A.
No building or structure shall be erected, or use instituted, or
use reinstituted once discontinued, until a zoning permit has been
issued therefor.
B.
The exterior structural area of a building shall not be enlarged
until a zoning permit has been issued therefor.
C.
A zoning permit shall not be required for:
(1)
Construction of a structure with a floor area of 100 square
feet or less. However, such structures shall meet the following requirements:
(a)
They may be located in a required yard, provided that they do
not disrupt a neighbor's view or traffic safety (i.e., line of sight).
(b)
In no case shall the structure be located closer than 10 feet
to the lot line or 40 feet to the road line.
(c)
The structure or use shall not conflict with the principal uses
of the district.
(2)
Installation of fences or walls, provided that they meet the
appropriate zoning regulations.
(3)
Interior structural alterations.
(4)
Routine maintenance and improvement (e.g., roofing, window replacement,
siding replacement, etc.) that does not expand the exterior dimensions
of the structure.
(5)
Construction of chimneys, placement of posts, and other similar
accessory uses.
D.
When establishing measurements to meet the required front yards and
structure setbacks, the measurements shall be taken from the road
line, lot line, or nearest high water elevation to the furthermost
protruding part of the structure. This shall include such projecting
facilities as cornices, eaves, porches, carports, attached garages,
etc.
E.
No such zoning permit or certificate of compliance shall be issued for any building or structure where said construction, addition, and exterior expansion or use thereof would be in violation of any of the provisions of this chapter, and further, no zoning permit shall be issued for construction or development upon a lot created under an approved subdivision until said approved subdivision plat has been duly filed with the office of the Jefferson County Clerk as required by § 135-9A.
F.
A zoning permit issued under this chapter shall expire one year from
the date of issue if construction is not started.
G.
Any administrative use having ceased for a period of 12 months or
longer shall be termed abandoned and may not be reinstituted without
applying for and being granted a zoning permit, at which time such
use shall be required to conform to this chapter.
H.
Applications for zoning permits shall be submitted to the Zoning
Enforcement Officer or Town Clerk and shall include two copies of
the following information:
(1)
A layout or plot plan showing the actual dimensions of the lot
to be built upon;
(2)
The size and location on the lot of the structures and accessory
structures to be;
(3)
The distance from the building line to all lot lines, road right-of-way
lines, waterfront property lines, streams, and any other features
of the lot; and
(4)
Such other information as may be necessary to determine and
provide for the enforcement of this chapter.
I.
Application information, and other relevant data, shall be provided
on a form issued by the Town.
J.
A fee as determined by the Town Board shall be paid for each zoning
permit issued. Costs of hearings, notices, postings, etc., shall be
added to this fee when such requirements of the law must be met.
K.
Temporary permits may be issued by the Zoning Enforcement Officer
for conforming and nonconforming uses for a period not exceeding six
months.
(1)
Such temporary permits must meet the intent and purpose of this
chapter.
(2)
Temporary permits shall be based upon an agreement and plan
of action to bring the use into compliance prior to the expiration
of the permit.
(3)
Temporary permits shall be conditioned upon agreement by the
owner or operator to remove any remaining nonconforming structures
or equipment upon expiration of the temporary permit.
(4)
Temporary permits may be renewed such that the total time shall
not exceed 18 months.
L.
No use which has been previously approved under a site plan for operation
and having been deemed discontinued as defined herein shall recommence
operation under the previous site plan until an administrative review
of the existing site plan is conducted pursuant to the codes in effect
at the time and the Zoning Enforcement Officer deems that revision
or an amended site plan is not necessary.
M.
A site plan approved pursuant with the provisions of this article
shall run with the land and apply to the type of business or activity
for which originally applied. A subsequent change of use to another
type of use requiring site plan approval or a special use permit will
require approval of a new site plan and the issuance of a new zoning
permit.
A.
This chapter shall be enforced by the Zoning Enforcement Officer,
who shall be appointed by the Town Board.
B.
The Zoning Enforcement Officer's authority shall include:
(1)
Approve and/or deny zoning permits.
(2)
Scale and interpret zone boundaries on Zoning Maps.
(3)
Approve and/or deny certificates of compliance.
(4)
Refer appropriate matters to the Zoning Board of Appeals and
Planning Board, as needed.
(5)
Revocation of a zoning permit where there is false, misleading
or insufficient information.
(6)
Revocation of a zoning permit and/or certificate of compliance
where the applicant has not done what was proposed on the application.
(7)
Issue stop-work orders for noncompliance with this Zoning Chapter.
(8)
Issue appearance tickets before the Town Court for noncompliance
with this chapter.
C.
The Zoning Enforcement Officer shall report at regular Town Board
meetings the number of permits issued.
A.
No land shall be occupied or used and no building or structure hereafter constructed, erected, extended, used, or changes made in the use until a certificate of compliance shall have been issued by the Zoning Enforcement Officer stating that the building, structure, or proposed use thereof complies with the provisions of this chapter. Additionally, a draft stormwater prevention plan (SWPPP), as defined by and consistent with the standards of the Town of LeRay Stormwater Management and Erosion and Sediment Control Law (Chapter 133), is provided where required.
[Amended 2-9-2017 by L.L.
No. 2-2017]
B.
All certificates of compliance shall be applied for coincidentally
with the application for a building permit. Said certificate shall
be issued within 10 days after the erection and alteration shall have
been approved as complying with the provisions of this chapter.
C.
The Zoning Enforcement 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.
A.
Creation, appointment and organization.
(1)
A Zoning Board of Appeals is hereby created and shall consist
of five members who shall be appointed by the Town Board on a staggered-term
basis in conformance with Town Law.
(2)
The Town Board shall appoint a Chairman.
(3)
The Board of Appeals shall select a Secretary and shall prescribe
rules for the conduct of its affairs.
B.
Powers and duties. The Board of Appeals shall have all the power
and duties prescribed by § 267-b of the Town Law and by
this chapter, which are more particularly specified as follows:
(1)
The 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 administrative official charged
with the enforcement of such ordinance or local law and to that end
shall have all the powers of the administrative official from whose
order, requirement, decision, interpretations or determinations the
appeal is taken.
(2)
Use variance.
(a)
The Board of Appeals, on appeal from the decision or determination
of the administrative official charged with the enforcement of this
chapter, shall have the power to grant use variances.
(b)
No such use variance shall be granted by the Board of Appeals
without a showing by the applicant that applicable zoning regulations
and restrictions have caused unnecessary hardship.
(c)
In order to prove unnecessary hardship, the applicant shall
demonstrate to the Board of Appeals that for each and every permitted
use under the zoning regulations for the particular districts where
the property is located:
[1]
The applicant cannot realize a reasonable return, provided that
lack of return is substantial as demonstrated 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.
(d)
The 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 variance.
(a)
The Zoning Board of Appeals shall have the powers, upon an appeal
from a decision or determination of an administrative official charged
with the enforcement of this chapter, to grant area variances.
(b)
In making its determination, the Zoning Board of Appeals shall
take into consideration the benefit to the application if the variance
is granted, as weighted against the detriment to the health, safety
and welfare of the neighborhood or community by such grant.
(c)
In making area variance determinations 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 of the neighborhood
or district; and
[5]
Whether the alleged difficulty was self-created, which consideration
shall be relevant to the decision of the Board of Appeals but shall
not necessarily preclude the granting of the area variance.
(d)
The 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.
(a)
The 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.
(b)
Such conditions shall be consistent with the spirit and intent
of the Zoning Chapter and shall be imposed for the purpose of minimizing
any adverse impact such variance may have on the neighborhood or community.
C.
Procedure.
(1)
Meetings; minutes; records. Meetings of such Board of Appeals
shall be open to the public to the extent provided in Article 7 of
the Public Officers Law. Such 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.
(2)
Filing requirements. 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.
(3)
Assistance to Board of Appeals. Such Board shall have the authority
to call upon any department, agency or employee of the Town for such
assistance as shall be deemed necessary and as shall by authorized
by the Town Board. Such department, agency or employee may be reimbursed
by any expenses incurred as a result of such assistance.
(4)
Hearing appeals.
(a)
Unless otherwise provided by local law or ordinance, the jurisdiction
of the Board of Appeals shall be appellate only and shall be limited
to hearing and deciding appeals from and reviewing any order, requirement,
decision, interpretation, or determination made by an administrative
official charged with the enforcement of the local law adopted pursuant
to this article.
(b)
The concurring vote of a majority of the members of the Board
of Appeals shall be necessary to reverse any order, requirement, decision
of determination of any such administrative official or to grant a
use variance or area variance.
(c)
Appeals may be taken by any person aggrieved or by an officer,
department, board or bureau of the Town.
(5)
Time of appeal.
(a)
Such appeal shall be taken within 60 days after the filing of
any order, requirement, decision, interpretation or determination
of the administrative officer charged with the enforcement of such
local law by filing with such administrative official and with the
Board of Appeals a notice of appeal, specifying the grounds thereof
and the relief sought.
(b)
The administrative official 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.
(c)
Upon the hearing, any party may appear in person or by agent
or attorney.
(6)
Stay upon appeal.
(a)
An appeal shall stay all proceedings in furtherance of the action
appealed from.
(b)
A stay shall not go into effect if the administrative official
charged with the enforcement of such local law, from whom the appeal
is taken, certifies to the Board of Appeals, after the notice of appeal
shall have been filed with the administrative official, that by reason
of facts stated in the certificate a stay would, in his or her opinion,
cause imminent peril to life or property.
(c)
In such instance, 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 administrative
official from whom the appeal is taken and on due cause shown.
(7)
Hearing on appeal.
(a)
The Board of Appeals shall fix a reasonable time for the hearing
of the appeal or other matter referred to and shall give public notice
thereof within a publication of general circulation in the Town at
least five days prior to the date thereof.
(b)
The costs of sending or publishing any notices relating to such
appeal shall be borne by the appealing party and shall be paid to
the Board prior to the hearing of such appeal.
(9)
Filing of decision and notice. The decision of the Board of
Appeals on the appeal shall be filed in the office of the Town Clerk
within five business days after the day such decision is rendered,
and a copy thereof shall be mailed to the applicant.
(10)
Notice to planning agency.
(a)
At least five days before such hearing, the Board of Appeals
shall mail notices thereof to the parties having jurisdiction over
any state land within 500 feet of the property affected by such appeal;
and to Jefferson County as required by § 239-m of the General
Municipal Law.
(b)
Such notice shall be accompanied by a full statement of the
matter under consideration, as defined in Subdivision 1 of General
Municipal Law § 239-m.
(11)
Compliance with State Environmental Quality Review Act.
(a)
The Board of Appeals shall comply with the provisions of the
State Environmental Quality Review Act under Article 8 of the Environmental
Conservation Law and its implementing regulations as codified in Title
6, Part 617, of the New York Codes, Rules and Regulations.
(12)
Rehearing.
(a)
A motion for the Zoning Board of Appeals to hold a rehearing
to review any order, decision or determination of the Board not previously
reheard may be made by any member of the Board.
(b)
A unanimous vote of all members of the Board then present is
required for such rehearing to occur.
(c)
Such rehearing is subject to the same notice provisions as an
original hearing.
(d)
Upon such rehearing, the Board may reverse, modify or annul
its original order, decision or determination upon the unanimous vote
of all members then present, provided the Board finds that the rights
vested in persons acting in good faith in reliance upon the reheard
order, decision or determination will not be prejudiced thereby.
A.
Powers and duties. The Planning Board shall have the following powers
and duties with respect to this chapter:
(1)
Approval or disapproval of site plans, special use permits and
subdivisions.
(2)
Submittal of an advisory opinion to the Zoning Board of Appeals
for use and area variances.
(3)
Submittal of an advisory opinion to the Town Board for proposed
amendments to this chapter.
(4)
Attach conditions and restrictions to an approved site plan
that are reasonable, directly related and incidental to the site plan.
(5)
All other powers granted by state law and this chapter.
B.
Procedure.
(1)
The Planning Board shall act in strict accordance with the procedures
specified by this chapter.
(2)
All applications made shall be made in writing on forms prescribed by the Town and shall conform to the requirements of Article XVI.
(3)
Every decision of the Planning Board shall contain a full record
of findings in the case.
(4)
The concurring vote of a majority of the members of the Planning
Board shall be necessary to approve site plans.
(5)
The Planning Board may provide advisory opinions in the form
of a positive recommendation or a negative recommendation and shall
provide to the Zoning Board of Appeals or Town Board a reasonable
explanation contained within the resolution in support of the Planning
Board's opinion.
(6)
The Planning Board may also withhold the submittal of an advisory
opinion in instances where the Planning Board lacks a proper motion
on which to vote.
A.
Whenever a violation of this chapter occurs, the Zoning Enforcement
Officer, Town, or any person may file a complaint in regard thereto.
(1)
All such complaints must be in writing and shall be filed with
the Zoning Enforcement Officer, who shall properly record and immediately
investigate such complaint.
(2)
If the complaint is found to be valid, the Zoning Enforcement
Officer shall issue a stop-work order requiring all work to cease
until the violation is corrected.
(3)
If the violation is not corrected within the specified time,
the Zoning Enforcement Officer shall take action to compel compliance.
(4)
If the violation is not corrected within the specified time,
the Zoning Enforcement Officer shall issue the property owner of record
an appearance ticket to appear before the Town Court to account for
said violation.
B.
Pursuant to Municipal Home Rule Law § 10 and Town Law § 268,
any person, firm or corporation who commits an offense against, disobeys,
neglects or refuses to comply with or resists the enforcement of any
provision of this chapter shall, upon conviction, be deemed guilty
of a violation. Each day an offense is continued shall be deemed a
separate violation of this chapter.
[Amended 8-11-2016 by L.L. No. 4-2016]
C.
A violation of this chapter is punishable by a fine not to exceed
$350 or imprisonment for a period not to exceed six months, or both,
for conviction of a first offense; for conviction of a second offense,
both of which were committed within a period of five years, punishable
by a separate fine of not less than $350 nor more than $700 or imprisonment
for a separate period not to exceed six months, or both; and upon
conviction for a third or subsequent offense, all of which were committed
within a period of five years, punishable by a separate fine of not
less than $700 nor more than $1,000 or imprisonment for a separate
period of not to exceed six months, or both.
D.
In addition to the penalties provided above, the Town Board may also
maintain an action or proceeding in the name of the Town in a court
of competent jurisdiction to compel compliance with or restrain by
injunction the violation of this chapter. The violator will be held
responsible for all legal fees, consulting fees and any other costs
incurred by the Town in enforcing this chapter.
A.
The Town Board may amend, supplement, or repeal regulations and provisions
of this chapter after public notice and public hearing. All proposed
changes shall be referred to the Jefferson County Planning Board for
its recommendation and for a report thereon prior to final action.
The Town Board, by resolution adopted at a stated meeting, shall fix
the time and place of a public hearing on the proposed amendment and
cause notice to be given as follows:
B.
In case of a protest against such change, signed by the owners of
20% or more of the area of land included in such proposed change,
or of an adverse recommendation by the County Planning Board, the
vote of the Town Board must have a seventy-five-percent majority in
favor to adopt the amendments.
A.
Interpretation and application of the provisions of this chapter
shall be held to be minimal requirements, adopted for the promotion
of the public health, safety or the general welfare. Whenever the
requirements of this chapter differ from the requirements of any other
lawfully adopted rules, regulations or ordinances, the more restrictive,
or that imposing the higher standards, shall govern.
B.
Should any section or provisions of this chapter be decided by the
courts to be unconstitutional or invalid, such decision shall not
affect the validity of the law as a whole or any part thereof other
than the part so decided to be unconstitutional or invalid.
