Corning City Zoning Code
ARTICLE XIII
Zoning Board of Appeals
§ 240-105 Establishment and duties.
Pursuant to City Law, the Mayor shall appoint a Zoning Board of Appeals consisting of five members and two alternates, shall designate its chairman, and shall also provide for such expenses as may be necessary and proper. A member of the Zoning Board of Appeals shall not at the same time be a member of the City Council or Planning Commission. The City Council shall have the power to remove any member of the Zoning Board of Appeals for cause and after public hearing. All members and alternate members of the Zoning Board of Appeals must be residents of the City of Corning.
A.
Term of appointment.
(1)
Of the members of the Zoning Board of Appeals first appointed, one shall hold office for the term of one year, one for the term of two years, one for the term of three years, one for the term of four years and one for the term of five years from and after his/her appointment. The appointment of a chairman shall be for a term of one year.
(2)
Their successors shall be appointed for terms of five years from and after the expiration of the terms of their predecessors in office. If a vacancy shall occur otherwise than by expiration of term, it shall be filled by the City Council by appointment for the duration of the unexpired term.
B.
Staff. The Zoning Board of Appeals may employ such clerical or other staff assistance as may be necessary and prescribe their duties, provided that it shall not at any time incur expenses beyond the amount of the appropriations made by the City Council and then available for that purpose.
C.
Powers and duties. The Zoning Board of Appeals shall have the following powers and duties:
(1)
Appeals. The Zoning Board of Appeals shall hear and decide appeals from and review any order, requirement, decision or determination made by an administrative official charged with the enforcement of this chapter.
(2)
Variances. Where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this chapter, the Board of Appeals shall have the power to vary or modify the application of any of the regulations or provisions of such chapter relating to the use, construction, structural changes in, equipment or alteration of buildings or structures, or the use of land, so that the spirit of the chapter shall be observed, public safety and welfare secured and substantial justice done.
D.
Upon receipt of an application by the Zoning Board of Appeals, a public hearing shall be scheduled within 45 days. For the purpose of this chapter, the date or receipt shall be taken as the date of the first regular meeting of the Zoning Board of Appeals following submission of the application to the Code Enforcement Officer. The hearing shall be advertised at least five days prior to the scheduled date in a newspaper of general circulation in the City.
(1)
The applicant shall cause the property for which the application is filed to be posted with a notice indicating that a variance application has been made, the date of the first appearance before the Zoning Board of Appeals and that interested persons may obtain more detailed information from the Code Enforcement Office. The notice shall meet the following standards:
(a)
The notice shall be placed on weatherproof signs that have been provided by the Code Enforcement Office and placed on the property that is the subject of the application.
(b)
All such notice shall be posted no later than two days after the date the application is filed to ensure that notice is posted early in the review process.
(c)
The signs shall be placed along each abutting street, alley and right of way, perpendicular to the direction of travel, in a manner that makes them clearly visible to neighboring residents and passers-by. At least one sign shall be posted on each street frontage.
(d)
The signs shall remain in place during the period leading up to a decision by the Zoning Board of Appeals, but not less than 10 days.
(e)
On or before the date that the Zoning Board of Appeals is scheduled to make a decision on the application, the applicant shall certify in writing that required notice was posted according to the requirements of this section.
E.
Rules of procedure, bylaws, forms. The Zoning Board of Appeals shall have the power to make, adopt and promulgate such written rules of procedure, bylaws and forms as they may deem necessary for the proper execution of their duties and to secure the intent of this chapter.
F.
Alternates.
(1)
The Zoning Board of Appeals shall consist of five members and two alternate members. Alternate members are subject to the same provisions and rules as regular members under the Corning City Code. The term of alternate member one shall expire on December 31, 2016. The term of alternate member two shall expire on December 31, 2018. At the expiration of those terms, the terms of office for successors shall be three years. The terms of office of each alternate Board member thereafter appointed shall commence on January 1 of the year following the expiration of the preceding term.
(2)
Alternate members of the Zoning Board of Appeals are governed by the same Corning City Code provisions as regular members of the Board concerning eligibility to serve, the filling of vacancies and election of members, term limits, removal, compatibility of office, residency, and service on other boards, as well as any provisions of any state, local laws, or local ordinances relating to training, continuing education, and compensation.
(3)
Alternate members have the same powers, rights, duties, responsibilities, and voting authority as regular Zoning Board of Appeals members in all respects, when called upon to serve at a duly convened Board meeting.
(4)
Alternate members of the Zoning Board of Appeals shall not be permitted to serve on the Board when the Board successfully attains a quorum of three or more regular members.
(5)
Alternate members of the Zoning Board of Appeals shall be contacted and appointed to serve as Board members when the Board is otherwise unable to obtain a quorum of at least three members due to a conflict of interest, illness, unavailability, or absence of three or more regular members.
(6)
The Zoning Board of Appeals must contact its alternate members on a rotating basis, such that whichever alternate last served at a Board meeting, the other alternate shall be called first and serve first, if available.
(7)
The designation of two alternates to the Zoning Board of Appeals shall not affect the requirement that the standing Board at a meeting shall consist of five members, nor the requirement that three members of the Zoning Board of Appeals form a quorum for a duly convened public meeting, pursuant to Public Officers Law § 102.
(8)
A decision made by the majority of a quorum of the Zoning Board of Appeals, whether or not that quorum consists of alternates, is binding upon its being made.