Marilla City Zoning Code
ARTICLE VI
Administration and Enforcement
§ 700-24 Enforcement.
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 and as reasonably may be implied. He shall be appointed by the Town Board and shall carry out any directives from the Board relative to the duties of the position set forth in § 700-25 below. The Code Enforcement Officer shall receive such compensation as the Town Board shall determine.
§ 700-25 Duties of Code Enforcement Officer.
A.
It shall be the duty of the Code Enforcement Officer or his 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 his authorized assistants may enter any premises or building at a reasonable time to determine whether or not the same is in violation of this chapter.
B.
If the Code Enforcement Officer shall find that any of 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 of illegal additions, alterations or structural changes; stop 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 zoning compliance for such building or use shall be held null and void. A new certificate of zoning compliance shall be required for any further use of such building or premises.
C.
It shall be the duty of the Code Enforcement Officer to issue building and special use permits and certificates to all applicants who fully comply with the provisions of this chapter.
D.
The Code Enforcement Officer shall maintain a permanent and current record of all applications for building and special use permits and certificates, his action upon the 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 Town officials and for inspection by the public.
E.
The Code Enforcement Officer shall submit a monthly report to the Town Board listing all applications received, inspections made, referrals and action taken. A copy of this report shall be transmitted concurrently to the Planning Board.
F.
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.
G.
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.
H.
The Code Enforcement Officer shall maintain a current list and a map showing the variances issued by the Board of Appeals and special use permits approved by the Planning Board to determine if the conditions and safeguards placed on variances and special permits are being complied with.
I.
Upon written direction from the Town Board, the Code Enforcement Officer shall issue special use permits. Upon approval of a variance by the Board of Appeals, the Town Clerk shall direct the Code Enforcement Officer to issue the necessary permits with the specific conditions to be imposed.
J.
The Code Enforcement Officer shall be authorized and empowered to issue appearance tickets pursuant to § 150.20 of the Criminal Procedure Law of the State of New York.
§ 700-26 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 building and use permit or special permit shall be a prerequisite to the erection or alteration of a building, structure or use thereof. Permits issued pursuant to this section shall expire in 18 months unless the project is completed. The Code Enforcement Officer 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.
A.
Building and use permit.
(1)
The Code Enforcement Officer is hereby empowered to issue a building and use 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, where he shall determine that such plans are not in violation of the provisions of this chapter and the New York State Uniform Fire Prevention and Building Code.[1]
(2)
No building or structure shall be erected, moved, added to or structurally altered or changed in use without a building and use permit therefor issued by the Code Enforcement Officer. No building and use permit shall be issued by the Code Enforcement Officer 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.
B.
Certificate of zoning compliance.
(1)
It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued therefor by the Code Enforcement Officer stating that the proposed use of the building or land conforms to the requirements of this chapter.
(2)
No building and use permit for the erection, alteration or moving of any building or the conduct of any use shall be issued until an application has been made for a certificate of zoning compliance.
(3)
A temporary certificate of zoning compliance may be issued by the Code Enforcement Officer for a period not exceeding six months during which time final alterations and/or construction shall be completed. The Code Enforcement Officer may permit partial occupancy of a building pending its completion, provided that such temporary certificate may include such conditions and safeguards as will protect the safety of the occupants and the public.
C.
Special use permit.
(1)
The special use permit uses for which conformance to additional standards is required 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.
(2)
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.
(3)
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 Town 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 concerning the following, where applicable:
(a)
Ingress and egress to 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.
(b)
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.
(d)
Utilities as appropriate, with reference to locations, availability and compatibility.
(e)
Screening and buffering, with reference to type, dimensions and character.
(f)
Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the district.
(g)
Required yards and other open space.
(h)
General compatibility with adjacent properties and other property in the zone district.
(4)
The Town Board shall have the right to amend and/or revoke said special use permit upon a finding by the Code Enforcement Officer of violations of the terms and conditions thereof and/or a finding by the Code Enforcement Officer of violations of this chapter, subsequent to the issuance of said permit.
(5)
The Town Board shall also have the authority to grant special use permits for a period of 12 months subject to annual renewal.
§ 700-27 Application procedures.
A.
Building and use permits.
(1)
All applications for building and use permits shall be made in triplicate to the Code Enforcement Officer on forms supplied by him in detail specified in § 700-28 of this chapter.
(2)
One copy of the application and supporting documents shall be returned to the applicant by the Code Enforcement Officer, after he shall have marked such copy either as approved or disapproved and attested to the 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.
(3)
Where the proposed use is farm-related, a single-family or two-family residence, or accessory structures to single-family and two-family residences, the Code Enforcement Officer shall carefully consider the application for compliance with this chapter and may either issue or deny the permit applied for. When the application is for any other permitted use in any zone, the Code Enforcement Officer shall, prior to the issuance of any permit, refer one copy of such plans, drawings and statements to the Planning Board and the Conservation Advisory Board for review and recommendation. All proposals for permits within the C-O Conservation Overlay District shall be referred to the Planning Board for its recommendations, prior to the issuance of the permit.
[Amended 5-11-2000 by L.L. No. 1-2000; 8-11-2005 by L.L. No. 2-2005; 5-12-2020 by L.L. No. 1-2020]
(4)
All permit applications referred to the Planning Board shall be reviewed to determine the consistency of the proposed site development plan with the goals and objectives of the Town's Master 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 minimized.
[Amended 5-11-2000 by L.L. No. 1-2000; 8-11-2005 by L.L. No. 2-2005]
(5)
The Planning Board shall, within 62 days after receipt of a complete application, recommend approval or disapproval of the proposed development or construction. In the event of disapproval, reasons shall be stated clearly to the Town Board in writing for its final decision. The Code Enforcement Officer shall deny a building and use permit for the proposed construction until such conditions as the disapproval is based upon have been corrected, and written approval of the Town Board is obtained. The absence of a reply from the Planning Board within the sixty-two-day review period shall constitute approval, and the Town Board may act immediately.[1]
(6)
The Planning Board may conduct a public hearing on the preliminary site plan. If a public hearing is considered desirable by a majority of the members of the Planning Board, such public hearing shall be conducted within 62 days of the receipt of the complete application and shall be advertised in the official newspaper of the Town at least five days before the public hearing. 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 62 days following the date of the public hearing, prior to referring the matter to the Town Board for a final decision.[2]
B.
Certificate of zoning compliance.
(1)
All applicants, upon application for a building and use permit, shall make application to the Code Enforcement Officer on forms supplied by him for a certificate of zoning compliance.
(2)
Within 10 days after the erection or alteration or change in use shall have been completed, the applicant shall so notify the Code Enforcement Officer, who shall conduct a final inspection of the premises to determine whether the erection or alteration comply with the requirements of this chapter. If the Code Enforcement Officer determines that said building or use complies with the provisions herein, he shall issue a certificate of zoning compliance. If it is determined that the provisions specified herein are not fully complied with, the Code Enforcement Officer shall specify the violations and the terms and conditions for remedying these violations. A certificate of zoning compliance shall not be issued until such violations are corrected.
(3)
A nonconforming building or use shall not be maintained, renewed, changed or extended without a certificate of zoning compliance (certificate of existing use) having first been issued by the Code Enforcement Officer. The certificate of zoning compliance shall state specifically wherein the nonconforming use differs from the provisions of this chapter.
C.
Special use permit.
(1)
All applications for special use permits shall be made in quadruplicate to the Code Enforcement Officer on forms provided by the Code Enforcement Officer. Such application must be submitted to the Code Enforcement Officer by the first Tuesday of the month to be place on the Planning Board agenda for that month. Applications submitted after such date shall not be considered until the following month. Prior to submittal of an application for a special use permit, the applicant shall have the option to attend a preapplication conference with the Planning Board to discuss the proposed special use permit. At the preapplication conference, the applicant shall have the opportunity to discuss what the applicant is proposing with the Planning Board and receive feedback from the Planning Board as to concerns that may have to be addressed in the application.[3]
(2)
Upon receipt of an application for a special use permit, the Town Clerk shall mail written notice of such application to the owners of property within 500 feet of the property line of the subject property. Such notice shall include a description of the proposed project and its location, and may be sent in conjunction with any other notice required by state or local law, ordinance, rule or regulation for said project. The cost of said mailing shall be borne by the applicant and, if paid initially by the Town, shall be reimbursed by the applicant prior to the issuance of any special work permit.
(3)
The Code Enforcement Officer, after determining that an application is in proper form, shall transmit copies of the application and all supporting documents to the Planning Board for review and recommendation to the Town Board.
(4)
The Code Enforcement Officer shall 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.
(5)
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 § 700-28 of this chapter.
(6)
The Planning Board shall, within 30 days following receipt of a complete application, prepare a written report recommending action by the Town Board either to approve, approve with conditions or reject the proposal.
(7)
The Town Board shall conduct a public hearing within 30 days following the receipt of the Planning Board's recommendation. Within 30 days from the date of such public hearing, the Town Board shall, by resolution, either approve or disapprove the application so heard unless it is determined that prior to the approval of the proposed action, a coordinated review is required under SEQR, in which case the Town shall have an additional 62 days following the public hearing to make its determination.[4]
(8)
The thirty-day period for a determination by the Town Board following the public hearing may be extended by mutual agreement of the applicant and the Town Board. In approving an application, the Town Board may impose modifications or conditions it deems necessary to conform to the goals and objectives of the Town's Master Plan and its principles of land use and development and to protect the health, safety or general welfare of the public.[5]
(a)
If an application is approved by the Town Board, the Code Enforcement Officer shall be furnished with a copy of the approving resolution of the Board, and he shall issue the permit applied for in accordance with the conditions imposed by the Planning Board.
(b)
If any application is disapproved by the Town Board, the reasons for such denial shall be set forth in the Board 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 transmit one copy of all approved and denied applications to the Planning Board and one copy of all approved applications to the Town Tax Assessors.
§ 700-28 Application details.
A.
Building and use permits. Each application for a building and use permit shall be made in quadruplicate and accompanied with 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 plans for both before and after conditions:
(1)
The location, design, dimensions, use and height of each building and yard area.
(2)
Property boundaries, as shown on an accurate survey, including the precise location of the center line of the road, dimensions, scale, North arrow, date and general location map.
(3)
The location and arrangement of vehicular accessways and the location, size and capacity of all areas to be used for off-street parking.
(4)
Provisions for water supply, sewage disposal and storm drainage.
(5)
The location of fire hydrants.
(6)
Other elements integral to the proposed development as considered necessary by the Planning Board, including any and all requirements to comply with the local Environmental Quality Review Law (SEQR)[1] adopted by the Town Board, other community impacts and the identification of any state or county permits required for the project's execution.
[1]
Editor's Note: See Article 8 of the Environmental Conservation Law.
B.
Special use permits. In addition to the information specified above for building and use and temporary use permits, applicants for special use permits shall include the following additional information:
(1)
The location and design of outdoor-lighting facilities.
(2)
The location and design of construction materials of all proposed signs.
(3)
The location and capacity of all areas to be used for loading and unloading and the distance to the nearest intersection.
(4)
The location and dimensions of sidewalks, walkways and other areas established for pedestrian use.
(5)
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.
(6)
The location of fire and other emergency zones.
C.
Each application for a building or special use permit shall be accompanied by the Application Checklist included at the end of this chapter and shall contain all the materials required to be supplied as set forth on such checklist and as otherwise required in the applicable provision of the Code of the Town of Marilla.
[Added 12-14-2006 by L.L. No. 2-2006]
D.
An application shall not be deemed to be complete unless the checklist and all the materials required to accompany such application are supplied with such application. Upon receipt of an incomplete application, the Code Enforcement Officer shall return such application to the applicant and direct the applicant to provide a complete application. The Code Enforcement Officer shall not refer the application to any other body of the Town until the application is deemed by him to be complete for such purposes. Notwithstanding such initial determination, the applicable body of the Town may determine that such application is not complete and refer it back for additional information. Time frames for the approval of any action by the Town shall not begin to commence until receipt of a complete application.
[Added 12-14-2006 by L.L. No. 2-2006]