Kirkland City Zoning Code

A. No building permit or certificate of occupancy shall be issued, except in compliance with the provisions of this chapter, and any amendment thereto, or as directed by the Zoning Board of Appeals under the provisions of Article IX and, in addition, unless the requirements of the Subdivision Regulations of the Town of Kirkland Planning Board, if applicable, have been met. Application for building permits and certificates of occupancy shall be obtained and filed in the office of the Town Clerk.

B. The office of Building Inspector and Zoning Enforcement officer are hereby established.

The Building inspector and Zoning Enforcement officer shall be appointed by the Town Board to serve at its pleasure. It shall be the duty of the Building Inspector to administer the provisions of this chapter and of all rules, conditions and requirements adopted or specified pursuant to the same. The Town Board may appoint one or more Deputy Building Inspectors to exercise any or all of the duties of the Building Inspector. The enforcement of the provisions of this chapter and of all the rules, conditions and requirements adopted or specified pursuant to the same may be made by either the Building Inspector, Zoning Enforcement Officer or other officer as the Town Board may appoint.

C. The Building Inspector shall maintain files, open to the public, of all applications for certificates of occupancy and building Pets along with plans submitted therewith as well as final certificates and Pelts.

D. The Building Inspector shall also maintain records, open to the public, of every complaint of a violation of the provisions of this chapter, as well as action taken as a result of such complaints.

E. The Building Inspector shall submit to the Town Board for insertion in the Board minutes a written report summarizing for the month all building permits and certificates of occupancy issued by him as well as complaints of violations and action taken as a result of such complaints.

A. No building shall be erected, moved, structurally altered, added to, enlarged or a change in its use effected or a change in the use of a property and no excavation for any building shall be begun unless and until a building permit for such action has been issued by the Building Inspector.

B. Applications for building permits shall be submitted in triplicate on a form or forms provided by the Town Clerk. Each application shall set forth the purpose for which the building is intended to be used and a general description of the structure to be erected and shall be accompanied by a plot plan showing the dimensions of required yards, floor elevations and street and lot grades. (See Appendix A.)16 The Building Inspector may require such additional information, other than that called for on the application form, as may reasonably be needed for him to determine if the proposed building, its use and the use of the land are in conformity with the provisions of this chapter.

C. The building permit, when signed and issued by the Building Inspector, shall be posted conspicuously on the premises facing the street or road where the permit authorizes the work to be done. Said building permit shall remain posted until all such construction for which the permit was issued has been completed.

D. A building permit for a conforming use shall expire in six months unless the construction authorized by such permit shall have been started and vigorously prosecuted during that time. The Town Board may extend the building permit for one six-month period if, in its judgment, the facts in the particular situation warrant such extension. Construction shall be initiated within six months of the date of extension of the permit. Failure to do so shall nullify the permit. Final exterior construction shall be completed within 24 months of the date of the issuance of the building permit.

E. The Building Inspector shall inspect the site at the commencement of the initial site work. The date shall be estimated in the building permit application. This inspection should always precede completion of any major foundation work which would effectively commit the construction to a precise location. At this time, the Building Inspector shall substantiate full compliance with the building permit application and this chapter.

A. A certificate of occupancy is required for any of the following. No certificate shall be issued unless the work has been substantially completed in accordance with the plans and specifications.

(1) Occupation and use of a building hereafter erected, altered, moved or extended.

(2) Change in the use of an existing building.

(3) Occupancy and use of vacant land, except for agricultural use.

(4) Change in the use of land, except for agricultural use.

B. A certificate of occupancy shall be issued only if the proposed use of the building or land conforms to the provisions of this chapter. The Building Inspector shall make or cause to have made an inspection of each building or lot for which a certificate of occupancy has been applied before issuing such certificate. Such inspection and determination shall be made within 10 days from the date of application, Saturdays, Sundays and legal holidays excepted. Failure to make such inspection and determination within the specified period of time shall not be deemed to be an approval or a disapproval of the application for certificate of occupancy.

A. Any person or corporation, whether as owner, or lessee, agent or employee, who or which shall violate any of the provisions of this chapter; or who or which fails to comply with any order or regulation made thereunder; or who or which erects, alters, moves or uses any building or uses any land in violation of any detailed statement of plans submitted by him and approved under the provisions of this chapter shall be guilty of a violation.

B. A violation of this chapter or of such ordinance or regulation is hereby declared to be an offense, punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and, upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both; in accordance with the provisions of Article 16 of the Town Law, and any amendments thereto, and any other statutes relating thereto.

C. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter or of such ordinance or regulation shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations.

D. Each week’s continued violation shall constitute a separate additional violation.

E. A person or corporation who in violation of this chapter constructs a structure which is in violation of the terms of this chapter or uses the premises in violation of this chapter shall be presumed to have knowledge of those sections of this chapter which are violated. Said person or corporation shall have no benefit whatsoever (including but not limited to economic hardship) by already having completed construction or engaged in use of the premises in violation of this chapter at such time as such construction or use is being considered and/or determined by the Planning Board, Zoning Board of Appeals or any enforcement and/or administrative officials of the Town of Kirkland.

F. In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is used, or any land is divided into lots, blocks or sites in violation of this chapter or of any ordinance or other regulation made under authority conferred thereby, the proper local authorities of the Town, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, use or division of land, 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.

G. Upon the failure or refusal of the proper local officer, board or body of the Town to institute any such appropriate action or proceeding for a period of 10 days after written request by a resident taxpayer of the Town so to proceed, any three taxpayers of the Town residing in the district wherein such violation exists, who are jointly or severally aggrieved by such violation, may institute such appropriate action or proceeding in like manner as such local officer, board or body of the Town is authorized to do.

Pursuant to §§ 239-1 and 239-m of the General Municipal Law of the State of New York, certain classes of zoning actions shall be referred to the Oneida County Department of Planning before final action is taken.

A. The actions to be referred include the following:

(1) Any municipal zoning regulation, or any amendment thereof, which would change the district classification of or the regulations applying to real property lying within a distance of 500 feet from:

(a) Any municipal boundary.

(b) The boundary of any existing or proposed county or state park or other recreation area.

(c) The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway.

(d) The existing or proposed boundary of any county or state owned land on which a public building or institution is situated.

(2) Any special permit or variance affecting such real property within such distance of 500 feet. The term “special permit” shall be deemed to include any special permit, use permit, exception or other special authorization which a Zoning Board of Appeals, Planning Board or legislative body is authorized to issue under the provisions of this chapter.

B. Within 30 days after receipt of such referred matter, the Oneida County Planning Department shall report its recommendations thereon to the referring municipal body. If the county agency fails to report within such period or within such mutually agreed extension thereof, the municipal body may act without such report. If the county agency disapproves the proposal or recommends modifications thereof, the municipal body shall not act to the contrary, except by a vote of a majority plus one of its full membership and after adoption of a resolution fully setting forth the reasons for such contrary action.