The applicant may arrange an informal discussion with the Zoning Board of Appeals to determine any and all of the data to be included in the application.

All applications for variances shall be made to the Code Enforcement Officer (CEO) on forms provided by the CEO and shall be accompanied by plans and supporting documents to sufficiently describe the proposal. The Zoning Board of Appeals may request additional information it deems necessary in order to act on the application.

The CEO, after determining that an application is in proper form, shall transmit copies of the application and all supporting documents to the Zoning Board of Appeals for action thereon.

Any request for a use variance, or variances to parking or sign provisions, shall be referred to the Town Planning Board for its recommendations concurrent with the submission to the Zoning Board of Appeals. The Planning Board shall have 30 days from the receipt of said variance application to provide the Zoning Board of Appeals with an advisory opinion on the application. The Zoning Board of Appeals shall not act on the application until it receives an advisory opinion from the Planning Board, provided that such opinion is received within a period of 30 days of its receipt of an application.

A copy of the complete variance application and supporting documents shall also be transmitted to the Monroe County Department of Planning and Development for review when required either under Article 12-B, §§ 239-l and 239-m of the General Municipal Law, or § 283-a of the New York State Town Law.

Where an application for a use variance involves land lying within certain distances prescribed in § 283-a of Town Law, an agricultural data statement shall be prepared and proper notice thereof given to all affected property owners.

No action shall be taken by the Zoning Board of Appeals on a request for a variance until after public hearing and notice. The Board shall fix a reasonable time for the hearing of a request for a variance and shall give due notice of the time set for the hearing to the applicant. Public notice shall be established by the publication of a notice in the official newspaper of the Town in accord with the provisions of Town Law. Said notice shall briefly describe the nature of the appeal and the time and place of the hearing. In addition, the applicant shall, at least seven days prior to the date of the hearing, give notice in writing to all property owners within 500 feet of the property to be affected by said variance request or to all property owners of contiguous land or properties adjoining said property. Such notice shall be by certified mail, or shall be documented with a certificate of mailing provided by the post office.

In its review, the Zoning Board of Appeals may consult with any other Town, county and state officials or boards.

The Board shall approve, with or without conditions, or disapprove the application within 62 days of the close of the public hearing on said matter. The Board shall communicate its action, in writing, to the applicant, the Town Clerk, the CEO and other appropriate boards within five business days of the meeting at which it decided the application. The time within which the Zoning Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Board.

The Town Clerk or CEO shall provide the Town Board with a monthly report of the actions taken by the Zoning Board of Appeals.

The CEO shall, upon receipt of the notice of approval and upon application by the applicant, issue the appropriate permit or such other approval permitting the variance, subject to all conditions imposed by such approval.

An appeal, specifying the grounds for the appeal, shall be filed with the officer, or body, from whom the appeal is taken and with the Zoning Board of Appeals. All appeals and applications shall be made to the Zoning Board of Appeals within 60 days of the date on which the order, requirement, decision or determination appealed from was rendered and shall be on forms prescribed by the Board.

Such appeal may be taken by any person aggrieved or by an officer, department, board or bureau of the Town.

The concurring vote of a majority of the members of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of any such administrative official.

The officer from whom the appeal is taken shall, within 30 days of the filing of the appeal, transmit all papers constituting the record upon which the appeal is taken to the Zoning Board of Appeals.

An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Zoning Board of Appeals after the notice of appeal shall have been filed, that, by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In this case the proceedings shall not be stayed other than by a restraining order which may be granted by the Zoning Board of Appeals or by a court of record, on application, on notice to the officer from whom the appeal is taken and by showing due cause.

If the Zoning Board of Appeals determines that a public hearing is necessary, the Zoning Board of Appeals shall fix a time for the hearing of the appeal and give due notice thereof to the parties, and decide the same within a reasonable length of time thereafter. At the time of the hearing, any party may appear in person, by agent or by attorney.

The Zoning Board of Appeals shall render a decision on each appeal within 62 days of the close of the public hearing on said matter. The time within which the Zoning Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Board.

Any action by the Zoning Board of Appeals shall be stated in writing and communicated to the person bringing the appeal within five business days after the decision has been made.

The Zoning Board of Appeals, on appeal from the decision or determination of the administrative official charged with the enforcement of this chapter, shall have the power to grant use variances, as defined herein.

No such use variance shall be granted by the Zoning Board of Appeals without showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant shall demonstrate the following to the Zoning Board of Appeals for each and every permitted use under the zoning regulations for the particular district in which the property is located:

The Zoning Board of Appeals, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proven by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.

The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of the administrative official charged with the enforcement of this chapter, to grant area variances as defined herein.

In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the Board shall also consider:

The Zoning Board of Appeals, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.

The Zoning Board of Appeals shall, in the granting of both use variances and area variances, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of this chapter, and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.