A Board of Appeals is hereby created as provided
by law.
[Added 5-16-2000 by L.L. No. 10-2000]
The Town Board may appoint not more than two
alternate members of the Zoning Board of Appeals. Each such alternate
member shall attend meetings of the Zoning Board of Appeals and participate
in its deliberations but shall vote only in the event that a member
of the Zoning Board of Appeals is absent or otherwise unable to act
with respect to a particular matter. When acting pursuant to the Zoning
Board of Appeals authority provided hereby, such alternate member
shall have all of the rights and privileges of a member of the Zoning
Board of Appeals. The term of appointment of said alternates shall
be as authorized by the Town Board under a duly adopted resolution.
This section is adopted pursuant to the authority granted by § 10,
Subdivision 1(e)(3), of the Municipal Home Rule Law and shall supersede
any provision of the Town Law which is inconsistent herewith.
The Board of Appeals shall have all the powers
and duties prescribed by law and by this chapter, which powers and
duties are summarized and more particularly specified as follows,
provided that none of the following subsections shall be deemed to
limit any of the powers of the Board of Appeals that is conferred
by general law:
A.
Interpretation. On appeal from an order, requirement, decision or determination made by an administrative official, or on request from any official or agency of the Town, the Board of Appeals shall decide any question involving the interpretation of any provision of this chapter, including determination of the exact reference to the rules specified in § 300-7.
B.
Variance of adjustment. Where the strict application
of any of the requirements of this chapter in the case of an exceptionally
irregular, narrow, shallow or steep lot, or other exceptional physical
conditions, would result in practical difficulty or unnecessary hardship
that would deprive the owner of the reasonable use of the land or
building involved, but in no other case, the Board of Appeals shall
have the power, upon appeal, to vary or adjust the strict application
of the regulations or provisions of this chapter. No adjustment in
the strict application of any provisions of this chapter shall be
granted by the Board of Appeals unless it finds:
(1)
That there are special circumstances or conditions,
fully described in the findings of the Board of Appeals, applying
to the building or land for which the adjustment is sought, which
circumstances or conditions are peculiar to such land or building
and do not apply generally to land or buildings in the neighborhood.
(2)
That, for reasons fully set forth in the findings
of the Board, the aforesaid circumstances or conditions are such that
the particular application of the regulations of this chapter would
deprive the applicant of the reasonable use of such land or building
and the granting of the adjustment is necessary for the reasonable
use of the land or building, and that the adjustment as granted by
the Board is the minimum adjustment that will accomplish the purpose.
(3)
That the granting of the adjustment will be in harmony
with the general purposes and intent of this chapter and of the Town
Development Plan, if such exists, and will not be injurious to the
neighborhood or otherwise detrimental to the public welfare.
C.
Permits for special uses. In accordance with Article VII, the Board of Appeals, Planning Board or Town Board, as provided for herein, may authorize the issuance of permits for special uses in districts in which such uses are permitted.
[Amended 6-18-1995 by L.L. No. 7-1985]
D.
Conditions and safeguards. In all cases where the
Board of Appeals authorizes the issuance of a building permit or occupancy
permit under any of the above powers, it shall be the duty of said
Board to attach such conditions and safeguards as may be required
to protect the public health, safety, morals and general welfare.
A.
All appeals and applications to the Board of Appeals
shall be taken in the manner prescribed by law and within such time
as shall be prescribed by the Board of Appeals by general rule. All
such appeals and applications shall be, in writing, on forms prescribed
by the Board, and each appeal or application shall fully set forth
the circumstances of the case. Every appeal or application shall refer
to the specific provision of the chapter involved and shall exactly
set forth, as the case may be, the interpretation that is claimed,
the details of the adjustment that is applied for and the grounds
for which it is claimed that the same should be granted or the use
for which a permit is sought. Every decision of the Board of Appeals
shall be recorded in accordance with standard forms adopted by the
Board and shall fully set forth the circumstances of the case and
the findings on which the decision was based.
B.
In addition to all other papers and documents required
to be submitted on an appeal or application to the Zoning Board of
Appeals, the term "interested parties" shall mean the owner or owners
of property immediately adjoining or abutting the parcel or parcels
to which the appeal or application relates and the owner or owners
of property directly across the road, street or avenue, if any abutting
the parcel or parcels to which the appeal or application relates.
At the hearing, the appellant or applicant, or the attorney for such
appellant or applicant, shall certify, in writing, as part of the
record of the hearing, that written notice of the date, time and place
of the hearing and a brief statement of the relief sought, on forms
prepared and furnished by the Zoning Board of Appeals, was sent not
fewer than 15 days and not more than 25 days prior to the date of
the hearing, to each of the persons set forth on the aforesaid list.
Each such written notice shall be sent by the applicant or his attorney,
by first class mail by the United States Post Office. At the hearing,
the applicant shall submit a separate certificate of mailing issued
by the United States Post Office for each notice mailed, together
with a copy, certified by the applicant or his attorney as true and
correct, of the notices actually mailed. If a necessary party is a
commercial property, part of a condominium or cooperative, the required
notice may be sent to the owner of said parcel or its managing agent
on behalf of all occupants of the parcel. These shall all be filed
with the Board and shall constitute part of the applicant's file.
Such filing shall constitute compliance with this rule as to each
of the addresses set forth on the list and for whom there is a post
office receipt for such mailing. The submission of all of the foregoing
shall constitute a representation by the applicant that the foregoing
sections have been complied with. It shall suffice for the purposes
of this section, if such notices are sent to persons, firms or corporations
shown as owners on the most recent of the tax rolls of the Town of
Yorktown. The addresses to be used shall be the addresses shown on
such tax rolls, and, if there be no address shown, it shall suffice
if the notice is sent to the owner addressed to the property. The
tax rolls referred to shall be the most recent published and available
for inspection by the general public, preceding the date of mailing
of the notice. The failure to comply with this section shall require
adjourmnent of the appeal or application until compliance herewith
is established, or, in the event of continued noncompliance, the appeal
or application, in the discretion of the Zoning Board of Appeals,
may be dismissed. In the event that any land within the area aforementioned
shall not have a listed owner, such fact shall be stated in lieu of
listing a name and address, and notice with respect to such parcels
shall be deemed waived. Any willful failure or omission to comply
with this section shall be sufficient cause to deny the relief sought
or, if such relief has been granted in whole or in part, to revoke,
cancel or annul such relief as may have been granted.
[Added 10-6-1979 by L.L. No. 7-1979; amended 7-18-2017 by L.L. No. 11-2017]
C.
Upon appeal or application for a special use permit
to be granted by the Planning Board, the above notification procedure
shall apply, except that all forms shall be furnished by and returned
to the Planning Board and the Planning Board shall make all determinations
relating to compliance with this section.
[Added 6-18-1985 by L.L. No. 7-1985]
Any person or persons, jointly or severally,
aggrieved by any decision of the Board of Appeals or any officer,
department, board or bureau of the Town may apply to the Supreme Court
for relief in the manner provided for by law.
