[Amended 7-15-1999 by L.L. No. 1-1999]
This chapter shall be enforced by the Zoning
Enforcement 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 permit. For zoning purposes, no new structure
shall be built, nor an existing structure enlarged or moved, no use
of space shall be changed, unless a building permit for such action
has been issued by the Zoning Enforcement Officer. A building permit
shall expire one year from the date of issue.
B.
Use permit. A use permit shall be required from the
Zoning Board of Appeals for any of the following:
A.
Each application to the Zoning Enforcement Officer
for a permit to erect a new building or structure, to enlarge an existing
one or to move an existing one, shall be accompanied by a site plan
showing measurements of the lot and of all buildings, setbacks and
parking spaces, existing and proposed, the intended use or uses of
the land and buildings, and plans for provision of essential services.
In the case of nonresidential uses or multifamily uses, the documentation
shall be the same as required for site plan review. For new construction
without public sewers, no building permit shall be issued unless the
method of sewage disposal is approved by the Town of Chatham or County
Board of Health, whichever is applicable.
B.
Any other application for a building permit, and any
application for a use permit, shall be accompanied by a description
of the intended use or uses of the land and buildings and such further
details as the Zoning Enforcement Officer may require for a clear
understanding of the case.
The fees for building and use permits issued
under the terms of this chapter shall be such as are determined by
resolution of the Town Board from time to time. The current effective
schedule of fees will be on file at all times with the Town Clerk
from whom a copy is available upon request.
A.
Creation, appointment and organization. A Board of Appeals is hereby created in accordance with § 267 of the Town Law, Chapter 62, Article 16. Said Board shall consist of five members.[1] The Town Board shall appoint a Chairman, and the Board
of Appeals shall appoint a Secretary and shall prescribe rules for
the conduct of its affairs.
[Amended 1-19-2017 by L.L. No. 1-2017]
[1]
Editor’s Note: The reduction of the number of members
of the Zoning Board of Appeals from seven to five will take effect
upon the expiration of terms under Town Law § 267.
B.
Duties and powers. The Board of Appeals shall have
all the power and duties prescribed by law and by this chapter, which
are more particularly specified as follows:
(1)
Interpretation. To decide any question involving the
interpretation of any provision of this chapter, including determination
of the exact location of any district boundary if there is uncertainty
with respect thereto.
(2)
Special permits. To issue special permits for any
of the uses for which this chapter requires the obtaining of such
permits from the Zoning Board of Appeals.[2]
[2]
Editor's Note: Jurisdiction over and review of special use
permits was transferred from the Zoning Board of Appeals to the Planning
Board 3-18-2021 by L.L. No. 1-2021.
(3)
Variances. To vary or adapt to the strict application
of any of the requirements of this chapter in any case where strict
application would result in practical difficulty or unnecessary hardship
that would deprive the owner of the reasonable use of the land or
building involved. No such use variance shall be granted by a 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 Board of Appeals that for each and every permitted use under
the zoning regulations for the particular district where the property
is located: the applicant cannot realize a reasonable return, provided
that lack of return is substantial as demonstrated by competent financial
evidence; the alleged hardship relating to the property in question
is unique and does not apply to a substantial portion of the district
or neighborhood; the requested use variance, if granted, will not
alter the essential character of the neighborhood; and the alleged
hardship has not been self-created. 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: 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; whether the
benefit sought by the applicant can be achieved by some methods, feasible
for the applicant to pursue, other than an area variance; whether
the requested area variance is substantial; whether the proposed variance
will have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district; and 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. In granting any variance,
the Zoning Board of Appeals shall prescribe any conditions that it
deems to be necessary or desirable, including but not limited to the
duration of such a granted variance.
[Amended 7-15-1999 by L.L. No. 1-1999]
C.
Procedure.
(1)
The Zoning Board of Appeals shall act in strict accordance
with the procedure specified by law and by this chapter. All appeals
and applications made to the Zoning Board of Appeals shall be in writing
on forms prescribed by the Board, and accompanied by an application
fee. Every appeal or application shall refer to the specific provisions
of the law involved and shall exactly set forth the interpretation
that is claimed, the use for which the special permit is sought or
the details of the variance that is applied for and the grounds on
which it is claimed that the variance should be granted, as the case
may be.
(2)
At least 20 days before the date of the hearing required
by law on an application or appeal to the Board of Appeals, the Secretary
of said Board shall transmit to the Planning Board a copy of said
application or appeal, together with a copy of the notice of the aforesaid
hearing and shall request that the Planning Board submit to the Board
of Appeals its opinion on said application or appeal, and the Planning
Board shall submit a report of such advisory opinion prior to the
date of said hearing. Upon failure to submit such report, the Planning
Board shall be deemed to have approved the application or appeal.
(3)
Every decision of the Board of Appeals shall be by
resolution, each of which shall contain a full record of the findings
of the Board in the particular case.
[Amended 4-1-1993 by L.L. No. 1-1993]
A.
Reporting. Any resident of the Town may file a written
complaint with the Zoning Enforcement Officer alleging a violation
of this chapter. The Zoning Enforcement Officer shall file said complaint,
investigate the same and report thereon to the Town Board.
B.
Punishment. A violation of any of the provisions of
this chapter by an owner of land and/or a builder or contractor shall
constitute an offense punishable either:
(1)
By the imposition of a fine not exceeding $350 or
imprisonment for a period not exceeding six months, or both, for conviction
of a first offense; for a conviction of a second offense, both of
which were committed within a period of five years, by a fine of not
less than $350 nor more than $700, or imprisonment for a period not
exceeding six months, or both; and, for conviction of a third or subsequent
offense, all of which were committed within a period of five years,
by a fine of not less than $700 nor more than $1,000, or imprisonment
for a period not exceeding six months, or both; or
(2)
By the imposition of a civil penalty in the above
amounts, which said penalty may be assessed and recoverable against
the violator in a small claims proceeding instituted by the Town in
the Town Justice Court, pursuant to the provisions of Article 18 of
the Uniform Justice Court Act.
(3)
Each week's continued violation shall constitute a
separate, additional violation for which separate and additional fines
or civil penalties in the above amounts may be imposed or recovered.
