The duty of administering and enforcing the
provisions of this chapter is hereby conferred upon the Code Enforcement
Official (CEO), who shall be appointed by the Village Board and shall
have such powers as are conferred upon him by this chapter. The Code
Enforcement Official shall receive such compensation as the Village
Board shall determine.
A.
Review plans and inspect premises. It shall be the
duty of the Code Enforcement Official or his duly authorized assistants
to cause any plans, buildings or premises to be examined or inspected
to determine that they are not in violation of the provisions of this
chapter. In the fulfillment of his duties, the Code Enforcement Official,
or his authorized assistants, may enter any premises or building during
reasonable hours, in accordance with state law, after due written
notice has been given.
B.
Cite zoning violations.
(1)
If the Code Enforcement Official shall find that any
of the provisions of this chapter are being violated, he shall notify,
in writing, the owner of the property, as well as the person responsible
for such violations if such person is not the owner. Such notice shall
indicate the nature of the violation and specify the action required
to correct the violation.
(2)
In his efforts to attain compliance, the Code Enforcement
Official shall have the authority to order:
(3)
On the serving of notice by the Code Enforcement Official
to the owner of any property violating any of the provisions of this
chapter, the certificate of occupancy or certificate of compliance,
as appropriate, for such building or use shall be held null and void.
A new certificate of occupancy and/or compliance shall be required
for any further use of such building or premises.
C.
Issue permits. It shall be the duty of the Code Enforcement
Official to issue permits and certificates to applicants who fully
comply with the provisions of this chapter.
D.
Referral to Zoning Board of Appeals. An applicant,
after being denied a zoning permit, may appeal the Code Enforcement
Official's findings to the Zoning Board of Appeals (ZBA) for an interpretation
or a variance. Should an appeal be requested, the Code Enforcement
Official shall notify the Secretary of the Zoning Board of Appeals
of the request and forward all necessary supporting information to
the Zoning Board of Appeals for action.
E.
Referral to Village Planning Board. Any application
for a special permit, a change in a zoning district or a change in
use that requires site plan review shall be forwarded by the Code
Enforcement Official to the Secretary of the Village Planning Board
for action. All necessary supporting information shall also be forwarded.
F.
Public record and monthly report to Village Board.
The Code Enforcement Official shall maintain a permanent and current
record of all applications for permits and certificates, his action
upon same, any conditions relating thereto and any other matters considered
and action taken by him. Such records shall form a part of the records
of his office and shall be available for use by Village officials
and for inspection by the public. The records to be maintained shall
include the following:
(1)
Application file. An individual permanent file for
each application for a permit or certificate provided for herein shall
be established at the time the application is made. Said file shall
contain one copy of the application and all supporting documents and
plans; notations regarding pertinent dates and fees; one copy of any
resolutions or actions of the Village Board, Planning Board or Zoning
Board of Appeals in acting on the application; and the date the permit
or certificate applied for was issued or denied.
(2)
Monthly report. The Code Enforcement Official shall
prepare a monthly report for the Village Board. Said report shall
cite all actions taken by the Code Enforcement Official, including
all referrals made by him; all permits and certificates issued and
denied; all complaints of violation received and all violations found
by him, and the action taken by him consequent thereon; and the time
spent and mileage used. A copy of this monthly report shall also be
transmitted by the Code Enforcement Official to the Tax Assessor,
Planning Board and Board of Appeals at the same time it is transmitted
to the Village Board.
G.
Whenever the Code Enforcement Official denies a permit
or certificate he shall, in writing, inform the applicant of the specific
reasons for denial and instruct the applicant on the proper methods
to apply for relief.
H.
The Code Enforcement Official shall maintain a current
list and a map of nonconforming uses to determine if discontinuance
or destruction or change in use or vacancy has taken place.
I.
The Code Enforcement Official shall maintain a current
list and a map showing activities operating pursuant to variances
and special use permits, in order to determine whether such activities
are in compliance with the conditions and safeguards required as a
condition of approval of such variance or special permit.
J.
Upon written direction from the Planning Board, the
Code Enforcement Official shall issue special use permits. Upon approval
of a variance by the Board of Appeals, the Code Enforcement Official
shall be empowered to issue the necessary permits with the specific
conditions to be imposed.
K.
The Code Enforcement Official shall be authorized
and empowered to issue appearance tickets pursuant to the New York
State Criminal Procedure Law.
A.
Pursuant to the provisions of the Village Law applicable
thereto, the Village Board hereby creates a Planning Board. The existing
Planning Board shall be continued.
B.
The Planning Board shall consist of five members,
each with a term of five years. The terms of membership shall run
concurrent with the governmental year. The Board is hereby vested
with the powers and duties subject to the limitations set forth in
§ 7-718 of Article 7 of the Village Law, as the same may
be amended, modified, or changed from time to time, or any sections
subsequently adopted pertaining to Planning Boards.
C.
Members and the Chairperson of such Planning Board
shall be appointed by the Village Board. Minimum requirements for
Planning Board members are:
[Amended 2-9-2005 by L.L. No. 2-2005]
(1)
Training. Each Board member is required to complete
a minimum of two hours of training per calendar year. At the discretion
of the remaining members of the Planning Board, and upon recommendation
to the Village Board or the Village Board of its own accord, may move
a member for failure to comply with this requirement.
(2)
Attendance. Each Board member shall be required to
attend 75% of the scheduled meetings in each calendar year. In addition,
failure to attend three consecutive meetings without good cause may
be grounds for removal from the Board.
D.
No person who is a member of the Village Board shall
be eligible for membership on the Planning Board.
E.
The terms of members of the Planning Board first appointed
shall be so fixed that the term of one member shall expire at the
end of the Village governmental year in which such members were initially
appointed. The terms of the remaining members first appointed shall
be so fixed that one term shall expire at the end of each governmental
year thereafter. At the expiration of the term of each member first
appointed, his or her successor shall be appointed for a five-year
term.
F.
If a vacancy shall occur otherwise than by expiration
of term, the Mayor shall appoint the new member for the unexpired
term, subject to the approval of the Village Board.
G.
The Village Board shall have the power to remove,
after public hearing, any member of the Planning Board for cause and
may provide by local law for removal, after public hearing, of any
Planning Board member for noncompliance with minimum standards relating
to meeting attendance and training as established by the Village Board
by local law.
H.
All meetings of the Planning Board shall be held at
the call of the Chairperson and at such other times as such Board
may determine.
I.
No person shall be disqualified from service as a
member of the Planning Board by reason of serving as a member of the
Town or County Planning Board.
J.
The Planning Board shall establish such rules and
regulations as are required by law and the provisions herein for the
transaction of its business and may amend, modify and repeal the same
from time to time.
The Planning Board shall have the following
powers and duties:
A.
To prepare and from time to time recommend changes
to the Comprehensive Plan for the development of the Village.
B.
To review proposals to approve or disapprove the laying
out, closing off, abandonment or changes in lines of streets, highways
and public areas and to make recommendations to the Village Board.
C.
To make investigations and reports relating to the
planning and development of the Village as it deems desirable. This
shall include, but not be limited to, changes in boundaries of districts,
recommended changes in the provisions of this chapter, other land
use and development matters of importance to the Planning Board and
any matter lawfully referred to it by the Village Board.
D.
To review, act on or provide advisory reports as specified
by this chapter.
E.
Conduct site plan review as authorized by the New York State Village Law and prescribed in Article X of this chapter.
G.
To review and approve, approve with modifications
or disapprove plats showing lots, blocks or sites for subdivisions
under § 7-728 of Article 7 of the Village Law.
H.
All such powers as are conferred upon Village planning
boards by the provisions of the Village Law now or hereafter in effect.
I.
The Village Board can by resolution authorize the
Planning Board to modify applicable provisions of the Zoning Chapter
simultaneously with plat approval in accordance with the New York
State Village Law.
A.
Pursuant to § 7-712 of the Village Law,
there shall be a Zoning Board of Appeals consisting of five members,
holding staggered five-year terms, appointed by the Village Board.
B.
Of the members of the Zoning Board of Appeals first
appointed, one shall hold office for the term of one year, one for
the term of two years, one for the term of three years, one for the
term of four years and one for the term of five years. All terms shall
run concurrent with the governmental year. Their successors shall
be appointed for a term of five years from and after the expiration
of the terms of their predecessors in office.
C.
Minimum requirements for Zoning Board of Appeals members.
(1)
Training. Each Board member is required to complete
a minimum of two hours of training per calendar year. At the discretion
of the remaining members of the Zoning Board of Appeals, and upon
recommendation to the Village Board or the Village Board of its own
accord, may remove a member for failure to comply with this requirement.
(2)
Attendance. Each Board matter shall be required to
attend 75% of the scheduled meetings in each calendar year. In addition,
failure to attend three consecutive meetings without good cause may
be grounds for removal from the Board.
D.
The Village Board shall appoint the Chairman of the
Zoning Board of Appeals. No member of the Village Board shall be eligible
for membership on the Zoning Board of Appeals.
E.
The Mayor shall have the power to remove, after public
hearing, any member of the Zoning Board of Appeals for cause and may
provide by local law for removal, after public hearing, of any Zoning
Board of Appeals member for noncompliance with minimum requirements
relating to meeting attendance and training as established by the
Village Board by local law.
F.
All meetings of the Zoning Board of Appeals shall
be held at the call of the Chairperson and at such other times as
such Board may determine. Such Chairperson, or in his or her absence
the acting Chairperson, may administer oaths and compel the attendance
of witnesses.
G.
The Zoning Board of Appeals shall establish such rules
and regulations as are required by state and local laws for the transaction
of its business and may amend, modify and repeal the same from time
to time.
H.
Whenever the Zoning Board of Appeals, after hearing
all the evidence presented upon an application for appeals under the
provisions of this chapter, denies or rejects the same, said Zoning
Board of Appeals shall refuse to hold further hearings on the same
or substantially similar application for appeal by the same applicant,
their successors or assigns, for a period of one year, except and
unless the Zoning Board of Appeals shall find and determine, from
the information supplied in the request for a rehearing, that a change
in conditions has occurred which relates to the promotion of public
health, safety, convenience, comfort, prosperity and general welfare
and that a reconsideration is justified. Such rehearing may be granted
only upon the favorable vote of not less than four members of the
Zoning Board of Appeals.
A.
Meetings, minutes and records. Meetings of such Zoning
Board of Appeals shall be open to the public to the extent provided
in Article 7 of the Public Officers Law. Such 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. The Zoning Board of Appeals shall make factual record
of all its proceedings, including the reading of the case, public
hearing, deliberation, voting and decisions of the Board. These factual
records shall be taken by stenographic and/or tape recorder means
and shall be accurate but not necessarily a verbatim transcript, but
may be in narrative form.
B.
Filing requirements. Every rule and regulation, every
amendment or repeal thereof and every order, requirement, decision
or determination of the Zoning Board of Appeals shall be filed in
the office of the Village Clerk within five business days and shall
be a public record.
C.
Assistance to Zoning Board of Appeals. Such Board
shall have the authority to call upon any department, agency or employee
of the Village for such assistance as shall be deemed necessary and
as shall be authorized by the Village Board. Such department, agency
or employee shall be reimbursed for any expenses incurred as a result
of such assistance.
A.
Interpretations, requirements, decisions and determinations.
The Zoning Board of Appeals may reverse or affirm, wholly or partly,
or may modify the order, requirement, decision, interpretation or
determination appealed from and shall make such order, requirement,
decision, interpretation or determination as in its opinion ought
to have been made in the matter by the Code Enforcement Official and,
to that end, shall have all the powers of the administrative official
from whose order, requirement, decision or determination the appeal
is taken.
B.
Use variances.
(1)
The Zoning Board of Appeals, on appeal from the decision
or determination of the Code Enforcement Official, shall have the
power to grant use variances, authorizing a use of the land which
otherwise would not be allowed or would be prohibited by the terms
of this chapter.
(2)
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:
(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 zone district or neighborhood;
(c)
The requested use variance, if granted, will
not alter the essential character of the neighborhood; and
(d)
The alleged hardship has not been self-created.
(3)
The Zoning Board of Appeals, in the granting of use
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.
Area variances.
(1)
The Zoning Board of Appeals shall have the power,
upon an appeal from a decision or determination of the Code Enforcement
Official, to grant area variances from the area or dimensional requirements
of this chapter.
(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 zone district; and
(e)
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.
(3)
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.
D.
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 and/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 that such variance may have on the neighborhood or
community.
A.
The Zoning Board of Appeals shall hear and decide
requests for variances and appeals from and review of any order, requirement,
decision, interpretation or determination made by an administrative
official charged with the enforcement of this chapter. Such appeal
may be taken by any person aggrieved or by an officer, department
or board of the Village.
B.
All applications for variances shall be in writing
on forms established by the Zoning Board of Appeals. Forms shall be
available from the Code Enforcement Official.
C.
Every application shall refer to the specific provision
of the law involved and establish the details of why the variance
should be granted.
D.
Upon receipt of the completed application the Zoning
Board of Appeals shall:
E.
Time of appeal.
(1)
Such appeal shall be taken within 60 days after the
filing of any order, requirement, decision, interpretation or determination
of the administrative official charged with the enforcement of this
chapter by filing with such administrative official and with the Zoning
Board of Appeals a notice of appeal, specifying the grounds thereof
and the relief sought.
(2)
The administrative official from whom the appeal is
taken shall forthwith transmit to the Zoning Board of Appeals all
the papers constituting the record upon which the action appealed
from was taken.
F.
Stay upon appeal. An appeal shall stay all proceedings
in furtherance of the action appealed from, unless the Code Enforcement
Official 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 or her 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 a court of record, on application,
on notice to the administrative official from whom the appeal is taken
and on due cause shown.
G.
Public hearing on appeal.
(1)
The Zoning Board of Appeals shall fix a reasonable
time for a public hearing on the appeal or other matter referred to
it, not to exceed 30 days from date of Zoning Board of Appeals receipt
or 60 days for those cases referred to the County Planning Board.
(2)
The Zoning Board of Appeals shall give public notice
thereof by the publication, in a paper of general circulation in the
Village, of a notice of such hearing, at least seven days prior to
the date thereof, and shall mail notices thereof to the applicant
at least five days prior to the hearing.
(3)
The applicant shall place one sign on the property
for which a variance or other appeal is requested. Said sign shall
be provided by the Code Enforcement Official. The sign shall be placed
in a location which is easily read from a public street. The sign
shall specify the date, time and place of the public hearing and a
telephone number to call for more specific information. Such sign
shall be placed on the site not less than five days prior to the public
hearing and shall be brought to the hearing by the applicant or his
designated representative.
(4)
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 Zoning Board of Appeals prior to the hearing of such appeal.
H.
Voting procedures.
(1)
The concurring vote of not less than three members
of the Zoning Board of Appeals shall be necessary to reverse any order,
requirement, decision or determination of any such administrative
official or to grant a use variance or area variance.
(2)
In accordance with General Municipal Law § 809,
a member of the Zoning Board of Appeals having a conflict of interest
shall abstain from any discussion or voting on that matter.
(3)
All votes shall be by roll call.
I.
Notice to Park Commission and County Planning Board.
At least five days before such hearing, the Zoning Board of Appeals
shall mail notices thereof to the Regional State Parks Commission
having jurisdiction over any state park or parkway within 500 feet
of the property affected by such appeal and to the County Planning
Board as required by § 239-m of the General Municipal Law,
which notice shall be accompanied by a full statement of the matter
under consideration, as defined in Subdivision 1 of Section 239-m
of the General Municipal Law.
J.
Time of decision.
(1)
Within 62 days of the public hearing, the Zoning Board
of Appeals shall render a decision. The time within which the Zoning
Board of Appeals shall render its decision may be extended by mutual
consent of the applicant and the Board.
(2)
If the matter was referred to the County Planning
Board, a copy of the Zoning Board of Appeals's findings and decision
shall be sent to the County Planning Board within seven days of rendering
the decision.
K.
Filing of decision and notice. The decision of the
Zoning Board of Appeals on the appeal shall be filed in the office
of the Village Clerk within five business days after the day such
decision is rendered, and a copy thereof mailed to the applicant.
L.
All decisions shall be by a majority vote of the membership
(three), except in the case of the County Planning Board recommending
disapproval or modification of a referral. In such cases, a majority
plus one vote (total vote of four) shall be required to override the
County Planning Board recommendation.
A.
Required referrals. New York State General Municipal
Law § 239-m requires that any of the following local zoning
actions shall be referred to the County Planning Board prior to action
by the local board. Any proposal for a special permit, variance, site
plan approval, change in the zoning law text or map (rezoning, amending
the zoning law) which would affect real property lying within a distance
of 500 feet from the boundary of the corporate limits of the Village;
any right-of-way of any county or state road or parkway; or any existing
or proposed county- or state-owned land on which a public building
or institution is situated shall be referred to the County Planning
Board, which shall have 30 days from date of county receipt to take
action on the matter. By mutual agreement of the county and the municipality,
such 30-day period may be extended in special cases.
B.
Effect of County Planning Board review.
(1)
If the County Planning Board approves a referral,
then the local board's decision is governed by a majority vote.
(2)
If the County Planning Board disapproves or approves
a referral subject to stated conditions or modifications, the local
board may override the county opinion only by a majority plus one
vote.
C.
Report on final local action. The local board shall
send a copy of its final decision on a county referral, and reasons
for its decision to the County Planning Board within seven days after
the local decision is reached.
A.
The State Environmental Quality Review Act requires
local governments to examine the environmental impact of all actions
they permit, fund or construct. Article 6 and Part 617 of Title 6
of the New York Code of Rules and Regulations are hereby adopted by
reference.
B.
All Type I and unlisted actions (6 NYCRR Part 617)
shall require the submission of an environmental assessment form.
C.
For a zoning action to be undertaken by the Village,
the following bodies shall be lead agency, unless otherwise determined
by the agencies with jurisdiction over the application:
|
Type of Action
|
Lead Agency
| |
|---|---|---|
|
Zoning text amendments
|
Village Board
| |
|
Zoning district amendments
|
Village Board
| |
|
Special permits
|
Planning Board
| |
|
Site plan review
|
Planning Board
| |
|
Variances
|
Zoning Board of Appeals
|
D.
If, in the opinion of the lead agency, after review
of the environmental assessment form, there appears the potential
for a significant environmental impact, the lead agency shall cause
the applicant to prepare a draft environmental impact statement (EIS).
Review, notice and action on the EIS shall be conducted according
to Part 617.
E.
The lead agency's review of the action shall include
the following procedures and general considerations:
(1)
If the lead agency determines that the proposed action
is not an exempt action or an action listed in Section 617.4 of Title
6 NYCRR as a Type II action, and that it will not have a significant
effect on the environment or local plans, then the lead agency shall
prepare, file and circulate a negative declaration as provided for
in Section 617.7(b) of Title 6 NYCRR, and thereafter the proposed
action may be processed without further regard to SEQR procedures.
(2)
The lead agency shall maintain files, that are open
for public inspection, of all notices of proposed actions, draft and
final environmental impact statements and written determinations.
A.
Application to Supreme Court by aggrieved persons.
Any person or persons jointly or severally aggrieved by any decision
of the Village Board, Zoning Board of Appeals, Planning Board or any
officer, department or board of the Village may apply to the Supreme
Court for review by a proceeding under Article 78 of the Civil Practice
Law and Rules. Such proceeding shall be instituted within 30 days
after the filing of a decision of the Board in the office of the Village
Clerk or in the office designated by resolution of the Village Board.
The Court may take evidence or appoint a referee to take such evidence
as it may direct and report the same with his or her findings of fact
and conclusions of law, if it shall appear that testimony is necessary
for the proper disposition of the matter. The Court, at special term,
shall itself dispose of the cause on the merits, determining all questions
which may be presented for determination.
B.
Costs of appeal. Costs shall not be allowed against
the Village Board, Zoning Board of Appeals or Planning Board unless
it shall appear to the Court that it acted with gross negligence or
in bad faith or with malice in making the decision appealed from.
C.
Preference of appeal to Court. All issues in any proceeding
under this section shall have preference over all other civil actions
and proceedings.
D.
Power of Court. If, upon the hearing at a special
term of the Supreme Court, it shall appear to the Court that testimony
is necessary for the proper disposition of the matter, it may take
evidence or appoint a referee to take such evidence as it may direct
and report the same to the Court with his or her findings of fact
and conclusions of law, which shall constitute a part of the proceedings
upon which the determination of the Court shall be made. The Court
may reverse or affirm, wholly or partly, or may specify the decision
brought up for review.
