Eaton Town City Zoning Code
ARTICLE VII
Administration and Enforcement
§ 120-25 Enforcement.
This chapter shall be enforced by the Code Enforcement Officer.
§ 120-26 Fees.
The Town Board of the Town of Eaton shall, by resolution set, and from time to time amend, the fees that shall be charged for Planning Board applications and Board of Appeals applications. The fee schedule shall be available for inspection at the Town Clerk's office.
§ 120-27 Building permits.
No building or structure shall be erected, put in place, or have structural modifications constructed until the Code Enforcement Officer has issued a building permit certifying that it meets all the requirements of this chapter. Building permit application procedures are set forth in Chapter 90, Fire Prevention and Building Construction.
§ 120-28 Certificate of compliance procedure.
A.
A certificate of compliance shall be applied for coincident with the application for a building permit. A certificate shall also be applied for prior to beginning a change of use of an existing building or structure or a vacant parcel on which new construction will occur.
B.
No real property and no building, structure or system hereafter erected, altered or extended shall be used or changed in use until a certificate of compliance shall have been issued by the Code Enforcement Officer stating that the real property, building, structure or system and/or proposed use thereof complies with the provisions of this chapter. Said certificate shall be issued within 10 days after the real property, use, erection and/or alteration shall have been inspected and found to comply with the provisions of this chapter.
C.
The Town Clerk shall maintain a record of all certificates, and copies shall be furnished upon request and upon payment of the requisite copying fee, to be set from time to time by resolution of the Town Board.
§ 120-29 Driveways.
The location of a new driveway for ingress and egress to Town, county and state roadways shall be cleared with the appropriate highway department for approval of the location, and their recommendations concerning appropriate stormwater management structures must be complied with.
§ 120-30 Board of Appeals; variances.
A.
Appointment of a Board of Appeals. The Town Board hereby affirms the existence of the Board of Appeals of the Town of Eaton, consisting of five members, and having all the authority conferred upon a Board of Appeals pursuant to Article 16 of the Town Law. Its purpose is not to make laws but to interpret the law and to provide flexibility where needed and justified in the application of this chapter.
B.
Powers and duties of the Board of Appeals.
(1)
The Board of Appeals shall have the following powers and duties:
(a)
Upon appeals of decisions by the Code Enforcement Officer, to decide questions involving interpretation of any provision of this chapter.
(b)
To grant use variances upon application, if justified.
(c)
To grant area variances upon application, if justified.
(2)
Decisions of the Board of Appeals shall be made within 90 days from the time that the complete application has been filed with the Board. Decisions shall be by motion and vote of the Board, and shall contain a full statement of findings of fact in the minutes of the Board.
C.
Application procedure. An appeal for interpretation of a decision made by an officer of the Town on any part of this chapter or a request for a variance may be made to the Town Clerk or to the Code Enforcement Officer. In reply, the Town Clerk will furnish an application form and instructions, along with a statement of the standards to be followed and the procedure, including a public hearing, required by law. When the application form is filled in and returned to the Town Clerk, along with the prescribed fee, it will be given to the Board of Appeals within one week.
D.
Variances.
(1)
A variance is a legal permit for a modification of some part of this chapter to meet an individual hardship. "Hardship" does not refer to a personal hardship of the property owner/user. Rather, "hardship" refers to the inability of the property to be used for a permitted use or to the inability to meet the lot area and/or dimensional requirements.
(2)
If a use or construction authorized by a variance has not been started and continued within one year, the Board of Appeals may revoke the variance and require a new application.
(3)
When a variance is granted, the Board of Appeals may prescribe conditions to be observed in order to protect the health, safety or welfare of the public, to preserve the general character of the neighborhood and to minimize possible detrimental effects on nearby property.
E.
Granting of variances.
(1)
The Board of Appeals shall act in strict accordance with the procedure specified by state law and by this chapter. All applications made shall be in writing on forms prescribed by the Board. Every application shall refer to the specific provision of the law involved, the details of the variance being applied for and the grounds on which it is claimed that the variance should be granted.
(2)
Each application shall include a site plan of the proposed use or construction to enable the Board of Appeals to evaluate development constraints inherent in the property and the proposed use's or construction's compatibility with the existing uses in its vicinity and with the purpose of this chapter. Upon the granting of any variance, the submitted site plan, with any modifications required by the Board, shall become a part of the record on which future compliance with the terms of the variance shall be based.
(3)
Written notice setting forth the general nature of the variance application and the date of the public hearing shall be forwarded by first-class mail by the Town Clerk to owners of real property within the Town of Eaton at those addresses as appear on the Town tax roll in use at the time of mailing for owners of property located adjacent to and/or within 500 feet of the property parcel(s) which is the subject of the proposed variance.
F.
Standards for granting variances. No variance for modification of the strict application of any provision of this chapter shall be granted by the Board unless it finds the following:
(1)
Use variances.
(a)
For use variances, no use variance shall be granted by the Board of Appeals without a showing by the applicant that applicable regulations and restrictions contained in this and supplemental land use regulations 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 those regulations for the particular district where the property is located, that:
[1]
The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;
[2]
The alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood;
[3]
The requested use variance, if granted, will not alter the essential character of the neighborhood; and
[4]
The alleged hardship has not been self-created.
(b)
The Board of Appeals, in the granting of use variances, shall grant the minimum variance that it shall deem 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.
(2)
Area variances.
(a)
For area variances, in making its determination, on each application for an area variance, the 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:
[1]
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;
[2]
The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
[3]
The requested area variance is substantial;
[4]
The proposed variance will have an adverse effect or impact on the physical or environmental condition in the neighborhood or district; and
[5]
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.
(b)
The Board of Appeals, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
(3)
Imposition of conditions. The Board of Appeals shall, in the granting of both use variances and area variances, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of this chapter, and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
§ 120-31 Planning Board.
The Town Board hereby affirms the existence of the Town of Eaton Planning Board consisting of five members and having all the authority conferred pursuant to Article 16 of the Town Law. Specifically, the Planning Board shall have the following powers and duties:
A.
To issue or deny special permits required by this chapter.
B.
To undertake planning activities allowed by Town Law or as requested by the Town Board.
C.
Subdivision review and approval.
§ 120-32 Special permits.
A.
Generally.
(1)
A special permit gives some means of control of proposed new uses of land and buildings which are compatible with land uses permitted by right by this chapter as long as the conditions applicable to special permit uses are satisfied. Specifically, it gives the Planning Board the opportunity to determine whether such proposed new development (in the particular location, at the particular scale and of the particular site design contemplated) will create special problems which can be corrected or effectively minimized by specially devised conditions or which call for denial of permission.
(2)
When a special permit is granted, the Planning Board may prescribe conditions to be observed in order to ensure adherence to the standards specified in Subsection D and § 120-33B.
(3)
No special permit shall be granted with respect to any property or any use on or for which a violation currently exists. (Nonconforming uses as outlined in § 120-23 are not considered violations of this chapter.)
(4)
Unless extended by the Planning Board, if a use or construction authorized by a special permit has not been started within one year, the special permit will expire.
B.
Application procedure. A request for a special permit may be made to the Town Clerk or to the Code Enforcement Officer. In reply, the Town Clerk will furnish an application form and instructions, along with a statement of the standards to be followed and the procedure, including a public hearing, required by law. When the application form is filled in and returned to the Town Clerk, along with the prescribed fee, it will be given to the Planning Board to be acted on at the next applicable meeting.
C.
Granting of special permits.
(1)
An application to the Planning Board for a special permit shall be accompanied by one set of preliminary site plans and other descriptive matter to show clearly the intentions of the applicant. These documents shall become a part of the record to determine if the proposed special use meets the requirements of this chapter.
(2)
All special permits require formal site plan approval as set forth in § 120-33A, B and C.
(3)
Written notice setting forth the general nature of the special permit application and the date of the public hearing shall be forwarded, by first-class mail, by the Town Clerk to those addresses as appear on tax rolls in use at the time of mailing for owners of real property within the Town of Eaton at those addresses as appear on the Town tax roll in use at the time of mailing for owners of property located adjacent to and/or within 500 feet of the parcel(s) which is the subject of the proposed special permit.
D.
Standards for granting special permits. The Planning Board shall review the special permit application to assure that it accords with the following:
(1)
Location, size and use of structure, nature and intensity of operations involved, size of site in relation to it, and the location of the site with respect to roads giving access to it are such that it will be in harmony with orderly development of the district.
(2)
Location, nature and height of buildings, walls and fences will not discourage the appropriate development and use of adjacent land and buildings or impair their value.
(3)
The special use shall not conflict with any master plan or part thereof.
(4)
Operations of any special use shall not be more objectionable to nearby properties than would be the operations of any permitted use.
(5)
A special permit shall not be issued for a use on a property where there is an existing violation of this chapter.
(6)
Off-street parking, loading facilities and vehicle ingress and egress to the special use shall be such as not to interfere with existing vehicular and pedestrian traffic patterns as they adjoin the property.
(7)
The special use shall have no significant adverse effect on off-site stormwater runoff, erosion of soil, or sedimentation of watercourses and water bodies.
(8)
The special use shall have no adverse effect on the quality of the Town's sources of groundwater or of the water of its lakes, ponds, wetlands or streams.
(9)
Special permits may have an expiration date determined by the Planning Board. Renewal shall be contingent on findings of the Code Enforcement Officer that any conditions originally imposed by the Planning Board have been, and continue to be, complied with.
(10)
The use shall not have an adverse effect on the agricultural industry of the area.
(11)
The use shall be in strict compliance with the supplemental requirements of Article VI pertaining to flood damage prevention (see Chapter 95, Flood Damage Prevention) or any subsequent flood hazard control law adopted by the Town.
(12)
The Planning Board may impose additional standards on the special use to provide adequate safeguards to protect the health, safety or general welfare of the public, to preserve the general character of the neighborhood in which such proposed special use is to be placed and to minimize possible detrimental effects of use on adjacent property.
§ 120-33 Site plan reviews.
The Planning Board, at a regularly scheduled or specially called public meeting of the Board, shall review and approve, disapprove or approve with modifications, all site plans for a special permit, and all site plans otherwise required to be reviewed.
A.
Submission of site plan and supporting data. A site plan and supporting data for a special permit approval shall be submitted to the Planning Board. The owner shall submit a site plan and supporting data as required and shall include all or a portion of the following information presented in drawn form and accompanied by a written text. The amount of information required will depend on the scope of the proposal and shall be determined by the Planning Board. Simple, small-scale and noncontroversial projects generally will require only minimal information. Large-scale, complex proposed projects may require the completion of special studies to provide the necessary information.
(1)
A survey of the property, showing existing features of the property, including contours, large trees, buildings, structures, streets, utility easements, rights-of-way, land use, land use district and ownership of surrounding property.
(2)
A site plan showing proposed lots, blocks, building locations and land use areas.
(3)
Traffic circulation, parking and loading spaces and pedestrian walks.
(4)
Landscaping plans, including site grading, landscape design and open areas.
(5)
Preliminary architectural drawings for buildings to be constructed, including floor plans, exterior elevations and sections.
(6)
Preliminary engineering plans, including road improvements, storm drainage system, public utility extensions, water supply and sanitary sewer facilities.
(7)
Engineering feasibility studies of any anticipated problems which might arise due to the proposed development, as required by the Planning Board.
(8)
Construction sequence and time schedule for completion of each phase for buildings, parking spaces and landscaped areas.
(9)
A description of the proposed uses, including hours of operation, number of employees, expected volume of business and type and volume of traffic expected to be generated.
(10)
As required under New York State Environmental Quality Review Act (SEQR), a full or short environmental assessment form (EAF) shall be submitted if the proposed action is a Type I or an unlisted action, respectively.
B.
Site plan approval.
(1)
The Planning Board shall review the site plan and supporting data before approval, rejection or approval with modifications and/or stated conditions to assure that any site plan approval accords with the following:
(a)
Harmonious relationship between proposed uses and existing adjacent uses.
(b)
Maximum safety of vehicular circulation between the site and road network.
(c)
Adequacy of interior circulation, parking and loading facilities, with particular attention to vehicular and pedestrian safety.
(d)
Adequacy of landscaping and setbacks in regard to achieving maximum compatibility and protection to adjacent residential districts.
(2)
Should changes or additional facilities be required by the Planning Board, final approval of the site plan shall be conditional upon the satisfactory compliance by the owner with the changes or additions.
(3)
Any owner wishing to make changes in an approved site plan shall submit a revised site plan to the Planning Board for review and approval.
C.
Performance bond as a condition of site plan approval. The Planning Board may require, as a condition of site plan approval, that the owner file a performance bond or other legal security in such amount as they determine to be in the public interest to ensure that the proposed development will be built in compliance with the accepted plans.
§ 120-34 Changes and amendments.
A.
Regulations, districts and boundaries established by this chapter may be amended or repealed after official notice has been given and a public hearing has been held by the Town Board as required by the Town Law and Madison County Planning Department review received in certain cases as mandated in Article 12-B, § 239-m, of the General Municipal Law.
B.
Each petition requesting a change of land use regulations or district boundaries shall be typewritten, signed by the owner and filed in triplicate with the Town Board or the Code Enforcement Officer and accompanied by the required fee.
C.
If a public hearing is scheduled at least 35 days before the date of the public hearing, the Town Board shall transmit to the Planning Board a copy of the proposed amendment or change, with supporting documents and notice of hearing. The Planning Board shall submit its recommendations within 35 days. The lack of a response within this period will be interpreted as a recommendation of approval from the Planning Board.
D.
The Planning Board may require a site plan of the proposed development for which a change of land use district is sought to assist them in their understanding of the case.
E.
The Town Board shall hold a public hearing within 60 days of the submission date of any adequately completed petition as required by this section.
§ 120-35 Referral to County Planning Agency.
A.
Under §§ 239-l, 239-m and 239-n of Article 12B of the New York State General Municipal Law, all requests for variances and special permits shall be referred to the Madison County Planning Department for its recommendation if the property in question is within 500 feet of:
(1)
The boundary of any city, village or town;
(2)
The boundary of any existing or proposed county or state park or other recreation area;
(3)
The right-of-way of any existing or proposed county or state road or highway;
(4)
The 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;
(5)
The existing or proposed boundary of any county- or state-owned land which a public building or institution is situated; or
(6)
The boundary of a farm operation located in a state-certified agricultural district, as defined by Article 25AA of the Agriculture and Markets Law, except that this subsection shall not apply to the granting of area variances.
B.
Failure to refer those requests to the Madison County Planning Department before local action is complete may invalidate any local decision.
§ 120-36 Penalties for offenses.
A.
Any person may file a complaint about a violation of this chapter. Such complaints must be in writing, signed and filed with the Code Enforcement Officer, the Town Clerk or the Town Board. The Code Enforcement Officer shall investigate promptly and take the appropriate action to satisfy that complaint.
B.
Any violation of this chapter as determined by the Code Enforcement Officer must be reported to the offender by the Code Enforcement Officer or the Town Board, with the date by which the violation must be corrected.
C.
A violation of this chapter is hereby declared to be an offense, punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and, upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. Each weeks' continued violation shall constitute a separate additional violation.
D.
In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained or any building, structure of land is used or any land is divided into lots, blocks or sites in violation of this article 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 action or proceedings 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 such building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.
§ 120-37 Stop-work orders.
A.
Whenever the Code Enforcement Officer has reasonable grounds to believe that work on any building or structure is proceeding without permit or is otherwise in violation of the provision of this chapter or is not in conformity with any of the provisions of the application, plans or specifications on the basis of which a permit was issued or is being conducted in an unsafe and dangerous matter, he shall notify either the owner of the property or the owner's agent or the person, firm or corporation performing the work to immediately suspend all work. In such instance, any and all persons shall immediately suspend all related activities until the stop-work order has been duly rescinded.
B.
Such stop-work order shall be in writing on a form prescribed by the Code Enforcement Officer and shall state the reasons for the stop-work order, together with the date of issuance. The stop-work order shall bear the signature of the Code Enforcement Officer or that of a duly authorized designee and shall be prominently posted at the work site.
§ 120-38 Appearance tickets.
Upon resolution of the Town Board of the Town of Eaton specifically so designating, the Code Enforcement Officer shall have authority, pursuant to Article 150 of the New York Criminal Procedure Law, to issue appearance tickets as defined therein for the purpose of enforcing the local law.
§ 120-39 State Supreme Court Review.
Pursuant to the Town Law of the State of New York §§ 267 and 274-a, any person or persons jointly or severally aggrieved by any decision of the Board of Appeals, the Planning Board or any officer of the Town may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules. Such proceeding must be instituted by the aggrieved party within 30 days after the filing of that decision in the office of the Town Clerk.
§ 120-40 Enforcement.
The provisions of this chapter shall be strictly enforced by the Code Enforcement Officer.