Per § 7-712 of New York State Village Law, the Zoning
Board of Appeals (ZBA) previously established under local law and
still in existence at the time of this chapter's enactment shall hereby
be continued.
B.
Qualifications of members.
(1)
ZBA members are required to be residents of the Village with
the exception of one member who may reside outside of the Village,
provided such member is a resident of the Town of Pittsford, Monroe
County, wherein the Village is located.
(2)
No current Trustee of the Village of Pittsford may serve as
a member of the ZBA.
C.
Chairperson.
(1)
The Mayor shall, pursuant to New York State Village Law, designate
the Chairperson of the ZBA. The Chairperson shall be designated from
the existing members of the ZBA. Such designation may be changed at
any time by the Village Board.
(2)
In the absence of such designation, the Chairperson of the ZBA
shall be designated from amongst the members by an affirmative vote
of a majority of the members, and may be changed at any time by an
affirmative vote of a majority of the members.
(3)
The Chairperson shall have the right to vote on all matters
before the ZBA. In the Chairperson's absence, the board may designate
an acting Chairperson by affirmative vote of a majority of the ZBA.
D.
Vacancies. Vacancies occurring other than by expiration of a term
of office shall be filled by appointment of the Mayor pursuant to
New York State Village Law. Any such appointment shall be for the
unexpired portion of the term of the replaced member.
E.
Alternate members.
(1)
The Village Board may confirm up to two alternate ZBA members
upon appointment of such by the Mayor. Alternate members shall be
automatically called to serve in the event that a regular member is
absent, has a conflict of interest, or is otherwise unable to fulfill
their duties.
(2)
When serving, alternate members shall have all the powers and
responsibilities of a full-time member.
(3)
All member requirements relating to training, attendance, conflicts
of interest, compensation, eligibility, vacancy, removal, and service
shall also apply to alternate members.
A.
Each member of the ZBA shall complete, at a minimum, four hours of
training each year designed to enable such members to more effectively
carry out their duties. Training received by a member in excess of
four hours in any one year may be carried over by the member into
succeeding years in order to meet this requirement.
B.
Such training shall be approved by the Village Board and may include,
but not be limited to, training provided by a municipality, regional
or county planning office or board, county planning federation, state
agency, statewide municipal association, college or other similar
entity. Training may be provided in a variety of formats, including,
but not limited to, electronic media, video, distance learning, and
traditional classroom training.
C.
To be eligible for reappointment to the ZBA, a member shall have
completed the training approved as set forth above.
D.
The training may be waived or modified by resolution of the Village
Board when, in the judgment of the Village Board, it is in the best
interest to do so.
E.
No decision of the ZBA shall be voided or declared invalid because
of a failure to comply with the training requirements herein.
The Village Board may provide for the compensation of ZBA members
by resolution. The manner and amount of such compensation shall be
subject to review and approval by the Village Board as part of the
annual budgeting process.
A.
By-laws. The ZBA may approve by-laws that are consistent with the
regulations adopted by the Village Board.
B.
Quorum. A simple majority of the ZBA members shall constitute a quorum
for the transaction of business. An affirmative vote of a majority
of the full ZBA is required to approve any resolution, motion, or
other matter before the ZBA.
C.
Meetings. Meetings may be held at any time on the written request
of any two ZBA members or at the call of the Chairperson.
D.
Public hearings. The ZBA shall hold public hearings as required by
this chapter and decisions shall be voted upon at public sessions.
The ZBA may otherwise hold executive sessions in accordance with the
New York State Open Meetings Law.
E.
Recommendations. The ZBA may seek recommendations from the Village
Board, Historic Preservation Board, Planning Board, Village officials
or departments, or other agencies as it deems appropriate.
F.
Attendance. All members are required to attend and take an active
part in all scheduled meetings. If a member is unable to attend a
meeting, they must notify the secretary so that an alternate member
can be called upon to attend.
A.
Secretary and staff. The Village Board shall confirm a secretary
to serve at the pleasure of the ZBA, upon appointment of such by the
Mayor. At the time of service, the secretary shall not also serve
as member of the ZBA. The secretary shall keep a record of all resolutions
proceedings, and actions of the ZBA, as well as attendance of ZBA
members.
B.
Voting records. The ZBA is subject to the New York State Freedom
of Information Law and the Open Meetings Law. The vote or failure
to vote of each ZBA member shall be recorded. If any ZBA member abstains
from voting based on a conflict of interest or otherwise, the member
must also state his or her reason(s) or ground(s) for doing so on
the record.
C.
Minutes. ZBA meeting minutes, including a record of the ZBA's decisions
and determinations, shall be filed with the Village Clerk as they
are completed.
The Village Board shall have the power to remove, after public
hearing, any member of the ZBA for cause. Cause for such removal shall
include, but not be limited to:
A.
Absence from three consecutive regular or special meetings other
than for illness or valid personal reasons substantiated by documented
evidence;
B.
Absence from 80% of the regularly scheduled meetings within any twelve-month
period other than for illness or valid personal reasons substantiated
by documented evidence; or
C.
Failure to obtain and comply with the training requirements as set
forth in this chapter.
A.
Final decision authority. Pursuant to this article and New York State
Village Law, the ZBA is hereby authorized and empowered with final
decision authority to approve, approve with modifications or conditions,
or deny applications for the following:
B.
Additional powers. The ZBA may exercise additional powers as may
be described elsewhere in this chapter and as permitted by New York
State Village Law.
