N.Y. Village Law § 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.