[Amended 2-12-2009 by L.L. No. 1-2009; 2-10-2011 by L.L. No.
1-2011]
A.
The Town Board shall appoint a Zoning Board of Appeals pursuant to
§ 267 of Town Law. Said Board shall consist of five members,
to serve for staggered five-year terms. The Chairperson of the Board
shall be one of the five members and shall be designated as such annually
by the Town Board. Vacancies shall be filled for such unexpired term
only. The Board shall elect a Vice Chairman from its membership, and
shall establish rules for the conduct of the officers. The Town Board
shall appoint a Secretary, and be in charge of any/all personnel and
employment decisions.
B.
The Town Board shall appoint one alternate member(s) of the Board
of Appeals to substitute for any regular member in the event of a
conflict of interest or other factor such as illness, vacation or
other absences. The alternate member(s) shall be appointed by resolution
of the Town Board for a term of five years. The chairperson of the
Board of Appeals may designate an alternate member to substitute for
a regular member when such regular member is unable to participate
in an application or matter before the Board of Appeals. When so designated,
the alternate member shall possess all of the powers and responsibilities
of such regular member. Such designation shall be entered into the
minutes of the initial Board of Appeals meeting at which the substitution
is made. All provisions relating to Board of Appeals member training
and continuing education, attendance, conflict of interest, compensation,
eligibility, vacancy in office, removal and service on other Boards
shall also apply to alternate members.
The Zoning Board of Appeals shall have all the
powers and duties prescribed by law and by this chapter, which are
specified as follows:
A.
Rules of procedure. The Zoning Board of Appeals shall
have the power to make, adopt and promulgate such written rules of
procedure, bylaws and forms as may be provided for in § 267 of
the Town Law for the proper execution of its duties. Such rules, bylaws
and forms shall not be in conflict with, or have the effect of waiving,
any provisions of this chapter or any other ordinance or law of the
Town of Corinth.
B.
Interpretive powers. The Zoning Board of Appeals shall
have the power to hear and decide on questions where it is alleged
there is an error in any order, requirement, decision or determination
made by the Code Enforcement Officer involving the interpretation
of any provision of this chapter, also involving a request by an administrative
official, board or agency of the Town to decide any of the following
questions:
C.
Variances.
(1)
Area variances. The Zoning Board of Appeals shall
have the power, upon appeal from a decision or determination of the
Code Enforcement Officer, to vary or modify yard requirements, setback
lines, lot coverage, frontage requirements, height requirements and
density regulations.
(a)
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:
[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 shall be relevant to the decision of the Zoning Board of Appeals,
but shall not necessarily preclude the granting of the area variance.
(b)
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.
(2)
Use variances. The Zoning Board of Appeals shall have
the power, upon appeal from a decision or determination of the Code
Enforcement Officer, to vary the use requirements of this chapter.
(a)
No use variance shall be granted by the Zoning
Board of Appeals without a showing by the applicant that applicable
land use 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 the land use regulations 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]
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;
[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.
(b)
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. At the same time, the Zoning Board of Appeals shall
preserve and protect the character of the neighborhood and the health,
safety and welfare of the community.
(3)
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.
D.
Site plan review for use variances. In the case of
the granting of a use variance, the Zoning Board of Appeals shall
determine if the applicant is to undergo site plan review with the
Planning Board.
A.
Meetings and voting requirements. Meetings shall be
held at the call of the Chairman or at such other times as the Board
of Appeals may determine. A quorum shall consist of three members.
In order to reverse a decision of the Code Enforcement Officer or
to authorize a variance, an affirmative vote of at least three members
shall be required. A vote of a majority plus one of all members shall
be required if the action taken by the Zoning Board of Appeals is
contrary to an advisory recommendation received from the Saratoga
County Planning Board under the provisions of § 239-m of the
General Municipal Law. The Board shall keep accurate minutes of its
proceedings, documenting fully all findings and showing the vote of
each member upon each question. All meetings of the Board of Appeals
shall be open to the public.
B.
Appeals.
(1)
All appeals shall be filed within 60 days of the action
appealed from and shall be accompanied by the applicable fee in accordance
with the fee schedule established by the Town Board and posted in
the Town Hall. Every appeal or request shall refer to the specific
provision of this chapter. Appeals shall also set forth either the
interpretation that is claimed or the details of the variance that
is applied for and the grounds on which it is claimed that such variance
should be granted. In addition, if the Planning Board determines that
the application requires review by the Town Engineer, the application
shall include a signed agreement to pay the professional fees in accordance
with the fee schedule established by the Town Board and posted in
the Town Hall.
[Amended 3-12-2009 by L.L. No. 2-2009]
(2)
All appeals and requests made to the Board shall be
in writing, on forms prescribed by the Board and furnished by the
Code Enforcement Officer.
(3)
The application shall contain a plot plan of the real
property to be affected, indicating the location and size of the lot
and size of improvements thereon and proposed to be erected thereon,
and all yard dimensions and adjacent property owners.
(4)
More specifically, each application for an area or
use variance shall be accompanied by a site plan with a scale of one
inch equals 50 feet. The site plan shall show the size and placement
of the lot, including Tax Map reference numbers (section, block, lot),
surrounding land use, design and location of proposed buildings, driveways,
parking areas, landscaping and screening, proposed drainage and utility
systems, existing and proposed contours of the land, and any other
information deemed necessary by the Zoning Board of Appeals.
(5)
The Zoning Board of Appeals has the right to waive
any of the aforementioned application requirements which it feels
are inapplicable.
C.
Public notice and hearing. The Board shall fix a reasonable
time and place for a public hearing on any such appeal or request,
of which hearing date the appellant shall be given notice and at which
hearing he shall appear in person or by agent. Additionally, notice
shall be provided as follows:
(1)
By publishing at least five calendar days prior to
the date thereof a legal notice in the official newspaper of the Town.
(2)
By requiring the applicant to provide notice of the
public hearing and data regarding the substance of the appeal to the
owners of all property abutting that property held by the applicant
and all other owners within 500 feet, or such additional distances
that the Board of Appeals may deem advisable, of the land involved
in such appeal. Notice shall be provided by certified mail at least
five calendar days prior to the hearing, with compliance with this
notification procedure certified to by a US Postal Service receipt.
The names of owners notified shall be taken from the last completed
tax roll of the Town.
D.
Required referral. A full statement of any appeal
that meets the referral requirements of § 239-m of the General
Municipal Law shall also be referred not less than 10 days prior to
the public hearing to the Saratoga County Planning Board. No action
shall be taken by the Board of Appeals on such appeal until an advisory
recommendation has been received from said Board or 30 calendar days
have elapsed since the Board received such full statement.
E.
Decisions. Every decision of the Board of Appeals
on an appeal or request shall be made within 62 days of the close
of the hearing by the Board. The decision shall be recorded in accordance
with standard forms adopted by the Board, shall fully set forth the
circumstances of the case and shall contain a full record of the findings
on which the decision is based. Every decision shall be by resolution
of the Board, with each such decision being filed in the office of
the Town Clerk within five business days thereof. The Board shall
also notify the Code Enforcement Officer, the Secretary of the Planning
Board and any affected municipality given notice of the hearing of
its decision in each case. If applicable, a report on the action taken
shall also be filed within seven calendar days of said action with
the Saratoga County Planning Board.
F.
Attachment of conditions. In all cases where the Board
of Appeals grants a variance from the strict application of the requirements
of this chapter, it shall be the duty of such Board to attach such
conditions and safeguards as may be required in order that the result
of its action shall be as nearly as possible in accordance with the
spirit and intent of this chapter.
G.
Effect of appeal. Unless the Code Enforcement Officer
finds there to be an imminent peril to either life or property, an
appeal stops all work related to the action which is the subject of
the appeal by either the Town or appellant.
H.
Expiration of approval. Unless construction or use
is commenced and diligently pursued within one calendar year from
the date of the granting of a variance, such variance shall become
null and void without further hearing by the Board of Appeals.
The Zoning Board of Appeals shall comply with
the provisions of the State Environmental Quality Review Act (SEQRA).
If the time schedule for SEQRA is different, the schedule should be
modified for SEQRA for projects that are subject to an environmental
impact statement.
Any person or persons, jointly or severally
aggrieved by any decision of the Board of Appeals, may apply to the
Supreme Court of the State of New York for relief through a proceeding
under Article 78 of the Civil Practice Laws and Regulations of the
State of New York. Such proceeding shall be governed by the specific
provisions of Article 78, except that the action must be initiated
as therein provided within 30 days after the filing of the Board's
decision in the office of the Town Clerk.
