A.
Planning Board.
(1)
Pursuant to § 271 of the Town Law, the Planning Board of
the Town of Greece shall consist of seven members appointed by the
Town Board. Terms of appointment for each of the members of the Planning
Board shall be in accordance with Local Law No. 4 of 1977. This chapter
shall not affect the terms of members of the Planning Board who were
appointed prior to the effective date of this chapter.
(2)
The Planning Board shall have all of the powers and shall perform
all of the duties prescribed under the Town Law and this chapter.
B.
Board of Zoning Appeals.
(1)
Pursuant to § 267 of the Town Law, the Board of Zoning
Appeals of the Town of Greece shall consist of seven members appointed
by the Town Board. The terms of appointment for each of the members
of the Board of Zoning Appeals shall be in accordance with Local Law
No. 3 of 1977. This chapter shall not affect the terms of members
of the Board of Zoning Appeals who were appointed prior to the effective
date of this chapter.
(2)
The Board of Zoning Appeals shall have all of the powers and shall
perform all of the duties prescribed under the Town Law and this chapter.
A.
Subdivisions.
(1)
The division of any parcel of land into two or more lots, blocks
or sites, with or without public streets or highways, shall be deemed
to be a subdivision. Such subdivision shall be shown on a map or plat
which shall be subject to the review and approval of the Planning
Board.
(2)
Application for approval of a subdivision, showing the arrangement,
layout and design of streets and lots, shall be prepared and submitted
in accordance with specifications and administrative procedures adopted
by the Planning Board and in accordance with the Town's Specifications
for Construction of Utilities and Roadways.
B.
Changes of lot lines.
(1)
The change of one or more lot lines on one or more lots shall be
shown on a map or plat which shall be subject to the review and approval
of an authorized representative of the Planning Board such as the
Chairperson or Clerk of the Planning Board. The approval of such lot
line changes shall not:
(a)
Result in the creation of more lots on which a new principal
building could be erected than would exist without such change of
lot line; nor
(2)
Application for lot line changes shall be prepared and submitted
in accordance with specifications and administrative procedures adopted
by the Planning Board.
(3)
Upon the request of the authorized representative of the Planning
Board or an applicant, a map or plat showing lot line changes shall
be subject to the review and approval of the Planning Board.
A.
Purpose and intent. Pursuant to § 278 of the New York State
Town Law, the Planning Board may consider approval of cluster developments
(as defined in § 278 of the New York State Town Law) consisting
of lots that do not comply with certain zoning requirements, in order
to preserve the natural and scenic qualities of open lands.
B.
Applicability. The Planning Board may permit or require a cluster
development in the R1-44, R1-18, and R1-10 Districts upon a finding
that such requirement would further the purpose and intent of this
section.
C.
General provisions.
(1)
The permitted density in a cluster development shall be determined
at the time of preliminary plat approval, and in accordance with the
provisions of § 278 of the New York State Town Law.
(2)
In no case shall the permitted number of building lots or dwelling
units in a cluster development exceed the number that could be permitted
if, in the Planning Board's judgment, the land were subdivided into
lots conforming to the minimum lot size and density requirements of
the applicable zoning district, and all other requirements of this
chapter.
(3)
In no case shall the permitted number of building lots or dwelling
units in a cluster development exceed the number that could be permitted
if, in the Planning Board's judgment, the land were developed in accordance
with all other current and generally accepted design standards and
applicable regulatory requirements.
D.
Concept plan review. Application for concept review of a conventional
plan and cluster plan, as hereinafter described, may be submitted
to the Planning Board in advance of formal subdivision review. Concept
plans need not be fully engineered, but should include as much information
as is readily available.
E.
Preliminary plat application. When considering an application for
preliminary plat approval of cluster developments, the Planning Board
shall conduct a review of both a conventional plan and a cluster plan,
along with all other materials required for standard subdivision applications.
(1)
Conventional plan. Applications for approval of a cluster development
shall include a conventional plan that conforms to all applicable
zoning requirements. A conventional plan will not be approved for
construction, but instead will be used to determine the number of
building lots or dwelling units (density) that reasonably could be
developed without lot clustering. A conventional plan shall be designed
in accordance with the following provisions:
(a)
A conventional plan shall consist of a street and lot layout
in which all lots conform to the area and dimensional requirements
for lots in the applicable zoning district, and all other applicable
requirements of this chapter.
(b)
Applications for preliminary plat approval of a cluster development
shall include the following information for all lots that wholly or
partly comprise such development:
[1]
A field delineation of any wetlands, subject to confirmation
and jurisdictional determination by the United States Army Corps of
Engineers or the New York State Department of Environmental Conservation.
The confirmed boundaries of such wetlands shall be shown on all sheets
in the plan set.
[2]
The 100-year flood zone of any waterway, as determined by engineering
analysis. Such flood zone boundaries shall be shown on all sheets
in the plan set.
[3]
An accurate depiction of the 100-year flood zone and floodway
as shown on current Flood Insurance Rate Maps (FIRM) from the Federal
Emergency Management Agency. Such FIRM boundaries shall be shown on
all sheets in the plan set.
[4]
Existing topography (certified by a licensed land surveyor or
professional engineer). Such topography shall be depicted at a contour
interval not greater than 1.0 foot and shall be extended 100 feet
onto all lots that adjoin a cluster development.
(c)
No lot shown on a conventional plan shall contain regulated
wetlands or 100-year flood zones, as herein described, in the area
within which a dwelling unit would be permitted to be placed, erected,
or constructed in compliance with the setback regulations established
for the district in which such dwelling unit would be located.
(d)
A conventional plan shall reasonably account for all physical
aspects of the site and potential limitations to site development,
including, but not limited to, access and road design, stormwater
management, and topography.
(2)
Cluster plan. Applications for approval of a cluster development
shall include a cluster plan in which the street and lot layout and
the lot areas and dimensions are modified in order to preserve the
natural and scenic qualities of open lands. As part of the approval
of a preliminary plat for a cluster development, the Planning Board
shall determine the degree to which the applicable zoning requirements
may be modified. The Planning Board may modify such zoning requirements
for an entire cluster development or for individual lots within such
development.
(a)
A cluster plan shall include the applicable zoning requirements
for the district in which the subdivision is located, along with the
proposed modifications to such zoning requirements.
(b)
A cluster plan, showing the arrangement, layout and design of
streets and lots, shall be prepared and submitted in accordance with
specifications and administrative procedures adopted by the Planning
Board and in accordance with the Town's Specifications for Construction
of Utilities and Roadways.
(c)
A cluster plan shall consist of no more lots than were deemed
appropriate by the Planning Board based on a conventional plan.
(d)
In no case shall the ratio of public street right-of-way to
private drive (as measured in linear feet along the center line) in
a cluster plan exceed such ratio in a conventional plan.
(e)
A cluster development shall preserve the most environmentally
sensitive features and/or wildlife habitat on the lands that comprise
such development, without compromising site design and orderly development
within the community.
(f)
Where possible, and to the greatest degree practicable, lands
to be preserved within a cluster development shall be contiguous to
existing public lands or other open space.
F.
Modifications. The Planning Board may authorize modifications to
the requirements of this section upon a finding that such action is
necessary to eliminate practical difficulties associated with the
strict interpretation of these requirements and that the result will
further the stated purpose and intent of this section and of § 278
of the New York State Town Law.
G.
Disposition of lands to be preserved. The Planning Board shall consider
each individual cluster development on its own merits, and may establish
such conditions on the ownership, use, and maintenance of such open
lands as it deems necessary to further the purpose and intent of this
section and § 278 of the New York State Town Law. Options
for ensuring the preservation of the natural and scenic qualities
of open lands may include, but shall not be limited to, conservation
easements and public ownership.
[Amended 4-15-2021 by L.L. No. 1-2021]
A.
Special permits.
(1)
Public hearings. Any use for which a special permit is required shall
be considered at a public hearing held in accordance with the requirements
of § 274-b of the Town Law.
(2)
Decisions. The board which has jurisdiction over an application for
a special permit may approve with or without modifications or deny
a special permit.
(3)
Expansion of a special permit use. The nature, duration and intensity
of the operations which are involved in or conducted in connection
with any use for which a special permit has been granted shall not
be increased or expanded without the approval of the board which has
jurisdiction over said special permit use. Any expansion of a use
which requires a special permit shall be considered at a public hearing
held in accordance with the requirements of § 274-b of the
Town Law.
(4)
Expiration of a special permit.
(a)
A special permit shall authorize only one specific use. Said
permit shall expire if:
(b)
Upon written request, the board which issued the special permit may extend the time periods established in Subsection A(4)(a)[1] and [2] above for two additional periods of time not to exceed three months each. Said extensions may be granted if, in the board's opinion, it is warranted by the particular circumstances of the request.
(5)
Revocation of a special permit.
(a)
A special permit may be revoked by the board which has jurisdiction
over said permit. Said board shall hold a public hearing to consider
whether or not the special permit grantee has violated the terms and
conditions of said special permit. Said public hearing shall be held
only after the permit grantee has been notified, as hereinafter described,
by the Building Inspector of said violations and has failed to correct
said violations within the time period established by the Building
Inspector. Notice of violations shall be served in the following manner:
[1]
By personal service of a copy thereof upon the owner or some
one of the owners, executors, legal representatives, agents, lessees
or any other person having a vested or contingent Interest in the
premises as shown by the last preceding completed assessment roll
of the Town or, if no such person can be reasonably found, by mailing
to said owner by certified mail, return receipt requested, a copy
of said notice directed to his/her last known address; and
[2]
By personal service of a copy of said notice upon any adult
person occupying the premises on which said special permit use is
conducted, or, if no such person can be reasonably found, by mailing
to said occupant by certified mail, return receipt requested, a copy
of said notice directed to the address of the premises on which said
special permit use is conducted, or by securely affixing a copy of
said notice upon any building or structure which is located on the
premises on which said special permit use is conducted.
(b)
At least 10 days before said public hearing, a legal notice
of said hearing shall be published in a newspaper of general circulation
in the Town. Written notice of said hearing shall be mailed to the
special permit grantee by certified mail, return receipt requested,
directed to the last known address of the permit grantee.
(6)
Standards for special permit applications to the Board of Zoning
Appeals. No special permit shall be granted by the Board of Zoning
Appeals unless and until the applicant has demonstrated to the satisfaction
of the Board that:
(a)
Access to the site and the size of the site are adequate for
the proposed use.
(b)
The proposed use will not adversely affect the orderly pattern
of development in the area.
(c)
The nature, duration and intensity of the operations which are
involved in or conducted in connection with the proposed use will
be in harmony with nearby uses and will not alter the essential character
of the neighborhood nor be detrimental to the residents thereof.
(d)
The proposed use will not create a hazard to health, safety
or the general welfare.
(e)
The proposed use will not be detrimental to the flow of traffic
in the vicinity.
(f)
The proposed use will not place an excessive burden on public
improvements, facilities, services or utilities.
(7)
Waiver. Upon written request from an applicant, the board which has
jurisdiction over an application, may waive the requirements of this
chapter that a special permit be obtained. Said waiver may be granted
at a regularly scheduled meeting of the board which has jurisdiction.
Waivers may be granted if such board determines it is warranted by
the particular circumstances of the request. Said circumstances may
include, but shall not be limited to:
(a)
A change in the owner, operator or tenancy of a use for which
a special permit previously was granted, provided that said use:
(b)
A use which is located within a principal use and which is incidental,
secondary, or subordinate to said principal use; or
(c)
Reapproval of a special permit for a use, provided that said
special permit expired without said use having commenced.
(d)
Expansion of an existing special permitted use which does not
include construction of additional floor space or appurtenances.
(e)
Restaurants which serve food or beverages principally on a takeout
or delivery basis and which have provisions for not more than 12 persons
to consume such food or beverages on the premises.
(f)
Because of the particular character or limited nature of a proposal.
B.
Variances and appeals.
(1)
Variances. The Board of Zoning Appeals shall have the power, upon
an appeal from a decision or determination of the Building Inspector,
to grant a use variance or an area variance, subject to the procedures
and requirements of § 267-b of the Town Law.
(2)
Appeals. The Board of Zoning Appeals shall hear and decide on appeals
from any order, requirement, decision or determination made by the
Building Inspector in the administration of this chapter in accordance
with the procedures and requirements of § 267-a of the Town
Law.
C.
Site plans.
(1)
One-family and two-family dwellings.
(a)
No building permit shall be issued by the Building Inspector
for any one-family or two-family dwelling on a lot unless and until
a subdivision plat and site design details for such use have been
approved by the Planning Board, the Town Engineer and the Commissioner
of Public Works and such plat has been filed in the office of the
Monroe County Clerk, or, alternatively, a site plan for such use has
been approved by the Town Engineer, the Commissioner of Public Works
and the Building Inspector. This requirement shall also apply to any
lot for which an approved subdivision map, plat or deed has been filed
or recorded in the office of the Monroe County Clerk prior to the
effective date of this chapter.
(b)
During the construction of a one-family or two-family dwelling,
the Building Inspector or Commissioner of Public Works may authorize
minor adjustments to the approved plan which are consistent with such
plan, when such adjustments are deemed necessary in light of technical
or engineering considerations which develop during actual construction,
or when such adjustments are required in order to comply with laws,
ordinances, codes, rules or regulations which are made applicable
to the subject property by any agency or instrumentality of the United
States, New York State, Monroe County or Town of Greece. The Building
Inspector or Commissioner of Public Works may, in his/her discretion,
refer any such proposed change to the Planning Board for review.
(c)
Approval of a site plan for a one-family or two-family dwelling
shall be valid for the purpose of obtaining a building permit for
a period of two years following the date of such approval by the Town
Engineer, the Commissioner of Public Works and the Building Inspector.
Upon written request from an applicant, the Town Engineer, the Commissioner
of Public Works and the Building Inspector together may waive the
requirement to obtain reapproval of an expired site plan, provided
that they determine that no substantial change has taken place in
the particular circumstances of such previous site plan approval.
Approval of such waiver shall be valid for the purpose of obtaining
a building permit for a period of two years following the date of
such waiver by the Town Engineer, the Commissioner of Public Works
and the Building Inspector. Upon expiration of such waiver, no building
permit shall be issued by the Building Inspector unless and until
site plan approval has been granted by the Town Engineer, the Commissioner
of Public Works and the Building Inspector.
(2)
Other uses.
(a)
Pursuant to § 274-a of the Town Law, no building permit shall be issued by the Building Inspector for any of the following uses unless and until a site plan for said use has been reviewed and approved by the Planning Board. Exempt from this requirement are minor improvements as provided for in Subsection D.
(b)
Application for approval of a site plan, showing the arrangement,
layout and design of the proposed use, shall be prepared and submitted
in accordance with specifications and administrative procedures adopted
by the Planning Board.
(c)
The Planning Board may approve with or without modifications
or deny an application for site plan approval in accordance with the
procedures and requirements of § 274-a of the Town Law.
Upon a finding by the Planning Board that, because of the particular
character or limited nature of a new development or change in use
or special conditions peculiar to a site, the submission of a site
plan or of certain portions of the information normally required as
part of the site plan is inappropriate or unnecessary or that strict
compliance with said informational requirements will cause extraordinary
and unnecessary hardship, the Planning Board may vary or waive such
submission wherever, in the opinion of the Board, such waiver will
not be detrimental to the public health, safety or general welfare.
(d)
Site plans which are approved by the Planning Board shall also
be subject to the review and approval of the Building Inspector, Fire
Marshal, Town Engineer, the Commissioner of Public Works, and any
other persons or agencies designated by the Planning Board.
(e)
Approval of a site plan by the Planning Board shall be valid
for the purpose of obtaining a building permit for a period of one
year following the date of the Board's approval resolution. The Planning
Board may, however, upon written request, extend such one-year period
for two additional periods of time not to exceed three months each.
Such extensions may be granted if, in the Board's opinion, it is warranted
by the particular circumstances of the request. Upon expiration of
such extensions, no permit shall be issued by the Building Inspector
unless site plan approval has been granted by the Planning Board.
(f)
During the construction of an approved site plan, the Building
Inspector or Commissioner of Public Works may authorize minor adjustments
to the approved plan which are consistent with such plan, when such
adjustments are deemed necessary in light of technical or engineering
considerations which develop during actual construction, or when such
adjustments are required in order to comply with laws, ordinances,
codes, rules or regulations made applicable to the subject property
by any agency or instrumentality of the United States, New York State,
Monroe County or Town of Greece. The Building Inspector or Commissioner
of Public Works may, in his/her discretion, refer any such proposed
change to the Planning Board for review.
(g)
Exempt from the requirements of this section are structures
which are erected, placed or constructed in order to comply with the
requirements of the Americans with Disabilities Act of 1990, as amended.
D.
Minor improvements.
(1)
Minor improvements, as hereinafter described, shall not be permitted
for any multiple-family residential or nonresidential use, unless
and until a minor improvement plan has been reviewed and approved
by the Planning Board or an authorized representative of the Planning
Board such as the Chairperson or Clerk of the Planning Board.
(2)
For purposes of this chapter, minor improvements shall include the
placement, erection or construction of:
(a)
Freestanding signs.
(b)
Light poles.
(c)
Fences or walls.
(d)
Accessory structures, or additions to existing structures, provided
that said structures or additions do not exceed 4,000 square feet
of gross floor area or 25% of the area of existing principal structures.
(e)
New or enlarged paved or unpaved parking areas, provided that
said new parking areas or said parking area enlargements do not contain
more than 20 parking spaces.
(f)
Structures which are erected, placed or constructed on an annual,
seasonal or other recurring basis and which are removed from the premises
within five months of their erection, placement or construction.
(g)
Minor alterations of previously approved site plans or minor
improvement plans.
(h)
Other similar minor improvements.
(3)
Application for approval of a minor improvement plan, showing the
arrangement, layout and design of the proposed minor improvement,
shall be prepared and submitted in accordance with specifications
and administrative procedures established in regulations adopted by
the Planning Board.
(4)
The authorized representative of the Planning Board may approve with
or without modifications or deny an application for approval of a
minor improvement plan. Any minor improvement plan approved by said
representative of the Planning Board shall also be subject to the
review and approval of the Town Engineer and the Building Inspector.
(5)
Upon the request of the authorized representative of the Planning
Board or an applicant, a minor improvement plan shall be subject to
the review and approval of the Planning Board.
(6)
Approval of a minor improvement plan shall be valid for the purpose
of beginning said minor improvement for a period of one year following
the date of said approval by the authorized representative of the
Planning Board or by the Planning Board. However, upon written request,
the authorized representative of the Planning Board may extend said
one-year period for two additional periods of time not to exceed three
months each. Said extension may be granted if, in the opinion of said
representative of the Planning Board, it is warranted by the particular
circumstances of the request.
(7)
Waiver of minor improvement plan requirements. Upon written request
from an applicant, the Planning Board or an authorized representative
of the Planning Board may waive the requirements of this chapter that
approval of a minor improvement plan be obtained, subject to the requirements
and restrictions of this subsection.
(a)
Structures and improvements eligible for waiver:
[1]
Freestanding signs.
[2]
Accessory electric vehicle charging points.
[3]
Light poles.
[4]
Fences or walls, including those which are used to enclose outdoor
refuse containers.
[5]
Sheds, as defined in this chapter (less than 200 square feet
in area).
[6]
Permanent outdoor seating provisions for a restaurant, where the number of outdoor seats provided will not exceed 10% of existing indoor seating capacity, including decks and patios. Outdoor seating shall be in accordance with the regulations established in § 211-28, and guidelines established by the Department of Planning and Economic Development.
[7]
Pedestrian pathways.
[8]
Structures which are erected, placed or constructed on an annual,
seasonal or other recurring basis and which are removed from the premises
within five months of their erection, placement or construction.
(b)
A waiver of the minor improvement plan requirement shall not
be granted for:
[1]
Structures and improvements which are proposed to be located
within a public easement.
[2]
Structures, uses and improvements which do not comply with the
applicable provisions of this chapter, unless such structures, uses
or improvements have been granted variances by the Board of Zoning
Appeals or are legal preexisting conditions.
(c)
Requests for waiver of the minor improvement plan requirement
shall be submitted in writing by the property owner, or a duly authorized
representative of the property owner, and shall include a recent instrument
survey of the project location, including all existing structures
and easements. The proposed structure or improvement shall be drawn
to scale on the instrument survey map, including all dimensions and
setback distances. Additional information may be requested, including
but not limited to structural details, manufacturer's specifications,
and exterior materials and colors.
(d)
Approval of waiver.
[1]
Waivers may be approved, approved with modifications, or disapproved
by resolution of the Planning Board, or in writing by an authorized
representative of the Planning Board.
[2]
A waiver of the minor improvement plan requirements shall be
valid for the purpose of beginning such minor improvement for a period
of one year following the date of the Planning Board resolution granting
such waiver, or for a period of one year following the date of the
written approval of such waiver by an authorized representative of
the Planning Board.
[3]
No minor improvement for which a waiver has been disapproved
by the Planning Board or its authorized representative shall be permitted
unless and until a minor improvement plan has been approved in accordance
with the provisions of this chapter.
E.
Amendments to Official Zoning Map. In the event that an amendment
of the Official Zoning Map is scheduled to expire by reason of a time
limit established by the Town Board by resolution at the time that
such amendment is made, upon written request by an applicant, which
application shall be filed before the end of such time limit, the
Town Board may, without public hearing, extend such time limit by
time periods of not more than six months each. Such extensions may
be granted if the Town Board determines, in its sole judgment and
discretion, that such extensions are warranted by the particular circumstances
of the request.
A.
Application fees. A nonrefundable fee shall be paid to the Town Clerk
for any application submitted pursuant to this chapter. The amount
of the fee for each type of application shall be established by the
Town Board under separate resolution.
B.
Notices of public hearing.
(1)
General requirements.
(a)
For any application which requires a public hearing, the applicant
shall file an affidavit in the Department of Development Services
no later than the business day before said public hearing. Said affidavit
shall certify that all notification requirements as hereinafter provided
have been met not less than 10 calendar days before said public hearing.
Said affidavit shall also contain the names and addresses of all lot
owners who are required to be notified and shall include the dates
on which said notice was given. All written notices which are required
to be given by the applicant shall be mailed through the United States
Postal Service. The applicant shall obtain proof of said mailings
from the Postal Service.
(b)
If an applicant owns or has a financial interest in lots which
adjoin a lot which is subject to the notification requirements hereinafter
provided, said notification requirements shall also apply to the boundary
of said adjoining lots.
(c)
Any written notice which is hereinafter required shall specify
the location of the subject lot, the current zoning of the subject
lot, the proposal for which approval is requested and the date, time
and place of the public hearing.
(d)
Any application which does not comply with the notification
requirements hereinafter established may be dismissed by the board
which has jurisdiction over said application. No further consideration
of an application which has been dismissed shall occur unless and
until a new application is submitted in compliance with all requirements
established by this chapter.
(e)
At the request of an applicant or on its own initiative, the
board which has jurisdiction over an application may modify or waive
the notification requirements hereinafter provided. Said modification
or waiver may be granted at a regularly scheduled meeting of the board
which has jurisdiction. Said modification or waiver may be granted
if, in said board's opinion, it is warranted by the particular circumstances
of the request.
(2)
Town Board.
(a)
Zoning Ordinance changes. For any amendment, supplement or change
of any regulation, restriction or zoning district boundary contained
in this chapter, the applicant shall give notice in each of the following
manners:
[1]
Written notice. The applicant shall give written notice to the
owners of all lots which are within 500 feet of the boundary of the
lot which is proposed to be changed in zoning.
[2]
Poster. The applicant shall place at least one poster on the
lot which is proposed to be changed in zoning in a location which
is easily read from each public street on which said lot fronts. The
dimensions of said poster shall be not less than 36 inches high by
not less than 36 inches wide. Said poster shall specify the current
zoning, the proposed zoning and the date, time and place of the public
hearing. Said poster shall be removed from the subject lot within
30 days following the public hearing.
(b)
Special permits. For any application for a special permit, the
applicant shall give written notice to the owners of all lots which
are within 500 feet of the boundary of the lot which contains a use
or structure for which a special permit is requested.
(c)
An applicant applying for a waiver of a special permit shall not be required to give written notice to the owners of all lots within 500 feet. However, if a waiver is not granted by the Town Board, the applicant shall comply with the neighborhood notification requirements contained in this Subsection B.
(3)
Planning Board.
(a)
Subdivisions. For any application for preliminary plat approval,
the applicant shall give written notice to the owners of all lots
which adjoin or are directly across the street from the lot which
is proposed to be subdivided.
(b)
Site plans. If the Planning Board determines, by a vote of a
majority of its members, that a public hearing is required for an
application for site plan approval, the applicant shall give written
notice to the owners of all lots which adjoin or are directly across
the street from the lot which contains a use or structure for which
site plan approval is requested.
(4)
Board of Zoning Appeals.
(a)
Special permits and use variances. For any application for a
special permit or a use variance, the applicant shall give written
notice to the owners of all lots which are within 500 feet of the
boundary of the lot which contains a use or structure for which a
special permit or use variance is requested.
(b)
Area variances and other appeals. For any application for an
area variance or other appeal from any order, requirement, decision
or determination made by the Building Inspector involving the administration
of this chapter, the applicant shall give written notice to the owners
of all lots which adjoin or are directly across the street from the
lot which contains a condition for which a variance request or other
appeal is made.
(c)
An applicant applying for a waiver of a special permit shall not be required to give written notice to the owners of all lots within 500 feet. However, if a waiver is not granted by the Board of Zoning Appeals, the applicant shall comply with the neighborhood notification requirements contained in Subsection B(1)(a).
A.
For any application which has been denied on its merits by the Town
Board, Planning Board or Board of Zoning Appeals, no second application
which is the same or substantially the same as the first application
shall be heard by the Board which issued said denial for a period
of one year from the date on which said denial was issued.
B.
Within said one-year period, a successive application may be heard
by the Board which denied the first application if, by a vote of a
majority of its members plus one, said Board finds that substantial
new evidence is available or that a mistake of law or fact significantly
affected the previous denial. Any successive application shall include
a detailed statement of grounds which justify consideration of said
application.
C.
If a new hearing is held for a successive application, the applicant
shall establish grounds which warrant reconsideration of the merits
of said application before offering any evidence on said merits. If
the applicant fails to establish said grounds, said application may
be summarily dismissed.
