The Board of Appeals (ZBA) shall have the authority to review
and approve requests for variances, to hear appeals from a decision
of the Code Enforcement Officer, and to decide any question involving
the interpretation of a provision or definition contained in this
chapter.
A property owner(s) or his agent(s) may initiate a request for
a variance by filing an application with the Board of Appeals using
forms supplied by the Board. The application shall include a copy
of the Tax Map which shows the property and neighboring uses of property
and a map drawn to scale showing all existing and proposed structures,
driveways, property lines, neighboring buildings, if applicable, and
natural features of the site, including wetlands and drainageways.
Neighbors immediately adjoining the site shall be notified by mail
of any application for a variance at said site. Application and all
supporting documentation should be in by 4:00 p.m. on the first business
day of the month. All application fees shall be set as outlined in
§ 350-7-10 of this chapter.
A.
Area variances may be granted where the dimensional or physical requirements
of this chapter cannot be reasonably met, including but not limited
to: minimum lot size, minimum lot width, minimum road frontage, minimum
side and rear yards, minimum green space buffer, maximum lot coverage
by buildings, maximum height of buildings and size or height of signs.
B.
In making its determination the Board of Appeals shall take into
consideration the benefit to the applicant if the variance is granted
as weighed against the detriment to the health, safety and welfare
of the neighborhood or community. In making such determination the
Board shall also consider:
(1)
Whether an undesirable change in the character of the neighborhood
will be produced or a detriment to nearby properties will be created
by the granting of the area variance.
(2)
Whether the benefit sought by the applicant can be achieved
by some method, feasible for the applicant to pursue, other than an
area variance.
(3)
Whether the requested variance is substantial.
(4)
Whether the proposed variance will have an adverse impact on
the physical or environmental conditions in the neighborhood.
(5)
Whether the alleged difficulty was self-created, which consideration
shall be relevant to the Board of Appeals but shall not necessarily
preclude the granting of the area variance.
C.
The ZBA shall only grant the minimum variance that it shall deem
necessary and adequate to address the unnecessary hardship and at
the same time preserve and protect the character of the neighborhood
and the health, safety and welfare of the community.
A.
A use variance may be granted to allow land to be used for a purpose
which is otherwise not permitted by this chapter.
B.
No such use variance shall be granted by the Board of Appeals without
a showing by the applicant that the zoning regulations and restrictions
have caused unnecessary hardship. In order to prove such unnecessary
hardship the applicant shall demonstrate to the Board of Appeals all
of the following:
(1)
That for each and every permitted use or special permitted use
within the zone where the property is located the applicant cannot
realize a reasonable return, provided that lack of return is substantial
and is established by competent financial evidence.
(2)
That the alleged hardship relating to the property in question
is unique and does not apply to a substantial portion of the district
or neighborhood.
(3)
That the requested use variance, if granted, will not alter
the essential character of the neighborhood.
(4)
That the alleged hardship has not been self-created.
C.
The ZBA shall only grant the minimum variance that it shall deem
necessary and adequate and at the same time preserve and protect the
character of the neighborhood and the health, safety and welfare of
the community.
In the granting of variances the Board of Appeals shall have
the authority to impose such reasonable conditions as are related
to the use of the property and/or the period of time the variance
shall be in effect. Such conditions shall be imposed for the purpose
of minimizing any adverse impact such variance may have on the neighborhood
or community.
Any appeal from a decision of the Code Enforcement Officer shall
be made within 60 days after the Code Enforcement Officer makes and
files said decision.
An appeal shall stay all proceedings in furtherance of the action
appealed from unless the Code Enforcement Officer certifies to the
Board of Appeals that, by reason in the facts stated in the certificate,
a stay would, in his or her opinion, cause imminent peril to life
or property, in which case proceedings may not be stayed otherwise
than by restraining order which may be granted by the Board of Appeals
or by a court of record.
Applications to the Board of Appeals shall be processed in the
following steps. The Board of Appeals shall comply with all of the
requirements of §§ 7-712-a and 7-712-b of the Village
Law.
A.
Review.
(1)
The Board of Appeals shall undertake a preliminary review of
an application at its first regularly scheduled monthly meeting after
the application is submitted. At the preliminary review the Board
shall determine whether the application is complete. If the application
is deemed to be incomplete, then the applicant shall be notified,
in writing, of what further information is required. If the application
is considered to be complete, then the Board shall proceed to schedule
a public hearing.
(2)
The Board of Appeals shall follow the application requirements
of the New York State Environmental Quality Review Act (SEQRA).
(3)
The Board shall schedule a public hearing within 62 days of
receipt of a complete application and shall provide notice of such
hearing by publication in a newspaper of general circulation in the
Village at least five days prior to the date thereof.
(4)
As required by state law, certain applications shall be forwarded
to the Washington County Planning Board.
(5)
The Board of Appeals shall conduct a public hearing on the matter.
Within 62 days of the final public hearing, the Board shall render
a decision to approve, disapprove or approve with modifications or
conditions. Said time period may be extended by mutual consent of
the applicant and the Board. All decisions shall be in writing, shall
be filed with the Village Clerk within five business days of the decision,
and a copy thereof shall be provided to the applicant.
A.
Meetings shall be held at such times as the Board may determine or
at the call of the Chairman.
B.
A quorum shall consist of three members, but in order to approve
a special use or a variance, or reverse a decision of the Code Enforcement
Officer, an affirmative vote of at least three members shall be required.
C.
The Board shall keep minutes of its proceedings showing the vote
of each member upon each question.
D.
All meetings and hearings of the Board shall be public.
E.
Every decision of determination of the Board of Appeals shall be
in writing and shall be filed in the office of the Village Clerk within
five business days and shall be public record.
Costs required are to be paid by the applicant for the Board
of Appeals process and shall be established by resolution of the Village
Board of Trustees.
Any appeals of a decision of the Zoning Board of Appeals must
be brought in the applicable court and within the time frames contained
in the Village Law of the State of New York.
