Stafford Town City Zoning Code
ARTICLE VII
Enforcement, Administration and Amendments
§ 182-42 Zoning Enforcement Officer.
A.
Enforcement.
(1)
No board, agency, officer or employee of the Town shall issue, grant, or approve any permit, license, certificate, or other authorization for any construction, reconstruction, alteration, enlargement, or moving of any building or structure or for any use of land or building that would not be in full compliance with the provision of this chapter, except as permitted under § 182-49. Any such permit, license, certificate, or other authorization issued, granted or approved in violation of the provisions of this chapter shall be null and void and of no effect without the necessity of any proceedings or revocation or nullification thereof.
(2)
Unless otherwise provided, the Zoning Enforcement Officer and any other person designated by the Town Board for the purpose shall enforce the provisions of this chapter, and any rules and regulations made or as may be made in furtherance thereof. For such purposes he, or other designated person, may, from time to time and at reasonable hours, enter and inspect such building, structure or premises, and may perform any other act or duty necessary for the proper enforcement thereof, including issuance of notice of violations and orders to remedy, stop-work orders, and appearance tickets.
B.
Records and reports.
(1)
The Zoning Enforcement Officer shall keep a permanent record, including all pertinent maps and plans, of all applications for zoning permits, certificates of compliance, and all relevant correspondence.
(2)
The Zoning Enforcement Officer shall also keep a permanent record of all violations of this chapter whether reported by private citizens or by any board, agency, officer or employee of the Town, and such record shall show the disposition of all such violations.
(3)
The Zoning Enforcement Officer shall make a report to the Town Board and Town Assessor, in writing, at least once each year or more often as the Town Board may order, reporting the number and type of zoning permits and certificates of compliance issued, and listing all reported or continuing violations of this chapter, and disposition of pending action of such violations.
§ 182-43 Fees for permits, amendments, variances and special use permits.
Fees may be charged for permits issued, and processing of applications for amendments, variances, and special use permits. The fee shall be set by resolution of the Town Board and may be changed from time to time in the same manner.
§ 182-44 Zoning permit.
A.
No building, structure and/or use shall be constructed, altered, enlarged or moved or excavation made therefor, or work begun thereon, until a permit therefor has been issued.
B.
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 as may be necessary to determine and provide for the enforcement of this chapter. When conditions warrant (i.e., new construction, expansion, etc.), a statement from the Genesee County Health Department shall be provided by the applicant certifying that the existing and/or proposed water supply and wastewater treatment systems are adequate to serve the applicant's proposed project. Application, together with a layout sketch, shall be submitted in triplicate. When the zoning permit is issued or denied, the issuance or denial shall be noted on the application in triplicate by the person issuing or denying said permit and one copy returned to the applicant, one copy filed with the Town Clerk and one copy kept with the Zoning Enforcement Officer's records.
C.
The Zoning Enforcement Officer shall issue a zoning permit only after the site plan, if required, has been approved by the Planning Board and all required variances and special use permits have been obtained, except that no site plan approval shall be required in the case of individual one- or two-family dwellings or for permitted accessory uses.
D.
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.
E.
If a zoning permit is not obtained by the applicant within one year after final approval, such approval shall be void.
F.
A zoning 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. Any additional extensions after two shall require the approval of the Zoning Board of Appeals.
G.
The zoning permit shall be located in a place readily visible to the public.
§ 182-45 Certificate 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 provision of this chapter.
§ 182-46 Penalties for offenses.
A.
It shall be unlawful for any person, firm or corporation to construct, alter, move, equip, use or occupy any building or structure or portion thereof in violation of any provision of this chapter or any amendment thereto, or to fail in any manner to comply with a notice, directive, or order of the Zoning Enforcement Officer, or to construct, alter, use or occupy any building structure or part thereof in a manner not permitted by an approved zoning permit or certificate of compliance.
B.
It shall be unlawful for any person to fail to comply with a written order of the Zoning Enforcement Officer within the time fixed for compliance therewith.
C.
It shall be unlawful for any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents, or for any other person taking part or assisting in the construction, alteration or use of any building 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.
D.
Any violation of this section and/or this chapter shall be punishable by a fine and/or imprisonment as set forth in New York State Town Law § 268. Each and every week such violation continues shall be deemed a separate and distinct violation.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E.
The Zoning Enforcement Officer may, with permission of the Town Supervisor, institute court action to enforce the provisions of this chapter, or may refer the matter to the Town Board for its action.
F.
In addition to the foregoing remedies, the Town of Stafford may maintain an action for injunction to restrain, correct or abate any violation of this chapter and/or maintain an action at law for damages sustained as a result of any violation of this chapter. Damages may include, but not be limited to, the legal fees and court costs expended or incurred by the Town as a result of any legal proceedings brought hereunder.
§ 182-47 Complaint of violation.
Whenever a violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints must be verified 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 himself or refer the matter to the Town Attorney or the Town Board for their action.
§ 182-48 Planning Board.
A.
Organization. The Planning Board shall consist of seven members appointed by the Town Board as provided for in § 271 of the Town Law. The Town Board shall designate a member of said Planning Board to act as Chairperson thereof, and upon its failure to do so, the Planning Board shall elect a Chairperson from its own members. Membership and terms of office for the Planning Board shall be as set forth in Town Law. The Planning Board shall elect such other officers as necessary to conduct its business. Upon the absence by any Planning Board member from three duly scheduled regular meetings in any twelve-consecutive-month period, such member shall be subject to removal upon the completion of all proceedings and subject to all provisions as required by law.
B.
Powers and duties.
(1)
Site plan review: as set forth in § 182-27.
(2)
Special use permits: granting of special use permits (not specifically reserved by the Town Board) as set forth in § 182-50.
(3)
Review use variances: review use variances referred to the Planning Board as set forth in § 182-49.
(4)
Emergency housing permits: review and act upon requests for extensions of emergency housing permits as set forth in § 182-28.
(5)
Temporary uses and structures: grant permits for temporary uses and structures.
(a)
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:
[1]
Temporary uses incidental to a construction project such as construction trailers, while active construction is underway.
[2]
Temporary real estate sales office incidental to a subdivision.
[3]
Other similar temporary incidental uses which:
[a]
In no way exert a detrimental effect upon the lawful use of land and activities normally permitted in the zone in question; and
[b]
Contribute materially to the welfare and well-being of the Town.
(b)
Permits shall be conditioned upon an agreement by the applicant to remove the use upon expiration of the permit.
(c)
Permits may be reissued a maximum of one time for an additional period of six months.
(6)
Other powers and duties. The Planning Board shall have such other powers and duties as are provided by law, including this chapter or as otherwise assigned to it by the Town Board.
C.
Alternate members to the Planning Board may be appointed by resolution of the Town Board to serve a term of office of two years. All provisions of the Town Zoning Ordinance and various other rules, regulations and local laws applicable to regular members of the Planning Board (training and continuing education, attendance, conflict of interest, compensation, vacancy in office, removal, and service on other boards) shall also apply to the alternate member(s). Only two alternate member positions shall be permitted.
[Added 8-13-2012 by L.L. No. 1-2012]
D.
The Chairperson, or Vice Chairperson in his or her absence, of the Planning Board may designate an alternate member who has been appointed by the Town Board to substitute for a regular member when such member is unable to participate for any one of the reasons set forth in Subsection C. When so designated, the alternate member shall possess all powers and responsibilities of such member of the Board. Such designation shall be entered into the minutes of the meeting at which the substitution is made.
[Added 8-13-2012 by L.L. No. 1-2012]
§ 182-49 Zoning Board of Appeals.
A.
Organization. The Town Board shall appoint a five-member Board of Appeals and shall designate the Chairperson thereof as provided for in § 267 of the Town Law. In the absence of a Chairperson, the Board of Appeals may designate a member to serve as Acting Chairperson. Membership and terms of office for the Board of Appeals shall be as set forth in Town Law. Upon the absence of any Board of Appeals member from three duly scheduled meetings in any twelve-consecutive-month period, such member shall be subject to removal upon completion of all proceedings and subject to all provisions as required by law.
B.
Meetings, minutes and records.
(1)
Minutes of the Zoning Board of Appeals shall be held at the call of the Chairperson and/or at the request of the Town Board, and/or at the request of a majority of the members of such Zoning Board of Appeals, and/or at such other times as such Zoning Board of Appeals may determine. Such Chairperson, or in his or her absence, the Acting Chairperson, may administer oaths and compel the attendance of witnesses.
(2)
Meetings of the Zoning Board of Appeals shall be open to the public to the extent provided in Article 7 of the Public Officers Law. The Zoning Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions.
C.
Filing requirements. Every rule, regulation, amendment or repeal thereof, and every order, requirement, decision or determination of the Zoning Board of Appeals shall immediately be filed in the office of the Town Clerk and shall be a public record.
D.
Powers and duties. The Zoning Board of Appeals shall hear and decide appeals from and review any order, requirement, decision, interpretation or determination made by the Zoning Enforcement Officer. The concurring vote of a majority of the members of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of the Zoning Enforcement Officer, or to grant a use or area variance. Such appeal may be taken by the person aggrieved or by an officer, department, board or bureau of the Town.
E.
Time of appeal. Such appeal shall be taken within 60 days after the filing of any order, requirement, decision, interpretation or determination of the Zoning Enforcement Officer by filing with said official and with the Town Clerk a notice of appeal, specifying the grounds thereof and the relief sought. Such notice of appeal shall be filed on forms available from the Zoning Enforcement Officer or Town Clerk. The cost of sending or publishing any notices relating to such appeal shall be borne by the appealing party and shall be paid to the Town Clerk prior to the hearing of such appeal.
F.
Referral to Town and County Planning Board.
(1)
At least 30 days before the date of the public hearing described hereafter in Subsection G (unless such limit is waived by the Planning Board), the Secretary of the Zoning Board of Appeals shall transmit to the Planning Board a copy of the notice of hearing. The Planning Board shall inform the Zoning Board of Appeals, in writing, of its advisory opinion (including recommendations) prior to the hearing. Failure of the Planning Board to inform the Zoning Board of Appeals within the allotted time shall be deemed to signify a recommendation of approval of the application.
(2)
When required by the provisions of § 239-m of the General Municipal Law, the Zoning Board of Appeals shall forward the application to the County Planning Board for its review.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
G.
Hearing on appeal.
(1)
A public hearing shall be held by the Zoning Board of Appeals before deciding an appeal. Such public hearing shall be advertised by publication in a paper of general circulation within the Town of a notice of such hearing at least five days prior to the date thereof.
(2)
At least 30 days before the date of a public hearing for a use variance, unless such time limit is waived by the Planning Board, the Secretary of the Zoning Board of Appeals shall transmit to the Planning Board a copy of the notice of hearing.
(3)
The Zoning Board of Appeals shall send, by regular mail, a copy of the notice of hearing to all owners of property situated within 300 feet of the property which is the subject of the application at least 10 days before the date of the hearing. The minimum number of such mail notifications made shall be 10. In those instances when fewer than 10 mail notifications result from identification of those property owners with 300 feet, additional notifications shall be mailed to the owners of the nearest residential properties until a total of 10 notifications are made. Selection of these additional mail notifications shall be made in order of the distance measured along public highways from the front property line of the proposed use to the front property lines of these additional residential properties.
H.
Time of decision. The Zoning Board of Appeals shall decide upon an appeal within 62 days after the conduct of the public hearing.
I.
Filing of decision and notice. The decision of the Zoning Board of Appeals on an appeal shall be made in an open meeting and filed in the office of the Town Clerk within five business days after the day such decision is rendered and a copy thereof mailed to the applicant by certified mail, return receipt requested.
J.
Compliance with State Environmental Quality Review Act (SEQRA). The Zoning Board of Appeals shall comply with the provisions of SEQRA under Article 8 of the Environmental Conservation Law and its implementing regulations as codified in Title 6, Part 617 of NYCRR. The SEQRA process may extend the time limits set forth in this article, specifically those set forth in § 182-48.
K.
Permitted action by the Zoning Board of Appeals.
(1)
Interpretations, requirements, decisions and determinations. The Zoning Board of Appeals may reverse or affirm, wholly or partially, or may modify the order, requirement decision, interpretation or determination appealed from and shall make such order, requirement, decision, interpretation or determinations as in its opinion ought to have been made.
(2)
Use variance.
(a)
The Zoning Board of Appeals, on appeal from the decision or determination of the Zoning Enforcement Officer, shall have the power to grant use variances, authorizing a use of land which otherwise would not be allowed or would be prohibited by this chapter. No such use variance shall be granted by the Zoning Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant shall demonstrate to the Zoning Board of Appeals that:
[1]
Under applicable zoning regulations, the applicant cannot realize a reasonable return from the property in question, provided that lack of return is substantial as established by competent financial evidence;
[2]
That the alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood;
[3]
That the requested use variance, if granted, will not alter the essential character of the neighborhood; and
[4]
That the alleged hardship has not been self created.
(b)
The Zoning Board of Appeals, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proven by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
(3)
Area variances.
(a)
The Zoning Board of Appeals shall have the power, upon appeal from a decision or determination of the Zoning Enforcement Officer, to grant area variances from the area or dimensional requirements of the chapter. In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant of the variance is granted, as weighted against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination, the Board shall also consider:
[1]
Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance;
[2]
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
[3]
Whether the requested area variance is substantial;
[4]
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
[5]
Whether the alleged difficulty was self created, which consideration shall be relevant to the decision of the Zoning Board of Appeals, but shall not necessarily preclude the granting of the area variance.
(b)
The Zoning Board of Appeals, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
(4)
Imposition of conditions. The Zoning Board of Appeals shall, in the granting of both use variances and area variances, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property, or the period of time such variance shall be in effect. Such conditions shall be consistent with the spirit and intent of this chapter, and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
L.
Alternate members to the Zoning Board of Appeals may be appointed by resolution of the Town Board to serve a term of office of two years. All provisions of the Town Zoning Ordinance and various other rules, regulations and local laws applicable to regular members of the Zoning Board of Appeals (training and continuing education, attendance, conflict of interest, compensation, vacancy in office, removal, and service on other boards) shall also apply to the alternate member(s). Only two alternate member positions shall be permitted.
[Added 8-13-2012 by L.L. No. 1-2012]
M.
The Chairperson, or Vice Chairperson in his or her absence, of the Zoning Board of Appeals may designate an alternate member who has been appointed by the Town Board to substitute for a regular member when such member is unable to participate for any one of the reasons set forth in Subsection L. When so designated, the alternate member shall possess all powers and responsibilities of such member of the Board. Such designation shall be entered into the minutes of the meeting at which the substitution is made.
[Added 8-13-2012 by L.L. No. 1-2012]
§ 182-50 Special use permits.
A.
Special use permit authority. A special use permit may be issued for those uses identified in this chapter, within the respective zoning districts. Depending upon the specific use, review and approval, authority for special use permits rests with either the Planning Board or the Town Board (where specified). The Town Board has retained special use permit authority for the following uses: mobile home park, commercial recreation, dumps and dumping, adult uses and junkyards. The remaining special use permit uses are the responsibility of the Planning Board. The authorized Board may approve special use permits, provided such use in the proposed location is not inconsistent with the public convenience and welfare. Such use shall be subject to conditions and safeguards which may be imposed by the authorizing 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 authorizing Board in issuing such special use permit.
B.
Procedure.
(1)
Applications, 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 applications for completeness prior to forwarding them to the authorizing Board, depending on the nature of the application.
(2)
A public hearing shall be held by the authorizing Board before acting on any application for a special use permit. When necessary under § 239-m of the General Municipal Law, the authorizing Board shall forward the application to the County Planning Board for its review. The Town Clerk shall send, by regular mail, a copy of the notice of hearing to all owners of property situated within 300 feet of the property which is the subject of the application at least 10 days before the date of the hearing. The minimum number of such mail notifications made shall be 10. In those instances when fewer than 10 mail notifications result from identification of those property owners within 300 feet, additional notifications shall be mailed to the owners of the nearest residential properties until a total of 10 notifications are made. Selection of these additional mail notifications shall be made in order of the distance measured along public highways from the front property line of the proposed use to the front property lines of these additional residential properties. A legal notice of such hearing shall also be printed and published in a newspaper of general circulation within the Town at least five days prior to the date of such hearing.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3)
Every special use permit decision shall be by resolution, which shall contain a full statement of the pertinent facts in the case, and shall be recorded in the minutes.
C.
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 location of all buildings, parking, access and circulation, open space, landscaping and other information necessary to determine that the proposed special use complies with the intent of this chapter.
D.
Standards applicable to special use permits. The Planning Board may issue a special use permit only after it has found that all the following standards and conditions have been satisfied. The Town Board, while not bound by these same standards and conditions, may use such in reviewing and acting upon request for special use permits.
(1)
Location, size of use and structure, nature and intensity of operations involved, size of site in relation to it, and location of site with respect to roads giving access are such that it will be in harmony with the orderly development of the area.
(2)
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.
(3)
Off-street parking and loading facilities and the design and location of all points of ingress and egress are adequate and will not adversely affect traffic circulation.
(4)
The use is designed, located and proposed to be operated in such a manner the public health, safety, welfare and convenience will be protected.
(5)
Existing or proposed public services (if required) are adequate to service the use (i.e., police, fire, schools, utilities, etc.).
(6)
Operations of any special use shall not be more objectionable to nearby properties than would be operations of any permitted use.
(7)
All necessary area variances have been granted by the Zoning Board of Appeals.
(8)
A special use permit shall not be issued for a use on a lot where there is an existing violation of this chapter unrelated to the use which is the subject of the requested special use permit, as determined by the Planning Board.
§ 182-51 Procedure for amendment.
A.
The Town 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 Town Board as required by law.
B.
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.
C.
Every such proposed amendment shall be referred to the Planning Board for a report prior to any public hearing.
D.
Prior to adoption by the Town Board, a proposed amendment may, in the proper case, have to be referred to the County Planning Board pursuant to law.
E.
In case of a protest against such change signed by the owners of 20% or more, 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 Town Board.
§ 182-52 State environmental quality review (SEQR).
A.
The State Environmental Quality Review Act (SEQR) 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 SEQR regulations in detail and should be reviewed for compliance prior to undertaking any of the above-mentioned activities.
B.
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 Town is designated lead agency for a particular zoning action, the following boards (agencies) may typically be the lead agency for the actions identified below:
(1)
Zoning text amendment: Town Board.
(2)
Zoning district amendment: Town Board.
(3)
Special permits: Authorizing Board (Planning/Town).
(4)
Zoning permit (if necessary): Planning Board.
(5)
Variances: Zoning Board of Appeals.
C.
When a project involves two or more separate zoning actions, the board (agency) having final (last) approval would typically be the lead agency. Nothing in this section shall be interpreted to override the process for designation of lead agency status as set forth in 8 NYCRR Part 617.