No zoning permit or certificate of occupancy shall be issued by the Zoning Enforcement Officer, and no permit or license for any purpose shall be issued by any official of the Town of Catskill, if the same would be in conflict with the provisions of this chapter.
No building or structure shall be erected, added to or structurally altered until a permit therefor has been issued by the Zoning Enforcement Officer in accordance with the provisions of this chapter.
All applications for zoning permits shall be accompanied by two copies of a plot plan, drawn to scale and accurately dimensioned, showing the location of all existing and proposed buildings and structures on the lot, an application fee in accordance with the Schedule of Fees as promulgated by the Town Board of Catskill, New York, and such other information as may be required by the Zoning Enforcement Officer to determine compliance with this chapter. One copy of such plans, when approved by the Zoning Enforcement Officer, shall be returned to the applicant.
Editor's Note: The Schedule of Fees is on file in the Town offices.
No land shall be used or occupied and no building or structure hereafter erected, altered or extended shall be used or changed in use until a certificate of occupancy shall have been issued by the Zoning Enforcement Officer in accordance with the provisions of this chapter.
All certificates of occupancy for new or altered buildings or structures shall be applied for coincident with the application for a zoning permit. Such certificate of occupancy shall be issued within 10 days after the erection or alteration shall have been approved as complying with the provisions of this chapter.
A Zoning Board of Appeals is hereby created in accordance with § 267 of the Town Law of the State of New York. Said Board shall consist of five members. The officers of the Board shall consist of a Chairman, Acting Chairman and Secretary. The Zoning Board of Appeals shall prescribe rules for the conduct of its affairs.
Powers and duties. The Zoning Board of Appeals shall have all the powers and duties prescribed by this chapter which are more particularly specified as follows:
Interpretation. Upon appeal from a decision by an administrative official, to decide any question involving the interpretation of any provision of this chapter, including the determination of the exact location of any district boundary if there is uncertainty with respect thereto.
An "area variance" shall mean the authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or topographical requirements of the applicable zoning regulations.
The Zoning Board of Appeals shall balance the interests of the applicant and those of the neighborhood or community. The Board of Appeals must consider the following five factors:
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;
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
Whether the requested area variance is substantial;
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
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.
In granting an area variance, the Zoning Board of Appeals shall grant the minimum variance that it shall deem necessary and adequate and at the same time protect the character of the neighborhood and the health, safety and welfare of the community.
A "use variance" shall mean the authorization by the Zoning Board of Appeals for the use of land in a manner or for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.
No such use variance shall be granted by the 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 to the Board of Appeals that for each and every permitted use under the zoning regulations for the particular district where the property is located:
The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;
The alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood;
The requested use variance, if granted, will not alter the essential character of the neighborhood; and
The alleged hardship has not been self-created.
Imposition of conditions. The Zoning Board of Appeals shall, in 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 chapter, and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
Application to the Zoning Board of Appeals.
Appeals from decisions made by the Zoning Enforcement Officer shall be filed with the Zoning Enforcement Officer and the Secretary of the Zoning Board of Appeals, in writing, within 30 days of the date of the action specifying the grounds thereof.
All applications for variances shall be filed with the Secretary of the Zoning Board of Appeals, in writing, shall be made in a form required by the Board and shall be accompanied by payment of a filing fee of $25 and a plot plan, drawn to scale and accurately dimensioned, showing the location of all existing and proposed buildings and structures on the lot.
Decisions of the Zoning Board of Appeals shall be in writing and shall specify the particular conditions for such approval or the grounds for denial.
The Zoning Board of Appeals shall hold a public hearing on all appeals or applications within 62 days of the filing of a complete and proper appeal or application. The Board shall fix a reasonable time for the hearing and give public notice of such hearing by publication in a paper of general circulation in the Town at least five days prior to the date thereof. The costs of sending or publishing any notices relating to such appeal shall be borne by the appealing party and shall be paid to the Board prior to the hearing of such appeal. Upon the hearing, any party may appear in person or by agent or attorney. The Board shall render its final decision within 62 days after the conduct of said public 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.
The decision of the Board of Appeals 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.