Canastota City Zoning Code
ARTICLE III
Board of Appeals
§ 230-14 Creation and organization.
The Board of Appeals shall consist of five members, each to be appointed for three years. The Board shall appoint a secretary and shall prescribe rules for the conduct of its affairs.
§ 230-15 Powers and duties.
The Board of Appeals shall have all the following powers and duties:
A.
Interpretation. Upon appeal from a decision, to decide questions involving interpretation of any provision of this chapter.
B.
Special permits. To issue special permits required by this chapter.
C.
Variances. To vary strict application of the requirements of this chapter in the case of exceptionally irregular, narrow, shallow or steep lots or other exceptional physical conditions, whereby strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved. No variance shall be granted which permits a use otherwise not permitted in that district. In granting any variance, the Board shall prescribe conditions that it deems to be necessary or desirable. No variance in the strict application of any provision of this chapter shall be granted by the Board unless it finds that:
(1)
Strict application of the chapter would produce undue hardship and that the hardship is not self-created, nor an economic hardship.
(2)
The hardship is unique and is not shared by all properties alike in the immediate vicinity of the property and the district.
(3)
The variance would observe the spirit of the chapter and would not change the character of the district, be injurious to the neighborhood or otherwise detrimental to public welfare.
(4)
The variance would observe the intent of the Comprehensive Plan.
(5)
The variance is the minimum necessary to grant relief.
§ 230-16 Procedures.
A.
The Board of Appeals shall act in strict accordance with the procedure specified by the Village Law and by this chapter. All applications made shall be in writing, on forms prescribed by the Board. Every application shall refer to the specific provision of the chapter involved and shall set forth the interpretation claimed, use for which the special permit is sought or details of the variance that is applied for and the grounds on which it is claimed the variance should be granted.
B.
At least 10 days before the date of the public hearing and no more than 30 days, the Secretary shall transmit to the Planning Board a copy of the application and notice of hearing. The Planning Board shall submit a report of its advisory opinion prior to the hearing. Failure of the Planning Board to submit a report shall be deemed to signify approval of the application.
[Amended 12-18-1978 by L.L. No. 4-1978]
C.
Every decision of the Board of Appeals shall be by resolution, which shall contain a full statement of its findings of fact in the case, and shall be recorded in its minutes.
§ 230-17 Special permits.
In every case where a special permit is required by this chapter, the Board of Appeals shall issue such permit only after:
A.
Referral to the Planning Board for its recommendation and receipt of its report.
B.
A public hearing has been held by the Board of Appeals.
§ 230-18 Plan required.
An application for a special permit shall be accompanied by three sets of preliminary plans and other descriptive matter to portray clearly intentions of the applicant. These documents shall become a part of the record. Such plans shall show location of all buildings, parking, access and circulation, open space, landscaping and other information necessary to determine if the proposed special use meets requirements of this chapter.
§ 230-19 Standards for special uses.
The Planning Board may recommend that additional standards be imposed on the special use to provide adequate safeguards to protect the health, safety, morals or general welfare of the public and for preservation of the general character of the neighborhood in which such proposed special use is to be placed, to minimize possible detrimental effects of the use on adjacent property.
§ 230-20 Criteria for issuance of special permit.
The Board of Appeals may issue a special permit only after it has found that all the following standards and conditions have been satisfied:
A.
The location, size of the use and structure, nature and intensity of operations involved, size of the site in relation to it and the location and the location of the site with respect to streets giving access to it are such that it will be in harmony with orderly development of the district.
B.
The location, nature and height of buildings, walls and fences will not discourage the appropriate development and use of adjacent land and buildings or impair their value.
C.
The special use shall not conflict with any Master Plan or part thereof.
D.
Operations of any special use shall not be more objectionable to nearby properties than would be the operations of any permitted use.
E.
No special permit shall be issued for a use on a property where there is an existing violation of this chapter.