Pursuant to City Law, the Mayor shall appoint a Zoning Board
of Appeals consisting of five members and two alternates, shall designate
its chairman, and shall also provide for such expenses as may be necessary
and proper. A member of the Zoning Board of Appeals shall not at the
same time be a member of the City Council or Planning Commission.
The City Council shall have the power to remove any member of the
Zoning Board of Appeals for cause and after public hearing. All members
and alternate members of the Zoning Board of Appeals must be residents
of the City of Corning.
A.
Term of appointment.
(1)
Of the members of the Zoning Board of Appeals first appointed,
one shall hold office for the term of one year, one for the term of
two years, one for the term of three years, one for the term of four
years and one for the term of five years from and after his/her appointment.
The appointment of a chairman shall be for a term of one year.
(2)
Their successors shall be appointed for terms of five years
from and after the expiration of the terms of their predecessors in
office. If a vacancy shall occur otherwise than by expiration of term,
it shall be filled by the City Council by appointment for the duration
of the unexpired term.
B.
Staff. The Zoning Board of Appeals may employ such clerical or other
staff assistance as may be necessary and prescribe their duties, provided
that it shall not at any time incur expenses beyond the amount of
the appropriations made by the City Council and then available for
that purpose.
C.
Powers and duties. The Zoning Board of Appeals shall have the following
powers and duties:
(1)
Appeals. The Zoning Board of Appeals shall hear and decide appeals
from and review any order, requirement, decision or determination
made by an administrative official charged with the enforcement of
this chapter.
(2)
Variances. Where there are practical difficulties or unnecessary
hardship in the way of carrying out the strict letter of this chapter,
the Board of Appeals shall have the power to vary or modify the application
of any of the regulations or provisions of such chapter relating to
the use, construction, structural changes in, equipment or alteration
of buildings or structures, or the use of land, so that the spirit
of the chapter shall be observed, public safety and welfare secured
and substantial justice done.
D.
Upon receipt of an application by the Zoning Board of Appeals, a
public hearing shall be scheduled within 45 days. For the purpose
of this chapter, the date or receipt shall be taken as the date of
the first regular meeting of the Zoning Board of Appeals following
submission of the application to the Code Enforcement Officer. The
hearing shall be advertised at least five days prior to the scheduled
date in a newspaper of general circulation in the City.
(1)
The applicant shall cause the property for which the application
is filed to be posted with a notice indicating that a variance application
has been made, the date of the first appearance before the Zoning
Board of Appeals and that interested persons may obtain more detailed
information from the Code Enforcement Office. The notice shall meet
the following standards:
(a)
The notice shall be placed on weatherproof signs that have been
provided by the Code Enforcement Office and placed on the property
that is the subject of the application.
(b)
All such notice shall be posted no later than two days after
the date the application is filed to ensure that notice is posted
early in the review process.
(c)
The signs shall be placed along each abutting street, alley
and right of way, perpendicular to the direction of travel, in a manner
that makes them clearly visible to neighboring residents and passers-by.
At least one sign shall be posted on each street frontage.
(d)
The signs shall remain in place during the period leading up
to a decision by the Zoning Board of Appeals, but not less than 10
days.
(e)
On or before the date that the Zoning Board of Appeals is scheduled
to make a decision on the application, the applicant shall certify
in writing that required notice was posted according to the requirements
of this section.
E.
Rules of procedure, bylaws, forms. The Zoning Board of Appeals shall
have the power to make, adopt and promulgate such written rules of
procedure, bylaws and forms as they may deem necessary for the proper
execution of their duties and to secure the intent of this chapter.
F.
Alternates.
(1)
The Zoning Board of Appeals shall consist of five members and
two alternate members. Alternate members are subject to the same provisions
and rules as regular members under the Corning City Code. The term
of alternate member one shall expire on December 31, 2016. The term
of alternate member two shall expire on December 31, 2018. At the
expiration of those terms, the terms of office for successors shall
be three years. The terms of office of each alternate Board member
thereafter appointed shall commence on January 1 of the year following
the expiration of the preceding term.
(2)
Alternate members of the Zoning Board of Appeals are governed
by the same Corning City Code provisions as regular members of the
Board concerning eligibility to serve, the filling of vacancies and
election of members, term limits, removal, compatibility of office,
residency, and service on other boards, as well as any provisions
of any state, local laws, or local ordinances relating to training,
continuing education, and compensation.
(3)
Alternate members have the same powers, rights, duties, responsibilities,
and voting authority as regular Zoning Board of Appeals members in
all respects, when called upon to serve at a duly convened Board meeting.
(4)
Alternate members of the Zoning Board of Appeals shall not be
permitted to serve on the Board when the Board successfully attains
a quorum of three or more regular members.
(5)
Alternate members of the Zoning Board of Appeals shall be contacted
and appointed to serve as Board members when the Board is otherwise
unable to obtain a quorum of at least three members due to a conflict
of interest, illness, unavailability, or absence of three or more
regular members.
(6)
The Zoning Board of Appeals must contact its alternate members
on a rotating basis, such that whichever alternate last served at
a Board meeting, the other alternate shall be called first and serve
first, if available.
(7)
The designation of two alternates to the Zoning Board of Appeals
shall not affect the requirement that the standing Board at a meeting
shall consist of five members, nor the requirement that three members
of the Zoning Board of Appeals form a quorum for a duly convened public
meeting, pursuant to Public Officers Law § 102.
(8)
A decision made by the majority of a quorum of the Zoning Board
of Appeals, whether or not that quorum consists of alternates, is
binding upon its being made.
