A. 
Permit required. No building shall be constructed, erected or located, no existing building shall be expanded or added to in any way that would alter its exterior dimensions, and no use will be located, changed or expanded relative to the area occupied or involved by such use until a building/use permit therefor has been issued by the Enforcement Officer.
B. 
Application. There shall be submitted with all applications for a building/use permit those items of information and in the number set forth in § 306-36 of these regulations and such other information as may be necessary, in the judgment of the Enforcement Officer, to provide for the administration and enforcement of these regulations.
C. 
Notification of determination. The Enforcement Officer shall review the application and shall issue or refuse to issue the applied for building/use permit or advise the applicant of any required additional information or referral required within 10 working days of receipt of the application. Notice of refusal to issue any permit shall be given to the applicant in writing and shall state the reasons for said refusal. Approval of the application shall be indicated by issuance of the building/use permit.
D. 
Duration of validity. A building/use permit issued under these regulations shall be valid for a period of one year from the date of issuance. In the event that development authorized by the permit has not been commenced and diligently prosecuted within one year from date of issue, the permit shall automatically lapse and be null and void, except that the one-year limitation provided herein, upon written application by the owner or agent stating reasons for delay, may be extended by the Enforcement Officer for a period of one year. Any further applications for extension must be reviewed by the Planning Board. The Planning Board may extend the permit for such additional periods of time as deemed appropriate.
A. 
Certificate required. No project or action required to obtain a building/use permit above shall be occupied, opened, put into operation or be deemed complete and approved until a certificate of compliance shall have been issued by the Enforcement Officer.
B. 
Application. Application for a certificate of compliance shall be made coincidental with any application for a building/use permit. Such application shall be valid for the duration of the validity of the permit.
C. 
Notification of project completion. Upon completion of any project or action for which a building/use permit and certificate of compliance are required, it shall be the responsibility of the applicant to immediately notify the Enforcement Officer of such project completion.
D. 
Notification of determination. The Enforcement Officer shall inspect each project or action for which a certificate of compliance is required before issuing such certificate. A certificate of compliance shall be issued only if the proposed use of the building, system or land conforms to the provisions of these regulations and to the application based on which the building/use permit was issued. Issuance of the certificate or written notification of refusal to issue the same and the reasons therefor are to be accomplished within 10 working days from the date of notification of project completion.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
General provisions. The Planning Board, as created and described in Chapter 51, § 51-2, shall prescribe such rules for the conduct of its affairs as may be necessary to carry out its duties under these regulations.
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, special use permits and subdivisions.
(2) 
Submittal of an advisory opinion to the Zoning Board of Appeals for use and area variances.
(3) 
Submittal of an advisory opinion to the Town Board for proposed amendments to this chapter.
(4) 
Attach conditions and restrictions to an approved site plan that are reasonable, directly related and incidental to the site plan.
(5) 
All other powers granted by state law and this chapter.
C. 
Procedure.
(1) 
The Planning Board shall act in strict accordance with the procedures specified by this chapter.
(2) 
All applications made shall be made in writing on forms provided by the Town of Potsdam.
(3) 
Every decision of the Planning Board shall contain a full record of findings in the case.
(4) 
The concurring vote of a majority of the full membership of the Planning Board shall be necessary to approve site plans.
(5) 
The Planning Board may provide advisory opinions in the form of a positive recommendation or a negative recommendation and shall provide to the Zoning Board of Appeals or Town Board a reasonable explanation contained within the resolution in support of the Planning Board's opinion.
(6) 
The Planning Board may also withhold the submittal of an advisory opinion in instances where the Planning Board lacks a proper motion on which to vote.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
On application, the Planning Board may authorize the Enforcement Officer to grant a special use permit for any use for which approval of the Planning Board is required by these regulations.
B. 
The process for consideration of a special use shall be as follows:
(1) 
The nature and content of an application for a special use permit shall be as set forth in § 306-36A of this chapter. The Enforcement Officer shall determine the completeness of any application and shall notify the applicant within 10 working days of the date of submission if such application is incomplete or deficient in any way and shall further specify the deficiencies.
(2) 
Where any special use permit application involves lands within 500 feet of an adjoining municipality, state or county property or right-of-way, the application shall be referred to the St. Lawrence County Planning Board and acted upon in accord with the requirements of the applicable provisions of §§ 239-1 and 239-m of the General Municipal Law.
(3) 
The Planning Board shall schedule and hold a public hearing within 45 days of the date of submission of a complete application as reviewed by the Code Enforcement Officer. Public notice of said hearing shall be printed in a newspaper of general circulation in the Town at least five days prior to the date of the hearing. The Code Enforcement Officer shall, at least 10 days before such hearing, mail notices thereof to the applicant and to those landowners adjacent to the property, as well as any municipality within 500 feet.
(4) 
Notwithstanding any provisions of law to the contrary, where a proposed special use permit contains one or more features which do not comply with the zoning regulations, application may be made to the Zoning Board of Appeals without the necessity of a decision or determination of the Code Enforcement Officer.
(5) 
The Planning Board shall consider the application and render its decision within 45 days of the date of the hearing. These respective time frames may be extended only by mutual written agreement between the applicant and the Board.
(6) 
The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed special use permit. Upon its granting of said special use permit, any such conditions must be met in connection with the issuance of permits by the Enforcement Officer.
(7) 
Waiver of requirements. The Town Board may further empower the Planning Board, when reasonable, to waive any requirements for the approval, approval with conditions, or denial of special use permit application submitted for approval. Any such waiver, which shall be subject to appropriate conditions set forth in the ordinance or local law adopted pursuant to this section, may be exercised in the event any such requirements are found not to be requisite in the interest of the public health, safety or general welfare or inappropriate to a particular special use permit.
(8) 
The Planning Board shall comply with the provisions of the State Environmental Quality Review Act, referred to in Chapter 148.
(9) 
Notification of the Planning Board's decision to authorize or deny the permit and the reasons therefor will be given, in writing, to the Enforcement Officer, a copy filed with the Town Clerk within five working days of the date of the Board's decision and a copy of the Board's determination furnished to the applicant by the Town Clerk.
[Added 2-10-2004 by L.L. No. 1-2004]
A. 
Purpose. It is the objective of this section to provide a process for the examination, review and approval of site development plans. The goal is to reduce impacts of a development on adjacent properties and the community, to promote the orderly development of the area and district, and to insure public safety.
B. 
Uses requiring site plan review. The Town Planning Board is empowered to review and approve, modify or deny the issuance of any building or use permit for those uses required to have site plan review, as referenced in § 306-7 and notated on the Zoning Schedule.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Objectives. In considering and acting upon applications for site plan review, the Planning Board shall consider the safety, health and welfare of the public and may prescribe appropriate and reasonable conditions as required in order to meet the intent of this chapter. In particular, the Planning Board shall consider:
(1) 
Traffic access. All proposed traffic access points, driveways and interior streets and roads are adequate in width, grade, alignment and visibility so as to promote the safe and efficient flow of traffic between the parcel and the adjacent roads, or street(s) are situated in a manner to promote pedestrian safety and minimize the number of access points with highways. Shared driveways, shared access roads, cross access (between adjoining parcels) and related measures are to be encouraged.
(2) 
Traffic circulation on the site. The interior circulation system shall be adequate to provide safe and efficient access to off-street parking areas and to the highway right-of-way. Traffic barriers, traffic islands, directional signage, or other measures may be used to provide for safe and efficient traffic circulation. Adequate fire lanes shall be provided.
(3) 
Landscaping and screening.
(a) 
Landscaping and screening shall be used to improve the visual character of a development by obscuring or softening incompatible views, allowing for stormwater infiltration, and providing adequate buffer areas between the development and adjacent parcels. Landscaping and screening may include vegetative cover, including trees and shrubs, earth contours, such as berms, or constructed materials, such as fences.
(b) 
No landscape feature, including any fence, wall, and solid screen or planting shall be so located as to impede visibility or otherwise reduce traffic or pedestrian safety.
(c) 
All disturbed soil areas shall be replanted or reseeded in an appropriate fashion and maintained in a healthy growing condition.
(d) 
Developments with parking lots over two acres in size shall provide a landscaping plan incorporating landscaped traffic islands designed to soften the overall appearance of the parking area.
(4) 
Drainage. Stormwater drainage and snow storage, including roof drainage, shall be according to acceptable standards. The Planning Board may require curbing, storm basins, detention or retention ponds or other site features in order to reduce or control runoff. Engineered drawings or specifications showing the drainage plan may be required at the request of the Planning Board. The Board may require appropriate temporary measures to control erosion during construction. Permanent measures may also be required to maintain water quality (such as sediment ponds, oil and water separation, etc.) as appropriate.
(5) 
Lighting. Outdoor lighting shall be installed in such a manner as to adequately protect adjacent properties and traffic from excessive glare and light pollution. The Planning Board may consider the height, location, direction and style of lighting in the reduction of impacts on adjacent properties. Lighting levels shall be adequate for safe pedestrian and vehicle movement.
(6) 
Signage. Consistent with the requirements of this Code, including § 306-9H, signage shall be of a type and location on the site to minimize impacts on the visibility of adjacent properties, allow for safe movement of pedestrians and vehicle traffic, particularly near intersections and rights-of-way, and provide a visual appearance consistent with the orderly development of the district.
(7) 
Building design and location. The location of buildings, including accessory buildings, shall be designed in order to promote the orderly development of a parcel and the district, and be done in such a manner as to not impede future orderly development of the parcel or the district. Building design features, including facade, bulk and height, shall be appropriate for their function and contribute to orderly development. The design shall not unreasonably block or diminish another property's access to sunlight, or air circulation, or public infrastructure.
(8) 
Infrastructure. Infrastructure installed by the applicant with the intention that post-construction ownership and/or maintenance would become the responsibility of the Town, or infrastructure that may have the reasonable expectation of becoming the Town's in the future, shall be engineered and constructed to appropriate municipal standards, as determined by the Town Planning Board and with consultation with the Town Engineer or other authorized professional. As-built drawings of the infrastructure shall be provided to the Town Clerk following completion of the project.
(9) 
Snow removal and storage. Adequate space shall be provided for snow storage in a location which provides for traffic and pedestrian safety.
D. 
Procedure. Site plan reviews shall be administered according to the following procedure:
(1) 
Administration.
(a) 
The Enforcement Official shall determine that the general submission requirements of any application for a use requiring site plan review have been met and shall notify the applicant within a period of seven business days of the date of the application's submission of any deficiencies in the materials provided.
(b) 
The Planning Board, or a subcommittee of the Planning Board, may hold a preapplication conference with the applicant to review the design concept and to determine the information to be required for the final site plan. The applicant may also request a preapplication conference.
(c) 
Within 62 days of the date of an application for site plan review, the Planning Board shall approve, approve with conditions, or deny the application. An extension of the sixty-two-day period may be granted with the mutual consent of the applicant and the Board. Failure by the Planning Board to take action within the sixty-two-day period or an extension shall result in the plan being approved.
(d) 
Review of an application for site plan review and a determination by the Planning Board may occur following a legally advertised public hearing, at the discretion of the Planning Board, at which time the applicant or representative and members of the public may comment. Such hearing must be advertised not fewer than 10 days from the date advertised.
(e) 
Notice of the Planning Board's decision shall be given to the Enforcement Officer, who shall issue a permit, a permit with conditions, or a denial, per the determination of the Board.
(f) 
A copy of the Planning Board's determination shall be attached to the final site plan and filed with the Town Clerk, with a copy provided to the applicant, upon request.
(g) 
When the location and circumstances of the application require a submittal to the County Planning Board, per § 239-m of the General Municipal Law, the Enforcement Officer shall coordinate the review procedures to provide for a timely review.
(2) 
Required submissions. Unless waived by the Planning Board, the following submittals are required as part of an application for site plan review:
(a) 
An application with the name, address of the applicant, address of the proposed project, and a description of the type and extent of the proposed use.
(b) 
A site plan drawn to scale, on a minimum eight-and-one-half-inch-by-eleven-inch page with a scale, at minimum, of one inch equal to 20 feet, showing the location and dimensions of existing and proposed structures, parking areas (including the number of parking spaces and the location of handicap designated spaces), signage, utilities, landscaping and the dimensions of the parcel. The plan should also show the existing and proposed contours, providing an indication of the proposed drainage plan.
(c) 
Building elevations drawn to a scale of at least one inch equals 10 feet.
(d) 
A description and drawing of the signage, showing materials, color, content details.
(e) 
The Planning Board reserves the right to request, as part of an application for site plan review, a site plan prepared and stamped by a licensed engineer, architect or landscape architect, or other documents or materials providing additional information on lighting, traffic, drainage, or other conditions related to site plan review.
(3) 
Conditions attached to the approval of site plans. The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to an application for site plan review. Upon its approval of a site plan application any such conditions must be met in connection with the issuance of permits by the Enforcement Officer.
(4) 
Waiver of requirements. The Town Board may further empower the Planning Board, when reasonable, to waive any requirements for the approval, approval with conditions, or denial of site plan applications submitted for approval. Any such waiver, which shall be subject to appropriate conditions set forth in the ordinance or local law adopted pursuant to this section, may be exercised in the event any such requirements are found not to be requisite in the interest of the public health, safety or general welfare or inappropriate to a particular site plan.
(5) 
Application for area variance. Notwithstanding any provision of law to the contrary, where a site plan application contains one or more features which do not comply with the Town's zoning regulations, application may be made to the Town Zoning Board of Appeals for an area variance pursuant to § 267-b of General Town Law, without the necessity of a decision or determination of the Enforcement Officer.
(6) 
Compliance with SEQRA. The Planning Board shall comply with the provision of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law.
(7) 
Court review. Any person aggrieved by a decision of the authorized board or any officer, department, board or bureau of the Town may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules. Such proceedings shall be instituted within 30 days after the filing of a decision by such board in the office of the Town Clerk.
(8) 
Costs. Costs shall not be allowed against the Town Planning Board unless it shall appear to the court that it acted with gross negligence, in bad faith, or with malice in making the decision appealed from.
(9) 
Preference. All issues addressed by the court in any proceeding under this section shall have preference over all civil actions and proceedings.
[Amended 2-9-1993 by L.L. No. 1-1993[1]]
A. 
General provisions.
(1) 
The Zoning Board of Appeals, as created and described in Chapter 51, § 51-3, shall prescribe such rules for the conduct of its affairs as may be necessary to carry out its duties under these regulations. The Board shall conduct itself according to the following:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(a) 
Meetings. All meetings of the Board of Appeals shall be held at the call of the Chairman and at such other times as a majority of the members of the full Board may determine. All meetings of the Board of Appeals shall be open to the public.
(b) 
Records. The Board shall keep minutes of its proceedings, including its examinations, findings and official actions, and shall record the vote of each member upon every question put to vote or, if absent or failing to vote, indicating such fact. All decisions of the Board shall be recorded in the minutes, which shall fully set forth the reasons for the decision of the Board and the findings of fact on which the decision was based, and an appropriate record of every official determination of the Board shall be on file in the office of the Town Clerk.
(c) 
Voting requirements. The concurring vote of a majority of the full membership of the Board of Appeals shall be required to constitute an official action by the Board. Where an action is the subject of a referral to the county planning agency, upon denial of the application by the same, a majority of the full Board plus one is needed for an approval [Town Law § 267-a, Subdivision 13(a)].
(d) 
Eligible applicant or appellant. An application or appeal to the Board of Appeals may be initiated by any person or party aggrieved under or with a legitimate interest in these regulations, including the Town and its officials. An appeal for an interpretation or variance may be made only after a determination and notification of action taken by the Enforcement Officer or other body of original jurisdiction, except where such appeal is instituted by an official of the Town.
(2) 
Filing requirements. Every rule or regulation, every amendment or repeal thereof and every order requirement, decision or determination of the Board of Appeals shall immediately be filed in the office of the Town Clerk and shall be a public record.
(3) 
Assistance to Board of Appeals. The Board shall have the authority to call upon any department, agency or employee of the Town for such assistance as shall be deemed necessary and as shall be authorized by the Town Board.
(4) 
Hearing appeals. Unless otherwise provided by local law or ordinance, 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 an administrative official charged with the enforcement of any ordinance or local law adopted pursuant to this article. 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 any such administrative official 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 Town.
(5) 
Time of appeal. Such appeal shall be taken within 60 days after the filing of any order, requirement, decision, interpretation or determination of the administrative officer charged with the enforcement of such ordinance or local law by filing with such administrative official and with the Board of Appeals a notice of appeal specifying the grounds thereof and the relief sought. The administrative official 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.
(6) 
Stay upon appeal. An appeal shall stay all proceedings in furtherance of the action appealed from unless the administrative official charged with enforcement of such ordinance or 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 administrative official, that by reason of the 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 administrative official from whom the appeal is taken and on due cause shown.
(7) 
Hearing on appeal. The Board of Appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it and shall give public notice thereof by the publication in a paper of general circulation in the Town of a notice of such hearing, at least five days prior to the date thereof.
(8) 
Time of decision. The Board of Appeals shall decide upon the appeal within 62 days after the conduct of said hearing. The time within which the Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Board.
(9) 
Filing of decision and notice. The decision of the Board of Appeals on the appeal shall be filed in the office of the Town Clerk within five business days after the day such decision is rendered and a copy thereof mailed to the applicant.
(10) 
Notice of park commission or planning agency. At least five days before such hearing, the 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 § 239-m of the General Municipal Law.
(11) 
Compliance with State Environmental Quality Review Act. The 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 6 NYCRR 617.
B. 
Powers and duties. The Board of Appeals shall have all the powers and duties prescribed by law and by these regulations. In particular, the powers of the Board of Appeals are as follows:
(1) 
Interpretations, requirements, decisions, determinations. The Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation or determination appealed from and shall make such order, requirement, decision, interpretation or determination as, in its opinion, ought to have been made in the matter by the administrative official charged with the enforcement of such ordinance or local law and, to that end, shall have all the powers of the administrative official from whose order, requirement or decision the appeal is taken.
(2) 
Use variance.
(a) 
The Board of Appeals, on appeal from the decision or determination of the administration official charged with the enforcement of such ordinance or local law, 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 the ordinance or local law.
(b) 
No such use variance shall be granted by the 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 Board of Appeals that:
[1] 
Under applicable zoning regulations, the applicant is deprived of all economic use or benefit from the property in question, which deprivation must be established 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 district or neighborhood.
[3] 
The requested use variance, if granted, will not alter the essential character of the neighborhood.
[4] 
The alleged hardship has not been self-created.
(c) 
The 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 proven by the applicant and, at the same time, shall preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
(3) 
Area variances.
(a) 
The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of an administrative official charged with the enforcement of such ordinance or local law, to grant area variances from the area or dimensional requirements of such ordinance or local law.
(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 district.
[5] 
Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Appeals but shall not necessarily preclude the granting of the area variance.
(c) 
The 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, shall preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
(4) 
Imposition of conditions. The Board of Appeals shall, in the granting of both the use variance and 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 or the period of time such variance shall be in effect. Such conditions shall be consistent with the spirit and intent of the Zoning Ordinance or local law and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
C. 
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 reheard 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 reheard order, decision or determination will not be prejudiced thereby.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1) 
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 enforcement official within the time allowed by Subsection A(8) of this section, 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 above in this Subsection C, Rehearing.
D. 
Appeal to Supreme Court.
(1) 
Application to Supreme Court by aggrieved persons. 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 review by a proceeding under Article 78 of the Civil Practice Laws and Rules. Such proceeding shall be instituted within 30 days after the filing of a decision of the Board in the office of the Town Clerk.
(2) 
Costs of appeal. Costs shall not be allowed against the Board of Appeals unless it shall appear to the Court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from.
(3) 
Preference of appeal to Court. All issues in any proceeding under this subsection shall have preference over all other civil actions and proceedings.
(4) 
Power of Court. If, upon the hearing at a Special Term of the Supreme Court, it shall appear to the Court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the Court with his or her findings of fact and conclusions of law, which shall constitute a part of the proceeding upon which the determination of the Court shall be made. The Court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.
[1]
Editor's Note: This local law also provided, as Appendix A: "'Use variance' shall mean the authorization by the Zoning Board of Appeals for the use of land in a manner or for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations. 'Area variance' shall mean the authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or topographical requirements of the applicable zoning regulations."
[Amended 2-9-1993 by L.L. No. 1-1993[1]]
A. 
Amendments. The Town Board may, on its own motion, on petition or on recommendation of the Town Planning Board, amend these regulations pursuant to the applicable requirements of law.
B. 
Referral to Planning Board. All proposed amendments shall be referred to the Planning Board for a report and a recommendation. The Planning Board may submit its report within 30 days after receiving such referral. Failure of the Planning Board to report within the required time shall be deemed to constitute its recommendation for approval of the proposed amendment.
C. 
Publication of meeting notice. At least 10 days prior to a public hearing to consider zoning amendments, a notice of the time and place of such hearing shall be published in a paper of general circulation in such Town.
D. 
Service of written notice. At least 10 days prior to the date of the public hearing, written notice of any proposed regulations, restrictions or boundaries of such districts, including any amendments thereto, affecting property within 500 feet of the following shall be served personally or by mail by the Town upon each person or persons listed below:
(1) 
The property of the housing authority erecting or owning a housing project authorized under the Public Housing Law: upon the executive director of such housing authority and the chief executive officer of the municipality providing financial assistance thereto.
(2) 
The boundary of a city, village or Town: upon the Clerk thereof.
(3) 
The boundary of a county: upon the Clerk of the Board of Supervisors or other persons performing like duties.
(4) 
The boundary of a state park or parkway: upon the regional state park commission having jurisdiction over such state park or parkway.
E. 
Additional requirements. The procedural requirements set forth herein shall be in addition to the requirements of the provisions of §§ 239-l and 239-m of the General Municipal Law relating to review by a county, metropolitan or regional Planning Board; the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations which are codified in 6 NYCRR 617 and any other general laws relating to land use and any amendments thereto.
F. 
Public hearing. The public, including those served notice pursuant to Subsection D of this section, shall have an opportunity to be heard at the public hearing. Those parties set forth in Subsection D(1), (2), (3) and (4) of this section, however, shall not have the right of review by a court, as hereinafter provided.
G. 
Vote. After the public hearing and referral to the Town Planning Board, a majority vote of the members of the Town Board shall be required to amend these regulations. In the case of a protest against such change signed by the owners of 20% or more of the land area included in the proposed change, such amendment shall not become effective except by the favorable vote of a least 3/4 of the members of the Town Board.
H. 
Filing and effective date.
(1) 
Upon adoption or approval of a modification to this chapter, the Town Board must file a copy with the Town Clerk and must publish the ordinance or amendment or a summary or abstract thereof in a newspaper designated by the Town Board as having general circulation in the Town.
(2) 
The Town Board shall also file the law or amendment thereof with the Office of the Secretary of State. The law or amendment shall take effect upon filing with the Office of the Secretary of State or 10 days after publication of the amendment, whichever occurs later.
[1]
Editor's Note: Said local law also provided, as Appendix A: "'Use variance' shall mean the authorization by the Zoning Board of Appeals for the use of land in a manner or for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations. 'Area variance' shall mean the authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or topographical requirements of the applicable zoning regulations."
A. 
Enforcement. These regulations shall be administered by a person called the "Enforcement Officer," designated by the Town Board, who shall not grant any permit or certificate where any proposed project or installation would be in violation of any provision of these regulations. The Enforcement Officer shall establish procedures and make inspections as are necessary to carry out his duties in the administration and enforcement of these regulations. Further, the Enforcement Officer shall prepare and submit a written record and report of all official actions, including permits and certificates issued and denied, to the Town Board on a monthly basis or as otherwise directed by the Town Board, with copies transmitted to the Planning Board and the Board of Appeals.
B. 
Citizen complaint. Any resident, property owner or other person of legitimate interest may file with the Enforcement Officer a written signed complaint against any alleged violation of these regulations. It shall be the duty of the Enforcement Officer to investigate such alleged violation and to report to the Planning Board and Town Board in a timely manner, which report shall be filed and be part of the public record of the Town.
C. 
Notification and correction. Any building or use which does not comply with these regulations shall be so recorded by the Enforcement Officer and a report thereof filed with the Town Board. The Enforcement Officer, at the direction of the Town Board, shall give official written notice to this effect to the owner of record. The owner shall initiate measures to correct such noncompliance within 30 days from the date of notification. If, within this thirty-day period, application is not made to initiate a process for correction and if thereafter such correction is not pursued according to an agreed-upon timetable and to the satisfaction of the Town Board, the Town Board shall instruct the Town Attorney to institute proceedings to compel compliance and assess such penalties as are provided for below in accord with the provisions hereinafter set forth for the violation of these regulations.
D. 
Violations and penalties shall be as follows:
(1) 
Any person or persons who are responsible for any acts contrary to the provisions of these regulations and who have not complied with the direction to remedy such noncompliance shall be guilty of the violation of these regulations and, upon conviction, shall be subject to penalties.
(2) 
Any person or persons who violate any provision of these regulations shall, upon conviction for such violation, be subject to a fine not to exceed $250 or imprisonment not to exceed 15 days, or both, for each such violation; and every week (seven days) that said violation continues shall constitute a separate and additional instance of violation.
(3) 
In addition to the above-provided penalty and punishment, the Town Board shall also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of these regulations.
A. 
Appeal. All appeals for relief from the application of these regulations in matters of interpretation or request for variance shall be directed to the Board of Appeals, whose duties and procedure for consideration of appeal are as set forth in § 306-30 of these regulations. Where the Board of Appeals finds that practical difficulty or unnecessary hardship may result from strict compliance with these regulations, it may vary the regulations so that substantial justice may be done and the public interest secured, provided that such variations will not have the effect of nullifying the intent and purpose of these regulations or the Town Plan. In granting such variance, the Board of Appeals shall require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied.
B. 
Court review. Any person or persons, jointly or severally aggrieved by any decision of the Planning Board, Board of Appeals, Town Board or any official instrument of the Town in the administration of these regulations may apply to have the decision reviewed in the manner provided by Article 78 of the Civil Practice Law and Rules, provided that the proceedings are commenced within 30 days after the filing of the decision in the office of the Town Clerk. Costs shall not be allowed against the Town unless it appears to the court that the Town or its representatives acted with gross negligence or in bad faith or with malice in making the decision appealed from.
A. 
Interpretation. Terms and words used herein are defined in § 306-35 of these regulations. In their interpretation and application, the provisions of these regulations shall be held to be minimum requirements, adopted for the promotion of the public health, safety or the general welfare. Whenever the requirements of these regulations are at variance with the requirements of any other lawfully adopted rules, regulations or ordinance, the most restrictive or that imposing the highest standard shall govern.
B. 
Severability. The invalidity of any provision of these regulations shall not invalidate any other provision thereof.
C. 
Invalidity. No approval, permit or certificate authorized or granted by an official of the Town in contradiction to the provisions of these regulations shall vest any rights or interest to the recipient, irrespective of any action taken or obligation incurred in reliance on such authorization, nor shall the Town be liable for the same under any such invalid authorization.
D. 
Liability. Nothing in these regulations, including the issuance of a building/use permit, certificate of compliance, special use permit or sign permit, shall be construed to ensure or in any way guarantee any building, structure, improvement or installation against defect, failure or other shortcoming, and the Town shall not be liable for the same.
E. 
Fees. A schedule of fees for the administration of these regulations in consideration of an application for any building/use permit, certificate of compliance, special use permit, sign permit, variance or amendment shall be as established by resolution of the Town Board.[1]
[1]
Editor's Note: The current fee resolution is on file in the office of the Town Clerk.
F. 
Repealer. Any existing local ordinances, laws, statutes, resolutions or regulations or portions thereof in conflict with the provisions of this chapter are hereby repealed.
G. 
Chapter of the Code of the Town of Potsdam. These regulations are included in the Code of the Town of Potsdam as Chapter 306, Zoning.
H. 
When effective. The Town of Potsdam Zoning Regulations shall become effective at the time and in the manner provided by law.