Clyde Village City Zoning Code
ARTICLE XII
Administration and Enforcement
§ 190-65 Enforcement.
The provisions of this chapter shall be enforced by the Code Enforcement Officer, who shall have the power to make inspections of buildings and premises necessary to carry out his or her duties in the enforcement of this chapter. The Code Enforcement Officer shall have all the powers and duties prescribed in Chapter 67, Construction Codes, Uniform, of the Code of the Village of Clyde, and subsequent amendments thereto.
§ 190-66 Building permits.
[Amended 1-9-1997 by L.L. No. 1-1997]
A.
Required.
(1)
No building or structure or part thereof shall be created, enlarged, demolished, structurally altered or remodeled, including any change, interior or exterior, in dimension, type of use or number or type of occupancy until a building permit has been issued by the Code Enforcement Officer pursuant to Chapter 67, Construction Code, Uniform, and subsequent amendments thereto.
(2)
The Code Enforcement Officer shall in no case grant any building permit for any building or structure which does not comply with the provisions of this chapter, and, where approval of the Planning Board or the Board of Appeals is required, said Officer shall grant a building permit only upon written order of such Board.
B.
Replacement or repair of existing structure.
[Added 8-22-2003 by L.L. No. 5-2003]
(1)
Any replacement or repair of an existing structure shall require a permit, including but not limited to the following:
(a)
Roofing and reroofing.
(b)
Siding.
(c)
Doors and windows, including new and replacement.
(d)
Gutters.
(e)
The part-for-part repair and replacement of mechanical equipment, including but not limited to furnaces, boilers, water heaters, central air conditioners, plumbing and electrical systems or fixtures.
(f)
Nonstructural alterations.
(2)
Where a building permit only includes the above types of work, and the total cost of such work is not more than $10,000, the fee for the permit shall be $5. Any change to a roof line shall be considered a structural alteration.
§ 190-67 Planning Board.
A.
General powers and duties.
(1)
The Planning Board shall have all powers, duties and functions prescribed by Article 7 of the Village Law of the State of New York.
(2)
Such Planning Board shall, consistent with the Village Law, determine its own rules and procedures, which shall be filed with the Village Clerk.
B.
Site plan review. Pursuant to § 7-725-a of the Village Law of New York State and subsequent amendments thereto, the Planning Board is hereby authorized to review, approve with modifications or disapprove site plans as provided in this chapter. Before making its decision concerning a site plan, the Planning Board shall review and make findings with respect to the general findings and criteria set forth in § 190-35.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).
C.
Special permits. Pursuant to § 7-725-b of the Village Law of New York State and subsequent amendments thereto, special permit uses as enumerated in this chapter shall be permitted only upon approval by the Planning Board, provided that such uses shall be found to comply with the requirements of this chapter. Before making its decision concerning a special permit use, the Planning Board shall review and make findings with respect to the general findings and specific criteria set forth in §§ 190-29 and 190-30.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).
D.
Conditions. In approving any request for a site plan or special permit use, the determination may be modified or conditioned to guarantee performance in any way deemed reasonable under the circumstances.
§ 190-68 Board of Appeals.
A.
Creation, appointment and organization.
(1)
A Zoning Board of Appeals, referred to herein as the "Board of Appeals" or "Board," is hereby created and its Chairman designated. Said Board shall consist of five members appointed by the Village Board in accordance with § 7-712 of the Village Law of New York State.
[Amended 10-18-1999 by L.L. No. 3-1999]
(2)
Such Board of Appeals shall, consistent with the Village Law, determine its own rules and procedure, and all of its deliberations, resolutions and orders shall be in accordance therewith.
B.
Powers and duties. The Board of Appeals shall have all the power and duties prescribed by the Village Law and by this chapter, which are more particularly specified as follows:
(1)
Interpretation. After public hearing upon appeal from a decision by an administrative official, to decide any questions 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)
Use and area variances. After public hearing upon appeal from a decision by an administrative official, to vary or modify the strict application of any of the requirements of this chapter in accordance with § 7-712-b of the Village of Law of New York State, including statute and case law applicable thereto.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).
C.
Procedure.
(1)
The Board of Appeals shall act in strict accordance with the procedure specified by law and by this chapter. All appeals and applications made to the Board shall be in writing, on forms prescribed by the Board. Every appeal or application shall refer to the specific provision of this chapter involved and shall exactly set forth the interpretation that is claimed 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.
(2)
Every decision of the Board of Appeals shall be by resolution, each of which shall constitute a full record of the findings of the Board in the particular case.
(3)
Such appeal must be made within 30 days after being served with the written decision of the Code Enforcement Officer, and such appeal is made by filing a notice of appeal specifying the grounds thereof on a form prescribed by the Board of Appeals; said notice of appeal filed by personal service upon the Village Clerk or Deputy Village Clerk of the Village of Clyde. The Board of Appeals shall hear and decide appeals from and review any order and requirement, decision or determination made by an administrative official charged with the enforcement of any provision of this chapter and/or any subsequent amendment thereto. The Village Clerk shall promptly transmit to the Board of Appeals all papers constituting the record upon which the action appealed from was taken.