A Board of Appeals is hereby created. Said Board
shall consist of five members appointed by the Town Board who shall
also designate a Chairman. No person who is a member of the Town Board
shall be eligible for membership on such Board of Appeals. Of the
members of the Board first appointed, one shall hold office for the
term of one year, one for the term of two years, one for the term
of three years, one for the term of four years and one for the term
of five years from and after his appointment. Their successors shall
be appointed for the term of five years from and after the expiration
of the terms of their predecessors in office. If a vacancy shall occur
otherwise than by expiration of term, it shall be filled by the Town
Board by appointment for the unexpired term.
The Board of Appeals shall have all the powers
and duties prescribed by Article 16 of the Town Law and by this chapter,
which are more particularly specified as follows:
A. Interpretation. Upon appeal from a decision by an
administration official, to decide any question involving the interpretation
of any provision of the chapter, including determination of the exact
location of any district boundary if there is uncertainty with respect
thereto.
B. Special and temporary use permits. To hear and decide
upon applications for such permits as specified in this chapter.
C. Variances. To vary or adapt the strict application
of any of the requirements of this chapter in the case of exceptionally
irregular, narrow, shallow or steep lots or other exceptional physical
conditions, whereby such strict application would result in practical
difficulty or unnecessary hardship that would deprive the owner of
the reasonable use of the land or building involved but in no other
case. No variance in the strict application of this chapter shall
be granted by the Board of Appeals unless it finds that:
(1) There are special circumstances or conditions, fully
described in the findings of the Board applying to such land or buildings
and not applying generally to land or buildings in the neighborhood,
and that said circumstances or conditions are such that strict application
of the provisions of this chapter would deprive the applicant of the
reasonable use of such land or buildings.
(2) For reasons fully set forth in the findings of the
Board, the granting of the variance is necessary for the reasonable
use of the land or building and that the variance as granted by the
Board is the minimum variance that will accomplish this purpose.
(3) The granting of the variance will be in harmony with
the general purpose and intent of this chapter and will not be injurious
to the neighborhood or otherwise detrimental to the public welfare.
In granting any variance, the Board of Appeals shall prescribe any
conditions that it deems to be necessary or desirable.
[Amended 9-8-2005 by L.L. No. 3-2005]
The Board of Appeals shall act in strict accordance
with the procedure specified by law and by this chapter. All appeals
and applications made to the Board shall be in writing, on forms prescribed
by the Board and available from the Code Enforcement Officer. Every
appeal or application shall refer to the specific provision of this
chapter involved and shall exactly set forth the interpretation that
is claimed, the use for which the special permit is sought or the
details of the variance that is applied for and grounds on which it
is claimed that the variance should be granted, as the case may be.
The Board shall have the authority to call upon any department, agency
or employee of the Town for assistance in making its decision, as
it sees fit.
The office of the Town Clerk shall be the office
of the Board of Appeals, and every rule, regulation, amendment or
repeal thereof and every order, requirement, decision or determination
of the Board shall immediately be filed in said office as required
by § 267-a of the Town Law.
[Amended 8-21-2003 by L.L. No. 2-2003]
A. The Board shall fix a reasonable time, not to exceed
62 days, for the hearing of appeals and permit requests and shall
give due notice of the time set for the hearing to the applicant.
Such notice shall be served upon the applicant.
B. The Zoning Board of Appeals or Planning Board shall
fix a time and place for a public hearing thereon and shall provide
for the giving of notice as follows:
(1) A notice shall be published in the official newspaper
of the Town at least five days prior to the date thereof;
(2) The Building and Zoning Department shall mail a copy
of such notice thereof to the applicant and a copy of such notice
to all agencies, municipalities, authorities, etc. as prescribed in
§ 267-a of the Town Law and § 239-n of the General
Municipal Law;
(3) The applicant shall be requested to erect a sign or
signs giving notice of such public hearing and the purpose thereof,
which sign(s) shall be prominently displayed on the premises perpendicular
to each public street or road on which the property abuts or as the
Board may determine otherwise no sign permit shall be required. The
sign(s) shall be furnished to the applicant for this purpose by the
Building and Zoning Department and shall be set back 15 feet from
the property line and shall not be less than two nor more than six
feet above the grade of said property line unless otherwise directed
by the Board in order to provide for maximum visibility. Said sign
shall be displayed for a period of not less than 10 days immediately
preceding the public hearing date or any adjourned date thereof. The
applicant shall file with the Clerk of the Zoning Board of Appeals,
no less than three days prior to the public hearing, an affidavit
regarding compliance with the provisions of this section and that
the sign(s) will be removed from the premises and returned to the
Building and Zoning Department within three days after the close of
such public hearing. The Town Clerk shall collect from the applicant
a fee as currently fixed by the Town Board in the fee schedule, as
deposit per sign, which sum shall be refunded to the applicant upon
the return of said signs in good condition.