Spencerport City Zoning Code
ARTICLE X
Zoning Board of Appeals
§ 340-61 Appointment; alternate members.
A.
Pursuant to § 7-712 of the Village Law, the Zoning Board of Appeals of the Village of Spencerport shall consist of five members appointed in such a manner and for such terms as provided in the Village Law. For the purpose of initiating a Zoning Board of Appeals under this chapter, the normal continuance of the existing Zoning Board of Appeals is established.
B.
Alternate members. There shall be two alternate members of the Zoning Board of Appeals, who may serve when a regular member is unable to participate because of a conflict of interest or absence. Whenever possible, alternate members shall rotate their service, but the Chairman of the Zoning Board of Appeals shall have the final power to designate which alternate member is selected to hear and decide a particular case. The alternate members shall be appointed by the Mayor, subject to approval by the Board of Trustees, for terms of three years, the terms ending on the last day of the official year. When so designated, the alternate member shall possess all the powers and responsibilities as the member for whom a substitution is made. The designation of an alternate member to hear and decide a case shall be entered into the minutes of the Zoning Board of Appeals.
§ 340-62 Powers and duties.
The Board of Appeals shall have the power to hear and decide appeals from any order, decision or determination of the Building Inspector or other administrative officer charged with the enforcement of this chapter, and in passing upon such appeals, it shall have power to vary or modify the application of any of the provisions of this chapter relating to the use, construction or alteration of buildings or structures or the use of land to the extent permitted by the Village Law. It shall have the power to grant special permits when required under this chapter. It may adopt rules governing the taking, hearing and determination of appeals, the application for special permits and other matters over which it has jurisdiction, consistent with the provisions of this chapter. It shall administer and enforce this chapter, acting through the Building Inspector or such other persons as it may designate, and may, upon application, extend the date for the completion of the erection or alteration of any structure and the duration of the permits therefor. It shall have such other powers and duties as provided by the Village Law and any amendments thereto and by this chapter and any amendments thereto.
§ 340-63 Variances; appeals.
A.
Any person aggrieved by the granting or refusal of any permit or by any order, decision or determination of the Building Inspector or other administrative official charged with the enforcement of this chapter, and any officer, department, board or bureau of the Village, may appeal to the Board of Appeals within 60 days from the date of the determination appealed from. Notice of appeal shall be in writing and shall be filed with the Board of Appeals and served upon the Chairman or Clerk and upon the officer from whose order or decision the appeal is taken.
B.
Such notice of appeal shall specify the order, ruling, decision or determination from which the appeal is taken, and if the appeal involves the granting of a variance or modification of any of the provisions of this chapter, such notice of appeal shall specify that a variance or modification is requested and the nature of the same.
C.
Any such appeal shall be taken, heard and determined in accordance with the provisions of Article 7 of the Village Law and the rules of the Board of Appeals.
D.
The appellant shall file with the appeal all papers submitted with the original application for a permit or certificate of occupancy.
E.
In the case of an area variance involving setbacks, the applicant must submit an instrument survey, prepared by a surveyor licensed in the State of New York, showing the existing setbacks within 1/10 foot. Tape location maps, or any map on which there is a notation that it is not to be used for building location, are not acceptable for this purpose.
F.
At the time of filing this appeal, the Building Inspector shall cause the appellant to pay such fees as are from time to time set by resolution of the Village Board of Trustees.
G.
The notice of the hearing for a variance shall be published in accordance with Village Law.
H.
As a courtesy, notices shall also be mailed to all property owners within 200 feet in all directions at least 10 days before the date of the hearing. This mailing shall be based on the names and addresses set forth on the most recent Village tax bills. Mailing of notices shall not be deemed to be jurisdictional, and failure to send these notices shall not be deemed to invalidate the hearing or any decision made. The publication of the legal notice shall be deemed to be sufficient notice.
I.
Should an area variance for a setback be granted, prior to the issuing of a certificate of occupancy, certificate of appropriateness or a certificate of compliance, the Building Inspector shall require an as-built instrument survey of the setback line(s) impacted with the same requirements as in Subsection E above.
§ 340-64 Special exceptions.
When, in the judgment of the Board of Appeals, the public convenience and welfare will be substantially served and the appropriate use of neighboring property will not be injured thereby, the Board of Appeals may, in a specific case, after due notice and public hearing and subject to appropriate conditions and safeguards, grant special exceptions to the regulations of this chapter in harmony with their general purposes and intent as follows:
A.
Grant temporary and conditional permits for not more than two years for temporary structures and uses in contravention of the requirements of this chapter, provided that such uses are not prejudicial to adjoining and neighboring sections already developed.
B.
Permit such modification of the requirements of these regulations as it may deem necessary to secure the appropriate development of a lot where adjacent to such lot on two or more sides there exist nonconforming uses.
C.
Permit such variation of the yard or open space or lot area or lot width requirements of this chapter, or the location of any accessory use nearer the rear or side yard line as may be necessary to secure an appropriate improvement of a parcel of land, where such parcel was separately owned at the time of the adoption of this chapter and is of such restricted area or exceptional topography that it cannot be appropriately used or improved without such variation.
D.
Permit the extension of an existing building and the existing use thereof upon the lot occupied by such building at the time of the adoption of this chapter or permit the erection of an additional building upon a lot occupied at the time of the adoption of this chapter by a business or industrial establishment, which additional building is part of such establishment.
E.
Permit the extension of a building or use into a more restricted district immediately adjacent thereto by not more than 50 feet beyond the boundary line of the district in which said building or use is authorized and under such conditions as will safeguard the character of the more restricted district.
F.
Permit public utility or public service uses of public buildings in any district when found to be necessary for the public convenience, health, safety, morals or general welfare.
G.
Any special exception granted by the Board of Appeals pursuant to this section shall become null and void unless exercised within one calendar year from the date so granted, provided that such time may be extended upon application to the Board.