A Zoning Board of Appeals is hereby created. Said Board shall
be appointed and function in accordance with the enabling law. Said
Board shall consist of five members. The Board may prescribe for its
affairs.
A.
Duties. The Zoning Board of Appeals shall act in strict accordance
with procedures specified by law and by this chapter. The major duties
of the Board shall be to hear and decide on variance requests as well
as to interpret the meaning of this chapter as required.
B.
Format for requests. All requests shall be in writing on forms prescribed
by the Zoning Board of Appeals. Specific provisions of this chapter
shall be referred to and as a minimum, the following information shall
be provided by the person requesting the variance/interpretation:
C.
Referral to Planning Board. On an optional basis, the Zoning Board
of Appeals may request in writing, a recommendation by the Planning
Board. The Planning Board should receive all necessary information
at least two weeks prior to the hearing date. The advisory opinion
shall be received by the Zoning Board of Appeals prior to the hearing.
The failure of the Planning Board to submit said report shall be deemed
to be an approval of the appeal or interpretation in favor of the
applicant.
D.
Hearings and meetings. All hearing and meeting procedures shall be
in accordance with appropriate laws with respect to notices, timelines,
etc. All hearings and meetings of the Zoning Board of Appeals shall
be open to the public. The Board shall designate one of its members
to serve as Secretary thereof. Minutes shall be kept of all meetings
of the Board, and copies of such minutes and every order, requirement,
decision or determination of the Zoning Board of Appeals shall be
filed in the office of the Municipal Clerk within a time period of
seven days after each meeting and shall be a public record. As per
the Open Meeting Law, the Zoning Board of Appeals must deliberate
at public sessions.
E.
Every decision of the Zoning Board of Appeals shall be by resolution,
each of which shall contain a full record of the findings.
The Zoning Board of Appeals shall have the power to interpret
the meaning of this Zoning chapter whenever called upon by the Village
Board, Enforcement Officer or an aggrieved party who has been denied
a building permit. This interpretive power shall include the determination
of district boundary lines.
A.
Reasons for variances. The Zoning Board of Appeals has the authority
to vary or modify the strict letter of this chapter where a literal
interpretation would cause practical difficulties (area variances)
or unnecessary hardships (use variance).
B.
Applicability and limitations.
(1)
The Zoning Board of Appeals can decide appeals from a person who
feels aggrieved by a decision of the Enforcement Officer. The Zoning
Board of Appeals may reverse, affirm, or modify the decision made
by the Enforcement Officer.
(2)
The Zoning Board of Appeals has absolutely no power to amend this
chapter and must exercise great care to insure that its rulings do
not in effect amend this chapter.
C.
Basis for granting area variances.
(1)
Area variances provide relief of a dimensional nature (e.g., lot,
shape or grade) and must be based on practical difficulty. The burden
of proof is on the applicant and, if relief is warranted, it should
be the minimum necessary.
(2)
The following five determinations must be considered in order to
decide if practical difficulty is present:
(a)
How substantial the variation is in relation to the requirements
of this chapter.
(b)
The effect of the proposal on increased population density and
governmental facilities (e.g., fire, water, etc.).
(c)
Whether a substantial change in the character of the neighborhood
or a detrimental effect on adjoining properties would take place.
(d)
Whether the difficulty can be eliminated by some other reasonably
alternative other than a variance (e.g., add room to other side of
house).
(e)
Will justice be served in allowing the variance. The fact that
the practical difficulty was self-imposed does not disqualify the
applicant from being granted an area variance. If a property owner
will suffer significant economic injury by strict interpretation of
the area standards and practical difficulties are present, then the
area variance can only be denied based on health, safety or general
welfare reasons.
D.
Basis for granting use variances.
(1)
Use variances provide relief to an applicant who is denied through
application of this chapter by the Enforcement Officer the right to
use land or structures in a certain manner since the use is not listed
as an allowable use in this chapter. In order to be granted the use
variance the applicant must prove that unnecessary hardship exists
and this is accomplished by showing all of the following:
(a)
The land in question cannot yield a reasonable return if used
only for a purpose allowed in the district. This does not mean that
profits will necessarily be maximized.
(b)
The use requested by the variance will not alter the essential
character of the neighborhood, and be detrimental to properties in
the vicinity.
(c)
The plight of the applicant is due to unique circumstances and
not to the general conditions in the neighborhood. This last factor
shall not in itself be the basis for denying a use variance.
(2)
In the case of a use variance, if the hardship is self-imposed then
the variance should, generally speaking, be denied. An example of
this would be the purchase which is not appropriate for the proposed
used.
E.
Granting variances. In granting any variance, the Zoning Board of
Appeals shall prescribe any conditions that it deems to be necessary
or desirable. The decisions must be written in the form of a resolution
and must state in detail the reasons for granting or denying the variance
and the conditions imposed.[1]
[1]
Editor's Note: Original Subsection F, Flood variances, which
immediately followed this subsection, was repealed 12-9-2013 by L.L.
No. 4-2013.
A.
Before issuing a special use permit or granting a variance affecting
any real property lying within a distance of 500 feet of the boundary
of this Municipality or from the boundary of any existing or proposed
county or state park or other recreation area, or from the right-of-way
of any existing or proposed county or state parkway, thruway, expressway,
road, or highway, or from the channel owned by the county or for which
the county has established channel lines, or from the existing or
proposed boundary of any county or state owned land on which a public
building or institution is situated, the matter shall be referred
to the Chautauqua County Planning Board.
B.
Within 30 days after receipt of a full statement of such referred
matter, the Chautauqua County Planning Board to which referral is
made, or an authorized agent of said agency shall report its recommendations
thereon to the Board of Appeals accompanied by a full statement of
the reasons for such recommendations. If the Chautauqua County Planning
Board fails to report within such period of 30 days, the Board of
Appeals may act without such report. If the Chautauqua County Planning
Board disapproves the proposal, or recommends modification 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 fully setting
forth the reasons for such contrary action.
C.
Within seven days after final action by the Board of Appeals modifications
or disapproval of a referred matter, the Board of Appeals shall file
a report of the final action it has taken with the Chautauqua County
Planning Board which had made the recommendations, modifications,
or disapproval.
