Unless otherwise provided, the provisions of this chapter shall be administered and enforced by the building inspector of the city. The building inspector shall keep a complete file of all applications, permits, orders, certificates, requirements and decisions affecting each and every application filed pursuant to this chapter.

(Code 1989, § 320-52)

The provisions of the building code and other applicable regulations shall control the issuance of building permits. In addition to such provisions, every application for a building permit shall be accompanied by a plan, in duplicate, drawn to scale, showing the dimensions of the plot to be built upon, the size and location of the building or other structure on the plot and such other information as may be necessary to provide for the enforcement of the regulations contained in this chapter. No building permit shall be issued unless the provisions of this chapter are complied with.

(Code 1989, § 320-53)

(a)

No permit for excavation for or the erection or alteration of or repairs to any building or other structure shall be issued until an application has been made for a certificate of zoning compliance.

(b)

No land shall be occupied or used and no building or other structure hereafter erected, altered, extended, enlarged or restored shall be used or changed in use until a certificate of zoning compliance shall have been issued by the building inspector stating that the building, other structure or proposed use thereof complies with the provisions of this chapter.

(c)

All applications for a certificate of zoning compliance shall be in writing, signed by the property owner or the property owner's duly authorized agent, on forms furnished by the building inspector, and shall contain the following information:

(1)

The nature and definite purpose of the building, other structure or use.

(2)

The street address and description of the property, building or other structure thereon and to be placed thereon.

(3)

A statement of any restrictions by deed or other instrument of record.

(4)

An agreement to comply with this chapter and all other laws, ordinances and regulations that may be applicable.

(d)

Upon written request and application for a certificate of zoning compliance by the property owner or the property owner's duly authorized agent, the building inspector shall inspect any building, other structure or tract of land existing on May 27, 1968, and shall issue a certificate of zoning compliance therefor, certifying the use of the building, other structure or tract of land and whether such use conforms to all the provisions of this chapter. However, no certificate of zoning compliance shall be issued if there are any pending violations of law or orders of the building inspector, the board of appeals or the common council.

(e)

A certificate of zoning compliance shall be issued within ten days after the erection, alteration or repair shall have been approved as complying with the provisions of this chapter and shall void any previous certificate of zoning compliance for the same premises.

(Code 1989, § 320-55)

The building inspector is hereby empowered to cause any building, other structure or tract of land to be inspected and examined and to order in writing the remedying of any condition found to exist therein or thereat, which is in violation of any provision of this chapter. After any such order has been served, no work shall proceed on any building, other structure or tract of land covered by such order, except to comply with such order.

(Code 1989, § 320-56)

The common council, the mayor and all property owners within a 250-foot distance outward in all directions of boundary lines of a parcel of land to be rezoned or for which a petition for special permit has been submitted shall be notified by letter ten days before the hearing concerning the rezoning.

(Code 1989, § 320-70(B))

(a)

Established. The board of appeals, consisting of five members, as constituted and empowered under General City Law § 81, is hereby created.

(b)

Rules of conduct and procedure. The board of appeals, consistent with law and ordinance, may adopt rules of conduct and procedure.

(c)

Decisions. The concurring vote of a majority of the members of the board of appeals shall be necessary to reverse any order, requirement, decision or determination appealed from or to decide in favor of the applicant any matter upon which it is required to pass under this chapter, or to effect any variation in this chapter. Every decision of the board of appeals shall be by resolution. Where findings are required, the decision shall set forth each required finding, supported by substantial evidence or other data considered by the board of appeals in each specific case, or, in the case of denial, the decision shall include the findings which are not satisfied.

(Code 1989, §§ 320-59, 320-65, 320-71)

State Law reference— Board of appeals, General City Law § 81.

An application for any matter upon which the board of appeals is required to pass shall be made to the city clerk along with a filing fee in the amount established by section 30-601. The application must be filed by the owner or tenant of the property, or their duly authorized agent, for which such appeal or application is sought.

(Code 1989, § 320-67)

(a)

The board of appeals shall hear and decide all applications for special permits or for modifications of this chapter in all such cases upon which the board of appeals is specifically authorized to pass or to make any other determination required in this chapter. All uses listed as subject to a special permit authorized by the board of appeals are declared to possess characteristics of such unique and special form that each use shall be considered as an individual case. Such uses shall be deemed to be permitted uses in their respective districts subject to the requirements of this chapter.

(b)

In authorizing any specified special permit or modification or in making any required determination, the board of appeals may prescribe appropriate conditions to minimize adverse effects on the character of the surrounding area and to promote the purposes of this chapter. When the particular site involved in such application is deemed wholly inadequate for the proposed use, the board of appeals may deny the application in total.

(c)

No permit or modification of the provisions of this chapter shall be authorized by the board of appeals unless it finds that such special permit or modification:

(1)

Will be in harmony with the general purposes and intent of this chapter, taking into account the location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it and the size of the site in respect to streets giving access thereto.

(2)

Will not tend to depreciate the value of adjacent property, taking into account the possibility of screening or other protective measures to protect adjacent properties in any R district.

(3)

Will not create a hazard to health, safety or general welfare.

(4)

Will not alter the essential character of the neighborhood or be detrimental to the residents thereof.

(5)

Will not otherwise be detrimental to the public convenience or welfare. (See section 82-4.)

(d)

In addition to the power to grant special permits in cases specified elsewhere in this chapter, the board of appeals may authorize a temporary and revocable permit for not more than two years for uses and structures that do not conform to the regulations of this chapter for the district in which located, provided that the following findings are made:

(1)

That such use is of a temporary nature and does not involve the erection or enlargement of any permanent structure.

(2)

In case of a renewal of such permit, that all conditions and safeguards previously required have been complied with.

(3)

In the case of continuation of temporary structures or uses incidental to construction work for a period in excess of one year (section 82-202), that:

a.

The nature and scale of the construction is such as to require a longer period of time for completion; and

b.

Such construction has been diligently prosecuted or that any delays have been unavoidable.

(Code 1989, § 320-62)

(a)

Reduction of parking spaces for places of assembly. The board of appeals may authorize a reduction of not more than 50 percent in the number of required off-street parking spaces for places of assembly when located on the same lot with other uses, provided that, in accordance with the times of operation and times of peak demand, there will be no conflict in the joint use of such off-street parking.

(b)

Reduction of parking spaces where public parking facilities are available. Where public off-street parking facilities are available, other than parking provided for a public building, the board of appeals may reduce, on a pro rata basis, the parking requirements for all uses within 600 feet of any boundary of such public parking facility.

(c)

Exception from exterior side yard requirements. The board of appeals may modify the exterior side yard requirements for principal buildings on deep corner lots, provided that the following findings are made:

(1)

That the rear yard is at least 50 feet in depth.

(2)

That such modification will not adversely affect the adjoining property.

(Code 1989, § 320-63)

The requirement for a special permit shall not apply to any use lawfully existing on May 27, 1968, or on the effective date of any amendment to this chapter.

(Code 1989, § 320-64)

Any variance, special permit or modification of regulations authorized by the board of appeals shall be automatically revoked unless a building permit conforming to all the conditions and requirements established by the board of appeals is obtained within six months of the date of approval by the board of appeals and construction commenced within one year of such date of approval.

(Code 1989, § 320-72)

Failure to comply with any condition or restriction prescribed by the board of appeals in approving any appeal for a variance, application for a special permit or a modification of regulations shall constitute a violation. Such violation may constitute the basis for revocation of a variance, special permit or modification or for imposing penalties and other applicable remedies.

(Code 1989, § 320-73)

The common council may from time to time, on its own motion, on petition or on recommendation of the planning board, after proper public notice and public hearing, as provided by statute, amend, supplement or repeal the regulations, provisions or boundaries of this chapter.

(Code 1989, § 320-74)

In the case of a proposed amendment which involves the reclassification or transfer of any area to a less restrictive district, the common council may require the petitioner to submit a development plan showing the extent, location and character of proposed structures and uses. The common council may require that such plan be modified to meet the objections raised at any public hearing thereon, or subsequent thereto, and may qualify its approval of any such amendment by attaching a special endorsement thereto. Within a period of six months from the approval of such a provisional amendment, no building permit or certificate of zoning compliance shall be issued for any property within the area described by the amendment except in accordance with the approved development plan and with all conditions and limitations placed thereon by the common council or in accordance with the zoning regulations applicable prior to the reclassification action. Unless an application for a building permit for such special development is made within six months after the common council's approval and unless development of the area included in such development is commenced within a period of one year after the common council's approval, the approval shall be void and the zoning classification shall be as it was when the petition for amendment was filed. All improvements in such district shall be made in accordance with the plan as approved by the common council or with subsequent amendments thereto.

(Code 1989, § 320-75)

(a)

A petition to amend, change or supplement the text of this chapter, or any zoning district designated on the zoning map established in this chapter, shall be filed with the city clerk, along with a filing fee in the amount established in section 30-602, and shall be transmitted by the city clerk to the common council.

(b)

The common council, the mayor and all property owners within a 250-foot distance outward in all directions of the boundary lines of the parcel of land to be rezoned shall be notified by letter ten days before the hearing concerning the rezoning.

(Code 1989, § 320-76)

The disposition of a petition for amendment by the common council shall be final, and disapproval or denial of the proposed amendment shall void the petition. No new petition for an amendment which has been previously denied by the common council shall be considered by it, except for a vote to take or to receive and file, and no public hearing shall be held on such amendment, within a period of one year from the date of such previous denial, unless the common council shall find that there have been substantial changes in the situation which would merit a rehearing.

(Code 1989, § 320-77)

Nothing contained in this chapter shall prevent the construction of a building or other structure which is made nonconforming by this chapter, or subsequent amendment to this chapter, for which a building permit has been lawfully issued, provided that either construction of the foundation shall have commenced prior to the nonconforming date and construction thereafter diligently prosecuted or the board of appeals shall make a finding that substantial expenditures have been made or substantial financial obligations have been incurred for such nonconforming building or structure prior to the nonconforming date.

(Code 1989, § 320-9)

Where a lot is divided by any zoning district boundary so as to be in more than one zoning district and where such lot was an existing lot when such district boundary was established, a nonconforming use, occupying 50 percent or more of the area of the lot and having street frontage in the district where permitted, may be extended on such lot no more than 25 feet (measured at right angles to the district boundary) into any district where such use is not permitted, subject to applicable required open space provisions relating to such use.

(Code 1989, § 320-14)

Any use which is made nonconforming by any use regulation of this chapter or by any subsequent amendments thereto may be continued except as provided in this subdivision.

(Code 1989, § 320-43(A))

Any nonconforming use may be changed to a conforming use or to a use permitted in the district in which the nonconforming use is first allowed. Once a nonconforming use is changed to a conforming use, such use thereafter shall not revert to a nonconforming use.

(Code 1989, § 320-43(B))

A nonconforming use shall not be enlarged or extended, except that in any C or M district any nonconforming building may be enlarged to an extent not exceeding 25 percent, in the aggregate, of the gross floor area devoted to such nonconforming use. In no case shall such enlargement extend beyond the lot occupied by such nonconforming use or violate any height, yard, parking area or other open space requirement of this chapter. When the total of all enlargements equals 25 percent of the gross floor area existing at the time such use became a nonconforming use, no further enlargements shall be permitted.

(Code 1989, § 320-43(C))

(a)

Nothing in this subdivision shall be deemed to prevent normal maintenance of a building or other structure containing a nonconforming use, including nonstructural repairs and incidental alterations not extending the nonconforming use.

(b)

No structural alterations shall be made in a building or other structure containing a nonconforming use except;

(1)

When required by law.

(2)

To restore to a safe condition any building or structure declared unsafe by the building inspector.

(3)

To accomplish permitted enlargements.

(4)

To accomplish a change to a conforming use or to a more restricted use.

(Code 1989, § 320-43(D))

Such nonconforming building or other structure which has been damaged or destroyed by any means to the extent of 80 percent or more of its full value, as determined by an assessor for the city, or which has been condemned by the building inspector and ordered to be demolished, shall not be rebuilt or repaired except in conformance with the regulations of this chapter. In the case of a permitted restoration of a nonconforming use, neither the floor area nor the cubical content shall be increased from the original nonconforming building or other structure. Full value shall be determined by dividing the latest assessment of such improvement by the latest state equalization rate expressed as a percentage.

(Code 1989, § 320-43(E))

In any district, whenever a nonconforming use of land, building or other structure or any part or portion thereof has been discontinued for a period of one year, such nonconforming use shall not thereafter be reestablished, and all future use shall be in conformity with the provisions of this chapter. Such discontinuance of the active and continuous operation of such nonconforming use, or a part or portion thereof, for such period of one year is hereby construed and considered to be an abandonment of such nonconforming use, regardless of any reservation of an intent not to abandon such use or of an intent to resume active operations. If actual abandonment in fact is evidenced by the removal of buildings, other structures, machinery, equipment or other evidences of such nonconforming use of the premises, the abandonment shall be construed and considered to be completed upon such abandonment, and all rights to reestablish or continue such nonconforming use shall thereupon terminate.

(Code 1989, § 320-43(F))

The following nonconforming uses may be continued for a period of three years, provided that after the expiration of such period any such nonconforming use shall become an unlawful use and shall be terminated:

(1)

In any R district, any nonconforming use not in an enclosed building, including but not limited to junk business, auto wrecking and dismantling and the storage of motor vehicles which do not qualify for a New York state motor vehicle inspection sticker.

(2)

In any R district, the parking or storage of equipment or commercial vehicles exceeding three-fourths ton rated capacity if not stored within a completely enclosed building.

(3)

In any R district, a nonconforming sign or a nonconforming building or other structure with an assessed value under $500.00.

(4)

In any R district, the harboring of animals other than household pets.

(Code 1989, § 320-43(G))

Any building, other structure or use of land which is made nonconforming by any lot size, open space, height or building size regulations of this chapter or by any subsequent amendments thereto may be continued, except as provided in this subdivision.

(Code 1989, § 320-44(A))

Such nonconforming building, other structure or use of land as described in section 82-91 may be enlarged or extended, provided that any such enlargement or extension shall comply with the regulations of this chapter.

(Code 1989, § 320-44(B))

Such nonconforming building or other structure as described in section 82-91 may be repaired or structurally altered, provided that alterations creating enlargements or extensions shall conform to the regulations of this chapter.

(Code 1989, § 320-44(C))

Such nonconforming building or other structure as described in section 82-91 which has been damaged or destroyed by any means to the extent of 80 percent or more of its full value as determined by the city assessor or which has been condemned by the building inspector and ordered to be demolished shall not be rebuilt or repaired except in conformance with the regulations of this chapter. In the case of a permitted restoration of any such nonconforming use, the degree of nonconformance of the original building or other structure shall not be increased. Full value shall be determined as provided in section 82-75.

(Code 1989, § 320-44(D))