The Acting Chairman shall be appointed by the Board to
serve in the absence of the Chairman. He shall have all the powers of the
Chairman during his absence, disability or disqualification. The term of office
will be one year starting in January.
D.
The Secretary will be appointed by the Board and need
not be a member of the Board. The Secretary, subject to the direction of the
Board and the Chairman, shall keep minutes of all Board proceedings, showing
the vote of each member upon each question or, if absent or failing to vote,
indicating such fact, and shall also keep records of all Board examinations
and other official actions. The term of the appointment is at the pleasure
of the Board.
E.
Should a vacancy occur on the Board for any reason, the
Secretary shall give immediate notice thereof to the Town Clerk for the Town
Board, specifying the position vacated.
F.
The Board may fill the unexpired term of Acting Chairman
or appoint a Secretary at any meeting.
A.
All meetings of the Board will be held at the call of
the Chairman or within 10 days of receipt of a written request from a majority
of the Board.
B.
At least 48 hours' notice of the time, place and business
of the meeting shall be given each member of the Board.
C.
D.
Executive meetings may precede or follow regular or special
meetings or be held at any time convenient to the Board. The Board may deliberate
on any matter. However, any official action taken by the Board shall be entered
in the minutes as a matter of public record.
E.
After approval, minutes of all meetings will be filed
with the Town Clerk.
A.
A quorum shall consist of a majority of the Board.
B.
Any vote of less than a majority of the Board shall be
reheard.
C.
No hearing or meeting of the Board shall be held, nor
any action taken, in the absence of a quorum. This pertains to all public
hearings and meetings. All subsequent hearings shall be readvertised in accordance
with the requirements of the applicable law. Readvertising expenses incurred
due to the lack of a quorum will be borne by the Board.
D.
All matters shall be decided by a roll-call vote.
E.
No member of the Board shall sit in hearing or vote on
any matter in which he is personally or financially interested. Said member
shall not be counted by the Board in establishing the quorum for such matter.
F.
No member shall vote on the determination of any matter
requiring public hearing unless he attended the public hearing thereon or
has familiarized himself with such matter by reading the record.
A.
The Board shall hear and decide appeals from and review
any order, requirement, decision or determination made by an administrative
official charged with the enforcement of any ordinance adopted pursuant to
Article 16 of the Town Law. It shall also hear and decide all matters referred
to it or upon which it is required to pass under any other law. Such appeal
may be taken by any person aggrieved or by any officer, department, board
or bureau of the Town.
B.
An appeal must be made within 30 days of the action of
the administrative official appealed from.
C.
D.
The applicant (appellant) must file the original copy
of the appeal form with the administrative official from whom the appeal is
taken. The Zoning Board of Appeals will provide the required number of copies
of the application and a single page map, provided that the map is no larger
than 8 1/2 inches by 11 inches. Seven copies of all other supporting
documents and seven copies of any map larger than 8 1/2 inches by 11
inches must be provided by the applicant.
E.
Such notice shall be made on the form provided for that
purpose. The administrative official from whom the appeal is taken shall be
responsible for providing any applicant with the proper forms, upon request,
and for instructing the parties concerned on the proper manner for completing
and filing said forms. All information required thereon shall be complete
before an appeal is considered filed. All supporting documentation must be
submitted with the application before an appeal is considered filed.
F.
A schedule of fees that must accompany each application
to cover administrative and advertising costs is on file with the Town Clerk.
G.
Appeals may be amended 15 days prior to the public hearing
thereon.
H.
The applicant, Zoning Inspector, Planning Board Chairman,
Town Clerk and persons listed as affected parties on the appeal application
will be notified by mail at least five days prior to the hearing.
A.
Where empowered by Chapter 100, Zoning, or any other law, the Board shall hear and decide on all applications for special permits.
B.
A special permit, when approved by the Board, shall authorize
only one particular special use.
D.
Such notice shall be made on the form provided for that
purpose. The Zoning Inspector shall be responsible for providing the applicant
with the proper forms, upon request, and for instructing the parties concerned
on the proper manner for completing and filing said forms. All information
required thereon shall be complete before the application is considered filed.
E.
A schedule of fees for filing each application is on
file with the Town Clerk.
F.
The application may be amended 15 days prior to the public
hearing thereon.
G.
The applicant, Zoning Inspector, Planning Board Chairman,
Town Clerk and persons listed as affected parties on the application will
be notified by mail at least five days prior to the hearing.
A.
The Board shall schedule a hearing on all appeals or
applications within 90 days of the filing of the appeal or application.
B.
The Board shall give five days' notice, by publication
in the official newspaper, for zoning appeals and special permits.
C.
The Board shall give 10 days' notice, by publication
in the official newspaper, for appeals from the Town Official Map and/or the
County Official Map.
D.
The order of business during the hearing (reference § A107-4C) shall be as follows:
(1)
Roll call.
(2)
The Chairman reads a statement of the case and reads
all correspondence and reports received thereon.
(3)
The applicant shall present his case.
(4)
Those opposed shall present their arguments.
(5)
Rebuttal by both sides, (Note: No debating of a point
or question is allowed. No witness may question another witness, but he may
make the request of the Chairman.)
(6)
At his discretion, the Chairman establishes a time limit
to hear all parties. The minimum time limit is set at three minutes for each
party to be heard.
(7)
Additional cases.
(8)
Adjournment of hearings.
E.
Any party may appear in person or by agent or by attorney.
Said agent or attorney must be stated on the application. Upon request of
the Board, the applicant, if represented by agent or attorney, or any party
of interest, must appear.
F.
The Chairman may administer oaths and compel the attendance
of witnesses.
G.
Upon motion initiated by any member and adopted by unanimous
vote of the members present, but not less than a majority of all the members
of the Board, the Board shall review at a rehearing any order, decision or
determination of the Board not previously reviewed. Notice shall be given
as upon an original hearing. Upon such rehearing, and provided that it shall
appear that no vested rights due to reliance on the original order, decision
or determination will be prejudiced thereby, the Board may, upon the concurrence
of all the members present, reverse, modify or annul its original order, decision
or determination.
H.
An application for a rehearing may be made in the same
manner as provided for the original hearing. The application for rehearing
may be denied by the Board if from the record it shall appear that there has
been no substantial change in facts, evidence or conditions.
A.
All matters requiring referral as specified under Article
16 of the Town Law or § 239-m of the General Municipal Law shall
be so referred to the proper Town or county agency for its recommendations.
B.
Generally, any variance or special permit affecting real
property within 500 feet of the boundary of any municipality, county or state
park, recreation area, thruway, highway, parkway, road or county- or state-owned
lands on which a public building or institution is located or county-owned
streams or drainage channels requires referral to the County Planning Board.
C.
Within 30 days after receipt of a full statement of such
referred matter, said agency shall report its recommendations thereon to the
Board with a full statement of the reasons for such recommendations.
D.
Actions contrary to recommendations.
(1)
If said agency disapproves the proposal or recommends
modification thereof, the Board shall not act contrary to such disapproval
or recommendation except after the adoption of a resolution fully setting
forth the reasons for such contrary action and obtaining the following affirmative
vote:
(2)
In addition, the Chairman shall read the report of said
agency at the public hearing on the matter under review prior to voting on
the matter.
E.
If said agency fails to report back on the matter referred
within 30 days or such longer period agreed upon with the Board, the Board
may act without such report.
F.
The Chairman shall, in all matters requiring referral
to the Town Planning Board, direct an applicant to notify the Secretary of
the status of said referral within 60 days of the initial hearing and ask
to be put on the agenda. Notification to the Secretary shall be made on or
before the first Monday of the month when the meeting is to be held.
A.
General.
(1)
Decisions by the Board shall be made not later than 60
days from the date of the final hearing. The term "decision" includes any
order or determination made by the Board or special permit issued by the Board.
(2)
The final decision on any matter before the Board shall
be made by written order signed by the Chairman. Such decision shall state
the findings of fact which were the basis for the Board's determination.
(3)
The decision shall state any conditions, safeguards or
restrictions necessary to protect the public interest.
(4)
The Board, in reaching said decision, shall be guided
by standards specified in the applicable ordinance, community goals, policies
specified in a Comprehensive Plan,
if any, and by the findings of the Board in each case.
(5)
The findings of the Board and the supporting facts shall
be spelled out in detail regardless of whether it is based on evidence submitted
or on the personal knowledge of the Board. The Board should show that it has
made an intelligent review, considered all the information, heard all the
parties, taken all evidence into account and made a personal inspection of
the parcel in question and has ascertained certain findings from this examination.
(6)
Unless otherwise specified, any order or decision of
the Board or special permit issued by the Board for a permitted use shall
expire if a building or occupancy permit for the use is not obtained from
the Zoning Inspector by the applicant within 180 days from the date of the
decision. However, the Board may extend this time an additional 180 days by
a majority vote.
(7)
After a rehearing, other than one based on a substantial change in conditions, the original order may be changed only by a concurring vote of all the members then present, but not less than a majority of the Board, and in conformance with § A107-8G of these regulations.
(8)
When the Zoning Board of Appeals denies an application
for a variance, interpretation or special permit based on a procedural need
to clear the calendar in favor of a ninety-day decision limit and when the
denial is not based on the merit of that application, the applicant may reapply
in the future, will pay the fee and will be reheard upon a unanimous vote
of the members then present, but no less than a majority; however, the variance,
interpretation or special permit may be granted by a majority of the members
then present.
(9)
Decisions of the Board shall be filed in the office of
the Town Clerk and shall be a public record. The date of filing of each decision
shall be entered in the official records and minutes of the Board.
(10)
Copies of the decision shall be forwarded to the applicant,
the Planning Board Chairman and the County Planning Agency, if a referral
to said agency was required.
B.
Appeals.
(1)
The Board shall make the following findings prior to granting a variance for relief from the strict application of Chapter 100, Zoning. The Board shall find that:
(a)
Strict application of the ordinance would provide undue
hardship and that the hardship is not self-created.
(b)
The hardship is unique and is not shared by all properties
alike in the immediate vicinity of the property and in the use district.
(c)
The variance would observe the spirit of the ordinance
and would not change the character of the district.
(d)
The variance would observe the intent of the Comprehensive
Plan, if any.
(e)
The variance is the minimum necessary to grant relief.
(2)
When the variance requested is an area variance (a request
for a variance from required setback, yard, height or area regulations), the
Board may grant such variance upon finding that:
(3)
The Board may reverse or affirm, wholly or partly, or
may modify the order or requirement of the administrative official appealed
from.
(4)
The Board shall not change the permitted uses in the
several districts.
A.
Upon adoption of these rules by the Board, the Secretary
shall file a copy with the Town Clerk, and they shall be a public record.
B.
Adoption of these rules and subsequent revisions or amendments
shall be effected by a statement, included in or attached to said rules, revisions
or amendments. The statement shall include the effective date agreed upon
by the Board, the Chairman's signature and the date the rules were voted on.
C.
The rules may be amended by an affirmative vote of not
less than a majority of the Board plus one, provided that such amendment be
presented in written form at a regular or special meeting, either public or
executive, held at least five days prior to the date of the meeting at which
the vote is taken. A quorum of the Board must be present at the meeting at
which the amendments are presented. Members not in attendance shall have copies
mailed or delivered to them.
D.
The statement "may be amended" includes any changes,
revisions or amendments to these rules, including a complete rewrite.
