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.
A. 
Rules; meetings.
(1) 
The Board of Appeals shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this chapter.
(2) 
Meetings shall be held at the call of the Chairman and at such other times as the Board of Appeals may determine. The Chairman or, in his or her absence, the Acting Chairman may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public except while deliberating on an application. The Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact and shall keep records of its examinations and other official actions, all of which shall be a public record and be filed in the office of the Town Clerk.
B. 
Hearings, appeals; notice. An appeal concerning interpretation or administration of this chapter may be taken to the Board of Appeals by any person aggrieved or by any officer or the governing body of the Town who is affected by any decision of the Building Inspector. Such appeal shall be taken within a reasonable time, not to exceed 60 days or such lesser period as may be provided by the rules of the Board of Appeals, by filing with the Building Inspector and with the Board of Appeals a notice of appeal specifying the grounds thereof. The Building Inspector shall forthwith transmit to the Board of Appeals all papers constituting the record upon which the action appealed from was taken. The Board of Appeals shall fix a reasonable time for the hearing of the appeal, give public notice thereof as well as notice to the parties in interest and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or attorney.
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.
A. 
When required. Prior to taking action on any matter which would cause any change in the regulations or use of land or buildings on real property as specified in § 239-m of the General Municipal Law of the State of New York. the Board of Appeals shall make referrals to the Wayne County Planning Board in accordance with §§ 239-l and 239-m of the General Municipal Law.
B. 
Report of County Planning Board; procedure. Said Board shall report its recommendations thereon to the Board of Appeals, accompanied by a full statement of the reasons for such recommendations. If the County Planning Board disapproves the proposal or recommends modification thereof, the Board of Appeals shall not act contrary to such disapproval or recommendation except by a vote of a majority, plus one, of all the members thereof and after the adoption of a resolution fully setting forth the reasons for such contrary action. The Chairman shall read the report of the County Planning Board at the public hearing of the matter under review.
C. 
Failure of County Planning Board to report within 30 days; effect. If the County Planning Board fails to report within such period of 30 days or such longer period as may have been agreed upon by it and the Board of Appeals, the Board of Appeals may act without such report.
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.