Town of LeRoy, NY
Genesee County
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[HISTORY: Adopted by the Zoning Board of Appeals of the Town of LeRoy. Amendments noted where applicable.]
GENERAL REFERENCES
Planning Board and Zoning Board of Appeals — See Ch. 28.
Zoning — See Ch. 165.
The Board of Zoning Appeals shall be governed by the provisions of all applicable state statutes, local laws, ordinances and these rules. As such, the jurisdiction of this Board shall be appellate only and shall be limited to hearing and deciding appeals from and reviewing any order, requirement, decision, interpretation, or determination made by the administrative official charged with the enforcement of any ordinance or local law adopted pursuant to this chapter.
A. 
A Chairman shall be appointed by the Town Board annually.
B. 
Secretary. The Town Board shall annually appoint, by majority vote, a Secretary. The Secretary shall keep all records, conduct all correspondence of the Board and supervise the clerical work of the Board. The Secretary shall keep a minute book of the proceedings of each meeting and each hearing, which shall include the vote of each member on each question or, if absent or failing to vote, indicating such fact, the names and addresses of all witnesses, a summary of the facts on which the decision is based and the decision rendered, and other official actions of the Board. The Secretary, in his discretion, may employ a stenographer to record and/or transcribe any testimony or proceeding before the Board. Such stenographer shall be an employee of the Board and shall be paid from funds budgeted by the Town Board for use by the Zoning Board of Appeals.
[Amended 9-11-1989]
A. 
Quorum. A quorum shall consist of four voting members of the Board.
B. 
Time of meeting.
(1) 
Regular meetings shall be held on the fourth Tuesday of each month, on an as-needed basis, at 7:30 p.m. or at such other hour as the Chairman may designate. The first regular meeting in April shall constitute the annual organization meeting of the Board.
(2) 
Special meetings may be called by the Chairman at any time, provided that at least 48 hours' notice shall be given each member before a special meeting is held. The Chairman shall call a special meeting within 10 days of receipt of a written request from any two members of the Board.
C. 
Cancellation of meetings. Whenever there are no appeals for special exceptions or variances or other pertinent business to be considered at a regular meeting, the Chairman may dispense with such meeting by so notifying each member at least 48 hours prior to the time set for such meeting.
D. 
Order of business. The order of business shall be:
(1) 
Roll call.
(2) 
Public hearings.
(3) 
Approval of minutes.
(4) 
Action on held cases.
(5) 
Action on new cases.
(6) 
Other business.
(7) 
Adjournment.
E. 
Voting and disqualification of members. All matters shall be decided by roll call vote. Decisions on matters requiring public hearings and which reverse any order, requirement, decision or determination made by the Code Enforcement Officer or to decide in favor of the applicant any matter upon which he is required to determine under any such an ordinance or to grant any variance from the requirements of such an ordinance shall require the affirmative vote of four voting members of the Board present at such hearing; other matters shall be decided by majority vote. No member of the Board shall sit in hearing or vote on any matter in which he shall be personally or financially interested, nor shall be vote on the determination of any appeal unless he shall have attended the public hearing thereon.
A. 
Matters requiring public hearings. A public hearing shall be required in all matters involving an appeal from any order, requirement, decision or determination by the Code Enforcement Officer arising from the enforcement of the Zoning Ordinance;[1] an appeal for a variance from the terms of the Zoning Ordinance; an appeal for an exception as specified in the Zoning Ordinance; a question involving the interpretation of the Zoning Ordinance.
[1]
Editor's Note: See Ch. 165, Zoning.
B. 
Notice of hearings. No appeal shall be decided until after due notice has been given and a public hearing has been held thereon. Due notice of a hearing shall be as follows:
(1) 
By publication of a notice thereof once in one official paper of the Town at least 14 days before the date of hearing.
(2) 
The Board shall mail notice of the hearing to the appellant or applicant or his attorney or agent at least 14 days before the date of the hearing.
(3) 
The Board shall also, insofar as practicable, mail notices of the hearing of an appeal to all property owners as appear on the latest tax roll of the Town, within a two-hundred–fifty-foot radius of the premises affected by the appeal. Such notices shall be mailed to the street address of the properties within the two-hundred–fifty-foot radius regardless of whether or not the owner resides therein, unless the Board has definite knowledge of other addresses of absentee owners. Notice of the hearing shall also be sent to the Councilmen of the district within which the property described in the application is located. Compliance with this subsection shall not be a condition precedent to proper legal notice, and no hearing or action taken thereon shall be deemed invalid or illegal because of any failure to mail the notice provided for in this subsection.
C. 
Conduct of public hearings.
(1) 
Any person may appear in person, by agent or attorney at any public hearing. The order of proceedings in the hearing of each case at a public hearing shall be as follows:
(a) 
Reading of public notice for the hearing by the Chairman.
(b) 
Reading of pertinent written comments or reports concerning the appeal.
(c) 
Witnesses in favor of the appeal.
(d) 
Witnesses in opposition to the appeal.
(e) 
Rebuttals.
(2) 
The Chairman or any member of the Board may require any witness to swear or affirm that his or her statements of fact are true.
D. 
Rehearings. No request for a reconsideration of a decision shall be accepted at any time if it appears that no substantial change in facts, evidence or conditions has occurred in regard to the neighborhood. Whether or not a change in facts, evidence or conditions has occurred shall be determined by the Board of Zoning Appeals before the application is accepted and placed on the calendar.
A. 
Time limit for appeals. An appeal must be made within 60 days after the action of the Code Enforcement Officer which is being appealed from.
B. 
Filing of appeals. The applicant shall file his appeal in duplicate with the Secretary of the Board on forms available at the office of the Town Clerk, 48 Main Street, LeRoy, New York, one copy of which shall be forwarded to the Code Enforcement Officer by the Secretary. Appeals for exceptions and variances shall be accompanied by an accurate and intelligible plan, drawn to a suitable scale. A nonreturnable fee in an amount as determined by the Town Board shall be paid to the Secretary of the Board upon filing an appeal. (Check or money orders shall be payable to the Board of Zoning Appeals.) Appeals shall be signed by property owners or a certified agent.
C. 
Calendar. The appeal shall be placed on the calendar of the Board of Zoning Appeals when the Board has substantial factual information to hear the case.
D. 
Amendments and withdrawals. The applicant may not amend or withdraw his application after the official notice of the public hearing has been transmitted to the official paper for publication.
A. 
Forms of decisions. All decisions of the Board of Zoning Appeals shall be by resolution and must be made within 62 days of any public hearing. The basis for the determination of each appeal and a detailed summary of the facts upon which the determination is made shall be recorded in the decision and shall constitute a part of the record thereof. In the case of variances, the decisions shall state the exceptional difficulty or unusual hardship upon which the appeal was based and which the Board found present. The decisions shall also state in detail what conditions and safeguards are required.
B. 
Expiration of permits. Unless otherwise specified, any order or decision of the Board granting a special exception shall expire if a building or occupancy permit is not obtained by the applicant within 90 calendar days from the date the decision becomes final.
C. 
Filing of decision. The decision of the Board shall become final on the date of entry of such order with the Secretary of the Board of Zoning Appeals and service of a copy of its decision and notice of filing with the appellant or his attorney or agent. Copies of the decision shall also be sent to the Code Enforcement Officer, the Town Assessor's office and the Town Planning Board. The decision must be filed with the Town Clerk within five business days after the day such decision is rendered.