A Zoning Board of Appeals shall be maintained
in accordance with § 267, Article 16 of the Town Law. Said
Board shall consist of five members appointed by the Town Board for
staggered terms of five years. The Town Board shall annually designate
the Chairman of the Board of Appeals, while the Board of Appeals shall
annually designate its Secretary and may prescribe reasonable rules,
in addition to those provided herein, for the conduct of its affairs.
The Zoning Board of Appeals shall have all the
powers and duties prescribed by law and by this chapter, which are
more particularly specified as follows:
A.
Interpretation.
(1)
To hear and decide questions where it is alleged there
is an error in any order, requirement, decision or determination made
by the Zoning Enforcement Officer involving the interpretation of
any provision of this chapter.
(2)
To decide upon the following questions upon request
by an administrative official, board or agency of the town:
B.
Variances. To authorize, upon appeal in specific cases
and while maintaining the principal objective of protecting the public
interest, variances from the terms of this chapter in situations where,
due to documentable exceptional and extraordinary circumstances, there
would result unnecessary hardships or practical difficulties due to
the strict application of the provisions of this chapter. The Board
of Appeals may grant no such variance unless the Board finds:
(1)
That there are special physical conditions, such as
the case of an exceptionally irregular, narrow, shallow or steep lot,
fully described in the findings of the Board, applying to the land
or building for which the variance is sought, which conditions are
peculiar to such land or building and do not generally apply to lands
or buildings in the vicinity or the neighborhood and have not resulted
from any act of the applicant or any predecessor in title;
(2)
That, for reasons fully set forth in the findings
of the Board, the aforesaid circumstances or conditions are such that
the strict application of the provisions of this chapter would deprive
the applicant of the reasonable use of such land or building and the
granting of the variance is necessary for the reasonable use of the
land or building, and that the variance as granted by the Board is
the minimum variance that will permit reasonable use of the land or
building. The needs or desires of a particular owner or tenant or
of a particular prospective owner or tenant shall not, either alone
or in conjunction with other factors, afford any basis for the granting
of a variance. The fact that the improvements already existing at
the time of the application are old, obsolete, outmoded or in disrepair
or the fact that the property is then unimproved shall not be deemed
to make the plight of the property unique or to contribute thereto.
Where the Board finds the zoning classification of a particular property
to be conducive to the deprivation of the reasonable use of the land
or building by the owner thereof, and where the Board deems the same
condition to apply generally to other land or buildings in the same
neighborhood or district, said Board may call this condition to the
attention of the Town Board and may recommend to said Board a general
amendment of this chapter;
(3)
That the granting of the variance under such conditions
as the Board may deem necessary or desirable to apply thereto will
be in harmony with the general purpose and intent of this chapter,
will not represent a substantial departure therefrom, will not be
injurious to the neighborhood or to adjacent properties, will not
change the character thereof and will not be otherwise detrimental
to the public welfare.
C.
Nonconforming uses. To review any request for change
of a nonconforming use to a similar or more restrictive use.
The Zoning Board of Appeals shall act in strict
accordance with the procedure specified by § 267 of the
Town Law and this chapter.
A.
Meetings. Meetings shall be held at the call of the
Chairman or at such other times as the Board of Appeals may determine.
A quorum shall consist of three members, but in order to reverse a
decision of the Zoning Enforcement Officer or authorize a variance,
an affirmative vote of at least three members shall be required. A
favorable vote of a majority plus one, i.e., of at least four members,
shall also be required if the action taken by the Zoning Board of
Appeals is contrary to an advisory recommendation received from the
Ulster County Planning Board under the provisions of § 239
of the General Municipal Law. The Board shall keep accurate minutes
of its proceedings, documenting fully all findings and showing the
vote of each member upon each question. All meetings of the Board
of Appeals shall be open to the public.
B.
Application and fee. All appeals and applications
made to the Board shall be in writing, on forms prescribed by the
Board, within 30 days of the action appealed from, and shall be accompanied
by the applicable fee in accordance with the fee schedule annually
reviewed and established by the Town Board. Every appeal or application
shall refer to the specific provision of this chapter that is involved
and shall precisely set forth either the interpretation that is claimed
or the details of the variance that is applied for and the grounds
on which it is claimed that such variance should be granted.
C.
Public notice and hearing. The Board shall fix a reasonable
time and place for a public hearing on any such appeal or application,
of which hearing date the appellant shall be given notice and at which
hearing he shall appear in person or by agent. The Board shall additionally
provide notice as follows:
(1)
By publishing, at least 10 calendar days prior to
the date thereof, a legal notice in the official newspaper of the
town.
(2)
By requiring that the Secretary of the Board of Appeals
provide notice, at least 10 calendar days prior to the date thereof,
of the substance of every appeal for a variance, together with a notice
of the hearing thereon, by mailing such to the owners of all property
abutting that of the applicant and all owners of property directly
opposite and across any public or private road, or such additional
distances as the Board of Appeals may deem advisable, from the boundaries
of the land involved in the appeal. Compliance with this notification
procedure shall be certified by the Secretary.
[Amended 4-14-1999 by L.L. No. 1-1999]
(a)
The names of owners notified shall be taken
as such appear on the last-completed tax roll for the town.
(b)
Provided that there has been substantial compliance
with this provision, the failure to give notice in exact conformance
herewith shall not be deemed to invalidate an action taken by the
Board of Appeals in either granting or denying an appeal for a variance
from the specific provision of this chapter.
(3)
By requiring the Secretary of the Board of Appeals
to transmit to the Secretary of the Planning Board a copy of any appeal
for a variance, together with a copy of the notice of such hearing,
at least 30 calendar days prior to the date thereof. The Board of
Appeals shall request that the Planning Board submit to the Board
of Appeals an advisory opinion prior to the date of such hearing.
Upon failure of the Planning Board to submit such report, said Board
shall be deemed to have recommended approval of the appeal for variance.
(4)
If the land involved in the appeal lies within 500
feet of the boundary of any other municipality, the Secretary of the
Board of Appeals shall also submit at least five calendar days prior
to the public hearing, to the Municipal Clerk of such other municipality
or municipalities, a copy of the notice of the substance of every
appeal, together with a copy of the official notice of such public
hearing.
D.
Required referral.
(1)
A full statement of any appeal that meets the specific
referral requirements of §§ 239-l and 239-m of the
General Municipal Law shall also be referred prior to the public hearing
to the Ulster County Planning Board for its review. No action shall
be taken by the Board of Appeals on such appeal until an advisory
recommendation has been received from said County Planning Board or
30 calendar days have elapsed since the Planning Board received such
full statement.
(2)
Such actions shall include those which affect property
located within 500 feet of the following:
(a)
Municipal boundary.
(b)
Boundary of any existing or proposed county
or state park or other recreation area.
(c)
Right-of-way of any existing or proposed county
or state road or highway.
(d)
Existing or proposed right-of-way of any stream
or drainage channel owned by the county or for which the county has
established channel lines.
(e)
Existing or proposed boundary of any county-
or state-owned land on which a public building or institution is situated.
(3)
No action shall be taken by the Board of Appeals on
such appeal until an advisory recommendation has been received from
said County Planning Board or 30 calendar days have elapsed since
the Planning Board received such full statement.
E.
Decisions. Every decision of the Board of Appeals
on an appeal or request shall be made within 60 days of the close
of the hearing by the Board, shall be recorded in accordance with
standard forms adopted by the Board and shall fully set forth the
circumstances of the case and contain a full record of the findings
on which the decision is based. Every decision shall be by resolution
of the Board, with each such decision being filed in the office of
the Town Clerk within 10 calendar days thereof. The Board shall also
notify the Zoning Enforcement Officer, the Secretary of the Planning
Board and any affected municipality given notice of hearing of its
decision in each case. If applicable, a report on the action taken
shall also be filed within seven calendar days thereof with the Ulster
County Planning Board.
F.
Attachment of conditions. In all cases where the Board of Appeals grants a variance from the strict application of the requirements of this chapter, it shall be the duty of the Board of Appeals to attach such conditions and safeguards as may be required in order that the result of its action shall be as nearly as possible in accordance with the spirit and intent of this chapter and the criteria for granting relief stated in § 116-68B.
G.
Expiration of approval. Unless construction or use
is commence within one calendar year from the date of the granting
of a variance, such variance shall become null and void without further
hearing or action by the Board of Appeals.
H.
Strict construction. All provisions of this chapter
pertaining to the Board of Appeals shall be strictly construed. The
Board of Appeals, as a body of limited jurisdiction, shall act in
full conformity with all provisions of law and of this chapter and
in strict compliance with all limitations contained therein; provided,
however, that if the procedural requirements set forth in this chapter
have been substantially observed, no applicant or appellant shall
be deprived of the right of application or appeal.
Unless the Zoning Enforcement Officer finds
there to be an imminent threat to either life or property, an appeal
to the Zoning Board of Appeals stays all proceedings by either the
Town or the appellant in furtherance of the action which is the subject
of the appeal.
Any person or persons jointly or severally aggrieved
by any decision of the Board of Appeals may apply to the Supreme Court
of the State of New York for relief through a proceeding under Article
78 of the Civil Practice Law and Rules of the State of New York. Such
proceeding shall be governed by the specific provisions of Article
78, except that the action must be initiated as therein provided within
30 days after the filing of the Board's decision in the office of
the Town Clerk.
