The purpose of this article is to provide for relief from the
requirements of this chapter to allow, in accordance with the terms
and conditions of this article, for the use of land in a manner which
is not allowed by the dimensional or physical requirements of the
applicable zoning regulations, and for the use of land for a purpose
which is otherwise not allowed or is prohibited by the applicable
zoning regulations, and for the reversal, affirmation or modification,
in whole or in part, of an order, requirement, decision, interpretation
or determination made by the Village's Zoning Officer.
The Village's Zoning Board of Appeals (ZBA) is an appellate
body whose jurisdiction shall be limited to hearing and deciding appeals
from and reviewing any order, requirement, decision, interpretation,
or determination made by the Village's Zoning Officer.
A. Regular members. The Zoning Board of Appeals shall consist of four
regular members and one chairperson, all of whom shall be Village
residents serving in a volunteer capacity. Each regular member and
the chairperson of the Board shall be appointed by the Mayor of the
Village and approved by a majority vote of the Village's Board of
Trustees.
B. Alternate member. The Mayor also shall appoint, subject to approval
by the Board of Trustees, one alternate member who shall be a Village
resident serving in a volunteer capacity. The chairperson of the Zoning
Board of Appeals may designate the alternative member to be an active
member when a regular member is unable to attend a Board meeting or
is unable to participate in a Board meeting because of a conflict
of interest on an application or matter before the Board. When so
designated, the alternate member shall possess all the powers and
responsibilities of a regular member of the Board. Such designation
shall be entered into the minutes of the Board meeting at which the
alternate member is designated to act as a regular member.
C. Terms.
(1)
The terms of all Zoning Board of Appeals regular members and
the chairperson shall be five years and staggered such that one term
shall expire at the end of each Village official year.
(2)
The term of the Zoning Board of Appeals alternate member shall
be one year and shall expire at the end of the Village official year.
D. Attendance. All Zoning Board of Appeals regular members and the chairperson
shall be required to attend a minimum of 65% of all regularly scheduled
meetings within any consecutive twelve-month period. Any regular member
and/or the chairperson may be removed by the Mayor of the Village,
after a public hearing, for noncompliance with this attendance requirement.
E. Powers. The Zoning Board of Appeals is hereby vested with the powers
and duties and is subject to the limitations as set forth in by § 7-712
of the Village Law of the State of New York, including §§
7-712(a) through (c), as the same may be amended, modified or changed
from time to time, and any sections subsequently adopted pertaining
to Zoning Board of Appeals.
(1)
Use variances.
(a)
The Zoning Board of Appeals shall have the power, upon an appeal
from a decision or determination of the Village's Zoning Officer,
to grant use variances authorizing a use of land which otherwise would
not be allowed or would be prohibited by this chapter.
(b)
No such use variance shall be granted by the Zoning Board of
Appeals without a showing by the applicant that applicable zoning
regulations and restrictions have caused unnecessary hardship. In
order to prove such unnecessary hardship, the applicant shall demonstrate
to the Board that:
[1]
For each and every permitted use under the zoning regulations
for the particular district where the property is located, the applicant
cannot realize a reasonable return from the property in question,
provided that lack of return is substantial as demonstrated by competent
financial evidence, as determined in the sole discretion of the Zoning
Board of Appeals; and
[2]
The alleged hardship relating to the property in question is
unique, and does not apply to a substantial portion of the district
or neighborhood; and
[3]
The requested use variance, if granted, will not alter the essential
character of the neighborhood; and
[4]
The alleged hardship has not been self-created.
(c)
The Zoning Board of Appeals, in granting a use variance, shall
grant the minimum variance that it shall deem necessary and adequate
to address the unnecessary hardship proven by the applicant and at
the same time preserve and protect the character of the neighborhood
and the health, safety and welfare of the community.
(2)
Area variances.
(a)
The Zoning Board of Appeals shall have the power, upon an appeal
from a decision or determination of the Village's Zoning Officer,
to grant area variances from area or dimensional requirements of this
chapter.
(b)
In making its determination, the Zoning 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 by the grant of such
variance. In making such determination, the Board shall also consider
whether:
[1]
An undesirable change will be produced in the character of the
neighborhood or a detriment to nearby properties will be created by
the granting of the area variance;
[2]
The benefit sought by the applicant can be achieved by some
method, feasible for the applicant to pursue, other than an area variance;
[3]
The requested area variance is substantial;
[4]
The proposed variance will have an adverse effect or impact
on the physical or environmental conditions in the neighborhood or
district; and
[5]
The alleged difficulty was self-created, which consideration
shall be relevant to the decision of the Board but shall not necessarily
preclude the granting of the area variance.
(c)
The Zoning Board of Appeals, in the granting of area variances,
shall grant the minimum variance 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.
(3)
Imposition of conditions. The Zoning Board of Appeals shall,
in the granting of use variances and area variances, have the authority
to impose such reasonable conditions and restrictions as are directly
related to and incidental to the proposed use of land. Such conditions
shall be consistent with the spirit and intent of this chapter and
shall be imposed for the purpose of minimizing any adverse impact
such variance may have on the neighborhood or community.