The purpose of this chapter is to assist in the enforcement
of the Property Maintenance Code of the New York State Uniform Fire
Prevention and Building Code (hereafter referred to as the "State
Property Maintenance Code") and, pursuant to the authority granted
to the Town of Ithaca by Town Law Article 16 of the State of New York
and Executive Law Article 18 of the State of New York, to promote
the general health, safety and welfare of the residents of the Town
of Ithaca, protect the value of real property in the Town of Ithaca,
and promote and perpetuate the attractive appearance of neighborhoods
in the community, by requiring proper maintenance of real property
within the Town of Ithaca. This legislation is intended to expressly
supersede the provisions of New York Town Law §§ 274-a
(4), 268, and 282 pursuant to the provisions of the Municipal Home
Rule Law of the State of New York, specifically, but not exclusively,
in relation to the jurisdiction of the Zoning Board of Appeals, including
by expanding such jurisdiction to determine matters related to New
York Town Law Article 16, even if not enacted wholly pursuant to the
authority of said Town Law Article 16.
The Zoning Board of Appeals established pursuant to Chapter
270, Zoning, of the Town of Ithaca Code may grant variances from the application of this chapter upon the following conditions:
A. Any variance shall be prospective in its application and shall not
relieve any person from the fines and penalties for violating this
chapter by conditions that existed prior to the granting of the variance.
B. An application for a variance shall be submitted to the Building
and Code Enforcement Department in a form substantially indicating
the name and owner of the real property, the nature of the condition
for which a variance waiver is sought, and the reasons for which a
variance is sought.
C. The applicant shall pay the Town the same fee as that set from time
to time by Town Board resolution for appeals to the Zoning Board of
Appeals for area variances from zoning requirements.
D. The Zoning Board of Appeals shall hold a public hearing on the application and shall publish legal notice of said public hearing at least five days prior to its date. The Zoning Board of Appeals notice of said application shall also be given to all landowners owning property adjoining the property for which a variance is sought. The Zoning Board of Appeals notice that a variance is sought shall also be posted on the property in accordance with the posting provisions of §
270-237 of the Town of Ithaca Code.
E. The Zoning Board of Appeals may grant a variance if it determines
that the benefit to the applicant, if the variance is granted, outweighs
the detriment to the health, safety and welfare of the neighborhood
or community by such grant. In making such determination the Board
may consider, among other matters:
(1) 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 variance;
(2) Whether the benefits sought by the applicant can be achieved by some
method, feasible for the applicant to pursue, other than a variance;
(3) Whether the requested variance is substantial;
(4) Whether the requested variance will have an adverse effect or impact
on the physical or environmental conditions in the neighborhood or
zoning district;
(5) Whether the alleged difficulty was self-created, which consideration
shall be relevant to the decision of the Zoning Board of Appeals but
shall not necessarily preclude the granting of the variance;
(6) Whether the compliance order can or will substantially interfere
with the use or enjoyment of the real property;
(7) Whether granting the variance would be in keeping with the intent
and spirit of this chapter and is in the best interests of the community;
and
(8) Whether there are special circumstances involved in the particular
case, and such circumstances are recited in the minutes.
F. The Zoning Board of Appeals, if it chooses to grant the variance,
shall grant the minimum degree of variance as it shall deem necessary
and adequate and at the same time preserve and protect the character
of the neighborhood and the health, safety, and welfare of the community.
G. The Zoning Board of Appeals shall, in the granting of such variance,
have the authority to impose such reasonable conditions and restrictions
as are directly related to and incidental to the proposed use of the
property and/or the period of time such variance shall be in effect.
Such conditions may include a time limit on the variance, including
a time variance related to the occupancy of the premises by the applicant.
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.
H. All procedures relating to applications for, hearings upon, determinations upon, and all other related procedural matters pertaining to variances, shall be in accordance with the procedures outlined for area variances in New York Town Law Article 16 and Chapter
270 of the Town of Ithaca Code, except to the extent expressly provided otherwise herein or superseded hereby. To the extent not so provided, any other procedure shall be administratively adopted by the Zoning Board of Appeals, approved by the Town Board, and published in the official Minutes of the Town Board of the Town of Ithaca.
I. The actions and determinations of the Town of Ithaca, the Zoning
Board of Appeals, the Town Board, and the Code Enforcement Officer,
as referenced in this chapter, shall be deemed final determinations
for purposes of Article 78 of the New York Civil Practice Laws and
Rules (CPLR). Notwithstanding this, standing under said Article 78
of the CPLR shall only be appropriate after the exhaustion of any
administrative reviews and/or appeals as provided for in this chapter.