Board established. Pursuant to Article 7 of the Village Law, § 7-718, the Village Board of the incorporated Village of Newark does hereby establish a Village Zoning Board, consisting of five members and up to three alternate members.

Membership; terms of office.

The Board of Appeals shall act in strict accordance with the procedure specified by law and by this article. 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 the article involved and shall exactly set forth the interpretation that is claimed, the use for which the special permit is sought, or the details of the variance that is applied for and the ground on which it is claimed that the variance should be granted, as the case may be.

At least 10 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 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.

Meetings; minutes; records. Meetings of such Board of Appeals shall be open to the public to the extent provided in Article 7 of the Public Officers Law. Such Board of Appeals 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.

Filing requirements. Every rule, regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Board of Appeals shall be filed in the office of the Village Clerk within five days and shall be a public record. Minutes shall be provided to the Village Clerk and the Village Board within two weeks, and a copy thereof mailed to the applicant.

Assistance to Board of Appeals. The Board shall have the authority to call upon any department, agency or employee of the Village for such assistance as shall be deemed necessary and as shall be authorized by the Village Board.

Hearing appeals. The jurisdiction of the Board of Appeals shall be appellate only and shall be limited to hearing and deciding appeals from and reviewing any order, requirement, decision, interpretation or determination made by an administrative official charged with the enforcement of any local law adopted pursuant to this article. Such department, agency or employee shall be reimbursed for any expenses incurred as a result of such assistance. The concurring vote of a majority of the members of the Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to grant a use variance, area variance, or special permit. Such appeal may be taken by any person aggrieved or by an officer, department, board or bureau of the Village.

Special permits. The Board shall have the authority to issue special permits for any of the uses for which this article requires the obtaining of such permits from the Board of Appeals.

Time of appeal. Such appeal shall be taken within 60 days after the filing of any order, requirement, decision, interpretation or determination of the administrative official charged with the enforcement of such local law by filing with such administrative official and with the Board of Appeals a notice of appeal, specifying the grounds thereof and the relief sought. The administrative official from whom the appeal is taken shall forthwith transmit to the Board of Appeals all the papers constituting the record upon which the action appealed from was taken. The cost of sending or publishing any notices relating to such appeal shall be borne by the appealing party and shall be paid to the Village of Newark prior to the hearing of such appeal.

Stay upon appeal. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the administrative official charged with the enforcement of such local law, from whom the appeal is taken, certifies to the Board of Appeals, after the notice of appeal shall have been filed with the administrative official, that by reason of facts stated in the certificate a stay would, in his or her 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 a court of record on application, on notice to the administrative official from whom the appeal is taken and on due cause shown.

Hearing on appeal. The Board of Appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it and give public notice thereof by the publication in a paper of general circulation in the Village of a notice of such hearing, at least five days prior to the date thereof.

Time of decision. The Board of Appeals shall decide upon the appeal within 62 days after the conduct of said hearing. The time within which the Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Board.

Notice. At least five days before such hearing, the Board of Appeals shall mail notices thereof to the parties, to the regional state park commission having jurisdiction over any state park or parkway within 500 feet of the property affected by such appeal and to the county or regional planning agency as required by § 239-m of the General Municipal Law, which notice shall be accompanied by a full statement of the matter under consideration, as defined in Subdivision 1 of § 239-m of the General Municipal Law.

Compliance with State Environmental Quality Review Act. The Board of Appeals shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations, as codified in Title 6, Part 617, of the New York Codes, Rules and Regulations.

Interpretations; requirements; decisions; determinations. The Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation or determination appealed from and shall make such order, requirement, decision, interpretation or determination as in its opinion ought to have been made in the matter by the administrative official charged with the enforcement of such local law and to that end shall have all the powers of the administrative official from whose order, requirement, decision or determination the appeal is taken.

Use variances.

Area variances.

Imposition of conditions. The Board of Appeals shall, in the 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, 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.

The Board of Appeals shall have the power to grant special permits in accordance with the applicable provision of the Code of the Village of Newark.

Referral to the Planning Board for their recommendation and the receipt of their report; and

A public hearing, conducted in the manner set forth for an amendment to the Zoning Chapter.

The character of the neighborhood.

The zoning and uses of nearby properties, and the extent to which the proposed use would be in harmony with such zoning and uses.

The suitability of the property for the uses to which it has been restricted under the current applicable zoning district regulations.

The length of time the property has remained vacant as zoned.

The extent to which approval of the application would detrimentally affect nearby properties.

The extent to which the proposed use would substantially harm the value of nearby properties.

The extent to which the proposed use would adversely affect the capacity or safety of that portion of the road network influenced by the use, or present parking problems in the vicinity of the property.

The extent to which utilities and services, including but not limited to sewers, water service, police and fire protection, and parks and recreation facilities, are available and adequate to serve the proposed use.

The extent to which the proposed use would create excessive stormwater runoff, air pollution, water pollution, noise pollution or other environmental harm.

The extent to which there is a need for the use in the community.

The economic impact of the proposed use on the community.

The ability of the applicant to satisfy any requirements applicable to the specific use imposed pursuant to the zoning district regulation.

The gain, if any, to the public health, safety and welfare due to denial of the application as compared to the hardship imposed upon the landowner, if any, as a result of the denial of the application.

The conformance of the proposed use to the Comprehensive Plan and other adopted planning policies.

The recommendation of professional staff.