A.
There shall be a Village of Scottsville Zoning Board of Appeals (ZBA).
Said board shall consist of five members. The method of appointment,
terms of office and tenure of its members shall be as prescribed by
law.
[Amended 1-12-2021 by L.L. No. 2-2021]
B.
The ZBA shall have all the powers and duties prescribed by New York
State Municipal Law and by this chapter.
C.
The ZBA shall appoint a Secretary and shall prescribe rules for the
conduct of its affairs.
D.
All meetings of the ZBA shall be open to the public. A quorum shall
consist of three members.
E.
Every decision by the ZBA shall be by resolution and shall contain
a full record of the findings of the Board in the particular case.
A.
Applications for any action by the ZBA shall be submitted to the
Village Office in the required number and form. Applications must
be submitted at least 15 days prior to any scheduled ZBA meeting in
order to be placed on the agenda of said meeting.
B.
The ZBA shall fix a time and place for a public hearing thereon and
shall provide for the giving of notice, as follows:
(4)
By mailed notice to the Municipal Clerk of any other municipality
if land involved in an application is within 500 feet of the boundary
of said municipality.
C.
Notice of the public hearing and a description of the applicant's
proposal shall be mailed to the Monroe County Planning Council in
any case where the land involved in an application is within 500 feet
of:
(1)
The boundary of any other municipality.
(2)
Any state or county park or other recreational area.
(3)
The right-of-way of any federal, state or county parkway, thruway,
expressway or other controlled access highway.
(4)
The right-of-way of any stream or drainage channel owned by the county
or for which the county has established channel lines.
(5)
The boundary of any state- or county-owned land on which a public
building or institution is situated.
D.
No action shall be taken on applications referred to the Monroe County
Planning Council until the Council's recommendation has been received
or 30 days have elapsed after the Council received the full statement
on the applicant's proposal.
E.
The fee for an application to the ZBA, other than a request from
the Code Enforcement Officer, shall be set forth from time to time
by resolution of the Board of Trustees.
A.
The ZBA shall, upon appeal, hear and decide:
(1)
Any matter where the applicant alleges that the Code Enforcement
Officer was in error in refusing to issue a building permit or certificate
of occupancy as a result of misinterpreting the meaning, intent or
application of any section or part of this chapter.
(2)
Any matter where the appellant alleges that the Code Enforcement
Officer was in error in his or her determination as to the exact location
of a district boundary line on the Zoning Map that forms a part of
this chapter.
(3)
Any matter which the Code Enforcement Officer appeals on grounds
of doubt as to the meaning or intent of any provision of this chapter
or as to the location of a district boundary line on the Zoning Map.
B.
Refund of the application fee will be granted if the Code Enforcement
Officer is in error.
A.
The ZBA shall have the power of passing on appeals where, as a result
of exceptional physical conditions connected with a particular site,
there are practical difficulties or unnecessary hardships in the way
of carrying out the strict letter of this chapter that would deprive
the owner of the reasonable use of the land or building involved,
to vary or modify the application of the regulations or provisions
of this chapter.
B.
Every decision by the ZBA granting a variance shall clearly set forth
the nature and extent of such variance.
C.
Every variance granted by the ZBA may be made subject to such additional conditions and safeguards as the Board shall deem to be applicable to the particular case. Violations of such conditions and safeguards that are a part of the Board's decision shall be deemed a violation of this chapter punishable under the provisions of § 170-67.
D.
Any variance granted by the ZBA pursuant to the provisions of this
section shall be construed to be a nonconforming use.
For every variance in the strict application of any provision
of this chapter, the ZBA shall follow the procedures and use the governing
standards for use and area variances set forth in Village Law § 7-712-b,
Subdivisions 2 and 3.
In the instances of the following types of variances, the ZBA is hereby specifically empowered to grant the variance pursuant to the guiding principles and general standards stated in §§ 170-54 and 170-55 and to the following provisions:
A.
With respect to lots lying across district boundary lines:
(1)
To grant a permit, in appropriate cases, where the lot of the applicant,
as such lot existed on the effective date of this chapter, lies across
the boundary of two districts, for the extension into the more restrictive
district of a lawful conforming use permitted in the less restrictive
district, but for a distance not exceeding 50 feet measured at right
angles to such district boundary line.
B.
With respect to nonconforming uses, buildings and lots:
(1)
To grant a permit for the enlargement or extension of a nonconforming
use or building on the lot occupied by such use or building on the
effective date of this chapter, provided that:
(a)
Such enlargement or extension was arranged, intended or designed
for such nonconforming use or building on the effective date of this
chapter.
(b)
Such enlargement or extension shall not exceed in all 50% of
the replacement cost of the existing building on the effective date
of this chapter, exclusive of foundations.
(2)
To grant a permit for the reconstruction, structural alteration,
restoration or repair of a building or structure used for a nonconforming
use, to an extent exceeding in aggregate 50% of the replacement cost
of such building or structure, exclusive of foundations.
E.
With respect to accessory parking and truck loading spaces:
(1)
To waive the requirements of § 170-27 for off-street parking and truck loading spaces, in whole or in part, in a case where the municipality owns or operates a public parking and/or truck loading area within 500 feet of the lot and where the ZBA determines that there is no need for additional facilities.
(2)
To waive the requirements of § 170-27 for off-street parking and/or truck loading spaces, in whole or in part, after making a finding that the normal application of such requirements is infeasible because:
(3)
To permit a reduction in the number of off-street parking spaces and/or truck loading spaces originally required and installed for a particular use pursuant to § 170-27, in cases where the ZBA determines that, by reason of diminution in number of dwelling units or residents or in floor area, seating capacity or area, number of employees, or change in other factors determining the demand for such spaces, the proposed reduction in available spaces will be consistent with the requirements of § 170-27; and further provided that the area so withdrawn from these uses remains in reserve for potential future increases in need.
F.
With respect to temporary building permits:
(1)
To grant a temporary building permit for a period not to exceed one
year for a nonconforming building, structure or use incidental to
a building or other construction project, including such uses as the
storage of building supplies and machinery, a real estate office or
model houses located on or near a tract of land where individual properties
are being offered for sale, provided that:
(a)
Such temporary permit shall be issued only upon written agreement
by the owner or his or her agent to remove such building, structure
or use or to convert it to a conforming use upon expiration of the
permit.
(b)
Such permit shall be subject to such reasonable conditions as
said ZBA shall determine to be necessary to protect the public health,
safety, morals or general welfare.
(2)
Such permit may be renewed annually at the direction of the ZBA.
