A Board of Appeals is hereby created and shall
consist of three members. The Board shall appoint a secretary and
shall prescribe rules for the conduct of its affairs. The Board shall
have two alternate members who shall serve in the event a regular
Board member is absent or has a conflict of interest with an application
before the Board.
The Board of Appeals shall have all the following
powers and duties.
A.
Interpretation. Upon appeal from a decision by the
Enforcement Officer or Planning Board, to decide questions involving
the interpretation of any provision of this chapter.
B.
Variances. To vary the strict application of the requirements
of this chapter in the case of exceptionally irregular, narrow, shallow
or steep lots, or other exceptional physical conditions, whereby strict
application would result in practical difficulty or unnecessary hardship
that would deprive the owner of the reasonable use of the land or
building involved. No variance in the strict application of any provision
of this chapter shall be granted by the Board unless it finds and
records in its minutes that:
(1)
There are special circumstances applying to the land
or buildings not applying generally to land or buildings in the neighborhood,
and that strict application of this chapter would deprive the applicant
of the reasonable use of such land or buildings. A self-imposed hardship
or physical condition problem shall not constitute a valid cause for
the granting of a variance.
(2)
Granting of the variance is necessary and reasonable,
and the variance is the minimum that will accomplish this purpose.
(3)
Granting of the variance will be in harmony with the
general purpose and intent of this chapter and the development plan
of Waverly, and will not be in injurious to the neighborhood or otherwise
detrimental to the public welfare.
C.
In granting any variance, the Board of Appeals shall
prescribe conditions that it deems to be necessary or desirable.
D.
Procedure before Board of Appeals.
(1)
The Board of Appeals shall act in strict accordance
with the procedure specified by this chapter. All appeals and applications
made shall be in writing on forms prescribed by the Board. Every appeal
or application shall refer to the specific provision of the ordinance
involved, and shall set forth the interpretation claimed, the use
for which the appeal is sought, or the details of the variance that
is applied for and the grounds on which it is claimed that the variance
should be granted.
(2)
At the next regularly scheduled meeting of the Board
of Appeals, the Board will discuss the case with an applicant and
cause a public hearing to be held at least within 45 days, such time
necessary for reviews by the County Planning Board in its area of
jurisdiction and/or by the Village Planning Board.
(3)
At least five days before the date of the public hearing,
the secretary shall transmit to the Village Planning Board and County
Planning Board when necessary a copy of the notice of the hearing
and relevant materials. The Planning Board shall submit a report of
its advisory opinion prior to the date of the hearing. Failure of
the Planning Board to submit a report shall be deemed to signify approval
of the application or appeal.
[Amended 6-8-2004 by L.L. No. 2-2004]
(4)
Every decision of the Board of Appeals shall be by
resolution, which shall contain a full record of their findings in
the case.
(5)
At least seven days prior to the public hearing, the
secretary shall cause written notice to all adjoining property owners.
[Amended 6-8-2004 by L.L. No. 2-2004]
