A.
Enforcement.
(1)
No board, agency, officer or employee of the Town shall issue, grant, or approve any permit, license, certificate, or other authorization for any construction, reconstruction, alteration, enlargement, or moving of any building or structure or for any use of land or building that would not be in full compliance with the provision of this chapter, except as permitted under § 182-49. 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.
(2)
Unless otherwise provided, the Zoning Enforcement Officer and any
other person designated by the Town Board for the purpose shall enforce
the provisions of this chapter, and any rules and regulations made
or as may be made in furtherance thereof. For such purposes he, or
other designated person, may, from time to time and at reasonable
hours, enter and inspect such building, structure or premises, and
may perform any other act or duty necessary for the proper enforcement
thereof, including issuance of notice of violations and orders to
remedy, stop-work orders, and appearance tickets.
B.
Records and reports.
(1)
The Zoning Enforcement Officer shall keep a permanent record, including
all pertinent maps and plans, of all applications for zoning permits,
certificates of compliance, and all relevant correspondence.
(2)
The Zoning Enforcement Officer shall also keep a permanent record
of all violations of this chapter whether reported by private citizens
or by any board, agency, officer or employee of the Town, and such
record shall show the disposition of all such violations.
(3)
The Zoning Enforcement Officer shall make a report to the Town Board
and Town Assessor, in writing, at least once each year or more often
as the Town Board may order, reporting the number and type of zoning
permits and certificates of compliance issued, and listing all reported
or continuing violations of this chapter, and disposition of pending
action of such violations.
Fees may be charged for permits issued, and processing of applications
for amendments, variances, and special use permits. The fee shall
be set by resolution of the Town Board and may be changed from time
to time in the same manner.
A.
No building, structure and/or use shall be constructed, altered,
enlarged or moved or excavation made therefor, or work begun thereon,
until a permit therefor has been issued.
B.
Applications for zoning permits shall be accompanied by a layout
sketch, drawn to approximate scale, showing the shape and dimensions
of the lot to be built upon, the size and location of all buildings
or structures proposed, as well as those that shall remain, the intended
use of each building or structure, and any such other information
with regard to the lot and neighboring lots as may be necessary to
determine and provide for the enforcement of this chapter. When conditions
warrant (i.e., new construction, expansion, etc.), a statement from
the Genesee County Health Department shall be provided by the applicant
certifying that the existing and/or proposed water supply and wastewater
treatment systems are adequate to serve the applicant's proposed project.
Application, together with a layout sketch, shall be submitted in
triplicate. When the zoning permit is issued or denied, the issuance
or denial shall be noted on the application in triplicate by the person
issuing or denying said permit and one copy returned to the applicant,
one copy filed with the Town Clerk and one copy kept with the Zoning
Enforcement Officer's records.
C.
The Zoning Enforcement Officer shall issue a zoning permit only after
the site plan, if required, has been approved by the Planning Board
and all required variances and special use permits have been obtained,
except that no site plan approval shall be required in the case of
individual one- or two-family dwellings or for permitted accessory
uses.
D.
The Zoning Enforcement Officer shall be notified that the site is
prepared for installation of the foundation of a structure, and shall
inspect the site to check the location of the structure.
E.
If a zoning permit is not obtained by the applicant within one year
after final approval, such approval shall be void.
F.
A zoning permit shall be void if construction is not substantially
completed within a period of one year from the date of said permit.
The Zoning Enforcement Officer may issue a six-month extension of
a permit for good cause shown. Two such extensions of a permit will
be allowed. Any additional extensions after two shall require the
approval of the Zoning Board of Appeals.
G.
The zoning permit shall be located in a place readily visible to
the public.
No land shall be used or occupied and no building hereafter
erected, altered, or extended shall be used or changed in use until
a certificate of compliance has been issued by the Zoning Enforcement
Officer in accordance with the provision of this chapter.
A.
It shall be unlawful for any person, firm or corporation to construct,
alter, move, equip, use or occupy any building or structure or portion
thereof in violation of any provision of this chapter or any amendment
thereto, or to fail in any manner to comply with a notice, directive,
or order of the Zoning Enforcement Officer, or to construct, alter,
use or occupy any building structure or part thereof in a manner not
permitted by an approved zoning permit or certificate of compliance.
B.
It shall be unlawful for any person to fail to comply with a written
order of the Zoning Enforcement Officer within the time fixed for
compliance therewith.
C.
It shall be unlawful for any owner, builder, architect, tenant, contractor,
subcontractor, construction superintendent or their agents, or for
any other person taking part or assisting in the construction, alteration
or use of any building to violate any of the applicable provisions
of this chapter, or any lawful order, notice, directive, permit or
certificates of the Zoning Enforcement Officer made hereunder.
D.
Any violation of this section and/or this chapter shall be punishable
by a fine and/or imprisonment as set forth in New York State Town
Law § 268. Each and every week such violation continues
shall be deemed a separate and distinct violation.[1]
E.
The Zoning Enforcement Officer may, with permission of the Town Supervisor,
institute court action to enforce the provisions of this chapter,
or may refer the matter to the Town Board for its action.
F.
In addition to the foregoing remedies, the Town of Stafford may maintain
an action for injunction to restrain, correct or abate any violation
of this chapter and/or maintain an action at law for damages sustained
as a result of any violation of this chapter. Damages may include,
but not be limited to, the legal fees and court costs expended or
incurred by the Town as a result of any legal proceedings brought
hereunder.
Whenever a violation of this chapter occurs, any person may
file a complaint in regard thereto. All such complaints must be verified
in writing, signed, and shall be filed with the Zoning Enforcement
Officer who shall properly record such complaint and immediately investigate
it. Where the Zoning Enforcement Officer finds such violation, he
shall take appropriate action himself or refer the matter to the Town
Attorney or the Town Board for their action.
A.
Organization. The Planning Board shall consist of seven members appointed
by the Town Board as provided for in § 271 of the Town Law.
The Town Board shall designate a member of said Planning Board to
act as Chairperson thereof, and upon its failure to do so, the Planning
Board shall elect a Chairperson from its own members. Membership and
terms of office for the Planning Board shall be as set forth in Town
Law. The Planning Board shall elect such other officers as necessary
to conduct its business. Upon the absence by any Planning Board member
from three duly scheduled regular meetings in any twelve-consecutive-month
period, such member shall be subject to removal upon the completion
of all proceedings and subject to all provisions as required by law.
B.
Powers and duties.
(2)
Special use permits: granting of special use permits (not specifically reserved by the Town Board) as set forth in § 182-50.
(3)
Review use variances: review use variances referred to the Planning Board as set forth in § 182-49.
(4)
Emergency housing permits: review and act upon requests for extensions of emergency housing permits as set forth in § 182-28.
(5)
Temporary uses and structures: grant permits for temporary uses and
structures.
(a)
The Planning Board may direct the Zoning Enforcement Officer
to issue a temporary permit for a period of time not to exceed 12
months for incidental nonconforming uses and structures as follows:
(b)
Permits shall be conditioned upon an agreement by the applicant
to remove the use upon expiration of the permit.
(c)
Permits may be reissued a maximum of one time for an additional
period of six months.
(6)
Other powers and duties. The Planning Board shall have such other
powers and duties as are provided by law, including this chapter or
as otherwise assigned to it by the Town Board.
C.
Alternate
members to the Planning Board may be appointed by resolution of the
Town Board to serve a term of office of two years. All provisions
of the Town Zoning Ordinance and various other rules, regulations
and local laws applicable to regular members of the Planning Board
(training and continuing education, attendance, conflict of interest,
compensation, vacancy in office, removal, and service on other boards)
shall also apply to the alternate member(s). Only two alternate member
positions shall be permitted.
[Added 8-13-2012 by L.L. No. 1-2012]
D.
The Chairperson, or Vice Chairperson in his or her absence, of the Planning Board may designate an alternate member who has been appointed by the Town Board to substitute for a regular member when such member is unable to participate for any one of the reasons set forth in Subsection C. When so designated, the alternate member shall possess all powers and responsibilities of such member of the Board. Such designation shall be entered into the minutes of the meeting at which the substitution is made.
[Added 8-13-2012 by L.L. No. 1-2012]
A.
Organization. The Town Board shall appoint a five-member Board of
Appeals and shall designate the Chairperson thereof as provided for
in § 267 of the Town Law. In the absence of a Chairperson,
the Board of Appeals may designate a member to serve as Acting Chairperson.
Membership and terms of office for the Board of Appeals shall be as
set forth in Town Law. Upon the absence of any Board of Appeals member
from three duly scheduled meetings in any twelve-consecutive-month
period, such member shall be subject to removal upon completion of
all proceedings and subject to all provisions as required by law.
B.
Meetings, minutes and records.
(1)
Minutes of the Zoning Board of Appeals shall be held at the call
of the Chairperson and/or at the request of the Town Board, and/or
at the request of a majority of the members of such Zoning Board of
Appeals, and/or at such other times as such Zoning Board of Appeals
may determine. Such Chairperson, or in his or her absence, the Acting
Chairperson, may administer oaths and compel the attendance of witnesses.
(2)
Meetings of the Zoning Board of Appeals shall be open to the public
to the extent provided in Article 7 of the Public Officers Law. The
Zoning Board of Appeals shall keep minutes of its proceedings, showing
the vote of each member upon every question, or if absent or failing
to vote, indicating such fact, and shall also keep records of its
examinations and other official actions.
C.
Filing requirements. Every rule, regulation, amendment or repeal
thereof, and every order, requirement, decision or determination of
the Zoning Board of Appeals shall immediately be filed in the office
of the Town Clerk and shall be a public record.
D.
Powers and duties. The Zoning Board of Appeals shall hear and decide
appeals from and review any order, requirement, decision, interpretation
or determination made by the Zoning Enforcement Officer. 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 the Zoning Enforcement Officer, or to grant a use or area variance.
Such appeal may be taken by the person aggrieved or by an officer,
department, board or bureau of the Town.
E.
Time of appeal. Such appeal shall be taken within 60 days after the
filing of any order, requirement, decision, interpretation or determination
of the Zoning Enforcement Officer by filing with said official and
with the Town Clerk a notice of appeal, specifying the grounds thereof
and the relief sought. Such notice of appeal shall be filed on forms
available from the Zoning Enforcement Officer or Town Clerk. The cost
of sending or publishing any notices relating to such appeal shall
be borne by the appealing party and shall be paid to the Town Clerk
prior to the hearing of such appeal.
F.
Referral to Town and County Planning Board.
(1)
At least 30 days before the date of the public hearing described hereafter in Subsection G (unless such limit is waived by the Planning Board), the Secretary of the Zoning Board of Appeals shall transmit to the Planning Board a copy of the notice of hearing. The Planning Board shall inform the Zoning Board of Appeals, in writing, of its advisory opinion (including recommendations) prior to the hearing. Failure of the Planning Board to inform the Zoning Board of Appeals within the allotted time shall be deemed to signify a recommendation of approval of the application.
G.
Hearing on appeal.
(1)
A public hearing shall be held by the Zoning Board of Appeals before
deciding an appeal. Such public hearing shall be advertised by publication
in a paper of general circulation within the Town of a notice of such
hearing at least five days prior to the date thereof.
(2)
At least 30 days before the date of a public hearing for a use variance,
unless such time limit is waived by the Planning Board, the Secretary
of the Zoning Board of Appeals shall transmit to the Planning Board
a copy of the notice of hearing.
(3)
The Zoning Board of Appeals shall send, by regular mail, a copy of
the notice of hearing to all owners of property situated within 300
feet of the property which is the subject of the application at least
10 days before the date of the hearing. The minimum number of such
mail notifications made shall be 10. In those instances when fewer
than 10 mail notifications result from identification of those property
owners with 300 feet, additional notifications shall be mailed to
the owners of the nearest residential properties until a total of
10 notifications are made. Selection of these additional mail notifications
shall be made in order of the distance measured along public highways
from the front property line of the proposed use to the front property
lines of these additional residential properties.
H.
Time of decision. The Zoning Board of Appeals shall decide upon an
appeal within 62 days after the conduct of the public hearing.
I.
Filing of decision and notice. The decision of the Zoning Board of
Appeals on an appeal shall be made in an open meeting and 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
by certified mail, return receipt requested.
J.
Compliance with State Environmental Quality Review Act (SEQRA). The Zoning Board of Appeals shall comply with the provisions of SEQRA under Article 8 of the Environmental Conservation Law and its implementing regulations as codified in Title 6, Part 617 of NYCRR. The SEQRA process may extend the time limits set forth in this article, specifically those set forth in § 182-48.
K.
Permitted action by the Zoning Board of Appeals.
(1)
Interpretations, requirements, decisions and determinations. The
Zoning Board of Appeals may reverse or affirm, wholly or partially,
or may modify the order, requirement decision, interpretation or determination
appealed from and shall make such order, requirement, decision, interpretation
or determinations as in its opinion ought to have been made.
(2)
Use variance.
(a)
The Zoning Board of Appeals, on appeal from the decision or
determination of the Zoning Enforcement Officer, shall have the power
to grant use variances, authorizing a use of land which otherwise
would not be allowed or would be prohibited by this chapter. 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 such
unnecessary hardship, the applicant shall demonstrate to the Zoning
Board of Appeals that:
[1]
Under applicable zoning regulations, the applicant cannot realize
a reasonable return from the property in question, provided that lack
of return is substantial as established by competent financial evidence;
[2]
That 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.
(b)
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.
(3)
Area variances.
(a)
The Zoning Board of Appeals shall have the power, upon appeal
from a decision or determination of the Zoning Enforcement Officer,
to grant area variances from the area or dimensional requirements
of the chapter. In making its determination, the Zoning Board of Appeals
shall take into consideration the benefit to the applicant of the
variance is granted, as weighted 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.
(b)
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.
(4)
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, or
the period of time such variance shall be in effect. 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.
L.
Alternate
members to the Zoning Board of Appeals may be appointed by resolution
of the Town Board to serve a term of office of two years. All provisions
of the Town Zoning Ordinance and various other rules, regulations
and local laws applicable to regular members of the Zoning Board of
Appeals (training and continuing education, attendance, conflict of
interest, compensation, vacancy in office, removal, and service on
other boards) shall also apply to the alternate member(s). Only two
alternate member positions shall be permitted.
[Added 8-13-2012 by L.L. No. 1-2012]
M.
The Chairperson, or Vice Chairperson in his or her absence, of the Zoning Board of Appeals may designate an alternate member who has been appointed by the Town Board to substitute for a regular member when such member is unable to participate for any one of the reasons set forth in Subsection L. When so designated, the alternate member shall possess all powers and responsibilities of such member of the Board. Such designation shall be entered into the minutes of the meeting at which the substitution is made.
[Added 8-13-2012 by L.L. No. 1-2012]
A.
Special use permit authority. A special use permit may be issued
for those uses identified in this chapter, within the respective zoning
districts. Depending upon the specific use, review and approval, authority
for special use permits rests with either the Planning Board or the
Town Board (where specified). The Town Board has retained special
use permit authority for the following uses: mobile home park, commercial
recreation, dumps and dumping, adult uses and junkyards. The remaining
special use permit uses are the responsibility of the Planning Board.
The authorized Board may approve special use permits, provided such
use in the proposed location is not inconsistent with the public convenience
and welfare. Such use shall be subject to conditions and safeguards
which may be imposed by the authorizing board to protect the use of
neighboring properties. Such special use permit shall not be granted
if it substantially changes the characteristics of the neighborhood
in which the subject property is located. The Zoning Enforcement Officer,
at least yearly, shall review the use of the property to determine
compliance with any conditions which have been prescribed by the authorizing
Board in issuing such special use permit.
B.
Procedure.
(1)
Applications, special use permits, shall be made in writing on the
appropriate form. Four copies of each application, including site
plan, shall be submitted to the Zoning Enforcement Officer, who shall
review the applications for completeness prior to forwarding them
to the authorizing Board, depending on the nature of the application.
(2)
A public hearing shall be held by the authorizing Board before acting
on any application for a special use permit. When necessary under
§ 239-m of the General Municipal Law, the authorizing Board
shall forward the application to the County Planning Board for its
review. The Town Clerk shall send, by regular mail, a copy of the
notice of hearing to all owners of property situated within 300 feet
of the property which is the subject of the application at least 10
days before the date of the hearing. The minimum number of such mail
notifications made shall be 10. In those instances when fewer than
10 mail notifications result from identification of those property
owners within 300 feet, additional notifications shall be mailed to
the owners of the nearest residential properties until a total of
10 notifications are made. Selection of these additional mail notifications
shall be made in order of the distance measured along public highways
from the front property line of the proposed use to the front property
lines of these additional residential properties. A legal notice of
such hearing shall also be printed and published in a newspaper of
general circulation within the Town at least five days prior to the
date of such hearing.[1]
(3)
Every special use permit decision shall be by resolution, which shall
contain a full statement of the pertinent facts in the case, and shall
be recorded in the minutes.
C.
Required plan for special use permit. Four sets of the application
and site plan shall be submitted to the Zoning Enforcement Officer
to portray clearly the intentions of the applicant. These documents
shall become part of the record. Such site plan shall show location
of all buildings, parking, access and circulation, open space, landscaping
and other information necessary to determine that the proposed special
use complies with the intent of this chapter.
D.
Standards applicable to special use permits. The Planning Board may
issue a special use permit only after it has found that all the following
standards and conditions have been satisfied. The Town Board, while
not bound by these same standards and conditions, may use such in
reviewing and acting upon request for special use permits.
(1)
Location, size of use and structure, nature and intensity of operations
involved, size of site in relation to it, and location of site with
respect to roads giving access are such that it will be in harmony
with the orderly development of the area.
(2)
Location, nature and height of buildings, walls, and fences will
not discourage the appropriate development and use of adjacent land
and buildings, nor impair their value.
(3)
Off-street parking and loading facilities and the design and location
of all points of ingress and egress are adequate and will not adversely
affect traffic circulation.
(4)
The use is designed, located and proposed to be operated in such
a manner the public health, safety, welfare and convenience will be
protected.
(5)
Existing or proposed public services (if required) are adequate to
service the use (i.e., police, fire, schools, utilities, etc.).
(6)
Operations of any special use shall not be more objectionable to
nearby properties than would be operations of any permitted use.
(7)
All necessary area variances have been granted by the Zoning Board
of Appeals.
(8)
A special use permit shall not be issued for a use on a lot where
there is an existing violation of this chapter unrelated to the use
which is the subject of the requested special use permit, as determined
by the Planning Board.
A.
The Town Board may, from time to time, on its own motion, on petition,
or on recommendation of the Planning Board, amend, supplement or repeal
the regulations and provisions of this chapter after official notice
has been given and a public hearing has been held by the Town Board
as required by law.
B.
Each petition requesting a change of zoning regulations or district
boundaries shall be typewritten, signed by the owner and filed in
triplicate, accompanied by the required fee.
C.
Every such proposed amendment shall be referred to the Planning Board
for a report prior to any public hearing.
D.
Prior to adoption by the Town Board, a proposed amendment may, in
the proper case, have to be referred to the County Planning Board
pursuant to law.
E.
In case of a protest against such change signed by the owners of
20% or more, either of the area of the land included in such proposed
change, or of that immediately adjacent extending 100 feet therefrom
or of that directly opposite thereto, extending 100 feet, from the
street frontage of such opposite land, such amendment shall not become
effective except by the favorable vote of at least 3/4 of the members
of the Town Board.
A.
The State Environmental Quality Review Act (SEQR) requires that local
government examine the environmental impact of all actions they permit,
fund, or construct. Article 8 and Part 617 of Title 6 of the New York
Code of Rules and Regulations (8 NYCRR Part 617) sets forth the SEQR
regulations in detail and should be reviewed for compliance prior
to undertaking any of the above-mentioned activities.
B.
As set forth in 8 NYCRR Part 617, determination of lead agency status
is one of the initial steps in the SEQR process. When the Town is
designated lead agency for a particular zoning action, the following
boards (agencies) may typically be the lead agency for the actions
identified below:
C.
When a project involves two or more separate zoning actions, the
board (agency) having final (last) approval would typically be the
lead agency. Nothing in this section shall be interpreted to override
the process for designation of lead agency status as set forth in
8 NYCRR Part 617.
