2023 New York Laws › VIL - Village › Article 7 - Building Zones › 7-712 - Zoning Board of Appeals.

§  7-712  Zoning  board  of  appeals.  1. Definitions. As used in this
section:
(a) "Use variance" shall mean the authorization by the zoning board of
appeals for the use of land for a purpose which is otherwise not allowed
or is prohibited by the applicable zoning regulations.
(b) "Area variance" shall mean the authorization by the  zoning  board
of  appeals  for the use of land in a manner which is not allowed by the
dimensional  or  physical  requirements   of   the   applicable   zoning
regulations.
2. Appointment of members. Each village board of trustees which adopts
a local law and any amendments thereto pursuant to the powers granted by
this article shall create a board of appeals consisting of three or five
members  as  shall  be  determined  by  such  local law. The mayor shall
appoint the board of appeals and the chairperson thereof, subject to the
approval of the board of trustees. In the absence of a  chairperson  the
board  of appeals may designate a member to serve as acting chairperson.
The board of trustees  may  provide  for  compensation  to  be  paid  to
experts,  clerks  and a secretary and provide for such other expenses as
may be necessary and proper, not exceeding the appropriation made by the
board of trustees for such purpose.
3. Board of trustees ineligible. No person who  is  a  member  of  the
village board of trustees shall be eligible for membership on such board
of appeals.
4. Terms of members first appointed. In the creation of a new board of
appeals,  or  the  reestablishment  of  terms  of an existing board, the
appointment of members to the board shall be of terms so fixed that  one
member's  term  shall  expire at the end of the village official year in
which such members were  initially  appointed.  The  remaining  members'
terms  shall  be so fixed that one member's term shall expire at the end
of each official year thereafter. At the  expiration  of  each  original
member's  appointment,  the replacement member shall be appointed by the
board of trustees for a term which shall be equal in years to the number
of members of the board.
5. Terms of members now in office.  Members  now  holding  office  for
terms  which  do  not  expire  at  the  end  of  a  year shall, upon the
expiration of their term, hold office until the  end  of  the  year  and
their  successors shall then be appointed for terms which shall be equal
in years to the number of members of the board.
6. Increasing membership. Any board of trustees  may,  by  local  law,
increase  a  three  member  board of appeals to five members. Additional
members shall be  first  appointed  for  single  terms  as  provided  by
resolution  in  order  that the terms of members shall expire in each of
five successive years and their successors shall thereafter be appointed
for full terms of five years. No such additional member shall take  part
in  the consideration of any matter for which an application was on file
with the board of appeals at the time of his or her appointment.
7. Decreasing membership. A board of trustees which has increased  the
number  of  members  of  the board of appeals to five may, by local law,
decrease the number of members of the board of appeals to three to  take
effect upon the next two expirations of terms.
7-a.  Training  and  attendance  requirements.  (a) Each member of the
board of appeals shall complete, at a minimum, four  hours  of  training
each  year designed to enable such members to more effectively carry out
their duties. Training received by a member in excess of four  hours  in
any  one year may be carried over by the member into succeeding years in
order to meet the requirements of this subdivision. Such training  shall
be approved by the board of trustees and may include, but not be limited
to,  training  provided  by  a municipality, regional or county planning

office  or  commission,  county  planning  federation,   state   agency,
statewide  municipal  association,  college  or  other  similar  entity.
Training may be provided in a variety  of  formats,  including  but  not
limited  to,  electronic media, video, distance learning and traditional
classroom training.
(b) To be eligible for reappointment to such board, such member  shall
have  completed  the  training  promoted by the village pursuant to this
subdivision.
(c) The training  required  by  this  subdivision  may  be  waived  or
modified by resolution of the board of trustees when, in the judgment of
the  board  of trustees, it is in the best interest of the village to do
so.
(d) No decision of a board of appeals  shall  be  voided  or  declared
invalid because of a failure to comply with this subdivision.
8.  Vacancy  in  office.  If  a  vacancy shall occur otherwise than by
expiration of term, the mayor shall  appoint  the  new  member  for  the
unexpired term.
9. Removal of members. The mayor 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 non-compliance with
minimum requirements relating to  meeting  attendance  and  training  as
established by the village board of trustees by local law.
10.  Chairperson duties. All meetings of the board of appeals shall be
held at the call of the chairperson and at  such  other  times  as  such
board  may  determine.  Such  chairperson, or in his or her absence, the
acting chairperson, may administer oaths and compel  the  attendance  of
witnesses.
11.  Alternate  members.  a. A village board of trustees may, by local
law or as a part of the local law creating the zoning board of  appeals,
establish  alternate  zoning  board  of  appeals  member  positions  for
purposes of substituting for a member in the event such member is unable
to participate because of a conflict of interest. Alternate  members  of
the  zoning board of appeals shall be appointed by the mayor, subject to
the approval of the board of trustees,  for  terms  established  by  the
village board of trustees.
b.  The  chairperson  of  the zoning board of appeals may designate an
alternate member to substitute for a member when such member  is  unable
to  participate  because  of a conflict of interest on an application or
matter before the board. When so designated, the alternate member  shall
possess all the powers and responsibilities of such member of the board.
Such designation shall be entered into the minutes of the initial zoning
board of appeals meeting at which the substitution is made.
c.  All provisions of this section relating to zoning board of appeals
member  training  and  continuing  education,  attendance,  conflict  of
interest,  compensation,  eligibility,  vacancy  in office, removal, and
service on other boards, shall also apply to alternate members.