A.
A Zoning Board of Appeals is hereby created. Said Board shall consist
of five members and one alternate member appointed by the Town Board,
which shall also designate a Chairperson. No person who is a member
of the Town Board shall be eligible for membership on such Zoning
Board of Appeals. Of the members of the Board, the first appointed
one shall hold office for the term of one year, one for the term of
two years, one for the term of three years, one for the term of four
years, and one for the term of five years from and after his appointment.
Their successors shall be appointed for the term of five years from
and after the expiration of the terms of their predecessors in office.
If a vacancy shall occur other than by expiration of a term, it shall
be filled by the Town Board by appointment for the length of the unexpired
term. The alternate member shall be appointed to a term of one year.
If a vacancy shall occur other than by expiration of a term, it shall
be filled by the Town Board by appointment for the length of the unexpired
term.
[Amended 9-7-2010 by L.L. No. 1-2010]
B.
In making such appointments, the Town Board may require
Zoning Board of Appeals members to complete training and continuing
education courses in accordance with any local requirements for the
training of such members.
C.
The Town Board shall have the power to remove, after
public hearing, any member of the Zoning Board of Appeals for cause
and may provide by local law for removal, after public hearing, of
any Zoning Board of Appeals member for noncompliance with minimum
requirements relating to meeting attendance and training as established
by the Town Board by local law.
D.
All meetings of the Zoning 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.
E.
The Zoning Board of Appeals shall establish such rules
and regulations as are required by state and local laws for the transaction
of its business and may amend, modify and repeal the same from time
to time.
F.
Whenever the Zoning Board of Appeals, after hearing
all the evidence presented upon an application for appeals under the
provisions of this chapter, denies or rejects same, said Board may
upon motion by any member of the Board hold a rehearing to review
any order, decision or determination of the Board not previously reviewed.
A unanimous vote of all members of the Board then present shall be
required for such rehearing to occur. Such rehearing shall be subject
to the same notice provisions as an original hearing. Upon such rehearing
the Board may reverse, modify or annul its original order, decision
or determination upon the unanimous vote of all members then present,
provided that the Board finds that the rights vested in persons acting
in good faith in reliance upon the reviewed order, decision or determination
will not be prejudiced thereby.
The Zoning Board of Appeals shall have all the powers and duties prescribed by Chapter 62, § 267, of the Town Law of the State of New York and by this chapter which are more particularly specified as follows:
A.
Review applications for special permitted use permits.
The Zoning Board of Appeals shall have the authority to review and
approve, approve with modifications or disapprove special permitted
use permits as specified in this chapter.
[Added 12-1-1998]
B.
Administrative review.
(1)
The Zoning Board of Appeals shall hear and decide
appeals where it is alleged there is error in any order, requirement,
decision or determination made by an administrative officer or body
in the enforcement of this chapter.
(2)
The Zoning Board of Appeals may reverse or affirm
wholly, partly, or may modify the order, requirement, decision or
determination appealed from and shall make such order, requirement,
decision or determination as in its opinion ought to be made, and
to that end shall have all the powers of the officer from whom the
appeal is taken.
(3)
The Zoning Board of Appeals shall hear and decide
on interpretive matters where the provisions of this chapter, including
the determination of exact district boundaries, are not clear.
C.
Variances.
(1)
The Zoning Board of Appeals is empowered to authorize,
upon appeal in specific cases, such variance from the terms of this
chapter as will not be contrary to the public interest where, owing
to conditions peculiar to the property, and not the result of the
action of the applicant, a literal enforcement of the provisions herein
would result in unnecessary hardship or practical difficulties.
(2)
As used herein, a variance may be authorized for height,
area, size of structure, size of yards and open spaces or establishment
or expansion of a use otherwise prohibited.
(3)
A variance shall not be granted solely because of
the presence of nonconformities in the zoning district or uses in
other zoning districts.
(4)
In granting any variance, the Zoning Board of Appeals
shall prescribe any conditions that it deems to be necessary or desirable.
(5)
Variances granted shall be the minimum which would
accomplish the purpose of providing for reasonable use of land or
buildings.
(6)
Variances granted shall be in harmony with the general
purpose and intent of this chapter and shall not be injurious to the
neighborhood or otherwise detrimental to the public welfare.
A.
Variance procedure.
(1)
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.
(2)
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.
[Amended 4-15-2003]
(3)
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.
(4)
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.
[Amended 4-15-2003]
(5)
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.
(6)
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.
(7)
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.
[Amended 4-15-2003]
(8)
In its review, the Zoning Board of Appeals may consult
with any other Town, county and state officials or boards.
(9)
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.
(10)
The Town Clerk or CEO shall provide the Town
Board with a monthly report of the actions taken by the Zoning Board
of Appeals.
(11)
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.
B.
Appeals procedure.
(1)
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.
(2)
Such appeal may be taken by any person aggrieved or
by an officer, department, board or bureau of the Town.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
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.
C.
Permitted actions on use or area variances.
(1)
Use variances.
(a)
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.
(b)
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:
[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 is unique, and does 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.
(c)
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.
(2)
Area variances.
(a)
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.
(b)
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; and
[5]
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.
(c)
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.
(3)
Imposition of 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. 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.
The office of the Town Clerk shall be the office
of the Zoning Board of Appeals. Every rule, regulation, amendment
or repeal thereof and every order, requirement, decision or determination
of the Board shall immediately be filed in said office as required
by § 267 of the Town Law of the State of New York. The Zoning
Board of Appeals shall keep minutes of its proceedings, showing the
vote, indicating such fact, and shall keep records of its environmental
reviews and determination, its examinations and other official action.
[Amended 8-16-2011 by L.L. No. 2-2011]
Any variance or modification of this chapter
authorized by the Zoning Board of Appeals shall be automatically revoked
unless a building permit conforming to all the conditions and requirements
established by the Zoning Board of Appeals is obtained within nine
months of the date of approval by the Zoning Board of Appeals and
construction commenced within 15 months of such date of approval.
A site plan approved by the Planning Board conforming to all of the
conditions and requirements established by the Zoning Board of Appeals
shall be obtained within 12 months of the date of the approval by
the Zoning Board of Appeals and construction commenced within 18 months
of such date of approval.
Failure to comply with any condition or restriction
prescribed by the Zoning Board of Appeals in approving any appeal
for a variance or a modification of regulations shall constitute a
violation. Such violation may constitute the basis for revocation
of a variance or modification or for imposing penalties and other
applicable remedies.
A.
Pursuant to the provisions of the Town Law applicable
thereto, the Town Board shall appoint a Planning Board consisting
of the number of members and for the term of years set forth in § 271
of the Town Law.
B.
The Planning Board shall establish such rules and
regulations as are required by law and the provisions herein for the
transaction of its business, and may amend, modify and repeal the
same from time to time.
The Planning Board shall have the following
powers and duties:
A.
Said members are hereby vested with the powers and
duties and made subject to the limitations set forth in Town Law,
as the same may be amended, modified or changed from time to time,
or any sections subsequently adopted pertaining to Planning Boards.
B.
To review and, from time to time, propose modifications
to the Comprehensive Plan for consideration by the Town Board.
C.
To review development proposals, to approve or disapprove
the laying out, closing off, abandonment or changes in lines of streets,
highways and public areas and to make recommendations to the Town
Board.
D.
To make investigations and reports relating to the
planning and development of the Town, including changes in boundaries
of districts, recommended changes in the provisions of this chapter,
and to act on any matter lawfully referred to it by the Town Board.
E.
To review, act on or provide advisory reports or applications
as specified by this chapter.
F.
To review and approve, approve with modifications
or disapprove site plans, prepared to specifications set forth in
this chapter, showing the arrangement, layout and design of proposed
uses, buildings and/or structures shown on such plan.
[Amended 12-1-1998]
G.
To review and approve, approve with modifications
or disapprove subdivisions showing lots, blocks or sites, with or
without streets or highways in accordance with the provisions of this
chapter and §§ 276, 277 and 278 of Town Law.
[Amended 12-1-1998]
The office of the Town Clerk shall be the office
of the Planning Board. Every rule, regulation, amendment or repeal
thereof and every order, requirement, decision or determination of
the Board shall immediately be filed in said office as required by
the Town Law of the State of New York. The Planning Board shall keep
minutes of its proceedings, showing the vote, indicating such fact,
and shall keep records of its environmental reviews and determinations,
its examinations and other official actions.
The duty of administering and enforcing the
provisions of this chapter is hereby conferred upon the Code Enforcement
Officer (hereinafter referred to as CEO) who shall have such powers
as are conferred upon him by this chapter. He shall be appointed by
the Town Board and shall carry out any directives from the Board relative
to the duties of the position set forth below. The CEO shall receive
such compensation as the Town Board shall determine.
A.
It shall be the duty of the CEO or any duly authorized
assistants to cause any plans, buildings or premises to be examined
or inspected to determine that they are not in violation of the provisions
of this chapter. In the fulfillment of their duties, the CEO or any
authorized assistants may enter any premises or building during reasonable
hours in the course of their duties in accordance with state law after
due written notice has been given.
B.
If the CEO shall find that any of the provisions of
this chapter are being violated, the officer shall notify, in writing,
the person responsible for such violations, indicating the nature
of the violation and ordering corrective action. In an effort to attain
compliance, the CEO shall have the authority to order the discontinuance
of illegal uses of land, buildings or structures; removal of illegal
buildings or structures, or illegal additions, alterations or structural
changes; stop work; or the discontinuance of any illegal work in process.
On the serving of notice by the CEO to the owner of any property violating
any of the provisions of this chapter, the certificate of occupancy
or certificate of compliance, as appropriate, for such building or
use shall be held null and void. New certificates of occupancy and/or
compliance shall be required for any further use of such building
or premises.
C.
It shall be the duty of the CEO to issue permits and
certificates to applicants who fully comply with the provisions of
this chapter.
D.
The CEO shall maintain a permanent and current record
of all applications for permits and certificates, the CEO's action
upon same, any conditions relating thereto, and any other matters
considered and action taken by the CEO. Such records shall form a
part of the records of the CEO's office and shall be available for
use by Town officials and for inspection by the public. The records
to be maintained shall include the following:
(1)
Application file. An individual permanent file for
each application for a permit or certificate provided for by this
chapter shall be established at the time the application is made.
Said file shall contain one copy of the application and all supporting
documents and plans; notations regarding pertinent dates and fees
and the like; as appropriate, one copy of any resolutions or actions
of the Town Board, Planning Board or Zoning Board of Appeals in acting
on the application; and the date the permit or certificate applied
for was issued or denied.
(2)
Monthly report. The CEO shall prepare a monthly report
for the Town Board. Said report shall cite all actions taken by the
CEO, including all referrals made; all permits and certificates issued
and denied; all complaints of violation received and all violations
found; and the action taken consequent thereon; and the time spent
and mileage used. A copy of this monthly report shall also be transmitted
by the CEO to the Tax Assessor, Planning Board and Zoning Board of
Appeals at the same time it is transmitted to the Town Board.
E.
Whenever the CEO denies a permit or certificate the
CEO shall, in writing, inform the applicant of the specific reasons
for denial and instruct the applicant on the proper methods to apply
for relief.
F.
The CEO shall maintain a current list and a map of
nonconforming uses to determine if discontinuance or destruction,
or change in use or vacancy, has taken place.
G.
The CEO shall maintain a current list and a map showing
the variances and special permitted use permits to determine if the
conditions and safeguards placed on variances and special permitted
use permits are being complied with.
H.
Upon written direction from the Town Zoning Board
of Appeals, the CEO shall issue special permitted use permits. Upon
approval of a variance by the Zoning Board of Appeals, the CEO shall
be empowered to issue the necessary permits with the specific conditions
to be imposed.
I.
The CEO shall be authorized and empowered to issue
appearance tickets pursuant to § 150.20 of the New York
State Criminal Procedure Law.
[Amended 4-15-2003]
The certificates and permits enumerated herein
are hereby established for the equitable enforcement and administration
of the provisions of this chapter. A zoning permit shall be a prerequisite
for the erection or alteration of a building, structure or use thereof
or for the change in the use of any land area or existing building.
Permits issued pursuant to this section shall expire in 12 months.
The CEO may grant an extension for time of completion and include
any conditions or requirements deemed necessary or desirable. Applicants
shall justify the need for the proposed extension. Unless such an
extension is requested and approved, further work as described in
the canceled permit shall not proceed until a new permit has been
obtained. If a project is not initiated within six months of the issuance
of the permit, the permit issued shall be considered null and void.
A.
Zoning permit.
(1)
The Code Enforcement Officer is hereby empowered under
the procedures and requirements specified in Article 13 to issue a
zoning permit for any plans regarding the construction or alteration
or demolition of any building or part of any building, or the change
in the use of any land area or part thereof, or for the change in
use of any existing building, where he shall determine that such plans
are not in violation of the provisions of this chapter.
(2)
No development activities shall commence, nor shall
any building or structure be erected, moved, added to or structurally
altered or changed in use, nor shall any land area or part thereof
be changed in use without a zoning permit therefor issued by the Code
Enforcement Officer. No zoning permit shall be issued by the Code
Enforcement Officer except in conformity with the provisions of this
chapter, unless he receives a written order from the Zoning Board
of Appeals in the form of an administrative review or variance as
provided by this chapter.
B.
Special permitted use permit. Upon written direction
of the Zoning Board of Appeals, the Code Enforcement Officer is hereby
empowered to issue a special permitted use permit as provided for
by this chapter.
(1)
Uses permitted by special permit shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth in Article IX in addition to all other requirements of this chapter. All such uses are hereby declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case.
(2)
A special permitted use permit shall authorize only
one particular special permitted use. The special permitted use permit
shall expire if the use shall cease for more than one year for any
reason.
(3)
No person shall be issued a special permitted use
permit for a property where there is an existing violation of this
chapter.
(4)
Before any special permitted use permit shall be issued,
the Zoning Board of Appeals shall make written findings certifying
compliance with the specific rules governing individual special permitted
uses and that satisfactory provision and arrangement has been made
relative to the following additional concerns:
(a)
Ingress and egress to the property and proposed
structures thereon, with particular reference to vehicular and pedestrian
safety, and convenience, traffic flow and control, and access in case
of fire or catastrophe.
(b)
Off-street parking and loading areas where required, with particular attention to the items in Subsection B(4)(a) above, and the noise, glare or odor effects of the special permitted use on adjoining properties, and properties generally in the district, and the economic impact of the proposed special permitted use.
(d)
Utilities as appropriate, with reference to
locations, availability and compatibility.
(e)
Storm drainage, including potential impact on
downstream properties.
(f)
Screening and buffering, with reference to type,
dimensions and character.
(g)
Signs, if any, and proposed exterior lighting
with reference to glare, traffic safety, economic effect and compatibility
and harmony with properties in the district.
(h)
Required yards and other open space.
(i)
General compatibility with adjacent properties
and other properties in the zone district.
(5)
An original and seven copies of all applications for special permitted
use permits shall be submitted to the Building Department on forms
provided by the Building Department.
[Amended 9-7-2010 by L.L. No. 1-2010]
(6)
The application shall include a site plan of the special permitted
use and subject parcel drawn to scale which includes all of the data
specified herein.
[Amended 9-7-2010 by L.L. No. 1-2010]
(7)
The Code Enforcement Officer, 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 approval in
accordance with the procedures specified below.
[Amended 9-7-2010 by L.L. No. 1-2010]
(8)
The Code Enforcement Officer shall transmit a copy of the complete
application and supporting documents to the County Planning Board
for review when required under Article 12-B, § 239-m, of
the General Municipal Law.
[Amended 9-7-2010 by L.L. No. 1-2010]
(9)
Prior to taking action on an application for a special
permitted use, the Zoning Board of Appeals shall conduct a public
hearing on the proposed request. Said hearing shall be conducted within
62 days following the receipt of a complete application and supporting
documents from the Code Enforcement Officer. Public notice of the
hearing 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 application
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 by certified mail to all property owners within
500 feet of the property to be affected by said application or to
all property owners of contiguous land or properties adjoining said
property.
[Amended 12-1-1998]
(10)
Within 62 days from the date of such public
hearing, the Zoning Board of Appeals shall, by resolution, either
approve, approve with conditions or disapprove the application so
heard. The sixty-two-day period available to make a determination
may be extended by mutual agreement of the applicant and the Zoning
Board of Appeals.
[Amended 12-1-1998]
(11)
If the application was transmitted to the County
Planning Board under Article 12-B, § 239-m, of the General
Municipal Law, the Zoning Board of Appeals cannot act within the first
30 days following the referral of the application to the County Planning
Board unless said Board provides a written reply to the Town within
the thirty-day period.
(12)
In approving an application, the Zoning Board
of Appeals may impose any modifications or conditions it deems necessary
to conform with the goals and objectives of the Town's Comprehensive
Plan, and its principles of land use and development and to protect
the health, safety or general welfare of the public.
(13)
If an application is approved by the Zoning
Board of Appeals, the Code Enforcement Officer shall be furnished
with a copy of the approving resolution of the Zoning Board of Appeals
and he shall issue the permit applied for in accordance with the conditions
imposed by the Board.
(14)
If any application is disapproved by the Zoning
Board of Appeals, the reasons for such denial shall be set forth in
the Board 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.
(15)
The Code Enforcement Officer shall inspect the
premises of a use authorized and approved with a special permitted
use permit not less than one time each calendar year. The inspection
shall determine that the use is being operated consistent with the
terms and conditions established by the Zoning Board of Appeals in
approving the permit. If the Code Enforcement Officer shall determine
that the conditions are not in compliance with the permit, the Code
Enforcement Officer shall nullify the special permitted use permit
and set forth the procedures and requirements for reestablishing the
use. The use may not be operated until a new application is submitted
and approved.
C.
Temporary use permits. Upon written direction of the
Town Board, the CEO is hereby empowered to issue temporary use permits
as specified herein.
(1)
All temporary use permit(s) approved by the Town Board
shall be in effect for a period of one year. Said permit(s) may be
extended by the Town Board for additional periods not to exceed 12
months, and only if the applicant demonstrates that the use shall
not continue indefinitely.
[Amended 4-15-2003]
(2)
In the event that a permanent residence is destroyed
by fire or another means, a temporary use permit may be approved to
enable the placement of a temporary residence on a lot in a residential
district, provided that the owner of the property obtains a building
permit to erect a dwelling unit on said lot in accordance with Town
regulations.
[Amended 4-15-2003]
D.
Certificates of compliance/occupancy
(1)
It shall be unlawful to use or occupy or permit the
use or occupancy of any building or premises, or both, or part thereof
hereafter created, erected, changed, converted or wholly or partly
altered or enlarged in its use or structure until a certificate of
compliance or certificate of occupancy, as appropriate, has been issued
by the Code Enforcement Officer stating that the proposed use of the
building or land conforms to the requirements of this chapter.
(2)
Failure to obtain either a certificate of occupancy
or compliance shall be a violation of this chapter and punishable
as provided for herein.
(3)
Within seven days after the completion of the change
in use of a building or parcel of land, the applicant shall so notify
the Code Enforcement Officer stating that such action has been completed
in compliance with this chapter. The applicant shall provide the Code
Enforcement Officer with suitable evidence to document compliance.
This evidence shall be in the form of an instrument survey or comparable
documentation. Within seven days of the receipt of this notification,
the Code Enforcement Officer shall conduct a final inspection of the
premises to determine whether the new use complies with the requirements
of this chapter. If the Code Enforcement Officer determines that said
building or use complies with the provisions herein, he shall issue
a certificate of compliance. If it is determined that the provisions
specified herein are not fully complied with, the Code Enforcement
Officer shall specify the violations and the terms and conditions
for remedying these violations. A certificate of compliance shall
not be issued until such violations are corrected.
[Amended 4-15-2003]
(4)
No nonconforming building or use shall be maintained,
renewed, changed or extended without a certificate of compliance having
first been issued by the Code Enforcement Officer. The certificate
of compliance shall state specifically wherein the nonconforming use
differs from the provisions of this chapter.
E.
Temporary special events.
[Added 4-15-2003]
(1)
Purpose and intent. The purpose and intent of this
subsection is to provide for the temporary use of land for special
events in a manner consistent with its normal use and beneficial to
the general welfare of the public. Furthermore, it is the intent of
this subsection to protect nearby property owners, residents and businesses
from special events which may be disruptive, obnoxious, unsafe or
inappropriate given site conditions, traffic patterns, land use characteristics,
and the nature of the proposed use. Finally, it is the intent of this
subsection to preserve the public health, safety and convenience.
(2)
Special event defined.
(a)
The term "special event" shall mean a temporary,
short-term use of land or structures, not otherwise included as a
permitted or accessory use by these regulations, for one or more of
the following types of activities:
[1]
Type 1: fund-raising or noncommercial events
for nonprofit religious, educational, or community service organizations;
including any on-site signs and structures in conjunction with the
event.
[2]
Type 2: temporary banners attached to the wall
of a building or placed across street rights-of-way.
[3]
Type 3: promotional activities or devices intended
to attract attention to a specific place, business, organization,
event or district, such as signs, searchlights or balloons.
[4]
Type 4: commercial activities intended to sell,
lease, rent or promote specific merchandise, services or product lines,
such as a tent sale, trade show, farmers market, Christmas tree sales,
or product demonstration.
[5]
Type 5: public events intended primarily for
entertainment or amusement, such as concerts, festivals, carnivals,
circuses or parades; or large private events such as film production.
In addition, the temporary placement of a portable asphalt plant during
construction work on any public road when such placement is not adjacent
to said construction but will be placed within 1 and 1/4 miles of
said construction.
(b)
The term "special event" shall not include amusement
enterprises or garage sales at an individual residence, transient
merchants, or off-site promotional signs.
(3)
Special events not requiring a permit. Special events
meeting the Type 1 definition are allowed without a special event
permit, provided all of the following performance standards are met:
(a)
The special event is conducted entirely on private
property owned or leased by the sponsoring organization as a permanent
facility.
(b)
Any structure used in conjunction with the special
event shall meet all applicable yard setbacks, shall be the subject
of a valid zoning certificate, and shall be promptly removed upon
cessation of the event.
(c)
The special event shall be restricted to hours
of operation between 6:00 a.m. and 10:00 p.m., to a maximum duration
of four days, and to a maximum frequency for similar events of two
times per calendar year.
(4)
Special events subject to an administrative permit.
Special events meeting the following standards may be issued a special
event permit administratively by the Code Enforcement Officer. In
administering the provisions of this section, the Code Enforcement
Officer shall be guided by applicable Town policies as adopted by
the Town Board. Any applicant denied a special event permit shall
be notified in writing of the reasons for the denial and of the opportunity
to appeal the denial to the Town Board.
(a)
Special events meeting the Type 2 definition
may be permitted administratively by the Code Enforcement Officer,
provided that all of the following performance standards are met:
[2]
No more than one banner will be displayed when
attached to the wall of a building.
[3]
The size and design of the banners will be appropriate,
given the size of the building to which they are attached and the
character of the surrounding neighborhood.
[4]
The banner will be displayed for a maximum duration
of 15 days per permit.
(b)
Special events meeting the Type 3 or Type 4 definition, and Type 1 events not meeting the standards of Subsection E(3), may be permitted administratively by the Code Enforcement Officer subject to the prior review and approval of special arrangements for traffic and crowd control, as appropriate, by the Sheriff, Fire Chief of the appropriate fire district, and Town Engineer. No such administrative permit shall be issued unless all of the following performance standards are met:
[2]
The special event will not cause undue traffic
congestion or accident potential given anticipated attendance and
the design of adjacent streets, intersections and traffic controls.
[3]
The activity shall not cause the overcrowding
of parking facilities given anticipated attendance and the possible
reduction in the number of available spaces caused by the event itself.
[4]
The special event shall not endanger the public
health, safety, or welfare given the nature of the activity, its location
on the site, and its relationship to parking and access points.
[5]
The special event shall not impair the usefulness,
enjoyment or value of adjacent property due to the generation of excessive
noise, smoke, odor, glare, litter or visual pollution.
[6]
Any structure used in conjunction with the special
event shall meet all sight distance requirements, shall be the subject
of a valid building permit, and shall be promptly removed upon the
cessation of the event.
[7]
The special event shall be conducted on private
property where the property owner has granted the appropriate permission.
[8]
The duration and hours of operation of the special
event shall be consistent with the intent of the event and the surrounding
land uses, but in no case shall the duration exceed 10 days.
(5)
Special events subject to Town Board approval. Any special event not meeting the criteria of Subsection E(3) or (4) may be granted a special event permit by the Town Board. Such permit may be subject to such conditions and safeguards as the Town Board may deem necessary to protect the public health, safety and welfare. These conditions may include, but shall not be limited to:
(a)
Restrictions on the hours of operation, duration
of the event, size of the activity, or other operational characteristic.
(b)
The posting of a performance bond to help ensure
that the operation of the event and the subsequent restoration of
the site are conducted according to Town Board expectations.
(c)
The provision of traffic control or security
personnel to increase the public safety and convenience.
(d)
Obtaining liability and personal injury insurance
in such form and amount as the Town Board may find necessary to protect
the safety and general welfare of the community.
(6)
Application and fee.
(a)
No special event permit shall be issued until
an application has been submitted to the Code Enforcement Officer
and the appropriate fee paid. The application shall be made on forms
provided by the Code Enforcement Officer, and shall be accompanied
by the following items as applicable:
[1]
A letter from the applicant describing the proposed
event, the hours of operation, the duration of the event, anticipated
attendance, and any structures, signs or attention-attracting devices
used in conjunction with the event.
[2]
A sketch plan showing the location of the proposed
activities, structures and signs in relation to existing buildings,
parking areas, streets and property lines.
[3]
A letter from the property owner or manager,
if different from the applicant, agreeing to the special event.
(b)
Each application for a special event permit
shall be accompanied by an application fee, except that such fee shall
be waived for any applicant registered with the State of New York
as a nonprofit organization. The fees shall be as established by the
Town Board by separate resolution.
(c)
The special event permit shall be posted on
the site for the duration of the event.
F.
Administrative
adjustment.
[Added 9-7-2010 by L.L. No. 1-2010]
(1)
Authority. The Building Inspector shall have authority to issue administrative
adjustments, but only in accordance with the provisions of this section.
(2)
Purpose. For purposes of this section, carrying out the strict letter
of a provision of this chapter may cause a practical difficulty, and
an administrative adjustment is permitted to alleviate these practical
difficulties in cases where all reasonable attempts were made to comply
with the setback requirements, but, because of errors made, the structure
was located within the required setback. This procedure can only be
applied to new structures that obtained building permits in accordance
with state and Town regulations.
(3)
Administrative adjustment standards. To approve an application for
an administrative adjustment, the Building Inspector shall make an
affirmative finding that the following standards are met:
(a)
The benefits to the applicant of the approval of the administrative
adjustment outweigh any detriments to the health, safety and welfare
of the neighborhood or community by such approval.
(b)
There is no means other than the requested administrative adjustment
by which the difficulty can be avoided or remedied to a degree sufficient
to permit a reasonable use of the subject lot or parcel.
(4)
Procedures
(a)
Application. An application for an administrative adjustment
shall include a brief description of the requirement to be varied
and any other material necessary to ensure the criteria in this section.
(b)
Action by Building Inspector. Within 45 days, the Building Inspector
shall review the application and approve, approve with conditions
or deny the application based upon the criteria below. A written decision
including affirmative findings on the criteria set forth below shall
be mailed to the applicant.
(c)
Approval or denial. The Building Inspector shall have the authority to approve an administrative adjustment of up to one foot from any numerical standard set forth in this chapter. Any request greater than one foot shall be treated as a variance and reviewed by the Zoning Board of Appeals subject to the requirements of § 165-19.
(5)
Appeals.
(a)
Appeal of a decision by the Building Inspector on an administrative adjustment shall be taken to the Zoning Board of Appeals within 60 days of the date of the Director of Zoning's decision in accordance with the procedures outlined in § 165-19.
(b)
An appeal from any final decision of the Zoning Board of Appeals
as to any matter regarding the administrative adjustment may be taken
within 30 days of the filing of such decision by any person aggrieved
or by any authorized officer, department, bureau, board or commission
of the City in accordance with Article 78 of the New York Civil Practice
Law and Rules.
[Amended 4-15-2003]
Each application for a site plan review, temporary
use or special permitted use shall be accompanied with a proposed
site plan. All site plans submitted to the Town for review and approval
shall be prepared by a licensed professional engineer, architect,
land surveyor or landscape architect as per New York State Education
Law. The materials to be submitted with each application shall clearly
show the conditions on the site at the time of the application, the
features of the site which are to be incorporated into the proposed
use or building, and the appearance and function of the proposed use
or building. The application shall include the following information
and specify both "before" and "after" conditions:
A.
The location, design, dimensions, use and height of
each proposed building and yard area.
B.
Property boundaries, as shown on an accurate map drawn
to scale, including the precise location of the center line of the
road, dimensions, North arrow and date.
C.
A general location map showing the location of the
property in relation to adjacent parcels.
D.
The location and arrangement of vehicular accessways
and the location, size and capacity of all areas to be used for off-street
parking.
E.
Information to describe topography and natural grades.
F.
Provisions for water supply, sewage disposal electric
and gas service, and storm drainage.
G.
The location of fire hydrants.
H.
The location and design of outdoor lighting facilities.
I.
The location and design of construction materials
of all proposed signs.
J.
The location and capacity of all areas to be used
for loading and unloading and the distance to the nearest intersection.
K.
The location and dimensions of sidewalks, walkways
and other areas established for pedestrian use.
L.
The design and treatment of open areas, buffer areas
and screening devices maintained, including dimensions of all areas
devoted to lawns, trees and other landscaping devices.
M.
The location of fire and other emergency zones.
N.
Other elements integral to the proposed development
as considered necessary by the Code Enforcement Officer, Town Engineer
or Planning Board, including a property survey, any and all requirements
to comply with the State Environmental Quality Review (SEQR) procedures,
other community impacts and the identification of any state or county
permits required for the execution of the project.
