[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.
C. The following actions are cause for removal of any member by the
Town Board:
(1) Three consecutive unexcused absences;
(2) Violation of the Code of Ethics;
(4) Failure to satisfy the training requirements of New York Town Law
§ 271.
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:
(1) Determination of the meaning of any portion of the
text of this chapter or of any conditions or requirements specified
or made under the provisions of this chapter; or
(2) Determination of the exact location of any district
boundary shown on the Land Use Map.
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.
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.