Woodbury Village City Zoning Code
ARTICLE IX
Administration
§ 310-46 Enforcement.
This chapter shall be enforced by the Code Enforcement Officer. It shall be his/her duty:
A.
To issue or authorize issuance of building permits and certificates of occupancy when compliance is made with the provisions of this chapter and the Building Code, to refuse to issue the same in the event of noncompliance and to give written notice of such refusal and the reason therefor to the applicant.
B.
With the approval of the Village Board, to take all necessary legal steps to enforce this chapter, to keep the Village Board, Planning Board and Board of Appeals advised of all matters other than routine duties pertaining to the enforcement of this chapter, to keep all records necessary and appropriate to his office and to file them in the office of the Village Clerk.
§ 310-46.1 Right of entry.
[Added 4-25-2024 by L.L. No. 6-2024]
A.
In the performance of his duties, the Code Enforcement Officer, or his designee, shall be authorized to enter upon any nonpublic premises, or portions of premises, that are not the subject of an application for permit or certificate or temporary certificate, at such times and in such manner as such personnel may deem necessary, with the consent of the person in possession or occupancy, upon presentation of proper credentials. The Code Enforcement Officer, or his designee, shall not enter without an adult present upon the premises.
B.
If entry onto any such premises, or portions of premises, is refused or cannot be obtained from a person in possession or occupancy, the Code Enforcement Officer, or his designee, shall be authorized to obtain a warrant to make an inspection, provided that reasonable/probable cause is shown that a violation of the Village Zoning Code or New York State Uniform Fire Prevention and Building Code has occurred or is occurring.
C.
In exigent circumstances, the Code Enforcement Officer, or his designee, may, without a warrant, enter upon any such premises, or portions of premises, to inspect the same at any time without the permission of the person in possession or occupancy, provided 1) the presence of reasonable/probable cause that a violation of the Village Zoning Code or New York State Uniform Fire Prevention and Building Code has occurred or is occurring, and 2) there is an immediate need for such entry to protect life or property.
D.
If the situation warrants, the Code Enforcement Officer may request law enforcement assistance in gaining the required access.
§ 310-47 Building permits.
[Amended 10-24-2024 by L.L. No. 10-2024]
A.
"To erect," "to construct" and "to build" a building, as used in this chapter, include "to alter," "to add to" and "to relocate" a structure of any kind and to excavate or grade a lot in preparation for building a structure thereon or changing the use of the property; and before any such undertaking is commenced, including initiation of construction of infrastructure, including roads, utilities and drainage systems for any approved subdivision or site plan, a building permit therefor is required, except that no such permit shall be required for interior additions to or alterations of a building if the total cost or value of such additions or alterations is less than $1,500 or exterior additions to or alterations of a building if the total cost or value is less than $1,000, provided that such cost or value shall include the value of the labor, no matter by whom performed; and any additions to or alterations of a building to be occupied for the first time as living quarters for a person or any conversion of a one-family dwelling unit to a two-family unit or summer dwelling to a year-round residence shall require a building permit, no matter what the cost or value of such additions, alterations or conversion.
B.
With the exception of real estate signs and other nonilluminated signs not over two square feet in area referring to the premises on which located, no sign shall be erected or displayed without a building permit.
C.
There shall be submitted with each application for a building permit duplicate written copies of all the information, building plans, plot plans and plans for disposal of sewage and wastewater, drawn with reasonable accuracy to scale, showing the dimensions of the lot to be built upon, the size and the location on the lot of both the existing and proposed buildings and installations and such other information necessary to enable the Code Enforcement Officer to determine whether the proposed building and use of the premises comply with the provisions of this chapter.
D.
The fee for a building permit shall be as established by the Village Board.
E.
One copy of such submitted information or plans shall be returned to the applicant when approved by the Code Enforcement Officer, or by the Board of Appeals when its approval is necessary, together with such permit.
F.
Time limits. Building permits shall become invalid unless the authorized work is commenced within six months following the date of issuance. Building permits shall expire 12 months after the date of issuance. A building permit which has become invalid or which has expired pursuant to this subsection may be renewed upon application by the permit holder, payment of the applicable fee, and approval of the application by the Code Enforcement Officer.
§ 310-48 Certificates of occupancy.
A.
Where a building permit therefor is required, no building hereafter erected or relocated and no addition to or alteration of any building shall be used or occupied for any purpose until a certificate of occupancy shall have been issued, stating that the building or altered part of or addition to the same and proposed use thereof comply with the provisions of this chapter.
B.
Although a building permit may not be required in a specific instance, a certificate of occupancy is required for each new use or change in use of any building or land. No such new or changed use of any building or land shall be undertaken and no such building or land shall be occupied for such new or changed use until a certificate of occupancy shall have been issued stating that the building or land and proposed new use or change in use thereof complies with the provisions of this chapter.
C.
A certificate of occupancy shall be issued within 10 days after any building erected, added to, altered or relocated or proposed change in use of any building or land shall have been approved as complying with the provisions of this chapter. A new certificate of occupancy supersedes any certificate of a prior date for the same premises.
D.
Upon written application from the owner or occupant, the Code Enforcement Officer shall issue a certificate of occupancy for any existing lawful nonconforming use and occupancy of a building or land after inspection of the same, certifying the extent and kind of use made of the building or premises, provided that there are no violations of law or orders of the Code Enforcement Officer or Board of Appeals or other ordinances of the Village of Woodbury pending at the time of issuing such certificate.
E.
Application for a certificate of occupancy shall be made at the time that application is made for a building permit.
F.
The fee for a certificate of occupancy or certified copy of the same shall be in accordance with the fee schedule established by the Village Board, payable to the Code Enforcement Officer at the time that application for the same is made.
§ 310-49 Board of Appeals.
A.
The Zoning Board of Appeals shall be composed of five members appointed by the Mayor, subject to the approval of the Village Board. The Chairperson of the Zoning Board of Appeals shall be appointed annually by the Mayor, subject to the approval of the Village Board. The term of office of members of the Zoning Board of Appeals shall be five years. No member of the Zoning Board of Appeals may be appointed to, or serve, more than two consecutive five-year terms, unless completing the term of a vacancy on the Zoning Board of Appeals occurring other than by expiration of a term. After completion of up to two consecutive five-year terms, as may be extended by any service in filling an unexpired vacancy, there must be an absence of service as a member of the Zoning Board of Appeals for at least five years subsequent to any service as a member of the Zoning Board of Appeals before that member is again eligible for reappointment and service as a member of the Zoning Board of Appeals.
[Amended 7-28-2022 by L.L. No. 7-2022]
B.
Procedure. The Board of Appeals, consistent with the provisions of the Village Law applicable thereto, shall determine its own rules of conduct and procedure.
C.
Powers.
(1)
Issuance of permits. The Board of Appeals shall hear and decide any matter where an appellant alleges that the Code Enforcement Officer was in error in refusing to issue or in issuing a building permit or certificate of occupancy as a result of misinterpreting the meaning, intent or application of any section or part of this chapter.
(2)
Boundary lines. The Board of Appeals shall hear and decide any matter wherein an appellant alleges that the Code Enforcement Officer was in error in his determination as to the exact location of a district boundary line on the Zoning Map that forms a part of this chapter.
(3)
Review of rulings. The Board of Appeals shall hear and decide any matter relating to this chapter where an appellant seeks a review of any decision, order or ruling made by the Code Enforcement Officer.
(4)
Appeals by Code Enforcement Officer. The Board of Appeals shall hear and decide any matter which the Code Enforcement Officer appeals on grounds of doubt as to the meaning or intent of any provisions of this chapter or as to the location of a district boundary line on the Zoning Map.
(5)
Variances on appeal. The Zoning Board of Appeals shall have the power, upon appeal from a decision or determination of the administrative official charged with the enforcement of the Woodbury Zoning Law, to grant use and area variances. A use variance shall not be granted by the Board of Appeals without a showing by the applicant that the Woodbury Zoning Law has caused unnecessary hardship. Where the application is for an area variance, 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 granting variances, the Board of Appeals shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proven by the applicant for a use variance or that it shall deem necessary and adequate for an area variance and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
(6)
Additional power; special permits.
(a)
When, in the judgment of the Board of Appeals, the public convenience, safety and welfare will be substantially served and the appropriate use of neighboring property will not be injured thereby, said Board may, in specific cases, as noted in this chapter and after public notice and hearing and subject to appropriate conditions and safeguards, issue a special permit.
(b)
The Board of Appeals is authorized to require as a condition to the issuance of a special permit that such special permit be renewed periodically after a public hearing. However, the Board of Appeals may waive such requirement where the circumstances do not require renewal.
(c)
All actual special permits issued by the Zoning Board of Appeals as of the date of adoption of this chapter, which permits are subject to periodic renewal, shall remain within the jurisdiction of said Board.
(7)
The Board of Appeals is authorized to waive all of the bulk requirements pertaining in an HB District, including lot area, width, setbacks and parking, without the required finding of practical difficulty or unnecessary hardship where, in its opinion, the public health, safety and welfare will be substantially served and the appropriate use of neighboring property will not be injured.
D.
Fee. Every application to the Board of Appeals shall be accompanied by the payment of a fee in accordance with the fee schedule established by the Village Board.
E.
Compensation. The members of the Planning Board shall receive such compensation as the Village Board of Trustees shall determine by resolution.
§ 310-50 Abandoned applications.
[Added 3-23-2023 by L.L. No. 5-2023[1]]
An application pending before the Planning Board, Zoning Board of Appeals or Architectural Review Board shall be deemed abandoned and withdrawn by the applicant, and shall be discontinued by the applicable Board, after a lapse of 12 months without reasonable steps having been taken by the applicant to advance the application, brought to the attention of the Planning Board, Zoning Board of Appeals or Architectural Review Board by way of a status report or other similar action. After a lapse of 11 months, and prior to the application being discontinued by the Planning Board, Zoning Board of Appeals or Architectural Review Board, the respective Board shall advise the applicant in writing that the project will be discontinued within 30 days. The applicable Board may, within 60 days thereafter, entertain a request for reinstatement of the abandoned application based on good cause shown. Upon the discontinuance of an abandoned application, the applicant shall be entitled to receive a refund of any unexpended sums held on deposit by the Village in connection with the application, and shall be responsible for reimbursement to the Village of any reimbursable costs attributable to the application which the deposit was insufficient to satisfy.
[1]
Editor's Note: This ordinance also renumbered former §§ 310-50 through 310-53 as §§ 310-51 through 310-54, respectively.
§ 310-51 Penalties for offenses.
A.
The owner or general agent of a building or premises where a violation of any provision of this chapter has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor or any other person who commits, takes part or assists in any such violation or who maintains any building or premises or any part thereof in which any violation exists may be prosecuted pursuant to Village Law §§ 7-714 and 20-2006.
B.
Each week's violation after notice thereof shall have been given as herein provided shall constitute a separate violation. Such notice shall be in writing, signed by the Code Enforcement Officer, and shall be served upon the person or persons committing such violation, either personally or by both certified and regular first-class mail addressed to such person or persons at his or their last known address.
C.
The Village authorities shall have such other remedies as are provided by law to restrain, correct or abate any violation of this chapter.