[Amended 1-19-2021 by L.L. No. 1-2021]
The duty of administering and enforcing the provisions of this
chapter are hereby conferred upon the Zoning Officer, or his/her authorized
designee, who shall have such powers as are conferred upon him/her
by this Zoning Law and as reasonably may be implied therefrom.
[Amended 6-17-2002 by L.L. No. 3-2002; 1-19-2021 by L.L. No. 1-2021]
A.
Duties. It shall be the duty of the Zoning Officer, or his/her authorized
designee, to do the following:
(1)
Inspect and review any plans, buildings, proposed uses or the premises
to determine they are not in violation of the provisions of this chapter.
The Zoning Officer, or his/her appointed designee, shall be entitled
to enter upon, examine or inspect with reasonable cause, or cause
the same to be done, any land, building or structures for the purposes
of administering this chapter. Written notes of each such examination
or inspection shall be prepared and kept on file. Every reasonable
effort shall be made to contact the owner prior to the inspection
of said property, which efforts shall be noted.
(2)
Perform any and all administrative or enforcement duties specified
in this chapter, including, but not limited to, accepting and reviewing
applications, plans or plats, reviewing and issuing of permits, licenses
or certificates and issuing notices of violation, stop-work orders
and appearance tickets for the violation of this chapter and carrying
out any lawful order of the Village Board or Zoning Board of Appeals.
(3)
Assist applicants for zoning permits by explaining the process, assisting
them in filling out forms and providing general guidance as to the
contents of this chapter.
(4)
Keep the Planning Board aware of applications before it; ensure that
Planning Board members receive all forms, etc.
(5)
Coordinate with the Village Clerk's Office to schedule or arrange
for all meetings/hearings dealing with zoning matters to include legal
notices, etc.
(6)
Issue all zoning permits (by right/special use permit/sign permit/architectural
review approval) as authorized by the permitting board; grant requests
for uses which are permitted by right (no public hearing required).
(7)
Coordinate with the Village Clerk's Office to ensure records
of all zoning proceedings, including legal notices, property owner
notifications, the issuance or denial of permits and certificates
of occupancy, are part of the Village record; ensure that the applicant
receives a copy of the decision.
(8)
Assist the Zoning Board of Appeals in dealing with zoning variances.
(9)
All required fees shall be received at the Village Office main window
and accounted therefor by the Village Treasurer.
(10)
To develop such forms, with rules and regulations therefor,
as he/she deems necessary for the proper administration and enforcement
of this chapter. Said forms, rules and regulations shall be reviewed
and approved by the Village Board and shall be available for public
view at the Village Clerk's office. Such rules, regulations and
forms shall not be in conflict with the provisions of this chapter
or any other law of the Village of Westfield, nor shall they have
the effect of waiving any provision of this section or any other law.
Such rules, regulations and forms shall have the same force and effect
as the provisions of this section and shall be subject to the same
penalties for violations thereof.
B.
Violations and written orders.
(1)
Written complaints of violations of this chapter shall be filed with
the Village Clerk's Office and forwarded to the appropriate Village
office for resolution. When such written complaints are forwarded
to the Zoning/Code Enforcement Office, the Zoning Officer will serve
a written notice of violation upon the owner or occupant of the premises
where there appears to exist a violation of any provision of this
chapter.
(2)
Upon receipt of a written request by the violator for an extension
of time to comply with a notice of violation, the Zoning Officer may
extend the date of compliance for not more than 30 days if the violation
does not present an immediate risk to persons or property and if,
in his opinion, there is reasonable evidence of intent to comply and
that conditions exist which prevent compliance by the specified date.
(3)
Any notice, order, or appearance ticket issued pursuant to this chapter
shall be served upon the alleged violator in person, or upon a person
of suitable age and discretion on such property, and if not so served
in person, such notice, order or appearance ticket shall be posted
in a conspicuous place upon the premises affected and a copy thereof
mailed to the alleged violator or party to be charged by first-class
mail on the same day to the affected premises or, if not appropriate,
then to the last known address of the violating party.
(4)
Any person served with notice of a violation in accordance with Subsection B(1) and who denies the violation or is allegedly aggrieved by the required action necessary for compliance may, within 15 days after service of notice, make a request, in writing, for a hearing before the Zoning Officer stating the reasons why such a hearing is requested. Compliance with a notice of violation shall not be required while a hearing is pending.
(5)
Within 15 days after receipt, properly stamped, of a request for
a hearing, the Zoning Officer shall acknowledge receipt, in writing,
by certified mail, and set a time and place for such hearing within
30 days after the date the request was received. Hearings may be postponed
up to an additional 30 days by the Zoning Officer for just cause,
and notice of postponement shall be served upon the applicant. The
person requesting the hearing shall be required to show cause or give
evidence why he should not be required to remedy the violation outlined
in the notice of violation.
(6)
After consideration of all testimony given at the hearing held in accordance with Subsection B(5), the Zoning Officer shall sustain, withdraw, or modify the notice of violation as originally served. If such notice is sustained or modified, the Zoning Officer shall set a new compliance date by which the violation shall be remedied or removed in accordance with the original notice of violation or modified remedial action specified at the hearing.
(7)
On reinspection following expiration of the date of compliance as
specified in the notice of violation, if the violation has been remedied
or removed in accordance with the specified remedial action and there
is no longer a violation of any provision of this chapter, then a
certificate of zoning compliance shall be issued by the Zoning Officer.
(8)
On reinspection following the expiration of the date of compliance as specified in the notice of violation or as extended in accordance with Subsection B(2), if the remedial action specified has not been carried out and, in the opinion of the Zoning Officer, violation of a provision of this chapter remains, then the Zoning Officer may:
(a)
Issue an appearance ticket for said violation, which shall be
prosecuted in the Village of Westfield Justice Court;
(b)
With the approval of the Board of Trustees, maintain an action
in the Supreme Court for an injunction or other remedy to restrain,
correct, or abate such violation; or
(c)
Take whatever other legal action is necessary to compel compliance
with this chapter.
[Amended 1-19-2021 by L.L. No. 1-2021]
The certificates and permits enumerated herein are hereby established
for the equitable enforcement and administration provisions of this
chapter.
A.
Zoning permit. No land shall be used or occupied, and no building
or structure shall be constructed, demolished, erected, altered, extended,
repaired, demolished, removed, or changed to another use, unless a
zoning permit has been issued. Permits are not required for interior
modifications or home repairs or improvements meeting these conditions.
Additionally, for uses not requiring permits as specified in the district
regulation sections, said uses shall meet all zoning regulations.
B.
Special use permit. Upon direction of the Planning Board, the Zoning
Officer is hereby empowered to issue any special use permit provided
for by this chapter.
(1)
If conditions are imposed by the Planning Board as part of the approval
of the permit, those conditions shall be satisfied before the Zoning
Officer may issue a zoning permit and/or a certificate of zoning compliance.
The Planning Board shall determine when the conditions have been met.
(2)
Notwithstanding any provision of law to the contrary, where a proposed
special use permit contains one or more features which do not comply
with the zoning regulations, application may be made to the Zoning
Board of Appeals for an area variance without the necessity of such
determination by the Zoning Officer. The Zoning Board of Appeals shall
act on the application for a variance prior to final Planning Board
action on the application for the special use permit.
C.
Sign permit. Upon direction of the Planning Board, the Zoning Officer
is hereby empowered to issue any sign permit provided for by this
chapter.
D.
Architectural review. Upon direction of the Planning Board, the Zoning
Officer is hereby empowered to issue any architectural review approval
provided for by this chapter.
E.
Site plan review. Upon direction of the Planning Board, the Zoning
Officer is hereby empowered to issue any preliminary and/or final
site plan approval provided for by this chapter.
F.
Certificate of occupancy. No land shall be used or occupied, no building
hereafter erected, altered or extended shall be used and no building
shall be changed in any use until a certificate of occupancy shall
have been issued by the Zoning Officer. A certificate of occupancy
shall be applied for coincident with the application for a zoning
permit but shall not be issued until the building and/or use of the
property has been completed in strict conformance with this chapter
and the fire and building codes and whatever additional local, county,
state of federal law, rule or regulation may be applicable. A record
of all certificates shall be maintained by the Fire and Building Inspector.
(1)
A certificate of occupancy shall remain valid only for those specific
conditions of use and occupancy in effect at the time of issuance
or for which said certificate was issued.
(2)
In case the Zoning Officer shall refuse to issue a certificate of
occupancy, his reasons for so doing shall be stated, in writing, on
the application, and a copy shall be returned to the applicant.
(3)
The Zoning Officer may rescind, for just cause, a certificate of
occupancy which has been issued.
G.
Certificate of compliance. The Zoning Officer is hereby empowered
to issue a certificate of compliance which shall certify that all
provisions of this chapter have been complied with in regards to location
and the use of buildings, structures, or premises in question.
[Amended 1-19-2021 by L.L. No. 1-2021]
A.
Preapplication conference. A preapplication conference may be held
initially between the Zoning Officer and the applicant to discuss
the proposed project and review the application form, the materials
and information needed to complete the form, and the procedures used
in reviewing permit applications. If appropriate, a preapplication
presentation may be made to the Planning Board to discuss the nature
of the proposal and identify the general nature of any conditions
that may be imposed.
B.
Permitted use review process. On any proposal to use or occupy land,
change a use, or construct a building or other improvement to property
which is defined by this chapter as a permitted use in the zoning
district in which the building is proposed, the Zoning Officer shall
upon finding that the proposal complies with the applicable zoning
requirements and can be adequately serviced by existing utility systems
or lines, the plans shall be reviewed for Building Code compliance
and permit issuance by the Building Inspector.
(1)
If the submission does not comply with the requirements of the zone,
the Zoning Officer shall so notify the owner of the project or his
agent, if any, stating specifically what requirements of the zone
have not been satisfied, also stating whether the project could be
reviewed as submitted as a special use for that zone.
C.
General application review process.
(1)
General sequence of steps. This chapter shall be administered and
enforced by the Village's Zoning Officer. All persons desiring
to undertake any new construction, structural alteration, or change
in the use of a building or lot shall apply to the Zoning Officer
for a zoning permit by filing the appropriate application form and
by submitting the required fee. The Zoning Officer will then review
the submission to determine compliance with this chapter. The Zoning
Officer will then either issue or refuse the zoning permit or refer
the application to the Planning Board. After the zoning permit has
been received by the applicant, he/she may proceed to undertake the
action permitted in the zoning permit and, upon completion of such
action, shall apply to the Zoning Official for a certificate of zoning
compliance.
(2)
General requirements. No building or structure shall be erected,
added to, or structurally altered until a permit has been issued by
the Zoning Officer. No building permit shall be issued for any building
project unless the plans for the proposed structure have been submitted
to and approved by the Code Enforcement Officer.
(a)
Proposals submitted to the Zoning Officer shall be reviewed
in accordance with the provisions of this chapter for the special
use permit, sign permit or architectural review process. Subdivisions
and site plans are initially reviewed by the Zoning Officer and submitted
to the Planning Board for review and final approval.
(b)
No planning review shall occur until all applicable planning
fees have been paid, and no final approval shall be effective until
all other fees assessed by this chapter, including applicable engineering
fees, have been paid. No final approval shall be effective until all
conditions of approval, preceding project implementation, have been
satisfied.
(c)
Except upon written order of the Zoning Board of Appeals, no
such zoning permit or certificate of zoning compliance shall be issued
for any building where said construction, addition, or alteration
of use thereof would be in violation of any of the provisions of this
chapter. Upon issuance of final planning approval, the plans shall
be forwarded to the Code Enforcement Officer for issuance of a building
permit under the provisions of the New York State Uniform Fire Prevention
and Building Codes.[1]
(3)
Application. An applicant for a special use permit shall submit a
completed application on a form provided by the Zoning Officer who
shall forward it to the Planning Board. Eight copies of all required
materials shall be submitted.
(a)
The application shall contain the following information and
materials and/or materials specified by the site plan review section
of this chapter:
[1]
If the proposed project is in or near a floodplain, the applicant
shall submit appropriate materials related to floodplain impacts.
[2]
A written statement, which shall contain the following information:
[a]
If appropriate, a map of the site showing the existing
conditions, site boundaries, proposed project/site changes, orientation
to adjoining public streets and the neighborhood including North arrow
and scale.
[b]
The tax map number of the parcel or parcels on
which the project will occur and the name of the owner of record for
those parcels.
[c]
A general description of the project, including
the nature of the use and anticipated hours of operation.
[d]
If a multifamily dwelling is proposed, a description
of the proposed ownership (condominium, rental, time-share ownership,
etc.) and a description of the proposed property management structure.
[e]
A list of any encumbrances, covenants, or easements
on the property.
[f]
A development schedule indicating phased development,
if any, and the estimated completion date for the project.
[3]
If the applicant is not the owner of the property, the applicant
shall submit a statement from the property owner that gives his/her
permission for the application to be submitted.
[4]
Environmental Assessment Form, with Part I completed and signed
by the applicant.
[5]
All required fees.
[6]
Any other information that the Planning Board determines is
necessary for meaningful review of the application based on the nature
of the project or the site.
(b)
The Planning Board may waive any particular submission requirement(s)
it determines unnecessary for review of a particular project.
(4)
Review by Zoning Officer.
(a)
The Zoning Officer shall review the application to determine
if the proposal:
(b)
Upon finding that the proposal complies with the applicable
requirements of the Zoning Code and that the development can be adequately
served by existing utility systems or lines, the plans shall be reviewed
for Building Code compliance. If it is in compliance with the Building
Code and Zoning Code, a zoning permit and building permit shall be
issued. If the proposal does not comply with applicable requirements
of the Zoning Code, or if the proposal requires a special use permit
or site plan review, the Zoning Official shall not issue the zoning
permit and shall notify the property owner or his/her agent as to
what further action may be required.
(5)
Issuance of permits. It shall be the duty of the Zoning Officer to
issue a zoning permit, provided he/she is satisfied that all requirements
of this chapter are satisfied, and that all other reviews and actions,
if any are called for in this chapter, have been complied with and
all necessary approvals secured therefor. One copy of the plot plan
shall be returned to the applicant along with the zoning permit. The
other copy of the plot plan shall be retained, along with the zoning
permit, by the Zoning Officer and shall be maintained as a public
record.
(6)
Abandoned applications and termination of projects. It is the policy
of the Village to require developers submitting projects to the planning
process to move their projects to either approval or denial in a reasonably
expeditious manner. The time required in the planning review process
will vary with the size and complexity of each proposal, and the establishment
of exact time requirements for review is impractical. It is the policy
of the Village to formally deny projects submitted to the process
which remain inactive for six months of time due to acts or omissions
of the developer.
(a)
An application will be deemed abandoned and terminated and will
be denied if there is no activity by the applicant on the application
within six months of the initial application date or from the date
that additional material is requested by the Planning Board, whichever
is later. "No activity" means that the applicant is not diligently
providing the Village with information necessary to proceed with review
of the application, including materials and/or information that are
required by this Code or by the requirements of the State Environmental
Quality Review Act.
(7)
Expiration of zoning permit. A zoning permit shall expire after one
year if the applicant fails to implement his application as filed
with the Zoning Officer.
(8)
Revocation of permits. If it shall appear, at any time, to the Zoning
Officer that the application or accompanying plot is in any material
respect false or misleading, or that work is being done upon the premises
differing materially from that called for in the application filed
with him under existing laws or ordinances, he may forthwith revoke
the zoning permit, whereupon it shall be the duty of the person holding
the same to surrender it and all copies thereof to said Zoning Officer.
(a)
After the zoning permit has been revoked, the Zoning Officer,
at his/her discretion, before issuing a new zoning permit, may require
the applicant to file an indemnity bond in the favor of the Village
with sufficient surety conditioned for compliance with this chapter
and all building laws and ordinances then in force and in a sum sufficient
to cover the cost of removing the building if it does not so comply.
(9)
Filing of decisions. The Zoning Officer shall maintain a permanent
record in his/her office of every administrative decision that he/she
makes. Each decision shall be filed in the Zoning Officer's office
within five business days of the date of the decision and shall be
a public record.
(10)
Certificates of zoning compliance.
(a)
No land shall be occupied or used and no structure hereafter
erected, altered, or extended and no change in use shall occur until
a certificate of zoning compliance shall have been issued by the Zoning
Officer.
(b)
Application for a certificate of zoning compliance shall be
made within 15 days of completion of the structure, alteration, or
other work.
(c)
Said certificate of zoning compliance shall be issued by the
Zoning Officer within 30 days after the application is received. The
certificate shall state that all work completed is in compliance with
the provisions of this chapter, including any variances or other permits
that may have been issued.
(d)
The Zoning Officer shall maintain a record of all certificates
of zoning compliance. Copies of said certificates shall be furnished
upon request to any person having a proprietary or tenancy interest
in the parcel or building affected.
(11)
State Environmental Quality Review (SEQR). This chapter shall
not preclude the application of any of the requirements of State Environmental
Quality Review (Environmental Conservation Law) of the State of New
York (Title 6 of NYCRR, Part 617, Section 8-0113).
For areas which are located within an area of
special flood hazard identified by the Federal Insurance Administration
on its Flood Hazard Boundary Map No. H01-02, dated May 17, 1974, and
any revisions thereto, applicants for a zoning permit must obtain
all necessary permits from all federal, state and local agencies from
which prior approval must be granted before a zoning permit shall
be issued.
The application for any permit, certificate,
license or any review by the Village Planning Board or Zoning Board
of Appeals shall be accompanied by a fee in an amount specified from
time to time by resolution of the Village Board.
