There shall be a Zoning Board of Appeals created
pursuant to § 267 of the Town Law of the State of New York.
Said Board shall consist of five members. The Town Board shall designate
a Chairman and appoint a Clerk.
The Board of Appeals shall have all the powers
and duties prescribed by law and by the chapter, which are more particularly
specified as follows:
A. Interpretation: upon appeal from a decision by the
Code Enforcement Officer, to decide any question involving the interpretation
of any provision of this chapter, including determination of the exact
location of any district boundary if there is uncertainty with respect
thereto.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B. Variances: in accordance with Town Law § 267-b,
to authorize upon appeal in specific cases such use variances and
area variances as will not be contrary to the public interest where,
owing to special conditions, a literal enforcement of the provisions
of this chapter would result in hardship.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1) A variance from the terms of this chapter shall not
be granted by the Board of Appeals unless and until:
(a)
A written application, together with the fee
for an appeal as set forth at the Town of Walworth Fee Schedule on
file with the Walworth Town Clerk, which fees have been and shall
be determined by Town Board resolution, for a variance is submitted
specifying the section, subsection or other part of this chapter for
which a variance is sought, the grounds thereof and such other information
as may be required by the rules of the Board of Appeals.
(b)
Notice shall be given at least five days in
advance of the public hearing. The owner of the property for which
the variance is sought or his or her agent shall be notified by mail.
Notice of such hearing shall be posted on the Town Clerk's bulletin
board at least five days prior to the public hearing.
(c)
The public hearing shall be held.
(d)
The Board of Appeals shall make findings that
the requirements of § 267-b of the Town Law have been met
by the applicant for a variance.
(2) In granting any variance, the Board of Appeals may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter and punishable as provided under §§
180-64 and
180-65 of this chapter.
C. Powers of Board of Appeals on appeals. In exercising
the powers described herein the Board of Appeals may, so long as such
action is in conformity with the terms of this chapter, reverse or
reaffirm, wholly or partly, or may modify the order, requirement decision
or determination appealed from and may make such order, requirement
decision or determination as ought to be made and, to that end, shall
have the powers of the administrative official from whom the appeal
is taken. The concurring vote for three members of the Board of Appeals
shall be necessary to reverse any order, requirement, decision or
determination of the administrative official or to decide in favor
of the applicant on any matter upon which it is required to pass under
this chapter or to effect any variation in the application of this
chapter.
Any person or persons, jointly or severally,
or any board, taxpayer, department or bureau of the Town aggrieved
by any decision of the Board of Appeals may seek review by the Supreme
Court of such decision, in the manner provided by Subdivision 1 of
§ 267-c of the Town Law.