The Board of Appeals of the City of Oswego existing at the time
of adoption of this amendment shall continue to serve. The Board shall
consist of seven members holding no elective office in the City, one
of whom shall serve as Chairman, and shall receive no compensation
for their services. Each member shall be appointed by the Mayor for
terms of three years, beginning upon the date of the expiration of
present appointments of existing members. In case of vacancies in
the membership of the Board, the Mayor shall appoint new members to
serve the unexpired part of the term of the vacant position.
A.
The Board of Appeals shall be empowered and required to:
B.
In exercising the above-mentioned powers and duties, the Board of
Appeals may reverse or affirm, wholly or partly, or may modify the
order, requirement, decision or determination appealed from and may
make such order, decision or determination as ought to be made, and
to that end have all the powers of the Permit Administrator from whom
the appeal is made.
C.
The concurring vote of four members of the Board of Appeals shall
be necessary to reverse any order, requirement, decision or determination
of the Permit Administrator or to decide in favor of the applicant
any matter upon which such Board is required to pass.
D.
Every decision of the Board of Appeals shall be subject to review
in accordance with Article 78 of the Civil Practice Laws and Rules,
and such decision may be so appealed by any person aggrieved or by
an officer, department, board or bureau of the city.
E.
Any appeal from a decision of the Permit Administrator properly filed
with the Board of Appeals shall stay all proceedings in furtherance
of the action appealed from, unless the Permit Administrator certifies
to the Board of Appeals that, by reason of facts stated in the certification,
a stay would, in his opinion, cause imminent peril to life and property.
F.
The Board of Appeals shall have the power to grant a restraining
order to stay all proceedings in furtherance of the action appealed
from, over any action by the Permit Administrator from whom the appeal
is taken, upon notice to the Permit Administrator and on due cause
shown.
A.
Area variances.
(1)
The Zoning Board of Appeals shall have the power, upon an appeal
from a decision or determination of the administrative official charged
with the enforcement of such ordinance or local law, to grant area
variances as defined herein.
(2)
In making its determination, the Zoning Board of Appeals shall take
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 by such grant. In making
such determination the Board shall also consider:
(a)
Whether 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)
Whether the benefit sought by the applicant can be achieved
by some method feasible for the applicant to pursue, other than an
area variance;
(c)
Whether the requested area variance is substantial;
(d)
Whether the proposed variance will have an adverse effect or
impact on the physical or environmental conditions in the neighborhood
or district; and
(e)
Whether 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.
(3)
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.
B.
Use variances.
(1)
The Board of Appeals, on referral from the Zoning Administrator or
on application by any person allegedly aggrieved by the strict application
of any of the requirements of this chapter or desiring to deviate
therefrom, shall have the power to grant use variances, as set forth
herein. Application for variance shall be made to the Zoning Administrator
in such form as he/she may prescribe.
(a)
Referral to Planning Board. At least 45 days before the date
of public hearing held in connection with any application for a use
variance submitted, the Board of Appeals shall transmit to the Planning
Board a copy of said application, and shall request that the Planning
Board submit to the Board of Appeals its advisory opinion on said
application. The Planning Board shall submit a report of such advisory
opinion prior to the date of said public hearing. The failure of the
Planning Board to submit such report shall be interpreted as a favorable
opinion for the granting of the use variance applied for.
(2)
No such use variance shall be granted by the Board of Appeals without
the applicant showing that applicable zoning regulations and restrictions
have caused unnecessary hardship. In order to prove such unnecessary
hardship the applicant shall demonstrate to the Board of Appeals that
for each and every permitted use under the zoning regulations for
the particular district where the property is located:
(a)
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.
(3)
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.
A.
Application and issuance of special permit. On referral by the Permit
Administrator after application has been made to him for a building
permit, or on direct application, the Board of Appeals is hereby authorized
to issue a special permit for any use for which this chapter requires
the obtaining of such permit from the Board of Appeals, subject to
applicable regulations of this chapter.
B.
Referral to Planning Board. At least 45 days before the date of public
hearing held in connection with any application for a special permit
submitted, the Board of Appeals shall transmit to the Planning Board
a copy of said application, and shall request that the Planning Board
submit to the Board of Appeals its advisory opinion on said application.
The Planning Board shall submit a report of such advisory opinion
prior to the date of said public hearing. The failure of the Planning
Board to submit such report shall be interpreted as a favorable opinion
for the granting of the special permit applied for.
C.
Time limit, transfer and revocation. The Board of Appeals shall grant
all special permits with no time limit for specified use approved
by the special permit. Transfer of use to a new owner shall require
the same conditions and requirements as specified in the granted special
permit. Any special permit granted by the Board of Appeals is revocable
or subject to reconsideration (rehearing) should any problem arise
resulting from the use thereof, based on referral to the Board by
the Permit Administrator.
D.
Submission of plans. Each application for a special permit shall
be accompanied by three copies of a proposed site plan The location
of the subject lot and all streets within a radius of 1,000 feet shall
be shown on a separate drawing.
A.
Form of application.
(1)
The Board of Appeals shall act in strict accordance with the procedures
specified by law and by this chapter and shall determine its own rules
of conduct. All appeals and applications made to this Board shall
be taken in writing on forms prescribed by the Board.
(2)
The Chairman of the Zoning Board of Appeals shall be empowered to
administer oaths during any proceeding before the Board.
B.
Contents of application for variance, appeal or special permit.
(1)
Any person allegedly aggrieved by the strict application of any of
the requirements of this chapter or desiring to deviate therefrom
may apply to the Board of Appeals for a variance from any such requirements.
Such application shall state the specific provisions of this chapter
from which variance is sought and shall state precisely the interpretation
which is sought and the details of the variance which is sought, together
with the special circumstances which allegedly justify such variance.
(2)
Appeals or applications shall be taken within such time as shall
be prescribed by the Board of Appeals by general rule by the filing
with the Permit Administrator from whom the appeal is taken, and with
the Board of Appeals, of a notice of appeal, specifying the grounds
thereon.
(3)
The Permit Administrator shall forthwith transmit to the Board of
Appeals all papers constituting the record upon which the action appealed
from was taken.
C.
Public hearing.
(1)
The Board of Appeals shall, after due notice, hold a public hearing
on every appeal or application for a variance or for a special permit
referred or taken to said Board or upon which it is required to pass,
in accordance with this chapter and the law. The Board of Appeals
shall have published a notice of each such public hearing in a newspaper
of general circulation in the City at least 10 days prior to such
hearing.
(2)
All property owners within a 100-foot radius of the property which
is subject to appeal or application shall be notified of the public
hearing, in writing, by first class mail, by the Recording Secretary
for the Zoning Board of Appeals.
D.
Findings and conclusions. After such public hearing and after considering
the application, the Board of Appeals shall either grant or deny the
variance or special permit and shall make written findings of fact
and conclusions concerning the subject matter of such hearing, including
the reasons for granting or denial of the relief sought. As to any
proposed use, such findings of fact and conclusions shall be made
concerning such use as described and represented by the applicant.
E.
Reporting and filing of decisions, permits and variances.
(1)
Every official and final decision of the Board of Appeals shall be
by written resolution, each of which shall contain a full record of
its findings in the particular case, and each of which shall be filed
in the City Clerk's office, together with all pertinent documents.
The Board of Appeals shall notify the Common Council and Planning
Board, in writing, of each special permit and variance issued or granted
under provisions of this chapter.
(2)
The Board of Appeals may employ such clerical or other assistants
as may be necessary, provided that it shall not at any time incur
expenses beyond the amount of appropriation made and then available
for that purpose.
Any persons aggrieved or allegedly aggrieved by a decision,
determination, act or refusal to act of a body or officer exercising
judicial, quasi-judicial, administrative or corporate functions relating
to this chapter may petition for relief to a proper court of law in
accordance with the provisions of Article 78 of the Civil Practice
Law and Rules of the State of New York.
