A.
The Department of Development through such division
or divisions as may be established pursuant to the City Charter shall
have and exercise the functions of a zoning officer under the City
Zoning Chapter.
B.
The Zoning Officer shall:
(1)
Review and evaluate all applications for zoning permits
for strict compliance with the terms of this chapter. Zoning permits
may only be approved by the Zoning Officer if the applicant's plans
meet zoning requirements;
(2)
Forward all applications for site plan review to appropriate
staff members for review and the Planning and Development Board;
(3)
Notify and forward supporting information regarding
zoning permit appeals to the Zoning Board of Appeals Secretary;
(4)
Review and make recommendations to the Planning and
Development Board, Zoning Board of Appeals and City Council as may
be appropriate or requested;
(5)
Coordinate overall inspection of site improvements
with the Code Enforcement Officer, Planning and Development Board
and other appropriate officials and agencies;
(6)
Keep a complete file of all applications, permits,
orders, certificates, requirements and decisions affecting each and
every application filed with the City pursuant to this chapter;
(7)
Give a monthly report to both the Planning and Development
Board and City Council describing and enumerating all zoning permits
that have been issued and zoning actions that have been taken;
(8)
Cite zoning or site plan condition violations and
commence code enforcement proceedings in accordance with this chapter;
and
A.
Establishment. A seven-member Planning and Development Board has been established by § 8.3 of the City Charter.
B.
Duties. The Planning and Development Board shall have
the authority to perform the following duties:
(1)
Prepare or change a Comprehensive Plan for the City
of Lackawanna;
(2)
Make investigations, maps, reports and recommendations
regarding planning and development matters, upon its own initiative
or referral by the City Council or Zoning Board of Appeals, provided
such expenditures do not exceed appropriations;
(3)
Refer matters to the County Planning Agency for review
in accordance with § 239-m of the General Municipal Law;
(4)
Review and approve, approve with conditions or deny
site plans;
(5)
Review and comment on all proposed zoning amendments;
and
(6)
Adopt, after public hearing and City Council approval,
such rules and regulations as it deems reasonably necessary to carry
out its duties under this chapter and with regard to any subject over
which it has jurisdiction under any law.
C.
Membership, operation and appropriations.
(1)
No municipal officer or employee shall be appointed
to the Planning and Development Board in the event that such officer
or employee cannot carry out the duties of his or her position without
a conflict in the performance of his or her duties as a member of
the Planning and Development.
(2)
The Planning and Development Board shall annually
elect a Chairman from its own members to serve for one year or the
remaining term of office, whichever is greater.
(3)
All meetings of the Planning and Development Board
shall be held at the call of the Chairperson and at such 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.
(4)
All Planning and Development Board members are required
to attend each and every Planning and Development Board meeting. A
member may only be excused from a scheduled meeting for reasons of
health or welfare; the excusal must be arranged and approved by the
Chairman of the Board. A maximum of three absences and/or excuses
shall be allowed within a one-year period.
(5)
All members are required to attend the scheduled meeting
prepared to conduct the business on the agenda. Members shall review
agenda items, visit each location on the agenda and discuss questions
about proposed items with the Zoning Officer prior to the scheduled
meeting.
(6)
Each member of the Planning and Development Board
shall attend training within six months of appointment and attend
refreshment course training annually. Training shall be scheduled
as courses become available through the Erie County Department of
Planning and Environment or New York State Department of State or
other Board-approved venues.
(7)
The Mayor shall have the power to remove, after public
hearing, any member of the Planning and Development Board for cause.
Any Planning and Development Board member may be disciplined or removed
for noncompliance with the above minimum requirements regarding meeting
attendance and training.
(8)
The City Council shall provide an appropriation to
the Planning and Development Board to cover necessary expenses, including
the means for the Planning and Development Board to maintain a written
record of its meetings and public hearings.
A.
Establishment. A Zoning Board of Appeals is hereby
established in accordance with §§ 81 and 81-a of the
General City Law of New York.
B.
Powers and duties. The Zoning Board of Appeals shall
perform all duties and have all powers as created by this chapter
and also all the powers set forth in Article 5-A of the General City
Law of New York as the same may be amended. These duties shall include
but are not limited to:
(1)
Interpretation. Upon appeal from a decision by the
Zoning Officer, the Zoning Board of Appeals shall decide any question
involving interpretation of any provisions of this chapter. Such appeal
shall be initiated within 60 calendar days of the adverse decision.
(2)
Refer matters to the County Planning Agency for review
in accordance with § 239-m of the General Municipal Law.
(3)
Variances. On an appeal from an order, requirement, decision or determination of any administrative official charged with the enforcement of this chapter, where it is alleged by the appellant that there are practical difficulties or unnecessary hardships in the way of carrying out the strict applications of this chapter, the Zoning Board of Appeals may grant a variance in the strict application of this chapter in accordance with Article VII.
C.
Membership.
(1)
Upon the effective date of this code, the number of
members on the Zoning Board of Appeals shall be decreased from five
members to three members to take effect upon the next two expiration
of terms. Thereafter, the Zoning Board of Appeals shall consist of
three members and one alternate appointed by the Mayor.
(2)
The terms of the initial appointees shall be for one,
two and three years from and after the date of appointment, so as
to provide for an equal number of appointees each year. Succeeding
appointees shall be appointed for a term of three years. The alternate
shall serve a term of one year.
(3)
Members of the Zoning Board of Appeals on the effective
date of this chapter shall continue in office until the expiration
of their present terms.
(4)
If a vacancy shall occur otherwise than by expiration
of term, the Mayor shall appoint the new member for the unexpired
term.
(5)
No person who is a member of the City Council shall
be eligible for membership on the Zoning Board of Appeals; no municipal
officer or employee shall be appointed to the Zoning Board of Appeals
in the event that such officer or employee cannot carry out the duties
of his or her position without a conflict in the performance of his
or her duties as a member of the Zoning Board of Appeals.
(6)
The City Clerk shall serve as the Clerk of the Zoning
Board of Appeals and shall perform such duties as required by it.
The City Council shall provide a Secretary for the Board who shall
work under the supervision of the City Clerk. The City Clerk shall
be responsible for keeping a factual record, including minutes, of
all of the Board's proceedings showing the vote of each member upon
every question, or if absent or failing to vote, indicating such a
fact.
D.
Operation.
(1)
The Zoning Board of Appeals shall conduct its annual
organization meeting at the regular meeting in January of each year.
A Chairman, Vice Chairman and Secretary shall be elected at this meeting.
(2)
All Zoning Board of Appeals members are required to
attend each and every Zoning Board of Appeals meeting. A member may
only be excused from a scheduled meeting for reasons of health or
welfare; the excusal must be arranged and approved by the Chairman
of the Board. A maximum of three absences and/or excuses shall be
allowed within a one-year period.
(3)
All members are required to attend the scheduled meeting
prepared to conduct the business on the agenda. Members shall review
agenda items, visit each location on the agenda and discuss questions
about proposed items with the Zoning Officer prior to the scheduled
meeting.
(4)
Each member of the Zoning Board of Appeals shall attend
training within six months of appointment and attend refreshment course
training annually. Training shall be scheduled as courses become available
through the Erie County Department of Planning and Environment, New
York State Department of State or other Board-approved venue.
(5)
The Mayor shall have the power to remove, after public
hearing, any member of the Zoning Board of Appeals for cause. Any
Zoning Board of Appeals member may be disciplined or removed for noncompliance
with the above minimum requirements regarding meeting attendance and
training.
(6)
The Zoning Board of Appeals may adopt rules or bylaws
for the conduct of its own business consistent with statute and this
chapter.
(7)
The City Council shall provide an appropriation to
the Zoning Board of Appeals to cover necessary expenses, including
any compensation for appointed members of the Zoning Board of Appeals
and provisions for maintaining a written record of its meetings and
public hearings.
E.
Meetings. All meetings of the Zoning Board of Appeals
shall be held at the call of the Chairman and at such times as the
Zoning Board of Appeals may determine and shall be conducted under
the following authority and requirements:
(1)
The presence of a majority of Board members shall
constitute a quorum for the conduct of business before the Zoning
Board of Appeals, including the application for any variance.
(2)
All votes of the Board shall be taken by roll call.
(3)
In accordance with General Municipal Law § 809,
a member of the Zoning Board of Appeals having a conflict of interest
shall abstain from any discussion or voting on that matter.
(5)
Every decision of the Zoning Board of Appeals shall
be by written resolution, each of which shall contain a full record
of the findings of the Zoning Board of Appeals in the particular case.
(6)
All meetings of the Zoning Board of Appeals shall
be open to the public, and all decisions shall be voted upon at public
sessions.
(7)
The Zoning Board of Appeals may request and obtain
advice or opinions on the law relating to any matter before the Zoning
Board of Appeals from the City Attorney and may require the City Attorney
to attend its meetings. The Zoning Board of Appeals may require the
Zoning Officer to attend its meetings to present any facts relating
to any matter before the Zoning Board of Appeals.
(8)
The Zoning Board of Appeals shall have the power to
subpoena and require the attendance of witnesses, administer oaths,
compel testimony and the production of books, papers, files and other
evidence pertinent to the matters before it.
(9)
The City Clerk shall make and file in its office a
factual record of all Zoning Board of Appeals proceedings, including
keeping minutes, the reading of the case, public hearing, deliberation,
voting and decisions of the Zoning Board of Appeals. The minutes of
each meeting shall contain a statement of findings for each decision
and shall record the vote of each member upon each question or if
absent of failing to vote, indicating such fact.
(10)
The Chairman of the Zoning Board of Appeals,
or in his or her absence the Acting Chairman, may administer oaths
to compel the attendance of witnesses in the manner and to the extent
permitted by the New York General City Law and the Civil Practice
Law and Rules.
