No action shall be taken by the Town Board to issue a special use permit, by the Planning Board to issue preliminary site plan approval nor the Zoning Board of Appeals to grant use and area variances until after public notice and hearing. Proper notice of a hearing before a board shall be given by legal notice published in the official newspaper of the Town of Webster at least five days before the date set for a public hearing and written notice mailed to the applicant or his agent at the address given in the application to be considered. The applicant shall be responsible for notifying by first class mail all property owners of record within 300 feet of the outside perimeter or boundary line of property involved in the preliminary application of the time, date and place of such public hearing by mail least 10 days prior to such hearing. Notice shall be deemed to have been given if mailed to the property owner at the tax billing address listed on the property records of the Town Assessor or at the property address. At least seven days prior to such hearing the applicant shall file with the board his/her affidavit of mailing such notices. Failure to receive such notice shall not be deemed a jurisdictional defect.
Use variances. Application for any use variance from the provisions of § 95-9 shall be made to the Town of Webster Zoning Board of Appeals. A use variance may be granted, after public hearing, only upon the establishment of public necessity in that the use variance is required to render safe and adequate service and that there are compelling reasons, economic or otherwise, which make the site more feasible for the proposed use than alternative sites as might be provided or available.
Area variances. Application for any area variance where the requirements of the provisions of § 95-10 cannot be met shall be made to the Town Board if a special use permit is required by § 95-11, and an application for any other area variance where the requirements of any other provision of this chapter cannot be met shall be made to the Webster Zoning Board of Appeals. An area variance may be granted, after public hearing, upon the Town Board and Zoning Board of Appeals taking into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community. The Town Board and Zoning Board of Appeals shall consider:
Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by 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 Town Board or Zoning Board of Appeals, but shall not necessarily preclude the granting of the area variance. The Town Board and Zoning Board of Appeals, in its consideration of area variances, shall grant only the minimum variance that 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.
Imposition of conditions. The Town Board, in its consideration of an area variance, and the Zoning Board of Appeals, in its consideration of both use variances and area variances, shall 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 shall be consistent with the spirit and intent of the zoning ordinance or local law and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
Editor's Note: See Ch. 225, Zoning.
Any violation of this chapter or of any order, requirement decision or determination issued by the Commissioner of Public Works, his/her agent or designee pursuant to this chapter is hereby declared to be an offense punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, upon conviction for a first offense; upon conviction for a second offense, both of which offenses were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon a conviction for a third or subsequent offense, all of which offenses were committed within a period of five years, punishable by a fine of not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter or any order, requirement, decision or determination issued by the Commissioner of Public Works, his/her agent or designee, pursuant to this chapter, shall be deemed misdemeanors, and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each day (twenty-four-hour period) of violation shall constitute a separate violation of this chapter.
In addition to the penalties provided above, the Town Board may also maintain an action or proceeding to prevent, correct or restrain any violation of this chapter.
Fees for applications and permits under this chapter shall be established by resolution of the Webster Town Board.
Should any section, paragraph, sentence, clause, word, part or provision of this chapter be declared void, invalid or unenforceable for any reason, such declaration shall not affect the validity of any other part of this chapter which can be given effect without the part(s) declared void, invalid or unenforceable.
This chapter shall take effect on January 1, 1997.