A.
No action shall be taken by the Planning Board to
issue a special use permit or site plan approval nor the Zoning Board
of Appeals to grant use and area variances until after public notice
and hearing. Proper notice of a hearing before a board shall be given
by legal notice published in the official newspaper of the Town of
Ontario at least five days before the date set for a public hearing
and written notice mailed to the applicant or his agent at least 10
days before the hearing at the address given in the application to
be considered. The applicant shall be responsible for notifying by
certified mail all property owners of record within 1,500 feet of
the outside perimeter or boundary line of property involved in the
preliminary application of the time, date and place of such public
hearing by mail at least 10 days prior to such hearing. Notice shall
be deemed to have been given if mailed to the property owner at the
tax billing address listed on the property records of the Town Assessor
or at the property address. At least seven days prior to such hearing
the applicant shall file with the board his/her affidavit of mailing
such notices. Failure to receive such notice shall not be deemed a
jurisdictional defect.
B.
The Code Enforcement Officer will post a sign on the property in
question to give public notice of the hearing. Such sign will be posted
at least seven days prior to the hearing in a conspicuous location.
[Amended 11-23-2015 by L.L. No. 5-2015]
A.
Use variances. Application for any use variance from the provisions of Chapter 150, Zoning, shall be made to the Town of Ontario Zoning Board of Appeals. A use variance may be granted, after public hearing, upon the grounds set forth in § 267-b of the Town Law or upon the establishment of public necessity in that the use variance is required to render safe and adequate service and that there are compelling reasons which make the site more feasible for the proposed use than alternative sites as might be provided or available.
B.
Area variances.
(1)
Application for any area variance where the requirements of the provisions of Chapter 150, Zoning, cannot be met shall be made to the Town of Ontario Zoning Board of Appeals, and an application for any other area variance where the requirements of any other provision of this chapter cannot be met shall be made to the Ontario Zoning Board of Appeals. An area variance may be granted, after public hearing, upon the Zoning Board of Appeals taking into consideration the benefits to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community. The Zoning Board of Appeals shall 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 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 its consideration
of area variances, shall grant only 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.
Imposition of conditions. The Zoning Board of Appeals,
in its consideration of both use variances and area variances, shall
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
the zoning regulation or local law and shall be imposed for the purpose
of minimizing any adverse impact such variance may have on the neighborhood
or community.
A.
Any violation of this chapter or any order, requirement, decision
or determination issued by the Code Enforcement Officer or his/her
agent or designee, pursuant to 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, upon conviction for
a first offense; upon conviction for a second offense, both of which
offenses were committed within a period of five years, punishable
by a fine of not less than $350 nor more than $700 or imprisonment
for a period not to exceed six months, or both; upon conviction for
a third offense committed within a period of five years, punishable
by a fine of not less than $700 nor more than $1,000. However, for
the purpose of conferring jurisdiction upon courts and judicial officers
generally, violations of this chapter or any order, requirement, decision
or determination issued by the Code Enforcement Officer or his/her
agent or designee pursuant to this chapter shall be deemed misdemeanors,
and for such purpose only all provisions of law relating to misdemeanors
shall apply to such violations. Each day (twenty-four-hour period)
of violation shall constitute a separate violation of this chapter.
[Amended 11-23-2015 by L.L. No. 5-2015]
B.
In addition to the penalties provided above, the Town
Board may also maintain an action or proceeding to prevent, correct
or restrain any violation of this chapter.
Fees for applications, permits and consultants
under this chapter shall be established by resolution of the Ontario
Town Board.
Each user of a facility shall pay an annual
registration fee on January 2 of each year, the sum as indicated in
the fee schedule of the Town of Ontario.
A.
Pursuant to the provisions of the New York State Municipal Home Rule Law, this chapter supersedes the following sections of Town of Ontario Chapter 150, Local Law No. 1 of 1996, to the extent such sections are inconsistent herewith:
B.
The Town of Ontario has elected to adopt this chapter
pursuant to the provisions of Article 3 of the Municipal Home Rule
Law, and to follow the procedure set forth in § 20 thereof,
and to the extent that such adoptions and procedures are inconsistent
with the provisions of Town Law § 265, then to the extent
of any inconsistency, the provisions of those sections of the Town
Law are superseded.
