Hornell City Zoning Code
ARTICLE VII
Administration and Enforcement
§ 315-30 General administration and enforcement.
The Code Enforcement Officer appointed by the Common Council shall administer and enforce all provisions of this chapter. No building permit required under the New York State Uniform Fire Prevention and Building Code shall be issued unless the project meets all standards and criteria in this chapter. If no building permit is required to undertake a project or land use, the Code Enforcement Officer shall be responsible for ensuring that the project or land use meets all the standards and criteria of this chapter.
A.
Procedures and forms. The Common Council shall make and adopt such procedures and forms as necessary for the proper enforcement and administration of this chapter and to secure its stated purposes and intent. The Common Council may delegate the responsibility to prepare such procedures and forms to the Code Enforcement Officer subject to approval by the Common Council before such forms and procedures are utilized. The procedures and forms shall not be in conflict with the provisions of this chapter or any other chapter of the city. The procedures and forms as approved by the Common Council shall be kept on file in the office of the Code Enforcement Officer and/or the City Clerk and available to the public.
B.
Assistants. The Common Council may appoint Code Enforcement Officer assistants or deputies to assist the Code Enforcement Officer with such powers and responsibilities as the Common Council deems appropriate. The use of the term "Code Enforcement Officer" also includes his or her duly authorized and appointed assistants or deputies, if any.
§ 315-31 Powers and duties of Code Enforcement Officer.
The Code Enforcement Officer shall have the following powers and duties:
A.
Inspections. The Code Enforcement Officer shall have the right to enter and inspect any building or enter upon any land at any reasonable hour as necessary in the execution of these duties, subject to the following conditions:
(1)
The Code Enforcement Officer should make efforts in good faith to notify the owner and/or tenant before conducting any inspection.
(2)
The Code Enforcement Officer should display proper identification upon commencing an inspection.
(3)
Inspections should be conducted in the presence of the owner or the owner's representative or tenant if he/she so requests in writing. A written report of each inspection shall be prepared and kept on file in the office of the Code Enforcement Officer. A copy of the inspection report shall also be sent to the owner or the owner's representative.
B.
Records. The Code Enforcement Officer shall maintain files in his office, the Building Department or the City Clerk's office, open to the public, of all applications for certificates of compliance, special use permits, building permits, certificates of occupancy or use, inspection reports, any and all plans submitted, as well as finial certificates and permits. The Code Enforcement Officer shall also maintain records of every complaint of a violation of the provisions of this chapter as well as any action taken as a result of a complaint of violation.
C.
Maintenance of Zoning Map. The Code Enforcement Officer shall maintain for use by the public an up-to-date Zoning Map showing all district boundaries.
D.
Report to the Common Council. The Code Enforcement Officer shall, each month, submit to the Common Council a written report summarizing for the preceding calendar month all permits and certificates issued as well as the number of violations recorded, action taken on violations, and the number and types of inspections conducted.
E.
Certificate of compliance.
(1)
In all districts, the Code Enforcement Officer shall issue a certificate of compliance before:
(a)
Any structure coming under the provisions of this chapter is erected, reconstructed, structurally altered or moved (excluding usual maintenance or repair);
(b)
Any change in use occurs in an existing building;
(c)
Any change in use occurs in a nonconforming building;
(d)
Any land is used or a use is established.
(2)
Nothing in this provision shall be interpreted to supersede the requirements of any chapter enacted by the Common Council, or the requirements of any applicable state law, with respect to the administration and enforcement of the New York State Uniform Fire Prevention and Building Code.
(3)
All applications for a certificate of compliance shall be accompanied by such sketch plans or supporting documentation as the Code Enforcement Officer may be required to determine compliance with this chapter. The Common Council may establish a fee for a certificate of compliance.
(4)
The certificate of compliance shall state that the proposed structure or land use complies with all provisions of this chapter.
F.
Building permits. The Code Enforcement Officer shall be responsible for issuing building permits as required by the New York State Uniform Fire Prevention and Building Code. The Code Enforcement Officer shall follow the procedures established under the Uniform Code as well as determine full compliance with this and other chapters prior to issuing a building permit.[1]
[1]
Editor's Note: See Ch. 148, Fire Prevention and Building Construction.
G.
Certificate of occupancy. In all districts and any overlay zone, no building or structure for which a building permit has been issued shall be occupied or used unless the Code Enforcement Officer issues a Certificate of Occupancy. The Certificate of Occupancy shall state that the building or structure fully complies with the requirements of the New York State Uniform Fire Prevention and Building Code as administered by the City of Hornell, this chapter and the terms of any variance, special use permit or site plan approval properly granted under the procedures established by this chapter.
H.
Issuance of notices of violation. Whenever in the opinion of the Code Enforcement Officer and after proper inspection there appears to exist a violation of any provision of this chapter or any procedure adopted pursuant thereto, the Code Enforcement Officer shall serve written notice upon the appropriate person responsible for the alleged violation. This notice shall inform the recipient of the following:
(1)
The nature and specific details of the violation.
(2)
The date by which the violation must be remedied or removed, which period shall not exceed 30 days from the date of notice.
I.
Issuance of stop-work orders. Whenever the Code Enforcement Officer has reasonable grounds to believe that work on any building or structure or any use of land is occurring either in violation of the provisions of this chapter, not in conformity with any application made, permit granted or other approval issued hereunder, or in an unsafe or dangerous manner, the Code Enforcement Officer shall promptly notify the appropriate person responsible to suspend work on any such building or structure or the use of any such land. Such person shall immediately suspend such activity until the time that the stop order has been rescinded. The order and notice shall be in writing, shall state the conditions under which the work or use may be resumed, and may be served upon the person to whom it is directed either by delivering it personally to that person or by posting the stop order upon a conspicuous portion of the building under construction or premises in use and additionally sending a copy of the same by certified mail.
J.
Taking of emergency action. If in the opinion of the Code Enforcement Officer a violation exists which requires immediate action to avoid a direct hazard or imminent danger to the health, safety or welfare of occupants of a building or to other persons or the environment, the Code Enforcement Officer may direct that such violation be immediately remedied or may take direct action on his/her own initiative to abate the hazard or danger. Any costs incurred by such action shall be paid for by the owner, occupant or person responsible for the violation. The Code Enforcement Officer shall keep on file an affidavit stating the items of expense and date of execution of action taken and is furthermore authorized to institute a suit, if necessary, against the person liable for such expenses, or place a lien against property, in order to recover the said costs.
§ 315-32 Penalties for offenses.
Violation by any person, firm or corporation of any provision or requirement of this chapter or violation of any statement, plan, application, permit or certificate approved under the provisions of this chapter shall be considered an offense, and, upon conviction thereof, penalties shall be imposed as provided elsewhere in this Code.[1] Each day that a violation is permitted to exist shall constitute a separate offense.
[1]
Editor's Note: See Ch. 1, General Provisions, Art. I, Penalties.
§ 315-33 Nonconforming uses and buildings.
The lawful use of any building existing at the time of the enactment or amendment of this chapter may be continued although such use does not conform to the requirements for the district in which it is located.
A.
Unsafe structures. Any building declared unsafe by a competent authority may be restored to a safe condition.
B.
Extension. A nonconforming use can not be extended.
C.
Completion. Any building authorized by a building permit issued prior to the enactment of this chapter may be constructed in accordance with such permit and the plans on file and approved by the Common Council, provided that the foundation is completed at the time this chapter is enacted or amended and the structure is completed one year thereafter.
D.
Restoration. Any nonconforming building which has been damaged by fire or other causes must be repaired or rebuilt within one year from the date the damage occurred; otherwise, it cannot be rebuilt.
E.
Abandonment. Whenever a nonconforming use of a building or land has been inoperative for any reason whatever for a period of one year, such use shall not thereafter be reestablished.
F.
Changes. A nonconforming use may be changed to a nonconforming use of the same or higher classification; and when so changed to a higher classification, such use thereafter shall not be changed to a lower classification.
§ 315-34 Building permits.
A.
No building shall be erected, relocated, added to or structurally altered until a permit therefor has been issued by the Code Enforcement Officer. Except upon a written order of the Board of Appeals, no such permit shall be issued for any building where said construction, addition or alteration would be in variance with any of the provisions of this chapter.
B.
There shall be submitted with all applications for building permits two copies of a layout or plot plan, drawn to scale, showing the actual dimensions of the lot to be built upon, the exact size and location on the lot of the building and accessory buildings to be erected and such other information as may be necessary for the enforcement of this chapter.
C.
One copy of such layout or plot plan shall be returned, when approved by the Code Enforcement Officer, together with such permit, to the applicant upon the payment of a fee as provided in Chapter 142, Fees.
D.
Building permits must be applied for by the property owner or his legal representative.
§ 315-35 Certificates of occupancy.
A.
No land shall be occupied or used or changed in use and no building hereinafter 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 building and the proposed use thereof or the proposed use of land complies with the provisions of this chapter.
B.
Certificates of occupancy must be applied for by the property owner or his legal representative.
C.
The Code Enforcement Officer shall maintain a record of all building permits and certificates of occupancy, and copies shall be furnished, upon request, to any person having a proprietary or tenancy interest in the building affected.
§ 315-36 Conflicts with other provisions.
Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the more restrictive or that ordinance imposing the higher standards shall govern.
§ 315-37 Site plan review.
A.
Purpose and intent.
(1)
As authorized by General City Law 27-a, it is the intent of these site plan review regulations to promote the health, safety and general welfare of the city. A clean, wholesome, attractive environment is declared to be of importance to the health and safety of the inhabitants of the city and, in addition, such an environment is deemed essential to the maintenance and continued development of the economy of the city and the general welfare of its inhabitants.
(2)
It is further the intent to ensure the optimum overall conservation, protection, preservation, development and use of the natural and man-related resources of the city, by regulating land use activity within the city through review and approval of site plans. It is not the intent to prohibit, per se, any land use activity but to allow all land use activities which will meet the standards set forth.
B.
Authorization to review site plans. The Planning and Development Committee of the Common Council (hereafter referred to as "the city") is hereby authorized to review and approve, approve with modifications, or disapprove site plans for land uses within the city as hereinafter designated pursuant to and in accordance with the standards and procedures set forth in this local law. The city may require that site plans be prepared by a licensed architect, landscape architect, surveyor or engineer. Such requirement shall be made as soon as possible in the application review process as part of determining that an application is complete and shall be based on the complexity of the site features and of the proposed structures(s) or land use as related to same.
C.
Applicability of review requirements.
(1)
In all zoning districts, all new principal uses as defined in the zoning code within the city shall require site plan review and approval before being undertaken, except the following:
(a)
Landscaping or grading which is not intended to be used in connection with a land use subject to review under the provisions of this local law.
(b)
Ordinary repair or maintenance or interior alterations to existing structures or uses.
(c)
Exterior alterations or additions to existing structures which would not increase the square footage of the existing structure by more than 25% and having a cost value of less than $35,000.
[Amended 11-27-2007 by L.L. No. 3-2007; 5-27-2008 by L.L. No. 4-2008]
(d)
Nonstructural agricultural or gardening uses not involving substantial timber cutting.
(e)
Signs in conformance with the Hornell Zoning Code.[1]
[1]
Editor's Note: See § 315-27, Signs.
(f)
The sale of agricultural produce and temporary structures related to sale of agricultural produce.
(g)
Garage, lawn and porch sales not exceeding three days. If such sales take place more often than three times in any calendar year, site plan approval will be required.
(2)
Any person uncertain of the applicability of this section to a given land use activity may apply in writing to the Code Enforcement Office for a written jurisdictional determination.
D.
Effect on existing uses. This site plan review does not apply to uses and structures that are lawfully in existence as of the effective date of this regulation. Any use, which would otherwise be subject to this review, that has been discontinued for a period of one year shall be considered discontinued and subject to review.
E.
Sketch plan advisory option.
(1)
Prior to undertaking any new land use or activity authorized in the applicable zoning district as a special use, a site plan approval is required. Applicants for site plan approval are encouraged to follow the recommended procedures related to the sketch plan conference as hereinafter set forth. Applicants must comply with all other procedures and requirements of site plan review.
(2)
Upon request to the Code Enforcement Officer, a sketch plan conference may be held between the Planning Board and the applicant prior to the preparation and submission of a formal site plan. The intent of such a conference is to enable the applicant to inform the Planning Board of his or her proposal prior to the preparation of a detailed site plan and for the Planning Board to review the basic site design concept, advise the applicant as to potential problems and concerns and to generally determine the information to be required on the site plan, including if the site plan should be completed by a licensed professional. In order to accomplish these objectives, the applicant shall provide to the Code Enforcement Officer and to the Planning Board the following:
(a)
A sketch showing the locations and dimensions of existing and proposed structures, parking areas, access, signs (with descriptions), existing and proposed vegetation, and other planned features; anticipated changes in the existing topography and natural features; and, where applicable, measures and features to comply with flood hazard and flood insurance regulations;
(b)
A general area map showing the location of the parcel under consideration for site plan review, that portion of the applicant's property under consideration for development and any adjacent parcels owned by the applicant, and all adjacent properties, subdivisions, streets, rights-of-way, easements and other pertinent features;
F.
Site plan review procedures.
(1)
Basic procedures.
(a)
Applicants for site plan review shall submit to the Code Enforcement Officer a complete application consistent with the requirements listed. Upon determination by the Code Enforcement Officer that such application is complete and is subject to site plan review, the application shall be placed as a review item on the next available Planning and Development Committee meeting. A copy of the application will also be forwarded to the Chair of the Planning Board. The Planning and Development Committee of the Common Council shall then place the site plan application as a review item on its next available meeting.
(b)
The Planning Board shall have 30 days from the date of the aforementioned meeting to make a recommendation with supporting documentation to the Planning and Development Committee of the Common Council on whether to approve, approve with modifications, or disapprove the proposed site plan. The Planning Board may also extend the time available to make such recommendation, either by mutual agreement with the applicant or when authorized in writing by the Planning and Development Committee.
(2)
Public hearing; when required to be held. The city may conduct a public hearing on the site plan if considered desirable by a majority of its members. Such hearing shall be required within 62 days of the receipt of the complete application from the Code Enforcement Officer for site plan review and shall be advertised in the city's official newspaper or, if there is none, in a newspaper of general circulation in the town at least five days before the public hearing.
(3)
Final decision. Within 62 days of the Code Enforcement Officer's receipt of a complete application for site plan approval or, if a public hearing is held, within 62 days of the close of the public hearing, the city shall render a decision. In its decision the city may approve, approve with modifications, or disapprove the site plan. This time period may be extended by mutual consent of the applicant and city.
(a)
Approval. Upon approval of the site plan, and payment by the applicant of all fees and reimbursable costs due the city, the Planning Board shall endorse its approval on a copy of the site plan and shall immediately file it and a written statement of approval with the City Clerk. A copy of the written statement of approval shall be mailed to the applicant by certified mail, return receipt requested.
(b)
Approval with modifications. The city may conditionally approve the final site plan. A copy of the written statement containing the modifications required by the conditional approval will be mailed to the applicant by certified mail, return receipt requested. After adequate demonstration to the Planning Board that all conditions have been met, and payment by the applicant of all fees and reimbursable costs due the city, the Planning Board shall endorse its approval on a copy of the site plan and shall immediately file it and a written statement of approval with the City Clerk. A copy of the written statement of approval shall be mailed to the applicant by certified mail, return receipt requested.
(c)
Disapproval. Upon disapproval of the site plan, the decision of the city shall immediately be filed with the City Clerk and a copy thereof mailed to the applicant by certified mail, return receipt requested, along with the Planning Board's reasons for disapproval.
(4)
Application requirements.
(a)
An application for site plan approval shall be made initially in writing to the Code Enforcement Officer and shall be accompanied by information contained on the following checklist. Where the sketch plan conference was held, the accompanying information shall be drawn from the following checklist as determined necessary by the Planning Board at said sketch plan conference. A site plan is a rendering or drawing prepared to the following specifications shown in this checklist:
[1]
Title of drawing, name and address of applicant, and person responsible for preparation of such drawing.
[2]
North arrow, scale and date.
[3]
Boundaries of the property plotted to scale by a New York State licensed surveyor. The city may waive this requirement and allow reuse of tax maps or other existing maps as a base map showing the property boundaries when either such preexisting information is available and current or the proposal is of modest scale.
[4]
Location, design, type of construction, proposed use and exterior dimensions of all existing and proposed buildings.
[5]
Grading and drainage plan, showing existing and proposed contours, rock outcrops, depth to bedrock, soil characteristics and watercourses.
[6]
Location, design and type of construction of all parking and truck loading areas, showing access and egress.
[7]
Provision for pedestrian access.
[8]
Location of any proposed outdoor storage.
[9]
Location, design and construction materials of all existing or proposed site improvements, including streets, easements, drains, culverts, retaining walls and fences.
[10]
Description of the method of any new sewage disposal, and location, design and construction materials of such new facilities.
[11]
Description of the method of securing public water, and location, design and construction materials of any new facilities.
[12]
Location of fire and other emergency zones, including the location of fire hydrants.
[13]
Location, design and construction materials of all proposed energy distribution facilities, including electrical, gas and solar energy.
[14]
Location, size and design and type of construction of all proposed signs.
[15]
Location and proposed development of all open areas, including existing vegetative cover.
[16]
Location and design of proposed outdoor lighting.
[17]
Landscaping plan and planting schedule.
[18]
An estimated project construction schedule.
[19]
Identification of any permits from other governmental bodies required for the project's execution.
(b)
As a condition of final approval, the city may require such additional information that appears necessary for a complete assessment of the project.
(5)
Required fee. An application for site plan review shall be accompanied by a fee as established by the Common Council available in the office of the City Clerk. All fees must be paid in full prior to any approval.
(6)
Reimbursable costs. Reasonable costs incurred by the city for consultation fees or other expenses in connection with the technical review of a proposed site plan, including but not limited to administrative, legal and engineering costs, shall be charged to the applicant and collected in accordance with such procedures and fees established by the Common Council.
(7)
Review standards: general standards and considerations.
(a)
As authorized by General City Law 27-a, Subdivision (2), site plan review shall consider, where appropriate, elements related to parking, means of access, screening, signs, landscaping, architectural features, location and dimension of buildings, adjacent land uses and physical features meant to protect adjacent land uses as well as any additional elements specified in the Zoning Code. More specifically, the city's review of the site plan shall include, as appropriate, but is not limited to, the following considerations:
[1]
Location, arrangement, size, design and general site compatibility of buildings, lighting and signs.
[2]
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic control.
[3]
Location, arrangement, appearance and sufficiency of off-street parking and loading.
[4]
Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience and safety.
[5]
Adequacy of stormwater and drainage facilities.
[6]
Adequacy of water supply and sewage disposal facilities.
[7]
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and or noise buffer between the applicant's and adjoining lands, including the maximum retention of existing vegetation.
[8]
Adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
[9]
Special attention to the adequacy and impact of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
[10]
Overall impact on the neighborhood, including compatibility of design considerations, natural features, environmental effects, neighborhood character, lighting and excessive noise or odor.
[11]
Relationship of the various uses to one another and their scale.
[12]
Adequacy of floodproofing and prevention.
[13]
Adequacy of building orientation and site design for consistency with neighboring properties and for energy efficiency. The extent of which the proposed plan conserves energy use and energy resources in the community, including the protection of adequate sunlight for use by solar energy systems.
[14]
Adequacy of open space for play areas, informal recreation and the retention of natural areas such as wildlife habitats, wetlands and wooded areas.
(b)
In its review of a sketch plan, the Planning Board shall consult with the Code Enforcement Officer, and may consult with any other municipal, regional, state or federal official or agency as well as any nongovernmental agency that might provide valuable information on the subject review.
(8)
Review standards: special considerations.
(a)
Conditions. The city shall have the authority to impose such reasonable conditions and restrictions on a site plan approval as are directly related to and incidental to the proposed site plan approval. Upon its approval, any such conditions must be met in connection with the issuance of permits of any agent or officer of the city.
(b)
Reservation of parkland on residential site plans. As authorized by General City Law 27-a, Subdivision (6), The Planning Board may require that a park or parks suitable for recreation purposes be included in the site plan approval or a payment in lieu of such parkland be made to the city consistent with applicable fees. The Planning Board must make a finding of the suitability of such park or parkland to the needs of the city as contributed by the particular site plan and the conditions of the subject property under review prior to any requirement for parkland or payment in lieu thereof. The applicable standards of General City Law 27-a, Subdivision (6)(a-d) shall apply to this review.
(c)
Performance bond or other security. As an alternative to the installation of required infrastructure and improvement, prior to approval by the Planning Board, a performance bond or other security sufficient to cover the full cost of the same, as estimated by the Building Department or Public Works Department, shall be furnished to the city by the applicant.
(d)
State Environmental Quality Review Act compliance required. The State Environmental Quality Review Act (SEQR) requires the City of Hornell to incorporate consideration of environmental impacts into its planning, review and decision-making processes, including land use and development and related zoning and other reviews and decisions required to be made under these regulations. Accordingly, compliance with SEQR shall be an integral part of these regulations. The city shall consider the environmental impacts of land use and development and related construction actions as determined under SEQR as part of and prior to any approval and authorization of actions prescribed in these regulations.
(e)
Standards in the Neighborhood Overlay District. In addition to the other provisions of site plan review, activities subject to review in the Neighborhood Overlay District shall also take into account these additional standards:
[1]
The general design, character and appropriateness of the proposed use.
[2]
The scale of the proposal in relation to its site, surrounding properties and the neighborhood.
[3]
Texture, materials and color for any new construction and their relation to similar features of other properties in the neighborhood.
[4]
Visual compatibility with surrounding properties, including the proportion of the front facade, proportion and arrangement of windows and other openings in that facade roof shape, and the general rhythm of spacing of properties along the street, including setback and building orientation.
[5]
The importance of historic, architectural or other features of significance on or adjacent to the proposed use.
(9)
Appeal procedure. Any person aggrieved by a decision of any officer, department, board, committee or bureau of the city may apply to the Supreme Court for a review by a proceeding under Article 78 of the Civil Practice Law and Rules. Such proceedings shall be instituted within 30 days after the filing of a decision in the office of the City Clerk.
(10)
Appeal for area variance. An applicant for a site plan review at any time during such review may appeal directly to the Zoning Board of Appeals for an area variance consistent with the procedures established in General City Law 27-a.
§ 315-38 Board of Appeals; appeals procedure.
A.
Establishment; membership; meeting.
(1)
A Board of Appeals is hereby established in accordance with the provisions of § 81 of the General City Law applicable thereto. The Common Council may also provide for compensation to be paid to the members of said Board, experts, consultants, attorneys, clerks and/or a secretary and provide for such other expenses as may be necessary and proper, not exceeding the appropriations that may be made by the Common Council for such Board of Appeals.
(2)
The Board of Appeals shall consist of five members appointed by the Mayor, each to serve for a term of five years, except that the terms of the five members first appointed or first serving a five-year term shall be set so that only one member's term expires in any one year pursuant to the provisions of General City Law § 81, Subdivisions 3 and 4. Vacancies for the unexpired term of any members shall be filled for such unexpired period only by the Mayor, or City Manager, if applicable. Pursuant to § 81, Subdivision 2, of the General City Law, no person who is a member of the legislative body of the City of Hornell shall be eligible for membership on the Board of Appeals.
(3)
The Mayor, or City Manager, if applicable, may designate a member of the Board of Appeals to serve as Chairman. If a member is not so designated, the Board of Appeals shall choose its own Chairman and, in his absence, an Acting Chairman. All meetings of the Board of Appeals shall be held at the call of the Chairman and at such other times as the Board may determine.
(4)
Such Chairman or, in his absence, the Acting Chairman may administer oaths and compel the attendance of witnesses.
(5)
All meetings of such Board shall be open to the public. Such Board shall keep minutes of its proceedings, showing the vote of each member on every question. If any member is absent or fails to vote, the minutes shall indicate such fact.
(6)
The concurring vote of three members of the Board shall be necessary to make any decision or take action on any appeal or application or any matter before it which said Board is required to pass upon under the provisions of this chapter.
B.
Appeals procedure.
(1)
Appeals to the Board of Appeals may be taken by any person aggrieved or by an officer, department, board or bureau of the city pursuant to the provisions of § 81-a of the General City Law.
(2)
Such appeal shall be taken within 60 days after the Code Enforcement Officer has taken action on any matter under the provisions of this chapter and after the filing in the City Clerk's office of any order, requirement, decision, interpretation or determination of the Code Enforcement Officer by filing with the Code Enforcement Officer and with the Board of Appeals a notice of appeal specifying the grounds thereof and the relief sought.
(3)
The Code Enforcement Officer from whom the appeal is taken shall forthwith transmit to the Board of Appeals all the papers constituting the record upon which the action appealed from was taken.
(4)
The Board of Appeals shall conform to the procedures set forth in §§ 81-a and 81-b of the General City Law with respect to matters within its appellate jurisdiction and § 315-38C of this chapter and § 27-b of the General City Law with respect to its original jurisdiction over special use permits or special exceptions as set forth below.
(5)
The Board of Appeals may also adopt its own rules of procedure to govern the review of appeals and applications and the conduct of its business. At a minimum, all applications made to the Board of Appeals shall be in writing and on a form prescribed by the Board of Appeals and provided by the City Clerk. Every application shall refer to the specific provisions of the law or action being appealed and shall exactly set forth the interpretation that is claimed, the use for which the variance is sought or the details of the appeal that is applied for and the grounds on which it is claimed that the appeal should be granted, as the case may be. The Board of Appeals may require additional information which it deems necessary for adequate review and evaluation of the interpretation, variance or appeal being sought.
(6)
A hearing shall be held for all appeals, in conformance with the requirements of General City Law § 81-a. Every decision of the Board of Appeals shall contain a full description of reasons for granting or denying the appeal and shall immediately be filed in the office of the City Clerk and copies thereof mailed to the applicant and to the Zoning Officer. The reasons for the Board of Appeals' action shall be set forth in the minutes of the Board of Appeals meeting at which the action was taken. Each member's vote shall be recorded.
(7)
Every rule and regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Board of Appeals shall, within five business days after such decision is rendered or such action taken, be filed in the office of the City Clerk and shall be a public record.
(8)
Required referral.
(a)
A full statement of any appeal that meets the referral requirements of § 239-m of the General Municipal Law shall also be referred at least five days prior to the public hearing to the County Planning Agency for its review, pursuant to § 81-a of the General City Law. Such actions shall include those that affect property located within 500 feet of the following:
[1]
Municipal boundary.
[2]
Boundary of any existing or proposed county or state park or other recreation area.
[3]
Right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway.
[4]
Existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines.
[5]
Existing or proposed boundary of any county- or state-owned land on which a public building or institution is situated.
(b)
No action shall be taken by the Board of Appeals on such appeal until an advisory recommendation has been received from said county bureau or 30 calendar days have elapsed since said county bureau was sent such full statement.
(9)
The Board of Appeals shall comply with the provisions of the State Environmental Quality Review Act and its implementing regulations with respect to any appeal or application before it which requires such compliance.
C.
Powers and duties. The Board of Appeals shall have all the powers and duties prescribed by § 81-b of the General City Law with respect to appeals and § 27-b of the General City Law with respect to special exceptions and by this chapter, which include the following:
(1)
Interpretations: upon appeal from a decision by the Code Enforcement Officer, to decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any zoning district boundary.
(2)
Variances: to vary or adapt the strict application of any of the requirements of this chapter with respect to use variances and/or area variances as such terms are defined in § 81-b of the General City Law. In granting any such variance, the Board of Appeals shall follow the tests prescribed in § 81-b, Subdivisions 3 and 4, of the General City Law. The Board of Appeals may also prescribe any conditions to an area variance and/or use variance that it deems necessary or desirable pursuant to the guidance set forth in § 81-b, Subdivision 5, of the General City Law.
(3)
Referrals/recommendations: to review and provide a recommendation, if required, with respect to any matter or application referred to it pursuant to the provisions of this chapter.
(4)
Special exceptions. When, in its judgment, the public convenience and welfare will be substantially served and the appropriate use of neighboring property will not be injured thereby, the Board of Appeals may, in a specific case, after due notice and public hearing and subject to appropriate conditions and safeguards, determine and vary the application of the regulations of this chapter in harmony with their general purposes and intent as follows:
(a)
Grant, in undeveloped sections of the city, temporary and conditional permits for not more than two years for structures and uses in contravention of the use regulations controlling residence districts, provided that such uses are important to the undeveloped sections, and also provided that such uses are not prejudicial to adjoining and neighboring sections already developed.
(b)
Permit public utility or public service uses or public buildings in any district when found to be necessary for the public health, safety or the general welfare.
(c)
Permit fraternal, society or club buildings in residence zones, provided that they are not used chiefly for a service customarily carried on as a gainful business, and further provided that the applicant files with said Board of Appeals the written consents, duly acknowledged, of the owners of at least 75% of all land, other than city or public streets, within the city which lies outside of and within 600 feet of each boundary line of the lot or lots to be used for such buildings.
(d)
Dwellings on small lots. Notwithstanding the limitations imposed by any other provision of this chapter, the Board of Appeals may permit the erection of a dwelling on any parcel of land separately owned or under contract of sale at the time of the passage of this chapter and containing an area or width smaller than that required for a dwelling under this chapter, provided that the yard dimensions and other requirements shall conform as closely as possible to the requirements for residential districts.
D.
Decisions. The Board of Appeals shall render a decision on an appeal or other application before it within 62 days of the close of the public hearing. Every decision of the Board of Appeals shall be recorded in accordance with standard forms adopted by said Board and shall fully set forth the circumstances of the case and shall contain a full record of the findings on which the decision is based. Every decision shall be by resolution of said Board, with each such decision being filed in the office of the City Clerk within five business days thereof. The Board of Appeals shall also notify the Code Enforcement Officer, the Secretary of the Board of Appeals and any affected municipality given notice of hearing of its decision in each case. If applicable, a report on the action taken shall also be filed within seven calendar days of said action with the County Planning Agency.
E.
Attachment of conditions. In all cases where the Board of Appeals grants a variance from the strict application of the requirements of this chapter, it shall be the duty of said Board to attach such conditions and safeguards as may be required in order that the result of its action shall be as nearly as possible in accordance with the spirit and intent of this chapter and with § 81-b, Subdivision 5, of the General City Law.
F.
Expiration of approval. Unless construction or use is commenced and diligently pursued within one calendar year from the date of the granting of a variance, such variance shall become null and void without further hearing by the Board of Appeals.
G.
Modification of time periods. Any period of time specified in this article may be extended by mutual written consent of the applicant and the Board of Appeals.
H.
Relief from decisions. Any person or persons, jointly or severally aggrieved by any decision of the Board of Appeals, may apply to the Supreme Court of the State of New York for relief through a proceeding under Article 78 of the Civil Practice Law and regulations of the State of New York. Such proceeding shall be governed by the specific provisions of Article 78, except that the action must be initiated as therein provided within 30 days after the filing of the decision of the Board of Appeals in the office of the City Clerk.
§ 315-39 Amendments.
All amendments to this chapter shall be in accordance with the provisions of the General City Law and the City Charter applicable thereto. Such amendments shall require an advisory review by the Planning Board consistent with procedures for such review established by the Common Council. In the absence of such procedures, the Planning Board shall have 30 days from receipt of a proposed amendment to forward to the Common Council such written advisory review.