The Zoning Board of Appeals shall consist of
five members, all residents of the Town of Cortlandville, to be appointed
by the Town Board for terms of five years in staggered terms. One
member shall be designated by the Town Board to serve as Chairman.
If a vacancy shall occur, the Town Board shall appoint a successor
who shall serve for the unexpired portion of the term of his predecessor.
The Zoning Board of Appeals shall have all the
duties and powers conferred upon it by law and this chapter, including
certain duties and powers as follows:
A.
To hear and decide appeals from and review any order,
requirement, decision or determination made by the Zoning Officer
charged with the enforcement of this chapter, and to revise or affirm,
wholly or partly, or modify such order, requirement, decision or determination
making such order, requirement, or determination as ought to be made
under the law and this chapter.
B.
Upon said appeals, where there are practical difficulties
or unnecessary hardships in the way of carrying out the strict letter
of this chapter, to vary or modify the application of any of the regulations
or provisions of this chapter relating to the use, construction or
alteration of buildings or structures, or the use of land, so that
the spirit of this chapter shall be observed, public safety and welfare
secured and substantial justice done.
[Amended 12-16-2009 by L.L. No. 3-2009]
Application to the Code Enforcement Officer
for any building permit or certificate of zoning compliance authorized
by resolution of the Zoning Board of Appeals under which a permit
or variance is granted shall be made within 60 days from the date
the resolution is filed with the Town Clerk.
A.
The Zoning Board of Appeals shall strictly comply
with the requirements of law and this chapter as to hearings, notice
and procedure. It shall prescribe such supplemental rules of procedure
as it deems advisable. Each appeal or application made to the Zoning
Board of Appeals shall be in writing and shall refer to the specific
provision involved, setting forth exactly the interpretation that
is claimed, the use for which the permit is sought, or the details
of the variance that is applied for, and the grounds upon which it
is based.
B.
Every decision of the Zoning Board of Appeals shall
be by resolution which sets forth the findings of the Board in the
particular case. Each such resolution, together with all the documents
pertaining thereto, shall be filed in the office of the Town Clerk
under one of the headings as follows:
C.
The Zoning Board of Appeals shall notify the Zoning
Officer of each variance granted and of each interpretation made under
the provisions of this chapter.
D.
With each application for a variance, a fee shall
be paid as set forth from time to time by Town Board resolution.
[Added 4-1-1987 by L.L. No. 4-1987;
amended 8-5-1998 by L.L. No. 2-1998]
[Amended 8-5-1998 by L.L. No. 2-1998; 12-16-2009 by L.L. No.
3-2009]
The Zoning Officer shall give notice of any
application made under the provisions of this article by mailing,
at least five days prior to the hearing upon such application, post
card notices of the substance of the application and the date, time
and place of the hearing to all owners of land which immediately adjoins
the premises for which said application is made or which abuts the
same street or streets as said premises and is within a distance of
300 feet, exclusive of street rights-of-way, of the exterior boundaries
of the said premises, as the names and addresses of said owners appear
on the last completed assessment roll of the town, but failure to
comply with this section shall not invalidate any action taken by
the Zoning Board of Appeals.
