The previously existing Zoning Board of Appeals is hereby continued
in office, and its members shall continue to serve their appointed
terms. Future appointments shall continue to be governed by § 267
of the Town Law, as the same may be amended or revised.
The Zoning Board of Appeals shall have all the powers and duties prescribed by the Town Law and this chapter, which powers and duties, as related to zoning, are summarized and more particularly specified in the following §§
200-72 through
200-75.
The Zoning Board of Appeals shall decide any question involving
the interpretation of any provision of this chapter upon an appeal
from a decision by the Zoning Enforcement Officer.
The Zoning Board of Appeals shall hear any request for a variance
and may, in specific instances, grant such variance from the terms
of this chapter as will not be contrary to the public interest where,
owing to special conditions or circumstances, a literal enforcement
of the provisions of this chapter would result in unnecessary hardship
with respect to use variances or practical difficulties with respect
to area variances and so that the spirit of this chapter shall be
observed and substantial justice done. In granting any variance, the
Board of Appeals may prescribe any condition applying thereto that
it may deem necessary or desirable.
The Zoning Board of Appeals shall hear and decide any request
for a special use permit as required by this chapter. Where required
by this chapter or where deemed desirable by the Board of Appeals,
a special use permit shall be limited in time to permit periodic review
in light of the established character of the permitted operation and
its effect upon the community and in view of changing conditions.
Where maximum periods for such reviewable permits are stated herein,
the Board may require shorter, but not longer, periods. After 75%
or such other percentage as may be specified, of the permit time has
elapsed, an application for renewal of the permit may be submitted.
Unless otherwise specifically provided, such renewal will be processed
in a similar manner as new permits with advertising and public hearing
required. Prior to renewing such a permit, the Zoning Enforcement
Officer shall report as to compliance with the specific requirements
of the permit. Such report shall be entered into the record and given
due consideration relative to the request for renewal and the appropriate
renewal period.
The Zoning Board of Appeals, in specific cases, after due notice
and public hearing, and subject to appropriate conditions and safeguards,
determine and vary the application of the provisions of this chapter
in harmony with the general purposes and intent by granting temporary
conditional use permits for such periods of time as shall be appropriate
with regard to the circumstances of each particular case, for structures
and uses in contravention of the requirements of this chapter, provided
such uses are not prejudicial or injurious to adjoining and neighboring
properties, and provided further that the public convenience and welfare
will be substantially served thereby. Such permits may be personal,
subject to plenary renewal, upon transfer of ownership of the property.