A.
The duty of administering and enforcing the provisions
of this chapter is hereby conferred upon a Zoning Officer and Zoning
Enforcement Officer, who shall have such powers as are conferred upon
them by this chapter and as reasonably may be implied. They shall
be appointed by the Board of Trustees. The Village Code Enforcement
Officer may be appointed either Zoning Officer or Zoning Enforcement
Officer.
B.
In no case shall a permit be granted for the construction
of or alteration of any building where the proposed construction,
alteration or use thereof would be in violation of any provision of
this chapter. It shall be the duty of the Zoning Officer to cause
any building, plans or premises to be inspected or examined and to
order, in writing, the remedying of any conditions found to exist
in violation of this chapter. The Zoning Officer and Zoning Enforcement
Officer each shall have the right to enter any building or premises
during the daytime in the course of his duties. The Zoning Officer
and Zoning Enforcement Officer each are empowered to issue appearance
tickets with respect to violations of this chapter.
A.
Types of permits.
(1)
Zoning permits. Zoning permits may hereafter be secured
from the Zoning Officer prior to the issuance of a building permit
for the construction, erection or alteration of any structure or part
of a structure or upon a change in the use of land or a structure.
(2)
Special use permits. Applications for any special use permit as provided in § 550-52 of this chapter shall be made to the Board of Appeals through the Zoning Officer. The following procedures shall apply:
(a)
The Board of Appeals shall refer the matter
to the Planning Board for report thereon as to its effect on the planning
and development of the Village; after receipt of such report, the
Board of Appeals shall hear the application in the same manner and
under the same procedures as it is empowered by law and local law
to hear cases and make exceptions to the provisions of this chapter.
The Board of Appeals may thereafter direct the Zoning Officer and/or
Code Enforcement Officer to issue zoning and building permits if,
in its judgment, any one of such cases will not be detrimental to
the health, safety and general welfare of the Village of Fairport
and is deemed necessary for its convenience.
(3)
Temporary use permits. Recognizing that it may be
in accordance with the purpose of this chapter to permit temporary
activities for a limited period of time, which activities may not
be permitted by other provisions of this chapter, the Board of Appeals
is hereby empowered to grant temporary use permits under the same
regulations and procedures for the issuance of special use permits
as specified elsewhere in this chapter. The Board shall determine
that such uses are of such a nature and are so located that at the
time of petition they will in no way exert a detrimental effect upon
the uses of land and the activities normally permitted in the zone
but rather contribute materially to the general welfare of the Village
of Fairport, particularly in a state of emergency, under conditions
peculiar to the time and place involved. Upon such determination,
the Board of Appeals shall direct the Code Enforcement Officer to
issue a building permit for a period not to exceed one year; such
period may be extended not more than once for an additional period
of one year.
[Amended 11-10-1997 by L.L. No. 4-1997]
(4)
Building permits. No building or structure shall be
erected, added to or structurally altered until a permit therefor
has been issued by the Code Enforcement Officer. All applications
for such permits shall be in accordance with the requirements of the
Building Construction Code and the Fire Prevention and Building Code.
B.
Certificates of occupancy. Certificates of occupancy
shall be issued by the Zoning Officer, subject to the approval of
the Code Enforcement Officer.
(1)
No building erected after the day of adoption hereof
shall be occupied or used, in whole or in part, until a certificate
of occupancy shall have been issued therefor, certifying that the
building conforms substantially to any permits and to the requirements
of the Fire Prevention Code, the Housing Standards Code, the Building
Construction Code, this chapter and all other laws, ordinances and
regulations applying to buildings of its class and kind.
(2)
No building hereafter enlarged or extended or so altered, in whole or in part, as to change its classification under any law, code, local law or regulation enumerated in Subsection B(1) hereof shall be occupied or used, in whole or in part, until a certificate of occupancy shall have been issued. No building hereafter altered for which a certificate of occupancy has not heretofore been issued shall be occupied or used, in whole or in part, until a certificate of compliance shall have been issued.
[Amended 11-10-1997 by L.L. No. 4-1997]
(3)
No change of occupancy or use shall be made in a building
hereafter erected or altered or in any part thereof that is not consistent
with the last issued certificate of occupancy for such building unless
a new certificate of occupancy is issued therefor.
(4)
In the case of an existing building, no change of occupancy or use that would bring it or any part thereof under a different or additional classification under any law, code, local law or regulation enumerated in Subsection B(1) hereof shall be made unless it is found by the Zoning Officer and Code Enforcement Officer to comply therewith, and the building shall not be occupied until a new certificate of occupancy is issued therefor.
(5)
The service of notice upon the owner or occupant of
land or buildings that said premises are in violation of a provision
of the Fire Prevention Code, the Housing Standards Code, the Building
Construction Code or this chapter shall cause the certificate of occupancy
for said premises to become void. An appeal from such notice shall
lie to the Zoning Board of Appeals pursuant to § 7-712-a
of the Village Law. If no appeal is taken within 60 days of the date
of service of said notice, said determination shall become final.[1]
(6)
No two-family dwelling, mixed-occupancy dwelling containing
one or more families, parcel of land where there are two or more dwellings
on the same parcel or multiple dwelling shall be occupied or used,
in whole or in part, if the title thereof has been transferred to
a new owner subsequent to the date of adoption hereof until a certificate
of occupancy or conditional certificate of occupancy shall have been
issued. A regular certificate of occupancy issued for the purposes
of this subsection shall be good for 90 days from the date of issuance.
(a)
When waived.
[1]
The Zoning Officer shall waive the requirement
for a certificate of occupancy when title is transferred:
[a]
By an executor or administrator
in the administration or settlement of an estate, when conveyed to
the beneficiaries of the estate.
[b]
In lieu of foreclosure.
[c]
To or by an assignee for benefit
of creditors.
[d]
To a municipality as a result of
tax foreclosure.
[e]
Between husband and wife.
[f]
To a person who had immediate,
previous legal ownership, in whole or in part.
[g]
Pursuant to the formation, reorganization
or dissolution of a partnership or corporation.
[h]
By a corporation to its shareholders.
[i]
To the United States Department
of Housing and Urban Development or to the Administrator of Urban
Affairs.
[2]
The Zoning Officer shall issue or deny the waiver
within five business days of receipt of a written request.
(b)
Conditional certificate of occupancy. The Zoning
Officer, in his or her discretion, may issue a conditional certificate
of occupancy within 90 days prior to the transfer of title to a new
owner when occupancy or use of the building will not jeopardize life
or property, and:
[1]
The subject dwelling is near substantial compliance
with this section and all other applicable laws, ordinances and rules;
[2]
The work required to bring the dwelling into
full compliance is not essential to making the building habitable;
[3]
The dwelling complies with this chapter; and
[4]
The owner of record or contract vendee or lessee
has agreed with Zoning Officer on a schedule of rehabilitation or
demolition.
(c)
Contents of conditional certificate of occupancy. A conditional certificate of occupancy shall state that the subject dwelling complies with the requirements of Subsection A(2) herein and shall specify the purposes for which the building may be used in its several parts. It shall also specify the date by which the owner of record must obtain the certificate of occupancy and warn that failure to obtain the certificate of occupancy by that date shall be sufficient cause for revoking the conditional certificate of occupancy without further notice to the owners and other interested parties. Time limitations set forth in conditional certificates of occupancy shall constitute amendments to time limitations imposed by prior notices and orders by the Zoning Officer.
(d)
Issuance and filing.
[1]
A certificate of occupancy shall be issued by
the Zoning Officer within 10 days after an inspection by the Code
Enforcement Officer reveals that a subject dwelling is in substantial
compliance with applicable laws, ordinances or rules.
[2]
A record of all certificates of occupancy and
conditional certificates of occupancy and their status shall be kept
in the office of the Zoning Officer; and copies shall be furnished,
upon request, to the public.
(7)
A certificate of occupancy or conditional certificate
of occupancy is not valid until the fee therefor is paid to the Village.
(8)
No certificate of occupancy shall be issued for a
two-family dwelling, a mixed-occupancy dwelling containing one or
more families, a parcel of land where there are two or more dwellings
on the same parcel or a multiple dwelling unless the appropriate number
of suitably paved and marked off-street parking spaces exists on the
lot.
[Added 11-10-1997 by L.L. No. 4-1997]
It shall be the duty of the Zoning Officer to
keep a record of all applications for zoning permits, a record of
all permits issued and a record of all certificates of occupancy which
he issues, together with a notation of all special conditions involved.
He shall file and safely keep copies of all plans submitted, and the
same shall form a part of the records of his office and shall be available
for the use of the officials of the Village of Fairport. The Zoning
Officer shall prepare a monthly report for the Board of Trustees summarizing,
for the period since his last report, all zoning permits and certificates
countersigned by him and all complaints of violations and the action
taken by him consequent thereon. A copy of each such report shall
be filed with the Village Tax Assessor at the same time it is filed
with the Board of Trustees.
[Amended 4-16-2020 by L.L. No. 4-2020]
The Board of Trustees shall designate the official authorized to issue permits pursuant to this chapter. Additionally, the Board of Trustees shall fix the fees for the issuance of permits and for applications the subject of this Chapter pursuant to Chapter 240, Fees. Such fees shall be in addition to the requirement for reimbursement of consultant fees, pursuant to Chapter 241, Reimbursement of Consultant Fees.[1]
[1]
Editor's Note: The fee schedule is on file in the office of
the Village Clerk.
