Forestburgh City Zoning Code
ARTICLE VIII
Zoning Board of Appeals
§ 180-37 Establishment and membership.
A.
Zoning Board of Appeals. The Town of Forestburgh Zoning Board of Appeals (ZBA), established pursuant to the New York State Town Law, shall consist of five members, including a Chairperson appointed by the Town Board. Appointments shall be in accordance with the New York State Town Law, and an appointment to a vacancy occurring prior to the expiration of a term shall be for the remainder of the unexpired term. In the absence of a Town Board appointment of a Chairperson or in the absence of the Board member so appointed, the ZBA may designate a member to serve as Acting Chairperson.
B.
Alternate members. The Town Board hereby elects to supersede the New York State Town Law and to provide, pursuant to the New York State Municipal Home Rule Law, for the appointment of one alternate member of the ZBA to serve for a term of one year or until a successor is appointed. Such alternate member shall attend meetings and shall act in the capacity of a full member whenever regular members are absent or must recuse themselves due to conflicts of interest.
§ 180-38 Powers and duties.
The ZBA shall have the powers and duties authorized by the New York State Town Law and shall have the following additional powers and duties, provided that none of the following provisions shall be deemed to limit any power of the ZBA that is conferred by law:
A.
The ZBA shall, upon request from or appeal of a decision by the Code Enforcement Officer or any administrative body of the Town of Forestburgh, including the Town Board, decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary if there is uncertainty with respect thereto.
§ 180-39 General procedures of Zoning Board of Appeals.
A.
Appeals and applications for variance and interpretation. The ZBA shall act in accordance with the procedure specified by law and by this chapter. The ZBA may establish its procedures and requirements, within the framework provided by law and this chapter, for conducting its business. All appeal, variance and interpretation applications made to the ZBA shall be in writing on forms prescribed by the Board or provided for herein. Every application shall refer to the specific provision of the chapter involved and shall exactly set forth the interpretation that is claimed, the use which is involved or sought, and the details and type of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be. Every decision of the ZBA shall be by resolution, each of which shall contain the findings of the Board in the particular case.
B.
Required copies and fees. Applications and supporting documentation, in accordance with the ZBA's rules, shall be filed with the Town Clerk, accompanied by an application fee in the amount set from time to time by resolution of the Town Board.
C.
Content of appeal or application. Each appeal or application shall fully set forth the circumstances of the case and contain the following information and documentation:
(1)
The name, address and telephone number of the property owner and, if different, the name, address and telephone number of the applicant(s).
(2)
Address, tax identification number for the property, existing use, acreage of parcel, and zoning district(s) designation.
(3)
A narrative description of the proposed development project, with reference to the applicable use and other regulations of this chapter.
(4)
A copy of the recorded deed must be furnished evidencing ownership of the property, together with copies of any leases, development agreements or other agreements between the property owner and the applicant(s).
(5)
A list of all federal, state and other permits and other governmental approvals that would be required to implement the development project.
(7)
Signature of the applicant, or the owner and the applicant, if the applicant is not the owner, attesting to the accuracy of the statements and representations made in the application.
(8)
Copy of the permit application, any materials submitted with the application, and a copy of the Code Enforcement Officer's denial if applicable.
D.
Public hearings.
(1)
The ZBA shall fix a time for any required public hearings, give public notice thereof and issue decisions in accordance with the provisions of law. The applicant shall bear the cost of advertising and required public notice for public hearings. The ZBA shall comply with SEQRA. The ZBA shall hold a public hearing to consider each appeal and application for a variance or interpretation (as applicable) prior to rendering any decision on an application or appeal. This public hearing may begin concurrently with any required public hearing for the purpose of environmental review.
(2)
Notification to all property owners within 500 feet of the perimeter of the subject parcel shall be made by the applicant 14 days' prior to the hearing. However, the ZBA at its discretion may require broader notification. All notifications shall be made via certified mail, with proof of mailing obtained from the U.S. Postal Service, and at the applicant's expense, which shall be provided to the ZBA prior to the hearing.
(3)
The hearing on the application shall be advertised by the applicant at least once in the official newspaper so designated by the Town Board at least five days before such hearing. The applicant shall provide an affidavit of publication prior to the hearing. The applicant shall also post a sign, measuring a minimum of 20 inches by 24 inches, prominently placed on the property and visible from the road, notifying interested persons that an application is under consideration by the Zoning Board. In cases where a property has frontage on more than one street, an additional sign must be placed at or near the property line on any additional street frontage so that the sign will be plainly visible from the street on which it has such additional frontage. The sign shall be posted for a minimum of 14 days' prior to the public hearing. The ZBA may provide that the hearing be further advertised in such manner as it deems most appropriate. All notices shall include the name and nature of the application and the relief sought from the ZBA. Such notice shall not be required for adjourned dates.
E.
Appearances. On hearing of an application or appeal, an applicant may either appear in person or by a representative who need not be an attorney. If the applicant is to be represented by a person who is not an attorney, a notarized owner's proxy must be presented to the ZBA prior to the hearing. The applicant or applicant's representative must appear before the ZBA when the application is on the agenda and must attend the public hearing and describe the application to the Board of
F.
Appeals. The ZBA may not hold a hearing on an application unless the applicant or his/her representative is present. The ZBA may deem an application abandoned if an applicant fails to appear to a meeting in which the application is scheduled to be heard without notice and prior approval from the ZBA chairperson.
G.
Conduct of proceedings. The ZBA shall make its findings and determinations based upon substantial evidence contained in the record of its proceedings. It shall be the responsibility of the applicant to present evidence in the form of testimony, exhibits, documents, models, plans and the like to support the application for approval of a variance or a favorable decision upon an appeal.
H.
Referrals. The ZBA may refer applications for variances and appeals for review by the Fire Department, the Highway Department, and any other Town officials or non-Town consultants deemed appropriate by the ZBA. Any comments from these reviewers shall be forwarded to the ZBA to aid its decision on the application or appeal.
I.
Inspection. The ZBA may defer decision on any matter for the purpose of an appropriate inspection by the ZBA or any other agency that it deems to be an interested agency or to hear witnesses or procure the submission of pertinent records. An appeal or application on which determination by the Board is to be deferred shall become an item of business at the next public meeting of the ZBA.
J.
Imposition of conditions.
(1)
In granting a variance, the ZBA shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the application and as are, in the opinion of the ZBA, required to promote the intent and purposes of the Comprehensive Plan of the Town and this chapter. Such conditions shall be based on competent credible evidence on the record, be incorporated into the decision, and may include, without limitation, provisions for:
(a)
Minimizing adverse impact of the development upon other land;
(b)
Ensuring that the type, intensity, design, location, character and performance of activities shall be in harmony with the orderly development of the Town;
(c)
Controlling the duration of use or development and the time within which any temporary structure must be removed;
(d)
Designating the exact location and nature of development;
(e)
Establishing detailed records by submission of drawings, maps, as-built plans, plats or specifications;
(f)
Ensuring all proposed structures, equipment and materials shall be readily accessible for fire and police and other emergency responder protection;
(g)
Ensuring that the nature and intensity of operations involved in or conducted in connection with the proposed use, its site layout and its relation to access streets be such that both pedestrian and vehicular traffic to and from the use and assembly of persons in connection therewith will not be hazardous or inconvenient to or incongruous with the Town or conflict with the normal traffic of the Town;
(h)
The payment of all fees;
(2)
Failure to abide by any conditions attached to a permit or a variance shall be a violation of this chapter and subject to appropriate enforcement action, including suspension or revocation of the permit or variance.
K.
Conduct of ZBA. ZBA action on applications and appeals shall additionally be subject to the following:
(2)
Every decision of the ZBA shall fully set forth in a statement the circumstances of the case and shall contain a record of the findings on which the decision is based. The decision shall be mailed to the applicant or transmitted electronically. Every decision shall be filed in the office of the Town Clerk within five business days, and additional copies shall be submitted to the Planning Board and the Code Enforcement Officer.
(3)
Upon denial of an application for use variance or area variance, the ZBA shall so inform the Code Enforcement Officer, and the Code Enforcement Officer shall not issue a zoning or building permit or certificate of occupancy to the applicant.
§ 180-40 Matters regarding variances and variance applications, generally.
A.
No existing violations. No use variance shall be issued, and no application for a use variance shall be considered by the ZBA, for a property where there is an existing violation of this chapter or the Property Maintenance Code upon such property. Other than an existing violation which is the subject of the area variance application being considered, no area variance shall be issued, and no application for an area variance shall be considered by the ZBA for a property where there is an existing violation of this chapter or the property maintenance code upon such property or other Forestburgh property owned by the applicant.
C.
Failure to complete construction. Any area variance or use variance granted pursuant to this chapter shall automatically expire and be of no further force and effect 12 months after the granting thereof unless, within such twelve-month period, construction is substantially complete. The ZBA shall be authorized, upon application and without hearing, to grant extensions of the variance for periods not to exceed six months in duration or to reinstate a lapsed variance for good cause shown.
§ 180-41 Review standards for variances.
Applications for an area variance or use variance shall be subject to the review standards and considerations set forth in Town Law § 267-b.