Cobleskill Village City Zoning Code
§ 160-16.1
Creation; terms; organization.
A.
Creation.
(1)
Pursuant to § 7-712 of the Village Law, the Mayor, with the approval of the Village Board, shall appoint a five-member Zoning Board of Appeals to hear and decide appeals from and review any order, requirement, decision, interpretation, or determination made by the Code Enforcement Officer pursuant to Chapter 160 of the Village of Cobleskill Code.
(2)
In addition, the Mayor, with the approval of the Village Board, shall appoint one nonvoting alternate member of the Zoning Board of Appeals. Said alternate shall be authorized to participate in all discussions and deliberations of the Zoning Board of Appeals and shall be a voting member in the case of the recusal or absence of any Zoning Board of Appeals member.
(3)
The jurisdiction of the Zoning Board of Appeals shall be appellate only as more specifically set forth in § 160-16.2 below.
B.
Term of office.
(1)
Pursuant to § 7-712 of the Village Law, the term of each member and nonvoting alternate member of the Zoning Board of Appeals shall be five years, expiring at the end of the official year on May 31.
(2)
Vacancies, other than those caused by the expiration of the term or removal from office, shall be filled by appointment of the Mayor for the remainder of the unexpired term.
(3)
The Mayor shall, subject to the approval of the Village Board, appoint the Chairman and Vice Chairman of the Zoning Board of Appeals for terms of three years.
(4)
Removal. The Village Board shall have the power to remove any member of the Zoning Board of Appeals for cause after public hearing. Without limitation, cause shall include failure to meet training and attendance requirements as established by the Village Board.
C.
Organization.
(1)
General operations.
(a)
Subject to Village Board approval, the Zoning Board of Appeals shall by resolution adopt bylaws governing its parliamentary procedure and procedural forms such as application forms.
(b)
The Zoning Board of Appeals may employ clerical or other staff necessary for the proper function of the Zoning Board of Appeals within monies appropriated for that purpose by the Village Board.
(c)
The Village Board shall provide operating expenses for the Zoning Board of Appeals. Zoning Board of Appeals expenditures shall not exceed the amount of appropriations.
(2)
Meetings.
(a)
The Zoning Board of Appeals shall hold meetings at the call of the Chairman or at other times that the Zoning Board of Appeals may determine.
(b)
The Chairman, or the Deputy Chairman in the absence of the Chairman, has the power to administer oaths and compel the attendance of witnesses.
(3)
Minutes.
(a)
The Zoning Board of Appeals shall keep minutes of its meetings.
(b)
The minutes shall, at a minimum, consist of a record or summary of all motions, proposals, resolutions and any other matter formally voted upon. The minutes shall also show how each member voted on every question. The minutes shall indicate if a member is absent or fails to vote.
(c)
Draft minutes shall be filed with the Village Clerk and made available to the public within two weeks of each meeting. At the next regular meeting following the preparation of the draft minutes, the Zoning Board of Appeals shall vote to approve the draft minutes or approve the minutes with modification. The final minutes shall be filed with the Village Clerk and made available to the public within two weeks of their approval by the Zoning Board of Appeals.
(4)
Written decision on appeals. The Zoning Board of Appeals shall file, with the Village Clerk, a separate written decision on appeals within five days with a statement of conditions, if any, on the grant of the variance.