The Board of Appeals shall be appointed and shall function in accordance with enabling law. The Board of Appeals shall consist of five members. No appointment shall be valid unless the appointee is a resident of the Town of Pendleton. The Board may prescribe rules for its affairs.
The Board of Appeals shall have all the powers and duties prescribed by law and by this chapter, which are more particularly specified as follows:
Interpretation. To decide any question involving the interpretation of any provision of this chapter following an appeal filed by the aggrieved landowner from a decision made by the Code Enforcement Officer or the Planning Board. This includes the determination of the exact location of any district boundary, if there is uncertainty with respect thereto.
Variances. To vary or adapt the strict application of any of the requirements of this chapter in the case of exceptionally irregular, narrow, shallow or steep lots or other exceptional physical conditions whereby such strict application would result in practical difficulty or unnecessary hardship and would deprive the owner of the reasonable use of the land or building involved, but for no other reason. No variance in the strict application of any provision of this chapter shall be granted by the Board of Appeals unless it finds:
That there are special circumstances or conditions fully described in the findings of the Board of Appeals applying to such land or building and not applying generally to land or buildings in the neighborhood. The circumstances or conditions are such that strict application of the provisions of this chapter would deprive the applicant of the reasonable use of such land or buildings for permitted uses in the zoning district.
That, for reasons fully set forth in the findings of the Board of Appeals, the granting of the variance is necessary for the reasonable use of the land or building and that the variance will accomplish this purpose.
That the granting of the variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. In granting any variance, the Board of Appeals shall prescribe any conditions that it deems to be necessary or desirable.
The Board of Appeals shall act in strict accordance with procedure specified by law and by this chapter. All meetings shall be open to the public. All appeals and applications made to the Board of Appeals shall be in writing on forms prescribed by the Board of Appeals. Every appeal or application shall:
Refer to the specific provision of this ordinance involved.
Exactly set forth the interpretation that is claimed.
Be for the use for which the special exception permit is sought.
State the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted.
At least 10 days before the date of the hearing required by law on an application or appeal to the Board of Appeals, the Secretary of said Board shall transmit to the Planning Board a copy of the application or appeal. The Planning Board shall submit a report of an advisory opinion prior to the date of the Board of Appeals' hearing. Upon failure to submit such report, the Planning Board shall be deemed to have approved the application or appeal. Every decision of the Board of Appeals shall be by resolution, each of which shall contain a full record of the findings of the Board of Appeals on the particular case.
In addition to giving public notice as prescribed by Town Law, the Board of Appeals shall send notice by mail, phone or personal contact to all property owners as shown on the tax rolls of the Town of Pendleton who reside within 250 feet of all boundary lines of the premises on which application is made. In the absence of bad faith or deliberate intent, the failure to send such notice to less than 50% of the property owners shall not invalidate the action of the Board of Appeals.
If the applicant files with the Board of Appeals a signed consent for such special permit or variance signed by more than 50% of the affected property owners or if the applicant files an affidavit stating that he has served notice by mail or in person to all such property owners, the Board of Appeals shall be relieved of the duty to mail or send notice to such property owners.
A referral shall be made to the Niagara County Planning Board before issuing a special exception permit or granting a variance affecting real property within a distance of 500 feet from a boundary of the Town of Pendleton; or from the boundary of any existing or proposed county or state park or other recreation area; or from the right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway; or from the existing or proposed right-of-way of any stream or drainage channel owned by the county (or for which the county has established channel lines); or from the existing or proposed boundary or any county or state owned land on which a public building or institution is situated.
Within 30 days after receipt of a full statement of such referred matter, the Niagara County Planning Board or an authorized agent of said Planning Board shall report its recommendations to the Board of Appeals, accompanied by a full statement of the reasons for such recommendations. If the Niagara County Planning Board fails to report within such period of 30 days or such longer period as may have been agreed upon by it and the Board of Appeals, the Board of Appeals may act without such report. If the Niagara County Planning Board disapproves the proposal or recommends modification thereof, the Board of Appeals shall not act contrary to such disapproval or recommendation, except by a vote of a majority plus one of all the members of the Board of Appeals and after the adoption of a resolution fully setting the reasons for such contrary action.
Within seven days after final action on a referral by the Board of Appeals, the Board of Appeals shall file a report of the final action with the Niagara County Planning Board.
Any application for an amendment or variance filed by or on behalf of the owner or owners of the property affected shall be accompanied by a fee designated in the fee schedule.