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, 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.
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.
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.