A.
No action shall be taken by the Zoning Board of Appeals
to issue a special use permit under this chapter until after public notice
and hearing. Proper notice of a hearing before a Board shall be given by legal
notice in the official newspaper of the Town of Williamson at least 10 days
before the date set for a public hearing and written notice shall be mailed
to the applicant or his agent at the address given in the application to be
considered. The applicant shall be responsible for notifying, by first class
mail, all property owners within 1,500 feet of the property line of the parcel
on which a new tower is proposed of the time, date and place of such public
hearing at least 10 days prior to such hearing. Notice shall be deemed to
have been given if mailed to the property owner at the tax billing address
listed on the property records of the Town Assessor or at the property address.
At least seven days prior to such hearing, the applicant shall file with the
Board his/her affidavit of mailing such notices. Failure to receive such notice
shall not be deemed a jurisdictional defect.
B.
To facilitate the possibility of shared use or collocation,
the applicant shall also provide intermunicipal notification for new towers
by notifying, in writing, the legislative body of towns bordering the Town
of Williamson. Similar notice shall be given to the County Planning Board.
The intermunicipal notification shall include the proposed location of the
new tower and a brief general description of the facility, including the height
of the tower and its capacity for future shared use. Documentation of this
notification shall be submitted at the time of application.
A.
Application for any variance from the provisions of this chapter shall be made to the Zoning Board of Appeals and considered under § 178-47 of Chapter 178. A use variance may be granted, after public hearing, only upon establishment of public necessity in that the use variance is required to render safe and adequate service and that there are compelling reasons, economic or otherwise, which make the site more feasible for the proposed use than alternative sites as might be provided or available. An area variance may be granted upon the Zoning Board of Appeals taking into consideration the benefit to the applicant if the variance is granted as weighed against the detriment to the health, safety and welfare of the neighborhood or community.
B.
The Zoning Board of Appeals, in its consideration of both use variances and area variances, shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property and/or the period of time such variance shall be in effect. Such conditions shall be consistent with the spirit and intent of this chapter and Chapter 178 and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
[Amended 10-12-1999 by L.L.
No. 1-1999]
Fees for applications and permits under this chapter shall be established
by resolution of the Williamson Town Board.
