Elmira Heights City Zoning Code
ARTICLE VI
Administration and Enforcement
§ 220-27 General procedure.
General sequence of steps.
Persons desiring to undertake any new construction, structural alteration or changes in the use of a building or lot shall apply to the Code Enforcement Officer for a zoning permit by filling out the appropriate application form and by submitting the required fee. The Code Enforcement Officer will either issue the zoning permit or will refuse the permit after any necessary review by the Zoning Board of Appeals, and the Code Enforcement Officer will indicate, in writing, the reason for refusal.
If refused a permit, the applicant may appeal to the Board of Appeals for further consideration. After the zoning permit has been received by the applicant, he or she may proceed to obtain other necessary permits and undertake the action permitted by the zoning permit and the other necessary permits and, upon completion of such action, shall apply to the Code Enforcement Officer for an occupancy permit where such a permit is required.
If the Code Enforcement Officer finds that the action of the applicant has been taken in accordance with the zoning permit, he or she will then issue an occupancy permit allowing the premises to be occupied.
Zoning permit types. Under the terms of this chapter, the following classes of zoning permits may be issued:
Permitted uses. A zoning permit for a permitted use may be issued by the Code Enforcement Officer on his or her own authority.
Special uses. A zoning permit for a special use may be issued by the Code Enforcement Officer upon the order of the Board of Appeals after a public hearing.
Zoning permit after an appeal or a request for a variance. A zoning permit may be issued by the Code Enforcement Officer upon the order of the Board of Appeals and after a public hearing held by the Board of Appeals for the purpose of deciding upon the appeal or a request for a variance.
§ 220-28 Zoning and occupancy permits; certificates of nonconforming use.
Applications for permits and certificates. All applications for zoning permits, occupancy permits or certificates of nonconforming use shall be in writing on forms to be furnished by the Code Enforcement Officer or by the office of the Village Clerk. Such applications shall include a plot plan drawn to scale showing the location and dimensions of the lot area and of the proposed uses of buildings and/or land. The Code Enforcement Officer or the Zoning Board of Appeals may require any additional information deemed necessary to properly evaluate the application for the purpose of determining its conformity with this chapter.
Zoning permits.
The purpose of the zoning permit is to determine compliance with the provisions of this chapter, and no person shall erect, alter or convert any structure, building or part thereof nor alter the use of any land subsequent to the adoption of this chapter until a zoning permit has been issued by the Code Enforcement Officer.
Zoning permits shall be issued in duplicate, and one copy shall be kept conspicuously on the premises, and no person shall perform building operations of any kind unless a zoning permit is being displayed as required by this chapter.
Permits granted for uses of a temporary or seasonal nature may be limited to the appropriate length of time.
The Code Enforcement Officer or the Board of Appeals may revoke a zoning permit at any time if it appears that the application is, in any material respect, false or misleading or that work being done upon the premises differs materially from that called for in the application.
No zoning permit shall be issued except on written order of the Board of Appeals where the proposed construction, alteration or use would be in violation of any provision of this chapter.
Unless there has been substantial progress in the work for which a zoning permit was issued, said permit shall expire one year from the date of issue.
Occupancy permits.
The purpose of an occupancy permit is to certify that the premises comply with the provisions of this chapter and may be used for the purposes set forth in the occupancy permit. Prior to the use or occupancy of any land or building or for any change of use of any existing building or for any change of use of land, an occupancy permit shall be secured from the Code Enforcement Officer.
A copy of the occupancy permit shall be kept upon the premises and shall be displayed upon request made by any officer of the municipality. All applications for occupancy permits shall be in writing on forms to be furnished by the Code Enforcement Officer.
Certificate of nonconforming use. The owner of the premises occupied by a lawful nonconforming use or building may secure a certificate of nonconforming use from the Code Enforcement Officer. Such certificate shall be authorized by the Board of Appeals and shall be for the purpose of certifying to the owner his or her right to continue such nonconforming use.
§ 220-29 Code Enforcement Officer.
Appointment of enforcing officer. This chapter shall be enforced by the Code Enforcement Officer, who shall be appointed by the Village Board of Trustees of the Village of Elmira Heights.
Powers and duties.
The Code Enforcement Officer shall receive and examine all applications required under the terms of this chapter and shall issue or refuse permits within 30 days of the receipt of the application or shall refer said application to the Board of Appeals.
The Code Enforcement Officer shall issue a written notice of violation to any person, firm or corporation violating any provisions of this chapter. He or she shall keep records of applications, of permits or certificates issued, of variances granted, of inspections made, of reports rendered and of notice or orders issued and shall make all required inspections and perform all other duties as called for in this chapter.
§ 220-30 Zoning Board of Appeals; referrals.
Creation, membership, term.
A Zoning Board of Appeals is hereby established in accordance with the provisions of the Village Law of the State of New York.
The members of the Board of Appeals shall be residents of the Village of Elmira Heights and shall be appointed by the Village Board to serve for terms as prescribed by law.
Vacancies occurring in said Board by expiration of term or otherwise shall be filled in the same manner. Said Board shall consist of five members.
Powers and duties.
The Board of Appeals shall choose its own Chairman and Vice Chairman who shall preside in the absence of the Chairman. In the absence of both the Chairman and Vice Chairman, the Board of Appeals shall choose one of its number as Acting Chairman. Such Chairman or the party acting in his or her stead during his or her absence may administer oaths and compel the attendance of witnesses.
The Board of Appeals may appoint a secretary who shall take minutes of all its meetings and keep its records.
The Board of Appeals shall be responsible for the interpretation of this chapter and shall adopt and make available to the public rules for the exercise of its functions.
The powers and duties of the Board of Appeals shall be to hear and decide appeals where it is alleged that an error has been made in the enforcement of this chapter and to hear and decide requests for special uses and variances. The Board of Appeals shall perform such other duties as may be provided or made necessary by this chapter, including the interpretation of boundaries, the holding of public hearings and the referral of any pertinent matter to the Planning Board for review and recommendations.
The Board of Appeals shall keep a record and a summary of the facts in cases over which it has jurisdiction and shall maintain adequate records of its findings and decisions.
Referral to Planning Board. The Board of Appeals may refer to the Planning Board all applications for special uses and any other applications or appeals which, in the opinion of the Board of Appeals, require review by the Planning Board. In its review, the Planning Board shall, in the case of special uses, determine compliance with the standards set forth in this chapter and, in all cases, shall report, in writing, its findings and recommendations to the Board of Appeals within 30 days.
§ 220-31 Variances and appeals.
Authorization of variance.
Upon appeal and after a public hearing, the Board of Appeals may authorize either a use variance or an area variance from the strict application of any of the requirements of this chapter. Such an area variance shall be in the case of exceptionally irregular, narrow, shallow or steep lots or other exceptional physical conditions whereby such strict application would result in a practical difficulty that would deprive the owner of the reasonable use of the land or building involved, but in no other case.
A use variance may be permitted in the case where unnecessary hardship would result from such strict application which would deprive the owner of the reasonable use of land or buildings involved, but in no other case. The purpose of any variance shall be to prevent discrimination, and no variance shall be granted which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone.
Required showing for variances. No variance of the strict application of this chapter shall be granted by the Zoning Board of Appeals unless it finds the application satisfies the requirements of § 7-712-b of the Village Law.
[Amended 1-4-1996 by L.L. No. 1-1996]
Appeals.
Any person, officer, department, board or bureau of the Village which deems itself aggrieved may file a written appeal in accordance with the provisions of the applicable state law and with the rules and procedures established by the Board of Appeals. After a public hearing, the Board of Appeals may reverse or affirm wholly or partly or may modify the order, requirement, decision or determination appealed from.
Filing fees. The fee for an appeal to the Zoning Board of Appeals shall be set forth from time to time by resolution of the Board of Trustees on the fee schedule in the office of the Village Clerk.
[Added 1-4-1996 by L.L. No. 1-1996]
§ 220-32 Amendments.
Procedure. The Village Board of Trustees may, in accordance with applicable laws, from time to time, or on its own motion or on petition or on recommendation of the Planning Board or the Board of Appeals, amend, supplement or repeal any or all of the regulations and provisions of this chapter. Any proposed amendment shall be submitted to the Planning Board for a report before being acted upon by the Village Board.
Petition for amendment. A petition requesting a change in regulations, district boundaries or in other provisions of this chapter shall be typewritten and be signed and acknowledged by the person presenting it in the same manner as is required for the recording of a deed to real property and shall be filed with the Code Enforcement Officer in triplicate.
§ 220-33 Penalties for offenses.
[Amended 1-4-1996 by L.L. No. 1-1996]
Any person violating any provision of this chapter or who shall violate or fail to comply with any order or regulation made hereunder or who shall build in violation of any statement, specification or plan submitted hereunder or who shall violate any permit or certificate or occupancy issued hereunder or who shall continue to work upon any structure after service of notice, in writing, from the Code Enforcement Officer or Board of Appeals to desist therefrom shall be punishable as provided for in Chapter 1, General Provisions, Article II, General Penalty.
Each day's continued violation shall constitute a separate, additional violation. Service of the notice shall be sufficient if directed to the owner, agent of the owner or the contractor and left at his or her last known place of business or residence if within the municipality, and if no place of business or residence is found, then the notice shall be served by posting it in a conspicuous place on the premises which are the subject of the violation.[1]
[1]
Editor's Note: The former section on filing fees, which immediately followed this subsection, was deleted 1-4-1996 by L.L. No. 1-1996. For current provisions, see now § 220-31C(2).