A.
Creation. A Board of Appeals is hereby established
in accordance with § 7-712 of the Village Law.
B.
Composition. The Board of Appeals shall consist of
five members.
C.
Appointment. The Board of Trustees of the Village
shall appoint the members of the Board of Appeals, each to be appointed
for three years. No person who is a member of the Village Board or
a Police Justice or a member of the Village Planning Board shall be
eligible for membership on such Board of Appeals.
D.
Removal. The Board of Trustees shall have the power
to remove any member of the Board for cause after public hearing.
E.
Vacancies. Vacancies shall be filled for the unexpired
term of the member whose place has become vacant.
F.
Alternate members.
[Added 3-16-2005 by L.L. No. 2-2005]
(1)
Applicability. This section shall apply to the appointment,
terms, functions and powers of alternate members appointed to serve
on the Village of Tivoli Zoning Board of Appeals.
(2)
Declaration of policy. It is sometimes difficult to
maintain a quorum on the Board of Appeals because members are ill,
unable to attend, on extended vacation, or find they have a conflict
of interest on a specific matter before the Board of Appeals. 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 subsection.
(3)
Appointment of alternate members.
(a)
The Mayor, subject to the approval of the Board
of Trustees, shall appoint alternate members of the Board of Appeals
to serve as provided in this subsection. The number of alternate members
appointed shall not exceed two. Alternate members of the Board of
Appeals shall be appointed for a terms of two years.
(b)
The Chairperson of the Board of Appeals may
designate an alternate to substitute for a member when such a member
is not present or is unable to participate on an application or matter
before the Board of Appeals. When so designated, the alternate member
shall possess all the powers and responsibilities of such member of
the Board of Appeals. Such designation shall be entered into the minutes
of the initial Board of Appeals meeting at which the substitution
is made.
(c)
All provisions of state law relating to 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 relating to training, continuing education, compensation
and attendance, shall also apply to alternate members.
(4)
Supersession of Village Law. This subsection is hereby
adopted pursuant to the provisions of § 10 of the Municipal
Home Rule Law. Pursuant to § 10 of the Municipal Home Rule
Law, it is the intent of the Village Board of the Village of Tivoli
to supersede the provisions of § 7-712, Subsection 11, of
the Village Law relating to the appointment of alternate members to
the Zoning Board of Appeals.
A.
Meetings. All meetings of the Board of Appeals shall
be held at the call of the Chairman and at such other times as such
Board may determine. All meetings of such Board shall be open to the
public.
B.
Oaths. The Chairman, or in his absence the Acting
Chairman, may administer oaths and compel the attendance of witnesses.
C.
Minutes. The Board of Appeals shall keep minutes of
its proceedings, showing the vote of each member upon every question
or, if absent or failing to vote, indicating such fact, and shall
also keep records of its examination and other official actions. Every
rule, regulation, every amendment or repeal thereof and every order,
requirement, decision or determination of the Board shall immediately
be filed in the office of the Board and with the Village Clerk and
shall be a public record.
D.
Hearing. The Board of Appeals shall fix a reasonable
time for the hearing of any application for variance or the hearing
of an appeal for administrative review.
[Amended 11-18-2009 by L.L. No. 1-2009]
E.
Notice. The Board of Appeals shall give due notice
to the parties and, not less than 10 days prior to the hearing date,
publish such notice at least once in the official newspaper of the
Village or, if there is no official newspaper designated, the newspaper
designated by the Village Board of Trustees for such purposes. The
applicant shall give notice of any application for a variance by certified
mail at least five days prior to the date of the hearing to all persons,
firms or corporations owning property or residing within 200 feet
of the location of the property upon which its use is proposed to
be established. Proof of such notifications shall be given to the
Board on or before the date of the hearing. Upon the hearing, any
party may appear in person, or by agent or by attorney. All costs
of publication and notice shall be paid by the applicant.
[Amended 11-18-2009 by L.L. No. 1-2009]
F.
Decision. The Board of Appeals shall decide the application
for variance or appeal for administrative review within 62 days after
the final hearing as provided by Village Law § 7-712. The
concurring vote of a majority of the members of the Board of Appeals
shall be necessary to grant a variance.
[Amended 11-18-2009 by L.L. No. 1-2009]
G.
Fees. Fees for administrative review and variances
shall be determined by the Village Board of Trustees.
[Amended 11-18-2009 by L.L. No. 1-2009]
The Board of Appeals shall have the following
powers:
A.
Administrative review.
(1)
To hear and decide appeals from and review any order,
requirement, decision or determination made by the Zoning Enforcement
Officer or other administrative officer carrying out or enforcing
any provision of this chapter.
(2)
The Board may reverse or affirm, wholly or partly,
or may modify the order, requirement, decision or determination appealed
from and shall make such order, requirement, decision or determination
as, in its opinion, ought to be made.
(a)
Appeal. An appeal to the Board of Appeals for
administrative review may be taken by any person, firm or corporation
aggrieved, or by any governmental officer, department, board or bureau
affected by any decision of the Zoning Enforcement Officer based in
whole or in part upon the provisions of this chapter. Such appeal
shall be taken by filing with the Board of Appeals a notice of appeal
specifying the grounds thereof. The Zoning Enforcement Officer shall
forthwith transmit all papers constituting the record upon which the
action appealed from was taken to the Board of Appeals.
(b)
Stay of proceedings. An appeal stays all proceedings
in furtherance of the action appealed from, unless the Zoning Enforcement
Officer from whom the appeal is taken certifies to the Board of Appeals
after the notice of appeal shall have been filed with him that, by
reason of facts stated in the certificate, a stay would, in his opinion,
cause imminent peril to life or property, in which case proceedings
shall not be stayed otherwise than by a restraining order which may
be granted by the Board of Appeals or by a court of record on application,
on notice to the Zoning Enforcement Officer and on due cause shown.
B.
[1]Variance. To hear applications for variance from the terms
of this chapter as will not be contrary to public interest where,
owing to unique conditions, a literal enforcement of the provisions
of this chapter will result in unnecessary hardship, while adhering
to the spirit of this chapter and doing substantial justice.
(1)
Area variance. An area variance is one which does
not involve a use which is prohibited by this chapter. When the variance
requested would vary the required yard, setback, height or similar
regulations, the Zoning Board of Appeals may grant said variance upon
finding that the variance sought would meet the requirements of Village
Law § 7-712-b, Subdivision 3.
[Amended 5-11-1998 by L.L. No. 1-1998]
(2)
Use variance. A use variance would allow an applicant
to utilize land for a use not allowed in the district's regulations.
The Zoning Board of Appeals may grant said variance upon finding that
the variance sought would meet the requirements of Village Law § 7-712-b,
Subdivision 2.
[Amended 5-11-1998 by L.L. No. 1-1998]
Any person or persons, jointly or severally
aggrieved by any decision of the Board of Appeals, may apply to the
Supreme Court for relief by a proceeding under Article 78 of the Civil
Practice Law and Rules. It must be instituted within 30 days after
the filing of a decision in the office of the Village Clerk.
[Amended 11-18-2009 by L.L. No. 1-2009]
A.
Variance applications shall be referred to the Dutchess County Department
of Planning and Development pursuant to § 239-m of the General
Municipal Law for review, as required.
B.
Within 30 days after final action by the Zoning Board of Appeals on a matter referred to it pursuant to Subsection A, or such shorter period as may be prescribed by the General Municipal Law, the Zoning Board shall file a report of the final action it has taken with the Dutchess County Department of Planning and Development.
[Amended 11-18-2009 by L.L. No. 1-2009]
A.
The regulations, restrictions and boundaries established by this
chapter may from time to time be amended, supplemented, changed or
modified or repealed. However, pursuant to § 239-m of the
General Municipal Law, proposed zoning amendments shall be referred
to the Dutchess County Department of Planning and Development for
review, as required.
B.
Within 30 days after final action by the Village Board of Trustees on a matter referred to it pursuant to Subsection A, or such shorter period as may be prescribed by the General Municipal Law, the Village Board shall file a report of the final action it has taken with the Dutchess County Department of Planning and Development.
