A. 
Authority to file.
(1) 
Pursuant to NYS General Town Law and the Town of Clarkson Code and all applicable provisions of this chapter, this chapter may be amended, supplemented, and repealed.
(2) 
Amendments to the text or map of this zoning code may be initiated by the Town Board, Planning Board, or by a petition by property owners as provided by NYS General Town Law.
B. 
Authorized review bodies.
(1) 
The Planning Board shall serve in an advisory role to the review of proposed amendments and issue a recommendation of decision to the Town Board.
(2) 
The Town Board shall review and issue the final decision on all proposed amendments.
C. 
Public hearing. A public hearing shall be held by the Town Board for all proposed amendments.
D. 
Referrals. All referrals shall be made in accordance with § 140-40.5.
E. 
Review procedure.
(1) 
Each application shall be referred to the Planning Board. The Planning Board shall report its recommendations thereon to the Town Board, accompanied by a full statement of the reasons for such recommendations.
(2) 
If the Planning Board fails to report within a period of 62 days from the date of receipt of notice or such longer time as may have been agreed upon by it and the Town Board, the Town Board may act without such report.
(3) 
After receiving the report of the Planning Board, the Town Board shall issue a decision on the proposed amendment within 62 days. The Town Board may also return the application to the Planning Board for further consideration, together with a written explanation of the reasons for doing so.
(4) 
The Town Board may act by a simple majority vote, except when a valid protest petition has been submitted in accordance with NYS Law. In the case of a valid protest petition, approval requires a three-fourths vote of the members of the Town Board.
(5) 
If the Town Board approves the amendment, supplement, change or modification to the zoning code or zoning map, as applicable, shall be amended after publication and filing with the Town Clerk, County Clerk, and Secretary of State as required by NYS Law.
F. 
Review criteria. In reviewing and making decisions on zoning amendments, the reviewing body may consider the following criteria, as applicable:
(1) 
Whether the proposed amendment corrects an error or inconsistency in the zoning code or meets the challenge of a changing condition;
(2) 
Whether the proposed amendment is in substantial conformance with the adopted plans and policies of the municipality;
(3) 
Whether the proposed amendment is in the best interests of the municipality as a whole;
(4) 
Whether public facilities (infrastructure) and services will be adequate to serve development allowed by any requested rezoning;
(5) 
Whether any rezoning will substantially harm the public health, safety or general welfare or the value of nearby properties;
(6) 
Whether any rezoning is compatible with the zoning and use of adjacent property;
(7) 
Whether the property in question is suitable for the uses and development to which it has been restricted under the existing zoning regulations; and
(8) 
Whether the gain, if any, to the public health, safety and general welfare due to denial of the application outweighs that of the hardship imposed upon the landowner, if any, as a result of denial of the application.
A. 
Applicability. Appeals may be made where it is alleged there has been an error in interpretation of any zoning code provisions or in any order, requirement, decision, or determination made by the CEO or other administrative officials under the Town Code.
B. 
Right to appeal. Appeals may be filed by any person aggrieved by an administrative decision of the CEO or other agent duly designated to the administration and enforcement of this chapter.
C. 
Stay upon appeal. An appeal shall stay all proceedings in furtherance of the appealed action, unless the CEO certifies to the Zoning Board of Appeals that a stay would, in their opinion, cause imminent peril to life or property. Then the proceedings shall not be stayed otherwise than by a restraining order granted by the Zoning Board of Appeals or by a court of record on application, to the CEO.
D. 
Authorized review body. Appeals shall be reviewed by the Zoning Board of Appeals (ZBA).
E. 
Application processing.
(1) 
Appeal applications shall be submitted, processed, and reviewed in accordance with Article 40 of this chapter.
(2) 
Appeal applications must be filed within 30 days of the date of the decision being appealed.
(3) 
Every appeal application shall refer to the specific provision of this chapter involved and shall exactly set forth the interpretation that is claimed.
F. 
Public hearing required.
(1) 
A public hearing shall be held by the ZBA prior to issuing a decision.
(2) 
A motion for the ZBA to hold a rehearing to review any order, decision or determination not previously reheard, may be made by any member of the ZBA. A unanimous vote of all members of the ZBA then present is required for such rehearing to occur. Such rehearing is subject to the same notice provisions as an original hearing. Upon such rehearing the ZBA may reverse, modify or annul its original order, decision or determination upon the unanimous vote of all members then present, provided the ZBA finds that the rights vested in persons acting in good faith in reliance upon the reheard order, decision or determination will not be prejudiced thereby.
G. 
Referrals. All referrals shall be made in accordance with § 140-40.5.
H. 
Issuance of decision.
(1) 
In exercising the appeal power, the ZBA has all the powers of the Town official or agent from whom the appeal is taken.
(2) 
The ZBA may reverse the appeal or affirm the appeal, in whole or in part, or modify the decision being appealed.
(3) 
In acting on the appeal the ZBA must grant to the decision or action a presumption of correctness, placing the burden of persuasion of error on the appellant.
A. 
Applicability. The Zoning Board of Appeals (ZBA) shall have the power, on appeal from the decision or determination of any administrative official charged with enforcement of this chapter, to reverse or affirm, wholly or partly, or modify an order, requirement, decision, interpretation, or determination by the granting of either use variances or area variances as authorized by NYS Town Law. The variance procedures may not be used to:
(1) 
Waive, modify or otherwise vary any of the review and approval procedures of this article; or
(2) 
Waive, vary, modify or otherwise override a condition of approval or requirement imposed by another authorized review board or commission.
B. 
Transferability. Zoning variance approval runs with the land and is not affected by changes of tenancy, ownership, or management.
C. 
Authorized review body. Appeals shall be reviewed by the Zoning Board of Appeals (ZBA).
D. 
Burden of proof. The applicant seeking the variance shall have the burden of presenting sufficient evidence to allow the ZBA to reach a conclusion as set forth below as well as the burden of persuasion on those items.
E. 
Application processing.
(1) 
Variance applications shall be submitted, processed, and reviewed in accordance with Article 40 of this chapter.
(2) 
Every variance application shall refer to the specific provision of this chapter involved and shall exactly set forth the interpretation that is claimed.
F. 
Public hearing required. A public hearing shall be held by the ZBA prior to issuing a decision.
G. 
Referrals. All referrals shall be made in accordance with § 140-40.5.
A. 
Authorization. A use variance authorizes the use of land for a purpose that is otherwise not allowed or prohibited by this chapter. A finding of unnecessary hardship is required to properly grant a use variance.
B. 
Review criteria. The ZBA shall not grant a use variance without the applicant having shown that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, per NYS Town Law, the applicant shall demonstrate to the ZBA that for each and every permitted use under the zoning regulations for the particular district where the property is located the following conditions exist:
(1) 
The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;
(2) 
The alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood;
(3) 
The requested use variance, if granted, will not alter the essential character of the neighborhood; and
(4) 
That the alleged hardship has not been self-created.
C. 
Minimum variance allowable. The ZBA, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proved 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. 
Authorization. An area variance authorizes the use of land that is not allowed by the dimensional or physical requirements set forth in this chapter. An area variance is one that does not involve a use that is otherwise prohibited by this chapter.
B. 
Review criteria. In making its determination, the ZBA 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 the following as required by NYS Town Law:
(1) 
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;
(2) 
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
(3) 
Whether the requested area variance is substantial in relation to the requirement;
(4) 
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
(5) 
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.
C. 
Minimum variance allowable. The ZBA, 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.
A. 
Any person or persons, jointly or severally aggrieved by any decision of the ZBA or other such review body charged with the administration and enforcement of this chapter may apply to the NYS Supreme Court for review by a proceeding under Article 78 of the Civil Practice Laws and Rules.
B. 
Such proceeding shall be instituted within 30 days after the filing of the review body's decision in the office of the Town Clerk.
C. 
Costs shall not be charged to the Town unless it shall appear to the Court that it acted in gross negligence or in bad faith or with malice in making its decision.