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Boonville Village City Zoning Code

ARTICLE X

Administration and Enforcement

§ 380-59 Zoning permits required.

No land use activity as listed below shall be carried out until a zoning permit has been issued by the Code Enforcement Officer stating that the proposed building, structure, use of land, or development activity complies with the requirements of this chapter:
A. 
Erection, re-erection or movement of a building or structure;
B. 
Change of the exterior structural dimensions of a building or structure;
C. 
Change in use of land, buildings or structures through the establishment of a new use, or through the expansion or enlargement of an existing use;
D. 
The resumption of any use which has been discontinued for a period of 12 months or longer;
E. 
Establishment or change in dimensions of a parking area for nonresidential or multifamily residential uses;
F. 
Change in the contours of land.

§ 380-60 Zoning permit exceptions.

A zoning permit shall not be required for:
A. 
Accessory structures with less than 100 square feet of ground coverage, unless over 15 feet in height;
B. 
Fences or walls complying with § 380-23 of this chapter;
C. 
Interior structural alterations or routine maintenance and improvement that does not expand the exterior dimensions of the structure (e.g., roofing, window replacement, siding replacement, etc.);
D. 
Minor accessory structures such as posts, sidewalks, driveways, flagpoles, playground equipment, etc.;
E. 
Family day-care homes and group family day-care homes;
F. 
Signs regulated by Chapter 97, Advertising, of the Code of the Village of Boonville.

§ 380-61 Temporary zoning permits.

Temporary zoning permits may be issued upon approval of the Planning Board for a period not to exceed 12 months for temporary uses and structures incidental to a construction project. Such temporary zoning permit shall be conditioned upon agreement by the applicant to remove any nonconforming uses or structures upon expiration of the permit.

§ 380-62 Application procedure for zoning permits.

A. 
Applications for zoning permits shall be submitted to the Code Enforcement Officer or Village Clerk and shall include three copies of a layout or plot plan showing the actual dimensions of the lot to be used; the size and location on the lot of existing and proposed structures and accessory structures; the setbacks of structures from all lot lines, street lines, mean high-water lines of streams, ponds and wetlands, and any other features of the lot; and such other information as may be necessary to provide for the enforcement of this chapter. This information, and other relevant application data, shall be provided on forms issued by the Village Clerk.
B. 
When establishing measurements to meet the required setbacks and yard sizes, the measurements shall be taken from the lot line, street line, or nearest mean high-water line to the furthermost protruding part of the use or structure. This shall include such projecting facilities as porches, carports, attached garages, etc.
C. 
The Code Enforcement Officer shall take action to approve or disapprove the application within 15 days of the receipt of a completed application by the Code Enforcement Officer and the payment of all fees.
D. 
A zoning permit shall expire one year from the date of issue if construction is not substantially started or the use has not commenced.

§ 380-63 Permit fees.

A fee as determined by Village Board resolution shall be paid for each application for a zoning permit. No permit shall be issued until full payment has been received by the Village Clerk.

§ 380-64 Certificate of occupancy.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Certificates of occupancy are issued in accordance with Chapter 149, Construction Codes, Uniform, § 149-7.

§ 380-65 Temporary certificate of occupancy.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Temporary certificates of occupancy are issued in accordance with Chapter 149, Construction Codes, Uniform, § 149-7.

§ 380-66 Unapproved lots.

No zoning permit or certificate of occupancy shall be issued for any use or structure on any lot which has been filed in the office of the County Clerk after the effective date of Chapter 336, Subdivision of Land, unless such lot is included in a plat which has been approved by the Planning Board and filed with the office of the County Clerk, or was exempt from said regulations at the time of filing.

§ 380-67 Code Enforcement Officer.

This chapter shall be enforced by the Code Enforcement Officer, who shall be appointed by the Village Board. The duties of the Code Enforcement Officer shall be to:
A. 
Approve and disapprove zoning permits and certificates of occupancy;
B. 
Scale and interpret zone boundaries on the Zoning Map;
C. 
Refer appropriate matters to the Board of Appeals, Planning Board, or Village Board;
D. 
Revoke zoning permits or certificates of occupancy where there is false, misleading or insufficient information or where the applicant has varied from the terms of the application;
E. 
Investigate violations, issue stop-work orders and appearance tickets, and refer violations to the Town Justice or the Village Board;
[Amended 11-30-2017 by L.L. No. 1-2017]
F. 
Report at regular Village Board meetings the number of zoning permits and certificates of occupancy issued.

§ 380-68 Zoning Board of Appeals.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A Zoning Board of Appeals is hereby created pursuant to Village Law § 7-712. The Board shall prescribe rules for the conduct of its affairs. The Board of Appeals shall have all the power and duties prescribed by Village Law § 7-712-b and by this chapter. All applications for appeals shall be made and reviewed in compliance with the administrative regulations established by the Zoning Board of Appeals pursuant to Village Law § 7-712-a.

§ 380-69 Planning Board. [1]

A. 
The Planning Board shall have the following powers and duties with respect to this chapter:
(1) 
Approval of site plans;
(2) 
Approval of special use permits;
(3) 
Submittal of an advisory opinion to the Village Board for proposed amendments to this chapter.
B. 
All applications made shall be made, in writing, on forms prescribed by the Village. Every decision of the Planning Board shall be made by resolution which shall contain a full record of findings in the case.
[1]
Editor's Note: See also Ch. 62, Planning Board.

§ 380-70 Filing of records.

A. 
A copy of all zoning permits, temporary zoning permits, certificates of occupancy, notices of violation, and stop-work orders shall be immediately filed in the office of the Village Clerk, upon issuance by the Code Enforcement Officer.
B. 
A copy of all decisions of the Zoning Board of Appeals shall be filed in the office of the Village Clerk within five business days of the decision of the Board.
C. 
A copy of all decisions of the Planning Board shall be immediately filed in the office of the Village Clerk.
D. 
All such records shall be available for the inspection of the public.

§ 380-71 Violations and penalties.

A. 
Whenever a violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints shall be in writing and shall be filed with the Code Enforcement Officer, who shall properly record and immediately investigate such complaint. If the complaint is found to be valid, the Code Enforcement Officer shall issue a stop-work order requiring all work to cease until the violation is corrected. If the violation is not corrected within the specified time, the Code Enforcement Officer shall take action to compel compliance.
B. 
Pursuant to Criminal Procedure Law § 150.20, Subdivision 3, the Code Enforcement Officer is hereby authorized to issue an appearance ticket to any person causing a violation of this chapter, and shall cause such person to appear before the Town Justice.
[Amended 11-30-2017 by L.L. No. 1-2017]
C. 
Pursuant to Municipal Home Rule Law § 10 and Village Law § 7-714, any person, firm, or corporation who commits an offense against, disobeys, neglects, or refuses to comply with or resists the enforcement of any of the provisions of this chapter shall, upon conviction, be deemed guilty of a violation and subject to fine and/or imprisonment. Any violation of this chapter is an offense punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and, upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $750 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.
D. 
The Village Board may maintain an action or proceeding in the name of the Village in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of this chapter.