[Amended 4-3-1980 by L.L. No. 1-1980]
Pursuant to the provisions of the Town Law applicable
thereto, there is hereby established a Board of Appeals of seven members
to be appointed by the Town Board, which shall also designate the
Chair thereof, each member to serve for a term of five years. Vacancies
occurring in said Board shall be filled in a like manner for the unexpired
term. Members of the Board of Appeals and the Chair thereof heretofore
appointed and designated by the Town Board shall continue to hold
office during the term for which appointed and until his or her successor
is appointed.
[Amended 2-12-1987 by L.L. No. 1-1987; 12-15-1998 by L.L. No. 8-1998]
A. General powers and duties. The Board of Appeals shall
possess all the powers and perform all the duties conferred by statute
and by this chapter or any amendments thereto. The Board of Appeals,
consistent with the provisions of the Town Law applicable thereto,
shall determine its own rules of conduct and procedure.
B. Review. The Board of Appeals shall hear and decide
appeals and review any order, requirement, decision or determination
made by the Building Inspector pursuant to this chapter and in accordance
with its rules of procedure.
C. Interpretation. Upon appeal from a decision, the Board
of Appeals may decide questions involving the interpretation of this
chapter.
D. Special and temporary use permits.
(1) Wherever a special or temporary use permit is required
under the provisions of the chapter, the Board of Appeals may, upon
determination that the purposes of this chapter will be served and
after due public notice and public hearing and subject to appropriate
conditions and safeguards, grant a special or temporary use permit.
The same procedure shall follow as provided by law in relation to
an application for a variance.
(2) Any special or temporary use permit granted under
the provisions of this subsection shall become null and void unless
exercised within one year from the date when the decision of the Board
granting said special or temporary permit becomes final, either by
expiration of the time for review of the same by a court or by the
final judgment of the court in the case of court review. However,
the time to exercise said permit may be extended, for good cause shown,
upon written application to the Director of Planning and Zoning made
prior to the expiration of the time limit. The Director of Planning
and Zoning, upon 30 days' notice to the Board which granted the original
approval of said permit, may extend the time to exercise said permit
for successive periods not to exceed six months each.
E. Variances.
(1) The Board of Appeals shall have the power to grant
variances in accordance with the provisions of § 267 of
the Town Law, as amended or changed.
(2) Any variance granted under the provisions of this
subsection shall become null and void, unless a building permit is
obtained and work is commenced within one, year from the date when
the decision of the Board of Appeals becomes final, either by expiration
of the time for review of the same by a court or by the final judgment
of the court in the case of court review. However, the time to obtain
a building permit and/or to commence work may be extended, for good
cause shown, upon written application to the Director of Development
Services made prior to the expiration of the time limit. The Director
of Development Services may extend the time to obtain a permit and/or
commence work for successive periods not to exceed six months each.