Skaneateles City Zoning Code
ARTICLE XVI
Zoning Board of Appeals
§ 225-74 Powers and duties.
A.
Zoning Board of Appeals continued. The Zoning Board of Appeals of the Village shall be continued and from the effective date of this chapter shall consist of five members. Except as may be provided elsewhere in this chapter, the Zoning Board of Appeals shall have the powers, functions and duties prescribed by and be subject to all the provisions of §§ 7-712, 7-712-a, 7-712-b and 7-712-c of the Village Law, as amended, which are hereby incorporated by reference, together with such additional powers, functions and duties as may hereafter be provided by law.
B.
Administrative powers. The Zoning Board of Appeals shall be vested with original jurisdiction to exercise the administrative powers expressly provided by this chapter. The Zoning Board of Appeals shall not grant any permit or relief requested by any application requiring the exercise of original administrative powers hereunder, as distinguished from its appellate powers, unless and until it shall hold a public hearing to consider the merits of such application and to hear all pertinent comments and objections regarding such application.
C.
Hearing appeals and vote. The Zoning Board of Appeals shall hear and decide appeals from and review any order, requirement, decision, interpretation, or determination made by an administrative official charged with the enforcement of this chapter. Such Board 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. Such department, agency or employee shall be reimbursed for any expenses incurred as a result of such assistance. The concurring vote of a majority of the members of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of any such administrative official or to grant a use variance or area variance. Such appeal may be taken by any person aggrieved or by an officer, department, board or bureau of the Village.
[Amended 3-22-2004 by L.L. No. 1-2004]
D.
Rules of procedure. The Zoning Board of Appeals may promulgate such rules of procedure and other reasonable regulations, not inconsistent with §§ 7-712, 7-712-a and 7-712-b of the Village Law or with the provisions of any other law, as it may deem necessary and expedient to the orderly and proper performance of its duties and to the exercise of its powers. All decisions of the Zoning Board of Appeals shall be in compliance with such rules.
E.
Meetings of the Zoning Board of Appeals. Meetings of the Zoning Board of Appeals shall be held at sufficiently frequent intervals, at the discretion of the Board, for the efficient conduct of its business. Meetings of such Zoning Board of Appeals shall be open to the public to the extent provided in Article 7 of the Public Officers Law.
§ 225-75 Appeals, variances and interpretations.
A.
Appeals. Appeals to the Zoning Board of Appeals may be taken by any person aggrieved by any decision of any officer charged with the enforcement of this chapter. The decisions which may be appealed to the Zoning Board of Appeals include refusal of a zoning permit or certificate of occupancy by the person designated to issue such permit or certificate. The Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation or determination appealed and shall make such order, requirement, decision, interpretation or determination as in its opinion ought to have been made in the matter by the administrative official charged with the enforcement of such chapter and to that end shall have all the powers of the administrative official whose order, requirement, decision or determination is appealed.
B.
Variances.
(1)
General. Upon appeal in writing from a decision of any officer charged with enforcement of this chapter or a direct application for an area variance as provided in site plan approval, § 225-30E, and after public hearing the Zoning Board of Appeals may vary the strict application of the regulations, requirements and provisions of this chapter.
[Amended 6-24-2002 by L.L. No. 4-2002]
(2)
Guiding principals. The proper exercise of the power to vary or modify the application of the regulations, requirements and provisions of this chapter shall be construed as requiring that:
(a)
The jurisdiction of the Board of Trustees shall not be infringed upon by action of the Zoning Board of Appeals in any matter which should appropriately be the subject for an amendment of this chapter or the Zoning Map.
(b)
The jurisdiction of the Planning Board shall not be infringed upon by action of the Zoning Board of Appeals in any matter, including matters which involve the approval of a plat.
(4)
Use variances.
(a)
The Zoning Board of Appeals, on appeal from the decision or determination of the Code Enforcement Officer, shall have the power to grant use variances, authorizing a use of the land which otherwise would not be allowed or would be prohibited by the terms of this chapter.
(b)
No such use variance shall be granted by the Zoning Board of Appeals without a showing by the applicant and a finding by the Zoning Board of Appeals that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship the applicant shall demonstrate to the Zoning Board of Appeals that for each and every permitted use under this chapter for the particular district where the property is located:
[1]
The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;
[2]
The alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood;
[3]
The requested use variance, if granted, will not alter the essential character of the neighborhood; and
[4]
The alleged hardship has not been self-created.
(c)
The Zoning 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 proved 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.
(5)
Area variances.
(a)
The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of the Code Enforcement Officer, to grant area variances from the area or dimensional requirements of this chapter.
(b)
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 and determine:
[1]
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;
[2]
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
[3]
Whether the requested area variance is substantial;
[4]
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
[5]
Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Zoning Board of Appeals but shall not necessarily preclude the granting of the area variance.
(c)
The Zoning 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.
(6)
Imposition of conditions. The Zoning 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 chapter and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
C.
Interpretation. The Zoning Board of Appeals is hereby authorized, upon an appeal, to hear and decide:
(1)
Any matter where it is alleged by appellants that any officer charged with the enforcement of this chapter was in error in refusing to issue a zoning permit, certificate of occupancy or other permit, as the result of misinterpretation of the meaning or intent or application of any section or part of this chapter.
(2)
Any matter where it is alleged by appellants that any officer charged with the enforcement of this chapter was in error in a determination made by him as to the exact location of a district boundary line on the Zoning Map that forms a part of this chapter.
(3)
Any matter where any officer charged with the enforcement of this chapter is unable to make a determination as to the exact location of a district boundary line due to the fact that the street layout actually on the ground varies from the street layout as shown on the Zoning Map. In any such matter, the Zoning Board of Appeals shall apply the designations shown on the mapped streets in such a way as to carry out the intent and purpose of the Zoning Map for the particular area in question.
§ 225-76 Procedure for appeals and applications.
A.
Appeals.
(1)
Commencement and notice of appeal. To commence an appeal, a notice of appeal shall be filed with the Code Enforcement Officer and the Secretary to the Zoning Board of Appeals in writing, on a form required by the Zoning Board of Appeals.
(2)
Time of appeal. Such appeal shall be taken within 60 days after the filing of any order, requirement, decision, interpretation or determination of the Code Enforcement Officer by filing with such administrative official and with the Zoning Board of Appeals a notice of appeal, specifying the grounds thereof and the relief sought. The administrative official from whom the appeal is taken shall forthwith transmit to the Zoning Board of Appeals all the papers constituting the record upon which the action appealed from was taken.[1]
(3)
Stay upon appeal. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Code Enforcement Officer, from whom the appeal is taken, certifies to the Zoning Board of Appeals, after the notice of appeal shall have been filed with the Code Enforcement Officer, 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 Zoning Board of Appeals or a court of record on application, on notice to the Code Enforcement Officer from whom the appeal is taken and on due cause shown.
(5)
Public notice and hearing. Public notice of any required public hearing by the Zoning Board of Appeals shall be given in accordance with the applicable provisions of the State of New York Village Law and as follows:
[Amended 6-24-2002 by L.L. No. 4-2002]
(a)
Publication. A notice of the public hearing stating the substance of the appeal or application and the names and addresses of the appellants or applicants, describing the property to which it pertains and specifying the time, place and object of the public hearing upon said appeal or application shall be published in the official newspaper of the Village not less than five days prior to the date of such public hearing.
(b)
Written notice. Written notice of the public hearing, as described in Subsection A(5)(a), shall be mailed to each appellant or applicant, to such other property owners in the affected area as shall be determined by the Zoning Board of Appeals not less than five days prior to the date of such public hearing, to any required municipal, county, metropolitan, regional, state or federal agency in the manner prescribed by law, and to the respective addresses of each parcel of real property (if any) in the Village within 200 feet of the premises to which said application shall pertain and addressed to the respective owner or owners thereof. It shall not be necessary to so mail true copies thereof to the owner or owners of any such parcel without a mailing address assigned to such parcel by the United States postal authorities.
(6)
Referral to Planning Board. Written notice of any appeal or application, together with a copy of said appeal or application and the time and place of the public hearing upon said appeal or application, shall be given to the Planning Board not less than 10 days prior to the date of such hearing. The Planning Board shall submit a report of its advisory opinion on said appeal or application within 30 days from the date of such referral. The Zoning Board of Appeals shall take no final action on the appeal or application until receiving the report of the advisory opinion of the Planning Board; except that if the Planning Board fails to submit such report to the Zoning Board of Appeals within 30 days of such referral, such failure shall be interpreted as a favorable opinion for the appeal or application and the Zoning Board of Appeals may take final action without such report.
(7)
Referral to Onondaga County Planning Agency.
(a)
The Zoning Board of Appeals shall refer such matter, including a full statement of such matter, to the Onondaga County Planning Agency for a report and recommendation, pursuant to General Municipal Law § 239-m, before taking final action on any application, appeal or variance affecting real property lying within a distance of 500 feet from the boundary of the Village, or from the boundary of any existing or proposed county or state park or other recreation area, or from the right-of-way of any existing or proposed county or state road or highway, or from the existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines, or from the existing or proposed boundary of any county- or state-owned land on which a public building or institution is situated.
(b)
If the Onondaga County Planning Agency fails to make such report within 30 days after receipt of the referred matter, the Zoning Board of Appeals may act without such report. If the County Planning Agency recommends disapproval, or recommends modification thereof, the Zoning Board of Appeals may act contrary to such disapproval or recommendation only by a vote of a majority plus one of all the members thereof. The Zoning Board of Appeals shall file a report of its action with the County Planning Agency within seven days after such action is taken.
[Amended 6-24-2002 by L.L. No. 4-2002]
(8)
Hearing on appeal. The Zoning Board of Appeals shall fix a reasonable time for the hearing of the appeal or other application referred to it and give public notice of such hearing as provided in Subsection A(5) of this section at least five days prior to the date thereof. Upon the hearing, the Board shall hear all interested persons and any party may appear in person or by agent or attorney.[3]
(9)
Time of decision. The Zoning Board of Appeals shall decide upon the appeal within 62 days after the conduct of said hearing. The time within which the Zoning Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Board.
(10)
Filing of decision and notice. The decision of the Zoning Board of Appeals on the appeal shall be filed in the office of the Village Clerk/Treasurer within five business days after the day such decision is rendered and a copy thereof mailed to the applicant.
(11)
Records. The Zoning Board of Appeals shall cause a record to be made of every public hearing held by said Board which shall be filed with the Secretary of the Zoning Board of Appeals and shall also compile and keep adequate written records of its proceedings and determinations and the disposition of each application and all proceedings had thereunder, all of which shall constitute public records. The Zoning 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 examinations and other official actions.
[Amended 6-24-2002 by L.L. No. 4-2002]
(12)
Filing requirements. Every rule, regulation, amendment or repeal thereof, and every order, requirement, decision or determination of the Zoning Board of Appeals, shall be filed in the office of the Village Clerk/Treasurer within five business days after the day such is rendered and shall be a public record.
B.
Notice of application. Notice of application to the Zoning Board of Appeals for a special use permit or other exercise of administrative power granted to the Zoning Board of Appeals by this chapter shall be filed with the Code Enforcement Officer and the Secretary of the Zoning Board of Appeals and shall have annexed thereto any information required by the provisions of this chapter to accompany such application.
C.
Fees and expenses to accompany applications or appeals. The Board of Trustees shall periodically promulgate a schedule of fees and expenses to be assumed by each applicant or appellant for an application or appeal which shall include expenses incurred by the Zoning Board of Appeals for administrative and expert assistance. An appropriate fee shall accompany each original application or appeal presented before the Zoning Board of Appeals and shall be paid to the Clerk/Treasurer of the Village upon the filing of the application or appeal to be considered.
D.
Expert assistance expenses. On any application or appeal, the applicant or appellant shall be obligated to pay for all reasonable expert assistance fees, including but not limited to engineering services, attorney services, architect services, surveyor services, and any other costs, fees or expenses which are deemed necessary in conjunction with said application or appeal, required by and as determined by the Zoning Board of Appeals through and including the date of application for the certificate of occupancy or certificate of completion. The Zoning Board of Appeals shall obtain and provide a written estimate for the cost of such expert assistance to the applicant or appellant. The applicant or appellant shall deposit such estimated sum in an account with the Clerk/Treasurer of the Village prior to performance of such assistance. Any deficiency or surplus in such account existing prior to the issuance of the certificate of occupancy or certificate of completion shall be paid by or refunded to the applicant or appellant.
[Amended 6-24-2002 by L.L. No. 4-2002; 4-27-2023 by L.L. No. 4-2023]
E.
Rehearing. A motion for the Zoning Board of Appeals to hold a rehearing to review any order, decision or determination of the Board not previously reheard may be made by any member of the Board. A unanimous vote of all members of the Board then present is required for such rehearing to occur. Such rehearing is subject to the same notice provisions as an original hearing. Upon such rehearing the Board may reverse, modify or annul its original order, decision or determination upon the unanimous vote of all members then present, provided the Board finds that the rights vested in persons acting in good faith in reliance upon the reviewed order, decision or determination will not be prejudiced thereby.
§ 225-77 Authority to issue and revoke permits.
The Zoning Board of Appeals shall have the power and authority to grant a zoning permit or other permit or approval either unconditionally or conditionally or temporarily in any proceedings hereunder upon such terms and conditions and subject to such restrictions as it shall deem reasonably desirable, expedient or necessary to assure the carrying out of the purposes and intent of this chapter in the public interest. Upon the violation of any such permit, said Board may summarily revoke any such permit and resort to injunctive relief in any court of competent jurisdiction, if necessary, to enforce its mandate.
§ 225-78 Authority to issue new permit upon expiration of previous permit.
Within six weeks prior to the expiration of any use formerly permitted by the Zoning Board of Appeals, said Board may consider a new application requesting another permit to continue such temporary use for an additional period of time, but it shall be the duty of said Board to consider and act upon said application de novo, pursuant to the provisions hereof, under the conditions then existing.