Wheatfield Town City Zoning Code
ARTICLE XIV
Administration and Enforcement
§ 200-89 Designation of enforcement officer; powers and duties.
A.
This chapter shall be enforced by the Building Inspector. The Building Inspector or his or her staff may enter any premises or building at a reasonable time to determine whether or not the same is in violation of this chapter. He or she shall order discontinuance of uses of lands, buildings or structures, construction of buildings, structures or additions and alterations or other structural changes which are in violation of this chapter or any other law. Nothing herein contained shall limit or restrict any other procedure provided for the enforcement of this chapter or other applicable law.
B.
It shall be the duty of this officer to keep a record of all approvals or rejections he or she may make pursuant to this chapter.
§ 200-90 Building permits; fee.
A.
No building, structure or part of a building shall be erected, added to or altered until a building permit therefor has been issued by the Building Inspector.
B.
All applications for building permits shall be complete and shall contain the following information, as appropriate:
[Amended 9-15-2008 by L.L. No. 8-2008]
(1)
A property survey.
(2)
A plot plan showing the proposed location of the building in its exact location on the building lot.
(3)
Building plans stamped with a legible engineer's or architect's seal as required by state law and/or this chapter.
(4)
Highway Department curb cuts and drainage permits.[1]
[1]
Editor's Note: See Chapter 82, Drainage.
(5)
Required certificates of insurance for general liability, NYS disability and NYS workers' compensation.
(6)
Site plan review.
C.
The fee assessed or charged for the issuance of such building permit shall be fixed by the Town Board.[2]
[2]
Editor's Note: A fee schedule is on file at the office of the Town Clerk.
D.
Such permit shall be valid for a maximum period of one year from date of issuance, after which time it shall become null and void without substantial work having been completed. A building permit may be renewed for one one-year period from the expiration date thereof, subject to the terms and conditions contained in the original permit and upon submission by the applicant of another application. If additional work or inspections are still required, the homeowner shall begin the permit application process again, applying for a permit as if no permit was ever issued. For each project, the process shall be initiated no more than two times, allowing a total of four years (two times with one-year renewal) for project completion.
[Amended 11-4-2013 by L.L. No. 8-2013]
E.
Model home permit. A model home permit which would permit the commencement of construction of a building prior to approval and dedication of roadways and utilities by the Town may be issued upon resolution of the Town Board. The Town Board may by resolution from time to time set a fee for the issuance of said model home permit.
[Added 6-13-2005 by L.L. No. 4-2005]
F.
Open deck construction permit. The Town Board may from time to time establish a fee for the issuance of a permit to construct open decks on buildings within the Town of Wheatfield.
[Added 6-13-2005 by L.L. No. 5-2005]
G.
Truss-type construction fee. The Town Board may from time to time establish an additional fee for the issuance of a building permit for commercial and industrial buildings requiring truss-type construction.
[Added 6-13-2005 by L.L. No. 6-2005]
H.
The Building Department shall prepare and collect the fines and fees as described in Subsection D above. Homeowners will be notified of the fees and given 30 days to make payment. After 30 days, unpaid accounts regarding any fine, fee, or cost of service performed by the Building Department and related departments, such as ordinance violations, reinspection fees, permit fees, and fines, shall be forwarded to the Town Assessor to be assigned in aggregate to the next year's regular property tax bill for such property. An administration fee, fixed by the Town Board, shall also be assessed on the next regular property tax bill in addition to the unpaid fines and fees.
[Added 11-4-2013 by L.L. No. 8-2013]
§ 200-91 Certificate of occupancy.
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 occupancy shall have been issued by the Building Inspector stating that the buildings or proposed use thereof complies with the provisions of this chapter.
B.
No nonconforming use shall be changed or extended without a certificate of occupancy.
C.
All certificates of occupancy shall be applied for coincident with the application for a building permit. Said certificate shall be issued within 10 days after the erection or alteration shall have been approved as complying with the provisions of this chapter.
D.
The Building Inspector shall maintain a record of all certificates and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building affected.
§ 200-92 Establishment of Zoning Board of Appeals.
The Zoning Board of Appeals shall consist of five members appointed by the Town Board. The members of the Zoning Board of Appeals as now constituted shall continue in office until the expiration of their present terms. Thereafter, their successors shall be appointed for terms of five years each. Vacancies shall be filled as provided for in the Town Law.
§ 200-93 Powers and duties of Zoning Board of Appeals; variances.
[Amended 3-20-2000 by L.L. No. 2-2000; 9-15-2008 by L.L. No. 8-2008]
A.
Interpretation. Upon an appeal from a decision by the administrative official charged with the enforcement of this chapter, the Zoning Board of Appeals shall decide any question involving interpretation of any provision of this chapter.
B.
Variances. Upon an appeal from an order, requirement, decision or determination by the administrative official charged with the enforcement of this chapter, the Zoning Board of Appeals may grant variances in accordance with the following:
(1)
Use variance.
(a)
Before the Board of Appeals may grant a use variance, the applicant shall show that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant shall demonstrate to the Zoning Board of Appeals that, for each and every permitted use under the zoning regulations for the particular district where the property is located, the following four criteria are met:
[1]
The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated 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.
[4]
The alleged hardship has not been self-created.
(b)
The Zoning Board of Appeals, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proven by the applicant and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
(2)
Area variance.
(a)
Area variances may be considered where the dimensional or physical requirements of the applicable zoning regulations cannot be reasonably met. In determining whether to grant an area variance, the Zoning Board of Appeals shall take into consideration the benefit of the applicant if the variance is granted as weighted 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.
[5]
Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Zoning Board of Appeals but shall not necessarily preclude the granting of the area variance.
(b)
The Zoning 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.
(3)
Imposition of conditions. The Zoning Board of Appeals shall, in the granting of both use variances and area variances, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of this chapter and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
§ 200-94 Zoning Board of Appeals procedures.
A.
The Zoning Board of Appeals shall act in strict accordance with the procedure prescribed by Town Law and by this chapter. All appeals and applications made to the Zoning Board of Appeals shall be in writing, on forms prescribed by the Zoning Board of Appeals. Every appeal or application shall refer to the specific provision of the chapter involved and shall exactly set forth the interpretation that is claimed or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be. The Zoning Board of Appeals may refer any application or appeal to the Planning Board, Town departments, and/or advisory staff to receive input.
[Amended 9-15-2008 by L.L. No. 8-2008; 10-15-2018 by L.L. No. 4-2018]
B.
Every decision of the Zoning Board of Appeals shall be by resolution, each of which shall contain a full record or the findings of said Board in the particular case.
§ 200-95 Revocation of authorization.
Any variance or modification of regulations authorized by the Zoning Board of Appeals shall be automatically revoked unless a building permit conforming to all the conditions and requirements established by the Zoning 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.
§ 200-96 Establishment of Planning Board; powers and duties.
The Town of Wheatfield shall appoint a Planning Board consisting of five members, said appointments to be made in the manner as prescribed by Town Law. The Planning Board shall exercise the powers, functions and duties as prescribed by the Town Law, with the exception that the Town Board shall reserve its authority to grant subdivision approval unto itself.
§ 200-97 Complaints of violations.
Whenever a violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints must be in writing and shall be filed with the Building Inspector, who shall properly record such complaint and immediately investigate and report thereon to the Town Board.
§ 200-98 Penalties for offenses. [1]
Except as otherwise provided, any person who violates any provision of this chapter or any regulation adopted hereunder is guilty of an offense punishable by a fine not exceeding $350 for the first violation; a minimum of $350 and a maximum of $700 for a second violation within five years; and a minimum of $700 and a maximum of $1,000 for a third or subsequent violation within five years; or imprisonment for a period not to exceed six months, or both. Each week's continued violation shall constitute a separate violation.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
§ 200-99 Appearance tickets.
Pursuant to Chapter 3, Appearance Tickets, the Building Inspector may issue appearance tickets, the purpose being to enable him or her to bring an alleged violator into court without the necessity of issuance of a summons by a local court.