Administer the Zoning Law. The Zoning Enforcement Officer shall review all applications for building permits and, if the minimum requirements of this chapter are met, the officer shall issue a permit. If the applicant's plans do not meet the zoning requirements, the Officer must deny the permit. The Zoning Enforcement Officer may not use discretionary judgement. The Officer must enforce the "Letter of the Law."

Referral to the Zoning Board of Appeals. An applicant, after being denied a building permit, may appeal the Zoning Enforcement Officer's findings to the Zoning Board of Appeals (ZBA) for an interpretation or a variance. Should an appeal be requested, the Zoning Enforcement Officer shall notify the Secretary of the ZBA of the request and forward all necessary supporting information on to the ZBA for action.

Referral to Town Planning Board. Any application for a special permit, a change in a zoning district, or a change in use that requires site plan review, shall be forwarded by the Zoning Enforcement Officer to the Secretary of the Town Planning Board for action. All necessary supporting information shall also be forwarded.

Site zoning violations. For any plans, construction, building, use on premises found in violation of this chapter, the Zoning Enforcement Officer shall order the responsible party, in writing, to remedy the conditions. He shall have the authority to commence proceedings to punish violations pursuant to § 265-5 of this chapter.

Report to Town Board. A monthly report shall be given to the Town Board describing and enumerating actions taken and permits issued.

Public record. The Zoning Enforcement Officer shall file all permit actions with the Town Clerk.

The Town Board may select a Chairman of the Planning Board, or on failure to do so, the Planning Board shall elect a Chairman from its own members.

The Planning Board may adopt rules or bylaws for its operations.

Prepare or change a comprehensive land development plan for the Town. The Planning Board shall be responsible for review and evaluation of proposals and projects in the coastal area of the Town. The Planning Board is authorized to prepare and recommend to the Town Board for adoption a Local Waterfront Revitalization Program (LWRP), with its policies, maps and uses, for the entire Lake Ontario shoreline and coastal area that is located within Town boundaries, along the boundary lines defined in § 265-9 of this chapter. Considerations and recommendations made by the Planning Board as to a proposed action's consistency with the LWRP shall be submitted to the Town board for final determination and certification of compliance with LWRP policies, maps and uses.

Review and comment on all proposed zoning amendments before referral to the County Planning Board.

Conduct site plan review as authorized by Town Law § 274-a and prescribed in Article X of this chapter.

Review and grant or deny special permits as authorized by Article IX.

Render assistance to the Zoning Board of Appeals at its request.

Research and report on any matter referred to it by the Town Board.

Make investigations, maps, reports, and recommendations in any matter related to planning and development as it seems desirable, providing expenditure of the Board do not exceed appropriations.[1]

The Town Board can by resolution authorize the Planning Board to modify applicable provisions of this chapter simultaneously with plat map approval in accordance with Town Law § 278.[2]

Appointment of Zoning Board of Appeals. Pursuant to § 267 of Town Law, there shall be a Zoning Board of Appeals consisting of five members holding staggered five-year terms appointed by the Town Board. The Town Board shall appoint the ZBA's Chairman.

Officers, rules, and expenses.

Functions of the Zoning Board of Appeals.

Area variances may be granted where setback, frontage, lot size density or yard requirements of this chapter cannot be reasonably met.

In determining whether to grant or deny a request for an area variance, the ZBA shall respond in its findings to each of the following factors:

Area variance procedures. Area variances shall be granted by the procedure established in § 265-84.

A use variance may be granted by the ZBA only after the findings of the ZBA establish that unnecessary hardship exists.

In determining whether unnecessary hardship exists, the ZBA must find that for each and every permitted use under the zoning regulations for the particular district where the property is located:[1]

Use variance procedure. Use variances shall be granted only by the procedure established in § 265-84.

All applications for variances shall be in writing on forms established by the ZBA. They are available from the Zoning Enforcement Officer.

Every application shall refer to the specific provision of the law involved and establish the details of why the variance should be granted.

Upon receipt of the completed application the ZBA shall:

Within 62 days of the public hearing, the ZBA shall render a decision. If the matter was referred to the County Planning Board, a copy of the ZBA's findings and decision must be sent to the County Planning Board.

The Zoning Board of Appeals shall hold meetings at the call of the Board.

The presence of three members shall constitute a quorum for the conduct of business before the Board.

The presence of three members of the Board shall be necessary to act on the application for any variance or to decide upon any other matter brought before the Board, unless otherwise stipulated in the ordinance.

All votes of the Zoning Board of Appeals shall be taken by roll call.

In accordance with General Municipal Law Article 18, a member of the Zoning Board of Appeals having a conflict of interest shall abstain from any discussion or voting on that matter.[1]

The Zoning Board of Appeals may request and obtain any advice or opinions on the law relating to any matter before the Board from the Town Attorney, and require the Town Attorney to attend its meetings.

The Zoning Board of Appeals may require the Zoning Enforcement Officer to attend its meetings to present any facts relating to any matter before the Board.

All meetings of the Zoning Board of Appeals shall be open to the public.

The Zoning Board of Appeals shall make 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 taken by stenographic and/or tape recorder means and shall be accurate but not necessarily a verbatim transcript, but may be in narrative form. The factual record shall be taken by the secretary to the Board.

The Zoning Enabling Laws require that any of the following local zoning actions must be referred to the County Planning Board prior to action by the local board. Any proposal for a special permit, variance, site plan approval, change in the zoning law text or map (rezoning, amending the zoning law) which would affect real property lying within a distance of 500 feet from the boundary of any county; any town; any village; the boundary of any existing or proposed county or state park or any other recreation area; any right-of-way of any existing or proposed county or state road or parkway; 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; any existing or proposed county or state-owned land on which a public building or institution is situated; or the boundary of a farm operation located in an agricultural district as defined by Agriculture and Markets Law Article 25-AA (except in the granting of area variances) must be referred to the County Planning Board, which shall have 30 days from date of county receipt to take action on the matter. By mutual agreement of the county and the municipality, such thirty-day period may be extended in special cases.[1]

Certain zoning actions may be exempt from County Planning Board review using local agreements allowed under NYS General Municipal Law, Article 12-B, § 239-m.3.(c) of the Laws of 1991. Refer to the agreement between the Orleans County Planning Board and the Town of Kendall (if executed) for a list of minor land use actions exempt from referral to the County Planning Board.

If the County Planning Board approves a referral, then the local board's decision is governed by a majority vote.

If the County Planning Board disapproves or approves a referral subject to stated conditions or modifications, the local board may override the county opinion only by a majority plus one vote.

In accordance with § 283-a of Town Law, any application for a special use permit, site plan approval, use variance, or subdivision approval requiring municipal review and approval by the Planning Board or Zoning Board, that would occur on property within an agricultural district containing a farm operation or on property with boundaries within 500 feet of a farm operation located within an agricultural district, shall include an agricultural data statement. The Planning Board or zoning board shall evaluate and consider the agricultural data statement in its review of the possible impacts of the proposed project upon the functioning of farm operations within such agricultural district.

Upon receipt of such application by the Planning Board or Zoning Board, the Clerk of such board shall mail written notice of such application to the owners of land as identified by the applicant in the agricultural data statement. Such notice shall include a description of the proposed project and its location, and may be sent in conjunction with any other notice required by state or federal law, ordinance, rule or regulation for the said project. The cost of mailing the notices shall be borne by the applicant.

An agricultural data statement shall include the following information: the name and address of the applicant; a description of the proposed project and its location; the name and address of any owner of land within 500 feet of the boundary of the property upon which the project is proposed; and a Tax Map or other map showing the site of the proposed project relative to the location of farm operations identified in the agricultural data statement.

If the project location meets any of the criteria set forth in § 265-87 of this chapter, the Clerk of the Planning Board or Zoning Board shall refer all applications and the agricultural data statement to the County Planning Board as required under §§ 239-m and 239-n of the General Municipal Law.