Brighton City Zoning Code
CHAPTER 225
Administration and Enforcement
§ 225-1 Building permit required.
No building in any district shall be erected, reconstructed, restored or structurally altered without a building permit duly issued upon application to the Building Inspector. No building permit shall be issued unless the proposed construction or use is in full conformity with all provisions of the Comprehensive Development Regulations. Any building permit issued in violation of the provisions of the Comprehensive Development Regulations shall be null and void and of no effect, without the necessity for any proceedings for revocation or nullification thereof, and any work undertaken or use established pursuant to any such permit shall be unlawful.
§ 225-2 Application information.
Every application for a building permit for a principal building shall contain the following information and be accompanied by the required fee and by a plot plan drawn to scale and signed by the person responsible for such drawing. If no such plot plan is available, a survey prepared by a licensed engineer or land surveyor is required.
A.
The actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected, or of the lot on which it is situated if an existing building.
B.
The exact size and location on the lot of the proposed building or buildings or alteration of an existing building, and of other buildings on the same lot.
C.
The dimensions of all yards in relation to the subject building and the distances between such building and any other existing buildings on the same lot.
D.
The existing and intended use of all buildings, existing or proposed, the use of land and the number of dwelling units the building is designed to accommodate.
E.
Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of the Comprehensive Development Regulations.
§ 225-3 Conditions for issuance of building permit.
A.
No building permit shall be issued for the construction or alteration of any building upon a lot without access to a street or highway, as stipulated in § 280-a of the Town Law.
B.
No building permit shall be issued for any building subject to site plan approval by the Planning Board, or subject to review by the Architectural Review Board, except in conformity with the plans approved by either or both of the said Boards as appropriate.
C.
No building permit shall be issued for a building to be used for any conditional use in any district where such use is subject to approval by the Planning Board unless and until such approval has been duly granted by the Planning Board.
D.
No building permit shall be issued for a building permitted subject to a variance granted by the Zoning Board of Appeals except in accordance with all conditions which may have been prescribed by such Board.
E.
The building-permit application and all supporting documentation shall be made in such number of copies as may be required by the Building Inspector. On the issuance of a building permit, the Building Inspector shall return one (1) copy of all filed documents to the applicant.
F.
The Building Inspector shall, within thirty (30) days after the filing of a complete and properly prepared application, either issue or deny a building permit. If a building permit is denied, the Building Inspector shall state in writing to the applicant the reasons for such denial.
§ 225-4 Certificate of occupancy and certificate of compliance.
B.
The following shall be unlawful until a certificate of compliance shall have been applied for and issued by the Building Inspector or designee:
C.
No certificate of occupancy shall be issued for any conditional use of a building or of land requiring conditional use approval by the Planning Board unless and until such conditional use or site plan approval has been duly granted by the Planning Board. Every certificate of occupancy for which conditional use of site plan approval has been granted or in connection with which a variance has been granted by the Zoning Board of Appeals shall contain a detailed statement of any condition to which the same is subject.
D.
Application for a certificate of occupancy for a new building or for an existing building which has been altered shall be made in forms furnished by the Building Inspector after erection of such building or part thereof has been completed in conformity with the provisions of the Comprehensive Development Regulations. In the case of a new building, such application shall be accompanied by a tape location map or an instrument survey showing the location of all buildings as built. Such certificate shall be issued within ten (10) days after receipt of the properly completed application, but only provided that the application states that all requirements of all other applicable codes or ordinances in effect are complied with.
E.
If the proposed use in conformity with the provisions of the Comprehensive Development Regulations and of all other applicable codes and ordinances, a certificate of occupancy or a certificate of compliance shall be issued by the Building Inspector or designee for change of use of vacant land or change of use of a nonconforming use within ten (10) days after receipt of a properly completed application. If a certificate of occupancy or certificate of compliance is denied, the Building Inspector or designee shall state the reasons in writing to the applicant.
F.
In regard to those uses which are subject to performance standards, the following requirements shall also apply:
(1)
Any normal replacement or addition of equipment and machinery not affecting the operations or the degree or nature of dangerous and objectionable elements emitted shall not be considered a change in use.
(2)
After occupancy, if there occur frequent or continuous, even though intermittent, violations of the performance standards and other provisions for a period of five (5) days, without bona fide and immediate corrective work, the Building Inspector shall suspend or revoke the occupancy permit of the use, and the operation shall immediately cease until it is able to operate in accordance with these regulations, at which time the occupancy permit shall be reinstated.
(3)
The Building Inspector shall investigate any alleged violation of the performance standards, and, if there are reasonable grounds to believe that a violation exists, he shall investigate the alleged violation and, for such investigation, may employ qualified experts. A copy of said findings shall be forwarded to the Town Board. The services of any qualified experts employed by the town to advise in establishing a violation shall be paid by the violator, if a violation is proved, and otherwise by the town. No new certificate of occupancy shall be issued unless such charges have been paid to the town.
H.
A certificate of occupancy or certificate of compliance shall be deemed to authorize, and is required for, both initial occupancy and the continued occupancy and use of the building or land to which it applies.
I.
Upon written request by the owner, and upon payment of the required fee, the Building Inspector shall, after inspection, issue a certificate of occupancy or a certificate of compliance for any building or use thereof, or of land, existing at the time of the adoption of the Comprehensive Development Regulations, certifying such use and whether or not the same and the building conform to the provisions of the Comprehensive Development Regulations.
J.
A record of all certificates of occupancy and certificates of compliance shall be kept in the office of the Building Inspector, and copies shall be furnished on request to any agency of the town or to any persons having a proprietary or tenancy interest in the building or land affected.
§ 225-5 Purpose and intent.
Pursuant to §§ 264 and 265 of the Town Law, the Comprehensive Development Regulations or any part thereof may be amended, supplemented or repealed from time to time by the Town Board on its own motion or upon recommendation by the Planning Board. Every proposed amendment shall be referred by the Town Board to the Planning Board for a report.
§ 225-6 Report of the Planning Board.
In making such report on a proposed amendment, the Planning Board shall make inquiry and determination concerning the items specified below:
A.
Concerning a proposed amendment to, or changes in, the text of the ordinance:
(1)
Whether such change is consistent with the aims and principles embodied in the ordinance as to the particular districts concerned.
(2)
Which areas, land uses, buildings and establishments in the town will be directly affected by such change and in what way they will be affected.
(3)
The indirect implications of such change in its effect on other regulations.
(4)
Whether such proposed amendment is consistent with the aims of the Master Plan of the town.
B.
Concerning a proposed amendment involving a change in the Zoning Map:[1]
(1)
Whether the uses permitted by the proposed change would be appropriate in the area concerned.
(2)
Whether adequate public school facilities and other public facilities and services, including roads, exist or can be reasonably expected to be created to serve the needs of any additional dwellings or other uses likely to be constructed as a result of such change.
(3)
Whether the proposed change is in accord with any existing or proposed plans in the vicinity.
(4)
The effect of the proposed amendment upon the growth of the town as envisioned by the Master Plan.
[1]
The Zoning Map is on file in the Building and Planning Department offices.
§ 225-7 Filing of petition.
A.
A petition to amend, change or supplement the text of the Comprehensive Development Regulations, or any zoning district as designated on the Zoning Map established herein, may be initiated by the Town Board, the Planning Board or property owner(s) or agent(s) with authorization from the owner, and shall be filed with the Town Clerk and transmitted to the Town Board.
B.
Whenever a petition requesting a change of district boundary and designation is presented to the Town Board, there shall also be presented a plan of the proposed development and use of the area to be changed. All petitions for amendments shall include an environmental assessment form as required by the State Environmental Quality Review (SEQR) Act.[1]
[1]
See § 8-0101 et seq., of the Environmental Conservation Law.
§ 225-8 Public hearings, official notice, recording.
Unless otherwise provided, the provisions of the Town Law pertaining to public hearings, official notice and proper recording of zoning actions taken by the Town Board shall apply to all amendments to the Comprehensive Development Regulations.
§ 225-9 Rehearing on petition.
The disposition of a petition for amendment by the Town Board shall be final, and disapproval or denial of the proposed amendment shall void the petition. No new petition for an amendment which has been previously denied by the Town Board shall be considered by it, except for a vote to table or to receive and file, and no public hearing shall be held on such amendment within a period of one (1) year from the date of such previous denial, unless the Town Planning Board shall submit a recommendation, with reasons stated therefor, certifying that there have been substantial changes in the situation which would merit a rehearing by the Town Board.
§ 225-10 Notification of decision.
The Town Board shall notify the applicant for the amendment in writing of the Town Board's decision within five (5) days after the decision has been rendered.
§ 225-11 Record of amendments.
Every zoning ordinance and amendments thereto shall be entered into the minutes of the Town Board. The Town Clerk shall maintain records of amendments to the text and map of the Comprehensive Development Regulations in a separate file or file cabinet to be available at any time during regular business hours for public inspection.
§ 225-12 Applicability.
The following provisions shall apply to all buildings and uses existing on the effective date of the Comprehensive Development Regulations which do not conform to the requirements set forth in the Comprehensive Development Regulations, and to all buildings and uses that become nonconforming by reason of any subsequent amendment to the Comprehensive Development Regulations.
§ 225-13 Continuation.
Any nonconforming use of buildings or open land, except those specified in § 225-15 herein, may be continued, except that the same:
A.
Shall not be enlarged, altered, extended, reconstructed or restored, except as provided in Subsection E below, or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of the Comprehensive Development Regulations; nor shall any external evidence of such use be increased by any means whatsoever without the approval of the Zoning Board of Appeals, and then only after a finding by the Zoning Board of Appeals that the proposed new alteration, extension, reconstruction, restoration or placement of the nonconforming use will be in closer compliance with the provisions of the Comprehensive Development Regulations and shall have a minimal detrimental effect upon adjoining conforming uses.
[Amended 4-27-2022 by L.L. No. 5-2022]
B.
Shall not be moved to another location where such use would be nonconforming without the approval of the Zoning Board of Appeals, and then only after a finding by the Zoning Board of Appeals that the proposed new location of the nonconforming use will be in closer compliance with the provisions of the Comprehensive Development Regulations and shall have a minimal detrimental effect upon adjoining conforming uses.
[Amended 4-27-2022 by L.L. No. 5-2022]
C.
Shall not be changed to another nonconforming use without the approval of the Zoning Board of Appeals, and then only after a finding by the Zoning Board of Appeals that the proposed new nonconforming use will be in closer compliance with the provisions of the Comprehensive Development Regulations and shall have a minimal detrimental effect upon adjoining conforming uses.
D.
Shall not be reestablished if such use has been discontinued for any reason for a period of one (1) year or more, or has been changed to or replaced by a conforming use. Intent to resume a nonconforming use shall not confer the right to do so.
E.
Shall not be restored for other than a conforming use after damage for any reason exceeding seventy-five percent (75%) of its assessed value. If the restoration of a building whose damage does not exceed fifteen percent (15%) of its assessed value, or its bulk is not completed within a one-year period, the nonconforming use of such building shall be deemed to have been discontinued.
§ 225-14 Noncomplying buildings.
[Amended 6-27-2007 by L.L. No. 11-2007]
A.
Nothing in this article shall be deemed to prevent normal maintenance and repair of, structural alteration in, or enlargement of a noncomplying building, provided that such action does not increase the degree of or create any new nonconformity or noncompliance with regard to the regulations pertaining to such buildings.
B.
A noncomplying building destroyed by fire or other casualty may be rebuilt, provided that such action does not increase the degree of or create any new nonconformity or noncompliance with regard to the regulations pertaining to such buildings, and provided that:
(1)
Construction shall commence within a period of six months from the time of destruction; however, for good cause shown, the Commissioner of Public Works may allow a maximum of one successive additional period of six months;
(2)
Construction shall be completed within one year of the issuance of a building permit for reconstruction; however, for good cause shown, the Commissioner of Public Works may allow a maximum of two successive additional periods of six months;
C.
If a noncomplying building is substantially demolished for a reason other than casualty, any future construction on the site shall conform to the Town Code and other regulations in effect at the time of future construction and pertaining to such buildings. However, any single-family detached dwelling substantially demolished for any reason may be rebuilt to the square foot floor area and livable floor area existing at the time of substantial demolition, provided that all other regulations and requirements of the Town Code as of the date of application for a building permit are met.
§ 225-15 Termination of nonconforming uses.
Each of the nonconforming uses specified in this section is deemed sufficiently objectionable, undesirable and out of character in the district in which such use is located to depreciate the value of other property and uses permitted in the district and blight the proper and orderly development and general welfare of such district and the community to the point that each such nonconforming use must be terminated, which period of time is specified for the purpose of permitting the amortization of the remaining value, if any, of such use:
A.
In any residential district, any nonconforming use of open land, including but not limited to such uses as a parking lot, trailer, junkyard or open storage yard for materials or equipment, may be continued for three years after the effective date of the Comprehensive Development Regulations, provided that, after the expiration of that period, such nonconforming use shall be terminated.
B.
Any sign that is now nonconforming by reason of a previous ordinance shall be terminated by January 1, 1998.
C.
Any nonconforming use of land as an e-cigarette and/or vapor sales establishment, as defined herein, shall be terminated by January 1, 2022.
[Added 12-14-2016 by L.L. No. 1-2017]
§ 225-16 Required modification of nonconforming uses.
Each of the nonconforming uses specified in this section is deemed sufficiently objectionable, undesirable and out of character in the district in which the use is located to depreciate the value of other property and uses permitted in such district and blight the proper and orderly development and general welfare of such district and the town to a point requiring that each of such nonconforming usesbe modified to the extent possible within a specified period of time as set forth below:
A.
In any residential district, any nonconforming open use, regardless of the presence of any buildings thereon, may be continued as is for one (1) year after enactment of the Comprehensive Development Regulations, during which time the Building Inspector shall notify each property owner that the use of such property is terminated unless within sixty (60) days the owner applies to the Planning Board for a conditional use permit pursuant to Chapter 217, Planning Board, Article II. On or before the expiration of said one-year period, such nonconforming use shall be modified in accordance with such reasonable conditions as shall be imposed by the Planning Board when issuing a conditional use permit, which conditions shall be designed to minimize any detrimental effect that such open use may have on adjoining or nearby lots in a residential district.
B.
In any district other than a residential district, any use which is nonconforming because it is not located within a building fully enclosed on all sides may be continued for three (3) years after the effective date of the Comprehensive Development Regulations, provided that after the expiration of that period such nonconforming use shall be terminated. Any other provision to the contrary notwithstanding, however, no such use will be required to terminate if, within the said period, such use shall be located within a completely enclosed building complying with the requirements of the district in which it is located, or, if within the said period, such use shall be surrounded with a solid fence or material and design acceptable to the Planning Board, which fence shall be one (1) foot higher than any material stored outdoors, provided that such fence shall be maintained in good condition at all times.
§ 225-17 Repairs and maintenance.
Notwithstanding any of the foregoing regulations, nothing in this Article shall be deemed to prevent normal maintenance and repair of any use or building, or the carrying out, upon the issuance of a building permit, of major structural alterations or demolitions necessary in the interest of public safety. In granting such a building permit, the Building Inspector shall state the precise reason why such alternations were deemed necessary.
§ 225-18 Burden of proof.
[Amended 11-25-2008 by L.L. No. 6-2008]
It shall be the responsibility of the owner of record to prove that the activity or condition is preexisting nonconforming. The owner may file an affidavit of nonconforming use with the Building Inspector, which affidavit shall contain the legal description of the affected property, the purpose for which the property is used and any other factors deemed necessary to establish nonconformity. The affidavit shall be accompanied by a fee as set from time to time by the Town Board. The Building Inspector or designee shall make an examination verifying the existence of the nonconformity and shall endorse the verified affidavit, and it shall be filed with the Town Clerk. The Town Clerk’s fee required for filing the affidavit of nonconforming use shall be paid by the applicant. The verified affidavit shall constitute presumptive evidence which will permit the continuance of the nonconformity. The nonconformity may be abolished or abated either by presentation of competent evidence regarding controversy surrounding the nonconforming use of the property to the Zoning Board of Appeals or by filing a waiver conferred by the owner of record of the property described in the affidavit.
§ 225-19 Penalties.
A.
Violations of any provision or requirement of the Comprehensive Development Regulations, or violation of any statement, plan, application, permit or certificate approved under the provisions of the Comprehensive Development Regulations, shall be considered an offense punishable by a fine and/or imprisonment, as provided for in § 268 of the Town Law of the State of New York.
B.
The owner, general agent or contractor of a building, premises or part thereof where such a violation has been committed or does exist shall be guilty of such an offense.
C.
Any agent, contractor, architect, building, corporation or other person who commits, takes part in or assists in such violation shall be guilty of such an offense.
D.
Each and every week that any such violation continues, after a ten-day period from the date of notification that such violations exists, shall constitute a separate offense. Such notice shall be written by the Building Inspector and shall be served by mail or by personal service.
§ 225-20 Institution of other legal action.
The imposition of penalties herein prescribed shall not preclude the town or any person from instituting appropriate legal action or proceedings to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, or to restrain, correct or abate a violation, or to prevent the illegal occupancy of a building, land or premises.