A.
The Town of Stillwater has created a Zoning Board
of Appeals pursuant to § 267 of the Town Law. Such 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. The Town Board
shall appoint the members and the Chairperson of the Zoning Board
of Appeals. The Zoning Board of Appeals shall elect a Vice-Chairman
from its membership and shall establish rules for the conduct of its
offices.
B.
The Zoning 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 ordinance, law or regulation of the Town of Stillwater.
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 may approve,
reject or modify such rules or bylaws within 60 days of submission.
If modified by the Town Board, such modified rules or bylaws shall
be in effect. If rejected, it shall be the Zoning Board of Appeals'
responsibility to submit new or revised rules and bylaws for approval.
C.
The Zoning Board of Appeals shall have the duties,
rights powers and functions conferred upon it by § 267 of
the Town Law and any other provisions of law applicable thereto, including
the following.
A.
The Zoning Board of Appeals shall act in strict accordance with the procedures specified in this chapter and the Town Law. All appeals and applications made to the Zoning Board of Appeals 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 grounds for extension of a nonconforming use, or the grounds for a use or area variance, as the case may be. Each application for a use or area variance or extension of a nonconforming use shall be accompanied by a proposed site plan, at an appropriate scale, meeting the requirements for a site plan submission in Article VI of this chapter. The Zoning Board of Appeals may waive or vary submission requirements as it sees fit.
B.
Each application to the Zoning Board of Appeals for
a variance or extension of a nonconforming use shall be accompanied
by a fee as set by the Town Board. Applications for interpretations
shall not require a fee.
C.
Every decision by the Zoning Board of Appeals shall
be by resolution, each of which shall contain a full record of the
findings of the Zoning Board of Appeals in the particular case. Each
such resolution, together with all documents pertaining thereto, shall
be filed promptly in the office of the Town Clerk by the Secretary
of the Zoning Board of Appeals, by case number, under one of the following
headings: use variance, area variance, extension of nonconforming
use, or interpretation.
D.
Prior to making a final decision on a variance, interpretation
or extension of a nonconforming use, the Zoning Board of Appeals shall
fix a reasonable time for the hearing of the appeal or other matter
referred to it and give public notice thereof by publication in the
official paper of a notice of such hearing, at least 10 days prior
to the date thereof, and shall, at least five days before such hearing,
mail or hand-deliver, at the discretion of the Code Enforcement Officer,
notice thereof to the parties, and shall decide the same within 60
days after the final hearing. Upon the hearing, any party may appear
in person or by agent or by attorney. The Zoning Board of Appeals
may reverse or affirm, wholly or partly, or may modify the order,
requirement, decision, or determination appealed from as, in its opinion,
ought to be made in the premises and to that end shall have all powers
of the officer from whom the appeal is taken.
E.
At least 30 days before the date of public hearing
held in connection with any application for a variance or the extension
of a nonconforming use, the Zoning Board of Appeals may, at its discretion,
transmit to the Planning Board a copy of said application and by such
transmittal request that the Planning Board submit to the Zoning Board
of Appeals its advisory opinion on said application. The Planning
Board shall submit a report of such advisory opinion prior to the
date of said public hearing. The failure of the Planning Board to
submit such report shall be interpreted as a "no recommendation" opinion
by the Planning Board.
F.
The Zoning Board of Appeals shall notify the Town
Board, Code Enforcement Officer and Planning Board of each variance,
extension of a nonconforming use and interpretation granted under
the provisions of this chapter.
The Zoning Board of Appeals shall exercise all
the powers and duties in a manner now and hereafter prescribed by
law, including the following.
A.
Interpretation. On direct appeal from a determination
of the Code Enforcement Officer, the Zoning Board of Appeals may hear
and decide questions where it is alleged there is an error in any
order, requirement, decision or determination made by the Code Enforcement
Officer involving the interpretation of any provision of this chapter.
Prior to taking final action, the Zoning Board of Appeals may, at
its discretion, submit an application for interpretation to the Planning
Board for its recommendation. Failure of the Planning Board to reply
within 30 days after receipt of the application will be construed
as its having no recommendation to submit in regard to the interpretation.
B.
Use and area variances. The Zoning Board of Appeals, on appeal from the decision or determination of the Code Enforcement Officer, shall have the power to grant use and area variances. The procedure and criteria for review of use and area variances are found in Article XV of this chapter.
C.
Extension of a nonconforming use. On direct application,
or supplementing an application to the Code Enforcement Officer for
a building permit, certificate of occupancy or zoning permit, the
Zoning Board of Appeals may grant a permit for the expansion or extension
of a nonconforming use.
