Marcellus Town City Zoning Code
§ 235-27
Zoning Board of Appeals.
[Amended 7-2-2025 by L.L. No. 2-2025]
A.
Creation, appointment and organization. A Zoning Board of Appeals consisting of five members is hereby created. The Town Board shall appoint the members for overlapping five-year terms and shall also appoint the Chairperson and the Secretary. The Zoning Board of Appeals shall prescribe rules for the conduct of its affairs.
B.
Powers and duties. The Zoning Board of Appeals shall have all the powers and duties prescribed by law and by this chapter, which are more particularly specified as follows:
(1)
Interpretation. Upon appeal from a decision by an administrative official, to decide any question involving the interpretation of any provisions of this chapter, including determination of the exact location of any zone boundary if there is uncertainty with respect thereto.
(2)
Special permits. To issue special permits for any of the uses for which this chapter requires the obtaining of such permits from the Zoning Board of Appeals, but not for any other use or purpose. No such special permits shall be granted by the Zoning Board of Appeals unless it finds that the use for which such permits sought will not, in the circumstances of the particular case and under any conditions that the Board considers to be necessary or desirable, be injurious to the neighborhood or otherwise detrimental to the public welfare.
(3)
Variances.
(a) AREA VARIANCE USE VARIANCE
Definitions. As used in this section:
The authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.
The authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.
(b)
A use variance or area variance shall be granted by the Zoning Board of Appeals only upon a finding pursuant to § 267-b of the Town Law. In granting any variance, the Zoning Board of Appeals shall prescribe any condition that it deems to be necessary or desirable.
C.
Procedure.
(1)
The Zoning 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 Zoning Board of Appeals shall be in writing, on forms prescribed by the Board. Every appeal or application shall refer to the specific provisions of the local law involved, and shall exactly set forth the interpretation that is claimed, the use for which the special permit is sought, or details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as may be the case.
(2)
Every decision of the Zoning Board of Appeals shall be by resolution, each of which shall contain a full record of the findings of the Board in the peculiar case. Each such resolution shall be filed in the office of the Town Clerk, by the case number under one or another of the following headings: interpretation; special permits; variances; together with all documents pertaining thereto. The Zoning Board of Appeals shall notify the Town Board of the Town of Marcellus of each special permit and each variance granted under the provision of this chapter.
(3)
The Planning Board shall act in an advisory role in applications for special permits and variances.
(4)
The applicant for an area or a use variance or for a special permit for an accessory building shall notify by certified mail all property owners within 500 feet of the subject property at least five days prior to the public hearing and shall furnish the Zoning Board of Appeals with post office receipts as proof of notification.