[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Board of Trustees shall appoint a Board of Zoning Appeals
consisting of five members, each of whom shall be a resident of the
Incorporated Village of the Branch and each of whom shall serve for
a term of five years in the position to which he shall be appointed.
Every member of said Board of Zoning Appeals shall be considered a
public officer, shall take and sign a constitutional oath of office
prior to assuming his duties and commencing his term of office, and
shall be subject to all of the provisions of law applicable to public
officers. The Chairman of said Board shall be appointed from the five
members by the Board of Trustees. No member of the Board of Trustees
shall be eligible for membership on said Board of Zoning Appeals during
his term of office as a Trustee.
Except as otherwise provided in this chapter or any other provision
of this Code, the Board of Zoning Appeals shall hear and decide appeals
from and review therein any order, decision or determination of any
body or officer of the Incorporated Village of the Branch on an application
made to such body or officer under and pursuant to the Zoning Law
of the Village; provided, however, that any and all appeals from orders,
decisions and determinations concerning the use to which lands, buildings
and structures may be put shall be reviewed only by the Board of Trustees.
In the exercise of its functions, the Board of Zoning Appeals shall
have all of the rights, privileges, powers and immunities granted
to or imposed upon it by the laws of the State of New York, except
as otherwise provided herein; and the Board of Trustees, where sitting
as an appeals review board under this chapter, shall have the same
rights, privileges, powers and immunities. Included in the foregoing
powers shall be the power of the Board of Zoning Appeals or the Board
of Trustees, as the case may be, to vary or modify the application
of provisions of this chapter in harmony with their general purpose
and intent and in accordance with the general and specific rules herein
contained.
In considering and determining applications for special exception
permits under this chapter, the following standards shall be considered
as applied to the specific application:
A.
The purpose of zoning as set forth in the Constitutions, laws, ordinances,
rules and regulations of the United States, of the State of New York
and of the Incorporated Village of the Branch, and uses permitted
in the zoning district of the Incorporated Village of the Branch in
which the property shall be located.
B.
Whether the proposed use is of such character, size, location, design
and site layout as to be appropriate to and in harmony with the surrounding
properties.
C.
Whether the proposed use will provide a desirable service, facility
or convenience to the area or otherwise contribute to the proper growth
and development of the community and to its general welfare.
D.
Whether the proposed use will be hazardous, conflicting or incongruous
to the immediate neighborhood by reason of excessive traffic, assembly
of persons or vehicles, proximity to travel routes or congregations
of children or pedestrians.
E.
Whether the proposed use will be of such nature as to be objectionable
to nearby residential dwellings by reason of noise, lights, vibration
or other factors of impact.
F.
Whether the proposed use will be a harmonious use in the district
in which it is to be situated and will not hinder or discourage the
appropriate use and development of adjacent uses or impair the value
thereof.
G.
Any and all conditions which the Board having jurisdiction over the
particular special exception application, in its sole discretion,
may wish to impose upon the granting of such special exception permit
or permits in order to effectuate the purposes of this chapter, to
conserve and protect property values or to promote the health, safety,
welfare and well-being of the residents and/or property owners of
the Incorporated Village of the Branch.
In addition to complying with the disclosure provisions of Chapter 16, Art. II, of this Code, every applicant filing a petition with the Village Clerk for a change of zone, special exception permit, use variance or area variance, or appeal to the Board of Trustees or to the Board of Zoning Appeals, as the case may be, however designated, shall submit and simultaneously file with said Village Clerk, in quintuplicate, the following:
A.
A map, accurately drawn to scale by a licensed engineer or surveyor,
showing:
(1)
The areas, courses and distances of the land to be considered for
the proposed change, exception, variance or appeal;
(2)
The streets in the immediate vicinity and the courses and distances
to the nearest street intersection; and
(3)
The names of the owners of record of all lands within a two-hundred-foot
radius of the premises in question.
B.
A check, drawn to the order of the Incorporated Village of the Branch,
in an amount determined by the Board of Trustees, is to be paid simultaneously
with any application to the Board of Trustees for change of zone,
special use permit or use variance, or to the Board of Zoning Appeals
for an area variance or other appeal under the chapter.
[Amended 10-9-1984 by L.L. No. 4-1984; 7-9-2013 by L.L. No. 3-2013]
