There is hereby established the office of Code Enforcement Officer.
He is hereby given the power, duty and authority to enforce the provisions
of this chapter and any other laws or regulations as directed by the
Town Board. He or she shall have the power to make inspections of
buildings and premises necessary to carry out his or her duties in
the enforcement of this chapter. He or she shall examine all applications
for permits, issue permits for the construction, alteration, enlargement
and occupancy of all uses which are in accordance with the requirements
of this chapter, record and file all applications for permits with
accompanying plans and documents and make such reports as may be required.
A.
Purpose. To ensure compliance with the provisions of this chapter,
no person shall erect, alter, convert or demolish any structure or
building, or part thereof, nor alter the use of any land subsequent
to the adoption of this chapter until a building permit has been issued
by the Code Enforcement Officer.
B.
Permitted uses. Unless otherwise specified herein, all applications
for permitted uses shall be accompanied by plans, in duplicate, drawn
to scale, showing the actual shape and dimensions of the lot to be
built upon, the exact size and location of any building and accessory
buildings, sign, parking or loading area or other physical feature
and such other information as may be necessary to determine and provide
for enforcement of this chapter.
C.
Special permitted uses. All applications for uses requiring a special
permit shall be accompanied by plans and other such information as
may be required by the Zoning Board of Appeals or Planning Board in
accordance with this chapter.
D.
Water supply and sewage disposal. All water supply and sewage disposal
installations that are not connected to public systems shall conform
with New York State Department of Health regulations. No plot plan
shall be approved by the Code Enforcement Officer or Planning Board
in any district unless such conformity is certified on the plan.
E.
Issuance of permits.
(1)
It shall be the duty of the Code Enforcement Officer to issue
a building permit, provided he or she is satisfied that the structure,
building, sign, parking area, and the proposed use thereof, conform
with all requirements of this chapter, and that all other reviews
and actions, if any, called for in this chapter have been complied
with and all necessary approvals secured therefor.
(2)
All building permits shall be issued in duplicate and one copy
kept conspicuously on the premises affected and protected from the
weather whenever construction work is being performed thereon. No
owner, contractor, workman or other person shall perform any building
operations of any kind unless a building permit covering such operation
has been displayed as required by this chapter, nor shall they perform
building operations of any kind after notification of the revocation
of said permit.
F.
Denial of permits. When the Code Enforcement Officer is not satisfied
that the applicant's proposed development will meet the requirements
of this chapter, he shall refuse to issue a building permit and the
applicant may appeal to the Zoning Board of Appeals for a reversal
of the inspector's decision.
G.
Expiration of building permit. Construction for which a permit is
issued shall be commenced within six months of the date of issuance
of the permit and completed within 15 months of date of issuance.
After such time, a building permit shall expire. Upon expiration of
a permit, application may be made for a new permit, which shall be
issued upon payment of the established fee and shall be valid for
a period of six months from the date of issuance.
H.
Revocation of permits. If it shall appear, at any time, to the Code
Enforcement Officer that the application or accompanying plan is in
any material respect false or misleading, or that work is being done
upon the premises differing materially from that called for in the
application filed with him under existing laws or ordinances, he may
forthwith revoke the building permit, whereupon it shall be the duty
of the person holding the same to surrender it and all copies thereof
to the Code Enforcement Officer. After the building permit has been
revoked, the Code Enforcement Officer may, in his discretion, before
issuing the new building permit, require the applicant to file an
indemnity bond in the favor of the Town of Lyons with sufficient surety
conditioned for compliance with this chapter and all building laws
and ordinances then in force and in a sum sufficient to cover the
cost of removing the building if it does not so comply.
A.
No land, building or structure hereafter used, constructed, extended
or altered to an extent which would require the issuance of a building
permit shall continue to be used or occupied for more than 10 days
after completion of the work unless a certificate of occupancy or
compliance shall have been issued by the Code Enforcement Officer,
stating that the structures or use thereof complies with the provisions
of this chapter.
B.
All certificates of occupancy shall be applied for coincident with
the application for a building permit. Said certificate will be issued
after the erection or alteration shall have been approved by the Code
Enforcement Officer as complying with the provisions of this chapter.
C.
A certificate of occupancy shall certify that the work has been completed
and that the proposed use and occupancy are in conformity with the
provisions of the applicable building, housing, and zoning laws, ordinances
and regulations. The certificate shall specify the use or uses and
the extent thereof to which the building or structure or its parts
may be put. Each certificate of occupancy shall bear a certificate
number, date of issuance, zoning district, street name and number,
and other pertinent information.
D.
Upon request, the Code Enforcement Officer may issue a temporary
certificate of occupancy or compliance allowing occupancy of a building
or structure or parts thereof before the entire work covered by the
building permit has been completed, provided that such portions as
have been completed may be occupied safely without endangering public
safety or welfare. A temporary certificate of occupancy shall remain
valid for a period not exceeding 30 days from the date of issuance;
except that, for good cause, the Code Enforcement Officer may allow
up to two extensions for periods not exceeding 30 days each.
A.
Establishment. Pursuant to the provisions of Town Law § 267
(Article 16, Chapter 62 of the Consolidated Laws of the State of New
York), a Board of Appeals is hereby established in the Town of Lyons.
B.
Appointment. The Board of Appeals shall consist of five members to
be appointed by the Town Board as needed from time to time. Members
shall be appointed for terms of five years and shall be subject to
reappointment at the annual organizational meeting.
C.
Appointment of officers; rules; meetings. The Town Board shall appoint
a Chairman. The Board of Appeals shall adopt rules and regulations
consistent with law or ordinance. Meetings of the Board shall be held
at the call of the Chairman and at such other times as the Board may
determine. The presence of four members shall constitute a quorum.
The Chairman, or in his or her absence, the acting Chairman, may administer
oaths and compel the attendance of witnesses.
D.
General grant of power. The Board of Appeals shall perform all the
duties and have all the powers prescribed by the laws of the State
of New York and as herein described.
E.
Votes necessary for a decision. The Board of Appeals shall act by
resolution. 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 Enforcement Officer or to decide
in favor of the applicant on any matter upon which it is required
to pass under the terms of this chapter or to effect any variation
of this chapter. However, in the event that the situation was referred
to the Wayne County Planning Board as required by General Municipal
Law § 239-l and § 239-m (Chapter 24, Article 12-B
of the Consolidated Laws of the State of New York) and the Wayne County
Planning Board disapproves the proposal or recommends modification
thereof, the Board of Appeals shall not act contrary to such disapproval
or recommendation except by a vote of a majority plus one of all the
members thereof and after the adoption of a resolution setting forth
the reason for the contrary action.
F.
Hearings open to the public. Hearings of the Board of Appeals shall
be public. The Board shall keep minutes of its proceedings, showing
the action of the Board and the vote of each member upon each question,
or, if absent or failing to vote, indicating such fact, and shall
keep records of its inspections and other official actions, all of
which shall be a public record.
G.
Powers and duties. The Board of Appeals shall have all the powers
and the duties prescribed by law and by this chapter, which powers
and duties are summarized and more particularly specified as follows,
provided that none of the following subsections shall be deemed to
limit any power of the Board of Appeals that is conferred by law.
In exercising its powers, the Board of Appeals may reverse or affirm,
wholly or partly, or may modify the order, requirement, decision or
determination appealed from, and may make such order, requirement,
decision or determination as in its judgment ought to be made in accordance
with the provisions of this chapter and pursuant to the Consolidated
Laws of the State of New York.
(1)
To hear and decide appeals where it is alleged that error or
misinterpretation in any order, requirement, decision, grant or refusal
made by the Zoning Inspector or other administrative official in the
carrying out or enforcing of the provisions of this chapter or any
law pursuant thereto.
(2)
To hold public hearings, as required and as may be permitted
by this chapter.
(3)
To issue special use permits for any of the uses for which this
chapter requires the obtaining of such permits from the Board of Appeals.
(4)
To issue use variances where there is unnecessary hardship created
by carrying out the strict letter of this chapter as to the permitted
use of a building or land. The Board of Appeals shall have the authority
to vary or modify the use regulations so that the spirit of the law
shall be preserved. No use variance shall be granted by the Zoning
Board of Appeals, however, unless it finds that, after a public hearing,
the standards for a use variance as established by New York State
Town Law have been met.[1]
[1]
Editor's Note: See Town Law § 267-b, Subdivision
2.
(5)
To issue area variances where there are practical difficulties
or special conditions which make regulations governing lot size, yard
size, building height, or other regulations not specifically related
to use of land or buildings unreasonable or impossible to comply with.
The Board of Appeals shall have the authority to vary or modify the
area regulations so that the spirit of the law shall be preserved.
No area variance shall be granted by the Zoning Board of Appeals,
however, unless it finds that, after a public hearing, the standards
for an area variance as established by New York State Town Law have
been met.[2]
[2]
Editor's Note: See Town Law § 267-b, Subdivision
3.
(6)
Upon appeal from a decision by the Zoning Inspector, to decide
any question involving the interpretation of any provision of this
chapter; and where uncertainty exists as to the boundaries of any
zone district, the Board of Appeals shall, upon written application
or upon its own motion, make such interpretation.
(7)
To refer to the Planning Board such matters as required by this
chapter and any other pertinent matters for review and recommendations
and defer any decision thereon for a period of not more than 30 days
pending a report from the Planning Board. Upon failure to submit such
report, the Planning Board shall be deemed to have approved the application
or appeal.
(8)
To grant, after due notice and hearing, the temporary occupancy
and use of a structure in any district for a purpose that does not
conform with the district requirements, provided that such use is
truly of a temporary nature, and subject to any reasonable conditions
and safeguards which the Board of Appeals may impose to minimize any
injurious effect upon the neighborhood or to protect contiguous property.
The approval by the Board of Appeals and any permit based thereon
shall not be granted for a period of more than 12 months and shall
not be renewable more than once and then for a period of not more
than 12 months.
H.
The Zoning
Board of Appeals may adopt rules and regulations in respect to procedures
before it and in respect to any subject matter over which it has jurisdiction
under this chapter or any statute after public hearing by such Board
and subject to the approval of the Town Board.
A.
The Board of Appeals shall refer to the Planning Board all applications
for special uses, and any other applications or appeals, which in
its opinion require review by the Planning Board.
C.
The Planning Board may approve, disapprove, or approve subject to
conditions or modifications and shall report its findings to the Board
of Appeals within 30 days of receipt thereof; such report shall state
all recommended conditions and modifications and reasons for such
approval or disapproval.
Where a public hearing is held to consider the issuance of a
proposed special use permit or the granting of a use variance on property
that is within 500 feet of an adjacent municipality, site plan review
and approval on property that is within 500 feet of an adjacent municipality,
or a subdivision review and approval on property that is within 500
feet of an adjacent municipality, the Planning Board shall give notice
of the public hearing to any adjacent municipality within 500 feet
of the proposed development in accordance with § 239-nn
of the General Municipal Law. The adjacent municipality may appear
and be heard.
A.
Procedure for appellant.
(1)
An appeal to the Board of Appeals from any ruling of any administrative
officer administering any portion of this chapter may be taken by
any person aggrieved, or by an officer, board or bureau of the Town
affected thereby, within 60 days after the filing of any order, requirement,
decision, interpretation or determination of the administrative official.
Such appeal shall be taken by filing with the Code Enforcement Officer
and the Board of Appeals a notice of appeal specifying the grounds
therefor.
(2)
All applications and appeals made to the Board of Appeals shall
be in writing on forms prescribed by the Code Enforcement Officer.
Every application or appeal shall refer to the specific provision
of this chapter, and shall exactly set forth the interpretation that
is claimed, the plans for a special use or the details of the variance
that is applied for, in addition to the following information:
(a)
The name and address of the applicant or appellant.
(b)
The name and address of the owner of the property to be affected
by such proposed change or appeal.
(c)
A brief description and location of the property to be affected
by such proposed change or appeal.
(d)
A statement of the present zoning classification of the property
in question, the improvements thereon and the present use thereof.
(e)
A reasonably accurate description of the present improvements,
and the additions or changes intended to be made under this application,
indicating the size of such proposed improvements, material and general
construction thereof. In addition, there shall be a plot plan of the
real property to be affected, indicating the location and size of
the lot and size of improvements thereon and proposed to be erected
thereon.
B.
Procedure for Code Enforcement Officer.
(1)
In any case where a permit has been granted or denied by the
Code Enforcement Officer, the notice of appeal shall be filed within
such time as shall be prescribed by the Board of Appeals under general
rule after notice of such action granting or denying the permit has
been mailed to the applicant. The Code Enforcement Officer shall forthwith
transmit to the Board of Appeals all papers constituting the record
upon which the action appealed from was taken, or in lieu thereof
certified copies of said papers.
(2)
The Code Enforcement Officer may recommend to the Board of Appeals
a modification or reversal of his action in cases where he or she
believes substantial justice requires the same but where he has not
himself sufficient authority to grant the relief sought.
C.
Procedure for the Board of Appeals. The Board of Appeals shall decide
each appeal within a reasonable time. At the hearing, any party may
appear in person or be represented by an agent or attorney. The Board
of Appeals' decision shall be immediately filed in its office and
be a public record. In the exercise of its functions upon such appeals
or exceptions, the Board of Appeals may, in conformity with the provisions
of this chapter, reverse or affirm, wholly or partly, or modify the
order, requirement, decision, or determination appealed from or may
make such order, requirement, decision or determination in accordance
with the provisions thereof.
D.
Expiration of appeal decision. Unless otherwise specified by the
Board of Appeals, a decision on any appeal or request for a variance
shall expire if the applicant fails to obtain any necessary building
permit or comply with the conditions of said authorized permit within
six months from the date of authorization thereof.
E.
Stay of proceedings. An appeal shall stay all proceedings in furtherance
of the action appealed from unless the Code Enforcement Officer certifies
to the Board of Appeals, after the notice of appeal shall have been
filed, that by reason of facts stated in the certificate the stay
would, in his or her opinion, cause imminent peril to life or property,
in which case proceedings shall not be stayed other than by a restraining
order, which may be granted by the Board of Appeals or by a court
of competent jurisdiction.
F.
Appeal from decision of Board of Appeals. All decisions of the Board
of Appeals are subject to court review in accordance with applicable
laws of the State of New York.
G.
Public hearings and notice. The Board of Appeals shall fix a reasonable
time for the hearing of the appeal or other matter referred to it
and give public notice thereof by the publication in the official
paper of the Town of Lyons of a notice of such hearing at least five
days prior to the date thereof and shall, at least five days before
such hearing, mail notices thereof to the following officials, persons
and owners of properties involved in accordance with the requirements
of Town Law § 267 (Article 16 of the Consolidated Laws of
the State of New York):
(1)
In the case of an appeal alleging error or misinterpretation
in any order or other action by the Code Enforcement Officer, the
following persons shall be notified: the inspector, the appellant
and the person or persons, if any, who benefit from the order, requirement,
decision or determination.
(2)
In the case of an appeal for a variance or in the case of an
application for a special use permit, as provided for in this chapter,
the following persons shall be notified: all owners of property within
a radius of 300 feet of the nearest line of the area for which the
variance or special use is sought.
H.
Referral to Wayne County Planning Board. Before final action is taken
on any variance or special permit affecting real property within 500
feet of the boundary of the Town of Lyons or from the boundary of
any existing or proposed county or state park or other recreational
area, or from the right-of-way, thruway, expressway, road or highway
or from the existing or proposed right-of-way of any stream, or drainage
channel owned by the county for which the county has established channel
lines, or from the existing or proposed boundary of any state-owned
land on which a public building or institution is situated, or from
the boundary of a farm operation located in an agricultural district,
as defined by Article 25-AA of the Agriculture and Markets Law (except
this shall not apply to the granting of area variances), such matter
shall be referred to the Wayne County Planning Board for report and
recommendation. If the County Planning Board fails to make such report
within 30 days after receipt of a full statement of such referred
material, the Board of Appeals may act without such report. If the
Wayne County Planning Board disapproves the proposal or recommends
modifications thereof, the Board of Appeals shall not act contrary
to such disapproval or recommendation except by a vote of a majority
plus one of all members thereof and after the adoption of a resolution
setting forth the reason for the contrary action.
I.
Adjournment of hearing. Upon the day for hearing any application
or appeal, the Board of Appeals may adjourn the hearing for a reasonable
period for the purpose of causing such further notice as it deems
proper to be served upon such other property owners as it decides
may be interested in said application or appeal.
J.
Required interval for hearings on applications and appeals after
denial. Whenever the Board of Appeals, after hearing all the evidence
presented upon an application or appeal, under the provisions of this
chapter, denies the same, the Board of Appeals shall refuse to hold
further hearings on the application or appeal or a substantially similar
application or appeal by the same applicant, his successor, or assign
for a period of one year, except and unless the Board of Appeals shall
find and determine from the information supplied by the request for
rehearing that changed conditions have occurred relating to the promotion
of the public health, safety, convenience, comfort, prosperity, and
general welfare, and that a reconsideration is justified. Such rehearing
would be allowable only upon a motion initiated by a member of the
Board of Appeals and adopted by the unanimous vote of the members
present, but not less than a majority of all members.
A.
Fees for the following, in amounts set from time to time by the Town
Board by resolution, shall be paid at the office of the Code Enforcement
Officer upon the filing of an application for a building permit:
(1)
Occupancy permit, demolition permit.
(2)
Appeal for variance and special permit.
(3)
Rehearings on applications and appeals.
(4)
Reclassification or amendment to zoning law.
(5)
New residential construction.
(6)
Added decks, patios, porches, garages, breezeways, fences and
other miscellaneous accessory structures and residential additions.
(7)
Alterations.
(8)
Commercial and industrial buildings and additions.
(9)
Agricultural buildings and additions.
(10)
Swimming pools.
(11)
New installation and replacement mobile homes (single-wide and
double-wide).
(12)
Double-wide mobile home replacement, from single-wide.
(13)
Home occupation permits.
(14)
Sign permits.
(15)
Installation of solid-fuel-burning appliance/chimney.
(16)
New or replacement septic system.
(17)
Any permit renewal.
(18)
Review of subdivision preliminary plans.
B.
In any situation where a fee is to be paid, and it is paid after
the due date, or is paid after construction has commenced, there shall
also be imposed a surcharge equal to 100% of the fee, or $25, whichever
amount is greater. The surcharge fee cannot be waived by the Zoning
Officer.
