Webster City Zoning Code
ARTICLE XIX
Board of Appeals
§ 175-75 Organization.
[Amended 6-9-1994 by L.L. No. 2-1994; 12-14-2006 by L.L. No 1-2006; 11-12-2020 by L.L. No. 3-2020]
A.
The Board of Trustees of the Village of Webster hereby abolishes the existing Planning Board and Zoning Board of Appeals. A new Zoning Board of Appeals is hereby created. Said Board shall consist of five members. The Mayor, with the consent of the Board of Trustees, shall designate and appoint the Chairperson of the new Zoning Board of Appeals. The Zoning Board of Appeals shall appoint its own secretary and may prescribe rules for the conduct of its affairs. Of the members of the Board first appointed, one shall hold office for a term of one year, one for the term of two years, one for the term of three years, one for the term of four years and one for the term of five years, from and after appointment. All members' terms are based upon the Village official year. Each member's term shall expire at the end of the Village official year during the last year of such member's term. Each member's successors shall be appointed for a term of five years from and after the expiration of the term of their predecessor in office. If a vacancy shall occur otherwise than by expiration of term, the Village Board shall appoint the new member for the unexpired term. The Mayor shall have the power to remove any member of the Board of Appeals for cause and after public hearing.
B.
Alternate members.
(1)
Definition: An individual appointed, as provided herein, to serve on the Zoning Board of Appeals when required to obtain or maintain a quorum.
(2)
Appointment; terms; powers; procedure; applicability of state and local laws.
(a)
Two alternate members shall be appointed by the Mayor, with the concurrence of the Board of Trustees.
(b)
Alternate members shall be appointed for a term of five years.
(c)
The Chairperson of the Zoning Board of Appeals shall designate an alternate member or members to serve when necessary, to fill an absence, to maintain a quorum of such Board to conduct business. When so designated, the alternate members shall possess all of the powers and responsibilities of a member of such Board.
(d)
All provisions of state and local law relating to eligibility, compensation, residency, vacancy, attendance, removal, compatibility of office, and service on other Boards shall apply to alternate members during their period of appointment, whether serving or not.
§ 175-76 Powers and duties.
[Amended 6-9-1994 by L.L. No. 2-1994; 11-12-2020 by L.L. No. 3-2020]
A.
The new Zoning Board of Appeals shall have all of the powers and duties of a Planning Board and a Zoning Board of Appeals as set forth in New York State Village Law, Chapter 137 of the Code of the Village of Webster, Subdivision of Land, and Chapter 175 of the Code of the Village of Webster, Zoning. Wherever the terms "Zoning Board," "Zoning Board of Appeals" or "Planning Board" appear in the Code of the Village of Webster, said terms shall hereafter mean and refer to the Zoning Board of Appeals created upon the adoption of this local law.[1]
[1]
Editor's Note: "This local law" refers to L.L. No. 3-2020, adopted 11-12-2020, the New Zoning Board of Appeals Local Law of 2020.
C.
Use variances.
(1)
To grant use variances authorizing a use of the land which otherwise would not be allowed or which would be prohibited by the terms of this chapter. No use variance shall be granted unless the Board shall find that applicable zoning regulations and restrictions have caused unnecessary hardship. No finding of unnecessary hardship shall be made unless all of the following are established:
(a)
Under applicable zoning regulations, the applicant is deprived of all economic use or benefit from the property in question, which deprivation shall be established by competent financial evidence.
(b)
The alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood.
(c)
The requested use variance, if granted, will not alter the essential character of the neighborhood.
(d)
The alleged hardship has not been self-created.
(2)
The Board of Appeals, in the 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.
D.
Area variances.
(1)
To grant area variances from the area or dimensional requirements of this chapter. In making its determination, the Zoning Board of Appeals shall consider 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:
(a)
An undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance;
(b)
The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
(c)
The requested area variance is substantial;
(d)
The proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
(e)
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.
(2)
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.
E.
Conditions. With respect to the granting of both use variances and area variances, to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property or the period of time such variance shall be in effect. 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 the variance may have upon the neighborhood or community.
§ 175-77 Procedures.
A.
The Board of Appeals shall act in strict accordance with the procedure specified by law and by this chapter. All appeals and applications made to the Board shall be in writing, on forms prescribed by the Board. Every appeal or application shall refer to the specific provision of the local law involved and shall exactly set forth the interpretation that is appealed from or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be.
[Amended 1-9-2020 by L.L. No. 1-2020]
B.
Every decision of the Board of Appeals shall be by resolution, each of which shall contain a full record of the findings of the Board in the particular case.
C.
All meetings of the Board of Appeals shall be held at the call of the Chairperson and at other times as such Board may determine. Such Chairperson or, in the Chairperson's absence, the Acting Chairperson may administer oaths and compel the attendance of witnesses. All meetings of such Board shall be open to the public. Such Board shall keep minutes of its proceedings, showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact, and shall also keep records of its examination and other official actions. Every rule or regulation and every amendment or repeal thereof and every order, requirement, decision or determination of the Board shall immediately be filed in the office of the Village Clerk and shall be a public record.