Le Roy Town City Zoning Code
ARTICLE VIII
Administration and Enforcement
§ 165-42 Compliance required; enforcement.
No board, agency, officer or employee of the Town shall issue, grant or approve any permit, license, certificate or other authorization for any construction, reconstruction, alteration, enlargement or moving of any building or structure or for any use of land or building that would not be in full compliance with the provisions of this chapter, except as permitted under § 165-46B(3). Any such permit, license, certificate or other authorization issued, granted or approved in violation of the provisions of this chapter shall be null and void and of no effect without the necessity of any proceedings or revocation or nullification thereof.
Unless otherwise provided, the Code Enforcement Officer and any other person designated for the purpose shall enforce the provisions of this chapter and any rules and regulations made or as may be made in furtherance thereof. For such purposes he or other designated person may, from time to time and at reasonable hours, enter and inspect any such building, structure or premises and may perform any other act or duty necessary for the proper enforcement thereof.
§ 165-43 Records and reports.
The Code Enforcement Officer shall keep a permanent record, including all pertinent maps and plans, of all applications for building permits and certificates of occupancy.
The Code Enforcement Officer shall also keep a permanent record of all violations of this chapter, whether reported by private citizens or by any board, agency, officer or employee of the Town, and such record shall show the disposition of all such violations.
The Code Enforcement Officer shall make a report to the Town Board, in writing, at least once each month, reporting the number and type of building permits and certificates of occupancy issued and listing all reported or continuing violations of this chapter and disposition or pending action of such violations.[1]
§ 165-44 Certificate of occupancy; fee.
It shall be unlawful for an owner to use or permit the use of any building or premises or part thereof hereinafter created, erected, changed, converted or enlarged, wholly or partially in its use or structure until a certificate of occupancy shall have been issued by the Code Enforcement Officer. Such certificate shall state that such building or premises or part thereof and the proposed use thereof are in complete conformity with the provisions of this chapter. It shall be the duty of the Code Enforcement Officer to issue a certificate of occupancy, provided that the building and the proposed use of the building or premises conform with all of the requirements herein set forth.
Application for such a certificate shall be made on an official form and filed with the Code Enforcement Officer. Within 10 days thereafter, the Code Enforcement Officer shall act thereon by either issuing a certificate or by denying the application. He shall forthwith notify such owner or applicant, in writing, personally or by mail, of his decision. Every applicant for a certificate of occupancy shall pay therefor to the Town Clerk a fee as set from time to time by resolution of the Town Board.[1]
Under such rules and regulations as may be established by the Town Board, a temporary certificate of occupancy for part of a building may be issued.
A certificate of occupancy shall be deemed to authorize and is required for both initial, continued or changed occupancy and the use of the building or land to which it applies. It shall continue in effect as long as such building and the use thereof and the use of such land are in full conformance with the provisions of this chapter and any requirements made in connection therewith at the time of the issuance thereof. The details of any plan or site plan approved by the Town Board, Planning Board or Board of Appeals acting under the terms of this chapter and any conditions attached to such approval shall be deemed to be such requirements.
Upon the service of notice by the Code Enforcement Officer of any violation of any of the provisions or requirements with respect to any building or the use thereof or of land, the certificate of occupancy for such use shall thereupon become null and void.
A copy of a certificate of occupancy shall be furnished, upon request, to any person having a proprietory or tenancy interest in the building affected. Upon request and by payment to the Town of a fee as set from time to time by resolution of the Town Board, the Code Enforcement Officer shall issue a certificate of occupancy for any building or premises, certifying, after inspection, that the extent and kind of use and disposition conforms to the provisions of this chapter.[2]
§ 165-45 Penalties for offenses; other remedies.
Any person, firm, corporation or other entity who shall violate any provisions of this chapter or who shall violate any other regulations made under authority conferred thereby or who shall knowingly assist any other in the violation thereof by any architect, engineer, builder, contractor, subcontractor, employee or other person lawfully employed upon his premises or in connection therewith or who shall fail to comply therewith or with the requirements thereof or who shall build, add to, alter or locate any building or other structure in violation thereof, or in violation of any detailed plan or statement submitted and approved as in this chapter provided or who shall knowingly assist therein or who shall use any land, building, or premises in violation thereof or who shall design any building or other structure to be used in violation of this chapter or such regulations made supplemental thereto shall be guilty of an offense as set forth in § 268 of the Town Law and shall be liable to 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, 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 of a third or subsequent offense, all of which were committed within a period of five years, by a fine of not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. Each week's continued violation thereof shall constitute a separate additional violation. In addition to the foregoing punitive and remedial provisions, the Town shall have such other remedies for any violation or threatened violation of this chapter as now or hereafter may be provided by law.
[Amended 9-25-1989 by L.L. No. 1-1989]
In case any building or structure is erected, constructed, reconstructed, altered, converted, located or maintained or any building, structure, land or premises is used in violation of this chapter or any regulation made pursuant thereto or under authority conferred thereby, in addition to other lawful remedies, any appropriate action or proceedings may be instituted to prevent such unlawful erection, construction, alteration, conversion, repair, maintenance or use to restrain, correct or abate such violation, to prevent the occupancy of such building, land or premises or to prevent any illegal act, conduct, business or use in or about such premises. The Code Enforcement Officer shall serve written notice, either by personal service or by certified mail, return receipt requested, addressed to the premises of such violation or the person or corporation committing or permitting the same, and, if such violation does not cease within such time as the Code Enforcement Officer shall specify by not less than five days, he may institute such of the foregoing action as may be necessary to determine the violation. Such notice may also be served by posting on the premises.
§ 165-46 Board of Appeals.
Organization. A Board of Appeals, as heretofore established by the Town Board, is hereby maintained.
Powers and duties.
General. The Board of Appeals shall have all the powers and duties prescribed by Town law and by this chapter, which powers and duties are summarized and more particularly specified as follows, provided that none of the following sections shall be deemed to limit any of the power of the Board of Appeals that is conferred by the Town Law. The Board of Appeals shall adopt such rules and regulations as may be necessary or proper to the performance of its powers and duties hereunder and may amend or repeal the same. All provisions of this chapter relating to the Board of Appeals shall be strictly construed; the Board, as a body of limited jurisdiction, shall act in full conformity with all provisions of law and of this chapter and in strict compliance with all limitations contained herein.
Interpretation. On appeal from an order, requirement, decision or determination made by an administrative official charged with the enforcement of this chapter, the Board of Appeals shall have authority to decide any question involving the interpretation of any provision of this chapter, including determination of the exact application of the rules specified in § 165-5.
Use variances.[1]
The Zoning Board of Appeals, on appeal from the decision or determination of the Code Enforcement Official, shall have the power to grant use variances, authorizing a use of the land which otherwise would not be allowed or would be prohibited by the terms of this chapter.
No such use variance shall be granted by the Zoning Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant shall demonstrate to the Zoning Board of Appeals that:
The applicant cannot realize a reasonable return, provided that lack of return is substantial, as demonstrated by competent financial evidence;
The alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the zone district or neighborhood;
The requested use variance, if granted, will not alter the essential character of the neighborhood; and
The alleged hardship has not been self-created.
The Zoning Board of Appeals, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
Area variances.[2]
The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of the Code Enforcement Officer, to grant area variances from the area or dimensional requirements of this chapter.
In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination, the Board shall also consider:
Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance;
Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than an area variance;
Whether the requested area variance is substantial;
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or zone district; and
Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Zoning Board of Appeals but shall not necessarily preclude the granting of the area variance.
The Zoning Board of Appeals, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
Conditions and safeguards. In all cases where the Board of Appeals authorizes the issuance of a building permit or occupancy permit under any of the above powers, it shall be the duty of said Board to attach such conditions and safeguards as may be required to protect the public health, safety, morals and general welfare.
Appeals; how taken to Board of Appeals. All appeals and applications to the Board of Appeals shall be taken in the manner prescribed by law and within such time as shall be prescribed by the Board of Appeals by general rule. All such appeals and applications to the Board shall be made by the owner or agent duly authorized, in writing, and shall be on forms prescribed by the Board. Each appeal or application shall fully set forth the circumstances of the case, shall refer to the specific provisions of the chapter involved and shall exactly set forth, as the case may be, the interpretation that is claimed, the details of the adjustment that is applied for and the grounds for which it is claimed that the same should be granted or the use for which a permit is sought.[3]
[3]
Editor's Note: Original Section 654, Notice of hearing, which immediately followed this subsection, was repealed 9-25-1989 by L.L. No. 1-1989.
Referral to Planning Board. At least 10 days before the date of the hearing required by law on an application or appeal to the Board of Appeals, the Secretary of said Board shall transmit to the Secretary of the Planning Board a copy of said application or appeal, together with a copy of the notice of the aforesaid hearing, and the Planning Board may, prior to or on the date of said hearing, submit to the Board of Appeals an advisory opinion on said application or appeal.
Action by Board of Appeals. Every decision of the Board of Appeals shall be by resolution, shall be recorded in accordance with standard forms adopted by the Board and shall fully set forth the circumstances of the same and the findings on which the decision was based. Timely notice of all decisions shall be given to all parties to the proceedings. The Board shall, within five business days, file a copy of each such resolution in the office of the Town Clerk, together with all supporting documents, and a copy of said resolution with the Planning Board and the Code Enforcement Officer. The Board of Appeals shall report to the Town Board periodically, at intervals of not greater than three months, summarizing all applications and appeals made to it since its last previous report and summarizing its decisions on such applications and appeals. A copy of such report shall be filed with the Planning Board and the Code Enforcement Officer at the same time that it is filed with the Town Board.[4]
Court Review; how taken on Board of Appeals actions. Any person or persons jointly or severally aggrieved by any decision of the Board of Appeals or any officer, department, board or bureau of the Town may apply to the Supreme Court for relief in the manner provided by law.
§ 165-47 Referrals to County Planning Board.
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 Genesee County Planning Board before final action is taken.
Proposed actions subject to referral.[1]
The following proposed actions shall be subject to the referral requirements of this section, if they apply to real property set forth in Subsection B(2) of this section:
Adoption or amendment of a Comprehensive Plan pursuant to § 272-a of the Town Law;
Adoption or amendment of a zoning local law;
Issuance of special use permits;
Approval of site plans;
Granting of use or area variances;
Other authorizations which a referring body may issue under the provisions of any zoning local law.
The proposed actions set forth in Subsection B(1) of this section shall be subject to the referral requirements of this section if they apply to real property within 500 feet of the following:
The boundary of any city, village or town;
The boundary of any existing or proposed county or state park or any other recreation area;
The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway;
The 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;
The existing or proposed boundary of any county- or state-owned land on which a public building or institution is situated; or
The boundary of a farm operation located in an agricultural district, as defined by Article 25-AA of the Agriculture and Markets Law, except this subsection shall not apply to the granting of area variances.
Within 30 days after receipt of such referred matter, the Genesee County Planning Board 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 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.
§ 165-48 Construction previously begun.
Any building, extension or alterations for which a permit has been duly granted, the construction of which has been started before the effective date of this chapter or of an amendment thereto, and the ground story framework of which, including the second tier of beams, has been completed within one year after the adoption of this chapter or an amendment thereto, may be completed in accordance with plans on file with the Code Enforcement Officer, provided that such construction is completed within one year of the adoption of this chapter or an amendment thereto. If any of the requirements shall not have been fulfilled within the prescribed period or if the building operations are discontinued for a period of six months, any other construction shall be in conformity with the provisions of this chapter.