Holley Village City Zoning Code
ARTICLE VIII
Administration and Enforcement
§ 265-53 General procedure.
A.
General sequence of steps. All 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 building permit by filling out the appropriate application form and by submitting the required fee. The Code Enforcement Officer will then either issue or refuse the building permit or refer the application to the Zoning Board of Appeals. After the building permit has been received by the applicant, he may proceed to undertake the action permitted in the building permit and, upon completion of such action, shall apply to the Code Enforcement Officer for a certificate of occupancy. If the Code Enforcement Officer finds that the action of the applicant has been taken in accordance with the building permit, he will then issue a certificate of occupancy allowing the premises to be occupied.
B.
Building permit types.
[Amended 10-7-1974 by L.L. No. 1-1974]
(1)
Under the terms of this chapter, the following classes of building permits may be issued:
(a)
Permitted use. A building permit for a permitted use specifically enumerated in Schedule I[1] may be issued by the Code Enforcement Officer of his own authority.
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
(b)
Special uses and permitted uses not specifically enumerated in Schedule I. A building permit for a special use or any permitted use not specifically enumerated in Schedule I may be issued by the Code Enforcement Officer only after review by the Planning Board and upon order of the Zoning Board of Appeals.
(c)
Demolition permit. A building permit for the demolition of a building or structure may be issued by the Code Enforcement Officer of his own authority, provided the applicant has obtained the necessary permits for sealing off the sewer and water connections as provided in § 265-51A of this chapter.
(d)
Building permit after an appeal or a request for a variance. A building permit may be issued by the Code Enforcement Officer upon the order of the Zoning Board of Appeals and after a public hearing held by the Board of Appeals for the purpose of deciding upon the appeal or request for a variance.
§ 265-54 Code Enforcement Officer.
[Amended 10-12-2004 by L.L. No. 3-2004]
This chapter shall be enforced by the Code Enforcement Officer, who shall be appointed by the Village Board of Trustees. No building permit or certificates of occupancy shall be issued by him except where all the provisions of this chapter have been complied with.
§ 265-55 Building permits.
[Amended 10-7-1974 by L.L. No. 1-1974; 10-12-2004 by L.L. No. 3-2004]
No building or structure shall be erected, demolished, added to, or structurally altered until a permit therefor has been issued by the Code Enforcement Officer in accordance with the provisions of Chapter 103, Building Construction and Fire Prevention, § 103-3.
§ 265-56 Certificate of occupancy.
A.
General. No land shall be occupied or used and no building hereafter erected, altered or extended shall be used or changed in use until a certificate of occupancy shall have been issued by the Code Enforcement Officer, stating that the buildings or proposed use thereof complies with the provisions of this chapter.[1]
[1]
Editor's Note: Former Subsection 7.32, Maintenance, renewal, change or extension of nonconforming use, which immediately followed this subsection, was deleted 10-12-2004 by L.L. No. 3-2004. See now § 265-52, Nonconforming uses.
B.
Application for certificate of occupancy. All certificates of occupancy shall be applied for coincident with the application for a building permit. Said certificate shall be issued within 10 days after the erection or alteration shall have been approved as complying with the provisions of this chapter.
C.
Record. The Code Enforcement Officer shall maintain a record of all certificates, and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building affected.
D.
Application mandatory. No permit for excavation for, or the erection or alteration of, or repairs to any building shall be issued until an application has been made for a certificate of occupancy.
§ 265-57 Planning Board review of applications and appeals.
A.
Referral from the Board. The Zoning Board of Appeals shall refer to the Planning Board all applications for special uses, and any other applications or appeals, which, in its opinion, requires review by the Planning Board.
B.
Criteria for review. The Planning Board shall review such applications in accordance with applicable criteria set forth in Article IV.
C.
Report to the Board of Appeals. The Planning Board may approve, disapprove, or approve subject to conditions, or modifications and shall report its findings to the Zoning Board of Appeals within 30 days of receipt thereof; such report shall state all recommended conditions and modifications and the reasons for such approval or disapproval.
§ 265-58 Violations; penalties for offenses.
A.
Complaints of violations. Whenever a violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints must be in writing and shall be filed with the Code Enforcement Officer, who shall properly record such complaint and immediately investigate and report thereon to the governing body.
B.
A violation of this chapter is hereby declared to be an offense punishable by a fine not to exceed $350 or imprisonment for a period not to exceed six months, or both, for a conviction of a first offense; for a conviction of a second offense, both of which were committed within a period of five years, punishable by a fine of not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction of a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine of not less than $700 nor more than $1,000 or imprisonment for period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon the courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors, and, for such purposes only, all provisions of law relating to misdemeanors shall apply to such violations. Each week’s continued violation shall constitute a separate additional violation.
[Amended 10-12-2004 by L.L. No. 3-2004]
C.
Procedure for abatement of violations. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of this chapter, or of any ordinance or regulation made under authority conferred hereby, the governing body or, with its approval, the Code Enforcement Officer or other proper official in addition to other remedies, may institute any appropriate action of proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises.
§ 265-59 Appeals.
A.
Appeal from Code Enforcement Officer.
(1)
Procedure for appellant.
(a)
An appeal to the Zoning Board of Appeals from any ruling of any administrative officer administering any portion of this chapter may be taken by any person aggrieved, or by an officer, board, or bureau of the Village affected thereby. Such appeal shall be taken to the Zoning Board of Appeals by filing with the secretary thereof a notice of appeal, specifying the grounds therefor.
(b)
Filing procedure.
[Added by L.L. No. 1-1998; amended 10-12-2004 by L.L. No. 3-2004]
[1]
The appropriate Village officials shall have 10 working days for review to certify that any submission for petitions, applications and appeals are complete. At the end of this time period, the applicant shall be notified in writing of any deficiencies in that submission, which renders it incomplete or not sufficient. When the application is complete, the applicable meetings and/or hearings shall be scheduled.
[2]
Within this ten-day review period, the applicant may submit additional information to conform with the notice of deficiency. Before any application has been determined to be complete, it must have a written endorsement of completion by the Code Enforcement Officer and the Chairman of the board or boards before which it must appear.
[3]
All applicable fees shall be paid to the Village Clerk when the application is initially filed. Supplemental fees, if necessary, shall be paid before the application may be deemed complete. Upon notification that a submission is complete, any fees received for submissions shall not be refundable unless authorized by the Village Board of Trustees.
(c)
All applications and appeals made to the Board of Appeals shall be in writing on forms prescribed by the Code Enforcement Officer. Every application or appeal shall refer to the specific provision of this chapter, and shall exactly set forth the interpretation that is claimed, the plans for a special use or the details of the variance that is applied for, in addition to the following information:
[1]
The name and address of the applicant, appellant.
[2]
The name and address of the owner of the district lot to be affected by such proposed change or appeal.
[3]
A brief description and location of the district lot to be affected by such proposed change or appeal.
[4]
A statement of the present zoning classification of the district lot in question, the improvements thereon and the present use thereof.
[5]
A reasonably accurate description of the present improvements, and the additions or changes intended to be made under this application, indicating the size of such proposed improvements, material and general construction thereof. In addition, there shall be attached a plot plan of the real property to be affected, indicating the location and size of the lot and size of improvements thereon and proposed to be erected thereon.
(2)
Procedure for Code Enforcement Officer.
(a)
The notice of appeal in any case where a permit has been granted or denied by the Code Enforcement Officer shall be filed within 60 days after the filing of any order, requirement, decision, interpretation or determination. The Code Enforcement Officer shall forthwith transmit to the Zoning Board of Appeals all papers constituting the record upon which the action appealed from was taken, or in lieu thereof certified copies of said papers.
[Amended 10-12-2004 by L.L. No. 3-2004]
(b)
It shall be competent for the Code Enforcement Officer to recommend to the Zoning Board of Appeals a modification or reversal of his action in cases where he believes substantial justice requires the same but where he has not himself sufficient authority to grant the relief sought.
(3)
Procedure for the Zoning Board of Appeals. The Zoning Board of Appeals shall decide each appeal after a final hearing, in accordance with Village Law § 7-712-a. Upon the hearing any party may appear in person or be represented by an agent or attorney. The decision of the Board of Appeals shall be filed in the office of the Village Clerk within five business days after the day such decision is rendered, and a copy thereof shall be mailed to the applicant. In the exercise of its functions upon such appeals or upon exceptions, the Zoning Board of Appeals may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from or may make such order requirement, decision or determination in accordance with the provisions hereof.
[Amended 10-12-2004 by L.L. No. 3-2004]
(4)
Expiration of appeal decision. Unless otherwise specified by the Zoning Board of Appeals, a decision on any appeal or request for a variance shall expire if the applicant fails to obtain any necessary building permit, or comply with the conditions of said authorized permit within six months from the date of authorization thereof.
(5)
Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Code Enforcement Officer certifies for the Zoning Board of Appeals, after the notice of appeal shall have been filed, that by reason of facts stated in the certificate, they would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Zoning Board of Appeals or by the Supreme Court on application, on notice to the Code Enforcement Officer and on due cause shown.
B.
Appeal from Decision of Zoning Board of Appeals. All decisions of the Zoning Board of Appeals are subject to court review in accordance with applicable laws of the State of New York.
§ 265-60 Public hearings, notice and conduct.
[Amended by L.L. No. 1-1998]
When the Village Board of Trustees, Planning Board or Zoning Board of Appeals is required to hold a public hearing, as provided for in this chapter, a notice of the hearing shall be given in the following manner:
A.
Notice of hearing on special use, variance and site plan approval.
(1)
Each notice of a hearing on a special use, a variance and site plan approval shall be published in the official newspaper at least five days prior to the date of the hearing, and copies of said notices shall be mailed to all owners of property within 100 feet of the exterior boundary of the property for which application is made. For this purpose, the names and addresses on the latest assessment records of the Village of Holley may be used. In the event that the subject property is within 100 feet of the property under condominium ownership or ownership of a homeowners' association, then, in that event, only owners of the units within 100 feet of the property and the governing body of the condominium or homeowners' association shall be notified by mail under the terms of this provision.
(2)
At least 10 days prior to the date set for a public hearing on a special use, variance or site plan application, the applicant shall post on his property a sign(s), observable by the general public, containing the following information:
(a)
The nature of the application being presented to the Zoning Board of Appeals or the Planning Board.
(b)
The date, time and location of the public hearing.
(3)
A sign shall be prominently displayed along each 500 feet of road frontage, no closer than eight feet and no further than 15 feet from the front of the property line. A minimum of one sign is required along each boundary which has road frontage.
(4)
The sign(s) required by this section shall be made in accordance with specifications approved by the Village Board of Trustees and shall be provided to the applicant at time of the notice of completion. A fee of $10 shall be added to each application, in addition to any other fees, to defray the cost of said sign.
[Amended 10-12-2004 by L.L. No. 3-2004]
(5)
Failure by the applicant to maintain the required signs for the full ten-day period prior to the date of the public hearing will result in the tabling of the application until the next regular meeting of the appropriate board. All signs pursuant to this section shall be removed by the applicant within five days after the conclusion of the public hearing.
(6)
Signs posted in accordance with this section shall be deemed permitted signs, notwithstanding any conflicting provisions of this chapter.
(7)
Each notice of a hearing regarding an amendment to this chapter or for planned unit development zoning shall be published at least once in the official newspaper during the two weeks just before the hearing. In the event of a planned unit development, copies of said notices shall be mailed to all owners of property within 200 feet of the exterior boundary of the property for which application is made. For this purpose, the names and addresses on the latest assessment records of the Village of Holley may be used. In the event that the subject property is within 200 feet of the property under condominium ownership or ownership of a homeowners' association, then, in that event, only owners of the units within 200 feet of the property and the governing body of the condominium or homeowners' association shall be notified by mail under the terms of this provision.
B.
Appealing the action of the Code Enforcement Officer. Notice of the hearing to consider an appeal of an action of the Code Enforcement Officer shall be published in the official newspaper 10 days prior to the hearing, and notices shall be mailed to all owners of the property within 100 feet from the exterior boundary of the property for which the permit was made.
C.
Recess or adjournment of hearing. The Planning Board, Village Board of Trustees or Zoning Board of Appeals may recess a hearing to obtain additional information or to serve further notice upon other property owners or to persons it decides may be interested in the proposal being considered. Upon recessing or adjournment, the time and date when the hearing is to be resumed shall be announced. No further notice of publication will be necessary.
[Amended 10-12-2004 by L.L. No. 3-2004]
D.
Time extensions. The Planning Board, the Village Board of Trustees or the Zoning Board of Appeals may extend the time requirements or limits as set forth in this chapter upon mutual agreement between the Board and the applicant, but in no event shall such time period be less than is stated herein. Such extensions may be freely granted in order to facilitate resolution of the application or to provide for public input. The time and date when the hearing is to resume shall be a part of the minutes of the hearing, and notice of an adjourned meeting shall be posted in the Village Hall as soon as is practicable.
E.
Denial without prejudice. Denial of an application without prejudice may be allowed on any application which any of the Boards entertain. Such action is permissible only if the application is in error, incomplete, or is such that the information presented is not sufficient to make an adequate decision. The applicant may be directed to supplement the application as needed so that a decision can be reached by the Board, or may be denied without prejudice. In the event of denial without prejudice, the applicant may reapply to the Board upon obtaining the necessary information and submitting documentation as such to the Board as required in the denial of the application without prejudice.
§ 265-61 Fees.
[Amended 10-7-1974 by L.L. No. 1-1974]
A.
The Code Enforcement Officer shall charge an applicant for a permit to build a residential dwelling or a building of nonresidential occupancy a minimum of $5, plus an additional fee of $1 for each 100 square feet of floor space, or part thereof, as shown on the applicant's plans.
B.
The Code Enforcement Officer shall charge an applicant for a permit for repairs, alterations, and additions a fee based upon the fair market value of the cost of said repairs, alterations, and additions as hereinafter set forth:
Value | Fee |
|---|---|
$0 to $500 | $5.00 |
$500 to $1,000 | $10.00 |
For each $1,000 over $1,000 | $3.00 |
C.
The Code Enforcement Officer shall charge an applicant for a demolition permit a fee based upon the cost of the demolition work as hereinafter set forth:
Cost | Fee |
|---|---|
$0 to $500 | $5.00 |
$500 to $1,000 | $10.00 |
$1,000 to $5,000 | $20.00 |
For each $1,000 over $5,000 | $2.00 |
D.
The Code Enforcement Officer shall charge an applicant for a building permit for a fence a fee based upon a fee of $0.10 for each linear foot of fence to be constructed or set up. In no event shall a permit for fence construction be less than $5.
E.
The Code Enforcement Officer shall charge an applicant for a certificate of occupancy a fee based upon the cost of the structure to be occupied as hereinafter set forth:
Cost | Fee |
|---|---|
$0 to $10,000 | $5.00 |
$10,000 to $20,000 | $10.00 |
$20,000 to $50,000 | $20.00 |
For each $50,000 over $50,000 | $10.00 |
F.
In all other cases in which the fee to be charged is not hereinbefore set forth, the Code Enforcement Officer in his own discretion shall set the fee to be charged an applicant.
G.
Notwithstanding any other provision of this chapter, no fee shall be charged for any permit or certificate of occupancy where the applicant is a bona fide religious, charitable, or educational organization which is exempt from the payment of taxes generally.