Olive City Zoning Code
ARTICLE VII
Administration and Enforcement
§ 155-33 Enforcement.
A.
No board, agency, officer, or employee of the town shall issue, grant, or approve any permit, license, certificate, or other authorization, including adjustments by the Board of Appeals, for any construction, reconstruction, alteration, enlargement, or moving of any building, or for any use of land or building that would not be in full compliance with the provisions of this chapter. Any such permit, license, certificate, or other authorization issued, granted or approved in violation of the provisions of this chapter shall be null and void and of no effect, without the necessity of any proceedings or revocation or nullification thereof, and any work undertaken or use established pursuant to any permit, license, or certificate or authorization, shall be unlawful, and no action shall be taken by any board, agency, officer or employee of the town purporting to validate any such violation.
B.
This chapter shall be enforced by the Zoning Inspector, in accordance with the provisions of this chapter.
§ 155-34 Zoning permits and licenses.
No structure or use which requires site plan or special permit approval shall be erected, constructed, enlarged, or moved until a permit therefor has been issued by the Zoning Inspector. All other structures or uses shall require notification to the Zoning Inspector prior to construction in order to assure compliance. Except upon a written authorization of the Board of Appeals, no zoning permit or certificate of occupancy shall be issued for any building where said erection, construction, enlargement, addition, alteration, or moving thereof would be in violation of any of the provisions of this chapter.
§ 155-35 Certificates of compliance.
A.
It shall be unlawful for an owner to use or permit the use of any building or premises for which a zoning permit is required in accordance with § 155-34 until a certificate of compliance shall have been issued by the Zoning Inspector. Such certificate shall state that such building or premises, or part thereof, and the proposed use thereof are in complete conformity with the provisions of this chapter. It shall be the duty of the Zoning Inspector to issue a certificate of compliance upon request of the applicant for any use and premises provided that the building and the proposed use of the building or premises conforms with all the requirements of this chapter.
B.
A temporary certificate of compliance may be issued by the Zoning Inspector under such conditions as approved by the Zoning Board of Appeals.
C.
No preexisting use shall be changed or extended without a certificate of compliance having first been issued by the Zoning Inspector therefor.
D.
A certificate of compliance shall be deemed to authorize and is required for both initial and continued occupancy and use of the building or land to which it applies, and shall continue in effect as long as such building and the use thereof, or of such land, is in full conformity with the provisions of this chapter and any requirements made pursuant thereto. On the serving of notice by the Zoning Inspector of any violation of any of the said provisions or requirements in respect to any building or the use thereof, or of land, the certificate of compliance for such use shall thereupon become null and void, and a new certificate of compliance shall be required for any further use of such building or land.
E.
The Zoning Inspector shall maintain a record of all certificates, and copies shall be furnished, upon request, to any person having a proprietary or tenancy interest in the building affected. Upon written request from the owner, and by payment by him to the town of a fee as set from time to time by resolution of the Town Board, the Zoning Inspector shall issue a certificate of compliance for any building or premises existing at the time of the enactment of this chapter, certifying, after inspection, that the extent and kind of use and disposition conforms with the provisions of this chapter.[1]
§ 155-36 Penalties for offenses.
A.
Any owner, lessee, tenant, occupant, architect or builder, or the agent of any of them, who violates or is accessory to the violation of any provisions of this chapter, or who fails to comply with any of the requirements thereof, or who erects, constructs, alters, enlarges, converts, or moves, uses any building, or uses any land in violation of any detailed statement or plans submitted by him and approved under the provisions of this chapter, shall be guilty of an offense, and shall be liable to the penalties provided in § 268 of the Town Law. Each 60 days' violation shall constitute a separate offense. Violations shall be prosecuted and penalties collected in the manner prescribed by law or ordinance effective in the town.
B.
Any building erected, constructed, altered, enlarged, converted, moved or used contrary to any of the provisions of this chapter, and any use of any land or any building which is conducted, operated or maintained contrary to any of the provisions of this chapter, shall be and the same is hereby declared to be unlawful. The Zoning Inspector may institute an injunction, mandamus, abatement, or any other appropriate action to prevent, enjoin, abate, or remove such erection, construction, alteration, enlargement, conversion, or use in violation of any of the provisions of this chapter. Such action may also be instituted by any property owner who may be particularly damaged by any violation of this chapter. The Zoning Inspector shall serve notice personally, or by certified mail, on the person or corporation committing or permitting the same and, if such violation does not cease within such time as the Zoning Inspector may specify, and a new certificate of compliance is not obtained, he shall institute such of the foregoing actions as may be necessary to terminate the violation. Such notice may also be served by posting on the premises.
C.
The remedies provided for herein are cumulative and not exclusive, and shall be in addition to any other remedies provided by law.
§ 155-37 Board of Appeals.
A.
Creation, appointment and organization. A Board of Appeals is hereby created as provided by law. Said Board shall consist of five members. The Town Board shall designate one member of the Board as Chairman. The Board of Appeals shall appoint a secretary and shall prescribe rules for the conduct of its affairs.
B.
Powers and duties, general. The Board of Appeals shall have all the powers and duties prescribed by law and by this chapter, which powers and duties are summarized and more particularly specified as follows, provided that none of the following sections shall be deemed to limit any of the power of the Board of Appeals that is conferred by general law.
C.
Interpretation. On appeals from an order, requirement, decision or determination made by an administrative official, or on request from any official or agency of the town, the Board of Appeals shall have the power to decide any question involving the interpretation of any provision of this chapter, including determination of the exact reference to the rules specified in § 155-4.
D.
Variance or adjustment.
(1)
Where the strict application of any of the requirements of this chapter in the case of an exceptionally irregular, narrow, shallow, or steep lot, or other exceptional physical conditions, as a result of which strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved, but in no other case, the Board of Appeals shall have the power, upon appeal, to vary or adjust the strict application of the regulations or provisions of this chapter.
(2)
Variances.[1]
(a)
Use variances.
[1]
The 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.
[2]
No such use variance shall be granted by a 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 Board of Appeals that for each and every permitted use under the zoning regulations for the particular district where the property is located:
[a]
The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence.
[b]
The alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood.
[c]
The requested use variance, if granted, will not alter the essential character of the neighborhood.
[d]
The alleged hardship has not been self-created.
[3]
The 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.
(b)
Area variances.
[1]
The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of the administrative official charged with the enforcement of this chapter, to grant area variances as defined herein.
[2]
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:
[a]
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;
[b]
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
[c]
Whether the requested area variance is substantial;
[d]
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
[e]
Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of the area variance.
[3]
The 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.
(c)
Imposition of conditions. The Board of Appeals shall, in the granting of both use variances 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 or community.
§ 155-38 Conditions and safeguards.
In all cases where the Board of Appeals authorizes the issuance of a zoning permit or compliance permit under any of the above powers, it shall be the duty of said Board to attach such conditions and safeguards as may be required to protect the public health, safety, morals and general welfare.
§ 155-39 Appeals procedure.
A.
All appeals and applications to the Board of Appeals shall be taken in the manner prescribed in § 267 of the Town Law and within such time as shall be prescribed by the Board of Appeals by general rule. All such appeals and applications shall be in writing, on forms prescribed by the Board, and each appeal or application shall fully set forth the circumstances of the case. Every appeal or application shall refer to the specific provision of the chapter involved, and shall exactly set forth, as the case may be, the interpretation that is claimed, the details of the adjustment that is applied for, and the grounds for which it is claimed that the same should be granted. Every decision of the Board of Appeals shall be recorded in accordance with standard forms adopted by the Board, and shall fully set forth the circumstances of the case and the findings on which the decision was based.
B.
Any person or persons, jointly or severally, aggrieved by any decision of the Board of Appeals, or any officer, department, board or bureau of the town, may apply to the Supreme Court of the State of New York for relief by a proceeding under Article 78 of the Civil Practice Law and Rules, as stated in § 267 of the Town Law.