A. 
A Zoning Board of Appeals is hereby created. Said Board shall consist of five members appointed by the Town Board of the Town of Sweden, one of whom shall be designated by said Town Board as Chair. Members shall be appointed for terms of five years from and after the expiration of the terms of their predecessors in office. If a vacancy shall occur otherwise than by expiration of term, it shall be filled by the Town Board by appointment for the unexpired term.
B. 
Except as provided elsewhere in Town ordinances and regulations, the jurisdiction of the Zoning 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 the administrative official charged with the enforcement of these zoning regulations and the subdivision regulations.[1] Such appeal may be taken by any person aggrieved or by an officer, department, board or bureau of the Town.
[1]
Editor's Note: See Ch. A177, Land Use Development and Subdivision Regulations.
C. 
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 these zoning regulations by filing with such administrative official and the Zoning Board of Appeals a notice of appeal, specifying the grounds thereof and the relief sought, along with the appropriate filing fee as set by the Town Board. 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 was taken.
D. 
The Zoning Board of Appeals shall fix a reasonable time for the hearing of the appeal or matter referred to it and give public notice of such hearing by publication in a paper of general circulation in the Town at least five days prior to the hearing. The Zoning Board of Appeals may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration. Upon the hearing, any party may appear in person or by agent or attorney.
E. 
The Zoning Board of Appeals shall decide upon the appeal within 62 days after the conduct of said hearing. The time within which the Zoning Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Board.
F. 
The decision of the Zoning Board of Appeals on the appeal shall be filed in the office of the Town Clerk within five business days after such decision is rendered and a copy thereof mailed to the applicant. A copy of the minutes shall suffice for this purpose.
G. 
In accordance with § 267-c of the Town Law, an applicant may apply for review of the decision of the Zoning Board of Appeals by a proceeding under Article 78 of the Civil Practice Law and Rules. Such proceeding shall be instituted within 30 days after filing of the decision with the Town Clerk as provided in Subsection F above.
H. 
The Zoning Board of Appeals shall comply with the provisions of the State Environmental Quality Review Act[2] and its implementing regulations.
[2]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
I. 
Permitted action by Zoning Board of Appeals.
(1) 
Orders, requirements, decisions, interpretations, 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 administrative official charged with the enforcement of these zoning regulations and the subdivision regulations and to that end shall have all the powers of the administrative official from whose order, requirement, decision, interpretation or determination the appeal is taken.
(2) 
Use variances. See § 175-9A.
(3) 
Area variances. See § 175-9B.
A. 
Use variances.
(1) 
The Zoning Board of Appeals, on appeal from the decision or determination of the administrative official charged with the enforcement of these zoning regulations, shall have the power to grant use variances, as defined therein. 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 unnecessary hardship, the applicant shall demonstrate to the Zoning Board of Appeals that:
(a) 
Under applicable zoning regulations, the applicant is deprived of all economic use or benefit from the property in question, which deprivation must be established 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 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.
(2) 
The Zoning 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.
B. 
Area variances.
(1) 
The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of the administrative official charged with the enforcement of such ordinance or regulation, to grant an area variance, as defined herein. 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 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 district.
(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.
(2) 
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.
C. 
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 these zoning regulations and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
A. 
The Planning Board may grant special use permits as set forth in these zoning regulations.
B. 
When a proposed special use permit contains one or more features which do not comply with the zoning regulations, application may be made to the Zoning Board of Appeals for an area variance, without the necessity of a decision or determination of an administrative official charged with the enforcement of the zoning regulations. In reviewing such application, the Zoning Board of Appeals shall request the Planning Board to provide a written recommendation concerning the proposed variance.
C. 
The Planning Board may impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed special use permit. Upon its granting of said special use permit, any such conditions must be met in connection with the issuance of permits by applicable enforcement agents or officers of the Town.
D. 
The Planning Board may, when reasonable, waive any preestablished requirements for approval, approval with modifications or disapproval of special use permits submitted for approval. Any such waiver, which shall be subject to appropriate conditions, may be exercised in the event that any such requirements are found not to be requisite in the interest of the public health, safety and general welfare or inappropriate to a particular special use permit.
E. 
The Planning Board shall conduct a public hearing within 62 days from the day an application is received for a special use permit. Public notice of said hearing shall be printed in a newspaper of general circulation in the Town at least five days prior to the date thereof. The Planning Board shall decide upon the application within 62 days after the conduct of the hearing. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Board. The decision of the Planning Board on the application after the holding of the public hearing shall immediately be filed in the office of the Town Clerk within five business days after the day such decision is rendered and a copy thereof mailed to the applicant. A copy of the minutes shall suffice for this purpose.
F. 
The Planning Board shall comply with the provisions of the State Environmental Quality Review Act and its implementing regulations[1] and (if applicable) the requirements for agricultural data statements.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
A. 
No building permit shall be issued for the construction of, addition to or external alteration of a building on a parcel of land for any permitted use in any district until the site plans for such parcel of land have been approved by the Planning Board. Excepted from this requirement are one- or two-family dwellings and their customary accessory structures, farm-related structures and structures within a planned unit development whose site plans will be approved pursuant to § 175-53 of this chapter. Where a proposed structure is for a use permitted only by special use permit or conditional use permit, the applicant should apply simultaneously for such a permit. For information on application materials and other regulations for site plan approval, refer to Chapter A177, Land Use Development and Subdivision Regulations.
[Amended 8-22-2006 by L.L. No. 3-2006]
B. 
Planning Board.
(1) 
When a proposed site plan contains one or more features which do not comply with the zoning regulations, application may be made to the Zoning Board of Appeals, without the necessity of a decision or determination of an administration official charged with the enforcement of the zoning regulations. In reviewing such application, the Zoning Board of Appeals shall request the Planning Board to provide a written recommendation concerning the proposed variance.
(2) 
The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to a proposed site plan.
(3) 
The Planning Board may, when reasonable, waive any requirements for the approval, approval with modifications or disapproval of site plans submitted for approval. Any such waiver may be exercised in the event that such requirements are found not to be requisite in the interest of the public health, safety and general welfare or inappropriate to a particular site plan. Such waiver shall include conditions to assure that no undesirable change will be produced in the character of the neighborhood or no detriment to nearby properties will be created.
(4) 
If an agricultural data statement is required, the Clerk of the Planning Board shall mail notice of such application to the owners of land as identified by the applicant in the agricultural data statement. The cost of mailing said notice shall be borne by the applicant.
(5) 
The Planning Board may hold a public hearing on a proposed site plan within 62 days from the day an application is accepted for review. The Planning Board shall mail notice of said hearing to the applicant at least 10 days before said hearing and shall give public notice of said hearing in a newspaper of general circulation in the Town at least five days prior to the date thereof.
[Amended 8-22-2006 by L.L. No. 3-2006]
(6) 
The Planning Board shall make a decision on the application within 62 days after such hearing or 62 days after the application is accepted for review if no hearing has been held. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Board. The decision of the Planning Board shall immediately be filed in the office of the Town Clerk and a copy thereof mailed to the applicant. A copy of the minutes shall suffice for this purpose.
(7) 
Approval of a site plan shall expire after 36 months, unless the development is sufficiently complete for a certificate of occupancy to be issued or, if the development is in two or more phases, the first phase is sufficiently complete for a certificate of occupancy to be issued. Reapproval after such expiration shall be given without additional expense to the applicant, provided that no changes are initiated by the applicant, Monroe County or the State of New York or required due to amendments to the Town of Sweden ordinances.
(8) 
The Planning Board shall comply with the provisions of the State Environmental Quality Review Act and its implementing regulations.[1]
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
(9) 
The property owner, tenant and/or applicant shall develop, maintain, operate and use the approved site strictly in conformance with the final site plan approved by the Planning Board. Any deviation from the approved plans in the development or use of the property shall constitute a violation of the approval and shall cause the approval to become void.
[Added 8-22-2006 by L.L. No. 3-2006]
[Amended 8-22-2006 by L.L. No. 3-2006]
A. 
It shall be unlawful to use or to permit the use of any building or structure hereafter located, erected or structurally altered or any premises altered or converted wholly or partly in its use until a certificate of occupancy has been issued by the Code Enforcement Officer to the effect that the building, structure or premises so located, erected or structurally altered and the proposed use thereof conform to all the provisions and requirements of this chapter and to the New York State Uniform Code. It shall be the duty of the Code Enforcement Officer to issue or deny such a certificate of occupancy within 10 days after a written application therefor has been filed.
B. 
Exceptions to the above requirement for a certificate of occupancy are farm buildings.
C. 
Any application or request for a certificate of occupancy shall be accompanied by a tape location map and the appropriate fee, which fee, in the event of new construction, shall be paid upon application for a building permit, and, in any event, the certificate of occupancy shall be issued only upon final approval of the Code Enforcement Officer.
D. 
Certificate of occupancy with conditions.
(1) 
The Code Enforcement Officer, in his discretion, may issue a certificate of occupancy with conditions where:
(a) 
The subject dwelling or structure is in compliance with this chapter as determined by the Code Enforcement Officer.
(b) 
The subject dwelling or structure is near substantial compliance with applicable laws, ordinances and rules.
(c) 
The work required to bring the dwelling into full compliance is not essential to making the building habitable or structurally safe.
(2) 
The Code Enforcement Officer shall determine the date of expiration of a certificate of occupancy with conditions.
E. 
A certificate of compliance shall be required for all, but not limited to, the following: towers, sheds, decks, conveyances and home generators.
This chapter may be amended from time to time pursuant to the provisions of the Town Law applicable thereto.[1]
[1]
Editor's Note: See Town Law § 265.