Town of Thompson, NY Article VIII Zoning Board of Appeals

§ 250-45 Organization; meetings.

A. There shall be a Zoning Board of Appeals of five members. The Town Board shall appoint said members, shall designate a Chairman and may remove any member of the Zoning Board of Appeals for cause after public hearing. The members of the Board shall be appointed for a term of five years. If a vacancy shall occur otherwise than by expiration of the term, it shall be filled by the Town Board by appointment for the unexpired term.

B. Meetings shall be held at the call of the Chairman or at other times as the Zoning Board of Appeals may determine. A quorum shall consist of three members, but in order to reverse a decision of the officers and employees of the Building Department or authorize a variance, an affirmative vote of at least three members shall be required. The Board shall keep minutes of its proceedings showing the vote of each member upon each question and shall keep records of its examinations and other official actions.

§ 250-46 Powers and duties.

The Zoning Board of Appeals shall have all the powers and duties prescribed by law and by this Part 1, which are more particularly specified as follows, provided that none of the following provisions shall be deemed to limit the power of said Zoning Board of Appeals that is conferred by law.

A. Interpretation. On appeal from an order, requirement, decision or determination made by an administrative official, or on request by an official, board or agency of the Town, to decide any of the following questions:

(1) Determination of the meaning of any portion of the text of this Part 1 or of any condition or requirement specified or made under the provision of this Part 1.

(2) Determination of the exact location of any district boundary shown on the Zoning Map.

(3) Determination of permitted use. When a use is not specifically permitted in this chapter as either a use permitted by right or by special permit, it shall be understood that the use may be allowed by special use permit of the Planning Board if upon an interpretation appeal it is determined by the Zoning Board of Appeals that the use is similar to other uses listed in the district and is consistent with the stated purpose of the district. It is further recognized that every conceivable use cannot be identified in this chapter, and anticipating that new uses will evolve over time, so therefore this section establishes the Zoning Board of Appeals' authority to review and decide, upon an interpretation appeal, to compare a proposed use and measure it against those listed in the applicable zoning district for determining similarity. In determining similarity, the Zoning Board of Appeals shall make all the following findings prior to approval:

[Added 1-21-2020 by L.L. No. 2-2020]

(a) The proposed use shall meet the intent of, and be consistent with, the goals, objectives and policies of the Town's comprehensive plan.

(b) The proposed use shall meet the stated purpose and general intent of the district in which the use is proposed to be located.

(c) The proposed use shall not adversely impact the public health, safety and general welfare of the Town's residents.

(d) The proposed use shall share characteristics in common with, and not be of greater intensity, density, or generate more environmental impact, than those uses listed in the zoning district in which it is to be located.

B. Variances. To authorize, upon appeal in specific cases, use variances and area variances, as defined in § 267 of the Town Law, subject to the requirements set forth in § 267-b of the Town Law.

Amended 10-21-2003 by L.L. No. 7-2003]

§ 250-47 Procedure.

The powers and duties of the Zoning Board of Appeals shall be exercised with the following procedure:

A. Public hearing.

(1) The Board of Appeals shall not grant any appeal for a variance without first holding a public hearing, notice of which hearing and of the substance of the appeal shall be given by publication in the official newspaper of the Town at least 10 days before the date of such hearing. In addition to such published notice, the applicant shall cause notice to be given of the substance of every appeal for a variance together with notice of the hearing thereon by causing notices thereof to be mailed at least 10 days before the date of said hearing to the owners of all property abutting that held by the applicant in the immediate area (whether or not involved in such appeal) and all other owners within 300 feet, or such additional distance as the Board of Appeals may deem advisable, from the exterior boundaries of the land involved in such appeal. Notification shall he directed to the owners as their names appear on the last completed assessment roll of the Town. Such notices shall be by certified mail and the applicant shall furnish proof of compliance with the notification procedures. Any or all of the notices required by this section shall be issued by the Secretary of the Board of Appeals on order of the Board of Appeals.

[Amended 6-7-2005 by L.L. No. 1-2005]

(2) In cases where due notice shall have been published as above provided and where there shall have been substantial compliance with the remaining provisions of this section, the failure to give notice in exact conformance herewith shall not be deemed to invalidate action taken by the Zoning Board of Appeals in connection with the granting of any appeal or variance.

B. Review by County Planning Department or Board. Where the land involved in any application for a variance lies within 500 feet of any municipal boundary, county or state park or right-of-way of any county drainage channel, or from the boundary of any county- or stated-owned land on which a public building is situated, such application, accompanied with the notice of public hearing, shall be forwarded to the County Planning Department or Board for review in accordance with the provisions of §§ 239-l and 239-m of Article 12-B of the General Municipal Law of the State of New York.

Amended 10-21-2003 by L.L. No. 7-2003]

C. Referral to adjacent municipalities. If the land involved in an appeal lies within 500 feet of the boundary of any other municipality, the Secretary of the Zoning Board of Appeals shall also transmit to the municipal clerk of such other municipality notice of public hearing thereon no later than 10 days before the hearing, in accordance with General Municipal Law § 239-nn.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

D. Referral to Planning Board. At least 10 days before the date of any public hearing, the Secretary of the Zoning Board of Appeals shall transmit to the Secretary of the Planning Board a copy of any appeal together with a copy of the notice of such hearing. The Planning Board may submit to the Zoning Board of Appeals an advisory opinion on said appeal at any time prior to the rendering of a decision.

E. Form and fee. All appeals made to the Zoning Board of Appeals shall be in writing on forms prescribed by the Board and shall be accompanied by a fee as provided by the Town law establishing fees.[1] However, no fee shall be required for applications requesting an interpretation as provided in § 250-46A.

[1] Editor's Note: See Ch. 66, Planning Board and Zoning Board of Appeals, Art. I, Fees.

F. Substance. Each appeal shall fully set forth the circumstances of the case. Every appeal or application shall refer to the specific provision of this Part 1 involved and shall exactly set forth, as the case may be, the interpretation that is claimed, the details of the variance that is applied for, and the grounds on which it is claimed that the same should be granted.

G. Record of decisions. Every decision of the Zoning Board of Appeals shall be recorded in accordance with standard forms adopted by the Board and shall fully set forth the circumstances of the case and shall contain a full record of the findings on which the decision is based. Every decision of the Board shall be by resolution, and each such resolution shall be filed in the office of the Town Clerk by case number, under one of the following headings: "Interpretations" or "Variances," together with all documents pertaining thereto. The Zoning Board of Appeals shall notify the officers and employees of the Building Department and each member of the Town Board, the Secretary of the Planning Board and the municipal clerk of any affected municipality given notice of hearing as set forth in Subsection C of its decision in each case.

H. Effective period. Unless construction is commenced and diligently prosecuted within six months of the date of the granting of a variance, such variance shall become null and void. Provided that there are no substantial changes in the immediate neighborhood, the officers and employees of the Building Department may grant a six-month extension of the original variance if construction has not been commenced within the first six months and a request for an extension has been received by the officers and employees of the Building Department prior to the expiration of the first six months. In the event that the officers and employees of the Building Department determine that there are substantial changes in neighborhood conditions, an extension may be granted by the Zoning Board of Appeals, which need not hold a hearing for the purpose of granting said extension. An applicant shall be entitled to only one extension without the requirement of refiling for a variance.

I. Responsibility. All provisions of this Part 1 relating to the Zoning Board of Appeals shall be strictly construed; the Board, as a body of limited jurisdiction, shall act in full conformity with all provisions of law and of this Part 1 and in strict compliance with all limitations contained herein; provided, however, that if the procedural requirements set forth in this Part 1 have been substantially observed, no applicant or appellant shall be deprived of the right to appeal.