HomeMy WebLinkAboutBZA Rules and Regulations - Amended 02-08-1996 RULES AND REGULATIONS OF THE BOARD OF ZONING APPEALS
CITY OF ITHACA, NEW YORK (AMENDED FEBRUARY 8, 1996)
In order to insure and protect the rights of all appellants
and other interested persons appearing before this Board at a
public hearing duly called by the Board of Zoning Appeals of the
City of Ithaca, New York, this Board by the authority vested in
them by the New York State General City Law and/or the General
Municipal Laws and the Zoning Ordinance of the City of Ithaca,
adopted May 25, 1977, and as amended, does hereby adopt the
following rules of procedure :
I . PROCEDURE FOR OPENING A PUBLIC HEARING
A. The Chair of the Board, or in their absence, the duly
elected Acting Chair, shall call the public hearing to order. The
term "Chair" as used herein, shall include a "duly elected
Chair" .
B. The Chair shall make the opening remarks substantially as
follows :
1) Call to order (by the Chair)
2) The duly appointed Board of Zoning Appeals, meeting
in a formal public hearing in the matter of
3) Identify the members of the Board present, Secretary
and Building Commissioner, and Recording Secretary.
4) This Board is operating under the provisions of the
City Charter of the City of Ithaca and of the provisions of the
Zoning Ordinances; the Board shall not be bound by strict rules of
evidence in the conduct of this hearing, but the determination
shall be founded upon sufficient legal evidence to sustain the
same.
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5) The Board requests that all participants identify
themselves as to name and address, and confine their discussions to
the pertinent facts of the case under consideration. Please avoid
extraneous material which would have a delaying effect .
C. The Chair shall further briefly explain the order of
procedure to be followed, as indicated below, and then request that
the Building Commissioner proceed with the hearing.
II . GENERAL PROCEDURE OF HEARINGS
A. If more than one case is scheduled to be heard at a public
hearing the cases shall be taken in numerical order as listed in
the publication of notice of hearing, unless the Board by motion
duly made and passed, determines that some other order shall be
followed.
B. The Board will consider any request by an applicant for
postponement of his case to a later meeting, but approval of such a
request will require a majority vote of members present . In
considering such a request, the Board will weigh the reasons for
delay offered by the applicant in his or her interest, along with
the public interest in achieving the earliest possible resolution
of the case . If a variance is being sought to bring an existing
situation into zoning compliance, the obvious public interest in
prompt resolution will be given particular weight when a request
for postponement is being considered. "
C. Each case set for public hearing, except those withdrawn
or postponed, shall be heard, and then the Board shall make
determination of each case which has been heard. If, however, the
Board feels there is a question of law or a question of fact to be
resolved prior to its determination of a case, it may table the
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matter or continue it to another meeting, pending such
determination.
1) Questions of law to be resolved may be referred to
the City Attorney.
2) If there be a question of fact to be resolved prior
to determination of the case, the Board may resolve the question of
fact from the testimony presented at the public hearing, or if
further information be required, the Board may require an
additional public hearing, which shall be duly published and
noticed as required for the original hearing.
D. The Board, upon motion duly made and passed, may adjourn a
hearing completely or partially to a future time to be designated
by the Board in said motion. The Board shall not be required to
publish or give any other notice of said adjournment, since it is
on the public record at the hearing.
E. The Chair shall allow only the appellants and any other
interested persons to give testimony or make comments to the Board
at said public hearing. The Chair may determine who is an
interested person and who is not an interested person. In general,
an interested person shall be any person or persons whom he
represents whose property would be adversely affected by the
granting of the relief sought from the Board. People are
considered to be interested persons if they live or work or own
property within two hundred (200) feet of the property under
consideration or if they are authorized representatives of an
adjacent neighborhood civic group, or any City-elected officials .
An agent may speak for any interested party in which case the
interested party may not testify.
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c
F. Any person representing a civic group or association or
several property owners, shall submit a written authorization from
said persons constituting the group, to speak in their behalf .
G. Anyone testifying or presenting argument before the Board
shall confine themselves to the facts involved in the particular
case being heard. The Chair or any member of the Board may at any
time request that the person so appearing conform to the rule so
above stated.
1) The appellant ' s written case must be filed in its.
entirety in the office of the Building Commissioner no later than
five (5) business days before the scheduled public hearing so that
the file is available for examination by interested persons during
the business hours of the Building Department . No further written
information will be added to the file by the appellant or
considered at the public hearing.
2) The Chair of the Board and any member of the Board
shall identify for the appellant areas of the case in which
clarification or further testimony is sought . The appellant will
then have a brief period to address any oral arguments to those
specific issues .
3) The Board shall then hear arguments in favor of the
relief sought by interested parties .
4) The Board shall then hear arguments in opposition to
the relief sought by interested parties .
5) The appellant will then be allowed a brief period of
rebuttal of the arguments presented by the opposition or may
request an adjournment to obtain facts which may not be immediately
available to rebut the arguments raised by the opposition.
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6) The appellant may, upon request of the Chair of the
Board, and in the Chair' s discretion, examine any witness for the
opposition. The Chair, however, may in their discretion refuse to
allow any person to examine another person, and to require that the
Board do all the questioning, if any is desired. When all
testimony on a case has been heard, the Board will begin its open
deliberations on the case, at which time no additional testimony or
comments will be permitted from the public or the appellant . When
the Board has completed its deliberations the members will vote on
the case by ballot and the Chair will then announce the ruling of
the Board.
H. A tape recorded record of all presentations made before
the Board in public hearing and the Board' s deliberations shall be
available to the public in the Building Commissioner' s Office
within three weeks after said hearing. The presentations may be
available in said office, but shall not be taken out of said
office. Copies may be made available at the expense of the person
requesting them.
I . The Board shall attempt to resolve all questions and make
a decision in any case heard at that particular meeting. If there
are only three or four members of the Board present for the
hearing, the Board shall nevertheless attempt to make a decision.
In special cases where the Board determines that it would be in the
best interest of all concerned to defer decision until the rest of
the Board can read the transcript of the proceedings and make a
decision in any particular case, the Board may do so, but it shall
not leave the matter without determination for more than a period
of two weeks from the time of the original hearing unless it
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determines that there is an unresolved question of law or fact or
an additional hearing is required.
J. All motions directed towards either granting or denying
the application requested should generally be in the form of an
affirmative motion. If a motion to grant a variance should fail for
lack of three affirmative votes, the Board must then move to deny
the variance and make determinations of facts which support the
denial of a variance as required by Section K. below. In the event
of a motion to deny the application, the application is deemed
denied unless there are at least three votes against said motion.
K. All motions directed towards either granting or denying
the application requested shall include determinations of fact .
Before a motion is voted on, a member of the Board shall make
determinations of fact .
L. After making findings of fact, a member of the Board may
make a motion directed towards a decision and state the conclusions
and reasons for said decision.
M. After the Board has reached decision on each case heard at
any particular session, except when the Board make a determination
to delay decision on any particular case, under "II .D. " above, the
Board shall announce that decision, including the findings of fact
and reasons and conclusions.
N. Appeals from a decision of the Building Commissioner must
be filed with the Board Secretary on forms approved by the Board
within sixty (60) days of the date of the written decision of said
official and shall specify the alleged error or errors in such
order, requirement, decision, or determination. Said written
decision shall be the first of the following to occur: (1) the
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date that a building permit is issued authorizing construction,
alteration, demolition, or change of use; (2) the date that a
building permit is denied for a specific action; (3) the date that
a Certificate of Occupancy is issued authorizing use and occupancy
of a building or property; or (4) the date that a letter is mailed
or personally delivered indicating that a proposed use,
construction, alteration, or change of use for a building or
property would not be approved because it would be in violation of
the Zoning Ordinance.
III . DECISIONS
A. The secretary of the Board of Zoning Appeals shall notify
the appellant in writing, stating the decision and reasons of the
Board; copies of such notice shall also be made available to any
interested party who so requests a copy of said decision. An
appellant or interested party may request and receive verbal
information as to the results of a decision at any time during
normal office hours after the decision is made.
B. Any appellant who has additional facts which were not
available at the initial public hearing or other arguments to be
presented may request the Board in writing to rehear the case .
Upon proper republication and notice the Board in regular session
shall make a determination on the basis of the written material
submitted as to whether said rehearing shall be held.
C. Proper filing of a decision of this Board shall be
effective upon the filing of the decision in the office of the
Zoning Officer.
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IV. TIME OF MEETINGS
A. Regular public hearings of the Board of Zoning Appeals are
held on the first Monday of every month except when an official
bank holiday falls on Monday, in which event such public hearing
may be on the second Monday of that month. Hearings are usually
scheduled for 7 : 00 P.M. in the Common Council Chambers .
B. The Board in its discretion may set a regularly scheduled
public hearing for any other date by agreement of all the members.
C. The Board shall avoid wherever possible holding hearings
other than at the time when regularly scheduled, except in
situations where the agenda is too large for a single meeting or
other special circumstances arise . The Board shall not meet in
special sessions to hear cases that have not been scheduled and for
which the public has not been notified.
V. QUORUM
At least three members of the Board shall constitute a quorum
and may conduct a public hearing as scheduled. A quorum may make
full and final determination of all cases scheduled and presented,
in accordance with the existing rules .
VI . VOTING
All decisions and all votes in a resolution granting relief
shall be passed by at least three out of the five in favor of the
said vote or resolution. Voting an appeal shall be by written
ballot, indicating the date, case number and vote . The Secretary
shall monitor the vote.
VII . PREPARATION OF APPLICATION
The Secretary is encouraged not to help prepare the
application for appeals, since such action may put him/her in a
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difficult position. The appellant or appellant ' s representative
shall prepare the application, but may call upon the Secretary for
guidance only.
VIII . OUTSIDE COUNSEL
The members of the Board are encouraged not to discuss a
pending case with appellants or other interested parties outside
the public hearing prior to final determination of the case .
IX. AMENDMENTS
These rules may be changed at any time during a public hearing
special session by majority vote of any QUORUM present .
X. These rules shall supersede any other written rules of this
Board.
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