Somerset Town City Zoning Code
ARTICLE XVIII
Board of Appeals
§ 205-68 Creation, appointment and organization.
A Board of Appeals is hereby created. Said Board shall consist of five members appointed by the Town Board, which shall also designate a Chairman. No person who is a member of the Town Board shall be eligible for membership on such Board of Appeals. Of the members of the Board first appointed, one shall hold office for the term of one year, one for the term of two years, one for the term of three years, one for the term of four years and one for the term of five years from and after his appointment. Their successors shall be appointed for the term of five years from and after the expiration of the terms of their predecessors in office. If a vacancy shall occur otherwise than by expiration of term, it shall be filled by the Town Board by appointment for the unexpired term.
§ 205-69 Powers and duties.
A.
The Board of Appeals shall have all the powers and duties prescribed by Chapter 62, §§ 267-a and 267-b, of the Town Law of the State of New York and by this chapter, which powers and duties are more particularly specified as follows:
[Amended 9-10-1996 by L.L. No. 2-1996]
(1)
Interpretation. Upon appeal from a decision by an administrative official, 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.
(2)
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. No variance in the strict application of this chapter shall be granted by the Board of Appeals unless it finds:
(a)
That there are special circumstances or conditions, fully described in the findings of the Board, 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.
(b)
That, for reasons fully set forth in the findings of the Board, the granting of the variances 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)
That 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.
(3)
Special permits. To issue special permits for ponds.
[Added 8-8-2000 by L.L. No. 3-2000]
B.
In granting any variance, the Board of Appeals shall prescribe any conditions that it deems to be necessary or desirable.
§ 205-70 Appeal procedure.
[Amended 12-10-2002 by L.L. No. 6-2002]
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 shall be in writing, on forms prescribed by the Board and available from the Code Enforcement Officer. Every appeal or application shall refer to the specific provision of the chapter involved and shall exactly set forth the interpretation that is claimed 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.
§ 205-71 Board of Appeals office.
[Amended 9-10-1996 by L.L. No. 2-1996]
The office of the Town Clerk shall be the office of the Board of Appeals, and every rule, regulation, amendment or repeal thereof and every order, requirement, decision or determination of the Board shall be filed within five days in said office as required by § 267-a of the Town Law of the State of New York.
§ 205-72 Notice of Board hearings.
[Amended 9-10-1996 by L.L. No. 2-1996]
The Board shall fix reasonable time for the hearing of appeals and shall give due notice of the time set for the hearing to the applicant and to state and county agencies as may be required by § 267-a of the Town Law. Public notice shall be by the publication of a notice in the official newspaper of the Town, pursuant to law, and shall briefly describe the nature of the appeal and the time and place of the hearing. The Town Clerk will send notice of application for variance to owners of property adjacent to the affected property according to latest assessment roll on file with the Town. Failure of notification shall in no way affect the legality of these proceedings.