Kingsbury City Zoning Code
ARTICLE III
Permits; Certificates of Occupancy; Appeals; Variances
§ 280-13 Construction permits.
[Amended 9-10-1990 by L.L. No. 5-1990; 3-13-2000 by L.L. No. 4-2000]
Building and construction permits shall be issued as set forth in Chapter 95, Building Construction and Fire Prevention, of this Code.
§ 280-14 Special permits or special use permits. [1]
[Added 8-15-2005 by L.L. No. 3-2005]
A.
Applicability. This section shall apply to any uses that require special permits found in the district regulations in Article VI of the Town of Kingsbury Zoning Local Law. Special permits, as discussed in this chapter, shall also be known as "special use permits," as discussed in New York State Town Law § 274-b.
B.
Declaration of policy and intent. There are certain uses which, by their inherent nature, present certain problems or difficulties for neighborhoods in which they might be located. It is the intention of the Town that these uses should be reviewed, and that their overall impact on the neighborhood and community character in which they are proposed to be located should be studied prior to their location in such neighborhoods. The overall intention of this section is to mitigate such problems and to minimize, to the extent practicable, such impacts on the Town's neighborhoods.
C.
Delegation to the Zoning Board of Appeals. In accordance with New York State Town Law § 274-b, the Zoning Board of Appeals is hereby authorized to issue special use permits or special permits as required by the Town of Kingsbury Zoning Local Law. Applications for such permits shall be reviewed in accordance with this § 280-14.
D.
Application. Prior to the commencement of any construction activities or the use of any property requiring a special permit or special use permit, the owner, or if not the owner, then the authorized applicant, shall submit an application on such forms and within such time frames as may be designated by the Zoning Board of Appeals. The owner or applicant shall submit such information as required by the Zoning Board of Appeals. The Zoning Board of Appeals may empower the Code Enforcement Officer to make preliminary determinations on what information should be submitted to the Zoning Board of Appeals prior to the application being placed on the Zoning Board of Appeals agenda. Such authorization shall not preclude the Zoning Board of Appeals from requesting any additional information it deems necessary for its review of the application. An application shall not be deemed complete until all information requested by the Zoning Board of Appeals has been submitted.[2]
E.
Procedure. The Zoning Board of Appeals shall comply with the requirements of New York State Town Law § 274-b and the applicable provisions of the State Environmental Quality Review Act (SEQRA), 6 NYCRR Part 617, the General Municipal Law, and any other applicable laws. If, during the review of an application, the Zoning Board of Appeals finds that certain aspects of the proposed use require a review of the technical plans, and that such review may be better suited for the Town of Kingsbury Planning Board, the Zoning Board of Appeals may refer the application to the Planning Board for its comment and for any recommendations of that Board. To expedite the review, the Zoning Board of Appeals may limit the time frame within which the Planning Board has to return its recommendations.
F.
Review standards. Before granting approval on a special permit or special use permit, the Zoning Board of Appeals shall consider the following:
(1)
The use shall be of such location, size and character that it will conform to an appropriate and orderly development of the district and neighborhood in which it is to be located and will not be detrimental to the orderly development of neighboring districts and neighborhoods.
(2)
The use will not create undue safety hazards in its own or adjacent districts or neighborhoods and will not require increased public expenditure in excess of its value to the Town.
(3)
The use will not create undue traffic congestion, noise, vibrations, light, stormwater runoff, or air pollution or substantially devalue neighboring properties.
(4)
A special permit or special use permit shall be granted unless the Zoning Board of Appeals finds that substantial evidence has been presented which shows that the negative effects of the proposed use, as evaluated above, outweigh the benefits of the use to the Town.
(5)
The Zoning Board of Appeals may condition the approval of any special permit or special use permit on such reasonable conditions that it finds may mitigate against the potential negative effects on the neighborhood of the proposed use.
[1]
Editor's Note: Original § 80-12, Use permits, as amended was repealed 3-13-2000 by L.L. No. 4-2000.
§ 280-15 Certificates of occupancy.
A.
General requirements.
(1)
A certificate of occupancy is required prior to the use of any building for which a construction permit is required. Upon application within three months following the effective date of this chapter or any amendment date subsequent thereto, a certificate of occupancy shall be issued for continuation on a specified premises of any use existing on that premises on the aforesaid effective or amendment date.
(2)
Procedure. An application shall be submitted to the Code Enforcement Officer which shall show compliance with this chapter. It may be submitted as soon as sufficient progress has been made to show compliance or at any time thereafter.
[Amended 3-13-2000 by L.L. No. 4-2000]
B.
Temporary certificates of occupancy.
(1)
Temporary certificates of occupancy shall be granted by the Code Enforcement Officer for a period of six months and renewable for three additional and successive six-month periods for the following purposes:
[Amended 3-13-2000 by L.L. No. 4-2000]
(a)
For occupancy of a dwelling space less than the minimum specified for the district pending the construction on the lot of a dwelling for which a valid construction permit has been approved. Renewal of a certificate issued under this provision is contingent upon proof of progress upon the permanent structure.
(b)
For the use of property which does not conform to the specifications required by this chapter, but which will be brought into conformity prior to the expiration of the third successive renewal.
(2)
The Board of Appeals may extend the number of renewal periods, provided that it is shown that unforeseen events prevented the completion of the project as planned, that termination of the temporary certificate of occupancy would produce an undue hardship and that the project will be complete in a reasonable length of time.
(3)
Procedure. The applicant shall submit to the Code Enforcement Officer an application in the same manner as for a permanent certificate of occupancy. The application shall include information to justify the issuance of a temporary certificate of occupancy and show an expected date of termination.
[Amended 3-13-2000 by L.L. No. 4-2000]
§ 280-16 Appeals.
Any person aggrieved over any order, requirement, decision or determination by an administrative agency pursuant to the provisions of this chapter may present an appeal for redress to the Board of Appeals in accordance with the provisions of § 267, Subdivision 2, of the Town Law.
§ 280-17 Variances.
The Board of Appeals shall have the power to vary or modify the application of the provisions of this chapter where a strict application produces practical difficulties or unnecessary hardships as authorized by the provisions of § 267, Subdivision 5, of the Town Law.[1]
[1]
Editor's Note: Original § 80-16, Duration of permits, which immediately followed this section, was repealed 3-13-2000 by L.L. No. 4-2000.