Millbrook Village City Zoning Code
ARTICLE VII
Administration and Enforcement
§ 230-46 Permit application procedure.
A.
General sequence of steps. All persons desiring to undertake any new construction, structural alteration or changes in the use of a building or lot shall apply to the Zoning Enforcement Officer (ZEO) for a building permit by filling out the appropriate application form and by submitting the required fee. The Zoning Enforcement Officer will then either issue or refuse the building permit or refer the application to the Planning Board or Zoning Board of Appeals, as required. After the building permit has been received by the applicant, he or she may proceed to undertake the action permitted in the building permit and upon completion of such action, shall apply to the Zoning Enforcement Officer for a certificate of occupancy. If the Zoning Enforcement Officer finds that the action of the applicant has been taken in accordance with the building permit, the ZEO will then issue a certificate of occupancy allowing the premises to be occupied.
B.
Building permit types. Under the terms of this chapter, the following classes of building permits may be issued:
(1)
Permitted use. A building permit for a permitted use may be issued by the Zoning Enforcement Officer of his or her own authority.
(2)
Special use. A building permit for a special use may be issued by the Zoning Enforcement Officer upon receipt of written approval by the Planning Board.
(3)
Building permit after an appeal or a request for a variance. A building permit may be issued by the Zoning Enforcement Officer upon the order of the Zoning Board of Appeals and after a public hearing held by the Zoning Board of Appeals for the purpose of deciding upon the appeal or a request for a variance.
§ 230-47 Enforcement officer.
This chapter shall be enforced by the Zoning Enforcement Officer. No building permit or certificate of occupancy shall be issued by the ZEO except where all the provisions of this chapter have been complied with.
§ 230-48 Application for building permits.
A.
No person shall commence the erection, construction, enlargement, alteration, repair, removal, improvement, demolition, conversion or change in the nature of the occupancy of any building or structure, or cause the same to be done, without first obtaining a separate building permit from the Zoning Enforcement Officer for each such building or structure; except that no fee shall be required for the performance of ordinary repairs which are not structural in nature.
B.
Application for a building permit shall be made to the Zoning Enforcement Officer on forms provided by him and shall contain the following information:
(1)
A description of the land on which the proposed work is to be done.
(2)
A statement of the use or occupancy of all parts of the land and of the building or structure.
(3)
The valuation of the proposed work.
(4)
The full name and address of the owner and of the applicant and the names and addresses of their responsible officers, if any of them are corporations.
(5)
A brief description of the nature of the proposed work.
(6)
A duplicate set of plans and specifications as set forth in Subsection D of this section.
(7)
Such other information as may reasonably be required by the Zoning Enforcement Officer to establish compliance of the proposed work with the requirements of the applicable provisions of this chapter, building laws, ordinances, rules, regulations, the New York State Uniform Fire Prevention and Building Code and the Energy Conservation Construction Code.
C.
Applications shall be made by the owner or lessee or agent of either or by the architect, engineer or builder employed in connection with the proposed work. Where such application is made by a person other than the owner, it shall be accompanied by a notarized affidavit of the owner or applicant that the proposed work is authorized by the owner and that the applicant is authorized to make such application.
D.
Each application for a building permit shall be accompanied by duplicate copies of plans and specifications, including a plot plan drawn to scale, showing the location and size of all proposed new construction and all existing structures on the site, the nature of the work to be performed and the materials to be incorporated, distance from lot lines, the relationship of structures on adjoining property, widths and grades of adjoining streets, walks and alleys, and where required by the Zoning Enforcement Officer, details of structural, mechanical and electrical work, including computations, stress diagrams and other essential technical data. Plans and specifications shall bear the signature of the person responsible for the design and drawings. The Zoning Enforcement Officer may waive the requirement for filing plans.
E.
All water supply and sewage disposal installations shall conform to the Dutchess County Department of Health regulations. No plot plan shall be approved by the Zoning Enforcement Officer in any zone unless such conformity is certified on the plan. Drainage affecting adjacent properties shall be considered by the Zoning Enforcement Officer before issuing a building permit, including possible runoff to said properties. The Zoning Enforcement Officer may request an evaluation of the drainage plan from the Dutchess County Soil and Water Conservation District.
F.
Amendments to the application or to the plans and specifications accompanying the same may be filed at any time prior to the completion of the work, subject to the approval of the Zoning Enforcement Officer.
§ 230-49 Issuance of building permit.
A.
The Zoning Enforcement Officer shall examine or cause to be examined all applications for permits and the plans, specifications and documents filed therewith. The Zoning Enforcement Officer shall recommend approval or disapproval of the application and refer the recommendation to the Planning Board and Zoning Board of Appeals. His or her final approval or disapproval shall go into effect 48 hours after written referral to the Planning Board and Zoning Board of Appeals.
B.
Upon approval of the application and upon receipt of the legal fees, he or she shall issue a building permit to the applicant upon the form prescribed by him or her and shall affix his or her signature or cause such signature to be affixed thereto.
C.
Upon the approval of the application, both sets of plans and specifications shall be endorsed with word "approved." One set of such approved plans and specifications shall be retained in the files of the Zoning Enforcement Officer, and the other set shall be returned to the applicant, together with the building permit, and shall be kept at the building site open to inspection by the Zoning Enforcement Officer or an authorized representative at all reasonable times.
D.
If the application together with plans, specifications and other documents filed therewith describe proposed work which does not conform to all of the requirements of the applicable building regulations, the Zoning Enforcement Officer shall disapprove the same and shall return the plans and specifications to the applicant. Upon the request of the applicant, the Zoning Enforcement Officer shall cause such refusal, together with the reasons therefore, to be transmitted to the applicant in writing.
§ 230-50 Performance of work under building permit.
A.
A building permit shall be effective to authorize the commencing of work in accordance with the application, plans and specifications on which it is based for a period of 12 months after the date of its issuance. For good cause, at the request of the applicant, the Zoning Enforcement Officer may allow a maximum of two extensions for period not exceeding six months each.
B.
The issuance of a building permit shall constitute authority to the applicant to proceed with the work in accordance with the approved plans and specifications and in accordance with the applicable building laws, ordinances or regulations. All work shall conform to the approved application, plans and specifications.
§ 230-51 Building permit fees.
A.
Upon the filing of an application for a building permit, such fees shall be payable as provided in § 230-63.
B.
In the event that an application for a building permit is not approved, the applicant shall be entitled to a refund of 50% of the fee paid, provided that no construction has been commenced.
C.
Upon the expiration of a building permit which has been neither voided nor closed out, an extension fee equal to the original building permit fee will be charged.
§ 230-52 Revocation of building permit.
A.
The Zoning Enforcement Officer may revoke a building permit theretofore issued and approved in the following instances:
(1)
Where he or she finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based.
(2)
Where he or she finds that the building permit was issued in error and should not have been issued in accordance with the applicable law.
(3)
Where he or she finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans or specifications.
(4)
Where the person to whom a building permit has been issued fails or refuses to comply with a stop order issued by the Zoning Enforcement Officer.
B.
After the building permit has been revoked, the Zoning Enforcement Officer, at his or her discretion, before issuing the new building permit may require a bond in the favor of the Village of Millbrook with sufficient surety conditioned for compliance with this chapter and all provisions of this chapter, laws and regulations then in force and in a sum sufficient to cover the cost of removing the building if it does not so comply.
§ 230-53 Stop work orders.
Whenever the Zoning Enforcement Officer has reasonable grounds to believe that work on any building or structure is being prosecuted in violation of the provisions of this chapter or other applicable building laws, ordinances, rules or regulations or not in conformity with the provisions of an application, plans or specifications on the basis of which a building permit was issued or in an unsafe and dangerous manner, he or she shall notify the owner of the property or the owner's agent or the person performing the work to suspend all work, and any such persons shall forthwith stop such work and suspend all building activities until the stop order has been rescinded. Such order and notice shall be in writing, shall state the conditions under which the work may be resumed and may be served upon a person to whom it is directed either by delivering it personally to him or her or by posting the same upon a conspicuous portion of the building under construction and sending a copy of the same by registered mail.
§ 230-54 Right of entry.
Any building official, upon the showing of proper credentials and in the discharge of his or her official duties, may request of the owner or occupant of any structure or premises entry for the purpose of inspection of the premises pursuant to his or her official duties at any reasonable hour. In the event that the owner or occupant refuses such official entry, the official charged with conducting such inspection pursuant to law shall be required to obtain a search warrant requiring the owner or occupant in charge to allow entry. In the event of a request by the official to the owner or occupant to allow entry, the official shall advise the owner or occupant of his or her constitutional right to deny entry, but that if such entry is refused, the official may secure a court warrant permitting such entry.
§ 230-55 Certificate of occupancy required.
A.
No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Zoning Enforcement Officer.
B.
No building hereafter enlarged, extended or altered or upon which work has been performed which required the issuance of a building permit shall continue to be occupied or used for more than 30 days after the completion of the alteration or work unless a certificate of occupancy shall have been issued by the Zoning Enforcement Officer.
C.
No change shall be made in the use or type of occupancy of an existing building unless a certificate of occupancy authorizing such change shall have been issued by the Zoning Enforcement Officer.
D.
The owner or his or her agent shall make application for a certificate of occupancy. Accompanying this application and before the issuance of a certificate of occupancy, there shall be filed with the Zoning Enforcement Officer an affidavit of the registered architect or licensed professional engineer who filed the original plans or of the registered architect or licensed professional engineer who supervised the construction of the work or the superintendent of construction who supervised the work and who, by reason of his or her experience, is qualified to superintend the work for which the certificate is sought. This affidavit shall state that the approved plans of the structure for which a certificate of occupancy is sought have been examined, that the structure has been erected in accordance with approved plans and as erected, complies with the provisions of this chapter and all other laws governing building construction except insofar as variations therefrom have been legally authorized. Such variations shall be specified in the affidavit.
§ 230-56 Inspection prior to issuance of certificate.
Before issuing a certificate of occupancy, the Zoning Enforcement Officer shall examine or cause to be examined all buildings, structures and the site for which an application has been filed for a building permit to construct, enlarge, alter, repair, remove, demolish or to change the use of the building, and he or she may conduct such inspections as he or she deems appropriate from time to time during and upon completion of the work for which a building permit has been issued. There shall be maintained by the Village a record of all such inspections and examinations together with a record of findings in violations of the law.
§ 230-57 Issuance of certificate of occupancy.
A.
When, after final inspection, it is found that the proposed work has been completed in accordance with the applicable provisions of this chapter, building laws, ordinances, rules and regulations, and also in accordance with the application, plans and specifications filed in connection with the issuance of the building permit, the Zoning Enforcement Officer shall issue a certificate of occupancy upon the form provided by such Officer. If it is found that the proposed work has not been properly completed, the Zoning Enforcement Officer shall refuse to issue a certificate of occupancy and shall order the work completed in conformity with the building permit and in conformity with the applicable building regulations.
B.
A certificate of occupancy shall be issued, where appropriate, within 30 days after application therefor is made. Failure to act upon such application within 30 days shall constitute approval of such application, and the building or portion thereof may thereafter be occupied as though a certificate of occupancy had been issued.
C.
The certificate of occupancy shall certify that the work has been completed and that the proposed use and occupancy is in conformity with the provisions of the applicable building laws, ordinances and regulations and shall specify the use or uses and the extent thereof to which the building or structure or its several parts may be put.
§ 230-58 Temporary certificate of occupancy.
Upon request, the Zoning Enforcement Officer may issue a temporary certificate of occupancy for a building or structure, or part thereof, before the entire work covered by the building permit shall have been completed, provided that such portion or portions as have been completed may be occupied safely without endangering life or the public welfare.
§ 230-58.1 Compliance with the zoning and building laws for certain Village actions.
[Added 6-23-2010 by L.L. No. 4-2010; amended 3-8-2011 by L.L. No. 1-2011]
A.
Upon receipt of written notice or order from the Zoning Administrator or Building Inspector that a violation of Chapter 86, "Buildings, Unsafe," Chapter 105, "Fire Prevention and Building Construction," Chapter 230, "Zoning," and/or the New York State Uniform Fire Prevention and Building Code exists at a property, no building permit or certificate of occupancy shall be issued for any use for such property. Further, the Planning Board or the Zoning Board of Appeals, as the case may be, shall not review, hold public meetings or public hearings on, and shall take no action regarding an application for special use approval, site plan approval, subdivision approval, area variance approval, use variance approval, or interpretation in relation to the subject property until notified by the Zoning Administrator that such violation has ceased or been cured.
B.
If no written notice or order has been issued against a property, nothing in this section shall be deemed to prevent the Zoning Board of Appeals or Planning Board from reviewing and acting upon an application from the property owner.
C.
Notwithstanding Subsection A above, if any violation of this chapter is discovered by the Zoning Administrator while an application is under review, the Zoning Administrator shall issue a written notice or order to the property owner and shall copy such notice or order to any Board currently reviewing an application for the subject property. Upon the receipt of such notice, no building permit or certificate of occupancy shall be issued for any use for such property. Further, the Planning Board or the Zoning Board of Appeals, as the case may be, shall immediately stop its review of, shall not hold public meetings or public hearings on, and shall take no further action regarding an application for special use approval, site plan approval, subdivision approval, area variance approval, use variance approval, or interpretation in relation to the subject property until notified by the Zoning Administrator that such violation has ceased or been cured.
D.
Exceptions:
(1)
An exception exists if an application to the Planning Board or the Zoning Board of Appeals, the building permit or the certificate of occupancy is necessary and required to cure an existing violation. In such instance, the Zoning Board of Appeals, Planning Board or the Building Department may consider the application after written notice from the Zoning Administrator confirming that the application is necessary and required to cure an existing violation.
(2)
The Zoning Administrator may grant an exception to this section if all of the following facts apply:
(a)
In the opinion of the Zoning Administrator, there is no nexus or connection between the proposed application, whether to the Planning Board, Zoning Board of Appeals or the Building Department, and the cited violation. For example, if a property owner receives a violation for constructing an outdoor deck without a building permit, but is seeking a building permit to construct a garage in which to park vehicles; and
(b)
In the opinion of the Zoning Administrator, the property owner is diligently working to cure the cited violation.
§ 230-59 Planning Board.
A.
The Planning Board consists of five appointed members who carry out the following responsibilities:
(1)
Review of applications and appeals and criteria.
(2)
Review all applications for special uses in accordance with applicable criteria of this chapter.
(3)
Review all site plan applications in accordance with applicable criteria in this chapter.
(4)
Review all requests for cluster subdivisions, mobile home parks, alley development and other similar provisions that require analysis and interpretation beyond that which is expected from the Zoning Enforcement Officer.
B.
Report of findings. The Planning Board may approve, disapprove or approve subject to conditions or modifications and shall report and record its findings within 30 days of receipt of conditions and modifications and must include the reasons for its decision.
§ 230-60 Penalties for offenses.
A.
A violation of this chapter is a violation punishable by fine not exceeding $250 for any offense. Each week that a violation is permitted shall constitute a separate offense.
B.
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter or of any provision of this chapter or law or regulation, the Village Board, or with their approval, the Zoning Enforcement Officer or other proper official, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction or use to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.
§ 230-61 Appeals from Zoning Enforcement Officer.
A.
Procedure for applicant.
(1)
An appeal to the Zoning Board of Appeals from any ruling of any administrative officer administering any portion of this chapter may be taken by any person aggrieved, or by an officer, board or bureau of the Village affected thereby. Such appeal shall be taken with the Zoning Board of Appeals by filing with the secretary thereof a notice of appeal specifying the grounds therefor within 60 days after the filing of any order, requirement, decision, interpretation or determination of the Zoning Enforcement Officer.
(2)
All applications and appeals made to the Board of Appeals shall be, in writing, on forms prescribed by the Zoning Enforcement Officer.
(3)
Every application or appeal shall refer to the specific provision of this chapter and shall exactly set forth the interpretation that is claimed, the plans for a special use or the details of the variance that is applied for, in addition to the following information:
(a)
The name and address of the applicant, appellant.
(b)
The name and address of the owner of the district lot to be affected by such proposed change or appeal.
(c)
A brief description and location of the district lot to be affected by such proposed change or appeal.
(d)
A statement of the present zoning classification of the district in question, the improvements thereon and the present use thereof.
(e)
A reasonably accurate description of the present improvements and the additions or changes intended to be made under this application, indicating the size of such proposed improvements, materials and general construction thereof. In addition, there shall be attached a plot plan of the real property to be affected, indicating the location and size of the lot and size of improvements thereon and proposed to be erected thereon.
B.
Procedure for Zoning Enforcement Officer.
(1)
The notice of appeal in any case where a permit has been granted or denied by the Zoning Enforcement Officer shall be filed within such time as shall be prescribed by the Zoning Board of Appeals under general rule after notice of such action granting or denying the permit has been mailed to the applicant. The Zoning Enforcement Officer shall forthwith transmit to the Zoning Board of Appeals all papers constituting the record upon which the action appealed from was taken, or in lieu thereof, certified copies of said papers.
(2)
It shall be competent for the Zoning Enforcement Officer to recommend to the Zoning Board of Appeals a modification or reversal of his or her action in cases where he or she believes substantial justice requires the same, but where he or she has not sufficient authority to grant the relief sought.
C.
Procedure for the Zoning Board of Appeals. The Zoning Board of Appeals shall decide each appeal within 62 days. Upon the hearing any party may appear in person or be represented by an agent or attorney. The Zoning Board of Appeals' decision shall be filed in the office of the Village Clerk within five business days after the day such decision is rendered, and a copy thereof shall be mailed to the applicant. Such decision shall also be immediately filed in the office of the Zoning Board of Appeals and be a public record. In the exercise of its functions upon such appeals or upon exceptions, the Zoning Board of Appeals may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from or may make such order, requirement, decision or determination in accordance with the provision hereof.
[Amended 12-16-1997 by L.L. No. 2-1997]
D.
Expiration of appeal decision. Unless otherwise specified by the Zoning Board of Appeals, a decision on any appeal or request for a variance shall expire if the applicant fails to obtain any necessary building permit or comply with the conditions of said authorized permit within six months from the date of authorization thereof.
E.
Stay of proceedings. Whenever there are reasonable grounds therefor, the Zoning Board of Appeals may grant a stay of proceedings pending final determination upon application of any interested party, unless such a stay would cause imminent peril to life or property and upon such terms and conditions as may be just and equitable.
F.
Appeal from decision of Zoning Board of Appeals. All decisions of the Zoning Board of Appeals are subject to court review in accordance with applicable laws of the State of New York.
§ 230-62 Public hearings and notice.
[Amended 2-14-2024 by L.L. No. 4-2024]
The Zoning Board of Appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it and give public notice thereof by the publication in the official paper of a notice of such hearing as provided by the Village Law. In addition, the applicant shall post a sign on the property which is the subject of the application, at the applicant's own cost, containing the notice of public hearing at least 10 days prior to the date of the public hearing. The Zoning Board of Appeals shall determine the number, size and placement of the sign to be posted on the property which shall be in compliance with the requirements of § 230-20 of the Village Code. An affidavit of posting shall be filed with the secretary of the Zoning Board of Appeals at least five days before the public hearing. Reposting of such sign shall not be required for adjourned dates. An applicant shall not be deemed to have violated the requirement to maintain the notice sign if the sign is removed or destroyed by an unrelated party or natural force and replaced within a reasonable period of time. The sign required herein shall be removed within five days of the close of the public hearing. The Zoning Board of Appeals is authorized to develop and revise from time to time policies and procedures regarding the size of notice signs, the font size of the lettering appearing thereon, as well as the level of detail announced in the notice sign in order to best serve the needs of the Zoning Board of Appeals and the public.
A.
Notice to interested parties. In case of any appeal, all interested parties as designated in the Village Law shall be notified as provided therein.
B.
Adjournment of hearing. Upon the day for hearing any application or appeal, the Zoning Board of Appeals may adjourn the hearing for a reasonable period for the purpose of causing such further notice as it deems proper to be served upon such other property owners as it decides may be interested in said application or appeal.
C.
Required interval for hearing on applications and appeals after denial. Whenever the Board, after hearing all the evidence presented upon an application or appeal, under the provision of this chapter, denies the same, the Zoning Board of Appeals shall refuse to hold further hearings on the same or substantially similar application or appeal by the same applicant, his or her successor or assignee for a period of one year, except and unless the Zoning Board of Appeals shall find and determine from the information supplied by the request for a rehearing that changed conditions have occurred relating to the promotion of the public health, safety, convenience, comfort, prosperity and general welfare and that a reconsideration is justified. Such rehearing would be allowable only upon a motion initiated by a member of the Zoning Board of Appeals and adopted by the unanimous vote of the members present, but not less than a majority of all members.
§ 230-63 Fees and expenses.
A.
Fees for permits, hearings, reviews and appeals are set by resolution of the Village Board. See appendix for a listing of current fees.[1] All fees shall be paid at the office of the Zoning Enforcement Officer upon the filing of an application.
[1]
Editor's Note: The current fee resolution is on file and available for inspection at the Village offices.
B.
In addition to the fees, an applicant shall pay for the expenses incurred as a result of mailings when the notification of abutters is required. In the event that an application requires the Village to incur additional and extraordinary expenses for technical assistance in the review of an application, the applicant shall pay the reasonable expenses incurred by the Village. The applicant shall be notified of the expense and shall deposit said necessary covering funds prior to the cost being incurred.