A. 
A Zoning Board of Appeals (Board of Appeals) is hereby established pursuant to the provisions of § 7-712 of the Village Law. The Board shall consist of three members and an alternate, each of whom shall be appointed by the Board of Trustees for a term of three years; the Board of Trustees shall designate one of said members as Chairman thereof.
B. 
A vacancy occurring for reason other than by expiration of a term shall be filled by the Board of Trustees by appointment for the unexpired term only.
C. 
The Board of Appeals shall have the power to make, adopt and promulgate such written rules of procedure, bylaws, and forms as it may deem necessary for the proper execution of its duties and to secure the intent of this chapter. Such rules, bylaws, and forms shall not be in conflict with nor have the effect of waiving any provision of this chapter or any other law of the Village of Menands.
D. 
Alternate members. The Board of Trustees may appoint up to two alternate members, with each such position having a term of one year, for purposes of substituting for a member(s) in the event such member(s) is absent or unable to participate because of a conflict of interest. All provisions relating to members of the Board of Appeals, including training, continuing education, attendance, and compensation apply to alternative members. The Chairman shall determine when an alternate member shall substitute for a member on any particular application or matter before the Board. Once designated, the alternate member shall possess all the powers and responsibilities of the member being substituted for to make determinations. The minutes of the Board of Appeals shall reflect the meeting at which the substitution is made.
A. 
Meetings. All meetings of the Board of Appeals shall be held at the call of the Chair and at such other times as such Board may determine, and a quorum of the Board's membership is required for any meeting. All meetings of such Board shall be open to the public.
B. 
Oaths. The Chair or, in their absence, the Acting Chairman may administer the oath and compel the attendance of witnesses.
C. 
Minutes. 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 examination and other official actions. Every rule or regulation, 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.
D. 
Rules and regulations. The Board of Appeals is hereby authorized to establish rules and regulations not inconsistent with this chapter or the statutes authorizing the same and may modify, amend, or repeal such rules. Every such rule, regulation, amendment, or repeal thereof shall be filed in the office of the Village Clerk and shall be a public record.
A. 
Orders, requirements, decisions, interpretations, 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 administrative official charged with the enforcement of such ordinance or local law and to that end shall have all the powers of the administrative official from whose order, requirement, decision, interpretation or determination the appeal is taken.
B. 
Use variances.
(1) 
The Board of Appeals, on appeal from the decision or determination of the administrative official charged with the enforcement of such ordinance or local law, shall have the power to grant use variances, as defined herein.
(2) 
No such use variance shall be granted by the Board of Appeals without showing by the applicant that the applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant shall demonstrate to the Board of Appeals that, for each and every permitted use under the zoning regulations for the particular district where the property is located:
(a) 
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.
(3) 
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.
(4) 
Notifications. At the time of submission of the application for a use variance, the applicant shall submit, in addition to otherwise required documentation, the following:
(a) 
A reproduced copy of the Tax Map or extract of the Tax Map depicting the parcel(s) of land in question and all lands within 500 feet distance from the perimeter thereof.
(b) 
A schedule of the names and addresses of the property owners within 500 feet distance from the perimeter of the parcel in question as ascertained from the office of the Village Assessor.
(c) 
Satisfactory proof that the property owners within 500 feet of the perimeter of the parcel have been notified in writing of the nature of the request for a use variance (include a brief narrative). Such notification shall include the following written statement: "An application for a use variance for lands within 500 feet of your property is being proposed. The permit application will be filed with the Building Department of the Village of Menands and may be reviewed by you during normal business hours at Village Hall. Please contact the Building Department if you have any questions about the procedures to review this application and the process for consideration of the proposal." Proof shall be deemed satisfactory for purposes hereof if the applicant provides evidence of mailing, by certified or registered mail, or certificate of mailing and files the receipts with the submission. Regular mail is not satisfactory notice.
(d) 
In the event that the applicant or a related company or corporation owns lands adjacent to the parcel in question, then, in such event, the notice required herein shall be provided to property owners within 500 feet of the parcel adjacent to the parcel in question.
(5) 
Referral of the application. The Zoning Board of Appeals shall refer all applications and accompanying documentation for the use variance to the Albany County Planning Board pursuant to General Municipal Law § 239-m.
C. 
Area variance.
(1) 
The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of the administrative official charged with the enforcement of such ordinance or local law, to grant area variances as defined herein.
(2) 
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 such grant. In making such determination, the Board shall also consider:
(a) 
Whether 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) 
Whether the benefit sought by the applicant can be achieved by some method, which is code compliant and feasible for the applicant to pursue, other than an area variance;
(c) 
Whether the requested area variance is substantial;
(d) 
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
(e) 
Whether 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.
(3) 
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.
(a) 
Notification requirements.
[1] 
Applications for area variances for residential uses. The following persons shall be notified at least 10 days prior to the first hearing on an application for area variances by owners of residential property: all owners of property abutting, contiguous to or adjacent to the property for which the variance is sought.
[2] 
Applications for area variances for nonresidential uses. The following persons shall be notified at least 10 days prior to the first hearing on an application for an area variance by owners of nonresidential property: owners of all property within 500 feet of the perimeter of the subject parcel.
[3] 
In each case, the notification shall identify the subject parcel for which the variance is sought, a brief summary of the relief sought, the time of the first public hearing thereon, and a statement that the application may be reviewed in the Building Department during normal business hours. Please contact the Village Building Department if you have any questions about the process for consideration.
D. 
The concurring vote of a majority of the Board shall be necessary to grant either an area or use variance.
A. 
Filing of administration decision. Each order, requirement, decision, interpretation, or code enforcement shall be filed in the Building Department within five business days from the day it is rendered and shall be a public record.
B. 
An appeal shall be taken within 60 days after the filing of any order, requirement, decision, interpretation, or determination of the Code Enforcement Officer, by filing with the Code Enforcement Officer and the Board of Appeals a notice of appeal, specifying the grounds thereof and the relief sought. The Code Enforcement Officer from whom the appeal is taken shall forthwith transmit to the Board of Appeals all the papers constituting the record upon which the action appealed from was taken.
C. 
Who may appeal. An appeal to the Board of Appeals for administrative review or variance may be taken by any person, firm, or corporation or by any government officer, department, board, or bureau affected by any decision of the Code Enforcement Officer or other administrative officer based in whole or in part upon the provisions of this chapter. Such appeal shall be taken by filing with the Board of Appeals and the Code Enforcement Officer a notice of appeal specifying the grounds thereof. The Code Enforcement Officer shall forthwith transmit to the Board of Appeals all papers constituting the record upon which the action appeal from was taken.
D. 
Time of appeal.
(1) 
In the case of the refusal of the Code Enforcement Officer to issue a building permit or a certificate of occupancy, said notice of appeal shall be filed within 62 days from the date upon which such notice of refusal of building permit or certificate of occupancy is mailed by the Code Enforcement Officer. Failure to file such notice of appeal within 62 days shall constitute a waiver of the right of appeal.
(2) 
In the case of the granting by the Code Enforcement Officer of a building permit or a certificate of occupancy, said notice of appeal shall be filed within 62 days from the date upon which such notice of granting of building permit or certificate of occupancy is mailed by the Zoning Enforcement Officer or within 30 days after construction is commenced under said building permit or occupancy is commenced under said certificate of occupancy. Failure to file such notice of appeal within the time limited above shall constitute a waiver of the right of appeal.
E. 
Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the Code Enforcement Officer from which the appeal is taken certifies to the Board of Appeals, after the notice of appeal shall have been filed with him/her, that by reason of facts stated in the certificate a stay would, in their 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 Code Enforcement Officer and on due cause shown.
F. 
Notification requirements.
(1) 
Applications for review of administrative determinations for residential uses. The following persons shall be notified at least 10 days prior to the first hearing on an application for review of administrative determinations by owners of residential property: all owners of property abutting, contiguous to or adjacent to the property for which the review is sought.
(2) 
Applications for review of administrative determinations by nonresidential uses. The following persons shall be notified at least 10 days prior to the first hearing on an application for a review of administrative determinations by owners of nonresidential property: owners of all property within 500 feet of the perimeter of the subject parcel.
(3) 
In each case, the notification shall identify the subject parcel for which the review is sought, a brief summary of the relief sought, the time of the first public hearing thereon, and a statement that the application may be reviewed in the Building Department during normal business hours.
(4) 
Proof of notification shall be filed with the Board prior to the hearing on the application.
G. 
Hearing; notice; public notice; notice to parties and costs.
(1) 
Hearing. The Board of Appeals shall fix a reasonable time for the hearing of any application for a variance, any appeal for administrative review or any application for a special permit.
(2) 
Notice. The Board of Appeals shall give public notice of the hearing of any application for a variance or any appeal for administrative review in the official paper at least five days prior to the date thereof and shall, at least five days before such hearing, and mail notice thereof to the applicant and shall decide the same within 62 days after the final hearing.
(3) 
Reference to the Albany County Planning Board. In accordance with the policy and procedures provided for by §§ 239-l and 239-m of the General Municipal Law, any proposed variance affecting land or buildings within 500 feet of the boundary of the Village of Menands or from the boundary of any county or state park or other recreational area or from the right-of-way of any county or New York State park, thruway, expressway or other controlled-access highway or from the right-of-way of any stream or drainage channel owned by the county for which the county has established channel lines or from the boundary of any county- or state-owned land in which a public building or institution is situated, shall be referred to the Albany County Planning Board. If the Albany County Planning Board disapproves the proposal or recommends modifications thereof, the Board of Appeals shall not act contrary to such approval or recommendation, except by a majority vote of all the members thereof and after the adoption of a resolution fully setting forth the reasons for such contrary action.
H. 
Provisions of appeal. If the variance is granted or other action by the appellant or applicant is authorized, the necessary permit shall be subject to the terms of § 71-4 (Building permits) of Chapter 71 (Construction Code, Uniform) of the Village of Menands Code. Should the appellant or applicant fail to comply with these provisions, it shall be conclusively presumed that the appellant or applicant has waived, withdrawn and abandoned the appeal or the application and such permission and variances granted shall be deemed automatically rescinded by the Board of Appeals.
I. 
Rehearing. Upon motion initiated by any member and adopted by the unanimous vote of the members present but not less than a majority of all the members, the Board of Appeals shall review at a rehearing, held upon notice given as upon an original rehearing, any order, decision, or determination of the Board not previously reviewed. Upon such rehearing, and provided that it shall then appear that the rights vested prior thereto in persons acting in good faith in reliance upon the order, decision or determination reviewed will not be prejudiced thereby, the Board may, upon the concurring vote of all of the members then present, reverse, modify or annul its original order, decision, or determination.
J. 
Filing fees. The Zoning Board of Appeals shall charge those fees determined by the Board of Trustees by resolution, which fees may be amended from time to time by resolution.
K. 
Expiration of variances. Any variance not exercised within one year of its being granted by the Board of Appeals shall terminate without further hearing.