Hammondsport Village
City Zoning Code
City Zoning Code
ARTICLE VIII
Board of Appeals
§ 122-45 Membership.
A.
The Board of Trustees shall provide for the appointment of a Board of Appeals consisting of five members, one of whom shall be appointed Chairman by the Board of Trustees for a period of five years. The first appointments of members thereto shall be for terms so fixed that at least one will expire at the end of each official year, commencing at the end of the current such year and continuing in succeeding years until the entire original appointments run out. At the expiration of each original appointment, the succeeding member shall be appointed for a five-year term. Vacancies shall be filled for the unexpired term of the member whose place has become vacant.
B.
No person who is a member of the Village Board of Trustees shall be eligible for membership on such Board of Appeals.
C.
The Board of Trustees shall have the power to remove any member of the Board of Appeals for cause and after public hearing.
§ 122-46 Meetings.
All meetings of the Board of Appeals shall be held at the call of the Chairman and at such other times as such Board may determine. Such Chairman, or in his absence, the Deputy Chairman, who shall also be appointed by the Board of Trustees, may administer oaths and compel the attendance of witnesses. All meetings of such Board shall be open to the public.
§ 122-47 Minutes.
A.
Such Board shall keep verbatim minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions. Every rule, regulation, every amendment or repeal thereof and every order, requirement, decision or determination of the Board shall be filed in the office of the Board and with the Village Clerk and shall be a public record.
B.
Verbatim minutes of its proceedings. Such verbatim minutes shall be sufficient as a cassette or reel-to-reel recording, and such shall be filed with the Clerk by the Chairman of the Board of Appeals within 24 hours following adjournment or recess of the meeting.
§ 122-48 Powers and duties.
The Board of Appeals shall have all the powers and duties as prescribed by the Village Law of the State of New York and by this chapter, which are more particularly specified as follows:
A.
Administrative review: to hear and decide appeals from and review of any order, requirement, decision or determination made by an administrative official charged with the enforcement of this chapter. The concurring vote of a majority of the Board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter.
B.
Referrals: to hear and decide all matters referred to it upon which it is required to pass under this chapter.
C.
Interpretation: to decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any zoning district boundary in case of uncertainty with respect thereto.
D.
Special and temporary use permits: to authorize only such special or temporary permits as the Board of Appeals is specifically authorized to pass on by the terms of this chapter; to decide such questions as are involved in determining whether such permits should be granted; and to authorize such permits with such conditions and safeguards as are appropriate under this chapter or to deny said permits when not in harmony with the purpose and intent of this chapter.
E.
Variances: to authorize upon appeal, in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest, according to standards specified herein.
§ 122-49 Employment of staff assistants.
The Board of Appeals may employ such staff assistants as may be necessary and prescribe their duties, provided that at no time shall expenses be incurred beyond the amount of the appropriations made by the Village Board for such use and then available for that purpose.
§ 122-50 Promulgation of rules and regulations.
A.
The Board of Appeals shall have the power to make and adopt such written rules of procedure, bylaws and forms as it may deem necessary for the proper execution of its duties and to secure the intent of these regulations.
B.
Such rules, by laws and forms shall not be in conflict with nor have the effect of waiving any provision of these regulations or any other regulation of the municipality.
§ 122-51 Office; maintenance of records.
The office of the Village Clerk shall be the office of the Board of Appeals and every rule, regulation, amendment or repeal thereof and every order, requirement, decision or determination of the Board shall immediately be filed in said office.
§ 122-52 Effect of appeal.
An appeal stays all proceedings in furtherance of the action appealed from unless the Zoning Officer certifies that, by reason of facts, a stay would in his opinion cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or a court of record on application, on notice to the Zoning Officer and on due cause shown.
§ 122-53 Compliance with procedure; notice of hearing.
A.
The Board of Appeals shall act in strict accordance with the procedure specified by this chapter. All appeals and applications made to the Board shall be in writing, on forms prescribed by the Board and available from the Zoning Officer. Every appeal or application shall refer to the specific provision of these regulations involved and shall exactly set forth the interpretation that is claimed, the use for which the special permit or variance is sought or the details of the variance that is applied for and the grounds, as the case may be.
B.
Notice of Board of Appeals hearing.
(1)
The Board shall fix a reasonable time for the hearing of appeals and shall give due notice of the time set for the hearing to the applicant. Appeals shall be decided within 62 days of the final hearing. Notice shall be by the publication of a notice in the official newspaper of the municipality and shall briefly describe the nature of the appeal and the time and place of the hearing.
(2)
Public hearing. Notice shall be given at least 10 days in advance of public hearing. The owner of the property for which special permit or variance is sought or his agent shall be notified by mail. Notice of such hearing shall be posted on the property for which special permit or variance is sought, at the Municipal Hall and in one other public place at least 10 days prior to the public hearing. Any party may appear in person or by agent or attorney.
§ 122-54 Variances.
A.
Use variances.
[Amended 6-9-1998 by L.L. No. 1-1998]
(1)
The Board of Appeals, on appeal from the decision or determination of the administrative officer charged with the enforcement of such local law, shall have the power to grant use variances, as defined herein.
(2)
No such use variance shall be granted by a Board of Appeals without showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to provide such unnecessary hardship the applicant shall demonstrate to the Board of Appeals that, for each and every permitted use under the zoning regulations for the particular district where the property is located:
(a)
The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence.
(b)
The alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood.
(c)
The requested use variance, if granted, will not alter the essential character of the neighborhood.
(d)
The alleged hardship has not been self-created.
(3)
The 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 proved 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.
B.
Area variances.
[Amended 6-9-1998 by L.L. No. 1-1998]
(1)
The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of the administrative official charged with the enforcement of such local law, to grant area variances as defined herein.
(2)
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 Board shall also consider:
(a)
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.
(b)
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance.
(c)
Whether the requested area variance is substantial.
(d)
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.
(e)
Whether the alleged difficulty was self-created; which consideration shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of the area variance.
(3)
The 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.
C.
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. Such conditions shall be consistent with the spirit and intent of the local Zoning Law, and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
[Amended 6-9-1998 by L.L. No. 1-1998]
D.
No nonconforming use of neighboring lands, structures or buildings in the same district and no permitted or nonconforming use of lands, structures or buildings in other districts shall be considered grounds for issuance of a variance.
§ 122-55 Expiration of variance.
Any variance authorized by the Board which is not exercised within one year from the date of issuance shall expire automatically without a further hearing by the Board.
§ 122-56 Special permits.
[Amended 6-9-1992 by L.L. No. 1-1992]
A.
The Planning Board may grant approval by special permit for such uses as are specifically allowed by special permit in the several districts herein. A special permit shall be granted only in accordance with the procedures and the criteria enumerated in Chapter 96 of the Code of the Village of Hammondsport.
B.
Public hearings.
(1)
Public hearings shall be as provided for in Chapter 96, § 96-16 of the Code of the Village of Hammondsport.
(2)
Decisions. The Planning Board shall file its written findings and decision with the Village Clerk within 60 days after the termination of the public hearing.
C.
Expiration of special permit. A special permit shall be deemed to authorize only one particular special use and shall expire if the special use shall cease for more than six months for any reason.
D.
Existing violations. No special use permit shall be issued for a property where there is an existing violation of these regulations.
§ 122-57 Referrals to County Planning Board.
As provided in Article 7, § 239-m, of the General Municipal Law, before final action on amendments, special permits or variances, referrals shall be made to the Steuben County Planning Board as follows:
A.
Any action which would affect the regulations applying to the property within 500 feet from the boundary of the Village of Hammondsport, from the boundary of any existing or proposed county or state park or other recreation area, or of the right-of-way of any existing or proposed county or state parkway, throughway, road or highway, or of the existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines, or of the existing or proposed boundary of any county- or state-owned land on which a public building or institution is located.
B.
Within 30 days after receipt of a full statement of such referred matter, the County Planning Board shall report its recommendations thereon to the municipal agency, accompanied by a full statement of the reasons for such recommendations. If the County Planning Board fails to report within 30 days or such longer period as may have been agreed upon, the municipal body having jurisdiction may act without such report.
C.
If the County Planning Board disapproves the proposal or recommends modification thereof, the municipal agency having jurisdiction shall not act contrary to such disapproval or recommendation except by a vote of a majority plus one of all members thereof and after the adoption of a resolution fully setting forth the reasons for such contrary action.
D.
Within seven days after final action, the municipal agency having jurisdiction over the recommendations, modifications or disapproval of a referred matter shall file a report of the final action it has taken with the agency which made the recommendation, modification or disapproval.
§ 122-58 Appeal of decision.
Any person or persons jointly or severally aggrieved by any decision of the Board of Appeals may apply to the Supreme Court for relief by a proceeding under Article 78 of the Civil Practice Law and Rules of the State of New York. Such proceeding shall be governed by the provisions of Article 78 of the Civil Practice Law and Rules, except that it must be instituted as therein provided within 30 days after the filing of a decision in the office of the Village Clerk, that the Court may take evidence or appoint a referee to take such evidence as it may direct and report the same with its findings of fact and conclusions of law if it shall appear that testimony is necessary for the proper disposition of the matter, and that the Court at a special term shall itself dispose of the cause on the merits, determining all questions which may be presented for determination under the provisions of § 1296 of said Article. Costs shall not be allowed against the Board of Apepals unless it shall appear to the Court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from.