Weedsport Village City Zoning Code
ARTICLE XX
Boards
§ 215-164 Zoning Board of Appeals.
Establishment of a Zoning Board of Appeals.
The Village Board of Trustees authorizes the appointment of a five-member Zoning Board of Appeals pursuant to § 7-712 of New York State Village Law. The members of the Zoning Board of Appeals shall be appointed by the Village Board of Trustees for terms of five years. Terms of all Zoning Board of Appeals members shall be staggered as required by law. If a vacancy shall occur otherwise than by expiration of term, the Board of Trustees shall appoint the new member for the unexpired term. The Board of Trustees shall also appoint the Chairperson of the Zoning Board of Appeals. In the absence of a Chairperson, the Zoning Board of Appeals may designate a member to serve as Acting Chairperson.
Two alternate members of the Zoning Board of Appeals may be appointed by the Board of Trustees for terms of five years. All provisions of state law relating to Zoning Board of Appeals member eligibility, vacancy in office, removal, compatibility in office and service on other boards, as well as any provisions of any local law or ordinance relating to training, continuing education, compensation, and attendance shall also apply to the alternate members of the Zoning Board of Appeals.
The Chairperson of the Zoning Board of Appeals may designate an alternate member of the Zoning Board of Appeals to serve when necessary, and only so long as necessary, to obtain or maintain a quorum of such Board or when a member is unable to participate due to a conflict of interest. Such designation and its expiration shall be entered into the minutes of the Zoning Board of Appeals. When so designated, the alternate member of the Zoning Board of Appeals shall possess all the powers and responsibilities of a member of such Board.
Removal of members. The Board of Trustees shall have the power to remove, after public hearing, any member of the Zoning Board of Appeals for cause. Any Zoning Board of Appeals member may be removed for noncompliance with minimum requirements relating to attendance and training as established by the Board of Trustees by local law or ordinance.
Rules, expenses, and required training.
The Zoning Board of Appeals in consultation with the Board of Trustees shall from time to time, establish written rules and procedures for the management of applications brought before the Board and detailing the necessary information required with such application. The Zoning Board of Appeals may also adopt rules or bylaws for its operations, and may amend such rules and bylaws from time to time as deemed appropriate and necessary by the Zoning Board of Appeals.
The Board of Trustees shall require Zoning Board of Appeals members to complete training and continuing education courses in accordance with any local requirements for the training of such members and may reimburse Zoning Board of Appeals members for appropriate expenses incurred in obtaining such training or continuing education.
Powers and duties.
The Zoning Board of Appeals shall have appellate jurisdiction with regard to hearing and deciding appeals from and reviewing any order, requirement, decision, interpretation, or determination made by the Code Enforcement Officer. The Zoning Board of Appeals shall decide any question involving the interpretation of such provisions as more fully described in this section. Where a proposed site plan, special use permit, or subdivision contains one or more dimensional features which do not comply with the Village's Zoning Law, an application may be made for an area variance without the necessity of an order, requirement, decision, interpretation, or determination by the Code Enforcement Officer.
The duties of the Zoning Board of Appeals are:
Reversing or affirming orders, requirements, decisions, interpretations, and determinations. The Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify any order, requirement, decision, interpretation, or determination appealed from, and shall make such order, requirement, decision, interpretation, or determination as in its opinion ought to have been made in the matter by the Code Enforcement Officer and to that end shall have all the powers of the Code Enforcement Officer.
Granting area or dimensional variances:
The Zoning Board of Appeals shall have the power, on appeal from a decision or determination of the Code Enforcement Officer, to grant area variances as defined herein. 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 and in accordance with § 7-712-b of New York State Village Law, the Zoning Board of Appeals 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 the 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.
The Zoning 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.
The Zoning Board of Appeals shall, in the granting of an area variance, 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 condition 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.
Granting use variances:
The Zoning Board of Appeals, on appeal from the decision or determination of the Code Enforcement Officer, shall have the power to grant use variances as defined herein.
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 and in accordance with § 7-712-b of New York State Village Law, the applicant shall demonstrate to the Zoning Board of Appeals that:
Under applicable zoning regulations the applicant is deprived of all economic use or benefit from the property in question, which deprivation must be established by competent financial evidence;
The alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood;
The requested use variance, if granted, will not alter the essential character of the neighborhood; and
The alleged hardship has not been self-created.
The Zoning 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 proven 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. If the review of an agricultural data statement was required pursuant to Article 25-AA, § 305-a, of the New York State Agriculture and Markets Law, the Zoning Board of Appeals shall evaluate and consider the agricultural data statement in its review of the possible impacts on the functioning of farm operations in the Cayuga County Agricultural District.
The Zoning Board of Appeals shall, in the granting of a use variance, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property, and/or the period of time such variance shall be in effect. Such condition shall be consistent with the spirit and intent of the zoning regulations contained in this chapter and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
Procedures for processing zoning appeal:
Each order, requirement, decision, interpretation, or determination of the Code Enforcement Officer shall be filed in the office of the Village Clerk within five business days from the day it is rendered. An appeal shall be taken within 60 calendar days after the filing of any order, requirement, decisions interpretation, or determination of the Code Enforcement Officer and shall be filed at least 10 business days prior to the scheduled meeting of the Zoning Board of Appeals. All appeals shall be in writing, on forms established by the Zoning Board of Appeals, which shall be available from the Code Enforcement Officer and shall specify the grounds for the appeal and the relief sought. Any appeal for an area variance shall be accompanied by a site plan prepared in accordance with the site plan requirements specified in Article VIII of this Chapter. Any appeal for a use variance for property within the Cayuga County Agricultural District containing a farm operation or for property with boundaries within 500 feet of a farm operation located in the Cayuga County Agricultural District, shall include an agricultural data statement with the application. If an agricultural data statement is required, the Zoning Board of Appeals shall mail, via registered mail, written notice of such application to the owners of land as identified by the applicant in the agricultural data statement. Such notice shall include a description of the proposed project and its location, and may be sent in conjunction with any other notice required by state or local law, ordinance, rule, or regulation for the said project. The cost of mailing said notice shall be borne by the applicant.
Every appeal shall refer to the specific provision of the zoning article(s) involved and establish the details of why the order, requirement, decision, interpretation and/or determination of the Code Enforcement Officer should be reversed or why a variance should be granted and shall address the considerations described in Subsection D(1) herein if the appeal is for a variance.
Fees. Appeals and applications before the Board of Appeals shall be accompanied by a payment to the Village in accordance with a fee schedule adopted by resolution of the Board of Trustees.
Upon receipt of the completed appeal form and the agricultural data statement, if required, the Zoning Board of Appeals shall:
Schedule a public hearing.
Refer the application to the County Planning Board in accord with Article 12-B, § 239-m, of the New York State General Municipal Law, if the subject property is within 500 feet of the boundary of any county, town, Village; existing or proposed county or state park; any right-of-way of any county or state road or parkway; any stream or canal owned by the county; and existing or proposed county- or state-owned land on which a public building or institution is situated; and the boundary of a farm operation located in the Cayuga County Agricultural District.
Determine whether a draft environmental impact statement should be required.
Within 62 calendar days following the public hearing, the Zoning Board of Appeals shall render a decision or, if the parties have agreed to a time extension, within such time extension.
Public hearing and Zoning Board of Appeals decision:
Public hearings shall be scheduled within 62 calendar days from the date that the Zoning Board of Appeals receives the appeal. Any such appeal shall be deemed received when the appeal is first presented at a duly called meeting of the Zoning Board of Appeals. Notice of the public hearing shall be published in the Village's official newspaper and posted in any other location/media that the Village deems appropriate and necessary at least 10 business days prior to the date fixed for the public hearing. Such notice shall briefly describe the nature of the appeal and the time and place of the hearing. The cost of publication of the public hearing notice shall be borne by the appealing party. If the matter has been referred to the Cayuga County Planning Board pursuant to Article 12-B, § 239-m, of the New York State General Municipal Law, a notice of the public hearing shall also be mailed to the Cayuga County Planning Board at least 10 business days prior to such hearing along with the full statement of such action as defined in Article 12-B, § 239-m, of the New York State General Municipal Law.
A copy of the public notice may be sent to adjacent property owners within the Village, but failure to send such notice shall not affect the jurisdiction of the Zoning Board of Appeals or the legality of the decision of the Zoning Board of Appeals. The cost of mailing said notice shall be borne by the appealing party.
The Secretary to the Zoning Board of Appeals shall make a factual record of the public hearing. Public records shall be taken by stenographic and/or tape recorder means and shall be transcribed accurately into a narrative form which may or may not be a verbatim transcript.
The decision of the Board of Appeals shall be filed in the office of the Village Clerk within five business days after the day such decision is rendered, and a copy thereof mailed to the applicant. If the matter was referred to the County Planning Board, a copy of the Zoning Board of Appeals findings and decision shall be sent to the County Planning Board.
Meetings:
The Zoning Board of Appeals shall hold regularly scheduled monthly meetings, provided there are meeting agenda items for Zoning Board of Appeals consideration, and the Board may hold special meetings, from time to time as needed, at the call of the Chairperson or at the request of three or more members.
The presence of three members shall constitute a quorum for conducting business before the Zoning Board of Appeals, including acting on a zoning appeal or deciding upon any other matter brought before the Board, unless otherwise stipulated in this chapter.
All votes of the Zoning Board of Appeals shall be taken by roll call. Zoning Board of Appeals decisions on matters not referred to the County Planning Board shall be by simple majority vote (three) of the full membership. On a matter referred to the County Planning Board, voting shall be in accordance with § 215-166 herein.
In accordance with § 74, Subdivision 2, of Article 4 of the Public Officers Law, a member of the Zoning Board of Appeals having a conflict of interest shall abstain from any discussion or voting on that matter.
The Zoning Board of Appeals may request and obtain any advice or opinions on the law relating to any matter before the Board from the Village Attorney, and require the Village Attorney to attend its meetings.
The Zoning Board of Appeals may require the Code Enforcement Officer to attend its meetings to present any facts relating to any matter before the Board.
All meetings of the Zoning Board of Appeals shall be open to the public.
The Zoning Board of Appeals shall make a factual record of all its proceedings, including public hearings, deliberations, voting and decisions. The factual record shall be taken by the Secretary to the Zoning Board of Appeals.
Records and decisions:
No application shall be acted upon in any manner until a complete application has been received. The completeness of the application shall be determined by the Zoning Board of Appeals Chair or someone that he/she may designate for such task. If the task of determining completeness of an application before the Zoning Board of Appeals is delegated by the Chair, said decision shall be made known to the Board of Trustees, Code Enforcement Officer, and Village Clerk.
Minutes shall be recorded of all meetings and shall contain relevant information of every action considered together with the votes of each member and final decision of each proposed action. All decisions of the Zoning Board of Appeals shall be permanently filed within five business days in the office of the Village Clerk. The Planning Board shall notify the Board of Trustees, Planning Board, and the Code Enforcement Officer of all decisions and resolutions.
Article 78 proceeding: appeal to court.
Any person or persons, jointly or severally aggrieved by a decision of the Board of Appeals or any officer, department, Board or Bureau of the Village, may apply to the New York State Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules. Such proceeding shall be instituted within 30 days after the filing of a decision in the office of the Village Clerk.
§ 215-165 Planning Board.
Establishment of a planning board. The creation of a Planning Board of the Town of Brutus and the Village of Weedsport is hereby authorized pursuant to § 7-718 of New York State Village Law and § 271 of the New York State Town Law. Said Planning Board shall be the sole Planning Board within the Town of Brutus and the Village of Weedsport.
Interpretation:
If any local laws or parts of local laws of the Village of Weedsport and the Town of Brutus are inconsistent with any of the provisions of this article, the terms of this article shall control.
Wherever the term "Planning Board" is used in any local laws of the Town of Brutus and the Village of Weedsport, said term shall mean the Planning Board as established by this section.
Procedures, administration and operations of the Planning Board:
The Town and Village hereby establish a combined Planning Board, hereinafter referred to as the "Planning Board." Said Planning Board will handle all matters for which the individual Planning Boards of the Town and the Village, or the current combined Town and Village Planning Board, have heretofore acted.
The membership, composition and terms of the Planning Board shall be as follows:
Membership. The Planning Board shall have a membership of seven members.
Except as noted in Subsection C(2)(c) below, each year the Town and Village shall each appoint one person to a Planning Board term of four years, commencing January 1 of the following year.
Appointment of Town/Village member. In the year 2024, and every fourth year thereafter, the Town and Village shall jointly appoint one person to a Planning Board term of four years, commencing January 1 of the following year.
Advertising for and interviewing prospective members. Should the Town Board and/or the Village Trustees choose to advertise for and interview prospective members of the Planning Board prior to making an appointment, such advertising and interviewing must be conducted at a time so as to permit the appointment to be made in conformance with Subsection C(2)(b) and C(2)(c) above.
The Chairperson of the Planning Board shall be elected by the members of the Planning Board at their first meeting of the calendar year, and that person shall so act for the next calendar year or until a successor is elected.
Board members are expected to be diligent in their attendance. Therefore, it is hereby declared that absence from four regular meetings per year, except due to illness, will be deemed to be sufficient cause for removal from the Planning Board.
The official office of the Planning Board shall be the Town of Brutus offices at 9021 North Seneca Street, Weedsport, New York, 13166, and meetings of the Planning Board shall be held at this location or at such other locations as the Planning Board may from time to time determine.
Meetings:
The Planning Board shall hold a regular meeting once per month. The Planning Board, by majority vote, or at the call of the Chairperson, may schedule such other meetings, as it deems necessary and appropriate and, for good cause, may change the day of the month for its regular meeting.
The presence of four members of the Planning Board shall constitute a quorum which shall be necessary to act on any application for a site plan review, special use permit, or subdivision; and to decide upon any other matter brought before the Board unless otherwise stipulated in this chapter or any local law of the Village of Weedsport. In order to act on an application for a site plan review, special use permit, or subdivision project located in the Village of Weedsport, at least 50% of the voting members present at the meeting shall be appointed by the Village of Weedsport or jointly appointed by the Town of Brutus and Village of Weedsport.
All votes of the Planning Board shall be taken by roll call. Planning Board decisions on matters not referred to the County Planning Board shall be by simple majority vote (four) of the full membership. On a matter referred to the County Planning Board, voting shall be in accordance with § 215-166B herein.
In accordance with § 74, Subdivision 2, of Article 4 of the Public Officers Law, a member of the Planning Board having a conflict of interest shall abstain from any discussion or voting on that matter.
The Planning Board may request and obtain any advice or opinions on the law relating to any matter before the Board from the Village Attorney, and may require the Village Attorney to attend its meetings.
The Planning Board may require the Code Enforcement Officer to attend its meetings to present any facts relating to any matter before the Board.
All meetings of the Planning Board shall be open to the public.
The Planning Board shall make a factual record of all its proceedings, including public hearings, deliberations, voting and decisions. The factual record shall be taken by the Secretary to the Planning Board.
All applications to be considered by the Planning Board, including site plan, special use permit, and subdivision applications, shall be submitted to the Village Clerk of the Village of Weedsport.
The Town Board of the Town of Brutus, in consultation with the Trustees of the Village of Weedsport, shall appoint a Clerk and other professional staff, as it deems appropriate for the Planning Board and authorize compensation for said Clerk and other staff.
The Town Board of the Town of Brutus, in consultation with the Trustees of the Village of Weedsport, shall establish fees for matters to be considered by the Planning Board.
The Board of Trustees shall require Planning Board members to complete training and continuing education courses in accordance with any local requirements for the training of such members. The members of the Planning Board are encouraged to attend various training programs offered by state and county agencies concerning matters that may be considered by local planning boards. The Town will provide funds in its annual budget for such training. The Town will assume all costs incurred for approved training for those Planning Board members it appoints. The Town shall be reimbursed by the Village for those costs it incurs for approved training for those Planning Board members the Village appoints and for 1/2 of the costs it incurs for approved training for the Planning Board member appointed jointly by both boards.
The Planning Board may adopt rules or bylaws for its operations and may amend such rules and bylaws from time to time as deemed appropriate and necessary by the Planning Board.
Removal of members. The Board of Trustees shall have the power to remove, after public hearing, any member of the Planning Board representing and appointed by the Village Board of Trustees for cause. Any Planning Board member may be removed for noncompliance with minimum requirements relating to attendance and training as established by the Village Board of Trustees by local law or ordinance.
Powers and duties of the Planning Board:
The Planning Board shall have all powers as granted to or required of a planning board by the laws of the State of New York and the local laws of the Town of Brutus and the Village of Weedsport. In addition, the Planning Board shall consider and render decisions pertaining to any and all matters referred to it by the Town Board of the Town of Brutus and/or the Board of Trustees of the Village of Weedsport consistent with the laws of the State of New York and the local laws of the Town of Brutus and the Village of Weedsport.
The duties of the Planning Board as granted by New York State Village Law and this chapter of the Code of the Village of Weedsport are to:
Prepare, review and/or recommend revisions to the Comprehensive Plan for the development of the Village as provided under § 7-718 of New York State Village Law and/or Board of Trustees resolution.
Review and comment on all proposed zoning amendments before referral to the County Planning Board.
Conduct site plan review as authorized by § 7-725-a of New York State Village Law and prescribed in Article VIII of this chapter.
Review and approve special use permits as authorized by § 7-725-b of New York State Village Law and prescribed in Article VII of this chapter.
Review and approve the subdivision of parcels as authorized by §§ 7-728, 7-730, 7-732, and 7-738 of the New York State Village Law and prescribed in Article IX of this chapter.
Render assistance to the Zoning Board of Appeals at its request.
Research and report on any matter referred to it by the Board of Trustees.
Make investigations, maps, reports, and recommendations in any matter related to planning and development as it seems desirable providing expenditures of the Planning Board do not exceed the budget appropriations for the Planning Board.
All such powers and duties as are conferred upon the Planning Board and subject to the limitations set forth in §§ 7-718, 7-722, 7-724, 7-725-a, 7-728, and 7-730 of the New York State Village Law, as the same may be amended, modified, or changed from time to time, or any sections subsequently adopted pertaining to Village planning boards.
Records and decisions. Minutes shall be recorded of all meetings and shall contain relevant information of every action considered together with the votes of each member and final decision of each proposed action. All decisions of the Planning Board shall be permanently filed within five business days in the office of the Village Clerk. The Planning Board shall notify the Village Board of Trustees and the Code Enforcement Officer of all decisions and resolutions.
§ 215-166 Referrals to county planning board.
Proposed actions involving the adoption and/or amendment of a comprehensive plan, the adoption and/or the amendment of a zoning local law or ordinance, the approval of site plans, the issuance of special use permits, subdivision approval, and the granting of use and area variances shall be referred to the Cayuga County Planning Board, pursuant to §§ 239-1, 239-m, and 239-n of the General Municipal Law, if the property involved is within 500 feet of the boundary of any county, town, village; existing or proposed county or state park; any right-of-way of any county or state road or parkway; any stream or canal owned by the county; existing or proposed county- or state-owned land on which a public building or institution is situated; and the boundary of a farm operation located in an agricultural district, except that the following shall be exempt from such referral in accordance with the agreement between the Cayuga County Planning Board and the Village of Weedsport adopted on July 28, 2000:
Activities that, while within 500 feet of a state or county highway, are on a parcel that does not front on such state or county highway;
Activities that, while within 500 feet of a municipal boundary, would be permitted within the area of the adjoining municipality abutting the parcel where the activity is proposed;
Area variances;
Amendments to a local zoning law or ordinance that are intended to clarify, redefine, expand, or modify words and/or terms that do not alter the dimensional or use standards of the regulation;
Amendments to a local zoning law or ordinance that are intended to address procedural or administrative matters that do not alter the dimensional or use standards of the regulation;
Amendments to a local zoning law or ordinance that are intended to reduce the type or number of uses permitted within a particular zoning district;
Amendments to a local zoning law or ordinance that are intended to reduce the intensity and/or density of development permitted within a particular zoning district;
Any subdivision of land not required to be submitted to the Cayuga County Health Department for review under the definition of a subdivision set forth in § 1115 of the Public Health Law of the State of New York; and
Any activity subject to review by a local agency employing a municipal planner on a full-time basis who will advise the referring agency concerning the referred matter.
Effect of County Planning Board review:
If the Cayuga County Planning Board recommends the approval of a matter referred to it, the local board's decision is governed by a simple majority vote.
If the Cayuga County Planning Board recommends approval subject to stated conditions or modifications, or recommends disapproval, the local board may override the County Planning Board recommendation only by a majority plus one vote.
If the Cayuga County Planning Board fails to make a recommendation within 30 calendar days following the date on which the matter was referred to the Cayuga County Planning Board, the local board may take action on the matter after the expiration of such thirty-day period, and the local board's decision is governed by a simple majority vote.
Report on final local action. Within 30 calendar days following a local board's final decision on a matter that was referred to the Cayuga County Planning Board, the local board shall provide a copy of its final decision to the County Planning Board. If the local board acted contrary to the Cayuga County Planning Board's recommendation, the local board shall also provide to the Cayuga County Planning Board its reasons for such decision.
§ 215-167 Agricultural data statement.
Applicability. Any application for a special use permit, site plan approval, use variance or subdivision review and approval by the Planning Board, Zoning Board of Appeals or Board of Trustees that would occur on property within an Agricultural District containing a farm operation or on property with boundaries within 500 feet of a farm operation located in an Agricultural District, shall include an agricultural data statement. The Planning Board, Zoning Board of Appeals, or Board of Trustees shall evaluate and consider the agricultural data statement in its review of the possible impacts of the proposed project upon the functioning of farm operations within such Agricultural District.
Notice to land owners. Upon the receipt of such application by the Planning Board, Zoning Board of Appeals or Board of Trustees, the clerk of such board shall mail written notice of such application to the owners of land as identified by the applicant in the agricultural data statement. Such notice shall include a description of the proposed project and its location and may be sent in conjunction with any other notice required by state or local law, ordinance, rule, or regulation for said project. The cost of mailing said notice shall be borne by the applicant.
Contents of an agricultural data statement. The agricultural data statement shall include the following information:
The name and address of the applicant;
A description of the proposed project and its location;
The name and address of any owner of land within the Agricultural District, which land contains farm operations and is located within 500 feet of the boundary of the property upon which the project is proposed; and
A Tax Map or other map showing the site of the proposed project relative to the location of farm operations identified in the agricultural data statement.
§ 215-168 Fee reimbursement.
In connection with any application for a special use permit, site plan approval, subdivision approval, zoning amendment, or variance, the reviewing board may require the applicant to pay in advance into an escrow fund established to cover the reasonable costs of reviewing such application. Such costs may include staff costs or consultant fees covering planning, engineering, environmental analysis, wetland delineation, legal review, and other technical services required for a proper and thorough professional review of the application. No permit shall be issued until all costs have been paid. The Village shall account for the expenditure of all such funds and shall promptly refund any unexpended funds within 20 business days of final action by the reviewing board.