Vernon Town City Zoning Code
PART 8
Administrative Provisions
§ 139-86 Zoning Enforcement Officer.
The provisions of this chapter shall be administered and enforced by a person designated by the Town Board as the "Zoning Enforcement Officer," who shall have the power to make inspections of buildings or premises necessary to carry out his duties in the enforcement of this chapter. No zoning permit or certificate of occupancy required hereunder shall be issued by the Zoning Enforcement Officer except in compliance with the provisions of this chapter or as directed by the Board of Appeals under the provisions of Article XXIII.
§ 139-87 Zoning permits.
No building shall be erected or altered and no change in the primary use of a property initiated and no clearing, grading or excavation for any building or use shall begin unless and until a zoning permit for such work has been issued by the Zoning Enforcement Officer in compliance with this chapter and the New York State Uniform Fire Prevention and Building Code, as amended.
Applications for zoning permits shall be submitted in triplicate on a form or forms provided by the Zoning Enforcement Officer. Each zoning permit application shall set forth all the information necessary to determine compliance with the provisions of this chapter and the New York State Uniform Fire Prevention and Building Code, as amended. The Zoning Enforcement Officer may require such additional information, other than that called for on the application form, as may reasonably be needed to determine if the proposed action is in conformity with the provisions of this chapter and the State Uniform Fire Prevention and Building Code.
The ZEO shall have the right to inspect all two-family and multiple-family residential rental units in the Town of Vernon annually. In the event that an interim inspection is deemed necessary, the ZEO may request an inspection upon advance notification to the property owner of five business days.
§ 139-88 Certificates of occupancy.
A certificate of occupancy is required for any of the following:
Occupancy and use of a building hereafter erected, altered, moved or extended.
Change in the use of an existing building.
Occupancy and use of vacant land, except for any use consisting primarily of tilling the soil or similar agricultural use.
Change in the use of land, except for any use consisting primarily of tilling the soil or similar agricultural use.
A certificate of occupancy may be obtained on application from the Zoning Enforcement Officer. Such certificate shall be issued only if the proposed use of the building or land conforms to the provisions of this chapter. The Zoning Enforcement Officer shall make or cause to have made an inspection of each building or lot for which a certificate of occupancy has been applied before issuing such certificate. Such inspection shall be made within a reasonable period of time from the date of application.
§ 139-89 Penalties for offenses.
A violation of this chapter is hereby declared to be an offense punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine of not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine of not less than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors, and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate, additional violation.
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 proper local authorities of the Town, in addition to other remedies, 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 building, structure or land.
§ 139-90 Establishment and membership.
A Board of Appeals is hereby established. It shall consist of five members. The term of office of the members of the Board of Appeals and the manner of their appointment shall be in accordance with the provisions of the Town Law. Vacancies occurring in said Board shall be filled for such unexpired period only.
§ 139-91 Statutory authority.
The Board of Appeals shall have the duties, rights, powers and functions conferred upon it by § 267 of Article 16 of the Town Law and any other provisions of law or ordinance applicable thereto, including the following.
§ 139-92 Meetings.
All meetings of the Board of Appeals shall be held at the call of the Chairman and at such other times as such Board may determine. Such Chairman, or in his absence the Acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. Such Board 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.
§ 139-93 Records.
All decisions of the Board shall be in writing, and a copy of each decision shall be sent to the applicant and to the Zoning Enforcement Officer. Every rule, regulation, amendment or repeal thereof and every order, requirement, decision or determination of the Board shall immediately be filed in the office of the Board and Town Clerk and shall be a public record. Each decision shall set forth fully the reasons for the decision of the Board and the findings of fact on which the decision was based. Such findings and reasons shall include references to the standards of § 139-96 where the appeal is for a variance or a special permit.
§ 139-94 Appeals.
The 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 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 any matter upon which it is required to pass under this chapter or to effect any variation in this chapter. Such appeal may be taken by any person aggrieved or by any officer, department, board, or bureau of the Town.
Such appeal shall be taken within 60 days or such additional time as shall be prescribed by the Board of Appeals by general rule, by filing with the Zoning Enforcement Officer and with the 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 139-95 Stay of proceedings.
An appeal stays all proceedings in furtherance of the action appealed from unless the Zoning Enforcement Officer from whom the appeal is taken certifies to the Board of Appeals, after the notice of appeal shall have been filed with him, that by reason of acts stated in the certificate a stay would in his opinion cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown.
§ 139-96 Powers and duties; criteria for decisions.
The Board of Appeals shall have the following powers and duties prescribed by statute and by this chapter:
Interpretation. On appeal from a determination of the Zoning Enforcement Officer, to hear and decide on questions where it is alleged there is an error in any order, requirements, decision, or determination made by the Zoning Enforcement Officer involving the interpretation of any provision of this chapter.
Variances. On an appeal from a determination of the Zoning Enforcement Officer and in conformity with law, to vary the requirements as they apply to a particular lot where the property owner can show that his property was acquired in good faith and where the strict application of this chapter would result in practical difficulty (area variance) or unnecessary hardship (use variance). No application for a variance shall be acted on until the required public hearing has been held. The Board of Appeals shall prescribe appropriate conditions and safeguards to carry out the requirements of this subsection and shall not grant any variance unless it shall make a finding of fact based upon the evidence as presented to it in each specific case as specified below:
Area variance. This is a variance involving dimensional deviations from the standards set forth in this chapter. Because of exceptional narrowness, shallowness, shape or area of the specific parcel or because of extraordinary topographic conditions or other physical conditions or location of the specific parcel, the strict application of the provisions of this chapter actually prohibit or unreasonably restrict the use of the land or building for which such variance is sought, and the granting of the variance is necessary for the reasonable use of such property and the variance granted by the Board is the minimum variance that will provide for the reasonable use of the property. Practical difficulty is the test for an area variance. The Board shall address each of the following criteria in making a determination for an area variance:
How substantial the variance is in relation to the zoning requirement.
The effect of the increased population density or land use intensity on available government facilities. This could include fire and police protection, schools and utilities.
Whether a substantial change will be produced in the character of the neighborhood, or whether a substantial detriment to adjoining properties will be created.
Whether the difficulty can be eliminated by some method other than a variance which is feasible for the applicant to pursue. In the case of side yard variances in particular, it is frequently feasible, proper, and possible for the applicant to alter the plot plan to locate a proposed structure or addition in a new location which does not require any variance.
Whether, in view of the manner in which the difficulty arose and in consideration of the above factors, the interests of justice will be served by allowing the variance.
Use variance. This is a variance which permits a use of land which is prohibited by this chapter. The granting of a use variance will alleviate a clearly demonstrable hardship as distinguished from a special privilege or convenience sought by the owner, which conditions are peculiar to such land or building and do not apply generally to land or buildings in the vicinity or neighborhood and have not resulted from any act of the applicant subsequent to the adoption of this chapter. Unnecessary hardship is the test for a use variance. The Board shall address each of the following criteria in making a determination for a use variance:
The land in question cannot yield a reasonable return if used only for a purpose allowed in that zone.
The use to be authorized by the variance will not alter the essential character of the locality.
The use to be authorized by the variance is granted in accordance with the Town Law of New York State § 267-b(2) and any future amendments thereto.
In any case, the granting of the variance will be in harmony with the intent, spirit and purpose of this chapter and will not otherwise be injurious to the neighborhood.
Special permit uses.
On application, supplementing an application to the Zoning Enforcement Officer for a zoning permit or certificate of occupancy, the Board of Appeals may grant a permit for any use for which approval of the Board is required under this chapter. In granting such permit, the Board may specify appropriate conditions in harmony with the following standards:
The use shall be of such location, size and character that it will be in harmony with the appropriate and orderly development of the district in which it is situated and will not be detrimental to the orderly development of adjacent districts.
The location and size of the use, the nature and intensity of the operations involved in or conducted in connection therewith, its site layout and its relation to streets giving access to it shall be such that traffic to and from the use and the assembly of persons in connection with it will not be hazardous or inconvenient to the neighborhood or conflict with the normal traffic of the neighborhood. In applying this standard, the Board shall consider, among other things, convenient routes of pedestrian traffic, particularly of children, relation to main traffic thoroughfares and to street and road intersections and the general character and intensity of development of the neighborhood.
The location and height of buildings, the location, nature and height of walls and fences and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the proper development and use of adjacent land and/or buildings or impair the value thereof.
The Board of Appeals shall conduct a public hearing to consider issuance of any special permit and, in addition, to publishing a notice of the hearing in the Town newspaper at least 10 days prior to the hearing, the Board of Appeals shall, in addition, mail written notice of such public hearing by regular mail to all owners of property contiguous to the parcel where the proposed special use is to be conducted using the current address and property ownership information for contiguous parcels as reflected in the Town Assessor's records, and such regular mail notice is to be mailed at least 10 days prior to the hearing.
§ 139-97 Hearing and determination.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The 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 at least five days before the date of the hearing and shall decide the same within a reasonable time. The petitioner and/or his duly authorized representative shall be present for the hearing. The Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end shall have all the powers of the officer from whom the appeal is taken.
§ 139-98 Initiation.
The Town Board may from time to time, on its own motion, amend, supplement, repeal or change the regulations and district boundaries established by this chapter.
Whenever the owners of 50% or more of the frontage in any district or part thereof shall present a petition, duly signed and acknowledged, to the Town Board, requesting an amendment, supplement or change of the regulations prescribed for such district or part thereof, it shall be the duty of the Town Board to vote upon said petition within 30 days after the filing of the same by the petitioners with the Town Clerk.
The Zoning Board of Appeals may, by resolution, propose an amendment to the Town Board, suggesting a change or repeal of the regulations. Within 60 days from the time such resolution is filed with the Town Clerk, it shall be the duty of the Town Board to vote on such proposed amendment.
§ 139-99 Referral to Town Zoning Board of Appeals and County Department of Planning.
All proposed amendments, supplements, or changes originating by petition or by motion of the Town Board shall be referred to the Zoning Board of Appeals for a report and recommendations thereon. The Zoning Board of Appeals shall submit its report within 30 days after receiving such referral. Failure of the Zoning Board of Appeals to report within the required time shall be deemed to be approval of the proposed amendment.
Whenever any zoning regulation or any amendment, including special permits or variances, would change the district classification of or a regulation applying to real property within a distance of 500 feet from any boundary line of properties in a neighboring municipality or upon other county or state property as described in §§ 239-l and 239-m of the General Municipal Law, said zoning regulation or amendment shall be referred by the Town Board to the Oneida County Department of Planning, which Department shall have 30 days in which to report its recommendations to the Town Board. Failure of the County Department of Planning to report within 30 days may be construed to be approval by the Department.
§ 139-100 Public hearings.
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 Zoning Board of Appeals on request of the Town Board.
§ 139-101 Adoption.
After the public hearing and referral to and report by the Zoning Board of Appeals, a majority vote of the members of the Town Board shall be required to amend this chapter except as described in § 139-102.
§ 139-102 Protest petitions.
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 therefrom or by the owners of 20% or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such amendment shall not be passed except by the favorable vote of 3/4 of the Town Board.