Le Roy Village City Zoning Code
ARTICLE II
Administration
§ 215-8 Enforcement.
The duty of administering and enforcing the provisions of this chapter is hereby conferred upon the Zoning Enforcement Officer, who shall have such powers as are conferred upon him by this chapter and as reasonably may be implied therefrom. He shall be appointed by the Village Board and shall receive compensation as the Village Board shall determine. The Zoning Enforcement Officer shall have such other and further duties as may be assigned by the Village Board pursuant to this chapter or otherwise.
§ 215-9 Duties of the Zoning Enforcement Officer.
Inspection and review.
It shall be the duty of the Zoning Enforcement Officer, or his duly authorized assistants, to cause any plans, buildings or premises to be examined or inspected to determine that they are not in violation of the provisions of this chapter.
The Zoning Enforcement Officer and all his duly authorized assistants shall be entitled to enter any building or premises (which includes the internal premises, such as basement, etc.) for the purpose of inspection, observation, measurement, testing and records examination in performing his duties set forth in this chapter and for the further purpose of ascertaining whether the provisions of this chapter are being met and all requirements are being complied with. Persons or occupants of premises to be entered shall allow the Zoning Enforcement Officer and/or his assistants ready access at all reasonable times to all parts of the premises to carry out the actions specified herein. Where any owner or occupant has security measures in force which would require proper identification and clearance before entry into their premises, the owner or occupant shall make necessary arrangements with their security guards so that, upon presentation of suitable identification, personnel from the Village will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
The Zoning Enforcement Officer or any of his duly authorized assistants seeking to enter private property pursuant to the provisions of this chapter may enter such property on the valid consent of the owner or occupant. In the event that such valid consent is denied or if said Zoning Enforcement Officer or assistant determines that it is preferable to obtain a search warrant without first seeking such valid consent, said Zoning Enforcement Officer or assistant shall be entitled to obtain a search warrant pursuant to the applicable provisions of law from a court of competent jurisdiction to compel the owner or occupant to permit immediate entry and inspection.
Notwithstanding the provisions contained in the immediately preceding subsection, in the event that an exigent situation exists, said Zoning Enforcement Officer and/or assistants shall be entitled to immediately enter upon any private property for the purposes set forth in this chapter, either with or without a search warrant.
Violations and written orders. Where the Zoning Enforcement Officer, in the course of his duties, determines that any plans, building or premises are in violation of the provisions of this chapter, he shall order the responsible party in writing to remedy such conditions. Said written order shall comply with the provisions of this chapter.
Revocation of certificate of compliance. On the serving of notice and failure to comply with the time limits specified in such notice by the Zoning Enforcement Officer to the owner of any violation of any of the provisions of this chapter, any certificate of compliance previously issued for such buildings or use shall be held null and void. A new certificate of compliance shall be required for any further use of such building or premises.
Records. The Zoning Enforcement Officer shall maintain a permanent record of all matters considered and all action taken by him. Such records shall form a part of the records of his office and shall be available for the use of the Village Board and other officials of the Village. The records to be maintained shall include at least the following:
Application file. An individual permanent file for each application for a permit provided for by this chapter shall be established at the time the application is made. Said file shall contain one copy of the application and all supporting documents and plans; notations regarding pertinent dates and fees and the like; as appropriate, one copy of the resolution of the Planning Board and/or Zoning Board of Appeals in acting on the application if such action is required; and the date the permit applied for was issued or denied by the Zoning Enforcement Officer; and any correspondence sent or received by the Zoning Enforcement Officer regarding such application.
Monthly report. The Zoning Enforcement Officer shall prepare a monthly report for the Village Board. Said report shall cite all actions and the dates taken by the Zoning Enforcement Officer, including all referrals made by him, all permits and certificates issued and denied, and all complaints of violations received and all violations found by him, and the action taken by him consequent thereto. A copy of this monthly report shall also be transmitted by the Zoning Enforcement Officer to the Tax Assessor, Planning Board and Board of Appeals at the same time it is transmitted to the Village Board.
§ 215-10 Certificates and permits.
The certificates and permits enumerated herein are hereby established for the equitable enforcement and administration of the provisions of this chapter.
Zoning permit. The Zoning Enforcement Officer is hereby empowered to issue a zoning permit for any plans regarding the construction or alteration of any building or structures or part of any building, or the change in the use of any land or building or part thereof, where he shall determine that such plans are not in violation of the provisions of this chapter.
Temporary use permit. Upon written direction of the Planning Board, the Zoning Enforcement Officer is hereby empowered to issue a temporary use permit. A temporary use permit, as well as a copy of any permit issued by the Zoning Enforcement Officer, shall only be effective for a period not to exceed 12 months; such permit may be extended by the Zoning Enforcement Officer not more than once for an additional period not to exceed six months.
Special use permit. Upon written direction of the Planning Board, the Zoning Enforcement Officer is hereby empowered to issue any special use permit provided for by this chapter.
Certificate of compliance. The Zoning Enforcement Officer is hereby empowered to issue a certificate of compliance which shall certify that all provisions of this chapter have been complied with in respect to the location and use of the building, structure or premises in question.
§ 215-11 Application procedures.
Application. Applications for zoning permits shall be accompanied by a layout sketch, drawn to approximate scale, showing the shape and dimensions of the lot to be built upon, the size and location of all buildings or structures proposed, as well as those that shall remain, the intended use of each building or structure, and any such other information with regard to the lot and neighboring lots, buildings and/or structures as the Zoning Enforcement Officer may in his discretion deem necessary to determine and provide for the enforcement of this chapter. Applications, together with a layout sketch, shall be submitted in triplicate. The Zoning Enforcement Officer shall carefully consider the application and supporting documents for compliance with this chapter and either issue or deny the zoning permit applied for. When the application is for any multifamily or nonresidential use within the Village, the Zoning Enforcement Officer shall, prior to the issuance of any permit, refer one copy of such plans, drawings and statements to the Planning Board for site plan review. (See Article IV.)
Issuance of zoning permit. The Zoning Enforcement Officer shall issue a zoning permit only after the following conditions, if required, have been met:
Installation of foundation. The Zoning Enforcement Officer shall be notified that the site is prepared for installation of the foundation of a structure and shall inspect the site to check the location of the structure.
Initiation of construction. If a zoning permit is not obtained by the applicant within 90 days after final approval, such approval shall be void.
Completion of construction. A permit shall be void if construction is not substantially completed within a period of one year from the date of said permit. The Zoning Enforcement Officer may issue a six-month extension of a permit for good cause shown. Two such extensions of a permit will be allowed.
Location of permit. The zoning permit shall be located in a place readily visible to the public during construction activities.
§ 215-12 Fees.
Fees may be charged for permits issued and processing of applications for amendments, variances, site plans and special use permits. The fees shall be set by resolution of the Village Board and may be changed from time to time in the same manner.
§ 215-13 Certificates of compliance.
No land shall be used or occupied and no building hereafter erected, altered or extended shall be used or changed in use until a certificate of compliance has been issued by the Zoning Enforcement Officer in accordance with the provisions of this chapter.
§ 215-14 Board of Appeals.
Pursuant to Village Law § 7-712, the Board of Trustees of the Village of LeRoy hereby establishes a Zoning Board of Appeals. The Zoning Board of Appeals shall possess all of the powers, and fulfill all of the duties, outlined in New York State Village Law in regards to matters within the Village of LeRoy.
[Amended 4-13-2016 by L.L. No. 1-2016]
The Zoning Board of Appeals shall have three members and one alternate member for purposes of substituting for a member in the event one of the three members is unable to participate due to a conflict of interest.
[Amended 4-13-2016 by L.L. No. 1-2016]
Procedure. The Board of Appeals shall act in strict accordance with the procedure specified by state law and by this chapter. All appeals and applications made to the Board shall be in writing on forms prescribed by the Board and available from the Zoning Enforcement Officer. Every appeal or application shall refer to the specific provision of this chapter involved and shall exactly set forth the interpretation that is claimed, or the details of the variance that is applied for and grounds on which it is claimed that the variance should be granted as the case may be. When hearing an appeal for a use variance, the Board of Appeals shall transmit to the Planning Board a copy of this notice of the aforesaid hearing and shall request that the Planning Board submit to the Board of Appeals its recommendation on said use variance. The Planning Board shall have 30 days in which to meet and submit a recommendation. If they fail to act within this time period, the Board of Appeals may render a decision without such recommendation.
Board of Appeals office. The office of the Village Clerk shall be the office of the Board of Appeals, and every rule, regulation, amendment or repeal thereof and every order, requirement, decision or determination of the Board shall immediately be filed in said office.
Notice of Board hearings. The Board of Appeals shall fix a reasonable time for the hearing of an appeal and give notice thereof to the parties and, not less than 10 days prior to the hearing date, publish such notice at least once in the official newspaper of the Village and decide the same within 62 days after the final hearing. Upon the hearing, any party may appear in person or by agent or by attorney. The Board shall, at least 10 days prior to the date of the hearing, send notice in writing by first class mail to all property owners within 200 feet of the property to be affected by said appeal.
Variances.
Use variances.
A use variance is one which permits a use of land which is prohibited by this chapter. A finding of unnecessary hardship is required to properly grant a use variance. Self-created hardships and economic hardships shall not constitute "unnecessary hardships" as used herein.
Use variance standards--unnecessary hardship. Before the Zoning Board of Appeals may exercise its discretion and grant a use variance on the grounds of unnecessary hardship, the records must address each of the following four criteria:
The land in question cannot yield a reasonable return if used only for a purpose allowed in that zone.
The plight of the owner is due to unique circumstances and not to the general conditions of the neighborhood which may reflect the unreasonableness of this chapter itself.
The use to be authorized by the variance will not alter the essential character of the locality.
The use to be authorized by the variance will not be contradictory or detrimental to the spirit and intent of this chapter.
Area variances. An area variance is one in which the appellant requests relief, usually of a dimensional nature, from area regulations, such as yard requirements, setback lines, lot coverage, frontage requirements and density regulations. An area variance is one which does not involve a use which is prohibited by this chapter. A finding of practical difficulty is required to properly grant an area variance.
Area variance standards--practical difficulty. Before a Zoning Board of Appeals may exercise its discretion and grant an area variance, it must make a determination of practical difficulty. The determination of practical difficulty is a three-step process as follows:
First, the applicant must demonstrate that the application of this chapter to his property causes significant economic injury.
Once the applicant has demonstrated economic injury, the Village must show that the regulation in question is reasonably related to a legitimate exercise of police power.
Last, assuming that the Village has met its burden of proof, the applicant must demonstrate that the restrictions, as strictly applied in his case, are unrelated to public health, safety or welfare of the community and that granting the variance will not adversely affect the community.
Criteria for area variances. In making a determination of practical difficulty, the Zoning Board of Appeals may consider the five criteria listed below:
How substantial the variance is in relation to the zoning requirements.
The effect of the increased population density or land use intensity on available government facilities.
Whether a substantial change will be produced in the character of the neighborhood or whether a substantial detriment to adjoining properties will be created.
Whether the difficulty can be eliminated by some method other than a variance which is feasible for the applicant to pursue.
Whether, in view of the manner in which the difficulty arose and in consideration of the above factors, the interests of justice will be served by allowing the variance.
Minimum relief necessary. The Zoning Board of Appeals should grant the minimum relief necessary to allow reasonable use of the land in question. Not every applicant for an area variance is automatically entitled to receive relief. Each application should be carefully considered against the requirement for proof of practical difficulty. The record must address the reasons why an area variance was granted as it relates to the issue of practical difficulty.
Decisions. With respect to any appeal, the Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises and to that end shall have all the powers of the administrative official (Zoning Enforcement Officer) from whom the appeal is taken. Every Board of Appeals decision shall be by resolution, which shall contain a full statement of the findings of fact in the case, and shall be recorded in the minutes. The Board of Appeals shall render its decision within 62 days after the final public hearing. Such decision shall immediately be filed with the office of the Village Clerk.
Solar access. Pursuant to Chapter 74-2 of the Laws of 1979, the siting of houses to take best advantage of solar energy and/or the construction of residential solar equipment shall be considered in the application of the provisions of this chapter. Upon appeal pursuant to this section of this chapter, the Zoning Board of Appeals shall consider the specific conditions of the case and may make provisions for, so far as conditions permit, the accommodation of solar energy systems and equipment and access to sunlight necessary thereof when hearing a request for an area variance.
§ 215-15 Planning Board.
Organization. The Planning Board shall consist of five members, including a chairperson and a deputy chairperson, all of whom shall be appointed by the Mayor, subject to the approval of the Village Board, whose terms shall be governed by the applicable provisions of New York Village Law. If the Mayor fails to designate a chairperson, the Planning Board may then itself select one.
Powers and duties. Powers and duties of the Planning Board shall be as follows:
Review special use permit. Review, in an advisory capacity, special use permits referred to the Planning Board as set forth in § 215-15.
[Amended 1-27-2021 by L.L. No. 2-2021]
Review use variances. Review, in an advisory capacity, use variances referred to the Planning Board as set forth in § 215-14.
Site plan review. Review and approve, approve with modification or disapprove a site plan in connection with any matter requiring submission of a site plan as set forth in § 215-36.
[Amended 1-27-2021 by L.L. No. 2-2021]
Temporary uses and structures. Grants permits for temporary uses and structures.
The Planning Board may direct the Zoning Enforcement Officer to issue a temporary permit, for a period of time not to exceed 12 months, for incidental nonconforming uses and structures as follows:
Temporary uses incidental to a construction project.
Temporary real estate sales office incidental to a subdivision.
Permits shall be conditioned upon an agreement by the applicant to remove the use upon expiration of the permit.
Permits may be reissued a maximum of one time for an additional period of up to six months.
Other powers and duties. The Planning Board shall have such other powers and duties as are provided by law, including this chapter, or as are otherwise assigned to it by the Village Board.
Procedure for special use permit.
[Amended 1-27-2021 by L.L. No. 2-2021]
Applications for special use permits shall be made in writing on the appropriate form. Four copies of each application, including site plan, shall be submitted to the Zoning Enforcement Officer, who shall review the application for completeness prior to forwarding it to the Village Clerk and the Village Board. One copy shall be retained by the Zoning Enforcement Officer.
Each application shall be referred by the Village Board to the Planning Board for a report, which report shall be rendered prior to the date of the public hearing. A public hearing shall be held by the Village Board before acting on any application for a special use permit. When necessary under § 239 of the General Municipal Law, the Village Board shall forward the application to the County Planning Board for its review. The Village Board shall send, by first class mail, a copy of the notice of hearing to all owners of property situated within 250 feet of the property at least 10 days before the date of the hearing.
Every Village Board decision shall be by resolution, which shall contain in full a statement of the pertinent facts in the case, and shall be recorded in the minutes.
Required plan for special use permit. Four sets of the application and site plan shall be submitted to the Zoning Enforcement Officer to portray clearly the intentions of the applicant. These documents shall become part of the record. Such site plan shall show the locations of all buildings, parking, access and circulations, open space, landscaping and other information necessary to determine that the proposed special use complies with the intent of this chapter.
[Amended 1-27-2021 by L.L. No. 2-2021]
Special use permit. A special use permit may be issued for a use not usually and ordinarily permitted within a district when such use is listed as a use permitted with a special use permit within that specific district. Such special use permit may be issued only when authorized by the Village Board after considering those factors set forth herein, provided that such use is not inconsistent with the public convenience and welfare. Such use shall be subject to conditions and safeguards which may be imposed by the Village Board to protect the use of neighboring properties. Such special use permit shall not be granted if it substantially changes the characteristics of the neighborhood in which the subject property is located. The Zoning Enforcement Officer, at least yearly, shall review the use of the property to determine compliance with any conditions which have been prescribed by the Village Board in issuing such special use permit. Violation of said conditions shall require a review of the permit by the Village Board, which shall have the discretion to revoke said special use permit.
[Amended 1-27-2021 by L.L. No. 2-2021]
Standards applicable for all special use permits.
[Amended 1-27-2021 by L.L. No. 2-2021]
The Village Board may issue a special use permit only after it has found that all the following standards and conditions have been satisfied:
The location and size of such use, the nature and intensity of the operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous and shall be in harmony with the orderly development of the district.
Location, nature and height of buildings, walls and fences will not discourage the appropriate development and use of adjacent land and buildings, nor impair their value.
Operations of any special use shall not be more objectionable to nearby properties than would be operations of any permitted use.
The proposed special use shall not cause noise, vibration, odor, lighting glare and unsightliness so as to detrimentally impact on adjacent properties.
When a commercial or industrial special use abuts a residential property, the Village Board may find it necessary to require screening of sufficient height and density (i.e., fences, hedges, etc.) to reduce or eliminate the conflicting environmental conditions previously mentioned. The Board shall use similar uses found elsewhere in this chapter to specify the type of screening required.
Electrical disturbances shall not be caused so as to disrupt radio or television communications in the immediate area.
The proposed use shall meet the off-street parking and loading requirements of similar uses.
Appropriate on-lot drainage is required to eliminate any potential on-site water-related problems. The drainage systems instituted shall not detrimentally impact on adjacent properties.
Traffic access to and from the site, as well as on-lot, shall be constructed to reduce traffic hazards. The Village Board shall review and approve all such proposals.
All such uses shall be attractive landscaped. This shall involve grading, seeding and regular mowing of the front yard area at a minimum.
No special use permit shall be issued for a use on a property where there is an existing violation of this chapter.
As a condition of all special permits, right of entry for inspection with reasonable notice shall be provided to determine compliance with the conditions of said permit.
As a condition of all special permits, a time limitation may be imposed.
In addition to the general standards for special permits as set forth above, the Village Board may, as a condition of approval of any such use, establish any other additional standards, conditions and requirements, including a limitation on days or hours of operation, as it may deem necessary or appropriate to promote the public health, safety and welfare and otherwise implement the intent of this chapter.
§ 215-15.1 Alternative member positions: Planning Board, Zoning Board of Appeals.
[Added 11-28-2001 by L.L. No. 3-2001]
Purpose. This section is enacted by the Village Board of the Village of LeRoy pursuant to the provision of § 10 of Municipal Home Rule Law to establish alternate member positions for the Planning Board and Zoning Board of Appeals (ZBA). The purpose of these alternate members' positions is for the purpose of substituting for a regular member in the event such member is unable to participate for any reason (i.e., conflict of interest, injury, illness, unavailable due to conflicts such as work, vacation or other personal reasons).
Title. This section shall be known as "The Village of LeRoy Alternate Member Position Law."
Appointment. Alternate members to the Planning Board or the ZBA shall be appointed by resolution of the Village Board to serve a term of office of five years. All provisions of the Village Zoning Law and various other rules, regulations and local laws applicable to regular members of the Planning Board or ZBA (training and continuing education, attendance, conflict of interest, compensation, vacancy in office, removal, service on other boards, etc.) shall also apply to the alternate member(s) of each respective board. Only two alternate member positions shall be permitted to a board.
Designation by Chairperson and service. The Chairperson, or Vice Chairperson in his or her absence, of the Planning Board or the ZBA may designate an alternate member to substitute for a regular member when such member is unable to participate for one of the reasons set forth in Subsection A. When so designated, the alternate member shall possess all the powers and responsibilities of such member of the board. Such designation shall be entered into the minutes of the initial meeting at which the substitution is made.
§ 215-16 Violations.
It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, equip, use or occupy any land, building or structure or part thereof in a manner not permitted by an approved zoning permit or certificate of compliance.
Notice of violation.
Any person violating any provision of this chapter shall be served by the Zoning Enforcement Officer with a written notice of violation and correction order stating the nature of the violation found to exist, the remedy ordered and providing a time limit for the satisfactory correction thereof. The notice of violation shall further inform the violator of his right to appeal the Zoning Enforcement Officer's administrative action to the Zoning Board of Appeals.
Service of the notice of violation and correction order shall be sufficient if directed to the owner, operator or occupant of a residence, commercial or industrial facility, as the case may be, violating this chapter. Service of the final notice of violation and correction order shall be made personally upon the alleged violator or by certified mail, return receipt requested. If said violator cannot be found with due diligence, service of said notice of violation and correction order shall be sufficient if service is completed by delivering the same to a person of suitable age or discretion at the actual residence, commercial or industrial facility at which said violation is occurring and by mailing the notice to the person to be served at his last known residence or business address or, where service cannot otherwise by made with due diligence, by affixing said notice of violation and correction order to the door of the residence, commercial or industrial facility at which said violation is occurring and by mailing said notice to such person at his last known residence or place of business. It shall be unlawful for any person to fail to comply with a written notice of violation and correction order of the Zoning Enforcement Officer within the time fixed for compliance therewith.
[Amended 11-18-1998 by L.L. No. 3-1998]
It shall be unlawful for any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents, or for any person taking part of assisting in the construction, repair or use of any land, building or structure, to violate any of the applicable provisions of this chapter or any lawful order, notice, directive, permit or certificates of the Zoning Enforcement Officer made hereunder.
Any violation of this section and/or this chapter shall be punishable by a fine and/or imprisonment as set forth in New York Village Law. Each and every day such violation continues shall be deemed a separate and distinct violation.
The Zoning Enforcement Officer may, with permission of the Village Administrator or Attorney, institute court action to enforce the provisions of this chapter or may refer the matter to the Village Board for its action.
Any person violating any provision of this chapter shall be liable to the Village for any and all losses, damages and expenses incurred by the Village or for which the Village may be held liable as a result of said violation. The Village or Zoning Enforcement Officer shall have the right to obtain reimbursement for any loss, damage or expense incurred by it as a result of any violation of this chapter, including but not limited to attorney's fees and court costs incurred as a result of any legal proceedings brought hereunder.
Nothing contained in this chapter shall prevent the Village, either alone or in conjunction with the foregoing penalties, from maintaining an action or proceeding in the name of the Village or Zoning Enforcement Officer in any court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of any provision of this chapter.
§ 215-17 Complaint of violation.
Whenever a violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints must be in writing, signed, and shall be filed with the Zoning Enforcement Officer who shall properly record such complaint and immediately investigate it. Where the Zoning Enforcement Officer finds such violation, he shall take appropriate action and/or submit the results of his investigation in writing to the Village Board if action by them is required.
§ 215-18 Procedure for amendment.
The Village Board may, from time to time, on its own motion, on petition, or on recommendation of the Planning Board, amend, supplement or repeal the regulations and provisions of this chapter after official notice has been given and a public hearing has been held by the Village Board as required by law.
Each petition requesting a change of zoning regulations or district boundaries shall be typewritten, signed by the owner and filed in triplicate, accompanied by the required fee.
Every such proposed amendment shall be referred to the Planning Board for a report prior to any public hearing.
Prior to adoption by the Village Board, a proposed amendment may, in the proper case, have to be referred to the County Planning Board pursuant to law.
In case of a written protest against such change signed by the owners of land totaling 20% or more within a specified area, either of the area of the land included in such proposed change or of that immediately adjacent extending 100 feet therefrom or of that directly opposite thereto, extending 100 feet from the street frontage of such opposite land, such amendment shall not become effective except by the favorable vote of at least 3/4 of the members of the Village Board.
§ 215-19 Remedies.
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is divided into lots, blocks or sites in violation of this act, or of any zoning law or other regulation made under authority conferred thereby, the proper local authorities of the Village, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, use or division of land to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. All issues in any action or proceeding for any of the purposes herein stated shall have preference over all other civil actions and proceedings.
§ 215-20 State Environmental Quality Review (SEQR).
The State Environmental Quality Review Act (SEQRA) requires that local government examine the environmental impact of all actions they permit, fund or construct. Article 8 and Part 617 of Title 6 of the New York Code of Rules and Regulations (8 NYCRR Part 617) sets forth the State Environmental Quality Review (SEQR) regulations in detail and should be reviewed for compliance prior to undertaking any of the above-mentioned activities.
Determination of lead agency.
As set forth in 8 NYCRR Part 617, determination of lead agency status is one of the initial steps in the SEQR process. When the Village is designated lead agency for a particular zoning action, the following boards (agencies) may typically be the lead agency for the actions identified as follows:
Action | Lead Agency | |
|---|---|---|
Zoning text amendment | Village Board | |
Zoning district amendment | Village Board | |
Special permit | Planning Board | |
Zoning permit (if necessary) | Planning Board | |
Variance | Zoning Board of Appeals |