All provisions of this chapter shall be enforced by the Town Board of Mount Morris or by such official as may be hereafter appointed by said Board for the purpose of such enforcement. It shall be the duty of such enforcement official, if appointed, and, in the absence of such appointment, it shall be the duty of the Town Clerk, to keep a record of all applications for permits and record of all permits issued, with a notification of all special conditions relating thereto. He shall file copies submitted, all of which records shall be available for use by the Board of Assessors of the Town of Mount Morris. A copy of all permits will also be submitted to the Chairman of the Board of Appeals. The Town Board of Mount Morris or designated official shall issue no permit for the use of any property not in conformity with the requirements of this chapter and all other ordinances of the Town of Mount Morris.
A.
It shall be the duty of the Zoning Officer or his duly authorized assistants to cause any plans, buildings or premises to be examined or inspected to determine that they are not in violation of the provisions of this chapter.
B.
Where the Zoning Officer, in the course of his duties, determines that any plans, buildings or premises are in violation of the provisions of this chapter, he shall order the responsible party, in writing, to remedy such conditions. Said written order shall specify the nature of the violation found to exist, the remedy ordered and the time permitted for such action, the penalties and remedies which may be invoked by the town and the violator's rights of appeal, all as provided for by this chapter.
C.
On the serving of notice by the Zoning Officer to the owner of any violation of any of the provisions of this chapter, the certificate of occupancy for such building or use shall be held null and void. A new certificate of occupancy shall be required for any further use of such building or premises.
D.
The Zoning Officer shall recheck progress of issued permits after one year and in six-month intervals thereafter.
E.
The Zoning Officer shall maintain a permanent record of all matters considered and all action taken by him. Such records shall form a part of the records of his office and shall be available for the use of the Town Board and other officials of the town and available for inspection by the public.
F.
Monthly report. The Zoning Officer shall prepare a monthly report for the Town Board. Said report shall cite all actions taken by the Zoning Officer, including all referrals made by him, all permits and certificates issued and denied and all complaints of violations received and all violations found by him, and the action taken by him consequent thereon. A copy of this monthly report shall also be transmitted by the Zoning Officer to the Tax Assessor, Planning Board and Board of Appeals at the same time it is transmitted to the Town Board.
A.
The certificate and permits enumerated herein are hereby established for the equitable enforcement and administration of the provisions of this chapter. A zoning permit or special use permit shall be a prerequisite to the erection or alteration of a building, structure or use thereof, but only if the alteration increases the dimensions or changes the use thereof.
(1)
Zoning permit. The Zoning Officer is hereby empowered to issue a zoning permit for any plans regarding the construction or alteration of any building or part of any building or the change in the use of any land or building or part thereof where he shall determine that such plans are not in violation of the provisions of this chapter.
(2)
Special use permit. Upon written direction of the Board of Appeals, the Zoning Officer is hereby empowered to issue any special use permit provided for by this chapter.
(3)
Certificate of occupancy. The Zoning Officer is hereby empowered to issue a certificate of occupancy which shall certify that all provisions of this chapter have been complied with in respect to the location and use of the building, structure or premises in question. The Zoning Officer is also empowered to issue a certificate of occupancy for nonconforming uses, provided that the nonconforming use is defined and the sections of nonconformance with this chapter are listed.
B.
Zoning permits will be issued for a maximum of five years.
A.
Application procedure.
(1)
Procedures for a zoning permit. All applications for a zoning permit shall be made to the Zoning Officer in the detail specified in Subsection B of this section.
(a)
Where the proposed use is a farm-related or a single- or two-family residential use in a residential zone, the Zoning Officer shall carefully consider the application for compliance with this chapter and either issue or deny the zoning permit applied for.
(b)
When the application is for any other permitted use in any zone, the Zoning Officer shall submit one copy of such plans, drawings and the statements to the Planning Board for its review. The Planning Board shall, within 30 days after the receipt of said material, make its report to the Zoning Officer. After careful consideration of the application for compliance with this chapter, the Zoning Officer shall either issue or deny the zoning permit applied for.
(2)
Procedures for appeal. Should an applicant choose to appeal a decision by the Zoning Officer to deny issuance of a zoning permit, an application for an appeal shall be filled out by the applicant, and the Zoning Officer shall submit one copy of the application and supporting documents to the Chairman of the Board of Appeals for referral to the Board for action. Where applicable under §§ 239 and 239-m of the General Municipal Law, he shall also transmit one copy of the application to the County Planning Board.
[Amended 4-10-1997 by L.L. No. 2-1997]
(3)
Procedures for special use permit.
(a)
All applications for special use permits shall be made to the Zoning Officer. The Zoning Officer, after determining that an application is in proper form, shall transmit one copy of the application and all supporting documents to the Chairman of the Board of Appeals for referral to the Board for action thereon. Where applicable under §§ 239 and 239-m of the General Municipal Law, he shall also transmit one copy of the application to the County Planning Board.
(b)
The Board of Appeals shall conduct a public hearing on applications referred to it by the Zoning Officer in accordance with the procedures and requirements established elsewhere in this chapter. Within 60 days from the date of such public hearing and following a report back by the County Planning Board, when applicable, the Board of Appeals shall, by resolution, either approve or disapprove the application so heard. In approving the application, the Board may impose only those modifications or conditions specified in this chapter to protect the health, safety or general welfare of the public.
(c)
If an application is approved by the Board of Appeals, the Zoning Officer shall be furnished with a copy of the approving resolution of the Board, and he shall issue the permit applied for in accordance with the conditions imposed by the Board of Appeals.
(d)
If any application is disapproved by the Board of Appeals, the reasons for such denial shall be set forth in the Board's resolution, and a copy of such resolution shall be transmitted to the Zoning Officer. The Zoning Officer shall deny the application accordingly by providing the applicant with a copy of the Board's reasons for disapproval.
(e)
The Zoning Officer shall transmit one copy of all approved or denied applications to the Town Tax Assessor, one copy to the Chairman of the Planning Board and, where applicable, one copy to the County Planning Board.
(4)
Procedures for a certificate of occupancy completion. Following the completion of the construction, reconstruction or alteration of any building or where a change in the use of a structure is proposed, the applicant shall transmit by registered mail or deliver in person to the Zoning Officer a letter stating that such construction has been completed or that a new use has been proposed. Within seven days of the receipt of this letter, the Zoning Officer shall make all necessary inspections of the completed structure and proposed use to determine the conformance with this chapter. A certificate of occupancy completion shall be issued only if the Zoning Officer finds that the construction and proposed use comply with all the requirements and provisions of this chapter.
B.
Application details. Each application for a zoning permit or special use permit shall be made in triplicate and with accompanying site plan. The materials to be submitted with each application shall clearly show the conditions on the site at the time of the application, the features of the site which are to be incorporated into the proposed use or building and the appearance and function of the proposed use or building. As a minimum, the application shall include the following information and plans for both before and after conditions:
(2)
Multifamily, commercial, industrial and other special uses:
(a)
The location and arrangement of vehicular accessways and the location, size and capacity of all areas used for off-street parking, loading and unloading.
(b)
The location and dimensions of sidewalks, walkways and other areas established for pedestrian use.
(c)
The design and treatment of open areas, buffer areas and screening devices maintained, including dimensions of all areas devoted to lawns, trees and other landscaping devices.
(d)
Provision for water supply, sewage disposal and storm drainage.
(e)
Such other data and plans as the Zoning Officer or the Board of Appeals may require to properly take action on the application.
C.
Application fees. Each application for a permit provided for by this section shall be accompanied by a fee, payable in cash or other form of security approved by the Town Attorney, in accordance with a fee schedule as periodically adopted by resolution of the Board.
[Amended 1-19-2017 by L.L. No. 1-2017]
[Amended 1-21-1999 by L.L. No. 1-1999; 2-17-2022 by L.L. No. 1-2022; 1-19-2023 by L.L. No. 1-2023]
A.
Title. This section shall be known as "the Local Law to establish a Joint Zoning Board of Appeals between the Town of Mount Morris and the Village of Mount Morris, and which supersedes § 48-12 of the Town of Mount Morris Code, as well as various applicable provisions throughout the entirety of the Code."
B.
Authority; intent and purpose; creation, appointment, and organization of Joint Zoning Board of Appeals.
(1)
Authority and intent. This section is intended to be consistent with and is adopted pursuant to the authority to enact zoning laws granted to the Town under the New York State Constitution, and the laws of the State of New York, including but not limited to the following authorities: New York State Constitution Article IX, § 2(c)(ii)(10); Municipal Home Rule Law § 10; and Statute of Local Governments § 10.
(2)
Purpose and creation. A Joint Zoning Board of Appeals is hereby created by the Town of Mount Morris and Village of Mount Morris and shall be known as the "Joint Zoning Board of Appeals," "Board of Appeals." Said Board of Appeals shall replace the Town of Mount Morris Zoning Board of Appeals previously amended by L.L. No. 1-1999. The previously created Town of Mount Morris Zoning Board of Appeals is hereby abolished.
(3)
Matters transferred to new Joint Zoning Board of Appeals. Upon the effective date of this section, the existing Zoning Board of the Town of Town of Mount Morris shall be abolished and all matters currently pending before the Zoning Board shall be transferred to the new Joint Zoning Board of Appeals serving both the Town of Mount Morris and the Village of Mount Morris. The Board of Appeals shall have the same powers, authority, duties, and responsibilities as are set forth in the New York State Town Law and the New York Village Law, respectively, governing the presently separate Zoning Boards of the two jurisdictions. The Joint Zoning Board of Appeals shall be empowered and authorized to deal with such matters as would heretofore have come before the separate Zoning Boards of either municipality.
(4)
Organization and membership of the Joint Zoning Board of Appeals. The Joint Zoning Board of Appeals shall consist of seven members and two alternate members, who shall be appointed and serve as follows:
(a)
The Board of the Town of Mount Morris shall appoint four members of the Joint Zoning Board of Appeals.
(b)
The Mayor of the Village of Mount Morris, subject to the approval of the Board of Trustees of the Village of Mount Morris, shall appoint three members of the Joint Zoning Board of Appeals.
(c)
Upon the expiration of the term of a member of the Joint Zoning Board of Appeals, that person or body which appointed the incumbent to the expiring term shall appoint his or her successor to a full five-year term. If a vacancy occurs other than by expiration of a term of office, that person or body which appointed the member who filled such office prior to the vacancy occurring shall appoint a successor for the balance of the term.
(5)
Chairperson. The Town of Mount Morris Village Board of Trustees (the "Village Board") and the Town Board of the Town of Mount Morris (the "Town Board") shall annually and jointly select the Chairperson for the Joint Zoning Board of Appeals from the membership thereof. In the absence of such selection by the governing boards, such Joint Board of Appeals may select one of its members to serve as Chair.
(6)
Appointments and terms. Appointment of members of the Board of Appeals and the alternate members shall be as follows:
(a)
One member shall be appointed by each of the Town Board and the Village Board for an initial term of one year.
(b)
One member shall be appointed by each of the Town Board and the Village Board for an initial term of two years.
(c)
One member shall be appointed by each of the Town Board and the Village Board for an initial term of three years.
(d)
One member shall be appointed by the Town Board for an initial term of four years.
(e)
Upon the expiration of the initial term of any one member of the Joint Zoning Board, the term of such member shall thereafter be for a term or period of five years.
(f)
One alternate member of the Board of Appeals shall be appointed by the Town Board, and one alternate member shall be appointed by the Mayor of the Village, with the approval of the Village Board of Trustees. The term of appointment of the alternate members of the Board of Appeals shall be for a term of two years.
(7)
Minimum training and attendance requirements for Board of Appeals members.
(a)
Training. Each Board member is required to complete five hours of training per calendar year for a total of 25 hours of training during each five-year term. Failure to comply with this requirement without good cause shall be grounds for removal from the Board.
(b)
Attendance. Each Board member shall be required to attend 75% of the scheduled meetings in each calendar year. At the discretion of the remaining members of the Board of Appeals, failure to attend the required number of meetings without good cause may be grounds for removal from the Board. In addition, failure to attend three consecutive meetings without good cause may be grounds for removal from the Board.
C.
Powers and duties of Board of Appeals. The Joint Zoning Board of Appeals shall have all the powers and duties prescribed by § 267-b of the Town Law and § 7-712-b of Village Law of the State of New York and by this chapter. These powers and duties are more particularly specified as follows:
(1)
Interpretation. Upon appeal from a decision by an administrative official, to decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary if there is uncertainty with respect thereto.
(2)
Permits for special uses. The Board of Appeals shall have the power to hear and decide upon application for special use permits, as specified in this Zoning chapter.
(3)
Variances. The Board of Appeals may vary or adopt the strict application of any of the requirements of this Zoning chapter in the case of exceptionally irregular, narrow, shallow or steep lots or other exceptional physical conditions whereby such strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved, but in no other case.
(a)
No variance in the strict application of this chapter shall be granted by the Board of Appeals unless it finds:
[1]
That there are special circumstances or conditions fully described in the findings of the Board applying to such land or buildings and not applying generally to land or buildings in the neighborhood and that said circumstances or conditions are such that strict application of the provisions of this chapter would deprive the applicant of the reasonable use of such land or buildings.
[2]
That, for reasons fully set forth in the findings of the Board, the granting of the variance is necessary for the reasonable use of the land or building and that the variance granted by the Board is the minimum variance that will accomplish this purpose.
[3]
That the granting of the variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(b)
In granting any variance, the Board of Appeals shall prescribe any conditions that it deems to be necessary or desirable.
D.
Application procedure. The Board of Appeals shall act in strict accordance with the procedure specified by law and by this chapter. All appeals and applications made to the Board shall be in writing, on forms prescribed by the Board, and available from the Zoning Officer. Every appeal or application shall refer to the specific provision of the chapter involved and shall exactly set forth the interpretation that is claimed, the use for which the special permit is sought or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be.
E.
Board of Appeals office. The office of the Town Clerk shall be the office of the Board of Appeals, and every rule, regulation, amendment, or repeal thereof and every order, requirement, decision or determination of the Board shall be filed in said office within five business days as required by § 267-a of the Town Law of the State of New York.
F.
Notice of Board hearings. The Board shall fix a reasonable time for the hearing of appeals and give public notice thereof by the publication in the official paper of a notice of such hearing at least five days prior to the date of the hearing. Notice shall be served upon the applicant and to the regional State Park Commission having jurisdiction over any state park or parkway within 500 feet of the property affected by such appeal at least five days prior to the date of the hearing. The Board shall also notify, in writing, all property owners directly adjacent to the property to be affected by said appeal.
G.
Superseding intent and effect. This section shall supersede any inconsistent provisions of the Town Code, or all other local ordinances, laws, or resolutions of the Town of Mount Morris.
H.
Severability. If any provision of this section is determined to be unconstitutional or invalid, the validity and enforceability of the remainder shall not be affected.
I.
Repealer. All ordinances, local laws and parts thereof inconsistent with this section are hereby repealed.
J.
When effective. This section shall take effect immediately upon its adoption and filing with the Secretary of State.
A.
Enforcement. It shall be the duty of the Town Board or such officials authorized by it to enforce the provisions of this chapter or of any determination of the Board of Appeals and Town Clerk or Planning Board.
B.
Penalties. The violation of any of the provisions of this chapter is hereby declared to be 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 such chapter shall be deemed misdemeanors, and for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. (For violations of Article IX, Adult Use and Entertainment, see § 48-51; for violations of Article XIII, Wind Energy Conversion Systems, see § 48-87.)
[Amended 4-10-1997 by L.L. No. 2-1997; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
Each week's continued violation shall be considered a separate and distinct offense.
D.
Unpaid fines after a six-month lapse will be placed on the property's town tax roles for collection.