The Zoning Board of Appeals shall consist of
five members appointed by the Town Board. The members of the Zoning
Board of Appeals as now constituted shall continue in office until
the expiration of their present terms. Thereafter, their successors
shall be appointed for terms of five years each. Vacancies shall be
filled as provided for in the Town Law.
[Amended 3-20-2000 by L.L. No. 2-2000; 9-15-2008 by L.L. No.
8-2008]
A. Interpretation. Upon an appeal from a decision by
the administrative official charged with the enforcement of this chapter,
the Zoning Board of Appeals shall decide any question involving interpretation
of any provision of this chapter.
B. Variances. Upon an appeal from an order, requirement,
decision or determination by the administrative official charged with
the enforcement of this chapter, the Zoning Board of Appeals may grant
variances in accordance with the following:
(1) Use variance.
(a)
Before the Board of Appeals may grant a use
variance, the applicant shall show that applicable zoning regulations
and restrictions have caused unnecessary hardship. In order to prove
such unnecessary hardship, the applicant shall demonstrate to the
Zoning Board of Appeals that, for each and every permitted use under
the zoning regulations for the particular district where the property
is located, the following four criteria are met:
[1]
The applicant cannot realize a reasonable return,
provided that lack of return is substantial as demonstrated by competent
financial evidence.
[2]
The alleged hardship relating to the property
in question is unique and does not apply to a substantial portion
of the district or neighborhood.
[3]
The requested use variance, if granted, will
not alter the essential character of the neighborhood.
[4]
The alleged hardship has not been self-created.
(b)
The Zoning Board of Appeals, in the granting
of use variances, shall grant the minimum variance that it shall deem
necessary and adequate to address the unnecessary hardship proven
by the applicant and at the same time preserve and protect the character
of the neighborhood and the health, safety and welfare of the community.
(2) Area variance.
(a)
Area variances may be considered where the dimensional
or physical requirements of the applicable zoning regulations cannot
be reasonably met. In determining whether to grant an area variance,
the Zoning Board of Appeals shall take into consideration the benefit
of the applicant if the variance is granted as weighted against the
detriment to the health, safety and welfare of the neighborhood or
community by such grant. In making such determination, the Board shall
also consider:
[1]
Whether an undesirable change will be produced
in the character of the neighborhood or a detriment to nearby properties
will be created by the granting of the area variance.
[2]
Whether the benefit sought by the applicant
can be achieved by some method, feasible for the applicant to pursue,
other than an area variance.
[3]
Whether the requested area variance is substantial.
[4]
Whether the proposed variance will have an adverse
effect or impact on the physical or environmental conditions in the
neighborhood or district.
[5]
Whether the alleged difficulty was self-created,
which consideration shall be relevant to the decision of the Zoning
Board of Appeals but shall not necessarily preclude the granting of
the area variance.
(b)
The Zoning Board of Appeals, in the granting
of area variances, shall grant the minimum variance that it shall
deem necessary and adequate and at the same time preserve and protect
the character of the neighborhood and the health, safety and welfare
of the community.
(3) Imposition of conditions. The Zoning Board of Appeals
shall, in the granting of both use variances and area variances, have
the authority to impose such reasonable conditions and restrictions
as are directly related to and incidental to the proposed use of the
property. Such conditions shall be consistent with the spirit and
intent of this chapter and shall be imposed for the purpose of minimizing
any adverse impact such variance may have on the neighborhood or community.
Any variance or modification of regulations
authorized by the Zoning Board of Appeals shall be automatically revoked
unless a building permit conforming to all the conditions and requirements
established by the Zoning Board of Appeals is obtained within six
months of the date of approval by the Board of Appeals and construction
commenced within one year of such date of approval.
The Town of Wheatfield shall appoint a Planning
Board consisting of five members, said appointments to be made in
the manner as prescribed by Town Law. The Planning Board shall exercise
the powers, functions and duties as prescribed by the Town Law, with
the exception that the Town Board shall reserve its authority to grant
subdivision approval unto itself.
Whenever a violation of this chapter occurs,
any person may file a complaint in regard thereto. All such complaints
must be in writing and shall be filed with the Building Inspector,
who shall properly record such complaint and immediately investigate
and report thereon to the Town Board.
Except as otherwise provided, any person who
violates any provision of this chapter or any regulation adopted hereunder
is guilty of an offense punishable by a fine not exceeding $350 for
the first violation; a minimum of $350 and a maximum of $700 for a
second violation within five years; and a minimum of $700 and a maximum
of $1,000 for a third or subsequent violation within five years; or
imprisonment for a period not to exceed six months, or both. Each
week's continued violation shall constitute a separate violation.
Pursuant to Chapter
3, Appearance Tickets, the Building Inspector may issue appearance tickets, the purpose being to enable him or her to bring an alleged violator into court without the necessity of issuance of a summons by a local court.