Pursuant to the Village Law, the Village Board
of Trustees shall appoint a Zoning Board of Appeals consisting of
five members, shall designate its Chairman and shall also provide
for such 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 Village Board of Trustees. The Village Board of Trustees shall
have the power to remove any member of the Zoning Board of Appeals
for cause, after public hearing.
A. Term of appointment.
(1) Of the members of the Zoning Board of Appeals first
appointed, one shall hold office for the term of one year, one for
the term of two years, one for the term of three years, one for the
term of four years and one for the term of five years from and after
his or her appointment. The appointment of a Chairman shall be for
a term of one year.
(2) Their successors shall be appointed for the term of
five 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 Village Board of Trustees by appointment
for the duration of the unexpired term.
B. Staff. The Zoning Board of Appeals may employ such
clerical or other staff assistance as may be necessary and prescribe
their duties, provided that it shall not at any time incur expenses
beyond the amount of the appropriations made by the Village Board
of Trustees and then available for that purpose.
C. Powers and duties. The Zoning Board of Appeals shall
have the following powers and duties:
(1) Appeals. The Zoning Board of Appeals shall hear and
decide appeals from and review any order, requirement, decision or
determination made by an administration official charged with the
enforcement of this chapter.
(2) All variance applications shall be subject to a public hearing. The
Board shall fix a time and place for a public hearing thereon and
shall provide for the giving of notice as follows:
[Amended 10-16-2018 by L.L. No. 5-2018]
(a)
By publishing a notice in the official newspaper not less than
five days prior to the public hearing date.
(b)
By posting a notice on the official Village bill hoard at the
Village Hall no less than five days prior to the public hearing date.
(c)
By requiring a white-with-black-lettering sign or signs, measuring
not less than two feet high and two feet wide, which shall be prominently
displayed on the premises subject to the variance application facing
each public street on which the property abuts, giving notice that
an application for an appeal is pending and a phone number to contact
for information on the appeal. The sign shall not be set back more
than 10 feet from the street line or sidewalk. The signs shall be
placed by Village personnel and shall not be removed or relocated
prior to the hearing on the variance. The sign shall be furnished
by the Zoning Board of Appeals and shall remain the property of the
Village, shall be removed by Village personnel subsequent to the hearing
and shall not be less than two feet nor more than six feet above the
grade at the street line. The sign shall be displayed for a period
of not less than seven days immediately preceding the public hearing
date. By submission of an application for a variance, the property
owner consents to the notice sign(s) being placed on the subject property
by Village personnel in accordance herewith.
(d)
In the event that the land involved in an application for a
variance is within 500 feet of the boundary of the Village, notice
of the public hearing shall also be mailed to the municipal clerk
of the town or towns in which the Village boundary line is located
500 feet of the subject property at least seven days in advance of
the public hearing date.
D. Rules of procedure; bylaws; forms. The Zoning Board
of Appeals shall have the power to make, adopt and promulgate such
written rules of procedure, bylaws and forms as they may deem necessary
for the proper execution of their duties and to secure the intent
of this chapter.
[Added 3-9-2004 by L.L. No. 2-2004]
A. Two alternate members for the Zoning Board of Appeals
shall be appointed by the Mayor, subject to the consent of the Board
of Trustees, for a term which expires at the end of the official year
in which the alternate member is appointed. The Mayor shall designate
which of the alternate Board members will substitute on the first
occasion that service of an alternate Board member is deemed necessary
and shall also designate the order in which alternate Board members
will serve on such subsequent occasions.
B. When a member of the Zoning Board of Appeals is expected to be absent or is absent for good cause or recuses himself or herself for proper cause from considering and voting on a particular application or matter, the Chairperson of the Board may designate an alternate Board member to substitute for such regular Board member. Such designation shall be made in accordance with the list of alternate Board members created pursuant to Subsection
A hereof.
C. When designated to substitute for a regular Board member, alternate Board members shall possess all the powers of a regular member of the Board. Such designation shall be entered into the minutes of the initial Board meeting at which the substitution is made. An alternate Board member may consider and vote on an application made or recommendations sought prior to designation of the alternate Board member. Any recommendation, decision or determination of the Board which includes the vote of one or more alternate Board members shall have equal force and effect as recommendations, decisions and determinations made solely by a vote of the regular members of the Board, provided that Subsection
E of this section has been complied with.
D. All provisions of law, regulation and policy relating
to the training, continuing education, meeting attendance, compensation,
eligibility, vacancy in office, removal, and service which apply to
a regular Zoning Board of Appeals member shall apply to alternate
members.
E. In the event of the substitution of an alternate member
for the purposes of providing a quorum for the Zoning Board of Appeals,
such alternate member shall not participate in any vote taken by such
Board unless that alternate member has first fully reviewed all of
the record, documentation and minutes of previous proceedings pertaining
to the matter being voted upon.
F. This section supersedes New York State Village Law
to the extent that said law limits the numbers of Board members, fails
to provide for appointment of and substitution by alternate Board
members and prohibits Board members from taking part in consideration
of any matter for which application was on file prior to the alternate
member's appointment.