A.
A Zoning Board of Appeals is hereby created. Said
Board shall consist of five members appointed by the Town Board of
the Town of Sweden, one of whom shall be designated by said Town Board
as Chair. Members shall be appointed for terms of five years from
and after the expiration of the terms of their predecessors in office.
If a vacancy shall occur otherwise than by expiration of term, it
shall be filled by the Town Board by appointment for the unexpired
term.
B.
Except as provided elsewhere in Town ordinances and
regulations, the jurisdiction of the Zoning Board of Appeals shall
be appellate only and shall be limited to hearing and deciding appeals
from and reviewing any order, requirement, decision, interpretation
or determination made by the administrative official charged with
the enforcement of these zoning regulations and the subdivision regulations.[1] Such appeal may be taken by any person aggrieved or by
an officer, department, board or bureau of the Town.
C.
Such appeal shall be taken within 60 days after the
filing of any order, requirement, decision, interpretation or determination
of the administrative official charged with the enforcement of these
zoning regulations by filing with such administrative official and
the Zoning Board of Appeals a notice of appeal, specifying the grounds
thereof and the relief sought, along with the appropriate filing fee
as set by the Town Board. The administrative official from whom the
appeal is taken shall forthwith transmit to the Zoning Board of Appeals
all the papers constituting the record upon which the action appealed
was taken.
D.
The Zoning Board of Appeals shall fix a reasonable
time for the hearing of the appeal or matter referred to it and give
public notice of such hearing by publication in a paper of general
circulation in the Town at least five days prior to the hearing. The
Zoning Board of Appeals may provide that the hearing be further advertised
in such manner as it deems most appropriate for full public consideration.
Upon the hearing, any party may appear in person or by agent or attorney.
E.
The Zoning Board of Appeals shall decide upon the
appeal within 62 days after the conduct of said hearing. 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.
F.
The decision of the Zoning Board of Appeals on the
appeal shall be filed in the office of the Town Clerk within five
business days after such decision is rendered and a copy thereof mailed
to the applicant. A copy of the minutes shall suffice for this purpose.
G.
In accordance with § 267-c of the Town Law, an applicant may apply for review of the decision of the Zoning Board of Appeals by a proceeding under Article 78 of the Civil Practice Law and Rules. Such proceeding shall be instituted within 30 days after filing of the decision with the Town Clerk as provided in Subsection F above.
I.
Permitted action by Zoning Board of Appeals.
(1)
Orders, requirements, decisions, interpretations,
determinations. The Zoning Board of Appeals may reverse or affirm,
wholly or partly, or may modify the order, requirement, decision,
interpretation or determination appealed from and shall make such
order, requirement, decision, interpretation or determination as,
in its opinion, ought to have been made in the matter by the administrative
official charged with the enforcement of these zoning regulations
and the subdivision regulations and to that end shall have all the
powers of the administrative official from whose order, requirement,
decision, interpretation or determination the appeal is taken.
A.
Use variances.
(1)
The Zoning Board of Appeals, on appeal from the decision
or determination of the administrative official charged with the enforcement
of these zoning regulations, shall have the power to grant use variances,
as defined therein. No such use variance shall be granted by the Zoning
Board of Appeals without a showing by the applicant that applicable
zoning regulations and restrictions have caused unnecessary hardship.
In order to prove unnecessary hardship, the applicant shall demonstrate
to the Zoning Board of Appeals that:
(a)
Under applicable zoning regulations, the applicant
is deprived of all economic use or benefit from the property in question,
which deprivation must be established 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; and
(d)
The alleged hardship has not been self-created.
(2)
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.
B.
Area variances.
(1)
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 such ordinance or regulation,
to grant an area variance, 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
health, safety and welfare of the neighborhood or community by such
grant. In making such determination, the Board shall also consider:
(a)
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.
(b)
Whether the benefit sought by the applicant
can be achieved by some method feasible for the applicant to pursue,
other than an area variance.
(c)
Whether the requested area variance is substantial.
(d)
Whether the proposed variance will have an adverse
effect or impact on the physical or environmental conditions in the
neighborhood or district.
(e)
Whether the alleged difficulty was self-created,
which consideration shall be relevant to the decision of the Zoning
Board of Appeals but shall not necessarily preclude the granting of
the area variance.
(2)
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.
C.
Conditions. 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 and/or
the period of time such variance shall be in effect. Such conditions
shall be consistent with the spirit and intent of these zoning regulations
and shall be imposed for the purpose of minimizing any adverse impact
such variance may have on the neighborhood or community.
A.
The Planning Board may grant special use permits as
set forth in these zoning regulations.
B.
When a proposed special use permit contains one or
more features which do not comply with the zoning regulations, application
may be made to the Zoning Board of Appeals for an area variance, without
the necessity of a decision or determination of an administrative
official charged with the enforcement of the zoning regulations. In
reviewing such application, the Zoning Board of Appeals shall request
the Planning Board to provide a written recommendation concerning
the proposed variance.
C.
The Planning Board may impose such reasonable conditions
and restrictions as are directly related to and incidental to the
proposed special use permit. Upon its granting of said special use
permit, any such conditions must be met in connection with the issuance
of permits by applicable enforcement agents or officers of the Town.
D.
The Planning Board may, when reasonable, waive any
preestablished requirements for approval, approval with modifications
or disapproval of special use permits submitted for approval. Any
such waiver, which shall be subject to appropriate conditions, may
be exercised in the event that any such requirements are found not
to be requisite in the interest of the public health, safety and general
welfare or inappropriate to a particular special use permit.
E.
The Planning Board shall conduct a public hearing
within 62 days from the day an application is received for a special
use permit. Public notice of said hearing shall be printed in a newspaper
of general circulation in the Town at least five days prior to the
date thereof. The Planning Board shall decide upon the application
within 62 days after the conduct of the hearing. The time within which
the Planning Board must render its decision may be extended by mutual
consent of the applicant and the Board. The decision of the Planning
Board on the application after the holding of the public hearing shall
immediately be filed in the office of the Town Clerk within five business
days after the day such decision is rendered and a copy thereof mailed
to the applicant. A copy of the minutes shall suffice for this purpose.
A.
No building permit shall be issued for the construction of, addition to or external alteration of a building on a parcel of land for any permitted use in any district until the site plans for such parcel of land have been approved by the Planning Board. Excepted from this requirement are one- or two-family dwellings and their customary accessory structures, farm-related structures and structures within a planned unit development whose site plans will be approved pursuant to § 175-53 of this chapter. Where a proposed structure is for a use permitted only by special use permit or conditional use permit, the applicant should apply simultaneously for such a permit. For information on application materials and other regulations for site plan approval, refer to Chapter A177, Land Use Development and Subdivision Regulations.
[Amended 8-22-2006 by L.L. No. 3-2006]
B.
Planning Board.
(1)
When a proposed site plan contains one or more features
which do not comply with the zoning regulations, application may be
made to the Zoning Board of Appeals, without the necessity of a decision
or determination of an administration official charged with the enforcement
of the zoning regulations. In reviewing such application, the Zoning
Board of Appeals shall request the Planning Board to provide a written
recommendation concerning the proposed variance.
(2)
The Planning Board shall have the authority to impose
such reasonable conditions and restrictions as are directly related
to and incidental to a proposed site plan.
(3)
The Planning Board may, when reasonable, waive any
requirements for the approval, approval with modifications or disapproval
of site plans submitted for approval. Any such waiver may be exercised
in the event that such requirements are found not to be requisite
in the interest of the public health, safety and general welfare or
inappropriate to a particular site plan. Such waiver shall include
conditions to assure that no undesirable change will be produced in
the character of the neighborhood or no detriment to nearby properties
will be created.
(4)
If an agricultural data statement is required, the
Clerk of the Planning Board shall mail notice of such application
to the owners of land as identified by the applicant in the agricultural
data statement. The cost of mailing said notice shall be borne by
the applicant.
(5)
The Planning Board may hold a public hearing on a
proposed site plan within 62 days from the day an application is accepted
for review. The Planning Board shall mail notice of said hearing to
the applicant at least 10 days before said hearing and shall give
public notice of said hearing in a newspaper of general circulation
in the Town at least five days prior to the date thereof.
[Amended 8-22-2006 by L.L. No. 3-2006]
(6)
The Planning Board shall make a decision on the application
within 62 days after such hearing or 62 days after the application
is accepted for review if no hearing has been held. The time within
which the Planning Board must render its decision may be extended
by mutual consent of the applicant and the Board. The decision of
the Planning Board shall immediately be filed in the office of the
Town Clerk and a copy thereof mailed to the applicant. A copy of the
minutes shall suffice for this purpose.
(7)
Approval of a site plan shall expire after 36 months,
unless the development is sufficiently complete for a certificate
of occupancy to be issued or, if the development is in two or more
phases, the first phase is sufficiently complete for a certificate
of occupancy to be issued. Reapproval after such expiration shall
be given without additional expense to the applicant, provided that
no changes are initiated by the applicant, Monroe County or the State
of New York or required due to amendments to the Town of Sweden ordinances.
(9)
The property owner, tenant and/or applicant shall
develop, maintain, operate and use the approved site strictly in conformance
with the final site plan approved by the Planning Board. Any deviation
from the approved plans in the development or use of the property
shall constitute a violation of the approval and shall cause the approval
to become void.
[Added 8-22-2006 by L.L. No. 3-2006]
The time limit on permits shall be one year,
unless otherwise specified.
[Amended 8-22-2006 by L.L. No. 3-2006]
A.
It shall be unlawful to use or to permit the use of
any building or structure hereafter located, erected or structurally
altered or any premises altered or converted wholly or partly in its
use until a certificate of occupancy has been issued by the Code Enforcement
Officer to the effect that the building, structure or premises so
located, erected or structurally altered and the proposed use thereof
conform to all the provisions and requirements of this chapter and
to the New York State Uniform Code. It shall be the duty of the Code
Enforcement Officer to issue or deny such a certificate of occupancy
within 10 days after a written application therefor has been filed.
B.
Exceptions to the above requirement for a certificate
of occupancy are farm buildings.
C.
Any application or request for a certificate of occupancy
shall be accompanied by a tape location map and the appropriate fee,
which fee, in the event of new construction, shall be paid upon application
for a building permit, and, in any event, the certificate of occupancy
shall be issued only upon final approval of the Code Enforcement Officer.
D.
Certificate of occupancy with conditions.
(1)
The Code Enforcement Officer, in his discretion, may
issue a certificate of occupancy with conditions where:
(a)
The subject dwelling or structure is in compliance
with this chapter as determined by the Code Enforcement Officer.
(b)
The subject dwelling or structure is near substantial
compliance with applicable laws, ordinances and rules.
(c)
The work required to bring the dwelling into
full compliance is not essential to making the building habitable
or structurally safe.
(2)
The Code Enforcement Officer shall determine the date
of expiration of a certificate of occupancy with conditions.
E.
A certificate of compliance shall be required for
all, but not limited to, the following: towers, sheds, decks, conveyances
and home generators.
