A Board of Appeals is hereby created as provided
by law.
[Added 5-16-2000 by L.L. No. 10-2000]
The Town Board may appoint not more than two
alternate members of the Zoning Board of Appeals. Each such alternate
member shall attend meetings of the Zoning Board of Appeals and participate
in its deliberations but shall vote only in the event that a member
of the Zoning Board of Appeals is absent or otherwise unable to act
with respect to a particular matter. When acting pursuant to the Zoning
Board of Appeals authority provided hereby, such alternate member
shall have all of the rights and privileges of a member of the Zoning
Board of Appeals. The term of appointment of said alternates shall
be as authorized by the Town Board under a duly adopted resolution.
This section is adopted pursuant to the authority granted by § 10,
Subdivision 1(e)(3), of the Municipal Home Rule Law and shall supersede
any provision of the Town Law which is inconsistent herewith.
The Board of Appeals shall have all the powers
and duties prescribed by law and by this chapter, which powers and
duties are summarized and more particularly specified as follows,
provided that none of the following subsections shall be deemed to
limit any of the powers of the Board of Appeals that is conferred
by general law:
A. Interpretation. On appeal from an order, requirement, decision or determination made by an administrative official, or on request from any official or agency of the Town, the Board of Appeals shall decide any question involving the interpretation of any provision of this chapter, including determination of the exact reference to the rules specified in §
300-7.
B. Variance of adjustment. 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 Board of Appeals shall
have the power, upon appeal, to vary or adjust the strict application
of the regulations or provisions of this chapter. No adjustment in
the strict application of any provisions of this chapter shall be
granted by the Board of Appeals unless it finds:
(1) That there are special circumstances or conditions,
fully described in the findings of the Board of Appeals, applying
to the building or land for which the adjustment is sought, which
circumstances or conditions are peculiar to such land or building
and do not apply generally to land or buildings in the neighborhood.
(2) That, for reasons fully set forth in the findings
of the Board, the aforesaid circumstances or conditions are such that
the particular application of the regulations of this chapter would
deprive the applicant of the reasonable use of such land or building
and the granting of the adjustment is necessary for the reasonable
use of the land or building, and that the adjustment as granted by
the Board is the minimum adjustment that will accomplish the purpose.
(3) That the granting of the adjustment will be in harmony
with the general purposes and intent of this chapter and of the Town
Development Plan, if such exists, and will not be injurious to the
neighborhood or otherwise detrimental to the public welfare.
C. Permits for special uses. In accordance with Article
VII, the Board of Appeals, Planning Board or Town Board, as provided for herein, may authorize the issuance of permits for special uses in districts in which such uses are permitted.
[Amended 6-18-1995 by L.L. No. 7-1985]
D. Conditions and safeguards. In all cases where the
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.
Any person or persons, jointly or severally,
aggrieved by any decision of the Board of Appeals or any officer,
department, board or bureau of the Town may apply to the Supreme Court
for relief in the manner provided for by law.