Irondequoit City Zoning Code
ARTICLE XVIII
Board of Appeals
§ 235-100 Establishment; membership.
[Amended 4-3-1980 by L.L. No. 1-1980]
Pursuant to the provisions of the Town Law applicable thereto, there is hereby established a Board of Appeals of seven members to be appointed by the Town Board, which shall also designate the Chair thereof, each member to serve for a term of five years. Vacancies occurring in said Board shall be filled in a like manner for the unexpired term. Members of the Board of Appeals and the Chair thereof heretofore appointed and designated by the Town Board shall continue to hold office during the term for which appointed and until his or her successor is appointed.
§ 235-101 Powers and duties.
[Amended 2-12-1987 by L.L. No. 1-1987; 12-15-1998 by L.L. No. 8-1998]
A.
General powers and duties. The Board of Appeals shall possess all the powers and perform all the duties conferred by statute and by this chapter or any amendments thereto. The Board of Appeals, consistent with the provisions of the Town Law applicable thereto, shall determine its own rules of conduct and procedure.
B.
Review. The Board of Appeals shall hear and decide appeals and review any order, requirement, decision or determination made by the Building Inspector pursuant to this chapter and in accordance with its rules of procedure.
C.
Interpretation. Upon appeal from a decision, the Board of Appeals may decide questions involving the interpretation of this chapter.
D.
Special and temporary use permits.
(1)
Wherever a special or temporary use permit is required under the provisions of the chapter, the Board of Appeals may, upon determination that the purposes of this chapter will be served and after due public notice and public hearing and subject to appropriate conditions and safeguards, grant a special or temporary use permit. The same procedure shall follow as provided by law in relation to an application for a variance.
(2)
Any special or temporary use permit granted under the provisions of this subsection shall become null and void unless exercised within one year from the date when the decision of the Board granting said special or temporary permit becomes final, either by expiration of the time for review of the same by a court or by the final judgment of the court in the case of court review. However, the time to exercise said permit may be extended, for good cause shown, upon written application to the Director of Planning and Zoning made prior to the expiration of the time limit. The Director of Planning and Zoning, upon 30 days' notice to the Board which granted the original approval of said permit, may extend the time to exercise said permit for successive periods not to exceed six months each.
E.
Variances.
(1)
The Board of Appeals shall have the power to grant variances in accordance with the provisions of § 267 of the Town Law, as amended or changed.
(2)
Any variance granted under the provisions of this subsection shall become null and void, unless a building permit is obtained and work is commenced within one, year from the date when the decision of the Board of Appeals becomes final, either by expiration of the time for review of the same by a court or by the final judgment of the court in the case of court review. However, the time to obtain a building permit and/or to commence work may be extended, for good cause shown, upon written application to the Director of Development Services made prior to the expiration of the time limit. The Director of Development Services may extend the time to obtain a permit and/or commence work for successive periods not to exceed six months each.