This article shall be known as Chapter
9, Boards, Committees and Commissions, Article
VI, §§
9-54 through
9-65, and is entitled the "Town of Farmington Zoning Board of Appeals (ZBA), Duties and Responsibilities."
The purpose of the Town of Farmington Zoning Board of Appeals
(ZBA) is hereby established to:
A. Administer the provisions of Article 16, §§ 267, 267-A,
267-B, 267-C, 268, 269, 274-A Subdivision 3, 280 and 280-A New York
State Town Law; and
B. Administer the provisions contained in Chapter
87, entitled "Flood Damage Prevention," Article
VI, Variance Procedure, §§
87-16 and
87-17; and
C. Administer the provisions of Chapter
165 (Articles
II,
IV through
X) of the Town of Farmington Town Code, as further specified therein; and
D. Administer the applicable provisions within Article 8 of the New
York State Environmental Conservation Law (ECL); and
E. Establish and maintain effective communications with the various
Town boards, committees and commissions; and
F. To identify specific goals, objectives and implementation actions
contained in the latest edition of the adopted Town of Farmington
Comprehensive Plan; and
G. To recommend appropriate land use regulations for the community to
be contained in the Town Code of Farmington Town Code.
The intent of these regulations is to identify the Town of Farmington
Zoning Board of Appeals (ZBA), established by Town Board resolution
dated July 15, 1957, is hereby further amended to provide information
and service to the residents of the Town, the Town Board, Town Planning
Board, Town Environmental Conservation Board, the Town Agriculture
Advisory Committee, the New York State Department of State, the Ontario
County Department of Planning, the Ontario County Planning Board,
the New York State Department of Environmental Conservation, the New
York State Department of Agriculture and Markets, the New York State
Department of Health and the Federal Emergency Management Agency (FEMA)
on issues relating to sustaining, promoting, and identifying land
use and related needs within the Town which protect the health, safety
and welfare of the community.
The function of the Town Zoning Board of Appeals includes but
is not limited to the following:
A. To receive applications and to hear appeals upon an interpretation,
decision or determination provided by the Town Code Enforcement Officer
that would enable an application for an area variance to be made to
the Zoning Board of Appeals pursuant to § 267-b Subdivision
1 of the New York State Town Law; and
B. To receive applications and to hear appeals upon an interpretation,
decision or determination provided by the Town Code Enforcement Officer
that would enable an application for a use area variance to be made
to the Zoning Board of Appeals pursuant to § 267-b Subdivision
2 of the New York State Town Law; and
C. To receive applications and to hear appeals upon an interpretation,
decision or determination provided by the Town Code Enforcement Officer,
or the Town Planning Board, that would enable an application for an
area variance to be made to the Zoning Board of appeals pursuant to
§ 274-a Subdivision 3 of the New York State Town Law. A
decision rendered upon a requested area variance pending as part of
an action before the Town of Farmington Planning Board for either
preliminary subdivision plat approval or preliminary site plan approval
shall only be made by the Zoning Board of appeals after having received
an application therefore from the Town Code Enforcement Officer and
either a report, a recommendation, or a preliminary resolution of
approval with condition(s) from the Town of Farmington Planning Board.
No ZBA decision upon a requested area variance may overrule an authorized
review of either of the two above referenced actions (preliminary
subdivision plat or preliminary site plan) that have been approved
with condition(s) by the Town of Farmington Planning Board.
D. To receive applications of appeal upon an interpretation, decision or determination to the provisions of Chapter
165, Article
VIII, Administration and Enforcement, §
165-97F of the Town Code of the Town of Farmington; and/or
E. To receive applications and to hear appeals upon an interpretation, decision or determination provided by the Town Code Enforcement Officer that would enable an application for a temporary use permit to be made to the Zoning Board of Appeals pursuant to Chapter
165, Article
VIII, Administration and Enforcement, §
165-91 of the Town Code of the Town of Farmington; and/or
F. To administer the provisions contained within Chapter
165, Article
VIII, Administration and Enforcement, §
165-98 of the Town Code of the Town of Farmington; and
G. To receive applications and to hear appeals upon an interpretation, decision or determination provided by the Town Code Enforcement Officer, acting in the capacity as the designated local administrator of the provisions contained within Chapter
87, Flood Damage Prevention, of the Town Code of the Town of Farmington, that would enable an application for an area variance to be made to the Zoning Board of Appeals pursuant to Chapter
87, Article
VI, Variance Procedure, §§
87-16 and
87-17 of the Town Code of the Town of Farmington; and/or
H. To participate with members of the Town of Farmington Comprehensive
Plan Update Committee during the public participation process involved
with amendment to the latest edition of the "Town of Farmington Comprehensive
Plan;" and
I. To contribute to sustaining the established high standards for development
that are part of the Town's ongoing planning program, its reviews
and decisions upon development projects, and related land use issues,
by providing consistent and accountable services to the community,
by granting the minimum relief determined necessary and appropriate
by the ZBA when acting upon an area variance; and
J. To advise the Town Board of concerns found within the Town Code chapters
identified above herein and to recommend amendments thereto; and
K. To maintain training certification of each of its members by requiring
at least the minimum number of hours established by the Town Board;
and
L. To advise and recommend to the Town Board, the Zoning Board of Appeals'
(ZBA) needs for annual operating budgets; and
M. To seek legal and professional advice from established experts upon
a matter pending before the Zoning Board of Appeal (ZBA) for its review
and action.
Members now holding office for terms established shall, upon
the expiration of their term, hold office until the end of the calendar
year and their successors shall then be appointed for terms which
shall be as specified in the above section.
Each year, the ZBA shall review, amend as necessary and adopt
rules of procedure for conducting public meetings. Once adopted by
ZBA resolution, said rules of procedure shall be filed with the Town
Clerk's office. Said adopted rules of procedure shall remain
in effect until replaced the following year by ZBA action. The adopted
rules of procedure shall be maintained on the Town's website.
Any matter referred to the Zoning Board of Appeals (ZBA) for
possible review and consideration shall be transmitted in written
form to all members of said Board as soon as may be practical by another
referring board and/or by the Director of Planning and Development,
the Town Code Enforcement Officer or Town Attorney, as the case may
be. If the referral is reasonably determined to require the review
of the ZBA, the Chairperson shall convene a meeting of said Board
and render its opinion or response to said referral prior to the scheduled
date of the referring board's meeting on the matter. With the
advice and consent of a majority of the ZBA members not to render
a formal review, the Chairperson shall so notify the referring body.
Such notification shall be deemed to have discharged the responsibility
of the ZBA to act on such referral.
A quorum for meeting of the Zoning Board of Appeals (ZBA) shall
be three members participating in person. The ZBA is hereby deemed
a public body for the purposes of Article 7 of the New York State
Public Officers Law.
The ZBA may submit an annual report to the Town Board not later
than 10 business days following the ZBA's organizational meeting
of each year, concerning the activities and work of the ZBA during
the previous year and that planned for the coming year.