What is the Zoning Board of Appeals?
The Zoning Board of Appeals was established to grant exceptions to zoning ordinances in cases where enforcement of the zoning ordinances would cause hardship or injustice. These “non-permitted” uses are based upon the zoning ordinances established by the Village.
The Zoning Board of Appeals consists of five active members, each appointed for a term of five years, and two Ad Hoc members each appointed for a term of one year. The Board is assisted by a professional staff consisting of Village Engineers, the Village Attorney and the board secretary.
Zoning Board of Appeals Meetings
The Zoning Board of Appeals meets once a month on the last Wednesday at 7:30 PM in Village Hall. Public Hearings are scheduled in advance and are subject to notification requirements.
To obtain a variance, a Zoning Variance Application must be completed and submitted to the Zoning Board of Appeals along with the current fee made payable to the Incorporated Village of Bayville. Zoning Variance Applications may be obtained at Village Hall or online.
Limitations of Variances
Because zoning variances may impact neighboring properties, an applicant is not automatically entitled to a variance. An applicant must meet specific criteria contained in the Village Code by satisfying specific legal standards of proof. This burden of proof is placed upon the Applicant to demonstrate that the requested relief is justified.
Zoning laws require that notice be served on all property owners within 200 feet of the Applicant’s property and must be either hand delivered or sent by Certified Mail. The law also requires this notice be published in a local newspaper. Both must be done at least ten days prior to the hearing date. These forms of notification alert neighbors that a variance is being requested so all interested citizens will be assured an opportunity to attend and be heard at the public hearing.