Geneso Village City Zoning Code
ARTICLE II
Administration
§ 130-6 Enforcement.
It shall be the duty of the Code Enforcement Officer, who for this purpose shall be known as the Code Enforcement Officer, to keep a record of all applications for permits and a record of all permits issued with a notification of all special uses relating thereto. Such records shall be filed by the Code Enforcement Officer and shall be available for review by the Village Board of the Village of Geneseo and the Village Clerk. The Planning Board of the Village of Geneseo shall issue no permit for the use of any property not in conformity with the requirements of this chapter and all other regulations of the Village of Geneseo.
§ 130-7 Duties of Code Enforcement Officer.
[Amended 5-28-2009 by L.L. No. 2-2009]
For the purpose of this chapter, it shall be the duty of the Code Enforcement Officer, and any duly authorized assistants, to cause any plans, buildings or premises to be examined or inspected to determine that they are not in violation of the provisions of this chapter and to issue certificates and permits as outlined in this article; see Chapter 61, Fire Prevention and Building Construction, § 61-3, in this Village Code.
§ 130-8 Certificates and permits.
A.
The certificates and permits enumerated herein are hereby established for the equitable enforcement and administration of the provisions of this chapter. A building permit or special use permit shall be prerequisite to the erection or alteration of a building structure or use thereof, but only if the alteration increases the dimensions or changes the use of existing facilities thereof.
B.
Building permit. The Code Enforcement Officer is hereby empowered to issue a building 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 it has been determined that such plans are not in violation of the provisions of this chapter.
C.
Special use permit. The Planning Board is hereby empowered to issue any special use permit provided for by this chapter after site plan review, if required as specified in the Bulk and Use Tables. Special permit uses are those uses having some special impact or uniqueness which requires a careful review of their location, design, configuration and desirability on any given site. They are uses which may or may not be appropriate in a particular location depending on a weighing, in each case, of the public need and benefit against the local impact and effect. A special use permit may be issued with conditions, including requirements for review and renewal, based upon careful review by the Planning Board (see § 130-20D).
[Amended 5-28-2009 by L.L. No. 2-2009]
D.
Certificate of occupancy. The Code Enforcement Officer is hereby empowered to issue a certificate of occupancy 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. The Code Enforcement Officer is also empowered to issue a certificate of occupancy for nonconforming uses, provided that the nonconforming use is defined and the sections of this chapter not being conformed to are listed. The New York State Codes, Rules and Regulations must be conformed to in order to receive a certificate of occupancy for either a conforming or nonconforming use.
§ 130-9 Application procedures.
A.
Procedures of a building permit.
(1)
All applications for a building permit shall be made to the Code Enforcement Officer in the detail specified in § 130-10 of this article and shall be in compliance with the New York State Codes, Rules and Regulations.
(a)
Where the proposed use is a permitted single- or two-family residential use, the Code Enforcement Officer shall carefully consider the application for compliance with this chapter and either issue or deny a building permit.
(b)
When the application is for any other use in any district, a preliminary site plan application, in accordance with Article XIV, shall serve as the building permit application, and the Planning Board shall be responsible for reviewing compliance with this chapter and directing the Code Enforcement Officer to approve, approve with conditions, or deny an application.
(2)
Issuance of a building permit. Upon receipt of site plan approval from the Planning Board, the Code Enforcement Officer may issue a building permit within one calendar year of site plan approval by the Planning Board and upon the conditions noted in § A-59 of the Village of Geneseo Land Development Regulations and Public Works Requirements.
(3)
Expiration of building permit. Construction activities, including but not limited to demolition, site clearing, topsoil stripping and stockpiling, utility relocations or removals, and improvements must begin within one calendar year of the issuance of a building permit, with construction activities and improvements being completed within one calendar year from their starting date.
(4)
Extension of building permit. Upon application to the Code Enforcement Officer, an applicant may request an extension of up to six months to a previously issued building permit, and the minimum fee shall be charged. No more than two such extensions shall be permitted. In no case shall a building permit extension be obtained at a date beyond 36 months from the project's original site plan approval by the Planning Board.
(5)
Renewal of building permit. Upon the expiration of applicable building permits as stated above, a new application for site plan approval by the Planning Board shall be required to obtain a new building permit from the Code Enforcement Officer, with appropriate fees charged for application review and permit issuance.
(6)
Building permits shall be issued in duplicate, and one copy shall be posted conspicuously on the premises while any alterations are being completed.
B.
Procedures for appeal. Should an applicant choose to appeal a decision by the Code Enforcement Officer to deny issuance of a building permit, an application for an appeal shall be filled out and submitted, along with supporting documents, to the Code Enforcement Officer for referral to the Zoning Board of Appeals for action. Where applicable under §§ 239-m and 239-n of the General Municipal Law, one copy of the application shall also be submitted to the County Planning Board by the Planning Board.
[Amended 5-28-2009 by L.L. No. 2-2009]
C.
Procedures for special use permit. All applications for special use permits shall be made to the Code Enforcement Officer. The Code Enforcement Officer, after determining that an application is in proper form, shall transmit one copy of the application and all supporting documents to the Planning Board for action thereon. Where applicable under §§ 239-m and 239-n of the General Municipal Law, one copy of the application shall also be submitted to the County Planning Board by the Planning Board.
[Amended 5-28-2009 by L.L. No. 2-2009]
D.
Procedures for a certificate of occupancy. Following the completion of the construction, reconstruction or alteration of any building or where a change in the use of a structure is proposed, the applicant shall transmit by registered mail or deliver in person to the Code Enforcement Officer a letter stating that such construction has been completed or that a new use has been proposed. Within seven days of the receipt of this letter, the Code Enforcement Officer shall make all necessary inspections of the completed structure or proposed use to determine the conformance with this chapter. A certificate of occupancy shall be issued only if the Code Enforcement Officer finds that the construction or proposed use complies with all the requirements and provisions of this chapter.
§ 130-10 Application details.
A.
Application for a building permit (where site plan review is not required). Each application for a building permit shall be made on forms available from the Code Enforcement Officer. The materials to be submitted with the application shall clearly show the conditions of the site at the time of the 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 of building. At a minimum, the application shall include the following information and plans for both before and after conditions.
(1)
The location, use, design, dimensions, setbacks and height of each use and building.
(2)
The location of any easements and water supply and sewage disposal facilities.
B.
Application for a special use permit. Each application for a special use permit shall be made on forms available from the Code Enforcement Officer and shall contain at least the following information.
(1)
The applicant's name and address and interest in the subject property.
(2)
The owner's name and address, if different from the applicant, and the owner's signed consent to the filing of the application.
(3)
The street address or legal description of the subject property.
(4)
An application for site plan approval, as required by Article XIV.
(5)
A written statement addressing each of the standards set forth in § 130-20D and stating specifically how the proposed special use permit relates to and meets each such standard.
(6)
Any additional information which may be required to demonstrate compliance with any additional standards imposed on the special use permit by the particular provision of this chapter authorizing the special use.
§ 130-11 Application fees.
The following fees shall be paid at the office of the Village Clerk.
A.
Building permits which do not require a public hearing. The fee to be charged for the issuance of a building permit for the construction, erection, placing or adding to the floor area of a building or structure for use as a dwelling or as a permitted accessory use in the R-1 and R-2 Districts shall be as set forth from time to time by the Board of Trustees. The fee for issuance of a building permit for any other use shall be as set forth from time to time by the Board of Trustees. A plot plan drawn to scale showing the location and the proposed uses of buildings and/or land shall accompany all zoning and occupancy permit applications.
B.
Building permits or appeals which require a public hearing. In addition to the fee specified above, a charge as set forth from time to time by the Board of Trustees shall be made whenever a public hearing is required, to cover publishing and other incidental costs.
C.
Recreation fee. Where new construction within the Village involves the addition of dwelling units subject to subdivision or site plan review, a recreation fee shall be paid per dwelling unit at or prior to issuance of the certificate of occupancy. The fee shall be as set forth from time to time by the Board of Trustees.
D.
Occupancy permit. Where a building permit is not required and a certificate of occupancy is required, there shall be a charge for the certificate of occupancy as set forth from time to time by the Board of Trustees payable at the time of application. When the application for a certificate of occupancy is denied, no part of the application fee is returnable to the applicant.
E.
Certificate of nonconformance. No permit is required if the applicant conforms to the provisions of Article VIII, provided that a certificate of nonconformance is obtained within 90 days of passage of this chapter. A fee as set forth from time to time by the Board of Trustees will be charged for a certificate of nonconformance commencing 91 days after passage of this chapter.
F.
The schedule of fees for signs shall be as set forth from time to time by the Board of Trustees.
G.
Costs incurred by the Planning Board, Board of Appeals or its agents for consultation or other extraordinary expenses in connection with the review of a proposed application shall be charged to the applicant.
H.
Certificates of occupancy shall not be given until all fees assessed prior have been paid in full. The letter of credit shall not be released until all remaining fees have been paid.
§ 130-12 Public hearing.
[Amended 5-28-2009 by L.L. No. 2-2009]
Certain actions related to appeals, permits, and site plan review require public hearings to be held. The Zoning Board of Appeals shall conduct a public hearing on applications referred to it by the Code Enforcement Officer in accordance with the procedures and requirements established in Village Law § 7-712-a for appeals. The Planning Board shall hold a public hearing on applications referred to it in accordance with the procedures and requirements established in Village Law §§ 7-725-a and 7-725-b for special use permit, site plan review and/or subdivisions. Public notice of all such hearings shall be printed in an official newspaper of general circulation at least five days prior to the date of the hearing. The applicant shall, at his or her own expense, mail notice of such hearing by certified mail, return receipt requested, at least 10 days prior to the date of the hearing, to all property owners situated within 100 feet of the boundaries of the site being reviewed. The property shall also be posted by the Village Code Enforcement Office at least seven days prior to the scheduled public hearing date. Specific notice requirements for hearings vary as outlined in the appropriate sections of this chapter.
§ 130-13 Planning Board action on permit applications.
Within 62 days from the date of such public hearing, and following a report back by the County Planning Board when applicable, the Planning Board shall, by resolution, either approve, approve with conditions or disapprove the application so heard. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Board. In approving the application for a special use permit, the Board may impose reasonable conditions and restrictions directly related and incidental to the proposed special use permit.
A.
If an application is approved by the Planning Board, the Code Enforcement Officer shall be furnished with a copy of the approving resolution of the Board and shall issue the permit applied for in accordance with the conditions imposed by the Board.
B.
If any application is disapproved by the Planning Board, 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 Enforcement Officer. The Code Enforcement Officer shall deny the application accordingly by providing the applicant with a copy of the Board's reasons for disapproval and the procedures for appeal.
C.
The Village Clerk shall maintain a record of all approved or denied applications. Such permanent record shall be available to the Village Board, the Planning Board, the Code Enforcement Officer and, where applicable, the County Planning Board.
§ 130-14 Revocation and expiration of permits.
[Amended 2-26-2018 by L.L. No. 2-2018]
A.
Any special use permit not exercised within one calendar year from its date of issuance shall become null and void.