A.
A Zoning Board of Appeals is hereby established and
shall consist of five members. The term of office of the members of
the Zoning Board of Appeals and the manner of their appointment shall
be in accordance with the provisions of the Village Law. Vacancies
occurring in said Board shall be filled for such unexpired period
only. Such Zoning Board of Appeals shall determine its own rules of
procedure.
[Amended 12-11-1985 by L.L. No. 7-1985[1]]
[1]
Editor's Note: This local law provided for
an increase in the membership of the Zoning Board of Appeals from
three members to five members, effective 4-1-1986. Section 2 of this
local law provided as follows: "The appointments of the existing members
of the Zoning Board of Appeals shall continue for the remainder of
their respective terms, but they shall, for transitional purposes,
be deemed reappointed as of the effective date hereof and together
with the additional members to be appointed hereunder shall hold terms
to be fixed by the Board of Trustees so that at least one term will
expire at the end of each official year commencing at the end of the
year in which this local law takes effect."
B.
The Zoning Board of Appeals shall have the duties,
rights, powers and functions conferred upon it by § 7-712
of Article 7 of the Village Law and any other provisions of law or
ordinance applicable thereto.
A.
Any appeal from a decision of the Zoning Inspector
shall be filed with the Zoning Inspector and with the Zoning Board
of Appeals specifying the grounds thereof. The Zoning Inspector shall
forthwith transmit to the Board all of the papers constituting the
record upon which the action appealed from was taken.
B.
A fee, as set by resolution of the Village Board,[1] pursuant to the following schedule shall be chargeable
and shall accompany all applications or petitions of appeal. Any fee
so paid shall be refunded if the person bringing the appeal shall
obtain the relief sought; provided, however, that this refund provision
shall not be applicable where the issue is a variance or special permit
application.
[Amended 9-14-2011 by L.L. No. 5-2011; 4-11-2018 by L.L. No. 1-2018]
The Zoning Board of Appeals shall have the following
powers and duties prescribed by statute and by this chapter:
A.
Interpretation. On appeal from a determination of
the Zoning Inspector, to hear and decide on questions where it is
alleged there is an error in any order, requirement, decision or determination
made by the Zoning Inspector involving the interpretation of any provision
of this chapter.
B.
Variance.
[Amended 2-13-2002 by L.L. No. 1-2002; 5-14-2008 by L.L. No.
2-2008]
(1)
On
appeal from a determination of the Zoning Inspector, to grant a use
variance or area variance in accordance with the procedures and requirements
set forth in § 7-712, § 7-712-a, and § 7-712-b
of the Village Law.
(2)
On
direct application for a variance from a property owner or contract
vendee when a change in the use or configuration of property is proposed
but the extent of the work is such that a building permit is not required
pursuant to the provisions of the Zoning Law of the Village of Waterford,
to grant a use variance or area variance according to the procedures
and requirements set forth in § 7-712, § 7-712-a,
and § 7-712-b of the Village Law.
C.
Special permit. On application, supplementing an application
to the Zoning Inspector for a zoning permit or certificate of occupancy,
to grant a permit for any use for which approval of the Board is required
under this chapter. In granting such permit, the Board may specify
appropriate conditions in harmony with the following standards:
(1)
The use shall be of such location, size and character
that it will be in harmony with the appropriate and orderly development
of the district in which it is situated and will not be detrimental
to the orderly development of adjacent properties.
(2)
The location and size of the use, the nature and intensity
of the operations involved in or conducted in connection therewith,
its site layout and its relation to streets giving access to it shall
be such that traffic to and from the use and the assembly of persons
in connection with it will not be hazardous or inconvenient to the
neighborhood or conflict with the normal traffic of the neighborhood.
In applying this standard, the Board shall consider, among other things,
convenient routes of pedestrian traffic, particularly of children,
relation to main traffic thoroughfares and to street and road intersections
and the general character and intensity of development of the neighborhood.
(3)
The location and height of buildings, the location,
nature and height of walls and fences and the nature and extent of
landscaping on the site shall be such that the use will not hinder
or discourage the proper development and use of adjacent land and
buildings or impair the value thereof.
(4)
Alterations, repairs and additions. Exterior alterations,
repairs and additions to existing buildings shall be made consistent
with the following standards:
[Added 7-9-1986 by L.L. No. 1-1986]
(a)
The distinguishing original qualities or character
of a building, structure or site and its environment shall not be
destroyed. The removal or alteration of any historic material and
distinctive architectural features should be avoided when possible.
(b)
All buildings, structures and sites shall be
recognized as products of their own time. Alterations that have no
historical basis and which seek to create an earlier appearance shall
be discouraged.
(c)
Changes which have taken place in the course
of time are evidence of the history and development of a building,
structure or site and its environment. These changes may have acquired
significance in their own right, and this significance shall be recognized
and respected.
(d)
Deteriorated architectural features shall be
repaired rather than replaced, wherever possible. In the event replacement
is necessary, the new material should match the material being replaced
in composition, design, color, texture and other visual qualities.
Repair or replacement of missing architectural features should be
based on accurate duplications of features.
(e)
The surface cleaning of structures shall be
undertaken with the gentlest means possible. Sandblasting and other
cleaning methods that will damage the historic building materials
shall not be undertaken.
(f)
Contemporary design for alterations and additions
to existing properties shall not be discouraged when such alterations
and additions do not destroy significant historical, architectural
or cultural material and such design is compatible with the size,
color, material and character of the property, neighborhood or environment.
(g)
Historic materials should be retained and restored.
Removal or covering of historic materials is to be discouraged wherever
physically and/or economically practicable.
(h)
Retention of original design, style and size
of windows, doors and other openings in a facade of an existing structure
is to be accomplished wherever practicable. Restoration of the historic
appearance of such features is to be encouraged when they have been
formerly altered.
(i)
Ornamentation in wood, masonry or metal should
be preserved and repaired on all facades. Missing elements should
be restored when their configuration can be established.
(j)
In order to retain visual integrity, new construction
shall be compatible with the architecture existing in the neighborhood.
Harmony or incompatibility should be evaluated in terms of the appropriateness
of materials, scale, size, height, placement, rhythm, texture and
design of a new building or structure in relationship to surrounding
historic buildings and structures and to the setting thereof.
Meetings, records, appeals, stays, hearings
and determinations shall be in conformance with the rules of procedure
of the Zoning Board of Appeals as they may be adopted and which shall
be in conformance with Village Law.
