(A)   There shall be a New Lebanon Board of Zoning Appeals consisting of five Council members who are not on the Planning Commission, plus two members of the electorate who are not members of Council. Each Council member who is on the Board of Zoning Appeals shall serve as a member of the Board of Zoning Appeals for the duration of his or her Council term, unless he or she is otherwise appointed to the Planning Commission. Upon adoption of this division, current non-Council members of the Board of Zoning Appeals shall each be assigned by Council to terms expiring January 1, 1997, and January 1, 1999. Subsequent terms for non-Council members on the Board of Zoning Appeals shall be four years in length. Any non-Council member vacancy on the Board of Zoning Appeals shall be filled by appointment of Council for the remainder of the unexpired term.

   (B)   The Board of Zoning Appeals shall organize and adopt rules in accordance with the provisions of this chapter. Meetings of the Board of Zoning Appeals shall be held at the call of the Chairman, and at such other times as the Board may determine. The Chairman, or in his or her absence, the Acting Chairman, may administer oaths and the Board of Zoning Appeals may compel the attendance of witnesses. All meetings of the Board of Zoning Appeals shall be open to the public. The Board of Zoning Appeals shall keep minutes of its proceedings showing the vote of each member on each question, or, if absent or failing to vote, indicating this fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Municipality of New Lebanon and shall be a public record.

   (C)   The Board of Zoning Appeals shall be a continuing body and proceedings which have been lawfully begun by one Board of Zoning Appeals can be prosecuted by succeeding Boards of Zoning Appeals until completed and made effective.

('80 Code, § 152.012) (Ord. 94-14, passed 7-5-94; Am. Ord. 96-02, passed 2-20-96)

   The Board of Zoning Appeals shall have the following jurisdiction:

   (B)   Variances.

      (1)   Variances on lots. To authorize, on appeal, in specific cases, such variance from the terms of this zoning code as will not be contrary to the public interest, where, owing to special conditions of the land, (that is, an irregularly shaped lot having the required area; a lot of exceptional topography; or an exceptionally narrow, shallow or irregular lot) existing and of record at the time of the passage of this zoning code, a literal enforcement of the provisions of this zoning code will result in unnecessary hardship. In granting such variance, the Board of Zoning Appeals shall prescribe appropriate conditions and safeguards to maintain the intent and spirit of the zoning district in conformity with this zoning code.

      (2)   Variances on existing buildings and structures. To grant the projection of an existing building or structure into a required yard to secure an addition to the building or structure practicable in its construction and arrangement. This projection shall not exceed 1/3 of the required depth or width of the required yard. In granting the variance, the Board of Zoning Appeals shall prescribe appropriate conditions and safeguards to maintain the intent and spirit of the zoning district in conformity with this zoning code.

      (3)   Use provisions applicable. Divisions (B)(1) and (2) shall not be construed to permit variances which shall in effect amend the use provisions in this chapter.

   (C)   Conditional uses. To grant conditional certificates for the use of land, buildings, or other structures, if such certificates for specific uses are provided for in this zoning code.

   (D)   Nonconforming uses. Nonconforming uses as provided in §§ 152.163 through 152.168.

   (E)   Well field protection appeals. To take appeals, investigate matters related to said appeals, deny, uphold, or otherwise modify or waive the Zoning Inspector's actions on a case-by-case basis as they related to well field protection.

   (F)   Determination of similar use. Where a specific use is proposed that is not specifically listed or provided for in a zoning district under this zoning code, the Board of Zoning Appeals may make a determination, upon appeal, that the proposed use is substantially similar to a specific use that is listed or provided for in such zoning district.

   (G)   In appeals from the Property Maintenance Enforcement Administrator, to make such findings and rulings as are set forth in this code.

('80 Code, § 152.013) (Ord. 94-14, passed 7-5-94; Am. Ord. 2019-02, passed 6-18-19)

   (A)   Authorization. An appeal from a decision of the Zoning Inspector with respect to the interpretation or application of this zoning code may be taken to the Board of Zoning Appeals by any person aggrieved, or his or her agent, or by any officer of the municipality affected by the decision of the Zoning Inspector.

   (B) Notice of appeal. Appeals to the Board of Zoning Appeals shall be filed within 20 days after the decision of the Zoning Inspector by filing a written notice of appeal with the Zoning Inspector and with the Board of Zoning Appeals. The notice of appeal shall be filed on forms provided by the village and specify the grounds for the appeal. On receipt of a notice of appeal, the Zoning Inspector shall forthwith transmit to the Board all of the papers constituting the record on which the decision being appealed was based.

   (C)   Hearing on appeal. The Board of Zoning Appeals shall select a time and place for the hearing of an appeal and give at least ten days written notice thereof to the owners of property adjacent to and abutting the property involved or across the street therefrom, as they shall appear on the notice of appeal. In addition, public notice of the hearing as to the time, place, date, and subject of the hearing shall be published in a newspaper of general circulation at least ten days prior to the date of the hearing. Any party in interest may appear and be heard at the hearing in person, by agent, or by attorney.

   (D)   Decision on appeals. The Board of Zoning Appeals shall have all the powers of the Zoning Inspector with respect to such decision. The concurring vote of a majority of the members of the Board shall be necessary to reverse or modify any decision of the Zoning Inspector under this zoning code. The Board shall render a written decision on the application without unreasonable delay after the close of a hearing, and, in all cases, within 30 days after the close of the hearing. In cases where the Board of Zoning Appeals makes a determination that a proposed use is substantially similar to a specific use, the Board of Zoning Appeals shall notify the Planning Commission and Council of its decision and, in its written findings, the reasoning upon which the decision is based.

('80 Code, § 152.014) (Ord. 94-14, passed 7-5-94)

   (A)   Nature of variance. A variance is permission to deviate in a specific manner from the terms of the zoning code, where, owing to special conditions of the land itself, a literal enforcement of the provisions of this zoning code will result in unnecessary hardship, and provided that only deviations from development standards shall be permitted.

   (B)   Authorization. The Board of Zoning Appeals may authorize variances from the terms of this zoning code as stated in § 152.013(B) when the Board of Zoning Appeals has made findings of fact based on the standards set out in division (E) of this section.

   (C)   Appeal for variance. An application for a zoning certificate shall be filed with the Zoning Inspector, and if the application is rejected, a copy of the application and its written rejection shall be forwarded to the Secretary of the Board of Zoning Appeals. The applicant may file an appeal for a variance on forms provided by the village, which shall contain the following:

      (1)   Description of property and nature of variance. Description of property and nature of variance:

         (a)   The nature of the variance, including the specific provisions of this zoning code from which the variance is requested;

         (b)   A description sufficient to identify the property, including a reference to the volume and page of the last recorded deed;

         (c)   A statement of the special circumstances or conditions applying to the land or structure and not applying generally throughout the zoning district;

         (d)   A statement showing that the special conditions and circumstances do not result from the actions of the applicant;

         (e)   A statement showing that the granting of the variance is necessary for the preservation and enjoyment of substantial property rights; and

         (f)   Such other information regarding the appeal as may be pertinent or required for appropriate action by the Board of Zoning Appeals.

      (2)   Plot plan. The appeal shall be accompanied by one copy of a plot plan drawn to an appropriate scale showing the following:

         (a)   The boundaries and dimensions of the lot;

         (b)   The size and location of existing and proposed structures;

         (c)   The proposed use of all parts of the lot and structures, including access ways, walks, off-street parking, loading spaces, and landscaping;

         (d)   The relationship of the requested variance to the standards set by this zoning code; and

         (e)   The use of land and location of structures on adjacent property.

   (D)   Hearing on variance. A hearing on the appeal shall be held by the Board and notice thereof given, as specified under § 152.014(C).

   (E)   Standards for variances. The Board shall not grant a variance unless it shall, in each specific case, make specific findings of fact directly based on the particular evidence presented to it that support conclusions that:

      (1)   The variance requested arises from special conditions of, or involving, the property which are unique (that is, a situation which is not ordinarily found in the same zoning district) and that the situation results from the enforcement of this zoning code and not by an action or actions of the property owner, the applicant, or any other person or party who has had control of the property;

      (2)   The strict application of the provisions of this zoning code, from which a variance is requested, will constitute unnecessary hardship on the property owner represented in the application;

      (3)   The variance desired will not adversely affect the public health, safety, and morals; and

      (4)   The variance desired will not compromise the general spirit and intent of this zoning code.

   (F)   Conditions and restrictions. In granting a variance, the Board of Zoning Appeals may impose such conditions, safeguards, and restrictions on the premises benefited by the variance as may be necessary to comply with the standards set out in division (E) of this section to reduce or minimize potentially injurious effects of the variance on other property in the neighborhood and to carry out the general purpose and intent of this zoning code.

   (G)   Decision on variance. The Board of Zoning Appeals shall have all powers of the Zoning Inspector with respect to the decision. The concurring vote of a majority of the members of the Board of Zoning Appeals shall be necessary to reverse or modify any decision of the Zoning Inspector under this zoning code. The Board of Zoning Appeals shall render a written decision on the application without unreasonable delay after the close of a hearing, and, in all cases, within 30 days after the close of the hearing.

   (H)   Period of validity. A variance granted by the Board of Zoning Appeals shall terminate at the end of six months from the date on which the Board grants the variance, unless within this six-month period a zoning certificate is obtained.

('80 Code, § 152.015) (Ord. 94-14, passed 7-5-94)

   (A)   Authorization. Specifically listed conditional uses are provided within the zoning district regulations in recognition that such uses, although often desirable, will more intensely affect the surrounding area in which they are located than the permitted uses of the zoning district. The intent of the procedure for authorizing a conditional use is to set forth the development standards and criteria for locating and developing a conditional use in accordance with the nature of the surrounding area, conditions of development, and with regard to appropriate plans.

   (B)   Application for conditional use.

      (1)   Any person owning or having an interest in property may file an application to use the property for one or more of the conditional uses provided for by this zoning code in the zoning district in which the property is situated. An application for a conditional use certificate shall be filed with the Secretary of the Board of Zoning Appeals.

      (2)   The application for a conditional use shall contain the following:

         (a)   Description of property and intended use:

            1.   A description sufficient to identify the property, including a reference to the volume and page of the last recorded deed;

            2.   The proposed use of the property;

            3.   A statement of the necessity or desirability of the proposed use to the neighborhood or community.;

            4.   A statement of the compatibility of the proposed use to adjacent property and land use; and

            5.   Such other information regarding the property, proposed use, or surrounding area as may be pertinent to the application or required for appropriate action by the Board of Zoning Appeals.

         (b)   Plot plan. The application shall be accompanied by two copies of the plot plan, drawn to an appropriate scale, clearly showing the following:

            1.   The boundaries and dimensions of the lot;

            2.   The size and location of existing and proposed structures;

            3.   The proposed use of all parts of the lot and structures, including access ways, walks, off-street parking, loading spaces, and landscaping;

            4.   The relationship of the proposed development to the development standards in the existing zoning district; and

            5.   The use of land and location of structures on adjacent property.

   (C)   Hearing on conditional use. A hearing on the application shall be held by the Board and notice thereof given, as specified under § 152.014(C).

   (D)   Standards for conditional use. The Board of Zoning Appeals shall not grant a conditional use unless it shall, in each specific case, make specific findings of fact directly based on the particular evidence presented to it that support conclusions that:

      (1)   The proposed conditional use will comply with all applicable regulations of this zoning code, including lot size requirements, development standards, and use limitations;

      (2)   Adequate utility, drainage, and other necessary facilities have been or will be provided;

      (3)   Adequate access roads or entrance and exit drives will be provided and will be so designed as to prevent traffic hazards and to minimize traffic conflicts and congestion in public streets and alleys;

      (4)   All necessary permits and licenses for the use and operation of the conditional use have been obtained, or evidence has been submitted that such permits are obtainable for the proposed conditional use on the subject property;

      (5)   All exterior lights for artificial open-air illumination are so shaded as to avoid casting direct light on any property located in a residential district;

      (6)   The location and size of the conditional use, the nature and intensity of the operation involved or conducted in connection with it, the size of the site in relation to it, and the location of the site with respect to streets giving access to it, shall be such that it will be in harmony with the appropriate and orderly development of the district in which it is located;

      (7)   The location, nature, and height of buildings, structures, walls, and fences on the site and the nature and extent of landscaping and screening on the site shall be such that the use will not unreasonably hinder or discourage the appropriate development, use, and enjoyment of adjacent land, buildings, and structures; and

      (8)   The conditional use desired will not adversely affect the public health, safety, and morals.

   (E)   Conditions and restrictions. In granting a conditional use certificate, the Board may impose such conditions, safeguards, and restrictions on the premises benefited by the conditional use as may be necessary to comply with the standards set out in division (D) above, to reduce or minimize potentially injurious affects of such conditional uses on other property in the neighborhood and to carry out the general purpose and intent of this zoning code.

   (F)   Period of validity. A conditional use certificate granted by the Board of Zoning Appeals shall terminate at the end of the period designated by the Board from the date on which the Board grants the conditional use.

('80 Code, § 152.016) (Ord. 94-14, passed 7-5-94)