Lafayette City Zoning Code
ARTICLE VI
Administration and Enforcement
§ 290-33 Enforcement.
This chapter shall be enforced by the Town of LaFayette Code Enforcement Officer.
§ 290-34 Building permits and certificates of occupancy.
Building permits and certificates of occupancy shall be issued in accordance with the Town Code, the NYS Uniform Fire Prevention and Building Code, and all other applicable federal, state and local laws/regulations.
§ 290-35 Zoning Map.
The location and boundaries of districts are hereby established as delineated and shown on the revised Zoning Map accompanying this chapter and forming a part thereof, upon which the various use districts or zones are designated by the symbols shown on said map. Where a use district is shown as a strip of land along a road or highway, the depth of such district, unless otherwise shown on the Zoning Map, shall be 200 feet from the side line of the road or highway upon which such property fronts. The Zoning Map is on file in the office of the Town Clerk.
§ 290-36 Planning Board.
A.
Membership and term of office.
(1)
The Planning Board shall consist of five members, all residents of the Town of LaFayette. Each member shall be appointed by the Town Board. Each member's term of office shall be five years, and all terms shall be staggered in their expiration. One member shall be designated by the Town Board to serve as Chairperson. If a vacancy shall occur, the Town Board shall appoint a successor, who shall serve for the unexpired portion of the term of his/her predecessor.
(2)
The Town Board may appoint an alternate member to the Planning Board. This alternate member would serve as a substitute for a member who is absent or unable to participate on an application or matter due to a conflict of interest. This alternate member of the Planning Board shall be appointed for a term of two years and shall serve upon the call of the Planning Board Chairperson. When so designated, the alternate member shall possess all of the powers and responsibilities of a regular member of the Board. Such designation shall be entered into the minutes of the Planning Board meeting at which the substitution is made. All provisions of state law relating to Planning Board member eligibility, vacancy in office, removal, compatibility of office and service on other boards, as well as any provision of a local law, rule, regulation or policy relating to training, continuing education, compensation and attendance, shall apply to any alternate member of the Planning Board appointed pursuant to this subsection.
B.
Powers and duties. The Planning Board is the primary Town organization responsible for land use planning within the Town of LaFayette and for managing that use through available regulations and chapters. The major functions and responsibilities of the Planning Board include oversight over subdivisions and site plans as set forth in this chapter.
§ 290-37 Site plan review.
A.
Applicability and application.
(1)
Where required. All new structures, modifications, alterations or replacements of existing structures, as well as the establishment of any new use or any change in an existing use, shall be subject to site plan review by the Town Planning Board as hereafter set forth, except that the Code Enforcement Officer shall have the authority to issue a building permit without prior site plan approval by the Planning Board for expansion of an existing building or structure which has been the subject of a previous site plan approval upon the Code Enforcement Officer's determination:
(a)
That the proposed addition is in full compliance with existing zoning regulations; and
(b)
That the addition does not exceed 50% of the ground-level space of the existing building or structure, or 10,000 square feet, whichever is less; or
(c)
Where the structure is a single- or two-family residence or a structure accessory to such use.
(2)
Application. In all cases where site plan approval is required, the owner or his contract purchaser or lessee shall complete an application for site plan review on the forms available therefor from the Code Enforcement Officer or Town Clerk. No such application shall be complete unless it shall contain the following:
(a)
A site plan prepared by an architect, landscape architect, engineer, land surveyor or applicant (if the site plan is of similar professional quality) containing the information and data as required by this section and the Code Enforcement Officer;
(b)
Title drawing, including name and address of applicant and person responsible for preparation of such drawing;
(c)
North arrow, scale and date;
(d)
Boundaries of the property and all easements plotted to scale;
(e)
Existing watercourses and wetlands;
(f)
Grading and drainage plan, showing existing and proposed contours;
(g)
Location, design, type of construction and exterior building surfaces, exterior dimensions of all buildings;
(h)
Exterior elevations;
(i)
Location, design and type of construction of all parking and truck loading areas, ingress and egress, handicapped spaces, access aisles and snow storage areas;
(j)
Location of outdoor storage, if any;
(k)
Provision for pedestrian building access;
(l)
Location, design and construction materials of all existing proposed site improvements, including stormwater facilities, retaining walls and fences;
(m)
Description of the method of sewage disposal and location, design and construction materials of such facilities;
(n)
Description of the method of securing public water and location, design and construction materials of such facilities;
(o)
Location of fire and other emergency zones, including the location of fire hydrants;
(p)
Location, design and construction materials of all energy distribution facilities, including electrical, gas and solar energy;
(q)
Location, size, design and type of construction of all proposed signs;
(r)
Location and proposed development of all buffer areas, including existing vegetative cover;
(s)
Location and design of outdoor lighting facilities;
(t)
General landscaping plan and planting schedules;
(u)
Estimated project construction schedule;
(v)
Identification of any state or county permits required for the project's execution and status of such applications;
(w)
Other elements integral to the proposed development as considered necessary by the Code Enforcement Officer or Planning Board;
(x)
Completed environmental assessment form as required by 6 NYCRR Part 617 (SEQRA);
(y)
All necessary application fees and deposits as required by the Town;
(z)
Names of property owners within 500 feet of the site; and
(aa)
Current survey.
(3)
Code Enforcement Officer's discretion. The Code Enforcement Officer may waive any of the requirements set forth above as he deems appropriate at the time of submission. Such discretion, however, shall not deprive the Planning Board of the right to require such omitted information.
(4)
Site plan review will be required in the following instances, as determined by the Code Enforcement Officer:
(a)
Change of use;
(b)
When a building or structure is to be erected;
(c)
When a building or structure is to be altered such that its footprint or facade is altered;
(d)
When vehicular movement, vehicular parking or a pedestrian walkway is altered;
(e)
When surface water is altered;
(f)
When exterior lighting is installed or altered;
(g)
When designed landscaping is installed or altered.
B.
Requirements and regulations. Any site plan required by this chapter shall conform to all regulations applicable to the district in which it is located and to any other regulation which applies to it under other provisions of this chapter. In addition, it shall be oriented in its location upon the site as to layout, coverage, screening, signs, means of access, landscaping and architecture so that:
(1)
The flow, control and safety of traffic shall not be adversely affected to an unreasonable degree;
(2)
There shall be reasonable compatibility in all respects with any structure or use in the neighborhood, actual or permitted, which may be directly and substantially affected;
(3)
There shall not be any unreasonable detriment to any structure or use, actual or permitted, in the neighborhood;
(4)
There shall be reasonable provisions for open space, yards and recreational areas appropriate to the structure and use; and
C.
Procedure and notice.
(1)
Sketch plan. Any applicant for site plan approval shall appear before the Planning Board prior to the setting of a public hearing on his/her application. Sketch plan applications may only be placed on the Planning Board agenda if the Code Enforcement Officer determines that the application is complete.
(2)
Public hearing. The Planning Board shall review each site plan at a public hearing to determine the compliance of the plans of the applicant with the requirements set forth in this chapter. Notice of the substance of the application and the date, time and place of the public hearing shall be given to all the owners of land which immediately adjoins the premises and to all the owners of land within a distance of 500 feet, exclusive of street rights-of-way, of the exterior boundaries of the premises, as the names and addresses of said owners appear in the latest completed assessment roll of the Town. Notice of the public hearing shall be mailed at least 10 days prior to the hearing by the Town Clerk. The notice shall state that if neither the applicant nor any representative of the applicant will be able to appear at the specified time, the hearing upon the application will be postponed or cancelled.
(3)
Failure to appear. The applicant shall notify the Planning Board at least 48 hours in advance of the applicant's inability to appear. If such notification is not given, the application may be denied and the applicant may be required to submit a new application. If the applicant fails to appear at the specified time for two concurrent meetings, the application will be deemed denied and the applicant will be required to submit a new application.
(4)
County planning referral. All applications to the Planning Board shall be referred to the Onondaga County Planning Board for review if the site is within 500 feet of:
(5)
Decision criteria. In addition to satisfying the requirements of the Town Code and applicable state law, any site plan application must be evaluated with regard to its consistency with the objectives of the Comprehensive Plan of the Town of LaFayette.
(6)
Decisions. Within 62 days after the public hearing is closed, the Planning Board shall make its decision upon the application and shall deliver a written report to the Town Clerk either denying the application, certifying that the plans submitted by the applicant comply with such requirements set forth in this chapter or specifying the changes and conditions which will result in compliance. During its consideration of the application, the Planning Board may accept amended plans in substitution for those originally filed.
(7)
Permit issuance. Upon receipt of the Planning Board's report certifying compliance of the plans, or upon receipt of amended plans making the specified changes and meeting the specified conditions, the Code Enforcement Officer may issue a permit for the proposed structure and/or use.
D.
Appeal process. If the application is denied, the applicant may appeal to the New York State Supreme Court via an Article 78 proceeding, or as otherwise permitted by law.
E.
Limitation on application for site plan approval. Application to the Code Enforcement Officer for any building permit or certificate of occupancy, authorized by resolution of the Planning Board under which site plan approval has been granted, shall be made within 90 days from the date the resolution is filed with the Town Clerk, unless otherwise expressly provided by the resolution.
§ 290-38 Zoning Board of Appeals.
A.
Membership and term of office.
(1)
The Zoning Board of Appeals shall consist of five members, all residents of the Town of LaFayette. Each member shall be appointed by the Town Board. Each member's term of office shall be five years, and all terms shall be staggered in their expiration. One member shall be designated by the Town Board to serve as Chairperson. If a vacancy shall occur, the Town Board shall appoint a successor, who shall serve for the unexpired portion of the term of his/her predecessor.
(2)
The Town Board may appoint an alternate member to the Zoning Board of Appeals. This alternate member would serve as a substitute for a member who is absent or unable to participate on an application or matter due to a conflict of interest. This alternate member of the Board of Appeals shall be appointed for a term of two years and shall serve upon the call of the Zoning Board Chairperson. When so designated, the alternate member shall possess all of the powers and responsibilities of a regular member of the Board. Such designation shall be entered into the minutes of the Board of Appeals meeting at which the substitution is made. All provisions of state law relating to Board of Appeals member eligibility, vacancy in office, removal, compatibility of office and service on other boards, as well as any provision of a local law, rule, regulation or policy relating to training, continuing education, compensation and attendance, shall apply to any alternate member of the Board of Appeals appointed pursuant to this section.
B.
Powers and duties.
(1)
The Zoning Board of Appeals shall have all the duties and powers conferred upon it by law and this chapter, including the following duties and powers:
(a)
Interpretation. Upon appeal from a decision by an administrative official, to decide any question involving the interpretation of any provisions of this chapter, including determination of the exact location of any zone boundary if there is uncertainty with respect thereto.
(b)
Special use permits. To issue special use permits for any of the uses for which this chapter requires the obtaining of such permits from the Zoning Board of Appeals, but not for any other use or purpose. No such special use permits shall be granted by the Zoning Board of Appeals unless it finds that the use for which such permit is sought will not, in the circumstances of the particular case and under any conditions that the Board considers to be necessary or desirable, be injurious to the neighborhood or otherwise detrimental to the public welfare.
(c)
A use variance or area variance shall be granted by the Zoning Board of Appeals only upon a finding pursuant to § 267-b of the Town Law. In granting any variance, the Zoning Board of Appeals shall prescribe any condition that it deems to be necessary or desirable. Such variances are generally defined as follows:
[1]
Use variances. A "use variance" shall mean the authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.
[2]
Area variances. An "area variance" shall mean the authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.
(2)
The Board of Appeals may adopt rules and regulations with respect to procedures before it and may hire such staff and professional assistance as may be deemed necessary to properly perform its duties and functions.
C.
Procedures and notice.
(1)
Application. The Zoning Board of Appeals shall comply with the requirements of the law and this chapter when processing applications and holding public hearings. Each appeal or application made to the Zoning Board of Appeals shall be in writing to the Chair of the Board of Appeals on the form(s) provided for such purpose and shall refer to the specific provision of this chapter which is involved, setting forth exactly the interpretation that is claimed, the use for which the variance or special use permit is sought, the details of the variance or special use permit that is applied for and the grounds upon which the application is based.
(2)
Sketch plan. Any applicant for an interpretation, variance or special use permit shall appear before the Zoning Board of Appeals prior to the setting of a public hearing on his/her application. Sketch plan applications may only be placed on the Zoning Board of Appeals agenda if the Code Enforcement Officer determines that the application is complete.
(3)
Referral to Planning Board. Any application for Zoning Board of Appeals consideration under this section may be referred to the Planning Board for a report and recommendation.
(4)
Public hearing.
(a)
The Zoning Board of Appeals shall review each interpretation or application at a public hearing to determine the compliance of the interpretation or application with the requirements set forth in this chapter. Notice of the substance of the application and the date, time and place of the public hearing shall be given to all the owners of land which immediately adjoins the involved property and to all the owners of land within a distance of 500 feet, exclusive of street rights-of-way, of the exterior boundaries of the premises, as the names and addresses of said owners appear in the latest completed assessment roll of the Town. Notice of the public hearing shall be mailed at least 10 days prior to the hearing by the Town Clerk. Failure to comply with this subsection shall not invalidate any action taken by the Board of Appeals.
(b)
The notice shall state that if neither the applicant nor any representative of the applicant will be able to appear at the specified time, the hearing upon the application may be postponed. The applicant shall notify the Board of Appeals at least 48 hours in advance of the applicant's inability to appear. If such notification is not given, the application may be deemed denied and the applicant will be required to submit a new application. If the applicant fails to appear at the specified time for two concurrent meetings, the application shall be deemed denied and the applicant will be required to submit a new application.
(5)
County planning referral. All applications to the Zoning Board of Appeals shall be referred to the Onondaga County Planning Board for review if the site is within 500 feet of:
[Amended 12-8-2020 by L.L. No. 2-2020]
(6)
Decision criteria. In addition to satisfying the requirements of the Town Code and applicable state law, any interpretation, special use permit or variance application must be evaluated with regard to its consistency with the objectives of the Town of LaFayette's Comprehensive Plan.
(7)
Decision. Every decision of the Board of Appeals shall be by resolution, which shall set forth the findings of the Board in the particular case. Each such resolution, together with all documents pertaining thereto, shall be filed in the office of the Town Clerk under one of the following headings "Interpretations", "Variances", "Special Use Permits". The Board of Appeals shall notify the Code Enforcement Officer and the Town Supervisor of each special use permit approved, variance granted and interpretation made under the provisions of this section.
D.
Special use permits. The special use permit structures/uses designated in this chapter shall conform to all the regulations of the district in which they are located and to any particular regulations which apply to them under other provisions of this chapter. The Zoning Board of Appeals may impose as conditions to its special use permit approval such further regulations and safeguards as would permit the Board to find that the proposed structure and/or use:
(1)
Is appropriate for the particular lot and location;
(2)
Is not unreasonably detrimental to neighboring properties, areas and districts;
(3)
Is consistent with an orderly and appropriate development of neighboring properties, areas and districts;
(4)
Where adjoined by existing or permitted uses, includes a suitable transition between neighboring uses and/or districts;
(6)
Includes an appropriate evaluation of the Comprehensive Plan for the Town of LaFayette; and
§ 290-39 Fees.
The Town Board will establish a fee schedule that is to be reviewed annually as part of the budget review process. The established fees are to defray all or part of the expense of any notices, hearings, permits and approvals under this chapter. Said fee or fees shall be paid by the applicant at the time of the application.
§ 290-40 Penalties for offenses.
[Amended 12-8-2020 by L.L. No. 2-2020]
Any person, firm or corporation who or which commits an offense against, disobeys, neglects or refuses to comply with or resists the enforcement of any of the provisions of this chapter shall, upon conviction, be deemed guilty of an offense punishable by a fine not exceeding $350 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 of not less than $350 nor more than $700; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine of not less than $700 nor more than $1,000. Each week an offense is continued shall be deemed a separate violation of these regulations.
§ 290-41 Severability.
If any word, phrase, sentence, part, section, subsection or other portion of this chapter, or the application thereof to any person or to any circumstance, is adjudged or declared invalid or unenforceable by a court or other tribunal of competent jurisdiction, then and in such an event, such judgment or declaration shall be confined in its interpretation and operation only to the provision of this chapter that is directly involved in the controversy in which such judgment or declaration is rendered, and such judgment or declaration of invalidity or unenforceability shall not affect or impair the validity or enforceability of the remainder of this chapter or the application thereof to any other persons to circumstances. If necessary as to such person or circumstance, such invalid or unenforceable provision shall be and be deemed severed herefrom, and the Town Board hereby declares that it would have enacted this chapter, the remainder thereof, even if, as to particular provisions and persons or circumstances, a portion thereof is severed or declared invalid or unenforceable.