A.
The Board of Trustees shall provide for the appointment
of a Board of Appeals consisting of five members, one of whom shall
be appointed Chairman by the Board of Trustees for a period of five
years. The first appointments of members thereto shall be for terms
so fixed that at least one will expire at the end of each official
year, commencing at the end of the current such year and continuing
in succeeding years until the entire original appointments run out.
At the expiration of each original appointment, the succeeding member
shall be appointed for a five-year term. Vacancies shall be filled
for the unexpired term of the member whose place has become vacant.
B.
No person who is a member of the Village Board of
Trustees shall be eligible for membership on such Board of Appeals.
C.
The Board of Trustees shall have the power to remove
any member of the Board of Appeals for cause and after public hearing.
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.
A.
Such Board shall keep verbatim 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 examinations and other official actions. Every rule, regulation,
every amendment or repeal thereof and every order, requirement, decision
or determination of the Board shall be filed in the office of the
Board and with the Village Clerk and shall be a public record.
B.
Verbatim minutes of its proceedings. Such verbatim
minutes shall be sufficient as a cassette or reel-to-reel recording,
and such shall be filed with the Clerk by the Chairman of the Board
of Appeals within 24 hours following adjournment or recess of the
meeting.
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.
A.
The Board of Appeals shall have the power to make
and adopt such written rules of procedure, bylaws and forms as it
may deem necessary for the proper execution of its duties and to secure
the intent of these regulations.
B.
Such rules, by laws and forms shall not be in conflict
with nor have the effect of waiving any provision of these regulations
or any other regulation of the municipality.
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.
A.
The Board of Appeals shall act in strict accordance
with the procedure specified by this chapter. All appeals and applications
made to the Board shall be in writing, on forms prescribed by the
Board and available from the Zoning Officer. Every appeal or application
shall refer to the specific provision of these regulations involved
and shall exactly set forth the interpretation that is claimed, the
use for which the special permit or variance is sought or the details
of the variance that is applied for and the grounds, as the case may
be.
B.
Notice of Board of Appeals hearing.
(1)
The Board shall fix a reasonable time for the hearing
of appeals and shall give due notice of the time set for the hearing
to the applicant. Appeals shall be decided within 62 days of the final
hearing. Notice shall be by the publication of a notice in the official
newspaper of the municipality and shall briefly describe the nature
of the appeal and the time and place of the hearing.
(2)
Public hearing. Notice shall be given at least 10
days in advance of public hearing. The owner of the property for which
special permit or variance is sought or his agent shall be notified
by mail. Notice of such hearing shall be posted on the property for
which special permit or variance is sought, at the Municipal Hall
and in one other public place at least 10 days prior to the public
hearing. Any party may appear in person or by agent or attorney.
A.
Use variances.
[Amended 6-9-1998 by L.L. No. 1-1998]
(1)
The Board of Appeals, on appeal from the decision
or determination of the administrative officer charged with the enforcement
of such local law, shall have the power to grant use variances, as
defined herein.
(2)
No such use variance shall be granted by a Board of
Appeals without showing by the applicant that applicable zoning regulations
and restrictions have caused unnecessary hardship. In order to provide
such unnecessary hardship the applicant shall demonstrate to the Board
of Appeals 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 substantial 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.
(d)
The alleged hardship has not been self-created.
(3)
The Board of Appeals, in the granting of use variances,
shall grant the minimum variance that it shall deem necessary and
adequate to address the unnecessary hardship proved 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.
B.
Area variances.
[Amended 6-9-1998 by L.L. No. 1-1998]
(1)
The Zoning Board of Appeals shall have the power,
upon an appeal from a decision or determination of the administrative
official charged with the enforcement of such local law, to grant
area variances as defined herein.
(2)
In making its determination, the Zoning Board of Appeals
shall take into consideration the benefit to the applicant if the
variance is granted, 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.
(e)
Whether the alleged difficulty was self-created;
which consideration shall be relevant to the decision of the Board
of Appeals, but shall not necessarily preclude the granting of the
area variance.
(3)
The Board of Appeals, 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.
C.
Imposition of conditions. The Board of Appeals shall,
in the granting of both use variances and area variances, have the
authority to impose such reasonable conditions and restrictions as
are directly related to and incidental to the proposed use of the
property. Such conditions shall be consistent with the spirit and
intent of the local Zoning Law, and shall be imposed for the purpose
of minimizing any adverse impact such variance may have on the neighborhood
or community.
[Amended 6-9-1998 by L.L. No. 1-1998]
D.
No nonconforming use of neighboring lands, structures
or buildings in the same district and no permitted or nonconforming
use of lands, structures or buildings in other districts shall be
considered grounds for issuance of a variance.
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.
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.
