This chapter shall be enforced by the Zoning Enforcement Officer.
Fees may be charged for permits issued and for processing of
variances.
No land shall be used or occupied and no building hereafter
erected, altered or extended shall be used or changed in use and no
new principal use or uses shall be established until a zoning certificate
of occupancy has been issued by the Zoning Enforcement Officer in
accordance with provisions of this chapter.
[Amended 11-14-1994 by L.L. No. 2-1994]
Any violation of this chapter is an offense punishable as follows:
A. For the first offense, a fine of up to $350 or imprisonment for up
to six months, or both.
B. For the second offense within five years, a fine of $350 to $700
or imprisonment for up to six months, or both.
C. For the third or subsequent offense within five years, a fine of
$700 to $1,000 or imprisonment for up to six months, or both.
[Amended 7-6-1995 by L.L. No. 4-1995]
Whenever a violation of this chapter occurs, any person may
file a complaint in regard thereto. All such complaints must be in
writing and shall be filed with the Zoning Enforcement Officer, who
shall properly record such signed complaint and promptly investigate.
When appropriate, the Zoning Enforcement Officer shall have the power
to issue summonses or appearance tickets in his sole discretion.
From time to time, at intervals of not more than three years,
the Town Planning Board shall reexamine the provisions of this chapter
and the location of district boundary lines and shall submit a report
to the Town Board recommending such changes or amendments, if any,
which may be desirable in the interest of public safety, health, necessity
or the general welfare.
[Added 3-14-2016 by L.L.
No. 10-2016]
A. Applicability. This section shall apply to the appointment, terms,
functions and powers of alternate members appointed to serve on the
Zoning Board of Appeals.
B. Zoning Board of Appeals alternate members.
C. It is the desire of the Zoning Board of Appeals to have a full complement
of voting members at each meeting in which action is to be taken on
an application. In any instance where a voting member of the Zoning
Board of Appeals is absent, the use of an alternate member is hereby
authorized pursuant to the provisions of this chapter. In promulgating
this chapter, the Zoning Board of Appeals hopes to keep its alternates
informed and active in Town matters.
D. Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
ALTERNATE MEMBER
An individual appointed by the Town Board who is utilized
when a regular member is unable to participate on an application or
matter before the respective board, as provided herein.
MEMBER
An individual appointed by the Town Board to serve on the
Zoning Board of Appeals, pursuant to the provisions of the local law
or ordinance which first established such Zoning Board of Appeals.
ZONING BOARD OF APPEALS
The Zoning Board of Appeals of the Town of Lenox as established
by the Town Board, pursuant to the provisions of § 267 of
the Town Law.
Authorization; purpose; appointment; designation; duties and
responsibilities.
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E. The Town Board of the Town of Lenox hereby enacts this chapter to
provide a process for appointing alternate members of the Zoning Board
of Appeals. These individuals would serve when members are absent
or unable to participate on an application or matter before the respective
board.
F. Alternate members of the Zoning Board of Appeals shall be appointed
by the Town Board for terms of three years, with the terms to expire
on December 31 of the third year after the date of appointment.
G. The chairperson of the Zoning Board of Appeals may designate an alternate
to substitute for a member when such member is unable to participate
on an application or matter before the Board. When so designated,
the alternate member shall possess all the powers and responsibilities
of such member of the Board. Such designation shall be entered into
the minutes of the initial Zoning Board of Appeals meeting at which
the substitution is made.
H. All provisions of state law relating to Zoning Board of Appeals member
eligibility, vacancy in office, removal, compatibility of office and
service on other boards, as well as any provisions of a local law/local
ordinance relating to training, continuing education, compensation
and attendance, shall also apply to alternate members.
Supersession of Town Law.
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I. This chapter is hereby adopted pursuant to the provisions of § 10
of the New York State Municipal Home Rule Law and § 10 of
the New York State Statute of Local Governments. It is the intent
of the Town Board, pursuant to § 10 of the New York State
Municipal Home Rule Law, to supersede the provisions of § 267
of the Town Law relating to the appointment of members to Town Zoning
Boards of Appeals.
[Amended 3-14-2016 by L.L. No. 8-2016]
A. Creation and organization. The Planning Board is hereby created.
The Planning Board shall consist of five members, each to be appointed
by the Town Board for five years. The initial appointments to the
Planning Board shall be for one-, two-, three-, four- and five-year
terms, established in such a manner so that not more than one appointment
shall be made to the Planning Board in any one year as a result of
term expiration. The Board shall appoint a Secretary and shall prescribe
rules for the conduct of its affairs in accordance with the Town Law.
The Town Board shall appoint a Chairman from this group.
B. The powers and duties of the Planning Board shall be as follows:
(1) To issue special use permits required by this chapter.
(2) Site plan review and approval.
[Added 3-14-2016 by L.L.
No. 9-2016]
A. Applicability. This section shall apply to the appointment, terms,
functions and powers of alternate members appointed to serve on the
Planning Board.
B. Planning Board alternate members.
C. In the event that a Planning Board member is absent for any reason,
an alternate member is hereby authorized to take the place of an absent
Planning Board member. In order for the alternate member to qualify
to take the place of an absent Planning Board member, that alternate
member must have been appointed at least one year prior to the date
he first acts as a voting member.
D. It is the desire of the Planning Board to have a full complement
of voting members at each meeting in which action is to be taken on
an application. In any instance where a voting member of the Planning
Board is absent, the use of an alternate member is hereby authorized
pursuant to the provisions of this section. In promulgating this section,
the Planning Board hopes to keep its alternates informed and active
in Town matters.
E. Definitions. As used in this section, the following terms shall have
the meanings indicated:
ALTERNATE MEMBER
An individual appointed by the Town Board who is utilized
when a regular member is unable to participate on an application or
matter before the respective board, as provided herein.
MEMBER
An individual appointed by the Town Board to serve on the
Town Planning Board pursuant to the provisions of the local law or
ordinance which first established such Planning Board.
PLANNING BOARD
The Planning Board of the Town of Lenox as established by
the Town Board, pursuant to the provisions of § 271 of the
Town Law.
Authorization; purpose; appointment; designation; duties and
responsibilities.
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F. The Town Board of the Town of Lenox hereby enacts this section to
provide a process for appointing alternate members of the Planning
Board. These individuals would serve when members are absent or unable
to participate on an application or matter before the respective board.
G. Alternate members of the Planning Board shall be appointed by the
Town Board for terms of one year, with the terms to expire on December
31 of each year.
H. The Chairperson of the Planning Board may designate an alternate
to substitute for a member when such member is unable to participate
on an application or matter before the Board. When so designated,
the alternate member shall possess all the powers and responsibilities
of such member of the Board. Such designation shall be entered into
the minutes of the initial Planning Board meeting at which the substitution
is made.
I. All provisions of state law relating to Planning Board member eligibility,
vacancy in office, removal, compatibility of office and service on
other boards, as well as any provisions of a local law/local ordinance
relating to training, continuing education, compensation and attendance,
shall also apply to alternate members.
Supersession of Town Law.
|
J. This section is hereby adopted pursuant to the provisions of § 10
of the New York State Municipal Home Rule Law and § 10 of
the New York State Statute of Local Governments. It is the intent
of the Town Board, pursuant to § 10 of the New York State
Municipal Home Rule Law, to supersede the provisions of § 271
of the Town Law relating to the appointment of members to Town Planning
Boards.
The Planning Board shall issue a special use permit for pet
cemeteries only after the following conditions have been met:
A. Application for special use permit shall include the approval and
signatures of 50% of all property owners and 50% of all the adult
population within a one-half-mile radius of the proposed site.
B. A forty-foot side and rear yard setback from adjoining properties
and a three-hundred-foot setback from all public highways shall be
observed.
C. Application for a special use permit shall include the written opinion
and approval of the New York State Health Department as to the burial
procedures necessary with regard to the proposed site.
The Planning Board shall issue a special use permit for a home
occupation only after the following conditions have been met:
A. Minimum lot size shall be met, with the exception of the Major Highway
District, where there shall be no minimum lot size for home occupations
within existing structures.
B. Off-street parking shall be provided in an amount and a location
satisfactory to the Planning Board.
C. No exterior evidence of the home occupation shall be allowed, with
the exception of a permitted sign, which must be attached to the premises.
D. The home occupation shall be clearly secondary to the use of the
building as a residence, taking up no more that 25% of the structure.
(If the activity is proposed for an existing garage or accessory building,
a maximum of 600 feet can be used for the home occupation.)
A special use permit from the Planning Board shall be required
prior to establishing a campground. In addition, campgrounds shall
comply with the following requirements unless varied by the Planning
Board during the site plan approval process when the size, location
and site conditions of the proposed campground so warrant.
A. A campground shall contain a minimum of 20 acres.
B. Each individual site for overnight camping shall contain a minimum
of 3,000 square feet.
C. The density of a campground shall not exceed eight sites per acre
of the gross land area.
D. In all campgrounds there shall be at least one recreation area which
shall be easily accessible from all campsites. The total of such recreational
area(s) shall be not less than 10% of the gross land area of the campground.
E. Access roads or campsites shall be designed to minimize congestion
and provide adequate space for maneuvering recreational vehicles.
F. All campgrounds shall comply with all applicable provisions of the
New York State Sanitary Code, except where provisions of this chapter
are more restrictive.
[Added 6-14-2021 by L.L. No. 1-2021]
A. Preexisting nonconforming lot of record. There exists in the Town
of Lenox a significant number of undeveloped parcels that were created
lawfully prior to the adopting of zoning regulations in the Town,
or at a time when their dimensions complied with the then applicable
zoning regulations, which parcels do not now comply with the geometric
requirements of the zoning district in which they are located. These
parcels are known as preexisting nonconforming lots of record.
B. No variances required. Subject to limitations set forth in Subsection
C below, no preexisting nonconforming lot of record will be required to obtain an area variance to address the minimum lot area, minimum lot width or minimum lot depth in order to obtain the right to be developed with a conforming use in the zoning district wherein it is located.
C. Current compliance required. Notwithstanding the exceptions outlined in Subsection
B above, any proposed building or structure on such a preexisting nonconforming lot of record shall still be required to comply with all current setback or other geometric or numerical requirements applicable to said proposed building's or structure's location on said lot.
Where any inconsistency exists between two similar requirements,
the more restrictive shall apply.
The following table shows the houses of significant historic
value in the Town of Lenox:
Buildings of Significant Historic Value in the Town of
Lenox
(excluding the Villages of Canastota and Wampsville)[Amended 11-14-1994 by L.L. No. 2-1994]
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Location
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Tax Map No.
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Route 5 West (north side)
|
43.07-2-33
|
|
43.07-2-11
|
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35.16-1-13
|
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43.01-2-15
|
|
43.07-2-18
|
|
43.07-2-13
|
|
43.00-1-13.1
|
Route 5 West (south side)
|
43.00-1-43
|
|
43.00-1-12.1
|
|
43.07-2-30
|
|
42.08-2-4
|
|
43.00-1-47
|
|
43.8-2-9.1
|
|
43.8-2-46.3
|
Route 5 East (south side)
|
44.22-2-8
|
|
44.00-1-44
|
Roberts Street Road
|
36-145
|
New Boston Road
|
35.00-1-5
|
Whitelaw
|
19.00-1-21
|
|
19.00-1-20
|
|
12-1-29
|
Messenger's Bay
|
12.00-1-10
|
|
12.22-1-20
|
South Bay
|
6.75-1-1
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Additional Sites:
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Erie Canal and Structures
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Oneida Lake Canal and Locks
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Quality Hill Green
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