Brighton City Zoning Code
CHAPTER 219
Zoning Board of Appeals
§ 219-1 Creation, appointment and organization.
There shall be a Zoning Board of Appeals of seven (7) members,[1] pursuant to the provisions of § 267 of the Town Law, each to be appointed by the Town Board. Vacancies shall be filled, by appointment by the Town Board, for the unexpired term. The Town Board shall appoint the Chair and Vice Chair of the Zoning Board of Appeals.
[1]
Editor's Note: Local Law No. 4-1993, adopted 1-27-1993, provided for the supersession in its application to the Town of Brighton the provisions of § 267 of the Town Law with respect to the number of members allowed to serve on the Town Zoning Board of Appeals. The local law provided that the number of members shall be seven (7).
§ 219-2 Powers and duties.
The Zoning Board of Appeals shall have all the powers and duties prescribed by law and by this chapter, which are particularly specified as follows, provided that none of the following provisions shall be deemed to limit any power of the Board that is conferred by law:
A.
Interpretation. On appeal from an order, requirement, decision, interpretation or determination made by an administrative official, or on request by any official, board or agency of the Town, to decide any of the following questions:
(1)
The meaning of any portion of the text of Comprehensive Development Regulations or of any condition or requirement specified or made under the provisions of Comprehensive Development Regulations.
B.
Variances:
(1)
Use variances.
(a)
The Zoning Board of Appeals, on appeal from the decision or determination of the administrative official charged with the enforcement of such ordinance or 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 ordinance or local law.
(b)
No such use variance shall be granted by a Zoning Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship the applicant shall demonstrate to the Zoning Board of Appeals that:
[1]
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;
[2]
The alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood;
[3]
The requested use variance, if granted, will not alter the essential character of the neighborhood and will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district, including natural features such as trees; and
[Amended 11-14-2001 by L.L. No. 8-2001]
[4]
The alleged hardship has not been self-created.
(c)
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 proven 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.
(2)
Area variances.
(a)
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 ordinance or local law, to grant area variances from the dimensional and physical requirements of such ordinance or local law.
(b)
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 the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination, the Board shall also consider:
[1]
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;
[2]
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
[3]
Whether the requested area variance is substantial;
[4]
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
[5]
Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of the area variance.
(c)
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.
(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, or the period of time such variance shall be in effect. Such conditions shall be consistent with the spirit and intent of the Comprehensive Development Regulations and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
§ 219-3 Referral of other matters.
Any other matters referred to the Zoning Board of Appeals relating to any local law or ordinance involving an administrative decision by an authorized official shall be adjudicated by the Zoning Board of Appeals.
§ 219-4 Temporary and revocable permit.
The Zoning Board of Appeals may authorize a temporary and revocable permit for not more than two (2) years for uses and structures that do not conform to the regulations of Comprehensive Development Regulations for the district in which located, provided that following findings are made:
§ 219-5 Procedure.
The power and duties of the Zoning Board of Appeals shall be exercised in accordance with the following procedure:
A.
The Zoning Board of Appeals shall not decide upon any appeal for a variance or interpretation of Comprehensive Development Regulations without first holding a public hearing, notice of which hearing, including the substance of the appeal or application, shall be given by publication in the official newspaper of the Town at least five (5) days before the date of such hearing.
(1)
The names of said owners shall be taken as they appear on the last completed tax roll of the Town, provided that due notice shall have been published and that there shall have been substantial compliance with the remaining provisions of this section, the failure to give notice in exact conformance herewith shall not be deemed to invalidate action taken by the Zoning Board of Appeals in connection with the granting of any appeal or variance.
(2)
No individual shall sit on or be appointed to more than one (1) municipal board at any one (1) time.
B.
All appeals and applications made to the Zoning Board of Appeals shall be in writing, and shall be accompanied by a fee. (A schedule of fees is available for inspection in the Building and Planning Department.)
C.
Each appeal or application shall fully set forth the circumstances of the case, shall refer to the specific provisions of the ordinance involved and shall exactly set forth, as the case may be, the interpretation that is claimed, the details of the variance that is applied for and the grounds on which it is claimed that the same should be granted.
D.
The Secretary shall keep minutes of the Board's proceedings showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact. The Secretary shall keep records of the Board's examinations and official actions, all of which shall be filed within five (5) business days and shall be a public record.
E.
All provisions of Comprehensive Development Regulations relating to the Zoning Board of Appeals shall be strictly construed. Said Board as a body of limited jurisdiction shall act in full conformity with all provisions of law and of Comprehensive Development Regulations and in compliance with all limitations contained herein.
F.
Unless construction is commenced and diligently pursued within one (1) year of the date of the granting of a variance, such variance shall become null and void, unless renewed upon application to the Zoning Board of Appeals.
G.
The concurring vote of a majority of the members of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision, interpretation or determination appealed from, or to decide in favor of the applicant, any matter upon which it is required to pass under Comprehensive Development Regulations, or to effect any variation in Comprehensive Development Regulations. Every decision of the Zoning Board of Appeals shall be by resolution. Where findings are required, the decision shall set forth each required finding supported by substantial evidence or other data considered by the Zoning Board of Appeals in each specific case, or, in the case of denial, the decision shall include the findings which are not satisfied.
§ 219-6 Construction standards.
[Added 6-26-2002 by L.L. No. 4-2002]
All work performed pursuant to the approval of the Zoning Board of Appeals shall be constructed in accordance with all conditions of approval and approved plans.