As used in this article, the following terms shall have the
meanings indicated:
The authorization by the Zoning Board of Appeals for the
use of land in a manner which is not allowed by the dimensional or
physical requirements of the applicable zoning regulations.
The authorization by the Zoning Board of Appeals for the
use of land for a purpose which is otherwise not allowed or is prohibited
by the applicable zoning regulations.
A.Â
Establishment. A Zoning Board of Appeals is hereby established which
shall consist of five members appointed by the Town Board, none of
whom shall be members of the Town Board. The Town Board shall appoint
one member as Chairperson. Terms of membership shall be five years.
Members of the Zoning Board of Appeals, appointed in accordance with
the provisions of this chapter then in effect and in office when this
chapter takes effect, shall continue to serve for the balance of the
terms for which they were originally appointed.
[Amended 2-25-2019 by L.L. No. 1-2019]
B.Â
An alternate member of the Zoning Board of Appeals shall be appointed
by the Town Board for a term of five years. "Alternate member" means
an individual who serves on the Zoning Board of Appeals when a regular
member is unable to participate on an application or matter before
the respective board, as provided herein. The chairperson of the Zoning
Board of Appeals may designate an alternate to substitute for a member
when such member is unable to participate on an application or matter
before the Board. When so designated, the alternate member shall possess
all the powers and responsibilities of such member of the Zoning Board
of Appeals. Such designation shall be entered into the minutes of
each Zoning Board of Appeals meeting at which the substitution is
made. All provisions of state law relating to Zoning Board of Appeals
member eligibility, vacancy in office, removal, compatibility of office
and service on other boards, as well as any provisions of a local
law relating to training, continuing education, compensation and attendance,
shall also apply to alternate members.
C.Â
Quorum. A majority of the members of the Zoning Board of Appeals
shall constitute a quorum. The concurring vote of the majority of
the members of the Board shall be necessary to reverse any order,
decision, or determination of the Building Inspector to decide in
favor of any appellant in any matter upon which it is required to
pass under the terms of this chapter or to effect any variance of
this chapter.
D.Â
Meeting schedule. All meetings of the Zoning Board of Appeals shall
be held at the call of the Chairperson and at such other times as
such Board may determine. All meetings of such Board shall be open
to the public, except for executive sessions held in accordance with
the New York Public Officers Law.
E.Â
Recording secretary. The Town Board shall appoint a recording secretary
for the Zoning Board of Appeals who shall keep minutes of its proceedings,
showing the vote of each member upon every question or, if absent
or failing to vote, indicate such fact. The Zoning Board of Appeals
shall also keep records of the examination and other official actions.
F.Â
Oaths. The Chairperson or, in his absence, the Temporary Chairperson
may administer oaths and compel the attendance of witnesses.
G.Â
Applications. Applications, including any required SEQRA forms, shall
be submitted to the Building Inspector on forms provided by the Town.
Requests for area variances shall include sketch plans showing existing
and proposed setbacks. The Board may adjourn any hearing where it
determines an application is not complete or additional information
is needed. When the Board determines an application is not complete,
the public hearing shall remain open and the time in which the Zoning
Board of Appeals must issue a decision shall not begin to run until
such application is complete and the hearing closed.
H.Â
Public hearing on appeal. The Board of Appeals shall fix a reasonable
time for the public hearing of the appeal, variance, or other matter
referred to it and give public notice of such hearing by publication
in a paper of general circulation in the Town at least five days prior
to the date thereof. The cost of sending or publishing any notices
relating to such appeal, or a reasonable fee relating thereto, shall
be borne by the appealing party and shall be paid prior to the hearing
of such appeal. Upon the hearing, any party may appear in person,
or by agent or attorney.
I.Â
Time of decision. The Board of Appeals, providing SEQRA has been
complied with, shall decide upon the appeal or variance within 62
days after the conduct of said hearing. The time within which the
Board of Appeals must render its decision may be extended by mutual
consent of the applicant and the Board.
J.Â
Filing of decision and notice. The decision of the Board of Appeals
on the appeal or variance shall be filed in the Office of the Town
Clerk within five business days after the day such decision is rendered,
and a copy thereof mailed to the applicant. The Building Inspector
shall, upon receipt of the notice of approval and upon application
by the applicant, issue the appropriate zoning permit or such other
approval permitted by the variance, subject to all conditions imposed
by the Zoning Board of Appeals.
K.Â
Rehearings. Whenever the Zoning Board of Appeals, after hearing all
the evidence presented upon an application for appeals under the provisions
of this chapter, denies or rejects same, said Board shall refuse to
hold further hearings on the same or substantially similar application
for appeal by the same applicant, their successors or assigns, for
a period of one year, except and unless the Board shall find and determine
from the information supplied in the request for a rehearing that
changed conditions have occurred relating to the promotion of public
health, safety, convenience, comfort, prosperity and general welfare
and that a reconsideration is justified. Such rehearing may be granted
only upon the favorable vote of a majority of the Board plus one.
L.Â
Lapse of authorization. Any variance or modification of this chapter
authorized by the Board of Appeals shall be automatically revoked
unless a zoning permit or building permit, conforming to all the conditions
and requirements established by the Board of Appeals, is obtained
within six months of the date of approval by the Board of Appeals
and construction commenced within one year of such date of approval.
A.Â
Upon appeal from a decision by the Building Inspector or the Planning
Board during site plan review, the Zoning Board of Appeals shall decide
any question involving interpretation of any provisions of this chapter.
Such appeal shall be initiated within 60 calendar days of the adverse
decision.
B.Â
Such appeal may be taken by any person aggrieved or by an officer,
department, board or bureau of the Town.
C.Â
The officer from whom the appeal is taken shall, within 30 days of
the filing of the appeal, transmit all papers constituting the record
upon which the appeal is taken to the Board of Appeals.
D.Â
An appeal stays all proceedings in furtherance of the action appealed
from, unless the officer from whom the appeal is taken certifies to
the Board of Appeals after the notice of appeal shall have been filed
with him, that, by reason of facts stated in the certificate, 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 by a court of
record, on application, on notice to the officer from whom the appeal
is taken and on due cause shown.
E.Â
If the Board of Appeals determines that a public hearing is necessary,
the Board of Appeals shall fix a time for the hearing of the appeal
and give due notice thereof to the parties, and decide the same within
a reasonable length of time thereafter. At the time of the hearing,
any party may appear in person, by agent or by attorney.
The Zoning Board of Appeals may, after a public hearing, grant
a variance from the strict application of the provisions, of this
chapter in accordance with the following:
A.Â
Use variance. The Zoning Board of Appeals may grant a use variance,
by the applicants indicating that the applicable zoning regulations
and restrictions have caused unnecessary hardship and where the applicant
has established all of the following factors:
(1)Â
The applicant cannot realize a reasonable return, provided that
lack of return is substantial as demonstrated by competent financial
evidence;
(2)Â
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)Â
The requested use variance, if granted, will not alter the essential
character of the neighborhood; and
(4)Â
The alleged hardship has not been self-created.
B.Â
Area variance. Area variance may be considered where setback, frontage,
lot size, density or yard requirements of this chapter cannot be reasonably
met. The Zoning Board of Appeals may grant an area variance, taking
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. In making such a determination,
the Zoning Board of Appeals shall consider the following factors:
(1)Â
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)Â
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)Â
Whether the requested area variance is substantial;
(4)Â
Whether the proposed variance will have an adverse effect or
impact on the physical or environmental conditions in the neighborhood
or district;
(5)Â
Whether the alleged difficulty was self-created, which consideration
shall be relevant to the decision of the Zoning Board of Appeals,
but shall not necessarily preclude the granting of the area variance;
(6)Â
Whether the proposed variance is the minimum variance necessary
to afford relief; and
(7)Â
Whether feasible alternatives not requiring a variance are available.
C.Â
The Zoning Board of Appeals may attach conditions to variance approvals
as it deems necessary to minimize the impact the variance may have
on the neighborhood or community.
