Chenango Town City Zoning Code
ARTICLE VII
Zoning Board of Appeals
§ 73-22 Creation and organization.
A Board of Appeals is hereby created. Such Board shall consist of five members to serve for overlapping five-year terms to be appointed by the Town Board. The Chairman of the Board of Appeals shall be one of the five members and shall be designated as such by the Town Board. Vacancies shall be filled in the like manner; provided, however, that an unexpired term shall be filled for such unexpired term only. The Board shall elect a Vice Chairman from its membership, shall appoint a Secretary and shall establish rules for the conduct of its affairs.
Ad hoc and/or alternate members.
[Added 5-18-1992 by L.L. No. 2-1992]
Section 267 of the Town Law is hereby amended and superseded with regard to the appointment by the Town Board of members to the Zoning Board of Appeals.
The Town Board is hereby authorized to appoint ad hoc and/or alternate members to the Zoning Board of Appeals where conflicts of interest or other factors intervene to eliminate a full Board attendance.
§ 73-23 Powers and duties.
The Board of Appeals shall have all the power and duties prescribed by law and by this chapter which are more particularly specified in, but not limited to, the following:
Interpretation. Upon appeal from a decision by an administrative official to decide any questions involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary if there is uncertainty with respect thereto.
Variances.
To establish and charge fees for, and to grant a variance to vary or adapt the strict application of any of the requirements of this chapter, especially 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 but in no other case.
No variance in the strict application of any provision of this chapter shall be granted by the Board of Appeals unless it finds that:
There are special circumstances or conditions, fully described in the findings, applying to the land or building for which the variance 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, and that said 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 buildings.
For reasons fully set forth in the findings, 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 that will accomplish this purpose.
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.
§ 73-24 Appeal procedures.
The Board of Appeals shall act in strict accordance with the procedure specified by law and by this chapter. All appeals and applications made to the Board shall be in writing on forms prescribed by the Board. Every appeal or application shall refer to the specific interpretation that is claimed, the use for which the special permit is sought, or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be.
At least 15 days before the date of the hearing required by law on an application to the Board of Appeals, the Secretary of said Board shall transmit to the Planning Board of the Town of Chenango a copy of said application or appeal, together with a copy of the notice of the aforesaid hearing, and shall request that the Planning Board submit to the Board of Appeals its advisory opinion on said application or appeal, and the Planning Board shall submit a report of such advisory opinion prior to the date of said hearing.
Every decision of the Board of Appeals shall be by resolution, each of which shall contain a full record of the findings of the Board in the particular case. Each such resolution shall be filed in the office of the Town Clerk, by case number, under one or another of the following headings: interpretations, special permits or variances, together with all documents pertaining thereto. The Board of Appeals shall notify the Town Board and the Town Planning Board of each special permit and each variance granted under the provisions of this chapter.