A.
Zoning Enforcement Officer.
(1)
Designation. The provisions of this chapter shall be administered
and enforced by the Zoning Enforcement Officer appointed by the Town
Board.
(2)
Duties.
(a)
The Zoning Enforcement Officer shall make periodic inspections
of any construction to ensure that the provisions of this chapter
are being complied with in accordance with his approval.
(b)
The Zoning Enforcement Officer shall keep a record of all approvals
or rejections he may make pursuant to this chapter and such other
records as the Town Board may require.
(3)
Authority. The Zoning Enforcement Officer is hereby empowered to
inspect any building, other structure or tract of land, and to order,
in writing, the remedying of any condition found to exist therein
or thereat in violation of any provision of this chapter. After any
such order has been served, no work shall proceed on any building,
other structure or tract of land covered by such order, except to
comply with such order.
B.
Zoning compliance.
(1)
Certificate required. No development or improvement permitted by
this chapter, including accessory and temporary uses, may be established
or changed; no structure shall be erected, constructed, reconstructed,
altered, razed or removed, and no building used, occupied or altered
with respect to its use after the effective date of this chapter until
a certificate of zoning compliance has been secured from the Zoning
Enforcement Officer. Nothing herein shall relieve any applicant of
the additional responsibility of seeking any permit required by any
applicable statute, ordinance or regulation in compliance with all
of the terms of this chapter.
(2)
Application requirements. All applications for certificates of zoning
compliance shall be made in writing by the owner of the property for
which it is sought on a form supplied by the Town of Alden. Such form
shall request all information as deemed necessary by the Zoning Enforcement
Officer to determine zoning compliance, including:
(3)
Fees. Fees for certificates of zoning compliance shall be set by
resolution of the Alden Town Board.
C.
Site plan review. All applications for building permits shall be
accompanied by an approved site plan except for the following: a single-
or two-family dwelling on an individual lot, including their permitted
accessory uses, general farming use and additions not exceeding 25%
of the square footage of the existing structure. There shall be no
limit on additions to single- or two-family dwellings.
A.
Operation and organization. The Board of Appeals, consisting of five
members as constituted and empowered under § 267, as amended,
of the Town Law on the effective date of this chapter, shall be continued.
Vacancies occurring in such Board shall be filled in accordance with
the Town Law. The Board of Appeals shall have all the powers and perform
all the duties prescribed by statute and by this chapter.
B.
Appeals for interpretation. The Board of Appeals shall hear and decide
appeals where it is alleged that there is an error or misinterpretation
in any order, requirements, decision or determination by any administrative
official charged with the enforcement of the provisions of this chapter.
The Board of Appeals may reverse, modify or affirm, in whole or in
part, any such appealed order, requirement, decision or determination
appealed from, and make such order, requirement, decision or determination
as, in its opinion, ought to be made in strictly applying and interpreting
the provisions of this chapter, and for such purposes shall have all
the powers of the officer from whom the appeal is taken.
C.
Appeals for variance. On an appeal from an order, requirement, decision
or determination of any administrative official charged with the enforcement
of this chapter, and where there are practical difficulties or unnecessary
hardships in the way of carrying out the strict letter of this chapter,
the Board of Appeals shall have the power in passing upon appeals,
to vary or modify the application of any of the regulations or provisions
of this chapter relating to the use, construction or alteration of
buildings or structures, or the use of land, so that the spirit of
this chapter shall be observed, public safety and welfare secured
and substantial justice done. Toward this end, the Board of Appeals
may prescribe such conditions or restrictions as it may deem necessary.
(1)
Use variances. Before the Board of Appeals may grant a use variance,
unnecessary hardship must be established based upon all the following
criteria:
(a)
Based on actual monetary values, the land in question cannot
yield a reasonable return if used only for a purpose allowed in that
zone.
(b)
The plight of the owner is due to unique circumstances and not
to the general conditions in the neighborhood.
(c)
The use to be authorized by the variance will not alter the
essential character of the neighborhood and is compatible with the
area.
(2)
Area variances. Area variances may be considered where setback, frontage,
lot size, density or yard requirements of this chapter cannot be reasonably
met. The Board of Appeals may grant an area variance on the ground
of practical difficulty, such practical difficulty to be determined
by consideration of the following:
(a)
How substantial the variation is in relation to the requirement.
(b)
The effect, if the variance is allowed, of the increased population
density thus produced on available governmental facilities (fire,
water, garbage and the like).
(c)
Whether a substantial change will be produced in the character
of the neighborhood or a substantial detriment to adjoining properties
created.
(d)
Whether the difficulty can be obviated by some method, feasible
for the applicant to pursue, other than a variance.
(e)
Whether in view of the manner in which the difficulty arose
and considering all of the above factors, the interests of justice
will be served by allowing the variance.
D.
Procedures.
(1)
Filing of appeals. An appeal to the Board of Appeals from any ruling
of any administrative officer charged with the enforcement of this
chapter may be taken by any person aggrieved or by any officer, department,
board or bureau of the Town. Such appeal shall be taken within 60
days after the filing of any order, requirement, decision, interpretation
or determination of the administrative official by filing with the
officer from whom the appeal is taken and with the Board of Appeals
a notice of appeal, specifying the ground thereof. The officer from
whom the appeal is taken shall forthwith transmit to the Board of
Appeals all the papers constituting the record upon which the action
appealed from was taken.[3]
(2)
Application procedure for Board action. An application for any matter
upon which the Board of Appeals is required to pass, may be made to
the Town Clerk by the owner or tenant of the property (or a duly authorized
agent) for which such appeal or application is sought.
(3)
Meetings; records to be kept.
(a)
Meetings of the Board of Appeals shall be held at the call of
the Chairman and at such other times as the Board of Appeals may determine.
All meetings shall be open to the public. The Chairman of the Board
of Appeals or, in his absence, the Acting Chairman, may administer
oaths and compel the attendance of witnesses.
(b)
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 keep records of
its examination and other official action. Every rule, regulation,
every amendment or repeal thereof and every order, requirement, decision
or determination of the Board of Appeals shall be filed in the office
of the Town Clerk within five business days and shall be a public
record.[4]
(4)
Appeal stays proceedings; exceptions. Any appeal to the Board of
Appeals shall stay all proceedings in furtherance of the action appealed
from, except as otherwise provided in § 267-a, as amended,
of the Town Law.[5]
(5)
Public hearings. The Board of Appeals shall fix a reasonable time
for a hearing of an appeal, or modifications of regulations, or other
matters referred to it, and shall give public notice thereof by publication
in the official paper at least five days prior to the date of such
hearing and shall, at least five days before such hearing, mail notices
thereof to the parties thereto.
(6)
Required referral. Prior to taking any action on an appeal or any
change in the zoning text or map, the Zoning Board of Appeals shall
refer such action to the County Planning Board in accordance with
§ 239-m of the General Municipal Law, if required.[6]
(7)
Decisions. The concurring vote of a majority of the members of the
Board of Appeals shall be necessary to reverse any order, requirement,
decision or determination appealed from, or to decide in favor of
the applicant any matter upon which it is required to pass under this
chapter, or to effect any variation in this chapter. Every decision
of the Board of Appeals shall be by resolution. Where findings are
required, the decision shall set forth each required finding, supported
by substantial evidence or other data considered by the Board of Appeals
in each specific case, or, in the case of denial, the decision shall
include the findings which are not satisfied.
(8)
Revocation of authorization. Any variance or modification of regulations
authorized by the Board of Appeals shall be automatically revoked
unless a building permit conforming to all the conditions and requirements
established by the Board of Appeals is obtained within six months
of the date of approval by the Board of Appeals and construction commenced
within one year of such date of approval.
(9)
Failure to comply with conditions or restrictions. Failure to comply
with any condition or restriction prescribed by the 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.
[Amended 8-3-2009 by L.L.
No. 2-2009; 6-2-2014 by L.L. No. 2-2014; 12-16-2019 by L.L. No. 6-2019]
The Town of Alden Planning shall appoint a Planning Board consisting
of five members, said appointments to be made in the manner as prescribed
by Town Law. The Planning Board shall act as an advisory board to
the Town Board.
Fees for applications for rezoning and for variances shall be
set by resolution by the Town Board.
Any person who violates any provision of this chapter or any
regulation adopted hereunder is guilty of an offense punishable by
a fine for a first violation, a maximum of $350; for a second violation
within five years, to a minimum of $350 and a maximum of $700; for
a third or subsequent violation within five years, to a minimum of
$700 and a maximum of $1,000; or imprisonment for a period not to
exceed six months, for each violation, or both imprisonment and a
fine. Each week of continued violation shall constitute a separate
violation.
