Monroe City Zoning Code
ARTICLE XVI
Zoning Board of Appeals 1
§ 200-75 Powers and duties.
[Amended 10-18-2011 by L.L. No. 4-2011]
The Board of Appeals shall have all the powers and duties prescribed by statute and by this chapter, which are more particularly specified as follows, provided that none of the following provisions shall be deemed to limit any power of the Board of Appeals that is conferred by law.
A.
Appeals. The Zoning Board of Appeals shall hear and decide appeals from and review any order, requirement, decision or determination of the Building Inspector or such other official charged with the enforcement of this chapter. The Board of Appeals shall not hear any appeal from nor review any order, determination, requirement, decision or revocation of the Building Inspector where such order, determination, requirement, decision or revocation has been directed by the Village Board. In addition, the Board of Appeals may not waive the requirement for site development plan application as required in any part of this chapter.
B.
Interpretation. On appeal from an order, requirement, decision or determination made by an administrative official or on request by an official, board or agency of the Village, the Zoning Board of Appeals shall decide any of the following questions:
(1)
Determination of the meaning of any portion of the text of this chapter or of any condition or requirement specified or made under the provisions of this chapter.
C.
Variances. On appeal from an order, requirement, decision or determination made by the Building Inspector, or on referral of an applicant to the Board of Appeals by an approving agency acting pursuant to this chapter, the Board of Appeals is authorized to grant variances as follows:
[Amended 6-13-2017 by L.L. No. 5-2017]
(1)
Area variances.
(a)
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 this chapter, to grant area variances. "Area variances" shall mean the authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.
(b)
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:
[1]
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;
[2]
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
[3]
Whether the requested area variance is substantial;
[4]
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
[5]
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.
(c)
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.
(2)
Use variances.
(a)
The Board of Appeals, on appeal from the decision or determination of the administrative officer charged with the enforcement of this chapter, shall have the power to grant use variances. "Use variance" shall mean the authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.
(b)
No such use variance shall be granted by a Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove 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:
[1]
The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;
[2]
That the alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood;
[3]
That the requested use variance, if granted, will not alter the essential character of the neighborhood; and
[4]
That the alleged hardship has not been self-created.
(c)
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.
D.
The Board of Appeals shall, in 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, and/or the period of time such variance shall be in effect. Such conditions shall be consistent with the spirit and intent of this chapter and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
E.
Variances granted by the Zoning Board of Appeals relative to nonconforming uses shall be considered a conditional use subject to final authorization and site plan approval by the Planning Board.
F.
The Board of Appeals, after a public hearing, shall have the power to direct the Building Inspector to issue a building permit, certificate of occupancy or certificate of use, as the case may be, subject to other applicable laws, codes, rules and regulations.
§ 200-76 Procedures.
[Amended 10-18-2011 by L.L. No. 4-2011]
A.
The Board of Appeals may adopt rules and regulations with respect to procedure before it and with respect to any subject matter over which it has jurisdiction, subject to approval of the Village Board. Such regulations shall include provisions for conduct of meetings, notification of parties, form of applications and filing of decisions.
B.
Public hearing. The Zoning Board of Appeals shall not decide upon any appeal for a variance or interpretation of this chapter without first holding a public hearing, notice of which hearing and of the substance of the appeal or application shall be given by publication in the official newspaper of the Village at least 10 days before the date of such hearing. In addition to such published notice, the applicant shall cause such notice to be mailed at least 10 days before the hearing to all owners of property which lie within 300 feet of any lot line of the property for which relief is sought. Such notice shall be sent by regular first class mail with a certificate of mailing and the Board may inspect such certificates to assure proper notification. The certificates of mailing shall be submitted to the clerk of the Zoning Board Appeals at least five days in advance of the hearing.
(1)
The names of said owners shall be taken as they appear on the last completed tax roll of the Village.
(2)
Provided that due notice shall have been published and that there shall have been substantial compliance with the remaining provisions of this section, the failure to give notice in exact conformance herewith shall not be deemed to invalidate action taken by the Zoning Board of Appeals in connection with the granting of any appeal or variance.
C.
Application and fee. All appeals and applications made to the Zoning Board of Appeals shall be in writing on the forms approved and shall be accompanied by a fee as determined in the Schedule of Fees, as may be adopted from time to time by resolution of the Village Board. The applicant shall pay all the necessary costs of advertising and holding a public hearing.
[Amended 6-13-2017 by L.L. No. 5-2017]
D.
Required notification of County Planning Department. Should any appeal affect land within a distance of 500 feet of the boundary of any other municipality; the boundary of any existing or proposed state or county park or other recreation area; the right-of-way of any state parkway, thruway, expressway or other controlled access highway or county road or parkway; the right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines; or the boundary of any county- or state-owned land on which a public building or institution is located, then a copy of such appeal, accompanied by the notice of the public hearing, shall be forwarded to the Orange County Planning Department by the Secretary of the Zoning Board of Appeals for review in accordance with the provisions of Article 12B, §§ 239-l and 239-m of the General Municipal Law of the State of New York at least 10 days prior to the public hearing. No action shall be taken by the Zoning Board of Appeals until the county's recommendations have been received or 30 days have elapsed after such referral has been made.
E.
State Environmental Quality Review Act. Actions of the Zoning Board of Appeals shall be subject to the procedures under the State Environmental Quality Review Act (SEQRA). The Board shall coordinate such SEQRA procedures and shall include a summary of all pertinent data in its findings, upon which a determination is made.
F.
Expiration and extension. Unless construction is commenced and diligently pursued within 18 months of the date of the granting of the application for a variance shall expire. The Zoning Board of Appeals may extend the variances granted for an additional twelve-month period for good cause shown. Any such application for an extension shall be upon the same notice as is otherwise required for a grant of a variance in the first instance but may be made upon letter of application to the Board setting for the reasons for the extension request.
G.
Form of decision. Every decision of the Zoning Board of Appeals shall be recorded in accordance with standard forms adopted by the Board. Every decision of said Board shall be by resolution, and each such resolution shall be filed in the office of the Village Clerk within five days of its adoption with a copy mailed to the applicant and a copy provided to the Building Inspector.