North Hornell Village
City Zoning Code
City Zoning Code
ARTICLE VIII
Administration
§ 140-50 Zoning Officer.
A.
Appointment. The duty of administering and enforcing these regulations is hereby conferred upon the Zoning Officer who shall have such powers as are conferred upon him by these regulations. He shall be appointed by the Mayor and approved by the Board of Trustees and shall serve at the pleasure thereof and shall receive such compensation as said Board shall determine.
B.
Authority. In accordance with § 150 of the Criminal Procedure Law and § 10, Subdivision 4a, of the Municipal Home Rule Law of the State of New York, the North Hornell Village Board authorizes the duly designated Zoning Officer to issue appearance tickets when a violation persists after notice of discontinuance has been issued or when said notice is refused by a violator. The Zoning Office shall simultaneously file an information with the Justice to complete the appearance ticket procedure.
C.
Duties. For the purpose of these regulations, the Zoning Officer, in accordance with the provisions of these regulations, is authorized:
(1)
To issue zoning permits and certificates of zoning compliance in accordance with the provisions of these regulations.
(2)
To receive and record fees with applications pursuant to § 140-54C below.
(3)
Upon finding that any provision of these regulations is being violated, to notify in writing the person responsible for such violation, stating the action necessary to correct said violation.
(4)
To order discontinuance of illegal uses of land, buildings or structures.
(5)
To order removal of illegal buildings or structures or illegal additions or structural alterations.
(6)
To order discontinuance of any illegal work being done.
(7)
To take any other action authorized by these regulations to assure compliance with or prevent violations of these regulations.
(8)
To submit a written monthly report to the Village Board describing and enumerating actions taken and permits issued, accounting for and transmitting fees received.
§ 140-51 Zoning permits.
A.
Issuance. A zoning permit authorizes the start of construction or other work as described in the application therefor. No building or structure shall be erected, moved, added to, altered or enlarged nor shall any use of buildings or land be established or changed without a zoning permit therefor issued by the Zoning Officer in compliance with these regulations, or pursuant to terms of a variance order issued by the Board of Appeals.
B.
Expiration. If the work for which the zoning permit is issued has not begun within 90 days from the date of issuance, said permit shall expire. If the work for which a zoning permit has been issued has not been completed within one year of the date of the permit, said permit shall expire.
§ 140-52 Certificates of zoning compliance.
A certificate of zoning compliance shall be issued upon satisfactory completion of all necessary work undertaken pursuant to a duly issued zoning permit. The certificate allows the following:
A.
Change in use of an existing building;
B.
Occupancy and use of buildings hereafter erected, altered, moved or extended; or
C.
Occupancy and use of vacant land, or change in the use of land, except for tilling the soil or similar customary agricultural use for which permits are not required under these regulations.
§ 140-53 Special permits.
Special permits shall be processed by the Zoning Officer in accordance with Article VII of this chapter.
§ 140-54 Application for permits.
Applications for zoning permits and certificates of zoning compliance shall be submitted simultaneously to the Zoning Officer on forms provided by him. Such permits and certificates shall be issued only in conformance with all the provisions of these regulations. Permits also may be required to conform to requirements of Chapter 55, Flood Damage Prevention, of the Code of the Village of North Hornell.
A.
Contents.
(1)
Each application shall set forth the purpose for which the structure is intended or for which the land is to be used and shall be accompanied by a plot plan, scale drawings and/or sketches and descriptions of the lot showing existing and proposed conditions, including, as appropriate, the number of dwelling units and such other information as may be lawfully be required by the Zoning Officer.
(2)
The original copy of such plans and/or illustrative and explanatory material shall be filed at the Village Hall.
B.
Inspection. The Zoning Officer shall make or cause to have made an inspection of each building, structure or lot for which a certificate of zoning compliance has been applied before issuing such certificate, in order to assure compliance with all terms of the application and the zoning permit as issued.
C.
Fees.
(1)
The following schedule of fees shall be effective with the enactment of these regulations. Fees shall be paid at the office of the Zoning Officer upon filing of an application:
(a)
Application for zoning permit and certificate of zoning compliance: $10.
(b)
Appeal for a variance or for administrative review: $10.
(c)
Application for a special permit: $10.
(d)
Application for amendment of these regulations or the Zoning Map: $20.
(2)
No action shall be taken on any application or appeal until all applicable fees have been paid.
§ 140-55 Board of Appeals.
A.
Appointment and organization.
(1)
A Board of Appeals is hereby created. Said Board shall consist of five members appointed by the Village Board, which shall designate a Chairperson and Deputy Chairperson; such designations shall run for a period of three years.
(2)
No person who is a member of the Village Board shall be eligible for membership on such Board of Appeals. Of the members of the Board first appointed, one shall hold office for the term of one year, one for the term of two years, one for the term of three years, one for the term of four years and one for the term of five years.
(3)
Thereafter, each member shall hold office for a term of five years from and after the expiration of terms of their predecessors in office. If a vacancy shall occur other than by expiration of a term, it shall be filled by the Village Board by appointment for the unexpired term.
B.
Powers and duties. The Board of Appeals shall have all the powers and duties prescribed by the Village Law of the State of New York, Article VII, § 7-712, and by these regulations, which are more particularly specified as follows:
(1)
Administrative review. The Board of Appeals shall hear and decide appeals from the review of any order, requirement, decision or interpretation made by the Zoning Officer in the enforcement of these regulations when it is contended that there has been an error of procedure or of substance therein.
(2)
Variances. In particular cases when it is contended on appeal that strict application of these regulations would cause practical difficulties or unnecessary hardship, the Board of Appeals may vary or modify such regulations to the minimum extent needed to do justice while assuring the public safety and welfare.
(3)
Staff. The Board of Appeals may employ such staff assistance as may be necessary and prescribe their duties, provided that at no time shall expenditures therefor exceed the appropriations made by the Village Board for such use and then available for said purpose.
(4)
Rules. The Board of Appeals shall have the power to make and adopt such written rules of procedure, bylaws and forms as it may deem necessary for the proper execution of its duties and to secure the intent of these regulations. Such rules, bylaws and forms shall not be in conflict with nor have the effect of waiving any provision of these regulations or any other regulations of the Village of North Hornell.
(5)
Meetings. All meetings of the Board of Appeals shall be open to the public and shall be held at the call of the Chairman and at such other times as the Board may determine. The concurring vote of a majority of all members of the Board shall be necessary to decide any matter on which the Board is required to rule.
(6)
Records. The Board of Appeals shall keep minutes of its proceedings, showing the vote of each member on every question. If a member is absent or fails to vote, the minutes shall indicate such fact.
(7)
Board of Appeals office. The office of the Village Clerk shall be the office of the Board of Appeals, and every rule, regulation, amendment or repeal thereof, and every order, requirement, decision or determination of the Board shall immediately be filed in said office.
(8)
Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Officer certified that by reason of fact, a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or by a court of record on an application, on notice of the Zoning Officer and on due cause shown.
§ 140-56 Appeals.
A.
A person aggrieved by any interpretation, decision, order or requirement of the Zoning Officer issued pursuant to his duties under these regulations may appeal therefrom to the Board of Appeals, within a time set by general rule of the Board.
B.
An appeal shall be on forms prescribed by the Board and available from the Zoning Officer and shall specify the grounds for such appeal and the particular relief sought. A copy thereof shall be filed with the Zoning Officer and a copy with the Board of Appeals. The Zoning Officer shall give the Board the complete record of action under the appeal.
C.
Hearing.
(1)
The Board shall fix a reasonable time for the hearing of appeals and shall give due notice of the time set for the hearing. Such notice shall be by publication in the official newspaper of the Village of North Hornell, at least 10 days in advance thereof, which notice shall briefly describe the nature of the appeal and time and place of the hearing. The appellant shall be notified by mail.
(2)
The public hearing shall be held. Any party may appear in person, or by agent or attorney. The Board shall decide the appeal within 62 days following the close of the hearing.
(3)
The Board of Appeals' decision may modify, reverse or affirm wholly, or partly, the order, requirement, decision or determination appealed from. In its decision, the Board shall resolve the matter in such a manner as in its opinion ought to be done under the circumstances. The decision shall be written, and copies thereof shall be delivered to the appellant and the Zoning Officer and filed with the Village Clerk.
D.
Referral.
(1)
In accordance with § 239-m of the General Municipal Law, at least 10 days prior to the date of any hearing by the Board of Appeals upon an appeal for variance as provided in § 140-55B(2) above, notice shall be given to the Steuben County Planning Board for any action affecting property within 500 feet of the boundary of the village or from the right-of-way of any county or state highway or expressway.
(2)
If the County Planning Board disapproved the proposal or recommends modification thereof, the Board of Appeals shall not act contrary to such disapproval or recommendation except by vote of a majority plus one of the members thereof, and after adoption of a resolution fully setting forth the reasons for such contrary action.
E.
Any person or persons jointly or severally aggrieved by a decision of the Board of Appeals or any office, department, board or bureau of the village may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules. Such proceedings shall be instituted within 30 days after filing of a decision in the office of the Village Clerk.
§ 140-57 Variances.
A.
Appeal. Any person who finds, in his opinion, that a decision of the Zoning Officer, applying or enforcing strictly any provision of these regulations, would under the particular circumstances cause him great practical difficulties or unnecessary hardship may appeal such decision as provided for in § 140-56 above. The appeal shall specify the particular provision appealed from and the nature and extent of relief sought.
B.
Obtaining a variance.
(1)
Grounds for appeal.
(a)
Any person may appeal a rejection of an application for a zoning permit or the rejection of an application for a special permit, or any modification or condition attached to such permit by the Planning Board upon concluding that strict application of a particular provision of these regulations would cause the appellant practical difficulty or unnecessary hardship in carrying out a contemplated undertaking, as set forth in § 140-56A and B.
(b)
Before filing an appeal for variance from a provision of these regulations, a person should carefully weigh the facts of the matter, and the relief desired, against the standards set out in Subsection B(6) below.
(2)
Submittal. The appellant shall obtain from the Zoning Officer an appeal for a variance. The completed form shall exactly identify the particular provision of these regulations from which the appeal is taken and shall specify the nature of relief sought and the reasons therefor. It shall be submitted to the Zoning Officer, who shall promptly send the appeal and all other records of the matter in his file, if any, to the Board of Appeals.
(3)
Referral to County Planning Board. If the appeal pertains to premises within 500 feet from any boundary of the Town or the Village of North Hornell or from any county or state road or highway or from any county or state park or other recreation area, a copy of the appeal form shall be sent to the Steuben County Planning Board for review and comment, as set forth in § 140-56D.
(4)
Hearing.
(a)
The Board of Appeals shall promptly set a date for public hearing of the appeal. The Board shall promptly mail notice thereof to the appellant and to the Zoning Officer and publish notice thereof in the official newspaper of the village and issue any other notice the Board may choose, at least 10 days prior to such date.
[Amended 11-13-1989 by L.L. No. 6-1989]
(b)
At the hearing, relevant information may be presented by any interested person. The Chairman may compel attendance of witnesses and administer oaths thereto. The appellant, who may be represented by counsel, may present information to supplement his written appeal. The Zoning Officer or Village Attorney shall present information supporting strict application of the regulation under appeal. Minutes of all proceedings shall be kept, clearly recording the information received, which shall become part of the record of the matter under appeal.
(5)
Purpose of variances. After considering the record and, if it wishes, examining the premises, the Board of Appeals shall have the power, in granting an appellant relief, to vary or modify any provision of these regulations relating to the use, construction or alteration of buildings or other structures, or the use of land, so that the spirit of these regulations shall be observed, the public safety and welfare secured and substantial justice done.
(6)
Standards. The Board of Appeals shall be governed by the standards set forth below, in ruling on any appeal for variance from strict application of these regulations:
(a)
If the appellant seeks a variance in order to establish or maintain a use not allowed in the district, the Board shall grant the relief sought only if it finds substantial factual evidence in the record that the appellant would otherwise be subject to unnecessary hardship, because the property cannot yield a reasonable return if used only for the purpose allowed in the district and the requested use will not alter the essential character of the surrounding area.
(b)
If the appellant seeks a variance from the allowable minimum lot area, lot width, depth of required yards and/or maximum allowable building height in the district, the Board shall grant the relief sought only if it finds substantial factual evidence in the record that the appellant would otherwise experience practical difficulty, suffering significant economic injury, without the requested variance and the village has failed to show that strict enforcement of the regulation appealed from is necessary to protect the public health, safety or welfare.
(c)
However, where the Board does find from the record that strict enforcement of such dimensional regulation is necessary to protect the public health, safety and welfare, the Board nevertheless shall grant the relief sought if the record demonstrates that otherwise the appellant will be deprived of all reasonable use of the property.
(7)
Decision.
(a)
The Board of Appeals shall duly consider the record of the matter from which the appeal was taken and shall weigh all the facts against the standards set forth in Subsection B(6) above. Within 45 days following the close of the hearing, the Board shall issue its decision. Copies of the Board's decision shall be sent promptly to the appellant and the Zoning Officer.
(b)
The concurring vote of a majority of the members of the Board shall be necessary to grant a variance, except that the concurring vote of a majority plus one of the members shall be required for a decision contrary to any recommendation of the County Planning Board. [See Subsection B(3) above.]
(8)
Lapse. Any variance authorized by the Board of Appeals that is not exercised within one year from the date of issuance shall expire automatically without a further hearing by the Board.
(9)
Order of variance. If relief is granted, it shall be in the form of an order of variance directed to the Zoning Officer, fully describing the variance granted and any conditions and safeguards attached thereto. In granting any variance, the Board may attach such reasonable conditions as it shall deem necessary to safeguard nearby properties, and protect the public health, safety and welfare. A copy shall be retained in the Board's records.