The Zoning Board of Appeals shall have all the powers and duties prescribed by Chapter
62, § 267, of the Town Law of the State of New York and by this chapter which are more particularly specified as follows:
A. Review applications for special permitted use permits.
The Zoning Board of Appeals shall have the authority to review and
approve, approve with modifications or disapprove special permitted
use permits as specified in this chapter.
[Added 12-1-1998]
B. Administrative review.
(1) The Zoning Board of Appeals shall hear and decide
appeals where it is alleged there is error in any order, requirement,
decision or determination made by an administrative officer or body
in the enforcement of this chapter.
(2) The Zoning Board of Appeals may reverse or affirm
wholly, partly, or may modify the order, requirement, decision or
determination appealed from and shall make such order, requirement,
decision or determination as in its opinion ought to be made, and
to that end shall have all the powers of the officer from whom the
appeal is taken.
(3) The Zoning Board of Appeals shall hear and decide
on interpretive matters where the provisions of this chapter, including
the determination of exact district boundaries, are not clear.
C. Variances.
(1) The Zoning Board of Appeals is empowered to authorize,
upon appeal in specific cases, such variance from the terms of this
chapter as will not be contrary to the public interest where, owing
to conditions peculiar to the property, and not the result of the
action of the applicant, a literal enforcement of the provisions herein
would result in unnecessary hardship or practical difficulties.
(2) As used herein, a variance may be authorized for height,
area, size of structure, size of yards and open spaces or establishment
or expansion of a use otherwise prohibited.
(3) A variance shall not be granted solely because of
the presence of nonconformities in the zoning district or uses in
other zoning districts.
(4) In granting any variance, the Zoning Board of Appeals
shall prescribe any conditions that it deems to be necessary or desirable.
(5) Variances granted shall be the minimum which would
accomplish the purpose of providing for reasonable use of land or
buildings.
(6) Variances granted shall be in harmony with the general
purpose and intent of this chapter and shall not be injurious to the
neighborhood or otherwise detrimental to the public welfare.
The office of the Town Clerk shall be the office
of the Zoning Board of Appeals. Every rule, regulation, amendment
or repeal thereof and every order, requirement, decision or determination
of the Board shall immediately be filed in said office as required
by § 267 of the Town Law of the State of New York. The Zoning
Board of Appeals shall keep minutes of its proceedings, showing the
vote, indicating such fact, and shall keep records of its environmental
reviews and determination, its examinations and other official action.
[Amended 8-16-2011 by L.L. No. 2-2011]
Any variance or modification of this chapter
authorized by the Zoning Board of Appeals shall be automatically revoked
unless a building permit conforming to all the conditions and requirements
established by the Zoning Board of Appeals is obtained within nine
months of the date of approval by the Zoning Board of Appeals and
construction commenced within 15 months of such date of approval.
A site plan approved by the Planning Board conforming to all of the
conditions and requirements established by the Zoning Board of Appeals
shall be obtained within 12 months of the date of the approval by
the Zoning Board of Appeals and construction commenced within 18 months
of such date of approval.
Failure to comply with any condition or restriction
prescribed by the Zoning Board of Appeals in approving any appeal
for a variance or a modification of regulations shall constitute a
violation. Such violation may constitute the basis for revocation
of a variance or modification or for imposing penalties and other
applicable remedies.
The Planning Board shall have the following
powers and duties:
A. Said members are hereby vested with the powers and
duties and made subject to the limitations set forth in Town Law,
as the same may be amended, modified or changed from time to time,
or any sections subsequently adopted pertaining to Planning Boards.
B. To review and, from time to time, propose modifications
to the Comprehensive Plan for consideration by the Town Board.
C. To review development proposals, to approve or disapprove
the laying out, closing off, abandonment or changes in lines of streets,
highways and public areas and to make recommendations to the Town
Board.
D. To make investigations and reports relating to the
planning and development of the Town, including changes in boundaries
of districts, recommended changes in the provisions of this chapter,
and to act on any matter lawfully referred to it by the Town Board.
E. To review, act on or provide advisory reports or applications
as specified by this chapter.
F. To review and approve, approve with modifications
or disapprove site plans, prepared to specifications set forth in
this chapter, showing the arrangement, layout and design of proposed
uses, buildings and/or structures shown on such plan.
[Amended 12-1-1998]
G. To review and approve, approve with modifications
or disapprove subdivisions showing lots, blocks or sites, with or
without streets or highways in accordance with the provisions of this
chapter and §§ 276, 277 and 278 of Town Law.
[Amended 12-1-1998]
The office of the Town Clerk shall be the office
of the Planning Board. Every rule, regulation, amendment or repeal
thereof and every order, requirement, decision or determination of
the Board shall immediately be filed in said office as required by
the Town Law of the State of New York. The Planning Board shall keep
minutes of its proceedings, showing the vote, indicating such fact,
and shall keep records of its environmental reviews and determinations,
its examinations and other official actions.
The duty of administering and enforcing the
provisions of this chapter is hereby conferred upon the Code Enforcement
Officer (hereinafter referred to as CEO) who shall have such powers
as are conferred upon him by this chapter. He shall be appointed by
the Town Board and shall carry out any directives from the Board relative
to the duties of the position set forth below. The CEO shall receive
such compensation as the Town Board shall determine.
[Amended 4-15-2003]
The certificates and permits enumerated herein
are hereby established for the equitable enforcement and administration
of the provisions of this chapter. A zoning permit shall be a prerequisite
for the erection or alteration of a building, structure or use thereof
or for the change in the use of any land area or existing building.
Permits issued pursuant to this section shall expire in 12 months.
The CEO may grant an extension for time of completion and include
any conditions or requirements deemed necessary or desirable. Applicants
shall justify the need for the proposed extension. Unless such an
extension is requested and approved, further work as described in
the canceled permit shall not proceed until a new permit has been
obtained. If a project is not initiated within six months of the issuance
of the permit, the permit issued shall be considered null and void.
A. Zoning permit.
(1) The Code Enforcement Officer is hereby empowered under
the procedures and requirements specified in Article 13 to issue a
zoning permit for any plans regarding the construction or alteration
or demolition of any building or part of any building, or the change
in the use of any land area or part thereof, or for the change in
use of any existing building, where he shall determine that such plans
are not in violation of the provisions of this chapter.
(2) No development activities shall commence, nor shall
any building or structure be erected, moved, added to or structurally
altered or changed in use, nor shall any land area or part thereof
be changed in use without a zoning permit therefor issued by the Code
Enforcement Officer. No zoning permit shall be issued by the Code
Enforcement Officer except in conformity with the provisions of this
chapter, unless he receives a written order from the Zoning Board
of Appeals in the form of an administrative review or variance as
provided by this chapter.
B. Special permitted use permit. Upon written direction
of the Zoning Board of Appeals, the Code Enforcement Officer is hereby
empowered to issue a special permitted use permit as provided for
by this chapter.
(1) Uses permitted by special permit shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth in Article
IX in addition to all other requirements of this chapter. All such uses are hereby declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case.
(2) A special permitted use permit shall authorize only
one particular special permitted use. The special permitted use permit
shall expire if the use shall cease for more than one year for any
reason.
(3) No person shall be issued a special permitted use
permit for a property where there is an existing violation of this
chapter.
(4) Before any special permitted use permit shall be issued,
the Zoning Board of Appeals shall make written findings certifying
compliance with the specific rules governing individual special permitted
uses and that satisfactory provision and arrangement has been made
relative to the following additional concerns:
(a)
Ingress and egress to the property and proposed
structures thereon, with particular reference to vehicular and pedestrian
safety, and convenience, traffic flow and control, and access in case
of fire or catastrophe.
(b)
Off-street parking and loading areas where required, with particular attention to the items in Subsection
B(4)(a) above, and the noise, glare or odor effects of the special permitted use on adjoining properties, and properties generally in the district, and the economic impact of the proposed special permitted use.
(c)
Refuse and service areas, with particular reference to the items in Subsection
B(4)(a) and
(b) above.
(d)
Utilities as appropriate, with reference to
locations, availability and compatibility.
(e)
Storm drainage, including potential impact on
downstream properties.
(f)
Screening and buffering, with reference to type,
dimensions and character.
(g)
Signs, if any, and proposed exterior lighting
with reference to glare, traffic safety, economic effect and compatibility
and harmony with properties in the district.
(h)
Required yards and other open space.
(i)
General compatibility with adjacent properties
and other properties in the zone district.
(5) An original and seven copies of all applications for special permitted
use permits shall be submitted to the Building Department on forms
provided by the Building Department.
[Amended 9-7-2010 by L.L. No. 1-2010]
(6) The application shall include a site plan of the special permitted
use and subject parcel drawn to scale which includes all of the data
specified herein.
[Amended 9-7-2010 by L.L. No. 1-2010]
(7) The Code Enforcement Officer, after determining that an application
is in proper form, shall transmit copies of the application and all
supporting documents to the Zoning Board of Appeals for approval in
accordance with the procedures specified below.
[Amended 9-7-2010 by L.L. No. 1-2010]
(8) The Code Enforcement Officer shall transmit a copy of the complete
application and supporting documents to the County Planning Board
for review when required under Article 12-B, § 239-m, of
the General Municipal Law.
[Amended 9-7-2010 by L.L. No. 1-2010]
(9) Prior to taking action on an application for a special
permitted use, the Zoning Board of Appeals shall conduct a public
hearing on the proposed request. Said hearing shall be conducted within
62 days following the receipt of a complete application and supporting
documents from the Code Enforcement Officer. Public notice of the
hearing shall be established by the publication of a notice in the
official newspaper of the Town in accord with the provisions of Town
Law. Said notice shall briefly describe the nature of the application
and the time and place of the hearing. In addition, the applicant
shall, at least seven days prior to the date of the hearing, give
notice in writing by certified mail to all property owners within
500 feet of the property to be affected by said application or to
all property owners of contiguous land or properties adjoining said
property.
[Amended 12-1-1998]
(10)
Within 62 days from the date of such public
hearing, the Zoning Board of Appeals shall, by resolution, either
approve, approve with conditions or disapprove the application so
heard. The sixty-two-day period available to make a determination
may be extended by mutual agreement of the applicant and the Zoning
Board of Appeals.
[Amended 12-1-1998]
(11)
If the application was transmitted to the County
Planning Board under Article 12-B, § 239-m, of the General
Municipal Law, the Zoning Board of Appeals cannot act within the first
30 days following the referral of the application to the County Planning
Board unless said Board provides a written reply to the Town within
the thirty-day period.
(12)
In approving an application, the Zoning Board
of Appeals may impose any modifications or conditions it deems necessary
to conform with the goals and objectives of the Town's Comprehensive
Plan, and its principles of land use and development and to protect
the health, safety or general welfare of the public.
(13)
If an application is approved by the Zoning
Board of Appeals, the Code Enforcement Officer shall be furnished
with a copy of the approving resolution of the Zoning Board of Appeals
and he shall issue the permit applied for in accordance with the conditions
imposed by the Board.
(14)
If any application is disapproved by the Zoning
Board of Appeals, the reasons for such denial shall be set forth in
the Board resolution and a copy of such resolution shall be transmitted
to the Code Enforcement Officer. The Code Enforcement Officer shall
deny the application accordingly by providing the applicant with a
copy of the Board's reasons for disapproval.
(15)
The Code Enforcement Officer shall inspect the
premises of a use authorized and approved with a special permitted
use permit not less than one time each calendar year. The inspection
shall determine that the use is being operated consistent with the
terms and conditions established by the Zoning Board of Appeals in
approving the permit. If the Code Enforcement Officer shall determine
that the conditions are not in compliance with the permit, the Code
Enforcement Officer shall nullify the special permitted use permit
and set forth the procedures and requirements for reestablishing the
use. The use may not be operated until a new application is submitted
and approved.
C. Temporary use permits. Upon written direction of the
Town Board, the CEO is hereby empowered to issue temporary use permits
as specified herein.
(1) All temporary use permit(s) approved by the Town Board
shall be in effect for a period of one year. Said permit(s) may be
extended by the Town Board for additional periods not to exceed 12
months, and only if the applicant demonstrates that the use shall
not continue indefinitely.
[Amended 4-15-2003]
(2) In the event that a permanent residence is destroyed
by fire or another means, a temporary use permit may be approved to
enable the placement of a temporary residence on a lot in a residential
district, provided that the owner of the property obtains a building
permit to erect a dwelling unit on said lot in accordance with Town
regulations.
[Amended 4-15-2003]
(3) All fees associated with the granting or renewal of a temporary use permit shall be established in the manner provided for in Article
XVIII of this chapter.
D. Certificates of compliance/occupancy
(1) It shall be unlawful to use or occupy or permit the
use or occupancy of any building or premises, or both, or part thereof
hereafter created, erected, changed, converted or wholly or partly
altered or enlarged in its use or structure until a certificate of
compliance or certificate of occupancy, as appropriate, has been issued
by the Code Enforcement Officer stating that the proposed use of the
building or land conforms to the requirements of this chapter.
(2) Failure to obtain either a certificate of occupancy
or compliance shall be a violation of this chapter and punishable
as provided for herein.
(3) Within seven days after the completion of the change
in use of a building or parcel of land, the applicant shall so notify
the Code Enforcement Officer stating that such action has been completed
in compliance with this chapter. The applicant shall provide the Code
Enforcement Officer with suitable evidence to document compliance.
This evidence shall be in the form of an instrument survey or comparable
documentation. Within seven days of the receipt of this notification,
the Code Enforcement Officer shall conduct a final inspection of the
premises to determine whether the new use complies with the requirements
of this chapter. If the Code Enforcement Officer determines that said
building or use complies with the provisions herein, he shall issue
a certificate of compliance. If it is determined that the provisions
specified herein are not fully complied with, the Code Enforcement
Officer shall specify the violations and the terms and conditions
for remedying these violations. A certificate of compliance shall
not be issued until such violations are corrected.
[Amended 4-15-2003]
(4) No nonconforming building or use shall be maintained,
renewed, changed or extended without a certificate of compliance having
first been issued by the Code Enforcement Officer. The certificate
of compliance shall state specifically wherein the nonconforming use
differs from the provisions of this chapter.
E. Temporary special events.
[Added 4-15-2003]
(1) Purpose and intent. The purpose and intent of this
subsection is to provide for the temporary use of land for special
events in a manner consistent with its normal use and beneficial to
the general welfare of the public. Furthermore, it is the intent of
this subsection to protect nearby property owners, residents and businesses
from special events which may be disruptive, obnoxious, unsafe or
inappropriate given site conditions, traffic patterns, land use characteristics,
and the nature of the proposed use. Finally, it is the intent of this
subsection to preserve the public health, safety and convenience.
(2) Special event defined.
(a)
The term "special event" shall mean a temporary,
short-term use of land or structures, not otherwise included as a
permitted or accessory use by these regulations, for one or more of
the following types of activities:
[1]
Type 1: fund-raising or noncommercial events
for nonprofit religious, educational, or community service organizations;
including any on-site signs and structures in conjunction with the
event.
[2]
Type 2: temporary banners attached to the wall
of a building or placed across street rights-of-way.
[3]
Type 3: promotional activities or devices intended
to attract attention to a specific place, business, organization,
event or district, such as signs, searchlights or balloons.
[4]
Type 4: commercial activities intended to sell,
lease, rent or promote specific merchandise, services or product lines,
such as a tent sale, trade show, farmers market, Christmas tree sales,
or product demonstration.
[5]
Type 5: public events intended primarily for
entertainment or amusement, such as concerts, festivals, carnivals,
circuses or parades; or large private events such as film production.
In addition, the temporary placement of a portable asphalt plant during
construction work on any public road when such placement is not adjacent
to said construction but will be placed within 1 and 1/4 miles of
said construction.
(b)
The term "special event" shall not include amusement
enterprises or garage sales at an individual residence, transient
merchants, or off-site promotional signs.
(3) Special events not requiring a permit. Special events
meeting the Type 1 definition are allowed without a special event
permit, provided all of the following performance standards are met:
(a)
The special event is conducted entirely on private
property owned or leased by the sponsoring organization as a permanent
facility.
(b)
Any structure used in conjunction with the special
event shall meet all applicable yard setbacks, shall be the subject
of a valid zoning certificate, and shall be promptly removed upon
cessation of the event.
(c)
The special event shall be restricted to hours
of operation between 6:00 a.m. and 10:00 p.m., to a maximum duration
of four days, and to a maximum frequency for similar events of two
times per calendar year.
(4) Special events subject to an administrative permit.
Special events meeting the following standards may be issued a special
event permit administratively by the Code Enforcement Officer. In
administering the provisions of this section, the Code Enforcement
Officer shall be guided by applicable Town policies as adopted by
the Town Board. Any applicant denied a special event permit shall
be notified in writing of the reasons for the denial and of the opportunity
to appeal the denial to the Town Board.
(a)
Special events meeting the Type 2 definition
may be permitted administratively by the Code Enforcement Officer,
provided that all of the following performance standards are met:
[1]
An application is made and a fee paid in accordance with Subsection
E(6).
[2]
No more than one banner will be displayed when
attached to the wall of a building.
[3]
The size and design of the banners will be appropriate,
given the size of the building to which they are attached and the
character of the surrounding neighborhood.
[4]
The banner will be displayed for a maximum duration
of 15 days per permit.
(b)
Special events meeting the Type 3 or Type 4 definition, and Type 1 events not meeting the standards of Subsection
E(3), may be permitted administratively by the Code Enforcement Officer subject to the prior review and approval of special arrangements for traffic and crowd control, as appropriate, by the Sheriff, Fire Chief of the appropriate fire district, and Town Engineer. No such administrative permit shall be issued unless all of the following performance standards are met:
[1]
An application is made and a fee paid in accordance with Subsection
E(6).
[2]
The special event will not cause undue traffic
congestion or accident potential given anticipated attendance and
the design of adjacent streets, intersections and traffic controls.
[3]
The activity shall not cause the overcrowding
of parking facilities given anticipated attendance and the possible
reduction in the number of available spaces caused by the event itself.
[4]
The special event shall not endanger the public
health, safety, or welfare given the nature of the activity, its location
on the site, and its relationship to parking and access points.
[5]
The special event shall not impair the usefulness,
enjoyment or value of adjacent property due to the generation of excessive
noise, smoke, odor, glare, litter or visual pollution.
[6]
Any structure used in conjunction with the special
event shall meet all sight distance requirements, shall be the subject
of a valid building permit, and shall be promptly removed upon the
cessation of the event.
[7]
The special event shall be conducted on private
property where the property owner has granted the appropriate permission.
[8]
The duration and hours of operation of the special
event shall be consistent with the intent of the event and the surrounding
land uses, but in no case shall the duration exceed 10 days.
(5) Special events subject to Town Board approval. Any special event not meeting the criteria of Subsection
E(3) or
(4) may be granted a special event permit by the Town Board. Such permit may be subject to such conditions and safeguards as the Town Board may deem necessary to protect the public health, safety and welfare. These conditions may include, but shall not be limited to:
(a)
Restrictions on the hours of operation, duration
of the event, size of the activity, or other operational characteristic.
(b)
The posting of a performance bond to help ensure
that the operation of the event and the subsequent restoration of
the site are conducted according to Town Board expectations.
(c)
The provision of traffic control or security
personnel to increase the public safety and convenience.
(d)
Obtaining liability and personal injury insurance
in such form and amount as the Town Board may find necessary to protect
the safety and general welfare of the community.
(6) Application and fee.
(a)
No special event permit shall be issued until
an application has been submitted to the Code Enforcement Officer
and the appropriate fee paid. The application shall be made on forms
provided by the Code Enforcement Officer, and shall be accompanied
by the following items as applicable:
[1]
A letter from the applicant describing the proposed
event, the hours of operation, the duration of the event, anticipated
attendance, and any structures, signs or attention-attracting devices
used in conjunction with the event.
[2]
A sketch plan showing the location of the proposed
activities, structures and signs in relation to existing buildings,
parking areas, streets and property lines.
[3]
A letter from the property owner or manager,
if different from the applicant, agreeing to the special event.
(b)
Each application for a special event permit
shall be accompanied by an application fee, except that such fee shall
be waived for any applicant registered with the State of New York
as a nonprofit organization. The fees shall be as established by the
Town Board by separate resolution.
(c)
The special event permit shall be posted on
the site for the duration of the event.
F. Administrative
adjustment.
[Added 9-7-2010 by L.L. No. 1-2010]
(1) Authority. The Building Inspector shall have authority to issue administrative
adjustments, but only in accordance with the provisions of this section.
(2) Purpose. For purposes of this section, carrying out the strict letter
of a provision of this chapter may cause a practical difficulty, and
an administrative adjustment is permitted to alleviate these practical
difficulties in cases where all reasonable attempts were made to comply
with the setback requirements, but, because of errors made, the structure
was located within the required setback. This procedure can only be
applied to new structures that obtained building permits in accordance
with state and Town regulations.
(3) Administrative adjustment standards. To approve an application for
an administrative adjustment, the Building Inspector shall make an
affirmative finding that the following standards are met:
(a)
The benefits to the applicant of the approval of the administrative
adjustment outweigh any detriments to the health, safety and welfare
of the neighborhood or community by such approval.
(b)
There is no means other than the requested administrative adjustment
by which the difficulty can be avoided or remedied to a degree sufficient
to permit a reasonable use of the subject lot or parcel.
(4) Procedures
(a)
Application. An application for an administrative adjustment
shall include a brief description of the requirement to be varied
and any other material necessary to ensure the criteria in this section.
(b)
Action by Building Inspector. Within 45 days, the Building Inspector
shall review the application and approve, approve with conditions
or deny the application based upon the criteria below. A written decision
including affirmative findings on the criteria set forth below shall
be mailed to the applicant.
(c)
Approval or denial. The Building Inspector shall have the authority to approve an administrative adjustment of up to one foot from any numerical standard set forth in this chapter. Any request greater than one foot shall be treated as a variance and reviewed by the Zoning Board of Appeals subject to the requirements of §
165-19.
(5) Appeals.
(a)
Appeal of a decision by the Building Inspector on an administrative adjustment shall be taken to the Zoning Board of Appeals within 60 days of the date of the Director of Zoning's decision in accordance with the procedures outlined in §
165-19.
(b)
An appeal from any final decision of the Zoning Board of Appeals
as to any matter regarding the administrative adjustment may be taken
within 30 days of the filing of such decision by any person aggrieved
or by any authorized officer, department, bureau, board or commission
of the City in accordance with Article 78 of the New York Civil Practice
Law and Rules.
[Amended 4-15-2003]
Each application for a site plan review, temporary
use or special permitted use shall be accompanied with a proposed
site plan. All site plans submitted to the Town for review and approval
shall be prepared by a licensed professional engineer, architect,
land surveyor or landscape architect as per New York State Education
Law. The materials to be submitted with each application shall clearly
show the conditions on the site at the time of the application, the
features of the site which are to be incorporated into the proposed
use or building, and the appearance and function of the proposed use
or building. The application shall include the following information
and specify both "before" and "after" conditions:
A. The location, design, dimensions, use and height of
each proposed building and yard area.
B. Property boundaries, as shown on an accurate map drawn
to scale, including the precise location of the center line of the
road, dimensions, North arrow and date.
C. A general location map showing the location of the
property in relation to adjacent parcels.
D. The location and arrangement of vehicular accessways
and the location, size and capacity of all areas to be used for off-street
parking.
E. Information to describe topography and natural grades.
F. Provisions for water supply, sewage disposal electric
and gas service, and storm drainage.
G. The location of fire hydrants.
H. The location and design of outdoor lighting facilities.
I. The location and design of construction materials
of all proposed signs.
J. The location and capacity of all areas to be used
for loading and unloading and the distance to the nearest intersection.
K. The location and dimensions of sidewalks, walkways
and other areas established for pedestrian use.
L. The design and treatment of open areas, buffer areas
and screening devices maintained, including dimensions of all areas
devoted to lawns, trees and other landscaping devices.
M. The location of fire and other emergency zones.
N. Other elements integral to the proposed development
as considered necessary by the Code Enforcement Officer, Town Engineer
or Planning Board, including a property survey, any and all requirements
to comply with the State Environmental Quality Review (SEQR) procedures,
other community impacts and the identification of any state or county
permits required for the execution of the project.