Appeals process.

A. The Webster Town Board is hereby designated as the hearing board for appeals and variances in connection with this article. The Webster Town Board shall be responsible for hearing and rendering decisions regarding appeals and variance to this article.B. Where a person seeks relief from a decision of the Town Planning Board regarding any provision of this article, including permits, waivers, approvals, matters of interpretation of this article, or variances from the application of this article, that person may request reconsideration of the Town Planning Board's decision by appealing to the Webster Town Board, in writing, within 15 days of the Town Planning Board's final decision.

The appeal or request for variance shall state the reasons why relief is sought and what decision the person feels should be forthcoming. A copy of the appeal shall be transmitted to the office of the Town Planning Board. Upon giving not less than 10 nor more than 20 business days' notice to the persons interested, a public hearing shall be held. The Town Board may, after such hearing, by a majority vote, affirm, annul or modify the action of the Town Planning Board or grant or deny the request for a variance. The decision of the Town Board shall be in writing, and a copy shall be mailed to the applicant within seven business days after the conclusion of the hearing, and any decisions made shall be final.

Further recourse shall be through established legal procedures.C. In passing upon such applications for variances, the Webster Town Board shall consider that:(1) There are unique physical conditions or exceptional topographical or other physical conditions and that, as a result of such unique physical conditions, practical difficulties arise in complying strictly with the provisions of this chapter and that the alleged practical difficulties are not due to circumstances created generally by the strict application of this chapter.(2) The practical difficulties claimed as a ground for a variance have not been created by the owner or by a predecessor in title.(3) Within the intent and purpose of this chapter the variance, if granted, is the minimum variance necessary to afford relief, and to this end the Board may permit a lesser variance than that applied for.D.

The provisions of this section shall be applied to this article only.[1][1]Editor's Note: Original Art. V, Planned Unit Development District Regulations, consisting of §§ 225-34 through 225-38, as amended, which immediately followed this section, was repealed 6-17-1993.