[Amended 6-3-2021 by L.L. No. 2-2021]
A.
No action shall be taken by the Town Board to issue
a special use permit, by the Planning Board to issue preliminary site
plan approval nor the Zoning Board of Appeals to grant use and area
variances until after public notice and hearing. Proper notice of
a public hearing before any board shall be given by legal notice published
in the official newspaper of the Town of Webster, at least five days
before the date set for a public hearing, as required by § 274-b
of the Town Law.
B.
Those submitting applications before the Planning
Board and Zoning Board of Appeals, and all special permit and rezoning
applications before the Town Board, shall be required to post a Town-provided
sign in a publicly conspicuous location on or in front of the front
property line of the property affected. Said sign shall notify the
public of a pending application and hearing and shall be posted not
less than 10 days prior to and up to the date of the hearing. Such
sign shall be provided by the Town and/or its designee and shall be
removable by the Town and/or designee within five days after the hearing
is concluded.
A.
Use variances. Application for any use variance from the provisions of § 130-9 shall be made to the Town of Webster Zoning Board of Appeals. A use variance may be granted, after public hearing, only upon the establishment of public necessity in that the use variance is required to render safe and adequate service and that there are compelling reasons, economic or otherwise, which make the site more feasible for the proposed use than alternative sites as might be provided or available.
B.
Area variances. Application for any area variance where the requirements of the provisions of § 130-10 cannot be met shall be made to the Town Board if a special use permit is required by § 130-11, and an application for any other area variance where the requirements of any other provision of this chapter cannot be met shall be made to the Webster Zoning Board of Appeals. An area variance may be granted, after public hearing, upon the Town Board and Zoning Board of Appeals taking 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. The Town Board and Zoning Board of Appeals shall 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 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; and
(5)
Whether the
alleged difficulty was self-created, which consideration shall be
relevant to the decision of the Town Board or Zoning Board of Appeals,
but shall not necessarily preclude the granting of the area variance.
The Town Board and Zoning Board of Appeals, in its consideration of
area variances, shall grant only 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.
C.
Imposition of
conditions. The Town Board, in its consideration of an area variance,
and the Zoning Board of Appeals, in its consideration of both use
variances and area variances, shall have the authority to impose such
reasonable conditions and restrictions as are directly related to
and incidental to the proposed use of the property and/or the period
of time such variance shall be in effect. Such conditions shall be
consistent with the spirit and intent of the zoning ordinance[1] or local law and shall be imposed for the purpose of minimizing
any adverse impact such variance may have on the neighborhood or community.
A.
Any violation
of this chapter or of any order, requirement decision or determination
issued by the Commissioner of Public Works, his/her division head,
agent or designee pursuant to this chapter is hereby declared to be
an offense punishable by a fine not exceeding $350 or imprisonment
for a period not to exceed six months, or both, upon conviction for
a first offense; upon conviction for a second offense, both of which
offenses were committed within a period of five years, punishable
by a fine not less than $350 nor more than $700 or imprisonment for
a period not to exceed six months, or both; and upon a conviction
for a third or subsequent offense, all of which offenses were committed
within a period of five years, punishable by a fine of not less than
$700 nor more than $1,000 or imprisonment for a period not to exceed
six months, or both. However, for the purpose of conferring jurisdiction
upon courts and judicial officers generally, violations of this chapter
or any order, requirement, decision or determination issued by the
Commissioner of Public Works, his/her division head, agent or designee,
pursuant to this chapter, shall be deemed misdemeanors, and for such
purpose only all provisions of law relating to misdemeanors shall
apply to such violations. Each day (twenty-four-hour period) of violation
shall constitute a separate violation of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
In addition to
the penalties provided above, the Town Board may also maintain an
action or proceeding to prevent, correct or restrain any violation
of this chapter.
Fees for applications and permits under this
chapter shall be established by resolution of the Webster Town Board.
Should any section, paragraph, sentence, clause,
word, part or provision of this chapter be declared void, invalid
or unenforceable for any reason, such declaration shall not affect
the validity of any other part of this chapter which can be given
effect without the part(s) declared void, invalid or unenforceable.
This chapter shall take effect on January 1,
1997.
