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Elbridge Town City Zoning Code

ARTICLE XIII

Zoning Board of Appeals

§ 265-84 Membership and term of office.

The Zoning Board of Appeals shall consist of five members. Each member's term of office will be five years and all terms shall be staggered in their expiration.
In addition to the five board members provided for herein above, there shall be one alternate Zoning Board member whose term of office shall be one year. This alternate Zoning Board member shall be appointed annually by the Town Board and shall serve upon the call of the Zoning Board Chairman as a substitute for a member who is unable to participate because of a conflict of interest. The provisions of § 267, Subdivision 11, of the Town Law are hereby superseded and said alternate Zoning Board member is hereby also authorized to substitute for a member who is unable to participate for any other reason than conflict of interest, upon the call of the Zoning Board of Appeals Chairman.

§ 265-85 Qualifications of Board members.

The qualifications of the present Board members are hereby acknowledged; however, any new member shall be provisionally appointed subject to completion of a generally accepted basic qualification program to be promulgated by either the State of New York or the New York Planning Federation. Any such new member shall successfully complete such basic qualification program within six months of appointment. All members, including those who are presently qualified, shall participate annually in a continuing education course as required by Town Law to be approved by the Town Board upon the recommendation of the Zoning Board of Appeals.

§ 265-86 Appellate power. [1]

The Zoning Board of Appeals shall have such appellate powers as are enumerated in Article 16 of the Town Law.
[1]
Editor's Note: Former § 265-86. Special use permits, was repealed 11-10-2021 by L.L. No. 5-2021. See now § 265-81, Special use permits.

§ 265-87 Referrals to Planning Board.

Prior to making a decision upon a Use variance or special use permit, the Zoning Board of Appeals shall refer the matter to the Planning Board for its recommendation regarding any site plan considerations of the proposed use. The Planning Board shall consider the matter within 45 days of the receipt of the referral. In the event that the Planning Board shall not act within that period, the Zoning Board of Appeals may proceed without the Planning Board's recommendation. The Zoning Board of Appeals must incorporate in its decision all recommendations of the Planning Board unless the Zoning Board of Appeals, by a majority plus one vote of all of its members, acts to reject any such site plan recommendation and sets forth the reason for such contrary action in its resolution.

§ 265-88 Time limitation.

An application for an interpretation or a variance shall be made within 60 days of the written decision of Code Enforcement Officer.