B.
The Board shall have all the powers and duties prescribed
by law and by this chapter.
C.
The Board shall appoint a Secretary and shall prescribe
rules for the conduct of its affairs.
D.
All meetings of the Board of Appeals shall be open
to the public. A quorum shall consist of three members.
E.
Every decision by the Board shall be by resolution
and shall contain a full record of the findings of the Board in the
particular case.
[Amended 2-1-2007 by L.L. No. 1-2007]
A.
Applications for any action by the Board of Appeals
shall be submitted in the form required by the Board and filed in
the municipal office.
B.
The Board of Appeals shall follow the procedures of
Town Law § 267-a in conducting public hearings and providing
notice thereof.
C.
No action shall be taken on applications referred
to the Monroe County Department of Planning until the Department's
recommendation has been received or 30 days have elapsed after the
Department received the full statement on the applicant's proposal.
D.
The fee for an application to the Board of Appeals,
other than a request from the Building Inspector, shall be as set
by the Town Board; and set forth in the Schedule of Fees.
The Board of Appeals shall, upon appeal, hear
and decide any matter where the applicant alleges that the Building
Inspector was in error in refusing to issue a building permit or certificate
of occupancy as a result of misinterpreting the meaning, intent or
application of any section or part of this chapter.
A.
General powers. The Board of Appeals shall have the
power of passing on appeals to vary or modify the application of the
regulations or provisions of this chapter where, as a result of exceptional
physical conditions connected with a particular site there are practical
difficulties or unnecessary hardships in the way of carrying out the
strict letter of this chapter that would deprive the owner of the
reasonable use of the land or building involved. The Board of Appeals
shall apply the criteria and conditions set forth in Town Law §
267-b.
[Amended 8-7-1978; 2-1-2007 by L.L. No. 1-2007]
B.
Guiding principles.
(1)
Every decision by the Board of Appeals granting a
variance shall clearly set forth the nature and extent of such variance.
(2)
Every variance granted by the Board of Appeals may be made subject to such additional conditions and safeguards as the Board shall deem to be applicable to the particular case. Violations of such conditions and safeguards that are a part of the Board's decision shall be deemed a violation of this chapter, punishable under the provisions of § 130-75.
(3)
Any variance granted by the Board of Appeals pursuant
to the provisions of this section shall be construed to be a nonconforming
use.
C.
General standards. For every such variance in the
strict application of any provision of this chapter, the Board of
Appeals shall determine that:
(1)
Strict application of the chapter would cause practical
difficulties or unnecessary hardships which, under the circumstances,
would deprive the applicant of the reasonable use of such land or
buildings.
(2)
Such practical difficulties or unnecessary hardships
are unique and are not shared by all properties in the vicinity.
(3)
Such practical difficulties or unnecessary hardships
are not self-imposed.
(4)
Such variance is the minimum variance that will relieve
such practical difficulties or unnecessary hardships.
(5)
Such variance is in the spirit of the general purposes and intent of this chapter as stated in § 130-2.
(6)
Such variance is so designed as to provide reasonable
consideration to, among other things, the character of the neighborhood
or district, the conservation of property values in the vicinity and
the guidance of building development in accordance with the Comprehensive
Plan.
(7)
Such variance does not involve substantial detriment
to the public welfare and does not substantially impair the intent
and purpose of the zone plan and of this chapter.
D.
Specific types of variances. In the instances of the following types of variances, the Board of Appeals is hereby specifically empowered to grant the variance pursuant to the guiding principles and general standards stated in Subsections B and C above and to the following provisions:
(1)
With respect to lots lying across district boundary
lines, to grant a permit, in appropriate cases, where the lot of the
applicant, as such lot existed on the effective date of this chapter,
lies across the boundary of two districts, for the extension into
the more restrictive district of a lawful conforming use permitted
in the less restrictive district, but for a distance not exceeding
50 feet measured at right angles to such district boundary line.
(2)
With respect to nonconforming uses, buildings and
lots:
(a)
To grant a permit for the enlargement or extension
of a nonconforming use or building on the lot occupied by such use
or building on the effective date of this chapter, provided that:
[1]
Such enlargement or extension was arranged,
intended or designed for such nonconforming use or building on the
effective date of this chapter.
[2]
Such enlargement or extension shall not exceed,
in all, exclusive of foundations, 50% of the replacement cost of the
existing building on the effective date of this chapter.
(b)
To grant a permit for the reconstruction, structural
alteration, restoration or repair of a building or structure used
for a nonconforming use, to an extent exceeding, in aggregate, 50%
of the replacement cost of such building or structure, exclusive of
foundations.
(c)
To grant a certificate of occupancy for a change
in nonconforming use, provided that:
(3)
With respect to yard requirements, to grant a variance modifying the yard requirements of a nonconforming lot which qualifies under the terms of § 130-54D as to ownership, but where compliance with the dimensional provisions of the chapter is infeasible.
(4)
With respect to fences, walls and hedges, to grant a permit, in appropriate cases, for a higher fence, wall or hedge than the maximum heights stipulated in § 130-30.
(5)
With respect to accessory parking and truck loading
spaces:
(a)
To waive the requirements of § 130-38 for off-street parking and truck loading spaces, in whole or in part, in a case where the municipality owns or operates a public parking and/or truck loading area within 500 feet of the lot and where the Board of Appeals determines that there is no need for additional facilities.
(b)
To waive the requirements of § 130-38 for off-street parking and/or truck loading spaces, in whole or in part, after making a finding that the normal application of such requirements is infeasible because:
(c)
To permit a reduction in the number of off-street parking spaces and/or truck loading spaces originally required and installed for a particular use pursuant to § 130-38 in cases where the Board of Appeals determines that, by reason of diminution in number of dwelling units or residents, floor area, seating capacity or area, number of employees or change in other factors determining the demand for such spaces, the proposed reduction in available spaces will be consistent with the requirements of § 130-38, and further provided that the area so withdrawn from these uses remains in reserve for potential future increases in need.
(6)
With respect to temporary building permits:
(a)
To grant a temporary building permit for a period
not to exceed one year for a nonconforming building, structure or
use incidental to a building or other construction project, including
such uses as the storage of building supplies and machinery, a real
estate office or model house located on or near a tract of land where
individual properties are being offered for sale, provided that:
[1]
Such temporary permit shall be issued only upon
written agreement by the owner or his agent to remove such building,
structure or use or to convert it to a conforming use upon expiration
of the permit;
[2]
Such permit shall be subject to such reasonable
conditions as said Board of Appeals shall determine to be necessary
to protect the public health, safety, morals or general welfare.
(b)
Such permit may be renewed annually, at the
direction of the Board of Appeals, for not more than two additional
years.
