Trenton Town City Zoning Code
ARTICLE VII
Administration and Enforcement
§ 300-30 Zoning permits.
No building or structure shall be erected or extended and no use located until a zoning permit has been issued by the Zoning Enforcement Officer or other proper authority, upon payment of any fee as may be established by the Town Board, as follows:
Application. There shall be submitted with all applications for a zoning permit two copies of a layout or plot plan drawn to scale showing the actual dimensions of the lot to be built upon or used, the exact size and location on the lot of the building and accessory buildings to be erected and such other information as may be necessary to determine compliance with and provide for the enforcement of this chapter. One copy of such layout or plot plan shall be returned to the applicant when approved by the Zoning Enforcement Officer, together with such permit, upon the payment of such fee as may be stipulated by the Town Board.
Issuance of zoning permit. The Zoning Enforcement Officer shall issue or refuse to issue such permits within 30 days of receiving a request. Notice of refusal to issue any zoning permit shall be given to the owner or to his authorized representative in writing and shall state the reasons for said refusal.
Any applicant previously cited for a violation for proceeding without a duly authorized zoning permit under this section shall pay the normal application fee as specified at the time by the Town, plus a surcharge of an amount equal to the current application fee. Surcharge for applications with additional violations on the same parcel by the same applicant or residents thereof, also previously cited with a violation, shall pay the normal application fee plus an enhanced surcharge of $150 per application.
[Added 9-26-2012 by L.L. No. 10-2012]
§ 300-31 Temporary mobile homes.
Where a structure or building is used as a residence or in connection with a business, a profession, a public use, a municipal use, an educational use or a religious use and has been damaged by fire or other natural causes to the extent that it may not be occupied, then the owner may apply for a temporary mobile home permit to install said mobile home upon said property for residential purposes or for the purpose of having a structure to work out of during the period that said building or structure is unable to be occupied, but not to exceed one year.
In issuing a temporary mobile home permit, the Zoning Enforcement Officer shall designate appropriate front, rear and side yard setbacks for the mobile home, considering the following criteria:
The layout of buildings or structures on any adjoining properties and the proximity to the mobile home.
The impact of the location on the entire neighborhood and the view it may obstruct or impair.
The layout of the proposed new building or structure on the property.
The location of building materials and the space needed for equipment such as bulldozers, cranes, etc.
§ 300-32 Farm mobile homes.
Mobile homes for farms may be applied for by the owner of the farm under the following conditions:
The location of one mobile home upon a farm which is the primary source of income of the owner, who is actively engaged in such farming, and used in conjunction with the operation of such farm either by the owner or by a person primarily engaged as hired help of the owner. Such mobile home shall not be located on a separate lot but shall be in full compliance with other building setback and yard requirements of this chapter for one-family dwellings.
No mobile home shall be located upon a farm without first obtaining a mobile home affidavit of occupancy from the Zoning Enforcement Officer. This affidavit is valid for one year. There shall be a review by the Zoning Enforcement Officer each year to ensure that the mobile home is still being used in connection with the operation of the farm. The owner of the farm will be required to sign an affidavit every year in order to comply with this provision.
§ 300-33 Zoning certificate of compliance.
[Amended 4-14-2004 by L.L. No. 2-2004]
No land shall be used or occupied and no building or structure hereafter erected, altered or extended shall be used or have its use changed until a zoning certificate of compliance shall have been issued by the Town and, in those instances where required by the Building Code of New York State, a certificate of occupancy shall have been issued by the Code Enforcement Officer.
In the case of a new use or change of use or occupancy of land or building or structures, the Zoning Enforcement Officer shall inspect the premises within 10 days of notification of project completion. If the use or occupancy of the land conforms to the provisions of this chapter and any variance granted by the Zoning Board of Appeals or to an approved site plan the Zoning Enforcement Officer shall issue a zoning certificate of compliance forthwith.
In the case of a building or structure to which the Building Code of New York State does not apply the Zoning Enforcement Officer shall inspect the premises at the start of construction and within 10 days of notification of completion. If the building or structure conforms to the provisions of this chapter and any variance granted by the Zoning Board of Appeals or to an approved site plan and to the plot plan submitted by the owner or applicant, the Zoning Enforcement Officer shall issue a zoning certificate of compliance forthwith.
Buildings subject to Building Code of New York State.
In the case of a building or structure to which the Building Code of New York State applies the Code Enforcement Officer shall inspect the premises at the start of construction and within 10 days of notification of completion. If the building or structure conforms with the provisions of this chapter the Code Enforcement Officer shall issue a zoning certificate of compliance forthwith. The Code Enforcement Officer must also issue a certificate of occupancy, provided all regulations under the Building Code of New York State have been met.
If the Code Enforcement Officer finds that the building or structure does not comply with the provisions of this chapter he shall notify the Zoning Enforcement Officer, who shall proceed to compel the owner of such building or structure to bring the building or structure into compliance.
If the building or structure requires a variance, site plan approval or approval from any other governing authority of which the Zoning Enforcement Officer has jurisdiction, the Zoning Enforcement Officer shall determine if such building or structure conforms with the provisions of this chapter and if it does the Zoning Enforcement Officer shall issue a zoning certificate of compliance forthwith.
§ 300-34 Zoning Board of Appeals.
Appointment. A Zoning Board of Appeals is hereby created. Said Board shall consist of five members appointed by the Town Board, who shall also designate the Chairman. The term of office of said Zoning Board of Appeals shall be five years, except that the five members first appointed shall serve, respectively, for the terms of one year, two years, three years, four years and five years. The Zoning Board of Appeals shall prescribe rules for the conduct of its affairs.
Powers and duties. The Zoning Board of Appeals shall have all the powers and duties prescribed by law and this chapter, including the following:
Interpretation, requirements, decisions, determinations. The Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation or determination of the Zoning Enforcement Officer appealed from and shall make such order, requirement, decision, interpretation or determination as in its opinion ought to have been made in the matter by the Zoning Enforcement Officer.
Conditional uses: to authorize issuance of a permit for conditional uses for any of the uses which this chapter requires the authorization of the Zoning Board of Appeals, after referral to and recommendation by the Planning Board and subject to the requirements prescribed by this chapter. No such use shall be authorized by the Zoning Board of Appeals unless it finds that the use for which such permit is sought will not, in the circumstances of the particular case, with any supplemental requirements that the Zoning Board of Appeals considers to be necessary or desirable, be injurious to the neighborhood or otherwise detrimental to the public welfare.
Use variances.
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 the land which otherwise would not be allowed or would be prohibited by the terms of the ordinance or local law.
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 Board of Appeals that under applicable zoning regulations the applicant cannot realize a reasonable return or benefit from the property in question as zoned, which deprivation must be established by competent financial evidence; 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; that the requested use variance, if granted, will not alter the essential character of the neighborhood; and that the alleged hardship has not been self-created.
The Zoning Board of Appeals, in granting a use variance, 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.
Area variances.
The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of the Zoning Enforcement Officer, to grant area variances from the area or dimensional requirements of such ordinance or local law.
In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed 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 the following:
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.
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance.
Whether the requested area variance is substantial.
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.
Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board but shall not necessarily preclude the granting of the area variance.
The Zoning Board of Appeals, in granting an area variance, 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.
Imposition of conditions. The Zoning Board of Appeals shall, in granting 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 the zoning ordinance or local law and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
Procedure. The Zoning Board of Appeals shall act in strict accordance with the procedures specified by law and by this chapter. All appeals and applications made to the Zoning Board of Appeals shall be in writing, on forms prescribed by the Board, according to the following:
Notification, referral and public hearing. Every appeal or application shall refer to the specific provisions of the chapter involved and shall exactly set forth the interpretation that is claimed, the purpose for which the conditional use is sought or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be. The Zoning Board of Appeals shall fix a reasonable time for the public hearing required for every appeal or application and shall give public notice of such hearing at least 10 days prior to the date thereof and shall, at least 10 days before such public hearing, mail notices thereof to the parties involved and such other referrals as may be required under the General Municipal Law §§ 239-1 and 239-m. At least 10 days before the date of the public hearing required by law on the application or appeal to the Zoning Board of Appeals, the Board has the option of seeking the recommendation of the Planning Board of the Town of Trenton and, if so, will transmit a copy of said application or appeal, together with a copy of the notice of aforesaid public hearing, and shall request that the Planning Board submit to the Zoning Board of Appeals its advisory opinion prior to the date of said Zoning Board of Appeals public hearing.
[Amended 9-26-2012 by L.L. No. 10-2012]
Consideration. The Zoning Board of Appeals shall hear and decide appeals from and review any order, requirement, decision or determination made by the Zoning Enforcement Officer. It shall also hear and decide all matters referred to it upon which it is required to pass under this chapter. The concurring vote of a majority of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of the Zoning Enforcement Officer or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to effect any variation in the same. Such appeal may be taken by any persons aggrieved or by an officer, department or board of the Town, as follows:
Such appeal shall be taken within 30 days or such additional time as shall be prescribed by the Zoning Board of Appeals by general rule, by filing with the Zoning Enforcement Officer and with the Zoning Board of Appeals a notice of appeal specifying the grounds thereof. The Zoning Enforcement Officer shall forthwith transmit to the Board all of the papers constituting the record upon which the action appealed from was taken.
The Zoning Board of Appeals shall fix a reasonable time for the hearing of the appeal and give due notice thereof to the parties and by publication at least once in the official newspaper 10 days before the date of the hearing. Upon the hearing, any party may appear in person or by agent or by attorney.
Decision and notification. A determination will be made by the Zoning Board of Appeals within 62 days from the date of public hearing and the applicant so notified of the decision in writing. Every decision of the Zoning Board of Appeals shall be by resolution, each of which shall contain a full record of the findings of the Board, which findings shall be on file in the office of the Town Clerk, together with all documents pertaining thereto. The Zoning Board of Appeals shall notify the Town Board and the Planning Board of the Town of Trenton of each conditional use and each variance granted under the provisions of this chapter.
§ 300-35 Amendments.
The Town Board may from time to time, on its own motion or on petition or on recommendation of the Planning Board or Board of Appeals, after public notice and hearing, amend, supplement, repeal or change the regulations and district boundaries established by this chapter pursuant to law and according to the following.
Referral of proposed amendments to the Town Planning Board and Oneida County Planning Department. All proposed amendments, supplements or changes originating by petition or by motion of the Town Board shall be referred to the Town Planning Board for a report and recommendation thereon. The Planning Board shall submit its report within 30 days after receiving such referral. Failure of the Planning Board to report within the required time shall be deemed to be approval of the proposed amendment. In addition, all proposed amendments required to be referred to the Oneida County Planning Department as called for under the General Municipal Law §§ 239-1 and 239-m, and as further described in § 300-34 of this chapter, shall be so referred prior to acting thereon.
Hearing on proposed amendment. Before any amendment, supplement or change in the regulations or district boundaries, there shall be a public notice and hearing thereon as provided by law. Such hearing may be held by the Town Board, by a committee of the Board or by the Planning Board on request of the Town Board.
Adoption of amendment. After the public hearing and referral to and report by the Planning Board, a majority vote of the members of the Town Board shall be required to amend this chapter, except as described in Subsection D, Protest petition, below.
Protest petition. If a protest against a proposed amendment, supplement or change is presented to the Town Board, duly signed and acknowledged, by the owners of 20% or more of the area of the land included in such proposed change or by the owners of 20% or more of the land immediately adjacent 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.
§ 300-36 Required referrals.
Whenever any zoning regulation or any amendment including conditional uses or variances would change the district classification of or a regulation applying to real property within a distance of 500 feet from a municipal boundary; the right-of-way of an existing county or state road; the boundary of a county or state park or other recreation area; the boundary of any county or state owned property on which a public hearing or institution is located; or the boundary of a farm operation located within an Agricultural District, as defined by Article 25-AA of the Agriculture and Markets Law (excluding area variances), said zoning action shall be referred to the Oneida County Planning Department, which said department shall have 30 days in which to report its recommendations to the Town Board. Failure of the County Planning Department to report within 30 days may be construed to be approval by the Department. Notification of action taken on any matter previously referred to the County Planning Department shall be given within 30 days of such action.
§ 300-37 Enforcement.
This chapter shall be enforced by a person hereinafter called the "Zoning Enforcement Officer," designated by the Town Board, who shall in no case grant any zoning permit for any building or use on premises where the proposed erection or relocation or use thereof would be in violation of any provision of this chapter. The Zoning Enforcement Officer shall make such inspections of buildings or premises as are necessary to carry out his duties. The Zoning Enforcement Officer must act upon a request and render a decision, in writing, within 30 days after receipt of the request. No zoning permit required hereunder shall be issued by the Zoning Enforcement Officer except in compliance with the provisions of this chapter or as directed by the Zoning Board of Appeals under the provisions of § 300-34.
§ 300-38 Penalties for offenses.
Any request in writing to the Enforcement Officer requesting an investigation into possible violations of this chapter and/or any related regulations and ordinances in the Town of Trenton must be acted upon and a decision rendered in writing within 30 days of receipt of the written notification. Failure of the Enforcement Officer to render a decision within 30 days shall be construed to be in agreement with the complaint.
Violations of this chapter shall be subject to the provisions of applicable law. Any person residing in the Town of Trenton may file a complaint of alleged violation in writing with the Enforcement Officer. The Enforcement Officer must investigate each complaint. Upon determination by the Enforcement Officer that a violation of this chapter exists, he shall send written notice to the last known owner of record of the property, as determined by the assessment records, informing said owner of the violation of specific provisions of this chapter and stating that action is to be taken by said owner to remove such violation within 30 days or proceedings to compel compliance with the chapter will be instituted. Any person or persons who commit or permit any acts contrary to the provisions of this chapter shall be guilty of a violation thereof and, upon conviction, shall be subject to a fine not exceeding $250 and not less than $50 or imprisonment for not more than 15 days, or both. Each week a violation continues shall constitute a separate, additional violation. Any violation of this chapter may also be enjoined pursuant to law.
In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is used, in violation of this chapter, the Town Board of the Town of Trenton may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.
§ 300-39 Periodic review by Planning Board; interpretation.
Periodic review of Zoning Chapter. From time to time, at intervals of not more than three years, the Planning Board shall reexamine the provisions of this chapter and the location of district boundary lines and shall submit a report to the Town Board recommending such changes or amendments, if any, as may be desirable in the interest of public safety, health, convenience, necessity or welfare.
Interpretation. 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. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the higher standard shall govern.