A. 
Pursuant to Town Law, the Town Board shall appoint a Zoning Board of Appeals consisting of seven members, shall designate its Chairman and may also provide for compensation to be paid to said members and provide for such other expenses as may be necessary and proper. A member of the Zoning Board of Appeals shall not at the same time be a member of the Town Board. The Town Board shall have the power to remove any member of the Zoning Board of Appeals for cause and after public hearing. Pursuant to § 10, Subdivision 1(ii)d(3), of the Municipal Home Rule Law, this chapter supersedes the provisions of Town Law § 267, Subdivision 2, in its application to the Town of Poughkeepsie.
B. 
Terms of appointment. The members of the Zoning Board of Appeals shall be appointed for terms of seven years from and after the expiration of the terms of their predecessors in office. If a vacancy shall occur otherwise than by expiration of term, it shall be filled by the Town Board by appointment for the unexpired term.
C. 
Rules of procedure. The Zoning Board of Appeals shall have the power to make, adopt and promulgate such written rules of procedures, bylaws and forms as it may deem necessary for the proper execution of its duties and to secure the intent of this chapter. Every rule, regulation and every amendment or repeal thereof shall be filed in the office of the Town Clerk and shall be a public record. In addition to any other matters within its authority, the Zoning Board of Appeals is hereby authorized to promulgate rules regarding the following matters:
(1) 
The day and time by which applications for new matters, and supplemental materials for pending matters, must be submitted to the Secretary of the Zoning Board of Appeals in order to be considered at the next meeting of the Board.
(2) 
The number of copies of materials that must be submitted for new and pending matters.
(3) 
The maximum number of applications that may be heard at a regular meeting of the Board.
(4) 
The form of the applications for variance and interpretation requests including the use of a long-form or a short-form environmental assessment form for certain matters.
(5) 
The maximum length of time of a regular meeting of the Board.
(6) 
The conduct of applicants and the public at meetings and public hearings of the Board.
D. 
Meetings.
(1) 
All meetings of the Zoning Board of Appeals shall be held at the call of the Chairman and at such other times as such Board may determine. The Chairman or his or her designee will administer oaths and compel the attendance of witnesses. All meetings of such Board shall be open to the public.
(2) 
The Zoning Board of Appeals shall keep minutes of its proceedings showing the vote of each member on every question. If a member is absent or fails to vote, the minutes shall indicate such fact. Every order, requirement, decision or determination of the Zoning Board of Appeals shall be filed in the office of the Town Clerk and shall be a public record.
E. 
Referrals to the Planning Board. In connection with any appeal or application submitted to the Zoning Board of Appeals, said Board may transmit to the Planning Board a copy of said appeal or application for an advisory opinion. Upon such request, the Planning Board shall submit a report of such advisory opinion within 62 days of the receipt of the referral.
F. 
Public notice and hearing. The Zoning Board of Appeals shall fix a reasonable time for the hearing of the appeal, interpretation, special use permit, or other matter referred to it and give public notice thereof by the publication in the official newspaper of a notice of such hearing, at least 10 days prior to the date thereof, and shall, at least 10 days before such hearing, mail notice thereof to the owners of property within 200 feet of the parcel requesting relief. Such notice shall not be required for adjourned dates. The notice shall state the date, time, place and subject of the public hearing at which the application will be reviewed. Such notice shall not be required for adjourned dates. The records of the Receiver of Taxes of the Town of Poughkeepsie shall be deemed conclusive as to ownership, and the notice shall be deemed complete when deposited in a properly addressed, postpaid envelope in the United States mail. The Zoning Board of Appeals may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of the application, including the prominent placement of one or more signs on the premises that is the subject of the application notifying interested persons that an application is under consideration by the Board.
G. 
County referral. Prior to action on an application for an area variance, a use variance, or a special use permit under this section, a copy of said application shall be forwarded to the Dutchess County Planning Department for review pursuant to General Municipal Law § 239-m if the boundary of the property that is the subject of the application is located within 500 feet of:
(1) 
The boundary of any city, village, or town; or
(2) 
The boundary of any existing or proposed county or state park or other recreation area; or
(3) 
The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway; or
(4) 
The existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines; or
(5) 
The existing or proposed boundary of any county- or state-owned land on which a public building or institution is situated; or
(6) 
The boundary of a farm operation located in an agricultural district, as defined by Article 25-AA of the Agriculture and Markets Law.
H. 
Referral to neighboring municipalities. Pursuant to General Municipal Law § 239-nn, for a use variance or a special use permit review under this section involving property located within 500 feet of an adjacent municipality, notice of any public hearing shall be given by mail or electronic transmission to the Clerk of the adjacent municipality not less than 10 days prior to the date of said hearing.
I. 
Notice to park commission and county planning board or agency or regional planning council. At least five days before such hearing, the Zoning Board of Appeals shall mail notices thereof to the parties; to the regional state park commission having jurisdiction over any state park or parkway within 500 feet of the property affected by such appeal.
J. 
Agricultural data statement. An application for an area variance, a use variance, or a special use permit must also contain an agricultural data statement if any portion of the project is located on property within an agricultural district containing a farm operation, or other property with boundaries within 500 feet of a farm operation located in an agricultural district. The agricultural data statement shall contain the name and address of the applicant; a description of the proposed project and its location; the name and address of any owner of land within the agricultural district which contains farm property: and a tax map or other map showing the site of the proposed project relative to the location of farm operations identified in the agricultural data statement.
K. 
Assistance. The Zoning 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. Such department, agency or employee shall be reimbursed for any expenses incurred as a result of such assistance.
L. 
Decision. The Zoning Board of Appeals shall make a decision within 62 days after the final hearing. The concurring vote of the majority of all members of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of any official charged with the administration of this chapter or to decide in favor of an applicant in any matter upon which it is required to pass under any ordinance or to effect any variation in this chapter.
M. 
Default denial. In exercising its appellate jurisdiction only, if an affirmative vote of a majority of all members of the Board is not attained on a motion or resolution to grant a variance or reverse any order, requirement, decision or determination of the enforcement officer within the time allowed by Subsection L herein, the appeal shall be deemed denied. The Board may amend the failed motion or resolution and vote on the amended motion or resolution within the time allowed without being subject to a rehearing process.
N. 
Appeals. Any person or persons jointly or severally aggrieved by any decision of the Zoning Board of Appeals may apply to the Supreme Court for relief by a proceeding under Article 78 of the Civil Practice Act of the State of New York. Such proceeding shall be governed by the provisions of Article 78 of the Civil Practice Act, and must be instituted as provided within 30 days after the filing of a decision in the office of the Town Clerk. The court may take evidence or appoint a referee to take such evidence as it may direct and report the same with any findings of fact and conclusions of law if it shall appear that testimony is necessary for the proper disposition of the matter. The court at special term shall itself dispose of the cause on the merits, determining all questions which may be presented for determination. Costs shall not be allowed against the Zoning Board of Appeals unless it shall appear to the court that it acted with gross negligence or in bad faith or with malice in making a decision appealed from.
A. 
The Zoning Board of Appeals shall hear and decide appeals from and review any order, requirement, decision or determination made by the Zoning Administrator or the Building Inspector under this chapter in accordance with the procedures set forth herein.
B. 
Violations. Upon written report or receipt of a notice of violation or an order to cease and desist from the Zoning Administrator and/or Building Inspector for a violation of this chapter, the Zoning Board of Appeals shall not review, hold public meetings or public hearings, and shall take no action regarding an application for area variance approval, use variance approval, or interpretation until notified by the Zoning Administrator and/or Building Inspector that such violation has been cured or ceased by the applicant. However, the Board may, upon written recommendation of the Zoning Administrator and/or Building Inspector, review and act on an application involving property for which there is a violation where such application is a plan to cure the violation and bring the property or use of the property into compliance with this chapter.
C. 
Upon filing of a notice of appeal and payment of a filing fee by the appellant or applicant, the Zoning Administrator shall forthwith transmit to the Zoning Board of Appeals all the papers constituting the record upon which the action appealed from was taken.
D. 
An appeal shall stay all proceedings in furtherance of the action appealed from, unless the administrative officer charged with the enforcement of such ordinance or local law, from whom the appeal is taken, certifies to the Zoning Board of Appeals, after the notice of appeal has been filed with the administrative 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 Zoning Board of Appeals or by a court of record on application, on notice to the administrative official from whom the appeal is taken and for due cause shown.
E. 
Time of appeal. An appeal shall be taken within 60 days after the filing of any order, requirement, decision, interpretation or determination of the administrative officer charged with the enforcement of such ordinance or local law by filing with such administrative officer and with the Zoning Board of Appeals a notice of appeal, specifying the grounds thereof and the relief sought. The administrative official from whom the appeal is taken shall immediately transmit to the Zoning Board of Appeals all the papers constituting the record upon which the action appealed from was taken. The cost of sending or publishing any notices relating to such appeal shall be borne by the appealing party and shall be paid to the Board of Appeals prior to the date set for hearing on such appeal.
[Amended 9-7-2011 by L.L. No. 21-2011]
[Amended 3-18-2026 by L.L. No. 4-2026]
A. 
Interpretations. Upon the appeal from a decision by an administrative official, the Zoning Board of Appeals shall decide any question involving interpretation of any provision of this chapter, including any determination of the exact location of any district boundary if there is uncertainty with respect thereto. The Board may reverse or affirm, wholly or in part, 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. In making such determination, the Board shall have all of the powers of the administrative official from whose order, requirement, decision, interpretation or determination the appeal is taken.
B. 
Use variances. The Zoning Board of Appeals, on appeal from the decision or determination of the administrative officer charged with the enforcement of this chapter, shall have the power to grant use variances, as defined in the New York State Town Law. No use variance shall be granted by the Board without a showing by the applicant that zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant shall demonstrate to the Zoning Board of Appeals for each and every permitted use under the zoning regulations for the particular district where the property is located:
(1) 
That the applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence, and
(2) 
That the alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood, and
(3) 
That the requested use variance, if granted, will not alter the essential character of the neighborhood, and
(4) 
That the alleged hardship has not been self-created.
C. 
Use variance approval and conditions. In granting a use variance, the Zoning Board of Appeals 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 health, safety and welfare of the community. The Board may grant approval of a use variance on such conditions as the Board may find reasonable and necessary to preserve and protect the character of the neighborhood and the health, safety and welfare of the community. Said conditions shall be consistent with the spirit and intent of this chapter, and shall be imposed for the purpose of minimizing any adverse impact such use variance may have on the neighborhood or community.
D. 
Area variances. The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of the administrative officer charged with the enforcement of this chapter, to grant area variances as defined in the Town Law. In making its determination, 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:
(1) 
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;
(2) 
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
(3) 
Whether the requested area variance is substantial;
(4) 
Whether the proposed variance will have an adverse effect or impact on the physical or environment conditions in the neighborhood or district; and
(5) 
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.
E. 
Area variance approval and conditions. In granting an area variance, the Zoning Board of Appeals 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 health, safety and welfare of the community. The Board may grant approval of an area variance on such conditions as the Board may find reasonable and necessary to preserve and protect the character of the neighborhood and the health, safety and welfare of the community. Said conditions shall be consistent with the spirit and intent of this chapter, and shall be imposed for the purpose of minimizing any adverse impact such area variance may have on the neighborhood or community.
F. 
Action following public hearing. Following public notice and hearing, the Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as, in its opinion, ought to be made in the premises and to that end shall have all the powers of the officer from whom the appeal is taken.
G. 
Rehearing. A motion for the Zoning Board of Appeals to hold a rehearing to review any order, decision or determination of the Board not previously reheard may be made by any member of the Board. A unanimous vote of all members of the Board then present is required for such rehearing to occur. Such rehearing is subject to the same notice provisions as an original hearing. Upon such rehearing the Board may reverse, modify or annul its original order, decision or determination upon the unanimous vote of all members then present, provided the Board finds that any of the rights vested in persons acting in good faith in reliance upon the reheard order, decision or determination will not be prejudiced thereby.
H. 
Denied and dismissed applications. No application for a variance shall be considered by the Zoning Board of Appeals within 18 months of the date of denial or dismissal of an appeal for the same or similar relief respecting the same property unless there appears on the face of the renewal application evidence of new or changed circumstances regarding the property and indicating that a rehearing of the matter is warranted.
I. 
Expiration of variance approvals.
(1) 
The area variance and/or use variance approval shall expire if construction or the use is not commenced within one year of the date of Zoning Board of Appeals' approval, and completed within two years of the date of such approval.
(2) 
When an area variance or use variance is required in connection with a Planning Board application, the time period for expiration of the approval shall not commence until the date of the corresponding Planning Board approval.
(3) 
A use variance shall also expire if the approved use has ceased for a period of 12 consecutive months.
J. 
Applications for special use permit, site plan, and subdivision approvals. Pursuant to § 274-a(3), 274-b(3), and 277(3) of the New York State Town Law, nothing herein shall be construed to prevent an applicant for special use permit, site plan, or subdivision approval from submitting an application for variance approval without first obtaining a decision or determination from the Building Inspector or Zoning Administrator.