Ogden City Zoning Code
ARTICLE XIII
Zoning Board of Appeals
§ 300-101 Establishment.
There is hereby created and appointed a Zoning Board of Appeals. Such Board shall have all of the powers and perform all of the duties established by New York State Town Law and by this chapter.
§ 300-102 Membership; terms; vacancies.
A.
The Zoning Board of Appeals shall consist of seven members, one of whom shall be designated by the Board as Chairman. The Town Board shall appoint such members and shall have the power to remove any member of the Zoning Board of Appeals for cause. No member of the Town Board nor any employee of the Town shall be eligible for membership on the Zoning Board of Appeals.
B.
The successors to the members of the Board of Appeals as constituted at the time of adoption shall be appointed for terms of five years each. If a vacancy shall occur otherwise than by expiration of term, it shall be filled by the Town Board by appointment for the unexpired term.
§ 300-103 Meetings; minutes.
A.
All meetings of the Zoning Board of Appeals shall be held at the call of the Chairman and at such other times as the Board determines. The Chairman, or in the Chairman's absence the Acting Chairman, may administer oaths and compel the attendance of witnesses. Meetings of the Zoning Board of Appeals shall be open to the public as provided for in Article 7 of the Public Officers Law.
B.
The Zoning Board of Appeals shall keep minutes of its meetings which indicate the vote of each member upon every question and shall also keep records of its examinations and other official actions.
C.
The Zoning Board of Appeals shall file all its minutes, decisions and actions in the office of the Town Clerk as matters of public record.
§ 300-104 Interpretations, requirements and decisions.
A.
The Board of Appeals shall hear and decide appeals from and review any order, requirement, decision or determination made by an administrative official charged with the enforcement of this chapter. Such appeal may be taken by any person aggrieved or by an officer, department, board or bureau of the Town.
B.
The Zoning Board of Appeals may reverse, modify or affirm, in whole or in part, any such appealed order, requirement, decision or determination. The Board may make such order, requirement, decision or determination as in its opinion ought to be made and for such purposes shall have all the powers of the officer from whom the appeal is taken.
§ 300-105 Use variances.
A.
The Board of Appeals, on appeal from the decision or determination of the administrative official charged with the enforcement of this chapter, shall have the power to grant use variances, authorizing a use of the land which otherwise would not be allowed or would be prohibited by the terms of this chapter.
B.
No such use variance shall be granted by the 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:
(1)
Under applicable zoning regulations, the applicant is deprived of all economic use or benefit from the property in question, which deprivation must be established by competent financial evidence;
(2)
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)
The requested use variance, if granted, will not alter the essential character of the neighborhood; and
(4)
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 proven 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.
§ 300-106 Area variances.
A.
The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of an administrative official charged with the enforcement of this chapter, to grant area variances from the area or dimensional requirements of such chapter.
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 whether:
(1)
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)
The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
(3)
The requested area variance is substantial;
(4)
The proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
(5)
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.
§ 300-107 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.
§ 300-108 Application for appeal. [1]
Any person wishing to appeal any order, requirement, decision or determination made by an administrative official regarding this chapter may apply to the Code Enforcement Officer for a hearing before the Zoning Board of Appeals.
§ 300-109 Hearing.
A.
The Board of Appeals shall hear any appeal brought to it within 62 days of receiving a completed application. Notice of such hearing shall be published in the official Town newspaper at least five days before the hearing. Hearings shall be public and decisions shall be voted upon at public sessions. The Board may otherwise hold executive sessions.
B.
An appeal stays all proceedings in furtherance of the action appealed from except as provided for in § 267-a, Subdivision 6, of the Town Law.
§ 300-110 Findings. [1]
The Board shall have 62 days to reach its decision. The decision of the Board shall contain findings supporting its decision. Each decision and the record of each proceeding shall be filed in the office of the Town Clerk. A copy of the decision shall be personally served upon or mailed to the applicant within five days after such filing.
§ 300-111 Rehearings.
Upon motion initiated by any member and adopted by the unanimous vote of the members present (but not less than a majority of all the members), the Board of Appeals shall review, at a rehearing held upon notice given as upon an original hearing, any order, decision or determination of the Board not previously reviewed. Upon such rehearing and provided that it shall then appear that the rights vested prior thereto in persons acting in good faith in reliance upon the order, decision or determination reviewed will not be prejudiced thereby, the Board may, upon the concurring vote of all members then present, reverse, modify or annul its original order, decision or determination.
§ 300-112 Majority vote.
The vote of a majority of the members of the Board shall be necessary to decide on any matter referred to it under this chapter or under any applicable New York State Town Law provisions.