[Amended 12-4-1991 by L.L. No. 2-1991; 9-4-1996 by L.L. No. 3-1996]
A Board of Appeals consisting of five members, as constituted
and empowered under § 267 of Article 16 of the Town Law,
shall be established. Vacancies occurring in such Board shall be filled
in accordance with the Town Law. The Board of Appeals shall have all
the powers and perform all the duties prescribed by statute and by
this chapter.
A.
Appellate jurisdiction.
(1)
Appeals for interpretation. The Board of Appeals shall hear and decide
appeals where it is alleged that there is an error or misinterpretation
in any order, requirement, decision or determination by any administrative
official of the Town of North Collins charged with the enforcement
of the provisions of this chapter. The Board of Appeals may reverse,
modify or affirm, in whole or in part, any such appealed order, requirement,
decision or determination appealed from and may make such order, requirement,
decision or determination as, in its opinion, ought to be made in
strictly applying and interpreting the provisions of this chapter
and for such purposes shall have all the powers of the officer from
whom the appeal is taken.
(2)
Appeals for variances.
(a)
On an appeal from an order, requirement, decision or determination
of any administrative official charged with the enforcement of this
chapter, where it is alleged by the appellant that there are practical
difficulties or unnecessary hardship in the way of carrying out the
strict application of any provision of this chapter, the Board of
Appeals may grant a use or area variance in the strict application
of such provisions in accordance with Town Law § 267-b.[1]
(b)
The following types of cases shall be construed as eligible
for consideration within the meaning of this chapter:
[1]
Unusual size or shape of lot: where, by reason of exceptional
narrowness, shallowness or shape of a specific piece of property at
the time of the effective date of this chapter or by reason of exceptional
topographic conditions or other exceptional physical difficulties
in the development of such piece of property, the literal enforcement
of the requirements of this chapter pertaining to yards or other space
relationships would result in peculiar practical difficulties or exceptional
undue hardship upon the owner of such property. No use variance shall
be granted in such case, in accordance with the provisions of § 267-b
of the Town Law.
[Amended 12-4-1991 by L.L. No. 2-1991[2]]
[2]
Adjacent nonconforming uses:
[a]
Where, adjacent to a lot on both sides in the case
of an interior lot or on both the side and rear of the lot or on all
other corners of an intersection in the case of a corner lot, there
are buildings or uses which do not conform to regulations prescribed
in this chapter for the zoning district in which said lot is located.
[b]
In considering such appeal, the Board of Appeals
shall give due regard to the nature and conditions of all adjacent
uses and structures; and in granting any such appeal, the Board of
Appeals may impose special requirements and conditions for the protection
of conforming uses and the ultimate removal of nonconforming uses
and structures. In any case, the variance as to the use or uses permitted
on any lot, whether principal or accessory, shall not allow a use
or combination of uses more intensive or less restricted than any
use which is legally existing on the premises immediately adjacent
on either side of said lot or of premises on any other corner of the
intersection in the case of a corner lot.
[3]
Nonconforming building:
[a]
Where, because the principal building on any premises was originally lawfully erected and intended for a principal use which would now be a nonconforming use in the zoning district in which located and the right to continue or reestablish such nonconforming use in such building is denied by the provisions of Article X of this chapter, the literal enforcement of such provisions would result in peculiar and exceptional practical difficulties or exceptional and undue hardship upon the owner of such property.
[b]
In considering such appeal, the Board of Appeals
shall give due regard to the age and condition of such building and
its adaptability for or convertibility to a conforming use. In approving
any such appeal, the Board of Appeals shall specify the time limit
during which such grant of a variance shall be effective, which time
limit shall in no case exceed the estimated useful life of such building.
In case the building has been condemned by the Code Enforcement Officer
and ordered to be demolished, the Board of Appeals shall not grant
any such appeal.
(3)
In granting a variance, the Board of Appeals may vary or modify the
provisions of this chapter so that the spirit of the law shall be
observed, public safety secured and substantial justice done. Toward
this end, the Board of Appeals may prescribe such conditions or restrictions
as it may deem necessary. Such conditions or restrictions shall be
incorporated into the building permit and the certificate of zoning
compliance.
B.
Original jurisdiction.
(1)
General provisions.
(a)
The Board of Appeals shall hear and decide, in accordance with
the provisions of this chapter, all applications for special permits
or for modifications of provisions of this chapter in all such cases
upon which the Board of Appeals is specifically authorized to pass
or to make any other determination required by this chapter.
(b)
In authorizing any specified special permit or specified modification
or in making any required determination all required findings shall
be made, and, in the case of special permits or modifications, the
Board of Appeals may prescribe appropriate conditions to minimize
adverse effects on the character of the surrounding area and to safeguard
the public health, safety, convenience or general welfare.
(c)
No special permit or modification of the provisions of this
chapter shall be authorized by the Board of Appeals unless, in addition
to other findings specified in this chapter, it finds that such special
permit or modification:
[1]
Will be in harmony with the general purposes and intent of this
chapter.
[2]
Will not tend to depreciate the value of adjacent property.
[3]
Will not create a hazard to health, safety or the general welfare.
[4]
Will not alter the essential character of the neighborhood nor
be detrimental to the residents thereof.
[5]
Will not otherwise be detrimental to the public convenience
and welfare.
(2)
Special permits.
(a)
Temporary structures or uses. The Board of Appeals may authorize
a temporary and revocable permit, for not more than two years, for
uses or structures that do not conform with the regulations of this
chapter for the district in which they are located, provided that
the following findings are made:
(b)
Permitted temporary structures or uses, extension of time limit.
The Board of Appeals may authorize the continuation of temporary structures
or uses incidental to construction work, provided that the following
findings are made:
(c)
Accessory business signs and institutional signs.
[1]
The Board of Appeals may authorize one nonflashing business
sign which identifies a group of stores or a shopping center and one
nonflashing church or school bulletin board or other identification
sign, provided that the following findings are made:
(3)
Modification of regulations.
(a)
Reduction of parking spaces for places of assembly. The Board
of Appeals may authorize a reduction of not more than 50% in the number
of required off-street parking spaces for places of assembly when
located on the same lot with other uses, provided that the following
findings are made: that, in accordance with times of operation and
times of peak demand, there will be no conflict in the joint use of
such off-street parking spaces.
(b)
Reduction of parking spaces where public off-street parking
facilities are available. Where public off-street parking facilities
are available, other than parking provided for a public building,
the Board of Appeals may reduce on a pro rata basis the parking requirements
for all uses within 600 feet of any boundary of such public parking
facility.
(c)
Exception from exterior side yard requirement. The Board of
Appeals may modify the exterior side yard requirements for principal
buildings on deep corner lots, provided that the following findings
are made:
(d)
Exception from fence height limitations. The Board of Appeals
may permit a fence up to eight feet in height in any rear yard, not
a front yard equivalent, or in any side yard, not a required side
yard, provided that such fence is at least 10 feet from any property
line and that the following findings are made:
A.
General provisions. The Board of Appeals, consistent with law and
ordinance, may adopt rules of conduct and procedure.
B.
Filing appeals. An appeal to the Board of Appeals from any ruling
of any administrative officer charged with the enforcement of this
chapter may be taken by any officer, department or board of the Town.
Such appeal shall be taken, within such time as shall be prescribed
by the Board by general rule, by filing with the officer from whom
the appeal is taken and with the Board of Appeals a notice of appeal,
specifying the grounds thereof. The officer from whom the appeal is
taken shall forthwith transmit to the Board all the papers constituting
the record upon which the action appealed from was taken.
C.
Filing applications. An application for any matter upon which the
Board of Appeals is required to pass may be made to the Code Enforcement
Officer by the owner, the tenant of the property or a duly authorized
agent for which such appeal or application is sought.
D.
Meetings, witnesses and records.
(1)
Meetings of the Board shall be held at the call of the Chairman and
at such other times as the Board of Appeals may determine. All meetings
shall be open to the public.
(2)
The Chairman of the Board of Appeals or, in his absence, the Acting
Chairman may administer oaths and compel the attendance of witnesses.
(3)
The Board of Appeals shall keep minutes of its proceedings showing
the vote of each member upon every question or, if absent or failing
to vote, indicating such fact and shall keep records of its examinations
and other official actions. Every rule or regulation, every amendment
or repeal thereof and every order, requirement, decision or determination
of the Board of Appeals shall immediately be filed in the office of
the Town Clerk and shall be a public record.
E.
Stay of proceedings. Any appeal to the Board of Appeals shall stay
all proceedings in furtherance of the action appealed from, except
as otherwise provided in Subdivision 6 of § 267-a of Article
16 of the Town Law.[1]
F.
Public hearing and rehearing.[2]
(1)
The Board of Appeals shall fix a reasonable time for a hearing of
an appeal, applications for special permits or modifications of regulations
or other matters referred to it and shall give public notice thereof
in accordance with the provisions of Subdivision 7 of § 267-a
of Article 16 of the Town Law.
(2)
There shall be no rehearing of an appeal or application by the Board
of Appeals, except in accordance with Subdivision 12 of § 267-a
of Article 16 of the Town Law.
G.
Decisions of the Board of Appeals.
(1)
The concurring vote of a majority of the members of the Board of
Appeals shall be necessary to reverse any order, requirement, decision
or determination of the Code Enforcement Officer or to decide in favor
of the applicant on any matter upon which it is required to pass under
this chapter or to effect any variation in this chapter.
(2)
Every decision of the Board of Appeals shall be by resolution. Where
findings are required, the decision shall set forth each required
finding, supported by substantial evidence or other data considered
by the Board of Appeals in each specific case; or, in the case of
denial, the decision shall include the findings which are not satisfied.
H.
Violation of conditions or restrictions. Failure to comply with any
condition or restriction prescribed by the Board of Appeals in approving
any appeal for a variance or application for a special permit or a
modification of regulations shall constitute a violation. Such violation
may constitute the basis for revocation of a variance, special permit
or modification or for penalties and other applicable remedies.
I.
Lapse of authorization. Any variance, special permit or modification
of regulations authorized by the Board of Appeals shall be automatically
revoked unless a building permit conforming to all conditions and
requirements established by the Board of Appeals is obtained within
six months of the date of approval by the Board of Appeals and construction
is commenced within one year of such date of approval.
