Nichols Town City Zoning Code
ARTICLE VI
Appeals, Special Use Permits and Variances
[Amended 12-11-1990 by L.L. No. 4-1990]
§ 194-43 Zoning Board of Appeals.
[Amended 3-27-2013 by L.L. No. 2-2013]
A.
Decisions made by the Code Enforcement Officer on the enforcement of this chapter may be appealed to Zoning Board of Appeals.
B.
The Zoning Board of Appeals shall be composed of three members, including the Chairperson, appointed by the Town Board. The term of office of members of the Zoning Board of Appeals shall be three years and may be renewed; the term of the Chairperson shall be for one year and may be renewed. Initially, however, the terms of the members of the Zoning Board of Appeals shall be one year, two years or three years in order to provide for staggering of appointments. The Zoning Board of Appeals shall select, from its members, a Secretary and shall prescribe rules for the conduct of its affairs. The Town Board may also appoint alternate members to the Zoning Board of Appeals in accordance with Town Law § 267, Subdivision 11.
[Amended 5-28-2024 by L.L. No. 2-2024]
C.
Appeals to the Zoning Board of Appeals shall be in writing and submitted through the Town Clerk. On matters involving the interpretation of any provision of this chapter, the decision of the Board of Appeals shall be final. Similarly, the Board of Appeals shall decide what is or is not a business, industry, agricultural enterprise, or residential unit should there be any ambiguity on the subject in this chapter. The Board of Appeals shall decide upon appeals as set forth in Town Law § 267-a.
§ 194-44 Home-based businesses.
The establishment of businesses such as doctor's and dentist's offices, architect's offices, hair dressing salons, bakeries, repair shops, and similar activities in dwelling units in noncommercial, nonindustrial residential and agricultural districts shall be governed by the following provisions:
A.
The person wishing to establish such a business shall apply, through the Code Enforcement Officer, to the Zoning Board of Appeals for a permit. The application form is available from the Code Enforcement Officer and is to be submitted to him/her with the required appropriate signatures and a fee, said fee to be established by the Town Board and to be used to cover such costs as the publication of legal notice.
B.
The Code Enforcement Officer will, within two weeks after he/she receives it, submit the application form to the Zoning Board of Appeals.
C.
After public notice and hearing, the Zoning Board of Appeals will make a decision on the application within 45 days after it receives it. If the decision is to issue a permit, the Zoning Board of Appeals will indicate in the permit the conditions under which the proposed business may operate. Any violation of those conditions will be a violation of this chapter and will subject the property owner to appropriate penalties and/or revocation of the permit.
D.
Permits may be permanent or for a specified period only. At the end of that period, the permit will be reviewed by the Zoning Board of Appeals and a decision made as to whether to renew the permit.
E.
Residential units used for home-based businesses must be occupied and used as homes by their owners.
§ 194-45 Special use permits.
Requests for other special permits shall be governed by the following provisions:
A.
Application for the special permit shall be made, through the Code Enforcement Officer, to the Zoning Board of Appeals. The application form is available from the Code Enforcement Officer and is to be submitted to him with the required fee, said fee to be established by the Town Board and to be used to cover such costs as the publication of legal notice.
B.
The Code Enforcement Officer will, within two weeks after he/she receives it, submit the application form to the Zoning Board of Appeals.
C.
The Zoning Board of Appeals shall hold a public hearing and decide upon the application as set forth in Town Law § 274-b. If the decision is to issue a permit, the Zoning Board of Appeals will indicate in the permit conditions under which the requested use will be permitted. Any violation of those conditions will be a violation of this chapter and will subject the property owner to appropriate penalties and/or revocations of the permit.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D.
Permits may be permanent or for a specified period only. At the end of that period, the permit will be reviewed by the Zoning Board of Appeals and a decision made as to whether to renew the permit.
§ 194-46 Variances. [1]
The Zoning Board of Appeals, on appeal from a decision or determination of the Code Enforcement Officer, shall have the power to grant use and area variances in accordance with guidelines set forth in Town Law § 267-b. The Board of Appeals, in the granting of use and area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
§ 194-47 Consistency with and effect on other provisions.
The granting of special permits and variances will be in harmony with the intent and purpose of this chapter and will not constitute, in effect, an amendment of any district regulation or boundaries.