Saratoga City Zoning Code
ARTICLE XIII
Zoning Board of Appeals
§ 400-64 Organization.
Pursuant to the provisions of the Town Law applicable thereto, there is hereby established a Board of Appeals of seven members to be appointed by the Town Board.
§ 400-65 Procedure.
A.
The Board of Appeals, consistent with the provisions of the Town Law applicable thereto, shall determine its own rules of conduct and procedure. A majority of the Board shall constitute a quorum which is required to be present in the conduct of its hearings, and in acting upon all matters, the concurrence of a majority of the Board is required.
B.
The Zoning Board of Appeals, in its discretion, may request that the Town Planning Board submit an advisory opinion on pending appeals. Such requests shall be made in a manner that does not interfere with timely review.
[Amended 10-13-1986 by L.L. No. 3-1986]
C.
Every decision after public hearing of the Board of Appeals shall be by resolution, each of which shall contain a full record of the findings of the Board in the particular case. Each such resolution, together with all documents pertaining thereto, shall be filed in the office of the Town Clerk, by case number under one or another of the following headings: Interpretations, and Use and Area Variances. The Board of Appeals shall notify the Town Board and the Planning Board of each variance granted under the provisions of this chapter and shall also notify all parties involved of its decision and reasons therefor. The Board of Appeals shall keep adequate written records of all public hearings and considerations, including a record of the vote on all decisions.
§ 400-66 Powers.
A.
Interpretation. Upon appeal from a decision by the Zoning Officer, the Board of Appeals shall decide any questions involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary if there is uncertainty with respect thereto.
B.
Review. The Board of Appeals shall hear and decide appeals from and review any order, requirement, decision or determination made by the Zoning Officer.
C.
Area variances.
(1)
Except as otherwise provided herein, where there are practical difficulties in the way of carrying out the strict letter of this chapter pertaining to area regulations, the Zoning Board of Appeals shall have the power, in passing upon appeals, to vary or modify yard requirements, setback lines, lot coverage, frontage requirements, height requirements, and density regulations.
(2)
When considering requests for area variances, the Zoning Board of Appeals shall employ the following considerations to determine practical difficulty:
(a)
How substantial the variation requested is in relation to the requirement(s) of this chapter.
(b)
Whether a substantial change will be produced in the character of the neighborhood or a substantial detriment to adjoining properties will be created.
(c)
Whether the difficulty can be obviated by some method, feasible for the applicant to pursue, other than a variance.
(d)
Whether, in view of the manner in which the difficulty arose and considering all of the above considerations, the interests of justice will be served by allowing the variance.
(3)
In granting an area variance the Zoning Board of Appeals shall grant only the minimum relief necessary to allow reasonable use of the lot in question.
D.
Use variances.
(1)
Except as otherwise provided herein, when the literal application of this chapter pertaining to use of land will result in unnecessary hardship, the Zoning Board of Appeals shall have the power in passing upon appeals to vary the use requirements of this chapter.
(2)
When considering requests for use variances, the Zoning Board of Appeals shall be guided by the following:
(a)
The land in question cannot yield a reasonable return if used only for a purpose allowed in the zoning district in which it is located. The applicant must show that he is suffering a hardship because of the zoning regulations; that his property cannot be put to a permitted use that will provide a "reasonable" return under normal conditions. Proof of a more profitable return if the variance is granted is not in itself evidence of hardship.
(b)
The modification or use to be authorized will not alter the essential character of the area. The proposed modification of the property must not materially change the essential character or quality of the neighborhood and the spirit of this chapter will be preserved.
(4)
The Zoning Board of Appeals may, in granting a use variance, impose special conditions deemed necessary and reasonable to maintain neighborhood character and protect adjacent properties.
§ 400-67 Referrals to County Planning Board.
A.
Prior to taking action on any matter which would cause any change in the regulations or use of land or building on real property as specified in § 239-m of the General Municipal Law, the Zoning Board of Appeals shall refer such matter to the County Planning Board.
B.
If, within 30 days after such referral, the County Planning Board disapproves the proposal or recommends modification thereof, the Zoning Board of Appeals shall not act contrary to such disapproval or recommendation except by a majority vote plus one of all the members thereof and after the adoption of a resolution fully setting forth the reasons for such contrary action.
C.
If the County Planning Board fails to report within such thirty-day period or such longer time period as may have been agreed upon, the Zoning Board of Appeals may act without such report.
§ 400-68 Decisions.
Decisions by the Zoning Board of Appeals shall be made not later than 35 days from the date of public hearing.
§ 400-69 Fees.
[Amended 5-14-2007 by L.L. No. 1-2007]
Applications to the Zoning Board of Appeals for an area or use variance shall be accompanied by a fee of $150.