In interpreting and applying the provisions of this chapter,
they shall be held to be the minimum requirements for promoting the
health, safety, morals and the general welfare of the Village of Monticello.
Whenever the requirements of this chapter are at variance with the
requirements of any other lawfully adopted rules, regulations or ordinances,
the most restrictive or that imposing the higher standards shall govern.
A.
The provisions of this chapter shall be enforced by an agent to be
appointed by the Village Board of Trustees, who shall be known as
the "Zoning Officer." It shall be the duty of the Zoning Officer to
issue permits as herein provided; to keep a record of all applications
for permits and a record of all permits issued, with notation of all
special conditions involved; and to check performance under permits
issued for conformity to permit authorizations. He shall file and
safely keep copies of all plans submitted, and the same shall form
a part of the records of his office and shall be available for the
use of the Board of Trustees and other officials of the Village of
Monticello. The Zoning Officer shall issue no permit for the construction,
location or use of any building or for the use of any land unless
it conforms also to the requirements of all other ordinances of the
Village of Monticello.
B.
The Zoning Officer shall refer to the Planning Board for review all applications for a special use as provided by § 280-12 of this chapter.
C.
All such proposals shall be referred to the Planning Board. The Planning
Board shall conduct a public hearing within 62 days from the day an
application is received on any matter referred to it under this section.
Public notice of said hearing shall be printed in a newspaper of general
circulation in the Village at least five days prior to the date thereof.
The authorized board shall decide upon the application within 62 days
after the conduct of the hearing. The Planning Board may approve,
disapprove or modify and amend the proposal and place such conditions
thereon as it deems necessary. The time within which the authorized
board must render its decision may be extended by mutual consent of
the applicant and the Planning Board. The decision of the Planning
Board on the application after the holding of the public hearing 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.
Zoning permits shall hereafter be secured from the Zoning Officer
prior to construction, erection or alteration of any building or part
of building or of any stationary sign or billboard larger than 40
square feet, and prior to any change in the use of land from that
of one classification to another. All requests for zoning permits
shall be made in writing by the owner or his authorized agent and
shall include a statement of the use or intended use of the building
or buildings or land and shall be accompanied by a plan, drawn to
scale, showing the proposed building or use in its exact relation
to property lines and to street or road lines, and by a written statement
from a qualified engineer, or by other satisfactory evidence, to the
effect that the line of the bounding street or road has been accurately
located and staked on the ground. An application for a zoning permit
shall be acted upon within 10 days after receipt thereof.
No building hereafter constructed, erected or altered under a zoning permit shall be occupied or used in whole or in part for any use whatsoever, and no change of use of any building or part of building or of any land shall hereafter be made, until a certificate of occupancy has been issued by the Zoning Officer, indicating that the building or use complies with the provisions of this chapter and Chapter 105, Building Code Administration and Enforcement, of the Code of the Village of Monticello and with the terms of the zoning permit issued. A certificate of occupancy shall be granted or denied within 10 days after receipt of written application therefor.
The Zoning Officer shall issue all permits for special uses after approval on the special use permit application has been granted by the Planning Board as provided by § 280-12 of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Subject to New York State Village Law, the Board of Trustees
may, from time to time, on its own motion or on petition, amend, supplement
or change the regulations and the districts herein provided. In case,
however, of a protest against such change, signed by the owners of
20% or more of the area of the land included in a proposed change
of district, or by the owners of 20% or more of the land immediately
adjacent extending 100 feet therefrom, or by the owners of 20% or
more of the land directly opposite thereto extending 100 feet from
the street frontage of such opposite land, such amendment shall not
become effective except by the favorable vote of the Board of Trustees.
Further, all such proposed changes in regulations or in districts
shall be referred by the Board of Trustees to the Village Planning
Board for report thereon not less than 30 days prior to final adoption
thereof by the Board of Trustees.
A.
There is hereby created a Zoning Board of Appeals of five members,
to be appointed by the Village Manager. Of the initial appointees
to the Zoning Board of Appeals, one shall serve until the first day
of April following the date of the chapter, one until the first day
of the second April thereafter, one until the first day of the third
April thereafter, one until the first day of the fourth April thereafter
and one until the first day of the fifth April thereafter. Their successors
shall be appointed, upon the expiration of their respective terms,
to serve five years. The Village Manager shall have the power to remove
any member of the Zoning Board of Appeals for cause and after public
hearing. Vacancies shall be filled for the unexpired term of the member
whose place has become vacant. All meetings of the Zoning Board of
Appeals shall be held at the call of the Chairman and at such other
times as such Board may determine. Such Chairman or, in his absence,
the Acting Chairman may administer oaths and compel the attendance
of witnesses. All meetings of such Board shall be open to the public.
Such Board shall keep minutes of its proceedings showing the vote
of each member upon every question, or if absent or failing to vote,
indicating such fact, and shall also keep records of its examinations
and other official actions. Every rule, regulation, every amendment
or repeal thereof and every order, requirement, decision or determination
of the Board shall immediately be filed in the office of the Board
and shall be a public record.
B.
Such Zoning Board of Appeals shall hear and decide appeals from and
review any order, requirement, decision or determination made by an
administrative official charged with the enforcement of this chapter.
It shall also hear and decide all matters referred to it upon which
it is required to pass under this chapter. The concurring vote of
a majority of the Board shall be necessary to reverse any order, requirement,
decision or determination of any such administrative official, or
to decide in favor of the applicant any matter upon which it is required
to pass under this chapter, or to effect any variation from this chapter.
Such appeal may be taken by any person aggrieved or by an officer,
department, board or bureau of the Village.
C.
Such appeals to the Zoning Board of Appeals shall be taken within
such time as shall be prescribed by the Board by general rule by filing
with the officer from whom the appeal is taken and with the Zoning
Board of Appeals a notice of appeal specifying the grounds thereof.
The officer from whom the appeal is taken shall forthwith transmit
to the Board all of the papers constituting the record upon which
the action appealed from was taken.
D.
An appeal stays all proceedings in furtherance of the action appealed
from, unless the officer from whom the appeal is taken certifies to
the Zoning Board of Appeals, after the notice of appeal shall have
been filed with him, that by reason of facts stated in the certificate
a stay would, in his opinion, cause imminent peril to life or property,
in which case proceedings shall not be stayed otherwise than by a
restraining order which may be granted by the Zoning Board of Appeals
or by a court of record upon application, or notice to the officer
from whom the appeal is taken and on due cause shown.
E.
The Zoning Board of Appeals shall fix a reasonable time for the hearing
of appeals and give due notice thereof to the parties and decide the
same within a reasonable time. At the hearing, any person may appear
in person or by agent or attorney. The Zoning Board of Appeals may
reverse or affirm, wholly or partly, or may modify the order, requirement,
decision or determination appealed from and shall make such order,
requirement, decision or determination as in its opinion ought to
be made in the premises and, to that end, shall have all the powers
of the officer from whom the appeal is taken. Where there are practical
difficulties or unnecessary hardships in the way of carrying out the
strict letter of this chapter, the Zoning Board of Appeals shall have
the power, in passing upon appeals, to vary or modify the application
of any of the regulations or provisions of this chapter relating to
the use, construction or alteration of buildings or structures or
the use of land so that the spirit of this chapter shall be observed,
public safety and welfare secured and substantial justice done.
F.
Upon any application to the Zoning Board of Appeals for a variance,
the applicant for the variance must notify all property owners within
a radius of 300 feet of the property for which the variance has been
requested of the hearing to be held by the Zoning Board of Appeals.
Such notice shall be sent by certified mail, return receipt requested,
to all of said property owners as their names may appear on the tax
roll of the Village of Monticello. It shall be the duty of the applicant
for the variance to ascertain the names of the property owners and
to effect service of the notice required hereunder. No variance may
be granted, nor any hearing conducted on the request for the variance,
unless and until the applicant shall submit satisfactory proof to
the Zoning Board of Appeals that it has complied with the terms and
provisions hereof.
G.
Any person or persons jointly or severally aggrieved by any decision
of the Zoning Board of Appeals, or any officer, department, board
or bureau of the Village, may present to a court of record a petition,
duly verified, setting forth that such decision is illegal, in whole
or in part, specifying the grounds of the legality. Such petition
must be presented to the court within 30 days after the filing of
the decision in the office of the Board.
H.
Upon the presentation of such petition, the court may allow a writ
of certiorari directed to the Zoning Board of Appeals to review such
decision of the Zoning Board of Appeals and shall prescribe therein
the time within which a return thereto must be made and served upon
the realtor's attorney, which shall not be less than 10 days and may
be extended by the court. The allowance of the writ shall not stay
proceedings upon the decision appealed from, but the court may, upon
application or notice to the Zoning Board of Appeals and on due cause
shown, grant a restraining order.
I.
The Zoning Board of Appeals shall not be required to return the original
papers acted upon by it, but it shall be sufficient to return certified
or sworn copies thereof or such portions thereof as may be called
for by such writ. The return must concisely set forth such other facts
as may be pertinent and material to show the grounds of the decision
appealed from and must be verified.
J.
If, upon the hearing, 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 findings of fact and conclusions
of law, which shall constitute a part of the proceedings 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.
K.
Costs shall not be allowed against the Board 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.
L.
All issues in any proceeding under this section shall have preference
over all other civil actions and proceedings.
A.
In any proceeding before the Zoning Board of Appeals or the Planning
Board, if it becomes necessary for the Village or its Boards to hire
expert consultants in connection with surveying, engineering, architecture
or other construction questions in considering the application and
the disposition to be made thereof, the applicant shall, as a condition
to such proceeding and upon written demand therefor by the Village
or its Board, reimburse the Village for the reasonable fees and charges
of any and all such consultants.
B.
Reimbursement to the Village of such charges by the applicant shall
be a condition precedent to the determination of the Village of such
application as may be pending.
C.
Further, by making any such application, the applicant shall be deemed
to have consented to the Village imposing such charges. Should the
applicant fail to reimburse the Village therefor, such charges shall
be certified by the Village Board in question or the Village Clerk
to the Assessor, whose duty it is to assess and levy taxes for said
Village, and such charges shall thereupon be and become a first and
paramount lien upon the premises which is the subject of such application
and shall be added to, recorded and collected in the same manner as
the taxes next to be assessed and levied against such premises.
D.
Applicant shall provide an escrow, hold harmless and insurance agreement
in form adopted by the Board of Trustees, make all required escrow
deposits at the time of submission of application, and refresh the
escrow as required during the course of all proceedings before the
Zoning Board of Appeals or the Planning Board, during the course of
construction and as a condition of issuance of any approval, decision,
certificate of occupancy or certificate of compliance.
A.
There shall be a Planning Board of five members. The members and
Chairperson of such Planning Board shall be appointed by the Village
Manager. The Village Manager shall also appoint an Acting Chairperson
who would act as the Chairperson in the absence of the Chairperson
or in the event the Chairperson must recuse themselves.
B.
Members shall be appointed for terms of five years. If a vacancy
shall occur otherwise than by expiration of the term, it shall be
filled by the Village Manager by appointment subject to the approval
of the Board of Trustees for the unexpired term.
C.
Meetings shall be held at the call of the Chairman or at such other
times as the Planning Board may determine. A quorum shall consist
of three members. The Board shall keep minutes of its proceedings
showing the vote of each member upon each question and shall keep
records of its examinations and other official actions. Minutes and
determinations of the Planning Board shall be filed with the Village
Clerk.
D.
The Planning Board shall review and approve all site plans and special
use permits complying with the applicable provisions of this Code
and other applicable state and federal laws and rules and regulations.
