Scotia City Zoning Code
ARTICLE XVI
Administration and Enforcement
§ 250-75 Building Inspector.
The Building Inspector of the Village of Scotia shall be the chief administrative officer for the enforcement of the provisions of this chapter.
§ 250-76 Duties of Building Inspector.
The duties of the Building Inspector shall be:
A.
To issue building permits and occupancy certificates where compliance is made with the provisions of this chapter and of the village building codes.
B.
To refuse to issue such permits in the event of noncompliance, giving prompt written notice of such refusal to the applicant together with the reasons therefor.
C.
To enforce the provisions of this chapter, but he shall have no power to vary the regulations thereof.
D.
To keep the Board of Appeals advised on all matters pertaining to enforcement.
E.
To investigate all complaints filed with him in writing. If he finds a violation to exist he shall notify offending parties within 10 days after finding and initiate legal action against such offenders within 60 days after notice, if such violation persists.
F.
To keep such records as are necessary and appropriate to the office and file the same in the office of the Village Clerk-Treasurer, including a record of all permits and occupancy certificates issued or denied. A copy of all building permits issued shall be filed, each month, with the office of the Town Assessor.[1]
G.
To submit a report at the close of each month to the Village Board, enumerating all applications for permits and all complaints received and the disposition of each.
§ 250-77 Building permits.
No building or structure shall be erected, moved or structurally altered until a permit therefor has been obtained.
A.
Application for permit. There shall be submitted with all applications for building permits three copies of a layout or plot 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 or details of the proposed alterations, together with such other information as the Building Inspector may require for the enforcement of this chapter. Concurrent with each such application, an occupancy certificate shall also be applied for.
B.
Permit issued. When approved and upon payment of all permit fees, one copy of plans shall be returned to the applicant or owner, together with a building permit.
C.
Expiration. A permit shall automatically expire if no construction shall have been started within six months from the date of its issue.
[Amended 10-13-1993 by L.L. No. 4-1993]
§ 250-78 Occupancy certificates.
No land shall be occupied or used and no building hereafter erected, moved or altered shall be occupied, used or changed in use until an occupancy certificate shall have been issued by the Building Inspector stating that the building and the use thereof comply with all village ordinances.
A.
Application. An occupancy certificate shall be applied for coincident with the application for a building permit.
B.
Issuance. Said certificate shall be issued within 10 days after final inspection shall have shown that the construction is approved as complying with the provisions of this chapter and of the building and plumbing codes of the village.
C.
Record of certificates. The Building Inspector shall maintain a record of all certificates, and copies shall be furnished upon request to any person having a proprietary or tenancy interest therein.
D.
Temporary certificate. A temporary occupancy for not more than 60 days for a part of a building or premises may be permitted by the Building Inspector prior to completion and final inspection.
E.
Order of Appeals Board. No building permit or occupancy certificate shall be issued for any building where construction, addition or alteration or use thereof would be contrary to any provision of this chapter, except upon written order of the Board of Appeals.
§ 250-79 Fees.
§ 250-80 Board of Appeals.
[Amended 8-13-1975 by L.L. No. 2-1975; 7-12-2000 by L.L. No. 7-2000; 11-18-2009 by L.L. No. 12-2009; 9-24-2013 by L.L. No. 7-2013[1]]
There shall be a Board of Appeals consisting of five members. A Chairman shall be appointed from its membership. The Board of Appeals shall have all the powers and duties prescribed by Village Law in addition to those enumerated herein. There shall be appointed two alternate members to the Board of Appeals, who shall be appointed in the same manner as regularly appointed members. Alternate members shall have a two-year term of office; one shall expire in an even-numbered year, and the other shall expire in an odd-numbered year. It shall be the responsibility of an alternate member to serve in the place and instead of a regularly appointed member who is unable to serve due to absence, disqualification, resignation or conflict of interest. Such service shall be temporary in nature and be limited to a specific meeting or a specific case. Insofar as practicable, the service of such alternate members shall rotate among them. When sitting as a regular member, the alternate members shall have the same qualifications, authority and power as a regularly appointed member of the Board of Appeals.[2]
A.
Interpretation. Upon request of the Building Inspector or upon appeal from a decision of any administrative official, the Board shall decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary if an uncertainty arises with respect thereto.
B.
Variances. The Board of Appeals shall have the power to vary or adapt the strict application of any of the requirements of this chapter in the case of exceptionally irregular, narrow, shallow or steep lots or other exceptional physical conditions, whereby such 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. No variance shall be granted by the Board of Appeals unless it finds:
(1)
That there are special circumstances or conditions, fully described in the findings of the Board, applying to such land or buildings and not applying generally to land or buildings in the neighborhood and that said circumstances or conditions are such that strict application of this chapter would deprive the applicant of the reasonable use of such land or buildings.
(2)
That for reasons fully set forth in the findings of the Board, the granting of the variance is necessary for the reasonable use of the land or buildings and that the variance as granted by the Board is the minimum variance that will accomplish this purpose.
(3)
That the granting of the variance will be in harmony with the general purpose and intent of this chapter and the Comprehensive Plan of the village and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
C.
Procedure. The Board of Appeals shall act in strict accordance with the procedure specified by law and by this chapter. All appeals and applications made to the Board shall be in writing on forms prescribed by the Board.
(1)
Every such appeal or application shall refer to the specific provision of the ordinance involved and shall exactly set forth the interpretation that is claimed or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be.
(2)
At least 10 days before the date of the hearing required by law on an application or appeal, the Secretary of said Board shall transmit to the Planning Board a copy of said application or appeal, together with a copy of the notice of the aforesaid hearing, and shall request that the Planning Board submit to the Board of Appeals its opinion on said application or appeal. The Planning Board shall submit a report of such advisory opinion prior to the date of said hearing. Upon failure to submit such report, the Planning Board shall be deemed to have approved the application or appeal.
(3)
Every decision of the Board of Appeals shall be by resolution, each of which shall contain a full record of the findings of said Board in the particular case.
D.
Board of Appeals members and the alternate members shall complete four hours of training each year as further provided by the Board of Trustees. The Mayor may, after notice and hearing, remove any member of such Board who shall fail to fulfill the training requirements.
§ 250-81 Board of Trustees.
[Amended 8-13-1975 by L.L. No. 2-1975]
A.
The Board of Trustees shall exercise the following powers and perform such duties as may be prescribed by the Village Law in connection with special use permits:
(1)
To issue special permits for any of the uses for which this chapter requires the obtaining of special permission.
B.
Procedure. The Board of Trustees shall act in strict accordance with the procedure specified by law and by this chapter. All applications for special permits made to the Board shall be in writing on forms prescribed by the Board.
(1)
Every such application shall refer to the specific provision of the ordinance involved and shall exactly set forth the interpretation that is claimed and the use for which the special permit is applied.
(2)
At least 10 days before the date of the hearing required by law on an application, the Secretary of said Board shall transmit to the Planning Board a copy of such application, together with a copy of the notice of the aforesaid hearing, and shall request that the Planning Board submit to the Board of Trustees its opinion on said application. The Planning Board shall submit a report of such advisory opinion prior to the date of said hearing. Upon failure to submit such report, the Planning Board shall be deemed to have approved the application.
(3)
Every decision of the Board of Trustees shall be by resolution, each of which shall contain a full record of the findings of said Board in the particular case.
§ 250-82 Penalties for offenses.
A.
Penalty. Any person, firm or corporation violating any provision of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $250 or imprisonment for a term not exceeding 15 days, or both.[1]
B.
Continued violations. Each and every day that a violation of this chapter is committed or permitted to exist shall constitute a separate offense.