A.
No action shall be taken by the Zoning Board of Appeals to issue a special use permit or site plan approval until after public notice and hearing. Proper notice of a hearing before a board shall be given by legal notice published in the official newspaper of the Town of Marion at least five days before the date set for a public hearing and written notice mailed to the applicant or his agent at least 10 days before the hearing per § 308-32C(3)(c)[1] and [2] of Chapter 308, Zoning, at the address given in the application to be considered. The applicant shall be responsible for notifying by certified mail all property owners of record within 1,500 feet of the outside perimeter or boundary line of property involved in the preliminary application of the time, date, and place of such public hearing by mail at least 10 days prior to such hearing. Notice shall be deemed to have been given if mailed to the property owner at the tax billing address listed on the property records of the Town Assessor or at the property address. At least seven days prior to such hearing, the applicant shall file with the Board his/her affidavit of mailing such notices. Failure to receive such notice shall not be deemed a jurisdictional defect.[1]
B.
The Code Enforcement Officer shall post a sign on the property in
question to give public notice of the hearing. Such sign will be posted
at least seven days prior to the hearing in a conspicuous location.
A.
Application for any variance from the provisions of this chapter shall be made to the Zoning Board of Appeals and considered under Chapter 308, Zoning, Article VI. A use variance may be granted, after public hearing, only upon establishment of public necessity in that the use variance is required to render safe and adequate service and that there are compelling reasons, economic or otherwise, which make the site more feasible for the proposed use than alternative sites as might be provided or available. An area variance may be granted upon the Zoning Board of Appeals taking into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community.
B.
Imposition of conditions. The Zoning Board of Appeals, in its consideration
of both use variances and area variances, shall 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
shall be consistent with the spirit and intent of this chapter and
zoning law, and shall be imposed for the purpose of minimizing any
adverse impact such variance may have on the neighborhood or community.
A.
Any violation of this chapter or of any order, requirement, decision
or determination issued by the Code Enforcement Officer, his/her agent
or designee, pursuant to this chapter, is hereby declared to be an
offense punishable by a fine not exceeding $350 or imprisonment for
a period not to exceed six months, or both, upon conviction for a
first offense, upon conviction for a second offense, both of which
offenses were committed within a period of five years, punishable
by a fine not less than $350 nor more than $700 or imprisonment for
a period not to exceed six months, or both; and upon a conviction
for a third or subsequent offense, all of which offenses were committed
with a period of five years, punishable by a fine of not less than
$700 nor more than $1,000 or imprisonment for a period not to exceed
six months, or both. However, for the purpose of conferring jurisdiction
upon courts and judicial officers generally, violations of this chapter,
or any order, requirement, decision or determination issued by the
Town Code Enforcement Officer, his/her agent or designee, pursuant
to this chapter, shall be deemed misdemeanors, and for such purpose
only all provisions of law relating to misdemeanors shall apply to
such violations. Each day (twenty-four-hour period) of violation shall
constitute a separate violation of this chapter.
B.
In addition to the penalties provided above, the Town Board may also
maintain an action or proceeding to prevent, correct or restrain any
violation of this chapter.
Fees for applications and permits under this chapter shall be
established by resolution of the Town Board.
