In interpreting and applying the provisions
of this chapter they shall be held to the minimum requirements for
the promotion of the public safety, convenience, prosperity and general
welfare for the Town of Cobleskill.
A.
Enforcing officer. The provisions of this chapter
shall be administered and enforced by the Zoning Enforcement Officer
appointed by the Town Board, who shall have the power to make inspections
of buildings or premises necessary to carry out his duties in the
enforcement of this chapter. It shall be the responsibility of Zoning
Enforcement Officer to ensure that this Zoning Chapter is enforced
and that all new structures comply with the Zoning Chapter.
[Amended 2-8-1993 by L.L. No. 2-1993]
B.
Duties. It shall be the duty of the Zoning Enforcement
Officer to keep a record of all applications for permits and a record
of all permits issued with a notation of all special conditions involved.
He shall file and safely keep copies of all plans submitted and the
same shall form a part of the records of his office and shall be available
for use of the Town Board and other officials. The Zoning Enforcement
Officer shall not issue a permit for the construction or substantial
change of the outside of any building or change of use of any property
or land unless such building or use conforms to all other laws of
the Town of Cobleskill.
[Amended 1-8-1990 by L.L. No. 1-1990]
A.
Zoning permits.
(1)
Requirement. It shall be unlawful to commence the
excavation for or the construction of any building or structure, including
accessory buildings, or to commence the moving or change of use or
demolition of any building or structure, including accessory buildings,
until the Zoning Enforcement Officer has issued a permit for such
work.
(2)
Issuance. In applying to the Zoning Enforcement Officer
for a zoning permit, the applicant shall submit a dimensioned sketch
or plan to scale indicating the shape, size, height, and location
in exact relation to all property lines and to street or road lines
of all buildings or structures to be erected, changed in use or moved,
and of any building or structure already on the lot. This sketch shall
be accompanied by a written statement to the effect that the line
of the bounding street or road has been accurately located and staked
on the ground. The applicant shall also state the existing or intended
use of all such buildings and supply other information as may be required
by the Zoning Enforcement Officer to insure that the provisions of
this chapter are being observed. If the proposed excavations, or construction,
or changes of use or moving as set forth in the application is in
conformity with the provisions of this chapter, and other laws of
the Town of Cobleskill then enforced, the Zoning Enforcement Officer
shall issue a permit for such excavation, construction, change of
use or moving.
(3)
Refusal. If a zoning permit is refused, the Zoning
Enforcement Officer shall state such refusal in writing, with the
cause, and shall immediately mail notice of such refusal to the applicant
at the address indicated on the application.
(4)
Fees. Zoning permit fees and fees to be charged for
building permits of both noncommercial construction and commercial
construction shall be reviewed, adjusted and/or established by resolution
of Town Board on an annual basis at their organization meeting, or
as otherwise determined by the Town Board.
[Amended 8-9-1999 by L.L. No. 1-1999]
(5)
Effect. The issuance of a permit shall in no case
be construed as waiving any provision of this chapter.
(6)
Term. A zoning permit shall become void six months
from the date of issuance unless substantial progress has been made
since that date on the project described therein. The zoning permit
may be renewed for an additional six months upon application without
the payment of an additional fee.
(7)
Flood hazards. If a proposed building site is in a
location that has a flood hazard, any proposed new construction or
substantial improvement (including prefabricated and mobile homes)
must:
B.
Certificate of occupancy.
(1)
Requirement. No land or building or other structure
or part thereof hereafter erected or changed in use of structure shall
be used or occupied until the Zoning Enforcement Officer shall have
issued a certificate of occupancy stating that such land, building,
structure or part thereof, and the proposed occupancy or use thereof
are found to be in conformity with the provisions of this chapter.
(2)
Issuance. Within five days after notification that
a building or structure or premises or part thereof is ready for occupancy
or use, it shall be the duty of the Zoning Enforcement Officer to
make a final inspection thereof and issue a certificate of occupancy
if the land, building, structure, or part thereof is found to conform
with the provisions of this chapter.
(3)
Refusal. If the Zoning Enforcement Officer after such
final inspection refuses to issue a certificate of occupancy, he shall
state such refusal in writing, with the cause, and immediately thereupon
mail notice of such refusal to the applicant at the address indicated
on the application.
C.
Health department requirements. No building permit
or certificate of occupancy issued under the provisions of this chapter
shall become or remain valid unless the holder thereof has complied
with the applicable rules and regulations of the county and/or State
of New York.
[Added 2-8-1993 by L.L. No. 2-1993]
A.
Creation, duties and powers.
(1)
Creation. A Planning Board for the Town shall be established
in accordance with § 271 of the Town Law.
(2)
Composition. The Planning Board shall consist of five
members.
[Amended 2-10-2014 by L.L. No. 1-2014]
(3)
Appointment. The Town Board shall appoint the members
of the Planning Board and shall designate its Chairman. No person
who is a member of the Town Board shall be eligible for membership
on such Planning Board. All members of the existing Planning Board
shall be appointed for the term of five years from and after the expiration
of the term of their predecessors in office.
[Amended 10-3-2011 by L.L. No. 2-2011; 2-10-2014 by L.L. No.
1-2014]
(4)
Removal. The Town Board shall have the power to remove
any member of the Board for cause after public hearing.
(5)
Vacancies. Vacancies shall be filled by Town Board.
If vacancies shall occur otherwise than by the expiration of term,
it shall be filled by appointment for unexpired term.
(6)
Compensation. The Town Board may provide for compensation
to be paid to Board members, experts, clerks, a secretary and for
other expenses as may be necessary and proper.
(7)
Powers. The Planning Board shall have the following
powers: Conduct site development plan reviews, issue special permits,
conduct SEQR reviews, oversee Town subdivision regulations, report
on specific referrals and interpretations to the Town Board and Zoning
Enforcement Officer and such other power as conferred by Town Law.
(8)
The Planning Board shall keep minutes of their meetings
and decisions and, where applicable, the justification for its decisions.
A.
Board of Appeals — creation, powers, duties.
(1)
Creation, composition and appointment.
(a)
Creation. A Board of Appeals is hereby established
in accordance with § 267 of the Town Law.
(b)
Composition. The Board of Appeals shall consist
of five members.
[Amended 10-3-2011 by L.L. No. 2-2011]
(c)
Appointment. The Town Board shall appoint the
members of the Board of Appeals and shall designate its Chairman.
No person who is a member of the Town Board shall be eligible for
membership on such Board of Appeals. Of the members of the Board first
appointed, one shall hold office for a term of one year, one for a
term of two years, one for the term of three years, one for the term
of four years, and one for the term of five years from and after his
appointment; provided, however, that such Town Board may by resolution
increase the number of members of the Board to seven and thereafter
such additional members shall be first appointed for terms of two
and four years respectively. Their successors, including such additional
members as may be appointed by the Town Board, shall be appointed
for the term of five years from and after the expiration of the term
of their predecessors in office.
(d)
Removal. The Town Board shall have the power
to remove any member of the Board for cause after public hearing.
(e)
Vacancies. Vacancies shall be filled by Town
Board. If vacancies shall occur otherwise than by the expiration of
term, it shall be filled by appointment for the unexpired term.
(f)
Compensation. The Town Board may provide for
compensation to be paid to Board members, experts, clerks, a secretary
and for other such expenses as may be necessary and proper.
B.
General procedures.
(1)
Meetings. All meetings of the Board of Appeals shall
be held at the call of the Chairman and at such other times as such
Board may determine. All meetings of such Board shall be open to the
public.
(2)
Oaths. The Chairman, or in his absence, the acting
Chairman, may administer oath and compel the attendance of witnesses.
(3)
Minutes. The Board of Appeals shall keep minutes of
its proceedings, showing the vote of each member upon every question,
or, if absent or failing to vote, indicating such fact, and shall
also keep records of its examination and other official actions. Every
rule, regulation, every amendment or repeal thereof, and every order,
requirement, decision or determination of the Board shall immediately
be filed in the office of the Town Clerk and shall be a public record.
(4)
Powers. The Board of Appeals shall have the following
powers:
(a)
Administrative review. To hear and decide appeals
from and review any order, requirement, decision or determination
made by the Zoning Enforcement Officer or other administrative officer
in carrying out or enforcing of any provision of this chapter. The
concurring vote of a majority of the Board shall be necessary to reverse
any order, requirement, decision or determination of any order, requirement,
decision or determination of such administrative official, or to decide
in favor of the applicant any matter upon which it is required to
pass under any such law.
(b)
Special exceptions. To hear and decide applications
for special exceptions as specified in this chapter and to authorize
the issuance of special permits as specifically provided herein. A
majority vote of all members of the Board of Appeals shall be necessary
to grant a special exception.
(c)
Variance. To hear applications for variance
from the terms of this chapter as will not be contrary to public interest
where owing to unique conditions as literal enforcement of the provisions
of this chapter will result in unnecessary hardship, while adhering
the spirit of this chapter and doing substantial justice. Financial
disadvantage to the property owner is no proof of hardship within
the purpose of zoning. Hardship must be unique and must arise from
either a natural or man-made conditions of the land upon which a use
not in conformance with the literal terms of this chapter is proposed.
[1]
Specifically, no variance shall be granted by
the Board of Appeals unless it finds:
[a]
That the strict application of
the provisions of this chapter would deprive the applicant of the
reasonable use of the land or building for which such variance is
sought, that the granting of the variance is necessary for the reasonable
use of such property, and that the variance granted by the Board is
the minimum variance that will accomplish this purpose;
[b]
That there are special circumstances
or conditions applying to the land or building for which the variance
is sought, which circumstances or conditions are peculiar to such
land or building and do not apply generally to land or buildings in
the vicinity or neighborhood, and have not resulted from any act of
the applicant subsequent to the adoption of this chapter; and
[c]
That the granting of the variance
will be in harmony with the general purposes of this chapter, will
not be injurious to the neighborhood, and will not alter the essential
character of the locality. In granting a variance, the Board of Appeals
may prescribe appropriate conditions or safeguards that are necessary
or desirable to carry out the requirements of this subsection.
[2]
A majority decision of all members of the Board
of Appeals shall be necessary to grant a variance.
C.
Special procedures relative to appeal for administration
review or variance.
(1)
Who may appeal. An appeal to the Board of Appeals
for administrative review or variance may be taken by any person,
firm or corporation aggrieved, or by any governmental officer, department,
board or bureau affected by any decision of the Zoning Enforcement
Officer or Planning Board based in whole or part upon the provisions
of this chapter. Such appeal shall be taken by filing with the Board
of Appeals a notice of appeal specifying the grounds thereof. The
Zoning Enforcement Officer or Planning Board shall forthwith transmit
all papers constituting the record upon which the action appealed
from was taken to the Board of Appeals.
[Amended 2-8-1993 by L.L. No. 2-1993]
(2)
Time of appeal. Said notice of appeal shall be filed
within 60 days from the date upon which the notice of refusal of building
permit or refusal of certificate of occupancy is mailed by the Zoning
Enforcement Officer; and failure to file notice of appeal within 60
days shall constitute a waiver of the right to appeal.
(3)
Stay of proceedings. An appeal stays all proceedings
in furtherance of the action appealed from, unless the Zoning Enforcement
Officer from whom the appeal is taken certifies to the Board of Appeals
after the notice of appeal shall have been filed with him that by
reason of facts stated in the certificate a stay would, in his opinion,
cause imminent peril to life or property, in which case proceedings
shall not be stayed otherwise than by a restraining order which may
be granted by the Board of Appeals or by a court of record on application,
on notice to the Zoning Enforcement Officer and on due cause shown.
(4)
Hearing, notice, public notice, notice to property
owner and costs.
(a)
Hearing. The Board of Appeals shall fix a reasonable
time for the hearing of any application for variance or the hearing
of an appeal for administrative review.
(b)
Notice. The Board of Appeals shall give public
notice of any application for a variance or for the hearing of appeal
for administrative review by the publication in the official paper
or a notice of such hearing at least five days prior to the date thereof,
and shall, at least five days before such hearing, mail notices thereof
to the parties, and to the Regional State Park Commission having jurisdiction
over any state park or parkways within 500 feet of the property affected
by such appeal and shall decide the same within a reasonable time.
D.
Special exceptions. Public notice of application for
special exceptions. The Board of Appeals shall fix a reasonable time
for the hearing of any application for a special exception. It shall
give public notice thereof by three insertions in the official paper,
the first of which shall be published 10 days prior to the date fixed
for the hearing. Notice of such an application for a special exception
shall also be given by registered or certified mail at least 10 days
prior to the date of hearing to all persons, firms or corporations
owning property or resident within 200 feet of the location of the
property upon which the use is proposed to be established, and to
the Regional State Park Commission having jurisdiction over any state
park or parkways within 500 feet of the location of the property upon
which the use is proposed to be established. Upon the hearing, any
party may appear in person or by agent, or by attorney, and the Board
of Appeals shall decide the application for special exception within
a reasonable time. All costs of publication, notice, stenographic
services, hearing room rental and all other costs and disbursements
shall be paid by the applicant and such costs and disbursements shall
be estimated and deposited with the Town Clerk upon the filing of
application.
E.
Provisions of appeal. If the variance is granted or the issuance of a permit is finally approved, or other action by the appellant or applicant is authorized, the necessary permits shall be subject to the terms of § 140-19. Should the appellant or applicant fail to comply with these provisions, it shall be conclusively presumed that the appellant or applicant has waived, withdrawn and abandoned his appeal or his application, and such permissions, variances and permits to him granted shall be deemed automatically rescinded by the Board of Appeals.
F.
Scope.
(1)
In exercising the above-mentioned powers, such Board
of Appeals may, in conformity with the provisions of this chapter,
reverse or affirm, wholly or partly, or may modify the order, requirements,
decision or determination appealed from, and shall make such order,
requirement, decision or determination as in its opinion ought to
be made in the premises, and to that end shall have all the powers
of the officer from whom the appeal is taken. Notice of such decision
shall be given forthwith to all parties in interest.
(2)
Nothing herein shall be interpreted to restrict the
Zoning Board of Appeals' power to grant a use variance for any use
permitted by this entire Zoning Chapter as permitted by New York State
Town Law.
[Amended 10-12-1993 by L.L. No. 7-1993]
G.
Recourse.
(1)
Any person or persons jointly or severally aggrieved
by any decision of the Board of Appeals or any officer, department,
board or bureau of the Town may apply to the Supreme Court for relief
by a proceeding under Article 78 of the Civil Practice Act, except
that:
(a)
It must be instituted as therein provided within
30 days after filing a decision in the office of the Town Clerk.
(b)
The court may take evidence or appoint a referee
to take such evidence as it may direct and report the same with his
finding of fact, and conclusions of law, it shall appear that testimony
is necessary for the proper disposition of the matter.
(c)
The court at special term shall itself dispose
of the cause or the merits, determining questions which may be presented
for determination under the provision of Section 1296 of such article.
(2)
Costs shall not be allowed against the Board unless
it shall appear to the court that it acted with gross negligence or
in bad faith or with malice in making the decision appealed from.
In case any building or structure is erected,
constructed, reconstructed, changed in use, converted, or maintained;
or any building, structure or land is used in violation of this chapter,
the proper local authorities of the Town, in addition to other remedies,
may institute any appropriate actions or proceedings to prevent such
unlawful erection, construction, reconstruction, change in use, conversion,
maintenance, to restrain, correct or abate such violation, to prevent
the occupancy of said building, structure or land or to prevent any
illegal act, conduct, business or use in or about such premises.
A.
Any person, firm or corporation who violates, disobeys,
neglects, or refuses to comply with or who resists the enforcement
of any of the provisions of this chapter shall be guilty of an offense
subject to a fine of not more than $250 or imprisonment for a period
of not more than six months (180 days), or both so fined and imprisoned,
for each offense.
B.
Each week a violation is continued shall be deemed
a separate offense.
