Bloomfield Village City Zoning Code
ARTICLE III
Zoning Board of Appeals ZBA and Planning Board
§ 135-14 Creation, appointment and organization of Zoning Board of Appeals (ZBA).
A Zoning Board of Appeals is hereby created and the existing Board of Appeals shall be continued. Said Board shall consist of five members appointed by the Village Board, who shall also designate a Chairperson and an alternate member. In the absence of a Chairperson, the ZBA may designate a member to serve as Acting Chairperson. The Village Board may provide for compensation to be paid to experts, clerks, ZBA members, alternate ZBA member, and a secretary, and provide for such other expenses as may be necessary and proper, not exceeding the appropriation made by the Village Board for such purpose. No person who is a member of the Village Board shall be eligible for membership on such Zoning Board of Appeals.
In the reestablishment of terms of office of the existing Board, the appointment of the members to the Board shall be of terms so fixed that one member's term shall expire at the end of the Village official year in which said members were initially appointed. The remaining members' terms shall be fixed so that one member's term shall expire at the end of each official year thereafter. At the expiration of each original member's appointment, the replacement member shall be appointed by the Village Board for a term which shall be equal in years to the number of members of the Board. Members now holding office for terms which do not expire at the end of a year shall, upon the expiration of their term, hold office until the end of the year and their successors shall then be appointed for terms which shall be equal in years to the number of members of the Board. If a vacancy shall occur otherwise than by expiration of the term, the Village Board shall appoint the new member for the unexpired term.
The ZBA shall establish such rules and regulations as are required by state and local laws for the transaction of their business and may amend, modify and repeal the same from time to time.
Whenever the ZBA, after hearing all the evidence presented upon an application for appeals under the provisions of this chapter, denies or rejects the same, said Board of Appeals shall refuse to hold further hearings on the same or substantially similar application for appeal by the same applicant, their successors or assigns, for a period of one year, except and unless the Board of Appeals shall find and determine from the information supplied in the request for a rehearing that changed conditions have occurred relating to the promotion of public health, safety, convenience, comfort, prosperity and general welfare and that a reconsideration is justified. Such rehearing may be granted only upon the favorable vote of a majority of the Board, plus one.
The Mayor shall have the power to remove any member of the ZBA for cause. After a public hearing, the Mayor may provide, by local regulation, for the removal of any ZBA member for noncompliance with any minimum standards concerning meeting attendance and training as established by the Village Board by local law or resolution.
All meetings of the ZBA shall be held at the call of the Chairperson and at such other 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.
The Village of Bloomfield Board of Trustees hereby designates that, in addition to the five regular members of the ZBA, one alternate member shall be appointed to serve on the ZBA. An alternate member shall be appointed by resolution of the Village Board and the term of office shall be for five years. The Village Board may provide compensation to be paid to said alternate.
As with regular members, the alternate member shall hold no elective office in the Village of Bloomfield nor be permitted to act on any matter in which he or she has either directly or indirectly any personal or financial interest.
The alternate member may participate in discussion of the proceedings of the ZBA but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. No more than five votes shall be cast for any matter. In the event that an alternate member shall be necessary to create a Board of five members for any application, the absent regular member shall not thereafter vote in any matter with respect to that application.
The provisions for alternate members shall, where applicable, specifically amend and supersede § 7-712 of the Village Law of NYS. Where not so amended, § 7-712 shall remain in full force and effect.
ZBA members will be represented by legal counsel for the municipality pursuant to Village Local Law No. 1 of 1993, adopted March 9, 1993, as contained in Chapter 9 of the Code of the Village of Bloomfield.
All ZBA members, as well as alternate members, must complete a minimum of four hours of training each year or they shall not be eligible for reappointment. The Village Board has determined that the following activities qualify as training to satisfy the requirements:
Any training by a competent advisor for planning and zoning, as approved by the Village of Bloomfield Board of Trustees.
That other training activities may be approved on a case-by-case basis by the Village of Bloomfield Board of Trustees upon the request of a ZBA member.
That any new member appointed to fill the last six months of a term shall not be required to have attended training to be reappointed to a full first term, but must thereafter comply with the municipal training policy as provided elsewhere herein.
That training received by a ZBA member in excess of four hours in any one year may be carried over by the member into succeeding years.
That the clerk or secretary of the ZBA shall create and maintain a system of tracking the training that individual members shall complete annually, and such information shall be presented to the appointing authority prior to considering a member for reappointment.
§ 135-15 Zoning Board of Appeals procedure.
The ZBA shall operate under the following procedures:
Meetings of such ZBA shall be open to the public to the extent provided in Article 7 of the Public Officers Law. Such ZBA shall keep minutes of its proceedings, showing the vote of each member upon every question or, if absent or failing to vote, indicting such fact, and shall also keep records of its examinations and other official actions.
Every rule and regulation, every amendment or repeal thereof, and every order, requirement, decision, or determination of the ZBA shall be filed in the office of the Village Clerk/Treasurer within five business days and shall be a public record.
Such ZBA 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 expense incurred as a result of such assistance.
The jurisdiction of the ZBA shall be appellate only and shall be limited to hearing and deciding appeals from and reviewing any order, requirement, decision, interpretation, or determination made by the administrative official charged with the enforcement of any local law adopted pursuant to this chapter. Such department, agency, or employee shall be reimbursed for any expenses incurred as a result of such assistance. The concurring vote of a majority of the members of the ZBA 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. Such appeal may be taken by any person aggrieved, or by an officer, department, board or bureau of the Village.
All appeals shall be taken within 60 days after the filing of any order, requirement, decision, interpretation, or determination made by the administrative official charged with the enforcement of any local law adopted pursuant to this chapter by filing with such administrative official and the ZBA a notice of appeal, specifying the grounds thereof and the relief sought. The administrative official from whom the appeal is taken shall forthwith transmit to the ZBA all of the papers constituting the record from which the action appealed was taken.
An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Code Enforcement Officer certifies to the ZBA, after the notice of appeal shall have been 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 otherwise than by a restraining order, which may be granted by the ZBA or by a court of record on application, on notice to the administrative official from whom the appeal is taken and on due cause shown.[1]
The ZBA shall decide upon the appeal within 62 days after the conduct of said hearing. The time within which the ZBA must render its decision may be extended by mutual consent of the applicant and the Board.
The decision of the ZBA on the appeal shall be filed in the office of the Village Clerk/Treasurer within five business days after the day such decision is rendered, and a copy thereof mailed to the applicant.
At least five days before such hearing, the ZBA shall mail notice thereof to the Ontario County Planning Board as required by § 239-m of the General Municipal Law, which notice shall be accompanied by a full statement of the matter under consideration, as defined in Subdivision 1 of § 239-m of said law, unless said appeal is one of those listed by Ontario County Planning Board as being exempt from their review.
Where required, the Village shall notify adjacent municipalities pursuant to General Municipal Law § 239-nn.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The ZBA 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 6, Part 617, of the New York State Codes, Rules and Regulations.
§ 135-16 Permitted actions by Zoning Board of Appeals.
The ZBA shall have all the powers and duties prescribed by § 7-712 of the Village Law of the State of New York and by this chapter, which are more particularly specified as follows:
The ZBA may reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the matter by the administrative official charged with the enforcement of this chapter, and to that end shall have all the powers of the administrative official whose order, requirement, decision, interpretation or determination the appeal is taken.
Use variances.
The ZBA, on appeal from the decision or determination of the Code Enforcement Officer (CEO), shall have the power to grant use variances as defined in this chapter. No such variance shall be granted by the ZBA without a showing by the applicant that the applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant shall demonstrate to the ZBA that:
Under applicable zoning regulations, the applicant is deprived of a reasonable economic use or benefit from the property in question for each and every permitted use under the zoning regulations for that district, which deprivation must be established by competent financial evidence; and
The alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood; and
The requested use variance, if granted, will not alter the essential character of the neighborhood; and
The alleged hardship has not been self-created.
The ZBA, in 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 Village.
Area variances.
The ZBA shall have the power to, upon an appeal from a decision or determination of the CEO, to grant an area variance as defined herein. In making its determination, the ZBA shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety, and welfare of the neighborhood or Village by such grant. In making such determination, the ZBA shall also consider:
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; and
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance; and
Whether the requested area variance is substantial; and
Whether the proposed area variance will have an adverse effect or impact upon the physical or environmental conditions in the neighborhood; and
Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the ZBA but shall not necessarily preclude the granting of the area variance.
The ZBA, in 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 Village.
The ZBA shall, in the granting of both use 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 whether an expiration date is appropriate. 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 Village.
§ 135-17 Variance application and appeals procedure.
Variance application procedure.
The applicant shall meet with the CEO to determine any and all of the data to be included in the application. The CEO shall inform the applicant of the Village's variance review process which is identified in Schedule III of this chapter.[1]
[1]
Editor's Note: Schedule III, Development Review Procedures, is included as an attachment to this chapter.
All applications for variances shall be made in quadruplicate to the CEO, on forms provided by the CEO, and shall be accompanied by plans and supporting documents and a completed SEQR Part I, to sufficiently describe the proposal. The ZBA may request additional information it deems necessary in order to act on the application.
The CEO, after determining that an application is in proper form, shall transmit copies of the application and all supporting documents to the ZBA for action thereon.[2]
A copy of the complete variance application and supporting documents shall concurrently be transmitted to the Ontario County Planning Board for review when required under Article 12-B, §§ 239-1 and 239-m, of the General Municipal Law.
Where required, the Village shall notify adjacent municipalities pursuant to General Municipal Law § 239-nn.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The ZBA shall fix a reasonable time for the hearing of appeals and shall give due notice of the time set for the hearing to the applicant.
Public notice shall be by the publication of a notice in the official newspaper of the Village at least five days prior to the date thereof, and shall briefly describe the nature of the appeal and the time and place of the hearing.
The applicant shall, at least seven days prior to the date of the hearing, give notice, in writing, by certified mail, return receipt requested, or by receipt of signatures on a copy of the legal notice, to all property owners within 200 feet of the property to be affected by said appeal or to all property owners of contiguous land or properties adjoining said property. Said signed legal notice must be notarized as to the authenticity of the signatures.
In addition to the foregoing, the applicant shall be required to erect a sign giving notice of such public hearing, which sign shall be prominently displayed on the premises, facing a public street or road on which the property abuts. The sign shall be furnished to the applicant for this purpose by the CEO. Said sign shall be displayed for a period of not less than 10 days immediately preceding the public hearing or any adjournment date thereof. The applicant shall file an affidavit with the ZBA at or prior to the public hearing that he or she has complied with the provisions of this section.
In its review, the ZBA may consult with any other town, county and state officials or boards. If the ZBA disagrees with the recommendation made by the Ontario County Planning Board, a majority of the Board, plus one member, must vote to override the recommendation of the Ontario County Planning Board.
The ZBA shall approve, with or without conditions, or disapprove the application within the time limit specified in § 7-712 of the Village Law and shall communicate its action, in writing, to the applicant, the Village Clerk/Treasurer, the Code Enforcement Officer and other appropriate boards within five business days of the time of the meeting at which it decided the application.
The Village Clerk/Treasurer shall provide the Village Board and the Village Planning Board with a monthly report of the actions taken by the ZBA.
The CEO shall, upon receipt of the notice of approval and upon application by the applicant, issue the appropriate permit or such other approval permitting the variance, subject to all conditions imposed by such approval.
§ 135-18 Zoning Board of Appeals office.
The office of the Village Clerk/Treasurer shall be the office of the ZBA. Every rule, regulation, amendment or repeal thereof and every order, requirement, decision or determination of the ZBA shall immediately be filed in said office as required by § 7-712 of the Village Law of the State of New York. The ZBA shall keep minutes of its proceedings, showing the vote, indicating such fact, and shall keep records of its environmental reviews and determination, its examinations and other official actions.
§ 135-19 Lapse of authorization.
Any variance, interpretation, or modification of regulations authorized by the ZBA shall be automatically revoked unless a site development permit or building permit, conforming to all the conditions and requirements established by the ZBA, is obtained within six months of the date of approval by the ZBA and construction commenced within one year of such date of approval.
§ 135-20 Violation of conditions or restrictions.
Failure to comply with any condition or restriction prescribed by the ZBA in approving any appeal for a variance or an interpretation of regulations shall constitute a violation. Such violation may constitute the basis for revocation of a variance or interpretation or for imposing penalties and other applicable remedies.
§ 135-21 Creation, appointment and organization of Planning Board.
Pursuant to the provisions of the Village Law applicable thereto, the Village Board shall appoint a Planning Board consisting of the number of members and for the term of years set forth in § 7-718 of the Village Law. Said Board shall consist of five members appointed by the Village Board, who shall also designate a Chairperson and an alternate member. No person who is a member of the Village Board shall be eligible for membership on such Planning Board. Of the members of the Planning Board, the 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 appointment. Their successors shall be appointed for the term of five years from and after the expiration of the terms of their predecessors in office.
The Planning Board shall adhere to those rules and regulations as are required by law and the provisions herein established by the Village Board of Trustees for the transaction of its business and may recommend to the Village Board of Trustees any amendments or modifications of said provisions from time to time.
The Village Board of Trustees hereby designates that, in addition to the five regular members of the Planning Board, one alternate member shall be appointed to serve on the Planning Board for a term of five years. The Village Board may provide for compensation to be paid to said alternate. The alternate member shall be appointed for a term of five years. If a vacancy shall occur other than by expiration of a term, it shall be filled by the alternate member for the length of the unexpired term.
As with regular members, the alternate shall hold no elective office in the Village of Bloomfield nor be permitted to act on any matter in which he or she has either directly or indirectly any personal or financial interest.
The alternate member may participate in discussion of the proceedings of the Planning Board but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. No more than five votes shall be cast for any matter. In the event that an alternate member shall be necessary to create a Board of five members for any application, the Planning Chair shall so designate and the absent regular member shall not thereafter vote in any matter with respect to that application. Designation of the alternate member as substitution for a voting member shall be documented in the minutes prior to voting.
The provisions for alternate members shall, where applicable, specifically amend and supersede § 7-712 of the Village Law of NYS. Where not so amended, § 7-712 shall remain in full force and effect.
Planning Board members will be represented by legal counsel for the municipality pursuant to Village Local Law No. 1 of 1993, adopted March 9, 1993, and as contained in Chapter 9 of the Code of the Village of Bloomfield.
All Planning Board members, as well as alternate members, must complete a minimum of four hours of training each year or they shall not be eligible for reappointment. The Village Board has determined that the following activities qualify as training to satisfy the requirements:
Any training by a competent advisor for planning and zoning, as approved by the Ontario County Planning Department, is approved by the Village of Bloomfield Board of Trustees.
That other training activities may be approved on a case-by-case basis by the Village of Bloomfield Board of Trustees upon the request of a Planning Board member.
That any new member appointed to fill the last six months of a term shall not be required to have attended training to be reappointed to a full first term, but must thereafter comply with the municipal training policy as provided elsewhere herein.
That training received by a Planning Board member in excess of four hours in any one year may be carried over by the member into succeeding years.
That the clerk or secretary of the Planning Board shall create and maintain a system of tracking the training that individual members shall complete annually, and such information shall be presented to the appointing authority prior to considering a member for reappointment.
The Mayor shall have the power to remove any member of the Planning Board for cause. After public hearing, the Mayor may provide, by local regulation, for the removal of any Planning Board member for noncompliance with any minimum standards concerning meeting attendance and training as established by the Village Board by local law or resolution.
All meetings of the Planning Board shall be held at the call of the Chairperson and at such other 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.
§ 135-22 Powers and duties of Planning Board.
The Planning Board shall have the following powers and duties:
To maintain and, from time to time, update, the Comprehensive Plan for the development of the Village as provided under § 7-722 of Village Law.
To make investigations and reports relating to the planning and development of the Village as it deems desirable. This shall include, but not be limited to, changes in boundaries of districts, recommended changes in the provisions of this chapter, other land use and development matters of importance to the Planning Board, and to act on any matter lawfully referred to it by the Village Board or the CEO.
To review, act on or provide advisory reports on applications as specified by this chapter.
To review and approve, approve with modifications or disapprove special use permits as specified in this chapter.
To review and approve, approve with modifications or disapprove site plans, prepared to specifications set forth in this chapter, showing the arrangement, layout and design of proposed uses, buildings and/or structures shown on such plan.
Review and approve, approve with modifications, or disapprove plats showing lots, blocks or sites for subdivision under § 728 of Article 7 of the Village Law and Chapter 86 of this Code.
The Planning Board members are hereby vested with the powers and duties and made subject to the limitations set forth in Article 7 of the Village Law, as the same may be amended, modified or changed from time to time, or any sections subsequently adopted pertaining to Planning Board.
To review proposals for the laying out, closing off, abandonment or changes in lines of streets, highways, and public areas, and to make recommendations to the Village Board.[1]
§ 135-23 Planning Board office.
The office of the Village Clerk/Treasurer shall be the office of the Planning Board. Every rule, regulation, amendment or repeal thereof and every order, requirement, decision or determination of the Board shall immediately be filed in said office as required by the Village Law of the State of New York. The Planning Board shall keep minutes of its proceedings, showing the vote indicating such fact, and shall keep records of its environmental reviews and determination, its examinations and other official actions.
§ 135-24 Lapse of authorization.
Any site plan or special use permit decisions of this chapter authorized by the Planning Board shall be automatically revoked unless a site development permit or building permit, conforming to all the conditions and requirements established by the Planning Board, is obtained within six months of the date of approval, and construction commenced within one year of such date of approval. The applicant shall file a final plat with the Ontario County Clerk within 62 days of approval of the subdivision plat or such approval shall expire.