A.
Notice of public hearing. Each notice of hearing upon
an application for site plan review, a special use permit, or for
the review of a variance application upon an appeal to the Zoning
Board of Appeals, or any other public hearing shall be published once
in the official newspaper of the Village at least five days prior
to the date of the hearing. In addition, at least 10 days prior to
the date of the hearing, notices shall be mailed to all owners of
property within 250 feet of the exterior boundary of the property
for which the application is being made, as may be determined by the
latest assessment records of the Village.
B.
Referral to County Planning Board.
(1)
Any variance application, site plan review or zoning
change application within the following thresholds shall be referred
to the Warren County Planning Board for its review and comment:
(a)
Within 500 feet of the Village boundary.
(b)
Within 500 feet of an existing or proposed county
or state park or recreation area.
(c)
Within 500 feet of a right-of-way of any existing
or proposed county or state, thruway, expressway, road or highway.
[Amended 7-18-2011 by L.L. No. 6-2011]
(d)
Within 500 feet of any existing or proposed
county or state stream or drainage channel or easement.
(e)
Commercial building or institution.
[Amended 7-18-2011 by L.L. No. 6-2011]
(f)
Within 500 feet of the existing or proposed
boundary of any county- or state-owned land on which a public building
or institution is situated.[1]
[1]
Editor's Note: Former Subsection B(1)(g), regarding the boundary
of a farm operation located in an agricultural district, which immediately
followed this subsection, was repealed 7-18-2011 by L.L. No. 6-2011.
(2)
Within 30 days after receipt of a full statement of
such referred matter, the Warren County Planning Board shall report
its recommendations to the referring Village body. If the county fails
to report within 30 days, the Village body may act without such report.
If the county disapproves the proposal, or recommends modification
thereof, the Village body having jurisdiction shall not act contrary
to such disapproval or recommendation, except by a vote of a majority
plus one of all the members thereof, and after the adoption of a resolution
fully setting forth the reasons for such contrary action.
(3)
Within seven days after final action by the Village
body, a report of said final action shall be filed with the Warren
County Planning Board.
C.
Records to be retained. The original or a certified
copy of all decisions, approvals, rulings and findings of any board
under this chapter, and of all permits and certificates issued under
this article, shall be promptly furnished by the Zoning Administrator
to the Village Clerk and retained as a permanent Village public record.
D.
Assistance to boards. Planning Board and Zoning Board
of Appeals shall have the authority to call upon any department, agency
or employee of the Village for such assistance as shall be deemed
necessary and as shall be authorized by the Village Board. Such department,
agency or employee may be reimbursed for any expenses incurred as
a result of such assistance. The Planning Board and Zoning Board of
Appeals shall have the power and authority to employ experts, clerks
and a secretary and to pay for their services, and to provide for
such other expenses as may be necessary and proper, not exceeding
the appropriation that may be made therefor by the Village Board.
E.
The Planning Board and Zoning Board of Appeals shall
comply with the provisions of the State Environmental Quality Review
Act under Article 8 of the Environmental Conservation Law and its
implementing regulations as codified in Title Six, Part Six Hundred
Seventeen of the New York Codes, Rules and Regulations.
A.
Zoning Administrator. The Zoning Administrator shall
have the power and duty to administer and enforce the provisions of
this chapter. The Zoning Administrator shall be appointed by, and
may be removed at the pleasure of, the Village Board. An appeal from
an action, omission, decision or rule by the Zoning Administrator
regarding a requirement of this chapter may be made only to the Zoning
Board of Appeals. The Zoning Administrator shall have the power to
make inspections of buildings or lots necessary to carry out his or
her duties in the enforcement of this chapter. The Village Board may
appoint a Deputy Zoning Administrator to exercise any or all of the
duties of the Zoning Administrator.
B.
Zoning Administrator duties.
(1)
The Zoning Administrator shall not issue a permit
for the construction of any building or use of any property unless
such building or use conforms to all laws and ordinances of the Village.
(2)
The Zoning Administrator shall maintain files, open
to the public, of all applications for certificates of occupancy and
building permits along with plans submitted therewith as well as final
certificates and permits.
(3)
The Zoning Administrator shall also maintain records,
open to the public, of every complaint of a violation of the provisions
of this chapter as well as any action taken as a result of such complaints.
(4)
The Zoning Administrator shall submit to the Village
Board for insertion in the Board minutes a written report summarizing
for the month all building permits and certificates of occupancy issued
as well as complaints of violations and any action taken as a result
of such complaints.
A.
The Planning Board shall have all the powers and perform
all the duties prescribed by state statute and by this chapter. The
Planning Board shall have original jurisdiction for all matters pertaining
to this Zoning Law pursuant to state statute.
B.
The Planning Board consists of five members. The members
and the Chairperson of such Planning Board shall be appointed by the
Mayor of the Village subject to the Village Board of Trustees approval.
In the absence of a Chairperson, the Planning Board may designate
a member to serve as Chairperson.
C.
The Village Board may provide for the compensation
of Planning Board members. The Village Board may require Planning
Board members to complete training and continuing education courses
in accordance with any local requirements for the training of such
members.
D.
Village Board eligibility. No person who is a member
of the Village Board shall be eligible for membership on the Planning
Board.
E.
Chairperson duties. All meetings of the Planning Board
shall be held at the call of the Chairperson and at such other times
as such Planning Board may determine. Such Chairperson, or in his
or her absence, the Acting Chairperson, may administer oaths and compel
the attendance of witnesses.
F.
Service on other Planning Boards. No person shall
be disqualified from serving as a member of the Village Planning Board
by reason of serving as a member of the Town or County Planning Agency.
G.
Rules and regulations. The Planning Board may recommend
to the Village Board regulations relating to any subject matter over
which the Planning Board has jurisdiction under this chapter or any
other statute, or under any local law of the Village. Adoption of
any such recommendations by the Village Board shall be by local law.
H.
Report on referred matters. The Village Board may
seek input from the Planning Board where its input would help the
Board make a more informed decision. The Village Board may by resolution
provide for the referral of any matter or class of matters to the
Planning Board before final action is taken thereon by the Village
Board or other office or officer of the Village having final authority.
The Village Board may further stipulate that final action shall not
be taken until the Planning Board has submitted its report, or after
the Planning Board has exceeded the time period set by the Village
Board for the Planning Board to submit its report.
A.
General provisions.
(1)
Zoning Board of Appeals. The Zoning Board of Appeals
shall have all the powers and perform all the duties prescribed by
state statute and by this chapter. The Zoning Board of Appeals shall
have appellate jurisdiction for all matters pertaining to this Zoning
Law.
(2)
Chairperson duties. All meetings of the Zoning Board
of Appeals shall be held at the call of the Chairperson and at such
other times as such Zoning Board of Appeals may determine. Such Chairperson,
or in his or her absence, the Acting Chairperson, may administer oaths
and compel the attendance of witnesses.
(3)
Application for appeal shall be in writing and must
be filed with the Zoning Administrator within 60 days after the filing
of the order, requirement, decision, interpretation, or determination
that is being appealed. Such application shall refer to the specific
provisions of this chapter involved and shall specify the grounds
for the variance requested, the interpretation claimed, or the reversal
of an order, requirement, decision, or determination of an administrative
official and the relief sought. The Zoning Administrator shall forward
the application to the Zoning Board of Appeals. The Zoning Board of
Appeals may request additional information.
(4)
Hearing on appeal. The Zoning Board of Appeals shall
fix a reasonable time within 62 days of receipt of an appeal for the
hearing of an appeal or other matter referred to it and give public
notice of such hearing by publication in the official newspaper in
the Village at least five days prior to the date thereof. The cost
of sending or publishing any notices relating to such appeal, or a
reasonable fee relating thereto, shall be borne by the appealing party
and shall be paid to the Zoning Board of Appeals prior to the hearing
of such appeal. Upon the hearing, any party may appear in person or
by agent or attorney.
(5)
Time of decision. The Zoning Board of Appeals shall
decide upon the appeal within 62 days after such hearing. The time
within which the Zoning Board of Appeals must render its decision
may be extended by mutual consent of the applicant and the Zoning
Board of Appeals.
(6)
Action. The Zoning Board of Appeals may reverse or
affirm, wholly or in part, or may modify any order, requirement, decision,
interpretation, or determination made by officials charged with the
enforcement of this chapter. The concurring vote of a majority of
the members of the Zoning Board of Appeals shall be necessary to reverse
any order, requirement, decision or determination of any such administrative
official, or to grant a use variance or area variance.
(7)
Rehearing. A motion for the Zoning Board of Appeals
to hold a rehearing to review any order, decision or determination
of the Zoning Board of Appeals not previously reheard may be made
by any member of the Zoning Board of Appeals. A unanimous vote of
all members of the Zoning Board of Appeals then present is required
for such rehearing to occur. Such rehearing is subject to the same
notice provisions as an original hearing. Upon such rehearing the
Zoning Board of Appeals may reverse, modify or annul its original
order, decision or determination upon the unanimous vote of all members
then present, provided the Zoning Board of Appeals finds that the
rights of persons acting in good faith in reliance upon the reheard
order, decision or determination will not be prejudiced thereby.
(8)
Stay upon appeal. An appeal shall stay all proceedings
in furtherance of the action appealed from, unless the administrative
official charged with the enforcement of this chapter, from whom the
appeal is taken, certifies to the Zoning Board of Appeals, after the
notice of appeal is filed, that by reason of facts stated in the certificate,
a stay would, in his or her opinion, cause imminent peril to life
or property, in which case proceedings shall not be stayed other than
by a restraining order which may be granted by the Zoning Board of
Appeals or by a court with jurisdiction on application, with notice
to the administrative official from whom the appeal is taken, and
for due cause shown.
(9)
Expiration of appeal decision. Unless otherwise specified
by the Zoning Board of Appeals and without any further hearing by
the Zoning Board of Appeals, a decision on any appeal, including the
granting of area and use variances, shall automatically lapse and
expire if the applicant fails to exercise the variance or fails to
obtain any necessary building permits within one year of the date
on which the decision is filed.
B.
Area variances.
(1)
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 local law, to grant
area variances from the area or dimensional requirements of such local
law.
(2)
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 any detriment to the health,
safety and welfare of the neighborhood or community by such grant.
In making such determination, the Board shall also consider:
(a)
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;
(b)
Whether the benefit sought by the applicant
can be achieved by some method feasible for the applicant to pursue,
other than an area variance;
(c)
Whether the requested area variance is substantial;
(d)
Whether the proposed variance will have an adverse
effect or impact on the physical or environmental conditions in the
neighborhood or district; and
(e)
Whether the alleged difficulty was self-created,
which consideration shall be relevant to the decision of the Zoning
Board of Appeals, but shall not necessarily preclude the granting
of the area variance.
(3)
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.
(4)
In the case of an application for a variance from
the shoreline restrictions (shoreline structure setback, lot width,
vegetative cutting and deeded access provisions) pursuant to Executive
Law § 806 (Shoreline restrictions) or from provisions of
the Adirondack Park Land Use and Development Plan pursuant to Executive
Law § 809(11) (e.g., density restrictions) of the Adirondack
Park Agency Act, as those provisions are implemented by the Village
in its local land use program, no such variance shall be granted unless
the applicant also demonstrates and the Zoning Board of Appeals finds:
(a)
That there are practical difficulties in the
way of carrying out the strict letter of the restrictions/provisions
as called for in such sections, guided by the criteria of 9 NYCRR
Part 576 (Standards for the Review of Variances Pursuant to the Adirondack
Park Agency Act); and
(b)
That the spirit of the restrictions or provisions
would be observed, public safety and welfare secured, and substantial
justice done.
C.
Use variances.
(1)
The Zoning Board of Appeals, on appeal from the decision
or determination of the administrative officer charged with the enforcement
of such 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 local law.
(2)
No such use variance shall be granted by the Zoning
Board of Appeals without a showing by the applicant that applicable
zoning regulations and restrictions have caused unnecessary hardship.
In order to establish such unnecessary hardship, the applicant shall
demonstrate to the Zoning Board of Appeals that:
(a)
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;
(b)
The alleged hardship relating to the property
in question is unique, and does not apply to a substantial portion
of the district or neighborhood;
(c)
The requested use variance, if granted, will
not alter the essential character of the neighborhood; and
(d)
The alleged hardship has not been self-created.
(3)
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 proved 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.
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, and to specify the period of time such variance shall be
in effect. Such conditions shall be consistent with the spirit and
intent of this chapter and shall be imposed for the purpose of minimizing
any adverse impact such variance may have on the neighborhood or community.
E.
Referrals planning agencies.
(1)
The Zoning Board of Appeals shall refer all completed
variance applications, where required to do so by § 239-m
of the General Municipal Law, to the County Planning Agency having
jurisdiction for its report and recommendation. In no case shall final
action be taken until said County Planning Agency (if appropriate)
has submitted its report, or until 30 days have passed since the date
of referral, whichever occurs first.
(2)
The Zoning Board of Appeals shall refer all completed
use and area variance applications to the Planning Board for its review
and recommendation. In no case shall final action be taken until said
Planning Board has submitted its advisory opinion, or until 30 days
have passed since the date of referral, whichever occurs first. The
failure of the Planning Board to submit such opinion shall be interpreted
as a neutral opinion on the appeal.
(3)
In the case of any variance application involving
the shoreline restrictions, the Zoning Board of Appeals shall submit
a copy of the application to the Adirondack Park Agency, together
with such pertinent information as the Agency reasonably shall deem
necessary.
F.
Additional criteria for properties located in a designated
flood hazard area.
(1)
In addition to all technical evaluations and other
relevant factors and standards specified in other sections of this
chapter, the Zoning Board of Appeals shall consider:
(a)
The danger that materials may be swept onto
lands of others to the injury of those lands or their inhabitants.
(b)
The danger to life and property due to flooding
or erosion damage.
(c)
The susceptibility of the proposed facility
and its contents to flood damage and the effect of such damage on
the individual owner.
(d)
The importance of the services provided by the
proposed facility to the community.
(e)
The importance to the facility of a waterfront
location, where applicable.
(f)
The availability of alternative locations for
the proposed use that are not susceptible to flooding or erosion damage.
(g)
The compatibility of the proposed use with existing
and anticipated development.
(h)
The relationship of the proposed use to the
comprehensive plan and floodplain management program of the area.
(i)
The safety of access by ordinary and emergency
vehicles to the property in times of flood.
(j)
The expected heights, velocity, duration, rate
of rise and sediment transport of the floodwaters and the effects
of wave action, if applicable, at the site.
(k)
The costs of providing governmental services
during and after flood conditions, including maintenance and repair
of public utilities and facilities, such as sewer, gas, electrical,
and water systems, and streets and bridges.
(2)
Upon consideration of these factors and the purposes
of this chapter, the Zoning Board of Appeals may attach such conditions
to the granting of variances as it deems necessary. Generally, variances
may be issued for new construction and substantial improvements to
be erected on a lot of 1/2 acre or less in size contiguous to and
surrounded by lots with existing structures constructed below the
base flood level, provided that the items specified above have been
fully evaluated.
(3)
Variances may be issued for the reconstruction, rehabilitation
or restoration of structures listed on the National Register of Historic
Places or the State Inventory of Historic Places, without regard to
the procedures set forth in the remainder of this section.
(a)
Variances shall not be issued within any designated
floodway if any increase in flood levels during the base flood discharge
would result.
(b)
Variances shall only be issued upon a determination
that the variance is the minimum necessary, considering the flood
discharge that would result.
(c)
Variances shall only be issued upon:
[1]
A showing of good and sufficient cause.
[2]
A determination that failure to grant the variance
would result in exceptional hardship to the applicant.
[3]
A determination that the granting of a variance
will not result in increased flood heights, additional threats to
public safety, extraordinary public expense, create nuisances, cause
fraud on or victimization of the public as identified above or conflict
with existing local laws or ordinances.
[4]
Any applicant to whom a variance is granted
shall be given written notice that the structure will be permitted
to be built with a lowest floor elevation below the base flood elevation
and that the cost of flood insurance will be commensurate with the
increased risk resulting from lowest floor elevation.
[Added 12-18-2006 by L.L. No. 12-2006]
A.
Purpose. The State of New York has recognized the
importance of training in its recent amendments to the Planning Board
and Zoning Board of Appeals statutes in Village Law §§ 7-718
and 7-712. It should therefore be the purpose of this section to assist
those members in obtaining appropriate training and to pay the reasonable
cost thereof.
B.
Requirements.
(1)
All members and alternate members shall be required
to attend a minimum of six hours of training within each calendar
year. Training in excess of six hours may be carried over into another
year as credit.
(2)
All attendance at conferences, seminars, classes,
etc., shall be authorized in advance by the Village Board of Trustees
and reasonable costs approved for payment, including travel, meals,
accommodations and fees.
C.
Attendance at meetings. All members of the Planning
Board or Zoning Board of Appeals shall be required to attend a minimum
of 66 2/3% of all meetings within a calendar year.
D.
Noncompliance. Any member not complying with the minimum
requirements relating to training shall be subject to removal by the
Village Board at any time during his/her term of service.
E.
Compensation. All members of the Planning Board and
Zoning Board of Appeals, including alternate members, shall be reimbursed
an amount set by the Village Board for all meetings attended on a
quarterly basis.
