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. Such Chairman, or in his absence, the Deputy Chairman,
who shall also be appointed by the Board of Trustees, may administer
oaths and compel the attendance of witnesses. All meetings of such
Board shall be open to the public.
The Board of Appeals shall have all the powers
and duties as prescribed by the Village Law of the State of New York
and by this chapter, which are more particularly specified as follows:
A. Administrative review: to hear and decide appeals
from and review of any order, requirement, decision or determination
made by an administrative official charged with the enforcement of
this chapter. The concurring vote of a majority of the Board shall
be necessary to reverse any order, requirement, decision or determination
of any such administrative official or to decide in favor of the applicant
on any matter upon which it is required to pass under this chapter.
B. Referrals: to hear and decide all matters referred
to it upon which it is required to pass under this chapter.
C. Interpretation: to decide any question involving the
interpretation of any provision of this chapter, including determination
of the exact location of any zoning district boundary in case of uncertainty
with respect thereto.
D. Special and temporary use permits: to authorize only
such special or temporary permits as the Board of Appeals is specifically
authorized to pass on by the terms of this chapter; to decide such
questions as are involved in determining whether such permits should
be granted; and to authorize such permits with such conditions and
safeguards as are appropriate under this chapter or to deny said permits
when not in harmony with the purpose and intent of this chapter.
E. Variances: to authorize upon appeal, in specific cases,
such variance from the terms of this chapter as will not be contrary
to the public interest, according to standards specified herein.
The Board of Appeals may employ such staff assistants
as may be necessary and prescribe their duties, provided that at no
time shall expenses be incurred beyond the amount of the appropriations
made by the Village Board for such use and then available for that
purpose.
The office of the Village Clerk shall be the
office of the Board of Appeals and every rule, regulation, amendment
or repeal thereof and every order, requirement, decision or determination
of the Board shall immediately be filed in said office.
An appeal stays all proceedings in furtherance
of the action appealed from unless the Zoning Officer certifies that,
by reason of facts, 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 a court of record on application, on notice to
the Zoning Officer and on due cause shown.
Any variance authorized by the Board which is
not exercised within one year from the date of issuance shall expire
automatically without a further hearing by the Board.
[Amended 6-9-1992 by L.L. No. 1-1992]
A. The Planning Board may grant approval by special permit for such uses as are specifically allowed by special permit in the several districts herein. A special permit shall be granted only in accordance with the procedures and the criteria enumerated in Chapter
96 of the Code of the Village of Hammondsport.
B. Public hearings.
(1) Public hearings shall be as provided for in Chapter
96, §
96-16 of the Code of the Village of Hammondsport.
(2) Decisions. The Planning Board shall file its written
findings and decision with the Village Clerk within 60 days after
the termination of the public hearing.
C. Expiration of special permit. A special permit shall
be deemed to authorize only one particular special use and shall expire
if the special use shall cease for more than six months for any reason.
D. Existing violations. No special use permit shall be
issued for a property where there is an existing violation of these
regulations.
As provided in Article 7, § 239-m,
of the General Municipal Law, before final action on amendments, special
permits or variances, referrals shall be made to the Steuben County
Planning Board as follows:
A. Any action which would affect the regulations applying
to the property within 500 feet from the boundary of the Village of
Hammondsport, from the boundary of any existing or proposed county
or state park or other recreation area, or of the right-of-way of
any existing or proposed county or state parkway, throughway, road
or highway, or of the existing or proposed right-of-way of any stream
or drainage channel owned by the county or for which the county has
established channel lines, or of the existing or proposed boundary
of any county- or state-owned land on which a public building or institution
is located.
B. Within 30 days after receipt of a full statement of
such referred matter, the County Planning Board shall report its recommendations
thereon to the municipal agency, accompanied by a full statement of
the reasons for such recommendations. If the County Planning Board
fails to report within 30 days or such longer period as may have been
agreed upon, the municipal body having jurisdiction may act without
such report.
C. If the County Planning Board disapproves the proposal
or recommends modification thereof, the municipal agency having jurisdiction
shall not act contrary to such disapproval or recommendation except
by a vote of a majority plus one of all members thereof and after
the adoption of a resolution fully setting forth the reasons for such
contrary action.
D. Within seven days after final action, the municipal
agency having jurisdiction over the recommendations, modifications
or disapproval of a referred matter shall file a report of the final
action it has taken with the agency which made the recommendation,
modification or disapproval.
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 of the State of New York. Such proceeding shall be governed
by the provisions of Article 78 of the Civil Practice Law and Rules,
except that it must be instituted as therein provided within 30 days
after the filing of a decision in the office of the Village Clerk,
that the Court may take evidence or appoint a referee to take such
evidence as it may direct and report the same with its findings of
fact and conclusions of law if it shall appear that testimony is necessary
for the proper disposition of the matter, and that the Court at a
special term shall itself dispose of the cause on the merits, determining
all questions which may be presented for determination under the provisions
of § 1296 of said Article. Costs shall not be allowed against
the Board of Apepals unless it shall appear to the Court that it acted
with gross negligence or in bad faith or with malice in making the
decision appealed from.