A violation of this chapter shall be a violation as defined
in § 10.00 of the Penal Law of the State of New York and
shall be punishable by a fine not to exceed $250 or a sentence of
imprisonment not to exceed 15 days, or both.
The Zoning Board of Appeals may grant variances from the application
of this chapter only upon the following conditions:
A. Any variance shall be prospective in its application and shall not
relieve any person from the penalties for violating this chapter by
conditions that existed prior to the granting of the variance.
B. An application for a variance shall be submitted to the Codes and
Zoning Enforcement Officer in a form substantially indicating the
name and owner of the real property, the nature of the condition for
which a variance is sought, and the reasons for which a variance is
sought.
C. The applicant shall pay a fee as set forth by the Town of Inlet for
appeals to the ZBA.
D. The Board of Appeals shall hold a public hearing on the application and shall publish notice of said public hearing at least five days prior to its date. At the option of the Board of Appeals, notice of said application shall also be given to all landowners owning property adjoining the property for which a variance is sought. At the option of the Board of Appeals, a notice hat a variance is sought shall also be posted on the property in accordance with the posting provisions of Chapter
160, Zoning, of the Code of the Town of Inlet.
E. The Board of Appeals may grant a variance if it determines that the
benefit to the applicant if the variance is granted outweighs the
detriment to the health, safety and welfare of the neighborhood or
community by such grant. In making such determination the Board may
consider, among other matters:
(1) 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 variance;
(2) Whether the benefits sought by the applicant can be achieved by some
method, feasible for the applicant to pursue, other than a variance;
(3) Whether the requested variance is substantial;
(4) Whether the proposed variance will have an adverse effect or impact
on the physical or environmental conditions in the neighborhood or
district; and
(5) Whether the alleged difficulty was self-created, which consideration
shall be relevant to the decision of the Board of Appeals but shall
not necessarily preclude the granting of the variance.
F. The Board of Appeals, if it chooses to grant the variance, 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.
G. The Board of Appeals shall, in the granting of such variance, have
the authority to impose such reasonable conditions and restrictions
as are directly related to and incidental to the proposed use of the
property and/or the period of time such variance shall be in effect.
Such conditions may include a time limit on the variance including
a time variance related to the occupancy of the premises by the applicant.
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.
H. The variances and the procedure for obtaining same shall be in accordance with Chapter
160, Zoning, of the Code of the Town of Inlet, except where explicitly otherwise required by this chapter.
The Town of Inlet Transfer Station facility on Limekiln Road
is, by necessity, exempt from this junk law. No other properties owned
or controlled by the Town of Inlet are exempt from this chapter.