Malta City Zoning Code
ARTICLE IX
Administration
§ 167-36 Interpretation; conflict with other provisions.
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety or the general welfare. Wherever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinance, the most restrictive or that imposing the higher standards shall govern.
§ 167-37 Enforcement; fees.
A.
Code Enforcement Officer. This chapter shall be enforced by a Code Enforcement Officer or Assistant Code Enforcement Officer, who is appointed by the Town Board and whose duty is to:
(1)
Issue building permits and certificates of occupancy where compliance is made with the provisions of this chapter and, except on written order of the Board of Appeals, refuse to issue the same in event of noncompliance, giving prompt written notice of such refusal and the reason therefor to the applicant.
(2)
Keep the Zoning Board of Appeals advised of all matters other than routine duties pertaining to the enforcement of this chapter and keep all records necessary and appropriate to this office and file them in the office of the Town Clerk, including records of all permits and certificates of occupancy issued or withheld.
(3)
Submit a report each month to the Town Board enumerating the applications received and stating the action taken.
(4)
Investigate all complaints which are brought to his attention and, if he finds violations to exist, notify offending persons, in writing, of such violations in accordance with the provisions of § 167-39; in the absence of an exception granted to such person in violation by the Board of Appeals, the Inspector shall file a legal complaint against the offending person.
B.
Building permit. There shall be submitted with each application for a building permit, by the owner of the real property or the owner's designee, two complete sets of all information necessary to enable the Code Enforcement Officer to determine whether the proposed building and use of the premises comply with the provisions of this chapter, including two sets of a grading and drainage plan for the subject premises, which shall be reviewed by the Town Code Enforcement Officer, and, in the sole discretion of the Town Code Enforcement Officer, if the grading and drainage plan must be reviewed by the Town Engineer, and/or the advice of the Town Engineer obtained concerning said grading and drainage plan, the cost of such review and such advice shall be paid for by the applicant. If an architect/engineer stamp is required, one set of plans shall have the original stamp and signature with the second set having a copy. One set of the submitted information, together with a building permit, shall be returned to the applicant when approval is granted by the Code Enforcement Officer or by the Zoning Board of Appeals, when its approval is necessary, and upon payment of a fee as set forth by the Town Board. For residential construction, a complete set of plans shall include a plot plan, construction plans, electrical layout, plumbing layout, window schedule with glass and opening sizes and a New York State energy audit. Additional information may be required. For commercial construction, a complete set of plans shall include the same material as for residential construction, and, in addition, a plan detailing the handicap accessibility of the project. All applications for work being done by someone other than the property owner shall be accompanied by a certificate of insurance showing proof of liability by the contractor(s). If a current certificate is already on file with the Building Department, an additional submission is not necessary. Each building permit issued by the Code Enforcement Officer shall expire per the following schedule unless such period is extended by the Zoning Board of Appeals for good cause shown by the applicant:
Type of Permit | Length of Active Permit | |
|---|---|---|
Residence | 2 years | |
Commercial | 2 years | |
Addition, alteration | 1 year | |
Pool, deck, shed, porch | 1 year | |
Mobile home | 6 months | |
Wood stove, fireplace | 6 months | |
Sign | 6 months | |
Garage, barn, carport | 1 year | |
Others | 2 years |
C.
Certificate of occupancy. A certificate of occupancy shall be issued within 10 days after any building erected, added to, altered or relocated or any proposed change in use of any building or land shall have been approved as complying with the provisions of this chapter. Any new certificate of occupancy voids any certificate of a prior date for the same premises.
D.
Conditional certificate of occupancy. After review and under such rules and regulations as may be established by the Board of Appeals and filed with the Town Clerk, a conditional certificate of occupancy for not more than one year may be issued by the Code Enforcement Officer. The Board of Appeals shall have the right to revoke any conditional certificate at its own discretion. Such a certificate shall be required for:
(1)
Unfinished structures, including cellars.
(2)
Land for the purpose of temporary amusements, provided that such use shall not be detrimental to the community welfare.
(3)
Mobile homes not associated with mobile home parks; the Board of Appeals may, after public notice and hearing, authorize the Code Enforcement Officer to issue a renewal of said conditional certificate of occupancy for a period of not more than one additional year.
E.
Special inspections by the Code Enforcement Officer. The Code Enforcement Officer shall undertake any inspections which shall be required by any local or state law, regulations or ordinance to be done by the Code Enforcement Officer, including but not limited to inspections of schools, small outbuildings, decks, garages, septic systems, fireplaces and wood stoves.
§ 167-38 Zoning Board of Appeals.
A Zoning Board of Appeals is hereby continued. Said Board shall consist of seven members, together with two alternates (serving at the pleasure of the Town Board), who are residents of the Town of Malta and who are appointed by the Town Board, which shall also designate the Chairman. The seven members shall serve terms of five years in accordance with the original date of appointment by the Town Board. The Board of Appeals shall have all the power and duties prescribed by law and by this chapter. The Town Board shall so make appointments that, at all times and insofar as is possible, the membership of such Zoning Board of Appeals shall be representatives of the major land users of the Town which may include, according to the judgment of the Town Board, such types of use as residential, farming, retail business or commercial. A survey, duly certified by a surveyor licensed to do business in the State of New York, may be required by the Board of Appeals from any applicant applying to the Board for a variance, special use permit or interpretation.
A.
Interpretation. Upon appeal from a decision by the Code Enforcement Officer, the Board of Appeals shall decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary if there is uncertainty with respect thereto.
B.
Variances. In passing upon use variances and area variances, the actions permitted by the Board of Appeals shall be as set forth in Article 16 of the Town Law of the State of New York as said article may be amended from time to time.
C.
The Board of Appeals shall set a reasonable time for the public hearing of an appeal or other matter referred to such Board and shall give notice in the Town's official newspaper of such hearing at least five days prior to the date of such hearing, and with respect to any application as herein set forth, notice shall be given at least 10 days prior to such hearing by certified or registered mail to certain officials, persons and owners of properties involved in accordance with requirements of § 267 of the Town Law as follows:
(1)
Notification requirements. In the case of an appeal alleging error or misinterpretation in any order or of an action by the Code Enforcement Officer, the following persons shall be notified: the Code Enforcement Officer, the appellant and the person or persons, if any, who would be aggrieved by the order, requirements, regulation or determination; in the case of an appeal or other matter referred to such Board, all owners of property which is contiguous, abutting or adjacent to or which is situate across an established road from the actual or proposed boundary lines of the property which is the subject of the appeal or other matter so referred, and to such other property owners as the Board of Appeals may direct. The applicant shall be required to determine the names and addresses of such owners, and the applicant shall thereupon advise the Building and Planning Department, which shall notify such persons of the appeal by certified or registered mail.
(2)
Adjournment of hearing. The Board of Appeals may, in its discretion, 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 determined by the Board of Appeals.
§ 167-38.1 Special use permits.
A.
Each zoning district has a list of uses that require a special use permit prior to instituting the use. These uses are not exceptions to the Zoning Chapter, but instead are uses to which certain conditions may be attached. The review board, which shall be the Town of Malta Planning Board, after due public notice and hearing, can impose conditions to mitigate items that could be detrimental to the health, safety and welfare of neighbors and the community.
B.
(Reserved)
C.
Special uses are those uses that will have a special impact or unique form which requires a case-by-case review to determine if the proposed specific use will conform to the Town's Master Plan, as well as the vision of the neighborhood in which the use is proposed. In reaching a determination on a special use permit application, the Planning Board shall take into consideration such concerns as the specific location, design, configuration and impact to others, together with the criteria set forth below. After due public notice and hearing the Planning Board may issue a special use permit for the uses for which this chapter requires the obtaining of such permit from said Board. The Planning Board may approve a special use permit only if the proposed use:
(1)
Is listed as a permitted special use in the appropriate zoning district;
(2)
Conforms to the standards and design requirements specified in the Code and the Master Plan for that particular zone;
(3)
Will not have an undue adverse effect upon adjacent property, the character of the neighborhood and surrounding areas, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety, welfare or convenience of the public;
(4)
Will not create operations or uses that will be considered objectionable to nearby properties by reason of noise, fumes, vibrations, illumination or other outward effects on others in the zone
(5)
Complies with any other requirements within the zone;
(6)
Will be in harmony and promote the general purpose and intent of the Master Plan;
(7)
Will not adversely effect the short-term and long-term cumulative impacts on the environment;
(8)
Will be able to mitigate to the satisfaction of the Board any adverse or irreversible impacts on the environment, including any growth-inducing aspects of the proposed use;
(9)
Will not adversely affect unique and irreplaceable assets or resources of the area;
(10)
Will be serviced adequately (as determined by the Board) by essential public facilities and services, including, but not limited to, highways, streets, parking spaces, public transportation, police, ambulance and fire protection, drainage structures, solid waste management and refuse disposal, water and sewers, groundwater protection, schools, energy conservation, as well as any other additional services as the Board deems appropriate. In reaching these determinations, the Board shall consider:
(a)
The extent to which the use is in harmony with and promotes the general purposes and intent of the current Comprehensive (Master) Plan and this chapter and its effect on the health, welfare and safety of the Town of Malta and its residents.
(b)
That the character of the existing uses and approved future development in the district and the peculiar suitability of the neighborhood/location for the proposed special use.
(c)
That the conservation of property values and the encouragement of the most appropriate use of land are exercised.
(d)
That the proposed site provides adequate parking facilities to protect against increased congestion and parking on public streets and highways, including hazardous traffic and/or parking conditions.
(e)
That the availability of adequate and proper public or private facilities for water and for the treatment, removal or discharge of sewage, refuse, or effluent (whether liquid, solid, gaseous, or otherwise) that may be caused by or as a result of the proposed use.
(f)
Whether the use, or materials incidental thereto or produced, may give off obnoxious odors, smoke or soot or will cause disturbing emissions of electrical charges, dust, light, vibration or noise detrimental to the public health, safety and general welfare.
(g)
Whether operations of the special use will cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, if existing or if proposed by the Town or by other government agencies.
(h)
That the proposed use will not interfere with the preservation of the general character of the neighborhood in which such building is to be placed or such use is to be conducted.
(i)
Whether a hazard to life, limb or property because of fire, flood, erosion or panic may be created by reason of or as a result of the use or by the structures to be used thereon or by the inaccessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus or by the undue concentration of assemblage of persons upon such plot.
(j)
Whether the use of the structures to be used therefor will cause an overcrowding of land or undue concentration of population.
(k)
Whether the physical characteristics and topography of the proposed site make it suitable for the proposed special use.
(l)
Whether the use to be operated is in such proximity to a church, school, theater, recreational area or other place of public assembly so as to constitute a danger to the health, safety or general welfare of the people of the Town of Malta.
(m)
Whether the proposed special use provides sufficient landscaping and/or other forms of buffering to protect surrounding land uses where necessary.
D.
The Planning Board shall set a reasonable time for the public hearing of a request for a special use permit and shall give notice in the Town's official newspaper of such hearing at least five days prior to the date of such hearing, and with respect to any applications as herein set forth, notice shall be given at least 10 days prior to such hearing by certified or registered mail to certain officials, persons and owners of properties involved in accordance with requirements of § 267 of the Town Law as follows:
(1)
Notification requirements. All owners of property which is contiguous, abutting or adjacent to or which is situated across an established road from the actual or proposed boundary lines of the property which is the subject of the application and to such other property owners as the Planning Board may direct. The applicant shall be required to determine the names and addresses of such owners, and the applicant shall thereupon advise the Building and Planning Department who shall notify such persons of the application by certified or registered mail.
(2)
Adjournment of hearing. The Planning Board may in its discretion, 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 determined by the Planning Board.
E.
An applicant granted a special use permit shall be given six months in which to diligently begin to put into effect the use permitted by the granted special use permit, although the Planning Board can increase this period from six months to a year at its discretion.
F.
Every application for issuance of a special use permit shall contain a review of the possible construction design and management of all buildings constructed pursuant to the special use permit be in compliance with the U.S. Green Building Council's (USGBC) Leadership in Energy and Environmental Design (LEED) Certification Standards. Proposals including construction of buildings designed and managed to comply with the U.S. Green Building Council's (USGBC) Leadership in Energy and Environmental Design (LEED) Certification Standards shall be a strong positive factor in evaluating applications for establishment of a Planned Development District or the granting of a special use permit.[1]
[Added 7-2-2007 by L.L. No. 10-2007]
§ 167-39 Penalties for offenses.
A.
Notification of violations. Written notice of violation signed by the Code Enforcement Officer shall be served upon the person or persons committing such violation and/or the property owner, either personally or by mail addressed to such person or persons at his or her last known address. Each week's continued violation shall constitute a separate additional violation.
B.
Complaints. Whenever an alleged violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints must be in writing and shall be filed with the Code Enforcement Officer who shall properly record such complaint and immediately investigate and report thereon.
C.
Penalties.
(1)
A first violation of this chapter is a first offense, punishable by fine not exceeding $250 or imprisonment for a period not to exceed 15 days, or both. For the purpose of conferring jurisdiction upon courts and judicial officers generally, violation of this chapter shall be deemed a misdemeanor and for such purpose all provisions of law relating to misdemeanors shall apply to such violation. In addition thereto, the Town authorities shall have such other remedies as are provided by law to restrain, correct or abate any violation of this chapter.
(2)
For a second offense within five years of the first offense: a fine of not less than $350 and not more than $700 or not exceeding six months' imprisonment, or both.
(3)
For a third or subsequent offense within a five-year period: a fine of not less than $700 nor more than $1,000 or not exceeding six months' imprisonment, or both.