Mendon City Zoning Code
ARTICLE XV
Administration and Enforcement
§ 260-99 Code Enforcement Officer.
The duty of administering and enforcing the provisions of this chapter is hereby conferred upon the Code Enforcement Officer (CEO), who shall have such powers as are conferred upon him by this chapter. The CEO 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 below. The CEO shall receive such compensation as the Town Board shall determine. Any duly authorized assistant or deputy to the CEO shall have the same duties and powers as the CEO.
§ 260-100 Duties of Code Enforcement Officer.
A.
It shall be the duty of the CEO 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. In the fulfillment of their duties, the CEO or any 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.
B.
If the CEO shall find that any of the provisions of this chapter are being violated, the officer shall notify, in writing, the person responsible for such violations, indicating the nature of the violation and ordering the action to correct it. In an effort to attain compliance, the CEO 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; stop-work; or discontinuance of any illegal work being done. On the serving of notice by the CEO 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. New certificates of occupancy and/or compliance shall be required for any further use of such building or premises.
C.
It shall be the duty of the CEO to issue permits and certificates to applicants who fully comply with the provisions of this chapter.
D.
The CEO shall maintain a permanent and current record of all applications for permits and certificates, the CEO's action upon the same, any conditions relating thereto and any other matters considered and action taken by the CEO. Such records shall form a part of the records of the CEO's office and shall be available for use by Town officials and for inspection by the public. The records to be maintained shall include the following:
(1)
Application file. An individual permanent file for each application for a permit or certificate provided for by this chapter 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 and the like; as appropriate, one copy of any resolutions or actions of the Town 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.
E.
Whenever the CEO denies a permit or certificate, the CEO shall, in writing, inform the applicant of the specific reasons for denial and instruct the applicant on the proper methods to apply for relief.
F.
Upon written direction from the Planning Board, the CEO shall issue special use permits.
G.
Upon written approval of a variance by the Zoning Board of Appeals, the CEO shall be empowered to issue the necessary permits with the specific conditions to be imposed.
H.
The CEO shall be authorized and empowered to issue appearance tickets pursuant to § 150.20 of the New York State Criminal Procedure Law.
§ 260-101 Issuance of certificates and permits; inspection of special permit uses.
The certificates and permits enumerated herein are hereby established for the equitable enforcement and administration of the provisions of this chapter. A building permit shall be a prerequisite 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. The CEO 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 permits.
(1)
The CEO is hereby empowered to issue a building permit for any plans regarding the construction, 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 the CEO determines that such plans are not in violation of the provisions of this chapter.
(2)
No building or structure shall be erected, moved, added to or structurally altered or changed in use without a building permit issued by the CEO. No permit shall be issued by the CEO except in conformity with the provisions of this chapter, unless the CEO receives a written order from the Zoning Board of Appeals in the form of an administrative review or variance as provided by this chapter.
B.
Temporary dwelling permit. The CEO is hereby empowered to issue temporary dwelling permits as specified herein:
(1)
A temporary dwelling permit may be approved to enable the placement of a manufactured home dwelling unit on a lot; provided, further, that:
(a)
The applicant first obtains a building permit to erect a dwelling unit on said lot in accordance with Town regulations.
(b)
The applicant identifies the interim water supply and sewage disposal for the manufactured dwelling unit.
(c)
The applicant agrees to remove said manufactured dwelling unit and any interim water supply and sewage disposal no later than one year from the first issuance of the temporary use permit.
(2)
A temporary use permit for the placement of a manufactured home dwelling unit may be issued only for one year and may be renewed for one additional year; provided, further, that construction on the dwelling unit on said lot is at least 50% completed to the satisfaction of the CEO at the time of permit renewal.
C.
Certificate of 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 compliance shall have been issued therefor by the CEO stating that the proposed use of the building or land conforms to the requirements of this chapter.
D.
The CEO 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 permit. If the CEO determines that the conditions are not in compliance with the permit, the CEO 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.
§ 260-102 Application procedures.
A.
Building permits. No building or structure shall be commenced, nor shall any building or structure be extended or structurally altered, nor shall any use of a building or land be changed, except pursuant to a building permit issued by the CEO. The CEO shall in no case, except under a written order of the Zoning 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.
(1)
All applications for building permits shall be made in duplicate to the CEO, on forms supplied by the Town.
(2)
One copy of the application and supporting documents shall be returned to the applicant by the CEO 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 CEO.
(3)
Where the proposed use is for the expansion or structural alteration of an existing single-family dwelling or an accessory use or structure in an agricultural or residential district, the CEO 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 or special permitted use in any zone, the CEO shall refer copies of such plans, drawings and statements to the Planning Board for site plan approval in accordance with Article VIII of this chapter.
(4)
All applications referred to the Planning Board shall be reviewed to determine that the proposed site development plan is consistent with the goals and objectives of the Comprehensive Plan; that the proposed improvements are sufficient to adequately serve the proposed use; that adjacent properties are protected from potential negative impacts; that potential adverse environmental impacts are identified; and that appropriate mitigation measures have been proposed.
(5)
The CEO shall, within 30 days after receipt of a complete application, either approve or disapprove of the proposed development or construction. In the event of disapproval, the reasons shall be stated clearly by the CEO, in writing. The CEO shall deny a building permit for the proposed construction until such conditions as the disapproval is based upon have been corrected or written order of the Zoning Board of Appeals is obtained.
B.
Certificates of compliance.
(1)
Within seven days after the completion of the change in use of a building or parcel of land, the applicant shall so notify the CEO that such action has been completed. The CEO shall conduct a final inspection of the premises to determine whether the new use complies with the requirements of this chapter. If the CEO 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 CEO 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.
(2)
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. The certificate of compliance shall state specifically wherein the nonconforming use differs from the provisions of this chapter.
C.
Special and temporary use permits.
(1)
All applications for special and temporary use permits shall be made to the Planning Board Clerk on forms prescribed by the Town.
(2)
The Planning Board Clerk, after determining that an application is in proper form, shall transmit copies of the application and all supporting documents to the issuing board.
(3)
The Planning Board Clerk shall transmit a copy of the complete application and supporting documents to the Monroe County Department of Planning and Development and to the Clerk of any adjacent municipality for review when required.
[Amended 10-15-2018 by L.L. No. 3-2018]
(4)
The application for a special permit use shall include a site development plan of the subject parcel drawn to scale which includes all of the data specified in Article VIII of this chapter.
(5)
The issuing board must hold a public hearing within 62 days following the receipt of a complete application. Within 62 days from the date of such public hearing, the board shall, by resolution, either approve or disapprove the application so heard. The sixty-two-day period available to make a determination may be extended by mutual agreement of the applicant and the board.
[Amended 10-15-2018 by L.L. No. 3-2018]
(6)
In approving an application, the issuing board may impose any modifications or conditions (including time limits) it deems necessary.
(7)
If an application is approved, the CEO shall be furnished with a copy of the approving resolution.
(8)
If any application is disapproved, a copy of such resolution shall be transmitted to the CEO. The resolution of denial shall be provided to the applicant after filing with the Town Clerk.
§ 260-103 Application details.
Each application for a site development or a 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 plans for both "before" and "after" conditions:
A.
The location, design, dimensions, use and height of each proposed building and yard area.
B.
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 and date.
C.
A general location map showing the location of the property in relation to adjacent parcels.
D.
The location and arrangement of vehicular accessways, and the location, size and capacity of all areas to be used for off-street parking.
E.
Information to describe topography and natural grades.
F.
Provisions for water supply, sewage disposal and storm drainage.
G.
The location of fire hydrants.
H.
The location and design of outdoor lighting facilities.
I.
The location and design of construction materials of all proposed signs.
J.
The location and capacity of all areas to be used for loading and unloading, and the distance to the nearest intersection.
K.
The location and dimensions of sidewalks, walkways and other areas established for pedestrian use.
L.
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.
M.
The location of fire and other emergency zones.
N.
The location of any easements or rights-of-way.
O.
Other elements integral to the proposed development as considered necessary by the CEO or the Planning Board, including a property survey, any and all requirements to comply with the SEQRA regulations, other community impacts and the identification of any state or county permits required for the execution of the project.
P.
The location of any EPOD on the site.