Livonia City Zoning Code
ARTICLE II
Administration
§ 150-6 Enforcement.
It shall be the duty of the Code Enforcement Officer to keep a record of all applications for permits and a record of all permits issued with a notification of all special conditions relating thereto. Such records shall be filed in the Building and Zoning Department and shall be available for use by the Board of Assessors of the Town of Livonia and the Municipal Clerk. The Board of the Town or the Village of Livonia shall issue no permit for the use of any property not in conformity with the requirements of this chapter and all other regulations of the Town or Village of Livonia.
§ 150-7 Duties of Code Enforcement Officer.
A.
For the purpose of this chapter, it shall be the duty of the Code Enforcement Officer, or any duly authorized assistants, to cause any plans, buildings or premises to be examined or inspected to determine that they are not in violation of the provisions of this chapter and to issue certificates and permits as outlined in the following section.
B.
If, in the course of work, the Code Enforcement Officer determines that any plans, buildings or premises are in violation of the provisions of this chapter, he/she shall order the responsible party in writing to remedy such conditions. Said written order shall specify the nature of the violation found to exist, the remedy ordered and the time permitted for such action, the penalties and remedies which may be invoked, and the violator's right of appeal, all as provided for by this chapter.
C.
On the serving of notice by the Code Enforcement Officer to the owner of any property in violation of any of the provisions of this chapter, the certificate of occupancy for such building or use shall be held null and void. A new certificate of occupancy shall be required for any further use of such building or premises.
D.
The Code Enforcement Officer shall maintain a permanent record of all matters considered and all action taken. Such records shall form a part of the records of the office and shall be available for use by the governing board and other municipal officials and available for inspection by the public.
§ 150-8 Certificates and permits.
A.
The certificates and permits enumerated herein are hereby established for the equitable enforcement and administration of the provisions of this chapter. A zoning permit or conditional use permit shall be a prerequisite to the erection or alteration, use or change of use of a building, structure or land.
B.
Zoning permit. The Code Enforcement Officer is hereby empowered to issue a zoning permit for any plans regarding the construction or alteration of any building or part of any building, or the change in the use of any land or building or part thereof, where it has been determined that such plans are not in violation of the provisions of this chapter.
C.
Conditional use permit. Upon written direction of the Joint Zoning Board of Appeals or the Joint Planning Board, the Code Enforcement Officer is hereby empowered to issue any conditional use permit provided for by this chapter. Conditional permit uses are those uses having some special impact or uniqueness which requires a careful review of their location, design, configuration and special impact to determine, against fixed standards, the desirability of permitting their establishment on any given site. They are uses which may or may not be appropriate in a particular location depending on a weighing, in each case, of the public need and benefit against the local impact and effect.
D.
Certificate of occupancy, temporary certificate of occupancy and certificate of compliance. The Code Enforcement Officer is hereby empowered to issue a certificate of occupancy, temporary certificate of occupancy and certificate of compliance pursuant to § 76-7 of this Town Code, which shall certify that all provisions of this chapter have been complied with in respect to the location and use of the building, structure or premises in question. The Code Enforcement Officer is also empowered to issue a certificate of occupancy for nonconforming uses, provided that the nonconforming use is defined and the sections of nonconformance with this chapter are listed.
§ 150-9 Application procedures.
A.
Procedures for a zoning permit.
(1)
All applications for a zoning permit shall be made to the Code Enforcement Officer in the detail specified in § 150-10 of this article. Where the proposed use is a permitted agricultural operation or a single- or two-family residential use or accessory use in a residential district, and not subject to the land conservation requirement of Article VII, § 150-69, the Code Enforcement Officer shall carefully consider the application for compliance with this chapter and either issue or deny a zoning permit. When the application is for any other use in any district, a preliminary site plan application, in accordance with Article XIV, shall serve as the zoning permit application, and the Joint Planning Board shall be responsible for reviewing compliance with this chapter and directing the Code Enforcement Officer to approve with conditions or deny an application.
(2)
Zoning permits shall be issued in duplicate, and one copy shall be posted conspicuously on the premises while any alterations are being completed.
B.
Procedures for appeal. Should an applicant choose to appeal a decision by the Code Enforcement Officer denying issuance of a zoning permit, an application for an appeal shall be filled out and submitted along with supporting documents to the Building and Zoning Department office for referral to the Joint Zoning Board of Appeals for action. Where applicable under §§ 239-m and 239-n of the General Municipal Law, one copy of the application shall also be submitted to the County Planning Board.
C.
Procedures for conditional use permit. All applications for conditional use permits shall be made to the Building and Zoning Department office. The Code Enforcement Officer, after determining that an application is in proper form, shall transmit one copy of the application and all supporting documents to the Joint Zoning Board of Appeals or the Joint Planning Board for action thereon. Where applicable under §§ 239-m and 239-n of the General Municipal Law, one copy of the application shall also be submitted to the County Planning Board.
D.
Procedures for a certificate of occupancy. Following the completion of the construction, reconstruction or alteration of any building, or where a change in the use of a structure is proposed, the applicant shall transmit by registered mail or deliver in person to the Code Enforcement Officer a letter stating that such construction has been completed or that a new use has been proposed. Within seven days of the receipt of this letter, the Code Enforcement Officer shall make all necessary inspections of the completed structure or proposed use to determine the conformance with this chapter. A certificate of occupancy shall be issued only if the Code Enforcement Officer finds that the construction or proposed use complies with all the requirements and provisions of this chapter.
§ 150-10 Application details.
A.
Application for a zoning permit (site plan review not required). Each application for a zoning permit shall be made on forms available from the Building and Zoning Department office. The materials to be submitted with the application shall clearly show the conditions on the site at the time of the application, the features of the site which are to be incorporated into the proposed use or building, and the appearance and function of the proposed use or building. At a minimum, the application shall include the following information and plans for both before and after conditions.
B.
Application for a conditional use permit. Each application for a conditional use permit shall be made on forms available from the Building and Zoning Department office and shall contain at least the following information:
(1)
The applicant's name and address and interest in the subject property.
(2)
The owner's name and address, if different than the applicant, and the owner's signed consent to the filing of the application.
(3)
The street address or legal description of the subject property.
(6)
An agricultural data statement if the proposed use is located on or within 500 feet of a farm operation in a county agricultural district.
(7)
Any additional information which may be required to demonstrate compliance with any additional standards imposed on the conditional permit use by the particular provision of this chapter authorizing the conditional use.
§ 150-11 Application fees.
Each application for a permit provided for by this article shall be accompanied by a fee, payable in cash or other form of security, approved by the Municipal Attorney in accordance with the schedule adopted by resolution of the governing board, which may be changed from time to time at the Board's discretion.
§ 150-12 Public hearing.
The Joint Zoning Board of Appeals shall conduct a public hearing on applications referred to it by the Code Enforcement Officer in accordance with the procedures and requirements established in Town Law § 267-a and Village Law § 7-712-a for appeals and Town Law § 274-a and Village Law § 7-725-b for conditional use permits. The Joint Planning Board shall hold a public hearing on applications referred to it for conditional use permit and/or site plan review. For conditional use permits in residential and mixed use or mixed use hamlet districts requiring site plan approval from the Joint Planning Board, the hearing may be a joint hearing with the Joint Planning Board and the Zoning Board of Appeals. Public notice of all such hearings shall be printed in a newspaper of general circulation at least five days prior to the date of the hearing.
§ 150-13 Joint Zoning Board of Appeals action on permit applications.
Within 62 days from the date of such public hearing, and following a report back by the County Planning Board, when applicable, the Joint Zoning Board of Appeals shall by resolution either approve, approve with conditions or disapprove the application so heard. In approving the application for a conditional use permit, the Board may impose reasonable conditions and restrictions directly related and incidental to the proposed conditional use permit.
A.
If an application is approved by the Joint Zoning Board of Appeals, the Code Enforcement Officer shall be furnished with a copy of the approving resolution of the Board and shall issue the permit applied for in accordance with the conditions imposed by the Board.
B.
If any application is disapproved by the Joint Zoning Board of Appeals, the reasons for such denial shall be set forth in the Board's resolution, and a copy of such resolution shall be transmitted to the Code Enforcement Officer. The Code Enforcement Officer shall deny the application accordingly by providing the applicant with a copy of the Board's reasons for disapproval.
C.
The Code Enforcement Officer shall maintain a record of all approved or denied applications. Such permanent record shall be available to the Municipal Clerk, the Town Assessor and, where applicable, the County Planning Board.
§ 150-14 Revocation and expiration of permits.
A.
The Code Enforcement Officer may revoke a zoning permit at any time if it appears that the application is in any material respect false or misleading or that work being completed differs materially from that proposed in the application.
B.
Any zoning permit or conditional use permit not exercised within one calendar year from its date of issuance shall become null and void.