Copake Town City Zoning Code
ARTICLE X
Zoning Board of Appeals
§ 232-22 Zoning Board of Appeals.
A.
Purpose and authority. A Zoning Board of Appeals is established in accordance with § 267 of the NYS Town Law. The Zoning Board of Appeals shall have all of the authority, jurisdiction and duties granted to such Boards by NYS Town Law §§ 267, 267-a, 267-b and any other applicable state law, and as provided in this chapter, and shall also have the authority to issue special use permits, in accordance with NYS Town Law § 274-b and this chapter.
B.
Membership.
(1)
The Board shall consist of five members appointed by the Town Board for staggered terms of five calendar years.
(2)
All members and alternate members of the Zoning Board of Appeals shall be residents of the Town of Copake. No person who is a member of the Town Board shall be eligible for membership on the Zoning Board of Appeals.
(3)
The Town Board shall appoint at least one person, but not more than two persons, as an alternate member of the Zoning Board of Appeals for a term of five calendar years. The term of the first-appointed alternate member serving at the time of adoption of this provision shall end on December 31, 2020, and the subsequent terms shall end on December 31 of the ensuing five-year periods. The term of any additional alternate member shall be staggered to as to terminate on December 31 of successive years. Appointments to fill vacancies shall be for the remainder of the term of the position to be filled. All provisions of this Zoning Law relating to Zoning Board member training and continuing education, attendance, conflict of interest, compensation, eligibility, vacancy in office, removal, and service on other boards shall also apply to alternate members. Notwithstanding any limitation contained in NYS Town Law § 267 or elsewhere, the chairperson of the Zoning Board of Appeals shall be authorized to designate an alternate member so appointed to participate in any meeting, vote, action, or proceeding of the Board in place of a member who is unable to participate due to a conflict of interest or absence, provided that such alternate shall have been in attendance for any public hearing in relation to the matter at issue or otherwise familiarized himself or herself with the relevant record prior to casting a vote in the determination or disposition of a matter. The designation of the alternate member shall be entered into the minutes of the initial Zoning Board of Appeals meeting at which the substitution is made. At all other times, an alternate member may participate in discussions of the proceedings, but may not vote.
(4)
Terms of members now in office. Members now holding office shall continue in their positions for the duration of their respective terms, as previously appointed.
C.
Training and attendance requirements.
(1)
Each member of the Zoning Board of Appeals and each alternate member shall complete, at a minimum, four hours of training each year, in accordance with § 267 of the NYS Town Law.
(2)
To be eligible for reappointment to the Board, a member or alternate member shall have completed the required training.
(3)
No decision of the Zoning Board of Appeals shall be voided or declared invalid because of a failure to comply with this training requirement.
D.
Vacancy in office. If a vacancy shall occur otherwise than by expiration of term, the Town Board shall appoint a new member for the unexpired term.
E.
Chairperson. The Town Board shall designate one of the Zoning Board of Appeals members as chairperson to preside at all meetings and hearings and to fulfill the authorized duties of that office. The Chairperson shall annually appoint one of the Zoning Board of Appeals members as Vice Chairperson. In the absence of the Chairperson, the Vice Chairperson shall act as Chairperson and shall have all the powers of the Chairperson. The Vice Chairperson shall have such other powers and duties as may be provided by the rules of the Board. All meetings of the Zoning Board of Appeals shall be held at the call of the Chairperson and at such other times as the Board may determine. The Chairperson, or in his or her absence, the Acting Chairperson, may administer oaths to applicants, witnesses, or others appearing before the board and may compel the attendance of witnesses.
F.
Board of Appeals procedure.
(1)
The procedures of the Zoning Board of Appeals shall be in accordance with §§ 267-a and 274-b as applicable to special use permits, of Article 16 of the New York State Town Law, and as follows.
(2)
Filing requirements. Every rule, regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Zoning Board of Appeals shall be filed in the office of the Town Clerk within five business days and shall be a public record.
(3)
Assistance to Zoning Board of Appeals. The Board shall have the authority to call upon any department, agency or employee of the Town for such assistance as the Board deems necessary.
(4)
For the purposes of this chapter and the provisions of Article 16 of the New York State Town Law, the administrative official charged with enforcement shall include the Zoning Enforcement Officer, the Building Inspector and/or the Code Enforcement Officer as applicable pursuant to the provisions of this chapter and those officers shall be referred to collectively in this section of the chapter as "enforcement officer."
(5)
Where a proposed special use, site plan, or subdivision application contains one or more features which do not comply with the zoning regulations, application may be made to the Zoning Board of Appeals for an area variance without the necessity of a decision or determination by the enforcement officer.
(6)
The term "appeal" includes application for a variance.
(7)
Filing of administrative decision and time of appeal.
(a)
Each order, requirement, decision, interpretation or determination of the enforcement officer charged with the enforcement of the Town of Copake Zoning Law shall be filed, in accordance with NYS Town Law § 267-a, within five business days from the day it is rendered, and shall be a public record.
(b)
All appeals must be taken within 60 days after the filing of any order, requirement, decision, interpretation or determination of the Enforcement Officer by filing with the Enforcement Officer and with the Zoning Board of Appeals a notice of appeal. The notice of appeal shall state or include the following:
[1]
A copy of the order, requirement, decision, interpretation or determination being appealed;
[2]
Identification of the specific section of the Zoning Law or other code or law involved;
[3]
Description of either the interpretation claimed by the applicant or the variance or other relief that is sought;
[4]
A statement of the grounds upon which it is claimed the relief should be granted;
[5]
A short or full environmental assessment form as required by the State Environmental Quality Review Act (SEQRA);
[6]
An agricultural data statement if required by Article 25-aa of the New York State Agriculture and Markets Law;
[7]
Other documents relevant to the appeal specified by the Zoning Board of Appeals.
(c)
The appellant shall also be required to pay a filing fee at the time of the filing of the appeal in an amount to be established by the Town Board.
(d)
Upon receiving a notice of appeal, the Enforcement Officer shall transmit to the Zoning Board of Appeals all papers constituting the record upon which the action appealed from was taken.
(8)
Public hearing. The Zoning Board of Appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it and shall provide notice as follows:
(a)
The Zoning Board of Appeals shall give public notice of such public hearing by publication in a paper of general circulation in the Town at least five days prior to the date thereof.
(b)
The Zoning Board of Appeals shall mail notice of the hearing to the appellant or applicant and other parties at least five days before the public hearing.
(c)
The Zoning Board of Appeals shall, at the applicant's expense, send or cause to be sent notice of the public hearing to abutting property owners, the owners of property within 500 feet of the property which is the subject of the appeal, and those agricultural operators identified on the agriculture data statement, by certified mail, return receipt to the Town of Copake Zoning Board of Appeals, at least seven days prior to the public hearing. The names and addresses of the property owners to be notified in accordance with the foregoing shall be taken from the last completed tax roll of the Town.
(d)
When required by, and in accordance with, § 267-a of the NYS Town Law and § 239-m of the NYS General Municipal Law, the Zoning Board of Appeals shall provide notice of the public hearing, accompanied by a full statement of the proposed action, to the Columbia County Planning Board by mailing such notice to the County Planning Board at least five days before such hearing.
(e)
When required by, and in accordance with, § 267-a of the NYS Town Law, the Zoning Board of Appeals shall also provide notice of the public hearing to the regional state park commission having jurisdiction over any state park or parkway within 500 feet of the property affected by such appeal by mailing such notice to such commission at least five days before such hearing.
(f)
The cost of sending or publishing any notices relating to such appeal, or a reasonable fee relating thereto, shall be borne by the appealing party and shall be paid to the Board prior to the hearing of such appeal.
(g)
Provided that there has been substantial compliance with this provision, failure to give notice in strict conformance herewith shall not invalidate an action taken by the Zoning Board of Appeals in either granting or denying a variance from a specific provision of this Zoning Law.
(h)
The public hearing shall not be closed until after either a negative declaration has been issued, or a draft environmental impact study (DEIS) has been accepted, pursuant to SEQRA.
(9)
Referral to the Town of Copake Planning Board. The Zoning Board of Appeals shall transmit to the Town of Copake Planning Board a copy of the appeal or application, and shall request that the Planning Board submit to the Board of Appeals its advisory opinion on said appeal or application. The Planning Board shall submit a report of such advisory opinion prior to the date of the public hearing. The failure of the Planning Board to submit such report within 35 days from the date the Zoning Board of Appeals transmitted their request for an advisory opinion with a copy of the appeal or application to the Planning Board shall be interpreted as a favorable opinion for the appeal or application.
G.
Decision. The Board of Appeals shall decide upon the appeal within 62 days after the hearing is completed. The time within which the Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Board. When a matter is subject to County Planning Board review pursuant to § 239-m of the NYS General Municipal Law, the Zoning Board shall not render a decision or take final action except in compliance with the time periods and voting requirements set forth therein.
(1)
Filing of decision and notice. The decision of the Board of Appeals on the appeal shall be filed in the office of the Town Clerk within five business days after the day such decision is rendered, and a copy thereof mailed to the applicant.
(2)
When an appeal or matter has been subject to County Planning Board review, the Zoning Board of Appeals shall, within 30 days of taking final action, file a report of the decision or action with the County Planning Board, in accordance with § 239-m of the NYS General Municipal Law.
(3)
Expiration and termination of variance. An area variance shall expire and become void 10 years after approval unless the applicant shall have commenced and substantially proceeded with the use. A use variance shall expire and become void one year after approval unless the applicant shall have commenced and substantially proceeded with the use. In either event, the Zoning Board of Appeals may, upon written request of the applicant submitted at least 60 days prior to such expiration, extend this period one time for a period of no more than six months.
H.
Any amendment, modification, or revision to an approved variance sought by an applicant shall be subject to all statutory requirements applicable to a new application and to all procedural requirements as set out in this chapter applicable to a new application. The reviewing board may, however, at its discretion, take account of materials and information previously submitted with the original application and modify the submission requirements for the requested amendment, modification, or revision accordingly.
§ 232-23 Special use permits.
A.
Authorization to grant or deny special uses. The Town Board authorizes the Zoning Board of Appeals to grant or deny special uses in accordance with § 274-b of the New York Town Law and the provisions set forth in this section. No land or structure may be used or constructed for any use requiring a special use permit pursuant to this chapter, and no use subject to a special use permit under this chapter may be permitted, enlarged or altered, unless approved by the Zoning Board of Appeals.
B.
Application for special use.
(1)
Sketch plan. At the option of the applicant, a sketch plan conference may be held between the Zoning Board of Appeals and the applicant prior to the preparation and submission of a formal application for a special use permit. The intent of such a conference is to enable the applicant to inform the Zoning Board of the proposal prior to the preparation of a detailed application and for the Zoning Board to review the basic proposal, advise the applicant as to potential problems and concerns and to generally determine the information to be required on the permit application. In order to accomplish these objectives, the applicant should provide seven copies of the following, submitted in writing to the Zoning Board of Appeals at least 10 days prior to the date of the next regular meeting of the Zoning Board of Appeals, accompanied by a request to be placed on the meeting agenda for a sketch conference:
(a)
A description of the nature and intensity of the use;
(b)
An area map showing the parcel under consideration for a special use permit;
(c)
A statement and rough sketch showing the locations and dimensions of principal and accessory structures, parking areas, access, signs, existing and proposed vegetation, and other planned features; general anticipated changes in the existing topography and natural features; and, where applicable, measures and features to comply with wetland, stream, flood hazard and flood insurance regulations, if needed;
(d)
A sketch map showing locations of natural features such as wetlands, streams, or lakes;
(e)
A statement indicating which zoning district the project is proposed to be located in and whether that location is within the New York Agricultural District; and
(f)
A sketch or map of the area which clearly shows the location of the site with respect to nearby streets, rights-of-way, properties, easements and other pertinent features.
(2)
Subsequent to the sketch conference, if one is held, or prior to the meeting at which the application is to be presented, seven copies of the application accompanied by the following shall be delivered to the Zoning Board of Appeals at least 10 days prior to the date of the next regular meeting of the Zoning Board of Appeals.
(a)
The information and materials specified above for a sketch conference;
(b)
An agricultural data statement, if required;
(c)
Environmental assessment form;
(d)
A topographic or contour map of adequate scale and detail to show site topography. The Zoning Board of Appeals shall have the discretion to waive the provision of a topographical map in the event that the applicant shall show that the contour of the subject matter parcel(s) does not impact in the project in any manner;
(e)
Other materials or information, relevant or necessary for the consideration of the permit as directed by the Zoning Board.
(3)
Where site plan approval also required. Where site plan approval is also required, the site plan review process may, at the option of the applicant, be conducted concurrently with the special use permitting process.
(4)
Waiver request. The Zoning Board of Appeals may find that some requirements of this subdivision are not requisite in the interest of the public health, safety or general welfare or are inappropriate to a particular special use. Waivers shall be explicitly requested by the applicant in writing, and expressly granted only by the Zoning Board of Appeals. The Zoning Board of Appeals may waive any submission requirements for the approval or disapproval of special use permits provided such a waiver does not prevent or circumvent the purposes and intent of this chapter or the Comprehensive Plan. The Zoning Board of Appeals may, in granting waivers, incorporate such reasonable conditions as will in its judgment substantially secure the objectives of the requirements so waived. The Zoning Board of Appeals must state, in writing, its grounds for electing to conduct less intensive review and file such statement along with the special use permit application and supporting documents. Requirements of this law may not be waived except upon a concurring vote of a majority of the fully constituted Zoning Board of Appeals.
C.
Procedures.
(1)
The Zoning Board of Appeals shall, upon a determination by the Board that an application is complete, commence the review process. If, after 45 days have elapsed subsequent to the filing of the special use permit application, the Zoning Board of Appeals determines that the application remains incomplete, the Zoning Board may reject the application as incomplete and return the application to the applicant, without prejudice, with a letter identifying and describing the application deficiencies.
(2)
Public hearing required. Within 62 days of receipt of a complete application, the Zoning Board of Appeals shall hold a public hearing and provide notice as follows.
(a)
Public notice of said hearing shall be printed in a newspaper of general circulation in the Town at least five days prior to the date thereof.
(b)
The Zoning Board of Appeals shall mail notice of the hearing to the applicant at least 10 days before such hearing.
(c)
The Zoning Board of Appeals shall, at the applicant's expense, send or cause to be sent notice of the public hearing to abutting property owners and those agricultural operators identified on the agriculture data statement, by certified mail, return receipt to the Town of Copake Zoning Board of Appeals, at least seven days prior to the public hearing. The names and addresses of the property owners to be notified in accordance with the foregoing shall be taken from the last completed tax roll of the Town.
(d)
When required by, and in accordance with, § 267-a of the NYS Town Law and § 239-m of the NYS General Municipal Law, the Zoning Board of Appeals shall provide notice of the public hearing, accompanied by a full statement of the proposed action, to the Columbia County Planning Board by mailing such notice to the County Planning Board at least 10 days before such hearing.
(e)
The cost of sending or publishing any notices relating to such application, or a reasonable fee relating thereto, shall be borne by the applicant and shall be paid to the Board prior to the hearing of such application.
(f)
Provided that there has been substantial compliance with this provision, failure to give notice in strict conformance herewith shall not invalidate an action taken by the Zoning Board of Appeals.
(g)
The public hearing shall not be closed until after either a negative declaration has been issued, or a draft environmental impact study (DEIS) has been accepted, pursuant to SEQRA:
D.
Approval and conditions.
(1)
Prior to approving an application for a special use permit, the Zoning Board of Appeals shall determine that the proposed special use, as submitted or modified, with conditions, will conform to the character of the neighborhood within which it is located, will have no more adverse effects on health, safety, or welfare of persons living or working in the neighborhood and shall be no more injurious to property or improvements in the neighborhood than would any other use generally permitted in the same district, and conforms to the objectives enumerated below.
(2)
In approving any special use permit, the Zoning Board of Appeals may impose such reasonable standards, conditions, or requirements as it determines to be necessary in order to protect the public interest and welfare and to be consistent with the Town of Copake Comprehensive Plan. The Zoning Board of Appeals may prescribe appropriate conditions and safeguards to ensure accomplishment of the following objectives:
(a)
Compatibility of the proposed use with surrounding properties, and with the natural and built environment in the area;
(b)
Adequacy of parking for the proposed use and use of shared parking where feasible;
(c)
Accessibility to fire, police, and emergency vehicles;
(d)
Suitability of the property for the proposed use considering its size, topography, vegetation, soils, and hydrology and, if appropriate, its ability to be buffered or screened from neighboring properties and public roads;
(e)
The proposed use shall protect natural environmental features to the extent reasonably feasible and shall not generate excess noise, dust, odors, release of harmful substances, solid waste disposal, glare, or any other nuisances;
(f)
Vehicular traffic access and circulation, including intersections, road widths, drainage channelization structures and traffic controls shall be adequate to serve the special use and not negatively impact the overall traffic circulation system of the neighborhood and the Town;
(g)
Pedestrian traffic access and circulation will be provided in a safe and effective manner;
(h)
Location, arrangement, size, and design of the special use, including all principal and accessory structures associated with that use, shall be compatible with the neighborhood in which it is located and with the rural and small-town character of Copake;
(i)
Landscaping is appropriate to act as a visual and/or noise-deterring buffer between the project and adjoining properties;
(j)
Adequacy of park and recreational facilities to meet the needs of multifamily developments;
(k)
Stormwater and drainage, sanitary waste and sewage, water supplies for fire protection, drinking and general consumption, solid waste disposal and snow removal storage areas are adequate to serve the use;
(l)
The character of the Town, neighborhood and values of surrounding properties are safeguarded to the extent reasonably feasible, including protection against noise, glare, unsightliness, or other objectionable features;
(m)
The special use shall not significantly negatively impact historic, scenic, or natural environmental features;
(n)
The location and size of the proposed use, the nature and intensity of operations involved in or conducted in connection with the use, the size of the site in relation to the use, and its site layout are all compatible with existing neighborhood uses and the environment;
(o)
The proposed use shall not substantially diminish or impair the use and enjoyment of the property in the immediate vicinity for purposes already permitted, nor substantially diminish or impair the property values within the neighborhood;
(p)
The proposed use shall not impede the orderly development and improvement of surrounding property for uses permitted within the zoning district; and
(q)
The Zoning Board of Appeals shall evaluate the impact of the proposal on existing agricultural operations in that district.
E.
Decisions.
(1)
Time of decision. The Zoning Board of Appeals shall decide upon the special use permit application within 62 days after the hearing is completed. The time within which the Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Board. When a matter is subject to County Planning Board review pursuant to § 239-m of the NYS General Municipal Law, the Zoning Board shall not render a decision or take final action except in compliance with the time periods and voting requirements set forth therein.
(2)
Type of decision. In rendering its decision the Zoning Board of Appeals shall approve, disapprove or approve with conditions the special use permit application. In authorizing the issuance of a special use permit, the Zoning Board of Appeals has the authority to impose such reasonable conditions and restrictions as are directly related to, and incidental to, the proposed special use. Upon its granting of a special use permit, any such conditions must be met in connection with issuance of permits by the Zoning Enforcement Officer.
(3)
Filing. The decision of the Zoning Board of Appeals shall be filed in the office of the Town Clerk within five business days of the date such decision is rendered and a copy thereof shall be mailed to the applicant.
(4)
When a special use permit application has been subject to County Planning Board review, the Zoning Board of Appeals shall, within 30 days of taking final action, file a report of the decision or action with the County Planning Board, in accordance with § 239-m of the NYS General Municipal Law.
F.
Expiration and termination of special use permit. A special use permit shall expire and become void one year after approval unless the applicant shall have commenced and substantially proceeded with the use. The Zoning Board of Appeals may, upon written request of the applicant submitted at least 60 days prior to such expiration, extend this period one time for a period of no more than six months. If, at any time, including subsequent to the commencement of the use, there has been no activity related to the approved use for more than one year, the special use permit shall terminate and become void.
G.
Area variance. Application for an area variance related to any special use permit proposal may be made directly to the Zoning Board of Appeals without the necessity of a decision or determination of the Building Inspector or Zoning Enforcement Officer.
H.
Existing violation. No special use permit shall be issued for a property in violation of this Zoning Law unless the granting of a special use permit will result in the correction of the violation.
I.
Expansion of special use. Any change to a specially permitted use that involves new construction, enlargement, exterior alteration of existing structures, increased parking, an increase in the floor area, lot area, or lot coverage allocated to the special use, increased hours of operation, or other changed use of outdoor areas shall require a new or amended special use permit in accordance with the procedures set forth in this Zoning Law.
J.
Any amendment, modification, or revision to an approved special use permit sought by an applicant shall be subject to all statutory requirements applicable to a new application and to all procedural requirements as set out in this chapter applicable to a new application. The reviewing board may, however, at its discretion, take account of materials and information previously submitted with the original application and modify the submission requirements for the requested amendment, modification, or revision accordingly.