Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official under the provisions of this chapter;

Hear and decide conditional uses in the terms of this chapter;

Authorize, upon appeal, in specific cases such variances from the terms of this chapter as will not be contrary to the public safety, health and welfare and will most clearly accomplish the purpose and intent of this chapter.

Application. A person may apply to the Zoning Administrator for a variance from the height, lot area, lot width, yard regulations, parking space requirements, sign regulations, and distance requirements specified in this chapter. The application shall be made on a form and in a manner prescribed by the Board.

Procedure. The Zoning Administrator or the Administrator's designee shall conduct an informal conference on the application for the variance. Persons who would have standing to appeal pursuant to Article 66B, § 4.08, of the Annotated Code may be present, and the Zoning Administrator shall allow all parties who are present an opportunity to be heard concerning the application. Prior to the informal conference, the Zoning Administrator shall cause the property to be posted with notice of the pendency of the application and the adjoining property owners to be notified of the application by first class mail and the date, time and place of the conference.

Decision. Within 15 days of the conference the Zoning Administrator shall decide the issue raised by the application. The decision shall be in writing and provide a brief explanation of the law and facts which support it. In making the decision, the Zoning Administrator may grant the variance only in cases where the strict compliance with the terms of this chapter would result in practical difficulty or unreasonable hardship which have not been caused by the act of the applicant or the applicant's predecessors in title. The Zoning Administrator shall not grant a variance if to do so would violate the spirit and intent of the regulation, or cause, or be likely to cause, substantial injury to the public health, safety, and general welfare. The Zoning Administrator shall be guided in making this decision by the considerations set forth in § 215-97, Limitations, guides and standards.

Wherein this chapter certain powers are conferred upon the Board of Zoning Appeals, such Board shall study the specific property involved and the neighborhood, cause the property to be posted in a conspicuous place, hold a public hearing, consider all testimony and data submitted and hear any person for or against the application or appeal. However, the application shall not be approved where the health, safety, security, morals, or general welfare would be adversely affected or would result in dangerous traffic conditions or would jeopardize the lives or property of people living in the neighborhood, nor will any action be taken which will be contrary to an adopted plan. (When a question arises as to whether the contemplated action of the Board is contrary to an adopted plan, the Board shall request the advice of the Planning Commission.)

In deciding such matters, the Board shall give consideration, among other things, to the following:

An appeal to the Board of Appeals may be taken by a person aggrieved by any officer, department or bureau of the Town of New Windsor or any person affected by any order, requirement, decision or determination by a governmental officer, department, board or bureau based in whole or in part upon the provisions of this chapter.

Such appeal shall be filed with the Zoning Administrator and the Board of Appeals within 30 days from the decision being appealed from. Upon appeal, the Zoning Administrator shall transmit to the Board of Appeals all papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from unless the Zoning Administrator certifies to the Board that a stay would, in his or her opinion, cause imminent peril to life or property. The Board shall fix a reasonable time for the hearing of the appeal, give not less than 10 days' public notice thereof by the posting of not less than one sign of at least three square feet in area, containing notice of the hearing in a conspicuous place on or near the property upon which application for appeal is made and advertise in a weekly or daily paper of general circulation in the Town. A letter shall be sent to adjoining property owners informing them of the hearing before the Board. Upon the hearing, any party may appeal in person, by agent or by attorney.

The concurring vote of two members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Administrator or to decide in favor of the applicant upon any matter which it is required to pass under any such ordinance or to effect any variation in such ordinance.

A fee in an amount established by the Council by resolution shall be paid to the Zoning Administrator at the time the notice of appeal is filed to the credit of the general revenue fund of the Town of New Windsor.

The fee is not applicable to nor in lieu of the appropriate zoning certificate.

Use of building permitted by Board to be established within six months. No order of the Board permitting a use of a building or premises shall be valid for a period longer than six months, unless such use is established within such period; provided, however, that where such use permitted is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a zoning certificate for said erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

No order of the Board which approves a request for conditional use and which authorizes the erection of a building or buildings shall be valid for a period of more than 18 months unless the project has received site plan approval or a zoning certificate within that time.