[HISTORY: Adopted by the Town Board of the
Town of Brighton 1-27-1993. Amendments noted where applicable.]
There shall be a Zoning Board of Appeals of
seven (7) members,[1] pursuant to the provisions of § 267 of the Town
Law, each to be appointed by the Town Board. Vacancies shall be filled,
by appointment by the Town Board, for the unexpired term. The Town
Board shall appoint the Chair and Vice Chair of the Zoning Board of
Appeals.
[1]
Editor's Note: Local Law No. 4-1993, adopted
1-27-1993, provided for the supersession in its application to the
Town of Brighton the provisions of § 267 of the Town Law
with respect to the number of members allowed to serve on the Town
Zoning Board of Appeals. The local law provided that the number of
members shall be seven (7).
The Zoning Board of Appeals shall have all the
powers and duties prescribed by law and by this chapter, which are
particularly specified as follows, provided that none of the following
provisions shall be deemed to limit any power of the Board that is
conferred by law:
A.
Interpretation. On appeal from an order, requirement,
decision, interpretation or determination made by an administrative
official, or on request by any official, board or agency of the Town,
to decide any of the following questions:
(1)
The meaning of any portion of the text of Comprehensive
Development Regulations or of any condition or requirement specified
or made under the provisions of Comprehensive Development Regulations.
B.
Variances:
(1)
Use variances.
(a)
The Zoning Board of Appeals, on appeal from
the decision or determination of the administrative official charged
with the enforcement of such ordinance or local law, 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 the ordinance
or local law.
(b)
No such use variance shall be granted by a 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
to the Zoning Board of Appeals that:
[1]
Under applicable zoning regulations the applicant
is deprived of all economic use or benefit from the property in question,
which deprivation must be established by competent financial evidence;
[2]
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]
The requested use variance, if granted, will
not alter the essential character of the neighborhood and will not
have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district, including natural features
such as trees; and
[Amended 11-14-2001 by L.L. No. 8-2001]
[4]
The alleged hardship has not been self-created.
(c)
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.
(2)
Area variances.
(a)
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 such ordinance or local law,
to grant area variances from the dimensional and physical requirements
of such ordinance or local law.
(b)
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 consideration shall be relevant to the decision of the Board
of Appeals, but shall not necessarily preclude the granting of the
area variance.
(c)
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, or the period of time such variance shall be in effect.
Such conditions shall be consistent with the spirit and intent of
the Comprehensive Development Regulations and shall be imposed for
the purpose of minimizing any adverse impact such variance may have
on the neighborhood or community.
Any other matters referred to the Zoning Board
of Appeals relating to any local law or ordinance involving an administrative
decision by an authorized official shall be adjudicated by the Zoning
Board of Appeals.
The Zoning Board of Appeals may authorize a
temporary and revocable permit for not more than two (2) years for
uses and structures that do not conform to the regulations of Comprehensive
Development Regulations for the district in which located, provided
that following findings are made:
The power and duties of the Zoning Board of
Appeals shall be exercised in accordance with the following procedure:
A.
The Zoning Board of Appeals shall not decide upon
any appeal for a variance or interpretation of Comprehensive Development
Regulations without first holding a public hearing, notice of which
hearing, including the substance of the appeal or application, shall
be given by publication in the official newspaper of the Town at least
five (5) days before the date of such hearing.
(1)
The names of said owners shall be taken as they appear
on the last completed tax roll of the Town, provided that due notice
shall have been published and that there shall have been substantial
compliance with the remaining provisions of this section, the failure
to give notice in exact conformance herewith shall not be deemed to
invalidate action taken by the Zoning Board of Appeals in connection
with the granting of any appeal or variance.
(2)
No individual shall sit on or be appointed to more
than one (1) municipal board at any one (1) time.
B.
All appeals and applications made to the Zoning Board
of Appeals shall be in writing, and shall be accompanied by a fee.
(A schedule of fees is available for inspection in the Building and
Planning Department.)
C.
Each appeal or application shall fully set forth the
circumstances of the case, shall refer to the specific provisions
of the ordinance involved and shall exactly set forth, as the case
may be, the interpretation that is claimed, the details of the variance
that is applied for and the grounds on which it is claimed that the
same should be granted.
D.
The Secretary shall keep minutes of the Board's proceedings
showing the vote of each member upon every question or, if absent
or failing to vote, indicating such fact. The Secretary shall keep
records of the Board's examinations and official actions, all of which
shall be filed within five (5) business days and shall be a public
record.
E.
All provisions of Comprehensive Development Regulations
relating to the Zoning Board of Appeals shall be strictly construed.
Said Board as a body of limited jurisdiction shall act in full conformity
with all provisions of law and of Comprehensive Development Regulations
and in compliance with all limitations contained herein.
F.
Unless construction is commenced and diligently pursued
within one (1) year of the date of the granting of a variance, such
variance shall become null and void, unless renewed upon application
to the Zoning Board of Appeals.
G.
The concurring vote of a majority of the members of
the Zoning Board of Appeals shall be necessary to reverse any order,
requirement, decision, interpretation or determination appealed from,
or to decide in favor of the applicant, any matter upon which it is
required to pass under Comprehensive Development Regulations, or to
effect any variation in Comprehensive Development Regulations. Every
decision of the Zoning Board of Appeals shall be by resolution. Where
findings are required, the decision shall set forth each required
finding supported by substantial evidence or other data considered
by the Zoning Board of Appeals in each specific case, or, in the case
of denial, the decision shall include the findings which are not satisfied.
[Added 6-26-2002 by L.L. No. 4-2002]
All work performed pursuant to the approval
of the Zoning Board of Appeals shall be constructed in accordance
with all conditions of approval and approved plans.
