[1]
Editor's Note: Former Article VIII, Soils
District, which consisted of § 19-36, Flood-Prone and West
Soils District, which article immediately preceded this article, was
deleted 8-11-1987 by L.L. No. 2-1987.
[Amended 8-11-1987 by L.L. No. 2-1987]
A.
The Zoning Officer of the Town of Clarkson, as appointed
by the Town Board, shall be charged with the principal executive and
administrative duties of this chapter. He shall be empowered to issue
the permits as heretofore set forth and shall be generally charged
and responsible for inspection, investigation and reporting of violations.
It shall be his duty to:
(1)
Issue zoning permits, certificates of occupancy and
certificates of legal preexisting nonconformance, in the form prescribed
by the Town Board, to all applicants who shall fully comply with the
provisions of this chapter, and to keep duplicate records thereof.
(2)
Keep proper records and copies of all applications
and plans for such permits and the reasons for his refusal to issue
any permits in cases of noncompliance with such provisions.
(3)
Provide the Board of Appeals, in writing, with all
facts pertaining to his refusal to issue such permits whenever such
information shall be requested by said Board.
(4)
Submit a report to the Town Board for each calendar
month, setting forth all applications received, inspections made and
the action taken on each.
B.
If the Zoning Officer shall find that any provision
of this chapter is being violated, he shall notify, in writing, the
party responsible for such violation, indicating the nature of the
violation and ordering the action necessary to correct it. He shall
order discontinuance of illegal use of land, buildings or structures;
removal of illegal buildings or structures or of illegal additions,
alterations or structural changes; discontinuance of any illegal work
being done; or shall take any other action authorized by this chapter
to ensure compliance with or to prevent violation of its provisions.
[Amended 6-13-1989 by L.L. No. 4-1989]
A.
Upon written request or proper application for a certificate or permit by the property owner or his duly authorized agent, the Zoning Officer shall, when necessary, inspect any building, other structure or tract of land and shall issue the proper certificate or permit where such use or structure conforms to all the provisions of this chapter or the regulations as existing at the time the use was established or that a variance in use has been granted therefor. However, no certificate or permit shall be issued if there are any pending violations of law or orders of the Zoning Officer, the Board of Appeals or the Town Board, and, in the case of nonconforming properties, the provisions of § 140-17 shall govern.
B.
Zoning permits.
(1)
No structure shall be erected, altered, placed, moved
or demolished until a permit has been issued therefor by the Zoning
Officer, and such permit is prominently displayed upon the premises.
This requirement applies equally to the construction or installation
of underground structures, including sewage disposal systems.
(2)
Such permit shall expire 90 days after the issuance
thereof unless construction shall have been commenced within said
period, and it shall expire 18 months after the date of issue in any
event.
C.
Certificate of occupancy.
[Amended 9-9-2003 by L.L. No. 2-2003]
(1)
Requirement. No building or other structure or part
thereof hereafter erected or altered in its use or structure shall
be used or occupied until the Building Inspector shall have issued
a certificate of occupancy stating that such building, structure or
part thereof and the proposed occupancy or use thereof are found to
be in conformity with the provisions of all applicable state and local
laws and conditions of approval of any approvals authorized by this
chapter.
(2)
Issuance. Within five days after notification that
a building or structure or premises is ready for occupancy or use,
it shall be the duty of the Building Inspector to make a final inspection
thereof and issue a certificate of occupancy if the land, building,
structure or part thereof is found to conform to the provisions of
all applicable state and local laws.
(3)
Refusal. If the Building Inspector, after such final
inspection, refuses to issue a certificate of occupancy, the Building
Inspector shall state such refusal, in writing, with the cause and
immediately thereupon mail notice of such refusal to the applicant
to the address indicated on the application.
(4)
Upon transfer of title to a new owner or execution
and recording of a mortgage upon said building, or said building becoming
vacant, no two-family dwelling, no mixed occupancy containing two
or more families, no multiple dwelling, no commercial and no industrial
building shall be occupied in whole or in part until the issuance
of a certificate of occupancy by the Building Inspector that said
dwelling conforms in all respects to the requirements of this chapter.
The Building Inspector may, on the request of the owner or certified
agent, issue a temporary certificate of occupancy in his discretion.
D.
Certificates of legal preexisting nonconformance.
(1)
Upon written request from the owner of the premises, a certificate of legal preexisting nonconformance for any structure or premises lawfully existing or used at the time this chapter takes effect shall be issued by the Zoning Officer certifying that the continuance of such use is permissible under the provisions of § 140-17 of this chapter.
(2)
The certificate shall specifically state wherein the
nonconforming use or structure differs from the provisions of this
chapter. Failure to make such request within 12 months of the effective
date of this chapter shall be presumptive evidence that the property
was in conforming use at the time of enactment or amendment of this
chapter and therefore is not qualified to take advantage of the special
rules for nonconforming uses.
E.
Temporary permits.
(1)
The Planning Board, in its discretion, may grant temporary
nonconforming permits for a period not exceeding six months for use
or occupancy for a nonconforming use designated in such permit within
any district. Such temporary permits shall be limited as to time and
may be extended for not more than one six-month period. Upon the expiration
of such temporary permit and any extension thereof, the nonconforming
use permitted thereby shall thereupon cease.
(2)
A temporary certificate of occupancy may be issued
by the Zoning Officer for a period not exceeding six months during
alterations or partial occupancy of the building pending its completion,
provided that such temporary certificate shall include such conditions
and safeguards as will protect the safety of the occupants and the
public.
F.
Special permits.
(1)
No special permit will be granted by any official
board unless such board shall find after a public hearing that such
special permit or modification will:
[Amended 4-12-1988 by L.L. No. 1-1988]
(a)
Be in harmony with the general purpose and intent
of this chapter, taking into account the location and size of 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.
(b)
Not tend to depreciate the value of adjacent
property, taking into account the possibility of screening or other
protective measures.
(c)
Not create a hazard to health, safety or general
welfare.
(d)
Not be detrimental to the flow of traffic in
the vicinity, or, in the case of major roads operating above 90% of
their peak-hour capacity, does not generate a greater amount of traffic
than a normally permitted use.
(e)
Not alter the essential character of the neighborhood
nor be detrimental to the residents thereof.
(2)
Any use for which a special permit has been granted
shall, in its operations and maintenance, conform strictly to the
description of the use as submitted in the application to the appropriate
board, subject to any conditions or limitations that such board may
have attached in granting the special permit. A special permit shall
be deemed to authorize only one particular special use and shall expire
if the special use shall cease for more than six months for any reason.
(3)
Public hearing procedure. Upon application to the
official board empowered to hear and decide on the application, the
board shall fix a time within 45 days from the date of said application
for a public hearing on the matter. The board shall cause a public
notice of this public hearing to be published in the official newspaper
of the Town at least five days prior to the date of said hearing and
shall decide the matter within 45 days of the date of such hearing,
provided, however, that the time for the board to reach its decision
may be extended by mutual consent of the applicant and the official
board. The decision of the board shall be filed in the office of the
Town Clerk and a copy thereof mailed to the applicant at the address
shown on the application.
[Added 4-12-1988 by L.L. No. 1-1988]
[Amended 8-11-1987 by L.L. No. 2-1987]
A.
Applications for zoning permits, special permits and
temporary nonconforming use permits shall be made, in duplicate, by
the owner or his agent and filed with the Town Clerk. Such applications
shall include a site plan, a detailed statement of the proposed use
of the property and such maps, plans and specifications or other information
as may be required by the Zoning Officer or appropriate board. The
site plan shall be drawn to scale and shall show the location, dimensions
and area of the site; the locations and heights of existing and proposed
buildings and lots; facilities for vehicular and pedestrian access
and circulation; the layout of off-street parking space and loading
space; types of pavement to be used; stormwater drainage provisions;
exterior lighting; and landscaping of the site, including appropriate
screening measures for the protection of adjacent properties. Applications
for special permits shall also indicate the section of this chapter
under which the special permit is sought and the grounds for the request,
along with all supporting evidence with respect to the criterion established
herein.
B.
One copy of the plans shall be returned to the applicant
by the Zoning Officer after he shall have marked such copy either
as approved or disapproved and attested to the same by his signature
on such copy. The original, similarly marked, shall be retained by
the Zoning Officer.
C.
Application for a certificate of occupancy is made
upon completion of a structure being erected or altered under a legally
issued zoning permit through a written request for inspection made
to the Zoning Officer.
D.
Application for a temporary certificate of occupancy
is made by submitting to the Zoning Officer a written request for
inspection of the relevant portion of the premises, including a presentation
of why the certificate should be granted.
[Amended 8-11-1987 by L.L. No. 2-1987]
The Town Board shall establish a schedule of
fees, charges and expenses and a collection procedure for zoning permits,
certificates of occupancy, appeals and other matters covered by this
chapter. The schedule of fees shall be posted in the office of the
Town Clerk and may be altered or amended only by the Town Board. Until
all applicable fees, charges and expenses have been paid in full,
no action shall be taken on any application or appeal.
B.
The Planning Board shall have power to pursue all
those duties established for it by the Town Law and this chapter.
It shall establish such rules and regulations as are necessary for
the transaction of its business and may amend, modify and repeal the
same.
C.
Whenever the Planning Board, after hearing all the
evidence presented upon an application for appeals under the provisions
of this chapter, denies or rejects the same, the Board shall refuse
to hold further hearings on the same or substantially similar application
for appeal by the same applicant or his successors or assigns for
a period of one year, except and unless the Board shall find and determine,
from the information supplied by the request for a rehearing, that
changed conditions have occurred relating to the promotion of public
health, safety, convenience, comfort, prosperity and general welfare
and that a reconsideration is justified.
D.
Site plans and special permits. The Planning Board
shall hear and decide all applications for site plans and special
permits in all such cases upon which the Planning Board is specifically
authorized to pass or to make any other determination required herein,
pursuant to § 274-a of the Town Law. All uses listed as
subject to a site plan review or special permit authorized by the
Planning Board are declared to possess characteristics of such unique
and special form that each use shall be considered as an individual
case.
[Added 10-11-1988 by L.L. No. 4-1988]
E.
Public hearing. The Planning Board shall fix a reasonable
time for a hearing for a special permit and shall give notice thereof
pursuant to § 274-a of the Town Law.
[Added 10-11-1988 by L.L. No. 4-1988]
F.
Review by County Planning Agency. Applications for
site plans and special permits which are subject to review by the
County Planning Agency pursuant to § 239-m of the General
Municipal Law shall be referred by the Planning Board to the Monroe
County Department of Planning for its recommendations.
[Added 10-11-1988 by L.L. No. 4-1988]
[Amended 8-11-1987 by L.L. No. 2-1987; 6-9-1992 by L.L. No. 4-1992]
A.
Establishment. Pursuant to the provisions of § 267
of the Town Law, a Zoning Board of Appeals is created. Said Board
shall consist of five members who shall be appointed by the Town Board
pursuant to the provisions of Local Law No. 2-2002.[1] Said Board shall have all the powers and perform all the
duties prescribed by statute and by this chapter.
[Amended 1-8-2002 by L.L. No. 2-2002]
B.
AREA VARIANCE
USE VARIANCE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
The authorization by the Zoning Board of Appeals for the
use of land in a manner which is not allowed by the dimensional or
topographical requirements of the applicable zoning regulations.
The authorization by the Zoning Board of Appeals for the
use of land in a manner or for a purpose which is otherwise not allowed
or is prohibited by the applicable zoning regulations.
C.
Chairperson. The Chairperson of the Zoning Board of
Appeals shall be appointed by the Town Board. All meetings of the
Zoning Board of Appeals shall be held at the call of the Chairperson
and at such other times as such Board may determine. The Chairperson
or, in his or her absence, the Acting Chairperson may administer oaths
and compel the attendance of witnesses.
D.
Board of Appeals procedure. Except as modified herein,
the procedure of the Zoning Board of Appeals shall be as set forth
in § 267-a of the Town Law.
E.
Permitted action by the Board of Appeals. The Zoning
Board shall have the authority to act pursuant to § 267-b
of the Town Law. In addition, the Board of Appeals shall have the
authority to hear and decide on special permits as set forth herein.
F.
Special permits. The Board of Appeals shall hear and
decide all applications for special permits in all such cases upon
which the Board of Appeals is specifically authorized to pass or to
make any other determination required herein. All uses listed as subject
to a special permit authorized by the Zoning Board of Appeals are
declared to possess characteristics of such unique and special form
that each use shall be considered as an individual case. In deciding
special permit applications, the Zoning Board of Appeals shall be
guided by the standards for a special permit set forth in this chapter
and not by the standards for a use or area variance.
G.
Lapse of authorization. Any variance or special permit
authorized by the Board of Appeals and involving work for which a
zoning permit is required shall terminate unless a construction permit
conforming to all the conditions and requirements established by the
Zoning Board of Appeals is obtained within one year of the date of
approval by the Board of Appeals, or within such longer period as
the Board of Appeals may grant, and construction is completed in due
course.
H.
Violation of conditions or restrictions. Failure to
comply with any condition or restriction prescribed by the Board of
Appeals in approving any appeal for a variance or application for
a special permit shall constitute a violation. Such violation may
constitute the basis for revocation of a variance or special permit
or for imposing penalties or other applicable remedies.
I.
Rehearings. Whenever the Board of Appeals, after hearing
all the evidence presented upon an application for appeal under the
provisions of this chapter, denies or rejects the same, the Board
shall refuse to hold further hearings on the same or substantially
similar application for appeal by the same applicant or his successors
or assigns for a period of one year, except and unless the Board shall
find and determine from the information supplied by the request for
a rehearing that changed conditions have occurred relating to the
promotion of public health, safety, convenience, comfort, prosperity
and general welfare and that a reconsideration is justified. If a
reconsideration is allowed, it shall be treated as a new application
for the purpose of procedures and hearings.
[Amended 8-11-1987 by L.L. No. 2-1987]
Except as the same may be inconsistent with
or prohibited by the provisions of law applicable to the New York
State Uniform Fire Prevention and Building Code and its Commission,
all rights and powers, including but not limited to the right of appeal
and the right of review by certiorari as set forth by the laws of
the State of New York applicable thereto, are conferred and granted
to any person or persons, officer, department, board or bureau of
the Town, of the Town Board, Board of Appeals, Town Clerk or any of
the officers, employees or subdivision of the said Boards. In the
event of any appeal or special application, the appellant or applicant
shall pay all costs and expenses for publication, posting and notification
incurred on such appeal or application.
A.
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, Zoning Officer or Planning
Board.
[Amended 8-11-1987 by L.L. No. 2-1987]
B.
A violation 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 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 8-11-1987 by L.L. No. 2-1987]
C.
A person shall be subject to the penalties imposed
by this section in any case where an order to remove any violation
of any of the provisions of this chapter has been caused to be served
by the Town Board 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 where such person shall fail to
comply with such order within 10 days after the service thereof. Each
day's continued violation shall constitute a separate additional violation
and shall be punishable hereunder.
D.
In addition to the foregoing remedies, the Town may
institute any appropriate action or proceeding permitted by law to
prevent, correct or restrain any violation of this chapter.
A.
The Town Board may, from time to time, on its own
motion, or on petition or on recommendation of the Planning Board,
and in accordance with the laws of the State of New York, amend, supplement
or repeal the regulations, provisions or boundaries of this chapter.
B.
Filing of petition. A petition to amend, change or
supplement the text of this chapter or any zoning district as designated
on the Zoning Map established herein shall be filed with the Town
Clerk and shall be transmitted by him to the Town Board.
C.
Referral to Planning Board. Each proposed amendment,
except those initiated by the Planning Board, shall be referred to
the Planning Board for an advisory report. In reporting, the Planning
Board shall fully state its reasons for recommending or opposing the
adoption of such proposed amendment and, if it shall recommend adoption,
shall describe any changes in conditions which it believes make the
amendment desirable and shall state whether such amendment is in harmony
with a Comprehensive Plan for land use in the Town. No action shall
be taken by the Town Board until the Planning Board completes its
report or until 30 days after the referral to the Planning Board,
whichever occurs first.
D.
Public hearings, official notice. The Town Board shall
fix a reasonable time for a public hearing on the proposed amendment
and shall give notice thereof in accordance with § 264 of
the Town Law.
[Amended 8-11-1987 by L.L. No. 2-1987]
E.
Rehearing on petition. The disposition of a petition
for amendment by the Town Board shall be final, and disapproval or
denial of the proposed amendment shall void the petition. No new petition
for an amendment which has been previously denied by the Town Board
shall be considered by it, except for a vote to table or to receive
and file, and no public hearing shall be held on such amendment, within
a period of one year from the date of such previous denial, unless
the Town Planning Board shall submit a recommendation, with reasons
stated therefor, certifying that there have been substantial changes
in the situation which would merit a rehearing by the Town Board.
F.
Nonconforming use resulting from amendment. If any
area is transferred to an area of more restricted use, any nonconforming
use existing therein may be continued pursuant to the provisions of
this chapter.
