A Zoning Board of Appeals shall be appointed by the Board of Trustees, pursuant to the provisions of § 7-712 of the Village Law of the State of New York.
The Zoning Board of Appeals shall consist of five members who shall serve without compensation, to be appointed by the Board of Trustees, which shall also designate a Chairperson.
The Mayor, with the approval of the Board of Trustees, may appoint for terms of one year no more than two alternate members to the Zoning Board of Appeals, who shall substitute on a rotating basis for members of the Zoning Board of Appeals, if and when designated by its Chair when a member shall become unable to participate because of a conflict of interest, absence, or for any other reason. When so designated, the alternate member shall possess all the powers and responsibilities of the member of the Board for whom he is sitting. Any such designation of an alternate member shall be entered into the minutes of the initial Zoning Board of Appeals meeting at which the substitution is made. All provisions of this article shall apply to alternate members. An alternate member who shall not be present at a meeting shall not be designated at such meeting.
The Board of Trustee may require Zoning Board of Appeals members to take and complete training and continuing education courses, from time to time, as may be adopted by resolution of the Board of Trustees.
Variances. The Zoning Board of Appeals shall have the power to grant use and area variances from the application of the provisions of the Village Code, pursuant to Village Law § 7-712-b.
Appeals. The Zoning Board of Appeals shall have the authority to hear and determine appeals from and review orders or decisions made by the building inspector or by any other Village officer authorized by the Board of Trustees to make determinations, orders or decisions, pursuant to Village Law § 7-712-b.
The unexcused absence from three meetings of the Zoning Board of Appeals by any member thereof in any calendar year shall be grounds for his removal by vote of the Board of Trustees after an opportunity to be heard, upon notice, at a meeting of the Board of Trustees.
The Zoning Board of Appeals shall adopt, by resolution, forms and submission requirements for an application or appeal before said Board; an application or appeal shall be made upon forms provided by the Village.
Applications. An application to the Zoning Board of Appeals for a variance shall be made by the fee owner of the subject property or by a contract vendee thereof, which application shall be filed together with seven copies thereof and with the appropriate filing fees and deposits, in the office of the Village Clerk.
Appeals. An appeal shall be filed by an aggrieved party, together with seven copies of the papers thereon, and with the appropriate filing fees and deposits, in the office of the Village Clerk.
Deposits. At the time of the submission of an application or an appeal to the Zoning Board of Appeals, the applicant or appellant shall deposit a sum as set forth in Chapter A243, Fees, Charges and Deposits, with the Village Clerk. Such sum shall be applied to the costs for which the applicant or appellant is liable, and in the event that said sum shall be insufficient or become fully expended, the applicant or appellant shall deposit such additional sums, from time to time, as may be demanded by the Village, which sums shall be paid within five days of demand; the failure to pay any such sums as herein provided shall be grounds, among any other remedies the Village may have, for the suspension of the application, appeal, decision or the like; the amount by which the total deposits exceed the sum for which the applicant or appellant is liable shall be refunded within 60 days after the rendering of a decision on the application or appeal.
Costs. Each applicant and appellant shall be liable for and shall pay the costs of the following, incurred by the Village as a consequence of the application or appeal:
The failure by an applicant to comply with any of the procedures or filing requirements set forth in this Zoning Chapter, or the existence of any outstanding violation against the subject property, shall be grounds for the rejection of the application or appeal.