Royalton Town City Zoning Code
ARTICLE IX
Zoning Board of Appeals
§ 200-70 Continuation; appointments.
The previously existing Zoning Board of Appeals is hereby continued in office, and its members shall continue to serve their appointed terms. Future appointments shall continue to be governed by § 267 of the Town Law, as the same may be amended or revised.
§ 200-71 Powers and duties.
The Zoning Board of Appeals shall have all the powers and duties prescribed by the Town Law and this chapter, which powers and duties, as related to zoning, are summarized and more particularly specified in the following §§ 200-72 through 200-75.
§ 200-72 Interpretations.
The Zoning Board of Appeals shall decide any question involving the interpretation of any provision of this chapter upon an appeal from a decision by the Zoning Enforcement Officer.
§ 200-73 Variances.
The Zoning Board of Appeals shall hear any request for a variance and may, in specific instances, grant such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions or circumstances, a literal enforcement of the provisions of this chapter would result in unnecessary hardship with respect to use variances or practical difficulties with respect to area variances and so that the spirit of this chapter shall be observed and substantial justice done. In granting any variance, the Board of Appeals may prescribe any condition applying thereto that it may deem necessary or desirable.
§ 200-74 Special uses.
The Zoning Board of Appeals shall hear and decide any request for a special use permit as required by this chapter. Where required by this chapter or where deemed desirable by the Board of Appeals, a special use permit shall be limited in time to permit periodic review in light of the established character of the permitted operation and its effect upon the community and in view of changing conditions. Where maximum periods for such reviewable permits are stated herein, the Board may require shorter, but not longer, periods. After 75% or such other percentage as may be specified, of the permit time has elapsed, an application for renewal of the permit may be submitted. Unless otherwise specifically provided, such renewal will be processed in a similar manner as new permits with advertising and public hearing required. Prior to renewing such a permit, the Zoning Enforcement Officer shall report as to compliance with the specific requirements of the permit. Such report shall be entered into the record and given due consideration relative to the request for renewal and the appropriate renewal period.
§ 200-75 Temporary conditional use permit.
The Zoning Board of Appeals, in specific cases, after due notice and public hearing, and subject to appropriate conditions and safeguards, determine and vary the application of the provisions of this chapter in harmony with the general purposes and intent by granting temporary conditional use permits for such periods of time as shall be appropriate with regard to the circumstances of each particular case, for structures and uses in contravention of the requirements of this chapter, provided such uses are not prejudicial or injurious to adjoining and neighboring properties, and provided further that the public convenience and welfare will be substantially served thereby. Such permits may be personal, subject to plenary renewal, upon transfer of ownership of the property.
§ 200-76 Application and appeal procedures.
A.
Application.
(1)
Interpretation. An appeal for interpretation of a decision of the Zoning Enforcement Officer may be taken by any aggrieved person. Such appeal shall be taken within 60 days of the decision by filing with the officer from whom the appeal is taken and with the Zoning Board of Appeals, a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Zoning Board of Appeals all papers related to the appeal.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2)
Variance. An appeal for a variance may be taken by a person qualified to receive a building or occupancy permit after denial of a permit by the Zoning Enforcement Officer.
(3)
Special use permit/temporary conditional use permit. An application for a special use permit or temporary conditional use permit is not an appeal and may be made directly to the Zoning Board of Appeals. If the Zoning Enforcement Officer determines that a building permit cannot be issued without such special approval, the applicant shall be referred to the Zoning Board of Appeals and a report of this determination shall be made by the Zoning Enforcement Officer to the Board at or before the next regularly scheduled meeting.
B.
Form of application. All appeals and applications made to the Zoning Board of Appeals shall be in writing on forms approved by the Board, and each appeal or application shall fully set forth the circumstances of the case. Every appeal or application shall refer to the specified provision of the section or portion of this chapter involved and shall exactly set forth, as the case may be, the following:
(1)
The interpretation that is claimed.
(2)
The details of the variance that is applied for and the grounds on which it is claimed that the same should be granted. For area variances, the application must state why the applicant feels that the applicable zoning regulations and restrictions have caused unnecessary hardship. For use variances, the application must state why the applicant feels there is unnecessary hardship.
(3)
The use or change in requirements for which the special use is sought.
C.
Fees. Appeals and applications requiring public notices shall be accompanied by a fee to be determined from time to time by appropriate resolution of the Town Board.
D.
Public notice. The Zoning Board of Appeals shall fix a time and place for a public hearing on each special use and temporary conditional use permit application or variance appeal, and shall give notice thereof as follows:
(1)
By advertising in the newspaper in the manner prescribed by Town Law.
(2)
By sending a notice by regular mail to the owners of the properties within 300 feet of the property affected.
(3)
By notifying any Town citizen or a group of citizens who may have registered their names and addresses for this purpose with the Board.
E.
Those applications for special use permits requiring site plan approval shall first be referred to the Planning Board for review in accordance with Article XI. An adequate time for such review shall be afforded to the Planning Board before the public hearing is scheduled.
F.
Hearings. The hearings of the Zoning Board of Appeals shall be held at the call of the Chairman. The Chairman or, in his absence, the Acting Chairman, may administer oaths and compel the attendance of witnesses. The Board shall keep minutes of its proceedings showing a vote of each member on every question and shall keep records of its examinations and other official actions which shall be filed with the Town Clerk and shall be considered a public record.
G.
Decisions. Every decision of the Zoning Board of Appeals shall be by resolution indicating the vote of each member and any conditions attached to an approval.
H.
The Zoning Board of Appeals shall issue to the applicant a true copy of the resolution wherein a special use permit, temporary conditional use permit, or variance is granted, and the Zoning Enforcement Officer shall issue required permits in accordance with such resolution. The Board may rescind, cancel, or revoke any such resolution for any violation of the conditions imposed. In the event of a rescission, cancellation, or revocation of such resolution, the Board shall promptly notify the owner of the property in question and the Zoning Enforcement Officer so that the latter may take appropriate action.