The original or certified copy of all applications,
plans, findings, decisions, permits, certificates or other rulings
of the Code and Zoning Enforcement Officer or ZBA under this chapter
shall be retained in the files of the Code and Zoning Enforcement
Officer as a permanent public record.
Unless otherwise stated, all petitions, applications
and appeals provided for in this chapter shall be made on forms prescribed
by the Code and Zoning Enforcement Officer. Completed forms shall
be accompanied by whatever further information, plans or specifications
may be required by such forms.
The ZBA may vary or adapt the strict application
of any of the requirements of this chapter in the case whereby such
strict application would result in unnecessary hardship that would
deprive the property owner of the reasonable use of the land involved.
No variance in the strict application of any provision of this chapter
shall be granted by the ZBA unless it shall find all of the following:
A. That there are special circumstances or conditions,
fully described in the findings of the ZBA, applying to such land
and that such circumstances or conditions are such that strict application
of the provisions of this chapter would deprive the applicant of the
reasonable use of such land.
B. That the variance would not be materially detrimental
to the purposes and objectives of this chapter, or to other adjoining
properties, or otherwise conflict with the purpose or objectives of
any plan or policy of the Town.
C. That for reasons fully set forth in the findings of
the ZBA, the granting of the variance is necessary for the reasonable
use of the land and that the variance as granted by the ZBA is the
minimum variance which would alleviate the specific unnecessary hardship
found by the ZBA to affect the applicant.
D. In granting any variance, the ZBA shall prescribe
and attach any reasonable conditions that it deems to be necessary
or desirable.
Variances may be sought by filing an application with the ZBA using forms supplied by the Code and Zoning Enforcement Officer, which shall include all information reasonably considered by the ZBA as necessary to make its findings under §
129-23 of this chapter, including, among other things, the legal description of the property for which the variance is sought, plans and elevations necessary to fully describe the conditions for which a variance is sought, and all other information reasonably considered necessary by the ZBA for an understanding of the conditions of the property for which the variance is sought and the relationship thereof to surrounding properties.
An action, decision, omission or ruling of the
ZBA pursuant to this chapter may be reviewed at the request of any
aggrieved person in accordance with Article 78 of the Civil Practice
Law and Rules, but application for such review must be made not later
than 60 days from the effective date of the decision or ruling or
the date when the action or omission occurred.