§ 350-188 General.
The Zoning Board of Appeals is hereby appointed by the Town Board as the designated approval authority as it pertains to denying or granting an area variance as set forth in this article.
§ 350-189 Procedure.
The designated approval authority shall conform to the procedures prescribed in § 267-b of the Town Law of NYS, as currently in effect and as hereafter amended from time to time, as it pertains to its actions on an application for an appeal.
A. Integration of procedures. Whenever a particular application requires multiple review(s) and approval(s), the designated approval authority shall integrate, to the extent practicable and consistent with any applicable law, his, her or their review and approval process.
§ 350-190 Application.
An applicant applying for an area variance shall submit a complete application to the Code Enforcement Officer, along with any applicable fee and payment of incurred costs. Such application shall be in writing, on a form furnished by the Town for that purpose. At a minimum, such application shall contain all of the following:
A. The applicant's contact information and signed consent to the filing of this application.
B. A detailed statement of need that will aid the designated approval authority in their review and comprehension of the application.
C. A detailed statement that explains the requested area variance(s) against the factors set forth in § 267-b of the Town Law of NYS, as currently in effect and as hereafter amended from time to time.
D. A site plan prepared and sealed by a land surveyor or registered design professional. Exemption(s):
(1) An existing survey, which is certified by a land surveyor or registered design professional, of the lot of record that is the subject of such variance can be substituted in lieu of a new site plan. (Note: Tax Maps maintained by the county are not legal instruments and cannot act as a substitute for legally recorded maps, surveys, or other documents.)
E. A short or full EAF, if an environmental review is mandated by SEQRA.
F. Any other information deemed necessary by the designated approval authority to explain the nature of the area variance, its potential environmental impacts under SEQRA, and its consistency with the standards established by this chapter.
§ 350-191 Validity.
A. Where any work that was authorized by an area variance has not commenced within one year of the date of such variance's issuance, such variance shall become null and void and all rights thereunder shall terminate. Exemption(s):
(1) The Code Enforcement Officer is authorized to grant, in writing, one or more extensions of time, for periods not more than one year each. The extension shall be requested in writing by the owner and justifiable cause demonstrated.
B. Any land or structure authorized to be established or built pursuant to an area variance shall be deemed lawful at the zoning district in which it is located and shall not be considered an unlawful lot of record or structure.
§ 350-192 Conditions imposed upon an area variance.
The designated approval authority may include in an area variance such terms and conditions as he, she or they deem necessary or appropriate to ensure safety or to further the purposes and intent of this chapter.
§ 350-193 Expiration.
An area variance shall not expire unless the scope of the work proposed in the application is not operated or completed within one calendar year from the date of issuance. The Code Enforcement Officer is authorized to grant, in writing, one or more extensions of time, for periods not more than one calendar year each. The extension shall be requested by the owner and justifiable cause demonstrated.
§ 350-194 Transferable.
An area variance is transferable due to the fact that such variance "runs with the land" since it applies to a lot of record and/or structure, which such lot of record and/or structure is not contingent on ownership.
§ 350-195 Revocation.
The designated approval authority is authorized to revoke an area variance issued under the provisions of this article when it is found, by inspection or otherwise, that there has been a false statement or misrepresentation as to the material facts in the application or documents on which such variance was based, including, but not limited to, any one of the following:
A. The area variance is used for a lot of record and/or structure other than that for which it was issued.
B. The area variance is used for a lot of record and/or structure other than that listed in such variance.
C. Conditions and/or limitations set forth in the area variance have been violated or not satisfied.
D. There have been any false statements or misrepresentations as to the material fact in the application for an area variance or any attached documents.
E. The owner failed, refused or neglected to comply with orders or notices duly served in accordance with the provisions of this chapter within the time provided therein.
F. The area variance was issued in error or in violation of this chapter.
