A. 
The Town Board shall appoint a Zoning Board of Appeals consisting of seven members, who shall serve initial terms staggered as follows: two members for five years, two members for four years, one member for three years, one member for two years and one member for one year. Upon expiration of each member's initial term, reappointment of that member or appointment of a replacement for that member shall be for a term of five years. Each year the Town Board shall appoint a member of the Zoning Board of Appeals to serve a one-year term as Chairman. The Chairman shall appoint a member to serve in the capacity of Secretary to the Board, unless the Town Clerk or other employee of the Town is authorized for this purpose.
B. 
To the extent that the number of appointed members and their initial terms specified under Subsection A above conflict with the provisions under § 267 of the Town Law, this chapter hereby supersedes said provisions.
A. 
Adoption of bylaws. The Zoning Board of Appeals may adopt bylaws incorporating such rules and regulations as it may deem necessary for the conduct of its affairs, in accordance with the provisions of this Article and § 267 of Town Law, including the fixing of a reasonable time for the hearing of appeals.
B. 
Interpretation. The Zoning Board of Appeals shall have the power to interpret the provisions of this chapter.
C. 
Review of determinations by the Zoning Officer. The Zoning Board of Appeals shall have the power to hear and decide any appeal from and review any order, decision or determination made by the Zoning Officer, pursuant to this chapter. The Zoning Board of Appeals may reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as it deems appropriate. To this end, the Zoning Board of Appeals may act with all of the power of the Zoning Officer.
D. 
Granting of relief by variance. In passing upon appeals, the Zoning Board of Appeals shall have the power to vary or modify the application of any regulation, requirement or other provision of this chapter where there is practical difficulty or unnecessary hardship in the way of carrying out the strict letter of this chapter. In deciding upon variances, the Zoning Board of Appeals shall consider the tests for granting variances as set forth under § 165-50 of this Article.
E. 
Other powers and duties. In addition, the Zoning Board of Appeals shall have all other powers and duties as expressly stated under § 267 of Town Law.
Any person aggrieved by an order, requirement, determination or decision of the Zoning Officer may appeal to the Zoning Board of Appeals within such reasonable time limit established by the general rule of such Board. An aggrieved person may be an applicant or other landowner or long-term lessee within the town.
A. 
Application requirements.
(1) 
Application form. Each application for appeal shall be in writing on the form prescribed by the Zoning Board of Appeals. Such application shall include a copy of the order, requirement, determination or decision of the Zoning Officer from which the appeal is taken. Where any variance is sought, the specific provisions involved shall be cited.
(2) 
Plans. Three copies of the plot plan or preliminary site plan for which the zoning permit was denied, or to which the order, requirement, determination or decision applied, shall be submitted with the application. An appeal requesting a use variance shall require a preliminary site plan prepared according to the applicable specifications under § 165-40C of this chapter.
(3) 
Environmental assessment form (EAF). Three copies of a completed short or full environmental assessment form shall be submitted with the application form, if a use variance is involved.
(4) 
Other supporting materials. Three copies of any drawings, manufacturer's specifications, photographs or other supporting materials necessary to justify the appeal shall be submitted with the application.
(5) 
Denial of permit form. One copy of the denial of permit form shall be submitted with the application.
(6) 
Fee. An application fee shall be submitted with the application in the amount specified from time to time by resolution of the Town Board.
B. 
Filing. The application for appeal or variance shall be filed in the Town Clerk's office.
C. 
Initial review. The Zoning Board of Appeals shall conduct an initial review to determine if the application and any environmental assessment form required to be submitted therewith are complete.
D. 
Referrals. Upon verifying that the application is complete, the Zoning Board of Appeals shall refer one copy of the application to each of the following:
(1) 
The Jefferson County Planning Board, if required pursuant to § 239-m of the General Municipal Law.
(2) 
Other involved agencies, if required for lead agency designation or opted for coordinated review pursuant to SEQR.
(3) 
The Planning Board and/or Town Board, if a use variance is requested.
E. 
Public hearing. The Zoning Board shall establish the date, time and place for a public hearing of the application and shall authorize the Town Clerk to publish a notice at least once in a newspaper of general circulation within the Town at least five days prior to the date of the public hearing. Such notice shall state the date, time and place of the hearing and the nature of the appeal or variance requested. If such hearing is to be held in concert with a SEQR public hearing, the notice shall so state and shall be published at least 14 days prior to the hearing.
F. 
Town Board or Planning Board recommendation. When an application for an appeal has been referred to the Town Board or Planning Board, that Board shall provide its written recommendations to the Zoning Board of Appeals within 30 days. A failure to provide such recommendation shall not be construed as either favorable or unfavorable to the appeal.
G. 
Decision. Within 60 days from the closing of the public hearing, the Zoning Board of Appeals shall render its decision. However, the following prerequisites for such shall have been satisfied:
(1) 
If applicable, the Zoning Board of Appeals has received comments from the Jefferson County Planning Board or the 30 days allotted therefor have expired.
(2) 
If applicable, all environmental review requirements under SEQR have been satisfied.
(3) 
The Zoning Board of Appeals has prepared findings of fact to support its decision on the appeal, including the basis for any variance involved according to the tests provided under § 165-50 of this Article.
H. 
Filing and notification. The decision of the Zoning Board of Appeals shall be filed in the Town Clerk's office within 24 hours. Written notice of such decision shall be mailed to the applicant within five working days.
A. 
Use variance. The granting of a use variance shall be based upon findings by the Zoning Board of Appeals as follows:
(1) 
Each of the following tests have been met:
(a) 
It has been proven in quantitative monetary terms that the property cannot yield a reasonable return from any of the uses to which it is restricted.
(b) 
The conditions or circumstances to which the hardship is attributed are unique to the property in question and not generally applicable throughout the particular district involved.
(c) 
The requested variance will not change the essential character of the neighborhood or district, nor will it violate the general purpose of this chapter.
(2) 
The following have been duly considered:
(a) 
Whether the hardship claimed is self-created.
(b) 
Whether the requested variance, if granted, would provide the minimum relief necessary to avoid the unnecessary hardship.
B. 
Area variance. The granting of an area variance shall be based upon findings by the Zoning Board of Appeals as follows:
(1) 
The use is permitted in the district.
(2) 
The following have been duly considered:
(a) 
Whether practical difficulties peculiar to the site exist which are not general to the district and are not created by actions of the applicant.
(b) 
Whether other means of resolving the practical difficulty are not feasible such that a variance is necessary to provide minimum relief.
(c) 
Whether the variance can be granted without causing detrimental changes to the neighborhood.