Cayuga Heights Village
City Zoning Code
City Zoning Code
ARTICLE XX
Zoning Board of Appeals
§ 305-131 Purpose.
The purpose of this article is to provide for relief from the requirements of this chapter to allow, in accordance with the terms and conditions of this article, for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations, and for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations, and for the reversal, affirmation or modification, in whole or in part, of an order, requirement, decision, interpretation or determination made by the Village's Zoning Officer.
§ 305-132 Zoning Board of Appeals.
The Village's Zoning Board of Appeals (ZBA) is an appellate body whose jurisdiction shall be limited to hearing and deciding appeals from and reviewing any order, requirement, decision, interpretation, or determination made by the Village's Zoning Officer.
A.
Regular members. The Zoning Board of Appeals shall consist of four regular members and one chairperson, all of whom shall be Village residents serving in a volunteer capacity. Each regular member and the chairperson of the Board shall be appointed by the Mayor of the Village and approved by a majority vote of the Village's Board of Trustees.
B.
Alternate member. The Mayor also shall appoint, subject to approval by the Board of Trustees, one alternate member who shall be a Village resident serving in a volunteer capacity. The chairperson of the Zoning Board of Appeals may designate the alternative member to be an active member when a regular member is unable to attend a Board meeting or is unable to participate in a Board meeting 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 a regular member of the Board. Such designation shall be entered into the minutes of the Board meeting at which the alternate member is designated to act as a regular member.
C.
Terms.
(1)
The terms of all Zoning Board of Appeals regular members and the chairperson shall be five years and staggered such that one term shall expire at the end of each Village official year.
(2)
The term of the Zoning Board of Appeals alternate member shall be one year and shall expire at the end of the Village official year.
D.
Attendance. All Zoning Board of Appeals regular members and the chairperson shall be required to attend a minimum of 65% of all regularly scheduled meetings within any consecutive twelve-month period. Any regular member and/or the chairperson may be removed by the Mayor of the Village, after a public hearing, for noncompliance with this attendance requirement.
E.
Powers. The Zoning Board of Appeals is hereby vested with the powers and duties and is subject to the limitations as set forth in by § 7-712 of the Village Law of the State of New York, including §§ 7-712(a) through (c), as the same may be amended, modified or changed from time to time, and any sections subsequently adopted pertaining to Zoning Board of Appeals.
(1)
Use variances.
(a)
The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of the Village's Zoning Officer, to grant use variances authorizing a use of land which otherwise would not be allowed or would be prohibited by this chapter.
(b)
No such use variance shall be granted by the 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 Board that:
[1]
For each and every permitted use under the zoning regulations for the particular district where the property is located, the applicant cannot realize a reasonable return from the property in question, provided that lack of return is substantial as demonstrated by competent financial evidence, as determined in the sole discretion of the Zoning Board of Appeals; and
[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; and
[3]
The requested use variance, if granted, will not alter the essential character of the neighborhood; and
[4]
The alleged hardship has not been self-created.
(c)
The Zoning Board of Appeals, in granting a use variance, 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 the Village's Zoning Officer, to grant area variances from area or dimensional requirements of this chapter.
(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 the grant of such variance. In making such determination, the Board shall also consider whether:
[1]
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]
The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
[3]
The requested area variance is substantial;
[4]
The proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
[5]
The alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board 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 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.
(3)
Imposition of conditions. The Zoning Board of Appeals shall, in the granting of 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 land. 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 community.
§ 305-133 Variance review procedures.
A.
The applicant for a variance shall file with the Zoning Officer a variance application, together with an application fee as determined by the current fee schedule approved by the Village's Board of Trustees.
B.
Within a reasonable time of receipt of an application for a variance, the Zoning Board of Appeals shall schedule consideration of the variance at its earliest subsequent regularly scheduled meeting.
C.
Public hearing. Pursuant to § 305-133B, and prior to rendering any decision on the variance application, the Zoning Board of Appeals shall conduct a public hearing.
(1)
Notice of the public hearing shall be published in a newspaper of general circulation in the Village of Cayuga Heights at least 10 calendar days before such hearing. The Zoning Officer shall also notify by mail all owners of property contiguous with the property that is the subject of the variance and all owners of properties within 200 feet of the property that is the subject of the variance, postmarked at least 10 calendar days before the date of the hearing. Such notice shall briefly state essential facts about the variance and inform recipients of the date, time, and place of the public hearing and the place where further information about the variance application and the review process may be obtained. The Zoning Officer shall use for the mailing address for notices to property owners the address listed for the owner in the records of the Tompkins County Department of Assessment.
[Amended 6-18-2018 by L.L. No. 4-2018]
(2)
The public hearing for the variance may begin concurrently with any required public hearing for the purpose of environmental review of the same variance in accordance with the State Environmental Quality Review Act (SEQRA) and may continue after any such environmental review public hearing is closed. For projects that require both a variance and either site plan review or a special use permit, the Planning Board shall act as lead agency in the environmental review for both actions. In those cases, the Zoning Board of Appeals cannot render its decision on a variance until the Planning Board has completed the environmental review.
D.
Coordination and consultation. The variance application may also be reviewed by the Village's Chief of Police and Fire Chief, and any other Village officials or consultants deemed appropriate by the Zoning Board of Appeals. Any comments from these persons shall be delivered, in writing, to the Board to aid its decision on the application.
E.
Board action. Within 62 calendar days of the closing of the public hearing, the Zoning Board of Appeals shall approve, approve with conditions, or disapprove the variance application submitted for review. If the Board has approved the variance with conditions, such conditions shall be satisfied prior to issuance of a certificate of occupancy. The Board's decision on a variance shall be signed by the Board's Chairperson or, in the Chairperson's absence, such other person who has been authorized by the Board to sign the permit. Within five business days after the Board has rendered its decision on the variance and the decision has been signed by the Chairperson (or such other authorized person), one copy of the variance shall be filed by the applicant with the Village Clerk and a copy thereof shall be mailed to the applicant.
F.
Stormwater Pollution Prevention Plans (SWPPPs). Any stormwater pollution prevention plan associated with a variance shall be approved by the Village's Stormwater Management Officer in accordance with Chapter 235, Stormwater Management, of the Village Code before the Zoning Board of Appeals renders its decision on a variance.
G.
Extension of deadlines. All deadlines for decisions on a variance may be extended upon mutual agreement between the Zoning Board of Appeals and the applicant.