Cornwall City Zoning Code
ARTICLE IX
Board of Appeals
§ 158-37 Establishment and membership.
There shall be a Board of Appeals of five members pursuant to the provisions of § 267 of the Town Law.
§ 158-38 Powers and duties.
The Board of Appeals shall have all the powers and duties prescribed by law and by this chapter, which are more particularly specified as follows, provided that none of the following provisions shall be deemed to limit any power of the Board that is conferred by law:
A.
Interpretation. On appeal from an order, requirement, decision or determination made by an administrative official, or on request by an official, board or agency of the town, to decide any of the following questions:
(1)
Determination of the meaning of any portion of the text of this chapter or of any condition or requirement specified or made under the provisions of this chapter.
B.
Variances.
(1)
To authorize, upon appeal in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest where, owing to exceptional and extraordinary circumstances, there are practical difficulties and unnecessary hardships in the way of carrying out the strict letter of this chapter, subject to terms and conditions to be fixed by the Board of Appeals; provided, however, that no such variance shall be granted unless said Board finds:
(a)
That there are physical conditions, such as in the case of an exceptionally irregular, narrow, shallow or steep lot, fully described in the findings of said Board, applying to the land or building for which the variance is sought, which conditions are peculiar to such land or building and have not resulted from any act of the applicant or any prior owner.
(b)
That, for reasons fully set forth in the findings of said 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 the granting of the variance is necessary for the reasonable use of the land or building, and that the variance as granted by said Board is the minimum variance that will accomplish this purpose.
(c)
That the granting of the variance under such conditions as said Board may deem necessary or desirable to apply thereto will be in harmony with the general purpose and intent of this chapter, will not represent a radical departure therefrom, will not be injurious to the neighborhood, will not change the character thereof and will not be otherwise detrimental to the public welfare.
(2)
Where said Board finds the zoning classification of a particular property to be conducive to the deprivation of the reasonable use of the land or buildings and where said Board finds the same condition to apply generally to other lands or buildings in the same neighborhood or zoning district, the said Board shall call this condition to the attention of the Planning Board and Town Board.
(3)
In all cases where the Board of Appeals grants a variance from the strict application of the requirements of this chapter, it shall be the duty of such Board to attach such conditions and safeguards as may be required in order that the result of its action may be as nearly as possible in accordance with the spirit and intent of this chapter.
C.
Temporary certificate of occupancy.
(1)
To authorize, upon denial by the Building Inspector of a certificate of occupancy, the issuance of a temporary certificate of occupancy by the Building Inspector for a period not to exceed 90 days for the completion of any alterations that are required under the provision of any law or ordinance or for the completion of a part of an uncompleted building, provided that the Board finds that:
(a)
The denial of a certificate of occupancy prior to completion of the said alterations or of the building would cause unnecessary hardship; and
(b)
The safety of the occupants of the building and of adjacent buildings and land would be adequately assured under such terms and conditions as said Board may prescribe.
(2)
Such temporary certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owner or of the Town respective to the use or occupancy of the land or building or any other matter covered by this chapter.
§ 158-39 Procedures.
The powers and duties of the Board of Appeals shall be exercised in accordance with the following procedure:
A.
The Board of Appeals shall not decide upon any appeal for a variance, temporary certificate of occupancy or interpretation of this chapter without first holding a public hearing, notice of which hearing and of the substance of the appeal or application shall be given by publication by the applicant in the official newspaper of the Town at least 10 days before the date of such hearing. In addition to such published notice, the Board of Appeals shall require such notice to be mailed by the applicant by certified mail at least 10 days before the hearing to all owners of property which lies within 200 feet of any lot line of the property for which a variance is sought and to such other owners as the Board of Appeals may deem advisable. An affidavit of mailing and an affidavit of publication must be presented at the public hearing.
[Amended 1-12-2009 by L.L. No. 1-2009; 10-4-2021 by L.L. No. 3-2021]
(1)
The names of said owners shall be taken as they appear on the last completed assessment roll of the town.
(2)
Provided that due notice shall have been published and that there shall have been substantial compliance with the remaining provisions of this section, the failure to give notice in exact conformance herewith shall not be deemed to invalidate action taken by the Board of Appeals in connection with the granting of any appeal or variance.
B.
All appeals and applications made to the Board of Appeals shall be in writing and shall be accompanied by a fee of not less than the actual and necessary costs of advertising and holding a public hearing. The basic fee shall be as determined in the Standard Schedule of Fees of the Town of Cornwall as may be adopted from time to time by resolution of the Town Board.[1]
[1]
Editor's Note: A schedule of fees is on file in the office of the Town Clerk.
C.
Each appeal or application shall fully set forth the circumstances of the case, 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 or the details of the variance that is applied for and the grounds on which it is claimed that the same should be granted.
D.
Prior to the date of any public hearing, the Secretary of the Board of Appeals shall transmit to the Secretary of the Planning Board a copy of any appeal or application, together with a copy of the notice of such hearing. The Planning Board may submit to the Board of Appeals an advisory opinion on said appeal or application at any time prior to the rendering of a decision by the Board of Appeals.
E.
All the provisions of this chapter relating to the Board of Appeals shall be strictly construed. Said Board, as a body of limited jurisdiction, shall act in full conformity with all provisions of law and of this chapter and in compliance with all limitations contained therein.
F.
Unless construction is commenced and diligently pursued within 12 months of the date of the granting of a variance, such variance shall become null and void.
G.
Every decision of the Board of Appeals shall be recorded in accordance with standard forms adopted by the Board, shall fully set forth the circumstances of the case and shall contain a full record of the findings on which the decision is based. Every decision of said Board shall be by resolution, and each such resolution shall be filed in the office of the Town Clerk by case number, under one of the following headings: interpretation; variances; or temporary certificates of occupancy, together with all documents pertaining thereto. Regarding its decision in each case, the Board of Appeals shall notify the Town of Cornwall Building Inspector, Town Board, Town Planning Board and any designated official of any affected municipality or agency given notice of hearing.