This chapter shall be known as the "Town of Big Flats Zoning Board of Appeals Law."

(LL No. 1, 2021, § 1)

This chapter is enacted pursuant to Article 16 of the New York State Town Law Section 267 and Municipal Home Rule Law Section 10.

(LL No. 1, 2021, § 1)

Pursuant to Article 16 of the New York State Town Law, the town board shall appoint a zoning board of appeals consisting of five members, shall designate its chairperson, and 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 town board.

(LL No. 1, 2021, § 1)

All members of the zoning board of appeals shall be required to attend a minimum of seventy-five (75) percent of their board meetings scheduled within a calendar year.

Noncompliance with minimum requirements relating to attendance at meetings shall be deemed a proper cause for removal from office.

All members of the zoning board of appeals shall be required to attend a minimum of five hours in relevant courses every calendar year.

Noncompliance with minimum requirements relating to training shall be deemed a proper cause for removal from office.

The costs of such seminars, workshops, or continuing education courses so designated shall be a town charge. Members shall also be reimbursed for travel and meal expenses according to town policies. Such training session shall be approved in advance by the town board.

Training sessions which relate to the duties of members of the zoning board of appeals may include programs offered by the New York State Department of State, New York State Association of Towns, New York State Department of Environmental Conservation, the Chemung County Planning Department, the New York State Planning Federation, the Southern Tier Central Regional Planning and Development Board, and other such entities, as well as in-house updates or seminars. The town board, after discussion with the chairpersons of the zoning board of appeals, shall annually designate such seminars, workshops, or continuing education courses which may be offered within a reasonable distance and which may be helpful to or of assistance to the zoning board of appeals in carrying out its functions in a timely, fair, and lawful manner.

(LL No. 1, 2021, § 1)

Notwithstanding the foregoing, the failure of a member of the zoning board of appeals to attend the required percentage of meetings or obtain such training shall not affect said person's appointment to serve on such board, to entertain applications, to vote on such applications, or the validity of such member's actions.

(LL No. 1, 2021, § 1)

The chairperson of the zoning board of appeals shall notify the town board in writing on or about December 1 in any year, or at any other time if warranted, of any member who fails to comply with the minimum requirements for meeting attendance and/or training in any calendar year. In the event a member of the zoning board of appeals has failed to complete the minimum attendance and/or training requirements set forth in this chapter, then the town board may remove such member for cause as herein provided:

A.

Notice. Such members shall be mailed a written notice specifying the nature of the failure of such member to meet the minimum requirements regarding training and attendance.

B.

Public Hearing. Such notice shall specify a date, not less than ten (10) or more than thirty (30) days from the date of mailing such notice, when the town board shall convene and hold a public hearing on whether or not such member should be removed from service on such board. Such notice shall also specify the time and place of such hearing.

C.

Public Notice. Public notice of such hearing shall be published in a paper of general circulation within the town at least ten (10) days prior to the date of the public hearing.

D.

Conduct of Hearing. The public hearing on the charges shall be conducted before the town board. The member shall be given an opportunity to present evidence and to call witnesses to refute the charges. A record of such hearing shall be made. The decision of the town board shall be reduced to writing, together with specific findings of the town board with respect to each charge against such member. Findings shall be filed in the town clerk's office and mailed to the member within five business days of such filing by certified mail, return receipt.

E.

Action by the town board. Following the hearing and upon a finding that such member has not met the minimum attendance and/or training established by this chapter, the town board may:

1.

Remove such member from the zoning board of appeals; or

2.

Issue a written reprimand to such member without removing such member from such board; or

3.

If the town board shall find the reasons for failing to meet the minimum meeting attendance and/or training requirements are excusable because of illness, injury or other good and sufficient cause, the town board may elect to take no action.

F.

Nothing contained herein shall be deemed to limit or restrict the town board's authority to remove a member from the zoning board of appeals for cause (i.e. for other than the reasons enumerated herein). The procedural rules established under this section shall govern any hearing to remove a member for such cause.

(LL No. 1, 2021, § 1)

A.

Appointment. The town board shall appoint the members of the zoning board of appeals by resolution. The terms of the members of the zoning board of appeals shall be for five years.

B.

Removal. The town board 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 removed for noncompliance with minimum requirements relating to meeting attendance and training.

C.

Vacancies. If a vacancy shall occur otherwise than by expiration of term, the town board shall appoint the new member for the unexpired term of the vacated office.

D.

Alternate Member. Pursuant to Article 16 of the New York State Town Law Section 267(11)(a), the town board shall appoint, by resolution, up to two alternate members to the zoning board of appeals to substitute for a regular member of the zoning board of appeals in the event a quorum of the zoning board of appeals is not attained due to a conflict of interest, illness, or other absence. Such alternate members shall be appointed for one-year terms.

(LL No. 1, 2021, § 1)

The town board, by resolution, may provide for compensation to be paid to zoning board members.

(LL No. 1, 2021, § 1)

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 appropriations made by the town board and then available for that purpose.

(LL No. 1, 2021, § 1)

The zoning board of appeals shall have the following powers and duties:

A.

Appeals. The zoning board of appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation, or determination appealed from and shall such order, requirement, decision, interpretation, or determination as in its opinion ought to have been made in the matter by the code enforcement officer, and that end shall have all of the powers of the code enforcement officer.

B.

Variance. The zoning board of appeals, on an appeal from a decision or determination of the code enforcement officer shall have the power to grant area and use variances as defined herein.

(LL No. 1, 2021, § 1)

A.

Definition. Use variance means the authorization by the zoning board of appeals for the use of lot for a purpose which is not otherwise allowed or is prohibited by this title.

B.

Criteria for Review. No use variance shall be granted by the zoning board of appeals without a showing by the applicant that the requirements of this title have caused unnecessary hardship, in order to prove such unnecessary hardship, the applicant shall demonstrate the following facts to the zoning board of appeals for each and every permitted use under this zoning law for the particular district in which the lot is located:

1.

The applicant cannot realize a reasonable return; provided, that lack of return is substantial and demonstrated by competent financial evidence;

2.

The alleged hardship relating to the lot in question is unique, and does not apply to substantial portion of the district or neighborhood in which the lot is located;

3.

The requested use variance, if granted, will not alter the essential character of the district neighborhood in which a lot is located; and

4.

The alleged hardship is not self-created.

(LL No. 1, 2021, § 1)

A.

Definition. Area variance means the authorization by the zoning board of appeals for the use of lot in a manner which is not allowed by dimensional or physical requirements of this title.

B.

Criteria for Review. In making the determination, the zoning board of appeals shall take into consideration the benefit to the applicant, if the area variance is granted, as weighed against the detriment to the health, safety, and general welfare of the neighborhood or community by such grant. In making such determination the board shall consider the following:

1.

Whether an undesirable change will be produced in the character of the neighborhood or community 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 area variance;

3.

Whether the requested area variance is substantial;

4.

Whether the proposed area variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; or

5.

Whether an alleged difficulty of compliance with this title was self-created, which is relevant to the decision, but shall not necessarily preclude the granting of the area variance.

(LL No. 1, 2021, § 1)

A.

The zoning board of appeals, in granting an area variance or use variance, shall grant the minimum variance that it deems necessary and adequate to address the unnecessary hardship or balance proven by the applicant, and at the same time preserve and protect the character of the neighborhood and health, safety and general welfare of the community.

B.

The zoning board of appeals shall, in granting an area variance or use variance, have the authority to impose such reasonable conditions and restrictions as are related to and incidental to the proposed use of property.

(LL No. 1, 2021, § 1)

The zoning board of appeals shall refer every request for area variance and use variance to the town planning board at least thirty (30) days prior to the scheduled hearing date. The planning board shall report its recommendation to the zoning board of appeals at least five days prior to the hearing date.

(LL No. 1, 2021, § 1)

The zoning board of appeals shall have the power to make, adopt, and promulgate such written rules of procedure, by laws, and forms as they may deem necessary for the proper execution of their duties and to secure the intent of this title.

(LL No. 1, 2021, § 1)