Brewster City Zoning Code
BOARD OF
ZONING APPEALS
§ 153.410 CREATION OF ZONING BOARD OF APPEALS.
A Board of Zoning Appeals is hereby created and shall have all the powers and duties prescribed by law and by this chapter.
(Ord. 30-1974, § 901, passed 7-15-1974)
§ 153.411 COMPOSITION AND APPOINTMENT.
(A) The Board shall consist of seven members appointed by the Village Council. The members shall be residents of the incorporated area of the village, and shall be composed of members of the Planning Commission plus two others appointed for terms of three years.
(B) Members shall be removable for nonperformance of duty, misconduct in office or other cause by the Village Council, upon written charges being filed with the Village Council, after public hearing has been held regarding such charges, and after a copy of the charges has been served upon the member so charged at least ten days prior to the hearing, either personally, by registered mail or by leaving such copy at his or her usual place of residence. The member shall be given an opportunity to be heard and answer such charges. Vacancies shall be filled by appointment of the Village Council and shall be for the unexpired term.
(Ord. 30-1974, § 901.1, passed 7-15-1974)
§ 153.412 ORGANIZATION.
The Board shall elect a Chairperson from its membership, shall appoint a Recording Secretary and shall prescribe rules for the conduct of its affairs.
(Ord. 30-1974, § 901.2, passed 7-15-1974)
§ 153.413 QUORUM.
Four members of the Board shall constitute a quorum at all meetings. A concurring vote of the majority of these present shall be necessary to effect an order, take action, make decisions or act on any authorization.
(Ord. 30-1974, § 901.3, passed 7-15-1974)
§ 153.414 MEETINGS.
The Board shall meet at the call of its Chairperson and at such other times as it may determine. All meetings of the Board shall be open to the public.
(Ord. 30-1974, § 901.4, passed 7-15-1974)
§ 153.415 WITNESSES.
The Board Chairperson or Acting Chairperson may administer oaths and the Board may compel the attendance of witnesses in all matters coming within the purview of the Board.
(Ord. 30-1974, § 901.5, passed 7-15-1974)
§ 153.416 PROCEEDINGS.
The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions all of which shall be immediately filed in the office of the Village Council and shall be a public record.
(Ord. 30-1974, § 901.6, passed 7-15-1974)
§ 153.417 POWERS AND DUTIES.
The Board of Zoning Appeals shall have the following powers.
(A) The Board shall have the power to hear and decide appeals where it is alleged there is error in any order, requirements, decision or determination made by the Zoning Inspector in the enforcement of this chapter.
(B) The Board shall have the power to authorize, upon appeal, in specific cases, such variance from the terms of the Zoning Code as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of this chapter will result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done. In granting a variance, the Board may impose such conditions as it may deem necessary to protect the public health, safety, and morals and in furtherance of the purposes and intent of this chapter.
(C) The Board of Zoning Appeals shall have no authority to permit a use where such use is not permitted by this chapter.
(Ord. 30-1974, § 901.7, passed 7-15-1974)
§ 153.418 APPEALS.
Appeals to the Board may be taken by any person or by any officer, board or department of the village deeming himself, herself or itself to be adversely affected by the decision of the Zoning Inspector or any decision in which the Board has original jurisdiction. Such appeal shall be taken within 20 days after the decision. The appellant shall post security for the cost of all action required for the hearing of the appeal. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Inspector whose decision is appealed, shall certify to the Board of Zoning Appeals after the notice of the appeal has been filed, that by reasons of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed by other than a restraining order granted by the Board or by a court having lawful jurisdiction. Within its powers the Board of Zoning Appeals may reverse or affirm, wholly or in part or modify the order, requirement, decision or determination as in its opinion ought to be done, and to that end shall have all the powers of the Zoning Inspector from whom the appeal is taken, and it may issue or direct the issuance of a permit or certificate. The Board of Zoning Appeals shall decide all such appeals within a reasonable time after date of hearing.
(Ord. 30-1974, § 901.8, passed 7-15-1974)
§ 153.419 APPLICATION.
An application, in cases in which the Board has original jurisdiction under the provisions of this chapter, may be taken by any property owner, including a tenant, or by governmental officer, department, board and bureau. Such application shall be filed with the Zoning Inspector who shall transmit the same to the Board.
(Ord. 30-1974, § 901.9, passed 7-15-1974)
§ 153.420 PROCEDURE.
(A) The Board of Zoning Appeals shall act in accordance with the procedure specified by law including this chapter. All appeals and applications made to the Board shall be in writing and on the forms prescribed therefor. Every appeal or application shall refer to the specified provision of the ordinance involved, and shall exactly set forth the interpretation that is claimed, the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be.
(B) Every decision of the Board shall be by resolution, each of which shall contain a full record of the findings of the Board by case number under one or another of the following headings:
(1) Interpretation;
(2) Variance;
(3) Other decisions; and
(4) Together with all documents pertaining thereto:
(Ord. 30-1974, § 901.10, passed 7-15-1974)
§ 153.421 NOTICE OF HEARINGS.
When a notice of appeal has been filed in proper form with the Board of Zoning Appeals, the Secretary shall immediately place the said request for appeal upon the calendar for hearing, and shall cause notices stating the time, place, and object of the hearing to be served personally or by mail addressed to the parties making the request for appeal, at least ten days prior to the date of the scheduled hearing. All notices shall be sent to addresses given in the last assessment roll. Such hearings shall be advertised by one publication in one or more newspapers of general circulation in the village at least ten days before the date of such hearing. The Board at its discretion may send out further notices to publicize such hearings. The Board may recess such hearings from time to time, and if the time and place of the continued hearing be publicly announced at the time of adjournment, no further notice shall be required.
(Ord. 30-1974, § 901.11, passed 7-15-1974)
§ 153.422 DECISIONS.
A certified copy of the Board’s decision shall be transmitted to the applicant or appellant and to the Zoning Inspector. Such decision shall be binding upon the Zoning Inspector and observed by him or her and he or she shall incorporate the terms and conditions of the same in the zoning certificate to the applicant or appellant, whenever a permit is authorized by the Board. A decision of the Board shall not become final until the expiration of five days from the date such decision is made, unless the Board shall find the immediate taking effect of such decision is necessary for the preservation of property or personal rights and shall so certify on the record.
(Ord. 30-1974, § 901.12, passed 7-15-1974)
§ 153.423 FEES.
Any request for an interpretation, exception, variance or appeal from the Board shall be accompanied by minimum fee of $25 which fee shall not be refundable. In the event that the Board will find it necessary to draw upon any planning, legal, engineering or any other expert testimony, such fee shall be raised in order to cover all expenses of such expert testimony.
(Ord. 30-1974, § 901.13, passed 7-15-1974; Ord. 30-1993, passed 8-9-1993; Ord. 64-1995, passed 11-20-1995)