A.
The Town Board shall appoint a Board of Appeals pursuant to § 267
of the Town Law. Said Board shall consist of five members, to serve
for overlapping five-year terms. The Chairman of the Board shall be
one of the five members and shall be designated as such by the Town
Board. Vacancies shall be filled in like manner; provided, however,
that an unexpired term shall be filled for such unexpired term only.
The Board shall elect a Vice Chairman from its membership, shall appoint
a Secretary and shall establish rules for the conduct of its officers.
B.
The Board of Appeals shall have the power to make, adopt and promulgate
such written rules of procedure, bylaws and forms as may be provided
for in § 267 of the Town Law for the proper execution of
its duties and to secure the intent of this chapter. Such rules, bylaws
and forms shall not be in conflict with or have the effect of waiving
any provisions of this chapter or any other ordinances of the Town
of Oneonta. Such rules, bylaws and forms and any subsequent amendments
or supplements thereto shall be submitted to the Town Board by the
Board of Appeals for approval and filing for public view. The Town
Board shall move to approve, reject or modify such rules, bylaws and
forms within 60 days after submission. Failure of the Town Board to
so move shall be construed to constitute approval thereof.
[Amended 2-12-1992 by L.L. No. 5-1992; 6-10-1992 by L.L. No.
6-1992]
A.
The Board of Appeals shall act in strict accordance with the procedure
specified by law. All appeals and applications made to the Board shall
be in writing, on forms prescribed by the Board. Every appeal or application
shall refer to the specific provision of the law 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 the grounds on which it is claimed that the
variance should be granted, as the case may be. Each application for
an area or use variance or special extension shall be accompanied
by a proposed site plan at an appropriate scale showing the size and
placement of the lot, surrounding land use, design and location of
proposed buildings, driveways, parking areas, landscaping and screening,
proposed drainage and utility systems and existing and proposed contours
of the land.
B.
Every decision of the Board of Appeals shall be by resolution, each
of which shall contain a full record of the findings of the Board
in the particular case. Each such resolution, together with all documents
pertaining thereto, shall be filed in the office of the Town Clerk
by case number under one of the following headings: "Interpretations,"
"Variance" or "Special Extension."
C.
Prior to making a final decision on a specific variance or special
extension, the Board of Appeals shall fix a reasonable time for the
hearing of the appeal or other matter referred to and give public
notice of such hearing at least 10 days prior to the date hereof.
At least 10 days before such hearing, the applicant shall serve the
notice of such hearing and an explanation of the variance or special
extension sought to all property owners within 200 feet of the subject
property either by certified mail, return receipt requested, or by
personal delivery evidenced by a receipt signed by such property owner.
Such notices shall be sent to the last known address as shown by the
most recent town tax records. A decision on the application shall
be made no later than at the second regular meeting of the Zoning
Board of Appeals after acceptance by the Board of the application
or appeal to be considered or within 75 days of the receipt of the
application by the town, whichever is sooner, unless extended by mutual
decision of the applicant and Board or unless any delay is requested
by the applicant. The Board's failure to comply with either of the
above two deadlines shall constitute approval of the application or
appeal. Upon the hearing, any party may appeal in person or by agent
or by attorney. The Board of Appeals may reverse or affirm, wholly
or partly, or may modify the order, requirement, decision or determination
appealed from and shall make such order, requirement, decision or
determination as in its opinion ought to be made in the premises and
to that end shall have all the powers of the officer from whom the
appeal is taken.
[Amended 11-9-1994 by L.L. No. 11-1994; 2-13-2002 by L.L. No.
1-2002]
D.
The Board of Appeals shall notify the Town Board, Enforcement Officer
and Planning Board of each special extension and interpretation and
each variance granted under the provisions of this chapter.
E.
Any person or persons, jointly or severally aggrieved by any decision
of the Planning Board concerning such plat or the changing of the
zoning regulations of such land or any officer, department, board
or bureau of the Town may have the decision reviewed by a Special
Term of the Supreme Court in the manner provided by Article 78 of
the Civil Practice Law and Rules, provided that the proceeding is
commenced within 30 days after the filing of the decision in the office
of the Board. Commencement of the proceeding shall stay proceedings
upon the decision appealed from.
F.
Any applicant to whom a variance is granted pursuant to this Article
shall have six months from the date of the decision issuing the variance
to utilize the variance granted. In the event that the variance is
not utilized by the applicant within said six-month period, the variance
shall lapse and be deemed null and void. For purposes of this subsection,
"utilized" shall mean to commence the project or undertaking for which
the variance application was made as shown on the application submitted
to the Board of Appeals.
[Added 8-11-1993 by L.L. No. 4-1993]
[Amended 9-14-1983; 6-10-1992 by L.L. No. 6-1992]
The Board of Appeals shall exercise all the powers and duties
in a manner now and hereafter prescribed by law and is conferred with
the duties and responsibilities as set forth in §§ 267,
267-a, 267-b and 267-c of the Town Law of the State of New York.
