Brockport City Zoning Code
ARTICLE IV
Administration; Enforcement; Board of Appeals; Amendments; Penalties
§ 58-24 Enforcement.
A.
This chapter shall be enforced by the Building Inspector, appointed by the Village Board to serve at the pleasure of the Village Board. No building permit application shall be approved by the Building Inspector or a building permit issued by the Village Clerk for any purpose except in compliance with the provisions of this chapter and such other ordinances, rules and regulations of the Village of Brockport currently in force at the time of application and also in compliance with the laws of the State of New York, and rules and regulations as promulgated by department and agencies of the state currently in effect at the time of application.
B.
No land shall be occupied and no building or structure previously existing or hereafter erected, altered or extended, or upon transfer of title to a new owner, shall be used or changed in use until a certificate of occupancy is issued by the Building Inspector. A certificate of occupancy shall not be required for transfer of title to a new owner of a single-family dwelling. The Building Inspector shall issue a certificate of occupancy in the same classification as previously issued unless otherwise directed by the Planning Board.
[Amended 5-7-1984 by L.L. No. 1-1984; 1-19-1987 by L.L. No. 2-1987]
C.
A nonconforming use shall not be extended unless a certificate of occupancy has been issued by the Building Inspector and approved by the Board of Appeals.[1]
D.
Application for a certificate of occupancy shall be made at the same time as the application for a building permit. When a certificate of occupancy is required, the building permit shall not be issued unless application has been made for a certificate of occupancy.
§ 58-25 Fees for building permits.
A.
The Village Board shall establish a schedule of fees, charges and expenses and a collection procedure for building permits, certificates of occupancy, appeals and other matters covered by this chapter. The schedule of fees shall be posted in the office of the Village Clerk and be altered or amended only by the Village Board. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.
[Amended 8-7-1961; 12-7-1970; 11-19-1973; 5-7-1984 by L.L. No. 1-1984; 1-19-1987 by L.L. No. 2-1987; 9-10-1990 by L.L. No. 1-1990]
B.
Building permits issued prior to the enactment of this chapter shall expire one year after the date of enactment of this chapter.
C.
Building permits issued under the provisions of this chapter shall become null and void unless construction has started within three months of the date of issuance and construction completed within 15 months. When the time of starting construction or the time for the completion of construction exceeds these periods, application may be made for a new permit extension to the Board of Appeals, which, for the good reason shown, may extend the permit at no extra cost.
D.
When the application for a building permit is denied, that portion of the fee in excess of the minimum shall be refunded to the applicant.
§ 58-26 Board of Appeals.
A.
Creation, appointment and organization. A Board of Appeals is hereby created. Said Board shall consist of five members. The Board shall elect a Chairman from its membership, shall appoint a Secretary and shall prescribe rules for the conduct of its affairs.
B.
Powers and duties. The Board of Appeals shall have all the powers and duties prescribed by law and by this chapter, which are more particularly specified as follows:
(1)
Interpretation. Upon appeal from the decision by an administrative official, to decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary if there is uncertainty with respect thereto.
(2)
Special permits. To issue special permits for any of the uses for which this chapter requires the obtaining of such permits from the Board of Appeals.
(3)
Variances. To vary or adapt the strict application of any of the requirements of this chapter in the case of exceptionally irregular, narrow, shallow or steep lots or other exceptional physical conditions, whereby such strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved, but in no other case.
(a)
No variance in the strict application of any provision of this chapter shall be granted by the Board of Appeals unless it finds:
[1]
That there are special circumstances or conditions, fully described in the findings of the Board, applying to such land or buildings and not applying generally to land or buildings in the neighborhood, and that said circumstances or conditions are such that strict application of the provisions of this chapter would deprive the applicant of the reasonable use of such land or buildings.
[2]
That, for reasons fully set forth in findings of the Board, the granting of the variance is necessary for the reasonable use of the land or building and that the variance as granted by the Board is the minimum variance that will accomplish this purpose.
[3]
That the granting of the variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(b)
In granting any variance, the Board of Appeals shall prescribe any conditions that it deems to be necessary or desirable.
C.
Procedure.
(1)
The Board of Appeals shall act in strict accordance with the procedure specified by law and by this chapter. All appeals shall be in writing, on forms prescribed by said Board. Every appeal or application shall refer to the specific provision of the zoning regulation involved and shall exactly set forth the interpretation that is claimed, the use for which special permit is sought or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be. The Board of Appeals shall set a date for said hearing within 30 days of the filing of said appeal in the Village Clerk's office and shall give 10 days' notice of said hearing by publication thereof in the Village of Brockport's official newspaper. Further, the Board shall mail (first-class mail) a written notice to property owners within 350 feet of the subject property 10 days prior to the scheduled hearing.
[Amended 7-1-1996 by L.L. No. 3-1996]
(2)
Every decision of the Board of Appeals shall be by resolution, each of which shall contain a full record of the findings of the Board in the particular case.
§ 58-27 Interpretation; conflict with other laws.
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of public health, morals, safety and general welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations and ordinances, the most restrictive, or that imposing higher standards, shall govern.
§ 58-28 Tract restrictions.
This chapter does not repeal, abrogate, impair or interfere with any easements, covenants or agreements now existing between owners of land or premises, except that, whenever this chapter imposes greater restrictions upon the erection or alteration of structures or the use of the premises than required by such easements, covenants and agreements, the provisions of this chapter shall control.
§ 58-29 Public hearing fee.
[Amended 5-7-1984 by L.L. No. 1-1984; 7-1-1996 by L.L. No. 3-1996]
Persons petitioning for a change of classification of use, a change in district or grant of variance by the Board of Appeals or the initiating of any applications, petitions or proceeding which requires a public hearing shall, at the time of filing such application or petition, pay to the Village Clerk-Treasurer the sum noted in the most current Village Fee Schedule to cover the cost of publishing the notice of public hearing and other expense incidental thereto.
§ 58-30 Penalties for offenses.
A.
Any person, corporation or other entity who violates the provisions of this chapter shall be guilty of a violation and shall be subject to imprisonment not to exceed fifteen days or a fine not to exceed $250 or both such fine and imprisonment. Each day of continued violation shall constitute a separate offense.
[Amended 11-16-2015 by L.L. No. 1-2015]
B.
Service of the notices shall be sufficient if directed to the owner, agent of the owner or the contractor and left at his last-known place of business or residence, if within the Village of Brockport, and if no place of business or residence is found, then the notice shall be served by posting in a conspicuous place on the premises which are the subject of the violation.
§ 58-31 Areas annexed.
A.
Each parcel of land annexed to the Village of Brockport shall be considered as being in that use district in which the use of the land and of the structures would be conforming uses within the provisions of this chapter. When the uses of the land or of the structure would, under the provisions of this chapter, be prohibited uses in all districts, such parcel or parcels shall be classified as being in the O Residential Use District, and such prohibited uses shall be designated as being legal nonconforming uses.
B.
When lands annexed to the Village of Brockport are separated from a municipality which, at the effective date of the annexation, had in force a zoning ordinance, such lands and structures shall continue in the classification and under the provisions of the zoning ordinance of the municipality from which such lands are separated.
C.
Notwithstanding the provisions of Subsections B and C of this section, a petition for the annexation of lands to the Village of Brockport containing a provision designating the classification of use district in which such lands shall be established may be accepted by the Village Board as the designated use district or districts, and such lands thereafter shall be subject to the regulations of the designated use district or districts.
D.
After annexation, the Village Board, at any time, may in the same manner as provided by Village Law for changes and amendments to the Zoning Ordinance, change or reclassify the use district designations of and provisions applicable to the lands annexed.
§ 58-32 Repeal of existing ordinances.
A.
The Zoning Ordinance of the Village of Brockport adopted January 3,1928, as amended, is hereby repealed.
B.
All rules, regulations and ordinances of the Village of Brockport inconsistent with the provisions of this chapter are hereby repealed as of the date this chapter takes effect. This chapter does not repeal, abrogate or impair now existing conditions or permits previously issued relative to the erection or alteration of structures or the use of premises.
C.
Wherever this chapter imposes greater restriction upon the erection or alteration of structures or uses of the premises than required by existing provisions of law, ordinances, regulations or permits, the provisions of this chapter shall apply.
§ 58-33 Validity.
The invalidity of any section or provision of this chapter shall not invalidate any other section or provision of this chapter.
§ 58-34 Effective date.
This chapter shall take effect January 4, 1960.