Except as otherwise specifically provided by
law, ordinance or regulation, the enforcement officer shall:
A. Administer and enforce all of the provisions of this
chapter.
B. Receive applications and issue permits for the erection,
alteration, removal and demolition of buildings or structures or parts
thereof.
C. Issue all appropriate notices or orders to remove
illegal or unauthorized construction or to cease and desist any illegal
or unauthorized uses.
D. Examine the premises for which applications have been
received or permits have been issued for the purpose of ensuring compliance
with the provisions of this chapter.
E. Maintain permanent official records of all transactions
and activities concerning the enforcement of this chapter, including
all applications received, permits or certificates issued, fees charged
and collected, inspection reports and notices and orders issued.
F. Submit to the City Council a written annual report
and summary of all business conducted by his office.
[Amended 3-3-1993 by Ord. No. 293; 6-5-1995 by Ord. No.
8-95]
A. In each case where a business or industry expands
an existing use; or when a business or industry plans on developing
a new facility; when a dwelling is built on a lot where none previously
existed; when a residential use expands beyond a one- or two-family
dwelling to a multiple dwelling as defined by the Multiple Residence
Law of the State of New York; or when a multiple dwelling expands
to add one or more dwelling units, in any zoning district within the
City of Geneva, the enforcement officer shall refer the site plan
for such proposal to the Planning Board for review before issuing
a building permit. Site plan review of such residential uses shall
not be required in the case of wholly internal expansions or conversions
not involving any expansion of the building footprint and not involving
any exterior site changes, proposed or required, including but not
limited to grading, drainage improvements and traffic circulation.
[Amended 10-4-2000 by Ord. No. 6-2000]
B. As used in Subsection
A above, the following terms shall have the meanings indicated:
BUSINESS or INDUSTRY
Any occupancy or use classified as a C1, C2, C3, C4, C5,
C6 or C7 occupancy under the provisions of the New York State Uniform
Fire Prevention and Building Code.
EXPANSION OF USE
Any change in any occupancy or use which results in an addition
to the building footprint or an increase in the total interior square
footage or in an increase in the total number of occupancies or uses
contained within the building or structure.
C. The Planning Board shall either approve, approve with
modifications or disapprove such site plan, stating the reasons therefor
in writing in its records, and shall send a written notice of its
decision to the enforcement officer who shall then act accordingly,
either issuing a building permit, postponing issuance of a building
permit pending compliance with the decision of the Planning Board,
or denying such permit. If the enforcement officer does not receive
any written communication from the Planning Board on the application
within 45 days after such case is presented to the Planning Board,
he or she shall assume that the site plan meets with its approval.
D. A fee shall be paid by the applicant at the time of
submission of any site plan application to cover the cost of the Planning
Board's review of the application, such fee to be in addition to the
regular fee for the issuance of a building permit. The fee shall be
$100 for Planning Board review involving alterations or additions
to existing structures. The fee shall be $150 for Planning Board review
involving new construction. All fees shall be due and payable at the
time the application is made. In the event that applications for approval
of a subdivision and site plan review are made at the same time, the
greater of the two fees shall be charged, and the lesser fee shall
be waived. In the event that application is also made for architectural
review at the same time, no additional tee shall be charged.
[Amended 6-19-2002 by Ord. No. 7-2002]
E. All of the materials listed below must be submitted
to the Planning Board in advance of the meeting at which the applicant
desires the Planning Board to review the submission. The exact deadline
for submission shall be determined by the enforcement officer.
F. A complete site plan application for any building,
structure or use shall include copies of a site plan prepared by competent
professionals duly licensed to prepare such drawings. The drawings
shall be submitted in all cases where a change of use or expansion
of an existing use is proposed. Drawings shall be to a scale of one
inch equals 10 feet or one inch equals 20 feet. The site plan shall
display the following information:
(1) Property lines and related street right-of-way and
easement lines as determined by survey.
(2) Location of existing and/or proposed buildings and
structures with all required setbacks.
(3) Layout of existing and/or proposed off-street parking
areas, showing the details of aisles, driveways and each parking space.
(4) Existing topography of the site and adjacent properties
as revealed by contours or key elevations.
(5) Proposed final grades, including detailed information
relative to methods to be used during and after construction to retain,
stabilize and/or refurbish regraded areas, e.g., sod, retaining walls,
etc.
(6) Existing and proposed stormwater drainage facilities,
sidewalks, curbs and curb cuts and similar structures.
(7) Existing and proposed landscaping and fences.
(8) Existing and proposed outdoor lighting structures,
sign locations, telephones and electric utility poles.
(9) Names of current property owners as well as those
of contract vendees and names of owners and establishments on adjoining
properties.
(10)
Type, size and locations of all dumpsters, waste
compactors and other outdoor mechanical equipment, including screening
of them.
G. Copies of building elevations, drawn at a scale of
1/8 inch equals one foot or 1/4 inch equals one foot, and descriptions
of exterior building materials shall be provided as outlined below:
(1) Front, side and rear elevations.
(2) Front and side elevations of signage, with dimensions
and proposed lighting.
(3) Elevations showing the proposed buildings in relation
to adjacent buildings.
(4) A summary of proposed exterior building materials.
H. The following requirements of Subsections
F and
G above are hereby waived, only for applications for approval of the expansion of a residential use:
(1) The information required by Subsection
F(4), regarding existing topography, F(5), regarding proposed final grades, F(6), regarding stormwater drainage facilities and sidewalks and curbs, and F(8), regarding outdoor lighting and sign and utility pole locations, is hereby waived unless additions or modifications to existing facilities are proposed.
(2) The information required by Subsection
G, regarding a description of the exterior building elevations, is hereby waived unless additions or exterior modifications to the existing building or buildings are proposed.
I. After Planning Board approval, a proposed change or
revision either to the site or to the exterior of any structure on
it shall be resubmitted for further review.
[Added 3-2-1988 by Ord. No. 88-2; amended 6-5-1995 by Ord. No.
7-95]
A. Legislative findings; purpose. The City Council hereby
finds that inappropriate or poor quality design in the exterior appearance
of buildings or land development adversely affects the desirability
of the immediate area and neighboring areas, impairs the stability
and value of both improved and unimproved real property, retards the
most appropriate development, and creates an improper relationship
between the taxable value of real property in such areas and the cost
of municipal services provided therefor. It is the purpose of this
section to prevent these and other harmful effects of such exterior
appearance of buildings and development and thus to promote and protect
the health, safety, morals and general welfare of the community.
B. The Planning Board of the City of Geneva (hereinafter
referred to as the "Board") is hereby authorized to act as the Architectural
Review Committee of the City of Geneva.
C. The Planning Board shall review all applications for
building permits and/or site plans in the following categories:
(1) All applications for the construction, reconstruction
or exterior alteration of any commercial, industrial or multiple-dwelling
building or structure.
(2) Applications for new residential structures and/or
subdivisions filed with the Planning Board.
(3) Plans for exterior alterations or additions to residential,
commercial or industrial structures or facilities requiring a building
permit, for which the cost is estimated to be in excess of $5,000.
(4) All site development applications submitted to the
Planning Board.
(5) Petitions for special permit uses, when architectural
review advice on such a petition is requested by the Zoning Board
of Appeals.
(6) Any building permit applications or proposals which in the opinion of the enforcement officer violate the spirit and intent of Subsection
A. In the event that such a referral is made, the enforcement officer shall issue a specific written finding as to why he or she believes this to be the case.
D. Applications must be accompanied by plans showing
all elevations of new structures, as well as any affected elevations
in the case of new additions or alterations. When required by the
enforcement officer or by the Board, a site plan shall be submitted
showing both existing and proposed contours at five-foot intervals,
all existing trees with a trunk diameter of four inches or more at
a height six feet above ground level, and whether such trees shall
remain or be removed, and/or other topographical features.
E. Procedures.
(1) Approval of any application referred to the Board
shall be by a vote of at least a majority of the members.
(2) In considering an application, the Board shall take
into account natural features of the site and surroundings, the exterior
design and appearance of existing structures, and the character of
the district and its particular suitability for particular purposes,
with a view to conserving the values of property and encouraging the
most appropriate use of the land.
(3) The Board may approve any application referred to
it upon finding, in writing, that the building or structure for which
the permit was requested, if erected or altered in accordance with
the submitted plan, would be in harmony with the purpose of this section,
would not be visually offensive or inappropriate by reason of poor
quality of exterior design, excessive similarity or striking dissimilarity
in relation to the site or its surroundings, would not mar the appearance
of the area, would not be detrimental to the character of the neighborhood,
would not prevent the most appropriate development and utilization
of the site or of the adjacent lands and would not adversely affect
the functioning, economic stability, prosperity, health, safety and
general welfare of the entire community.
(4) In approving any application, the Board may impose appropriate conditions and safeguards designed to prevent the harmful effects set forth in Subsection
E(3).
(5) The Board may disapprove any application, provided that the Board has afforded the applicant an opportunity to confer upon suggestions for change of the plan, and provided that the Board finds and states, in writing, that the structure for which the permit was requested would, if erected as indicated, provoke one or more of the harmful effects set forth in Subsection
E(3).
F. Standards. The Board shall apply the following standards
in the course of its review:
(1) Architectural style is not restricted. Evaluation
of the appearance of a project shall be based on the quality of its
design and relationship to its surroundings.
(2) The height, width, and general proportions of a building
should conform generally to other buildings in the district. Ratio
of wall surface to openings, and the ratio of width and height of
windows and doors, should also be consistent with the district. The
scale and massing of a structure shall be a primary consideration.
(3) Materials shall have good architectural character
and shall be selected for harmony of the building with the adjoining
buildings. Materials shall be selected for suitability to the type
of building and the design in which they are used. Buildings shall
have the same materials, or those that are architecturally harmonious,
used for all building walls and other exterior building elements wholly
or partly visible from public ways. Materials shall be of a durable
quality. In any design in which the structural frame is exposed to
view, the structural materials shall be compatible within the design
and harmonious with their surroundings.
(4) Building components, such as windows, doors, eaves
and parapets, shall have good proportions and relationships to one
another.
(5) Colors shall be harmonious and shall use only compatible
accents.
(6) Mechanical equipment or other utility hardware on
the roof, ground or buildings shall be screened from public view with
materials harmonious with the building, or they shall be located so
as not to be visible from any public ways.
(7) Exterior lighting shall be considered as part of the
architectural concept. Fixtures, standards and all exposed accessories
shall be harmonious with the building design.
(8) Refuse and waste removal areas, service yards, storage
yards and exterior work areas shall be screened from view from public
ways, using materials harmonious with the building.
(9) Monotony of design in single- or multiple-building
projects shall be avoided. Variation of detail, form and siting shall
be used to provide visual interest. In multiple-building projects,
variable siting of individual buildings may be used to prevent a monotonous
appearance.
(10)
Signs. Every sign shall have good scale and
proportion in its design and in its visual relationship to buildings
and the surroundings. Every sign shall be designed as an integral
architectural element of the building and site to which it principally
relates.
(11)
The pattern of placement, proportions and materials
of windows and doors shall be considered. Metal or plastic frame windows
are generally unacceptable unless they are anodized or painted. Shutters
should be sized to match windows.
(12)
The use of natural materials is to be favored.
Imitation or synthetic materials, such as aluminum or vinyl siding,
imitation brick or stone, or plastic, will generally be deemed inappropriate.
Wood or asphalt shingles are appropriate. Roll roofing, built-up tar
and gravel, plastic or fiberglass roofing materials are not appropriate,
unless utilized on flat roofs that are not visible from public ways.
(13)
Where fences are to be used, they are to be
of wood, stone, iron or plant materials. Chain link or similar metal
fences, concrete block, plastic, fiberglass or plywood fences will
generally be deemed inappropriate.
(14)
Exposed foundation walls should be of stone-faced
or exposed aggregate concrete and should be as inconspicuous as possible.
(15)
Utility lines should be underground whenever
possible, and entry fixtures should be located away from high-use
areas and main entrances or screened in an approved manner. All lighting
should be appropriate to the building and its surroundings in terms
of style, scale and intensity of illumination.
[Amended effective 2-6-1974 by Ord. No. 74-3]
Work authorized by a building permit must be
started within six months after the date of the permit and completed
within 12 months of the effective date of the permit. If work is not
commenced within six months of the effective date, the permit shall
be considered void. If work is not completed within 12 months of the
effective date of the building permit, the enforcement officer may
allow one six-month extension.
[Amended 2-6-1974 by Ord. No. 74-3; 5-3-1989 by Ord. No.
89-11; 8-5-1992 by Ord. No. 92-11; 6-19-2002 by Ord. No. 7-2002]
A. Charges for building permits.
(1) Residential construction (one- and two-family dwellings).
(a)
The charges for building permits will be based
on a per-square-foot rate of $0.12 per square foot of building area,
with a minimum charge of $50 except as otherwise provided herein.
(b)
A flat fee of $40 shall be charged for permits
for minor residential work, such as storage sheds of no more than
150 square feet, decks or porches of no more than 150 square feet,
electrical or plumbing work in a single room, fences, signs permitted
in residential zoning districts without variances, and demolition
permits.
(2) Nonresidential construction (multiple dwellings and
all nonresidential or commercial construction).
(a)
The charges for building permits will be based
on a per-square-foot rate of $0.15 per square foot of work area or
complete building area where the building or a portion thereof is
classified as a change of use under the Uniform Code, with a minimum
charge of $100, except as otherwise provided herein.
[Amended 9-3-2008 by Ord. No. 6-2008]
(b)
A flat fee of $50 shall be charged for permits
for minor nonresidential work, such as storage sheds of no more than
150 square feet, electrical or plumbing work in a single room, fences,
signs that do not require an application to the Zoning Board of Appeals,
and demolition permits.
(c)
Where the square footage cannot be readily determined
or is not applicable, the charge shall be based on $1 per $1,000 cost
of work, but the minimum charge shall be $100. The applicant shall
provide written documentation of the cost, including all labor and
materials, with the application.
(d)
An additional surcharge of $1 per $1,000 cost
of work shall be charged for projects or buildings for which the cost
of work is more than $500,000. The applicant shall provide written
documentation of the cost, including all labor and materials, with
the application.
[Amended 9-3-2008 by Ord. No. 6-2008]
(3) All fees shall be due and payable at the time the
application for the building permit is made. In the event that construction
does not proceed, fees are nonrefundable.
(4) If a building permit is extended as provided for in §
350-47, the fee for the six-month extension shall be 1/2 of the original fee. If work cannot be completed in a total of 18 months as provided in §
350-47, the applicant shall be required to obtain anew building permit and pay the full fee as described above.
(5) There shall be no additional charge for any inspections,
unless requested the applicant outside of the usual working hours
(8:30 a.m. to 4:30 p.m., Monday through Friday). In such cases the
applicant shall reimburse the City for the full cost of any overtime
pay, immediately upon receipt of an itemized statement detailing same.
Said reimbursement shall be made on a monthly basis and in any case
shall be paid in full before the issuance of any certificate of occupancy.
(6) There shall be no additional fee for a certificate
of occupancy when said certificate of occupancy has been issued to
document the proper completion of work for which a building permit
has been obtained.
B. Penalties for failure to obtain building permit.
(1) Whenever the enforcement officer has reasonable grounds
to believe that work on any building or structure is being performed
without a required building permit, he shall notify the owner of the
property, or the owner's agent, or the person performing the work,
to suspend all work, and any such person shall stop such work and
suspend all building activities until submission of the proper application
to obtain a building permit.
(2) Unless good cause is shown, the enforcement officer
shall thereafter be authorized to:
(a)
Double fees as set forth in Subsection
A of this section, with a minimum of $250 and a maximum of $1,000 for the following projects:
[3]
Adding new apartments to existing buildings.
[5]
Renovations, for change of use.
(b)
Double fees as set forth in Subsection
A of this section for the following projects, with a minimum of $100 and a maximum of $250:
[7]
Basketball, tennis courts.
[8]
Renovations, no change of use.
(c)
The above penalties shall be in addition to
any building permit applicable as provided above, and shall be paid
before any permits issued.
The enforcement officer may revoke a building
permit theretofore issued and approved in the following instances:
A. Where he finds that there has been any false statement
or misrepresentation as to a material fact in the application, plans
or specifications on which the building permit was based.
B. Where he finds that the building permit was issued
in error and should not have been issued in accordance with the applicable
law or ordinance.
C. Where he finds that the work performed under the permit
is not being prosecuted in accordance with the provisions of the application,
plans or specifications.
D. Where the person to whom the building permit has been
issued fails or refuses to comply with a stop order issued by the
enforcement officer.