A.
No board, agency, officer or employee of the Town shall issue, grant or approve any permit, license, certificate or other authorization for any construction, reconstruction, alteration, enlargement or moving of any building or structure or for any use of land or building that would not be in full compliance with the provisions of this chapter, except as permitted under § 165-46B(3). Any such permit, license, certificate or other authorization issued, granted or approved in violation of the provisions of this chapter shall be null and void and of no effect without the necessity of any proceedings or revocation or nullification thereof.
B.
Unless otherwise provided, the Code Enforcement Officer and any other
person designated for the purpose shall enforce the provisions of
this chapter and any rules and regulations made or as may be made
in furtherance thereof. For such purposes he or other designated person
may, from time to time and at reasonable hours, enter and inspect
any such building, structure or premises and may perform any other
act or duty necessary for the proper enforcement thereof.
A.
The Code Enforcement Officer shall keep a permanent record, including
all pertinent maps and plans, of all applications for building permits
and certificates of occupancy.
B.
The Code Enforcement Officer shall also keep a permanent record of
all violations of this chapter, whether reported by private citizens
or by any board, agency, officer or employee of the Town, and such
record shall show the disposition of all such violations.
C.
The Code Enforcement Officer shall make a report to the Town Board,
in writing, at least once each month, reporting the number and type
of building permits and certificates of occupancy issued and listing
all reported or continuing violations of this chapter and disposition
or pending action of such violations.[1]
A.
It shall be unlawful for an owner to use or permit the use of any
building or premises or part thereof hereinafter created, erected,
changed, converted or enlarged, wholly or partially in its use or
structure until a certificate of occupancy shall have been issued
by the Code Enforcement Officer. Such certificate shall state that
such building or premises or part thereof and the proposed use thereof
are in complete conformity with the provisions of this chapter. It
shall be the duty of the Code Enforcement Officer to issue a certificate
of occupancy, provided that the building and the proposed use of the
building or premises conform with all of the requirements herein set
forth.
B.
Application for such a certificate shall be made on an official form
and filed with the Code Enforcement Officer. Within 10 days thereafter,
the Code Enforcement Officer shall act thereon by either issuing a
certificate or by denying the application. He shall forthwith notify
such owner or applicant, in writing, personally or by mail, of his
decision. Every applicant for a certificate of occupancy shall pay
therefor to the Town Clerk a fee as set from time to time by resolution
of the Town Board.[1]
C.
Under such rules and regulations as may be established by the Town
Board, a temporary certificate of occupancy for part of a building
may be issued.
D.
A certificate of occupancy shall be deemed to authorize and is required
for both initial, continued or changed occupancy and the use of the
building or land to which it applies. It shall continue in effect
as long as such building and the use thereof and the use of such land
are in full conformance with the provisions of this chapter and any
requirements made in connection therewith at the time of the issuance
thereof. The details of any plan or site plan approved by the Town
Board, Planning Board or Board of Appeals acting under the terms of
this chapter and any conditions attached to such approval shall be
deemed to be such requirements.
E.
Upon the service of notice by the Code Enforcement Officer of any
violation of any of the provisions or requirements with respect to
any building or the use thereof or of land, the certificate of occupancy
for such use shall thereupon become null and void.
F.
A copy of a certificate of occupancy shall be furnished, upon request,
to any person having a proprietory or tenancy interest in the building
affected. Upon request and by payment to the Town of a fee as set
from time to time by resolution of the Town Board, the Code Enforcement
Officer shall issue a certificate of occupancy for any building or
premises, certifying, after inspection, that the extent and kind of
use and disposition conforms to the provisions of this chapter.[2]
A.
Any person, firm, corporation or other entity who shall violate any
provisions of this chapter or who shall violate any other regulations
made under authority conferred thereby or who shall knowingly assist
any other in the violation thereof by any architect, engineer, builder,
contractor, subcontractor, employee or other person lawfully employed
upon his premises or in connection therewith or who shall fail to
comply therewith or with the requirements thereof or who shall build,
add to, alter or locate any building or other structure in violation
thereof, or in violation of any detailed plan or statement submitted
and approved as in this chapter provided or who shall knowingly assist
therein or who shall use any land, building, or premises in violation
thereof or who shall design any building or other structure to be
used in violation of this chapter or such regulations made supplemental
thereto shall be guilty of an offense as set forth in § 268
of the Town Law and shall be liable to 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, 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 of a third or subsequent
offense, all of which were committed within a period of five years,
by a fine of not less than $700 nor more than $1,000 or imprisonment
for a period not to exceed six months, or both. Each week's continued
violation thereof shall constitute a separate additional violation.
In addition to the foregoing punitive and remedial provisions, the
Town shall have such other remedies for any violation or threatened
violation of this chapter as now or hereafter may be provided by law.
[Amended 9-25-1989 by L.L. No. 1-1989]
B.
In case any building or structure is erected, constructed, reconstructed,
altered, converted, located or maintained or any building, structure,
land or premises is used in violation of this chapter or any regulation
made pursuant thereto or under authority conferred thereby, in addition
to other lawful remedies, any appropriate action or proceedings may
be instituted to prevent such unlawful erection, construction, alteration,
conversion, repair, maintenance or use to restrain, correct or abate
such violation, to prevent the occupancy of such building, land or
premises or to prevent any illegal act, conduct, business or use in
or about such premises. The Code Enforcement Officer shall serve written
notice, either by personal service or by certified mail, return receipt
requested, addressed to the premises of such violation or the person
or corporation committing or permitting the same, and, if such violation
does not cease within such time as the Code Enforcement Officer shall
specify by not less than five days, he may institute such of the foregoing
action as may be necessary to determine the violation. Such notice
may also be served by posting on the premises.
A.
Organization. A Board of Appeals, as heretofore established by the
Town Board, is hereby maintained.
B.
Powers and duties.
(1)
General. The Board of Appeals shall have all the powers and duties
prescribed by Town law and by this chapter, which powers and duties
are summarized and more particularly specified as follows, provided
that none of the following sections shall be deemed to limit any of
the power of the Board of Appeals that is conferred by the Town Law.
The Board of Appeals shall adopt such rules and regulations as may
be necessary or proper to the performance of its powers and duties
hereunder and may amend or repeal the same. All provisions of this
chapter relating to the Board of Appeals shall be strictly construed;
the Board, as a body of limited jurisdiction, shall act in full conformity
with all provisions of law and of this chapter and in strict compliance
with all limitations contained herein.
(2)
Interpretation. On appeal from an order, requirement, decision or determination made by an administrative official charged with the enforcement of this chapter, the Board of Appeals shall have authority to decide any question involving the interpretation of any provision of this chapter, including determination of the exact application of the rules specified in § 165-5.
(3)
Use variances.[1]
(a)
The Zoning Board of Appeals, on appeal from
the decision or determination of the Code Enforcement Official, shall
have the power to grant use variances, authorizing a use of the land
which otherwise would not be allowed or would be prohibited by the
terms of this chapter.
(b)
No such use variance shall be granted by the
Zoning Board of Appeals without a showing by the applicant that applicable
zoning regulations and restrictions have caused unnecessary hardship.
In order to prove such unnecessary hardship, the applicant shall demonstrate
to the Zoning Board of Appeals that:
[1]
The applicant cannot realize a reasonable return,
provided that lack of return is substantial, as demonstrated by competent
financial evidence;
[2]
The alleged hardship relating to the property
in question is unique and does not apply to a substantial portion
of the zone district or neighborhood;
[3]
The requested use variance, if granted, will
not alter the essential character of the neighborhood; and
[4]
The alleged hardship has not been self-created.
(c)
The Zoning Board of Appeals, in the granting
of use variances, shall grant the minimum variance that it shall deem
necessary and adequate and at the same time preserve and protect the
character of the neighborhood and the health, safety and welfare of
the community.
(4)
Area variances.[2]
(a)
The Zoning Board of Appeals shall have the power,
upon an appeal from a decision or determination of the Code Enforcement
Officer, to grant area variances from the area or dimensional requirements
of this chapter.
(b)
In making its determination, the Zoning Board
of Appeals shall take into consideration the benefit to the applicant
if the variance is granted, as weighed against the detriment to the
health, safety and welfare of the neighborhood or community by such
grant. In making such determination, the Board shall also consider:
[1]
Whether an undesirable change will be produced
in the character of the neighborhood or a detriment to nearby properties
will be created by the granting of the area variance;
[2]
Whether the benefit sought by the applicant
can be achieved by some method feasible for the applicant to pursue,
other than an area variance;
[3]
Whether the requested area variance is substantial;
[4]
Whether the proposed variance will have an adverse
effect or impact on the physical or environmental conditions in the
neighborhood or zone district; and
[5]
Whether the alleged difficulty was self-created,
which consideration shall be relevant to the decision of the Zoning
Board of Appeals but shall not necessarily preclude the granting of
the area variance.
(c)
The Zoning Board of Appeals, in the granting
of area variances, shall grant the minimum variance that it shall
deem necessary and adequate and at the same time preserve and protect
the character of the neighborhood and the health, safety and welfare
of the community.
(5)
Conditions and safeguards. In all cases where the Board of Appeals
authorizes the issuance of a building permit or occupancy permit under
any of the above powers, it shall be the duty of said Board to attach
such conditions and safeguards as may be required to protect the public
health, safety, morals and general welfare.
C.
Appeals; how taken to Board of Appeals. All appeals and applications
to the Board of Appeals shall be taken in the manner prescribed by
law and within such time as shall be prescribed by the Board of Appeals
by general rule. All such appeals and applications to the Board shall
be made by the owner or agent duly authorized, in writing, and shall
be on forms prescribed by the Board. Each appeal or application shall
fully set forth the circumstances of the case, shall refer to the
specific provisions of the chapter involved and shall exactly set
forth, as the case may be, the interpretation that is claimed, the
details of the adjustment that is applied for and the grounds for
which it is claimed that the same should be granted or the use for
which a permit is sought.[3]
[3]
Editor's Note: Original Section 654, Notice of hearing, which
immediately followed this subsection, was repealed 9-25-1989 by L.L.
No. 1-1989.
D.
Referral to Planning Board. At least 10 days before the date of the
hearing required by law on an application or appeal to the Board of
Appeals, the Secretary of said Board shall transmit to the Secretary
of the Planning Board a copy of said application or appeal, together
with a copy of the notice of the aforesaid hearing, and the Planning
Board may, prior to or on the date of said hearing, submit to the
Board of Appeals an advisory opinion on said application or appeal.
E.
Action by Board of Appeals. Every decision of the Board of Appeals
shall be by resolution, shall be recorded in accordance with standard
forms adopted by the Board and shall fully set forth the circumstances
of the same and the findings on which the decision was based. Timely
notice of all decisions shall be given to all parties to the proceedings.
The Board shall, within five business days, file a copy of each such
resolution in the office of the Town Clerk, together with all supporting
documents, and a copy of said resolution with the Planning Board and
the Code Enforcement Officer. The Board of Appeals shall report to
the Town Board periodically, at intervals of not greater than three
months, summarizing all applications and appeals made to it since
its last previous report and summarizing its decisions on such applications
and appeals. A copy of such report shall be filed with the Planning
Board and the Code Enforcement Officer at the same time that it is
filed with the Town Board.[4]
F.
Court Review; how taken on Board of Appeals actions. 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 in the manner provided by
law.
A.
Pursuant to §§ 239-1 and 239-m of the General Municipal
Law of the State of New York, certain classes of zoning actions shall
be referred to the Genesee County Planning Board before final action
is taken.
B.
Proposed actions subject to referral.[1]
(1)
The following proposed actions shall be subject to the referral requirements of this section, if they apply to real property set forth in Subsection B(2) of this section:
(a)
Adoption or amendment of a Comprehensive Plan pursuant to § 272-a
of the Town Law;
(b)
Adoption or amendment of a zoning local law;
(c)
Issuance of special use permits;
(d)
Approval of site plans;
(e)
Granting of use or area variances;
(f)
Other authorizations which a referring body may issue under the provisions
of any zoning local law.
(2)
The proposed actions set forth in Subsection B(1) of this section shall be subject to the referral requirements of this section if they apply to real property within 500 feet of the following:
(a)
The boundary of any city, village or town;
(b)
The boundary of any existing or proposed county or state park or
any other recreation area;
(c)
The right-of-way of any existing or proposed county or state parkway,
thruway, expressway, road or highway;
(d)
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;
(e)
The existing or proposed boundary of any county- or state-owned land
on which a public building or institution is situated; or
(f)
The boundary of a farm operation located in an agricultural district,
as defined by Article 25-AA of the Agriculture and Markets Law, except
this subsection shall not apply to the granting of area variances.
C.
Within 30 days after receipt of such referred matter, the Genesee
County Planning Board shall report its recommendations thereon to
the referring municipal body. If the county agency fails to report
within such period or within such mutually agreed extension thereof,
the municipal body may act without such report. If the county agency
disapproves the proposal or recommends modifications thereof, the
municipal body shall not act contrary except by a vote of a majority
plus one of its full membership and after adoption of a resolution
fully setting forth the reasons for such contrary action.
Any building, extension or alterations for which a permit has
been duly granted, the construction of which has been started before
the effective date of this chapter or of an amendment thereto, and
the ground story framework of which, including the second tier of
beams, has been completed within one year after the adoption of this
chapter or an amendment thereto, may be completed in accordance with
plans on file with the Code Enforcement Officer, provided that such
construction is completed within one year of the adoption of this
chapter or an amendment thereto. If any of the requirements shall
not have been fulfilled within the prescribed period or if the building
operations are discontinued for a period of six months, any other
construction shall be in conformity with the provisions of this chapter.
