[Amended 3-28-1996 by L.L. No. 2-1996]
A.
Establishment. The Board of Appeals, heretofore created pursuant
to the provisions of the Town Law, is hereby continued as now constituted.
Each member of the Board of Appeals shall continue to hold office
to the expiration of his present term, at which time the Town Board
shall appoint a successor as provided by law.
B.
Appointment of members. The Town Board shall appoint a Board of Appeals
consisting of five members and shall designate the Chairperson thereof.
In the absence of a Chairperson, the Board of Appeals may designate
a member to serve as Acting Chairperson. The Town Board may provide
for compensation to be paid to experts, clerks and a secretary and
provide for such other expenses as may be necessary and proper, not
exceeding the appropriation made by the Town Board for such purpose.
C.
Term of office. Members of the Board of Appeals shall be appointed
for a five-year term, with each term to expire at the end of a calendar
year. The Chairperson shall be appointed annually.
D.
Vacancy in office. Appointments to fill vacancies shall be for the
unexpired term of the member or members whose term or terms become
vacant. Appointments to fill such vacancies shall be made in the same
manner as the original appointment.
E.
General grant of power. The Board of Appeals shall perform all the
duties and have all the powers prescribed by the laws of the State
of New York.
F.
Meetings, minutes and records. Meetings of the Board of Appeals shall
be open to the public to the extent provided in Article 7 of the Public
Officers Law. The Board of Appeals shall keep minutes of its proceedings
showing the vote of each member upon every question or, if absent
or failing to vote, indicating such fact and shall also keep records
of its proceedings and other official actions.
G.
Filing requirements. Every rule, regulation, every amendment or repeal
thereof and every order, requirement, decision or determination of
the Board of Appeals shall be filed in the Town Clerk's Office and
shall be a public record.
H.
Assistance to Board of Appeals. The Board of Appeals shall have the
authority to call upon any department, agency or employee of the Town
for such assistance as shall be deemed necessary and as shall be authorized
by the Town Board.
A.
Jurisdiction of Board of Appeals. Except as otherwise provided in
this chapter, the jurisdiction of the Board of Appeals shall be appellate
only and shall be limited to hearing and deciding appeals from and
reviewing any order, requirement, decision, interpretation or determination
made by the Zoning Officer.
B.
Votes necessary for decision. 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 the Zoning Officer
or to grant a use or area variance.
A.
Standing to appeal. An appeal may be made to the Board of Appeals
from any person aggrieved or by an officer, board or bureau of the
Town of Macedon affected thereby.
B.
Time for appeal. Such an appeal shall be taken within 60 days after
the filing of any order, requirement, decision, interpretation or
determination of the Zoning Officer by filing with the Zoning Officer
a notice of appeal, specifying the grounds thereof and the relief
sought.
C.
Contents of appeal. All appeals made to the Board of Appeals shall
be in writing on forms supplied by the Zoning Officer. Every appeal
shall refer to the specific provision of this chapter and shall exactly
set forth the interpretation that is claimed, the plans for a special
use or the details of the variance that is applied for, in addition
to the following information:
(1)
The name and address of the applicant.
(2)
The name and address of the owner of the district lot to be affected
by such proposed variance or appeal.
(3)
A brief description and location of the district lot to be affected
by such proposed variance or appeal.
(4)
A statement of the present zoning classification of the district
lot in question, the improvements thereon and the present use thereof.
(5)
A reasonably accurate description of the present improvements and
the additions or changes intended to be made under the application
indicating the size of such proposed improvements, material and general
construction thereof. In addition, there shall be attached a plot
plan of the real property to be affected, indicating the location
and size of the lot and size of improvements thereon and proposed
to be erected thereon.
D.
Procedure for Zoning Officer. Upon receipt of an appeal complying
with the provisions of this section, the Zoning Officer shall transmit
to the Board of Appeals all papers constituting the record upon which
the action appealed from was taken. All fees due from the appealing
party shall be paid prior to such transmittal.
E.
Stay upon appeal. An appeal shall stay all proceedings in furtherance
of the action appealed from, unless the Zoning Officer certifies to
the Board of Appeals after the notice of appeal shall have been filed
with the Zoning Officer that, by reason of facts stated in the certificate,
a stay would, in his or her 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 Zoning Officer
and on due cause shown.
A.
Hearing of Appeals. The Board of Appeals shall fix a reasonable time
for the hearing of the appeal or other matter referred to it and give
public notice thereof by the publication in a paper of general circulation
in the Town of a notice of such hearing, at least five days prior
to the date thereof. In case of an appeal, alleging error or misinterpretation
in any order or other action by the Zoning Officer, the following
persons shall be notified: the applicant and the person or persons,
if any, who benefit from the order, requirement, regulation or determination.
B.
Town Planning Board referral. The Board of Appeals shall refer to
the Town Planning Board all appeals, including variance applications,
and any other pertinent matters for review and recommendations. The
Zoning Officer shall transmit to the Planning Board a copy of the
notice of appeal and all papers constituting the record upon which
the action appealed from was taken. Such transmittal shall be made
at least 30 days before the date of the hearing on the appeal, and
the Board of Appeals shall defer any decision thereon for a period
of not more than 30 days, pending a report from the Planning Board.
C.
County Planning Board referral. At least five days before a hearing,
the Board of Appeals shall mail notice of the appeal to the Wayne
County Planning Board, if required by § 239-m of the General
Municipal Law, which notice shall be accompanied by a full statement
of the matter under consideration, as set out in § 239-m,
Subdivision 1, of the General Municipal Law. Neighboring municipalities
shall also be notified in accordance with General Municipal Law § 239-nn.
The Board of Appeals shall defer any decision until 30 days after
the referral or receipt of the report of the County Planning Board,
whichever is earlier.
[Amended 6-25-2020 by L.L. No. 3-2020]
D.
Compliance with SEQRA. The Board of Appeals shall comply with the
provisions of the State Environmental Quality Review Act under Article
8 of the Environmental Conservation Law and regulations promulgated
thereunder, codified in Title 6, Part 617 of the New York Codes, Rules
and Regulations.
E.
Time of decision. The Board of Appeals shall decide upon the appeal
within 62 days after the conduct of the hearing. The time within which
the Board of Appeals must render its decision may be extended by mutual
consent of the applicant and the Board.
F.
Filing of decision and notice. The decision of the Board of Appeals
on the appeal shall be filed in the office of the Town Clerk within
five business days after the date such decision is rendered, and a
copy thereof mailed to the applicant.
G.
Expiration of appeal decision. Unless otherwise specified by the
Board of Appeals, a decision on any appeal for a variance or special
use permit shall expire if the applicant fails to obtain any necessary
building permit or comply with the conditions of said authorization
permit within six months from the date of authorization.
A.
Interpretations, requirements, decisions and determinations. The
Board of Appeals may reverse or affirm, wholly or partly, or may modify
the order, requirement, decision, interpretation or determination
appealed from and shall make such order, requirement, decision, interpretation
or determination as in its opinion ought to have been made in the
matter by the Zoning Officer and to that end shall have all the powers
of the Zoning Officer from whose order, requirement or decision the
appeal is taken.
B.
Use variances.
(1)
The Board of Appeals, on appeal from the decision or determination
of the Zoning Officer, shall have the power to grant use variances,
authorizing a use which otherwise would not be allowed or would be
prohibited by the terms of this chapter. No such use variance shall
be granted by the Board of Appeals without a showing by the applicant
that applicable zoning regulations and restrictions have caused unnecessary
hardship. In order to prove such necessary hardship, the applicant
shall demonstrate to the Board of Appeals that:
[Amended 6-25-2020 by L.L. No. 3-2020]
(a)
Under the applicable zoning regulations, the applicant cannot
realize a reasonable return, provided that lack of return is substantial
as demonstrated by competent financial evidence;
(b)
The alleged hardship relating to the property in question is
unique and does not apply to a substantial portion of the district
or neighborhood;
(c)
The requested use variance, if granted, will not alter the essential
character of the neighborhood; and
(d)
The alleged hardship has not been self-created.
(2)
The Board of Appeals, in the granting of use variances, 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.
C.
Area variances.
(1)
The Board of Appeals shall have the power, upon an appeal from a
decision or determination of law, to grant area variances from the
area or dimensional requirements of this chapter. In making its determination,
the Board of Appeals shall take into consideration the benefit to
the applicant if the variance is granted, as weighted against the
detriment to the health, safety and welfare of the neighborhood or
community by such grant. In making such determination, the Board shall
also consider whether:
(a)
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;
(b)
The benefit sought by the applicant can be achieved by some
method feasible for the applicant to pursue, other than an area variance;
(c)
The requested area variance is substantial;
(d)
The proposed variance will have an adverse effect or impact
on the physical or environmental conditions in the neighborhood or
district; and
(e)
The alleged difficulty was self-created, which consideration
shall be relevant to the decision of the Board of Appeals, but shall
not necessarily preclude the granting of the area variance.
(2)
The Board of Appeals, in the granting of area variances, shall 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.
D.
Imposition of conditions. The 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 the property or the period
of time such variance shall be in effect. Such conditions shall be
consistent with the spirit and intent of the zoning law and shall
be imposed for the purpose of minimizing any adverse impact such variance
may have on the neighborhood or community.
[Amended 6-25-2020 by L.L. No. 3-2020]
A.
Establishment. The Planning Board, heretofore created pursuant to
the provisions of the Town Law, is hereby continued as now constituted.
Each member of the Planning Board shall continue to hold office to
the expiration of his present term, at which time the Town Board shall
appoint a successor as provided by law.
B.
Powers and duties. The Planning Board shall have the following powers
and duties:
(1)
To prepare and, from time to time, change the master or Comprehensive
Plan for the development of the Town.
(2)
To review 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.
(3)
To make investigations, maps, reports and recommendations relating
to the planning and development of the Town as it seems desirable.
This shall include, but not be limited to, changes in boundaries of
districts, recommended changes in the provision of this chapter, other
land use and development matters of importance to the Planning Board
and to act on any matter lawfully referred to it by the Town Board.
(4)
To review, act on or provide advisory reports as specified by this
chapter.
(5)
To make referrals to other Town departments, boards and/or officials
to request advisory opinions to assist the Planning Board in making
decisions which affect the development of the Town.
(6)
All such powers as are conferred upon Town Planning Boards by the
provisions of the Town Law as now or hereafter in effect.
A.
The positions of alternate members of the Zoning Board of Appeals
and the Planning Board are hereby established. There shall be two
such alternate members for the Board of Appeals and two such alternate
members for the Planning Board.
B.
The alternate members of the Board of Appeals and the Planning Board
shall serve in the absence, unavailability or inability of a regular
member of such boards to serve. Copies of notices sent to regular
members of the Board of Appeals and the Planning Board shall be sent
to the respective alternate members. When a meeting of the Board of
Appeals or Planning Board shall be duly noticed and called for discussion,
if it shall become apparent that a regular member(s) of the Board
will be unable to hear and deliberate upon an application, then the
alternate member(s) of the Board, at the call of the Chairman or Clerk
of the Board, shall be duly authorized to hear any application, to
deliberate and to vote with full force and effect as if duly appointed
a regular member of the Board.
C.
The alternate members of the Board of Appeals and the Planning Board
shall be appointed for the same term and in the same manner as regularly
appointed members.
