The Zoning Board of Appeals shall hear and decide
all appeals from decisions of the Code Enforcement Officer and all
referrals for area variances from the Planning Board. Said Board shall
be organized and shall conduct its activities in accordance with the
provisions of Town Law § 267 as the same exists or may from
time to time be amended.
A.
The Zoning Board of Appeals is vested with exclusive
jurisdiction to hear and decide appeals involving any interpretation
of the Zoning Law or issues related thereto, including but not limited
to district boundaries, extent of nonconforming uses, language employed
or other similar matters. In addition, the Zoning Board of Appeals
is vested with exclusive jurisdiction to hear and decide all appeals
or applications for variances from the provisions of the Zoning Law,
including both use and area variances.
B.
In exercising its powers, the Zoning Board of Appeals
shall have all of the powers set forth in Town Law § 267.
C.
Limitations on variances. A variance shall become null and void one
year after the date on which it was issued, unless a building permit
or certificate of occupancy is obtained and maintained. Where a violation
of this chapter has been cited against the property which is the subject
of the variance, the Zoning Board of Appeals may establish a shorter
time limitation based on the nature and severity of the violation,
taking into consideration the practical ability of the applicant to
correct the violation in light of weather conditions, construction
issues or other relevant factors.
[Added 7-24-2013 by L.L. No. 7-2013]
