Bedford City Zoning Code
ARTICLE XII
Administration and Enforcement
§ 125-124 Enforcement official; conditions on granting of building permit and certificate of occupancy.
A.
Unless otherwise provided, the Building Inspector shall enforce the provisions of this chapter and any rules and regulations made or as may be made in furtherance thereof. For such purposes, the Building Inspector may, from time to time, inspect any building, structure or premises.
B.
No building permit or certificate of occupancy shall be issued by the Building Inspector except where the provisions of this chapter and all other laws and ordinances affecting the property involved are complied with, except that no fees shall be required for permits in connection with municipally owned structures upon municipally owned land. Any building permit, certificate of occupancy or other authorization issued or granted in violation of the provisions of this chapter shall be null and void.
[Amended 5-7-1985; 6-7-1994]
§ 125-125 Building permits.
A.
All applications for building permits shall be filed with the Building Inspector, who shall act thereon by issuing or refusing a permit or by certifying such application to the Board of Appeals in all cases where the consent of the Board of Appeals is required under this chapter and where, in consequence, the Building Inspector has no authority to issue a permit. No building permit shall be issued by the Building Inspector for the erection, construction, enlargement or structural alteration, moving or excavation for any building or structure within an RO Research Office District for a period of 90 days from the effective date of this amendment.[1]
[Amended 10-4-1983]
[1]
Editor's Note: An amendment to this Subsection A, adopted 2-5-1985, reads as follows: "No building permit shall be issued by the Building Inspector for the structural alteration or moving for any building or structure within the Katonah Village Historic District, as designated by the New York State Office of Parks, Recreation and Historic Preservation and as listed on the National Register of Historic Places on December 22, 1983, for a period of 60 days from the effective date of this amendment."
B.
No building or structure shall be erected, constructed, enlarged, altered, structurally altered, moved or excavation made therefor or work begun thereon until a building permit therefor has been issued by the Building Inspector. No such permit shall be issued until there has been filed with the Building Inspector a plan in triplicate, drawn to scale, showing the actual dimensions, radii and angles of the lot to be built upon, the existing contours at two-foot intervals, the exact size and location on the lot created, the intended use or purpose to be made of the premises and such other information as may be required as necessary to determine and provide for the enforcement of this chapter. The location of steep slopes as defined in Chapter 102 of this Code shall be shown. One such plan shall be returned when approved by the Building Inspector, together with such permit, to the owner, upon payment by him of a fee as required by the Town Building Code. The Building Inspector, upon request and after inspection of the property, may waive the requirement relative to contours.
[Amended 4-16-1985; 5-3-1988; 11-21-1989]
C.
No building permit shall be issued unless the lot on which the proposed structure or use is located has frontage of at least 25 feet on a road which has been suitably improved to Town road standards or a bond posted therefor and such frontage provides practical access to the proposed structure or use.
D.
No building permit shall be issued which authorizes the development or redevelopment of any property for a new use, the expansion or relocation on the same or a different property of any existing use or any change of use wherein a modification to the established site layout is required by the provisions of this chapter for any purpose other than a single-family or two-family dwelling or a municipal facility, until a site development plan for such use shall have been approved by the Planning Board. Where site plan approval is required, applications for the issuance of a building permit must be accompanied by a copy of the approved site plan.
E.
Upon completion of the foundation walls of a structure, the owner or his authorized agent shall submit to the Building Inspector a certified plan, prepared by a land surveyor licensed to practice in the state, showing the location of such foundation walls and the proposed building area on the lot. No structure shall thereafter be constructed above the foundation walls until said certified plan has been approved by the Building Inspector as complying with the pertinent provisions of this chapter and the plans for which the building permit was issued.
F.
The Building Inspector shall keep a record of all building permits issued.
G.
Nothing in this chapter shall be deemed to require any change in the plans, construction or designated use of any building for which a permit was duly issued and on which actual construction was lawfully begun prior to the adoption of this chapter or amendment hereto, and provided that actual construction work has been diligently carried on and the building completed within 18 months from the time the chapter or amendment becomes effective. If construction shall not have been completed within the prescribed period or if the building operations are discontinued for a period of six months, any other construction shall be in conformity with the provisions of this chapter.
§ 125-126 Certificates of compliance.
A.
Upon the completion of any building or structure, for which a building permit was duly issued, the Building Inspector shall make a final inspection thereof. If he shall find the construction complies in full with the provisions of this chapter, including any site plan approval granted pursuant thereto or of any variance therefrom, duly granted by the Board of Appeals, Planning Board or Town Board, or any special permit issued by such Board, and that a final certificate of approval has been issued by the Westchester County Department of Health indicating that all requirements of the Sanitary Code have been complied with and that safe and passable access thereto has been provided, the Building Inspector shall issue, in the name of the owner, a certificate of compliance.
B.
A certificate of compliance shall be deemed to authorize and is required for both initial and continued occupancy and use of the building or land to which it applies and shall continue in effect as long as such building and the use thereof or of such land is in full conformity with the provisions of this chapter and any requirements made pursuant thereto. On the serving of notice by the Building Inspector of any violation of any of said provisions or requirements in respect to any structure or land or the use thereof, the certificate shall thereupon become null and void, and a new certificate shall be required for any further use of such structures or land.
C.
Upon written request from the owner, the Building Inspector shall issue a certificate of compliance for any building or premises existing at the time of the passage of this chapter certifying, after inspection, the extent and kind of use made of the building or premises, including the number of occupants or employees and whether such use conforms to the provisions of this chapter.
D.
The Building Inspector shall keep a record of all such certificates issued.
§ 125-127 Certificates of occupancy.
Upon written request from the owner, the Building Inspector shall issue a certificate of occupancy for any building or premises existing at the time of the passage of this chapter, certifying after inspection the extent and kind of use made of the building or premises, including the number of occupants or employees, and whether such use conforms to the provisions of this chapter.
§ 125-128 Penalties for offenses; remedies.
A.
In accordance with Municipal Home Rule Law § 10(1)(ii)(d)(3), the Town has resolved to supersede New York State Town Law § 268 for violations of the Zoning Code as follows:
[Amended 7-17-2007 by L.L. No. 7-2007]
(1)
Any person or corporation, whether as owner, lessee, architect, contractor or builder, or the agent or employee of any of them, who violates or is accessory to the violation of any provision of this chapter or any rule or regulation made under the authority conferred by this chapter, or who shall erect, construct, alter, enlarge, convert or move any building or structure or any part thereof without a building permit or in violation of any statement or plans submitted and approved under the provisions of this chapter, or who shall use any building, structure or land in violation of this chapter or any rule or regulation made under the authority conferred by this chapter, or in violation of the provisions of any building permit or certificate of occupancy or without a building permit, or certificate of occupancy where one is required by this chapter, and who fails to abate said violation within the time period specified on the violation notice and after written notice has been served upon them either by mail or personal service, shall be liable for a fine not exceeding $500 and/or imprisonment not to exceed 15 days for conviction of a first offense; a fine not exceeding $1,500 and/or imprisonment not to exceed six months for a second conviction within five years of a first conviction for violation of this chapter; and a fine of not exceeding $2,500 and/or imprisonment not to exceed six months, for a third and all subsequent convictions for violations of this chapter within five years of a first conviction. Each and every day a violation continues to exist following written notice of violation shall constitute a separate offense. Nothing in this chapter shall be construed as depriving the Town or Town Board or any designated official thereof of the right to apply for an injunction to prevent any violation of this chapter or the right to employ any other remedy available at law.
[Amended 6-18-2013 by L.L. No. 2-2013]
(2)
Any persons, firm, corporation or other entity who is convicted of having an illegal accessory apartment or illegal multifamily home will be guilty of an unclassified misdemeanor pursuant to the Penal Law. Any person, firm, corporation or entity who is convicted of such an offense will be liable for a fine of $5,000 per day and/or imprisonment for a period not to exceed 15 days. Each and every day that any such violation exists shall constitute a separate offense.
B.
In case any building or structure is erected, constructed, reconstructed, altered, converted, repaired or maintained or any building, structure, land or premises is used in violation of this chapter or any regulation made pursuant thereto or under authority conferred thereby, in addition to other lawful remedies, any appropriate action or proceedings may be instituted to prevent such unlawful erection, construction, reconstruction, alteration, conversion, repair, maintenance or use to restrain, correct or abate such violation, to prevent the occupancy of such building, land or premises or to prevent any illegal act, conduct, business or use in or about such premises. The Building Inspector or a Town police officer shall serve notice either by personal service or by certified mail, addressed to the premises of such violation, on the person committing or permitting the same or on the owner of the property as shown on the latest copy of the Town assessment rolls; and if such violation does not cease within such time as the Building Inspector shall specify, but not less than five days, he may petition the proper court of law for the necessary relief required.
C.
In case of the failure or refusal of the proper local officer, board or body of the Town to institute any such appropriate action or proceeding for a period of 10 days after written request by a resident taxpayer of the Town so to proceed, any three taxpayers of the Town residing in the district wherein such violation exists, who are jointly or severally aggrieved by such violation, may institute such appropriate action or proceeding in like manner as such local officer, board or body of the Town is authorized to do.
§ 125-129 Board of Appeals.
A.
The Board of Appeals, consisting of five members, established by the Town Board pursuant to § 267 of the Town Law of the State of New York, shall continue with all powers and duties prescribed by law and by this chapter. Successors to the members of the Board of Appeals shall be appointed for terms of five years. Any vacancy shall be filled for the unexpired term.
B.
All meetings of the Board of Appeals shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member on every question. If a member is absent or fails to vote, the minutes shall indicate such fact. The concurrent vote of three members of the Board shall be necessary to decide in favor of the applicant any matter upon which the Board is required to pass under the provisions of this chapter.
C.
The Board of Appeals shall have all the powers and duties prescribed by law, including those more specifically specified as follows:
(1)
Appeals.
(a)
The Board of Appeals shall hear and decide appeals from and review any order, requirement, decision or determination made by an administrative official or agency charged with the enforcement of this chapter. Such appeal shall be taken by filing with the Board of Appeals a notice of appeal, specifying the grounds thereof. The administrative official or agency shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
(b)
The Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as, in its opinion, ought to be made in the premises and to that end shall have all the powers of the Building Inspector from whom the appeal is taken.
(2)
Variances. 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 relating to the use, construction or alteration of buildings or structures or the use of the land, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done in accordance with the standards set forth herein.
[Amended 3-16-2004 by L.L. No. 4-2004]
(a)
Use variances.
[1]
The Board of Appeals, upon appeal from the decision or determination of the administrative official charged with the enforcement of such ordinance or local law, shall have the power to grant use variances, as defined herein.
[2]
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:
[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; and
[d]
The alleged hardship has not been self-created.
[3]
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.
(b)
Area variances.
[1]
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 such ordinance or local law, 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 whether:
[a]
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]
The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
[c]
The requested area variance is substantial;
[d]
The proposed variance will have will an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
[e]
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.
(c)
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 Town of Bedford Code, and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
D.
The Board of Appeals shall fix a reasonable time for the hearings of the appeal, variance or other matters referred to it. Notice of the public hearing shall be published at least 10 days prior to the hearing in the official newspaper and shall be mailed by the applicant or appellant at least 10 days prior to the hearing to all owners of lots within 500 feet of the perimeter of the subject lot. The expense of publishing and mailing any notice required by this Article shall be paid by the applicant or appellant, as the case may be, and the applicant or appellant must file with the Secretary of the Board of Appeals an affidavit of mailing with a list of the names of the owners of record of the property within the 500 feet, together with the section and lot number of each, with such written notice prior to the public hearing.
[Amended 8-16-1983]
E.
The resolution of the Board of Appeals shall be recorded in the minutes of its proceedings. A copy thereof shall be filed with the Town Clerk, and one copy shall be mailed to the applicant.
F.
[1]Alternate member. The Board of Appeals is composed of five members that review, hear and decide cases. This number is reduced when a member cannot attend a meeting of the Board of Appeals or, because of conflict of interest, cannot vote on a matter to be considered by the Board of Appeals, which could affect the quorum of three members needed to conduct official business. The appointment of an alternate member is appropriate to aid in successful planning and will provide assistance to the Board of Appeals when members are unavailable and when members need to recuse themselves. It is the legislative intent of the Town Board to provide for the appointment of an alternate member to the Board of Appeals as a reasonable response to such concerns.
[Added 5-16-2023 by L.L. No. 7-2023]
(1)
Appointment. The Town Board is hereby authorized to appoint, by resolution, an alternate member to the Board of Appeals. Such alternate member shall be a resident of the Town of Bedford.
(2)
Term. Alternate members of the Board of Appeals shall be appointed for a term of three years.
(3)
Duties.
(a)
The Chairperson, or the member deputized to chair the meeting in the absence of the Chairperson, shall designate the alternate member to hear and vote on matters and applications coming before the Board of Appeals when a regular member of the Board of Appeals is absent or unable to participate on an application or matter before the Board of Appeals. The Chairperson, or the member deputized to chair the meeting in the absence of the Chairperson, shall also designate an alternate member to vote when a vacancy exists on the Board of Appeals. When so designated, the alternate member shall have the same voting privileges as regular members of the Board of Appeals. All such designations of voting privileges to the alternate member shall be noted in the minutes of the Board of Appeals meeting at which such designations are made.
(b)
The alternate member may be allowed to fully participate in all meetings of the Board of Appeals, as regular members do, at the discretion of the Chairperson, or the member deputized to chair the meeting in the absence of the Chairperson, but cannot vote until designated to do so by the Chairperson or Deputy Chairperson in the absence of the Chairperson.
(c)
All provisions of state law and local law relating to Board of Appeals membership, including but not limited to member eligibility, vacancy in office, removal, compatibility of office and service on other boards, training and continuing education requirements, shall also apply to alternate members, except that alternate members shall not receive compensation.
(4)
Statutory authority; supersession of state law. This subsection is adopted pursuant to the authority granted by § 10, Subdivision 1e(3), This subsection is adopted pursuant to the authority granted by § 10, Subdivision 1e(3), of the Municipal Home Rule Law. of the Municipal Home Rule Law. It is the intent of the Town Board to supersede the provisions of § 267, Subdivision 11, of the Town Law, relating to the appointment of alternate members, to amend and expand the circumstances under which an alternate member of the Board of Appeals may serve.
[1]
Editor's Note: Former Subsection F, Payment of taxes, added 10-5-1992, was repealed 6-7-1994.