[Amended 8-10-1978]
[1]No building or structure shall be located, erected, moved,
remodeled or structurally altered until a permit for such building
location, erection, removal or structural alteration shall have been
issued by the Town Building Inspector in accordance with the provisions
hereof and in accordance with the provisions of the Building Code
Administration and Lot Control Ordinance.[2] Every application for such a permit shall be accompanied
by a map, in duplicate, drawn to scale showing the dimensions of the
plot to be built upon, the measurements and size and location of the
building or structure on the plot, the size and location of other
buildings or structures on the plot and such other information as
may be required by the Building Inspector.
[Amended 8-10-1978]
A.
It shall be
unlawful to use or permit the use of any building or structure hereinafter
located, erected or structurally altered or any premises altered or
converted wholly or in part in its use until a certificate of occupancy
has been issued by the Building Inspector to the effect that the building,
structure or premises so located, erected or structurally altered
and the proposed use or uses thereof conform to all applicable Town
ordinances. Such certificate shall be issued in accordance with the
provisions of the Building Code Administration and Lot Control Ordinance.[1]
B.
In addition
thereto, where a new building or use is not involved, upon written
application for a certificate of occupancy by the property owner or
his duly authorized agent, the Building Inspector or his designee
shall inspect any building, other structure or tract of land existing
on the effective date of this chapter and shall issue a certificate
of occupancy therefor, certifying:
(1)
The use
of the building, other structure or tract of land.
(2)
Whether
such use conforms to all the provisions of this chapter or the chapter
as existing at the time the use was established or that a variance
in use has been granted therefor. However, no certificate of occupancy
shall be issued if there are any pending violations of law or orders
of the Building Inspector, the Board of Appeals or the Town Board
with regard to the subject members.
[Amended 8-10-1978; 6-17-1993]
A.
The Board of
Appeals heretofore created is hereby continued, consisting of five
members appointed by the Town Board of the Town of Webster. The term
of each member shall be five years.
B.
No action shall
be taken by the Board of Appeals in any case until after public notice
and hearing.
[Amended 5-16-1996; 6-3-2021 by L.L. No. 4-2021]
(1)
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 § 267-a of the Town Law.
(2)
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.
C.
The presence
of three members shall constitute a quorum, and the concurring vote
of a majority of the Board of Appeals shall be necessary to reverse
or modify any order, requirement, decision, interpretation or determination
made by any administrative or enforcement official or to decide in
favor of the applicant on any matter upon which the Board is required
to pass or to effect any variation in the requirements of the ordinance;
subject, however, to the requirements of §§ 239-l,
239-m and 239-nn of the General Municipal Law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
Jurisdiction.
(1)
Appeals
for interpretation. The Board of Appeals shall hear and decide appeals
where it is alleged that there is an error or misinterpretation in
an order, requirement, decision or determination by any administrative
official of the Town of Webster charged with the enforcement of the
provisions of this chapter. The Board of Appeals may reverse, modify
or affirm, in whole or in part, any such appealed order, requirement,
decision or determination appealed from and may make such order, requirement,
decision or determination as, in its opinion, ought to be made in
strictly applying and interpreting the provisions of this chapter
and, for such purposes, shall have all the powers of the officer from
whom the appeal is taken.
(2)
Appeals
for variance.
(a)
Use variance.
[Amended 6-18-1998]
[1]
The
Board of Appeals may grant a use variance upon a showing by the applicant
that the applicable zoning regulations and restrictions have caused
unnecessary hardship. In order to prove such unnecessary hardship,
the applicant shall demonstrate to the Board of Appeals that for each
and every permitted use under the zoning regulations for the particular
district where the property is located that:
[a]
The applicant cannot realize a reasonable return, provided that lack
of return is substantial as demonstrated by competent financial evidence.
[b]
The alleged hardship relating to the property in question is unique
and does not apply to a substantial portion of the district or neighborhood.
[c]
The requested use variance, if granted, will not alter the essential
character of the neighborhood.
[d]
The alleged hardship has not been self-created.
[2]
The
Board of Appeals, in granting a use variance, 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.
(b)
Area
variance.
[1]
Area
variances may be considered where dimensional requirements of this
chapter cannot be reasonably met. The 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. The Board of Appeals shall
consider whether:
[a]
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;
[b]
The benefit sought by the applicant can be achieved by some method,
feasible for the applicant to pursue, other than an area variance;
[c]
The requested area variance is substantial;
[d]
The proposed variance will have an adverse effect or impact on the
physical or environmental conditions in the neighborhood or district;
and
[e]
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.
[2]
The
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.
(c)
Imposition
of conditions. The Board of Appeals shall, in the granting of both
use variances and area variances, have the authority to impose such
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 the zoning ordinance or local law and shall be
imposed for the purpose of minimizing any adverse impact such variance
may have on the neighborhood or community.
[Amended 5-16-1996]
E.
Procedure.
(1)
General
provisions. The Board of Appeals, consistent with law and ordinance,
may adopt rules of conduct and procedure.
(2)
Filing appeals.
An appeal to the Board of Appeals from any ruling of any building
inspector charged with the enforcement of this chapter may be taken
by any person or persons aggrieved or by any officer, department,
board or bureau of the Town.
(a)
The person
or persons so aggrieved must file a notice of appeal within 60 days
after the filing of any order, requirement, decision, interpretation
or determination of the Building Inspector charged with the enforcement
of the ordinance or local law. The notice of appeal must specify the
grounds for the appeal and the relief sought. The Building Inspector
from whom the appeal is taken shall transmit to the Board, upon payment
of the required fee, all papers constituting the record upon which
the action appealed from was taken.
(b)
The Building
Inspectors 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. The Board of Appeals requests that an instrument survey
accompany all applications; however, a tape location map may be accepted
at the Board's discretion. The applicant shall provide such additional
information, documents or evidence as shall be required by the Building
Inspectors to support the appeal to the Board of Appeals, such information,
documents, maps or other evidence, together with the denial, to be
reproduced in sufficient copies for the Board of Appeals. All required
documents, maps and information shall be filed with the Building Inspectors
at the time of the filing of the appeal. The Board of Appeals may
require attendance and testimony of the Building Inspectors and the
Town Engineer at its discretion. The attendance of the applicant or
his agent is required at all hearings, and without such attendance
the Board of Appeals may dismiss or adjourn the application at its
discretion.
(d)
The Board
of Appeals shall decide upon the appeal within 62 days after the conduct
of the public hearing.
(3)
Expiration
of variance. It shall be deemed a condition of each variance granted
that meaningful construction or actual use must be commenced within
one year of the date the variance is granted.
(4)
Reapplication.
An application for any variance or permit which has been denied by
the Board of Appeals may not be resubmitted to the Board of Appeals
for a period of one year from the date of such decision. The Zoning
Board of Appeals may, upon the presentation of new facts, entertain
a reapplication before the expiration of the aforesaid one-year period,
but only upon a unanimous vote of all the members of the Board of
Appeals then present at such reapplication. Prior to the hearing of
such a reapplication, all notices required to be given at an original
hearing must also be given.
[Added 2-4-1999]
[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.
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)]
[Added 11-5-2009 by L.L. No. 3-2009]
A.
Purpose. Special permit uses
are those uses having some special impact or uniqueness which requires
a careful review of their location, design, configuration and special
impact to determine, against fixed prescribed standards, the desirability
of permitting their establishment on any given site. They are uses
which may or may not be appropriate in a particular location depending
on a weighing, in each case, of the need and benefit against the local
impact and effect.
B.
Initiation. An application for
a special permit may be filed by the owner of, or the person having
a contractual interest in, the subject property. Such application
shall be on forms provided by the Town of Webster Building Division
and be accompanied by a nonrefundable fee, as established by the Town
Board. Within 62 days of receipt of a complete application, the Zoning
Board of Appeals shall hold a public hearing. Following the public
hearing and a determination under SEQRA, the Board shall render a
decision on the matter within 62 days, unless the time frame has been
extended by mutual agreement.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Effect of permit. A special
permit issued in accordance with the provisions of this chapter shall
authorize only the special permit use for which the permit is granted.
Any use for which a special permit is granted shall be deemed a use
permitted on the property upon which it is located, except that for
any additional use or enlargement of such use, a separate use permit
shall be required for each addition or enlargement. The special permit
may include reasonable conditions related to the proposed use, which
the Zoning Board of Appeals determines to be necessary or appropriate
to ensure that the applicable standards and safeguards set forth in
this section for the use can be and will be met and/or adhered to.
A special permit shall be valid for a period of one year to five years,
as determined by the Zoning Board of Appeals. Failure to exercise,
maintain or continue a use which has been granted a special permit
for a period of one year shall render such permit void.
D.
Standards for special permits.
Before granting approval to any special permit use, the Zoning Board
of Appeals shall determine whether the proposed special use will,
among other things, satisfy the following considerations:
(1)
The use will not prevent
the orderly and reasonable use of adjacent properties or of properties
in adjacent use districts.
(2)
The public health, safety,
general welfare or order of the Town will not be adversely affected
by the proposed use in its location.
(3)
The use will be in general harmony with and promote the general purposes and intent of the most recent Comprehensive Plan of the Town and the Zoning Ordinance (Chapter 350).
(4)
The proposed use will not
interfere with the preservation of the general character of the neighborhood
in which such building is to be placed or use is to be conducted and
that the proposed use will, in fact, be compatible with its surroundings
and with the character of the neighborhood and of the community in
general, particularly with regard to visibility, scale and overall
appearance.
(5)
The physical characteristics
and topography of the proposed site make it suitable for the proposed
special use.
(6)
The proposed special use
provides appropriate landscaping and/or other forms of buffering to
protect surrounding land uses.
(7)
The property has sufficient,
appropriate and adequate area for the use, as well as reasonably anticipated
operation thereof.
(8)
Access to facilities is
adequate for the estimated traffic generated by the proposed use on
public streets and sidewalks so as to assure the public safety and
to avoid traffic congestion.
(9)
Adequate parking and internal
traffic circulation can be accommodated on the property in compliance
with other sections of the Code, taking into account adequate buffering
and landscaping.
(10)
Adequate facilities exist
or can be integrated into the site development to properly deal with
stormwater runoff, sanitary sewers, fire protection, electrical power
needs, refuse or other waste that may be generated, odors, noise or
lights which may go beyond property boundaries.
(11)
The natural characteristics
of the site are such that the proposed use may be introduced on the
property without undue disturbance or disruption of important natural
features, systems or processes and without negative impact to groundwater
and surface waters on and off the site.
(12)
The proposed use can and
will comply with all provisions of this chapter and of the Code which
are applicable to it and can meet every other applicable federal,
state, county and local law, ordinance, rule or regulation.
E.
Notice of application.
[Amended 6-3-2021 by L.L. No. 4-2021]
(1)
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.
(2)
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.
F.
Revocation of special permit.
(1)
A use authorized under this
section by special permit may be revoked by the Zoning Board of Appeals
if it has been determined, after a public hearing, that there has
been a material failure of compliance with any one of the terms, conditions,
limitations or requirements imposed by said permit.
(2)
Said public hearing shall
be held only after the permit grantee has been notified, as hereinafter
described, by the Zoning Official. Notice of the violations or of
failure of compliance with any one of the terms, conditions, limitations
or requirements imposed by said permit, and of the date, place and
time of the public hearing, shall be mailed to the special permit
grantee by certified mail, return receipt requested, directed to the
last known address of the permit grantee.
(3)
At least 10 days before
said public hearing, a legal notice of said hearing shall be published
in a newspaper of general circulation in the Town.
[1]
Editor's Note: Original § 225-110,
Special use permits, was repealed 6-17-1993.
Every application, petition or request submitted
for a variance, amendment, change of zoning, planned unit development
or site plan approval pursuant to this chapter shall state the name,
residence and the nature and extent of the interest of any officer
or employee of the State of New York, County of Monroe or Town of
Webster having an interest in the person, partnership, association
or corporation making such application, petition or request or owning
an interest in the property affected by the application. Officers
and employees having an interest shall be those described in § 809
of the General Municipal Law of the State of New York.
The Town Board may from time to time, on its
own motion or on petition or on recommendation of the Planning Board,
amend, supplement, change, modify or repeal this chapter pursuant
to the provisions of the Town Law and General Municipal Law applicable
thereto. Every application for rezoning shall be referred to the Planning
Board, which shall recommend approval or disapproval prior to the
public hearing thereon.
[Amended 8-10-1978; 6-17-1993]
A.
Violations and
penalties.
(1)
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, hereinafter called the "Zoning Official," 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 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 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 of any order, requirement, decision
or determination issued by the Zoning Official 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
week's continued violation shall constitute a separate additional
violation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
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 ordinance.
(a)
Any owner,
general agent or contractor of a building, premises or part thereof
where a violation has been committed or does exist shall be guilty
of such an offense.
(b)
Any agent,
contractor, architect, builder or corporation or other person who
commits, takes part in or assists in a violation shall be guilty of
such an offense.
B.
Complaints.
Whenever a violation of this chapter occurs, any person may file a
complaint in regard thereto. All such complaints must be in writing
and shall be filed with the Zoning Official, who shall properly record
such complaint and immediately investigate. Complaints otherwise given
to the Zoning Official may or may not be acted upon.[1]
[1]
Editor's Note: Original § 225-114,
Complaints, amended 8-10-1978, which immediately followed this section,
was repealed 6-17-1993.
