N.Y. VIL Law § 7-712 — New York Code / Act VIL / Article 7 / Section 7-712
Zoning board of appeals
Status: in_force

§ 7-712 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 village board of trustees which adopts\na local law and any amendments thereto pursuant to the powers granted by\nthis article shall create a board of appeals consisting of three or five\nmembers as shall be determined by such local law. The mayor shall\nappoint the board of appeals and the chairperson thereof, subject to the\napproval of the board of trustees. In the absence of a chairperson the\nboard of appeals may designate a member to serve as acting chairperson.\nThe board of trustees 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\nboard of trustees for such purpose.\n  3. Board of trustees ineligible. No person who is a member of the\nvillage board of trustees shall be eligible for membership on such board\nof 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 of terms so fixed that one\nmember's term shall expire at the end of the village official year in\nwhich such members were initially appointed. The remaining members'\nterms shall be so fixed that one member's term shall expire at the end\nof each official year thereafter. At the expiration of each original\nmember's appointment, the replacement member shall be appointed by the\nboard of trustees for a term which shall be equal in years to the number\nof 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 board of trustees may, by local law,\nincrease a three member board of appeals to five members. Additional\nmembers shall be first appointed for single terms as provided by\nresolution 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 board of trustees which has increased the\nnumber of members of the board of appeals to five may, by local law,\ndecrease the number of members of the board of appeals to three to take\neffect upon the next two expirations of terms.\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 board of trustees and may include, but not be limited\nto, training provided by a municipality, regional or county planning\noffice or commission, county planning federation, state agency,\nstatewide municipal association, college or other similar entity.\nTraining may be provided in a variety of formats, including but not\nlimited to, electronic media, video, distance learning and traditional\nclassroom training.\n  (b) To be eligible for reappointment to such board, such member shall\nhave completed the training promoted by the village pursuant to this\nsubdivision.\n  (c) The training required by this subdivision may be waived or\nmodified by resolution of the board of trustees when, in the judgment of\nthe board of trustees, it is in the best interest of the village to do\nso.\n  (d) No decision of a board of appeals shall be voided or declared\ninvalid 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 mayor shall appoint the new member for the\nunexpired term.\n  9. Removal of members. The mayor shall have the power to remove, after\npublic hearing, any member of the zoning board of appeals for cause. Any\nzoning board of appeals member may be removed for non-compliance with\nminimum requirements relating to meeting attendance and training as\nestablished by the village board of trustees by local law.\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 village board of trustees may, by local\nlaw or as a part of the local law creating the zoning board of appeals,\nestablish alternate zoning board of appeals member positions for\npurposes of substituting for a member in the event such member is unable\nto participate because of a conflict of interest. Alternate members of\nthe zoning board of appeals shall be appointed by the mayor, subject to\nthe approval of the board of trustees, for terms established by the\nvillage board of trustees.\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