The previously existing Board of Appeals is
hereby continued in office, and its members shall continue to serve
their appointed terms. Future appointments shall continue to be governed
by § 267 of the Town Law.
The Board of Appeals shall hear and decide appeals
where it is alleged that there is an error in any order, requirement,
decision or determination made by an administrative official in the
enforcement of this chapter or of any action pursuant to thereto.
The Board of Appeals shall hear any request
for variance and may, in specific instances, grant such variance from
the terms of the chapter as will not be contrary to the public interest
where, owing to special conditions, a literal enforcement of the provisions
of the chapter will result in unnecessary hardship and so that the
spirit of the chapter shall be observed and substantial justice done.
In granting any variance, the Board of Appeals shall prescribe any
condition applying thereto that it may deem necessary or desirable.
No variance from the strict application of any provision of this chapter
shall be granted by the Board of Appeals unless it finds that:
A.
There are special circumstances or conditions, fully
described in the findings of the Board, applying to the land or building
for which the variance is sought, which circumstances or conditions
are peculiar to such land or buildings and do not apply generally
to land or buildings in the neighborhood and have not resulted from
any act of the applicant subsequent to the adoption of this chapter,
whether in violation of the provisions hereof or not.
B.
For reasons set forth in the findings of the Board,
the aforesaid circumstances or conditions are such that the strict
application of the provisions of this chapter would deprive the applicant
of the reasonable use of such land or building and that the granting
of the variance is necessary for the reasonable use of the land or
building and that the variance, as granted by the Board, is the minimum
variance that will accomplish this purpose.
C.
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.
The Board of Appeals shall hear and decide any
requests for a special permit as required by this chapter.
A.
Findings required for all special permits. The Board
of Appeals shall not grant a special permit unless and until it shall
make the following findings:
(1)
Consistent with purpose. The proposed special permit
is consistent with the general purposes of this chapter and any additional
statement of purpose applying to the particular request.
(2)
Specific requirements met. All specific requirements relating to the special permit are complied with, including all provisions of § 127-23 relating to the special permit.
(3)
Neighboring properties protected. The proposed action
will not detract materially from the use or enjoyment of neighboring
property.
(4)
Traffic adequacy. The streets serving the use are
adequate for the traffic generated by the use and that conditions
of traffic will not be created that will adversely affect the neighborhood.
(5)
Traffic safety. Adequate provision is made for the
safety of motorists and pedestrians.
(6)
Effect of utilities and services. The proposed change
will have no adverse effect on the logical, efficient and economical
provision of public services and utilities.
(7)
Provisions for sanitary sewage and storm drainage.
Adequate provisions are made for the treatment of sanitary sewage
and the handling of storm runoff.
(8)
Town appearance. The effect of the proposed change
on the appearances of the Town will not be deleterious.
B.
Conditions to be imposed. The Board of Appeals, in
granting any special permit, shall impose such conditions as it considers
necessary to comply with the purposes and intent of the chapter, which
conditions may include, but are not limited to, the harmonious design
of buildings, installation and maintenance of fences or planting and
prescribing hours or methods of operation. Such conditions shall be
expressed in writing as an integral part of any special permit, and
any special permit may be revoked if the conditions are not fully
complied with.
C.
Time-limited permits.
[Amended 9-8-1998 by L.L. No. 5-1998]
(1)
Where required by this chapter or deemed desirable
by the Board of Appeals, a special permit shall be limited in time
to permit periodic review in the light of the established character
of the permitted operation and its effect upon the community and in
view of changing conditions. Where maximum periods for such renewable
permits are stated herein, the Board may require shorter, but not
longer, periods. After 75% or such other percent as may be specified,
of the permit time period has elapsed, an application for a renewal
of the permit may be submitted. Such renewal shall be processed in
a similar manner as new permits, with advertising a public bearing
required. Prior to renewing such a permit, a member or representative
of the Board shall inspect the site and report as to compliance with
the general intent and specific requirements of the permit. Such report
shall be entered in the record and given due consideration relative
to the requested renewal.
(2)
The Board of Appeals shall notify, in writing, each
holder of a special permit in August of each year that, at a meeting
in the following October, a hearing will be held to review each special
permit as to compliance and to determine whether the permit will be
continued until renewal. Public notice of the October meeting will
be published in the official Town newspaper and posted in at least
three public places.
(3)
There shall be no fee for the annual review of a special
permit for farm labor trailers or farm labor mobile homes.
(4)
There shall be a fee of $75 for a renewal of a permit
at the end of the term designated by the Zoning Board of Appeals,
and there shall be a fee of $25 for the annual review of special permits.
The Board of Appeals shall hear and decide any
requests for a temporary permit as required by this chapter.
A.
Findings required for all temporary permits. The Board
of Appeals shall not grant a temporary permit unless and until it
shall make the following findings:
(1)
Consistent with purpose. The proposed temporary permit
is consistent with the general purposes of this chapter and any additional
statement of purpose applying to the particular request.
(2)
Specific requirements met. All specific requirements relating to the temporary permit are complied with, including all provisions of § 127-24 relating to the temporary permit.
(3)
Neighboring properties protected. The proposed action
will not detract materially from the use or enjoyment of neighboring
property.
(4)
Traffic adequacy. The streets serving the use are
adequate for the traffic generated by the use and that conditions
of traffic will not be created that will adversely affect the neighborhood.
(5)
Traffic safety. Adequate provision is made for the
safety of motorists and pedestrians.
(6)
Effect of utilities and services. The proposed change
will have no adverse effect on the logical, efficient and economical
provision of public services and utilities.
(7)
Provisions for sanitary sewage and storm drainage.
Adequate provisions are made for the treatment of sanitary sewage
and the handling of storm runoff.
(8)
Town appearance. The effect of the proposed change
on the appearance of the Town will not be deleterious.
B.
Conditions to be imposed. The Board of Appeals, in
granting any temporary permit, shall impose such conditions as it
considers necessary to comply with the purposes and intent of the
chapter, which conditions may include, but are not limited to, the
harmonious design of buildings, installation and maintenance of fences
or planting and prescribing hours or methods of operation. Such conditions
shall be expressed in writing as an integral part of any temporary
permit, and any permit may be revoked if the conditions are not fully
complied with.
A.
Application.
(1)
Interpretation. An appeal for interpretation of the
decision of the Zoning Administrator may be taken by an aggrieved
person or by any Town officer affected in his duties by the decision.
Such appeal shall be taken within 30 days of the decision 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 papers relating to the appeal.
(2)
Variance. An appeal for a variance may be taken by
a person qualified to receive a building or occupancy permit after
denial of a permit by the Zoning Administrator.
(3)
Special permit An application for a special permit
is not an appeal and may be made directly to the Board of Appeals.
(4)
Temporary permit. An application for a temporary permit
is not an appeal and may be made directly to the Board of Appeals.
B.
Form of application. All appeals and applications
made to the Board of Appeals shall be in writing on forms approved
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 specified provision of the chapter involved and shall exactly
set forth, as the case may be, the following:
C.
Fees. Appeals and applications requiring public notices
shall be accompanied by a fee to be determined from time to time by
appropriate resolution of the Town Board.
D.
Public notice. The Board of Appeals shall fix a time
and a place of a public hearing on each application and shall give
notice thereof as follows:
(1)
By advertising once, at least one week before said
hearing, in a newspaper of general circulation in the Town.
(2)
By notifying the parties in interest by registered
mail one week before the hearing.
(3)
By notifying any Town citizen or group of citizens
who may have registered their names and addresses for this purpose
with the Board.
E.
Notification of Planning Board. At least 10 days before the date of the hearing required by law on an application or appeal to the Board of Appeals, and at least 10 days prior to the regular monthly meeting of the Planning Board, the applicant shall file with the Secretary of the Planning Board a copy of said application or appeal, together with a copy of the notice of the aforesaid hearing. The Planning Board may submit to the Board of Appeals an advisory opinion on an appeal for a variance, which opinion shall be read in full at the hearing and be made a part of the record. In accordance with § 127-52 of this chapter, the Planning Board must submit an opinion on any application for a special permit, which opinion shall also be read in full at the hearing and be made a part of the record.
F.
Hearings. The hearings of the Board shall be held
at the call of the Chairman. The Chairman, or in his absence the Acting
Chairman, may administer oaths and compel the attendance of witnesses.
All meetings of the Board shall be open to the public. The Board shall
keep minutes of its proceedings, showing a vote of each member on
every question, and shall keep records of its examination and other
official actions which shall be filed with the Town Clerk and shall
be a public record.
G.
Decisions. Every decision of the Zoning Board of Appeals
shall be by resolution and shall be recorded on standard forms, together
with the vote of each member and any conditions attached to an approval.
In all matters, the Board of Appeals shall give full weight and recognition
to any opinion thereon submitted by the Planning Board.
H.
Records. Decisions shall be numbered serially, and
a serial index shall be kept of all actions. The original copy of
the decision shall be filed, together with all supporting documentation,
by street address in the office of the Town Clerk.
I.
Certificates of the Zoning Board of Appeals. It shall
be the duty of the Board to issue to the applicant a certificate in
any case wherein a special permit or variance is granted, and the
Zoning Administrator shall issue required permits in accordance with
such certificate. The Zoning Board of Appeals may cancel or revoke
any such certificate for any violation of this chapter or of conditions
imposed. In the event of a cancellation or revocation of a certificate,
the Zoning Board of Appeals will immediately notify the owner of the
property in question and the Zoning Administrator so that the latter
may take appropriate action.
Unless otherwise specified by the Zoning Board
of Appeals, a special permit or variance shall expire if the applicant
fails to obtain a building permit or a use and occupancy permit, as
the case may be, within six months from the date of authorization
thereof.
