Holland City Zoning Code
ARTICLE IX
Enforcement and Administration
§ 120-71 Appointment and compensation of officials.
[Amended 12-12-1984; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
The Town Board of the Town of Holland shall appoint one or more Building Safety Inspectors/Zoning Enforcement Officers (hereinafter referred to as "ZEO") whose duty shall be to assist in the enforcement of the provisions of this chapter and to review all applications for building and use, determine compliance with this chapter and issue the appropriate building zoning permit.
B.
Such appointments shall be made at the organizational meeting of the Town Board or at any subsequent regular Town Board meeting if a vacancy occurs. The Building Safety Inspector/Zoning Enforcement Officer(s) shall not be a member of the Town Board or the Zoning Board of Appeals.
C.
The Town Board shall determine the compensation for this position.
§ 120-72 Compliance required for issuance of report.
[Amended 12-12-1984]
No building zoning permit or certificate of occupancy shall be issued except when there has been compliance with this chapter.
§ 120-73 Orders; monthly report.
[Amended 12-12-1984]
A.
When the ZEO determines that any buildings or use of premises is in violation of this chapter, he shall issue an order to remedy violation, specifying the nature of the violation, the remedy ordered, the time permitted for such correction and the legal penalties which may be invoked by the Town. The order to remedy shall be served upon a responsible party, either personally or by delivering the order to a person of suitable age and discretion at the property in violation, and by mailing the order to the person to be served at his last known address.
B.
The ZEO shall prepare a monthly report for the Town Board. Said report shall recite all actions taken by the ZEO and the results therefrom.
§ 120-74 Duties of Building Safety Inspector/Zoning Enforcement Officer.
[Amended 12-12-1984]
A.
The ZEO, or his duly authorized assistant, shall be responsible to review all applications for building and use, to determine the compliance with this chapter and to issue the appropriate building zoning permit, which shall provide for periodic inspection and approval. The ZEO will issue a certificate of occupancy when construction is complete and satisfactory. All permits shall have the signature of the ZEO and the Town Clerk. The Town Clerk will collect and record the proper fees.
[Amended 1-8-1992 by L.L. No. 1-1992]
B.
The ZEO shall prepare an individual permanent file for each application for a permit and shall include in such file all information regarding pertinent dates, payments of fees, all supporting documents, maps and plans and, when appropriate, the resolution of the Town Board or the Board of Appeals indicating action upon the application.
C.
The ZEO shall prepare a monthly report for the Town Board, listing all applications received and actions taken. A copy of said monthly report shall be transmitted to the Zoning Enforcement Officer, the Planning Board and the Board of Appeals.
§ 120-75 Issuance of certificates and permits.
[Amended 12-12-1984]
No permit shall be issued until the Building Safety Inspector/Zoning Enforcement Officer has certified that the building or use complies with the provisions of this chapter.
A.
Building zoning permit. The ZEO is hereby empowered to issue a building zoning permit for any plans regarding the construction or alteration of any building or part of a building or structure or the change in the use of any land or building or structure or part thereof, upon determination that such plans are in conformity with this chapter.
[Amended 1-8-1992 by L.L. No. 1-1992]
B.
Special use permit. Upon determination by the Town Board, the Town Clerk shall issue a special permit including the conditions approved by the Town Board.
C.
Certificate of occupancy and/or compliance. The ZEO shall issue a certificate of occupancy and/or compliance when all provisions of this chapter have been complied with in regard to the construction, location and use of the building, structure or premises.
[Amended 1-8-1992 by L.L. No. 1-1992]
§ 120-76 Application procedure.
[Amended 10-12-1977; 4-12-1978; 12-12-1984]
A.
Application for a building zoning permit. All applications for a building zoning permit shall be made to the ZEO in the detail specified in § 120-77 of this chapter. The ZEO shall consider the application and supporting documents for compliance with this chapter and either issue or deny the building zoning permit applied for. When the application is for use other than residential, residential or accessory use, agricultural or entirely dissimilar to the present use of premises; prior to the issuance of the permit, the ZEO may refer the application to the Planning Board for its review and recommendations. The Planning Board shall review the proposed site plan and structures with suggestions and recommendations in accordance with this chapter.
[Amended 1-8-1992 by L.L. No. 1-1992]
B.
Within 30 days after receipt of such application, the Planning Board shall make a report to the ZEO setting forth its findings and recommendations concerning the application. The Planning Board may suggest revisions in the application to achieve compliance with this chapter. Such recommendations shall be considered by the ZEO. All recommendations must be in accordance with this chapter and its requirements. The absence of a reply from the Planning Board within 30 days after submission shall constitute a waiver, and the application shall be before the ZEO or Town Board for action.
C.
Procedure for special use permit.
(1)
All applications for special use permits shall be made to the Town Clerk who shall place such applications on the agenda of the next meeting of the Town Board. Upon direction of the Town Board, the Town Clerk shall transmit a copy of the application and supporting documents to the Planning Board for its review to determine conformity to this chapter.
(2)
In the event of referral by the Town Board, the Planning Board shall review the application and, within 30 days after receipt of such application, make a report to the Town Board setting forth its findings and recommendations concerning the application. The Planning Board may suggest revisions in the application to achieve compliance with this chapter. Upon receipt of the recommendations of the Planning Board, the Town Board shall, by resolution, either approve or disapprove the application in accordance with the procedures set forth in Town Law § 274-b. In approving the application, the Board may impose only those modifications or conditions specified in this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(3)
If the application is approved by the Town Board, the ZEO shall be furnished with a copy of the approving resolution of the Board and shall issue the building zoning permit applied for in accordance with the conditions proposed of the Town Board.
(4)
If the application is disapproved by the Town Board, the reasons for such denial may be set forth in the Board's resolution, and a copy of the resolution shall be transmitted to the ZEO. The ZEO shall deny the application accordingly by providing the applicant with a copy of the Board's transmittal of disapproval.
D.
Procedure of certificate of occupancy and/or compliance. Following the completion of the construction, reconstruction or alteration of any building or where a change in the use of a structure is proposed and the building permit has been issued, the applicant will transmit, by mail or in person, to the ZEO a letter stating that such construction has been completed or that a new use has been proposed. Within seven days of the receipt of the letter, the ZEO or his designated agent shall make all necessary inspections of the completed structure and its proposed use to determine the compliance with this chapter. A certificate of occupancy and/or compliance shall be issued if the ZEO determines that the construction and proposed use comply with all requirements of this chapter.
[Amended 1-8-1992 by L.L. No. 1-1992]
E.
Temporary certificate of occupancy and/or compliance. The ZEO may issue a temporary certificate of occupancy if he finds such not to be detrimental to the public safety or the development of adjoining property.
[Amended 1-18-1992 by L.L. No. 1-1992]
§ 120-77 Application information.
[Amended 12-12-1984]
Each application for a building zoning permit or special use permit shall be made with an accompanying site plan. The materials to be submitted with each application shall clearly show the conditions on 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 or building.
A.
The application shall include the following information and plans if applicable:
(1)
The location, use, design and dimensions, including height of each use and building.
B.
The site plan shall include the following information prepared by a licensed engineer, architect, landscape architect, surveyor or attorney, as appropriate:
[Amended 1-8-1992 by L.L. No. 1-1992]
(1)
The title of the drawing, including the name of the development; the name and address of the applicant and the person who prepared the drawing.
(2)
The North point, scale and date.
(3)
The location of survey datum.
(4)
A survey of the proposed development, including its acreage and a legal description thereof, plotted to scale.
(5)
The lines of existing and proposed streets and sidewalks, immediately adjoining and within the proposed site, and the names of all proposed streets.
(6)
The layout, number and dimensions of lots.
(7)
The location, proposed use, height, building elevations and floor plan of all nonresidential and all residential structures containing three or more dwelling units; the location of all parking, loading and stacking areas with access drives.
(8)
The location and proposed development of all open spaces, including parks, playgrounds and open reservations.
(9)
The existing and proposed watercourses and the direction of flow and the impact on the entire watershed.
(10)
A drainage plan showing existing and finished grades.
(11)
A water supply plan, including the location of the fire hydrants.
(12)
Paving, including typical cross sections and profiles of proposed streets, pedestrian walkways and bikeways.
(13)
Sewage disposal plans.
(14)
A landscape plan indicating the location, type and size of existing trees and vegetation, identifying those to be preserved, and the location, type and size of trees, vegetation and other amenities to be provided.
(15)
The location and design of lighting facilities, fences, walls and signs.
(16)
The location and dimension of all signs for which use permits are required under this chapter.
(17)
Proposed easements, restrictions, covenants and provisions for homeowners' associations and common ownerships.
(18)
Such other data and plans as required by applicable ordinances, codes, rules and regulations.
E.
Types of development.
[Amended 1-8-1992 by L.L. No. 1-1992]
(1)
A site plan must be submitted for all:
(a)
Residential developments to contain three or more dwelling units.
(b)
New business, industrial or community facilities developments.
(c)
Alterations or additions to existing commercial or industrial public developments which increase original gross floor area by 750 square feet or more.
(d)
Modifications to off-street parking, loading and stacking areas and structures.
(e)
All developments within a Floodplain District.
(2)
A site plan must be submitted for all applications to modify a previously approved site plan.
§ 120-78 (Reserved) [1]
[1]
Editor's Note: Former § 120-78, Fees, as amended 5-12-1976; 4-12-1978; 10-11-1978; 8-1-1982; 7-13-1988 by L.L. No. 2-1988; 1-8-1992 by L.L. No. 1-1992; was removed 5-12-2021 by L.L. No. 1-2021 and relocated to Ch. A126, Fees. Such Fee Schedule was subsequently removed from the Code. The current Fee Schedule is on file in the Town offices.
§ 120-79 Conflicting provisions.
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety or the general welfare. Wherever any requirement of this chapter is at variance with a requirement of any other lawfully adopted rules, regulations or ordinance, the more restrictive or that imposing the higher standards shall govern.