Cobleskill Town City Zoning Code
ARTICLE VI
Administration and Enforcement
§ 140-17 Interpretation.
In interpreting and applying the provisions of this chapter they shall be held to the minimum requirements for the promotion of the public safety, convenience, prosperity and general welfare for the Town of Cobleskill.
§ 140-18 Enforcement.
A.
Enforcing officer. The provisions of this chapter shall be administered and enforced by the Zoning Enforcement Officer appointed by the Town Board, who shall have the power to make inspections of buildings or premises necessary to carry out his duties in the enforcement of this chapter. It shall be the responsibility of Zoning Enforcement Officer to ensure that this Zoning Chapter is enforced and that all new structures comply with the Zoning Chapter.
[Amended 2-8-1993 by L.L. No. 2-1993]
B.
Duties. It shall be the duty of the Zoning Enforcement Officer to keep a record of all applications for permits and a record of all permits issued with a notation of all special conditions involved. He shall file and safely keep copies of all plans submitted and the same shall form a part of the records of his office and shall be available for use of the Town Board and other officials. The Zoning Enforcement Officer shall not issue a permit for the construction or substantial change of the outside of any building or change of use of any property or land unless such building or use conforms to all other laws of the Town of Cobleskill.
[Amended 1-8-1990 by L.L. No. 1-1990]
§ 140-19 Zoning permits and certificate of occupancy.
A.
Zoning permits.
(1)
Requirement. It shall be unlawful to commence the excavation for or the construction of any building or structure, including accessory buildings, or to commence the moving or change of use or demolition of any building or structure, including accessory buildings, until the Zoning Enforcement Officer has issued a permit for such work.
(2)
Issuance. In applying to the Zoning Enforcement Officer for a zoning permit, the applicant shall submit a dimensioned sketch or plan to scale indicating the shape, size, height, and location in exact relation to all property lines and to street or road lines of all buildings or structures to be erected, changed in use or moved, and of any building or structure already on the lot. This sketch shall be accompanied by a written statement to the effect that the line of the bounding street or road has been accurately located and staked on the ground. The applicant shall also state the existing or intended use of all such buildings and supply other information as may be required by the Zoning Enforcement Officer to insure that the provisions of this chapter are being observed. If the proposed excavations, or construction, or changes of use or moving as set forth in the application is in conformity with the provisions of this chapter, and other laws of the Town of Cobleskill then enforced, the Zoning Enforcement Officer shall issue a permit for such excavation, construction, change of use or moving.
(3)
Refusal. If a zoning permit is refused, the Zoning Enforcement Officer shall state such refusal in writing, with the cause, and shall immediately mail notice of such refusal to the applicant at the address indicated on the application.
(4)
Fees. Zoning permit fees and fees to be charged for building permits of both noncommercial construction and commercial construction shall be reviewed, adjusted and/or established by resolution of Town Board on an annual basis at their organization meeting, or as otherwise determined by the Town Board.
[Amended 8-9-1999 by L.L. No. 1-1999]
(5)
Effect. The issuance of a permit shall in no case be construed as waiving any provision of this chapter.
(6)
Term. A zoning permit shall become void six months from the date of issuance unless substantial progress has been made since that date on the project described therein. The zoning permit may be renewed for an additional six months upon application without the payment of an additional fee.
(7)
Flood hazards. If a proposed building site is in a location that has a flood hazard, any proposed new construction or substantial improvement (including prefabricated and mobile homes) must:
(a)
Be designed (or modified) and anchored to prevent flotation, collapse, or lateral movement of the structure.
(b)
Use construction materials and utility equipment that are resistant to flood damage.
(c)
Use construction methods and practices that will minimize flood damage.
(8)
Temporary permits. (See Nonconforming uses, § 140-16.)
B.
Certificate of occupancy.
(1)
Requirement. No land or building or other structure or part thereof hereafter erected or changed in use of structure shall be used or occupied until the Zoning Enforcement Officer shall have issued a certificate of occupancy stating that such land, building, structure or part thereof, and the proposed occupancy or use thereof are found to be in conformity with the provisions of this chapter.
(2)
Issuance. Within five days after notification that a building or structure or premises or part thereof is ready for occupancy or use, it shall be the duty of the Zoning Enforcement Officer to make a final inspection thereof and issue a certificate of occupancy if the land, building, structure, or part thereof is found to conform with the provisions of this chapter.
(3)
Refusal. If the Zoning Enforcement Officer after such final inspection refuses to issue a certificate of occupancy, he shall state such refusal in writing, with the cause, and immediately thereupon mail notice of such refusal to the applicant at the address indicated on the application.
C.
Health department requirements. No building permit or certificate of occupancy issued under the provisions of this chapter shall become or remain valid unless the holder thereof has complied with the applicable rules and regulations of the county and/or State of New York.
§ 140-20 Planning Board.
[Added 2-8-1993 by L.L. No. 2-1993]
A.
Creation, duties and powers.
(1)
Creation. A Planning Board for the Town shall be established in accordance with § 271 of the Town Law.
(2)
Composition. The Planning Board shall consist of five members.
[Amended 2-10-2014 by L.L. No. 1-2014]
(3)
Appointment. The Town Board shall appoint the members of the Planning Board and shall designate its Chairman. No person who is a member of the Town Board shall be eligible for membership on such Planning Board. All members of the existing Planning Board shall be appointed for the term of five years from and after the expiration of the term of their predecessors in office.
[Amended 10-3-2011 by L.L. No. 2-2011; 2-10-2014 by L.L. No. 1-2014]
(4)
Removal. The Town Board shall have the power to remove any member of the Board for cause after public hearing.
(5)
Vacancies. Vacancies shall be filled by Town Board. If vacancies shall occur otherwise than by the expiration of term, it shall be filled by appointment for unexpired term.
(6)
Compensation. The Town Board may provide for compensation to be paid to Board members, experts, clerks, a secretary and for other expenses as may be necessary and proper.
(7)
Powers. The Planning Board shall have the following powers: Conduct site development plan reviews, issue special permits, conduct SEQR reviews, oversee Town subdivision regulations, report on specific referrals and interpretations to the Town Board and Zoning Enforcement Officer and such other power as conferred by Town Law.
(8)
The Planning Board shall keep minutes of their meetings and decisions and, where applicable, the justification for its decisions.
§ 140-21 Creation of Board of Appeals; procedures.
A.
Board of Appeals — creation, powers, duties.
(1)
Creation, composition and appointment.
(a)
Creation. A Board of Appeals is hereby established in accordance with § 267 of the Town Law.
(b)
Composition. The Board of Appeals shall consist of five members.
[Amended 10-3-2011 by L.L. No. 2-2011]
(c)
Appointment. The Town Board shall appoint the members of the Board of Appeals and shall designate its Chairman. No person who is a member of the Town Board shall be eligible for membership on such Board of Appeals. Of the members of the Board first appointed, one shall hold office for a term of one year, one for a term of two years, one for the term of three years, one for the term of four years, and one for the term of five years from and after his appointment; provided, however, that such Town Board may by resolution increase the number of members of the Board to seven and thereafter such additional members shall be first appointed for terms of two and four years respectively. Their successors, including such additional members as may be appointed by the Town Board, shall be appointed for the term of five years from and after the expiration of the term of their predecessors in office.
(d)
Removal. The Town Board shall have the power to remove any member of the Board for cause after public hearing.
(e)
Vacancies. Vacancies shall be filled by Town Board. If vacancies shall occur otherwise than by the expiration of term, it shall be filled by appointment for the unexpired term.
(f)
Compensation. The Town Board may provide for compensation to be paid to Board members, experts, clerks, a secretary and for other such expenses as may be necessary and proper.
B.
General procedures.
(1)
Meetings. All meetings of the Board of Appeals shall be held at the call of the Chairman and at such other times as such Board may determine. All meetings of such Board shall be open to the public.
(2)
Oaths. The Chairman, or in his absence, the acting Chairman, may administer oath and compel the attendance of witnesses.
(3)
Minutes. The Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon every question, or, if absent or failing to vote, indicating such fact, and shall also keep records of its examination and other official actions. Every rule, regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Board shall immediately be filed in the office of the Town Clerk and shall be a public record.
(4)
Powers. The Board of Appeals shall have the following powers:
(a)
Administrative review. To hear and decide appeals from and review any order, requirement, decision or determination made by the Zoning Enforcement Officer or other administrative officer in carrying out or enforcing of any provision of this chapter. The concurring vote of a majority of the Board shall be necessary to reverse any order, requirement, decision or determination of any order, requirement, decision or determination of such administrative official, or to decide in favor of the applicant any matter upon which it is required to pass under any such law.
(b)
Special exceptions. To hear and decide applications for special exceptions as specified in this chapter and to authorize the issuance of special permits as specifically provided herein. A majority vote of all members of the Board of Appeals shall be necessary to grant a special exception.
(c)
Variance. To hear applications for variance from the terms of this chapter as will not be contrary to public interest where owing to unique conditions as literal enforcement of the provisions of this chapter will result in unnecessary hardship, while adhering the spirit of this chapter and doing substantial justice. Financial disadvantage to the property owner is no proof of hardship within the purpose of zoning. Hardship must be unique and must arise from either a natural or man-made conditions of the land upon which a use not in conformance with the literal terms of this chapter is proposed.
[1]
Specifically, no variance shall be granted by the Board of Appeals unless it finds:
[a]
That the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of the land or building for which such variance is sought, that the granting of the variance is necessary for the reasonable use of such property, and that the variance granted by the Board is the minimum variance that will accomplish this purpose;
[b]
That there are special circumstances or conditions applying to the land or building for which the variance is sought, which circumstances or conditions are peculiar to such land or building and do not apply generally to land or buildings in the vicinity or neighborhood, and have not resulted from any act of the applicant subsequent to the adoption of this chapter; and
[c]
That the granting of the variance will be in harmony with the general purposes of this chapter, will not be injurious to the neighborhood, and will not alter the essential character of the locality. In granting a variance, the Board of Appeals may prescribe appropriate conditions or safeguards that are necessary or desirable to carry out the requirements of this subsection.
[2]
A majority decision of all members of the Board of Appeals shall be necessary to grant a variance.
C.
Special procedures relative to appeal for administration review or variance.
(1)
Who may appeal. An appeal to the Board of Appeals for administrative review or variance may be taken by any person, firm or corporation aggrieved, or by any governmental officer, department, board or bureau affected by any decision of the Zoning Enforcement Officer or Planning Board based in whole or part upon the provisions of this chapter. Such appeal shall be taken by filing with the Board of Appeals a notice of appeal specifying the grounds thereof. The Zoning Enforcement Officer or Planning Board shall forthwith transmit all papers constituting the record upon which the action appealed from was taken to the Board of Appeals.
[Amended 2-8-1993 by L.L. No. 2-1993]
(2)
Time of appeal. Said notice of appeal shall be filed within 60 days from the date upon which the notice of refusal of building permit or refusal of certificate of occupancy is mailed by the Zoning Enforcement Officer; and failure to file notice of appeal within 60 days shall constitute a waiver of the right to appeal.
(3)
Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Enforcement Officer from whom the appeal is taken certifies to the Board of Appeals after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or by a court of record on application, on notice to the Zoning Enforcement Officer and on due cause shown.
(4)
Hearing, notice, public notice, notice to property owner and costs.
(a)
Hearing. The Board of Appeals shall fix a reasonable time for the hearing of any application for variance or the hearing of an appeal for administrative review.
(b)
Notice. The Board of Appeals shall give public notice of any application for a variance or for the hearing of appeal for administrative review by the publication in the official paper or a notice of such hearing at least five days prior to the date thereof, and shall, at least five days before such hearing, mail notices thereof to the parties, and to the Regional State Park Commission having jurisdiction over any state park or parkways within 500 feet of the property affected by such appeal and shall decide the same within a reasonable time.
D.
Special exceptions. Public notice of application for special exceptions. The Board of Appeals shall fix a reasonable time for the hearing of any application for a special exception. It shall give public notice thereof by three insertions in the official paper, the first of which shall be published 10 days prior to the date fixed for the hearing. Notice of such an application for a special exception shall also be given by registered or certified mail at least 10 days prior to the date of hearing to all persons, firms or corporations owning property or resident within 200 feet of the location of the property upon which the use is proposed to be established, and to the Regional State Park Commission having jurisdiction over any state park or parkways within 500 feet of the location of the property upon which the use is proposed to be established. Upon the hearing, any party may appear in person or by agent, or by attorney, and the Board of Appeals shall decide the application for special exception within a reasonable time. All costs of publication, notice, stenographic services, hearing room rental and all other costs and disbursements shall be paid by the applicant and such costs and disbursements shall be estimated and deposited with the Town Clerk upon the filing of application.
E.
Provisions of appeal. If the variance is granted or the issuance of a permit is finally approved, or other action by the appellant or applicant is authorized, the necessary permits shall be subject to the terms of § 140-19. Should the appellant or applicant fail to comply with these provisions, it shall be conclusively presumed that the appellant or applicant has waived, withdrawn and abandoned his appeal or his application, and such permissions, variances and permits to him granted shall be deemed automatically rescinded by the Board of Appeals.
F.
Scope.
(1)
In exercising the above-mentioned powers, such Board of Appeals may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirements, decision or determination appealed from, and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end shall have all the powers of the officer from whom the appeal is taken. Notice of such decision shall be given forthwith to all parties in interest.
(2)
Nothing herein shall be interpreted to restrict the Zoning Board of Appeals' power to grant a use variance for any use permitted by this entire Zoning Chapter as permitted by New York State Town Law.
[Amended 10-12-1993 by L.L. No. 7-1993]
G.
Recourse.
(1)
Any person or persons jointly or severally aggrieved by any decision of the Board of Appeals or any officer, department, board or bureau of the Town may apply to the Supreme Court for relief by a proceeding under Article 78 of the Civil Practice Act, except that:
(a)
It must be instituted as therein provided within 30 days after filing a decision in the office of the Town Clerk.
(b)
The court may take evidence or appoint a referee to take such evidence as it may direct and report the same with his finding of fact, and conclusions of law, it shall appear that testimony is necessary for the proper disposition of the matter.
(c)
The court at special term shall itself dispose of the cause or the merits, determining questions which may be presented for determination under the provision of Section 1296 of such article.
(2)
Costs shall not be allowed against the Board unless it shall appear to the court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from.
§ 140-22 Remedies.
In case any building or structure is erected, constructed, reconstructed, changed in use, converted, or maintained; or any building, structure or land is used in violation of this chapter, the proper local authorities of the Town, in addition to other remedies, may institute any appropriate actions or proceedings to prevent such unlawful erection, construction, reconstruction, change in use, conversion, maintenance, 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.
§ 140-23 Penalties.
A.
Any person, firm or corporation who violates, disobeys, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this chapter shall be guilty of an offense subject to a fine of not more than $250 or imprisonment for a period of not more than six months (180 days), or both so fined and imprisoned, for each offense.
B.
Each week a violation is continued shall be deemed a separate offense.