Springville City Zoning Code
ARTICLE XII
Administration and Enforcement
§ 200-87 Interpretation.
In applying and interpreting this chapter, its provisions shall be held to be minimum requirements adopted for the promotion of the public health, safety, morals, comfort, convenience and the general welfare. The following specific regulations shall apply:
A.
A minimum required lot or yard size for one building or structure shall not be used in whole or in part as any part of a required lot or yard for a second structure.
B.
The required lot or yard for an existing building or structure shall not be diminished below the minimum requirements of this chapter.
C.
The parking spaces required for one building or structure shall not be included in the computation of required parking spaces for a second building or structure or use.
§ 200-88 Effect on other provisions, private covenants and agreements.
A.
Nothing contained in this chapter shall be taken to repeal, abrogate, annul or in any way impair or interfere with the New York State Uniform Fire Prevention and Building Code or the provisions of Chapter 73 of this Code or any rules or regulations adopted or issued thereunder or any other provisions of law or regulation existing or as may be adopted in the future when not in conflict with any of the provisions of this chapter. Nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that when this chapter imposes a greater restriction upon the use of buildings, structures, premises, lots of land or upon the height of buildings or structures or requires larger lots, yards, courts or other open spaces than imposed or required by such other provision of law, ordinance or regulation or by such easements, covenants or agreements, the provisions of this chapter shall control.
[Amended 12-18-2006 by L.L. No. 6-2006]
B.
Wherever the provisions of any other law or ordinance or regulations impose a greater restriction than this chapter, the provisions of such other law or ordinance or regulations shall control.
C.
No provision contained in this chapter shall be construed as justifying the encroachment of any building or structure within any street lines now or hereafter laid down on any subdivision plat filed in the office of the County Clerk or within any federal, state, county or municipal street or highway.
§ 200-89 Enforcement; special exceptions.
A.
General.
(1)
It shall be the duty of the Code Enforcement Officer to administer and enforce the provisions of this chapter.
(2)
Should said Code Enforcement Officer be in doubt as to the meaning or intent of any provision of this chapter or as to the location of any district boundary line on the Zoning Map[1] or as to the propriety of issuing a building permit or a certificate of occupancy in a particular case related to the provisions of this chapter, he shall appeal the matter to the Zoning Board of Appeals for interpretation and decision.
[1]
Editor's Note: The Zoning Map is on file in the office of the Village Clerk.
(3)
The Code Enforcement Officer shall adopt rules of procedure consistent with this chapter for the purpose of assuring efficient and uniform administration of its provisions.
(4)
If the Code Enforcement Officer should mistakenly issue a building permit which violates the provisions of this chapter, that building permit shall be invalid.
B.
Special exceptions and variances.
[Added 12-1-1997 by L.L. No. 6-1997]
(1)
The Code Enforcement Officer shall maintain a current list and a map showing existing approved variances and special exceptions to determine whether the conditions and safeguards placed on variances and special exceptions by the board or commission with approval authority are in compliance.
[Amended 12-18-2006 by L.L. No. 6-2006]
(2)
The Code Enforcement Officer, upon written complaint, shall make an on-site visit to each property receiving a variance or approved as a special exception. The purpose of said site visit is to ensure that the use is being operated in accord with the conditions specified by the board which granted the approval. The Code Enforcement Officer may act upon his own volition at any time.
[Amended 12-18-2006 by L.L. No. 6-2006]
(3)
If the Code Enforcement Officer shall determine that a violation of this chapter or the conditions imposed by the Board approving the variance or special exception exists, the Code Enforcement Officer shall provide the owner of the premises on which said violation is known to exist a written order to correct the violation within 10 days of the receipt of the order.
(4)
If the violation cited in the Code Enforcement Officer's written notice is not corrected within the ten-day period, the owner of the premises shall be issued an appearance ticket to attend the next meeting of the Board granting the approval to show cause why the variance issued or special exceptions granted should not be null and void.
(5)
If the owner of the premises cited by the Code Enforcement Officer does not attend the meeting specified in the ticket, the approval granted by such Board shall be immediately declared null and void.
(6)
After hearing the comments of the owner cited with the violation, the Board with approval authority may order the violation to be corrected within a specified time period or choose to reconsider the conditions imposed at the time the approval was granted. If the Board chooses to reconsider the matter, the existing conditions would be allowed to continue until the matter was closed by the appropriate Board. The process of reconsideration would follow the same procedures used by the Board with approval authority in the initial review of the application, including a rehearing and review by the County Planning Board, if applicable.
(7)
If the Board with approval authority chooses to reaffirm its earlier decision, the Board shall provide the owner of the premises with a written order directing the elimination of the violation within 10 days of the receipt of such notice. Unless the owner takes the necessary steps to remedy the violation or to comply with the special condition imposed by the Board, the approving Board shall declare the variance or special exception to be null and void.
§ 200-90 Building permits.
A.
All procedure with respect to applications for and issuance of building permits shall be in confonnity with the provisions of the New York State Uniform Fire Prevention and Building Code and Chapter 73 of this Code. All such applications shall be accompanied by such other information as may be necessary to determine and provide for the enforcement of this chapter.
[Amended 12-18-2006 by L.L. No. 6-2006]
B.
No building permit shall be issued for the erection, construction, reconstruction, structural alteration, restoration, repair or moving of any building or structure or part thereof unless the plans and intended use indicate that such building or structure is designed and intended to conform in all respects to the provisions of this chapter. In addition, no such permit shall be issued unless the proposed building or structure conforms to all pertinent health laws, including the Erie County Sanitary Code.
C.
Where a lot is formed from part of an existing lot, whether already improved or not, the separation must be effected in such a manner that neither of the lots nor any existing or proposed improvements thereon contravene the provisions or intent of this chapter.
D.
After completion of footing and establishing of the forms on the first course of the foundation walls or equivalent structure, the owner shall notify the Code Enforcement Officer. If required by the Code Enforcement Officer, the owner shall cause a survey to be made by a licensed land surveyor, showing the true location of such foundation walls with respect to the lot lines of the lot, and a copy of such survey shall be filed with the Code Enforcement Officer before construction is continued.
§ 200-91 Site plan procedure and standards.
[Amended 12-1-1997 by L.L. No. 6-1997]
A.
The following site plan provisions are intended to secure compliance with the requirements and standards set forth in this chapter and with accepted professional design practice for such site improvements as grading, drainage, means of access, signs, architectural features, screens, sidewalks, curbs, parking, landscaping, fences, driveways, location and dimension of buildings.
B.
Definition of site plan. As used in this chapter the term "site plan" shall mean a rendering, drawing or sketch prepared to specifications and containing necessary elements, as set forth in this section, which shows the arrangement, layout and design of the proposed use of a single parcel of land as shown on said plan. Plats showing lots, blocks or sites which are subject to review pursuant to authority provided for the review of subdivisions under § 7-728 of the Village Law shall continue to be subject to such review and shall not be subject to review as site plans under this section.
C.
Approval of site plans. The Planning Board shall review and approve, approve with modifications or disapprove site plans prepared to specifications set forth in this chapter and in regulations of the Planning Board. Other than a single- or two-family dwelling or its accessory buildings or structures, a building permit or certificate of occupancy shall not be issued by the Code Enforcement Officer unless a site plan showing such building or use has been approved by the Planning Board.
D.
Building permit and certificate of occupancy applications for any building or structure or use, other than a single- or two-family dwelling or its accessory buildings or structures, shall be submitted to the Code Enforcement Officer, together with three copies of a site plan drawn to scale and, in addition to the information and documentation required by the provisions of Chapter 73 of this Code, showing the following things in the detail specified:
[Amended 12-18-2006 by L.L. No. 6-2006]
(1)
Property lines and related street, right-of-way and easement lines with dimensions shown as determined by a licensed land surveyor.
(2)
Locations and dimensions of existing and/or proposed buildings and structures.
(3)
The layout of existing and proposed off-street parking areas showing the details and dimensions of aisles, driveways and each parking space.
(4)
Existing topography of the site and immediately adjacent property as revealed by contours or key elevations as may be required by the Planning Board and any proposed regrading of the site.
(5)
Size, location and materials for all existing and proposed stormwater drainage facilities, roads, sidewalks, curbs and curb cuts and similar structures.
(6)
Existing and proposed street trees, landscaping and fences.
(7)
Size, location and height of all existing and proposed outdoor lighting and sign locations.
(8)
The location and size of all gas, electric, water, sewage, communication and other utility lines planned to service the site.
E.
Requirements for improvements shown on the site plan shall be those set forth in this chapter and in rules and regulations adopted by the Planning Board or in construction specifications adopted by resolution of the Village Board of Trustees.
F.
Within two business days of its receipt, the Code Enforcement Officer shall forward one copy of the site plan to the Planning Board for its approval and one copy to the Superintendent of Public Works for his or her review and recommendations. Any recommendations of the Superintendent of Public Works shall be transmitted, in writing, to the Planning Board and the Code Enforcement Officer within two weeks of the Superintendent's receipt of the site plan. If the Superintendent of Public Works has no recommendation with regard to the site plan submitted, he or she shall report that fact, in writing, within the same time period to the Planning Board and the Code Enforcement Officer.
G.
Application for area variance. Notwithstanding any provisions of law to the contrary, where a proposed site plan contains one or more features which do not comply with the zoning regulations, applications may be made to the Zoning Board of Appeals for an area variance pursuant to § 7-712-b of the Village Law, without the necessity of a decision or determination of the Code Enforcement Officer or other administrative official charged with the enforcement of the zoning regulations.
H.
Conditions attached to the approval of site plans. The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to a proposed site plan. Upon its approval of said site plan, any such conditions must be met in connection with the issuance of permits by the Code Enforcement Officer or other applicable enforcement agents or officers of the Village.
I.
Waiver of conditions. The Planning Board is authorized, when reasonable, to waive any requirements for the approval, approval with modifications or disapproval of site plans submitted for approval. Any such waiver may be exercised in the event that any such requirements are found not to be requisite in the interest of the public health, safety or general welfare or inappropriate to a particular site plan. Any such waiver shall only be exercised by the Planning Board after an affirmative vote of at least 4/5 of the full membership of said Board and a statement by the Board as to the reason the waived requirement is not appropriate or not required in the public interest.
J.
Reservations of parkland on site plans containing residential units.
(1)
Before the Planning Board may approve a site plan containing residential units, such site plan shall also show, when required by the Planning Board, a park or parks suitably located for playground or other recreational purposes.
(2)
Land for park, playground or other recreational purposes may not be required until the Planning Board has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Village. Such findings shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Village based on projected population growth to which the particular site plan will contribute.
(3)
In the event that the Planning Board makes a finding pursuant to Subsection J(2) of this section that the proposed site plan presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes but that a suitable park or parks of adequate size to meet the requirements cannot be properly located on such site plan, the Planning Board may require a sum of money in lieu thereof to be established by the Village Board of Trustees. In making such determination of suitability, the Planning Board shall assess the size and suitability of lands shown on the site plan which could be possible locations for park or recreational facilities, as well as practical factors including whether there is a need for additional facilities in the immediate neighborhood. Any moneys required by the Planning Board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited into a trust fund to be used by the Village exclusively for park, playground or other recreational purposes, including the acquisition of property.
(4)
Notwithstanding the foregoing provisions of this subdivision, if the land included in a site plan under review is a portion of a subdivision plat which has been reviewed and approved, the Planning Board shall credit the applicant for any land set aside or money donated in lieu thereof under such subdivision plat approval. In the event of resubdivision of such plat, nothing shall preclude the additional reservation of parkland or money donated in lieu thereof.
K.
Notice to county planning agency. At least 10 days before any required public hearing, the Planning Board shall mail notices thereof to the county planning agency, as required by § 239-m of the General Municipal Law, which notice shall be accompanied by a full statement of the matter under consideration, as defined in Subdivision 1 of § 239-m of the General Municipal Law. In the event that a public hearing is not required, the matter shall be referred to the county planning agency before final action is taken thereon, if required by § 239-m of the General Municipal Law.
L.
Compliance with State Environmental Quality Review Act. The Planning Board shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations as codified in 6 NYCRR 617.
M.
Decision on site plans. The Planning Board shall make a decision on the application for site plan approval within 62 days after the day the application is received. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and such Board. A site plan shall not be considered received by the Planning Board until it has received the established site plan review fee,[1] together with an application and three copies of a plan that conforms to the requirements of this section and any reasonable rules of procedure adopted by the Planning Board. The decision of the Planning Board shall immediately be filed in the office of the Village Clerk and a copy thereof mailed to the applicant. Nothing herein shall preclude the holding of a public hearing by the Planning Board on any site plan approval application.
[1]
Editor's Note: The schedule of fees is on file in the Village offices.
N.
Building permits and certificates of occupancy for special exception uses or variances shall be in accordance with the conditions established by the Planning Board or Zoning Board of Appeals, respectively.
O.
When an applicant for a building permit or a certificate of occupancy for a special exception use questions the interpretation of the site plan requirements, he may appeal the decision to the Zoning Board of Appeals.
§ 200-92 Prosecution of work under permit.
[Amended 11-5-1979 by L.L. No. 11-1979; 12-18-2006 by L.L. No. 6-2006]
Unless more strict or additional requirements are provided in this chapter, all work shall be commenced, performed, completed, inspected and approved in accordance with the requirements of Chapter 73 (Building Construction and Fire Prevention) of the Code of the Village of Springville.
§ 200-93 Certificates of occupancy.
A.
It shall be unlawful to use or to permit the use of any building, structure, premises, lot or land or part thereof hereafter erected or altered, enlarged or moved or put into use, in whole or in part, after the effective date of this chapter or of any building or structure, premises, lot or land or part thereof of which the use is changed until a certificate of occupancy has been obtained by the owner as provided for under the building code.[1]
B.
Requirements for issuance; frequency of inspections.
[Amended 11-5-1979 by L.L. No. 11-1979; 12-1-1997 by L.L. No. 6-1997; 11-1-2004 by L.L. No. 7-2004; 12-18-2006 by L.L. No. 6-2006]
(1)
No certificate of occupancy shall be issued for any building, structure, premises, lot or land unless the erection, construction, structural alteration, restoration, repair or moving of such building or structure or part thereof and the intended use thereof are in conformity in all respects with the provisions of this chapter. Where the approval of the Erie County Department of Health is required, no certificate of occupancy shall be issued until such approval has been granted, in writing. The Code Enforcement Officer shall receive a written order from the Fire Inspector before issuing a certificate of occupancy in a case involving an inspection required by the New York State Uniform Fire Prevention and Building Code.
(2)
Firesafety and property maintenance inspections shall be performed for specific uses as required by Chapter 73 of this Code; certificates of occupancy for such uses shall be valid for periods having durations equal to their respective inspection schedules after which time a new fire inspection and certificate of occupancy shall be required.
(3)
In the event that the New York State Uniform Fire Prevention and Building Code should require periodic inspections of other classes of uses or should require more frequent inspections than those required by this section, then those other and more frequent inspection schedules and corresponding durations of their certificates of occupancy shall apply as a requirement of this article.
C.
The Code Enforcement Officer shall obtain a written order from the Planning Board before issuing a certificate of occupancy in a case involving a special exception use pursuant to Article X and shall obtain a written order from the Zoning Board of Appeals before issuing a certificate of occupancy involving a variance from the provisions of this chapter pursuant to Article XI.
§ 200-94 Fees.
[Amended 4-7-1980 by L.L. No. 1-1980; 12-1-1997 by L.L. No. 6-1997]
Fees for building permit applications and for issuance of building permits and certificates of occupancy shall be as set forth from time to time by resolution of the Board of Trustees.[1]
[1]
Editor's Note: A fee schedule is on file in the Village offices.