Village Of Albion, NY Zoning Ordinance

If the Code Enforcement Official shall find that any of the provisions of this chapter are being violated, he shall notify, in writing, the owner of the property, as well as the person responsible for such violations if such person is not the owner. Such notice shall indicate the nature of the violation and specify the action required to correct the violation.

In his efforts to attain compliance, the Code Enforcement Official shall have the authority to order:

(a)

Discontinuance of illegal uses of land, buildings or structures;

(b)

(b)Removal of illegal buildings or structures or of illegal additions, alterations or structural changes;

(c)

Stop work; or

(d)

Discontinuance of any illegal work being done.

On the serving of notice by the Code Enforcement Official to the owner of any property violating any of the provisions of this chapter, the certificate of occupancy or certificate of compliance, as appropriate, for such building or use shall be held null and void. A new certificate of occupancy and/or compliance shall be required for any further use of such building or premises.

Issue permits. It shall be the duty of the Code Enforcement Official to issue permits and certificates to applicants who fully comply with the provisions of this chapter.

Referral to Zoning Board of Appeals. An applicant, after being denied a zoning permit, may appeal the Code Enforcement Official's findings to the Zoning Board of Appeals (ZBA) for an interpretation or a variance. Should an appeal be requested, the Code Enforcement Official shall notify the Secretary of the Zoning Board of Appeals of the request and forward all necessary supporting information to the Zoning Board of Appeals for action.

Referral to Village Planning Board. Any application for a special permit, a change in a zoning district or a change in use that requires site plan review shall be forwarded by the Code Enforcement Official to the Secretary of the Village Planning Board for action. All necessary supporting information shall also be forwarded.

Public record and monthly report to Village Board. The Code Enforcement Official shall maintain a permanent and current record of all applications for permits and certificates, his action upon same, any conditions relating thereto and any other matters considered and action taken by him. Such records shall form a part of the records of his office and shall be available for use by Village officials and for inspection by the public. The records to be maintained shall include the following:

Application file. An individual permanent file for each application for a permit or certificate provided for herein shall be established at the time the application is made. Said file shall contain one copy of the application and all supporting documents and plans; notations regarding pertinent dates and fees; one copy of any resolutions or actions of the Village Board, Planning Board or Zoning Board of Appeals in acting on the application; and the date the permit or certificate applied for was issued or denied.

Monthly report. The Code Enforcement Official shall prepare a monthly report for the Village Board. Said report shall cite all actions taken by the Code Enforcement Official, including all referrals made by him; all permits and certificates issued and denied; all complaints of violation received and all violations found by him, and the action taken by him consequent thereon; and the time spent and mileage used. A copy of this monthly report shall also be transmitted by the Code Enforcement Official to the Tax Assessor, Planning Board and Board of Appeals at the same time it is transmitted to the Village Board.

Whenever the Code Enforcement Official denies a permit or certificate he shall, in writing, inform the applicant of the specific reasons for denial and instruct the applicant on the proper methods to apply for relief.

The Code Enforcement Official shall maintain a current list and a map of nonconforming uses to determine if discontinuance or destruction or change in use or vacancy has taken place.

The Code Enforcement Official shall maintain a current list and a map showing activities operating pursuant to variances and special use permits, in order to determine whether such activities are in compliance with the conditions and safeguards required as a condition of approval of such variance or special permit.

Upon written direction from the Planning Board, the Code Enforcement Official shall issue special use permits. Upon approval of a variance by the Board of Appeals, the Code Enforcement Official shall be empowered to issue the necessary permits with the specific conditions to be imposed.

The Code Enforcement Official shall be authorized and empowered to issue appearance tickets pursuant to the New York State Criminal Procedure Law.

§ 290-72 Creation, appointment and organization of Planning Board.

Pursuant to the provisions of the Village Law applicable thereto, the Village Board hereby creates a Planning Board. The existing Planning Board shall be continued.

The Planning Board shall consist of five members, each with a term of five years. The terms of membership shall run concurrent with the governmental year. The Board is hereby vested with the powers and duties subject to the limitations set forth in § 7-718 of Article 7 of the Village Law, as the same may be amended, modified, or changed from time to time, or any sections subsequently adopted pertaining to Planning Boards.

Members and the Chairperson of such Planning Board shall be appointed by the Village Board. Minimum requirements for Planning Board members are:

[Amended 2-9-2005 by L.L. No. 2-2005]

Training. Each Board member is required to complete a minimum of two hours of training per calendar year. At the discretion of the remaining members of the Planning Board, and upon recommendation to the Village Board or the Village Board of its own accord, may move a member for failure to comply with this requirement.

Attendance. Each Board member shall be required to attend 75% of the scheduled meetings in each calendar year. In addition, failure to attend three consecutive meetings without good cause may be grounds for removal from the Board.

No person who is a member of the Village Board shall be eligible for membership on the Planning Board.

The terms of members of the Planning Board first appointed shall be so fixed that the term of one member shall expire at the end of the Village governmental year in which such members were initially appointed. The terms of the remaining members first appointed shall be so fixed that one term shall expire at the end of each governmental year thereafter. At the expiration of the term of each member first appointed, his or her successor shall be appointed for a five-year term.

If a vacancy shall occur otherwise than by expiration of term, the Mayor shall appoint the new member for the unexpired term, subject to the approval of the Village Board.

The Village Board shall have the power to remove, after public hearing, any member of the Planning Board for cause and may provide by local law for removal, after public hearing, of any Planning Board member for noncompliance with minimum standards relating to meeting attendance and training as established by the Village Board by local law.

All meetings of the Planning Board shall be held at the call of the Chairperson and at such other times as such Board may determine.

No person shall be disqualified from service as a member of the Planning Board by reason of serving as a member of the Town or County Planning Board.

The Planning Board shall establish such rules and regulations as are required by law and the provisions herein for the transaction of its business and may amend, modify and repeal the same from time to time.

§ 290-73 Powers and duties of Planning Board.

The Planning Board shall have the following powers and duties:

To prepare and from time to time recommend changes to the Comprehensive Plan for the development of the Village.

To review proposals to approve or disapprove the laying out, closing off, abandonment or changes in lines of streets, highways and public areas and to make recommendations to the Village Board.

To make investigations and reports relating to the planning and development of the Village as it deems desirable. This shall include, but not be limited to, changes in boundaries of districts, recommended changes in the provisions of this chapter, other land use and development matters of importance to the Planning Board and any matter lawfully referred to it by the Village Board.

To review, act on or provide advisory reports as specified by this chapter.

Conduct site plan review as authorized by the New York State Village Law and prescribed in Article X of this chapter.

Review and grant or deny special permits as authorized by Article IX.

To review and approve, approve with modifications or disapprove plats showing lots, blocks or sites for subdivisions under § 7-728 of Article 7 of the Village Law.

All such powers as are conferred upon Village planning boards by the provisions of the Village Law now or hereafter in effect.

The Village Board can by resolution authorize the Planning Board to modify applicable provisions of the Zoning Chapter simultaneously with plat approval in accordance with the New York State Village Law.

§ 290-74 Creation, appointment and organization of Zoning Board of Appeals.

Pursuant to § 7-712 of the Village Law, there shall be a Zoning Board of Appeals consisting of five members, holding staggered five-year terms, appointed by the Village Board.

Of the members of the Zoning Board of Appeals first appointed, one shall hold office for the term of one year, one for the term of two years, one for the term of three years, one for the term of four years and one for the term of five years. All terms shall run concurrent with the governmental year. Their successors shall be appointed for a term of five years from and after the expiration of the terms of their predecessors in office.

Minimum requirements for Zoning Board of Appeals members.

Training. Each Board member is required to complete a minimum of two hours of training per calendar year. At the discretion of the remaining members of the Zoning Board of Appeals, and upon recommendation to the Village Board or the Village Board of its own accord, may remove a member for failure to comply with this requirement.

Attendance. Each Board matter shall be required to attend 75% of the scheduled meetings in each calendar year. In addition, failure to attend three consecutive meetings without good cause may be grounds for removal from the Board.

The Village Board shall appoint the Chairman of the Zoning Board of Appeals. No member of the Village Board shall be eligible for membership on the Zoning Board of Appeals.

The Mayor shall have the power to remove, after public hearing, any member of the Zoning Board of Appeals for cause and may provide by local law for removal, after public hearing, of any Zoning Board of Appeals member for noncompliance with minimum requirements relating to meeting attendance and training as established by the Village Board by local law.

All meetings of the Zoning Board of Appeals shall be held at the call of the Chairperson and at such other times as such Board may determine. Such Chairperson, or in his or her absence the acting Chairperson, may administer oaths and compel the attendance of witnesses.

The Zoning Board of Appeals shall establish such rules and regulations as are required by state and local laws for the transaction of its business and may amend, modify and repeal the same from time to time.

Whenever the Zoning Board of Appeals, after hearing all the evidence presented upon an application for appeals under the provisions of this chapter, denies or rejects the same, said Zoning Board of Appeals shall refuse to hold further hearings on the same or substantially similar application for appeal by the same applicant, their successors or assigns, for a period of one year, except and unless the Zoning Board of Appeals shall find and determine, from the information supplied in the request for a rehearing, that a change in conditions has occurred which relates to the promotion of public health, safety, convenience, comfort, prosperity and general welfare and that a reconsideration is justified. Such rehearing may be granted only upon the favorable vote of not less than four members of the Zoning Board of Appeals.

§ 290-75 General procedures of Zoning Board of Appeals.

Meetings, minutes and records. Meetings of such Zoning Board of Appeals shall be open to the public to the extent provided in Article 7 of the Public Officers Law. Such 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. The Zoning Board of Appeals shall make factual record of all its proceedings, including the reading of the case, public hearing, deliberation, voting and decisions of the Board. These factual records shall be taken by stenographic and/or tape recorder means and shall be accurate but not necessarily a verbatim transcript, but may be in narrative form.

Filing requirements. Every rule and regulation, every amendment or repeal thereof and every order, requirement, decision or determination of the Zoning Board of Appeals shall be filed in the office of the Village Clerk within five business days and shall be a public record.

Assistance to Zoning Board of Appeals. Such Board shall have the authority to call upon any department, agency or employee of the Village for such assistance as shall be deemed necessary and as shall be authorized by the Village Board. Such department, agency or employee shall be reimbursed for any expenses incurred as a result of such assistance.

§ 290-76 Permitted actions by Zoning Board of Appeals.

Interpretations, requirements, decisions and determinations. The Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation or determination 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 Code Enforcement Official and, to that end, shall have all the powers of the administrative official from whose order, requirement, decision or determination the appeal is taken.

Use variances.

The Zoning Board of Appeals, on appeal from the decision or determination of the Code Enforcement Official, 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 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:

(a)

The applicant cannot realize a reasonable return, provided that lack of return is substantial, as demonstrated by competent financial evidence;

(b)

The alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the zone district or neighborhood;

(c)

The requested use variance, if granted, will not alter the essential character of the neighborhood; and

(d)

The alleged hardship has not been self-created.

The Zoning Board of Appeals, in the granting of use 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.

Area variances.

The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of the Code Enforcement Official, to grant area variances from the area or dimensional requirements of this chapter.

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:

(a)

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;

(b)

Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than an area variance;

(c)

Whether the requested area variance is substantial;

(d)

Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or zone district; and

(e)

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.

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.

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 and/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 that such variance may have on the neighborhood or community.

§ 290-77 Procedures for variances and other appeals.

The Zoning Board of Appeals shall hear and decide requests for variances and appeals from and review of any order, requirement, decision, interpretation or determination made by an administrative official charged with the enforcement of this chapter. Such appeal may be taken by any person aggrieved or by an officer, department or board of the Village.

All applications for variances shall be in writing on forms established by the Zoning Board of Appeals. Forms shall be available from the Code Enforcement Official.

Every application shall refer to the specific provision of the law involved and establish the details of why the variance should be granted.

Upon receipt of the completed application the Zoning Board of Appeals shall:

Schedule a public hearing as provided in Subsection G of this section.

Arrange for publication of notice of the public hearing as described in Subsection G of this section.

If required by New York State General Municipal Law § 239-m, refer the application to the County Planning Board.

(4)

If required, initiate the environmental review process pursuant to SEQR.

Time of appeal.

Such appeal shall be taken within 60 days after the filing of any order, requirement, decision, interpretation or determination of the administrative official charged with the enforcement of this chapter by filing with such administrative official and with the Zoning Board of Appeals a notice of appeal, specifying the grounds thereof and the relief sought.

The administrative official from whom the appeal is taken shall forthwith transmit to the Zoning Board of Appeals all the papers constituting the record upon which the action appealed from was taken.

Stay upon appeal. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Code Enforcement Official certifies to the Zoning Board of Appeals, after the notice of appeal shall have been filed, that by reason of facts stated in the certificate a stay would, in his or her 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 Zoning Board of Appeals or by a court of record, on application, on notice to the administrative official from whom the appeal is taken and on due cause shown.

Public hearing on appeal.

The Zoning Board of Appeals shall fix a reasonable time for a public hearing on the appeal or other matter referred to it, not to exceed 30 days from date of Zoning Board of Appeals receipt or 60 days for those cases referred to the County Planning Board.

The Zoning Board of Appeals shall give public notice thereof by the publication, in a paper of general circulation in the Village, of a notice of such hearing, at least seven days prior to the date thereof, and shall mail notices thereof to the applicant at least five days prior to the hearing.

The applicant shall place one sign on the property for which a variance or other appeal is requested. Said sign shall be provided by the Code Enforcement Official. The sign shall be placed in a location which is easily read from a public street. The sign shall specify the date, time and place of the public hearing and a telephone number to call for more specific information. Such sign shall be placed on the site not less than five days prior to the public hearing and shall be brought to the hearing by the applicant or his designated representative.

(4)

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 Zoning Board of Appeals prior to the hearing of such appeal.

Voting procedures.

The concurring vote of not less than three members of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of any such administrative official or to grant a use variance or area variance.

In accordance with General Municipal Law § 809, a member of the Zoning Board of Appeals having a conflict of interest shall abstain from any discussion or voting on that matter.

All votes shall be by roll call.

Notice to Park Commission and County Planning Board. At least five days before such hearing, the Zoning Board of Appeals shall mail notices thereof to the Regional State Parks Commission having jurisdiction over any state park or parkway within 500 feet of the property affected by such appeal and to the County Planning Board as required by § 239-m of the General Municipal Law, which notice shall be accompanied by a full statement of the matter under consideration, as defined in Subdivision 1 of Section 239-m of the General Municipal Law.

Time of decision.

Within 62 days of the public hearing, the Zoning Board of Appeals shall render a decision. The time within which the Zoning Board of Appeals shall render its decision may be extended by mutual consent of the applicant and the Board.

If the matter was referred to the County Planning Board, a copy of the Zoning Board of Appeals's findings and decision shall be sent to the County Planning Board within seven days of rendering the decision.

Filing of decision and notice. The decision of the Zoning Board of Appeals on the appeal shall be filed in the office of the Village Clerk within five business days after the day such decision is rendered, and a copy thereof mailed to the applicant.

All decisions shall be by a majority vote of the membership (three), except in the case of the County Planning Board recommending disapproval or modification of a referral. In such cases, a majority plus one vote (total vote of four) shall be required to override the County Planning Board recommendation.

§ 290-78 Referrals to County Planning Board.

Required referrals. New York State General Municipal Law § 239-m requires that any of the following local zoning actions shall be referred to the County Planning Board prior to action by the local board. Any proposal for a special permit, variance, site plan approval, change in the zoning law text or map (rezoning, amending the zoning law) which would affect real property lying within a distance of 500 feet from the boundary of the corporate limits of the Village; any right-of-way of any county or state road or parkway; or any existing or proposed county- or state-owned land on which a public building or institution is situated shall be referred to the County Planning Board, which shall have 30 days from date of county receipt to take action on the matter. By mutual agreement of the county and the municipality, such 30-day period may be extended in special cases.

Effect of County Planning Board review.

If the County Planning Board approves a referral, then the local board's decision is governed by a majority vote.

If the County Planning Board disapproves or approves a referral subject to stated conditions or modifications, the local board may override the county opinion only by a majority plus one vote.

Report on final local action. The local board shall send a copy of its final decision on a county referral, and reasons for its decision to the County Planning Board within seven days after the local decision is reached.

§ 290-79 State environmental quality review (SEQR).

The State Environmental Quality Review Act requires local governments to examine the environmental impact of all actions they permit, fund or construct. Article 6 and Part 617 of Title 6 of the New York Code of Rules and Regulations are hereby adopted by reference.

All Type I and unlisted actions (6 NYCRR Part 617) shall require the submission of an environmental assessment form.

For a zoning action to be undertaken by the Village, the following bodies shall be lead agency, unless otherwise determined by the agencies with jurisdiction over the application:

	Type of Action	Lead Agency
	Zoning text amendments	Village Board
	Zoning district amendments	Village Board
	Special permits	Planning Board
	Site plan review	Planning Board
	Variances	Zoning Board of Appeals

If, in the opinion of the lead agency, after review of the environmental assessment form, there appears the potential for a significant environmental impact, the lead agency shall cause the applicant to prepare a draft environmental impact statement (EIS). Review, notice and action on the EIS shall be conducted according to Part 617.

The lead agency's review of the action shall include the following procedures and general considerations:

If the lead agency determines that the proposed action is not an exempt action or an action listed in Section 617.4 of Title 6 NYCRR as a Type II action, and that it will not have a significant effect on the environment or local plans, then the lead agency shall prepare, file and circulate a negative declaration as provided for in Section 617.7(b) of Title 6 NYCRR, and thereafter the proposed action may be processed without further regard to SEQR procedures.