Walton Town City Zoning Code
ARTICLE IX
Administration
§ 200-82 Enforcement.
The duty of administering and enforcing the provisions of this Code is hereby conferred upon the Code Enforcement Officer. He shall be appointed by the Town Board and receive compensation as the Town Board shall determine.
§ 200-83 Duties and procedures of the Code Enforcement Officer.
Administer this chapter.
The Code Enforcement Officer shall review all applications for building permits and, if the minimum requirements of this Code are met, he shall issue a zoning permit.
If the applicant's plans do not meet the zoning requirements, he must deny the zoning permit. The Code Enforcement Officer may not use discretionary judgment. He must enforce the "letter of the law".
Referral to the Zoning Board of Appeals. An applicant, after he has been denied a zoning permit, may appeal the Code Enforcement Officer's findings to the Zoning Board of Appeals (ZBA) for an interpretation or a variance. Should an appeal be requested, the Code Enforcement Officer shall notify the Secretary of the Zoning Board Appeals of the request and forward all necessary supporting information.
Referral to Town Planning Board. Any application for a special permit, change of zoning district or use that requires a site plan review shall be forwarded by the Code Enforcement Officer to the Secretary of the Town Planning Board along with all supporting information.
Cite zoning violations. For any plans, construction, building, or use of premise found in violation of this chapter, the Code Enforcement Officer shall order the responsible party, in writing, to remedy the conditions. He shall have the authority to issue a stop order to constrain the continuance of violation.
Report to Town Board. A monthly report to the Town Board describing and enumerating actions taken and zoning permits issued shall be given.
Public record. The Code Enforcement Officer shall file all permit actions with the Town Clerk.
§ 200-84 Permits required.
The Building Inspector shall not issue a building permit unless and until the Code Enforcement Officer has issued a zoning permit or determined that a zoning permit is not required. No use or structure shall be established or erected nor land developed until a zoning permit has been issue by the Code Enforcement Officer, who shall issue such permits in accordance with regulations in this Code.
Preapplication conference with Planning Board. Preapplication conferences with the Town's Planning Board are encouraged for all applicants seeking permits for nonresidential uses or nonfarm uses.
Application. All applications for zoning permits shall be in writing, signed by the owner, on forms furnished by the Code Enforcement Officer and shall be filed with the officer and briefly state:
Nature and definite purpose of the building or use sought.
Description of the property and buildings to be placed thereon.
Statement of any restrictions by deed or other instrument of record.
An agreement to comply with this chapter and all other laws, ordinances and regulations that may be applicable.
Such other information as the Town Board, the Board of Appeals or Code Enforcement Officer may require.
Evidence that application for sewage disposal permit from the New York City Department of Environmental Protection, Bureau of Water Supply, has been made.
Action. The Code Enforcement Officer shall act upon all applications for zoning permits within 20 working days of the day of application. Such official shall issue or refuse to issue such permits.
Refusal. Where the proposed construction, alteration or use of the building or lot is in violation of any of the provisions of this chapter or when a special permit or site plan approval is needed, the permit shall not be issued. Such refusal shall be in writing, a copy of which shall be sent to the applicant. Such refusal will enable the applicant to submit an appeal to the Zoning Board of Appeals, or the Town Board or Planning Board, as specified elsewhere in this chapter, for relief from the Code Enforcement Officer's decision.
Term. A zoning permit shall become void 12 months from the date of issuance unless substantial progress has been made since that date on the project described therein; provided, however, that the permit shall be renewed by the Code Enforcement Officer for an additional 12 months upon application therefor. Additional extensions shall be subject to approval by the Zoning Board of Appeals.
Exceptions.
Farm structures. No zoning permit shall be required for any farm building or use as defined in Article II of this chapter.
Maintenance and repair. No zoning permit shall be required for normal maintenance and repair work, for painting, interior decoration, landscaping and the construction of a structure, such as a utility shed or animal shelter, where the total floor area is 144 square feet or less.
Environmental assessment. Until authorized by appropriate lead agency, no building permit shall be issue for any proposed building or land use which would require environmental assessment in accordance with the State Environmental Quality Review Act of 1975[1] and any county or Town rules and regulations enacted pursuant thereto. Such application shall be referred to the appropriate lead agency for a determination as to whether an environmental impact assessment will be required.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
Fees. All fees shall be paid at the office of the Town Clerk upon filing an application. Fees shall be in accordance with the Town of Walton standard fee schedule.[2]
§ 200-85 Board of Appeals.
Creation, appointment and organization. A Board of Appeals shall consist of five members appointed in accordance with § 267 of the Town Law. The Town Board shall designate a chairman, and from its membership the Board of Appeals shall appoint a secretary and shall prescribe rules for the conduct of its affairs. No person who is a member of the Town Board shall be eligible for membership on such Board of Appeals.
Power and duties. The Board of Appeals shall have all the powers and duties prescribed by statute and by this chapter, which are more particularly specified as follows:
Interpretation. Upon appeal from a decision by an administrative official, to decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of a district boundary if there is uncertainty with respect thereto.
Appeals for variances. Upon denial of a building permit by the Code Enforcement Office, the Zoning Board of Appeals shall hear requests for variances.
Area variance.
Area variances may be granted where setback, frontage, lot size, density or yard requirements of this chapter cannot be reasonably met. The Zoning Board of Appeals, in its findings, must find that practical difficulty was present.
In determining practical difficulty, the Zoning Board of Appeals shall respond in its findings to each of the following questions:
How substantial the variance is in relation to the zoning requirement.
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 a 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.
Proof of significant economic injury or inability to improve access to solar radiation for energy uses may be grounds for granting area variance. In granting any area variance, the Board of Appeals may/shall prescribe any conditions that it deems necessary or desirable.
The following shall not be considered in determining practical difficulty:
The owner is merely inconvenienced.
The owner is prevented from building a second or subsequent structure.
The owner is prevented from building a structure as large as he/she would like, provided he/she can build one of reasonable size.
A larger building will merely improve the efficiency of a business or yield more profit.
Use variance.
A use variance may be granted by the Zoning Board of Appeals only after the findings of the Zoning Board of Appeals establish that unnecessary hardship exists.
In determining whether unnecessary hardship exists, the Zoning Board of Appeal's findings must establish each of the following criteria:
The land in question cannot yield a reasonable return if used only for a purpose allowed in that zone. A promise of greater yield by allowing a prohibited use is not to be considered.
The use to be authorized by the variance will not alter the essential character of the neighborhood and is compatible with the area.
The use to be authorized by the variance will not be contradictory or detrimental to the spirit or intent of the zoning district or this chapter itself.
That the hardship claimed is not self-created.
That unique circumstances of the property concerned or the intended use of the property exist and are not general or reoccurring on other properties as to make amendment of this chapter a more reasonable solution.
Procedure.
All applications for variances shall be in writing on forms established by the Zoning Board of Appeals. They are available from the Code Enforcement Officer.
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 within 62 days.
Arrange publication of notice of public hearing in the Town's official newspaper.
Authorize the applicant to notify, in writing, all landowners within 500 feet of the applicant's parcel by return receipt mail; the applicant shall furnish receipts to the Zoning Board of Appeals at the start of the public hearing.
All use variances submitted to the Board of Appeals shall be referred to the Planning Board for review as to the conformance with the objectives of the Comprehensive Plan. No decision shall be made by the Board of Appeals until such Planning Board review has been completed and a report issued. If the Planning Board fails to issue its report within 30 days, the Board of Appeals shall assume that a favorable report has been issued.
Refer application to the County Planning Board as required by General Municipal Law § 239, if required.
Determine whether a draft environmental impact statement should be required.
Within 62 days of the public hearing, Zoning Board of Appeals shall render a decision. If matter was referred to the County Planning Board, a copy of the Zoning Board of Appeals' findings and decision must be sent to the County Planning Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 200-86 Planning Board.
General. In all cases where this chapter requires authorization and approval of plans by the Planning Board, no zoning permit shall be issued by the Code Enforcement Officer except upon authorization of and in conformity with the plans approved by the Planning Board.
Site plan. The Town of Walton hereby authorizes the Planning Board to review and approve, to approve with modification, or to disapprove site plans.
Special permits. The Planning Board is further authorized to issue special permits upon determination that the public health, safety and welfare shall be served and neighboring properties will not be injured.
Referrals and reports. The Town Planning Board will receive referrals from the Zoning Board of Appeals on certain actions and will prepare and submit reports to the Zoning Board of Appeals.
§ 200-87 County Planning Board.
The Zoning Enabling Laws require that any of the following local zoning actions 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 chapter text or map (rezoning, amending and zoning law) which would affect the real property lying within a distance of 500 feet from the boundary of:
Any county;
Any town;
Any village;
Any existing or proposed county or state park;
Any right-of-way of any county or state road or parkway;
Any stream or canal owned by the county;
Any existing or proposed county- or state-owned land on which a public building or institution is situated;
Any farm operation within an agricultural district must be referred to the County Planning Board, which shall have 30 days from date of county receipt to take action on the matter.
§ 200-88 Violations.
Any one or combination of the following three procedures may be used in response to violations of this chapter:
Complaint of violations.
Filing of complaint. A complaint of violation of this chapter may be made by any resident, landowner or Town official, including the Code Enforcement Officer. All such complaints must be in writing, signed and shall be filed with the Code Enforcement Officer, who shall properly record such complaint and immediately investigate to determine the presence of a violation.
Notice of violation. Whenever, in the opinion of the Code Enforcement Officer, after examination and inspection, there appears to exist a violation of any provision of this chapter, or of any rule or regulation adopted pursuant thereto, the officer shall serve a written notice of violation, either personally or by registered mail, to the owner or occupant of the subject property. Such notice shall inform the recipient of:
The nature and details of such violation, including a reference to the provisions of this chapter allegedly being violated.
Recommended remedial action which, if taken, will effect compliance with the provisions of this chapter and rules and regulations adopted pursuant thereto.
The date by which the violation must be remedied or removed, which shall be no less than 10 days from the date the notice is issued.
Noncompliance. In case of noncompliance with the notice of violation within the allotted time, the Code Enforcement Officer shall seek the penalties permitted in this chapter through the Town Justice Court.
Stop-work order. Whenever the Code Enforcement Officer has reasonable grounds to believe that work on any building or structure is being prosecuted in violation of this chapter, or not in conformity with a zoning permit, the Officer shall notify the property owner, the owner's agent or the person performing the work to suspend all work. Any person shall forthwith stop such work and suspend all construction activities until the stop-work order has been rescinded. A stop-work order shall be made in writing, stating the nature of the violation, citing the sections of this chapter allegedly being violated and stating the conditions under which the work may be resumed. The order may be served upon a person to whom it is directed either by delivering personally to such person or by posting the order upon a conspicuous portion of the construction site and sending a copy of the order by registered mail.
In addition to other remedies, any action or proceeding may be instituted in a court of competent jurisdiction to prevent construction, conversion, alteration, use, maintenance, or occupancy of property in violation of or compel compliance with this chapter. Such action may be commenced by the Code Enforcement Officer, the Town Attorney, or by resolution of the Town Board. Nothing in this section shall be deemed to preclude the right of resident taxpayers to institute such proceedings in accordance with the Town Law § 268.
§ 200-89 Penalties for offenses.
Penalty for offense. A violation of this chapter is hereby declared 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 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 not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. Each week's continued violation shall constitute a separate additional violation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Jurisdiction. For the purposes of conferring jurisdiction upon court and judicial officers generally, violations of this chapter shall be misdemeanors and, for such purposes only, all provisions of law relating to misdemeanors shall apply to such violations.
Justice Court. The Justice Court of the Town of Walton shall have original and trial jurisdiction over the summons and information filed charging a violation of this chapter. Trials shall be before the court without jury.
Limits of powers. The Justice Court of the Town of Walton is not empowered to compel compliance with or restrain by injunction the violation of this chapter.
Civil penalties. Any person violating this chapter shall be subject to a civil penalty enforceable and collectable by the Town in the amount of $350 for each offense. Such penalty shall be collected by and in the name of the Town for each week that such violation shall continue. The civil penalty is in addition to the criminal penalties for an offense.
§ 200-90 Amendments.
Official notice must be given and a public hearing held by the Town Board as required by law prior to approval of amendments or other such modifications as mentioned herein.
Each petition requesting a change of zoning regulations or district boundaries shall be typewritten, signed by the owner, filed in triplicate, and accompanied by the required fee and a completed Environmental Assessment Form as required by the State Environmental Quality Review Act.[1]
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
Every such proposed amendment shall be referred to the County Planning Board, when applicable (see § 200-87).
Every such proposed amendment shall be referred to the Walton Town Planning Board for a report and recommendation prior to the public hearing. The Planning Board shall have 63 days to review the proposed amendment and may hold a public hearing after giving notice in the manner required of the Town Board. The Town Board may not hold a public hearing until the Planning Board has reported or until the 63 days has lapsed.
In case, however, of a protest against such change, signed by the owners of 20% or more of the area of land included in such proposed change, or of that immediately adjacent extending 100 feet therefrom, or of that directly opposite thereto and extending 100 feet from street frontage of such opposite land, such amendment shall not become effective except by the favorable vote of at least four members of the Town Board as set forth by § 265 of the Town Law of the State of New York.
Before adopting any proposed amendment to this chapter, the Town Board shall assess the environmental impact of such amendment is accordance with the State Environmental Quality Review Act and may determine that an environmental impact statement on such amendment be prepared.
In approving subdivision plats which involve modifications of the zoning regulations, the Planning Board may make such zoning changes only after these have been disclosed at the public hearing required by Chapter 180, Subdivision of Land, of the Code of the Town of Walton. Changes made pursuant to this section are at the discretion of the Planning Board and must be made in accordance with the provisions of § 281 of Article 16 of the Town Law of the State of New York and § 180-7 of Chapter 180, Subdivision of Land.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]