Clinton Town Dutchess County
City Zoning Code
City Zoning Code
ARTICLE VII
Administration and Enforcement
§ 250-88 General.
[Amended 7-12-2016 by L.L. No. 2-2016, effective 7-29-2016; 9-12-2017 by L.L. No. 2-2017, effective 9-26-2017]
This chapter shall be administered, enforced and prosecuted by the Zoning Administrator, the Building Inspector (BI), the Fire Inspector, the Attorney to the Town, the Town Attorney, the Planning Board and/or the Zoning Board of Appeals in the manner prescribed below for the application and issuance of permits, submission of plans, conduct of hearings and handling of violations, including but not limited to the prosecution thereof. The Attorney to the Town or Town Attorney shall have the authority to enforce and prosecute all provisions of this chapter. Notwithstanding the forgoing, prior to the commencement of any legal action in the Town of Clinton Justice Court or any court of competent jurisdiction, including an appeal of a judicial decision, such action must be duly authorized and approved by the Town Board.
§ 250-89 Zoning Administrator powers and duties.
Enforcement. In addition to all other authority conferred by law, and except as otherwise provided, it shall be the duty of the Zoning Administrator to enforce literally the provisions of this chapter and of all rules, conditions and requirements specified by the Zoning Board of Appeals and the Planning Board.
Administration. The Zoning Administrator shall receive all applications for special use permits, sign permits, temporary permits, soil erosion and sediment control permits, pond permits, variances, site plan reviews, change of use (including nonconforming uses), and such other applications as may be specified in other local laws or by the Town Board, or as otherwise herein provided. Applications will be forwarded by the Zoning Administrator to the appropriate board(s) or officials for review, if applicable.
[Amended 5-11-2010 by L.L. No. 1-2010, effective 5-20-2010]
Compliance review.
The Zoning Administrator shall review and approve all applications, in writing, prior to the issuance by the Building Inspector of a building permit or certificate of occupancy. Before granting such approval, the Zoning Administrator shall be satisfied that:
No building permit or certificate of occupancy shall be issued that would not be in full compliance with the provisions of this chapter and the Uniform Code. Any such permit or certificate issued or approved in violation of any provision of this chapter and other applicable provisions shall be null and void.
Inspections. The Zoning Administrator is authorized to enter, with property owner permission, upon, examine, and inspect any building, structure, or property at any reasonable time, in the Town of Clinton, for the purpose of carrying out the duties of the position and to determine compliance with the provisions of this chapter and other local laws and ordinances. In the event that the person, firm, corporation, trust, estate, association or other entity owning possessing or controlling real property in the Town of Clinton refuses to allow the Zoning Administrator to inspect the real property where an alleged violation of this chapter is or has occurred, then the Zoning Administrator shall file an affidavit of the facts showing a probable violation of this chapter with the Town Justice, or any court of competent jurisdiction, and after an examination by the Zoning Administrator and the filed affidavit of facts, the Court shall make a written finding whether or not there appears to be probable cause that there is a violation of this chapter. If the Court makes a determination that such a violation probably exists, then the Court shall issue a search warrant to a police officer or department having jurisdiction over the Town authorizing a search of the real property to determine if there is a violation of this chapter. The search shall be conducted in accordance with the terms and conditions of the search warrant which shall describe the date, time and other parameters of the authorized search. The Zoning Administrator shall accompany the police officer conducting the search. When conducting the search, the police officer shall give notice of their authority and purpose only to the owner(s) and/or occupant(s) present at the real property at the time of the search before conducting the authorized search and show the owner(s) and/or occupant(s) present at the real property the warrant or a copy thereof upon request. A written report of each such search and inspection shall be prepared on an appropriate form and kept on file by the Zoning Administrator.
[Amended 5-8-2018 by L.L. No. 2-2018, effective 5-17-2018]
Issuance of order to remedy. Whenever in the opinion of the Zoning Administrator, after proper examination and inspection, there exists a violation of any provision of this chapter, or of any regulation adopted pursuant thereto, the Zoning Administrator shall serve a written notice upon the appropriate person or persons responsible for such alleged violation. Such notice shall inform the recipient of the nature and specific details of such alleged violation, and the date of compliance by which the alleged violation must be remedied or removed, which date shall be not more than 30 calendar days from the date of notice, except as specifically herein provided.
Issuance of stop orders. Whenever the Zoning Administrator has reasonable grounds to believe that work on any building or structure or any use of land is occurring either in violation of the provisions of this chapter, not in conformity with any application made, permit granted or other approval issued, or in an unsafe or dangerous manner, the Zoning Administrator shall promptly notify the appropriate person or persons responsible to suspend work on any such building or structure or the use of any such land. Such persons shall immediately suspend such activity until such time that the stop order has been rescinded by the Zoning Administrator. Such order and notice shall be in writing, shall state the conditions under which the work or use may be resumed, and shall be served by delivering it personally, or by posting the same upon a conspicuous portion of the building under construction or premises in use. In addition, a copy of the same shall be sent by certified mail to the person or persons responsible.
Issuance of appearance tickets. Whenever in the opinion of the Zoning Administrator the person(s) responsible for an alleged violation has failed to remedy the condition, or has failed to stop work as requested, the Zoning Administrator shall issue and serve an appearance ticket with respect to a violation of this chapter. Such appearance ticket shall be served by the Zoning Administrator and conform with the provisions of the Criminal Procedure Law. The appearance ticket may be accompanied by a civil complaint.
Approval of lot line adjustments.
An applicant seeking to merge one or more adjoining lots shall submit an application to the Zoning Administrator for a lot line adjustment. All applications submitted to the Zoning Administrator must include:
The Zoning Administrator shall review and approve the lot line adjustment to ensure compliance with all applicable provisions of the Town Code, including but not limited to the provisions of this chapter.
Complaints. All complaints of alleged violations shall be made to the Zoning Administrator. If the complaint is made in writing, the Zoning Administrator shall respond to the complainant in writing within 30 days, acknowledging the complaint, and stating the disposition or pending action on the complaint.
Records. The Zoning Administrator shall keep a permanent record of all violations of this chapter, whether reported by private citizens or by any board, agency, officer or employee of the Town, and such record shall show the disposition of all such violations. These records shall be public records. The Zoning Administrator shall file the disposition of each violation or written complaint in the office of the Town Clerk within 10 days of a decision or action.
Reports. The Zoning Administrator shall make a report to the Town Board, in writing, at least once every three months, listing all reported or continuing violations of this chapter and the disposition or pending action of such violations.
§ 250-90 Building Inspector powers and duties.
General.
The Building Inspector shall administer the building provisions of this chapter and other local laws of the Town of Clinton and all building conditions and requirements specified by the Zoning Board of Appeals and the Planning Board.
The Building Inspector shall administer and enforce the provisions of the New York State Uniform Fire Prevention and Building Code as related to items listed in this section, and any additional standards which may be provided by local laws of the Town of Clinton (see also § 250-94, Fire Inspector powers and duties).
The two positions of Building Inspector and Fire Inspector may be held separately or by the same person, as appointed by the Town Board, which may also assign temporary duties if a vacancy occurs. Where the two positions are separately held, the Town Board shall resolve any jurisdictional questions.
Issuance of building permits and certificates of occupancy. The Building Inspector shall receive all applications for building permits and certificates of occupancy, and shall review such applications and issue building permits and certificates of occupancy, after obtaining all necessary approvals, in accordance with this chapter.
Issuance of demolition permits. The Building Inspector shall receive applications for and issue demolition permits in accordance with all local laws of the Town of Clinton.
Approval of sewage treatment system in C Districts. The Building Inspector shall approve altered or new sewage treatment systems in the C District in accordance with § 250-10.
Inspections. The Building Inspector, upon the showing of proper credentials, is authorized to enter upon, examine, and inspect any building, structure, or property at a reasonable time, in the Town of Clinton, for the purpose of carrying out the duties of the position.
Issuance of stop orders and appearance tickets. The Building Inspector may issue stop orders and appearance tickets related to the scope of his/her responsibilities in the manner prescribed for such issuance in § 250-89.
Records.
The Building Inspector shall maintain complete files of all applications for building permits and for certificates of occupancy and records of all building permits and certificates of occupancy issued. These files and records shall be public records.
The Building Inspector shall file a copy of issuance or denial of each building permit or certificate of occupancy with the office of the Town Clerk within 10 days of a decision or action.
Reports. The Building Inspector shall make a report to the Town Board, in writing, at least once every three months, listing each building permit and certificate of occupancy issued during the period since the last report, and summarizing the number and type of building permits and certificates of occupancy issued.
Appeal. An appeal may be made to the Zoning Board of Appeals from any decision of the Building Inspector. Such an appeal by an applicant for a permit shall be made within 45 days of the filing of such decision with the Office of the Town Clerk (see also § 250-98). Appeal may be made to the regional board of review for the NYS Uniform Fire Prevention and Building Code for variances to the Uniform Code. Application requirements for such a request may be obtained from the Building Inspector.
§ 250-91 Building permits.
[Amended 5-11-2010 by L.L. No. 1-2010, effective 5-20-2010; 5-14-2024 by L.L. No. 1-2024, effective 5-24-2024]
Scope.
No person shall commence the erection, construction, enlargement, alteration, removal, improvement, demolition, or conversion of any building or structure, or cause the same to be done, except as provided in § 250-22B of this chapter as pertains to accessory structures, or other nonpermanent accessory structures not exceeding 50 square feet in size, without first obtaining a separate building permit from the Building Inspector for each such building or structure.
No building permit shall be issued for a building to be used for any use allowed by special use permit until such special use permit has been approved by the Planning Board.
No building permit shall be issued for any building where the site plan of such building is subject to approval by the Planning Board except in conformity with the plans approved by said Board.
No building permit shall be issued without a compliance review and approval of the application by the Zoning Administrator, in accordance with § 250-89.
No excavation shall be made for any building or structure requiring a building permit until such permit has been issued. Any excavations left open after the expiration of the permit period must be filled. If the owner fails to comply with this requirement, he/she shall, within 10 days after written notification from the Building Inspector, cause the excavation to be filled. If the owner fails to comply, the Town is empowered to fill the excavation and any cost incidental thereto shall be paid by the owner.
A building permit shall be void if construction is not started within a period of one year or completed within a period of three years of the date of said permit.
The issuance of a building permit shall constitute authority to the applicant to proceed with the work in accordance with the approved plans and specifications and in accordance with the applicable building laws, ordinances, or regulations. All work shall conform to the approved application, plans and specifications.
Any amendments to the application, or to the plans and specifications accompanying the same, must be filed at a time prior to the commencement of the work on said proposed changes and subject to the approval of the Building Inspector and Zoning Administrator. If the change involves a change in the special use permit or site plan, the applicant shall gain approval from the Planning Board.
Application.
Application contents.
Applications for a building permit shall be made to the Building Inspector on forms provided by him, with the appropriate fee, and shall contain the following information:
A statement of the use or occupancy of all parts of the land and of the building or structure;
A brief description of the nature of the proposed work;
The valuation of the proposed work;
The full name and address of the owner, the applicant, and the responsible officers of any corporation;
Three copies of plans and specifications as set forth in § 250-91B(2);
Evidence of County Health Department approval, if necessary;
Evidence of a driveway permit from the appropriate authority (New York State Department of Transportation, Dutchess County Department of Public Works, Town Highway Department);
An approved site plan, if necessary;
Such other information as may reasonably be required by the Building Inspector or Zoning Administrator to establish compliance of the proposed work with the requirements of the applicable building and zoning laws, ordinances, and regulations.
When clearly not applicable, certain application requirements listed in this subsection may be waived by the Building Inspector or Zoning Administrator.
Each application for a building permit shall be accompanied by three copies of plans and specifications, including a plot plan, drawn to scale, showing the location and size of all proposed new construction and all existing structures on the site, the nature and character of the work to be performed and the materials to be incorporated, distance from lot lines, the relationship of structures on adjoining property, widths and grades of adjoining streets, walks and alleys, and, where required by the Building Inspector, details of structural, mechanical and electrical work, including computations, stress diagrams, and other essential technical data. Storm drainage plans shall also be submitted.
Application shall be made by the owner, lessee, or agent of either, or by the architect, engineer or builder employed in connection with the proposed work. Where such application is made by a person other than the owner, it shall be accompanied by an affidavit of owner that the proposed work is authorized by the owner and that the applicant is authorized to make such application.
Plans and specifications shall bear the signature of the person responsible for the design and drawings. Plans and specifications shall carry the official seal or stamp of an authorized architect, land surveyor, or professional engineer licensed in the State of New York, to attest that they conform to all requirements of the Uniform Code, except applications for:
All water supply and sewage disposal installations shall conform to the Dutchess County Department of Health regulations. No plot plan shall be approved by the Building Inspector in any zoning district unless such conformity is certified on the plan. Drainage affecting adjacent properties shall be considered by the Building Inspector before issuing a building permit, including possible runoff to said properties. The Building Inspector may request an evaluation of the drainage plan from the Dutchess County Soil and Water Conservation District. If the Building Inspector has concerns regarding drainage, grading, or erosion control, he shall refer the plot plan to the Town Engineer. All costs of such evaluations and referral reviews shall be charged to the applicant.
The Building Inspector may require the applicant to name the Town as an additional insured during the construction period.
Posting. Building permits shall be issued in duplicate and one copy shall be posted conspicuously on the premises affected whenever construction work is being performed. No owner, contractor, worker, or other person shall perform any building operations of any kind unless a building permit covering such operation is displayed.
Disapproval. If the application, together with plans, specifications and other documents filed therewith, describes proposed work which does not conform to all of the requirements of the applicable zoning and building regulations, the Building Inspector shall disapprove the same and shall return the plans and specifications to the applicant. Upon the request of the applicant, the Building Inspector shall cause such refusal, together with the reasons, to be transmitted to the applicant in writing. Such notice shall include information on the appeals procedure. The Building Inspector shall keep a file of such disapproval, together with sufficient documents to explain the reasons for refusal.
Revocation. The Building Inspector may order that an approved building permit be revoked in the following instances:
Where he finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based.
Where he finds that the building permit was issued in error and should not have been issued in accordance with the applicable law.
Where he finds that the work performed under the permit is not being pursued in accordance with the provisions of the application, plans or specifications.
Where the person to whom a building permit has been issued fails or refuses to comply with a stop order issued by the Building Inspector or Zoning Administrator.
§ 250-92 Certificates of occupancy.
Scope.
No building shall be occupied, used or changed in use until a certificate of occupancy has been issued by the Building Inspector, stating that the building or proposed use complies with the provisions of this chapter and all other applicable laws and regulations. Specifically, the following requirements shall be strictly met:
No building erected after the effective date of this chapter shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Building Inspector.
No building enlargement, extension or alteration after the effective date of this chapter which required the issuance of a building permit shall be occupied or used, unless a certificate of occupancy shall have been issued by the Building Inspector.
No change shall be made in the specific use or type of occupancy of an existing building unless a certificate of occupancy authorizing such change shall have been issued by the Building Inspector.
No certificate of occupancy shall be issued until the road or roads have been completed sufficiently to provide proper and reasonable ingress and egress for emergency vehicles.
No certificate of occupancy shall be issued without prior approval of water supply and sewage facilities by the Dutchess County Department of Health.
Application and review.
A certificate of occupancy shall be applied for, to the Building Inspector, upon completion of construction.
Before the issuance of a certificate of occupancy, the Building Inspector shall examine all buildings, structures and sites for which an application has been filed for a building permit to construct, enlarge, alter, remove, demolish, or change the use or occupancy; and he may conduct such inspections as he deems appropriate from time to time during and upon completion of the work for which a building permit has been issued. There shall be maintained by the Building Inspector a record of all such inspections and examinations together with a record of findings in violation of the law.
When, after final inspection, it is found that the proposed work has been completed in accordance with the applicable provisions of this chapter, provisions of the Uniform Code, and in accordance with the application, plans and specifications filed in connection with the issuance of the building permit, the Building Inspector shall issue a certificate of occupancy.
Disapproval. If it is found, on final inspection, that the proposed work has not been properly completed, the Building Inspector shall refuse to issue a certificate of occupancy and shall order the work completed in conformity with the building permit and in conformity with the applicable building regulations. The Building Inspector shall state such disapproval in writing with the cause and immediately mail such disapproval by certified mail to the applicant at the address indicated on the application. Such notice shall include information on the appeals procedure.
Temporary certificates. Upon request, the Building Inspector may issue a temporary certificate of occupancy for a building or structure, or part thereof, before the entire work covered by the building permit has been completed, provided such portion or portions as have been completed may be occupied safely without endangering life or the public welfare, and provided the work can be reasonably expected to be completed within 30 days. A temporary certificate of occupancy shall be effective for a period not to exceed 30 days. No temporary certificate of occupancy shall be issued for any use requiring a special use permit or site plan approval until such approvals have been granted.[1]
Upon request, the Building Inspector may issue a letter "in lieu of certificate of occupancy" which verifies that a building predates the requirement for issuance of a certificate of occupancy.
Revocation. If the property owner fails to continuously maintain the premises in conformance with any conditions imposed as part of the permit process, the Building Inspector, after giving notice of the deficiency and reasonable time for the property owner to remedy the deficiency, may revoke the certificate of occupancy. Such revocation shall be in writing, sent to the property owner by certified mail, and shall include information on the appeals procedure.
§ 250-93 Demolition permits.
General. Demolition of a building involves the discontinuation of a particular use and ultimately the use of the property in a different manner. Therefore, prior to commencement of any demolition, except as provided herein, a demolition permit must be obtained from the Building Inspector. Such requirement for permit shall not apply to farm buildings.
Intent. The intent of this regulation is to provide for the orderly process of demolition of any building, and to assure proper review of historical and safety considerations, as well as compliance with future intended use of the property.
Application. The applicant shall submit the following to the Building Inspector:
A statement regarding the age of the building to be demolished and any national, state or local designations of significance that are associated with the building and the parcel on which it is located;
A statement regarding why the building is planned for demolition and, if the building has some historic value, what alternative actions could be taken to preserve it;
Plans regarding how the demolition process will take place, in the form prescribed by the Building Inspector;
If known, the intended future use of the property;
Applicable environmental assessment form as required by this chapter in conjunction with the State Environmental Quality Review Act, Article 8 of the Environmental Conservation Law and Part 617 of the New York Codes, Rules and Regulations.
Issuance of permit. Upon the filing for a demolition permit, the Building Inspector shall refer such application to the Planning Board. The Planning Board shall review such application within 45 days, and approve such plans only if it finds that the demolition is in compliance with federal, state and local regulations with regard to historical buildings, and that the demolition will not do harm to the character of the surrounding area and buildings. The Planning Board may require alterations to the demolition plan in order to approve it. The Building Inspector shall conduct his own review of the application with regard to compliance with building regulations, and upon Planning Board approval, the Building Inspector shall issue a demolition permit within 30 days. In the event that plans submitted are disapproved by the Planning Board or the Building Inspector, the Building Inspector shall notify the applicant, in writing, of the reason for refusal to issue the permit.
§ 250-94 Fire Inspector powers and duties.
General. The Fire Inspector shall administer and enforce the provisions specified by this section in accordance with the New York State Uniform Fire Prevention and Building Code and other laws of the Town of Clinton. In carrying out such duties, the Fire Inspector shall cooperate with the Building Inspector, the Zoning Administrator, and other fire prevention and safety agencies.
Appointment. The Town Board shall appoint one or more Fire Inspectors as the need may appear to act under its supervision and direction and to exercise such duties as specified herein. The two positions of Building Inspector and Fire Inspector may be held separately or by the same person, as appointed by the Town Board, which may also assign temporary duties if a vacancy occurs. Where the two positions are separately held, the Town Board shall resolve any jurisdictional questions.
Inspections.
The Fire Inspector shall perform such minimum fire and safety inspections as are required by the New York State Uniform Fire Prevention and Building Code, and other such inspections as may be required by other laws of the Town of Clinton, including but not limited to:
Fire safety inspections in all multiple dwellings and all nonresidential occupancies, at intervals consistent with local conditions, as specified by resolution of the Town Board or local law;
Inspections to determine building safety requested by the Fire Department following a fire, if so specified by resolution of the Town Board or by local law;
Inspections in response to bona fide complaints regarding fire-related conditions or activities allegedly failing to comply with the Uniform Code.
Inspections during construction shall be performed by the Building Inspector in accordance with the duties of the position.
Issuance of stop orders and appearance tickets. The Fire Inspector may issue stop orders and appearance tickets related to the scope of his responsibilities, in the manner prescribed for such issuance in § 250-89.
Records. The Fire Inspector shall maintain files of all inspections. These files shall be public records. A summary of each such inspection shall be filed in the office of the Town Clerk within 10 days of the inspection or action.
Reports. The Fire Inspector shall make a report to the Town Board, in writing, at least annually, listing each inspection performed and summarizing the number and type of such inspections performed.
Appeal.
An appeal may be made to the Zoning Board of Appeals from any decision of the Fire Inspector. Such an appeal by an applicant for a permit shall be made within 45 days of the filing of such inspection in the office of the Town Clerk.
Appeal may be made to the regional board of review for the NYS Uniform Fire Prevention and Building Code for variances to the Uniform Code. Application requirements for such a request may be obtained from the Building or Fire Inspector.
§ 250-95 Planning Board powers and duties.
Creation, composition and appointment.
Creation. A Planning Board shall be maintained in accordance with § 271 of the Town Law.
Composition. The Planning Board consists of seven members, unless changed in accordance with § 271 of the Town Law.
Appointment. The Town Board shall appoint the members of the Planning Board and shall designate its Chairperson. No person may serve on the Planning Board who is a member of the Town Board or the Zoning Board of Appeals. The terms of each of the Planning Board positions shall be seven years, and as otherwise provided by their creation in accordance with § 271 of the Town Law. Vacancies shall be filled by the Town Board. If a vacancy occurs other than by expiration of term, it shall be filled by appointment for the unexpired term.[1]
Removal. The Town Board shall have the power to remove any member of the Planning Board for cause after public hearing.
Compensation. The Town Board may provide for compensation to be paid to Planning 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 Chairperson and at such other times as such Board may determine. All meetings of such Board shall be open to the public.
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 made part of the minutes. The minutes, once approved, shall be filed in the office of the Town Clerk and shall be a public record.
Procedure. The Planning Board shall proceed in accordance with Article 16 of the Town Law, and as further provided in this chapter and Chapter 206, Subdivision of Land.
All determinations and procedures of the Planning Board shall be made in accordance with the requirements of the State Environmental Quality Review Act (SEQRA).
Fees. The Planning Board, in exercising the full power and authority conferred on it under Town Law Article 16 and this chapter, shall require an applicant for a permit to pay the fee established by resolution of the Town Board for such permit, and to include reasonable and necessary costs for the Planning Board to hire its own independent surveyor, engineer, planning consultant, attorney and/or similar expert.[2]
Subdivisions. The Planning Board shall have full power and authority to approve subdivision plats, as provided by Article 16 of the Town Law, as further provided by this chapter, and Chapter 206, Subdivision of Land, and:
As provided by Chapter 206, Subdivision of Land, the Planning Board shall hold a public hearing prior to final subdivision approval. In addition to giving public notice as therein prescribed, the Planning Board shall, at least five days before such hearing, mail notices by certified mail to adjacent property owners within 200 feet of the property involved. Notification to the county and state for adjacent highways is not required. Provided that there has been substantial compliance with the provisions of public notice, the failure to give notice in exact conformance herewith shall not be deemed to invalidate an action taken by the Planning Board in granting or denying approval of a subdivision.
In addition to all material required to be submitted to the Planning Board by Chapter 206, Subdivision of Land, and the Planning Board's application packet, the applicant shall furnish a copy of the Assessor property record from the Assessor's office, including the uses, as defined herein, of all buildings on the property being subdivided, and shall either affirm that the facts furnished on the Assessor record are correct or shall correct the record as presented to the Planning Board. Any application which is incorrect shall void any approval by the Planning Board.
Site plans. The Planning Board shall review all site plans in accordance with § 250-96 of this chapter.
Variances.
Application for variances may be made to the Zoning Administrator upon denial of a requested use or building permit. Upon the Zoning Administrator's determination that a variance is required and that the application is complete, the Zoning Administrator shall within five days or at its next regular meeting transmit the application to the Planning Board for recommendation to the Zoning Board of Appeals.
In accordance with § 271 of the Town Law, the Town Board hereby refers all applications for variances to the Planning Board for its recommendation prior to final action on such variances by the Zoning Board of Appeals.
The Planning Board shall issue a written report of its recommendation to the Zoning Board of Appeals on each variance application, which shall be decided by the Zoning Board of Appeals in accordance with § 250-98 of this chapter.
In considering variance applications, the Planning Board shall use the same criteria for evaluating the application as is prescribed herein for the Zoning Board of Appeals, and may recommend any conditions, safeguards or alternatives to the Zoning Board of Appeals as it deems appropriate.
Special use permits. The Planning Board shall have the power to grant special use permits in accordance with § 250-97 of this chapter.
[Amended 5-11-2010 by L.L. No. 1-2010, effective 5-20-2010]
Demolition permits. The Planning Board shall review applications for demolition permits, in accordance with § 250-93 of this chapter.
Nonconforming uses. The Planning Board shall review all applications for change of nonconforming use, referred to it by the Zoning Board of Appeals in accordance with § 250-98. In reviewing such applications, the Planning Board may, as it deems necessary, require the applicant to prepare a site plan, and to provide any other information needed to make its recommendation. In addition to review of the site plan, if necessary, the Planning Board shall make its recommendation on such application in accordance with the provisions of Article VI in this chapter and the considerations listed in § 250-98E.
Master Plan. In accordance with § 272-a of the Town Law, the Planning Board may prepare and change a comprehensive master plan for the development of the entire area of the Town.
Other. The Planning Board shall be authorized to review and decide any applications on which it has been empowered by resolution of the Town Board, in accordance with § 271 of the Town Law, or on which it has been empowered by any other laws of the Town of Clinton.[3]
[3]
Editor’s Note: Former Subsection K, Lot line alterations, added 3-14-1995 by L.L. No. 2-1995, which immediately followed this subsection, was repealed 2-10-2015 by L.L. No. 1-2015, effective 2-24-2015.
§ 250-96 Site plans.
Scope.
The Planning Board is authorized to review and approve, approve with modifications, or disapprove new developments, alterations, or changes in use which affect site requirements such as parking, access, sewage disposal, water supply, runoff, landscaping, buffers, architectural features, location of structures, impact on adjacent land uses, elements relating to health, safety, and general welfare of the community, etc., and to ensure that plans are prepared to the specifications set forth in the applicable zoning districts, the pertinent supplementary regulations, and the general criteria and standards set forth below.
Site plan approval by the Planning Board is required for all uses specified in the Schedule of Use Regulations[1] as requiring site plan review (including change of use), for all special permit uses, for expansions of nonconforming uses, and for changes to similar or less nonconforming uses.
[1]
Editor's Note: The Schedule of Use Regulations is included at the end of this chapter.
The site plan review process permits the Planning Board to analyze development proposals in terms of their impacts on local growth and the need for facilities and services.
Procedure for site plan approval.
Referral by the Zoning Administrator.
Prior to the approval of a building permit or certificate of occupancy in any district, the Zoning Administrator shall require site plan approval for uses specified in the Schedule of Use Regulations.
The Zoning Administrator shall refer the applicant to the Planning Board for its review of the proposed structure or use in accordance with the standards and procedures set forth in this section.
Sketch plan conference.
A sketch plan conference between the Planning Board and applicant shall be held to initially review the basic site design concept and generally determine the extent of site plan review necessary for the intended project and the information to be required on the site plan and in accompanying reports. At the sketch plan conference, the applicant should provide a written statement and rough sketch describing what is proposed, including indication of all existing structures and uses, if any, on the site.
At a minimum, this conference should include a map showing the important existing natural and built features in and around the site and a sketch plan showing the major features of the proposed development. This information can then form the basis with which the Town can advise the applicant on the next steps required to gain final site plan approval and of the necessary data that will have to be provided with the application. It should be noted that a copy of any deed restrictions should be provided for review at this sketch plan conference. A copy of the documentation presented should be kept on file by the Planning Board.
The Planning Board shall then take one or more of the following three actions:
Require full review. Advise the applicant of site plan application requirements in accordance with Subsection C and a related administrative checklist which may be employed.
Require additional information. Require additional sketch plan information needed to complete a satisfactory review. Requirements in Subsection C may be waived or combined as appropriate to the proposed project.
Waive one or more site plan application requirements.
Formal application to the Planning Board.
Meeting with applicant. Upon receipt of the application, the Planning Board shall notify the applicant, in writing, of the place, date and time of the meeting of the Planning Board at which the application is to be considered and request the applicant's presence to discuss the application.
Referral to Dutchess County Department of Planning. The Planning Board shall comply with the provisions of Article 12B, §§ 239-l and 239-m of the General Municipal Law, as amended, and refer to the Dutchess County Department of Planning such site plan applications as are within its jurisdiction [see § 250-98B(5)]. When a referral is sent to any agency, it shall indicate the date when a response is due.
Site inspection. Inspections may be made by the Zoning Administrator in accordance with this chapter and by Planning Board members and/or the Town Engineer, as part of the application review. No approval shall be granted if such reasonable inspections are not permitted by the applicant.
Public hearing notice. Within 62 days of the receipt of a complete application, the Planning Board shall conduct a public hearing. Public notice shall be given by publication in the official Town newspaper at least five days prior to the public hearing. The Planning Board shall mail notice of said hearing to the applicant at least 10 days before the hearing. Reports from the Dutchess County Department of Planning shall be read into the record at the hearing. At the discretion of the Planning Board, the requirement for a public hearing may be waived. If the public hearing is waived, all responses from referrals to other agencies will be read into the record at the final review meeting, before a decision is made.[2]
Conditions. In acting to approve, with or without modifications, a site plan application, the Planning Board shall attach such reasonable conditions and restrictions as are directly related to and incidental to the proposed site plan.[3]
Necessary permits. A record of application for an approval status of all necessary permits from federal, state, county, and Town agencies shall be required before final site plan approval is granted.
Decision. Within 62 days of the hearing or of the receipt of the complete application as specified by the Planning Board if no hearing has been held and after the applicant has had the opportunity of meeting with the Planning Board, the Planning Board shall approve, approve with modification, or disapprove the site plan. The decision of the Planning Board shall be expressed in the report to the Zoning Administrator, which report shall be binding. A copy of said report shall be mailed by certified mail to the applicant at the address indicated on the application. The decision of the Planning Board shall be filed in the office of the Town Clerk within five days after such decision is rendered. If applicable, a report on the action taken shall also be filed within seven days thereof with the Dutchess County Department of Planning. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Board.[4]
Within 60 days of the date of approval or approval with modifications, the applicant shall present to the Planning Board a corrected final site plan in reproducible form, including any modification required by the Planning Board as a condition of its approval. Upon verification by the Planning Board that the plan complies with the requirements of the Board, the plan shall be endorsed by the Planning Board Chairperson and properly filed with the Zoning Administrator, the Planning Board and the Town Clerk. No building permit shall be issued until compliance with this section is complete.
Any approval shall be terminated if construction is not completed within 18 months of approval, unless the approval is reviewed and extended by the Planning Board.
Appeals. Any disagreement with the Planning Board's interpretation of any provision of this chapter may be appealed to the Zoning Board of Appeals.
Application requirements. At the discretion of the Planning Board, any of the application requirements listed in this section may be waived in accordance with Subsection B above. The application for site plan approval shall be submitted in four copies, and shall include the following requirements:
State Environmental Quality Review Act (SEQRA) environmental assessment form. No application shall be deemed complete without compliance with SEQRA, including, where necessary, a lead agency determination, a negative or positive declaration, and the submission of an acceptable draft environmental impact statement (DEIS), if needed.
A vicinity map drawn at the scale of 2,000 feet to the inch or larger showing the relationship of the proposal to existing community facilities that may affect or serve it such as roads, shopping areas, schools, etc. It shall also show all properties, subdivisions, streets and easements within 500 feet of the property on which the use for which application is made is proposed to be situated. Such a sketch may be superimposed on a USGS map of the area.
A site plan or set of plans showing the intended use of the property shall be prepared by a licensed design professional, such as an architect, engineer, or surveyor, at a scale of not less than one inch equals 50 feet and shall include the following information:
Boundaries of the property and existing lot lines as shown on the current Tax Map. If the current Tax Map is in error, this condition shall be resolved before final approval is granted.
The names of all owners of record adjacent to the applicant's property.
The location of structures and used on adjacent properties within 100 feet of the subject lot line.
Existing public streets, easements, or other reservations of land within 500 feet of the applicant's property.
Existing zoning and special district boundaries within 500 feet of the tract.
The location and boundaries of pertinent natural features that may influence the design of the proposed use such as watercourses, wetlands, one-hundred-year floodplains, soil types, rock outcrops, existing vegetative cover, and single trees (which are not part of a wooded area) eight or more inches in diameter.
Existing topography and proposed grading, at contour intervals of not more than two feet, referenced to the nearest U.S. government or local approved benchmark, and extending 50 feet beyond the subject property.
The extent and amount of cut and fill for all disturbed areas.
A soil erosion and sediment control plan, if applicable.
The location, dimensions, proposed use, and design of all existing and proposed buildings and structures.
The location size, design, materials, and associated lighting of all existing and proposed signs.
The location, description and design of all existing and proposed site improvements, including pavement, walks, buffers, curbing, fences, walls, screening and recreational facilities.
The location and design of existing and proposed streets, roads, highways, alleys, cul-de-sacs, parking areas, and truck/commercial vehicles loading and unloading areas.
Landscaping plan, showing the natural vegetation to be preserved, the number, size, types, and locations of all trees and shrubs to be planted, and proposed grass and ground cover areas, and a landscape maintenance plan (see § 250-61, Landscaping).
The location and description of existing or proposed sewage disposal systems and water supply systems, including wells, water lines, valves, hydrants, and storage tanks.
Proposed stormwater drainage system, including existing and proposed drains and culverts.
The location and design of existing and proposed lighting, power, and communications facilities, including any towers and satellite dish antennas.
The location, type, and design of all solid waste handling facilities.
The location of outdoor storage, if any.
Lot area in acres or square feet, and measurements of lot boundaries with bearings.
Ground area of buildings and total area by floor.
Measurement of setbacks of buildings.
Number of parking spaces required and to be provided.
The amount of building area proposed for retail sale uses, if any.
Any proposed division of buildings into units of separate occupancy.
A signature block for Planning Board endorsement of approval, the applicant's name and address, North arrow, scale, and date.
The location and design of monuments.
The location and width of all driveways, exits, and entrances.
The pedestrian safety plan and control elements.
The aesthetic relationship of the proposed structures to the site.
Specifications for materials of the proposed site improvements.
Fiscal impacts to the Town.
Elevations and sections shall be required at a scale sufficient to delineate clearly the bulk and height of all buildings and other structures included in the proposal.
Estimated project construction schedule.
For projects involving more than one phase, a site plan indicating ultimate development of the entire property.
A copy of any covenants or deed restrictions for any part of the property.
Other information as required by the Planning Board to assist in the review of the site plan.
All revisions to site plans must be numbered and dated.
General criteria and standards for site plan approval. The following criteria and standards shall be used by the Planning Board for applications for site plan approval. They are intended to provide a framework within which the designer of the development is free to exercise creativity, invention and innovation while recognizing the historic, scenic and rural qualities inherent in the community. The Planning Board has the authority to require submission of alternative design and layout proposals based on guidelines in this section. Site plans are further subject to all other applicable provisions of this chapter, including the supplementary regulations pertaining to the zoning district, the proposed use, and the site treatment.
Relationship of proposal to the Town Master Plan.
Due attention by the applicant should be given to the goals, objectives and the stated general land use policies for the Town and the specific area in which the development is proposed.
In the site plan and design, recognition should be given, where possible, to the traditional building forms and layouts which are evidence of the distinctive historical development of the area, and of the specially designated or recognized scenic and historic districts within the vicinity of the proposed development.
Relationship of buildings to site.
The site shall be planned to create a desirable relationship to the streetscape and to provide for adequate planting, safe pedestrian movement, and adequate parking areas.
Site plans in which setbacks and yards are in excess of zoning restrictions are encouraged to provide a variation in relationship between buildings.
Parking shall, wherever possible, be located to the rear or sides of buildings.
The height and bulk of each building shall be compatible with its site and existing or anticipated adjoining buildings.
New structures will be sited and located to take advantage of solar access insofar as practical, including the orientation of proposed buildings with respect to sun angles, the shading and windscreen potential of existing and proposed vegetation both on and off the site, and the impact on solar access to adjacent uses and properties.
Newly installed utility services and service revisions necessitated by exterior alterations shall be underground, where practical.
Relationship of buildings and site to adjoining area.
Site plans proposed adjacent to a residential district shall be reviewed with regard to the impact of the development on that district.
The Planning Board shall encourage the use of a combination of landscaping, buffers, screens, visual interruptions, and common building materials to create attractive transitions between buildings of different architectural styles.
Lighting.
Exterior lighting shall enhance the building design and the adjoining landscape. Lighting standards and building fixtures shall be of a design and size compatible with the building and adjacent areas.
The number of light standards and the intensity of lighting shall be appropriate to illuminate the location for safety, without glare to adjoining properties and streets.
Lighting standards shall be appropriate to the design of the structures and shall not exceed 15 feet in height.
Building design.
Appropriate recognition should be made in the building design of compatible building forms indigenous to the community and, in particular, to the historic character of Clinton.
Materials shall have good architectural character and shall be selected for harmony with traditional building materials. Where practical, natural materials should be used.
Building components such as windows, roof lines, doors, eaves, entrance porches, and decorative elements shall have well-designed proportions and relationships to one another and be compatible with the historic character of Clinton.
Mechanical equipment such as air conditioners, satellite dishes, and other utility hardware on roofs, ground, or buildings shall be screened from public view with materials harmonious with the building, or they shall be located so as not to be visible from any public ways.
Exterior lighting shall be part of the architectural concept. Fixtures, standards and all exposed accessories shall be harmonious with building design.
Ecological considerations.
The proposal shall result in minimal degradation of unique or irreplaceable land types and in minimal adverse impact upon areas of environmental concern.
The proposal shall conform with existing geological and topographic features, to the end that the most appropriate use of land is encouraged.
Drainage. The proposed development shall be so designed as to provide for proper surface water management through a system of controlled drainage that preserves existing drainage patterns and protects other properties. Drainage plans shall be reviewed by the Town Engineer prior to approval. Wherever possible, drainage systems should be designed to avoid an increase in stormwater volume and velocity.
Solid waste. Facilities to handle solid waste shall be easily accessible and properly screened.
Vehicular traffic.
All entrance and exit driveways shall be located with due consideration for traffic flow, so as to afford maximum safety to traffic on public streets and shall be reviewed by the appropriate state, county or local authority.
On-site circulation shall be designed for ease of use, the safety and convenience of pedestrians, and safe connections with adjoining properties where appropriate.
Pedestrian circulation.
Pedestrian circulation shall be separated from motor vehicle circulation. Appropriate walkways shall be provided on the site and its approaches if deemed necessary.
Disabled persons. The plan, for any use to which the public is expected to visit, shall make proper provision for buildings and site developments that are accessible to and functional for physically disabled persons, such as by provision of walks and ramps of suitable width and grade, curb cuts, identified wide parking spaces and ground-level building entrances, as required in the New York State Uniform Fire Prevention and Building Code and all of the applicable state and federal laws and regulations.
Performance bonds. The applicant may be required to post performance bonds or other form of surety approved by the Town Board in sufficient amounts and duration to assure that all streets or other public places shown on the site plan shall be suitably graded and paved and that street signs, sidewalks, street lighting standards, curbs, gutter, street trees, water mains, fire alarm signal devices, including necessary ducts and cable or other connecting facilities, sanitary sewers and storm drains or combined sewers or other public improvements proposed shall all be installed in accordance with standards, specifications and procedures acceptable to the appropriate Town departments. The form of the bond shall be approved by the Town's attorney. The need for a performance bond and its amount shall be approved by the Town Board, with the recommendation of the Planning Board.
§ 250-97 Special use permits. [1]
Procedures.
All uses listed in the Schedule of Use Regulations[2] as special permit uses are declared to possess characteristics of such unique and distinct form that each specific use shall be considered as an individual case, and they shall conform to, but not be limited to, the following general requirements as well as the pertinent supplementary regulations. Special permit uses are subject to the requirements of § 250-96, Site plans. Any conditions placed on the special use permit shall be conditions of site plan approval.
[2]
Editor's Note: The Schedule of Use Regulations is included at the end of this chapter.
Prior to the issuance of a building permit or certificate of occupancy in any district, the Building Inspector shall require an application for a special use permit for uses so specified in the Schedule of Use Regulations. Application for a special use permit shall be made to the Zoning Administrator. The application shall include, but not be limited to:
Completed application form and fees.
Appropriate environmental assessment form as required by the State Environmental Quality Review Act, Article 8 of the Environmental Conservation Law, and Part 617 of the New York Codes, Rules and Regulations.
Written statement and/or drawing describing what is proposed.
Other information deemed necessary by the Planning Board to explain the proposed use and consistency with the standards of this chapter.
Review of application and SEQRA process. The Planning Board shall review the application with the applicant and determine the process for compliance with the State Environmental Quality Review Act.
Referral to Dutchess County Department of Planning, if necessary. The Planning Board shall comply with the provisions of Article 12B, §§ 239-l and 239-m of the General Municipal Law, as amended, and refer to the Dutchess County Department of Planning such special use permit applications as are within its jurisdiction.
Public notice and hearing. The Planning Board shall within 62 days of the receipt of the complete application conduct a public hearing on any special use permit application. The Planning Board shall provide a copy of the notice of said hearing to the applicant and at which hearing the applicant shall appear in person or by agent. The Board shall additionally provide notice as follows:[3]
By publishing at least five calendar days prior to the date thereof a legal notice in the official newspaper of the Town.
By requiring notice of the public hearing and data regarding the substance of the application to the owners of all property abutting that held by the applicant and all other owners within 200 feet of the land involved in such application. Notice shall be given by certified mail at least five days prior to the hearing.
The names and addresses of owners notified shall be taken as such appear on the last completed tax roll of the Town.
Provided that there has been substantial compliance with these provisions, the failure to give notice in exact conformance herewith shall not be deemed to invalidate an action taken by the Planning Board with granting or denying a special use permit application.
If the land involved in the application lies within 500 feet of the boundary of any other municipality, the Planning Board shall also mail at least five calendar days prior to the public hearing to the municipal clerk of such other municipality or municipalities a copy of the notice of the substance of every application, together with a copy of the official notice of such public hearing.
Decision. Within 62 days of the public hearing, the Planning Board shall render a decision on the special use permit. This time limit may be extended by mutual consent of the applicant and the Planning Board.[4]
Filing of decision. The resolution (including any conditions) of the Planning Board, fully setting forth the reasons for approval or denial, shall be filed by the Planning Board in the office of the Town Clerk, and a copy shall be sent by the Planning Board by certified mail to the applicant within five days of the decision. If applicable, a report on the action taken shall be also filed within seven days thereof with the Dutchess County Department of Planning.
Expiration of special use permits. A special use permit shall be deemed to authorize only the particular use or uses specified in the permit and shall expire if said use or uses shall cease for any twelve-month period after the date of special use permit approval or if the use is not commenced within 12 months of approval.
Renewal of special use permit. Where required by Article V of this chapter or by condition of approval by the Planning Board, special use permits for some uses may be subject to renewal. Such permission for renewal will be made as for an initial application. The Planning Board may request any additional information it deems necessary for the review of the renewal application.
Revocation of special use permit. Special use permits may be revoked by the Zoning Administrator in the event of change of use, expansion of a use beyond the conditions approved, or violation of the conditions of the special use permit.
Existing violations. No special use permit shall be issued for a property upon which there is an existing zoning violation.
Building permit approval. If the Planning Board indicates that all applicable requirements have been met and approves the special use permit and the Zoning Administrator has determined that all other applicable laws have been complied with, the Building Inspector may issue the building permit for which application has been made. The Building Inspector shall attach such conditions and safeguards to the building permit as have been required by the Planning Board. If the Building Inspector finds that any of the applicable requirements have not been met, the Building Inspector shall not issue the building permit for which the application has been made. Building permit applications shall be made in accordance with § 250-91.
General standards. Under § 274-a of the Town Law, the Town Board has delegated authority to the Planning Board to grant or deny special use permits. The Planning Board may grant a special use permit only if the proposed activity conforms to the following general conditions and any other particular conditions specified for that use in Article V or elsewhere in this chapter. No exceptions to the specific conditions listed in Article V or to these general standards shall be made by the Planning Board or Zoning Board of Appeals. The Planning Board, after public notice and hearing, may approve the issuance of a special use permit, provided all of the following conditions and standards have been met:
The location and size of the use, the nature and the intensity of the operations involved, the size of the site in relation to the use, and the location of the site with respect to existing and future streets and roads providing access, shall be in harmony with the orderly development of the district and its historic or rural character.
The location, nature and height of the buildings, walls and fences, and the nature and intensity of intended operations, will not discourage the appropriate development and use or impair the value of adjacent land and buildings.
All proposed traffic accessways shall be adequate but not excessive in number, adequate in width, grade, alignment and visibility, be sufficiently separated from street intersections and places of public assembly, and meet similar safety considerations.
Adequate provision for safe and accessible off-street parking and loading spaces shall be provided to prevent parking in public streets of vehicles of persons connected with or visiting the use.
All parking and service areas shall be screened at all seasons of the year from the view of adjacent residential lots and streets or roadways, and the general landscaping of the site shall be in character with that generally prevailing in the neighborhoods. Such landscaping shall include the preservation of existing trees to the extent practicable.
All proposed buildings, structures, equipment and/or material shall be readily accessible for fire and police protection.
The character and appearance of the proposed use, buildings, structures, and/or outdoor signs shall be in general harmony with the character and appearance of the surrounding neighborhood, shall not be more objectionable to nearby properties by reason of noise, fumes, vibration, flashing lights, or hours of operation than the operations of any permitted principal use and shall not adversely affect the general welfare of the inhabitants of the Town.
The use shall meet the prescribed area and bulk requirements for the district in which located or as further specified in the supplementary regulations, including such matters as minimum setback, maximum height, required off-street parking and sign regulations.
The level of services required to support the proposed activity or use is, or will be, available to meet the needs of the proposed activity or use.
The sewage disposal system will be adequate to accommodate the proposed use, in accordance with health regulations.
The Planning Board may require additional conditions and safeguards to the special use permit as may be necessary to assure continual conformance to all applicable standards and requirements, including periodic special use permit renewal where not specified in the supplementary regulations for that use.
§ 250-98 Zoning Board of Appeals powers and duties.
Creation, composition and appointment.
Creation. A Zoning Board of Appeals shall be maintained in accordance with § 267 of the Town Law.
Composition. The Zoning Board of Appeals consists of seven members, unless changed in accordance with § 267 of the Town Law.
Appointment. The Town Board shall appoint the members of the Zoning Board of Appeals and shall designate its Chairperson. No person shall serve on the Zoning Board of Appeals who is a member of the Town Board or the Planning Board. The terms of each of the Zoning Board of Appeals positions shall be five years, as provided by their creation in accordance with § 267 of the Town Law. Vacancies shall be filled by the Town Board. If a vacancy occurs other than by expiration of term, it shall be filled by appointment for the unexpired term.
Removal. The Town Board shall have the power to remove any member of the Zoning Board of Appeals for cause after public hearing.
Compensation. The Town Board may provide for compensation to be paid to Zoning Board of Appeals members, experts, clerks, a secretary and for other such expenses as may be necessary and proper.
Procedures. In its quasi-judicial role, the Zoning Board of Appeals shall act in strict accordance with the procedures specified by § 267 of the Town Law and this chapter.
Meetings. All meetings of the Zoning Board of Appeals shall be held at the call of the Chairperson and at such other times as such Board may determine. On the five-member board, a quorum shall consist of three members. In order to reverse a decision of the Zoning Administrator or Building Inspector or authorize a variance, or to decide contrary to the recommendation of the Planning Board, an affirmative vote of at least three members shall be required. A favorable vote of a majority plus one, i.e., of at least four members, shall be required if the action taken by the Zoning Board of Appeals is contrary to an advisory recommendation received from the Dutchess County Department of Planning under the provisions of §§ 239-l and 239-m of the General Municipal Law. All meetings of such Board shall be open to the public.
[Amended 5-11-2010 by L.L. No. 1-2010, effective 5-20-2010]
Minutes. The Zoning 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 made part of the minutes. The minutes, once approved, shall be filed in the office of the Town Clerk within 10 days and shall be a public record.
Application and fee. All appeals and applications to the Zoning Board of Appeals shall be made in writing, on forms prescribed by the Board, and shall be filed with the Zoning Administrator within 30 days of the action appealed from, and shall be accompanied by the applicable fee in accordance with the fee schedule annually reviewed and established by the Town Board. Appeals for review of administrative decisions shall also be filed with the Zoning Board of Appeals. Every appeal or application shall refer to the specific provision of this chapter that is involved and shall precisely set forth either the interpretation that is claimed or the details of the variance that is applied for and the ground on which it is claimed that such variance should be granted. Each application shall also be accompanied by a short or full environmental assessment form as required by SEQRA, Article 8 of the Environmental Conservation Law and Title 6, Part 617 of the New York Codes, Rules and Regulations.
Public notice and hearing. The Zoning Board of Appeals shall fix a reasonable time for the hearing of any appeal, application or other matter referred to it and give public notice 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 by certified mail to the involved parties, to adjacent property owners within 200 feet of the property involved, and to the regional state park commission having jurisdiction over any state park or parkway within 500 feet of the property affected by such appeal or application. Upon the hearing, any party may appear in person or by agent or by attorney. The names and addresses of owners notified shall be taken as such appear on the last completed tax roll of the Town. If the land involved in the appeal or application lies within 500 feet of the boundary of any other municipality, the Zoning Board of Appeals shall also submit, at least five days prior to the public hearing, to the municipal clerk of such municipality a copy of the notice of the substance of the appeal or application, together with a copy of the official notice of such public hearing. Provided that there has been substantial compliance with the provisions on public notice herein, the failure to give notice in exact conformance herewith shall not be deemed to invalidate an action taken by the Zoning Board of Appeals in granting or denying an appeal or an application for a variance from a specific provision of this chapter.
Required referrals. A full statement of any appeal or application that meets the specific referral requirements of §§ 239-l and -m of the General Municipal Law shall also be referred prior to the public hearing to the Dutchess County Department of Planning for its review. No action shall be taken by the Zoning Board of Appeals on such appeal or application until an advisory recommendation has been received from said County Planning Department or 30 days have elapsed since the Planning Department received such full statement.
Such actions shall include those which affect property located within 500 feet of the following:
Municipal boundary;
Boundary of any existing or proposed county or state park or other recreation area;
Right-of-way of any existing or proposed county or state road or highway;
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
Existing or proposed boundary of any county- or state-owned land on which a public building or institution is situated.
The Zoning Board of Appeals shall refer to and receive recommendations from the Planning Board on all applications for variances and changes of nonconforming uses, and may refer to the Planning Board any other pertinent matters for review and recommendations. The Zoning Board of Appeals shall defer any decision on the application for a period of 30 days or until a report thereon is issued by the Planning Board. If no report is received from the Planning Board within 30 days after such referral, the Planning Board shall be deemed to have waived any rights concerning the matter being referred.
Decisions. Every decision of the Zoning Board of Appeals on an appeal or application shall be made within 62 days of the close of the hearing by the Board, shall be recorded in accordance with standard forms adopted by the Board and shall fully set forth the circumstances of the case and contain a record of the findings on which the decision is based. Every decision shall be by resolution of the Board, with such decision being filed in the office of the Town Clerk within five days thereof. A copy of the decision shall be mailed to the applicant. If applicable, a report on the action taken shall also be filed within seven days thereof with the Dutchess County Department of Planning. The time within which the Zoning Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Board.[1]
Rehearing. Whenever the Zoning Board of Appeals, after hearing all the evidence presented upon an application or appeal, under the provisions of this section, denies the same, the Zoning Board of Appeals shall refuse to hold further hearings on the same or substantially similar application or appeal by the same applicant, his successor, or assign for a period of one year, except and unless the Zoning Board of Appeals shall find and determine from the information supplied by the request for a rehearing that changed conditions have occurred relating to the promotion of the public health, safety, convenience, comfort, prosperity, and general welfare, and that a reconsideration is justified. Such rehearing would be allowed only upon a motion initiated by a member of the Zoning Board of Appeals and adopted by not less than a majority of all members.
Attachment of conditions. In all cases where the Zoning Board of Appeals grants a variance from the strict application of the requirements of this chapter, it shall be the duty of the Zoning Board of Appeals to attach such conditions and safeguards as may be required in order that the result of its action shall be as nearly as possible in accordance with the spirit and intent of this chapter and the criteria for granting relief stated in Subsection D below.
Strict construction. All provisions of this chapter pertaining to the Zoning Board of Appeals shall be strictly construed. The Zoning Board of Appeals, as a body of limited jurisdiction, shall act in full conformity with all provisions of this chapter and in strict compliance with all limitations contained herein; provided, however, that if the procedural requirements set forth in this chapter have been substantially observed, no applicant or appellant shall be deprived of the right of application or appeal.
Administrative review.
The Zoning Board of Appeals shall hear and decide appeals from and review any order, requirement, decision or determination made by the Zoning Administrator, Building Inspector, Fire Inspector, or any administrative official charged with the enforcement of any law adopted pursuant to Article 16 of the Town Law. It shall also hear and decide all matters referred to it or upon which it is required to pass under any such law, including interpretations of the language, intent of such law, or interpretation of the location of zoning district boundaries by the Zoning Administrator or the Building Inspector. 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 law or to effect any variation in such law. Such appeal may be taken by any person aggrieved, or by an officer, department or board of the Town.
An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Zoning Board of Appeals that by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such cases proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Zoning Board of Appeals or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown.
The Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.
Variances. The Zoning Board of Appeals shall hear and decide applications for variances from the terms of this chapter in accordance with the following provisions. The intent of these provisions is to protect the public interest and to observe the spirit of this chapter, and to authorize variances from the terms of this chapter in situations where, due to documentable exceptional and extraordinary circumstances, there would result unnecessary hardships or practical difficulties, as defined below, due to the strict application of the provisions of this chapter. Failure to realize the highest return on the land and/or buildings does not necessarily constitute practical difficulty, economic injury or unnecessary hardship. The Zoning Board of Appeals may grant such variances when the Board finds that the following criteria, or current criteria consistent with New York State law, have been strictly met:
Area variances.[2]
The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of the administrative official charged with the enforcement of this chapter, to grant area variances as defined herein.
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:
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;
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
Whether the requested area variance is substantial;
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
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.
The power of the Zoning Board of Appeals to grant a variance is to be sparingly exercised. Not every applicant for an area variance is automatically entitled to receive relief. Each application should be carefully considered against the requirement for proof of practical difficulty. If the Zoning Board of Appeals decides to grant relief, it may grant only the minimum relief necessary to allow reasonable use of the land or building in question.
Use variance. A property owner who desires to utilize any land and/or buildings for a use that is not permitted by this chapter within the applicable zoning district may apply for a use variance.
An applicant for a use variance must demonstrate unnecessary hardship by satisfying each of the following three tests:
Uniqueness. The applicant must prove that there are certain conditions or features of the property that are not generally applicable throughout the zoning district and that these features make it impossible to earn a reasonable return without some adjustment. If the conditions or features are generally applicable throughout the district, a variance may not be granted.
Reasonable return. The applicant must demonstrate an inability to realize a reasonable return under any of the uses permitted within the zoning district in this chapter. There must be a "dollars and cents" proof of the applicant's inability to realize reasonable return; speculation or qualitative assessment is inadequate. Failure to realize the highest return on the land and/or buildings is not considered a hardship.
Character. The applicant must prove that the requested modification will not change the character or quality of the neighborhood. In addition, the purpose and intent of the zoning district and this chapter must be preserved.
The applicant for a use variance must meet all three tests before the Zoning Board of Appeals may consider granting relief. A use variance may not be granted if the "unnecessary hardship" was created by the applicant, i.e., that the relief sought is to address a self-created hardship.
Should the Zoning Board of Appeals deem the same condition to apply generally to other land or buildings in the same neighborhood or district, the Zoning Board of Appeals may call this condition to the attention of the Town Board and may recommend that the Town Board consider a general amendment of this chapter, but may not grant a variance.
Expiration. Unless construction or use is diligently commenced within one year from the date of the granting of a variance, such variance shall become null and void without further rehearing or action by the Zoning Board of Appeals.
Nonconforming uses. The Zoning Board of Appeals shall hear and decide any request for change of a nonconforming use, as required by Article VI of this chapter, and to determine whether the intended use maintains or reduces the nonconformity.
Appeal from Article VI to enlarge or extend a nonconforming use. In making such determination, the Zoning Board of Appeals shall consider the following:
An unlawful use prior to the effective date of this chapter is not a nonconforming use.
The Planning Board recommendation as a result of its site plan review if a site plan is required by the Planning Board for such determination.
No appeal may be granted by the Zoning Board of Appeals if any violations of this chapter exist with regard to this property.
An owner must make the same showing of deprivation of reasonable use to justify an extension of an established nonconforming use as he would to justify a variance for a new use.
A mere intent by the owner at the time this chapter became effective to use more land for a nonconforming use does not require the Zoning Board of Appeals to permit subsequent extension of nonconforming use of such land.
Request to change from one nonconforming use to another nonconforming use. In making its determination of whether the change of use maintains or reduces the nonconformity, the Zoning Board of Appeals shall consider the following:
No change shall adversely affect the public health, safety and welfare, the character of the neighborhood, or property values in the area of such use, nor prolong any existing adverse effects as a result of such change.
No change of use shall increase the overall degree of nonconformity, with regard to compliance with the Schedule of Area and Bulk Regulations.[3]
[3]
Editor's Note: The Schedule of Area and Bulk Regulations is included at the end of this chapter.
The Planning Board recommendation as a result of its site plan review.
Procedure. The Zoning Board of Appeals shall follow the same procedures for change of nonconforming use as the procedure for variances prescribed in this section.
Relief from decisions. Any person or persons jointly or severally aggrieved by any decision of the Zoning Board of Appeals may apply to the Supreme Court of the State of New York for relief through a proceeding under Article 78 of the Civil Practice Law and Rules of the State of New York. Such proceeding shall be governed by the specific provisions of Article 78, except that the action must be initiated as therein provided within 30 days after the filing of the Zoning Board of Appeals' decision in the office of the Town Clerk.
§ 250-99 Conservation Advisory Committee (CAC).
In accordance with § 239-x of the General Municipal Law, a subdivision, site plan, special use permit, soil erosion and sediment control plan, variance, or rezoning application may be referred by the reviewing agency to a conservation advisory council (Clinton Conservation Advisory Committee) for its recommendation on certain matters, including the following applications in which:[1]
The lands are completely or partly within the Conservation Agricultural Residential District (C District).
The lands are completely or partly over aquifers, as currently derived from U.S. Geological Survey (USGS) maps.
The lands include or partly include New York State Department of Environmental Conservation designated wetlands.
Any other areas specifically designated by resolution of the Town Board for referral of applications to the Conservation Advisory Committee.
If the reviewing agency refers an application to the Conservation Advisory Committee, the agency shall take no action on the application for 30 days without having received a written report from the Conservation Advisory Committee. Such report shall evaluate the proposed use or development and include alternative use proposals consistent with area conservation.
§ 250-100 Greenway Connections. [1]
[Added 8-8-2000 by L.L. No. 3-2000]
The Town of Clinton has adopted “Greenway Connections: Greenway Compact Program and Guides for Dutchess County Communities,” as amended from time to time, as a statement of land use policies, principles, and guides. In its discretionary actions under this chapter, the reviewing agency shall be guided by said statement of policies, principles, and guides.
§ 250-101 Amendments.
This chapter, or any part, including the Zoning District Map indicating the various district boundaries, may from time to time be amended, supplemented, changed, modified or repealed by the Town Board in the manner prescribed by Municipal Home Rule Law.
Initiation. Consideration of an amendment to this chapter may be initiated in one of three ways:
By the Town Board upon its own volition.
By resolution of the Planning Board sent to the Town Board and filed with the Town Clerk, where certain changes or repeal of certain provisions are recommended. Where practical, the Town Board shall initiate consideration of such proposed amendment within 90 days of the time the resolution is filed by the Planning Board in the office of the Town Clerk.
By petition duly signed and acknowledged from the owners of 50% or more of the public road frontage in any zoning district requesting an amendment, supplement or change in the regulations prescribed for such zoning district or part thereof. Where practical, the Town Board shall initiate consideration of such petition for amendment within 90 days of the time the petition is filed by the petitioners in the office of the Town Clerk. Said petition shall be accompanied by the applicable fee, if any, in accordance with the fee schedule established and annually reviewed by the Town Board.
Report of the Planning Board. Proposed amendments may be referred to the Planning Board for a report and recommendation. In undertaking such review, the Planning Board shall make inquiry and provide recommendation concerning the matters specified below:
Whether such change is consistent with the intent of this chapter as applied to the particular zoning districts concerned.
Which areas and establishments in the Town will be directly affected by such change and in what way they will be affected.
Whether adequate public service and other support facilities exist or can be created to serve the needs of any additional development that may occur as a result of such change.
What other regulations may be affected, and to what extent, as a result of such change.
Whether such proposed change is consistent with the underlying objectives of the Town Master Plan and this chapter.
If such a referral is made, the Planning Board shall submit its report to the Town Board within 60 days. Failure of the Planning Board to report within the required time period shall be deemed to be a recommendation of approval of the proposed amendment.
Town Board procedure.
Public notice and hearing. The Town Board shall fix the time and place of the public hearing on the proposed amendment and cause notice thereof to be given pursuant to Municipal Home Rule Law.
Required referral. The Town Board shall transmit a full statement of any proposed amendment, whether a map amendment or a text amendment, that meets the referral requirements of § 239-l or 239-m of the General Municipal Law, to the Dutchess County Department of Planning for its review and recommendation. No action shall be taken by the Town Board on such proposed amendment until a recommendation has been received from the County Department of Planning or 30 days have elapsed since said department received such full statement.
Compliance with SEQRA. Proposed amendments are actions subject to the provisions of the New York State Environmental Quality Review Act. Prior to formal consideration and public hearing, the Town Board shall make a determination as to the type of action, lead agency status, and environmental significance of the proposed amendment in accordance with Article 8 of the Environmental Conservation Law and Title 6, Part 617 of the New York Codes, Rules and Regulations. Any action to initiate an amendment to this chapter shall be specifically accompanied by either a short or full environmental assessment form as required by SEQRA.
Town Board action. The Town Board may approve any such proposed amendment by a majority vote of the Board, except that a favorable vote of at least four members of the Town Board, i.e., a majority plus one, shall be required if action being taken is contrary to the advisory recommendation received from the Dutchess County Department of Planning under the provisions of §§ 239-l and 239-m of the General Municipal Law. If the action taken is contrary to the advisory recommendation of the County Department of Planning, a report on the action shall be filed within seven days thereof with said department.
§ 250-102 Penalties for offenses.
In case any building or structure is erected, constructed, reconstructed, altered, converted, or maintained, or any building, structure or land is used, or any land is divided into lots, blocks, or sites in violation of this chapter or of any ordinance or other regulation made under authority conferred thereby, the proper local authorities of the Town, in addition to other remedies, may institute any appropriate legal action or proceedings in a court of competent jurisdiction to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, use or division of land, 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.
Upon the failure or refusal of the proper local officer, board, or body of the Town to institute any such appropriate legal action or proceeding for a period of 10 days after written request by a resident or taxpayer of the Town to so proceed, any three residents or taxpayers of the Town residing in the district wherein such violation exists, who are jointly or severally aggrieved by such violation, may institute such appropriate legal action in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.
A violation of this chapter is hereby declared to be a Violation Zoning unless specifically designated as a Violation Zoning Enhanced, punishable as set forth in Chapter 137, Fines and Penalties. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, all 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.
[Amended 5-11-2010 by L.L. No. 1-2010, effective 5-20-2010; 9-14-2021 by L.L. No. 5-2021, effective 9-21-2021]
Any person who fails to abate any violation of this chapter after written notice has been served either personally or upon the property owner at the address set forth in the last assessment roll of the Town within 10 days after mailing of said written notice has been sent to said person by certified mail shall be subject to a civil penalty of $100 for each and every day that said violation of the zoning law continues beyond said period, the same penalties recoverable in a civil action brought by the Town in a court of competent jurisdiction, and any civil penalties recovered by the Town shall be retained by it.
If there is any damage to property or land due to a violation of this chapter, the person, firm, partnership, corporation or other party responsible shall be notified and shall cause such damage to be corrected within 36 hours of notice. If it is not so corrected, the Town may cause such correction to be undertaken, and the cost shall be paid to the Town by the party who failed to correct the damage. Such cost shall be a debt owed to the Town, which, if unpaid for more than 30 days after demand for payment, shall be a lien on the real property upon which the damage occurred. Such lien shall be collected by a levy added to the next real property tax levy otherwise payable to the Town.
The remedies provided herein shall be cumulative and shall be in addition to other remedies provided by law.
§ 250-103 Fees.
Fees shall be paid on the filing of any application, in accordance with the fee schedule established by resolution and annually reviewed by the Town Board.