A.
General sequence of steps. All persons desiring to
undertake any new construction, structural alteration or changes in
the use of a building or lot shall apply to the Zoning Officer for
a building permit by filling out the appropriate application form
and by submitting the required fee. The Zoning Officer will then either
issue or refuse the building permit or refer the application to the
Town Board or the Zoning Board of Appeals. After the building permit
has been received by the applicant, he may proceed to under-take the
action permitted in the building permit and, upon completion of such
action, shall apply to the Zoning Officer for a certificate of occupancy.
If the Zoning Officer finds that the action of the applicant has been
taken in accordance with the building permit, he will then issue a
certificate of occupancy allowing the premises to be occupied.
B.
Building permit types. Under the terms of this chapter,
the following classes of building permits may be issued:
(1)
Permitted use. A building permit for a permitted use
may be issued by the Zoning Officer on his own authority, except commercial
or industrial uses require Town Board approval.
(2)
Special uses. A building permit for a special use
may be issued by the Zoning Officer after review by the Planning Board
and upon the order of the Town Board.
(3)
Building permit after an appeal or a request for a
variance. A building permit may be issued by the Zoning Officer upon
the order of the Zoning Board of Appeals and after a public hearing
held by the Board of Appeals for the purpose of deciding upon an appeal
or a request for a variance.
C.
Violations.
(1)
Compliants of violations. Whenever a violation of
this chapter occurs, any person may file a complaint in regard thereto.
All such complaints must be in writing and shall be filed with the
Zoning Officer, who shall properly record such complaint and immediately
investigate and report thereon to the governing body.
(2)
Penalties for offenses. A violation of this chapter
is an offense punishable by a fine not exceeding $250 for any offense
and/or imprisonment not exceeding 15 days. Each week that a violation
is permitted shall constitute a separate offense.
(3)
Procedure for abatement of violations. In case any
building or structure is erected, constructed, reconstructed, altered,
repaired, converted or maintained, or any building, structure of land
is used, in violation of this chapter or of any ordinance or regulation
made under authority conferred hereby, the governing body or the Zoning
Officer or a police officer or other proper official, in addition
to other remedies, may institute any appropriate action or proceedings
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.
D.
Appeals.
(1)
Procedure for appellant.
(a)
An appeal to the Zoning Board of Appeals from
any ruling of any administrative officer administering any portion
of this chapter may be taken by any person aggrieved or by an officer,
board or bureau of the town affected thereby. Such appeal shall be
taken to the Zoning Board of Appeals by filing with the Secretary
thereof a notice of appeal, specifying the grounds therefor.
(b)
All applications and appeals made to the Board
of Appeals shall be in writing on forms prescribed by the Zoning Officer.
Every application or appeal shall refer to the specific provision
of this chapter and shall exactly set forth the interpretation that
is claimed, the plans for a special use or the details of the variance
that is applied for, in addition to the following information:
[1]
The name and address of the applicant or appellant.
[2]
The name and address of the owner of the district
lot to be affected by such proposed change or appeal.
[3]
A brief description and location of the district
lot to be affected by such proposed change or appeal.
[4]
A statement of the present zoning classification
of the district lot in question, the improvements thereon and the
present use thereof.
[5]
A reasonably accurate description of the present
improvements and the additions or changes intended to be made under
the application, indicating the size of such proposed improvements,
material and general construction thereof. In addition, there shall
be attached a plot plan of the real property to be affected, indicating
the location and size of the lot and size of improvements thereon
and proposed to be erected thereon.
(2)
Procedure for Zoning Officer.
(a)
The notice of appeal in any case where a permit
has been granted or denied by the Zoning Officer shall be filed within
such time as shall be prescribed by the Zoning Board of Appeals under
general rule, after notice of such action granting or denying the
permit has been mailed to the applicant. The Zoning Officer shall
forthwith transmit to the Zoning Board of Appeals all papers constituting
the record upon which the action appealed from was taken or, in lieu
thereof, certified copies of said papers.
(b)
It shall be competent for the Zoning Officer
to recommend to the Zoning Board of Appeals a modification or reversal
of his action in cases where he believes substantial justice requires
the same but where he has not himself sufficient authority to grant
the relief sought.
(c)
Procedure for the Zoning Board of Appeals. The
Zoning Board of Appeals shall decide each appeal within a reasonable
time. Upon the hearing, any party may appear in person or be represented
by an agent or attorney. The Zoning Board of Appeals's decision shall
be immediately filed in its office and be a public record. In the
exercise of its functions upon such appeals or upon exceptions, the
Zoning Board of Appeals may, in conformity with the provisions of
this chapter, reverse or affirm, wholly or partly, or modify the order,
requirement, decision or determination appealed from, or may make
such order, requirement, decision or determination in accordance with
the provisions hereof.
(d)
Expiration of appeal decision. A decision on
any appeal or request for a variance shall expire if the applicant
fails to obtain any necessary building permit or comply with the conditions
of said authorized permit within 12 months from the date of authorization
thereof. The Zoning Board of Appeals, in its judgment of the special
circumstances presented by a particular case, shall have the ability
to reduce the expiration time to not less than six months if it believes
said reduction is in the interest of public health safety or general
welfare.
[Amended 6-20-2007 by L.L. No. 2-2007]
(e)
Stay of proceedings. An appeal shall stay all
proceedings in furtherance of the action appealed from unless the
Zoning Officer 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, 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
Zoning Board of Appeals or by the Supreme Court on application, on
notice to the Zoning Officer and on due cause shown.
(f)
Appeal from decision of Zoning Board of Appeals.
All decisions of the Zoning Board of Appeals are subject to court
review in accordance with the applicable laws of the State of New
York.
E.
Public hearings and notice.
(1)
The Zoning Board of Appeals shall fix a reasonable
time for the hearing of the appeal or other matter referred to it
and give public notice thereof by the publication in the official
paper of a notice of such hearing at least five days prior to the
date thereof and shall at least five days before such hearing, mail
notices thereof to the following officials, persons and owners of
properties involved and in accordance with the requirements of § 267
of Article 16, Chapter 62 of the Consolidated Laws of the State of
New York:[1]
(a)
When appealing action of the Zoning Officer.
In case of an appeal alleging error or misinterpretation in any order
or other action by the Zoning Officer, the following persons shall
be notified: the appellant and the person or persons, if any, who
benefit from the order, requirement, regulation or determination.
(b)
When appealing for variance. In case of an appeal
for a variance, the following persons shall be notified: All owners
of property within 500 feet of the nearest line of property for which
the variance use is sought and to such other owners as the Chairman
of the Zoning Board of Appeals may direct. Notices to owners of the
property abutting the property for which the variance is sought shall
be sent via first-class mail.
[Amended 10-7-1992]
[1]
Editor's Note: See now Town Law §§ 267,
267-a, 267-b and 267-c.
(2)
Adjournment of hearing. Upon the day for hearing any
application or appeal, the Zoning Board of Appeals may adjourn the
hearing for a reasonable period for the purpose of causing such further
notice as it deems proper to be served upon such other property owners
as it decides may be interested in said application or appeal.
(3)
Required interval for hearings on applications and
appeals after denial. Whenever the Board, after hearing all the evidence
presented upon an application or appeal under the provisions of this
chapter, denies the same, the Zoning Board of Appeals shall refuse
to hold further hearings on the said or substantially similar application
or appeal by the same applicant, his successor or assign for a period
of one year except and unless the Zoning Board of Appeals shall find
and determine from the information supplied by the request for a rehearing
that changed conditions have occurred relating to the promotion of
the public health, safety, convenience, comfort, prosperity and general
welfare and that a reconsideration is justified. Such rehearing would
be allowable only upon a motion initiated by a member of the Zoning
Board of Appeals and adopted by the unanimous vote of the members
present but not less than a majority of all members.
F.
Fees. Fees for the issuance of permits, appeals, amendments
and other zoning actions shall be paid to the town at the office of
the Zoning Officer upon the filing of an application and in accordance
with the schedule of fees established by the Town Board.
This chapter shall be enforced by the Zoning
Officer, who shall be appointed by the Town Board. No building permit
or certificate of occupancy shall be issued by him except where all
the provisions of this chapter have been complied with.
A.
Building permits.
(1)
General. No building or structure shall be erected,
added to or structurally altered until a permit therefor has been
issued by the Zoning Officer. Except upon a written order of the Zoning
Board of Appeals, no such building permit or certificate of occupancy
shall be issued for any building where said construction, addition
or alteration or use thereof would be in violation of any of the provisions
of this chapter.
(2)
Information necessary for application. There shall
be submitted with all applications for building permits two copies
of a layout or plot plan drawn to scale showing the actual dimensions
of the lot to be built upon, the exact size and location on the lot
of the building and accessory buildings to be erected and such other
information as may be necessary to determine and provide for the enforcement
of this chapter. The information must be duly sworn to by the owner
of record of the real estate for which such permit is sought.
(3)
Public record. One copy of such layout or plot plan
shall be returned when approved by the Zoning Officer, together with
such permit, to the applicant upon the payment of a fee as indicated
in this chapter. The second copy, with a copy of each application
with accompanying plan, shall become a public record after a permit
is issued or denied.
(4)
Records. The Building Inspector shall:
(a)
Maintain in the office of the Town Clerk files
of all applications for building permits with plans and for certificates
of occupancy, and records of all building permits and certificates
of occupancy issued by him, which records shall be maintained under
the supervision of the Town Clerk and shall be open to public inspection.
(b)
Keep a record of every identifiable violation
of any of the provisions of this chapter that comes to his attention
and the action taken on such violation, which records shall be public
records.
(c)
File a monthly report summarizing for the period
since his last previous report all building permits and certificates
of occupancy issued by him and all violations of this chapter which
have come to his attention, together with the action taken by him
on such violations or the action proposed to be taken. A copy of each
such report shall be filed with the Planning Board at the same time
it is filed with the Town Board.
(5)
Water supply and sewage disposal. All water supply
and sewage disposal installations shall conform to the New York State
Department of Health regulations. No plot plan shall be approved by
the Zoning Officer in any zone unless such conformity is certified
on the plan. Drainage affecting adjacent properties shall be considered
by the Zoning Officer before issuing a building permit, including
possible runoffs to said properties.
(6)
Issuance of permits. It shall be the duty of the Zoning
Officer to issue a building permit, provided that he is satisfied
that the structure, building, a sign, parking area of premises and
the proposed use thereof conform to all requirements of this chapter,
and that all other reviews and actions, if any, called for in this
chapter have been complied with and all necessary approvals secured
therefore. All building permits shall be issued in duplicate and one
copy shall be kept conspicuously on the premises affected and protected
from the weather whenever construction work is being performed thereon.
No owner, contractor, workman or other person shall perform any building
operations of any kind unless a building permit covering such operation
has been displayed as required by this chapter, nor shall any such
persons perform building operations of any kind after notification
of the revocation of said building permit. As soon as the foundation
is completed, an as-built survey by a licensed surveyor showing the
exact location of the building shall be submitted to the Building
Inspector as proof that no setback lines have been violated and prior
to any framing of the building.
(7)
Denial of permits. When the Zoning Officer is not
satisfied that the applicant's proposed development will meet the
requirements of this chapter, he shall refuse to issue a building
permit and the applicant may appeal to the Zoning Board of Appeals
for a reversal of the Zoning Officer's decision.
(8)
Revocation of permits. If it shall appear at any time
to the Zoning Officer that the application or accompanying plot is
in any material respect false or misleading or that work is being
done upon the premises differing materially from that called for in
the application filed with him under existing laws or ordinances,
he may forthwith revoke the building permit, whereupon it shall be
the duty of the person holding the same to surrender it and all copies
thereof to said Zoning Officer. After the building permit has been
revoked, the Zoning Officer, in his discretion, before issuing the
new building permit, may require the applicant to file an indemnity
bond in the favor of the Town of Orchard Park with sufficient surety,
conditioned for compliance with this chapter and all building laws
and ordinances then in force and in a sum sufficient to cover the
cost of removing the building if it does not so comply.
(9)
Special uses. All applications for special uses shall
be accompanied by plans and such other information as may be required
in this chapter.
(10)
Right of entry. The Zoning Officer and his duly
authorized assistants shall have the right to enter upon any land
and into any building in the performance of their duties.
(11)
Inspection of buildings and structures. The
Zoning Officer shall inspect or cause to be inspected every building
or structure constructed, altered or used, subject to the requirements
of this chapter, and shall order in writing the correction of any
condition found in violation of the requirements of this chapter.
(12)
A building permit application must be filed
for new construction or conversions of structures and any and all
paved stabilized stone areas, drives or any other paved area in any
B, I or D-R Zones. A site plan and a drainage plan must be submitted
with the application described in this subsection, including the following:
[Added 1-2-1991]
(a)
The property survey and topographic plan must
be stamped by a New York State licensed surveyor or engineer.
(b)
Existing grades of the subject property with
elevation shots of adjacent property must be submitted. Such elevation
shots must describe the property line and a sufficient distance from
the property line to properly design the subject of the building permit
application.
(c)
Such plan must include all proposed grades after
development.
(d)
All such grades must show elevations from a
benchmark which is known or assumed using the United States Geological
Survey or its equivalent.
(e)
Where the plan involves a parking lot area,
enclosed drainage piping into existing roadside or other approved
drainage is required.
(f)
In the event that state or county permits are
required, such permits must be obtained by the owner or contractor
prior to submission of the building permit application. Copies of
said permit shall accompany building permit applications.
(g)
Three copies of the plan shall be submitted
to the Building Department. The Town Engineer shall approve all plans
prior to issuance of a building permit.
[Amended 4-27-2011 by L.L. No. 1-2011]
B.
Certificate of occupancy.
(1)
General. No land shall be occupied or used and no
building hereafter erected, altered or extended shall be used or changed
in use until a certificate of occupancy shall have been issued by
the Zoning Officer, stating that the building or proposed use thereof
complies with the provisions of this chapter in respect to the following:
(a)
Occupancy or use of a building hereafter erected,
struturally altered or moved.
(b)
Change in the use of an existing building except
to another use of the same type.
(c)
Any change in use of a nonconforming use.
(d)
Occupancy or use of any vacant land except for
any use consisting primarily of tilling the soil.
(2)
Application for certificate of occupancy. The application
for a certificate of occupancy shall be made in writing by the owner
of the property and shall state the type of occupancy, use or change
in use which is proposed.
(3)
Expiration of building permits and certificates of
occupancy. Each building permit shall expire and be automatically
nullified six months from the date of issuance of said permit unless
construction has been commenced within such six-month period, and
two years from the date of issuance unless construction has been substantially
completed within such two-year period. Each certificate of occupancy
shall expire and be automatically nullified one year from the date
of issuance unless occupancy has been established within such one-year
period.
(4)
Compliance with law and ordinances prerequisite to
issuance of certificate of occupancy. A certificate of occupancy will
not be issued by the Zoning Officer until he is satisfied that the
building, land and proposed occupancy or proposed use comply with
all provisions of the New York State Uniform Fire Prevention and Building
Code and other laws and with this chapter and all other ordinances
of the town.
(5)
Record. The Zoning Officer 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.
(6)
Completion of projects. Each construction, reconstruction,
exterior alteration or relocation project for which a building permit
has been issued and which has been started shall be diligently prosecuted
to completion.
A.
Organization.
(1)
Establishment. There is hereby established a Board
of Appeals to consist of five members to be appointed by the Town
Board.
(2)
Term of office of members. Of the members of the Board
of Appeals first appointed, one shall hold office for the term of
one year, one for two years, one for three years, one for four years
and one for 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.
(4)
Filling of vacancies. If a vacancy shall occur on
the Board of Appeals other than by expiration of term, such vacancy
shall be filled by the Town Board by appointment for the unexpired
term.
(5)
Removal of members. The Town Board shall have the
power to remove any member of the Board of Appeals for cause and after
public hearing.
B.
Powers and duties. The Board shall hear and decide
appeals and variances pursuant to the provisions of the laws of the
State of New York and shall have the following powers:
(1)
Power to review orders, decision of Zoning Officer.
The Board of Appeals shall have the power to review any order or decision
of the Zoning Officer in case of alleged error or misinterpretation
of the provisions of this chapter.
(2)
Power to grant variances. The Board of Appeals may,
after due notice and public hearing and subject to appropriate conditions
and safeguards, determine and vary the application of the regulations
of this chapter in harmony with their general purposes and intent
in the following cases:
(a)
Wherever it is provided in this chapter that
the approval of the Board of Appeals is required.
(b)
Where temporary conditional permits for not
more than two years for structures and uses in contravention of the
requirements of this chapter are requested in undeveloped sections
of the town, provided that such uses are important to the development
of such undeveloped sections, and also provided that such uses are
not prejudicial to adjoining and neighboring sections already developed.
(c)
Where public utility or public service uses
or public buildings are found to be necessary for the public health,
safety or the general welfare.
(d)
Where there are practical difficulties or unnecessary
hardships in the way of carrying out the strict letter of this chapter;
provided, however, that the hardship suffered must be unique, applying
to the premises in question but not applying generally to other premises
in the same district. It must not be self created by any person having
an interest in the property, or the result of mere disregard for or
ignorance of the provisions of this chapter. Any relief granted shall
be only that reasonably required to effect substantial justice, shall
not be arbitrary or discriminatory and shall be granted with due consideration
for its effect on the ultimate development of the district in accord
with the Zoning Map.
C.
Procedure.
(1)
Meetings. All meetings of the Board of Appeals shall
be held monthly or at the call of the Chairman and at such other times
as the Board may determine and shall be open to the public.
(2)
Quorum established. Three members of the Board of
Appeals shall constitute a quorum for the transaction of business,
and the concurring vote of a majority of the members of the Board
shall be necessary to reverse any order, requirement, decision or
determination of the Building Inspector or to decide in favor of an
applicant in any matter upon which it is required to pass under this
chapter.
(3)
Records to be kept.
(a)
Minutes. The Board of Appeals shall keep minutes
of its proceedings, showing the vote of each member upon every question,
or if such member is absent or fails to vote, such fact shall be indicated
in the minutes.
(b)
Official actions. The Board of Appeals shall
also keep records of its examinations or other official actions.
(4)
Filing of rules, orders, decisions, etc.; to become
public record. Every rule and regulation, every amendment or repeal
thereof and every order, requirement, decision or determination of
the Board of Appeals shall be immediately filed in the office of the
Town Clerk and shall be a public record.
