The title of this chapter is the "Town of Barre
Zoning Ordinance, Orleans County, New York," and shall include this
text and Zoning Map.[1]
[1]
Editor's Note: The Zoning Map can be viewed
on the Town's Web site: http://townofbarreny.com/; however, the official
copy of the Zoning Map is on file in the office of the Town Clerk.
This chapter is adopted, pursuant to the Town
Law of the State of New York, to promote and protect the public health,
safety and general welfare and in furtherance of the following related
and more specific purposes:
A.
To protect the open, rural and natural character of
the land.
B.
To preserve the Town's natural resources and habitats.
C.
To guide and regulate the orderly growth, development
and redevelopment of the Town of Barre in accordance with a well-considered
plan and with long-term objectives, principles and standards deemed
beneficial to the interest and welfare of the people.
Whenever the requirements of this chapter are
in conflict with the requirements of any other lawfully adopted rules,
regulations, codes, ordinances or local laws, the most restrictive
of such rules, regulations, codes, or ordinances or those imposing
the higher standards shall govern.
The provisions and regulations of this chapter
and interpretations thereof shall be made in accordance with the objectives
of the Town's Comprehensive Plan.
A.
Procedure. The Town Board may from time to time on
its own motion, on petition or on recommendation of the Planning Board,
and in accordance with the laws of the State of New York, amend, supplement
or repeal the regulations, provisions or district boundaries of this
chapter.
B.
Filing of petition. A petition to amend, change or
supplement the text of this chapter or any zoning district as designated
on the Zoning Map established herein[1] shall be filed with the Town Clerk and accompanied by
the appropriate fees. The Clerk shall transmit the documentation to
the Town Board. A petition for a change to the Zoning Map shall contain
a map which clearly describes the affected property and its boundaries
and shall indicate the existing zoning district and the requested
zoning change. In addition, every petition for a change to the Official
Zoning Map shall contain an environmental assessment form completed
and signed by the petitioner, or agent, in accordance with the procedures
set forth in state environmental quality review (SEQR) regulations.
[1]
Editor's Note: The Zoning Map can be viewed
on the Town's Web site: http://townofbarreny.com/; however, the official
copy of the Zoning Map is on file in the office of the Town Clerk.
C.
Referral to Planning Board. Each proposed amendment,
except those initiated by the Planning Board, shall be referred to
the Planning Board for an advisory report. In reporting, the Planning
Board shall fully state its reasons for recommending or opposing the
adoption of such proposed amendment. The Planning Board may condition
its approval, as may be appropriate, and shall state whether such
amendment is in harmony with the Town's plan for land use. The Planning
Board shall state its position relative to proposed zoning amendments,
in writing, within 45 days of the receipt of all pertinent data from
the Town Board. Absence of a reply from the Planning Board within
the forty-five-day period shall indicate that the Board is in favor
of the amendment.
D.
Public hearing; notice; referrals; recording of actions.
Unless otherwise provided, the provisions of the Town Law of the State
of New York pertaining to public hearings, official notices, referrals
to the County Planning Board, and proper recording of zoning actions
taken by the Town Board shall apply to all amendments to this chapter.
E.
Disposition final; rehearing on petition. The disposition
of a petition for amendment by the Town Board shall be final and disapproval
or denial of the proposed amendment shall void the petition. No new
petition for an amendment which has been previously denied by the
Town Board shall be considered by it, except for a vote to table or
to receive and file, and no public hearing shall be held on such amendment
within a period of one year from the date of such previous denial
unless the Planning Board shall submit a recommendation, with reasons
stated therefor, certifying that there have been substantial changes
in the situation which would merit a rehearing by the Town Board.
Such rehearing may be granted only upon a favorable vote of a majority
of the Town Board plus one.
The text of the Barre Zoning Ordinance and the
Zoning Map of the Town of Barre, Orleans County, New York, enacted
by the Town Board of the Town of Barre, and as the same from time
to time have been amended, are hereby repealed and amended in their
entirety as set forth below, superseding all previous enactments and
amendments, and from their taking effect, all such previous enactments
and amendments thereto shall be repealed.
A.
If the Code Enforcement Officer discovers a project
commencing without the required permits, he shall undertake enforcement
actions as authorized by this chapter and other provisions of New
York State law.
B.
The Town may maintain an action for a temporary restraining
order, temporary injunction, or injunction to restrain, correct, or
abate any violation of this chapter or any failure to comply with
any of the provisions of this chapter.
A violation of 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, for conviction of
a first offense; for conviction of a second offense, both of which
were committed within a period of five years, punishable by a fine
not less than $350 nor more than $700 or imprisonment for a period
not to exceed six months, or both; and, upon conviction for a third
or subsequent offense, all of which were committed within a period
of five years, punishable by a fine not less than $700 nor more than
$1,000 or imprisonment for a period not to exceed six months, or both.
However, for the purpose of conferring jurisdiction upon courts and
judicial officers generally, violations of this chapter shall be deemed
misdemeanors and for such purpose only all provisions of law relating
to misdemeanors shall apply to such violations. Each week's continued
violation shall constitute a separate additional violation.
A.
Each application for a permit provided for by this
chapter shall be accompanied by a fee, payable in cash or other form
of security approved by the Town Attorney, according to the fee structure
in effect at the time of application. Fees shall be established or
amended as deemed necessary from time to time by resolution of the
Town Board.[1]
B.
A fee schedule shall be posted at the Town Clerk's
office.
