§ 350-196 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 a use variance as set forth in this article.
§ 350-197 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 a use variance.
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.
§ 350-198 Application.
An applicant applying for a use 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. Written testimony, which shall include competent evidence, that is prepared and attested by a qualified professional(s), that explains how the requested variance satisfies all of 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.
C. A site plan that is prepared and sealed by a land surveyor or registered design professional.
D. A short or full EAF, if an environmental review is mandated by SEQRA.
E. Any other information deemed necessary by the designated approval authority to explain the nature of the use variance, its potential environmental impacts under SEQRA, and its consistency with the standards established by this chapter.
§ 350-199 Review by Town Attorney.
Upon receipt of a complete application from the applicant, the Code Enforcement Officer may transmit such application to the Town Attorney for his/her review and recommendations. The cost of such review shall be at the expense of the applicant.
§ 350-200 Validity.
A. Where a use that was authorized by a use 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 use authorized by a use variance shall be deemed a permitted use in the zoning district in which it is located and shall not to be considered a nonconforming or prohibited use.
C. Any use authorized by a use variance and such use ceases to continuously operate for a one-year period shall be considered abandoned, and such variance shall become null and void. 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.
§ 350-201 Conditions imposed upon a use variance.
The designated approval authority may include in a use 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.
§ 350-202 Expiration.
A use variance shall not expire unless the use of land 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.
§ 350-203 Transferable.
A use variance is transferable due to the fact that such variance "runs with the land" since it applies to a use, which such use is not contingent on ownership.
§ 350-204 Revocation.
The designated approval authority is authorized to revoke a use 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 use variance is used for a use other than that for which it was issued.
B. The use variance is used for a lot of record other than that listed in such variance.
C. Conditions and/or limitations set forth in the use 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 a use 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 use variance was issued in error or in violation of this chapter.
