A Zoning Board of Appeals is hereby created in accordance with
§ 267 of the Town Law of the State of New York. Said Board
shall consist of five members. The officers of the Board shall consist
of Chairman, Acting Chairman and Secretary. The Chairman shall be
designated by the Town Board. The Zoning Board of Appeals shall prescribe
rules for the conduct of its affairs.
A.
Interpretations, requirements, decisions and determinations. The
Zoning Board of Appeals may reverse or affirm, wholly or partly, or
may modify the order, requirement, decision, interpretation or determination
appealed from and shall make such order, requirement, decision, interpretation
or determination as, in its opinion, ought to have been made in the
matter by the administrative official charged with the enforcement
of this chapter and, to that end, shall have all the powers of the
administrative official from whose order, requirement or decision
the appeal is taken.
B.
Use variances.
(1)
The Zoning Board of Appeals, on appeal from the decision or
determination of the administrative official charged with the enforcement
of this chapter, shall have the power to grant use variances authorizing
a use of the land which otherwise would be prohibited by the terms
of this chapter.
(2)
No such use variance shall be granted by a Zoning Board of Appeals
without a showing by the applicant that applicable zoning regulations
and restrictions have caused unnecessary hardship. In order to prove
such unnecessary hardship, the applicant shall demonstrate to the
Zoning Board of Appeals that:
(a)
Under applicable zoning regulations, the applicant cannot realize
a reasonable return, provided that the lack of return is substantial
as demonstrated by competent financial evidence.
(b)
That the alleged hardship relating to the property in question
is unique and does not apply to a substantial portion of the district
or neighborhood.
(c)
That the requested use variance, if granted, will not alter
the essential character of the neighborhood.
(d)
That the alleged hardship has not been self-created.
(3)
The Zoning Board of Appeals, in the granting of use variances,
shall grant the minimum variance that it shall deem necessary and
adequate to address the unnecessary hardship proven by the applicant
and at the same time preserve and protect the character of the neighborhood
and the health, safety and welfare of the community.
(4)
Definition. "Use variance" shall mean the authorization by the
Zoning Board of Appeals for the use of land for a purpose which is
otherwise not allowed or is prohibited by the applicable zoning regulations.
C.
Area variance.
(1)
The Zoning Board of Appeals shall have the power upon an appeal
from a decision or determination of an administrative official charged
with the enforcement of this chapter to grant area variances from
the area or dimensional requirements of this chapter.
(2)
In making its determination, the Zoning Board of Appeals shall
take into consideration the benefit to the applicant if the variance
is granted as weighed against the detriment to the health, safety
and welfare of the neighborhood or community by such grant. In making
such determination, the Zoning Board of Appeals shall also consider:
(a)
Whether an undesirable change will be produced in the character
of the neighborhood or a detriment to nearby properties will be created
by the granting of the area variance.
(b)
Whether the benefit sought by the applicant can be achieved
by some method, feasible for the applicant to pursue, other than an
area variance.
(c)
Whether the requested area variance is substantial.
(d)
Whether the proposed variance will have an adverse effect or
impact on the physical or environmental conditions in the neighborhood
or district.
(e)
Whether the alleged difficulty was self-created, which consideration
shall be relevant to the decision of the Zoning Board of Appeals but
shall not necessarily preclude the granting of the area variance.
(3)
The Zoning Board of Appeals, in the granting of area variances,
shall grant the minimum variance that it shall deem necessary and
adequate and at the same time preserve and protect the character of
the neighborhood and the health, safety and welfare of the community.
(4)
Definition. "Area variance" shall mean the authorization by
the Zoning Board of Appeals for the use of land in a manner which
is not allowed by the dimensional or physical requirements of the
applicable zoning regulations.
D.
Imposition of conditions. The Board of Appeals shall, in the granting
of both use variances and area variances, have the authority to impose
such reasonable conditions and restrictions as are directly related
to, and incidental to the proposed use of the property or the period
of time such variance shall be in effect. Such conditions shall be
consistent with the spirit and intent of this chapter and shall be
imposed for the purpose of minimizing any adverse impact such variance
may have on the neighborhood or community.
A.
Procedure. Proceedings before the Zoning Board of Appeals shall be
governed by § 267-a of the Town Law of the State of New
York. In addition, the Zoning Board of Appeals may, by resolution,
adopt rules and official forms not inconsistent with Town Law § 267-a
to govern practices and proceedings before the Zoning Board of Appeals.
C.
Applications. Applications shall be on a form prescribed by the Zoning
Board of Appeals and containing all the information required therein
and shall include the names and addresses of all persons owning property
within 500 feet of the area in question, including all adjoining property
owners.
D.
Notice of public hearing. Notice of the hearing upon any appeal or
application pending before the Zoning Board of Appeals shall be given
as follows:
(1)
By publication once in the official newspaper of the Town of
Coxsackie at least five days before the hearing.
(2)
By sending the notice by regular mail to all the owners of property
within 500 feet of the property in question, including all adjoining
property owners, at least 10 days before the hearing. Service by mail
shall be made by the applicant or appellant who shall submit proof
of mailing in the form of original United States Post Office certificates
of mailing.
(3)
Pursuant to General Municipal Law § 239-nn, if a variance
application concerns property within 500 feet of the Town's municipal
boundaries, a copy of the public hearing notice shall be provided
to the clerk of the adjoining municipality.
