Batavia City Zoning Code
ARTICLE X
Administration
§ 190-45 Code Enforcement Officer.
This chapter shall be enforced by the Chief Inspector designated herein as the Code Enforcement Officer. The Code Enforcement Officer shall not approve an application or issue a building permit or certificate of occupancy for any purpose, except in compliance with the provisions of this chapter and such other provisions of the Code of the City of Batavia, laws, rules and regulations of the City of Batavia, together with any applicable laws, rules and regulations of the State of New York.
§ 190-46 Duties of Code Enforcement Officer.
Inspections. It shall be the duty of the Code Enforcement Officer, or his or her duly authorized assistants, to cause any plans, buildings or premises to be examined or inspected to determine that they are not in violation of the provisions of this chapter.
Violation orders. Where the Code Enforcement Officer, in the course of his or her duties, determines that any plans, buildings or premises are in violation of the provisions of this chapter, he or she shall order the responsible party in writing to remedy such conditions. Such order shall conform to the provisions of § 51-14 of Chapter 51, Building Construction, of the Code of the City of Batavia.
Effect of service. On the serving of notice by the Code Enforcement Officer to the owner of any violation of any of the provisions of this chapter, the certificate of occupancy, if issued, for such building or use shall be deemed revoked. A new certificate of occupancy shall be required and must be applied for within the time provided for correction of the violation.
§ 190-47 Certificates and permits.
The certificates and permits enumerated herein are hereby established for the equitable enforcement and administration of the provisions of this chapter.
Building permits. The Code Enforcement Officer is hereby empowered to issue a building permit for any plans regarding the construction or alteration of any building or part of any building, or the change in the use of any land or building or part thereof, where he or she shall determine that such plans are not in violation of the provisions of this chapter. Such permit shall be issued in accordance with Article III of Chapter 51, Building Construction, of the Code of the City of Batavia.
Special use permits. Upon written authorization of the City Council, the Code Enforcement Officer is hereby empowered to issue a special use permit provided for by this chapter.
Certificate of occupancy. The Code Enforcement Officer is hereby empowered to issue a certificate of occupancy which shall certify that all provisions of this chapter and other provisions of the Code of the City of Batavia have been complied with in all respects to the location and use of the building, structure or premises in question. No building erected, altered or extended after July 1, 1962, and/or land the use of which is changed after July 1, 1962, shall be used until a certificate of occupancy has been issued by the Code Enforcement Officer. Such certificate of occupancy shall be issued in accordance with Article IV of Chapter 51, Building Construction, of the Code of the City of Batavia.
Temporary use permit. A temporary use permit may be issued by the Code Enforcement Officer only upon approval by the City Planning Board for a period not to exceed one year. The City Planning Board shall authorize such permit only where such use is reasonably necessary during construction operations or the denial of the permit would cause unnecessary hardship and would be in keeping with the purposes of this chapter and would not be incompatible with the uses permitted in the zoning district in which it is proposed. Such permit may be renewed only upon approval of the City Planning Board.
§ 190-48 Application procedures.
Procedures for a building permit.
[Amended 10-13-1998]
All applications for a building permit shall be made to the Code Enforcement Officer in the detail specified in Article III of Chapter 51, Building Construction, of the Code of the City of Batavia. Where the proposed use is for the expansion, alteration or modification of an existing building or use, the Code Enforcement Officer shall carefully consider the application and supporting documents for compliance with this chapter and either issue or deny the permit applied for.
Procedures for special use permits.
[Amended 11-9-1998]
All applications for special use permits shall be made to the Enforcement Officer. The Enforcement Officer, after determining that an application is in the proper form, shall transmit one copy of the application and all supporting documents to the City Planning and Development Committee and the City Engineer for review of the site plan, and for the evaluation of the proposed use and its relationship and conformity to the goals and policies established by the City Comprehensive Plan.
The City Planning and Development Committee may suggest any revision to the site plan or other plans as will, in its opinion, cause the proposed use to be in substantial conformance with the Comprehensive Plan and its principles of land use and development.
In approving an application, the Planning and Development Committee may impose any modifications or conditions it deems necessary, based on the standards in all the sections below, to carry out the intent of this chapter or to protect the health, safety and general welfare of the public.
If an application is approved by the Planning and Development Committee, the Enforcement Officer shall be furnished with a copy of the approving resolution or minutes of the Committee, and he or she shall issue the permit applied for in accordance with the conditions imposed by the Planning and Development Committee.
If any application is disapproved by the Planning and Development Committee, the reasons for such denial shall be set forth in the Planning and Development Committee's resolution or meeting minutes, and a copy of such resolution or minutes shall be transmitted to the Enforcement Officer. The Enforcement Officer shall deny the application accordingly by providing the applicant with a copy of the Planning and Development Committee's reasons for disapproval.
The Enforcement Officer shall transmit one copy of all approved and denied applications to the City Engineer and one copy of all approved applications to the City Assessor.
Procedures for a temporary use permit.
All applications for a temporary use permit shall be made to the Code Enforcement Officer. The Code Enforcement Officer after determining that an application is in the proper form shall transmit the application together with all supporting documents to the City Planning Board.
Within 45 days of the referral from the Code Enforcement Officer, the Planning Board shall conduct a public hearing on the application. Within 45 days from the date of such public hearing, the City Planning Board shall either approve or disapprove the application so heard.
In approving an application, the Planning Board may impose any modifications or conditions it deems necessary to carry out the intent of this chapter or to protect the health, safety or general welfare of the public. The Planning Board shall find, in approving an application, that approval will not be injurious to the neighborhood nor to the community, that the proposed use is truly of a temporary nature and that the term of the permit is the minimum time necessary to accomplish the desired purpose.
Procedures for a certificate of occupancy. Following the completion of the construction, reconstruction or alteration of any building, or where a change in the use of a structure or parcel of land is proposed, the applicant shall apply to the Code Enforcement Officer for a certificate of occupancy. An application for a certificate of occupancy shall be processed as provided in Article IV of Chapter 51, Building Construction, of the Code of the City of Batavia.
§ 190-49 Board of Appeals.
Established. A Board of Appeals is hereby established in accordance with the provisions of the General City Law. The Board of Appeals shall, consistent with the General City Law, determine its own rules and procedures and shall have the power and duties granted to it in the General City Law and as specified in this chapter.
Referral to County Planning Board. Request for variances shall be referred to the County Planning Board when required by law.
Referral to City Planning Board. Any application for variances that include nonpermitted uses or the extension thereof or parking variances shall be referred to the City Planning Board for their recommendations prior to submittal to the Board of Appeals. If the City Planning Board takes no action within 30 days after such referral, it shall be deemed to approve such application, and the Board of Appeals may proceed thereon.
Appeals.
The Board of Appeals shall, in accordance with the provisions hereinafter set forth in this section, hear and determine appeals from any refusal of a building permit or certificate of occupancy by the Enforcement Officer, or review any order or decision of the Code Enforcement Officer where such order or decision is based upon the requirements of this chapter.
The Board of Appeals shall have the power, in passing upon appeals to vary or modify the application of any of the regulations or provisions of this chapter so that the spirit of the chapter shall be observed, public safety and welfare secured and substantial justice done. The Board of Appeals shall also hear and decide all matters referred to it or upon which it is required to pass by the terms of this chapter.
Matters to be considered. In deciding such matters referred to it by the terms of this chapter, the Board of Appeals shall give consideration to the health, safety, morals and general welfare of the community.
Grounds for variance. Specifically, no variance shall be granted by the Board of Appeals unless it finds:
That the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of the land or building for which such variance is sought, that the granting of the variance is necessary for the reasonable use of such property, and that the variance granted by the Board of Appeals is the minimum variance that will accomplish this purpose; and
That the granting of the variance will be in harmony with the general purpose of this chapter, will not be injurious to the neighborhood, and will not alter the essential character of the locality. In granting a variance the Board of Appeals may prescribe appropriate conditions or safeguards that are necessary or desirable to carry out the requirements of this subsection.
Use variances.[1]
The Board of Appeals, on appeal from the decision or determination of the administrative official charged with the enforcement of this chapter, shall have the power to grant use variances, as defined herein.
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 the zoning regulations for the particular district where the property is located:
The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;
The alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood;
The requested use variance, if granted, will not alter the essential character of the neighborhood; and
The alleged hardship has not been self-created.
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.
Area variances.[2]
The zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of the administrative official charged with the enforcement of this chapter, to grant area variances as defined herein.
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:
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;
Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than an area variance;
Whether the requested area variance is substantial;
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
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.