Zoning Board of Appeals
Contact: Shawn L Cotter, L.S.
2716 County Road 47
Canandaigua, NY 14424
Phone: (585) 394-0036, ext. 8
Fax: (585) 394-8714
ZBA Meetings: Tentative 2023 Calendar - every 3rd Monday of each month @ 6:30 P.M.
September 18 CANCELLED, October 16, November 20, * December 11 (date change)
Term Members & Expirations
- Members all serve a Five Year Term.
- ONE ALTERNATE POSITION IS AVAILABLE...Please contact Town Clerk Denise Hood if interested.
- Salary - $100 annual stipend + $60 per meeting attended as a voting member - Average 8-12 meetings per year
- Average meeting time 30 - 90 minutes.
Rich Vienna - ZBA Chairman - Term Expiration 12/31/2023
Valerie Calkins - ZBA Alternate - No Term Expiration
VACANCY - ZBA Member - Term Expiration 12/31/2025
Mickie Kelly - ZBA Member - Term Expiration 12/31/2027
Grace Perry - ZBA Member - Term Expiration 12/31/2024
Robert Price - ZBA Member - Term Expiration 12/31/2026
Agendas and Minutes
Past Year Minutes
The Zoning Board of Appeals shall have all the powers and duties prescribed by §267-b of the NYS Town Law of the State of New York and by this ordinance. These powers and duties are more particularly specified as follows:
- Interpretation. Upon appeal from a decision by an administrative official, to decide any question involving the interpretation of any provision of this ordinance, including determination of the exact location of any district boundary if there is uncertainty with respect hereto.
- Appeals. The Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation or determination appealed from and shall make such order, requirement, decision, interpretation or determination as in its opinion ought to have been made in the matter by the administrative official charged with the enforcement of such ordinance or local law and to that end shall have all the powers of the administrative official from whose order, requirement, decision, interpretation or determination the appeal is taken. Re-hearings of previously unheard applications may be made in accordance with Town Law §267-a(12).
- Variances. When in its judgment, the public safety, convenience and welfare will be served, the Zoning Board of Appeals may vary or modify the application of the regulations or provisions of this ordinance relating to the use, construction or alteration of structures or use of the land. In such cases, the Zoning Board is empowered to grant exceptions in harmony with the general purpose and intent of this ordinance. Variances will be granted in appropriate and specific cases only after public notice and hearing and subject to such appropriate conditions and safeguards the Zoning Board of Appeals may impose.
- As used in this ordinance, a variance is authorized for height, area, size of structure, size of yards and open spaces or for establishment or expansion of a use otherwise not allowed. A variance shall not be granted solely because of the presence of non-conformities in the zoning district or uses in an adjoining zoning district.
- Variance procedures.
- An application for the approval of a variance shall be made to the Code Enforcement Officer on forms available therefrom, accompanied by the necessary fees and documents as provided in this ordinance and the regulations issued here-under.
- The application shall be accompanied by a map drawn to an appropriate scale and showing all existing and proposed characteristics of the site and adjacent properties necessary for consideration of the variance request. For applications where site plan approval is also required, a preliminary site plan in accordance with Article XVII (Site Plan Review and Approval) of this ordinance shall be required.
- A use variance shall not be granted by a Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship the applicant shall demonstrate to the Board of Appeals that for each and every permitted use under the zoning regulations for the particular district where the property is located:
- The applicant cannot realize a reasonable return, provided that lack of return is substantial, as demonstrated by competent financial evidence;
- That the alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood;
- That the requested use variance, if granted, will not alter the essential character of the neighborhood; and
- That the alleged hardship has not been self-created.
- In making its determination on granting an area variance, the zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant and the compatibility of said variance with the Hopewell Comprehensive Plan. In making such determination the board shall also consider:
- Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance;
- Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
- Whether the requested area variance is substantial;
- Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
- Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of the area variance.
- The Board of Appeals, in the granting of variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
- The Planning Board shall review and provide recommendations to the Zoning Board of Appeals for variance requests.
- The Zoning Board of Appeals shall fix a reasonable time and place for a public hearing thereon and shall provide for the giving of notice as follows:
- A notice shall be published in the official newspaper of the Town at least ten (10) days prior to the date thereof, the cost of such publication shall be borne by the appealing party and shall be paid to the board prior to the hearing of such appeal.
- The Secretary of the Zoning Board of Appeals shall mail a copy of such notice to all agencies, municipalities, authorities, etc., as prescribed in §267-a of the NYS Town Law and §239-m of the General Municipal Law.
- The cost of sending or publishing any notices relating to such appeal, or a reasonable fee relating thereto, shall be borne by the appealing party and shall be paid to the board prior to the hearing of such appeal.
- The Board shall approve, with or without conditions, or disapprove the application within 62 days of the public hearing as specified in §267-a of NYS Town Law and shall communicate its action, in writing, to the applicant, and to the Code Enforcement Officer within five (5) days of the meeting at which it decided upon the application. When applicable, compliance shall be required in accordance with the provisions of §239-m and §239-n of the General Municipal Law.
- The Code Enforcement Officer shall, upon receipt of the notice of approval and upon application by the applicant, collect all required fees and issue a building permit or such other approval permitting the variance, subject to all conditions imposed by such approval.