Brownville Village City Zoning Code
ARTICLE IV
Administration and Enforcement
§ 88-16 Zoning permits.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No building or structure shall be erected, or use instituted, until a permit therefor has been issued. The exterior structural area of a building shall not be enlarged until a permit therefor has been issued.
A zoning permit shall not be required for chimneys, placement of posts, and other similar accessory uses.
When establishing measurements to meet the required front yards and structure setbacks, the measurements shall be taken from the street line or lot line to the point attached to the structure which projects out the furthest. This shall include such projecting facilities as cornices, chimneys, eaves, porches, carports, attached garages, etc.
No such zoning permit or certificate of occupancy shall be issued for any building where said construction, addition, and exterior expansion or use thereof would be in violation of any of the provisions of this chapter.
A zoning permit issued under this chapter shall expire six months from the date of issue if construction is not started.
Any use that has been discontinued for a period of 12 months or longer shall be termed abandoned and may not be reinstituted without applying for a new zoning permit.
Applications for zoning permits shall be submitted to the Zoning Officer and shall include two copies of a plat plan showing the actual dimensions of the lot to be built upon; the size, location and height (on the lot) of the building and accessory buildings to be erected; the distances from the building line to all lot lines, street right-of-way line, structures, streams and any other features of lot; and such other information as may be necessary to determine and provide for the enforcement of this chapter. This information and other relevant application data shall be provided on a form issued by the Village.
A fee, as determined by the Village Board, shall be levied for each zoning permit issued.
Temporary zoning permits may be issued by the Zoning Officer for a period not exceeding one year, for conforming and nonconforming uses. Such permits, for nonconforming structures, are conditioned upon agreement by the owner or operation to remove the nonconforming structure(s) or equipment upon expiration of the permit or to bring the use into compliance by a specific time. Such permits may be renewed.
A zoning permit is required to place or erect a sign larger than four square feet in area. Before issuance of such a permit, signs must meet the appropriate regulations of the respective district in which they are located. Such regulations are found in Article III, § 88-5. No permit is needed for temporary signs, as identified and defined in this chapter.
Issuance of a zoning permit does not eliminate the need to obtain any other development permit that may be required by a local, county or state agency (e.g., a building permit pursuant to the New York State Uniform Fire Prevention and Building Code).
§ 88-17 Zoning Officer.
This chapter shall be enforced by the Zoning Officer, who shall be appointed by the Village Board.
The Zoning Officer's authorities shall include:
Issuance and denial of permits.
Issuance or denial of certificates of occupancy.
Referral of appropriate appeal, special review and amendment matters to the Planning Board, Village Board, and Zoning Board of Appeals.
Revocation of a permit where there is false, misleading or insufficient information. Revocation of a permit and/or certificate of occupancy where the applicant has not done what was proposed on the application.
Issuance of stop-work orders and appraisal of the appropriate Board or official of legal matters which must be pursued.
Reporting to the Village Board the number of permits issued and fees collected at regular Village Board meetings.
§ 88-18 Certificate of occupancy.
No land shall be occupied or used and no building hereafter constructed, erected, extended, used, or changes made in the use until a certificate of occupancy shall have been issued by the Zoning Officer stating that the buildings or proposed use thereof complies with the provisions of this chapter.
All certificates of occupancy shall be applied for coincident with the application for a zoning permit. Said certificate shall be issued within 10 days after the erection, alteration or institution of new use and shall have been approved as complying with the provisions of this chapter.
The Zoning Officer shall maintain a record of all permits, certificates and other appropriate correspondence/paperwork. Copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building affected.
§ 88-19 Board of Appeals.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Creation, appointment and organization. A Board of Appeals is hereby created. Said Board shall consist of three members. The Village Board shall appoint the members of the Board of Appeals on a staggered-term basis in conformance with Village Law. The Board of Appeals shall select a Chairman and Secretary, and shall prescribe rules for the conduct of its affairs.
Powers and duties. The Board of Appeals shall have all the power and duties prescribed by Village Law and by this chapter which are more particularly specified as follows:
Interpretation: to decide any question involving the interpretation of any provision of this chapter upon appeal from a decision by an administrative official or citizen, including determination of the exact location of any district boundary if there is uncertainty with respect thereto.
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, and other exceptional physical conditions; or undue use hardships; 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 buildings. Variances must meet the criteria of Village Law, legal parameters and the Board of Appeals shall prescribe any conditions that it deems to be necessary or desirable.
Procedure. The Board of Appeals shall act in strict accordance with the procedure specified by Village Law and by this chapter. All appeals and applications made to the Board shall be in writing and on a form prescribed by the Village. Every appeal or application shall refer to the specific provisions of this chapter being appealed and shall exactly set forth the interpretation sought, or the details of the appeal that is applied for and the grounds on which it is claimed that the appeal should be granted, as the case may be. A hearing shall be held for all variance requests in conformance with the requirements of Village Law. Every decision of the Board of Appeals shall contain a full description of reasons for granting or denying the permit. The reasons for the action shall be set forth in the minutes of the Board of Appeals meeting at which the action was taken. A tally of each member's vote shall be recorded. Final appeal decisions by the Board shall be rendered in public session. All appeals shall first be referred to the Planning Board for its recommendation before any final action by the Board of Appeals. The Planning Board shall have 15 days from the date of receiving information on the appeal to issue a recommendation. If a recommendation is not issued in this time, it shall be deemed that the Planning Board concurred with the appeal. All recommendations from the Planning Board to the Board of Appeals shall be made in writing and are nonbinding on the final decision of the Board of Appeals. The Planning Board's recommendation should consider the appeal's relevancy in terms of the general intent of this chapter, the Comprehensive Plan and other long range planning concerns.
All variance actions that fall under the jurisdiction of General Municipal Law § 239-m shall be referred to the Jefferson County Planning Board for their review and action thereon, prior to any local decision. The requirements of this section of this chapter shall be followed by the Village.
Notification of adjoining municipalities of granting of use variance for property within 500 feet shall be given where required by General Municipal Law § 239-nn.
No variance of the strict application of any provision or regulation contained in this chapter shall be granted by the Board of Appeals unless done so in satisfaction of the following guidelines.
A use variance requires demonstration of unnecessary hardship by providing:
Uniqueness; that the applicants' situation has certain conditions or features that are not generally characteristic throughout the district.
No reasonable return; that the conditions or features in Subsection E(1)(a) above prevent the applicant from obtaining a reasonable return under any use permitted by this chapter. This proof must be demonstrated in "dollars and cents" form.
Character; that the modification will not change the character or quality of the neighborhood. In addition, the spirit of the law must be preserved.
An area variance requires demonstration of practical difficulty through the following three-step process:
The applicant must show that application of this chapter to his property will cause significant economic injury.
The municipality must show that this chapter is a reasonable exercise of the police power.
Assuming that Subsection E(2)(b) above is shown affirmatively, the applicant must show that the regulations as applied in his case are unrelated to the health, safety and welfare of the community. Also, it must be shown that the variance will not adversely effect the community.
§ 88-20 Planning Board.
Creation, appointment and organization. A Planning Board is hereby created. Said Board shall consist of five members. The Village Board shall appoint the members of the Planning Board on a staggered-term basis in conformance with Village Law. The Planning Board shall select a Chairman and Secretary and shall prescribe rules for the conduct of its affairs.
Powers and duties. The Planning Board shall have all the power and duties prescribed by Village Law and by this chapter, some of which are specified below:
Amendments. The Village Board shall refer all amendment proposals to the Planning Board for a twenty-day (maximum) review and recommendation period, prior to Village Board action thereon. If the Planning Board does not recommend on the proposal (to the Village Board) within this period it shall be deemed that they have approved the proposal. The Planning Board's recommendation shall be made in writing to the Village Board. The Planning Board's recommendation should consider the amendment and its impact on the intent of the Comprehensive Plan, this chapter and other long-range planning concerns of the Village.
Site plan review. The Planning Board shall have the authority to administer the site plan review requirements of this chapter, found in Article V. In so administering these regulations, it is recognized that site plan review allows the Planning Board to vary the strict application of this chapter in order that the applicant meet generally prescribed performance criteria. However, the Planning Board shall be empowered to establish specific conditions, dimensions and other requirements to meet these performance standards. In performing this duty, the Planning Board shall act in accordance with the legal authority of this chapter, as well as the appropriate section of Village Law.
§ 88-21 Penalties for offenses.
Violations and penalties. A violation of this chapter is an offense punishable by a fine not exceeding $250. Each week's continued violation shall constitute a separate offense.
Complaints of violations. Whenever a violation of this chapter occurs, the Zoning Officer, Village or any person may file a complaint in regard thereto. All such complaints must be in writing and shall be filed with the Zoning Officer who shall properly record such complaint and immediately investigate and report thereon to the Village Board. The Village Board shall institute appropriate legal procedures to correct the violation or issue penalties. This shall be done by a stop-work order or order to correct the violation being issued. If the violation is not corrected within the specified time the Village shall issue an injunction against the violator and require his appearance in court. The seeking of an injunction shall not preclude the Village from enforcing the penalty provisions contained in the above subsection.
§ 88-22 Amendments.
The Village Board may from time to time on its own motion, or on petition, amend, supplement, or repeal the regulations and provisions of this chapter after appropriate public notice and hearing as provided for in Village Law § 7-708.
Procedure. The Village Board, by resolution adopted at a stated meeting, shall fix the time and place of public hearing on the proposed amendments and cause notice to be given as follows:
By publishing a notice at least 10 days prior to the time and place of such hearing in a paper of general circulation in the Village.
As required by General Municipal Law § 239-m, a written notice of any proposed change or amendment affecting property within 500 feet of the boundaries of any city, Village, town or county, or within 500 feet of any existing or proposed state or county highway right-of-way shall be given to the clerk of such municipality and referred to the Jefferson County Planning Board for its review and action thereon (within at least 30 days from the date of receipt of the application). The requirement of this section of this chapter shall be followed by the Village.
Other provisions of posting, publication and action on the amendments, as set forth in the Village Law, shall be adhered to.
The Village Board shall refer all amendment proposals to the Planning Board for a twenty-day (maximum) review and recommendation period, prior to Village Board action thereon. If the Planning Board does not recommend on the proposal (to the Village Board) within this period, it shall be deemed that they have approved the proposal. The Planning Board's recommendation shall be made in writing to the Village Board. The Planning Board's recommendation should consider the amendment and its impact on the intent of the Comprehensive Plan, this chapter and other long-range planning concerns of the Village.