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Canisteo Village City Zoning Code

ARTICLE VII

Administration and Enforcement

§ 119-67 Building Inspector designated to administer and enforce provisions.

A. 
Building Inspector. The duty of administering and enforcing this chapter is hereby conferred upon the Building Inspector, who shall have such powers as are conferred upon him by this chapter and as may reasonably be implied. He shall be appointed by the Village Board and shall receive such compensation as said Board shall determine.
B. 
Issuance of appearance tickets by Building Inspector. In accordance with Article 150 of the Criminal Procedure Law and § 10 of the Municipal Home Rule Law of the State of New York, the Canisteo Village Board of Trustees authorizes the duly designated Building Inspector to issue appearance tickets for violations of this chapter. The Building Inspector shall issue said appearance ticket when a violation persists after a notice of discontinuance has been issued or when said notice is refused by a violator. Upon issuance of an appearance ticket, the Building Inspector shall notify the chief elected official and appropriate Justice. The Building Inspector shall simultaneously file any information with the Justice to complete the appearance ticket procedure.
C. 
Duties of Building Inspector. For the purpose of this chapter, the Building Inspector shall have the following duties:
(1) 
To issue zoning permits in compliance with the provisions of this chapter.
(2) 
Upon finding that any provision of this chapter is being violated, to notify, in writing, the person responsible for such violation and the action necessary to correct said violation.
(3) 
To order the discontinuance of illegal uses of land, buildings or structures.
(4) 
To order the removal of illegal buildings or structures or illegal additions or structural alterations.
(5) 
To order the discontinuance of any illegal work being done.
(6) 
To take any other action authorized by this chapter to assure compliance with or prevent violations of this chapter.
(7) 
To issue appearance tickets to violators and simultaneously file any information with the local Justice in event of a persistent violation.
(8) 
To submit a written monthly report to the Municipal Board describing and enumerating actions taken and permits issued under this chapter.

§ 119-68 Permits required.

A. 
Zoning permit.
(1) 
No building or structure shall be erected, reconstructed, moved, added to or enlarged, nor shall any use of buildings or land be established or changed, without a zoning permit issued by the Building Inspector in compliance with this chapter.
(2) 
Expiration of permits. If the work for which a zoning permit is issued has not begun within six months of the date of issuance, said permit shall expire. If the work for which a zoning permit has been issued has not been substantially completed within two years of the date of the permit, said permit shall expire.
B. 
Certificate of zoning compliance. A certificate of zoning compliance is required for any of the following:
(1) 
Occupancy and use of buildings hereafter erected, altered, moved or extended.
(2) 
Change in the use of an existing building.
(3) 
Occupancy and use of vacant land, except for any use consisting primarily of tilling the soil or similar customary agricultural use.

§ 119-69 Application procedure.

Applications for zoning permits and certificates of zoning compliance shall be submitted to the Building Inspector on forms provided by him. Such permits and certificates shall be issued only in conformance with all the provisions of this chapter.

§ 119-70 Contents of application.

A. 
Each application shall set forth the purpose for which the building is intended and shall be accompanied by a plot plan, scale drawings and/or sketches and descriptions of the lot, building dimensions or required yards and such other information as may lawfully be required by the Building Inspector, including the number of families, number of dwelling units and conditions existing on the lot.
B. 
The Building Inspector shall make or cause to have made an inspection of each building or lot for which a certificate of zoning compliance has been applied for before issuing such certificate.
C. 
The original copy of such plans and/or illustrative and explanatory material shall be filed at the Village Hall.

§ 119-71 Fees.

A. 
The following schedule of fees shall be effective with the enactment of this chapter. Fees shall be paid at the office of the Village Clerk upon the filing of an application. The schedule of fees shall be posted in the Municipal Hall and may be altered or amended by the Municipal Board.
(1) 
Fences, signs and small outbuildings, including certificate of compliance: $2.
(2) 
Other zoning permits: $5.
(3) 
Certificate of zoning compliance: $2.
(4) 
Appeals for a variance: $10.
(5) 
Application for special permit: $10.
(6) 
Application for zoning change: $30.
B. 
Fees are not refundable.
C. 
No action will be taken on any application or appeal until applicable fees have been paid.

§ 119-72 Board of Appeals.

A. 
Appointment.
(1) 
The Mayor shall provide for the appointment of a Board of Appeals consisting of three or five members, one of whom shall be appointed Chairman by the Mayor for a period of three years. The first appointments of members thereto shall be for terms so fixed that at least one will expire at the end of each official year commencing at the end of the current such year and continuing in succeeding years until the entire original appointments run out. At the expiration of each original appointment, the succeeding members shall be appointed for three-year terms in the case of a three-member Board, and five-year terms in the case of a five-member Board. No such term shall exceed five years. Vacancies shall be filled for the unexpired term of the member whose place has become vacant.
[Amended 4-3-1989 by L.L. No. 4-1989; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2) 
No person who is a member of the Village Board of Trustees shall be eligible for membership on such Board of Appeals.
(3) 
The Mayor shall have the power to remove any member of the Board for cause and after public hearing.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Meetings. All meetings of the Board of Appeals shall be held at the call of the Chairman and at such other times as such Board may determine. Such Chairman or, in his absence, the Deputy Chairman, who shall also be appointed by the Board of Trustees, may administer oaths and compel the attendance of witnesses. All meetings of such Board shall be open to the public.
C. 
Minutes. Such Board shall keep minutes of its proceedings, showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions. Every rule and regulation and every amendment or repeal thereof, and every order, requirement, decision or determination of the Board, shall be filed in the office of the Board and with the Village Clerk within five days and shall be a public record.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D. 
Powers and duties. The Board of Appeals shall have all the powers and duties as prescribed by the Village Law of the State of New York and by this chapter, which are more particularly specified as follows:
(1) 
Administrative review. To hear and decide appeals from and review any order, requirement, decision or determination made by an administrative official charged with the enforcement of this chapter. The concurring vote of a majority of the Board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter.
(2) 
Referrals. To hear and decide all matters referred to it upon which it is required to pass under this chapter.
(3) 
Interpretation. To decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any zoning district boundary in case of uncertainty with respect thereto.
(4) 
Variances. To authorize, upon appeals in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest according to standards specified herein.
E. 
Staff. The Board of Appeals may employ such staff assistance as may be necessary and prescribe their duties, provided that at no time shall expenses be incurred beyond the amount of the appropriations made by the Municipal Board for such use and then available for that purpose.
F. 
Procedure; bylaws; forms. The Board of Appeals shall have the power to make and adopt such written rules of procedure, bylaws and forms as it may deem necessary for the proper execution of its duties and to secure the intent of this chapter.
G. 
Board of Appeals office. The office of the Municipal Clerk shall be the office of the Board of Appeals, and every rule, regulation, amendment or repeal thereof, and every order, requirement, decision or determination of the Board, shall be filed in said office within five days.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
H. 
Stay of proceedings. An appeal stays all proceedings in the furtherance of the action appealed from unless the Building Inspector certifies that, by reason of facts, a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or a court of record on an application, on notice to the Building Inspector and due cause shown.

§ 119-73 Procedure for application for variance.

A. 
Procedure. The Board of Appeals shall act in strict accordance with the procedure specified by this chapter. All appeals and applications made to the Board shall be in writing, on forms prescribed by the Board, and available from the Building Inspector. Every appeal or application shall refer to the specific provision of this chapter involved and shall exactly set forth the interpretation that is claimed, the use for which the variance is sought, or the details of the variance that is applied for, and the grounds as the case may be.
B. 
Notice of Board of Appeals hearings. The Board shall fix a reasonable time for the hearing of appeals and shall give due notice of the time set for the hearing to the applicant. Appeals shall be decided within 62 days of the final hearing. Notice shall be by the publication of a notice in the official newspaper of the municipality and shall briefly describe the nature of the appeal and the time and place of the hearing.
(1) 
Public hearing. Notice shall be given at least 10 days in advance of public hearing. The owner of the property for which the variance is sought or his agent shall be notified by mail. Notice of such hearings shall be posted on the property for which the variance is sought, at the Municipal Hall and in one other public place at least 10 days prior to the public hearing. Any party may appear in person or by agent or attorney.
(2) 
The Board of Appeals shall make a finding as is empowered under the section of this chapter described in the application, to grant the variance, provided that the granting of the variance will not adversely affect the public interest.

§ 119-74 Standards for granting of variance.

A. 
No variance in the strict application of this chapter shall be granted by the Board of Appeals unless and until it finds each of the following facts and conditions exist:
(1) 
That there are unique physical conditions, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographic or other physical conditions peculiar to and inherent in the particular zoning lot; and that, as a result of such unique physical conditions, difficulties or unnecessary hardship arises in complying strictly with the use of bulk provisions herein; and that the alleged practical difficulties or unnecessary hardship are not applicable generally to other land or structures in the same district.
(2) 
That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter.
(3) 
That the special conditions and circumstances do not result from the actions of the applicant.
(4) 
That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures or buildings in the same district.
(5) 
That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the affected property is located nor substantially or permanently impair the appropriate use or development of adjacent property nor be detrimental to the public welfare.
(6) 
That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modifications possible of the regulations involved.
B. 
In no case shall a variance be granted solely for the reason of additional financial gain on the part of the applicant or owner of the land or building involved.
C. 
In granting any variance, the Board may require such reasonable conditions and safeguards as it may deem necessary to implement the purpose of this chapter.
D. 
No nonconforming use of neighboring lands, structures or buildings in the same district, and no permitted or nonconforming use of lands, structures or buildings in other districts, shall be considered grounds for the issuance of a variance.
E. 
Under no circumstances shall a variance be granted to allow a use not permitted in the district involved or any use expressly or by implication prohibited in said district.
F. 
No variance application shall be accepted for an existing building, fence, or structure of any type.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 119-75 Expiration of variance.

Any variance authorized by the Board which is not exercised within one year from the date of issuance shall expire automatically without a further hearing by the Board.

§ 119-76 Site plan review.

[Amended 4-3-1989 by L.L. No. 4-1989; 5-7-2012 by L.L. No. 2-2012; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
In accordance with §§ 7-725-a and 7-725-b of the Village Law, the Planning Board is hereby granted the authority to review, approve, disapprove or approve with modification site plans prior to the issuance of a special permit in any district or any permitted principal use in the Industrial, General Commercial or Central Business Districts. In conducting such review, the Planning Board shall require compliance with the following standards and procedures.
A. 
Application for site plan approval. An application for site plan approval shall be made in writing to the Building Inspector and shall be accompanied by information drawn from the following checklist:
(1) 
Site plan checklist:
(a) 
An area map showing the parcel under consideration for site review and all properties, subdivisions, streets and easements within 200 feet of the boundaries thereof.
(b) 
A map of site topography at no more than five-foot contour intervals. If general site grades have susceptibility to erosion, flooding or ponding, contour intervals of not more than two feet of elevation should also be provided.
(c) 
Title of drawing, including name and address of applicant and person responsible for preparation of such drawing.
(d) 
North arrow, scale and date.
(e) 
Boundaries of the property plotted to scale.
(f) 
Existing watercourses.
(g) 
Location, proposed use and height of all buildings.
(h) 
Grading and drainage plan, showing existing and proposed contours.
(i) 
Location, design and construction materials of all parking and truck loading areas, showing access and egress.
(j) 
Provision for pedestrian access.
(k) 
Location of outdoor storage, if any.
(l) 
Location, design and construction materials of all existing or proposed site improvements, including drains, culverts, retaining walls and fences.
(m) 
Description of the method of sewage disposal and location, design construction materials of such facilities.
(n) 
Description of the method of securing public water and the location, design and construction materials of such facilities.
(o) 
Location of fire and other emergency zones, including the location of fire hydrants.
(p) 
Location, design and construction materials of all energy distribution facilities, including electric and gas.
(q) 
Location, size, design and construction materials of all proposed signs.
(r) 
Location and proposed development of all buffer areas, including existing vegetative cover.
(s) 
Location and design of outdoor lighting facilities.
(t) 
Designation of the amount of building area proposed for retail sales or similar commercial activity.
(u) 
General landscaping plan and planting schedule.
(v) 
Other elements integral to the proposed development as considered necessary by the Planning Board, including identification of any state or county permits required for the project's execution.
(2) 
The applicable required fee shall be as set forth from time to time by resolution of the Board of Trustees.
B. 
Planning Board review of site plan. The Planning Board's review of a site plan shall include, as appropriate, but is not limited to the following:
(1) 
General considerations.
(a) 
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road width, pavement surfaces, dividers and traffic control.
(b) 
Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections, with vehicular traffic and overall pedestrian convenience.
(c) 
Location, arrangement, appearance and sufficiency of off-street parking and loading.
(d) 
Location, arrangement, size, design and general site compatibility of buildings, lighting and signs.
(e) 
Adequacy of stormwater and drainage facilities.
(f) 
Adequacy of water supply and sewage disposal facilities.
(g) 
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise buffer between applicants and adjoining lands, including the maximum retention of existing vegetation.
(h) 
In the case of an apartment complex or other multiple dwelling, the adequacy of usable open space for play areas and informal recreation.
(i) 
Protection of adjacent or neighboring properties against noise, glare, unsightliness or other objectionable features.
(j) 
Adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
(k) 
Special attention to the adequacy of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
(2) 
Consultant review. The Planning Board may consult with the Village Building Inspector, Fire Commissioners, County Planning Board, other local and county officials and its designated consultants, in addition to representatives of federal and state agencies, including but not limited to the Soil Conservation Service, the State Department of Transportation and the State Department of Environmental Conservation.
(3) 
Public hearing. The Planning Board shall conduct a public hearing on the site plan. The date of the public hearing shall be within 62 days of the receipt of the application for the site plan approval and shall be advertised in the official newspaper of general circulation in the Village at least 10 days before the public hearing.
C. 
Planning Board action on site plan.
(1) 
The Planning Board shall render a decision within 62 days after the public hearing on the site plan. If no decision is made within 62 days after the public hearing, the site plan shall be considered approved.
(2) 
The Planning Board's action shall be in the form of a written statement to the applicant stating whether or not the site plan is approved, disapproved or approved with modifications. If the site plan is disapproved, the Planning Board's statements will contain the reasons for such findings.
(3) 
In the case of disapproval, the Planning Board may recommend further study of the site plan and resubmission to the Planning Board after it has been revised or redesigned. Failure of the applicant to make any required modification will result in the disapproval of site plan application.
D. 
Reimbursable costs. Costs incurred by the Planning Board for consultation fees or other extraordinary expenses in connection with the review of a site plan shall be charged to the applicant.
E. 
Inspection of improvements. The Building Inspector shall be responsible for the overall inspection of site improvement, including coordination with other officials and agencies, as appropriate.
F. 
Integration of procedures. Whenever the particular circumstance of a proposed development requires compliance with either the requirements of the subdivision regulations, state environmental quality review or other requirements, the Planning Board shall attempt to integrate, as appropriate, site plan review as required by this section with the procedural and submission requirements for such other compliance.

§ 119-77 County and state referrals.

As provided in Article 12-B, § 239-m, of the General Municipal Law, before final action on amendments, special permits or variances, referrals shall be made as follows:
A. 
Any action which would affect the regulations applying to property within 500 feet of any city, town or Village or of the boundary of any existing or proposed county or state park or other recreation area, or of the right-of-way of any existing or proposed county or state parkway, thruway, road or highway, or of the existing or proposed county or for which the county has established channel lines, or of the existing or proposed boundary of any county- or state-owned land on which a public building or institution is located.
B. 
Within 30 days after receipt of a full statement of such referred matter, the referral agency shall report its recommendation thereon to the municipal agency with the reasons for such recommendation. If such agency fails to report within 30 days or such longer period as may have been agreed upon, the municipal body having jurisdiction may act without such report.
C. 
If the referral agency disapproves the proposal or recommends modification thereof, the municipal agency having jurisdiction shall not act contrary to such disapproval or recommendation, except by a vote of a majority plus one of all members thereof and after the adoption of a resolution fully setting forth the reasons for such contrary action.
D. 
Within seven days after final action, the municipal agency having jurisdiction on the recommendations, modification or disapproval of a referred matter shall file a report of the final action it has taken with the agency which made the recommendation, modification or disapproval.

§ 119-77.1 Notice to adjoining municipalities.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Where required, notice will be provided to adjoining municipalities pursuant to General Municipal Law § 239-nn.

§ 119-78 Expiration of special use permit.

A special permit shall be deemed to authorize only one particular special use and shall expire if the special use shall cease for more than nine months for any reason.

§ 119-79 Existing violations.

No special use permit shall be issued for a property where there is an existing violation of this chapter.