Dansville City Zoning Code
ARTICLE II
Administration
§ 201 Enforcement.
[Amended 3-12-1985 by L.L. No. 4-1985]
The duties of administering and enforcing the provisions of this chapter are hereby conferred on the Code and Zoning Enforcement Officer who shall have such powers as are conferred upon him by this chapter and as reasonably may be implied. He shall be appointed annually by the Village Board and shall receive such compensation as the Village Board shall determine.
§ 202 Duties of Enforcement Officer.
A.
It shall be the duty of the Code and Zoning Enforcement Officer to notify the Village of Dansville Building Inspector and the Superintendent of Public Works of all zoning permit applications within 72 hours of their receipt.
[Amended 3-12-1985 by L.L. No. 4-1985; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
Where the Code and Zoning Enforcement Officer, in the course of his or her duties, determines that any plans, buildings or premises are in violation of the provisions of this chapter, he shall order the responsible party in writing to remedy such conditions. Said written order shall specify the nature of the violation found to exist, the remedy ordered and the time permitted for such action, the penalties and remedies which may be invoked by the Village and the violator's rights of appeal: all as provided for by this chapter.
C.
The Code and Zoning Enforcement Officer shall have the authority to secure from the appropriate Village Justice a stop order to constrain the continuance of the violation until the conditions of the violation have been remedied.
[Added 3-12-1985 by L.L. No. 4-1985]
D.
On the serving of the notice by the Code and Zoning Enforcement Officer to the owner of any violation of any provisions of the law, the certificate of occupancy for such building or use shall be held null and void. A new certificate of occupancy shall be required for any further use of such building or premises.
E.
The Code and Zoning Enforcement Officer shall maintain a permanent record of all matters considered and all actions taken by him. Such records shall form a part of the records of his office and shall be available for the use of the Village Board and other officials of the Village. The records to be maintained shall include at least the following:
(1)
Application file. An individual permanent file for each application for a permit provided for by this chapter shall be established at the time the application is made. Said file shall contain one copy of the application and all supporting documents, maps and plans, notations regarding pertinent dates and fees, and the like; as appropriate, one copy of the resolution of the Board of Appeals in acting on the application; and the date the permit applied for was issued or denied by the Code and Zoning Enforcement Officer.
(2)
Monthly report. The Code and Zoning Enforcement Officer shall prepare a monthly report for the Village Board. Said report shall cite all actions taken by the Code and Zoning Enforcement Officer including all referrals made by him; all permits and certificates issued and denied; and all complaints of violations received and all violations found by him, and the action taken by him consequent thereon. A copy of the monthly report shall also be transmitted by the Code and Zoning Enforcement Officer to the Tax Assessor, Planning Board and the Board of Appeals at the same time it is transmitted to the Village Board.
§ 203 Certificates and permits.
[Amended 3-12-1985 by L.L. No. 4-1985]
The certificates and permits enumerated herein are hereby established for the equitable enforcement and administration of the provisions of this chapter. A zoning permit or special use permit shall be a prerequisite to the erecting or altering of a building, structure, or use thereof. Building/use and special use permits issued pursuant to this section shall expire in one year unless the project is completed. If the project is not initiated within six months the permit issued shall be considered null and void. If the project is not completed in one year the applicant mat request an extension for a period of up to one year. The applicant shall justify the need for the proposed extension.
A.
Building and/or zoning permit. The Code and Zoning Enforcement Officer is hereby empowered to issue a zoning permit for any plans regarding the construction or alteration of any building or part of any building, or the change in the use of any land or building or part thereof, where he shall determine that such plans are not in violation of the provisions of this chapter.
B.
Special use permit. Upon written direction of the Board of Appeals, the Code and Zoning Enforcement Officer is hereby empowered to issue any special use permit provided for by this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
Certificate of occupancy. The Code and Zoning Enforcement Officer is hereby empowered to issue a certificate of occupancy for a new structure, or before an occupancy for an existing structure which has been structurally altered or removed, or has had a change in proposed use, which shall certify that all provisions of this chapter have been complied with in respect to the location and use of the building structure or premises in question and complies with the New York State Building and Fire Code Regulations.
§ 204 Application procedure.
A.
Procedures for a building and/or zoning permit.
[Amended 3-12-1985 by L.L. No. 4-1985; 3-14-1995 by L.L. No 1-1995]
(1)
All applications for zoning permits shall be made to the Code and Zoning Enforcement Officer in the detail specified in § 205 of this chapter. Where the proposed use is a farm-related or a single-family residential use in a residential or agricultural zone, the Code and Zoning Enforcement Officer shall carefully consider the application and supporting documents for compliance with this chapter and either issue or deny the zoning permit applied for. When the application is for any other use, including mobile home parks, in any zone, within seven days the Code and Zoning Enforcement Officer shall, prior to the issuance of any permit, refer one copy of such plans, drawings and statements to the Planning Board and one copy to the Village Engineer for their review and recommendations. The Planning Board shall determine that the proposed site plans and structures will compare favorably with community standards, other neighborhood improvements and the properly intended and planned appearance throughout any street or neighborhood. When applicable, the Planning Board shall request recommendations and/or a review of said application by the Village of Dansville Building Inspector and/or Superintendent of Public Works. The Planning Board may require that a bond be posted for possible damage to Village property along the road or roads of construction-related vehicles to and from the building site.
(2)
The Planning Board shall, within 30 days after receipt of said material, approve or disapprove the proposed development or construction. In the event of disapproval, the reasons shall be stated clearly to the Code and Zoning Enforcement Officer in writing. The Code and Zoning Enforcement Officer shall deny a zoning permit for the proposed construction until such conditions as the disapproval is based upon have been corrected and written approval of the Planning Board is obtained. The absence of a reply from the Planning Board within the thirty-day period shall constitute approval and the Code and Zoning Enforcement Officer shall proceed on the basis of such approval.
B.
Special use permit. All applications for special use permits shall be made to the Code and Zoning Enforcement Officer. The Code and Zoning Enforcement Officer, after determining that an application is in the proper form, within seven days, shall transmit one copy of the application and all supporting documents to the Secretary of the Board of Appeals for referral to the Board for action thereon. At the same time, the Code and Zoning Enforcement Officer shall transmit one copy of the application and all supporting documents to the Planning Board for review of the site plan, and for an evaluation of the proposed use and its relationship and conformity to the goals and objectives and policies established by the Village Comprehensive Plan.
[Amended 3-12-1985 by L.L. No. 4-1985; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]]
(1)
Within 30 days, the Planning Board shall review the application, then the Planning Board shall make a written report to the Board of Appeals setting forth its findings and recommendations concerning the application within seven days of its findings. In making its recommendations, the Planning Board may suggest any revisions to the site plan or other plans as will, in its opinion, cause the proposed use to be in substantial conformance with the Comprehensive Plan and its principles of land use and development.
(2)
Within 14 days of receipt of the recommendations of the Planning Board, the Board of Appeals shall conduct a public hearing on applications referred to it by the Code and Zoning Enforcement Officer in accordance with the procedures and requirements established elsewhere in this chapter. Within seven days from the date of such public hearing, the Board of Appeals shall by resolution either approve or disapprove the application so heard. In approving an application, the Board may impose only those modifications or conditions specified in this chapter to protect the health, safety or general welfare of the public.
(a)
If an application is approved by the Board of Appeals, the Code and Zoning Enforcement Officer shall be furnished with a copy of the approving resolution of the Board and he shall issue the permit applied for in accordance with the conditions imposed by the Board of Appeals.
(b)
If an application is disapproved by the Board of Appeals, the reasons for such denial shall be set forth in the Board's resolution and a copy of such resolution shall be transmitted to the Code and Zoning Enforcement Officer. The Code and Zoning Enforcement Officer shall deny the application accordingly by providing the applicant the applicant with a copy of the Board's reasons for disapproval.
(c)
The Code and Zoning Enforcement Officer shall transmit one copy of all approved or denied applications to the Planning Board and one copy of approved applications to the Tax Assessor.
C.
Procedures for a certificate of compliance/occupancy.
[Added 3-12-1985 by L.L. No. 4-1985]
(1)
Following the completion of the construction, reconstruction, an increase in number of dwelling units in any structure or structural alteration of any building, but prior to its occupancy, the applicant shall transmit a written statement to the Code and Zoning Enforcement Officer stating that such construction has been completed and has been approved by the Village of Dansville Building Inspector and Superintendent of Public Works when required. In the event that all approvals have not previously been obtained, the Code and Zoning Enforcement Officer shall, within 72 hours, direct the appropriate Village Officers to complete the necessary inspections. Within 72 hours of the receipt of this notification, the Code and Zoning Enforcement Officer shall make all necessary inspections of the completed structure to determine compliance with this chapter. A certificate of occupancy shall be issued only if the Building Inspector finds that the construction and proposed use comply with all the requirements and provisions of this chapter and the New York State Building and Fire Code.
[Amended 3-14-1995 by L.L. No 1-1995]
(2)
A record shall be kept of all certificates of occupancy issued and original applications shall be kept on file in the same manner as application for all permits.
(3)
No owner, tenant or other person shall use or occupy any building or structure hereafter erected or altered use of which shall be changed after the passage of this chapter without first obtaining a certificate of occupancy, provided that a certificate of occupancy, once granted, shall continue in effect as long as there is no change of use regardless of any change in owner, tenant or occupancy.
(4)
Any person desiring the change of use of his premises shall submit a site plan to the Code and Zoning Enforcement Officer. Said site plan shall conform to the requirements of this chapter. The procedures in this section shall apply in consideration of a request for the issuance of a certificate of occupancy for a change in use and shall be transferred to the Planning Board for review and recommendation prior to issuance of a certificate of occupancy.
(5)
The Code and Zoning Enforcement Officer after determining that off-street parking and/or loading facilities required by this chapter are not being maintained in full compliance may revoke a certificate of occupancy issued for the building, structure or premises for which the off-street parking or loading facilities are required. The Code and Zoning Enforcement Officer may also revoke or withhold the certificate of occupancy if specific mandates of any one or more of the advisory boards of the Village of Dansville are not complied with.
(6)
The Code and Zoning Enforcement Officer may issue a certificate of occupancy (preexisting) acknowledging that a building was preexisting to the adoption of this chapter, and its present use has continued without change and, therefore, may be occupied and used for the same purpose.
§ 205 Application details.
Each application for a building and/or zoning permit, or special use permit shall be made in triplicate and with accompanying site plan. The materials to be submitted with each application shall clearly show the conditions on the site at the time of application, the features of the site which are to be incorporated into the proposed use or building, and the appearance and function of the proposed use or building. As a minimum, the application shall include the following information and plans for both "before" and "after" conditions:
A.
The location, use, design and dimensions and height of each use and building.
B.
The location and arrangement of vehicular accessways, and the location, size and capacity of all areas used for off-street parking, loading and unloading.
C.
The location and dimensions of sidewalks, walkways and other areas established for pedestrian use.
D.
The design and treatment of open areas, buffer area and screening devices maintained, including dimensions of all areas devoted to lawns, trees and other landscaping devices.
E.
Provision for water supply, sewage disposal, storm drainage and solid waste collection and disposal including the location of dumpsters, if any.
[Amended 3-12-1985 by L.L. No. 4-1985]
F.
Property boundaries including the precise location of the center line of the road, dimensions, scale, North arrow, date, general location map and easements and deed restrictions, if applicable.
[Added 3-12-1985 by L.L. No. 4-1985]
G.
Physical features, including geodetic markings, existing swales, elevations, streams, wetlands and swamp areas, location of trees and a description of existing vegetation.
[Added 3-12-1985 by L.L. No. 4-1985]
H.
Location and type of lighting to be provided.
[Added 3-12-1985 by L.L. No. 4-1985]
I.
Proposed route or routes of construction-related vehicles to and from the building site.
[Added 3-12-1985 by L.L. No. 4-1985]
J.
Such other date and plans as the Code and Zoning Enforcement Officer, the Board of Appeals and the Planning Board may require to properly take action on the application.[1]
[Amended 3-12-1985 by L.L. No. 4-1985]
[1]
Editor's Note: The Zoning and Building Permit Fee Schedule, included as Appendix A by L.L. No. 4-1985, as amended, was deleted 5-8-2001 by L.L. No 3-2001 which also provided that any future changes to the schedule may be made by resolution. Fee changes are on file in the Village offices.