Sidney Village City Zoning Code
ARTICLE VII
Administration and Enforcement
§ 215-21 Designation of enforcement officer; powers and duties.
The duty of administering and enforcing the provisions of this chapter shall be the responsibility of the Building Inspector in accordance with Chapter 81 of this Municipal Code.
Administration of Zoning Law. As provided in Chapter 81, the Building Inspector shall receive all applications and issue building permits, provided that the minimum requirements of this chapter are met, together with the minimum requirements of the New York Fire Prevention and Building Code, other applicable provisions of this Municipal Code and laws, rules and regulations governing building construction. The Building Inspector does not have discretionary powers. If the application meets all minimum requirements, he or she must grant a permit, but if it does not, he or she must deny the permit.
Referral to Board of Appeals. An applicant may appeal the denial of a building permit by the Building Inspector to the Board of Appeals either on the grounds that the Building Inspector made an erroneous order, requirement, decision or determination or that a variance should be granted. The Building Inspector shall notify the Secretary of the Board of Appeals of the appeal and transmit all necessary supporting information.
Referral to Planning Board. Any application for a special permit, site plan review or zoning change shall be referred by the Building Inspector to the Village Planning Board as provided in the following sections, together with all supporting information.
Stop orders. When any work is being prosecuted in violation of any provisions of this chapter, the Building Inspector shall issue a stop order in accordance with the provisions of § 81-14 of this Municipal Code.
§ 215-22 Building permit required.
No building or structure shall be erected, added to or structurally altered until a permit therefor has been issued by the Building Inspector. Except upon order of the Board of Appeals, no such permit shall be issued for any construction or alteration or use thereof where it would be in violation of any of the provisions of this chapter or any other provisions of the Village of Sidney Municipal Code or law of the State of New York.
§ 215-23 Building permit applications.
There shall be submitted with all applications for building permits a copy of a layout or plot plan, in ink or blueprint, drawn to scale, showing the actual dimensions of the lot to be built upon, the exact size and location of the building on the lot and any accessory buildings to be erected, and such other information as may be necessary to determine and provide for the enforcement of this chapter, and in accordance with § 81-9 of Chapter 81 of this Municipal Code.
§ 215-24 Certificates of occupancy.
No land or structure shall be used or occupied except as in the manner existing at the date of enactment of this chapter, unless a certificate of occupancy shall have been obtained from the Building Inspector showing that the premises complies with all applicable provisions of the Village of Sidney Municipal Code. Such certificate shall be issued within 30 days after notice to the Building Inspector that the structure has been completed, if the requirements of the Village of Sidney Municipal Code have been fulfilled. Such certificate shall be displayed in a public place in a conspicuous manner.
§ 215-25 Special permits.
Purpose. It is the intent of this chapter to use special permits to control the impact of certain uses upon areas where they will be incompatible unless conditioned in a manner suitable to a particular location. Special permits bring needed flexibility and individuality to the otherwise rigid controls of zoning regulations.
Procedure.
The Building Inspector shall refer the completed special permit application to the Planning Board within 10 days after receiving a completed application.
At its next regular or special meeting, the Planning Board shall designate a public hearing date within 60 days from the date application is made.
The Planning Board shall send a notice of the public hearing to the applicant and publish a notice of the public hearing in the official newspaper.
The notice of the public hearing shall be published at least five calendar days prior to the date of the public hearing, giving sufficient information so as to identify the property involved and the nature of the proposed action.
The Planning Board shall make a factual record of all its proceedings involving the granting of a special permit. The decision of the Planning Board shall contain the reasons for its decision.
The Planning Board shall render its decision, either approving, approving with conditions or denying, within 60 days after the hearing, unless an extension is mutually agreed upon.
Each application for a special permit shall be accompanied by a proposed plan showing the information required for site plan approval in § 215-26.
Each special permit application must also receive site plan approval before the special permit may be granted.
Findings.
The Planning Board may grant a special permit for special permit uses enumerated in this chapter, provided that all requirements and conditions set forth in this chapter are complied with.
The Planning Board shall make written findings for each special permit decision. Findings shall state the reasoning behind, the basis for and the evidence relied upon to reach the decision. Compliance with all requirements of this chapter shall be substantiated.
§ 215-26 Site plan review.
Purpose. The intent of this section is to set forth additional general standards applying to certain land uses and activities. The nature of these uses and activities require special consideration of their impact upon surrounding properties, the environment, community character and the ability of the Village to accommodate development consistent with the objectives of this chapter.
Applications. All applications for building permits, zoning variances or special permits, except for one- and two-family dwellings and their permitted accessory uses or any addition to a single-family dwelling or general farming use, shall be accompanied by a site plan approval. No building permit shall be issued until all the requirements of this section and all other applicable provisions of this chapter have been met.
Procedure.
Each application for a building permit, variance or special permit for any structure, building or use, except for one- or two-family dwellings and their permitted accessory uses, any addition to a single-family dwelling or general farming use, shall be referred to the Village Planning Board. The application shall be made to the Planning Board by filing it with the Village Clerk. The Building Inspector shall present it to the Planning Board at its next regularly scheduled meeting. The applicant may wish to attend the Planning Board meeting to answer questions concerning the application.
Within 60 days of receipt of the application, the Planning Board shall render a decision to approve with conditions or deny and forward the decision to the Building Inspector. An extension of the sixty-day period may be granted upon consent of both the applicant and the Planning Board. If the Planning Board fails to act within the sixty-day period or extension that has been granted, the site plan shall be considered approved.
A full written record of the Planning Board minutes and decisions, together with all documents pertaining to the case, shall be filed in the office of the Village Clerk and shall be mailed to the applicant.
Preapplication conference. A preapplication conference may be held between the Planning Board and the applicant to review the basic site design concept and generally determine the information to be required on the site plan.
Application for site plan approval. An application for site plan approval shall be made, in writing, to the Building Inspector and shall be accompanied by information drawn from the following checklist. The Planning Board may require additional information, if necessary, to complete its review.
Plan checklist for all site plans:
Title of the drawing, including the name and address of the applicant and the person responsible for preparation of such drawing.
North arrow, scale and date.
Boundaries of the property plotted to scale.
Existing watercourses and bodies of water.
Location of any slopes of 5% or greater.
Proposed grading and drainage.
Location, proposed use and height of all buildings and site improvements, including culverts, drains, retaining walls and fences.
Location, design and construction materials of all parking and truck loading areas, showing points of entry and exit from the site.
Location of outdoor storage, if any.
Description of the method of sewage disposal, and location of the facilities.
Identification of water source; if a well, locate.
Location, size and design and construction materials of all proposed signs.
Location and proposed development of all buffer areas, including existing vegetative cover.
Location and design of outdoor lighting facilities.
General landscaping plan.
As necessary, the Planning Board may require the following:
Planning Board review of site plan. The Planning Board's review of the site plan shall include, as appropriate, the following:
General considerations.
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.
Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.
Location, arrangement, appearance and sufficiency of off-street parking and loading.
Location, arrangement, size and design and general site compatibility of buildings, lighting and signs.
Adequacy of stormwater and drainage facilities.
Adequacy of water supply and sewage disposal facilities.
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise buffer between the applicant's and adjoining lands, including the maximum feasible retention of existing vegetation.
In the case of an apartment complex or other multiple dwelling, the adequacy of usable open space for play areas and informal recreation.
Protection of adjacent or neighboring properties against noise, glare, unsightliness or nuisances.
Protection of solar access on adjacent or neighboring properties.
Adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
Special attention to the adequacy of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
Consultant review.
The Planning Board may consult with the Building Inspector, Village Engineer, Superintendent of Public Works, County Planning Department and other local and county officials, in addition to representatives of federal and state agencies, including but not limited to the Soil Conservation Service, the State Department of Transportation and the State Department of Environmental Conservation.
The Planning Board may hire a consultant, if needed, to review plans with the approval of the Village Board of Trustees.
Public hearing. The Planning Board may conduct a public hearing on the site plan. If a public hearing is considered desirable by a majority of the members of the Planning Board, such public hearing shall be conducted within 60 days of the receipt of the application and shall be advertised in the official newspaper of the Village at least five days before the public hearing. Decision shall be rendered within 60 days of the public hearing.
§ 215-27 Board of Appeals established; procedures.
There is hereby established a Board of Appeals, to consist of five members, which shall function in the manner prescribed by law. The members of the Board of Appeals shall be residents of the Village of Sidney and shall be appointed to serve for terms as prescribed by law. The Board of Trustees shall designate the Chairman. Vacancies occurring on the Board by expiration of term or otherwise shall be filled in the manner as provided by law. The Board of Appeals shall adopt such rules and regulations as it may deem necessary to carry into effect the provisions of this chapter, and all its resolutions and orders shall be in accordance therewith.
Appeals for variances. All requests for variances shall be made to the Board of Appeals after denial of a building permit by the Building Inspector.
Variance policy. The granting of variances shall be principally for those seeking area variances. Use variances allow activities prohibited in a specific zoning district; thus, such requests shall be carefully reviewed.
Procedures for granting a variance.
All applications for variances shall be in writing on forms established by the Board of Appeals. They are available from the Building Inspector.
Every application shall refer to the specific provision of this chapter involved and establish the details of why the variance should be granted.
Upon receipt of the completed application, the Board of Appeals shall:
Schedule a public hearing.
Refer the application to the County Planning Board, if required by General Municipal Law §§ 239-l and 239-m.
Determine whether a draft environmental impact statement should be required.
Within 30 days of the public hearing, the Board of Appeals shall render a decision. If the matter was referred to the County Planning Board, a copy of the Board of Appeals' findings and decision shall be sent to the County Planning Board.
Notice of public hearing. The Board of Appeals shall fix a reasonable time for the hearing of appeals, not to exceed 30 days from the date of receipt of referral.
Meetings. All meetings of the Board of Appeals shall be held at the call of the Chairman and at such other times as such Board may determine. Meetings of the Board shall be open to the public. Such Board shall keep minutes of its proceedings showing the vote of each member upon every question, or, if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions.
Records. All decisions of the Board shall be by resolution, and a copy of each decision shall be sent to the applicant, to the Village Clerk and to the Building Inspector. Every rule, regulation, amendment or repeal thereof and every order, requirement, decision or determination of the Board shall immediately be filed in the office of the Board and shall be a public record. Each decision shall set forth fully the reasons for the decision of the Board and the findings of fact on which the decision was based. Such findings and reasons shall include references to the standards pertaining thereto where the appeal concerns a variance.
Appeals. Appeals to the Board of Appeals may be taken by any person aggrieved or by an officer, department, board or bureau of the Village.
Stay. An appeal stays all proceedings in furtherance of the action appealed from, unless the Building Inspector, from whom the appeal is taken, certifies to the Board of Appeals, after the notice of appeal shall have been filed with him or her, that, by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property.
Hearing and determination.
The Board of Appeals shall, within 30 days, set the hearing of the appeal and give due notice thereof to the parties, and by publication at least once in the official newspaper 10 days before the date of the hearing, and shall decide the same within 30 days of the hearing. Upon the hearing, any party may appear in person or by agent or by attorney.
§ 215-28 Powers and duties of Board of Appeals.
The Board of Appeals shall have the following powers and duties prescribed by law and by this chapter:
Interpretation. On appeal from a determination of the Building Inspector, to hear and decide on questions where it is alleged there is an error in any order, requirement, decision or determination made by the Building Inspector involving the interpretation of any provision of this chapter.
Appeals for variances. On appeal from a determination of the Building Inspector and in conformity with law, to vary the requirements as they apply to a particular lot where the property owner can show that his or her property was acquired in good faith and where the strict application of this chapter would result in practical difficulty, in the case of an area variance, or unnecessary hardship, in the case of a use variance. No application for a variance shall be acted on until the required public hearing has been held.
Granting area or dimensional variances.
Area variances may be granted where setback, frontage, lot size, density or yard requirements of this chapter cannot be reasonably met. The Board of Appeals, in its findings, must find that practical difficulty was present.
In determining practical difficulty, the Board of Appeals shall respond in its findings to each of the following questions:
How substantial the variance is in relation to the zoning requirement.
Whether a substantial change will be produced in the character of the neighborhood, or whether a substantial detriment to adjoining properties will be created.
Whether the difficulty can be eliminated by some method which is feasible for the applicant to pursue other than a variance. In the case of side yard variances in particular, it is frequently feasible, proper and possible for the applicant to alter the plot plan to locate a proposed structure or addition in a new location which does not require any variance.
Whether, in view of the manner in which the difficulty arose and in consideration of the above factors, the interests of justice will be served by allowing the variance.
The following shall not be considered in determining practical difficulty:
The owner is merely inconvenienced.
The owner is prevented from building a second or subsequent structure.
The owner is prevented from building a structure as large as he or she would like, provided that he or she can build one of reasonable size.
A larger building will merely improve the efficiency of a business or yield more profit.
Granting use variances.
A use variance may be granted by the Board of Appeals only after the findings of the Board of Appeals establish that unnecessary hardship exists.
In determining whether unnecessary hardship exists, the Board of Appeals findings must establish each of the following criteria:
The land in question cannot yield a reasonable return if used only for a purpose allowed in that district. A promise of greater yield by allowing a prohibited use is not to be considered.
The use to be authorized by the variance will not alter the essential character of the neighborhood and is compatible with the area.
The use to be authorized by the variance will not be contradictory or detrimental to the spirit or intent of the district or this chapter.
§ 215-29 Amendments.
The boundaries, regulations and restrictions may from time to time be amended, supplemented, changed, modified or repealed by the Board of Trustees on its own motion or upon petition. In case, however, of a protest against such change signed by the owners of 20% or more of the area of the land included in such proposed change or by owners of 20% or more of the land immediately adjacent extending 100 feet therefrom or by the owners of 20% or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such amendment shall not become effective except by the favorable vote of 3/4 of the members of the Board of Trustees.