Canajoharie Village
City Zoning Code
City Zoning Code
ARTICLE XI
Board of Appeals
§ 157-35 Creation; appointment; organization.
[Amended 1-10-2019 by L.L. No. 1-2019; 7-7-2020 by L.L. No. 4-2020]
Creation. A Board of Appeals is hereby created, to be called the Zoning Board of Appeals, and shall consist of five members. The Mayor shall appoint the Board of Appeals and the Chairperson thereof, subject to the approval of the Board of Trustees of the Village of Canajoharie. In the absence of a chairperson the Zoning Board of Appeals may designate a member to serve as acting chairperson. The Board of Trustees may provide for compensation to be paid to experts, clerks and a secretary and provide for such other expenses as may be necessary and proper, not exceeding the appropriation made by the Board of Trustees for such purpose.
Board of Trustees ineligible. No person who is a member of the Village Board of Trustees shall be eligible for membership on such Board of Appeals.
Terms of members first appointed. In the creation of a new Board of Appeals, or the reestablishment of terms of an existing Board, the appointment of 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 such members were initially appointed. The remaining members' terms shall be so fixed 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 Board of Trustees for a term which shall be equal in years to the number of members of the Board.
Terms of members now in office. 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.
Training and attendance requirements.
Each member of the Board of Appeals shall complete, at a minimum, four hours of training each year designed to enable such members to more effectively carry out their duties. Training received by a member in excess of four hours in any one year may be carried over by the member into succeeding years in order to meet the requirements of this subsection. Such training shall be approved by the Board of Trustees and may include, but not be limited to, training provided by a municipality, regional or county planning office or commission, county planning federation, state agency, statewide municipal association, college or other similar entity. Training may be provided in a variety of formats, including, but not limited to, electronic media, video, distance learning and traditional classroom training.
To be eligible for reappointment to such Board, such member shall have completed the training promoted by the Village pursuant to this subsection.
The training required by this subsection may be waived or modified by resolution of the Board of Trustees when, in the judgment of the Board of Trustees, it is in the best interest of the Village to do so.
No decision of a Board of Appeals shall be voided or declared invalid because of a failure to comply with this subsection.
Vacancy in office. If a vacancy shall occur otherwise than by expiration of term, the Mayor shall appoint the new member for the unexpired term.
Removal of members. The Mayor 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 as established by the Village Board of Trustees by local law.
Alternate members.
A Village Board of Trustees may, by local law or as a part of the local law creating the Zoning Board of Appeals, establish alternate Zoning Board of Appeals member positions for purposes of substituting for a member in the event such member is unable to participate because of a conflict of interest. Alternate members of the Zoning Board of Appeals shall be appointed by the Mayor, subject to the approval of the Board of Trustees, for terms established by the Village Board of Trustees.
The chairperson of the Zoning Board of Appeals may designate an alternate member to substitute for a member when such member is unable to participate because of a conflict of interest on an application or matter before the Board. When so designated, the alternate member shall possess all the powers and responsibilities of such member of the Board. Such designation shall be entered into the minutes of the initial Zoning Board of Appeals meeting at which the substitution is made.
All provisions of this section relating to Zoning Board of Appeals member training and continuing education, attendance, conflict of interest, compensation, eligibility, vacancy in office, removal, and service on other Boards, shall also apply to alternate members.
§ 157-36 Powers and duties.
[Amended 10-16-1990 by L.L. No. 2-1990; 1-10-2019 by L.L. No. 1-2019; 7-7-2020 by L.L. No. 4-2020]
The Board of Appeals shall have all the powers and duties prescribed by law and by this chapter, which are more particularly specified as follows:
Chairperson duties. All meetings of the Board of Appeals 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.
Interpretation. Upon appeal from a decision of the Code Enforcement Officer to decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary if there is uncertainty with respect thereto.
Variances. To grant use and area variances in accordance with the provisions of Village Law § 7-712-b.
§ 157-37 Procedure.
The Board of Appeals shall act in strict accordance with the procedure specified by law and by this chapter. All appeals and applications made to the Board shall be in writing on forms prescribed by the Board. Every appeal or application shall refer to the specific provisions of this chapter involved and shall exactly set forth the interpretation that is claimed, the use for which the special permit is sought or 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.
Every decision of the Board of Appeals shall be by resolution, each of which shall contain a full record of the findings of the Board in the particular case. Each such resolution shall be filed in the office of the Village Clerk by case number under one or another of the following headings: interpretations, special permits or variances; together with all documents pertaining thereto. The Board of Appeals shall notify the Village Board of each special permit and each variance granted under the provisions of this chapter.