Cambria Town City Zoning Code
ARTICLE XII
Administration and Enforcement
§ 288-1200 Interpretation.
In interpreting and applying the provisions of this chapter they shall be held to the minimum requirements for the promotion of the public safety, convenience, prosperity and general welfare for the Town of Cambria.
§ 288-1201 Enforcement.
Enforcing officer. The provisions of this chapter shall be administered and enforced by the Code Enforcement Officer (also referenced herein upon occasion as the "Building Inspector"), who shall be appointed by the Town Board. The Code Enforcement Officer shall have the power to make inspections of buildings or premises necessary to carry out his duties in the enforcement of this chapter.
Duties. It shall be the duty of the Building Inspector to keep a record of all applications for permits and a record of all permits issued with a notation of all special conditions involved. He shall file and safely keep copies of all plans submitted and the same shall form a part of the records of his office and shall be available for use of the Town and other officials. The Building Inspector shall not issue a permit for the construction of any building or use of any property unless such building or use conforms to all other ordinances of the Town of Cambria.
§ 288-1202 Building permits and certificates of occupancy.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Building permits and certificates of occupancy shall be issued in accordance with the procedures in Chapter 70, Building Construction and Fire Prevention, of this Code.
§ 288-1203 Board of Appeals; creation; powers and duties.
Creation, composition and appointment.
Creation. A Board of Appeals (also referenced herein upon occasion as the "Zoning Board of Appeals") is hereby established in accordance with § 267 of the Town Law.
Composition. The Board of Appeals shall consist of five members.
Appointment. The Town Board shall appoint the members of the Board of Appeals and shall designate its Chairman. No person who is a member of the Town Board shall be eligible for membership on such Board of Appeals. Of the members of the Board first appointed, one shall hold office for the term of one year, one for the term of two years, one for the term of three years, one for the term of four years, and one for the term of five years from and after his appointment. Their successors shall be appointed for the term of five years from and after the expiration of the term of their predecessors in office. All members shall participate in the required training as determined by the Town Board. Pursuant to Chapter 29, Article I, of the Code of the Town of Cambria, alternate members to the Zoning Board of Appeals may be appointed by the Town Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Removal. The Town Board shall have the power to remove any member of the Board for cause after public hearing.
Vacancies. Vacancies shall be filled by the Town Board. If a vacancy shall occur otherwise than by the expiration of term, it shall be filled by appointment for the unexpired term.
Compensation. The Town Board may provide for compensation to be paid to Board members, experts, clerks, a secretary and for other such expenses as may be necessary and proper.
General procedures.
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. All meetings of such Board shall be open to the public.
Oaths. The Chairman, or in his absence, the Acting or Vice Chairman, may administer oaths and compel the attendance of witnesses.
Minutes. The Board of Appeals 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 examination and other official actions. Every rule, regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Board shall be filed in the office of the Town Clerk and shall be a public record.
Powers.
The Board of Appeals shall have the following powers:
Administrative review. To hear and decide the appeals from and review any order, requirement, decision or determination made by the Building Inspector or other administrative officer in carrying out or enforcing any provision of this chapter. The concurring vote of a majority of the members 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 any matter upon which it is required to pass under any such ordinance.
Special exceptions. To hear and decide applications for special exceptions as specified in § 288-1100 pursuant to New York State Town Law § 274-b and to authorize issuance of special permits as specifically provided therein.
Variance. To hear applications for use and area variances from the terms of this chapter pursuant to New York State Town Law § 267-b.
Referrals and notifications.
Reference to Niagara County Planning Board. In accordance with the policy and procedures provided for by Chapter 24, Article 12B, Section 239-l and Section 239-m of the General Municipal Law any proposed special permit or variance affecting real property within 500 feet of the boundary of the Town of Cambria or from the boundary of any existing or proposed county or state park or other recreational area, or from the right-of-way of any existing or proposed county or state parkway, thruway, expressway road or highway or from the existing or proposed right-of-way of any stream, or drainage channel owned by the county for which the county has established channel lines, or from the existing or proposed boundary of any state owned land on which a public building or institution is situated shall be referred to the Niagara County Planning Board, unless the necessity for such referral has been dispensed with pursuant to an agreement authorized between the Town of Cambria and the Niagara County Planning Board. The term "proposed" shall be deemed to include only those recreational areas, parkways, thruways, expressways, roads or highways which are shown on a County Plan of Niagara County adopted pursuant to § 239-d(2) of the General Municipal Law or adopted as and a Official Map of Niagara County pursuant to § 239-g of the General Municipal Law. If the Niagara County Planning Board fails to report within 30 days after receipt of a full statement of such referred material, the Board of Appeals may act without such report. If the Niagara County Planning Board disapproves the proposal or recommends modifications thereof, the Board of Appeals shall not act contrary to such disapproval or recommendation except by a vote of a majority plus one of all the members thereof and after the adoption of a resolution setting forth the reason for the contrary action.
Reference to neighboring municipalities. In accordance with the policy and procedures provided for by § 239-nn of the General Municipal Law, notice shall be given to an adjacent municipality at least ten days prior to a public hearing relating to any proposed special permit, use variance, site plan review and approval, or subdivision review and approval affecting real property within 500 feet of the adjacent municipality.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Special procedures relative to appeal for administrative review, variance or application for a special permit.
Who may appeal. An appeal to the Board of Appeals for administrative review, variance or application for a special permit, may be taken by any person, firm or corporation aggrieved, or by any governmental officer, department, board or bureau affected by any decision of the Building Inspector based in whole or in part upon the provisions of this chapter. Such appeal shall be taken by filing with the Board of Appeals a notice of appeal specifying the grounds thereof. The Building Inspector shall forthwith transmit all papers constituting the record upon which the action appealed from was taken to the Board of Appeals.
Time of appeal. Said notice of appeal shall be filed within 60 days from the date upon which the notice of refusal of building permit or refusal of certificate of occupancy is mailed by the Building Inspector, and failure to file notice of appeal within 60 days shall constitute a waiver of the right to appeal.
Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the Building Inspector from whom the appeal is taken certified to the Board of Appeals after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate of 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 by a court of record on application, on notice to the Building Inspector and on due cause shown.
Hearing, notice, public notice to property, owner and costs.
Hearing. The Board of Appeals shall fix a reasonable time for the hearing of any application for variance, the hearing of and an appeal for administrative review, or the hearing of and an application for a special permit.
Notice. The Board of Appeals shall give public notice of any application for a variance, for the hearing of appeal, for administrative review or for the hearing of any application for a special permit by the publication in the official paper of a notice of such hearing at least five days prior to the date thereof, and shall at least five days before such hearing, mail notices thereof to the parties, and to the Regional State Park Commission having jurisdiction over any state park or parkways within 500 feet of the property affected by such appeal.
Decision. Upon the hearing, any party may appear in person or by agent or by attorney, and the Board of Appeals shall decide the application for variance, or appeal for administrative review, or the application for a special permit within 62 days after the final hearing as provided by Town Law § 267(5).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Provisions of appeal. If the variance is granted or the issuance of a permit is finally approved or other action by the appellant or applicant is authorized, the necessary permits shall be subject to the terms of § 288-1202A. Should the appellant or applicant fail to comply with these provisions within six months, it shall be conclusively presumed that the appellant or applicant has waived, withdrawn or abandoned his appeal or his application, and such permissions, variances and permits to him granted shall be deemed automatically rescinded by the Board of Appeals.
Scope. In exercising the above-mentioned powers, such Board of Appeals may, in conformity with the provisions of this article, reverse or affirm, wholly or partly, or may modify the order, requirement decision or determination as in its opinion ought to be made in premises and that end shall have the powers of the officer from whom the appeal is taken. Notice of such decision shall be given forthwith to all parties in interest.
Recourse. Any person or persons, jointly or severally aggrieved by any decision of the Board of Appeals, of any officer, department, board or bureau of the Town, may apply to the Supreme Court for relief by a proceeding under Article 78 of the Civil Practice Law and Rules.
§ 288-1204 Remedies.
In case any building or structure is erected, constructed, reconstructed, altered, converted, or maintained; or any building, structure or land is used in violation of this chapter, the proper local authorities of the Town, in addition to other remedies, may institute any appropriate actions or proceedings 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.
§ 288-1205 Penalties for offenses.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
In addition to or as an alternative to any other penalty provided herein or by law, any violation of this chapter is hereby declared to be an offense, punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and, upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.
§ 288-1206 Amendment referral to Niagara County Planning Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The regulations, restrictions and boundaries established by this chapter may from time to time be amended, supplemented, changed or modified or repealed by ordinance in accordance with the procedures provided by Section 264 and 265 of the Town Law. However, all amendments to this chapter which would change the district classification or the regulations applying to real property lying within a distance of 500 feet from the boundary of the Town of Cambria, or the boundary of any existing or proposed county or state park or other recreational area, or from the right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway, or from the right-of-way of any existing or proposed stream or drainage channel owned by the county for which the county has established channel lines or from the existing or proposed boundary of any county or state owned land on which a public building or institution is situated; shall be referred to the Niagara County Planning Board as required by § 239-m of the General Municipal Law. The term "proposed" shall be deemed to include only those recreational areas, parkways, thruways, expressways, roads or highways which are shown on a County Plan of Niagara County adopted pursuant to § 239-d(2) of the General Municipal Law or adopted as and a Official Map of Niagara County pursuant to § 239-g of the General Municipal Law. If the Niagara County Planning Board fails to report within 30 days after receipt of a full statement of such referred matter, the Town Board of Cambria may act without such report. If the Niagara County Planning Board disapproves of the proposed amendment, supplement, change or modification, or recommends modification of the proposal of the Town of Cambria, the Town Board shall not act contrary to such disapproval or recommendation except by a vote of a majority plus one of all the members thereof and after the adoption of a resolution fully setting forth the reasons for such contrary act. Notification to adjacent municipalities, if amendments to this chapter which would change the district classifications or the regulations applying to real property within 500 feet of an adjacent municipality, shall also be given in accordance with § 239-nn of the General Municipal Law. As per New York State Town Law § 264, the following constitute the procedures adopted by the Town of Cambria for an application to amend boundaries of zoning districts in the Town of Cambria:
An application for a zoning change shall be made by the property owner. The applicant shall submit to the Code Enforcement Officer of the Town of Cambria the following documents in duplicate:
Application for rezoning;
Name and address of applicant (owner);
Legal description of the property for which rezoning is requested;
Survey of the property to be rezoned;
A statement as to the proposed use of the area to be rezoned; and
A statement as to the reasons for the requested rezoning.
A copy of the foregoing papers shall be submitted by the Code Enforcement Officer to the Town Board at the next regular meeting of the Town Board. The Town Board will declare itself lead agent pursuant to the New York State Environmental Quality Review Act (SEQRA) for purposes of the SEQRA review, and/or refer the matter to the appropriate agents of the Town to determine whether the application is complete and if a SEQRA cost agreement is necessary. If thusly referred and then found complete, the Town Board may declare itself lead agent under SEQRA. After reviewing the appropriate papers, the Town Board will advise the applicant to submit either a full environmental assessment form (EAF) or a short EAF, or if otherwise required or indicated, an environmental impact statement (EIS). The complete application and accompanying documents shall then be referred to the Planning Board for review and recommendation.
Upon receiving the recommendation of the Planning Board, the Town Board will then determine whether or not to call a public hearing for the proposed rezoning.
If the Town Board decides to continue action on the rezoning request, it shall direct the Town Attorney to publish a legal notice calling for a public hearing. This notice shall be published not less than 10 days prior to the public hearing.
After the public hearing, the Town Board shall determine whether or not to rezone the premises. If it determines to rezone the premises, the Board shall pass a resolution to that effect which shall be published and posted pursuant to law. Upon publication and posting of the resolution concerning the rezoning, the premises shall be considered rezoned pursuant to applicable law.
The Town Board shall in all other respects comply with the requirements of the Town Law, including §§ 264 and 265, with respect to all applications for rezoning.
§ 288-1207 Fees for variances special exceptions, rezoning etc.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Fees must be paid to the Town before any application will be accepted for variances, special permits or other related zoning matters by the Town according to the fee schedule determined by the Town Board, which is on file with the Town Clerk.
Fees must be paid to the Town for inspections by the Code Enforcement Officer according to the fee schedule determined by the Town Board, which is on file with the Town Clerk.
Arrangements for payment of the actual costs for engineering and Attorney's fees on behalf of the Town to review the application including costs relative to SEQRA shall be paid by the applicant prior to the scheduling of all applicable public hearings required with respect to the application.
§ 288-1208 Planning Board, creation, powers and duties.
Creation, composition and appointment.
Creation. A Planning Board is hereby established in accordance with § 271 of the Town Law.
Composition. The Planning Board shall consist of five members.
Appointment. The Town Board shall appoint the members of the Planning Board and shall designate its Chairman. No person who is a member of the Town Board shall be eligible for membership on such Planning Board. Of the members of the Board first appointed, one shall hold office for the term of one year, one for the term of two years, one for the term of three years, one for the term of four years, and one for the term of five years from and after his appointment. Their successors, including such additional members as may be appointed by the Town Board, shall be appointed for the term of five years from and after the expiration of the term of their predecessors in office. All members shall participate in the required training as determined by the Town Board. Pursuant to Local Law No. 1, 1999,[1] alternate members to the Zoning Board of Appeals may be appointed by the Town Board.
Removal. The Town Board shall have the power to remove any member of the Board for cause after public hearing.
Vacancies. Vacancies shall be filled by the Town Board. If a vacancy shall occur otherwise than by the expiration of term, it shall be filled by appointment for the unexpired term.
Compensation. The Town Board may provide for compensation to be paid to Board members, experts, clerks, a secretary and for other such expenses as may be necessary and proper.
General procedures.
Meetings. All meetings of the Planning Board shall be held at the call of the Chairman and at such other times as such Board may determine. All meetings of such Board shall be open to the public.
Oaths. The Chairman, or in his absence, the Acting or Vice Chairman, may administer oaths and compel the attendance of witnesses.
Minutes. 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 examination and other official actions. Every rule, regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Board shall be filed in the office of the Town Clerk and shall be a public record.
Powers.
The Planning Board shall have those powers granted to it pursuant to this chapter as well as those powers mandated by the Town Law of the State of New York, including, but not limited to, site plan reviews pursuant to § 274-a of the Town Law of the State of New York and subdivision reviews pursuant to § 276 et seq., of the Town Law of the State of New York.
The statutory requirements of General Municipal Law §§ 239-l, 239-m and 239-nn for site plan referrals to the Niagara County Planning Board and site plan notification requirements for adjoining municipalities shall apply.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]