Tully Town City Zoning Code
§ 280-14
Board of appeals.
A.
Organization. The Board of Appeals shall consist of five members, all residents of the Town of Tully, to be appointed by the Town Board for staggered terms of five years. One member shall be designated by the Town Board to serve as Chairperson. If a vacancy shall occur, the Town Board shall appoint a successor who shall serve for the unexpired portion of the term of his predecessor.
B.
Duties and powers. The Board of Appeals shall have the duties and powers conferred upon it by Town Law § 267, and this chapter, including the duties and powers:
(1)
To hear and decide appeals from, and review any order, requirement, decision or determination made by the Zoning Administrator and to reverse, affirm or modify the order, requirement, decision or determination so that it will conform to the provisions of this chapter.
(2)
To vary or modify the application of any of the regulations or provisions of this chapter if there is an express finding, pursuant to the § 267(1)(a) for a use variance, or § 267(1)(b) for an area variance, that there are unnecessary hardships in the way of carrying out the strict letter of this chapter or that the applicable criteria set forth in such sections have otherwise been satisfied.
C.
Procedure. The Board of Appeals shall strictly comply with the requirements of Town Law and this chapter as to hearings, notice and procedure, and referrals to County Planning. In addition, the notice provisions of § 280-18 hereof shall apply to all variance applications. Each appeal or application made to the Board shall be in writing and shall refer to the provision of this chapter that is involved. It shall exactly set forth the interpretation claimed, the use for which authorization is sought, or the variance that is applied for, and the grounds for the proposed action of the Board of Appeals.
D.
Decision. Every decision of the Board of Appeals shall be by resolution which shall set forth the findings of the Board in the particular case. Within five days after the day it is rendered, each such resolution, together with all documents pertaining to it, shall be filed in the office of the Town Clerk as either an interpretation, or variance. The Board of Appeals shall notify the Zoning Administrator of each variance and of each interpretation made under the provisions of this chapter.