Pursuant to New York State Town Law, the Town Board shall appoint
a Zoning Board of Appeals consisting of five members, shall designate
its Chairperson, and also provide for such expenses as may be necessary
and proper. A member of the Zoning Board of Appeals shall not at the
same time be a member of the Town Board. The Town Board shall have
the power to remove any member of the Zoning Board of Appeals for
cause and after public hearing.
The Zoning Board of Appeals may employ such clerical or other
staff assistance as may be necessary, and prescribe their duties,
provided that it shall not at any time incur expenses beyond the amount
of the appropriations made by the Town Board and then available for
that purpose.
The Zoning Board of Appeals shall have the following powers
and duties:
A. Appeals. 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 issue such order, requirement,
decision, interpretation or determination as in its opinion ought
to have been made in the matter by the Code Enforcement Officer, and
to that end shall have all of the powers of the Code Enforcement Officer.
B. Variances. The Zoning Board of Appeals, on an appeal from a decision
or determination of the Code Enforcement Officer, shall have the power
to grant area and use variances as defined herein.
The Zoning Board of Appeals shall refer all area and use variances
to the Town of Elmira Planning Board at least 30 days prior to the
scheduled hearing date. The Planning Board shall report its recommendation
to the Zoning Board of Appeals at least five days prior to the hearing
date.
The Zoning Board of Appeals shall have the power to make, adopt,
and promulgate such written rules of procedure, bylaws, and forms
as it may deem necessary for the proper execution of its duties and
to secure the intent of this chapter.