Ballston Spa City Zoning Code
ARTICLE XII
Enforcement and Administration
§ 205-67 Enforcement.
A.
Enforcement officer. This chapter shall be enforced by the Building Inspector, who shall be appointed by the Mayor. No building permit or certificate of occupancy shall be issued by the Building Inspector for any purpose except in compliance with the provisions of this chapter.
B.
Inspection and notice of violation.
(1)
The Building Inspector is authorized to enter, inspect and examine legally any building structure, place, premises or use in the Village of Ballston Spa with regard to the provisions of this chapter and to issue a written order for the proper remedying or compliance or any condition found to be in violation thereof.
(2)
The Village Police Department, the Fire Department Inspector and the Village Health Officer, at the request of the Building Inspector, shall examine or investigate legally any building, structure, use or premises with regard to any provision of this chapter and shall transmit reports and recommendations to the Building Inspector regarding any violation thereof.
C.
Legal action by the Building Inspector. If an unlawful condition or use is found not to have been properly remedied or made to comply with the provisions of this chapter by the expiration of the time period granted by the Building Inspector, then the Building Inspector shall take the following action to enforce the provisions of this chapter.
(1)
Notification of violations. Written notice of violation signed by the Building Inspector shall be served upon the person or persons committing such violation and/or the property owner either personally or by mail addressed to such person or persons at his or her last known address. Each week's continued violation shall constitute a separate additional violation.
(2)
Complaints. Whenever an alleged violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints must be in writing and shall be filed with the Building Inspector who shall properly record such complaint and immediately investigate and report thereon.
D.
Legal action by the taxpayers. If no action has been taken in accordance with § 205-67C within a ten-day period following written request by any person aggrieved so to proceed, then such person may appeal to the Zoning Board of Appeals.
E.
Penalties for violations. Any person or corporation, whether as owner, lessee, agent or employee who shall violate any of the provisions of this chapter or who fails to comply with any order or regulation made thereunder, who erects, alters, moves or uses any building or uses any land in violation of any detailed statement or plans submitted by him/her and approved under the provisions of this chapter shall be guilty of a misdemeanor and shall be liable to a penalty of not more than $100 per day or imprisonment for a period not to exceed six months. Each day or part of a day that such violation is permitted to exist after the expiration of the time period granted by the Building Inspector shall constitute a separate offense and shall be subject to the same penalty of $100 per day. In case any building is erected, altered, moved or used or land is used in violation of the provisions of this chapter, the Building Inspector may institute any appropriate action or procedures to prevent such unlawful erection, alteration or use.
§ 205-68 Building permits.
All persons proposing to construct, erect, alter, repair, extend, relocate, remove, demolish or structurally change any building, structure or portion thereof shall apply to the Building Inspector for a building permit. All applications for such permits shall be made in accordance with the Village of Ballston Spa local law for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code.[1] A building permit shall become void six months from the date of issuance unless substantial progress has been made by that date on the project described therein; provided, however, that the building permit may be renewed for an additional six months upon application to the Building Inspector without the payment of an additional fee. Any additional applications or inspections will require payment of a fee prorated based on the amount of work left unfinished.
A.
For the purpose of this section, the New York State Fire Prevention and Building Code shall include the laws and regulations of the State of New York promulgated and contained within the following Codes: the Building Code of the State of New York; Energy Conservation Construction Code of New York State; Fire Code of New York State; Fuel Gas Code of New York State; Mechanical Code of New York State, Property Maintenance Code of New York State and the Plumbing Code of New York State. The Building Inspector shall apply said regulations to maintain clean, safe and sanitary condition within the Village as local conditions periodically require.
[Added 12-22-2003 by L.L. No. 4-2003]
B.
The Village Board of Trustees hereby directs the collection of the fees for the issuance of a building permit as set forth from time to time by resolution of the Village of Ballston Spa.
[Added 12-22-2003 by L.L. No. 4-2003; amended 10-15-2019 by L.L. No. 4-2019; 10-28-2019 by L.L. No. 7-2019]
C.
No permit shall be required for accessory structures under 125 square feet; provided, however, that all local setback requirements are met.
[Added 12-22-2003 by L.L. No. 4-2003]
D.
A building permit may be extended for a period of 12 months and thereafter for an additional six months for the prevailing fee. In no event shall a building permit be valid for more than 18 months.
[Added 12-22-2003 by L.L. No. 4-2003]
§ 205-69 Certificates of occupancy.
A.
A certificate of occupancy is required for any of the following:
(1)
Occupancy and use of a building or structure hereafter erected, structurally altered, moved, extended or relocated.
(2)
Change in the use of an existing building or part thereof.
(3)
Occupancy and use of vacant land, except for any use consisting primarily of tilling the soil or similar agricultural use.
(4)
Change in the use of land, except for any use consisting primarily of tilling the soil or similar agricultural use.
B.
A certificate of occupancy may be obtained on application from the Building Inspector. Such certificate shall be issued only if the proposed use of the building or land conforms to the provisions of this chapter and any established building construction codes. The Building Inspector shall make or cause to have made an inspection of each building or lot for which a certificate of occupancy has been applied before issuing such certificate. Said certificate of occupancy shall be issued or denied within 10 days from the date such erection or alteration is inspected by the Building Inspector.
§ 205-70 Zoning Board of Appeals.
A.
Establishment; authority. A Zoning Board of Appeals is hereby created, consisting of five members, each to be appointed for five years, and subject to the provisions of § 7-712 of the Village Law (recodified 1992). Such Zoning Board of Appeals shall have all the powers, functions and authority pertaining to zoning boards of appeals as now or hereafter provided by the Village Board of Trustees and the laws of the State of New York.
B.
Powers and duties. The Zoning Board of Appeals is governed by and shall act in strict accordance with the procedures specified by the Village Law, this chapter and its own duly adopted rules, bylaws and forms. Upon request properly made, the Board shall perform the following functions:
(1)
Hear and decide any question properly brought before it involving the interpretation of any provision of this chapter.
(2)
Hear and decide appeals from any decision, determination, act or failure to act of the Building Inspector, and hear and decide all matters properly referred to it upon which it is required to pass under the provisions of this chapter. The concurring vote of a majority of the Board shall be necessary to reverse any order, requirement, decision or determination of the Building Inspector or to decide in favor of the applicant on any matter.
(3)
Grant variances and issue special permits in accordance with applicable provisions of this chapter.
C.
Appeals procedure. An appeal from a determination of the Building Inspector may be taken by an aggrieved person or by an officer, department or board of the Village of Ballston Spa. Such appeal shall be taken within 30 days of the date of the decision by filing with the Building Inspector and the Zoning Board of Appeals a notice of appeal specifying the grounds thereof. All appeals shall be made, in writing, on forms provided by the Board. The Building Inspector shall then transmit to the Zoning Board of Appeals all the papers constituting the record upon which the action appealed from was taken.
D.
Public hearings. The Zoning Board of Appeals shall hold a public hearing on every properly presented appeal, application for a variance or application for a special permit referred to said Board or upon any matter which it is required to pass under this chapter. Notice of each public hearing shall be published in a newspaper of general circulation in the Village of Ballston Spa not less than 10 days prior to such hearing, and the decision shall be made within 62 days after the final hearing. In addition, the Zoning Board of Appeals shall send to the Saratoga County Planning Board notice of each hearing concerning matters referred to and as required by §§ 239-l and 239-m of Article 12-B of the General Municipal Law. In the case of a hearing involving a specific location, the Zoning Board of Appeals, at least seven days prior to such meeting, shall also mail to the property owners of said locations, as shown on the most recent Village tax records, a notice of such hearing.
E.
Findings and conclusions. After such public hearing and after reaching a decision, the Zoning Board of Appeals shall make a written report and decision on its finding of fact and conclusions of law concerning the subject matter of such hearing. In granting a special permit or a renewal or extension thereof, the Zoning Board of Appeals shall, in every case, file copies of its written report and decision with the Building Inspector, the applicant and the Village Clerk and, where appropriate, the Village Planning Board setting forth the special requirements and conditions and special findings and reasons for granting or denying the special permit, renewal or extension.
§ 205-71 Variances.
A.
Where strict application of any of the requirements of this chapter, such as in the case of exceptionally irregular, narrow, shallow or steep lots or other exceptional physical conditions, would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of his or her land or building, but in no other case, the Zoning Board of Appeals shall have the power, in passing upon appeals, to grant a variance to any of the regulations or provisions of this chapter relating to the area, bulk, construction or alteration of buildings, signs or structures or the use of land and buildings so that the spirit of this chapter shall be observed, public health, safety and welfare secured and substantial justice done.
B.
Application for such a variance shall clearly state the specific provisions of this chapter from which the variance is sought, the special circumstances which justify such variance and the interpretation or ruling which is desired. The appropriate fees, as specified in the fee schedule established by the Village Board of Trustees,[1] shall accompany all applications for a variance.
[1]
Editor's Note: The current schedule of fees is on file in the Village offices.
C.
Every decision of the Zoning Board of Appeals is subject to review by the New York State Supreme Court as provided in the Village Law of the state.
D.
Criteria for granting variances. No application for a variance shall be acted on until the required public hearing has been held. The Zoning Board of Appeals shall prescribe the appropriate conditions and safeguards to carry out the requirements of this subsection and shall not grant any variance unless it shall make a finding of fact based upon the evidence as presented to it in each specific case as specified below:
(1)
Area variance. This is a variance involving dimensional deviations from the standards set forth in this chapter. When, because of the specific parcel or because of extraordinary topographic conditions or other physical conditions or location of the specific parcel, the strict application of the provisions of this chapter actually prohibit or unreasonably restrict the use of the land or building for which such variance is sought, then the granting of the variance granted by the Board shall be the minimum variance that will provide for the reasonable use of the property. In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted as weighted 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 district.
(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.
(2)
Use variance. The granting of a use variance will alleviate a clearly demonstrable hardship as distinguished from a special privilege or convenience sought by the owner, which conditions are peculiar to such land or building and do not apply generally to land or buildings in the vicinity or neighborhood and have not resulted from any act of the applicant subsequent to the adoption of this chapter. No such use variance shall be granted by the Zoning Board of Appeals without a showing by the applicant that the 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 district or neighborhood.
(c)
The requested use variance, if granted, will not alter the essential character of the neighborhood.
(d)
The alleged hardship has not been self-created.
(3)
The Zoning 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 proved 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.
E.
Conditions and compliance to other provisions. In granting any variance, the Zoning Board of Appeals may prescribe any conditions that it deems to be necessary or desirable to protect the general welfare and beauty of the community as set forth in this chapter. The granting of a variance to any provisions of this chapter shall not obviate the necessity of complying in every other respect with the other provisions. Each appeal must be considered independently.
§ 205-72 Special permits.
On referral by the Building Inspector after application has been made to him/her for a building permit or on direct application, the Zoning Board of Appeals is hereby authorized to issue a special permit for any use for which this chapter requires the obtaining of such permits from the Zoning Board of Appeals, subject to applicable regulations of this chapter.
A.
Special permit conditions.
(1)
In granting such 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, the 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 will 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 discourage the proper development and use of adjacent land and buildings or impair the value thereof.
(2)
The Board may deny permits if the proposed use fails to meet the specified standards. All provisions of this chapter relating to the Zoning Board of Appeals shall be strictly construed, provided that none of the provisions shall be deemed to limit any power of the Zoning Board of Appeals conferred by statute.
B.
Application procedure. Each application for a special permit shall state the specific provisions of this chapter which are involved and the use for which the special permit is sought and shall be accompanied by a proposed plan showing the size and placement of any building, driveways, parking spaces, screens and fences, the existing and proposed contour lines at an appropriate scale, and other features and data required by this chapter or by any duly adopted applicable regulations. The location of the subject lot and all streets within a radius of 1,000 feet shall be shown on a separate drawing.
C.
Referrals to the Village Planning Board. At least 30 days before the date of a public hearing held in connection with any application for a special permit submitted to the Zoning Board of Appeals, the Zoning Board of Appeals shall transmit to the Village Planning Board a copy of said application and shall request the Planning Board to submit to the Zoning Board of Appeals its advisory opinion prior to the date of said hearing. The failure of the Planning Board to submit such report shall be interpreted as a favorable opinion for the granting of the special permit applied for.
D.
Renewal, time limit and extension. The Zoning Board of Appeals may require, as a condition to the issuance of any special permit, that it be periodically renewed or may issue any special permit for a specific time period subject to adequate guarantees that the use covered will be terminated at the end of the period specified or such extension thereof as may be granted.