A.
Zoning Board of Appeals continued. The Zoning Board
of Appeals of the Village shall be continued and from the effective
date of this chapter shall consist of five members. Except as may
be provided elsewhere in this chapter, the Zoning Board of Appeals
shall have the powers, functions and duties prescribed by and be subject
to all the provisions of §§ 7-712, 7-712-a, 7-712-b
and 7-712-c of the Village Law, as amended, which are hereby incorporated
by reference, together with such additional powers, functions and
duties as may hereafter be provided by law.
B.
Administrative powers. The Zoning Board of Appeals
shall be vested with original jurisdiction to exercise the administrative
powers expressly provided by this chapter. The Zoning Board of Appeals
shall not grant any permit or relief requested by any application
requiring the exercise of original administrative powers hereunder,
as distinguished from its appellate powers, unless and until it shall
hold a public hearing to consider the merits of such application and
to hear all pertinent comments and objections regarding such application.
C.
Hearing appeals and vote. The Zoning Board of Appeals
shall hear and decide appeals from and review any order, requirement,
decision, interpretation, or determination made by an administrative
official charged with the enforcement of this chapter. Such Board
shall have the authority to call upon any department, agency or employee
of the Village for such assistance as shall be deemed necessary and
as shall be authorized by the Board of Trustees. Such department,
agency or employee shall be reimbursed for any expenses incurred as
a result of such assistance. The concurring vote of a majority of
the members of the Zoning Board of Appeals shall be necessary to reverse
any order, requirement, decision or determination of any such administrative
official or to grant a use variance or area variance. Such appeal
may be taken by any person aggrieved or by an officer, department,
board or bureau of the Village.
[Amended 3-22-2004 by L.L. No. 1-2004]
D.
Rules of procedure. The Zoning Board of Appeals may
promulgate such rules of procedure and other reasonable regulations,
not inconsistent with §§ 7-712, 7-712-a and 7-712-b
of the Village Law or with the provisions of any other law, as it
may deem necessary and expedient to the orderly and proper performance
of its duties and to the exercise of its powers. All decisions of
the Zoning Board of Appeals shall be in compliance with such rules.
E.
Meetings of the Zoning Board of Appeals. Meetings
of the Zoning Board of Appeals shall be held at sufficiently frequent
intervals, at the discretion of the Board, for the efficient conduct
of its business. Meetings of such Zoning Board of Appeals shall be
open to the public to the extent provided in Article 7 of the Public
Officers Law.
A.
Appeals. Appeals to the Zoning Board of Appeals may
be taken by any person aggrieved by any decision of any officer charged
with the enforcement of this chapter. The decisions which may be appealed
to the Zoning Board of Appeals include refusal of a zoning permit
or certificate of occupancy by the person designated to issue such
permit or certificate. The Zoning Board of Appeals may reverse or
affirm, wholly or partly, or may modify the order, requirement, decision,
interpretation or determination appealed 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 chapter and to that end shall
have all the powers of the administrative official whose order, requirement,
decision or determination is appealed.
B.
Variances.
(1)
General. Upon appeal in writing from a decision of any officer charged with enforcement of this chapter or a direct application for an area variance as provided in site plan approval, § 225-30E, and after public hearing the Zoning Board of Appeals may vary the strict application of the regulations, requirements and provisions of this chapter.
[Amended 6-24-2002 by L.L. No. 4-2002]
(2)
Guiding principals. The proper exercise of the power
to vary or modify the application of the regulations, requirements
and provisions of this chapter shall be construed as requiring that:
(a)
The jurisdiction of the Board of Trustees shall
not be infringed upon by action of the Zoning Board of Appeals in
any matter which should appropriately be the subject for an amendment
of this chapter or the Zoning Map.
(b)
The jurisdiction of the Planning Board shall
not be infringed upon by action of the Zoning Board of Appeals in
any matter, including matters which involve the approval of a plat.
(4)
Use variances.
(a)
The Zoning Board of Appeals, on appeal from
the decision or determination of the Code Enforcement Officer, shall
have the power to grant use variances, authorizing a use of the land
which otherwise would not be allowed or would be prohibited by the
terms of this chapter.
(b)
No such use variance shall be granted by the
Zoning Board of Appeals without a showing by the applicant and a finding
by the Zoning Board of Appeals that applicable 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 that for each and every permitted use under this
chapter for the particular district where the property is located:
[1]
The applicant cannot realize a reasonable return,
provided that lack of return is substantial as demonstrated by competent
financial evidence;
[2]
The alleged hardship relating to the property
in question is unique and does not apply to a substantial portion
of the district or neighborhood;
[3]
The requested use variance, if granted, will
not alter the essential character of the neighborhood; and
[4]
The alleged hardship has not been self-created.
(c)
The Zoning 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.
(5)
Area variances.
(a)
The Zoning Board of Appeals shall have the power,
upon an appeal from a decision or determination of the Code Enforcement
Officer, to grant area variances from the area or dimensional requirements
of this chapter.
(b)
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
and determine:
[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 environmental 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 Zoning
Board of Appeals but shall not necessarily preclude the granting of
the area variance.
(c)
The Zoning 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.
(6)
Imposition of conditions. The Zoning Board of Appeals
shall, in the granting of both use variances and area variances, have
the authority to impose such reasonable conditions and restrictions
as are directly related to and incidental to the proposed use of the
property. 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 such variance may have on the neighborhood or community.
C.
Interpretation. The Zoning Board of Appeals is hereby
authorized, upon an appeal, to hear and decide:
(1)
Any matter where it is alleged by appellants that
any officer charged with the enforcement of this chapter was in error
in refusing to issue a zoning permit, certificate of occupancy or
other permit, as the result of misinterpretation of the meaning or
intent or application of any section or part of this chapter.
(2)
Any matter where it is alleged by appellants that
any officer charged with the enforcement of this chapter was in error
in a determination made by him as to the exact location of a district
boundary line on the Zoning Map that forms a part of this chapter.
(3)
Any matter where any officer charged with the enforcement
of this chapter is unable to make a determination as to the exact
location of a district boundary line due to the fact that the street
layout actually on the ground varies from the street layout as shown
on the Zoning Map. In any such matter, the Zoning Board of Appeals
shall apply the designations shown on the mapped streets in such a
way as to carry out the intent and purpose of the Zoning Map for the
particular area in question.
A.
Appeals.
(1)
Commencement and notice of appeal. To commence an
appeal, a notice of appeal shall be filed with the Code Enforcement
Officer and the Secretary to the Zoning Board of Appeals in writing,
on a form required by the Zoning Board of Appeals.
(2)
Time of appeal. Such 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 such
administrative official 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 forthwith
transmit to the Zoning Board of Appeals all the papers constituting
the record upon which the action appealed from was taken.[1]
(3)
Stay upon appeal. An appeal shall stay all proceedings
in furtherance of the action appealed from, unless the Code Enforcement
Officer, from whom the appeal is taken, certifies to the Zoning Board
of Appeals, after the notice of appeal shall have been filed with
the Code Enforcement 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 a court of record on application, on notice
to the Code Enforcement Officer from whom the appeal is taken and
on due cause shown.
(4)
Compliance with State Environmental Quality Review
Act: The Zoning Board of Appeals shall comply with the provisions
of the. State Environmental Quality Review Act (SEQRA) under Article
8 of the Environmental Conservation Law and its implementing regulations
as codified in 6 NYCRR 617.
(5)
Public notice and hearing. Public notice of any required
public hearing by the Zoning Board of Appeals shall be given in accordance
with the applicable provisions of the State of New York Village Law
and as follows:
[Amended 6-24-2002 by L.L. No. 4-2002]
(a)
Publication. A notice of the public hearing
stating the substance of the appeal or application and the names and
addresses of the appellants or applicants, describing the property
to which it pertains and specifying the time, place and object of
the public hearing upon said appeal or application shall be published
in the official newspaper of the Village not less than five days prior
to the date of such public hearing.
(b)
Written notice. Written notice of the public hearing, as described in Subsection A(5)(a), shall be mailed to each appellant or applicant, to such other property owners in the affected area as shall be determined by the Zoning Board of Appeals not less than five days prior to the date of such public hearing, to any required municipal, county, metropolitan, regional, state or federal agency in the manner prescribed by law, and to the respective addresses of each parcel of real property (if any) in the Village within 200 feet of the premises to which said application shall pertain and addressed to the respective owner or owners thereof. It shall not be necessary to so mail true copies thereof to the owner or owners of any such parcel without a mailing address assigned to such parcel by the United States postal authorities.
(6)
Referral to Planning Board. Written notice of any
appeal or application, together with a copy of said appeal or application
and the time and place of the public hearing upon said appeal or application,
shall be given to the Planning Board not less than 10 days prior to
the date of such hearing. The Planning Board shall submit a report
of its advisory opinion on said appeal or application within 30 days
from the date of such referral. The Zoning Board of Appeals shall
take no final action on the appeal or application until receiving
the report of the advisory opinion of the Planning Board; except that
if the Planning Board fails to submit such report to the Zoning Board
of Appeals within 30 days of such referral, such failure shall be
interpreted as a favorable opinion for the appeal or application and
the Zoning Board of Appeals may take final action without such report.
(7)
Referral to Onondaga County Planning Agency.
(a)
The Zoning Board of Appeals shall refer such
matter, including a full statement of such matter, to the Onondaga
County Planning Agency for a report and recommendation, pursuant to
General Municipal Law § 239-m, before taking final action
on any application, appeal or variance affecting real property lying
within a distance of 500 feet from the boundary of the Village, or
from the boundary of any existing or proposed county or state park
or other recreation area, or from the right-of-way of any existing
or proposed county or state road or highway, or from 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 from the existing or proposed boundary of any county- or state-owned
land on which a public building or institution is situated.
(b)
If the Onondaga County Planning Agency fails
to make such report within 30 days after receipt of the referred matter,
the Zoning Board of Appeals may act without such report. If the County
Planning Agency recommends disapproval, or recommends modification
thereof, the Zoning Board of Appeals may act contrary to such disapproval
or recommendation only by a vote of a majority plus one of all the
members thereof. The Zoning Board of Appeals shall file a report of
its action with the County Planning Agency within seven days after
such action is taken.
[Amended 6-24-2002 by L.L. No. 4-2002]
(8)
Hearing on appeal. The Zoning Board of Appeals shall fix a reasonable time for the hearing of the appeal or other application referred to it and give public notice of such hearing as provided in Subsection A(5) of this section at least five days prior to the date thereof. Upon the hearing, the Board shall hear all interested persons and any party may appear in person or by agent or attorney.[3]
(9)
Time of decision. The Zoning Board of Appeals shall
decide upon the appeal within 62 days after the conduct of said hearing.
The time within which the Zoning Board of Appeals must render its
decision may be extended by mutual consent of the applicant and the
Board.
(10)
Filing of decision and notice. The decision
of the Zoning Board of Appeals on the appeal shall be filed in the
office of the Village Clerk/Treasurer within five business days after
the day such decision is rendered and a copy thereof mailed to the
applicant.
(11)
Records. The Zoning Board of Appeals shall cause
a record to be made of every public hearing held by said Board which
shall be filed with the Secretary of the Zoning Board of Appeals and
shall also compile and keep adequate written records of its proceedings
and determinations and the disposition of each application and all
proceedings had thereunder, all of which shall constitute public records.
The Zoning 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 examinations and other official actions.
[Amended 6-24-2002 by L.L. No. 4-2002]
(12)
Filing requirements. Every rule, regulation,
amendment or repeal thereof, and every order, requirement, decision
or determination of the Zoning Board of Appeals, shall be filed in
the office of the Village Clerk/Treasurer within five business days
after the day such is rendered and shall be a public record.
B.
Notice of application. Notice of application to the
Zoning Board of Appeals for a special use permit or other exercise
of administrative power granted to the Zoning Board of Appeals by
this chapter shall be filed with the Code Enforcement Officer and
the Secretary of the Zoning Board of Appeals and shall have annexed
thereto any information required by the provisions of this chapter
to accompany such application.
C.
Fees and expenses to accompany applications or appeals.
The Board of Trustees shall periodically promulgate a schedule of
fees and expenses to be assumed by each applicant or appellant for
an application or appeal which shall include expenses incurred by
the Zoning Board of Appeals for administrative and expert assistance.
An appropriate fee shall accompany each original application or appeal
presented before the Zoning Board of Appeals and shall be paid to
the Clerk/Treasurer of the Village upon the filing of the application
or appeal to be considered.
D.
Expert assistance expenses. On any application or
appeal, the applicant or appellant shall be obligated to pay for all
reasonable expert assistance fees, including but not limited to engineering
services, attorney services, architect services, surveyor services,
and any other costs, fees or expenses which are deemed necessary in
conjunction with said application or appeal, required by and as determined
by the Zoning Board of Appeals through and including the date of application
for the certificate of occupancy or certificate of completion. The
Zoning Board of Appeals shall obtain and provide a written estimate
for the cost of such expert assistance to the applicant or appellant.
The applicant or appellant shall deposit such estimated sum in an
account with the Clerk/Treasurer of the Village prior to performance
of such assistance. Any deficiency or surplus in such account existing
prior to the issuance of the certificate of occupancy or certificate
of completion shall be paid by or refunded to the applicant or appellant.
[Amended 6-24-2002 by L.L. No. 4-2002; 4-27-2023 by L.L. No. 4-2023]
E.
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 the rights vested in persons acting
in good faith in reliance upon the reviewed order, decision or determination
will not be prejudiced thereby.
The Zoning Board of Appeals shall have the power
and authority to grant a zoning permit or other permit or approval
either unconditionally or conditionally or temporarily in any proceedings
hereunder upon such terms and conditions and subject to such restrictions
as it shall deem reasonably desirable, expedient or necessary to assure
the carrying out of the purposes and intent of this chapter in the
public interest. Upon the violation of any such permit, said Board
may summarily revoke any such permit and resort to injunctive relief
in any court of competent jurisdiction, if necessary, to enforce its
mandate.
Within six weeks prior to the expiration of
any use formerly permitted by the Zoning Board of Appeals, said Board
may consider a new application requesting another permit to continue
such temporary use for an additional period of time, but it shall
be the duty of said Board to consider and act upon said application
de novo, pursuant to the provisions hereof, under the conditions then
existing.
