Pompey City Zoning Code
ARTICLE VIII
Administration and Enforcement
§ 165-41 Enforcement.
This chapter shall be enforced by the Zoning Enforcement Officer or other designated official, who shall be appointed by the Town Board. No zoning permit or certificate of occupancy shall be issued by him except in compliance with the provisions of this chapter.
§ 165-42 Building permit.
A.
No building in any district shall be erected, added to, structurally altered or demolished until a permit has been issued by the Zoning Enforcement Officer. No such zoning permit or certificate of occupancy shall be issued for any building where said construction, addition or alteration or use thereof would be in violation of any of the provisions of this chapter.
B.
All applicants for zoning permits shall submit two copies of a layout or plot plan drawn to scale and with all dimensions shown, showing the exact size and location on the lot of the building and accessory buildings and the intended use of the building. Zoning permits shall expire one year from date of issuance.
§ 165-43 Certificate of occupancy.
A.
A certificate of occupancy shall be applied for coincidental with the application for a zoning permit. A certificate of occupancy shall be issued by the Zoning Enforcement Officer upon completion of a structure erected or altered, for the occupancy of the structure and the use designated in the permit for building, provided that the structure and the premises actually comply with the provisions of this chapter. Said certificate shall be issued within 10 days after the erection or alteration shall have been approved as complying with the provisions of this chapter.
B.
No nonconforming use shall be renewed or changed or extended until a zoning permit has been issued by the Enforcement Officer.
C.
The Zoning Enforcement Officer shall maintain a record of all certificates, and copies shall be furnished, upon request, to any person having a proprietary or tenancy interest in the building affected.
D.
The applicant shall provide the Zoning Enforcement Officer with an "as-built" survey of the foundation and/or basement wall prior to construction beyond the foundation.
E.
In addition to all other requirements applicable thereto, no certificate of occupancy shall be issued unless the applicant certifies that there is at least one operative smoke detector for each dwelling unit within the building; and, in any residence containing a solid-fuel-burning unit, the applicant shall certify that there is, in addition to the preceding requirement, one operative smoke detector for each floor of living space.
F.
A fee may be charged for every request to the Zoning Enforcement Officer for a certificate of occupancy; and an additional fee may be charged for each return inspection required at the final inspection stage only. Said fees to be in such amounts as may from time to time be determined by the Town Board.
§ 165-44 Site plan review.
[Amended 4-8-2002 by L.L. No. 1-2002; 2-5-2007 by L.L. No. 2-2007; 12-2-2013 by L.L. No. 6-2013; 4-9-2024 by L.L. No. 1-2024]
A.
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 Zoning 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 Zoning Enforcement Officer's determination:
(1)
That the proposed addition is in full compliance with existing zoning regulations; and
(2)
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
(3)
Where the structure is a single- or two-family residence or a structure accessory to such use.
B.
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 approval on the forms available therefor from the Zoning Enforcement Officer. No such application shall be complete unless it shall contain the following:
(1)
A site plan prepared by an architect, landscape architect, engineer or land surveyor containing the information and data as required by this section and the Zoning Enforcement Officer.
(2)
A completed environmental assessment form as required by 6 NYCRR Part 617 (SEQRA).
(3)
All necessary application fees and deposits as required by the Zoning Enforcement Officer.
(4)
Any other or further data or information as may be reasonably required by the Zoning Enforcement Officer.
C.
Site plan requirements. The site plan map or maps shall contain the following information and elements:
(1)
A survey of the property, dated within six months of submission.
(2)
Names and addresses of the owner of the site as well as all other owners within 200 feet of the site.
(3)
The zoning classification of the site and all property within 200 feet.
(4)
All existing easements and/or restrictions of record including rights-of-way, fully dimensioned.
(5)
All existing and proposed utilities, both public and/or private.
(6)
All existing and proposed buildings or structures and mature trees.
(7)
All watercourses, marshes, rock outcroppings, wooded areas, wetlands (DEC or Corps of Engineers), floodplains, (based on FEMA maps) or other significant natural or man-made features.
(8)
Topographic information (spot elevations for areas with slopes less than 2% and two-foot contours for slopes greater than 2%).
(9)
Proposed land use.
(10)
All driveways, parking lots, curbing, loading spaces and driving lanes, including proposed on- and off-site circulation patterns.
(11)
All proposed landscaping, plantings, screening devices and exterior lighting.
(12)
All proposed signs.
(13)
Existing and proposed fire hydrants and fire-suppression connections.
(14)
Detailed drainage plans showing on-site storage, floodways and proposed easements, including siltation and erosion control plans.
(15)
Proposed grading.
(16)
Construction sequence and timing of completion of all improvements.
(17)
Architectural renderings and floor plans showing pedestrian and vehicular access.
(18)
Such other information or details as may be reasonably required by the Zoning Enforcement Officer or the Planning Board.
(19)
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Article VI, Stormwater Management and Erosion and Sediment Control, of this chapter shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Article VI of this chapter. The approved site plan shall be consistent with the provisions of Local Law No. 2 of 2007.
E.
Procedure.
(1)
Following receipt of an application which he determines to be complete, the Zoning Enforcement Officer shall issue public notice of a hearing in a designated newspaper at least five days prior to the date thereof and notice of the hearing by mail to the applicant at least 20 days prior to said hearing, and shall refer a copy of the application to the Onondaga County Planning Board, if required by General Municipal Law § 239-m, as well as the Town Engineer and the state, county or Town Highway Department having jurisdiction over adjacent or proposed highways and such other persons or agencies as in his discretion seems advisable. The applicant, in turn, shall be responsible for notifying, by certified mail, all property owners of record within 1,000 feet of the boundary line of the property to which the application relates of the time, date and place of such public hearing at least 10 days prior to such hearing. Notice shall be deemed to have been given if mailed to the property owner at the tax billing address listed on the property tax records of the Town Assessor. At least seven days prior to such public hearing, the applicant shall file with the Planning Board an affidavit verifying that notice was properly mailed to nearby property owners. Failure of the property owners to receive such notice shall not be deemed a jurisdictional defect.
(2)
At the hearing the Town Planning Board may require such additional information from the applicant as it deems appropriate or necessary to making a decision on the application. Said decision giving approval, approval with modifications or disapproval of the project shall be made within 62 days after the hearing.
(3)
In the event that the Planning Board review determines that an area variance is required by the proposal, the matter shall be referred to the Town Zoning Board of Appeals, and the sixty-two-day decision time shall be stayed during the time of such referral.
(4)
The time for decision set forth above may be extended by mutual consent of the Planning Board and the applicant.
F.
Review criteria.
(1)
The Planning Board shall review each application for site plan approval in order to determine, to the extent practicable, that all elements of the site design and layout serve to promote the following goals and objectives:
(a)
Compatibility of the proposed use with neighboring uses.
(b)
Safe and appropriate movement on- and off-site of vehicles and pedestrians.
(c)
Adequacy of firesafety and suppression systems.
(d)
Suitability of landscaping, buffering, lighting and hours of operation.
(e)
Adequacy of proposed drainage and sewage systems and other infrastructure.
(f)
Suitability of proposed signage.
(g)
Appropriateness of architectural design and treatment considering neighboring structures.
(2)
The Planning Board, when rendering a decision on a proposed site plan, may approve, approve with modifications or disapprove such proposal. In addition, the Planning Board shall have the right to impose on any such approval or approval with modification any conditions or restrictions as in the opinion of the Planning Board are both reasonable and directly related to or incidental to the proposed site plan or use.
G.
Criteria for specific uses.
(1)
Schools.
(a)
Use of these facilities centers around particular events, such as classes, meetings, services and social gatherings, and results in short periods of intense activity and traffic generation. These uses should be located so that safe and efficient access is possible and the impact on residential uses minimized.
(b)
Effective fencing or landscaped screening shall be maintained along the side and rear lot lines to buffer neighboring lots from light, dust and noise and visual impacts of the use.
(2)
Home-based business.
(a)
Intent and purpose.
[1]
This section of Town Code applies to all home-based businesses in non-commercial zoning districts. The home-based businesses regulations seek to balance the need of some individuals to work at home with rights of other individuals to enjoy the residential character of their neighborhood and their private property. The purpose of the home-based businesses regulations is to protect the health, safety, and welfare of neighboring residents and the preservation of the neighborhood as a comfortable place for the people who live there. Home-based businesses are intended to be a seamless addition, not a disturbance, to any neighborhood.
[2]
It is also the intent and purpose of these regulations to provide for certain types of restricted occupational uses within non-commercial districts. Only such uses will be allowed which:
(b) BUSINESS VEHICLE MOTORIZED EQUIPMENT HOME-BASED BUSINESS PREMISES
Definitions. For the purposes of this section, the following words shall have the meaning indicated unless the context clearly requires otherwise:
A car, bus, van, trailer or commercial motor vehicle (CMV) used to transport goods or passengers for the profit or benefit of an individual or business.
A device used by a business that includes an internal combustion engine or an electric motor of greater than 1/4 horsepower.
A lawful activity commonly carried on or managed within a dwelling or accessory structure on a residential property by a member or members of the family who occupy the dwelling, where the business activity is clearly incidental to the residential use of the property and where the residential character of the property, dwelling and accessory structures is maintained.
All lands, structures, installed equipment and appurtenances located on a property.
(c)
Standards for home-based businesses permitted as of right. Home-based businesses complying with the standards set forth in this section shall be considered minor in character and shall be permitted as of right with no permit required. Home-based businesses permitted as of right must meet the following standards:
[1]
The home-based business shall be owned by a person or persons, not by an entity. Properties owned by an entity are required to comply with the provisions of Subsection G(2)(d).
[2]
The dwelling on the premises shall be the primary and legal place of residence for the owner of the home-based business.
[3]
The home-based business shall be clearly incidental and secondary to the residential use of the property. No additions or alterations to the dwelling or property that change its residential character shall be permitted.
[4]
No separate entrance or driveway used primarily by the business shall be permitted.
[5]
Outdoor storage of goods, materials, or products connected with a home-based business is prohibited.
[6]
Only one unilluminated, two-sided sign no larger than two square feet shall be displayed on the property for the home-based business. All other on-site advertising is prohibited.
[7]
Business vehicles. In addition to any personal resident vehicles, no more than two licensed and registered vehicles not to exceed a gross vehicle weight rating of 14,000 pounds used for the home-based business shall be located on the premises, unless housed in an enclosed residential garage.
[8]
Motorized equipment. Any motorized equipment and/or attachments thereto used in the home-based business shall be stored in an enclosed structure.
[9]
No more than one person other than a resident of the dwelling shall work onpremises.
[10]
The home-based business shall not be open to the public or receive deliveries earlier than 8:00 a.m. or later than 8:00 p.m. Only vehicles of not more than two axles and not greater than 14,000 pounds of gross vehicle weight shall make deliveries to home-based businesses. Such deliveries shall not restrict routine traffic flow.
[11]
A home-based business shall produce no offensive noise, vibration, smoke, dust, odors, heat or lighting.
[12]
A home-based business shall not use, store, produce or dispose of toxic, explosive, flammable, combustible, corrosive, radioactive, or other restricted materials, as deemed such by federal standards. Quantities of such supplies common to residential uses shall be exempted. Home-based business activities conducted and material/equipment used shall not be of a nature to require the installation of fire safety features not common to residential uses.
[13]
All parking associated with the home-based business shall be in the driveway or inside of a structure where the home-based business is located. Parking on the street or in the yard is prohibited.
[14]
No more than two client, customer or delivery vehicles shall be on the premises of the home-based business at the same time.
[15]
The gross floor area within a dwelling or accessory structure used or occupied in conjunction with a home-based business, inclusive of basements, attics, cellars and similar areas, shall not be greater than 25% of the gross floor area of the first floor of a dwelling, and in no event shall such business area exceed 500 square feet.
[16]
An accessory structure may be used for the home-based business or to support the home-based business but is subject to the gross floor area limitations set forth in Subsection G(2)(c)[15] above.
[17]
More than one home-based business shall be permitted on a premises subject to the above conditions which would apply to all businesses.
(d)
Home-based business requiring Town approval.
[1]
If a home-based business does not meet the standards set forth in Subsection G(2)(c) above but is not prohibited by Subsection G(2)(e) herein, the owners thereof shall apply through the Codes Enforcement Office for a permit from the Planning Board. The application shall be in the form provided by the Town and shall specify the business use, how it conforms to the intent of this section and any other documentation that the Codes Officer requires.
[2]
No home-based business subject to Planning Board approval shall operate until such approval is granted.
(e)
Prohibited home-based businesses. The following operations are prohibited:
[1]
A home-based business where the owner of the business does not reside on the premises.
[2]
A home-based business that is the primary use of the premises.
[3]
On-premises retail sales, unless clearly incidental and secondary to the home-based business, limited in scope and where there is no display of items for sale in any configuration resembling a retail store.
[4]
Warehousing as a service.
[5]
Restaurant/cafe/tavern.
[6]
Mortician/funeral home.
[7]
Ambulance service.
[8]
Limousine service with more than one vehicle parked outside.
[9]
Major appliance repair (except when working at customers' homes).
[10]
Junkyard.
[11]
Automotive repair, body work, painting, detailing, washing services (except when working at customers' homes).
[12]
Massage parlors.
[13]
Medical or dental laboratory.
[14]
Raising or harboring of domestic pets for sale where facilities are less than 100 feet from any property line and the lot is less than five acres.
(f)
General provisions.
[1]
The Town Board shall establish the application and permit fees for the home-based business permit.
[2]
The home-based business owner is responsible for notifying the Town Codes Officer of any changes in the business operations that affect its status under this section. Failure to do so shall constitute a violation of these provisions.
(g)
Sunset clause. It is recognized that there currently exist in the Town of Pompey businesses operating on residential properties that pre-date this statute. Owners of such businesses that meet the following criteria shall be considered non-conforming uses under § 165-20 of this Code only for home-based business: i) the home-based business has been in operation for more than five years, as proved by a sworn affidavit to the Code Enforcement Officer; ii) there is no record of neighbor complaints on file with the Town against the property owner for operation of the/a home-based business; iii) the home-based business is not prohibited under Subsection G(2)(e) above; and iv) the homeowner provides the Code Enforcement Officer with a description of the home-based business that shall include, but not be limited to, the time of operation, the number of employees besides the homeowner, the estimated number of vehicles that frequent the home-based business per week and any other information requested by the Code Enforcement Officer. For any other existing home-based business, owners of such businesses are hereby required to obtain the necessary operating permit no later than 180 days from the effective date of this Subsection G(2). Failure to do so shall constitute a violation of this Subsection G(2), subject to the enforcement and penalty provisions set forth in § 165-47, as amended from time to time.
(h)
Severability. The invalidity of any clause, sentence, paragraph or provision of this section shall not invalidate any other clause, sentence, paragraph, or part thereof.
(3)
Farm stands.
(a)
The products sold from a farm stand shall be limited to field, fruit, vegetable or ornamental plant crops grown on the same farm.
(b)
A farm stand shall not exceed 1,500 square feet.
(c)
The farm stand shall be located no closer than 30 feet to the edge of the public right-of-way and no closer than 10 feet to any side property line.
(d)
Access to the public highway shall be limited to existing driveways or to new driveways established pursuant to permits from the Town Highway Superintendent, the Onondaga County Department of Transportation or the New York State Department of Transportation.
(e)
Customer parking spaces shall be provided on site, and the vehicle maneuvering area shall be maintained out of the public right-of-way.
(4)
Auto service.
(a)
The lot shall have a minimum frontage along each public right-of-way providing access of at least 250 feet.
(b)
All fuel pumps shall be located at least 25 feet from any right-of-way or 30 feet from any other lot line.
(c)
Entrance or exit driveways shall be located at least 20 feet from any side or rear lot lines and at least 75 feet from any intersecting street right-of-way line. Such driveways shall be laid out so as to avoid the necessity of any vehicle backing into any right-of-way.
(d)
All fuels or similar substances shall be stored underground at least 35 feet from any lot line, and tanks shall be installed and maintained in accordance with the current standards of the National Board of Fire Underwriters and the New York State Uniform Fire Prevention and Building Code. Vents must be at least 25 feet from any lot line.
(e)
No building or accessory facility shall be closer than 35 feet to any boundary line of a Farm or Residential District.
(f)
Vehicles awaiting routine repair must be stored on site and within a specific area approved by the Zoning Board of Appeals.
(g)
All repair, painting and servicing of vehicles or storage of parts and equipment other than for washing and dispensing of fuel, oil, water and air must be performed and contained within a principal or accessory structure.
(h)
A landscaped area at least eight feet in width from the lot lines shall be maintained (exclusive of driveways) on all sides of the property. Treatment shall be of grass or other plantings, and storage of equipment on vehicles is prohibited in this area.
(i)
Any inactive flammable liquid or fuel storage tank below grade shall be closed or removed in accordance with applicable New York State codes.
(5)
Drive-in service.
(a)
Provision for the stacking of five vehicles for service shall be maintained on site for each drive-in service window or unit.
(b)
On each lot line, except the front line, there shall be a landscaped buffer eight feet in width, measured from the lot line, planted with a staggered double row of evergreen trees installed at a height of four feet on six-foot centers. The Zoning Board of Appeals may authorize opaque fencing to be substituted for landscaping planting upon finding that such screening would provide a more effective buffer for the residential neighbors.
(c)
A landscaped area eight feet in width, measured from the lot lines, shall be maintained (exclusive of driveways) on all sides of the property having road frontage or abutting nonresidential uses. Treatment shall be of grass, ornamental stone or evergreens maintained below two feet in height and surrounded by curbing (wood, stone or concrete) four to six inches in height.
(6)
Outdoor sales and storage.
(a)
The portion of a site used for outdoor storage or sale shall be maintained within the specific area or areas as shown on the plan approved by the Zoning Board of Appeals.
(b)
Any material to be sold or stored out-of-doors shall be maintained in a neat and orderly manner and shall not intrude into any required front, side or rear yards.
(c)
Any lighting shall be designed to eliminate direct glare upon neighboring properties.
§ 165-45 Special permits.
[Added 7-15-2009 by L.L. No. 1-2009]
Under these regulations, special uses are considered to be uses which may be appropriate in the district in which they are located, but which possess special characteristics which may pose land use problems or difficulties if controlled only by the district regulations applicable to permitted uses. Accordingly, such uses are further controlled by a procedure which requires special consideration and additional regulations for such use in order to mitigate any such problems or difficulties and minimize the impact upon the district. Each use warrants consideration as an individual case in the district and on the specific lot on which it is proposed to be located. Granting of a special permit for a special use in a zoning district shall be based on its own unique facts and circumstances and shall not establish any precedent for granting of a special permit for the use or any other special permit use on any other lot in the district or in other districts. The Town Board shall have the authority to grant special permits for any of the uses listed in § 165-7 with the designation "TSP" in such cases where it finds adequate evidence that the proposed special permit is duly authorized under the provisions of this chapter, that the application falls within the terms of the specific provisions allowing for special permits, and that the proposed use complies with all other requirements of this chapter.
A.
Required plan. A plan for the proposed development of a site for a permitted special use shall be submitted with an application for a special permit, and such plan shall show the location of all buildings, parking areas, traffic access and circulation drives, open spaces, landscaping, and any other pertinent information as may be required for this submission of a site plan under this chapter and as may be otherwise necessary to determine if the proposed special use meets the requirements of this chapter.
B.
General requirements and standards applicable to all special permits. The Town Board shall, among other things, require that any proposed use and location comply with the following standards:
(1)
Compliance. The proposed use complies with the applicable intent and regulations of this chapter, including those applicable to the specific zoning district in which it is located. The proposed use complies with other applicable Town, county, state and/or federal regulations.
(2)
Conformance to Town's land use plans. The proposed use is located on a site and in an area of the Town which is consistent with the long-term development objectives for the area. The proposed use is appropriately located with respect to the existing pattern of streets and other facilities, including but not limited to water, sanitary lines and drainage systems, and will not adversely affect the functioning of these facilities nor impede any planned improvements.
(3)
Scale of development. The scale and design of the proposed use is physically and visually compatible with the conditions of the site and surrounding properties.
(4)
Vehicular and pedestrian circulation. The nature and design of the proposed use is such that there is safe and efficient vehicular and pedestrian movement within the site and in relationship to any streets serving the site. In making this determination, consideration shall be given, but not limited to, the following:
(a)
Location and adequacy of parking and loading facilities.
(b)
Pedestrian rights-of-way.
(c)
Traffic regulatory devices.
(d)
Location, number and design of points of ingress and egress.
(e)
Accessibility by emergency vehicles, with particular emphasis on access to structures and provision for turning and free movement.
(f)
Provision for snow storage.
(g)
Age and mobility of all persons for whose benefit the use is intended.
(h)
Speed limits upon and general character of public highways in proximity and providing access to the subject site.
(5)
Environmental resources. The proposed use is located, designed and operated in a manner that avoids or minimizes any disturbance of significant natural or cultural resources. The proposed use is located and designed in a manner that is consistent with the site's soil capabilities to accommodate the use. The proposed use is to be developed in conformance with any applicable state or federal requirements regulating significant environmental resources. The proposed use provides drainage systems conforming to any area-wide drainage plans and controls stormwater runoff consistent with Town and other regulations.
(6)
Aesthetics. The proposed use includes use of building materials, screening and landscaping treatments of parking, drainage and storage areas that are consistent with existing development and any aesthetic standards developed by the Town and which minimize any adverse visual effects on surrounding properties or public rights-of-way. Lighting and signage for the proposed use is appropriate in size, color and placement for the site and character of the surrounding area and has no significant adverse impact on surrounding properties.
(7)
Emissions. The emissions of any noise, smoke, heat or odor from the proposed use is within limits established by this chapter, if any, and is minimized and directed away from surrounding properties, and any mechanical elements associated with these emissions are installed and maintained in accordance with applicable health and safety codes and are adequately screened from view.
(8)
The physical characteristics, topography and other features of the lot and the scale and physical design and other features of any new or existing buildings to be occupied by the use are suitable and adaptable for the proposed use without any modifications which would change the established character of the street or neighborhood setting.
(9)
The nature and intensity of operations of the use will not be more objectionable to surrounding properties than those of an expressly permitted use in the district.
(10)
The use will not unreasonably increase or introduce traffic congestion or safety hazards or impose traffic volumes on streets and street patterns which are deficient in width, design, sight distance, intersection configuration, or other typical standards necessary to accommodate such traffic changes.
(11)
The use and the proposed design of building and other structure and site facilities for the use are appropriate in the proposed location and have incorporated reasonable efforts to harmonize with surrounding uses and mitigate any adverse impacts on surrounding uses, including but not limited to traffic congestion and hazards, untimely scheduling of activities, removal of trees and other established natural features, and excessive stormwater runoff, noise, nuisance, odors, glare or vibration.
(12)
The cumulative impacts of the use in the proposed location will not unreasonably interfere with or diminish the continued use, preservation, stability, value, enjoyment, prosperity or growth of the neighborhood or community.
(13)
Any other factors which the Town Board considers relevant.
§ 165-46 Zoning Board of Appeals.
A.
Creation and organization. The Zoning Board of Appeals shall hear and decide all appeals from decisions of the Zoning Enforcement Officer and all referrals for area variances from the Planning Board. Said Board shall be organized and shall conduct its activities in accordance with the provisions of Town Law § 267 as the same exists or may, from time to time, be amended.
B.
Powers and duties.
(1)
The Zoning Board of Appeals is vested with exclusive jurisdiction to hear and decide appeals involving any interpretation of the Zoning Law or issues related thereto, including, but not limited to, district boundaries, extent of nonconforming uses, language employed or other similar matters. In addition, the Zoning Board of Appeals is vested with exclusive jurisdiction to hear and decide all appeals or applications for variances from the provisions of the Zoning Law, including both use and area variances.
(2)
In exercising its powers, the Zoning Board of Appeals shall have all of the powers set forth in Town Law § 267.
§ 165-47 Penalties for offenses.
A.
Reporting. Any resident of the Town may file a written complaint with the Zoning Enforcement Officer alleging a violation of this Zoning Law. The Zoning Enforcement Officer shall file said complaint and investigate the same.
B.
Punishment. A violation of any of the provisions of this Zoning Law by an owner of land and/or a builder or contractor shall constitute an offense punishable either:
(1)
By the imposition of a fine not exceeding $350 or imprisonment for a period not exceeding six months, or both, for conviction of a first offense; for a conviction of a second offense, both of which were committed within a period of five years, by a fine of not less than $350 nor more than $700 or imprisonment for a period not exceeding six months, or both; and, for conviction of a third or subsequent offense, all of which were committed within a period of five years, by a fine of not less than $700 nor more than $1,000 or imprisonment for a period not exceeding six months, or both; and/or
(2)
By the imposition of a civil penalty in the above amounts, which said penalty may be assessed and recoverable against the violator in a small claims proceeding instituted by the Town in the Town Justice Court, pursuant to the provisions of Article 18 of the Uniform Justice Court Act.
(3)
Each week's continued violation shall constitute a separate, additional violation for which separate and additional fines or civil penalties in the above amounts may be imposed or recovered.
§ 165-48 Amendments and supersession.
Section 165-47 above expressly amends and supersedes any inconsistent provision of any other zoning law, rule or regulation heretofore adopted by the Town of Pompey, Onondaga County, New York, and also any inconsistent provision of Article 16 of the Town Law of the State of New York.