Dannemora Village City Zoning Code
ARTICLE VIII
Administration and Enforcement
§ 100-50 Appointment of Zoning Enforcement Officer.
The duty of administration and enforcing the provisions of this chapter is hereby conferred upon the Zoning Enforcement Officer (ZEO). The ZEO shall be appointed by the Village Board of Trustees and receive compensation as the Board shall determine.
§ 100-51 Powers and duties of Zoning Enforcement Officer.
A.
Administer the Zoning Law.
(1)
The Zoning Enforcement Officer shall review all applications for building permits and, if the minimum requirements of this Code are met, the ZEO shall issue a permit.
(2)
If the applicant's plans do not meet the zoning requirements, the ZEO must deny the permit. The ZEO may not use discretionary judgment. The ZEO must enforce the "letter of the law."
B.
Referrals.
(1)
If a zoning permit is denied by the Enforcement Officer, the applicant may have the application referred to the Zoning Board of Appeals for an appeal of a variance.
(2)
Any application for a special permit shall be forwarded by the Zoning Enforcement Officer to the Planning Board, together with all supporting information.
C.
Cite zoning violations. For any plans, constructions, buildings or use of premises found in violation of this Code, the Zoning Enforcement Officer shall order the responsible party, in writing, to remedy the conditions. He shall have the authority to secure a stop order to constrain the continuance of the violation.
D.
Report to the Board of Trustees. A monthly report to the Board of Trustees describing and enumerating actions taken and permits issued shall be given.
E.
Public record. The Zoning Enforcement Officer shall file all permit actions with the Village Clerk.
§ 100-52 Board of Appeals.
A.
Appointment of Board of Appeals. Pursuant to § 7-712 of the Village Law, there shall be a Board of Appeals consisting of either three or five members holding staggered terms appointed by the Board of Trustees. The Board of Trustees shall appoint the Board of Appeals Chairman and a Deputy Chairman.
B.
Officers, rules and expenses.
(1)
The Board of Appeals may adopt rules or bylaws for its operation.
(2)
The Board of Trustees shall provide an appropriation to the Board of Appeals to cover necessary expenses, including the means for the Board of Appeals to maintain a written record of its meetings and public hearings.
(3)
All decisions shall be by a majority vote of the full membership of the Board, except in the case of a County Planning Board disapproval pursuant to § 239-m review. In such a case a vote of a majority plus one shall be required for any decision.
C.
Duties of the Board of Appeals.
(1)
Appeals. Upon appeal from a decision by the Enforcement Officer, the Board of Appeals shall decide any question involving the interpretation of any provision of this chapter.
(2)
Requests for variances. Upon denial of a zoning permit by the Enforcement Officer, the Board of Appeals shall hear requests for variances.
(3)
Zoning amendments. Before acting on any proposed amendment to this chapter, the Village Board shall receive a written recommendation from the Zoning Board of Appeals.
D.
Meetings of the Board of Appeals.
(1)
The Board of Appeals shall hold meetings at the call of the Chairperson or the request of a majority of its membership.
(2)
The presence of a majority of its full membership shall constitute a quorum for the conduct of business before the Board.
(3)
A concurring vote of a majority of its full membership shall be necessary to act on the application for any variance or to decide upon any other matter brought before the Board of Appeals unless otherwise stipulated in this chapter.
(4)
All votes of the Board of Appeals shall be taken by roll call.
(5)
In accordance with General Municipal Law, § 809, a member of the Board of Appeals having a conflict of interest shall abstain from any discussion or voting on that matter.
(6)
The Board of Appeals may request and obtain any advice or opinions on the law relating to any matter before the Board from the Village Attorney, planning consultant or other experts.
(7)
The Board of Appeals may require the Village Clerk or Zoning Enforcement Officer to attend its meetings to present any facts relating to any matter before the Board.
(8)
All meetings of the Board of Appeals shall be open to the public.
(9)
The Board of Appeals shall keep minutes of all its meetings. The Board of Trustees shall provide a secretary for the Board of Appeals.
(10)
The Board of Appeals shall make a factual record of all its proceedings, including the reading of the case, public hearing, deliberation, voting and decisions of the Board. These factual records shall be accurate but not necessarily a verbatim transcript, and may be in narrative form. The factual record shall be taken by the Secretary to the Board.
§ 100-53 Variances.
[Amended 5-5-2004 by L.L. No. 2-2004]
A.
Authority of the Zoning Board of Appeals. The Zoning Board of Appeals shall have the authority to review and approve requests for variances, to hear appeals from a decision of the Zoning Enforcement Officer, and to decide any question involving the interpretation of a provision or definition contained in this chapter.
B.
Application. A party may initiate a request for a variance by filing an application with the Zoning Board of Appeals using forms supplied by the Board. The applicant shall include a copy of the tax map which shows the property, a map drawn to scale showing existing features and the planned variance, and other drawings or information the Board of Appeals deems necessary.
C.
Variance policy. The granting of variances shall be principally for those seeking an area variance. A use variance shall only be granted if the provisions of § 100-53 of this chapter are strictly met.
D.
Requirements for area variances:
(1)
Area variances may be granted where the dimensional or physical requirements of this chapter cannot be reasonably met, including but not limited to: minimum lot size, minimum lot width, minimum road frontage, minimum side and rear yards, minimum green space buffer, maximum lot coverage by buildings, maximum height of buildings, size or height of signs, and screening requirements.
(2)
In making its determination, the ZBA 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. In making such determination the Board shall consider:
(a)
Whether an undesirable change in the character of the neighborhood will be produced or a detriment to nearby properties will be created by the granting of the area variance.
(b)
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance.
(c)
Whether the requested variance is substantial.
(d)
Whether the proposed variance will have an adverse impact on the physical or environmental conditions in the neighborhood.
(e)
Whether the alleged difficulty was self-created, which consideration shall be relevant to the Board of Appeals but shall not necessarily preclude the granting of the area variance.
(3)
Any area variance granted shall be the minimum necessary for the applicant to make reasonable use of the property.
E.
Requirements for use variances:
(1)
A use variance may be granted to allow land to be used for a purpose which is otherwise not permitted by this chapter.
(2)
No such use variance shall be granted by the Board of Appeals without a showing by the applicant that the applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship the applicant shall demonstrate to the Board of Appeals that for each and every permitted use under the zoning regulations for the particular district where the property is located:
(a)
The applicant cannot realize a reasonable return, provided that lack of return is substantial and is established by competent financial evidence.
(b)
That the alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood.
(c)
That the requested use variance, if granted, will not alter the essential character of the neighborhood.
(d)
That the alleged hardship has not been self-created.
(3)
Any use variance granted shall be the minimum deemed by the Board of Appeals to be necessary and adequate to address the unnecessary hardship proven by the applicant and, at the same time, preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
F.
Approval of variances with conditions. In the granting of variances, the Board of Appeals shall have the authority to impose such reasonable conditions as are related to the use of the property, and/or the period of time the variance shall be in effect. Such conditions shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
G.
Appeals of a decision by the Zoning Enforcement Officer (ZEO).
(1)
Any appeal from a decision of the ZEO shall be made to the Board of Appeals within 60 days after the ZEO files said decision.
(2)
An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Enforcement Officer certifies to the Board of Appeals that by reason in the facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property, in which case proceedings may not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or by a court of record.
H.
Review and approval procedure. Upon receipt of a complete application, the ZBA shall:
(1)
Schedule a public hearing within 62 days and provide notice of such hearing by publication in a newspaper of general circulation in the Village at least five days prior to the date thereof.
(2)
Refer the application to the Clinton County Planning Board, if required, at least five days prior to the hearing. (See Subsection I below.)
(3)
The Board of Appeals shall conduct a public hearing on the matter.
(4)
Within 62 days of the final public hearing, the ZBA shall render a decision. Said time period may be extended by mutual consent of the applicant and the Board.
(5)
All decisions shall be in writing, shall be filed with the Village Clerk within five business days of the decision, and a copy thereof shall be provided to the applicant.
I.
Referral to County Planning board. Prior to taking final action, the Board of Appeals shall refer all certain applications to the Clinton County Planning board pursuant to § 100-56.
§ 100-54 Appeals.
Any person aggrieved by any decision of the Board of Appeals may apply to the State Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules.
§ 100-55 Amendment procedures.
The Board of Trustees may change, supplement or repeal any provision of this chapter in accordance with procedures specified in the Village Law pertaining to the amendment of local laws. In addition, before acting upon any proposed amendment, the Board of Trustees may request a written recommendation from the Planning Board and the Board of Appeals.
§ 100-56 Referral to County Planning Board.
[Added 5-5-2004 by L.L. No. 2-2-004]
A.
Prior to conducting a public hearing, the Board shall refer all applications that fall within those areas specified under General Municipal Law, Article 12-B, § 239-m to the County Planning Board for its recommendation. Such areas include any land within 500 feet of:
(1)
A state or county highway.
(2)
State or county land where a public building or institution is located.
(3)
A state or county-owned park or recreation area.
(4)
The Village boundary.
B.
If the County Planning Board does not respond within 30 days from the time it receives a complete application, the Planning Board or Zoning Board of Appeals may act without such report. In the event that the county disapproves the application or approves it subject to modification, the local board may override the county's opinion only by a vote of majority plus one of its members and with adoption of a resolution fully stating the reasons for its contrary action. The Village must report to the County Planning Board on its final action within seven days of that event, and the resolution must be submitted with the final report of action.