Town of Monroe, NY
Orange County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
The Board shall hear and decide appeals from, and review any order, requirement, decision, determination or opinion made by, an administrative official charged with the enforcement of any ordinance adopted pursuant to Article 16 of the Town Law. It shall also hear and decide all matters referred to it or upon which it is required to pass under any other law or the Zoning Law of the Town of Monroe.[1] Such an appeal may be taken by any person aggrieved or his agent, or any officer, department, board or bureau of the town.
[1]
Editor's Note: See Ch. 57, Zoning.
An appeal shall be taken within 30 days of the action of the administrative official appealed from. Any appeal not so taken shall not be entertained by the Board. An appeal shall be taken by filing with the Chairman and the official from whom the appeal is taken a notice of appeal. Said notice of appeal shall identify the action of the administrative official appealed from and the date of that action, and briefly state the grounds upon which the appeal is based. The officer from whom the appeal is taken shall forthwith transmit to the Chairman all the papers constituting the record upon which the action appealed from was taken.
There shall be furnished to the Chairman of the Board six copies of a record on appeal, containing the required information and data, at least 10 days prior to the scheduled hearing upon such appeal. No appeal shall be heard unless a record on appeal is so furnished to the Chairman. If no record on appeal is so furnished within the time prescribed herein, the appeal shall be denied, subject to renewal upon supplying a sufficient record on appeal to the Chairman, or adjourned at the discretion of the Board. Upon receipt thereof the Chairman shall distribute the record on appeal to the Board members and the Attorney.
The record on appeal shall consist of the following material in regard to the following matter:
A. 
Appeals regarding any yard, court or area requirement of the Zoning Law of the Town of Monroe:[1]
(1) 
A copy of the letter, opinion, decision or requirement or ruling appealed from.
(2) 
A written executed petition stating in detail all the pertinent facts relating to the appeal, including the date of construction of any building located on the subject property, and stating the grounds for the appeal.
(3) 
A plot plan, survey or diagram of the subject premises, accurately showing the dimensions of all actual or proposed structures on the subject premises, the distances or all actual or proposed side yards, rear yards, front yards, courts, driveways, abutting streets and, except for appeals involving court areas or locations, the distance from the side and rear lot lines to existing structures, if any, on adjoining properties closer than 300 feet to said lot lines. If such an appeal is based upon practical difficulties arising out of topographical conditions, such as differences in elevation, streams or outcropping of rocks or the like, the plot plan or survey should sufficiently indicate the nature and extent of said conditions.
[1]
Editor's Note: See Ch. 57, Zoning.
B. 
Appeals regarding any use requirements of the Zoning Law of the Town of Monroe:[2]
(1) 
A copy of the letter, opinion, decision or requirement appealed from.
(2) 
A written executed petition stating in detail all the pertinent facts relating to the appeal, including the date of acquisition of the subject property by the appellant or his principal, and stating the grounds therefor.
(3) 
A diagram identifying the property upon which the use will be located and the types and number of uses, if any, within a one-thousand-foot radius of the proposed use.
[2]
Editor's Note: See Ch. 57, Zoning.
C. 
Appeals from the requirements of Section 280-a of the Town Law:
(1) 
A copy of the letter, opinion, decision or requirement or ruling appealed from.
(2) 
A written executed petition stating in detail all the pertinent facts relating to the appeal and stating the grounds therefor.
(3) 
A plot plan, survey or diagram showing accurately the size of the subject property, the location of the proposed structure thereon, the amount of frontage on any abutting road, the distance of the proposed structure from any abutting street or highway, if the property does not abut a state, county or town highway, the distance from the subject property to the nearest state, county or town highway and the dimensions, location and type of access to the property from the nearest state, county or town highway.
D. 
Applications under Section 279 of the Town Law, Section 239-i of the General Municipal Law or any matter referred to it or upon which it has power to act under the Town of Monroe Zoning Law[3] not covered by Subsections A or B of this section:
(1) 
A copy of the letter, opinion, decision, requirement or ruling appealed from, if any.
(2) 
A written executed petition stating in detail all pertinent facts relating to the appeal or application and the grounds or reasons for the appeal.
(3) 
Any other information or data that the Board may reasonably require after the public hearing.
[3]
Editor's Note: See Ch. 57, Zoning.
E. 
Any record on appeal may be supplemented by a memorandum of law or any other information or data the applicant feels may support or explain the appeal.
The Board, upon good cause shown, may waive or modify the requirements of §§ A66-15, A66-16 and A66-17 of this Article.
The Board may require any additional information it deems necessary to act upon any appeal or application after a public hearing thereon.
[Amended 5-2-1983 by L.L. No. 1, 1983]
The filing fee for any application to the Zoning Board of Appeals in an amount determined by the Town Board shall be deposited with the Chairman at the time of filing the notice of appeal or application for rehearing. If any appeal is denied, subject to renewal upon the filing with the Chairman of a sufficient record on appeal, an additional filing fee, in an amount determined by the Town Board, shall be deposited with the Chairman before such appeal shall be scheduled for a rehearing.[1]
[1]
Editor's Note: See Ch. 26B, Fees.