[Amended 3-28-1996 by L.L. No. 2-1996]
A. 
Establishment. The Board of Appeals, heretofore created pursuant to the provisions of the Town Law, is hereby continued as now constituted. Each member of the Board of Appeals shall continue to hold office to the expiration of his present term, at which time the Town Board shall appoint a successor as provided by law.
B. 
Appointment of members. The Town Board shall appoint a Board of Appeals consisting of five members and shall designate the Chairperson thereof. In the absence of a Chairperson, the Board of Appeals may designate a member to serve as Acting Chairperson. The Town Board may provide for compensation to be paid to experts, clerks and a secretary and provide for such other expenses as may be necessary and proper, not exceeding the appropriation made by the Town Board for such purpose.
C. 
Term of office. Members of the Board of Appeals shall be appointed for a five-year term, with each term to expire at the end of a calendar year. The Chairperson shall be appointed annually.
D. 
Vacancy in office. Appointments to fill vacancies shall be for the unexpired term of the member or members whose term or terms become vacant. Appointments to fill such vacancies shall be made in the same manner as the original appointment.
E. 
General grant of power. The Board of Appeals shall perform all the duties and have all the powers prescribed by the laws of the State of New York.
F. 
Meetings, minutes and records. Meetings of the Board of Appeals shall be open to the public to the extent provided in Article 7 of the Public Officers Law. The Board of Appeals shall keep minutes of its proceedings showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact and shall also keep records of its proceedings and other official actions.
G. 
Filing requirements. Every rule, regulation, every amendment or repeal thereof and every order, requirement, decision or determination of the Board of Appeals shall be filed in the Town Clerk's Office and shall be a public record.
H. 
Assistance to Board of Appeals. The Board of Appeals shall have the authority to call upon any department, agency or employee of the Town for such assistance as shall be deemed necessary and as shall be authorized by the Town Board.
A. 
Jurisdiction of Board of Appeals. Except as otherwise provided in this chapter, the jurisdiction of the Board of Appeals shall be appellate only and shall be limited to hearing and deciding appeals from and reviewing any order, requirement, decision, interpretation or determination made by the Zoning Officer.
B. 
Votes necessary for decision. The concurring vote of a majority of the members of the Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of the Zoning Officer or to grant a use or area variance.
A. 
Standing to appeal. An appeal may be made to the Board of Appeals from any person aggrieved or by an officer, board or bureau of the Town of Macedon affected thereby.
B. 
Time for appeal. Such an appeal shall be taken within 60 days after the filing of any order, requirement, decision, interpretation or determination of the Zoning Officer by filing with the Zoning Officer a notice of appeal, specifying the grounds thereof and the relief sought.
C. 
Contents of appeal. All appeals made to the Board of Appeals shall be in writing on forms supplied by the Zoning Officer. Every appeal shall refer to the specific provision of this chapter and shall exactly set forth the interpretation that is claimed, the plans for a special use or the details of the variance that is applied for, in addition to the following information:
(1) 
The name and address of the applicant.
(2) 
The name and address of the owner of the district lot to be affected by such proposed variance or appeal.
(3) 
A brief description and location of the district lot to be affected by such proposed variance or appeal.
(4) 
A statement of the present zoning classification of the district lot in question, the improvements thereon and the present use thereof.
(5) 
A reasonably accurate description of the present improvements and the additions or changes intended to be made under the application indicating the size of such proposed improvements, material and general construction thereof. In addition, there shall be attached a plot plan of the real property to be affected, indicating the location and size of the lot and size of improvements thereon and proposed to be erected thereon.
D. 
Procedure for Zoning Officer. Upon receipt of an appeal complying with the provisions of this section, the Zoning Officer shall transmit to the Board of Appeals all papers constituting the record upon which the action appealed from was taken. All fees due from the appealing party shall be paid prior to such transmittal.
E. 
Stay upon appeal. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Officer certifies to the Board of Appeals after the notice of appeal shall have been filed with the Zoning Officer that, by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property, in which case 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 Officer and on due cause shown.
A. 
Hearing of Appeals. The Board of Appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it and give public notice thereof by the publication in a paper of general circulation in the Town of a notice of such hearing, at least five days prior to the date thereof. In case of an appeal, alleging error or misinterpretation in any order or other action by the Zoning Officer, the following persons shall be notified: the applicant and the person or persons, if any, who benefit from the order, requirement, regulation or determination.
B. 
Town Planning Board referral. The Board of Appeals shall refer to the Town Planning Board all appeals, including variance applications, and any other pertinent matters for review and recommendations. The Zoning Officer shall transmit to the Planning Board a copy of the notice of appeal and all papers constituting the record upon which the action appealed from was taken. Such transmittal shall be made at least 30 days before the date of the hearing on the appeal, and the Board of Appeals shall defer any decision thereon for a period of not more than 30 days, pending a report from the Planning Board.
C. 
County Planning Board referral. At least five days before a hearing, the Board of Appeals shall mail notice of the appeal to the Wayne County Planning Board, if required by § 239-m of the General Municipal Law, which notice shall be accompanied by a full statement of the matter under consideration, as set out in § 239-m, Subdivision 1, of the General Municipal Law. Neighboring municipalities shall also be notified in accordance with General Municipal Law § 239-nn. The Board of Appeals shall defer any decision until 30 days after the referral or receipt of the report of the County Planning Board, whichever is earlier.
[Amended 6-25-2020 by L.L. No. 3-2020]
D. 
Compliance with SEQRA. The Board of Appeals shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and regulations promulgated thereunder, codified in Title 6, Part 617 of the New York Codes, Rules and Regulations.
E. 
Time of decision. The Board of Appeals shall decide upon the appeal within 62 days after the conduct of the hearing. The time within which the Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Board.
F. 
Filing of decision and notice. The decision of the Board of Appeals on the appeal shall be filed in the office of the Town Clerk within five business days after the date such decision is rendered, and a copy thereof mailed to the applicant.
G. 
Expiration of appeal decision. Unless otherwise specified by the Board of Appeals, a decision on any appeal for a variance or special use permit shall expire if the applicant fails to obtain any necessary building permit or comply with the conditions of said authorization permit within six months from the date of authorization.
A. 
Interpretations, requirements, decisions and determinations. The 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 Zoning Officer and to that end shall have all the powers of the Zoning Officer from whose order, requirement or decision the appeal is taken.
B. 
Use variances.
(1) 
The Board of Appeals, on appeal from the decision or determination of the Zoning Officer, shall have the power to grant use variances, authorizing a use which otherwise would not be allowed or would be prohibited by the terms of this chapter. No such use variance shall be granted by the Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such necessary hardship, the applicant shall demonstrate to the Board of Appeals that:
[Amended 6-25-2020 by L.L. No. 3-2020]
(a) 
Under the applicable zoning regulations, the applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;
(b) 
The alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood;
(c) 
The requested use variance, if granted, will not alter the essential character of the neighborhood; and
(d) 
The alleged hardship has not been self-created.
(2) 
The Board of Appeals, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proven by the applicant and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
C. 
Area variances.
(1) 
The Board of Appeals shall have the power, upon an appeal from a decision or determination of law, to grant area variances from the area or dimensional requirements of this chapter. In making its determination, the Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighted against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination, the Board shall also consider whether:
(a) 
An undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance;
(b) 
The benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than an area variance;
(c) 
The requested area variance is substantial;
(d) 
The proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
(e) 
The alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of the area variance.
(2) 
The Board of Appeals, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
D. 
Imposition of conditions. The Board of Appeals shall, in the granting of use variances and area variances, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property or the period of time such variance shall be in effect. Such conditions shall be consistent with the spirit and intent of the zoning law and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
[Amended 6-25-2020 by L.L. No. 3-2020]
A. 
Establishment. The Planning Board, heretofore created pursuant to the provisions of the Town Law, is hereby continued as now constituted. Each member of the Planning Board shall continue to hold office to the expiration of his present term, at which time the Town Board shall appoint a successor as provided by law.
B. 
Powers and duties. The Planning Board shall have the following powers and duties:
(1) 
To prepare and, from time to time, change the master or Comprehensive Plan for the development of the Town.
(2) 
To review proposals to approve or disapprove the laying out, closing off, abandonment or changes in lines of streets, highways and public areas and to make recommendations to the Town Board.
(3) 
To make investigations, maps, reports and recommendations relating to the planning and development of the Town as it seems desirable. This shall include, but not be limited to, changes in boundaries of districts, recommended changes in the provision of this chapter, other land use and development matters of importance to the Planning Board and to act on any matter lawfully referred to it by the Town Board.
(4) 
To review, act on or provide advisory reports as specified by this chapter.
(5) 
To make referrals to other Town departments, boards and/or officials to request advisory opinions to assist the Planning Board in making decisions which affect the development of the Town.
(6) 
All such powers as are conferred upon Town Planning Boards by the provisions of the Town Law as now or hereafter in effect.
A. 
The positions of alternate members of the Zoning Board of Appeals and the Planning Board are hereby established. There shall be two such alternate members for the Board of Appeals and two such alternate members for the Planning Board.
B. 
The alternate members of the Board of Appeals and the Planning Board shall serve in the absence, unavailability or inability of a regular member of such boards to serve. Copies of notices sent to regular members of the Board of Appeals and the Planning Board shall be sent to the respective alternate members. When a meeting of the Board of Appeals or Planning Board shall be duly noticed and called for discussion, if it shall become apparent that a regular member(s) of the Board will be unable to hear and deliberate upon an application, then the alternate member(s) of the Board, at the call of the Chairman or Clerk of the Board, shall be duly authorized to hear any application, to deliberate and to vote with full force and effect as if duly appointed a regular member of the Board.
C. 
The alternate members of the Board of Appeals and the Planning Board shall be appointed for the same term and in the same manner as regularly appointed members.