Pursuant to Town Law, the Town Board shall appoint a Zoning Board of Appeals consisting of five members, shall designate its Chairman and also provide for compensation to be paid to said members and provide for such other expenses as may be necessary and proper. A member of the Board of Appeals shall not at the same time be a member of the Town Board. The Town Board shall have the power to remove any member of the Board of Appeals for cause and after public hearing.
A. 
Term of appointment. Of the members of the Board of Appeals first appointed, one shall hold office for the term of one year, one for the term of two years, one for the term of three years, one for the term of four years and one for the term of five years from and after his appointment. Their successor(s) shall be appointed for the term of two years from and after the expiration of the terms of their predecessors in office. This provision is adopted pursuant to the provisions of § 10 of the Municipal Home Rule Law with the intent to amend and supersede the provisions of § 267 of the Town Law relating to terms of appointment. If a vacancy shall occur otherwise than by expiration of term, it shall be filled by the Town Board by appointment for the unexpired term.
B. 
Staff. The Board of Appeals may employ such clerical or other staff assistants as may be necessary and prescribe their duties, provided it shall not at any time incur expenses beyond the amount of the appropriations made by the Town Board and then available for that purpose.
C. 
Rules of procedure, bylaws, forms. The Board of Appeals shall have the power to make, adopt and promulgate 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 this chapter. Such rules, bylaws and forms shall not be in conflict with nor have the effect of waiving any provisions of this chapter or any other ordinance of the Town of Sodus. Such rules, bylaws and forms and any subsequent amendments or supplements thereto shall be submitted to the Town Board by the Board of Appeals for approval and filing for public view. The Town Board shall move to approve, reject or modify such rules, bylaws and forms within 30 days after submission. Failure of the Town Board to so move shall be construed to constitute approval thereof.
D. 
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. The Chairman or, in his absence, the Acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of such Board shall be open to the public. The concurring vote of a majority of all members of the Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of the Code Enforcement Officer or to decide in favor of an applicant in any matter upon which it is required to pass under any ordinance to affect any variation in this chapter.
E. 
The Board of Appeals shall keep minutes of its proceedings, showing the vote of each member on every question. If a member is absent or fails to vote, the minutes shall indicate such fact. Every rule, regulation, every amendment or repeal thereof and every order, requirement, decision or determination of the Board of Appeals shall immediately be filed in the office of the Town Clerk and shall be a public record.
Public notice of any required hearing by the Board of Appeals shall be given in accordance with Town Law as follows:
A. 
By publishing a notice of an appeal or application and the time and place of the public hearing in the official newspaper of the Town of Sodus not less than seven days prior to the date of such hearing.
B. 
By giving written notice of hearing to any appellant or applicant and any other such notice to property owners in an affected area as may be required by the Board of Appeals and to the Planning Board not less than five days prior to such hearing.
The Board of Appeals shall hear and decide appeals from and review any order, requirement, decision or determination made by the Code Enforcement Officer under this chapter in accordance with the procedure set forth herewith:
A. 
Notice of appeal shall be filed with the Code Enforcement Officer and the Secretary of the Board of Appeals, in writing, in a form required by such Board, within 30 days of the date of the action appealed from, specifying the grounds thereof.
B. 
Upon the filing of a notice of appeal and payment of a filing fee (said fee shall be as set by resolution of the Town Board)[1] by the appellant or applicant, the Code Enforcement Officer shall forthwith transmit to the Board of Appeals all the papers constituting the record upon which the action appealed from was taken.
[1]
Editor's Note: See Ch. A137, Fees.
C. 
The Board of Appeals shall set a reasonable date for the hearing of each appeal, of which hearing date the appellant shall be given notice and at which hearing he shall appear in person or by agent or by attorney.
D. 
An appeal stays all proceedings in furtherance of the action appealed from unless the Code Enforcement Officer certifies to the Board of Appeals after notice of appeal shall have been filed with him that, by reason of facts stated in the certificate, a stay would, in the Code Enforcement Officer's 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 Code Enforcement Officer and on due cause shown.
E. 
Following public notice and hearing, the Board of Appeals 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 in the Premises, and to that end shall have all the powers of the Code Enforcement Officer. If the action by the Board of Appeals is to reverse the action of the Code Enforcement Officer in whole, the filing fee shall be refunded to the appellant. The Board of Appeals shall decide the same within 60 days following the final hearing.
F. 
Environmental impact.
(1) 
When it is determined by the Zoning Board of Appeals or another duly designated lead agency that any request for a variance or special permit involves an action that should have an environmental impact statement in accordance with the State Environmental Quality Review Act of 1975, such variance or special permit shall not be authorized before the environmental impact statement has been satisfactorily prepared.
(2) 
After an impact statement has been prepared and reviewed by the Board of Appeals or other duly designated lead agency the Board of Appeals shall act on the request for a variance or special permit and establish any conditions related thereto.
A. 
Where there are practical difficulties with regard to area requirements or unnecessary hardships with regard to use requirements in the way of carrying out the strict letter of this chapter, the Board of Appeals shall have the power to vary or modify the application of any of the regulations or provisions of this chapter.
B. 
No variance in the strict application of any provision of this chapter shall be granted by the Board of Appeals unless it finds and records in its minutes that:
(1) 
Unique physical conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district.
(2) 
Literal interpretation of the provisions of this chapter would deprive the applicant of the rights commonly enjoyed by other properties in the same district under the terms of this chapter.
(3) 
The special conditions and circumstances do not result from the actions of the applicant; where all other required findings are made, the purchase of a lot subject to the restrictions sought to be varied shall not itself constitute a self-created hardship.
(4) 
The granting of the requested variance will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures or buildings in the same district.
(5) 
The variance sought is the minimum variance that will make possible the reasonable use of the land, building or structure.
(6) 
The granting of the variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
C. 
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 the issuance of a variance.
D. 
The Secretary of the Board of Appeals shall transmit any application for a variance of the provisions of this chapter relating to the use of buildings or structures, or both, to the Planning Board prior to the date of the public hearing before the Zoning Board of Appeals. The Planning Board shall review the application and submit its recommendation to the Board of Appeals before the date of the hearing. If the Planning Board fails to submit a report within this period, the application shall proceed to the Zoning Board of Appeals for final determination without comment from the Planning Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E. 
In granting any variance, the Board of Appeals may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter and punishable under § 135-62 of this chapter.
F. 
Under no circumstances shall the Board of Appeals grant a variance to allow a use expressly or by implication prohibited by the terms of this chapter in the district involved.
The Board of Appeals shall hear and decide only such special permits as the Board is specifically authorized to pass on by the terms of this chapter, shall decide such questions as are involved in determining whether special permits with such conditions and safeguards as are appropriate under this chapter or shall deny special permits when not in harmony with the purpose and intent of this chapter. A special permit shall not be granted by the Board of Appeals unless and until:
A. 
A written application for a special permit is submitted indicating the section of this chapter under which the special permit is sought and stating the grounds on which it is requested.
B. 
Notice shall be given at least seven days in advance of public hearing. The owner of the property for which special permit is sought or his agent shall be notified by mail. Notice of such hearing shall be posted on the Town Clerk's bulletin board and on the Town website at least seven days prior to the public hearing.
C. 
The public hearing shall be held. Any party may appear in person or by agent or attorney.
D. 
The Board of Appeals shall make a finding that it is empowered under the section of this chapter described in the application to grant the special permit, and that the granting of the special permit will not adversely affect the public interest.
E. 
Before any special permit is issued, the Board shall make written findings certifying compliance with the specific rules governing individual special permits and that satisfactory provision and arrangement has been made concerning the following, where applicable:
(1) 
Ingress and egress to property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe.
(2) 
Off-street parking and loading areas, where required, with particular attention to the items in Subsection E(1) above and the economic, noise, glare or odor effects of the special permit on adjoining properties and properties generally in the district.
(3) 
Refuse and service areas, with particular reference to the items in Subsection E(1) and (2) above.
(4) 
Utilities, with reference to locations, availability and compatibility.
(5) 
Screening and buffering, with reference to type, dimensions, and character.
(6) 
Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effect and to compatibility and harmony with properties in the district.
(7) 
Required yards and other open space.
(8) 
General compatibility with adjacent properties and other property in the district.
(9) 
Any business applying for a special permit must furnish the Board of Appeals with certificate of doing business under an assumed name and a sales tax identification number, where appropriate.
In accordance with the policy and procedures provided by Chapter 24, Article 12B, §§ 239-l and 239-m of the General Municipal Law, and subject to any agreement between the Town and the Wayne County Planning Board, any proposed special permit or variance affecting real property within 500 feet from the boundary of the Town of Sodus or from the boundary of any existing or proposed county or state park or other recreational area, or from the right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway, or from the right-of-way of any existing or proposed stream or drainage channel owned by the county for which the county has established channel lines, or from the existing or proposed boundary of any state-owned land on which a public Building or institution is situated, shall be referred to the Wayne County Planning Board. The term "proposed" shall be deemed to include only those recreational areas, parkways, thruways, expressways, roads or highways which are shown on a County Plan of Wayne County adopted pursuant to § 239-d, Subdivision 2, of the General Municipal Law or adopted as an Official Map of Wayne County pursuant to § 239-g of the General Municipal Law. If the Wayne County Planning Board fails to report within 30 days after receipt of a full statement of such referred material, the Board of Appeals may act without such report. If the Wayne County Planning Board disapproves the proposal or recommends modifications thereof, the Board of Appeals shall not act contrary to such disapproval or recommendation except by a vote of a majority plus one of all the members thereof and after the adoption of a resolution setting forth the reason for the contrary action.