Green Island City Zoning Code
ARTICLE II
Administration and Enforcement
§ 169-6 Enforcement official designated.
This chapter shall be enforced by the Zoning Enforcement Officer, who shall be appointed by the Board of Trustees.
§ 169-7 Fees.
Fees, as may from time to time be established by the Board of Trustees, may be charged for permits issued and for the processing of applications for zoning changes and variances.
§ 169-8 Zoning permits.
A.
No building or structure shall be erected, added to or structurally altered until a zoning permit has been issued by the Zoning Enforcement Officer.
B.
The Zoning Enforcement Officer shall not grant a zoning permit where the proposed construction, alteration or use thereof would be in violation of this chapter.
C.
The Zoning Enforcement Officer shall issue a zoning permit only after the site plan has been approved by the Planning Board, except in the case of one- or two-family dwellings.
D.
Zoning permits shall be required for all new construction, additions to existing structures and mobile homes.
E.
No building permit shall be issued until such time as a zoning permit has been issued.
§ 169-9 Certificates of occupancy.
No land shall be used or occupied and no building hereafter erected, altered or extended shall be used or changed in use until a certificate of occupancy has been issued by the Zoning Enforcement Officer in accordance with the provisions of this chapter.
§ 169-10 Penalties for offenses.
[Amended 12-19-1988 by L.L. No. 1-1988; 7-15-2013 by L.L. No. 3-2013]
Any violation of this chapter is a violation punishable by a fine not exceeding $250 per day or by imprisonment for a term not to exceed 15 days, or both. Each day's continued violation shall constitute a separate offense.
§ 169-11 Filing complaints.
Whenever a violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints must be in writing, signed and shall be filed with the Zoning Enforcement Officer, who shall properly record such complaint and investigate in a timely manner.
§ 169-12 Amendment procedure.
A.
Regulations, districts and boundaries established by this chapter may be amended or repealed after official notice has been given and a public hearing has been held by the Board of Trustees as required by law.
B.
Each petition requesting a change of zoning regulations or district boundaries shall be typewritten, signed by the owner, filed in triplicate and accompanied by the required fee.
C.
The Board of Trustees shall refer every such proposed amendment to the Planning Board for a report before the public hearing.
D.
The Planning Board may require a plan of proposed development for which a zoning district change is sought, to assist it in understanding the case.
§ 169-13 Board of Appeals; variances.
A.
A Board of Appeals shall consist of five members appointed in accordance with § 7-712 of the Village Law.
B.
The Board of Appeals shall have the following powers and duties:
(1)
Interpretation: Upon appeal by an aggrieved party of a decision by the Zoning Enforcement Officer, to decide questions involving interpretation of any provision of this chapter.
(2)
Variances.
(a)
To vary strict application of this chapter's requirements in the case of exceptionally irregular, narrow, shallow or steep lots or other exceptional physical conditions whereby strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of reasonable use of the land or building involved. In granting a variance, the Board shall prescribe conditions that it deems necessary or desirable.
[Amended 5-21-1979 by L.L. No. 3-1979]
(b)
No variance in the strict application of any provision of this chapter shall be granted unless the Board finds each and every of the following conditions:
[1]
The strict application of this chapter would produce undue hardship and the hardship is not self-created nor an economic hardship.
[2]
The hardship is unique and not shared by all properties alike in the immediate vicinity of the property and district.
[3]
The variance would observe the spirit of this chapter and would not change the district character or be injurious to the neighborhood or otherwise detrimental to public welfare.
[4]
The variance would observe the intent of any Comprehensive Plan as may be adopted by the Board of Trustees.
[5]
The variance is the minimum necessary to grant relief.
C.
Procedures for interpretation or variance.
(1)
The Board of Appeals shall act in strict accordance with the procedure specified by the Village Law and this chapter. All applications made shall be in writing, on forms prescribed by the Board, and shall be made within 30 days from the date of the action being appealed. Every application shall refer to specific provisions of this chapter and shall set forth the interpretation claimed or details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted.
(2)
At least 30 days before the date of the public hearing, the secretary shall transmit to the Planning Board a copy of the application and notice of the hearing. The Planning Board shall submit a report of its advisory opinion prior to the hearing. Failure of the Planning Board to submit a report shall be deemed to signify approval of the application.
(3)
Every decision of the Board of Appeals shall be by resolution, which shall contain a full statement of its findings of fact in the case and shall be recorded in its minutes.
D.
Any variance not exercised within one year from the date of its issuance shall be deemed revoked, null and void without hearing by the Board of Appeals.
§ 169-14 Planning Board; site plan review.
A.
The Planning Board shall consist of five members appointed in accordance with § 7-718 of the Village Law.
B.
The Planning Board shall have the following powers and duties in accordance with §§ 7-725 and 7-726 of the Village Law:[1]
(1)
Variances and amendments: to review all proposed variances and amendments and submit a report of its advisory opinion prior to the hearing.
(2)
Special use permits: to review and approve, disapprove or approve with modification any special use permit required by this chapter. (See Subsection C below.)
(3)
Site plan review: to review and approve, disapprove or approve with modifications all permitted uses, with the exception of one- and two-family dwellings, before a building permit is issued. (See Subsection F below.)
(4)
Rules and regulations: to adopt such rules and regulations as it deems necessary to exercise the powers so granted.
[1]
Editor's Note: Village Law §§ 7-725 and 7-726 were repealed by L. 1992, c. 694, § 3, eff. 7-1-1993; and L. 1992, c. 663, § 2, eff. 7-1-1993, respectively. See now Village Law §§ 7-718 and 7-725-a.
C.
Procedure for special use permit.
(1)
The Planning Board shall act in strict accordance with the procedure specified by the Village Law and this chapter. All applications shall be in writing on forms prescribed by the Board. Every application shall refer to the specific use for which a special use permit is sought.
(2)
The application for a special use permit shall be accompanied by three sets of preliminary plans and other descriptive matter to portray clearly the intentions of the owner. These documents shall become a part of the record. Such plans shall show the location of all buildings, parking, access and circulation, open space, landscaping and other information necessary to determine if the proposed special use meets the requirements of this chapter.
(3)
The Planning Board shall, within 60 days of the date application for a special use permit is made, fix a time for the hearing thereon. Public notice shall be given at least five days prior to said hearing. The Planning Board shall render a decision upon the application within 60 days after the hearing.
[Amended 12-19-1988 by L.L. No. 1-1988]
(4)
Every decision of the Planning Board shall be by resolution, which shall contain a full statement of its findings of facts in the case and shall be recorded in its minutes.
D.
The Planning Board may issue a special use permit only after it has found that all the following standards and conditions have been satisfied:
(1)
The location, size of use and structure, nature and intensity of operations involved, size of the site in relation to it and location of the site with respect to streets giving access are such that it will be in harmony with orderly development of the district.
(2)
The location, nature and height of buildings, walls and fences will not discourage the appropriate development and use of adjacent land and buildings or impair their value.
(3)
The special use shall not conflict with any Comprehensive Plan as may be adopted by the Board of Trustees.
(4)
Operations of any special use shall not be more objectionable to nearby properties than would be operations of any permitted use.
(5)
No special use permit shall be issued for a use on a property where there is an existing violation of this chapter.
E.
Any special use permit not exercised within one year from the date of its issuance shall be deemed revoked, null and void without hearing by the Planning Board.
F.
Procedures for site plan review and approval.
(1)
A sketch plan conference between the Planning Board and owner shall be held to review the basic site design concept and generally determine the information to be required on the site plan. At the sketch plan conference, the applicant may be required to provide the data below in addition to a statement or rough sketch describing what is proposed:
(a)
An area map showing the parcel under consideration for site plan review and all properties, subdivisions, streets and easements within 200 feet of the boundaries thereof. Such area map shall be oriented to the nearest street or road intersection, and, if the parcel adjoins a state highway, such area map shall additionally be related to state mile markers.
(b)
A map of site topography at no more than five-foot contour intervals. If general site grades exceed 5% or portions of the site have susceptibility to erosion, flooding or ponding, a soils overlay and a topographic map showing contour intervals of not more than two feet of elevation should additionally be provided.
(2)
The owner shall submit a site plan and supporting data and shall include the following information, presented in drawn form and accompanied by a written text, as determined necessary by the Planning Board at the sketch plan conference:
(a)
A survey of the property showing existing features, including contours, large trees, buildings, structures, streets, utility easements, rights-of-way, land use, zoning and ownership of surrounding property.
(b)
A site plan showing proposed lots, blocks, building locations and land use areas.
(c)
Traffic circulation, parking and loading spaces and pedestrian walks.
(d)
Landscaping plans, site grading, landscape design and open areas.
(e)
Preliminary architectural drawings for buildings to be constructed, floor plans, exterior elevations and sections.
(f)
Preliminary engineering plans, street improvements, storm drainage, water supply and sanitary sewer facilities.
(g)
An engineering feasibility study of any anticipated problems which might arise due to proposed development, as required by the Planning Board.
(h)
The construction sequence and time schedule for completion of each phase for buildings, parking and landscape areas.
(i)
A description of proposed uses, hours of operation and expected number of employees, volume of business and volume of traffic generated.
(3)
The Planning Board shall, within 60 days of the date of application for site plan approval is made, fix a time for the hearing thereon. Public notice shall be given at least five days prior to said hearing. The Planning Board shall render a decision upon the application within 60 days after the hearing.
[Amended 12-19-1988 by L.L. No. 1-1988]
(4)
Every decision of the Planning Board shall be by resolution, which shall contain a full statement of its findings of facts in the case and shall be recorded in its minutes.
G.
Standards for site plan approval.
(1)
The Planning Board shall review the site plan and supporting data before approval or approval with stated conditions is given and take into consideration the following:
(a)
A harmonious relationship between proposed uses and existing adjacent uses.
(b)
The maximum safety of vehicular circulation between the site and the street.
(c)
The adequacy of interior circulation, parking and loading facilities with particular attention to pedestrian safety.
(d)
The adequacy of landscaping and setbacks to achieve compatibility with and protection of adjacent uses.
(2)
The Board may require changes or additions in relation to yards, driveways and landscaping, to ensure safety, to minimize traffic difficulties and to safeguard adjacent properties. Should changes or additional facilities be required by the Board, final approval of the site plan shall be conditional upon satisfactory compliance by owner to the changes or additions.
(3)
Any owner wishing to make changes in an approved site plan shall submit a revised site plan to the Planning Board for review and approval.
H.
The Planning Board may require as a condition of site plan approval that the owner file a performance bond in such amount as it determines to be in the public interest, to ensure that proposed development will be built in compliance with accepted plans.
§ 169-15 Relief from decisions.
[Amended 1-28-1980 by L.L. No. 1-1980]
Any person who may have substantial interest in any decision of the Board of Appeals, the Planning Board or any officer, board, commission, department or office of the Village of Green Island may appeal to the Supreme Court of the State of New York by filing with the Clerk of said court a petition, in writing, setting forth plainly, fully and distinctly wherein such decision is contrary to law. Such appeal must be filed within 30 days after such decision is rendered.