The Town of Stillwater has created a Zoning Board of Appeals pursuant to § 267 of the Town Law. Such Board shall consist of five members, to serve for overlapping five-year terms. The Chairperson of the Board shall be one of the five members and shall be designated as such by the Town Board. The Town Board shall appoint the members and the Chairperson of the Zoning Board of Appeals. The Zoning Board of Appeals shall elect a Vice Chairperson from its membership and shall establish rules for the conduct of its offices.

The Zoning Board of Appeals shall have the power to make, adopt, and promulgate such written rules of procedure, bylaws, and forms as may be provided for in § 267 of the Town Law for the proper execution of its duties and to secure the intent of this chapter. Such rules, bylaws and forms shall not be in conflict with, or have the effect of waiving, any provisions of this chapter or any other ordinance, law or regulation of the Town of Stillwater. Such rules, bylaws and forms, and any subsequent amendments or supplements thereto, shall be submitted to the Town Board by the Board of Appeals for approval and filing for public view. The Town Board may approve, reject, or modify such rules or bylaws within 60 days of submission. If modified by the Town Board, such modified rules or bylaws shall be in effect. If rejected, it shall be the Zoning Board of Appeals' responsibility to submit new or revised rules and bylaws for approval.

The Zoning Board of Appeals shall have the duties, rights, powers and functions conferred upon it by § 267 of the Town Law and any other provisions of law applicable thereto, including the following.

The Zoning Board of Appeals shall act in strict accordance with the procedures specified in this chapter and the Town Law. All appeals and applications made to the Zoning Board of Appeals shall be in writing, on forms prescribed by the Board. Every appeal or application shall refer to the specific provision of the law involved and shall exactly set forth the interpretation that is claimed, the grounds for a use or area variance, as the case may be. Each application for a use or area variance shall be accompanied by a proposed site plan, at an appropriate scale, meeting the requirements for a site plan submission in Article IV of this chapter. The Zoning Board of Appeals may waive or vary submission requirements as it sees fit.

Each application to the Zoning Board of Appeals for a variance shall be accompanied by a fee as set by the Town Board. Applications for interpretations shall not require a fee.

Every decision by the Zoning Board of Appeals shall be by resolution, each of which shall contain a full record of the findings of the Zoning Board of Appeals in the particular case. Each such resolution, together with all documents pertaining thereto, shall be filed promptly in the office of the Town Clerk by the Secretary of the Zoning Board of Appeals, by case number, under one of the following headings: use variance, area variance, or interpretation.

Prior to making a final decision on a variance, interpretation or extension of a nonconforming use, the Zoning Board of Appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it and give public notice thereof by publication in the official paper of a notice of such hearing, at least 10 days prior to the date thereof, and shall, at least five days before such hearing, mail or hand-deliver, at the discretion of the Code Enforcement Officer, notice thereof to the parties, and shall decide the same within 60 days after the final hearing. Upon the hearing, any party may appear in person or by agent or by attorney. The Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from as, in its opinion, ought to be made in the premises and to that end shall have all powers of the officer from whom the appeal is taken.

At least 30 days before the date of public hearing held in connection with any application for a variance, the Zoning Board of Appeals may, at its discretion, transmit to the Planning Board a copy of said application and by such transmittal request that the Planning Board submit to the Zoning Board of Appeals its advisory opinion on said application. The Planning Board shall submit a report of such advisory opinion prior to the date of said public hearing. The failure of the Planning Board to submit such report shall be interpreted as a "no recommendation" opinion by the Planning Board.

The Zoning Board of Appeals shall notify the Town Board, Code Enforcement Officer and Planning Board of each variance, and interpretation granted under the provisions of this chapter.

Interpretation. On direct appeal from a determination of the Code Enforcement Officer, the Zoning Board of Appeals may hear and decide questions where it is alleged there is an error in any order, requirement, decision or determination made by the Code Enforcement Officer involving the interpretation of any provision of this chapter. Prior to taking final action, the Zoning Board of Appeals may, at its discretion, submit an application for interpretation to the Planning Board for its recommendation. Failure of the Planning Board to reply within 30 days after receipt of the application will be construed as its having no recommendation to submit in regard to the interpretation.

Use and area variances. The Zoning Board of Appeals, on appeal from the decision or determination of the Code Enforcement Officer, shall have the power to grant use and area variances. The procedure and criteria for review of use and area variances are found in Article XVIII of this chapter.