Victor Village City Zoning Code
ARTICLE IX
Zoning Board of Appeals
§ 170-43 Membership; terms; officers.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Mayor shall appoint the Zoning Board of Appeals, consisting of five members, and the Chairperson hereof, subject to the approval of the Board of Trustees. The term of office of all members of the Zoning Board of Appeals shall be five years. Vacancies occurring in such Board by expiration of term or otherwise shall be filled by appointment by the Mayor, subject to approval of the Board of Trustees. The Zoning Board of Appeals shall appoint a Secretary and shall prescribe rules for the conduct of its affairs.
§ 170-44 Powers and duties.
The Zoning Board of Appeals shall have such duties and powers as are set forth by law and in various sections of this chapter and shall have the further power to establish and from time to time amend or repeal rules and regulations for carrying out its powers and duties, including the hearing of appeals and giving notices thereof.
§ 170-45 Appeals; hearing.
Any determination by any Village official under this Zoning Ordinance may be appealed to the Zoning Board of Appeals by any person deeming himself adversely affected by such determination. A public hearing shall be held on all appeals. Notice of such hearing shall be given by publication in the official newspaper of the Village of Victor at least 10 days before the date of the public hearing. Written notice of such hearing mailed to the applicant or his agent at the address given on the application for appeal and to directly affected property owners or their agents more than 10 days prior to the date set forth for the proposed hearing in such manner as the Board and its rules of procedure shall prescribe shall be legal notice to such persons.
Voting requirements.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Decision of the Board. Except as otherwise provided in Subdivision 12 of § 7-712-a of NY Village Law, every motion or resolution of a Board of Appeals shall require for its adoption the affirmative vote of a majority of all the members of the Board of Appeals as fully constituted regardless of vacancies or absences. Where an action is the subject of a referral to the county planning agency or regional planning council, the voting provisions of § 239-m of the General Municipal Law shall apply.
Default denial of appeal. In exercising its appellate jurisdiction only, if an affirmative vote of a majority of all members of the Board is not attained on a motion or resolution to grant a variance or reverse any order, requirement, decision or determination of the enforcement official within the time allowed by Subdivision 8 of § 7-712-a of NY Village Law, the appeal is denied. The Board may amend the failed motion or resolution and vote on the amended motion or resolution within the time allowed without being subject to the rehearing process as set forth in Subdivision 12 of said section.
§ 170-46 Use variances.
The Board of Appeals, on appeal from the decision or determination of the administrative officer charged with the enforcement of the Village Zoning Law, shall have the power to grant use variances, as defined in this chapter.
No such use variance shall be granted by the Zoning Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant shall demonstrate to the Board of Appeals that for each and every permitted use under the zoning regulations for the particular district where the property is located:
The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;
That the alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood;
That the requested use variance, if granted, will not alter the essential character of the neighborhood; and
That the alleged hardship has not been self-created.
The Board of Appeals, in 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.
§ 170-47 Area variances.
The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of the administrative official charged with the enforcement of the zoning law, to grant area variances, as defined in this chapter.
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:
Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by granting of the area variance;
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
Whether the requested area variance is substantial;
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
Whether the alleged difficulty was self-created; which consideration shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of the area variance.
The 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.
§ 170-47.1 Conditions on variances.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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.