[Amended 2-24-1997 by L.L. No. 2-1997]
A Zoning Board of Appeals shall consist of five
members, in accordance with state law. The Town Board shall appoint
the members of the Zoning Board of Appeals and designate the chairperson.
In the absence of a chairperson, the Zoning Board of Appeals may designate
a member to serve as acting chairperson.
[Amended 2-24-1997 by L.L. No. 2-1997]
A. Interpretation. Upon appeal from a decision, to decide
questions involving interpretation of any provision of the Zoning
Law.
B. Variances. Granting of variances based upon unnecessary hardship or practical difficulty, as set forth in §
475-17.
[Amended 2-24-1997 by L.L. No. 2-1997]
A. Applications for interpretations or variances shall
be made in writing on the appropriate form. Every application shall
refer to the specific provisions of the Zoning Law and shall set forth
the interpretation claimed or details of the variance applied for
and the grounds upon which it is claimed that the variance should
be granted, together with a layout sketch. Four copies of each application
shall be submitted to the Zoning Enforcement Officer, who shall review
the application for completeness prior to forwarding it to the Zoning
Board of Appeals and the Town Clerk. One copy shall be retained by
the Zoning Enforcement Officer.
B. A public hearing shall be held by the Zoning Board
of Appeals before acting on any application for an interpretation
or a variance. When necessary under § 239-m of the General
Municipal Law, the Zoning Board of Appeals shall forward the application
to the County Planning Board for its review. The Zoning Board of Appeals
shall send, by regular mail, a copy of the notice of hearing to all
owners of property situated within 250 feet of the property which
is the subject of the application at least 10 days before the date
of the hearing. The Zoning Board of Appeals shall issue a decision
within 62 days of the date of the hearing unless extended by mutual
consent of the applicant and the Board.
C. Every Zoning Board of Appeals decision shall be by
resolution, which shall contain a full statement of the findings in
the case, and shall be recorded in the minutes.