[Amended 4-7-1980 by L.L. No. 1-1980; 12-1-1997 by L.L. No.
6-1997]
A.
A Zoning Board of Appeals is hereby created. Said
Board shall consist of five members appointed by the Mayor and confirmed
by the Board of Trustees, who shall also designate a Chairperson and
Deputy Chairperson. The existing Zoning Board of Appeals shall be
continued. One or two alternate Zoning Board of Appeals members may
be appointed by the Mayor, subject to the approval of the Board of
Trustees, each alternate member to serve for a term concurrent with
the term of the Mayor.
[Amended 1-6-2003 by L.L. No. 2-2003]
B.
No person who is a member of the Village Board shall
be eligible for membership on such Zoning Board of Appeals.
C.
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. All terms shall
run concurrent with the Village's official year. Their successors
shall be appointed for terms of five years from and after the expiration
of the terms of their predecessors in office. In making such appointments,
the Village Board may require Zoning Board of Appeals members to complete
training and continuing education courses in accordance with any local
requirements for the training of such members. If a vacancy shall
occur otherwise than by expiration of term, it shall be filled by
the Village Board for appointment for the unexpired term.
D.
The Mayor, with confirmation by the Board of Trustees,
shall have the power to remove, after a public hearing, any member
or alternate member of the Zoning Board of Appeals for cause.
[Amended 1-6-2003 by L.L. No. 2-2003]
E.
All meetings of the Zoning Board of Appeals shall
be held at the call of the Chairperson and at such other times as
such Board may determine. Such Chairperson or, in his or her absence,
the Acting Chairperson, may administer oaths and compel the attendance
of witnesses.
F.
The Zoning Board of Appeals shall establish such rules
and regulations as are required by state and local laws for the transaction
of its business and may amend, modify and repeal the same from time
to time.
G.
Whenever the Zoning Board of Appeals, after hearing
all the evidence presented upon an application for appeals under the
provisions of this chapter, denies or rejects the same, said Zoning
Board of Appeals shall refuse to hold further hearings on the same
or substantially similar application for appeal by the same applicant,
their successors or assigns for a period of one year, except and unless
the Zoning Board of Appeals shall find and determine from the information
supplied in the request for a rehearing that a change in conditions
has occurred which relates to the promotion of public health, safety,
convenience, comfort, prosperity and general welfare and that a reconsideration
is justified. Such rehearing may be granted only upon the favorable
vote of not less than four members of the Zoning Board of Appeals.
H.
Each Zoning Board of Appeals member and alternate
member shall attend all regularly scheduled and properly noticed meetings
of the Zoning Board of Appeals. Absence from two consecutive meetings
or from a total of four meetings in any official year shall subject
that member or alternate member to removal by the Mayor after a public
hearing and confirmation by the Board of Trustees.
[Added 1-6-2003 by L.L. No. 2-2003]
I.
An alternate member in attendance at a meeting shall
be designated by the Chairperson of the Zoning Board of Appeals to
substitute for a regular member when a regular member is unable to
attend or participate because of a conflict of interest, illness,
or other personal reason. If two alternate members shall have been
appointed by the Mayor and are both in attendance at a particular
meeting of the Zoning Board of Appeals and if the Chairman shall need
to designate only one alternate to serve at that time, the Chairman
shall designate the alternate who was not the last to be so designated.
The minutes of the Zoning Board of Appeals meeting at which an alternate
is designated shall recite the designation and the name of the designated
alternate. Unless designated, the alternate may not vote nor participate
as a member. When designated, the alternate shall be permitted to
participate and vote with the same duties and powers as a regular
member, but the designation shall expire at the end of that meeting.
The designation of an alternate shall also expire in the event that
the regular member for whom the alternate was substituted would be
in attendance later at that meeting or in the event that the regular
member no longer has a conflict of interest with regard to other matters
on the agenda.
[Added 1-6-2003 by L.L. No. 2-2003]
J.
Each regular and alternate member shall complete training
and continuing education courses in accordance with minimum requirements
established by resolution of the Board of Trustees. Any Zoning Board
of Appeals member or alternate member who shall not complete such
training and continuing education courses as established by the Board
of Trustees shall be subject to removal by the Mayor after a public
hearing and confirmation by the Board of Trustees.
[Added 1-6-2003 by L.L. No. 2-2003]
K.
Zoning Board of Appeals members and alternates may
be compensated on a per meeting basis, an annual basis or a combination
thereof in such amounts as may be determined by resolution of the
Board of Trustees within the budgeted amounts appropriated therefor.
The compensation of alternates shall be the same as the compensation
for regular members.
[Added 1-6-2003 by L.L. No. 2-2003]
The Zoning Board of Appeals shall have all the
powers and duties prescribed by Article 7 of the Village Law of the
State of New York and this chapter.
A.
Meetings, minutes and records. 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. Such 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.
B.
Filing requirements. Every rule, regulation, every
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 within five business days and shall
be a public record.
C.
Assistance to the Zoning Board of Appeals. 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 Village Board.
D.
Hearing appeals. 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 Village Board. Such department, agency or employee
shall be reimbursed for any expenses incurred as a result of such
assistance. The concurring vote of not less than three 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
or board of the Village.
E.
Time of appeal. Such appeal shall be taken within
60 days after the filing in the Village Clerk's office of any order,
requirement, decision, interpretation or determination of the administrative
official charged with the enforcement of this chapter 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.
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 Zoning
Board of Appeals prior to the hearing of such appeal.
F.
Stay upon appeal. An appeal shall stay all proceedings
in furtherance of the action appealed from, unless the administrative
official charged with the enforcement of this chapter certifies to
the Zoning Board of Appeals, after the notice of appeal shall have
been filed with the administrative official, 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 on due cause shown.
G.
Meeting on appeal. The Board shall fix a time and
place for a public hearing thereon and shall provide for the giving
of notice at least 10 days prior to the date thereof as follows:
(1)
By publishing a notice in the official newspaper.
(2)
By requiring the Code Enforcement Officer or his designee to erect
a weather-resistant sign prominently displayed on the premises facing
each public street on which the property abut, giving notice that
the application for approval is pending and to check the Village web
site for the date and time of the public hearing. The sign shall not
be set back more than 10 feet from the property or street line and
shall be not less than two nor more than six feet above the grade
at the property line or placed where practical. The sign shall be
displayed for a period of not less than 10 days immediately preceding
the public hearing date or any adjournment date.
[Amended 10-3-2016 by L.L. No. 5-2016]
(3)
If the land involved in an application is within 500
feet of the boundary of any other municipality, notice of the public
hearing shall also be mailed to the Municipal Clerk of such other
municipality.
H.
Notice to Park Commission and County Planning Board.
At least 10 days before such hearing, the Zoning Board of Appeals
shall mail notices thereof to the parties and to the Regional State
Parks Commission having jurisdiction over any state park or parkway
within 500 feet of the property affected by such appeal and to the
County Planning Board as required by § 239-m of the General
Municipal Law, which notice shall be accompanied by a full statement
of the matter under consideration, as defined in Subdivision 1 of
§ 239-m of the General Municipal Law.
I.
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.
J.
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 within five business days after the day such
decision is rendered and a copy thereof mailed to the applicant.
A.
Interpretations, requirements, decisions and determinations.
The Zoning Board of Appeals may reverse or affirm, wholly or partly,
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 charged
with the enforcement of this chapter and to that end shall have all
the powers of the administrative official from whose order, requirement,
decision or determination the appeal is taken.
B.
Use variances.
(1)
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, authorizing
a use of the land which otherwise would not be allowed or would be
prohibited by the terms of this chapter.
(2)
No such use variance shall be granted by the Zoning
Board of Appeals without a showing by the applicant that applicable
zoning regulations and restrictions have caused unnecessary hardship.
In order to prove such unnecessary hardship, the applicant shall demonstrate
that:
(a)
The applicant cannot realize a reasonable return,
provided that the lack of return is substantial as demonstrated by
competent financial evidence;
(b)
The alleged hardship relating to the property
in question is unique and does not apply to a substantial portion
of the zone district or neighborhood;
(c)
The requested use variance, if granted, will
not alter the essential character of the neighborhood; and
(d)
The alleged hardship has not been self-created.
(3)
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 proven 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.
C.
Area variance.
(1)
The Zoning Board of Appeals shall have the power,
upon an appeal from a decision or determination of an administrative
official charged with the enforcement of this chapter, to grant area
variances from the area or dimensional requirements of this chapter.
(2)
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:
(a)
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;
(b)
Whether the benefit sought by the applicant
can be achieved by some method feasible for the applicant to pursue
other than an area variance;
(c)
Whether the requested area variance is substantial;
(d)
Whether the proposed variance will have an averse
effect or impact on the physical or environmental conditions in the
neighborhood or zone district; and
(e)
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.
(3)
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.
D.
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 and/or the period of time such variance shall be in effect.
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 that such variance may have on the neighborhood or
community.
A.
Application to Supreme Court by aggrieved persons.
Any person or persons, jointly or severally aggrieved by any decision
of the Zoning Board of Appeals or any officer, department or board
of the Village, may apply to the Supreme Court for review by a proceeding
under Article 78 of the Civil Practice Law and Rules. Such proceeding
shall be instituted within 30 days after the filing of a decision
of the Board in the office of the Village Clerk or in the office designated
by resolution of the Village Board. The Court may take evidence or
appoint a referee to take such evidence as it may direct and report
the same with his or her 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.
B.
Costs of appeal. 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
the decision appealed from.
C.
Preference of appeal to Court. All issues in any proceeding
under this section shall have preference over all other civil actions
and proceedings.
D.
Power of Court. If, upon the hearing at a special
term of the Supreme Court, it shall appear to the Court that testimony
is necessary for the proper disposition of the matter, it may take
evidence or appoint a referee to take such evidence as it may direct
and report the same to the Court with his or her findings of fact
and conclusions of law, which shall constitute a part of the proceedings
upon which the determination of the Court shall be made. The Court
may reverse or affirm, wholly or partly, or may specify the decision
brought up for review.
