A.
No board, agency, officer, or employee of the town
shall issue, grant, or approve any permit, license, certificate, or
other authorization, including adjustments by the Board of Appeals,
for any construction, reconstruction, alteration, enlargement, or
moving of any building, or for any use of land or building that would
not be in full compliance with the provisions of this chapter. Any
such permit, license, certificate, or other authorization issued,
granted or approved in violation of the provisions of this chapter
shall be null and void and of no effect, without the necessity of
any proceedings or revocation or nullification thereof, and any work
undertaken or use established pursuant to any permit, license, or
certificate or authorization, shall be unlawful, and no action shall
be taken by any board, agency, officer or employee of the town purporting
to validate any such violation.
B.
This chapter shall be enforced by the Zoning Inspector,
in accordance with the provisions of this chapter.
No structure or use which requires site plan
or special permit approval shall be erected, constructed, enlarged,
or moved until a permit therefor has been issued by the Zoning Inspector.
All other structures or uses shall require notification to the Zoning
Inspector prior to construction in order to assure compliance. Except
upon a written authorization of the Board of Appeals, no zoning permit
or certificate of occupancy shall be issued for any building where
said erection, construction, enlargement, addition, alteration, or
moving thereof would be in violation of any of the provisions of this
chapter.
A.
It shall be unlawful for an owner to use or permit the use of any building or premises for which a zoning permit is required in accordance with § 155-34 until a certificate of compliance shall have been issued by the Zoning Inspector. Such certificate shall state that such building or premises, or part thereof, and the proposed use thereof are in complete conformity with the provisions of this chapter. It shall be the duty of the Zoning Inspector to issue a certificate of compliance upon request of the applicant for any use and premises provided that the building and the proposed use of the building or premises conforms with all the requirements of this chapter.
B.
A temporary certificate of compliance may be issued
by the Zoning Inspector under such conditions as approved by the Zoning
Board of Appeals.
C.
No preexisting use shall be changed or extended without
a certificate of compliance having first been issued by the Zoning
Inspector therefor.
D.
A certificate of compliance shall be deemed to authorize
and is required for both initial and continued occupancy and use of
the building or land to which it applies, and shall continue in effect
as long as such building and the use thereof, or of such land, is
in full conformity with the provisions of this chapter and any requirements
made pursuant thereto. On the serving of notice by the Zoning Inspector
of any violation of any of the said provisions or requirements in
respect to any building or the use thereof, or of land, the certificate
of compliance for such use shall thereupon become null and void, and
a new certificate of compliance shall be required for any further
use of such building or land.
E.
The Zoning Inspector shall maintain a record of all
certificates, and copies shall be furnished, upon request, to any
person having a proprietary or tenancy interest in the building affected.
Upon written request from the owner, and by payment by him to the
town of a fee as set from time to time by resolution of the Town Board,
the Zoning Inspector shall issue a certificate of compliance for any
building or premises existing at the time of the enactment of this
chapter, certifying, after inspection, that the extent and kind of
use and disposition conforms with the provisions of this chapter.[1]
A.
Any owner, lessee, tenant, occupant, architect or
builder, or the agent of any of them, who violates or is accessory
to the violation of any provisions of this chapter, or who fails to
comply with any of the requirements thereof, or who erects, constructs,
alters, enlarges, converts, or moves, uses any building, or uses any
land in violation of any detailed statement or plans submitted by
him and approved under the provisions of this chapter, shall be guilty
of an offense, and shall be liable to the penalties provided in § 268
of the Town Law. Each 60 days' violation shall constitute a separate
offense. Violations shall be prosecuted and penalties collected in
the manner prescribed by law or ordinance effective in the town.
B.
Any building erected, constructed, altered, enlarged,
converted, moved or used contrary to any of the provisions of this
chapter, and any use of any land or any building which is conducted,
operated or maintained contrary to any of the provisions of this chapter,
shall be and the same is hereby declared to be unlawful. The Zoning
Inspector may institute an injunction, mandamus, abatement, or any
other appropriate action to prevent, enjoin, abate, or remove such
erection, construction, alteration, enlargement, conversion, or use
in violation of any of the provisions of this chapter. Such action
may also be instituted by any property owner who may be particularly
damaged by any violation of this chapter. The Zoning Inspector shall
serve notice personally, or by certified mail, on the person or corporation
committing or permitting the same and, if such violation does not
cease within such time as the Zoning Inspector may specify, and a
new certificate of compliance is not obtained, he shall institute
such of the foregoing actions as may be necessary to terminate the
violation. Such notice may also be served by posting on the premises.
C.
The remedies provided for herein are cumulative and
not exclusive, and shall be in addition to any other remedies provided
by law.
A.
Creation, appointment and organization. A Board of
Appeals is hereby created as provided by law. Said Board shall consist
of five members. The Town Board shall designate one member of the
Board as Chairman. The Board of Appeals shall appoint a secretary
and shall prescribe rules for the conduct of its affairs.
B.
Powers and duties, general. The Board of Appeals shall
have all the powers and duties prescribed by law and by this chapter,
which powers and duties are summarized and more particularly specified
as follows, provided that none of the following sections shall be
deemed to limit any of the power of the Board of Appeals that is conferred
by general law.
C.
Interpretation. On appeals from an order, requirement, decision or determination made by an administrative official, or on request from any official or agency of the town, the Board of Appeals shall have the power to decide any question involving the interpretation of any provision of this chapter, including determination of the exact reference to the rules specified in § 155-4.
D.
Variance or adjustment.
(1)
Where the strict application of any of the requirements
of this chapter in the case of an exceptionally irregular, narrow,
shallow, or steep lot, or other exceptional physical conditions, as
a result of which strict application would result in practical difficulty
or unnecessary hardship that would deprive the owner of the reasonable
use of the land or building involved, but in no other case, the Board
of Appeals shall have the power, upon appeal, to vary or adjust the
strict application of the regulations or provisions of this chapter.
(2)
Variances.[1]
(a)
Use variances.
[1]
The 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.
[2]
No such use variance shall be granted by a Board
of Appeals without a showing by the applicant that applicable zoning
regulations and restrictions have caused unnecessary hardship. In
order to 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:
[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.
[3]
The 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 this chapter, to grant area
variances as defined herein.
[2]
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:
[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; and
[e]
Whether the alleged difficulty
was self-created, which consideration shall be relevant to the decision
of the Board of Appeals, but shall not necessarily preclude the granting
of the area variance.
[3]
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 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.
In all cases where the Board of Appeals authorizes
the issuance of a zoning permit or compliance permit under any of
the above powers, it shall be the duty of said Board to attach such
conditions and safeguards as may be required to protect the public
health, safety, morals and general welfare.
A.
All appeals and applications to the Board of Appeals
shall be taken in the manner prescribed in § 267 of the
Town Law and within such time as shall be prescribed by the Board
of Appeals by general rule. All such appeals and applications shall
be in writing, on forms prescribed by the Board, and each appeal or
application shall fully set forth the circumstances of the case. Every
appeal or application shall refer to the specific provision of the
chapter involved, and shall exactly set forth, as the case may be,
the interpretation that is claimed, the details of the adjustment
that is applied for, and the grounds for which it is claimed that
the same should be granted. Every decision of the Board of Appeals
shall be recorded in accordance with standard forms adopted by the
Board, and shall fully set forth the circumstances of the case and
the findings on which the decision was based.
B.
Any person or persons, jointly or severally, aggrieved
by any decision of the Board of Appeals, or any officer, department,
board or bureau of the town, may apply to the Supreme Court of the
State of New York for relief by a proceeding under Article 78 of the
Civil Practice Law and Rules, as stated in § 267 of the
Town Law.
