[HISTORY: Adopted by the Town Board of the
Town of Conesus as indicated in article histories. Amendments noted
where applicable.]
[Adopted 11-10-2015 by L.L. 4-2015]
A.
A Zoning Board of Appeals, pursuant NYS Town Law § 267,
is hereby created by the Town Board of the Town of Conesus.
B.
Appointment of members. The Zoning Board of Appeals shall consist
of five members and up to two alternates. The Town Board shall empower
the Supervisor to designate the Chairperson thereof. In the absence
of a Chairperson, the Board of Appeals may designate a member to serve
as Acting Chairperson.
C.
Appropriation of Zoning Board of Appeals. The Town Board is hereby
authorized and empowered to make such appropriation as it may see
fit for the Zoning Board of Appeals expenses. Such charges and expenses
less fees, if any collected, shall be a charge upon the taxable property
and shall be assessed, levied and collected. The Zoning Board of Appeals
shall have the power and authority to employ experts, clerks and a
secretary and to pay for their services, and to provide for such other
expenses as may be necessary and proper, not exceeding the appropriation
that may be made therefor by the Town Board for such Zoning Board
of Appeals.
D.
Compensation. The Town Board may, as part of the annual budget, provide
for the compensation of Zoning Board of Appeals members and alternates.
If compensation is provided for, it shall be on a per-meeting-attended
basis. In addition, the Town shall provide reimbursement for all approved
training and out-of-pocket expenses associated therewith.
E.
Members ineligible. No person who is an officer or employee of the
Town, including the Town Board and Planning Board, or any of the Town's
agencies or departments, shall be eligible for membership on the Board
of Appeals.
F.
Terms of members first appointed. In the creation of a new Board
of Appeals, or the reestablishment of terms of an existing Board,
the appointment of members to the Board shall be for terms so fixed
that one member's term shall expire at the end of each year thereafter.
At the expiration of each original member's appointment, the replacement
member shall be appointed for a five-year term.
G.
Vacancy in office. If a vacancy shall occur otherwise than by expiration
of term, the Town Board shall appoint the new member for the unexpired
term.
H.
Removal of members. Any Zoning Board of Appeals member may be removed for cause by the Town Board or for noncompliance with minimum requirements as set forth in § 22-2 of this article at any time; provided, however, that before such removal, such member shall be given an opportunity to be heard in their own defense at a public hearing.
I.
Chairperson duties. All meetings of the Board of Appeals shall be
held at the call of the Chairperson and at such other times as such
Board may determine. Such Chairperson, or in his or her absence, the
Acting Chairperson, may administer oaths and compel the attendance
of witnesses.
A.
Training. Each Board member is required to complete a minimum of
four hours of training per calendar year in accordance with NYS Town
Law § 267(7-a). At the discretion of the remaining members
or the Town Supervisor, failure to comply with this requirement is
grounds for recommending removal from the Board.
B.
Attendance. Each Board member shall be required to attend 75% of
the scheduled meetings in each calendar year. At the discretion of
the Town Board, failure to attend the required number of meetings
may be grounds for removal from the Board. In addition, failure to
attend three consecutive meetings may be grounds for removal from
the Board.
The Zoning Board of Appeals shall have all the powers and duties
prescribed by § 267-b of the NYS Town Law of the State of
New York and by this article. These powers and duties are more particularly
specified as follows:
A.
Interpretation. Upon appeal from a decision by an administrative
official to decide any question involving the interpretation of any
provision of this article, including determination of the exact location
of any district boundary if there is uncertainty with respect hereto.
B.
Appeals. The Zoning Board of Appeals shall hear and decide appeals
from, and review orders, requirements, decisions, or determinations,
including any order requiring an alleged violator to stop, cease,
and desist, made by the Code Enforcement Officer in the enforcement
of this article.
C.
Variances. The variance procedure is intended to provide a means
by which relief or modifications may be granted from unforeseen particular
applications of this article that create unnecessary hardships or
practical difficulties. Only when such hardships or difficulties are
not appropriate for remedy pursuant to other provisions of this article
is the variance procedure appropriate. In such cases, the Zoning Board
is empowered to grant exceptions in harmony with the general purpose
and intent of this article and the compatibility with the Town of
Conesus Comprehensive Plan. Variances will be granted in appropriate
and specific cases only after public notice and hearing and subject
to such appropriate conditions and safeguards the Zoning Board of
Appeals may impose.
(1)
Variance application. An application for a variance shall be made
to the Code Enforcement Officer on appropriate forms, accompanied
by the necessary fees and supporting documentation as provided in
this article and regulations issued hereunder. The following additional
information shall also be required:
(a)
The application shall be accompanied by a map drawn to scale
and showing existing and proposed characteristics of the site and
adjacent properties necessary for consideration of the variance request.
(c)
An application for a use variance, if in or within 500 feet
of an agricultural operation in a county agricultural district, shall
be accompanied by an agricultural data statement.
(2)
Variance standards. As used in this article, a variance is authorized
for height, area, size of structure, size of yards and open spaces,
or for establishment or expansion of a use otherwise not allowed.
A variance shall not be granted solely because of the presence of
nonconformities in the zoning district or uses in an adjoining zoning
district.
(a)
Use variance. No such use variance shall be granted by a Board
of Appeals without a showing by the applicant that applicable zoning
regulations and restrictions have caused unnecessary hardship. In
order to grant the use variance, the applicant has the burden to prove
their application meets each and every of the below criteria pursuant
to NYS Town Law § 267-b:
[1]
The applicant cannot realize a reasonable return, provided that
lack of return is substantial as demonstrated by competent financial
evidence;
[2]
The alleged hardship relating to the property in question must
be unique, and not apply to a substantial portion of the district
or neighborhood;
[3]
That the requested use variance, if granted, will not alter
the essential character of the neighborhood; and
[4]
That the alleged hardship has not been self-created.
(b)
Area variance. In order to grant the area variance the applicant
has the burden to prove that their application meets the required
criteria. 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:
[1]
Whether an undesirable change will be produced in the character
of the neighborhood or a detriment to nearby properties will be created
by the granting of the area variance.
[2]
Whether the benefit sought by the applicant can be achieved
by some method, feasible for the applicant to pursue, other than an
area variance.
[3]
Whether the requested area variance is substantial.
[4]
Whether the proposed variance will have an adverse effect or
impact on the physical or environmental conditions in the neighborhood
or district.
[5]
Whether the alleged difficulty was self-created; which consideration
shall be relevant to the decision of the Board of Appeals, but shall
not necessarily preclude the granting of the area variance.
(c)
The Zoning Board of Appeals, in the granting of area and use
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.
(d)
Imposition of conditions. The 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 Chapter 155, Zoning, of the Code of the Town of Conesus, and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
(3)
Variance procedures. All applications for variances along with any
supporting documentation shall be forwarded to the Zoning Board of
Appeals after initial submission to the Code Enforcement Officer.
(a)
Public hearing. A public hearing shall be set, advertised, and
conducted by the Zoning Board of Appeals in accordance with § 276-a
of the Town Law. The cost of sending or publishing any notices relating
to such appeal, or a reasonable fee relating thereto, shall be borne
by the appealing party and shall be paid to the Board prior to the
hearing of such appeal.[2]
(b)
Action by the Zoning Board of Appeals. Within 62 days following
the close of the public hearing, following a report back from the
Livingston County Planning Board when applicable, the Board of Appeals
shall make its decision on the variance application. This time frame
may be extended upon mutual consent of the Board and the applicant.
The Board shall communicate its action in writing, along with any
required findings, to the applicant and the Code Enforcement Officer
within five days of the final decision. The decision shall be filed
with the Town Clerk within the same time frame.
(c)
Action by the Code Enforcement Officer. Upon receipt of the
notice of variance approval from the Board of Appeals and upon application
for a zoning permit with the required fees by the applicant, the Code
Enforcement Officer shall issue a zoning permit subject to any conditions
imposed by such approval.
(d)
Appeal. An applicant may appeal the final decision of the Zoning
Board of Appeals regarding the variance within 30 days after the filing
of the final decision to the State Supreme Court in accordance with
Article 78 of the NY Civil Practice Law and Rules and NYS Town Law
§ 267-c.
A.
A Planning Board, pursuant to NYS Town Law § 271, is hereby
created by the Town Board of the Town of Conesus.
B.
Authorization. The Planning Board shall consist of five members and
up to two alternates. The Town Board shall appoint the members of
such Board, and the Planning Board members shall elect the officers,
the Chairperson, Vice Chairperson, and Secretary, for the ensuing
year. In the absence of a Chairperson, the Vice Chairperson shall
exercise or perform all the duties and be subject to all the responsibilities
of the Chairperson. In the absence of the Secretary, the officer presiding
shall designate another member as secretary pro tempore.
[Amended 7-7-2020 by L.L. No. 2-2020[1]]
[1]
Editor's Note: Section IV of this local law provides as follows:
"The Town of Conesus Planning Board shall have its membership size
decreased from seven members to five members, to take effect upon
the earliest of the following: a seat is vacant and the term of a
separate seat has expired, two seats are vacant, or the terms for
two seats have expired. During the interim, the Town Board shall not
be required to fill a vacant seat should the current size of the Planning
Board be greater than five."
C.
Appropriation for Planning Board. The Town Board is hereby authorized
and empowered to make such appropriation as it may see fit for Planning
Board expenses. Such charges and expenses less fees, if any collected,
shall be a charge upon the taxable property and shall be assessed,
levied and collected. The Planning Board shall have the power and
authority to employ experts, clerks and a secretary and to pay for
their services, and to provide for such other expenses as may be necessary
and proper, not exceeding in all the appropriation that may be made
therefor by the Town Board for such Planning Board.
D.
Compensation. The Town Board may, as part of the annual budget, provide
for the compensation of Planning Board members and alternates. If
compensation is provided for, it shall be on a per-meeting-attended
basis. In addition, the Town shall provide reimbursement for all approved
training and out-of-pocket expenses associated therewith.
E.
Members ineligible. No person who is an officer or employee of the
Town, including the Town Board and Zoning Board of Appeals, or any
of the Town's agencies or departments shall be eligible for membership
on the Planning Board.
F.
Terms of members first appointed. The terms of members of the Planning
Board shall be for terms so fixed that the term of one member shall
expire at the end of the calendar year in which such members were
initially appointed. The terms of the remaining members shall be so
fixed that one term shall expire at the end of each calendar year
thereafter. At the expiration of the term of each member first appointed,
his or her successor shall be appointed for a seven-year term.
G.
Vacancy in office. If a vacancy shall occur other than by expiration
of term, the Town Board shall appoint the new member for the unexpired
term.
H.
Removal of members. Any Planning Board member may be removed for cause by the Town Board or for noncompliance with minimum requirements as set forth in § 22-5 of this article at any time; provided, however, that before such removal, such member shall be given an opportunity to be heard in their own defense at a public hearing.
I.
Chairperson duties. All meetings of the Planning Board shall be held
at the call of the Chairperson and at such other times as such Board
may determine. Such Chairperson, or in his or her absence, the Vice
Chairperson, may administer oaths and compel the attendance of witnesses.
J.
Planning Board bylaws. The Planning Board shall prepare and adopt
bylaws from time to time outlining meeting times and related procedures.
A.
Training. Each Board member is required to complete a minimum of
four hours of training per calendar year in accordance with NYS Town
Law § 271(7-a). At the discretion of the remaining members
or the Town Supervisor, failure to comply with this requirement is
grounds for recommending removal from the Board.[1]
B.
Attendance. Each Board member shall be required to attend 75% of
the scheduled meetings in each calendar year. At the discretion of
the Town Supervisor, failure to attend the required number of meetings
without good cause may be grounds for removal from the Board. In addition,
failure to attend three consecutive meetings without good cause may
be removal from the Board.
The Planning Board shall have the powers and duties as specified
below.
A.
Plats. The Planning Board may approve plats showing lots, blocks
or sites, with or with out streets or highways, and conditionally
approve preliminary plats and pass and approve the development of
plats already filed in the office of the Clerk of the County of Livingston
if such plats are entirely or partially undeveloped.
B.
Street changes. The Planning Board has the power and authority to change the Town's Official Map by approving or disapproving changes in the lines of existing streets, highways or public areas shown on subdivision plats or maps filed in the office of the Clerk of said county and the laying out, closing off or abandonment of streets, highways or public areas under the provisions of the NYS Highway Laws. Street name changes shall be made in accordance with § 134-18 of Chapter 134, Subdivision of Land. The Planning Board shall consult with the Town Engineer, Town Highway Superintendent, and/or any other agencies that may have authority over existing streets or highways in the Town prior to making a final decision.[1]
D.
Conditional use permits. As specified in § 155-17, Conditional Use Permits, a conditional use permit is required for uses that have some special impact or uniqueness which requires a careful review of their location, design, and special impact against the standards and any additional regulations set forth in this article. The Planning Board will hear and decide upon application for such permits as specified in this article.[3]
(1)
Application. An application for a conditional use permit shall be made in accordance with § 155-17, Conditional Use Permits.
(2)
Standards. A permit for any special permit use shall be granted by
the Planning Board if evidence is presented by the applicant showing
that:
(a)
The proposed building or use will be in harmony with the general
purpose, goals, objectives and standards of the Town's long-term planning
goals, including the Town's Comprehensive Plan, and this article.
(b)
The proposed building, use, or intensity of operation involved
will not have a substantial or undue adverse effect upon any adjacent
property, the character of the neighborhood, traffic conditions, parking,
utility facilities and other matters affecting the public health,
safety and general welfare.
(c)
The proposed building or use will be constructed, arranged and
operated so as not to dominate the immediate vicinity, or to interfere
with or devalue the development and use of neighboring property in
accordance with the applicable district regulations.
(d)
The proposed building or use will be adequately served by essential
public facilities and services, such as highways, streets, police
and fire protection, drainage structures, refuse disposal, water and
sewers, schools; or that the applicant or agency responsible for the
establishment of the proposed use will provide adequately for such
services.
(e)
The proposed building or use complies with all additional standards
imposed on it by the particular provision of this article authorizing
such use.
(f)
All steps possible have been taken to minimize any adverse effects
of the proposed building or use on the immediate vicinity through
building design, site design, landscaping and screening and that the
proposed building or use will not result in the destruction, loss
or damage of any natural, scenic or historic feature of significant
importance.
(3)
Additional factors. In the review and approval of conditional use
permits, the following additional factors shall be considered:
(4)
Procedures. All applications for conditional use permits along with
any supporting documentation shall be forwarded to the Planning Board
after initial submission to the Code Enforcement Officer.
(a)
Variances. Where a conditional use permit contains features that require an area variance, an application may be made to the Zoning Board of Appeals for action on said variance. Final action of the conditional use permit shall not be made until the Zoning Board of Appeals makes it decision on the variance application in accordance with § 22-3C of this article.
(b)
Public hearing. The Planning Board shall conduct a public hearing
within 62 days upon receipt of a completed application. The public
hearing shall be advertised and conducted by the Planning Board in
accordance with § 274-a of the Town Law.
(c)
State Environmental Quality Review Act (SEQRA). Pursuant to
NYS Town Law § 274-b(8), the Planning Board shall comply
with the provisions of SEQRA under the NYS Environmental Conservation
Law prior to making a final decision on the conditional use permit.
(d)
Action by the Planning Board. Within 62 days following the close
of the public hearing, following a report back from the Livingston
County Planning Board when applicable, the Planning Board shall make
its decision on the conditional use permit application. This time
frame may be extended upon mutual consent of the Board and the applicant.
The Board shall communicate its action in writing, along with any
required findings, to the applicant and the Code Enforcement Officer
within five days of the final decision. The decision shall be filed
with the Town Clerk within the same time frame. The following decisions
can be made by the Board:
[1]
If an application is approved or approved with conditions by
the Planning Board, the Code Enforcement Officer shall be furnished
with a copy of the Board's approving resolution, which shall outline
any conditions imposed and the reasoning for the conditions, and shall
issue the permit applied for in accordance with any conditions imposed
by the Board.
[2]
If the Planning Board disapproves an application, the reasons
for such denial shall be set forth in the Board's resolution, and
a copy of such resolution shall be transmitted to the Code Enforcement
Officer. The Code Enforcement Officer shall deny the application accordingly
by providing the applicant with a copy of the Board's reasons for
disapproval and the procedures for appeal.
(5)
Appeal. An applicant may appeal the final decision of the Planning
Board regarding the conditional use permit within 30 days after the
filing of the final decision to the State Supreme Court in accordance
with Article 78 of the NY Civil Practice Law and Rules and NYS Town
Law § 274-b(11) and § 267-c.
