Powers.
The Zoning Board of Appeals shall have the following powers;
A. Administrative review. To hear and decide appeals from and review any order, requirement, decision or determination made by the Code Enforcement Officer or other administrative officer in carrying out or enforcing any provision of this chapter. The concurring vote of a majority of the members of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of any administrative official or to decide in favor of the applicant any matter upon which it is required to pass under any such ordinance.
B. Special use permits. To hear and decide applications for special use permits as specified in
Article X: Special Use Permits of this chapter and to authorize issuance of special use permits as specifically provided therein. A majority vote of the members of the Zoning Board of Appeals shall be necessary to grant a special use permit.
C. Variances. The Zoning Board of Appeals shall have the power, after public notice and hearing and in accordance with the requirements of law and this chapter, to grant use variances and area variances as those terms are defined herein. A majority vote of the members of the Zoning Board of Appeals shall be necessary to grant a variance. Where an action is the subject of a referral to the Yates County Planning Board, the voting provisions of § 239-m of the General Municipal Law shall apply.
Scope of powers.
A. In exercising the above-mentioned powers, such Zoning Board of Appeals may, in conformity with the provisions of this Article, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made regarding the premises and, to that end, shall have the powers of the officer from whom the appeal was taken. Notice of such decision shall be given forthwith to all parties in interest.
B. The Zoning Board of Appeals does not have the power to permit a use prohibited by this chapter.
