Village of Rye Brook, NY Article V Administration and Enforcement

§ 250-8 Enforcement.

A. No board, agency, officer or employee of the Village shall issue, grant or approve any permit, license, certificate or other authorization, including special permits by the Planning Board and adjustments by the Board of Appeals, for any construction, reconstruction, alteration, enlargement or moving of any building or for any use of land or building that would not be in full compliance with the provisions of this chapter. Any such permit, license, certificate or other authorization issued, granted or approved in violation of the provisions of this chapter shall be null and void and of no effect, without the necessity of any proceedings or revocation or nullification thereof, and any work undertaken or use established pursuant to any permit, license, certificate or authorization shall be unlawful and no action shall be taken by any board, agency, officer or employee of the Village purporting to validate any such violation.

B. This chapter shall be enforced by the Building Inspector in accordance with the administrative provisions of the Building Code[1] and of this chapter.

[1] Editor's Note: See Ch. 91, Building Construction and Fire Prevention.

C. In the event of a controversy arising from a complaint that an industrial use is not in compliance with the standards and conditions applying to a special permit issued for such use, the Village Board may require the occupant of the property to submit evidence, including technical tests where necessary, that the use is in full compliance with said standards and conditions.

§ 250-9 Building permits and licenses.

A. No building or structure shall be erected, enlarged, structurally altered or moved until a permit therefor has been issued by the Building Inspector. Except upon a written authorization of the Board of Appeals, no such building permit or certificate of occupancy shall be issued for any building where said construction, addition, alteration, moving or use thereof would be in violation of any of the provisions of this chapter. All construction shall be performed in accordance with all approved plans and land use approvals, any approved amendments thereto and field changes authorized and approved by the Building Inspector, Superintendent of Public Works/Village Engineer, or their designee.

[Amended 11-29-2018 by L.L. No. 1-2019; 10-27-2020 by L.L. No. 9-2020]

B. There shall be submitted with all applications for building permits two copies of a layout or plat plan drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the exact size and location on the lot of the building and accessory buildings existing and the lines within which the building or structure is to be erected or altered, the existing and intended use of each building or part of a building, the number of families or housekeeping units that the building is designed to accommodate and such other information with regard to the lot and neighboring lots that may be necessary to determine and provide for the enforcement of this chapter. One copy of such plan shall be returned to the owner when such plans shall have been approved by the Building Inspector. Upon approval of the plans and issuance of the building permit by the Building Inspector, the approved documents and plans and any approved amendments thereto shall represent the full scope of work to be performed pursuant to the corresponding building permit. All dimensions shown on this plan relating to the location and size of the lot to be built upon shall be based on an actual survey, and the lot shall be staked out on the ground before construction is started.

[Amended 11-23-2010 by L.L. No. 13-2010]

(1) The Building Inspector may revoke a permit heretofore issued in the following instances:

(a) Where the Building Inspector finds that there has been any false statement or misrepresentation as to a material fact in the application, approved plans or specifications on which the building permit was based.

(b) Where the Building Inspector finds that the permit was issued in error and should not have been issued in accordance with the applicable law.

(c) Where the Building Inspector finds that work performed under the permit is not being carried out in accordance with the provisions of the application, permit, approved plans or specifications.

(d) Where the person to whom a permit has been issued fails or refuses to comply with a stop-work order issued by the Building Inspector.

(2) Failure to adhere to the limits and specifications contained within the approved documents and on the approved plans without prior authorization from the Building Inspector, his/her designee or other authorized approval authority shall be considered a violation of this chapter.

C. The owner shall notify the Building Inspector upon completion of the foundation walls in the case of poured concrete, the first course of the foundation walls in the case of concrete masonry units (CMU), or the pier foundation as the substructure for the construction of a new building or any structure, as deemed appropriate by the Building Inspector, and prior to any further on-site construction, setting of modular structures or framing onto the foundation as constructed. If required by the Building Inspector, the owner shall submit to the Building Inspector for review and approval a certified as-built foundation survey, sealed/stamped by an engineer or surveyor licensed in the State of New York, indicating the dimensioned location of the proposed foundation as in relation to the lot lines of the property and to the boundaries of any recorded easements.

[Added 11-23-2010 by L.L. No. 13-2010]

D. The Building Inspector shall make a final inspection upon completion of construction of a building or exterior structure and prior to the issuance of a certificate of occupancy. A final survey prepared by a New York State licensed surveyor is required prior to the final inspection and prior to the issuance of a certificate of occupancy, unless, in the opinion of the Building Inspector, such construction work is of a minor nature and will not encroach upon any required setback or recorded easement. The final survey is to include, but is not limited to all improvements, setbacks, and topographic information to indicate compliance with approved plans.

[Added 11-23-2010 by L.L. No. 13-2010]

§ 250-10 Certificate of occupancy.

A. Requirements. A certificate of occupancy or certificate of compliance shall be required for any work which is the subject of a building permit and for all structures, buildings, or portions thereof, which are converted from one use or occupancy classification or subclassification to another. Permission to use or occupy a building or structure, or portion thereof, for which a building permit was previously issued shall be granted only by issuance of a certificate of occupancy or certificate of compliance. The Building Inspector, or his or her designee, is authorized to issue certificates of occupancy and certificates of compliance pursuant to § 91-9.

[Amended 12-13-2022 by L.L. No. 7-2022]

B. Temporary Certificate of Occupancy.

[Amended 1-26-2010 by L.L. No. 1-2010; 12-13-2022 by L.L. No. 7-2022]

(1) Under such rules and regulations as shall be established by the Village Board of Trustees, a temporary Certificate of Occupancy for occupation of a building, in part or in whole, may be issued.

(2) The Building Inspector shall have the authority, in his or her discretion, to issue a Temporary Certificate of Occupancy (TCO) allowing the temporary occupancy of a building or structure, or portion thereof, prior to completion of the work which is the subject of a building permit.

(3) TCOs may be issued in exceptional circumstances, at the discretion of the Building Inspector, if the following conditions are met:

(a) All required means of egress from the structure have been provided.

(b) Level of construction. Prior to the issuance of the TCO, the following requirements must be met:

[1] The premises must have hot and cold running water and the intended cooking facilities must be operational.

[2] The intended source of heat and conditioned air must be fully operational.

[3] At least one bathroom (water closet, sink and shower or bathtub) must be inspected, approved and fully operational.

[4] All electrical, mechanical, natural and/or liquid propane gas inspections must be completed and approved.

[5] All required fire and life-safety systems must be in place, inspected, tested and fully operational.

(c) Safety. The building and property must be safe for public and/or private occupancy as determined by the Building Inspector.

(4) No TCO may be issued by the Building Inspector for any property for a time period of more than 30 days. Upon written request, an applicant may renew a residential TCO for no more than two additional times for a period of 30 days each. Any applicant that applies for a TCO beyond such extended period must receive such approval from the Village Board of Trustees.

(5) Any fees must be paid in accordance with the License and Fee Schedule on file in the Village Clerk's office prior to the issuance of the TCO.

C. Nonconforming uses. No nonconforming use shall be maintained, renewed, changed or extended without a certificate of occupancy having first been issued by the Building Inspector therefor.

D. Occupancy.

(1) A certificate of occupancy shall be deemed to authorize and is required for both initial and continued occupancy and use of the building or land to which it applies and shall continue in effect as long as such building and the use thereof or of such land is in full conformity with the provisions of this chapter and any requirements made pursuant thereto.

(2) On the serving of notice of any violation of any of said provisions or requirements in respect to any building or the use thereof or of land, the certificate of occupancy for such use shall thereupon become null and void and a new certificate of occupancy shall be required for any further use of such building or land.

E. Fees. Upon written request from the owner, the Building Inspector shall issue a certificate of occupancy for any building or premises existing at the time of the enactment of this chapter, certifying, after inspection, conformity with the provisions of this chapter and by payment to the Village of the requisite fee, as set forth in the License and Permit Fee Schedule on file in the Village Clerk's office.

[Amended 8-23-2003 by L.L. No. 11-2003]

§ 250-11 Pending applications for building permits.

All permits issued prior to the enactment of this chapter for buildings or structures which are contrary to the provisions of this chapter shall be null and void unless substantial work has been done toward the completion of said building or structure. If any of the above requirements shall not have been fulfilled within one year, as stated in Article IV, § 250-6F(6), or if building operations are discontinued for a period of six months, any other construction shall be in conformity with the provisions of this chapter.

§ 250-12 Penalties for offenses.

A. Any owner, lessee, tenant, occupant, engineer, architect or builder, or the agent of any of them, who violates or is accessory to the violation of any provisions of this chapter or who fails to comply with any of the requirements thereof or who erects, constructs, alters, enlarges, converts, moves or uses any building or structure, or land in violation of any detailed statement or plans submitted by him and approved under the provisions of this chapter shall be guilty of a misdemeanor and shall be liable to a fine which shall not exceed $5,000, to be recovered with costs, or to imprisonment not exceeding six months, or to both such fine and imprisonment. Each week's, or part thereof, continued violation shall constitute a separate offense. Violations shall be prosecuted and penalties collected in the manner prescribed by law or ordinance effective in the Village of Rye Brook.

[Amended 12-14-2004 by L.L. No. 23-2004]

B. Any building erected, constructed, altered, enlarged, converted, moved or used contrary to any of the provisions of this chapter and any use of any land or any building which is conducted, operated or maintained contrary to any of the provisions of this chapter shall be and the same is hereby declared to be unlawful.

(1) Proper Village authorities may institute an injunction, mandamus, abatement or any other appropriate action to prevent, enjoin, abate or remove such erection, construction, alteration, enlargement, conversion or use in violation of any of the provisions of this chapter.

(2) Such action may also be instituted by any three taxpayers who may be aggrieved by any violation of this chapter by the procedure of appropriate Village Law. Proper Village authorities shall serve notice by regular mail addressed to the premises of such violation on the person or corporation committing or permitting the same, and if such violation does not cease within such time as the property Village authorities may specify and a new certificate of occupancy is not obtained, they shall institute such of the foregoing action as may be necessary to terminate the violation. Such notice may also be served by posting on the premises.

C. The remedies provided for herein are cumulative and not exclusive and shall be in addition to any other remedies provided by law.

§ 250-13 Zoning Board of Appeals.

[Amended 8-12-2008 by L.L. No. 7-2008]

A. Establishment. Pursuant to the provisions of § 7-712 of the Village Law of the State of New York, there is established a Zoning Board of Appeals of five members for the Village of Rye Brook.

B. Members; terms of office. The members of the Zoning Board of Appeals shall be appointed by the Board of Trustees, and the persons appointed shall serve as members of the Zoning Board of Appeals as follows:

(1) Upon the expiration of the term of office for each existing member of the Zoning Board of Appeals, the Board of Trustees shall be authorized to appoint the successor, who shall serve for a period of three years.

(2) The members of Zoning Board of Appeals shall serve without compensation.

(3) The Board of Trustees shall have the authority to remove any member of the Zoning Board of Appeals for just cause. Prior to the exercise of this the Board of Trustees must conduct a public hearing in accordance with the notification requirements in § 250-40.

C. Subsection B is enacted pursuant to the provisions of the Municipal Home Rule Law and supersedes § 7-712 of the Village Law with respect to terms of office of members of the Zoning Board of Appeals.

D. If a member must miss a regularly scheduled meeting, she or he shall advise the Chair in advance and, at the discretion of the Chair, shall be recorded as "excused" for the meeting missed. In the event that a member is absent for three regularly scheduled meetings in any one calendar year, or without excuse for two consecutive meetings, the Chair shall notify the Mayor, and the member shall be deemed to have resigned by the Board of Trustees unless good cause shown, and a replacement appointed for the balance of the term outstanding.

E. Compulsory continuing education. Zoning Board of Appeals members shall be subject to compulsory annual education, at the Zoning School offered by Pace University's Land Use Law Center for New York Municipal Reciprocal or with another provider of an acceptable curriculum as approved by the Village as follows:

(1) New members. All first-year members of the Zoning Board shall be required to complete at least three modules of the Zoning School offered by Pace University's Land Use Law Center for New York Municipal Reciprocal or another similar program as determined by the Village Board or Village Administrator. The programs must amount to a total minimum of four training hours.

(2) Returning members. All returning members shall be required to complete at least two modules of the Zoning School offered by Pace University's Land Use Law Center for New York Municipal Insurance Reciprocal or another similar program as determined by the Village Board or the Village Administrator. The programs must amount to a total minimum of four training hours.

(3) Current members. All current members of the Zoning Board of Appeals who have served for at least one year, as of the effective date of this chapter, shall be deemed returning members. Current members who have not served for at least one year, as of the effective date of this chapter, shall be deemed new members.

F. The Village shall reimburse Zoning Board of Appeals members for any expenses associated with the completion of compulsory continuing education. The above requirements of Subsection E may be waived by resolution of the Village Board.

G. Powers and duties. The Zoning Board of Appeals shall have all the powers and duties prescribed by law and by this chapter, which powers and duties are summarized and more particularly specified as follows, provided that none of the following provisions shall be deemed to limit any of the powers of the Zoning Board of Appeals that is conferred by general law:

(1) Interpretation. On appeal from an order, requirements, decision or determination made by an administrative official charged with the enforcement of this chapter or on request from any official or Board of the Village, to decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary line if uncertainty remains after reference to the rules specified in Article III of this chapter.

(2) Variances. The Zoning Board of Appeals shall have the power, in passing upon appeals, to vary or modify the application of any of the regulations or provisions of this chapter relating to the use, construction or alteration of buildings or structures or the use of land, so that the health, safety and welfare are protected in accordance with the standards set forth herein or as otherwise provided by law.

(a) Use variances.

[1] The Zoning Board of Appeals, upon appeal from the decision or determination of the administrative official charged with the enforcement of such ordinance or local law, shall have the power to grant use variances, as defined herein.

[2] No such use variance shall be granted by a Zoning Board of Appeals without a showing by the applicant 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:

[a] The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;

[b] The alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood;

[c] The requested use variance, if granted, will not alter the essential character of the neighborhood; and

[d] The alleged hardship has not been self-created.

[3] 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.

(b) Area variances.

[1] The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of the administrative official charged with the enforcement of such ordinance or local law or as otherwise provided by law, to grant area variances as defined herein.

[2] In making its determination, 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 making such determination, the Board shall also consider whether:

[a] 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;

[b] The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;

[c] The requested area variance is substantial;

[d] The proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and

[e] 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.

[3] The Zoning Board of Appeals, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and that shall at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.

(3) 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 imposed for the purpose of minimizing any adverse impact of such variance on the neighborhood or community.

(4) The Zoning Board of Appeals may reverse, affirm, or modify, in whole or in part, the order, requirement, decision or determination made by the building inspector or administrative official charged with the enforcement of this chapter and appealed from and the Zoning Board of Appeals shall make such order, requirement, decision or determination and have all the powers of the building inspector or administrative official from whose order, requirement, decision or determination the appeal is taken.

(5) Variances and zoning interpretations sought in connection with other applications.

(a) The Zoning Board of Appeals shall determine any variance relief or zoning interpretation needed in connection with an application referred to it by the Village Board and/or Planning Board, where applicable, pursuant to § 179-12 of the Village Code. In addition to the referral resolution required by § 179-12 of the Village Code, the Zoning Board of Appeals may request such other information from the Village Board and/or Planning Board as it deems relevant to the application.

(b) The Zoning Board of Appeals shall not place upon its agenda any request for an area variance, except as referred above or otherwise allowed by law, while a site plan application, subdivision application or request for a permit is pending before the Village Board and/or Planning Board, where applicable. In any case where a referral is made pursuant to § 179-12, the Zoning Board of Appeals shall hear and determine only those matters so referred.

(c) Whenever a use variance is sought in connection with a site plan application, subdivision application or in connection with any other zoning or land use application or request for a permit, the Zoning Board of Appeals shall first make a determination on the use variance relief sought prior to final review of the other land use application(s) by the Village Board, the Planning Board or any other agency serving in an advisory capacity or as the designated approval authority. The Zoning Board of Appeals may request that the Village Board, the Planning Board or any other agency serving in an advisory capacity or as the designated approval authority for an application or permit, engage in preliminary review of a site plan, subdivision or other zoning or land use application or permit, for the purpose of providing input on related planning issues to the Zoning Board of Appeals relevant to the Zoning Board of Appeals review of the use variance application.

H. Expiration of approval. Unless a building permit is issued within six months from the date of the granting of a variance, such variance shall become null and void without further hearing or action by the Zoning Board of Appeals unless, within such six-month period, the applicant can show the Zoning Board of Appeals good cause for an extension. If a building permit is issued within six months from the date of the granting of a variance and such building permit later is deemed invalid by the Building Inspector, said variance shall become null and void.

[Amended 10-27-2020 by L.L. No. 9-2020]

I. Meetings to constitute public hearings. For purposes of this chapter and in accordance with the requirements of' §§ 250-2 and 250-40 of the Rye Brook Zoning Code, all meetings of the Zoning Board of Appeals shall constitute public hearings.

J. Submission requirements. Applications shall be made to the Zoning Board of Appeals on a form available from the Building Department and shall be submitted, along with all other application materials, in electronic file format acceptable to the Building Department in addition to at least eight paper copies, or such other format or amount as determined by the Building Department. The Building Department may waive the electronic submission requirement only in extraordinary cases of technical infeasibility.

[Added 10-28-2014 by L.L. No. 9-2014]