The Board of Appeals shall have the power:
A. Upon an appeal, to review any order or decision of the Code Enforcement
Officer in case of alleged error or misinterpretation of the provisions
of this chapter, including the location of any district boundary as
to which there is an uncertainty, and to affirm, modify or reverse
such order or decision.
B. Upon an appeal based on practical difficulty or unnecessary hardship
in the way of carrying out the strict letter of this chapter, to grant
a variance from the requirements thereof. However, the hardship must
be unique, applying to the premises in question but not applying generally
to other premises in the same district. It must not be self-created
by any person having an interest in the property or the result of
mere disregard for or ignorance of the provisions of this chapter.
Any relief granted shall be only that reasonably required to effect
substantial justice, shall not be arbitrary or discriminatory and
shall be granted with due consideration for its effect on the ultimate
development of the district in accord with the Zoning Map.
C. Upon an application for a special permit, to approve any structure
or use in any case where this chapter requires the approval of the
Board of Appeals.
D. Upon an application for a temporary permit, to approve, for a period
not exceeding one year on any single permit, any structure or use
in an undeveloped section of the Town, provided that such structure
or use:
(1) Is important to the development of such undeveloped section.
(2) Will not be prejudicial to adjoining and neighboring sections already
developed.
(3) Does not require the approval of the Town Board under the terms of
this chapter.
E. Upon an application, to permit any public service, public utility
or public building found to be necessary for the public health, safety
or general welfare.
F. Upon an application, to approve the extension of any building, structure
or use existing at the effective date of this chapter not more than
50 feet into an adjacent, more-restrictive district.
G. Upon an application, to vary the provisions relating to special flood
hazard areas, provided that no increase in base flood level or discharge
would result thereby and that the variance shall be the minimum necessary
to afford relief. Where a variance is approved by the Board of Appeals,
written notice shall be given that the building will be subject to
increased cost for flood insurance and that a hazard to human habitation
exists by virtue of base flood conditions. The Board of Appeals shall
not grant any variance of these provisions unless save-harmless provisions
are filed in favor of the Town of Aurora prior to the filing of such
variances.
H. Any variance
or special use permit granted by the Zoning Board of Appeals or by
a court of competent jurisdiction pursuant to the provisions of this
chapter shall be and become null, void and of no further force or
effect unless a building permit, if required, is issued or the use
granted commences within 365 days after the date of the decision of
the Zoning Board of Appeals or a final court decision has been entered.
[Added 3-27-2023 by L.L. No. 3-2023]