Town of Dayton, NY Article XI Zoning Board of Appeals

§ 180-42 Organization and procedure.

Upon the adoption of this chapter, the Town Board, Town of Dayton, pursuant to the provisions of the Town Law applicable thereto, shall appoint a Zoning Board of Appeals consisting of five members. The terms of office shall be five years, excepting that the five members first appointed shall serve for terms of one, two, three, four and five years. Such Board of Appeals, subject to the provisions of Town Law, shall determine its own rules of procedure. The members of the Board of Appeals shall be removable for cause by the appointing authority upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. No member of the Board of Appeals shall hold other elective or appointive offices in the Town government.

§ 180-43 Powers and duties.

With due consideration for the purpose and intent of this Zoning Chapter, the Zoning Board of Appeals shall:

A. Hear and determine appeals from and review any order, requirement, decisions or determination made by the Codes Enforcement Officer charged with the enforcement of this chapter.

B. Hear and decide all matters referred to it, or upon which it is required to pass under this chapter.

C. Hear and pass upon applications for variations when a property owner or his agent shows that a strict application of the terms of this chapter relating to the use, construction or alteration of buildings or structures, or the use of land imposes upon him a particular hardship which is unique to the premises in question but applying generally to other premises in the same district.

D. Hold public hearings and approve or disapprove each application for a special use received in compliance with the provisions of this chapter.

E. Hold public hearings and submit to the Town Board a report and recommendations on each proposed ordinance for the amendment, supplement, change or repeal of this Zoning Chapter as set forth herein.

§ 180-44 Applications and appeals.

A. An application or appeal to the Board of Appeals may be taken by any person affected by any decision of the Codes Enforcement Officer with respect to the zoning provisions of this chapter. The procedure for such application or appeal and the responsibilities of the Board of Appeals in such action shall be as prescribed in the applicable sections of the Town Law of New York State.

B. A fee in the amount of $35 shall be chargeable and shall accompany all applications or petitions of appeal.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 180-45 Special use permits.

A. The Zoning Board of Appeals may issue a special use permit for any of the special uses listed in § 180-17 of this chapter, provided such special use complies with the general standards set forth in this section and with the special requirements enumerated elsewhere herein. Application for special use permits shall be made to the Zoning Board of Appeals through the and shall be accompanied by an application for the necessary zoning permit, the prescribed fees and such preliminary plans and lot layouts as the Codes Enforcement Officer may deem necessary. Public hearing and notice requirements shall be followed as set forth in Town Law § 274-b.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. General standards.

(1) A special use permit shall only be granted when the proposed use is of such character, size and location that in general it will be in harmony with the orderly development of the district in which the property is situated and will not be detrimental to the orderly development of adjacent districts.

(2) A permit for a special use in a Residential District shall only be granted when it is clearly obvious that the special use will not impair the use, enjoyment and value of adjacent residential properties and that any vehicular traffic generated therewith will not be hazardous or otherwise detrimental to the prevailing residential character of the neighborhood.

(3) A permit for a special use in a Commercial or Industrial District shall only be granted when it is clearly obvious that such use will be harmonious with the district in which its location is sought and will not create undue pedestrian or vehicular traffic hazards or any display of signs, noise, fumes or lights that will hinder the normal development of the district or impair the use, enjoyment and value of adjacent land and buildings.

C. Upon finding that such general standards and the special standards and the special standards set forth herein have been fully met, the Board of Appeals may issue such special use permit and in so doing may impose any conditions that it may deem necessary to accomplish the reasonable application of said standards. Furthermore, it may deny any such application which in its judgment is not in accordance with said general or special standards.

D. Said Board may require, as a condition of the issuance of any special use permit, that it shall be periodically renewed, or said Board may issue a temporary special use permit subject to adequate guaranties that the use covered will be terminated at the end of the period specified or such renewal or extension shall be subject to the same procedure as specified herein for the original issuance of the special use permit involved and shall be in conformity with aforesaid general and special standards.

§ 180-46 Variances.

[Added 10-21-1983 by L.L. No. 2-1983]

A. Issuance authorized. The Board of Appeals may issue a variance for any use of structure (use variance) or area (area variance) in the Town of Dayton, provided such variance complies with the general standards set forth in this section and with the special requirements enumerated elsewhere herein. Application for variances shall be made to the Zoning Board of Appeals through the Codes Enforcement Officer and shall be accompanied by all material needed to verify the claim.

B. General standards.

(1) Each case must be determined on its own merits. Unnecessary hardships and practical difficulties are the determining factors for the authorization of a use variance and an area variance, respectively. The Board of Appeals shall apply the criteria and conditions set forth in Town Law § 267-b.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(2) In addition, variances in the F-1 and F-2 Districts require the following criteria:

(a) The danger that materials may be swept onto other lands to the injury of others.

(b) The danger to life and property due to flooding or erosion damage.

(c) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

(d) The importance of the services provided by the proposed facility to the community.

(e) The necessity to the facility of a waterfront location, where applicable.

(f) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use.

(g) The compatibility of the proposed use with existing and anticipated development.

(h) The relationship of the proposed use to the Comprehensive Plan and Floodplain Management Program for that area.

(i) The safety of access to the property in times of flood for ordinary and emergency vehicles.

(j) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.

(k) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.