Southeast City Zoning Code
ARTICLE XIV
Zoning Board of Appeals
§ 138-90 Membership; meetings; powers and duties.
[Amended 7-16-1998 by L.L. No. 4-1998; 6-5-2025 by L.L. No. 4-2025]
A.
The Zoning Board of Appeals, consisting of seven members, established by the Town Board, pursuant to § 267 of the Town Law of the State of New York, shall continue with all powers and duties prescribed by law and by this chapter. Successors to the members of the Zoning Board of Appeals shall be appointed for terms of five years. Any vacancy shall be filled for the unexpired term.
B.
All meetings of the Zoning Board of Appeals shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member on every question. If a member is absent or fails to vote, the minutes shall indicate such fact. The concurrent vote of four members of the Board shall be necessary to decide in favor of the applicant any matter upon which the Board is required to pass under the provisions of this chapter.
C.
The Zoning Board of Appeals shall have all the powers and duties prescribed by law, including those more specifically specified as follows:
(1)
Appeals.
(a)
The Zoning Board of Appeals shall hear and decide appeals from and review any order, requirement, decision or determination made by an administrative official or agency charged with the enforcement of this chapter. Such appeal shall be taken by filing with the Zoning Board of Appeals a notice of appeal, specifying the grounds thereof. The administrative official or agency shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
(b)
The Zoning Board of Appeals may reverse or affirm, wholly or partially, or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as, in its opinion, ought to be made in the premises, and to that end shall have all the powers of the Building Inspector and/or Zoning and Town Code Enforcement Officer from whom the appeal is taken.
(2)
Variances.
(a)
Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, the Zoning Board of Appeals shall have the power, in passing upon appeals, to vary or modify the application of any of the regulations or provisions of this chapter relating to the use, construction or alteration of buildings or structures or the use of the land, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. No variation of adjustment in the strict application of any provisions of this chapter shall be granted by the Zoning Board of Appeals unless it finds that:
[1]
The hardship is due to unique circumstances and not to general conditions in the neighborhood.
[2]
The hardship shall not have resulted from any act of the applicant subsequent to the date of adoption of the provision or provisions appealed from whether in violation of such provision or not.
[3]
For reasons fully set forth, in the findings of the Board, the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of such land or building and that the variance granted is the minimum variance necessary for such reasonable use.
[4]
The granting of the variance will be in harmony with the intent of this chapter, will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(b)
The concurring vote of a majority of the members of such Board shall be necessary to reverse any order, requirement, decision or determination of the Building Inspector or Zoning and Town Code Enforcement Officer or to decide in favor of the applicant any matter upon which it is required to pass under this chapter or to effect any variation in such chapter.
(3)
Interpretations.
(a)
Where a question arises concerning a definition or applicability of a provision contained in this chapter, the Zoning Board of Appeals shall have the authority to issue a formal written interpretation.
(b)
The Zoning Board of Appeals shall render such interpretations upon written request by the Building Inspector and/or Zoning and Town Code Enforcement Officer, Town Board, Planning Board, an applicant, or any person aggrieved. The Zoning Board of Appeals shall issue an official interpretation within 60 days of the request.
D.
The Zoning Board of Appeals shall fix a reasonable time for the hearing of the appeal, variance or other matters referred to it. In addition to the posting of public notice required by § 138-44A of this chapter, notice of the public hearing shall be published at least five days prior to the hearing in the official newspaper and shall be mailed by the applicant or appellant at least 10 days prior to the hearing to all owners of lots located within the proximity to the subject premises as set forth in § 138-44B(3) of this chapter. The expense of publishing and mailing any notice required by this article shall be paid by the applicant or appellant, as the case may be, and the applicant or appellant must file with the Secretary of the Zoning Board of Appeals an affidavit of mailing with a list of the names of the owners of record of the property within the requisite proximity of the subject premises, together with the section and lot number of each, with such written notice prior to the public hearing.
E.
The resolution of the Zoning Board of Appeals shall be recorded in the minutes of its proceedings. A copy thereof shall be filed with the Town Clerk, and one copy shall be mailed to the applicant.