Waterloo Village City Zoning Code
ARTICLE IX
Administration and Enforcement
§ 245-54 Zoning permit.
A.
No building or structure (fixed or portable) shall be erected, added to, demolished, in whole or in part, modified or structurally altered internally or externally or its use altered until a zoning permit has been issued by the Code Administration Officer. No permit shall be granted by the Code Administration Officer for any purpose except in compliance with the provisions of this chapter or as may be lawfully ordered by the Planning Board or the Zoning Board of Appeals.
B.
Zoning permits shall be valid for a period of one year, and for good cause the Code Administration Officer may allow a maximum of two extensions for periods not exceeding three months each.
C.
Application requirements for zoning permits.
(1)
All applications for zoning permits shall be made in writing by the owner, tenant (as the owner's agent), vendee under contract of sale or authorized agent on a form(s) supplied by the Code Administration Officer. Applications for permits may be obtained and delivered at the Village office during normal business days and hours.
(2)
In addition to the information requested on the application form, the applicant shall also provide the following:
(a)
A statement as to the proposed use of the building or land.
(b)
A site layout, drawn to scale, showing the location, dimensions and height of proposed buildings, structures or uses and any existing buildings in relation to property and street lines.
(c)
The size, dimensions, location and methods of illumination for signs, if applicable.
(d)
Any additional plans and information reasonably necessary for the Code Administration Officer to ascertain whether the proposed use, change in use, erection, alteration or addition complies with the provisions of this chapter.
(3)
No permit for any new use or construction which will involve the on-site disposal of sewage or waste, and no permit for a change in use or an alteration which will result in an increased volume of sewage or waste to be disposed of on the site, shall be issued until a certificate of approval has been issued by the Seneca County Health Department.
D.
Issuance of zoning permits. Zoning permits shall be granted or refused within 15 days after the completed written application has been filed with the Code Administration Officer, except as provided for special permit applications and Planning Board review.
§ 245-55 Certificate of zoning compliance.
A.
No land shall be occupied or used and no building hereafter erected, altered or extended shall be used or changed in use until a certificate of zoning compliance shall have been issued by the Code Administration Officer. No certificate of zoning compliance shall be issued by the Code Administration Officer except in strict compliance with the provisions of this chapter.
B.
Upon completion of the activity authorized by the zoning permit, the holder of such permit shall notify the Code Administration Officer of the completion. Thereupon the Code Administration Officer shall inspect the site and, if the requirements of this chapter have been met, shall issue a certificate of zoning compliance. All applications with accompanying plans and documents shall become and be preserved as a public record for such period of time as required by law.
§ 245-56 Penalties for offenses.
[Amended 7-12-1999 by L.L. No. 3-1999]
Any person who shall violate any of the provisions of this chapter or fail to comply therewith or with any requirements thereof or who shall violate or fail to comply with any order or regulation made thereunder or who shall continue to work upon any structure or continue to operate or conduct any business prohibited by this chapter shall be guilty of an offense and subject to a criminal penalty of not exceeding $250 and/or imprisonment for up to 15 days or a civil penalty of $500 for each offense. Each day of continued violation shall constitute a separate and additional offense. The application of the above penalty shall not be held to prevent the enforced removal of the prohibited condition as provided in § 245-58 of this chapter nor appropriate civil action to restrain the violation of any provision of this chapter nor any civil action to collect any fines imposed.
§ 245-57 Injunction.
In addition to the rights and penalties provided in § 245-56, the Village may obtain an action to restrain by injunction any violation of this chapter or any failure to comply with any of the provisions of this chapter.
§ 245-58 Stop order.
Any building or structure erected or any use conducted without a zoning permit or certificate of zoning compliance, where required, or not in conformity with the provisions of this chapter may be removed, closed or halted at once by the Code Administration Officer with the issuance of a stop order, with the assistance, if deemed necessary, of any appropriate Village officer or employee.
§ 245-59 Fees.
A.
The Village Board shall by local law establish fees for permits and other actions under this chapter and shall post the fee schedule at the Village offices.
B.
Fees collected under this chapter are not refundable.
§ 245-60 Nonconforming uses and structures.
[Amended 3-10-1997 by L.L. No. 1-1997]
A.
All lawful uses and structures existing at the time of the enactment of this chapter may be continued although such do not conform to the provisions of this chapter.
B.
Unlawful uses or structures not to be construed as nonconforming. No unlawful use or structure or portion thereof existing at the time of the enactment of this chapter shall be deemed a nonconforming use or structure. Unlawful uses or structures are not entitled to any of the protection granted by this chapter to nonconforming uses or structures.
C.
Unsafe structures. Any nonconforming structure or portion thereof declared unsafe by the Village of Waterloo Code Administration Officer and/or the County Building Code Enforcement Officer may be restored to a safe condition.
D.
Restoration or alteration of nonconforming structures.
(1)
A nonconforming structure may not be restored, modified or structurally altered in any way that will increase its degree of nonconformance.
(2)
A nonconforming structure may be modified or structurally altered so as to decrease its degree of nonconformance.
(3)
A nonconforming structure may be modified, altered or renovated if such modification, alteration or renovation does not increase its degree of nonconformity.
(4)
A nonconforming structure may be modified, rebuilt, reconstructed or structurally altered, provided that it shall conform to all the provisions of this chapter.
E.
Restoration of nonconforming structure. Any nonconforming structure damaged by any cause other than the design or intent of the owner may be rebuilt or restored to its original condition prior to such damage. Except by special permit, the rebuilding or restoration must be commenced within 12 months or the structure must be removed.
F.
Extension of nonconforming use. No nonconforming use may be extended, expanded or enlarged into any building or lot or portion thereof not used for such use on the day of the enactment of this chapter. However, a nonconforming use may be extended throughout any parts of a building or lot which were manifestly arranged or designed for such use at the time of the enactment of this chapter, with Planning Board approval.
G.
Abandonment. If an abandoned nonconforming use is not reestablished, the future use shall be in conformity with the provisions of this chapter.
(1)
A nonconforming use shall be considered abandoned under any of the following circumstances:
(a)
A nonconforming structure/use is vacant for a continuous period of one year.
(b)
There is clear intent on the part of the owner to abandon the nonconforming structure/use.
(2)
A nonconforming structure/use may be vacant for a period in excess of one year but no more than three years by approval of the Planning Board if a legal proceeding involving the title to the structure/use is occurring.
H.
Changes in nonconforming uses.
(1)
Once changed to a conforming use, no lot or structure may be permitted to revert to a nonconforming use.
(2)
A nonconforming use may be changed to a use of the same or lower density/intensity by special permit but not to a use in a higher density/intensity. (See Article II, § 245-7).
(3)
A nonconforming use may not be changed to a use more objectionable as determined by the Planing Board. The Code Administration Officer, when he or she has noted a violation of the nonconforming use regulations and has been unable to obtain compliance from the owner, may file a complaint with the Planning Board. The Planning Board shall hold a hearing to review the complaint and shall make a determination of compliance. The owner shall be notified of the determination and shall comply with the order to bring the nonconforming use into compliance.
§ 245-61 Existing building permits.
Nothing herein contained shall require any change in plans, construction or designated use of a building for which a building permit has heretofore been issued and the construction of which has been diligently prosecuted within three months of the date of such permit and the ground story framework of which, including the second tier of beams, shall have been completed within one year of the date of the permit and which entire building shall be completed according to such plans as filed within two years from the date of the permit.
§ 245-62 Existing lots and uses.
A.
All lots existing prior to the adoption of this chapter which do not meet the lot size and width requirements of this chapter shall be considered conforming for the purposes of this chapter.
B.
All preexisting industrial uses which are made nonconforming by this chapter shall have the right to expand their facilities by 50% of the gross floor area existing at the time of the adoption of this chapter, provided that the expansion occurs only on the adjoining lot area existing and owned or leased by the industry at the time of the adoption of this chapter and that it shall conform to the bulk regulations for the general industrial district.
C.
No existing use or structure shall be considered nonconforming by reason of an insufficient number of parking spaces as required by this chapter or the absence of a required loading berth. No existing use shall reduce the number of existing parking spaces below that required by this chapter. If any existing use expands so as to require additional parking spaces, it shall be mandatory to provide only those additionally required parking spaces.
§ 245-63 Code Administration Officer.
The duty of administering and enforcing the provisions of this chapter is hereby conferred upon the Code Administration Officer. The Code Administration Officer shall be appointed by the Village Board and receive compensation as the Village Board shall determine.
A.
Administer this chapter. The Code Administration Officer shall review all applications for zoning permits, and, if the minimum requirements of this chapter are met, he or she shall issue a permit or refer the application to the Planning Board for review as required by this chapter. If the applicant's plans do not meet the zoning requirements, he or she must deny the permit. The Code Administration Officer may not use discretionary judgment. He or she must enforce the letter of the law.
B.
Referral to the Zoning Board of Appeals. An applicant, after he or she has been denied a zoning permit, may appeal the Planning Board's or Code Administration Officer's findings to the Zoning Board of Appeals (ZBA) for an interpretation or a variance. Should an appeal be requested, the Code Administration Officer shall notify the Clerk of the ZBA of the request and forward all necessary supporting information.
C.
Referral to Village Planning Board. Any application for a special permit, subdivision site plan review or change of zoning district shall be forwarded by the Code Administration Officer to the Clerk of the Village Planning Board along with all supporting information and his or her recommendation.
D.
Cite zoning violations. For any plans, constructions, building or use of property found in violation of this Code, the Code Administration Officer shall order the responsible party, in writing, to remedy the conditions. The Code Administration Officer shall have the authority to issue a stop order and, if such is not complied with, shall secure from the Village Justice a stop order to constrain the continuance of the violation.
E.
Report to Village Board. A monthly report to the Village Board describing and enumerating actions taken and permits issued shall be given.
F.
Report to Planning Board. A monthly report to the Planning Board describing and enumerating actions taken and permits issued shall be given.
G.
Public record. The Code Administration Officer shall file all permits and actions with the Village Clerk-Treasurer.