Ellicott Town City Zoning Code
ARTICLE XIV
Administration
§ 146-73 Board of Appeals.
[Amended 8-21-1985 by L.L. No. 4-1985; 9-5-1990 by L.L. No. 2-1990; 3-7-2002 by L.L. No. 1-2002]
A Board of Appeals is hereby established, which shall have all the powers and shall perform all the duties as are provided for by law and by the provisions of this chapter. The Board of Appeals shall consist of five members and two alternates, appointed by the Town Board, which shall also designate the Chairman thereof. The Board of Appeals shall be appointed as of the effective date of this section as follows: The Town Board shall appoint four members, one each for the terms of one, two, three and four years and the chairperson for a term of five years, alternates, one each for the term of one and two years. Terms shall run from January 1 through December 31. Their successors shall be appointed for terms of five years from any and after the expiration of the terms of their predecessors in office. If a vacancy shall occur otherwise than by expiration of a term, it shall be filled by appointment for the unexpired term.
[Amended 1-15-2018 by L.L. No. 1-2018]
Powers and duties. The Zoning Board of Appeals shall be given the powers and duties to act in accordance with the New York State Town Law, as amended from time to time, and, in addition thereto, other powers and duties as set forth in this chapter.
Rules and regulations. The Board of Appeals is hereby authorized to establish rules and regulations not inconsistent with this chapter or the statutes authorizing the same and may modify, amend or repeal such rules. Every such rule, regulation, amendment or repeal thereof shall be filed in the office of the Town Clerk and shall be a public record.
Appeals. The Board of Appeals shall hear and determine all appeals from and review any order, requirement, decision or determination made by the Building Inspector and may affirm, reverse or modify any such order or decision. It shall decide any question 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. It shall also hear and determine all matters referred to it or upon which it is required to pass pursuant to the provisions of this chapter, including but not limited to any application for a special use permit. The concurring vote of a majority of the full membership of the Board shall be necessary for any decision.
§ 146-74 Building Inspector.
Appointment. The Town Board shall appoint a Building Inspector who shall be charged with the general and executive administration of this chapter. The term of office of the Building Inspector shall be for two years commencing on the first day of January succeeding the biennial Town election. The Town Board shall fix the salary or remuneration of such officer and shall provide for the payment thereof.
Duties and powers.
[Amended 3-7-2002 by L.L. No. 1-2002]
The Building Inspector shall be the enforcement officer and shall be in charge of the enforcement of this chapter and shall perform all the duties and shall have all the powers as provided by the provisions of the New York State Town Law. In addition thereto, the Building Inspector shall have and exercise all the powers and duties provided in Article 8 of the Multiple Residence Law and Article 18 of the Executive Law of the State of New York with reference to the enforcement of the provisions of the New York State Uniform Fire Prevention and Building Code as amended, modified or renumbered.
The Building Inspector shall also monitor and supervise junk dealers under the provisions of Article 6 of the General Business Law and the provisions of § 136 of the General Municipal Law of the State of New York entitled "Regulation of automobile junk yards" and shall be authorized to enforce the provisions thereof.
§ 146-75 Planning functions of the Zoning Board of Appeals.
[Amended 11-17-1976 by L.L. No. 3-1976; 3-7-2002 by L.L. No. 1-2002; 1-15-2018 by L.L. No. 1-2018]
Powers and duties. The Zoning Board of Appeals shall have and exercise the powers and duties as set forth in the New York State Town Law and, in addition thereto, the powers and duties as follows:
To prepare and change a Master Plan for the development of the entire area of the Town of Ellicott outside of the limits of the Incorporated Villages of Falconer and Celoron, to make investigations and reports relating to the planning of the Town and its future growth and affording adequate facilities for the housing, transportation, distribution, comfort, convenience, safety, health and welfare of its population.
To approve all plats showing any streets or highways within that part of the Town outside the limits of the Incorporated Villages of Falconer and Celoron.
To approve or disapprove changes in the lines of existing streets, highways or public areas shown on subdivision plats or maps filed in the County Clerk's office.
To approve or disapprove the laying out of, closing off or abandonment of such streets, highways or public areas under and subject to the provisions of the Town Law and Highway Law.
The Zoning Board of Appeals shall also exercise all other powers conferred upon it by the provisions of the Town Law and shall pass upon all matters which may be referred to it from time to time by resolution of the Town Board. It shall conduct hearings and perform its duties in accordance with such procedure as provided in §§ 272 through 282, inclusive, of the Town Law, and acts amendatory thereof.
In addition to the powers and duties of the Zoning Board of Appeals as provided in this article, the Zoning Board of Appeals shall be and it hereby is authorized and empowered to pass upon and approve the development of any plat or plats with that part of the Town outside the Incorporated Villages of Falconer and Celoron, heretofore filed in the office of the County Clerk of the County of Chautauqua, if such plat or plats are entirely or partially undeveloped, and in respect thereto, shall have and exercise such powers and duties as provided in §§ 276 and 277 of the Town Law, and acts amendatory thereof.
§ 146-76 Permits and penalties.
[Amended 5-16-1979 by L.L. No. 2-1979; 9-5-1990 by L.L. No. 2-1990; 4-15-1992; 1-7-1998 by L.L. No. 3-1998; 10-7-1998 by L.L. No. 6-1998; 4-26-2000 by L.L. No. 3-2000; 3-7-2002 by L.L. No. 1-2002]
Permits for use. No person, association or corporation shall hereafter erect, structurally alter, change, reconstruct, move or demolish or change the use or purpose of any building or structure within the Town of Ellicott, nor shall any premises within the Town of Ellicott be used except where the use has been established until a permit therefor shall have been issued.
Permits for occupancy.
Upon the completion of any structure erected, structurally altered, reconstructed or changed within any residential district, such structure shall not be occupied, nor shall such premises be used until a permit of occupancy shall have been issued by the Building Inspector, except where the use has been previously established.
Such permit for occupancy shall not be issued unless the applicant has fully complied with the terms and conditions of the permit previously issued for such construction, alteration or change, and unless the purposes for which such structure or premises are to be used are the same as stated in such application for permit and in conformity with the provisions of this chapter.
Application for permits. Applications for permits prescribed under the provisions of this chapter shall be presented to the Building Inspector. Such application shall contain sufficient information to enable the Building Inspector to determine the design, site purposes and bearings of the proposed structure or changes therein and shall be accompanied by a map or plan thereof, and such other information as shall be required pursuant to the rules and regulations of the Board of Appeals. The Building Inspector shall make and file his decision upon such application within 10 days after its receipt.
Enforcement. It shall be the duty of the Town Board, or such officials authorized by it, to enforce the provisions of this chapter, or of any determination of the Building Inspector or Board of Appeals.
Violations. It shall be unlawful for any person, firm or corporation to construct, alter, repair, move or remove, demolish, equip, use, occupy or maintain any building or structure or portion thereof, in violation of any provision of this chapter or to fail in any manner to comply with a notice, directive or order of the Building Inspector, or to construct, alter or use and occupy any building or structure or part thereof in a manner not permitted by an approved permit or certificate of occupancy.
Penalties.
Any person who fails to comply with any provision of this chapter or fails to comply with any notice, order or directive of the Building Inspector or his/her representative after expiration of the time for compliance established in accordance with this chapter shall, upon conviction, be punished by a fine of not more than $1,000 or by imprisonment not to exceed one year, or both, for such violation. In the event of any failure to so comply, each and every day that such violation continues shall constitute a separate offense, and the penalties prescribed above shall be applicable to each such separate offense.
An action or proceeding in the name of the Town of Ellicott may be commenced in any court of competent jurisdiction to compel compliance with, or restrain, by injunction, the violation of, the New York State Uniform Fire and Building Code, this chapter, rules and regulations adopted pursuant to this chapter, or a violation order, or to vacate the occupancy or building in the case of imminent danger to the life of property. Such remedy shall be in addition to penalties otherwise prescribed by law.
Abatement of violation. Appropriate actions and proceedings may be taken at law or in equity to prevent unlawful construction or to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises, or to prevent illegal acts or conduct of business in or about any premises; and these remedies shall be in addition to the penalties prescribed in this preceding section.
Time limitation of permits. Any permit issued by the Building Inspector or by the Board of Appeals for any new construction or alteration of any structure shall indicate thereon the expiration date thereof, not to exceed one year from the date of issuance. Such time limitation may be extended by the Board of Appeals after public hearing upon a showing of reasonable grounds for such extension and upon such terms and conditions as the Board shall approve.
Fees.
[Amended 6-2-2003 by L.L. No. 1-2003; 8-6-2012 by L.L. No. 1-2012]; 4-18-2016 by L.L. No. 1-2016]
A schedule of fees to be charged by the Town of Ellicott Building Inspector in relation to his duties under § 146-76 shall be established by the Town Council of the Town of Ellicott. Such fee schedule shall replace all previously adopted fees and may thereafter be amended from time to time by resolution. The fees set forth in, or determined in accordance with, such fee schedule or amended fee schedule shall be charged and collected for the submission of applications, the issuance of building permits, amended building permits, renewed building permits, certificates of occupancy, certificates of compliance, temporary certificates, operating permits, firesafety and property management inspections, Zoning Board of Appeals functions, Zoning Board of Appeals functions and other actions of the Building Inspector described in or contemplated by this chapter. All fees shall be payable to the Town Clerk. Building permits, amended building permits, renewed building permits, certificates of occupancy, certificates of compliance, temporary certificates and operating permits shall not be valid until all fees have been paid to the Town Clerk.
[Amended 1-15-2018 by L.L. No. 1-2018]
By the adoption of a resolution by the Town Council of the Town of Ellicott, all fees contained in this chapter may be adjusted periodically. All fees shall be rounded off to the nearest whole dollar.
The Town of Ellicott Schedule of Fees may be obtained at the Town of Ellicott administrative offices and/or on the Town of Ellicott website: www.townofellicott.com.
Code violation fine structure. Failure to comply with any of the fees outlined in § 146-76I shall be as follows: a fine of 1 1/2 times the scheduled fee shall be imposed and paid directly to the Town of Ellicott. If an application fee is due, both the fine and the fee shall be paid simultaneously. If not paid within 30 days following the notice of violation, a court appearance ticket shall be issued. A copy of the Town Code and fee schedule may be obtained at the Town of Ellicott administrative offices and/or on the Town of Ellicott website: www.townofellicott.com.
[Added 4-18-2016 by L.L. No. 1-2016]
§ 146-77 Construal.
[Amended 9-5-1990 by L.L. No. 2-1990]
This article shall not be construed to supersede or limit the provisions of the State Building Construction Code, as to violations punishable under § 385 of the Executive Law of the State of New York; nor the provisions of the Multiple Residence Law, as to violations punishable under § 304 of the Multiple Residence Law of the State of New York, nor the provisions of the General Municipal Law, § 136, with reference to the regulation of automobile junkyards.
§ 146-78 Amendments.
[Amended 9-5-1990 by L.L. No. 2-1990]
The Town Board may, from time to time, on its own motion or on petition or on recommendation of the Zoning Board of Appeals, after public notice and hearing, amend the regulations and districts established under this chapter. All petitions for any amendment of the districts herein established shall be filed with the Town Clerk in writing, in a form required by the Town Board, and shall be accompanied by a certified check to the order of the Town of Ellicott in the amount of $500 to cover the cost of advertising the hearing on said petition and incidental disbursements.
[Amended 11-19-2007 by L.L. No. 1-2007; 1-15-2018 by L.L. No. 1-2018]
Every proposed amendment, unless initiated by the Zoning Board of Appeals, shall be referred to the Zoning Board of Appeals. The Zoning Board of Appeals shall report its recommendations thereon to the Town Board, accompanied by a full statement of the reasons for such recommendations. If the Zoning Board of Appeals fails to report within a period of 60 days of the date of the receipt of notice or such longer time as may have been agreed upon by it and the Town Board, the Town Board may act without such report.
[Amended 1-15-2018 by L.L. No. 1-2018]
The Town Board, by resolution, shall fix the time and place of the public hearing and cause notice to be given by publishing a notice of the proposed amendment and the time and place of the public hearing in the official newspaper of the Town of Ellicott as designated by the Town Board not less than 10 days prior to the date of the public hearing.
Wherever the owners of 50% or more of the frontage in any district or part thereof shall present a petition, duly signed and acknowledged, to the Town Board requesting an amendment, supplement, change or repeal of the regulations prescribed for such a district or part thereof, it shall be the duty of the Town Board to vote upon said petition within 90 days after the filing of such petition with the Town Clerk.
The above procedures will apply when the Federal Insurance Administration provides additional information to the Special Flood Hazard Area Maps originally issued. This more detailed information will include one-hundred-year-flood elevations and, finally, the boundaries of the floodways/floodway fringe areas.