[Amended 10-19-2011 by L.L. No. 4-2011]
A. The Mayor, subject to the approval of the Board of Trustees, shall
appoint a Zoning Board of Appeals pursuant to § 7-712 of
the Village Law. The Zoning Board of Appeals shall consist of three
members to serve for staggered three-year terms. The Mayor shall appoint
the Chairperson of the Zoning Board of Appeals, subject to the approval
of the Board of Trustees.
B. The following actions are cause for removal of any member of the
Zoning Board of Appeals by the Board of Trustees:
(1) Three consecutive unexcused absences from meetings.
(2) Violation of the Code of Ethics.
[Added 11-19-2008 by L.L. No. 3-2008; amended 10-19-2011 by L.L. No.
4-2011]
Pursuant to § 7-712, Subdivision 11, of the New York
State Village Law, the Mayor may, subject to the approval of the Board
of Trustees, appoint alternate members of the Zoning Board of Appeals
to substitute for a member in the event such member is unable to participate
on an application or matter before the Zoning Board of Appeals, whether
such inability is due to absence, conflict of interest, or any other
reason. Such alternate member shall have all the powers and responsibilities
of a member of the Zoning Board of Appeals. The terms of such alternate
members shall be for a maximum term of three years from date of appointment,
unless otherwise extended by the Board of Trustees. The Board of Trustees
shall also require said alternate members to complete training and
continuing education courses in order to fulfill their duties as alternate
members of the Zoning Board of Appeals.
The Zoning Board of Appeals shall have all the powers and duties
prescribed by law and by this chapter which are specified as follows:
A. Rules of procedure. The Zoning Board of Appeals shall have the power
to make, adopt and promulgate such written rules of procedure, bylaws
and forms as may be provided for in Article 7 of the Village Law for
the proper execution of its duties. Such rules, bylaws and forms shall
not be in conflict with, or have the effect of waiving, any provisions
of this chapter or any other ordinance or law of the Village of Corinth.
B. Interpretive powers. The Zoning Board of Appeals shall have the power
to hear and decide on questions where it is alleged there is an error
in any order, requirement, decision or determination made by the Code
Enforcement Officer involving the interpretation of any provision
of this chapter. Also involving a request by an administrative official,
board or agency of the Village, to decide any of the following questions:
(1) Determination of the meaning of any portion of the text of this chapter
or of any conditions or requirements specified or made under the provisions
of this chapter; or
(2) Determination of the exact location of any district boundary shown
on the Zoning Map.
C. Variances.
(1) Area variances. The Zoning Board of Appeals shall have the power,
upon appeal from a decision or determination of the Code Enforcement
Officer, to vary or modify yard requirements, setback lines, lot coverage,
frontage requirements, height requirements and density regulations.
(a)
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:
[1]
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;
[2]
Whether the benefit sought by the applicant can be achieved
by some method, feasible for the applicant to pursue, other than an
area variance;
[3]
Whether the requested area variance is substantial;
[4]
Whether the proposed variance will have an adverse effect or
impact on the physical or environmental conditions in the neighborhood
or district; and
[5]
Whether the alleged difficulty was self-created, which shall
be relevant to the decision of the Zoning Board of Appeals but shall
not necessarily preclude the granting of the area variance.
(b)
The Zoning 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.
(2) Use variances. The Zoning Board of Appeals shall have the power,
upon appeal from a decision or determination of the Code Enforcement
Officer, to vary the use requirements of this chapter.
(a)
No use variance shall be granted by the Zoning Board of Appeals
without a showing by the applicant that applicable land use restrictions
have caused unnecessary hardship. In order to prove such unnecessary
hardship, the applicant shall demonstrate to the Zoning Board of Appeals
that for each and every permitted use under the land use regulations
for the particular district where the property is located:
[1]
The applicant cannot realize a reasonable return, provided that
lack of return is substantial as demonstrated by competent financial
evidence;
[2]
The alleged hardship relating to the property in question is
unique and does not apply to a substantial portion of the district
or neighborhood;
[3]
The requested use variance, if granted, will not alter the essential
character of the neighborhood; and
[4]
The alleged hardship has not been self-created.
(b)
The Zoning 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 proven by the applicant.
(c)
At the same time, the Zoning Board of Appeals shall preserve
and protect the character of the neighborhood and the health, safety
and welfare of the community.
(3) Imposition of conditions. The Zoning 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 this
chapter and shall be imposed for the purpose of minimizing any adverse
impact such variance may have on the neighborhood or community.
D. Site plan review for use variances. In the case of the granting of
a use variance, the Zoning Board of Appeals shall determine if the
applicant is to undergo site plan review with the Planning Board.
The Zoning Board of Appeals shall comply with the provisions
of the State Environmental Quality Review Act (SEQRA). If the time schedule for SEQRA is different, the schedule
should be modified for SEQRA for projects that are subject to an environmental
impact statement.
Any person or persons jointly or severally aggrieved by any
decision of the Zoning Board of Appeals may apply to the Supreme Court
of the State of New York for relief through 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 specific provisions of Article
78, except that the action must be initiated as therein provided within
30 days after the filing of the Board's decision in the office of
the Village Clerk-Treasurer.