Phelps Village City Zoning Code
ARTICLE VI
Administration and Enforcement
[Amended 7-8-1991 by L.L. No. 2-1991; 3-9-1992 by L.L. No. 3-1992; 10-9-1995 by L.L. No. 2-1995; 11-11-2013 by L.L. No. 4-2013]
§ 175-18 New construction; structural alterations; change in use; building permit criteria.
General sequence of steps. All persons desiring to undertake any new construction, structural alteration of an external feature of a building, or changes in the use of a building or lot shall apply to the Code Enforcement Officer for a building permit by filling out the appropriate application form and by submitting the required fee. The Code Enforcement Officer will issue the building permit where there is no identified need for site plan approval, special use permit approval, or any variances (hereinafter referred to as "action"). Where there is a determined need for any of these three actions, then the Code Enforcement Officer shall refer the application to the appropriate board for action. If any of these three actions are involved, no building permit shall be issued until the respective board has taken action upon the applicant's request. After the building permit has been issued to the applicant, he or she may proceed to complete the action identified. Upon completion of such action, the applicant is required to notify the Code Enforcement Officer who shall conduct a final inspection and issue either a certificate of compliance or a certificate of occupancy.
Building permit types. The classes of building permits that may be issued by the Code Enforcement Officer (CEO) include the following.
A building permit for a permitted residential use involving a legally existing structure may be issued by the CEO regardless of whether or not there is any exterior renovation to the structure or building.
A building permit for a nonresidential use or structure, where there is no change in use and no external alteration may be issued by the CEO.
A building permit may be issued after an appeal to or a request for a variance is granted by the Zoning Board of Appeals in accordance with the provisions of New York State Village Law.
A building permit for a residential structure that does not yet exist that meets all requirements of this chapter.
A building permit for a nonresidential use or structure that does not yet exist that meets all requirements of this chapter after first obtaining site plan approval from the Planning Board.
A building permit for a change in use of an existing nonresidential building or structure where there is no external alteration that does not involve a change in required on-site parking, loading, or site drainage alteration of an existing site.
A building permit for an existing nonresidential building or structure where this is external alteration that does not involve a change in required on-site parking, loading, or alteration of existing on-site drainage.
§ 175-19 Code Enforcement Officer (CEO).
The duties of administering and enforcing the provisions of this chapter are hereby conferred upon the Code Enforcement Officer (CEO), who shall have such powers as are conferred upon him/her by this chapter and by Chapter 67 of the Village Code. He/she shall be appointed by the Village Board and shall carry out any directives from the Board relative to the duties of such position.
§ 175-20 Duties of Code Enforcement Officer.
The Village CEO shall administer and enforce all provisions of the New York State Uniform Fire Prevention and Building Code, the New York State Property Maintenance Law and the New York State Energy Code (See Chapter 67 of the Village Code.) and those provisions set forth elsewhere in Chapters 57, 61, 81, 93, 97, 101, 107, 124 and 175 of the Village Code.
Upon approval of a variance by the Zoning Board of Appeals, the CEO shall be authorized to issue the necessary permits with the specific conditions to be imposed.
The CEO shall prepare a monthly report for the Village Board. Said report shall cite all actions taken by the CEO, all permits and certificates issued; all complaints of violation received and all violations found and the action taken thereon.
The CEO, or when the CEO is not available, the Assistant CEO is hereby authorized and empowered to make interpretations. The Assistant CEO is empowered to make interpretations when the CEO may be determined to have a conflict of interest in making such interpretation or in the absence of the CEO.
The CEO shall be responsible for communicating with appropriate Village officials to ensure that all public meetings are held in adequate facilities.
The CEO shall be responsible for ensuring that all Village files pertaining to an application authorized in the various chapters of the Village Code set forth above herein are maintained for public inspection.
The CEO shall be responsible for notifying applicants of the specific reasons for denial of an application.
The CEO shall maintain a current list showing the variances and special use permits.
§ 175-21 Issuance of certificates and permits.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The certificates and permits enumerated herein are hereby established for the equitable enforcement and administration of the provisions of this chapter. A site development permit shall be a prerequisite for an application for a building permit for the erection or alteration of a building, structure or use thereof or for the change in the use of any land area or existing building except fences, signs, decks, accessory structures no larger than 120 square feet in area, and aboveground swimming pools. Permits issued pursuant to this section shall expire in 12 months if work has not commenced and is completed. Should all work not be completed, the CEO shall cancel the permit effective the last day of the twelve-month period. The CEO may also grant an extension to the permit, to commence at the end of the original twelve-month period, of up to 12 months for time to complete and include any conditions or requirements deemed necessary or desirable. Applicants shall justify the need, in writing, for the proposed extension. Unless such an extension is requested and approved, further work as described in the canceled permit shall not proceed until a new permit has been obtained. If a project is not initiated within six months of the issuance of the new permit, the new permit issued shall be considered null and void.
Site development permit. The CEO is hereby empowered under the procedures and requirements specified in § 175-22 of this chapter to issue a site development permit for any plans regarding the excavation or grading of property, where he/she shall determine that such plans are not in violation with the provisions elsewhere in the Village Code.
Building permit. No building or structure shall be erected, demolished, moved, added to or structurally altered or changed in use without a building permit issued by the CEO except in conformity with the provisions of this chapter and the New York State Uniform Fire Prevention and Building Code, unless he/she receives a written order from the Zoning Board of Appeals in the form of an administrative review or variance; or from the Planning Board for subdivision, special use permit, or site plan approval; or from the Village Board for a temporary use permit, as provided elsewhere in the Village Code.
Temporary use permit. Upon written direction of the Village Board, the CEO is hereby empowered to issue a temporary use permit. A Temporary Use permit shall only be effective for a period of not to exceed six months; said permit may be extended by the Village Board not more than once, for an additional period not to exceed 12 months, not to exceed a total of 18 months, and only if the Village Board has proof that at the end of said extension(s) the temporary use shall cease.
Zoning compliance certification.
It shall be unlawful to use any building or premises, in whole or in part created, erected, changed, converted, altered or enlarged until the CEO has reviewed the application for zoning compliance. No building or site development permit shall be issued until such certification has been made on the application form.
The CEO shall certify that all conditions of approval that may have been first granted by either the Planning Board, or Zoning Board of Appeals have been complied with.
Special use permit. Upon written direction of the Village Planning Board, the CEO is hereby empowered to issue a special use permit as provided for by this chapter.
Uses permitted by special permit shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth in Article V in addition to all other requirements of this chapter. All such uses are hereby declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case.
The CEO shall inspect the premises of a use authorized and approved with a special use permit as provided elsewhere in this chapter.
§ 175-22 Application procedures.
Site development permits. No development of a site shall be allowed except pursuant to a site development permit issued by the CEO. The CEO shall in no case, except under a written order of the Zoning Board of Appeals issue any permit for any building or structure or use where the proposed construction, alteration or use thereof would be in violation of any provision of this chapter.
All applications for site development permits shall be made to the CEO on forms provided by the Village Office.
Where the proposed use is for the expansion of an existing single-family dwelling or an accessory use or structure in a residential district, the CEO shall consider the application for compliance with this chapter and may either issue or deny the permit applied for. When the application is for any other permitted use or special permitted use in any zone, the CEO shall, refer copies of such plans, drawings and statements to the Planning Board for site plan approval in accordance with Article VII of this chapter.
All site development permit applications referred to the Planning Board shall be reviewed to determine: that the proposed site development plan is consistent with the goals and objectives of the Village's Comprehensive Plan, and these development regulations; that the proposed improvements are sufficient to adequately serve the proposed use; that adjacent properties are protected from potential negative impacts; that potential adverse environmental impacts are identified; and appropriate mitigation measures have been proposed.
Site development permit applications. Each application for a site development permit shall be accompanied with a plan of the site. The materials to be submitted with each application shall clearly show the conditions on the site at the time of the application, the features of the site which are to be incorporated into the proposed use or building, and the appearance and function of the proposed use or building. The application shall include a site plan in compliance with this Chapter 175, § 175-11 of the Village Code.
Temporary use permits.
All applications for temporary use permits shall be made to the CEO on forms provided.
The CEO, after determining that an application is in proper form, shall transmit copies of the application and all supporting documents to the Village Board for a temporary use permit.
The application shall include a site development plan of the temporary use and subject parcel drawn to scale which includes all of the data specified in Article VII of this chapter.
In approving an application, the Village Board may impose any modifications or conditions (including time limits) it deems necessary to conform to the goals and objectives of the Village's Comprehensive Plan and its principles of land use and development and to protect the health, safety or general welfare of the public.
If an application is approved by the Village Board, the CEO shall be furnished with a copy of the approving resolution and shall issue the permit applied for in accordance with the conditions imposed by the Board.
If any application is disapproved by the Village Board, the reasons for such denial shall be set forth in the Village Board resolution and a copy of such resolution shall be transmitted to the CEO. The CEO shall deny the application by providing the applicant with a copy of the Village Board's reasons for disapproval.
Certificates of compliance/occupancy.
General.
Within seven days after the completion of the development identified within the issued permit or before the expiration date of said permit, the applicant shall notify the CEO by stating that such action has been completed.
The CEO shall determine the need for an as built survey map where a question arises regarding the placement of a building, structure or other development on a lot.
Within seven days of receipt of this notification, the CEO shall conduct a final inspection of the premises to determine whether the new construction/use complies with the requirements of this chapter.
If the CEO determines that said building or use complies with the provisions of the Village Code, He/she shall issue a certificate of compliance/occupancy. If it is determined that the provisions specified herein are not fully complied with, the CEO shall specify the violations and the terms and conditions for remedying these violations. A certificate of compliance/occupancy shall not be issued until such violations are corrected.
No nonconforming building or use shall be changed without a certificate of compliance/occupancy having first been issued by the CEO. The certificate of compliance/occupancy shall state specifically wherein the nonconforming use differs from the provisions of this chapter.
§ 175-23 Correction of violations.
If the CEO shall find that any of the provisions of this chapter are in violation, he/she shall notify, in writing, the person responsible for such violation indicating the nature of the violation and ordering the action to correct it. In his/her efforts to attain compliance the CEO shall have the authority to order discontinuance of illegal uses of land, buildings or structures; removal of illegal buildings or structures, or of illegal additions, alterations or structural changes; stop work; or discontinuance of any illegal work being done. On the serving of the notice by the CEO to the owner of any property violating any of the provisions of this chapter, the certificate of compliance/occupancy, as appropriate, for such building or use shall be held null and void by the CEO. New certificates of compliance/occupancy shall be required for any further use of such building or premises.
§ 175-23.1 Complaints.
All alleged complaints of a violation of any of the provision(s) of the Village Code shall be in writing, signed by the persons making the complaint and submitted to the CEO at the Village Hall. No telephone communications shall be accepted and only electronic forms of communications in a PDF document will be accepted. Within 30 days of receipt of a written complaint, the CEO will provide a written response to the complainant.
§ 175-23.2 Public notification.
In addition to the requirement for posting a public notice sign on the subject parcel under review and the publishing of a legal notice, as provided for under Village Law, the CEO shall also provide written notification, by U.S. Mail, of an application pending before either the Planning Board, or Zoning Board of Appeals, to all property owners within the Village of Phelps that are located within a distance of 500 feet from the boundary of the subject parcel. Where a subject parcel under review is located within 500 feet from the municipal boundary, the CEO shall provide written notice(s) to the Clerk(s) of adjacent municipalities. Said notices shall be provided at least 10 days prior to the date of any scheduled public hearing.
§ 175-23.3 Fees.
Each application for a permit provided for by this chapter shall be accompanied by a fee, payable in cash, check, or other method as authorized by the Village Board. Fees shall be established annually by resolution of the Village Board as set forth in the fee schedule adopted by resolution by the Village Board at its annual organizational meeting and attached as Schedule III to this chapter.[1]
[1]
Editor's Note: The fee schedule is on file in the Village offices.
§ 175-23.4 Powers and duties of Planning Board.
Site plans. The Planning Board is hereby empowered to review and approve, approve with modifications, or disapprove site plans in accordance with the provisions of this chapter and Article 7 of New York State Village Law; and may adopt such rules and regulations as it deems necessary to exercise the powers so granted.
Special use permits. The Planning Board is hereby empowered to grant special use permit approval in accordance with the provisions of Article 7 of the New York State Village Law and the powers reserved to the Village pursuant to the Municipal Home Rule Law.
Subdivision plats. The Planning Board is hereby empowered to review and approve, approve with modifications, or disapprove subdivisions in accordance with the provisions of Article 7 of New York State Village Law and other pertinent chapters of the Village Code; and may adopt such rules and regulations as it deems necessary to exercise the powers so granted.
Review of applications before the Village Zoning Board of Appeals. The Planning Board is hereby empowered to make recommendations to the Zoning Board of Appeals when requested by said Board concerning site related design and other anticipated impacts upon the environment.