MapLink™ | Procedures | Zoning Board of Appeals (Procedure Timelines and Costs)

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Zoning Board of Appeals (Procedure Timelines and Costs)
Hearings; notices; decisions; costs.
A. Hearing. The Zoning Board of Appeals shall fix a reasonable time for the hearing of any application for variance, the hearing of an appeal for administrative review or the application for a special use permit.
B. Notice. The Zoning Board of Appeals shall give public notice of any application for a variance, for the hearing of appeal for administrative review or for the hearing of any application for a special use permit in the following manner:
(1) By the publication in the official paper of a notice of such hearing at least 10 business days prior to the date thereof
(2) By mail.
(a) By mailing notices of such hearing at least 10 business days before the hearing to:
[1] The parties.
[2] The regional state park commission having jurisdiction over any state park or parkways within 500 feet of the property affected by such appeal.
[3] The clerk of an adjacent town or village located within 500 feet of the property affected by such appeal.
[4] All persons, firms or corporations owning property or residing within 200 feet of the location of the property affected by such appeal.
[5] The Yates County Planning Board when required by § 239-m of the General Municipal Law.
(b) This mailing shall be by certified mail, without return receipt.
(3) The notice shall contain the following information:
(a) The name of the applicant.
(b) The location of the property.
(c) The relief requested in specific detail to inform the public of the actual relief, if granted. For area variance applications, this notice shall state, at a minimum, the dimensional or physical requirements of this chapter the applicant wants to vary along with a statement of how, specifically, the applicant wants to vary such requirements. For use variance applications, this notice shall state, at a minimum, the specific use the applicant wants to conduct on the property that is not permitted by this chapter.
(d) The time and place of the meeting at which the application will be heard.
(e) A statement that the full application may be examined at the Town office and the times when the office is open for that purpose.
C. Decisions. At the hearing, any party may appear in person or by agent or by attorney, and the Zoning Board of Appeals shall decide the application for variance, appeal for administrative review or the application for a special permit within 60 days after the final hearing, as provided by Town Law, § 267, Subdivision 5.
D. Costs. All costs of such publication and notice shall be paid by the applicant.

Time limits for action.
If the variance is granted or the issuance of a permit is finally approved, or other action by the appellant or applicant is authorized, the necessary permits shall be subject to the terms of § 160-65F. Should the appellant or applicant fail to comply with these provisions, it shall be conclusively presumed that the applicant or appellant has waived, withdrawn or abandoned his appeal or his application, and such permissions, variances and permits to him granted shall be deemed automatically rescinded by the Zoning Board of Appeals.

Appeal of actions taken by Board.
Any person or person jointly or severally aggrieved by any decision of the Zoning Board of Appeals or of any officer, department, board or bureau of the Town, may apply to the Supreme Court for relief by a proceeding under Article 78 of the Civil Practice Law and Rules, and:
A. It must be instituted within 30 days after the filing of a decision in the office of the Town Clerk.
B. The Court may take evidence or appoint a referee to take such evidence as it may direct, and report the same, with its findings of fact and conclusions of law, if it shall appear that testimony is necessary for the proper disposition of the matter.
C. The Court, at Special Term, shall itself dispose of the causes on the merits, determining all questions which may be presented for determination.