A. 
The Zoning Board of Appeals heretofore established pursuant to the provisions of Town Law shall continue as the Board of Appeals for the Town of Carmel with all the powers prescribed by law and as herein described.
B. 
The Zoning Board of Appeals shall consist of seven members, appointed by the Town Board.
C. 
The Town Board shall designate a member of the Zoning Board to act as Chairperson thereof as well as Vice Chairperson thereof. Upon failure to do so, the Zoning Board shall elect a Chairperson from its own members, who shall serve until such appointment by the Town Board.
D. 
Each member shall be appointed for a term of five years.
E. 
If a vacancy shall occur otherwise than by expiration of term, it shall be filled by the Town Board by appointment for the unexpired term.
F. 
The Town Board shall have the power to remove any member of the Zoning Board of Appeals for cause and after public hearing.
A. 
All meetings of the Zoning Board of Appeals shall be held in accordance with the schedule established by the Town Board during reorganization or at the call of the Chairperson and at such other times as the Board may determine. Such Chairperson or, when absent, the Acting Chairperson may administer oaths and compel the attendance of witnesses. All meetings of such Board shall be open to the public.
B. 
Such Board 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 field examination of properties under consideration by the Board and other official actions. Every rule, regulation, every amendment or repeal thereof and every order, requirement, decision or determination of the Board shall be filed in the office of the Town Clerk and shall be a public record.
The Zoning Board of Appeals shall have all the powers and duties prescribed by Town Law and by this chapter, which are more particularly specified as follows, provided none of the following provisions shall be deemed to limit any power of said Board that is conferred by law:
A. 
The Zoning Board of Appeals shall hear and decide appeals from and review any order, requirement, decision or determination made by an administrative official charged with the enforcement of this chapter and any ordinance adopted pursuant to this chapter. An appeal may be taken by any person aggrieved or by any officer, department, board or bureau of the Town.
B. 
The Zoning Board of Appeals shall have the authority to decide any questions involving the interpretation of any provisions of this chapter.
C. 
The Zoning Board of Appeals shall have the authority to decide the exact location of any district boundary shown on the Town of Carmel Zoning Map.
D. 
Where the strict application of any of the requirements of this chapter in the case of an exceptionally irregular, narrow, shallow or steep lot or other exceptional physical conditions would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved, but in no other case, the Zoning Board of Appeals shall have the power, upon appeal, to vary or adjust the strict application of the regulations or provisions of this chapter. In all cases where the Zoning Board of Appeals authorizes the issuance of a building permit or occupancy permit under any of the above powers, it shall be the duty of said Board to attach such conditions and safeguards as may be required to protect the public health, safety, morals and general welfare.
Every motion or resolution of the Zoning Board of Appeals shall require for its adoption the affirmative vote of a majority of all the members of the Zoning Board of Appeals as fully constituted regardless of vacancies or absences. Where an action is the subject of a referral to the county planning agency referral, the voting provisions of § 239-m of the General Municipal Law shall apply.
A. 
Appeal procedure. All appeals and applications to the Zoning Board of Appeals shall be taken in the manner prescribed by law and must be made within 30 days of the date of the order, requirement, decision or determination complained of. All such appeals and applications shall be in writing, on forms prescribed by the Board. Each appeal or application shall fully set forth the circumstances of the case. Each appeal or application shall refer to the specific provision of this chapter involved and shall exactly set forth, as the case may be, the interpretation that is claimed, the details of the adjustment that is applied for and the grounds for which it is claimed that the same should be granted or the use for which a permit is sought. The officer from whom the appeal is taken shall transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
B. 
Notice and hearing. The Zoning 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 the official paper of a notice of such hearing, at least five days prior to the date thereof. In addition, the Board shall, at least seven days before such hearing, mail notices thereof to all owners of property which lie within 500 feet of the subject site and to other such owners as the Board may deem advisable. Further, the Zoning Board of Appeals may require that signs announcing the public hearing be posted on the site which is the subject of the application in a number set forth by the Zoning Board of Appeals. The applicant shall be responsible for paying for all fees associated with the on-site posting.
C. 
County referral. At least five days before such hearing, the Zoning Board of Appeals shall coordinate its referral as required in accordance with § 239-m of the New York State General Municipal Law, which notice shall be accompanied by a full statement of such proposed action, as defined therein.
D. 
Compliance with SEQRA. The Zoning Board of Appeals shall comply with the provisions of the New York State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations.
E. 
Timeframe for decision. The Board shall decide the same within 62 days after 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. During the hearing, any party may appear in person, by agent or by attorney.
F. 
Decision; filing. The Zoning Board of Appeals may reverse, affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises and to that end shall have all the powers of the officer from whom the appeal is taken. The decision of the Zoning Board of Appeals on the appeal shall be filed in the office of the Town Clerk within five business days after the day such decision is rendered, and a copy thereof mailed to the applicant. Every decision shall be recorded in accordance with standard forms adopted by the Town and shall fully set forth the circumstances of the case and the findings on which the decision was based. Timely notice of all decisions shall be given to all parties to the proceedings.
G. 
Imposition of conditions. The Zoning Board of Appeals shall, in the granting of both 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. Such conditions shall be consistent with the spirit and intent of this zoning chapter and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
H. 
Default denial of appeal. In exercising its appellate jurisdiction only, if an affirmative vote of a majority of all members of the Board is not attained on a motion or resolution to grant a variance or reverse any order, requirement, decision or determination of the enforcement official within the time allowed by subdivision eight of this section, the appeal is denied. The Board may amend the failed motion or resolution and vote on the amended motion or resolution within the time allowed without being subject to the rehearing process as set forth below.
I. 
Rehearing. A motion for the Zoning Board of Appeals to hold a rehearing to review any order, decision or determination of the board not previously reheard may be made by any member of the board. A unanimous vote of all members of the board then present is required for a rehearing to occur. Such rehearing is subject to the same notice provisions as an original hearing. Upon such rehearing the board may reverse, modify or annul its original order, decision or determination upon the unanimous vote of all members then present, provided the board 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.
J. 
Appeal to Supreme Court from decision of Board; time limit for such appeal. Any person or persons, jointly or severally, aggrieved by any decision of the Zoning Board of Appeals or any officer, department, board or bureau of the Town may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules. Such proceeding shall be instituted within 30 days after the filing of a decision in the office of the Town Clerk.
K. 
Use variances.
(1) 
The Zoning Board of Appeals, on appeal from the decision or determination of the administrative official charged with the enforcement of this chapter, shall have the power to grant use variances, as defined herein.
(2) 
No such use variance shall be granted by a Zoning Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant shall demonstrate 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) 
That 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) 
That the requested use variance, if granted, will not alter the essential character of the neighborhood; and
(d) 
That the alleged hardship has not been self-created.
(3) 
The Zoning 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.
L. 
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 this chapter, 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 Zoning Board of Appeals but shall not necessarily preclude the granting of the area variance.
(3) 
The Zoning 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.
Applicants for the issuance of a permit by the Building Inspector for appeals and other applications to the Zoning Board of Appeals shall pay to the Town a fee established annually by the Town Board and on file in the office of the Town Clerk.