Establishment. Pursuant to the Town Law of the State of New York, Article 16, § 267, Chapter 62 of the Consolidated Laws, there shall be a Zoning Board of Appeals (also referred to as "Board of Appeals" or ZBA in this chapter).
Zoning Board of Appeals heretofore established. The Board of Appeals heretofore established shall continue to function under the provisions of this chapter, and the members thereof may continue in office until their respective terms expire.
Secretary. The Board is authorized to employ a Secretary or Clerk, who is not a member of the Board, at a salary to be fixed by the Town Board.
General grant of power. The Board of Appeals shall perform all the duties and have all the powers as prescribed by the Town Law and as herein more particularly provided.
Rules of procedure. The Board shall adopt and file in the Town Clerk's office such rules of procedure, not inconsistent with the provisions of Town Law and local ordinance, as it may deem necessary to the proper performance of its duties and the proper exercise of its powers. The existing rules and regulations of the Board of Appeals heretofore established, insofar as not inconsistent with this chapter, are hereby continued in force and effect, until amended or repealed by the Board.
Meetings. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. All meetings shall be open to the public.
Prior to taking any action on any application before it, the Zoning Board of Appeals shall advertise a public hearing in a newspaper of general circulation within the Town at least five days prior to the date of the hearing.
In addition, the applicant shall send a copy of the notice of public hearing by certified mail, return receipt requested, to the owners of all property within 300 feet of the property which is the subject of the variance application or zoning interpretation as the names and addresses of said owners appear on the latest assessment roll of the Town. Such notice shall be mailed at least five days prior to the hearing. Proof of such mailings and receipts for same shall be filed with the Zoning Board prior to, or at the time of, said hearing.
Property near municipal boundary. In any matter which relates to a property which lies within 500 feet of the boundary of another municipality, the Secretary of the Board of Appeals shall transmit to the Municipal Clerk of such other municipality a copy of the official notice of the public hearing on such matter, not later than one day after publication thereof. Such other municipality shall have the right to appear and to be heard at such public hearing.
Minutes and records. The Secretary shall keep minutes of the Board's proceedings showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact. The Secretary shall keep records of the Board's examinations and official actions, all of which shall be immediately filed in the office of the Board and shall be a public record. A card index record of all variances and special uses granted pursuant to action of the Board under this chapter shall be maintained in an alphabetical street file, and the location of such variances and special uses shall be marked upon a copy of the Zoning Map. Said file and said map shall be available for public inspection.
Short title and applicability. This § 57-63.1 shall be known and may be cited as the "Alternate Zoning Board of Appeals Members Act." This section shall apply to the appointment, term, functions, and powers of alternate members to serve on the Zoning Board of Appeals in and of the Town of Monroe.
Policy. It is sometimes difficult to maintain a quorum of the Zoning Board of Appeals because members are ill or on vacation, or find they have a conflict of interest on a specific matter before such Board. In such instances, official business cannot be conducted, which may delay or impede adherence to required timelines. The use of alternate members in such instances is hereby authorized pursuant to the provisions of this section.
Definitions. As used in this section, the following terms shall have the following meanings indicated:
- ALTERNATE MEMBER
- An individual appointed by the Town Board to serve on the Town of Monroe Zoning Board of Appeals when a regular member is absent or otherwise unable to participate on an application matter before the Zoning Board of Appeals as provided for in the policy herein.
- An individual appointed by the Town Board to serve on the Town of Monroe Zoning Board of Appeals pursuant to the provisions of the Town of Monroe Town Code.
- ZONING BOARD OF APPEALS
- The Zoning Board of Appeals of the Town of Monroe as established by the Town Board of the Town of Monroe by local law, pursuant to the provisions of § 267 of the Town Law.
Authorization/effect. The Town Board of the Town of Monroe hereby enacts this section to provide a process for appointing two alternate members (Alternate A and Alternate B).
Alternate members of the Zoning Board of Appeals shall be appointed by the Town Board of the Town of Monroe for a term of five years. The first such persons appointed to each be an alternate member of the Zoning Board of Appeals shall have a term which expires on December 31, 2014. Any vacancy created by the resignation, death, or disqualification of an alternate member shall be for the remainder of the term of which the prior alternate member was appointed for.
The Chairperson of the Zoning Board of Appeals shall designate an alternate to substitute for a member when such member is unable to participate on an application or matter before the Board or otherwise absent pursuant to the policy set forth in this section. The Chairperson shall, provided both alternates are present, alternate the assignment of the alternate members so each serves in such capacity, with Alternate A serving on the first occasion that an alternate member for the Zoning Board of Appeals is required. When so designated, the alternate member shall possess all the powers and responsibilities of such member of the Board. Such designation of the alternate member shall be entered into the minutes of the initial Zoning Board of Appeals meeting at which the substitute is made.
All provisions of state law relating to the Zoning Board of Appeals member eligibility, vacancy in office, removal, compatibility of office and service on other boards, as well as any provision of any state and local law/ordinance relating to training, continuing education, compensation and attendance, shall also apply to alternate members; provided, however, that no compensation shall be paid for the year 2010 to any alternate member.
Supersession of Town Law. This section is hereby adopted pursuant to the provisions of § 10 of the Municipal Home Rule Law and § 10 of the Statute of Local Governments. It is the intent of the Town Board of the Town of Monroe, pursuant to § 10 of the Municipal Home Rule Law, to supersede the provisions of § 267 of the Town Law relating to appointment of members of the Town of Monroe Zoning Board of Appeals.
The Board of Appeals is hereby authorized, upon an appeal, to hear and decide:
Any matter where an appellant alleges that the Building Inspector 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.
Any matter where an appellant alleges that the Building Inspector was in error in his determination as to the exact location of a district boundary line on the Zoning Map that forms a part of this chapter.
Any other matter relating to this chapter, where an appellant seeks a review of any decision, order or ruling made by the Building Inspector.
Any matter which the Building Inspector 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.
General delegation of power. The Board of Appeals, pursuant to § 267-a and 267-b of Article 16 of the New York State Town Law, shall have power in passing on appeals, where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, to do the following:
Vary or modify the application of any of the regulations or provisions of this chapter relating to the use, construction or structural changes in equipment or alteration of buildings or structures or the use of land, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done.
Any variance granted by the Board of Appeals pursuant to the provisions of this section shall be construed to be a nonconforming use or building.
Every variance granted by the Board of Appeals shall be based upon and accompanied by a specific finding or findings, supported by evidence produced at a public hearing in the manner provided by law, to the effect that the exceptional circumstances of the particular case are such as to constitute practical difficulties or unnecessary hardships in the way of carrying out the strict application of the regulations of this chapter. Notice of such public hearing shall be given as provided by law.
Every variance granted by the Board of Appeals shall be designed by the Board to safeguard the public health, safety, morals and general welfare and shall be further designed to provide reasonable consideration, among other things, to the character of the neighborhood or district, the conservation of property values and the direction of building development in accordance with a comprehensive plan and shall not involve substantial detriment to the public good nor substantially impair the intent and purpose of the zone plan and of this chapter.
Every variance granted by the Board of Appeals shall, in appropriate cases, be made subject to such conditions and safeguards as the said Board shall deem to be applicable to the particular case.
Specific types of variances. In conformity with its general power to vary or modify the provisions of this chapter, as provided in § 57-65A and pursuant to the guiding principles stated in § 57-65B, the Board of Appeals is hereby specifically empowered to do the following:
Grant a permit, in appropriate cases, where a lot of the appellant, as such lot existed at the time of the effective date of this chapter, lies across the boundary of two districts, for the extension into the more restricted district of a lawful conforming use permitted in the less restricted district, but for a distance not exceeding 50 feet measured at right angles to such district boundary.
Grant a permit for the enlargement or extension of a nonconforming use or building on the lot occupied by such use or building at the effective date of this chapter, provided that such enlargement or extension was arranged, intended or designed for such nonconforming use at the effective date of this chapter and further provided that such enlargement or extension shall not exceed in all 75% of the fair market value of such use or existing building at the effective date of this chapter.
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 cost 75% of the fair market value of each such building or structure.
Grant a certificate of occupancy for a change in a nonconforming use, provided that the Board shall have made a determination that such change will be beneficial to the general neighborhood and further provided that such change be made subject to such reasonable conditions and safeguards as the Board may stipulate.
Grant variances to exempt a building, in whole or part, from the front yard requirement of the district in which such building is situated, in cases where such building is adjacent to an existing building or buildings which have nonconforming front yards; provided, however, that such buildings shall not be permitted to have a front yard of a depth less than that of the average of the two immediately adjoining buildings or than that of the only adjoining building when only one exists.
Grant a variance modifying the side yard requirements on the side street frontage of a corner lot, in cases where such requirements would unduly reduce the buildable width of such corner lot.
Waive the requirements of § 57-49 for accessory parking areas, in whole or in part, in a case involving lack of need for such parking areas, where the lot is within 500 feet of a municipal parking area owned or operated by the Town, measured in a straight line between the nearest point of such parking area and the nearest point of such lot.
Waive the requirements of § 57-49 for accessory parking areas, in whole or in part, after making a finding that the normal application of such requirements is infeasible because:
Permit a reduction in the number of parking spaces in accessory garages or parking areas originally provided and installed pursuant to the requirements of § 57-48 or 57-49 in cases where proof is furnished to the Board that by reason of diminution in number of dwelling units or residents or in floor area, which are factors determining the demand for parking spaces, the proposed reduction will be consistent with the requirements of said §§ 57-48 and 57-49.
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 and a real estate office located on a tract of land where individual properties are being offered for sale, provided that such temporary permit shall be issued only upon written agreement by the owner or his agent to remove such building or structure upon expiration of such permit and further provided that such permit shall be subject to such reasonable conditions as the Board shall determine to be necessary to protect the public health, safety and general welfare. Such permit may be renewed annually, at the discretion of the Board, over a period not to exceed three years.
Any area or use variance granted by the Zoning Board of Appeals, or any variance granted under Subsection C(2), (3), (6) or (7), shall be deemed expired if the physical improvements associated with that variance are not completed by the recipient of the variance, and a certificate of occupancy or certificate of completion issued by the appropriate Town official, within two years of the filing of the variance with the Town Clerk, unless a longer period is specified in the decision of the Zoning Board of Appeals. Nothing shall preclude the applicant who receives a variance from seeking a rehearing on the decision granted to seek an extended period of time to complete the improvements and receive the certificate of occupancy or certificate of completion for the improvement which is enabled in part or in all by the variance which was granted.