Cortlandville City Zoning Code
ARTICLE XXI
Zoning Board of Appeals
§ 178-131 Organization.
The Zoning Board of Appeals shall consist of five members, all residents of the Town of Cortlandville, to be appointed by the Town Board for terms of five years in staggered terms. One member shall be designated by the Town Board to serve as Chairman. If a vacancy shall occur, the Town Board shall appoint a successor who shall serve for the unexpired portion of the term of his predecessor.
§ 178-132 Duties and powers.
The Zoning Board of Appeals shall have all the duties and powers conferred upon it by law and this chapter, including certain duties and powers as follows:
A.
To hear and decide appeals from and review any order, requirement, decision or determination made by the Zoning Officer charged with the enforcement of this chapter, and to revise or affirm, wholly or partly, or modify such order, requirement, decision or determination making such order, requirement, or determination as ought to be made under the law and this chapter.
B.
Upon said appeals, where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, to vary or modify the application of any of the regulations or provisions of this chapter relating to the use, construction or alteration of buildings or structures, or the use of land, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done.
§ 178-133 Time limitation on application for permit or variance.
[Amended 12-16-2009 by L.L. No. 3-2009]
Application to the Code Enforcement Officer for any building permit or certificate of zoning compliance authorized by resolution of the Zoning Board of Appeals under which a permit or variance is granted shall be made within 60 days from the date the resolution is filed with the Town Clerk.
§ 178-134 Procedure.
A.
The Zoning Board of Appeals shall strictly comply with the requirements of law and this chapter as to hearings, notice and procedure. It shall prescribe such supplemental rules of procedure as it deems advisable. Each appeal or application made to the Zoning Board of Appeals shall be in writing and shall refer to the specific provision involved, setting forth exactly the interpretation that is claimed, the use for which the permit is sought, or the details of the variance that is applied for, and the grounds upon which it is based.
B.
Every decision of the Zoning Board of Appeals shall be by resolution which sets forth the findings of the Board in the particular case. Each such resolution, together with all the documents pertaining thereto, shall be filed in the office of the Town Clerk under one of the headings as follows:
C.
The Zoning Board of Appeals shall notify the Zoning Officer of each variance granted and of each interpretation made under the provisions of this chapter.
D.
With each application for a variance, a fee shall be paid as set forth from time to time by Town Board resolution.
[Added 4-1-1987 by L.L. No. 4-1987; amended 8-5-1998 by L.L. No. 2-1998]
§ 178-135 Notice.
[Amended 8-5-1998 by L.L. No. 2-1998; 12-16-2009 by L.L. No. 3-2009]
The Zoning Officer shall give notice of any application made under the provisions of this article by mailing, at least five days prior to the hearing upon such application, post card notices of the substance of the application and the date, time and place of the hearing to all owners of land which immediately adjoins the premises for which said application is made or which abuts the same street or streets as said premises and is within a distance of 300 feet, exclusive of street rights-of-way, of the exterior boundaries of the said premises, as the names and addresses of said owners appear on the last completed assessment roll of the town, but failure to comply with this section shall not invalidate any action taken by the Zoning Board of Appeals.