Onondaga City Zoning Code
§ 285-39
Board of Appeals.
[Amended 3-18-2002 by L.L. No. 1-2002; 6-18-2011 by L.L. No. 3-2011; 3-3-2025 by L.L. No. 1-2025]
A.
Establishment, membership and rules.
(1)
A Board of Appeals is hereby established and shall have all of the powers and duties in accordance with the provisions of the Town Law applicable thereto.
(2)
The Board of Appeals shall consist of five members appointed and removed by the Town Board in accordance with § 267 of the Town Law.
(3)
Such Board of Appeals shall, consistent with the Town Law, determine its own rules of procedure, and all its deliberations, regulations and orders shall be in accordance therewith.
(4)
The Town Board may appoint an alternate member to the Board of Appeals. Such member, if appointed, would serve when a regular member of the Board of Appeals is absent or unable to participate on an application or matter before the Board of Appeals. An alternate member of the Board of Appeals shall be appointed for a term of one year.
(a)
The Chairperson of the Board of Appeals may designate an alternate member to substitute for a regular member of the Board, when such regular member is unable to participate on an application or matter before the Board. When so designated, the alternate member shall possess all of the powers and responsibilities of a regular member of the Board. Such designation shall be entered into the minutes of the Board of Appeals meeting at which the substitution is made.
(b)
All provisions of state law relating to Board of Appeals member eligibility, vacancy in office, removal, compatibility of office and service on other boards, as well as any provision of a local law, rule, regulation or policy relating to training, continuing education, compensation and attendance, shall apply to any alternate member of the Board of Appeals appointed pursuant to this section.
B.
Powers and duties.
(1)
The Board of Appeals shall have the power to review any order or decision of the duly designated enforcing official.
(2)
The Board of Appeals may, with the exception of a subdivision under review by the Town of Onondaga Planning Board in a specific case, after due notice and public hearing as herein provided, and subject to appropriate conditions and safeguards, determine and vary the application of the regulations of this chapter in harmony with their general purpose and intent, as follows:
(a)
Grant a permit wherever it is provided in this law that the approval of the Board of Appeals is required.
(b)
Permit occupancy of a basement for residential use for not more than one year.
(c)
Grant use variances.
[1]
The Board of Appeals, on appeal from the decision or determination of the Codes Officer, shall have the power to grant use variances, as defined herein.
[2]
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, for each and every permitted use under the zoning regulations for the particular district where the property is located:
[a]
The applicant cannot realize a reasonable return, provided that lack of return is substantial as determined by competent financial evidence.
[b]
The alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood.
[c]
The requested use variance, if granted, will not alter the essential character of the neighborhood.
[d]
The alleged hardship has not been self-created.
[3]
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.
(d)
Grant area variances.
[1]
The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of the Codes Officer or in accordance with § 274-a, 274-b or 277 of the Town Law, to grant area variances as defined herein.
[2]
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 the following, which considerations shall be relevant to the decision of the Board of Appeals but shall not necessarily preclude the granting of the area variance:
[a]
Whether 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.
[b]
Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than an area variance.
[c]
Whether the requested area variance is substantial.
[d]
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.
[e]
Whether the alleged difficulty was self-created.
[3]
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.
(e)
Impose conditions.
[1]
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. Such conditions shall be consistent with the spirit and intent of this Zoning Law and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
[2]
The Board of Appeals is expressly authorized to condition any variance so granted to expire within a specified period of time unless the subject property is used for the purpose for which the variance was granted or unless substantial construction is completed, as the case may be.
C.
Special permit uses.
(1)
The Board of Appeals after public hearing may grant permits for special uses if it finds that:
(a)
The use will not create a hazard to health, safety, morals or public welfare.
(b)
The use will not depreciate or tend to depreciate the value of surrounding property.
(c)
The use will not be detrimental to the neighborhood and will not alter the essential character of the area.
(d)
The use possesses characteristics that will blend desirably with the neighboring property and will secure the objectives of this chapter.
(e)
The location, size of the use and structure, nature and intensity of the operation involved, size of the site in relation to it, and the location of the site with respect to the streets giving access to it are such that it will be in harmony with the orderly development of the district.
(f)
The location, nature and height of buildings, walls and fences will not discourage the appropriate development and use of adjacent land and buildings.
(g)
The use shall not conflict with the Town's land use plan or any part thereof.
(h)
The proposal will provide proper controls for vehicular and pedestrian movement so that public safety is maintained, undue traffic congestion is avoided and the efficient functioning of highways is promoted.
(i)
The proposal will not significantly increase the possibility of nuisance, odors, dust or noise from the site.
(k)
The proposal will not adversely impact on any unique cultural, historical, architectural or other special characteristics of the site or neighboring sites.
(l)
The use will be provided with adequate supporting services such as fire and police protection, public and private utilities and other supporting governmental services.
(m)
Any private residential noncommercial tower shall be no higher than the distance from its base to the lot line. The Zoning Board of Appeals may grant such a permit subject to such terms and conditions as it may deem necessary and proper.
(n)
With respect to nurseries, that:
[1]
Access driveways and roads will be located at least 50 feet from the nearest residential property line.
[2]
Proper buffering, consisting of fencing and vegetative screening, is provided between the nursery and all neighboring residential properties.
[3]
No equipment or vehicles will be parked within 100 feet of the nearest residential property line.
[4]
No products other than trees, flowers and shrubs may be stored within 50 feet of the nearest residential property line.
[5]
No manure, dust or odor-producing substance may be located or stored within 200 feet of the nearest property line.
(2)
Prior to the hearing, the Zoning Board of Appeals shall transmit to the Planning Board of the Town of Onondaga the application for the special permit and all related documents. No decision on the application shall be rendered until the Zoning Board of Appeals has received and considered an opinion from the Planning Board. If no opinion is received within 30 days from the day of transmittal to the Planning Board, the Planning Board shall be deemed to have approved the application.
(3)
Any permit granted in accordance with the provisions of this subsection shall automatically lapse unless substantial construction or use of the property, as the case may be, is accomplished in accordance with the plans for which such permit was granted within one year from the date of granting such variance by the Board, or, if judicial proceedings to review the Board's decision shall be instituted, from the date of entry of the final order in such proceedings, including all appeals.
D.
Public hearings.
(1)
Whenever, in this chapter, relief is requested from the Board of Appeals, such relief may be granted by the Board of Appeals only after the Board of Appeals has held a public hearing thereon.
(2)
Notice of the time and place of such public hearing shall be given by the Board of Appeals as follows:
(a)
By publishing a notice of the time and place of said public hearing in a newspaper of general circulation in the Town of Onondaga at least once, the time of such hearing to be chosen and designated by said Board of Appeals, but not less than five days nor more than 30 days from the date of such published notice.
(b)
Provided that where an application has been made to the Board of Appeals for approval to erect or maintain in any district premises for the sale of beer or liquor for consumption on the premises, notices of said public hearing shall be given by mail as follows:
[1]
To the owners and residents of all the property which is situated on the same street or road as the property for which the approval is sought, and situated within 500 yards in either direction from the proposed building or use for which approval is sought.
[2]
If a road or street intersects the road or street on which the proposed building or use for which such an approval is sought, and if the intersection is within 200 yards of the proposed building or use in question, then mailed notice shall also be sent to the owners and residents for a distance of 200 yards in either direction along said intersecting road from the point of intersection.
[3]
If the application sought is for the use of a building or land where the 500 yards or 200 yards specified in Subsection D(2)(b)[1] and [2] above penetrate an adjoining district, the distance to which mailed notices shall be sent to residents and owners therein shall, for that part of the distance which penetrates the said adjoining district, be measured in feet rather than in yards.
[4]
All notices required under this Subsection D(2)(b), whether by mail, by publication or by posting, shall be given at least 15 days prior to the date of the required public hearing.
[5]
Failure of any property owner or resident to receive any mailed notice shall not void any approval granted under this Subsection D(2)(b). An affidavit of the Town Clerk or other person mailing such notice shall be prima facie evidence that such mailing was made and the notice required hereunder has been given.