APPLICATION FOR INTERPRETATION

Transcription

1 APPLICATION FOR INTERPRETATION Form: ZBA-1 Town/Village of, NY WHEN TO USE THIS FORM: This form is to be used by an aggrieved party who appeals to the board seeking an interpretation of the provisions of the zoning ordinance as it relates to any order, requirement, decision or determination made by the Zoning Enforcement Officer. This form should not be used for appeals where either a use or area variance is sought (see form ZBA-3). The applicant is responsible for complying with established ZBA rules and procedures which are available for inspection from the ZBA secretary. Appeals must be filed within 30 days of receipt of notice of Zoning Enforcement Officer=s decision. Instructions: Fully complete this application. Write ANA@ when Anon-applicable@. AApplications, complete with fees, shall be filed with the Zoning Enforcement Officer who will file a copy with the ZBA secretary. Application No: I- OFFICE USE ONLY Date of Appeal (postmark or hand-deliver) / / Official Date of Receipt / / Date of Public Hearing / / Date of Final Action / / Date of Filing Decision with Town Clerk / / To the : A. Statement of Ownership and Party of Interest: 1. The applicant(s) (is) (are) the owner (s) of property situated at the following address: Tax Map Parcel No. 2. The applicant=s appeal concerns the property (choose one): ( ) described above ( ) of an adjacent or nearby landholder referenced by tax map parcel no. owned by and located at. B. Request: Zoning Enforcement Officer decision being appealed: Building Permit or Certificate of Zoning Compliance No.: Relevant section no. of zoning ordinance: Date of Zoning Enforcement Officer=s decision: / /

2 Application for Interpretation page 2 ZBA-1 C. Reason for Appeal: Briefly state your reason for appealing the ZEO=s decision: Signature (s) Mailing Address Telephone No. Date: / / NOTE: The Zoning Board of Appeal will notify you of its action in writing (forms ZBA-2 and ZBA - 4) within days of the date of the public hearing held on this application. CPD 5/97

3 RESOLUTION GIVING INTERPRETATION For Town/Village Use Only Form: ZBA - 2 Town / Village of, NY WHEN TO USE THIS FORM: This form is used by the ZBA to express its opinion on AApplications for Interpretation@ (ZBA-1). The Town/Village of at a meeting duly convened on / / reviewed the facts in an application for an interpretation Town / Village Zoning Ordinance, Application No. I-, described as follows: and WHEREAS, said application requests an interpretation of zoning ordinance relevant to section no., and WHEREAS, the Board held a public hearing, duly published and posted, on / /, and WHEREAS, at said hearing all who were desired to be heard were heard and their testimony recorded, and WHEREAS, all testimony has been carefully considered and the following pertinent facts noted: NOW, THEREFORE BE IT RESOLVED, by the that Application No. I-, an application for an interpretation by the applicant (name) is hereby interpreted to be defined as follows: Signature of appropriate ZBA officer Date of Final Action / / Date of Filing with Town/Village Clerk / / cc. Zoning Enforcement Officer CPD 5/97

4 APPLICATION FOR VARIANCE Form: ZBA-3 Town/Village of, NY WHEN TO USE THIS FORM: This form is to be used by an aggrieved party who appeals to the board seeking a variance from the strict application of the requirements of the zoning ordinance. Such appeal can be filed only when the zoning enforcement officer has made an order, requirement, decision or determination which causes the applicant to seek relief in the form of a variance. This form should not be used for appeals where an interpretation is sought (see form ZBA -1). The applicant is responsible for complying with established ZBA rules and procedures which are available for inspection from the ZBA secretary. Appeals must be filed within 30 days of receipt of notice of Zoning Enforcement Officer=s decision. Instructions: Fully complete this application. Write ANA@ when Anon-applicable@. AApplications, complete with fees, shall be filed with the Zoning Enforcement Officer who will file a copy with the ZBA secretary. OFFICE USE ONLY Application No: V- Date of Appeal (postmark or hand-deliver) / / Official Date of Receipt / / Date of Public Hearing / / Date of Final Action / / Date of Filing Decision with Town Clerk / / To the : A. Statement of Ownership and Party of Interest: 1. The applicant(s) (is) (are) the owner (s) of property situated at the following address: Tax Map Parcel No. 2. The above described property was acquired by the applicant on: / /. B. Basis for Request: I, the applicant, hereby appeal to the from the decision of the Zoning Enforcement Officer relative to my application for (choose one) Building Permit No. / Certificate of Occupancy No. whereby the Zoning Enforcement Officer did deny my application for said (choose one) building permit / certificate of occupancy for the following proposed activity: This denial was made because of a violation(s) of requirements of the zoning ordinance section number (s). This appeal is made for (circle as appropriate) a use variance and/or area variance.

5 Application for Variance page 2 ZBA-3 All applicants complete the following: a. Zoning district classification b. Proposed use c. Date of Zoning Enforcement Officer=s decision: / / d. Attach a sketch plan e. Attach notice of denial issued by Zoning Enforcement Officer (Form ZEO-2) f. Attached a completed Part I of the Environmental Assessment Form (EAF) using the (check one): ( ) short form or ( ) long form if the application is for any use variance or for any area variance except those involving, setback or frontage reductions. Forms are available from the Zoning Enforcement Officer. C. Variance Application: 1. Only applicants for a USE VARIANCE complete this section: Use variances may be granted only upon your showing that the literal application of the zoning regulations will result in Aunnecessary hardship@ which is shown only if you can pass each of the following three tests: a) Show that the land is question cannot yield a reasonable return for any of the uses allowed in the zoning district. Such proof must be expressed in dollars and cents. b) Show that your plight is due to unique circumstances and not to the general condition in the neighborhood. c) Show that your proposal, if authorized, will not alter the essential character of the locality. Application for Variance page 3 ZBA-3

6 2. Only applicants for any AREA VARIANCE: complete this section a) State what type and size of an area variance you are requesting, i.e., 3 foot side yard variance, 10 foot rear yard variance, etc. b) Area variance may be granted only upon your showing that the literal application of the zoning regulations will result in Apractical difficulty@ which is shown only if each of the following three tests are passed: 1) Show that unless an area variance is granted, that you will suffer Aa significant economic injury@. 2) The town/village ZBA, not the applicant, must show at this point, that the zoning restriction involved is reasonable related to a legitimate exercise of the zoning power. THE TOWN/VILLAGE, NOT THE APPLICANT, IS RESPONSIBLE FOR MAKING THIS FINDING. c) Show that the particular restriction is not related to the public health, welfare and safety and that the area variance, if granted, will not adversely affect the surrounding community. Signature(s) Mailing Address Date / / Telephone No. NOTE: 1. When applicable, Parts II and III of the EAF and the entire SEQR (State Environmental Quality Review) process must be completed by the before the application can be considered complete. 2. The will notify you of their action in writing (form ZBA-4) within days of the date of the public hearing held on this application. CPD 5/97

7 For Town/Village Use Only NOTICE OF ACTION Town / Village of, NY Form: ZBA-4 WHEN TO USE THIS FORM: This form is used by the ZBA to express its response to an AApplication for Interpretation@ (ZBA-1) or an AApplication for Variance@ (ZBA-3). Reference: ZBA Application No. Dated / / ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN/VILLAGE OF, New York. TO:, Applicant At a meeting of the on / /, the referenced appeal was considered and the action indicated below was taken on your (check one): ( ) Request for an interpretation of the zoning ordinance ( ) Request for a variance to the zoning ordinance ********************************************************************************************* 1. INTERPRETATION. The Board adopted the attached resolution which states its interpretation of the zoning ordinance as requested in your appeal: Attach copy of resolution (form no. ZBA-2) ********************************************************************************************* ***** 2. VARIANCE. By resolution of the Board, it was determined that (check one): ( ) a. for your application for a USE VARIANCE, strict application of the ordinance would (would not) produce an unnecessary hardship because: and, therefore, it was further determined that the requested variance be granted (denied) and that the previous decision of the zoning enforcement officer be confirmed ( reversed). Furthermore, for use variances granted tin this action, the following conditions, if any, are attached: ( ) b. for your application for an AREA VARIANCE, strict application of the ordinance would (would not) produce a practical difficulty because: and, therefore, it was further determined that the requested variance be granted (denied) and that the previous decision of the zoning enforcement officer be confirmed (reversed). Furthermore, for area variances granted in this action, the following conditions, if any, are attached:

8 Notice of Action page 2 ZBA-4 If your request for a variance is hereby granted, you are entitled to receive the appropriate building permit or certificate of occupancy from the zoning enforcement officer (form ZEO-3 or ZEO-4). Signature of appropriate ZBA officer Date of Final Action / / Date of Filing with Town/Village Clerk / / cc: Zoning Enforcement Officer CPD 5/97

9 For Town / Village Use Only NOTICE OF HEARING Town / Village of, NY Form: ZBA-5 WHEN TO USE THIS FORM: This form is used by the ZBA to notify the official newspaper and interested parties of a scheduled public hearing. A public hearing before the Board of Appeals of the Town/Village of will be held on the date of / / at PM at (place) to consider the following application (check one): ( ) Application no.v- for the property located at,, NY, for a variance of Article of the zoning ordinance to permit the following: ( ) Application no. I- for the property located at,, NY, for an interpretation of Article of the zoning ordinance to determine whether or not: The above application is open to inspection at the office of the Board of Appeals located at (place) during the following times:. Persons wishing to appear at such hearing may do so in person or by attorney or other representative. Communications in writing in relation thereto may be filed with the Board, or at such hearing. Signature of appropriate ZBA officer / / Date CPD 5/97

10 AFFIDAVIT OF MAILING For Town Use Only Town /Village of, NY Form: ZBA-6 WHEN TO USE THIS FORM: This form is used by the ZBA to declare that a copy of a ZBA decision was sent to the applicant. Reference: ZBA Application No. Dated: I, the undersigned, being duly sworn, deposes and says that he/she is over twenty-one years of age; that he/she is an employee of the Town of Milford; that he/she did on the day of 19, send by registered mail, postage prepaid, to the applicant and his/her attorney in the above matter, at their last known addresses, according to the best information which can be conveniently obtained, as follows: Applicant, attorney and/or representatives Addresses at at at at at a copy of the decision as rendered in the above matter (from ZBA-4), a true copy of which is hereto attached and made a part hereof; that there is a regular daily communication and service by mail between the community of and each of the addresses to which the attached true copies were mailed. Signature of appropriate town official / / Date CPD 11/93

11 For Town/Village Use Only REFERRAL OF APPLICATION FOR VARIANCE Form: ZBA-7 Town/Village of, NY WHEN TO USE THIS FORM: This form is used by the to refer an Application for Variance (form ZBA-3) to the Town/Village Planning Board for its recommendation as required by Section No. of the local zoning ordinance. Unless otherwise required, such referral is mandatory only for those applications for variances which relate to any site plan under review by the Planning Board. FROM: The TO: The Town/Village Town/Village Planning Board Reference: Application No.: V- Dated: / / Pursuant to the requirements of Section No. the Town/Village Zoning Ordinance, the attached Application for Variance is referred to you for your recommendation. It is understood that if your board fails to offer a written recommendation within thirty (30) days of your official date of receipt of this application, the may immediately proceed with its review. Signature appropriate ZBA official / / Date Attachment: Application for Variance (form ZBA-3) CPB 8/90