Watertown City Zoning Code
ARTICLE XIII
Administration and Enforcement
§ 310-130 Administration and enforcement officials.
This chapter shall be administered by the Planning and Community Development Department and enforced by the Bureau of Code Enforcement. No zoning compliance certificate, building permit or certificate of occupancy for any building, structure or land shall be issued except where all provisions of this chapter have been met and complied with, or unless the property has been granted an applicable variance by the Zoning Board of Appeals.
A.
The Planning and Community Development Department's duties shall include:
(1)
Issue or deny zoning compliance certificates within seven business days of receipt of the completed application.
(2)
Interpret the provisions of this chapter.
(3)
Scale and interpret district boundaries on Zoning Maps.
(4)
Refer appropriate matters to the City Planning Commission, Jefferson County Planning Board, Zoning Board of Appeals and the City Council.
(5)
Attend all City Planning Commission and Zoning Board of Appeals meetings unless excused by the Chairperson of such boards.
B.
The Bureau of Code Enforcement's duties shall include:
(1)
Inspect all site improvements and coordinate with the Planning and Community Development Department and other officials and agencies, as appropriate, in order to certify that the requirements of this chapter and any conditions of approval have been fully complied with.
(2)
Approve certificate of occupancy.
(3)
Revoke or suspend a permit where there is false, misleading or insufficient information or where the applicant has not done what was proposed on the application or required as a condition of approval.
(4)
Issue notices to remedy stop-work orders and investigate violations.
(5)
Conduct surveys of the City to detect unauthorized construction on any existing structure or unauthorized development of lots.
(6)
Issue building permits.
§ 310-131 Zoning compliance certificate; certificate of occupancy.
A.
Zoning compliance certificate. The purpose of the zoning compliance certificate is to provide a procedure for reviewing proposed uses and activities for compliance with the requirements specified in this chapter for the district in which the uses or activities are located.
(1)
A zoning compliance certificate shall be required for any building, structure or part thereof that is hereafter used, occupied, erected, moved or altered. In addition, there shall be no alteration of the land surface preliminary to or incidental to any such activities, including grading, filling, excavation, paving, etc., except for testing and surveying, without first obtaining a zoning compliance certificate.
(2)
A zoning compliance certificate shall not be required for maintenance and repairs (e.g., roofing, window replacement, siding replacement, etc.) that does not expand the exterior dimensions of the structure and that does not involve a change in use.
(3)
All applications for a zoning compliance certificate shall include one copy of a layout or plot plan showing the actual dimensions of the lot to be built upon, the size and location of the building(s) and accessory building(s) to be erected on the lot and such other information as may be necessary to determine compliance with the provisions of this chapter.
(4)
The approved application shall be sent back to the applicant with a copy to the Bureau of Code Enforcement.
(5)
When required, an application for a zoning compliance certificate must be obtained and filed prior to the issuance of a building permit.
(6)
No zoning compliance certificate shall be issued for any use or building where said construction, addition or alteration or use thereof would be in violation of any of the provisions of this chapter.
(7)
Each application for a zoning compliance certificate shall be accompanied by a check or other form of payment acceptable to the City of Watertown, in the amount as established in the City-approved fee schedule.
(8)
The City shall deem any zoning compliance certificate issued under this chapter expired if construction has not commenced within 18 months from the date of issue.
(9)
The City shall deem any construction that has been discontinued for a period of 12 consecutive months or longer to have been abandoned. The City shall authorize construction to resume only upon the issuance of a new zoning compliance certificate.
(10)
The issuance of a zoning compliance certificate shall not authorize the establishment or expansion of any use, nor the development, construction, relocation, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for any additional permits and approvals which may be required by the Planning and Community Development Department or Bureau of Code Enforcement, including but not limited to site plan approval, special use permit, use or area variance, a building permit and an certificate of occupancy.
(11)
Any person who is denied the issuance of a zoning compliance certificate, who is ordered to comply with the provisions of this chapter, who is ordered to cease and desist any use prohibited by this chapter, or who is otherwise in disagreement with the judgment of the Planning and Community Development Department with respect to the administration of this chapter, may appeal to the Zoning Board of Appeals.
B.
Certificate of occupancy. No building shall be erected, altered or in any way changed as to construction or use, under a permit or otherwise, and no land shall be occupied or used without a certificate of occupancy signed by the Bureau of Code Enforcement.
(1)
The certificate of occupancy shall not be issued until the building, its uses, accessory uses and the use of land comply in all respects with this chapter.
(2)
Where determined appropriate and with such conditions as it may deem it appropriate to impose, the Bureau of Code Enforcement may issue a temporary permit for a specified part of the building.
§ 310-132 Planning Commission powers and duties.
A.
Establishment. Pursuant to § 27 of Article 3 of the General City Law of the State of New York, the Planning Commission created in and for the City of Watertown shall be and hereby is continued with the members thereof hereafter to be appointed in accordance with Article 12-A of the General Municipal Law of the State of New York, and in addition to the powers and duties specified in Article 12-A of the General Municipal Law, said Commission shall have hereafter all of the powers and duties specified for a Planning Board, as provided in Article 3 of the General City Law and acts amendatory thereto.
B.
General. In exercising its powers, the Commission may reserve or affirm wholly or partly, or modify the order; requirement, decision or determination as in its judgment ought to be made in accordance with the provisions of this chapter.
C.
Jurisdiction. The Commission shall have all the power and duties prescribed by law and this chapter which are more particularly specified as follows:
(1)
Site plan review. The Commission shall be responsible for approving site plans in association with all zoning actions where site plan review is required, including planned developments.
(2)
Special use permit. The Commission shall be responsible for approving site plans in association with all zoning actions where a special use permit is required.
(3)
Subdivisions. The Commission is given the authority to review all proposed subdivisions of property in the City.
(4)
Recommendations to the City Council. The Commission is responsible for reviewing proposals for zoning amendments and making recommendations to the City Council on such. The Commission may also be required to review other proposals and make recommendations as allowed by this chapter.
§ 310-133 Zoning Board of Appeals powers and duties.
A.
General. In exercising its powers, the Board may reverse or affirm wholly or partly, or modify the order, requirement, decision or determination as in its judgment ought to be made in accordance with the provisions of this chapter and pursuant to Chapter 21 Article 5-A, § 81 of the General City Law of the State of New York.
B.
Jurisdiction. The Board shall have all the power and duties prescribed by law and this chapter which are more particularly specified as follows:
(1)
Interpretation. Upon appeals from a decision by the Bureau of Code Enforcement, the Planning and Community Development Department or any other administrative official, or by its own motion, the Zoning Board of Appeals, after due notice and public hearing, shall decide appeals where it is alleged that an error or misinterpretation in any order, requirement, decision, grant or refusal has been made in carrying out the enforcement of the provisions of this chapter, including the determination of the exact location of any district boundary if there is uncertainty with respect thereto.
(2)
Grant variances. The Zoning Board of Appeals, after due notice and public hearing, may vary or adapt the strict application of any of the requirements of this chapter where, in the case of exceptional physical limitations to land or buildings, such strict application would result in a practical difficulty (area variance) or unnecessary hardship (use variance) which would deprive the owner of the reasonable use of the land or building involved.
(3)
Allow building in bed of mapped streets. If after due notice and hearing as provided for in Chapter 21, Article 3, § 35 of the General City Law of the State of New York and in accordance with the provisions set forth, an advisory opinion has been rendered by the Planning Commission, the Zoning Board of Appeals may grant a permit for a building in the bed of a mapped street or highway shown upon the official map or plan of the City.
§ 310-134 Alternate members.
Appointment; term; powers; applicability of New York State law.
A.
This section is enacted to provide a process for appointing alternate members of the Planning Commission, and Zoning Board of Appeals. These individuals would serve due to conflicts of interest by the regular members or when a permanent Planning Commission member is unable to attend.
B.
Alternate members of the Boards shall be appointed by the duly authorized appointing authority for a term of one year. No more than three alternate members may be appointed at one time.
C.
The Chair of the Planning Commission or Zoning Board may designate an alternate to substitute for a member when such member is unable to participate on an application or matter before the Board. When so designated, the alternate member shall possess all the powers and responsibilities of such member of the Board. Such designation shall be entered into the minutes of the initial meeting at which the substitution is made.
D.
All provisions of New York State law relating to Planning Commission or Zoning Board of Appeals member eligibility, vacancy in office, removal, compatibility of office and service on other boards, as well as any provision of a local law/local ordinance relating to training, continuing education, compensation and attendance, shall also apply to alternate members.
§ 310-135 Training required.
A.
It is the purpose of this article to establish minimum training, attendance and continuing education hourly requirements for members of the Planning Commission and Zoning Board of Appeals, including alternates.
B.
It is the purpose of this section to ensure that the complex and diverse process of administering local land use laws, where decisions have a profound effect on the character of the City and the well-being of its citizens, is conducted by a well trained and knowledgeable body of Planning Commission and Zoning Board of Appeals members, including alternates.
C.
It is the intent of this article to ensure that Planning Commission and Zoning Board of Appeals members and alternates obtain training to enhance their ability to carry out their duties under law and to regularly attend the meetings held by the Board to which they are appointed.
§ 310-136 Minimum training requirements established.
A.
All members of the Planning Commission and Zoning Board of Appeals shall be required to attend a minimum of four hours of relevant training courses within each year beginning from the first full year of their appointment to such board.
B.
Suitable training in excess of four hours per year may be accumulated and carried over into the succeeding year for the purpose of satisfying the training requirements for the following calendar year. However, no more than four hours may be carried for more than one year. All members of the Planning Commission and Zoning Board of Appeals must not go more than two calendar years without completing additional training hours.
C.
The training requirement may be satisfied by educational activities substantially devoted to planning, zoning or other land use issues, such as 1) attending conferences, seminars or workshops; 2) participating in on-line training or tutorials; 3) attending college courses; 4) reading journal articles or books; 5) any other educational activities considered acceptable by the Planning and Community Development Department. Training may be offered by a municipality, regional or county planning office or commission, county, regional or state planning federation, state agency, statewide municipal association, college or university or other similar entity.
D.
Noncompliance with minimum requirements relating to training hours shall be deemed a proper cause for removal from position on either board.
E.
The costs of such seminars, workshops, or continuing education courses so designated shall be reimbursed by the City upon successful completion.
§ 310-137 Lack of training not to affect validity of actions.
Notwithstanding the foregoing, the failure of a member of the Commission and Zoning Board of Appeals to obtain such training shall not affect said person's ability to entertain applications, to vote on such applications or the validity of such member's actions while still an appointed member of the respective Board.