Town of Clarkson, NY Article VI Administration; Penalties; Amendments [1]

[1] Editor's Note: Former Article VIII, Soils District, which consisted of § 19-36, Flood-Prone and West Soils District, which article immediately preceded this article, was deleted 8-11-1987 by L.L. No. 2-1987.

§ 140-37 Administrative officer.

[Amended 8-11-1987 by L.L. No. 2-1987]

A. The Zoning Officer of the Town of Clarkson, as appointed by the Town Board, shall be charged with the principal executive and administrative duties of this chapter. He shall be empowered to issue the permits as heretofore set forth and shall be generally charged and responsible for inspection, investigation and reporting of violations. It shall be his duty to:

(1) Issue zoning permits, certificates of occupancy and certificates of legal preexisting nonconformance, in the form prescribed by the Town Board, to all applicants who shall fully comply with the provisions of this chapter, and to keep duplicate records thereof.

(2) Keep proper records and copies of all applications and plans for such permits and the reasons for his refusal to issue any permits in cases of noncompliance with such provisions.

(3) Provide the Board of Appeals, in writing, with all facts pertaining to his refusal to issue such permits whenever such information shall be requested by said Board.

(4) Submit a report to the Town Board for each calendar month, setting forth all applications received, inspections made and the action taken on each.

B. If the Zoning Officer shall find that any provision of this chapter is being violated, he shall notify, in writing, the party responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or of illegal additions, alterations or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.

§ 140-38 Permits and certificates.

[Amended 6-13-1989 by L.L. No. 4-1989]

A. Upon written request or proper application for a certificate or permit by the property owner or his duly authorized agent, the Zoning Officer shall, when necessary, inspect any building, other structure or tract of land and shall issue the proper certificate or permit where such use or structure conforms to all the provisions of this chapter or the regulations as existing at the time the use was established or that a variance in use has been granted therefor. However, no certificate or permit shall be issued if there are any pending violations of law or orders of the Zoning Officer, the Board of Appeals or the Town Board, and, in the case of nonconforming properties, the provisions of § 140-17 shall govern.

B. Zoning permits.

(1) No structure shall be erected, altered, placed, moved or demolished until a permit has been issued therefor by the Zoning Officer, and such permit is prominently displayed upon the premises. This requirement applies equally to the construction or installation of underground structures, including sewage disposal systems.

(2) Such permit shall expire 90 days after the issuance thereof unless construction shall have been commenced within said period, and it shall expire 18 months after the date of issue in any event.

C. Certificate of occupancy.

[Amended 9-9-2003 by L.L. No. 2-2003]

(1) Requirement. No building or other structure or part thereof hereafter erected or altered in its use or structure shall be used or occupied until the Building Inspector shall have issued a certificate of occupancy stating that such building, structure or part thereof and the proposed occupancy or use thereof are found to be in conformity with the provisions of all applicable state and local laws and conditions of approval of any approvals authorized by this chapter.

(2) Issuance. Within five days after notification that a building or structure or premises is ready for occupancy or use, it shall be the duty of the Building Inspector 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 all applicable state and local laws.

(3) Refusal. If the Building Inspector, after such final inspection, refuses to issue a certificate of occupancy, the Building Inspector shall state such refusal, in writing, with the cause and immediately thereupon mail notice of such refusal to the applicant to the address indicated on the application.

(4) Upon transfer of title to a new owner or execution and recording of a mortgage upon said building, or said building becoming vacant, no two-family dwelling, no mixed occupancy containing two or more families, no multiple dwelling, no commercial and no industrial building shall be occupied in whole or in part until the issuance of a certificate of occupancy by the Building Inspector that said dwelling conforms in all respects to the requirements of this chapter. The Building Inspector may, on the request of the owner or certified agent, issue a temporary certificate of occupancy in his discretion.

D. Certificates of legal preexisting nonconformance.

(1) Upon written request from the owner of the premises, a certificate of legal preexisting nonconformance for any structure or premises lawfully existing or used at the time this chapter takes effect shall be issued by the Zoning Officer certifying that the continuance of such use is permissible under the provisions of § 140-17 of this chapter.

(2) The certificate shall specifically state wherein the nonconforming use or structure differs from the provisions of this chapter. Failure to make such request within 12 months of the effective date of this chapter shall be presumptive evidence that the property was in conforming use at the time of enactment or amendment of this chapter and therefore is not qualified to take advantage of the special rules for nonconforming uses.

E. Temporary permits.

(1) The Planning Board, in its discretion, may grant temporary nonconforming permits for a period not exceeding six months for use or occupancy for a nonconforming use designated in such permit within any district. Such temporary permits shall be limited as to time and may be extended for not more than one six-month period. Upon the expiration of such temporary permit and any extension thereof, the nonconforming use permitted thereby shall thereupon cease.

(2) A temporary certificate of occupancy may be issued by the Zoning Officer for a period not exceeding six months during alterations or partial occupancy of the building pending its completion, provided that such temporary certificate shall include such conditions and safeguards as will protect the safety of the occupants and the public.

F. Special permits.

(1) No special permit will be granted by any official board unless such board shall find after a public hearing that such special permit or modification will:

[Amended 4-12-1988 by L.L. No. 1-1988]

(a) Be in harmony with the general purpose and intent of this chapter, taking into account the location and size of use, the nature and intensity of the operations involved in or conducted in connection with it and the size of the site in respect to streets giving access thereto.

(b) Not tend to depreciate the value of adjacent property, taking into account the possibility of screening or other protective measures.

(c) Not create a hazard to health, safety or general welfare.

(d) Not be detrimental to the flow of traffic in the vicinity, or, in the case of major roads operating above 90% of their peak-hour capacity, does not generate a greater amount of traffic than a normally permitted use.

(e) Not alter the essential character of the neighborhood nor be detrimental to the residents thereof.

(2) Any use for which a special permit has been granted shall, in its operations and maintenance, conform strictly to the description of the use as submitted in the application to the appropriate board, subject to any conditions or limitations that such board may have attached in granting the special permit. A special permit shall be deemed to authorize only one particular special use and shall expire if the special use shall cease for more than six months for any reason.

(3) Public hearing procedure. Upon application to the official board empowered to hear and decide on the application, the board shall fix a time within 45 days from the date of said application for a public hearing on the matter. The board shall cause a public notice of this public hearing to be published in the official newspaper of the Town at least five days prior to the date of said hearing and shall decide the matter within 45 days of the date of such hearing, provided, however, that the time for the board to reach its decision may be extended by mutual consent of the applicant and the official board. The decision of the board shall be filed in the office of the Town Clerk and a copy thereof mailed to the applicant at the address shown on the application.

[Added 4-12-1988 by L.L. No. 1-1988]

§ 140-39 Applications for permits.

[Amended 8-11-1987 by L.L. No. 2-1987]

A. Applications for zoning permits, special permits and temporary nonconforming use permits shall be made, in duplicate, by the owner or his agent and filed with the Town Clerk. Such applications shall include a site plan, a detailed statement of the proposed use of the property and such maps, plans and specifications or other information as may be required by the Zoning Officer or appropriate board. The site plan shall be drawn to scale and shall show the location, dimensions and area of the site; the locations and heights of existing and proposed buildings and lots; facilities for vehicular and pedestrian access and circulation; the layout of off-street parking space and loading space; types of pavement to be used; stormwater drainage provisions; exterior lighting; and landscaping of the site, including appropriate screening measures for the protection of adjacent properties. Applications for special permits shall also indicate the section of this chapter under which the special permit is sought and the grounds for the request, along with all supporting evidence with respect to the criterion established herein.

B. One copy of the plans shall be returned to the applicant by the Zoning Officer after he shall have marked such copy either as approved or disapproved and attested to the same by his signature on such copy. The original, similarly marked, shall be retained by the Zoning Officer.

C. Application for a certificate of occupancy is made upon completion of a structure being erected or altered under a legally issued zoning permit through a written request for inspection made to the Zoning Officer.

D. Application for a temporary certificate of occupancy is made by submitting to the Zoning Officer a written request for inspection of the relevant portion of the premises, including a presentation of why the certificate should be granted.

§ 140-40 Fees.

[Amended 8-11-1987 by L.L. No. 2-1987]

The Town Board shall establish a schedule of fees, charges and expenses and a collection procedure for zoning permits, certificates of occupancy, appeals and other matters covered by this chapter. The schedule of fees shall be posted in the office of the Town Clerk and may be altered or amended only by the Town Board. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.

§ 140-41 Planning Board.

A. The Planning Board of the Town of Clarkson is established pursuant to the provisions of Local Law No. 1-2002.[1]

[Amended 1-8-2002 by L.L. No. 1-2002]

[1] Editor's Note: For the provisions of L.L. No. 1-2002 see Ch. 27, Planning Board, Art. II.

B. The Planning Board shall have power to pursue all those duties established for it by the Town Law and this chapter. It shall establish such rules and regulations as are necessary for the transaction of its business and may amend, modify and repeal the same.

C. Whenever the Planning Board, after hearing all the evidence presented upon an application for appeals under the provisions of this chapter, denies or rejects the same, the Board shall refuse to hold further hearings on the same or substantially similar application for appeal by the same applicant or his successors or assigns for a period of one year, except and unless the Board shall find and determine, from the information supplied by the request for a rehearing, that changed conditions have occurred relating to the promotion of public health, safety, convenience, comfort, prosperity and general welfare and that a reconsideration is justified.

D. Site plans and special permits. The Planning Board shall hear and decide all applications for site plans and special permits in all such cases upon which the Planning Board is specifically authorized to pass or to make any other determination required herein, pursuant to § 274-a of the Town Law. All uses listed as subject to a site plan review or special permit authorized by the Planning Board are declared to possess characteristics of such unique and special form that each use shall be considered as an individual case.

[Added 10-11-1988 by L.L. No. 4-1988]

E. Public hearing. The Planning Board shall fix a reasonable time for a hearing for a special permit and shall give notice thereof pursuant to § 274-a of the Town Law.

[Added 10-11-1988 by L.L. No. 4-1988]

F. Review by County Planning Agency. Applications for site plans and special permits which are subject to review by the County Planning Agency pursuant to § 239-m of the General Municipal Law shall be referred by the Planning Board to the Monroe County Department of Planning for its recommendations.

[Added 10-11-1988 by L.L. No. 4-1988]

§ 140-42 (Reserved) [1]

[1] Editor's Note: Former § 140-42, Review of average-density development plans, was repealed 11-25-2003 by L.L. No. 7-2003. See now Ch. 116, Subdivision and Development of Land.

§ 140-43 (Reserved) [1]

[1] Editor's Note: Former § 140-43, Site plan review, was repealed 11-25-2003 by L.L. No. 7-2003. See now Ch. 116, Subdivision and Development of Land.

§ 140-44 Board of Appeals.

[Amended 8-11-1987 by L.L. No. 2-1987; 6-9-1992 by L.L. No. 4-1992]

A. Establishment. Pursuant to the provisions of § 267 of the Town Law, a Zoning Board of Appeals is created. Said Board shall consist of five members who shall be appointed by the Town Board pursuant to the provisions of Local Law No. 2-2002.[1] Said Board shall have all the powers and perform all the duties prescribed by statute and by this chapter.

[Amended 1-8-2002 by L.L. No. 2-2002]

[1] Editor's Note: For the provisions of this local law see Ch. 39, Zoning Board of Appeals.

B. Definitions. As used in this section, the following terms shall have the meanings indicated:

AREA VARIANCE

The authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or topographical requirements of the applicable zoning regulations.

USE VARIANCE

The authorization by the Zoning Board of Appeals for the use of land in a manner or for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.

C. Chairperson. The Chairperson of the Zoning Board of Appeals shall be appointed by the Town Board. 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. The Chairperson or, in his or her absence, the Acting Chairperson may administer oaths and compel the attendance of witnesses.

D. Board of Appeals procedure. Except as modified herein, the procedure of the Zoning Board of Appeals shall be as set forth in § 267-a of the Town Law.

E. Permitted action by the Board of Appeals. The Zoning Board shall have the authority to act pursuant to § 267-b of the Town Law. In addition, the Board of Appeals shall have the authority to hear and decide on special permits as set forth herein.

F. Special permits. The Board of Appeals shall hear and decide all applications for special permits in all such cases upon which the Board of Appeals is specifically authorized to pass or to make any other determination required herein. All uses listed as subject to a special permit authorized by the Zoning Board of Appeals are declared to possess characteristics of such unique and special form that each use shall be considered as an individual case. In deciding special permit applications, the Zoning Board of Appeals shall be guided by the standards for a special permit set forth in this chapter and not by the standards for a use or area variance.

G. Lapse of authorization. Any variance or special permit authorized by the Board of Appeals and involving work for which a zoning permit is required shall terminate unless a construction permit conforming to all the conditions and requirements established by the Zoning Board of Appeals is obtained within one year of the date of approval by the Board of Appeals, or within such longer period as the Board of Appeals may grant, and construction is completed in due course.

H. Violation of 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 application for a special permit shall constitute a violation. Such violation may constitute the basis for revocation of a variance or special permit or for imposing penalties or other applicable remedies.

I. Rehearings. Whenever the Board of Appeals, after hearing all the evidence presented upon an application for appeal under the provisions of this chapter, denies or rejects the same, the Board shall refuse to hold further hearings on the same or substantially similar application for appeal by the same applicant or his successors or assigns for a period of one year, except and unless the Board shall find and determine from the information supplied by the request for a rehearing that changed conditions have occurred relating to the promotion of public health, safety, convenience, comfort, prosperity and general welfare and that a reconsideration is justified. If a reconsideration is allowed, it shall be treated as a new application for the purpose of procedures and hearings.

§ 140-45 Right of appeal.

[Amended 8-11-1987 by L.L. No. 2-1987]

Except as the same may be inconsistent with or prohibited by the provisions of law applicable to the New York State Uniform Fire Prevention and Building Code and its Commission, all rights and powers, including but not limited to the right of appeal and the right of review by certiorari as set forth by the laws of the State of New York applicable thereto, are conferred and granted to any person or persons, officer, department, board or bureau of the Town, of the Town Board, Board of Appeals, Town Clerk or any of the officers, employees or subdivision of the said Boards. In the event of any appeal or special application, the appellant or applicant shall pay all costs and expenses for publication, posting and notification incurred on such appeal or application.

§ 140-46 Enforcement; penalties for offenses.

A. It shall be the duty of the Town Board or such officials authorized by it to enforce the provisions of this chapter or of any determination of the Board of Appeals, Zoning Officer or Planning Board.

[Amended 8-11-1987 by L.L. No. 2-1987]

B. A violation of this chapter is hereby declared to be an offense, punishable by a fine not exceeding $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 fine not less than $350 nor more than $700 or imprisonment for a 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 fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.

[Amended 8-11-1987 by L.L. No. 2-1987]

C. A person shall be subject to the penalties imposed by this section in any case where an order to remove any violation of any of the provisions of this chapter has been caused to be served by the Town Board upon the owner, general agent, lessee or tenant of the building, other structure or tract of land or any part thereof or upon the architect, builder, contractor or anyone who commits or assists in any such violation and where such person shall fail to comply with such order within 10 days after the service thereof. Each day's continued violation shall constitute a separate additional violation and shall be punishable hereunder.

D. In addition to the foregoing remedies, the Town may institute any appropriate action or proceeding permitted by law to prevent, correct or restrain any violation of this chapter.

§ 140-47 Amendments.

A. The Town Board may, from time to time, on its own motion, or on petition or on recommendation of the Planning Board, and in accordance with the laws of the State of New York, amend, supplement or repeal the regulations, provisions or boundaries of this chapter.

B. Filing of petition. A petition to amend, change or supplement the text of this chapter or any zoning district as designated on the Zoning Map established herein shall be filed with the Town Clerk and shall be transmitted by him to the Town Board.

C. Referral to Planning Board. Each proposed amendment, except those initiated by the Planning Board, shall be referred to the Planning Board for an advisory report. In reporting, the Planning Board shall fully state its reasons for recommending or opposing the adoption of such proposed amendment and, if it shall recommend adoption, shall describe any changes in conditions which it believes make the amendment desirable and shall state whether such amendment is in harmony with a Comprehensive Plan for land use in the Town. No action shall be taken by the Town Board until the Planning Board completes its report or until 30 days after the referral to the Planning Board, whichever occurs first.

D. Public hearings, official notice. The Town Board shall fix a reasonable time for a public hearing on the proposed amendment and shall give notice thereof in accordance with § 264 of the Town Law.

[Amended 8-11-1987 by L.L. No. 2-1987]

E. Rehearing on petition. The disposition of a petition for amendment by the Town Board shall be final, and disapproval or denial of the proposed amendment shall void the petition. No new petition for an amendment which has been previously denied by the Town Board shall be considered by it, except for a vote to table or to receive and file, and no public hearing shall be held on such amendment, within a period of one year from the date of such previous denial, unless the Town Planning Board shall submit a recommendation, with reasons stated therefor, certifying that there have been substantial changes in the situation which would merit a rehearing by the Town Board.

F. Nonconforming use resulting from amendment. If any area is transferred to an area of more restricted use, any nonconforming use existing therein may be continued pursuant to the provisions of this chapter.