Norwich City Zoning Code
ARTICLE VI
Administration
§ 575-31 Enforcement and administration.
A.
Administrative official. Except as otherwise provided in this chapter, the Code Enforcement Officer or other person designated by Common Council by resolution, shall be designated the Zoning Officer and shall enforce this chapter, including the receiving of applications, the inspection of premises and the issuing of building permits. No building permit or certificate of occupancy shall be issued by him, except where the provisions of this chapter have been complied with.
B.
Building permit required. No building or structure shall be erected, added to or structurally altered until a permit therefor has been issued by the Zoning Officer. All applications for such permits shall be in accordance with the requirements of this chapter, and, unless upon written order of the Zoning Board of Appeals, no such building permit or certificate of occupancy shall be issued for any building where said construction, addition or alteration or use thereof would be in violation of any of the provisions of this chapter.
[Amended 12-15-1998 by Ord. No. 8-1998]
(1)
Matter accompanying application. There shall be submitted with all applications for building permits four copies of a layout or plot plan drawn to scale showing the actual dimensions of the lot to be built upon, the exact size and location on the lot of the building and accessory buildings to be erected, and such other information as may be necessary to determine and provide for the enforcement of this chapter. Within the Business Improvement District (BID), two of the four copies of the plot plan, for new construction or additions only, will be sent to the site plan review Team for comment. The Site Plan Review Team shall consist of the Planning Commission, together with the staff of the Department of Community Development and the Zoning Officer. The Community Development Director shall be Chairperson. The Team will meet within 30 days of the application to review the site plan for compliance with this chapter and to indicate required improvements or modifications to the site plan. Within 30 days of the application, the Team's recommendation of approval, conditional approval or disapproval based on compliance with this chapter will be submitted, in writing, simultaneously to the property owner and to Common Council.
(2)
In the case of a project that is not approved, the owner is invited to meet with the Planning Commission to address the required adjustments.
(3)
Payment of fee: The Common Council shall establish by resolution such fees as it shall deem appropriate in regard to the administration of this chapter.
§ 575-32 Certificate of occupancy.
A.
No land shall be occupied or used, and no building hereafter erected, altered or extended shall be used or changed in use, until a certificate of occupancy shall have been issued by the Zoning Officer, stating that the building or proposed use thereof complies with the provisions of this chapter.
B.
No nonconforming use shall be maintained, renewed, changed or extended in any district without a certificate of occupancy having first been issued by the Zoning Officer thereof.
C.
All certificates of occupancy shall be applied for coincident with the application for a building permit. Said certificate shall be issued within 30 days after the erection or alteration shall have been completed.
D.
No permit for excavation for, or the erection or alteration of or repairs to, any building shall be issued until an application has been made for a certificate of occupancy.
E.
Under such rules and regulations as may be established by the Zoning Board of Appeals and filed with the Zoning Officer, a temporary certificate of occupancy for not more than 30 days for a part of a building may be issued by him.
§ 575-33 Zoning Board of Appeals.
A.
Creation, appointment and organization. A Zoning Board of Appeals is hereby created in accordance with applicable sections of the General City Law, Chapter 21, of the Consolidated Laws, Articles 2-A and 5-A. Said Board shall consist of seven members. The Board shall elect a Chairman from its membership, shall designate a Secretary and shall prescribe rules for the conduct of its affairs.[1]
[1]
Editor's Note: For alternate members of the Zoning Board of Appeals see Ch. 7.
B.
Powers and duties. The Zoning Board of Appeals shall have all the powers and duties prescribed by law and by this chapter, which are more particularly specified as follows:
(1)
Interpretation. An applicant may appeal a decision by the Zoning Officer to decide any provision of this chapter, including determination of the exact location of any district boundary if there is uncertainty with respect thereto.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2)
Special permits. The Zoning Board of Appeals shall have the power, after providing public notice and hearing as provided in Subsection D of this section, to grant or deny special permits where required by this chapter for the particular use in the particular district. (See Use Table.)
(a)
The Zoning Board of Appeals may not grant such permit unless it finds:
[1]
That the use for which such permit is sought will not be injurious to the neighborhood or otherwise detrimental to the public welfare and will be in harmony with the general purpose of this chapter. In determining its findings, the Board shall take into account the character of the neighborhood and use of adjoining buildings and those in the vicinity, the number of persons residing or working in such buildings or upon such land, and traffic conditions in the vicinity.
[2]
That all structures, equipment and materials shall be reasonably accessible for fire and police protection.
(b)
Any special permit which is not exercised within one year from the date of issuance is hereby declared revoked without further hearing by the Zoning Board of Appeals.
(c)
In granting any special permit, the Board shall require all off-street parking necessary to meet the Parking Requirements Table[3] to be a paved surface of either blacktop, concrete, or equivalent as specified by the City Engineer, and the area shall also be required to meet the screening specification as enumerated in Article IV, § 575-22, Off-street parking and loading, of this chapter.
[Added 11-23-2004 by Ord. No. 2-2004]
[3]
Editor's Note: The Parking Requirements Table is included at the end of this chapter.
(d)
In granting any special permit, the Board shall prescribe any condition, which it deems to be necessary or desirable for the public interest.
(3)
Use variance.
(a)
The Zoning Board of Appeals, on appeal from the decision or determination of the administrative official charged with the enforcement of this chapter, shall have the power to grant use variances, as defined herein.
(b)
No such use variance shall be granted by a Zoning Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship the applicant shall demonstrate to the Zoning Board of Appeals that for each and every permitted use under the zoning regulations for the particular district where the property is located:
[1]
The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;
[2]
The alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood;
[3]
The requested use variance, if granted, will not alter the essential character of the neighborhood; and
[4]
The alleged hardship has not been self-created.
(c)
The Zoning Board of Appeals, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proven by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
(4)
Area variance.
(a)
The Zoning Board of Appeals shall have the power, upon an appeal from a decision or a determination of the administrative official charged with the enforcement of this chapter to grant area variances as defined herein.
(b)
In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the Board shall also consider:
[1]
Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance;
[2]
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
[3]
Whether the requested area variance is substantial;
[4]
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
[5]
Whether the alleged difficulty was self-created which consideration shall be relevant to the decision of the Zoning Board of Appeals, but shall not necessarily preclude the granting of the area variance.
(c)
The Zoning Board of Appeals, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
(5)
Imposition of conditions. The Zoning Board of Appeals shall, in the granting of both use and area variances, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of this chapter, and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood community.
C.
Procedure. The Zoning Board of Appeals shall act in strict accordance with the procedure specified by law and by this chapter, more particularly described as follows:
(1)
All appeals and applications made to the Board shall be in writing and on forms prescribed by the Board and shall include at least:
(a)
Reference to the specific provision of this chapter involved;
(b)
The district in which the parcel is located;
(c)
A plot plan, drawn approximately to scale, showing the location of all existing and proposed buildings and structures;
(d)
Either the exact interpretation of this chapter claimed, the use for which a special permit is sought, or the details of the variance that is applied for and the ground on which it is claimed that the variance should be granted.
(2)
The Secretary of the Zoning Board of Appeals shall transmit for comment and review to the City Planning Commission, the County Planning Board, in accordance with § 239-m of General Municipal Law, State of New York, and the Code Enforcement Officer, a complete copy of said application and appeal, together with a notice of the required public hearing (if requested) at least 10 days prior to aforesaid hearing.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3)
Every decision of the Zoning Board of Appeals shall be by resolution, each of which shall contain a full record of the evidence presented and the findings of the Board.
(4)
Each resolution shall be filed in the office of the City Clerk by case number under one of the following headings: interpretation, special permits or variance. Each file shall include all pertinent documents.
(5)
The Zoning Board of Appeals shall notify the City Council and the Planning Commission of each special permit and each variance granted under the provisions of this chapter.
(6)
Administration of the Zoning Board of Appeals will conform to all applicable sections of the General City Law.
D.
Notice and hearing. No action of the Board shall be taken on any case until proper notice has been given and a public hearing has been held. Proper notice of a hearing before the Board shall be, besides "public notice," written notice mailed to the owner or his agent and, so far as it is practicable, written notice to directly affected property owners or their agents, given at least 10 days prior to the date of such proposed hearing in such manner as the Board may, by its rules, prescribe.
§ 575-34 Notification of adjacent municipality. [1]
When an application for a special permit, site plan review or use variance involves property that is within 500 feet of an adjacent municipality, as defined in § 239-nn of the General Municipal Law, the Planning Commission shall give notice to the adjacent municipality by mail or electronic transmission to the clerk of the adjacent municipality at least 10 days prior to any hearing. Such adjacent municipality may appear and be heard.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
§ 575-35 Amendments.
The Common Council may on its own motion or on petition, or on recommendation of the Planning Commission, amend, supplement or repeal the regulations and provisions of this chapter.
A.
Every such proposed amendment or change, whether initiated by the Common Council or by petition, shall be referred to the Planning Commission for study and report thereon before the public hearing hereinafter provided for.
B.
Notice.
(1)
The Common Council, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed amendments and cause notice to be given as follows:
(a)
By publishing a notice once a week for two consecutive weeks in the official newspaper of the City.
(b)
By mailing a notice thereof to every association of residents of the City, which shall have registered its name and address for this purpose with the City Clerk.
(2)
The notice shall state the general nature of the proposed amendments as well as the text.
C.
An amendment for rezoning may be initiated by a petition of interested property owners or authorized agents of such owners for rezoning of any land to less restricted district, provided that said land is adjacent to or directly across a street or alley from property which is already zoned in the same or less restricted zone as that to which said property is proposed to be rezoned.
§ 575-36 Penalties for offenses.
[Amended 11-23-2004 by Ord. No. 2-2004]
A.
The property owner shall have 60 days to correct such violation or face prosecution by the City of Norwich. Any person who is found guilty of violating any provision of this chapter shall be punishable by a fine of not to exceed the maximum allowed by law and/or imprisonment not to exceed 15 days. Each violation of this chapter shall be a separate offense and each day of said violation shall be considered a separate offense.
B.
The imposition of the above punishment shall not restrict the City of Norwich in enforcing compliance with this chapter or other appropriate proceeding.