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.
A.
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.
B.
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.
A.
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.
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.
A.
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.
B.
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.
C.
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.
D.
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:
E.
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.
