Greene City Zoning Code
ARTICLE VIII
Zoning Board of Appeals
§ 125-35 Creation; organization; appointment.
The Village Board shall appoint a Zoning Board of Appeals pursuant to § 7-712 of the Village Law. Said Board shall consist of three or five members, to serve for three-year terms. Vacancies shall be filled in a manner provided in the Village Law; however, an unexpired term shall be filled for such unexpired term only. There shall be a Chairman and an Acting Chairman. The procedure of the Zoning Board of Appeals and the conduct of its members shall be in conformity with § 7-712 of the Village Law and any amendments thereto.
§ 125-36 Powers and duties.
A.
The Zoning Board of Appeals shall exercise all the powers and duties in the manner now and hereafter prescribed by law and by this chapter, which are more particularly described in § 7-712-b of the Village Law, including decisions regarding:
(1)
Orders, requirements, decisions, interpretations and determinations.
(2)
Use variances in accordance with guidelines set forth in Village Law § 7-712-b, Subdivisions 2 and 4, and any amendments thereto.
(3)
Area variances in accordance with guidelines set forth in Village Law § 7-712-b, Subdivisions 3 and 4, and any amendments thereto.
B.
Special Use Permits.
(1)
The Zoning Board of Appeals is authorized to issue special use permits pursuant to § 7-725, Subdivision 1b of the Village Law, and any amendments thereto, for any use specified in Article IX, after public notice and hearing held within 62 days of receipt of the application, provided that such special use complies with the general standards and rules set forth as follows:
(a)
Such special use shall comply with all applicable regulations of this chapter for the district within which it is to be located.
(b)
Such special use shall comply with any standards as set forth for that special use in Article IX.
(c)
Such special use shall comply with any conditions deemed necessary by the Zoning Board of Appeals (e.g., access roads, fences, landscaping) in order to protect the value of adjacent properties and to promote the orderly development of the surrounding area.
(d)
Strict conditions set forth in this chapter may be waived when such conditions are found not to be needed to protect public health, safety or general welfare or are inappropriate to a particular special use.
(2)
The Board shall deny application for a special use permit when, in its judgment, said special use is not in accordance with the standards set forth in this chapter or when said use would prove detrimental to adjacent properties.
§ 125-37 Procedure for appeals.
A.
The Zoning Board of Appeals shall act in strict accordance with the procedure specified by § 7-712 et seq. of the Village Law or any amendments thereto and by this chapter. All appeals and applications made to the Board shall be in writing on forms prescribed by the Board. Every appeal or application shall refer to the specific provision of this chapter involved and shall exactly set forth the interpretation that is claimed, the use for which the special permit is sought or the detail of the variance that is applied for and the grounds on which it is claimed that the variance shall be granted, as the case may be.
B.
Every decision of the Zoning Board of Appeals shall be by resolution, each of which shall contain a full record of the findings of the Board in the particular case. Each such resolution, together with all documents pertaining thereto, shall be filed in the office of the Village Clerk by case number under one of the following headings: "Interpretations," "Special Permit" or "Variance." The Zoning Board of Appeals shall notify the Village Board, the Village Clerk and the Village Planning Board of each special permit and each variance granted under the provisions of this chapter.