Horse Heads City Zoning Code
ARTICLE XXII
Zoning Board of Appeals
§ 245-132 Organization.
[Amended 5-29-2003 by L.L. No. 2-2003]
A.
Establishment. Pursuant to Village Law § 7-712, a Zoning Board of Appeals is hereby reorganized in the Village of Horseheads. Said Board shall consist of five members, and may consist of not more than two alternate members.
B.
Appointment.
(1)
The Mayor shall appoint the Board of Appeals, the Chairperson thereof, and the alternate members, subject to the approval of the Board of Trustees. The terms of the appointees shall be for five years from the date of appointment, unless the appointee is filling a vacancy in office. The terms of office of the alternate members shall be two years. In the absence of a Chairperson, the Board of Appeals may designate a member to serve as Acting Chairperson.
(2)
At the expiration of each of a member's appointment, the replacement member shall be appointed for a term of five years, except in the case of an alternate member, then the term shall be two years.
(3)
Members holding office shall, upon the expiration of their term, hold office until their successors shall then be appointed for terms of five years.
(4)
No member of the Board of Trustees shall be eligible for membership on the Board of Appeals.
(5)
The terms of the alternate members of the Board of Appeals first appointed shall be so fixed that the term of one member shall expire at the end of the Village official year in which such members were initially appointed. The term of the remaining alternate member first appointed shall be so fixed that such term shall expire at the end of the next official year. At the expiration of the term of each member first appointed, his or her successor shall be appointed for a term of two years.
C.
Appropriations. The Board of Trustees may appropriate such monies as it deems fit for Zoning Board of Appeals' expenses. The Zoning Board of Appeals shall have the power and authority to employ experts, and to pay for their services, and to provide for such other expenses as may be necessary and proper for the conduct of its business, not exceeding all of the appropriations made by the Board of Trustees.
D.
Chairperson duties. All meetings of the Zoning Board of Appeals shall be held at the call of the Chairperson and at such other times as such Board may determine. In the absence of the Chairperson, the members of the Board may designate an Acting Chairperson. The Chairperson or Acting Chairperson may administer oaths and compel the attendance of witnesses.
E.
Prohibition. No member or alternate may act in any matter in which the member or alternate has any personal or financial interest, either directly or indirectly.
F.
Vacancy in office. If a vacancy shall occur otherwise than by expiration of term, the Mayor shall appoint the new member for the unexpired term.
G.
Removal of members. The Mayor shall have the power to remove, after public hearing, any member or alternate of the Zoning Board of Appeals for cause. Any member or alternate may be removed for noncompliance with attendance and training requirements.
H.
Alternate members.
(1)
The Board of Trustees hereby establishes two alternate Zoning Board of Appeals member positions for purposes of substituting for a member in the event such member is absent or unable to participate because of a conflict of interest. The Chairperson may designate an alternate member to substitute for a member when such member is unable to participate because of absence or conflict of interest on an application or matter before the Board. When so designated, the alternate member shall possess all the powers and responsibilities of such member of the Board. Such designation shall be entered into the minutes of the initial Zoning Board of Appeals meeting at which the substitution is made. An alternate member so designated to sit shall continue to serve on the Board in all proceedings involving the matter or case for which he or she was initially appointed until the Board has made a final deliberation on that matter or case. All provisions relating to Zoning Board of Appeals member training, education, attendance, conflict of interests, and other requirements shall apply to the alternate members.
(2)
When not designated by the Chairperson to sit, the alternate member may not vote and shall not be compensated, but may participate in any proceeding or discussion of the Board. When designated to sit as noted above, the alternate member shall receive the same compensation for each meeting in which he or she participates as the compensation fixed under this section.
I.
Powers and duties. The Zoning Board of Appeals shall perform all of the duties and have all of the powers prescribed by Village Law § 7-712-b, as amended from time to time, and as herein described. These powers shall include but not be limited to the power to hear and decide appeals, to grant use and area variances, to interpret the provisions of this chapter.
J.
Referral to Planning Board. The Zoning Board of Appeals shall refer to the Planning Board such matters as are required by this chapter and any other pertinent matters for review and recommendation, and it shall defer any decision thereon for a period of not more than 30 days pending a report from the Planning Board. Upon failure of the Planning Board to submit such report, the Planning Board shall be deemed to have recommended approval of the application or appeal.
K.
Secretary. The Confidential Secretary of the Village Manager shall also be the Secretary of the Zoning Board of Appeals, or in lieu thereof, such Secretary shall be the Clerk-Treasurer or Deputy Clerk.
L.
Rules. The Zoning Board of Appeals is authorized to adopt rules for its conduct which are not inconsistent with applicable statutes, local laws, rules of procedure, ordinances and resolutions of the Village.
M.
Training. The Board of Trustees reserves the right, by resolution, to require Board of Appeals members to complete training and continuing education courses. Further, the Board of Trustees may establish, by resolution, minimum meeting attendance standards for Zoning Board of Appeals members.
§ 245-133 Procedure.
A.
The Zoning Board of Appeals shall act in strict accordance with the procedure specified by law, in particular Village Law §§ 7-712-a and 7-712-b, as amended from time to time, and as specified by this chapter.
B.
Each decision of the Zoning Board of Appeals shall be by resolution, each of which shall contain a full record of the findings of the Zoning Board of Appeals in the particular case.
C.
Procedure for appellant. An appeal by an aggrieved person from a determination of the Code Enforcement Officer may be taken to the Zoning Board of Appeals. In addition, appeals may be taken to the Zoning Board of Appeals by any officer, department, board, commission, or bureau of the Village when within the Board's jurisdiction. Appeals to the Zoning Board of Appeals may also be made by any person seeking a variance as provided herein.
[Amended 2-9-2017 by L.L. No. 1-2017]
(1)
All appeals and applications made to the Zoning Board of Appeals shall be in writing, on forms prescribed by the Zoning Board of Appeals, if any, and shall be filed with the Village Clerk or, if none, with the Code Enforcement Officer or, in the absence of both such persons, with the Confidential Secretary to the Village Manager, who shall forthwith transmit to the Zoning Board of Appeals all papers constituting the record upon which the action appealed from was taken, together with the appeal or application.
(2)
Every appeal or application for relief shall set forth the interpretation that is claimed or the details of the variance applied for and the grounds for which it is claimed that the variance should be granted, as the case may be.
(3)
In requesting consideration of a variance, the appellant shall provide a survey or dimensioned drawing showing the site layout as it now is and as proposed and, if requested, a sketch drawing of the main elevation of the existing and proposed structure, indicating proposed building materials and landscaping treatment. Any significant change in the plan and elevation drawing originally submitted must be reapproved by the Zoning Board of Appeals.
(a)
The survey or dimensioned drawing shall show or provide the following:
[1]
Title of drawing, address of site.
[2]
North arrow, scale and date.
[3]
Boundaries of property, plotted to not more than 100 feet per inch.
[4]
Location and size of existing and proposed buildings and improvements.
[5]
Existing natural features, and features to be retained will be indicated.
[6]
Grading plan showing existing and proposed contours may be requested.
[7]
Location of proposed buffer areas including existing vegetative cover, may be requested.
[8]
General landscaping plan and planting schedule may be requested
[9]
Location, size, design and construction of all proposed signs and lighted facilities.
[10]
Location of any outdoor storage, i.e., sheds.
[11]
Designation of amount of building area proposed for retail sales or similar commercial activity, if applicable.
(b)
The Zoning Board of Appeals may require such other drawings/information as is necessary for the ZBA to properly consider the appeal or application. The ZBA may waive one or more items otherwise normally required to be shown or provided if it determines that the circumstances do not require the item for adequate consideration of the appeal or application.
(4)
All applications shall contain the following:
(a)
The name and home address of the applicant (appellant).
(b)
The name and address of the owner of the lot to be affected by such proposed change, appeal or special use.
(c)
A brief description and the location of the lot to be affected by the proposal.
(d)
The name and present zoning classification of the district wherein the lot is located.
(e)
Existing improvements to the property.
(f)
The present use of the property.
(5)
Cost of advertising. Any person, firm or corporation filing an appeal shall, at the time of filing said appeal, execute a guaranty to assume all the costs of advertising. The applicant shall pay all costs, charges and expenses of advertising and readvertising in the event of adjournments or otherwise.
(6)
Notice to property owners. If a variance is requested, the appellant shall send notice of the same to all property owners within 200 feet of the boundaries of the lot or lots under consideration. Such notice shall be by mail and shall state the time and day of the public hearing, the relief sought, the type of use contemplated, the appellant's name and the location of the property in question. Such notices shall be mailed so as to arrive at least five days prior to the public hearing date. An affidavit of mailing shall be submitted as proof in each case.
D.
Procedure for Code Enforcement Officer.
(1)
The notice of appeal in any case where a permit has been granted or denied by the Code Enforcement Officer shall be filed within 60 days after notice of such action granting or denying the permit has been mailed or delivered personally to the applicant or as otherwise provided by Village Law. The Code Enforcement Officer, upon being notified of the appeal, shall forthwith transmit to the Zoning Board of Appeals all papers constituting the record upon which the action appealed from was taken or, in lieu thereof, certified copies of said papers.
(2)
It shall be competent for the Code Enforcement Officer to recommend to the Zoning Board of Appeals a modification or reversal of his or her action in cases where he or she believes substantial justice requires the same but where he or she has not himself or herself sufficient authority to grant the relief sought.
E.
Additional requirements. The procedural requirements set forth herein shall be additional to the requirements of GML §§ 239-e and 239-m relating to review by a County Planning Board; the requirements of the State Environmental Review Act under Environmental Conservation Law Article 8 and its implementing regulations in 6 NYCRR Part 617 and any other general laws relating to land use and any amendments thereto.
§ 245-135 Public hearings; notice.
Public hearings shall be held on all matters which come before the Zoning Board of Appeals. Notice of public hearings shall be given by publication once in the official or designated newspaper of the Village of Horseheads, which notice shall state the nature of the appeal or of the variance applied for, the appellant's name and the location of the property and the date, place and time of said hearing. Such notice shall be not less than five days before the date of the public hearing. Notice of adjourned or rescheduled public hearings on any matter before the Zoning Board of Appeals shall be given by publication in the official or designated newspaper of the Village of Horseheads in the same manner as the original hearing was advertised, and property owners within 200 feet from the boundaries of the lot or lots under consideration shall be notified again in the same manner as they received notice of the original hearing. At the hearing, any party may appear in person or by agent or be represented by an attorney. Costs of all advertising and mailings shall be reimbursed to the Village Clerk by the appellant.
A.
Notice of appeals. In case of an appeal alleging error or misinterpretation in any order or other action by the Code Enforcement Officer, the following persons shall be notified: the appellant and the person or persons, if any, who benefit from the order, requirement, regulation or determination, and the Code Enforcement Officer.
B.
Notice when appealing a determination of the Code Enforcement Officer. In case of any appeal from the determination of the Code Enforcement Officer as provided for in this chapter, the following persons shall be notified: all owners of property within 200 feet of the boundaries of the lot or lots of the property which is the subject of the appeal and such other property owners as the Chairperson of the Zoning Board of Appeals may direct.
§ 245-136 Required interval for hearings after denial.
Whenever the Zoning Board of Appeals, after hearing all the evidence presented upon an application or appeal under the provisions of this chapter, denies the same, the Zoning Board of Appeals shall refuse to hold further hearings on said or a substantially similar application or appeal by the same applicant or his or her successor or assignee for a period of one year, except and unless the Zoning Board of Appeals shall find and determine from the information supplied by the request for a rehearing that changed conditions have occurred relating to the promotion of the public health, safety, convenience, comfort, prosperity and general welfare and that a reconsideration is justified. Such rehearing would be allowable only upon a motion initiated by a member of the Zoning Board of Appeals and adopted by the unanimous vote of the members present, but not less than a majority of all members.