Yates Town City Zoning Code
ARTICLE VIII
Administration and Enforcement
§ 240-96 Enforcement.
The duty of administering and enforcing the provisions of this chapter is hereby conferred upon the Code Enforcement Officer (CEO), who shall be appointed by the Town Board and shall carry out any directives from the Board relative to the duties of the position set forth below. The CEO shall receive such compensation as the Town Board shall determine.
§ 240-97 Duties and procedures of the Code Enforcement Officer.
A.
Administer this chapter.
(1)
The Code Enforcement Officer shall review all applications for zoning permits and, if the minimum requirements of this chapter are met, the Officer shall issue a permit.
(2)
If the applicants plans do not meet the zoning requirements, the Officer must deny the permit. The Code Enforcement Officer may not use discretionary judgment. The Officer must enforce the "letter of the law."
B.
Referral to the Zoning Board of Appeals. An applicant, after being denied a building 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 ZBA of the request and forward all necessary supporting information.
C.
Referral to Town Planning Board. Any application for a special permit, change of zoning district or use that requires site plan review shall be forwarded by the Code Enforcement Officer to the Chairperson of the Town Planning Board of the request and forward all necessary supporting information.
D.
Cite zoning violations.
(1)
For any plans, construction, building, use or 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 commence proceedings to punish violations pursuant to §§ 240-8 and 240-9 of this chapter.
(2)
The Code Enforcement Officer may enter any premise or building during reasonable hours in the course of his duties in accordance with state law after due written notice has been given.
E.
Report to Town Board. A monthly report to the Town Board describing and enumerating actions taken and permits issued shall be given.
F.
Public record. The Code Enforcement Officer shall file all permit actions with the Town Clerk.
G.
Upon written direction from the Planning Board, the Code Enforcement Officer shall issue special use permits. Upon approval of a variance by the Zoning Board of Appeals, the Code Enforcement Officer shall be empowered to issue the necessary permits with the specific conditions to be imposed.
H.
The Code Enforcement Officer shall be authorized and empowered to issue appearance tickets pursuant to the New York State Criminal Procedure Law.
§ 240-98 Creation, appointment and organization of Planning Board.
A.
Creation and appointment.
(1)
The Town Board authorizes the appointment of a five -member Planning Board as more fully described in Town Law § 271. At least one member shall be a person engaged in agricultural pursuits as defined in Town Law § 271, Subdivision 11. Terms of all Planning Board members shall be staggered as the law requires.
(2)
In making such appointments, the Town Board may require Planning Board members to complete training and continuing education courses in accordance with any local requirements for the training of such members. The Town Board may reimburse the members for appropriate expenses incurred in obtaining training.
B.
Officer, rules, expenses.
(1)
The Town Board may select a Chairman of the Planning Board, or on failure to do so, the Planning Board shall elect a Chairman from its own members.
(2)
The Planning Board may adopt rules or bylaws for its operations.
(3)
The Town Board shall provide an appropriation to the Planning Board to cover necessary expenses including the means for the Planning Board to maintain a written record of its meetings and public hearings.
C.
Functions of the Planning Board.
(1)
To prepare, review and/or recommend revisions to the Comprehensive Plan for the development of the Town as provided under § 272-a of Town Law and/or Town Board resolution.
(2)
To review and comment on all proposed zoning amendments before referral to the County Planning Board.
(3)
Conduct site plan review as authorized by Town Law § 274-a and prescribed in Article X of this chapter.
(4)
Review and grant or deny special permits as authorized by Article IX.
(5)
Render assistance to the Zoning Board of Appeals on its request.
(6)
Research and report on any matter referred to it by the Town Board.
(7)
Make investigations, maps, reports, and recommendations in any matter related to Planning and Development as it seems desirable providing expenditures of the Board do not exceed appropriations.
(8)
Authority to modify provisions of this chapter simultaneously with plot approval in accordance with Town Law § 278.
(9)
All such powers and duties as are conferred upon Town Planning Boards and subject to the limitations set forth in §§ 272, 272-a, 274, 274-a, 274-b, 276, 277, and 278 of the New York State Town Law, as the same may be amended, modified, or changed from time to time, or any sections subsequently adopted pertaining to planning boards.
(10)
The Planning Board shall be responsible for review and evaluation of proposals and projects for the coastal area of the Town. The Planning Board is authorized to prepare and adopt a local waterfront revitalization program (LWDP) with its policies, maps and uses for the entire Lake Ontario shoreline and coastal area that is located within Town boundaries, along the boundary lines defined in Article II, § 240-14, of this chapter. Considerations and recommendations made by the Planning Board as to proposed action's consistency with LWDP shall be submitted to the Town Board for final determination and certification of compliance with LWDP policies, maps and uses.
D.
County Planning Board representatives. The Town shall nominate a member of the Planning Board to serve on the County Planning Board when vacancies occur. Appointment to the County Planning Board is made by the County Legislature.
§ 240-99 Zoning Board of Appeals.
A.
Appointment of Zoning Board of Appeals.
(1)
Pursuant to § 267 of Town Law, there shall be a Zoning Board of Appeals consisting of five members holding staggered five-year terms appointed by the Town Board. The Town Board shall appoint the ZBA's Chairman.
(2)
In making such appointments, the Town Board may require Board of Appeals members to complete training and continuing education courses in accordance with any local requirements for the training of such members. The Town Board may reimburse the members for appropriate expenses incurred in obtaining training.
B.
Officers, rules and expenses.
(1)
The ZBA may adopt rules or bylaws for its operation.
(2)
The Town Board shall provide an appropriation to ZBA to cover necessary expenses including the means for the ZBA to maintain a written record of its meetings and public hearings.
(3)
All decisions shall be by a majority vote of the membership (three) except in those cases of a County Planning Board disapproval referral recommendation. In such cases a majority plus one vote (four) shall be required for any decision.
C.
Functions of the Zoning Board of Appeals.
(1)
Interpretation. Upon appeal from a decision by the Code Enforcement Officer, the ZBA shall decide any question involving interpretation of any provision of this chapter.
(2)
Appeals for variances. Upon denial of zoning permit by the Code Enforcement Officer, the ZBA shall hear requests for variances as more fully described in § 240-100 of this chapter.
D.
Appeals for variance through the Zoning Board of Appeals (ZBA). Unless otherwise provided for, all requests for variances shall be made to the ZBA after denial of a zoning permit by the Code Enforcement Officer.
E.
Orders, requirements, decisions, interpretations, determinations. The ZBA may reverse or affirm, wholly or partly, or may modify 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 Officer and to that end shall have all the powers of the Code Enforcement Officer.
F.
Area or dimensional variances.
(1)
The ZBA shall have the power, upon an appeal from a decision or determination of the Code Enforcement Officer, to grant area variances as defined herein.
(2)
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 be 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 district; and
(e)
Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of the area variance.
(3)
The 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.
(4)
The ZBA shall, in the granting of an area variance, 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 condition shall be consistent with the spirit and intent of this chapter, and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
G.
Area variances procedures. Area variances shall be granted by the procedure established in § 240-100.
H.
Use variances.
(1)
The ZBA, on appeal from the decision or determination of the Code Enforcement Officer shall have the power to grant use variances as defined herein.
(2)
No such use variance shall be granted by the ZBA 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:
(a)
Under applicable zoning regulations the applicant is deprived of all economic use or benefit from the property in question, which deprivation must be established by competent financial evidence;
(b)
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;
(c)
That the requested use variance, if granted, will not alter the essential character of the neighborhood; and
(d)
That the alleged hardship has not been self-created.
(3)
The ZBA, in the granting of use variances, 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.
(4)
The ZBA shall, in the granting of a use variance, 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 condition shall be consistent with the spirit and intent of this chapter, and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
§ 240-100 Procedures for processing a variance application.
A.
All applications for variances shall be in writing on forms established by the ZBA and are available from the Code Enforcement Officer.
B.
Every application shall refer to the specific provision of the law involved and establish the details of why the variance should be granted.
C.
Agricultural data statement.
(1)
Any application for a variance that would occur on property within an agricultural district containing a farm operation or on property with boundaries within 500 feet of a farm operation located in an agricultural district, shall include an agricultural data statement.
(2)
The Zoning Board of Appeals shall evaluate and consider the agricultural data statement in its review of the possible impacts on the proposed agricultural district.
(3)
Upon the receipt of such application by the Zoning Board of Appeals, the Clerk of such Board shall send, through registered mail, written notice of such application to the owners of land as identified by the applicant in the agricultural data statement. Such notice shall include a description of the proposed project and its location. The cost of mailing said notice will be borne by the applicant.
(4)
An agricultural data statement shall include the name and address of the applicant, a description of the proposed project and its location, the agricultural district which land contains farm operations and is located within 500 feet of the boundary upon which the project is proposed; and a Tax Map or other map showing the site of the proposed project relative to the location of farm operations identified in the agricultural data statement.
D.
Upon receipt of the completed application, the ZBA shall:
(1)
Schedule a public hearing.
(2)
Arrange publication of notice of the public hearing as described in § 240-101.
(3)
Refer the application to the County Planning Board as required by General Municipal Law § 239-m, if required.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(4)
Determine whether a draft environmental impact statement should be required.
E.
Within 62 days of the public hearing, the ZBA shall render a decision. If the matter was referred to the County Planning Board, a copy of the ZBA's findings and decision must be sent to the County Planning Board.
§ 240-101 Notice of public hearing.
A.
Public Hearings shall be held scheduled within 62 days from the date of ZBA receipt of the appeal.
B.
Notice of the public hearing shall be published in the official newspaper of the Town at least five days prior to the hearing. Such notice shall briefly describe the nature of the appeal and the time and place of the hearing.
C.
The Zoning Board of Appeals may require the applicant to place a sign on the property for which the variance is requested, indicating the date and time of the public hearing.
D.
A copy of the public notice may be sent to adjacent property owners within the Town, but failure to send such notice shall not affect the jurisdiction of the Board or the legality of this decision.
E.
Public 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. The factual record shall be taken by the secretary of the Board.
§ 240-102 Meetings of the Zoning Board of Appeals.
A.
The Zoning Board of Appeals shall hold meetings at the call of the Chairperson, or the request of three or more members.
B.
The presence of the three members shall constitute a quorum for the conduct of business before the Board.
C.
The presence of three members of the Board shall be necessary to act on the application for any variance or to decide upon any other matter brought before the Board, unless otherwise stipulated in this chapter.
D.
All votes of the Zoning Board of Appeals shall be taken by roll call.
E.
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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
F.
The Zoning Board of Appeals may request and obtain any advice or opinions on the law relating to any matter before the Board from the Town Attorney, and require the Town Attorney to attend its meetings.
G.
The Zoning Board of Appeals may require the Code Enforcement Officer to attend its meetings to present any facts relating to any matter before the Board.
H.
All meetings of the Zoning Board of Appeals shall be open to the public.
I.
The Board of Appeals shall keep minutes of all its meetings. The Town Board shall provide a secretary for the Zoning Board of Appeals.
J.
The Zoning Board of Appeals shall make a 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. The factual record shall be taken by the secretary to the Board.
§ 240-103 Required referrals to the County Planning Board.
A.
The Zoning Enabling Laws require that any of the following local zoning actions must be referred to the County Planning Board prior to action by the local Board, unless such actions are exempted from referral by an agreement between the county and the Town. Unless exempted by mutual agreement between the county and the Town: any proposal for a special permit, variance, site plan approval, or change in the zoning law text or map (rezoning or amending the zoning law) which would affect 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, must be referred to the County Planning Board who 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 thirty-day period may be extended in special cases.
B.
Effect of County Planning Board review.
(1)
If the county approves a referral, then the local Board's decision is governed by a majority vote.
(2)
If the county disapproves or approves subject to stated conditions or modifications, the local Board may override the county opinion only by a majority plus one vote.
C.
Report on final local action. The local Board must send a copy of its final decision and reasons for such decision on a county referral case to the County Planning Board within seven days after the local decision is reached.