[Amended 12-7-1988; 3-3-2010 by L.L. No. 3-2010]
A.
A Zoning Board of Appeals is hereby established in accordance with
the provisions of the General City Law and other statutes of the State
of New York applicable thereto.
B.
The Zoning Board of Appeals shall consist of seven members appointed
by the Mayor, each to serve for three years. The terms of those members
of the Board in office when this chapter takes effect shall continue
to the normal expiration dates of such terms respectively.
C.
The Zoning Board of Appeals shall choose its own Chairman and, in
his absence, an Acting Chairman. All meetings of the Board of Appeals
shall be held at the call of the Chairman and at such other times
as the Board shall determine.
D.
Such Chairman, or in his absence the Acting Chairman, may administer
oaths and compel the attendance of witnesses.
E.
All meetings of the Board shall be open to the public; but after
all parties and owners of affected property who have appeared have
been heard, the Board may conduct its deliberations in executive session.
The Board shall keep minutes of its proceedings and decisions showing
the vote of each member on every question. If any member is absent
or fails to vote, the minutes shall indicate such fact. The minutes
of the Board shall also indicate the evidence submitted by all parties
and owners of affected property who have appeared, as the record on
which the Board's decisions are based.
F.
The concurring vote of four members of the Board shall be necessary
to decide in favor of the applicant any matter upon which said Board
is required to pass under the provisions of this chapter.
G.
The official office of the Zoning Board of Appeals shall be associated
with the Building Inspection Department, and all official minutes
shall be filed therein.
H.
The Chairman of the Planning and Zoning Board shall serve on the
Zoning Board of Appeals in an ex officio capacity to establish the
necessary liaison between the respective boards.
I.
Each member shall attend, in each calendar year, at least 75% of
all meetings.
A.
No application, appeal for a variance or request for
a special exception shall be submitted directly to the Board of Appeals,
but it shall be submitted first to the Building Inspector. The application,
appeal for variance or request for a special exception shall be accompanied
by a fee of $150
[Amended 3-20-1991; 5-15-2002; 11-16-2011
B.
An application, appeal or request to the Zoning Board
of Appeals may be taken by any person aggrieved, or by any officer,
department, board or bureau of the City. Such application, appeal
or request must be in writing and in the form prescribed by the Board
of Appeals, filed with the Building Inspector in duplicate within
30 days after denial of the building permit or certificate of occupancy.
C.
The Building Inspector shall, within 30 days, transmit
to the Board all the papers constituting the record upon which the
action appealed from was taken, or in the case of a request for special
exception or other application, all records and information available
and required for full consideration by the Board.
D.
In considering all appeals for a variance or request
for special exception, the Board of Appeals shall call a public hearing
upon the appeal or request and give due notice thereof in writing
to the applicant and to the Building Inspector. The Board of Appeals
shall cause one public notice, setting forth the time, place and purpose
of the hearing, the name of the applicant, nature of the application
and description of the property involved, to be published once in
the official newspaper of the City at least five days before the hearing,
name of the applicant, nature of application, and description of the
property involved, to be sent by ordinary mail by depositing same
in a plain sealed envelope addressed to the last known address of
all owners of affected property located within an area bounded by
lines drawn parallel to and a distance of 200 feet from the property
lines of the applicant, at least eight days before the hearing. The
most recent assessment roll of the City of Lockport shall be used
to determine the identity of the owners of such property. The affidavit
of the publication of the required notice in the official newspaper
and an affidavit of mailing of the notice to the affected property
owners shall be deemed legal notification to all parties. The affidavit
of publication and the affidavit of mailing shall be filed with the
records of each public hearing held by the Board of Appeals.
E.
Whenever it is provided in this chapter that the approval of the Board of Appeals is required for the use of land, structures or buildings before the permit may be issued, the Board of Appeals shall, after due notice and public hearing as detailed in Subsection D above, determine any variance in the application of this chapter in harmony with its general purpose and intent.
F.
Within 45 days after the public hearing prescribed
in the foregoing section, the Board of Appeals shall render its decision
in writing to the applicant. Depositing notice of such decision in
an official postal office depository, in a sealed wrapper, bearing
the proper postage and addressed to the applicant at his address as
specified in the application, shall be sufficient notification.
The Board of Appeals shall, after due notice
and within a reasonable time, hear and decide every appeal and review
the particular order, requirements, decision or determination made
by the officer charged with enforcement of the regulations established
by this chapter. Upon the public hearing, any party or owner or occupant
of affected property may appear in person or by agent or attorney.
After the hearing, the Board may reverse or affirm, wholly or partly,
or may modify the particular order, requirements, decision or determination
as in its opinion should be made.
A.
When, because of special circumstances applicable
to the subject property, including size, shape, topography, location
or circumstances, the strict application of the Zoning Ordinance is
found to deprive the subject property of privileges enjoyed by other
property in the vicinity and under identical zone classifications,
and when any variance granted does not constitute a grant of special
privileges inconsistent with the limitations upon other properties
in the vicinity and under identical zone classifications, and the
zone in which such property is situated, the Board of Appeals shall
have authority, as an administrative act, to grant such variance.
The Board of Appeals may impose such conditions relating to the use,
construction, structural changes in equipment or alteration of buildings
or structures, or the use of land, as it may determine to be necessary
in order to safeguard and protect the public health, safety and general
welfare, to determine that substantial justice is done, and to ensure
the development thus permitted to be completed in accordance with
such plans as have been approved. No application for a variance shall
be accepted, nor submitted to the Board, that does not comply with
these regulations.
B.
A variance shall not be construed as an amendment
to this chapter nor cause the map which is part of this chapter to
be changed. No variance shall be used as a procedure to change or
alter the use of land, buildings or structures to a use not permitted
within the class of zones for which an application for a variance
is made. No variance shall be granted to permit a use in a zone which
use is not permitted in such class of zones by this chapter, unless
there is an economic hardship and as long as there is no essential
change in the character of the neighborhood.
[Amended 2-3-1988]
D.
For consideration of an appeal for a variance, the
following procedure is established:
(1)
The applicant shall set forth in detail, on forms
provided by the Board of Appeals, the reasons for the requested variance,
shall show thereon how all the conditions set forth in this section
are satisfied and give all other information requested by the Board
of Appeals.
(2)
The Board of Appeals, before it may grant a request
for a variance, shall make a finding of fact, by resolution, that
the evidence presented shows that all of the following conditions
exist:
(a)
That because of special circumstances, practical
difficulties or unnecessary hardship applicable particularly to subject
property, including size, shape, topography, location or surroundings,
the strict application of the Zoning Ordinance is found to deprive
subject property of privileges enjoyed by other properties in the
vicinity and under identical zone classification.
(b)
That such conditions have been imposed upon
the issuance of the variance as will ensure that the variance thereby
authorized does not constitute a grant of special privilege inconsistent
with the provisions of this chapter.
(c)
That the granting of the variance will not be
materially detrimental to the public welfare or injurious to the property
and improvements in the zone and vicinity in which the property is
located.
(d)
That the granting of such variance will not
be contrary to the objectives of this chapter nor to any Master Plan
of the City.
E.
Every variance issued after the approval of this chapter
shall terminate and become void unless:
(1)
The applicant shall, within 30 days from the issuance
of such variance, file with the City Clerk his written acceptance
or agreement to the terms and conditions, if any, imposed by such
variance.
(2)
The use authorized by such variance shall be commenced,
or construction necessary and incident thereto shall be begun, on
or before the time limit specified in such variance, and thereafter
diligently advanced; or if no time limit is specified, on or before
six months after the date that such variance was approved. The Board
of Appeals may, for good cause shown, either before or after the expiration
or such time limit, extend the time limit, in which case the variance
shall be revived for the time specified.
F.
Any variance may be revoked or modified by the Board
of Appeals, after a public hearing, on any one or more of the following
grounds:
(1)
That the approval of the variance was obtained by
fraud.
(2)
That the variance is not being exercised within the
time limit specified in such variance, or any extension thereof.
(3)
That the variance granted is being or recently has
been exercised contrary to the terms of conditions of such approval
or in violation of any statute, ordinance, law or regulation.
(4)
That the variance has been so exercised as to be detrimental
to the public health or safety or so to constitute a public nuisance.
G.
The Building Inspector, or his duly authorized assistant,
shall act as consultant to the Board of Appeals, particularly with
regard to building codes and multiple-residence laws. He shall attend
all hearings and executive sessions of the Board.
H.
Any valid variance, issued prior to the effective date of this chapter, shall remain in full force and effect in accordance with the terms thereof; provided, however, that such variance is subject to modification or revocation for any of the reasons set forth in Subsection E above.
I.
All requirements stated in approval of a variance
shall be enforced by the Building Inspector.
