Village Of Saugerties
City Zoning Code
City Zoning Code
ARTICLE XII
Board of Appeals
§ 210-51 Establishment, appointment and organization.
A.
Pursuant to applicable provisions of the Village Law, there shall be a Board of Appeals consisting of five members and two alternate members appointed by the Mayor and ratified by the Village Board of Trustees. No member of the Board of Appeals shall be a member of the Village Board of Trustees.
[Amended 6-16-2003 by L.L. No. 2-2003]
B.
Each successor to an original appointee shall be appointed for a term of three years. A vacancy occurring for reason other than by expiration of a term shall be filled by the Village Board of Trustees by appointment for the unexpired term only.
C.
The Board of Appeals shall have the power to make, adopt, and promulgate such written rules of procedure, bylaws and forms as it may deem necessary for the proper execution of its duties and to secure the intent of this chapter. Such rules, bylaws and forms shall not be in conflict with, nor have the effect of waiving any provision of, this chapter or any other Law of the Village of Saugerties.
D.
Alternate members shall be appointed for terms of three years. The Chairman may designate an alternate member to substitute for a member when such member is unable to participate because of a conflict of interest on an application or matter before the Board. When so designated, the alternate member shall possess all the powers and responsibilities of such member of the Board. Such designation shall be entered into the minutes of the initial Board of Appeals meeting at which the substitution is made. All provisions of this article relating to Board of Appeals’ member training and continuing education, attendance, conflicts of interest, compensation, eligibility, vacancy in office, removal, and service on other boards shall also apply to alternate members.
[Amended 8-16-2010 by L.L. No. 4-2010]
§ 210-52 Powers and duties.
A.
The Board of Appeals is governed by, and shall act in strict accordance with, the procedures specified by Village Law, this chapter, and its own duly adopted rules, bylaws, and forms. Upon proper request made in the form and manner prescribed by the Board and accompanied by a fee in accord with a schedule adopted by the Village Board, the Zoning Board of Appeals shall perform the following functions:
(1)
Hear and decide any question properly brought before it involving the interpretation of any provision of this chapter;
(2)
Hear and decide appeals from any decision, determination, act, or failure to act of the enforcement officer, and all matters properly referred to it by the enforcement officer;
B.
In exercising the above-mentioned powers, and duties, the Board of Appeals may, in conformity with Village Law, reverse, affirm or modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as ought to be made in the case referred to it. To that end the Board shall have all the powers of the enforcement officer from whom the appeal is made. The concurring vote of a majority of the Board of Appeals shall be necessary to reverse any order, requirement, decision, or determination of the enforcement officer or to decide in favor of the applicant any matter upon which such Board is required to pass.
§ 210-53 Public hearings.
[Amended 6-16-2003 by L.L. No. 2-2003]
The Board of Appeals on due notice shall hold a public hearing on every appeal and application for a variance referred to said Board or upon which it is required to pass under this chapter.
A.
Notice. Notice of each public hearing shall be published in a newspaper of general circulation in the Village of Saugerties at least five days prior to such hearing. In addition, the Village Clerk shall send notice of such hearing and an explanation of any change sought, to all property owners within 200 feet of the subject property. Such notices shall be sent to the last known address as shown on the most recent Village tax records and mailed at least five days prior to such public hearing.
B.
Findings and conclusions. Within 62 days after such public hearing, and after considering the application, the Board of Appeals shall either grant or deny the request or appeal and make a written report on the findings and conclusions concerning the subject matter of such hearing, including the reasons for the grant or denial of the relief sought. Such decision shall be filed in the office of the Village Clerk within five days.
§ 210-54 Interpretation.
The Board of Appeals shall upon proper request interpret any provision of this chapter about which there is uncertainty, lack of understanding or misunderstanding, ambiguity, or disagreement, and shall determine the exact location of any zoning district boundary about which there may be uncertainty or disagreement.
§ 210-55 Appeals.
A.
Any person allegedly aggrieved by a decision, determination, act, or refusal to act, of the enforcement officer may file an appeal with the Board of Appeals. Such request shall clearly state the decision, determination, act, or failure to act, of the enforcement officer from which the appeal is taken.
B.
Stay of proceedings.
(1)
Any appeal from a decision of the enforcement officer properly filed with the Board of Appeals shall stay all proceedings in furtherance of the action appealed from, unless the enforcement officer certifies to the Board of Appeals that by reason of facts stated in the certification, a stay would, in his opinion, cause imminent peril to life and property.
(2)
The Board of Appeals shall have the power to grant a restraining order to stay all proceedings in furtherance of the action appealed from, over any action by the enforcement officer from whom the appeal is taken, upon notice to the enforcement officer and on due cause shown.
§ 210-56 Variances.
Where strict application of any of the requirements of this chapter in the case of exceptionally irregular, narrow, shallow or steep lots, or other exceptional physical conditions would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of his land or building, but in no other case, the Board of Appeals shall have the power, in passing upon appeals, to grant a variance to any of the regulations or provisions of this chapter relating to the area, bulk, construction or alteration of building or structures, or the use of land and buildings, so that the spirit of this chapter shall be observed; public health, safety and welfare secured; and substantial justice done. Application for such variance shall clearly state the specific provisions of this chapter from which a variance is sought, the special circumstances which allegedly justify such variance, and the interpretation or ruling which is desired.
A.
Criteria for granting variances. The Board of Appeals shall have the power to grant area and use variances in accordance with the criteria set forth in Village Law § 7-712b.
[Amended 6-16-2003 by L.L. No. 2-2003]
B.
Conditions and compliance to law. In granting any variance the Board of Appeals may prescribe any conditions that it deems to be necessary or desirable. The granting of a variance to any provisions of this chapter shall not obviate the necessity of complying in every other respect with the other provisions of this chapter.
C.
Referrals.
(1)
Referral to the Village Planning Commission. At least 30 days before the date of a public hearing held in connection with any application for a variance submitted to the Board of Appeals, the Board of Appeals shall transmit to the Planning Commission a copy of said application, and shall request that the Planning Commission submit to the Board of Appeals its advisory opinion on said application prior to the date of said hearing. The failure of the Planning Commission to submit such report shall be interpreted as a favorable opinion for the granting of the variance applied for.
(2)
Referral to Ulster County Planning Board. Any application for a variance involving real property lying within 500 feet of any of the features listed under § 210-63B(1) shall be referred to the Ulster County Planning Board prior to final action in accord with §§ 239-l and 239-m of the General Municipal Law.