Palmyra Village City Zoning Code
ARTICLE VIII
Administration and Enforcement
§ 200-48 Zoning Administrator.
A.
Office and appointment. There is hereby established the position of Zoning Administrator who shall be appointed by the Village Board and may hold other appointive office. In the event a Code Enforcement Officer is appointed, he may be given the additional function of Zoning Administrator.
B.
Powers and duties. It shall be the duty of the Zoning Administrator to enforce the provisions of this chapter. He shall examine all applications for permits and issue permits only for construction and uses which are in accordance with the requirements of this chapter and also other ordinances, rules and regulations of the Village of Palmyra enforced at the time of application, and also in compliance with such laws of the State of New York enforced at the time of application. Permits for construction and uses which require approval from the Board of Appeals shall be issued only upon written order of that Board.
C.
Records and reports. The Zoning Administrator shall maintain in the office of the Village Clerk records and files of all applications for permits with any accompanying plans and documents, which shall be matters of public record. He shall make such reports as the Village Board requires and shall report to the Village Board on all problems which arise in the administration of this chapter.
D.
Entry. The Zoning Administrator shall have the right at any reasonable time to enter any premises in the presence of the owner or occupant for the purpose of making an inspection of the buildings or premises necessary to carry out his duties.
E.
Stop-work order. Whenever any construction work is being done contrary to the provisions of this chapter or a permit issued under it, the Zoning Administrator may order the work stopped by notice in writing served on anyone engaged in such work or causing such work to be done and such person shall forthwith stop such work until notice is received in writing that such stop-work order has been withdrawn or canceled.
§ 200-49 Permits required.
A.
Building permit.
(1)
Permit requirement. A building permit shall be required prior to the erection, alteration of or addition to any building or structure. It shall be unlawful for any person to commence work requiring a building permit until such permit has been duly issued. In the event a Building Code is adopted,[1] only one permit shall be required which shall cover both the Building Code and this chapter and shall be issued by the Code Enforcement Officer only after approval of the Zoning Administrator, if a separate official.
[1]
Editor's Note: See Ch. 76, Building Construction and Fire Prevention.
(2)
Application. Every application for a building permit shall be accompanied by a plan drawn to scale showing:
(a)
The lot upon which the building is proposed to be erected or on which an existing building is to be modified, together with lot dimensions, street address and map numbers; the names of abutting streets; the location, dimensions and uses of any existing buildings on the lot.
(b)
The location, dimensions and proposed use of buildings for which the permit is sought.
(c)
North point and scale.
(3)
Review and action. No building permit shall be issued until the Zoning Administrator has certified that the proposed action complies with the provisions of this chapter. In the event an application is denied by the Zoning Administrator, he shall issue to the applicant a written statement containing the reasons therefor. In granting a building permit, the Zoning Administrator or Code Enforcement Officer shall provide a building permit card to be posted on the site, which card shall be posted on the site of operation, visible from the street and open to inspection during the entire time of the prosecution of the work.
(4)
Time limit. If the work for which a building permit has been issued is not commenced within 60 days after the date of issuance of the permit, or if commenced, ceases for a period exceeding 60 days or such longer period as the Zoning Administrator may authorize in writing in recognition of the occurrence of conditions unforeseen at the time of issuance of the permit, the permit shall expire and a new permit shall be required before such work is commenced.
B.
Certificate of occupancy for a building where a building permit is required.
(1)
Requirement. No buildings or structures hereafter erected, altered or extended shall be used or changed in use until a certificate of occupancy shall have been issued by the Zoning Administrator, except that no occupancy permit shall be required for a permitted sign three square feet or less in area. A certificate of occupancy, however, shall not be required for the occupancy or use of a one- or two-family dwelling and its accessory structures when located in a residential use district and used exclusively for residence purposes.
(2)
Application. Application for a certificate of occupancy shall be made coincidentally with the application for a building permit and no building permit shall be issued until application shall have been made for a certificate of occupancy.
(3)
Review and action. Request for the issuance of a certificate of occupancy may be made upon completion of the erection, addition or alteration of any building, structure or portion thereof. If the Zoning Administrator finds that the construction has been completed, or has progressed to an extent that compliance with the terms of the building permit is finally ascertainable, finds that the building may be safely occupied and finds that provisions for use are in conformity with the provisions of this chapter, he shall issue the certificate of occupancy. If the request is denied, the Zoning Administrator shall issue to the applicant a written statement containing the reasons for such denial.
C.
Certificate of occupancy for use of land.
(1)
Requirement. No land or existing building shall be put to a different type of use than that existing immediately previous until a certificate of occupancy has been granted by the Zoning Administrator, nor shall a nonconforming use be changed or extended without a certificate of occupancy.
(2)
Application. Written application to the Zoning Administrator shall be made in the same manner as for use of a building.
(3)
Review and action. If the Zoning Administrator shall find that a requested use for which a certificate is requested is in conformity with the provision of this chapter and all other applicable laws and ordinances, he shall issue such permit. If such request is denied, the Zoning Administrator shall issue to the applicant a written statement containing the reasons for such denial.
D.
Fees. A schedule of fees shall be adopted by the Village Board and shall be available from the Village Code Enforcement Officer and the Village Clerk.
[Amended 4-15-1991 by L.L. No. 1-1991]
E.
Duplicate copies. Duplicate copies of every certificate of occupancy and of every use permit shall be kept in the office of the Village Clerk. Copies shall be furnished on request and upon payment of copying costs to any person having a proprietary or tenancy interest in the building or land affected.
§ 200-50 Notice of violations.
A.
The use or occupancy of any building, structure or land contrary to the terms herein and any other applicable laws or ordinances shall not be permitted. Upon notice of such unlawful use or occupancy, the Zoning Administrator shall serve a written notice of such violation upon the owner, agent, occupant, contractor or builder to cease or desist such unlawful use or occupancy or remove said violation within five days from the date of such notice. In the event that such violation is removed within said period to the satisfaction of said officer serving such notice, he shall note the same accordingly upon his copy of such notice.
B.
In the event such violation or unlawful use is not terminated within said period, the occupancy or use permit for such property shall become null and void and a new certificate of occupancy or use permit shall be required for any further occupancy or use of such building or land.
C.
In the opinion of the Zoning Administrator, if such violation or unlawful use tends to jeopardize health, life or limb, he may order its use to cease and desist forthwith and any further use or occupancy of such property shall be unlawful until the violation or unlawful use is terminated and a new certificate of occupancy or use permit is issued.
§ 200-51 Penalties for offenses. [1]
For any and every violation of the provisions of this chapter, the owner, general agent, contractor, lessee or tenant of any entire building or entire premises where such violation has been committed or shall exist, and the general agent, architect, building contractor or any other person who knowingly commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation shall exist, shall be liable, upon conviction thereof, to a penalty not exceeding $250 or a term of imprisonment not exceeding 15 days, or both, for each and every offense; and whenever such person shall have been notified by the Zoning Administrator by service of a summons in a prosecution, or in any other way, that he is committing such violation of this chapter, each day that he shall continue such violation after such notification shall constitute a separate offense punishable by a like fine or penalty. Such fines or penalties shall be collected as like fines or penalties are now by law collected.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
§ 200-52 Remedies.
In case any building, sign or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, sign, structure or land is used, or any hedge, tree, shrub or other growth is maintained in violation of this chapter, or of any regulations pursuant hereto, in addition to other remedies provided by law, any appropriate action or procedure may be instituted or taken to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance 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.
§ 200-53 Other remedies not excluded.
The various remedies provided herein are cumulative and not exclusive and shall be in addition to any other remedies provided by law.