A.
Organization.
(1)
There shall be a Zoning Board of Appeals (ZBA), and
said ZBA shall consist of five members. The method of appointment,
terms of office and tenure of its members shall be as prescribed by
law.
(2)
The ZBA shall have all the powers and duties prescribed
by law and by this chapter.
(3)
The ZBA shall appoint a Secretary and shall prescribe
rules for the conduct of its affairs.
(4)
All meetings of the ZBA shall be open to the public
to the extent provided in Article 7 of the Public Officers Law. A
quorum shall consist of three members.
(5)
Every decision by the ZBA shall be by resolution and
shall contain a full record of the findings of the ZBA in the particular
case.
(6)
The concurring vote of a majority of all the members
of the ZBA shall be necessary to reverse any order, requirement, decision
or determination of the Building Inspector or other administrative
official or to decide in favor of the applicant any matter upon which
it is required to pass under this chapter or to approve a variance
from this chapter.
B.
Procedures.
(1)
Application for any action by the ZBA shall be made
directly to the Secretary of the ZBA in the form required by the ZBA.
(2)
To be considered complete, an application must consist
of:
(a)
A completed, signed application form with any
required attachments.
(b)
A copy of the order, requirement, decision or
determination appealed from, if applicable.
(d)
All fees as prescribed in the schedule of fees
adopted by resolution of the Town Board to cover all review costs,
including but not limited to filing fees, engineering fees, legal
fees, planning fees and hearing notice fees. Fees shall not be required
on any application of the Building Inspector, Planning Board or Town
Board.
[Amended 8-14-1986 by L.L. No. 5-1986]
(3)
Upon receipt of a complete application, the ZBA shall,
by motion duly adopted, fix a reasonable time for a public hearing
on the application and shall provide for the giving of notice, at
least 10 days prior to the date thereof, as follows:
(a)
By publishing a notice in the official newspaper.
(b)
By mailing a notice by certified mail, return
receipt requested, to the parties involved in the appeal or other
matter referred to it.
(c)
By mailing a notice by certified mail, return
receipt requested, to the regional state park commission having jurisdiction
of any state park or parkway within 500 feet of the property involved
in an appeal.
(d)
By mailing a notice by certified mail, return
receipt requested, to the Clerk of any other municipality whose boundary
is within 500 feet of the property which is the subject of the application.
(e)
By requiring the applicant to serve notice of
the date, time, place and substance of the hearing by certified mail,
return receipt requested, on all property owners within 200 feet of
the property which is the subject of the application and to furnish
proof of compliance with this notification requirement.
(f)
By providing such other notice as may be required
by Article 12-B of the General Municipal Law or other applicable law.
No action shall be taken on applications referred to the Orange County
Planning Department until the Department's recommendation has been
received or until 30 days have elapsed after the Department received
the notice, whichever is earlier.
(4)
The ZBA shall render a decision on the application
within 60 days after the public hearing is closed, unless the time
to render a decision is extended by mutual consent of the ZBA and
the applicant.
(5)
A variance approval shall be valid for one year commencing with the
date the ZBA approves the variance. If the ZBA approves a variance
subject to conditions, then the one-year time period shall commence
upon approval of the conditional variance, and not upon compliance
with the conditions. If the applicant has commenced and diligently
prosecuted construction, or the use has been commenced and continued,
within that initial one-year period, then a single one-year extension
of the variance approval will be granted by the ZBA if the extension
is requested and the approval extension fee is paid prior to expiration
of that initial one-year period, and if the ZBA determines that there
has been no significant change in circumstances since the date of
the approval. Otherwise, the variance approval shall expire one year
after the date the ZBA granted the approval, and the applicant must
apply for a new variance and comply with all applicable requirements
of this chapter and other laws and regulations. If an applicant is
granted a one-year extension of approval, then the variance approval
shall expire two years after the date the ZBA granted the approval,
unless the Building Inspector determines that the applicant possesses
vested rights in the approval. No certificate of occupancy will be
issued if the variance approval has expired.
[Amended 10-21-2010 by L.L. No. 1-2010]
A.
The ZBA shall have the power, in passing upon appeals
where there are practical difficulties or unnecessary hardships in
the way of carrying out the strict letter of this chapter, to vary
or modify the application of the regulations or provisions of this
chapter, subject to the general standards and guiding principles set
forth in this section.
B.
General standards. For every variance from the strict
application of any provision of this chapter, the ZBA shall determine
the following:
(1)
That strict application of this chapter would cause
practical difficulties or unnecessary hardships that, under the circumstances,
would deprive the applicant of the reasonable use of such land or
buildings.
(2)
That such practical difficulties or unnecessary hardships
are unique and are not shared by all properties in the vicinity.
(3)
That such variance is the minimum variance that will
relieve such practical difficulties or unnecessary hardships.
(4)
That such variance is in the spirit of the general purposes and intent of this chapter as stated in Article I.
(5)
That such variance is so designed as to provide reasonable
consideration to, among other things, the character of the neighborhood
or district, the conservation of property values in the vicinity and
the guidance of building development in accordance with the Comprehensive
Development Plan of the Town.
(6)
That such variance does not involve substantial detriment
to the public safety or welfare.
C.
Guiding principles.
(1)
Every decision by the ZBA granting a variance shall
clearly set forth the nature and extent of such variance.
(2)
Every variance granted by the ZBA may be made subject
to conditions and safeguards as the ZBA shall deem applicable to the
particular case. Violations of such conditions or safeguards as are
a part of the Board's decision shall be deemed a violation of this
chapter.
(3)
Any variance granted by the ZBA pursuant to the provisions
of this section shall be construed to be a nonconforming use.
(4)
The needs or desires of a particular owner or tenant
or of a particular prospective owner or tenant shall not, either alone
or in conjunction with other factors, afford any basis for the granting
of a variance. The fact that the improvements already existing at
the time of the application are old, obsolete, outmoded or in disrepair
or the fact that the property is then unimproved shall not be deemed
to make the plight of the property unique or to contribute to any
claimed uniqueness.
The ZBA is hereby authorized, upon an appeal,
to hear and decide:
A.
Any matter where an appellant alleges that the Building
Inspector was in error in refusing to issue a building permit or certificate
of occupancy, as a result of misinterpreting the meaning, intent or
application of any section or part of this chapter.
C.
Any other matter relating to this chapter where an
appellant seeks a review of any decision, order or ruling made by
the Building Inspector.
D.
Any matter which the Building Inspector, Planning
Board or Town Board appeals on grounds of doubt as to the meaning
or intent of any provision of this chapter or as to the location of
a district boundary line on the Zoning Map.
