A.
Zoning Officer. The duty of administering and enforcing this chapter
is hereby conferred upon the Zoning Officer, who shall have such powers
as are conferred upon him by this chapter and as may reasonably be
implied. He shall be appointed by the Village Board and shall receive
such compensation as said Board shall determine.
B.
Duties of Zoning Officer. For the purpose of this chapter, the Zoning
Officer shall have the following duties:
(1)
To issue zoning permits in compliance with the provisions of this
chapter.
(2)
Upon finding that any provision of this chapter is being violated,
to notify in writing the person responsible for such violation and
the action necessary to correct said violation.
(3)
To order discontinuance of illegal uses of land, buildings or structures.
(4)
To order removal of illegal buildings or structures or illegal additions
or structural alterations.
(5)
To order discontinuance of any illegal work being done.
(6)
To take any other action authorized by this chapter to assure compliance
with or prevent violations of this chapter.
(7)
To issue appearance tickets to violators and file an information
with the Village Justice in the event of a violation.
(8)
To submit a written monthly report to the Board of Trustees describing
and enumerating actions taken and permits issued under this chapter.
A.
Zoning permits.
(1)
No building or structure shall be erected, moved, added to or enlarged,
nor shall any use of buildings or land be established or changed,
without a zoning permit therefor issued by the Zoning Officer in compliance
with this chapter.
(2)
Expiration of permits.
(a)
If the work for which a zoning permit is issued has not begun
within six months from the date of issuance, said permit shall expire.
(b)
If the work for which a zoning permit has been issued has not
been substantially completed within two years of the date of the permit,
said permit shall expire.
B.
Certificate of zoning compliance. A certificate of zoning compliance
is required for any of the following:
A.
Applications for zoning permits and certificates of zoning compliance
shall be submitted to the Zoning Officer on forms provided by him.
Such permits and certificates shall be issued only in conformance
with all the provisions of this chapter.
B.
Each application shall set forth the purpose for which the building
is intended and shall be accompanied by a plot plan, scale drawings
and/or sketches and descriptions of the lot, building dimensions or
required yards and such other information as may lawfully be required
by the Zoning Officer, including the number of families, number of
dwelling units and conditions existing on the lot.
C.
The Zoning Officer shall make or cause to have made an inspection
of each building or lot for which a certificate of zoning compliance
has been applied for before issuing such certificate.
D.
The original copy of such plans and/or illustrative and explanatory
material shall be filed at the Village Hall.
A.
The following schedule of fees shall be effective with the enactment
of this chapter:
[Amended 9-3-1991; 12-2-1991]
|
Type of Application
|
Fee
| ||
|---|---|---|---|
|
Zoning permits
| |||
|
Fences, walls and hedges; signs; and small residential structures
|
$2 (including certificate of compliance)
| ||
|
All other uses
|
$5
| ||
|
Certificate of compliance
|
$5
| ||
|
Appeal for variance
|
$25
| ||
|
Special permit
|
$25
| ||
|
Application for zoning change
|
$50
| ||
B.
Fees shall be paid at the office of the Village Clerk upon the filing
of an application.
C.
The schedule of fees shall be posted in the Municipal Building and
may be altered or amended by the Board of Trustees.
D.
Fees are not refundable.
E.
No action will be taken on any application or appeal until applicable
fees have been paid.
A.
Membership; term of office; vacancies; removal.
(1)
The Board of Trustees shall provide for the appointment of a Board
of Appeals consisting of three or five members, one of whom shall
be appointed Chairman by the Board of Trustees for a period of three
years. The first appointments of members thereto shall be for terms
so fixed that at least one will expire at the end of each official
year commencing at the end of the current such year and continuing
in the succeeding year until the entire original appointments run
out. At the expiration of each original appointment, the succeeding
members shall be appointed for three-year terms in the case of a three-member
Board and five-year terms in the case of a five-member Board. No such
term shall exceed five years.
(2)
Vacancies shall be filled for the unexpired term of the member whose
place has become vacant.
(3)
No person who is a member of the Village Board of Trustees shall
be eligible for membership on such Board of Appeals.
(4)
The Board of Trustees shall have the power to remove any member of
the Board for cause and after public hearing.
B.
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.
Such Chairman or, in his absence, the Deputy Chairman, who shall also
be appointed by the Board of Trustees, may administer oaths and compel
the attendance of witnesses. All meetings of such Board shall be open
to the public.
C.
Minutes. Such Board 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
examinations 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 Board and with the Village Clerk and shall be a public record.
D.
Powers and duties. The Board of Appeals shall have all the powers
and duties as prescribed by the Village Law of the State of New York
and by this chapter, which are more particularly specified as follows:
(1)
Administrative review: to hear and decide appeals from and review
of any order, requirement, decision or determination made by an administrative
official charged with the enforcement 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 such administrative
official or to decide in favor of the applicant on any matter upon
which it is required to pass under this chapter.
(2)
Referrals: to hear and decide all matters referred to it upon which
it is required to pass under this chapter.
(3)
Interpretation: to decide any question involving the interpretation
of any provision of this chapter, including determination of the exact
location of any zoning district boundary in case of uncertainty with
respect thereto.
(4)
Special and temporary use permits: to authorize only such special or temporary permits as the Board of Appeals is specifically authorized to pass on by the terms of this chapter; to decide such questions as are involved in determining whether such permits should be granted; and to authorize such permits with such conditions and safeguards as are appropriate under this chapter or to deny said permits when not in harmony with the purposes and intent of this chapter. (See § 119-60.)
(5)
Variances: to authorize, upon appeals in specific cases, such variance
from the terms of this chapter as will not be contrary to the public
interest according to standards specified herein.
E.
Staff. The Board of Appeals may employ such staff assistants as may
be necessary and prescribe their duties, provided that at no time
shall expenses be incurred beyond the amount of the appropriations
made by the Board of Trustees for such use and then available for
that purpose.
F.
Procedure; bylaws; forms. The Board of Appeals shall have the power
to make and adopt such written rules of procedures, bylaws and forms
as it may deem necessary for the proper execution of its duties and
to secure the intent of this chapter. Such rules, bylaws and forms
shall not be in conflict with nor have the effect of waiving any provision
of this chapter or any other regulation of the municipality.
G.
Office. The office of the Municipal Clerk shall be the office of
the Board of Appeals, and every rule, regulation, amendment or repeal
thereof and every order, requirement, decision or determination of
the Board shall immediately be filed in said office.
H.
Stay of proceedings. An appeal stays all proceedings in the furtherance
of the action appealed from, unless the Zoning Officer certifies that
by reason of facts 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 a court of record on an application, on notice
to the Zoning Officer and on due cause shown.
A.
Procedure. The Board of Appeals shall act in strict accordance with
the procedure specified by this chapter. All appeals and applications
made to the Board shall be in writing, on forms prescribed by the
Board and available from the Zoning Officer. Every appeal or application
shall refer to the specific provision of this chapter involved and
shall exactly set forth the interpretation that is claimed, the use
for which the special permit or variance is sought or the details
of the variance that is applied for and the grounds, as the case may
be. Such applications shall be filed in the office of the Village
Clerk.
B.
Hearings.
(1)
The Board shall fix a reasonable time for the hearing of appeals
and shall give due notice of the time set for the hearing to the applicant.
Appeals shall be decided within 60 days of the final hearing. Notice
shall be by the publication of a notice in the official newspaper
of the municipality and shall briefly describe the nature of the appeal
and the time and place of the hearing.
(2)
Notice shall be given at least 10 days in advance of the public hearing.
The owner of the property for which a special permit or variance is
sought or his agent shall be notified by mail. Notice of such hearing
for a special permit or variance shall be posted at the Municipal
Building at least 10 days prior to the public hearing. Any party may
appear in person, or by agent or attorney.
(3)
The Board of Appeals shall make a finding that it is empowered under
the section of this chapter described in the application to grant
the special permit or variance and that the granting of the special
permit or variance will not adversely affect the public interest.
[Amended 11-16-1992 by L.L. No. 3-1992]
A.
Use variances.
(1)
No variance in the strict application of this chapter shall be granted
by the Board of Appeals unless and until it finds that each of the
following facts and conditions exists:
(a)
That there are physical conditions, including irregularity,
narrowness or shallowness of lot size or shape, or exceptional topographic
or other physical conditions peculiar to and inherent in the particular
zoning lot; and that, as a result of such unique physical conditions,
practical difficulties or unnecessary hardships would arise in complying
strictly with the use of bulk provisions herein; and that the alleged
practical difficulties or unnecessary hardships are not applicable
generally to other lands or structures in the same district.
(b)
That literal interpretation of this provision of this chapter
would deprive the applicant of rights commonly enjoyed by other properties
in the same district under the terms of this chapter.
(c)
That the special conditions and circumstances do not result
from the actions of the applicant.
(d)
That granting the variance requested will not confer on the
applicant any special privilege that is denied by this chapter to
other lands, structures or buildings in the same district.
(e)
That the variance, if authorized, will not alter the essential
character of the neighborhood or district in which the affected property
is located nor substantially or permanently impair the appropriate
use or development of adjacent property nor be detrimental to the
public welfare.
(f)
That the variance, if authorized, will represent the minimum
variance that will afford relief and will represent the least modification
possible of the regulation involved.
(2)
In granting any variance, the Board may require such reasonable conditions
and safeguards as it may deem necessary to implement the purpose of
this chapter.
(3)
No nonconforming use of neighboring lands, structures or buildings
in the same district and no permitted or nonconforming use of lands,
structures or buildings in other districts shall be considered grounds
for issuance of a variance.
(4)
Under no circumstances shall a variance be granted to allow a use
not permitted in the district involved or any use expressly or by
implication prohibited in said district.
B.
Area variances.
(1)
Where the strict application of the area standards set forth in this
chapter cause an undue burden or significant economic injury, an area
variance shall be granted unless the public health, safety or welfare
will be served by strict application of the area standard. In considering
whether or not to grant an area standard variance, the Board may consider
the fact that the hardship complained of is self-created. However,
standing alone, the finding that the hardship complained of is self-created
does not foreclose the Board from granting an area standard variance.
(2)
In granting any variance, the Board may require such reasonable conditions
and safeguards as it may deem necessary to implement the purpose of
this chapter.
Any variance authorized by the Board which is not exercised
within one year from the date of issuance shall expire automatically
without a further hearing by the Board.
A.
Where this chapter provides for the authorization of special permit
uses pursuant to expressed standards and criteria, the Board of Appeals
shall hear and decide requests for each special use by the following
procedure:
(1)
At least 10 days before the date of the hearing held in connection
with any application submitted to the Board of Appeals, said Board
shall transmit to the Planning Board a copy of said application and
shall request that the Planning Board submit to the Board of Appeals
its advisory opinion on said application.
[Amended 5-15-2017 by L.L. No. 6-2017]
(2)
The Planning Board shall submit a report of such advisory opinion
prior to the date of said public hearing. The failure of the Planning
Board to submit such report shall be interpreted as a favorable opinion
for the application.
(3)
The Planning Board shall review the application for compliance with
standards and criteria and provisions of this chapter. In the case
of any matter requiring an advisory report by the Planning Board,
the Zoning Board shall advise the Planning Board in writing of the
action taken and the reasons therefor.
B.
Before any special permit shall be authorized, the Planning Board
shall make written findings certifying compliance with the site plan
review procedure governing individual special permits.
C.
Site plan review. Prior to the issuance of a special permit in any
district or a permit in either the Adult Entertainment District, General
Commercial District, Medium-Density Residential District, Low-Density
Residential District, Light Industrial District, or multifamily dwellings
in any district, a site plan for said use shall be approved by the
Planning Board according to § 7-725 of the Village Law.[1] In conducting such review, the Planning Board shall require
that all provisions of these regulations are complied with.
[Amended 8-21-2023 by L.L. No. 3-2023; 12-18-2023 by L.L. No. 4-2023; 12-18-2023 by L.L. No. 5-2023]
[1]
Editor's Note: Village Law § 7-725 was repealed
by L. 1992, c. 694, § 3, effective 7-1-1993. See now Village
Law § 7-725-a.
D.
Application for site plan approval. An application for site plan
approval shall be made in writing to the Building Inspector or Zoning
Officer and shall be accompanied by information drawn from the following
checklist:
(1)
An area map showing the parcel under consideration for site review
and all properties, subdivisions, streets and easements within 200
feet of the boundaries thereof.
(2)
A map of site topography at no more than five-foot contour intervals.
If general site grades have susceptibility to erosion, flooding or
ponding, contour intervals of not more than two feet of elevation
should also be provided.
(3)
Title of drawing, including name and address of applicant and person
responsible for preparation of such drawing.
(4)
North arrow, scale and date.
(5)
Boundaries of the property plotted to scale.
(6)
Existing watercourses.
(7)
Location, proposed use and height of all buildings.
(8)
Grading and drainage plan, showing existing and proposed contours.
(9)
Location, design and construction materials of all parking and truck
loading areas, showing access and egress.
(10)
Provision for pedestrian access.
(11)
Location of outdoor storage, if any.
(12)
Location, design and construction materials of all existing
or proposed site improvements, including drains, culverts, retaining
walls and fences.
(13)
Description of the method of sewage disposal and location, design
and construction materials of such facilities.
(14)
Description of the method of securing public water and location,
design and construction materials of such facilities (if applicable).
(15)
Location of fire and other emergency zones, including the location
of fire hydrants (if applicable).
(16)
Location, design and construction materials of all energy distribution
facilities, including electric and gas.
(17)
Location, size and design and construction materials of all
proposed signs.
(18)
Location and proposed development of all buffer areas, including
existing vegetative cover.
(19)
Location and design of outdoor lighting facilities.
(20)
Designation of the amount of building area proposed for retail
sales or similar commercial activity.
(21)
General landscaping plan and planting schedule.
(22)
Other elements integral to the proposed development as considered
necessary by the Planning Board, including identification of any state
or county permits required for the project's execution.
(23)
(24)
Required fee, if any, submitted with the application.
E.
Planning Board review of site plan. The Planning Board's review of
a site plan shall include, as appropriate, but is not limited to,
the following:
(1)
General considerations.
(a)
Adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road width, pavement surfaces, dividers and
traffic control.
(b)
Adequacy and arrangement of pedestrian traffic access and circulation,
walkway structures, control of intersections, with vehicular traffic
and overall pedestrian convenience.
(c)
Location, arrangement, appearance and sufficiency of off-street
parking and loading.
(d)
Location, arrangement, size, design and general site compatibility
of buildings, lighting and signs.
(e)
Adequacy of stormwater and drainage facilities.
(f)
Adequacy of water supply and sewage disposal facilities.
(g)
Adequacy, type and arrangement of trees, shrubs and other landscaping
constituting a visual and/or noise buffer between applicant's and
adjoining lands, including the maximum retention of existing vegetation.
(h)
In the case of an apartment complex or other multiple dwelling,
the adequacy of usable open space for play areas and informal recreation.
(i)
Protection of adjacent or neighboring properties against noise,
odor, glare, unsightliness or other objectionable features.
[Amended 8-21-2023 by L.L. No. 3-2023; 12-18-2023 by L.L. No. 4-2023; 12-18-2023 by L.L. No. 5-2023]
(j)
Adequacy of fire lanes and other emergency zones and the provision
of fire hydrants.
(k)
Special attention to the adequacy of structures, roadways and
landscaping in areas with susceptibility to ponding, flooding and/or
erosion.
(2)
Special consideration should be given to allow for adequate solar
access for property owners.
(3)
Consultant reviews. The Planning Board may consult with the Village
Building Inspector, Fire Commissioners, County Planning Board, other
local and county officials and its designated private consultants,
in addition to representatives of federal and state agencies, including
but not limited to the Natural Resources Conservation Service and
the New York State Department of Environmental Conservation.
(4)
Procedure for site plan reviews. In conducting site plan review,
the following procedure shall be mandatory, and no waivers thereto
shall be allowed:
[Amended 3-4-1991 by L.L. No. 1-1991]
(a)
Application. In the case of a site plan review not part of a
special use permit, the site plan should be submitted to the Building
Inspector at least 15 days prior to the next regularly scheduled meeting
of the Planning Board. Site plans received after the fifteen-day period
may be placed on the agenda only by unanimous vote of the Planning
Board.
(b)
Planning Board action on site plan.
[1]
In case of a special permit site plan review, the Planning Board's
action shall be in the form of a written statement to the Board of
Appeals, stating whether or not the site plan is approved, disapproved
or approved with modifications.
[2]
In case of permitted uses within a Light Industrial District
or General Commercial District, the Planning Board's action shall
be in the form of a written statement to the applicant.
[3]
If the site plan is disapproved, the Planning Board's statements
will contain the reasons for such findings. In case of disapproval,
the Planning Board may recommend further study of the site plan and
resubmission to the Planning Board after it has been revised or redesigned.
Failure of the applicant to make any required modification will result
in the disapproval of the site plan application.
F.
Reimbursable costs. Costs incurred by the Planning Board for consultation
fees or other extraordinary expense in connection with the review
of a site plan shall be charged to the applicant, not to exceed $50
per acre or fraction thereof.
G.
Inspection of improvements. The Building Inspector shall be responsible
for the overall inspection of site improvement, including coordination
with other officials and agencies, as appropriate.
H.
Integration of procedures. Whenever the particular circumstances
of a proposed development require compliance with either the requirements
of the Subdivision Regulations,[4] SEQR, or other requirements, the Planning Board shall
attempt to integrate, as appropriate, site plan review as required
by this section with procedural and submission requirements for such
other compliance.
I.
Waivers.
(1)
Where the Planning Board finds that, due to the special circumstances
of a particular site, the provision of certain required improvements
is not requisite in the interest of the public health, safety and
general welfare or is inappropriate because of inadequacy or lack
of connecting facilities adjacent or in proximity to the proposed
site, it may recommend that such waiver will not have the effect of
nullifying the intent and purpose of the Official Map, the Master
Plan or this chapter.
(2)
In recommending waivers, the Planning Board shall include such conditions
as will, in its judgment, secure substantially the objectives of the
standards or requirements so waived.
(3)
Where the Planning Board finds that changes, modifications, alteration
or improvements are to be made only to the interior of an existing
building, said Planning Board may waive the requirement of a special
use permit for said property.
[Added 5-15-2017 by L.L.
No. 6-2017]
J.
In authorizing any special permit, the Board of Appeals may prescribe
appropriate conditions and safeguards in conformity with this chapter.
Violations of such conditions and safeguards, when made part of the
conditions under which a special permit is granted, shall be a violation
of this chapter.
As provided in Article 12-B, § 239-m, of the General
Municipal Law, before final action on amendments, special permits
or variances, referrals shall be made as follows:
A.
The matters covered by this section shall include any action which
would affect the regulations applying to property within 500 feet
of the boundary of any city or town or of the boundary of any existing
or proposed county or state park or other recreation area; or of the
right-of-way of any existing or proposed county or state parkway,
thruway, road or highway; or of the existing or proposed right-of-way
of any stream or drainage channel owned by the county or for which
the county has established channel lines; or of the existing or proposed
boundary of any county- or state-owned land on which a public building
or institution is located.
B.
Within 30 days after receipt of a full statement of such referred
matter, the referral agency shall report its recommendation thereon
to the municipal agency, accompanied by a full statement of the reasons
for such recommendation. If such agency fails to report within 30
days or such longer period as may have been agreed upon, the municipal
body having jurisdiction may act without such report.
C.
If the referral agency disapproves the proposal or recommends modification
thereof, the municipal agency having jurisdiction shall not act contrary
to such disapproval or recommendation, except by a vote of a majority
plus one of all members thereof and after the adoption of a resolution
fully setting forth the reasons for such contrary action.
D.
Within seven days after final action, the municipal agency having
jurisdiction on the recommendations, modification or disapproval of
a referred matter shall file, with the agency which made the recommendation,
modification or disapproval, a report of the final action it has taken.
A special permit shall be deemed to authorize only one particular
use and shall expire if the special use shall cease for more than
six months for any reason.
No special use permit shall be issued for a property where there
is an existing violation of this chapter.
