The Town Board shall appoint an Enforcement Officer to carry
out specific administrative functions as designated in this chapter,
and to enforce this chapter. The duties of the Enforcement Officer
shall include the following:
A.
Issue and deny zoning permits and certificates of compliance in accordance
with this chapter;
B.
Scale and interpret district boundaries on Zoning Maps;
C.
Inspect and certify that the regulations of this chapter have been
adhered to;
D.
Refer appropriate matters to the Zoning Board of Appeals, Planning
Board, or Town Board.
E.
Revoke zoning permits where there is false, misleading or insufficient
information;
F.
Revoke zoning permits and certificates of compliance where the applicant
has not complied with the provisions of the approved application;
G.
Investigate violations and complaints of violations of this chapter,
issue stop-work orders and refer violations to the Town Justice, or
the Town Board;
H.
Assist in the prosecutions of violations.
[Amended 2-14-2005 by L.L. No. 1-2005]
The following activities shall require a zoning permit unless
otherwise specifically exempted in this chapter, provided that there
shall be no more than one principal use permitted per lot; except
that on residential lots, the owner may be allowed additional structures
which would be used by other family members or relatives, provided
the additional structures meet all zoning regulations and are placed
to conform with a further potential subdivision of property:
A.
Erection, re-erection or movement of a building or structure;
B.
Change of the exterior structural dimensions of a building or structure;
C.
Change in use of land, buildings or structures through the establishment
of a new use, or through the expansion or enlargement of an existing
use;
D.
The resumption of any use which has been discontinued for a period
of 12 months or longer;
E.
Establishment or change in dimensions of a parking area for nonresidential
or multifamily residential uses;
G.
Fences or walls.
The following activities shall not require a zoning permit,
and are exempt from the provisions of this chapter, except where otherwise
specified:
B.
Interior structural alterations or routine maintenance and improvement
that does not expand the exterior dimensions of the structure (e.g.,
roofing, window replacement, siding replacement, etc.);
C.
Minor accessory structures such as posts, sidewalks, driveways, flagpoles,
playground equipment, chimneys, etc.;
D.
Nonstructural agriculture and forest management uses;
E.
Silos, corn cribs and other similar agricultural accessory uses (exclusive
of barns);
F.
Landscaping.
A.
Applications for zoning permits shall be submitted to the Enforcement
Officer or Town Clerk and shall include the following:
(1)
The actual dimensions of the lot to be used;
(2)
The size and location on the lot of the structures and accessory
structures to be erected and/or altered;
(3)
The distance from the building line to all lot lines; road right-of-way
lines; waterfront lot lines; and any other significant features of
the lot;
(4)
Such other information as may be necessary to determine and provide
for the enforcement of this chapter.
B.
This information, and other relevant application data, shall be provided
on a form issued by the Town.
Fees required under this chapter will be determined from time
to time by the Town Board pursuant to resolution and are to be paid
at the time of application. No zoning permit shall be issued until
full payment has been received by the Town Clerk.
The applicant shall display the zoning permit on the building,
structure or site in such a manner that it is visible to the public
until such time as a certificate of compliance is issued or the zoning
permit expires.
When establishing measurements to meet the required yard sizes,
or use or structure setbacks, the measurements shall be taken from
the road right-of-way line, lot line or nearest high-water elevation
to the point attached to the structure which is closest to the point
to which measurement is being made. This shall include such projecting
facilities as cornices, chimneys, eaves, porches, carports, attached
garages, etc.
A zoning permit shall expire six months from the date of issue
unless substantial progress has been made towards carrying out the
terms of the zoning permit. The applicant shall have two years to
complete the terms of the zoning permit, or all work shall cease at
the site. An extension may be allowed by the Enforcement Officer upon
proof of necessity submitted by the applicant due to conditions unusual
or beyond the control of the applicant.
A.
No use or structure requiring a zoning permit shall be occupied,
used, or changed in use until a certificate of compliance has been
issued by the Enforcement Officer stating that the use or structure
complies with the provisions of this chapter.
B.
All certificates of compliance shall be applied for with the application
for a zoning permit. The certificate shall be issued within 10 days
after the erection or alteration shall have been approved as complying
with the provisions of this chapter.
C.
For uses requiring a Planning Board review, no certificate of compliance
shall be issued for any such use or structure unless in conformity
in all respects to the Planning Board approval, including any condition
imposed upon it.
[Amended 3-14-2005 by L.L. No. 2-2005]
A.
The Board of Appeals shall consist of five members as set forth in
§ 267 of the Town Law, or in the alternative the Town Board
may enter into an agreement pursuant to Article 5-G of the General
Municipal Law and § 284 of the Town Law to establish a cooperative
Board of Appeals. In the event of a cooperative Board of Appeals,
membership shall be as per the contractual agreement and may otherwise
vary from provisions of § 267 of the Town Law as may be
set forth in that agreement.
B.
The powers of the Board of Appeals shall be to interpret this chapter
and to grant area variances and use variance in accordance with the
standards set forth in § 267-b of the Town Law and as may
be otherwise provided by law.
C.
The procedure before the Board of Appeals shall be in accordance
with § 267-a of the Town Law except as may be specifically
modified by intermunicipal agreement should the Town elect to enter
into a cooperative Board of Appeals, in which event such procedures
shall be strictly governed by the intermunicipal agreement.
D.
This chapter specifically supersedes those provisions of § 267
of the Town Law requiring that there be three or five members of the
Board of Appeals, that the terms be staggered, that the Town Board
select the Chairman, and the voting power of members of the Board
of Appeals in the event that the Town should enter into an intermunicipal
agreement pursuant to § 284 of the Town Law and Article
5-G of the General Municipal Law, in which event the intermunicipal
agreement shall govern those factors.
In accordance with this chapter, the Planning Board shall have
the power to approve, approve with modifications, or disapprove site
plans and special use permits. The Planning Board shall give advisory
opinions when requested by the Zoning Board of Appeals or the Town
Board. The Planning Board shall abide by any rules and regulations
adopted by the Town Board.
A.
Whenever a violation of this chapter occurs, any person may initiate
a complaint. All complaints shall be in writing and delivered to the
Town Clerk or Enforcement Officer. The Enforcement Officer shall accurately
record the complaint, file it appropriately, and investigate it.
B.
If the complaint is found to be valid, the Enforcement Officer shall
then inform the owner of the premises that there is a violation of
the law. The owner shall be notified by certified mail with a return
receipt requested and by regular mail, or be personally served, as
to the manner of the violation. Mail shall be sent to the address
of the property owner as stated on the last completed tax roll. The
owner will have 14 days, minimum, to remedy the situation from the
date of the mailing, except in the case of imminent peril to life
or property.
C.
An order to stop use/work may be issued to the owner in the same
manner as a notice of violation. Such order shall require that all
construction stop immediately.
D.
If a violation persists, the Enforcement Officer may file an "information
and complaint" with the Town Justice charging the owner with violating
one or more sections of this chapter. The Town Justice shall then
issue a summons for the violator to appear in court.
E.
Pursuant to Criminal Procedure Law § 150.20, Subdivision
3, the Enforcement Officer is hereby authorized to issue an appearance
ticket to any person causing a violation of this chapter, and, if
a violation persists, shall cause such person to appear before the
Town Justice.
A.
Pursuant to Municipal Home Rule Law § 10 and Town Law § 268,
any person, firm, or corporation who commits an offense against, disobeys,
neglects, or refuses to comply with or resists the enforcement of
any of the provisions of this chapter shall, upon conviction, be deemed
guilty of a violation and subject to fine and/or imprisonment. Any
violation of this chapter is an offense punishable by a fine not exceeding
$350 or imprisonment for a period not to exceed six months, or both
for conviction of a first offense; for conviction of a second offense
both of which were committed within a period of five years, punishable
by a fine not less than $350 nor more than $700 or imprisonment for
a period not to exceed six months, or both; and, upon conviction for
a third or subsequent offense, all of which were committed within
a period of five years, punishable by a fine not less than $700 nor
more than $1,000 or imprisonment for a period not to exceed six months,
or both. However, for the purpose of conferring jurisdiction upon
courts and judicial officers generally, violations of this chapter
shall be deemed misdemeanors and for such purpose only all provisions
of law relating to misdemeanors shall apply to such violations. Each
week's continued violation shall constitute a separate additional
violation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
In addition to the above remedies, the Town Board may maintain an
action or proceeding in the name of the Town in a court of competent
jurisdiction to compel compliance with or restrain by injunction the
violation of this chapter.
A.
Every lawfully existing structure or use not conforming to the regulations
of the district in which it is located at the time of adoption of
or amendment to this chapter shall be a "nonconforming use."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
A nonconforming structure or use may not be altered, rebuilt or resumed
except in conformity with the regulations for the district in which
it is located.
C.
A nonconforming use of a structure or land that has ceased for a
consecutive period of 12 months or 24 months during and three-year
period, may not be altered, rebuilt, or resumed unless in conformity
with this chapter.
D.
A nonconforming use may be continued subsequent to adoption of this
chapter but the structure shall not be enlarged in a way which increases
its nonconformity.
E.
A nonconforming use may be extended throughout any part(s) of a building
which were manifestly arranged or designed for such use at the time
of adoption of this chapter.
F.
Nothing in this chapter shall be deemed to prevent the strengthening
or restoring to a safe condition of any nonconforming structure declared
unsafe by a duly designated official.
G.
Nothing in this chapter shall be deemed to prevent the reconstruction of a nonconforming structure to its original configuration when destroyed by fire or Act of God, except as in Subsection C above.
H.
District changes/amendments. Whenever an area is transferred from
a district of one classification to a district of a different classification,
or amendments are adopted which change permitted uses or other regulatory
measures governing such, the above regulations shall apply to nonconforming
uses created by such transfer.
