§ 220-92. Creation, appointment and organization of Zoning Board of Appeals., Article X. Board of Appeals and Planning Board, Chapter 220. Zoning, Part II. General Legislation, Code of Ordinances, Canandaigua, Town

The Town Board does hereby establish a Zoning Board of Appeals.

(1)

The number of members of the Zoning Board of Appeals shall be five members.

(2)

Each member's term of office shall be that specified elsewhere in New York State Town Law and may be amended from time to time as further specified in Town Law.

(3)

There shall also be one alternate member, to be appointed by resolution of the Town Board for a term of five years.

(4)

The Zoning Board of Appeals Chairperson shall 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, or when a member is absent from the meeting at which the Zoning Board of Appeals votes on an application. Prior to designating an alternate member to substitute during a member's absence, the Zoning Board of Appeals Chairperson must make a finding on the record that:

(a)

The member was notified of the scheduled meeting of the Zoning Board of Appeals;

(b)

The member was aware that the Zoning Board of Appeals would be voting on the particular application; and

(c)

The alternate member was present for all relevant public hearings held for the application or has familiarized himself with the record of such public hearings.

(5)

Members and alternate members shall maintain a minimum number of hours of training annually as set forth by resolution of the Town Board.

(6)

Members and alternate members shall receive training from sources as set forth by resolution of the Town Board.

The Town Board shall, at its organizational meeting each year, appoint a Chairperson to the Zoning Board of Appeals. The term of office shall be one year.

The Zoning Board of Appeals shall, by resolution, establish and maintain such rules and regulations as are required by law and the provisions for the transaction of their business. A copy of said resolution shall be filed with the Town Clerk.

Whenever the Zoning Board of Appeals, after hearing all the evidence presented upon an application for appeals under the provisions of this chapter, takes action to deny the application, said Board shall refuse to hold further hearings on the same or substantially similar application for appeal by the applicant, their successors or assigns, for a period of one year, except and unless the Board shall find and determine from the information supplied in the request for a rehearing that changed conditions have occurred relating to the promotion of public health, safety, convenience, comfort, prosperity and general welfare and that a reconsideration is justified. Such rehearing may be granted only upon a unanimous vote of all members of the Board then present.