A.
Pursuant to New York State Town Law, the Town Board shall appoint
a Zoning Board of Appeals consisting of five members, shall designate
its Chairperson, and shall also provide for such expenses as may be
necessary and proper. A member of the Zoning Board of Appeals shall
not at the same time be a member of the Town Board. The Town Board
shall have the power to remove any member of the Zoning Board of Appeals
for cause and after public hearing.
B.
Alternate member. The Town Board may also appoint an alternate member
to the Zoning Board of Appeals with all of the powers and duties as
prescribed in the Town Law.
The Zoning Board of Appeals may employ such clerical or other
staff assistance as may be necessary and prescribe their duties, provided
that it shall not at any time incur expenses beyond the amount of
appropriations made by the Town Board and then available for that
purpose.
The Zoning Board of Appeals shall have the following powers
and duties:
A.
Appeals. The Zoning Board of Appeals may reverse or affirm, wholly
or partly, or may modify the order, requirement, decision, interpretation
or determination appealed from and shall make such order, requirement,
decision, interpretation or determination as, in its opinion, ought
to have been made in the matter by the Code Enforcement Officer, and
that end shall have all of the powers of the Code Enforcement Officer.
B.
Variances. The Zoning Board of Appeals, on an appeal from a decision
or determination of the Code Enforcement Officer, shall have the power
to grant area and use variances as defined herein.
C.
Fees. The Town Board shall, from time to time by resolution, set
appropriate fees for any applications to the Zoning Board of Appeals
for an appeal or variance.
A.
Definition: the authorization by the Zoning Board of Appeals for
the use of a lot for a purpose which is not otherwise allowed or is
prohibited by this chapter.
B.
Criteria for review. No use variance shall be granted by the Zoning
Board of Appeals without a showing by the applicant that the requirements
of this chapter have caused unnecessary hardship. In order to prove
such unnecessary hardship, the applicant shall demonstrate the following
facts to the Zoning Board of Appeals for each and every permitted
use under this chapter for the particular district in which the lot
is located:
(1)
The applicant cannot realize a reasonable return, provided that
lack of return is substantial and demonstrated by competent financial
evidence;
(2)
The alleged hardship relating to the lot in question is unique
and does not apply to a substantial portion of the district or neighborhood
in which the lot is located;
(3)
The requested use variance, if granted, will not alter the essential
character of the district neighborhood in which a lot is located;
and
(4)
The alleged hardship is not self-created.
A.
Definition: the authorization by the Zoning Board of Appeals for
the use of a lot in a manner which is not allowed by dimensional or
physical requirements of this chapter.
B.
Criteria for review. In making the determination, the Zoning Board
of Appeals shall take into consideration the benefit to the applicant,
if the area variance is granted, as weighed against the detriment
to the health, safety, and general welfare of the neighborhood or
community by such grant. In making such determination, the Board shall
consider the following:
(1)
Whether an undesirable change will be produced in the character
of the neighborhood or community or a detriment to nearby properties
will be created by the granting of the area variance;
(2)
Whether the benefit sought by the applicant can be achieved
by some method, feasible for the applicant to pursue, other than an
area variance;
(3)
Whether the requested area variance is substantial;
(4)
Whether the proposed area variance will have an adverse effect
or impact on the physical or environmental conditions in the neighborhood
or district; or
(5)
Whether an alleged difficulty of compliance with this chapter
was self-created, which is relevant to the decision but shall not
necessarily preclude the granting of the area variance.
A.
The Zoning Board of Appeals, in granting an area variance or use
variance, shall grant the minimum variance that it deems necessary
and adequate to address the unnecessary hardship or balance proven
by the applicant and at the same time preserve and protect the character
of the neighborhood and health, safety and general welfare of the
community.
B.
The Zoning Board of Appeals shall, in granting an area variance or
use variance, have the authority to impose such reasonable conditions
and restrictions as are related to and incidental to the proposed
use of property.
The Zoning Board of Appeals shall have the power to make, adopt,
and promulgate such written rules of procedure, bylaws, and forms
as it may deem necessary for the proper execution of its duties and
to secure the intent of this chapter.
