A.
Operational considerations. The Code Enforcement Officer is hereby
designated as the enforcement officer and is given the duty, power
and authority to enforce the provisions of this chapter.
B.
Jurisdiction and authority.
(1)
The Code Enforcement Officer shall receive and examine all applications for all permits and certificates of occupancy under this chapter and Chapter 125, Building Construction and Fire Prevention, of this Municipal Code.
(2)
If the application conforms to all applicable codes, laws, rules and regulations, and ordinances, the Code Enforcement Officer shall issue a building permit as provided in Chapter 125, unless approval must be obtained from any other official, board, agency or the City Council; then the Code Enforcement Officer shall refer such application to the appropriate review authority or authorities and shall issue a building permit only upon direction of the review authority or authorities.
(3)
The Code Enforcement Officer shall issue a written notice of violation to any person, firm or corporation violating any provisions of this chapter in the manner provided in Chapter 125 of this Municipal Code. The Code Enforcement Officer shall, to the extent possible, integrate the procedures and duties established by this chapter with those established by Chapter 125 of this Municipal Code, and the jurisdiction and authority herein granted shall be in addition to such granted by said Chapter 125.
A.
Establishment. Pursuant to the provisions of Article 12-A of the
General Municipal Law, a Planning Board is hereby established in and
for the City of Auburn.
B.
Appointment. The Planning Board shall consist of minimum of five
members serving for a minimum of three years. The members of the Planning
Board shall be appointed by the Mayor. The terms of the initial appointees
shall be for one, two and three years and thereafter for three years
each. Appointments upon the retirement of the initial terms shall
be for three years each.
C.
Minimum meeting and hearing attendance requirements. Members of the Planning Board are expected to attend all regularly scheduled and specially scheduled meetings of the Board. In the event that a member of the Board is absent from three consecutive meetings, or in the event a member of the Board is absent from three meetings within any one calendar year, then such member may be removed from the Board as provided in Subsection E(1) below.
D.
Training and attendance requirements.
(1)
Each member of the Planning Board shall complete, at a minimum, four
hours of training each year designed to enable such members to effectively
carry out their duties.
(2)
Training may include, but not be limited to, training provided by
a municipality, regional or county planning office or commission,
county planning federation, state agency, statewide municipal association,
college or other similar entity.
(3)
Training may be provided in a variety of formats, including, but
not limited to, electronic media, video, distance learning and traditional
classroom training.
(4)
To be eligible for reappointment to the Planning Board, such member
shall have completed required training pursuant to this section.
(5)
The training required by this subsection may be waived or modified
by the City Council when, in the judgment of the City Council, it
is in the best interest of the City to do so.
(6)
No decision of the Planning Board shall be voided or declared invalid
because of a failure to comply with this section.
E.
Removal procedure.
(1)
Failure to meet attendance requirements.
(a)
In the event a member of the Planning Board has failed to meet
the minimum attendance requirements set forth in this chapter, then
the Planning Board Chair may remove such member from the Planning
Board as herein provided:
(2)
Removal for cause.
(a)
Nothing contained herein shall be deemed to limit or restrict
the City Council's authority to remove a member from the Planning
Board for cause including conflict of interest or failure to abide
by the rules and procedures outlined in this chapter.
(b)
Action by the City Council.
[1]
Upon a finding that such member is in conflict with the provisions
established in this chapter, the City Council may remove such member
from the Planning Board as herein provided:
[a]
Such member shall be mailed a written notice specifying
the nature of the removal. A copy of such decision shall be filed
with the City.
F.
Powers and duties.
(1)
In addition to those other powers and duties assigned to the Board
by law, the City Planning Board is hereby empowered to perform the
following functions:
(a)
Approval or disapproval of site plans, special use permits,
and subdivisions.
(b)
Attach conditions and restrictions to an approved site plan
that are reasonable, directly related and incidental to the site plan.
(c)
Submittal of an advisory opinion to the Zoning Board of Appeals
for use and area variances.
(d)
Submittal of an advisory opinion to the City Council for proposed
amendments to this chapter.
(e)
Review and submit advisory opinions to the City Council on land
use plans, design standards, Municipal Code changes and any other
decisions by the City Council that are referred to the Planning Board.
Advisory opinions shall be transmitted within 30 days of the option
to the City Council for consideration.
(2)
Votes necessary for decision. The concurring vote of a majority of
the members of the Planning Board shall be required to act on a matter
before the planning board.
(3)
SEQRA compliance. The Planning Board shall comply with the provisions
of the state Environmental Quality Review Act (SEQRA) under Article
8 of the Environmental Conservation Law and regulation promulgated
thereunder, codified in Title 6, Part 617, of the New York Codes,
Rules and Regulations.
(4)
Filing of decisions and notice. The decision of the Planning Board
on an application shall be filed in the office of the City Clerk within
five business days after the date such decision is rendered and a
copy thereof sent to the applicant.
G.
General procedures.
(1)
The Planning Board shall act in strict accordance with the procedures
specified in this chapter.
(2)
Every decision of the Planning Board shall contain a full record
of findings in the case. The Planning Board shall keep minutes of
its proceedings, showing the vote of each member upon every question,
or if absent or failing to vote, indicating such fact, and shall also
keep records of its proceedings and other official actions.
(3)
The concurring vote of a majority of the members of the Planning
Board shall be necessary to approve site plans, special use permits
and subdivisions.
(4)
The Planning Board may provide advisory opinions in the form of a
positive recommendation or a negative recommendation, and shall provide
to the Zoning Board of Appeals or City Council a reasonable explanation
contained within the resolution in support of the Planning Board's
opinion.
A.
Establishment. Pursuant to the provisions of Article 5-A, § 81
of the General City Law, a Board of Appeals is hereby established
in and for the City of Auburn.
B.
Appointment. The Board of Appeals shall consist of seven members
of which no more than four shall be of the same political party. The
members of the Board of Appeals shall be appointed by the Mayor. The
terms of the initial appointees shall be for one, two and three years
and thereafter for three years each. Appointments upon the retirement
of the initial terms shall be for three years each.
C.
Vacancies. Appointments to fill vacancies shall be for the unexpired
term of the member or members whose term or terms become vacant. Such
appointments to fill such vacancies shall be made in the same manner
as the original appointment.
D.
General grant of power. The Board of Appeals shall perform all the
duties and have all the powers prescribed by the laws of the State
of New York and as herein provided.
E.
Rules of procedure. The Board of Appeals shall perform and adopt
rules in accordance with the provisions of this chapter and any others
not inconsistent herewith or with the laws of the State of New York.
F.
Votes necessary for a decision. The concurring votes of four members
of the Board of Appeals shall be necessary to reverse any order, requirement,
decision or determination of the Code Enforcement Officer or to decide
in favor of the appellant any matter upon which the Board of Appeals
is required to pass under the terms of this chapter or to effect variation
in this chapter. If four members of the Board of Appeals are present,
this shall constitute a legal quorum.
G.
Minimum meeting and hearing attendance requirements. Members of the Board of Appeals are expected to attend all regularly scheduled and specially scheduled meetings of the Board. In the event that a member of the Board is absent from three consecutive meetings, or in the event a member of the Board is absent from three meetings within any one calendar year, then such member may be removed from the Board as provided in Subsection I below.
H.
Training and attendance requirements.
(1)
Each member of the Board of Appeals shall complete, at a minimum,
four hours of training each year designed to enable such members to
more effectively carry out their duties.
(2)
Training may include, but not be limited to, training provided by
a municipality, regional or county planning office or commission,
county planning federation, state agency, statewide municipal association,
college or other similar entity.
(3)
Training may be provided in a variety of formats, including, but
not limited to, electronic media, video, distance learning and traditional
classroom training.
(4)
To be eligible for reappointment to the Board of Appeals, such member
shall have completed the training promoted by the City pursuant to
this section.
(5)
The training required by this subsection may be waived or modified
by the City Council when, in the judgment of the City Council, it
is in the best interest of the City to do so.
(6)
No decision of the Board of Appeals shall be voided or declared invalid
because of a failure to comply with this section.
I.
Removal procedure.
(1)
Failure to meet attendance requirements.
(a)
In the event a member of the Zoning Board of Appeals has failed
to meet the minimum attendance requirements set forth in this chapter,
then the Zoning Board of Appeals Chair may remove such member from
the Zoning Board of Appeals as herein provided:
(2)
Removal for cause.
(a)
Nothing contained herein shall be deemed to limit or restrict
the City Council's authority to remove a member from the Zoning Board
of Appeals for cause including conflict of interest or failure to
abide by the rules and procedures outlined in this chapter.
(b)
Action by the City Council.
[1]
Upon a finding that such member is in conflict with the provisions
established in this chapter, the City Council may remove such member
from the Zoning Board of Appeals as herein provided:
[a]
Such member shall be mailed a written notice specifying
the nature of the removal. A copy of such decision shall be filed
with the City.
J.
Powers and duties. The Board of Appeals shall have all the power
and duties prescribed by law and by this chapter, which 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)
The Board of Appeals, on appeal from the decision or determination
of the administrative official charged with the enforcement of this
chapter, shall have the power to grant use and area variances, as
defined herein.
K.
Hearing appeals. The jurisdiction of the Board of Appeals shall be
appellate only and shall be limited to hearing and deciding appeals
from and reviewing any order, requirement, decision, interpretation,
or determination made by the administrative official charged with
the enforcement of the Zoning Ordinance. Such appeal may be taken
by any person aggrieved, or by an officer, department, board or bureau
of the City.
(1)
Procedure.
(a)
Any person, firm or corporation who or which deems himself or
itself aggrieved by any order, requirement, decision shall have the
right to file a written appeal to the Board of Appeals within 20 days
of the issuance of such order, requirement, decision or determination.
(b)
The Board of Appeals shall decide each appeal within 60 days
after the final hearing and shall give notice to all parties in interest.
(c)
The decision of the Board of Appeals shall be immediately filed
in its office and be a public record.
(3)
Fees for appeals. Upon filing an appeal a fee as established by the
City Manager in the fee schedule shall be paid.
A.
Jurisdiction and appointment.
(1)
The membership, means of appointment, means of removal, terms, vacancies, and similar considerations shall be in accordance with Chapter 178, Historic Preservation, of the Municipal Code of the City of Auburn.
(2)
Any activity proposed under this chapter which would take place within an historic district or at an historic landmark as defined in Chapter 178 of the Municipal Code or within the Historic Resources Protection District established by this chapter shall be reviewed by the Historic Resources Review Board prior to action by any other agency.
A.
Jurisdiction and authority. The Design Review Committee is hereby
assigned the responsibility of reviewing all proposed projects subject
to minor and major site plan review.
C.
Duties and responsibilities. The Design Review Committee will review
minor site plan applications, and review and provide recommendations
to the Planning Board on applications for major site plan, special
use permit, and subdivision. All minor and major site plan applications
and special use permit applications will be reviewed for the completeness,
code compliance, and issues of public health, safety and welfare.
A.
Jurisdiction and authority.
(1)
The Planning Department (Office of Planning and Economic Development)
is hereby assigned the responsibility of coordinating the actions
of the Design Review Committee and advising other agencies administering
aspects of this chapter regarding matters which are within the technical
and professional competence of the Office.
(2)
The Planning Department (Office of Planning and Economic Development)
shall review and advise the Planning Board prior to its consideration
of a site plan, special permit, planned development district, or zoning
amendment as to the conformance of said proposal with sound planning
and design principles and the laws and regulations of the City of
Auburn regarding public works and the siting thereof.
(3)
The Planning Department (Office of Planning and Economic Development)
shall review and advise the Zoning Board of Appeals prior to its consideration
of a use or area variance as to the conformance of said proposal with
sound planning and design principles and the laws and regulations
of the City of Auburn regarding public works and the siting thereof.
A.
Jurisdiction and authority.
(1)
The Engineering Services Division shall review and approve the issuance
of all permits for construction of and siting of public works to insure
that such activity is being undertaken in conformance with sound engineering
principles and the laws and regulations of the City of Auburn.
(2)
The Engineering Services Division shall review and advise the Planning
Board prior to its consideration of a site plan, special permit, planned
development district, or zoning amendment as to the conformance of
said proposal with sound engineering principles and the laws and regulations
of the City of Auburn regarding public works and the siting thereof.
(3)
The Engineering Services Division shall review and advise the Zoning
Board of Appeals prior to its consideration of a use or area variance
as to the conformance of said proposal with sound engineering principles
and the laws and regulations of the City of Auburn regarding public
works and the siting thereof.
(4)
In advising the Planning Board or Zoning Board of Appeals or in reviewing
a permit application, the Engineering Services Division shall at least
address the adequacy of proposed utility design and location and highway
access, after a consultation with the Director of Municipal Utilities
and the Superintendent of Public Works, respectively.
A.
Jurisdiction and authority.
(1)
The Corporation Counsel is hereby assigned the responsibility
of providing legal advice and representation to other agencies administering
aspects of this chapter.
(2)
Attend all hearings of the Board of Appeals and the Planning
Board and shall normally attend any meeting of any such body and act
as the legal advisor to the body holding such hearing or meeting.
(3)
Provide all appropriate advice and aid to the Code Enforcement
Officer in the enforcement of this chapter and shall, where appropriate,
initiate such legal actions as may be necessary to the proper enforcement
of this chapter.
(4)
Review and give his or her opinion concerning the legal sufficiency
of any Charter provision, code, ordinance, rule or regulation, or
amendments thereto, relating to land use development and regulation
presently in force or proposed for adoption by any official, department,
bureau, board, commission or agency of the City.
(5)
Be available, on reasonable request, for consultation with the
Code Enforcement Officer, the Director of Planning, the Board of Appeals,
and the Planning Board concerning matters properly subject to their
jurisdiction and authority.
A.
Procedures and requirements for permits. All persons desiring to
undertake any new construction, structural alteration or changes in
the use of a building or lot shall apply to the Code Enforcement Officer
for a building permit which shall be issued only in accordance with
all applicable requirements and procedures specified in all applicable
laws, codes, rules or regulations, ordinances and this chapter and
this Municipal Code.
(1)
No application for a permit, special permit, site plan, variance,
zoning change, or other procedure required under this chapter shall
be processed which is incomplete.
(b)
Uses permitted by special permit or requiring minor or major
site plan approval.
(c)
Uses permitted after an appeal or request for variance. A building
permit may be issued by the Code Enforcement Officer upon order of
the Board of Appeals and after a public hearing held by the Board
of Appeals for the purpose of deciding upon the appeal or a request
for a variance.
(2)
After the building permit and any other applicable permit(s) have been issued to the applicant, he or she may proceed to perform the work permitted by the permit(s) and, upon the completion of the work, shall apply to the Code Enforcement Officer for a certificate of occupancy to be issued in accordance with Chapter 125 of this Municipal Code.
(3)
If the Code Enforcement Officer finds that the work has been performed in accordance with the building permit and any other applicable permit(s), he or she shall issue a certificate of occupancy allowing the premises to be occupied in accordance with Chapter 125 of this Municipal Code.
(4)
Revocation of building permit.
(a)
The Code Enforcement Officer or the Board of Appeals may revoke a building permit at any time if it appears that the application is in any material respect false or misleading or that work being performed upon the premises differs materially from that specified in the application or that a permit has been issued in error and conditions are such that a permit should not have been issued. The Code Enforcement Officer shall follow the procedures set forth in Chapter 125 of this Municipal Code.
Nothing in this chapter shall be deemed to require any change
in the plans, construction or designated use of any structure or prevent
issuance of a certificate of occupancy in the event that:
A.
A building permit for the same was lawfully issued prior to the effective
date of this chapter or any amendment thereof;
B.
Such permit had not by its own terms expired prior to such effective
date;
C.
The holder of such permit has taken substantial action, made substantial
expenditures or incurred substantial obligations in reliance on such
permit; and
D.
Construction pursuant to such permit is commenced prior to the expiration
of such permit and within 90 days of such effective date and is thereafter
diligently pursued to completion.
A.
Procedures and requirements for certificate of occupancy.
(1)
The purpose of a certificate of occupancy is to certify that the
premises comply with the provisions of this chapter and other applicable
laws, rules and regulations, ordinances and this Municipal Code and
that the premises may be used for the purposes set forth in the certificate
of occupancy.
(2)
Prior to the use or occupancy of any building for which a building permit or other permit (s) is required, or for any change of use of any existing building or for any change of use of land, a certificate of occupancy shall be obtained from the Code Enforcement Officer in accordance with the procedure provided in Chapter 125 of this Municipal Code.
B.
Procedures and requirements for certificate of nonconforming use.
The owner of the premises occupied by a lawful nonconforming use or
building may secure a certificate of nonconforming use from the Code
Enforcement Officer. Such certificate shall be authorized by the Board
of Appeals and shall be for the purpose of insuring to the owner the
right to continue such nonconforming use.
A.
Procedures and requirements.
(1)
Application for a special permit shall be made in writing upon
forms supplied by the Code Enforcement Officer and such forms shall
be deemed to be complete prior to action by the Planning Board.
(2)
Upon receipt of a complete application for a special permit
from the Code Enforcement Officer, the Planning Board shall schedule
a public hearing to consider the same.
(3)
Public hearings regarding special permits.
(a)
Upon filing with the Planning Board of a special permit request
as required by the terms of this chapter, the Planning Board shall
fix a time and place for a public hearing thereof as follows:
[1]
Public notice. By publishing a notice at least once, not less
than 10 days in advance of such hearing, in a newspaper of general
circulation of the City.
[2]
Notice to applicant. By sending a notice thereof to the applicant.
[3]
Notice to local officials. By delivering a notice to the Mayor,
to the members of the City Council, to the Zoning Board of Appeals,
and to the City Manager.
[4]
Notice to interested parties. The City shall mail one notice
to all owners of record of properties within 400 feet of the subject
property. Notice shall be mailed no fewer than five days prior to
a hearing.
[5]
Nature of notice and posting. The notice required shall be posted
upon instructions from the Planning Board and shall state the location
of the building or lot in question and the general nature of the question
involved.
(b)
At said public hearing, the Planning Board will receive testimony
and technical reports regarding the compatibility of the proposed
activity with the neighborhood where it will be established. Compatibility
will be determined based upon the following standards:
[1]
The proposed use will not generate traffic beyond the capacity
of the road serving the site or contribute to traffic congestion or
pose a hazard to pedestrians.
[2]
Noise, smoke, dust, noxious matter, heat, glare, or vibration
emanating from the proposed use will not exceed that customarily associated
with the neighborhood.
[3]
Storage and waste material will be screened from general public
view.
[4]
The general appearance of the use will be compatible with the
predominant scale and physical character of the neighborhood.
[5]
All requirements of this chapter applicable to the proposal
are being met.
(4)
Only upon determination of neighborhood compatibility and compliance
with the terms of this chapter, may the Board grant a special permit.
(5)
Fees for special permits shall be set by the City Council.
A.
Jurisdiction and authority. Use and area variances require Zoning
Board of Appeals approval. The Zoning Board of Appeals shall have
authority in determining whether an application for a use or area
variance is complete or incomplete, and unnecessary hardship in context
of the provisions of this chapter.
B.
Application.
(1)
All variance applications to the Zoning Board of Appeals shall
be in writing on forms prescribed by the Zoning Board of Appeals.
Every appeal shall include the following:
(a)
The name and address of the applicant.
(b)
The name and address of the owner of the district lot to be
affected by such proposed variance.
(c)
A brief description and location of the district lot to be affected
by such proposed variance.
(d)
A statement of the present zoning classification of the district
lot in question, the improvements thereon and the present use thereof.
(e)
A statement of this section or part of this chapter under which
the variance is made and the reasons why it should be granted.
(f)
A reasonably accurate description of the present improvements
and the additions or changes intended to be made under this application,
indicating the size of such proposed improvements, material, and general
construction thereof. In addition, there shall be attached a plot
plan of the real property to be affected indicating the location and
size of the lot and size of improvements thereon.
(2)
Upon filing a variance application a fee as established by the
City Council in the fee schedule shall be paid.
(3)
Complete application.
(a)
Upon filing a variance application a fee as established by the
City Council in the fee schedule shall be paid. The City shall mail
one notice to all owners of record of properties within 400 feet of
the subject property when application is for a use variance and within
100 feet of the subject property when application is for an area variance.
The notice will include the date and time of the first Zoning Board
of Appeals meeting which the project is on the agenda, and address
and description of the proposed project. Notice shall be mailed no
fewer than five days prior to a hearing.
C.
Approval procedures.
(1)
Upon receiving an application, the Zoning Board of Appeals will
determine if the application is complete.
(2)
In the event the Zoning Board of Appeals deems an application
incomplete or otherwise not properly filed, the applicant will be
notified in writing and given the opportunity within a specified period
of time (not less than seven days after the date of the notice) to
bring the application into compliance. An application which is the
subject of such notice but is not brought into compliance within the
period specified in such notice shall be denied for failure to comply
with these rules.
D.
Public hearings.
(1)
Once the Zoning Board of Appeals deems an application complete
for a variance request, the Zoning Board of Appeals shall fix a time
and place for a public hearing thereof as follows:
(a)
Public notice. By publishing a notice at least once, of not
less than 10 days in advance of such hearing, in a newspaper of general
circulation of the City.
(b)
Notice to applicant. By mailing a notice thereof by registered
or certified mail to the applicant.
(c)
Notice to local officials. By delivering a notice to the Mayor,
to members of the City Council, to the Planning Board, and to the
City Manager.
(d)
Notice to interested parties.
[1]
By mailing a notice thereof to every association of residents
of the City and any other interested party who or which shall have
registered their names and addresses for this purpose with the Zoning
Board of Appeals.
[2]
Notice shall also be mailed to the owners of record of properties
within 400 feet of the subject property when the application is for
a use variance and within 100 feet of the subject property when the
application is for an area variance in a residential zone.
(e)
Nature of notice and posting. The notice required shall be posted
upon instructions from the Zoning Board of Appeals and shall state
the location of the building or lot in question and the general nature
of the question involved.
E.
Use variances.
(1)
No such use variance shall be granted by the Zoning 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 Zoning 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)
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)
The requested use variance, if granted, will not alter the essential
character of the neighborhood; and
(d)
The alleged hardship has not been self-created.
(2)
The Zoning 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.
F.
Area variances.
(1)
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; and
(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.
(2)
The Zoning 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.
G.
Impositions of conditions.
(1)
The Zoning 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 this chapter and shall be imposed for
the purpose of minimizing any adverse impact such variance may have
on the neighborhood or community.
(2)
The Zoning Board of Appeals may reverse or affirm, wholly or
partly, or may modify the order, requirement, decision, interpretation
or determination appealed from and shall make such order, requirement,
decision, interpretation or determination as in its opinion ought
to have been made in the matter by the administrative official charged
with the enforcement of this chapter and to that end shall have all
the powers of the administrative official from whose order, requirement,
decision, interpretation or determination the appeal is taken.
(3)
Pursuant to § 81 of the General City Law, the Zoning
Board of Appeals shall have the power to vary or modify the application
of any of the regulations or provisions of this chapter relating to
the use, construction, structural changes in, equipment or alteration
of buildings or structures, or the use of the land, where there are
practical difficulties or unnecessary hardship in the way of carrying
out the strict letter of this chapter, so that the spirit of this
chapter shall be observed, public safety and welfare secured and substantial
justice done.
H.
Lapse. Unless otherwise specified by the Zoning Board of Appeals,
a decision shall expire if the applicant fails to obtain any necessary
building permit or comply with the conditions of such permit within
six months from the date of authorization thereof.
(1)
Should the six-month period elapse, the Code Enforcement Officer
shall be empowered to extend the variance for one additional six-month
period upon making a determination that no building permit has been
issued or requested that have or would result in a substantial change
in the character of the neighborhood.
(2)
When such permits have been requested or issued, the officer
shall report the same to the Zoning Board of Appeals and refer the
matter of extension to the Zoning Board of Appeals for consideration
and disposition.
This chapter and any amendment thereof shall apply to all applications
pending and not yet finally decided by the authorized personnel or
Board on the effective date thereof, except, however, where a public
hearing has been held with respect to such pending application prior
to such effective date. Where such circumstances exist, the regulations
in effect at the time of the hearing shall be the basis for action
on such pending application.
A.
Purpose. Amendments may be initiated by the City Council, Zoning
Board of Appeals, Planning Board, the owner of or other person having
contractual interest in property to be impacted by the amendment,
or the owners of 50% or more of the frontage of property to be impacted
by the proposed amendment.
B.
Procedures.
(1)
Amendments initiated by the City Council or Zoning Board of
Appeals shall be transmitted to the Planning Board for consideration
in accordance with this section.
(2)
Amendments initiated by property owners shall be addressed to
the City Council and submitted to the Planning Board along with the
fee required by the duly enacted fee schedule and the following information:
(a)
The applicant's name and address and his interest in the subject
property.
(b)
The owner's name and address, if different than the applicant,
and the owner's signed consent to the filing of the application.
(c)
The name, residence and the nature and extent of the interest,
as defined by § 809 of the General Municipal Law of New
York, of any state officer or any officer or employee of the City
of Auburn or the County of Cayuga in the subject property if known
to the applicant.
(d)
The precise wording of any proposed amendment to the text of
this chapter.
(e)
A statement of the need and justification for the proposed amendment.
(f)
A statement as to the conformity of the proposed amendment to
the Comprehensive Plan and the reason for any deviation from such
plan.
(g)
In the event that the proposed amendment would change the zoning
classification of any property:
[1]
A street address or legal description of the property proposed
to be reclassified.
[2]
The names and addresses of all owners of property located on
the same frontage or frontages as the front or side lot line of the
property proposed to be reclassified or on a frontage immediately
across from any such frontage or on a corner diagonally across from
a corner on which the property proposed to be reclassified is located
or within 50 feet of the rear lot line of the property proposed to
be reclassified, as shown in the records of the office of the City
Assessor.
[3]
The present zoning classification and existing uses of the property
proposed to be reclassified.
[4]
The area of the property proposed to be reclassified, stated
in square feet or acres, or fraction thereof.
[5]
A map, drawn to scale, clearly showing and locating the property
proposed to be reclassified and its present zoning classification
and existing uses and all existing uses and zoning classifications
within 200 feet of such property.
[6]
Where site plan approval is required by this chapter, a site plan as defined by Article VI, Site Plan Review, shall be supplied.
[7]
Such other information or documentation as the Planning Board
may deem necessary or appropriate to a full and proper consideration
and disposition of the particular application.
Fees authorized by this chapter shall be set by the City Manager
in accordance with the procedures established in the City of Auburn
Consolidated Fee Schedule.
A.
Fines and imprisonment.
(1)
General. Any person, firm or corporation violating any provision
of this chapter, other than those charged with illegal conversions,
shall be punished by a fine not to exceed $250 or imprisonment not
exceeding 15 days, or by both such fine and imprisonment.
(2)
Conversions. Any person, firm or corporation who or which illegally
converts any residential property in the City of Auburn in violation
of the terms and conditions of this chapter shall be subject to a
fine not less than $500 nor more than $1,000 or imprisonment not exceeding
15 days, or to both such fine and imprisonment.
(3)
Other. Each day that a violation is continued shall constitute
a separate offense.
B.
Injunctive relief. Injunctive relief. In case any building or structure
is erected, constructed, reconstructed, altered, repaired, converted,
or maintained or any building, structure, or land is used in violation
of this chapter, or of any rule or regulation made under authority
conferred hereby, the City Manager or, with his/her approval, the
Code Enforcement Officer or other proper official, in addition to
other remedies, may institute any appropriate action or proceedings
to prevent or remove such unlawful erection, maintenance or use or
to prevent any illegal act, conduct, business or use in or about such
premises.
