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 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.
A.
Application.
(1)
Interpretation. An appeal for interpretation of a decision of the
Zoning Enforcement Officer may be taken by any aggrieved person. Such
appeal shall be taken within 60 days of the decision by filing with
the officer from whom the appeal is taken and with the Zoning Board
of Appeals, a notice of appeal specifying the grounds thereof. The
officer from whom the appeal is taken shall forthwith transmit to
the Zoning Board of Appeals all papers related to the appeal.[1]
(2)
Variance. An appeal for a variance may be taken by a person qualified
to receive a building or occupancy permit after denial of a permit
by the Zoning Enforcement Officer.
(3)
Special use permit/temporary conditional use permit. An application
for a special use permit or temporary conditional use permit is not
an appeal and may be made directly to the Zoning Board of Appeals.
If the Zoning Enforcement Officer determines that a building permit
cannot be issued without such special approval, the applicant shall
be referred to the Zoning Board of Appeals and a report of this determination
shall be made by the Zoning Enforcement Officer to the Board at or
before the next regularly scheduled meeting.
B.
Form of application. All appeals and applications made to the Zoning
Board of Appeals shall be in writing on forms approved by the Board,
and each appeal or application shall fully set forth the circumstances
of the case. Every appeal or application shall refer to the specified
provision of the section or portion of this chapter involved and shall
exactly set forth, as the case may be, the following:
(1)
The interpretation that is claimed.
(2)
The details of the variance that is applied for and the grounds on
which it is claimed that the same should be granted. For area variances,
the application must state why the applicant feels that the applicable
zoning regulations and restrictions have caused unnecessary hardship.
For use variances, the application must state why the applicant feels
there is unnecessary hardship.
(3)
The use or change in requirements for which the special use is sought.
C.
Fees. Appeals and applications requiring public notices shall be
accompanied by a fee to be determined from time to time by appropriate
resolution of the Town Board.
D.
Public notice. The Zoning Board of Appeals shall fix a time and place
for a public hearing on each special use and temporary conditional
use permit application or variance appeal, and shall give notice thereof
as follows:
(1)
By advertising in the newspaper in the manner prescribed by Town
Law.
(2)
By sending a notice by regular mail to the owners of the properties
within 300 feet of the property affected.
(3)
By notifying any Town citizen or a group of citizens who may have
registered their names and addresses for this purpose with the Board.
E.
Those applications for special use permits requiring site plan approval shall first be referred to the Planning Board for review in accordance with Article XI. An adequate time for such review shall be afforded to the Planning Board before the public hearing is scheduled.
F.
Hearings. The hearings of the Zoning Board of Appeals shall be held
at the call of the Chairman. The Chairman or, in his absence, the
Acting Chairman, may administer oaths and compel the attendance of
witnesses. The Board shall keep minutes of its proceedings showing
a vote of each member on every question and shall keep records of
its examinations and other official actions which shall be filed with
the Town Clerk and shall be considered a public record.
G.
Decisions. Every decision of the Zoning Board of Appeals shall be
by resolution indicating the vote of each member and any conditions
attached to an approval.
H.
The Zoning Board of Appeals shall issue to the applicant a true copy
of the resolution wherein a special use permit, temporary conditional
use permit, or variance is granted, and the Zoning Enforcement Officer
shall issue required permits in accordance with such resolution. The
Board may rescind, cancel, or revoke any such resolution for any violation
of the conditions imposed. In the event of a rescission, cancellation,
or revocation of such resolution, the Board shall promptly notify
the owner of the property in question and the Zoning Enforcement Officer
so that the latter may take appropriate action.
