Manchester Village City Zoning Code
ARTICLE III
Administration and Enforcement
§ 290-13 Code Enforcement Officer.
The duty of administering and enforcing the provisions of this chapter is hereby conferred upon the Code Enforcement Officer, who shall have such powers as are conferred upon him by this chapter. The Code Enforcement Officer shall be appointed by the Village Board and shall carry out any directives from the Board relative to the duties of the position set forth in § 290-14 below. The Code Enforcement Officer shall receive such compensation as the Village Board shall determine.
§ 290-14 Duties of Code Enforcement Officer.
It shall be the duty of the Code Enforcement Officer or 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. In the fulfillment of their duties, the Code Enforcement Officer or authorized assistants may enter any premises or building during reasonable hours in the course of their duties in accordance with state law after due written notice has been given.
If the Code Enforcement Officer shall find that any of the provisions of this chapter are being violated, he shall notify, in writing, the person responsible for such violations, indicating the nature of the violation and ordering the action to correct it. In his efforts to attain compliance, the Code Enforcement Officer shall have the authority to order discontinuance of illegal uses of land, buildings or structures; removal of illegal buildings or structures or illegal additions, alterations or structural changes; stopping of work; or discontinuance of any illegal work being done. On the serving of notice by the Code Enforcement Officer to the owner of any property violating any of the provisions of this chapter, the certificate of occupancy or certificate of compliance, as appropriate, for such building or use shall be held null and void. A new certificate of occupancy and/or compliance shall be required for any further use of such building or premises.
It shall be the duty of the Code Enforcement Officer to issue permits and certificates to applicants who fully comply with the provisions of this chapter.
The Code Enforcement Officer shall maintain a permanent and current record of all applications for permits and certificates, his action upon same, any conditions relating thereto and any other matters considered and action taken by him. Such records shall form a part of the records of his office and shall be available for use by Village officials and for inspection by the public. The records to be maintained shall include the following:
Application file. An individual permanent file for each application for a permit or certificate provided for herein shall be established at the time the application is made. Said file shall contain one copy of the application and all supporting documents and plans; notations regarding pertinent dates and fees; one copy of any resolutions or actions of the Village Board, Planning Board or Zoning Board of Appeals in acting on the application; and the date the permit or certificate applied for was issued or denied.
Monthly report. The Code Enforcement Officer shall prepare a monthly report for the Village Board. Said report shall cite all actions taken by the Code Enforcement Officer, including all referrals made by him; all permits and certificates issued and denied; all complaints of violation received and all violations found by him and the action taken by him consequent thereon; and the time spent and mileage used. A copy of this monthly report shall also be transmitted by the Code Enforcement Officer to the Tax Assessor, Planning Board and Board of Appeals at the same time it is transmitted to the Village Board.
Whenever the Code Enforcement Officer denies a permit or certificate, he shall, in writing, inform the applicant of the specific reasons for denial and instruct the applicant on the proper methods to apply for relief.
The Code Enforcement Officer shall maintain a current list and a map of nonconforming uses to determine if discontinuance or destruction or change in use or vacancy has taken place.
The Code Enforcement Officer shall maintain a current list and a map showing the variances and special use permits to determine if the conditions and safeguards placed on variances and special permits are being complied with.
Upon written direction from the Planning Board, the Code Enforcement Officer shall issue special use permits. Upon approval of a variance by the Board of Appeals, the Code Enforcement Officer shall be empowered to issue the necessary permits with the specific conditions to be imposed.
The Code Enforcement Officer shall be authorized and empowered to issue appearance tickets pursuant to the New York State Criminal Procedure Law.
§ 290-15 Issuance of certificates and permits.
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 special use permit shall be a prerequisite for an application for a building permit for the erection or alteration of a building, structure or use thereof or for the change in the use of any land area or existing building. Permits issued pursuant to this section shall expire in 12 months unless the project is completed. The Code Enforcement Officer or designee may grant an extension for time of completion and include any conditions or requirements deemed necessary or desirable. Applicants shall justify the need for the proposed extension. Unless such an extension is requested and approved, further work as described in the canceled permit shall not proceed until a new permit has been obtained. If a project is not initiated within six months of the issuance of the permit, the permit issued shall be considered null and void.
Zoning permit.
The Code Enforcement Officer or designee is hereby empowered under the procedures and requirements specified in § 290-16 to issue a zoning permit for any plans regarding the construction or alteration or demolition of any building or part of any building or the change in the use of any land area or part thereof or for the change in use of any existing building, where he shall determine that such plans are not in violation of the provisions of this chapter.
No building or structure shall be erected, moved, added to or structurally altered or changed in use without a zoning permit therefor issued by the Code Enforcement Officer or designee. No zoning permit shall be issued by the Code Enforcement Officer or designee except in conformity with the provisions of this chapter, unless he receives a written order from the Board of Appeals in the form of an administrative review or variance as provided by this chapter.
Temporary use permit. Upon written direction of the Village Board, the Code Enforcement Officer or designee is hereby empowered to issue a temporary use permit. A temporary use permit shall only be effective for a period of not to exceed three months; said permit may be extended by the Village Board not more than once for an additional period not to exceed three months.[1]
Special use permit. Upon written direction of the Planning Board, the Code Enforcement Officer or designee is hereby empowered to issue a special use permit as provided for by this chapter.
Uses permitted by special permit shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth in Article X in addition to all other requirements of this chapter. All such uses are hereby declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case.
A special use permit shall authorize only one particular special use. The special use permit shall expire if the use shall cease for more than one year for any reason.
No person shall be issued a special use permit for a property where there is an existing violation of this chapter. Before any special use permit shall be issued, the Planning Board shall make written findings certifying compliance with the specific rules governing individual special permit uses and that satisfactory provision and arrangement has been made relative to the following additional concerns:
Ingress and egress to the property and proposed structures thereon, with particular reference to vehicular and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe.
Off-street parking and loading areas where required, with particular attention to the items in Subsection C(3)(a) above and the noise, glare or odor effects of the special permit use on adjoining properties and properties generally in the district and the economic impact of the proposed special permit use.
Utilities as appropriate, with reference to locations, availability and compatibility.
Storm drainage, including potential impact on downstream properties.
Screening and buffering, with reference to type, dimensions and character.
Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the district.
Required yards and other open space.
General compatibility with adjacent properties and other properties in the zone district.
The Code Enforcement Officer or designee shall inspect the premises of a use authorized and approved with a special use permit not less than one time each calendar year. The inspection shall determine that the use is being operated consistent with the terms and conditions established by the Planning Board in approving the permit. If the Code Enforcement Officer or designee shall determine that the conditions are not in compliance with the permit, the Code Enforcement Officer or designee shall nullify the special use permit and set forth the procedures and requirements for reestablishing the use. The use may not be operated until a new application is submitted and approved.
§ 290-16 Application procedures.
Zoning permits. No building or structure shall be begun, nor shall any building or structure be extended or structurally altered, nor shall any use of a building or land be changed until a zoning permit is issued by the Code Enforcement Officer or designee and a building permit, if required, is issued by the Code Enforcement Officer or designee. The Code Enforcement Officer or designee shall in no case, except under a written order of the Board of Appeals, issue any permit for any building or structure or use where the proposed construction, alteration or use thereof would be in violation of any provision of this chapter.
All applications for zoning permits shall be made in quadruplicate to the Code Enforcement Officer or designee on forms supplied by him in the detail specified in § 290-17 of this chapter.
One copy of the application and supporting documents shall be returned to the applicant by the Code Enforcement Officer or designee after he shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. The original and all remaining copies of the application, similarly marked, shall be retained by the Code Enforcement Officer or designee.
Where the proposed use is for the expansion or structural alteration of an existing single-family dwelling or the erection of an accessory use or structure in a residential district, the Code Enforcement Officer or designee shall carefully consider the application for compliance with this chapter and may either issue or deny the permit applied for within 30 days after receipt of a complete application and determination of environmental significance. In the event of disapproval, the reasons shall be stated clearly in writing. The Code Enforcement Officer or designee shall deny a zoning permit until such conditions upon which the disapproval are based have been corrected.
When the application is for any other permitted use in any zone, the Code Enforcement Officer or designee shall, prior to the issuance of any permit, refer a copy of the zoning permit application, environmental assessment and site plan to the Planning Board for site plan approval in accordance with § 290-16B of this chapter.
The Code Enforcement Officer or designee shall also transmit a copy of the complete application, environmental assessment and site plan to the County Planning Board for review when required under Article 12-B, § 239-m, of the General Municipal Law and to neighboring municipalities when required under General Municipal Law § 239-nn. This transmission shall be made concurrent with the referral of the application to the Planning Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
All zoning permit applications shall be reviewed to determine that the proposed site development plan is consistent with the goals and objectives of the Village's Comprehensive Plan; that the proposed improvements are sufficient to adequately serve the proposed use; that adjacent properties are protected from potential negative impacts; and that potential adverse environmental impacts are identified and appropriate mitigation measures have been proposed.
The Planning Board shall carefully consider the proposed development or construction and make a decision to approve, approve with conditions or deny the proposed application within 62 days after the receipt of a complete application from the Code Enforcement Officer or designee. The Planning Board may not act within the first 30 days; however, unless a report, if applicable, is received from the County Planning Board. In approving said application, the Board may impose any conditions it determines to be in the best interests of the Village and sound land use planning. All decisions of the Planning Board shall be in writing and shall be transmitted directly to the applicant.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Prior to taking action on the application, the Planning Board may conduct a public hearing on the proposal. If a public hearing is considered desirable, such public hearing shall be conducted within 62 days of the receipt of the complete application and shall be duly advertised in the official newspaper of the Village. If a public hearing is held on an application, the time period within which the Planning Board shall act on the proposal shall be extended up to a maximum of 30 days following the date of the public hearing prior to reaching a final decision.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
If the Planning Board does not act on an application within 62 days of the receipt of a complete application from the Code Enforcement Officer or designee or within 30 days following a public hearing on an application, the application shall be approved and the Code Enforcement Officer or designee shall issue the permit.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The period of time available for the Planning Board to act on an application may be extended by mutual agreement of the applicant and the Planning Board.
Site plan approval.
Each application for a zoning permit which is dependent upon site plan approval by the Planning Board shall initially be made to the Code Enforcement Officer or designee. The Code Enforcement Officer or designee shall determine the application's completeness.
Upon the Code Enforcement Officer or designee's acceptance of a complete site plan application, the Code Enforcement Officer or designee shall prepare a written response to the applicant containing the following information:
The date of the Planning Board meeting at which the application for site plan approval will be discussed.
A preliminary indication under SEQR as to include the type of action involved and any additional SEQR forms to be completed by the applicant or agent.
A determination whether any portion of the site will be affected by the FP-O Floodplain Overlay District regulations and what effects this will have on the application.
A tentative time schedule for site plan approval.
Any other information the Code Enforcement Officer or designee deems appropriate, including fees and criteria for site plan preparation.
In the event that a site plan identifies the potential need for dimensional variances, the applicant shall first be denied preliminary site plan approval by the Planning Board, before appealing the need for such variance(s) to the Zoning Board of Appeals. Where the Planning Board has denied such site plan on these grounds, the Planning Board shall convey its opinion to the Board of Appeals on the requested variances. Once variances have been granted, the applicant may proceed for site plan approval. If the variances are denied, the applicant shall submit a revised site plan complying with the dimensional requirements of the zoning district.
The Planning Board shall, for each site plan application, determine whether a public hearing would serve a community benefit. According to such a determination by the Planning Board, the process for site plan approval shall coincide with that set forth in § 290-16A above.
The Code Enforcement Officer or designee shall transmit one copy of all approved and denied applications to the Planning Board and one copy of all approved applications to the Tax Assessor.
Supplemental regulations pertaining to site plan approval.
Expiration of site plan approval. Such site plan approval will automatically terminate one year after the same is granted unless work has commenced on the site.
Reimbursable costs. Costs incurred by the Village for consultation fees or other extraordinary expenses in connection with the review of a proposed site plan shall be charged to the applicant in accordance with the fee schedule specified in the application documents.
Performance guaranty. No zoning permit shall be issued until all improvements shown on the site plan are installed or a sufficient performance guaranty, approved by the Village Board, has been posted for improvements. The sufficiency of such performance guaranty shall be determined by the Village Board after consultation with the Code Enforcement Officer or designee, Village Engineer, Planning Board and Village Attorney.
Inspection of improvements and development. The Code Enforcement Officer or designee shall be responsible for the overall inspection of site improvements, including coordination with the Village Engineer and other officials and agencies, as appropriate. No certificate of compliance shall be granted prior to a final inspection and determination of conformity to the site plan and the New York State Uniform Code.
Integration of site plan approval procedure with other Village approvals. Whenever the particular circumstances of a proposed development require compliance with either the special use permit procedure or the requirements of the Village's land subdivision regulations, the Village Board shall attempt to integrate, as appropriate, site plan review as required by this section with the procedural and submission requirements for such other compliances. In any case, all state permits and local land use control approvals shall be procured prior to the issuance of a building permit for a development project.
Conflicts. If any conflicts arise between this site development plan review procedure and other land use controls of the Village of Manchester, this section shall apply.
Temporary use permits.
All applications for temporary use permits shall be made in quadruplicate to the Code Enforcement Officer or designee on forms provided by him.
The Code Enforcement Officer or designee, after determining that an application is in proper form, shall transmit copies of the application to the Village Board for review and approval.
The application shall include a statement by the applicant which specifies the nature of the proposed use and the length of time for which the temporary use is to be authorized.
The Village Board may seek the advisory opinion of the Planning Board or the Village Engineer as well as that of other agencies, organizations or individuals prior to making a decision on the request.
The Village Board may schedule a public hearing to invite public comment, if it determines that the public interest would be served on the application by such a hearing.
The Village Board shall, within 45 days of the receipt of a complete application, approve or deny the application. In approving the request, the Village Board shall set the maximum length of time for the authorization of such use. Further, the Village Board may impose any conditions or restrictions on the applicant that is deemed to be in the best interests of the Village of Manchester.
The Code Enforcement Officer or designee, acting on written direction of the Village Board, shall either issue or deny the permit.
Special use permits.
All applications for special use permits shall be made in quadruplicate to the Code Enforcement Officer or designee on forms provided by him.
The Code Enforcement Officer or designee, after determining that an application is in proper form, shall transmit copies of the application and all supporting documents to the Planning Board and may refer the application to the Village Engineer for an advisory report.
The Code Enforcement Officer or designee shall also transmit a copy of the complete application and supporting documents to the County Planning Board for review when required under Article 12-B, § 239-m, of the General Municipal Law and to neighboring municipalities when required under General Municipal Law § 239-nn. This transmission shall be made concurrent with the referral of the applicant to the Planning Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The application shall include a site plan of the special permit use and subject parcel drawn to scale which includes all of the data specified in § 290-17 of this chapter.
If the Planning Board determines that a public hearing on the proposal would serve no community benefit, it shall render a decision on the proposal not less than 30 days nor more than 62 days following the receipt of a complete application. The sixty-two-day period may be extended by mutual agreement of the applicant and the Planning Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
If the Planning Board determines that the public benefit would be served by a public hearing, said hearing shall be conducted within 62 days following the receipt of a complete application. Within 30 days from the date of such public hearing, the Planning Board shall, by resolution, either approve or disapprove the application so heard. The thirty-day period available to make a determination may be extended by mutual agreement of the applicant and the Planning Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
In approving an application, the Planning Board may impose any modifications or conditions it deems necessary to conform to the goals and objectives of the Village's Comprehensive Plan and to protect the health, safety or general welfare of the public.
If the Planning Board does not act on an application within 62 days of the receipt of a complete application from the Code Enforcement Officer or designee, or within 30 days following a public hearing on an application, the application shall be approved and the Code Enforcement Officer or designee shall issue the permit.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
If an application is approved by the Planning Board, the Code Enforcement Officer or designee shall be furnished with a copy of the approving resolution and he shall issue the permit applied for in accordance with the conditions imposed by the Planning Board.
If any application is disapproved by the Planning Board, the reasons for such denial shall be set forth in the Planning Board resolution and a copy of such resolution shall be transmitted to the Code Enforcement Officer or designee. The Code Enforcement Officer or designee shall deny the application accordingly by providing the applicant with a copy of the Planning Board's reasons for disapproval.
The Code Enforcement Officer or designee shall transmit one copy of all approved and denied applications to the Planning Board and one copy of all approved applications to the Tax Assessor.
Certificates of compliance.
Within seven days after the completion of the change in use of a building or parcel of land, the applicant shall so notify the Code Enforcement Officer or designee by certified mail stating that such action has been completed. Within seven days of the receipt of this letter, the Code Enforcement Officer or designee shall conduct a final inspection of the premises to determine whether the new use complies with the requirements of this chapter. If the Code Enforcement Officer or designee determines that said building or use complies with the provisions herein, he shall issue a certificate of compliance. If it is determined that the provisions specified herein are not fully complied with, the Code Enforcement Officer or designee shall specify the violations and the terms and conditions for remedying these violations. A certificate of compliance shall not be issued until such violations are corrected.
No nonconforming building or use shall be maintained, renewed, changed or extended without a certificate of compliance having first been issued by the Code Enforcement Officer or designee. The certificate of compliance shall state specifically wherein the nonconforming building or use differs from the provisions of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
§ 290-17 Application details.
Each application for a zoning, temporary use and special use permit shall be made in quadruplicate and accompanied by a site plan. The materials to be submitted with each 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. The application shall include the following information and specify both "before" and "after" conditions:
The location, design, dimensions, use and height of each proposed building and yard area.
The location of all existing and proposed principal buildings within 200 feet of the boundaries of the subject parcel.
Property boundaries, as shown on an accurate map drawn to scale, including the precise location of the center line of the road, dimensions, North arrow, date.
A general location map showing the location of the property in relation to adjacent parcels.
The location and arrangement of vehicular accessways and the location, size and capacity of all areas to be used for off-street parking.
Information to describe topography and natural grades.
Provisions for water supply, sewage disposal and storm drainage.
The location of fire hydrants.
The location and design of outdoor lighting facilities.
The location and design of construction materials of all proposed signs.
The location and capacity of all areas to be used for loading and unloading and the distance to the nearest intersection.
The location and dimensions of sidewalks, walkways and other areas established for pedestrian use.
The design and treatment of open areas, buffer areas and screening devices maintained, including dimensions of all areas devoted to lawns, trees and other landscaping devices.
The location of fire and other emergency zones.
The location of any wetlands or areas of special flood hazard that may be impacted by the proposed application.
Other elements integral to the proposed development as considered necessary by the Code Enforcement Officer or designee, Village Engineer, Planning Board or Village Board, including a property survey, any and all requirements to comply with the State Environmental Quality Review (SEQR) procedures, other community impacts and the identification of any state or county permits required for the execution of the project.
§ 290-18 Fees.
Each application for a permit provided for by this chapter shall be accompanied by a fee, payable in cash or other form of security approved by the Village Attorney. Fees shall be established annually by resolution of the Village Board.