The Zoning Board of Appeals (ZBA) meets the third Thursday of each month, when needed, at 7:00 P.M. All meetings are held at the Town of Bergen Town Hall, 10 Hunter Street, Bergen, NY Legal notices are published in The Batavia Daily News.
The powers of the ZBA are established by state law, which establish the ZBA as an appellate board that can review the application of a person who has applied to the Code Enforcement Officer for a building permit and such permit was denied. An “aggrieved” citizen can also appeal the decision of the Code Enforcement Officer where a permit was granted. In both instances, the ZBA is the first level of appeal from the decision of the Code Enforcement Officer.
There are two types of matters that come before the ZBA. They are variances and interpretations. There are two types of variances:
- Area variances dealing with dimensional issues such as setbacks from property lines, and building heights; and
- Use variances, that allow a use not otherwise permitted on the property by the Zoning Ordinance.
If a person believes the Zoning Enforcement Officer wrongly applied the law he/she can file an appeal for interpretation. The applicant must provide proof of their case to the ZBA to receive a variance.
Please see Article III Chapter 475 Town of Bergen Zoning Law for further explanation.