Riga City Zoning Code
ARTICLE IV
Administration and Enforcement
§ 95-16 Building permits; certificates of occupancy.
A.
No building permit application shall be approved by the Zoning Enforcement Officer nor a building permit issued for any purpose except in compliance with the provisions of this chapter and such other ordinances, rules and regulations of the Town of Riga as are currently in force at the time of the application and also in compliance with such laws of the State of New York and the County of Monroe as are currently in force at the time of the application.
B.
No land shall be occupied or used and no building or structure hereafter erected or extended shall be used or changed in use until a certificate of occupancy shall have been issued by the Zoning Enforcement Officer.
C.
Building permits are required for all structures in all use districts, including all accessory structures, wherever their location is within the lot, and including all signs wherever permitted. Permits are required for all nonresidential farm structures; however, no fee will be required.
D.
Certificates of occupancy shall be applied for concurrently 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. This requirement does not apply to nonfee permits described in Subsection C above.
E.
No permit shall be granted for a building unless the property where such a building is to be constructed is in the ownership of the applicant for such permit.
F.
For the purpose of this section, the use or occupancy of a building or land relates to anything that is done to, on or in that building or land.
H.
Building permits issued after the date of enactment of this amendment shall become null and void unless construction has been started within six months of the date of issuance, and also such construction shall be completed within 18 months of the date of the starting of construction. When the starting of construction or the time of completion of construction exceeds the above, application may be made for a new permit, except as provided in § 95-38C.
[Added 4-13-1998 by L.L. No. 1-1998]
§ 95-17 Amendment procedure.
This chapter may be amended by changing the boundaries of districts or by changing any other provisions thereof, whenever the public necessity and convenience and general welfare require such amendment, by following the procedures of this section and those of Article 16 of the New York State Town Law, particularly §§ 265 and 273.
B.
Application for amendment:
(1)
A property owner(s) or his(their) agent(s) may initiate a request for an amendment to this chapter by filing an application with the Town Clerk, using forms prescribed pursuant to § 95-18. If a change in zoning classification of a property is considered, such application shall be accompanied by a legal description of the property or properties affected, a map showing the property or properties affected and all properties within a radius of 500 feet of the exterior boundaries thereof and a filing fee as required pursuant to § 95-18, no part of which is refundable.
(2)
Whenever a petition requesting a change of district boundary and designation is presented to the Town Board, there shall also be presented a plan of the proposed development and use of the area affected by such proposed change. The Town Board may, after public notice and hearing, accept, modify and accept or reject said petition requesting the change, all in accordance with Article 16 of the Town Law and any other applicable law.
§ 95-18 Other procedures.
A.
Form of petitions, applications and appeals. All petitions, applications and appeals provided for in this chapter shall be made on forms prescribed by the Town Board. Forms shall be accompanied by plans and specifications as required by this chapter.
B.
Fees and reimbursable costs. The Town Board shall establish a fee schedule for all applications under this chapter. The fee schedule shall be adopted by resolution and filed in the office of the Town Clerk. All application fees shall be paid prior to any action being taken on the application. Reasonable costs incurred by the Planning Board or its agents in connection with the review of a proposed site plan shall be charged to the applicant, and the Town Board may, by resolution, establish a reasonable deposit sum for such costs, to be paid at time of application. No building permits or final approvals shall be issued until all owed fees are paid.
C.
Notice of public hearings shall be given as provided by the Town Law.
D.
Time extensions. The Planning Board, Town Board or Zoning Board of Appeals may extend the time requirements or limits set forth in this chapter upon mutual agreement between the Board and the applicant. Such time extensions shall be for such purposes as obtaining additional information, resolving major conflicts between the Board and the applicant or to provide time to contact other agencies or persons who may have an interest in the application. The time and date when the hearing is to be resumed shall be a part of the minutes of the hearing. The foregoing shall, however, be subject to any time limitation expressed in § 267-a of the Town Law, with regard to proceedings before the Zoning Board of Appeals, and § 274-a of the Town Law, with regard to certain proceedings before the Planning Board.
E.
Denial without prejudice. Denial without prejudice may be taken on any application the Planning Board, Town Board or Zoning Board of Appeals may have before them. Such action may be taken only if the application is in error or incomplete, such that the information presented is not sufficient to make an adequate decision. Upon such a denial, the applicant shall be informed as to the information or documentation needed so that a decision can be reached by the Board.
§ 95-19 Limitation of new applications.
In a case where a Zoning Map amendment or development permit (including variances) is denied, unless specifically stated to be without prejudice, an application for such amendment or permit shall not be eligible for resubmission for the period of one year from the date of said denial, unless, in the opinion of the Town Board, Planning Board or Zoning Board of Appeals, new evidence is submitted or conditions have changed to an extent that further consideration is warranted.
§ 95-20 Penalties for offenses.
Any person owning, controlling or managing any building, structure or premises where there shall exist anything in violation of any of the provisions of this chapter or any condition imposed by the Planning Board or the Zoning Board of Appeals, and any person who shall assist in the commission of any violation of this chapter or any condition imposed by the Planning Board or the Zoning Board of Appeals shall be guilty of an offense; and for conviction of a first offense, such person shall be punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both; for conviction of a second offense, both of which were committed within a period of five years, such person shall be punishable by a fine of not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, such person shall be punishable by a fine of not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. For the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors; and for such purpose only, all provisions of law relating to misdemeanors shall apply.
§ 95-21 Additional remedies.
In case of any violation of any of the provisions of this chapter or of any conditions imposed by the Planning Board or the Zoning Board of Appeals, in addition to other remedies herein provided, the Town Board may institute any appropriate action or proceeding to prevent any unlawful erection, structural alteration, reconstruction, moving and/or use; to restrain, correct or abate such violation; to prevent the occupancy of such building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.