Owego City Zoning Code
ARTICLE XV
Board of Appeals
§ 125-70 Creation, appointment and organization.
[Amended 9-1-1970]
A Board of Appeals is hereby created. Said Board shall consist of five members to serve for overlapping five-year terms, to be appointed by the Town Board. Vacancies shall be filled in like manner; provided, however, that an unexpired term shall be filled for such unexpired term only. The Board shall appoint a Secretary and shall establish rules for the conduct of its affairs.
§ 125-71 Powers and duties.
[Amended 5-21-1958]
The Board of Appeals shall have all the power and duties prescribed by law and by this chapter, which are more particularly specified as follows:
A.
Interpretation. Upon appeal from a decision by an administrative official or upon request of the Town Board, the Board of Appeals shall decide any question involving the interpretation of any provision of this chapter, including but not limited to the determination of the exact location of a district boundary or the applicable zoning district of a particular area.
[Amended 3-20-1979]
B.
Use permits.
(1)
To issue special permits for any of the uses for which this chapter requires the obtaining of such permits from the Board of Appeals or for the extension of a building or use, as such existed at the time of the passage of this chapter, into a contiguous more restricted district for a distance not exceeding 30 feet, but not for any other use or purpose.
(2)
No such special permit shall be granted by the Board of Appeals unless it finds that the use for which such permit is sought will not in the circumstances of the particular case and under any condition that the Board considers to be necessary or desirable be injurious to the neighborhood or otherwise detrimental to the public welfare.
(3)
A special permit use shall be issued only if such permit use complies with the following general standards:
[Amended 9-1-1970]
(a)
Each special permit use must comply with the regulations of this chapter for the district within which it is to be located.
(b)
Each special permit use shall be of such character, intensity, size and location that it will be in harmony with orderly development of the district in which it is to be located.
(c)
Each special permit use may be located only in the district or districts permitted for such special permit use.
(d)
The location, nature and height of buildings, walls and fences will not discourage the appropriate development and use of adjacent land and buildings or impair their value.
(4)
In issuing a special permit, the Board shall impose any conditions which it deems necessary, such as wall fencing and landscaping, to protect the value of adjacent properties and to provide orderly development of the surrounding area. The Board shall deny an application for a special permit which, in its judgment, is not in accordance with the general standards and would prove detrimental to adjacent properties.
(5)
A special permit is not transferable, shall authorize only one special use and shall expire if the special use ceases for more than three months for any reason.
[Added 9-1-1970]
C.
Variance.
(1)
To vary or adapt the strict application of any of the requirements of this chapter, especially in the case of exceptionally irregular, narrow, shallow or steep lots or other exceptional physical conditions whereby such strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved, but in no other case.
(2)
No variance in the strict application of any provision of this chapter shall be granted by the Board of Appeals unless it finds that:
(a)
There are special circumstances or conditions, fully described in the findings, applying to the land or building for which the variance is sought, which circumstances or conditions are peculiar to such land or buildings in the neighborhood, and that said circumstances or conditions are such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of such land or building.
(b)
For reasons fully set forth in the findings, the granting of the variance is necessary for the reasonable use of the land or building and that the variance as granted by the Board is the minimum variance that will accomplish this purpose.
(c)
The granting of the variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
§ 125-72 Procedures.
[Amended 5-21-1958]
A.
The Board of Appeals shall act in strict accordance with the procedures specified by law and by this chapter. All appeals and applications made to the Board shall be in writing, on forms prescribed by the Board. Every appeal or application shall refer to the specific provision of the chapter involved and shall exactly set forth the interpretation that is claimed, the use for which the special permit is sought or the details of the variance that is applied for and the grounds on which it is claimed that the variance shall be granted, as the case may be.
B.
An application for a special use permit shall be accompanied by three sets of preliminary plans, and other descriptive matter, to portray clearly the intentions of the applicant. These documents shall become a part of the record. Such plans shall show the location of all buildings, parking, access and circulation, open space, landscaping and other information necessary to determine if the proposed special use meets the requirements of this chapter. (See § 125-53.)
[Added 9-1-1970]
C.
Except as to applications for permits for the following uses: home occupation, pursuant to §§ 125-10, 125-12, 125-14 and 125-16, and mobile homes and kennels, pursuant to § 125-16, at least 30 days before the date of the public hearing required by law on an appeal or application to the Board of Appeals, the Secretary of said Board shall transmit a copy of the notice of the aforesaid public hearing to the Planning Board of the Town of Owego. In the event that the Planning Board of the Town of Owego fails to make a report to the Board of Appeals in connection with any such application or other matter transmitted to it, within said 30 days, then in such event it shall be deemed that such Planning Board shall have given its consent to such appeal or application.
[Amended 9-1-1970; 7-3-1973; 9-17-1974]
D.
Every decision of the Board of Appeals shall be by resolution, each of which shall contain a full record of the findings of the Board in the particular case. Each such resolution shall be filed in the office of the Town Clerk, by case number, under one or another of the following headings: interpretations, special permits or variances, together with all documents pertaining thereto. The Board of Appeals shall notify the Town Board and Town Planning Board of each special permit and each variance granted under the provisions of this chapter.
[Amended 9-1-1970; 7-3-1973]