Auburn City Zoning Code
ARTICLE VIII
Administration and Enforcement
§ 305-93 Code Enforcement Officer.
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.
§ 305-94 Planning Board.
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.
§ 305-95 Zoning Board of Appeals.
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.
§ 305-96 Historic Resources Review Board.
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.
§ 305-97 Design Review Committee.
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.
§ 305-98 Planning Department.
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.
§ 305-99 Engineering Services Division.
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.
§ 305-100 Corporation Counsel.
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.
§ 305-101 New building permits.
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.
§ 305-102 Existing building permits.
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.
§ 305-103 Certificate of occupancy.
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.
§ 305-104 Special use permits.
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.
§ 305-105 Use and area variances.
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.
§ 305-106 Pending applications.
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.
§ 305-107 Procedure and requirements for amendments.
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.
§ 305-108 Fees.
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.
§ 305-109 Penalties for offenses.
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.