The jurisdiction of the Board is both original
and appellate. In its original jurisdiction, it determines matters
which are referred directly to it by specific provisions of the 2007
Zoning Ordinance of the Town of DeWitt, New York, and applications may
be made directly to the Board in the first instance. In its appellate
jurisdiction, it reviews orders, requirements, decisions or determinations
made under said ordinance as amended by the Enforcement Officer and
may, in proper circumstances, grant variances, and in all such cases,
an application must first be made to and/or action taken by the Enforcement
Officer. The Board has power to grant variances only as part of its
appellate jurisdiction.
An appeal to the Board may be taken only within
30 days following service of written notice of the order, requirement,
decision or determination of the Enforcement Officer upon the applicant
for a permit or upon the owner of the subject property. Such service
may be personal or by mail, and service by mail shall be deemed complete
upon mailing of the notice in a sealed, postpaid envelope addressed
to the applicant at his address as set forth upon his application
or to the owner as his address appears on the latest completed assessment
roll of the Town of DeWitt.
A complete application for a variance, special
permit or interpretation shall be submitted to the DD&O for review and, if complete, filed with the Town Clerk,
who shall schedule the application for hearing at the first available
meeting of the Board if the completed application is submitted on
or before the last Monday of the month preceding a meeting. Upon filing
the application, the Clerk shall, as soon as practicable, transmit
copies thereof to the Attorney for the Board and, where required by
law, the Onondaga County Planning Agency. Copies of each appeal to
be heard by the Board of Appeals shall be mailed to each Board member
not less than five days prior to the meeting at which it is to be
heard.
A complete application shall consist of copies
signed by the petitioner and owner of all pertinent materials as specified
by the DD&O and contain or include the information summarized
below:
A. A completed Zoning Board of Appeals Application Form.
B. A full, current survey of the subject property(s)
with appropriate references, notes, location map and certifications.
C. A scaled, accurate site plan and architectural plans
showing the dimensions of the subject property and location and dimensions
of the existing and proposed buildings, structures and improvements
as needed to convey the intended changes.
D. A description of the intended use and of the proposed
improvements or modification to the property.
E. The names and addresses of all owners of land which
immediately adjoins the subject property or which abuts the same street
or streets as such property and is within 300 feet, exclusive of the
street right-of-way of the exterior boundaries of such property.
F. Short or long State Environmental Quality Review Act
(SEQRA) form.
G. Appropriate fees (see Chapter
15 of the Town Code).
An appeal or application must be in writing,
signed by the petitioner or owner, and contain or include the following:
A. The name and address of the petitioner and his relationship
to the subject property, i.e., whether he is owner, lessee, etc.