Cedarhurst City Zoning Code
ARTICLE III
Administration, Amendment and Enforcement
§ 265-16 Applications for permits.
All applications for building permits must be submitted in duplicate to the Building Official. They must be in writing and must consist of the following papers, which will in no case be returned to the applicant:
A.
Request for permit. Request for the issuance of a building permit in accordance with the plans and specifications accompanying the same.
B.
Building plans. A complete set of plans for the building drawn to an indicated scale.
C.
Building specifications. A complete set of specifications for the building.
D.
Provision for sewage disposal. A complete set of plans and specifications for sewage disposal, including the location of the proposed units.
E.
Plot plan. A plot plan, drawn to an indicated scale, showing the exact size, shape and location of the proposed building, together with the boundaries of the lot upon which it is proposed to be located. The area of the lot and the area of the proposed building, the dimensions of the lot and all distances necessary to determine the size of front, side and rear yards and the percentage of the lot to be occupied must be clearly indicated.
F.
Evidence of lot ownership. An affidavit or certificate of ownership of the lot, stating the name of the owner and record of the lot.
G.
Affidavit as to use. An affidavit of the owner or applicant stating the use or uses for which the proposed building is designed and for which it is to be used.
H.
Proof of applicant's authority. If the applicant is not the owner of record, proof must be presented showing the authority of the applicant to apply for the permit and to make the affidavits or certificates hereinbefore required.
§ 265-17 Amendment by Board of Trustees.
The Board of Trustees may, from time to time on its own motion and in accordance with the provisions of the Village Law, amend, supplement, change, modify or repeal the regulations, restrictions and boundaries herein established or any part thereof.
§ 265-18 Petition for change of zoning classification; fee required. [1]
Any person, firm or corporation being the owner of any real property within the Village of Cedarhurst who or which desires to change the zoning classification of such real property may file a petition therefor to the Board of Trustees which shall hold a public hearing upon such petition. Such petition shall supply the details required by the Building Official and the Village counsel, shall be accompanied by such surveys, sketches or other exhibits as the Building Official and Village counsel may require and a filing fee, as set by the Board of Trustees by resolution of a majority vote of its members present at a Board meeting,[2] which shall not be returnable any time after the petition is filed.
§ 265-19 Interpretation and application of provisions.
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirement adopted for the promotion of the public health, safety, comfort, convenience and general welfare. It is not intended by this chapter to repeal, abrogate, annul or in any way to impair or interfere with any existing provisions of law or ordinance or any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to law relating to the use of buildings or premises; provided however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or requires larger yards, courts or other spaces than are imposed or required by such existing provisions of law or ordinance or by such rules, regulations or permits, the provisions of this chapter shall control.
§ 265-20 Discontinuance.
[Amended 6-14-1976 by L.L. No. 6-1976; 10-6-1997 by L.L. No. 9-1997]
Whenever a nonconforming use of a building, land or structure has been discontinued for a period of not less than six months, it shall be deemed to have been abandoned and it shall not thereafter be reestablished and the future use of the land, building or structure shall be in conformity with the permitted uses.
§ 265-21 Building permit required.
No building shall be erected or extended or structurally altered, until the Building Official has certified that the proposed building or alteration complies with the provisions of this chapter and until a building permit has been issued therefor by the Board of Trustees in accordance with the provisions of this chapter.
§ 265-22 Certificate of occupancy.
[Amended 10-6-1997 by L.L. No. 9-1997]
It shall be unlawful to use or permit the use of any building or premises or part thereof hereafter erected, changed, converted, altered or enlarged wholly or partly in its use or structure, until the Building Official has certified that such building or premises comply with the building permit granted therefor and until a certificate of occupancy has been issued therefor by the Board of Trustees in accordance with the provisions of this chapter.[1]
[1]
Editor's Note: Former Sections 18-27, Penalties, and 18-28, Other Remedies, were deleted 1-6-1986 by L.L. No. 3-1986.
§ 265-23 Enclosure of preexisting covered porches.
[Added 3-6-1989 by L.L. No. 5-1989]
Any residence constructed prior to the original building code ordinance (1-14-1941) which contains a covered (roofed) porch, and which violates the setback requirements of said building code and which is either sought to be enclosed or was enclosed after said date may be approved by the Superintendent of the Building Department and a certificate of compliance may be issued, upon the filing of plans and payment of all required fees, provided that said structure otherwise complies with the New York State Uniform Fire Prevention and Building Code.
§ 265-24 Board of Trustees acting as Planning Board.
[Amended 8-2-1993 by L.L. No. 10-1993; 10-6-1997 by L.L. No. 9-1997; 5-2-2005 by L.L. No. 3-2005]
A.
Except as elsewhere provided in this article, the Board of Trustees shall perform all of the functions delegated to a Planning Board as described in Article 7 of the Village Law of the State of New York.
B.
The Mayor shall serve as Chairperson of the Board of Trustees, when acting in its capacity as a Planning Board, and the Deputy Mayor shall serve as Chairperson in the absence of the Chairperson.
C.
The members of the Board of Trustees, when acting as a Planning Board, shall receive, as may be fixed and/or provided by the Board of Trustees by resolution, from time to time, expenses, if any, including the employment and/or hiring of experts, clerks and a secretary and to pay for its services and to provide for such other expenses as it may deem proper, within the limitations and appropriations that may be made therefor, if any, by the Village Board of Trustees; and requirements for the members of the Board of Trustees, in its capacity as a Planning Board, to complete training and/or continuing education courses in accordance with any requirements that may, from time to time, be established and/or set by the Village Board of Trustees by resolution.
D.
All meetings of the Board of Trustees, in its capacity as a Planning Board, shall be held at the call of the Chairperson and at such other times as a majority of the Board, as constituted, may determine. The Chairperson or, in his or her absence, the Acting Chairperson may administer oaths and compel the attendance of witnesses. The Board of Trustees, when acting as a Planning Board, may enact regulations relating to any subject matter over which it has jurisdiction in such capacity, as hereinafter provided, and any recommendation which may be adopted by said Board of Trustees shall be by a local law.
E.
The Board of Trustees, in its capacity as a Planning Board, shall report on matters which may, from time to time, be referred to such Planning Board by the Board of Trustees, by resolution, all such referred matters to be only those matters which such Planning Board may entertain pursuant to Article 7 of the Village Law of the State of New York.
§ 265-24.1 Fees and deposits.
[Added 4-1-2002 by L.L. No. 3-2002; amended 7-1-2002 by L.L. No. 6-2002; 5-2-2005 by L.L. No. 4-2005]
A.
Every application for the approval of a subdivision, a merger, a partitioning, a site plan, a special use permit or a special exception to be heard by the Board of Trustees in its capacity as a Planning Board shall be on such forms as approved by the Board and shall he accompanied by a nonrefundable fee, which the applicant shall pay to the Village Clerk or Village Clerk-Treasurer. This fee shall be set by resolution of a majority vote of the members of the Board of Trustees present at a Board meeting and shall be in addition to any other fees to effectuate such approval of such subdivision, merger, partitioning, site plan, special use permit or special exception.
B.
Each applicant shall be liable for and shall pay to the Village Clerk or Village Clerk-Treasurer actual costs that may be incurred by the Village in processing the application and hearings for the following:
(1)
Advertising.
(2)
Stenographic minutes of hearings and meetings.
(3)
Engineering costs.
(4)
Inspection costs.
(5)
Legal fees for the Village Attorney or for special counsel to the Village.
(6)
Consultants and/or experts.
(7)
Recording fees.
(8)
Planning, traffic, environmental or other specialized studies.
C.
Deposits.
(1)
Except in appeals or applications affecting properties located in R-1 and R-2 Districts, wherein residential use thereof is in effect and unchanged by the appeal or application, the applicant shall deposit the sum of $1,000 with the Village Clerk or Village Clerk-Treasurer at the time of submission of an application to the Board of Trustees, in its capacity as a Planning Board, or upon the submission of an application for a subdivision, merger, partitioning, site plan, special exception or special use permit to the Building Superintendent. Such sum shall be applied to the actual costs set forth in Subsection B herein for which the applicant is liable, and in the event that said sum shall be insufficient or become fully expended, the applicant shall deposit such additional sums from time to time as may be demanded by the Village, which sums shall be paid within five days.
(2)
The Village shall so notify the applicant of such demand and shall provide to the applicant an itemized statement of the costs incurred, and known costs to be incurred, at the address or location for the applicant contained in the application.
(3)
The failure to pay any such additional sums shall be grounds, among any other remedies that the Village may have, for suspending or taking no action on any such appeal, application, hearing or decision, until such payment is received and collected.
(4)
Notwithstanding any of the foregoing, the failure to pay such additional sums, from time to time, as may be demanded by the Village, within 20 days of the date of the demand shall be grounds for dismissal of such appeal or application.
(5)
The amount by which the total deposits and payments exceeds the costs for which the applicant is liable shall be refunded to the applicant by the Village.
§ 265-24.2 Meetings; rules; notices.
[Added 5-1-2006 by L.L. No. 12-2006]
A.
All meetings of the Board of Trustees, acting as a Planning Board, except for executive session, shall be public. A quorum shall consist of three members. The concurring vote of a majority of the members present shall be necessary for a decision, except that a unanimous vote shall be necessary to render a resolution or decision contrary to or modifying a resolution of the Nassau County Planning Commission.
B.
The Board shall have power from time to time to make rules as to the manner of submitting applications for relief pertaining to those matters which a Planning Board may entertain pursuant to Article 7 of the Village Law of the State of New York or this chapter and be otherwise bound by the provisions of the Village Law. Existing rules are continued until repealed or amended.
C.
Prior to public hearings held by the Board of Trustees acting as a Planning Board, an applicant shall serve all property owners within 200 feet of the applicant's property with written notices of said public hearing by personal delivery or by certified mail, return receipt requested, at least 10 days and no more than 21 days before the date scheduled for the public hearing, shall have said notice published in a local newspaper of record no more than 10 days and not less than five days prior to said public hearing, and the applicant shall file with the Village Clerk certification of service and publication of said notice showing compliance with this subsection.