[Amended 2-24-1997 by L.L. No. 2-1997]
A Zoning Board of Appeals shall consist of five
members, in accordance with state law. The Town Board shall appoint
the members of the Zoning Board of Appeals and designate the chairperson.
In the absence of a chairperson, the Zoning Board of Appeals may designate
a member to serve as acting chairperson.
[Amended 2-24-1997 by L.L. No. 2-1997]
[Amended 2-24-1997 by L.L. No. 2-1997]
A.
Applications for interpretations or variances shall
be made in writing on the appropriate form. Every application shall
refer to the specific provisions of the Zoning Law and shall set forth
the interpretation claimed or details of the variance applied for
and the grounds upon which it is claimed that the variance should
be granted, together with a layout sketch. Four copies of each application
shall be submitted to the Zoning Enforcement Officer, who shall review
the application for completeness prior to forwarding it to the Zoning
Board of Appeals and the Town Clerk. One copy shall be retained by
the Zoning Enforcement Officer.
B.
A public hearing shall be held by the Zoning Board
of Appeals before acting on any application for an interpretation
or a variance. When necessary under § 239-m of the General
Municipal Law, the Zoning Board of Appeals shall forward the application
to the County Planning Board for its review. The Zoning Board of Appeals
shall send, by regular mail, a copy of the notice of hearing to all
owners of property situated within 250 feet of the property which
is the subject of the application at least 10 days before the date
of the hearing. The Zoning Board of Appeals shall issue a decision
within 62 days of the date of the hearing unless extended by mutual
consent of the applicant and the Board.
C.
Every Zoning Board of Appeals decision shall be by
resolution, which shall contain a full statement of the findings in
the case, and shall be recorded in the minutes.[1]
[1]
Editor's Note: Original Sections 304 to 307,
which immediately followed this section, were repealed 2-24-1997 by
L.L. No. 2-1997.
A.
Use variances. A use variance is one which permits
a use of land which is prohibited by the zoning regulations. A finding
of unnecessary hardship is required to properly grant a use variance.
Self-created hardships and economic hardships shall not constitute
"unnecessary hardships" as used herein.
(1)
Use variance standards: unnecessary hardship. Before
the Zoning Board of Appeals may exercise its discretion and grant
use variance on the grounds of unnecessary hardship, the records must
address each of the following four criteria:
(2)
Criteria for use variances.
(a)
The land in question cannot yield a reasonable
return if used only for a purpose allowed in that zone.
(b)
The plight of the owner is due to unique circumstances
and not to the general conditions of the neighborhood which may reflect
the unreasonableness of the Zoning Law itself.
(c)
The use to be authorized by the variance will
not alter the essential character of the locality.
(d)
The use to be authorized by the variance will
not be contradictory or detrimental to the spirit and intent of the
Zoning Law.
B.
Area variances. An area variance is one which does
not involve a use which is prohibited by the Zoning Law. A finding
of practical difficulty is required to properly grant an area variance.
(1)
Area variance standards: practical difficulty. Before
a Zoning Board of Appeals may exercise its discretion and grant an
area variance on the grounds of practical difficulty, the record must
address each of five criteria. The Zoning Board of Appeals determines
practical difficulty by determining the need, the harm, and alternative
solutions by considering the five criteria below:
(2)
Criteria for area variances.
(a)
How substantial the variance is in relation
to the zoning requirement.
[Amended 6-24-1985 by L.L. No. 3-1985]
(b)
The effect of increased population density or
land use intensity on available government facilities.
(c)
Whether a substantial change will be produced
in the character of the neighborhood, or whether a substantial detriment
to adjoining properties will be created.
(d)
Whether the difficulty can be eliminated by
some other method other than a variance which is feasible for the
applicant to pursue.
(e)
Whether, in view of the manner in which the
difficulty arose and in consideration of the above factors, the interest
of justice will be served by allowing the variance.
