Appeals by an aggrieved person of any determination or action
of a Code Enforcement Officer may be taken to the City of Cortland
Zoning Board of Appeals pursuant to Article 5-A of the General City
Law of New York State. A notice of appeal shall be filed with the
Code Enforcement Officer within 15 days of the date of service of
the notice of violation.
A.
Any owner of rental property in the City of Cortland may apply to
the Zoning Board of Appeals for a variance, on a temporary or permanent
basis, from the requirements of this chapter. Such variance shall
be granted upon a showing by the owner by clear and convincing evidence
as follows:
(1)
That this chapter creates a unique hardship to the applicant that
is different than other owners of rental property in the City of Cortland
who are similarly situated;
(2)
That the granting of a variance will not undermine the purpose and
intent of this chapter;
(3)
That the granting of a variance will not adversely affect the health,
safety and welfare of neighboring property owners; and
(4)
That the granting of a variance will not adversely affect the character
of the neighborhood and that the variance, if granted, will have minimal
impacts on the neighborhood and adjacent property owners.
B.
In granting any variance, the Zoning Board of Appeals shall grant
the minimum variance necessary to alleviate the hardship demonstrated
by the applicant.
C.
Any owner that receives a variance from this chapter must maintain
its property in compliance with all laws, rules and regulations of
any governmental entity having jurisdiction over such property. If
an owner fails to comply with this section, then the Zoning Board
of Appeals may revoke the variance previously granted subject to notice
and an opportunity to be heard by the owner.
