In order that the objectives of this chapter
may be more fully and equitably achieved and a means for competent
interpretation of this chapter provided, there is established a Zoning
Board of Appeals for the Town of Brutus.
The Zoning Board of Appeals shall consist of
five members appointed by the Town Board for overlapping five-year
terms.
[Amended 4-9-2007 by L.L. No. 2-2007; 5-11-2015 by L.L. No. 1-2015]
Upon filing with the Planning Board of an application
for a special permit or the Zoning Board of Appeals of an application
for a variance or appeal from alleged error of the Zoning Officer,
the Planning Board or Zoning Board of Appeals shall fix a reasonable
time and place for a public hearing and give notice as follows:
A. At least five days prior to the date fixed for the
public hearing, publish a notice in the official newspaper describing
the location of the building or lot and the general nature of the
question involved. At least 10 days before such hearing, the Planning
Board or Zoning Board of Appeals shall mail notices thereof to the
parties, to the Planning Board (in the case of a hearing by the Zoning
Board of Appeals) and to the regional New York State Park Commission
having jurisdiction over any state park, parkway or thruway within
500 feet of the property affected by such appeal.
B. Give written notice to parties in interest, who shall
be at least those persons whose properties adjoin or are across public
roads from the property in question.
C. Co-location of a telecommunications facility on an
existing tower or structure shall not be subject to the requirement
to conduct a public hearing, unless such co-location shall result
in an increase in the total height of the tower or structure to which
it is to be co-located.
The Zoning Board of Appeals shall hear and decide
appeals, where it is alleged there is an error in any order, requirement,
decision or determination, including any order requiring an alleged
violator to stop, cease and desist, made by the Zoning Officer in
the enforcement of this chapter.
In exercising the above-mentioned powers, the
Zoning Board of Appeals may, in conformity with the provisions of
this chapter, reverse or affirm, wholly or partly, or may modify the
order, requirement, decision or determination, including a stop order
or orders to cease and desist, as ought to be made. Notice of such
decision shall forthwith be given to all parties of interest.
Appeals to the Zoning Board of Appeals may be
taken by any person or Town official aggrieved or affected by any
provision of this chapter or by any decision including any order to
stop, cease and desist issued by the Zoning Officer in enforcing the
provisions of this chapter.
Appeals and applications before the Zoning Board
of Appeals shall be accompanied by a payment to the Town of Brutus
in accordance with a fee schedule adopted by resolution of the Town
Board upon enactment of this chapter, or as such schedule may be amended
by resolution of the Town Board.