Homer Village City Zoning Code
ARTICLE IX
Board of Appeals
§ 228-50 General provisions.
The Village Board shall appoint a Board of Appeals pursuant to § 7-712 of the Village Law.
Said Board shall consist of five members, to serve overlapping five-year terms. Each Board member must attend four hours of approved training annually. A member is not eligible for reappointment without the approved training.
The Chair of the Board shall be one of the five members and shall be designated as such by the Village Board.
Vacancies shall be filled in like manner; provided, however, that an unexpired term shall be filled for such unexpired term only.
The Board of Appeals shall elect a Vice Chair from its membership, shall appoint a Secretary and shall establish rules for the conduct of its officers.
The Board of Appeals shall have the duties, rights, powers and functions conferred upon it by § 7-712 of the State Village Law.
The attendance of members of the Zoning Board of Appeals is essential to the efficient operation of this vital Board, and failure of members to regularly attend the meetings can significantly affect both the purpose and the function of the Board. Therefore, the Mayor may remove a member of the Zoning Board of Appeals following the presentation of charges in writing and a hearing before the Board of Trustees, for the following reasons:
Absence from three consecutive regular or special meetings of the Board other than for illness or valid personal reasons substantiated by documentary evidence.
Absence from five regular or special meetings of the Board within any twelve-month period other than for illness or valid personal reasons substantiated by documentary evidence.
Such other reasons as are otherwise provided by the Village Code or laws of New York State.
§ 228-51 Procedures.
The Board of Appeals shall act in strict accordance with the procedure specified by law. All appeals and applications made to the Board shall be in writing within 62 days, on forms prescribed by the Board. Every appeal or application shall refer to the specific provisions of the law involved and shall exactly set forth the interpretation that is claimed, 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.
Every decision of the 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 within 62 days by case number under one of the following headings: interpretations, special permit, or variance.
Prior to making a final decision on a specific permit, variance or special extension, the Board of Appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it and give public notice thereof by the publication in the official paper of a notice of such hearing at least 10 days prior to the date thereof and shall, at least 10 days before such hearing, mail notices thereof to the parties and shall decide the same within 62 days after the final hearing.
The Board of Appeals shall notify the Village Board Code Enforcement Officer and Planning Board of each interpretation and each variance granted under the provisions of this chapter.
§ 228-52 Powers and duties.
The Board of Appeals shall exercise all the powers and duties in a manner now and hereafter prescribed by law, including the following:
Interpretation. On appeal from a determination of the Code Enforcement Officer, the Board may hear and decide questions where it is alleged there is an error in any order, requirement, decision or determination made by the Code Enforcement Officer involving the interpretation of any provision of this chapter.
Variance. On appeal from a determination of the Code Enforcement Officer, the Board may grant a variance where the property owner can show that his or her property was acquired in good faith. The Board of Appeals shall prescribe appropriate conditions and safeguards to carry out the requirements of this subsection and shall not grant a variance unless it shall have made a finding of fact based upon the evidence as presented to it in each specific case that:
Because of exceptional narrowness, shallowness or shape of the specific parcel which was created before these regulations were adopted or because of extraordinary physical conditions or location of the specific parcel, the strict application of the provisions of this chapter actually prohibit or unreasonably restrict the use of the land or building for which such variance is sought, that the granting of the variance is necessary for the reasonable use of such property and that the variance granted by the Board is the minimum variance that will provide for the reasonable use of the property.
The granting of the variance will alleviate a clearly demonstrated hardship which is peculiar to such land or building and does not apply generally to land or buildings in the vicinity or neighborhood and has not resulted from any act of the applicant subsequent to adoption of this chapter.
In any case, the granting of the variance will be in harmony with the intent and purpose of this chapter, will not constitute, in effect, and amendment of any district regulations or boundaries and will not be injurious to the neighborhood.
Location and size of use; heights.
The use shall be in such location and of such size and character that it will be in harmony with the appropriate and orderly development of the district in which it is situated and will not be detrimental to the orderly development of adjacent districts or properties.
The location and size of the use, the nature and intensity of the operation involved in or conducted in connection therewith, its site layout and its relation to streets giving access to it shall be such that traffic to and from the use and the assembly of persons in connection with it will not be hazardous or inconvenient to the neighborhood or conflict with the normal traffic of the neighborhood. In applying this standard, the Board shall consider, among other things, convenient routes of pedestrian traffic, particularly of children; relation to main traffic, thoroughfares and to street and road intersections; and the general character and intensity of development of the neighborhood.
The location and height of buildings, the location, nature and height of walls and fences and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the proper development and use of adjacent land and buildings or impair the value thereof.
The Board of Appeals shall transmit to the Planning Board all site plans and specifications in order that the Planning Board may recommend its approval or disapproval prior to public hearing.
Enforcement Officer for a zoning permit or certificate of occupancy, the Board of Appeals may grant a special extension for the expansion or extension of a nonconforming use. Such applications for special extension shall follow the procedures for a special permit.
Area variance or special extension. In cases where relief is sought by variance or the granting of a special extension of area regulations, the Zoning Board of Appeals may grant such variance or special extension where only practical difficulties in conforming to the law are demonstrated. Hardship, as defined herein [Subsection B(2)], need not be proven.
Sign permit. No permit for the erection or maintenance of a sign shall be granted by the Zoning Board of Appeals unless it finds that:
The presence of the proposed sign would not degrade the visual quality of the neighborhood;
The location of the proposed sign would not create a hazard of any nature to the public in general or to any adjacent owner or occupant; and
The proposed sign would not in any way interfere with the lawful use and enjoyment of a right-of-way or adjacent property.