Wheatland City Zoning Code
ARTICLE VIII
Board of Appeals
§ 130-63 Organization and general procedure.
B.
The Board shall have all the powers and duties prescribed by law and by this chapter.
C.
The Board shall appoint a Secretary and shall prescribe rules for the conduct of its affairs.
D.
All meetings of the Board of Appeals shall be open to the public. A quorum shall consist of three members.
E.
Every decision by the Board shall be by resolution and shall contain a full record of the findings of the Board in the particular case.
§ 130-64 Applications; public hearing procedure.
[Amended 2-1-2007 by L.L. No. 1-2007]
A.
Applications for any action by the Board of Appeals shall be submitted in the form required by the Board and filed in the municipal office.
B.
The Board of Appeals shall follow the procedures of Town Law § 267-a in conducting public hearings and providing notice thereof.
C.
No action shall be taken on applications referred to the Monroe County Department of Planning until the Department's recommendation has been received or 30 days have elapsed after the Department received the full statement on the applicant's proposal.
D.
The fee for an application to the Board of Appeals, other than a request from the Building Inspector, shall be as set by the Town Board; and set forth in the Schedule of Fees.
§ 130-65 Appeals as to interpretation of zoning provisions.
The Board of Appeals shall, upon appeal, hear and decide any matter where the applicant alleges that the Building Inspector was in error in refusing to issue a building permit or certificate of occupancy as a result of misinterpreting the meaning, intent or application of any section or part of this chapter.
§ 130-66 Variances.
A.
General powers. The Board of Appeals shall have the power of passing on appeals to vary or modify the application of the regulations or provisions of this chapter where, as a result of exceptional physical conditions connected with a particular site there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter that would deprive the owner of the reasonable use of the land or building involved. The Board of Appeals shall apply the criteria and conditions set forth in Town Law § 267-b.
[Amended 8-7-1978; 2-1-2007 by L.L. No. 1-2007]
B.
Guiding principles.
(1)
Every decision by the Board of Appeals granting a variance shall clearly set forth the nature and extent of such variance.
(2)
Every variance granted by the Board of Appeals may be made subject to such additional conditions and safeguards as the Board shall deem to be applicable to the particular case. Violations of such conditions and safeguards that are a part of the Board's decision shall be deemed a violation of this chapter, punishable under the provisions of § 130-75.
(3)
Any variance granted by the Board of Appeals pursuant to the provisions of this section shall be construed to be a nonconforming use.
C.
General standards. For every such variance in the strict application of any provision of this chapter, the Board of Appeals shall determine that:
(1)
Strict application of the chapter would cause practical difficulties or unnecessary hardships which, under the circumstances, would deprive the applicant of the reasonable use of such land or buildings.
(2)
Such practical difficulties or unnecessary hardships are unique and are not shared by all properties in the vicinity.
(3)
Such practical difficulties or unnecessary hardships are not self-imposed.
(4)
Such variance is the minimum variance that will relieve such practical difficulties or unnecessary hardships.
(5)
Such variance is in the spirit of the general purposes and intent of this chapter as stated in § 130-2.
(6)
Such variance is so designed as to provide reasonable consideration to, among other things, the character of the neighborhood or district, the conservation of property values in the vicinity and the guidance of building development in accordance with the Comprehensive Plan.
(7)
Such variance does not involve substantial detriment to the public welfare and does not substantially impair the intent and purpose of the zone plan and of this chapter.
D.
Specific types of variances. In the instances of the following types of variances, the Board of Appeals is hereby specifically empowered to grant the variance pursuant to the guiding principles and general standards stated in Subsections B and C above and to the following provisions:
(1)
With respect to lots lying across district boundary lines, to grant a permit, in appropriate cases, where the lot of the applicant, as such lot existed on the effective date of this chapter, lies across the boundary of two districts, for the extension into the more restrictive district of a lawful conforming use permitted in the less restrictive district, but for a distance not exceeding 50 feet measured at right angles to such district boundary line.
(2)
With respect to nonconforming uses, buildings and lots:
(a)
To grant a permit for the enlargement or extension of a nonconforming use or building on the lot occupied by such use or building on the effective date of this chapter, provided that:
[1]
Such enlargement or extension was arranged, intended or designed for such nonconforming use or building on the effective date of this chapter.
[2]
Such enlargement or extension shall not exceed, in all, exclusive of foundations, 50% of the replacement cost of the existing building on the effective date of this chapter.
(b)
To grant a permit for the reconstruction, structural alteration, restoration or repair of a building or structure used for a nonconforming use, to an extent exceeding, in aggregate, 50% of the replacement cost of such building or structure, exclusive of foundations.
(c)
To grant a certificate of occupancy for a change in nonconforming use, provided that:
(3)
With respect to yard requirements, to grant a variance modifying the yard requirements of a nonconforming lot which qualifies under the terms of § 130-54D as to ownership, but where compliance with the dimensional provisions of the chapter is infeasible.
(4)
With respect to fences, walls and hedges, to grant a permit, in appropriate cases, for a higher fence, wall or hedge than the maximum heights stipulated in § 130-30.
(5)
With respect to accessory parking and truck loading spaces:
(a)
To waive the requirements of § 130-38 for off-street parking and truck loading spaces, in whole or in part, in a case where the municipality owns or operates a public parking and/or truck loading area within 500 feet of the lot and where the Board of Appeals determines that there is no need for additional facilities.
(b)
To waive the requirements of § 130-38 for off-street parking and/or truck loading spaces, in whole or in part, after making a finding that the normal application of such requirements is infeasible because:
(c)
To permit a reduction in the number of off-street parking spaces and/or truck loading spaces originally required and installed for a particular use pursuant to § 130-38 in cases where the Board of Appeals determines that, by reason of diminution in number of dwelling units or residents, floor area, seating capacity or area, number of employees or change in other factors determining the demand for such spaces, the proposed reduction in available spaces will be consistent with the requirements of § 130-38, and further provided that the area so withdrawn from these uses remains in reserve for potential future increases in need.
(6)
With respect to temporary building permits:
(a)
To grant a temporary building permit for a period not to exceed one year for a nonconforming building, structure or use incidental to a building or other construction project, including such uses as the storage of building supplies and machinery, a real estate office or model house located on or near a tract of land where individual properties are being offered for sale, provided that:
[1]
Such temporary permit shall be issued only upon written agreement by the owner or his agent to remove such building, structure or use or to convert it to a conforming use upon expiration of the permit;
[2]
Such permit shall be subject to such reasonable conditions as said Board of Appeals shall determine to be necessary to protect the public health, safety, morals or general welfare.
(b)
Such permit may be renewed annually, at the direction of the Board of Appeals, for not more than two additional years.