Pursuant to the provisions of § 267
of the Town Law, there is hereby established a Board of Appeals consisting
of seven members to be appointed by the Town Board, which Board of
Appeals shall have all the powers and duties prescribed by law and
this chapter. Such powers and duties are summarized and more particularly
specified as follows, provided that none of the following provisions
shall be deemed to limit any power of the Board of Appeals conferred
by the Town Law.
A.
Interpretation. On an appeal from an order, requirement, decision or determination made by an administrative official, or on a request made by an official, board or agency of the Town, such Board of Appeals shall have the power and authority to decide any question involving the interpretation of any provision of this chapter, including the determination of the exact location of any district boundary if uncertainty with respect thereto remains after exhausting the rules specified in § 285-7B of this chapter.
B.
Variance.
(1)
After a public hearing held pursuant to the provisions of § 285-49 of this article, the Board of Appeals shall have the power to hear and decide appeals from and to review any order, requirement, decision or determination made by the Building Inspector, subject to the provisions of § 267 of the Town Law, and, in passing upon appeals, shall have the power, 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 any provisions of this chapter so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. No variance in the strict application of any provision of this chapter shall be granted by the Board of Appeals unless it finds:
(a)
That there are special circumstances or conditions,
fully described in the findings of the Board, applying to the land
or building for which the variance is sought, which circumstances
or conditions are unique to such land or building and do not apply
generally to land or buildings in the neighborhood and have not resulted
from any act of the appellant or applicant subsequent to the adoption
of this chapter, whether in violation of the provisions hereof or
not.
(b)
That for reasons fully set forth in the findings
of the Board, the aforesaid circumstances or conditions are such that
the strict application of the provisions of this chapter would deprive
the appellant or applicant of the reasonable use of such land or building
and the granting of the variance is necessary for the reasonable use
of the land or building and that the variance which is granted by
the Board is the minimum variance that will accomplish this purpose.
(c)
That 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.
(d)
Where the Zoning Board of Appeals grants a use
variance for a use permitted in another district, the area standards
shall be that of the district in which the use is permitted.
(2)
In granting any variance, the Board of Appeals shall
prescribe any appropriate safeguards and conditions applying thereto
that it may deem to be necessary or desirable in the public interest,
and such determination shall be recorded on the building permit or
the certificate of occupancy, as the case may be, issued pursuant
to such variance.
C.
Special permit. Except when specifically delegated in this chapter to the Town Board or the Planning Board, after public hearing held pursuant to the provisions of § 285-49 of this chapter, the Zoning Board of Appeals may grant a special permit for any of the special permit uses listed in Article III, District Regulations and Map, and in any other case set forth in this chapter wherein a special permit is required, provided that such special permit use complies with the general standards set forth below and the special standards enumerated in such schedule as applicable to the particular special permit use in the district specified. An application for such special permit shall be made through the Building Inspector.
[Amended 11-9-2015 by L.L. No. 14-2015]
(1)
General standards.
(a)
Each special permit use shall be of such character,
intensity, size and location that, in general, it will be in harmony
with the orderly development of the district in which the property
concerned is situated and will not be detrimental to the orderly development
of adjacent districts.
(b)
Each special permit use sought in a residence
district shall be so located on the lot involved that it shall not
impair the use, enjoyment and value of adjacent residential properties.
(c)
The nature and intensity of a special permit
use sought in a residence district and the traffic generated by it
shall not be hazardous or detrimental to the prevailing residential
character of the neighborhood.
(d)
Each special permit use in a business district
shall be harmonious with the district in which its location is sought,
shall not create undue pedestrian or vehicular traffic hazards and
shall not include any display of signs, noise, fumes or lights that
will hinder normal development of the district or impair the use,
enjoyment and value of adjacent land and buildings.
(2)
Zoning Board of Appeals may impose further conditions. Upon finding that such general standards and any specific standards set forth in Article III of this chapter have been fully met, the Board of Appeals may grant such special permit and in so doing may impose any conditions that it may deem necessary to accomplish the reasonable application of said standards. The Board may deny any application for a special permit which, in its judgment, is not in accordance with said general or special standards. Said Board may require, as a condition of the granting of any special permit, that it shall be periodically renewed, or said Board may grant a temporary special permit, subject to adequate guaranties that the use covered will be terminated at the end of the period specified or such extension thereof as may be granted by said Board, provided that any such renewal or extension shall be subject to the same procedure as specified herein for the original granting of the special permit involved and in conformity with the aforesaid general and special standards.
(3)
Preexisting uses deemed to be conforming. Any lawful
use existing at the time of the effective date of this chapter or
any amendment thereof, which if newly created under this chapter would
require a special permit in the district in which it is situated,
may be continued and shall be deemed to be a conforming use, but any
modification, change or extension thereof shall be subject to the
granting of a special permit as provided in this chapter.
(4)
Central Avenue Mixed-Use Impact District. This subsection shall not apply to special permit uses within the CA Mixed-Use Impact District. Such special permits shall be issued by the Planning Board and Town Board pursuant to the provisions of § 285-29.1 hereof.
[Amended 4-25-2012 by L.L. No. 3-2012]
The powers and duties of the Zoning Board of
Appeals shall be exercised in accordance with the Rules and Procedures
adopted by the Zoning Board of Appeals or other procedure specified
by Town Law, as well as the following procedure:
A.
Public hearing required. The Board of Appeals shall
hold a public hearing on every appeal and application made to it,
upon public notice published in the official newspaper designated
for that purpose at least five days before the date of such hearing
and upon such other notice as it, by regulation, may require. The
cost of such notice or notices shall be borne by the appellant or
applicant, as the case may be.
B.
Appeals and applications. All appeals and applications
made to the Board of Appeals shall be in writing on forms prescribed
by the Board. Each shall specify the provision of this chapter involved
and shall set forth exactly the decision of the Building Inspector
which is appealed from, the full circumstances or conditions involved
therein, the ruling sought from the Board, the details of any variance
applied for and the grounds on which it is claimed that the same shall
be granted, or the use for which a special permit is sought and full
details thereof.
C.
Decisions of Board of Appeals; recording and filing.
Every decision of the Board of Appeals shall be by resolution, with
the vote thereon recorded on standard forms prescribed by the Board
of Appeals, and shall fully set forth the circumstances of the case
and the findings of the Board on which its decision is based.
D.
Records to be filed. A certified copy of each such
resolution shall be filed within 10 days after adoption thereof, in
the office of the Town Clerk and Building Inspector, by case number
under appropriate headings adopted by the Board of Appeals, together
with all documents pertaining thereto.
