In enforcing the provisions of this chapter, they shall be held
to the minimum requirements for the promotion of the public safety,
convenience, prosperity and general welfare of the Village.
A.
Zoning Enforcement Officer. The provisions of this chapter shall
be administered and enforced by the Zoning Enforcement Officer appointed
by the Village Board, who shall have the power to make inspection
of buildings or premises necessary to carry out his duties in the
enforcement of this chapter.
B.
Duties. It shall be the duty of the Zoning Enforcement Officer to
keep a record of all applications for permits and a record of all
permits issued with a notation of all special conditions involved.
He shall file and safely keep copies of all plans submitted and the
same shall form a part of the records of his office and shall be available
for use of Village and other officials. The Zoning Enforcement Officer
shall not issue a permit for the construction of any building or use
of any property unless such building or use conforms to all other
laws of the Village.
A.
Requirement. It shall be unlawful to commence the excavation for
the construction of any building or structure, including accessory
buildings, or to commence the moving or alteration of any building
or structure, including accessory buildings, until the Zoning Enforcement
Officer has issued a permit for such work.
B.
Issuance. In applying to the Zoning Enforcement Officer for a zoning
permit, the applicant shall submit specifications and a dimensioned
plan to scale indicating the shape, size, height and location in exact
relation to all property lines and to street or road lines of all
buildings or structures to be erected, altered or moved, and of any
building or structure already on the lot. This plan shall be accompanied
by a written statement from a qualified engineer or other satisfactory
evidence to the effect that the line of the bounding street or road
has been accurately located and staked on the ground. The applicant
shall also state the existing or intended occupancy and use of all
such buildings and land and supply such other information as may be
required by the Zoning Enforcement Officer to ensure that the provisions
of this chapter are being observed. If the proposed excavation, construction,
alteration or moving as set forth in the application is in conformity
with the provisions of this chapter and other laws of the Village
then in force, the Zoning Enforcement Officer shall issue a permit
for such excavation, construction, alteration or moving.
C.
Refusal. If a zoning permit is refused, the Zoning Enforcement Officer
shall state such refusal in writing, with the cause, and shall immediately
mail notice of such refusal to the applicant at the address indicated
on the application.
D.
Effect. The issuance of a permit shall in no case be construed as
waiving any provision of this chapter.
E.
Fees. Fees to be charged for the issuance of a zoning permit shall
be based on the floor area of the building or structure to be erected,
altered or moved, and shall be determined as follows:
F.
Term. A zoning permit shall become void six months from the date
of issuance unless substantial progress has been made since that date
on the project described therein; provided, however, that the zoning
permit may be renewed for an additional six months upon application
therefore without the payment of an additional fee.
A.
Requirement. No land, building or other structure or part thereof
hereafter erected or altered in its use, or a building or structure
shall be used or occupied until the Zoning Enforcement Officer shall
have issued a certificate of occupancy stating that such land, building,
structure or part thereof and the proposed occupancy or use thereof
are found to be in conformity with the provisions of this chapter.
B.
Issuance. Within five days after notification that a building, structure
or premises or part thereof is ready for occupancy or use, it shall
be the duty of the Zoning Enforcement Officer to make a final inspection
thereof and issue a certificate of occupancy if the land, building,
structure or part thereof is found to conform to the provisions of
this chapter.
C.
Refusal. If the Zoning Enforcement Officer, after such final inspection,
refuses to issue a certificate of occupancy, he shall state such refusal
in writing, with the cause, and immediately thereupon mail notice
of such refusal to the applicant at the address indicated on the application.
A.
Creation, composition and appointment.
(1)
Creation. A Board of Appeals is hereby established in accordance
with § 179-b of the Village Law.
(3)
Appointment. The Board of Trustees of the Village shall appoint the
members of the Board of Appeals, each to be appointed for three years.
No person who is a member of the Village Board or a Police Justice
or a member of the Village Planning Board shall be eligible for membership
on such Board of Appeals.
(4)
Removal. The Board of Trustees shall have the power to remove any
member of the Board for cause after public hearing.
(5)
Vacancies. Vacancies shall be filled for the unexpired term of the
member whose place has become vacant.
B.
General procedures.
(1)
Meetings. All meetings of the Board of Appeals shall be held at the
call of the Chairman and at such other times as such Board may determine.
All meetings of such Board shall be open to the public.
(2)
Oaths. The Chairman or, in his absence, the Acting Chairman may administer
oaths and compel the attendance of witnesses.
(3)
Minutes. The 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. Every rule or regulation,
every amendment or repeal thereof and every order, requirement, decision
or determination of the Board shall immediately be filed in the office
of the Board and with the Village Clerk and shall be a public record.
C.
Powers. The Board of Appeals shall have the following powers:
(1)
Administrative review. To hear and decide appeals from and review
any order, requirement, decision or determination made by the Zoning
Enforcement Officer or other administrative officer carrying out or
enforcing any provision of this chapter. The concurring vote of a
majority of the members of the Board shall be necessary to reverse
any order, requirement, decision or determination of any such administrative
official or to decide in favor of the applicant any matter upon which
it is required to pass under any such law.
(2)
Special permit. To hear and decide applications for special permits as specified in § 160-14 of this chapter and to authorize issuance of special permits as specifically provided therein. The concurring vote of the majority of the members of the Board of Appeals shall be necessary to grant a special permit.
(3)
Variance. To hear application for a variance from the terms of this
chapter as will not be contrary to public interest where, owing to
unique conditions, a literal enforcement of the provisions of this
chapter would result in unnecessary hardship, while adhering to the
spirit of this chapter and doing substantial justice. Financial disadvantage
to the property owner is no proof of hardship within the purpose of
zoning. Hardship must be unique and must arise from either a natural
or man-made condition of the land upon which a use not in conformance
with the literal terms of this chapter is proposed. Specifically,
no variance shall be granted by the Board of Appeals unless:
(a)
It refers any request for variance from the terms of this chapter
to the Planning Board as may be provided by § 179-i of the
Village Law for a report, and does not take final action until receipt
of such report from the Planning Board or until after the passage
of 30 days from such referral in the event that the Planning Board
makes no report on the matter; and causes the entire report of the
Planning Board, if received, to be read at the meeting at which the
request for variance is considered by the Board of Appeals, includes
such report in the minutes and in any case where the Board of Appeals
acts contrary to the recommendations of the Planning Board, includes
in the minutes a resolution adopted by the Board of Appeals fully
setting forth its reasons for such contrary action.
(b)
It finds that the strict application of the provisions of this
chapter would deprive the applicant of the reasonable use of the land
or building for which such variance is sought, that the granting of
the variance is necessary for the reasonable use of such property,
and that the variance granted by the Board is the minimum variance
that will accomplish this purpose.
(c)
It finds that there are special circumstances or conditions
applying to the land or buildings for which the variance is sought,
which circumstances or conditions are peculiar to such land or buildings
and do not apply generally to land or buildings in the vicinity or
neighborhood, and have not resulted from any act of the applicant
subsequent to the adoption of this chapter.
(d)
It finds that the granting of the variance will be in harmony with the general purpose of this chapter, will not be injurious to the neighborhood, and will not alter the essential character of the locality. In granting a variance, the Board of Appeals may prescribe the appropriate conditions or safeguards that are necessary or desirable to carry out the requirements of this Subsection C(3).
(e)
The concurring vote of a majority of the members of the Board
of Appeals shall be necessary to grant a variance.
(4)
Reference to Wayne County Planning Board. In accordance with the
policy and procedures provided for by Chapter 24, Article 12B, §§ 239-l
and 239-m of the General Municipal Law, any proposed special permit
or variance affecting real property within 500 feet of the boundary
of the Village of Wolcott or from the boundary of any existing or
proposed county or state park or other recreational area, or from
the right-of-way of any existing or proposed county or state parkway,
thruway, expressway, road or highway or from the existing or proposed
right-of-way of any stream or drainage channel owned by the county
for which the county has established channel lines, or from the existing
or proposed boundary of any state-owned land on which a public building
or institution is situated shall be referred to the Wayne County Planning
Board. The term "proposed" shall be deemed to include only those recreational
areas, parkways, thruways, expressways, roads or highways which are
shown on a County Plan of Wayne County adopted pursuant to § 239-d(2)
of the General Municipal Law or adopted as an Official Map of Wayne
County pursuant to § 239-g of the General Municipal Law.
If the Wayne County Planning Board fails to report within 30 days
after receipt of a full statement of such referred material, the Board
of Appeals may act without such report. If the Wayne County Planning
Board disapproves the proposal or recommends modifications thereof,
the Board of Appeals shall not act contrary to such disapproval or
recommendation except by a vote of a majority plus one of all the
members thereof and after the adoption of a resolution setting forth
the reasons for the contrary action.
D.
Special procedures relative to appeal for administrative review,
variance or application for a special permit.
(1)
Application for variance or special permit. Application for variance
or special permit shall be made to the Zoning Enforcement Officer.
Upon his determination that a permit cannot be issued without action
by the Board of Appeals he shall, within five days of receipt, transmit
such application to the Board of Appeals for necessary action.
(2)
Appeal. An appeal to the Board of Appeals for administrative review
may be taken by any person, firm or corporation aggrieved, or by any
governmental officer, department, board or bureau affected by any
decision of the Zoning Enforcement Officer based in whole or in part
upon the provisions of this chapter. Such appeal shall be taken by
filing with the Board of Appeals a notice of appeal specifying the
grounds thereof. The Zoning Enforcement Officer shall forthwith transmit
all papers constituting the record upon which the action appealed
from was taken to the Board of Appeals.
(3)
Time of appeal. Said notice of appeal shall be filed within 60 days
from the date upon which the notice of refusal of a zoning permit
or refusal of a certificate of occupancy is mailed by the Zoning Enforcement
Officer, and failure to file notice of appeal within 60 days shall
constitute a waiver of the right to appeal.
(4)
Stay of proceedings. An appeal stays all proceedings in furtherance
of the action appealed from, unless the Zoning Enforcement Officer
from whom the appeal is taken certifies to the Board of Appeals, after
the notice of appeal shall have been filed with him, that by reason
of facts stated in the certificate a stay would, in his opinion, cause
imminent peril to life or property, in which case proceedings shall
not be stayed otherwise than by a restraining order which may be granted
by the Board of Appeals or by a court of record on application, on
notice to the Zoning Enforcement Officer and on due cause shown.
E.
Hearings, notice, public notice, notice to property owners, decision
and costs.
(1)
Hearing. The Board of Appeals shall fix a reasonable time for the
hearing of any application for variance, the hearing of an appeal
for administrative review, or the hearing of an application for a
special permit.
(2)
Notice. The Board of Appeals shall give due notice to the parties.
Notice of an application for special exception or variance shall also
be given by registered mail at least five days prior to the date of
the hearing to all persons, firms or corporations owning property
or residing within 200 feet of the location of the property upon which
its use is proposed to be established.
(3)
Decision and costs. Upon the hearing, any party may appear in person
or by agent or by attorney, and the Board of Appeals shall decide
the application for variance, or appeal for administrative review,
or the application for a special permit within 60 days after the final
hearing as provided by § 179-b of the Village Law. All costs
of such notice shall be paid by the applicant.
F.
Provisions of appeal. If the variance is granted or the issuance of a permit is finally approved or other action by the appellant or applicant is authorized, the necessary permits shall be subject to the terms of § 160-20F. Should the appellant or applicant fail to comply with these provisions, it shall be conclusively presumed that the appellant or applicant has waived, withdrawn or abandoned his appeal or his application, and such permission, variances and permits to him granted shall be deemed automatically rescinded by the Board of Appeals.
G.
Scope.
(1)
In exercising the above-mentioned powers, such Board of Appeals may,
in conformity with the provisions of this chapter, reverse or affirm,
wholly or 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 in the
premises and to that end shall have the powers of the officer from
whom the appeal is taken. Notice of such decision shall be given forthwith
to all parties in interest.
(2)
The Board of Appeals does not have the power to permit a use not
permitted by this chapter.
H.
Recourse. 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 Village, may apply to the Supreme Court for relief
by a proceeding under Article 78 of the Civil Practice Law and Rules,
and:
(1)
It must be instituted within 30 days after the filing of a decision
in the office of the Village Clerk.
(2)
The court may take evidence or appoint a referee to take such evidence
as it may direct and report the same with his findings of fact, and
conclusions of law, if it shall appear that testimony is necessary
for the proper disposition of the matter.
(3)
The court at special term shall itself dispose of the cause on the
merits, determining all questions which may be presented for determination.
A.
Remedies. In case any building or structure is erected, constructed,
reconstructed, altered, converted or maintained, or any building,
structure or land is used in violation of this chapter, the proper
local authorities of the Village, in addition to other remedies, may
institute any appropriate action or proceeding to prevent such unlawful
erection, construction, reconstruction, alteration, conversion, maintenance
or use, to restrain, correct or abate such violation, to prevent the
occupancy of said building, structure or land or to prevent any illegal
act, conduct, business or use in or about such premises.
B.
Penalties.
(1)
As may be provided by § 93 of the Village Law, any person,
firm or corporation who violates, disobeys, neglects or refuses to
comply with or who resists the enforcement of any of the provisions
of this chapter shall, if convicted, be deemed a disorderly person
guilty of disorderly conduct and shall be subject to a fine of not
more than $100 for each offense.
(2)
Each week a violation is continued shall be deemed a separate offense.
The regulations, restrictions and boundaries established by
this chapter may from time to time be amended, supplemented, changed
or modified or repealed by law in accordance with the procedures provided
by § 179 of the Village Law. However, all amendments to
this chapter which would change the district classification or the
regulations applying to real property lying within a distance of 500
feet from the boundary of the Village of Wolcott, or the boundary
of any existing or proposed county or state park or other recreational
area, or from the right-of-way of any existing or proposed county
or state parkway, thruway, expressway, road or highway, or from the
right-of-way of any existing or proposed stream or drainage channel
owned by the county for which the county has established channel lines
or from the existing or proposed boundary of any county or state owned
land on which a public building or institution is situated; shall
be referred to the Wayne County Planning Board as required by § 239-m
of the General Municipal Law. The term "proposed" shall be deemed
to include only those recreational areas, parkways, thruways, expressways,
roads or highways which are shown on a County Plan of Wayne County
adopted pursuant to § 239-d(2) of the General Municipal
Law or adopted as an Official Map of Wayne County pursuant to § 239-g
of the General Municipal Law. If the Wayne County Planning Board fails
to report within 30 days after receipt of a full statement of such
referred matter, the Village Board of Wolcott may act without such
report. If the Wayne County Planning Board disapproves of the proposed
amendment, supplement, change or modification, or recommends modification
of the proposal of the Village of Wolcott, the Village Board shall
not act contrary to such disapproval or recommendation except by a
vote of a majority plus one of all the members thereof and after the
adoption of a resolution fully setting forth the reasons for such
contrary act.
