Solvay City Zoning Code
ARTICLE III
Board of Appeals
§ 165-20 Establishment; membership.
The Board of Trustees shall establish and the Mayor shall appoint, subject to approval of the Board of Trustees, a Board of Appeals consisting of five members, each of whom shall serve for a term of five years. The Board of Appeals shall act not only as members of the Board of Appeals but also as members of the Planning Commission.
§ 165-20.1 Alternate member of the ZBA/Planning Board.
[Added 1-22-2019 by L.L. No. 1-2019]
A.
The Mayor of the Village of Solvay may appoint an alternate member to the Zoning Board of Appeals/Planning Board, subject to approval by the Village Board of Trustees. Such member, if appointed, would serve when a regular member of the Zoning Board of Appeals/Planning Board is unable to participate due to a conflict of interest, is absent or is otherwise unable to participate on an application or matter before the Zoning Board of Appeals/Planning Board. An alternate member of the Zoning Board of Appeals/Planning Board shall be appointed for a term of one year.
B.
The chairperson of the Zoning Board of Appeals/Planning Board may designate an alternate member to substitute for a regular member of the Zoning Board of Appeals/Planning 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 Zoning Board of Appeals/Planning Board meeting at which the substitution is made.
C.
All provisions of state law relating to Zoning Board of Appeals/Planning Board 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 Zoning Board of Appeals/Planning Board appointed pursuant to this section.
§ 165-21 Meetings; minutes and records.
A.
All meetings of the Board of Appeals shall be public.
§ 165-22 Powers and duties.
[Amended 10-8-1991 by L.L. No. 4-1991]
The Board of Appeals shall hear and decide appeals from and may review or reverse any order, requirement, decision or determination made by the Code Enforcement Officer or the Building Inspector charged with the enforcement of this chapter or any law pertaining thereto. It shall also hear and decide all matters referred to it or upon which it is required to pass under this chapter or the Village Law of the State of New York. Such appeal may be taken by any person aggrieved or by any officer or board of the village. Such Board of Appeals shall have all the rights, powers and duties now granted to or imposed upon it by the Village Law of the State of New York. The Board of Appeals shall also hear and decide applications for special permits pursuant to § 165-31.
§ 165-23 Granting of variances.
[Amended 10-8-1991 by L.L. No. 4-1991]
Where undue or unnecessary hardship would occur or practical difficulties prevent the strict carrying out of the letter of any provision of this chapter, the Board of Appeals shall have the power in a specific case, after due notice, to conduct a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard, and to vary the application of the regulations herein contained in harmony with the general purpose and intent of this chapter, so that the public health, safety and general welfare may be secured and substantial justice done. At least seven days' notice of the time and place of any public hearing shall be published in the official paper in the Village. The Village Clerk shall also give written notice of public hearings to all property owners immediately adjacent on all sides of the area under consideration for an area or use variance or special permit.
§ 165-24 Time limit for fulfilling variance.
Any variance granted by the Board of Appeals shall be fulfilled within a period of one year after the date of the granting thereof.