Pursuant to the provisions of the Town Law applicable
thereto, there is hereby established a Board of Appeals of seven members
to be appointed by the Town Board.
A.Â
The Board of Appeals, consistent with the provisions
of the Town Law applicable thereto, shall determine its own rules
of conduct and procedure. A majority of the Board shall constitute
a quorum which is required to be present in the conduct of its hearings,
and in acting upon all matters, the concurrence of a majority of the
Board is required.
B.Â
The Zoning Board of Appeals, in its discretion, may
request that the Town Planning Board submit an advisory opinion on
pending appeals. Such requests shall be made in a manner that does
not interfere with timely review.
[Amended 10-13-1986 by L.L. No. 3-1986]
C.Â
Every decision after public hearing 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
or another of the following headings: Interpretations, and Use and
Area Variances. The Board of Appeals shall notify the Town Board and
the Planning Board of each variance granted under the provisions of
this chapter and shall also notify all parties involved of its decision
and reasons therefor. The Board of Appeals shall keep adequate written
records of all public hearings and considerations, including a record
of the vote on all decisions.
A.Â
Interpretation. Upon appeal from a decision by the
Zoning Officer, the Board of Appeals shall decide any questions involving
the interpretation of any provision of this chapter, including determination
of the exact location of any district boundary if there is uncertainty
with respect thereto.
B.Â
Review. The Board of Appeals shall hear and decide
appeals from and review any order, requirement, decision or determination
made by the Zoning Officer.
C.Â
Area variances.
(1)Â
Except as otherwise provided herein, where there are
practical difficulties in the way of carrying out the strict letter
of this chapter pertaining to area regulations, the Zoning Board of
Appeals shall have the power, in passing upon appeals, to vary or
modify yard requirements, setback lines, lot coverage, frontage requirements,
height requirements, and density regulations.
(2)Â
When considering requests for area variances, the
Zoning Board of Appeals shall employ the following considerations
to determine practical difficulty:
(a)Â
How substantial the variation requested is in
relation to the requirement(s) of this chapter.
(b)Â
Whether a substantial change will be produced
in the character of the neighborhood or a substantial detriment to
adjoining properties will be created.
(c)Â
Whether the difficulty can be obviated by some
method, feasible for the applicant to pursue, other than a variance.
(d)Â
Whether, in view of the manner in which the
difficulty arose and considering all of the above considerations,
the interests of justice will be served by allowing the variance.
(3)Â
In granting an area variance the Zoning Board of Appeals
shall grant only the minimum relief necessary to allow reasonable
use of the lot in question.
D.Â
Use variances.
(1)Â
Except as otherwise provided herein, when the literal
application of this chapter pertaining to use of land will result
in unnecessary hardship, the Zoning Board of Appeals shall have the
power in passing upon appeals to vary the use requirements of this
chapter.
(2)Â
When considering requests for use variances, the Zoning
Board of Appeals shall be guided by the following:
(a)Â
The land in question cannot yield a reasonable
return if used only for a purpose allowed in the zoning district in
which it is located. The applicant must show that he is suffering
a hardship because of the zoning regulations; that his property cannot
be put to a permitted use that will provide a "reasonable" return
under normal conditions. Proof of a more profitable return if the
variance is granted is not in itself evidence of hardship.
(b)Â
The modification or use to be authorized will
not alter the essential character of the area. The proposed modification
of the property must not materially change the essential character
or quality of the neighborhood and the spirit of this chapter will
be preserved.
(4)Â
The Zoning Board of Appeals may, in granting a use
variance, impose special conditions deemed necessary and reasonable
to maintain neighborhood character and protect adjacent properties.
A.Â
Prior to taking action on any matter which would cause
any change in the regulations or use of land or building on real property
as specified in § 239-m of the General Municipal Law, the Zoning
Board of Appeals shall refer such matter to the County Planning Board.
B.Â
If, within 30 days after such referral, the County
Planning Board disapproves the proposal or recommends modification
thereof, the Zoning Board of Appeals shall not act contrary to such
disapproval or recommendation except by a majority vote plus one of
all the members thereof and after the adoption of a resolution fully
setting forth the reasons for such contrary action.
C.Â
If the County Planning Board fails to report within
such thirty-day period or such longer time period as may have been
agreed upon, the Zoning Board of Appeals may act without such report.
Decisions by the Zoning Board of Appeals shall
be made not later than 35 days from the date of public hearing.
[Amended 5-14-2007 by L.L. No. 1-2007]
Applications to the Zoning Board of Appeals
for an area or use variance shall be accompanied by a fee of $150.
