ARTICLE VI - ADMINISTRATION AND ENFORCEMENT
Section 26 - Zoning Permit
A.
Zoning Permit. No building shall hereafter be
erected, relocated, or altered as to outside dimensions, or so as to permit a
change in its use, and no excavation for any building shall be begun, unless
and until a zoning permit therefor has been issued by the Enforcement Officer,
or upon authorization by the Board of Appeals wherever it is provided in this
law that the approval of the Board of Appeals is required.
B.
Permit applications may be obtained from the Village
Clerk.
C.
No such permit shall be issued until there has been
filed with the Enforcement Officer a sketch or plot plan showing the actual
dimensions and angles of the lot to be built upon, the exact size and location
on the lot of the building or accessory building to be erected, relocated, or
altered, and such other information as may be necessary to provide for the
enforcement of this law. Each application shall state the purpose for which the
structure or land is to be used and a general description of the type of
construction.
D.
The Enforcement Officer shall issue or refuse to issue
such permit all within 30 days of filing. Notice of denial shall be given to
the owner or to his authorized representative in writing and shall state the
reasons for said denial. The fee for any such permit shall be as determined by
the Town of Trenton
from time to time.
Section 28 - Board of Appeals
A.
There is hereby established a Board of Appeals
consisting of three (3) members which shall function in the manner prescribed
by law. The Board of Appeals shall adopt such rules and regulations as it may
deem necessary to carry into effect the provisions of this Zoning Law, and all
its resolutions and orders shall be in accordance therewith and as further set
forth herein. The Board of Appeals shall act in strict accordance with the
procedure specified by law and by this Zoning Law.
B.
Procedure.
1.
All appeals and applications made to the board shall be
in writing, on forms prescribed by the Board. Every appeal shall refer to the
specific provision of this Zoning Law involved, and shall set forth the
interpretation that is claimed, the standards pertaining to the Special Permit,
or the details of the Variance that is applied for, and the basis thereof.
2.
APPEAL. The concurring vote of a majority of the Board
of Appeals shall be necessary to reverse any order, requirement, decision, or
determination of the Enforcement Officer, or to decide in favor of the
applicant on any matter upon which it is required to pass under this law or to
effect any variation in this law. Such appeal may be filed by any person
aggrieved, or by an officer, department, board, or bureau of the Village. Such
appeal shall be filed within sixty (60) days, by filing with the Village Clerk
a notice of appeal specifying the grounds thereof. The Village Clerk shall
forthwith transmit to the Board all of the papers constituting the record upon
which the action appealed from was taken.
3.
STAY. An appeal stays all proceedings in furtherance of
the action appealed from unless the Enforcement Officer, from which 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 Enforcement Officer and on due course shown.
4.
HEARING AND DETERMINATION. The Board of Appeals shall
fix a reasonable time for the hearing of the appeal and shall give due notice
thereof to the parties, and by publication at least once in a newspaper of
general circulation in the Village at least five (5) days before the date of
the hearing, and shall decide the same within sixty-mo (62) days. Upon the
hearing, any party may appear in person or by agent or attorney. The applicant
shall bear the cost of advertising as required in connection with the hearings.
The Village Board shall establish and post any such schedule of fees.
C.
Jurisdiction: The Board of Appeals shall have
all the powers and duties prescribed by law and by this Zoning Law, including
the following:
1.
APPEALS. The Board of Appeals shall hear and decide
appeals from and review any order, requirement, decision, or determination made
by the Enforcement Officer. It shall also hear and decide all matters referred
to it upon which it is required to pass under this law.
2.
INTERPRETATION. Upon appeal from a decision by the
Enforcement Officer, to decide any question involving the interpretation of any
provision of this Zoning Law, including determination of the exact location of
any district boundary if there is uncertainty with respect thereto. A public
hearing will be held by the Board of Appeals before reaching a decision on
matters of interpretation.
3.
SPECIAL PERMIT USES. After holding a public hearing,
the Board of Appeals may authorize a Special Permit for any use for which
approval of the Board is required under this Zoning Law. In authorizing such
Special Permit, the Board may specify appropriate conditions in harmony with
the following standards:
a.
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.
b.
The location and size of the use, 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.
c.
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 discharge the proper
development and use of adjacent land or impair the value thereof.
4.
VARIANCE. On an appeal from a determination of the
Enforcement Officer and in conformity with law, to vary the requirements as
they apply to a particular lot.
D.
Variances
1.
Use Variances
"Use variance" shall mean the authorization by the
zoning board of appeals for the use of land in a manner or for a purpose which
is otherwise not allowed or is prohibited by this law.
a.
The board of appeals, on appeal from the decision or
determination of the Zoning Enforcement Officer, 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 law.
b.
No such use variance shall be granted by a 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 board of appeals
that for each and every permitted use under this law for the particular
district where the property is located,
1.
the applicant cannot realize a reasonable return,
provided that lack of return is substantial as demonstrated by competent
financial evidence;
2.
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;
3.
that the requested use variance, if granted, will not
alter the essential character of the neighborhood; and
4.
that the alleged hardship has not been self-created.
c.
The board of appeals, 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.
2.
Area Variances
"Area variance" shall mean the authorization by
the zoning board of appeals for the use of land in a manner which is not
allowed by the dimensional or topographical requirements of this law.
a.
The zoning board of appeals shall have the power, upon
an appeal from a decision or determination of the Zoning Enforcement Officer,
to grant area variances from the area or dimensional requirements of this law.
b.
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:
1.
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;
2.
whether the benefit sought by the applicant can be
achieved by some method, feasible for the applicant to pursue, other than an
area variance;
3.
whether the requested area variance is substantial;
4.
whether the proposed variance will have an adverse
effect or impact on the physical or environmental conditions in the neighborhood
or district; and
5.
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.
6.
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.
3.
Imposition of Conditions
The 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. Such conditions shall be consistent with the
spirit and intent of the zoning ordinance or local law, and shall be imposed
for the purpose of minimizing any adverse impact such variance may have on the
neighborhood or community.
Section 29 - Amendments
A.
The Village Board may from time to time on its own
motion amend, supplement, repeal, or change the regulations and district
boundaries established by this law pursuant to law.
B.
Amendments to this law are subject to the State
Environmental Quality Review (SEQR) regulations (6 NYCRR Part 617).
C.
Hearing on
Proposed Amendment: Before any amendment, supplement, or change to this law
or district boundaries are made, there shall be a public notice and hearing
thereon as provided by law.
D.
Adoption of
Amendment: After the public hearing, a majority vote of the members of the
Village Board shall be required to amend this law, except as described in Protest
Petition and Referral of Proposed Amendments and Other Actions to County Planning
Department.
E.
Protest
Petition: If a protest against a proposed amendment, supplement, or change
is presented to the Village Board, duly signed and acknowledged by the owners
of 20 percent or more of the area of land included in such proposed change; or
by the owners of 20 percent or more of the land immediately adjacent to that
land included in such proposed change, extending 100 feet therefrom; or by the
owners of 20 percent 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 three-fourths of such Board.
Section 30 - Referral of Proposed Amendments and Other Actions to County
Planning Department
Pursuant to Sections 239-1 and
239-m of General Municipal Law of the State of New York, certain classes of zoning actions
shall be referred to the Oneida County Planning Department before final action
is taken. The actions to be referred include any special use permit, variance,
or amendment to this law or to the zoning map which affects property lying
within a distance of 500 feet from:
- Any municipal boundary, or
- The boundary of any existing or proposed county or
state park or other recreation area, or
- The right-of-way of any existing or proposed county
or state parkway, thruway, expressway, road, or highway, or
- The existing or proposed boundary of any county or
state owned land on which a public building or institution is situated.
Within 30 days after receipt of
such referred matter, the Oneida County Planning Department shall report its
recommendations thereon to the referring municipal body. If the County agency
fails to report within such period or within such mutually agreed extension
thereof, the municipal body may act without such report. If the county agency
disapproves the proposal, or recommends modifications thereof, the municipal
body shall not act contrary except by the vote of a majority plus one of its
full membership and after adoption of a resolution fully setting forth the
reasons for such contrary action. Within thirty days of final action by the
municipal body, such body shall file a final report of the action taken with
the County Planning Department.
Section 31- Enforcement and Violations
A.
Enforcement. This law shall be enforced by a person
hereinafter called the Enforcement Officer, designated by the Village Board,
who shall in no case grant any permit for any building or use of premises where
the proposed erection, alteration, relocation, or use thereof would be in
violation of any provision of this law. The Enforcement Officer shall make such
inspections of buildings or premises as are necessary to carry out his duties.
No permit required hereunder shall be issued by the enforcement officer except
in compliance with the provisions of this law or as directed by the Board of
Appeals.
B.
Whenever a violation of this law occurs, or is alleged
to have occurred, any person may file a written complaint. Such complaint,
stating fully the causes and basis thereof, shall be filed with the Enforcement
Officer. Upon the, receipt of a written complaint, the Enforcement Officer
shall record the complaint in his files, conduct an investigation, and issue
his findings in writing. If the Enforcement Officer finds that any of the
provisions of this law are being violated, he shall notify in writing the
person responsible for such violations, indicating the nature of the violation,
ordering the action necessary to correct it, and the time period within which
such corrective action shall be taken.
C.
Any violation of this law, or any part thereof, shall
constitute an offense, and each week that a violation if permitted to exist
after notice to abate such violation shall constitute a separate offense. Any
person, firm, or corporation who violates any provision of this law shall be
subject to a fine not exceeding two hundred fifty dollars ($250) or to
imprisonment for a period not to exceed thirty (30) days, or both such fine and
imprisonment.
Section 32 - Validity and Effective Date
A.
Validity. The
invalidity of any provision of this law hall not invalidate any other provision
thereof.
B.
Effective Date.
This law shall take effect immediately upon adoption and publication as
provided by law.
