A.
Initiation of zoning amendments; general provisions.
(1)
The regulations, restrictions and boundaries herein
provided may from time to time be amended, supplemented, changed,
modified or repealed as provided by law. The provisions hereinafter
contained shall apply to amendments, supplements, changes or modifications
to district boundaries or classifications thereof. If any area is
transferred from one district to another district, any nonconforming
use thereby created may be continued to the extent permitted pursuant
to the provisions of this chapter regulating nonconforming uses generally.
(2)
Such proposed amendments, supplements, changes or
modifications, whether initiated by the Town Board, Planning Board
or by petition, shall be referred to the Planning Board for review
and recommendation.
(3)
In the case of proceedings initiated by petition,
the owners of an area, excluding public streets, in any district or
a specified part thereof may present a signed petition to the Town
Board requesting an amendment, supplement, change or modification
of the boundaries of classification thereof.
(4)
When a petition has been filed and permitted to be
processed within 10 days prior to the scheduled public hearing and
is thereafter withdrawn or is withdrawn or denied after the hearing,
a petition seeking substantially the same relief shall not be considered
or voted on by the Town Board, except for a vote to table or to receive
and file, within one year from the date of such previous filing unless
the Planning Board shall first find that there have been substantial
changes which would merit a hearing or rehearing, in which case the
Planning Board shall, in its recommendation, set forth the grounds
for its determination. This restriction shall not apply where the
Town Board has not finally determined the proceeding within 60 days
following the public hearing.
B.
Application for rezoning. The petition shall contain the information described in Subsection B(1) and (2) below and shall be verified before a person authorized by law to administer oaths. The number of copies shall be determined by the Building Inspector, who shall approve the form of the petition before it is accepted for filing by the Town Clerk.
(1)
Documents. The following information shall be provided:
(a)
Name, address and telephone number of the applicant
and, if he is not the owner, his interest in the property.
(b)
Name, address and telephone number of owner(s)
of the property proposed for rezoning.
(c)
A legal description and existing street address
of the total site proposed for rezoning.
(d)
A survey of the total site, prepared by a licensed
surveyor.
(e)
Identification of existing and proposed zoning.
(f)
A statement of planning objectives to be achieved
by the rezoning. This statement should include a description of the
character of the proposed development, the rationale behind the assumptions
and choices made by the applicant and a statement of how the development
meets the objectives of the Comprehensive Plan.
(g)
A general statement as to how open space is
to be owned and maintained, if relevant.
(h)
A development schedule indicating the approximate
date when construction can be expected to begin and be completed and
any stages thereof.
(i)
A statement of the applicant's intentions with
regard to the future selling or leasing of all or portions of the
proposed development.
(j)
Quantitative data for the following:
(k)
A development plan, if required by the Planning
Board, in order to assure that the proposed zoning is consistent with
the Comprehensive Plan and the intent and objectives of this chapter.
(2)
Development plan. The development plan must contain
the following minimum information, unless waived by the Planning Board
as not being applicable. Maps shall be drawn to scale.
(a)
The existing site conditions, including property
lines, contours, watercourses, floodplains, unique natural features
and tree cover.
(b)
Proposed land use arrangement.
(c)
The location of all existing and proposed structures
and other improvements, including maximum heights, types of dwelling
units and location of nonresidential floor area.
(d)
The location and size, in acres or square feet,
of all use areas and areas to be conveyed, dedicated or reserved as
common open spaces, public parks, recreational areas, school sites
and similar public and semipublic uses.
(e)
The existing and proposed traffic circulation
system of arterial, collector and local streets, including off-street
parking, loading and stacking areas and major points of ingress and
egress to the development. Notations of proposed ownership, public
or nonpublic, should be included where appropriate.
(f)
The existing and proposed pedestrian circulation
system, including its interrelationship with the vehicular circulation
system.
(g)
The existing utilities systems, including sanitary
sewers, storm sewers, stormwater retention areas and waterlines.
(h)
Information, including zoning, ownership and
use, concerning all lands within 500 feet of the perimeter of the
area proposed to be rezoned.
(i)
Sketches or other representations of typical
structures and improvements sufficient to relay the basic architectural
intent of the proposed improvements.
(j)
Any additional information as might be required
by the Planning Board to evaluate the character and impact of the
proposed rezoning.
(3)
Planning Board review.
(a)
Upon receipt of a petition for rezoning, the
Town Clerk shall transmit it to such officials and agencies as he
may deem appropriate for their review, report and recommendation.
Such officials and agencies shall each, within 30 days from receiving
the petition, furnish the Planning Board a report pertinent to his
or its respective jurisdiction.
(b)
The Planning Board shall review the petition
and development plan and evaluate reports received from reviewing
agencies and officials. Within 60 days following receipt by the Town
Clerk and after holding a public meeting on the petition, the Planning
Board shall furnish the Town Board and applicant either its findings
that the proposed rezoning complies with the Comprehensive Plan and
the regulations, standards, intent and objectives of this chapter
or a finding of any failure of such compliance and a recommendation
that the rezoning be approved, disapproved or modified.
[1]
Favorable report. A favorable report shall be
based on the following findings, which shall be included as a part
of the report:
[2]
Conditions. The Planning Board may include in
a favorable report a recommendation that the Town Board establish
conditions as a part of any resolution approving the application in
order to protect the public health, safety, welfare and environmental
quality of the community and to carry out the intent and objectives
of the Comprehensive Plan and this chapter.
[3]
Unfavorable report. An unfavorable report shall
state clearly the reasons therefor and, if appropriate, point out
to the applicant what changes might be necessary in order to receive
a favorable report.
(4)
Town Board proceedings.
(a)
(b)
Town Board action.
[1]
If the Town Board approves the amendment, supplement,
change or modification to district boundaries or classifications thereof,
after publication as required by law, the Zoning Map shall be amended.
[2]
The Town Board may, in order to protect the
public health, safety, welfare and environmental quality of the community,
attach to its resolution approving an application additional conditions
or requirements consistent with the intent and objectives of the Comprehensive
Plan and this chapter. The notice of the adoption of the resolution
shall not be published nor shall the Zoning Map be amended until the
applicant has filed with the Town Clerk written consent to those conditions.
C.
Notice of any proposed amendment to the chapter shall
be given to the owners of land immediately adjacent to the land affected
by said amendment extending 100 feet therefrom and of that directly
opposite thereto extending 100 feet from the street frontage of such
opposite land. Such notice shall be in writing and shall be deemed
properly served upon such owner or owners if a copy of such notice
is mailed to said owner or owners to the last known address of such
owner or owners in a sealed wrapper, with sufficient prepaid postage
affixed thereto, by the Building Inspector's office of the Town of
Evans. In addition to the above, written notice of zoning amendments
which fall within 500 feet of state, county, city, Town or village
boundaries will be made to said governmental body by the Building
Inspector's office of the Town of Evans.
[Added 10-4-1989 by L.L. No. 7-1989]
A.
Site plan submittal. A site plan must be submitted for all:
[Amended 7-15-2009 by L.L. No. 1-2009; 2-3-2016 by L.L. No. 1-2016; 10-17-2018 by L.L. No. 10-2018]
(1)
Residential developments which contain three or more dwelling units.
(2)
New business, industrial or community facilities developments.
(3)
Alterations or additions to existing commercial, industrial or public
developments which increase the gross floor area by more than 10%
of an existing structure, which existing structure is 10,000 square
feet or less.
(4)
Modifications to off-street parking, loading and stacking areas and
structures which add more than 10 spaces.
(5)
Developments within a floodplain district.
B.
Site plan; required information. The content of the
site plan shall be approved by the Building Inspector prior to filing.
The approved submission shall be filed with the Town Clerk, who, upon
payment of the required fees, shall transmit it to the Building Inspector
for distribution to such officials and agencies as he may deem appropriate
for their review, report and recommendation. The site plan shall include
or be accompanied by the following information, prepared by a licensed
engineer, architect, landscape architect, surveyor or attorney as
appropriate. The number of copies shall be determined by the Building
Inspector.
[Amended 12-19-2007 by L.L. No. 6-2007]
(1)
Title of drawing, including name of development, name
and address of applicant and person who prepared the drawing.
(2)
North point, scale and date.
(3)
Location of survey data.
(4)
A survey platted to scale of the proposed development,
including its acreage and a legal description thereof.
(5)
The lines and names of existing and proposed streets
and sidewalks immediately adjoining and within the proposed site.
(6)
Layout, number and dimension of lots.
(7)
Location, proposed use, height and floor plan of all
nonresidential and all residential structures containing three or
more dwelling units; location of all parking, loading and stacking
areas with access drives.
(8)
Location and proposed development of all open spaces,
including parks, playgrounds and open reservations.
(9)
Existing and proposed watercourses and direction of
flow.
(10)
Topographic map and drainage plan showing existing
and finished grades, engineering calculations and the impact on the
entire watershed.
(11)
Water supply plan, including location of fire
hydrants.
(12)
Paving, including typical cross sections and
profiles of proposed streets, pedestrian walkways, bikeways and parking
lots.
(13)
Sewage disposal plans.
(14)
A landscape plan indicating location, type and
size of existing trees and vegetation, identifying those to be preserved,
and location, type and size of trees, vegetation and other amenities
to be provided.
(15)
Location and design of lighting facilities,
fences, walls and signs.
(16)
Location and dimension of all signs for which
use permits are required under this chapter.
(17)
Proposed easements, restrictions, covenants
and provisions for homeowners' associations and common ownerships.
C.
Site plan review.
(1)
The Building Inspector shall review the site plan
to ensure that it is in conformance with this chapter, the approved
development plan, if one exists, and all other applicable laws. Thereafter
he shall forward the plan to the Planning Board and other agencies
for review as appropriate.
(2)
Within 45 days of its receipt of the application for
site plan approval from the Building Inspector, the agencies shall
review it and notify the Planning Board in writing of their comments
or recommendations.
(3)
Within 60 days of its receipt of the application for
site plan approval and after holding an open meeting, the Planning
Board shall act on it and notify the Building Inspector, Town Clerk
and applicant of its action. This time period may be extended by the
Planning Board or by written request of the applicant. In determining
its action, the Planning Board may seek advice from the agencies it
deems appropriate. The Planning Board's action shall be in the form
of a written report of approval or disapproval of the site plan. In
approving the site plan, the Planning Board may impose conditions
limiting the use and the occupancy of the land or proposed buildings
consistent with the intent and purposes of this chapter. If the Planning
Board disapproves, it shall state its reasons.
(4)
Standards for site plan approval. The Planning Board
shall approve the site plan if it finds that:
(a)
The proposed site plan is consistent with the
development plan if one is required.
(b)
The proposed site plan is consistent with the
intent, objectives and specific requirements of this chapter.
(c)
Adequate services and utilities will be available
prior to occupancy.
(d)
The site plan is consistent with all other applicable
laws.
(e)
If a SWPPP was submitted pursuant to § 200-42B(18) of the Town Code, the site plan and SWPPP comply with the performance and design criteria and standards set forth in Article XII of this chapter.
[Added 12-19-2007 by L.L. No. 6-2007]
(5)
Except for subdivisions that have been duly filed
in the office of the County Clerk, if construction of the approved
development has not commenced within two years from the time of site
plan approval, that approval shall be deemed revoked. Extensions of
this period may be granted by the Planning Board.
D.
Planning
Board review waiver.
[Added 7-15-2009 by L.L. No. 1-2009; amended 2-3-2016 by
L.L. No. 1-2016; 10-17-2018 by L.L. No. 10-2018]
(1)
Intent. A Planning Board review waiver may be issued if a proposed
project is minor in nature to the extent that full site plan review
by the Planning Board may not be necessary. Planning Board review
waiver applications shall be reviewed by the Town Code Enforcement
Officer, Planning Director, Assessor, and Town Engineer, who shall
comprise the Planning Board Review Waiver Committee.
(2)
In the case of an existing building, no change of occupancy shall
be made unless the Code Enforcement Official finds, upon inspection,
that such building and property thereof conform to the provisions
of law and of the ordinances with respect to the proposed new occupancy
and use. He may, in his discretion, require the filing of plans and
specifications showing the structural strength and type of construction
of such building or, if warranted, refer the owner of such property
to the Planning Board for site plan review before issuing such certificate.
(3)
Review criteria. The following criteria shall be considered when
evaluating a project for a Planning Board review waiver:
(a)
A project involves an addition to an existing structure of 10%
or less of the existing structure, which existing structure is 10,000
square feet or less.
(b)
The project is a change in use that involves a use similar to
the approved use that does not require additional parking of more
than 10 spaces.
(c)
The project involves the construction of an accessory structure
for an approved use, which is not visible from a roadway or adjoining
residential uses.
(d)
Such other minor changes to an approved site plan, as determined
by the Committee, that would warrant forgoing the full site plan approval
process.
(4)
Requirements. A Planning Board review waiver application form, property
survey, sketch plan or site plan if required, drainage plan, and any
additional submissions as requested by the Planning Board Review Waiver
Committee must be submitted for all projects to be considered for
Planning Board review waiver. All application materials shall be submitted
to the Town Planning Office with the appropriate filing fee.
(5)
Procedure. The Planning Board Review Waiver Committee shall review
the information provided and shall unanimously agree to approve the
Planning Board review waiver, finding the proposed project to be minor
in nature.
(a)
The Planning Board Review Waiver Committee, in making its decision,
may include conditions that must be met for the issuance of the building
permit. All decisions shall be recorded, in writing, and kept on file
with the Town.
(b)
Determinations and approval conditions for a Planning Board
review waiver may only be appealed by the applicant by appearing before
the Planning Board.
(c)
After review by the Committee, it may be determined that the
proposed project requires a greater level of review and must undergo
full site plan review with the Planning Board. This may be required
for projects that are located in zoning overlay districts.
[Amended 2-15-1989 by L.L. No. 2-1989; 8-4-2004 by L.L. No. 5-2004; 5-26-2010 by L.L. No. 1-2010]
A.
Administration and enforcement.
(1)
General provisions. This chapter shall be administered
by the Code Enforcement Officer, the Town Clerk and such agencies
as the Town Board shall direct and shall be enforced by the Code Enforcement
Officer. Those departments and agencies shall be provided with the
assistance of such persons as the Town Board may direct.
(2)
Enforcement. This chapter shall be enforced by the
Code Enforcement Officer. The Code Enforcement Officer or his staff
may enter any premises or building at a reasonable time to determine
whether or not the same is in violation of this chapter. He shall
order discontinuance of uses of land, buildings or structures or construction
of buildings, structures or additions, alterations or other structural
changes which are in violation of this chapter or any other law. Nothing
herein contained shall limit or restrict any other procedure provided
for the enforcement of this chapter or other applicable law.
B.
Building permits.
(1)
No person shall commence the erection, construction, enlargement, alteration, or improvement of any agricultural building or structure or any portion thereof or a fence without first having obtained a permit from the Code Enforcement Officer. The fee for the same shall be as set by resolution of the Town Board and as set forth in Chapter 106, Fees. No permit shall be required for:
(a)
Necessary repairs which do not materially affect
structural features.
C.
Determination of similar uses.
(1)
The Code Enforcement Officer may determine that a
use not specifically listed in any districts established by this chapter
is a similar use to those uses enumerated in a specific district.
In making a determination that a use is similar, the Code Enforcement
Officer shall first determine that:
(a)
The use is not listed in any other classification
of permitted buildings or uses;
(b)
The use is appropriate and conforms to the basic
characteristics of the classification to which it is to be added;
(c)
The use does not create dangers to health and
safety and does not create offensive noise, vibration, dust, heat,
smoke, odor, glare or other objectionable influences to an extent
greater than that resulting from other uses listed in the classification
to which it is to be added; and
(d)
Such a use does not create traffic to a greater
extent than the other uses listed in the classification to which it
is to be added.
(2)
The determination as to whether a use is similar to
uses permitted by right shall be considered as an expansion of the
use regulations of the district and not as a variance applying to
a particular situation. Any use found similar shall thereafter be
included in the enumeration of uses permitted by right.
D.
Certificate of compliance.
(1)
A certificate of compliance shall be applied for by
the owner or his agent and shall be issued by the Code Enforcement
Officer as a condition precedent to the occupancy and/or use of an
agricultural building or structure and land as follows:
(a)
Occupancy of an agricultural building or structure
erected or altered. A certificate of compliance shall be required
before occupancy of a new agricultural building or structure or before
occupancy or use of an existing structure which has been altered,
moved, changed in use or increased in off-street parking, loading
or stacking requirements. The certificate shall only be issued after
the erection or alteration of said structure or a component thereof
or after required accessory use and all approved site plan requirements
have been completed and found, by inspection, to be in conformity
with the provisions of the applicable laws and the approved site plan.
(b)
Change in use of conforming agricultural building,
structure, or land. A certificate of compliance shall be required
before occupancy of a conforming agricultural building, structure,
or land where the specific use has been changed and where, by reason
of the provisions of this chapter or other applicable law, increased
public or private facilities or modification of the structure is required.
The certificate shall be issued when found, by inspection, to be in
conformity with the provisions of all applicable laws.
(c)
Change in use of nonconforming agricultural
building, structure, or land. A certificate of compliance shall be
required whenever the specific use of a nonconforming agricultural
building, structure, or land is changed.
(2)
Record of existing agricultural building or structure
and land use. Upon application by the owner or his agent, the Code
Enforcement Officer shall inspect an agricultural building, structure,
or tract of land existing on the effective date of this chapter and
shall issue a certificate of compliance therefor certifying:
(3)
Application for certificate of compliance.
(a)
Application for a certificate of compliance
shall contain accurate information furnished by the owner or his agent
as to size and location of the lot, buildings or structures occupying
the lot, the dimensions of all yards and open spaces, the use of land
or structures and all additional documents as may be required by the
Code Enforcement Officer.
(b)
A record of all applications and certificates
issued shall be kept on file in the office of the Code Enforcement
Officer.
E.
Interpretations,
orders, etc. The Code Enforcement Officer shall interpret this chapter.
Any interpretation or order, requirement, decision or determination
in connection with this chapter shall be final except as otherwise
provided by law.
F.
Records
and reports. The Code Enforcement Officer shall keep or cause to be
kept a record in his department, suitably indexed, in regard to any
decision or determination reached by him in connection with the interpretation
or enforcement of this chapter.
A.
Appointment and organization.
(1)
The Board of Appeals. The Board of Appeals shall consist
of five members appointed by the Town Board. The members of the Board
of Appeals as now constituted shall continue in office until the expiration
of their present terms. Thereafter, their successors shall be appointed
for a term of five years each. Vacancies shall be filled as provided
for in the Town Law.
(2)
Clerk of the Board. The Building Inspector shall be
the Clerk of the Board of Appeals and shall perform such duties as
required by it. The Town Board may appoint additional clerks or other
employees serving at its pleasure to assist the Board of Appeals.
Minutes of all proceedings before the Board shall be taken and filed
in the office of the Town Clerk and shall be public records.
(3)
Alternate Zoning Board members. The Supervisor shall have the right
to appoint annually, subject to the approval of the Town Board, two
alternate members (first and second to the Board), and such alternate
members, upon the authorization of the Board Chairman, shall enjoy
the same rights and privileges as regular Board members, including
the right to participate in all discussions; provided, however, that
an alternate member shall be entitled to vote only when a regular
Board member is not present or is disqualified from voting. When a
Board member will not be voting, the Board Chair shall authorize such
Board member's voting authority to be first alternate and, if his/her
absence, to the second alternate. Any further reference herein to
Board members shall include any alternate, unless otherwise indicated.
[Added 5-20-2015 by L.L.
No. 2-2015]
(4)
The foregoing amends, expands and/or supersedes the provisions of
Subdivision 11 of § 267 of the New York State Town Law to
the extent that any provision thereof conflicts with the foregoing,
pursuant to the authority granted to the Town under the terms and
provisions of New York State Municipal Home Rule Law § 22.
[Added 5-20-2015 by L.L.
No. 2-2015]
B.
Powers and general procedure.
(1)
The Board shall have all the powers and perform all
of the duties established by statute and this chapter.
(2)
The Board shall adopt rules for the conduct of its
business, consistent with statute and this chapter.
(3)
The Chairman of the Board or, in his absence, the
Acting Chairman may administer oaths and compel the attendance of
witnesses in the manner and to the extent permitted by the Town Law
and the Civil Practice Law and Rules.
(4)
The Board may seek recommendations from the Planning
Board and other agencies it deems appropriate.
(5)
An appeal stays all proceedings in furtherance of
the action appealed from except as provided for in the Town Law.
(6)
Hearings shall be public and decisions shall be voted
upon at public sessions. The Board may otherwise hold executive sessions.
(7)
The decisions of the Board shall contain findings
supporting its decisions. Each decision and record of each proceeding
shall be filed in the office of the Town Clerk. A copy of the decision
shall be personally served upon or mailed to the applicant within
five days after such filing. This requirement shall not extend or
otherwise affect the limitation of time for the commencement of review
proceedings under the Town Law.
(8)
Rehearings shall be held only in accordance with the
Town Law.
(9)
Lapse of authorization. Any variance or modification
of regulations authorized by the Board of Appeals shall be automatically
revoked unless a building permit conforming to all the conditions
and requirements established is obtained within six months of the
date of approval by the Board of Appeals and construction is begun
within one year of said date of approval.
C.
Appellate jurisdiction.
(1)
Appeals for interpretation. The Board shall hear and
decide appeals where it is alleged that there is an error or misinterpretation
in any order, requirement, decision or determination by any administrative
official of the Town charged with the enforcement of the provisions
of this chapter or other regulations adopted pursuant to the Town
Law. The Board may reverse, modify or affirm, in whole or in part,
any such order, requirement, decision or determination appealed from
and may make such order, requirement, decision or determination as
in its opinion ought to be made in strictly applying and interpreting
the provisions of this chapter, and for such purposes shall have all
the powers of the office from whom the appeal is taken.
(2)
Appeals for variance.
(a)
On an appeal from an order, requirement, decision
or determination of any administrative official charged with the enforcement
of this chapter or other regulations adopted pursuant to the Town
Law where it is alleged by the appellant that there are practical
difficulties or unnecessary hardship in the way of carrying out the
strict application of any provision of this chapter or regulation,
the Board may grant a variance in the strict application of such provisions,
provided that all the following findings are made:
[1]
There are unique circumstances or conditions
peculiar to the particular property and the practical difficulties
or unnecessary hardship is created by the provisions of this chapter
or regulation in the zoning district in which the property is located.
[2]
Such circumstances or conditions are such that
the strict application of the provisions of this chapter or regulation
would deprive the applicant of the reasonable use of the property,
and the granting of the variance is therefore necessary to realize
a reasonable use of the property.
[3]
The variance, if granted, will be in harmony
with the general purpose and intent of this chapter or regulation
and will not be injurious to the neighborhood or impair the appropriate
use or development of adjacent property and will not be detrimental
to the public welfare.
[4]
Such practical difficulties or unnecessary hardship
is not self-created by any person having an interest in the property
through disregard for or ignorance of the provisions of this chapter
or regulation; provided, however, that where all other required findings
are made, the purchase of property subject to a variance grant shall
not itself constitute a self-created hardship.
[5]
Within the intent and purposes of this chapter
or regulation, the variance, if granted, is the minimum variance necessary
to afford relief.
(b)
In the following cases, variances may also be
granted:
[1]
Unusual size or shape of lot. Where, by reason
of exceptional narrowness, shallowness or shape of a specific piece
of property at the time of the effective date of this chapter, or
by reason of exceptional topographic conditions or other exceptional
physical difficulties in the development of such piece of property,
the literal enforcement of the requirements of this chapter or regulation
pertaining to bulk, yards or open space relationships would result
in peculiar practical difficulties or unnecessary hardship upon the
owner of such property.
[2]
Nonconforming structures. Where, because the
principal structure on any premises was originally lawfully erected
and intended for a principal use which would not be a nonconforming
use in the district in which located and the right to continue or
reestablish such nonconforming use in such structure is denied by
the provisions of this chapter, the literal enforcement of such provisions
would result in peculiar practical difficulties or unnecessary hardship
upon the owner of such property. In considering such appeal, the Board
shall give due regard to the age and condition of such structure and
its adaptability for or convertibility to a conforming use. In approving
any such appeal, the Board shall specify the time limit during which
such a grant of variance shall be effective, which time limit shall
in no case exceed the estimated useful life of such structure. In
case the building has been condemned and ordered to be demolished,
the Board shall not grant any such appeal.
[3]
Any other case involving practical difficulties
or unnecessary hardship in the way of carrying out any provisions
of this chapter or such regulations with respect to design regulations.
(c)
No variance under the provisions of Subsection C(2)(b) of this section or such regulation shall be authorized by the Board unless it finds that such a variance:
[1]
Will be in harmony with the general purpose
and intent of this chapter or such regulation, taking into account
the location and size of the use, the nature and intensity of the
operations involved in or conducted in connection with it and the
size of the site in respect to streets giving access thereto.
[2]
Will not tend to depreciate the value of adjacent
property, taking into account the possibility of screening or other
protective measures to protect adjacent properties.
[3]
Will not create a hazard to health, safety or
general welfare.
[4]
Will not alter the essential character of or
be detrimental to the neighborhood.
[5]
Is the minimum necessary to afford relief.
(d)
In granting a variance, the Board may vary or
modify the provisions of this chapter or such regulation so that the
spirit of the law shall be observed, public safety secured and substantial
justice done. Toward this end, the Board may prescribe such conditions
or restrictions as it may deem necessary. Such conditions or restrictions
shall be incorporated into the building permit and the certificate
of zoning compliance, and a violation thereof shall be a violation
of this chapter.
D.
Original jurisdiction.
(1)
Temporary structures or uses.
(a)
The Board may authorize a temporary and revocable
permit for not more than two years for uses and structures that do
not conform to the regulations of this chapter for the district in
which such uses or structures are located, provided that the following
findings are made:
(b)
The Board may authorize temporary structures
or uses incidental to development, provided that the nature and scale
of the development are such as to require temporary structures or
uses. The permit shall be on the condition that such development proceeds
diligently.
[Amended 5-17-2000 by L.L. No. 5-2000]
Unless otherwise provided specifically in this
chapter, special use permits authorized by this chapter shall only
be issued by the Town Board after a public hearing advertised in the
same manner as for an amendment to this chapter and after a report
and recommendation from the Planning Board as to whether the proposed
use is in compliance with the conditions and limitations of this chapter,
which report shall be delivered to the Town Board within a reasonable
time, or within such specific time as may be authorized and directed
by resolution of the Town Board.
A.
The Town Board shall hear and decide, in accordance
with the provisions of this chapter, all applications for special
use permits or for modifications of provisions of this chapter in
all such cases upon which the Town Board is specifically authorized
to pass or shall make any other determination required by this chapter.
B.
In authorizing any special use permit or modification
or in making any required determination, all required findings shall
be made, and, in the case of special use permits or renewals thereof
or modifications, the Town Board may prescribe appropriate conditions
to minimize adverse effects on the character of the surrounding area
and to safeguard the public health, safety or general welfare.
C.
No special use permit or renewal or modification thereof
shall be authorized by the Town Board unless, in addition to other
findings specified in this chapter, it finds that such special use
permit or renewal or modification:
(1)
Will be in harmony with the general purposes and intent
of this chapter.
(2)
Will not tend to depreciate the value of adjacent
property.
(3)
Will not create a hazard to health, safety or the
general welfare.
(4)
Will not alter the essential character of the neighborhood
nor be detrimental to the residents thereof.
(5)
Will not otherwise be detrimental to the public convenience
and welfare.
D.
It shall be the responsibility of the applicant for a special use permit to prove to the satisfaction of the Town the items in Subsection C, above. There shall be no presumption that a listed use is a permitted use where a special use permit is required.
E.
The special use permit shall be valid for a period
of two years or such other term as may be set by the Town Board upon
the issuance or upon any renewal of such special use permit.
F.
The following provisions shall apply:
[Amended 7-16-2014 by L.L. No. 3-2014]
(1)
A fee shall be paid at the time of the making of any application
for any special use permit required by this chapter.
(2)
If an amendment to the special use permit is required, the permit
holder shall submit a new application and pay a special use permit
amendment fee.
(3)
The fees required upon the application for the issuance of any special
use permit or the amendment thereof, shall be those set for such purposes
by resolution of the Town Board from time to time made and adopted.
G.
Revocation of a special use permit.
(1)
Upon receipt of information that a condition or requirement
established upon the issuance of a special use permit has been violated,
or has not been met or that, for any reason, the premises, or use,
for which such special use permit has been issued, is not in compliance
with any rule, regulation, ordinance, statute or law, the Building
Inspector shall cause an investigation of such issue to be undertaken
and a report shall be submitted and filed in said Building Inspector's
office.
(2)
After the report is filed in the Building Inspector's
office, and if the report shall confirm the existence of such violation
or noncompliance, the Building Inspector shall cause a notice to be
served upon the person or party to whom such special use permit had
been issued, either personally or by certified mail, specifying the
violations or noncompliance found, and such notice shall order that
such violation be cured and such noncompliance corrected forthwith.
(3)
Such notice shall also provide that any person or
party holding such special use permit shall be granted a hearing on
the matter before the Town Board; provided, however, that such person
or party shall file a written request for the same with the Town Clerk
within 10 days of the service of such notice. Such written request
shall contain a brief statement setting forth the grounds for the
requested hearing and the allegations of such notice which the person
or party requesting such hearing controverts. Upon receipt of the
same, the Town Clerk shall set a time and place for said hearing and
shall give the person or party requesting said hearing 10 days' written
notice thereof. At such hearing, the person or party requesting the
same shall be given an opportunity to be heard and to give reasons
why the special use permit should not be revoked. The hearing shall
be commenced not later than 20 days after the day upon which the request
was filed, provided that, upon application of any interested party,
the Town Clerk may postpone the date of the hearing for any reasonable
time beyond the twenty-day period if, in the judgment of the Town
Clerk, the person or party requesting such adjournment has submitted
good and sufficient reason for such adjournment. In no event shall
the hearing be postponed for a period longer than 60 days.
(4)
After the hearing is closed, if the same has been
requested as above, the Town Board shall make an order either confirming
the report of the Building Inspector and revoking such special use
permit, granting any relief requested by the person or party requesting
such hearing or granting such other and further relief as is deemed
appropriate by the Town Board under the circumstances.
(5)
In the event that a written request for a hearing,
as above provided, has not been received, within the time specified,
the Town Board may make such additional inquiry, if any, as it deems
appropriate and may, by resolution, and without the necessity of a
hearing, make an order either confirming the report of the Building
Inspector and revoking such special use permit or granting such other
and further relief as is deemed appropriate by the Town Board, under
the circumstances.
(6)
A copy of the order issued by the Town Board, upon
completion of said hearing and consideration of the evidence presented
at such hearing, if such hearing shall be conducted, shall be filed
with the Town Clerk. A copy of such order shall thereafter be served
upon the person or party to whom said special use permit was issued
in a manner hereinafter set forth.
(7)
Service of notice.
(a)
Service of any notice or order under the terms
and provisions of this section shall be made:
[1]
By any of the methods provided for service in
Article 3 of the New York State Civil Practice Law and Rules, as amended,
or any legislation replacing or superseding the same, from time to
time; or
[2]
By registered or certified mail, deposited in
a Post Office or official depository under the exclusive care and
custody of the United States Postal Service within the state, addressed
to the last known address of the person or party to whom such notice
or order is to be given or delivered, in which case a copy of said
notice or order shall be posted in a conspicuous place on the premises
to which it relates. Such service by registered or certified mail
shall be complete 10 days after the later of the mailing and posting
and shall be deemed adequate service.
(b)
Said notice or order shall be deemed to have
been received by the person or party upon whom, or upon which, such
notice or order is served, as above, upon the completion of such service
by any of the methods above referenced or set forth.
[Amended 9-5-1990 by L.L. No. 13-1990; 5-15-1991 by L.L. No.
10-1991; 2-19-1997 by L.L. No. 2-1997]
No application or appeal shall be accepted until all applicable fees, charges and expenses have been paid in full. Prior to the issuance of a permit, applicants shall pay to the Town Clerk a fee as set by resolution of the Town Board and as set forth in Chapter 106, Fees.
In the interpretation, application and enforcement
of the provisions of this chapter, the provisions thereof shall be
held to be the minimum requirements necessary for the protection and
promotion of the health, safety and general welfare of the town.
A.
Any person who violates any provision of this chapter
or any regulation adopted hereunder is guilty of an offense punishable
by a fine not exceeding $250 or imprisonment for a period not to exceed
six months, or both. Each week's continued violation shall constitute
a separate violation.
B.
Pursuant to § 268 of Article 16 of the Town
Law, a violation of this chapter is hereby declared to be an offense
punishable by a fine not exceeding $250 or imprisonment for a period
not to exceed six months, or both.
C.
A person shall be subject to the penalties imposed
by this section and § 268 of Article 16 of the Town Law
in any case where an order to remove any violation of any of the provisions
of this chapter has been served by the Building Inspector upon the
owner, general agent, lessee or tenant of the building, other structure
or tract of land, or any part thereof, or upon the architect, builder,
contractor or anyone who commits or assists in any such violation
and such person who shall fail to comply with such order within 10
days after the service thereof. Each week's continued violation shall
constitute a separate, additional violation and shall be punishable
hereunder.
[Amended 10-16-1996 by L.L. No. 14-1996]
A.
No new applications shall be issued and no applications
or permits, licenses or approvals shall be granted by any officer,
department, board or agency of the Town of Evans with respect to the
erection, establishment, siting, location, construction or development
of any communication towers or antennas or related wireless telecommunications
facilities or structures within the Town of Evans for a period of
five months from the effective date of this section, unless earlier
terminated by other local law, duly adopted.
B.
The Town Board of the Town of Evans shall have the
power to vary or modify the application of the provisions hereof by
resolution of the Town Board, duly passed, upon the Town Board's determination,
in its absolute and sole discretion, that such variance or modification
is consistent with the town's Comprehensive Master Plan, from time
to time existing, and with the health, safety, morals and general
welfare of the town.
