[Amended 2-13-2012 by L.L. No. 1-2012; 3-16-2015 by L.L. No. 3-2015]
A.
The Town Board does hereby establish a Zoning Board of Appeals.
(1)
The number of members of the Zoning Board of Appeals shall be five
members.
(2)
Each member's term of office shall be that specified elsewhere in
New York State Town Law and may be amended from time to time as further
specified in Town Law.
(3)
There shall also be one alternate member, to be appointed by resolution
of the Town Board for a term of five years.
(4)
The Zoning Board of Appeals Chairperson shall designate an alternate
member to substitute for a member when such member is unable to participate
because of a conflict of interest on an application or matter before
the Board, or when a member is absent from the meeting at which the
Zoning Board of Appeals votes on an application. Prior to designating
an alternate member to substitute during a member's absence, the Zoning
Board of Appeals Chairperson must make a finding on the record that:
(a)
The member was notified of the scheduled meeting of the Zoning
Board of Appeals;
(b)
The member was aware that the Zoning Board of Appeals would
be voting on the particular application; and
(c)
The alternate member was present for all relevant public hearings
held for the application or has familiarized himself with the record
of such public hearings.
(5)
Members and alternate members shall maintain a minimum number of
hours of training annually as set forth by resolution of the Town
Board.
(6)
Members and alternate members shall receive training from sources
as set forth by resolution of the Town Board.
B.
The Town Board shall, at its organizational meeting each year, appoint
a Chairperson to the Zoning Board of Appeals. The term of office shall
be one year.
C.
The Zoning Board of Appeals shall, by resolution, establish and maintain
such rules and regulations as are required by law and the provisions
for the transaction of their business. A copy of said resolution shall
be filed with the Town Clerk.
D.
Whenever the Zoning Board of Appeals, after hearing all the evidence
presented upon an application for appeals under the provisions of
this chapter, takes action to deny the application, said Board shall
refuse to hold further hearings on the same or substantially similar
application for appeal by the applicant, their successors or assigns,
for a period of one year, except and unless the Board shall find and
determine from the information supplied in the request for a rehearing
that changed conditions have occurred relating to the promotion of
public health, safety, convenience, comfort, prosperity and general
welfare and that a reconsideration is justified. Such rehearing may
be granted only upon a unanimous vote of all members of the Board
then present.
The Zoning Board of Appeals is hereby empowered with the duties
and responsibilities as set forth in Chapter 62, Article 16, of New
York State Town Law.
[Amended 3-16-2015 by L.L. No. 3-2015]
Failure to comply with any condition or restriction prescribed
by the 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
against the property owner or other offending parties.
[Amended 2-13-2012 by L.L. No. 1-2012; 3-16-2015 by L.L. No. 3-2015]
A.
The Town Board does hereby establish a Planning Board.
(1)
The Town Board has adopted this chapter under the authority of § 271
of New York Town Law and § 10(1)(ii)(a)(1) of the New York
Municipal Home Rule Law.
(2)
The number of members of the Planning Board shall be decreased from
seven to five members. The decrease in membership shall take effect
on January 1, 1999.
(3)
Members now in office shall continue to serve until expiration of
their respective original terms. All new appointees and reappointments
shall be appointed for a term of five years as provided in Town Law
§ 271(4), except as provided for in Town Law § 271(5).
(4)
Any member's term of office that commences and terminates at a time
other than the commencement and termination date of the terms of office
for the majority of members shall be subject to a restricted term
of office at the next date of appointment in order to achieve a uniform
commencement and termination date of office for all members.
(5)
There shall also be one alternate member, to be appointed by resolution
of the Town Board for a term of five years.
(6)
The Planning Board Chairperson shall designate an alternate member
to substitute for a member when such member is unable to participate
because of a conflict of interest on an application or matter before
the Board, or when a member is absent from the meeting at which the
Planning Board votes on an application. Prior to designating an alternate
member to substitute during a member's absence, the Planning Board
Chairperson must make a finding on the record that:
(a)
The member was aware of the scheduled meeting of the Planning
Board;
(b)
The member was aware that the Planning Board would be voting
on the particular application; and
(c)
The alternate member was present for, or has familiarized himself
with, all relevant public hearings held for the application.
(7)
Members and alternate members shall maintain a minimum number of
hours of training annually as set forth by resolution of the Town
Board.
(8)
Members and alternate members shall receive training from sources
as set forth by resolution of the Town Board.
B.
The Town Board shall, at its organizational meeting each year, appoint
a Chairperson to the Planning Board. The term of office shall be one
year.
C.
The Planning Board shall, by resolution, establish and maintain such
rules and regulations as are required by law and the provisions for
the transaction of their business. A copy of said resolution shall
be filed with the Town Clerk.
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 Article 16 of the Town Law,
as the same may be amended, modified, or changed from time to time,
or any sections subsequently adopted pertaining to the Planning Board.
B.
To provide to the Town Board annual reports on the adopted Town of
Canandaigua Comprehensive Plan.
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 as specified by this
chapter.
F.
All such powers as are conferred upon Town Planning Boards by the
provisions of the Town Law as now or hereafter in effect.
[Amended 3-16-2015 by L.L. No. 3-2015]
The Town's Development Office shall be the office of the Planning
Board. The Town Clerk shall maintain the records for the Planning
Board. Every rule, regulation, amendment or repeal thereof and every
order, requirement, decision or determination of the Board shall be
filed with the Town Clerk 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 determination, its examinations and
other official action.
[Added 3-16-2015 by L.L.
No. 3-2015]
Failure to comply with any condition or restriction imposed
by the Planning Board in granting any site plan approval, special
use permit, or subdivision approval shall constitute a violation.
Such violation may constitute the basis for revocation of the approval
or permit, or for imposing penalties and other applicable remedies
against the property owner or other offending parties.
