Holley Village City Zoning Code
ARTICLE IX
Zoning Board of Appeals
§ 265-62 Organization and procedure.
A.
Establishment. Pursuant to the provisions of the Village Law, a Zoning Board of Appeals is hereby established in the Village of Holley.
B.
Appointment. The Board shall consist of five members to be appointed by the Village Board of Trustees. The terms of the office of each member shall be for five years and shall terminate on March 31 of each year, excepting that the terms of the original appointees shall be staggered so that a different original appointee's term shall expire on March 31 in each of the years 1971 to 1975.
[Amended 10-12-2004 by L.L. No. 3-2004]
C.
Appointment to fill vacancies. Appointments to fill vacancies shall be for the unexpired term of the member or members whose term or terms become vacant. Such appointments to fill such vacancies shall be made in the same manner as the original appointment.
D.
General grant of power. The Board shall perform all the duties and have all the powers prescribed by the laws of the State of New York and as herein described.
E.
Votes necessary for a decision. The concurring vote of not less than a majority of the members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Code Enforcement Officer or to decide in favor of the appellant any matter upon which it is required to pass under the terms of this chapter or to effect any variation of this chapter.
[Amended 10-12-2004 by L.L. No. 3-2004]
§ 265-63 Powers and duties.
The Board shall hear and decide appeals pursuant to the provisions of the laws of the State of New York and shall have the following powers:
A.
To hear and decide appeals. The Board shall hear and decide appeals from and review any order, requirement, decision or determination made by the Code Enforcement Officer administering this chapter. It shall also hear and decide all matters referred to it or upon which it is required to pass under the provisions of this chapter.
B.
Variances.
(1)
The Board may vary or adapt the strict application of any of the requirements of this chapter in the case of exceptionally irregular, narrow, shallow or steep lots, or other exceptional physical conditions, whereby such strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved, but in no other case. No variance in the strict application of any provision of this chapter shall be granted by the Board unless it finds that:
(a)
There are special circumstances or conditions, fully described in the findings of the Board, applying to such land or buildings and not applying generally to land or buildings in the neighborhood, and that said circumstances or conditions are such that strict application of the provisions of this chapter would deprive the applicant of the reasonable use of such land or buildings.
(b)
For reasons fully set forth in the findings of the Board, the granting of the variance is necessary for the reasonable use of the land or building and that the variance as granted by the Board is the minimum variance that will accomplish this purpose.
(c)
The granting of the variance will be in harmony with the general purpose and intent of this chapter, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(2)
In granting any variance, the Board shall prescribe any conditions that it deems to be necessary or desirable.
C.
Interpretation. The Board shall, upon appeal from a decision by an administrative official, 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.
D.
Special uses. The Board may issue a special use permit for any of the uses for which this chapter required the obtaining of such permits from the Board. Such special use permit will only be issued after notice, hearing and findings by the Board. Any special use permit issued for by the Board for a special use as enumerated in the C-2 Commercial District shall be issued for not more than a three-year period and upon such terms and conditions as determined by the Board.
[Amended 12-7-1995 by L.L. No. 4-1995; 10-12-2004 by L.L. No. 3-2004]
(1)
Conditions attached to the issuance of special use permits. The Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed special use permit. Upon its granting of said special use permit, any such conditions must be met in connection with the issuance of permits by applicable enforcement agents or officers of the Village.
(2)
Public hearing and decision on special use permits. The Board shall conduct a public hearing within 62 days from the day an application is received on any matter referred to it under this section. Public notice of said hearing shall be printed in a newspaper of general circulation in the Village at least five days prior to the date thereof. The Board shall decide upon the application within 62 days after the hearing. The time within which the Board must render its decision may be extended by mutual consent of the applicant and the Board. The decision of the Board on the application after the holding of the public hearing shall be filed in the office of the Village Clerk within five business days after such decision is rendered, and a copy thereof mailed to the applicant.
E.
Referral to Planning Board. The Board shall refer to the Planning Board such matters as required by this chapter and any other pertinent matters for review and recommendations, and defer any decision thereon for a period of not more than 30 days pending a report from the Planning Board. Upon failure to submit such report, the Planning Board shall be deemed to have approved the application for appeal.
F.
Referral to other planning agencies. Special use permits and variances shall be referred to the county, metropolitan or regional planning agency as required in General Municipal Law § 239-m.
[Amended 10-12-2004 by L.L. No. 3-2004]
§ 265-64 Procedure.
A.
The Board shall act in strict accordance with the procedure specified by law and by this chapter. All appeals and applications made to the Board shall be in writing, on forms prescribed by the Board and in accordance with Article IV. Every appeal or application shall refer to the specific provision of the ordinance involved, and shall exactly set forth the interpretation that is claimed, the use for which the special permit is sought, or the details 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. At least 30 days before the date of the hearing required by law on an application or appeal to the Board, the secretary of said Board shall transmit to the Planning Board a copy of said application or appeal, together with a copy of the notice of the aforesaid and shall request that the Planning Board make a determination in accordance with § 265-63E.
B.
Every decision of the Board shall be by resolution, each of which shall contain a full record of the findings of the Board in the particular case.