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Back to Zoning Codes
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Article 4: Administration and Enforcement
- 406.00 Actions of the Board of Appeals
- 407.00 Interpretation
- 408.00 Conflict With Other Laws
- 409.00 Separability
- 410.00 Amendments
← Sections 400-405
Section 406.00 Actions of the Board of Appeals
- Interpretation
When the Zoning Enforcement Officer or other administrative officials make a decision that a person feels is unfair, arbitrary, or a misinterpretation of this local law or an erroneous application of Zoning restriction, the aggrieved individual may apply to the Zoning Board of Appeals for an interpretation of this local law. The Zoning Board of Appeals is without authority to initiate the rendering of an interpretation. A review and decision can take place only if the following conditions are met:
- The Zoning Enforcement Officer or other administrative official has performed an official action such as an order, requirement, decision, etc.
- The appeal to the Zoning Board of Appeals has been made following the procedures outlined in Section 406.00 E.
- Variances
The Zoning Board of Appeals may authorize a departure from the text of this local law and grant a variance when, owing to special conditions, a literal enforcement of the regulations established by this local law would result in unnecessary hardship. There are two types of variances:
- Area Variance: Any authorized departure from the regulations governing size or shape of lot, yard, building coverage, parking, or other area requirements established by this local law.
- Use Variance: Any authorized departure from the regulations governing uses permitted in the districts established by this local law.
- A variance from the regulations established by this local law shall not be granted by the Zoning Board of Appeals unless and until a written application for a variance is submitted which demonstrates all of the following:
- That special conditions and circumstances exist which are not applicable to other lands, structures or buildings in the same district
- That literal interpretation of the regulations established by this local law would deprive the applicant of rights commonly enjoyed by other properties in the same district under the regulations established by this local law.
- That the special conditions and circumstances do not result from the actions of the applicant.
- That the variance granted will not be detrimental to the public welfare, injurious to the property of others or change the character of the neighborhood in which it is located.
- The variance granted by the Zoning Board of Appeals shall be the minimum variance that will accomplish the purpose.
- The procedures of a request for an interpretation or a variance shall be as follows:
- The aggrieved individual shall obtain an appeals form from the Village Clerk. Every appeal or application shall refer to the specific provision of this local law involved in the request for an interpretation or a variance. The aggrieved individual must explain in writing why the official interpretation is questionable or wrong or why a variance should be granted.
- The Village Clerk will transmit the form to the Zoning Board of Appeals within ten (10) days of receipt of the application.
- The Zoning Board of Appeals will set the date for the hearing.
- At least thirty (30) days before the date of the hearing the secretary of the Zoning Board of Appeals shall submit to the Planning Board a copy of the Appeals Form under discussion. One (1) week prior to the hearing, the Planning Board will transmit to the Zoning Board of Appeals its opinion on the application or appeal. Failure to submit such a report will constitute approval of said application or appeal by the Planning Board.
- Final action by the Zoning Board of Appeals on the requested interpretation or variance shall take place within thirty (30) days of the public hearing.
- The Zoning Board of Appeals shall fix a reasonable time for the hearing of appeals and shall give due notice of the time set for the hearing to the applicant. Public notice shall be by the publication of a notice in the official newspaper of the Village and shall briefly describe the nature of the appeal and the time and place of the hearing. The applicant shall, at least seven (7) days prior to the date of the hearing, give notice in writing by certified mail or by service in person, with adequate proof of contact thereof to all property owners within two hundred (200) feet of the property to be considered in said appeal or to all property owners of contiguous land or properties adjoining said property to be considered, and to other interested property owners as may be designated by the Zoning Board of Appeals. The applicant shall furnish proof of services in writing and properly notarized.
Section 407.00 Interpretation
The interpretation and the application of the regulations established by this local law shall be held to be the minimum requirements for the promotion of the health, safety and general welfare. It is not intended to interfere with or abrogate or annul other rules, regulations or ordinances, provided that where this local law imposes greater restrictions upon the use of buildings or premises or land or upon the height or bulk of buildings, or requires larger open spaces, the regulations established by this local law shall govern.
Section 408.00 Conflict with Other Laws
- From and after the date when this local law takes effect, any and every existing ordinance or local law of the Village of Alfred inconsistent herewith is hereby repealed.
- Whenever the regulations established by this local law are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the more restrictive or those which impose the higher standards shall govern.
Section 409.00 Severability
Should any section or provision of this local law be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this local law as a whole nor any part thereof other than the part so declared to be unconstitutional or invalid.
Section 410.00 Amendments
The Board of Trustees may from time to time on its own motion or on petition or on recommendation from the Planning Board, amend, supplement, or repeal any of the regulations, provisions or sections of this local law after proper and legal requirements have been met. Every proposed amendment shall be referred to the Planning Board for review before a public hearing is held. The Village Board, by resolution adopted at a stated meeting, shall fix the time and place of the public hearing on the proposed amendments and cause notice to be given according to law.
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