Village of Monroe, NY
Orange County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Monroe 12-4-1990 by L.L. No. 6-1990.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Planning Board — Se Ch. 56.
Zoning — See Ch. 200.
[1]
Editor's Note: L.L. Nos. 5-2017 and 6-2017, both adopted 6-13-2017, redesignated §§ 200-96 and 200-96.1 of Ch. 200, Zoning, to be this new Chapter 57.
A. 
Creation. There shall be a Zoning Board of Appeals of five members and an additional two alternate members, pursuant to the provisions of § 7-712 of the Village Law.
[Amended 7-17-2007 by L.L. No. 4-2007; 6-13-2017 by L.L. No. 6-2017; 1-19-2021 by L.L. No. 2-2021]
(1) 
Terms of members first appointed. In the creation of a new Board of Appeals, or the reestablishment of terms of an existing Board, the appointment of members to the Board shall be for a term of five years so fixed that one member's term shall expire at the end of the Village's official year in which such members were initially appointed. The remaining members' terms shall be so fixed that one member's term shall expire at the end of each official year thereafter. At the expiration of each original member's appointment, the replacement member shall be appointed by the Board of Trustees for a term which shall be equal in years to the number of members of the Board.
(2) 
Terms of members now in office. Members now holding office for terms which do not expire at the end of the Village official year shall, upon the expiration of their term, hold office until the end of the Village's official year and their successors shall then be appointed for terms which shall be for a term of five years.
B. 
Residency. Every member of the Zoning Board of Appeals, at the time of his/her appointment and throughout his/her term of office, shall be a resident of the Village.
C. 
Vacancies. Vacancies shall be filled by appointment by the Mayor for the unexpired term.[1]
[Amended 6-13-2017 by L.L. No. 6-2017]
[1]
Editor's Note: Original Subsection D, Officers, which immediately followed this subsection, was repealed 6-13-2017 by L.L. No. 6-2017.
D. 
Chairperson. The Mayor, subject to the approval of Village Board of Trustees, shall designate a member of the Zoning Board of Appeals to act as Chairperson pursuant to the provisions of § 7-712 of the Village Law.
[Added 6-13-2017 by L.L. No. 6-2017]
E. 
Employees and expenses. The Village Board of Trustees shall have the power and authority to employ legal counsel and such other experts and staff, including a secretary or clerk (who is not a member of the Board and whose salary is to be fixed by the Village Board of Trustees), to serve the Zoning Board of Appeals (upon the request and recommendation of that Board), and to pay for their services and such other expenses as may be necessary and proper, not exceeding, in all, the appropriation that may be made for such Board.
[Added 6-13-2017 by L.L. No. 6-2017[2]]
[2]
Editor's Note: This local law also redesignated original Subsections E through G as Subsections F through H, respectively.
F. 
Quorum. No hearing or meeting of the Board shall be held nor any action taken in the absence of a quorum. A quorum shall consist of at least three members of the Zoning Board of Appeals.
G. 
Voting. All matters before the Zoning Board of Appeals shall be decided by a roll-call vote. Decisions on any matter before the Board shall require the affirmative vote of a majority of the entire membership. A tie vote, or a favorable vote by a lesser number than the required majority, shall be considered a rejection of the matter under consideration.
H. 
Conflict of interest. No member of the Zoning Board of Appeals shall sit in a hearing or vote on any matter in which he/she possesses a conflict of interest. Said member shall not be counted by the Board in establishing the quorum for such matter.
[Added 7-17-2007 by L.L. No. 4-2007]
A. 
Appointment. Alternate members of the Zoning Board of Appeals shall be appointed by the Mayor, subject to the approval of the Board of Trustees, for fixed terms.
B. 
Duties and responsibilities. Alternate members of the Zoning Board of Appeals shall have all duties and responsibilities set forth in Village Law § 7-712 and shall substitute for regular Board member(s) who are unable to participate because of a conflict of interest.
C. 
Term of office. The term of each alternate member shall be for a term of five years so fixed that one member's term shall expire at the end of the Village's official year in which such members were initially appointed. Alternates now holding office for terms which do not expire at the end of the Village official year shall, upon the expiration of their term, hold office until the end of the Village's official. year and their successors shall then be appointed for terms which shall be for a term of five years.
[Amended 1-19-2021 by L.L. No. 2-2021]
D. 
Vacancy. In the event an alternate position shall become vacant for any reason, a successor shall be appointed to fill the vacancy until the next June 1, at which time the alternate member shall commence his or her four-year term.