§ 267 — Zoning board of appeals

New York § 267

• Jurisdiction: New York
• Law TWN: Town
• Art. 16: Zoning and Planning

Text

§ 267. Zoning board of appeals. 1. Definitions. As used in this\nsection:\n (a) "Use variance" shall mean the authorization by the zoning board of\nappeals for the use of land for a purpose which is otherwise not allowed\nor is prohibited by the applicable zoning regulations.\n (b) "Area variance" shall mean the authorization by the zoning board\nof appeals for the use of land in a manner which is not allowed by the\ndimensional or physical requirements of the applicable zoning\nregulations.\n 2. Appointment of members. Each town board which adopts a local law or\nordinance and any amendments thereto pursuant to the powers granted by\nthis article shall appoint a board of appeals consisting of three or\nfive members as shall be determined by such local law or ordinance and\nshall designate the chairperson thereof. In the absence of a chairperson\nthe board of appeals may designate a member to serve as acting\nchairperson. The town board may provide for compensation to be paid to\nexperts, clerks and a secretary and provide for such other expenses as\nmay be necessary and proper, not exceeding the appropriation made by the\ntown board for such purpose.\n 3. Town board members ineligible. No person who is a member of the\ntown board shall be eligible for membership on such board of appeals.\n 4. Terms of members first appointed. In the creation of a new board of\nappeals, or the reestablishment of terms of an existing board, the\nappointment of members to the board shall be for terms so fixed that one\nmember's term shall expire at the end of the calendar year in which such\nmembers were initially appointed. The remaining members' terms shall be\nso fixed that one member's term shall expire at the end of each year\nthereafter. At the expiration of each original member's appointment, the\nreplacement member shall be appointed for a term which shall be equal in\nyears to the number of members of the board.\n 5. Terms of members now in office. Members now holding office for\nterms which do not expire at the end of a year shall, upon the\nexpiration of their term, hold office until the end of the year and\ntheir successors shall then be appointed for terms which shall be equal\nin years to the number of members of the board.\n 6. Increasing membership. Any town board may, by local law or\nordinance, increase a three member board of appeals to five members.\nAdditional members shall be first appointed for single terms as provided\nby resolution in order that the terms of members shall expire in each of\nfive successive years and their successors shall thereafter be appointed\nfor full terms of five years. No such additional member shall take part\nin the consideration of any matter for which an application was on file\nwith the board of appeals at the time of his or her appointment.\n 7. Decreasing membership. A town board which has increased the number\nof members of the board of appeals to five may, by local law or\nordinance, decrease the number of members of the board of appeals to\nthree to take effect upon the next two expirations of terms. Any board\nof appeals which, upon the effective date of this section has seven\nmembers, may continue to act as a duly constituted zoning board of\nappeals until the town board, by local law or ordinance, reduces such\nmembership to three or five. However, no incumbent shall be removed from\noffice except upon the expiration of his or her term.\n 7-a. Training and attendance requirements. (a) Each member of the\nboard of appeals shall complete, at a minimum, four hours of training\neach year designed to enable such members to more effectively carry out\ntheir duties. Training received by a member in excess of four hours in\nany one year may be carried over by the member into succeeding years in\norder to meet the requirements of this subdivision. Such training shall\nbe approved by the town board and may include, but not be limited to,\ntraining provided by a municipality, regional or county planning office\nor commission, county planning federation, state agency, statewide\nmunicipal association, college or other similar entity. Training may be\nprovided in a variety of formats, including but not limited to,\nelectronic media, video, distance learning and traditional classroom\ntraining.\n (b) To be eligible for reappointment to such board, such member shall\nhave completed the training promoted by the town pursuant to this\nsubdivision.\n (c) The training required by this subdivision may be waived or\nmodified by resolution of the town board when, in the judgment of the\ntown board, it is in the best interest of the town to do so.\n (d) No decision of a zoning board of appeals shall be voided or\ndeclared invalid because of a failure to comply with this subdivision.\n 8. Vacancy in office. If a vacancy shall occur otherwise than by\nexpiration of term, the town board shall appoint the new member for the\nunexpired term.\n 9. Removal of members. The town board shall have the power to remove,\nafter public hearing, any member of the zoning board of appeals for\ncause. Any zoning board of appeals member may be removed for\nnon-compliance with minimum requirements relating to meeting attendance\nand training as established by the town board by local law or ordinance.\n 10. Chairperson duties. All meetings of the board of appeals shall be\nheld at the call of the chairperson and at such other times as such\nboard may determine. Such chairperson, or in his or her absence, the\nacting chairperson, may administer oaths and compel the attendance of\nwitnesses.\n 11. Alternate members. (a) A town board may, by local law or\nordinance, or as a part of the local law or ordinance creating the\nzoning board of appeals, establish alternate zoning board of appeals\nmember positions for purposes of substituting for a member in the event\nsuch member is unable to participate because of a conflict of interest.\nAlternate members of the zoning board of appeals shall be appointed by\nresolution of the town board, for terms established by the town board.\n (b) The chairperson of the zoning board of appeals may designate an\nalternate member to substitute for a member when such member is unable\nto participate because of a conflict of interest on an application or\nmatter before the board. When so designated, the alternate member shall\npossess all the powers and responsibilities of such member of the board.\nSuch designation shall be entered into the minutes of the initial zoning\nboard of appeals meeting at which the substitution is made.\n (c) All provisions of this section relating to zoning board of appeals\nmember training and continuing education, attendance, conflict of\ninterest, compensation, eligibility, vacancy in office, removal, and\nservice on other boards, shall also apply to alternate members.\n