The provisions of this chapter shall be enforced
by the Code Enforcement Officer,[1] who 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.
[1]
Editor's Note: A resolution adopted 10-20-1987
provided that the Code Enforcement Officer shall be under the direction
of the Chief of Police.
A.
No building or structure or part thereof shall be
moved, constructed, enlarged, demolished, structurally altered or
remodeled, including any change, interior or exterior, in overall
dimensions, type of use or number or type of occupancy, until a building
permit has been issued by the Code Enforcement Officer for each such
building or structure. However, no building permit shall be required
for the performance of ordinary repairs which are not structural in
nature.
B.
The Code Enforcement Officer shall in no case grant
any building permit for any building or structure which does not comply
with the provisions of this chapter, and, where prior approval of
the Board of Appeals or the Town Board is required, the Code Enforcement
Officer shall grant a building permit only upon written order of such
Board.
C.
Building permit application. The building permit application
shall include a plan, in duplicate, showing the actual dimensions
of the lot where the activity is to take place; the actual size and
location on the lot of the building, structure, accessory buildings
or other pertinent features (such as parking spaces, signs and landscaping)
already existing; the location and other pertinent details of the
work to be undertaken through the issuance of the permit; and other
such information as shall be required by the Code Enforcement Officer
in order to conform to the provisions of this chapter and the New
York State Uniform Fire Prevention and Building Code.
D.
Building permit statute of limitations. If no substantial
construction has started on a project for which a building permit
was issued within one year of the time of first issuance, then the
Code Enforcement Officer shall revoke the building permit and require
that a new permit be issued for any subsequent activity.
E.
The Code Enforcement Officer, after approval by the
Town Board, shall maintain a building permit fee schedule that shall
accompany each building permit application.
[Amended 3-8-2011 by L.L. No. 1-2011]
Before a public hearing is ordered by the Town Board to consider
an amendment, supplement, change, modification or repeal to the Town
of Geddes Official Zoning Map or to the text of the Zoning Ordinance
of the Town of Geddes, the petition shall be referred to the Planning
Board, which shall submit its recommendation to the Town Board within
30 days of receipt of the referral. If the Planning Board does not
respond within 30 days, the Town Board shall consider that an approval
recommendation has been submitted and shall proceed with its review
of the petition. The Town Board may grant the Planning Board additional
time for its review upon written request for such an extension of
time from the Planning Board.
A.
Creation, appointment and organization.
(1)
A Zoning Board of Appeals, referred to herein as the
"Board of Appeals" or "Board," is hereby created in accordance with
the provisions of Article 16, § 267, of the Town Law of
the State of New York. The Board shall consist of five members appointed
by the Town Board to serve in accordance with the Town Law.
(2)
Such Board of Appeals shall, consistent with the Town
Law, determine its own rules and procedures and shall file all decisions
with the Town Clerk as required by the Town Law.
(3)
Alternate Board of Appeals members. The Town Board,
by resolution, may appoint an alternate member to the Board of Appeals.
Such member, if appointed, would serve when a regular member of the
Board of Appeals is absent or unable to participate on an application
or matter before the Board of Appeals. An alternate member of the
Board of Appeals shall be appointed for a term of one year.
[Added 3-9-2004 by L.L. No. 1-2004]
(a)
The Chairperson of the Board of Appeals may
designate the duly appointed alternate member to substitute for a
regular member of the Board when such regular member is unable to
participate on an application or matter before the Board. When so
designated, the alternate member shall possess all of the powers and
responsibilities of a regular member of the Board. Such designation
shall be entered into the minutes of the Board of Appeals meeting
at which the substitution is made.
(b)
All provisions of state law relating to Board
of Appeals member eligibility, removal, compatibility of office, and
service on other boards, as well as any provision of a local law,
rule, regulation or policy relating to training, continuing education,
compensation and attendance shall apply to any alternate member of
the Board of Appeals appointed pursuant to this section.
B.
Powers and duties of the Board of Appeals. The Board
of Appeals shall have all the powers and duties prescribed by Article
16, § 267, of the Town Law of the State of New York and
subsequent amendments thereto, which are generally summarized as follows:
(1)
Interpretation. After public hearing upon appeal from
a decision by an administrative official, the Board of Appeals shall
decide any questions involving the interpretation of any provision
of this chapter, including the determination of the exact location
of any zoning district boundary if there is uncertainty concerning
its location.
(2)
Special permits. Special permit uses as enumerated in Article III of this chapter shall be permitted only upon approval of the Board of Appeals, provided that such uses shall be found to comply with the requirements of this chapter. Before making its decision concerning a special permit use, the Board of Appeals shall review and make findings with respect to the general findings and special criteria as set forth in Article V of this chapter.
(3)
Variances.[1]
(a)
Use variances.
[1]
The Board of Appeals, on appeal from the decision
or determination of the administrative official charged with the enforcement
of these regulations, shall have the power to grant use variances,
as defined herein.
[2]
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 for each and every permitted use under
the zoning regulations for the particular district where the property
is located:
[a]
The applicant cannot realize a
reasonable return, provided that lack of return is substantial as
demonstrated by competent financial evidence.
[b]
That the alleged hardship relating
to the property in question is unique, and does not apply to a substantial
portion of the district or neighborhood.
[c]
That the requested use variance,
if granted, will not alter the essential character of the neighborhood.
[d]
That the alleged hardship has not
been self-created.
[3]
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 preserve and protect the character of the neighborhood
and the health, safety and welfare of the community.
(b)
Area variances.
[1]
The Zoning Board of Appeals shall have the power,
upon an appeal from a decision or determination of the administrative
official charged with the enforcement of these regulations, to grant
area variances as defined herein.
[2]
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:
[a]
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.
[b]
Whether the benefit sought by the
applicant can be achieved by some method, feasible for the applicant
to pursue, other than an area variance.
[c]
Whether the requested area variance
is substantial.
[d]
Whether the proposed variance will
have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district.
[e]
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.
[3]
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 preserve and protect the character
of the neighborhood and the health, safety and welfare of the community.
C.
Procedure.
(1)
The Board of Appeals shall act in strict accordance
with the procedure specified by the Town Law of the State of New York
and by this chapter. All appeals and applications made to the Board
shall be in writing, on forms prescribed by the Board. Every appeal
or application shall refer to the specific provision of this chapter
that is involved and shall set forth the interpretation that is claimed
or the details of the variance being applied for, along with the grounds
on which it is claimed that the variance should be granted, or the
general findings and manner of complying with all special criteria
required before issuance of a special permit.
(2)
Every decision of the Board of Appeals shall be by
resolution, each of which shall contain a full record of the findings
of the Board in each particular case. Each resolution shall be filed
in the office of the Town Clerk by case number under one or another
of the following headings: interpretations, special permits or variances.
All documents pertaining to each case shall also be filed in the case
file of the Town Clerk. The Board of Appeals shall notify the Town
Board of each special permit and variance granted under this chapter.
(3)
Imposition of conditions. The Board of Appeals shall,
in the granting of both use variances and area variances, have the
authority to impose such reasonable conditions and restrictions as
are directly related to and incidental to the proposed use of the
property. Such conditions shall be consistent with the spirit and
intent of the Zoning Chapter and shall be imposed for the purpose
of minimizing any adverse impact such variance may have on the neighborhood
or community.[2]
