Tarrytown City Zoning Code
ARTICLE XIV
Administration and Enforcement
§ 305-109 Code Enforcement Officer to enforce provisions.
A.
This chapter shall be enforced by the Code Enforcement Officer or his duly authorized representative. No permit, certificate of occupancy or other authorization for any construction, reconstruction, alteration, enlargement or moving of a building from one site to another, including compatible use permits and variances, shall be issued except in compliance with the provisions of this chapter and in accordance with the New York State Uniform Fire Prevention and Building Code.
B.
The Code Enforcement Officer shall maintain files of all applications for building permits and plans submitted therewith and for certificates of occupancy and records of all such permits and certificates issued by him, and orders of the Board of Appeals shall be complied with whether or not specifically noted in the building permit. All source documents relating thereto shall be public records open to public inspection.
C.
In the performance of his duties, the Code Enforcement Officer and his authorized representatives shall make all inspections and establish such procedures, with the assistance of the Planning Board, which the Board of Trustees deems necessary and proper for the performance of his duties and which are deemed necessary and appropriate to preclude illegal and improper occupancy for dwelling and/or commercial purposes as regulated by this chapter. The Code Enforcement Officer may consult the Village Board of Trustees, the Planning Board, the Board of Appeals or any other public or private agency or individual as he deems appropriate for advice, information or recommendations pertaining to the performance of his duties, so as to ensure that conditions of approval which may be established by the reviewing agency are met.
§ 305-110 Building permits.
B.
Permits. Each permit shall show the use for which it is granted, and any conditions and/or authorized waivers which may be imposed by the Planning Board, the Zoning Board of Appeals or the Board of Trustees as required in relation thereto shall be recorded on the face of such permit.
C.
Application and permit invalidity. An application for permit shall become null and void and the applicant may resubmit such application for approval and the ultimate issuance of a building permit as follows:
(1)
Said approval shall lapse two years after the date of the final site plan approval if a final building permit has not been requested and received by the applicant. In such cases, the applicant may reapply for site plan approval to the Planning Board. (Also see § 305-124.)
(2)
Temporary structures. All structures classified as temporary structures by the Code Enforcement Officer shall have their building permits and certificates of occupancy and fire permits automatically revoked after a period of one year from the date of issuance. Applicants may reapply for an additional one-year extension of the temporary structure permit or certificate of occupancy within the period of 90 days from its lapse.
D.
Compliance with the New York State Uniform Fire Prevention and Building Code. Each permit for construction, reconstruction or rehabilitation or conversion shall be issued only for a use permitted in accordance with this chapter as adopted and amended from time to time by the Village of Tarrytown and also in accordance with the New York State Uniform Fire Prevention and Building Code.
§ 305-111 Notice of public hearing.
A.
All applicants, at least 10 days prior to the public hearing, shall send written notice by certified mail to all owners within 100 feet of the property and to any other such persons as the applicable Board may deem necessary, all at the expense of the applicant. Property owners entitled to notice shall be those listed as owners on the record in the Village of Tarrytown Tax Assessor's office as of the date of mailing. The written notice shall contain information equal to the notice published in the newspaper, and proof of mailing receipts must be furnished prior to the public hearing.
[Amended 3-7-2016 by L.L. No. 2-2016]
B.
Any person making an application is further required to erect a sign facing each public street on which the property abuts, giving notice that such application has been made and that a public hearing will be held. Such signs shall be obtained from the Building Inspector. Signs are to be displayed for a period of not less than 10 days immediately preceding the hearing date or any adjourned hearing date. The sign shall not be set back more than 10 feet from any property or street line and shall not be less than two feet or more than six feet above the grade at the property line. Said sign shall be affixed to a suitable frame which will assure visibility from the street at all times.
C.
At the commencement of the public hearing, the applicant is required to file an affidavit which states that the aforementioned public notice requirements have been complied with.
(1)
The affidavit shall provide the name of the applicant and the location of the property and must state the following:
(a)
That he/she has read and is fully familiar with the requirements of § 305-111 of the Tarrytown Zoning Code and that in accordance therewith he/she has caused written notice to be sent by certified mail, return receipt requested, to all interested parties as directed in the Code and has caused a sign which complies with requirements of the applicable section of the aforesaid Zoning Code to be prominently displayed on the subject property in the required manner, giving notice to the public of the pending application, the date, time and place of the public hearing.
(b)
That the sign has been continually displayed on the property for a period of 10 days immediately preceding the public hearing date.
(c)
That he/she makes this affidavit knowing that it shall be relied upon by the appropriate officials as proof of compliance with the requirements of the Zoning Code of the Village of Tarrytown.
(2)
The applicable Board shall not proceed with the applicant's hearing unless the aforementioned affidavit has been filed.
§ 305-112 Referrals.
Certain matters herein may require a referral by the Village Board, the Planning Board, the Board of Appeals or other reviewing agency to others for advice or other purposes. Said referrals may be a requirement by law or may be deemed a prudent or necessary review step by the reviewing agency. In all matters of referral, the reviewing agency shall ensure the initiation of such referral and the receipt or return of such referral to the reviewing agency so that the review procedure may continue.
§ 305-113 Certificates of occupancy.
B.
Certificates of variances, site plan approvals and compatible use permits. Where a variance has been granted, no certificates of occupancy for site plan approval or for a purpose for which a compatible use permit is required shall be issued except in accordance with such variance. Such site plan approval or such compatible use permit shall set forth in detail the conditions attached thereto as determined by the board responsible for issuance.
§ 305-114 Construal of provisions.
A.
Headings and subheadings in this chapter are for identification only and are not to be construed in interpreting the text thereof.
B.
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, convenience, comfort and general welfare and more particularly for the purposes set forth in Article I. When this chapter imposes a greater restriction on the use of buildings or land or on the heights of buildings or requires large open spaces or makes any other greater requirements than are imposed or required by any other local law, rule or regulation, the provisions of this chapter shall control. Where the requirements of this chapter differ from the requirements of another local law, the more restrictive shall govern.
§ 305-115 Penalties for offenses.
Any person or corporation, whether as owner, lessee, architect, contractor, builder or the agent or employee of any of them, who or which violates or is accessory to the violation of any provision of this chapter or any rule or regulation made under the authority conferred by this chapter or who or which shall erect, construct, alter, enlarge, convert or move any building or structure or any part thereof without a building permit or in violation of any statement or plans submitted and approved under the provisions of this chapter or who or which shall use any building, structure or land in violation of this chapter or any rule or regulation made under the authority conferred by this chapter or in violation of the provisions of any building permit or certificate of occupancy or compliance or without a building permit or certificate of occupancy or compliance where one is required by this chapter and who or which fails to abate said violation within five days after written notice has been served upon him either by registered mail or personal service shall, for each and every violation and for each and every week such violation continues beyond such five-day grace period, be liable to a penalty in an amount as established by the Board of Trustees in Chapter 1, General Provisions, Article II, to be recovered with costs. Each week's continued violation shall constitute a separate additional offense. Nothing in this chapter shall be construed as depriving the Village or the Village Board or any official thereof of the right to apply for an injunction to prevent any violation of this chapter or of the right to employ any other available remedy.
§ 305-116 Proceedings to prevent unlawful acts.
In case any building or structure is erected, constructed, reconditioned, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter, the Village, Village Board or the Code Enforcement Officer or any other official of the Village, through the Village Attorney, in addition to other remedies, may institute any appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct or abate such violation; to prevent the occupancy of said building, structure or land; or to prevent any illegal act, conduct, business or use in or about such building, structure or land.
§ 305-117 Planning Board.
A.
The following shall apply to the Planning Board:
(1)
Establishment. The members shall each serve a five-year term.
(2)
Powers and duties. The Planning Board is empowered to review and deliberate on site plan and subdivision applications.
(3)
Procedure. See specific provisions herein for site plan and subdivision approval.
(4)
Public notice and hearing. See specific provisions herein for site plan and subdivision approval.
B.
In acting on any site plan or subdivision application, the Planning Board, in addition to all other applicable laws, is hereby granted the powers set forth in Subdivision 1a of § 274-a of the Town Law of New York and shall consider the standards set forth therein in granting site plan approval.
C.
There shall be a Secretary to the Planning Board, Zoning Board of Appeals and/or Architectural Review Boards, pursuant to the provisions of Civil Service, who shall be assigned by the Village administration to provide administrative and clerical support services.
[Added 7-15-2019 by L.L. No. 6-2019]
§ 305-118 Board of Appeals.
[Amended 9-3-2013 by L.L. No. 11-2013; 3-7-2016 by L.L. No. 2-2016; 7-15-2019 by L.L. No. 6-2019]
The Board of Appeals heretofore established pursuant to the Village Law is hereby continued with all powers and duties prescribed by law and by this chapter. There shall be a Secretary to the Planning Board, Zoning Board of Appeals and/or Architectural Review Boards, pursuant to the provisions of Civil Service, who shall be assigned by the Village administration to provide administrative and clerical support services. Such powers and duties of the Board of Appeals are summarized and more particularly specified as follows, provided that none of the following provisions shall be deemed to limit any power of the Board of Appeals conferred by general law:
A.
Interpretation. On appeal from an order, requirement, decision or determination made by an administrative official, the Board of Appeals shall have the authority to decide any question involving the interpretation of any provision of this chapter, including the determination of the exact location of any district boundary if uncertainty with respect thereto remains after exhausting the rules specified in § 305-8.
B.
Variances.
(1)
Area variances.
(a)
The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of an administrative official charged with the enforcement of such local law, to grant area variances from the area or dimensional requirements of such local law.
(b)
In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination, the Board shall also consider:
[1]
Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance;
[2]
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
[3]
Whether the requested area variance is substantial;
[4]
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
[5]
Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Appeals but shall not necessarily preclude the granting of the area variance.
(c)
The Board of Appeals, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
(2)
Use variances.
(a)
The Board of Appeals, on appeal from the decision or determination of the administrative officer charged with the enforcement of such local law, shall have the power to grant use variances, authorizing a use of the land which otherwise would not be allowed or would be prohibited by the terms of the local law.
(b)
No such use variance shall be granted by a Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant shall demonstrate to the Board of Appeals that:
[1]
Under applicable zoning regulations, the applicant is deprived of all reasonable economic use or benefit from the property in question, which deprivation must be established by competent financial evidence.
[2]
The alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood;
[3]
The requested use variance, if granted, will not alter the essential character of the neighborhood; and
[4]
The alleged hardship has not been self-created.
(c)
The Board of Appeals, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the request.
C.
Action. In granting any variance, whether relating to use, height or area provisions of this chapter, the Board of Appeals shall prescribe any appropriate safeguards and conditions applying thereto that it may deem to be necessary or desirable in the public interest, and such determination shall be recorded on the building permit or certificate of occupancy or certificate of compliance, as the case may be, for which the variance is granted and shall expire with such permit as provided in § 305-110B hereof.
D.
Procedure.
(1)
Appeals and applications to be on forms prescribed. All appeals and applications made to the Board of Appeals shall be in writing on forms prescribed by the Board and shall include an application fee and a review fee as may be established by the Board of Trustees.[1] Each shall specify the provisions of the chapter involved and shall set forth exactly the decision of the Building Inspector which is appealed from, the full circumstances or conditions involved therein, the ruling sought from the Board, the details of any variance applied for and the grounds on which it is claimed that the same should be granted. Each shall certify the ownership of the property and the nature of the interest of the applicant, if other than the owner of record. The applicant shall search all records, prepare and publish all notices and file all affidavits required by this chapter. Any application which, on its face, is deficient in form or lacking in full particulars or which does not present a prima-facie showing which would entitle the applicant to relief in accordance with this chapter shall be dismissed without prejudice, and no hearing shall be scheduled thereon.
[1]
Editor's Note: Such fees are on file and available for inspection in the office of the Village Clerk during regular office hours.
(2)
Submission of application. An application shall be submitted to the Secretary to the Board of Appeals at least 18 calendar days prior to the date of the meeting of the Board of Appeals. An application not submitted within the time frame herein established shall not be heard by the Board of Appeals until the minimum time frame requirement has been met. Submissions for subsequent meetings to the Board of Appeals after the submission of the initial application shall be submitted to the Secretary to the Board of Appeals at least 10 days prior to the meeting.
(3)
Application review fees. In the review of any application, the Board of Appeals may refer such application to a planner, engineer, landscape architect, environmental expert or other professional as such Board shall deem reasonably necessary to enable it to review such application as required by law. Fees charged by such professionals shall be in accord with fees usually charged for such services in the Metropolitan New York Region. All such charges shall be paid by the Village. The applicant shall reimburse the Village for the cost of such professional review services, other than legal services performed by the Village Attorney, upon submission of an invoice from the Village. The applicant must pay the invoice within one month of mailing of the invoice by the Village. Failure to make timely payment may result in a stop-work order issued by the Building Inspector. No certificate of occupancy shall be issued for the subject property until all review costs have been paid to the Village. The payment of such fees shall be required in addition to any and all other fees required by this or any other section of this chapter or any other local law.
(4)
Public hearing required.
(a)
All applicants, at least 10 days prior to the public hearing, shall send written notice by certified mail to all owners within 100 feet of the property and to any other such persons as the Board may deem necessary, all at the expense of the applicant. Property owners entitled to notice shall be those listed as owners on the record in the Village of Tarrytown Tax Assessor's office as of the date of mailing. The written notice shall contain information equal to the notice published in the newspaper, and proof of mailing receipts must be furnished prior to the public hearing.
(b)
Any person making an application is further required to erect a sign facing each public street on which the property abuts, giving notice that such application has been made and that a public hearing will be held. Such signs shall be obtained from the Building Inspector. Signs are to be displayed for a period of not less than 10 days immediately preceding the hearing date or any adjourned hearing date. The sign shall not be set back more than 10 feet from any property or street line and shall not be less than two feet or more than six feet above the grade at the property line. Said sign shall be affixed to a suitable frame which will assure visibility from the street at all times.
(c)
At the commencement of the public hearing before the Board of Appeals, the applicant is required to file an affidavit which states that the aforementioned public notice requirements have been complied with. The affidavit shall provide the name of the applicant and the location of the property and must state the following:
[1]
That he/she has read and is fully familiar with the requirements of § 305-118D(4) of the Tarrytown Zoning Code and that in accordance therewith he/she has caused written notice to be sent by certified mail, return receipt requested, to all interested parties as directed in the Code and has caused a sign which complies with requirements of the applicable section of the aforesaid Zoning Code to be prominently displayed on the subject property in the required manner, giving notice to the public of the pending application, the date, time and place of the public hearing and that the sign has been continually displayed on the property for a period of 10 days immediately preceding the public hearing date;
[2]
That he/she makes this affidavit knowing that it shall be relied upon by the appropriate officials as proof of compliance with the requirements of the Zoning Code of the Village of Tarrytown.
(5)
Decisions of Board of Appeals to be by resolution, recorded in the minutes and duly filed. Every decision of the Board of Appeals shall be by resolution, with the vote thereon recorded in the minutes prescribed by the Board, and shall fully set forth the circumstances of the case and the findings upon which the decision is based and the conditions which may be established by the Board.
(6)
Records to be filed with Village Clerk. A certified copy of each such resolution shall be filed in the office of the Village Clerk and adopted by the Board of Appeals, together with all documents pertaining thereto.
(7)
Review of decisions. The Board may, on its own motion at a public hearing, reverse or modify any decision that it has made. The motion to review will be heard on the Zoning Board of Appeals calendar after notice by the Board to the owner of the subject property. The Board may, at its own discretion, reverse or modify any prior decision if it finds the terms or conditions of its prior decision have been violated.
(8)
Time between variance request. The Board of Appeals shall not hear an application for a variance(s) on a property within a six-month period from hearing and denying the same variance(s).
(9)
Expiration of variance approval. All area or use variances granted by the Board of Appeals shall lapse two years after the date of the decision, if a final building permit has not been requested and received by the applicant. In such cases, the applicant may reapply for a variance to the Board of Appeals.