There is hereby created a Board of Appeals, which shall consist of five members to be appointed by the Town Board, each to serve for a term of five years, except that of the members first appointed, one shall hold office for a term of one year, one for a term of two years, one for a term of three years, and one for a term of four years.

The Chairman shall be designated by the Town Board.

The Town Clerk shall serve as Clerk of the Board of Appeals.

Legislative intent. This section shall apply to the appointment, terms, functions and powers of alternate members appointed to serve on the Zoning Board of Appeals in the Town of Aurora.

Declaration of policy. It is sometimes difficult to maintain a quorum on the Zoning Board of Appeals because members are ill or on extended vacation or find they have a conflict-of-interest situation on a specific matter before such Board. In such instances, official business cannot be conducted, which may delay or impede adherence to required timelines. The use of alternate members in such instances is hereby authorized pursuant to the provisions of this section.

Definitions. As used in this section, the following terms shall have the meanings indicated:

Authorization/effect.

Supersession of town law. This section is hereby adopted pursuant to the provisions of § 10 of the New York State Municipal Home Rule Law and § 10 of the New York State Statute of Local Governments. It is the intent of the Town Board, pursuant to § 10 of the New York State Municipal Home Rule Law, to supersede the provisions of:

Upon an appeal, to review any order or decision of the Code Enforcement Officer in case of alleged error or misinterpretation of the provisions of this chapter, including the location of any district boundary as to which there is an uncertainty, and to affirm, modify or reverse such order or decision.

Upon an appeal based on practical difficulty or unnecessary hardship in the way of carrying out the strict letter of this chapter, to grant a variance from the requirements thereof. However, the hardship must be unique, applying to the premises in question but not applying generally to other premises in the same district. It must not be self-created by any person having an interest in the property or the result of mere disregard for or ignorance of the provisions of this chapter. Any relief granted shall be only that reasonably required to effect substantial justice, shall not be arbitrary or discriminatory and shall be granted with due consideration for its effect on the ultimate development of the district in accord with the Zoning Map.

Upon an application for a special permit, to approve any structure or use in any case where this chapter requires the approval of the Board of Appeals.

Upon an application for a temporary permit, to approve, for a period not exceeding one year on any single permit, any structure or use in an undeveloped section of the Town, provided that such structure or use:

Upon an application, to permit any public service, public utility or public building found to be necessary for the public health, safety or general welfare.

Upon an application, to approve the extension of any building, structure or use existing at the effective date of this chapter not more than 50 feet into an adjacent, more-restrictive district.

Upon an application, to vary the provisions relating to special flood hazard areas, provided that no increase in base flood level or discharge would result thereby and that the variance shall be the minimum necessary to afford relief. Where a variance is approved by the Board of Appeals, written notice shall be given that the building will be subject to increased cost for flood insurance and that a hazard to human habitation exists by virtue of base flood conditions. The Board of Appeals shall not grant any variance of these provisions unless save-harmless provisions are filed in favor of the Town of Aurora prior to the filing of such variances.

Any variance or special use permit granted by the Zoning Board of Appeals or by a court of competent jurisdiction pursuant to the provisions of this chapter shall be and become null, void and of no further force or effect unless a building permit, if required, is issued or the use granted commences within 365 days after the date of the decision of the Zoning Board of Appeals or a final court decision has been entered.

The Board of Appeals shall determine its own rules of procedure consistent with the Town Law and this chapter, and all its deliberations, resolutions and orders shall be in accordance therewith.

All hearings shall be public, and the Board shall keep complete minutes of its proceedings. Said minutes shall be a public record, shall show the Board's findings and reasons for its decisions and shall indicate the vote of each member on each case.

The Board of Appeals shall take no action except after public hearing on notice as hereinafter provided.

Appeals and applications to the Board of Appeals shall be made, in writing, on forms prescribed by said Board, shall be signed and verified by the party seeking relief from the Board; shall set forth a brief and concise statement of the facts involved, the relief sought and the grounds therefor; and shall be filed with the Clerk of the Board of Appeals, who shall forthwith notify the Chairman and members thereof and also the Town Attorney and Code Enforcement Officer, in writing.

The Board of Appeals may submit any appeal or application to the Town Planning Board, the Town Attorney and the Code Enforcement Officer, or any of them, requesting an advisory opinion on such appeal or application before or after the hearing thereon.

Notice of all hearings before the Board of Appeals shall consist of a brief and concise statement of the matter involved, specifying the date, time and place of hearing. Such notice shall be published at least once, not more than 15 days nor less than five days before such hearing, in the newspaper designated by the Town Board for the publication of official Town notices, and a like notice shall be mailed first class, postage prepaid, addressed to the owners of all property abutting on the premises or lot affected by or involved in such application or appeal. The names and addresses of such owners shall be taken from the current assessment and tax rolls of the Town of Aurora. Such mailing shall be made in a United States post office in the County of Erie, New York, not more than 15 days nor less than five days before such hearing.

The Board of Appeals may adjourn hearings from time to time, administer oaths, subpoena witnesses, hear testimony and receive evidence, inspect the premises involved and, by resolution containing a full recital of its findings, render its decision, which shall be filed in the office of the Town Clerk, all in accordance with law.

Strict rules of evidence need not be observed at hearings before the Board of Appeals, and no stenographic record need be made of the testimony of proceedings, but minutes shall be kept of all proceedings in accordance with law.