Penn Yan City Zoning Code
ARTICLE XII
Zoning Board of Appeals
§ 202-76 Establishment and duties.
[Amended 10-16-2018 by L.L. No. 5-2018; 5-20-2025 by L.L. No. 3-2025]
A.
The Village Mayor shall appoint members of the Zoning Board of Appeals consisting of five members and two alternate members subject to the approval of the Board of Trustees. All members and alternate members shall be residents of the Village of Penn Yan at the time of appointment and throughout their term of office. The Mayor shall designate the Chairperson of the Zoning Board of Appeals at the time of appointment of the members.
B.
Members shall be appointed for terms of one year. In the event that a vacancy shall occur other than by expiration of term, such vacancy shall be filled by appointment by the Mayor for the unexpired term subject to the approval of the Board of Trustees. Terms shall commence on the first Monday in April of each year. Existing terms of office exceeding one year in length shall become one-year terms upon expiration of the existing terms subsequent to the effective date hereof.
C.
Any member or alternate member may be removed for cause by the Board of Trustees, subsequent to public hearing. Such public hearing shall be held upon 10 days' written notice to the member or alternate member who is subject to such removal. Such written notice shall include the facts alleged to create the cause for removal from the Zoning Board of Appeals.
D.
Each Zoning Board of Appeals member and alternate member shall comply with the training requirements of Village Law § 7-712, Subdivision 7-a, which shall be a minimum of four hours per year as more specifically provided for in said Section of the Village Law. Training hours in any year shall not be carried over to subsequent terms of office. Training shall occur by Board members and alternate members as a group with discussion thereof by member as a unit.
E.
The Board of Trustees shall also provide for such expenses of the Zoning Board of Appeals as may be necessary and proper.
F.
Staff. The Zoning Board of Appeals may employ such clerical or other staff assistance as may be necessary and prescribe their duties, provided that it shall not at any time incur expenses beyond the amount of the appropriations made by the Village Board of Trustees for that purpose.
G.
Powers and duties. The Zoning 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, including all variance applications.
H.
All variance applications shall be subject to a public hearing. The Board shall fix a time and place for a public hearing thereon and shall provide for the giving of notice as follows:
(1)
By publishing a notice in the official newspaper not less than five days prior to the public hearing date.
(2)
By posting a notice on the official Village billboard at the Village Hall no less than five days prior to the public hearing date.
(3)
By requiring a white-with-black-lettering sign or signs, measuring not less than two feet high and two feet wide, which shall be prominently displayed on the premises subject to the variance application facing each public street on which the property abuts, giving notice that an application for an appeal is pending and a phone number to contact for information on the appeal. The sign shall not be set back more than 10 feet from the street line or sidewalk. The signs shall be placed by Village personnel and shall not be removed or relocated prior to the hearing on the variance. The sign shall be furnished by the Zoning Board of Appeals and shall remain the property of the Village, shall be removed by Village personnel subsequent to the hearing and shall be placed not less than three feet nor more than six feet above the grade at the street line. The sign shall be displayed for a period of not less than seven days immediately preceding the public hearing date. By submission of an application for a variance, the property owner consents to the notice sign(s) being placed on the subject property by Village personnel in accordance herewith.
(4)
In the event that the land involved in an application for a variance is within 500 feet of the boundary of the Village, notice of the public hearing shall also be mailed to the municipal clerk of the Town from which the Village boundary line is located within 500 feet from the subject property, at least 10 days in advance of the public hearing date.
I.
Rules of procedure: bylaws; forms. The Zoning Board of Appeals shall have the power to make, adopt and promulgate such written rules of procedure, bylaws and forms as they may deem necessary for the proper execution of their duties and to secure the intent of this chapter.
J.
Zoning Board of Appeals expenses.
(1)
In addition to any fee established by the Board of Trustees for application to the Zoning Board of Appeals, costs projected to be incurred by the Zoning Board of Appeals for consultation/experts fees with respect to engineering, legal, architectural, surveying or other like expenses related to the application shall be the sole responsibility of the applicant.
(2)
Upon receipt of an application, the applicant and the applicant's representative, if any, shall receive a written notice of this responsibility. The determination of the need for retaining such consultants/experts shall be in the sole discretion of the Zoning Board of Appeals and consultants/experts shall be chosen solely by the Zoning Board of Appeals.
(3)
The Zoning Board of Appeals shall notify the applicant as soon as is reasonably possible of the need for such consultants/experts. Such notification shall be in writing directed to the applicant and the applicant's representative, if any. In the event that such a determination is made during a meeting at which the applicant and/or the applicant's representative is present, such determination shall be made known verbally and placed in the record of the meeting, followed up with the written notification specified above.
(4)
The applicant shall be advised of an estimate of the costs of such consultant(s)/expert(s). Reasonable efforts shall be made to advise applicant of the estimated costs for such consultant(s)/expert(s). Any changes in the costs for consultants shall be made known to applicant and/or applicant's representative as soon as is reasonably possible. Any change in cost shall not relieve applicant of responsibility for payment.
(5)
In any event, payment of any such costs incurred by the Village for consultants for the site plan review shall be paid to the Village by or on behalf of the applicant prior experts to issuance of any decisions by the Zoning Board of Appeals.
(6)
In the alternative, the Zoning Board of Appeals may determine, in its sole reasonable discretion, that the applicant be required to establish an escrow fund with the Village of Penn Yan. That determination and the amount of the escrow fund shall be based upon the perceived complexity of the matter being heard, the type and number of consultants/experts that may be required and the estimated cost for such consultation(s)/expert(s). The refusal of an applicant to establish an escrow fund as directed by the Zoning Board of Appeals shall result in disapproval of the application. Consultant/expert costs shall be paid from the applicant's escrow fund. Upon completion of the application and payment of all consultant/expert costs, any balance remaining in the applicant's escrow fund shall be refunded to the applicant. Escrow funds shall be deposited with a banking institution under the name of the Village of Penn Yan. Such escrow funds shall be managed pursuant to standard municipal finance guidelines.
§ 202-76.1 Alternate members of Zoning Board of Appeals.
[Added 3-9-2004 by L.L. No. 2-2004]
A.
Two alternate members for the Zoning Board of Appeals shall be appointed by the Mayor, subject to the consent of the Board of Trustees, for a term which expires at the end of the official year in which the alternate member is appointed. The Mayor shall designate which of the alternate Board members will substitute on the first occasion that service of an alternate Board member is deemed necessary and shall also designate the order in which alternate Board members will serve on such subsequent occasions.
B.
When a member of the Zoning Board of Appeals is expected to be absent or is absent for good cause or recuses himself or herself for proper cause from considering and voting on a particular application or matter, the Chairperson of the Board may designate an alternate Board member to substitute for such regular Board member. Such designation shall be made in accordance with the list of alternate Board members created pursuant to Subsection A hereof.
C.
When designated to substitute for a regular Board member, alternate Board members shall possess all the powers of a regular member of the Board. Such designation shall be entered into the minutes of the initial Board meeting at which the substitution is made. An alternate Board member may consider and vote on an application made or recommendations sought prior to designation of the alternate Board member. Any recommendation, decision or determination of the Board which includes the vote of one or more alternate Board members shall have equal force and effect as recommendations, decisions and determinations made solely by a vote of the regular members of the Board, provided that Subsection E of this section has been complied with.
D.
All provisions of law, regulation and policy relating to the training, continuing education, meeting attendance, compensation, eligibility, vacancy in office, removal, and service which apply to a regular Zoning Board of Appeals member shall apply to alternate members.
E.
In the event of the substitution of an alternate member for the purposes of providing a quorum for the Zoning Board of Appeals, such alternate member shall not participate in any vote taken by such Board unless that alternate member has first fully reviewed all of the record, documentation and minutes of previous proceedings pertaining to the matter being voted upon.
F.
This section supersedes New York State Village Law to the extent that said law limits the numbers of Board members, fails to provide for appointment of and substitution by alternate Board members and prohibits Board members from taking part in consideration of any matter for which application was on file prior to the alternate member's appointment.