Variances.

[Amended 8-10-1978]A. All applications for building permits shall be made in writing to the Building Inspector, who shall either issue a building permit as provided in the Building Code Administration and Lot Control Ordinance[1] or deny the same, in writing, with explanation for such denial. Within 10 days after receipt of such written denial and at least 14 days prior to the requested hearing date, upon payment of the required fee, any such applicant who is the owner or authorized agent of the owner of the property involved may file a written appeal to the Board of Appeals for a variance, interpretation of the chapter or rescission or modification of the decision of the Building Inspector as authorized hereunder.[1]Editor's Note: See Ch.

119, Building Construction.B. The Building Inspector shall process all applications before the Board of Appeals and shall provide such assistance and information as the Board shall request.C. All applications to the Board of Appeals shall be in writing upon forms furnished by the Town. A tape location map shall accompany every application, and the Board of Appeals may require the applicant to provide an instrument survey in its discretion of where boundary lines are essential or in dispute. The applicant shall provide such additional information, documents or evidence as shall be required by the Building Inspector to support the appeal to the Board of Appeals, such information, documents, maps or other evidence, together with the denial, to be reproduced in seven copies for the Board of Appeals.

All required documents, maps and information shall be filed with the Building Inspector at the time of the filing of the appeal. The Board of Appeals may require attendance and testimony of the Building Inspector and the Town Engineer in its discretion. The attendance of the applicant or his agent is required at all hearings, and without such attendance the Board of Appeals may adjourn or dismiss the application in its discretion.D. Special setback allowances.[Added 9-4-1986](1) The Town Board has become aware of the increased use of instrument surveys in real estate transactions, replacing the use of less accurate tape location maps.

Many surveys now reveal front, side and rear setback deficiencies which, in the past, could only be cured by obtaining a variance from the Zoning Board of Appeals. In most cases the setback deficiencies were caused by builder error or surveyor error or other factors beyond the control of the property owner. In order to avoid the expenses to be incurred by a property owner in obtaining an area variance, the Town Board endorses the following policy: Where a structure has been completed as defined by the issuance of a certificate of occupancy, the setback requirements for such structure may be reduced up to a maximum of six inches without the requirement of issuance of an area variance from the Zoning Board of Appeals.

The setback of the structure and lot shall be considered in sufficient compliance with the Zoning Ordinance as long as the difference between the required setback and the setback of the structure is not more than six inches. If the structure is otherwise in sufficient compliance with all other governmental codes, statutes and regulations, upon application by the property owner, approval of the Chairman of the Zoning Board of Appeals and verification by the Commissioner of Public Works or his/her division heads, agents or designees within 10 days after application, a statement shall be issued by the Building Division that the Town of Webster shall not require further corrective measures to rectify such dimensional discrepancy nor pursue enforcement of such violation.

If the difference between the required setback and the setback of the structure exceeds six inches, the property owner must obtain an area variance from the Zoning Board of Appeals.[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)](2) This subsection shall not apply to:(a) Any structure for which a building permit was issued, the application for which had been accompanied by an instrument survey.(b) Any structure for which a building permit and/or certificate of occupancy had not previously been obtained.