[Amended 6-9-1994 by L.L. No. 2-1994; 12-14-2006 by L.L. No
1-2006; 11-12-2020 by L.L. No. 3-2020]
A.
The Board of Trustees of the Village of Webster hereby abolishes
the existing Planning Board and Zoning Board of Appeals. A new Zoning
Board of Appeals is hereby created. Said Board shall consist of five
members. The Mayor, with the consent of the Board of Trustees, shall
designate and appoint the Chairperson of the new Zoning Board of Appeals.
The Zoning Board of Appeals shall appoint its own secretary and may
prescribe rules for the conduct of its affairs. Of the members of
the Board first appointed, one shall hold office for a 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 appointment. All members' terms are based upon the
Village official year. Each member's term shall expire at the end
of the Village official year during the last year of such member's
term. Each member's successors shall be appointed for a term of five
years from and after the expiration of the term of their predecessor
in office. If a vacancy shall occur otherwise than by expiration of
term, the Village Board shall appoint the new member for the unexpired
term. The Mayor shall have the power to remove any member of the Board
of Appeals for cause and after public hearing.
B.
Alternate members.
(1)
Definition: An individual appointed, as provided herein, to serve
on the Zoning Board of Appeals when required to obtain or maintain
a quorum.
(2)
Appointment; terms; powers; procedure; applicability of state and
local laws.
(a)
Two alternate members shall be appointed by the Mayor, with
the concurrence of the Board of Trustees.
(b)
Alternate members shall be appointed for a term of five years.
(c)
The Chairperson of the Zoning Board of Appeals shall designate
an alternate member or members to serve when necessary, to fill an
absence, to maintain a quorum of such Board to conduct business. When
so designated, the alternate members shall possess all of the powers
and responsibilities of a member of such Board.
(d)
All provisions of state and local law relating to eligibility,
compensation, residency, vacancy, attendance, removal, compatibility
of office, and service on other Boards shall apply to alternate members
during their period of appointment, whether serving or not.
[Amended 6-9-1994 by L.L. No. 2-1994; 11-12-2020 by L.L. No. 3-2020]
A.
The new Zoning Board of Appeals shall have all of the powers and duties of a Planning Board and a Zoning Board of Appeals as set forth in New York State Village Law, Chapter 137 of the Code of the Village of Webster, Subdivision of Land, and Chapter 175 of the Code of the Village of Webster, Zoning. Wherever the terms "Zoning Board," "Zoning Board of Appeals" or "Planning Board" appear in the Code of the Village of Webster, said terms shall hereafter mean and refer to the Zoning Board of Appeals created upon the adoption of this local law.[1]
[1]
Editor's Note: "This local law" refers to L.L. No. 3-2020,
adopted 11-12-2020, the New Zoning Board of Appeals Local Law of 2020.
C.
Use variances.
(1)
To grant use variances authorizing a use of the land which otherwise
would not be allowed or which would be prohibited by the terms of
this chapter. No use variance shall be granted unless the Board shall
find that applicable zoning regulations and restrictions have caused
unnecessary hardship. No finding of unnecessary hardship shall be
made unless all of the following are established:
(a)
Under applicable zoning regulations, the applicant is deprived
of all economic use or benefit from the property in question, which
deprivation shall be established 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.
(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 proved 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.
D.
Area variances.
(1)
To grant area variances from the area or dimensional requirements
of this chapter. In making its determination, the Zoning Board of
Appeals shall consider 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 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.
E.
Conditions. With respect to the granting of both use variances and
area variances, 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 this
chapter and shall be imposed for the purpose of minimizing any adverse
impact the variance may have upon the neighborhood or community.
A.
The Board of Appeals shall act in strict accordance with the procedure
specified by law and by this chapter. All appeals and applications
made to the Board shall be in writing, on forms prescribed by the
Board. Every appeal or application shall refer to the specific provision
of the local law involved and shall exactly set forth the interpretation
that is appealed from or the details of the variance that is applied
for and the grounds on which it is claimed that the variance should
be granted, as the case may be.
[Amended 1-9-2020 by L.L. No. 1-2020]
B.
Every decision of the Board of Appeals shall be by resolution, each
of which shall contain a full record of the findings of the Board
in the particular case.
C.
All meetings of the Board of Appeals shall be held at the call of
the Chairperson and at other times as such Board may determine. Such
Chairperson or, in the Chairperson's absence, the Acting Chairperson
may administer oaths and compel the attendance of witnesses. All meetings
of such Board shall be open to the public. Such Board 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 examination and other official actions. Every
rule or regulation and every amendment or repeal thereof and every
order, requirement, decision or determination of the Board shall immediately
be filed in the office of the Village Clerk and shall be a public
record.
