Southtowns Record

Chapter 200 Zoning Law

Government
Town of Wales
Kind
Other
Topics
Zoning and land use, Water, sewer and drainage, Parks and recreation, Roads and traffic, Budget and taxes

Original document

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deprive the owner of the reasonable use of the land or building involved, but in no other case. No
  variance in the strict application of this chapter shall be granted by the Board of Appeals unless it
  finds that:
  (1)  There are special circumstances or conditions, fully described in the findings of the Board,
  applying to such land or buildings and not applying generally to land or buildings in the
  neighborhood and that said circumstances or conditions are such that strict application of the
  provisions of this chapter would deprive the applicant of the reasonable use of such land or
  buildings.
  (2)  For reasons fully set forth in the findings of the Board, the granting of the variance is necessary
  for the reasonable use of the land or building and that the variance as granted by the Board is
  the minimum variance that will accomplish this purpose.
  (3)  The granting of the variance will be in harmony with the general purpose and intent of this
  chapter and will not be injurious to the neighborhood or otherwise detrimental to the public
  welfare.

  (4)  A use variance when granted, shall be limited to the specific use as stated in the original
  application for the variance and any conditions included in the approval by the Board. Failure
  to exercise or implement the use variance within one year shall result in the variance expiring
  and shall no longer be in effect. [Added 8-14-2007 by L.L. No. 4-2007]
  (5)  An area variance when granted, shall be limited to the specific use as stated in the original
  application for the variance and any conditions included in the approval by the Board. In the
  event that the area variance requires a building permit, such permit must be obtained within one
  year following the approval, with the completion within one year following the issuance of the
  building permit. [Added 8-14-2007 by L.L. No. 4-2007]
C.  In granting any variance, the Board of Appeals shall prescribe any conditions that it deems to be
  necessary or desirable.

§ 200-67. Appeal and application procedure.

A.  The Board of Appeals shall act in strict accordance with the procedure specified by law and by this
  chapter. All appeals and applications made to the Board shall be in writing, on forms prescribed by
  the Board and available from the Building Zoning Officer. Every appeal or application shall refer to
  the specific provision of this chapter involved and shall exactly set forth the interpretation that is
  claimed, the use for which the special permit is sought or the details of the variance that is applied for
  and the grounds on which it is claimed that the variance should be granted as the case may be. At
  least 30 days before the date of the hearing on an application or appeal to the Board of Appeals, the
  Secretary of said Board shall transmit to the Planning Board a copy of this notice of the aforesaid
  hearing and shall request that the Planning Board submit to the Board of Appeals its opinion on said
  application or appeal, and the Planning Board shall submit a report of such advisory opinion prior to
  the date of said hearing. Failure to submit such report shall constitute approval of said application or
  appeal by the Planning Board.
B.  Every decision of the Board of Appeals shall be by resolution, each of which shall contain a full
  record of the findings of the Board in the particular case. The Board shall keep minutes of its
  proceedings showing the vote of each member upon every question, or if absent or failing to vote
  indicating such fact, and shall also keep records of its examination and other official actions.

§ 200-68. Filing of records.

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