New York Mills Village
City Zoning Code
City Zoning Code
ARTICLE VII
Board of Appeals
§ 200-31 Membership; terms of office; rules and regulations.
[Amended 6-10-2003 by L.L. No. 1-2003; 5-13-2008 by L.L. No. 3-2008; 2-9-2021 by L.L. No. 1-2021; 9-10-2024 by L.L. No. 4-2024]
There is hereby established a Zoning Board of Appeals consisting of five regular members and two alternate members who shall function in a manner prescribed by law. The members of the Board of Appeals shall be residents of the Village and shall be appointed by the Mayor, subject to the approval of the Board of Trustees, to serve staggered terms prescribed by law. Vacancies occurring in said Board by expiration of term or otherwise shall be filled in the manner provided by law. The alternate member will be allowed to attend all regular meetings and training seminars, but will only have voting powers when notified by the Chairperson during an illness, absence, or conflict of any member. The Board of Appeals shall adopt such rules and regulations as it may deem necessary to carry into effect the provision of this chapter, and all its resolutions and orders shall be in accordance therewith. The Village's existing Planning Board is hereby abolished.
§ 200-32 Procedure.
The Board of Appeals shall act in strict accordance with the procedure specified by law and by this chapter. All appeals and applications made to the Board shall be in writing, on forms prescribed by the Board. Every appeal or application shall refer to the specific provision of this chapter involved, and shall set forth the interpretation that is claimed, the details of the variance that is applied for, or the use for which the special exception is sought, and the basis thereof. At least seven days before the date of the hearing required by law on an application or appeal to the Board of Appeals, the secretary of said Board shall transmit to the Planning Board a copy of said application or appeal, together with a copy of the notice of the aforesaid hearing and shall request that the Planning Board submit to the Board of Appeals its opinion on said application or appeal, and the Planning Board shall submit a report of such advisory opinion prior to the date of said hearing. Upon failure to submit such report, the Planning Board shall be deemed to have approved the application or appeal.
§ 200-33 Meetings.
All meetings of the Board of Appeals shall be held at the call of the Chairman and at such other times as such Board may determine. The Chairman, or in his absence, the acting Chairman may administer oaths and compel the attendance of witnesses. Meetings of the Board shall be open to the public. Such Board shall keep minutes of its proceedings showing the vote of each member upon every question, or if absent or failing to vote indicating such fact, and shall also keep records of its examinations and other official actions.
§ 200-34 Records.
All decisions of the Board shall be by resolution and a copy of each decision shall be sent to the applicant, to the Village Clerk and to the Zoning Officer. Every rule, regulation, amendment or repeal thereof and every order, requirement, decision or determination of the Board shall immediately be filed in the office of the Board and shall be a public record. Each decision shall set forth fully the reasons for the decision of the Board and the findings of fact on which the decision was based. Such findings and reasons shall include references to the standards pertaining thereto where the appeal is for a variance or a special exception.
§ 200-35 Appeal to Board of Appeals.
Matters reviewable; vote required; parties. The Board of Appeals shall hear and decide appeals from and review any order, requirement, decision or determination made by the Zoning Officer. It shall also hear and decide all matters referred to it upon which it is required to pass under this chapter. The concurring vote of a majority of the Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of the Zoning Officer, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to effect any variation in this chapter. Such appeal may be taken by any persons aggrieved, or by an officer, department, board or bureau of the Village.
Time limit on appeal. Such appeal shall be taken within 60 days or such additional time as shall be prescribed by the Board of Appeals by general rule, by filing with the Zoning Officer and with the Board of Appeals a notice of appeal specifying the ground thereof. The Zoning Officer shall forthwith transmit to the Board all of the papers constituting the record upon which the action appealed from was taken.[1]
§ 200-36 Stay on appeal.
An appeal stays all proceedings in furtherance of the action appealed from unless the Zoning Officer from whom the appeal is taken certifies to the Board of Appeals after the notice of appeal shall have been filed with him that by reason of acts stated in the certificate, a stay would in his opinion cause imminent peril to life or property, otherwise proceedings shall not be stayed except by a restraining order which may be granted by the Board of Appeals or by a court of record on application, or notice to the officer from whom the appeal is taken and on due cause shown.
§ 200-37 Hearing and determination.
The Board of Appeals shall fix a reasonable time for the hearing and give due notice thereof to the parties, and by publication at least once in the official newspaper five calendar days before the date of the hearing, and shall decide the same within 62 calendar days. Upon the hearing, any party may appear in person or by agent or by attorney.[1]
The applicant shall bear those costs directly attributable to the hearing which shall be determined and payable in advance as established by the Board of Appeals.
§ 200-38 Jurisdiction.
The Board of Appeals shall have the following powers and duties prescribed by statute and by this chapter as described below:
Original jurisdiction.
The granting of special exceptions for certain uses stated in this chapter.
Determinations.
Interpretation. On appeal from a determination of the Zoning Officer to hear and decide on questions where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning Officer involving the interpretation of any provision of this chapter.
Variance. On appeal from a determination of the Zoning Officer, to grant a use variance or area variance in accordance with the procedures and requirements set forth in §§ 7-712 and 7-712-b of the Village Law.[1]
Special exception. On application, supplementing an application to the Zoning Officer for a permit or certificate of occupancy, the Board of Appeals may authorize the Zoning Officer to grant a permit for any use for which approval of the Board is required by this chapter. The Board shall, pursuant to law, hold a public hearing on any such application prior to acting thereon. In authorizing such permit, the Board may designate appropriate conditions in harmony with the following standards:
The use shall be of such location, size and character that it will be in harmony with the appropriate and orderly development of the district in which it is situated and will not be detrimental to the orderly development of adjacent districts and uses.
The location and size of the use, the nature and intensity of the operations involved in or conducted in connection therewith, its site layout, and its relation to streets giving access to it shall be such that traffic to and from the use and the assembly of persons in connection with it will not be hazardous or inconvenient to the neighborhood or conflict with the normal traffic of the neighborhood. In applying this standard, the Board of Appeals shall consider, among other things, convenient routes of pedestrian traffic, particularly of children, relation to main traffic thoroughfares and to street and road intersections, and the general character and intensity of development of the neighborhood.
The location and height of buildings, the location, nature and height of walls and fences, and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the proper development and use of adjacent land and buildings or impair the value thereof.
§ 200-39 Special exceptions.
Special exceptions to be considered by the Board of Appeals include the following:
Public utility station or structure. Such uses shall include electric substations, transformers, switches, and auxiliary apparatus serving a distribution area, and water pumping stations in any residential district and shall be subject to the following regulations:
Such facility shall not be located on a residential street (unless no other site is available), and shall be so located as to draw a minimum of vehicular traffic to and through such streets.
The location, design, and operation of such facility shall not adversely affect the character of the surrounding residential area.
Drive-in restaurant or refreshment stand. In addition to meeting the minimum yard and lot coverage requirements, such businesses, where persons are served in automobiles or out-of-doors shall be subject to the following regulations:
Such use shall be not closer than 200 feet to a residence district.
Shall have frontage on a public street.
Ingress and egress shall be so designed as to minimize traffic congestion, and for this purpose, the number and location of driveways shall be subject to review and approval of the Board of Appeals.
Such use shall be adequately fenced and screened from any adjacent residential property, and lighting shall be directed away from adjacent property.
Auto wash. In addition to meeting the minimum yard and lot coverage requirements, any auto wash establishment shall be subject to the following regulations:
Such establishment shall not be closer than 200 feet to a residence district.
The wash water shall not pollute any stream, nor create a hazard because of surface drainage.
The number and location of driveways shall be subject to review and approval of the Board of Appeals.
Commercial excavation. Except in a commercial excavation district, and except when incidental to the construction of a building on the same lot, the excavation, processing or sale of topsoil, earth, sand, gravel, clay or other natural deposits is subject to the following conditions.
An application shall be made to the Board of Appeals for a special exception for commercial excavation.
In its consideration of said application, the Board of Appeals shall find that such excavation will not endanger the stability of adjacent land or structures nor constitute a detriment to public welfare, convenience or safety by reason of excessive dust, noise, traffic or other condition. The Board of Appeals shall specify any reasonable requirements to safeguard the public health, safety, and welfare in granting such permit, including the following:
The slope of material in such topsoil, sand, gravel, clay or other earth shall not exceed the normal angle of repose of such material.
The top and the base of such slope shall not be nearer than 50 feet to any property line nor nearer than 50 feet to the right-of-way line of any street or highway.
A plan for restoration and rehabilitation of a commercial earth excavation area or burrow pit shall accompany the application for a special exception and shall assure conformance with the public health, safety and welfare. The Board of Appeals, upon approval of such plan, shall require a performance bond to assure rehabilitation of commercial excavation sites in conformance therewith.
Junkyard, automobile junkyard.
No junkyard or automobile junkyard shall be operated or established hereafter in any area of the Village unless a special exception shall have been granted by the Board of Appeals for such use. Any such use existing at the time of adoption of this chapter shall be discontinued within two years unless such use shall comply with the requirements below and shall be granted a special exception by the Board of Appeals.
Before a permit for a junkyard, or automobile junkyard is authorized, the Board of Appeals shall find that such use will not constitute a detriment to the public health, safety, welfare, convenience, and property values by reason of dust, smoke, fumes, noise, traffic, odors, vermin or other condition. The Board of Appeals may specify any reasonable requirements to safeguard the public health, welfare, safety, convenience and property values in granting such permit, including the following:
Said use shall not be located within 50 feet of any highway, stream, or property line; or 500 feet from any existing church, school, public building or place of public assembly.
Any new junkyard or automobile junkyard shall be completely surrounded with a fence which substantially screens said area and shall have a suitable gate which shall be closed and locked except during the normal working hours of said use. Such fence shall not be erected nearer than 50 feet to any highway or property line. All junk and dumping materials stored or deposited at the site shall be kept within the enclosure of the fence and below the top of the fence except during transportation of same in the reasonable course of the business. No dumping or burning of same shall be accomplished within the Village.
Where the topography, land forms, natural growth of trees or other considerations accomplish the purpose of this section in whole or in part, the fencing requirements hereunder may be reduced by the Board of Appeals, provided, however, that such natural barrier conforms with the purposes of this section. Where the topography, land forms, natural growth of trees or other considerations are such as to prevent effective screening, other means shall be designed, or the use shall not be allowed in the particular location.