Village of Clayton, NY
Jefferson County
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A. 
This chapter shall be enforced by the Code Officer, who shall be appointed by the Mayor subject to the approval of the Board of Trustees.
B. 
The Code Officer's duties shall include:
(1) 
Issue or deny zoning permits within seven days of application.
(2) 
Scale and interpret district boundaries on Zoning Maps.
(3) 
Inspect and certify that the requirements of this chapter and any conditions of approval have been adhered to.
(4) 
Refer appropriate matters to the Joint Village/Town Zoning Board of Appeals, Joint Village/Town Planning Board or Board of Trustees.
(5) 
Revoke a permit where there is false, misleading or insufficient information. Revoke a permit and/or certificate of compliance where the applicant has not done what was proposed on the application or required as a condition of approval.
(6) 
Issue notices to remedy stop-work orders, investigate violations and refer violations to the Board of Trustees.
(7) 
The Code Officer shall report monthly to the Board of Trustees the number of permits issued and fees collected.
(8) 
Conduct surveys of the Village to detect unauthorized development of lots.
(9) 
Promptly file all records with the Village Clerk, including but not limited to all applications under this chapter and written records of all complaints and actions taken in response thereto.
(10) 
The Code Officer or his designee shall attend all Joint Town/Village Planning Board and Joint Town/Village Zoning Board of Appeals meetings unless excused by the Chairman of such Boards.
(11) 
The Code Officer shall be responsible for the overall inspection of site improvements, including coordination with the Village Trustees and other officials and agencies, as appropriate.
(12) 
Temporary permits may be issued by the Code Officer for a period not exceeding six months for nonconforming uses incidental to housing and construction projects, including such structures and uses as storage of building materials and machinery, the processing of building materials and a real estate office located on the tract being offered for sale, provided that such permits are conditioned upon agreement by the owner or operator to remove the structure or structures or uses upon expiration of the permit. Such permits may be renewed upon application to the Code Officer for one successive additional period of six months.
C. 
In accordance with Municipal Home Rule Law § 10 and Criminal Procedure Law § 150.20, the Code Officer shall also have the power to issue and serve appearance tickets in connection with the performance of his duties in enforcing any statute, local law, ordinance, rule or regulation relating to zoning and planning. The issuance and service of appearance tickets by the Code Officer shall have the same force and effect as if served by a peace officer. Appearance tickets shall be of a form and content acceptable under, and shall be issued in accordance with, Article 150 of the Criminal Procedure Law of the State of New York.
A. 
No building, structure or part thereof shall hereafter be used, occupied, erected, moved or altered and no alteration of the land surface preliminary to or incidental to such activity, including grading, filling, excavation, paving, etc., except for testing and surveying, shall occur except in conformity with the requirements herein specified and only after a zoning permit for such has been issued. A zoning permit shall not be required for routine maintenance and improvement (e.g., roofing, window replacement, siding replacement, etc.) that does not expand the exterior dimensions of the structure and that does not involve a change in use. No zoning permit or certificate shall be issued for any use or building where said construction, addition or alteration or use thereof would be in violation of any of the provisions of this chapter.
B. 
There shall be submitted with all applications for zoning permits two copies of a layout or plot plan showing the actual dimensions of the lot to be built upon, the size and location on the lot of the building and accessory buildings to be erected and such other information as may be necessary to determine compliance with the provisions of this chapter.
C. 
One copy of such layout or plot plan shall be returned when approved by the Code Officer, together with such permit, to the applicant upon the payment of all fees and costs required by the chapter or by agreement with the Village.
D. 
Prior to the issuance of a zoning permit, the applicant shall pay all application and review fees to the Village of Clayton, which amount shall be sufficient to offset all the administrative or other costs to the Village of Clayton associated with the issuance of the permit. A fee schedule shall be established by the Village Board of Trustees annually at or within 30 days of its organizational meeting. In the event that the Village Board of Trustees shall fail in any year to establish the application fee within the period set, the application fee for the ensuing year shall be the same amount as it was for the previous year. Any zoning permit issued under this chapter shall expire if construction has not commenced within one year from the date of issue.
E. 
Any construction that has been discontinued for a period of 12 months or longer shall be deemed to have been abandoned. Resumption of construction shall be authorized only upon the issuance of a new zoning permit.
F. 
The zoning permit shall be prominently displayed so as to be visible from the outside of the building or structure to be altered or erected until such time as a certificate of compliance has been issued.
A. 
Pursuant to the authority contained in Article VII of the Village Law, Article 5-G of the General Municipal Law, and the intermunicipal agreement between the Town of Clayton and the Village of Clayton consolidating the Town and Village Planning Boards dated March 24, 1997, the Board of Trustees recognizes that a Joint Town of Clayton and Village of Clayton Planning Board has been established consisting of seven members, and such Board shall have all the powers and duties prescribed by the Village Law and by this chapter, and is hereby granted the authority to administer the site plan review and special permit requirements of this chapter. All references contained in this chapter to the "Planning Board" shall mean the Joint Town of Clayton/Village of Clayton Planning Board established pursuant to the intermunicipal agreement dated March 24, 1997.
B. 
Powers and duties. The Planning Board shall have the following powers and duties with respect to this chapter:
(1) 
Approval or disapproval of site plans.
(2) 
Approval or disapproval of special use permits.
(3) 
Submittal of an advisory opinion, when requested to do so to the Zoning Board of Appeals.
(4) 
Submittal of an advisory opinion to the Village Board for proposed amendments to this chapter.
(5) 
All other powers granted by New York State law.
C. 
Procedure. The Planning Board shall act in strict accordance with the procedure specified by this chapter. All applications made shall be made in writing on forms prescribed by the Village. Every decision of the Planning Board shall be made by resolution which shall contain a full record of findings in the case.
D. 
Training.
(1) 
Each member of the Planning Board shall complete, at a minimum, four hours of training each year designed to enable such members to more effectively carry out their duties.
(2) 
Training received by a member in excess of four hours in any one year may be carried over by the member into succeeding years in order to meet the requirements of this section. Such training shall be approved by the Board of Trustees and may include, but not be limited to, training provided by a municipality, regional or county planning office or commission, county planning federation, state agency, statewide municipal association, college or other similar entity. Training may be provided in a variety of formats, including, but not limited to, electronic media, video, distance learning and traditional classroom training.
(3) 
To be eligible for reappointment to such board, such member shall have completed the training promoted by the Village Board.
(4) 
The training required by this section may be waived or modified by resolution of the Board of Trustees when, in the judgment of the Board of Trustees, it is in the best interest of the Village to do so.
(5) 
No decision of the Planning Board shall be voided or declared invalid because of a failure to comply with this subdivision.
E. 
Alternate members.
(1) 
Three alternate member positions are hereby established for the Joint Town of Clayton and Village of Clayton Planning Board as established pursuant to an intermunicipal agreement between the Town of Clayton and Village of Clayton dated March 24, 1997. As provided by intermunicipal agreement between the Town of Clayton and the Village of Clayton dated March 22, 1999, the alternate Planning Board members shall be appointed by joint action of the Town Board of the Town of Clayton and the Village of Clayton Board of Trustees, either at a joint meeting of those Boards called for that purpose or by independent resolutions at separate meetings of those Boards. The alternate member positions of the joint Town of Clayton and Village of Clayton Planning Board are hereby established for the purpose of ensuring the presence of a quorum on any matter pending before the Joint Town of Clayton and Village of Clayton Planning Board in the event that a regular member of said Board is absent due to a conflict of interest or is otherwise unable to serve for any reason, and such conflict, absence, or inability to serve causes the lack of a quorum to be present for any matter pending before the Joint Town of Clayton and Village of Clayton Planning Board.
(2) 
In the event the Joint Town of Clayton and Village of Clayton Planning Board lacks quorum on any matter pending before it due to a conflict of interest or the absence of one or more regular members, the Chairperson shall select an alternate member or members to sit in place of the absent or conflicted member or members. The alternate member or members shall be selected by the Chairperson in the order in which they were appointed by the joint action of the Town Board of the Town of Clayton and the Village Board of Trustees of the Village of Clayton.
(3) 
An alternate member or members appointed by the Chairperson of the Joint Town of Clayton and Village of Clayton Planning Board to serve on a particular matter in which a regular member is absent or unable to serve for any reason shall possess all of the powers and responsibilities of such regular member, and shall continue to serve on the Joint Town of Clayton and Village of Clayton Planning Board until the matter or matters for which the substitution is made has been decided in final by the Board.
(4) 
All provisions of this section and of the Village Law relating to the Planning Board member training and continuous education, attendance, conflict of interest, compensation, eligibility, vacancy of office, removal and service on the Joint Planning Board shall also apply to alternate members.
A. 
Establishment, powers and duties. It is recognized by the Board of Trustees of the Village of Clayton that pursuant to the authority contained in Article 7 of the Village Law, Article 5-G of the General Municipal Law, and a certain intermunicipal agreement between the Town of Clayton and the Village of Clayton, dated March 24, 1997, a Joint Town of Clayton/Village of Clayton Zoning Board of Appeals has been established consisting of five members, which shall have all the powers and duties prescribed by NYS Village Law and by this chapter. All references contained in this chapter to the "Zoning Board of Appeals" shall mean the Joint Town of Clayton/Village of Clayton Zoning Board of Appeals established pursuant to the intermunicipal agreement between the Town of Clayton and the Village of Clayton dated March 24, 1997.
B. 
Alternate members.
(1) 
Three alternate member positions are hereby established for the Joint Town of Clayton and Village of Clayton Zoning Board of Appeals as established pursuant to an intermunicipal agreement between the Town of Clayton and Village of Clayton dated March 24, 1997. As provided by intermunicipal agreement between the Town of Clayton and the Village of Clayton dated March 22, 1999, the alternate Zoning Board of Appeals members shall be appointed by joint action of the Town Board of the Town of Clayton and the Village of Clayton Board of Trustees, either at a joint meeting of those Boards called for that purpose or by independent resolutions at separate meetings of those Boards. The alternate member positions of the joint Town of Clayton and Village of Clayton Zoning Board of Appeals are hereby established for the purpose of insuring the presence of a quorum on any matter pending before the Joint Town of Clayton and Village of Clayton Zoning Board of Appeals in the event that a regular member of said Board is absent due to a conflict of interest or is otherwise unable to serve for any reason, and such conflict, absence, or inability to serve causes the lack of a quorum to be present for any matter pending before the Joint Town of Clayton and Village of Clayton Zoning Board of Appeals.
(2) 
In the event the Joint Town of Clayton and Village of Clayton Zoning Board of Appeals lacks a quorum on any matter pending before it due to a conflict of interest or the absence of one or more regular members, the Chairperson shall select an alternate member or members to sit in place of the absent or conflicted member or members. The alternate member or members shall be selected by the Chairperson in the order in which they were appointed by the joint action of the Town Board of the Town of Clayton and the Village Board of Trustees of the Village of Clayton.
(3) 
An alternate member or members appointed by the Chairperson of the Joint Town of Clayton and Village of Clayton Zoning Board of Appeals to serve on a particular matter in which a regular member is absent or unable to serve for any reason shall possess all of the powers and responsibilities of such regular member, and shall continue to serve on the Joint Town of Clayton and Village of Clayton Zoning Board of Appeals until the matter or matters for which the substitution is made has been decided in final by the Board.
(4) 
All provisions of this section and of the Village Law relating to the Zoning Board of Appeals member training and continuous education, attendance, conflict of interest, compensation, eligibility, vacancy of office, removal and service on the Joint Zoning Board of Appeals shall also apply to alternate members.
Upon appeal from a decision by an administrative official, the Zoning Board of Appeals will decide any question involving the interpretation of any provision of this chapter, including determinations of the exact location of any zone boundary if there is uncertainty with respect thereto.
The Zoning Board of Appeals may vary the strict application of any of the requirements of this chapter as provided for by law. In granting any variance, the Zoning Board of Appeals shall prescribe any conditions it deems necessary or desirable.
A. 
Use variance.
(1) 
No use variance shall be granted without a showing by the applicant that the applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such hardship the applicant shall demonstrate that for each and every permitted use under the zoning regulations for the particular district where the property is located:
(a) 
The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;
(b) 
That the alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood;
(c) 
That the requested use variance, if granted, will not alter the essential character of the neighborhood; and
(d) 
That the alleged hardship has not been self-created.
(2) 
The Zoning Board of Appeals, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proved by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
(3) 
The Zoning Board of Appeals shall, in the granting a use variance, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of the zoning law, and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
B. 
Area variance.
(1) 
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:
(a) 
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;
(b) 
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
(c) 
Whether the requested area variance is substantial;
(d) 
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
(e) 
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.
(2) 
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.
(3) 
The Zoning Board of Appeals shall, in the granting an area variance, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of the zoning law, and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
The Zoning Board of Appeals shall act in accordance with procedure specified by law.
A. 
Application and fees. All appeals and applications made to the Board shall be in writing and on a form prescribed by the Board. Every appeal or application shall refer to the specific provisions of the law being appealed or variance sought, shall exactly set forth the interpretation that is claimed, shall give the details of the appeal on variance that is applied for and shall set forth the grounds on which it is claimed that the appeal or variance should be granted. In addition to any other application fee required to be paid by the Village of Clayton, the applicant shall, at the time of application, pay to the Village of Clayton a fee in an amount determined annually by the Board of Trustees of the Village of Clayton to offset the cost of preparing and posting the signs. In the event that the Board of Trustees fails to establish a fee on any given year, the fee established in the immediately preceding year shall continue to apply.
(1) 
A check, cash or money order for a fee in an amount that shall be set annually by the Village Board of Trustees, payable to the Village of Clayton, shall accompany all applications. This fee is not refundable and is to cover the cost of advertising, stenographic fees, transcripts, inspection by the Code Officer and other administrative expenses not provided for below.
(2) 
Costs incurred by the Joint Town/Village Zoning Board of Appeals for consultation fees, such as legal and engineering fees, or other out-of-pocket expenses in connection with the review of an application shall be passed onto the applicant on the contractual basis or hourly rate as charged by the consultant.
B. 
Meetings, minutes and records. Meetings of such Board of Appeals shall be open to the public to the extent provided in Article 7 of the Public Officers Law. Such Board of Appeals 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.
C. 
Filing requirements. Every rule, regulation, every amendment or repeal thereof, and every order requirement, decision or determination of the Board of Appeals shall be filed in the office of the Village Clerk within five business days and shall be a public record.
D. 
Assistance to Board of Appeals. Such Board shall have the authority to call upon any department, agency or employee of the Village for such assistance as shall be deemed necessary and as shall be authorized by the Village Board. Such department, agency, or employee may be reimbursed for any expenses incurred as a result of such assistance.
E. 
Hearing appeals. Unless otherwise provided by local law, the jurisdiction of the Board of Appeals shall be appellate only and shall be limited to hearing and deciding appeals from and reviewing any order, requirement, decision, interpretation, or determination made by the Code Officer charged with the enforcement of the local law adopted pursuant to this article. Such Board shall have the authority to call upon such assistance as shall be deemed necessary and as shall be authorized by the Village Board. Such department, agency or employee shall be reimbursed for any expenses incurred as a result of such assistance. The concurring vote of a majority of the members of the Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of the Code Officer, or to grant a use variance or area variance. Such appeal may be taken by any person aggrieved, or by an officer, department, board or bureau of the Village.
F. 
Filing of administrative decision and time of appeal.
(1) 
Each order, requirement, interpretation or determination of the Code Officer shall be filed in the Code Officer's office within five business days from the day it is rendered, and shall be a public record.
(2) 
An appeal shall be taken within 60 days after the filing of any order, requirement, decision, interpretation or determination of the Code Officer by filing with such Code Officer and with the Board of Appeals a notice of appeal, specifying the grounds thereof and the relief sought. The Code Officer from whom the appeal is taken shall forthwith transmit to the Board of Appeals all the papers constituting the record upon which the action appealed from was taken.
G. 
Stay upon appeal. An appeal shall stay all proceeding in furtherance of the action appealed from, unless the Code Officer charged with the enforcement of such local law, from whom the appeal is taken, certifies to the Board of Appeals, after the notice of appeal shall have been filed with the Code Officer, that by reason of facts stated in the certificate a stay, would, in his or her 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 by a court of record on application, on notice to the Code Officer from whom the appeal is taken and on due cause shown.
H. 
Hearing on appeal. The Board of Appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it. The cost of sending or publishing any notices relating to such appeal, or a reasonable fee relating thereto, shall be borne by the appealing party and shall be paid prior to the hearing of such appeal. Upon the hearing, any party may appear in person, or by agent or attorney. Whenever a public hearing is required to be held by the Zoning Board of Appeals to consider an application for a variance or the interpretation of a decision by an administrative official, notice of the public hearing shall be provided as follows:
(1) 
Written notice shall be mailed to the owners of all parcels of property adjacent to the applicant's property. The notice shall be mailed by first-class U.S. mail to the property owner's address as appearing on the latest completed assessment roll for the Village of Clayton, and shall be postmarked not less than 10 days prior to the date of the public hearing.
(2) 
Written notice of the public hearing shall be published in the official newspaper of the Village of Clayton not less than five days prior to the date of the public hearing.
(3) 
Signboards containing the notice of public hearing as provided in this subsection shall be posted by the Code Officer on the applicant's property not less than 10 days prior to the date of the public hearing. The sign shall be constructed as a sandwich board not less than 20 inches by 30 inches consisting of all-weather cardboard stock with black print lettering not less than the height identified in Subsection D(4) below. A minimum of one signboard shall be placed on each side of the subject premises facing a public street on which the property abuts. The signboard shall be erected not more than 10 feet from the road right-of-way and not less than two feet nor more than six feet above grade at the property line. The signboards shall be displayed continuously for a period not less than 10 days immediately preceding the date of the public hearing.
(4) 
The signboard shall contain, at a minimum, the following information, with lettering size as indicated:
Information
Size
(inches)
Notice of Public Hearing
3
Pursuant to § 132-36 of the Code of the Village of Clayton
1 1/4
The Joint Town/Village of Clayton Planning Board/ZBA
1 1/4
Special Use Permit/Site Plan Application/Area Variance/Use Variance/Interpretation
1 1/4
(Date) at (Time)
1 1/4
Town of Clayton Offices, 405 Riverside Drive, Clayton, NY 13624
1 1/4
For more information, please call (315) 686-3512
1 1/4
I. 
The Code Officer shall have the authority to schedule public hearings before the Joint Town/Village of Clayton Zoning Board of Appeals to consider applications for use variances or area variances or interpretations of the provisions of this chapter upon receipt of proper application therefor and the Code Officer's determination that said application is complete. All public hearings scheduled by the Code Officer shall comply with the notice requirements contained in this chapter.
J. 
Time of decision. The Zoning Board of Appeals shall decide upon the appeal within 62 days after the conduct of said hearing. The time within which the Zoning Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Board.
K. 
Filing of decision and notice. The decision of the Zoning Board of Appeals on the appeal shall be filed in the office of the Village Clerk within five business days after the day such decision is rendered, and a copy thereof mailed to the applicant.
L. 
Notice to park commission or planning agency. At least five days before such hearing, the Zoning Board of Appeals shall mail notices thereof to the parties; to the regional state park commission having jurisdiction over any state park or parkway within 500 feet of the property affected by such appeal; and to the county, metropolitan or regional planning agency, as required by § 239-m of the General Municipal Law, which notice shall be accompanied by a full statement of the matter under consideration, as defined in Subdivision 1 of General Municipal Law, § 239-m.
M. 
Compliance with State Environmental Quality Review Act. The Zoning Board of Appeals shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations as codified in Title 6, Part 617, of the New York Codes of Rules and Regulations.
N. 
Rehearing. A motion for the Zoning Board of Appeals to hold a rehearing to review any order, decision or determination of the Board not previously reviewed may be made by any member of the Board. A unanimous vote of all members of the Board then present is required for such rehearing to occur. Such rehearing is subject to the same notice provisions as an original hearing. Upon such rehearing the Board may reverse, modify or annul its original order, decision or determination upon the unanimous vote of all members then present, provided the Board finds that the rights vested in persons acting in good faith in reliance upon the reviewed order, decision or determination will not be prejudiced thereby.
O. 
Voting requirements.
(1) 
Decision of the Board. Except as otherwise provided in the above paragraph, every motion or resolution of the Zoning Board of Appeals shall require for its adoption the affirmative vote of a majority of all the members of the Zoning Board of Appeals as fully constituted regardless of vacancies or absences.
(2) 
Default denial of appeal. In exercising its appellate jurisdiction only, if an affirmative vote of a majority of all members of the Board is not attained on a motion or resolution to grant a variance or reverse any order, requirement, decision or determination of the Code Officer within the time allowed under Subsection J, Time of decision, the appeal is denied. The Board may amend the failed motion or resolution and vote on the amended motion or resolution within the time allowed without being subject to the rehearing process as set forth in Subsection N, Rehearing.
P. 
Expiration of approval. In the event that the applicant fails to execute the terms and conditions set forth in the use or area (dimensional) variance within 18 months after its final approval by the Joint Zoning Board of Appeals, said approval shall be deemed to have expired and any subsequent proposal shall require a new application and submission.
A. 
Whenever a Village official or another person complains of a zoning violation, or the Code Officer notices a violation, the Code Officer shall make an inspection. If a violation exists, the Code Officer shall issue a stop-work order and notice to correct violation, which shall inform the landowner of the nature of the violation and require that the landowner comply with this chapter within 14 days.
B. 
If the violation occurs, it is an offense punishable by a fine not exceeding $250 or imprisonment for a period not to exceed 15 days, or both. Each week's continued violation shall constitute a separate additional violation. The Village may appear in Justice Court and prosecute by the Code Officer or an attorney retained by the Village, with the consent of the District Attorney.
C. 
In addition to the penalties provided above, the Board of Trustees may also maintain an action or proceeding in the name of the Village in a court of competent jurisdiction to compel compliance with or restrain by injunction a violation of this chapter.