Bath City Zoning Code
ARTICLE VI
Administration
§ 119-52 Enforcement.
A.
Zoning Officer. The duty of administering and enforcing this chapter is hereby conferred upon the Zoning Officer, who shall have such powers as are conferred upon him by this chapter and as may reasonably be implied. He shall be appointed by the Village Board and shall receive such compensation as said Board shall determine.
B.
Duties of Zoning Officer. For the purpose of this chapter, the Zoning Officer shall have the following duties:
(1)
To issue zoning permits in compliance with the provisions of this chapter.
(2)
Upon finding that any provision of this chapter is being violated, to notify in writing the person responsible for such violation and the action necessary to correct said violation.
(3)
To order discontinuance of illegal uses of land, buildings or structures.
(4)
To order removal of illegal buildings or structures or illegal additions or structural alterations.
(5)
To order discontinuance of any illegal work being done.
(6)
To take any other action authorized by this chapter to assure compliance with or prevent violations of this chapter.
(7)
To issue appearance tickets to violators and file an information with the Village Justice in the event of a violation.
(8)
To submit a written monthly report to the Board of Trustees describing and enumerating actions taken and permits issued under this chapter.
§ 119-53 Zoning permits; certificates of zoning compliance.
A.
Zoning permits.
(1)
No building or structure shall be erected, moved, added to or enlarged, nor shall any use of buildings or land be established or changed, without a zoning permit therefor issued by the Zoning Officer in compliance with this chapter.
(2)
Expiration of permits.
(a)
If the work for which a zoning permit is issued has not begun within six months from the date of issuance, said permit shall expire.
(b)
If the work for which a zoning permit has been issued has not been substantially completed within two years of the date of the permit, said permit shall expire.
B.
Certificate of zoning compliance. A certificate of zoning compliance is required for any of the following:
§ 119-54 Application for permits and certificates.
A.
Applications for zoning permits and certificates of zoning compliance shall be submitted to the Zoning Officer on forms provided by him. Such permits and certificates shall be issued only in conformance with all the provisions of this chapter.
B.
Each application shall set forth the purpose for which the building is intended and shall be accompanied by a plot plan, scale drawings and/or sketches and descriptions of the lot, building dimensions or required yards and such other information as may lawfully be required by the Zoning Officer, including the number of families, number of dwelling units and conditions existing on the lot.
C.
The Zoning Officer shall make or cause to have made an inspection of each building or lot for which a certificate of zoning compliance has been applied for before issuing such certificate.
D.
The original copy of such plans and/or illustrative and explanatory material shall be filed at the Village Hall.
§ 119-55 Fees.
A.
The following schedule of fees shall be effective with the enactment of this chapter:
[Amended 9-3-1991; 12-2-1991]
Type of Application | Fee | ||
|---|---|---|---|
Zoning permits | |||
Fences, walls and hedges; signs; and small residential structures | $2 (including certificate of compliance) | ||
All other uses | $5 | ||
Certificate of compliance | $5 | ||
Appeal for variance | $25 | ||
Special permit | $25 | ||
Application for zoning change | $50 | ||
B.
Fees shall be paid at the office of the Village Clerk upon the filing of an application.
C.
The schedule of fees shall be posted in the Municipal Building and may be altered or amended by the Board of Trustees.
D.
Fees are not refundable.
E.
No action will be taken on any application or appeal until applicable fees have been paid.
§ 119-56 Board of Appeals.
A.
Membership; term of office; vacancies; removal.
(1)
The Board of Trustees shall provide for the appointment of a Board of Appeals consisting of three or five members, one of whom shall be appointed Chairman by the Board of Trustees for a period of three years. The first appointments of members thereto shall be for terms so fixed that at least one will expire at the end of each official year commencing at the end of the current such year and continuing in the succeeding year until the entire original appointments run out. At the expiration of each original appointment, the succeeding members shall be appointed for three-year terms in the case of a three-member Board and five-year terms in the case of a five-member Board. No such term shall exceed five years.
(2)
Vacancies shall be filled for the unexpired term of the member whose place has become vacant.
(3)
No person who is a member of the Village Board of Trustees shall be eligible for membership on such Board of Appeals.
(4)
The Board of Trustees shall have the power to remove any member of the Board for cause and after public hearing.
B.
Meetings. All meetings of the Board of Appeals shall be held at the call of the Chairman and at such other times as such Board may determine. Such Chairman or, in his absence, the Deputy Chairman, who shall also be appointed by the Board of Trustees, may administer oaths and compel the attendance of witnesses. All meetings of such Board shall be open to the public.
C.
Minutes. Such 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 examinations and other official actions. Every rule, regulation, every amendment or repeal thereof and every order, requirement, decision or determination of the Board shall immediately be filed in the office of the Board and with the Village Clerk and shall be a public record.
D.
Powers and duties. The Board of Appeals shall have all the powers and duties as prescribed by the Village Law of the State of New York and by this chapter, which are more particularly specified as follows:
(1)
Administrative review: to hear and decide appeals from and review of any order, requirement, decision or determination made by an administrative official charged with the enforcement of this chapter. The concurring vote of a majority of the Board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter.
(2)
Referrals: to hear and decide all matters referred to it upon which it is required to pass under this chapter.
(3)
Interpretation: to decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any zoning district boundary in case of uncertainty with respect thereto.
(4)
Special and temporary use permits: to authorize only such special or temporary permits as the Board of Appeals is specifically authorized to pass on by the terms of this chapter; to decide such questions as are involved in determining whether such permits should be granted; and to authorize such permits with such conditions and safeguards as are appropriate under this chapter or to deny said permits when not in harmony with the purposes and intent of this chapter. (See § 119-60.)
(5)
Variances: to authorize, upon appeals in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest according to standards specified herein.
E.
Staff. The Board of Appeals may employ such staff assistants as may be necessary and prescribe their duties, provided that at no time shall expenses be incurred beyond the amount of the appropriations made by the Board of Trustees for such use and then available for that purpose.
F.
Procedure; bylaws; forms. The Board of Appeals shall have the power to make and adopt such written rules of procedures, bylaws and forms as it may deem necessary for the proper execution of its duties and to secure the intent of this chapter. Such rules, bylaws and forms shall not be in conflict with nor have the effect of waiving any provision of this chapter or any other regulation of the municipality.
G.
Office. The office of the Municipal Clerk shall be the office of the Board of Appeals, and every rule, regulation, amendment or repeal thereof and every order, requirement, decision or determination of the Board shall immediately be filed in said office.
H.
Stay of proceedings. An appeal stays all proceedings in the furtherance of the action appealed from, unless the Zoning Officer certifies that by reason of facts a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Board of Appeals or a court of record on an application, on notice to the Zoning Officer and on due cause shown.
§ 119-57 Requests for variances and special permits; hearings.
A.
Procedure. The Board of Appeals shall act in strict accordance with the procedure specified by this chapter. All appeals and applications made to the Board shall be in writing, on forms prescribed by the Board and available from the Zoning Officer. Every appeal or application shall refer to the specific provision of this chapter involved and shall exactly set forth the interpretation that is claimed, the use for which the special permit or variance is sought or the details of the variance that is applied for and the grounds, as the case may be. Such applications shall be filed in the office of the Village Clerk.
B.
Hearings.
(1)
The Board shall fix a reasonable time for the hearing of appeals and shall give due notice of the time set for the hearing to the applicant. Appeals shall be decided within 60 days of the final hearing. Notice shall be by the publication of a notice in the official newspaper of the municipality and shall briefly describe the nature of the appeal and the time and place of the hearing.
(2)
Notice shall be given at least 10 days in advance of the public hearing. The owner of the property for which a special permit or variance is sought or his agent shall be notified by mail. Notice of such hearing for a special permit or variance shall be posted at the Municipal Building at least 10 days prior to the public hearing. Any party may appear in person, or by agent or attorney.
(3)
The Board of Appeals shall make a finding that it is empowered under the section of this chapter described in the application to grant the special permit or variance and that the granting of the special permit or variance will not adversely affect the public interest.
§ 119-58 Standards for variances.
[Amended 11-16-1992 by L.L. No. 3-1992]
A.
Use variances.
(1)
No variance in the strict application of this chapter shall be granted by the Board of Appeals unless and until it finds that each of the following facts and conditions exists:
(a)
That there are physical conditions, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographic or other physical conditions peculiar to and inherent in the particular zoning lot; and that, as a result of such unique physical conditions, practical difficulties or unnecessary hardships would arise in complying strictly with the use of bulk provisions herein; and that the alleged practical difficulties or unnecessary hardships are not applicable generally to other lands or structures in the same district.
(b)
That literal interpretation of this provision of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter.
(c)
That the special conditions and circumstances do not result from the actions of the applicant.
(d)
That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures or buildings in the same district.
(e)
That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the affected property is located nor substantially or permanently impair the appropriate use or development of adjacent property nor be detrimental to the public welfare.
(f)
That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation involved.
(2)
In granting any variance, the Board may require such reasonable conditions and safeguards as it may deem necessary to implement the purpose of this chapter.
(3)
No nonconforming use of neighboring lands, structures or buildings in the same district and no permitted or nonconforming use of lands, structures or buildings in other districts shall be considered grounds for issuance of a variance.
(4)
Under no circumstances shall a variance be granted to allow a use not permitted in the district involved or any use expressly or by implication prohibited in said district.
B.
Area variances.
(1)
Where the strict application of the area standards set forth in this chapter cause an undue burden or significant economic injury, an area variance shall be granted unless the public health, safety or welfare will be served by strict application of the area standard. In considering whether or not to grant an area standard variance, the Board may consider the fact that the hardship complained of is self-created. However, standing alone, the finding that the hardship complained of is self-created does not foreclose the Board from granting an area standard variance.
(2)
In granting any variance, the Board may require such reasonable conditions and safeguards as it may deem necessary to implement the purpose of this chapter.
§ 119-59 Expiration of variances.
Any variance authorized by the Board which is not exercised within one year from the date of issuance shall expire automatically without a further hearing by the Board.
§ 119-60 Special permits; referrals to Planning Board; site plan review.
A.
Where this chapter provides for the authorization of special permit uses pursuant to expressed standards and criteria, the Board of Appeals shall hear and decide requests for each special use by the following procedure:
(1)
At least 10 days before the date of the hearing held in connection with any application submitted to the Board of Appeals, said Board shall transmit to the Planning Board a copy of said application and shall request that the Planning Board submit to the Board of Appeals its advisory opinion on said application.
[Amended 5-15-2017 by L.L. No. 6-2017]
(2)
The Planning Board shall submit a report of such advisory opinion prior to the date of said public hearing. The failure of the Planning Board to submit such report shall be interpreted as a favorable opinion for the application.
(3)
The Planning Board shall review the application for compliance with standards and criteria and provisions of this chapter. In the case of any matter requiring an advisory report by the Planning Board, the Zoning Board shall advise the Planning Board in writing of the action taken and the reasons therefor.
B.
Before any special permit shall be authorized, the Planning Board shall make written findings certifying compliance with the site plan review procedure governing individual special permits.
C.
Site plan review. Prior to the issuance of a special permit in any district or a permit in either the Adult Entertainment District, General Commercial District, Medium-Density Residential District, Low-Density Residential District, Light Industrial District, or multifamily dwellings in any district, a site plan for said use shall be approved by the Planning Board according to § 7-725 of the Village Law.[1] In conducting such review, the Planning Board shall require that all provisions of these regulations are complied with.
[Amended 8-21-2023 by L.L. No. 3-2023; 12-18-2023 by L.L. No. 4-2023; 12-18-2023 by L.L. No. 5-2023]
[1]
Editor's Note: Village Law § 7-725 was repealed by L. 1992, c. 694, § 3, effective 7-1-1993. See now Village Law § 7-725-a.
D.
Application for site plan approval. An application for site plan approval shall be made in writing to the Building Inspector or Zoning Officer and shall be accompanied by information drawn from the following checklist:
(1)
An area map showing the parcel under consideration for site review and all properties, subdivisions, streets and easements within 200 feet of the boundaries thereof.
(2)
A map of site topography at no more than five-foot contour intervals. If general site grades have susceptibility to erosion, flooding or ponding, contour intervals of not more than two feet of elevation should also be provided.
(3)
Title of drawing, including name and address of applicant and person responsible for preparation of such drawing.
(4)
North arrow, scale and date.
(5)
Boundaries of the property plotted to scale.
(6)
Existing watercourses.
(7)
Location, proposed use and height of all buildings.
(8)
Grading and drainage plan, showing existing and proposed contours.
(9)
Location, design and construction materials of all parking and truck loading areas, showing access and egress.
(10)
Provision for pedestrian access.
(11)
Location of outdoor storage, if any.
(12)
Location, design and construction materials of all existing or proposed site improvements, including drains, culverts, retaining walls and fences.
(13)
Description of the method of sewage disposal and location, design and construction materials of such facilities.
(14)
Description of the method of securing public water and location, design and construction materials of such facilities (if applicable).
(15)
Location of fire and other emergency zones, including the location of fire hydrants (if applicable).
(16)
Location, design and construction materials of all energy distribution facilities, including electric and gas.
(17)
Location, size and design and construction materials of all proposed signs.
(18)
Location and proposed development of all buffer areas, including existing vegetative cover.
(19)
Location and design of outdoor lighting facilities.
(20)
Designation of the amount of building area proposed for retail sales or similar commercial activity.
(21)
General landscaping plan and planting schedule.
(22)
Other elements integral to the proposed development as considered necessary by the Planning Board, including identification of any state or county permits required for the project's execution.
(23)
(24)
Required fee, if any, submitted with the application.
E.
Planning Board review of site plan. The Planning Board's review of a site plan shall include, as appropriate, but is not limited to, the following:
(1)
General considerations.
(a)
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road width, pavement surfaces, dividers and traffic control.
(b)
Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections, with vehicular traffic and overall pedestrian convenience.
(c)
Location, arrangement, appearance and sufficiency of off-street parking and loading.
(d)
Location, arrangement, size, design and general site compatibility of buildings, lighting and signs.
(e)
Adequacy of stormwater and drainage facilities.
(f)
Adequacy of water supply and sewage disposal facilities.
(g)
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise buffer between applicant's and adjoining lands, including the maximum retention of existing vegetation.
(h)
In the case of an apartment complex or other multiple dwelling, the adequacy of usable open space for play areas and informal recreation.
(i)
Protection of adjacent or neighboring properties against noise, odor, glare, unsightliness or other objectionable features.
[Amended 8-21-2023 by L.L. No. 3-2023; 12-18-2023 by L.L. No. 4-2023; 12-18-2023 by L.L. No. 5-2023]
(j)
Adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
(k)
Special attention to the adequacy of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
(2)
Special consideration should be given to allow for adequate solar access for property owners.
(3)
Consultant reviews. The Planning Board may consult with the Village Building Inspector, Fire Commissioners, County Planning Board, other local and county officials and its designated private consultants, in addition to representatives of federal and state agencies, including but not limited to the Natural Resources Conservation Service and the New York State Department of Environmental Conservation.
(4)
Procedure for site plan reviews. In conducting site plan review, the following procedure shall be mandatory, and no waivers thereto shall be allowed:
[Amended 3-4-1991 by L.L. No. 1-1991]
(a)
Application. In the case of a site plan review not part of a special use permit, the site plan should be submitted to the Building Inspector at least 15 days prior to the next regularly scheduled meeting of the Planning Board. Site plans received after the fifteen-day period may be placed on the agenda only by unanimous vote of the Planning Board.
(b)
Planning Board action on site plan.
[1]
In case of a special permit site plan review, the Planning Board's action shall be in the form of a written statement to the Board of Appeals, stating whether or not the site plan is approved, disapproved or approved with modifications.
[2]
In case of permitted uses within a Light Industrial District or General Commercial District, the Planning Board's action shall be in the form of a written statement to the applicant.
[3]
If the site plan is disapproved, the Planning Board's statements will contain the reasons for such findings. In case of disapproval, the Planning Board may recommend further study of the site plan and resubmission to the Planning Board after it has been revised or redesigned. Failure of the applicant to make any required modification will result in the disapproval of the site plan application.
F.
Reimbursable costs. Costs incurred by the Planning Board for consultation fees or other extraordinary expense in connection with the review of a site plan shall be charged to the applicant, not to exceed $50 per acre or fraction thereof.
G.
Inspection of improvements. The Building Inspector shall be responsible for the overall inspection of site improvement, including coordination with other officials and agencies, as appropriate.
H.
Integration of procedures. Whenever the particular circumstances of a proposed development require compliance with either the requirements of the Subdivision Regulations,[4] SEQR, or other requirements, the Planning Board shall attempt to integrate, as appropriate, site plan review as required by this section with procedural and submission requirements for such other compliance.
I.
Waivers.
(1)
Where the Planning Board finds that, due to the special circumstances of a particular site, the provision of certain required improvements is not requisite in the interest of the public health, safety and general welfare or is inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the proposed site, it may recommend that such waiver will not have the effect of nullifying the intent and purpose of the Official Map, the Master Plan or this chapter.
(2)
In recommending waivers, the Planning Board shall include such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so waived.
(3)
Where the Planning Board finds that changes, modifications, alteration or improvements are to be made only to the interior of an existing building, said Planning Board may waive the requirement of a special use permit for said property.
[Added 5-15-2017 by L.L. No. 6-2017]
J.
In authorizing any special permit, the Board of Appeals may prescribe appropriate conditions and safeguards in conformity with this chapter. Violations of such conditions and safeguards, when made part of the conditions under which a special permit is granted, shall be a violation of this chapter.
§ 119-61 Required referrals.
As provided in Article 12-B, § 239-m, of the General Municipal Law, before final action on amendments, special permits or variances, referrals shall be made as follows:
A.
The matters covered by this section shall include any action which would affect the regulations applying to property within 500 feet of the boundary of any city or town or of the boundary of any existing or proposed county or state park or other recreation area; or of the right-of-way of any existing or proposed county or state parkway, thruway, road or highway; or of the existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines; or of the existing or proposed boundary of any county- or state-owned land on which a public building or institution is located.
B.
Within 30 days after receipt of a full statement of such referred matter, the referral agency shall report its recommendation thereon to the municipal agency, accompanied by a full statement of the reasons for such recommendation. If such agency fails to report within 30 days or such longer period as may have been agreed upon, the municipal body having jurisdiction may act without such report.
C.
If the referral agency disapproves the proposal or recommends modification thereof, the municipal agency having jurisdiction shall not act contrary to such disapproval or recommendation, except by a vote of a majority plus one of all members thereof and after the adoption of a resolution fully setting forth the reasons for such contrary action.
D.
Within seven days after final action, the municipal agency having jurisdiction on the recommendations, modification or disapproval of a referred matter shall file, with the agency which made the recommendation, modification or disapproval, a report of the final action it has taken.
§ 119-62 Expiration of special permits.
A special permit shall be deemed to authorize only one particular use and shall expire if the special use shall cease for more than six months for any reason.
§ 119-63 Existing violations.
No special use permit shall be issued for a property where there is an existing violation of this chapter.