[Amended 6-3-1981]
There is hereby established a Zoning Board of Appeals to consist
of five members to be appointed by the Town Board, with or without
pay, as the Town Board may direct or provide. The Town Board shall
also designate the Chairman of such Zoning Board of Appeals. Such
Zoning Board of Appeals shall have power to appoint a Secretary to
perform clerical and secretarial duties to the Board of Appeals.
Of the members of the Board first appointed, one shall hold
office for the term of one year, one for two years, one for three
years, one for four and one for five years from and after his appointment.
Their successors shall be appointed for the terms of five years and
from and after the expiration of the terms of their predecessors in
office.
If a vacancy shall occur otherwise than by expiration of terms,
it shall be filled by the Town Board by appointment for the unexpired
term.
The Town Board shall have the power to remove any member of
the Zoning Board of Appeals for cause and after a public hearing.
All meetings of the Zoning Board of Appeals shall be held at
the call of the Chairman and at such other times as such Board may
determine and shall be open to the public.
The Chairman or, in his absence, the Acting Chairman shall preside
at all meetings of the Zoning Board of Appeals and may administer
oaths and compel the attendance of witnesses.
A.
The Zoning Board of Appeals shall keep minutes of its proceedings,
showing the vote of each member upon every question, or, if absent
or failing to vote, indicating such fact, and shall keep records of
its examinations or other official actions.
B.
Every rule, regulation, every amendment or repeal thereof and every
order, requirement, decision or determination of the Zoning Board
of Appeals shall immediately be filed in the office of the Town Clerk
and shall be a public record.
Three members of the Board shall constitute a quorum for the
transaction of business, and the concurring vote of a majority of
the members of the Board shall be necessary to reverse any order,
requirement, decision or determination of the Zoning Enforcement Officer
or to decide in favor of an applicant in any matter upon which it
is required to pass under this chapter, except as otherwise specifically
provided.
The Zoning Board of Appeals shall hear and decide appeals from
and review any order, requirement, decision or determination made
by the Zoning Enforcement Officer or any other officer, board or department
of the Town. It shall also interpret any provision of this chapter
and hear and decide all matters referred to it or upon which it is
required to pass under this chapter.
Except where specific power is retained by and invested in the
Town Board by this chapter, the Zoning Board of Appeals, after due
notice and public hearing, may, in specific cases and subject to appropriate
conditions and safeguards, determine and vary the application of the
regulations herein established in harmony with their general purposes
and intent as follows:
A.
Grant a permit whenever it is provided in this chapter that the approval
of the Zoning Board of Appeals is required.
B.
Grant, in appropriate cases, conditional permits for new nonconforming
uses or for the continuance or extension of existing nonconforming
uses; such permit to be nontransferable and to terminate within the
time permitted or such time as the licensee continues the occupancy
or the use for which the permit is granted.
C.
Grant, in appropriate cases, where the property of the applicant
lies across the boundary of two zones, a conditional permit for the
extension of a lawful conforming use permitted in the less restricted
zone into the more restricted zone for a distance not exceeding 75
feet, measured at right angles from such a zone boundary.
D.
Grant, in appropriate cases, conditional permits for boarding- or
rooming houses.
[Amended 3-7-1979]
Appeals may be taken to the Zoning Board of Appeals from any
order, requirement, decision or determination, decision or determination
of the Zoning Enforcement Officer by a person aggrieved or by any
officer, department, board or bureau of the Town. Such appeal shall
be taken within such time as shall be prescribed by the Zoning Board
of Appeals by general rule by filing with the Zoning Enforcement Officer
and with the Zoning Board of Appeals a notice of appeal specifying
the grounds thereof. The Zoning Enforcement Officer shall forthwith
transmit to the Zoning Board of Appeals all of the papers constituting
the record upon which the action appealed from was taken. A fee, in
an amount to be fixed by resolution of the Town Board from time to
time, shall be paid to the Town Clerk at the time of application for
an appeal to the Zoning Board of Appeals, and this fee shall be for
each appeal made. The signature of the property owner must appear
on all applications.
An appeal stays all proceedings in furtherance of the action
appealed from, unless the Zoning Enforcement Officer certifies to
the Zoning Board of Appeals, after the notice of appeal shall have
been filed with him, that by reason of facts stated in the certificate
a stay would, in his opinion, cause imminent peril to life or property,
in which case proceedings shall not be stayed otherwise than by a
restraining order which may be granted by the Zoning Board of Appeals
or by a court of record on application, on notice to the Zoning Enforcement
Officer from whose action the appeal is taken and on due cause shown.
A.
The Zoning Board of Appeals shall fix a reasonable time for the hearing
of the appeals or other matter referred to it and give due and public
notice thereof by publication in the official paper of the Town of
a notice of such public hearing, at least five days prior to the date
thereof, and shall, at least five days before such public hearing,
mail notices thereof to the parties and shall decide such appeal or
matter within 60 days after the final hearing.
[Amended 6-3-1981]
B.
Failure on the part of the appellant to furnish information requested
in writing by the Zoning Board of Appeals prior to the hearing shall
constitute sufficient grounds for an automatic denial of the appeal.
C.
Upon such public hearing, any party may appear in person, by agent
or by attorney.
The Zoning Board of Appeals may make its decision in the manner
provided by law, and any person or persons jointly or severally aggrieved
by a decision of the Zoning Board of Appeals may thereafter apply
for a certiorari order as provided by law.
