Crawford City Zoning Code
ARTICLE VII
Zoning Board of Appeals
§ 137-31 Membership, organization and procedures.
A.
Organization.
(1)
There shall be a Zoning Board of Appeals (ZBA), and said ZBA shall consist of five members. The method of appointment, terms of office and tenure of its members shall be as prescribed by law.
(2)
The ZBA shall have all the powers and duties prescribed by law and by this chapter.
(3)
The ZBA shall appoint a Secretary and shall prescribe rules for the conduct of its affairs.
(4)
All meetings of the ZBA shall be open to the public to the extent provided in Article 7 of the Public Officers Law. A quorum shall consist of three members.
(5)
Every decision by the ZBA shall be by resolution and shall contain a full record of the findings of the ZBA in the particular case.
(6)
The concurring vote of a majority of all the members of the ZBA shall be necessary to reverse any order, requirement, decision or determination of the Building Inspector or other administrative official or to decide in favor of the applicant any matter upon which it is required to pass under this chapter or to approve a variance from this chapter.
B.
Procedures.
(1)
Application for any action by the ZBA shall be made directly to the Secretary of the ZBA in the form required by the ZBA.
(2)
To be considered complete, an application must consist of:
(a)
A completed, signed application form with any required attachments.
(b)
A copy of the order, requirement, decision or determination appealed from, if applicable.
(d)
All fees as prescribed in the schedule of fees adopted by resolution of the Town Board to cover all review costs, including but not limited to filing fees, engineering fees, legal fees, planning fees and hearing notice fees. Fees shall not be required on any application of the Building Inspector, Planning Board or Town Board.
[Amended 8-14-1986 by L.L. No. 5-1986]
(3)
Upon receipt of a complete application, the ZBA shall, by motion duly adopted, fix a reasonable time for a public hearing on the application and shall provide for the giving of notice, at least 10 days prior to the date thereof, as follows:
(a)
By publishing a notice in the official newspaper.
(b)
By mailing a notice by certified mail, return receipt requested, to the parties involved in the appeal or other matter referred to it.
(c)
By mailing a notice by certified mail, return receipt requested, to the regional state park commission having jurisdiction of any state park or parkway within 500 feet of the property involved in an appeal.
(d)
By mailing a notice by certified mail, return receipt requested, to the Clerk of any other municipality whose boundary is within 500 feet of the property which is the subject of the application.
(e)
By requiring the applicant to serve notice of the date, time, place and substance of the hearing by certified mail, return receipt requested, on all property owners within 200 feet of the property which is the subject of the application and to furnish proof of compliance with this notification requirement.
(f)
By providing such other notice as may be required by Article 12-B of the General Municipal Law or other applicable law. No action shall be taken on applications referred to the Orange County Planning Department until the Department's recommendation has been received or until 30 days have elapsed after the Department received the notice, whichever is earlier.
(4)
The ZBA shall render a decision on the application within 60 days after the public hearing is closed, unless the time to render a decision is extended by mutual consent of the ZBA and the applicant.
(5)
A variance approval shall be valid for one year commencing with the date the ZBA approves the variance. If the ZBA approves a variance subject to conditions, then the one-year time period shall commence upon approval of the conditional variance, and not upon compliance with the conditions. If the applicant has commenced and diligently prosecuted construction, or the use has been commenced and continued, within that initial one-year period, then a single one-year extension of the variance approval will be granted by the ZBA if the extension is requested and the approval extension fee is paid prior to expiration of that initial one-year period, and if the ZBA determines that there has been no significant change in circumstances since the date of the approval. Otherwise, the variance approval shall expire one year after the date the ZBA granted the approval, and the applicant must apply for a new variance and comply with all applicable requirements of this chapter and other laws and regulations. If an applicant is granted a one-year extension of approval, then the variance approval shall expire two years after the date the ZBA granted the approval, unless the Building Inspector determines that the applicant possesses vested rights in the approval. No certificate of occupancy will be issued if the variance approval has expired.
[Amended 10-21-2010 by L.L. No. 1-2010]
§ 137-32 Variances.
A.
The ZBA shall have the power, in passing upon 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 the regulations or provisions of this chapter, subject to the general standards and guiding principles set forth in this section.
B.
General standards. For every variance from the strict application of any provision of this chapter, the ZBA shall determine the following:
(1)
That strict application of this chapter would cause practical difficulties or unnecessary hardships that, under the circumstances, would deprive the applicant of the reasonable use of such land or buildings.
(2)
That such practical difficulties or unnecessary hardships are unique and are not shared by all properties in the vicinity.
(3)
That such variance is the minimum variance that will relieve such practical difficulties or unnecessary hardships.
(4)
That such variance is in the spirit of the general purposes and intent of this chapter as stated in Article I.
(5)
That such variance is so designed as to provide reasonable consideration to, among other things, the character of the neighborhood or district, the conservation of property values in the vicinity and the guidance of building development in accordance with the Comprehensive Development Plan of the Town.
(6)
That such variance does not involve substantial detriment to the public safety or welfare.
C.
Guiding principles.
(1)
Every decision by the ZBA granting a variance shall clearly set forth the nature and extent of such variance.
(2)
Every variance granted by the ZBA may be made subject to conditions and safeguards as the ZBA shall deem applicable to the particular case. Violations of such conditions or safeguards as are a part of the Board's decision shall be deemed a violation of this chapter.
(3)
Any variance granted by the ZBA pursuant to the provisions of this section shall be construed to be a nonconforming use.
(4)
The needs or desires of a particular owner or tenant or of a particular prospective owner or tenant shall not, either alone or in conjunction with other factors, afford any basis for the granting of a variance. The fact that the improvements already existing at the time of the application are old, obsolete, outmoded or in disrepair or the fact that the property is then unimproved shall not be deemed to make the plight of the property unique or to contribute to any claimed uniqueness.
§ 137-33 Interpretations.
The ZBA is hereby authorized, upon an appeal, to hear and decide:
A.
Any matter where an appellant alleges that the Building Inspector was in error in refusing to issue a building permit or certificate of occupancy, as a result of misinterpreting the meaning, intent or application of any section or part of this chapter.
C.
Any other matter relating to this chapter where an appellant seeks a review of any decision, order or ruling made by the Building Inspector.
D.
Any matter which the Building Inspector, Planning Board or Town Board appeals on grounds of doubt as to the meaning or intent of any provision of this chapter or as to the location of a district boundary line on the Zoning Map.