Palmyra Village City Zoning Code
ARTICLE VII
Zoning Board of Appeals and Planning Board
[Amended 4-8-1974 by L.L. No. 3-1974; 1-2-1979 by L.L. No. 1-1979; 1-4-1988 by L.L. No. 1-1988; 4-15-1991 by L.L. No. 1-1991; 5-2-1994 by L.L. No. 2-1994]
§ 200-41 Establishment of Zoning Board of Appeals.
A.
Zoning. The Board of Appeals, heretofore created pursuant to the provisions of the Village Law, is hereby continued as now constituted. Each member of the Board of Appeals shall continue to hold office to the expiration of his present term, at which time the Village Board of Trustees shall appoint a successor as provided by law.
B.
Appointment of members. The Board of Trustees shall designate the Chairperson thereof. In the absence of a Chairperson, the Board of Appeals may designate a member to serve as Acting Chairperson. The Village Board of Trustees may provide for compensation to be paid to experts, clerks and a secretary and provide for such other expenses as may be necessary and proper, not exceeding the appropriation made by the Village Board of Trustees for such purpose.
C.
Term of office. Members of the Board of Appeals shall be appointed for a five-year term. The Chairperson shall be appointed annually. No member of the Board of Appeals may serve more than two consecutive terms of five years.
D.
Vacancy in office. Appointments to fill vacancies shall be for the unexpired term of the member or members whose term or terms become vacant. Appointments to fill such vacancies shall be made in the same manner as the original appointment.
E.
Vacature of office. A member of the Board of Appeals who has failed to attend three consecutive meetings, unless excused by the Chairman or Acting Chairman, shall be considered to have vacated his office unless otherwise ordered by the Board of Trustees.
F.
General grant of power. The Board of Appeals shall perform all the duties and have all the powers prescribed by the laws of the State of New York.
G.
Meetings, minutes, and records. Meetings of the Board of Appeals shall be open to the public to the extent provided in Article 7 of the Public Officers Law. The 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 proceedings and other official actions.
H.
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 Village Clerk’s office and shall be a public record.
I.
Assistance to Board of Appeals. The Board of Appeals 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 Board of Trustees.
§ 200-42 Powers and duties of Zoning Board of Appeals/Planning Board.
[Amended 8-1-2016 by L.L. No. 2-2016]
A.
Jurisdiction of Zoning Board of Appeals/Planning Board. Except as otherwise provided in this chapter, and in Chapter 167, entitled Subdivision of Land, the jurisdiction of the Zoning Board of Appeals/Planning Board, in addition to the authority set forth below, shall be appellate and shall consist of hearing and deciding appeals from and reviewing any order, requirement, decision, interpretation, or determination made by the Zoning Administrator.
B.
Votes necessary for decision. The concurring vote of a majority of the members of the Zoning Board of Appeals/Planning Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Administrator or to grant a use or area variance.
C.
In addition to the hearing of appeals, the Zoning Board of Appeals/Planning Board shall have the authority:
(1)
To prepare and from time to time make changes to the Master or Comprehensive Plan for the development of the Village.
(2)
To review proposals to approve or disapprove the laying out, closing off, abandonment or changes in line of streets, highways and public areas and to make recommendations to the Village Board of Trustees.
(3)
To make investigations, maps, reports and recommendations relating to the planning and development of the Village as it deems desirable. This shall include but not be limited to changes in boundaries of districts, recommended changes in the provisions of this chapter, and other land use and development matters, and to act on any matter lawfully referred to it by the Village Board of Trustees.
(4)
To review, act on or provide advisory reports as specified by this chapter.
(5)
To make referrals to other Village departments, boards and/or officials to request advisory opinions to assist the Board in making decisions which affect the development of the Village.
§ 200-43 Appeal from Zoning Administrator.
A.
Standing to appeal. An appeal to the Board of Appeals from any ruling of the Zoning Administrator may be taken by any person aggrieved, or by an officer, board, or bureau of the Village of Palmyra affected thereby.
B.
Time for appeal. Such an appeal shall be taken within 60 days after the filing of any order, requirement, decision, interpretation, or determination of the Zoning Administrator by filing with the Zoning Administrator a notice of appeal, specifying the grounds thereof and the relief sought.
C.
Contents of appeal. All appeals made to the Board of Appeals shall be in writing on forms supplied by the Zoning Administrator. Every appeal shall refer to the specific provision of this chapter, and shall exactly set forth the interpretation that is claimed, the plans for a special use, or the details of the variance that is applied for, in addition to the following information:
(1)
The name and address of the applicant.
(2)
The name and address of the owner of the district lot to be affected by such proposed variance or appeal.
(3)
A brief description and location of the district lot to be affected by such proposed variance or appeal.
(4)
A statement of the present zoning classification of the district lot in question, the improvements thereon and the present use thereof.
(5)
A reasonably accurate description of the present improvements and the additions or changes intended to be made under the application, indicating the size of such proposed improvements, material and general construction thereof. In addition, there shall be attached a plot plan of the real property to be affected, indicating the location and size of the lot and size of improvements thereon and proposed to be erected thereon.
D.
Procedure for Zoning Administrator. Upon receipt of an appeal complying with the provisions of this section, the Zoning Administrator shall transmit to the Board of Appeals all papers constituting the record upon which the action appealed from was taken. All fees due from the appealing party shall be paid prior to such transmittal.
E.
Stay upon appeal. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Administrator certifies to the Board of Appeals, after the notice of appeal shall have been filed with the Zoning Administrator, 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 Zoning Administrator and on due cause shown.
§ 200-44 Procedure for Zoning Board of Appeals/Planning Board.
[Amended 8-1-2016 by L.L. No. 2-2016]
A.
Hearing of appeals. The Zoning Board of Appeals/Planning Board 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. In case of an appeal, alleging error or misinterpretation in any order or other action by the Zoning Administrator, the following persons shall be notified: the applicant and the person or persons, if any, who benefit from the order, requirement, regulation, or determination.
B.
County Planning Board referral. At least five days before a hearing, the Zoning Board of Appeals/Planning Board shall mail notice of the appeal to the Wayne County Planning Board, if required by § 239-m of the General Municipal Law, which notice shall be accompanied by a full statement of the matter under consideration, as set out in § 239-m, Subdivision 1, of the General Municipal Law. The Zoning Board of Appeals/Planning Board shall defer any decision until 30 days after the referral or receipt of the report of the County Planning Board, whichever is earlier.
C.
Compliance with SEQRA. The Zoning Board of Appeals/Planning Board shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and regulations promulgated thereunder, codified in Title 6, Part 617, of the New York Codes, Rules and Regulations.
D.
Time of decision. The Zoning Board of Appeals/Planning Board shall decide upon the appeal within 62 days after the conduct of the hearing. The time within which the Zoning Board of Appeals/Planning Board must render its decision may be extended by mutual consent of the applicant and the Board.
E.
Filing of decision and notice. The decision of the Zoning Board of Appeals/Planning Board on the appeal shall be filed in the office of the Village Clerk within five business days after the date such decision is rendered, and a copy thereof mailed to the applicant.
F.
Expiration of appeal decision. Unless otherwise specified by the Zoning Board of Appeals/Planning Board, a decision on any appeal for a variance or special use permit shall expire if the applicant fails to obtain any necessary building permit or comply with the conditions of said authorization permit within six months from the date of authorization.
§ 200-45 Permitted action by Board of Appeals.
A.
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 Zoning Administrator and to that end shall have all the powers of the Zoning Administrator from whose order, requirement, or decision the appeal is taken.
B.
Use variances.
(1)
The Board of Appeals, on appeal from the decision or determination of the Zoning Administrator, shall have the power to grant use variances, authorizing a use that otherwise would not be allowed or would be prohibited by the terms of this chapter. 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:
(a)
Under the applicable zoning regulations, the applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;
(b)
That 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)
That the requested use variance, if granted, will not alter the essential character of the neighborhood; and
(d)
That the alleged hardship has not been self-created.
(2)
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.
C.
Area variances.
(1)
The Board of Appeals shall have the power, upon an appeal from a decision or determination of law, to grant area variances from the area or dimensional requirements of this chapter. In making its determination, the 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:
(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; and
(e)
Whether 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.
(2)
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.
D.
Special permit. In any instance in which the Board of Appeals is required to consider a proposed special permit, it shall not authorize or approve the proposed permit unless and until it shall first:
(1)
Assure itself that the proposed permit is consistent with the spirit, purpose or intent of this chapter and any additional statement of purpose applying to the particular section.
(2)
Determine that the proposed permit meets the conditions prescribed therefor in the text of this chapter.
(3)
Determine that the proposed special permit will not substantially detract from the use of adjoining property and require such provisions as may be necessary to afford adequate protection for such adjoining property.
(4)
Determine that the streets serving the use are adequate for the requirements, and conditions of traffic will not be created that will adversely affect the neighborhood.
(5)
Consider the effect of the proposed change upon the logical, efficient and economical provision of public services and facilities such as public water, sewers, police and fire protection, public schools and streets.
(6)
Determine that any special standards set forth herein for the particular use are fully met.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(7)
Impose such conditions, in addition to those required, as are necessary to assure that the intent of this chapter is complied with, which conditions may include but are not limited to harmonious design of buildings; planting and its maintenance as a sight or sound screen; the minimizing of noxious, offensive or hazardous elements; adequate standards of parking, lighting and sanitation.
§ 200-46 Establishment of Planning Board.
A.
Establishment. The Planning Board, heretofore created pursuant to the provisions of the Village Law, is hereby continued as now constituted. Each member of the Planning Board shall continue to hold office to the expiration of his present term, at which time the Village Board of Trustees shall appoint a successor as provided by law.
B.
Powers and duties. The Planning Board shall have the following powers and duties:
(1)
To prepare and from time to time change the master or comprehensive plan for the development of the Village.
(2)
To review proposals to approve or disapprove the laying out, closing off, abandonment or changes in lines of streets, highways and public areas and to make recommendations to the Village Board of Trustees.
(3)
To make investigations, maps, reports and recommendations relating to the planning and development of the Village as it seems desirable. This shall include but not be limited to changes in boundaries of districts, recommended changes in the provisions of this chapter, other land use and development matters of importance to the Planning Board, and to act on any matter lawfully referred to it by the Village Board of Trustees.
(4)
To review, act on or provide advisory reports as specified by this chapter.
(5)
To make referrals to other Village Departments, Boards and/or officials to request advisory opinions to assist the Planning Board in making decisions which affect the development of the Village.
(6)
All such powers as are conferred upon Village Planning Boards by the provisions of the Village Law as now or hereafter in effect.
C.
Appointment of members. The members and Chairperson shall be appointed as provided in § 7-718 of the Village Law. The Board of Trustees may provide for compensation to be paid to experts, clerks, and a secretary, and provide for such other expenses as may be necessary and proper, not exceeding the appropriation made by the Board of Trustees for such purpose.
D.
Terms of office. Members of the Planning Board shall be appointed for five-year terms. The Chairperson shall be appointed annually. No member of the Planning Board may serve more than two consecutive terms of five years each.
E.
Vacancy in office. Appointments to fill vacancies shall be for the unexpired term of the member or members whose term or terms become vacant. Appointments to fill such vacancies shall be made in the same manner as the original appointment.
F.
Vacature of office. A member of the Board of Appeals who has failed to attend three consecutive meetings, unless excused by the Chairman or Acting Chairman, shall be considered to have vacated his office unless otherwise ordered by the Board of Trustees.
§ 200-47 Alternate members of Zoning Board of Appeals/Planning Board.
[Amended 8-1-2016 by L.L. No. 2-2016]
A.
The positions of alternate members of the Zoning Board of Appeals/Planning Board are hereby established. There shall be two such alternate members for the Zoning Board of Appeals/Planning Board.
B.
The alternate members of the Zoning Board of Appeals/Planning Board shall serve in the absence, unavailability, or inability of a regular member of such Board to serve. Copies of notices sent to regular members of the Zoning Board of Appeals/Planning Board shall be sent to the respective alternate members. When a meeting of the Zoning Board of Appeals/Planning Board shall be duly noticed and called for discussion, if it shall become apparent that a regular member(s) of the Board will be unable to hear and deliberate upon an application, then the alternate member(s) of the Board, at the call of the Chairman or Clerk of the Board, shall be duly authorized to hear any application, to deliberate and to vote with full force and effect as if duly appointed a regular member of the Board.
C.
The alternate members of the Zoning Board of Appeals/Planning Board shall be appointed for the same term and in the same manner as regularly appointed members.