Mendon City Zoning Code
ARTICLE XIV
Zoning Board of Appeals and Planning Board
§ 260-90 Creation, appointment and organization of Zoning Board of Appeals.
A.
A Zoning Board of Appeals has been created pursuant to the provisions of § 267 of the Town Law. Said Board consists of five members appointed by the Town Board, which also designates a Chairperson. No person who is a member of the Town Board shall be eligible for membership on such Zoning Board of Appeals.
[Amended 10-15-2018 by L.L. No. 3-2018]
B.
The Zoning Board of Appeals shall establish such rules and regulations as are required by state and local laws for the transaction of its business and may amend, modify and repeal the same from time to time.
C.
Whenever the Zoning Board of Appeals, after hearing all the evidence presented upon an application or an appeal under the provisions of this chapter, denies or rejects the same, said Board shall refuse to hold further hearings on the same or a substantially similar application or appeal by the same applicant, or successors or assigns, for a period of one year, except and unless the Board shall find and determine from the information supplied in the request for a rehearing that changed conditions have occurred relating to the promotion of public health, safety, convenience, comfort, prosperity and general welfare and that a reconsideration is justified. Such rehearing may be granted only upon the unanimous vote of the Board members present.
§ 260-91 Powers and duties of Zoning Board of Appeals.
The Zoning Board of Appeals shall have all the powers and duties prescribed by Chapter 62, § 267, of the Town Law and by this chapter, which are more particularly specified as follows:
A.
Administrative review.
(1)
The Zoning Board of Appeals shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative officer or body in the enforcement of this chapter.
(2)
The Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made and, to that end, shall have all the powers of the officer or body from whom the appeal is taken.
(3)
The Zoning Board of Appeals shall hear and decide on interpretive matters where the provisions of this chapter, including the determination of exact district boundaries, are not clear.
B.
Variances.
(1)
The Zoning Board of Appeals is empowered to authorize, upon appeal in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest where, owing to conditions peculiar to the property, a literal enforcement of the provisions herein would result in unnecessary hardship or practical difficulties.
(2)
As used herein, a variance may be authorized for height, area, size of structure, size of yards and open spaces or establishment or expansion of a use otherwise prohibited.
(3)
A variance shall not be granted solely because of the presence of nonconformities in the zoning district or uses in other zoning districts.
(4)
In granting any variance, the Zoning Board of Appeals shall prescribe any conditions that it deems to be necessary or desirable.
(5)
Variances granted shall be the minimum which would accomplish the purpose of providing for reasonable use of land or buildings.
(6)
Variances granted shall be in harmony with the general purpose and intent of this chapter and shall not be injurious to the neighborhood or otherwise detrimental to the public welfare.
§ 260-92 Variance and appeals procedure.
A.
All appeals and all applications for variances shall be made to the Zoning Board of Appeals Secretary, on forms provided by the Secretary, and shall be accompanied by plans and supporting documents to sufficiently describe the proposal. The Zoning Board of Appeals may request additional information it deems necessary in order to act on the appeal or application.
B.
The applicant may arrange an informal discussion with the Zoning Board of Appeals to determine any and all of the data to be included in the application.
C.
An appeal, specifying the grounds for the appeal, shall also be filed with the officer or body from which the appeal is taken. All appeals shall be made to the Zoning Board of Appeals within 60 days of the date on which the order, requirement, decision or determination appealed from was rendered.
D.
An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Zoning Board of Appeals, after the notice of appeal shall have been filed with him, that, by reason of facts stated in the certificate, 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 a court of record, on application, on notice to the officer from whom the appeal is taken and on due cause shown.
E.
The Zoning Board of Appeals Secretary, after determining that an appeal or application is in proper form, shall transmit copies of the appeal or application and all supporting documents to the Zoning Board of Appeals for action thereon.
F.
[1]A copy of the complete variance appeal or application and supporting documents shall also be transmitted to the Monroe County Department of Planning and Development for review when required under Article 12-B, §§ 239-l and 239-m, of the General Municipal Law and to neighboring municipalities when required under General Municipal Law § 239-nn.
[Amended 10-15-2018 by L.L. No. 3-2018]
G.
Notifications.
(1)
The Zoning Board of Appeals shall fix a reasonable time and place for the hearing of the appeal or application and shall give due notice to the applicant of the time set for the hearing.
(2)
Public notice shall be by the publication of a notice at least five days prior to the hearing date in the official newspaper of the Town and shall briefly describe the nature of the appeal and the time and place of the hearing.
(3)
The applicant shall be required to erect a sign giving notice of such public hearing, which sign shall be prominently displayed on the premises, facing a public street or road on which the property abuts. The sign shall be furnished to the applicant for this purpose by the Town. Said sign shall be displayed for a period of not less than 10 days, immediately preceding the public hearing or any adjournment date thereof. The applicant shall file an affidavit with the Town, at or prior to the public hearing, stating that he has complied with the provisions of this section.
H.
In its review, the Zoning Board of Appeals may consult with any other Town, county and state officials or boards.
I.
The Board shall approve, with or without conditions, or disapprove the application within the time limit specified in § 267 of the Town Law and shall communicate its action, in writing, to the applicant, the Town Clerk, the CEO and other appropriate boards within five business days of the time of the meeting at which it decided the application.
J.
The CEO shall, upon receipt of a notice of approval and upon application by the applicant, issue the appropriate permit or such other approval permitting the variance, subject to all conditions imposed by such approval.
§ 260-93 Zoning Board of Appeals office; minutes and records.
The office of the Town Clerk shall be the office of the Zoning Board of Appeals. Every rule, regulation, amendment or repeal thereof and every order, requirement, decision or determination of the Board shall be filed in said office as required by § 267 of the Town Law of the State of New York. The Zoning Board of Appeals shall keep minutes of its proceedings, showing the vote of each member, indicating such fact, and shall keep records of its environmental reviews and determinations, its examinations and other official actions.
§ 260-94 Lapse of authorization.
Any variance or modification of this chapter authorized by the Zoning Board of Appeals shall be automatically revoked unless a site development permit or building permit, conforming to all the conditions and requirements established by the Zoning Board of Appeals, is obtained within six months of the date of approval by the Zoning Board of Appeals and construction commenced within one year of such date of approval. Variances not requiring permits must be executed within nine months of approval.
§ 260-95 Violation of conditions or restrictions.
Failure to comply with any condition or restriction prescribed by the Zoning Board of Appeals in approving any appeal for a variance or a modification of regulations shall constitute a violation. Such violation may constitute the basis for revocation of a variance or modification or for imposing penalties and other applicable remedies.
§ 260-96 Creation, appointment and organization of Planning Board.
A.
A Planning Board has been created pursuant to the provisions of § 271 of the Town Law. Said Board consists of five members appointed by the Town Board, which also designates a Chairperson. No person who is a member of the Town Board shall be eligible for membership on such Planning Board.
[Amended 10-15-2018 by L.L. No. 3-2018]
B.
The Planning Board shall establish such rules and regulations as are required by law and the provisions herein for the transaction of its business and may amend, modify and repeal the same from time to time.
§ 260-97 Powers and duties of Planning Board.
The Planning Board shall have the following powers and duties:
A.
Said Board is hereby vested with the powers and duties and made subject to the limitations set forth in the Town Law, as the same may be amended, modified or changed from time to time, or any sections subsequently adopted pertaining to the Planning Board.
B.
To maintain, and from time to time update, the Comprehensive Plan for the development of the Town as provided under the Town Law.
C.
To review development proposals; to approve or disapprove the laying out, closing off, abandonment or changes in lines of streets, highways and public areas; and to make recommendations to the Town Board.
D.
To make investigations and reports relating to the planning and development of the Town, including changes in boundaries of districts, recommended changes in the provisions of this chapter and to act on any matter lawfully referred to it by the Town Board.
E.
To review, act on or provide advisory reports or applications as specified by this chapter.
F.
To review and approve, approve with modifications or disapprove special use permits as specified in this chapter.
G.
To review and approve, approve with modifications or disapprove site plans, prepared to specifications set forth in this chapter, showing the arrangement, layout and design of proposed uses, buildings and/or structures shown on such plan.
§ 260-98 Planning Board office; minutes and records.
The office of the Town Clerk shall be the office of the Planning Board. Every rule, regulation, amendment or repeal thereof and every order, requirement, decision or determination of the Board shall be filed in said office as required by the Town Law of the State of New York. The Planning Board shall keep minutes of its proceedings, showing the vote indicating such fact, and shall keep records of its environmental reviews and determinations, its examinations and other official actions.