Binghamton City Zoning Code
ARTICLE XI
Administration
§ 240-63 Enforcement.
The Town Board shall appoint or authorize an official to administer and enforce the provisions of this chapter, and it shall be the duty of such official to enforce this chapter.
§ 240-64 Zoning Board of Appeals.
A.
Appointment.
[Amended 12-17-2019 by L.L. No. 2-2019]
(1)
The Town Board shall appoint a Zoning Board of Appeals consisting of five members, and the Zoning Board of Appeals so appointed shall be vested with full powers and duties conferred by the Town Law; such Board shall exercise the powers and functions in the manner prescribed by the Town Law. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, the Zoning Board of Appeals shall have the power, in passing upon appeals, to vary or modify the application of any of the regulations or provisions of such law or ordinance relating to the use, construction, reconstruction or alteration of buildings or structures, or the usage of the land, so that the spirit of the chapter shall be observed, public welfare and safety secured, substantial justice done and unnecessary hardships avoided.
(2)
Subdivision 11 of Section 267 of Town Law is hereby amended and superseded with regard to the appointment of alternate members of the Zoning Board of Appeals. There shall be up to two alternate Zoning Board of Appeals members who shall be appointed by resolution of the Town Board for terms established by the Town Board. Alternate Zoning Board of Appeals members shall substitute for a Zoning Board of Appeals member or members in the event any such member is or members are unable to participate in a matter or application before the Zoning Board of Appeals where illness, absence or a conflict of interest would otherwise prevent a majority of the Zoning Board of Appeals members from considering any pending matter. The Chairperson of the Zoning Board of Appeals is authorized to designate an alternate Zoning Board of Appeals member for a member who is unable to participate in an application or matter before the Zoning Board of Appeals member because of an illness, absence or conflict of interest. When so designated, an alternate Zoning Board of Appeals member shall possess all of the powers and responsibilities of a member of the Zoning Board of Appeals.
B.
The Zoning Board of Appeals may issue special use permits when authorized by this chapter after public notice and hearing. Such special use shall comply with any conditions deemed necessary by the Zoning Board of Appeals, including but not limited to access roads, fences and landscaping, in order to protect the value of adjacent properties and promote the orderly development of the surrounding area. The Board shall deny such special use permit when, in its judgment, said special use is not in accordance with the standards set forth in this chapter or when said use would prove detrimental to adjacent properties.
C.
Variances and fees.
[Amended 4-3-1990 by L.L. No. 2-1990]
(1)
All applications for variances, modifications or special permits shall be filed with the Chairman of the Zoning Board of Appeals and shall be accompanied by the payment of a filing fee, in an amount established by a resolution of the Town Board, and a plot plan drawn to scale and accurately dimensioned, showing the location of all existing and proposed buildings on said lot.
(2)
Requests for rehearing pursuant to Subdivision 12 of § 267-a of the Town Law shall be in writing, shall recite the reason why a rehearing should be had and shall be accompanied by an additional filing fee in an amount established by a resolution of the Town Board.
[Amended 4-15-2003 by L.L. No. 1-2003]
D.
Any variance, modification or special permit which is not exercised within one year from the date of issuance is hereby declared to be revoked without further hearing by the Zoning Board of Appeals.
E.
Public hearings. In addition to the manner of providing public notice prescribed in § 267-a of the Town Law, the Zoning Board of Appeals shall provide notice at least five days prior to a public hearing, provide notice thereof by regular mail to the owners of record of all properties within a distance of 100 feet from the boundary of the subject property.
[Added 12-1-1987 by L.L. No. 2-1987; amended 4-15-2003 by L.L. No. 1-2003]
§ 240-65 Abatement of violations.
In case any building or structure is erected, constructed, reconstructed, altered or converted or any building, structure or land is used in violation of this chapter or any regulations made pursuant thereto, in addition to other remedies provided by law, any appropriate action or proceeding by legal process may be instituted or taken to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use; to restrain, correct or abate such violation; to prevent the occupancy of said building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.
§ 240-66 Penalties for offenses.
[Amended 4-15-2003 by L.L. No. 1-2003]
A violation of this chapter shall be punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for a conviction of a first offense; for a conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and, upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. Each day a violation is permitted to exist shall constitute a separate offense.
§ 240-67 Amendments.
A.
It is recognized that the future growth and the development of the Town may be such as to require changes and modifications in the provisions of this chapter. In accordance with the Town Law, the Town Board may from time to time, on its own motion or on application, after public notice and hearing, amend, supplement or change the regulations or the districts herein established and may adopt rules and regulations for the purpose of interpreting and carrying this chapter into effect
B.
The Town Board shall not change, amend or supplement this Zoning Chapter until it first refers such change, amendment or supplement to the Town Planning Board and receives its report or receives no report within 45 days of such reference.
§ 240-68 Disclosure of interest of public employees. [1]
A.
Every applicant for a variance, change of zoning, approval of a plat, exemption from a plat or Official Map, or any other license or permit granted in the exercise of discretion under the provisions of this chapter shall, at the time of making such application, certify the name and address of each state or local officer or employee in the County of Broome, New York, who is interested in the favorable exercise of such discretion.
B.
As used in this section, the term "state or local officer or employee" shall include the members of boards and commissioners of local public authorities or other public corporations within the County of Broome, New York, but shall not include volunteer firemen or civil defense volunteers.
C.
A person shall be deemed interested in such application when he or his spouse or a person consanguineously related to either of them within the third degree is the applicant or is an officer, director or employee of the applicant or legally or beneficially owns or controls the stock of a corporation or is a member of the partnership venture or association which makes the application or has an agreement with such an applicant, expressed or implied, whereby his compensation for services is to be dependent or contingent upon the favorable exercise of such discretion.