Corinth Village City Zoning Code
ARTICLE VIII
Zoning Board of Appeals
§ 500-30 Creation, appointment, organization and removal.
[Amended 10-19-2011 by L.L. No. 4-2011]
A.
The Mayor, subject to the approval of the Board of Trustees, shall appoint a Zoning Board of Appeals pursuant to § 7-712 of the Village Law. The Zoning Board of Appeals shall consist of three members to serve for staggered three-year terms. The Mayor shall appoint the Chairperson of the Zoning Board of Appeals, subject to the approval of the Board of Trustees.
B.
The following actions are cause for removal of any member of the Zoning Board of Appeals by the Board of Trustees:
(1)
Three consecutive unexcused absences from meetings.
(2)
Violation of the Code of Ethics.[1]
[1]
Editor's Note: See Ch. 46, Ethics, Code of.
(3)
Misconduct.
§ 500-31 Alternate members.
[Added 11-19-2008 by L.L. No. 3-2008; amended 10-19-2011 by L.L. No. 4-2011]
Pursuant to § 7-712, Subdivision 11, of the New York State Village Law, the Mayor may, subject to the approval of the Board of Trustees, appoint alternate members of the Zoning Board of Appeals to substitute for a member in the event such member is unable to participate on an application or matter before the Zoning Board of Appeals, whether such inability is due to absence, conflict of interest, or any other reason. Such alternate member shall have all the powers and responsibilities of a member of the Zoning Board of Appeals. The terms of such alternate members shall be for a maximum term of three years from date of appointment, unless otherwise extended by the Board of Trustees. The Board of Trustees shall also require said alternate members to complete training and continuing education courses in order to fulfill their duties as alternate members of the Zoning Board of Appeals.
§ 500-32 Powers and duties.
The Zoning Board of Appeals shall have all the powers and duties prescribed by law and by this chapter which are specified as follows:
A.
Rules of procedure. The Zoning Board of Appeals shall have the power to make, adopt and promulgate such written rules of procedure, bylaws and forms as may be provided for in Article 7 of the Village Law for the proper execution of its duties. Such rules, bylaws and forms shall not be in conflict with, or have the effect of waiving, any provisions of this chapter or any other ordinance or law of the Village of Corinth.
B.
Interpretive powers. The Zoning Board of Appeals shall have the power to hear and decide on questions where it is alleged there is an error in any order, requirement, decision or determination made by the Code Enforcement Officer involving the interpretation of any provision of this chapter. Also involving a request by an administrative official, board or agency of the Village, to decide any of the following questions:
(1)
Determination of the meaning of any portion of the text of this chapter or of any conditions or requirements specified or made under the provisions of this chapter; or
(2)
Determination of the exact location of any district boundary shown on the Zoning Map.
C.
Variances.
(1)
Area variances. The Zoning Board of Appeals shall have the power, upon appeal from a decision or determination of the Code Enforcement Officer, to vary or modify yard requirements, setback lines, lot coverage, frontage requirements, height requirements and density regulations.
(a)
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 shall be relevant to the decision of the Zoning Board of Appeals but shall not necessarily preclude the granting of the area variance.
(b)
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.
(2)
Use variances. The Zoning Board of Appeals shall have the power, upon appeal from a decision or determination of the Code Enforcement Officer, to vary the use requirements of this chapter.
(a)
No use variance shall be granted by the Zoning Board of Appeals without a showing by the applicant that applicable land use restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant shall demonstrate to the Zoning Board of Appeals that for each and every permitted use under the land use regulations for the particular district where the property is located:
[1]
The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated 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
[4]
The alleged hardship has not been self-created.
(b)
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.
(c)
At the same time, the Zoning Board of Appeals shall 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 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. 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.
D.
Site plan review for use variances. In the case of the granting of a use variance, the Zoning Board of Appeals shall determine if the applicant is to undergo site plan review with the Planning Board.
§ 500-33 Procedures.
A.
Meetings and voting requirements.
(1)
Meetings shall be held at the call of the Chairperson or at such other times as the Zoning Board of Appeals may determine. A quorum shall consist of two members. In order to reverse a decision of the Code Enforcement Officer or to authorize a variance, an affirmative vote of at least two members shall be required.
[Amended 8-3-2022 by L.L. No. 2-2022]
(2)
A vote of a majority plus one of all members shall be required if the action taken by the Zoning Board of Appeals is contrary to an advisory recommendation received from the Saratoga County Planning Board under the provisions of § 239-m of the General Municipal Law. The Board shall keep accurate minutes of its proceedings, documenting fully all findings and showing the vote of each member upon each question. All meetings of the Zoning Board of Appeals shall be open to the public.
B.
Appeals.
(1)
All appeals shall be filed within 60 days of the action appealed from and shall be accompanied by the applicable fee in accordance with the fee schedule established by the Village Board and posted in the Village Hall. Every appeal or request shall refer to the specific provision of this chapter. Appeals shall also set forth either the interpretation that is claimed or the details of the variance that is applied for and the grounds on which it is claimed that such variance should be granted.
(2)
All appeals and requests made to the Board shall be in writing, on forms prescribed by the Board and furnished by the Code Enforcement Officer.
(3)
The application shall contain a plot plan of the real property to be affected, indicating the location and size of the lot and size of improvements thereon and proposed to be erected thereon, and all yard dimensions and adjacent property owners.
(4)
More specifically, each application for an area or use variance shall be accompanied by a site plan at a scale of one inch equals 50 feet. The site plan shall show the size and placement of the lot, including tax map reference numbers (section, block, lot), surrounding land use, design and location of proposed buildings, driveways, parking areas, landscaping and screening, proposed drainage and utility systems, existing and proposed contours of the land, and any other information deemed necessary by the Zoning Board of Appeals.
(5)
The Zoning Board of Appeals has the right to waive any of the aforementioned application requirements that it feels are inapplicable.
C.
Public notice and hearing. The Board shall fix a reasonable time and place for a public hearing on any such appeal or request, of which hearing date the appellant shall be given notice and at which hearing he shall appear in person or by agent. Additionally, notice shall be provided as follows:
(1)
By publishing at least five calendar days prior to the date thereof a legal notice in the official newspaper of the Village.
(2)
By requiring the applicant to provide notice of the public hearing and data regarding the substance of the appeal to the owners of all property abutting that property held by the applicant, or such additional distances that the Zoning Board of Appeals may deem advisable, of the land involved in such appeal. Notice shall be provided by first-class mail at least five calendar days prior to the hearing, with compliance with this notification procedure affirmed by the applicant through an affidavit submitted to the Building Department. The names of owners notified shall be taken from the last completed tax roll of the Village.
[Amended 8-18-2021 by L.L. No. 1-2021]
D.
Required referral. A full statement of any appeal that meets the referral requirements of § 239-m of the General Municipal Law shall also be referred not less than 5 days prior to the public hearing to the Saratoga County Planning Board. No action shall be taken by the Zoning Board of Appeals on such appeal until an advisory recommendation has been received from said Board or 30 calendar days have elapsed since the Board received such full statement. When the application is for the granting of a use variance on property that is within 500 feet of an adjacent municipality, notice shall be given in accordance with § 239-nn of the General Municipal Law to the clerk of the adjacent municipality at least 10 days prior to the public hearing.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E.
Decisions. Every decision of the Zoning Board of Appeals on an appeal or request shall be made within 62 days of the close of the hearing by the Board. The decision shall be recorded in accordance with standard forms adopted by the Board, shall fully set forth the circumstances of the case and shall contain a full record of the findings on which the decision is based. Every decision shall be by resolution of the Board, with each such decision being filed in the office of the Village Clerk-Treasurer within five business days thereof. The Board shall also notify the Code Enforcement Officer, the Secretary of the Planning Board and any affected municipality given notice of hearing of its decision in each case. If applicable, a report on the action taken shall also be filed within seven calendar days of said action with the Saratoga County Planning Board.
F.
Attachment of conditions. In all cases where the Zoning Board of Appeals grants a variance from the strict application of the requirements of this chapter, it shall be the duty of such Board to attach such conditions and safeguards as may be required in order that the result of its action shall be as nearly as possible in accordance with the spirit and intent of this chapter.
G.
Effect of appeal. Unless the Code Enforcement Officer finds there to be an imminent peril to either life or property, an appeal stops all work related to the action that is the subject of the appeal, by either the Village or appellant.
H.
Expiration of approval. Unless construction or use is commenced and diligently pursued within one calendar year from the date of the granting of a variance, such variance shall become null and void without further hearing by the Zoning Board of Appeals.
§ 500-34 Compliance with State Environmental Quality Review Act.
The Zoning Board of Appeals shall comply with the provisions of the State Environmental Quality Review Act (SEQRA).[1] If the time schedule for SEQRA is different, the schedule should be modified for SEQRA for projects that are subject to an environmental impact statement.
[1]
Editor's Note: See § 8-0101 et seq. of the Environmental Conservation Law.
§ 500-35 Appeals.
Any person or persons jointly or severally aggrieved by any decision of the Zoning Board of Appeals may apply to the Supreme Court of the State of New York for relief through a proceeding under Article 78 of the Civil Practice Law and Rules of the State of New York. Such proceeding shall be governed by the specific provisions of Article 78, except that the action must be initiated as therein provided within 30 days after the filing of the Board's decision in the office of the Village Clerk-Treasurer.