Town of Mamakating, NY
Sullivan County
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Table of Contents
Table of Contents
A. 
Creation and membership. There is hereby established a Zoning Board of Appeals having the powers authorized under the Consolidated Laws of the State of New York. Said Board shall consist of five members, appointed by the Town Board. Appointments shall be in accordance with § 267, Article 16, of Chapter 62 of the Consolidated Laws of the State of New York. An appointment to a vacancy occurring prior to expiration of term shall be for the remainder of the unexpired term.
B. 
Organization and procedure. The Zoning Board of Appeals shall determine rules of conduct and procedure as prescribed by § 267, Article 16, of Chapter 62 of the Consolidated Laws of the State of New York.
[Amended 7-1-2014 by L.L. No. 7-2014[1]]
A. 
Hear and decide appeals and applications. The Zoning Board of Appeals shall have the power to hear and decide appeals where it is alleged that error or misinterpretation in any order, requirement, decision, grant or refusal was made by the Building Inspector or other administrative official in the carrying out or enforcement of the provisions of this chapter. The Zoning Board of Appeals shall also have all the powers, authority and responsibility of the former Village of Bloomingburg Zoning Board of Appeals to decide appeals and applications as set forth in an intermunicipal agreement, as may be amended, between the Town of Mamakating and the Village of Bloomingburg.
B. 
Approve special uses. The Zoning Board may authorize the Building Inspector to issue a building permit for a special use for which this chapter requires Zoning Board of Appeals approval. Such authorization shall follow proper notice, hearing and findings by the Board.
C. 
Grant use variances.
(1) 
The Zoning Board of Appeals, on appeal from the decision or determination of the administrative official charged with the enforcement of such ordinance or local law, shall have the power to grant use variances.
(2) 
No such use variance shall be granted by the Zoning Board of Appeals without a showing by the applicant that the applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant must demonstrate to the Board that for each and every permitted use under the zoning regulations for the particular district where the property is located:
(a) 
The applicant cannot realize a reasonable return, provided that lack of return is substantially as demonstrated 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, in granting 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.
D. 
Grant area (bulk) variances.
(1) 
The Zoning Board of Appeals shall have the power, upon appeal from a decision or determination of the administrative official charged with the enforcement of the zoning regulations, to grant area variances; provided, however, that application may be made to the Zoning Board of Appeals where a proposed special use permit or proposed site plan contains one or more features which do not comply with the zoning regulations without the necessity of a decision or determination of an administrative official charged with the enforcement of the zoning regulations.
(2) 
In making its determination, the Zoning Board shall take into consideration the benefit to the applicant if the variance is warranted, as weighed against the detriment to the health, safety, and welfare of the neighborhood or community by such grant. In making such determination, the Board 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, which consideration shall be relevant to the decision of the Zoning Board but shall not necessarily preclude the granting of the area variance.
(3) 
The Zoning Board, 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.
E. 
Imposition of conditions. The Zoning Board shall, in the granting of both use and area variances, have the authority to impose such reasonable conditions and restrictions as are directly related to or incidental to the proposed use of the property. Such conditions 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.
F. 
Permit building in bed of mapped streets. After due notice and hearing as provided for in the Consolidated Laws of the State of New York and in accordance with the provisions set forth therein, the Zoning Board may grant a permit for a building in the bed of a mapped street or highway shown upon the Official Map or plan of the Town of Mamakating, as it may be adopted and from time to time amended.
G. 
Interpret chapter. Upon appeal from a decision by the Building Inspector to decide any question involving the interpretation of any provision of this chapter and where uncertainty exists as to the boundaries of any zone district, the Zoning Board shall, upon written application or upon its own motion, determine the location of such boundaries of such districts as are established in § 199-3 hereof and as designated on the Zoning Map of the Town of Mamakating.
H. 
Authorize temporary uses. The Zoning Board of Appeals shall have the power to grant, after due notice and hearing, the temporary occupancy and use of a structure in any district for a purpose that does not conform to the district requirements, provided that such occupancy and use are truly of a temporary nature and subject to any reasonable conditions and safeguards which the Zoning Board may impose to minimize any injurious effect upon the neighborhood or to protect contiguous property. The approval of the Zoning Board and any permit based thereon for such temporary occupancy and use shall not be granted for a period of more than 12 months and shall not be renewable more than once, and then for a period of not more than 12 months.
[1]
Editor's Note: Section 2 of this local law provided as follows: "This local law is intended to and shall supersede any inconsistent provisions of Article 16, including but not limited to §§ 267 through 267-c, of the state Town Law."
A. 
Procedure for appellant.
(1) 
An appeal to the Zoning Board from any ruling of any administrative officer administering any portion of this chapter may be taken by any person aggrieved or by an officer, department, board or bureau of the Town affected thereby. Such appeal shall be taken within 60 days after the filing with the officer from whose action the appeal is taken and with the Zoning Board by filing with the Secretary thereof a notice of appeal, specifying the grounds therefor.
(2) 
All applications and appeals made to the Zoning Board shall be in writing on forms prescribed by the Building Inspector. Every application or appeal shall refer to the specific provision of this chapter and shall exactly set forth the interpretation that is claimed, the plans for a special use or the details of the variance that is applied for, in addition to the following information:
(a) 
The name and address of the applicant or appellant.
(b) 
The name and address of the owner of the zone lot to be affected by such proposed change or appeal.
(c) 
A brief description and location of the zone lot to be affected by such proposed change or appeal.
(d) 
A statement of the present zoning classification of the zone lot in question, the improvements thereon and the present use thereof.
(e) 
A reasonably accurate description of the present improvements, and the additions or changes intended to be made under this application, indicating the size of such proposed improvements, material and general construction thereof. In addition, there shall be attached a plot plan of the real property to be affected indicating the location and size of the lot and size of improvements thereon and proposed to be erected thereon.
B. 
Procedure for Building Inspector.
(1) 
The notice of appeal in any case where a permit has been granted or denied by the Building Inspector shall be filed within 60 days after the filing in the Town Clerk's office of any order, requirement, decision, interpretation, or determination of the Building Inspector. The Building Inspector shall forthwith transmit to the Zoning Board all papers constituting the record upon which the action appealed from was taken or, in lieu thereof, certified copies of said papers.
(2) 
It shall be incumbent upon the Building Inspector to recommend to the Zoning Board a modification or reversal of his action in cases where he believes substantial justice requires the same but where he has not himself sufficient authority to grant the relief sought.
C. 
Procedure for the Zoning Board. The Zoning Board shall decide each appeal within 62 days after the conduct of a public hearing. The time within which the Zoning Board must render its decision may be extended by mutual consent of the applicant and the Board. Upon the hearing, any party may appear in person or be represented by an agent or attorney. The decision of the Board of Appeals on the appeal shall be filed in the office of the Town Clerk within five business days after the decision is rendered and a copy thereof mailed to the applicant. In the exercise of its functions upon such appeals or upon exceptions, the Zoning Board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from or may make such order, requirement, decision or determination in accordance with the provisions thereof.
D. 
Appeal from decision of Zoning Board. All decisions of the Zoning Board are subject to court review in accordance with applicable laws of the State of New York.
A. 
The Zoning Board shall fix a reasonable time for the hearing on the appeal or application and give due notice to the following officials, persons and owners of property not less than five days prior to the day of the hearing:
(1) 
When appealing action of the Building Inspector. In case of an appeal alleging error or misinterpretation in any order or other action by the Building Inspector, the following persons shall be notified: the Inspector, the appellant and the person or persons, if any, who benefit from the order, requirement, regulation or determination.
(2) 
When appealing for variance or special use. In case of an appeal for a variance or in case of an application for a special use as provided for in this chapter, the following persons shall be notified: all owners of property within 500 feet of the nearest line of the property for which the variance or special use is sought and such other property owners as the Chairman of the Zoning Board may direct.
B. 
Adjournment of hearing. Upon the day of hearing any application or appeal, the Zoning Board may adjourn the hearing for a reasonable period for the purpose of causing such further notice as it deems proper to be served upon such other property owners as it decides may be interested in said application or appeal.
C. 
Required interval for hearings on applications and appeals after denial. Whenever the Board, after hearing all the evidence presented upon an application or appeal under the provisions of this chapter, denies the same, the Zoning Board shall refuse to hold further hearings on said or substantially similar application or appeal by the same applicant, his successor or assign for a period of one year, except and unless the Zoning Board shall find and determine from the information supplied by the request for a rehearing that changed conditions have occurred relating to the promotion of the public health, safety, convenience, comfort, prosperity and general welfare and that a reconsideration is justified.
[Added 1-28-2003 by L.L. No. 1-2003]
A. 
Short title and applicability. This section shall be known and may be cited as the "Alternate Zoning Board of Appeals Members Act." This section shall apply to the appointment, term, functions, powers of alternate members appointed to serve on the Zoning of Appeals in the Town of Mamakating.
B. 
Policy. It is sometimes difficult to maintain a quorum of the Zoning Board of Appeals because members are ill, on extended vacation or find they have a conflict of interest situation on a specific matter before such Board. In such instances, official business cannot be conducted, which may delay or impede adherence to required timelines. The use of alternate members in such instances is hereby authorized pursuant to the provisions of this section.
C. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ALTERNATE MEMBER
An individual appointed by the Town Board to serve on the Town of Mamakating Zoning Board of Appeals when a regular member is unable to participate on an application or matter before the respective Board, as provided herein.
MEMBER
An individual appointed by the Town Board to serve on the Town of Mamakating Zoning Board of Appeals pursuant to provisions of the local law or ordinance which first established such Zoning Board of Appeals.
ZONING BOARD OF APPEALS
The Zoning Board of Appeals of the Town of Mamakating as established by the Town Board of the Town of Mamakating by local law, pursuant to the provisions of § 267 of the Town Law.
D. 
Authorization/Effect. The Town Board of the Town of Mamakating hereby enacts this section to provide a process for appointing two alternate members (Alternate A and Alternate B).
E. 
Alternate members of the Zoning Board of Appeals shall be appointed by the Town Board of the Town of Mamakating for a term of two years, which term shall expire on December 31 of the second year after the date of their appointment.
F. 
The Chairperson of the Zoning Board of Appeals shall designate an alternate to substitute for a member when such member is unable to participate on an application or matter before the Board. The Chairperson shall alternate the assignment of the alternate members so that each serves in such capacity, with Alternate A serving on the first occasion that a substitute member for the Zoning Board of Appeals is required. When so designated, the alternate member shall possess all the powers and responsibilities of such member of the Board. Such designation shall be entered into the minutes of the initial Zoning Board of Appeals meeting at which the substitute is made.
G. 
All provisions of state law relating to Zoning Board of Appeals member eligibility, vacancy in office, removal, compatibility of office and service on other boards, as well as any provisions of a local law/local ordinance relating to training, continuing education, compensation and attendance, shall also apply to alternate members.
H. 
Supersession of Town Law. This section is hereby adopted pursuant to the provisions of § 10 of the Municipal Home Rule Law and § 10 of the Statute of Local Governments. It is the intent of the Town Board of the Town of Mamakating, pursuant to § 10 of the Municipal Home Rule Law, to supersede the provisions of § 267 of the Town Law relating to appointment of members of the Town of Mamakating Zoning Board of Appeals.