Verona Town City Zoning Code
ARTICLE VI
Administration and Enforcement
§ 262-36 Enforcement.
The provisions of this chapter shall be enforced by the Code Enforcement Officer, who shall have the power to make inspections of buildings and premises necessary to carry out his or her duties in the enforcement of this chapter. The Code Enforcement Officer shall have all the powers and duties prescribed in the Town Code.
§ 262-37 Code Enforcement Officer.
A.
No building or structure or part thereof shall be created, enlarged, demolished, structurally altered or remodeled, including any change, interior or exterior, in dimension, type of use or number or type of occupancy, until a permit has been issued by the Code Enforcement Officer pursuant to this chapter.
B.
The Code Enforcement Officer shall in no case grant any permit for any building or structure which does not comply with the provisions of this chapter, and where approval of the Planning Board or the Zoning Board of Appeals is required, shall grant a building permit only upon written order of such board.
C.
Building permit application. The building permit application shall include a plan, in duplicate, showing the actual dimensions of the lot where the activity is to take place; the actual size and location on the lot of the building, structure, accessory buildings or other pertinent features (such as parking spaces, signs, landscaping) already existing; the location and other pertinent details of the work to be undertaken through the issuance of the permit; and other such information as shall be required by the Code Enforcement Officer in order to conform to the provisions of this chapter and the New York State Uniform Fire Prevention and Building Code.
D.
Building permit statute of limitations. If no substantial construction has started on a project for which a building permit was issued within one year of the time of first issuance, then the Code Enforcement Officer shall revoke the building permit and require that a new permit be issued for any subsequent activity.
E.
The Code Enforcement Officer, after approval by the Town Board, shall maintain a building permit fee schedule that shall accompany each building permit application.[1]
[1]
Editor's Note: See Ch. 132, Art. II, Fee Schedule.
F.
Occupancy certification. Upon completion of all work activity or any changes to a property covered by a permit or board review, the Code Enforcement Officer shall certify on all copies of the building permit that the property is in conformance with the provisions of this chapter.
§ 262-38 Planning Board.
A.
General powers and duties. The Planning Board shall have all powers, duties and functions prescribed by the Town Law of the State of New York. Such Planning Board shall, consistent with Town Law, determine its own rules and procedures, which shall be filed with the Town Clerk.
B.
Site plan review. Pursuant to New York State Town Law and subsequent amendments, the Planning Board is hereby authorized to review and approve, approve with modifications or disapprove site plans as provided in this chapter. Before making its decision concerning a site plan, the Planning Board shall review and make findings with respect to the general findings and criteria set forth in § 262-31.
C.
Special permits. (See also Zoning Board of Appeals.[1]) Pursuant to New York State Town Law, special permit uses as enumerated in this chapter shall be permitted upon approval by the Planning Board if and when so designated by the Town Board, provided that such uses shall be found to comply with the requirements of this chapter. Before making its decision concerning a special permit use, the Planning Board shall review and make findings with respect to the general findings and specific criteria set forth in § 262-32.
[1]
Editor's Note: See §262-39 of this chapter.
D.
Conditions. In approving any request for a site plan or special permit use, the determination may be modified or conditioned to guarantee performance in any way deemed reasonable under the circumstances.
E.
Advisory reviews.
(1)
A nonbinding advisory review shall be conducted by the Planning Board on all changes to this chapter, any special permits or variances. Advisory review for variances affecting one- or two-family dwellings is not required, but a referral to the Planning Board may be made at the discretion of the Zoning Board of Appeals.
(2)
All advisory reviews shall be by a vote of the Planning Board as regulated by the voting and quorum requirements of New York State law and applicable rules of procedure; such findings shall be communicated in writing to the referring board. Opinions dissenting from the majority view may also be submitted in a written report.
(3)
The Town Board and the Zoning Board of Appeals shall refer appropriate matters to the Planning Board as soon as practical and provide a minimum of 30 days for the Planning Board to review and formulate its written comments. Additional review time may be provided upon mutual agreement.
(4)
The extent and nature of Planning Board comments is not limited; it may, at its discretion, recommend approval or disapproval of a proposal. The Board may also comment upon completeness of submitted material, impacts of a proposal upon Town policies, appropriateness to surrounding land use, elements of a site design and/or suggest mitigating measures to minimize impacts. The Planning Board comments shall be considered by the referring board and may be incorporated into the final decision.
§ 262-39 Zoning Board of Appeals.
A.
Creation, appointment and organization.
(1)
A Zoning Board of Appeals is hereby created by the Town Board in accordance with the provisions of New York State Town Law.
(2)
Such Zoning Board of Appeals shall, consistent with New York State Town Law, determine its own rules and procedure, and all of its deliberations, resolutions and orders shall be in accordance with New York State law.
B.
Powers and duties. The Zoning Board of Appeals shall have all the powers and duties prescribed by Town Law and by this chapter, which are specified as follows:
(1)
Interpretation. After public hearing upon appeal from a decision by an administrative official, to decide any questions involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary if there is uncertainty with respect to its location.
(2)
Variances. After public hearing upon appeal from a decision by an administrative official, to vary or modify the strict application of any of the requirements of this chapter in accordance with New York State Town Law.
(3)
Special permit. The Zoning Board of Appeals is authorized to issue approvals for uses enumerated as special permit uses, and it shall review and make findings with respect to the general findings and specific criteria set forth in § 262-32.
C.
Procedure.
(1)
The Zoning Board of Appeals shall act in strict accordance with the procedure specified by New York State law and by this chapter. All appeals and applications made to the Board shall be in writing, on forms prescribed by the Board. Every appeal or application shall refer to the specific provision of this chapter involved, and shall exactly set forth the interpretation that is claimed or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted.
(2)
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 in the particular case.
§ 262-40 Town Board.
A.
Amendments and establishment of new zoning regulations.
(1)
The Town Board may, from time to time, on its own motion, on petition or on recommendation of the Zoning and/or Planning Board amend, supplement, change, modify or repeal the regulations and provisions of this chapter after public notice and hearing as provided by the New York State Town Law.
(2)
Every proposed amendment or change, whether initiated by the Town Board or by petition, shall be referred to the Zoning and/or Planning Board for report thereon before public hearing. If the Zoning and/or Planning Board shall fail to submit such report within 30 days after referral, or a mutually agreed upon time extension, the Town Board may proceed to enact the proposed amendment or change without such report.
B.
Special authorizations. The Town Board delegates its authority to issue special permit or site plan approvals to the Zoning Board of Appeals and Planning Board. It may, upon amendment to this chapter, reserve any or all such special authorizations to itself.
§ 262-41 Review procedures.
A.
All forms of review.
(1)
All applications for review shall be submitted in writing upon forms provided by the Town and shall include a survey of the property and any additional plans that graphically depict the scope of use and/or construction. Such plan may include preliminary construction drawings, floor plans, building elevations, site development plans, landscaping and utility plans, etc. All plans must be legible and true to scale. Extra copies may be required by the Town and shall be provided by the applicant.
(2)
The reviewing board shall review the plans for completeness and adequacy of information at a public meeting. If it finds that the submitted application form and supporting material is not sufficient, it will instruct the applicant to provide the necessary information.
(3)
The reviewing board, upon determining that the application is satisfactorily complete, shall review the environmental impacts of the proposal and make its findings pursuant to the New York State Environmental Quality Review Act. It may obtain advisory input from any agency, person or group it deems appropriate. It shall also refer the application to any agency required by law and schedule a public hearing, if necessary.
(4)
Upon receipt of comments and after a public hearing, if required, the review board shall, in public meeting, review the application, consider the comments received and vote its approval, approval with modifications or disapproval of the application.
(5)
A written resolution of the Board decision shall be provided to the applicant, the Code Enforcement Officer, Town Clerk and to any interested party.
(6)
Enforcement of the terms of approval of a resolution shall be carried out by the Code Enforcement Officer.
(7)
Informal review of an application in public meeting may occur at any time upon mutual consent of the applicant and reviewing board.
B.
Text amendments/interpretations, subject to the procedure outlined above except that a survey or plans may not be required.