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Village of Pulaski, NY
Oswego County
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Table of Contents
Table of Contents
Code
New Laws (0) Index Notes (5)
[Amended 4-12-1999 by L.L. No. 1-1999; 4-12-2004 by L.L. No. 1-2004; 8-9-2021 by L.L. No. 4-2021]
This chapter shall be enforced by the Zoning Enforcement Officer. The Zoning Enforcement Officer shall be appointed by the Village Board annually. The Village Board may appoint a Deputy Zoning Officer who shall enforce this chapter should the Zoning Enforcement Officer be unable to perform his or her duties because of absence, health, death or any other reason. The Village Mayor may appoint an Acting Zoning Enforcement Officer for a period not exceeding 120 days should the Zoning Enforcement Officer or the Deputy Zoning Enforcement Officer, should there be one, not be able to perform his or her duties because of absence, health, death, resignation, retirement, or any other reason. The Acting Zoning Enforcement Officer may serve for a period exceeding 120 days with Village Board approval.
A. 
Fees may be charged for applications for zoning district changes, zoning permits, special permits, variances, and swimming pool permits. The Village Board shall, by a majority vote, establish such fees for each type of application, be it zoning permit, special permit, variance, district change or swimming pool permit, which may or may not be uniform.
B. 
The Village Board may, upon a vote of a majority, modify any or all such fees (for application); however, said fee change shall not take effect until at least 30 days after said vote.
A. 
No building or structure shall be erected or added to until a zoning permit has been issued by the Zoning Enforcement Officer.
B. 
The Zoning Enforcement Officer shall not grant a zoning permit where the proposed construction, alteration or use thereof would be in violation of this chapter.
C. 
The Zoning Enforcement Officer shall issue a zoning permit only after any required site plan has been approved.
D. 
No swimming pools shall be erected or constructed until a swimming pool permit has been issued by the Zoning Enforcement Officer.
E. 
A zoning permit shall be issued for a period of 12 months, contingent upon complete compliance with the plans submitted with the zoning permit. If, after the issuance of the zoning permit, the Zoning Enforcement Officer determines that the addition, erection or alteration does not conform to the zoning permit, he shall revoke said zoning permit. Upon such revocation, it shall be treated as if the zoning permit had not been issued and the Zoning Enforcement Officer shall commence any and all enforcement actions as provided in § 160-13 of this chapter. If the twelve-month period expires prior to completion, the Zoning Enforcement Officer shall commence enforcement proceedings unless, prior to said expiration, the owner of said lot of record has submitted an application for an extension of the permit for an additional twelve-month period contingent upon his or her complete compliance with the original application. (There shall be no fee charged for an extension permit.)
No building shall be used or occupied or the use altered until a certificate of occupancy required under the New York State Uniform Fire Prevention and Building Code has been issued by the Village Building Inspector and also certified by the Zoning Enforcement Officer.
A. 
Any conviction of violation of this chapter is a violation punishable by a fine not exceeding $1,000, imprisonment for not more than one year, or both. Each week's continued violation shall constitute a separate offense.
B. 
With regard to § 160-58B, Junk, junkyards and outdoor storage, of this chapter, any violation, in relation to § 160-58B only, not remedied by the court's disposition date can, at the discretion of the Board of Trustees, be resolved through the use of Village resources, at a chargeable rate of $200 for the first hour and $150 per hour for every hour thereafter. Said charges shall be in addition to the fine above and shall be made to the party in violation, until such violation is in compliance with the chapter. In addition, any and all dispositional charges, which are landfills, tipping fees, towing or rigging fees, etc., which are beyond the scope of Village resources shall be charged to a party in violation. Should the party in violation fail to pay said charges within 45 days, said charges will be added to and become a part of real property taxes due and owing for the calendar year within which the violations occurred.
Whenever a violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints shall be in writing and filed with the Zoning Enforcement Officer who shall properly record such complaint and immediately investigate.
The Zoning Enforcement Officer is authorized to inspect and examine, or cause to be inspected and examined, any building, structure, place, premises or use in the Village with regard to the provisions of this chapter and to issue a written order for the proper remedying or compliance, within a reasonable period of time not to exceed 30 days, of any condition to be found in violation thereof, subject to the provisions of the chapter.
If an unlawful condition of use is found not to have been properly remedied or made to comply with the provisions of this chapter by the expiration of a reasonable time period not to exceed 30 days, the Zoning Enforcement Officer is empowered to immediately institute any appropriate action, charge, or proceedings in the proper legal court for the prevention, cessation or discontinuance of any condition, use, occupancy or act (in, on, or around any building, structure, or tract of land) and for the prosecution of any owner, occupant or offender.
A. 
Regulations, districts and boundaries established by this chapter may be amended or repealed after official notice has been given and a public hearing has been held by the Village Board as required in Article 7 of the Village Law.
B. 
Each petition requesting a change in zoning regulations or district boundaries shall be typewritten, signed by the owner, and filed in triplicate, and accompanied by the required fee.
C. 
Every such proposed amendment shall be referred to the Planning Board at least 30 days prior to the public hearing for a report before the public hearing.
D. 
The Planning Board may require a plan of the proposed development for which a zoning district change is sought, to assist in its understanding of the case.
The lawful use of any building or land existing at the time of the enactment of this chapter or any amendments thereto may be continued although such use does not conform to the provisions of the chapter, subject to the following:
A. 
Expansions. A nonconforming use shall not be expanded until such time as the owner of the lot of record has applied for and received a variance from the Zoning Board of Appeals. The expansion of all lawful use to any portion of any nonconforming building which existed prior to the enactment of this chapter shall be deemed an expansion of such nonconforming use and shall also require a variance.
B. 
Abandonment or discontinuance. When a nonconforming use of land ceases for any reason for a period of more than 30 days, or a nonconforming use of a structure has ceased for a consecutive period of six months, or for 18 months during any three-year period, it shall not thereafter be established and the future use of such land or building shall be in conformity with the provisions of this chapter.
C. 
Changes. Once changed to a conforming use, no building or land shall be allowed to revert to a nonconforming use.
D. 
Destruction. If a nonconforming building or structure is destroyed by any means to the extent of 50% or more of either its value or its bulk, the applicant will thereafter have six months from the date of approval of site plan, or approval of the building permit by the Zoning Enforcement Officer if site plan approval is not necessary, to complete reconstruction without expanding the original use. If the six-month period expires prior to completion, the Zoning Enforcement Officer shall commence enforcement proceedings unless, prior to said expiration, the owner of the said lot of record has submitted an application for an extension of the permit for an additional six-month period. There shall be no fee charge for an extension permit.
E. 
Certificates. Existing nonconforming uses shall be certified and a certificate of occupancy shall be issued within 120 days of adoption of this chapter.
A. 
Any permanent special permit or variance granted pursuant to this chapter shall be deemed to run with the land. Any conditions imposed on the initial special permit or variance shall continue with any subsequent owner, and, upon violation of such conditions by any subsequent owner, the Zoning Enforcement Officer may commence any enforcement action permitted under § 160-13.
B. 
Prior to the transfer of said property, it shall be the obligation of the transferee to ensure that the special permit or variance is still in effect and that no condition of such permit or variance have been violated.
A. 
At any time subsequent to the granting of a special permit or variance, the issuing body may commence a proceeding to terminate said special permit or variance based upon a failure of the applicant to comply with any condition imposed at the time of the granting of such permit or variance. Such proceeding to terminate shall be brought before the board which initially granted the special permit or variance and shall be an evidentiary hearing.
B. 
The Chairman of the Board (Zoning Board of Appeals and/or Planning Board) shall rule on all evidentiary matters and the burden of proof shall be on the Zoning Enforcement Officer to prove, by a preponderance of the evidence, that the condition previously imposed has been violated.
C. 
After the hearing is completed, the Board (Zoning Board of Appeals and/or Planning) shall determine whether such conditions have been violated. To make a finding that such violations have occurred, there must be a concurring vote of a majority of the members of the Board.
D. 
Upon a finding of such violation or violations, the Board must take one or more of the following actions:
(1) 
Declare the special permit or variance terminated and instruct the Zoning Enforcement Officer to commence any enforcement proceedings permissible under § 160-13 of this chapter, as if the original permit had not been granted.
(2) 
Continue the special permit or variance under the same terms and conditions previously imposed.
(3) 
Impose a civil penalty of up to $500.
(4) 
Impose new or other conditions or revoke prior conditions placed upon the special permit or variance; however, such new conditions shall not take effect, nor shall any existing conditions be revoked, until after a public hearing is held at which time all members of the public may be heard. During the interim period between the date of the determination of the Board and the date of the public hearing, all conditions of the initial permit or variance shall be continued in effect.
A. 
A special permit or variance shall continue until such time as it is voluntarily terminated, terminated by action of the appropriate issuing agency pursuant to § 160-17, or is terminated by abandonment. For the purpose of this section, a special permit or variance shall be considered to be abandoned when it has been abandoned or discontinued for a period of 12 consecutive months or for a total of 18 months in any three-year period. A determination may be made that said special permit or variance has been abandoned after a hearing in accordance with the procedures set forth in § 160-17, unless said business is seasonal which shall consist of being open at least two months a year for purposes seasonally related.
B. 
Destruction. If a building or structure for which a special permit or variance has been previously granted, and the use hereunder has existed, and the building is subsequently destroyed, the owner of the lot of record may construct a building which continues the prior usage under the special permit or variance. However, if the new building or structure will be of greater size than the previous building or structure, and nonconforming, site plan and/or variance approval must be obtained from the Planning Board and/or Zoning Board of Appeals.
Once an application for a special permit or variance has been approved, the applicant shall have one year to complete construction and commence usage of the property in complete compliance with the original application for a special permit or variance or said application shall be considered terminated. The issuing board may, upon application of the applicant, extend the period of time to complete construction or commence usage for an additional six months.