Moreau City Zoning Code
ARTICLE XII
Zoning Board of Appeals
§ 149-76 Intent.
Upon appeal from a decision by the Zoning Inspector, the Board of Appeals shall decide any question involving interpretation of any provision of this chapter, including determination of the exact location of any district boundary if there is uncertainty with respect thereto.
§ 149-77 Zoning Board of Appeals; members, alternate members and authority.
[Added 11-13-2001 by L.L. No. 5-2001[1]]
A.
In accordance with § 267 of the Town Law of the State of New York, the Board of Appeals shall consist of five members. The chairperson of the Board of Appeals shall be designated by the Town Board. In the absence of a chairperson, the Board of Appeals may designate a member to serve as acting chairperson. The Town Board may provide for compensation to be paid to experts, clerks and a secretary and provide for such other expenses as may be necessary and proper, not exceeding the appropriation made by the Town Board for such purpose. The Town Board may require members of the Board of Appeals to complete training and continuing education courses in order to fulfill their duties as members of the Board of Appeals.
B.
The terms of the membership of the Board of Appeals shall be as set forth in § 267 of the Town Law and any amendment thereto.
C.
The Town Board may appoint alternate members of the Board of Appeals for the purpose of substituting for members in the event such members are unable to participate due to absence or a conflict of interest. The term of the appointment of said alternate members shall be established through resolution of the Town Board. The Town Board may also require said alternate members to complete training and continuing education courses in order to fulfill their duties as members of the Board of Appeals.
D.
The Board of Appeals shall have such authority, powers and duties as specified in Article 16 of the Town Law and as may be amended, as well as the authority, powers and duties specified in the Moreau Town Code.
§ 149-78 Procedure for appellant.
A.
An appeal to the Board of Appeals from any ruling of any administrative officer administering any portion of this chapter may be taken by any person aggrieved or by an officer, board or bureau of the Town affected thereby. Such appeal shall be taken by filing with the officer from whose action the appeal is taken and with the Board of Appeals, by filing with the Secretary thereof, a notice of appeal specifying the grounds therefor.
B.
All applications and appeals made to the Board of Appeals shall be in writing on forms furnished by the Zoning Inspector. Every application or appeal shall refer to the specific provision of this chapter and shall exactly set forth the interpretation that is claimed, the plans for a special permit or the details of the variance that is applied for, in addition to the following information:
(1)
The name and address of the applicant/appellant.
(2)
The name and address of the owner of the lot to be affected by such proposed change or appeal.
(3)
A brief description and location of the lot to be affected by such proposed change or appeal.
(4)
A statement of the present zoning classification of the lot in question, the improvements thereon and the present use thereof.
(5)
A reasonably accurate description of the present improvement and the additions or changes intended to be made under this application indicating the size of such proposed improvements, material and general construction thereof.
(6)
In addition, a plot plan of the real property to be affected indicating the location and size of the lot and size of improvements thereon and proposed to be erected thereon and all yard dimensions and identification of adjacent property owners.
§ 149-79 Procedure for Zoning Inspector.
A.
The notice of appeal in any case where a permit has been granted or denied by the Zoning Inspector shall be filed within such time as shall be prescribed by the Board of Appeals under general rule after notice of such action granting or denying the permit has been mailed to the applicant. The Zoning Inspector shall forthwith transmit to the 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.
B.
It shall be permissible for the Zoning Inspector to recommend to the Board of Appeals a modification or reversal of his action in cases where he believes substantial justice requires the same, but where he has not himself sufficient authority to grant the relief sought.
§ 149-80 Procedure for Board of Appeals.
The Board of Appeals shall decide each appeal within 60 days. Upon the hearing, any party may appear in person or be represented by an agent or attorney. The Board of Appeals decision shall be immediately filed in its office and be a public record. In the exercise of its functions upon such appeals or upon exceptions, the Board of Appeals may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from or may make such order, requirement, decision or determination in accordance with the provision hereof.
§ 149-81 Expiration of decision.
Unless otherwise specified by the Board of Appeals, a decision on any appeal or request for a variance shall expire if the applicant fails to obtain any necessary building permit or comply with the conditions of said authorized permit within six months from the date of authorization thereof.
§ 149-82 Stay of proceedings.
An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Inspector certifies for the Board of Appeals, after the notice of appeal shall have been filed, 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 the Board of Appeals or by the Supreme Court, on application, on notice to the Zoning Inspector and on due cause shown.
§ 149-83 Appeals from decision of Board of Appeals.
All decisions of the Board of Appeals are subject to court review in accordance with applicable laws of the State of New York.
§ 149-84 Public hearings; notice.
The Board of Appeals shall fix a reasonable time for the hearing of an 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 five days prior to the date thereof and shall, at least five days before such hearing, mail notices thereof to the following officials, persons and owners of properties involved and in accordance with the requirements of § 267 of Article 16, Chapter 62 of the Consolidated Laws of the State of New York:
A.
When appealing action of the Zoning Inspector. In case of an appeal alleging error or misrepresentation in any order or other action by the Zoning Inspector, the following persons shall be notified: the Inspector, the appellant and the person or persons, if any, who benefit from the order, requirement, regulation or determination.
B.
When appealing for variance or special permit uses. In case of an appeal for a variance or in case of an application for a special permit as provided for in this chapter, the following persons shall be notified: all owners of property within 500 feet of the nearest line of the property for which the variance or special permit is sought and such other property owners as the Chairman of the Board of Appeals may direct.
§ 149-85 Adjournment of hearing.
Upon the day for hearing any application or appeal, the Board of Appeals may adjourn the hearing for a reasonable period for the purpose of causing such further notice as it deems proper to be served upon such other property owners as it decides may be interested in said application or appeal.
§ 149-86 Time limit for rehearing.
Whenever the Board, after hearing all the evidence presented upon an application or appeal under the provisions of this chapter, denies the same, the Board of Appeals shall refuse to hold further hearings on said or substantially similar application or appeal by the same applicant, his successor or assign for a period of one year, except and unless the 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 Board of Appeals and adopted by the unanimous vote of the members present.