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 provision of the 1964 Zoning Ordinance of the Town of Cazenovia, New York,[1] 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 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.
[1]
Editor's Note: See Ch. 165, Zoning.
An appeal to the Board must be taken within 60 days after written notice of the order, requirement, decision or determination of the Enforcement Officer has been served upon the applicant in cases of applications for permits or upon the owner of the subject property in all other cases. 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 such applicant at his address as set forth upon his application or to such owner as his address appears on the latest completed assessment roll of the Town of Cazenovia.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
An appeal or application to the Board is taken by filing with the Secretary, at least 15 days prior to the regular meeting of the Board, five copies of the appeal or application and by filing one copy thereof with the Enforcement Officer.
An appeal or application must be in writing, verified, and contain or include the following:
A. 
Name and address of the petitioner and his relationship to the subject property, i.e., whether he is owner, lessee, etc.
B. 
Legal description of subject property and its street address, if any.
C. 
Zone in which the subject property is located.
D. 
What permit, determination, ruling, interpretation or variance is sought, setting forth the articles and sections of said ordinance under which the appeal or application is submitted.
E. 
A plot plan showing the dimensions of the subject property and the location and dimensions of the existing and proposed buildings and structures.
F. 
Descriptions of the proposed use and of the exterior construction and appearance of the proposed buildings and structures.
G. 
Whether or not an application has been made to the Enforcement Officer and the date and nature of the disposition made by him.
H. 
Grounds of the appeal or application.
I. 
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 500 feet, exclusive of street rights-of-way, of the exterior boundaries of such property.
Each appeal or application shall be accompanied by a fee as set by the Town Board at the annual reorganization meeting which shall be used to defray the costs of publication and stenographic minutes. Any portion of such fee not actually expended shall be refunded to the petitioner. However, if any additional fees are necessary, the cost must be borne by the applicant.