A.
A Board of Zoning Appeals is hereby created. Said
Board shall consist of five members appointed by the Town Board, who
shall also designate a Chairman. No person who is a member of the
Town Board shall be eligible for membership on such Board of Appeals.
Of the members of the Board, the first appointed one shall hold office
for the term of one year; one for the term of two years; one for the
term of three years; one for the term of four years; and one for the
term of five years from and after his appointment. Their successors
shall be appointed for the term of five years from and after the expiration
of the terms of their predecessors in office. If a vacancy shall occur
other than by expiration of a term, it shall be filled by the Town
Board by appointment for the length of the unexpired term.
B.
The Board of Appeals shall establish such rules and
regulations as are required by state and local laws for the transaction
of their business and may amend, modify and repeal the same from time
to time.
C.
Whenever the Board of Appeals, after hearing all the
evidence presented upon an application for appeals under the provisions
of this chapter, denies or rejects the same, said Board shall refuse
to hold further hearings on the same or substantially similar application
for appeal by the same applicant, their successors or assigns, for
a period of one year, except and unless the Board shall find and determine
from the information supplied in the request for a rehearing that
changed conditions have occurred relating to the promotion of public
health, safety, convenience, comfort, prosperity and general welfare
and that a reconsideration is justified. Such rehearing may be granted
only upon the favorable vote of a majority of the Board, plus one.
The Board of Appeals shall have all the powers
and duties prescribed by Chapter 62, § 267 of the Town Law
of the State of New York and by this chapter which are more particularly
specified as follows:
A.
Administrative review.
(1)
The Board of Appeals shall hear and decide appeals
where it is alleged there is error in any order, requirement, decision
or determination made by an administrative officer or body in the
enforcement of this chapter.
(2)
The Board of Appeals may reverse or affirm wholly,
partly or may modify the order, requirement, decision or determination
appealed from and shall make such order, requirement, decision or
determination as in its opinion ought to be made, and to that end
shall have all the powers of the officer from whom the appeal is taken.
(3)
The Board of Appeals shall hear and decide on interpretive
matters where the provisions of this chapter, including the determination
of exact district boundaries, are not clear.
B.
Variances.
(1)
The Board of Appeals is empowered to authorize, upon
appeal in specific cases, such variance from the terms of this chapter
as will not be contrary to the public interest where, owing to conditions
peculiar to the property, and not the result of the action of the
applicant, a literal enforcement of the provisions herein would result
in unnecessary hardship or practical difficulties.
(2)
As used herein, a variance may be authorized for height,
area, size of structure, size of yards and open spaces or establishment
or expansion of a use otherwise prohibited.
(3)
A variance shall not be granted solely because of
the presence of nonconformities in the zoning district or uses in
other zoning districts.
(4)
In granting any variance, the Board of Appeals shall
prescribe any conditions that it deems to be necessary or desirable.
(5)
Variances granted shall be the minimum which would
accomplish the purpose of providing for reasonable use of land or
buildings.
(6)
Variances granted shall be in harmony with the general
purpose and intent of this chapter and shall not be injurious to the
neighborhood or otherwise detrimental to the public welfare.
A.
Variance procedure.
(1)
The applicant may arrange an informal discussion with
the Board of Appeals to determine any and all of the data to be included
in the application.
(2)
All applications for variances shall be made in quadruplicate
to the Code Enforcement Officer, on forms provided by the Code Enforcement
Officer, and shall be accompanied by plans and supporting documents
to sufficiently describe the proposal. The Board of Appeals may request
additional information it deems necessary in order to act on the application.
(3)
The Code Enforcement Officer, after determining that
an application is in proper form, shall transmit copies of the application
and all supporting documents to the Board of Appeals for action thereon.
(4)
Any request for a use variance, area variance or variances
to parking or sign provisions shall be referred to the Town Planning
Board for its recommendations concurrent with the submission to the
Zoning Board of Appeals. The Planning Board shall have 30 days from
the receipt of said variance application to provide the Board of Appeals
with an advisory opinion on the application. The Zoning Board of Appeals
shall not act on an application until a recommendation has been received
from the Planning Board.
[Amended 1-22-2001 by L.L. No. 1-2001]
(5)
A copy of the complete variance application and supporting
documents shall also be transmitted to the Ontario County Planning
Board for review when required under Article 12-B, §§ 239-l
and 239-m of the General Municipal Law.
(6)
The Zoning Board of Appeals shall fix a reasonable
time for the hearing of appeals and shall give due notice of the time
set for the hearing to the applicant. Public notice shall be by the
publication of a notice in the official newspaper of the Town and
shall briefly describe the nature of the appeal and the time and place
of the hearing. The applicant shall, at least seven days prior to
the date of the hearing, give notice, in writing, by certified mail,
return receipt requested, to all property owners within 200 feet of
the property to be affected by said appeal or to all property owners
of contiguous land or properties adjoining said property. In addition
to the foregoing, the applicant shall be required to erect a sign
giving notice of such public hearing, which sign shall be prominently
displayed on the premises, facing a public street or road on which
the property abuts. The sign shall be furnished to the applicant for
this purpose by the Town. Said sign shall be displayed for a period
of not less than 10 days immediately preceding the public hearing
or any adjournment date thereof. The applicant shall file an affidavit
with the Zoning Board of Appeals at or prior to the public hearing,
stating that he or she has complied with the provisions of this section.
[Amended 9-12-2005 by L.L. No. 4-2005]
(7)
In its review, the Board of Appeals may consult with
any other town, county and state officials or boards.
(8)
The Board shall approve, with or without conditions,
or disapprove the application within the time limit specified in § 267
of the Town Law and shall communicate its action, in writing, to the
applicant, the Town Clerk, the Code Enforcement Officer and other
appropriate boards within one week of the time of the meeting at which
it decided the application.
(9)
The Town Clerk or Code Enforcement Officer shall provide
the Town Board with a monthly report of the actions taken by the Board
of Appeals.
(10)
The Code Enforcement Officer shall, upon receipt
of the notice of approval and upon application by the applicant, issue
the appropriate permit or such other approval permitting the variance,
subject to all conditions imposed by such approval.
B.
Appeals procedure.
(1)
An appeal, specifying the grounds for the appeal,
shall be filed with the officer or body from whom the appeal is taken
and with the Board of Appeals. All appeals and applications shall
be made to the Board of Appeals within 30 days of the date on which
the order, requirement, decision or determination appealed from was
rendered and shall be on forms prescribed by the Board.
(2)
Such appeal may be taken by any person aggrieved or
by an officer, department, board or bureau of the town.
(3)
The concurring vote of a majority of the members of
the Board of Appeals shall be necessary to reverse any order, requirement,
decision or determination of any such administrative official.
(4)
The officer from whom the appeal is taken shall, within
30 days of the filing of the appeal, transmit all papers constituting
the record upon which the appeal is taken to the Board of Appeals.
(5)
An appeal stays all proceedings in furtherance of
the action appealed from, unless the officer from whom the appeal
is taken certifies to the Board of Appeals after the notice of appeal
shall have been filed with him, that, by reason of facts stated in
the certificate, a stay would, in his opinion, cause imminent peril
to life or property, in which case proceedings shall not be stayed
otherwise than by a restraining order which may be granted by the
Board of Appeals or by a court of record, on application, on notice
to the officer from whom the appeal is taken and on due cause shown.
(6)
If the Board of Appeals determines that a public hearing
is necessary, the Board of Appeals shall fix a time for the hearing
of the appeal and give due notice thereof to the parties and decide
the same within a reasonable length of time thereafter. At the time
of the hearing, any party may appear in person, by agent or by attorney.
(7)
The Board of Appeals, provided that SEQR has been
complied with, shall render a decision on each appeal within 60 days
of the close of the public hearing on said matter.
(8)
Any action by the Board of Appeals shall be stated,
in writing, and communicated to the person bringing the appeal within
seven days after the decision has been made.
The office of the Town Clerk shall be the office
of the Board of Appeals. Every rule, regulation, amendment or repeal
thereof and every order, requirement, decision or determination of
the Board shall immediately be filed in said office as required by
§ 267 of the Town Law of the State of New York. The Board
of Appeals shall keep minutes of its proceedings, showing the vote,
indicating such fact, and shall keep records of its environmental
reviews and determination, its examinations and other official actions.
Any variance or modification of this chapter
authorized by the Board of Appeals shall be automatically revoked
unless a site development permit or building permit, conforming to
all the conditions and requirements established by the Board of Appeals,
is obtained within six months of the date of approval by the Board
of Appeals and construction commenced within one year of such date
of approval.
Failure to comply with any condition or restriction
prescribed by the Board of Appeals in approving any appeal for a variance
or a modification of regulations shall constitute a violation. Such
violation may constitute the basis for revocation of a variance or
modification or for imposing penalties and other applicable remedies.
A.
Pursuant to the provisions of the Town Law applicable
thereto, the Town Board shall appoint a Planning Board consisting
of the number of members and for the term of years set forth in § 271
of the Town Law.
B.
The Planning Board shall establish such rules and
regulations as are required by law and the provisions herein for the
transaction of their business and may amend, modify and repeal the
same from time to time.
The Planning Board shall have the following
powers and duties:
A.
Said members are hereby vested with the powers and
duties and made subject to the limitations set forth in §§ 272,
272-a, 274, 274-a, 275, 276, 277, 278, and 281 of the Town Law, as
the same may be amended, modified or changed from time to time, or
any sections subsequently adopted pertaining to Planning Board.
B.
To maintain, and from time to time update, the Master
or Comprehensive Plan for the development of the Town as provided
under § 272-a of Town Law.
C.
To review development proposals; to approve or disapprove
the laying out, closing off, abandonment or changes in lines of streets,
highways and public areas; and to make recommendations to the Town
Board.
D.
To make investigations and reports relating to the
planning and development of the town, including changes in boundaries
of districts, recommended changes in the provisions of this chapter
and to act on any matter lawfully referred to it by the Town Board.
E.
To review, act on or provide advisory reports or applications
as specified by this chapter.
F.
To review and approve, approve with modifications
or disapprove special use permits as specified in this chapter.
G.
To review and approve, approve with modifications
or disapprove site plans, prepared to specifications set forth in
this chapter, showing the arrangement, layout and design of proposed
uses, buildings and/or structures shown on such plan.
The office of the Town Clerk shall be the office
of the Planning Board. Every rule, regulation, amendment or repeal
thereof and every order, requirement, decision or determination of
the Board shall immediately be filed in said office as required by
the Town Law of the State of New York. The Planning Board shall keep
minutes of its proceedings, showing the vote indicating such fact,
and shall keep records of its environmental reviews and determination,
its examinations and other official actions.
[Added 4-23-2018 by L.L.
No. 3-2018; amended 6-25-2018 by L.L. No. 4-2018]
B.
Planning Board and Zoning Board of Appeals alternate members. It is the desire of the Planning Board and Zoning Board of Appeals to have a full complement of voting members at each meeting in which action is to be taken on an application. In any instance where a voting member of the Planning Board or Zoning Board of Appeals is absent or unable to participate on an application or matter before the Board for any reason, the use of an alternate member is hereby authorized pursuant to the provisions of this Article IV, § 135-20.1. In promulgating this Article IV, § 135-20.1, the Planning Board and Zoning Board of Appeals hope to keep their alternates informed and active in Town matters.
C.
ALTERNATE MEMBER
MEMBER
PLANNING BOARD
ZONING BOARD OF APPEALS
Definitions. As used in this Article IV, § 135-20.1, the following terms shall have the meanings indicated:
An individual appointed by the Town Board who is utilized
when a regular member is unable to participate on an application or
matter before the respective Board, as provided herein.
An individual appointed by the Town Board to serve on the
Town Planning Board or Zoning Board of Appeals pursuant to the provision
of the local law or ordinance which first established such Planning
Board or Zoning Board of Appeals.
The Planning Board of the Town of East Bloomfield as established
by the Town Board, pursuant to the provisions of § 271 of
the Town Law.
D.
Purpose, appointment and term; designation; duties and responsibilities.
(1)
The Town Board of the Town of East Bloomfield hereby enacts this Chapter 135, Article IV, § 135-20.1, to provide a process for appointing alternate members to the Planning Board or Zoning Board of Appeals. These individuals would serve when member are absent or unable to participate on an application or matter before the respective Board.
(2)
Alternate members of the Zoning Board of Appeals shall be appointed
by the Town Board for terms of one year, with the terms to expire
on December 31 of each year. Alternate members of the Planning Board
shall be appointed by the Town Board for terms of one year, with the
terms to expire on December 31 of each year.
(3)
The Town Board may provide compensation to be paid to said alternate.
(4)
The Chairperson of the Planning Board or Zoning Board of Appeals
may designate an alternate to substitute for a member when such member
is absent or unable to participate on an application or matter before
the Board for any reason. When so designated, the alternate member
shall possess all the powers and responsibilities of such member of
the Board. Such designation shall be entered into the minutes of the
initial Planning Board meeting or Zoning Board of Appeals meeting
at which the substitution is made. The alternate member shall attend
all meetings of the Board while the matter is on an agenda and until
a decision on the application is determined.
(5)
All provisions of state law relating to Planning Board or Zoning
Board of Appeals member eligibility, vacancy in office, removal, compatibility
of office and service on other boards, as well as any provisions of
a local law/local ordinance relating to training, continuing education,
compensation and attendance, shall also apply to alternate members.
E.
Supersession of Town Law. This article is hereby adopted pursuant
to the provisions of § 10 of the New York State Municipal
Home Rule Law and § 10 of the New York State Statute of
Local Governments. It is the intent of the Town Board, pursuant to
§ 10 of the New York State Municipal Home Rule Law, to supersede
the provisions of:
G.
When effective. This article shall take effect immediately after
adoption by the Town Board of the Town of East Bloomfield.
