Coxsackie Village City Zoning Code
ARTICLE XII
Zoning Board of Appeals
§ 155-93 Creation; organization.
[Amended 5-9-2022 by L.L. No. 3-2022]
A Zoning Board of Appeals is hereby created. Said Board shall consist of five members and two alternate members for the purposes of substituting for a member in the event such member is unable to participate because of a conflict of interest or in the event such member is absent from a meeting. The Board shall appoint a Secretary and shall prescribe rules for the conduct of its affairs.
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 or in the event such member is absent from a meeting.
The alternate member of the Zoning Board of Appeals shall serve for a period of five years.
§ 155-94 Powers and duties.
The Zoning Board of Appeals shall have all the power and duties prescribed by law and by this chapter, which are more particularly specified as follows:
Interpretation. Upon appeal from a decision by the Building Inspector/Code Enforcement Officer, to decide any question involving the interpretation of any provision of this chapter, including the determination of the exact location of any district boundary if there is uncertainty with respect thereto.
Use variances.
The Zoning Board of Appeals, on appeal from the decision or determination of the administrative official charged with the enforcement of this chapter, shall have the power to grant use variances authorizing a use of the land which otherwise would be prohibited by the terms of this chapter.
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 Zoning Board of Appeals that:
Under applicable zoning regulations, the applicant cannot realize a reasonable return, provided that the lack of return is substantial as demonstrated by competent financial evidence.
The alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood.
The requested use variance, if granted, will not alter the essential character of the neighborhood:
The alleged hardship has not been self-created.
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 and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
Definition. "Use variance" shall mean the authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.
Area variance.
The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of an administrative official charged with the enforcement of this chapter, to grant area variances from the area or dimensional requirements of this chapter.
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 Zoning Board of Appeals shall also consider:
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.
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance.
Whether the requested area variance is substantial.
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.
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.
Definition. "Area variance" shall mean the authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.
Imposition of conditions. The 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 or the period of time such variance shall be in effect. 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.
§ 155-95 Procedures filing fee; applications; notice of public hearing.
Procedure. Proceedings before the Zoning Board of Appeals shall be governed by § 7-712-a of the Village Law of the State of New York. In addition, the Zoning Board of Appeals may, by resolution, adopt rules and official forms not inconsistent with Village Law § 7-712-a to govern practices and proceedings before the Zoning Board of Appeals.
Filing fee. All applications or appeals to the Zoning Board of Appeals shall be accompanied by a filing fee in an amount to be set by the Village Board of the Village of Coxsackie by resolution from time to time.
Applications. Applications shall be on a form prescribed by the Zoning Board of Appeals, containing all the information required therein and shall include the names and addresses of all persons owning property within 500 feet of the area in question, including all adjoining property owners.
Notice of public hearing. Notice of the hearing upon any appeal or application pending before the Zoning Board of Appeals shall be given as follows:
By publication once in the official newspaper of the Village of Coxsackie at least five days before the hearing.
By sending the notice by regular mail to all the owners of property within 500 feet of the property in question, including all adjoining property owners, at least 10 days before the hearing. Service by mail shall be made by the applicant or appellant, who shall submit proof of mailing in the form of original United States Post Office certificates of mailing.