Lyons Town City Zoning Code
PART 4
Administration and Enforcement
§ 300-4.1 Code Enforcement Officer.
There is hereby established the office of Code Enforcement Officer. He is hereby given the power, duty and authority to enforce the provisions of this chapter and any other laws or regulations as directed by the Town Board. He or she shall have the power to make inspections of buildings and premises necessary to carry out his or her duties in the enforcement of this chapter. He or she shall examine all applications for permits, issue permits for the construction, alteration, enlargement and occupancy of all uses which are in accordance with the requirements of this chapter, record and file all applications for permits with accompanying plans and documents and make such reports as may be required.
§ 300-4.2 Building permits.
A.
Purpose. To ensure compliance with the provisions of this chapter, no person shall erect, alter, convert or demolish any structure or building, or part thereof, nor alter the use of any land subsequent to the adoption of this chapter until a building permit has been issued by the Code Enforcement Officer.
B.
Permitted uses. Unless otherwise specified herein, all applications for permitted uses shall be accompanied by plans, in duplicate, drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the exact size and location of any building and accessory buildings, sign, parking or loading area or other physical feature and such other information as may be necessary to determine and provide for enforcement of this chapter.
C.
Special permitted uses. All applications for uses requiring a special permit shall be accompanied by plans and other such information as may be required by the Zoning Board of Appeals or Planning Board in accordance with this chapter.
D.
Water supply and sewage disposal. All water supply and sewage disposal installations that are not connected to public systems shall conform with New York State Department of Health regulations. No plot plan shall be approved by the Code Enforcement Officer or Planning Board in any district unless such conformity is certified on the plan.
E.
Issuance of permits.
(1)
It shall be the duty of the Code Enforcement Officer to issue a building permit, provided he or she is satisfied that the structure, building, sign, parking area, and the proposed use thereof, conform with all requirements of this chapter, and that all other reviews and actions, if any, called for in this chapter have been complied with and all necessary approvals secured therefor.
(2)
All building permits shall be issued in duplicate and one copy kept conspicuously on the premises affected and protected from the weather whenever construction work is being performed thereon. No owner, contractor, workman or other person shall perform any building operations of any kind unless a building permit covering such operation has been displayed as required by this chapter, nor shall they perform building operations of any kind after notification of the revocation of said permit.
F.
Denial of permits. When the Code Enforcement Officer is not satisfied that the applicant's proposed development will meet the requirements of this chapter, he shall refuse to issue a building permit and the applicant may appeal to the Zoning Board of Appeals for a reversal of the inspector's decision.
G.
Expiration of building permit. Construction for which a permit is issued shall be commenced within six months of the date of issuance of the permit and completed within 15 months of date of issuance. After such time, a building permit shall expire. Upon expiration of a permit, application may be made for a new permit, which shall be issued upon payment of the established fee and shall be valid for a period of six months from the date of issuance.
H.
Revocation of permits. If it shall appear, at any time, to the Code Enforcement Officer that the application or accompanying plan is in any material respect false or misleading, or that work is being done upon the premises differing materially from that called for in the application filed with him under existing laws or ordinances, he may forthwith revoke the building permit, whereupon it shall be the duty of the person holding the same to surrender it and all copies thereof to the Code Enforcement Officer. After the building permit has been revoked, the Code Enforcement Officer may, in his discretion, before issuing the new building permit, require the applicant to file an indemnity bond in the favor of the Town of Lyons with sufficient surety conditioned for compliance with this chapter and all building laws and ordinances then in force and in a sum sufficient to cover the cost of removing the building if it does not so comply.
§ 300-4.3 Certificates of occupancy and compliance.
A.
No land, building or structure hereafter used, constructed, extended or altered to an extent which would require the issuance of a building permit shall continue to be used or occupied for more than 10 days after completion of the work unless a certificate of occupancy or compliance shall have been issued by the Code Enforcement Officer, stating that the structures or use thereof complies with the provisions of this chapter.
B.
All certificates of occupancy shall be applied for coincident with the application for a building permit. Said certificate will be issued after the erection or alteration shall have been approved by the Code Enforcement Officer as complying with the provisions of this chapter.
C.
A certificate of occupancy shall certify that the work has been completed and that the proposed use and occupancy are in conformity with the provisions of the applicable building, housing, and zoning laws, ordinances and regulations. The certificate shall specify the use or uses and the extent thereof to which the building or structure or its parts may be put. Each certificate of occupancy shall bear a certificate number, date of issuance, zoning district, street name and number, and other pertinent information.
D.
Upon request, the Code Enforcement Officer may issue a temporary certificate of occupancy or compliance allowing occupancy of a building or structure or parts thereof before the entire work covered by the building permit has been completed, provided that such portions as have been completed may be occupied safely without endangering public safety or welfare. A temporary certificate of occupancy shall remain valid for a period not exceeding 30 days from the date of issuance; except that, for good cause, the Code Enforcement Officer may allow up to two extensions for periods not exceeding 30 days each.
§ 300-4.4 Zoning Board of Appeals.
A.
Establishment. Pursuant to the provisions of Town Law § 267 (Article 16, Chapter 62 of the Consolidated Laws of the State of New York), a Board of Appeals is hereby established in the Town of Lyons.
B.
Appointment. The Board of Appeals shall consist of five members to be appointed by the Town Board as needed from time to time. Members shall be appointed for terms of five years and shall be subject to reappointment at the annual organizational meeting.
C.
Appointment of officers; rules; meetings. The Town Board shall appoint a Chairman. The Board of Appeals shall adopt rules and regulations consistent with law or ordinance. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. The presence of four members shall constitute a quorum. The Chairman, or in his or her absence, the acting Chairman, may administer oaths and compel the attendance of witnesses.
D.
General grant of power. The Board of Appeals shall perform all the duties and have all the powers prescribed by the laws of the State of New York and as herein described.
E.
Votes necessary for a decision. The Board of Appeals shall act by resolution. The concurring vote of a majority of the members of the Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of the Code Enforcement Officer or to decide in favor of the applicant on any matter upon which it is required to pass under the terms of this chapter or to effect any variation of this chapter. However, in the event that the situation was referred to the Wayne County Planning Board as required by General Municipal Law § 239-l and § 239-m (Chapter 24, Article 12-B of the Consolidated Laws of the State of New York) and the Wayne County Planning Board disapproves the proposal or recommends modification thereof, the Board of Appeals shall not act contrary to such disapproval or recommendation except by a vote of a majority plus one of all the members thereof and after the adoption of a resolution setting forth the reason for the contrary action.
F.
Hearings open to the public. Hearings of the Board of Appeals shall be public. The Board shall keep minutes of its proceedings, showing the action of the Board and the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its inspections and other official actions, all of which shall be a public record.
G.
Powers and duties. The Board of Appeals shall have all the powers and the duties prescribed by law and by this chapter, which powers and duties are summarized and more particularly specified as follows, provided that none of the following subsections shall be deemed to limit any power of the Board of Appeals that is conferred by law. In exercising its powers, the Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as in its judgment ought to be made in accordance with the provisions of this chapter and pursuant to the Consolidated Laws of the State of New York.
(1)
To hear and decide appeals where it is alleged that error or misinterpretation in any order, requirement, decision, grant or refusal made by the Zoning Inspector or other administrative official in the carrying out or enforcing of the provisions of this chapter or any law pursuant thereto.
(2)
To hold public hearings, as required and as may be permitted by this chapter.
(3)
To issue special use permits for any of the uses for which this chapter requires the obtaining of such permits from the Board of Appeals.
(4)
To issue use variances where there is unnecessary hardship created by carrying out the strict letter of this chapter as to the permitted use of a building or land. The Board of Appeals shall have the authority to vary or modify the use regulations so that the spirit of the law shall be preserved. No use variance shall be granted by the Zoning Board of Appeals, however, unless it finds that, after a public hearing, the standards for a use variance as established by New York State Town Law have been met.[1]
[1]
Editor's Note: See Town Law § 267-b, Subdivision 2.
(5)
To issue area variances where there are practical difficulties or special conditions which make regulations governing lot size, yard size, building height, or other regulations not specifically related to use of land or buildings unreasonable or impossible to comply with. The Board of Appeals shall have the authority to vary or modify the area regulations so that the spirit of the law shall be preserved. No area variance shall be granted by the Zoning Board of Appeals, however, unless it finds that, after a public hearing, the standards for an area variance as established by New York State Town Law have been met.[2]
[2]
Editor's Note: See Town Law § 267-b, Subdivision 3.
(6)
Upon appeal from a decision by the Zoning Inspector, to decide any question involving the interpretation of any provision of this chapter; and where uncertainty exists as to the boundaries of any zone district, the Board of Appeals shall, upon written application or upon its own motion, make such interpretation.
(7)
To refer to the Planning Board such matters as required by this chapter and any other pertinent matters for review and recommendations and defer any decision thereon for a period of not more than 30 days pending a report from the Planning Board. Upon failure to submit such report, the Planning Board shall be deemed to have approved the application or appeal.
(8)
To grant, after due notice and hearing, the temporary occupancy and use of a structure in any district for a purpose that does not conform with the district requirements, provided that such use is truly of a temporary nature, and subject to any reasonable conditions and safeguards which the Board of Appeals may impose to minimize any injurious effect upon the neighborhood or to protect contiguous property. The approval by the Board of Appeals and any permit based thereon shall not be granted for a period of more than 12 months and shall not be renewable more than once and then for a period of not more than 12 months.
H.
The Zoning Board of Appeals may adopt rules and regulations in respect to procedures before it and in respect to any subject matter over which it has jurisdiction under this chapter or any statute after public hearing by such Board and subject to the approval of the Town Board.
§ 300-4.5 Planning Board.
A.
The Board of Appeals shall refer to the Planning Board all applications for special uses, and any other applications or appeals, which in its opinion require review by the Planning Board.
B.
The Planning Board shall review such applications in accordance with § 300-4.7 of this chapter.
C.
The Planning Board may approve, disapprove, or approve subject to conditions or modifications and shall report its findings to the Board of Appeals within 30 days of receipt thereof; such report shall state all recommended conditions and modifications and reasons for such approval or disapproval.
§ 300-4.6 Notification of adjoining municipalities.
Where a public hearing is held to consider the issuance of a proposed special use permit or the granting of a use variance on property that is within 500 feet of an adjacent municipality, site plan review and approval on property that is within 500 feet of an adjacent municipality, or a subdivision review and approval on property that is within 500 feet of an adjacent municipality, the Planning Board shall give notice of the public hearing to any adjacent municipality within 500 feet of the proposed development in accordance with § 239-nn of the General Municipal Law. The adjacent municipality may appear and be heard.
§ 300-4.7 Appeals to Zoning Board of Appeals.
A.
Procedure for appellant.
(1)
An appeal to the Board of Appeals from any ruling of any administrative officer administering any portion of this chapter may be taken by any person aggrieved, or by an officer, board or bureau of the Town affected thereby, within 60 days after the filing of any order, requirement, decision, interpretation or determination of the administrative official. Such appeal shall be taken by filing with the Code Enforcement Officer and the Board of Appeals a notice of appeal specifying the grounds therefor.
(2)
All applications and appeals made to the Board of Appeals shall be in writing on forms prescribed by the Code Enforcement Officer. Every application or appeal shall refer to the specific provision of this chapter, and shall exactly set forth the interpretation that is claimed, the plans for a special use or the details of the variance that is applied for, in addition to the following information:
(a)
The name and address of the applicant or appellant.
(b)
The name and address of the owner of the property to be affected by such proposed change or appeal.
(c)
A brief description and location of the property to be affected by such proposed change or appeal.
(d)
A statement of the present zoning classification of the property in question, the improvements thereon and the present use thereof.
(e)
A reasonably accurate description of the present improvements, and the additions or changes intended to be made under this application, indicating the size of such proposed improvements, material and general construction thereof. In addition, there shall be a plot plan of the real property to be affected, indicating the location and size of the lot and size of improvements thereon and proposed to be erected thereon.
B.
Procedure for Code Enforcement Officer.
(1)
In any case where a permit has been granted or denied by the Code Enforcement Officer, the notice of appeal shall be filed within such time as shall be prescribed by the Board of Appeals under general rule after notice of such action granting or denying the permit has been mailed to the applicant. The Code Enforcement Officer shall forthwith transmit to the Board of Appeals all papers constituting the record upon which the action appealed from was taken, or in lieu thereof certified copies of said papers.
(2)
The Code Enforcement Officer may recommend to the Board of Appeals a modification or reversal of his action in cases where he or she believes substantial justice requires the same but where he has not himself sufficient authority to grant the relief sought.
C.
Procedure for the Board of Appeals. The Board of Appeals shall decide each appeal within a reasonable time. At the hearing, any party may appear in person or be represented by an agent or attorney. The Board of Appeals' decision shall be immediately filed in its office and be a public record. In the exercise of its functions upon such appeals or exceptions, the Board of Appeals may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from or may make such order, requirement, decision or determination in accordance with the provisions thereof.
D.
Expiration of appeal decision. Unless otherwise specified by the Board of Appeals, a decision on any appeal or request for a variance shall expire if the applicant fails to obtain any necessary building permit or comply with the conditions of said authorized permit within six months from the date of authorization thereof.
E.
Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Code Enforcement Officer certifies to the Board of Appeals, after the notice of appeal shall have been filed, that by reason of facts stated in the certificate the stay would, in his or her opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed other than by a restraining order, which may be granted by the Board of Appeals or by a court of competent jurisdiction.
F.
Appeal from decision of Board of Appeals. All decisions of the Board of Appeals are subject to court review in accordance with applicable laws of the State of New York.
G.
Public hearings and notice. The Board of Appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it and give public notice thereof by the publication in the official paper of the Town of Lyons of a notice of such hearing at least five days prior to the date thereof and shall, at least five days before such hearing, mail notices thereof to the following officials, persons and owners of properties involved in accordance with the requirements of Town Law § 267 (Article 16 of the Consolidated Laws of the State of New York):
(1)
In the case of an appeal alleging error or misinterpretation in any order or other action by the Code Enforcement Officer, the following persons shall be notified: the inspector, the appellant and the person or persons, if any, who benefit from the order, requirement, decision or determination.
(2)
In the case of an appeal for a variance or in the case of an application for a special use permit, as provided for in this chapter, the following persons shall be notified: all owners of property within a radius of 300 feet of the nearest line of the area for which the variance or special use is sought.
H.
Referral to Wayne County Planning Board. Before final action is taken on any variance or special permit affecting real property within 500 feet of the boundary of the Town of Lyons or from the boundary of any existing or proposed county or state park or other recreational area, or from the right-of-way, thruway, expressway, road or highway or from the existing or proposed right-of-way of any stream, or drainage channel owned by the county for which the county has established channel lines, or from the existing or proposed boundary of any state-owned land on which a public building or institution is situated, or from the boundary of a farm operation located in an agricultural district, as defined by Article 25-AA of the Agriculture and Markets Law (except this shall not apply to the granting of area variances), such matter shall be referred to the Wayne County Planning Board for report and recommendation. If the County Planning Board fails to make such report within 30 days after receipt of a full statement of such referred material, the Board of Appeals may act without such report. If the Wayne County Planning Board disapproves the proposal or recommends modifications thereof, the Board of Appeals shall not act contrary to such disapproval or recommendation except by a vote of a majority plus one of all members thereof and after the adoption of a resolution setting forth the reason for the contrary action.
I.
Adjournment of hearing. Upon the day for hearing any application or appeal, the Board of Appeals may adjourn the hearing for a reasonable period for the purpose of causing such further notice as it deems proper to be served upon such other property owners as it decides may be interested in said application or appeal.
J.
Required interval for hearings on applications and appeals after denial. Whenever the Board of Appeals, after hearing all the evidence presented upon an application or appeal, under the provisions of this chapter, denies the same, the Board of Appeals shall refuse to hold further hearings on the application or appeal or a substantially similar application or appeal by the same applicant, his successor, or assign for a period of one year, except and unless the Board of Appeals shall find and determine from the information supplied by the request for rehearing that changed conditions have occurred relating to the promotion of the public health, safety, convenience, comfort, prosperity, and general welfare, and that a reconsideration is justified. Such rehearing would be allowable only upon a motion initiated by a member of the Board of Appeals and adopted by the unanimous vote of the members present, but not less than a majority of all members.
§ 300-4.8 Fees.
A.
Fees for the following, in amounts set from time to time by the Town Board by resolution, shall be paid at the office of the Code Enforcement Officer upon the filing of an application for a building permit:
(1)
Occupancy permit, demolition permit.
(2)
Appeal for variance and special permit.
(3)
Rehearings on applications and appeals.
(4)
Reclassification or amendment to zoning law.
(5)
New residential construction.
(6)
Added decks, patios, porches, garages, breezeways, fences and other miscellaneous accessory structures and residential additions.
(7)
Alterations.
(8)
Commercial and industrial buildings and additions.
(9)
Agricultural buildings and additions.
(10)
Swimming pools.
(11)
New installation and replacement mobile homes (single-wide and double-wide).
(12)
Double-wide mobile home replacement, from single-wide.
(13)
Home occupation permits.
(14)
Sign permits.
(15)
Installation of solid-fuel-burning appliance/chimney.
(16)
New or replacement septic system.
(17)
Any permit renewal.
(18)
Review of subdivision preliminary plans.
B.
In any situation where a fee is to be paid, and it is paid after the due date, or is paid after construction has commenced, there shall also be imposed a surcharge equal to 100% of the fee, or $25, whichever amount is greater. The surcharge fee cannot be waived by the Zoning Officer.
§ 300-4.9 Unlawful practices.
It shall be unlawful for any person, firm or corporation to construct, alter, repair, remove, move, demolish, equip, use, occupy or maintain any building, structure, land or portion thereof in violation of any provision of this chapter or fail in any manner to comply with any notice, directive or order of the Code Enforcement Officer or to construct, alter or use and occupy any building, structure, land or part thereof in a manner not permitted by an approved building permit or certificate of occupancy.
§ 300-4.10 Discovery of violations.
The Code Enforcement Officer shall determine the existence of violations of the provisions of this chapter through such investigations as he or she shall conduct pursuant to the issuance of building permits and certificates of occupancy and through the prompt investigation of such written complaints as are filed with him or her by persons having reason to believe that such violations exist. The Code Enforcement Officer may also determine the existence of such violations by means of investigations conducted at his or her own initiative.
§ 300-4.11 Abatement of violations.
A.
Whenever it is found that there has been a violation of this chapter or any rule or regulation adopted pursuant to this chapter, a violation notice and/or appearance ticket may be issued to the person, individual, partnership or corporation owning, operating or maintaining the premises in which such violation has been noted.
B.
Violation notices shall be in writing, shall identify the property or premises, shall specify the violation or remedial action to be taken and shall provide that said violation must be corrected within 10 days from receipt of said violation notice unless said ten-day period shall be modified in the discretion of the enforcement officer issuing such violation notice, or unless a shorter or longer period of time has been prescribed in this chapter.
C.
Violation notices and other orders or notices referred to in this chapter shall be served on the person committing or permitting such violation or on the owner, or one of the owner's executors, legal representatives, agents, lessees, any tenant or other person occupying the premises, or other person having a vested or contingent interest in the premises, either personally or by certified mail, addressed to the last known address, if any, of such owner, tenant, or occupant, as shown by the last preceding completed record of the Receiver of Taxes or in the office of the County Clerk.
D.
The Code Enforcement Officer shall have the authority, pursuant to the Criminal Procedure Law, to issue an appearance ticket subscribed by him, directing a designated person to appear in court at a designated time in connection with the commission of a violation of this chapter or any order made thereunder.
§ 300-4.12 Penalties for offenses.
A.
Any person, firm or corporation who or which fails to comply with or violates any provision of this chapter shall be guilty of an offense punishable as follows:
(1)
For the first offense, a fine of not less than $50 nor more than $350 or imprisonment for up to six months, or both.
(2)
For the second offense within five years, a fine of $350 to $700 or imprisonment for up to six months, or both.
(3)
For the third or subsequent offense within five years, a fine of $700 to $1,000 or imprisonment for up to six months, or both.
B.
Each week such violation continues shall constitute a separate violation, and the imposition of such penalty shall not be held to prohibit the enforced removal of prohibited conditions by any appropriate remedy, including immediate application for an injunction.
§ 300-4.13 Town Board authority.
The Town Board may from time to time on its own motion, or on petition, or on recommendation of the Planning Board, amend, supplement, or repeal the regulations and provisions of this chapter, after public notice and hearing.
§ 300-4.14 Review by Planning Board.
Every such proposed amendment or change, whether initiated by the Town Board or by petition, shall be referred to the Planning Board for report prior to scheduling the public hearing hereinafter provided for. If the Planning Board shall fail to file such report within a reasonable time, it shall be conclusively presumed that the Planning Board has approved the proposed amendment, supplement, or change.
§ 300-4.15 Referral to Wayne County Planning Board.
All amendments to this chapter which would change the district classification or the regulations applying to real property lying within a distance of 500 feet from the boundary of the Town of Lyons or the boundary of any existing or proposed county or state park or other recreational area, or from the right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway, or from the right-of-way of any existing or proposed stream or drainage channel owned by the county for which the county has established channel lines, or from the existing or proposed boundary of any county or state-owned land on which a public building or institution is situated, or from the boundary of a farm operation located in an agricultural district, as defined by Article 25-AA of the Agriculture and Markets Law (except this shall not apply to the granting of area variances) shall be referred to the Wayne County Planning Board. If the Wayne County Planning Board fails to report within 30 days after receipt of a full statement of such referred matter, the Town Board may act without such report. If the Wayne County Planning Board disapproves of the proposed amendment, supplement, change or modification, or recommends modification of the proposal of the Town of Lyons, the Town Board shall not act contrary to such disapproval or recommendation except by a vote of a majority plus one of all the members thereof and after the adoption of a resolution fully setting forth the reasons for such contrary act.
§ 300-4.16 Public notice and hearing.
The Town Board, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed amendments and cause notice to be given as follows:
A.
Public notice. By publishing a notice at least 10 days in advance of such hearing in the official newspaper of the Town of Lyons; such notice shall state the general nature of the proposed amendment in such reasonable detail as will give adequate notice of its contents, and shall name the place or places where copies of the proposed amendment may be examined.
B.
Opportunity to be heard at hearing. At the public hearing, full opportunity to be heard shall be given to any citizen and all parties in interest.
C.
Written notice. A written notice of any proposed change or amendment affecting property within 500 feet of the boundaries of any village, town or county shall be given to the clerk of such municipality and to the Clerk of the Board of Supervisors at least 10 days before such hearing.
D.
Personal notice.
(1)
A copy of such notice shall be mailed to every association of residents of the Town which has registered its name for this purpose with the Town Clerk.
(2)
A written notice of any proposed change or amendment affecting property within 500 feet of the boundary of any state park shall be given to the regional State Park Commission having jurisdiction over such state facility at least 10 days prior to the date of such public hearing.
§ 300-4.17 Adoption after protest.
In case of an adverse recommendation against any proposed amendment by the Planning Board or in the case of a protest signed by the owners of 20% or more of the area of: 1) the land included in such proposed change; 2) the land immediately adjacent extending 100 feet therefrom; or 3) the land directly opposite thereto extending 100 feet from the street, road or highway frontage of such opposite land, such amendment shall not become effective except by favorable vote of at least four members of the Town Board.