Conesus Town City Zoning Code
ARTICLE III
Administration and Enforcement
§ 155-12 Code Enforcement Officer.
The primary responsibility for enforcement and administration of this chapter is vested with the Town Code Enforcement Officer or designee. The Town Code Enforcement Officer or designee shall be appointed by the Town Board for a term of one year and at a compensation to be fixed by the Board. He shall not be removed from office except for cause upon hearing of charge before the Town Board. In furtherance of such authority, the Town Code Enforcement Officer or designee shall:
A.
Issue all building certificates and make and maintain records thereof.
B.
Issue all certificates of occupancy and make and maintain records thereof.
C.
Conduct continual inspections of buildings, structures, and uses of land to insure compliance of this chapter.
D.
Forward to the Town Planning Board and Board of Zoning Appeals applications for amendments to this chapter, applications for conditional uses, applications for variances or other matters on which these Boards are required to pass.
§ 155-13 Building permits.
A.
All applications for building permits shall be made to the Town Code Enforcement Officer or designee. The permit will be valid for one year from date of issuance.
B.
No building structure shall be erected, demolished, or moved to other premises or structurally altered until a permit therefor has been approved by the Code Enforcement Officer or designee. This permit shall be accompanied by a completed and approved highway request form. Accompanying each application for a building permit to be filed in the office of the Code Enforcement Officer or designee, there shall be a plan showing the dimensions of the proposed structure, its location on the lot upon which the structural alterations are to be made, and such other information as may be necessary to determine compliance with, and provide for, the enforcement of this chapter.
C.
A mobile home may be allowed on a single-family building site during building construction, provided that the following conditions are met: The applicant must hold an approved zoning and building permit to temporarily place a mobile home on the building site during construction of the single-family dwelling, provided that the mobile home has a valid HUD sticker, meets county health requirements governing sewage and water, meets all local zoning and building codes, and is removed within 30 days of the issuance of the certificate of occupancy or expiration of the building permit for the single-family dwelling, whichever comes first. In no case will the mobile home be allowed on the premises for more than three years from the date of issuance of the original single-family dwelling building permit.
D.
Notwithstanding the foregoing provisions, no building permit shall be required for small agricultural structures of 400 square feet ground area or less when located on a farm. This exception, however, does not apply to garages.
E.
Every application for a building permit shall be accompanied by a fee and shall be paid to the Town Code Enforcement Officer or designee. The standard Schedule of Fees shall be established by a resolution of the Town Board.[1] No fee shall be less than $1.
[1]
Editor's Note: See Ch. 82, Fees.
§ 155-14 Occupancy permits.
A.
All applications for an occupancy permit shall be made to the Town Code Enforcement Officer or designee. Every application for a certificate of occupancy shall state the use for which the premises are intended.
B.
No land shall be occupied or used, nor shall the use of land be changed, and no building erected, altered or extended shall be used or changed in use until a certificate of occupancy shall have been issued by the Code Enforcement Officer or designee stating that the building and proposed use thereof, or the use or changed use of lands, complies with the provisions of this chapter. It shall be the duty of the Code Enforcement Officer or designee to issue or deny such a certificate of occupancy within 10 days after written application therefor has been filed in the office of the Code Enforcement Officer or designee.
§ 155-15 Appeals.
A.
Any person aggrieved by the granting or the refusal of any permit or by any order, decision, or determination of the Town Code Enforcement Officer or designee or other administrative official charged with the enforcement of this chapter may appeal to the Board of Appeals within 60 days of the filing of any determination of the administrative official. Notice of this appeal shall be made in writing on forms provided in the Town Clerk's office and shall be filed with the Town Clerk, who will forward the notice to the Board of Appeals. Notice will also be served upon the official from whose order or decision the appeal is taken. Such notice of appeal shall specify the order, ruling decision, or determination from which the appeal is taken. Such appeal shall be taken, held, and determined in accordance with the provisions of the Town Law and the rules of the Board of Appeals. A fee as set forth in the Schedule of Fees shall be paid to the Town Clerk at the time of the filing of this appeal.[1]
[1]
Editor's Note: See Ch. 82, Fees.
B.
Appeals for the granting of a variance or the modification of any of the provisions of this chapter shall be filed with the Town Code Enforcement Officer or designee on forms provided. Such appeals shall be accompanied with sufficient documents, plans, maps, and information for proper review by the Board of Appeals. Appeals for the granting of a variance or modification for any of the provisions of this chapter shall be referred to the Town Planning Board for review and comment and to the Board of Appeals prior to action by the Board of Appeals. The Town Planning Board must report on such referrals within 30 days of receipt. Failure to do so constitutes an affirmative response.
§ 155-16 Amendments.
A.
The Town Board may from time to time on its own motion or petition of any interested person or organization, or on recommendation from the Planning Board, amend, supplement, change, modify, or repeal this chapter pursuant to the Town Law applicable thereto. Every such proposed amendment is referred to the Town Planning Board for a report prior to the public hearing thereon. The Town Planning Board must report back within 30 days of the receipt of such referral. Failure to do so constitutes an affirmative response.
B.
An application for an amendment shall be filed with the Town Code Enforcement Officer or designee on forms provided, and accompanied by such information necessary to properly evaluate the application.
C.
Such application shall be forwarded to the Town Planning Board for review and comment, and also forwarded to the Town Board.
D.
A fee as set forth in the Schedule of Fees shall be paid to the Town Code Enforcement Officer or designee when filing an application for an amendment.
§ 155-17 Conditional use permits.
A.
Categories of use; application and approval procedure.
(1)
The development and execution of this chapter is based upon the division of the Town into districts within which districts the use of land and buildings are substantially uniform. It is recognized, however, that there are certain uses which because of their unique characteristics cannot be properly classified in any particular district or districts without consideration of the impact of such uses on neighboring land and the particular use and location. Such conditional uses fall into two categories:
(a)
Uses publicly operated or traditionally affected with the public interest.
(b)
Uses entirely private in character, but unusual in the nature that their operation may give rise to unique problems with respect to their impact on neighboring property or public facilities.
(2)
An application for any of the conditional uses permitted in Article VIII will be filed in the Town Clerk's office. A fee as set forth in the Schedule of Fees shall be paid to the Town Clerk at the time of filing.[1] Such application shall be made on forms provided or shall consist of sufficient information to properly identify the property, the proposed use, and impact of the use on the adjacent areas. The Town Clerk will forward the application to the Board. The Town Planning Board will make a review and recommendation to the Board of Appeals within 45 days of the filing of such application. The Board of Appeals shall review conditional use applications in accordance with the procedure set forth in Town Law § 274-b.
[1]
Editor's Note: See Ch. 82, Fees.
(3)
If the special permit is granted, the decision of the Board shall direct the Code Enforcement Officer or designee to issue a building permit or certificate of occupancy as may be appropriate in conformity with the decision, upon payment of the required fee.
(4)
The decision of the Board of Appeals should be accompanied by a reason for making the decision.
B.
Standards. The following findings shall be used as guidelines in acting upon conditional use applications:
(1)
That the establishment, maintenance, or operation of the proposed conditional use will not be detrimental to or dangerous to the public health, safety, morals, comfort, or general welfare.
(2)
That the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity.
(3)
That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property.
(4)
That adequate utilities, access roads, drainage, or necessary facilities have been or will be provided.
(5)
That adequate measures have been or will be taken to provide safe ingress and egress so as to minimize traffic congestion on public streets.
(6)
That the conditional use shall also conform to other applicable regulations and other conditions as set forth by the Board of Appeals.
§ 155-18 Variances.
The Board of Appeals is authorized, upon appeal in specific cases, to issue use variances and area variances, as defined in § 267 of the Town Law, subject to the requirements set forth in § 267-b of the Town Law.
§ 155-19 Duration of conditional use permits and variances.
A.
After a conditional use permit or variance has been granted and the decision of the Board of Appeals has been duly filed, the applicant shall be entitled to a building permit or certificate of occupancy, as may be appropriate, provided that application is made within one year from the date when the decision by the Board or by court review becomes final. If such application is not made within the time limit, such special permit or variance shall become null and void and of no effect, and thereafter no building permit or certificate of occupancy shall be issued to the applicant pursuant to such special permit or variance.
B.
After a building permit or certificate of occupancy has been issued, the same shall become null and void unless work is commenced within one year from the date of issue of the permit, and no further permit of any kind shall be issued pursuant to the original grant of authority by the Zoning Board of Appeals.
C.
The Board of Appeals, for cause shown, upon written application made prior to the expiration of the time limit may extend the time within which a building permit or certificate of occupancy may be issued or within which work may be commenced.
D.
Failure to comply with any terms or conditions upon which a conditional use permit is granted may result in the revocation of such permit by the Board of Appeals. However, such revocation shall not be made without prior notification; the holder of the conditional use permit may within 30 days of the receipt of such notification request a hearing on such matter.
§ 155-20 Penalties for offenses.
A.
A violation of this chapter is hereby declared to be an offense, punishable by a fine not less than $500 or imprisonment for a period not to exceed six months, or revocation of conditional use permit or variance or all for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of one year, punishable by a fine not less than $1,000 or imprisonment for a period not to exceed six months and mandatory revocation of conditional use permit or variance or all for conviction, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.
B.
Wherein a violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints must be in writing and shall be filed with the Code Enforcement Officer or designee who shall properly record such complaint and immediately investigate and report thereon.