The Zoning Board of Appeals shall have all the
powers and duties prescribed by law and by this Part 1, which are
more particularly specified as follows, provided that none of the
following provisions shall be deemed to limit the power of said Zoning
Board of Appeals that is conferred by law.
A. Interpretation. On appeal from an order, requirement,
decision or determination made by an administrative official, or on
request by an official, board or agency of the Town, to decide any
of the following questions:
(1) Determination of the meaning of any portion of the
text of this Part 1 or of any condition or requirement specified or
made under the provision of this Part 1.
(2) Determination of the exact location of any district
boundary shown on the Zoning Map.
(3) Determination
of permitted use. When a use is not specifically permitted in this
chapter as either a use permitted by right or by special permit, it
shall be understood that the use may be allowed by special use permit
of the Planning Board if upon an interpretation appeal it is determined
by the Zoning Board of Appeals that the use is similar to other uses
listed in the district and is consistent with the stated purpose of
the district. It is further recognized that every conceivable use
cannot be identified in this chapter, and anticipating that new uses
will evolve over time, so therefore this section establishes the Zoning
Board of Appeals' authority to review and decide, upon an interpretation
appeal, to compare a proposed use and measure it against those listed
in the applicable zoning district for determining similarity. In determining
similarity, the Zoning Board of Appeals shall make all the following
findings prior to approval:
[Added 1-21-2020 by L.L. No. 2-2020]
(a) The proposed use shall meet the intent of, and be consistent with,
the goals, objectives and policies of the Town's comprehensive plan.
(b) The proposed use shall meet the stated purpose and general intent
of the district in which the use is proposed to be located.
(c) The proposed use shall not adversely impact the public health, safety
and general welfare of the Town's residents.
(d) The proposed use shall share characteristics in common with, and
not be of greater intensity, density, or generate more environmental
impact, than those uses listed in the zoning district in which it
is to be located.
B. Variances. To authorize, upon appeal in specific cases,
use variances and area variances, as defined in § 267 of
the Town Law, subject to the requirements set forth in § 267-b
of the Town Law.
Amended 10-21-2003 by L.L. No. 7-2003]
The powers and duties of the Zoning Board of
Appeals shall be exercised with the following procedure:
A. Public hearing.
(1) The Board of Appeals shall not grant any appeal for
a variance without first holding a public hearing, notice of which
hearing and of the substance of the appeal shall be given by publication
in the official newspaper of the Town at least 10 days before the
date of such hearing. In addition to such published notice, the applicant
shall cause notice to be given of the substance of every appeal for
a variance together with notice of the hearing thereon by causing
notices thereof to be mailed at least 10 days before the date of said
hearing to the owners of all property abutting that held by the applicant
in the immediate area (whether or not involved in such appeal) and
all other owners within 300 feet, or such additional distance as the
Board of Appeals may deem advisable, from the exterior boundaries
of the land involved in such appeal. Notification shall he directed
to the owners as their names appear on the last completed assessment
roll of the Town. Such notices shall be by certified mail and the
applicant shall furnish proof of compliance with the notification
procedures. Any or all of the notices required by this section shall
be issued by the Secretary of the Board of Appeals on order of the
Board of Appeals.
[Amended 6-7-2005 by L.L. No. 1-2005]
(2) In cases where due notice shall have been published
as above provided and where there shall have been substantial compliance
with the remaining provisions of this section, the failure to give
notice in exact conformance herewith shall not be deemed to invalidate
action taken by the Zoning Board of Appeals in connection with the
granting of any appeal or variance.
B. Review by County Planning Department or Board. Where
the land involved in any application for a variance lies within 500
feet of any municipal boundary, county or state park or right-of-way
of any county drainage channel, or from the boundary of any county-
or stated-owned land on which a public building is situated, such
application, accompanied with the notice of public hearing, shall
be forwarded to the County Planning Department or Board for review
in accordance with the provisions of §§ 239-l and 239-m
of Article 12-B of the General Municipal Law of the State of New York.
Amended 10-21-2003 by L.L. No. 7-2003]
C. Referral to adjacent municipalities. If the land involved
in an appeal lies within 500 feet of the boundary of any other municipality,
the Secretary of the Zoning Board of Appeals shall also transmit to
the municipal clerk of such other municipality notice of public hearing
thereon no later than 10 days before the hearing, in accordance with
General Municipal Law § 239-nn.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D. Referral to Planning Board. At least 10 days before
the date of any public hearing, the Secretary of the Zoning Board
of Appeals shall transmit to the Secretary of the Planning Board a
copy of any appeal together with a copy of the notice of such hearing.
The Planning Board may submit to the Zoning Board of Appeals an advisory
opinion on said appeal at any time prior to the rendering of a decision.
E. Form and fee. All appeals made to the Zoning Board
of Appeals shall be in writing on forms prescribed by the Board and
shall be accompanied by a fee as provided by the Town law establishing
fees. However, no fee shall be required for applications requesting an interpretation as provided in §
250-46A.
F. Substance. Each appeal shall fully set forth the circumstances
of the case. Every appeal or application shall refer to the specific
provision of this Part 1 involved and shall exactly set forth, as
the case may be, the interpretation that is claimed, the details of
the variance that is applied for, and the grounds on which it is claimed
that the same should be granted.
G. Record of decisions. Every decision of the Zoning Board of Appeals shall be recorded in accordance with standard forms adopted by the Board and shall fully set forth the circumstances of the case and shall contain a full record of the findings on which the decision is based. Every decision of the Board shall be by resolution, and each such resolution shall be filed in the office of the Town Clerk by case number, under one of the following headings: "Interpretations" or "Variances," together with all documents pertaining thereto. The Zoning Board of Appeals shall notify the officers and employees of the Building Department and each member of the Town Board, the Secretary of the Planning Board and the municipal clerk of any affected municipality given notice of hearing as set forth in Subsection
C of its decision in each case.
H. Effective period. Unless construction is commenced
and diligently prosecuted within six months of the date of the granting
of a variance, such variance shall become null and void. Provided
that there are no substantial changes in the immediate neighborhood,
the officers and employees of the Building Department may grant a
six-month extension of the original variance if construction has not
been commenced within the first six months and a request for an extension
has been received by the officers and employees of the Building Department
prior to the expiration of the first six months. In the event that
the officers and employees of the Building Department determine that
there are substantial changes in neighborhood conditions, an extension
may be granted by the Zoning Board of Appeals, which need not hold
a hearing for the purpose of granting said extension. An applicant
shall be entitled to only one extension without the requirement of
refiling for a variance.
I. Responsibility. All provisions of this Part 1 relating
to the Zoning Board of Appeals shall be strictly construed; the Board,
as a body of limited jurisdiction, shall act in full conformity with
all provisions of law and of this Part 1 and in strict compliance
with all limitations contained herein; provided, however, that if
the procedural requirements set forth in this Part 1 have been substantially
observed, no applicant or appellant shall be deprived of the right
to appeal.