The duty of administering and enforcing the
provisions of this chapter is hereby conferred upon the Code Enforcement
Officer (CEO), who 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.
The Planning Board shall have the following
powers and duties:
A. To review and recommend revisions to the comprehensive
plan for the development of the Town as provided under § 272-a
of Town Law and/or Town Board resolution.
B. To review and comment on all proposed zoning amendments
and to make investigations, maps, reports and recommendations relating
to the planning and development of the Town as it deems desirable.
This shall include, but not be limited to, changes in boundaries of
districts, recommended changes in the provisions of this chapter,
other land use and development matters of importance to the Planning
Board, and to act on any matter lawfully referred to it by the Town
Board.
C. To review site plans as authorized by New York State Town Law and prescribed in Article
X of this chapter.
D. To review applications for special use permits as authorized by Articles
VII and
IX of this chapter.
E. To review 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.
F. To review, act on or provide advisory reports as specified
by this chapter.
G. To make referrals to other Town departments, boards
and/or officials to request advisory opinions to assist the Planning
Board in making decisions which affect the development of the Town.
H. All such powers and duties as are conferred upon town
planning boards and subject to the limitations set forth in §§ 271,
272-a, 274-a, 274-b, 276, 277, 278 and 279 of the New York State Town
Law, as the same may be amended, modified, or changed from time to
time, or any sections subsequently adopted pertaining to planning
boards.
The Board of Appeals shall have all the powers
and duties prescribed by Town Law § 267-b and by this chapter
which are more particularly specified as follows:
A. Appeals for administrative review, interpretations
and determinations.
(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 or 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.
B. Variances.
(1) The 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 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 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-a of the Town Law of the State of New York. The 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.
Any variance or modification of this chapter
authorized by the Board of Appeals shall be automatically revoked
unless a zoning permit or building permit, conforming to all the conditions
and requirements established by the Board of Appeals, is obtained
within six months of the date of approval by the Board of Appeals
and construction commenced within one year of such date of approval.
[Added 2-11-2003; amended 3-12-2008 by L.L. No. 1-2008]
A. In the event that there is a violation of any condition
or restriction of a variance prescribed by Zoning Board of Appeals
(ZBA), the Code Enforcement Officer shall notify, in writing, the
person(s) responsible for such violation, indicating the nature of
the violation, and order the action to correct it.
B. In addition to any other enforcement action that may
be taken against the property owner for zoning law violation(s), and
in the event that the ZBA may revoke a variance, pursuant to Town
Law § 267-b, for failure to comply with any condition or
restriction thereof:
(1) The ZBA shall schedule a hearing on a minimum of 20
days' notice to property owner, to determine whether the property
owner's variance should be revoked. The property owner may appear
in person and may be represented by counsel.
(2) If, after the hearing, the ZBA decides by a majority
vote to revoke the variance, such action shall be deemed final, and
the variance shall be revoked.
(3) Upon an adverse decision by the ZBA against a property owner, the property owner may pursue an Article 78 proceeding pursuant to §
350-81 of this chapter.