Schroeppel City Zoning Code
ARTICLE XIX
Board of Appeals
§ 95-104 Continuation of existing Board; terms; vacancies; removal of members.
A.
The existing Board of Appeals consisting of five members is hereby continued. Their successors shall be appointed in accordance with the provisions of the Town Law. The Town Board shall designate the Chairman from the Board of Appeals membership. The Board of Appeals shall appoint a Secretary and shall prescribe rules for the conduct of its affairs.
B.
Successors to the existing Board of Appeals shall be appointed for a term of five years following the expiration of the terms of their predecessors in office. If a vacancy occurs otherwise than by expiration of term, it shall be filled by the Town Board for appointment for the unexpired term.
C.
The Town Board shall have the power to remove any member of the Board of Appeals for cause after a public hearing.
D.
Alternate member of the Board. 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.
[Added 6-3-1998 by L.L. No. 1-1998]
E.
Authorization for alternate member to participate on an application before the Board. 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.
[Added 6-3-1998 by L.L. No. 1-1998]
F.
Application of law. 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.
[Added 6-3-1998 by L.L. No. 1-1998]
§ 95-105 Meetings; quorum; minutes.
A.
Meetings shall be held at the call of the Chairman of the Board of Appeals and at such other times as the Board of Appeals may determine.
B.
A quorum shall consist of an absolute majority of the total membership of the Board of Appeals, and, in order to reverse a decision of the Building Inspector or authorize a variance, an affirmative vote of an absolute majority of the total membership of the Board of Appeals shall be required.
C.
The Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon each question, and shall keep records of its examinations and other official actions.
§ 95-106 Appeals and applications.
A.
Time limitations. No appeal to the Board of Appeals or request for review from any order, requirement, decision or determination of the Building Inspector shall be filed later than 30 days from the date of the filing of the order, requirement, decision or determination in the office of the Building Inspector. No appeal taken to the Board of Appeals after any other time limitation set forth in this chapter shall be valid.
C.
Application forms. All applications and appeals to the Board of Appeals shall be in writing on official forms, containing such information as required by the Board of Appeals. Such official forms shall be subject to Town Board approval.
§ 95-107 Public notice of hearing; other notices; affidavit.
A.
The Board of Appeals shall give public notice as required by law of any hearing, by publication in an official paper or papers of a notice of hearing at least five days prior to the time thereof, and shall, at least five days before a hearing, mail notice thereof to the Regional State Park Commission having jurisdiction over any state park or parkway within 500 feet of the property affected by such appeal or application.
B.
The Board of Appeals shall require that the Secretary to the Board of Appeals give notice to the owners of property adjoining and opposite the property affected by such application or appeal, by mailing a copy of such notice to such persons, as their names and addresses appear on the last assessment roll of the Town, but failure to give such additional notice shall not invalidate any action of the Board of Appeals or affect its jurisdiction, nor shall the giving of such additional notice render any person an aggrieved person, who otherwise is not aggrieved under law.
C.
The Board of Appeals shall furnish the applicant or appellant with distinctive posters to be emplaced in a conspicuous place visible from every street along the frontage of the plot affected by said application or appeal, and the same shall remain in place as posted until after the public hearing.
D.
The applicant or appellant shall, prior to or at the public hearing, furnish the Board of Appeals with an affidavit of compliance with this requirement. However, failure to comply with this requirement shall not deprive the Board of Appeals of its jurisdiction or affect any decision, but shall be due cause for the Board of Appeals to refuse to hear the application or appeal or to adjourn the hearing or to require further notice.
§ 95-108 Review by Planning Board.
[Amended 7-21-1999 by L.L. No. 3-1999]
The Board of Appeals shall submit or cause to be submitted any application for a use variance, together with any supporting papers relating thereto, to the Town Planning Board, for its review and recommendation prior to the Board of Appeals taking action to approve or deny such application. The Town Planning Board shall review such application at its first regularly scheduled meeting after its receipt of such referral and shall report its recommendations to the Board of Appeals. The failure of the Planning Board to provide its recommendation to the Board of Appeals within 30 days shall be deemed to constitute a "no position" determination by the Planning Board.
§ 95-109 Time limit for decision; appeals.
The Board of Appeals shall render and file its decision not later than 60 days after the close of the public hearing on the application or appeal. The failure of the Board of Appeals to take any action shall be deemed a denial of the requested action. An appeal from any such determination shall be made by any person aggrieved directly to the Supreme Court of the State of New York in an Article 78 proceeding within 30 days from such order, determination, requirement or decision. The Board of Appeals will forward a copy of its decision to the Planning Board within 30 days of its decision.
§ 95-110 Powers and duties.
A.
The Board of Appeals shall have all powers and duties prescribed by law, which are particularly specified as follows:
(1)
To hear and decide appeals from and review any order, requirement, decision or determination of any administrative official charged with enforcement of this chapter. The Board of Appeals shall not hear any appeal from, nor review any order, determination, requirement, decision or revocation of, the Building Inspector where such order, determination, requirement, decision or revocation has been directed by the Town Board.
(2)
To hear and decide all matters referred to it or upon which it is required by this chapter to pass.
(3)
Where practical difficulties or unnecessary hardships prevent strict adherence to the letter of this chapter, in passing upon appeals, to vary or modify the application of any regulation or provision of this chapter relating to the use, construction or alteration of buildings or structures or the use of land, except as such power is specifically reserved by or delegated to either the Town Board or the Planning Board by this or other provisions of this chapter so that the spirit of the chapter is observed, public safety and welfare are secured and substantial justice is done.
(4)
To grant any extension or modification as provided in this chapter.
B.
The enumeration of these specific powers is not intended to exclude thereby any other power set forth in the Town Law or this chapter.