Pursuant to the Town Law, the Town Board shall appoint a Zoning
Board of Appeals consisting of five members, shall designate its Chairman
and shall provide for such other expenses as may be necessary and
proper. A member of the 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 Board of Appeals for cause and after public
hearing has first been held thereon.
The Board of Appeals may employ such clerical, expert, legal
and other staff assistance as may be necessary and prescribe their
duties. However, it shall not at any time incur expenses beyond the
amount of the appropriations made by the Town Board and then available
for that purpose.
The Board of Appeals shall have the following duties:
A. To decide any appeal from a decision of the Zoning Enforcement Officer (§
105-58).
B. To decide upon any application for a variance from the strict application of any requirements of this chapter (§
105-59).
C. Such other duties as may be provided for by law.
The Board of Appeals shall have the power to make, adopt and
promulgate written rules of procedure, bylaws and such forms as it
may deem necessary for the proper execution of its duties and to secure
the intent of this chapter. Such rules, bylaws and forms shall not
be in conflict with nor have the effect of waiving any provisions
of this chapter or any other ordinance or local law of the Town of
Urbana. Such rules, bylaws and forms and any subsequent amendments
or supplements thereto shall be submitted to the Town Board by the
Board of Appeals for approval and filing for public view. The Town
Board shall move to approve, reject or modify such rules, bylaws and
forms within 60 days after submission. Failure of the Town Board to
so move shall be deemed to constitute approval thereof.
Upon determining the date of any hearing scheduled to be held
in connection with an appeal or application submitted to the Board
of Appeals, said Board shall transmit to the Planning Board a copy
thereof and shall request that the Planning Board submit to the Board
of Appeals its advisory opinion on said appeal or application. In
this regard, the submission requested by the Zoning Board of Appeals
shall afford the Planning Board a period of time not to exceed 10
days within which it may choose to respond, and its advisory opinion,
if any, shall be submitted to the Board of Appeals at least two days
prior to the scheduled hearing date and shall be read into the record
at the public hearing.
Public notice of any required hearing by the Board of Appeals
shall be given in accordance with the Town Law as follows:
A. By publishing a notice of any appeal or application and the time
and place of the public hearing in the official newspaper of the Town
of Urbana not less than 10 days prior to the date of such hearing.
B. By giving written notice of the hearing to any appellant or applicant
and any other such notice to property owners in an affected area as
may be required by the Board of Appeals and to the Planning Board
not less than five days prior to such hearing.
C. By giving written notice of hearing to any required municipal, county,
regional, state or federal agency in the manner prescribed by law.
The Board of Appeals shall hear and decide appeals from and
review any order, requirements, decision or determination made by
the Zoning Enforcement Officer under this chapter in accordance with
the procedure set forth herein:
A. A notice of appeal shall be filed by appellant with the Zoning Enforcement
Officer and the Secretary to the Board of Appeals within 30 days of
the date of the action appealed from, specifying the grounds thereof.
B. Upon receiving a notice of appeal, the Zoning Enforcement Officer
shall forthwith transmit to the Board of Appeals all papers constituting
the record upon which the action appealed from was taken.
C. The Board of Appeals shall set a reasonable date for the hearing
of each appeal. The appellant shall be given notice of the scheduled
hearing date, and at this hearing he shall appear in person or by
an agent or by an attorney.
D. An appeal stays all proceedings in furtherance of the action appealed
from, unless the Zoning Enforcement Officer certifies to the Board
of Appeals, after a notice of appeal shall have been filed with him,
that, by reason of facts stated, a stay would, in his opinion, cause
imminent peril to life or property, in which case such proceedings
shall not be stayed otherwise than by a restraining order which may
be granted by the Board of Appeals or by a court of record on application,
on notice to the Zoning Enforcement Officer and on due cause shown.
E. Following public notice and hearing, the Board of Appeals may reverse
or affirm, wholly or partly, or may modify the order, requirements,
decision or determination appealed from and shall make such order,
requirement, decision or determination as, in its opinion, ought to
be made and, to that end, shall have all the power of the Zoning Enforcement
Officer. If the action by the Board of Appeals is to reverse the action
of the Zoning Enforcement Officer in whole, then the filing fee shall
be refunded to the appellant. The Board of Appeals shall decide appeals
within 60 days after final hearing.
The Planning Board of the Town of Urbana shall have the power, after public notice and hearing, to grant approval by special use permit for such uses as are specifically allowed by special use permit in the several districts herein. A special use permit shall be granted in accordance with the procedures and the criteria enumerated in Chapter
105 of the Code of the Town of Urbana.
A. All applications for special use permits shall be filed with the Town Clerk of the Town of Urbana and shall be accompanied by a plan, drawn to scale and accurately dimensioned, showing the locations of all existing and proposed uses, buildings and structures on the lot. Additional information deemed necessary by the Board shall be provided by the applicant. Public hearings shall be as provided for in Chapter
105, §
105-57, of the Code of the Town of Urbana.
B. The Planning Board shall review the application for compliance with
all provisions of these regulations and, more specifically, it shall
ascertain whether satisfactory provision has been made, where applicable,
with respect to each of the following criteria:
(1) Proper ingress and egress to the proposed use and structures for
automotive and pedestrian safety and convenience, traffic flow and
control and access in case of fire or catastrophe.
(2) Adequacy of off-street parking and loading, where required, considering
the effects on the adjoining properties and property generally in
the neighborhood.
(3) Location and adequacy of refuse handling and service areas and driveway
areas.
(4) Location and compatibility of utility structures.
(5) Adequacy of plans for screening and buffers, where needed.
(6) Signs, including size, location, lighting, glare, traffic safety,
compatibility and harmony with nearby properties.
(7) Adequacy of yards and open space.
(8) General compatibility with adjacent property in accordance with general
or specific objectives of the Municipal Comprehensive Plan and these
regulations.
(9) Harmony of proposed structures, activities and uses with the intended
character of the area, having due regard for potential problems of
noise, vibration, odor, traffic congestion, air pollution, drainage,
aesthetics and other environmental effects.
(10)
Potential damage or loss of natural, scenic or historic features
of importance.
(11)
Traffic-generating characteristics of the proposed use in relation
to the design and capacity of roads or streets serving the area.
C. Time of decision. The Planning Board shall render its decision within
62 days after the termination of the public hearing. The time within
which the Planning Board must render its decision may be extended
by mutual consent of the applicant and the Board.
D. Filing of decision. The decision of the Planning Board shall be filed
in the Town Clerk's office within five business days after the day
the decision is rendered, and a copy thereof shall be mailed to the
applicant.
E. Expiration of special use permit. A special use permit shall be deemed
to authorize only one particular special use and shall expire if the
special use shall cease for more than six months for any reason.
F. Existing violation. No special use permit shall be issued for a property
where there is an existing violation of these regulations.