Pawling Town City Zoning Code
ARTICLE VII
Enforcement and Administration
§ 215-48 General provisions.
No board, agency, officer or employee of the Town shall issue, grant or approve any permit, license, certificate or other authorization, including adjustments by the Board of Appeals, for any construction, reconstruction, alteration, enlargement or moving of any building or for any use of land or building that would not be in full compliance with the provisions of this chapter. Any such permit, license, certificate or other authorization issued, granted or approved in violation of the provisions of this chapter shall be null and void and of no effect, without the necessity of any proceeding or revocation or nullification thereof.
§ 215-49 Code Enforcement Officer.
This chapter shall be enforced by the Code Enforcement Officer, who shall be appointed by the Town Board and shall serve at the pleasure of the Town Board at a compensation to be fixed by that body.
The Code Enforcement Officer shall perform such duties as may be required by this chapter and shall maintain a record of all certificates, maps and other forms of record which may be required by this chapter, copies of which shall be made available upon request of any persons having a proprietary or tenancy interest in the property affected, for a fee to be determined by the Town Board.
§ 215-50 (Reserved) [1]
§ 215-51 (Reserved) [1]
§ 215-52 Zoning Board of Appeals.
[Amended 12-8-1992 by L.L. No. 5-1992]
The Board of Appeals shall consist of five members appointed by the Town Board. The Town Board shall designate the Chairman. The Board of Appeals shall appoint a Secretary and shall prescribe rules for the conduct of its affairs.
Reduction of terms. The terms of the members of the Board of Appeals of the Town of Pawling provided for in § 267 of the Town Law of the State of New York shall henceforth be three years each, notwithstanding the provisions of such statute.
Applicability. Current members of the Zoning Board of Appeals of the Town of Pawling whose individual remaining terms are for a period of one year or less shall be eligible for reappointment for a term of three years each on January 1, 1993; those current members whose individual remaining terms are for a period of two years shall be eligible for reappointment for a term of three years each on January 1, 1994; and those current members whose individual remaining terms are for a period of three or four years shall be eligible for reappointment for a term of three years each on January 1, 1995. The successors of all of the above, and all those appointed thereafter, shall be appointed for a term of three years from and after the expiration of the terms of their predecessors in office. If a vacancy shall occur otherwise than by the expiration of a term, it shall be filled by the Town Board of the Town of Pawling by appointment for the unexpired term only.
The Board of Appeals shall have all the powers and duties prescribed by law and by this chapter, which are more particularly specified below:
Interpretation. Upon appeal from a decision of the Code Enforcement Officer, to decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary if there is uncertainty with respect thereto.
Variances. To vary or adopt the strict application of any of the requirements of this chapter 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. In granting a variance, the Board of Appeals shall prescribe any conditions that it deems to be necessary or desirable. No variance from the strict application of any provision of this chapter shall be granted by the Board of Appeals except as provided for in § 267 of Town Law and unless it finds that:
There are special circumstances or conditions, fully described in the findings of the Board of Appeals, applying to such land or buildings and not applying generally to land or buildings in the neighborhood and that said circumstances or conditions are such that strict application of the provisions of this chapter would deprive the applicant of the reasonable use of such land or buildings.
For reasons fully set forth in the findings of the Board of Appeals, 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 of Appeals is the minimum variance that will accomplish the purpose.
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.
Procedure. The 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 Board of Appeals shall be in writing, on forms prescribed by the Board of Appeals and accompanied by a fee to be determined by the Town 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 should be granted, as the case may be. Where placement of buildings is concerned with relation to lot dimensions, a sketch drawn to an accurate scale must accompany the application.
Hearing. The Board of Appeals shall fix a reasonable time for the public hearing of any appeal or other matter referred to it and shall give public notice thereof as follows:
[Amended 7-11-2012 by L.L. No. 2-2012]
Publication in the official newspaper of a notice of such hearing at least 10 days prior to the date thereof.
Notice to property owners. At least seven days before the hearing, the applicant shall mail notice to property owners as follows:
Form and content. Such notice shall include the name of the applicant, the location of the parcel of land and a brief description or identification of the proposal and shall also specify the date, time and place of the public hearing.
Transmittal. Such notice shall be sent by United States Postal Service certified or registered mail to the owners of all lots in the Town which are within 300 feet of the parcel to which the application pertains, which owners and their addresses shall be as indicated in the current Town Tax Assessor's records.
Certification. Prior to or at the time of the public hearing, the applicant shall provide to the Zoning Board of Appeals a copy of the required notice, a list of all the owners to whom such notice was mailed and either an affidavit that the mailing was completed as required herein or copies of all mailing receipts.
Action. 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 of Appeals in the particular case and shall be made within 62 days as required by the law.
[Amended 2-8-2005 by L.L. No. 1-2005]
Referral to County Planning Department. The Board of Appeals shall comply with the provisions of General Municipal Law, Article 12-B, §§ 239-l and 239-m, as amended, by referring to the Dutchess County Planning Department certain applications for variances before final action is taken.
Expiration of appeal decision. Unless otherwise specified by the Zoning Board of Appeals, a decision on any appeal shall expire if the applicant fails to commence and substantially complete work related to the decision within two years of the date of such decision.
[Added 7-11-2012 by L.L. No. 2-2012]